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Home My WebLink About04-20-10 Special Called Regular Meeting of the Fiscal Affairs Committee 2 _~._"""""._~""'__'_'_m."_ _ ,~.___ MINUTES OF THE SPECIAL CALLED REGULAR MEETING OF THE FISCAL AFFAIRS COMMITTEE April 20, 2010 1. Call to Order The meeting was called to order by Chairman Chuck Engelken at 5:03 p.m. Members of Committee Present: Board Members Chuck Engelken, Louis Rigby and Tommy Moser. Also, Council member Zemanek was in attendance. Members of Committee Absent: None Members of City Council, City Executive Staff and City Employees Present: City Manager Ron Bottoms, City Attorney Knox Askins, Director of Finance Michael Dolby and City Secretary Martha Gillett Others present: Phillip Hoot and Kathryn Aguilar 2. Consider approval of Minutes of the Special Called Regular Meeting of Fiscal Affairs Committee held March 29, 2010. Motion was made by Committee Member Moser to approve the minutes as presented. A second by Committee Member Rigby. The motion carried. Ayes: Engelken, Rigby and Moser Nays: None Abstain: None Absent: None 3. Discuss questions and inquires from citizens related to Town Plaza and the Alamo Building - C. Engelken/K. Askins Committee Chairman Chuck Engelken and City Attorney Knox Askins discussed the questions and inquiries from citizens related to Town Plaza and the Alamo Building. Two additional questions were raised: 1) What are the reimbursables from URS for the Plaza project? 2) Was there formal approval by Council for the removal of the fuel tanks on Garson's property that were leaking into the Plaza construction site? The committee will meet again on April 27, 2010 at 5:00 p.m. to address the additional questions. Fiscal Affairs Committee - Special Called Regular Meeting - April 20, 2010 2 4. Administrative Reports There was no additional information reported. 5. Committee Comments Matters appearing on agenda A. Recognition of community members, city employee, and upcoming events B. Inquiry of staff regarding specific factual information or existing policy There were no additional comments from committee members. 6. Adjournment There being no further business to come before the committee, the meeting was adjourned at 6:18 p. m. Respectfully submitted, , rr;i1ttA~j1A,W Martha Gillett, TRMC City Secretary Approved this 27th day of Aprill2010. Chuck Engelken, Chairman ~ ~ .s g:g ~ ~.~ tH Po 'A d1 0~6. ~ <J) ~.e >:- Q ~ o~~ ~ s..g ~ Q ~~~ ~ ~ A S..?;..o ..... ~ ~.B~ ~ ~ .E ~ 5 t1 .g bJ)~% .~ \ .~ "'Q) Q ~ $ Q ~ ~ a;;.-bIl Po tIS 0 Q . ~ bJ)bO.P. ~ ~~- \{'l ..... ...... tH tH \('l .g ~ 0 0 ~ ..a .-0 ~ Q ~.~ ~ on t) ~ S ~ 0.... tQ~.g ~ ~ ~ O".~ e ~ .... ~ ~ i::S "'Q) o ~..-. oS a ~ lI) Q ,pQ,s ~ ~ tIS ~ ~ ~ g c:> g ... 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Q lE'a ~o o 0 c:>S .S ~.Q Q ~~~ <11 ~ ~i ~ <11 ~ _Po UU '\'1 :; ~'.a sta<+-< oGS"d .S- .... ~ Q) 0 a.a o Q)'~ g-:S ~ ~~ g ~ o "d .~ o~.a .... ..... O'p o Q '0 -:S GS o~ ~ ~ Q g't; ~~bO ~ ~ ';>~ 0 ~ -Q~ \Il ~';>~ \I'l '-' \I'l \Il ';' rP'J ..(~.a rP'J ..:...; k ---- .-- fi 551.088. Deliberations Regarding Test Item This chapter does not require a governmental body to conduct an open meeting to deliberate a test item or information related to a test item if the governmental body believes that the test item may be included in a test the governmental body administers to individuals who seek to obtain or renew a license or certificate that is necessary to engage in an activity. Subchapter E. Procedures Relating To Closed Meeting r~ 551.101. Requirement to First Convene in Open Meeting If a closed meeting is allowed under this chapter, a governmental body may not conduct the closed meeting unless a quorum of the governmental body first convenes in an open meeting for which notice has been given as provided by this chapter and during which the presiding officer publicly: (1) announces that a closed meeting will be held; and (2) identifies the section or sections of this chapter under which the closed meeting is held. r- r ~ 551.102. Requirement to Vote or Take Final Action in Open Meeting A final action, decision, or vote on a matter deliberated in a closed meeting under this chapter may only be made in an open meeting that is held in compliance with the notice provisions of this chapter. ~ 551.103. Certified Agenda or Tape Recording Required (a) A governmental body shall either keep a certified agenda or make a tape recording of the proceedings of each closed meeting, except for a private consultation permitted under Section 551.071. (b) The presiding officer shall certify that an agenda kept under Subsection (a) is a true and correct record of the proceedings. (c) The certified agenda must include: (I) a statement of the subject matter of each deliberation; (2) a record of any further action taken; and (3) an announcement by the presiding officer at the beginning and the end of the meeting indicating the date and time. (d) A tape recording made under Subsection (a) must include announcements by the presiding officer at the beginning and the end of the meeting indicating the date and time. ~ ~ 551.104. Certified Agenda or Tape; Preservation; Disclosure (a) A governmental body shall preserve the certified agenda or tape recording of a closed meeting for at least two years after the date of the