HomeMy WebLinkAbout07.29.08 REGULARDELORIS "BOBBIE" PRINCE, MAYOR
JACK CHATMAN, JR., MAYOR PRO-TEM
COUNCIL MEMBERS:
ELIZABETH "LIZ" SEGLER
MORRIS ALBRIGHT, [II
MARTIN FLOOD
JOHN BEARD, JR.
ROBERT E. WILLIAMSON
D. KAY WISE
THOMAS J. HENDERSON
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Energy
Clly Of Ciry
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Texas
AGENDA
City C~~uncil
Regular 1Vleeting
July 29~, 2008
5:30 p.m.
STEPHEN FITZGIBBONS
CITY MANAGER
TERRI HANKS
ACTING CITY SECRETARY
MARK T. SOKOLOW
CITY ATTORNEY
In compliance with the Americans With Disabilities Act, the
City of Port Arthur will provide for reasonable
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meetings. To better serve you, requests should be received 24
hours prior to the meetin€;. Please contact the City
Secretary's Office, at (409) 983-8115.
P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 • 409/983-8115 • FAX 409/983-8291
City Council Meeting
City Hall Council Chamber
City Of Port Arthur
July 29, 2008
5:30PM
PLEASE TURN OFF OR MUTEALL CELL PHOl1/ES
INVOCATION, PLEDGE & ROLL CALL
Mayor Prince
Mayor Pro Tem Chatman
Councilmember Segler
Councilmember Albright III
Councilmember Flood
Councilmember Beard
Councilmember Williamson
Councilmember Wise
Councilmember Henderson
City Manager Fitzgibbons
Acting City Secretary Hanks
City Attorney Sokolow
Sergeant At Arms:
Police Chief Blanton Or Designee
II. PROCLAMATIONS ~ MINUTES
Proclamations -NONE
Minutes
February 12, 2008 Special Meeting (Ci1:y Council)
February 12, 2008 Regular Meeting (City Council)
March 11, 2008 Special Meeting (Citty Council)
March 11, 2008 Regular Meeting (Ciity Council)
March 25, 2008 Special Meeting (Part Arthur Non-Profit Corporation)
April 8, 2008 Special Meeting (Citty Council)
July 15, 2008 Regular Meeting (Ciity Council)
III. PETITIONS & COMMUNICATIONS
A. Speakers -None
B. Presentations
Mickey Moshier, Insurance Consultant, Regarding Health, Dental & Life
Renewal For 11/1/08 Plan Year
C. Correspondence -None
AGENDA
JULY 29, 2008
IV. PUBLIC HEARINGS - 7:00 PM
To Consider Proposed Assessments For The Cost Of Extending The Sewer Line
Along 9t" Avenue From 67t" Street To 60'" Street, Which The City Council
Deems To Be Necessary And In Public Ini:erest
V. UNFINISHED BUSINESS
The Following Item Of Business Was Helci From The Previous Meeting At Which
No Action Was Taken On This Item: 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 Arad
Support Material On Each Item, And/Or It Has Been Discussed At A Previous
Meeting. All Items Will Be Acted Upon ely 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 Ai'ter The Items Not Requiring Separate
Discussion Have Been Acted Upon.
A. Consideration And Approval (Jf Awarding A Quote To Exce/
Screenprinting , Port Arthur, TX In The Amount Of $11,200 (Bioterrorism
Public Health Preparedness Discretionary Funding Program) For 2,8C10
T-Shirts For The Multi-Jurisdictional Pediatric Medical Special Neecis
Project (Health Department)
B. Consideration And Approval Of Awarding A Quote To McKesson Medica/-
Surgical Minnesota Supply, lnc., Golden t/alley, MN In The Amount Of
$33,127.71 (Bioterrorism Public Health Preparedness Discretionary
Funding Program) For The Purchase And Delivery Of Seven (7) Medical
Special Needs Supplies Caches For The Multi-Jurisdictional Medical
Special Needs Project (Health Department)
C. Consideration And Approval Of l~he Purchase And Delivery Of 55,3112
Identification Vests To Care P/ari So/utions, Topeka, KA (Sole Source
Vendor) In The Amount Of $367,554 (Bioterrorism Public Health
Preparedness Discretionary Funding Program) For The Multi-
Jurisdictional Medical Special Needs Project (Health Department)
D. Consideration And Approval To Reject A Bid Received From U. S. Bronco
Services, /nc., Fain`ie/d, OH For A Meter Replacement Program For
The Utility Operations Department And Authorization To Rebid
AGENDA
JULY 29, 2008
VI. CONSENT AGENDA -CONTINUED
Resolutions -Consent
(1) P. R. No. 14733 - A Resolution Autthorizing The City Manager To Execute
An Interlocal Agreement Between The City Of Port Arthur And City Of Part
Neches, As To Accept A Frequency Reconfiguration Agreement With
Nextel Of Texas, Inc.
