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HomeMy WebLinkAbout(03) MINUTES 01/16/2018 REGULAR MEETING REGULAR MEETING — January 16, 2018 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Scott gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, January 16, 2018 at 8:35 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Derrick Freeman; Mayor Pro Tern Cal Jones; Councilmembers Raymond Scott, Jr., Thomas Kinlaw, III, Harold Doucet, Osman Swati and Charlotte M. Moses; Interim City Manager Harvey Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Patrick Melvin. Councilmember Willie "Bae" Lewis, Jr. joined the Regular Meeting at 8:53 a.m. Councilmember Kaprina Frank was absent from the Regular Meeting. II. PROCLAMATIONS Proclamations The Mayor issued the following Proclamations January 23, 2018 as "Catholic Charities of Southeast Texas 15th Annual Harvest of Hope Day" III. PETITIONS & COMMUNICATIONS A. Speakers (1) Jasmine Patin Regarding Miss Black & Gold Alpha Frat Inc. Sponsorship Not Present. (2) Wade Price Sr., Regarding City Ordinance/Harvey Not Present (3) Andy Nguyen Regarding Reopening Of Port Arthur Civic Center Andy Nguyen, 3636 10th Street, appeared before the City Council to discuss the renovation schedule for the Port Arthur Civic Center. B. Presentations (2) December Monthly Financial Report Finance Director Andy Vasquez gave the above-mentioned presentation. C. Employee Recognition - None D. Correspondence - None IV. PUBLIC HEARINGS — 9:00 AM - None III. PETITIONS & COMMUNICATIONS B. Presentations (1) A Presentation By Councilmember Lewis On The Implementation Of The Deletion Of Position 5 & 6 Under Section 2 Of The Voting Rights Act And Written Opinion On The Negative Impact Of The Removal Of Position 6 For Citizens In Districts 2 & 3 (Requested By Councilmember Lewis) E. Discussion (1) Discuss and Possibly Take Action on the Implementation of the Deletion of Position 5 & 6 Under Section 2 of the Voting Rights Act (Requested By Councilmember Lewis) Councilmember Lewis gave the above-mentioned presentation and led the discussion. The Motion Was Made By Councilmember Lewis And Seconded By Mayor Pro Tern Jones That The City Attorney Formally Request An Attorney General Opinion Regarding The Implementation Of The Deletion Of Position 5 & 6 Under Section 2 Of The Voting Rights Act The following roll call vote was taken on the above-mentioned motion: Councilmember Doucet "No" Mayor Pro Tem Jones "No" Councilmember Kinlaw "No" Councilmember Lewis "Yes" Councilmember Moses "No" Councilmember Scott "No" Councilmember Swati "No" Mayor Freeman "No" The above-mentioned motion failed. E. Discussion (2) Discuss Status Of Valero Garden Project For The West Side (Requested By Councilmember Doucet) Councilmember Doucet requested a status update regarding the Valero Garden Project for the West side. (3) Discussion Regarding Ethics (Requested By Councilmember Swati) Councilmember Swati led the discussion regarding ethical practices of the City Council. V. UNFINISHED BUSINESS (1) P.R. No. 20051 — A Resolution Appointing And/Or Reappointing A Member Or Members To The Construction Board Of Adjustments And Appeals (Requested By Mayor Pro Tem Jones) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Swati, seconded by Mayor Pro Tern Jones and carried, Proposed Resolution No. 20051 was tabled. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. City Council Minutes 2 Regular Meeting — January 16, 2018 VI. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 19979: Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. A. Resolutions (2) P.R. No. 20009 — A Resolution Authorizing The City Manager To Enter Into A Three-Year Contract With AT&T Corp Through Texas Department Of Information Resources (TXDIR) For The Provision Of Voice, Data And Internet Communications In The Annual Amount Of $105,196.20; Funding Available In Departmental Account Numbers: 001- 1061-518.61-03 (Civic Center), 001-1101-521.61-03 (Police), 001-1121-522.61-03 (Fire), 001-1201-531.61-03 (Public Works Admin.), 001-1301-541.61-03 (Health), 001- 1403-551.61-03 (Library), And 410-1252-532.61-03 (Water Purification) Proposed Resolution No. 20009 was adopted becoming Resolution No. 18-001. (3) P.R. No. 20019 — A Resolution Authorizing The City Manager To Enter Into An Agreement With Clifford Power Systems Of Houston, Texas, For The Preventative Maintenance And Repair Of All City Backup Generators With A Projected Budgetary Impact Amount Of $26,000.00 Funds Are Available In Utility Operations Department Account Numbers 410-1252-532.42-00 (Equipment Maintenance - $12,000.00) And 410-1256-532.42-00 (Equipment Maintenance - $14,000.00) Proposed Resolution No. 20019 was adopted becoming Resolution No. 