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OKAY.[I. INVOCATION, PLEDGE & ROLL CALL]
EVENING.SHE EVER WON BOTH PHYSICALLY PRESENT HERE AND VIRTUALLY, UH, THIS IS A SPECIAL JOINT MEETING OF THE CITY OF PORT ARTHUR CITY COUNCIL AND THE EDC BOARD OF DIRECTORS.
UH, THE COUNCIL AND BEC WILL BE CONDUCTING, UH, WE'LL CONDUCT, UH, THIS JOINT SESSION ON TODAY, WHICH, UH, AFTER YOU BEGAN IN PRESENT IN THE ROOM AT 5:00 PM CENTRAL STANDARD TIME ON TODAY, TUESDAY, JANUARY 25TH, 2022.
NOW THE MEETING MAY BE ACCESSED BY TELEPHONIC AND BY VIDEO CONFERENCE.
AND IN ADDITION TO ALLOWING IN PERSON, UH, ATTENDANCE, UH, CORUM OF THE CITY COUNCIL AND THE EDC WILL BE, UH, MUST BE AND WILL BE PHYSICALLY PRESENT HERE IN THE CITY COUNCIL CHAMBERS, UH, ON THE FIFTH FLOOR HERE AT 4 44 FOURTH STREET IN THE CITY OF PORT ARTHUR, TEXAS.
AND AS I STATED EARLIER, THE PUBLIC MAY PARTICIPATE IN THIS MEETING OR IN PERSON OR BY DIALING ONE OF THE FOLLOWING NUMBERS, UH, 8 7 7 8 5 3 5 2 4 7 OR 8 8 8 7 8 8 0 0 9 9.
AND YOU WOULD ENTER THE MEETING ID OF 8 9 5 2 8 1 2 2 8 9 8 AND THE PASS CODE OF 0 2 3 4 8 4.
AND WE WERE ALSO IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT.
AND WE WILL PROVIDE FOR REASONABLE ACCOMMODATIONS FOR PERSONS WHO WANT TO ATTEND THE MEETING AND NEED THE ACCOMMODATIONS.
HOWEVER, A REQUEST MUST BE MADE 24 HOURS PRIOR TO THE MEETING FOR THAT BEQUEST TO BE HONORED.
AND YOU MAKE THAT REQUEST BY CALLING THE CITY SECRETARY OF THE OFFICE AT 4 0 9 9 8 3 8 1 1 5.
THIS TIME, I'M GOING TO ASK THAT IF YOU ARE PRESENT HERE PHYSICALLY IN THE CHAMBERS AND YOU HAVE ELECTRONIC DEVICES, WOULD YOU PLEASE MUTE THEM AT THIS JUNCTURE AND STAND AND HOW THE INVOCATION AND THE PLEDGE AND FOLLOWING THAT WE WILL HAVE THE, UH, HORRIBLE ALL NAIL POLISH ON WITH YOU NEEDED AN INVOCATION.
PLEASE LET US BOW ALL WISE, ANY ETERNAL GOD, OUR FATHER, HOW GRATEFUL WE ARE YET AGAIN FOR ANOTHER DAY.
WE THANK YOU FOR THIS WONDERFUL AND BLESSED OPPORTUNITY TO COME BEFORE YOU ON TODAY INTO THE, TO DO THE BIDDING OF OUR CITY.
WE PRAY THAT GOD, YOU WOULD LEAD US AND GUIDE US.
NOW KEEP US AND HOLD US IS OUR PRAYER IN JESUS' MIGHTY NAME.
HEY MAN, YOU PLEASE Y'ALL WAS IN UNISON FOR THE PLEDGE OF ALLEGIANCE UNITED STATES FLAG OF THE UNITED STATES.
AND WE SAY ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL CITY SECRETARY, WOULD YOU BE SO KIND AS TO ESTABLISH THE QUORUM FOR A BOAT, THE COUNCIL, AND FOR THE EDC BOOK, MAYOR BARR T MAYOR PROTEIN, FRANK PRESENT COUNCIL MEMBER HOLMES, HOUTS MEMBER JONES, COUNCIL MEMBER, PIN LAW, COUNCIL MEMBER MARKS, COUNCIL MEMBER, MOSES.
YOU HAVE A CORE ON MAN FOR THE EDC, DARRYL ANDERSON, BEVERLY RAYMOND, CHRISTOPHER SMITH, MICHELLE HARRIS, SAPRINA, FRANK GERRY, LUBBOCK, RHONDA CONNOR.
YOU HAVE A QUORUM EDC DIRECTLY.
OKAY, MR. HALL, YOU HAVE A COURT.
UH, WE ARE HERE IN THIS SPECIAL MEETING ON TODAY AND I'D LIKE TO TAKE A EXECUTIVE PRIVILEGE ATTORNEY IF I MAY.
UH, WE HAVE TWO COUNCIL MEMBERS WHO WILL NOT PRESENT COUNCILMAN MARKS, UH,
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PETTY CAB, HIS BROTHER, UH, RALPH LIFE-FLIGHTED OVER TO UT MB AND UH, CLEAR LAKE.HE HAS SOME ISSUES WITH, UH, HEMORRHAGING, UH, IN HIS CRANIUM AND, UH, ALSO COUNCILWOMAN HALL, UH, HOMES CALLED AND SHE IS FEELING A LITTLE UNDER THE WEATHER.
SO THOSE WHO ARE NOT HERE TODAY BECAUSE OF THOSE REASONS, I WOULD LIKE TO STATE THAT PRIOR TO OUR BEGINNING OF THE MEETING.
[II. 1. To Discuss The Position Of The Chief Executive Officer Of The PAEDC]
WE HAVE A DISCUSSION ITEMS THAT WE WERE MOVED TO IN THIS PUBLIC SESSION.OUR FIRST DISCUSSION ITEM IS TO DISCUSS THE POSITION, THE POSITION OF EXECUTIVE OFFICER OF THE P A E D C.
DO WE HAVE A, UH, EDC BOARD MEMBER WHO HAD PLANNED TO DO THAT? OKAY.
MR. DUVALL HAVE A SHORT MESSAGE HERE.
UH, MY NAME IS JERRY ELBOW CHAIR.
UH, I JUST WANTED TO LET Y'ALL KNOW ALL ITEMS BROUGHT TO THE COUNCIL TODAY HAS BEEN, HAD A UNANIMOUS VOTE FROM THE EDC BOARD.
AND, UH, I GUESS IF Y'ALL NEED TO DISCUSS ANYTHING ELSE, THAT'S FINE WITH US.
THAT'S ALL YOU HAVE TO SAY ON THERE, MAN.
DOES ANYONE HAVE ANY QUESTIONS FROM THE COUNCIL TO MR. BOULEVARD TO EDC BOARD? NO.
UH, CASA WOMAN, UH, MOSES MAY I SEE THAT WE HAVE AN EXECUTIVE SESSION, UM, TO DELIBERATE THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER FOR THE PORT ARTHUR EDC.
SO WE'RE GONNA GO INTO, SO THAT WAY WE CAN, I'M NOT GOING TO HAVE ANY ACTION ON IT BECAUSE WE DON'T, WE DIDN'T TAKE ACTION, BUT WE WOULD BE ABLE TO DEFEND.
YEAH, WE CAN COME BACK WITH ACTION IF WE NEED TO, CAN'T WAIT TO SEE THE ATTORNEY.
IF YOU GO INTO EXECUTIVE SESSION, ANY ITEM IN EXECUTIVE SESSION CAN COME BACK.
AND THEN YOU CAN COME BACK WITH YOUR RESOLUTION, WHICH IS IF YOU CHOOSE, BUT Y'ALL JUST CAN, YEAH.
ANYTHING, ANY EXECUTIVE SESSION CAN BE ACTED ON POINT OF ORDER AS WELL.
MR. MR. MAYER AT THE PREVIOUS MEETING, WE TABLED THE EDC DIRECTOR, WHICH MEANS THAT IT'S GOING TO COME UP AT THE NEXT MEETING.
SO IT HAS TO COME UP EITHER AT THE NEXT REGULAR MEETING OR, OR THIS MEETING.
BUT AFTER WE DISCUSS WITH, WITH THE EXECUTIVE SESSION, WITH THE BOARD, THAT'S WHAT WE'RE SUPPOSED TO BE DOING.
THAT'S WHAT I THOUGHT WE WERE GOING TO GO INTO A CLOSED SESSION TO TALK ABOUT THAT.
AND SO ANYTIME YOU GO IN, WE CAN COME OUT WITH, IF WE HAVE A, WE HAVE A MAJORITY OF BOARD HERE, WE HAVE FIVE MEMBERS.
WE CAN COME BACK WITH AN ACTION ITEM OUT OF EXECUTIVE SESSION.
[II. 2. To Discuss A Proposed Grievance Process For Complaints Of Harassment And Appeals Of Discipline As An Addendum To The City Of Port Arthur' s Code Of Ordinances]
UH, NEXT WE HAVE, UH, ITEM NUMBER TWO DISCUSSION ITEM TO DISCUSS THE PROPOSED GRIEVANCE PROCESS, UH, FOR COMPLAINTS OF HARASSMENT AND APPEALS OF DISCIPLINE AS AN ADDENDUM TO THE CITY OF PORT AUTHORS, CODE OF ORDINANCES, MR. BULLOCK, UM, THIS ITEM I UNDERSTAND THAT WAS TABLED OR DISMISSED LAST COUNCIL, BOARD MEMBERS, THAT BOARD MEETING.IS THAT CORRECT? MAYER? I'M SORRY.
BUT, UM, I HAVE TO FOLLOW THE ACTUAL, UH, YES SIR.
SO WHAT I'M DOING THIS, THE MAYOR, IF I'M A MAN, I DON'T THINK THAT THIS ITEM IS IN FOR EXECUTIVE SESSION.
SO A CITY ATTORNEY, CAN YOU DIRECT US? AND WE, WHAT WE, WE TABLE THIS, THE REASON WE TABLED IT, UM, UH, REMOVED IT FROM THE AGENDA.
WHAT DID WE DO GIVE OUT? I DON'T REMEMBER.
UM, THE FIRST, WHEN THE ITEM CAME UP, WE'VE HAD SOME DISCUSSION ABOUT, UH, WHETHER THE EDC SHOULD COME UP WITH ITS OWN PERSONNEL POLICY, A DRAFT PERSONNEL POLICY WAS SUBMITTED.
AND, UH, THEN WE, UH, THEY, THEY INDICATED THAT INSTEAD OF HAVING A PERSONNEL POLICY AS AN ADDENDUM TO OUR CITY CODE OF ORDINANCES, THAT THEY WOULD JUST HAVE TO WANT TO HAVE A GRIEVANCE AND COMPLAINT PROCESS.
