HomeMy WebLinkAbout11/25/2014 REGULAR MEETING REGULAR MEETING — November 25, 2014
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Williamson 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,
November 25, 2014 at 8:33 a.m. in the City Council Chamber, City Hall, with the
following members present: Mayor Deloris "Bobbie" Prince; Councilmembers Raymond
Scott, Jr., Tiffany Hamilton, Robert E. "Bob" Williamson and Kaprina Frank; Interim City
Manager John A. Comeaux, Jr., City Secretary Sherri Bellard, City Attorney Valecia R.
Tizeno, and Sergeant At Arms Chief of Police Mark Blanton.
Councilmember Stephen A. Mosely joined the Regular Meeting at 8:40 a.m.
Councilmember Willie "Bae" Lewis, Jr. joined the Regular Meeting at 8:42 a.m.
Mayor Pro Tern Derrick Freeman was absent from the Regular Meeting.
Councilmember Morris Albright, III was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations - None
Minutes
October 28, 2014 Regular Meeting
October 30, 2014 Special Meeting
November 5, 2014 Special Executive Meeting
November 6, 2014 Special Executive Meeting
November 11, 2014 Special Executive Meeting
November 11, 2014 Regular Meeting
Upon the motion of Councilmember Williamson seconded by Councilmember Frank and
carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Speakers
(1) Terry Lynn Collins, Regarding Assistance For Battered
Women, Children, Mentally Ill Citizens, And The Homeless
Not Present.
B. Presentations
(2) Presentation By Daryl Miller And Robert Parr Regarding
Development Of A Soccer Complex In Port Arthur, Texas
Mr. Daryl Miller, 7823 Colorado and Mr. Robert Parr, 8350 Lake Placid,
Nederland, Texas gave the above-mentioned presentation.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
(3) P.R. No. 18732 — A Resolution Of The City Council Of The
City Of Port Arthur, Texas, Approving Tax Exempt Bond
Financing To Be Undertaken By Riesel Cultural Facilities
Corporation, For The Benefit Of Goodwill Industries Of
Southeast Texas
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Frank that Proposed Resolution No. 18732 be adopted.
Mr. Randy Jones, 69 Vermetho Circle, Beaumont, Texas appeared before the City
Council to answer inquiries regarding the above-mentioned proposed resolution.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18732:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18732 was adopted becoming Resolution No. 14-585.
The caption of Resolution No. 14-585 reads as follows:
RESOLUTION NO. 14-585
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS, APPROVING
TAX EXEMPT BOND FINANCING TO BE
UNDERTAKEN BY RIESEL CULTURAL
FACILITIES CORPORATION, FOR THE BENEFIT
OF GOODWILL INDUSTRIES OF SOUTHEAST
TEXAS
IV. Public Hearings — 9:00 a.m. None
V. Unfinished Business
(1) P.O. No. 6423 — An Ordinance Rescinding Ordinance 13-29
In Its Entirety, As It Pertains To Section 78-269 (Travel) Of
The Code Of Ordinances Of The City Of Port Arthur
(Requested By Councilmember Lewis)
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Lewis and seconded by Councilmember
Mosely that Proposed Ordinance No. 6423 be removed.
Councilmember Mosely called for a Point of Order and proceeded to discuss items that
were not posted on this agenda.
Councilmember Williamson called for a Point of Order to cease violating the Robert's
Rules of Order by discussing items were not posted for this meeting.
The following roll call vote was taken on the motion to cease discussion of items that
are not posted on this agenda:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "No"
Councilmember Mosely "No"
Councilmember Scott "No"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
The point of order carried.
The City Council recessed their meeting at 9:30 a.m. and reconvened their meeting at
9:29 a.m. with the following members present: Mayor Prince; Councilmembers Scott,
City Council Minutes 2
Regular Meeting — November 25, 2014
Hamilton, Mosely, Lewis, Williamson and Frank; Interim City Manager Comeaux; City
Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
The following roll call vote was taken on the motion to remove Proposed Ordinance No.
6423:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "No"
Mayor Prince "No"
Proposed Ordinance No. 6423 was removed from the agenda.
