HomeMy WebLinkAboutMINUTES 04/14/2015 REGULAR MEETING REGULAR MEETING — April 14, 2015
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, April 14,
2015 at 8:38 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., Stephen A. Mosely and Robert E. "Bob"
Williamson; City Manager Brian McDougal, 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 8:39 a.m.
Councilmember Willie "Bae" Lewis, Jr. joined the Regular Meeting at 8:42 a.m.
Councilmember Morris Albright, III. was absent from the Regular Meeting.
Councilmember Kaprina Frank was absent from the Regular Meeting.
II. PROCLAMATIONS & MINUTES
Proclamations
Mayor Prince issued the following Proclamations:
April 19 — 25, 2015 as "Crime Victims Rights Week"
April 16, 2015 as "Port Arthur Rotary Club International Avenue of Flags
Day"
April 2015 as "Fair Housing Month"
April 17 — 19 as "Global Youth Service Days"
Minutes — None
III. PETITIONS & COMMUNICATIONS
A. Speakers — None
B. Presentations
(1) Presentation By Emerald Biofuels, LLC Regarding A
Potential Industrial District Agreement/Incentive
The above-mentioned presentation was rescheduled for April 28, 2015.
C. Employee Recognition — None
D. Correspondence
Letter From Kirk Vital
The City Secretary read the following correspondence into the record:
March 30, 2015
Ms. Bellard, as a citizen of Port Arthur, please read my statement into the
minutes of tomorrow's council meeting.
I recently signed a petition supporting a forensic audit of finances at the
City of Port Arthur. There seems to be a perception by some in the
community, this is what our city government needs. My initial reaction
was "Give the people what they want!"
Two recent discrepancies within separate departments have added a lot of
fuel to that fire. After deliberation and closer scrutiny, those incidences
were discovered through normal operating procedures.
It is now my opinion a FORSENSIC AUDIT OF ALL DEPARTMENT would be
JUST TOO COSTLY.
FORENSIC AUDTIS require multiples of time, are designed to detect fraud,
and SHOULD BE RESTRICTED to circumstances where there is a genuine
concern FOR SPECIFIC INSTANCES OF ABUSE.
Otherwise, exploring any other vehicle, such as "AGREED UPON
ENGAGEMENT" or some other effort in most of the audit SHOULD BE
CONSIDERED.
Our city has a lot of infrastructure fix-in to do, let's minimize cost, be
prudent and put focus where it is needed if we are going to follow thru
with this.
Kirk Vital, RPh
IV. PUBLIC HEARINGS — 9:00 AM None
V. UNFINISHED BUSINESS — None
VI. CONSENT AGENDA
The motion was made by Mayor Pro Tem Freeman seconded by Councilmember
Hamilton that the following Consent Agenda items be adopted:
The following roll call vote was taken on the motion to adopt the Consent Agenda:
Mayor Pro Tem Freeman "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "Yes"
Councilmember Mosely "Yes"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
A. Expense Reports:
(1) Judge Kermit Morrison:
Attended TMCEC Annual Regional Judges Seminar
Galveston, TX, February 16-18, 2015 $357.56
B. Resolutions — Consent
(1) P.R. No. 18807 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Houck Transit
Advertising, Of Saint Paul, Minnesota, For Marketing,
Accounting And Client Services To Pursue Program Income
From Advertising Revenues For Port Arthur Transit (PAT)
Proposed Resolution No. 18807 was adopted becoming Resolution No. 15-136.
(2) P.R. No. 18878 - A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Enter Into A Commercial Leasing And Property
Management Services Contract With Hayes Real Estate For
The Property At 501 Procter Street In Port Arthur, Texas
Proposed Resolution No. 18878 was adopted becoming Resolution No. 15-137.
City Council Minutes
Regular Meeting — April 14, 2015
(3) P.R. No. 18891 - A Resolution Authorizing The Utility
Operations Division To Fulfill All Legal Requirements For
The Abandonment Of The 300' Portion Of The 6" Cast Iron
Waterline Located At 548 West 5th Street
Proposed Resolution No. 18891 was adopted becoming Resolution No. 15-138.
(4) P.R. No. 18913 - A Resolution Authorizing The City
Manager And Fire Chief To Transfer Air Monitoring
Equipment To Hardin County And Jefferson County
Proposed Resolution No. 18913 was adopted becoming Resolution No. 15-139.
