HomeMy WebLinkAboutNovember 22, 2005 Regular REGULAR MEETING - November 22~ 2005
1'. ROLL CALL, 1'NVOCATt'ON & PLEDGE
The City Council of the City of Port Arthur met in Regular Session on Tuesday, November 22,
2005 at 5:33 p.m. in the City Council Chamber, City Hall, with the following members present:
Mayor Oscar G. Ortiz; Mayor Pro Tem Ronnie Thompson; Councilmembers Felix A. Barker,
Thomas .l. Henderson, Martin Flood, Deloris "Bobble" Prince and Michael "Shane" Sinegal;
Assistant City Manager Harvey Robinson; City Secretary Evangeline "Van" Green and City
Attorney Mark T. Sokolow.
Mayor Ortiz gave the invocation and followed with the pledge to the flag.
Councilmember Willie "Bae" Lewis, Jr. arrived at the meeting at 5:40 p.m.
tl'. PROCLAMAT1'ONS & M~NUTES
The Mayor presented the following proclamation:
November 24 27, 2005 as"A Time of Thanksgiving"
Hinutes- October 25, 2005 Regular Heeting
Upon the motion of Councilmember Flood, seconded by Mayor Pro Tern Thompson and carried
unanimously, the City Council approved the above-mentioned minutes.
November 8, 2005 Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council approved the above-mentioned minutes.
PETI~T1~ONS & COMMUN1~CATZONS
A. Presentations
None.
B. Soeakers
(1) Gerald Tervalon Regarding Taking Over Como Taxi Service
Mr. Gerald Tervalon, 3840 and 3849 Procter Street, appeared before the City Council to
discuss providing taxi services in the City of Port Arthur.
(3) Chi Tran Regarding 6-f-tonth Old tncorrect Water Bill - NOT PRESENT
(4) Stanley Ballou Regarding Animal Control
Mr. Stanley Ballou, 2505 Woodrow Drive, appeared before the City Council to speak on animal
control issues concerning stray cats.
(5) Yulander Hayfield Regarding PAZSD Bus Drivers
Ns. Yulander Mayfield, 2800 Eighteenth Street, appeared before the City Council concerning
transportation compensation during the Hurricane Rita evacuation.
PAISD Transportation Director (Coach) .lames Gamble appeared before the City Council to
respond to inquiries regarding the evacuation transportation compensation.
Councilmember Sinegal requested that the following dialogue be entered into the official
reco rd:
Councilmember $ineoal:
Coach Gamble, ! appreciate you coming tonight..lust to clarify for
the record, and this is something we have spoken about several
times. What were the school district employees told about
payment when they left the city? How many hours and what did
you relate to them from what you were told?
Hr. Gamble:
Well, I told the bus drivers that they would be paid $11.04 per
hour, 24 hours per day and they would be paid as they sleep. And
that they would also receive $25 per day for per diem.
Now, my only contact with the city before the evacuation came
from IVlr. Tom Kestranek. He called me. He was the one that gave
me the information. When he called me to inquire about the
number of drivers that I had already recruited, I told him. And
then I asked him how much the drivers would be paid per hour?
And he didn't know right off hand...but someone was near him and
he asked them and they told him $11.04 per hour, 24 hours even
as they sleep, $25 per diem. And then he also asked me not to
tell the drivers unless I had to. And those were his exact words.
And at that particular time, I did not have enough drivers. The
Superintendent had asked me to provide at least 29 buses and I
had right around 19 or 20 drivers. And so that was when I felt like
I needed to tell the drivers what the pay would be and how it
would be paid and all of that. And then some others signed up
after that.
So I talked...and I asked from the very beginning when the Council
was having the first meeting. I said, do I need to attend the
meeting? I was told that whatever decision the Council was going
to make, was going to be made in executive session and there was
no need for me to come. And then as the days have gone by, it
appeared to me that this is the main reason I am here tonight. Is
that, it appears that my integrity has been questioned. And 1~ told
those drivers that, because I was told that.
And I thank you for allowing me to come up here and state my
opinion.
Coun¢ilmember Sineoah
Let me say this, Coach Gamble, the first time ! spoke with you
about this ! never questioned your integrity. When you told me
that you were told 24 hours, ! relayed that to the Council. And !
told them that if anybody were going to call you a liar, it wouldn't
be me. ! know for a fact that it was said to you and ! have always
known you as a man of integrity and ! have no doubt you were told
that.
Mr. Gamble:
And ! have no reason to lie.
