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Home My WebLink About07-01-08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR JACK CI~ATMAN, JR., MAYOR PRO TEM COUNCIL MEMBERS: ELIZABETH "LIZ"SEGLER MORRIS ALBRIGHT, III MARTIN FLOOD JOHN BEARD, ~R. ROBERT E. WILLIAMSON D. KAY WISE MICHAEL "SHANE" SINEGAL • • 1 ouncl . e u ar ee In u~ ~ : .m. STEPHEN FITZGIBBONS CITY MANAGER TERRI HANKS ACTING CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY In com liance with the Americans With Disabilities Act, tbe p ' f Port Arthur will rovide for reasonable C1 o p ~ ~ mmodations for ~~~ ~ ersons attendin~ ~ Ci~ ~ Council acco . ~y p g ' ~ received 24 meetln- s. To better serve ou re uests should be g Y ~ q rs rior to the meetin . Please contact the Ci bou ~Y p g Secreta 's Of~ce at 409 983-8115. ~`Y ~ P.O, BOX 1089~PORT ARTHUR, TEXAS 77641-1089~409/983-8126•FAX 409/983-8124 _ _ _ _ City Council Meeting City Hall Councii Chamber City Of Port Arthur July 1, 2008 5:30PM PLEASE TURN OFF OR MUTEALL CELL PH4NES I. INVOCATION, PLEDGE:& ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler Councilmember Albrigh# III ` Councilmember Flood Councilmember Beard ~ Councilmember Williamson Councilmember Wise Councilmember Sinegal City Manager Fitzgibbons Acting City Secretary Hanks City Attorney Sokolow Sergeant At Arrns: Police Chief Blanton Or Designee II. PROCLAMATIONS & MINUTES ~ Proclamations July 01, 2008 -"Hiiton Kelley Day" Community in Power And Development, Inc. July 19, 2008 -"Cayman Night In Por# Arthur" Greater Port Arthur Chamber Of Commerce , Minutes ~ III. PETITIONS & C(JMMUNICATIONS A. S eakers {1) Fredrick Davis Regarding~ Litter In Neighborhood (2) Eddie Durham Of The Drug Task Force Regarding A Survey Of Youth, Grades 8-12, On A Possible Youth Center (3) Clarence Senegal Regarding Commercial Building Demolition +. B. Presentations A Presentation By Mr. Alexander Over Policies And Procedures For Monitoring Employment . Practices Through Industry (Requested By Councilmembers Beard, Chatman, Flood} - C. Correspondence - None _ ~ ^ 1 AG E N DA ~ J U LY 1, 2008 IV. PUBLIC HEARINGS - 7:00 PM To Consider The Proposed Widening, Construction And Maintenance 4f W. Rev. Dr. Ransom Howard Street Upon And Across Lincoln Park V. UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This 1tem: P. R. No. 14762 - A Resolution Rescinding Resolution No. 08-178 As It Pertains To The Appointment Process To The Municipal Housing Authority (Requested By Mayor Prince) 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. Consideration And Approval Of Payment To Toter, Inc., Statesville, NC (lhr~ough rhe State Of Texas Contract Bid #450-A2 Purchasing Contract) In The Amount Of $29,402.28 For 636 Ninety-Six Gallon Toter Containers For The Solid Waste Division B. Consideration And Approval Of Payment To Schoolhouse Audio-l/isual, P/ano, TX (With The Texas Cooperati~e Purchasing Network Pricing) I n The Amount Of $8,449.77 (80% Funded By The 2007 Assistance To Firefighter's Grant) For Training Classroom Audio-Visual Equipment For The Fire Department C. Consideration And Approval Of Payment To Philpott Ford Nederland, TX (Through HGAC Government & Commercia/ Sa/es) In The Amount Of $18,703.40 For A F250 Ford Pickup Truck For The Building Inspections Division D. Consideration And Approval Of Awarding A Bid To Casco lndustries, Inc., Houston, TX In The Amount Of $23,505 For Five (5} High Pressure 4500 PSI Self-Contained Breathing Apparatus And Five (5) Spare Bottles For The Fire Department 1 ~ ~ 2 AG E N:DA ~ J U LY 1, 2008 : VI. CONSENTAGENDA - CONTINUED E. Consideration And Approval Of Payment To Mustang lractorEquipment, Beaumont, lX In The Amount Of $22,060.45 For Repair Parts For A 2003 Landfill Dozer (Equipment #1517) For The Solid Waste Landfill Division , F. Consideration And Approval Of Awarding An Annual Contract To Derrick Oi/ ~ Supply, PortArthur, lX In The Estimated Amount Of $42,510.29 To Supply Lubricants And Greases For ~he City's Rolling Equipment G. Consideration And Approval Of Payment To lNT Ready-Mix, Nederland, ~ TX In The Amount Of $16,400 For Various Charges For Materials That Were Used For The Angelle Drive Reconstruction As Part Of The 2008 City S#reets Program . H. Consideration And Approval Of Awarding A Bid To A&A E/ectric Company, Beaumont, TX In The Amount Of $39,794 (Bioterrorism Gran#) For ~4 80 KW Backup Generator And Two 200 AMP Transfer Switches ` And An