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HomeMy WebLinkAboutSEPTEMBER 10, 2019 REGULAR MEETING 5:30 PM THURMAN BILL BAR HE,MAYOR Ene,p. RON BURTON HAROLD DOICET,SR.MAYOR PRO TEM City of City INTERIM CITY MANAGER COUNCIL MEMBERS: J SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. � CIT1 SECRETAR1 CALJ.JONES or! rlhur THOMAS J. KINLAW III VAL TIZENO CHARLOTTE MOSES it ‘,/s CITY ATTORNEY K U'RIN:1 FRANK AG E N DA City Council Regular Meeting September 10, 2019 5 :30 p. m . In compliance with the Americans With Disabilities Act, the City of Port Arthur will provide for reasonable accommodations for persons attending City Council meetings. To better serve you, requests should be received 24 hours prior to the meeting. Please contact the City Secretary's Office, at (409) 983-8115. City Council Meeting City Hall Council Chamber City Of Port Arthur September 10, 2019 5:30 PM PLEASE TURN OFF OR MUTE ALL MOBILE DEVICES I. INVOCATION, PLEDGE & ROLL CALL Mayor Bartie Mayor Pro Tern Doucet, Sr. Councilmember Scott, Jr. Councilmember Jones Councilmember Kinlaw, III Councilmember Moses Councilmember Frank Interim City Manager Burton City Secretary Bellard, TRMC City Attorney Tizeno Police Chief Duriso Or Designee II. PROCLAMATIONS Proclamations III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ernesto Flores Regarding A Project Proposal For The Youth (2) Greg Richard Regarding What Now? (3) John Beard, Jr. Regarding Fundamentals Of Progress B. Presentations — None C. Employee Recognition (1) Police Department D. Correspondence — None AGENDA SEPTEMBER 10, 2019 III. PETITIONS & COMMUNICATIONS — CONTINUED E. Discussion — None IV. PUBLIC HEARINGS — 6:00 P.M. — NONE V. UNFINISHED BUSINESS — NONE VI. CONSENT AGENDA NOTICE TO THE PUBLIC: The Following Items Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With Background And Support Material On Each Item, And/Or It Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Unless Requested By A Council Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items Not Requiring Separate Discussion Have Been Acted Upon. A. Travel Request — None B. Expense Reports (B1) Mayor Thurman Bill Bartle: Briefing By The Texas General Land Office Austin, TX August 18 — 20, 2019 $870.98 C. Minutes — None 2 AGENDA SEPTEMBER 10, 2019 VI. CONSENT AGENDA — CONTINUED D. Resolutions (1) P.R. No. 20913 — A Resolution Authorizing Acceptance Of The Engineer's Certificate Of Completion, Contractor's Affidavit Of Payments Of Debts And Claims, Contractor's Certificate And Release, Contractor's Certificate Of Guarantee For The Lakeshore Drive Roadway Pavement Project Phase I From 4186 To 4300 Lakeshore Drive; Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas; And Notification Of Payment Due From Excavation & Construction, LLC Of Port Arthur, Texas, In The Amount Of $1,122.70 (2) P.R. No. 21009 — A Resolution Authorizing The City Manager To Enter Into A Contract With SETEX Facilities & Maintenance, LLC Of Beaumont, Texas Through Choice Partners Cooperative Contract Number 15/041JN For Roof Repairs At The JB Matthews Building, In The Amount Of $35,321.53; Funding Available In Account No. 001-1207-531.39-00 (3) P.R. No. 21015 — A Resolution Authorizing The City Manager To Release The Retainage To Hampshire Roofing Co, LLC Of Lumberton, Texas For Renovations To Rose Hill Manor In The Amount Of $3,412.50; Funding Available From Hotel Occupancy Tax Account No. 140-1405-551.59-00, Project No. M97908 (4) P.R. No. 21025 — A Resolution Authorizing The City Manager To Execute A Supplemental Deed Of Trust Between Tender Loving Care Center For Children, (TLCCC) D/B/A Legacy Community Development Corporation (Legacy CDC) As Grantor, And The Texas State Affordable Housing Corporation, (TSAHC) As Beneficiary (5) P.R. No. 21031 — A Resolution Authorizing The City Manager To Extend The Contract End Date Between The City Of Port Arthur And Hoopla Advertising Of Port Arthur, Texas For The Fats, Oils, And Grease Advertising Campaign, Extending The Duration Of The Contract With A Time Extension Of 125 Days Due To An Underestimated Time Needed To Complete The Project At No Extra Cost AGENDA SEPTEMBER 10, 2019 VI. CONSENT AGENDA — CONTINUED (6) P.R. No. 21033 — A Resolution Authorizing The City Manager To Execute