City Council Minutes - Regular Meeting - November 22, 2005 2
Councilmember Sineaal:
! know that and ! appreciate you. Thank You.
(2) Richard Bowden Regarding Animal Control Procedures
Mr. Richard Bowden, 1845 Savannah, appeared before the City Council to recount an animal
control incident involving his dog.
Community Services Director Lawrence Baker appeared before the City Council to refer
questions related to the incident to the Animal Control Supervisor.
Animal Control Supervisor Anthony Mitchell appeared before the City Council to report on the
incident.
Councilmember Flood and Councilmember Lewis requested that Community Services staff
extend apologies to Mr. Bowden for the loss of his animal.
C. Correspondence
(1) Letter Of Resignation From EDC Board Director Maria Block
City Secretary Green read the following into the official record:
November 15, 2005
Mr. Tom Henderson
Councilman, District 3
City of Port Arthur
Dear Councilman Henderson:
Thank you for appointing me to the Port Arthur Economic
Development Corporation Board of Directors.
Due to health constraints, it is with regret that ! submit my
resignation effective this date, Tuesday, November 15, 2005.
During my tenure on the EDC Board, ! sought to:
Secure business entities for our community so that each
citizen might be able to earn a living to support their family.
· Bring a sense of professionalism to the organization based
on my past business expertise and experiences.
· Investigate, suggest and establish justification for each
taxpayer's dollar invested in our city, amid threats,
harassment, accusations, and insults to support certain
projects and actions.
· Demonstrate integrity, honesty, tolerance and compassion in
dealing with all people.
I wish you continued success in your future endeavors on behalf of
the City of Port Arthur.
Sincerely,
/s/Maria Block
Maria Block
City Council Minutes - Regular Meeting - November 22, 2005 3
Cc: The Honorable Oscar Ortiz, Mayor
City Secretary
Mr. Guy Goodson, EDC Attorney
(2) Certificate Re-Appointing Ronnie Linden To The Port Arthur
Housing Authority
City Secretary Green read the following into the official record:
CERTIFICATE OF APPO:tNTMENT
Pursuant to the provisions of Section 392.031 of the
Local Government Code of Vernon's Annotated Civil
Statues, I, Oscar G. Ortiz, Mayor of Port Arthur,
Texas, do hereby certify that on the 22nd day of
November 2005, that 1[ have re-appointed Ronnie
Linden as a Commissioner of the Housing Authority of
Port Arthur, Texas. Said term will expire on the 27th
day of September 2007.
/s/Oscar G. Ortiz, Mayor
City of Port Arthur, Texas
V. UNFZNZSHED BUS[NESS - None.
Mayor Pro Tem Thompson, Councilmember Barker and Councilmember Flood left the City
Council meeting.
Vt. CONSENT AGENDA
Upon the motion of Councilmember Henderson, seconded by Councilmember Prince and
unanimously carried, the following Consent Agenda items were adopted with the exception of
Proposed Resolutions No. 13348:
A. Consideration And ApproYal Of The Following [n¥oices For
Hurricane Rita Emergency Purchases: Cotton Companies Totaling
$378,058.17 & Startex Gasoline And Oil Distributors Totaling
$209,043.84; Aggreko Totaling $5~62:1..12.
B. Consideration And Approval Of Awarding The Annual Contract
Supplying Diesel #2 Fuel For The City's Transit Center &
Wastewater Treatment Plant (Hwy. 365) And Dyed Diesel For
Off-Road Use For The Landfill To Petroleum Traders Corporation
Of Fort Wayne, Indiana.
C. Consideration And Approval Of Awarding A Bid For Self-Priming
Sewage Pumps To Pump & Power Equipment Of Houston, Texas
In The Amount Of $14,030 For The Utility Operations Department
(Wastewater Treatment Division).
D. Consideration And Approval For The Purchase Of New Office
Furniture Damaged By Hurricane Rita From 3. R. Inc. Of Universal
City, Texas In The Amount Of $9,254.46 For The Utility
Operations Service Center.
E. Consideration And Approval Of Payment To Texas Commission On
Environmental Ouality (TCE(~) In The Amount Of $8,414.61 For
The Annual Water System Fee.
City Council Minutes - Regular Meeting - November 22, 2005 4
F. Consideration And Approval For The Purchase Of Tnfluenza And
Pneumonia Vaccines From Sanofi Pasteur, Inc. In The Estimated
Amount Of $35,700 For The Health Department.