Additional $1,281 For A Fence To Enclose The Equipment For The Health Department I. Consideration And Approval Of Awarding A Bid To 4MD Medical So/utions, Lakewood, NJ In The Amount Of $~ 2,568 (Bioterrorism Grant} for Two Sets Of Temps Beds And Two Storage Carts For The Health Department ~ J. Consideration And Approval To Authorize The 2nd Year Of A 2-Year Contract With HD Supply, Beaumont, TX For The Purchase Of Fire Hydrants For The Utility ~perations Department K. Expense Report: Mayor Deloris Prince: Attended Annual U.S. Conference Of Mayors, Miami, FL, June 19-24, 2008 $2,987.85 City Attorney Mark T. Sokolow: Attended Texas City-Attorney Association Summer Conference, South Padre Island, TX, June 11-13, 2008 $1;080.83 3 AG EN DA . J U LY 1, 2008 VI. CONSENTAGENDA - CONTINUED Resolutions - Consent (1 } P. R. No. 14548 - A Resolution Authorizing The City Manager To Enter Into An Amendment No. 1 To The Inter-Local Agreement Regarding The Jefferson County Regional Radio System (2) , P. R. No.14565 - A Resolution Authorizing Filing An Application With The ~Federal Transit Administration For Funding For Port Arthur Transit (3) ;P. R. No. 14643 - A Resolution Authorizing The Mayor To Enter Into A Memorandum Of Understanding With The Texas Department Of Public Safety Regarding The Texas Interoperability Channel Plan (4} P. R. NoL 14753 - A Resolution As It Pertains To Granting A Survey Permit To Texas Offshore Port System (TOPS) ~5) P. R. No.14756 - A Resolution Approving The Demolition And Clearance Of Seventy-Eight (78) Residential Proper#ies That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities. Account Number Is TDHCA 106-1425-571-59-0~; Project Number RITA 01 (6) P: R. No. 14776 - A Resolution Authorizing The Execution Of A Payment Agreement Between The City Of Port Arthur And Port Arthur Housing Authority For The Payment Of Water, Sewer And Garbage Account No. 52321-90130 (7} P. R: No. 14777 - A Resolution Approving A Sewer Adjustment To The Port Arthur Housing Authority Account 52321-90130 (8) ~ P. R. No.14780 - A Resolution Authorizing A Modified Access Agreement With Marathon Petroleum Company, LLC For The Installation And Monitoring Of Groundwells - (9) P. R. No. 14781 - A Resolution Authorizing The Execution Of A Three (3) Year Contract For Janitorial Services At The Transit Service Center And Transit Terminal To Southeast Texas Building Service Of Nederland, TX In The Amount Of $12,960.00 Per Year (10) , P. R. No. 14782 - A Resolution Authorizing The City Manager To Enter Into A One Year Contract With The Option To Renew Up To Four (4) Additional One Year Periods With Rene Bates Auctioneers, Inc. Of McKinney, Texas For The Online Sale Of Surplus City Fleet Equipment , _ . ~ 1 4 AGENDA J U LY 1, 2008 VI. CONSENT AGENDA - CONTINUED (11) P. R. No.14783 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $207,850:00 For 27" Sanitary Sewer Rehabilitation By Removal And Replacement Method Between The City Of Port Arthur And Troy Construction, LLC, 0~ Houston, ~ Texas. Account No. 426-1625-532.83-00, Project No. 426012 , (12) P. R. No. 14785 - A Resolution Authorizing The Execut~on Of A CDBG Contract In The Amount Of $10,000.00 Between The Port Arthur Neighborhood' Action Council And The City Of Port Arthur To Provide Neighborhood Security Through The Use Of Neighborhood Action Groups, Primarily In Low To Moderate Income Neighborhoods ~ ,(13} P, R. No. 14788 - A Resolution Authorizing The Renewal Of The Existing Contract With Technical Resource Staffing Service For School Guard Crossing Services For The Police Department In The Amount ~f $14.50/Hr., Not To Exceed $87,261 Annually, To Be Charged To Account No. 001-1 ~ 01-521.54-00 (14) P. R. No. 14790 - A Resolution Awarding And Authorizing The Execution Of A~Contract Between The City Of Port Arthur And Starco Solutions, LLC ~ For The Oleander Plant Project Not To Exceed $48,880.00; Said Contact ls For The Removal And Replacement Of Three (3) Sections Of Oleander Plants On Lakeshore Drive And The Creation Of "In-Ground" Planter Boxes; At A Cost Not To Exceed $ 48,880.00 Proposed Funding: Parks Division, FY 2008 Budget Account No. GO-8P4 301-1601-59~ .89-00. (15) P. R. No. 14791 - A Resolution Authorizing The City Of Port Arthur To Approve A Professional Services Agreement With The University Of Texas Health Science Center At Houston On Behalf Of The School Of Hea.Ith lnformation Sciences In The Amount Of $31,000 (16} P. R. No. 14792 - A Resolution Authorizing The City Of Port Arthur To Amend The Budget Of A Proposal Submitted To The Texas Health And Human Services Commission For A Nurse-Family Partnership Grant In The Amount Of $535,486 (17) P. R. No. 14793 - A Resolution Authorizing Acceptance ~f The Contractor's Certificate And Reiease And Contractor's Certificate Of Guarantee From Excavators And Constructors, Ltd. For Greenehill Park Phase II And Authorizing The City Manager To Sign The Certificate 4f Acceptance On Behalf Of The City ~f Port Arthur, Texas ~ ~ 1 5 AGENDA , JULY 1, 2008 VI. CONSENTAGENDA - C~NTINUED (18) P. R. No.14797 - A Resolution Approving Tax Exemptions For Charitable Organizations As Allowed Under Section 11.184 Property Tax Code VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No.14581- A Resolution As It .Pertains To Truth And Education (2) P. R. No. 14588 - A Resolution Supporting The Southeast Texas Area Agency On Aging (Requested By Mayor Prince) (3} P. R. No. 14615 - A Resolution As It Pertains To Holding A Multicultural Exposition To Be Held 1n November 2008 ~Requested By Mayor Prince) (4) P. R. No.14786 - A Resolution As It Pertains To The Scottish lnn Motel (5) P. R. No. 14787 - A Resolution Authorizing A License For The - Construction Of A Recreational Vehicle Park On About 8.13 Acres Of Land Replat Of Lot 1, Blk 9, RG. "G", Port Arthur Land Company Subdivision Jefferson County, Texas (6) P. R. No. 14789 - A Resolution Approving A Payment Not To Exceed $15,000, Plus Reimbursement For Out-Of-Pocket Expenses Incurred In Connection With Creating A Foreign Trade Zone Subzone In The Port Arthur Business Park (7) P. R, No.14794 - A Resolution As It Pertains To Requesting The Attorney General To Issue An Opinion As It Pertains To The Procedures For Placing An Item On The Council Agenda (Requested By Councilmembers Beard, Chatman, Flood} (8) P. R. No. 14796 - A Resolution Authorizing The Purchasing Division To Advertise For The Sale Of Property Located At 648 4th Street , , , '(9) P. R. No.14798 - A Resolution Authorizing The City Manager To Execute An Interlocal Agreement Between The City Of Port Arthur And Jefferson Cou.nty For Erosion Control Of Pleasure Island {10) P. R. No. 14799 - A Resolution Authorizing The Execution Of An Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And The City ~f Port Arthur As It Pertains To ~ ~ Administrative Charges For The Fiscal Year October 1, 2008 Through September 30, 2009 ~ 1 ~ 6 AGENDA : - JULY 1, 2008 , VII. ITEMS REQUIRING INDIVIDUAL ACTIDN - NON-CONSENT - CONTINUED B. Ordinances (1) P. 0. No. 5845 - An Ordinance As It Pertains To The Fire Department Staffing Levels ~ (2) P. 0. No. 5887 - An Ordinance Authorizing The Execution Of A New Developer Participation Contract With : LAR Properties, L.C. (Requested By The: City Manager} (3) P. 0. No. 5896 - An Ordinance Canvassing The Returns And Declaring The Results Of A Runoff Election Held On June 21, 2008 As It Pertains To The Position Of Councilmember For Position 8 : C. *Reports And Recommendations , (1) May, 2008 Financial Report (2} Report On City Budget (3) Report On Council Retreat : : *The City Council Can Act On Any Of The Above Reports And Recommendations As To, Accept The Repo~/Recommendation Or To Request Additional Information And Records ~ VIII. REPORTS OF BOARDS & COMMITTEES - None 1X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS , : Items For Future Agenda Consideration 0~ Reports From Staff May Be Requested But No Discussion Of Any ltem Or Request ShaII Take Place ~ X. ADJOURNMENT OF MEETING ***********************~*****~*******************************~**~~~********************~**** NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On July 2, 2008. During The ~ Recess, No Action Will Be Taken 0n Any Item Of Remaining Business And No Executive Sessions Will Be Held To Discuss Any Matters, AII In Accordance With The Open Meetings Law : . **************************~***********~**~~********~*********~~****************************~ , ~ ~ . RU~LES OF DECORUM - PERSONS ADDRESSING COUNCIL & AUDIENCE ME M-BERS 1. Recoqnition by Presiding 4~cer. No person shall address the Council without first being recognized b the , Presiding Officer. , Y 2. Speaking Procedure; Limitation on discussion and questio~ning. Each erson addressin tf~e Co ' p g uncil shali step up to the micropfione provide~ for the use of the public and give his name and address in an audible tone of voice for the ~records, state.that subj.ect he wishes to discuss,~state whom he is representing if he represents an organizat~on or o~her person, and unless ~urther time is grar~ted by majQrity vote of the Cou~ncil, shall limit his remarks to five ~5) minutes. A~i remarks sha[I be addressed to the Council as a vuhote and not to an member thereof. No person other than r~embers of ~he Coancil and the ~erson havin ~ th ~ p g e floar shall be permitted to enter into ~any discussion, whether directly .or throug~i a mem~er of the Council, without the permission of the Presiding Officer. . . ~ . 