(2) P. R. No. 14739 - A Resolution Autthorizing The City Manager To Execute
An Interlocal Cooperation Agreement Between The City Of Port Arthur
And Texas Parks And Wildlife Department For The Extension Of The
Distribution System At Sea Rim State Park
(3) P. R. No. 14805 - A Resolution Approving The Award Of Contracts For
The Demolition And Reconstruction Of Six (6) Houses To Thomas
Sheppard, Stonewater, Inc., In The Amount Of $440,499.86, Accounnt
Number 106-1425-571-59-00/RITA,02
(4) P. R. No. 14815 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $10,250.00, And Authorizing The Execution Of A
Contract For The Demolition Of Four (4) Dangerous Residential
Properties (Group A), To Be Charged To Account No. 303-1603-591.5!a-
00, Project No. CIP614 (EDC Fundls)
(5) P. R. No. 14816 - A Resolution Awarding A Contract To K-T Constructionn,
LLC In The Amount Of $10,800.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Fundls)
(6) P. R. No. 14817 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $15,650.00, And Authorizing The Execution Of A
Contract For The Demolition ~Of Five (5) Dangerous Residential
Properties (Group C), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Fundls)
(7) P. R. No. 14818 - A Resolution Awarding A Contract To Lark Group, Inc.
In The Amount Of $18,700.00, ,And Authorizing The Execution Of A
Contract For The Demolition 'Of Five (5) Dangerous Residential
Properties (Group D), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Funcls)
AGENDA
JULY 29, 2008
VI. CONSENT AGENDA -CONTINUED
(8) P. R. No. 14819 - A Resolution Awarding A Contract To Lark Group, Inc.
In The Amount Of $18,000.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group E), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Funds)
(9) P. R. No. 14820 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $16,900.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group A-t), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Funds)
(10) P. R. No. 14821 - A Resolution A~nrarding A Contract To Lark Group, Inc.
In The Amount Of $19,000.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B-t), To Be Charged To Account No. 303-1603-591.59-
00, Project No. CIP614 (EDC Funds)
(11) P. R. No. 14822 - A Resolution A~nrarding A Contract To Lark Group, Inc.
In The Amount Of $21,600.00, And Authorizing The Execution Of A
Contract For The Demolition Of Si;~ (6) Dangerous Residential Properties
(Group C-t), To Be Charged To Account No. 303-1603-591.59-00, Project
No. CIP614 (EDC Funds)
(12) P. R. No. 14823 - A Resolution Av~rarding A Contract To Lark Group, Inc.
In The Amount Of $23,000.00, And Authorizing The Execution Of A
Contract For The Demolition Of Si;K (6) Dangerous Residential Properties
(Group D-t), To Be Charged To Account No. 303-1603-591.59-00, Project
No. CIP614 (EDC Funds)
(13) P. R. No. 14828 - A Resolution Authorizing A Contract With Haynes-
Eaglin-Waters To Implement The I~evitalization Plan For Redevelopment
Of The Westside
(14) P. R. No. 14830 - A Resolution Awarding A Contract To Lark Group, Inc.
In The Amount Of $17,400.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group A), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(15) P. R. No. 14831 - A Resolution Awarding A Contract To Lark Group, Inc.
In The Amount Of $12,600.00, ~4nd Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
AGENDA
JULY 29, 2008
VI. CONSENT AGENDA -CONTINUED
(16) P. R. No. 14832 - A Resolution Awrarding A Contract To Lark Group, Inc.
In The Amount Of $13,400.00, And Authorizing The Execution Of A
Contract For The Demolition (Jf Five (5) Dangerous Residential
Properties (Group C), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(17) P. R. No. 14833 - A Resolution Awrarding A Contract To Lark Group, Inc.
