HomeMy WebLinkAbout(1) DECEMBER 18, 2018 REGULAR MEETING REGULAR MEETING — December 18, 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,
December 18, 2018 at 8:32 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Derrick Freeman; Mayor Pro Tern Thomas Kinlaw,
III.; Councilmembers Raymond Scott, Jr., Cal Jones, Harold Doucet, Charlotte M. Moses
and Kaprina Frank; Interim City Manager Harvey Robinson, City Secretary Sherri
Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Tim
Duriso.
II. PROCLAMATIONS
Proclamations
The Mayor issued the following Proclamations
December 18, 2018 as " Judge Donald J. Floyd Day"
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Michael Hargis, Consultant For The Golden Triangle
Empowerment Center Regarding Free Workforce Training
Program
Not present.
The City Council recessed their meeting at 8:52 a.m. and reconvened their meeting at
9:06 a.m. with the following members present: Mayor Freeman; Mayor Pro Tem
Kinlaw; Councilmembers Scott, Jones, Doucet, Moses and Frank; Interim City Manager
Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief
Duriso.
B. Presentations
(2) A Presentation By Finance Director Andrew Vasquez
Regarding The October 2018 Monthly Financial Report
Finance Director Andrew Vasquez gave the above-mentioned presentation.
(3) A Presentation By Staff Regarding The Babe Zaharias Golf
Course Drainage Project
City Engineer Alberto Elefano gave the above-mentioned presentation.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
Consent Resolution
(21) P.R. No. 20620 — A Resolution Authorizing The City
Manager To Enter Into An Agreement With Brystar
Contracting, Inc., Of Beaumont, Texas To Provide 5800 LF
Of Ditchline Clearing In The Stonegate Area In The Amount
Of $33,900.00. Funds Are Available In The Public Works
Department, Drainage Division Account No. 001-1204-
531.34-00
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Moses and seconded by Councilmember Frank and
carried, Proposed Resolution No. 20620 was adopted becoming Resolution No. 18-521.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
The caption of Resolution No. 18-521 reads as follows:
RESOLUTION NO. 18-521
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH BRYSTAR CONTRACTING, INC., OF
BEAUMONT, TEXAS TO PROVIDE 5800 LF OF
DITCHLINE CLEARING IN THE STONEGATE
AREA IN THE AMOUNT OF $33,900.00. FUNDS
ARE AVAILABLE IN THE PUBLIC WORKS
DEPARTMENT, DRAINAGE DIVISION ACCOUNT
NO. 001-1204-531.34-00
III. PETITIONS & COMMUNICATIONS
B. Presentations
(1) A Presentation By Dean Harryman Regarding Viking
Ambulance Service (Requested By Councilmember Jones)
Dean Harryman gave the above-mentioned presentation.
Fire Chief Larry Richard appeared before the City Council to answer inquiries regarding the
above-mentioned topic.
(4) Presentation By Ronnie Moon Regarding Pleasure Island
Update (Requested By Councilmember Jones)
Ronnie Moon gave the above-mentioned presentation.
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 Frank, seconded by Mayor Pro Tern Kinlaw and
carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 20471:
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
A. Travel Request — None
City Council Minutes 2
Regular Meeting — December 18, 2018
B. Expense Reports
(B1) Mayor Derrick Freeman:
National League Of Cities / City Summit
Los Angeles, CA
November 6 — 11, 2018 $3,245.95
C. Minutes
November 20, 2018 Regular Meeting
December 4, 2018 Special Executive Meeting
December 4, 2018 Regular Meeting
D. Resolutions
(1) P.R. No. 20424 — A Resolution Ratifying The Emergency
Repair Of An Alfa Laval Centrifuge By Andritz Separation,
Of Pittsburg, Texas In The Amount Of $51,450.00, Account
No. 410-1252-532.42-00 (Equipment Maintenance)
Proposed Resolution No. 20424 was adopted becoming Resolution No. 18-522.
(2) P.R. No. 20445 — A Resolution Approving A Training
Agreement Between The City Of Port Arthur Section 4A
Economic Development Corporation And Lamar State
College Port Arthur For Tuition Reimbursement For Five (5)
Port Arthur Resident High School Graduates Attending A
Two-Year Associate Degree Program. EDC Account No.