3. Imp~oper References, ~Disorderly Conduct By Person Addressing The Council; An er~on makin ex ress[ im liedl ,• p . Y p 9, P y or p y, persona! im ert~nent, slanderous, derogatory, discourteous, ~nide, or profane ..remarks or who ~ wfllfully utters loud, ttireatening or abusive language, or engages, in any disorderly condu~t which woufd impede, disrup~ or disturb the orderly conduct, the order, by the Presiding Officer, and if such conduct ~ continues, may, at the discre~on o~ the Presiding Officer, be ordered barred from further audience ~befo re the Council during that Meeting, ~ . . 4, Addresses After Motion Made or Public Hearing Close-d. After a motion has been made or a ublic hearin ha p g s been ciosed; no member of th~ public sha(I address the Council from the audience on the matter under consideration without frst securing permission to do so by "majority vote of the City Council. ~ ~5. -Campaign Speeches Prtohibited, No persons will be allowed to address the City Council by making cam ai n speeches for or against any candidate who has announced or does announce hi in ' p 9 , s tent~on to run, or issue already ordered on a ballot for elect~on. 6. Disorderly Conduc~ No person in the audience shall engage in disorderly conduct su~h as hand clappin . stam in of feet , whistlin usin 9' p 9 , g, g profane language, yelling, and similar demonstrations, which conduct ~disturbs the peace and good order of the meeting. 7. Limitations on Use of Supplementa/ Lighting. Limitations on use of supplemental iighting for television and motion picture cameras to create the least amount of interference with or disturbance of Council proceedings and jor discomfort to the public. . 8. Persons Ha~ving Complain~s, Allegations, or Charges Against tndividua/ City fmp/oyee~ No person shal~ make any complaint, spec~fic allegation, or charge agamst.an individual City.Employee by, name in a.public meeting unless he~.f rst shows that he has pursued appropriate administrative channels. ~~~ ENFORCEMENT OF DECORUM Warning. A[I persons shall at the request of the Presiding Officer,~ be silen~ .~ . Removal, if, after receiving a war.ning from the Presiding Officer, a person persists in dis~urbing the meeting, such Officer may order fiim to remove himself from the meeting. If he does not remove himself, the Presiding Officer may~ order the Sergeant•at0arms 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 Pnforce. Any Councilmember may move to requ'rre the Presiding Officer to enforce this division, and the affirmative vote of a majority of ~he Council shall require him to do so. RULES ~F PROCEDURE . . The City Secretary shall make public, in a~cordance with the Texas Open Meetings law, an agenda containing all business to be discussed at a meeting of the City Council. ~ Persons Reauestin4 To Be Heard On A~-enda Items (1} Residents. Any residen~ who w~shes to address the Council on any ~ matter ~may. ~~do so bx noti€ying the . City Secretary in accordance -with the Texas Open Meetings ~ taw. (2) Nonresidents. Any nonr~sident wishing t~- address the Council shalt notify the City Se~retary and specify his interest in the matter being considered. The City Secretary shall present such request to the Presiding 4fficer for a~proval before ~lacing the nar~e on the Agenda~. ~ ~ ~ Specific AQenda Item~, After a motion, second a-nd discussron by the City Council o~ any speci~c ag~enda item, and before a vote is taken, the Presiding 4fficer shall recognize any citizen ir~ the ~udience wishing to address~the council on such item, who shall be permitted to address the Council thereon for a period of fihree {3) minutes. "Specific Agenda Items" are defined as any item specified.on the Notice of M~eting posted for purposes of the Texas Open Meetings law and wh~ch becomes the sub~ect of a mot~on before the CounciL ~