meeting. If an action involving the meeting is brought within that period, the governmental body shall preserve the certified agenda or tape while the action is pending. (b) In litigation in a district court involving an alleged violation of this chapter, the court: (I) is entitled to make an in camera inspection of the certified agenda or tape; (2) may admit all or part of the certified agenda or tape as evidence, on entry of a final judgment; and (3) may grant legal or equitable relief it considers appropriate, including an order that the governmental body make available to the public the certified agenda or tape of any part of a meeting that was required to be open under this chapter. (c) The certified agenda or tape ofa closed meeting is available for public inspection and copying only under a court order issued under Subsection (b){3). Subchapter F. Meetings Using Telephone, Videoconference, or Internet ~ 551.121. Governing Board ofInstitution of Higher Education; Board for Lease of University Lands; Texas Higher Education Coordinating Board: Special Meeting for Immediate Action (a) In this section, "governing board," "institution of higher education," and "university system" have the meanings assigned by Section 61.003, Education Code. (b) This chapter does not prohibit the governing board of an institution of higher education, the Board for Lease of University Lands, or the Texas Higher Education Coordinating Board from holding an open or closed meeting by telephone conference call. (c) A meeting held by telephone conference call authorized by this section may be held only if: (1) the meeting is a special called meeting and immediate action is required; and (2) the convening at one location of a quorum of the governing board, the Board for Lease of University Lands. the Texas Higher Education Coordinating Board, as applicable, is difficult or impossible. (d) The telephone conference call meeting is subject to the notice requirements applicable to other meetings. ( e) The notice of a telephone conference call meeting of a governing board must specify as the location of the meeting the location where meetings of the governing board are usually held. For a meeting of the governing board of a university system, the notice must specify as the location Page 1 of 1 Bottoms, Ron From: Bottoms, Ron Sent: Friday, June 26, 20096:09 PM To: 'Bill Love (billlove@att.net)'; 'Ed_Matuszak@URSCorp.com'; 'Pat Muston' Cc: Westbeld, Debbie Subject: Town Plaza fuel tanks Members of the 4B board: We have identified two small fuel tanks near our Town Plaza project that need to be removed and the area around them remediated. One of the tanks is on Garson's property, just south of the Parks and Wildlife building, right on the property line next to the Town Plaza. The other tank is about half way on Garson's property and half way in the alley just south of the Parks and Wildlife building - roughly ten feet from the Plaza property. Both of the tanks were ancillary to the Gas Station (the old Blue Building) that was on Garson's property. We were aware of one of the tanks but have since discovered a second tank. We could not determine if any contamination existed on our property until the concrete along San Jacinto Street was removed. Once the concrete was removed we had a crew from Public Works go down and trench along our side of the property line to look for potential contamination from these tanks (better to deal with it now rather than later once the Plaza has been constructed). We did discover what appears to be contaminated soil on the Plaza property (doesn't appear too significant). In my discussions with Knox it appears that the responsibility for any contamination associated with the tanks, and the tanks themselves, is Garson's. I have spoken to Garson about the tanks and he stated that he currently does not have the funds to have the tanks removed and the soil remediated. In addition to this being an environmental issue with our water well close by, yesterday I spoke to our Plaza contractor and asked him if the tank removal/remediation was impacting his schedule and he stated that it's not right now, but that it will if we don't address it by the end of next week. So, I have asked Clark to develop an access agreement for Garson's signature to allow our contractor to remove the tanks on his property. I've also asked Clark to develop an agreement for Garson's signature to ensure that we ultimately recover our costs for the tank removal and soil remediation. We have received an estimate of around $35,000 for the tank removal and remediation and hope to have the tanks removed by mid week using Plaza contingency funds. I wanted you to be fully aware of what we are doing. Please let me know if you have any questions. Ron 4/21/2010 To: Mayor and City Council City of La Porte Interoffice MelTIOrandulTI From: Ron Bottoms, City Manager Date: June 26,2009 Subject: Friday Memo Budget: Ongoing........ I have met with each of the departments at this point. Weare still evaluating several areas, but are well on our way to completing the initial draft Main Street Parking: Half ofthe striping on yd Street has been completed. We ran into a couple of problems; one the striping machine broke down and two we had to do some plan modifications. Hopefully, the striping will be completed next week. Town Plaza: We have identified two small fuel tanks that were ancillary to the old gas station located on Garson's property, just south of the Texas Parks and Wildlife building and have determined that they need to be removed and the area around them remediated. Although these tanks are not on the Plaza propeliy they have, or have the potential to, impact the Town Plaza. CDBG meeting: Several staff members attended a meeting with Harris County officials Tuesday night regarding the hurricane Ike funding. Weare programmed to receive around $1.4 Million. Meet and Confer: We met with representatives of the Police Officers Association just a few minutes ago and they have agreed to the new agreement language and will take the agreement to their members for their approval. Assuming their members approve of the agreement, we'll bring this before you at our next City Council meeting. Page 1 of 1 Bottoms, Ron From: Bottoms, Ron Friday, June 26, 20095:59 PM Barry Beasley (barry.beasley@att.com); Daryl Leonard (deI4566@sbcglobal.net); 'Georgia Malone (georgia.malone@yahoo.com)'; John Black (baysun1437@aol.com); Louis Rigby (Iouis.rigby@kbr.com); Mike Clausen (c1ausenm@lpisd.org); Mike Mosteit (mosteit66@aol.com); Tommy Moser (moser_electric@sbcglobal.net) Cc: Westbeld, Debbie; Joerns, John Subject: Town Plaza fuel tanks Mayor and Council: Sent: To: We have identified two small fuel tanks near our Town Plaza project that need to be removed and the area around them remediated. One of the tanks is on Garson's property, just south of the Parks and Wildlife building, right on the property line next to the Town Plaza. The other tank is about half way on Garson's property and half way in the alley just south of the Parks and Wildlife building - roughly ten feet from the Plaza property. Both of the tanks were ancillary to the Gas Station (the old Blue Building) that was on Garson's property. We were aware of one of the tanks but have since discovered a second tank. We could not determine if any contamination existed on our property until the concrete along San Jacinto Street was removed. Once the concrete was removed we had a crew from Public Works go down and trench along our side of the property line to look for potential contamination from these tanks (better to deal with it now rather than later once the Plaza has been constructed). We did discover what appears to be contaminated soil on the Plaza property (doesn't appear too significant). In my discussions with Knox it appears that the responsibility for any contamination associated with the tanks, and the tanks themselves, is Garson's. I have spoken to Garson about the tanks and he stated that he currently does not have the funds to have the tanks removed and the soil remediated. In addition to this being an environmental issue with our water well close by, yesterday I spoke to our Plaza contractor and asked him if the tank removal/remediation was impacting his schedule and he stated that it's not right now, but that it will if we don't address it by the end of next week. So, I have asked Clark to develop an access agreement for Garson's signature to allow our contractor to remove the tanks on his property. I've also asked Clark to develop an agreement for Garson's signature to ensure that we ultimately recover our costs for the tank removal and soil remediation. We have received an estimate of around $35,000 for the tank removal and remediation and hope to have the tanks removed by mid week using Plaza contingency funds. I wanted you to be fully aware of what we are doing. I will also make sure that the 4B board is informed. Please let me know if you have any questions. Ron 4/21/2010 Page 1 of 1 Bottoms, Ron From: Bottoms, Ron Sent: Friday, June 26,20096:09 PM To: 'Bill Love (billlove@att.net)'; 'Ed_Matuszak@URSCorp.com'; 'Pat Muston' Cc: Westbeld, Debbie Subject: Town Plaza fuel tanks Members of the 4B board: We have identified two small fuel tanks near our Town Plaza project that need to be removed and the area around them remediated. One of the tanks is on Garson's property, just south of the Parks and Wildlife building, right on the property line next to the Town Plaza. The other tank is about half way on Garson's property and half way in the alley just south of the Parks and Wildlife building - roughly ten feet from the Plaza property. Both of the tanks were ancillary to the Gas Station (the old Blue Building) that was on Garson's property. We were aware of one of the tanks but have since discovered a second tank. We could not determine if any contamination existed on our property until the concrete along San Jacinto Street was removed. Once the concrete was removed we had a crew from Public Works go down and trench along our side of the property line to look for potential contamination from these tanks (better to deal with it now rather than later once the Plaza has been constructed). We did discover what appears to be contaminated soil on the Plaza property (doesn't appear too significant). In my discussions with Knox it appears that the responsibility for any contamination associated with the tanks, and the tanks themselves, is Garson's. I have spoken to Garson about the tanks and he stated that he currently does not have the funds to have the tanks