VI. CONSENT AGENDA
The motion was made by Councilmember Williamson seconded by Councilmember
Hamilton that the following Consent Agenda items be adopted with the exception of
Proposed Resolutions No. 18703, 18725, 18726, 18727, 18730, 18734, 18735, 18736,
18739, 18740 and 18741:
The following roll call vote was taken on the motion to adopt the Consent Agenda:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
A. Resolutions — Consent
(1) P.R. No. 18688 — A Resolution Authorizing The Execution
Of A Contract For Professional/Technical Services Between
The City Of Port Arthur And Carroll & Blackman, Inc., For
Professional Engineering Services Related To The Texas
Pollutant Discharge Elimination System, Phase II Storm
Water Discharge Permit, In The Not-To-Exceed Amount Of
$20,858.83. Drainage Account No. 001-1204-531.59-01
Proposed Resolution No. 18688 was adopted becoming Resolution No. 14-586.
(3) P.R. No. 18708 - A Resolution Authorizing The Purchase Of
One (1) Chevrolet Tahoe Police Vehicle From Caldwell
Country Chevrolet Of Caldwell, Texas, Through Buyboard
Cooperative Purchasing Program, For The Total Not-To-
Exceed Amount Of $45,032.00. Funding For This Purchase Is
Available In Police Department Account No. 115-1101-
521.93-00
Proposed Resolution No. 18708 was adopted becoming Resolution No. 14-14-587.
(4) P.R. No. 18712 — A Resolution Accepting A Water Utilities
Easement From The Port Arthur Housing Initiative I, LP, Of
Port Arthur, Texas, For The Construction, Installation,
Laying, And Maintaining Of Water Utilities On Their
Property At 8580 Park Central Blvd., Port Arthur, Texas
Proposed Resolution No. 18712 was adopted becoming Resolution No. 14-588.
City Council Minutes 3
Regular Meeting — November 25, 2014
(5) P.R. No. 18719 — A Resolution Authorizing Participation In
The Texpool Investment Pools And Designating Authorized
Representatives
Proposed Resolution No. 18719 was adopted becoming Resolution No. 14-589.
(6) P.R. No. 18720 — A Resolution Authorizing The Purchase Of
Three Mini Excavators And One Compact Wheel Loader For
The Utility Operations Department From Waukesha-Pearce
Industries Inc., Of Port Arthur, Texas (Through Buyboard
Cooperative Purchasing Program), In The Total Not-To-
Exceed Amount Of $129,596.65. Funds Are Available In
Utility Operations Equipment Replacement Fund Account
Nos. 625-1801-532.93-03, 625-1801-532.93-05, 625-
1801-532.93-06
Proposed Resolution No. 18720 was adopted becoming Resolution No. 14-590.
(7) P.R. No. 18724 - A Resolution Authorizing The Purchase Of
One (1) Dodge Charger Police Vehicle From Dodge City Of
McKinney, Texas, Through The Buyboard Cooperative
Purchasing Program, In The Not-To-Exceed Amount Of
$28,614.08; Funding For This Purchase Is Available In
Equipment Replacement For Police Vehicle Account No. 625-
1801-521.93-00
Proposed Resolution No. 18724 was adopted becoming Resolution No. 14-591.
(11) P.R. No. 18728 — A Resolution Authorizing The Execution
Of A Contract For Grounds Maintenance For The Utility
Operations Department With Mow-N-More Of Port Arthur,
Texas, In The Total Not-To-Exceed Annual Amount Of
$10,300.00, For Groups A & B. Funds Are Available In
Wastewater Conveyance Division Account No. 410-1255-
532.59-00
Proposed Resolution No. 18728 was adopted becoming Resolution No. 14-592.
(12) P.R. No. 18729 — A Resolution Authorizing The Purchase Of
Uniforms For The Fire Department From GT Distributors,
Inc., Under A Buyboard Contract, In An Amount Not To
Exceed $32,839.00; Funding Available In Account No. 001-
1121-522.26-00
Proposed Resolution No. 18729 was adopted becoming Resolution No. 14-593.