G. Consideration And Approval Of Awarding A Bid For Draperies
Damaged Due To Hurricane Rita To Windows Impressions Of
Beaumont, Texas In The Amount Of $6,495 For The Health
Department.
H. EXPENSE REPORT
Councilmember.lohn Beard, 3r.:
Attend LNG Conference In Houston, Texas,
November 8 - 10, 2005 $631.32
Out Of Town Mileage During Hurricane Rita:
Sept. - Oct., 2005 $117.45
Resolutions - Consent
(1) P.R. No. 13287 - A Resolution Authorizing The Renewal Of A
Contract With ICU Environmental, Health & Safety For Asbestos
Abatement Consulting Services; Account No. 105-1431-552.54-
00, Project No. 31120.
Proposed Resolution No. 13287 was adopted becoming Resolution No. 05-341.
(2) P.R. No. 13334 - A Resolution Designating And Establishing The
r4ardi Gras Entertainment Area For 2006, Designating r4ardi Gras
Of Southeast Texas, Inc. As Exclusive Concessionaire And
Authorizing The City Hanager To Execute An Agreement With
f4ardi Gras Of Southeast Texas, Inc.
Proposed Resolution No. 13334 was adopted becoming Resolution No. 05-342.
(3) P. R. No. 13336 - A Resolution To Amend The FY 2005-06
Contract Between The City Of Port Arthur And The Department Of
State Health Services, To Add Attachment No. 05, Nutrition
Services Section (WIC Card Participation).
Proposed Resolution No. 13336 was adopted becoming Resolution No. 05-343.
(4) P.R. No. 13337 - A Resolution Authorizing The Execution Of An
Amendment To The Contract Between The City Of Port Arthur
And The Health And Human Services Commission To Extend The
Contract For Community-Based Outreach Services For The
Children's Health Insurance Program (CHIP).
Proposed Resolution No. 13337 was adopted becoming Resolution No. 05-344.
(5) P.R. No. 13338 - A Resolution Authorizing An Amendment To The
Contract Between The City Of Port Arthur And The Department Of
State Health Services To Continue Remote Birth Certificate
Access.
Proposed Resolution No. 13338 was adopted becoming Resolution No. 05-345.
(6) P.R. No. 13339 - A Resolution Pertaining To A Legal Services
Agreement With Crain, Caton & 3ames As It Pertains To The
Landfill (Account No. 403-1274-533.54-00).
City Council Minutes - Regular Meeting - November 22, 2005
Proposed Resolution No. 13339 was adopted becoming Resolution No. 05-346,
(7) P.R. No. 13340 - A Resolution Approving Change Order No. Two
To The Contract Between The City Of Port Arthur And Simco
Enterprises, Ltd., Related To The Lake Charles Area Wastewater
Rehabilitation Project. (Decreases The Contract Amount By
$2,781.00 - Account No. 426-1625-53:2.83-00, Project
No.
426SIM).
Proposed Resolution No. 13340 was adopted becoming Resolution No. 05-347.
(8) P.R. No. 13341 - A Resolution Authorizing A Consulting Contract
For The Services Of Gayle W. Botley & Associates, Certified Public
Accountants, Related To Utility Billing And Collections
Procedures.
Proposed Resolution No. 13341 was adopted becoming Resolution No. 05-348.
(g) P.R. No. :~3342 - A Resolution Authorizing The City Manager To
Do All Things Necessary To Execute The Settlement Of A Claim In
The Amount Of $169,714.73 Made Against Fidelity National
Insurance Company As A Result Of The Flood Damage To The
Sabine Pass Fire Station #4.
Proposed Resolution No. 13342 was adopted becoming Resolution No. 05-349.
(10) P. R. No. 13344 - A Resolution Authorizing The City Manager To
Do All Things Necessary To Execute The Settlement Of A Claim In
The Amount Of $14S,012.89 Made Against Fidelity National
Insurance Company As A Result Of The Flood Damage To The
YMCA.
Proposed Resolution No. 13344 was adopted becoming Resolution No. 05-350.
(11) P. R. No. 13345 - A Resolution Committing A Local Match For
Emergency Bridge Replacement By The Texas Department Of
Transportation And Authorizing The City Manager To Execute An
Agreement With The State Of Texas For The Bridge Replacement.
Project HREMER~ Account 123-2300-901.92-00.
Proposed Resolution No. 13345 was adopted becoming Resolution No. 05-351.
