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HomeMy WebLinkAbout01.29.08 REGULARREGULAR MEETING -JANUARY 29, 2008 I. INVOCATION, PLEDGE & ROLL CAILL Reverend Patricia Wells 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, January 29, 2008 at 8:37 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Michael "Shane" Sinegal; Councilmembers Jack Chatman, Jr., Cal Jones, Thomas J. Henderson, Markin Flood and Robert E. "Bob" Williamson; Cit)i Manager Steve Fitrgibbons, Acting Clity Secretary Terri Hanks, City Attorney Mark T. Sokolow and Sergeant At Arms Police Chref Mark Blanton. Councilmember John Beard, Jr. arrived at the meeting at 8:47 a.m. Councilmember Willie "Bae" Lewis, Jr. arrived at the meeting at 8:48 a.m. II. PROCLAMATIONS & MINUTES Proclamations January 29, 2008 -February 5,. 2008 As "Hargie Faye Savoy Week" In Recognition Of Her Dedication 'To The Creation Of The Martin Luther King Support Group Of Southeast Texas And Continuing The Dream Of Peace And Harmony In Our Community As Commissioned By Mrs. Loretta Scott King The presentation of the above-mentioned proclamation was cancelled. Minutes -None III. PETITIONS & COMMUNICATIONS A. Presentations (1) Presentation On Pleasure Island Plans, Status Of Marina And Issues Involving RV Parks Jimmy Dike, 520 Pleasure Pier Boulevard, appeared before the City Council end introduced Marina Project Manager Ron Arceneaux, to discuss Pleasure Island Marpna Facility Improvements. Ron Arceneaux, 3501 Turtle Creek Drive, appeared before the City Council and gave the presentation titled, Update on P/easure Is/and Marina Faci/ity Improvements, as shoiwn in Exhibit °A". Jimmy Dike, 520 Pleasure Pier Boulevard, appeared before the City Council and fielded questions regarding the proposed improvemE~nts. Finance Director Rebecca Underhill appeared before the City Council and addressed the amount of payments or loans that were pui: on hold or forgiven pertaining to the golf course after Aquila Golf assumed management. Point of order was called by Councilmember Williamson against Councilmember Lennris for straying off the topic of discussion. The I~layor did not receive the necessary second to end the dialog and cautioned Councilmember Lewis to get back to the topic of discussion. Jimmy Dike introduced Project Manager GE~orge Newsome who is overseeing the RV Park project. Project Manager George Newsom, 3737 Doctor's Drive, appeared before the City Council to discuss the RV Park to be located across from the Corp. of Engineers. Tuvo buildings exist in that area and they will remain. One is owned by Lamar and the othier by Parks and Wildlife. This project has plans that are currently under review by city staff. Mr. Newsom also projected completion of the project to be at the end of February or early March, 2008. (2) Presentation By Deputy Chief Owens & Fire Chief Richard Regarding 7efferson Countyr LEPC Emergency Response & Environmental Protection Issues Fire Chief Larry Richards and Deputy Chief John Owens appeared before the City Council and gave the presentation, Loca/Environmenta/Issues, as shown in Exhibit "~". The City Manager stated he did not recommend creating a position for an Environmental Specialist because it was not previously budgeted for the current fiscal year. B. Speakers (1) Groves Mayor Brad Bailey Regarding Property Located On HWY 347 South Of Hogaboom Road Mayor Brad Bailey, 3947 Lincoln Avenue, c;roves, Texas, appeared before the Clity Council to discuss the proposed dis-annexation of approximately eight acres located at Highway 347/Twin City Highway and Hogaboom Road. Mayor Bailey informed tlhe Councilmembers that Champion has proposed building ahigh-end apartment compllex at this location. But he also stated that upon its completion one-third of the compllex would be located within the city limits of Groves and the remainder would be located within the city limits of Port Arthur. Mayor Bailey emphasizing that the potential dis- annexation would allow the proposed complex to be governed by one jurisdictijon making it easier for the Police and Fire personnel to keep the residents safe. He concluded by informing the Councilmembers that the city of Groves is basically land locked and in desperate need of the revenue benefits that this complex will bring. ANso allowing the city of Groves to reap a portion of the economic housing growth projected through industry expansion. William Stokley, 2602 Merriman, Groves, Texas appeared before the City Council i to confirm that the property owner is in favor of the proposed dis-annexation. The City Manager stated due the fact that this proposed property is such a small arrea and the ongoing relations and projects between the city of Groves and the city of Pert Arthur he recommends approval of the proposed dis-annexation. Dee Sossa distributed an aerial map of the proposed property. (2) Thomasene Thomas Regarding The St. Paul Methodist Church jazz Festival Thomasene Thomas, 401 Drummond Street, appeared before the City Council to announce the 1~ Annual Zackery Breaux Jazz Festival June 14, 2008 to be held' in downtown Port Arthur sponsored by the St. Paul Methodist Church. The festival will be in honor of Zachary Breaux, a world renovvned jazz guitarist who died February ~0, 1997 when he attempted to save a drowning victim while vacationing in Miami Beajch, Florida. Mr. Breaux's last album "Uptown Groove," reached No. 14 on Billboarrd's contemporary jazz chart after its release in 1997. Mr. Breaux was the youngest of seWen children who grew up in Port Arthur and is survived by his wife, Federica; three daughters and his parents who still attend St. Paul Methodist Church. The members of the Festival Planning Committee: Doris Hayes, Thomasene Thomas, Manuel Breaux end St. Paul Methodist Church Pastor Patricia ~JVells are requesting that the city of Port Arthur partner with them to make this festival a success. City Council Minutes Regular Meeting -January 29, 2008 2 (3) Lowra )ones Regarding A Comprehensive Industrial Plan For The City Of Port Arthur According To Emergency Planning And Community Right-To-Know Act (EPCRA) Lawra Jones, 1649 Maple Street, appeared before the City Council to discuss EPCRA the Emergency Planning and Community Righi: To-Know Act and distributed a report regarding environmental releases within Port Arthur. Mr. Jones gave an overview of the EPCRA regarding its origin, benefits, and monitoring guidelines to promote a healthiler environment. She also stated that the EPCRA, supports the citizens by increasing put~lic knowledge and safety which in turn shows