HomeMy WebLinkAboutPR 13562: LANDFILL PERMITinteroffice
MEMORANDUM
To: Mayor, City Council, City Manager
From: Mark T. Sokolow, city Attorney /~ ~
Date: May 16, 2006
Subject: P. R. No. 13562 Council Meeting of May 23, 2006
Attached is P. R. No. 13562 pertaining to the Legal
Services Agreement with Crain, Caton & James and ancillary costs
as it pertains to the Landfill Permit Amendment. (Account No.
403-1274-533.54-00). The existing authorization level is
$90,000. $77,935.16 in bills has been paid to date, and there
are two (2) outstanding bills for a total of $30,498.92. The
TCEQ has approved the increase in the height of the landfill from
36 feet to 144 feet. The TCEQ is waiting to see if Mr. Peterson
will file a Motion for a New Hearing before issuing the permit.
MTS:ts
Attachment
cc: Director of Finance
z.pr13562.memo
P. R. No. 13562
05/10/06 cs
RESOLUTION NO.
A RESOLUTION PERTAINING TO THE LEGAL
SERVICES AGREEMENT WITH CRAIN, CATON & JAMES
AND ANCILLARY COSTS AS IT PERTAINS TO THE
LANDFILL PERMIT AMENDMENT (ACCOUNT NO. 403-
1274-533.54-00)
WHEREAS, per Resolutions No. 05-079, 05-269, 05-346, 06-
050, and 06-079, the City Council approved total expenditures of
up to $90,000 for a legal services agreement with the Law Firm
of Crain, Caton & James in the City's effort to seek an
amendment to its current permit in order to raise the height of
the operating landfill in order to increase capacity; and,
WHEREAS, the City has received two (2) invoices from Crain,
Caton and James in the amount of $30,498.92, attached hereto as
Exhibit ~A" and Exhibit ~B"; and,
WHEREAS, it is deemed in the best interests of the citizens
to raise the total authorization level to $120,000, by
authorizing an additional $30,000, to be made available for
legal services to Crain, Caton, & James and ancillary costs as
it pertains to the City's effort to seek an amendment to its
current permit in order to raise the height of the operating
landfill in order to increase capacity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
z .pr13562
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That additional funds in the amount of
$30,000, raising the total authorization to $120,000, will be
made available for the legal services agreement with the Law
Firm of Crain, Caton & James and ancillary costs as it pertains
to the landfill, and will be disbursed as services are provided.
Section 3. That the Director of Finance is authorized
to pay Invoice #1062320 for $25,764.16 and Invoice #1063092 for
$4,734.76, attached hereto as Exhibit "A" and Exhibit "B", to
Crain, Caton & James, for a total payment of $30,498.08.
Section 4. That a copy of this caption be spread upon
the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2006, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote:
AYES: Mayor '
Council Members '
NOES:
z.pr13562
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM.'
CITY ATTORNEY
APPROVED FOR ADMINISTI~ATION:
CITY MANAGER
APPROVED AS TO THE AVAILABILITY OF FUNDS:
DIRECTOR OF FINANCE
z.pr13562
EXHIBIT "A"
CRA/N
CA_TON
JAMES
March 23, 2006
Mark Sokolow, Esq.
City Attorney
City of Port Arthur
PO Box 1089
Port A~":bur, Texas 776.~ !-!08o
RE: Landfill Permit Amendment
Dear Mark:
Enclosed is our invoice for fees and expenses for February 2006. The invoice includes
84.30 attorney hours by Geoffrey Kirshbaum billed at the rate of $146.25 per hour and 42.20
attorney hours by the undersigned billed at the rote of $262.50 per hour. Pursuant to our legal
services agreement, all fees have been reduced by 25 percent from our normal rotes. If the invoice
appears to be in order, we would appreciate your placing it in line for payment.
Sincerely,
CRAIN, C~,,JAMES, P.C.
