HomeMy WebLinkAbout(1) DECEMBER 23, 2014 REGULAR MEETING REGULAR MEETING — December 23, 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,
December 23, 2014 at 8:30 a.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., Morris Albright, III, Willie "Bae" Lewis,
Jr., 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 Tiffany Hamilton joined the Regular Meeting at 8:30 a.m.
Councilmember Stephen A. Mosely joined the Regular Meeting at 8:42 a.m.
II. PROCLAMATIONS & MINUTES
Proclamations
The Mayor issued the following Proclamation:
December 23, 2014 at Master Gunnery Sargent Griffin Day
Minutes — None
III. *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) (Premcor
Refining Group, Inc.Nalero)
(2) Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As It Pertains To Industrial District
Agreements (Premcor Refining Group, Inc.Nalero
The City Council recessed their meeting at 8:47 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 10:05 a.m. with
the following members present: Mayor Prince; Mayor Pro Tern Freeman;
Councilmembers Scott, Hamilton, Albright, 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
(1) P.R. No. 18769 — A Resolution Authorizing The Execution Of An
Industrial District Agreement Between The City Of Port Arthur
And The Premcor Refining Group, Inc.
The Mayor introduced the above-mentioned Proposed Resolution.
Councilmember Lewis filed a Conflict of Interest Affidavit with the City Secretary and did
not participate in the discussion or action regarding the above-mentioned Proposed
Resolution.
The motion was made by Councilmember Albright and seconded by Mayor Pro Tem
Freeman that Proposed Resolution No. 18769 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18769:
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 Resolution No. 18769 was adopted becoming Resolution No. 14-635.
The caption of Resolution No. 14-635 reads as follows:
RESOLUTION NO. 14-635
A RESOLUTION AUTHORIZING THE EXECUTION
OF AN INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND THE
PREMCOR REFINING GROUP, INC.
(2) P.O. No. 6432 — An Ordinance Repealing Ordinance No. 14-
50 Annexing Certain Territory To The City, Including Land
Owned By Premcor Refining Group, Inc. (D/B/A Valero Port
Arthur Refinery)
The City Manager introduced the above-mentioned Proposed Ordinance
Councilmember Lewis filed a Conflict of Interest Affidavit with the City Secretary and did
not participate in discussion or action taken on the above-mentioned Proposed
Ordinance.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6432:
Councilmember Albright "Yes"
Councilmember Frank "Yes"
Mayor Pro Tern Freeman "Yes"
Councilmember Hamilton "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6432 was adopted becoming Ordinance No. 14-53.
The caption of Proposed Ordinance No. 14-53 reads as follows:
ORDINANCE NO. 14-53
An Ordinance Repealing Ordinance No. 14-50
Annexing Certain Territory To The City,
Including Land Owned By Premcor Refining
Group, Inc. (D/B/A Valero Port Arthur
Refinery)
V. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
City Council Minutes 2
Regular Meeting — December 23, 2014
(1) Grants Program Administrator, Mary Essex, Regarding
CDBG Applicants
Grants Manager Mary Essex gave the above-mentioned presentation.
C. Employee Recognition — None
D. Correspondence — None
VI. Public Hearings — 9:00 a.m. None
VI. Unfinished Business — None
VIII. CONSENT AGENDA
The motion was made by Councilmember Williamson seconded by Mayor Pro Tern
Freeman that the following Consent Agenda items be adopted:
Councilmember Albright left the meeting.
The following roll call vote was taken on the motion to adopt the Consent Agenda:
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. Expense Reports:
(1) Councilmember Robert Williamson:
Attended National League Of Cities Annual Conference
November 19-23, 2014
Austin, TX $2,258.92
(2) Interim City Manager John A. Comeaux:
Attended Ergo Conference
December 2-5, 2014
Las Vegas, NV $1,626.38
A. Resolutions — Consent
(1) P.R. No. 18677 — A Resolution Authorizing The Execution
Of A Homebuyer's Written Agreement For The Down
Payment Assistance And Closing Fees Associated With The
Purchase Of 1947 9th Street, Port Arthur, Texas, Through
The City's Homebuyer's Assistance Program
Proposed Resolution No. 18677 was adopted becoming Resolution No. 14-636.
