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HomeMy WebLinkAbout(5) SEPTEMBER 10, 2019 REGULAR MEETING REGULAR MEETING — September 10, 2019 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Jones 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, September 10, 2019 at 5:32 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman "Bill" Bartie; Mayor Pro Tem Harold Doucet, Sr.; Councilmembers Cal Jones, Thomas Kinlaw, III, Charlotte Moses and Kaprina Frank; Interim City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Raymond Scott, Jr. was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Proclamations The Mayor issued the following Proclamation(s): (1) September 2019 as "Ovarian Cancer Awareness Month" September 10, 2019 as "Julie Rogers Gift of Life Program Day" October 2019 as "Julie Rogers Gift of Life Month" (2) September 2019 as "National Suicide Prevention Month" III. PETITIONS & COMMUNICATIONS A. Speakers (1) Ernesto Flores Regarding A Project Proposal For The Youth Ernesto Flores, 3901 Platt Avenue, appeared before the City Council to discuss the above-mentioned topic. (2) Greg Richard Regarding What Now? Not present. (3) John Beard, Jr. Regarding Fundamentals Of Progress John Beard, Jr., 501 W. 15th Street, appeared before the City Council to discuss the above-mentioned topic. B. Presentations - None C. Employee Recognition (1) Police Department Interim City Manager Ron Burton recognized the Port Arthur Police Department for the commendation received from the District Attorney's office relative to a recent arrest mad in connection to a 1988 cold case murder. Public Information Officer Cheryl Gibbs appeared before the City Council and read the following commendation into the record: "In conjunction with the Port Arthur Police Department and the Texas Rangers, District Attorney Bob Wortham announces the arrest of Daniel Andrew MacGinnis for the 1988 murder of Patricia Ann Jacobs.On or about October 05, 1988,Jacobs failed to return home from a meeting at the Silver Spur tavern in Hardin County. The next morning her truck was found still parked in the parking lot at the Silver Spur, and she was reported as a missing person to the Hardin County Sheriffs Office. October 6, her lifeless body was found in the Neches River in Port Arthur. An autopsy revealed that she died as a result of drowning, and had sustained trauma to her head and face. The manner of death was listed as"probable homicide."The investigation languished for lack of evidence. In recent months, the Texas Rangers and Port Arthur Police Department discovered items of evidence that were subjected to DNA testing that was not available in 1988. The Texas DPS Crime Lab developed a DNA profile which ultimately matched MacGinnis,who had become a convicted and registered sex offender.An arrest warrant for MacGinnis was obtained and he is now in the Jefferson County Jail under a $1,000,000 bond." "Under the leadership of Chief Tim Duriso, and able assistance from the Texas Rangers, detectives from the Port Arthur Police Department led by Detective Lt. Scott Argo are recognized for outstanding police work in the arrest of MacGinnis and in bringing closure to the family of[Patricia Ann Jacobs] ..." Congratulations,gentlemen Detective Lt. Scott Argo appeared before the City Council to receive recognition for the Police Department. Ms.Jones appeared before the City Council on behalf of the family of Patricia Jacobs to extend their gratitude to the Police Department. D. Correspondence - None E. Discussion - None IV. PUBLIC HEARING(S) - 6:00 PM - None VI. CONSENT AGENDA Upon the motion of Councilmember Frank, seconded by Councilmember Kinlaw and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolution No. 21039: Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. A. Travel Request B. Expense Reports C. Minutes D. Resolutions A. Travel Request — None City Council Minutes Regular Meeting — September 10, 2019 2 B. Expense Reports (B1) Mayor Thurman Bill Bartie: Briefing By The Texas General Land Office Austin, TX August 18 — 20, 2019 $870.98 C. Minutes — None 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 Proposed Resolution No. 20913 was adopted becoming Resolution No. 19-384. (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 15/0413N For Roof Repairs At The JB Matthews Building, In The Amount Of $35,32L53; Funding Available In Account No. 001-1207- 531.39-00 Proposed Resolution No. 21009 was adopted becoming Resolution No. 19-385. (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 Proposed Resolution No. 21015 was adopted becoming Resolution No. 19-386. (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 Proposed Resolution No. 21025 was adopted becoming Resolution No. 19-387. (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 City Council Minutes Regular Meeting — September 10, 2019 3 Extension Of 125 Days Due To An Underestimated Time Needed To Complete The Project At No Extra Cost Proposed Resolution No. 21031 was adopted becoming Resolution No. 19-388. (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 Proposed Resolution No. 21033 was adopted becoming Resolution No. 19-389. (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 Proposed Resolution No. 21035 was adopted becoming Resolution No. 19-390. VII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Jones that Proposed Resolution No. 21039 be adopted. Pleasure Island Advisory Committee Member Susie Chirafis appeared before the City Council to answer inquiries regarding the above-mentioned contract. Pleasure Island Advisory Committee Chairman John Beard appeared before the City Council to answer inquiries regarding the above-mentioned contract. Voting Yes: Mayor Bartie; Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21039 was adopted becoming Resolution No. 19-391. The caption of Resolution No. 19-391 reads as follows: RESOLUTION NO. 19-391 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 City Council Minutes Regular Meeting — September 10, 2019 4 AMOUNT OF $25,600.00. FUNDING AVAILABLE IN ACCOUNT NO. 450-1291-549.32-00 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Resolution No. 20964 was adopted becoming Resolution No. 19-392. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-392 reads as follows: RESOLUTION NO. 19-392 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 A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. City Council Minutes Regular Meeting — September 10, 2019 5 Upon the motion of Mayor Pro Tem Doucet, seconded by Councilmember Jones and carried, Proposed Ordinance No. 6797 was adopted becoming Ordinance No. 19-44. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 19-44 reads as follows: ORDINANCE NO. 19-44 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 A. Resolutions (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 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Jones, seconded by Councilmember Frank and carried, Proposed Resolution No. 21034 was adopted becoming Resolution No. 19-393. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Resolution No. 19-393 reads as follows: RESOLUTION NO. 19-393 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 City Council Minutes Regular Meeting — September 10, 2019 6 AMOUNT OF $46,973.02; FUNDING AVAILABLE IN FIRE DEPARTMENT VEHICLE MAINTENANCE ACCOUNT NO. 001-1121-522.43-00 (3) P.R. No. 21038 — A Resolution Establishing A Charter Advisory Committee With Each Councilmember Appointing Two Members To Said Committee To Make Recommendations To The City Council On Possible Charter Amendments (Requested By Councilmember Moses) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Mayor Pro Tern Doucet that Proposed Resolution No. 21038 be adopted. The motion was made by Councilmember Moses and seconded by Mayor Pro Tern Doucet that Proposed Resolution No. 21038 to allow each Councilmember to appoint two members to said committee. The motion to amend carried. Voting Yes: Mayor Bartie; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21038 was adopted, as amended, becoming Resolution No. 19-394. The caption of Resolution No. 19-394 reads as follows: RESOLUTION NO. 19-394 A RESOLUTION ESTABLISHING A CHARTER ADVISORY COMMITTEE WITH EACH COUNCILMEMBER APPOINTING TWO MEMBERS 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 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Resolution No. 21040 be adopted with the name Dr. Lewis Reid inserted. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. Proposed Resolution No. 21040 was adopted becoming Resolution No. 19-395. City Council Minutes Regular Meeting — September 10, 2019 7 The caption of Resolution No. 19-395 reads as follows: RESOLUTION NO. 19-395 A RESOLUTION NOMINATING A MEMBER AND/OR MEMBERS TO THE BOARD OF DIRECTORS OF THE JEFFERSON CENTRAL APPRAISAL DISTRICT FOR THE 2020 — 2021 TERM A. Ordinances (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Jones and carried, Proposed Ordinance No. 6796 was adopted becoming Ordinance No. 19-45. Voting Yes: Mayor Bartle; Mayor Pro Tem Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 19-45 reads as follows: ORDINANCE NO. 19-45 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 (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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Ordinance No. 6799 be adopted. Subsidiary Motion: I Move That The City Of Port Arthur Adopt And Ratify The Budget For Fiscal Year 2019 - 2020 As It Will Raise More Revenue From Property Taxes Than Last Year's Budget By An Amount Of $2,269,345.00 (12%) And Of That Amount $369.508.00 Is Tax Revenue To Be Raised From New Property Added To The Tax Roll This Year City Council Minutes Regular Meeting — September 10, 2019 8 The motion was made by Councilmember Moses and seconded by Councilmember Frank that the above-mentioned motion be adopted. The following roll call vote was taken to adopt the above-mentioned motion: Mayor Pro Tem Doucet "Yes" Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" The above-mentioned motion carried. Finance Director Kandy Daniel appeared before the City Council to answer inquiries regarding the proposed 2019 - 2020 budget. Main Motion: The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6799: Mayor Pro Tem Doucet "Yes" Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 6799 was adopted becoming Ordinance No. 19-46. The caption of Ordinance No. 19-46 reads as follows: ORDINANCE NO. 19-46 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 (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Jones, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 6800 was adopted becoming Ordinance No. 19-47. City Council Minutes Regular Meeting — September 10, 2019 9 Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 19-47 reads as follows: ORDINANCE NO. 19-47 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 The Mayor introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Moses and seconded by Councilmember Frank that Proposed Ordinance No. 6801 be adopted. Subsidiary Motion: I Move That The Property Tax Rate Be Increased By The Adoption Of A Tax Rate Of 0.792 Per 100 Valuation Which Is Effectively A 9.0651 Percent Increase In The Tax Rate The motion was made by Councilmember Moses and seconded by Councilmember Frank that the above-mentioned motion be adopted. The following roll call vote was taken to adopt the above-mentioned motion: Mayor Pro Tem Doucet "Yes" Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" Councilmember Moses "Yes" Mayor Bartle "Yes" The above-mentioned motion carried. Main Motion: The following roll call vote was taken on the motion to adopt Proposed Ordinance No. 6801: Mayor Pro Tern Doucet "Yes" Councilmember Frank "Yes" Councilmember Jones "Yes" Councilmember Kinlaw "Yes" City Council Minutes Regular Meeting — September 10, 2019 10 Councilmember Moses "Yes" Mayor Bartie "Yes" Proposed Ordinance No. 6801 was adopted becoming Ordinance No. 19-48. The caption of Ordinance No. 19-48 reads as follows: ORDINANCE NO. 19-48 AN ORDINANCE ADOPTING A TAX RATE FOR THE TAX YEAR 2019 (FISCAL YEAR OCTOBER 1, 2019 - SEPTEMBER 30, 2020) (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 The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Moses, seconded by Councilmember Frank and carried, Proposed Ordinance No. 6802 was adopted becoming Ordinance No. 19-49. Voting Yes: Mayor Bartle; Mayor Pro Tern Doucet; Councilmembers Jones, Kinlaw, Moses and Frank. Voting No: None. The caption of Ordinance No. 19-49 reads as follows: ORDINANCE NO. 19-49 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 Upon the motion by Councilmember Moses, seconded by Mayor Pro Tern Doucet and carried unanimously, the City Council adjourned their meeting at 7:07 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 THURMAN "BILL" BARTIE ATTEST: City Council Minutes Regular Meeting — September 10, 2019 11 CITY SECRETARY SHERRI BELLARD END OF REGULAR MEETING HELD . APPROVED: City Council Minutes Regular Meeting — September 10, 2019 12