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HomeMy WebLinkAboutMARCH 10, 2009 REGULAR MEETINGREGULAR MEETING -March 10, 2009 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Henderson 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, March 10, 2009 at 5:47 p.m. in the City Council Chamber, City Hall, with the following members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Jack Chatman, ]r.; Councilmembers Elizabeth "Liz" Segler, Morris Albright, III., John Beard, Jr., Robert E. "Bob" Williamson and Thomas J. "Tom" Henderson; Acting City Manager John Comeaux, Acting City Secretary Terri Hanks, City Attorney Mark T. Sokolow, and Sergeant At Arms Chief of Police Mark Blanton. For the record, Mayor Prince requested the Sergeant At Arms be included in the roll call. Councilmember Martin Flood was absent from the Regular Meeting Councilmember Dawana K. Wise was absent from the Regular Meeting. II. PROCLAMATIONS & MINUTES Minutes February 10, 2009 Regular Meeting Upon the motion of Councilmember Williamson, seconded by Mayor Pro Tem Chatman and carried unanimously, the City Council approved the above-mentioned minutes. Proclamations Mayor Prince presented the following proclamations: (1) "National Nutrition Month" - March, 2009 Health Department Director Yoshi Alexander and Health Department Nutritionist Rose Quirante appeared before the City Council to accept the proclamation and to extend invitations to attend a Health Fair to be held Friday, March 13, 2009 from 9 a.m. to Noon. (2) "Diamond Alternative Entergy LLC Support Day" - March 10, 2009 No one appeared to receive the above-mentioned proclamation. III. PETITIONS & COMMUNICATIONS A. Sneakers Ellis W. Allen Of The Beautification Commission Regarding April 4, 2009 Yearly Trash Off In Combination With The One Block At A Time Project Mr. Ellis Allen, 4900 Lakeshore Drive, appeared before the City Council to extend invitations to attend the Beautification Commission's 2009 Trash Off event to be held in conjunction with the One Block-At-A-Time program. B. Presentations (1) Presentation By Director Of Finance Rebecca Underhill And Edwards And Fontenote, CPA's, LLP, Of The Comprehensive Annual Financial Report For The City Of Port Arthur, Year Ending September 30, 2008 Assistant Finance Director Deborah Echols appeared before the City Council to present the September 30, 2008 Comprehensive Annual Financial Report (CAFR). Ms. Echols highlighted a summary presentation as shown in the Meeting Minutes as Exhibit "A". Certified Public Accountants Mitch Fontenot and John Edwards appeared before the City Council to state the City of Port Arthur has received an unqualified opinion and that the year ended in conformity with generally accepted accounting principles. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to acknowledge the assistance of Assistant Finance Director Deborah Echols, Grants Accountant Helen Williams, Administrative Aide Jennifer Abraham, and the accounting firm, Edwards and Fontenote, for their preparation of the CAFR. VII. TTEMS REQUIRING INDIVIDUAL ACTION A. Resolutions (5) P.R. No. 15138 - A Resolution Pertaining To The Appointment Of The City Secretary Pursuant To Article VII, Section 1 Of The City Charter (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 15138 be adopted. Mayor Prince read the following amendment into the record: Section 2. That Terri Hanks is herein appointed City Secretary of the City of Port Arthur, effective March 15, 2009, with compensation set at Range SS, Step 3, of the City's Wage and Compensation Plan. Exhibit "A" 1. The auto allowance will continue to be $250.00 per month. 2. The City Secretary shall receive severance pay as follows: Should her employment with the City be terminated for any reason(s), except for malfeasance in office or if she voluntarily terminates, the City will pay the City Secretary three (3) months severance pay. The motion was made by Councilmember Williamson and seconded by Councilmember Albright that Proposed Resolution No. 15138 be adopted as amended by the Mayor. Proposed Resolution No. 15138 was adopted as amended becoming Resolution No. 09-077. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-077 reads as follows: RESOLUTION NO. 09-077 A RESOLUTION PERTAINING TO THE APPOINTMENT OF THE CITY SECRETARY PURSUANT TO ARTICLE VII, SECTION 1 OF THE CITY CHARTER (REQUESTED BY MAYOR PRINCE) City Council Minutes 2 Regular Meeting -March 10, 2009 (6) P.R. No. 15139 - A Resolution Pertaining To The Appointment Of The Assistant City Secretary Pursuant To Article VII, Section 3 Of The City Charter (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Resolution No. 15139 be adopted. Mavor Prince read the following amendment into the record: Section 2. That Sherri Bellard is herby confirmed as Assistant City Secretary, effective March 15, 2009 at Range 47 and initially at Step 3, in accordance with the City of Port Arthur's Wage and Compensation Plan. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Resolution No. 15139 be adopted as amended by the Mayor. Proposed Resolution No. 15139 was adopted as amended becoming Resolution No. 09-078. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-078 reads as follows: RESOLUTION N0.09-078 A RESOLUTION PERTAINING TO THE APPOINTMENT OF THE ASSISTANT CITY SECRETARY PURSUANT TO ARTICLE VII, SECTION 3 OF THE CITY CHARTER (REQUESTED BY MAYOR PRINCE) Mayor Prince administered the Oath of Office to newly appointed City Secretary Terri Hanks and Assistant City Secretary Sherri Bellard. III. PETITIONS & COMMUNICATIONS B. Presentations (2) Eddie Durham, Godfrey And Phyllis Charles Regarding Safe And Drug Free School Summit Mrs. Eddie Durham, 5810 Mauve, appeared before the City Council to discuss the impact of the Safe School Ambassadors Summit. Mrs. Durham reported that the program reduces bullying, harassment, fighting and gang activity. Mrs. Phyllis Charles, 4237 Big Bend appeared before the City Council to discuss the fatality rate among students playing a dangerous game called "Gasp" or the "Choking Game". Mr. Godfrey Charles, 4237 Big Bend, appeared before the City Council to discuss "Alco- Pops: Sweet Drinks with Sour Results" and gang activity. Mr. Charles expressed appreciation for the City's participation in the Community Prosecution Program. VII. ITEMS REQUIRING INDMDUAL ACTION A. Resolutions 3 City Council Minutes Regular Meeting -March 10, 2009 (6) P.R. No. 15139 - A Resolution Pertaining To The Appointment Of The Assistant City Secretary Pursuant To Article VII, Section 3 Of The City Charter (Requested By Mayor Prince) The Mayor requested Proposed Resolution No. 15139 be reconsidered. Mayor Prince read the following amendment into the record: Section 2. That Sherri Bellard is herby confirmed as Assistant City Secretary, effective March 15, 2009 at Range 47 and initially at Step 3, in accordance with the City of Port Arthur's Wage and Compensation Plan and receive a .