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Home My WebLink About(3)WESTSIDE DEVELOPMENTOSCAR G. ORTIZ, MAYOR JOHN 0EARD, JR., MAYOR PRO-TEM COUNCIL MEMBERS: CRAIG HANNAH FELIX A BARKER THOMAS J. HENDERSON MARTIN FLOOD RONNIE H. THOMPSON DELORIS PRINCE MICHAEL "SHANE" SINEGAL City of STEPHEN FITZGIBBONS CITY MANAGER EVANGELINE "VAN" GREEN CiTY SECRETARY ¥1ARK T. SOKOLOW CITY ATTORNEY RECEIVED JAN 2 January 20, 2005 Reverend Jacqueline King St. Paul United Methodist Church 821 Texas Ave. Port Arthur TX 7640 Dear Reverend King: Below please find a response to your questions submitted to the Port Arthur City Council conceming Westside Development. CDBG funds would not be eligible for operating funds for a family center. It would have to be a program open to the general public that serves Iow to moderate income persons to be eligible for funding. At the January 18th Council meeting, the City Council authorized the City Manager to negotiate a contract with Dikita Engineering for the design and spec'~cations for the W. Seventh Street widening. This item was on the agenda because fundin~for City initiated West Side Development became available on January 18~ as a result of the EDC reimbursing the City for land adjacent to West Seventh Street for a business park. Background information on this issue is attached in the form of an October 29, 2004 memo to Mayor Pro Tem Beard from Steve Fitzgibbons on the commitment from the City Council and EDC on West Side Development. Also attached is a July 29, 2004, memo from Rebecca Underhill, City Finance Director, to Steve Fitzgibbons indicating the City of Port Arthur had spent $690,000 for land acquisition and demolition for West Side Development. Also attached is a 9/20/04 memo from Ms. Underhill that includes a description of some of the land purchases. Agreement to purchase by City or EDC of approximately 6 acres of land from KCS for a business/industrial park and other uses. Attached is a copy of the agreement. BOX 1089 · PORT ARTHUR, TEXAS 77641-1089 · 409/983-8115 * FAX 409t983-8291 3. The City operates a housing program that includes the construction of new single family residences. The proposed contract with Dikita Engineering will include planning for West Side Development. This would include land owned by the City, the land from KCS and additional land that may be purchased. We believe housing, including potential subdivision development, will be part of the plan. It is possible that this land development could be market driven and may not be Iow to moderate-income housing. However it is likely that a number of individual lots would be available for use by our Housing program or use by pdvate builders or developers. 4. It is anticipated that the proposed commercial development will occur on the south side of West 7th Street between Harry Denbo Ave. and Abe Lincoln. 5. It is difficult at this time to identify specific programs or activities that might be suitable for locating in your new facility. 6. Various planning committees have completed studies and we are now implementing the consensus opinion of these studies. We have a Brownfields Committee that is involved in working with the City and is concentrating of the Westside and downtown. I am sure that both Dikita Engineering and the City Council will solicit and welcome public input. 7. As mentioned the City has spent over $700,000 to date in land acquisition and clearance. We have applied for grants for development. The Port Arthur Redevelopment initiative tasked to bdng outside funds to the community with emphasis on West Side Development. It appears that City involvement will be over one million and possibly considerable mom. but. I believe a truly successful West Side Development will require substantial private investment since grocery stores, retail outlets, pharmacies, professional offices and other private investment are critical for development to be sustained. 8. Them am numerous groups working on vanous phases of Westside development. At the current time there is no one Westside Development Committee. Lighting could be a part of a city development. Street lighting is dependent on safety of the traveling public. Security lighting on private property would be the private property owner's responsibility. 10.The Faith based Initiative is a change in Federal Regulations that permits Faith Based Organizations to apply directly for grant funds to support otherwise eligible programs without having to set up a separate non-profit organization. There is an office in Washington for the Faith Based Initiative to answer questions from faith based organizations concerning eligibility. The only involvement the City has is our compliance with the new guidelines on who are eligible applicants. Sincerely, ~F~Steve F~~ City Manager TO: Mayor Pro Tem Beard FROM: Steve Fit~gibbons,~Hanager DATE: October 29, 2004 RE: Westside Development - Council And EDC Commitment Attached is a copy of the info,.t~ation ][ provided you on West Side development for the recent Joint City Council/EDC Board Meeting. ! am also providing a copy of an audio tape and a video tape of the June 30, 1998 Council discussion regarding an industrial park on Highway 365. Much of the discussion by the Council on this item dealt with a need for a commitment by the EDC to a West Side business parle ! am also providing copies of Minutes from the June 30, 1998 Council Meeting and a copy of the Joint Council/EDC Agenda for January 30, 2001 dealing with (1) status of proposed business park; and (2) participation in the development of the west side. ! am also providing a partial transcript of the discussion at the January, 2001 Joint Meeting where again the need for commitment to a West Side [ndustrial Park was discussed Please let me know if additional information is needed. CITY OF PORT ARTHUR CITY MANAGER'S OFFICE TO: FROM: DATE: SUBJECT: Mayor Pro Tem Beard Steve Fitzgibbens -'~' October 15, 2004 West Side Development - Council and EDC Commitment Attached is a May 14, 1998, cover letter from Dave Foster, EDC Executive Director to Dale Watson regarding Urban Design Associates Economic Development Plan (Atkinson Study). The cover letter states that the PAEDC unanimously approved submitting the Port Arthur Economic Development Plan to the City Planning and Zoning Commission for review and recommendation to the City Council. The Port Arthur Economic Development Plan (Atkinson Study) dated January 1998 had five sections including a section entitled "Industrial District Task Group'. The mission statement of this section follows: Industrial District Task Group Mission Statement To promote the economic revitalization of Port Arthur through the creation of a state-of-the-ad industrial district adjacent to the city center and to the Port of Port Arthur, a main purpose of which is to create new jobs for the people of Pod Arthur. On the June 30, 1998 City Council Agenda, P. R. No. 1023 was a resolution authorizing the expenditure of up to $1,300,000 by the Economic Development Corporation to develop Phase I of the Port Arthur Business Park. This request involved property on Highway 365. Councilman Gitlam began the questions by stating that the industrial park was planned for the West Side and why was the EDC putting it somewhere eise. Mr. Foster stated a number of times to questions from Councilman Giliam and other Councilmembers that the business parks were not an either/or proposition and the EDC was committed to building a business/industrial park on the West Side. At that same Council Meeting, a majority of councilmembers made comments about the need to fulfill the commitment to do the park on the West Side. The Atkinson study was referenced by a number of Councilmembers. Councilman Bowers stated that he had two items he felt were important to the issue being discussed. The issues were (1) to do a feasibility study on a business park and (2) to ask the EDC to put $250,000 in escrow for the West Side Industrial Park that would show good faith and show the dtizens that the City was not walking away from its commitments. Instead of amending the item being discussed, it was decided to table and bring back the feasibility issue and the $250,000 escrow at the next meeting. Councilmembers were asked if any had a problem with the $250,000 escrow item, and all Councilmembers appeared supportive. You, Councilman Beard, were in attendance at that meeting and at the end of the Council discussion you addressed the Council and said you, in your capacity as an EDC Board Member, would bdef the EDC Board on the Council action. At the following City Council meeting on July 14, 1998, Proposed Resolution 10289 authorized the Port Arthur Economic Development Corporation to set aside $250,000 in the 1998/1999 PAEDC budget for West Side Industrial Park Development passed unanimously. The feasibility study passed with two "no' votes. The $250,000 was increased to $500,000 during the FY 98-99 budget process. On January 30, 2001, at a joint meeting of the City Council and the EDC Board, the two items for discussion were (1) status of the proposed business, park and related issues and (2) participation in the development of the west side. A number of questions were asked whether the EDC would be able to pay for the business park without endangering funding for West Side development. Bill Diamond stated that west side development money would not be required for the business park on West Port Arthur Road. At the time of this discussion, the amount in the EDC budget for West Side development was $500,000. Councilman Gillam suggested at this meeting that the West Side development funding by the EDC be increased from $500,000 to $1,000,000. Attached are EDC budget papers that show the budgeted EDC amount for West Side Development or West Side Development Reserve as follows: FY FY FY FY FY 97-98 98-99 99-00 00-01 01-02 $0 $500,000 $500,000 $.500,000 $500,000 FY FY FY 02-03 03-04 04-05 $1,000,000 $1,000,000 $1,000,000 Although we are beginning the seventh year where the EDC has shown funding for West Side Development or West Side Development Reserve, I do not believe the EDC has expended any funds toward the west side industrial/business park or any other west side development activity. As you are aware, the City has spent about $700,000 for West Side land acquisition and development. About $420,000 in City expenditures has been for property acquisition and demolition on the south side of 7th Street from the Mathews Center to reilroad property. The City Council has voted unanimously on a number of occasions for west side development land acquisition and other expenditures. I am not aware of any time over the last seven years that the City Council was not unanimous in support for a west side industrial/business park or other development in the Houston Avenue/7t~ Street port area. I believe a key component of an industrial park on the west side, as well as other development on or near West 7th, is the acquisition of the Port Iron site, particularly on the south side of West 7th. This property has rail service and abuts port property. It is also currently not the most attractive property and unless substantially cleaned up, would be a significant deterrent to residential and commercial development that could take place in the vJdnity of the proposed industdal,'business park. Dudng the May 14, 1998 meeting when Mr. Foster was being pressed on the EDC commitment to the west side industrial park, Mr. Foster referenced contact with KCS about acquiring this property. I was in a meeting with Mr. Foster when, during a phone conversation with Mr. Ebling with KCS, Mr. Foster expressed interest in purchasing the KCS property and requested Mr. Ebling provide him with~price for the land purchase. In 2002, the City requested a supplemental environment project through the State that included the purchase of Port Iron property from KCS. The City also applied for a Brownfields Economic Development Initiative grant that included purchase of KCS property. Negotiations-are currently underway with KCS regarding property purchase and the City is working with Terracon out of Houston on environmental issues involving the KCS property. West Side development/redevelopment was a major component of the Port Arthur redevelopment initiative. Mr. Henderson has recently indicated that progress is being made in obtaining funding support for development. In addition to possible development support through Brownflelds grants, I am attaching information involving "Portfields" which appears to be an excellent fit for redevelopment, including a business/industrial park for the Houston Avenue/7th Street port area. I am also attaching information on a conference on contaminated property transactions which I had indicated might be helpful as we look at 3urchasing railroad properly. /Id PORT AR THUR F, CONOMIC DE VEL OPMENT CORPORA TION P. O. Box 1089, Port Arthur, TX 77641-1089 Telephone: (409) 983-8195 F~x: (409) 983,8:2&2 DATE: 5/14/98 T.O: isle Watson FROM: /q~ave Foster SUBJECT: Urban Design Associates E~0nomic Development Plans At th~-May 12, 1998 meeting of the Port Arthur Economic Development Corporation, a motion was unanimously approved to submit the Port Arthur Economic Development Plan to the City Planning and Zoning Commission for review and recommendation to the City Council for adoption as an amendment/addition to the City of Port Arthur Master Plan. CITY OF PORT ARTHI~ 2004-2005 BUDGET ECONOMIC DEVELOPMENT CORPORATION RESERVE FUNDS Actual Actual Budget Estimated Proposed 01-02 02-03 03-04 03-04 04-05 DEVELOPMENT RESERV~ Transfer from Operating Fund Fund Balance, Beginning of Year Development Reserve Balance 200,000 $ $ 800,000 1,000,000 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000=~ $ $ 2,000,000 1,000,000 1,000,000 1,000,000 $ 3,000,000 WEST SIDE DEVELOPMENT RESERVE Transfer fi'om Operating Fund Fund Balance, Beginning of Year West Side Development Reserve $ $ 500,000 $ $ $ 500,000 500,000 1,000,000 1,000,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ BANK CDC Transfer from Operating Fund Fund Balance, Beginning of Year Bank CDC Reserve 250,000 $ $ $ 250,000 250,000 $__. $ 250,000 $ 250,000 $ 250,000 $ OPERATING RESERVE Fund Balance, Beginning of Year Excess (Deficiency) Operating Reserve, End of Year 1,000,000 1,000,000 TOTAL RESERVES 250,000 25o,oo__L $ 4,759,846 $ 3,412,296 $ 3,958,828 $ 3,958,828 $ 3,560,019 (1,347,550) 546,532 (1,120,224) (398,809) (2,385,590) $ 3,412,296____ $ 3,958,828 $ 2,838,604 $ 3,560,019 $ 1,I74,429 4,912,296 $ 6,208,828 $ 5,088,604 $ 5,810,019 $ 5,424,429 91 CITY OF PORT ARTHUR 2000-2001 BUDGET ECONOMIC DEVELOPMENT CORPORATION Sales Tax Interest Revenue TOTAL REVENUES £DC Expenditures 'ramfer to Reserve TOTAL EXPENDITURES ~XCE3S (DI~F:ICIE'~NCY3 OF Actual Actual Budget Estimated Proposed 97-98 98-99 99-00 99-00 00-01 $ 1,833,343 $ 1,946,572 $ 2,001,643 $ 2,007,808 $ 1,984,025 113,988 181,398 150,000 246,249 360,000 1,947,331 2,127,970 . 2,151,643 2,254,057 2,344,025 884,240 669,111 5,074,946 846,575 -_ 6,892,159 884,240 1,569, i ! 1 5.274,946 1,046,575 7,092,159 1,063,091 558,859 (3,123,303) 1,207~482 (4,748,134) }PERATING la2YND BALANCE eginning of the year ~md of the year 2,230,985 3,294,076 3,852,935 3,852,935 5,060,417 $ 3,294,076 $ 3,852,93~5 $ 729,632 $ 5,060,41~7 $ 312,283..~_ ~s~gnated Reser~iS Development Reserve West End Development Operatiag btal Fund Balances $ - $ 400,000 $ 600,000 $ 600,000 $ 800,000 500,000 500,000 500,000 500,000 3,294,076 3,852,935 729,631 5,060,417 312,283 $ 3,294,076 4,752,93.5 $ 1,829,63~1 $ 6,160,417' $ 1,612,28~3 84 Portfields --NOAA Administrator Vic~ Admiral Conrad ' lat is Portfields? Portfields is a federal mteragency partnership addressing brownfields in and around port corvanumfies, with an emphasis on the development of environmentally sound port facilities. · ThePortsofBetlingham, Washington, NewBedford, Massachusetts. andTampa, Florida are designated as Portfields Demonstration Pilot Ports. · Portfields, through increased federal state, and local coordination, assists the'Pilot Por~s in Ieveragmg resources to revitalize waterfront areas, improve marine transportation, and protect and restore critical habitat. Why Portfields? · Ninety-five percent of U.S. foreign trade traveks through our nation's ports, contributing $780 billion to the economy end employing 16 m/llion people. · Maritime trade is expected to double in the next 20 years. Many underutilized brownfields are located in and around our nation's port conununities. · Brownfields redevelopment is a critical solution to the many challenges facing ports, and can be a catalyst for enhancing port capacity and infrastracture, and waterfront and commUmty revitalization. · There is a need for better coordinat/ou among federal, state, and local agencies to leverage resources and support port revitalization. What are the goals of Portfields? · Expedite the redevelopment of pert communities in a manner that enhances port infrastructure, protects human health, protects and restores critical habitat, ensures homeland security, and provides 6Conomic opportunity and a better quality of life for conanunity residents. · Focus and leverage the combined resources of federal, state, local, and private partners to support redevelopment and revitalization efforts. · Actively trensfer best practices and lessons learned to other port communities. Who are the Portfields Federal Partners? National Oceanic and Atmospheric Administration Environmental Protection Agency Economic Development Administration Army Corps of Engineers Maritime Administration Department of Housing end Urban Development Department of the Interim' Department of Labor Portfields: Working Together to Revitalize Port Communities To sustain and enhance our nation's economy,,, America's coasts and waterways play a vital role in our nation's economy and high quality of life. The benefits thai ports bring To the communities they serve extend far beyond the boundar/es of the waterfront. Our ports serve as gateways to domestic and international trade, connecting the U.S. to the global marketplace. According to the American Association of Port Authorities. 95 percent of U.S. foreign trade travels through the nation's ports, contributing $780 billion annually to the national economy and employing 16 million people. To protect human health and the environment.., Our coastal areas and associated waterways represent some of the nation's most valuable environmental resources, providing habitat for almost one-half of the nation's protected, threatened, and endangered species. The location of por~s within these rich and sensitive environments generates a '¢ariety of environmental and human health challenges, such as contaminated sediments, habitat degradation, storm water runoff, air qu~,ity, oil spills, and potential introductions of non-native species. Environmental Cltltility is essential for sustaining coastal and marine ecosystems, commercial an~ recreational fisheries, and the economic v~tahty of,con commumt~es. To~~art growth and clean' .