(14) P.R. No. 18731 — A Resolution Authorizing The Execution
Of A Contract With DM] Landscaping Of Port Arthur, Texas,
For Grass Cutting Services Of Privately Owned And City
Owned Vacant And Developed Lots In An Area Of The City
Designated As Area B-1, In The Not-To-Exceed Amount Of
$12,500.00. Funds Available In Environmental Health Code
Enforcement Division Account No. 001-1304-541-59-00
Proposed Resolution No. 18731 was adopted becoming Resolution No. 14-594.
(15) P.R. No. 18733 — A Resolution Calling For A Public Hearing
To Consider A Zoning Change From Heavy Commercial To
Planned Development, District — 34 For 0.6405 Acre Of
Land Out Of And A Part Of Lot 3, Block 4, Range "I", Port
Arthur Land Company Subdivision (A.K.A. 2145 7th
Avenue), City Of Port Arthur, Jefferson County, Texas
Proposed Resolution No. 18733 was adopted becoming Resolution No. 14-595.
City Council Minutes 4
Regular Meeting — November 25, 2014
(22) P.R. No. 18742 — A Resolution Authorizing The Purchase Of
Four (4) 1-Ton Diesel Utility Trucks For The Utility
Operations Department From Silsbee Ford, Of Silsbee,
Texas, Through Buyboard, In The Total Amount Not To
Exceed $127,568.00. Funds Are Available In Equipment
Replacement Fund Account Nos. 625-1801-532.93-05, And
625-1808-532.93-03
Proposed Resolution No. 18742 was adopted becoming Resolution No. 14-596.
(23) P.R. No. 18743 — A Resolution Authorizing The Purchase Of
One 4x2 Super Duty Crew Cab Truck With Dump Body For
The Utility Operations Department From Silsbee Ford, Of
Silsbee, Texas, Through Buyboard, In The Total Amount
Not To Exceed $53,775.15. Funds Are Available In
Equipment Replacement Fund Account No. 625-1801-
532.93-05
Proposed Resolution No. 18743 was adopted becoming Resolution No. 14-597.
(24) P.R. No. 18744 — A Resolution Authorizing The Purchase Of
A 1-Ton Crew Cab Flatbed Truck For The Utility Operations
Department From Silsbee Ford, Of Silsbee, Texas, Through
Buyboard, In The Total Amount Not To Exceed $44,361.45.
Funds Are Available In Equipment Replacement Fund
Account No. 625-1801-532.93-05
Proposed Resolution No. 18744 was adopted becoming Resolution No. 14-598.
(25) P.R. No. 18745 — A Resolution Authorizing The City
Manager To Execute Change Order No. 2 To The Contract
Between The City Of Port Arthur And Excavators &
Constructors, LTD., Of Port Arthur, Texas, And GLO, For The
Construction Of Street Paving And Drainage Improvements
Along 5th Street, Increasing The Time Of The Contract By
Six (6) Calendar Days, To A New Term Of 280 Calendar
Days, At No Additional Cost
Proposed Resolution No. 18745 was adopted becoming Resolution No. 14-599.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Consent Resolutions
(2) P.R. No. 18703 —A Resolution Amending Resolution No. 14-
326 By Changing The Contract Amount From $476,717.95
To $482,767.95 For A Contract Between The City Of Port
Arthur Section 4A Economic Development Corporation And
Excavators & Constructors, Ltd. For Water, Sanitary Sewer,
Paving And Drainage Facilities To Serve Proposed "Kaprina
Frank Drive" In The Spur 93 Business Park
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Hamilton that Proposed Resolution No. 18703 be tabled.
The following roll call vote was taken on the motion to table Proposed Resolution No.
18732:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "No"
Councilmember Mosely "No"
City Council Minutes 5
Regular Meeting — November 25, 2014
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18703 was tabled.
(8) P.R. No. 18725 — A Resolution Authorizing The Execution
Of A Contract For Grounds Maintenance For The Utility
Operations Department With Amelia Lawn Care &
Landscaping Of Groves, Texas, In The Total Not-To-Exceed
Annual Amount Of $10,380.00, For Groups C & E. Funds Are
Available In Utility Operations Account No. 410-1255-
532.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember Frank
that Proposed Resolution No. 18725 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18725:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18725 was adopted becoming Resolution No. 14-600.
