HomeMy WebLinkAbout(02) JUNE 5, 2018 REGULAR MEETING REGULAR MEETING — June 5, 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, June 5,
2018 at 8:33 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Derrick Freeman; Mayor Pro Tem Thomas Kinlaw, III.; Councilmembers
Raymond Scott, Jr., Cal Jones and Harold Doucet; Interim City Manager Harvey
Robinson, City Secretary Sherri Bellard, City Attorney Valecia R. Tizeno, and Sergeant At
Arms Acting Chief of Police John Owens.
Councilmember Charlotte Moses joined the Regular Meeting at 8:41 a.m.
Councilmember Kaprina Frank was absent from the Regular Meeting.
II. PROCLAMATIONS
Proclamations
The Mayor issued the following Proclamations
June 2018 as "Men's Health Month"
June 5, 2018 as "Gift of Life Program's Men's Health Awareness
Day"
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Greg Richard Regarding Forensic Audit Status
Greg Richard, 509 H.O. Mills Blvd., appeared before the City Council to discuss the
above-mentioned topic.
B. Presentations
(1) A Presentation By Christopher Breaux, Partner
With Independent Audit Firm, Whitley Penn, Regarding The
2017 Comprehensive Annual Financial Report
CPA Christopher Breaux gave the above-mentioned presentation.
(2) A Presentation By Robert Havens Regarding Emergency
Management Training
Deputy Fire Chief Robert Havens and Acting Police Chief John Owens gave the above-
mentioned presentation.
(3) A Presentation By Staff To Update The Status Of Equipment
Damage From Hurricane Harvey
Assistant to the City Manager Rebecca Underhill gave the above-mentioned
presentation.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
(3) P.R. No. 20283 — A Resolution Authorizing The Mayor Of
The City Of Port Arthur To Execute A Memorandum Of
Understanding With Motiva Enterprises, LLC To Accept A
Donation Totaling $1.15 Million To Be Used To Purchase
Equipment For Drainage And Water Utilities Hurricane
Recovery And Mitigation Activities
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Jones and seconded by Councilmember
Moses that Proposed Resolution No. 20283 be adopted.
Assistant to the City Manager Rebecca Underhill appeared before the City Council to
introduce Proposed Resolution 20283.
The Mayor recognized the follow Motiva personnel and conveyed the Council's
appreciation for their commitment in bringing the above-mentioned donation to fruition:
Greg Lucchesi, Motiva Port Arthur Refinery General Manager
Ed Haloulos, Motiva Corporate HR Director
Lee Poulter, Motiva Port Arthur Refinery HR Manager
Kammy Reece Motiva Corporate Communications Manager
Amy Mifflin, Motiva Corporate Responsibility (CSR) Advisor
Arlene LeBlanc Motiva Port Arthur Refinery CSR Advisor
Verna Rutherford Motiva Port Arthur Refinery Communications Manager
Sabrina Cox, Director of HSSE
Motiva Corporate HR Director Ed Haloulos appeared before the City Council to thank
them for the commendations regarding Motiva's support during Hurricane Harvey
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet and Moses.
Voting No: None.
Proposed Resolution No. 20283 was adopted becoming Resolution No. 18-220
The caption of Resolution No. 18-220 reads as follows:
RESOLUTION NO. 18-220
A RESOLUTION AUTHORIZING THE MAYOR OF THE
CITY OF PORT ARTHUR TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH MOTIVA
ENTERPRISES, LLC TO ACCEPT A DONATION
TOTALING $1.15 MILLION TO BE USED TO
PURCHASE EQUIPMENT FOR DRAINAGE AND WATER
UTILITIES HURRICANE RECOVERY AND MITIGATION
ACTIVITIES
III. PETITIONS & COMMUNICATIONS
C. Employee Recognition - None
D. Correspondence - None
E. Discussion - None
IV, PUBLIC HEARINGS — 9:00 AM - None
V. UNFINISHED BUSINESS - None
VI. CONSENT AGENDA
Upon the motion of Councilmember Moses, seconded by Mayor Pro Tem Kinlaw and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 20286:
City Council Minutes
Regular Meeting —June 5, 2018
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet and Moses.
Voting No: None.