The Second Year (First Renewal) Of The Contract With Diamond Shine Building Service, For Janitorial Services For The Health Department In The Not To Exceed Amount Of $68,475.00 Annually; Funds Are Budgeted In The Proposed FY 2020 Other Contractual Account No. 001-1301-541.59-00 (7) P.R. No. 21035 — A Resolution Calling For A Public Hearing To Consider Granting A Permit For The Drilling Of An Oil And Gas Well, Requested By Aspect Energy, LLC (8) P.R. No. 21039 — A Resolution Amending Resolution No. 18-476 As It Pertains To A Contract With SpawGlass Construction Corp. Of Beaumont, Texas For Repairs To Pleasure Island Golf Club House In An Amount Of $25,600.00. Funding Available In Account No. 450-1291-549.32-00 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT A. Resolutions — Non-Consent (1) P.R. No. 20964 — A Resolution Authorizing The City Manager To Enter Into A Five-Year Software Service Agreement With Tyler Technologies Of Dallas, Texas For The Purchase And Implementation Of An Enterprise Resource Planning (ERP) System And Municipal Court System For An Amount Of $3,798,385.80. Funds Allocated To Capital Improvement Account No. 307-1601- 591-92-00 And Contingent Upon The Passage Of P. O. No. 6797 Establishing A Sinking Fund (2) P.R. No. 21034 — A Resolution Authorizing The City Manager To Approve Repairs To The Fire Department's Ladder Truck (#1590) With Siddons-Martin Emergency Group Of Port Arthur, Texas In The Estimated Amount Of $46,973.02; Funding Available In Fire Department Vehicle Maintenance Account No. 001-1121-522.43-00 4 AGENDA SEPTEMBER 10, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (3) P.R. No. 21038 — A Resolution Establishing A Charter Advisory Committee With Each Councilmember Appointing One Member To Said Committee To Make Recommendations To The City Council On Possible Charter Amendments (Requested By Councilmember Moses) (4) P.R. No. 21040 — A Resolution Nominating A Member And/Or Members To The Board Of Directors Of The Jefferson Central Appraisal District For The 2020 — 2021 Term B. Ordinances — Non-Consent (1) P.O. No. 6796 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 By $51,500.00 For The General Fund, By $574,000 For The Capital Reserve Fund, By $1,200,000.00 For The Water And Sewer Fund, And By $200,000.00 For The Solid Waste Fund (2) P.O. No. 6797 — An Ordinance Of The City Council Of The City Of Port Arthur, Texas, Establishing A Sinking Fund For The Funding Of The Five Year Software Service Agreement With Tyler Technologies Of Dallas, Texas For The Purchase And Implementation Of An Enterprise Resource Planning (ERP) System And Municipal Court System; Providing For The Levying And Collection Of A Sufficient Tax To Pay The Agreed Amount On Such Obligation; Pledging Such For The Payment Of Said Amount; Containing Other Incidental And Related Matters; Providing A Severability Clause; Repealing All Conflicting Ordinances; And Providing An Effective Date (3) P.O. No. 6799 — An Appropriation Ordinance Adopting A Budget For The Ensuing Fiscal Year Beginning October 1, 2019 And Ending September 30, 2020, In Accordance With Section 7, Article XII Of The Charter Of The City Of Port Arthur ** A Separate Ratification Vote Is Required Pursuant To 102.007 Of The Texas Local Government Code With Regard To The Adoption Of The Budget 5 AGENDA SEPTEMBER 10, 2019 VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT — CONTINUED (4) P.O. No. 6800 — An Appropriation Ordinance Approving And Adopting A Budget For The City Of Port Arthur Section 4A Economic Development Corporation For The Ensuing Fiscal Year Beginning October 1, 2019 And Ending September 30, 2020 In Accordance With Section 12.03 Of The Bylaws Of The Corporation (5) P.O. No. 6801 — An Ordinance Adopting A Tax Rate For The Tax Year 2019 (Fiscal Year October 1, 2019 - September 30, 2020) ** A Specific Motion To Adopt A Tax Rate That Exceeds The Effective Tax Rate Is Required Pursuant To 26.05 Of The Texas Tax Code (6) P.O. No. 6802 — An Ordinance Approving The 2019 Tax Roll For The Use And Support Of The Municipal Government Of The City Of Port Arthur; And Providing For The Interest And Sinking Fund And Apportioning Each Levy For A Specific Purpose VIII. ADJOURNMENT OF MEETING *************************************************** NOTE: If The Meeting Extends Past 11:59 PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30 AM On September 11, 2019. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, All In Accordance With The Open Meetings Law *************************************************** 6 RULES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS 1. Recognition by Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. 2. Speaking Procedure; Limitation on discussion and questioning. Each person addressing the Council shall step up to the microphone provided for the use of the public and give his name and address in an audible tone of voice for the records,state that subject he wishes to discuss,state whom he is representing if he represents an organization or other person, and unless further time is granted by majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, whether directly or through a member of the Council, without the permission of the Presiding Officer. 3. Improper References, Disorderly Conduct By Person Addressing The Council Any person making, expressly or impliedly, personal, impertinent, slanderous, derogatory, discourteous, snide, or profane remarks or who willfully utters loud, threatening or abusive language, or engages, in any disorderly conduct which would impede, disrupt, or disturb the orderly conduct, the order by the Presiding Officer, and if such conduct continues, may, at the discretion of the Presiding Officer, be ordered barred from further audience before the Council during that Meeting. 4. Addresses After Motion Made or Public Hearing Closed. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by majority vote of the City Council. 5. Campaign Speeches Prohibited. No persons will be allowed to address the City Council by making campaign speeches for or against any candidate who has announced or does announce his intention to run, or issue already ordered on a ballot for election. 6. Disorderly Conduct. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplemental Lighting. Limitations on use of supplemental lighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and/or discomfort to the public. 8. Persons Having Complaints, Allegations, or Charges Against Individual City Employees. No person shall make any complaint, specific allegation, or charge against an individual City Employee by name in a public meeting unless he first shows that he has pursued appropriate administrative channels. ENFORCEMENT OF DECORUM Warning.All persons shall at the request of the Presiding Officer, be silent. Removal.If,after receiving a warning from the Presiding Officer,a person persists in disturbing the meeting, such Officer may order him to remove himself from the meeting. If he does not remove himself,the Presiding Officer may order the Sergeant-at-arms to remove him. Resisting Removal.Any person who resists removal by the Sergeant-at-arms shall be charged with violating V.T.C.A, Penal Code 42.05. Motions To Enforce.Any Councilmember may move to require the Presiding Officer to enforce this division,and the affirmative vote of a majority of the Council shall require him to do so. RULES OF PROCEDURE The City Secretary shall make public, in accordance with the Texas Open Meetings Law, an agenda containing all business to be discussed at a meeting of the City Council. Persons Requesting To Be Heard On Agenda Items(1) Residents. Any resident who wishes to address the Council on any matter may do so by notifying the City Secretary in accordance with the Texas Open Meetings Law. (2) Nonresidents. Any nonresident wishing to address the Council shall notify the City Secretary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding Officer for approval before placing the name on the Agenda. Specific Agenda Items. After a motion, second and discussion by the City Council on any specific agenda item, and before a vote is taken, the Presiding Officer shall recognize any citizen in the audience wishing to address the council on such item, who shall be permitted to address the Council thereon for a period of three (3) minutes."Specific Agenda Items"are defined as any item specified on the Notice of Meeting posted for purposes of the Texas Open Meetings Law and which becomes the subject of a motion before the Council.