~ivl/mn
Enclosure
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035 MAR 2 ? 200~
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 1
Invoice # 1062320
Date 03-22-06
14318-000005 - REM
CITY OF PORT ARTHUR
C/O CITY ATTORNEY
POST OFFICE BOX 1089
PORT ARTHUR~ T! 77641-1089
Re: Landfill Permit Amendment
For Services and Expenses Rendered Through February 28, 2006
Date Atty Description of Services Hours
02-01-06 REM Conferred with Kirshbaum; hearing
preparation. 0.60
02-01-06 GK Revised draft of hearing questions and
responses; placed call to SOAH staff;
placed calls to TCEQ Office of Public
Interest Counsel attorney; placed call to
TCEQ Office of Chief Clerk; placed calls
to/received calls from Mike Tentrup,
Kevin Yard and Keith Bradley; discussions
with Robin Morse; sent emails to Keith
Bradley and Mike Tentrup with draft of
hearing questions/responses; received
emails from Keith Bradley; Mike Tentrup
and Kevin Yard. 7.80
02-02-06 REM Calls to and conference with Kirshbaum;
hearing preparation. 2.00
02-02-06 GK Placed call to TCEQ Office of Public
Interest Counsel attorney; placed calls
to/received calls from Kevin Yard with
SCS Engineers; reviewed emails and
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010.-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 2
Invoice # 1062320
Date 03-22-06
14318-000005 REM
Date Atty Description of Services Hours
documents from Kevin Yard; placed call to
Jim Lawrence with SCS Engineers; reviewed
document from and sent email regarding
document to Jim Lawrence, SCS Engineers;
sent emails to Kevin Yard, Keith Bradley
and Mike Tentrup; reviewed email and
document from Keith Bradley; reviewed
email and pictures from Mike Tentrup;
placed call to SOAH ALJ's Administrative
Technician; completed reviewing documents
sent by Kevin Yard; revised witness
questions and proposed responses;
discussions with Robin Morse; sent copy
of the deposition transcript to Roy R.
Petersen; placed call to TCEQ General Law
Division staff. 7.90
02-03-06 REM Hearing preparation; related discussions
with Kirshbaum. 2.50
02-03-06 GK Received call from Christina Mann, TCEQ
Office of Public Interest Counsel
Attorney; placed calls to/received calls
from Keith Bradley, Mike Tentrup and
Kevin Yard; sent emails to/received
emails from Keith Bradley, Mike Tentrup
and Kevin Yard; placed calls to/received
calls from Jim Lawrence with SCS
Engineers; received email from Jim
Lawrence with SCS Engineers; placed calls
to/received calls from SOAH staff;
compiled exhibits for hearing on the
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 3
Invoice % 1062320
Date 03-22-06
14318-000005 REM
Date Atty Description of Services Hours
merits; revised witness questions for
hearing on the merits; discussions with
Robin Morse; made final hearing
preparations for hearing on the merits. 8.40
02-04-06 REM Hearing preparation; conferred with
Kirshbaum. 1.00
02-04-06 GK Prepared for hearing on the merits;
organized hearing materials. 4.20
02-05-06 REM Hearing preparation; travel to Austin. 5.00
02-05-06 GK Travel to Austin for hearing on the
merits; prepared for hearing on the
merits. 3.60
02-06-06 REM Discussions with witnesses; hearing;
return to Houston. 13.60
02-06-06 GK Attended meeting with Robin Morse, Kevin
Yard, Mike Tentrup and Keith Bradley;
attended hearing on the merits; return
travel to Houston. 13.60
02-07-06 REM Attention to file; called Kirshbaum
regarding findings of fact and
conclusions of law. 0.50
02-07-06 GK Unloaded hearing materials; received
email from Keith Bradley; began preparing
list of relevant TCEQ rules for
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 770104035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 4
Invoice # 1062320
Date 03-22-06
14318-000005 REM
Date Atty Description of Services Hours
submission to Administrative Law Judge;
arranged to have color copies made of
Petersen Deposition Exhibit No. 2; began
work to prepare proposed findings of fact
and conclusions of law; research;
discussions with Robin Morse; received
call from Mark Sokolow, City Attorney. 6.80
02-08-06 REM Conferred with Kirshbaum; worked on
post-hearing rule and exhibit submission. 2.00
02-08-06 GK Continued work on Proposed Findings of
Fact and Conclusions of Law; file
research; discussions with Robin Morse. 2.40