120-1429-582.59-07
Proposed Resolution No. 20445 was adopted becoming Resolution No. 18-523.
(4) P.R. No. 20546 — A Resolution Ratifying Emergency Repairs
To Unit Number 2120 Residential Collections Garbage
Truck, For Public Works Department, Solid Waste Division
From Vanguard Truck Center Of Houston, Texas, In The
Total Amount Of $41,695.94. Funding Is Available In
Emergency Management Account Number 147-2300-
901.43-00, Project Number 082617
Proposed Resolution No. 20546 was adopted becoming Resolution No. 18-524.
(5) P.R. No. 20590 — A Resolution Authorizing The City
Manager To Execute Change Order No. 02 To The Contract
Between The City Of Port Arthur And Oldcastle Materials
Texas, Inc. Of Beaumont, Texas For The West 8th Street
Roadway Pavement Rehabilitation Project, Increasing The
Contract Amount By $83,085.64 To A New Contract
Amount Of $1,282,034.64, Funding Is Available In GLO
Round 2.2 Program, Project No. I22W8, Account No. 145-
1201-532.59-00, $531,215.00 And Project No. I22W8,
Capital Improvements Account 307-1601-591.86.00,
$750,819.64
Proposed Resolution No. 20590 was adopted becoming Resolution No. 18-525.
(6) P.R. No. 20594 — A Resolution Authorizing Acceptance Of
The Engineer's Certificate Of Completion, Contractor's
Affidavit Of Payments Of Debts And Claims, Contractor's
Certificate And Release, Contractor's Certificate Of
Guarantee For The Storm Sewer Improvements Along
Woodworth Boulevard And Authorizing The City Manager
To Sign The Certificate Of Acceptance On Behalf Of The City
Of Port Arthur, Texas; And Approval Of Final Payment To
City Council Minutes 3
Regular Meeting — December 18, 2018
Norman Highway Constructors Of Orange, Texas In The
Amount Of $37,488.26 From The GLO Round 2.2 Program,
Account No. 145-1201-532.59-00 And Release Of
Retainage In The Amount Of $59,349.94
Proposed Resolution No. 20594 was adopted becoming Resolution No. 18-526
(7) P.R. No. 20595 — A Resolution Authorizing The Second
Renewal, Final Year Of An Annual Contract With Double W.
Services, L.L.C., Of Meridian, Texas For The Repair And
Refurbishing Of Refuse Containers With A Projected
Budgetary Impact In The Amount Of $50,000.00; Funds
Are Available In The Public Works Department Solid Waste
Container Service Division — Other Contractual Services
Account No. 403-1273-553.59-00
Proposed Resolution No. 20595 was adopted becoming Resolution No. 18-527.
(8) P.R. No. 20597 — A Resolution Ratifying Additional
Emergency Repairs To Unit Number 1924, A 2012 Street
Sweeper, For Public Works, Drainage Division From
Beaumont Freightliner, Beaumont, Texas In The Amount Of
$19,895.39. Funding Is Available In Emergency
Management Account Number 147-2300-901.42-00,
Project Number 082617
Proposed Resolution No. 20597 was adopted becoming Resolution No. 18-528.
(9) P.R. No. 20599 — A Resolution Authorizing The City
Manager To Negotiate A Contract With Huitt-Zollars Of
Houston, Texas For Engineering And Design Services For
The Building Expansion And Charging Infrastructure
Located At 320 Dallas Avenue, Port Arthur, Texas. Funding
Is Available In Account 401-1509-561.82-00
Proposed Resolution No. 20599 was adopted becoming Resolution No. 18-529.
(10) P.R. No. 20600 — A Resolution Rescinding Resolution No.
18-448 In Its Entirety, Which Authorized The Purchase Of
A Fusion Machine For The Water Utilities Department From
Technology International Of Lake Mary, Florida In The
Amount Of $80,770.00, And Authorizing The Purchase Of A
Fusion Machine From Secor Of Houston, Texas, In The
Amount Of $73,472.77; Funding Available In The Water
Utilities Account No. 625-1801-532.92-01, Equipment
Proposed Resolution No. 20600 was adopted becoming Resolution No. 18-530.