-_. -~. - - -~ 15 percent of the'estimated 500,000 brownfietds na~ion'~d~te' are located, along waterways and with3n coastal conu-a2anities. Cleaning up and recleveloping th~sYe brownfields can put land 'r~ack ifito productive use, er~ance The create j Cos. The benefits ......... ' of-~mart growth planmng and include ~rr quality i.msrovements, ~-,~ell watersheds, and greenspace. pu~bii ' To ems'are c access.;F- With n~arly on~e~ff of the ~omalx'3,~S populati6h living near ~.coast, oomm.unifies beaef/t?mm havlm~'~c~ess~fO~cateffront a~eas for~re~reation' anEI~isdre oct/~i~es. Redeve~0pmg. urban waterfroaTs nnpro~es the qtlahty of lJ:[e fol' cmz~ms, and ~s an Lmportant strat_egy for commumty remtahzatmn. To provide for increased maritime trade... The capacity of many ports is strained by increased maritime trade and the increasing size of cargo and cruise vessels. Maritime trade is expected to double over the next 20 years. Ports must increase their capacity, deepen and maintain channels, and enhance infrastructure to allow for the efficient movement of goods from the water to highway, air, and rail. To enhance homeland security... As gateways to the global marketplace, port communities play a key role in homeland security. Ensuring the security of cargo, including more than seven million containers moving through U.S. ports each ~ ear, is a considerable challenge borne by ports. Ports also support the mobilization, aeployment, and supply of the U.S. military forces. Portfie[ds: Working Together to RevitaJize Pod Communities ~ I Ill | ortfields is a federal interagency partnership addressing brownflelds in and around port communities, with an emphasis on the development of environmentally sound port facilities. Through the Brownfields Federal Partnership, the Department of Commerce's National Oceanic and Atmospheric Administration (NOAA) is leading Portfields. Seven other federal agencies--the Environmental Protection Agency (EPA), the Department of Commerce's Economic Development Administration (EDA), the U.S. Army Corps of Engineers (USACE), the Department of Transportation's Madtime Administration (MAP, AD), the Department of Labor, the Departr:nent of theJnted_or (DOI), and the Department of Housing and Urban De.v~l-0pment (HUD) are committed ~ortfields Other vital stakel, W, ashington The geals ef Portfields are to: Expedite the redevelopment of port communtties in a manner that enhances port infrastructure, protects human health, protects and restores critical habitat, ensures homeland security, and provides economy opportunity and a better quality of life for community · Focus and !everage the combined resources of federal, state, local, and private partners to support redevelopment and revitalization efforts. · Activelytransferbestpracticesandlessonsleamedto. other port communities. Por'~fields builds upon the successes of brownfields cleanup and redevelopment efforts over the past decade. Port communities face a number of unique challenges that require strong partnerships at all levels of government and the private sector. Portfields brings together federal, state, and local agencies committed to working together to redevelop ports, both environmentally and economically. By appl~ng a coleboratic'e, integrated approach, Portfields aims to coordinate and leverage resources, provide more of services, and develop creative tes. igaated.~ protect and restore critical habitat.-. Portfiet~ is demonstrating this cooperative and integrated approach at the three Pilot Ports, and then transfer these tools, best practices, learned to oS:her port communities. Portflelds: Working Together to Revitalize Port ,-/ Washington ¢' he Port of Bellingham is located on the northern edge of -Puget Sound between Seattle, Washington, and Vancouver, British Columbia. More than 1,500 acres comprise the Port, including waterfront, commercial, and industrial areas, as well as commercial airports. More than 200 companies operate on port properties major industries include .~,. madnas, industrial manufacturing, ship building a.n.~ repair, P6rtfields Projects · Central Waterfront: The Port of Bellingham is working towards an agreement to acquire 137 acres of waterfront property that previously operated as a pulp and paper mill. Through the Waterfront Futures Group, the Port and the commnllity are creatiag a new vision for their central waterfront, with a goal of improving public access to the watcrfi:oat, the natmal envirorument, and rcvit~li?/nF, tl~ eeommly. $~ccesses: ~' Planning ~he Squalicurn Creek Res~,.,rat~on Project Local i~dustry, ~e State of Washh~f~c~, and t~e Pcrtfields partners provided $25,000 fro' the conceptual design of the Squaficum Creek restoration and redevelopment project. Envisioning the New Fusion Institute NOAA provided $30,000 for a feaslbili~ analysis for the FuSiOn inslJtute. NOAA and the PorLof Bellingham are creating a team comprised of Portfields partners, tribes, state agencies, non-government organizations, the Washington State Governor's Pane! on Sustainab~ity, and local universities, to develop the conceptual vision of the new Fusion institute. Central Waterfront Revitalization The Waterfront Futures Group, sponsored by the Por[ of Bellingham, completed a $500,000 project to create a new vision and multi-year action plan for revitalizing the city's waterfront. The plan will help the community respond to significant losses in heavy industry and increasing demand for commercial and recreational 2~,~Pr't/ority' .1~.'. jects identified in the New Bedford/Fairhaven he Port of New Bedford is located on Buzzards Bay in Csoutheastem Massachusetts. The city has a rich maritime heritage, and served as the location for Herman Melville's famous novel, Moby Dick. The city's strong seafaring legacy continues today. Home to one of the largest active fishing fleets on the east coast, the Port of New Bedford also provides passenger ferry service and cruise ship docks, and is a center for recreational boating on Buzzards Bay. The Port_ of New Bedford is a state Designated Port Area, which prOtects the industrial uses in the lower harbor. New Bedford - was also designated a Brownfields Showcase Community, serving as a national model that demonstrates the benefits of . ~o_c~s.ed coordinated 'attention on brownfields. Through Portfields, New Bedford seeks to improve the overall ;~ealth of the'h~rbor enwronment and the public's ability to · use the resource, while facilitating economic revitalization. New Bedford and the Town of Fairhaven will focus on high- Harbor Plan. Massachuse~s Porffields Projects · Navigational Dredging: New Bedford/FaJrhaven Harbor includes one of'the most complex Superfund sites in the country. Due to high levels of potychlorinated biphenyl (PCB) contamination in the harbor, navigational dredging has not occurred in 30 years. Channels are shoaled to levels above authorized depths, limiting the size of ships and v01ume of cargo that enters the harbor, negatively impacting the local economy. New Bedford will apply a simplified procedure mechanism know~ as the slate enhanced remedy under the Superfund cleanul}' !0rogram, to streamline the dredging process by linking cleanup of a Superfund site to navigational dredgii:g. · f$;aterfrontBrownfields Cleanup andReuse: Hicks Logan is a 130-acre waterfront neig~borhooct that includes many brownfields. New BedFord seeks to revitalize Hicks Logan into a mixed-use.~rea that will create needed housing and job oppo~ities as well as open space, waterfront acC~~tional boating. Through a collaborati~s and the application of smart ~s, New Bedford plans to develop a 10-year re.~vitalization for Hicks Logan. '~. · Public Access to the grater: The R~liable Truss property, a former lumberyard and Irk~s~ s manufacturing" center, contains lead-contaminated sOil. The city's plan includes cleaning up contamination, restrJring h .afb~ itat, and turning ~_.e~l~.operty into a wa_terfi'ont park'.The new park will provide waterfront access to a n~y~ neighborhood, that ~ been without it for 30 years:: New Bedf0/:~TalSopi~s to improve the Gifford S-~' and Pease Sta'eet boat . ~ ~. ! at ram l S Palmers Cove. . r~ Frederick ~. t~ MasSachusetts Address SUCCESSes: Cleanup of Reliable Truss/Rl~er ~nd Park The City of New Bedford received a $200,000 Bm~s Cleanup Grant from EPA in June 2004 to remove lead contaminated soil at the Reliable Truss properly. The city is also seek;Jog state ~nds earmarked for recreational projects in New Bedford to develop design plans for the park, and intends to seek New Bedford Harbor Nal~onaJ Resource Damage ,Assessment settlement funds to r~:~,g~re titled tidelands. Planning Hicks Logan Revitalization NO,aA pro'vk~ed $20,000 to the New Bedford Economic Development Council (NBEDC) to assist in the creafien of a 10-year revitalization plan for the waterfront Hicks Logan neighborhood. The City of New Bedford, NOAA, and NBEDC are working closely with the Economic Development Administration to secure technical assistance and Economic Adjustment Act funds. The partners are also working to secure EPA Brownfields and Smart Growth funding. Navigational Dredging The City of New Bedford received $5 miJflon from the Commonwealth of Massachusetts for the construct~n of a confined aquatic disposal (CAD) site when dredged matedaf is deposited in a trench and then capped---and navigational dre<Jging. A team that wit~ [mptement dredging under the state enhanced remedy (SER) includes New Bedford and the Town of Fairhaven, Massachusetts DepaKm~ of Environmental Protection, Massachusetts Division of Madne Fisheries, Massachusetts Coastal Zone Management, EPA, USACE, and NOAA. Portflelds: Working Together to Revitalize Port Communities oca~ed on Florida's Gulf Coast, Tampa is the gateway for . '-..,nearly half of al sea:)orne commerce in the state. Lying at the northeast corner of Tampa Bay, an estuary of national significance, the Port of Tampa strives to ensure that its large-scale diversified enterprises operate safely and responsibly within this fragile ecosystem. As one of the largest tonnage ports in the U.S. and the largest in Florida, the Port of Tampa annually handles 3,700 vessels and up to 50 million tons of cargo with phosphate, petroleum, and coal as the top three commodities. The Pod accounts for 108,000 jobs and $13 billion in spending with more than 11,000 trucks entering and exiting the Port dali also a major cruise ship homeport, with and hi~s the economic conditions in and around the Port. ¢0 Por fields Projects · Priority Brownfields Redevelopment: Tampa will f~cilitate environmentally responsible redevelopment a~d revitalization of the Port's three State of Florida- design, a. ted brownfields properties and co~.~inu, q,..to ,.. aS. bes¢:~iditional port properties within ~ ~'s ~'~. ~' ~. d~lgnated brownfields area. · '!bitat Protection and Enhaneement:-'r ~'/ks to implement habitat protec~ L~nd .%ma3hancement, including shoreb/rd habitat pi ~ioff - ---a~t fish habitat creation, on several dredge spd Innovative Stormwater Management NOAA provided $45,000 to the Port of Tampa for planning and design of stonmwater improvements at the Port. This project will involve development of a Geographic Information System, which will collect and convert proper'by boundary and topography data layers. This will help the Port identify properties best suited for installation of stormwater management improvements. Portfleids: Working Together to Revitalize Port Communities '..Z.~..~pplying a collaborative, results-oriented approach through inSreased federal, state, and local coordination, Portfields will focus on issues specific to brownfields restoration and community revitalization in and around our nation's ports. Portfields, specifically through on-the-ground work in the three Pilot Ports, will serve as a platform for creative solutions, productive partnerships, and innovation. The scope of Portfields activities will involve restoring all environmentally sound uses of port and harbor areas that benefit the economic, ecological, social, and security conditions of the port community. The Portfields partners will work in conjunction with the three Pilot Ports to leverage both public and private investment in the port communities' priority ~eeds. Learning from both the successes and hurdles encountered over the next year, the PortC, elds partners will actively transfer best practices and lessons learned to_ o~er port communities. As progress is continually made, new tools and techniques will be made available through the Portflelds Web site at http://www, brownflelds.noaa.gov. Federal Agency Contacts Environmental Protectio~ Agency Patdc[a Overmeyer Office of Brownfields Cleanup and Redevelopment .:(2021 566~2774 :overmeyer. patficia@epa ·i"A't.°;//www-epa. -- National Oceanic and Atmospheric Adm~istraUon 7~ 3-2989, x161 /)-avid.Holst~nOaa .gov htto://brownfields, noa a.g o ¥/htn~s/por tflelds/~lds.html Port Contacts Port of Bellingham NOAA Contact Mary Baker NOAA/Nat/onal Ocean Service (206; 526-6315 Mary. Baker@noaa.gov Po~t Contact Mike S~eer Pt~rt of New Bedford NOAA Coma~ I:~rt Neely NOAA/Nat~onal Ocean Service (508) 979-1707 Pa3bectJ~eetyC_~.n oaa .gov ~ S~rnpson NewSedford Harbor Developmem 1,508) 961-3000 jslr~P~n ~. new~bed fore. ma. us P~r~ of Tampa NOS Contact Kenneth Walker NO.~J~National Ocean Service (30~j 713-3155 x157 Kermeth. Walker@noaa.gov Porct C~'~act Robert Musser Taft, pa Port Authority (813) 905-5032 RMusser~tam DaDort.co~ FAX COVER SHEET TO: FROM: FAX: DATE: Ike Mills Steve Fitzgibbons, City Manager 962-~.~.5 September :1,3, 2004 MESSAGE City of Port Arthur 444 4tb Street P, O, Box 1089 Port Arthur, TX 77640-:L089 Phone: (409).983-8:L0:L Fax: (409) 982-6743 e-mail: ~ MESSAGE CONFIRMATION 09×~3/2004 1]:51 ID:C1TY M~NAGER OFFICE DATE 09/1~ S,R-TIME DISTANT STATION ID 85'02" 9~2 MODE PAGES RESULT TX ~9 OK 0000 09/1~x2~04 11:45 CITY MANAGER' O~ICE a 9~24z~15 NO. 079 FY, x COV~_~R SleET 0~ Ike Mill: OM: b~teve Fd~gibbens, City Manager 962-4445 MESSAGE ~ean Jeffery Talege, President " [isk Marmgement Technologies, Inc. :ONFERENCE SPONSORS ~rich North America- INA Environmental Due Diligence Guide [Isk Mar~.ement Technologies, Inc. ~arsh Environmental Practice :L Environmental Inc, d.-~orde~s Environmental, Ir~. . ¢illie Environmental Pra~e ;nvironmehtat Risk Solutions, ELC !dCJ~CC~6s AUWSORY SOARD ~l~fer'~dez, ~artne~', Be~eridg& & Diamond c~ward ('red) Alien, President nvironmentaJ Risk Solutions, LLC iicheel Hill, Executive Vice Pres!dent [arsh Er'Mronmemal pramice indene P~tton, S~nior Vice President & . ssociate General Counsel Zudch Nort~ America my ESw~rds, Partner, H~J~an~ & Knight · iuiar~ Miner~ Principal, Bmwnfieid Fartnei~, L[.C usan Hollingsh~ad, Executive VP eno'ca Partners, LLC aH eourdeau, PrinalpalJPartner everidge & Diamond ,my Arnold, Managing Director herokee Investment Par~ers .. Iarcel Ricciardelli, Sr. Vice-President, nderwriting XL Environmental, Inc. ' · Kent Mull, Senior Vice pr~.sident d-Corders Environmental, Ibc. ~urence Kirsch, Partner hea & Gardner awr~nce Schnapf, Esq. chulfe Roth & Zsbal hds Olecn, Manager F~I Estate RetJse tlantic Richfield, BP A~iate ~hn Rayne ds. CEO, Environmental Practice iroup, Willis of New York . ' CONTAMINATED PROPERTY TRANSACTIONS: STRUCTURING SUCCESSFUL DEALS ~mber 16 & 17, 2004 No~mb¢18, 2004 Sir Francis Drake Hotel' San FranCisco, CA Turnkey Triad fOr Transactions Roundtable RTM 'Communications, !nc... l/J. conference Creator&prodUcer. Call'; 1.;800:'9'NORiSK.:::.,'... VITAL. PRESENTATIONS .ON: '"' ' ' ' · , EPA regulations and guidance that will reshape due diligence for pre-purchase and post-purchase at brownfield sites ~, , EPA Supertund and RCRA guidance targeting ~he redeyelopment of contaminated sites · 3, Managing and disposing ~ G~/~'~'d b65 properties <. Innovative approaches to managiog environmental liability iss,ues fer.M&A deals ,. :..~¢,V ~'uo , · .'. Turnkey Tdad for Transactions and'ladd use Stewardship · .'. U.S, EPA and State reforms addressing.brownfield redevelopment--railfields, grayfields, portfields. App cation of the Small Business Liability Relief and Brownfields Revitalization Act · ~ Emerging and future trends in b~Jsiness and real estate transactions ~ Liability buyouts and fixed fee remediation deals for buyers and sellers · :. Deal flow and redevel0Pmer~t-Vends f0r contaminated property transactions tak ng prepertieS.OUt of. the red zone ¢¢ Corporate perspectives on maximizing value out of CERCLA and RCRA sites e :Cai E'PA/DTSC "EnvirOnmental Oversight Agreement" · =, corporate sellers' and b'uyers' perspectives on rep0~itionfng/ redeveloping dirty proper[les · ~, Venture capital and innovative banking on brownfields · :. Parceling RCRA and CERCLA sites fo~' reuse---exit strategies -:. Techniques for closing the middle market and small, cap brownfie~d deals · :- Using third part,) administrators for institutional Controls .=. New tools for determining "Al! Appropriate Inquiry" · .'. Traditional developers take on brownfields 4. Early Transfer of BRAC sites with UXO contamination · ..~ Real Property Asset Management Executive Order RTM Comm, 0nicati hs is pleased,to present andth'br in our series of confe fences on: CONTAMINATED PROPERTY TRANSACTIONS: Structuring 'Successful Deals and Turnkey Triad for Transactions ROUND TABLE San Francisco, CA, Sir Francis Drake Hotel, November 16, 17, 18, 2004 The ~ur'pose of this San Francisco conference is three fold: One, to evaluate the successes and challenges to site assessme~t;clean-up, and.=reuSe of contaminated properties; Two, to'demO~nst~'~ta'SUCC~.Ssful frameworks for structuring, negotiating and closing contaminated property tranSactions affecting private sector and Federal [acilities; and Three, to demonstrate how new regulatory stai~ards for due dd~genca (all appropriate Inquiry), risk- based d~cislon-making, institutional controls and risk financing will be effectively employed by private industry at mandatory and voluntary site cleanups ,and . redevelopments of en~ironm6ntalfy, impaired assets. Th~ application' o~ reforms, associated with the Federal brownfields legislation, The Small Business Liabilib/ and Brownfields Revitalization Ac~ and EPA's recent guidances and settlements will be examined with respect to real estate transact.ohs and to brownfield redevelopments, One of EPA's reforms, the "Common Elements="' Guidance calls for statutory criteria and co~tlnuing obllga~tions to be met by three types of landowners in order to assu. re lan .d~ner liability protections from CERCLA. T~is~j~'ance supports the EPA's Neaobated Rulemaking.O~rthe All APpr_op.r_iate . nc~uir~" ~tandard, that was apE.~;.c~,,~d by OMB August 3rd, signed by EPA Administrator Au~lgt~ to go Out for public comment September 2004 ahdqn effect by September 2005, as the new due diligence regulation for contaminated property transactions. Draft guidance such as the Windfall Lien-and contiguous Property owner' will be featured along with recent settlements involving those guidances. In addition, representatives from Cai EPA and California Redevelopment Association will aufline the "Environmental Oversight Agreement" designed, to.facilitate th~ assessment;.c.leanup and reuse' =f brownflelds. one' of the central th~mes 'of this San Francisco, California, conferenCe is addressing the Iongterm stewardship issues involving institutional controls [ICs) or land use controls (LUCs) and the legal, technical, risk.and insurance management tools associated with their implementation and enforcement. ICs are needed #here risk-based cleanup techniques have been employed =r where the integrity of the remediation or corrective ~ction needs to be protected. Speakers Will also address Ihe foJlowing questions: How is the 2002 brownfields law influencing the management and enforcement of institutional controls? Will financial assurance mechanisms ~nder CERCLA and RCRA be re-examined as performance measures for closure and post-closure reuse of 0ontaminated land and long-term stewardship of institutional controls? Will the Uniform Environmental Covenants Act provide the legal instrument needed to Will there be a national public or private sector mechanism for overseeing the implementation of institutional controls? The conference will cover EPA's rework of their Revitalization Action Plan, guidance and settlements supporting the 2002 Brownfield Revitalization Act, the certification process for RCRA and CERCLA parceling of land, and address the liability concerns involved in accessing the subjec~ and/or contiguous property in order, to monitor or enforCe land us~ controls. The st~..tutory. criteria and. continuing obllg~fior!s'~hat supRort the. .. '. Negotiated Rulemaking on the "All Appropriate Inquii'y" standard for due diligenCe:wilt i~t~sented 5~,: i ~ :':' · representatives fromthe Federal Advi&ory Core,hi,tee for the proposed negotiated rulemaking. . · .. The early transfer, cleanup and. redevelopment issues involving military installations and associated unexploded ordnance (UXO) contamination, referred to as Munitions and Explosives of Concern, poses military chaJlanges and opportunities to the non proffi conservanclss, · residential and commercial developers, ~he community and local redevelopment authorities. A lively panel of · stakeholders will-debate the issues, One~'iable solution~ for UXO sites is the use of the Conservation Conveyance to transfer surplus property to non profit groups. The conference includes presentations on deal flow and the state of the brownfields market, the tools needed to perform defensible environmental due diligence, the creative marketing and packaging of brownfields, the lenders willing to finance brownflelds and tt~e successful use of institutional controls at difficult to manage sites. The conference will also cpver corporats pe~ives on.. · -. innovative approaches to rnahaging daedUigence in M&As as well as corpo?ate lessons learned, when ~managing, remedJating and disposing of industrial sites for mixed use and buyer/seller persj~ctlves on structuring brownfield · transactions and liability buyouts. One of the keys to the success of financing real estate transactions is the role of environmenta insurance as applied to oneofl deals, liability buy-outs and po~ollo programs that cap and/or transfer the known and suspected contamination. The special post conference roundtsbie session ~ will be on Turnkey Tried for Transactions. We look forward to having you join us for this exciting and informative conference. Please visit our Web site at www. RTMcomm.com. · 8:30 Re§lstratlon and Continental Ereakfadt · .Conference Overview and Objectives Dean Jeffery Teleg6, Conference Chairman and Pre,dent, Risk Managemer~t Technologies, inc. 90 - 9:45 Superfund, RCRA and Brownfleid Reforms Affecting Contamthatsd property Transactions for Brownflelds ·Redevelopments EPA's reworking of the Revitalization Action Plan and barriers to redevelopment of under utilized sites ]ntegrsted cleanup and reuse of sites, cverooming deal breakers . EPA Superfund and RCRA guidance shaping the redeveiopment of contaminated real prope'ty'(Common F-Jemedta, Contiguous Property Owners) First Contiguous Property Owner and Windfali lien settlements Enforcement, settlements and cleanup at mega and cluster sites CERCLA/RCRA completions, parcefiza~ion,,implem~nting new guidance and challenges - performanced based E emerita of prospective pu~'chasets ~greem.e~{s"~,~d sefll~m~nt for Lessons leame~ ancO.financial Sssuranc~ gu~r'4eas foT"underfunded Addressing'industry issues on liab[itiy'rsteases, recpeners,~ EPA/State/ MOAs and mothballed sites ' · ' ' ' William Keener, Esq., Hazardou~ Waste Branch. Off'~ce . of Regional Coensel, Region IX, U.S. EPA Ellen Manges; .Advi$o~ Office o~ Solic~ Waste and Emergency Response, Land Revitalization, U.S. EPA Kart Bourdeeu, Principal, Beveddge & Diamond Unclose Patton, Senior Vice President and Assoc/ate Genera/Counsel, Zurich North Amedca ........ Environmentally Challenged Property 'venture capital approaches to financing and restoring contaminated ' real estate; current stats of brownfields business Acquisition cdteda and due diligence techniques used in acquial~ons Determining the highest and best use for rep. osJtioning end/or redeveloping the properly to raise the asset'to.investment grade EnvironmentaJ risk management techniques Stuart Miner, pdncfpal, BrownfleJd Parb~rs. I_LC 15- 10:30 BREAK - Refreshments Courtesy of XL Environmental, Inc. A chance to networ~(:and'¥1bw exhibits 30 - 11:45 Panel Diecusslon--Mea~u;'ing the Effect of EPA's . Negotiated Rulemaking On "All Appropriate inquiry" . (AAI) Standard for Due Diligence · iow will the codified regulation affect buyers seeking to limit CERCLA _andowner liability protect ons require pedorming AAI in conformance 'with ~tatutory regulatory cdteria =er~ormance based approach assigned to ten criteria ~lew definition for the 'Environmental ProfassionaF =resmble and determining appropriate care for pre-purchase.and ~st-purchsse at brownfield sites, taking reasonable steps ~leasufing the effect of the EPA regulation on marketplace,~rownfield ransacti0ns; modifying the ASTM E1527 interim standard to be.compliant ~ith Patricla Ovem~eyer, Off/ce of Brownfield Cleanup and Redevelopment, U.S. EPA, Drafter of Regulation and Preamble BarhJ J. Trilling, partner, Wlggin & Dana, LLP, and NAIOP Representative Abbl Cohen, parb~er, Dechert LLP and Mortgage Bankers Association of Amedca Representative Julia Kilgore, Pdncipal, Wasatch Environmental, inc. · Dean Jeffery Telego, President, Risk Management Technotogies~ lnc, and Executiv~ Co-D/rector, Epv/ronment~l Bankers .,~seociatio/? (Moderator) 11:45 - 12:15 Panel on Structuring Complex r~)s~s, for Urban In-tilt Redevelopments 4. Adapfive reuse of contaminated land for master p~anned communities e Brownfields due diligence, screening process, site access agreement~ · -.- Purchase & Sales Agreement: Rules of the'Road 4. Successful dosur~ ~e. c,o_ptar~.ne, te~ .~opedy-de~s '..' e ntegratng remediation a~{~eveIo, pmept ~.~bgdules . ¢ 4. Using nsk~based standa¢~'s for screening values to facilitate c?anu? and restoring future land use--~uilding the project team 4. Risk management planning for large in-fill, mixed use developmenta ~Jennifer Hernandez, Partner, Beveridge & Dia.~.o. nd Susan Smartt, Vice President-Development, Forest City De~/eJopment Califomiai Inc. EUNCHEON Hosted by BNA Environm,mtal' Due Diligence Guide and Marsh Environmental Practice, and . Eng~ronmenta~ Rls~( ~olutt~a,' LLC' ' "Env]ronl~sntel O~ersl~ht A~r~iflent" ~Fsciilt=;~ing the Assessment, Cleanup and Reuse of Brownfield S!tas bY Redevelopment Ager~ciee Dorothy Rice, Deputy Director, Site Mitigation and Brownfield Reuse Program, Department of Toxic Substance Control, Ca/EPA · 1 .'45- 2:45 Prom DeN IncepUo'~ to Completlon-ZHow Brownfleld . Re~e,~t P'rojeCt~ Get Done 4. StruCturing thedeal, cdteria'ap~'initial due diligence ~. Real estate and development co.rations! property evaluation deve opment options, site p~'r~l~'g, ent~ement scheduling 4. Mitigating or avoiding i~'r~tal and market risks ~, Accounting for envirosmer~] issues dudng site charectedzation-,. demcIitlon, remedistion, s~te development, vertiFal'construction 4. Manuscdpting the right insurance policy:-using blended environmental 4. Case. studies w~.h successful exit sbrategies at rail yards Mary Heehem, Principal, Brownfield Partners, LLC Susan Hotiin~ahem:l, Principal & Executive Vice Preside/Tf, Renova Partners, LL C 2:45- 3:15 Deal. Flow end Environmental Insurance:Tools 1or Contaminated Property :;: . How to negotiate the right insurance ~ooiicies to consummate the deal involving complex former m[lita~ sites and portfistds Managing the'impact of environmental issues on the balance sheet, enhanoi~ financial performance and va~e Post-lamed[orlon coverages to enhance site reuse and value · Rick Craig Senior t/ice-President and Team Leader, Willis Environmental Practice · 3:15-3:30 BREAK -'Refreshments Courtesy of Willis - Environmental Eracfica 3:30 - 5:45 3Yiels and Tdbulafions of Transferring for · Redevelopment Closed BP. AC Facilities 4. Navy's ~RAC cleanup program---History and process of base closure and realignment and the 2005 SRAC round · ',- 'Using Net Environmental Bene£~s Ana.tyeis for functioning wet]ands 4, Deciding the reuse of a base, the role of the local communrt~ and local redevelopment authority EPA guidance and oversight of DOD BRACcosures r%Ris~ management techaiques ~o.fa~iiitats eady transfer , Chaltsnges of r~siq~ential de~relopmant at former BRAC-UXO ~des---a developer's perspective · Communi~ perspective ~to build or not to buil~' on former BRA. C, U×O VOC-¥apor intrusios issues at contaminated properties ~. Enfo~cihg the performance of institutional controts pHv;~tizthg the remedistion process and the role of insurance Insudng UXO (ccoc(~ssive) dakin--Munitions and Explosives of Concern (MECs) Cass studies at closed BRAC facilities (Ft. etd. MARE Island, South Weymouth. Mountain VIS~', Hu~,ters Point) Richard A. Engel, Senior Program Manager, Marstel- Day, LLC, formsrly Head, Real Estate Bass Closure and Land Usa Support Section, NatO/FaciSfiss EngJnsafing Command Haadqus,'lers, U.S. Na~'y Kathieen Johnson, Branch Chief, Federal Facilities i~. ,~,. Branch, Supeffu,'~d Division, Region IX, U.S. EPA Thomas Sheaff. Division President, Lennar Communities/Lannar Corporation Gordon Hart. Partner, · ' ".. · Paul:Hastings, Jano~kY & [~Falke~) LiP Lenny Siegel. Director, Center for Public Ez~vYonmental Oversight, L,C; · , · ' L]ndece Patton,' Sealer Vice Preside~ and Associate · ' General Counsel, Zurich North AmP, dca ' Barry Stelnbesg, Partner, 'Kulak Rock 7:15 Reception Hosted by Zurich North America and Willis Environmental practice 1:30 - g:O0 Transf~.r~l~g~r.o~.~artd,BRAc SEes ~O parks ~. Expediting transfers of dosed milita~insta~J~ ~ non-profit conservators ;. Using a Conservatian Conveyance at a BRAC site ~. Using EPA's Net Environmental Benefits Analysis to value contaminated property Property Renewal Group! The TruSt for Public Lands · :00 - 9:30 GSA's Role and Approach to ;the Sale and -:..' ": Rei~e~eldPm~'tt of cbntamlnat~d Federal Real Prdpenty ~. Federal Real Pr0per~y Asset Mana~er-ne~t-Executige Order ~. AJigning'interests cf the p~0psrty ow~)d~; City, S~ate and Federal · govemmenfand develdpers ~ Uni~lue aspects of divestiEg contaminated, non-pe~forrning government property, special ]egal constraints ~. Use of risk and insurance rrrar~agement tools and techniques I, Cass Study--GSA sale to. City of Downey, CA James Riederman, Esq., Program Expert, O~ce of properly Disposal, ~].S. General Services Administration :30 - 10:{)0 Common Pitfalls and Lessons Learned fi.om Underwriting Contaminated Property Transactions ~ Setting expectations and identifying stakeholders interests ~, Market tomes and future trends in real property dsk management--mold claims ;- Case Study--Bringing closure to indemnity obligations and associated liability using blended finite insurance products. k~arce[ Ricciarde[li. Senior Vioe. Presiden~ Unde~vfiting, XL Env~ronmente], Inc. 10:00 - lb:15 BREAK - Refreshments coudesy of Zurich North America 10:15 - 10:45 Corporate Perspective on Challenges Facing Divestment of Legacy thdustdal Properties 4- industry chal[angea in t/ansformi~g NPL a,qd RCRA sites into renewable ' real estate . 4- Corporate strategy for dealing with the dreaded comeback 4- Ten ways to emerge from the "fence and held cocoon' 4- Strategic use of environmental insurance products . 4- Refining the liability mafiagemant s~'ategy, reposi~oning the asseVliabitity Chris Otson, Manager of Real Estate Reuse, ,Atian!ic Richtiald Company, .A BP Affiliated Company 10:45- 11:1S C~mp~tlng Complex Remediation Projects---insured Fixed Price (IFP) Deals - Lessons Learned 4- Structuring the transaction using rFP too a, removing contingent liabilities 4- Drafting underlying remediation contracts--stop loss/cost cap strategies and complex third party Jiability 4, Deal Structures, Indemn~e~'; exit strategies Cynthia Retalllck. JD, NationaJ Complex Projects Prac~ce Leader, Marsh Environmental Practice 11:15 - 11:45 Irmovatlve Asset and L~abillty Management - . ... .. Techniques for Contaminated property Transactions 4, Liability buyout for the buyer and selier in a o~ntarninated property transaction · . 4. Indemnifications agreements designed to bdng closure and risk transfer 4, Transaction collateralized with environmental finite coverages 4, Funding Icr cleanups and liabilities at multi-party sites Edward S. (Ted) Allen, President and Chief Ex,curve, Environmental Risk Solutions,/_LC 11:45 - 12:15 Applying Venture Capital Financing to Large Contaminated properly Transactions. Case Studies Quantifying the value gap at complex sites integrating.the devalopment plan with the remediation strategy Acquiring NPL properties for redevelopment Financing sustaihab!e redevelopment of brewnfield properlies usin funds that prov~de-$1 billion of capital Guy Arnold, Managing Director, Cherokee tnves~nent Partners LUNCHEON H~tad by xL Environmental Inc. and TrI-Corders Environmental. Inc. Stroc~ur~ng Brownfield TransaCtions: The Art of the Deal.--Wh;~ REALLY Works When Negotiating Cleanup Agreements Jennifer Hsrnandez, padmer, Bev~ridge & Diamond 12:15 - 1:45. three :45 - 2:15 Middle Market' Financing Strategies for Srownfield Development Projects Loans for envirenment~ cleanup in Califomis serving developers, business and public antilles .. CERF's underwriting standards and total financing package . . Cai ReUse, Iow interest, forgivable loans for brewnfields Use of funds for site remediation or acquisition, improvement.construction Peter Holllngworth. Pres/dent, California Envirenmantal Redevelopment Fund, J_LC (CERF") 2:15- 3:15 Panel Discussion: partnerships Needed to Assure Oversight of Institutional Controls (lC'a) at Rrownfield Sites; Tools to Get Deals Done Affirmative obligations to compiy with ICs under the new brownfields law Model legislation for aUniform Env~ronmentsl Covenants Act to correct common law obstacles to long-term enforcement of ]Cs · Linking ihstitution~:l controls to future land use and vqlunta:ry r s~<:based :*Devel0ping integrated institutional control programs early in remedy , Local stakeholders pSPJcipation ~nd effectiv(~ use o1 IC's , CA DTSC d scre'~on in ~rnpism~nting fipal regula'dons on Land Use Covenants , California Redevelopment Association white paper on ]Cs , Using internal based technology to track instit~ianat controls Am~' L Edwards,'Partner, Horsed & Knig,% [_LC Barbara Cook, Chief of Site Mit/gat/on ~nd ~rownfialds Reuse Branch,Department of Toxic Substances Control, Cat EPA ]gnacio Dayrit, Project Director, Brewer]eld Redevelopment Pilot Project, City of Emeo/vifle Developmebt AgenCy Robert Wenzlau, CEO, Terradex, I~c. 15- 3:30 BREAK- Refreshment~ Courtesy of TH.Cordera Environments], Inc. 30 - 4:15 '.'InnovatiVe Ap"pra~che~ 'to:O~e Diligence for M&A Transactions The impedance of planning' due diligence based' on acq~isi~an ~rfferia a~ld impismen~ation of'techniques' appropriate to cbtaih'the.information needed How much due d~igence is enough? ' · ' ' -' : ' ' ' Balan~ng the pragmatics of business objactives (such as timing and confidentiality} against ~nvironmental issues and legal liat~ilitlas associated wi~ the acquisi~on Use of governmental resources to assist in due diligence Using contractual techniques in coon:lin=tion with due diligence Propeity handling the disclosure of documents and managing the financial evaluation of en,.~ronmental-issues---Sarbanas-Oxley Laurence S. K/tach, Partner, Shea& Gardner · 15 - 5:00 The C~/stal Ball: Emerging and Future Trends in Contaminated Real Estat~ Transactions Laga~ Trends-,-CERCLA, Toxic Torl/Proparly Damage Claims Business Trands~Acceleratad bids, auction process, 'No Hunt' previa/sas, tax credits Regulatory Trends---vapor intrusion, wetlands, storm water, TCE, MTSE, PERC. Natural Resources Damage Claims Deal considerations affecting indemn~es, agreements, Pre-CERCLA contracts, escrow issues, land use controls (Guardian TrustW'), assignment of rightsl exit strategies New uses of due d~ligancc .~.STM, AAI, Post-acquisition obligations for new CERCLA defenses, eminent domain valuations, escrow issues Challenges to structuring publlc/prNata fl~i3cings . ' Lawrence P. Schnapf, E~., Schulte Roth & Zabal :)0 * 5:15 Conference Summation Dean Jeffery Telego, *President, Risk Management Technqiogias, linc. ~rnkey Triad for Transactions Roundtabl0 ~ anaging Environmental Risk in Real EState . . Turnkey Triad for Transactions is a ~ystematic approach focusing on the inagemer] of decision uncertainty. Triad incorporates systell';afic project tuning, dynamic work plab strategies, and real time measurement :hnologiss (i.e., sampIihg and analysis)· The Triad Approach is designed f~cilitate site characterization and cleanup activities et hazardous waste es that may involve haavi.ly cont~minat'ed and/or 'complex site conditions. ad was ieitisted in the 1990s with the inception of EPA's Erownfields t/at/Ye in order to enable stakeholders to assess,: cleanup and redevelop ntamineled rea~ p~operty and reap the associated social-and economic ne fits, Central te the life cycle of the THad'concept is the ~Jse of quantitative dsk ~ssessment and integrated in-situ technctiog!es.. In a~dition~ .,one should · consider risk allocation alternatives that deal with managing the real and potential legal risks/liabilities as well a~ transferring those dsks through the use of environmental insurance products, Real-f/me date produced by field analytical methoos reduces the risk of incomplete detection or delineation while yielding a data set that can result in a more insursbie risk. The Tdad Approach can ge beyond the transsctio}3, by integrating the long-term stewardship of institutional and engineering.sontrols. The Triad Approach can systematically affect pubIic and private sector real praper~y . transactions from BRAC cteanups to brownfield redevelopments. The Triad 8:30 - 9:00 Using the Triad App'raach to Spur Site Characterization and Revitagzation 4' Uhderstanding the Tdad Approach as a systems app[oach'framework 4, Managing uncer~a!nt~ in environmental risk, tile cycle of a conceptual site model 4, Employing the Triad Approach at Eazardous waste/brownfield sites (commercial, industrial and military) e EPA, DOD and States pro~nating, t~e use oJ Tfi~d Approach' DanleJ?owell, Technology lne~va~an Office, U,S, EPA. 9:00 - 9:45 Case Studie~'atPubilc aha P~t~,te Sector Sites ~. Pedorm ng field based,site cha?anterization us/rig Direct Sampling Ion Trap Mas~ Spectrometer- · · ' · ' 4,Deployment with percussion direct push and cone pene~'ati<~n:. 4,Demonstrated time and cost reduction at DOE, DOD, EPA sites · 4, Reai-tirne 30 ~isua]ization of subsudace contamination ' ' 4, Cass studies Lynn Haven, FL, and McGuire AFB, NJ William' M. Davis, Ph.D., V/ce President Technical. Services, Tri-C(?rders Environmental, /nc. 9 45-10 15 Integrated ]n-Sltu Remedial Solutions ' 4, Pay-for-~performance: enviro~3~ .:n3~li~lech~o]og~es - . . 4, T~ad characterizatior~r~;;iles~lt~,~n methods' throughout reroediai process 4, On-Contact TM Process ~§~phy~ida~ preparation, conversion, ' restoration stages ~,~;30A:'~., , ~ 4, Contract/Financing altematJves~ump Sum paid on milestones ' ~ Blended eedpoint insurande program RObert Steele, Execut/ve Remediabbn Advisor, EnFironmental Rained/at/on arTd Financial Setlgces, U.C 10:15-10:30, BREAK - Courtesy of Risk Management Technologies, Inc. 10:30 - 11:16 . ' ~ ComPleting BroWnfleld Transactions by Adding Environmental Risk and nsuren~e Management to t~e Tried ~,ppraacl',:--i~ke~' ~nd InSurer perspective 4, Managing environmental risk through combining risk quantification~ . environmental insurance and th? T;iad Agi~reac~ to si~e sampling and data interpretation 4, Use Of statistical techniques and attachment points for environmental insurance products e PEER Review TM process applied to a case study Eliana Mal~hlouf Ph. Di, Senior V/ss' President, ', - Marsh Risk & Investment Services Lindens Patto~, Senior V/ce President and Associate' General Counsel, Zurich North America 11:15 - 12:00' ' Using Information Technology to Provide Long.Term Stewardship at Environmentally ImPaired Sites 4, thta~refing G]S mapping and regulatory database systems to monitor land use controls ,~ Interest-based ap¢catJon and reporting of institutional controls and local government access and connections 4. Monitoring and tracking "~oft' and 'hard' institutional controls at contaminated sttes-~ndus~ry-b~ssd "ale~ sys~er~ Robert Wenatau, CEO, Terradex, Inc. 