The caption of Resolution No. 14-600 reads as follows:
RESOLUTION NO. 14-600
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT FOR GROUNDS MAINTENANCE
FOR THE UTILITY OPERATIONS DEPARTMENT
WITH AMELIA LAWN CARE & LANDSCAPING OF
GROVES, TEXAS, IN THE TOTAL NOT-TO-
EXCEED ANNUAL AMOUNT OF $10,380.00, FOR
GROUPS C & E. FUNDS ARE AVAILABLE IN
UTILITY OPERATIONS ACCOUNT NO. 410-
1255-532.59-00
(9) P.R. No. 18726 — A Resolution Authorizing The Execution
Of A Contract For Grounds Maintenance For The Utility
Operations Department With Joey's Tractor Service Of Port
Arthur, Texas, In The Total Not-To-Exceed Annual Amount
Of $10,176.00, For Groups D & G. Funds Are Available In
Utility Operations Account No. 410-1255-532.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Scott and seconded by Councilmember Lewis
that Proposed Resolution No. 18726 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18726:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
City Council Minutes 6
Regular Meeting — November 25, 2014
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18726 was adopted becoming Resolution No. 14-601.
The caption of Resolution No. 14-601 reads as follows:
RESOLUTION NO. 14-601
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT FOR GROUNDS MAINTENANCE
FOR THE UTILITY OPERATIONS DEPARTMENT
WITH JOEY'S TRACTOR SERVICE OF PORT
ARTHUR, TEXAS, IN THE TOTAL NOT-TO-
EXCEED ANNUAL AMOUNT OF $10,176.00, FOR
GROUPS D & G. FUNDS ARE AVAILABLE IN
UTILITY OPERATIONS ACCOUNT NO. 410-
1255-532.59-00
(10) P.R. No. 18727 — A Resolution Authorizing The Execution Of
A Contract For Grounds Maintenance For The Utility
Operations Department With Affordable Lawn Care And
Tractor Of Port Arthur, Texas, In The Total Not-To-Exceed
Annual Amount Of $24,900.00, For Group F. Funds Are
Available In Utility Operations Account No. 410-1255-
532.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember
Hamilton that Proposed Resolution No. 18727 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18727:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18727 was adopted becoming Resolution No. 14-602.
The caption of Resolution No. 14-602 reads as follows:
RESOLUTION NO. 14-602
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT FOR GROUNDS MAINTENANCE
FOR THE UTILITY OPERATIONS DEPARTMENT
WITH AFFORDABLE LAWN CARE AND TRACTOR
OF PORT ARTHUR, TEXAS, IN THE TOTAL NOT-
TO-EXCEED ANNUAL AMOUNT OF $24,900.00,
FOR GROUP F. FUNDS ARE AVAILABLE IN
UTILITY OPERATIONS ACCOUNT NO. 410-
1255-532.59-00
City Council Minutes 7
Regular Meeting — November 25, 2014
(13) P.R. No. 18730 — A Resolution Approving An Agreement
Between The City Of Port Arthur And LexisNexis For
Accurint For Government (Per User Subscription), In The
Annual Not-To-Exceed Amount Of $3,420.00. Planning
Account No. 001-1051-517.57-00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember Frank
that Proposed Resolution No. 18730 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18730:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18730 was adopted becoming Resolution No. 14-603.
The caption of Resolution No. 14-603 reads as follows:
RESOLUTION NO. 14-603
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND
LEXISNEXIS FOR ACCURINT FOR
GOVERNMENT (PER USER SUBSCRIPTION), IN
THE ANNUAL NOT-TO-EXCEED AMOUNT OF
$3,420.00. PLANNING ACCOUNT NO. 001-
1051-517.57-00
(16) P.R. No. 18734 — A Resolution Authorizing The City
Manager To Execute Change Order No. 1 To The Contract
Between The City Of Port Arthur And ALLCO Inc., Of
Beaumont, Texas, And GLO, For The 19th Street Paving
Improvements, Increasing The Contract Amount By
$85,299.56 To A New Contract Amount Of
$722,030.56. Project No. I2119, GLO Round 2.2 Account
No. 145-1201-532.59-00.