removed and the soil remediated. In addition to this being an environmental issue with our water well close by, yesterday I spoke to our Plaza contractor and asked him if the tank removal/remediation was impacting his schedule and he stated that it's not right now, but that it will if we don't address it by the end of next week. So, I have asked Clark to develop an access agreement for Garson's signature to allow our contractor to remove the tanks on his property. I've also asked Clark to develop an agreement for Garson's signature to ensure that we ultimately recover our costs for the tank removal and soil remediation. We have received an estimate of around $35,000 for the tank removal and remediation and hope to have the tanks removed by mid week using Plaza contingency funds. I wanted you to be fully aware of what we are doing. Please let me know if you have any questions. Ron 4/21/2010 To: Mayor and City Council City of La Porte Interoffice MelTIOrandulTI From: Ron Bottoms, City Manager Date: June 26, 2009 Subject: Friday Memo Budget: Ongoing........ I have met with each of the departments at this point. We are still evaluating several areas, but are well on our way to completing the initial draft Main Street Parking: Half of the striping on 3rd Street has been completed. We ran into a couple of problems; one the striping machine broke down and two we had to do some plan modifications. Hopefully, the striping will be completed next week. Town Plaza: We have identified two small fuel tanks that were ancillary to the old gas station located on Garson's property, just south of the Texas Parks and Wildlife building and have determined that they need to be removed and the area around them remediated. Although these tanks are not on the Plaza property they have, or have the potential to, impact the Town Plaza. CDBG meeting: Several staff members attended a meeting with Harris County officials Tuesday night regarding the hurricane Ike funding. Weare programmed to receive around $1.4 Million. Meet and Confer: We met with representatives of the Police Officers Association just a few minutes ago and they have agreed to the new agreement language and will take the agreement to their members for their approval. Assuming their members approve of the agreement, we'll bring this before you at our next City Council meeting. To: Mayor and City Council City of La Porte Interoffice MelTIOrandulTI From: Ron Bottoms, City Manager Date: July 10, 2009 Subject: Friday Memo Budget: Finalizing... We spent all day today going through and tine tuning next year's draft budget. Hopefully we'll finalize the proposed budget by the end of next week so that Shelly can begin to compile your budget books. Main Street Parking: The striping has been completed on the south side of 3rd Street. We are now working on some directional signs along Main Street. We are also planning on striping some additional parking on 3 I'd north of Main Street. Town Plaza: The fuel tanks have been removed, the soils tested, and we've received a clean lab report. The backfilling of the holes will be done by the plaza contractor. The cost of the remediation was right at $29,000. Community Center: We met with representatives from Clark Condon on Wednesday to begin the process for evaluating a new community center. They plan on having several focus group meetings, to include meeting with the Save the Pavilion folks, meetings with staft~ and at least two public meetings in order to determine the layout and location of the facility. K9 drug bust: Last night our newest K9 member, Lodka, who was just certified last week, discovered 2.3 grams of crack cocaine inside a false lid on a soda can during a traffic stop. Houston Chronicle: 1 received, and responded to, an inquiry from Carol Christian with the Chronicle regarding the City's position on the Sylvan Beach pavilion. 1 basically told her that the City was evaluating our options. She obviously had been prompted by the Save the Pavilion group. URS Invoice Date Invoice Project Page 01/09/10 4118701 25009951 2 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endinq 10/30109 Federal Tax ID No.: 94-1716908 Task: 50000 Phase Four Task: 60000 Geotechnical~.upport 3% Communication Fee TOTAL THIS INVOICE SERVICES 815.00 81.25 EXPENSES 4,010.60 0.00 896.25 4,010.60 TOTAL 4,825.60 81.25 130.79 - $4,9~7 .64 USD Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. RATE AMOUNT 175.00 175.00 65.00 130.00 105.00 210.00 75.00 300.00 ,- '~ 815.00 815.00 AMOUNT 3,600.00 3,600.00 360.00 3,960.00 URS Invoice Date Invoice Project Page City of La Porte AUn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endina 10/30/09 Task: 50000 Phase Four LABOR HOURS Wardrop, Charles D Houston, Christie 0 Helm, James M Ferrell, Billy R 1.00 2.00 2.00 4.00 ""'J Subtotal 9.00 Total Labor CONSULTANTS Berkenbile Landscape Architect rr ~ (a~~ ,.~ Subtotal Consultants Plus 10.000% of 3,600.00 Total Consultants TRAVEL Helm, James M Total Travel Total due this task 01/09/10 4118701 25009951 3 AMOUNT 50.60 50.60 4,825.60 Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. F25530558 URS Invoice Date Invoice Project Page 10/14/09 4082964 25009951 2 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For. City of LaPorte - Five Points Plaza Professional Services for Period Endino 10102/09 Federal Tax ID No.: 94-1716908 Task: 50000 Phase Four I' 3% Communication Fee TOTAL THIS INVOICE SERVICES 2,152.50 EXPENSES 336.72 2,152.50 336.72 TOTAL 2,489.22 .. 