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GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME IN PROGRESS.
GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME TO THE REGULARLY SCHEDULED, UH, CITY COUNCIL MEETING FOR JANUARY 9TH, 2023.
[I. INVOCATION, PLEDGE & ROLL CALL]
PLEASE STAND FOR THE INVOCATION.FATHER, GOD, WE THANK YOU OH GOD, FOR ALLOWING US AN OPPORTUNITY TO CONTINUE TO SERVE THE CITIZENS OF PORT ARTHUR IN THIS COMING YEAR OF 2023.
WE THANK YOU FOR THIS FIRST MEETING OF 2023.
WE PRAY, GOD, THAT EVERYTHING THAT IS DONE AND THAT IS SAID IN THIS MEETING WILL BE TO YOUR GLORY AND TO ENHANCE THE CITIZENS OF PORT ARTHUR AND WILL BE DONE TO YOUR HONOR.
PLEASE JOIN US IN THE PLEDGE PLEDGE TO LEAD YOU TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
MAY I HAVE THE ROLL CALL, CITY SECRETARY, PLEASE.
ARE THERE ANY PROCLAMATIONS TO BE READ? OKAY, WE'LL MOVE
[III.B.1. A Presentation By Staff Regarding Update On Crime And Police Department Vacancies (Requested By Councilmember Kinlaw)]
ON TO PETITIONS AND COMMUNICATIONS.OUR FIRST, UH, PRESENTATION WILL BE BY THE STAFF OF THE, UH, POLICE DEPARTMENT, MAYOR PROTE.
UM, YES, I, I GOT IN CONTACT WITH CHIEF.
UH, WE HAVE SOME, UH, STATISTICAL DATA THAT WE'RE WAITING ON.
SO IF AT THIS TIME IF I CAN, UH, PUT THIS BACK CITY SECRETARY, WE'LL PUT IT ON THE NEXT, UH, AGENDA, IF THAT'S B OKAY.
[III.B.2. A Presentation By The Texas Water Development Board Regarding The City Of Port Arthur Finance Policy Manual]
A PRESENTATION BY THE TEXAS WATER DEVELOPMENT BOARD REGARDING THE CITY OF PORT ARTHUR FINANCE POLICY MANUAL.IS THERE REPRESENTATIVE OF THE WATER BOARD HERE? OH, THEY'RE ON THE, THE ZOOM.
CAN I ASK THE, I CAN, WOULD YOU INTRODUCE YOURSELF TO US AND, SURE.
MY NAME IS DENNIS KIOS AND I AM DIRECTOR OF THE CFO GO PROGRAM AT THE, UH, TEXAS WATER DEVELOPMENT PROGRAM, UH, BOARD.
AND I'M VERY HAPPY TO BE HERE, SOMEBODY TO TALK TO YOU ABOUT THE PROGRAM.
BUT, UM, I WANTED TO, UH, WISH YOU ALL AND THE COUNCIL AND STAFF, UH, IT'S A PLEASURE TO BE HERE THIS MORNING, WHAT I WANTED TO DO WAS TO COVER FOUR AREAS.
ONE, THE PROGRAM MISSION THAT THE CFO TO GO PROGRAM SECTION.
SECOND WOULD BE HOW WE SELECT PARTICIPANTS IN THE PROGRAM.
A THIRD ITEM WOULD BE A VERY BRIEF SUMMARY OF PROGRAM DESCRIPTION.
AND THEN, UH, NUMBER FOUR WOULD BE TO LEAD INTO A DISCUSSION BY THE CONSULTANTS ON THE PROJECT OUTCOME AT PORT ARTHUR.
SO I'LL LEAD OFF WITH THE MISSION.
THE MISSION OF CFO DEVELOP PROGRAM AT THE TEXAS WATER FOR IS TO PROTECT STATE AND FEDERAL INVESTMENTS, LOCAL AMENITIES BY MITIGATING THE RISK OF ROOM FAULT.
UH, WE ALSO INTEND TO ASSIST PARTICIPATING ENTITIES BY IDENTIFYING OPPORTUNITIES TO STRENGTHEN CONTROLS INTENDED TO SUPPORT FINANCIAL OPERATIONS.
AND FINALLY, UH, OUR GOAL IS TO HAVE THE CITY AND FOR THE DW DB FROM ENHANCED CITY PROCESSES AND STRONG STATE AND LOCAL PARTNERSHIPS.
SO HOW DO WE SELECT PARTICIPANTS? WE GO THROUGH A, UH, THE WAITING PROCESS BASED ON CERTAIN CRITERIA, THE
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SIGNIFICANT, WE LOOK FOR ENTITIES WITH A HISTORY OF MATERIAL WEAKNESSES IN INTERNAL CONTROL, FINANCIAL REPORTING IDENTIFIED BY THE ENTITIES.WE ALSO TAKE INTO CONSIDERATION OF THE TIMELINESS OF AUDITS AS LAY AUDITS CAN BE LEADING INDICATORS, BOTH POTENTIALLY DEEPER ISSUES WITHIN THE, UH, CITY OR ENTITY.
UM, AND THEN FINALLY, MOST IMPORTANTLY, I THINK WE ARE LOOKING FOR ENTITIES BIAS FOR CONSTRUCTIVE CHANGE.
THIS COUNCIL INDICATED THEIR COMMITMENT TO THE PROCESS WHEN THEY APPROVED PARTICIPATION, THE PROGRAM FEBRUARY.
SO HOW DOES THE PROGRAM WORK? WELL, FIRST OF ALL, THE PROGRAM ACHIEVES PROGRAM GOALS BY PROVIDING CONSULTING EXPERTISE TO THE CITY FREE OF COST.
THERE ARE INDIRECT COSTS IN TERMS OF THE STAFF TO CONSULTANTS TO CURRENT CONDITIONS, IS TO AGREE ON WHAT CORRECTIVE OR IMPROVEMENT OPTIONS, UH, WOULD WORK BEST FOR THE, UH, SITTING THE, UH, FINANCIAL CONSULTANTS THAT WE CONTRACT WITH A SNAPSHOT OF ACTIVITIES, CONDITIONS AT THE CITY, PRIMARILY IN THE FINANCIAL RELATED OPERATIONS.
THE CONSULTANTS IDENTIFIED THE OPPORTUNITIES TO IMPROVE OPERATIONS, UM, AND THE CONSULTANTS WORK WITH THE STAFF TO FILM DOCUMENTATION, WHICH IS KEY WE FIND TO, UH, CONTINUITY, UM, PARTICULARLY IN, IN ENTITIES WITH HIGH TURNOVER, UM, AS I, AS THE CITY HAS EXPERIENCED OVER THE LAST SEVERAL YEARS.
UM, SO THAT'S THE OVERALL PICTURE OF WHAT THIS PROGRAM IS ALL ABOUT.
WE HAVE GIVEN, UH, THE OPPORTUNITY PARTICIPATE IN THIS PROGRAM TO APPROXIMATELY 20 ENTITIES THAT HAVE RESULTS.
SO I WILL LEAD IT TO, TO DISCUSS THE, UH, FINAL WORK PRODUCT RESULTING FROM THE PROJECT.
AND LINDSEY IS WITH RESK L UM, AS LINDSEY WILL EXPLAIN ADOPTION AND IMPLEMENTATION PROCEDURE, MANUAL, MANUAL, UH, GENERATED IN THIS PROCESS WHEN AN ENACT SHOULD HELP ADDRESS ISSUES NOTED IN PREVIOUS ANNUAL FINANCIAL REPORTS.
SO WITH THAT, I'LL TURN IT OVER TO LINDSEY CAL.
I'M CONSULTANT WITH HER CLINIC LLT.
UM, AND FIRST OF ALL, UH, IT HAS BEEN AN ABSOLUTE PLEASURE TO HAVE THE OPPORTUNITY, UH, TO WORK WITH A NUMBER OF PERSONNEL AT THE CITY.
UM, THIS EFFORT WOULD NOT HAVE BEEN POSSIBLE WITHOUT THEIR ASSISTANCE.
UM, SO WE CAN'T HAND OVER JUST A, A SET OF HEALTH PROCEDURES AND IT'S STUCK FOR THE WORK FOR YOUR CITY.