$250 per month car a//owance. Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, Proposed Resolution No. 15139 was adopted as amended by the Mayor. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-78 reads as follows: RESOLUTION. NO. 09-78 A RESOLUTION PERTAINING TO THE APPOINTMENT OF THE ASSISTANT CITY SECRETARY PURSUANT TO ARTICLE VII, SECTION 3 OF THE CITY CHARTER (REQUESTED BY MAYOR PRINCE) III. PETITIONS & COMMUNICATIONS C. Correspondence Receipt Of Port Arthur Convention And Visitors Bureau 2007-2008 Financial Audit The Convention and Visitors Bureau 2007-2008 Financial Audit as shown in the Meeting Minutes as Exhibit "B". IV. PUBLIC HEARINGS - 7:00 P.M. -NONE V. UNFINISHED BUSINESS (1) P. R. No. 15115 - A Resolution As It Pertains To Members Of The Pleasure Island Commission The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 15115 was tabled. Proposed Resolution No. 15115 was tabled. (2) P. R. No. 15118 - A Resolution Appointing/Reappointing A Member Or Members To The Library Board The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Williamson and carried unanimously, Proposed Resolution No. 15118 was tabled. City Council Minutes 4 Regular Meeting -March 10, 2009 Proposed Resolution No. 15118 was tabled. VI. CONSENT AGENDA Upon the motion of Councilmember Williamson seconded by Councilmember Beard and carried unanimously, the following Consent Agenda items were adopted with the exception of Item H, Proposed Resolutions No. 15128, 15132 and 15134. A. Consideration And Approval Of Awarding A Bid To The Following Vendors: Pencco, Inc., Altivia Corp., DXI Ind., Sterling Water & Therchem For Water Treatment Chemicals For The Utility Operations Department B. Consideration And Approval Of Awarding A Bid To Siemens Water Technologies In The Estimated Amount Of $283,000 For Sodium Chlorite For The Utility Operations Department C. Consideration And Approval Of Awarding A Bid To Moody Brothers, Inc., In The Amount Of $18,850 For A Chlorination System For The Utility Operations Department D. Consideration And Approval Of Payment To Kinloch Equipment And Supply, Inc., In The Amount Of $7,904.36 For Repairs To A 1993 International Vactor Truck (Equipment #986) For The Public Works Department E. Consideration And Approval Of Payment To Crane Tech, Inc., In The Amount Of $16,725.08 For Repairs To A 2006 Ford F-450 Bucket Truck (Equipment #1613) For The Public Works Department F. Consideration And Approval Of Payment To AMPAN Business Systems, Inc., In The Amount Of $8,045 For The Purchase Of A Copier And A One-Year Maintenance Agreement For The Legal Department G. Consideration And Approval Of Payment To HGAC (Through Houston Freightliner) In The Amount Of $80,982 For The Purchase Of A 2010 14CY Dump Truck For The Landfill I. Consideration And Approval Of Payment To Trey's Lawn Service In The Amount Of $1,436.81 For Mowing Privately- Owned And City-Owned Vacant Property In Area A-1 J. Expense Reports: Mayor Deloris "Bobbie" Prince: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $816.70 Councilmember Elizabeth Segler: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $1,144.57 Councilmember Robert E. "Bob" Williamson: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $1,311.09 Acting City Secretary Terri Hanks: Attended Golden Triangle Days, Austin, TX March 1-3, 2009 $974.00 City Council Minutes 5 Regular Meeting -March 10, 2009 Resolutions -Consent (2) P. R. No. 15129 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Tomahawk Lawn Service For Group "1" In An Amount Not To Exceed $10,350.00; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $10,350.00 Proposed Funding: Parks Division, FY 2009 Budget Account No. 001-1207-531.31-00 Proposed Resolution No. 15129 was adopted becoming Resolution No. 09-079. (3) P. R. No. 15130 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Seymour Enterprises For Groups "2", "3A", "3B", "5", "9", And "10" In An Amount Not To Exceed $89,340.; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $89,340 Proposed Funding: Parks Division, FY 2009 Budget Account No. 001- 1207-531.31-00 Proposed Resolution No. 15130 was adopted becoming Resolution No. 09-080. (4) P. R. No. 15131 - A Resolution Awarding A Bid And Authorizing The Execution Of A Mowing Contract Between The City Of Port Arthur And Trey's Tractor Service For Groups "6", "11", & "12" In An Amount Not To Exceed $36,360; Said Annual Contract Is For Mowing Various City Properties, Parks And Right-Of-Ways In The City; Estimated Annual Cost $36,360 Proposed Funding: Parks Division, FY 2009 Budget Account No. 001-1207-531.31-00 Proposed Resolution No. 15131 was adopted becoming Resolution No. 09-081. VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT Item -Consent H. Consideration And Approval Of Payment To The National Urban Technology Center In The Amount Of $7,275 For The Purchase Of Computer Hardware For The Port Arthur Weed And Seed Program The Mayor introduced the above-mentioned Item. The motion was made by Mayor Pro'.Tem Chatman and seconded by Councilmember Beard that Item H be adopted. Planning and Zoning Director Colleen Russell appeared before the City Council to discuss computer replacement used for adult education. Weed and Seed Coordinator LaTonya Turner appeared before the City Council to address inquiries regarding computer training, locations and facilitators. Mayor Pro Tem Chatman requested a Weed and Seed report for the last two years. Councilmember Albright left the Council Chamber at 7:22 p.m. Item H was adopted. Resolutions -Consent City Council Minutes 6 Regular Meeting -March 10, 2009 (i) P. R. No. 15128 - A Resolution Authorizing The City Manager To Execute A Contract With Alpha-Lee Enterprises, Inc., Regarding The July 4, 2009 Fireworks Display. Total Cost Of The Contract Is $14,800 (Account No. 001-1003-512.59-00 M99901) (Requested By City Manager) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15128 be adopted. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to discuss prospective participants for the 2009 July 4~' Fireworks Celebration. Councilmember Williamson left the Council Chamber at 7:32 p.m. Proposed Resolution No. 15128 was adopted becoming Resolution No. 09-082. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-082 reads as follows: RESOLUTION NO. 09-082 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALPHA-LEE ENTERPRISES, INC., REGARDING THE JULY 4, 2009 FIREWORKS DISPLAY. TOTAL COST OF THE CONTRACT IS $14,800 (ACCOUNT NO. 001-1003-512.59-00 M99901) (REQUESTED BY CITY MANAGER) (5) P. R. No. 15132 - A Resolution Authorizing The City Manager To Execute A Professional Services Contract With Retail Merchants Association To Provide Collection Services Related To Delinquent Accounts The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15132 be adopted. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries related to delinquent accounts and collection fees. Proposed Resolution No. 15132 was adopted becoming Resolution No. 09-083. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-083 reads as follows: RESOLUTION N0.09-083 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH RETAIL City Council Minutes ? Regular Meeting -March 10, 2009 MERCHANTS ASSOCIATION TO PROVIDE COLLECTION SERVICES RELATED TO DELINQUENT ACCOUNTS (6) P. R. No. 15134 - A Resolution Approving Water And Sewer Adjustment To Certain Utility Accounts The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Henderson that Proposed Resolution No. 15134 be adopted. Councilmember Albright returned to the Council Chamber at 7:35 p.m. Assistant City Manager/Administration Rebecca Underhill appeared before the City Council to address inquiries related to delinquent commercial water and sewer accounts. Proposed Resolution No. 15134 was adopted becoming Resolution No. 09-084. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-084 reads as follows: RESOLUTION NO. 09-084 A RESOLUTION APPROVING WATER AND SEWER ADJUSTMENT TO CERTAIN UTILITY ACCOUNTS A. Resolutions (1) P. R. No. 15099 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 45, Block 2, Schmyser 3 Addition (509 West 6"' Street) And To Execute The Closing Documents (Project #CIP909, Account N o. 303-1601-591.81-00) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Henderson and seconded by Councilmember Albright that Proposed Resolution No. 15099 be adopted. Councilmember Henderson and Councilmember Albright withdrew their motions to adopt. (2) P. R. No. 15126 - A Resolution Approving The Payment Of An Invoice For Entergy Texas, Inc. In The Amount Of $142,802.92 For The Future Installation Of Three Underground Switch Cabinets At The Spur 93 Business Park Located At 9555 W. Port Arthur Road The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Albright, seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15126 be adopted. EDC Executive Director Floyd Batiste appeared before the City Council to address inquiries regarding the Business Park's switch cabinets. Proposed Resolution No. 15126 was adopted becoming Resolution No. 09-085. City Council Minutes g Regular Meeting -March 10, 2009 Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-085 reads as follows: RESOLUTION NO. 09-085 A RESOLUTION APPROVING THE PAYMENT OF AN INVOICE FOR ENTERGY TEXAS, INC. IN THE AMOUNT OF $142,802.92 FOR THE FUTURE INSTALLATION OF THREE UNDERGROUND. SWITCH CABINETS AT THE SPUR 93 BUSINESS PARK LOCATED AT 9555 W. PORT ARTHUR ROAD (1) P. R. No. 15099 - A Resolution Authorizing The City Manager And The City Attorney To Purchase Lot 45, Block 2, Schmyser 3 Addition (509 West 6"' Street) And To Execute The Closing Documents (Project #CIP909, Account No. 303-1601-591.81-00) Mayor Prince recused herself from any discussion or action regarding the above- mentioned item and filed a conflict of interest affidavit with the City Secretary. Mayor Pro Tem Chatman temporarily served as Presiding Officer and reintroduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright, seconded by Councilmember Henderson and carried unanimously, Proposed Resolution No. 15099 was adopted becoming Resolution No. 09-086. Voting Yes: Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-086 reads as follows: RESOLUTION N0.09-086 A RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO PURCHASE LOT 45, BLOCK 2, SCHMYSER 3 ADDITION (509 WEST 6TH STREET) AND TO EXECUTE THE CLOSING DOCUMENTS (PROJECT #CIP909, ACCOUNT NO. 303-1601-591.81-00) Mayor Prince returned as the Presiding Officer. (3) P.R. No. 15136 - A Resolution Pertaining To The Terms Of Employment Of Stephen Fitzgibbons As City Manager And Authorizing The Mayor To Execute A New Agreement Pursuant To Article V, Section 1 Of The City Charter (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. Mayor Prince read the following amendment into the record: City Council Minutes 9 Regular Meeting -March 10, 2009 Exhibit "B" The following changes in the agreement are herein approved: 1. The salary of Stephen Fitzgibbons shall be placed Range 88, Step 8 effective March 15, 2008. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15136 be adopted as stated-above by Mayor Prince. Proposed Resolution No. 15136 was adopted as amended over the dissenting vote of Councilmember Beard, becoming Resolution No. 09-087. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright and Henderson. Voting No: Councilmember Beard. The caption of Resolution No. 09-087 reads as follows: RESOLUTION NO. 09-087 A RESOLUTION PERTAINING TO THE TERMS OF EMPLOYMENT OF STEPHEN FTTZGIBBONS AS CITY MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE A NEW AGREEMENT PURSUANT TO ARTICLE V, SECTION 1 OF THE CITY CHARTER (REQUESTED BY MAYOR PRINCE) (4) P.R. No. 15137 - A Resolution Pertaining To The Terms Of Employment Of Mark Sokolow As City Attorney, And Authorizing The Mayor To Execute A New Agreement Pursuant To Article VI, Section i Of The City Charter (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. Mavor Prince read the following amendment into the record: Exhibit "B" The following changes in the agreement are herein approved: 1. The salary of Mark Sokolow shall be placed at Range 72, Step 10, effective March 15, 2009; 2. Should your employment with the City be terminated for any reason, except for malfeasance in office or it you voluntarily terminate, the City shall pay nine (9) months severance pay. The motion was made by Councilmember Albright and seconded by Mayor Pro Tem Chatman that Proposed Resolution No. 15137 be adopted as amended by Mayor Prince. Proposed Resolution No. 15136 was adopted as amended over the dissenting vote of Mayor Pro Tem Chatman, becoming Resolution No. 09-087. Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Beard and Henderson. Voting No: Mayor Pro Tem Chatman. City Council Minutes to Regular Meeting -March 10, 2009 The caption of Resolution No. 09-088 reads as follows: RESOLUTION N0.09-088 A RESOLUTION PERTAINING TO THE TERMS OF EMPLOYMENT OF MARK SOKOLOW AS CITY ATTORNEY, AND AUTHORIZING THE MAYOR TO EXECUTE A NEW AGREEMENT PURSUANT TO ARTICLE VI, SECTION 1 OF THE CITY CHARTER (REQUESTED BY MAYOR PRINCE) (7) P.R. No. 15140 - A Resolution As It Pertains To Creating A Committee As It Pertains To The Cultural Lighted Holiday Parade (Requested By Mayor Prince) The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Albright seconded by Mayor Pro Tem Chatman and carried unanimously, Proposed Resolution No. 15140 was adopted becoming Resolution No. 09-089. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard and Henderson. Voting No: None. The caption of Resolution No. 09-089 reads as follows: RESOLUTION N0.09-089 A RESOLUTION AS IT PERTAINS TO CREATING A COMMITTEE AS IT PERTAINS TO THE CULTURAL LIGHTED HOLIDAY PARADE (REQUESTED BY MAYOR PRINCE) B. Ordinances (3)' P. O. No. 5989 - An Appropriation Ordinance Amending The Budget For The Fiscal Year Beginning October 1, 2008 And Ending September 30, 2009 As To Provide Additional Funding For ]ob Training Programs, Award Program Related To The Reporting Of Illegal Dumping, And Equipment Acting City Manager John Comeaux introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Henderson, seconded by Councilmember Albright and carried unanimously, Proposed Ordinance No. 5989 was adopted becoming Ordinance No. 09-21. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard and Henderson. Voting No: None. The caption of Ordinance No. 09-21 reads as follows: City Council Minutes 11 Regular Meeting -March 10, 2009 ORDINANCE NO. 09-21 AN APPROPRIATION ORDINANCE AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009 AS TO PROVIDE ADDITIONAL FUNDING FOR JOB TRAINING PROGRAMS, AWARD PROGRAM RELATED TO THE REPORTING OF ILLEGAL DUMPING, AND EQUIPMENT Councilmember Williamson returned to the Council Chamber at 7:50 p.m. A. Resolutions (8) P.R. No. 15141 - A Resolution Approving An Award Program As It Pertains To Reporting Persons That Dump Tires And Other Litter The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Beard and seconded by Councilmember Albright that Proposed Resolution No. 15141 be adopted. The motion was made by Councilmember Albright and seconded by Councilmember Beard that Proposed Resolution No. 15141 be amended as follows: Section 2. That the City Manager is herein authorized to create or facilitate an anonymous tip program with Crime Stoppers or similar groups as to provide up to $1,000 to an informant that reports a person or persons who dump tires and other litter, which leads to their arrest and conviction. Chief of Police Mark Blanton appeared before the City Council to report that the reward amount would be determined by the sliding scale currently used by Crime Stoppers. The motion to amend Proposed Resolution No. 15141 carried. Proposed Resolution No. 15141 was adopted becoming Resolution No. 09-090. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Resolution No. 09-090 reads as follows: RESOLUTION NO. 09-090 A RESOLUTION APPROVING AN AWARD PROGRAM AS TT PERTAINS TO REPORTING PERSONS THAT DUMP TIRES AND OTHER LITTER (9) P.R. No. 15135 - A Resolution As It Pertains To Setting Public Hearings As To The Disannexation Of Property As Requested By The City Of Groves The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Williamson that Proposed Resolution No. 15135 be adopted. City Council Minutes 12 Regular Meeting -March 10, 2009 The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Williamson that Proposed Resolution No. 15135 be amended to include Exhibit "B". The City Attorney addressed inquiries related to Exhibit "B" and as shown in Exhibit "C" of the Meeting Minutes. The motion to amend Proposed Resolution No. 15135 carried. Proposed Resolution No. 15135 was adopted as amended over the dissenting vote of Councilmember Beard, becoming Resolution No. 09-091. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Williamson and Henderson. Voting No: Councilmember Beard. The caption of Resolution No. 09-091 reads as follows: RESOLUTION N0.09-091 A RESOLUTION AS IT PERTAINS TO SETTING PUBLIC HEARINGS AS TO THE DISANNEXATION OF PROPERTY AS REQUESTED BY THE CITY OF GROVES B. Ordinances (1) P.O. No. 5974 - An Ordinance As It Pertains To Appointing A Presiding Judge Of The Counting Station, Alternate Presiding Judge Of The Counting Station, Tabulation Supervisor, Ballot Production Specialist, Counting Station Manager And Deputy Counting Station Manager For The May 9, 2009 General And Special Elections Un estatuto que concierne designer a un Encargado de Estacion de Conteo, Supervisor de Tabulacion, Juez que Preside la Estacion de Conteo y Juez Alternativo que Preside la Estacion de Conteo pare las Elecciones Generates y Especiales de19 de mayo, 2009 Acting City Manager John Comeaux introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Beard and seconded by Councilmember Henderson that Proposed Ordinance No. 5974 be adopted. City Secretary Terri Hanks read the following aooointments into the record: Presiding Judge of Counting Station Harold ]oseph, Sr. Alternate Presiding ]udge of Counting Station Louis May Tabulation Supervisor David Patino, Hart Intercivic Ballot Production Specialist Lesya Marsden, Hart Intercivic Counting Station Manager Sherri Bellard, City of Port Arthur Deputy Counting Station Manager Kelty Moore, City of Port Arthur Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 09-22 reads as follows: City Council Minutes 13 Regular Meeting -March 10, 2009 ORDINANCE NO. 09-22 AN ORDINANCE AS IT PERTAINS TO APPOINTING A PRESIDING JUDGE OF THE COUNTING STATION, ALTERNATE PRESIDING ]UDGE OF THE COUNTING STATION, TABULATION SUPERVISOR, BALLOT PRODUCTION SPECIALIST, COUNTING STATION MANAGER AND DEPUTY COUNTING STATION MANAGER FOR THE MAY 9, 2009 GENERAL AND SPECIAL ELECTIONS UN ESTATUTO QUE CONCIERNE DESIGNAR A UN ENCARGADO DE ESTACION DE CONTEO, SUPERVISOR DE TABULACION, ]UEZ QUE PRESIDE LA ESTACION DE CONTEO Y JUEZ ALTERNATIVO QUE PRESIDE LA ESTACIUN DE CONTEO PARR LAS ELECCIONES GENERALES Y ESPECIALES DEL 9 DE MAYO, 2009 (2) P. O. No. 5975 - An Ordinance Designating The Early Voting Ballot Board, Deputy Early Voting Clerks, And The Election Day Presiding Judges, Alternate Presiding Judges And Clerks, For The May 9, 2009 General And Special Election Un Estatuto que Denomina a Empleados de Oficina de Votaci6n Anticipada y Jueces del Dia de Election, para las Elecciones Generates y Especiales del 9 de mayo, 2009 Y Bajo los Terminos de Election Acting City Manager John Comeaux introduced the above-mentioned Proposed Ordinance. The motion was made by Councilmember Williamson and seconded by Councilmember Beard that Proposed Ordinance No. 5975 be adopted. Human Resource Director Albert Thigpen appeared before the City Council to address inquiries related to the "At Wi//Emp/oymentDisc%sure Statement" Councilmember Williamson made the following statement for the record: I just want to go on the record. I do not share those views (Counci/member Beards statement regarding conducting e%ctionsJ. I do not think the problems are the results of interference or the personnel conducting the elections. The motion was made by Mayor Pro Tem Chatman and seconded by Councilmember Beard that