64.58 ~ $2,553.80 USD Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS Invoice Date Invoice Project Page 10/14/09 4082964 25009951 3 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endina 10/02/09 Task: 50000 Phase Four Wardrop, Charles D O'Brien Jr, William M. Helm, James M Ferrell, Billy R 3.00 9.00 4.50 1.00 RATE AMOUNT 175.00 525.00 120.00 1,080.00 105.00 472.50 75.00 75.00 2,152.50 2,152.50 AMOUNT 308.70 308.70 28.02 336.72 Total due this task 2,489.22 PRIOR TO-DATE 11,877.91 14,367.13 LABOR HOURS Subtotal 17.50 Total Labor TRAVEL O'Brien Jr, William M. Subtotal Travel Plus 9.077% of 308.70 Total Travel Task Totals CURRENT 2,489.22 CUMULATIVE BILLINGS Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. F23987097 URS Invoice Date Invoice Project Page 09/23/09 4044492 25009951 2 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endinq 08/28/09 Federal Tax 10 No.: 94-1716908 Task: 50000 Phase Four Task: 55000 Audio Wi-fi 3% Communication Fee TOTAL THIS INVOICE SERVICES 916.25 0.00 EXPENSES 0.00 297.00 916.25 297.00 TOTAL _916.25 297.00 27.49 $1,240.74 USD Please contact Diane C McConnon at (713) 914-6654 or via em ail atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS.......................'.... . '." . . . ..~ .... ,", ,", ': ".j '. . . Invoice Date Invoice Project Page 08/06/09 4005973 25009951 2 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period EndinQ 07/31/09 Federal Tax ID No.: 94-1716908 1,902.50 1,221.00 TOTAL 3,123.50 ~1:08. $3,180;58 USD Task: 50000 Phase Four 3% Communication Fee TOTAL THIS INVOICE SERVICES 1,902.50 EXPENSES 1,221.00 {- Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. ," Invoice Date Invoice Project 'Page 08/06/09 4005973 25009951 3 City of La Porte Attn: Pat Muston Accounts Payable 604 West FairmontParkway LaPorte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endino 07/31109 Task: 50000 Phase Four Wardrop, Charles 0 Martin, Bradley D MacKay, Patrick G Houston,Christie 0 Helm; JamesM Ferrell, BillyR 6.00 3.00 2.00 1.00 0.50 4.00 RATE AMOUNT 175.00 1,050.00 75.00 225.00 105,00 210.00 65.00 65;00 105.00 52.50 75.00 30C) ,00 1,902.50 1,902.50 AMOUNT 1,050.00 66.00 1,116.00 105.00 1,221.00 Total due this task 3,123.50 LABOR HOURS Subtotal 16.50 Total Labor EXPENSES CJ Hensch &Associateslnc Pops Courier Subtotal Expenses Plus 9.409% of 1,116.00 Total Expenses Task Totals CURRENT 3,123.50 PRIOR 7,838.16 TO-DATE 10,961.66 CUMULATIVE BilLINGS Please contact Diane C McConnon at (713) 914-6654 or via email atOiane_McConnon@urscorp.com if you have any questions regarding this invoice. F22704416 . . URS.....". . . .. . . . . . ", . ',' j Invoice Date Invoice Project Page 07/17/09 3965032 25009951 2 city of La Porte Attn: Pat Muston Accounts Payable . 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA F.or: City of LaPorte - Five Points Plaza Professional Services for Period EndinQ 07/03/09 Federal Tax ID No.: 94-1716908 .' Task: 50000 Phase Four 3% Communication Fee '. TOTAL T~.S INVOICE SERVICES 1,390.00 EXPENSES 229.14 1,390.00 229.14 TOTAL 1,619.14 ~l.r() , $1~660.84 :USD Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. . .. , URS' , . ' . ':.'. , '. , ' ' , , . - , ' city of La Po'rte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endina 07/03/09 Task: 50000 Phase Four LABOR Invoice Date Invoice Project Page HOURS ,RATE 07/17/09 3965032 25Q09951 3 AMOUNT Wardrop, Charles D Titus, Felecia N Martin, Bradley D MacKay, PatrickG , Helm, James M '1.00 0.50 6.00 6.00 1.00 175.00 60.00 7~.00 · 105.00 105.00 175.00 30.00 450.00 630.00 105:00 Su blotal 14.50 1 ~390;00 .Total Labor TRAVEL Wardrop, Charles D Total Travel EXPENSES Ikon Office Solutions Subtotal Expenses Plus 10.000% of 66.56 Total Expenses 1 :~390~OO AMOUNT 155.92 '155.92 t AMOUNT 66.56 Total due this task 66.56 6.66 ~7.3.22 t .1,619.14 Please contact Diane C McConnon at (713) 914-6654 or via emait at Diane.:..McConnon@urscorp.com , If you have allY questions regarding this invoice. , F22324033 ' URS Invoice Date Invoice Project Page 06/19/09 3924807 25009951 2 City of La Porte Atto: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endino OS/29/09 Federal Tax ID No.: 94-1716908 552.50 9,110.82 TOTAL -521.68 9,835.00 350.00 Q.E;:~~. $9,679.90 USD Task: 50000 Phase Four Task: 55000 Audio Wi-fi Task: 60000 Geotechnical Support 3% Communication Fee TOTAL THIS INVOICE SERVICES -1,052.50 1,255.00 350.00 EXPENSES 530.82 8,580.00 0.00 Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS Invoice Date Invoice Project Page 06/19/09 3924807 25009951 3 City of La Porte AUn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period EndinQ OS/29/09 Task: 50000 Phase Four LABOR HOURS RATE AMOUNT Wardrop, Charles D 2.00 175.00 350.00 McConnon, Diane C 1.50 65.00 97.50 Ferrell, Billy R -20.00 75.00 -1,500.00 Subtotal -16.50 -1,052.50 Total Labor -1,052.50 EXPENSES AMOUNT Wardrop, Charles D 482.56 Subtotal Expenses 482.56 Plus 10.000% of 482.56 48.26 Total Expenses ~~9~~2 . Total due this task -521.68 CUMULATIVE BILLINGS CURRENT PRIOR TO-DATE Task Totals -521.68 6,740.70 6,219.02 Please contact Diane C McConnon at (713) 914-6654 orvia email atDiane_McConnon@urscorp.com jf you have any questions regarding this invoice. F21746786 URS......... .... . . .. . Invoice Date Invoice Project Page City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Ending 05/01/09 Federal Tax 10 No.: 94-1716908 Task: 50000 Phase Four Task: 55000 Audio WHi Task: 60000 Geotechnical Support 3% Communication Fee TOTAL THIS INVOICE SERVICES 5,Q80.00 1,811.50 16.25 EXPENSES 1.103.20 6,490.00 0.00 . 