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Scott and seconded by Councilmember Lewis
that Proposed Resolution No. 18734 be adopted.
Public Works Director Sue Polk appeared before the City Council to answer inquiries
regarding the above-mentioned change order.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18734:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
City Council Minutes 8
Regular Meeting — November 25, 2014
Proposed Resolution No. 18734 was adopted becoming Resolution No. 14-604.
The caption of Resolution No. 14-604 reads as follows:
RESOLUTION NO. 14-604
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 1
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND ALLCO INC., OF
BEAUMONT, TEXAS, AND GLO, FOR THE 19TH
STREET PAVING IMPROVEMENTS, INCREASING
THE CONTRACT AMOUNT BY $85,299.56 TO A
NEW CONTRACT AMOUNT OF
$722,030.56. PROJECT NO. I2119, GLO
ROUND 2.2 ACCOUNT NO. 145-1201-532.59-
00.
(17) P.R. No. 18735 — A Resolution Authorizing The City
Manager To Execute Amendment No. 2 To The Agreement
With Linebarger, Goggan, Blair & Sampson, LLP, For The
Collection Of Fines For Municipal Court
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Scott and seconded by Councilmember Lewis
that Proposed Resolution No. 18735 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18735:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18735 was adopted becoming Resolution No. 14-605.
The caption of Resolution No. 14-605 reads as follows:
RESOLUTION NO. 14-605
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 2 TO
THE AGREEMENT WITH LINEBARGER,
GOGGAN, BLAIR & SAMPSON, LLP, FOR THE
COLLECTION OF FINES FOR MUNICIPAL COURT
(18) P.R. No. 18736 — A Resolution Approving Payment In The
Amount Not To Exceed $46,553.95 For The TCEQ Annual
Water System Fee For The City Of Port Arthur, Utility
Operations Department-Water Purification Division
Account No. 410-1252-532-59-01
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Hamilton and seconded by Councilmember
Williamson that Proposed Resolution No. 18736 be adopted.
City Council Minutes 9
Regular Meeting — November 25, 2014
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18736:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18736 was adopted becoming Resolution No. 14-606.
The caption of Resolution No. 14-606 reads as follows:
RESOLUTION NO. 14-606
A RESOLUTION APPROVING PAYMENT IN THE
AMOUNT NOT TO EXCEED $46,553.95 FOR THE
TCEQ ANNUAL WATER SYSTEM FEE FOR THE
CITY OF PORT ARTHUR, UTILITY OPERATIONS
DEPARTMENT-WATER PURIFICATION
DIVISION ACCOUNT NO. 410-1252-532-59-01
(19) P.R. No. 18739 — A Resolution Authorizing The City
Manager To Execute Change Order No. 7 Between The City
Of Port Arthur And AlIco, L.L.C.; For The 24" Waterline From
19th Street To The Sabine Neches Canal, In An Amount Not
To Exceed $141,090.00, Increasing The Contract Amount
To $3,392,387.00, And A Time Extension Of Four (4) Days,
Increasing The Contract Time To 395 Days. Utility
Operations Account No. 429-1258-532.59-00, Project No.
WSI003
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember
Williamson that Proposed Resolution No. 18739 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18739:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18739 was adopted becoming Resolution No. 14-607.
The caption of Resolution No. 14-607 reads as follows:
RESOLUTION NO. 14-607
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 7
BETWEEN THE CITY OF PORT ARTHUR AND
ALLCO, L.L.C.; FOR THE 24" WATERLINE FROM
19TH STREET TO THE SABINE NECHES CANAL,
IN AN AMOUNT NOT TO EXCEED $141,090.00,
INCREASING THE CONTRACT AMOUNT TO
$3,392,387.00, AND A TIME EXTENSION OF
City Council Minutes 10
Regular Meeting — November 25, 2014
FOUR (4) DAYS, INCREASING THE CONTRACT
TIME TO 395 DAYS. UTILITY OPERATIONS
ACCOUNT NO. 429-1258-532.59-00, PROJECT
NO. WSI003
(20) P.R. No. 18740 — A Resolution Approving Change Order No.
