HomeMy WebLinkAboutMARCH 4, 2014 REGULAR MEETING REGULAR MEETING — March 4, 2014
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Freeman 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, March 4,
2014 at 8:40 a.m. in the City Council Chamber, City Hall, with the following members
present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Robert E. "Bob" Williamson;
Councilmembers Raymond Scott, Jr., Willie "Bae" Lewis, Jr., Derrick Freeman and Kerry
"Twin" Thomas; Interim City Manager John A. Comeaux, P.E., City Secretary Sherri
Bellard, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark
Blanton.
Councilmember Morris Albright, III attended the Regular Meeting at 8:53 a.m.
Councilmember Elizabeth "Liz" Segler was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations
The Mayor issued the following Proclamations:
March, 2014 as "National Nutrition Month"
March 9 — 15, 2014 as "National Pulmonary Rehabilitation Week"
Minutes
January 21, 2014 Regular Meeting
January 30, 2014 Special Executive Meeting
February 4, 2014 Special Executive Meeting
Upon the motion of Councilmember Thomas, seconded by Councilmember Freeman and
carried, the above - mentioned Minutes were adopted.
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) Finance — Report For 2014 First Quarter
Finance Director Deborah Echols presented the above - mentioned report.
C. Employee Recognition — None
•
D. Correspondence
(1) Letter Of Resignation From Robert Troy
City Secretary Sherri Bellard read the following correspondence into the record:
Robert Troy
5123 Roosevelt Avenue
Port Arthur, Texas 77640 -2363
February 25, 204
Ms. Sherry Bellard
City Secretary
City of Port Arthur
444 4 Street
Port Arthur, Texas 77641
Dear Ms. Sherry Bellard:
It is with regret that I tender my resignation from the City of Port Arthur,
effective immediately.
I am grateful for having had the opportunity to serve on the City Council for the
past nine months, and I offer my best wishes for its continued success.
Sincerely
/s/ Robert Troy
Robert Troy
Councilman — District 4
IV. PUBLIC HEARINGS — 9:00 A.M. - None
V. UNFINISHED BUSINESS
(1) P.R. No. 18180 — A Resolution Pertaining To Request
Submitted By The Law Firm Of Langston Scott Adams
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Mayor Pro Tem
Williamson that Proposed Resolution No. 18180 be removed from the agenda.
The following roll call vote was taken on the motion to remove Proposed Resolution No.
18180:
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18180 was removed from the agenda.
VI. CONSENT AGENDA
Upon the motion of Councilmember Freeman, seconded by Mayor Pro Tem Williamson
that the following Consent Agenda items were adopted with the exception of Proposed
Resolutions No. 18041, 18209, 18210 and 18217:
(A) Expense Reports
Assistant City Secretary, Kelly Moore:
Irving, Texas For The TMCCP Election Law Seminar
January 14 —17, 2014 $1,319.38
Resolutions — Consent
(1) P.R. No. 17934 — A Resolution Adopting A Uniform Tax
Abatement Policy For The Term March 9, 2014 Through
March 9, 2016 Pursuant To Chapter 312 Of The Texas
Property Tax Code
Proposed Resolution No. 17934 was adopted becoming Resolution No. 14 -112.
City Council Minutes 2
Regular Meeting — March 4, 2014
(3) P.R. No. 18059 — A Resolution Authorizing The Final
Payment In The Amount Of $15,300.00, To A.M.I. Building
Specialties For The Completion Of Bulkhead Repairs On
Mariner's Cove Lots 32, 35, 43 And 44 Owned By The City
Of Port Arthur On Pleasure Island
Proposed Resolution No. 18059 was adopted becoming Resolution No. 14 -113.
(4) P.R. No. 18086 — A Resolution Authorizing The Payment In
An Amount Not To Exceed $25,000.00, To Soutex
Surveyors & Engineers Of Port Arthur, Texas, To Perform A
Master Drainage Study To Maximize Development Potential
Within A Target Area Of The City Of Port Arthur; Funds
Available In Account No. 410 - 1251- 532.54 -00
Proposed Resolution No. 18086 was adopted becoming Resolution No. 14 -114.