THE INSIGHTS THAT HAVE BEEN PROVIDED BY YOUR PERSONNEL WERE ABSOLUTELY CRITICAL FOR, UH, AND BEEN THE FOUNDATION OF THE WORK WE'VE BEEN DOING.
SO, AND DANIEL AND I HAVE BEEN WORKING ON UPDATING YOUR FINANCIAL POLICIES AND PROCEDURES.
UM, WE'VE BEEN DEVELOPING A FRAMEWORK FROM THE REMOVING SOME OF THE FINANCE DEPARTMENT PROCESSES AS WELL.
UM, WE DIRECTED OUR WORK PRIMARILY TOWARDS ADDRESSING UNDERLYING ISSUES IDENTIFIED PREVIOUS AUDIT.
UM, WE'VE ALSO STEPPED BACK AND TRIED TO TAKE A LOOK AGAIN.
DENNIS' SET IT FINANCE DEPARTMENT PROCESSES OUR WHOLE, SO THE WAY THAT WE WENT ABOUT ADDRESSING SOME OF THESE CONCERNS WERE WE FOCUSED ON UPDATING POLICIES AND PROCEDURES AND CREATING THE STRUCTURE.
AND THAT STRUCTURE WHEN, AND IMPLEMENTED BY THE CITY SHOULD ASSIST THE FINANCE DEPARTMENT IN BEING ABLE TO BETTER ADDRESS THOSE AREAS OF MATERIAL WEAKNESS OR, UH, INTERNAL CONTROL.
IT SHOULD GIVE THEM TOOLS, UM, THAT THEY CAN USE.
WE'VE ALSO BEEN WORKING TO BUILD A COUPLE OF FRAMEWORKS AND CHECKLISTS AND CHECKINS.
SO, UM, THESE SHOULD PROVIDE THE UNDERPINNING FOR IMPROVED PROCESSES AND PROCEDURES IN THE FINANCE DEPARTMENT AS A WHOLE.
WE GIVE CAN AND HER PERSONNEL IN THE FINANCE DEPARTMENT, UH,
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SOME, SOME ADDITIONAL ABILITY TO ORGANIZE AND, AND WORK THROUGH SOME OF WHAT THEY, UH, THE JOBS THAT THEY DO.VERY, VERY ON THE, ONE OF THE, UH, PURCHASING DEPARTMENTS, UH, GOALS AS WELL.
UM, WORKING WITH CLIFTON WILLIAMS TO, UH, CREATE A CHECKLIST THAT WE SHOULD BE ABLE TO GIVE SOME HELP TO HIM IN WORKING WITH DEPARTMENT HEADS.
AND THAT HAS, UH, THAT IS LARGELY WHAT WE HAVE BEEN ABLE TO PROVIDE TO THE CITY OF ARTHUR.
UPDATED POLICIES, PROCEDURES, A LITTLE BIT OF FRAMEWORK AND REFERENCE.
WAS THERE SOMETHING YOU WANTED TO ADD, CANDY? NO.
ANY QUESTIONS, COUNSEL? WHEN KEN
UH, IT WAS KIND OF HARD TO HEAR, UH, YOUR PRESENTATION, BUT, UH, I'M GUESS WE'RE GONNA MAKE DUE WITH THE INFORMATION YOU PROVIDED THAT I DID HERE.
SO IF I HAVE ANY QUESTIONS, I'LL MAKE SURE I GET WHAT THE CITY MANAGER ABOUT THOSE DETAILS.
UH, IN REVIEWING THE, UH, THE POLICY MANUAL, I'VE ALREADY SPOKEN TO THE CITY MANAGER ABOUT THIS.
THERE, THERE'S CERTAIN AREAS, THERE'S CERTAIN AREAS IN, UH, IN HERE THAT, UH, THERE'S, UH, SOME AMBIGUITY ABOUT THE WORDING.
UH, UH, I GUESS SPECIFICALLY WILL VERSUS SHELL AS FAR AS DEPARTMENT POLICIES AND WHETHER OR NOT, UH, DEPARTMENTS OR SHELL BE RESPONSIBLE OR WILL BE RESPONSIBLE, THAT THAT LEAVES A LITTLE WIGGLE ROOM.
UM, AND TALKING WITH THE CITY MANAGER, WE'RE GONNA LOOK AT THAT AND SEE, I'VE, I'VE IDENTIFIED SEVERAL PLACES IN THIS, IN THIS DOCUMENT WHERE, UH, WE PROBABLY NEED TO, TO CHANGE THE WORDING IN THERE A LITTLE BIT.
ANY OTHER QUESTIONS OF COUNSEL? THERE IS A COMPANION, UH, ORDINANCE THAT WE'LL MEET.
MOVE TO ON PAGE SIX OF OUR, UH, AGENDA.
IT'S PR 22 95 6 AND THE RES, IT'S A RESOLUTION ADOPTING THE CITY OF PORT ARTHUR FINANCE POLICIES MANUAL.
MAY I HAVE A MOTION PLEASE, MA? SECOND, IT'S BEEN A QUESTION.
I WOULD LIKE TO MAKE A RECOMMENDATION THAT WE TABLE THIS ITEM AND, UM, IT'D BE BROUGHT BACK AFTER THE DISCUSSION.
AT THIS TIME, UH, WE NEED A MOTION TO TABLE.
IT'S BEEN MOVED IN SECOND TO TABLE, UH, PR NUMBER 22 956 UNTIL, WHAT WAS YOUR RECOMMENDATION? TILL THE NEXT MEETING.
HOLD THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.
ANY OPPOSITION? MOTION CARRIES THERE BEING NO PUBLIC HEARINGS.
[V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER)]
REPORTS, ITEMS OF COMMUNITY INTEREST, UH, IN THE ABSENCE OF THE MAYOR, AND WE WANNA KEEP OUR MAYOR STILL IN PRAYER.UH, HE ASKED ME TO READ, UH, SOMETHING ABOUT AN ECONOMIC JUSTICE EVENT.
JOIN IN A CA DURING THE MLK FOUR DAY ECONOMIC JUSTICE EVENT.
IT'S A HISTORIC FREE EVENT TO CREATE WEALTH THROUGH AFFORDABLE HOUSER HOME OWNERSHIP.
THE OPPORTUNITY TO BUILD GENERATIONAL WEALTH THROUGH HOME OWNERSHIP ENHANCES THE QUALITY OF LIFE WE ASPIRE FOR.
IN PORT ARTHUR N ACA OFFERS A GREAT PARTNERSHIP FOR PORT ARTHUR RESIDENTS, AND THAT'S A QUOTE FROM OUR MAYOR, THURMAN VATI.
UH, THE EVENT WILL BE HELD JANUARY 13TH THROUGH THE 16TH, UH, AT THE RECREATION AND SENIOR CENTER, 1308 NINTH AVENUE, PORT ARTHUR, TEXAS, AND YOU WILL BE GETTING ADDITIONAL INFORMATION.
THERE MAY BE INFORMATION ON YOUR PACKET.
COUNSEL, YOU WILL HAVE ADDITIONAL INFORMATION REGARDING THIS ON YOUR, UH, EMAIL.
COUNCILMAN FRANK? NO, I'M SORRY.
[VII. CONSENT AGENDA]
THE CONSENT[00:15:01]
AGENDA.THE FOLLOWING ITEMS ARE OF ROUTINE NATURE ARE ADMINISTRATIVE NATURE.
THE COUNCIL HAS BEEN FURNISHED WITH SOME BACKGROUND INFORMATION AND SUPPORT MATERIAL ON EACH ITEM, AND OR IT HAS BEEN DISCUSSED AT A PREVIOUS MEETING.
ALL ITEMS WILL BE ACTED UPON BY ONE VOTE WITHOUT BEING DISCUSSED SEPARATELY, UNLESS REQUESTED BY A COUNCIL MEMBER OR A CITIZEN.
IN WHICH EVENT, THE ITEM OR ITEMS WILL IMMEDIATELY BE WITHDRAWN FROM INDIVIDUAL CONSIDERATION IN ITS NORMAL SEQUENCE.
AFTER THE ITEMS NOT REQUIRING SEPARATE DISCUSSION HAVE BEEN ACTED UPON.
ARE THERE ANY ITEMS THAT COUNSEL WOULD LIKE TO WITHDRAW? COUNCILMAN MARKS? UH, YES MA'AM.
UH, I'D LIKE TO, UH, REMOVE ITEM NUMBER 11.