1 To The Contract Between The City Of Port Arthur Section
4A Economic Development Corporation And Excavators &
Constructors, Ltd. For The Water, Sanitary Sewer, Paving,
Drainage Facilities And Site Grading To Serve Proposed
Kaprina Frank Drive In The Spur 93 Business Park
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Frank filed a Conflict of Interest Affidavit with the City Secretary and did
not participate in any discussion or action on the above-mentioned item.
The motion was made by Councilmember Williamson and seconded by Councilmember
Hamilton that Proposed Resolution No. 18740 be tabled.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18740:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18740 was tabled.
(21) P.R. No. 18741 — A Resolution Authorizing The City
Manager To Execute Change Order No. 5 To The Contract
Between The City Of Port Arthur And AlIco, L.L.C., Of
Beaumont, Texas, For The Highway 87 Water System
Improvements From Keith Lake To Sabine Pass Standpipe,
Increasing The Contract Time By 7 Days, To A New
Contract Time Of 294 Days. Project No. WSI002, Account
No. 429-1258-532.59-00
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Scott and seconded by Councilmember
Hamilton that Proposed Resolution No. 18741 be adopted.
Utility Operations Supervisor John Tompiait appeared before the City Council to answer
inquiries regarding the above-mentioned change order.
Arceneaux, Wilson and Cole Representative Joe Wilson, 2901 Turtle Creek Drive,
appeared before the City Council to answer inquiries regarding the above-mentioned
change order.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18741:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
City Council Minutes 11
Regular Meeting — November 25, 2014
Proposed Resolution No. 18741 was adopted becoming Resolution No. 14-608.
The caption of Resolution No. 14-6085 reads as follows:
RESOLUTION NO. 14-608
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE CHANGE ORDER NO. 5
TO THE CONTRACT BETWEEN THE CITY OF
PORT ARTHUR AND ALLCO, L.L.C., OF
BEAUMONT, TEXAS, FOR THE HIGHWAY 87
WATER SYSTEM IMPROVEMENTS FROM KEITH
LAKE TO SABINE PASS STANDPIPE,
INCREASING THE CONTRACT TIME BY 7 DAYS,
TO A NEW CONTRACT TIME OF 294 DAYS.
PROJECT NO. WSI002, ACCOUNT NO. 429-
1258-532.59-00
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
A. Resolutions
(1) P.R. No. 18722 — A Resolution Rescinding Resolution No.
14-580 In Its Entirety As It Pertains To The Assignment Of
Lease And Sale Between Jerry Oltremari And Carl Parker,
D/B/A Cajun Cabins, Ltd., On Pleasure Island, And Monica
Momin (Requested By Councilmember Lewis)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Mosely and seconded by Councilmember
Lewis that Proposed Resolution No. 18722 be adopted.
Pleasure Island Director Jimmy Dike appeared before the City Council to answer
inquiries regarding the above-mentioned assignment of lease.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18722:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18722 was adopted becoming Resolution No. 14-609.
The caption of Resolution No. 14-609 reads as follows:
RESOLUTION NO. 14-609
A RESOLUTION RESCINDING RESOLUTION NO.
14-580 IN ITS ENTIRETY AS IT PERTAINS TO
THE ASSIGNMENT OF LEASE AND SALE
BETWEEN JERRY OLTREMARI AND CARL
PARKER, D/B/A CAJUN CABINS, LTD., ON
PLEASURE ISLAND, AND MONICA MOMIN
(REQUESTED BY COUNCILMEMBER LEWIS)
(2) P.R. No. 18723 — A Resolution Rescinding Resolution No.
14-581 In Its Entirety As It Pertains To The Consent Of The
Assignment Of Lease And Sale Between Jerry Oltremari
City Council Minutes 12
Regular Meeting — November 25, 2014
And Patty Oltremari, D/B/A Jep's Island Emporium, On
Pleasure Island, And Monica Momin, Which Included
Authorization For The Renewal Of A Five Year Lease With
An Option To Renew For An Additional Five Year Period
(Requested By Councilmember Lewis)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Lewis and seconded by Councilmember
Mosely that Proposed Resolution No. 18723 be adopted.
