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HomeMy WebLinkAbout12/09/2014 - DECEMBER 09, 2014 REGULAR MEETING REGULAR MEETING — December 9, 2014 I. INVOCATION, PLEDGE & ROLL CALL Mayor Pro Tern 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, December 9, 2014 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tern Derrick Freeman; Councilmembers Raymond Scott, Jr., Tiffany Hamilton, Morris Alright, III, Stephen A. Mosely, Willie "Bae" Lewis, Robert E. "Bob" Williamson and Kaprina Frank; Interim City Manager John A. Comeaux, P.E., Assistant City Secretary Kelly Moore, City Attorney Valecia R. Tizeno, and Sergeant At Arms Chief of Police Mark Blanton. II. PROCLAMATIONS & MINUTES Proclamations — None Minutes December 1, 2014 Joint Pleasure Island Advisory Board Special Meeting Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tern Freeman and carried unanimously, the City Council approved the above-mentioned minutes. III. ITEMS REQUIRING INDIVIDUAL ACTION (1) P.O. No. 6428 - An Ordinance Of The City Of Port Arthur, Texas Annexing Certain Territory To The City, Including Land Owned By Premcor Refining Group, Inc. (D/B/A Valero Port Arthur Refinery); Making Certain Findings And Provisions Related Thereto, Adopting A Service Plan And Providing For An Effective Date The Mayor introduced the above-mentioned Proposed Ordinance. Councilmember Lewis filed a Conflict of Interest Affidavit with the City Secretary and did not participate in any discussion or action regarding the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Mayor Pro Tern Freeman that Proposed Ordinance No. 6428 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6428: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6428 was adopted becoming Ordinance No. 14-50. The caption of Ordinance No. 14-50 reads as follows: ORDINANCE NO. 14-50 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS ANNEXING CERTAIN TERRITORY TO THE CITY, INCLUDING LAND OWNED BY PREMCOR REFINING GROUP, INC. (D/B/A VALERO PORT ARTHUR REFINERY); MAKING CERTAIN FINDINGS AND PROVISIONS RELATED THERETO, ADOPTING A SERVICE PLAN AND PROVIDING FOR AN EFFECTIVE DATE IV. PETITIONS AND COMMUNICATIONS A. Speakers (1) Christopher Brown Regarding Spring Fling Event Being Held At Pleasure Island Marina May 22 — May 25, 2015 Mr. Christopher Brown, 3315 Mercer Street, Houston, Texas appeared before the City Council to discuss the above-mentioned topic. B. Presentations (1) Interim City Manager John Comeaux: An Update On The Status Of The Workshop Schedule Regarding A Forensic Audit And Processes And Procedures For Industry Communication With The City Of Port Arthur (Requested By Councilmember Mosley) Interim City Manager John A. Comeaux, PA gave the above-mentioned Presentation. V. PUBLIC HEARINGS — 6:00 PM — None VI. UNFINISHED BUSINESS (1) 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. Councilmember Frank filed a Conflict of Interest Affidavit with the City Secretary and did not participate in any discussion or action regarding the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Williamson that Proposed Resolution No. 18703 be adopted. EDC Executive Director Floyd Batiste 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. 18703: Councilmember Albright "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" City Council Minutes 2 Regular Meeting — December 9, 2014 Proposed Resolution No. 18703 was adopted becoming Resolution No. 14-615. The caption of Ordinance No. 14-615 reads as follows: RESOLUTION NO. 14-615 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 (2) 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 Ordinance. Councilmember Frank filed a Conflict of Interest Affidavit with the City Secretary and did not participate in any discussion or action regarding the above-mentioned Proposed Resolution. The motion was made by Councilmember Hamilton and seconded by Councilmember Albright that Proposed Resolution No. 18740 be adopted. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18740: Councilmember Albright "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18740 was adopted becoming Resolution No. 14-616. The caption of Resolution No. 14-616 reads as follows: RESOLUTION NO. 14-616 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 City Council Minutes 3 Regular Meeting — December 9, 2014 VI. CONSENT AGENDA The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Freeman that the following Consent Agenda items be adopted with the exception of Item A. and Proposed Resolution No. 18770: The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright 'Yes" Councilmember Frank "Yes" Mayor Pro Tern Freeman "Yes" Councilmember Hamilton ""Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" A. Resolutions (1) P.R. No. 18679 — A Resolution For The Adoption Of The Revised Paratransit Manual As Mandated By The Federal Transit Administration (FTA) In Accordance With The Rules And Regulations Governing The Americans With Disabilities Act (ADA) And The U.S. Department Of Transportation (DOT) Proposed Resolution No. 18679 was adopted becoming Resolution No. 14-617. (2) P.R. No. 18715 — A Resolution Authorizing The Execution Of An Annual Supply Contract For Tires, Through Buyboard Contract No. 470-14, With Southern Tire Mart Of Beaumont, Texas, In A Not-To-Exceed Amount Of $300,000.00; Charged To Various Departmental Accounts Proposed