(2) P.R. No. 18721 — A Resolution Authorizing The City
Manager To Enter Into A Contract With A To Z Tire &
Battery, Inc., Of Amarillo, Texas, For The Purchase Of
B305/70R22.5 Tires For The Transit Department, In An
Amount Not To Exceed $100,000.00. Funding Is Available
In Transit Maintenance Account No. 401-1502-561.43-00
Proposed Resolution No. 18721 was adopted becoming Resolution No. 14-637.
City Council Minutes 3
Regular Meeting — December 23, 2014
(3) P.R. No. 18766 - A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Enter Into A Contract With Labiche Architectural Group,
Inc., Of Beaumont, Texas, For The Design Of A Park For
The PAEDC Spur 93 Business Park, In An Amount Not To
Exceed $3,000.00. EDC Account No. 120-1429-582.59-02
Proposed Resolution No. 18766 was adopted becoming Resolution No. 14-638.
(4) P.R. No. 18768 - A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation
To Enter Into A Second And Final Year Renewal Of The
Contract For Landscaping And Irrigation Maintenance At
The Spur 93 Business Park With Affordable Lawn & Tractor
Service Of Port Arthur, Texas, In An Amount Not To Exceed
$28,500.00. EDC Account No. 120-1429-582.59-02
Proposed Resolution No. 18768 was adopted becoming Resolution No. 14-639.
(5) P.R. No. 18774 — A Resolution Authorizing Acceptance Of
The Engineer's Certificate Of Completion, Contractor's
Certificate And Release, And Contractor's Certificate Of
Guarantee For The Tunnel Demolition, Back Fill, And
Sidewalk Replacement Adjacent To 501 Procter Street And
Authorizing The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas,
And To Make Final Payment To The Contractor In The Total
Amount Of $2,250.00. EDC Account No. 120-1429-582.59-
05
Proposed Resolution No. 18774 was adopted becoming Resolution No. 14-640.
(6) P.R. No. 18776 — A Resolution Approving The Demolition
And Clearance Of Fifty-Five (55) Dilapidated Residential
Properties That Were Damaged As A Result Of Hurricane
Ike, And Declaring Them Slum & Blight. The Texas General
Land Office (GLO) Will Allocate Funding For The Activities
Proposed Resolution No. 18776 was adopted becoming Resolution No. 14-641.
(7) P.R. No. 18777 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 18777 was adopted becoming Resolution No. 14-642.
(8) P.R. No. 18778 — A Resolution As It Pertains To Requesting
Bills To Be Adopted By The Texas Legislature
Proposed Resolution No. 18778 was adopted becoming Resolution No. 14-643.
(9) P.R. No. 18782 — A Resolution Authorizing The City
Manager To Execute Change Order No. 6 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,
In An Amount Not To Exceed $79,675.00, Increasing The
Contract Amount to $3,597,522.89 and Contract Time By
11 Days, To A New Contract Time Of 305 Days. Project No.
WSI002, Account No. 429-1258-532.59-00
Proposed Resolution No. 18782 was adopted becoming Resolution No. 14-644.
(10) P.R. No. 18783 — A Resolution Authorizing The City
Manager To Execute Change Order No. 8, Between The City
City Council Minutes 4
Regular Meeting — December 23, 2014
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 $53,614.40, Increasing The Contract Amount To
$3,446,001.40, And A Time Extension Of Four (4) Days,
Increasing The Contract Time To 399 Days. Utility
Operations Account No. 429-1258-532.59-00, Project No.
WSI003
Proposed Resolution No. 18783 was adopted becoming Resolution No. 14-645.
(11) P.R. No. 18784 — A Resolution Authorizing An Amendment
To Resolution No. 14-500 For Emergency Expenditure For
Removal Of Vegetation Form The Montrose Retention Pond
From Mcllivain Enterprises, Inc., Of Winnie, Texas,
Increasing The Payment By $16,205.00 To A New Total Of
$70,490.00. Funding Are Available In Public Work's Capital
Improvement Account No. 301-1601-591.84-00, Project
No. GO-805
Proposed Resolution No. 18784 was adopted becoming Resolution No. 14-646.