'SPONSOR 'IN,FORMATION O The environmental and design . p.rofessional risk specialists of Zurich North America can bring a'new perspective to protecting your . ZURICH,bottomline from the expenses and liabilities that can arise from unforeseen envire0mental and professional exposures. Our professionals, with environmental, engineering and tegal experience, can craft insurer)ce programs to address . your most sophisticated exposures. In addition to comprehensive ceverage, Zurich North. America offers superior' claims and risk management services tailored to the specialized needs of these firms; With the Zurich U.S. peel'of companies rated A (Excellent) by A.M. Best . and A+(Strong) by Standard & PooPs, we can provide the capacity necessary for the environmental and design professional market. · Marsh Environmenial Practice is M A R S H '.the wo.d'senvironmental risk managerrYent, consu]tant and ' ' ' -' insuranbe I~roker,'with over 1'20 professionals worldwirie· We use a multi;disCiPlinb, ry "'' approach that integrates finance, law,' environmental risk management, engineer rig, actuada sc Once ahd nsurance. Our innovative environmental insurance products and consulting services have helped to facilitate some of the nation's'most high profile contaminated.property transactions and redevelopments, including the first early transfer of a former U.S. military base, and numerous t~ansactions involving Fortune 500 clients. ~1 .IRAhJ(-'F division of XL -' ~" J '~ ...... Specialty Insurance Co., an XL Capital company, provides integrated . environmental risk managementS) solutions to business and industry worldwide through insurance, risk control aBd claims management. XL Environmental has extensive experience in the Brownfields Remediation and Redevelopment market, and has designed insurance products and services that have facilitated hundreds of Brownfields projects and transactions, including stadium and arena construction and the emerging market for the cleanup and redevelopment of military facilities closed. under the government's BRAC program. XL Capital Ltd (NYSE: XL)~ through its operating subsidiaries is one of the world's largest'providers Of nsurance and reinsurance coverages and financial products. XL Environmental's specialized solutions are backed by the insurance financial strength ratings of A+ (Supe(ior) from, A.M. Best, AA: (Very.Strong) from Standard & Poor s, and Aa3 (Excellent) from Moody's. Additional'infdrrnat on ~ availi~ble at www. xlenvironmental com.' ~ has assembled state of the art . "'"-'""'I technical capabilities to provide realtime data for petroleum contaminants, VOCs, SVOCs and heavy metals. The company is formed around the direct sampling ion trap mass spectrometer (DSITMS) · technology developed by the Department of'Energy and field validated by the US Army Corps of Engineers. The company holds an exclusive license to the commercial application of this innovative new approach, which BNA, Inc. is a ]ea¢iog~publisher of print _and electronic news 'and infoomation, performs VOC analyses in 3 minutes in air, water or soil. .r~eporting O.O..cl.~p~e~ts in ....... -in addition-, TriCorders'.isdevetoping:reaffim~;:DStTMS' environmental ~'r'c~?.~_tion; safety, health analysis for semivolatile contaminants (SVOCs). The care, business, I~lations; law, experienced TriOorders team offers full turn key Triad economics, taxati0n.;?,qd other public Approach site characterization service including work policy and regulatory issues. BNA PrOduces more than plan development, conceptual Site.model development, 200 news andinformation services. BNA's Environmental field execution and report preparation. Due Diligence Guide is a comprehensive reference ~ervice tbat. p~evides a complete picture of the . Environmental Risk Solutions (ERS) .~nvironmental risks involved in contaminated property :ransactions, and ways to reduce or avoid those risks, it ilso keeps On top of the latest developments in the :ommercial real estate industry, at EPA, in the courts, ~nd Jn Congress and includes comprehensive discussion )f brownfields redevelopment and summaries of state ;pecific environmental lawslthat can affect real property. ransact OhS The Gu de, wh ch' s ava lab e both in print ormat and on the Web, .in(~ludes monthly updates to its eference service, a .monthly newsletter, and weekly ~mail memos. Inc., (RTM) is a dynamic, innovative environmental risk management consulting firm that' provides full-service, multi- ' isciplinary capabilities in environmentaJ risk ~anagement, as applied to business and real property 'ansactions. RrM also performs strategic market lanning, government relations expert testimony, ~gulatory analysis, and risk and insurance management onsulting services. RrM offers services in nvironmental risk management consulting, including ue diligence and remed~ation oversight, environmental nance and training, and association m,a. nagement Environmental Bankers Association). it s sister ompany RrM Communications, Inc, produces nvironmental risk management conferences and ubiishes newsletters and books. ER is an environmental risk management solutions company that develops guaranteed soiutions for clients with E.vir~.mental business problems 'associated with R!sk $~lUti~.~ : :environmentar impediments. ERS . assumes our client's env ronmental risks, establishes financial assurances through ' environmental insurance, and ensures the client will not incur further liability with respect to those risks. The ERS Assured Business Solution(ABS) brings transactk~ns to closure, guarantees a fixed price, complies with applicable regulatory requirements and solves your business problem with a risk-efficient's, olution. IlS TheWilIis Environmental the field of B'rownfields redevelopment and environmental risk financing. The Willis Practice is comprised of seasoned, senioG professional staff with extensive "hands.on" experience in environmental engineering and science, law, finance, environmental risk identification' and quantification, and environmental insurance design end placement. We focus our technical and business skills, first, to fully understand and evaluate our clients' environmental needs and second, to develop customized environmental solutions to their full range of environmental risk exposures. HOTEL INFORMATION Sir Francis Drake Hotel 450 Powell Street San Francisco, California 94109 415-392-7755 or 800-227-5480 FA~X 415-391-8719 ROOM BLOCK We have arranged a really, really special "RTM conference rate" of $159 for a single or double room including the nights before and after the conference. Call the Sir Francis Drake Hotel RESERVATIONS LINE on 1-415o392-7755 directly to reserve your room. The room block closes October 24, 2004. The hotel is in full compliance with the Americans with Disabilities Act and offers non-smoking rooms upon request.-.your . GENERAL INFORMATION Included in the registration fee will be refreshments each day, as well as two lunches with a speaker. Each attendee will receive a comprehensive 3-ring binder of PROCEEDINGS containing presentations, speaker biographies, and timely handout material relating to t-he subject. ~me will, be allowed after each speaker or panel for questions from the audience. The reception, the evening of Novemder 16, 2004,-wil] be ;hosted by Zurich North America and Willis Environmental Practice and will include food and beverages and a chance to talk with speakers and attendees. CANCELLATIONS ~ All cancellations must be in writing and be postmarked by October 15, 2004 to avoid a service charge of registration fee does, not include your hotel robm....--'.': $569:00: No refunds'or:credits will be givenfor:cance - ': ' '- '" "'~": ' ' "' ' ' lati,ons received af~e~; Octbbei:.-1'5, 2004 Registrants CLE We also offer Continuing ~.egaI-Education Credits to those who inquire when they register.- LOok fbr the ':'-" sign-in/sign-out sheets at the Conference Registration. table and fill in your Bar number. RTM has received between 12 and 18 CLE credits for its conferences nationally. We automatically apply in California. who ha~e:regiStemd anovbr §ign. ed this-for:m (hard copy or electronic) and whodo not canceJ;-in.w~'Jting, by · · October 15, 2004 are liable for the full registration fee; however, you may send a substitute; Hotel. reserva- tions must be canceled 'bY the attendee directly with the Hotel. REGISTRATION QI 3-Day Ead¥ Bird until October 8,2004 with a room reservation INSIDE the block $898 OUTSIDE or After October 8, 2004 $998 I~1 2-Day Early Bird until October 8, 2004 with - : a room reservation INSIDE {he block $799.__ OUTSIDE Or Afte'r Octbber 8 2004 $89'9 Q 1-Day Triad Rountable ONLY $450__ $. Payment enclosed Bill my: Q VISA O MasterCard QI AMX ~1 Discover Ca~'d # Exp. Date PLEASE PRINT (~'i~--~P'E` NAME TITLE COMPANY ., ADDRESS.- CITY PHONE EMAIL ' .'o ~:oTAT: '. FAX SIGNATURE Fax this form to 703/548-5945 or Mail it to RTM Communications, Inc., 510 King Street, #410, Alexandria, VA 22314 or call 1/800 9 NO RISK with questions Register and Pay online at www.rtmcomm.com Every registrant gets a free issue of the Schnapf Environmental Report and a chance to subscribe to the 2005 online version for a special price. Payment Pogcyt ~AII payr~ents must be received by November 12,'200~l. Payments can be made by check, American Express, WSA, Discover or MasterCard. Please make checks payable to RTM Communications, Inc. ~nd write on the face of the check the name(s) of the attendee(s) as well as the RTM confirmation number, if payment has not been received prior to the conference date, a personal credit card or ohecJ( will be required at the door to gain entry and it will be processed 5 days following the conference if official payment is not received in our office before then. In the event the entire conference is postponed or canceled, R'rM Communications, Inc.. is only responsible for refunding the registration fee, or we will transfer you to a future conference. Ail other associated fees are not the resoonsibilitv of RTM Communications. inc. 510 King Street, #410 Alexandria, VA 223T4 Address Service Requested You're Invited To A Conference on: CONTAMINATED PROPERTY TRANSACTIONS: Structuring Successful Deals . . PRE$ORTED FIRST CLASS U.S. POSTAGE PAID PERMIT NO. 6006 ALEXANDRIA, VA Transactions .ROUNDTABLE November 16, 17,18, 2004 Sir Francis Drake Hotel, San Francisco~ CA f~L.L FOR ¢i,qDC 7'73 · ST~PHEH. F!T2. G~rB~oN$ P.O. E~ON ~.059 ~' · .. SPonsOred by: PoRT ~RT~U~' T~ '77~,~e-~4~e. Zurich North America Risk Management Technologies, Inc. ,Ih.lh,J,lh,J.llh,,,l!,,,h,i.~,hih,,,hJ,l.'.!',,Ihi _.. . Marsh.Environmental Practice -., · · BNA Environmental Due. Diligence Guide - "~.· . .Ino~ ',: - . .... "XL'Environmentatt ?..,., .: .~., -- ..... .Trt. C~s::E~(dronmentaf~lnc..-.;:..~..,~...-....' - ~: .:~. Environmental ~s,k.~!.u. ~&.,~.;_L.~.~ ~ -.~ ~ ,,.. . . ~. . .. : Wdlls Env~ror~rnenta! P. ra .. :~_-~,,~..,,~. The confe-re~-~~lRJ ~[I~E~ TRARS~CI~S. Structuring St~ccessfu/Deals will attbndees With exi~ert inSig~ ~!~'.r/sel]er, lender, investor, OWner, developer, Jn~_~rer-and .co:r?ora. te environmental issues.. Appli~ I~[[lilreforms..ass ..o~. ja~e.d' will be disusse~l.. Emp.~h~si§. W[ll"~placed on succes~-ful volunt.,a~.'.sk-based'cle~'lgP~T b~-'t~i~'fi~ahcing an~SUsta~- able redevelopment o~PL and non-NPL contaminated properties, the clea,mC¢, t~ansTer and_r~6velopment of BRAC sites, on the. performance.and-enforcement 9f.i~ti~qtional Controls, On market opportunities involving .. brownfi~ld proper[les, and BP, AC sites: We will als0 address Turnkey Tdad for TransactiOns, which facilitates site characterization and cleanup involving highly complex contaminated properties. Creative financing programs and practices for lending and insuring brownfields and other types:of financial transactions wi!l also be covered in addition to the new EPA draft regulation on "All Appropdata Inquiry"that details'the new.'d~_ e diligence cdteda for per[orming Phase I environmental site assessments. CERCLA, RCRA, 'brownfields and B :.F~¢3. site case studies involv!ng successful cleanups, redevelopments and use of institutional controls will be ceh~i topics of this conference. This hands-on conference is vital for; Corporate Environmental Officers, Chief Operating Officers, Chief Financial Officers, Corporate Property Managers, ' ' '.._ Corporate Risk Managers and Real Estate,"- Credit policy and bank loan officers, ;'. Commercial and nstitut onal len~ers/irf~estors, . Bank workout/OREO officers, Industrial finance corporation officers,· Corporate real estate attoF3eys,. Mortgage and investment bankers/venture capital firms, Environmental and ?eal estate lawyers, · Brownfield redevelopment firms, Life insurance company executives, Real estate investors, developers and brokers, Environmental consultants and remediation companies, Environmental insurance underwriters, CAty & County Managers, Economic development agency officials, Federal and state government officials, Local Redevelopment Authorities/Base Transition Coordinator~, REGULAR MEETING '- July 14, 1998 ROLL CALL, INVOCATION & PLEDGE The City Council of the City 6fPort Arthur met in Regular Session on Tuesday, July 14, 1998 at 5:30 o'clock P.M. in the City Council Chamber, City Hail, with the following members present: Mayor Oscar G. Ortiz, Mayor Pro Tern Rose Chaisson; Councilmembers Willie Lewis, Bill Worsham, Tom Henderson, Tom Gillam, Rev. Ronnie Linden, Bob Bowers and W.A. "Dub" Brown; City Manager Steve Fitzgibbons; City Secretary Carolyn Dixon; and City Attorney Marl< Sokolow. The invocation was given by Councilmember Henderson, £ollowed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held June 30, 1998 Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam, and carried unanimously, the Minutes of the Regular Meeting held June 30, 1998 were tabled until the next City Council meeting. III. PETITIONS & COMMUNICATIONS (I) Alfred Dominic Regarding The Ail America City, Reflections From A 1973 Delegate - Part III Alfred Dominic, 145 W. 15th, appeared before the City Council to speak as a Veteran Commander representing VFW Post 816 m~d expressed the need for citizens to honor and pay respect to the African American Soldiers who served and gave their lives in World War II, thc Korean Conflict. Vietnam and the Gulf War for the freedom of all men regardless ofrace, creed, or color. Mr. Dominic further implored the Council to support efforts By local orgamzafions to promote racial harmony in the city of Port Arthur. Upon the motion of Councilmember Bowers, seconded by Councilmember Gillam, and carried unanimously, the City Council received the remarks made by' Mr. Dominic as a matter of record. (2) Edna Gonzales Regarding Housing Problems In The Hispanic Community Edna Gonzales, 3046 Procter Street, appeared before the City Council and spoke on behalf of a Nicaraguan immigrant that was evicted from her home for not being a United States citizen. Ms. Gonzales requested that some kind of complaint or aid department be established to address the concerns of the Hispanic community. ' Upon the motion ofCouncilmember Brown, seconded by Councilmember Worsham, and carried unanimously, the City Council received the remarks made by Ms. Gonzales as a matter of record. (3) W.M. Timmerman Regarding Parliamentary Procedures, Council Decorum and Council Apologies W.M. Timmerman. 4048 Lansing Avenue, appeared before the City Council and spoke regarding the manner in which the meetings of the City Cotmcil is conducted. He referred to those roles of decorum that are already m existence and encouraged the City Council to abide by them. The City Attorney advised that it was not generally necessary to accept speakers' comments for the record. (4) Bennie Morgan Regarding Port Arthur Community Revolving Loan Fund - NOT PRESENT None VIII. REPORTS OF BOARDS & COMMITTEES Report From Beantification Commission President of the Beautification Commission, Aletha Kirkwood, presented the above- mentioned report. Upon the motion of Councilmember Henderson, seconded by CounciImember Gillam, and carried unanimously, the City Council received the above-mentioned report as a matter of record and referred it to the City Manager for inclusmn ~n the workshop on the 1998-99 Budget. VII. ITEMS REQUIRING INDIVIDUAL ACTION C. Reports And Recommendations (4) Report On Upcoming Job Fair To Be Held On July 16, 1998 At The Port Arthur Civic Center Executive Director of The Chamber of Commerce Verna Rutherford and Ms. Pat Avery of BASF-Fina prese~nted the above-mentioned report. V. UNFINISHED BUSINESS Resolutions P. R. No. 10293 - A Resolution Streamlining The Appointment Procedure For Boards, Commissions and Committees. · The Mayor introduced the above mentioned resolution. Upon the motion of Councilmember Worsbaml seconded by Councilmember Henderson, and carried, Proposed Resolution No. 10293 was adopted, becoming Resolution No. 98~157. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Gillam, Henderson, Linden, Bowers and Brown. Voting No: None. The caption of Resolution No. 98-157 reads as follows: RESOLUTION NO. 98 -157 A RESOLUTION STREAMLINING THE APPOINT1V[ENT · PROCEDURE FOR BOARDS, COMMISSIONS AND COMMITTEES. VI. CONSENTAGENDA Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson, and carried unanimously, the following consent Agenda was adopted with the exception of Proposed Resolutions No. 10286, 10290 and 10294: (A) (la) Consideration And Approval Of Awarding A Bid For The Purchase Of Water Treatment Chemicals ('When Required) From The Following Vendors: Jones Chemical, Inc. (Houston, TX); Harcros Chemicals, Inc. (Houston, TX); Coastal Products & Chemicals (Houston, TX) Therchem Corp. (New Iberia, LA); And Kjell Corp. (Janesville, WI) In The Estimated Amount Of $387,477.50 For The Utility Operations Department 0Yater Purification And Wastewater Treatment Division). Consideration And Approval Of Awarding A Bid For The Purchase Of Liquid Polymers (When Required) From The Following Vendors: Nalco Chemical Company (Sugarland, TX); Polymer Research Corporation (Centreville, MS) & Coastal Products 0touston, T3~) In The Estimated Amount Of $196,224 For The Utility Operations Department (Water Purification Division). (c) Consideration And Approval To Reject The Bids Received From Southern Tire Mare (Port Arthur, TX), Collins Tire Service (Vidor, TX) And Interstate Trucks (Beaumont, TX) For Tire Repair Services For The City Of Port Arthur. 3 Mayor Oscar G. Ortiz: Communications, June, 1998 $ 99.08 Councilmember W. A. Brown: Use Of Personal Auto For City Business, June, 1998 $ 58.17 Councilmember Robert Bowers: Use Of Personal Auto For City Business, June, 1998 $ 65.00 Councilmember Bill Worsham: Attend American Coastal Coalition Meeting, Washington, D.C., June 23-26, 1998 Communications, April 27 - May 26, 1998 $793.30 $ 33.95 Councilmember Willie Lewis, Jr.: Use Of Personal Auto For City Business, June, 1998 $ 99.77 City Attorney Mark Sokolow: Use Of Personal Auto For City Business, 5/27-7/6/98 $ 28.61 Resnlution~. Consent (1) P. R. No. 10284 - A Resolution Accepting A Donation Of Computers From Lamar University At Port Arthur For Use In The ABC/GED Program At Port Arthm' Public Library. Proposed Resolution No. 10284 became Resolution No. 98-158. (2) P. R. No. 10285 - A Resolution Authorizing The City Manager To Execute A Certificate Of Acceptance To The Contract Dated April 21, 1998 Between The City Of Port Arthur And Robin Me/ton Construction DBA Courts-N-Stuff Of Brookshire, Texas For Tennis And Basketball Cour! Resurfacing And Striping On Various City Parks And Approving Final Payment Of $43,248; Project Account No. 301-1601-591.89-00, CIP 809. Proposed Resolution No. 1,0285 became Resolution No. 98-159. VII. ITEMS REQUIRING INDIVIDUAL ACTION R.eSOluti01LL- Consent (3) P.R. No. 1 I}286 - A Resolution Authorizing The Mayor Of The City Of Port Arthur To Execute A Construction And Maintenance Agreement With The Texas Department Of Transportation For The Improvement Of The FM Highway 365 At Ninth Avenue Intersection And Traffic Signals In The City Of Port Arthur, Jefferson County, Texas. City Funds Available In Account No. 301-1601-591.96-00, CIP 805. The Mayor introduced the above-mentioned resolution. The motion was made by Councilmember Bowers and seconded by Councilmember Worsham that Proposed Resolution No. 10286 be adopted. Director of Public Works Leslie McMahen appeared before the City Council and presented an overview of the details of the standard contract with the State. Proposed Resolution No. 10286 was adopted, becoming Resolution No. 98-160. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Gillan~, Henderson, Linden, Bowers and Brown. Voting No: None. The caption of Resolution No. 98-160 reads as follows: RESOLUTION NO. 98-160 A RESOLUTION AUTHORIZING THE MAYOR OF TIlE CITY OF PORT ARTHUR TO EXECUTE A CONSTRUCTION AND MAINTENA~NCE AGREEMENT WITH TIlE TEXAS ~DEPARTMENT OFTRANSPORTATION FOR THE IMPROVEMENT OF THE FM HIGHWAY 365 AT NINTH AVENUE INTERSECTION AND TRAFFIC SIGNALS IN THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. CITY FUNDS AVAILABLE IN ACCOUNT NO. 301-1601-591.96-00, CIP 805. (4) P. R. No. 10290 ~ A t{esolution Authorizin~ Amendment No. I To GLO Contract No. URB-98-202R With The General Land Office For Constrnction, OrA Boat Dock. The Mayor introduced the above-mentioned resolution. The motion was made by Councihnember Bowers and seconded by Councilmember Worsham that Proposed Resolution No. 10290 be adopted. Planning Director Dale Watson appeared before the City Council and explained that the proposed amendment modifies the City's existing agreement to remove the constractinn task and reduce the funding to funds spent. Mr. Watson also stated that the City will be receiving a new contract for the actaal consrrucnon that will provide a new completion date of August 31, 1999. Proposed Resolution No. 10290 was adopted, becoming Resolution No. 98-161. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Gillam, Henderson, Linden, Bowers and Brown. Voting No: None. The caption of Resolution No. 98-161 reads as follows: RESOLUTION NO. 98-161 A RESOLUTION AUTHORIZING AMENDMENT NO. 1 TO GLO CONTRACT NO. URB-98-202R WITH THE GENERAL LAND OFFICE FOR CONSTRUCTION OF A BOAT DOCK. Councilmember Gillam left the meeting. (s) P. 1L No. 10294 - A Resolution Authorizing The Mayor To Sign An Agreement Between The City Of Port Arthur And Port Arthur Main Street For 'Trade Daze' The Mayor introduced the above-mentioned resolution. The monon was made by Councihnember Bowers and secended by Councilmember Worsham that Proposed Resolution No. 10294 be adopted. The motion was made by Councilmember Linden and seconded by Councilmember Worsham that the above-mentioned motion be amended by adding that the Main Street Program will maintain liability insurauce in the amount of $1,000,000.00. The amendment carried unanimously. Proposed Resolution No. 10294 was adopted as amended, becoming Resolution No. 98-162. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Henderson, Linden, Bowers and Brown. Voting No: None. 6 The caption of Resolution No. 98-162 reads as follows: RESOLUTION NO. 98q62 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND PORT ARTItUR MAIN STREET FOR 'TRADE DAZE'. The City Council recessed their meeting at 6:55 P.M. and reconvened at 7:05 P.M. with the following members present: Mayor Ortiz; Mayor Pro Tem Cbaisson; Councilmembers Lewis, Worsham, Henderson, Liuden, Bowers and Brown; City Manager Fitzgibbons} City Secretary Dixon and City Attorney Sokolow. IV. PUBLIC HEARINGS - 7:00PM (1) Consideration Of Abandonment Of The Following Easement: 100~ 7th Street Right-Of-Way Between Main Avenue And Procter Street Extension A98-01 (C. A. Turner Construction Company) The City Secretary stated that notice of the above-mentioned public hearing was published in the Port Arthur News on Sunday, July 5, 1998. Planning Director Dale Watson appeared before the City Council and stated that the applicant for the proposed abandonment is in the process of purchasing additional property to expand their business and would like to utilize the currently undeveloped portion of the Seventh Street right-of-way between Main Avenue and Procter Street Extension. Mr. Watson further stated that the Planning & Zoning Commission recommended approval of the proposed abandonment. Ken Hennigan, 703 Land Circle, Orange, TX, appeared before City Council as a representative ofC. A. Turner Construction and spoke in suppoll of the abandonment of the .r. ight-of-wa~y. 5 Upon the motion of Councilmember Brown, seconded by Councilmember Linden, and carried unanimously, the City Council closed the Public Hearing at 7:13 P.M. (2) Receive Pu.blic. Comment Regarding The Sabine Pass Battleground, Memorial Park Bulkhead Restoration Plans (Requested By Texas Parks & Wildlife) Chiddi N'Jie, P.E., Texas Parks and Wildlife Department, 2003 Monclair Street Austin, TX, Linton Ardoin, Regional Administrator for Texas Parks and Wildlife and Danny McGuim, a representative of Sea Rim State Park and the Sabine Pass Battleground, appeared before the City Council and presented an overview of the proposed restoration of the existing bulkhead at Dick Dowling Park. r. N J~e stated that the total cost of the proposed project is estimated at $350,000.00 and that Texas Parks and Wildlife is working on a grant to fund it. Mr. Ardoin encouraged the City Council and public to write letters to the Executive Director of the Texas Parks and Wildlife Commission in support of this project. The following citizens appeared before the City Council and spoke in support of the proposed restoration: Louis May, 3369 63'~ Street Adam Sanders, 7044 South Gulfway Gabby Eldridge, Tremont Street Upon the motion of Councilmember Brown, seconded by Councilmember Bowers, and carried unanimously, the City Council closed the Public Hearing at 7:30 P.M. (3) Receive Public Comment On The Issuance Of A Wrecker Permit To Ron's Towing And Recovery Chief of Police Gorris appeared before the City Council and stated that he' recommended the re-issuance of a Wrecker Permit to RoWs Towing And Recovery with the understanding that if there is cause to revoke his permit again that he would not be issued another one. Ron Willis, 5265 Gulfway Drive, appeared before the City Council and explained that during the time that his employees had over-charged for wrecker servtce that he and another supervisor were out of town. Mr. Willis also stated that the employees involved were terminated and the amotmt of the overcharge was refunded to the clients, with their next tow for free. Mr. Willis further added that m his twenty years of service in the city of Port Arthur that he has never had his license suspended until nOW. The City Council requested that Chief Gon'is investigate and determine when the employees were terminated, and if they were working at one of the other businesses owned by Mr. Willis. It was also requested that Chief Gorris provide a report on how many tows that each wrecker service has done per year and the number ofinfracnons. Upon t~e motion ofCouncilmemlser Itenderson, seconded by Councilmember Lewis, and carried unanimously, the City Council closed the Public Hearing at 7:50 P.M. VII. ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED) A. Resolutions (i) P. R. No. 10287 - A Resolution Authorizing The Expenditure By The Economic Development Corporation Of Up To $25,000 For The Feasibility Study For An Industrial Park Along Highway 365 The Mayor introduced the above-mentioned resolution. 8 The motion was made by Councilmember Bowers and seconded by Councilmember Worsham that Proposed Resolution No. 10287 be adopted. Director of Economic Development Corporation, Dave Foster, appeared before the City Council to inform them that an appraisal has been done on the property under consideration for an industriaI park along Highway 365 and the process ['or a feasibility study is underway~ Upon the motion ofCouncilmember Worsham, seconded by Councilmember Brown, and carried over the dissenting vote of Councilmember Bowers and Councilmember Lewis, Proposed Resolution No. 10287 was removed from the agenda. (2) P.R. No. 10289 - A Resolution Authorizing The Port Arthur Economic Developmem Corporation To Set Aside A.n Amoum Of $250.000 In l'he 1999 PAEDC B~dget For West Side Industrial Park Development. Proposed Resolution No. 10289 was held until after Executive Session. B. Ordinaac~ (D P. O. No. 4929 - An Ordinance Amending Article II, Division 2 (Rules Of Procedure) Sections 2-21 Through Section 2-42 Of Chapter 2 (Administration) Of The Code Of Ordinances Of The City Of Port Arthur, Texas, Delineating A Maximum Fine Of $500 And An Effective Date. The City Manager introduced the above-mentioned ordinance. Upon the motion of Councilmember Linden, seconded by Councilmember Worsham, and carried unanimously, Proposed Ordinance No. 49~9 was tabled. (2) P. O. No. 4935, An Ordinance Amending Section 18-34 Of The Code Of Ordinances As To Allow An Exception To Section 18-33 Pertaining To Solicitation On Public Streets. The C~t~ Manager' ntroduced the above-mentioned ordinance. The motion was made by Councilmember Linden arid seconded by Councilmember Bowers that Proposed Ordinance No. 4935 be adopted. The motion was made, by Councilmember Worsham and seconded by Councilmember Linden that Proposed Ordinance No. 4935 be amended by changing Section 18-34, (b) to read as follows: (b) Permits may be issued to no person or organizatmn more thafi once per calendar year for a period of no more than two consecutive days, which days must fall within fifteen days "of a nationally-recognized campaign", and for no hours other than those between the hours of 9:00 a.m. and one hour before sunset. 9 Deputy Chief Steve Curran appeared before the City CounciI to discuss Proposed Ordinance No. 4935. David Sheffield, Hardin County Attorney, appeared 'before the City Council and spoke in support of Proposed C~rdinance No. 4935 and amendment. After much discussion the following roll call vote was taken on the motion to amend Proposed Ordinance 4935: Councilmember Bowers "Yes" Councilmember Brown "No" Mayor Pro Tern Chmsson "Yes" Councilmember Henderson "Yes" Councilmember Lewis "No" Councilmember Linden "No" Councilmember Worsham "Yes" Mayor Ortiz ~'Yes" The amendment to Proposed Ordinance No. 4935 carried. Proposed Ordinance No. 4935 was adopted as amended, becoming Ordinance No. 98- 45. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaissun; Councilmembers LeWts, Worsham, Henderson, Linden and Bowers. Voting No: Councilmember Brown. The caption of Ordinance No. 98-45 reads as follows: ORDINANCE NO. 98-45 AN ORDINANCE AMENDING SECTION 18-34 OF TIlE CODE OF ORDINANCES AS TO ALLOW AN EXCEPTION TO SECTION 18-33 PERTAINING TO SOLICITATION ON PUBLIC STREETS. (3) P. O~.' No. 4937 - An Ordinance Extending An Excavation Permit Issued Pursuant To Section 8A (Excavations) Of The Code Of Ordinances Of The City Of Port Arthur To Sabine Neches, Inc. The City Manager introduced the above-mentioned Ordinance. Planning Director Dale Watson appeared before the City Council and presented details concerning the proposed ordinance. Mr. Watson stated that Drainage D/strict #7 is agreeable to allow the completed borrow pit to be tied into their system and be utilitized for the storage of rainwater. 10 Upon the motion of Councilmember Bowers, seconded by Cmmcilmember Linden, and carried unanimously, Proposed Ordinance No. 4937 was tabled for two weeks and until staff can meet with Drainage District #7. C. ~Reports And Recolllnlendatiolls (1) Recommendation From Black & Veateh On Water Plant And Water Line Extension Project Mr. Ron Kelling, of Black & Veatch, Houston, TX presented the above-mentioned report and recommended thdt the City rebid the original plans and specifications submitted by his company. (2) Status Report On Economic Development Corporation's Louisiana Avenue Project Public Works Director Leslie McMahen appeared before the City Council and presented the above-mentioned report. The City Manger stated that the Economm Development Corporation will be billed for the total cost of the project estimated to be $12,607.00, and whether ti~ey pay only the committed $8.000.00 or more will be up to them. (3) Report On EDC Creation Of Jobs Director of the Economic Development Corporation Dave Foster presented the above-mentioned report. (5) Report Regarding City's El'ectoral Process By The City Secretary City Secretary Carolyn D xon presented the above mentioned report and stated that she would make this report available to the public with the addition of the U. S. Justice Department phone number. (6) Report On Emergency Repairs To A 1987 Rex 3-70A Compactor (Equipment #1061) The City Manager presented the above-mentioned report. (7) Report On Status Of Triangle Soup Kitchen Community Services Director Lawrence Baker appeared before the City Council and presented the above-mentioned report and stated that it is his goal that all of the hindrances to the occupancy pem~it will be dealt with in the next two weeks. Mayor Pro Tern Chaisson left the meeting. I1 (8) Report On Preliminary 1998-99 Budget & Schedule For The City Of Port Arthur Finance Director Rebecca Underhill presented the above-mentioned report. (9) Report On Council Of Government's Solid Waste Grant Funding Sfatus The City Manager presented the above-mentioned report. Upon the motion of Counc~hnember Bowers, seconded by Councilmember Brown, and carried unannnously, the City Council accepted the above-mentioned report and suggested that the City Manager provide this information to the Southeast Texas Regional Planning Commission. (10) Report On Navy Napahn Recycling Projec! The City Manager presented the above-mentioned report. IX. *CLOSED MEETING (EXECUTIVE SESSION) The City Council recessed their meenng at 10:I 0 P.M. to meet in Executive Session and reconvened at 10:49 P.M. with the following members present: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmember Lewis. Worsham, Henderson, Linden, Bowers and Brown; City Manager Fitzgibbons; City Secretary Dixon and City Attorney Sokolow. (1) Section 555.071 Government Code - Discussion With The City Attorney On Procedures To Avoid Litigation Over ]'he Water Line Construction Along Savannah Avenue. (2) Section 555.071 Government Code - Discussion With The City Attorney On Procedures To Avoid Litigation Over Sewer Overflows And The Sewer Plant Process. (3) Section 551.072 - To Discuss With The City Attorney The Value Of Land Adjacent To 7th Street For Lease And/Or Purchase. VII. ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED) (2) P. R. No. 10289 ~ A Resolution Authorizing The Port Arthur Economic Development Corporation To Set Aside An Amount Of $250,000 In The 1999 PAEDC Budget For West Side Industrial Park Development. The Mayor introduced the above-mentioned Resolution. 12 Upon the motion of Councilmember Henderson, seconded by Councilmember Worsham, and carried, Proposed Resolution No. 10289 was adopted, becoming Resolution No. 98-163. Voting Yes: Mayor Ortiz; Mayor Pro Tem Chaisson; Councilmembers Lewis, Worsham. Henderson, Linden, Bowers and Brown. Voting No: None. The caption of Resolution No. 98-163 reads as follows: RESOLUTION NO. 98-163 A RESOLUTION AUTHORIZING THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO SET ASIDE AN AMOUNT OF $250,000 IN THE 1999 PAEDC BUDGET FOR WEST SIDE INDUSTRIAL PARK DEVELOPMENT. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Couneilmember Worshanl: (1) A report on what other cities are doing in the form of protective ordinances or m the form ora complaint number for the elderly that the}, can call if being hounded by solicitors, fleeced by local businesses. (2) A report on what programs the EDC has for encouraging people to reside in Port Arthur, and if there are none, what do they propose. (3) Notification to City Council of Pleasure Island Commission Budget Hearings. (4) A reminder to send a complaint to the SETRPC regarding the Pell grant policies and procedures. Councilmember Brown: (1) A report on the number ~)f tickets issued for littering over the past three years and the disltbsition of those tickets. (2) A report on number of tickets issued under the noise ordinance aver the past three years and the disposition, of those tickets. Cmnncilmember I,indvtll (I) A report on the State law that prevents local political subdivisions; ie: Cities, from requinng City employees to live in the City. When was the law enacted? Who sponsored it? How can we go about getting it overturned? 13 (2) A report on the history of Chem Waste since they first came to town and what they were originally licensed or permitted to do. When did that change? What are they currently licensed or permitted to do according to their permit? What is being burned and at what quantities? Also nauonaJ informanon on any EPA violations charged to this company. This report to be gathered from newspaper articles, City Council records and so forth and presented an August 11, 1998. (3) A report regarding the processing of sewer water. C~mcd]mcn~er B~vers: A reminder that on October 29, 1998 there is a delegation from Jefferson County going to the Texas Transportation Commission in Austin. TX, and they would like to invite the Mayor, Council and members of the staff to attend also. F-~gllll~flln~m ber~Lewis: (1) A copy of the Council Meeting tapes of when Chem. Waste was permitted be provided for the report requested by Councilmember Linden. (2) A report from the City Manager on the status of Mr. Timmerman's qnestions. The City Manager confirmed that the workshop on the proposed I998-99 Budget would be held at 5:30 P.M. on July 2I, 1998 in the City Council Chamber, Ci.ty Hall. XI. ADJOURNMENT OF MEETING Upon the motion of Councilmember Worsham, seconded by Councdmember Henderson, and carried unanimously, the City Council adjourned their meeting at 11: 10 o'clock 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 ATTEST: CITY SECRETARY END OF REGULAR MEETING HELD JULY 14; 1998. APPROVED: 14 MEMORANDUM Office Of The City Secretary City Of Port Arthur Mayor & City Council Members.z~ ~ ~f/~ FROM City Secretary Carolyn Dixon L ~.~.~k.~~ SUBJECT MINUTES OF JUNE 30, 1998 MEETING DATE July 14, 1998 COMMENT I apologize for the delay in delivering you a copy of the Minutes of ~lune 30, 1998. The Minutes of this meeting set a record for the most lengthy written minutes in my tenure as City Secretary. (~ z z H~ ~3 REGULAR MEETING - June 30, 1998 I. ROLL CALL, INVOCATION & PLEDGE The City Council of the City of Port Arthur met in Regular Session an Tuesday, June 30, 1998 at 8:30 o'clock A.M. in the City Council Chamber, City Hall. with the following members present: Mayor Oscar G. Ortiz. Jr., Mayor Pro Tern Rose Chaisson; Councilmembers Willie Lewm, Bill Worsham, Tom Henderson, Tom GilIam, Rev. Ronnie Linden. Bob Bowers and W.A. "Dub" Brown; City Manager Steve Fitzgibbons; City Secretary Carolyn Dixon; and City Attorney Mark Sokolow The invocation was given by Councilmember Bowers, followed by the pledge to the flag. II. PROCLAMATIONS & MINUTES Minutes - Regular Meeting Held June -16, 1998 Upon the motion of Councilmember Bowers, seconded by Councilmembcr Brown, and carried unanimously, the City Council approved the Minutes of the Regular Meeting held June 16, I998, to include the correction to (4) Alfred Dommtc Regarding Port Arthur. The All American City, Reflections From A t973 Delegate to read 'The All America City'. II. PETITIONS & COMMUNICATIONS (1) Lynn McGrath And Chief Barbay Regarding Fire Fighters Fill The Boot For MDA Campaign Clms Perry representing the Muscular Dystrophy Association, appeared before the City Council speaking for Lynn McGrath and her quest Isaac, expounded upon the many advantages that MDA gtves children and adults neuromuscular diseases. Ms. Perry also implored the Council to consider an amendment to the solicitation ordinance which would allow fire fighters to collect on street comers in Port Arthur for the 'MDA caml~hign. Steve Curran, Deputy Fire Chief, appeared before the City Council to support the request made by MDA so they can conduct their "Fill The Boot For MDA" Campaign.. Upon the motion of Councilmember Lewis and seconded by Councilmembet Worsham, and carded unanimously, the City Council received the remarks made by Ms. Pen~ and Steve Curran and referred those to the City Manager for further action. (2) Anthony McDaniels Regarding The Elderly Anthony McDaniels, 848 Grannis, appeared before the City Council to express his dissatisfaction in the way Council has received mid handled the questions from Mr. Herbert Martin concerning the Soup Kitchen. Mr. McDaniels also requested an official apology frOm the CounciI to Mr. Herbert Martin for the humiliation he experienced at the meeting before last, and that a time be appointed that he would receive a written report on the questions he has presented. Mr. Herbert Martin, 610 W. 15th Street, also appeared before the City Councit to once again inquire about the progress of the Soup Kitchen. Upon the motion of Councilmember Gillam and seconded by Councilmember Henderson the City Council received the ~:emarks made by Mr. McDaniels with ~nstructions that a letter of apology be prepared by the Council and sent to Mr. Martin. Councilmembe~: Lewis stated?he following for the record: I guess th~s ~s ali in reference to Mr. Martin coming before the Council in the past nd we ve clearly stated...and I would appreciate it, the speal~er, in the future, I would suggest to you that if you want to know what is going on or be brought up to date as to what is happening and what has lranspired in the past, I would suggest that you come to me and talk to me about it before you go offand start writing columns and what have you and speaking of ball truths and you have no ka~owledge of what realIy transpired. Repeatedly, repeatedly, repeatedly we have stated to the speaker where to go. We have provided reports. The people that is involved with the Soup Kitchen have come here and explained these things. We've had progress reports about the progress of the Soup Kitchen· We've been repeatedly been coming back, and back, and back with the same thing totally unrelated bordering on slander. As a matter of fact at this point in time there could be a slanderous lawsuit filed against the person that your speaking in behalf of.. I owe no apology. I've explained myself in the past and I treat citizens with respect that earns respect. If you've got any problems, anything in the future you want to talk to me about it I would appreciate it if you would giv~ me a call. But, this morning, a slanderous remark was made again-- ~They have b~ilt, they have opened another busii~ess', and that's bordering (~n-~they have taken the money that the City has made available to them to remodel the Soup Kitchen which they have no cash to give to anybody, and I've explained that in the past. It's only drawn down as work has been done and most of the work that has been done over there has been done by volunteci's; and I repeatedly to the speaker, have made this aware that that individual has never volunteered to do anything. There ar[ people with jobs that have taken the time off from their work and their busy schedule to help out. The individual that is before us, that has repeatedly been coming before us, has done nothing but complain. Has not so much as picked up a hammer, and I reiterate paint brash or whatever or volunteered to deliver a meal. I owe no apology. I owe no apology. I work diligently for the citizens down here and for the ones that earn respect I give respect. And that is for the record; that is not for debate, City Manager." 