Proposed Ordinance 5975 be amended as follows: Memorial Ninth Grade Campus (Formerly Lincoln High School) Presiding Judge: Alternate Judge: Election Day Clerk: Audrey Prater Lillian LeBlanc Georgians Champs The following roll call vote was taken on the motion to amend Proposed Ordinance 5975: City Council Minutes 14 Regular Meeting -March 10, 2009 Councilmember Albright Councilmember Beard Mayor Pro Tem Chatman Councilmember Henderson Councilmember Segler Councilmember Williamson Mayor Prince Mayor Prince abstained. The motion to amend Proposed Ordinance No. 5975 failed to carry "No" "Yes" "Yes" "No" "No" "No" "No" Proposed Ordinance No. 5975 was adopted becoming Ordinance No. 09-23. Voting Yes: Mayor Prince; Mayor Pro Tem Chatman; Councilmembers Segler, Albright, Beard, Williamson and Henderson. Voting No: None. The caption of Ordinance No. 09-23 reads as follows: ORDINANCE NO. 09-23 AN ORDINANCE DESIGNATING THE EARLY VOTING BALLOT BOARD, DEPUTY EARLY VOTING CLERKS, AND THE ELECTION DAY PRESIDING JUDGES, ALTERNATE PRESIDING JUDGES AND CLERKS, FOR THE MAY 9, 2009 GENERAL AND SPECIAL ELECTION UN ESTATUTO QUE DENOMINA A EMPLEADOS DE OFICINA DE VOTACION ANTICIPADA Y JUECES DEL DIA DE ELECCION, PARR LAS ELECCIONES GENERALES Y ESPECIALES DEL 9 DE MAYO, 2009 Y BAJO LOS TERMINOS DE ELECCION C. *Reoorts And Recommendations (1) November & December, 2008 Financial Reports Assistant City Manager/Administration Rebecca Underhill presented the above- mentioned report. (2) 2009 CDGB Allocation Recommendations Grants Director Mary Essex presented the above-mentioned report. Mayor Pro Tem Chatman requested a Special Meeting be held at 5:00 p.m., Monday, March 16, 2009 to discuss the CDBG allocation recommendations. (3) Report On The Criteria governing Grass Cutting Evaluations And Inspections (Requested By Mayor Pro Tem Chatman) Community Services Director Lawrence Baker appeared before the City Council to address the above-mentioned report. (4) Report On Stimulus Package Assistant City Manager/Administration Rebecca Underhill presented the above-mentioned report. City Council Minutes I5 Regular Meeting -March S0, 2009 VIII. REPORTS OF BOARDS & COMMITTEES -None IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Mavor Prince: (1) Requested a report on frozen employee step raises. (2) Requested a cost analysis regarding creating city demolition crews. (3) Announced that Chief of Police Mark Blanton will be honored for outstanding community service, at the Park Central Holiday Inn, 7:00 p.m. Tuesday, March 17, 2009. (4) Requested a report on hiring additional police officers. Councilmember Beard: (1) Requested a report on expediting and consolidating demolition projects. (2) Requested a report on moving utility lines to alleys. (3) Requested a report on animal control laws regarding dangerous animals. (4) Requested a report on sponsoring an Economic Development Summit for late spring or early summer. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Segler seconded by Councilmember Beard, and carried unanimously, the City Council adjourned their meeting at 8:49 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 DELORIS "BOBBIEn PRINCE ATTEST: CITY SECRETARY TERRI HANKS END OF REGULAR MEETING HELD March 10, 2009. APPROVED: City Council Minutes 16 Regular Meeting -March 10, 2009 ~XHIf31T "A" City of Port Arthur, Texas Comprehensive Annual Financial Report September 30, 2008 Report Format ^ Introductory Section . Transmittal letter ^ Overview of the City ^ Local Economic Outlook ^ Certificate of Excellence for the 2007 Report ^ Listing of City Officials .Organization Chart 1 Report Format ^ Financial Section . Auditor's Opinion . Management's Discussion and Analysis ^ Highlights of the report .Overview of the results of operations . Basic Financial Statements ^ Footnotes . Individual Fund Statements Report Format . Statistical Section . Various statistical information regarding City operations. . Historical information for 10 years in most areas. 2 Financial Section Auditor's Opinion . Edwards and Fontenote, CPAs issued an "unqualified opinion." (page 1) .This is the best audit opinion available. . "In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, the aggregate remaining fund information and the respective budgetary comparison ..." Management's Discussion and Analysis A narrative overview of the financial statements ^ Financial Highlights . Net Assets decreased $8.6 million . Governmental Fund Balances (total) were $29 million .General Fund Balance ended the year at $14.5 million, 33% of expenditures and within financial policy guidelines Government wide statements pages 13-15 . Government -wide financial statements are full accrual . Two types of activities . Governmental type ^ Major - . General fund, debt service funds, CDBG, FEMA, Transit . Non Major - ^ Grant funds, capital projects ^ Business -type . Water Utility Fund . Solid Waste Fund 4 Government-wide Statements Statement of Net Assets page 13 ^ Total Assets - $198,200,212 . Includes the reporting of Government type infrastructure (Streets and Drainage) ^ Total Liabilities - $101,590,650 . Includes all bonded debt, estimated liabilities for landfill closure and long-term risk liabilities Net Assets - $96,609,562 Government-wide Statements Statement of Activities page 15 ^ Total Expenses - $90.6 million . Of all 'activities' of the city .Includes capital cost -depreciation ^ Program Revenues - . Charges for services - $24.7 million . Grants - $11.0 million ^ General Revenue - $46.2 million ^ Change in Net Assets - ($8.6 million) s Governmental Funds Balance Sheet page 19 ^ Governmental funds (funds that are not utility activities) . Presented on modified accrual basis (budget basis) ^ Total Assets - $47.3 million . Total Liabilities - $18.3 million ^ Ending Fund Balance - $29.0 million . Conversion is detailed at bottom of schedule Governmental Funds Balance Sheet (CONT'D) ^ Fund Balances - . General Fund . Debt Service ^ FEMA . Capital Projects . Non Major funds $11.9 million $4.74 million ($1.78 million) $10.8 million $1.78 million 6 Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balances page 20 . Governmental funds (funds that are not utility activities) . Presented on modified accrual basis (budget basis) ^ Total Revenues - $58.98 million . Total Expenditures - $62.63 million . Net increase in total balances - $9.57 million Conversion to government-wide statement is on page 21 General Fund Budget to Actual page 23 ^ Original budget excess $1.67 million . After amendments - ($13,966) deficit ^ Total revenues exceeded budget - $1.47 million . Sales Tax - +$648,052 ^ Industrial District +$498,557 . Court Fines - +$255,744 . Total expenditures were less than budget, as amended - $1.5 million Proprietary Funds Balance