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HomeMy WebLinkAboutMINUTES 11/24/2015 REGULAR MEETING REGULAR MEETING — November 24, 2015 I. INVOCATION, PLEDGE & ROLL CALL Councilmember 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, November 24, 2015 at 8:36 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tern Kaprina Frank; Councilmembers Raymond Scott, Jr., Morris Albright, III., Stephen A. Mosely, Willie "Bae" Lewis, Jr., Osman Swati and Derrick Freeman; 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 8:40 a.m. II. PROCLAMATIONS & MINUTES Proclamations - None III. PETITIONS & COMMUNICATIONS C. Citizen Recognition (1) Presented By The Port Arthur Fire Department Port Arthur Fire Chief Larry Richards and Assistant Fire Marshall Paul Washburn appeared before the City Council and presented N To A. Speakers - None B. Presentations (1) Blaze Holdings, LLC Regarding Tax Abatement Request For Sleep Inn Project Blaze Holdings, LLC Representatives Tri Nguyen and Ann Quach, 1416B Campbell Rd., Houston, Texas gave the above-mentioned presentation. (2) The City Of Port Arthur Regarding The Forensic Audit By The City Manager And Interim Finance Director The City Manager and Finance Director Jerry Dale gave the above-mentioned presentation. D. Correspondence - None IV. PUBLIC HEARINGS — 9:00 AM - None V. UNFINISHED BUSINESS - None VI. CONSENT AGENDA The motion was made by Councilmember Freeman seconded by Councilmember Albright that the following Consent Agenda items be adopted with the exception of Proposed Resolutions No. 19221, 19225 and 19228: The following roll call vote was taken on the motion to adopt the Consent Agenda: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" A. Expense Reports (A1) Councilmember Raymond Scott: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-8, 2015 $2,673.58 (A2) Councilmember Tiffany Hamilton: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-8, 2015 $3,027.90 (A3) Councilmember Willie Lewis: National League Of Cities (NLC) Annual Conference Nashville, TN, November 4-7, 2015 $2,793.58 B. Minutes May 12, 2015 Regular Meeting August 18, 2015 Regular Meeting September 1, 2015 Regular Meeting October 13, 2015 Regular Meeting October 27, 2015 Regular Meeting November 11, 2015 Special Meeting November 16, 2015 Special Meeting November 17, 2015 Joint Special Meeting C. Resolutions — Consent (1) P.R. No. 19075 — A Resolution Authorizing The Expenditure For City Emergency Work On An Existing 24" Waterline Running Along 19th Street, For An Additional $43,365.57, Due To Relocation Of Insert-A-Valves. Funds Available In Account No. 410-1253-532.35-00 Proposed Resolution No. 19075 was adopted becoming Resolution No. 15-412. (3) P.R. No. 19222 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Certificate And Release And Contractor's Certificate Of Guarantee For The Street Improvements Along 10th Street Project, And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas, And Approval Of Final Payment, In The Amount Of $34,454.87. GLO Round 2.1 Program, Project No. 12110T, Account No. 144-1201-532.59-00 Proposed Resolution No. 19222 was adopted becoming Resolution No. 15-413. (4) P.R. No. 19224 — Resolution Approving Water And Sewer Adjustments To Certain Utility Accounts Proposed Resolution No. 19224 was adopted becoming Resolution No. 15-414. (6) P.R. No. 19226 — A Resolution Approving Payment In The Total Amount Of $46,556.10 For The TCEQ Annual Water System Fee For The City Of Port Arthur, Utility Operations City Council Minutes 2 Regular Meeting — November 24, 2015 Department-Water Purification Division Account No. 410- 1252-532.59-01 Proposed Resolution No. 19226 was adopted becoming Resolution No. 15-415. (7) P.R. No. 19227 — A Resolution Authorizing The Emergency Expenditure For The Repairs Of A Loader Assembly (Python Arm) By Heil Of Texas Of Houston, Texas, For The Public Works Solid Waste Division In The Amount Of $31,384.64; Funds Are Available In The Public Works Solid Waste Division Motor Vehicle Maintenance Account No. 403-1272- 533.43-00 Proposed Resolution No. 19227 was adopted becoming Resolution No. 15-416. VII. ITEMS REQUIRING INDIVIDUAL ACTION Consent - Resolutions (2) P.R. No. 19221 — A Resolution Authorizing A Lease Agreement With CDW-G, Through HP Financial Services, For 50 Ticket Writers For The Police Department For The Total Amount Of $88,671.00 Using The TCPN Cooperative Contract, With Monthly Payments Of $1,602.01 For 60 Months; Funding For This Purchase Is Available In Account No. 001-1101-521.42-00 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Swati that Proposed Resolution No. 19221 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. 