(12) P.R. No. 13346- A Resolution Appointing And/Or Reappointing A
Member Or Members To The Citizen's Pipeline Advisory
Committee
Proposed Resolution No. 13346 was adopted becoming Resolution No. 05-352.
Mayor Pro Tern Thompson, Councilmember Barker and Councilmember Flood returned to the
City Council meeting.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - CONSENT
Resolutions - Consent
(13) P.R. No. 13348 - A Resolution Authorizing An Agreement To
Install A New Roof At The YMCA From Duro-Last Roofing, Inc., Of
Saginaw, Michigan In The Amount Of $227,960.S0
City Council Minutes - Regular Meeting - November 22, 2005 6
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Councilmember Prince
that Proposed Resolution No. 13348 be adopted.
Purchasing Manager Joseph Broussard appeared before the City Council to respond to inquiries
relating to the specialized roofing.
The City Attorney reported that a warranty package had been distributed to the City Council.
Assistant City Manager Robinson commented on insurance reimbursement and lease
agreement with the YMCA. He suggested scheduling a retreat to discuss building damages.
Councilmember Sinegal expressed concerns of undertaking building repairs for a non-profit
organization.
Proposed Resolution No. 13348 was adopted becoming Resolution No. 05-353.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Flood and Prince.
Voting No.' Councilmember $inegal.
The caption of Resolution No. 05-353 reads as follows:
RESOLUT~ZON NO. 05-353
A RESOLUTION AUTHOP, ZZING AN AGREEMENT
TO INSTALL A NEW ROOF AT THE YMCA FROM
DURO-LAST ROOFING, INC., OF SAGINAW,
MICHIIGAN IN THE AMOUNT OF $227,960.50.
VZT. ITEMS RE(~UIRING INDZVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P.R. No. 13252 - A Resolution Approving A Settlement In The
Litigation As It Pertains To 3ihan "Ali" Mohammed, Et Al Vs.
Nichols Company, L.L.P., Arceneaux & Gates Consulting
Engineers, Inc And Park Central Municipal Utility District.
The above-mentioned item was held until after the Executive Session.
(2) P.R, No. 13335 - A Resolution As It Pertains To The Industrial
Park Covenants And Restrictions At The Spur 93 Business Park
The above-mentioned item was held until after the Executive Session.
(3) P.R. No. 13347 - A Resolution Appointing And/Or Reappointing A
Member Or Members To The Board Of Directors Of The Port
Arthur Housing Finance Corporation
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tern
Thompson that Proposed Resolution No. 13347 be adopted.
City Secretary Green read the following nominations into the official record:
City Council Minutes - Regular Meeting - November 22, 2005 ?
Councilmember Barker Virginia Schoolfield
Councilmember Henderson Jerry McTnnis
Councilmember Beard .lohn Comeaux
City Attorney Sokolow commented on staff members serving on boards and committees.
The motion to adopt Proposed Resolution No. 13347 carried unanimously.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
Proposed Resolution No. 13347 was adopted becoming Resolution No. 05-354.
The caption of Resolution No. 05-354 reads as follows:
RESOLUTION NO. 05-354
A RESOLUTION APPOINTING AND/OR
REAPPOINTTNG A MEMBER OR MEMBERS TO
THE BOARD OF D1rRECTORS OF THE PORT
ARTHUR HOUSING F1~NANCE CORPORATION.
B. Ordinances
(1) P.O. No. 5570 - An Ordinance Designating December 23, 2005
As a Legal Holiday.
The Assistant City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Henderson and seconded by Mayor Pro Tem
Thompson that Proposed Ordinance No. 5570 be adopted.
Assistant City Manager Robinson addressed the proposed floating holiday for 2005.
Proposed Ordinance No. 5570 was adopted becoming Ordinance No. 05-84.
Voting Yes: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Prince and $inegal.
Voting No: None.
The caption of Ordinance No. 05-84 reads as follows:
ORDINANCE NO. 05-84
AN ORDINANCE DESIGNATING DECEMBER 23,
2005 AS A LEGAL HOL1tDA¥.
(2) P.O. 557:1 - An Ordinance Amending The Budget Of The City Of
Port Arthur Section 4A Economic Development Corporation And
Approving The Selection Of Floyd Batiste As Chief Executive
Officer For the City Of Port Arthur Section 4A Economic
Development Corporation.
The Assistant City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Prince and seconded by Councilmember Lewis that
Proposed Ordinance No. 5571 be adopted.
City Council Minutes - Regular Meeting - November 22, 2005 8
The City Council extended congratulations to the newly appointed EDC Chief Executive Officer
Floyd Batiste.
