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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