(11) P.R. No. 20601 — A Resolution Authorizing The Purchase Of
HDPE Pipe For The Water Utilities Department From Rural
Pipe & Supply Of Jasper, Texas, For The Total Amount Of
$116,850.00; Funds Are Available In Water Utilities
Account No. 410-1255-532.33-00, Sewer System
Maintenance
Proposed Resolution No. 20601 was adopted becoming Resolution No. 18-531.
(12) P.R. No. 20602 — A Resolution Awarding A Bid And
Authorizing The City Manager To Execute A Contract
Between LD Construction Of Beaumont, Texas And The City
Of Port Arthur, Texas For The Reclamation And Road
Resurfacing Projects For Marshall Avenue (10th Street
South To Gulfway Drive North); 5th Street (Williams Ave.
West To Duff Drive East); 42nd Street (9th Avenue West To
City Council Minutes
Regular Meeting — December 18, 2018
Wentworth Avenue East); 3rd Avenue (32nd Street South
To 35th Street); And 54th Street (Garnett Avenue West To
W. Port Arthur Road East); Funding Is Available In Capital
Projects-Streets Account No. 307-1601-591.86-00 In The
Amount Of $379,445.00 And The Streets/Street
Maintenance Projects EDC Account 307-1601-591.86-01 In
The Amount Of $191,438.50, With A Total Contract Price Of
$570,883.50
Proposed Resolution No. 20602 was adopted becoming Resolution No. 18532.
(13) P.R. No. 20603 — A Resolution Authorizing The Director Of
Pleasure Island To Serve As The Designated Signatory For
All Future Pleasure Island Marina Boat Slip Rental Lease
Agreement And Ratifying All Previous Lease Agreement
Executed By The Department Of Pleasure Island
Proposed Resolution No. 20603 was adopted becoming Resolution No. 18-533.
(14) P.R. No. 20610 — A Resolution Authorizing Acceptance Of
The Engineer's Certificate Of Completion, Contractor's
Affidavit Of Payments Of Debts And Claims, Contractor's
Certificate And Release, Contractor's Certificate Of
Guarantee For The City Street Improvements Along
Bluebonnet Avenue And Authorizing The City Manager To
Sign The Certificate Of Acceptance On Behalf Of The City Of
Port Arthur, Texas; And Approval Of Final Payment To
Excavation & Construction, LLC Of Port Arthur, Texas In
The Amount Of $44,259.95 From The Capital
Improvements Account, Account No. 307-1601-591.86-00
And Release Of Retainage In The Amount Of $65,059.09
Proposed Resolution No. 20610 was adopted becoming Resolution No. 18-534.
(15) P.R. No. 20611 — A Resolution Authorizing The
Procurement Of Parts For Repairs To Unit Number 1896, A
2012 Caterpillar Dozer, For Public Works Department,
Landfill Division From Mustang CAT Of Beaumont, Texas, In
The Amount Of $30,686.18. Funding Is Available In Solid
Waste Landfill Account No. 403-1274-533-43.00
Proposed Resolution No. 20611 was adopted becoming Resolution No. 18-535.
(16) P.R. No. 20613 — A Resolution Authorizing The City
Manager To Execute An Agreement With Traylor And
Associates, Inc., For The Administration Of The Community
Development Block Grant Disaster Recovery — Hurricane
Harvey Infrastructure Program In An Amount Not To
Exceed $632,500.00; Account #148-2300-901-59.00
Proposed Resolution No. 20613 was adopted becoming Resolution No. 18-536.
(17) P.R. No. 20614 — A Resolution Authorizing The City
Manager To Prepare A Request For Proposals In Order To
Facilitate The Sale Of Real Property Located At Port Plaza
Drive And Medical Center Boulevard Pursuant To Section
252.008 Of The Texas Local Government Code
Proposed Resolution No. 20614 was adopted becoming Resolution No. 18-537.