Mr. Floyd Batiste expressed appreciation to the City Council for the opportunity and briefly
highlighted his past working experience.
Proposed Ordinance No. 5571 was adopted becoming Ordinance No. 05-85.
Voting Yes: IVlayor Ortiz; Mayor Pro Tem Thompson; Councilmembers Lewis, Barker,
Henderson, Flood, Prince and Sinegal.
Voting No: None.
The caption of Ordinance No. 05-85 reads as follows:
ORDTNANCE NO. 05-85
AN ORD1~NANCE Af4ENDING THE BUDGET OF
THE CITY OF PORT ARTHUR SECTTON 4A
ECONOIqIC DEVELOPI~IENT CORPORATION AND
APPROV/NG THE SELECTION OF FLOYD
BATISTE AS CHTEF EXECUTIVE OFFTCER FOR
THE CTTY OF PORT ARTHUR SECTION 4A
ECONOr4IC DEVELOPMENT CORPORATION.
(3) P.O. No. 5572 - An Ordinance Authorizing The City Of Port Arthur
To Participate Tn The Texas Enterprise Zone Program Under The
Texas Enterprise Zone Act, Chapter 2303, Texas Government
Code; Providing Tax Incentives; Nominating The Premcor
Refining Group Tnc., To The Office Of The Governor Economic
Development And Tourism Through The Economic Development
Bank For Designation As A (~ualified Business And Triple Jumbo
Enterprise Project Under The Act; Nominating BASF Corporation
To The Office Of The Governor Economic Development And
Tourism Through The Economic Development Bank For
Designation As A (~ualified Business And Triple Jumbo Enterprise
Project Under The ACt And Designating A Liaison For Overseeing
Enterprise Projects And Communicating With l~nterested Parties.
The above-mentioned item was held until after the public hearing.
C. *Reports And Recommendations
(1) September, 2005 Financial Report
Finance Director Rebecca Underhill presented the above-mentioned report.
Water Operations Director Kelly Eldridge appeared before the City Council to report on water
leaks in the city.
VItI. REPORTS OF BOARDS & COMI~II~-FEES
None.
IV. PUBLIC HEAR]NG- 7:00 PH
To Consider Comments Concerning The Adoption Of An Ordinance To
Participate In The Texas Enterprise Zone Program And Nomination Of
Both The Premcor Refining Group, Inc. And BASF Corporation To The
Office Of The Governor As Texas Enterprise Projects.
City Council Minutes - Regular Meeting - November 22, 2005 9
The Mayor introduced the above-mentioned Public Hearing at 7:03 p.m.
Planning and Grants Director Dale Watson appeared before the City Council. Mr. Watson
clarified that the company formerly named Premcor is now Valero, however, the Premcor
name will remain throughout the term of the enterprise zone designation. He remarked that
the public hearing is required for the designation of eligible block groups as enterprise zones
and to nominate two companies, Valero/Premcor and BASF, as qualified businesses to the
Governor's Office for designation as enterprise zone projects.
The Planning and Grants Director stated that if these companies were designated as enterprise
zone projects, they would receive a rebate of state sales taxes for qualified purchases. He
explained the rules changes for designating enterprise zones.
Mayor Ortiz expressed gratitude to Valero and Chevron for supplying fuel to first responders
and stated that the refineries were the salvation of Port Arthur during Hurricane Rita.
Ryan and Company Consultant Trista Fugate, appeared before the City Council on the behalf
of Premcor and BASF to address inquiries relating to the designation of enterprise zones.
Councilmember Sinegal requested that the following statement be entered into the official
record:
And I say this not directed primarily at you, (Consultant Trista
Fugate) but when I first got on this Council about three years ago
and I have told people that I have a long memory. I've heard
nothing but good things about Valero. T have family that works for
Valero. They came in during the storm and bought trailers for
people. I mean they are an employee-orientated company and I
think a lot of Valero already. They have only been in existence in
Port Arthur for maybe a few months.
But as I said, I have a long memory and a gentleman who
represented BASF stood in front of this Council three years ago and
had hired only one Port Arthur resident. He was from BASF and
whoever is representing BASF; I do not see him over here now.
But I told him I have a long memory. And until they get that
employment rate for Port Arthur up, I'm going to have a hard time
supporting BASF in anything.