WOULD THAT BE PR NUMBER 22 9 53? YES.
ANY OTHER COUNCIL MEMBER WITH THAT? WE'LL REMOVE AND COME BACK FOR, UH, FURTHER DISCUSSION ON ITEM 11.
MAY I HAVE A MOTION ON THE CONSENT AGENDA, PLEASE? SO, MOVE.
IT'S BEEN MOVED IN SECOND TO APPROVE THE CONSENT AGENDA IN THE DISCUSSION.
ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.
ANY OPPOSITION? MOTION CARRIES.
[VII.11. P.R. No. 22953 - A Resolution Authorizing The City Manager To Purchase One (1) Mack MD7 Commercial Truck For The Solid Waste - Commercial Division From Vanguard Truck Centers Of Houston, Texas, Through East Texas Mack And The Tips (Formerly Tips/Taps) Cooperative Purchasing Program For The Amount Of $196,662.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00-10-000, Project Number CE0005]
TO NUMBER 11, PR NUMBER 22,953.A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE MAC MD SEVEN COMMERCIAL TRUCK FOR THE SOLID WASTE COMMERCIAL DIVISION FROM VANGUARD TRUCK CENTERS OF HOUSTON, TEXAS THROUGH EAST TEXAS MAC.
AND THE TIPS, FORMERLY TIPS THAT SLASH TAPS COOPERATIVE PURCHASING PROGRAM FOR THE AMOUNT OF $196,662.
FUNDING IS AVAILABLE THROUGH THE CAPITAL IMPROVEMENT FUND ACCOUNT.
ACCOUNT NUMBER 3 0 7 DASH FIVE DASH 0 0 0 DASH 85 22 DASH ZERO ZERO DASH ONE ZERO DASH 0 0 0.
MAY I HAVE A MOTION PLEASE? SO MOVED.
ANY DISCUSSION, COUNCILMAN MARKS? YES.
UH, JUST, JUST A QUICK QUESTION, AND I PROBABLY SHOULD, UH, POSE THIS TO THE, UH, CITY MANAGER ON THE, UH, EQUIPMENT THAT'S BEING REPLACED.
IT'S, UH, IT WAS PURCHASED BACK IN 1996.
AND, UH, SO THAT MEANS THAT IT'S, UH, ALMOST 20 20, 20 23.
AND, AND SO WHAT, AND, AND THE NEW POLICY MANUAL THAT WE'RE GONNA, UH, LOOK AT AT THE NEXT MEETING, WE'RE TALK THERE, THERE'S A DEFINITION OF USEFUL LIFE.
SO, UH, WHEN WE, WHEN WE RUN EQUIPMENT PASSES USEFUL LIFE, IT ENDS UP COSTING US MORE TO, TO, TO MAINTAIN.
AND, AND, AND SO IS THERE, MY QUESTION IS, IS THERE A SCHEDULE AS TO WHEN WE REPLACE EQUIPMENT BEFORE IT STARTS TO COST US ENORMOUSLY IN, IN MAINTENANCE AND REPAIR COSTS? UM, YES.
COUNSELOR, THERE IS A SCHEDULE.
UM, IF WE RECALL, I HAVE PUT IN PLACE MR. UM, IVAN, IVAN, UM, MITCHELL AT THE, UM, THE TRANSIT DEPARTMENT WHO HEADS THE TEAM BEFORE WE PREPARE ANY BUDGET RIGHT NOW, AS FAR AS REQUESTS FOR EQUIPMENT IS CONCERNED, MR. MITCHELL AND HIS TEAM, THE, THE, THE MECHANICS IN THE GARAGE ARE TO SIT WITH EACH HEAD OF DEPARTMENT TO DETERMINE, YOU KNOW, THE USEFUL LIFE OF, UM, EQUIPMENT.
UM, BECAUSE WE HAVE FORMED IN THE PAST THAT THE PIECE OF EQUIPMENT VALUE THE $24,000, WE HAVE SPENT $90,000 ON IT OVER THE YEARS, WHICH IS JUST NOT ACCEPTABLE.
RIGHT? SO THERE ARE CERTAIN PROCEDURES THAT HAVE BEEN PUT IN PLACE RIGHT NOW TO ADDRESS THOSE SHORTCOMINGS, AND THAT'S JUST ONE OF THEM THAT, UM, WE ARE DOING.
AND, UH, WE WILL CONTINUE TO DO THAT TO MAKE SURE THAT, UM, YOU KNOW, THE ASSESSMENT IS BEING MADE IN GOOD TIME, IN GOOD TIME.
AND WE DO NOT GET TO SITUATIONS LIKE THIS IN THE FUTURE.
UH, IN THE PAST THAT HAS NEVER BEEN IN, IN EXISTENCE, AND FOR THE LAST TWO BUDGETS, WE HAVE BEEN VERY SUCCESSFUL IN IMPLEMENTING THOSE.
AND WE'LL CONTINUE TO DO THAT.
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UP, UH, IF YOU SAID THAT THE, THIS POLICY OR THERE WAS NO POLICY IN EXISTENCE PRIOR TO? NO, NOT THAT I'M AWARE OF, NO, NOT THAT I'M AWARE OF.UM, UM, THE REQUEST WAS BEING MADE AND THERE WERE NO CHECKS AND BALANCES AS FAR AS THAT WAS CONCERNED, BUT I MADE SURE THAT WITH THE HELP OF THE TEAM, THAT WE WERE ABLE TO PUT THOSE CHECKS AND BALANCES IN PLACE, UM, TO MAKE SURE THAT, UM, IT GOES THROUGH A VERY RIGOROUS, UM, VETTING PROCESS FOR EACH DEPARTMENT.
EACH DEPARTMENT BEFORE THE BUDGET HAS A TIME TO MEET WITH THE COMMITTEE AND TO MAKE SURE THAT, UM, HIS EQUIPMENT LEASE, HIS OR HER EQUIPMENT LEASE OR THE EQUIPMENT LEASE IS BEING THOROUGH, THOROUGHLY VETTED.
IT, IT'S BEEN MY EXPERIENCE IN, IN INDUSTRY, UH, THAT WHENEVER YOU PURCHASE CAPITAL EQUIPMENT AND, AND YOU HAVE, EXCUSE ME, AND YOU HAVE, UH, A USEFUL LICENSE THAT THAT SETS CALCULATED VIA FORMULA THAT, THAT YOU DO PREVENTIVE MAINTENANCE AND AIR REPORTS THAT ARE GIVEN ON AN ANNUAL BASIS SO THAT, UH, YOU CAN, YOU, YOU CAN ACTUALLY NOT, NOT ONLY WRITE THE DEPRECIATION OFF THESE E UH, EQUIPMENT, BUT YOU CAN REPLACE IT IN A TIMELY MANNER SO THAT YOU DON'T INCUR THESE ENORMOUS, UH, REPAIR AND EXPENSE COSTS.
SO I'M, I'M JUST, UH, I'M, I'M GLAD THAT WE'RE, WE'RE, WE'RE, WE'RE PUTTING A POLICY IN PLACE, BUT THAT POLICY, I WOULD THINK WOULD FOR A MUNICIPALITY AS AS OLD AS WE ARE, THAT IT SHOULD HAVE BEEN IN PLACE A LONG TIME AGO.
AND, AND, AND I WOULD LIKE TO SEE ONCE THE POLICY IS WRITTEN, UH, A COPY SO THAT, THAT WE AS COUNSEL, WHEN WE APPROVE THE, THE FINANCE POLICY MANUAL AND, UH, THAT, THAT WE HAVE, UH, INFORMATION IN FRONT OF US, THAT THAT ACTUALLY SHOWS US THAT, UH, THERE IS A POLICY THAT'S GOING TO, UH, DO EXACTLY WHAT, UH, STANDARD PRACTICES SAYS IT SHOULD DO.
AND LET ME JUST SHARE WITH THE COUNCILORS, WELL, THAT, UM, IN ADDITION TO THE POLICY, WHAT WE WILL BE DOING IS THE ENGAGEMENT OF TECHNOLOGY, UM, THE POSITION OF SOFTWARE SO THAT EACH DEPARTMENT KNOWS WHEN EACH EQUIPMENT COMES UP FOR SERVICING.