(18) P.R. No. 20615 — A Resolution Authorizing The City
Manager To Enter Into A Municipal Water Supply Contract
With The Lower Neches Valley Authority
City Council Minutes
Regular Meeting — December 18, 2018
Proposed Resolution No. 20615 was adopted becoming Resolution No. 18-538.
(19) P.R. No. 20616 — A Resolution Authorizing The Second And
Final Year Renewal Of Contract For The Purchase Of Water
And Wastewater Treatment Chemicals For The Water
Utilities Department With Shrieve Chemical Co., Brenntag
Southwest, Inc., DXI Industries, Inc., Pencco, Inc., And
Shannon Chemical Corp. With A Projected Budgetary
Impact Of $396,559.50. Budgeted Funds Are Available In
The Water Purification And Wastewater Treatment
Divisions Account Nos. 410-1252-532.29-02 & 410-1256-
532.29-02, Treatment Chemicals
Proposed Resolution No. 20616 was adopted becoming Resolution No. 18-539.
(20) P.R. No. 20618 — A Resolution Authorizing The City
Manager To Execute Change Order No. 01 To The Contract
Between The City Of Port Arthur And Excavation And
Construction LLC Of Port Arthur, Texas, Increasing The
Contract Amount By $50,062.65 To A New Contract
Amount Of $303,449.52 And Authorizing Acceptance Of
The Engineer's, Certificate Of Completion, The Contractor's
Certificate Of Guarantee, Contractor's Affidavit Of
Payments Of Debts And Claims, Contractor's Affidavit Of
Release And Execute The Certificate Of Acceptance And
Release The Retainage In The Amount Of $15,172.48 For
The EDC Water Main Project Along 5th, 6th And 7th Street
Between Atlanta Avenue And Nashville Avenue; Funding Is
Available In EDC Account No. 120-1429-582.59-05, Other
Contractual Services/4B Development
Proposed Resolution No. 20618 was adopted becoming Resolution No. 18-540.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
Consent - Resolutions
(3) P.R. No. 20471 — A Resolution Approving The Asset
Relocation Agreement With Port Arthur LNG Holdings, LLC
And The City Of Port Arthur For The Purpose Of Relocating
Existing Water Distribution Lines To New Utility Easements
Within Their Property For Future Development
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Resolution No. 20471 was tabled.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
B. Ordinances
(1) P.O. No. 6744 — An Ordinance Amending Chapter 86 (Solid
Waste), Article III (Refuse), Section 79 (Who May Collect
And Dispose Of Refuse) And Chapter 110 (Utilities), Article
IV (Billing And Collection Procedure), Section 252
(Authority To Require Advance Payment Before
Connecting), Of The Code Of Ordinances Of The City Of Port
Arthur, As It Pertains To Security Deposits For Landfill And
Water Accounts For Residential And Commercial
Customers, And Providing For Publication
City Council Minutes 6
Regular Meeting — December 18, 2018
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Ordinance No. 6744 was adopted becoming Ordinance No. 18-74.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
The caption of Ordinance No. 18-74 reads as follows:
ORDINANCE NO. 18-74
AN ORDINANCE AMENDING CHAPTER 86
(SOLID WASTE), ARTICLE III (REFUSE),
SECTION 79 (WHO MAY COLLECT AND
DISPOSE OF REFUSE) AND CHAPTER 110
(UTILITIES), ARTICLE IV (BILLING AND
COLLECTION PROCEDURE), SECTION 252
(AUTHORITY TO REQUIRE ADVANCE PAYMENT
BEFORE CONNECTING), OF THE CODE OF
ORDINANCES OF THE CITY OF PORT ARTHUR,
AS IT PERTAINS TO SECURITY DEPOSITS FOR
LANDFILL AND WATER ACCOUNTS FOR
RESIDENTIAL AND COMMERCIAL CUSTOMERS,
AND PROVIDING FOR PUBLICATION
(2) P.O. No. 6745 — An Ordinance Authorizing The Sale Of
Surplus Furniture/Minor Equipment, Vehicles, Equipment,
Or Heavy Equipment By A Public Online Auction Through
Rene Bates Auctioneers, Inc.