6,907.75 7,593.20 05/11/09 3889381 25009951 2 TOTAL 6,183.20 8,301.50 16.25 ~Z,~3 . $14,708.18 USO Please contact Diane C McConnon at (713) 914-6654 or via amail at Diane_McConnon@urscorp.com if you have any questions regarding this invoice. URS......... . . .' . . . - . . . . City of La Porte Altn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endina 05/01/09 Task: 50000 Phase Four LABOR Invoice Date Invoice Project Page HOURS Yarborough, Amy 0 Wardrop, Charles 0 Walker, Violet M MacKay. Patrick G Hu, Huijun Helm, James M Ferrell, Billy R Cineo, Moises A Bowman-Webb, Loetta 1.00 7.00 2.50 9.00 1.00 4.00 23.00 3.50 0.50 Subtotal 51.50 Total Labor TRAVEL O'Brien Jr, William M. Wardrop, Charles D TotaJ Travel EXPENSES Wardrop, Charles D Subtotal Expenses Plus 10.000% of 620.00 05/11/09 3889381 25009951 3 AMOUNT 620.00 620.00 62.00 Please contact Diane C McConnon at (713) 914-6654 or via email atDlane_McConnon@urscorp.com if you have any questions regarding this invoice. . F20988735 URS........................... ... . . . Invoice Date Invoice Project Page 04/1 0/09 3799434 25009951 2 City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endina 02/27/09 Federal Tax 10 No.: 94-1716908 SERVICES EXPENSES TOTAL Task: 10000 Phase One 3,555.00 0.00 3,555.00 Task: 20000 Phase One A 315.00 0.00 315.00 Task: 30000 Phase Two 794.00 0.00 794.00 Task: 40000 Phase Three 2,732.50 116.81 2,849.31 Task: 50000 Phase Four 32.50 0.00 32.50 Task: 55000 Audio Wi-fi 715.00 0.00 715.00 Task: 60000 Geotechnical Support 32.50 0.00 32.50 3% Communication Fee ~45fiilO J TOTAL THIS INVOICE 8,176.50 116.81 $8,538.61 USD :,/e. Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS Invoice Date 04/10/09 Invoice 3799434 Project 25009951 Page 6 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Task: 40000 Phase Three LABOR HOURS RATE AMOUNT Wardrop, Charles D 1.00 175.00 175.00 O'Brien Jr, William M. 11.00 120.00 1,320.00 McConnon, Diane C 0.50 65.00 32.50 Malgapo, Paquito L 1.00 75.00 75.00 Ferrell, Billy R 9.00 75.00 675.00 Christensen, Leanne M 7.00 65.00 455.00 Subtotal 29.50 2,732.50 Total Labor 2,732.50 TRAVEL AMOUNT -~~ Wardrop, Charles 0 116.81 ~ .... t Total Travel ~~ .>~ Total due this task 2,849.31 CUMULATIVE BILLINGS CURRENT PRIOR TO-DATE Task Totals 2,849.31 86,822.50 89,671.81 Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS......... ..... .' ,- '.... .... - ; , .. .. .. City of La Porte Attn: Pat Muston Accounts Payable 604 West Falrmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period EndinQ 02/17/09 Federal Tax 10 No.: 94-1716908 Task: 10000 Phase One Task: 20000 Phase One A Task: 30000 Phase Two Task: 40000 Phase Three Task: 50000 Phase Four Task: 55000 Audio Wi-fi Task: 6000Q Geotechnical Support \~% Gommunicatjpn I;ee TOTAL THIS INVOICE SERVICES 0.00 16,877.50 52,074.75 86,822.50 525.00 700.00 525.00 157,524.75 Invoice Date Invoice Project Page EXPENSES 850.85 4.510.00 561.97 0.00 0.00 0.00 0.00 5,922.82 02120/09 3784018 25009951 2 TOTAL 850.85 21,387.50 52,636.72 86.822.50 525.00 700.00 525.00 .~~.:il' $168,173.31 USD Please contact Diane C McConnon at (713) 914-6654 or via em ail atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS. , " , -," .,. . .' . . .~.., .~ ::, ' ": -. .' ,..';" " " , " ' City of La Porte Attn: Pat Muston Accounts Payable 604 West Falrmant Parkway La Porte TX 77571 Invoice Date Invoice Project Page Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period EndinQ 02/17/09 Task: 10000 Phase One TRAVEL O',arien Jr, V\lilliam M. Wardrop, Charles 0 Subtotal Travel Plus 5.676% of 590.17 Total Travel EXPENSES Ikon Office Solutions NGI Digital Pops Courier Subtotal Expenses Plus 3.348% of 219.82 Total Expenses CUMULA liVE BILLINGS Task Totals Total due this task CURRENT 850.85 PRIOR 31,938.74 02120/09 3784018 25009951 3 AMOUNT 440.80 149.37 590.17 33.50 ~2.3JF, . AMOUNT 69.66 3;86 146.30 219.82 7.36 jH'~27.~8 , 850.85 TO-DATE 32,789.59 Please contact Diane C McConnon at (713) 914-6654 or via emaiJ at Diane_McConnon@urscorp.com if you have any questions regarding this invoice. F19322283 uas......-. , , k ," :.'", ". :1=.. ..: . .-. " ",. ,. .... ,', " oJ _ . Reference: Signed PSA Invoice Date , Invoice Project Page 02120/09 3784018' 25009951 5 For: City of LaPorte - Five Points Plaza Task: 30000 Phase Two Subtotal HOURS RATE AMOUNT 3.00 180.00 540.00 44.00 175.00 7,700.00 83.00 81.00 6,723.00 16.00 65.00 1,040.00 2.00 120.00 240.00 24.00 92.00 2,208.00 9.00 65.00 585.00 2.00 60.00 120.00 0.75 60.00 45:00 '4.75 65.00 308.75 102.00 105.00 10,710.00 43.50 105.00 4,567.50 1.00 105.00 105.00 50.00 75.00 3;150.00 37.50 75.00 2,81~,50 6.00 120.00 720;00 58.00 120;00 6;960~00 14,00, 210.00 2,940:00 500;50 52,074.75 52,074.75 AMOUNT 145.99 45.98 370.00 ~.