AND, UM, THEY ARE ABLE TO WORK COLLABORATIVELY WITH THE, THE, THE, UM, UM, THE DEPARTMENT OF THE RHO MILLS, OUR PUBLIC OF, OF THE GARAGE, TO MAKE SURE THAT THESE VEHICLES COME IN AND ARE SERVICED ON TIME.
AND TO MAKE SURE THAT WE UNDERSTAND WHEN THE VEHICLE OR THE EQUIPMENT COMES TO THE END OF ITS USEFUL LIFE, THAT IT IS TURNED IN AND IT'S BEEN REPLACED ON TIME.
SO WE HAVE ALSO ENGAGED TECHNOLOGY AS WELL TO MAKE SURE THAT THIS IS BEING DONE.
COUNCILMAN KENK? UH, THANK YOU.
UH, RON, JUST TO KIND OF JUST READ THE BACKGROUND OF THIS, THIS, UH, PR, UH, RESOLUTION, I, I NOTICED ON THE CONTRACT IT HAS AN EXTENDED WARRANTY WITH IT.
I'M GLAD THAT WE, WE ACTUALLY UTILIZING THAT THE TRUCK IS A 2023, UH, MD SEVEN.
I'M NOT REALLY FAMILIAR WHAT TYPE OF TRUCK THAT IS AND WHAT IT'S UTILIZED FOR.
SO IF SOMEONE CAN TELL ME THAT, BECAUSE I'VE BEEN TRACKING, YOU KNOW, THE GARBAGE COLLECTION AND WHAT WE'VE BEEN DOING WITH OUR TRUCKS AND HOW WE ARE MAINTAINING THOSE TRUCKS.
AS OF RECENTLY, WE, WE, YOU KNOW, WE PURCHASED A TRUCK THAT WAS 21 YEARS OLD, AND, YOU KNOW, I HAVE CONCERNS ABOUT WHY ARE WE DOING SOMETHING LIKE THAT AND SAYING IT'S BENEFITING THE CITY.
UH, IF WE GONNA PURCHASE SOMETHING THAT'S 21 YEARS OLD AND SAY IT'S GONNA BE THE BEST NEXT THING THAT HELP IN THIS COMMUNITY, I DO HAVE A CONCERN.
SO ANY TYPE OF VEHICLES THAT COMES BEFORE ME, I READ THE BACKGROUND AND WANT TO ENSURE THAT IT'S GONNA HELP THE CITI, THE CITIZENS OF PORT ARTHUR.
SO THIS PARTICULAR TRUCK, A MD SEVEN, WHAT IT WILL IT BE UTILIZED FOR? GOOD MORNING COUNSEL.
UM, THIS PARTICULAR TRUCK IS A CARRIER TRUCK, SO IT'S THE KIND OF TRUCK THAT'S USED TO BRING THOSE LARGE DUMPSTER CONTAINERS.
TO, UH, BUSINESSES AND FROM BUSINESSES BACK TO THE YARD.
SO THAT'S THE TRUCK BRAND NEW 2023 WITH EXTENDED WARRANTY.
ARE THERE ANY OTHER QUESTIONS OR DISCUSSION? WE HAVE A MOTION ON THE FLOOR IN A SECOND.
MAY I HAVE A ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
ANY OPPOSITION? MOTION CARRIES.
WE'LL MOVE ON TO, UH, NON-CONSENT ITEMS.
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UH, ITEM NUMBER[VIII.A.2. P.R. No. 22959 - A Resolution Rejecting The Bids Submitted For The El Vista Subdivision And Port Acres Subdivision Drainage Improvement Projects And Authorizing The Purchasing Division To Re-Advertise The Invitations To Bid]
TWO, A RESOLUTION REJECTING THE BID SUBMITTED FOR THE VETA SUBDIVISION AND THE PORT ACRE SUBDIVISION DRAINAGE IMPROVEMENT PROJECTS AND AUTHORIZING THE PURCHASING THE DIVISION TO RE ADVERTISE THE INVITATIONS TO BID.MAY I HAVE A MAY, MAY I HAVE A SECOND.
ANY DISCUSSION? WOULD YOU, SOMEONE, SOMEONE ELSE HAVE COMMENT? OKAY.
MADAM MAYOR PROTE, UH, JUST, UH, A QUESTION, UH, AND IT, IT, IT PERTAINS TO, UH, I GUESS THE PURCHASING PROCEDURE, UH, AND, AND HOW IT'S BEING APPLIED IN, IN, IN, IN THIS, IN THIS INSTANCE.
AND THEN THERE'S ANOTHER ITEM ON HERE WHERE IT, IT, IT'S, IT'S, IT'S NOT APPLIED IN THE SAME MANNER.
SO I JUST WOULD LIKE SOME CLARIFICATION FROM, FROM STAFF AS TO WHY, WHY, WHY WE'RE, WHY WE ARE DOING WHAT WE'RE DOING HERE.
WHAT ITEM ARE YOU REFERRING TO THAT IS NOT BEING APPLIED TO? I'M, I MAY BE CONFUSED ABOUT YOUR QUESTION.
I WANT TO GET SOME CLARIFICATION.
UH, IN THIS PARTICULAR CASE, AND I KNOW WE'RE TALKING ABOUT PR 22, 9 59, THIS IS WHERE WE'RE GONNA GO OUT AND REBID, RIGHT? YES.
AND THEN THERE'S ANOTHER ITEM ON HERE, UH, WHERE THERE IS A, THERE WAS A REQUEST FOR PROPOSAL THAT CAME IN AND THERE WAS, BUT, AND I DON'T KNOW IF I SHOULD BE TALKING ABOUT THAT IN THE SAME THING.
I THINK WE CAN, WE'LL TALK ABOUT THAT.
WELL, LET ME, LET ME KIND OF CLARIFY.
A REQUEST FOR PROPOSALS IS NOT SYNONYMOUS TO WHAT IS IN 22,000 959 22.
9 59 IS AN INVITATION TO BID, WHICH IS A COMPETITIVE SEALED BID, WHICH IS DIFFERENT FROM A REQUEST FOR PROPOSALS.
UM, SO THERE ARE TWO, THERE ARE TWO DIFFERENT TYPES OF PROCUREMENT METHODS.
SO THIS IS REFERRING TO AN INVITATION TO BID, AND IT IS ASKING THAT IT BE REJECTED AND REBID.
SO COUNCIL MEMBER MOSES, I WANT TO KNOW WHY.
UM, I THINK THE CITY MANAGER SENT YOU ALL A MEMO LAST WEEK EXPLAINING WHY, AND ALSO THE COVER MEMO EXPLAINS WHY AS WELL.
SO I BELIEVE THAT BACKGROUND MEMBER, WELL, LET'S, I'M ASKING NOW.
I WANT IT TO BE, I WANT, RIGHT.
I WANT YOU TO TELL ME THE PROCUREMENT PROCESS WAS LEGAL DEPARTMENT.
SO I WANT YOU TO TELL ME WHY THE MONEY IS NOT THERE.
THE CITY HAS NOT BEEN AWARDED THE MONEY.
SO THERE, THE MONEY TO DO SO TO AWARD THESE PROJECTS HAS NOT BEEN GIVEN, I THINK THE TOTAL IS ABOUT 40 MILLION.
AND WHEN IT WAS PRESENTED, THE FINANCE DEPARTMENT WAS UNABLE TO SIGN OFF CUZ THE AWARD IS NOT THERE.
SO A THE CITY DOESN'T HAVE THE FUNDING TO MOVE FORWARD AND AN ITEM CANNOT GO FORWARD WITHOUT FUNDING.
SO THE MONEY'S COMING FROM JLL, THE MONEY IS COMING FROM FEMA.
AND SO THEY HAVE NOT FUNDED THE PROJECT.
THE FINANCE DEPARTMENT CAN ELABORATE ON THAT, BUT THEY WERE UNABLE TO SIGN OFF ON IT BECAUSE THE FUNDS WEREN'T THERE.
AND THAT IS WHY THE CITY MANAGER WROTE THE LETTER.
AND ALSO THE COVER MEMO THAT WAS SCANNED WITH THE AGENDA ITEM STATES THAT THE FUNDING HAS NOT BEEN CONFIRMED YET.
SO THERE'S NOT THE MONEY THERE.
AND ALSO, SO THE PROCUREMENT PROCESS WAS NOT, UH, FOLLOWED IN CONFORMITY WITH THE FEDERAL GUIDELINES AND, UH, STAFF.
