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Home My WebLink AboutF. NOVEMBER 11, 2008 SPECIAL MEETINGSPECIAL MEETING -November il, 2008 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Beard gave the invocation. He recognized Veteran's Day and honored the men and women who have served in the armed forces protecting the United States of America. Councilmember Beard followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, November il, 2008 at 6:02 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Pro Tem Jack Chatman, ]r.; Councilmembers Elizabeth "Liz" Segler, Martin Flood, John Beard, Jr. and Thomas ]. "Tom" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks and City Attorney Mark T. Sokolow. Mayor Deloris "Bobbie" Prince was absent from the Special Meeting. Councilmember Dawana K. Wise was absent from the Special Meeting. Councilmember Robert E. "Bob" Williamson joined the Special Meeting at 6:05 p.m. Councilmember Morris Albright, III joined the Special Meeting at 6:11 p.m. IL PUBLIC HEARING - 6:00 PM NOTICE OF PUBLIC HEARINGS FOR PROPOSED ANNEXATION OF TERRITORY BY THE CITY OF PORT ARTHUR NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING OF THE CITY COUNCIL OF PORT ARTHUR, TEXAS TO BE HELD PURSUANT TO CHAPTER 43 OF THE LOCAL GOVERNMENT CODE IN THE CITY COUNCIL CHAMBERS, CITY HALL, FIFTH FLOOR, 444 4T" STREET AT 6:00 O'CLOCK P.M., ON TUESDAY NOVEMBER 11, 2008, TO REVIEW PLANS. FOR THE PROPOSED ANNEXATION OF THE PROPERTIES OF ATOFINA, BASF/FINA, CHEVRON PHILLIPS, CHEVRON USA, CLARK, PREMCOR, VALERO, EQUILON, GREAT LAKES CARBON, OXBOW CALCINING, LLC, HUNTSMAN, FLINT HILLS, FLINT HILL RESOURCES, PRAXAIR AND ENTERGY WHICH INCLUDES .BUT IS NOT LIMITED TO THE PROPERTIES THAT WERE SUBJECT TO THE "IN LIEU OF TAX" AND "INDUSTRIAL AGREEMENTS" AS DELINEATED BELOW. A SECOND PUBLIC HEARING SHALL BE HELD TUESDAY, NOVEMBER 18, 2008 IN THE CITY COUNCIL CHAMBERS, CITY HALL, FIFTH FLOOR, 444 4T" STREET AT 7:00 O'CLOCK P.M. (IF MORE THAN 20 ADULT RESIDENTS OF THE AREA FILE A WRITTEN PROTEST OF THE ANNEXATION WITH THE CITY SECRETARY WITHIN TEN DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE, THE SECOND HEARING SHALL BE HELD IN THE TERRITORY PROPOSED FOR ANNEXATION). THE FOLLOWING COMPANIES HAVE "IN LIEU OF TAX" AGREEMENTS OR "INDUSTRIAL DISTRICT AGREEMENTS° WITH THE CITY OF PORT ARTHUR THAT EXPIRE ON DECEMBER 31, 2008. THESE PROPERTIES ARE THE SUBJECT OF THE PUBLIC HEARINGS: • ATOFINA BY RES. NO. 01-301 (2002 - 2008) (NOW TOTAL PETROCHEMICALS, USA, INC.) • BASF/FINA BY RES. NO. 98-291 (1999 - 2008) • BASF (OLD SANDOZ) BY RES. NO. 07-439 (2008) • CHEVRON PHILLIPS BY RES. NO. 03-355 (2004 - 2008) • CHEVRON USA BY RES. NO. 03-354 (2004 - 2008) • CLARK BY RES. NO. 98-288 (2004 - 2008) • CLARK HOUP BY RES. NO. 98-289 (1999 - 2008) • EQUILON BY RES. NO. 03-353 (2004 - 2008) • GREAT LAKES CARBON BY RES. NO. 01-308 (2002 - 2008) (NOW OXBOW CALCINING, LLC) • HUNTSMAN BY RES. NO. 03-296 (2004 - 2008) (NOW FLINT HILLS & FLINT HILL RESOURCES, LP) • PRAXAIR BY RES. NO. 02-315 (2003 - 2008) AND; ENTERGY HAS METERING LOCATIONS AND SUBSTATIONS IN THE CITY'S EXTRATERRITORIAL JURISDICTION (ETJ) AND IN THESE INDUSTRIAL AREAS THAT THE CITY SEEKS TO ANNEX; THE CITY OF PORT ARTHUR DESIRES TO ANNEX THE PROPERTIES AS DESCRIBED ABOVE THAT ARE LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY AS WELL AS THE NECESSARY ADJACENT LAND TO CONNECT THERETO SO THAT THE ANNEXED PROPERTY WILL BE CONTIGUOUS TO THE EXISTING CORPORATE LIMITS AND AT LEAST 1000' IN WIDTH AS DELINEATED IN THE MAP AND ATTACHED LEGAL DESCRIPTIONS. THE PROJECTED DATE FOR THE ADOPTION OF THE ANNEXATION ORDINANCE IS DECEMBER 16, 2008. The Mayor Pro Tem introduced the above-mentioned Public Hearing. Planning, Zoning and Grants Director Colleen Russell