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HomeMy WebLinkAboutJULY 3, 2007OSCAR G. ORTIZ, MAYOR MICHAEL "SHANE" SIREGAL, MAYOR PRO TEM COUNCIL MEMBERS: JACK CHATMAN, JR. CAL JONES THOMAS J. HENDERSON MARTIN FLOOD JOHN BEARD, JR. ROBERT E. WlLLIAMSON DELORIS "BOBBLE" PRINCE cny of STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CITY SECRETARY MARK T. SOKOLOW CITY ATTORNEY AGENDA City Council Regular Meeting July 3, 2007 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. RO. 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 3, 2007 5:30PM II. III. ROLL CALL, INVOCATION & PLEDGE Mayor Ortiz Mayor Pro Tern Sinegal Councilmember Chatman Councilmember Jones Councilmember Henderson Councilmember Flood Councilmember Beard Councilmember Williamson Councilmember Prince City Manager Fitzgibbons City Secretary Green City Attorney Sokolow PROCLAMATIONS & MINUTES Minutes - May 22, 2007 Regular PETITIONS & COMMUNICATIONS A. Presentations Presentation Of The New City Of Port Arthur Job Training Program To Begin On August 27, 2007 B. Speakers (1) (2) (3) (4) (5) Susan & Ron Miller Regarding Opposition To Requested RV Park On The South End Of Pleasure Island Dannie Gaudet Regarding RV Park Debate On The South End Of Pleasure Island Russell Tritico Regarding A Proposed RV Park And The Golden Triangle Disc Golf Course Jeff Thompson Regarding The Proposed RV Park On The South End Of Pleasure Island Mike Cichowski Regarding The Proposed RV Park On The South End Of Pleasure Island C. Correspondence None AGENDA JULY 3, 2007 IV. VI. PUBLIC HEARINGS - 7:00 PM None UNFINISHED BUSINESS The Following Item Of Business Was Held From The Previous Meeting At Which No Action Was Taken On This Item: P. R. No. 14201 - A Resolution Authorizing The City To Advertise For Bids For Mowing And Landscape Maintenance Along State Highway 73 CONSENTAGENDA 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. Consideration And Approval Of The Purchase Of Fifteen 2 C.Y. & Nine 4 C.Y. Commercial Containers From Fuqua Industries Of Rio Vista, TX In The Amount Of $10,278 For The Public Works Department (Solid Waste Division) Consideration And Approval Of Awarding A Bid For The Removal Of Existing Carpet On Two Walls And Installation Of Vinyl Wallpaper To Sanchez Remodeling Of Houston, TX In The Amount Of $15,850 For The Robert A. "Bob" Bowers Civic Center Consideration And Approval Of Awarding A Bid For A Color Copier To Better Bus/ness Mach/nes Of Beaumont, TX In The Amount Of $12,636 And A Three Year Maintenance Contract In The Amount Of $5,760 For The Community Development Department (Demolition Division) Consideration And Approval Of Renewing The Existing Rental Of Chemical Toilets To Triangle Waste Solutions, /nc., Of Port Arthur, TX In The Estimated Amount Of $15,000 For The Parks And Recreation Department AGENDA JULY 3, 2007 VI. CONSENTAGENDA- CONTINUED Consideration And Approval Of The Purchase Of Antiviral Medication From The Department Of State Hea#h Services (DSHS) At The Federally Subsidized Rate Of $14.43 Per Course For A Total Cost Of $59,163 For The Health Department Fo Consideration And Approval Of Payment To Houston Area Library Automated Netwod~ (HALAIV) Of Houston, TX In The Amount Of $35,611 For Computer Services For The Port Arthur Public Library Consideration And Approval Of Payment To Ph#pott Ford Of Nederland, TX In The Amount Of $22,352.29 For A 2007 Ford Crown Victoria For The Fire Department Consideration And Approval Of The Purchase Of 325 Ninety-Six Gallon And 101 Sixty-Four Gallon Toter Containers, Including Parts For Existing Toters, From Toter, Inc., Of Statesv#/e, NC (Through The State Of Texas Contract Bid t/450-A2) In The Amount Of $21,647.45 For The Public Works Department (Solid Waste Division) I. Expense Report City Attorney Mark T. Sokolow: Attend South Padre Island TCAA Seminar June 13-15, 2007 $1,138.37 Resolutions - Consent (1) P. R. No. 14215 - A Resolution Authorizing The City Manager To Enter Into A Cooperative Purchasing Program Agreement By And Between The City Of Dallas, Texas And The City Of Port Arthur (2) P. R. No. 14225 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts (3) P. R. No. 14226 - A Resolution Authorizing The City Of Port Arthur To Purchase Mobile Video Recorders And Supporting Equipment From Integrian, Inc., Kingwood, Texas, For The Police Department In The Amount Of $578,936 And A DVR Digital Recording System In The Amount Of $40,275 For A Total Cost Of $619,211 Which Includes Installation Via The Cooperative Purchasing Agreement With The City Of Dallas AGENDA JULY 3, 2007 VI. CONSENTAGENDA- CONTINUED (4) P.R. No. 14231 - A Resolution Approving A Permit For Drilling Of An Oil And Gas Well By Square Mile Energy, LLC (5) P. R. No. 14232 - A Resolution Calling A Public Hearing To Consider The Designation Of A Reinvestment Zone For Tax Abatement On A 136.047 Acre Tract Of Block 12, Range "O", Port Arthur Land Company (6) P. R. No. 14234 - A Resolution Approving The Demolition And Clearance Of Twenty-Two (22) Residential Properties That Were Damaged As A Result Of Hurricane Rita. The Texas Department Of Housing And Community Affairs Will Allocate Funding For The Activities (7) P. R. No. 14235 - A Resolution Approving The Continuation Of An Existing Agreement Between The City Of Port Arthur Health Department And Lamar University, Beaumont, Texas, For The Use Of Clinical Facilities For The Education Of Nursing Students (8) P. R. No. 14236 - A Resolution Approving An Amendment To The FY 2007 Contract Between The City Of Port Arthur And The Department Of State Health Services, CPS-B~oterrorism Preparedness, Attachment 004D, As Shown By Contract Change Notice No. 004D (9) P. R. No. 14237 - A Resolution Approving Change Order No. 7 For Interior Repairs At The Bob Bowers Civic Center From Lange Brothers, Inc. Of Port Arthur, Texas In The Amount Of $11,618 Increasing The Total Amount Due To $839,196 (10) P. R. No. 14246 - A Resolution Awarding A Contract To Inland Environments, Ltd. In The Amount Of $76,511.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Eight (8) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 (11) P. R. No. 14247 - A Resolution Awarding A Contract To K. T. Maintenance Company, Inc. In The Amount Of $23,163.50, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of Three (3) Dangerous Commercial Buildings Located Throughout The City, To Be Charged To Account No. 132-1021-514.59- 00, Project No. SSBG03 4 AGENDA JULY 3, 2007 VI. CONSENT AGENDA - CONTINUED (12) (13) (14) (15) (16) (17) P. R. No. 14248 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $8,700.00, And Authorizing The Execution Of A Contract For The Asbestos Abatement And Demolition Of One (1) Dangerous Commercial Building Located At 3025 Gulfway Drive, To Be Charged To Account No. 132-1021-514.59-00, Project No. SSBG03 P. R. No. 14249 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $20,900.00, 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. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14250 - A Resolution Awarding A Contract To AAR, Inc. In The Amount Of $17,775.00, 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. 132-1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14251 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $17,200.00, 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. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14252 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $21,500.00, 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. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14253 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $17,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group A), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources AGENDA JULY 3, 2007 VI. CONSENT AGENDA - CONTINUED (18) (19i (2O) (21) (22) (23) P. R. No. 14254 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $14,200.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group B), To Be Charged To Account No. 132-1021-514.59- 00, Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14255 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $12,300.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group C), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14256 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $16,800.