(BASF Representative Paul Henton appeared before the City
Council)
How are you doing, sir? So that you are not hit blindsided. About
three years ago when I first got on the Council, 257 or 250 citizens
of Port Arthur applied for employment with Fina. And this is maybe
minor on what Fina contributes to the community, but employment
is the only way we are going to get our citizens where they can
afford a deceit life.
Our unemployment rate here in Port Arthur is very high. And he
told me...they only hired one...and he told me he did not see a
problem with it. And I promised him that until he does see a
problem with it, I would have a hard time supporting BASF.
And the chickens have come upon the roost, because I am not
going to support BASF getting this enterprise zone. Motiva, Valero,
Huntsman, anybody, until he addresses that issue. And I don't
believe that has been addressed. So I did not want you to get
blindsided with it, but I just wanted to go on the record again
telling him again that until he addresses that issue I will have a
hard time supporting anything from BASF. Thank You.
City Council Minutes - Regular Meeting - November 22, 2005
BAgF Representative Paul Henton appeared before the City Council to acknowledoe
Councilmember Sinegal's concerns.
The Mayor requested to hear from anyone present in the audience who wished to speak
regarding the above-mentioned ordinance. No one appeared.
Mayor Ortiz read the following letter from Councilmember John Beard, ]r. into the official
record:
To Mayor Ortiz, City Council and Staff:
Good Evening!
My sincere regrets on being unable to attend tonight's meeting due
to prior obligations.
Regarding the Enterprise Zone program "slots" bring requested by
Valero and Fina-BASF:
I request that Council be mindful that another Port Arthur facility,
Motiva Enterprises, is planning a $3.8 Billion expansion,
significantly larger than the two projects before you. Port Arthur is
in competition with one other city for this prize; I ask that we
consider the fact that we will not have more slots available to use
as an incentive to this Motiva to locate here until 2007, the next
biennium.
Be aware that there is a difference of opinion in Motiva's
management as to where the facility should go; it is critical that we
"push" and promote our city as THE prime site via incentives such
as Enterprise Zone designations and slots. We need the
construction, taxes and the estimated 300-plus permanent jobs.
We need to be certain that we have the means of providing the
same type of incentive, or slots, for Motiva, as we are considering
for the two firms before you tonight.
Aisc, please ask their representatives the following:
"Per state guidelines, what is the revitalization plan for the zone by
these companies?
"What is their plan to 'enhance' employment and opportunities for
economically disadvantaged Port Arthur citizens?
"How do they plan to recruit these citizens?
"What plans do they have to maximize the involvement of women
and minority owned disadvantaged small business in the
construction phase of the projectT"
We as a Council should and need to be closely involved in the
application process, as well as, the actual work involving the hiring
and use of Port Arthur based small businesses.
I am supportive of granting the slots, provided:
(1) The requesting firms submit their hiring plan, revitalization
plan and other application specifics for Council review; and
City Council Minutes - Regular Meeting - November 22, 2005 ! 1
(2) That we act to provide a similar incentive of Enterprise Zone
slots for future anticipated use for Notiva.
! respectfully ask that this letter be entered into the record, and a
reply tO these inquiries be rendered by the two companies here
tonight.
Respectfully submitted,
John Beard, Jr.
Councilman, District 5
Planning and Grants Director Watson explained that the city currently has four slots allocated,
the state will authorize 85 projects for the buy in, and that there are more slots allocated to
cities than there will be projects approved. Mr. Watson stated that on this application, the city
is recommending three slots for Valero/Premcor and one slot for BASF. He explained that if
two bonus slots are received, it would be recommended for BASF giving a total of six slots.
Planning and Grants Director Watson addressed Councilmember Beard's concern of wanting to
reserve a slot for Motiva and other possible companies, however, he advised the Council that
there are other avenues for incentives at the state level for Motiva.
Consultant Trista Fugate commented on employment commitment and criteria, and the
application and the auditing process.
Copies of Councilmember Beard's letter were distributed to the representatives for written
responses.
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council closed the Public Hearing at 7:28 p.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
B. Ordinances
(3) P.O. No. 5572 - An Ordinance Authorizing The City Of Port Arthur
To Participate In The Texas Enterprise Zone Program Under The
Texas Enterprise Zone Act, Chapter 2303, Texas Government
Code; Providing Tax Incentives; Nominating The Premcor
Refining Group Inc., To The Office Of The Governor Economic
Development And Tourism Through The Economic Development
Bank For Designation As A Qualified Business And Triple 3umbo
Enterprise Project Under The Act; Nominating BASF Corporation
To The Office Of The Governor Economic Development And
Tourism Through The Economic Development Bank For
Designation As A Qualified Business And Triple 3umbo Enterprise
Project Under The Act And Designating A Liaison For Overseeing
Enterprise Projects And Communicating With Interested Parties.