support for citizen welfare by public officiaNs. EPCRA also supports industry by decreasing call in complaints to the state enforcement agencies. The act also assists City Council by lessening air quality complaints frgm citizens by giving them a more proactive approach towards the safety of their constituents. Mrs. Jones suggested the creation of a position within the city for an Environmental Specialist for the protection of the city of Port Arthur. Rick Strauss of Motiva Enterprises appeared before the City Council and gave ~n overview of applying for an expansion permitt, what is submitted with that permit, aid the updated Emergency Response Plans subbmitted to the city before the new unlits come online. Fire Chief Larry Richards appeared before the City Council to confirm that the City does have Hazardous Material Release Plans that are identified within the Emergenicy Management Plans. He also stated that the City's fire department does not handle hazmat clean up which is done by the responsible parry. Chief Richards also stated that the Fire Department's role is to make sure the hazardous material is cleaned up in compliance with the applicable laws, and that the Fire Department does have fir monitoring and hazmat response equipment. C. Correspondence Letter From Superintendent 7ohnny E. Brown, Ph. D Regarding The 2008 May EIE,ction Acting City Secretary Terri Hanks read the follawing correspondence into the record: January 23, 2008 Mayor Deloris "Bobbie" Prince City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641-1089 Dear Mayor Prince: As you may know, our upcoming Board election for two trustees will beheld on May 10, 2008. As a result of coNlaborative efforts of the City of Port Arthur and PAISD, the City Secretary has agreed to administer the election process for the school district and PAISD will be billed by the City for these services. Ms. Terri Hanks, Acting City Secretary, has worked diligently to develop a process which will minimize the impact to our voters as election administration is transitioned from the County Clerk's Office. Ms. Hanks has provided an excellent alternativE~ to utilizing the voting equipment which is maintained by the County Clerk,. Although we did not include budget dollars for leasing equipment, I feel strongly this is the best option to pursue. This alternative will ensure that we have equipment and services available to us based on our timeline. The cosits of the outsourced equipment and City Council Minutes Regular Meeting -January 29, 2008 3 services which will be paid for by all governing bodies participating in the election are based on the number of polling sites needed. Therefore, I would ask the City Council to consider reducing the number of polling sites for Early Voting. A reduction in the sites could result in significant savings. For example, if the voting location vvere reduced by 2-3 sites, a cost savings of approximately $20,000 could be irealized. Sincerely, LsJ Johnny Brown Johnny E. Brown, Ph.D Superintendent IV. PUBLIC HEARINGS - 9:00 AM -None V. UNFINISHED BUSINESS (1) P. O. No. 5835 - An Ordinance Authorizing Special Warranty Deeds For Conveyance Of Property To Low & Moderate Income Residents Of The Ciiy The Mayor introduced the above-mentioned Proposed Ordinance. City Attorney Sokolow noted that Proposed Ordinance 5835 from the January 15, 20p8 Council Meeting was updated by removing the incorrect address of 2726 6t" Street ahd adding the correct address of 831 W. 15t" Street. The motion was made by Councilmember Wiilliamson and seconded by Councilmember Chatman that Proposed Ordinance No. 5835 be adopted as updated by the City Attorney. Planning/Grants Director Dale Watson appeared before the City Council to explain wlhy it was necessary to change the address from 2726 6t" Street to 831 W. 15t" Street. In finding out that these houses were on substandard lots the city is providiing replacement lots for construction of a new home. Proposed Ordinance No. 5835 was adopted becoming Ordinance No. 08-10. Councilmember Chatman left the meeting at ,10:58 a.m. Voting Yes: Mayor Prince; Mayor Pro Tem ~Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williaimson and Lewis. Voting No: None. The caption of Ordinance No. 08-10 reads as follows: ORDINANCE NO.08-10 AN ORDINANCE AUTHORIZING SPECIAL WARRANTY DEEDS FOR CONVEYANCE OF PROPERTY TO LOW & MODERATE INCOME RESIDENTS OF THE C:[TY VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT B. Ordinances (2) P. O. No. 5838 - An Ordinance Amending The Zoning Ordinance Of The City Of Port Arthur By Creating Planned Development District-26 On An Approximate 145.71 Acre Tract Of Land Out Of And Part Of Lots 1-8, Block 4, Range "B" And Lots i-3, Block 5, Range "B", Palco, Port Arthur, City Council Minutes Regular Meeting -January 29, 2008 4 7efferson County, Texas (V'iolation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official IVewspaper Of The City Of Port Arthur And Effective Immediately After Publication Date (Z07-07 TOTAL) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Flood that Proposed Ordinance No. 5838 be adopted. TOTAL Public Relations Representative Pat Avery, 333 Pinchback, Beaumont, Texts, appeared before the City Council and outlined the conditions that the property owners agreed to and projected plans for the lay-down yard. Mrs. Avery issued her persornal cell phone number: (409) 454-3016. TOTAL Project Manager John Carren, 3159 Hardwood, Port Neches, Texas, appeareed before the City Council and addressed fencing and berm issues. Planning/Grants Director Dale Watson, appeared before the City Council to explain the requirements and stipulations of the proposed ordinance and cautioned the Councilmembers about discussing TOTAL's resolutions for the citizens concerns. Proposed Ordinance No. 5838 was adopted becoming Ordinance No. 08-11. Voting Yes: Mayor Prince; Mayor Pro Tem ,Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-11 reads as follows: ORDINANCE NO. 08-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR BY CREATING PLANNED (DEVELOPMENT DISTRICT- 26 ON AN APPROXIMATE 145.71 ACRE TRACT OF LAND OUT OF AND PART OF LOTS 1-8, BLOCK 4, RANGE "B" AND LOTS 1-3, BLOCK 5, RANGE "B", PALCO, PORT ARTHUR, 7EFFERSON COUNTY, TEXAS (VIOLATION OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT EXCEEDING TWO THOUSAND [$2,000.00] DOLLARS); AND PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTE?R PUBLICATION DATE (Z07-07 TOTAL) V. UNFINISHED BUSINESS - CONTIINUED (2) P. O. No. 5836 - An Ordinance Providing For The Conduct Of The May 10, 2008 General