A. Expense Reports — None
B. Minutes
May 22, 2018 Special Executive Meeting
May 22, 2018 Regular Meeting
C. Resolutions
(1) P.R. No. 20262 — A Resolution Authorizing The City
Manager To Purchase The Library Furniture/Shelving For
The Library From Educator's Depot Of Sugar Land, Texas,
Through The Texas Buyboard Cooperating Purchasing
Contract No. 503-16, With The Projected Budgetary Impact
Amount Of $649,973.48. Funds Are Available In Hurricane
Harvey Account No. 147-2300-901.91-00, Project No.
082617
Proposed Resolution No. 20262 was adopted becoming Resolution No. 18-221.
(2) P.R. No. 20276 — A Resolution Authorizing The Repairs To
Unit No. 1628, D7R Caterpillar Dozer, For The Public Works
Department Landfill Division From Mustang CAT Of
Beaumont, Texas, In An Estimated Amount Of $28,213.25.
Funds Are Available In The Public Works Department
Landfill Division — Vehicle Maintenance Account No. 403-
1274-533.43-00
Proposed Resolution No. 20276 was adopted becoming Resolution No. 18-222.
(3) P.R. No. 20281 — A Resolution Authorizing The Ratification
Of The Emergency Repairs To The Sewer Main Located On
Jimmy Johnson Boulevard For The Utilities Operations
Department By Allco, LLC Of Beaumont, Texas, With A
Budgetary Impact Of $51,066.08, Account No. 410-1255-
532.33-00, Sewer System Maintenance
Proposed Resolution No. 20281 was adopted becoming Resolution No. 18-223.
(4) P.R. No. 20282 — A Resolution Authorizing The Ratification
Of The Emergency Repairs To The Main Line Lift Station
Force Main For The Utilities Operations Department By
Allco, LLC Of Beaumont Texas, With A Projected Budgetary
Impact Of $37,363.07, Account No. 410-1255-532.33-00,
Sewer System Maintenance
Proposed Resolution No. 20282 was adopted becoming Resolution No. 18-224.
(5) P.R. No. 20284 — A Resolution Authorizing The City
Manager To Execute Settlement Of A Physical Damage
Claim In The Amount Of $7,013.69 Made Against Texas
Municipal League Intergovernmental Risk Pool (TMLIRP)
As A Result Of Property Damage To Police Vehicle #2071
Proposed Resolution No. 20284 was adopted becoming Resolution No. 18-225.
(6) P.R. No. 20285 — A Resolution Authorizing The City
Manager To Execute A Consulting Contract With RWL
Group For Consulting Services Regarding Property
City Council Minutes
Regular Meeting —June 5, 2018
Insurance Claims Arising Out Of Hurricane Harvey With A
Projected Budgetary Impact Amount Of $15,400.00 Funds
Are Available In Account No. 147-2300-901.54-00
Proposed Resolution No. 20285 was adopted becoming Resolution No. 18-226.
(8) P.R. No. 20288 — A Resolution Awarding A Contract To
Inland Environments, LTD, Kingwood, Texas, In The
Amount Of $102,940.00 And Authorizing The Execution Of
A Contract For Asbestos/Lead Abatement And Demolition
Of Eleven (11) Dangerous Commercial Property Located
Throughout The City, $84,360.00 To Be Charged To
Account No. 001-1052-517.59-00, Development
Services/Other Contractual Service; And $18,850.00 To Be
Charged To 001-1053-517.59-00 Development
Services/Other Contractual Services
Proposed Resolution No. 20288 was adopted becoming Resolution No. 18-227.
(9) P.R. No. 20289 — A Resolution Accepting Ingress/Egress
Easements From The Port Of Port Arthur Navigation District
Of Jefferson County, Texas, For The Construction,
Installation, Laying, And Maintaining Of Utilities On Their
Property Located At Houston Avenue, Port Arthur, Texas
Proposed Resolution No. 20289 was adopted becoming Resolution No. 18-228.
(10) P.R. No. 20290 — A Resolution Accepting A Utility Easement
From The Port Of Port Arthur Navigation District Of
Jefferson County, Texas, For The Construction, Installation,
Laying, And Maintaining Of Utilities On Their Property
Located At Houston Avenue, Port Arthur, Texas
Proposed Resolution No. 20290 was adopted becoming Resolution No. 18-229.