(5) P.R. No. 18208 — A Resolution Authorizing The City
Manager, The Finance Director And The Comptroller To
Serve As Signatories For The Texas General Land Office
2008 Supplemental Disaster Relief Fund (Ike Recovery
Funds)
Proposed Resolution No. 18208 was adopted becoming Resolution No. 14 -115.
(8) P.R. No. 18211 — A Resolution Authorizing The City
Manager To Execute Change Order No. 3 To The Contract
Between The City Of Port Arthur And MK Constructors, Of
Vidor, Texas, Increasing The Contract Amount By
$6,908.57, To A New Contract Amount Of $1,963,358.57,
Project No. I21GST, Account No. 144- 1201- 532.85 -00
Proposed Resolution No. 18211 was adopted becoming Resolution No. 14 -116.
(9) P.R. No. 18213 — A Resolution Calling For A Public Hearing
To Consider The Submission Of An Application For The
Proposed Award Of Funds From The Federal Transit
Administration For Operations, Planning And Capital
Projects For The Port Arthur Transit (PAT)
Proposed Resolution No. 18213 was adopted becoming Resolution No. 14 -117.
(10) P.R. No. 18215 — A Resolution Accepting A Grant From
Enterprise Products For The Purpose Of Improving City
Parks (Requested By Mayor Deloris Prince)
Proposed Resolution No. 18215 was adopted becoming Resolution No. 14 -118.
(11) P.R. No. 18216 — A Resolution To Amend The 2013
Community Development Block Grant Contract For
Lifesaver Ministry
Proposed Resolution No. 18216 was adopted becoming Resolution No. 14 -119.
(13) P.R. No. 18219 — A Resolution Authorizing The Final
Payment Including 10% Retainage In The Amount Of
$79,561.65 To GADV Inc., DBA L &L General Contractors For
The Completion Of The Construction Of Transit Auto
Scrubber Facility As Contracted With The City Of Port
Arthur. (Account No. 402 - 1508 - 561.82 -00, Grant Nos.TX-
96-X042, TX -96 -X040, TX -90 -X859 ALI Nos.11.44.03 And
11.42.06
Proposed Resolution No. 18219 was adopted becoming Resolution No. 14 -120.
City Council Minutes 3
Regular Meeting — March 4, 2014
(14) P.R. 18221 - A Resolution Authorizing The City
Manager To Execute Change Order 04 To The Contract
Between The City Of Port Arthur And GADV, Inc., DBA L &L
General Contractors Of Beaumont, Texas, For The Purpose
Of Site Testing For The Transit Auto Scrubber, Increasing
The Contract Amount By $7,922.20 To A New Total Of
$803,538.70; Funds Available In Account No. 401 -1509-
561.54 -00
Proposed Resolution No. 18221 was adopted becoming Resolution No. 14 -121.
(15) P.R. 18226 — A Resolution Authorizing The City Manager To
Execute A Permanent Access Road Easement To Sunoco
Pipeline L.P., To Aid In The Construction And Maintenance
Of The Sunoco Pipeline
Proposed Resolution No. 18226 was adopted becoming Resolution No. 14 -122.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT
Consent - Resolutions
(2) P.R. No. 18041 — A Resolution Authorizing The City
Manager To Execute A Contract Between The City Of Port
Arthur And Arceneaux & Gates Consulting Engineers, Inc.,
For Professional Services Not To Exceed $291,585.00,
Related To The Design And Construction Phase Services,
For The Agreed Final Judgment And Permanent Injunction
No. D- 1- GV -07- 001556 With The State Of Texas, Account
No. 428 -1625- 532.53 -00, Project No. 428WWT
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Thomas that Proposed Resolution No. 18041 be adopted.
Public Works Supervisor John Tomplait appeared before the City Council to answer
inquiries regarding the above - mentioned contract.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18041:
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18041 was adopted becoming Resolution No. 14 -123.