(12) P.R. No. 18786 — A Resolution Authorizing The Execution
Of A Contract Between The City Of Port Arthur And Mitchell
Fontenote, CPA, For The Provision Of Accounting Services
For The Finance Department In An Amount Not To Exceed
$35,000.00, And Increasing The Blanket Purchase Order
For The Existing Contract By $10,000.00. Funding
Available In Finance Account No. 001-1032-515.54-00
Proposed Resolution No. 18786 was adopted becoming Resolution No. 14-647.
(13) P.R. No. 18789 — A Resolution Authorizing The City
Manager To Enter Into An Agreement With The Labiche
Architectural Group, Inc., For The Provision Of Boardwalk
Park Assessment And Maintenance Plan, In A Not-To-
Exceed Amount Of $3,000.00. Funding Available In
Department Of Parks And Recreation Account No. 001-
1207-531.54-00
Proposed Resolution No. 18789 was adopted becoming Resolution No. 14-648.
(14) P.R. No. 18792 — A Resolution Authorizing The City
Manager To Enter Into A Purchase Agreement With
Motorola Solutions, Inc., Of Farmers Branch, Texas, With
Houston-Galveston Area Council (H-GAC) Pricing, For Radio
System Tower And Upgrades, In The Not-To-Exceed
Amount Of $1,509,000.00. Funds Are Available In Account
Number No. 107-1118-521.92-00, Project No. PS0021
Proposed Resolution No. 18792 was adopted becoming Resolution No. 14-649.
VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT
Consent Resolutions
(1) P.R. No. 18762 — A Resolution Awarding The Bid And
Authorizing The Execution Of A Contract For The Sabine
Neches Waterway Direct Pipe Project With Strike, L.L.C., Of
The Woodlands, Texas, Not To Exceed $16,414,828.00,
Account No. 429-1258-532.59-00, Project No. WSI004
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes
Regular Meeting — December 23, 2014
The motion was made by Councilmember Scott and seconded by Councilmember
Williamson that Proposed Resolution No. 18703 be adopted.
Mr. Paul Sparkman and Larry Cole appeared before the City Council to answer inquiries
regarding the above-mentioned contract extension.
Councilmember Albright returned to the Regular Meeting.
Joe Wilson of Arceneaux, Wilson and Cole, 2901 Turtle Creek Drive, appeared before
the City Council to answer inquiries regarding the above-mentioned contract extension.
The following roll call vote was taken on the motion to table Proposed Resolution No.
18762:
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. 18762 was adopted, becoming Resolution No. 14-650.
The caption of Resolution No. 14-650 reads as follows:
RESOLUTION NO. 14-650
A RESOLUTION AWARDING THE BID AND
AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE SABINE NECHES
WATERWAY DIRECT PIPE PROJECT WITH
STRIKE, L.L.C., OF THE WOODLANDS, TEXAS,
NOT TO EXCEED $16,414,828.00, ACCOUNT NO.
429-1258-532.59-00, PROJECT NO. WSI004
(2) P.R. No. 18765 — A Resolution Approving A Community Pre-
Employment Agreement Between The City Of Port Arthur
Section 4A Economic Development Corporation And Team
Fabricators, LLC, In An Amount Not To Exceed $156,000.00
For Training Of Twenty-Four (24) Port Arthur Residents
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Mayor Pro Tem
Freeman that Proposed Resolution No. 18765 be adopted.
EDC Executive Director Floyd Batiste appeared before the City Council to answer
inquiries regarding the above-mentioned agreement.
The motion was by Councilmember Williamson and seconded by Mayor Pro Tern
Freeman that Proposed Resolution No. 18765 be amended as follows:
Add language contingent upon Team Fabricators agreeing to the terms of
the resolution and a signature fixed thereto.
The following roll call vote was taken on the motion to amend Proposed Resolution No.
18765:
Councilmember Albright "Yes"
Councilmember Frank "Yes"
Mayor Pro Tem Freeman "Yes"
City Council Minutes 6
Regular Meeting — December 23, 2014
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
The following roll call vote was taken on the motion to amend Proposed Resolution No.