02-10-06 GK Continued work on Findings of Fact and
Conclusions of Law. 1.10
02-13-06 GK Continued work on Findings of Fact and
Conclusions of Law. 1.00
02-14-06 REM Attention to transcript; phone conversation with Sokolow; conferred with
Kirshbaum. 0.30
02-14-06 GK Continued work on Findings of Fact and
Conclusions of Law; discussions with
Robin Morse; began reviewing transcript
from hearing on the merits. 2.40
02-15-06 REM Conferred with Kirshbaum; worked on
findings of fact and conclusions of law. 0.80
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 5
Invoice % 1062320
Date 03-22-06
14318-000005 REM
Date Atty Description of Services Hours
02-15-06 GK Received call from TCEQ Office of Public
Interest Counsel Attorney, Christina
Mann; completed draft of Findings of Fact
and Conclusions of Law; discussions with
Robin Morse; reviewed transcript from
hearing on the merits; received call from
John Comeaux; filed/served copy of
transcript from hearing on the merits;
placed calls to court reporter service. 5.20
02-16-06 REM Worked on findings of fact and
conclusions of law; called Kirshbaum
regarding same. 1.10
02-16-06 GK Discussions with Robin Morse; revised
Proposed Findings of Fact and Conclusions
of Law; received email/phone call from
TCEQ Office of Public Interest Counsel
attorney; placed call to TCEQ Office of
Public Interest Counsel attorney; placed
call to TCEQ Office of Chief Clerk. 2.80
02-17-06 REM Returned call to public interest counsel;
worked on findings of fact and
conclusions of law; conferred with
Kirshbaum. 1.50
02-17-06 GK Placed call to/received call from Kevin
Yard with SCS Engineers; discussions with
Robin Morse; began incorporating record
references into Findings of Fact and
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 6
Invoice # 1062320
Date 03-22-06
14318-000005 REM
Date Atty Description of Services Hours
Conclusions of Law; revised Findings of
Fact and Conclusions of Law. 2.80
02-18-06 GK Continued incorporating record references into and revising Findings of Fact and
Conclusions of Law. 7.50
02-19-06 REM Worked on findings of fact and
conclusions of law; dictated closing
argument. 6.50
02-19-06 GK Completed draft of Findings of Fact and
Conclusions of Law with record
references. 2.10
02-20-06 REM Worked on closing argument and findings
of fact and conclusions of law. 4.50
02-20-06 GK Reviewed email from Kevin Yard; revised
Findings of Fact and Conclusions of Law;
incorporated record references into
closing arguments; file research;
prepared document for filing;
filed/served Findings of Fact and
Conclusions of Law; worked with technical
support to produce Word Perfect version
of Findings of Fact and Conclusions of
Law for Administrative Law Judge and sent
with Administrative Law Judge's copy of
documents. 2.90
02-21-06 REM Conferred with Kirshbaum; attention to
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 7
Invoice ~ 1062320
Date 03-22-06
14318-000005 REM
Date Arty Description of Services Hours
public interest counsel brief. 0.30
02-21-06 GK Research; prepared memo to Robin Morse
regarding agenda scheduling; discussions
with Robin Morse; reviewed brief from
TCEQ Office of Public Interest Counsel. 1.60
02-22-06 GK Sent letter to Mark Sokolow and copied
John Comeaux, Ross Blackketter, Kevin
Yard and Keith Bradley with enclosed copy
of TCEQ Office of Public Interest
Counsel's Closing Arguments. 0.20
Total Fees $ 23,406.40
Hours Rate Amount
Geoffrey Kirshbaum 84.30 146.25 12,328.90
Robert E Morse III 42.20 262.50 11,077.50
Disbursement Description Amount
Deposition of Roy Peterson 823.95
Duplicating Expense 455.55
Duplicating fee for Exhibit 1 18.17
Federal Express 130.88
Long Distance Telephone Calls 47.30
Parking 9.00
Postage 33.65
Travel Expense 839.26
Total Disbursements this Matter 2,357.76
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNE¥ STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 8
Invoice % 1062320
Date 03-22-06
14318-000005 REM
Total Due 25,764.16
CRA/N, CATON & JAMES
A PROFESSIONAL CORPOI~TION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 9
Invoice g 1062320
Date 03-22-06
14318-000005 REM
23,406.40
TOTAL FEES
TOTAL DISBURSEMENTS 2,357.76
25,764.16
Total Due ........... _
EXHIBIT "B"
CRAIN
__&
ATTORNEYS AND COUNSELORS
April 28, 2006
Mark Sokolow, Esq.