The Mayor introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Ordinance No. 6745 was adopted becoming Ordinance No. 18-75.
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
The caption of Ordinance No. 18-75 reads as follows:
ORDINANCE NO. 18-75
AN ORDINANCE AUTHORIZING THE SALE OF
SURPLUS FURNITURE/MINOR EQUIPMENT,
VEHICLES, EQUIPMENT, OR HEAVY
EQUIPMENT BY A PUBLIC ONLINE AUCTION
THROUGH RENE BATES AUCTIONEERS, INC.
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code — To Receive Legal
Advice And Consultation With The City Attorney Related To
Pending Contracts, Claims, And Other Legal Matters
City Council Minutes
Regular Meeting — December 18, 2018
(2) Section 551.071 Government Code — To Discuss With The
City Attorney Pending Litigation Regarding Cause No. A-
200903
(3) Section 551.071 Government Code — To Discuss With The
City Attorney Pending Litigation Regarding Cause No. E-
200319; City Of Port Arthur V. German Pellets Texas, LLC
And Texas Pellets, Inc.
(4) Section 551.072 Government Code — To The Discuss The
Value Of Land Located At The Babe Zaharias Golf Course
(5) Section 551.072 Government Code — To Discuss The Value
Of The Land In The City's Extraterritorial Jurisdiction
(6) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The Director of Public Services
(7) Section 551.087 Government Code — To Discuss Economic
Development Incentives In The Industrial District/ET]
(8) Section 551.087 Government Code — To Discuss Incentives
For Commercial, Residential, And/Or Industrial Business
Prospects In The Downtown Area
(9) Section 551.087 Government Code — To Discuss Incentives
For Commercial, Residential, And/Or Industrial Business
Prospects (Joe's Shopping Plaza, LLC)
(10) Section 551.074 Government Code — To Discuss The Duties
And Responsibilities Of The City Manager
The City Council recessed their meeting at 10:01 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:34 p.m. with
the following members present: Mayor Freeman; Mayor Pro Tem Kinlaw;
Councilmembers Scott, Jones, Doucet, Moses and Frank; Interim City Manager
Robinson; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Tim
Duriso.
Motions In Open Session
Councilmember Moses read the following motion into the record:
A Motion To Authorize The Temporary Position Of Director Of
Public Services At Range 654
Upon the motion of Councilmember Doucet, seconded by Councilmember Frank and
carried, the above-mentioned motion was adopted.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
Councilmember Moses read the following motion into the record:
A Motion To Authorize The City Manager And City Attorney To
Execute A Contract With Greenberg Traurig Law Firm For Legal
And Legislative Services In An Amount Not To Exceed $40,000.00
Without Further Authorization Of The City Council
Upon the motion of Councilmember Jones, seconded by Councilmember Moses and
carried, the above-mentioned motion was adopted.
City Council Minutes 8
Regular Meeting — December 18, 2018
Voting Yes: Mayor Freeman; Mayor Pro Tem Kinlaw; Councilmembers Scott, Jones,
Moses and Frank.
Voting No: None.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1) P.R. No. 20606 — A Resolution Approving Amendment No. 1
To The Economic Development Conditional Grant
Agreement Between The City Of Port Arthur Section 4A
Economic Development Corporation And Joe's Shopping
Plaza, LLC
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Frank, seconded by Councilmember Moses and
carried, Proposed Resolution No. 20606 was adopted becoming Resolution No. 18-541.
Voting Yes: Mayor Freeman; Mayor Pro Tern Kinlaw; Councilmembers Scott, Jones,
Doucet, Moses and Frank.
Voting No: None.
The caption of Resolution No. 18-541 reads as follows:
RESOLUTION NO. 18-541
A RESOLUTION APPROVING AMENDMENT NO.
1 TO THE ECONOMIC DEVELOPMENT
CONDITIONAL GRANT AGREEMENT BETWEEN
THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION AND
JOE'S SHOPPING PLAZA, LLC
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Doucet, seconded by Councilmember Jones and
carried unanimously, the City Council adjourned their meeting 11:36 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 December 18, 2018.
APPROVED •
City Council Minutes 9
Regular Meeting — December 18, 2018