SO THAT IS THE PROPOSAL THAT'S ON THE TABLE INSTEAD OF HAVING A FULL PERSONNEL POLICY, THAT THEY WOULD JUST HAVE A POLICY TO ADDRESS GRIEVANCES AND COMPLAINTS OF HARASSMENT.
UH, THE LEGAL DEPARTMENT DID SOME EDITS, UH, AS WELL AS THEIR ATTORNEY WORKED ON IT AS WELL.
SO THIS WILL JUST BE A GRIEVANCE PROCESS IS WHAT'S BEING PROPOSED TO ADDRESS, UH, WHAT WOULD HAPPEN IF SOMEONE HAD A GRIEVANCE AND HOW COMPLAINTS OF ALL FORMS OF HARASSMENT WOULD BE HANDLED.
SO MY QUESTION IS, WERE WE, WE GOT, WE'RE GOING TO DISCUSS, WE PUT IT ON THE AGENDA TO DISCUSS AND OPEN SESSION.
SO WE WOULD KNOW WHERE WE WERE
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GOING WITH THIS ON TONIGHT IN A JOINT MEETING.SO WE CAN GET CLARITY ON WHAT WE'RE DOING AS A COUNCIL AND IN CONJUNCTION WITH THE, UM, THE EDC BOARD.
SO IS THERE SOMEONE GOING TO EXPLAIN, UH, THEY'D LIKE TO EXPLAIN WHAT THEIR PROPOSAL IS THERE, THE EDCS PROPOSAL? UM, I KNOW IT'S, UH, MR. GARZA, I THINK HE THERE, OR WHOEVER'S AVAILABLE.
OH, I THINK HIS HAND ON SARAH MARIN COUNCIL AND EDC BOARD, UM, AS THE CITY ATTORNEY POINTED OUT, INITIALLY WHAT WAS DRAFTED WAS TO HAVE ITS OWN INDEPENDENT, EASY TO HAVE ITS OWN AND PERSONNEL POLICY.
BUT WHEN WE DID THE CITY ATTORNEY, I DID POINT OUT TO THE BOARD THAT THE CDC BYLAWS BASICALLY STATE THAT YOU NEED TO SEE EMPLOYEES WILL COMPLY WITH THE CITY'S PERSONNEL POLICY.
SO INSTEAD OF MAKING THAT A FULL EDC POLICY AS AN AGENDA, THE ONLY ISSUES THAT REALLY CAME INTO PLAY IT REALLY NEEDED TO BE ADDRESSED WAS THE FACT THAT THE DISCIPLINE OF THE DISCIPLINARY APPEALS PROCESS FOR CITY EMPLOYEES WAS NOT THE SAME FOR EDC EMPLOYEES BECAUSE EDC POISED THE COURTS BEFORE AND NOT TO THE SAME MANAGER PER CITY CHARTERS, AS WELL AS AMMON GRIEVANCES AGAINST THE EDC DIRECTOR.
UH, THE PERSONNEL POLICY AT THE CITY DID NOT ADDRESS THAT.
SO BOTTOM LINE IS WE ARE, UH, GOING TO STILL COMPLY THE EMPLOYEES THAT HE SINGLE, STILL COMPLY WITH THE PERSONNEL POLICY OF THE CITY, BUT ONLY AS AN ADENDA PACK, THE DISCIPLINARY DEAL PROCESS AND HARASSING PROCESS, WHICH HAS REQUIRED ANY DIFFERENT AS AN ADDENDUM TO THE PERSONNEL.
SO THAT IS WHAT WE ARE SEEKING APPROVAL FROM THE CITY COUNCIL.
THE EDC BOARD HAS ALREADY APPROVED, UH, THESE TWO POLICIES END THEM SO THAT, UH, THE EEC WILL BE ABLE TO ADDRESS SHIRT DISCIPLINARY PROBLEMS AT ANY FOUR HARASSMENT.
SO COMPLAINTS, IF ANY, UM, OUR CITY ATTORNEY COULD, UM, EXPLAIN TO US THE ADDENDUM, IF YOU COULD.
UM, I KNOW WE HAD SOME BACKGROUND INFORMATION OR IF THE, UM, UM, MR. GARZA CAN GIVE US THE UPDATE ON THE ADDENDUM AND WHAT IT SPEAKS TO.
I KNOW WE HAD IT ON LAST WEEK, BUT I LIKE TO JUST FOR THE RECORD, MAKE SURE WE READ IT ALOUD AND UNDERSTAND WHAT THAT AGENDA MAY IS.
SO BASICALLY THEY SUBMITTED AN ADDENDUM AND IT, IT ORIGINALLY DEALT MAINLY.
AND THEN, UH, FRANK I'LL DEFER TO HIM.
I'LL JUST GIVE A LITTLE BIT OF WHAT I HAVE, UM, THAT BASICALLY IT PUTS A GENERAL POLICY AGAINST HARASSMENT.
UM, IT SPOKE SPECIFICALLY ABOUT SEXUAL HARASSMENT AND THEN WE MADE SOME AMENDMENTS FOR ALL TYPES OF HARASSMENT, ALL TYPES OF INJUSTICES IN TERMS OF AGE, UH, RACE, GENDER, NATIONAL ORIGIN, YOU KNOW, ALL OF THE TYPES OF DISCRIMINATION THAT COULD TAKE PLACE, IT SETS FORTH, UM, COMPLAINT, PROCESS, UH, AND HOW APPEALS ARE HANDLED.
UM, AND WHAT, WHAT THE PROCESS FOR AN APPEAL IS FOR APPEALS OF A TERMINATION OF, OF EMPLOYMENT, UH, OR DEMOTIONS OR ANY TYPE OF WRITE-UP.
AND IT SETS FORTH A PROCESS FROM START TO FINISH ON HOW IT WILL BE HANDLED AND HOW AN APPEAL WOULD BE ADDRESSED.
AND, UM, IT BASICALLY SUMS IT UP, UH, AND FRANK MAY WANT TO ELABORATE.
SO, UM, BUT IT JUST BASICALLY GETS YOU FROM START TO FINISH.
IF YOU HAVE AN ISSUE ON HOW YOUR COMPLAINT OR CONCERN WILL BE ADDRESSED, MR. MAYOR, AND THAT, THAT WAS CORRECT.
THE ADDENDUM SIMPLY ADDRESSES TWO THINGS THAT WERE NOT ADDRESSED IN THE CITY PERSONNEL POLICY.
IT IS, IT SPECIFICALLY IDENTIFIES THE POLICY AGAINST HARASSMENT, NOT JUST SEXUAL HARASSMENT, BUT ANY TYPE OF HARASSMENT BASED ON RACE, COLOR, RELIGION, SEXUAL ORIGIN, UH, ANYTHING PROTECTED BY A TITLE SEVEN.
SO IT IDENTIFIES THE RIGHTS OF EMPLOYEES WITH REGARD TO BE FREE FROM HARASSMENT, AND THEY ARE HARASSED.
IT IDENTIFIED AS THE APPEAL PROCESS, IF THEY NEED TO GO FOLLOW WITH, IF THEY FEEL THEY'RE BEING HARASSED AND SO FORTH.
THE SECOND PART OF THE POLICY IS REALLY THE APPEALS OF DISCIPLINE.
UM, CURRENTLY THE CITY'S PERSONNEL POLICY, BASICALLY IT MUST GO THROUGH THE CITY MANAGER'S OFFICE OR EDC EMPLOYEES WHO NOT WORK FOR THE CITY COUNCILORS SAY MANAGERS.
SO WE NEED TO MAKE SURE THAT APPEALS OF DISCIPLINE, BUT GO TO THE EXECUTIVE DIRECTOR OF THE EDC OR TO THE BOARD OF DIRECTORS.
AND THAT'S BASICALLY THE TWO MAJOR ASPECTS OF THIS.
IT MAKES IT CLEAR THAT IT GOES TO THE BOARD OF DIRECTORS AND THE EDC DIRECTOR.
OF COURSE, IF THE COMPLAINT IS AGAINST THE EDC DIRECTOR, IT WOULD GO TO THE BOARD, OR IF IT'S AN APPEAL OF AN EDC DIRECTOR DECISION, IT WOULD AGAIN GO TO THE BOARD.
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TWO ADDENDUMS, EVERYTHING ELSE, UH, WITH REGARDS TO EDC EMPLOYEES, THEY WOULD HAVE TO FOLLOW THE CITY'S PERSONNEL.POP'S UM, NO, I JUST WANTED TO ASK OUR CITY ATTORNEY AFTER YOUR PERUSAL OF THE AGENDUM, ARE YOU SATISFIED? AND DO YOU FEEL AS THOUGH, UH, IT MEETS ALL THE CRITERIA NEEDED TO, UH, UM, YES.
WHAT I, THE ONLY CAVEAT THAT I WOULD MAKE AND, UM, I'LL JUST GIVE A VERY BRIEF EXPLANATION OF THAT IS THAT THERE PROBABLY NEEDS TO BE SOME TYPE OF INTRODUCTORY PARAGRAPH, UH, THAT, UH, MR. GARZA AND I CAN EASILY DO, UH, BEFORE IT'S ADOPTED BY COUNCIL.
AND THAT WOULD JUST BE SOMETHING, A LITTLE PARAGRAPH OF INTRODUCTORY PARAGRAPH EXPLAINING, UH, WHO THE EDC EMPLOYEES ARE AND HOW THE, THE REMAINDER OF THE CITY POLICY APPLIES TO THEM EVEN A LITTLE, UH, A BRIEF EXPLANATION.
SO, BECAUSE THERE'S GOING TO BE PROVISIONS IN THE, THE, UH, THERE'S PROVISIONS IN THE CITY PERSONNEL POLICY THAT DEFINES A CITY EMPLOYEE AND HAS CERTAIN DEFINITIONS.
SO WE MAY JUST ADD ONE PARAGRAPH TO CLARIFY WHO THOSE PEOPLE ARE.
SO WOULD YOU, BUT IN GENERAL, WE'RE GOOD.
AND WE WOULD BE PREPARED TO MOVE FORWARD WITH WHAT WE HAVE.
WOULD YOU, SO WOULD THAT, WOULD YOU, WOULD IT BE YOUR RECOMMENDATION THAT WE WAIT UNTIL THAT INTRODUCTORY PARAGRAPH BE ADDED BEFORE? NO, IT'S JUST MAYBE ONE OR TWO LINES THAT I WOULD ADD.
IT'S NOTHING SUBSTANTIAL, BUT WE'RE FINE WITH IT.
I'M LIKE I SAY, I MAY ADD, UH, JUST MAYBE ONE SENTENCE EXPLAINING THIS, UH, DOCUMENT APPLIES TO EDC EMPLOYEES AND WHERE IT SAYS EMPLOYEE.
IT ALSO INCLUDES THAT THERE'S JUST MAYBE ONE OR TWO LINES JUST TO CLARIFY.