City Attorney
City of Port Arthur
PO Box 1089
Port Arthur, Texas 77641-1089
RE: Landfill Permit Amendment
Dear Mark:
Enclosed is our invoice for fees and expenses for March 2006. The invoice includes 23.80
attorney hours by Geoffrey Kirshbaum billed at the rate of $146.25 per hour and 3.50 attorney hours
by the undersigned billed at the rate of $262.50 per hour. Pursuant to our legal services agreement,
all fees have been reduced by 25 percent from our normal rates. If the invoice appears to be in order,
we would appreciate your placing it in line for payment.
Sincerely,
CRA1N, CATON & JAMES, P.C.
~
Robin ~
Enclosure
014318/000005
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET MAY 0 3 200
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 1
Invoice # 1063092
Date 05-02-06
14318-000005 - REM
MR. FLOYD BATISTE
CHIEF EXECUTIVE OFFICER
CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION
4173 ~9TH STREET
PORT ARTHUR, TX 77642
Re: Landfill Permit Amendment
For Services and Expenses Rendered Through March 31, 2006
Date Atty Description of Services Hours
03-01-06 GK Received calls from/placed calls to Kevin
Yard with SCS Engineers; research;
received email from Christina Mann, TCEQ
Office of Public Interest Counsel
attorney; placed calls to Christiana
Mann, TCEQ Office of Public Interest
Counsel attorney; placed call to/received
call from Roy R. Petersen; placed call to
Tracy Gross, TCEQ Office of General
Counsel attorney; placed call to Anthony
Tatu, attorney for TCEQ Executive
Director; received email from Kevin Yard
with SCS Engineers; checked TCEQ database
for Petersen filing. 1.80
03-02-06 REM Attention to Petersen filing; conferred
with Kirshbaum regarding same. 0.20
03-02-06 GK Received call from/placed call to Tracy
Harrison Gross, Assistant TCEQ General
Counsel; sent email to Robin Morse;
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 2
Invoice # 1063092
Date 05-02-06
14318-000005 REM
Dane Arty Description of Services Hours
reviewed closing arguments brief filed by
Roy R. Petersen; placed call to/received
call from Kevin Yard with SCS Engineers;
received call from Anthony Tatu, TCEQ
Executive Director attorney; sent email
to Kevin Yard with SCS Engineers;
discussions with Robin Morse. 3.70
03-03-06 REM Conferred with Kirshbaum regarding
Petersen response. 0.20
03-03-06 GK Placed call to/received call from Kevin
Yard, discussions with Robin Morse. 0.30
03-04-06 REM Reviewed Petersen closing argument
submission. 0.30
03-10-06 REM Conferred with Kirshbaum; attention to
proposal for decision. 1.00
03-10-06 GK Received call from John Comeaux and
Gera±d Robinson; placea call to State
Office of Administrative Hearings;
reviewed Administrative Law Judge's
Proposal for Decision; placed call to
John Comeaux; discussions with Robin
Morse; file research; sent email to City
personnel and consultants. 3.10
03-15-06 REM Conferred with Kirshbaum. 0.20
03-15-06 GK Discussions with Robin Morse. 0.20
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 3