18765:
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"
Proposed Resolution No. 18765 was adopted, as amended, becoming Resolution No.
14-6510.
The caption of Resolution No. 14-651 reads as follows:
RESOLUTION NO. 14-651
A RESOLUTION APPROVING A COMMUNITY
PRE-EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION AND
TEAM FABRICATORS, LLC, IN AN AMOUNT NOT
TO EXCEED $156,000.00 FOR TRAINING OF
TWENTY-FOUR (24) PORT ARTHUR RESIDENTS
(3) P.R. No. 18787 — A Resolution Authorizing The City
Manager To Execute A Memorandum Of Understanding
With Lamar State College Port Arthur
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tern Freeman and seconded by Councilmember
Williamson that Proposed Resolution No. 18787 be adopted.
Councilmember Albright left the Regular Meeting.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18787:
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. 18787 was adopted becoming Resolution No. 14-652.
The caption of Resolution No. 14-652 reads as follows:
RESOLUTION NO. 14-652
City Council Minutes
Regular Meeting — December 23, 2014
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH LAMAR STATE
COLLEGE PORT ARTHUR
B. Ordinances
(1) P.O. No. 6416 — An Ordinance Authorizing The City
Manager To Execute Settlement Of An Automobile Physical
Damage Claim In The Amount Of $6,589.00 Made Against
Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Property Damage To Police
Vehicle #1704
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tem Freeman and seconded by Councilmember
Williamson that Proposed Ordinance No. 6416 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6416:
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 Ordinance No. 6416 was adopted becoming Ordinance No. 14-54.
The caption of Ordinance No. 14-54 reads as follows:
ORDINANCE NO. 14-54
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE SETTLEMENT OF AN
AUTOMOBILE PHYSICAL DAMAGE CLAIM IN
THE AMOUNT OF $6,589.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (TML) AS A
RESULT OF THE PROPERTY DAMAGE TO POLICE
VEHICLE #1704
(2) P.O. No. 6430 — An Ordinance Authorizing The City
Manager To Do All Things Necessary To Execute Settlement
Of A Claim In The Amount Of $58,666.00 Made Against
Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Property Damage To The City
Landfill Compactor #1615
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tem Freeman and seconded by Councilmember
Williamson that Proposed Ordinance No. 6430 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6430:
Councilmember Frank "Yes"
Mayor Pro Tem Freeman "Yes"
Councilmember Hamilton "Yes"
City Council Minutes i;
Regular Meeting — December 23, 2014
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6430 was adopted becoming Ordinance No. 14-55.
The caption of Ordinance No. 14-55 reads as follows:
ORDINANCE NO. 14-55
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EXECUTE SETTLEMENT OF A CLAIM IN THE
AMOUNT OF $58,666.00 MADE AGAINST TEXAS
MUNICIPAL LEAGUE INTERGOVERNMENTAL
RISK POOL (TML) AS A RESULT OF THE
PROPERTY DAMAGE TO THE CITY LANDFILL
COMPACTOR #1615
(3) P.O. No. 6431 — An Ordinance Authorizing The City
Manager To Execute Settlement Of An Automobile Physical
Damage Claim In The Amount Of $4,843.00 Made Against
Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Property Damage To Police
Vehicle #1762
The Mayor introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Scott and seconded by Councilmember Frank
that Proposed Ordinance No. 6431 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
6431:
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"
Proposed Ordinance No. 6431 was adopted becoming Resolution No. 14-56.
The caption of Ordinance No. 14-56 reads as follows:
ORDINANCE NO. 14-56
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE SETTLEMENT OF AN
AUTOMOBILE PHYSICAL DAMAGE CLAIM IN
THE AMOUNT OF $4,843.00 MADE AGAINST
TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (TML) AS A
RESULT OF THE PROPERTY DAMAGE TO POLICE
VEHICLE #1762
IX. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tern Freeman, seconded by Councilmember Hamilton
and carried unanimously, the City Council adjourned their meeting 11:25 a.m.
City Council Minutes 9
Regular Meeting — December 23, 2014
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 23, 2014.
APPROVED
City Council Minutes 10
Regular Meeting — December 23, 2014