2 The following roll call vote was taken on the above-mentioned motion: Councilmember Bowers "Yes" Councilmember Brown "Yes" Mayor Pro Tern Chaisson "Yes" Councilmember Gillam "Yes" C0uncilmcmber Henderson "Yes" Councilmember Lewis "No" Councilmember Linden "Yes" Councilmembei- Worsham "Yes" Mayor Ortiz "Yes" The motion carried. Mayor Ortiz left the mgeting at 9:10 A.M. and Mayor Pro Tem Chaisson presided. (3) Alfred Dominic Regarding Port Arthur, The All- America City, Reflections' From A 1973 Delegate-Part II Alfred Dominic, 145 W. 15th Street, appeared before the Ci,'ty Council and introduced the names of those members, of the Minority Community Action Committee and others to commend thei[ efforts for unifying the City of Port Arthur. Mr. Dominic also requested that the City of Port Arthur open it's doors to the Committee under the umbrella of the EDC for the development of minority-based businesses in the city and the healing of racial conflict. Upon the motion of Councilmember Linden and seconded by Councilmember Gillam, and carried unanimously, the City Council ~eceived the remarks made by Mr. Dominic as a matter of record. (4) Lynn Morris Williams Regarding Building Policy On Unimproved Streets Lynn Morris Williams, 741 W. Procter Street, appeared before the City Council to request a list of the areas in the city that would fall under the same problems encountered by Mr. Ronnic Sanders in his attempt to s~cure a permit to build his home o'i~ Bayou Drive. Upon the motion of Councilmember Bowers and seconded by Councilmember Gillam, and carried unanimously, the City Council received the remarks made by Mr. Williams as a matter of record and referred them to staff for a response. (5) W.M. Timm~'rman Regarding Use Of Pleasure Island Maintenance Personnel To Help Relocate Port Arthur Club W. M. Timmerman, Jr., 4048 Lansing Ave., appeared before the City Council as a concerned taxpayer to address the situation of Pleasure Island staff assisting in the relocation of the Port Arth~ Club. Mr. Timmerman also stated that after being referred by the City Manager to the Pleasure Island Commission, he only received a series of 'I don't knows' and wanted to present his questions and concerns for public record as follows: Who else has P~easure Island Commission personnel assisted other than .M~d} ?r,a~s, whether private orgamzatlon, government entity or private lntllVlOUalr What guidelines are the Pleasure Island Commission personnel under'~ Is it City or some other entity? What is the policy covering these people? Is it written? What is their job description? Are Pleasure Island Commission personnel considered employees of the City? Do they have the same protections as City employees? In !he situation, as described, who is responsible for liability in case of an ~njury? Were Pleasure Island Commission personnei doing this for the Port Arthur Club under duress or coercion, expressed or implied? Was there board approval for the use of Pleasure Island Commission personnel in helping the Port Arthur Club relocate? Who authorized and approved the use of the Pleasure Islm~d Commission personnel to help the Port Arthur Clnb in moving? What was the actual work done and number of man honrs? Who requested the use of Pleasure Island Commission personnel to assist the Port Arthur Club in relocating? What work was done for Mardi Gras by Pleasure 'Island Commission personnel? Was the Pleasure Island Commission reimbursed by Mardi Gras? Or were the Pleasure Island Commission personnel reimbnrs'ed by Mardi Gras? . Upon the motion of Coancilmember Lewis and seconded by Councilmember Gillam, and carried unanimously, the City Council received the remarks made by Mr. Timmerman as a matter of record and referred them to the City Manager for ~nvestigation and report back to the City Council. B. Correspondence None IV. PUBLIC HEARINGS _ 9:00 AM - NONE V, UNFINISHED BUSINESS The Following Items Of Business.Were Held From Previous Meetings At Which No Action Was Taken On These Items: Reaolutions: O) P. IL No. 10253 - A Resolution Authorizing A Six- Month Extension Of The Existing Contract For Mowing Of Various City Properties, Parks, And Right- Of-Ways In The City Of Port Arthur Bet*veen The City Of Port Arthur And American Remediation Options, /nc. Of Nederland, Texas In The Amount Of $6,462.50; Proposed Fund!ng: Account No. 001-120%531.31-00. Mayor Pro Tem Chaisson introduced the above-mentioned Resolution. The motion was made by Councilmember Bowers and, seconded by Cmmcilmember Worsham that the above-mentioned Resolution be adopted. Public Works Director Leslie McMahen appeared before the City Council to explain that the total length of the contract would equal 18 months with the passing of this resolution, and at the end of that period the City will be going out for new bids. Mr. McMahen also stated that he supported this resolution due to the fact that the new Parks and Recreation Director may not be on board before the current contract extension expires so it would be desirable to have this contract extended so that it is in place for the new director. Thc City Manager stated that the City is in the final review of applicant~ for a Parks And Recreation Director. Mayor Ortiz returned to the meeting at 9:40 A..M. Assistant Publi~ Works Director Taylor Shelton appeared before the City Council to explain that some mowing contracts were already underway for many years and pew contracts were ~mplem~ted to help out the Parks Department. A clnster of parks ~n the same area were chosen so the contractor would not lose productivity time by traveling all over the city. Director of Public Works Leslie McMahen further stated that there had not been any complaints about the work of the contractors, other than a complaim about the City not being able to cut the ditches at the same time that the contractors complete the should&s in Sabine?ass. Mr~ McMahen further stated that his previous remarks also apply to Proposed Resolutions 10253 and 10254. After much discussion the following roll call vote was taken on the above-mentioned motion: Councilmember~ Bowers "Yes" Councilmember Brown "Yes" Mayor Pro Tem Chaisson "Yes" Councilmember Gillam "Yes" Councilmember Henderson "Yes" Councilmember Lewi~ "Yes" Councilmember Linden "No" Councilmember Worsham "Yes" Mayor Ortiz "Yes" Proposed Resolution No. 10253 was adopted, becoming Resolution No. 98-144 The caption of Resolution No. 98-144 reads as follows: RESOLUTION NO. 98-144 A RESOLUTION AUTHORIZIN~ A SEX- MONTH EXTENSION OF THE EXISTING CONTRACT FOR MOWING OF VARIOus CITY PROPERTIES, PARKS, AND RIGHT-OF-WAYS IN T}IE CITY OF PORT ART}fUR BETWEEN THE CITY OF PORT ARTHUR AND AMERICAN REMEDIATION OPTIONS, INC. OF NEDERLAND, TEXAS IN TIlE AMOUNT OF $6,462.50; PROPOSED FUNDING: ACCOUNT NO. 001-1207- 531.31-00. (2) P. R. No. 10254 - A Resolution Authorizing A Six- Month Extension Of The Existing Contract For Mowing Of Various City Propertie~, Parks And Right- Of-Ways In The City Of Port Arthur Between The City Of Port Arthur And Manning Mowing Service Of Vidor, Texas In The Amount Of $4,132.75. Proposed Funding: Accounl No. 001-1207~531.31-00. The Mayor introduced the above-mentioned Resolution Upon the motion by Councilmember Brown, seconded by Councilmember Worsham, and carried, Proposed Resolution No. 10254 was adopted, becoming Resolution No. 98-145. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Henderson, Gillam, Bowers and Brown. Voting No: Councilmernber Linden. The caption of Resolution No. 98-145 reads as follows: RESOLUTION NO. 98-145 A RESOLUTION AUTHORIZING A SIX- MONTH EXTENSION OF ; THE EXISTING CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY OF PORT ARTHUR BETWEEN THE CITY OF PORT ARTHUR AND MANNING MOWING SERVICE OF VIDOR, TEXAS IN THE AMOUNT OF $4,132.75. PROPOSED FUNDING: ACCOUNT NO. 001-1207-531.31-00. O) P. R. No. 10255 - A Resolution Authorizing A Six- Month Extension Of The Existing Contract For Mowing Of Various City Properties, Parks And Right- Of-Ways In The City Of Port Arthur Between The City Of Port Arthur And Joey's Tractor Service Of Port Arthur, Texas In The Amount Of $4,603.50. Proposed Funding: Account No. 001-1207-531.31-00. The Mayor introduced the above-mentioned Resolution. Upon the motion of Councilmember Bowers, seconded by Councilmember Worsham Proposed Resolution No. 10255 was adopted, becoming Resolution No. 98-146. Voting Yes: Mayor Ortiz; Mayor Pro Tem Chaisson; Councilmembers Lewis, Worsham. Henderson, Gillam Bowers and Brown. Voting No: Councilmember Linden. The Caption of Resolution No. 98-146 reads as follows: RESOLUTION NO. 98-146 A RESOLUTION AUTHORIZING A SIX- MONTH EXTENSION OF THE EXISTING CONTRACT FOR MOWING OF VARIOUS CITY PROPERTIES, PARKS AND RIGHT-OF-WAYS IN THE CITY OF PORT ARTHUR BETWEEN THE CITY OF PORT ARTHUR AND JOE¥'S TRACTOR SERVICE OF PORT ARTHUR, TEXAS IN THE AMOUNT OF $4,603.50.' PROPOSED FUNDING: ACCOUNT NO. 001-1207-531.31-00. P.R. No. 10262 - A Resolution Pertaining To The City's Electoral Process. Mayor Ortiz introduced the above-mentioned Resolution. Upon the motion of Councilmember Linden. seconded by Councilmember Henderson, and carried, Proposed Resolutmn No. 10262 was held until after Executive Session. Proposed Ordinance No. 4922 - An Ordinance Authorizing The Pleasure Island Commission To Convey Condominium units And Common Areas Of The Sea Cabin Condominiums. The City Manager introduced the above-mentioned Ordinance. The motion was made by Councilmember Worsham and seconded by Councilmember Brown that Proposed Oi'dinance No. 4922 be adopted. Councilmember Worsham requested that his questions and the responses of Mr. Pete Steele be placed in the Minu~tes o£this meeting.' Pete Steele, 580 Pleasure Pier Blvd., Attorney for Pleasure Island Commission appeared before the City Council to respond to the questions concerning the above- mentioned Ordinance: ' Councilmember Worsham: "In the--An Ordinance authorizing the Pleasure Islhnd Commission to convey condominium units in common areas of the Sea Cabin Condominiums, there is a reference to--this is Section 2: Now therefor be it ordained by the City Council of the City of Port Arthur. In Section 2 the Pleasure Island Comm/ssion has perm~ssmn to convey fee title to the condominium units a~ well as the common elements which are part of the condominium regime. What does the term condomimum regime mean? Mr. Steele: "A condominium regime, Mr. Worsham, is the overall project. The Condominium Project is called a regime; and . . . the condominium regime is composed of the ~nd~vldual un/t--fractional ownership units in the condominium which will be the apartments. And alse. the fractional ownership units m the common elements which in this case out there would be the parking lot, the walk ways, the pool area, everything that's within the fence basically that is not a condominium unit is called a common element." Cour/cilmember Worsham: "Okay, and the condominium regime, what is the identity of that?" Mr. Steele: "The identity of it? Couneilmember Worsham:."Yeah. In other words the common elements are who owns the common elements, i guess, is my question?" Mr. Steele: "The common elements are owned by each of the individual condominium unit owners in fra~tional.'ownership. There's seventy-two condominiums out there so each condominium unit owner has an undivided one- seventy/second interest in each ofthose common elements." Councilmember Worsham'" - · · So they would be an orgamzatton or be, how would they deal with that when things had to be done on the corrm~on grounds?" · Steele: Because the common elements are actually administered and held by the Sea Cabin Homeowners Association, which is a non-profit organizfition that governs the common elements, takes care of the repairs and water bills and stuff like that." Councilmember Worsham: "Ok organized and recorded legally?,'ay' So that is an organization that is officially Mr. Steele: "I believe it is. Now; Lance Bradley, who I think is a new Director of the Home Owners Association is looldng into that to make certain that everything has been done with the Home Owners Association. It is formally created. Okay, its created in the condominium declaratiOn;'but I think they were looking into actually forming this non-profit corporation It is a not for profit organization at present which is, I mean, an unwritteh association fOrmed by the bylaws and declarations of the condominiums." Councilmember Worsham: a oI course that would need to be done before any "An' ~ ' action or conveyance would be done between the Island Commission and the Home Owners Association?" Mr. Steele: "Well, no because the association was actually created in the bylaws, in the declaration for the condominiums. The association was created. I think what they are talking about now is just talc ng that association iht ' . wouldn't change the identitv of the n ..... .. ., . , .o a d~fferent form but it ~ - ......~uc~at~on. 1 lmow its mhd of a hard concept but any time a condominium regime is created this association is created as well· So this was actually created back at the time that the condominium regime was recorded in 1979 or 1980. Now they have been active and inactive as you may know over the years but they've been active for a pretty good while now. T ' ' hey re just going to ~hange it, I think actually form a non-profit corporation to be that entity. Okay, its just a unincorporated association right now and they're talking about making it a non-profit cmporation." Conncilmember Worsham: "Okay, my question is wilI that be done before any conveyance of fee title will be done?" Mr. Steele: "That hasn't been discussed I don't think it's nece~a~ Councilmember Worsham: "Second question. Has fee title been given to anyone prior to"today with~the condominiums?'! Mr. Steele: "Yes, there have b[en at least two. I think there are two, there's possibly tl~ree, but I'm pretty sure just two condominium units that were closed through Port Arthur Abstract who was laboring under the impression that there was an ordinance in place for the condominiums just like there is one for Mariners Cove and Laffitte's Landing. It was determined in a recent pending transaction that there Wasn't one by another title company and that's what led to the request from the City for the ordinance which is identical to the Mahners Cove and Laffitte's Landing ordinance." Councilmember Worsham: "So fee title has been conveyed to at least two prior to coming to the City Council?" Mr Steele: "Right That's correct." 9 °ungilmember Henderson: "Mr. Steele, I am a little confused here..Are t~at there ~s a corporation, that each member o ............. w,e saying "~o ,,-c-~venry/secona of the corporation. In other words he owns the sidewalks, a part of the sidewalk~ and the fences and the whatever other amenities are involved with the condominium corporation?" Mr. Steele: "Well, yes sir. They actually own an nndivided interest in the actual common elements, not necessarily the-association, because the association is just a governing board essentially that governs those COmmon elements. So they don't actually have an interest in that association. If a non-profit corporation is formed there's no ownership interest in that as you may know. There's members with no ownership interest." Counciimember Henderson: "So in the reality if a person owns a condominium, the condominium per se is the only thing that he owns?" Mr. Steele: "Well that and an undivided interest in the common elements. That's a statutory scheme that the legislature created for condominium ownership. You do have your unit itself, your apartment and then you've got an undivided interest in the common elements." ,, Councilmember Henderson: "Which makes them respon'sible for maintenance and repmrs to the entire condominium complex?" Mr. Steele: "Well, yes, that's the purpose for the association that takes care of all of that. And then you pay dues. In the condominiums out there they charge assessments tl~at's been $1600 a year for each unit for a nmnber of years. But everybody pays that--it goes into a pool and they use ~hat pool money to repair things, pay the water bill, pay taxes on common elements. ~ ' Councilmember Linden: "Mr, Steele I would like to follow up on a question rinsed by Councilmember Worsham and see if that answers my question to your response to letter B.: How did the Pleasure Island Commission obtain title is the question. And it's answered: the City of Port Arthur has always owned the fee title to the underlined real property. So, fi m understandmg your response the quest/on is how did tile Pleasure Island Commission obtain title? The answer is: you have not." Mr. Steele: "Well, Conceptually the' condominium idea is kind of hard to grasp. But it's really no different from a land title perspective than the Mariners Cove Subdivision. In that case there was a long term lease given by the City through the Comrnission to the developer. It's a ninety-nine year lease for that big tract of land. They cut it up into lots and sold ninetymine year leases in those lots. But this is the same way with condomioiums; there was a long term lease made with the condominium developer in 1979, they then built the condominiums and sold ninety- nine year leases for the condominium nnits. So really the title was in the same state as it was in Mariner's Cove where the City actually had title to the property..." Councilmember Linden: :~'An~i not the Island Commission?" Mr. Steele: "Right." 10 CouncilmemberLinden ,,o ~ ' ---: oo now were you able to convey two titles, to two different persons or entities, if you didn't have the title to convey?" Mr. Steele: "It was a mistake. Everyone thought we had an ordinance, well there were two ordinances, actually." Councilmember Linden: "So what's the status of those Mr. Steele? Forgive me for cutting you off, I'mju~st interested in what are the status of those?" Mr. S .... ' teele. From the tttle company's prospective as I understand it is, if the City were to pass the ordinance that's before the Council today that would take care of their problems with lt. Retroactive effect, there is a thing called merger of titles In real estate law and once that matter would get clarified for the Pleasure Island Comm~ssmn then they're satisfied that it's clarified for those prior conveyances." Councilmember Linden: "I guess that's why we have attorneys who are specialists now. Specialist in real estate law. You're saying as; is that your specialty, in real estate law?" Mr. Steele: "It's supposed to be, yes sir." Councilmember Linden: "Glad you're not my medical doctor, Mr. Steele. 