Sheet page 27 ^ Utility Activities ^ Presented on full accrual basis (includes capital) .Includes Water Utility Capital Projects ^ Total Assets - $102.5 million ^ Total Liabilities - $20.4 million ^ Ending Net Assets - $82 million Proprietary Funds Statement of Revenues, Expenditures and Changes in Net Assets page 28 . Presented on full accrual basis ^ Total Revenues - $21.9 million ^ Total Expenses - $27.9 million ^ Net increase in net assets - $4.01 million s Footnotes beginning on page 31 Footnotes provide additional information and supporting details related to the financial statements. ~. Significant Accounting Policies i. Reconciliation of Government-wide and Fund Financial Statements 3. Stewardship, Compliance and Accountability a. Detailed Notes on All Funds s. Other Information Port Arthur Economic Development Corporation . Statements are found on pages 83-86 . Total assets -modified accrual basis - $7.2 million . Total liabilities - $1.93 million ^ Total Fund Balances $5.246 million . Reserves -future development $1 million . Encumbrances -already committed $1.3 mill ^ Debt service - $695,500 ^ Unreserved - $3.35 million 9 Statistical Section ^ Financial Trends ^ Revenue Capacity ^ Debt Capacity ^ Demographic and Economic Information. ^ Operating Information Results of Operations (Budget Basis) Utility Funds Water and Sewer Fund Solid Waste Fund Revenue $15,262,727 $7,056,561 Expenditure (15,941,922) (7,144,997) Excess (Deficit) (679,195) (88,436) Beginning Deficit (11,459,418) (622,044) Ending Deficit $(12,138,613) $(710,480) t0 Results of Operations (Budget Basis) Internal Service Funds .page 78 Employee Benefits Equipment Replacement Revenue $7,398,772 $2,542,091 Expenditure (8,032,308) (2,439,572) Surplus (Deficit) (633,536) 102,519 Beginning Balance 5,014,890 2,274,883 Ending Balance $4,381,354 $2,377,402 Year End Fund Balance Major Operating Funds (budget basis) Actual YE_OS General Fund $ 14,508,096 Debt Service Fund 3,697,837 Water Utilities (12,138,613) Solid Waste (710,480) Equipment Replacement 2,377,402 Employee Benefits 4,381,354 Total $ 12,115,596 Actual Increase YE'07 Decrease $ 11,908,478 $ 2,599,618 4,821,810 (1,123,973) (11,459,418) (679,195) (622,044) (88,436) 2,274,883 102,519 5,014,890 6( 33,536) $ 11,938,599 $ 176,997 11 City of Port Arthur Total Fund Balances $16 ;14 ;12 ~ ;10 0 E c " ;6 ;2 SO p p p p p T P N A~ N T N Off A O S O O O O O S O N N H .y '1 '1 'I .y A '1 N N N N N N N N N 12 ~XHIf31T "f3" Port Arthur Convention and Tourist Associatian Annual Financial Report September, 30 2008. Financial Statements Where Oii and Water Do Mix. Beautifully. Port Arthur Conversion & Visitors Bureau ~ 3aot cuttura~ cerrcer Drive ~ ion nnr,~ , TX nsa2 409.985.7822 ~ 1.800.235.7822 EFax409.985.5584I www.portarthuriexas.crom ~ pacvb@portarthurtexas.com February 19, 2009 Mr. Steve Fitzgibbons, City Manager City of Port Arthur P. O. Box 1089 Port Arthur, Texas 77641-1089 Deaz Mr. Fitzgibbons, The Fiscal Yeaz 2007-2008 financial audit of the Port Arthur Convention and Visitors Bureau has been completed by Brammer, Begnaud and Lattimore and has been copied to your office as well as the office of Rebecca Underhill. Please note that this audit is the fast 72 month audit since the CYB change to a frscal year. The last audit was the short 9 month audit to allow the transition from calendar to fcscaL Therefore, there is no comparison year in this audit Next year, there wilt be a comparison as we will leave completed two full years of a fcccal budget You will find the audit is favorable and that the Bureau remains in compliance with the rules and regulations that govern our office as well as being fiscally responsible. The Port Arthur Convention and Visitors Bureau Boazd of Directors reviewed and accepted the audit delivered by Mr. Larry Begnaud, CPA at the regular boazd meeting of the CVB held on February 18, 2009. If any questions arise when reviewing the audit, please call me. The Chairman of the Convention and Visitors Boazd during this fiscal yeaz of 2007/2008 was Mr. Volney Pinder or Mr. Larry Begnaud would also be available should questions arise. Thank you for your ongoing support of tourism. Sincerely, Tammy Kotara-Ko Executive Director cc: Rebecca Underhill, City Finance Officer ~. ..., Brammer, Begnaud & Laffimore .- 3025 PLAZA CIRCLE PORT ARTHUR. 7X 77642 TEL. 409.983.1669 fAX. 409.983.5828 WWW.BBLCPA.COM Febmary 11, 2009 Board of Directors Port Arthur Convention and Tourist Association Port Arthur, Texas hi planning and perforating our audit of the financial statements of the Port Arthur Convention and Tourist Association for the twelve months ended September 30, 2008 we considered the Association's internal control in order to determine our auditing procedures for the purpose of expressing an opinion on the financial statements and not to provide assurance on internal. control. However, during our audit, we noted certain matters involving the intetttal control structure and other operational matters that are presented for your consideration. This letter does not affect our report dated February 11, 2009 on the financial statements of the Port Arthur Convention and Tourist Association We will review the status of these comments during our next audit engagement. Cur corrtments and recommendations, all of which have been discussed with appropriate members of management, are intended to improve the internal control structure or result in other operating efficiencies. We will be pleased to discuss these comments in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. Our comments are snrr,mari~ed as follows: ~zational Structure The size of the Association's accounting and administrative staff precludes certain internal contmis that would be preferred if the office staff were lazge enough to provide optimum segregation of duties. The monthly review of expenditures and comparison to budget is an excellent alternative control that has been implemented by the board. The reduction in rer-enue, due to the amended contract with the Ciry and the Association's mission to increase .tourism would indicate more emphasis on internal controls. This situation dictates that the Board of Directors remains involved in the finances of the Association to provide oversight and independent review functions. Budeet and Review Management and board review of the budget and financial statements monthly is an added oversight control necessary to manage the operations and cash flow of the association in a timely manner. We rewmmend that these actions are wntinued. It is imperative for the continued success of the Association that the revenues and expenses aze cazefully monitored to ensure that budget matches projected revenues- Management Letter Page 2 February 11, 2009 We wish to thank