Pleasure Island Director Jimmy Dike appeared before the City Council to answer
inquiries regarding the above-mentioned assignment of lease.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18723:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis ` Yes"
Councilmember Mosely "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18723 was adopted becoming Resolution No. 14-610.
The caption of Resolution No. 14-610 reads as follows:
RESOLUTION NO. 14-610
A Resolution Rescinding Resolution No. 14-581
IN ITS ENTIRETY AS IT PERTAINS TO THE
CONSENT OF THE ASSIGNMENT OF LEASE AND
SALE BETWEEN JERRY OLTREMARI AND PATTY
OLTREMARI, D/B/A JEP'S ISLAND EMPORIUM,
ON PLEASURE ISLAND, AND MONICA MOMIN,
WHICH INCLUDED AUTHORIZATION FOR THE
RENEWAL OF A FIVE YEAR LEASE WITH AN
OPTION TO RENEW FOR AN ADDITIONAL FIVE
YEAR PERIOD (REQUESTED BY
COUNCILMEMBER LEWIS)
(5) P.R. No. 18738 — A Resolution Approving The City Of Port
Arthur Section 4A Economic Development Corporation's
First Amended Chief Executive Officer Employment
Agreement With Floyd Batiste
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Frank and seconded by Councilmember Lewis
that Proposed Resolution No. 18738 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18738:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Williamson "No"
Mayor Prince "No"
Proposed Resolution No. 18738 was adopted becoming Resolution No. 14-611.
City Council Minutes 13
Regular Meeting — November 25, 2014
The caption of Resolution No. 14-611 reads as follows:
RESOLUTION NO. 14-611
A RESOLUTION APPROVING THE CITY OF PORT
ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION'S FIRST
AMENDED CHIEF EXECUTIVE OFFICER
EMPLOYMENT AGREEMENT WITH FLOYD
BATISTE
VIII. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.072 Government Code — To Discuss The Value
Of The Land In The City's Extraterritorial Jurisdiction (ETJ)
(2) Section 551.071 Government Code — To Discuss With The
City Attorney Potential Litigation As It Pertains To
Industrial District Agreements
(3) Section 551.074 Government Code — To Deliberate The
Issues Related To The Appointment Of Brian E. McDougal
As City Manager
The City Council recessed their meeting at 10:33 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 12:04 p.m. with
the following members present: Mayor Prince; Councilmembers Scott, Hamilton,
Mosely, Lewis, Williamson and Frank; Interim City Manager Comeaux; City Secretary
Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
(4) P.R. No. 18737 — A Resolution Appointing Brian E.
McDougal As City Manager For The City Of Port Arthur And
Establishing The Terms Of Employment Pursuant To Article
V Of The Charter Of The City Of Port Arthur And Chapter 25
Of The Texas Local Government Code
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmember
Frank that Proposed Resolution No. 18737 be adopted.
The City Attorney read the following Letter of Agreement into the record:
As you are aware, the Charter of the City of Port Arthur provides that the
City Council shall specify the employment conditions for the position of
City Manager. This Letter of Engagement outlines the officer of
employment of the City of Port Arthur.
You will serve as an at-will employee pursuant to Section 25.028 of the
Texas Local Government Code and Article 5 of the City of Port Arthur
Charter. The following terms and conditions will apply:
A. Salary Information
Your salary will be $175,000.00 annually, paid in 26 payroll periods
effective January 19, 2015 and any future COLA and merit increases as
approved by council.
You will be provided a $7,800 per year automobile allowance (Standard
IRS mileage rate beyond 26 miles).
City Council Minutes 14
Regular Meeting — November 25, 2014
B. Vacation, Sick Leave and Holiday Pay
From the first day of employment, you will be credited with two (2) weeks
of vacation, which will be available for your use. You will accrue and earn
four (4) weeks of vacation annually. Thereafter, you will accrue and vest
on a normal schedule according to existing Personnel Policy, e.g., normal
policy accrual is two (2) weeks of vacation at the end of the first year, and
accrual of ten (10) hours of sick leave per month. The City Manager shall
be eligible for all City Holidays as allowed by the City personnel manual.
C. Medical/Dental/Life/AD&D
Your medical, dental, life and AD&D insurance will be effective as of
January 19, 2015.
