HomeMy WebLinkAboutPR 15694: EDC BUSINESS PARK FENCINGInteroffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Floyd Batiste, CEO'
Date: January 19, 2010
Subject: P. R. No. 15694; Council Meeting of Januazy 26, 2010
Attached is P. R. No. 15694 approving awaiver-and modification of
the fencing requirements of the Port Arthur Business Pazk Covenants
and Restrictions for BioMedical Waste Solutions as approved by the
City of Port Arthur Section 4A Economic Development Corporation
Boazd of Directors.
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NEDERLAND,TX77627
December 8, 2009
Brenda Vaughn
Port Arthur EDC
4139 39T" Street
Port Arthur, Texas 77642
RE: Security Fence
Dear Ms. Vaughn
This correspondence is in regards to the security fence surrounding our property at
9665 Jade Avenue, Port Arthur, Texas. Although the Covenants and Restrictions for the
Port Arthur Business Park state that chain link security fencing is not allowed in the front
of each property, we are required, by law, to have, at a minimum, a six foot security
fence surrounding the.perimeter of our property. We were notified of this by the Texas
Commission on Environmental Quality soon after construction completion.
We have also added a 3 ft. ranch style three- tier fence around the. building strictly for
aesthetic purposes and to direct attention away from the security fencing. As you well
know, we have constructed an appealing building in hopes that our future neighbors will
do the same. It is our hope that the City of Port Arthur and the Port Arthur EDC
understand our situation and make an exception to their restrictions in order for
BioMedical Waste Solutions to remain compliant with the Texas Commission on
Environmental Quality. '
Wes Sonnier
BioMedical Waste Solutions, LLC
877-974-1300 P
409-721-9957 F
biomed icalwastesolutions.com
Texas Administrative Code
Page 1 of 1
Texas Administrative Code Next Rule»
TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 330 MUNICIPAL SOLID WASTE
SUBCHAPTER E OPERATIONAL STANDARDS FOR MUNICIPAL SOLID
WASTE STORAGE AND PROCESSING UNITS
RULE §330.223 Access Control
(a) Public access to all municipal solid waste facilities shall be controlled by means of artificial
barriers, natural barriers, or a combination of both, appropriate to protect human health and safety and
the environment. Uncontrolled access to other operations located at a municipal solid waste facility
shall be prevented.
(b) The facility access road from a publicly owned roadway must be at least a two-lane gravel or paved
road, designed for the expected traffic flow. Safe on-site access for commercial collection vehicles and
for residents must be provided. The access road design must include adequate fuming radii according to
the vehicles that will utilize the facility and avoid disruption of normal traffic patterns. Vehicle pazking
must be provided for equipment, employees, and visitors. Safety bumpers at hoppers must be provided
for vehicles. A positive means to control dust and mud must be provided.
(c) Access to the facility must be controlled by a perimeter fence, consisting of a four-foot bazbed wire
fence or a six-foot chain-link fence or equivalent, and have lockable gates. An attendant shall be on-site
during operating hours. The operating area and transport unit storage area shall be enclosed by walls or
fencing.
Source Note: The provisions of this §330.223 adopted to be effective March 27, 2006, 31 TexReg
2502
http://info.sosstate.tx.us/pls/pub/readtac$ext.TacPage?s1=R&app=9&p_dir=&p__rloc=&p_ ... 1/21/2010
P.R. No.15694
01/19/10
RESOLUTION NO.
A RESOLUTION APPROVING A WAIVER AND MODIFICATION
OF THE FENCING REQUIREMENTS OF THE PORT ARTHUR
BUSINESS PARK COVENANTS AND RESTRICTIONS FOR
BIOMEDICAL WASTE SOLUTIONS AS APPROVED BY THE
CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS
WHEREAS, the -City of Port Arthur Section 4A Economic Development Corporation
(the "PAEDC") has sold approximately 1.0 acre of land in the PAEDC Business Park (the
"Business Pazk") to BioMedical Waste Solutions, LLC ("BioMedical") whose property address
is 9665 Jade Avenue, Port Arthur, Texas (the ``Property"); and
WHEREAS, BioMedical was advised by the Texas Commission on Environmental
Quality that its business operations were subject to 30 Texas Administrative Code §330:223,
which requires a 6' security fence comprised of chain link with barbed wire to surround the
pazameter of the Property to restrict public access; and
WHEREAS, BioMedical has constructed a 6' chain link security fence surrounding the
parameter of the Property and added a 3' wooden ranch style three-tiered fence inside the chain
link fence for aesthetic purposes; and
WHEREAS, BioMedical by letter dated December 8, 2009, requested a waiver and
modification to allow for the 6' security fence and the 3' wooden ferice; and
WHEREAS, the PAEDC Board of Directors at their regular meeting on January 4, 2010
approved the waiver and modification of the fencing as requested by BioMedical; and
WHEREAS, the PAEDC deems it in the best interest of the Business Park to provide the
waiver and modification as requested.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble aze true and correct.
Section 2. That the City Council of the City of Port Arthur concurs with the action of the
Board of Directors of the PAEDC, approves the waiver and modification of the fencing
requirements of the Port Arthur Business Pazk Covenants and Restriction as requested as to the
6' chain link fence and 3' wooden fence constructed on the Property:
Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this _ day of A.D., 2010,
at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
DELORIS "BOBBIE" PRINCE, MAYOR
ATTEST:
TERRI HANKS, CITY SECRETARY
a~aiaas P'gr 2
APPROVED:
FLOYD BATISTE, PAEDC CEO
APPROVED AS TO FORM:
GUY 1V. GOODSON, PAEDC ATTORNEY
APPROVED AS TO FORM:
i
i
ALVALV R. TIZE ,ACTING CITY ATTORNEY
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