'Doctor I'm here for my heart. Well I'm supposed to be good at it but sometimes I'm not. Mr. Steele, then it is younopm~on that this ordinance would make that retroactive?" Mr. Steele: "That's what I'm understanding from the title companies which is kind of the bottom line for areal estate transaction. If the title company is going to insure title, then that satisfies me. Cause that's what were looking for, is title insurance." Councilmember Linden: "That is correct. Mr. Attorney, is that your understanding? And I understand that this is a specialty area and your area is mumcipal law." City Attorney Sokolow: "Well, what I was going to say is I; with all due consideration, Mr. Steele, when I wrote the letter to Mr. Dike I was trying to get the most pertinent information. This is th~ first time I've heard that they've done, l guess, two or three condos and sold them. And so I would request the Council to do is go ahead and defer this item so I can get more information on it and get more details 6f the exactS'status of it." Councilmember Worsham rescinded his motion to adopt Proposed Ordinance No. 4922. Upon the motion of Councilmember Linden seconded by Councilmember Lewis, and carried unanimously, Proposed Ordinance No. 4922 was tabled. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmember Lewis, Worsham, Gillam, Linden, Henderson. Bowers and Brown. Voting No: None. I1 VI. CONSENT AGENDA Upon the motion of Councilmember Worsham, seconded by Councilmember Henderson, and carried unanimously the following Consent Agenda was adopted with the10276,exception10277ofltemand 10279.C and E and Proposed Resolutions No. 10230, 10269, 10273, Consideration And Approval Of A Request From The Port Arthur Fire Department For The Purchase Of Cascade Equipment Including 3ca 6,000 PSI D.O.T Cylinders. High Pressure Hoses, New Cascading Type Fill Panel, And Miscellaneous Parts And Installation For Snorkel I Located At #1 Fire Station, 1215 Woodworth In The Amount Of $7,827 Frmn Lone Star Air Compressor Co, Inc. Of Beaumont, Texas. Consideration And Approval Of Computer Hardware For Police Department Operations ~ro Include Servers, Desktop Computers, Printers, And Operating System Software From DSI Consulting, 1304 Walnut Hill Lane, Suite 220, Irving, Texas In The Amount Of $174,340. Consideration And Approval Of Payment In The Amount Of $20,240.66 For Emergency Repairs To A 1992 Caterpillar D.7H Dozer. F. 2~P~gtLO~I~l~ Aceoun~: Mayor Pro Tem Rose Mitchell Chaisson: Use Of Personal Auto For City Business, May 5-31, 1998 Communications, May, 1998 $ 81.25 $ 14.10 Councilmember Tom Gillam, IH.: Use Of Personal Auto For City Business, May, 1998 $ 83.20 I~- nseni (3) P..R. No. 10271 - A Resolution Authorizing The Economic Development Corporation to expend $13,612 To Arceneaux And Gates Consulting Engineers, Inc., For Land Su~-vey And Water Delineation Studies On Pleasure Island In Conjunction With Maritime Metals. Proposed Resolution No. 10271 became Resolution No. 98-147. (s) P. R. No. 10274 - A Resolution Authorizing The City Manager To Renew Insurance Contracts With The Texas Municipal League For Windstorm Insurance In The Amount Of $95,831. 12 Proposed Resolution No. 10274 became Resolution No. 98-148. P.R. No. 1027~ - A Resolution Authorizing The Mayor To Execute An Encroachment Agreement Between The City Of Port Arthur And Dana Lewis Pertaining To A Certain 30 Foot Wide Utility Easement Across Lot 7~ Block 22, Port Arthur Heights Addition, City Of Port Arthur, Located At 649 West 18th Street. Proposed Resolution No. 10275 became Resolution No, 98-149. (I0) P.R. No. 10281 - A Resolution Awarding A Contract To Nehemiah Construction, Inc. In The Amount Of $49,438, And Authorizing The Execution Of The Contract For The Demoliiion Of Twenty-Six Dangerous Residential Structures, To Be Charged To Account #105-1431-$52-$9.00. Project No. C23120. Proposed Resolut/on No. 10281 became Resolution No. 98-150. (11) P.IL No. 10282 - A Resolution A~varding A Contract to C & C Demolition, Inc. In The Amount Of $13,200, And Authorizing The Execution Of The Contract For The Demolition Of Six Structures, To Be Charged To Account #105-1431-552-59.00. Project No. C23120. Proposed Resolution No. 10282 became Resolution No. 98-I51. VII. ITEMS REQUIRING INDIVIDUAL ACTION C. Consideration And Approval Of The Purchase Of Playground Equipment To Complete Phase I Of The Park Improvement Plan And Provide Yearly Equipment Needs For The Parks To May Recreational Equipment Company, All American Playworld, Inc. And Thompson Recreation Products, Inc. To Be Used In Various Parks In The City Of Port Arthur In The Amount Of $71,103. The motion was made by Councilmember Worsham and seconded by Councilmember Linden that the above-mentioned item be adopted. Assistant Public Worlcs Director Taylor Shelton appeared before the City Council to discuss details of the Improvement Plan and Recreational Equipmem. The City Manager gave an overview of the Parks Improvement Plan with additional funding provided by the Community Development Block Grants program. The above motion to adopt Item C carried unanimously. 13 E- Consideration And Approval Of A Public Hearing To Be Held On July 14, 1998 And Authorization For The Chief Of Police To IssUe A Wrecker Permit To Ron's Towing & Recovery. Upon the motion of Councilmembcr Wot}ham, seconded by Councilmembcr Linden, and carried unanimously the above-mentioned item was adopted. Reaolll/J. an~- Collsent 0) P. R. No. 10230 -A Resolution Awarding The Contract For Installation Of PIaysystems In The Amount Of $213,557 At Various Parks Within The City Of Port Arthur To Thompson Recreation Products, Inc. Funds Are Available In The FY 1998 Capital hnprovements Budget For Parks, CIP809, And In The 24th Year CDBG Program. Mayor Ortiz introduced the above-mentioned Resolution. Upon the motion of Councihnember Gillam, seconded by Councilmember Linden, and carried, Proposed Resolution No. 10230 was adopted, becoming Resolution No. 98-152. Voting Yes: Mayor Ortiz; Mayor Pro 'Tern Chaisson; Cotmcilmembers Lewis, Worsham, Henderson, Cdllam, Linden, Bowers and Brown. Voting No: None. Thc caption of Resolufion No. 98-152 reads as follows: RESOLUTION NO. 98-152 A RESOLUTION AWARDING THE CONTRACT FOR INSTALLATION OF PLAYSYSTEMS IN THE AMOUNT $213,557 AT VARIOUS PARKS WITHIN THE CITY OF PORT ARTHUR TO ~THOMPSON RECREATION PRODUCTS, INC. FUNDS ARE AVAILABLE IN THE FY I998 CAPITAL IMPROVEMENTS BUDGET FOR PARICS. CIPS09, AND IN THE 24TH YEAR CDBG PROGRAM. (2) P. R. No. 10269 - A Resolution Authorizing The Port Arthur Economic Development Corporation To Pay For The Construction Of Approximately 300 Feet Of Street Located On Louisiana Street (Off Hwy. 365) In An Amount Up To $8,000 To Allow Access And Egress For Taylor Metal Works, Inc. 14 Mayor Ortiz introduced the above-mentioned Resolution. The motion was made by Cout~cilmember Bowers and seconded by Mayor Pro Tem Chaisson that Proposed Resolution No. 10269 be adopted. Director of Economic Development Corporation Dave Foster appeared before the City Council to explain the supporting legalities involved in executing the above- mentioned resolution. Director Foster also stated that the 300' section of the road in question has been platted as Louismna Street. Councilmember Linden requested that the City Secretary listen to the tape of the meeting and record tlm following portton of Director Foster's statement regarding the impact over the last year: Mr. Foster: "I can tell you as far as 4A funds, its an eligible cost. He can't do it but that does not set a precedence for businesses that are not industrial or anybody else, this is the 4A funds carefully delineated under the law to be oriented towards industrial jobs. If we don't focus it and keep the focus the Council has set on that matter we dilute this down and don't have any impact like we have experienced over the last year--we want [o keep that going. But this particular project meets the guidelines of the 4A funds and if it works out to the betterment of the City, well of course that's a good thing. Other ~ndividuals, retail, wholesale, door-to-door, whoever comes forward and says I have a business need had better be producing a product It has to be ~n the standard industriaI classification manual as an industry-- that's our limitation nnder the law. This particular project fits that guideline but il doesn't set precedence for other homeowners or businesses, only for industrial. It does set a precedence for industrial. If another industry locates in that area of 365 and has access and egress needs as part cfa growth package that promises jobs then we would be there to help support the creation of those jobs. So, I guess what I am suggesting is that we have a very close focus, whereas the City has a broad based focus of answering everybody's needs." (Later) Councihnember Linden: "I thought it was interesting that you said that we've had no ~mpact also over the past year." Mr. Foster: "I didn~-t say that. If you heard that I certainly didn't mean to imply it-- we've had a lot of impact over the last year." Director of Public Works appeared before the City Council. and stated that his department would need a definite answer concerning approval of this resolution to begin any kind ofproductiv, ity on the street other than ordering anticipated materials and so forth. The motion was made by Counc~Imember Linden and seconded by Councilmember Bowers, and carried, that Proposed Resolution No. 10269 be amended to add a standard contract and the following language 'Whereas the City of Port Arthur will require that Taylor Metal Works provide eight new net job creations within a two year period of time from the completion of tbis street project and that the money ~s disbursed by the EDC to Mr. Taylor and then Mr. Taylor pays the City for the work.' 15 Mayor Pro Tern Chaisson re-"' ,tug,tea mat me city Manager provide financial progress reports and copies of the invoices for mater/als, employee wages and other expenses for the Council to insure that th/s project stays under $8,000.00. Also a final report of total expenditures at the end of the project. The above-mentioned amendment carr/ed over the dissenting vote of Mayor Pro Tern Chaisson. Proposed Resolution No. 10269 was adopted as an~ende~, becoming Resolution No. 98-153. Voting Yes: Mayor Ortiz; Councilmembers Lewis, Worsham, Gillam, Linden, Henderson, Bowers and Brown. Voting No: Mayor Pro Tern Chaisson. The caption 0fResolution No. 98-153 reads as follows: RESOLUTION NO. 98-153 A RESOLUTION AUTHORIZING TIlE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION TO PAY FOR THE CONSTRUCTION OF APPROXIMATELY 300 FEET OF STREET LOCATED ON LOUISIANA STREET (OFF HWY. 365) IN AN AMOUNT UP TO $8,000 TO ALLOW ACCESS AND EGRESS FOR TAYLOR METAL WORKS, INC. (4) P. R..No. 10273 - A Resolution Streamlining The Appointment Procedure For Boards, Commissions, And Committees. The Mayor introduced the above-mentioned Resolution. The raotion waft made ~y Councilmember Worsham and seconded by Councilmember Bowers that Proposed Resolution No. 10273 b6 adopted. Councilmember Lewis introduced his appointee to the Pleasure Island Commission Mr. Win Richard. Mr. Win Richard, 1400 West Fifth Street, appeared before the City Council to express his interest in the City of Port Arthur and it's growth, in particular on the Island, and' his dedication to the appointment he has been given. The motion was made by Councilmember Henderson and seconded by Councilmember Gillam that Proposed Resolution No. 10273 be mnended to add the following language to Section 3: The City Secretary shall keep and maintain a list of Council appointments and Mayoral appointments, notify the Mayor and City Council 16 of the need by either the Mayor or the City Council to make new appointments and the method to make appointments and process through the oaths of office and the other necessary documentation. Carl Allen Parker, 2709 Glacier, appeared before the City Council to clarify his experience after being appointed to the Pleasm'e Island Commission by then Councihnember Ortiz. Upon the motion of Councilmember Bowers, seconded by Councilmember Brown, and earned, Proposed Resolution No. 10273 was tabled. A. Resolution&z Non~2x}llsent (1) P. R. No. 10113 - A Resolution Authorizing The Execution Of An Economic Incentive Contract For $50,000 Between The Port Arthur Economic Development C6rporation And Abraham MFG., Inc. Mayor Ortiz introduced the above-mentioned Resolution. The motion was made by Councilmember Lewis and seconded by Councilmember Gillam that Proposed Resolution No. 10113 be adopted. Councilmember Linden stated ['or the record, "I'm going to support Proposed Resolution, wholeheartedly support Proposed Resolutmn No. I0113 and would add this comment. The only problem I see with it is that it is $100.000 short and eighteen months entirely too late." The Council as a whole commended Mr. Richards for his accomplishments with the old Sears building. Proposed Resolution No. 101 ! 3 was adopted, becoming Resolution No. 98~154. Voting Yes: Mayor Ortiz; Mayor Pro Tem Chaissun; Councilmembers Lewis, Worsham, Gillam, Linden, Henderson, Bowers and Brown. Voting No: None. The caption of Resolution No. 98-154 reads as follows: RESOLUTION NO. 98-154 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ECONOMIC INCENTIVE CONTRACT FOR $50,000 BETWEEN THE PORT ARTI[IUR ECONOMIC DEVELOPMENT CORPORATION AND ABRAHAM MFG., INC. 17 The City Council recessed their meeting at 12:00 P.M. and reconvened at 1:40 P.M. with the following members present: Mayor Ortlz; Councilmembers Lewis, Worsham, Henderson, Bowers and Brown; City Manager Fitzgibbons; City Secretary Dixon and City Attorney Sokolow. VII. ITEMS REQUIRING INDIV/DUAL ACTION (7) P.R. No. 10276 - A Resolution Authorizing The Mayor To Execute An Encroachment Agreement Between The City Of Port Arthur And Paul Eaglin Pertaining To A Certain 30 Foot Wide Utility Easement Across Lot 7, Block 23, Port Arthur Heights Addition, City Of Port Arthur, Located At 749 West 18th Street. Mayor Ortiz introduced the above-mentioned Resolution. Mayor Pro Tern Chaisson returned to the meeting. Upon the motion of Councilmember Bowers, seconded by Councilmember Henderson, and carried, Proposed Resolution No. 10276 was adopted, becoming Resolution No. 98-155. Voting Yes: Mayor Ortiz; Mayor Pro Tern. Chaisson; Councilmembers Lewis, Worsham, Henderson, Bowers and Brown. Voting No: None. The caption of Resolunon No. 98-155 reads as follows: RESOLUTION NO. 98-155 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT BETWEEN THE CITY OF PORT vARTHUR AND PAUL EAGLIN PERTAINING TO A CERTAIN 30 FOOT WIDE U~FILITY EASEMENT ACROSS LOT 7, ~BLOCK 23, PORT ARTHUR HEIGHT~ ADDITION, CITY OF PORT ARTH.Ui~, LOCATED AT 749 WEST 18TH STREET. (8) P. R. No. 10277 - A Resolution Assigning To The Jefferson County Housing Finance Corporation The Authority Of The City, Acting T.hrough The Port Arthur Housing Finance Corporation, To Issue Qualified Mortgage Bonds In Calendar Years 1998 And 1999; Approving The Making Of Home Mortgage 18 Loans Within .The City From The Proceeds Of Bonds Issued By The Jefferson County Housing.Finance Corporation During Such Calendar Year; And Repealing Prio? Resolutions Or Orders In Conflict Herewith. Mayor Ortiz introduced the above-mentioned Resolution. Councilmember Gillam returned to the meeting. Upon the motion of Coundilmember Bowers, seconded by Councilmember Henderson, and carded, that Proposed Resolution.No. 10277 was adopted, becoming Resolution No. 98-156. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Gillam, Henderson, Bowers and Brown.. Voting No: None. The caption of Resolution No. 98-156 reads as follows: RESOLUTION NO. 98-156 A RESOLUTION ASSIGNING TO THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION THE AUTHORITY OF THE CITY, ACTING THROUGH THE PORT ARTHUR HOUSING FINANCE CORPORATION, TO ISSUE QUALIFIED MORTGAGE BONDS IN CALENDAR YEARS 1998 AND 1999; APPROVING THE MAKING OF HOME MORTGAGE LOANS WITHIN THE CITY FROM THE PROCEEDS OF BONDS ISSUED BY THE JEFFERSON COUNTY HOUSING FINANCE CORPORATION DURING *SUCH CALENDAR YEAR; AND REPEALING PRIOR RESOLUTIONS OR ORDERS IN CONFLICT HEREWITH. (9) P.R. No. 10279 - A Resolution authorizing The Mayor And City Manager To Sign Two Replats Of Reserve "F", Replat Of Marina Colony Subdivision, A Subdivision On Pleasure Island, On Behalf Of The City Of Port Arthur. Mayor Ortiz introduced the above-mentioned Resolution. 19 Councilmember Worsham stated that he has filed a Conflict of Interest Statement with the City Secretary and recused himself from the meeting during the discussion and action on this matter. Joyce Green, 918 South Wind, appeared before the City Council and presented a letter signed by the property owners of Marina Colony opposing the above-mentioned Resolution. The motion was made by Councilmember Henderson as~d seconded by Councilmember Gillam that Proposed Resolution No. 10279 be removed from the agenda and referred to the Pleasure Island Commission for consideranon and discussion with the property owners in Marina Colony. The motion carried. A. Consideration Of Establishing A Committee To Review A Proposed Ambulance Franchise. (Requested By Councilmember Lewis) Mayor Ortiz introduced the above-mentioned irene. The motion was made by Councilmember Lewis and seconded by Councilmember Gillam that Item A be adopted and that a committee consisting of Mayor Ortiz, Councilmember Lew~s, Councilmember Gillam, the City Manager, Chief of Police, Fire Chief and the City Attorney be named lo review the proposed franchise. The City Attorney suggested that the Committee meet on July 7, 1998 at 1:30 P.M. n the 5 floor Conference Room with invitanons exteuded to World Metro, Goldstar and AMR to attend with documems requested by the City Attorney. The above-mentioned motion to adopt Item A carried unan~rnoosly with the first meeting of the review committee scheduled for July 7, 1998. B. Resolutions (2) P.R. No. 10232 - A Resolution Authorizing The Expenditure Of Up To $1,300,000 By The Economic Development Corporation To Develop Phase I Of The Port Arthur Business Park. ¥ Mayor Ortiz introduced the above-mentioned Resolution The motion was made by Councilmember Bowers and seconded by Councilmember Brown to adopt Proposed Resolution No. 10232. Economic Development Corporation Director Dave Foster appeared before the City Council to give an overview and discuss Phase I of the Port Arthur Business Park to be located on Hig~away 365. Mr. Foster stated that the proposed site was determined by the needs of four prospective business clients and that the estimated cost of the tlu-ee phases of the project would be in the range of 2.1 million dollars. Discussion was held regarding the proposed business park. 20 Director of Planning Dale Watson appeared before the City Council and presented an overview of the proposed site locations in perspective to the MUD district. Deputy Economic Development Corporation Coordinator Ike Mills appeared before the City Council and explained the grani process. Mayor Pro Tern Chaisson stated the following for the record: rememaer something some thirty something years ago when I was a young girl and they proposed to build a new bridge to Pleasure Island. They bad many meetings. They explained to the citizens on the west side of towu that they were going to purchase their homes to build this bridge. There was a school there; the bridge was not going to interfere with the children going to school. Their homes would be purchased and they would be relocated. This brings to mind this Industrial Park that we say we can't do, the one On flue west side, for ten years. They built the bridge on the west side of Port Arthur amidst people's beautiful homes. TiDe school closed. They !ost a neighborhood school where kids could just walk to school; and. then they said, oops, we made a mistake'; and this brings to mind to me what the industrial park is doing to the west end of Port Arthur. I'm not going to support it. I m sure I .... it hurt~ me to see that this Industrial Park has come n~ within m m the minority; and a month; and as I said in the last meeting I nrissed one meeting of the EDC Board before I was elected to the Council mud I knew n'othing about the Industrial Park. And I can not support it in all good conscience as in good faith. It may be a good idea, but I can assure you once this park is built the west side of town will be forgotten just like the bridge was built on the west side and we said 'oops, we made a mistake'. People have to live under a bridge that they should not be lived under. Now people don't want to go to the west side to go to Pleasure Island. They want a bridge downtown, but we have messed up a residential area and that's just an analogy I m making and ~t s just a statement for the records. That we need to be mindful on what we do for the city of Port Arthur. The future ramification on onr cbildren; and. I guess some of us really don't care. Ail we Iook at is glorification for self. I just have a problem with it, add I may not be expressing myself clearly cause I really have a bad migraine headache; and Mr. Foster, I'm sorry. I grew up here and I know how [he wheels turn and I Imow when people get in their minds they want to do something m one part of town and they're going to do it. They forget about the rest of the town and as I said before we're supposed to work as a team, we're supposed to be a unit and I don't see it, ' and I just wanted to make that comment because it brought back to me hl>w hey dm'the Mart~n Luther King bridge and built it over people's homes and said 'oops, we made a mistake'; and that's the way I feel that the Industrial Park we will bnild the Industrial Park on 365 and oops, we Can't get the Brownfields Grant, oops, w ' e can t clean up. There's not enough money in the super fund. Oops, something else: has come up, and I lmow that I may be wrong but in my heart I don't think I am." Bob Darling, 4600 Lakeshore Drive, appeared before the City Council to inform them that the Highway 365 area has sunk three feet between 1959 and 1977. He cited that Tract I of the proposed business park is in one of the ~riticaI areas and suggested that the United Stated Geological Survey Group be asked to make another study of what has happened since 1977. 