the Director and her staff for their support and assistance during the audit. This report is intended solely for the information and use of the Board of Dirertors, management and others within the Association and is not intended to be and should not be used by anyone other than these specified parties. Brammer, Begnaud & La more G 1 1 PORT ARTHUR CONVENTION AND TOL"RIST ASSOCIATION PORT ARTHUR TEXAS ANNUAL FINANCIAL REPORT TWELVE MONTHS ENDED SEPTEMBER 3Q, 2008 BOARD OF DIIiECTORS ' Volney Pinder Arthur Guidry Bonnie Willanson 1 Debra Asbury Carol Hebert Ronnie Hicks ' Johnnye Williamson Phyllis Montis Katie Pitre ' Tammy Kotzur Chairman Vice-Chairman Secretary-Treasurer Director Director D~recior Director Director Director Executive Director J ,, Brammer, Be nand & taffimore 3025 PLAZA CIRCLE PORT ARTHUR, TX 77642 TEL. 409.993.1669 FAX. 409.983.5628 WWW.68LCPA.COM INDEPENDENT AUDFTORS REPORT 1 February 11, 2009 Board of Directors Port Arthur Convention and Tourist Association Port Arthur, Texas ' We have audited the accompanying statements of financial position of the Port Arthur ' Convention and Tourist Association (a non-profit organization) as of September 30, 2008, and the related statements of activities and cash flows for the trovelve months then ended. These financial statements aze the responsibility of the Association's management. Our ' responstbility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the ' United States of America Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the ' amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evatuating the overall financial statement presentation. We believe that our audit provides a ' reasonable basis for our opinion. In our opinion, the financial statementr referred to above present fairly, in all material ' respects, the Snancial position of the Port Arthur Convention and Tourist Association, as of September 30, 2008, and the changes in its net assets and cash flows for the twelve months then ended in conformity with accounting principles generally accepted in the United States ^ ofAmerica. BRAMA4ER, BEGNAUD & LATTIMORE 1 EXHIBIT "A'• PORT ARTHUR COI`iVENTION AND TOURIST ASSOCIATION PORT ARTHUR TEXAS STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30.2008 Assets Current Assets Cash in bank (including money market funds) Accrued Interest Receivable Prepaid expenses-insurance Prepaid expenses-advertising Prepaid expenses-grant expenditures Total Current Assets Property and Equipment Note 1 Furniture and equipment Less: accumulated depreciation Net property and equipment Total Assets Liabilifies and Net Assets Current Liabilities Accounts payable Total Liabilities-All Current Deferred Revenue -Grans Proceeds Net Assets Unrestricted Net Assets otal Liabilities and Net A ets 2 2008 $ 145,960.16 90.03 4,481.01 1,597.30 2.615.00 $ 154.743.50 $ 38,427.54 (29.903.421 $ .8.524.12 $ 163.267.62 $ 7.436.41 $ 7.436.41 $ 8.648.96 $ 147.182.25 $ 163267.62 The accompanying notes are an integral part of these fmancial statements EXHIBIT "B'• ' PORT ARTHUR CONVENTION AND TOURLST ASSOCIATION PORT ARTHUR. TEXAS ' STATEMENT OF ACTIVITIES TWELVEMONTHS ENDED SEPTEMBER 30.2008 ' UNRESTRICTED NET ASSETS 2008 ' Public Sunnort City of Port Arthw hotel occupancy taxes $ 450.000.00 Total Public Support $ 450.000.00 ' Revenues Donated Use of Facilities $ 7,056.00 County Hotel Occupancy Tax Grants 43,575.64 County Joint HOT Grant 80,759.80 Donation Income Redfish Tournament 1,175.00 Investment income 1.415.89 Total Revenues $ 133.982.38 ' Total Supnort and Revenue $ 583.982.38 Exnenses Program services: ' Convention attendance and promotion $ 50,868.50 Tow receptions and promotion 25,821.20 Public information-printing and postage 35,924.33 Direct advertising 28,696.00 General tourism promotion 118 398.61 ' Special Project -Joint County 80,759.80 Salary-marketing director 36,533.04 Salary--convention sales director 36,533.04 ' Payroll tax expense 5,719.60 Employee benefits 18.966.00 Total Progrun Service Expenses $ 438220.12 Supporting services: Auditing and advisory services $ 7,441.74 ' Depreciation 2,253.52 Employee benefits 16,646.20 T~~'ce ~ 1,899.26 Miscellaneous 1,149.00 Office supplies and expense 3,532.39 ' 3 ' The accompanying notes are an integral part of these financial statements EXHIBIT "B" (Continued) PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION PORT ARTHUR TEXAS STATEMENT OF ACTIVITIES TWELVE MONTHS ENDED SEPTEMBER 30.2008 Supporting services: (continued) 2008 Rental equipment and facilities $ 9,812.41 Repairs and maintenance contract 596.00 Salary-executive director 48,483.96 Salary-office manager 28,031.12 Salary-courier 3114.00 Taxes-payroll 6,249.55 Telephone 2,249.65 Utilities cost sharing f_000,00 Total Supporting Services $ 137.458.82 Total Expenses $ 575.678.94 Increase (Decreasel in Unrestricted Net Assets $ 8,303.44 Unrestricted Net Assets--Beginning 138.878.81 nrP tricted Net A. e t nd'ne $ 147.182.25 4 The accompanying notes aze an integral part of these financial statements ' PORT ARTHUR CON~'EA"IION AND TOURIST ASSOCIATION PORT ARTHUR. TEXAS ' STATEMENT OF CASH FLOWS TWELVE MONTHS ENDID SEPTEMBER 30.2008 ' Cash Flows From Oneratine Activities ' Increase (Decrease) in net assets Adjustments to reconcile change in net assets to net cash provided by operating activities: Depreciation (Increase) Decrease in: ' Accounts Receivable Prepaid expenses Increase (Decrease) in: ' Accounts payable Deferred Revenue -Grant Proceeds ~i Il Net Cash Provided (Clsedl By Or~eratins Activities Cash Flows from Investing Activities Purchase of equipment Net Cash (Used) By Investins Activities Net Increase (Decrease) In Cash And Cash Equivalents Cash and Cash Equivalents-beginning of year Cash and Cash Equivalents-end of yeaz 5 EXHIBTI' "C" 2008 $ 8,303.44 2,253.52 70.57 (1,559.70) 51.54 3.486.67 $ 12.606.04 $ (635.731 $ (635.731 $ 11,970.31 133.989.85 $ 145.960.16 The accompanying notes are an integral part of these financial statements t PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION ' PORT ARTHUR. TEXAS NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30.2008 ' The Port Arthur Convention and Tourist Association is an non-profit organization, founded May 24, ' 1976 under Section 501(c)(5) of the Internal Revenue Code as an un-incorporated trade association. The association was formed for the purpose of promoting tourism and converuions in the City of Port Arthur and vicinity. The Associations board of directors aze appointed by the Board and approved by a majority ' vote. Funds for associations opera5ons are provided through a contractual agreement with the City of Port Arthur. ' Note 1-Summary of Sif;nificant Accountin Policies (A) Accounting Policies The financial statements of the Port Arthur