(11) P.R. No. 20291 — A Resolution Authorizing The Execution
Of An Interlocal Agreement Between The City Of Port
Arthur And Southeast Texas Workforce Development, For
Assistance With The Clean-Up Process As A Result Of
Hurricane Harvey
Proposed Resolution No. 20291 was adopted becoming Resolution No. 18-230.
(12) P.R. No. 20292 — A Resolution Authorizing The City Manger
To Adopt The 2018 Disaster Recovery And Resiliency Plan
Prepared By J-Quad Planning Group Of Addison, Texas
Proposed Resolution No. 20292 was adopted becoming Resolution No. 18-231.
(13) P.R. No. 20293 — A Resolution Awarding The Mold
Remediation Of Water Service Center To Action Restoration
Of Port Arthur Through Tips/Taps Cooperative Contract
With The Projected Budgetary Impact Amount Of
$53,050.50. Funding From Proceeds Received From
Insurance (Account No. 147-2300-901.32-00 Project No.
082617) Emergency Management Fund
Proposed Resolution No. 20293 was adopted becoming Resolution No. 18-232.
(14) P.R. No. 20294 — A Resolution Awarding A Contract For
Mold Remediation Of The Operation Center To Action
Restoration, Inc., Of Port Arthur Through Tips/Taps
Cooperative Contract With The Projected Budgetary Impact
Amount Of $101,67350. Funding Is Available In Account
City Council Minutes
Regular Meeting — June 5, 2018
No. 147-2300-901.32-00 Project No. 082617 (Emergency
Management Fund)
Proposed Resolution No. 20294 was adopted becoming Resolution No. 18-233.
(15) P.R. No. 20295 — A Resolution Awarding A Contract For The
Renovation Of The Water Service Center To SpawGlass
Construction Corp Of Beaumont, Texas Through BuyBoard
Cooperative Contract #520-16 EZ1QC With A Projected
Budgetary Impact Of $236,794.95. Funding Is Available In
Emergency Management Fund (Account No. 147-2300-
9010.32-00, Project #082617)
Proposed Resolution No. 20295 was adopted becoming Resolution No. 18-234.
(16) P.R. No. 20296 — A Resolution Authorizing The City
Manager To Execute An Agreement With 3-Quad Planning
Group Of Addison, Texas For The Development Of A 5-Year
Consolidated Plan Including Analysis Of Impediments Of
Fair Housing - Assessment Of Fair Housing, Market Study,
And Site And Neighborhood Standards With A Projected
Budgetary Impact Of $55,520.00; Funding Is Available In
Community Development Block Grant Account No. 105-
1431-552.54-00 Project No. C43122 And Account No. 001-
1053- 517.54-00
Proposed Resolution No. 20296 was adopted becoming Resolution No. 18-235.
(17) P.R. No. 20297 — A Resolution Authorizing The Execution
Of An Interlocal Cooperation Agreement Between The City
Of Port Arthur And Walker County, Texas In The City Of
Huntsville For Short-Term Shelter During An Emergency
Evacuation
Proposed Resolution No. 20297 was adopted becoming Resolution No. 18-236.
(18) P.R. No. 20298 — A Resolution Authorizing The Adoption Of
The City Of Port Arthur Downtown Target Area Housing
Plan Prepared By 3-Quad Planning Group Of Addison, Texas
Proposed Resolution No. 20298 was adopted becoming Resolution No. 18-237.
(19) P.R. No. 20301 — A Resolution Authorizing The City Of Port
Arthur To Accept A Payment In The Amount Of
$642,304.00 From Texas Municipal League
Intergovernmental Risk Pool (TMLIRP) As A Result Of The
Damages To The Roof, Auditorium Seating And Kitchen
Equipment Items At The Bob Bowers Civic Center As A
Result Of Hurricane Harvey
Proposed Resolution No. 20301 was adopted becoming Resolution No. 18-238.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolutions
(7) P.R. No. 20286 — A Resolution Rescinding Resolution
Number 18-196 In Its Entirety, Which Authorized The
Execution Of A Community Development Block Grant
(CDBG) Contract Between The City Of Port Arthur And
Tender Loving Care Center For Children DBA Legacy
Community Development Corporation In The Total Amount
Of $22,480.00 For Housing Counseling Services
City Council Minutes
Regular Meeting —June 5, 2018
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and
carried, Proposed Resolution No. 20286 was adopted becoming Resolution No. 18-239.
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones,
Doucet and Moses.
Voting No: None.