19221: Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19221 was adopted becoming Resolution No. 15-417 The caption of Resolution No. 15-417 reads as follows: RESOLUTION NO. 15-417 A RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH CDW-G, THROUGH HP FINANCIAL SERVICES, FOR 50 TICKET WRITERS FOR THE POLICE DEPARTMENT FOR THE TOTAL AMOUNT OF $88,671.00 USING THE TCPN COOPERATIVE CONTRACT, WITH MONTHLY PAYMENTS OF $1,602.01 FOR 60 MONTHS; FUNDING FOR THIS PURCHASE IS AVAILABLE IN ACCOUNT NO. 001-1101-521.42- 00 City Council Minutes 3 Regular Meeting — November 24, 2015 (5) P.R. No. 19225 — A Resolution Authorizing The City Manager To Enter Into A Contract With Deztex Industrial Of Port Arthur, Texas, For Improvements To Griffin Park, Herman Park And Rose Hill Park, In The Amount Of $520,984.00. Funds Are Available In PAEDC Account No. 120-1429-582.59-05, Project ED 1307 (84% - $435,000.00), And Parks Account No. 001-1207-531.39-00 (16% -$85,984.00) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Swati and seconded by Councilmember Albright that Proposed Resolution No. 19225 be adopted. EDC Executive Director Floyd Batiste, Dohn LaBich and Interim Parks Director Adam Sanders 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. 19225 Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19225 was adopted becoming Resolution No. 15-418. The caption of Resolution No. 15-418 reads as follows: RESOLUTION NO. 15-418 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DEZTEX INDUSTRIAL OF PORT ARTHUR, TEXAS, FOR IMPROVEMENTS TO GRIFFIN PARK, HERMAN PARK AND ROSE HILL PARK, IN THE AMOUNT OF $520,984.00. FUNDS ARE AVAILABLE IN PAEDC ACCOUNT NO. 120-1429- 582.59-05, PROJECT ED 1307 (84% - $435,000.00), AND PARKS ACCOUNT NO. 001- 1207-531.39-00 (16% -$85,984.00) (8) P.R. No. 19228 — A Resolution Approving Highway 365 Sanitary Sewer Upgrades And Lift Station Rehabilitation The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright and seconded by Councilmember Freeman that Proposed Resolution No. 19228 be adopted. Utility Operations Director Dr. Jimmy Johnson appeared before the City Council to answer inquiries regarding the above-mentioned sanitary sewer upgrades. Mayor Prince mad the following statement for the record: For the record I don't think we are attacking the City Manager. We are making a point about the drainage of areas that we know flood City Council Minutes 4 Regular Meeting — November 24, 2015 constantly. Now if I were attacking you City Manager you would know it. I'm not attacking you sweetheart. I still say we need to look at that in a hurry, in a hurry. So that's for the record and I hope we've captured that everywhere. Councilmember Mosely made the following statement for the record: For the sake of the record and clarification Councilmember mentioned that no one said anything about drainage. Councilmember Mosely has been saying something about drainage since he got on council. He has been talking about sewer problems since he got on Council because he's living with it. So I don't know if he's every been in the area or he has anyone who's called him. But Councilmember Mosely's been dealing with drainage and flooding since he got on Council. Alright? Secondly Councilmember Mosely is not attaching the City Manager he's reminding the City Manager and everyone involved regarding the concerns of the tax payers who have been complaining for the last three years, or two years, and the years I've been on Council. They are not getting representation. They've been left out. Their homes are getting flooded and it's real folks. For you who don't live in a flooded area that don't have to deal with water, fine. You're doing good, your home is dry, your furniture is dry. But for the other people who have to change carpet every time you get a big rain I get a call. City Manager knows he and I have been out there before. Gentleman just about threatened us, me to death with it. Nice homes, these folks supposed in live in one-hundred thousand dollar homes. They don't intend to have carpet pulled out every time it rains and snakes pull out of their homes. Look folks this is for real. And I'm saying when we are developing on the north side of Port Arthur instead of the south side