YEAH, IF YOU WANNA STATE THAT, BUT THE MANAGER CAN ALSO ELABORATE.
BUT THERE'S A ISSUE OF THERE'S NOT THE FUNDING.
THIS IS FEDERAL MONEY, IT'S NOT CITY MONEY.
AND NUMBER TWO, YOU HAVE TO COMPLY WITH TWO CFR 200.
AND, UH, THE PROCUREMENT REQUIREMENTS WERE NOT MET IN, UH, ADHERENCE TO THAT.
SO, UH, THAT IS WHY THE OFFER, THE ITEM IS TO REJECT IT AND TO REBID.
SO, AND TO FOLLOW THE PROCUREMENT REQUIREMENTS.
COULD WE JUST TABLE THIS AND COME BACK TO IT? AND AFTER WE'VE DONE A LITTLE BIT MORE RESEARCH TO GIVE US SOME MORE INFORMATION, UH, WE'VE DONE, UH, VERY DETAILED RESEARCH.
WE'VE HAD OTHER EXPERTS LOOK AT IT.
UM, WE HAVE SOME MEMOS THAT WE CAN SHARE WITH YOU, BUT WE ARE QUITE CLEAR THAT THE PROCUREMENT PROCESS SET FORTH BY THE FEDERAL GOVERNMENT WAS NOT STRICTLY ADHERED TO.
UH, COUNCILMAN KEN? I'M SORRY.
COUNCILMAN FRANK HAD HIS LIGHT ON IT.
UM, AND I GUESS THAT'S WHAT THE QUESTION THAT AROSE IN MY MIND IS WHY ARE WE EVEN, UM,
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WHY ARE WE EVEN, UM, ADDRESSING THIS AND SUGGESTING THAT WE WOULD EVEN GO FORTH AND REBID IF WE'VE NOT EVEN, UH, PROCURED THE FUNDS? I DON'T EVEN KNOW WHAT, WHY, WHY WOULD THE PROCESS EVEN GO FORWARD? IT SHOULD BE HALTED WHERE IT IS UNTIL THE FUNDS ARE PROCURED AND UNTIL WE ARE SURE THAT WE CAN EVEN DO THE PROJECT OR THAT WE'RE GOING TO GET THE MONIES FROM THE FEDERAL GOVERNMENT.SO I DON'T UNDERSTAND WHY MR. WHY THE PROCESS IS EVEN GOING FORWARD.
MOSES, DO YOU HAVE ANOTHER? YES, I'M SO SORRY THAT NO PROBLEM.
CAN I GET THAT QUESTION? YEAH, NO, YOU GO AHEAD AND THEN I WILL PICK YOU BACK.
SO THAT'S THE, THAT'S THE QUESTION I HAVE RIGHT NOW IS WHY ARE WE, WHY ARE WE HAVING A RESOLUTION TO REBID A PROJECT THAT WE DON'T HAVE THE MONEY PROCURED FOR? YES, YOU MIND.
ME AND COUNCIL, AND IN MY MEMO DATED DECEMBER 23RD, I LAID OUT, UM, IN SEQUENCE THE, THE PROJECT AND, UM, MY INTENTION TO CALL A MEETING ON THE 28TH OF DECEMBER HOPING THAT WE WOULD HAVE SECURED THE FUNDING BECAUSE WE WERE GIVEN THE ASSURANCE AND WE ARE STILL GIVEN THE ASSURANCE THAT THE MONEY IS AVAILABLE AND FORTHCOMING.
WHAT I WANTED TO BE SURE OF IS THAT I DO HAVE A HARD COPY OF THAT COMMUNICATION IN HAND TO PRESENT TO COUNCIL FROM THE FEDERAL AGENCY THAT STATES VERY CLEARLY, ALTHOUGH I WAS GIVEN THE ASSURANCE VERBALLY THAT THE MONIES IS AVAILABLE, WHAT I DID WITH THE MEETING OF THE 27TH OR 28TH THAT WAS CARDED WAS TO CALL UP THAT MEETING.
AND I WAS ASSURED THAT THE, THE, THE FUNDING WAS GOING TO BE AVAILABLE THEN.
WHAT I HAVE DONE AT THIS POINT, GIVEN THE FACT THAT THE FUNDING HAS, IS, IS THAT HAS BEEN ASSURED TO US, COMES FROM DIFFERENT PORTS OF MONEY, C D B G D R AND FEMA.
IT REQUIRES DIFFERENT FEDERAL RULES AS BEING GUIDED BY THE CITY ATTORNEY AND HER.
UM, AND, AND THE EXPERTISE THAT WE HAVE SECURED IN ORDER TO PROVIDE US WITH THE GUIDANCE THAT IS NEEDED.
THE, WHEN THE, THE, THE PROJECT WAS FIRST BIDED OUT, IT WAS NOT BIDED OUT.
THE PROCUREMENT DOCUMENTS WERE NOT PREPARED WITH THE REQUIREMENTS FOR C D B G D R FUNDING.
AND SO WE WILL ADVISE THAT IN ORDER THAT WE AVOID SOME SORT OF CLAWBACK OR CALLBACK FROM, FROM FEMA IN THE FUTURE WHEN WE ARE BEING AUDITED, IT'S BETTER TO BE SAVED THAN SORRY TO INCLUDE DUES AS PART OF THE PROCUREMENT PROCESS WHEN MOVING FORWARD.
AND SO AFTER SITTING SEEKING THE LEGAL AND EXPERT ADVICE FROM THE CITY ATTORNEY, I HAVE CONCURRED WITH THE CITY ATTORNEY THAT WE GO BACK AND INCLUDE DUES IN THE FEDERAL, IN THE PROCUREMENT PROCESS, WHICH WE HAVE BEEN ADVISED TO SOME GREAT EXTENT SHOULD NOT AFFECT THE PRICING OF THE PROJECT SIGNIFICANTLY.
UM, I'VE BEEN, I'M, I'M DEPENDING VERY STRONGLY ON THE LEGAL ADVICE OF, OF THE CITY ATTORNEY AND THE CITY ATTORNEY'S OFFICE IN ORDER TO ENSURE THAT WE MOVE OUR STEADFASTLY AND WE DO NOT MISS A HEARTBEAT AS FAR AS THE PROJECT IS CONCERNED.
AND SO ALL WE ARE WAITING FOR THIS MORNING, AGAIN, I GOT ON THE, THE, THE PHONE WITH
THERE IS A MEETING TO TAKE BASE THIS AFTERNOON BETWEEN ADURO AND THE GENERAL LAND OFFICE.
WE UNDERSTAND THAT IT'S IN THE SYSTEM, BUT I WANT TO MAKE SURE THAT AS THE CITY ATTORNEY INDICATED, THAT THAT MONEY HAS BEEN COMMUNICATED IN WRITING TO US.
AND WE DO HAVE A HARD DOCUMENT IN THE FORM OF LETTER TO PROVIDE THOSE.
DID YOU HAVE ANOTHER FORM? YEAH, JUST, UH, AND, AND I'M, I'M KIND OF SENSING WHAT MY COHORTS ARE ACTUALLY SAYING, CITY MANAGER, BUT YOU KNOW, AT THIS POINT, YOU KNOW, WE'RE, WE'RE TALKING ABOUT WAITING ON SOME, UH, DOCUMENTATION TO GET VALIDATION ON IF WE GET THE MONEY OR NOT.
BUT NOW WE AT A POINT THAT IF WE RESCIND THIS AND START THE PROCESS OVER, THOSE INDIVIDUALS THAT'S GONNA BE IN DISTRICT FOUR FOR THE DRAINAGE PROJECTS ARE GONNA BE ON HOLD.
SO THAT WHOLE PROCESS TOOK OVER IN A YEAR TO GET WHERE WE AT OVER IN A YEAR.
SO IF WE STOP AND RESTART AT THIS POINT, I MEAN, WE'RE, I THINK WE ARE DOING OUR, OUR CITIZEN, UH, UH, THIS JUSTICE, BUT, UH, UNDERSTANDING THAT THE BID PROCESS WAS CONTINUED TO GO ON WITHOUT HAVING THIS VALIDATION, AND WE
[00:35:01]
CAUGHT IT AT THE END, I'M OKAY WITH THAT, BUT WE, WE GOT SOMETHING THAT'S BROKEN.AND THAT, I DON'T THINK IT'S FAIR, FAIR TO THE PUBLIC.