The caption of Resolution No. 18-239 reads as follows:
RESOLUTION NO. 18-239
A RESOLUTION RESCINDING RESOLUTION
NUMBER 18-196 IN ITS ENTIRETY, WHICH
AUTHORIZED THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND TENDER LOVING CARE
CENTER FOR CHILDREN DBA LEGACY
COMMUNITY DEVELOPMENT CORPORATION IN
THE TOTAL AMOUNT OF $22,480.00 FOR
HOUSING COUNSELING SERVICES
B. Ordinances
(1) P.O. No. 6672 — An Ordinance Of The City Of Port Arthur,
Texas, Closing, Vacating, Abandoning And Conveying
Portions Of The Houston Avenue, Lakeshore Drive, Railroad
Avenue, And Fourth Street Within The City Of Port Arthur;
Authorizing The City Manager To Execute A Deed Without
Warranty; Providing That This Ordinance Shall Be
Cumulative; Repealing All Ordinances To The Extent They
Are In Conflict; Providing For Severability; And Providing
Findings Of Fact. A16-03 (Port Of Port Arthur)
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Moses, seconded by Councilmember Doucet and
carried, Proposed Ordinance No. 6672 was adopted becoming Ordinance No. 18-30.
Voting Yes: Mayor Freeman; Councilmembers Scott, Jones, Doucet and Moses.
Voting No: None.
The caption of Ordinance No. 18-30 reads as follows:
ORDINANCE NO. 18-30
AN ORDINANCE OF THE CITY OF PORT
ARTHUR, TEXAS, CLOSING, VACATING,
ABANDONING AND CONVEYING PORTIONS OF
THE HOUSTON AVENUE, LAKESHORE DRIVE,
RAILROAD AVENUE, AND FOURTH STREET
WITHIN THE CITY OF PORT ARTHUR;
AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED WITHOUT WARRANTY;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; REPEALING ALL ORDINANCES
TO THE EXTENT THEY ARE IN CONFLICT;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FINDINGS OF FACT. A16-03 (PORT
OF PORT ARTHUR)
City Council Minutes
Regular Meeting —June 5, 2018
(2) P.O. No. 6703 — An Ordinance Of The City Of Port Arthur,
Texas, Adopting An Updated Official Map For The City Due
To The Recent Disannexation Of Sempra Energy's Property;
Providing For Maintenance And Filing Of The Official Map;
And Providing For Related Matters
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Scott, seconded by Councilmember Moses and
carried, Proposed Ordinance No. 6703 was adopted becoming Ordinance No. 18-31.
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones,
Doucet and Moses.
Voting No: None.
The caption of Ordinance No. 18-31 reads as follows:
ORDINANCE NO. 18-31
AN ORDINANCE OF THE CITY OF PORT
ARTHUR, TEXAS, ADOPTING AN UPDATED
OFFICIAL MAP FOR THE CITY DUE TO THE
RECENT DISANNEXATION OF SEMPRA
ENERGY'S PROPERTY; PROVIDING FOR
MAINTENANCE AND FILING OF THE OFFICIAL
MAP; AND PROVIDING FOR RELATED MATTERS
(3) P.O. No. 6704 — An Ordinance Authorizing The Retirement
Of Police Canine "Koi" And Transferring The Ownership Of
The Canine To The Personal Care Of Detective Ryan Kidwell
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Mayor Pro Tem Kinlaw, seconded by Councilmember Jones and
carried, Proposed Ordinance No. 6704 was adopted becoming Ordinance No. 18-32.
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones,
Doucet and Moses.
Voting No: None.
The caption of Ordinance No. 18-32 reads as follows:
ORDINANCE NO. 18-32
AN ORDINANCE AUTHORIZING THE
RETIREMENT OF POLICE CANINE "KOI" AND
TRANSFERRING THE OWNERSHIP OF THE
CANINE TO THE PERSONAL CARE OF
DETECTIVE RYAN KIDWELL
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss And
Receive Legal Advice From The City Attorney/Legal Counsel
Regarding A Pending Claim/Potential Litigation (ALLCO,
LLC.)