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group D), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14257 - A Resolution Awarding A Contract To Pick Two Contractors, Inc. In The Amount Of $15,900.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group E), To Be Charged To Account No. 132- 1021-514.59-00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14258 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $18,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Five (5) Dangerous Residential Properties (Group F), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources P. R. No. 14259 - A Resolution Awarding A Contract To Lark Enterprises In The Amount Of $16,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Four (4) Dangerous Residential Properties (Group G), To Be Charged To Account No. 132-1021-514.59- 00; Project No. SSBG03; Structures Ineligible For The Grant Will Be Charged To Other Available Funding Sources AGENDA JULY 3, 2007 VI. CONSENTAGENDA - CONTINUED (24) P. R. No. 14260 - A Resolution Authorizing The Port Arthur Fire Department To Purchase Two (2) MDT Laptops From Integdan, Inc. Of Kingwood, Texas Via The Cooperative Purchasing Agreement With The City Of Dallas In The Amount Of $5,353 Each For A Total Of $10,706 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT A. Resolutions (1) P. R. No. 14229 - A Resolution As It Pertains To The Request Of Jerome Webre, Jr. For A License For The Construction Of A Recreational Vehicle Park On Five (5) Acres On Pleasure Island (2) P. R. No. 14230 - A Resolution Authorizing A License For The Construction Of An Recreational Vehicle Park On 19.2 Acres Of Land On The North Side Of Hwy 365 East Of Main "C" (3) P. R. No. 14238 - A Resolution Approving The Application Of Acadian Ambulance Service, Inc. For An Ambulance Agreement (4) P. R. No. 14239 - A Resolution Approving The Application Of Stat Care EMS For An Ambulance Agreement (5) P. R. No. 14240 - A Resolution As It Pertains To The License For The Construction Of A Recreational Vehicle Park On 19.47 Acres Of Pleasure island And Rescinding Resolution No. 07-288 (Requested By Mayor Pro Tern Sinegal, Councilmember Beard And Councilmember Flood) (6) P. R. No. 14241 - A Resolution As It Pertains To $12,500 Owed By Metrocare (7) P. R. NO. 14242 - A Resolution Approving The Sale Of Approximately One (1) Acre By The City Of Port Arthur Section 4A Economic Development Corporation To Biomedical Waste Solutions, LLC For $35,500 AGENDA JULY 3, 2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (8) P. R. No. 14244 - A Resolution Authorizing The Transfer Of $30,673 In Community Development Block Grant (CDBG) Funding From Account Numbers 105-1431-552.59-00 Project #C31102 For $17,273 (James Hope Center); $3,400 From 105-1431-552.59-00 Project #30110 For $3,400 (YMCA) To 105-1431-552.36-00 Project #32150 (Streets) And $10,000 From 105-1431-552.59-00 Project #C33112 (SETIO) To 105- 1431-552.36-00 Project #33150 (Streets) And Rescinding Resolution Number 07-167 (9) P. R. No. 14261 - A Resolution Authorizing Funding To Southeast Texas Interfaith Organization (SETIO) In The Amount Of $60,000 From City Account 001-1003-512.59-00 M06005 (10) P. R. No. 14262 - A Resolution Approving Invoices Rendered By Germer Gertz, LLP. To The City Of Port Arthur Section 4A Economic Development Corporation For Legal Services (11) P. R. No. 14263 - A Resolution Authorizing The Use Of A Portion Of The Property Located At 4444 Highland Dr. For The Construction Of An Affordable Home (12) P. R. No. 14264 - A Resolution Authorizing The Purchasing Division To Advertise And Sale The Following Properties Located At: 4444 Highland Drive, Port Arthur, Texas, (Lot 10, Block 40, 0.235 Acres, Griffing's Park) Excluding The Lift Station And The 8 Feet By 93.77 Feet Parcel And The Land Located At 3220 West Park Drive, Port Arthur, Texas (Lot Number Eight (8) In Block Number Sixty-Six (66). (13) P. R. No. 14265 - A Resolution Authorizing The Contract Between The City Of Port Arthur And Real-Tex Renovations, Port Arthur, Texas For The Replacement Of The Roof And