I DON'T THINK IT'S FAIR TO ANYBODY THAT'S ACTUALLY INVOLVED IN THIS SITUATION RIGHT NOW.
YEAH, AND I THINK, UM, I AGREE BECAUSE BASICALLY WHEN YOU TRY TO, WHEN WE GO BACK, WE, IT IS GONNA COST US MORE MONEY, A HECK OF A LOT MORE MONEY TO REBID THIS PROJECT.
AND WE'RE THIS CLOSE, THIS CLOSE, THERE'S GOTTA BE, IS THERE NO WAY LEGALLY THAT WE CAN FIX THIS WITHOUT HAVING TO GO BACK THROUGH THIS WHOLE ENTIRE PROCESS AGAIN, CITIZENS NEED THE SERVICE, AND THAT'S CONTINGENT UPON THIS COUNCIL MAKING A DECISION BASED UPON YOUR RECOMMENDATION AND TO PULL THE BID, REJECT ALL BIDS, AND GO BACK OUT AGAIN.
SEEMS, IT JUST, JUST SEEMS, IT JUST DOESN'T SEEM LIKE IT JUST SEEMS TOO LONG.
WELL, I MEAN, IT TOOK US A LONG TIME TO GET HERE, AND NOW WE, IT'S ALMOST LIKE STARTING OVER.
CAN WE LOOK, THAT'S WHY I ASK, CAN WE TABLE LOOK INTO OTHER WAYS AND MEMES IN WHICH WE CAN CORRECT THIS? THE ONLY WAY THAT YOU CAN MOVE FORWARD IS IF YOU MOVE FORWARD WITH CITY MONEY, THE FEDERAL GUIDELINES AS FAR AS PROCUREMENT WARRANT FOLLOWED.
SO IF THE CITY WOULD LIKE TO MOVE FORWARD WITH THE BID THAT YOU HAVE NOW, IT DIDN'T FOLLOW, WHAT WOULD THE REQUIREMENTS THAT THE FEDERAL GOVERNMENT SET FORTH IN THE ACTUAL PROCUREMENT DOCUMENT? SO, UH, YOU KNOW, YOU MAY BE AT RISK OF HAVING THE MONEY, UH, REQUESTED BACK FROM THE FEDERAL GOVERNMENT.
THE FEDERAL GOVERNMENT IS VERY CLEAR IN TWO CFR 200 OF WHAT THE PROCUREMENT REQUIREMENTS ARE.
SO BEFORE YOU EVEN GET TO A CONTRACT, IT HAS TO BE PROCURED IN THE MANNER SET FORTH AND THE ANALYSIS THAT WE PROVIDED, AS WELL AS WE HAD OTHER ATTORNEYS WHO SPECIALIZE IN THIS, TAKE IT VERY HARD IN DETAILED LOOK AT THIS, THOSE FEDERAL REQUIREMENTS WERE NOT STRICTLY ADHERED TO.
SO IF WE DO NOT PROCURE IT ACCORDING TO THEIR RULES, THEN WE WOULD HAVE TO MOVE FORWARD WITH CITY MONEY.
UH, COUNCILMAN JONES, LET ME ASK THE QUESTION.
UH, CITY ATTORNEY, UH, CITY MANAGER, CAN WE, UH, DID THIS BID STAND, THE LORD BID OR WHOEVER IT MAY BE, THEY THIS BID STANDING PENDING, UH, APPROVAL FROM THE FEMALE OR FEDERAL GOVERNMENT, IF IT TAKES 60 DAYS TO GET APPROVAL, APPROVAL FROM THE FEDERAL GOVERNMENT CAN IN THIS BID STAND CERTIFICATE APPROVAL, IS THAT POSSIBLE? CITY MANAGER, THE BID WE HAVE NOW, JUST LET US STAND AS IT AS IT IS PENDING AND APPROVAL IN, IN YOUR HAND, YOU KNOW, HARD COPY.
THAT'S SOMETHING WE CAN LOOK AT.
COUNCIL, I THINK THAT'S A, THAT'S, UM, A LEGAL INTERPRETATION.
UM, IT IS A LEGAL INTERPRETATION.
AS THE CITY ATTORNEY STATED, IT WAS NOT PROCURED PROPERLY.
WHEN WE GOT THE, UM, WHEN WE GOT WOOD FROM, FROM THE GENERAL LAND OFFICE THAT 12 14 MILLION WAS AVAILABLE, THAT WAS NOT PART OF THE PROCUREMENT PACKAGE THAT WAS SENT OUT.
I'M 99.999% SURE THAT THE MONEY IS AVAILABLE.
A AS I INDICATED, I JUST SPOKE WITH ADURO THIS MORNING AND THEY TOLD ME WE ARE JUST WAITING FOR THAT LETTER.
UM, THE CITY ATTORNEY AND HER LEGAL TEAM IS VERY ADAMANT ABOUT THE FACT THAT IT MUST BE INCLUDED AS PART OF THE PROCUREMENT PROCESS FOR THE SIMPLE REASON THAT IF WE WIN AND IF WE ARE BEING AUDITED 2, 3, 4 YEARS FROM NOW, WE WILL BE ASKED TO REPAY 40 MILLION FROM THE GENERAL FUND.
WE WILL BE ASKED TO REPAY 40 MILLION.
SO IT'S, IT'S A COUNCIL'S DECISION IF COUNCIL WANTS TO MOVE FORWARD, AND I'M MAKING IT VERY CLEAR.
IF COUNCIL WANTS TO MOVE FORWARD, I AM AT THE SERVICE OF THE COUNCIL.
BUT FREE FORWARD AND, AND THREE OR FOUR YEARS FROM NOW, IF COUNCIL IS BEING ASKED AND, AND, AND I'M CITY ATTORNEY, I'M TAKING IT FROM THE ADVICE THAT YOUR LEGAL EXPERTS GIVE TO ME AND TO US PRESENTLY, IF FREE FOUR YEARS FROM NOW, THE COUNCIL IS BEING ASKED TO MAKE A REPAYMENT OF 40 MILLION, I WANT TO MAKE IT VERY CLEAR THAT I ADVISED THE COUNCIL TO TABLE THIS COUNCILMAN FRANK.
UM, I WAS GOING TO SAY EXACTLY WHAT THE CITY MANAGER WAS SAYING, THAT REALLY THIS IS A SLAM DUNK THAT WHEN YOU COME TO A POINT OF UNDERSTANDING THAT, THAT SOMETHING HAS NOT BEEN DONE RIGHT.
AND I AM GRATEFUL, UH, FOR THE LEGAL
[00:40:01]
COUNCIL.I'M GRATEFUL FOR THE CITY MANAGER, UH, TAKING THIS STANCE AT THIS PARTICULAR JUNCTURE BECAUSE I BELIEVE THAT TOO MANY SITUATIONS HAVE COME BACK ON US, UH, AND BID US, UH, IN AN AREA THAT WE DON'T LIKE.
UH, AND SO I I, I SEE NO OTHER, UH, RECOURSE AT THIS PARTICULAR JUNCTURE, UH, THAN TO, UM, TO, THAN TO, UH, ACCEPT THIS RESOLUTION, UH, TABLE IT AND WAIT FOR, UM, THE LETTER AND TO DO IT RIGHT OF THE PROCURING OF THE BID.
NOW, I DO AS WELL, UH, I, I DON'T PARTICULARLY CONCUR, UH, THAT, UM, THAT IT'S NOT GOING TO BE ANY, UM, MORE EXPENSIVE, UH, TO DO IT, UH, BECAUSE WE ALL KNOW, UH, WHAT'S HAPPENING WITH PRICES AND INFLATION AND BUILDING AND THE LIKE, BUT YOU NEVER GET, UM, IT'S NEVER A WRONG TIME TO DO, RIGHT.
IT'S NEVER A WRONG TIME TO DO.
AND SO I THINK IT'S INCUMBENT UPON US THAT WE DO RIGHT IN THIS PARTICULAR AREA.
UH, CITY ATTORNEY, DID YOU HAVE ONE OTHER? UM, UNLESS YOU ALL HAD ANY OTHER QUESTIONS, BUT OTHERWISE, OKAY, SIR, THE FLOOR RECOGNIZES MR. HARRISON.
