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HomeMy WebLinkAboutAPRIL 1, 2014 REGULAR MEETING REGULAR MEETING — April 1, 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, April 1, 2014 at 5:30 p.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., Morris Albright, III., 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 Elizabeth "Liz" Segler was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamations: April 11 -13, 2014 as "Global Youth Service Days" April, 2014 as "Fair Housing Month" April, 2014 as "Sexual Assault Awareness Month" April 6 -12, 2014 "National Crime Victim's Rights Week" Minutes January 21, 2014 Regular Meeting January 30, 2014 Special Executive Meeting February 4, 2014 Special Executive Meeting Upon the motion of Councilmember Freeman, seconded by Councilmember Thomas and carried, the above - mentioned Minutes were adopted. IV. PUBLIC HEARINGS — 6:00 P.M. (1) To Consider 214 -02 (Sup #221) — Specific Use Permit For Lenin Ruiz For The Operation Of An Auto Wrecker /Storage Facility On 0.41546 Acre Of Land Consisting Of All Of Lots 26, 27 And 28, Block 27, Griffing Addition, (A.K.A. 3517 25 Street), Port Arthur, Jefferson County, Texas The above - mentioned Public Hearing was cancelled. III. PETITIONS & COMMUNICATIONS A. Speakers — None B. Presentations Valecia Tizeno, City Attorney, Regarding The Initial Roundtable Workshop With Companies That Have Industrial District Agreements With The City Of Port Arthur Held On March 28, 2014. The City Attorney gave the above - mentioned presentation. C. Employee Recognition — None D. Correspondence — None V. UNFINISHED BUSINESS — None VI. CONSENT AGENDA Upon the motion of Councilmember Albright, seconded by Mayor Pro Tem Williamson that the following Consent Agenda items were adopted with the exception of Item A., Proposed Resolutions No. 18171, 18246, 18247, 18248 and 18257: (B) Mayor, Deloris Prince: Beaumont, Texas. Meetings At The South East Texas Regional Planning Commission Dates Of Trips, Various $55.37 Resolutions — Consent (2) P.R. No. 18207 — A Resolution Pertaining To The Department Of The Army License And The Sabine Neches Waterway Project, Sabine Neches Canal Proposed Resolution No. 18207 was adopted becoming Resolution No. 14 -150. (3) P.R. No. 18218 — A Resolution Amending The 2014 Contract Between The City Of Port Arthur And The Department Of State Health Services To Extend The Contract Period To September 30, 2014, Revise Paragraph M In Section 1 And The Administrative Rate In Section VIII, And Increasing Funds From $295,105.00 to $588,147.00 Proposed Resolution No. 18218 was adopted becoming Resolution No. 14 -151. (4) P.R. No. 18236 — A Resolution Designating The Early Voting Ballot Board, Deputy Lead And Alternate Lead Early Voting Clerks, Election Day Presiding Judges And Alternate Judges, As Well As Appointing The Presiding Judge, Alternate Judge, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Election Records General Custodian Of The Central Counting Station For The May 10, 2014 General Election UNA RESOLUCION DESIGNANDO LA TABLA DE BOLETAS PARA LA VOTACION TEMPRANA, DIPUTADO PRINCIPAL Y SECRETARIOS ALTERNATIVOS DE VOTACION TEMPRANA, JUECES QUE PRESIDEN EL DIA DE ELECCIONES Y JUECES ALTERNATIVOS, TAMBIEN APUNTANDO EL JUEZ, JUEZ ALTERNATIVO, SUPERVISOR DE TABULACIONES, ESPECIALISTA DE PRODUCCION DE BOLETAS, GERENTE DE LA ESTACION DE CONTEO Y EL CUSTODIO GENERAL DE REGISTROS ELECTORALES DE LA ESTACION CENTRAL DE CONTEO PARA LAS ELECCIONES GENERALES DEL 10 DE MAYO 2014 Proposed Resolution No. 18236 was adopted becoming Resolution No. 14 -152. (8) P.R. No. 18250 — A Resolution Authorizing The City Manager To Execute Change Order No. 3 Between The City Of Port Arthur And Excavators & Constructors, LTD., And Change Order No. 3 With The General Land Office (GLO) For The Highway 87 Water Transmission Line Project, Increasing The Contract Term By Seventeen (17) Days Due To Rain Delays, To A New Term Of 299 Days Proposed Resolution No. 18250 was adopted becoming Resolution No. 14 -153. City Council Minutes 2 Regular Meeting — April 1, 2014 (9) P.R. No. 18251 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 Between The City Of Port Arthur And Placo, LTD; For The Sabine Pass Metering Facility, Increasing The Contract Time By Twenty - Two (22) Days Due To Inclement Weather Conditions, To A New Term Of 112 Days Proposed Resolution No. 18251 was adopted becoming Resolution