SO, YOU KNOW, THEY WON'T SAY THAT IT'S JUST GRIEVANCE AND HARASSMENT, BUT WE'RE GOOD WITH IT.
MA'AM UH, I DON'T KNOW IF IT WAS ATTORNEY FRANCISCO, DID HE STATE THAT? IF IT WAS A, UH, A PROBLEM WITH THE EDC DIRECTOR, IT WOULD GO TO THE BOARD AND IF IT WAS AN APPEAL PROCESS, IT GOES BACK TO THE BOARD.
DID I HEAR THAT CORRECTLY? WELL, I WAS, I WAS BASICALLY TALKING ABOUT TWO DIFFERENT THINGS.
IF IT'S A HARASSMENT COMPLAINT AGAINST THE EDC DIRECTOR IN THE GOTO, THE CHAIR AND BOARD DISCIPLINARY APPEAL PROCESS, IT STOPS AT THE EDC DIRECTOR LEVEL.
UH, SO, UH, CITY ATTORNEY, YOU'RE SAYING WHAT YOU CHANGE IS GOING TO HAVE TO COME BACK TO OUR BOARD FOR US TO DISCUSS NO, NO, NO.
HE'S JUST PUT LIKE A LITTLE INTRODUCTION OR SOMETHING.
I'M TALKING ABOUT JUST MAYBE A ONE CLARIFICATION.
I THINK OF BOTH THE COUNCIL AND THE BOARD APPROVED IT, CONTINGENT ON JUST, UH, ADDING THAT ADDITIONAL INTRODUCTORY PARAGRAPH.
YOU COULD APPROVE IT BECAUSE IT'S NOT GOING TO BE A SUBSTANTIVE CHANGE.
IT'S JUST AN INTRODUCTORY PARAGRAPH.
IT PROBABLY IS A GOOD IDEA TO INCLUDE IT IN.
JUST SO PEOPLE WON'T OPEN IT UP AND SAY, OH, THIS IS CITY EMPLOYEE.
WE'LL JUST SAY THIS ALSO APPLIES TO EDC THE OTHER PROVISIONS.
SO THEN THEY KNOW THAT WHEN THEY OPEN UP THE CITY PERSONNEL POLICY, THAT ALL THE PROVISIONS OUTSIDE OF THE GRIEVANCE PROCESS CITY EMPLOYEE MEANS EDC EMPLOYEE.
JUST MAYBE ONE SENTENCE AS A LITTLE PREFERENCE.
I DON'T THINK IT NEEDS TO JUST, JUST TO COMMENT, MAKE SURE EVERYBODY, WHEN A NEW EMPLOYEE GETS IT, THEY KNOW WHAT TO DO WITH THE MANUAL.
EVERYONE'S GOOD WITH IT JUST QUICKLY.
UM, I WANTED TO BE SURE THAT WE COULD GET THROUGH THIS AND BE ABLE TO GET TO THE CONCLUSION OF, SO WE CAN HAVE SOME CLOSURE TO THIS, UH, THIS GRIEVANCE PROCESS THAT WE ALL AGREE IN THIS MEETING, THAT THIS IS WHAT WE WANT TO DO GOING FORWARD AND NOT CONTINUE TO PROLONG IT WITH A PARAGRAPH.
THE QUESTION TO THE GUEST, TO THE COUNSELING AND THE ATTORNEY ON THE APPEALS PROCESS.
HE SAID, GO BACK TO THE DIRECTOR.
HE DIDN'T SEE THE DIRECTOR, AS HE SAID, HE DIDN'T WRITE, UH, FRANK, YOU CAN ALSO CHIME IN.
I THINK IF THE COMPLAINT, IT DOES NOT INVOLVE THE DIRECTOR OR SOMETHING BETWEEN EMPLOYEES, SOMETHING WITH STAFF, UH, UNHAPPINESS IN THE WORKPLACE, THEN THE DIRECTOR WOULD RESOLVE IT.
IF IT'S A COMPLAINT AGAINST THE DIRECTOR, THE ACTUAL DIRECTOR, THEN IT WOULD HAVE TO GO TO THE BOARD.
THE DIRECTOR COULDN'T MAKE A DECISION BECAUSE WOULD GO TO THE BOARD AND THE BOARD CHAIR, BUT JUST REGULAR EMPLOYEE MATTERS WOULD BE SETTLED BY THE DIRECTOR.
AND THEN IF IT'S SOMETHING THAT INVOLVES THE DIRECTOR, IT WOULD GO TO THE BOARD AND THEN HE SHOWS YOU.
THE DUCK? THE AGREEMENTS PROCESS WE'VE COME BACK.
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I THINK ALL OF THEM WILL, AT WHATEVER POINT THEY BORED WITH THE FACT IT WOULD BE PRESENTED TO THE COUNTY.HAS COME BACK IN THE FORM OF AN ORDINANCE AS, AND WE CAN'T VOTE ON IT TONIGHT.
WE HAVE TO WAIT TILL OUR NEXT MEETING TO DO THAT.
THE ITEM AT THE WAS TABLED FROM THE LAST MEETING UNTIL AFTER THE JOINT MEETING, BECAUSE YOU WANTED A LITTLE CLARIFICATION, BUT IT'S READY.
UH, IT'LL BE READY AND WE'LL HAVE IT ON THE NEXT AGENDA.
SHE HAS TO ADD A QUESTION GO RIGHT HERE.
I MEAN, BECAUSE I CAN'T WAIT AT REGULAR MEETINGS UNTIL THE NEXT, THE NEXT MEETING, WHEN AN ITEM IS TABLED, IT AUTOMATICALLY COMES TO THE REGULAR MEETING.
UNLESS YOU TABLE IT TILL THE JOINT MEETING, IT WAS TABLED UNTIL AFTER THE JOINT MEETING, WHAT YOU JUST TOLD ME, MAYBE I'M NOT UNDERSTANDING THE QUESTION YOU JUST TOLD ME.
YOU JUST TOLD ME THAT WE COULD TAKE ACTION ON, ON THE EDC DIRECTOR BE IN THIS MEETING THAT WAS TABLED AT THE LAST MEETING.
SO EVERYTHING WAS TABLED UNTIL THE NEXT MEETING.
HOWEVER, WHENEVER YOU GO INTO EXECUTIVE SESSION ON ANY EXECUTIVE SESSION ITEM, YOU CAN ACT ON AN EXECUTIVE SESSION ITEM IT'S IT'S.
SO YOU, YOU, AND CAN ACT ON IT BECAUSE WE DON'T GO INTO EXECUTIVE SESSION.
YOU KNOW, NORMALLY IT WOULD COME IN THE FORM OF A RESOLUTION, BUT YOU MAY COME OUT WITH WHATEVER DIRECTION, BUT THE RESOLUTION ITSELF WOULD STILL HAVE TO BE ON THE AGENDA, BUT YOU CAN GIVE SOME DIRECTION OUT OF EXECUTIVE SESSION.
ALL ITEMS IN ANY EXECUTIVE SESSION CAN ALWAYS BE ACTED UPON IN OPEN SESSION.
SO WE'RE NOT SO, AND BECAUSE THIS WAS NOT ON , I UNDERSTAND, AS LONG AS WE GET THIS BEHIND US, UH, BEFORE THIS NEW CEO COMES THIS WEEK.
[II. 3. To Discuss A Proposed Lease Agreement Between The City Of Port Arthur And PAEDC Regarding Office Space At 549 4th Street, Port Arthur, Texas]
ITEM IS NUMBER THREE, UH, TO DISCUSS A PROPOSED, UH, LEASE AGREEMENT BETWEEN THE CITY OF PORT OFF AND PA EDC REGARDING OFFICE SPACE AT 5 49 FOURTH STREET, UH, HERE IN THE CITY OF PORT ARTHUR, TEXAS, UH, YOU HAVE HAD THAT INFORMATION OUT, UH, THE BOARD MEMBERS FROM EDC WOULD GET THE SAME THING BACK UP FROM WHAT THEY SENT TO US.UM, WE CAN BEGIN TO DISCUSS, I CAN ALSO GIVE IT TO THE, THIS IS JUST MY COPIES, BUT Y'ALL SENT, THIS IS KIND OF WHAT Y'ALL SENT.
UH, ON THIS ITEM, UH, MAYOR, UM, WE'VE DISCUSSED AND REDISCUSS, AND, UH, THE ONLY THING I COULD TELL YOU IS IF WE CAN GET FRANK TO EXPLAIN TO YOU ABOUT THE FAIR MARKET VALUE FOR THAT BUILDING, BECAUSE THAT'S WHAT WE HAVE TO GO BY AS A FAIR MARKET VALUE.
UM, UH, AND I KNOW THAT THE CITY ATTORNEY I HAVE HAD THIS SPECIAL, THEN WE'RE IN AGREEMENT THAT, UH, WHEN THE ABC LEASES PROPERTY, UH, IT MUST RECEIVE FAIR MARKET VALUE FOR THE LEASE OF THAT PROPERTY.
UM, AND IN THIS INSTANCE, MAKE CONCESSIONS, IF PROPERTY IS BEING LEASED FOR ECONOMIC DEVELOPMENT PURPOSES.
UH, IN THIS INSTANCE, UH, THE PROPERTY IS, IS BEING LEASED TO THE CITY FOR THE EMERGENCY OPERATION CENTER, THE EOC, UM, NOT REALLY UNDER THE DIRECTION OF ECONOMIC DEVELOPMENT PURPOSES.
SO FOR THAT REASON, UH, THE CITY, UH, UNDER THE LAWS MUST BE SEEN FAIR MARKET VALUE, UH, DETERMINATION AT FAIR MARKET VALUE HAS GOT TO BE RECEIVED BY THE PARTIES.
UH, IT'S USUALLY DETERMINED BY, UH, EITHER AN APPRAISAL OR BASED ON HISTORY OF, OF RENTS AND RATES IN THE AREA.
UM, AND SO IT REALLY DOES IN THIS INSTANCE, DOES REQUIRE A FAIR MARKET VALUE.
AND, UM, IF MR. GARZA I'D LIKE TO JUST KIND OF GIVE A LITTLE BIT MORE INFORMATION.
SO THE PACKET THAT THE COUNCIL HAS, IT'S KIND OF BEEN A LONG HISTORY BEHIND THIS.
UM, AND SO WHEN WE WERE ORIGINALLY HAVING DISCUSSIONS, THERE WAS A PROPOSAL ON THE TABLE.
SO LIKE THAT PACKET, YOU HAVE JUST GIVES A LITTLE BIT OF THE HISTORY.
SO THE FIRST PROPOSAL, THERE WAS A PROPOSAL WAY BACK WHEN WE FIRST STARTED TALKING ABOUT THIS, WHEN THE IN ASSESSMENT OF THE FAIR MARKET VALUE WAS BEING DONE.