Convention and Tourist Association have been prepared utilizing the accrual basis of accounting. (B) Cash and Cash Eguivaients ' For purposes of the statements of cash flows, the Association considers all highiy liquid investments available for current use with an initial maturity of three months or less to be cash ' equivalents. (C) Donated Office Snace and Services ' Office space provided by the City of Port Arthur has been reflected in the financial statements based on estimated rental market values totaling $7,055.00 for twelve months. During the twelve months ended September 30, 2008, the value of contributed volunteer services, meeting the requirements for recognition in the financial statements, was not material and has not been recorded. The value of the contributed services for 2008 was $538.51. In addition, many individuals volunteer their time as volunteer step-on tour guides, hospitality workers and office clerical help, but these services do not meet the criteria for ' recognition as contributed services. J ' 6 1 ' PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION NOTES TO FIlVANCIAL STATEMENTS SEPTEMBER 30.2008 ' (D) Prooertv and Equi It is the association' s policy to capitalize the property and equipment over $500.00. Lesser amounts are expensed. Furniture, fixtures and equipment aze stated at cost. Depreciation is computed on a straight-line basis over an estimated useful life of seven to ten years for ' furniture and fixtures, and five yeazs for computer equipment and peripherals. Additions to furniture and equipment are reviewed and approved by hoard action. ' (E) Income Tax Status The Association is snot-for-profit organization and is exempt from federal income tax under ' Section 501(c} (6) of the Internal Revenue Code. Contributions to the Association are not deductible for tax purposes by the donor as charitable contnbutions. The Association is not a private foundation. ' (F) Financial Statement Presentation ' The Associazion is required to report information regazding its financial position and activities according to three classes of net assets: unrestricted net assets, temporarily restricted net ' assets, and permanently restricted net assets. As permitted by SFAS Statement 117, the Association does not use fund accounting. ' (Ci Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting ' principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. LJ 7 PORT ARTHUR.CONVENTION AND TOURIST ASSOCIATION ' NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30.2008 Note 2~ity of Port Arthur Occupancy Tax Revettue ' The Association has agreed to an amendment to the contract where the City will allocate Hotel- Motel occupancy tax funds for the Association each year based on a review of the Associations ' performance and the effectiveness of the marketing efforts of the to Association and its value to tourism in Port Arthur. These funds will be remitted to the Association each month during the period. For the 2007-2008 budget yeaz (October 2007 through September 2008) the City has allocated $450,000.00. ' Note 3-Counri Grant Revenue These special grants aze applied for and then approved by the Jefferson County Tourism ' Commission after meeting certain criteria dealing with the promotion of the area. An amount of $55,094.25 was received by dte Port Arthur Convention and Tourist Association for vazious promotional expenditures. In addition, $80,759.80 was received as a ,joint grant between the ' Beaumont and Port Arthur Conventions and Visitor' s Bureaus for the publication of a wunry wide tourism and promotional maga2ine completed this fiscal yeaz. Note 4-Emnloyee Benefits Employee benefits provided by the Association include medical and dental insurance benefits ' paid for employees. The Association provides no pension or post-retirement benefits. Compensated absences aze provided on a calendaz year for employee sick leave, extended ' disability leaves and vacation. Afrer a six-month probationary period of employment, employees aze eligible for vacation leave as follows: ' Yeazs of Emplovment Paid Vacation Days 1 to 4 yeazs 10 days 5 to 9 yeazs 15 days ' 10 to 19 yeazs 20 days 20 to 24 years 25 days 1 8 1 PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION NOTES TO FINANCIAL STATEMENTS SEPTEMBER 30.2008 Note 4 -Employee Benefits (continued) With the approval of the director, vacation may be postponed after earned for a maximum period of 12 calendar months after the calendar yeaz ends. All vacation leave expires after this period. Accrued vacation time payable but not recorded ai September 30, 2008 is $13,230.87. Sick leave is granted after the probationary period for 10 working days each caiendaz year. Unused sick leave may be accumulated up to a maximum of 30 days, accrued one day per month. Sick leave may not be paid as termination or additional pay. Extended disability leave, after sick leave and vacation leave aze exhausted, is allowed as follows: Half Pay for Years of Empiovment Disability Leave 1 to 4 years No Pay 5 to .9 years 30 Working Days 10 to 15 yeazs 40 Working Days 15 to 20 yeazs 60 Working Days Holiday leave is granted for the same official holidays as granted to City of Port Arthur, Texas employees. These are considered paid legal holidays. Note 5-- Concentration of Risk Program activity and revenues for the association aze directly related to the hotel motel business in and azound the City of Port Arthur, Texas. Since the City has amended the contract, the association is guaranteed certain revenues each year. However those revenues aze based on hotel motel occupancy taxes and an evaluation of the results of the associations' impact on inIIuencing the levels of occupancy of the focal hotels and motels for the next year' s revenue. 9 C PORT ARTHUR CONVENTION AND TOURIST ASSOCIATION NOTES TO FINANCIAL STATEMENTS . SEPTEMBER 30.2008 Note 6-Fiscal Yeaz Chanee Effective the fiscal year beginning October 1, 2007, Port Arthur Coavernion and Toarist ' Association will change from a calendar yeaz end to a fiscal year end of September 30. A nine month fiscal transition period from January 1, 2007 through September 30, 2007, precedes the start of the new fiscal-yeaz cycle. 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RA uw Nao ,n' u r/w Rum xlmRMn • wo x me noOPn • caa ~ ~ EXHIBIT SHOWING PROPOSED PAGE ' ~ DE-ANNEXATION OF THE ~ PORT ARTHUR CITY LIMITS 10.185 ACRES OUT OF of ® AttcaxESUx aL Ceres s < LOTS 1-e KINARD SUBDIVISION '~ Coe.ul ABCENP.ATJY may,,, tlnr > Ino. , N,,,.y,,. P,.~aa. ~ PORT ARTHUR, JEFFERSON COUNTY, TEXAS k GATIL9 0 ~^+ TR'al• °i4 °^"~ ~~' 101 DATE: MARCH 10, 2009 SCALE: 1'=200' DRAWN: TMR K Pwa N~ocl .iei°iase 10e° ° mrO 0~ ~ 0 100 200 toCPD 2009 CHECKED: A VER JRH ia+ w3 et SCALE IN F u .: FfT PROD. No: GVS-060