21 The motion was made by Councilmember Bowers and seconded by Councilmember Lewis that Proposed Resolution No. 10232 be amended to authorize the EDC to do a feasibility study for the proposed Hwy. 365 site ar a cost not to exceed $25,000.00 and that the EDC escrow an amount of $250,000.00 for the West Side area Industrial Park. The motion was made by Councilmember Linden and seconded by Councilmember Gillam that Proposed Resolution No. 10232 be tabled. The following roll call vote was taken on the motion to table Proposed Resolution No. 10232. Councilmember Bowers "Yes" Councilmember Brown "No" Mayor Pro Tern Chaisson "Yes" Comacilmember Gillam "Yes" Councilmember Henderson "Yes" Counmlmember Lewis "No" Cotmcilmember Linden "Yes" Councilmember Worsham "Yes" Mayor Ortiz "Yes" The motion to table Proposed Resolution No. 10232 carried. (3) P.R. No. 10260 - A Resolution Appointing An Advisory Director To The Economic Development Corporation. Mayor Ortiz introduced the above-mentioned Resolution. Upon the motion of Councilmember Bowers, seconded by Councilmember Linden, and carried unanimously,Proposed Resolution No. 10260 was removed from the Agenda. O) P. O. No. 4924 - An Ordinance Amending Subsection (d) (City Charter And Other RequirementsJ Of Section 23-5 (,'Conditions For Issuance Of Ambulance Permi0 And Adding Subsection (c) And (d) To Section 23-9 (Transport Of Injured Or I11 Person) Of Article 1 (Ambulances) Of Chapter 23 (Vehicles For Hire) Of The Code Of Ordinances Of The City Of Port Arthur, Texas, For Publication, A Maximum Fine Of $500, And An Effective Date. The City Manager introduced the above-mentioned Ordinance. The motion was made by Councilmember Henderson and seconded by Councilmember Gillam that Proposed Ordinance No. 4924 be adopted. 22 The City Attorney suggested that this Ordinance be tabled until after the Ambulance Committee meets on franchising. The motion was made by Councilmember Lewis and seconded by Councilmember Henderson that Proposed Ordinance No. 4924 be tabled. The following roll call vote wa~ taken on the motion to table Proposed Ordinance No. 4924: Councilmember Bowers "Yes" Councilmember Brown "Yes" Mayor Pro Tem Chaisson "Yes" Councilmember Gillam "Yes" Councilmembcr Henderson "Yes" Councilmember Lewis "Yes" Councilmember Linden "No" Councilmember Worsham "Yes" Mayor Ortiz "Yes" The motion m table Proposed Ordinance No. 4924 earned. (2) P.O. No. 4930 - An Ordinance Increasing The Number Of Police Officer Positions By Two. The City Manager introduced the above-mentioned Ordinance. The motion was made by Councilmember Bowem and seconded by Councilmember Gillam that Proposed Ordinance No. 4930 be adopted. Deputy .Chief Tyler appeared before the City Council and stated that this ts a supplement for a three-year grant. Proposed Ordinance No. 4930 was adopted, becoming Ordinance No. 98-43. Voting Yes: Mayor Ortiz; Mayor Pro Tern Chaisson; Councilmembers Lewis, Worsham, Gillam, Linden, Henderson, Bowers and Brown. Voting'No: None. *- The caption of Ordinance No. 98-43 reads as follows: ORDINANCE NO. 98-43 AN ORDINANCE INCREASING THE NUMBER OF POLICE OFFICER POSITIONS BY TWO. (3) P. O. No. 4931 - An Ordinance Authorizing The Mayor Of The City Of Port Arthur To Execute A Construction And Maintenance Agreement With The Texas Department Of Transportation For The Widening And 23 Improvement Of 9th Avenue From State Highway 73 To Lake Arthur Drive In The City Of Port Arthur, Jefferson County, Texas. City Funds Available In Account No. 301-1601-59!.86-00, CIp 801. The City Manager introduced the above-mentioned Proposed Ordinance No. 4931. The motion was made b33 Co~ncilmember Bowers and seconded by Councilrnember Brown that Proposed Ordinance No. 4931 be adopted and that a letter be executed by the Mayor and City Manager incorporating the turnarounds at Highway 73 and Ninth Avenue into this project. Director of Public Works Leslie McMahen appeared before the City Council to discuss the funding for the pr,oposed project. Counci]member Bowers stated the following for the record: e ~egmnaI Planning Commission and the State Transportation, they've got the schedules wrong on this. T ' - hey ve got the most Important project left out and I want to go on record saying that." Councilmember Lewis left the meeting. Proposed Ordinance No. 4931 was adopted, becoming Ordinance No. 9844. Voting Yes: Mayor Ortiz; Mayor Pro.Tem Chaisson; Councilmember Worsham, Gillam, Linden, Henderson, Bowers and Brown. Voting No: None. The caption of Ordinance No. 98-44 reads as follows: ORDINANCE NO. 98~44 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PORT ARTHUR TO EXECUTE A ~CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR TIlE WIDENING AND IMPROVEMENT OF 9TM AVENUE EROM~STATE HIGHWAY 73 TO LAKE ARTHUR DRIVE IN THE CITY OF PORT ARTHUR, JEFFERSON COUNTY, TEXAS. CITY FUNDS AVAILABLE IN ACCOUNT NO. 301-!601-591.86.00, CIP 801. (4) P.O. No. 4932 - An Ordinance Declaring That The Public Necessity And Convenience Requires The 24 Operation Of Au Ambulance Business In The City Of Port Arthur; And Providiug For A Permit To Be' Granted To Rural/Mc~tro, Inc. The City Manager introduced the above-mentioned Ordinance. ' Upon the motion of Councilmember Worsham, seconded by Councilmember Gillam, and carried unanimously, Proposed Ordinance No. 4932 was tabled. (5) P.O. No. 4934 - An Ordinance Declaring That The Public Necessity And Convenience Requires The Operation Of An Ambulance Business In The City Of Port Arthur; And Providing for a Permit To Be Granted To Goldstar Emergency Medical Services, Inc. (Requested By Councilmember Gillam) The City Manager introduced the above-mentioned Ordinance. Upon the motion ofCouncilmember Wo~sham, seconded by Councihnember Bowers, and carried unanimously, Proposed Ordinance No. 4934 was tabled. C, *ReportsAad~ COnlm en dations (1) Report On CityLetterbead Selection. The City Manager presented the above-mentioned report and requested input from · the City Council within the next two weeks. (2) Monthly Financial Report For May, 1998. Director of Finance Rebecca Underhill appeared before the City Council and presented the above-mentioned report. (3) Report Of Current Status Of The Relocation Of The Triangle Soup Kitchen. pearlanna Carton,' 2305 Robinhood Drive, appeared before the City Council and presented the abov~'-mentioned report regarding the relocation of the Triangle Soup Kitchen from the I000 block to the 800 block of Houston Avenue and the progress of the repairs to the Soup Kitchen. Deputy Fire ChiefSteven Curran appeared before the City Council and explained the commercial fire alarm detection system required for the reopening of the Soup Kitchen. Director of Planning Dale Watson appeared before the City Council and stated that funds in an estimated amount of $30,000.00 are available through the CDBG Reprogram which couid be designated for the Soup Kitchen. Upon the motion of Councilniember Linden, seconded by Councilmember Gillam, and carried, the above-mentioned report was received as a matter of record and 25 referred to the City Manager with instructions that he come back at the next Council meeting with consideration of funding 'fi-om the CDBG fund to cover the expense of the NFPA 72 Fire Protective Signaling System at the Soup Kitchen and the issuance of a temporary certificate of occupancy. (4) Report On Water Consumption The City Manager Steve Fitzgibbons and the Director of Utility Operations Dan Shepherd presented the above mentioned report. (5) Report On National Coastal Summit By Councilmember Worsham Councilmember Worsham presented the above-mentioned report. VIII. REPORTS OF BOARDS & COMMITTEES None IX. *CLOSED MEETING (EXECUTIVE SESSION) (1) . (2) Section 551.071 Government Code - Discussion Of The Value Of Entergy Building At 9th Avenue For The Possible Acquisition By The City. Section 551.071 Government Code - Discussion With The City Attorney On Procedures To Avoid Litigation Over The City's Electoral Process. (3) (4) Section 551.071 Government Code - Discussion With The City Attorney And With Attorney Carl Parker On Procedures To Avoid Litigation Over Annexations. Section 551.071 Government Code ~ Discussion With The City Attorney Regarding Possible Litigation Involving Melba Provost. (Requested By Coun~:ilmember Linden) The City Council recessed their meeting at 5:00 P.M to meet in Executive §ess~on to consider the above-mentioned items. The City Council reconvenqd their meeting at 6:37 P.M. with the following members present: Mayor Ortiz; Mayor Pro Tem Cbaisson; Councilmembers Worsham, Henderson, Linden, Bowers and Brown. 26 VII. ITEMS REQUIRING INDIVIDUAL ACTION - (CONTINUED) (4) P.R. No. 10262 - A Resolution Pertaining To The City's Electoral Process. Mayor Ortiz introduced the above-mentioned Resolution. Upon the motion of Councilmember Linden, seconded by Councilmember Bowers, and carried unanimously, Proposed Resolution No. 10262 was remo'ved from the Agenda and the City Secretary instructed to present an outline of the electoral process currently in place at the next City Council meeting. X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS Councilmember Gillam m~d Conncilmember Lewis returned to the meeting. Mayor Pro Tern Chaisson: (I) Report from EDC Director regarding 500 - 600 jobs created through new businesses. Councilmember Henderson: (l) Report regarding City's relationship with the City's Beautification Committee. Councilmember Bowers: (1) City Council Selection Procedures For The Economic Development Corporation Directors/Advisory Directors to be placed on the next day City Council meeting. XI. ADJOURNMENT OF MEETING Upon thc motion of Councilmember Linden, seconded by Councilmember Henderson, and carried unanimously, the City Council adjourned their meeting at 6:40 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. ATTEST: MAYOR CITY SECRETARY END OF REGULAR MEETING HELD JUNE 30, 1998. AppROVED: 27 oSCAR G. ORTIZ, MAYOR WiLLiE LEWIS JR,. MAYOR PRO-TEM COUNC L MEMBERS: ~ELiX A. BARKER -NOMAS J, HENOERSON TOM GILLAM, III ~ RONNIE LINDEN BOB BOWERS ROSE MITCHELL CHAISSON ROBERT E. ALLEN Cit~ of STEPHEN FITZGIBBONS CiTY MANAGER CAROLYN DIXON C TY SECRETARY MARK T, SOKOLOW CITY ATTORNEY AGENDA JOINT SPECIAL MEETING CITY COUNCIL AND PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION January 30, 2001 6:00 P.M. BOX 1089 , =0RT ARTHUR, TET, AS 77641-1089 · 409/983-8115 · FAX 409/083-8128 JOI hit SPECIAL MEETING CITY cOUNCIL AND PORT ARTHUR SECTION 4A ECONC MIC DEVELOPMENT CORPORATION City Hall Council Chamber City Of Port Arthur January 30, 2001 6:00 PM I1. ROLL CALL. INVOCATION & PLEDGE CITY COUNCIL: Mayor Ortiz Mayor Pro Tern Lewis Councilmember Barker Councilmember Henderson Councilmember Giliam Councilmember Linden Councilmember Bowers Counciimember Chaisson Councilmember Allen EDC DIRECTORS: Chairman R.L EIdriage John Beard, Jr. Rondo Hawkins Malcolm Clark Larry Eaves Paula Richardson Bill Fours Pat Branson ITEMS TO BE DISCUSSED (1) Status Of The Proposed Business Park And Related Issues (2) Participation In The Development Of The West Side III. ADJOURNMENT OF MEETING RULES O~F DECORUI~! - PERSONS AE)DRESSlb~G COUhICIL & AUIDIEhtCE NIENIEERS GRANTED BY MAJORIT'f VOTE OF' THE COUblCIL, SHALL L~MIT HIS ~S~'/AP. KS TO FIVE (5) RULES OF PROCEDURE THE City ~ECR~TARY SHALL MAKE PUBLIC, IN ACCORD2NcE WITH tHE TEXAS OPSN ~IEETINGS LAW, AN AGENDA CONTAINING ALL BUSINESS TO BE DI--~CUSSED AT A NIEETING OF THE CITY COUNC!L. ANY SPECIF!C AGENDA ITE~,~ ~N[~ BEFORE ~ ¥OTE IS tAKEN, THE [=P.E_~IE)ING OFFICER SHALL ~ECOGNI2S ANY PE~--~ON IN T~-iE AUDIENCE ~VI~i-~ING TO A[~)RE-=~ tHE COUNCIL ON SUCH ItE~I, WHO SHALL EE PERMITTED TO ADDRESS THE COU~ICIL THE.~S©N FOR A ~ERIC)D OF T~E~ (3} MINUTE-=' "--~PECiFIC ~GE~IDA ITENIS" ARE DEFINED AS ANY iTEM SFECIFiE~) ON THE {NOTiES OF N~ESTiNG PO~TED FOR PURPOSE~ OF THE TEXAS O~EhI MEETINGS LAW AND ~VHICH BECC)NIES THE SUBJECT OF A MOTI©N SEF©~E THE COUNCIL. Joint Meeting of PA City Council and EDC Board Jan. 30, 2001 Councilman Tom Gillam expressed his believe that development of the EDC Business Park on West Port Arthur Road should not replace plans for future development of an Industrial Park adjacent to Houston Avenue to benefit unemployed residents of the West Side. He also stressed that the $500,000 set aside at that time for future West Side projects must not be used to bridge cash-flow gaps that may arise during development of the Business Park on WPA. He stated that he hoped the DC would increase the $500,000 amount escrowed for West Side development. Bill Diamond said that they conducted an analysis of the cash-flow needs for the Business Park and the project would not need to access the funds set aside for West Side Development. City Manager Steve Fitzgibbons explained the basic plan for West Side development: 1) a commercial corridor along West Seventh Street, including possibly a grocery store; 2) A small residential development with a cul-de-sac; 3) I/not new Industrial tenants to replace Port Iron and/or occupy the Port Drum property, at least some major screening with privacy fences and landscaping to improve the appearance. Fitzgibbons also said, "We are to the position now where we're starting to make some large dollar expenditures. And this had always been a cost-sharing at least a discussion effort and wanted to at least with a lot of new people on the EDC board ... Let you know that we are progressing on West Seventk We're purchasing quite a bk of property. And that, at least on some of the past discussions and what that West End reserve was for, I wanted to talk about continuing the partnership because at least in prior discussions there was the believe that there would be some cost shai'ing along West Seventh as we obtained property and tried to get it ready for commercial development. And that was one of the issues that wanted to bring up tonight if there was any ... particularly for fhe new members that had not, did not go on the bus tour and not be involved in some of the discussion that we had on the acquisition and development of that property." Mayor Ortiz asked if the current Biz Park plans included the EDC constructing a spec building? Bill Diamond said [I can barely hear him and don't understand] We're not anticipating fight now that we're going to have to infuse a $100,000 spec building with a significant cash infusion up front. We think we can leverage the building with a developer. Mayor: I guess what we're concerned with is that we have so much of this money dedicated, of course you only have so much money in there now -- $6.7 million. And as the City Manager mentioned, we're getting ready to do some other things in the city such as widening Seventh Street, looking at that Coastal Building for Health Service. So we're going to be coming to the EDC looking for them to help us on some of these projects. And I hope that you've said something in there that allows that "we can do this much participation with the city. We can set aside this much - besides the $500,000 we've set up for the West Side. Councilwoman Rose Chaison: I'm not a supporter of the Business park. For some of the same reasons I'm listening to you tonight to deplete the fund when we have other projects that would be more viable. That's my opinion, in the city of Port Arthur. PA is on the move. And it's growing. And I'd hate for us to deplete the EDC fund chest, as you call it. And we have other companies that are ready to just come in and start up a business. We may have a building that is already that we can re-vamp and they can move in. I have never been the visionary for the Business Park. However, I am one of the first people to say that if I'm wrong and it takes off'and I don't have a problem in admitting that I'm wrong with any particular project. But I have to look at the whole city of PA and not spend $6 million in one 'wap' as the kids say. INTEROFFICE MEMORANDUM TO: STEPHEN FITZGIBBONS FROM: R]';BF, CCA UNDERI tILL SUBJECT: ~q~ST 7TM STREEf DATE: 09/20/04 Attached are spreadsheets identif34ng expenses related to Project CIP909. Total properS' purchased on South side of 7~ Street to the Matthew Center - $259,534.93 Total demohfion/asbestos expense on South side of 7~ to Matthew Ctr- 30,487.50 Total demohfion/asbestos u(mg CDBG funds on South side of 7* - 44,334.25 Total closing costs, appraisal fees, taxes on South side of 7~' to Matthew Ctr- 85.404.51 Total $419.761.19 Lawrence Baker estimates the cost to demolish Comeaux's villi be $30,000. Mark Sokolow has been speaking to the Asberry family regarding the purchase of 5 lots adjacent to the south side of \Vest 7~h Street for approximately $25.000. The City has not proceeded with the purchase of the property, as no funds are available. o~o ~ o o~ o~ ~ coco oo~cn ~0 ~ o~ co .~ ~no ~ io b-, i:, ~ in to oin o -,4~ ~ ~ b~ ia ~ ~ ~ o ~r~o "-" O'1 O O O O O~ CO '-4 O C,O Oo O O ~O O) -~ CD CD O CO CO 0 O 0000 00000 0 O0 ~ °° ooooo o O0 00000 0 O0 CD ~oc:, ~ ,~z 0 CITY-OWNED PROPERTIES DEMOLISHED FOR WESTSIDE REDEVELOPMENT PROGRAM 2000 TO 2004 ASBESTOS ABATEMENT ADDRESS & DESCRIPTION DEMOLITION AND/OR TOTAL NOTIFICATION COST FEES 410412 W. 7~ Street (Residence) $2,000.00 ...... *$2,000.00 440 W. 7~ Street (Commercial) $4,450.00 $1,343.00 ~ *$5,793.00 446 W. 7~ Street (Commercial) $2,600.00 $815.00 **$3,415.00 500 W. 7~ Street (Commercial) $2,380.00 $1,252.00 ~ *$3,632.00 516 W. 7~ Street (Commercial) $1,188.00 $308.00 *$1,496.00 524-526 W. 7~ Street (Commercial) $6,275.00 $1,458.00 ~ *$7,733.00 528 W. 7~ Street (Commercial) $4,425.00 $1,488.00 *$5,913.00 541 W. 7~b Street (commercial) $2,862.50 $1,300.50 **$4,163.00 604 W. 7~ Street (Commercial) $3,730.00, $1,303.00 ~ *$5,033.00 644 W. 7~ Street (Commercial) $10,600.00 $2,716.00 **$13,316.00 700 W. 7~ Street (Commercial/Rear) $15,800.00 $3,235.75 **$19,035.75 710-712 W. 7~ Street (Commercial/Rear) $6,700.00 $1,867.50 **$8,567.50 434 W. 8~ Street (Commerci~ $2,790.00 $530.00 **$3,320.00 748 Texas Avenue (Commercial) $9,984.00 $2,188.00 *~$12,172.00 TOTALS $75,784.50 $19,804.75 $95,589.25 ~ - Approximate cost for asbestos abatement per Consultant; has not been invoiced as of yet. * - Paid from 301-1601-591.54-00, CIP909 ($63,989.25) **- Paid from Community Services/Demolition CDBG Funds ($31,600.~) DTP 09/O4 $lemorandum City of ®ort Arthur, Texas ~inance ~epartment To: Steve Pitzgibbons, City :Manager °From: Rebecca Z;nderhil6 CPA, Director of Ginance ~Date: July 29, 2004 Re: Property Acquisition on the West Side TO date, the City has expended $690,554 for land acquisition and demolition.