In The Amount Of $13,900.00, And Authorizing The Execution Of A
Contract For The Demolition (Jf Five (5) Dangerous Residential
Properties (Group D), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(18) P. R. No. 14834 - A Resolution Awrarding A Contract To Lark Group, Inc.
In The Amount Of $13,200.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group E), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(19) P. R. No. 14835 - A Resolution Awrarding A Contract To Lark Group, Inc.
In The Amount Of $13,800.00, And Authorizing The Execution Of A
Contract For The Demolition (Jf Five (5) Dangerous Residential
Properties (Group F), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(20) P. R. No. 14836 - A Resolution Awrarding A Contract To Apache Waste,
LP In The Amount Of $13,500.00, And Authorizing The Execution Of A
Contract For The Demolition Of Four (4) Dangerous Residential
Properties (Group G), To Be Changed To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(21) P. R. No. 14837 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $13,800.00, And Authorizing The Execution Of A
Contract For The Demolition Of Four (4) Dangerous Residential
Properties (Group A-t), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(22) P. R. No. 14838 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $18,100.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group B-t), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
AGENDA
JULY 29, 2008
VI. CONSENT AGENDA -CONTINUED
(23) P. R. No. 14839 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $22,250.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group C-t), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(24) P. R. No. 14840 - A Resolution Awarding A Contract To K-T Construction,
LLC In The Amount Of $23,150.00, And Authorizing The Execution Of A
Contract For The Demolition Of Five (5) Dangerous Residential
Properties (Group D-t), To Be Charged To Account No. 106-1425-571.59-
00, Project No. RITA01 (TDHCA Funds)
(25) P. R. No. 14847 - A Resolution Approving The FY 2008-09 Contract
Between The City Of Port Arthur And The Department Of State Health
Services For The CPS-Bioterror~ism Preparedness Program In The
Amount Of $64,613
(26) P. R. No. 14848 - A Resolution To Approve An Agreement Between The
City Of Port Arthur And Nurse-Family Partnership, A Colorado Non-Profit
Corporation, In An Amount Not To Exceed $32,770 For The First Year,
And Creating A Community Advisoiry Board
(27) P. R. No. 14849 - A Resolution Approving An Agreement Between The
Texas Health And Human ServicE~s Commission And The City Of Port
Arthur For The Texas Nurse-Family Partnership Program In The Amount
Of $535,486
(28) P. R. No. 14850 - A Resolution Authorizing First Southwest Company To
Provide Professional Services Related To The City Of Port Arthur's Other
Post Employment Benefit Liability In An Amount Not To Exceed $21,000
(29) P. R. No. 14853 - A Resolution Authorizing The 2"d Additional Year
Renewal Of The Contract Between The City Of Port Arthur And J. M.
Kaufman Of Port Arthur, Texas For Soils And Hauling Of Materials On A
Unit Cost Basis
(30) P. R. No. 14854 - A Resolution Rescinding A Contract Award To Starco
Solutions, LLC, In The Amount Of $5,534.10 For The Demolition Of Four
(4) Dangerous Residential Properties (Group A); And Awarding Said
Contract To K-T Construction, LLC In The Amount Of $8,350.00, And
Authorizing The Execution Of The Contract, To Be Charged To Account
No. 105-1431-552.59-00, Project No. C32120
AGENDA
JULY 29, 2008
VI. CONSENT AGENDA -CONTINUED
(31) P. R. No. 14856 - A Resolution As It Pertains To Canceling A Letter Of
Credit As It Pertains To Starship NE;derland, L.P.
(32) P. R. No. 14858 - A Resolution Approving The Payment To Premier
Election Solutions In The Amount Of $99,759.43 For The May 10, 2008
General Election And The June 21, 2008 Runoff Election, Account No.
001-1013-513.51-00
VII. ITEMS REQUIRING INDIVIDUAL ACTIONI -NON-CONSENT
A. Resolutions
(1) P. R. No. 14829 - A Resolution Appointing, Reappointing And/C>r
Removing A Director Or Directors To The City Of Port Arthur Section 4,A
Economic Development Corporation Board Of Directors (Requested By
Councilmembers Henderson, Albright And Wise)
(2) P. R. No. 14843 - A Resolution Approving The Termination Of A Lease
With The Catholic Diocese Of Beaumont
(3) P. R. No. 14846 - A Resolution As It Pertains To Service Plans For
Industrial Districts Areas And For Points Of Delivery Of Electricity By
Entergy To Industrial Customers In The City's ETJ
(4) P. R. No. 14851 - A Resolution As It Pertains To The Renovations At The
Second Floor Of The Health Department And The Construction Of The
Administration/Lab Building For Thee Wastewater Plant
(5) P. R. No. 14852 - A Resolution As It Pertains To Stone Creek Apartments
Ltd. And Oakmont Properties, Inc.
