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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 I~/ Energy Clly Of Ciry n o rt rth u~ 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 accommodations for persons attending City .Council 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 ************************************************~k******************************************* 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 ************************************lrik*****Yrk***~k********aklklklk******************************* 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. .