~1.97 , Total due this task 52,636.72 LABOR Widacki, Anthony J Wardrop, Charles D Tucker, James A Thurman,'Jonn W Roszko, Timothy J Rose, Dallas E Palmer, Nicole L Ontiveros Jr, Gilberta McDonald, Lauren M McConnon, Diane C Hu, Huijun , Helm, James M Hart, Joseph R Ferrell-;BillyR Fawvor, Peter D CabiElge, David K. Burke, Edward F Broberg, Bruce A Total Labor TRAVEL Burke, Edward F Hu, Huijun O'Bnen Jr, William M. Total Travel Please contact Diane C McConnon at (713) 914-6654 or via email atDianeMcConnon@urscorp.com .. . if you have any questions regarding this invoice.- URS Invoice Date Invoice Project Page City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for period EndinQ 11/21/08 Federal Tax to No.: 94-1716908 Task: 10000 Phase One Task: 20000 Phase One A Task: 30000 Phase Two 3% Communication Fee TOTAL THIS INVOICE SERVICES 31,880.25 1,325.00 350.00 EXPENSES 58.49 0.00 0.00 33,555.25 58.49 11/25/08 3668163 25009951 2 TOTAL 31,938.74 1,325.00 350.00 8UQQe;pp ., $34,620.40 USD Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. URS City of La Porte Attn: Pat Muston Accounts Payable 604 West Fairmont Parkway La Porte TX 77571 Reference: Signed PSA For: City of LaPorte - Five Points Plaza Professional Services for Period Endinq 11/21/08 Task: 10000 Phase One LABOR Invoice Date Invoice Project Page HOURS RATE 11/25/08 3668163 25009951 3 AMOUNT Wardrop, Charles D Rose, Dallas E O'Brien Jr, William M. Noullet, Norman L McConnon, Diane C Helm, James M Fischbach, Garry L. Famer, Peter D Estes, Robert M Chappell, Carvelle G Cabage, David K. Bowman-Webb, Loetta 35.00 17.00 118.50 0.50 7.75 20.50 15.00 61.50 5.00 5.00 4.00 0.75 175.0Q 92.00 120.00 75.00 65.00 105.00 81.00 75.00 120.00 65.00 120.00 60.00 6,125.00 1,564.00 14,220.00 37.50 503.75 2,152.50 1,215.00 4,612.50 600.00 325.00 480.00 45.00 Subtotal 290.50 31,880.25 Total Labor TRAVEL Wardrop, Charles D Total Travel Total due this task 31,880.25 AMOUNT 58.49 ~5a.49 J 31,938.74 Please contact Diane C McConnon at (713) 914-6654 or via email atDiane_McConnon@urscorp.com if you have any questions regarding this invoice. F17598673 ..... ..... o f-- M > ~-- 41 n: f-. l"- e:> e:> N 05 e:> . l J~t D ..- g L. I"- ~ I t) <( . . . . . . . .... J!! 8 ~-:- III >- C ::> I- Z 6 ~ a ~ ~ 0 - g '" >- .... " .. c: .Q .Q ~ C E " .., ::I () Z ... 'c => ~ ~ ~ .c m " .0: ... .. '" "Cl .. :;; ::I III c C i c " Q. .ll o Z ... C ::I C " " c:( .. "8:i" o .. 1ii~ c- o o 8. -:- ~ >- C '" I- Z '" ~5 0- ... 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'" I" 0"- URS - Reimbursables Expenses Project 25009951 - 5 Points Plaza Invoices Received/Processed by City Invoice Date 1/9/2010 Invoice # Cost Description Billing Period October-09 4118701 10/14/2009 Communication Fee/Travel/Sub Consultant September-09 4082964 Communication Fee/Travel 9/23/2009 August-09 4044492 Communication Fee 8/6/2009 7/17/2009 6/19/2009 July-09 4005973 Communication Fee/Courier June-09 3965032 Communication Fee/Travel/Printing May-09 3924807 Communication Fee/Prints April-09 3889381 Communication Fee/Travel February-09 3799434 Communication Fee/Travel 5/11/2009 4/10/2009 2/20/2009 January-09 3784018 Communication Fee/Travel/Prints/Courier 11/25/2008 November-08 3668163 Communication Fee/Travel URS - Internal Direct/Indirect Costs Cost Description Time Period HCTRA-Tolls Entire Project A/E Plots & Prints October-08 A/E Plots & Prints December-08 A/E Plots & Prints January-09 AlE Plots & Prints February-09 A/E Plots & Prints/Sub March-09 Mileage October-09 Mileage November-09 Mileage December-09 Mileage January-10 Mileage February-lO Mileage March-lO Costs 4,041.39 429.32 27.49 1,278.08 270.84 547.40 1,310.43 362.11 6,138.56 1.065.15 $15,470.77 Costs 504.00 324.00 336.00 360.00 384.00 624.00 528.00 528.00 528.00 480.00 480.00 200.00 $5,276.00 $20,746.77 SUBTOTAL GRAND TOTAL Meeting Handout a skins & askins p.c. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins April 27, 2010 via email Charles Engelken, Jr. Chairman, Fiscal Affairs Committee Daryl Leonard Tommy Moser Louis Rigby Gentlemen: You have requested my opinion on the application of conflict of interest law to directors of an economic development corporation. I enclose a copy of page 11, Conflict of Interest Laws", a Attorney General. paragraph 26, from "2008 manual published by the Texas Texas As you can see, the Attorney General states that Chapter 171 of the Texas Local Government Code does not apply to the directors of an economic development corporation, such as the City of La Porte Development Corporation. Development corporations are non-profit corporations, under the Texas Non-Profit Corporation Act. I also enclose a copy of page 6, article 5, paragraph 5.03, "Potential Conflicts of Interest", from the bylaws of the city of La Porte Development Corporation. As you can see, the bylaws "declare" that the members of the board of directors of the development corporation are local public officials within the meaning of Texas Local Government Code Chapter 171. Therefore, in my opinion, the directors of the city of La Porte Development Corporation are not covered public officials under Texas Local Government Code, Chapter 171. However, members of the board of directors of the City of La Porte Development Corporation are bound by the provisions of Article 5, "Potential Conflicts of Interest", section 5.03, of the corporate bylaws. 