(2) Section 551.072 Government Code — To Discuss The Value
Of The Land In The City's Extraterritorial Jurisdiction (ETJ)
City Council Minutes
Regular Meeting — June 5, 2018
(3) Section 551.072 Government Code — To Discuss The Value
Of The Land Located At 549 4t" Street
(4) Section 551.072 Government Code — To Discuss The Value
Of Land Located Near Rev. Dr. Ransom Howard Street And
Grannis Avenue
(5) Section 551.072 Government Code — To Discuss The Value
Of Real Property Damaged By Hurricane Harvey
(6) Section 551.087 Government Code — To Discuss And
Conduct Deliberations Regarding Economic Development
Incentive Projects In The Downtown Port Arthur Area
The City Council recessed their meeting at 10:22 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:51 a.m. with
the following members present: Mayor Freeman; Mayor Pro Tern Kinlaw;
Councilmembers Scott, Jones and Moses; Interim City Manager Robinson; City
Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Acting Chief John Owens.
Motion In Open Session
Councilmember Moses read the following motion into the record:
A Motion To Accept And Approve A Mediated Settlement
Agreement Between The City Of Port Arthur And ALLCO, LLC
Regarding A Pending Dispute Related To The Operation And
Functioning Of Water Pumps In The Phase I Of The City Of Port
Arthur's Surface Water Treatment Plant Improvement Project
Upon the motion of Mayor Pro Tern Kinlaw, seconded by Councilmember Jones and
carried, the above-mentioned motion was adopted.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones and
Moses.
Voting No: None.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(2) P.R. No. 20189 — A Resolution Authorizing The City
Manager To Execute Change Order No. 4, To The Contract
Between The City Of Port Arthur And Allco, LLC Of
Beaumont, Texas, For The Project 4, Phase I Surface Water
Treatment Plant Improvements, Which Decreased The
Contract Amount By $153,571.00 To A Total Of
$12,671,698.64 And Increased The Contract Time By 519
Days To A New Completion Dated November 30, 2017.
Account No. 429-1258-532.59-00, Project No. WSI008
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Kinlaw and
carried, Proposed Resolution No. 20189 was adopted becoming Resolution No. 18-240.
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones and
Moses.
Voting No: None.
The caption of Resolution No. 18-240 reads as follows:
City Council Minutes x
Regular Meeting —June 5, 2018
RESOLUTION NO. 18-240
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 4,
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND ALLCO, LLC OF BEAUMONT,
TEXAS, FOR THE PROJECT 4, PHASE I SURFACE
WATER TREATMENT PLANT IMPROVEMENTS,
WHICH DECREASED THE CONTRACT AMOUNT
BY $153,571.00 TO A TOTAL OF
$12,671,698.64 AND INCREASED THE
CONTRACT TIME BY 519 DAYS TO A NEW
COMPLETION DATED NOVEMBER 30, 2017.
ACCOUNT NO. 429-1258-532.59-00, PROJECT
NO. WSI008
(1) P.R. No. 20124 — A Resolution Authorizing Acceptance Of
The Engineer's Certificate Of Completion, Contractor's
Certificate And Release, Contractor's Certificate Of
Guarantee, For Improvements Of The Phase I Surface
Water Treatment Plant And Authorizing The City Manager
To Execute The Certificate Of Acceptance And Approval Of
Final Payment In The Amount Of $316,792.47 From
Account No. 429-1258-532.59-00, Project WSI-008
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses, seconded by Mayor Pro Tem Kinlaw and
carried, Proposed Resolution No. 20124 was adopted becoming Resolution No. 18-241.
The caption of Resolution No. 18-241 reads as follows:
RESOLUTION NO. 18-241
A RESOLUTION AUTHORIZING ACCEPTANCE OF
THE ENGINEER'S CERTIFICATE OF
COMPLETION, CONTRACTOR'S CERTIFICATE
AND RELEASE, CONTRACTOR'S CERTIFICATE
OF GUARANTEE, FOR IMPROVEMENTS OF THE
PHASE I SURFACE WATER TREATMENT PLANT
AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CERTIFICATE OF ACCEPTANCE
AND APPROVAL OF FINAL PAYMENT IN THE
AMOUNT OF $316,792.47 FROM ACCOUNT NO.
429-1258-532.59-00, PROJECT WSI-008
IX. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tem Kinlaw, seconded by Councilmember Moses and
carried unanimously, the City Council adjourned their meeting 11:54 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 June 5, 2018
APPROVED .•
_
City Council Minutes
Regular Meeting — June 5, 2018