Resolution No. 18715 was adopted becoming Resolution No. 14-618. (3) P.R. No. 18747 — A Resolution Authorizing The Purchase Of Two (2) 1/2 - Ton Regular Cab Pickup Trucks For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, In The Total Amount Not To Exceed $34,800.00. Funds Are Available In Utility Operations Equipment Replacement Fund Account Nos. 625-1801-532.93-02 And 625-1801-532.93-06 Proposed Resolution No. 18747 was adopted becoming Resolution No. 14-619. (4) P. R. No. 18748 - A Resolution Authorizing A Non- Exclusive Contract With DRD Pat Hotel, LTD D/B/A Holiday Inn — Park Central, As To Provide Services, Supplies, Accommodations, Or Conference Rooms In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 Proposed Resolution No. 18748 was adopted becoming Resolution No. 14-620. (5) P. R. No. 18749 - A Resolution Authorizing A Non-Exclusive Contract With The American Legion Post 7 As To Provide The Use Of Their Facility At 3750 Memorial In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 Proposed Resolution No. 18749 was adopted becoming Resolution No. 14-621. City Council Minutes 4 Regular Meeting — December 9, 2014 (6) P. R. No. 18750 - A Resolution Authorizing A Non-Exclusive Contract With Market Basket As To Provide Groceries And Goods In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 Proposed Resolution No. 18750 was adopted becoming Resolution No. 14-622. (7) P. R. No. 18751 - A Resolution Authorizing A Non- Exclusive Contract With Derrick Oil Company As To Provide Services, Fuel, Lubricants, Tanks, Trucks, Goods, And Equipment At 947 Procter, And 1349 Austin Avenue, In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 Proposed Resolution No. 18751 was adopted becoming Resolution No. 14-623. (8) P. R. No. 18752 - A Resolution Authorizing A Non- Exclusive Contract With Sprint Waste Services, LP, As To Provide Roll-Off Boxes For Garbage, Drinking Water, And Portable Toilets In The Case Of An Emergency Or Disaster With The Term Of The Agreement From January 1, 2015 To December 31, 2017 Proposed Resolution No. 18752 was adopted becoming Resolution No. 14-624. (9) P.R. No. 18753 — A Resolution Authorizing The Purchase Of A F-250 Pickup Truck With A Service Body For The Utility Operations Department From Silsbee Ford, Of Silsbee, Texas, Through Buyboard, In The Total Amount Not To Exceed $26,164.55. Funds Are Available In Equipment Replacement Fund Account No. 625-1801-532.93-05 Proposed Resolution No. 18753 was adopted becoming Resolution No. 14-625. (10) P.R. No. 18754 - A Resolution Calling For A Public Hearing To Consider The Federal Transit Administration's Proposed Award For Operations, Planning, And Capital Projects For Fiscal Year 2014-2015 For Port Arthur Transit (PAT) Proposed Resolution No. 18754 was adopted becoming Resolution No. 14-626. (11) P.R. No. 18756 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And APAC-Texas, Inc., Of Beaumont, Texas, And GLO, For The 10th Street Paving Improvements, Increasing The Contract Amount By $4,876.00, To A New Contract Amount Of $691,007.50. Project No. 12110T, GLO Round 2.1 Account No. 144-1201- 532.59-00 Proposed Resolution No. 18756 was adopted becoming Resolution No. 14-627. (12) P.R. No. 18760 — A Resolution Accepting A Meter Pump Station Easement From Jefferson County, Texas, For The Construction, Installation, Laying, And Maintaining Of Water Utilities On Their Property At Walter Umphrey State Park, Mesquite Point, Port Arthur, Texas Proposed Resolution No. 18760 was adopted becoming Resolution No. 14-628. City Council Minutes 5 Regular Meeting — December 9, 2014 (13) P.R. No. 18761 — A Resolution Authorizing The City Manager To Execute Change Order No. 1 To The Contract Between The City Of Port Arthur And BDS Constructors, LLC, DBA MK Constructors, Of Vidor, Texas, For The Repair Of The 66" RCP Storm Sewer On Shreveport Avenue Between Procter Street And 5th Street, Increasing The Contract Amount By $5,500.00, To A New Contact Amount Of $172,919.00. Project No. GO-805, Account No. 301- 1601-591.84-00. Proposed Resolution No. 18761 was adopted becoming Resolution No. 14-629. (14) P.R. No. 18763 — A Resolution Authorizing The City Manager To Extend The Lease Between The City Of Port Arthur And The Port Arthur Yacht Club Until March 31, 2015 Proposed Resolution No. 18763 was adopted becoming Resolution No. 14-630. (15) P.R. No. 18764 — A Resolution Authorizing The City Manager To Negotiate A Contract Between The City Of Port Arthur And Arceneaux Wilson & Cole, LLC, Of Port Arthur, Texas, For The Construction Phase Services Of An Elevated Storage Tank And Metering Station Proposed Resolution No. 18764 was adopted becoming Resolution No. 14-631. (16) P.R. No. 18767 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Modify The Current Lease Of A Xerox Workcentre Multifunction Printer Through Texas Cooperative Purchasing Network (TCPN) For The Remaining 26 Months At An Additional Cost Of $26.16 Per Month Proposed Resolution No. 18767 was adopted becoming Resolution No. 14-632. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent Items A. Expense Reports Mayor Deloris Prince: Use of Personal Auto For City Business SETRPC Meeting November 19, 2014 Beaumont, TX $27.39 Mayor Pro Tern Derrick Freeman: Attended National League Of Cities Annual Conference November 19-23, 2014 Austin, TX $1,843.04 Councilmember Tiffany Hamilton: Registration For National League Of Cities Annual Conference November, 2014 Austin, TX $435.00 The Mayor introduced the above-mentioned Proposed Item. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Item A. be adopted. City Council Minutes 6 Regular Meeting — December 9, 2014 The following roll call vote was taken on the motion to adopt Proposed Item A.: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" The motion to adopt Proposed Item A. carried. Consent Resolutions (17) P.R. No. 18770 — A Resolution Authorizing A Contract With CDW Government (CDW-G), For The Lease Of Seventy-Five (75) Laptop Computers For Patrol Vehicles Through Texas Cooperative Purchasing Network (TCPN) State Contract In The Annual Amount Of $74,274.18 Per Year, Or Monthly Payments Of $6,320.11 For 48 Months. Funding Is Available In Account No. 001-1101-521.54-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Hamilton that Proposed Resolution No. 18770 be adopted. Port Arthur Police Chief Mark Blanton appeared before the City Council to answer inquiries regarding the above-mentioned lease. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18770: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18770 was adopted becoming Resolution No. 14-633. The caption of Resolution No. 14-633 reads as follows: RESOLUTION NO. 14-633 A RESOLUTION AUTHORIZING A CONTRACT WITH CDW GOVERNMENT (CDW-G), FOR THE LEASE OF SEVENTY-FIVE (75) LAPTOP COMPUTERS FOR PATROL VEHICLES THROUGH TEXAS COOPERATIVE PURCHASING NETWORK (TCPN) STATE CONTRACT IN THE ANNUAL AMOUNT OF $74,274.18 PER YEAR, OR MONTHLY PAYMENTS OF $6,320.11 FOR 48 MONTHS. FUNDING IS AVAILABLE IN ACCOUNT NO. 001-1101-521.54-00 City Council Minutes 7 Regular Meeting — December 9, 2014 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions (1) P.R. No. 18759 — A Resolution Appointing Alternate Members And A Regular Member To The Construction Board Of Adjustments And Appeals The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Freeman that Proposed Resolution No. 18759 be adopted. Code Enforcement Director Lawrence Baker appeared before the City Council to answer inquiries regarding the above-mentioned board. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 18759: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Resolution No. 18759 was adopted becoming Resolution No. 14-634. The caption of Resolution No. 14-634 reads as follows: RESOLUTION NO. 14-634 A RESOLUTION APPOINTING ALTERNATE MEMBERS AND A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS B. Ordinances (1) P. O. No. 6427 - An Ordinance Of The City Of Port Arthur, Texas Suspending The Rates Proposed By Texas Gas Service Company's Gas Reliability Infrastructure Program ("GRIP") Filing Made With The City On November 20, 2014; Finding That The Meeting Complies With The Open Meetings Act; Making Other Findings And Provisions Related To The Subject, And Declaring An Effective Date The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Freeman that Proposed Ordinance No. 6427 be adopted. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6427: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tem Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" City Council Minutes 8 Regular Meeting — December 9, 2014 Councilmember Scott "Yes" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6427 was adopted becoming Ordinance No. 14-51. The caption of Ordinance No. 14-51 reads as follows: ORDINANCE NO. 14-51 AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON NOVEMBER 20, 2014; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE (2) P.O. 6429 — An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397. Proposed Funding Available In Fire Department Budget Account No. 001-1121-522.11-00 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Ordinance No. 6429 be adopted. Human Resource Director Albert Thigpen appeared before the City Council to answer inquiries regarding the above-mentioned agreement. Councilmember Williamson called for a Point of Order for Councilmember Scott to allow staff to respond and treat staff with respect. The following roll call vote was taken on the above-mentioned Point of Order: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tern Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "No" Councilmember Williamson "Yes" Mayor Prince "Yes" Mr. Harold Doucet, 5180 Cambridge, appeared before the City Council to speak regarding the above-mentioned agreement. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6429: Councilmember Albright "Yes" Councilmember Frank "Yes" Mayor Pro Tern Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" City Council Minutes 9 Regular Meeting — December 9, 2014 Councilmember Scott "No" Councilmember Williamson "Yes" Mayor Prince "Yes" Proposed Ordinance No. 6429 was adopted becoming Ordinance No. 14-52. The caption of Ordinance No. 14-52 reads as follows: ORDINANCE NO. 14-52 AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 397. PROPOSED FUNDING AVAILABLE IN FIRE DEPARTMENT BUDGET ACCOUNT NO. 001- 1121-522.11-00 IX. ADJOURNMENT OF MEETING Upon the motion by Mayor Pro Tem Freeman, seconded by Councilmember Williamson and carried unanimously, the City Council adjourned their meeting 6:44 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 December 9, 2014. APPROVED • City Council Minutes 10 Regular Meeting — December 9, 2014