No. 14 -154. (10) P.R. No. 18252 — A Resolution Authorizing Extensions Until December 31, 2014, To The Contracts With Affordable Lawn And Tractor Of Port Arthur, Texas, For Groups E And F For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $4,050.00 For Group E, And $24,900.00 For Group F. Funds Are Available In Account No. 410- 1255 - 532.59 -00 Proposed Resolution No. 18252 was adopted becoming Resolution No. 14 -155. (11) P.R. No. 18253 — A Resolution Authorizing Extensions Until December 31, 2014, To The Contracts With Joey's Tractor Service Of Port Arthur, Texas, For Groups A, B, And G, For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $18,460.00 For Groups A & B, And $5,596.00 For Group G. Funds Are Available In Account No. 410 -1255- 532.59 -00 Proposed Resolution No. 18253 was adopted becoming Resolution No. 14 -156. (12) P.R. No. 18254 — A Resolution Authorizing An Extension Until December 31, 2014, To The Contract With Amelia Lawn Care And Landscaping Service Of Groves, Texas, For Groups C And D, For Grounds Maintenance For The Utility Operations Department, In An Amount Not To Exceed $7,640.00. Funds Are Available In Account No. 410 -1255- 532.59 -00 Proposed Resolution No. 18254 was adopted becoming Resolution No. 14 -157. (13) P.R. No. 18256 — A Resolution Authorizing The City Manager To Execute The Second Year Of A Three Year Renewable Contract Between The City Of Port Arthur And Hollier Construction Of Groves, Texas, For Slip -Form Placement Of Concrete On A Unit Cost Basis, For The Not To Exceed Amount Of $100,000.00. Accounts 001 -1203- 531.36 /51/86 And CDBG Street Project Accounts Proposed Resolution No. 18256 was adopted becoming Resolution No. 14 -158. (15) P.R. No. 18262 — A Resolution Authorizing The City Manage To Enter Into A Purchase Agreement With Imagenet Consulting Of Houston, Texas, For The Purchase Of Additional Laser fiche Client Licenses And Maintenance For The Amount Of $7,963.50. Funding Available In Account 001 -1034- 515.57 -00 Proposed Resolution No. 18262 was adopted becoming Resolution No. 14 -159. (16) P.R. No. 18265 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And L & L General Contractors Of Beaumont, Texas, For The Construction Of The Pleasure Island Recreation Corridor Trail, Section 2, City Council Minutes 3 Regular Meeting — April 1, 2014 Increasing The Contract Amount By $2,995.68 To A New Contract Amount Of $93,606.68 Proposed Resolution No. 18265 was adopted becoming Resolution No. 14 -160. (17) P.R. No. 18266 — A Resolution Authorizing The Execution Of A Contract For The Purchase Of Repair Clamps, For One Year, For The Utility Operations Department With H D Supply Of Beaumont, Texas, In The Total Not To Exceed Amount Of $134,112.05 Annually. Funds Are Available In Account No. 410 - 1253 - 532.35 -00 & 410 -1255- 532.33 -00 Proposed Resolution No. 18266 was adopted becoming Resolution No. 14 -161. (18) P.R. No. 18270 — A Resolution Authorizing The Execution Of An Amendment To The Agreement Between Linebarger, Goggan, Blair & Sampson And The City Of Port Arthur As To Extend The Agreement Expiration Date, February 28, 2014 To July 1, 2014. Funds Available In Account No. 001 -1011- 513.56 -00 Proposed Resolution No. 18270 was adopted becoming Resolution No. 14 -162. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON - CONSENT Consent Item (A) Expense Reports Councilmember, Willie "Bae" Lewis, Jr.: Washington, D.C. For The National League Of Cities Conference March 8 -12, 2014 $3,365.95 The Mayor introduced the above - mentioned Proposed Item A. The motion was made by Councilmember Lewis and seconded by Councilmember Freeman that Item A be adopted. The following roll call vote was taken on the motion to adopt Proposed Item A: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Item A was adopted. Consent - Resolutions (1) P. R. No. 18171 — A Resolution Authorizing The City Manager To Enter Into A Contract With American Facility Services, Of Alpharetta, Georgia, For Janitorial Services For The Police Department, Fire Administration And Municipal Court Buildings, In An Amount Not To Exceed $46,800.00 Annually. Funds Available In Account No. 001 -1101- 521.32 -00 The Mayor introduced the above - mentioned Proposed Resolution. City Council Minutes 4 Regular Meeting — April 1, 2014 The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Williamson that Proposed Resolution No. 18171 be adopted. Port Arthur Police Chief Mark Blanton 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. 