SO THERE, UM, ON THE SHEET THAT I HAVE THE FIRST PAGE, YOU'LL SAY, IT'S, IT BASICALLY SAYS NUMBER FOUR, WHICH THAT IS THE CURRENT PROPOSAL.
AND THAT IS THE INFORMATION THAT'S IN THE CURRENT PROPOSED LEASE FOR AN AMOUNT OF $11,141
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AND 95 CENTS PER MONTH, JUST TO KIND OF BREAK IT DOWN THE BASE LEASE AMOUNT, THEY HAVE $1 AND 21 CENTS PER SQUARE FOOT, COMMON AREA MAINTENANCE WAS AT 14 CENTS BRINGING THE TOTAL LEASE SQUARE FOOTAGE TO $1 AND 35 CENTS PER SQUARE FOOT.UM, JUST KINDA TO PUT A PIN THERE.
UM, WHAT'S BEEN GOING ON WITH ALL THESE PROPOSALS IS ORIGINALLY THEY HAD SOME INFORMALS.
SO YOU'LL SEE ON THE, UH, OLD HISTORY OF IT, THE FIRST PROPOSAL THAT WAS MADE BY THE EDC, UM, CAME UP WITH A MONTHLY AMOUNT OF A SQUARE FOOTAGE OF 50 CENTS, UM, WITH A COMMON AREA OF 40, THEN THAT WAS RE REDONE AND THAT WAS SUBMITTED BY THE EDC.
AND THAT'S WHEN WE FIRST STARTED TALKING, THEN THE SECOND PROPOSAL WAS SUBMITTED WHERE, UH, THE GOOD NEWS IN THE SECOND PROPOSAL THAT THE EDC SUBMITTED, WE DID COME UP WITH WHERE WE'RE ALL IN AGREEMENT OF A COMMON AREA OF 14 CENTS PER SQUARE FOOT.
THE, UM, BASICALLY YOU HAVE A SECOND AND THIRD PROPOSAL, AND NOW WE'RE ON THE FOURTH PROPOSAL.
UM, TH TH TH THE AMOUNTS HAVE GONE FROM 50 CENTS TO 35 CENTS, 96 CENTS.
AND THE EDC IS PROPOSING A DOLLAR 21 TO GET TO THAT 1 35 SQUARE FOOTAGE.
UM, THE EDC BASED IT'S FOURTH AND FINAL, I WILL CALL IT FOURTH AND FINAL, UH, PROPOSAL BASED UPON A, UM, APPRAISAL THAT THEY HAD DONE.
AND, UM, SO TH THIS IS WHAT THEY HAVE SUBMITTED, AND IT WAS FROM A CERTIFIED APPRAISAL OF WHERE THEY, UH, ARRIVED AT THE FIGURES ON THIS FOURTH AND FINAL THAT CAME FROM THEIR APPRAISAL.
AND JUST FOR BACKUP PURPOSES, WE WERE IN THE FIRST, SECOND AND THIRD PROPOSALS.
THE CITY HAD, UH, OBTAINED SOME INFORMATION, UM, YOU KNOW, AND IT'S VERY SIMILAR, A DOLLAR, UH, YOU KNOW, A DOLLAR 25.
SO THESE COSTS THAT YOU'RE LOOKING AT ARE BASED UPON APPRAISALS THAT, AND OURS, IT KIND OF FOCUSES MORE ON PORT ARTHUR AND THERE'S A, IT FOCUSES ON THE WHOLE AREA ENCOMPASSING BEAUMONT, BUT, UM, I THINK THE BOTTOM LINE IS THAT WE'VE GATHERED A GOOD BIT OF DATA WHERE YOU CAN COME UP WITH AN AMOUNT THAT IS REASONABLE AND LEGALLY MEETS THE DEFINITION OF FAIR MARKET VALUE.
SO WE'VE, IT'S BEEN RESEARCHED AND RESEARCHED, AND WE'VE LOOKED AT ALL THE SURROUNDING CITIES, AND THIS IS WHERE WE ARE ALSO, UM, WITH THIS TYPE OF LEASE, YOU KNOW, IT'S CALLED A FULL SERVICE LEASE OR A GROSS LEASE BECAUSE, UH, THE FULL AMOUNT WILL BE PAID, UH, BY THE LESSEE TO THE LESSOR, WHICH IS THE EDC.
AND THEY'LL TAKE CARE OF ALL THE MAINTENANCE AND ALL SORTS OF THINGS LIKE THAT.
UM, THE ONLY THING THAT'S A LITTLE DIFFERENT, THERE IS TECHNICAL CHARGES THAT HAVE BEEN ADDED, BUT THOSE ARE THINGS THAT WERE PRETTY MUCH APPROVED BY COUNCIL.
UM, SO BRINGING THE ANNUAL LEASE AMOUNT TO 133,703, AND THAT'S, THAT'S PRETTY MUCH WHAT I HAVE TO SAY.
SO WE'VE, IT'S, YOU HAVE A LOT OF BACKUP DATA TO BACKUP YOUR FAIR MARKET VALUE, BOTH QUARTER AUTHOR AND THE WHOLE SURROUNDING AREA.
UH, FRANK, DID YOU HEAR THAT RIGHT? YES, SIR.
I, I MEAN, I, I'VE NOT SEEN THE DOCUMENTATION, BUT I DID UNDERSTAND IT.
WELL, I HAVE DOCUMENTATION OF TWO, ONE OF THEM FOR A DOLLAR, ONE ON, FOR A DOLLAR 25, A, THE ONE FOR A DOLLAR 25, UH, HAS BEEN FLOODED.
AND I DON'T EVEN KNOW IF IT'S ANYONE IN IT.
UH, IT'S IT'S GOING TO BE RECOUPED.
AND THE OTHER ONE IS JEFFERSON COUNTY, JEFFERSON CITY, WHICH IS A DEAD SHOPPING CENTER.
SO I DON'T KNOW IF THAT HAS ANYTHING TO DO WITH THIS DOLLAR, BUT THEM TWO RIGHT THERE.
I THINK WE'RE IN AGREEMENT THAT WE'RE ALL KIND OF IN THE SAME BALLPARK.
OUR NUMBERS WERE LOOKED AT BY AN APPRAISER ALSO, BUT YOU ALL GOT A FORMAL APPRAISAL.
SO I THINK YOU HAVE SOME GOOD NUMBERS TO JUSTIFY WHAT'S BEING PROPOSED.
IF, IF THERE'S NO OBJECTION, YOU KNOW, WE'RE, WE'RE STILL IN THE RANGE.
SOME OF OURS WERE A DOLLAR TWENTY-FIVE, SOME OF YOURS WERE HIGHER, UH, THAN THAT.
AND SO I THINK THOUGH, THE DOCUMENTATION THAT WE HAVE IS GOOD WITH A, WITH A, UM, CERTIFIED APPRAISER, THE DOCUMENTATION YOU HAVE IS GOOD WITH A CERTIFIED APPRAISER.
WHAT WE HAD WAS WHAT WAS INITIALLY LOOKED AT, AND THEN YOU ALL HAD YOURS AND WE SENT IT ALL TO OUR GUY.
AND I THINK WE'RE ALL IN AGREEMENT THAT THESE PRICES REFLECT GOOD, FAIR MARKET VALUE.
SO I THINK WE'RE, WE'RE, WE'RE ON SAFE GROUND THAT THIS MEETS THE ASSESSMENT NOW TO TWO DIFFERENT GROUPS.
I'VE LOOKED AT IT AND I THINK WE'D BE OKAY WITH PROPOSAL FOUR.
I DON'T SEE ANY LEGAL IMPEDIMENTS COUNSEL AGREES WHEN, WHEN WOULD THE VOTE ON THAT HAPPEN? OKAY.
WE'VE GOT THE, UH, PROBABLY THE NEXT MEETING NEXT REGULAR MEETING.
THESE THINGS WILL BE ON THE, DOES IT SEEM
[00:30:01]
LIKE IT'S ROLLING THE RIGHT WAY OR NOT? WELL, I ASKED YOU A QUESTION, WHICH YOU ASKED, YOU SAID WENT THAT'S WHEN THE PROBLEMS OCCUR.THIS MOAN, THANK YOU, MAYOR CITY, ATTORNEY, THE LEAST.
I KNOW THAT YOU AND, UM, THE ATTORNEY FRANK HAVE GOTTEN TOGETHER THIS TYPE, WHAT TYPE OF LEASE ARE WE TALKING ABOUT? IT'S A FULL SERVICE LEASE, ALSO KNOWN AS A GROSS LEASE, YOU KNOW, UH, AND, UH, THIS IS PRETTY MUCH, UH, MR. GARZA ALSO SAY, THIS IS PRETTY MUCH LIKE THE STANDARD LEASE THAT CITY'S LEAD USES, WHICH INCLUDES THE TAXES, INSURANCE, AND MAINTENANCE.
THERE ARE NO TAXES, I BELIEVE BECAUSE IT'S A PUBLICLY OWNED BUILDING, BUT THE INSURANCE, THE INSURANCE IS A LITTLE BIT DIFFERENT BECAUSE IT'S, THE INSURANCE IS PAID BY THE CITY, BUT ALL OF THE COSTS THAT ARE OUT THERE ARE, WILL BE SIDE OF THIS, WE'LL PAY THIS AND THEN THEY'LL TAKE CARE OF EVERYTHING ELSE.
THEY'RE ALL, YOU KNOW, OBVIOUSLY THERE'S SOME DIFFERENT THINGS ABOUT IT, CAUSE IT'S A PUBLIC BUILDING, BUT, UM, BUT ALL, ALL THE EXPENSES WILL BE TAKEN CARE OF BY THE LESS OR THE LESS HE JUST HAS TO PAY.
SO AFTER YOUR CAREFUL REVIEW AND THE EDC, WHAT THEY'VE GONE THROUGH, WE ARE IN AGREEMENT BASED UPON YOUR LEGAL EXPERTISE THAT WE CAN GO WITH THIS LEASE.
AND, AND AT THIS TIME, AND I'M LOOKING AT THE SQUARE FOOTAGE, YOU TALKING ABOUT 6,200 SQUARE FEET WITH THIS, LISA, AM I CORRECT ON THAT 6,200? AND AT THIS TIME, AND MAYBE THE CHAIRMAN CAN ANSWER, THIS IS JUST ONLY TO, UH, THESE INDIVIDUALS THAT'S GOING TO BE, UH, IN THE EDC BUILDING IS JUST GOING TO BE THE CITY OF BROTH AND LAMAR, UH, PORT ARTHUR AT THIS TIME.
UH, NO, WELL, KRISTA OR GEORGE CAN TALK ABOUT THAT.
AT THIS PARTICULAR TIME WITH OUR LEASE THAT WE'RE GOING TO HAVE WITH YOU GUYS, HOPEFULLY, UH, WE HAVE THE CITY OF PORT, ARTHUR IS GOING TO BE IN THERE AND LAMAR PORT ARTHUR LAMAR STATE IS THAT'S THE ONLY TWO AT THIS PARTICULAR TIME THAT WE HAVE.