(5) P.R. No. 18925 — A Resolution Authorizing The City
Manager To Enter Into A Contract With Mansfield Oil
Company Of Gainesville, Inc., Of Gainesville, Georgia, For
The Purchase Of Ultra Low Sulfur Diesel Fuel, In An
Amount Not To Exceed $350,000.00. Funding Is Available
In Transit Account No.(s): 401-1501-561.24-00 And 401-
1506-561.24-00
Proposed Resolution No. 18925 was adopted becoming Resolution No. 15-140.
(6) P.R. No. 18929 — A Resolution Creating An ADA Paratransit
Eligibility Board For Appeals Within Sixty (60) Days Of
Denial Of Riders' Eligibility, In Compliance With The United
States Department Of Transportation
Proposed Resolution No. 18929 was adopted becoming Resolution No. 15-141.
(7) P.R. No. 18931 — A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 18931 was adopted becoming Resolution No. 15-142.
(8) P.R. No. 18934 — A Resolution Authorizing The Purchase Of
Commercial Windstorm Coverage In An Amount Not To
Exceed $332,030.00 Per Annum. Proposed Funding By
General Liability Insurance Fund 612-1702-581.52-00
Proposed Resolution No. 18934 was adopted becoming Resolution No. 15-143.
(9) P.R. No. 18935 — A Resolution Authorizing The City
Manager To Execute Settlement Of A Property Damage
Claim In The Amount Of $5,415.00, Made Against Devin
Marmon And Allstate Insurance Company, As A Result Of
Property Damage To The Fire Station #5 Garage Door
(6099 Lewis Drive)
Proposed Resolution No. 18935 was adopted becoming Resolution No. 15-144.
(10) P.R. No. 18936 — A Resolution Authorizing The City
Manager To Execute Settlement Of The Property Damage
Claim In The Amount Of $5,694.75, Made Against Strike,
LLC, As A Result Of Property Damage To A Water Line
(3401-3801 Redbud Avenue)
Proposed Resolution No. 18936 was adopted becoming Resolution No. 15-145.
(11) P.R. No. 18939 — A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Renew The Contract For Landscaping And Irrigation
Maintenance At The Highway 73 Business Park With
Affordable Lawn & Tractor Service Of Port Arthur, Texas, In
City Council Minutes 3
Regular Meeting —April 14, 2015
An Amount Not To Exceed $10,000.00. EDC Account No.
120-1429-582-59-02
Proposed Resolution No. 18939 was adopted becoming Resolution No. 15-146.
(12) P.R. No. 18940 - A Resolution Awarding The Bid And
Authorizing The Execution Of A Contract For The Purchase
Of Meter Boxes And Lids For The Utility Operations
Department With ACT Pipe & Supply, Of Beaumont, Texas,
In An Annual Not-To-Exceed Amount Of $228,792.25.
Funds Are Available In Account No(s). 414-1621-532.85-00
& 410-1253-532.35-00
Proposed Resolution No. 18940 was adopted becoming Resolution No. 15-147.
(13) P.R. No. 18944 — A Resolution Authorizing The City
Manager To Execute Change Order No. 8 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,
To Modify The Existing Chain Link Fence Around Sabine
Pass Standpipe, Increasing The Contract By $10,880.00, To
A New Contract Amount Of $3,608,402.89, And For A Time
Extension Of Seventeen (17) Days, Due To Weather Delays
In The Month Of March, For A New Date Of Completion,
May 13, 2015. Funding Available In City Account No. 429-
1258-532.59-00, Project No. WSI002
Proposed Resolution No. 18944 was adopted becoming Resolution No. 15-148.
(14) P.R. No. 18945 - A Resolution Approving The Extension Of
An Operation Downtown Grant Agreement Between The
City Of Port Arthur Section 4A Economic Development
Corporation And The Port Arthur Rotary Club To Construct
A Monument Displaying The American And Numerous
Foreign Flags At The Seawall
Proposed Resolution No. 18945 was adopted becoming Resolution No. 15-149.
(15) P.R. No. 18946 - A Resolution Approving A Grant To Annie
Mae Stephenson For The Operation Of A Diner, Cost Will Be
Attributed To The Exterior Renovation And Electrical
Improvements To The Property Located At 520 Houston
Avenue Under The Operation Downtown Site Improvement
Grant Program
Proposed Resolution No. 18946 was adopted becoming Resolution No. 15-150.
(16) P.R. No. 18947 — A Resolution Authorizing The City Of Prot
Arthur Section 4A Economic Development Corporation To
Award A Bid And Enter Into A Contract With ALLCO, Inc.,
For Site Grading And Removal Of Dirt In The Spur 93
Business Park In An Amount Not To Exceed $291,615.60
Proposed Resolution No. 18947 was adopted becoming Resolution No. 15-151.