Invoice ~ 1063092
Date 05-02-06
14318-000005 REM
Date Arty Description of Services Hours
03-16-06 GK Placed call to Kevin Yard with SCS
Engineers; placed call to Keith Bradley
with KBA EnviroScience. 0.40
03-17-06 GK Placed calls to/received calls from Kevin
Yard with SCS Engineers. 0.20
03-20-06 GK Received calls from Kevin Yard with SCS Engineers; placed call to Kevin Yard with
SCS Engineers. 0.80
03-21-06 REM Conferred with Kirshbaum regarding
exceptions to Proposal for Decision. 0.30
03-21-06 GK Began work on Brief in Support of
Proposal for Decision; file research;
discussions with Robin Morse; placed call
to Kevin Yard with SCS Engineers;
continued review of Proposal for Decision
and proposed Order. 5.90
03-22-06 GK Received call from/placed call to Kevin
Yard with SCS Engineers; continued work
on Brief in Support of PFD and review of
PFD and Order. 1.40
03-23-06 REM Conferred with Kirshbaum regarding PFD. 0.50
03-23-06 GK Finalized review of ALJ's Proposal for
Decision; continued work on Brief in
Support of Proposal for Decision;
CRAIN, EATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 4
Invoice ~ 1063092
Date 05-02-06
14318-000005 REM
Date Arty Description of Services Hours
research; discussions with Robin Morse. 2.60
03-24-06 REM Conferred with Kirshbaum; reviewed and
revised post-hearing exceptions. 0.50
03-24-06 GK Research; placed call to TCEQ MSW staff,
Wayne Harry; placed call to SOAH ALJ
Administrative Assistant; prepared Brief
in Support of Proposal for Decision for
filing; discussions with Robin Morse. 2.30
03-27-06 GK Received call from Rita McBride, SOAH ALJ
Administrative Assistant. 0.10
03-28-06 GK Placed call to TCEQ Chief Clerk office; placed call to TCEQ Office of the General
Counsel. 0.30
03-29-06 GK Received call from/placed call to Kevin
Yard with SCS Engineers; received call
from Tracy Harrison Gross with TCEQ
Office of General Counsel; sene e-mall to
Robin Morse; reviewed SOAH ALJ letter to
parties regarding Proposal for Decision
and revised proposed Order. 0.50
03-30-06 REM Attention to revised draft order;
conferred with Kirshbaum. 0.30
03-30-06 GK Discussions with Robin Morse. 0.20
Total Fees $ 4,399.54
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCICINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
TAX ID #76-0323066
Page 5
Invoice # 1063092
Date 05-02-06
14318-000005 REM
Hours Rate Amount
Geoffrey Kirshbaum 23.80 146.25 3,480.79
Robert E Morse III 3.50 262.50 918.75
Disbursement Description Amount
Duplicating Expense 59.85
Long Distance Telephone Calls 45.35
Postage 9.05
Printing Expense 202.97
Telecopier Charges 18.00
Total Disbursements this Matter 335.22
Total Due 4,734.76
CRAIN, CATON & JAMES
A PROFESSIONAL CORPORATION
17TH FLOOR. FIVE HOUSTON CENTER
1401 MCKINNEY STREET
HOUSTON, TEXAS 77010-4035
713. 658. 2323
FAX 713. 658. 1921
T~Df ID #76-0323066
Page 6
Invoice # 1063092
Date 05-02-06
14318-000005 REM
TOTAL FEES 4,399.54
TOTAL DISBURSEMENTS 335.22
Total Due 4,734.76