The Assistant City Manager introduced the above-mentioned Proposed Ordinance.
Councilmember Lewis filed a conflict of interest affidavit with the City Secretary.
The motion was made by Councilmember Flood and seconded by Councilmember Henderson
that Proposed Ordinance No. 5572 be adopted.
The City Attorney noted that an updated version of the Proposed Ordinance had been
distributed to the City Council. The City Attorney read the following proposed amendments
into the official record:
City Council Minutes - Regular Meeting - November 22, 2005 12
Section 3.
(a) Premcor is a "qualified business" under Section 2303.402 of
the Act because it is engaged in the active conduct of a
trade or business at a qualified site and at least thirty-five
percent (35%) of its new employees in the Enterprise
Zone will be residents of an enterprise zone in this state or
economically disadvantaged individuals;
Section 6.
The City finds that Premcor meets the criteria for tax relief and
other incentives adopted by the City and that Premcor will be
located wholly within the qualified business site and will retain jobs
and increase economic activity and stability. As required by Section
2303.4051(c)(2) of the Act, the City's local incentives, including tax
incentives that at the election of the City Council may be made
available to Premcor, the nominated project, are identified and
summarized briefly in the attached Exhibit B.
Section 10.
BASF qualifies as an Enterprise Project as defined in Section
2303.407(b)(4) of the Act because BASF will be making a
capital investment in a project in excess of $5,000,000. The
City finds that it is in the best interest of the City to
nominate BASF as an Enterprise Project under the Act.
Section 15.
BASF qualifies as a Triple Jumbo Enterprise Project as defined in
Section 2303.407(b)(6) and Section 2303.407(d) of the Act because
BASF will be making a capital investment in a project in excess of
$250,000,000. The City finds that it is in the best interest of the
City to nominate BASF as a Triple Jumbo Enterprise Project under
the Act should bonus projects become available as allowed
under Section § 2303.406(d)(1) of the Act.
Section 16.
The City nominates BASF as a Triple Jumbo Enterprise Project under
the Act should bonus projects become available as allowed
under Section § 2303.406(d)(1) of the Act...
Section 22,
That as a condition of this nomination, BASF and Premcor
shall abide by the terms of their "in-lieu of tax" agreement~,
act in good faith to hire people in the City of Port Arthur's
enterprise zone as positions become available as delineated
in their application and pay their taxes on property within
the City of Port Arthur,
The motion was made by Councilmember Flood and seconded by Councilmember Henderson
to amend P.O. No. 5572 as stated by the City Attorney.
The motion to amend carried unanimously,
Proposed Ordinance No, 5572 was adopted as amended becoming Ordinance No, 05-86,
City Council Minutes - Regular Meeting - November 22, 2005 13
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Barker~ Henderson~
Flood, Prince and $inegal.
Voting No: None.
The caption of Ordinance No. 05-86 reads as follows:
ORDINANCE NO. 05-86
AN ORDINANCE AUTHORIZING THE CITY OF
PORT ARTHUR TO PART1~C1~PATE IN THE TEXAS
ENTERPRISE ZONE PROGRAM UNDER THE
TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303,
TEXAS GOVERNMENT CODE; PROVIDING TAX
INCENTIVES; NOMINATING THE PREMCOR
REFINING GROUP INC., TO THE OFF1~CE OF THE
GOVERNOR ECONOMIC DEVELOPMENT AND
TOURISM THROUGH THE ECONOMIC
DEVELOPMENT BANK FOR DESIGNAT1~ON AS A
QUALIFIED BUSINESS AND TRIPLE 3UMBO
ENTERPRISE PRO2ECT UNDER THE ACT;
NOMINATING BASF CORPORATION TO THE
OFFICE OF THE GOVERNOR ECONOMIC
DEVELOPMENT AND TOURISM THROUGH THE
ECONOMIC DEVELOPMENT BANK FOR
DESIGNAT1~ON AS A QUALIFIED BUS1~NESS AND
TRIPLE ~UMBO ENTERPRISE PRO3ECT UNDER
THE ACT AND DES1~GNAT1~NG A LIAI~SON FOR
OVERSEEtNG ENTERPRISE PRO3ECTS AND
COMMUNICATING WITH INTERESTED
PARTIES.