The caption of Resolution No. 14 -123 reads as follows:
RESOLUTION NO. 14 -123
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF PORT ARTHUR AND ARCENEAUX
& GATES CONSULTING ENGINEERS, INC., FOR
PROFESSIONAL SERVICES NOT TO EXCEED
$291,585.00, RELATED TO THE DESIGN AND
CONSTRUCTION PHASE SERVICES, FOR THE
City Council Minutes 4
Regular Meeting — March 4, 2014
AGREED FINAL JUDGMENT AND PERMANENT
INJUNCTION NO. D- 1- GV -07- 001556 WITH
THE STATE OF TEXAS, ACCOUNT NO. 428 -1625-
532.53 -00, PROJECT NO. 428WWT
(6) P.R. No. 18209 — A Resolution Authorizing The City
Manager To Approve The Purchase Of An Additional One
(1) Year Subscription For Code Enforcement Software With
Citizenserve Online Solutions, LLC, For The Environmental
Health Division, In An Amount Not To Exceed $18,800.00;
Funds Available In Account No. 001 - 1304 - 541.57 -00
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Freeman and seconded by Councilmember
Thomas that Proposed Resolution No. 18209 be adopted.
Health Department Director Judith Smith and Environmental Health Specialist James
Brown appeared before the City Council to answer inquiries regarding the above -
mentioned purchase.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18209:
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18209 was adopted becoming Resolution No. 14 -124.
The caption of Resolution No. 14 -124 reads as follows:
RESOLUTION NO. 14 -124
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO APPROVE THE PURCHASE OF AN
ADDITIONAL ONE (1) YEAR SUBSCRIPTION
FOR CODE ENFORCEMENT SOFTWARE WITH
CITIZENSERVE ONLINE SOLUTIONS, LLC, FOR
THE ENVIRONMENTAL HEALTH DIVISION, IN
AN AMOUNT NOT TO EXCEED $18,800.00;
FUNDS AVAILABLE IN ACCOUNT NO. 001 -1304-
541.57 -00
(7) P.R. No. 18210 — A Resolution Authorizing The City
Manager To Execute Change Order No. 2 To The Contract
Between The City Of Port Arthur And MK Constructors, Of
Vidor, Texas, Increasing The Contract Amount By
$27,650.00, To A New Contract Amount Of $1,956,450.00,
Project No. I21GST, Account No. 144- 1201 - 532.85 -00
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Freeman and seconded by Councilmember
Thomas that Proposed Resolution No. 18210 be adopted.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
18210:
City Council Minutes 5
Regular Meeting — March 4, 2014
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18210 was adopted becoming Resolution No. 14 -125.
The caption of Resolution No. 14 -125 reads as follows:
RESOLUTION NO. 14 -125
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 2
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND MK CONSTRUCTORS, OF
VIDOR, TEXAS, INCREASING THE CONTRACT
AMOUNT BY $27,650.00, TO A NEW CONTRACT
AMOUNT OF $1,956,450.00, PROJECT NO.
I21GST, ACCOUNT NO. 144 - 1201 - 532.85 -00
(12) P.R. No. 18217 — A Resolution Authorizing The City
Manager To Execute A Contract Extension For Professional
Services Between The City Of Port Arthur And Ergonomic
Transportation Solutions, Inc., Of Houston, Texas, To
Provide The Engineering Design For A Traffic Signal At 9
Avenue And Lake Arthur Drive; For No Additional Cost.
Account 001 -1202- 531.54 -00
The Mayor introduced the above - mentioned Proposed Resolution.
The motion was made by Councilmember Thomas and seconded by Councilmember
Freeman that Proposed Resolution No. 18217 be adopted.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
18217:
•
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18217 was adopted becoming Resolution No. 14 -126.