of Port Arthur we're doing the tax payers a disservice. When I came on Council the argument was we're going to do what the tax payers have asked us to do, and flooding and drainage is one of them. Incentive, and I'll be through, incentives. You give an incentive to somebody where they normally would not go. You don't give incentives where everybody is. Make sense? Why give them a million dollars when everybody is there. They'll connect. They'll hook up. If they want to come to south Port Arthur then we give them an incentive. If they don't want to come to south Port Arthur, because that's where you want them to come, they will not to go in those areas because there is no incentive. Councilmember Albright called for a Point of Order as to whether or not Councilmember Lewis should continue his line of discussion. The following roll call vote was taken on the Point of Order as to whether or not Councilmember Lewis should continue his line of discussion: Councilmember Albright "No" Mayor Pro Tern Frank "No" Councilmember Freeman "No" Councilmember Hamilton "No" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "No" Councilmember Swati "No" Mayor Prince "No" The motion was passed that Councilmember Lewis discontinue his line of discussion. The following roll call vote was taken on the motion to adopt Proposed Resolution No. 19228: City Council Minutes Regular Meeting — November 24, 2015 Councilmember Albright "Yes" Mayor Pro Tem Frank "Yes" Councilmember Freeman "Yes" Councilmember Hamilton "Yes" Councilmember Lewis "No" Councilmember Mosely "No" Councilmember Scott "Yes" Councilmember Swati "Yes" Mayor Prince "Yes" Proposed Resolution No. 19228 was adopted becoming Resolution No. 15-419. The caption of Resolution No. 15-419 reads as follows: RESOLUTION NO. 15-419 A RESOLUTION APPROVING HIGHWAY 365 SANITARY SEWER UPGRADES AND LIFT STATION REHABILITATION A. Resolutions - None B. Ordinances (1) P.O. No. 6499 — An Ordinance Rescinding Ordinance No. 13-32 As It Pertains To The Changing Of The Zoning From Two-Family Residential (2F) To Planned Development District No. 36 (PD-36) For A 15.25 Acre Tract Of Land Out Of The Lambert Addition Subdivision, Volume 5, Page 28, M.R.J.C., City Of Port Arthur, Jefferson County, Texas, Being Z13-04 Also Known As "Edison Square" (Requested By Councilmember Lewis) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Lewis and seconded by Councilmember Scott that Proposed Ordinance No. 6499 be adopted. The motion was made by Councilmember Lewis and seconded by Councilmember Scott that Proposed Ordinance No. 6499 be tabled. The following roll call vote was taken on the motion to table Proposed Ordinance No. 6499: Councilmember Albright "No" Mayor Pro Tern Frank "No" Councilmember Freeman "No" Councilmember Hamilton "No" Councilmember Lewis "Yes" Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "No" Mayor Prince "No" The motion to tabled Proposed Ordinance No. 6499 failed. The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6499: Councilmember Albright "No" Mayor Pro Tem Frank "No" Councilmember Freeman "No" Councilmember Hamilton "No" Councilmember Lewis "Yes" City Council Minutes 6 Regular Meeting — November 24, 2015 Councilmember Mosely "Yes" Councilmember Scott "Yes" Councilmember Swati "No" Mayor Prince "No" The motion to adopt Proposed Ordinance No. 6499 failed. VIII. * CLOSED MEETING (EXECUTIVE SESSION) Closed Meeting: (1) Section 551.072 — To Discuss The Value Of The Land Located In The 600 Block Of Procter Street (2) Section 551.074 — To Discuss The Duties And Responsibilities Of The City Manager, City Attorney, City Secretary And The Municipal Court Judge (Requested By Councilmember Lewis And Albright) (3) Section 551.087 — To Discuss Incentives For Commercial, Residential, And/Or Industrial Business Prospects (Ryze Renewables Port Arthur, LLC) The City Council recessed their meeting at 11:03 a.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 12:33 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Frank; Councilmembers Scott, Hamilton, Albright, Mosely, Lewis and Swati; City Manager McDougal; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Blanton. IX. ADJOURNMENT OF MEETING Upon the motion by Councilmember Hamilton, seconded by Councilmember Scott and carried unanimously, the City Council adjourned their meeting 12:34 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 24, 2015. APPROVED City Council Minutes 7 Regular Meeting — November 24, 2015