Per City policy, 100% of the premium for your health insurance coverage
will be paid by the City under its PPO plan, 50% of the premium will be
paid by the City for dependent coverage if you choose to cover your
dependents under the plan ($313.01) for spouse). Optional vision plan
(minimal expense according to standard City of Port Arthur policy).
Also, the City provides $6,000 life insurance and $5,000 AD&D insurance
for you at no cost. Additional optional coverage is available for both you
and your dependents through payroll deductions. You, and your qualified
dependents, will have access to the Employee Health Services Center,
which provides urgent, minor, and wellness care, with no co-pay required.
D. Severance Pay
Should your employment with the City be terminated by for any reason(s),
except for malfeasance in office, the City will pay you a lump sum
payment 12 months of your base salary as severance pay.
E. Retirement
You will be a member of the Texas Municipal Retirement system (TMRS).
Your contributions into the plan will be 5% of your salary and the city will
match that contribution on a 2:1 basis.
Effective January 19, 2015 the City will also contribute an annual amount
of $10,000 to a deferred compensation plan apportioned bi-weekly with
payroll at a mutually agreed upon provider.
F. Business Expense
Standard business expenses will be provided to you via the polices set
forth in the City Personnel Policy. The City will provide you with a cell
phone on an unlimited plan and a laptop computer, or you may be
provided with a $100, 00 cell phone allowance.
G. Membership/Professional Dues
Your membership dues in the International City Managers Association, the
Texas City Managers Association, International Council of Shopping
Centers, and one (1) civic club membership will be paid by the City.
H. Moving Expenses
The City will pay for the costs to search for a residence and moving
expenses in a not to exceed amount of $12,000. Invoices and supporting
documentation must be submitted.
I. Performance Evaluation/Annual Retreats
City Council Minutes 15
Regular Meeting — November 25, 2014
Your performance will be evaluated annually, based on a minimum
acceptable standard of satisfactory or better accomplishments of defined
goals and objectives. However, in the first year of employment you will be
evaluated at the six (6) month service date as well as the noted annual
evaluation.
Retreat:
The City Council, Manager and Staff shall convene in retreat with a
facilitator to determine a list of items and projects to be completed within
ninety (90) days to determine measurable goals and millstones for the
Manager and City staff to accomplish.
J. Starting Date
Your starting date will be January 19, 2015.
K. Drug and Alcohol Policy
You must satisfactorily complete a physical examination regarding your
ability to perform the essential functions of the classification of City
Manager; this examination will include successfully passing drug and
alcohol screening tests.
L. Rights under City Personnel Policy
You will be entitled to all rights and privileges granted under the City's
Personnel Policy that are not in conflict with this Agreement or the City
charter. Said provision of this agreement shall supersede any conflicting
policy provision (except Charter requirements), but only to the extent of
such conflict.
M. Agreement
The Port Arthur city council has the authority to enter into this agreement
for a public purpose. This agreement shall automatically renew unless
modified in writing, and signed by both parties. If at any time the majority
of the Council vote to terminate this agreement, the severance provision
in Section D shall apply.
We fully expect and trust that you will faithfully perform the duties
assigned to you to the best of your ability and will devote your full and
undivided time to the transaction of the City's business.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18737:
Councilmember Frank "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Resolution No. 18737 was adopted becoming Resolution No. 14-612
The caption of Resolution No. 14-612 reads as follows:
RESOLUTION NO. 14-612
A RESOLUTION APPOINTING BRIAN E.
MCDOUGAL AS CITY MANAGER FOR THE CITY
OF PORT ARTHUR AND ESTABLISHING THE
TERMS OF EMPLOYMENT PURSUANT TO
City Council Minutes 16
Regular Meeting — November 25, 2014
ARTICLE V OF THE CHARTER OF THE CITY OF
PORT ARTHUR AND CHAPTER 25 OF The Texas
Local Government Code
B. Ordinances — None
IX. ADJOURNMENT OF MEETING
Upon the motion by Councilmember Mosely, seconded by Councilmember Williamson
and carried unanimously, the City Council adjourned their meeting 12:13 p.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 November 25, 2014.
APPROVED
City Council Minutes 17
Regular Meeting — November 25, 2014