Election For The Purpose Of Electing Councilmembers 1-or Districts 1, 2, 3, And 4, As Well As For Positions 7 And 8 And Providing For A joint City Council Minutes Regular Meeting -January 29, 2008 5 Election With The Port Arthur Independent School District, The Sabine Pass Independent School District, The Port Of Port Arthur Navigation District And The Sabine Pass Port Authority, In Accordance Writh Chapter 271 Of The Texas Election Code, And Providing For The Publication Of The Election Notice The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Lewis and seconded by Councilmemk~er Williamson that Proposed Ordinance No. 5836 be adopted. Acting City Secretary Hanks recommended that Proposed Ordinance No. 5836 be amended by reducing the number of early voting locations to off set the cost amd accountability by eliminating the Fire Station on Woodworth, The H.O.P.E. Building pn Reverend Doctor Ransom Howard Street, Fire Station No. 3 on Canal, and the polliq~g location in Sabine Pass. Also there would be a reduction of polling locations on Electipn Day by eliminating Taft Elementary as a voting site for Precinct 71 and moving thiat precinct to Terrell Elementary School. Proposed Ordinance No. 5835 was adopted becoming Ordinance No. 08-12. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-12 reads as follows: ORDINANCE 08-12 AN ORDINANCE PROVIDING FOR THE CONDUCT OF THE MAY 10, 2008 GENERAL ELECTION FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR DISTRICTS 1, 2, 3, AND 4, AS WELL AS (FOR POSITIONS 7 AND 8 AND PROVIDING FORA 70INT ELECTION WITH THE PORT ARTHUR INDEPENDENT SCHOOL DISTRICT, THE SABINE PASS INDEPENDENT SCHOOL DISTRICT, THE PORT OF PORT ARTHUR NAVIGATION DISTRICT AND THE SABINE PASS PORT AUTHORITY, IN ACCORDANCE WITH CHAPTER 271 OF THE TEXAS ELECTION CODE, AND PROVIDING FOR THE PUBLICATION OF' THE ELECTION NOTICE The City Council recessed their meeting at 1:1:32 a.m. and reconvened their meetingi at 11:34 a.m. VI. CONSENT AGENDA Resolution -Consent (2) P. R. No. 14518 - A Resoluition As It Pertains To Renewing The Contract Between The City Of Port Arthur And Aquila Golf, Inc. For The Operation And Maintenance Of The Babe Didrickson Zaharias Memoriial Golf Course The Mayor introduced the above-mentioned (Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Jones that Proposed Resolution No. 14518 be adapted. City Council Minutes Regular Meeting -January 29, 2008 6 Golf Professional Ed Campbell, 995 Stacewood, Beaumont, Texas appeared before tffie City Council to confirm that they are aware of the problems with the thickness of the greens and will address this issue as soon as t:he grass starts growing. Proposed Resolution No. 14518 was adopted becoming Resolution No. 08-021. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-021 reads as follows: RESOLUTION NO. 08-021 A RESOLUTION AS IT (PERTAINS TO RENEWING THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AQUILA GOLF, INC. FOR THE OPERATION AND MAINTENANCE OF THE BABE DIDRICKSON ZAHAF~IAS MEMORIAL GOLF COURSE The City Council recessed their meeting at 11.:38 a.m. and reconvened their meeting at 1:29 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sineg~l; Councilmembers Chatman, Jones, Henderson,, Flood, Beard, Williamson and Lewis. VI. CONSENT AGENDA Upon the motion of Councilmember Williamson, seconded by Councilmember ]ones ahd carried, the following Consent Agenda iterns were adopted with the exception of Proposed Resolutions No. 14528, 14535, 14536 and 14537: A. Consideration And Approval) Of Payment To M5 Microwave Of Spring I/a//ey, CA In The Amount Of $37,114 (Buffer- Zone Protection Grant) For One Microwave Remote Camera Surveillance System For The: Police Department B. Consideration And Approval Of A Quote From Ki//ion P/umbing Company, Port ~~rthur, TX In The Amount Of $6,550 To Rebuild The Men's Showers At The Public Works Operation Center Resolutions -Consent (1) P. R. No. 14516 - A Resolution Approving The Demolition And Clearance Of Ninety (!g0) 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. Account Number Is TDHCA 106-1425-571-59-00; Project Number RITA01 Proposed Resolution No. 14516 was adopted becoming Resolution No. 08-022. (3) P. R. No. 14527 - A Resolution Authorizing An Interlocal Agreement Between ThE: Southeast Texas Regional Planning Commission And The City Of Port Arthur For Housing Trust Fund Monies To Provide Gap Funding To Participants Of The Disasteir Recovery Program Proposed Resolution No. 14527 was adopted becoming Resolution No. 08-023. City Council Minutes Regular Meeting -January 29, 2008 7 (5) P. R. No. 14530 - A Resolution Supporting The Gulf Coast Health Center, Inc. In The Submission Of A Grant Package To The Bureau Of Primary- Health Care (Requested By Mayor Prince) Proposed Resolution No. 14530 was adopted becoming Resolution No. 08-024. (6) P. R. No. 14532 - A Resoliution Awarding A Contract To Mexfil Construction & Management Services, LLC, In The Amount Of $11,200.00, And Authorizing The Execution Of A Contract For The Demolittion Of Four (4) Dangerous Residential Properties (Group A), To Be Charged To Account No. 106-1425-571.~i9-00; Project No. RITA01 Proposed Resolution No. 14532 was adopted Ibecoming Resolution No. 08-025. (7) P. R. No. 14533 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $7,600.00, And Authorizing The Execution Of A Contract Far The Demolition Of Three (3) Dangerous Residential Properties (Group B), To Be Charged To Account No. 106-1425-571.59-00; Project No. RITA01 Proposed Resolution No. 14533 was adopted becoming Resolution No. 08-026. (8) P. R. No. 14534 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount Of $11,100.00, And Authorizing The Execution Of A Contract: For The Demolition Of Four (4) Dangerous Residential Properties (Group C), To Be Charged To Account No. 106-1425-5;71.59-00; Project No. RITA01 Proposed Resolution No. 14534 was adopted becaming Resolution No. 08-027. (12) P. R. No. 14539 - A Resoluition Authorizing Change Order No. 1 For The Installation Of Two (2) Additional Electric Exit Bars For The Two (2) Remaining Doors At The Lobby Entrance Of City Hall With TriStar Security Solutions Of Beaumont, Texas In The Arnount Of $3,527.98, Increasing The Contract Amount To $54,872.98. Funds Are Available In Account #001-1206-531.82-00 Proposed Resolution No. 14539 was adopted becoming Resolution No. 08-028. (13) P. R. No. 14540 - A Resolution Authorizing The City Manager To Do All Thincls Necessary To Execute The Settlement Of A Claim In Tlhe Amount Of $10,837.40 Made Against Texas Municipal League