18-002. (4) P.R. No. 20032 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool - Turnkey Recovery Program To Rebuild Port Arthur Public Library (4615 9th Avenue) Proposed Resolution No. 20032 was adopted becoming Resolution No. 18-003. (5) P.R. No. 20033 — A Resolution Authorizing The City Manager To Execute A Contract Between Texas Municipal League Intergovernmental Risk Pool — Turnkey Recovery Program To Rebuild Robert A. "Bob" Bowers Civic Center (3401 Cultural Center Drive) Proposed Resolution No. 20033 was adopted becoming Resolution No. 18-004. (6) P. R. No. 20034 — A Resolution Authorizing The Purchase Of Two (2) 2018 Ford F-550, Regular Cab 4x2 Flush Trucks For The Utility Operations Department From Grande Truck Center Of San Antonio, Texas, For Replacement Due To Hurricane Harvey, In The Amount Of $106,484.00 Each For A Total Of $212,968.00. Funds Are Available In Utility Operations Equipment Account No. 147-2300-901.92-00 Proposed Resolution No. 20034 was adopted becoming Resolution No. 18-005. City Council Minutes Regular Meeting — January 16, 2018 (7) P.R. No. 20035 — A Resolution Supporting The Acceptance Of The Fiscal Year 2019 Texas Department Of Transportation Selective Traffic Enforcement Program (S.T.E.P.) Grant In The Amount Of $49,645.01, With A 23% In-Kind Match Proposed Resolution No. 20035 was adopted becoming Resolution No. 18-006. (8) P.R. No. 20052 — A Resolution Authorizing The City Manager To Extend The Municipal Water Supply Contract With The Lower Neches Valley Authority Proposed Resolution No. 20052 was adopted becoming Resolution No. 18-007. (9) P.R. No. 20057 — A Resolution Authorizing The City Manager To Execute Settlement Of A Physical Damage Claim In The Amount Of $7,031.73 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Property Damage To Transit Vehicle #164 Proposed Resolution No. 20057 was adopted becoming Resolution No. 18-008. (10) P.R. No. 20060 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 1500 Regular Cab SWB Truck For The Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $17,951.00; Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment Proposed Resolution No. 20060 was adopted becoming Resolution No. 18-009. (11) P.R. No. 20061 — A Resolution Authorizing The Purchase Of Three (3) Ford F-250 R. C. Body Trucks For Water Utilities Department From Silsbee Ford Of Silsbee, Texas, In The Amount Of $29,314.84 Each For A Total Of $87,944.52. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147-2300-901.92-00, Equipment Proposed Resolution No. 20061 was adopted becoming Resolution No. 18-010. (12) P.R. No. 20062 — A Resolution Authorizing The Purchase Of One (1) 2018 Ram 3500 Service Bed Truck For Water Utilities Department From Moore CDJR Of Silsbee, Texas In The Total Amount Of $31,550.00. Funds Are Available In Tropical Storm Harvey Equipment Account No. 147- 2300-901.92-00, Equipment Proposed Resolution No. 20062 was adopted becoming Resolution No. 18-011. (13) P.R. No. 20065 — A Resolution Authorizing The Purchase Of Two (2) Ford F-150 Crew Cab Trucks For The Water Utilities Department - Regulatory Service Division From Silsbee Ford Of Silsbee, Texas In The Amount Of $22,130.00 Each For A Total Of $44,260.00; Funds Are Available In Utility Operations Account No. 625-1801- 532.93-01, Motor Vehicles Proposed Resolution No. 20065 was adopted becoming Resolution No. 18-012. City Council Minutes 4 Regular Meeting —January 16, 2018 (14) P.R. No. 20066 — A Resolution Authorizing The Execution Of A Homebuyer's Written Agreement For The Down Payment Assistance And Closing Fees Associated With The Purchase Of 1100 6th Street, Port Arthur, Texas, Through The City's Homebuyer's Assistance Program Proposed Resolution No. 20066 was adopted becoming Resolution No. 18-013. (15) P.R. No. 20069 — A Resolution Designating And Establishing The Mardi Gras Entertainment Area For 2018, Designating Mardi Gras Of Southeast Texas, Inc. As Exclusive Concessionaire And Authorizing The City Manager To Execute An Agreement With Mardi Gras Of Southeast Texas, Inc. Proposed Resolution No. 20069 was adopted becoming Resolution No. 18-014. (16) P.R. No. 20072 — A Resolution Authorizing The City Manager To Execute A Six Month Agreement Between Warren Claybar And Brandi Hinds Claybar, Landlords, And The City Of Port Arthur, For The Use Of The Facility Located At 7500 Hwy 87, Port Arthur, Texas, With A Projected Budgetary Impact Of $43,788; Charged To Account No. 001-1281-531.51-00 (Public Works Equipment Services Rent) Proposed Resolution No. 20072 was adopted becoming Resolution No. 18-015. (17) P.R. No. 20073 — A Resolution Authorizing The City Manager To Accept The FY 2018 Rifle Resistant Body Armor Grant In The Amount Of $97,500, With