appeared before the City Council to present an overview of the proposed annexation of industrial areas. Mayor Pro Tem Chatman opened the Public Hearing at 6:18 p.m. and requested anyone in the audience to come forward to speak on the proposed annexation: Attorney Mike Eaves, 5265 Burwick, Beaumont, Texas, appeared before the City Council as a representative for Valero. Mr. Eaves distributed information and conducted a presentation of comparative tax rates in other cities. He requested Council consideration in Valero's proposal of a 55% effective tax rate. Mr. Eaves spoke on the competitive disadvantages of paying a higher effective tax rate. Mr. Morris Carter, 8324 Chimney Rock Court appeared before the City Council as a representative for Valero. Mr. Carter discussed Valero's various community involvement projects .and financial commitments to non-profit organizations. He spoke against the City's annexation of the industrial areas and requested consideration of the concept of forming a Task Force to assist with negotiations. The City Manager reported that the proposed 55% tax rate would not meet the needs of the City and that other expansion agreements are at lower rate levels. Attorney Mike Eaves appeared before the City Council to make clarification of the current effective tax rate. Chairman-Elect Mark Viator, 2280 Edson Drive, Beaumont Texas, appeared before the City Council on behalf of the Port Arthur Chamber of Commerce. Mr. Viator read a letter from Chamber of Commerce President Mary Ann Reid. On behalf of the Chamber of Commerce, he "recommended consideration of the fact that lowered profitability of industries in this area will not be favorable to industrial expansions or added jobs." City Council Minutes Special Meeting- November 11, 2008 2 K.T. Maintenance President Kenny Timms, 6477 Tahoe, Beaumont, Texas, appeared before the City Council on behalf of his business located at 800 Procter Street. Mr. Timms addressed issues concerning the understanding of the significance of the industry providing jobs to Port Arthur residents and small business owners. He encouraged the City of Port Arthur to negotiate an agreement with Valero. Mr. Bill-Maxey, 4695 Dunleith, Beaumont, Texas, appeared before the City Council as the Accountant and Financial Advisor of K.T. Maintenance. Mr. Maxey requested consideration in the City and Valero reaching a fair and reasonable agreement. Mr. Rooselvelt Petry, Jr., 400 Gulfway Drive, Port- Arthur, Texas appeared before the City Council on behalf of Valero. Mr. Petry discussed issues related to employment and training opportunities. He encouraged the City Council to continue the redevelopment of the downtown area by supporting small businesses. Mrs. Geraldine Hunt, 2114 Cashmere, appeared before the City Council to discuss unemployment concerns. Mrs. Hunt requested consideration in expanding current training and scholarship programs on behalf of the citizens of Port Arthur. Mr. Mark Viator appeared before the City Council to clarify employment numbers and manpower needs. Former Councilmember Willie Lewis, Jr., 2301 Lakeshore Drive, appeared before the City Council on behalf of Valero to question the status of annexation agreements and the annexation process. Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the City Council closed the Public Hearing at 6:58 p.m. III. ADJOURNMENT OF MEETING Upon the motion by Councilmember Williamson, seconded by Councilmember Henderson and carried unanimously, the City Council adjourned their meeting at 6:58 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. MAYOR PRO TEM JACK CHATMAN, JR. ATTEST: ACTING CITY SECRETARY TERRI HANKS END OF SPECIAL MEETING HELD NOVEMBER 11, 2008. APPROVED: City Council Minutes Special Meeting- November 11, 2008 3