Intergovernmental Risk Pool (TML) As A Result Of Electrical Wiring Theft From The 46th Street Lift Station Proposed Resolution No. 14540 was adopted becaming Resolution No. 08-029. (14) P. R. No. 14545 - A Resolution As It Pertains To A Winter Youth Empowerment Workshop (February 26, 2008) To Be Facilitated By Yolanda Adams (Account No. 132-1021- 514.56-00, Project No. SSBG02) Proposed Resolution No. 14545 was adopted becoming Resolution No. 08-030. VII. ITEMS REQUIRING INDIVIDUAL .ACTION -NON-CONSENT Resolution - Cosent City Council Minutes Regular Meeting -January 29, 2008 8 (4) P. R. No. 14528 - A Resolution Approving A Teaching Contract As It Pertains Tai The Community Prosecution Program The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Resolution No. 14528 be adopted. First Assistant City Attorney Tizeno stated th<~t the contract should read the that it vyrill be $125 dollars per class for a two hour ses>ion that will last for six weeks. When tlhe sixth week is over the class will be completed„ Proposed Resolution No. 14528 was adopted (becoming Resolution No. 08-031. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Flood, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-031 reads as follows: RESOLUTION NO. 08-031 A RESOLUTION APPROVING A TEACHING CONTRACT AS IT PERTAINS TO THE COMMUNITY PROSECIUTION PROGRAM A. Resolutions (4) P. R. No. 14541 - A Resolution Authorizing The Commitment Of The Payment Of $31,250 To The International Economic Development Council Contingent On The City Of Port Arthur Section 4A Economic Development Corporation And Other Entities Providing Commitments For The $93,750 And The Receipt Of A Detailed Contract With Agreed Timetables As To Payments And Deliverables The Mayor introduced the above-mentioned Proposed Resolution. City Attorney Sokolow pointed out that the word "contact" within the caption on the agenda is simply a typo and that the original document P.R. 14541 caption is correct. The motion was made by Councilmember Lewis and seconded by Councilmember Beard that Proposed Resolution No. 14541 be adopted. Proposed Resolution No. 14541 was adopted becaming Resolution No. 08-032. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-032 reads <~s follows: RESOLUTION NO. 08-032 A RESOLUTION AUTHORIZING THE COMMITMENT OF THE PAYMENT OF $31,250 TO THE INTEA:NATIONAL ECONOMIC City Council Minutes Regular Meeting -January 29, 2008 9 DEVELOPMENT COUNCIL CONTINGENT ON THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND OTHER ENTITIES PROVIDING COMMITMENTS FOR THE $93,750 AND THE RECEIPT OF A DETAILED CONTACT WITH AGREED TIMETABLES AS TO PAYMENTS AND DELIVERABLES (2) P. R. No. 14529 - A Resolution As It Pertains To The Electoral Process (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Le~rris and seconded by Councilmember Beajrd that Proposed Resolution No. 14529 be adopted. The motion was made by Councilmember Williamson and seconded by Councilmemt~er Henderson that Proposed Resolution 14529 be tabled until after Executive Session. The following roll call vote was taken on the motion to tabled Proposed Resolution No. 14529 until after Executive Session: Councilmember Beard No Councilmember Chatman Yes Councilmember Henderson Yes Councilmember ]ones No Councilmember Lewis No Mayor Pro Tem Sinegal No Councilmember Williamson Yes Mayor Prince Yes The motion to table Proposed Resolution no. 1452.9 until after Executive Session failed. Councilmember Lewis declared that the treason for the submission of Proposed Resolution No. 14529 to the Department of Justice is to have them rescind their letker of July 19, 2006 approving the City Charter Amendment Section lA. Council Positions 7 & 8; that changes Positions 7 & 8 from two (2) year terms, elected by plurality vote to three (3) year terms elected by a majority vote. He also stated by keeping Positions 7 and 8 as three year terms would suppress the minority vote. Councilmember Lewis further informed the Council that the approval of this proposed resolution would create a need for a Special Election to present the C',harter change to the voting public. The City Attorney gave a brief overview of the litigation background regarding Positions 7 & 8 changing it from a majority vote to a plurality vote which was decided by a three judge panel at the Supreme Court. While he did concede that the subject of a plurality vote is an issue for further consideration he suggested waiting until after the 2810 Census is issued to implement such plans when the Council will be afforded a complete picture of the racial demographics of the voting public. Also he added that there wire two approval letters regarding this subject from the Department of Justice before end after the 2006 election and have issued a statement that they will not rescind these letters. But that if the Council agrees that this issue be brought before the voters again they will address it at the time of pre-clearance„ Therefore his opinion is to wait until the 2010 Census is issued which at that time the district voting lines and other major consideration will be warranted, as well as the question of a plurality vote. The following roll call vote was taken on the motion to approve Proposed Resolution No. 14529: Councilmember Beard Yes Councilmember Chatman Yes Councilmember Henderson No City Council Minutes Regular Meeting -January 29, 2008 10 Councilmember ]ones Yes Councilmember Lewis Yes Mayor Pro Tem Sinegal Yes Councilmember Williamson No Mayor Prince No Proposed Resolution No. 14529 was adopted becoming Resolution No. 08-033. The caption of Resolution No. 08-033 reads as follows: RESOLUTION NO. 08-033 A RESOLUTION AS IT PERTAINS TO THE ELECTORAL PROCESS (REQUESTED BY COUNCILMEMBER LEWIS) (5) P. R. NO. 14542 - A Resa~lution Accepting Water Utility Easements From Port Arrthur Holdings III For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur The Mayor introduced the above-mentioned F~roposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Chatm~n and carried Proposed Resolution No. 14542 ~Nas adopted becoming Resolution No. q8- 034. Voting Yes: Mayor Prince; Mayor Pro Tem ;Sinegal; Councilmembers Chatman, ]ones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-032 reads as follows: RESOLUTION NO. 08-034 A RESOLUTION ACCIEPTING WATER UTILITY EASEMENTS FROM PORT' ARTHUR HOLDINGS III FOR THE CONSTRUCTION, INSTALLATION, LAYING, AND MAINTAINING OF WATER UTILITIES IN THE CII~( OF PORT ARTHUR (7) P. R. No. 14544 - A Resolution Amending The Agreement Between The City Of Port Arthur And Carl Parker (Requested By Mayor Prina:) The Mayor