AND THE REASON I'M SAYING THAT IF WE'RE GOING TO HAVE FUTURE INDIVIDUALS THAT COME IN AND WANT TO LEASE, WILL THE SAME MARKET VALUE BE APPLIED TO THEM.
AND THAT'S WHERE I'M GETTING WITH THIS.
YOU KNOW, I DON'T WANT TO SAY BECAUSE IT'S THE CITY OF PORT ARTHUR, DIDN'T TURN AROUND WHEN SOME OTHER INDIVIDUALS COME BEHIND US AND WE'VE ALREADY VOTED.
AND THEN YOU TALK ABOUT OTHER ENTITIES WANT TO COME IN THERE.
AND THEIR, THEIR LEASE AGREEMENT IS A LOT LESS THAN WHAT WE PAY SURELY GOING TO, UM, HAVE ON OUR AGENDA FOR NEXT MEETING TO ADOPT THAT RATE DOWN AT 35.
JUST TO ANSWER WHAT YOU SAYING.
ANY OTHER DISCUSSION? ALL RIGHT.
[II. 4. To Discuss A Proposed Contract For The Provision Of Administrative Services To The PAEDC By The City Of Port Arthur]
WE CAN MOVE TO THE FOURTH ITEM, SHOULD DISCUSS A PROPOSED CONTRACT FOR THE PROVISION OF ADMINISTRATIVE SERVICES TO THE, UH, PA EDC BY THE CITY OF PORT OF IT.I SAID THE ATTORNEY, UM, WITH REGARD TO THIS ONE, DID YOU WANT ME TO START OKAY.
WITH REGARD TO THIS ONE, UM, BY LAW, WE'RE REQUIRED TO HAVE AN ADMINISTRATIVE SERVICES CONTRACT.
I THINK THE HISTORY HAS BEEN PROVIDED TO THE COUNCIL ON ALL OF THE YEARS.
I THINK IT GOES BACK MANY YEARS.
I KNOW MY ENTIRE CAREER HERE OF WHICH IS ABOUT 20 YEARS.
WE'VE HAD AN ADMINISTRATIVE SERVICES CONTRACT SOMEWHERE IN THE LAST FEW YEARS.
UM, WE STOPPED HAVING ONE AND, UH, WE WANT TO BE IN COMPLIANCE JUST IN THE SAME MANNER THAT FAIR MARKET VALUE HAS TO BE GIVEN FOR THE BUILDING.
A CITY CAN NOT LAND OR GIVE CREDIT UNDER THE TEXAS CONSTITUTION OR GIVE ANY SERVICE TO ANOTHER ORGANIZATION.
AND SO AS A RESULT OF THAT, WE HAVE TO HAVE SOMETHING IN PLACE FOR THE SERVICES WE PROVIDE.
UM, BASICALLY, UH, YOU IN YOUR PACKET HAVE THE HISTORY OF IT.
AND, UM, WE DID ALSO PROVIDE THE LIST OF SERVICES IN THE PACKET THAT WAS EMAILED TO YOU.
AND, UM, WE PROVIDED WHAT THE LIST OF SERVICES ARE THAT WE PROVIDE, UH, TO THE EDC.
AND WE JUST NEED TO COME UP WITH A CONTRACT.
I THINK WE PROPOSE IN LOOKING AT SOMETHING FOR JUST A ONE-YEAR PERIOD, UH, TO COVER THE SERVICES THAT THE CITY PROVIDES, BECAUSE IT IS ILLEGAL FOR THE CITY TO PROVIDE SERVICES TO ANY OTHER ENTITY WITHOUT BEING COMPENSATED.
SO, UH, THE ISSUE AT HAND IS JUST DEFINED, UH, WHAT THAT NUMBER IS.
UM, UH, MR. GARZA MAY WANT TO, UM, INTERVENE AND HE AND I HAVE HAD A DISCUSSION ABOUT IT.
AND, UH, BASED UPON THE INFORMATION PROVIDED, UH, WE, WE BELIEVE THAT, UH, THE AMOUNT PRETTY MUCH MIRRORS OR IS VERY CLOSE TO THE AMOUNT OF THE LEASE.
UH, WE THINK THAT IF BOTH, IF YOU LOOK AT THE BACKUP INFORMATION, I THINK WE'RE ALL BETWEEN
[00:35:01]
A HUNDRED AND TWENTY ONE FIFTY, THERE'S VARIOUS NUMBERS THAT IN THE HISTORY OF IT.SO, YOU KNOW, WE WOULD PROPOSE SOMETHING AT THE SAME AMOUNT OF 133,000, WHICH WOULD BE SIMILAR TO THE AMOUNT OF THE LEASE WE'VE GIVEN EXTENSIVE BACKGROUND ON THE HOURLY RATES, THE SERVICES THAT THE EMPLOYEES PROVIDED, AND ALSO COUNSEL HAS ALSO BEEN GIVEN SOME BACKUP INFORMATION ON HOW OTHER CITIES DO IT.
SO WE THINK FOR THE ONE-YEAR PERIOD, THAT THAT WOULD BE A REASONABLE AMOUNT TO COMPENSATE THE CITY FOR THE SERVICES.
AND AGAIN, THERE IS A LONG HISTORY OF CITY SERVICES, SO WE HOPE TO ENTER INTO AN AGREEMENT SO WE CAN CONTINUE TO PROVIDE WHAT, WHAT SERVICES WE PROVIDE TO THE EDC COUNSELOR.
HAD YOU ALL HAD AN OPPORTUNITY TO REVIEW EMAILS SHE'S ALLUDING TO, OKAY.
WE DID GET A BACKUP SUPPORT FROM THE ATTORNEY OR THE COUNSEL, BUT, UM, IT WAS KIND OF, IT WAS, WE HAD SOME, QUITE A FEW QUESTIONS ABOUT IT.
UM, EACH DEPARTMENT, WE HAVE FIVE DEPARTMENTS, SIX DEPARTMENTS, SOMETHING LIKE THAT.
UM, THERE WAS A LOTS OF, UH, PERSONNEL WORKING ON THE SAME ITEMS WITH DIFFERENT RATES.
I CAN UNDERSTAND DIFFERENT RATES.
WE JUST THOUGHT IT WAS, UH, QUITE A FEW PEOPLE IN EACH DEPARTMENT WORKING ON A SMALL EDC BUILDING.
AND, UM, WE ONLY ASKED FOR ITEMIZED STATEMENTS, UH, AND I UNDERSTAND THAT IT'S GONNA TAKE TIME OR OUR WORK, UH, GETTING IT MONTHLY OR QUARTERLY, BUT, UM, THAT'S WAS OUR REQUEST.
THAT WAS THAT'S WHAT, UH, THE BOARD REQUESTED, BUT THEN, OKAY, IF YOU LOOK AT WHAT WE PROVIDED, WE ATTEMPTED TO PROVIDE A COST ANALYSIS.
AND I JUST WANT TO CLARIFY THAT THE COST ANALYSIS THAT WE GAVE IT HAD EVERYONE'S TITLE AND WHAT THEIR HOURLY RATE.
AND IF YOU LOOK AT IT, PLUS MINUS, YOU KNOW, WE CONSIDERED THE LABOR BULK BURDEN, THE NUMBER OF HOURS IN A YEAR.
IF THOSE EMPLOYEES SPENT 7% OF THEIR TIME IN A ONE-YEAR PERIOD, WORKING WITH THE EDC, THEN THOSE ARE THE NUMBERS THAT THEY COME UP WITH.
SOME EMPLOYEES WILL SPEND MORE THAN 7%, BUT WE LOOKED AT THE TYPES OF THINGS THAT WE WERE DOING.
SO WHEN WE MADE THIS CALCULATION, WE ORIGINALLY PROPOSED 156,000.
AND THAT IS IF ALL THE EMPLOYEES, AT SOME POINT I WOULD WORK ON IT FOR NON-CITY THINGS AT SOME POINT, YOU KNOW, IT'S NOT GOING TO BE EVERYBODY EVERY DAY, BUT IN A YEAR'S TIME, WE WOULD ESTIMATE THAT 7% OF AN EMPLOYEE'S TIME IN A ONE-YEAR PERIOD WILL BE TAKEN.
SO WE DECIDED THAT WHEN WE WENT BACK AND FORTH WITH THAT 156,000, WE BASICALLY LOOKED AT IT MORE EXTENSIVELY, LOOKED AT THE HISTORY AND DECIDED TO LOWER THAT PERCENTAGE.
AND I THINK BASED UPON THAT, WE, YOU KNOW, FOR THE ONE-YEAR PERIOD THAT WE'D LIKE TO PROPOSE THIS, THAT IF WE LOWERED THAT PERCENTAGE, WE COULD STILL COME TO THE, ABOUT THE SAME AMOUNT AS THE LEASE AGREEMENT, WHICH WOULD PROBABLY BRING ME TO JOE'S THE MATHEMATICIAN.
SO HE HAS THE EXACT PERCENTAGE.
SO SAY 5% OF THE TIME THAT WOULD GET THEM TO ABOUT 133.
BUT IF AN EMPLOYEE HAS SPENT 7%, BUT YOU KNOW, IT'S GOING TO BE VERY CENTRAL.
SO WE CAME UP WITH AN AVERAGE AND WE DID ALSO SEND THE COUNCIL COPIES OF WHAT OTHER CITIES WHO HAVE EDCS KIND OF CAME UP WITH THAT.
THERE'S NOT GOING TO BE LIKE A EXACT ETCHED IN STONE FIGURE, CAUSE WE'RE NOT IN THE BUSINESS OF GIVING PAYROLL SERVICE.
WE'RE NOT A BUSINESS THAT DO THAT.
OUR DUTY IS TO THE COMMUNITY, BUT WE DID TRY TO FAIRLY AND EQUITABLY, UH, COME UP WITH A PERCENTAGE OF WHAT WE DO.
UM, WELL, I CAN'T SPEAK FOR THE BOARD.
SO THEN I HAVE TO GO BACK TO THE BOARD AND OUTLET, ANOTHER PERSON SPEAK ON THIS, IF THEY WISH, UH, ALL I HAD IS, AND I RECALLED ON INVOICING.
UH, I WAS JUST THINKING THE SAME THING THAT HAPPENED TO, UH, THE COUNCIL REQUESTING ITEMIZED INVOICING FROM THE PARR PARKER LAW FIRM.
AND HE REFUSED TO GIVE IT AND Y'ALL RE Y'ALL REMOVED HIM.
SO I WAS JUST THINKING, THAT'S HOW IT SHOULD GO.
THAT'S THE OPPOSITE OF WHAT WE, YOU KNOW, BUT, BUT THAT'S SOMETHING LIKE Y'ALL REQUESTED IT AND DIDN'T GET IT.