Interior Repairs At 3510 Lake Arthur Drive, In The Amount Of $16,785 Charge To Account No. 001-1003- 512.59-00 Project Code M97903 (14) P. R. NO. 14267- A Resolution Appointing Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Commission (Requested By Mayor Ortiz) 8 AGENDA JULY 3,2007 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED (1) (2) (1) (2) (3) (4) Ordinances P. O. No. 5763 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2006 And Ending September 30, 2007 As To Fund Additional Expenses From The General Fund For Southeast Texas Inter[aith Organization (SETIO) And Additional Equipment Purchases From The Equipment Replacement Fund P. O. No. 5764 -An Ordinance Amending Sections 114-31, 114-32, 114- 33, 114-35, 114-38, 114-39, And 114-40 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Ambulances; Delineating A Maximum Fine Of $500 Per Day Or Per Incident, And Providing For Effective Dates *Reports And Recommendations May, 2007 Financial Report Report As To The International Property Maintenance Code Enforcement As To Dilapidated Buildings And Graffiti Report On Trash Collection Report On Weed & Seed Program *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Report/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMI'I-I'EES None 9 AGENDA JULY 3, 2007 IX. Xl. *CLOSED MEETING (EXECUTIVE SESSION) In Order To Comply With The Requirements Of Section 551.101 Of Chapter 551 (Open Meetings Law) Of The Texas Government Code [Formerly Article 6252- 17, Section 2(a)], Prior To Going Into Closed Meeting The Presiding Officer Of The City Should Make The Following Public Announcement: "A Closed Meeting Or Executive Session Will Now Be Held Pursuant To The Following Sections Of Chapter 551 Texas Government Code": Section 551.071 - Litigation And/Or Legal Advice Section 551.072 - Land Section 551.073 - Negotiated Contracts For Prospective Gifts To The City Section 551.074 - Personnel Section 551.076 - Security Personnel Or Devices Section 551.087 - Deliberations Regarding Economic Development Incentives Closed Meeting: (1) (2) (3) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As To Port Iron And KCS Section 551.071 & 551.072 Government Code - To Discuss The Value Of Land At Pleasure Islet And Potential Litigation Thereon Section 551.071 & 551.087 - Government Code - To Discuss Incentives As To Commercial, Industrial And Residential Business Prospects And Possible Land Acquisition *The Items In Executive Session May Be Discussed And Acted On In Open Session 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 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 4, 2007. 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 ]0 RULES OF DECORUM - PERSONS ADDRESSZNG COUNCZL & AUDZENCE MEMBERS 5. 6. 7. 8. Recogn/tJon by PresJd/ng Officer. No person shall address the Council without first being recognized by the Presiding Officer. Speak/rig 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. Improper References/Disorderly Conduct By Person Address/ng The Counc/~, 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. Addresses After ~fotion 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. 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. Disorderly Conduc~ 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. £JmJtation$ on Use o£ Supplemenfal 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. Persons Having Complaints, A/legations, or Charges Against Individual City Employee~ 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. Zf, after receiving a warning from the Presiding Officer, a person persists in disturbing the meeting, such Officer may order him to remove himself frem the meeting, zf 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. I~lotion$ To Enforce. Any Councilmember may move to require the Presiding Officer to enforce this division, and the affirmative vote ora 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 Reauestinn To Be Heard On Aaenda 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. Snecific Aaenda Item~ 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 Trams~ 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.