UH, I APPRECIATE AND HONOR THE COUNCIL LISTENING TO ME TODAY, AND I APPRECIATE ALL THE DISCUSSION THAT'S GOING ON, AND I CAN BRING SOME LIGHT TO SOME OF THESE ISSUES AND SOME ISSUES I CANNOT, BUT I WOULD LIKE TO JUST VOICE MY OPINION AND, AND AS, AND TRY TO WORK WITH THE CITY SO THAT I UNDERSTAND THE SITUATION THAT WE'RE FACING HERE.
THIS IS AN IMPORTANT PROJECT FOR THE CITY AND IMPORTANT PROJECT FROM OUR FIRM.
BASICALLY, UH, IN THE DOCUMENTATION I'VE READ, AND I'VE NOT HAD CONVERSATION WITH THE CITY'S LEGAL TEAM, AND THEY WOULD ADVISE ME ONE WAY OR THE OTHER, I'M SURE IF THEY COULD, I'M NOT THEIR CLIENT, BUT, UH, BASICALLY IN THE ADVERTISEMENT AREA, YOU KNOW, THIS PROJECT WAS ADVERTISED IN THE LOCAL PAPER.
UH, MR. WILLIAMS, YOUR PURCHASING MANAGER, ALSO SENT OUT ADVERTISEMENTS TO 30, 40 DIFFERENT CONTRACTORS, WHICH I'VE SEEN, AND ALSO MULTIPLE STATE AGENCIES WHERE THEY ADVERTISE THESE PROJECTS EVERY DAY.
ADVERTISEMENT WAS MENTIONED IN SOME OF THE CORRESPONDENCE AS ONE OF THE ISSUES.
MY FIRM ALSO ADVERTISES IN THE DBE STATE OF TEXAS DBE ENTERPRISE FIRM, WHERE WE SOLICIT DBE FIRMS FOR PARTICIPATION IN THESE BIDDING PROCESS WITH US.
THERE'S SEVERAL HUNDRED OF DBE FIRMS THAT WE CONTACT IN THE BIDDING PROCESS.
THERE'S A LOT OF ACTIVITY THAT GOES ALONG IN THE BIDDING PROCESS.
I KNOW I'M LIMITED TO FIVE MINUTES, I'LL GET TO THE POINT IN A MINUTE.
SO I THINK FROM THE ADVERTISEMENT STANDPOINT, THAT IT HAS REACHED THE PROPER PEOPLE THAT NEEDS TO REACH IT REACHED MY FIRM, AND I'M A LOCAL CONTRACTOR.
UH, MY FIRM IS A MINORITY WOMAN OWNED BUSINESS.
SO BASICALLY WE HAVE, WE'RE PART OF THE, UH, SECTION 200 THAT THEY'RE REFERRING TO, THAT YOU MAKE THIS AVAILABLE TO THE MINORITY ENTERPRISE PEOPLE, BE IT WOMAN OWNED, BE IT MINORITY, BE A SMALL BUSINESS.
SO THAT'S PART OF THE CFR 200 THAT THEY'RE REFERRING TO.
NOW, WE'VE, IN MY REVIEW OF THE SPECIFICATIONS, UH, I FIND THAT THE SPECIFICATIONS ARE PRETTY CLEAR THAT THE, ITS ADDRESSED MOST, IF NOT ALL, THE ACTIVITIES OF THE CFR 200 CFR TWO, UH, PART 200.321 ADDRESSES THE NECESSITY OF AN AFFIRMATIVE STEPS TO ASSURE THAT MINORITY BUSINESSES, ALUMINUM BUSINESSES, WERE CONTACTED FOR THE, UH, BIDDING OF THIS PROCESS.
THAT WAS DONE, THAT'S BEEN DONE BY THE EVIDENCE OF OUR FIRM BIDDING IT AS BEING A MINORITY WOMAN OWNED BUSINESS.
ALSO, IT ADDRESSED OTHER MINORITY BUSINESSES IN THIS AREA, WHICH WE RECEIVED PRICING FROM.
AND I RECEIVED PRICING FROM LOCAL MINORITY BUSINESSES ALSO ON THIS PROJECT.
SO THAT PART OF THE CFR 200 HAS BEEN MET IN THE ASPECT OF THE CFR 200.
IN THE APPENDIX, APPENDIX NUMBER TWO, WHICH ADDRESSES CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS.
THIS APPENDIC TWO COVERS ITEMS LIKE EQUAL OPPORTUNITY BACON DAVIS CLEAN AIR DISBARMENT, UH, BIRD
[00:45:01]
ANTI LOBBYING AND ANTI LOBBYING LOBBYING AMENDMENT.NOW, THESE ARE ALL COVERED IN THE CURRENT SPECIFICATIONS THAT WE BID FROM, THAT WERE PUBLISHED IN THE VERY BEGINNING ON THESE PROJECTS.
ALSO, UNDER THIS WHOLE, THESE, THESE SECTIONS, WE ALSO ADDRESS HUD SECTION THREE, WHERE BASICALLY IT FOSTERS LOCAL ECONOMIC DEVELOPMENT, NEIGHBORHOOD ECONOMIC IMPROVEMENT, AND SELF-SUFFICIENCY OF THE COMMUNITY, THE PROVISIONS OF TRAINING AND EMPLOYMENT AND BUSINESS OPPORTUNITIES.
THESE ARE ALL THINGS THAT WE MEET ONCE WE MOVE FORWARD WITH THE PROJECT.
THESE ARE THINGS THAT WE, WE ADHERE TO.
WE, UH, ABIDE BY AS A CONTRACTOR.
WE'VE WORKED UNDER SECTION THREE HUD ON MANY, SEVERAL PROJECTS.
OUR FIRM HAS PERFORMED OVER 900 PROJECTS IN OUR 38 YEARS OF HISTORY.
AND WE'VE WORKED ON MANY, MANY FEDERAL PROJECTS ALL THE WAY THROUGH THE ASPECT OF OUR, AND IN THE CORRESPONDENCE ALSO, THERE WAS A MENTION OF THE BID HAD EXPIRED.
WELL, IT WAS A 60 DAY BID TERM FOR THE BID.
WE GAVE AN EXTENSION TO THAT TO THE END OF DECEMBER.
WE CAN GIVE ANOTHER EXTENSION.
BASICALLY, OUR BID WE CAN EXTEND BECAUSE WE HAVE SECURED PRICING FROM OUR VENDORS.
YOU KNOW, AS OF JANUARY ONE, THESE PRICINGS ARE NO LONGER GOING TO EXIST.
WE'VE COMPELLED OUR VENDORS TO HOLD THEIR PRICING BASED UPON THEIR OCTOBER QUOTATIONS.
BUT ALL THESE NUMBERS ARE GOING TO GO UP.
IF THE CITY RE REVISITS THIS PROJECT, IT'LL COST THE CITY MILLIONS OF DOLLARS IN ADDITIONAL COSTS, I BELIEVE.
MR. HARRISON, YOU HAVE ABOUT A MINUTE LEFT.
WE'LL POSTPONE THE TIMEFRAME FOR THE, UH, FOR OUR BID, WILL EXTEND IT TO THE CITY MANAGER, RECEIVES HIS LETTERS AFFIRMING FROM FEMA, G L O, THE DIFFERENT AGENCIES THAT WE WILL DO WE'LL, WE'LL ABIDE BY THAT PROJECT OVER BUDGET.
THIS IS A PROJECT THAT WAS BASED IN 2018, THAT WAS BUDGET WAS BASED IN, IT IS NOW 2023.
WE ALL KNOW THE COSTS HAVE GONE EXTREMELY HIGH.
LIKE I SAID, WE HAVE SECURED OUR PRICING.
THE FINAL, ONE OF THE FINAL TOPICS IS THE ASPECT OF DISCLOSURE OF OUR PRICING IN THE CITY'S PUBLICATIONS.
THEY'VE JUST PUBLISHED NOW FOR PUBLIC VIEW, OUR COMPLETE PRICING, WHICH I THINK IS, IS A UNFAIR TRADE GIVE ISSUE.
UH, MISS MAYOR, MAYOR PER TIM, I KNOW IT'S TIME.
IS ONE MORE TIME? YEAH, WE'RE GOING TO GIVE YOU MORE TIME.
GO AHEAD, EXTEND YOUR TIME IF THAT'S OKAY.