AND NOW WE'D LIKE TO REQUEST IT.
UM, THAT, THOSE KIND OF, UM, RESPECTFULLY KIND OF TWO DIFFERENT THINGS.
AND I DON'T THINK THAT THAT MAY BE THE, THE, THE FACTS.
UM, I THINK YOU WANT TO COMPARE APPLES TO APPLES, AND THAT WAS QUITE SOME TIME AGO.
SO WE WOULD HAVE TO RESEARCH THAT.
BUT, UH, MY RECOLLECTION OF ANY PROFESSIONAL SERVICES CONTRACT, WHEN YOU'RE DEALING WITH A PROFESSIONAL, UNLIKE THIS IS LIKE A DIFFERENT TYPE OF SERVICE.
SO LIKE IF YOU'RE GOING TO ENGAGE AN ARCHITECT, YOU'RE GOING TO ENGAGE AN ENGINEER.
YOU'RE GOING TO ENGAGE A LAWYER.
THAT PERSON BASED ON THEIR YEARS OF EXPERIENCE WOULD COME WITH AN HOURLY RATE.
AND THEN IF THAT PERSON IS PROVIDING A SERVICE, THEN THEY HAVE TO GIVE YOU AN INVOICE OR SOMETHING LIKE THAT.
WHEN IN THIS PARTICULAR CASE, THIS IS NOT NECESSARILY AN APPLE WITH AN APPLE TO
[00:40:01]
ANY PROFESSIONAL, AND I'M NOT GOING TO GET INTO THAT, BUT YOU YOU'RE THE CITY'S CITIES, DOESN'T, YOU KNOW, B O PEOPLE FOR PAYROLL SERVICES AND THINGS LIKE THAT, BUT WHAT CITIES HAVE DONE.AND I THINK YOU'VE LOOKED AT, HE HAD, JOE HAS THE CITIES.
I THINK ONE OF THEM'S NEW BRONZE FILLS AND A COUPLE OTHERS.
WHAT CITIES DO IS THEY TRY TO ESTIMATE THE AMOUNT OF TIME THAT'S SPENT.
YOU KNOW, THERE MAY BE, THERE'S BEEN TIMES WHEN ON NON CITY COUNCIL AGENDA ITEMS, I'M NOT A SPENT THREE DAYS IN A MONTH WORKING ON EDC STUFF.
THEN A MONTH MAY GO BY AND I MAY DO NOTHING.
AND ANOTHER MONTH COMES, I MAY.
SO WE BASICALLY TRIED TO LOOK AT WHAT EVERYBODY DID AND SAY, HOW MUCH PERCENTAGE OF YOUR WORK YOU DO FOR A YEAR.
AND SO ORIGINALLY WE STARTED OFF AT SEVEN AND THEN WE'VE LOWERED IT.
BUT THE INVOICING IS WHEN YOU ARE PROVIDING A PARTICULAR SERVICE AS A PROFESSIONAL, OR I'M SELLING SOMETHING AND YOU CAN DO AN EXACT ACCOUNTING, BUT IN THIS, UH, WE'VE, WE'VE LOOKED AT WHAT EVERYBODY'S TIME AND WORKLOAD IS AND LOOKED ALSO AT THE HISTORY AND COME UP WITH YOURSELF AGAIN FOR THIS DISCUSSION THAT THAT WOULD LEAD YOU WHERE YOU NEED TO LET ME JUST SHARE, UM, YOU KNOW, IN SUPPORTING WHAT THE CITY ATTORNEY IS SAYING, I'VE, I'VE GOT A COPY OF THE CITY OF SEABROOK HERE AND HERE.
IT SAYS UNDER CONSIDERATION AFTER HAVING REASONABLY ESTIMATED THE AMOUNT OF TIME.
SO IT'S AN ESTIMATION OF THE AMOUNT OF TIME.
YOU KNOW, THE CDM, THE AMOUNT OF TIME CITY EMPLOYEES ARE ANTICIPATED, IT'S AN ANTICIPATION TO SPEND PERFORMANCE SERVICES FOR.
AND ON BEHALF OF THE EDC, DURING THE TERM OF THIS AGREEMENT, THE PARTIES HAVE AGREED THAT THE EDC WILL REIMBURSE THE CTD AMOUNT OF 200 PLUS THOUSAND AS PRESENT IN THE FINANCIAL YEAR, WHATEVER IT IS, AS AN EXHIBIT SUCH REIMBURSEMENT IS PREDICATED ON THE APPROVAL OF THE BUDGET, BLAH, BLAH, BLAH.
AND IT'S CONTINGENT UPON SUCH, AMONG BEING COLLECTED IN SALES TAX.
AND SO IT'S AN ESTIMATE, REALLY, IT'S AN ESTIMATION.
UM, YOU KNOW, SO FRANK, UM, THAT CARRIES WITH IT A CERTAIN AMOUNT OF SIMPLICITY FOR IMPLEMENTATION.
YOU KNOW, IF WE GET INTO AN AGREEMENT OF THAT NATURE, WE'VE THE EDC FOR AT LEAST FOR 12 MONTHS, THAT GIVES US SUFFICIENT TIME, YOU KNOW, TO SEE HOW WELL IT WORKS FOR BOTH PARTIES, YOU KNOW, AN EMAIL NEEDS BE FOR US TO REVISIT IT AFTER A 12 MONTH PERIOD.
WHAT DO YOU THINK? I THINK THAT'S WHY THE BOARD IS LOOKING TO JUST DO THE, LIKE YOU SAID, THE ONE YEAR, THOUGH, 12 MONTHS LATE AGREEMENT FOR BOTH THE ADMINISTRATION AND WASTE SO THAT WE CAN MAKE THAT DETERMINATION TO MAKE SURE THAT THE EDC IS GETTING ITS FAIR MARKET VALUE FOR THE PROPERTY.
AND AT THE SAME TIME CITY IS BEING REIMBURSED FOR THE SERVICES THEY'RE PROVIDING THE EDC.
SO I THINK THAT'S WHAT, UH, THE BOARD HAD DISCUSSED AND WHAT I'VE DISCUSSED WITH THE CITY ATTORNEY TO MAKE SURE THAT BOTH SIDES HAVE SUFFICIENT TIME TO MAKE SURE THAT THEY'RE IN COMPLIANCE SOME INFORMATION TO THE LAW AND MAKE SURE THAT BOTH ENTITIES ARE RECEIVING, UH, THE FAIR MARKET VALUE FOR SERVICES AND FAIR MARKET VALUE FOR THE PROPERTY.
BECAUSE AS, AS PART OF IT, IT IS, IT IS LISTED VERY BROADLY ACCOUNTING AND FINANCIAL SERVICES.
WE ARE PROVIDED A LIST OF ACCOUNTING AND FINANCIAL SERVICES.
IT TALKS ABOUT ADMINISTRATIVE AND SECRETARIAL SUPPORT.
WE HAVE PROVIDED A LIST OF HR SUPPORT, YOU KNOW, UM, WE HAVE ALSO PROVIDED A LIST OF, UM, UM, LEGAL SUPPORT THAT WE NORMALLY FOR REVIEW, UM, WHEN IT COMES TO THE, UM, CTE ATTORNEY'S OFFICE.
SO BASED ON WHAT THE CITY OF SEABROOK IS USING, IF WE ARE ABLE TO USE IT AS A TEMPLATE, IT IS VERY BROAD AND ACCOMMODATING, AND MAYBE WE COULD LOOK AT IT AS WELL.
UM, ONE OTHER THING, I WAS GOING TO SAY IT, WHAT WE'LL HAVE TO BRING IT BACK TO COUNCIL.
BUT IT FEELS LIKE, UH, THE CITY IS BACKING INTO OUR NUMBER.
UH, W WE HAVE A NUMBER OUT THERE AND THEN Y'ALL JUST WORKING ON THAT NUMBER.
THAT'S WHAT IT, THAT'S WHAT IT SEEMED LIKE TO US.
I MEAN, WHAT, WHAT'S THE NUMBER? WHAT'S THE NUMBER 1 56.
AND, YOU KNOW, WE, WE SAID THAT IN LOW, WE COULD LOWER THE PERCENTAGE OF TIME.
SO IF IT'S ASSUMING, AND I'M LOOKING AT MY MATH, I'M NOT THE MATH LADY.
SO, UH, AT 156,000, THAT'S ASSUMING THAT OVER THE COURSE OF A YEAR EMPLOYEE SPEND 7%.
SO WE CAN COME UP WITH THE EXACT NUMBER FOR 6% OR 5%, BUT, UH, WHATEVER PERCENTAGE THAT IS, THAT WOULD BE WHAT WE WOULD ASSUME THE EMPLOYEES MAKE.
Y'ALL CAN SEE IT IN SOME WAYS, IF YOU HAVE TIME.
SO WHEN DO YOU, WHEN DO YOU EXPECT THAT DECISION TO BE MADE?
[00:45:01]
SO COUNCIL CAN MAKE A CONSIDERATION.I DON'T KNOW WHEN EVERYBODY CAN GET BACK TOGETHER.
AND THAT'S EXACTLY WHAT I WAS GOING TO SAY.
I WAS SAYING THAT, UH, WE, YOU KNOW, WE'RE TWO DIFFERENT ENTITIES AND WE HAVE TO PAY THE FAIR MARKET VALUE, UH, WITH AT LEAST AGREEMENT.
SO, AND I UNDERSTAND THAT TOTALLY, BUT AT THE SAME TIME, IF THE CITY HAS PROVIDED ANY TYPE OF SERVICES BASED UPON, AND I, I AGREE WITH WHAT THE ATTORNEY IS SAYING WITH YEARS OF SERVICE OF INDIVIDUALS IN DIFFERENT DEPARTMENTS, THEY HAVE TO BE PAID ACCORDINGLY.
SO I DON'T KNOW IF IT'S CALLED BACKING UP A NUMBER, OR IF WE ARE TRYING TO, YOU KNOW, AGREE UPON A NUMBER.
I THINK IT'D BE BETTER TO JUST SAY AGREE UPON A NUMBER.
SO HOPEFULLY YOU GUYS CAN GO, I DON'T KNOW WHEN YOUR NEXT MEETING IS, IF YOU COULD GET BACK TOGETHER AND PRESENT THIS AS AN ENTIRE COUNCIL, WE CAN DECIDE, YOU KNOW, WHAT'S GOING TO BE THE BEST OPTION FOR THE CITY, BOTH THE CITY AND THE EDC.
OUR NEXT BOARD MEETING LIKE CHAIRMAN, OH, GO AHEAD, GO AHEAD.
THE DIFFERENCE IS $23,000, CAN WE MEET A HAPPY MEDIUM INSTEAD OF FIVE TO SIX, WE WOULD COME UP WITH A PERCENTAGE.