(17) P.R. No. 18948 - A Resolution Of The City Of Port Arthur,
Texas, In Opposition To A Revenue Cap And Legislative
Interference With Local Services (Requested By Mayor
Prince)
Proposed Resolution No. 18948 was adopted becoming Resolution No. 15-152.
City Council Minutes 4
Regular Meeting —April 14, 2015
(18) P.R. No. 18949 - A Resolution Of The City Council Of The
City Of Port Arthur, Texas, Opposing Senate Bill 343 And
Any Other Legislation Which Would Erode The Authority Of
A Home Rule Municipality; Finding Compliance With The
Open Meetings Law; And Providing An Effective Date Hereof
(Requested By Mayor Prince)
Proposed Resolution No. 18949 was adopted becoming Resolution No. 15-153.
(19) P.R. No. 18951 - A Resolution Authorizing The City
Manager To Execute A Time And Materials Contract
Between The City Of Port Arthur And ALLCO, Inc., Of
Beaumont, Texas, For The Emergency Levee Repairs At
DeQueen Boulevard And Lakeshore Drive, In The Amount
Not To Exceed $475,000.00 Plus Contingency. Funds Are
Available In Sewer Reconstruction Account No. 428-1625-
532.83-00, Project No. 428000 And Drainage Capital
Improvement Account No. 301-1601-591.84-00, Project
No. GO-805
Proposed Resolution No. 18951 was adopted becoming Resolution No. 15-154.
(20) P.R. No. 18952 - A Resolution Authorizing The City
Manager To Execute Change Order No. 3 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 Time Of The Contract By 11
Calendar Days Due To Weather Delays, To A New Term Of
202 Calendar Days, At No Additional Cost
Proposed Resolution No. 18952 was adopted becoming Resolution No. 15-155.
(21) P.R. No. 18953 - A Resolution Authorizing The City
Manager And The City's Health Director To
Execute Memorandums Of Understanding Between The City
Of Port Arthur And The City Of Port Neches, Texas, Queen
Of Vietnam Church, BASF Total Petrochemical, And Port
Neches Independent School District To Support Mass
Measures Designed To Preserve Health And Prevent The
Spread Of Disease During A Public Health Emergency
Proposed Resolution No. 18953 was adopted becoming Resolution No. 15-156.
(22) P.R. No. 18957 — A Resolution Authorizing The City
Manager To Execute Change Order No. 2 (Increasing The
Time By 11 Days) And Change Order No. 3 (Increasing The
Time By 21 Days) To The Contract Between The City Of
Port Arthur And SeTEX Construction Corp. Of Beaumont,
Texas, Due To Unforeseen Weather Conditions, To A New
Term Of 147 Days, At No Additional Cost And To Accept The
Architect's Certificate Of Substantial Completion From The
LaBiche Architectural Group, Inc., For The Improvements
To Lincoln Park, Montrose Park And Lyon's Park
Proposed Resolution No. 18957 was adopted becoming Resolution No. 15-157.
(23) P.R. No. 18958 - A Resolution Authorizing The City
Manager To Execute A Contract Between The City Of Port
Arthur And The Port Arthur American Little League For
Virginia/Sal Grado Field At Pioneer Park
Proposed Resolution No. 18958 was adopted becoming Resolution No. 15-158.
City Council Minutes 5
Regular Meeting —April 14, 2015
(24) P.R. No. 18959 - A Resolution Authorizing The City
Manager To Execute Three (3) Contracts Between The City
Of Port Arthur And Port Acres Little League Organization
For The Use Of Miguez, Girls Softball And Pee Wee Fields At
County Park
Proposed Resolution No. 18959 was adopted becoming Resolution No. 15-159.
(25) P.R. No. 18960 - A Resolution Authorizing The City
Manager To Execute Three (3) Contracts Between The City
Of Port Arthur And The Port Arthur Baseball Association,
For The Use Of City Baseball Fields At Adams Park
Proposed Resolution No. 18960 was adopted becoming Resolution No. 15-160.