(6) P. R. No. 14855 - A Resolution Authorizing ADesign-Build Agreement
With The Trevino Group, Inc., Subchapter S Corporation For The New
Fire Station At 4448 9th Avenue
7
AGENDA
JULY 29, 2008
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT -CONTINUED
B. Ordinances
(1) P. O. No. 5895 - An Ordinance Authorizing Special Warranty Deeds For
Property To Beaumont Habitat For Humanity
(2) P. O. No. 5902 - An Ordinance Dedicating Three (3) Twenty Feet (20')
Wide Parcels Of Land Off The North Side Of Blocks One (1), Two (2), And
Three (3) Of W. H. Schmyser Addition Number Three For Public Use As
Street Right-Of-Way, Said Twenty Feet (20') Wide Parcels Of And Being
Contiguous To The Existing South Right-Of-Way Line Of Rev. Dr.
Ransom Howard Street In Port Arthur, Texas
(3) P. O. No. 5909 - An Ordinance Amending Ordinance No. 08-71 As To The
Sale Of Surplus City Fleet Vehicles And Heavy Equipment For The City
Of Port Arthur At A Public Online Auction
(4) P. O. No. 5911 - An Ordinance ,Authorizing The Execution Of A New
Developer Participation Contract VVith LAR Properties, L. C. (Requested
By The City Manager)
(5) P. O. No. 5912 - An Ordinance As It Pertains To Transferring Land To The
City Of Port Arthur Section 4A Economic Development Corporation With
An Incentive Agreement For The E:Kpansion Of JBS Packing
(6) P. O. No. 5913 - An Ordinance As It Pertains To The Legal Description On
The Approximately 18 Acres Of Land In The Vicinity Of Lake Arthur Drive
C. *Reports And Recommendations
Report On City Budget
*The City Council Can Act On Any Of The Above Reports And
Recommendations As To Accept The Report/Recommendation Or T'o
Request Additional Information Anci Records
VIII. REPORTS OF BOARDS & COMMITTEES
None
AGENDA
JULY 29, 2008
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Items For Future Agenda Consideration Or Reports From Staff May Be
Requested But No Discussion Of Any Item Or Request Shall Take Place
X. ADJOURNMENT OF MEETING
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NOTE: If Evening Meeting Extends Past 11:59PM, The City Council May Elect
To Recess The Meeting And Reconvene At 8:30AM On July 30, 2008. 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
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RULES OF DECORUM -PERSONS ADDRESSING COUNCIL & AUDIENCE MEMBERS
1. Recognition by Presiding D~cea No person shall`address the Council without first being recognized by the
Presiding Officer.
2. Speaking Procedure; Limitation on discussion and giuestioning. Each person addressing the Council shall step
up to the microphone provided for the use of the purblic 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 adciressed 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 makin
impiiedly, personal i 9. expressly or
mpertinent, 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, tlhe order, by the Presiding Officer, and if such conduct
continues, may, at the discretion of the Presiding Officer, be ordered ban~ed from further audience before the
Council during that Meeting.
4. Addresses Afl`er Motion Made or Pub/ic Hearing C/os~~c% 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 ar 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. Lim~tions 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 Comp/aint~s, 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 IDF DECORUM
Warning, All persons shall at the request of the Presiding Officer; be silent.
Removes/. If, after receiving a warning from the Presiding Offi~~r, a person persists in disturbing the meeting, such
Officer may order film to remove himself from the meeting. If he does not remove himself, the Presiding Officer may
order the Sergeant-at0arms to remove him.
Resisting Removes/, Any person who resists removal by the Serrgeant-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 Reouestina To Be Heard On Agenda I ~ (1) Residents. Any resident who wishes to address the Council on
any matter maY ~do so by notifying the City Secretary ini 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 far approval before
placing the name on the Agenda.
SveciFc 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. .