WE CAN COME UP WITH A PERCENTAGE ESTIMATE.
I THINK HE HAD HAD A 5,150 6,000.
WE CAN MAYBE COME BACK TO THIS ISSUE IN, IN, IN, IN, IN THIS SAME MEETING AND COME UP WITH A PERCENTAGE, BUT OVER THE STAFF LOOKED AT IT.
AND THE STAFF ESTIMATED THAT THEY SPEND ABOUT 7% OF THE TIME WITH THE EDC.
THE FLIP SIDE OF IS, AND I HOPE I'M NOT TALKING TOO MUCH.
IS THAT THE, IS THAT IF WE WERE TO GIVE YOU A ITEMIZED BILL, YOU KNOW, YOU MAY BE LOOKING AT SOMETHING MORE, BUT THAT IS AN ESTIMATE, A REASONABLE, I THINK, A REASONABLE AND LEGAL ESTIMATE OF WHAT WE DO.
WE CAME UP WITH ABOUT 7% OF THE TIME.
UM, BASICALLY WE, WE HAVE TO CHARGE FOR RENT.
WE HAVE TO CHARGE FAIR MARKET VALUE.
UM, THERE HAS TO BE A REIMBURSEMENT ON OUR END FOR PROFESSIONAL SERVICES.
WE'RE A SUBSIDIARY OF EACH OTHER, YOU KNOW, W WE WORK TOGETHER, WE'RE A TEAM.
THIS SHOULD BE SOMETHING THAT WE CAN WORK OUT PRETTY EASILY AND GET TO A NUMBER AND SETTLE THIS SO WE CAN BE DONE WITH IT.
I'M REALLY TIRED OF HAGGLING BACK AND FORTH ABOUT WHO OWES, WHO NEEDS TO PAY, WHO, OKAY, LET'S COME UP WITH A NUMBER WHERE THERE, WE CAN'T GIVE YOU AN INVOICE FOR THE SERVICES RENDERED.
LET'S COME TO A CONCLUSION SO THAT WE CAN GET TO THE BUSINESS OF THE CITY OF PORT ARTHUR.
WE NEED TO GET TO THE, WE NEED TO GET TO THE MEAT OF THE MATTER, AND THAT IS BUSINESS IN THIS CITY.
WE'LL BRING IT BACK TO OUR BOARD NEXT MEETING.
[III. *CLOSED MEETING ( EXECUTIVE SESSION)]
LIKE TO DO AT THIS JUNCTURE, UH, EXECUTIVE SESSION.YEAH, BECAUSE IT WAS THE LAST DISCUSSION ITEM.
SO WHAT WE WOULD DO IS JOIN OUR, GOING TO EXECUTIVE SESSION ON, IN AUDIT TO COMPLY WITH THE REQUIREMENTS OF SECTION 5, 5, 1 0.101 OF THE, UH, CHAPTER 5 50, 1 OF THE OPEN MEETINGS LAW OF THE DUTCH GOVERNMENT COAT, FORMALLY ARTICLE 62 52 DASH 1 7 6, SECTION TWO, SUBSECTION EIGHT.
PRIOR TO GOING INTO THE CLOSE MEETING, THE PRESIDING OFFICER OF THE CITY SHOULD MAKE THE FOLLOWING PUBLIC ANNOUNCEMENT.
IN THE CLOSED MEETING, WE WERE DEALING WITH SECTION 501.07, FOUR OF THE GOVERNMENT CODE TO DELIBERATE THE APPOINTMENT OF THE CHIEF EXECUTIVE OFFICER FOR THE PA EDC.
AND SECONDLY, WE WOULD DEAL WITH TEXTING FIREFIGHTER 1.07, FOUR OF THE GOVERNMENT CODE TO DELIBERATE THE APPOINTMENT DUTIES AND RESPONSIBILITIES OF LEGAL COUNSEL FOR THE P A E D C AND AS HAS BEEN STATED.
AND I WILL REITERATE IF ITEMS FOR ACTION AND A VOTE WOULD COME FROM THE EXECUTIVE SESSION, WE WILL RETURN TO THIS VENUE AND VOTE PUBLICLY ON THOSE ITEMS IF THEY ARE OCCURRING,
[00:50:01]
AS I JUST DESCRIBED.SO AT THIS JUNCTURE, WE WILL, UH, JOIN AND MOVE RIGHT BACK HERE.
I THINK EVERYONE ELSE, UH, CHIEF, UH, DURING, SO HAS THE ATTORNEY EXPLAINED TO YOU WHAT W WHAT WE NEED OUT THERE? OKAY.
SO WE WILL, UH, DISMISS, I WOULD SAY I SIT HERE AND MOVE OUT INTO THE OUTER AREA FOR THE EXECUTIVE SESSION.
UH, WE ARE READY TO RECONVENE AND W W OKAY.
UH, KITTY SECRETARY, YOU'RE GOING TO ESTABLISH THE QUORUM FOR YES, SIR.
MAYOR BARTY MAY APPROACH HIM FRANK PRESENT COUNCIL MEMBER HOLMES, COUNCIL MEMBER JONES, COUNCIL MEMBER KINLAW COUNCIL MEMBER MARK'S COUNCIL MEMBER, MOSES.
YOU HAVE A POOR MAYOR, EDC BOARD MEMBERS, DARRELL ANDERSON, BEVERLY RAYMOND, CHRISTOPHER SMITH WERE SHOD HARRIS SAPRINA, FRANK, JARED LUBBOCK, RHONDA CONNOR.
UH, THERE IS NO ACTION TO THE EXECUTIVE COMMITTEE.
DID WE HAVE ACTION, MR. MAYOR ON THE EDC DIRECTOR? I WANT TO MAKE A MOTION, OR I'D LIKE TO MAKE A MOTION THAT THE, THAT THE RECOMMENDATION FROM THE EDC FOR THE DIRECTOR BE ACCEPTED.
AND SECOND THAT WE WOULD HAVE A VOTE ON THE EDC DIRECTOR.
UH, ARE WE READY TO, UH, ROLL CALL VOTE, PLEASE.
CAN YOU JUST FOR THE RECORD? UM, SO WE'LL, WE'LL HAVE A CA UH, SO WE, CAUSE WE'D HAVE TO GO FORWARD WITH THE AGREEMENT.
CAN YOU JUST STATE THE NAME? SO WE'LL, IT'S JUST A RECOMMENDATION THAT WAS PRIOR MADE.
THAT'S HOW IT IS ON THE RESOLUTE ON THE, UH, ON THE ITEM.
SO YOU WANT TO GO FORWARD WITH THE RESOLUTION, THE RECOMMENDATION THAT WAS PREVIOUSLY MADE BY THE EDC BOARD.
I JUST WANTED TO CLARIFY THAT FOR THE CITY SECRETARY, THE RECOMMENDATION COMING FROM THE EDC FOR THE EDC DIRECTOR, I'M SAYING IF I JUST WANTED TO ABSTAIN AND NOT VOTE, OR WHAT, WHAT DOES HE NEED TO GO THROUGH ON THAT WHEN HE RAPED ME FOR THE ROAD CLUB? YES.
I WANT TO ADDRESS IT RIGHT HERE.
EDC HAS ONE CLARIFICATION THAT THEY WANT TO MAKE, YOU WANT TO MAKE THIS CONTINGENT UPON.
UM, DO YOU REMEMBER THE CHANGE OF THE SALARY? LET ME RE RE RESTATE MY MOTION.
I MAKE A MOTION THAT THE RECOMMENDATION FOR THE EDC DIRECTOR BE MADE CONTINGENT UPON THE CHANGE OF THE $172,000 SALARY FOR HER TO COME TO THE CITY OF PORT AUTHOR.
AND THEN WITH THAT MOTION, DO YOU AUTHORIZE THE AGREEMENT TO BE EXECUTED AND, AND THIS MOTION WILL I DO? OKAY.
AND I WANTED TO MAKE THAT, UM, WHAT I WANTED TO ADDRESS, UH, IN THIS SAYING, I WANT TO THANK ALL OF THE, UH, EDC, UH, INDIVIDUALS FOR BRINGING FORTH THIS RECOMMENDATION.
UH, WE HAVE HEARD YOU, UH, AND, UH, WE APPRECIATE YOUR WORK AND YOUR DILIGENCE, UH, FOR WHAT YOU HAVE DONE.
UH, AND WE ONLY HOPE AND PRAY THAT ALL OF THE HOPES, DREAMS, AND ASPIRATIONS OF THE CITY OF PORT ARTHUR WILL BE FOUND AS THIS PERSON.
WE TRUST THAT THE RECOMMENDATION WILL BE A SUBSTANTIAL.
UH, AND WE, UH, PRAY, UH, THE, YOU KNOW, THAT ALL WOULD BE WELL IF THIS RECOMMENDATION PASSES ON TONIGHT.
MAYOR LIKE TO THANK THE EDC, UM, DIRECTORS AS WELL.
YOU VOLUNTEER YOUR TIME FOR THE SERVICE OF CITY OF PORT ARTHUR, AND YOU ARE PROFESSIONALS AND YOU HAVE DONE A GREAT JOB.
I'VE BEEN ON COUNCIL SINCE 2015, AND ALL OF MY APPOINTEES HAVE SERVED WELL AND DONE A GREAT JOB.
AND I REALLY APPRECIATE WHAT YOU DO IN OUR CITY, BECAUSE THERE'S NOT, I MEAN, YOU JUST REALLY PROFESSIONAL PEOPLE.
I THINK IT'S ONE OF THE BEST BOARDS IN THE CITY.
SO I DO COMMEND YOU ON DOING YOUR DUE DILIGENCE AND HOMEWORK, INTERVIEWING ALL OF WHAT YOU GUYS HAVE DONE.
I MEAN, FROM THE BOTTOM OF MY HEART, EVERY ONE OF YOU HAVE MADE ME PROUD.
SO THANK YOU SO MUCH FOR YOUR SERVICE TO TALK IN THE MIDDLE OF A MOTION.
SO IF YOU WANT TO CALL FOR QUESTIONS,
[00:55:01]
CAUSE WE WERE IN THE MIDDLE OF THE WORLD, BUT SOMETIMES YOU DO CALL FOR QUESTIONS.THE CITY'S ATTORNEY SAY THE SECRETARY SAID, WE'RE STILL IN QUESTIONS.
THE MAN, THE MAYOR HAD NOT CALLED FOR A QUESTION.
I DID TELL FOR CLOSING, BUT YOU RESTATED A MOTION MAY HAVE POKE YOU UP SO THAT IF YOU HAD A WHOLE NEW, OKAY.
AND I WAS TOLD TO RESTATE MINE.
SO AT THIS POINT, ARE YOU ALL STILL IN THE QUESTION? NO.
WAIT, JUST A MINUTE, JUST A MINUTE.