No Grant Match Required Proposed Resolution No. 20073 was adopted becoming Resolution No. 18-016. (18) P.R. No. 20076 — A Resolution Authorizing The Execution Of Major Pipeline Permits 17-02 And 17-03 From The City Of Port Arthur To G T Pipeline, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Carbon Steel Pipeline And A Sixteen Inch (16") Carbon Steel Pipeline Within The City Limits Of Port Arthur, Texas Proposed Resolution No. 20076 was adopted becoming Resolution No. 18-017. (19) P.R. No. 20083 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services Between The City Of Port Arthur And Dr. Hani Tohme, P.E., As Interim Director Of Water Utilities To Provide Temporary Contract Services For The City's Water Utilities Department. Funding Available In Water Utilities Account No. 410-1251-532.11-00 Proposed Resolution No. 20083 was adopted becoming Resolution No. 18-018. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (1) P.R. No. 19979 — A Resolution Authorizing The City Manager To Enter Into A Contract With Southern Tire Mart Of Beaumont, Texas, Through The Buyboard Cooperative Purchasing Program, Contract No. 470-14, For The Purchase Of Tires And Tubes, With A Projected Budgetary City Council Minutes Regular Meeting —January 16, 2018 Impact Of $400,000; Funding Available In Departmental Account Numbers Delineated Within The Resolution The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Swati that Proposed Resolution No. 19979 be adopted. Public Works Director Armando Gutierrez appeared before the City Council to answer inquiries regarding the above-mentioned purchasing program. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. The caption of Resolution No. 18-019 reads as follows: RESOLUTION NO. 18-019 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUTHERN TIRE MART OF BEAUMONT, TEXAS, THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM, CONTRACT NO. 470- 14, FOR THE PURCHASE OF TIRES AND TUBES, WITH A PROJECTED BUDGETARY IMPACT OF $400,000; FUNDING AVAILABLE IN DEPARTMENTAL ACCOUNT NUMBERS DELINEATED WITHIN THE RESOLUTION A. Resolutions (2) P.R. No. 20085 — A Resolution Confirming The Appointments Of Cal Rutherford, Mary Ann Reid, And Graciela Alvarez As Members Of The Civil Service Commission Of The City Of Port Arthur The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and carried, Proposed Resolution No. 20085 was adopted becoming Resolution No. 18-020. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. The caption of Resolution No. 18-020 reads as follows: RESOLUTION NO. 18-020 A RESOLUTION CONFIRMING THE APPOINTMENTS OF CAL RUTHERFORD, MARY ANN REID, AND GRACIELA ALVAREZ AS MEMBERS OF THE CIVIL SERVICE COMMISSION OF THE CITY OF PORT ARTHUR B. Ordinances (2) P.O. No. 6669 — An Ordinance Amending Article III (Electrical Code) Of Chapter 18 (Buildings), Section 18-72 With Regard To The Definition Of One Or Two Family Dwelling Unit Electrician (Residential Wireman) Of The City Council Minutes Regular Meeting — January 16, 2018 Code Of Ordinances Of The City Of Port Arthur; Providing A Penalty For Violations By Fine Not Exceeding Five Hundred Dollars, As Provided In Section 18-81 Of This Code Or As May Be Otherwise Imposed By State Law; Providing A Savings Clause; And Providing For Publication And An Effective Date Immediately After Publication. (Requested By Councilmember Lewis) The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Doucet, seconded by Councilmember Swati and carried, Proposed Ordinance No. 6669 was adopted becoming Ordinance No. 18-01. Voting Yes: Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet and Lewis. Voting No: Mayor Freeman; Councilmembers Swati and Moses. The caption of Ordinance No. 18-01 reads as follows: ORDINANCE NO. 18-01 AN ORDINANCE AMENDING ARTICLE III (ELECTRICAL CODE) OF CHAPTER 18 (BUILDINGS), SECTION 18-72 WITH REGARD TO THE DEFINITION OF ONE OR TWO FAMILY DWELLING UNIT ELECTRICIAN (RESIDENTIAL WIREMAN) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR; PROVIDING A PENALTY FOR VIOLATIONS BY FINE NOT EXCEEDING FIVE HUNDRED DOLLARS, AS PROVIDED IN SECTION 18-81 OF THIS CODE OR AS MAY BE OTHERWISE IMPOSED BY STATE LAW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION. (REQUESTED BY COUNCILMEMBER LEWIS) (1) P.O. No. 6668 — An Ordinance Adding To Chapter 14, Boards, Authorities, Commissions And Committees, Article XXIII - Port Arthur Electrical Advisory Board To The Code Of Ordinances Creating Said Board, Establishing Membership Criteria, Terms Of Office, And Delineating Duties Of Said Board (Requested By Councilmember Lewis) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Lewis that Proposed Ordinance No. 6668 be adopted. The motion was made by Mayor Pro Tern Jones and seconded by Councilmember Doucet that Proposed Ordinance No. 6668 be amended to reflect five (5) members. Upon the motion of Councilmember Doucet, seconded by Councilmember Swati and carried, Proposed Ordinance No. 6668 was tabled. Voting Yes: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. City Council Minutes 7 Regular Meeting —January 16, 2018 (3) P.O. No. 6674 — An Ordinance Amending Ordinance Number 98-04, Which Established The Construction Board Of Adjustment And Appeals The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Ordinance No. 6674 was adopted becoming Ordinance No. 18-02. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. The caption of Ordinance No. 18-02 reads as follows: ORDINANCE NO. 18-02 AN ORDINANCE AMENDING ORDINANCE NUMBER 98-04, WHICH ESTABLISHED THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (4) P.O. No. 6675 — An Ordinance Amending Chapter 14, Article VII (Construction Board Of Adjustments And Appeals) Sections 14- 211 (Created) And 14-212 (Membership) Of The Code Of Ordinances Of The City Of Port Arthur The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried Proposed Ordinance No. 6675 was adopted becoming Ordinance No. 18-03. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. The caption of Ordinance No. 18-03 reads as follows: ORDINANCE NO. 18-03 AN ORDINANCE AMENDING CHAPTER 14, ARTICLE VII (CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS) SECTIONS 14- 211 (CREATED) AND 14-212 (MEMBERSHIP) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR (5) P.O. No. 6676 — An Ordinance Amending Ordinance No. 17- 49 As It Pertains To The Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Firefighters Local 397 The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Swati and carried, Proposed Ordinance No. 6676 was adopted becoming Ordinance No. 18-04. The caption of Ordinance No. 18-04 reads as follows: City Council Minutes 8 Regular Meeting —January 16, 2018 ORDINANCE NO. 18-04 AN ORDINANCE AMENDING ORDINANCE NO. 17-49 AS IT PERTAINS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 397 VIII. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Zeo Gas) (Requested by Councilmember Lewis) (2) Section 551.071 Government Code — To Receive Legal Advice And Consultation With The City Attorney Regarding Environmental Issues (3) Section 551.072 Government Code — To Discuss The Value Of The Land As It Pertains To City Owned Property And Legal Issues Related To Easements And Right-Of-Ways (4) Section 551.087 Government Code — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Sempra Energy) (5) Section 551.071 Government Code — To Discuss With The City Attorney Pending Litigation Regarding Civil Action No. 1:18CV-11, Olga Delacruz And Marco Delacruz, Individually And As Representative Of The Estate Of Manual Delacruz Vs. City Of Port Arthur, Port Arthur Police Department, Officer Lane Cherry, In His Official Capacity, Unknown Officers, The Medical Center Of Southeast Texas, L.P. D/B/A The Medical Center Of Southeast Texas, L.P. The City Council recessed their meeting at 10:35 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 10:54 a.m. with the following members present: Mayor Freeman; Mayor Pro Tem Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses; Interim City Manager Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Patrick Melvin. VII. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.R. No. 20074 — A Resolution Authorizing The Execution Of Major Pipeline Permit 17-01 From The City Of Port Arthur To Florida Gas Transmission Company, L.L.C. Of Houston, Texas For The Installation Of A Sixteen Inch (16") Natural Gas Pipeline Within The City Limits Of Port Arthur, Texas The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Scott, seconded by Councilmember Swati and carried, Proposed Resolution No. 20074 was adopted becoming Resolution No. 18-021. Voting Yes: Mayor Freeman; Mayor Pro Tern Jones; Councilmembers Scott, Kinlaw, Doucet, Lewis, Swati and Moses. Voting No: None. The caption of Resolution No. 18-021 reads as follows: City Council Minutes 9 Regular Meeting —January 16, 2018 RESOLUTION NO. 18-021 A RESOLUTION AUTHORIZING THE EXECUTION OF MAJOR PIPELINE PERMIT 17-01 FROM THE CITY OF PORT ARTHUR TO FLORIDA GAS TRANSMISSION COMPANY, L.L.C. OF HOUSTON, TEXAS FOR THE INSTALLATION OF A SIXTEEN INCH (16") NATURAL GAS PIPELINE WITHIN THE CITY LIMITS OF PORT ARTHUR, TEXAS IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember , seconded by Councilmember and carried unanimously, the City Council adjourned their meeting a.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR DERRICK FREEMAN ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD APPROVED City Council Minutes 10 Regular Meeting —January 16, 2018