18171: 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. 18171 was adopted becoming Resolution No. 14 -163. The caption of Resolution No. 14 -163 reads as follows: RESOLUTION NO. 14 -163 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMERICAN FACILITY SERVICES, OF ALPHARETTA, GEORGIA, FOR JANITORIAL SERVICES FOR THE POLICE DEPARTMENT, FIRE ADMINISTRATION AND MUNICIPAL COURT BUILDINGS, IN AN AMOUNT NOT TO EXCEED $46,800.00 ANNUALLY. FUNDS AVAILABLE IN ACCOUNT NO. 001 -1101- 521.32 -00 (5) P.R. No. 18246 — A Resolution Authorizing A Consulting Contract With Muniservices, LLC For Sales Tax Compliance Review On A Contingency Fee Basis. Providing For Payment Of 35% Of Sales Tax Recovered And A Sales Tax Analysis And Reporting Services Package (STARS) In An Amount Not To Exceed $8,000.00 Account #001- 1031- 515.54 -00 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Freeman that Proposed Resolution No. 18246 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18246: 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. 18246 was adopted becoming Resolution No. 14 -164. The caption of Resolution No. 14 -164 reads as follows: City Council Minutes 5 Regular Meeting — April 1, 2014 RESOLUTION NO. 14 -164 A RESOLUTION AUTHORIZING A CONSULTING CONTRACT WITH MUNISERVICES, LLC FOR SALES TAX COMPLIANCE REVIEW ON A CONTINGENCY FEE BASIS. PROVIDING FOR PAYMENT OF 35% OF SALES TAX RECOVERED AND A SALES TAX ANALYSIS AND REPORTING SERVICES PACKAGE (STARS) IN AN AMOUNT NOT TO EXCEED $8,000.00 ACCOUNT #001- 1031- 515.54 -00 (6) P.R. No. 18247 — A Resolution Pertaining to an Agreement Between The City Of Port Arthur And Carl Parker; Funding Available In Account No. 001 -1003- 512.59 -00, Project No. M97913 The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Albright that Proposed Resolution No. 18247 be adopted. Human Resource Director Albert Thigpen appeared before the City Council to answer inquiries regarding the above - mentioned payment. The following roll call vote was taken on the motion to amend Proposed Resolution No. 18247: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18247 was adopted becoming Resolution No. 14 -165. The caption of Resolution No. 14 -165 reads as follows: RESOLUTION NO. 14 -165 A RESOLUTION PERTAINING TO AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CARL PARKER; FUNDING AVAILABLE IN ACCOUNT NO. 001 -1003- 512.59 -00, PROJECT NO. M97913 (7) P.R. No. 18248 — A Resolution As It Pertains To A Consultant Agreement With Carl R. Griffith & Associates For Professional Consulting Services The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Freeman and seconded by Councilmember Lewis that Proposed Resolution No. 18248 be adopted. The following roll call vote was taken on the motion to amend Proposed Resolution No. 18248: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "Yes" City Council Minutes 6 Regular Meeting — April 1, 2014 Councilmember Scott "Yes" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18248 was adopted becoming Resolution No. 14 -166. The caption of Resolution No. 14 -166 reads as follows: RESOLUTION NO. 14 -166 A RESOLUTION AS IT PERTAINS TO A CONSULTANT AGREEMENT WITH CARL R. GRIFFITH & ASSOCIATES FOR PROFESSIONAL CONSULTING SERVICES (14) P. R. No. 18257 — A Resolution Pertaining To Request Submitted By The Law Firm Of Langston Scott Adams (Requested By Councilmember Lewis) The Mayor introduced the above - mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Scott that Proposed Resolution No. 18257 be adopted. The motion was made by Mayor Pro Tem Williamson and seconded by Councilmember Albright that Proposed Resolution No. 18257 be removed from the agenda. The following roll call vote was taken on the motion to remove Proposed Resolution No. 18257 from the agenda: Councilmember Albright "Yes" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Thomas "Yes" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" B. Ordinances (1) P. O. No. 6337 — An Ordinance Amending Section 78 -269 (B) (1) Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses (Requested By Councilmember Lewis) The Interim City Manager introduced the above - mentioned Proposed Ordinance. The motion was made by Councilmember Lewis and seconded by Councilmember Scott that Proposed Ordinance No. 6337 be adopted. Councilmember Lewis called a Point of Order for