702 W. Fairmont Parkway, P.O. Box 1218. La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax . knoxaskins@comcast.net . ctaskins@swbell.net ......""'_,,'"""_~."'"'..~..,'.,., ....., _"O~_,.......___~__,.__.-~"'~_.~--'-~..>-~_. Charles Engelken, Jr. April 27, 2010 page 2 YO~trulY' Knox W. Askins City Attorney City of La Porte KWA: sw Enclosures cc: via email Ron Bottoms city Manager City of La Porte Clark T. Askins Assistant city Attorney City of La Porte 4) Serving as a Surety for Local Official Bonds: Acting as a surety on any official bond that is required for an official ofagovernmental body of the local entity.66 Violation of any of the above four items can be prosecuted as a class A misdemeanor67 and is 'punishable by a fine not to exceed $4,000 and/or up to one year in jai1.68 Whether to prosecute an alleged violation of the conflict of interest laws is subjectto theprosecutorial discretion of the local district attorney or prosecuting criminal county .attorney, The Attorney General does not have original jurisdiction to prosecute violations of conflict of i:p.terest laws by public officials. V 26. Does the conflict of interest law apply to dtrectors of an economic development corporation? Chapter 171 of the Local Government Code does not apply to the directors of an economic development corporation created under the Development Corporation Act of 1979 because such corporations are not considered to be goveinmental entities.69 However, state laws governing corporations may have their own provisions goverriing certain conflicts. For instance, the Texas Non-Profit Act prohibits loans being made by the corporation to its director.7o "If a loan is made to a director, the directors who vote for niakiJigcthe Imiif.and'anY'officers participating in making the loan, 'shall be jointly and severally liable to the corporation for the amount of such loan 'until repayment thereof.",71 A corporation's board members should also check the corporate bylaws for any discussion of board conflicts. " .in : '. . 'v'.', ,....:. ';j ,". ",,_ 27. Do the conflict of interest'laws}lPpJy't(fboaid members of a municipal utility district? .' . ,:' "";.;:"':" .', ) Yes, Chapter 171 of the Local Government Code. does apply tomembers of a municipal utility district (MUD).72 MUD board members may not partlQipate ill i vote on a'matter involving a business entity or real property if they have substantial interests in the matter and it is reasonably foreseeable that action on the matter would confer an economic benefit on ,the business entity or real property.73 Chapter 171 also imputes to a MUD bbardrtreYnberthe 'stibstantiai interests of certain near relatives in a business entity or real property. 74 'J.., ......;: . i ;.'l ',. : ~-' . ) 66 Id. 9 171.00(a)(3). 67 Id.9 17L003(b). 68 TEX. PEN. CODE ANN. 9 12.21 (Vernon 2003). . 69 TEX. REv: Cry. STAT. ANN. art. 5190.6 922 (Verp;oh Sl!P'P' 2R08), (t9 be codified at TEX Loc. GOV'T CODE ANN. 9 501.207 (Vernon Supp. 2008), eff~ctive April 1, 2009); Op. Tex:1\tt'y qen. JC-338 (2001). 70 Id. art. 1396-2.25(A) (Vernon Supp. 2008). .. , "" , 71 Id. art. 1396-2.25(B); Op. Tex. Att'y Gen. 'JC-33'~(i,001)." 72 Opt Tex. Att'y Gen. JC-184 (2000). '. ;,"~,:, ,,' 73 Id. 74 Id. 2008 Texas Conflict ofInterest Laws Made Easy. Office of the Attorney General 11 II \ 1 // l) " ( + Compensation of Officers 4.07. The officers shall not receive any salary or compensation for their services. Officers may be reimbursed for their actual expenses incurred in the performance of their duties. Travel expenses shall be reimbursed under the City's travel policy. ARTICLE V TRANSACTIONS OF THE CORPORATION Contracts Z9cQ1. .T:re,E3R~f~()fQirect9rs may authorize any officer or agent ofthe'Corp.9f?ti()r1,to.enter 'intoCl cqntractor ~xe8ute,and deliver any instrument in the l1alTleof()r9npet!~lfClnhe 'CorPoration., This authority may be limited to a specific contract or instrumental' i(may extend to any number and type of possible contracts and instruments. ; D-epository Bank .,,;; "1::': , / 5.02. All funds of the Corporation shall be deposited with the City's depository bank. ~~i~' ..:1 Potential Conflicts of Interest '~;i . ~J 5.03. The members of the Board of Directors are local public officials within the meaning of Texas Local Government Code Chapter 171. If a director has a substantial interest in a business entity or real property which is the subject of deliberation by the Board of Directors, the director shall file an affidavit with the secre~ary of the Corporation stating the nature and extent of the interest. Such affidavit shall be filed prior to any vote or decision upon the matter by the Board of Directors, and the interested director shall abstain from any vote or decision upon the matter. Council Approval 5.04. The Board of Directors shall obtain prior City Council approval of all re.BI ~s!.ate aCQuisitions, real 'estate leases for .over one year and or any long-term leases' --- . J!s1!e~rtieotS:'6Ver'$t5 "OOe'!OO:~'and'bondissuesor~othef.'tfe ," "'Xl. e. NCii h, :-"~")'::>',_""'-__":'\' :::-"_'.-::__ ,_ " ,,' "" _' '. ,', _ :'_",,<'__ _ , ,- , ", ,.:. , ..~~.:::::":::,,,.;:,:,"'''..:(''"\:~::...'r:. :,".,.:...",,:..~.,::~:." -~':~B~it~;()f[?ir~ctors' $Ilall have the authority}o enterint, ~~~~~cti?~~ith().qt-prior City' councilapprovemendrnents.tbc{he oythe City CouncIL...,;. --- (' 6