(26) P.R. No. 18961 — A Resolution Authorizing The Second Year
(First Renewal) Of A Contract Between The City Of Port
Arthur And H D Supply Of Beaumont, Texas, For The
Purchase Of Repair Clamps, For The Utility Operations
Department, In The Total Not-To-Exceed Amount Of
$134,112.05 Annually. Funds Are Available In Account
No(s). 410-1253-532.35-00 & 410-1255-532.33-00
Proposed Resolution No. 18961 was adopted becoming Resolution No. 15-161.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1) P.R. No. 18938 — A Resolution Appointing And/Or
Reappointing A Member Or Members To The Port Arthur
Civic & Activity Center Commission
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Freeman and seconded by Councilmember
Hamilton that Proposed Resolution No. 18938 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18938:
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. 18938 was adopted becoming Resolution No. 15-162.
The caption of Resolution No. 15-162 reads as follows:
RESOLUTION NO. 15-162
A RESOLUTION APPOINTING AND/OR
REAPPOINTING A MEMBER OR MEMBERS TO
THE PORT ARTHUR CIVIC & ACTIVITY CENTER
COMMISSION
(2) P.R. No. 18954 - A Resolution Appointing And/Or
Reappointing A Member Or Members To The Pleasure
Island Advisory Committee (Requested By Councilmember
Hamilton)
City Council Minutes 6
Regular Meeting —April 14, 2015
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Mayor Pro Tem Freeman and seconded by Councilmember
Hamilton that Proposed Resolution No. 18954 be adopted.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
18954:
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. 18954 was adopted becoming Resolution No. 15-163.
The caption of Resolution No. 15-163 reads as follows:
RESOLUTION NO. 15-163
A Resolution Appointing And/Or Reappointing
A Member Or Members To The Pleasure Island
Advisory Committee (Requested By
Councilmember Hamilton)
B. Ordinances
(1) P.O. No. 6456 - An Ordinance Amending Section 2 Of The
Code Of Ordinances By Adding Section 2-73(A)(2) As It
Pertains To Approval Of The Agenda (Requested By
Councilmember Williamson)
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Williamson and seconded by Mayor Pro Tern
Freeman that Proposed Ordinance No. 6456 be adopted.
The motion was made by Councilmember Williamson and seconded by Mayor Pro Tern
Freeman that Proposed Ordinance No. 6456 be tabled.
The following roll call vote was taken on the motion to table Proposed Ordinance No.
6456:
Mayor Pro Tem Freeman "Yes"
Councilmember Hamilton "Yes"
Councilmember Lewis "No"
Councilmember Mosely "No"
Councilmember Scott "Yes"
Councilmember Williamson "Yes"
Mayor Prince "Yes"
Proposed Ordinance No. 6456 was adopted tabled.
IX. * CLOSED MEETING (EXECUTIVE SESSION)
Closed Meeting:
(1) Section 551.071 Government Code — To Discuss With The
City Attorney Pending Litigation With Daimler Chrysler
City Council Minutes 7
Regular Meeting — April 14, 2015
(2) Section 551.087 Government Code - To Discuss Incentives
For Commercial, Residential, And/Or Industrial Business
Prospects (Pure System International, Ltd.)
(3) Section 551.071 Government Code — To Discuss With The
City Attorney Potential Litigation With John Hall Public
Affairs
The City Council recessed their meeting at 9:08 a.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 11:11 a.m. with
the following members present: Mayor Prince; Mayor Pro Tern Freeman;
Councilmembers Scott, Hamilton, Mosely, Lewis and Williamson; City Manager
McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief
Blanton.
IX. WORKSHOP
(1) Becoming A Certified "Film-Friendly City"
Mayor Pro Tern Freeman gave the above-mentioned presentation.
(2) P.O. No. 6444 — An Ordinance Adopting Guidelines For
Filming In The City Of Port Arthur And Becoming A Certified
"Film Friendly City" (Requested By Mayor Pro Tem
Freeman)
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Mayor Pro Tern Freeman and seconded by Councilmember
Williamson that Proposed Ordinance No. 6444 be adopted.
The motion was made by Mayor Pro Tern Freeman and seconded by Councilmember
Hamilton that Proposed Ordinance No. 6444 be removed from the agenda.
The following roll call vote was taken on the motion to remove Proposed Ordinance No.
6444 from the agenda:
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. 6444 was removed from the agenda.
X. ADJOURNMENT OF MEETING
Upon the motion by Mayor Pro Tern Freeman, seconded by Councilmember Hamilton
and carried unanimously, the City Council adjourned their meeting 1:15 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
City Council Minutes 8
Regular Meeting —April 14, 2015
END OF REGULAR MEETING HELD April 14, 2015.
APPROVED
City Council Minutes 9
Regular Meeting —April 14, 2015