introduced the above-mentioned (Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Jones that Proposed Resolution No. 14544 be adopted. The City Attorney stated that the Proposed Resolution does include an increases of compensation. By increasing his current reitainer from $2,000 per month and $3,$00 during Special Legislative Sessions to $3,400 per month and $4,900 during Speicial Legislative Session. City Manager commented that during the initial negotiations, approximately elerren years ago, Mayor Morgan and he were informed that this type of legal service normlally would average around $125,000 just for Special. Legislative Session. The terms of (the agreement that are subject to change at this time has remained the same for most of those eleven years of service. He further stated the values of Mr. Parker's services are City Council Minutes Regular Meeting -January 29, 2008 11 substantiated by his below average fees foir services and numerous legal issues the handles for the city and during the Special Legislative Sessions. Councilmember Williamson and Jones left the meeting at 2:25 p.m. Proposed Resolution No. 14544 was adopted becoming Resolution No. 08-035. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard and Lewis. Voting No: None. The caption of Resolution No. 08-035 reads as follows: RESOLUTION NO. 08-035 A RESOLUTION AMEIVDING THE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND CARL PARKER (RE:QUESTED BY MAYOR PRINCE) (8) P. R. NO. 14546 - A Resolution As It Pertains To A Consultant Agreement With Carl R. Griffith & Associates For Professional Consulting Services (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Chatman and seconded by Councilmember Henderson that Proposed Resolution No. 14546 be adopted. The City Manager gave an overview of the consulting services that are included in i~he above-mentioned agreement that states compensation would be based on performance and financial discounts to the city. The City Attorney explained that Mr. Griffith would be soliciting local industry to pay their emission fines to the city sponsoring our Supplemental Environment Program (SEP) instead of paying said fines to the statE;. Councilmember Williamson returned at 2:32 p.m. Councilmember Jones returned at 2:36 p.m. Proposed Resolution No. 14546 was adopted becoming Resolution No. 08-036. Voting Yes: Mayor Prince; Mayor Pro Tem Sineyal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-036 reads as follows: RESOLUTION N0.08-036 A RESOLUTION A5i IT PERTAINS TO A CONSULTANT AGREEEMENT WITH CARL R. GRIFFITH & ASSOCII~TES FOR PROFESSIONAL CONSULTING SERVICES (REQUESTED BY MAYOR PRINCE) B. Ordinances City Council Minutes Regular Meeting -January 29, 2008 12 (1) P. O. No. 5833 - An Ordinance Amending Section 78-269 Of The Code Of Ordinances Of The City Of Port Arthur As It Pertains To Travel Expenses The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Chatman that Proposed Ordinance No. 5833 be adopted. Rebecca Underhill Finance Director appeared before the City Council to explain thlat employees are paid the IRS rate for mileage unless they receive a monthly aulto allowance then they are paid $0.10 less ghat the IRS rate. She also added tf~at Councilmembers are paid the full IRS rate for travel beyond fifty miles outside the city limits. Proposed Ordinance No. 5833 was adopted becoming Ordinance No. 08-13. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-13 reads as follows: ORDINANCE NO. 08-13 AN ORDINANCE AMENDING SECTION 78-269 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AS IT PERTAINS TO TRAVEL EXPENSES (3) P. O. No. 5839 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2007 And Ending September 30, 2008 To Fund Additional Legal And Consulting Services The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Jones aind carried Proposed Ordinance No. 5839 be adopted. Proposed Ordinance No. 5839 was adopted becoming Ordinance No. 08-14. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jonirs, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-14 reads as follows: ORDINANICE NO. 08-14 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOFt THE FISCAL YEAR BEGINNING OCTOBER 1,, 2007 AND ENDING SEPTEMBER 30, 200~B TO FUND ADDITIONAL LEGAL AND CONSULTING SERVICES (4) P. O. No. 5840 - An Ordinance Amending Subsection (9) Of Section 2-75 (b) Of The Code Of Ordinances As It Pertains To Limiting Debate On Non-Consent Issues Brought To The City Council Minutes Regular Meeting -January 29, 2008 13 Floor For Debate By The City Council (Requested By Councilmember Henderson) The City Manager introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmembeer Chatman that Proposed Ordinance No. 5840 be adopted. Councilmember Henderson addressed the need to limit debate of anon-consent item by the City Council to five minutes. He also added that the amendment should incline language that if the Councilmember needed more than five minutes and extensipn could be granted by a majority vote of the Council. The motion was made by Councilmember Beard and seconded by Councilmember Williamson that Proposed Ordinance No. 5840 be amended as follows: Time will be kept by the presiding officer by an approved device. The motion to amend Proposed Ordinance No~. 5840 was approved. Proposed Ordinance No. 5840 was adopted as amended becoming Ordinance No. 08- 15. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-15 reads as follows: ORDINANCE NO.08-15 AN ORDINANCE AMENDING SUBSECTION (9) OF SECTION 2-75 (B) OF THE CODE OF ORDINANCES AS IT PERTAINS TO LIMITING DEBATE ON NON-CONSENT ISSUES BROUGHT TO THE FLOOR FOR: DEBATE BY THE CITY COUNCIL (REQUESTE:D BY COUNCILMEMBER HENDERSON) (5) P. O. No. 5841- An Ordinance As It Pertains To The Zoning Ordinance And The Standards For Sexually Oriented Businesses The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Beard, sE~conded by Councilmember Williamson and carried Proposed Ordinance No. 5841 was adopted becoming Ordinance No. 08-16. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-16 reads as follows: ORDINANCE NO. 08-16 AN ORDINANCE AS IT PERTAINS TO THE ZONING ORDINANCE AND THE STANDARDS FOR SEXUALLY ORIENTED BUSINESSES City Council Minutes Regular Meeting -January 29, 2008 14 VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT C. *Reports And Recommendat;ions (1) Report By Fire Chief Richaird Regarding Construction Of New Fire Station #6 Larry Richards Fire Chief appeared before the City Council to give an update on tlhe design build concept of the proposed fire :station to be located at 9th Avenue and Highway 73. City Manager Fitrgibbons discussed the possibility of a Joint Police/Fire Administration building through a $9 million dollar grant frorn the state, to be matched by a $3 million dollar grant. But, he stated, the property on 9th Avenue is not be large enough Ito accommodate this type of joint project, therefore other properties are being considered for those plans. (3) Report On Possible Changes In TDHCA Reconstruction/Rehabilitation Funding Limits City Manager Fitrgibbons commented that TDHCA are in discussions to reduce the amount for TDHCA rehab funding from $60,000 down to $25,000 and for now construction $100,000 down to $60,000 that can only be increased according to the silze of a family. He also stated that it is the intenition of city staff and other state officials'to voice their opposition to this reduction in Reconstruction/Rehabilitation Funding Limits. IX. *CLOSED MEETING (EXECUTIVE SIESSION) Closed Meeting: (1) Section 551.071 Government Codes - To Discuss Incentives For Commercial, Residential, And Industrial Business Prospects (2) Section 551.072 Government Code -~ To Discuss The Value Of Land At 4th Street And Mobile And Shreveport (3) Section 551.071 Government Code -• To Discuss Potential Litigation As It Pertains Electoral Process (4) Section 551.071 Government Code - To Discuss The Pending Litigation As It Pertains To City Of Port Arthur Vs Entergy (5) Section 551.071 Government CodE~ - To Discuss With The City Attorney The Pending Litigation As :[t Pertains To Jefferson County Vs City Of Port Arthur (6) Section 551.071 Government Code - To Discuss With The City Attorney Potential Litigation As It Pertains To Collecting Arrearages Owed To The City (7) Section 551.071 Government Codes - To Discuss With The City Attorney Potential Litigation As It Pertains To Pleasure Islet (8) Section 551.072 Government Gode •• To Discuss The Value Of Land At Memorial Boulevard And 32n`~ Street The City Council recessed their meeting at 3:00 p.m. to meet in Executive Session to consider the above-mentioned topics, and reconvened their meeting at 5:27 p.m. with the following members present: Mayor Prince; Mayor Pro Tem Sinegal; Councilmemb~rs Chatman, Jones, Henderson, Williamson and Lewis; City Manager Fitrgibbons; pity Secretary Green and City Attorney Sokolow. Councilmember Beard returned to the meeting at 5:38 p.m. VII. ITEMS REQUIRING INDIVIDUAL I~CTION CONTINUED B. Ordinances City Council Minutes Regular Meeting -January 29, 2008 15 (3) P. O. No. 5837 - An Ordinance Authorizing The City Manager And City Attorney To Transfer The Building And Lot At Memorial Boulevard ~1nd 32nd Street To The Truth & Education Corporation (Requested By Councilmember Lewis) The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Jones, and carried Proposed Ordinance No. 5837 was removed from the agenda. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. VII. ITEMS REQUIRING INDIVIDUAL ACTION NON-CONSENT Resolution -Consent (9) P. R. No. 14535 - A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $27,000.00, And Authorizing The Execution Of A Contract For The Demolition Of Six (6) Dangerous Residential Properties (Group A-t), To Be Charged To Account No. 106-1425- 571.59-00; Project No. RITA,01 The Mayor introduced the above-mentioned F~roposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Resolution No. 14535 be adopted. Proposed Resolution No. 14535 was adopted becoming Resolution No. 08-037. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, ]ones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-037 reads as follows: RESOLUTION NO. 08-037 A RESOLUTION AWARDING A CONTRACT TO LARK GROUP, INC., IN THE AMOUNT OF $27,000.00, AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE DEMOLITION OF SIX (6) DANGEROUS RESIDENTIAL PROPERTIES (GROUP A-T), TO BE CHARGED TO ACCOUNT NO. 106-1425- 571.59-00; PRO]ECT IVO. RITA01 (10) P. R. No. 14536 - A Resolution Awarding A Contract To Lark Group, Inc., In The Amount Of $20,600.00, 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. 1(16-1425-571.59-00; Project No. RITA01 The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting -January 29, 2008 16 Upon the motion of Councilmember Beard, seconded by Councilmember Jones amd carried Proposed Resolution No. 14536 was adopted becoming Resolution No. 08-038.. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-038 reads as follows: RESOLUTION NO. 08-038 A RESOLUTION AWARRDING A CONTRACT TO LARK GROUP, INC., IN THE AMOUNT OF $20,600.00, AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE DEMOLITION OF 1=IVE (5) DANGEROUS RESIDENTIAL PROPEIRTIES (GROUP B-T), TO BE CHARGED TO ACCOUNT NO. 106-1425- 571.59-00; PROJECT NO. RITA01 (11) P. R. No. 14537 - A Resolution Awarding A Contract To Lark Group, Inc. In The Amount ~Of $17,300.00, And Authorizing The Execution Of A Contractt For The Demolition Of Five (5) Dangerous Residential Properties (Group C-t), To Be Charged To Account No. 1016-1425-571.59-00; Project No. RITA01 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Beard, seconded by Councilmember Jones and carried Proposed Resolution No. 14537 was adopted becoming Resolution No. 08-039, Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-039 reads as follows: RESOLUTION NO. 08-039 A RESOLUTION AWARDING A CONTRACT TO LARK GROUP, INC. IN THE AMOUNT OF $17,300.00, 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 INO. RITA01 A. Resolutions (1) P. R. No. 14526 - A Resolution As It Pertains To judge Morrison Acting As A Magistrate (Requested By Mayor Prince) The Mayor introduced the above-mentioned IProposed Resolution. Upon the motion of Councilmember Henderson, seconded by Councilmember Beard and carried Proposed Resolution No. 14526 was adopted becoming Resolution No. 08-040. City Council Minutes Regular Meeting -January 29, 2008 17 Councilmember Chatman returned to the meeting at 5:32 p.m. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, JonQs, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-040 reads as follows: RESOLUTION NO. 08-040 A RESOLUTION AS IT PERTAINS TO JUDGE MORRISON ACTING AS A MAGISTRATE (REQUESTED BY MAYOR PRINCE) (3) P. R. No. 14531 - A Resolution As It Pertains To Entering Into A Settlement Agreement As It Pertains To Entergy The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Williamson, seconded by Councilmember Beard and carried, Proposed Resolution No. 14526 was tabled Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. (6) P. R. No. 14543 - A Resolui:ion As It Pertains To Alternate Municipal Court Judges To A,ct As A Magistrate And Also Act In The Absence Of The Municipal Court judge (Requested By Mayor Prince) The Mayor introduced the above-mentioned F~ropased Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Williamson that Proposed Resolution No. 14543 be adopted. City Attorney Sokolow stated that the Police Chief Blanton will be working on the schedule with the appointed Magistrate and ithat the backup Magistrates are appointeed by the Mayor. Proposed Resolution No. 14543 was adopted becoming Resolution No. 08-041. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Resolution No. 08-040 reads as follows: RESOLUTION NO. 08-040 A RESOLUTION A,S IT PERTAINS TO ALTERNATE MUNICIPAL COURT JUDGES TO ACT AS A MAGISTRATE AND ALSO ACT IN THE ABSENCE OF THE MUUNICIPAL COURT JUDGE (REQUESTED BY MAYOR PRINCE) B. Ordinances City Council Minutes Regular Meeting -January 29, 2008 18 (6) P. O. No. 5842 - An Ordinance Amending Section 86-115 By Adding A New Subsection (c) To The Code Of Ordinances As It Pertains To Special Services As To Trash And Debris Being Transferred To The Ciiy's Landfill The City Manager introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Williamson, seconded by Councilmember Henderson and carried Proposed Ordinance No. 5842 was adopted becoming Ordinanlce No 08-17. Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones, Henderson, Beard, Williamson and Lewis. Voting No: None. The caption of Ordinance No. 08-17 reads as follows: ORDINANCE NO. 08-17 AN ORDINANCE AMENDING SECTION 86-115 BY ADDING A NEW SUBSECTION (C) TO THE CODE OF ORDINANCES AS IT PERTAINS TO SPECIAL SERVICES AS TO TRASH AND DEBRIS BEING TRANSFERRED TO THE CITY'S LANDFILL C. *Re~orts And Recommendations (2) Report On Rescheduling Cite Council Retreat The above-mentioned report was not given. VIII. REPORTS OF BOARDS & COMMITTEES None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Williamson: (1) Reissued his request for a Water Utilities list. (2) Requested a workable file of taxes in arrears from the Tax Assessor's Office. (3) Requested an update on the Seav~rall's traffic line maintenance and widening the sidewalk between the seawall) and the boardwalk. Councilmember Beard: Requested a city wide zoning and land) usage study. Councilmember Lewis: Requested an ordinance amending thE~ Charter to return Positions 7 & 8 to at large seats. X. AD70URNMENT OF MEETING Upon the motion of Councilmember Williamson, seconded by Councilmember Chatnhan and carried unanimously, the City Council adjourned their meeting at 5:39 p.m. City Council Minutes Regular Meeting -January 29, 2008 19 Upon the motion of Councilmember Williamson, seconded by Councilmember Chatm~n and carried unanimously, the City Council adjourned their meeting at 5:39 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. MIAYOR DELORIS °BOBBIE" PRINCE ATTEST: ACTING CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD 7ANU~ARY 29, 2008. APPROVED: _. City Council Minutes Regular Meeting -January 29, 2008 20 EXHIBIT "R" UPDATE ON PLEASURE ISLAND MARINA FACILITY IMPROVEMENTS January 29, 2008 I. Mairna Bulkhead Improvements The bulkhead system in the Marina has experienced erosion, toe failures and wear over the last 20-30 years and is in great need for improvement. Proposed improvements consist of rep~lacir~g the timber bulkhead with a vinyl system that has a product life of 50 years. In addition to shoring the marina's banks, the nearby boat ramp and J-Doc;k also need reconstruction of the sheet piling system. COST ESTIMATE Demolition ==$ 200,000 5,000 LF of Vinyl Shoring System with Tie-backs @ $318.00 per LF = $1,590,000 Contingency (10%) __$ 179,000 Project Management (5%) :_$ gg~50~~0 TOTAL $2,058,500 II. Marina Electrical Improvements The Marina's electrical system does not currently meet the electrical needs of modern watercraft using the facility. Much of the system has aged and does not meet current electrical codes. Proposed improvements include new transformers, power distribution panels, meters and fused disconnects. COST ESTIMATE Demolition =$ 100,000 New Electrical System =_$ 500,OOq Contingency (10%) _$ 50,000 Design-and-Proj~et--M~~ragement{12:~~}- _ _ _ _ __$- 53,{3flfl. TOTAL $ 711,000 III. Lift Station and Force Main Full development potential on Pleasure Island may be impacted due to the limited sewage treatment capacity of the City's plant on the Island. Discussions with the City's Water Utilities Department indicate a preference to eliminate this plant and pump the raw sewage across the Sabine-Neches Canal to the existing sewer trunkline along Lakeshore Drive. The proposed plan of action is to abandon the sewage treatment: plant-and install a new lift station and directional bore for the force main under the Canal. COST ESTIMATE Abandon Sewage Treatment Plant ==$ 100,000 Install New Lift Station Wetwell, Pumps, Piping, etc. _=$ 250,OOi0 Install 1600 LF ^' 8" HDPE FM Directional Bore @ $250.00 /LF ==$ 400,OOi0 Design Engineering and Project Management (12%) __$ 90,000 Contingency (10%) _=$ 75,000 TOTAL $ 915,OOi0 GRAND TOTAL $3,684,500 >`XHII3IT "B" PORT ARTHUR FIRE DEPARTMENT MEMORANDUM To: Steve Fitzgibbons, City Manager From: Larry D. Richard, Fire Chief John Owens, Deputy Police Chieff, Emergency Management Coordinator Re: Local Environmental Issues Date: January 25, 2008 COMN][EN'T There are several agencies that local industry nnust report environmental issues or incidents to. The Texas Commission on Environmental Quality (TCEQ) is the State's primary and comprehensive environmental regulatory agency. The goal of the agency is clean air, clean water, and the safe management of waste. The TCEQ produces an Annual Report (electronically available on the TCEQ's Web Page at http:/tceq.state.tx.us/compliance/enforcement/reports/AER/annenfreport.html). This report contains statistical indicators including the number of investigations, number of notices of violations issued, number of enforcement actions, type of enforcement actions, amount of penalties accessed, deferred, or collected; and any other information the Commission determines is relevant. The 77th Legislative Session also added a requirement in TEX.HEALTH AND SAFETY CODE 382.0215 to assess emissions events, including actions taken by the commission in response to the emissions events. Emissions events are defined as unplanned or unanticipated occurrences of emissions (contaminants released into the air), emissions from unscheduled maintenance, startup, or shutdown activities that release air contaminants. The Oil Spill Prevention and Response Act of 1991 (OSPRA) designated the Texas General Land