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetinq:
(1) Section 551.071 Government Code - To Discuss With The City
Attorney Pending Litigation As It Pertains To Mohammed Vs.
Nichols, Et Al
(2) Section 551.087 Government Code - To Discuss Incentives For
Commercial, Residential, Medical, And Industrial Business
Prospects
The City Council recessed their meeting at 7:33 p.m. to meet in Executive Session to
consider the above-mentioned topics, and reconvened their meeting at 8:18 p.m. with the
following members present: Mayor Ortiz; Mayor Pro Tem Thompson; Councilmembers
Lewis, Barker, Henderson, Prince and Sinegal; Assistant City Manager Robinson; City
Secretary Green and City Attorney Sokolow.
VII. TrEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT
A. Resolutions
(1) P.R. No. 13252 - A Resolution Approving A Settlement In The
Litigation As It Pertains To 3ihan "Ali" Mohammed, Et Al Vs.
Nichols Company, EL.P, Arceneaux & Gates Consulting
Engineers, Inc And Park Central Municipal Utility District.
The Mayor introduced the above-mentioned Proposed Resolution.
City Council Minutes - Regular Meeting - November 22, 2005 14
City Attorney Sokolow stated that Exhibit "B" had been distributed and he summarized the
following proposed amendments:
1. Defendants Arceneaux & Gates Consulting Engineers, Inc.,
City of Port Arthur (on behalf of Park Central Municipal Utility
District) and Nichols Company, L. LP. will pay, on behalf of
the parties released, $50,000 each for the total sum of
$150,000 in compromise and settlement of the plaintiff's
claims. In return, the city would be obtaining the property
at 3510 Lake Arthur Drive.
2. The plaintiffs would be allowed to remain in the home for six
to eight months.
3. Terms of the agreement are delineated in Exhibit "B", Ttems
1 through 17.
4. Title documents are included.
The motion was made by Mayor Pro Tem Thompson and seconded by Councilmember
Henderson that Proposed Resolution No. 13252 be adopted with the inclusion of Exhibit "B"
and the title documents..
Proposed Resolution No. 13252 was adopted becoming Resolution No. 05-355.
Voting Yes: Mayor Ortiz; Mayor Pro Tern Thompson; Councilmembers Lewis, Barker,
Henderson, Prince and Sinegal.
Voting No.' None.
The caption of Resolution No. 05-355 reads as follows:
RESOLUT1,ON NO. 05-355
A RESOLUT1,ON APPROV1,NG A SETTLEMENT
THE L1,T1,GAT1,ON AS 1,T PERTA1,NS TO 31,HAN
"AL1'" HOHAHIqED, ET AL VS. NTCHOLS
COHPANY, L.L.P., ARCENEAUX & GATES
CONSULT1'NG ENG?NEERS, 1'NC AND PARK
CENTRAL HUN1'C1'PAL UTI'L1'TY D1'STR1'CT.
Councilmember Flood returned to the meeting at 8:23 p.m.
(2) P.R. No. 13335 - A Resolution As 1,t Pertains To The 1,ndustrial
Park Covenants And Restrictions At The Spur 93 Business Park
The Mayor introduced the above-mentioned Proposed Resolution.
The City Attorney recommended tabling Proposed Resolution No. 13335.
EDC Administrative Assistant .lana Barnes appeared before the City Council to address
inquiries.
The motion was made by Counciimember Henderson and seconded by Councilmember Flood
that Proposed Resolution No. 13335 be tabled.
Proposed Resolution No. 13335 was unanimously tabled.
City Council Minutes - Regular Meeting - November 22, 200S 15
X. FUTURE AGENDA ITEMS OR REQUESTED REPORTS
Councilmember Sineaal:
Requesting revisiting the issue with the evacuation transportation workers.
Coun¢ilmember Henderson:
Requested a status report on citywide debris clearing.
Public Works Director 3ohn Comeaux appeared before the City Council to report on debris
clearing efforts.
MaYor OrUz:
Requested scheduling a .]anuary 2006 retreat.
XZ. AD.1OURNMENT OF MEETt'NG
Upon the motion of Councilmember Henderson, seconded by Mayor Pro Tem Thompson and
carried unanimously, the City Council adjourned their meeting at 8:30 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 OSCAR G. ORTIZ
Al-rEST:
CZTY SECRETARY EVANGELINE GREEN
END OF REGULAR MEETI'NG HELD NOVEMBER 22, 2005. APPROVED:
City Council Minutes - Regular Meeting - November 22, 2005 16