Mayor Pro Tem Williamson to cease his line of discussion: Councilmember Albright "No" Councilmember Freeman "Yes" Councilmember Lewis "No" Councilmember Scott "No" Councilmember Thomas "No" Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" The Mayor made the following statement for record: City Council Minutes 7 Regular Meeting — April 1, 2014 In reference to what was said earlier by Councilmember Lewis, the young lady who is tasked with working for the Council and Mayor makes the travel arrangements for the Councilmembers. She takes care of their expense reports. I don't touch any of it, not any of it. I don't see your travel arrangements; I don't see your receipts, I don't see anything until it gets on your agenda, and I know what the intent of this is. And that's perfectly okay but just for the record, because it's being taped I have absolutely nothing to do with — because if I had that two- hundred and fifty dollar cab ride I would have requested some proof for that. But I have nothing to do with that. I do not touch any of your stuff. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6337: Councilmember Albright "No" Councilmember Freeman "No" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Thomas "No" Mayor Pro Tem Williamson "No" Mayor Prince "No" The motion to adopt Proposed Ordinance No. 6337 failed. (2) P.O. No. 6376 — An Ordinance Amending Ordinance No. 14- 01 Providing For The Conduct Of The May 10, 2014, General Election For The Purpose Of Electing Six (6) Councilmembers In The City Of Port Arthur, Texas; Declaring An Unopposed Candidate Elected For District 3 And Providing For A Joint Election With The Port Arthur Independent School District, And Cancelling The Conduct Of A Joint Election With The Sabine Pass Port Authority And The Sabine Pass Independent School District In Accordance With Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice UNA ORDENANZA QUE EMENDA LA ORDENANZA NO. 14 -01 QUE PROVEE PARA LA CONDUCTA DE LAS ELECCIONES GENERAL EL 10 DE MAYO, 2014 CON EL PROPOSITO DE ELEGIR A SEIS (6) MIEMBROS DEL CONSEJO MUNICIPAL DE PORT ARTHUR, TEXAS; DECLARA UN CANDIDATO SIN OPOSICION ELEGIDO PARA EL DISTRITO NOMERO 3 Y QUE PROVEE PARA UNA ELECCION JUNTO AL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR Y CANCELANDO LA CONDUCTA DE UNA ELECCION JUNTO EL AUTORIDAD DEL PUERTO DE SABINE PASS Y EL DISTRITO ESCOLAR INDEPENDIENTE DE SABINE PASS ACUERDO EL CAPITULO 271 DEL CODIGO DE ELECCIONES DE TEXAS, Y QUE PROVEE PARA LA PUBLICACION DE ESTE AVISO DE ELECCIONES 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. 6376 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6376 as amended: Councilmember Albright "No" Councilmember Freeman "Yes" Councilmember Lewis "Yes" Councilmember Scott "Yes" Councilmember Thomas "Yes" City Council Minutes 8 Regular Meeting — April 1, 2014 Mayor Pro Tem Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6376 was adopted as amended becoming Ordinance No. 14- 11. The caption of Ordinance No. 14 -11 reads as follows: ORDINANCE NO. 14 -11 AN ORDINANCE AMENDING ORDINANCE NO. 14 -01 PROVIDING FOR THE CONDUCT OF THE MAY 10, 2014, GENERAL ELECTION FOR THE PURPOSE OF ELECTING SIX (6) COUNCILMEMBERS IN THE CITY OF PORT ARTHUR, TEXAS; DECLARING AN UNOPPOSED CANDIDATE ELECTED FOR DISTRICT 3 AND PROVIDING FOR A JOINT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, AND CANCELLING THE CONDUCT OF A JOINT ELECTION WITH THE SABINE PASS PORT AUTHORITY AND THE SABINE PASS INDEPENDENT SCHOOL DISTRICT IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF THE ELECTION NOTICE UNA ORDENANZA QUE EMENDA LA ORDENANZA NO. 14 -01 QUE PROVEE PARA LA CONDUCTA DE LAS ELECCIONES GENERAL EL 10 DE MAYO, 2014 CON EL PROPOSITO DE ELEGIR A SEIS (6) MIEMBROS DEL CONSEJO MUNICIPAL DE PORT ARTHUR, TEXAS; DECLARA UN CANDIDATO SIN OPOSICION ELEGIDO PARA EL DISTRITO NOMERO 3 Y QUE PROVEE PARA UNA ELECCION JUNTO AL DISTRITO ESCOLAR INDEPENDIENTE DE PORT ARTHUR Y CANCELANDO LA CONDUCTA DE UNA ELECCION JUNTO EL AUTORIDAD DEL PUERTO DE SABINE PASS Y EL DISTRITO ESCOLAR INDEPENDIENTE DE PASS ACUERDO EL CAPITULO 271 DEL CODIGO DE ELECCIONES DE TEXAS, Y QUE PROVEE PARA LA PUBLICACION DE ESTE AVISO DE ELECCIONES VIII. 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. MAYOR DELORIS "BOBBIE" PRINCE ATTEST: CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD: April 1, 2014 APPROVED • City Council Minutes 9 Regular Meeting — April 1, 2014