Office as the lead state agency for preventing and responding to oil spills in the marine environment. The program maintains s;ix offices: one in the state capitol, Austin; and five along the Texas coast. The field offices are located in Nederland, La Porte, Corpius Christi, Port Lavaca and Brownsville. Further prevention efforts include increased boat and harbor patrols, which have heightened the Texas General Land Office's presence on the waterfront. The OSPR "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT .ARTHUR" Page 1 of 3 PORT ARTHUR FIRE DEPARTMENT MEMORANDUM program maintains a comprehensive, unannounced oil spill drill and audit program designed to measure the readiness level of all sectors of the oil handling community: deep draft vessels, pipelines, and shore-based facilities. Facilities and vessel operators are required to address prevention issues, such as leak detection systems, maintenance, and testing and inspection schedules in Oil Spill Prevention and Response plans, the specifics of which are outlined in regulations developed by the program. The second focus of the Oil Spill Prevention and Response Program highlights spill response resources directed at stopping, containing, and cleaning oil spills. The program has compiled a massive spills databank that is used to determine resource allocation, preparedness levels, spill profiles, and corrective activities. In preparation for spills, the program has pre-staged response equipment in sensitive and geographically advantageous locations. The program also maintains a substantial inventory of response equipment including mobile command posts, husbandry and wildlife rehabilitation trailers, fire boom, skimmers, velhicles and vessels. Incidents that are of an emergency nature are immediately responded to by both the Police and Fire Departments. Notification is through the 911 Dispatch Center. The Incident Commander for the Fire Department will set u~p a Unified Command structure with the Emergency Management Coordinator, Police >;lepartment, and Incident Commander designated by the responsible party. The Unified Command will be maintained throughout the incident until the incident is terminated. Thhis is consistent with the National Incident Management System (NIMS) that all emergency operations are required to operate undeir in order to qualify for federal grants. The Police and Fire Department are members of the Sabine Neches Chiefs Association (SNCA) the oldest mutual aid organization in the nation. This membership brings an enormous amount of equipment and personnel to mitigate any emergency response. Members of the Fire, Police and Health Departments are members of and regularly attend the Jefferson County Local Emergency Planning Committee meetings. The Jefferson County LEPC meets every 4th Wednesday at 1:30pm at ISTC; 324 Hwy 69, Nederland TX 77627. The LEPC Web Page is located at http://www.ieffcoleAC.org/default.asp . The purpose of the Jefferson County LEPC is to inform the public by providing adequate awareness information for chemical emergencies and other hazardous situations. Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the Superfund Amendments and Reauthori?;ation Act (SARA Title III), in 1986. The four major provisions of EPCRA are Emergency Planning, Emergency release notification, Hazardous chemical storage reporting requirements, and Toxic chemical release inventory. The Community Right-to-Know (CRTK) provisions in EPCRA help increase public "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT .ARTHUR" Page 2 of 3 PORT ARTHUR FIFE DEPARTMENT MEMORANDUM knowledge and access to information on chemi<:als at individual facilities, their uses, and release into the environment. In compliance with SARA Title III the Governor designated the members of the State Emergency Management Council as the State Emergency Response Commission (SERC). Under EPCRA, the SERC is required to designate Emergency Planning Districts within the state, and to appoint an LEPC for each district„ In Texas, the SERC designated each county as an Emergency Planning Districts. There are 270 LEPCs in Texas, one for every county, with the exceptions of Crosby (2), and Harris (17) counties which have multiple LEPCs. Additionally, two sets of counties, Dallam/Hartley and Potter/Randall have combined LEPCs. LEPC members are nominated by the County Judge and approved by the SERC. The LEPCs are the link between citizens, industry, and government. Because LEPCs are most familiar with the hazards in their community, and because local citizens tend to be the first responders for chemical emergencies, LEPCs are in the best position to assist local governments in developing plans to respond to hazardous material emergencies. Homeland Security Presidential Directive (HSI'D) - 5, Management of Domestic Incidents, directed the development of a new National Response Plan (NRP). The NRP is built on the framework of the National Incident Management System (NIMS), which provides a consistent doctrinal framework for incident management at all jurisdictional levels, regardless of the cause, size, or complexity of the incident. All Federal departments and agencies have adopted NIMS and have been directed to make adoption of NIMS by State, local, and tribal entities a condition for Federal. preparedness assistance beginning in FY 2005. The role of LEPCs is to form a partnership between local government and industry as a resource for enhancing hazardous materials preparedness. Local governments are responsible for the integration of hazmat planning and response within their jurisdiction. This includes ensuring the local hazard analysis adequately addresses hazmat incidents; incorporating planning for hazmat incidents into the local emergency management plan and annexes; assessing capabilities and developing hazmat response capability using local resources, mutual aid and contractors; training; responders; and exercising the plan. It is necessary for industry to be a part of this planning process to ensure facility plans are compatible with local emergency plans. Every regulated facility is responsible for identifying a facility emergency coordinator; reporting hazmat inventories annually to the SERC, LEPC, and local fire department; providing material safety data sheets (MSDS) or a list of hazardous chemicals; allowing local fire departments to conduct on-site inspection of hazmat facilities; and providing annual report of toxic chemicals released, to EPA and the State. "REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT .c~RTHUR" Page 3 of 3