AT THIS POINT OF ALL OF EVERYTHING THAT'S TO BEGIN ALL OVER AGAIN, IF YOU DO IT CORRECTLY.
NOW I WAS STATING THAT THERE WAS NO ACTION.
I WAS CORRECTED BECAUSE OF COSTA PERSON SAID HE DOES HAVE AN ACTION.
SO AT THIS TIME, MAY I POKE HIM? YOU HAVE ACCIDENT.
GO AHEAD, MR. WE'VE ALREADY HAVE A MOTION AND A SECOND, MR. AND YOU GET, GET THE AMENDED MOTION.
I WANT TO BE SURE BECAUSE THE MATH AND STUFF, MAYBE I CAN USE IT, YOU KNOW, BUT I WAS, I WAS LIKE, I WAS STILL ON THE FIRST ONE.
SO THEY'VE GIVEN SOME, IF SOMEBODY HAS ANY STATEMENTS, I'M SORRY.
YOU LIGHT DOESN'T WORK WITH THE NAMES THAT HE'S ON IT.
ANY COURSE GETTING RID OF THIS ON THIS NASCENT AND MAYO MAYO.
SHOULD WE ADD AFTER THE SATISFACTORY COMPLETION OF THE BACKGROUND CHECK AND ALL YOU DID IMPLIED.
BUT, BUT WOULD IT BE A PROBLEM JUST TO STATE, I UNDERSTAND WHERE HE'S GOING WITH IT JUST STATED SO WE CAN HAVE IT FOR THE RECORD.
SO PEOPLE THAT'S THAT'S OUT THERE THAT UNDERSTANDS THIS AND CONTINGENT UNTIL THE BACKGROUND IS COMPLETE AND A SATISFACTORY BACKGROUND COMES BACK TO THIS COUNCIL WITH ALL RIGHT.
JUST, JUST STATED, I'D LIKE TO AMEND MY MOTION.
ARE YOU GOING TO AMEND THE MOTION WITH THE FACTS HE WAS TALKING ABOUT? WOW.
I THINK I WOULD SIMPLY SEEKING TO DO WHAT COUNCILMAN KINLAW WAS SAYING WAS TO AMEND THE MOTION TO EDD BASED UPON, BASED UPON A BACKGROUND CHECK.
ALL OF THAT, THAT I WAS ASKING WOULD BE CONTINGENT UPON A BACKGROUND CHECK.
WELL, NOT ONLY THE BACKGROUND CHECK, MAY I APPROACH HIM ALL THOSE OTHER ITEMS THAT GO WITH HUMAN RESOURCE? THAT'S AN UNDERSTOOD.
IT'S IMPLIED, BUT A BACKGROUND TAKE WOULD BE ON PRIDE, BUT HE WAS SAYING HE WANTED TO JUST HAVE IT.
SO WOULD YOU MIND ADDING IT TO YOUR MODE? NO, I DON'T.
CAN I JUST SPEAK? DOESN'T MATTER.
THEY DIDN'T, THEY DIDN'T LET HIM GO INTO MAINTENANCE MODE.
THANK WHEN YOU PUT A CONTRACT TOGETHER, ALL OF THOSE CONTINGENCIES ARE IN THE CONTRACT.
I MEAN, AND ALL OF THAT, WHEN YOU MAKE HER AN OFFER, IF YOU LOOK AT THE CONTRACT, EVERY PAGE OF THAT, THAT WE WERE EMAIL IT'S IN THE CONTRACT, STATING IT OUT, STATING IT OUTWARDLY.
IT'S ALMOST AS IF WE'RE CALLING IT OUT, WE NEED TO LEAVE IT IN THE, WE DO THE SAME THING FOR THE CITY MANAGER AND ANY OTHER POSITION CONTRACT POSITION THAT WE HIRE.
WE NEVER STAYED THAT WE'VE NEVER DONE THAT.
SO IT TURNED OUT THAT THAT'S NOT, THAT'S NOT A GOOD THING TO DO.
SO MY UNDERSTANDING IS WE HAVE A MOTION TO ACCEPT THE EDCS RECOMMENDATION.
AND WITH THAT RECOMMENDATION, THEY HAVE, UH, ATTACHED TO CONTRACT AND WE AUTHORIZE THE EXECUTION OF THAT CONTRACT, WHICH DOES INCLUDE ALL THE APPOINTMENTS.
SO THE RECOMMENDATION AND THE CONTRACT IS TO BE OFFERED THE BEST.
COUNSELING WAS STILL CONFUSED IS THIS BOY IS PUZZLING ME.
I DON'T SEEM LIKE WE, NOW WE HADN'T SPENT NOT SELLING HIM.
SHE HELPED ME NO MATTER IF I HAD THE BOAT.
AND I THINK MY MIND RIGHT NOW THAT THIS IS A CHAIN OF TWO MINUTES AFTER ATTENTION.
SO I'LL SEE, BUT I'M NOT COMFORTABLE.
WELL YOU JUST YOU'LL DO THAT AT THE ROLL CALL.
I'M READY TO ALSO OTHER, OKAY.
I HAVEN'T DONE READING THIS BEING, BEING RIGID, EXPRESS IT, OR AM I IN ORDER TO DO IT? W WELL, I THINK WE'RE IN THE PROCESS OF VOTING OR WHEN THERE ARE QUESTIONS.
IS IT COMING THE REASON I'M NOT COMFORTABLE WITH PARTICIPATING IN A VOTING AT THIS PARTICULAR TIME? THERE ARE TWO COUNTS OF PERSONS FOR, UH, UH,
[01:00:01]
EXTENUATING CIRCUMSTANCES WHO ARE NOT HERE.I THINK ON SOMETHING AS IN PART OF IT IS WHAT WE'RE DOING RIGHT NOW, I WOULD REALLY WANT, AND I WOULD PREFER HAVING AN ENTIRE COUNCIL HERE AND HAVE THAT INPUT.
AND WITH THAT IN MIND, I ONLY CALL FOR A WRONG CALL TO VOTE.
AND, UH, WE EITHER ABSTAIN OR VOTE, YAY.
CAPO ROW COST, OR THE CITY SECRETARY CAN.
AND WE CAN GO TO THE ROLL CALL, MAN.
SHE AREA MORE, UH, MIA COUNSELING, UH, ADC DIRECTORS.
I'M GONNA RETRACT MY STATEMENT.
I MAY JUST NOT HAVE FELT MY DAUGHTER HAS SPOKEN.
COUNCIL MEMBER HOLMES, COUNCIL MEMBER JONES, COUNCIL MEMBER KINLAW COUNCIL MEMBER MARKS, COUNCIL MEMBER, MOSES MAYOR BARR TEAM STRAINED MEASURE PASSES BY FOUR.
ONE ITEM FOR CLARIFICATION IS ONE SECOND.
WHICH IS WHICH ITEM IS IT? UM, THE ITEM AS IT RELATES TO THE ADMINISTRATIVE SERVICES.
JUST, HE WANTS TO JUST MAKE ONE LITTLE CLARIFICATION ON ITEM NUMBER FOUR, IF THE DISCUSSION BRING IT TO THE, TO THE COUNCIL'S ATTENTION THAT, UM, BASED ON THE LIST OF SERVICES THAT HAS BEEN PROVIDED TO THE COUNCIL AND TO EDC, WE HAD, UM, IT WAS STATED AT 0.07%.
THERE WAS AN AMOUNT THAT WAS SEATED HERE, 156,000.
IF WE GET TO A HAPPY MEDIAN OF 6%, IT WOULD BE AT THE POINT OF $153,900, $902.
SO THAT'S JUST SOMETHING FOR US TO TAKE INTO CONSIDERATION.
I DO UNDERSTAND THAT THE BOARD IS GOING BACK IN GOOD FEET AND CONSIDERING, BUT I JUST WANTED TO MAKE THAT AS PART OF THE BATTLE.
AND HAPPY NEW YOU ALL, YOU ALL, YOU ALL UNDERSTAND IT AS WELL WITH HER BOOK.
I ONE TO SAY, SO THAT WOULD BE OF COURSE, JUST FOR CLARITY PURPOSES AND FOR THE PUBLIC THAT'S LISTENING AS THE MAYOR, AS THE MANAGER OF STATED SO 133 WOULD BE THE CHARGE FOR THE BUILDING.
AND THEN 133 WITH THAT PERCENTAGE GIVEN OFF OF THE 1 56 WOULD GIVE US A COMPLETE WASH WASH.
AND JUST FOR THE SAKE OF MAKING SURE THAT ALL LEGAL REQUIREMENTS MET, THESE ARE TWO SEPARATE AND INDEPENDENT CONTRACTS, SO THEY'RE NOT CONTINGENT, BUT WE'VE LOOKED AT BOTH COSTS.
AND THIS IS THE PRESENTATION THAT WE'RE MAKING ON.
WE ACCEPTING WHAT THE EDC HAS COME UP WITH, WHICH WAS 1 33.
AND THEN WE'RE, WE'VE GIVEN SOME FACTORS THAT AT LEAD TO WHERE WE COME FROM AT THE 6%.
SO THEY CAN COME BACK WITH ACCEPTING OUR, DID THEY GET WHATEVER VOTE THEY TAKE, WHATEVER.
BUT WE JUST WANTED TO CLARIFY WHERE THOSE NUMBERS CAME FROM.
AND AS THE MANAGER SAID, IT'S A REASONABLE ESTIMATE.
THAT'S WHAT THAT'S JUST BEING WHAT'S PRESENTED.
UH, ANY OTHER, DID YOU ASK HIM TO SAY MR. LUBBOCK ON THE OTHER ITEMS AS WE MOVE FORTH WITH, UH, THE ATTORNEY OR ANY, ANYTHING? UH, WE THINK THAT'S IMPORTANT ENOUGH THAT Y'ALL WOULD WANT TO KNOW ABOUT, UH, WE'LL HAVE A LETTER OR A EMAIL SENT OUT TO YOU AND THE CITY MANAGER, UM, REQUESTING YOUR PRESENCE.
THAT WAY YOU CAN SEND WHOEVER YOU WANT OR YOU SEND WHOEVER YOU WANT, THEN WE WON'T GET TO THIS BOTTLENECK.
AND THIS THERE STAB NUMBER, TELEPHONE NUMBER, LAST THING.
THE OTHER ITEMS THAT WE, WE HAVE WORKED THOSE OUT PUBLICLY, AND THEY'RE GOING TO COME BACK AND WE'RE GOING TO VOTE ON THE OTHER ITEMS AT THE NEXT COUNCIL MEETING.
AM I CORRECT? THE NEXT MEETING? I THINK THEY'VE ALREADY SENT THEM OVER.
I'M READY IF YOU ENTERTAIN A MOTION FOR ADJOURNMENT.
ANY OPPOSED? THANK YOU ALL FOR YOUR ATTENDANCE ON THE EVENING.