The caption of Resolution No. 14 -126 reads as follows:
RESOLUTION NO. 14 -126
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT
EXTENSION FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF PORT ARTHUR AND
ERGONOMIC TRANSPORTATION SOLUTIONS,
INC., OF HOUSTON, TEXAS, TO PROVIDE THE
ENGINEERING DESIGN FOR A TRAFFIC SIGNAL
AT 9 111 AVENUE AND LAKE ARTHUR DRIVE; FOR
NO ADDITIONAL COST. ACCOUNT 001 -1202-
531.54 -00
City Council Minutes 6
Regular Meeting — March 4, 2014
B. Ordinances
(1) P.O. No. 6367 — An Ordinance Continuing The Juvenile
Curfew Ordinance As Delineated In Sections 62 -101 To 62-
106 Of The Code Of Ordinances Of The City Of Port Arthur
The Interim City Manager introduced the above - mentioned Proposed Ordinance.
The motion was made by Councilmember Thomas and seconded by Councilmember
Freeman that Proposed Ordinance No. 6367 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6367:
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6367 was adopted becoming Ordinance No. 14 -09.
The caption of Ordinance No. 14 -09 reads as follows:
ORDINANCE NO. 14 -09
AN ORDINANCE CONTINUING THE JUVENILE
CURFEW ORDINANCE AS DELINEATED IN SECTIONS
62 -101 TO 62 -106 OF THE CODE OF ORDINANCES OF
THE CITY OF PORT ARTHUR
(2) P.O. No. 6373 — An Ordinance Reconsidering Ordinance No.
14 -04 As It Pertains To Amending Chapter 78 Of The Code
Of Ordinances By Deleting Section 78 -244 To The Code Of
Ordinances (Requested By Councilmember Thomas)
The Interim City Manager introduced the above - mentioned Proposed Ordinance.
The motion was made by Councilmember Thomas and seconded by Councilmember
Freeman that Proposed Ordinance No. 6373 be adopted.
The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember
Lewis that Proposed Ordinance N�. 6373 be amended as follows:
To restore the original council appointee grievance policy.
The following roll call vote was taken on the motion to amend Proposed Ordinance No.
6367:
Councilmember Albright "No"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6373 was amended
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6373 as amended:
City Council Minutes 7
Regular Meeting — March 4, 2014
Councilmember Albright "No"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6373 was adopted as amended becoming Ordinance No. 14-
10.
The caption of Ordinance No. 14 -10 reads as follows:
ORDINANCE NO. 14 -10
AN ORDINANCE RECONSIDERING ORDINANCE
NO. 14 -04 AS IT PERTAINS TO AMENDING
CHAPTER 78 OF THE CODE OF ORDINANCES BY
DELETING SECTION 78 -244 TO THE CODE OF
ORDINANCES (REQUESTED BY
COUNCILMEMBER THOMAS)
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 LLC)
(2) Section 551.074 Government Code — To Discuss The Selection
Process Of Potential Candidates For The Position Of City Manager
The motion was made by Councilmember Freeman and seconded by Mayor Pro Tem
Williamson that above - mentioned Item No. 2 be removed from the Closed Meeting
agenda.
The following roll call vote was taken on the motion to remove Item No. 2 from the
Closed Meeting agenda:
Councilmember Albright "Yes"
Councilmember Freeman "Yes"
Councilmember Lewis "Yes"
Councilmember Scott "Yes"
Councilmember Thomas "Yes"
Mayor Pro Tem Williamson "Yes"
Mayor Prince "Yes"
The City Council recessed their meeting at 9:26 a.m. to meet in Executive Session to
consider the above - mentioned topics, and reconvened their meeting at 9:47 a.m. with
the following members present: Mayor Prince; Mayor Pro Tem Williamson;
Councilmembers Scott, Albright, Lewis, Freeman and Thomas; City Manager Comeaux;
City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Freeman, seconded by Councilmember Thomas
and carried unanimously, the City Council adjourned their meeting 9:48 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.
City Council Minutes 8
Regular Meeting — March 4, 2014
MAYOR DELORIS "BOBBIE" PRINCE
ATTEST:
CITY SECRETARY SHERRI BELLARD
END OF REGULAR MEETING HELD: March 4, 2014
APPROVED :
City Council Minutes 9
Regular Meeting — March 4, 2014