MAYOR PRO TIM? YES, I'D LIKE TO GIVE HIM, DO YOU THINK HE COULD WRAP UP IN ABOUT THREE MINUTES? YES, SIR.
UH, MAYOR PRO TIM, I, UH, PUT ON FOUR THAT WE GIVE MR. HARRISON AN ADDITIONAL THREE MINUTES, PLEASE.
CERTAINLY, UH, FROM THE DISCLOSURE OF OUR PRICING, UH, NOW WE ARE PUBLIC WITH ALL THESE NUMBERS.
YOU KNOW, IT'S FOR ANYBODY TO TAKE A SECOND BITE AT THE APPLE.
I BELIEVE THAT THE ADVERTISEMENT ASPECT HAS BEEN MET UNDER THE BID CERTIFICATIONS.
THOU, HUNDREDS OF PEOPLE HAVE SEEN THESE DOCUMENTS.
YOU KNOW, WE'VE GOT, YOU WENT OUT FROM COMPETITIVE BID.
YOU RECEIVED THOSE DOCUMENTATIONS, THE ASPECTS OF COMPLIANCE WITH TWO CFR PART 200 AND THE APPENDIX TWO AND HUT THREE.
IN MY VIEW, I, IN MY READING, AND I'M NOT AN ATTORNEY, I FIND THAT THE SPECIFICATIONS ARE IN COMPLIANCE UNTIL SOMEBODY NOTIFIES ME DIFFERENTLY IS SO THE ASPECT OF BID EXPIRATION, AS I SAID, WE WILL EXTEND OUR BID AND HOLD OUR PRICING ON THIS.
IF WE CAN SIT AND TALK WITH SOME TYPE OF, OF, OF, UH, RESOLUTION, THE FUNDING GAP, AS I MENTIONED, WE WILL, EVEN IF YOU GO FORWARD IN ELIMINATE THIS AMENDMENT OR THIS AGENDA ITEM, MOVE FORWARD WITH ALL CO IN AWARDING A CONTRACT, WE WILL ISSUE A, WE'LL ACCEPT A CONTINGENCY THAT YOU RECEIVE YOUR FUNDING LETTERS FROM THE FEDERAL AGENCIES, AND THAT WAY I CAN LOCK IN ALL THE CONTINGENT, UH, PRICING THAT IS OUT THERE.
WE HAVE THEM HELD AT BAY AT THE PRESENT, BUT IF IT BIDS, WE WILL NOT BE ALLOWED TO DO THAT.
UH, AT THE CONCLUSION, BASICALLY, I WOULD LIKE THE COUNCIL TO VOTE NO ON THIS AGENDA ITEM, BUT AT BEST, I WOULD REQUEST A COUNCIL TABLE THIS AGENDA ITEM UNTIL THEY CAN TALK WITH ME, TALK WITH OUR FIRM, SHOW US HOW THE ISSUES ARE INAPPROPRIATE, OR WHERE WE'VE MISSED OUR REVIEW OF THE DOCUMENTATION OF THIS BID.
[00:50:01]
CERTAINLY APPRECIATE THE COUNCIL'S TIME, AND I'LL TAKE QUESTIONS.SO I WANNA KIND OF CLEAR SOMETHING UP.
UM, AND I THANK YOU FOR COMING.
YEAH, THERE IS NO ERROR ON THE PART OF THE VENDOR.
THE PROBLEM IS ON THE PART OF THE CITY, THE INVITATION TO BID, THE DOCUMENT THAT HE RESPONDED TO IS THE DOCUMENT THAT HAS THE PROBLEM.
SO, HEY, I APPRECIATE WHAT, WHAT HE'S SAYING.
THERE'S NOTHING THAT THE VENDOR DID WRONG.
THIS IS NOT THE VENDOR'S ISSUE.
IT'S OUR ISSUE TO MAKE THE COUNCIL JUST BE A LITTLE BIT CLEAR.
AND I, I KNOW THAT WE'VE WORKED WITH YOU BEFORE AND OTHERS IN THIS CAPACITY.
YES, IT'S IMPORTANT TO UNDERSTAND THE DIFFERENCE IN WHAT IS REQUIRED UNDER STATE LAW AND WHAT IS REQUIRED UNDER FEDERAL LAW.
TWO TOTALLY DIFFERENT ANIMALS.
AND AS THE YEARS GO BY AND, AND WE DEAL WITH FEMA, WE'VE DELVED AND DELVED IN FEMA.
I THINK I'VE WRITTEN ABOUT FIVE MEMOS THIS IN 2022, ABOUT FOLLOWING THE FEMA PROCUREMENT GUIDELINES.
I EVEN FACILITATED A SEMINAR SO STAFF COULD, COULD, COULD SEE THESE FEMA RULES.
THESE FEDERAL GUIDELINES ARE VERY TECHNICAL AND VERY SPECIFIC, AND THE, THE NAKED EYE, YOU KNOW, SOMEONE WE'RE LOOKING AT, IT WOULD BE VERY HARD TO UNDERSTAND.
I THINK IN THE COURSE THAT WE HAD, WE TALKED ABOUT THERE ABOUT 93 ADDITIONAL REQUIREMENTS THAT HAVE BEEN PLACED WITH FEMA IN RECENT YEARS.
SO IT'S IMPORTANT THAT ON OUR END, WE BE VERY WELL VERSED WHEN WE COME TO THE FEDERAL PROJECTS.
WHAT WE'VE DONE IS THE INVITATION TO BID WAS NOT REVIEWED TO WITH US PRIOR TO IT GOING OUT.
WE RECEIVED THIS DOCUMENT IN DECEMBER WHEN IT WAS TIME TO AWARD IT, AND THAT'S WHEN WE WENT THROUGH EVERYTHING AND, UH, YOU KNOW, LOOKED AT WHAT OUR, SHOWED, WHAT OUR CONCERNS WERE TO THE CITY MANAGER.
WE THEN HAD A FIRM THAT IS AN EXPERT IN THIS AREA LOOK AT IT, AND THEY CONCURRED THAT THERE WAS SOME PROBLEMS NOT ON THE PART OF THE VENDOR, BUT ON OUR PART AND DOTTED THOSE I'S AND CROSSING THOSE TS THAT THE FEDERAL GOVERNMENT WANTS US TO ADHERE TO.
WHAT I THINK WOULD BE HELPFUL DURING THIS PROCESS, SO IT'S NOT JUST, WELL, THE LEGAL DEPARTMENT SAID IT, IS THAT WE CAN ALSO GO THROUGH THE DOCUMENT WITH STAFF, WITH COUNSEL AND EXPLAIN TO YOU WHAT THOSE DEFICIENCIES WERE.
WE CAN HAVE SOME TYPE OF SPECIAL MEETING, SOME, IT DOESN'T EVEN HAVE TO BE AN EXECUTIVE SESSION BECAUSE IT'S NOT THINGS THAT ARE JUST APPARENT.
IT'S NOT SOMETHING THAT WOULD COME UP UNDER OUR STATE STATUTE.
AND AGAIN, YOU KNOW, I DON'T, UH, PUT ANY CAST ANYTHING NEGATIVE ON THE STAFF BECAUSE THESE FEMA REQUIREMENTS ARE VERY TECHNICAL AND IF YOU JUST READ IT, IT'LL MAKE YOUR EYES GLAZE OVER.
BUT THERE, THERE'S SOME VERY SPECIFIC THINGS THAT WE FOUND THAT, THAT WE BELIEVE NEED TO BE CORRECTED.
THE RISK THAT WE HAVE IS THAT IN IT'S, AND IT, THAT'S ONE OF THE THINGS, MY MEMO IS THAT IF THE PROCUREMENT PROCESS IS NOT FOLLOWED IN THE MANNER IN WHICH THE FEDERAL GOVERNMENT REQUIRES THAN THEY COULD ASK FOR THE FUNDS BACK.
BUT I THINK, AND THEN LIKE I SAID, WE FOUND SOME THINGS THAT WE WERE VERY CLEAR THAT NEEDED TO BE CORRECTED AND WE JUST DIDN'T RELY ON IT JUST IN OUR OFFICE.
WE HAD OTHER ATTORNEYS LOOK AT IT, IT WHO ARE, ARE EXPERTS IN THIS AREA.
BUT I THINK THAT IT, IF YOU NEED ME TO, I'D BE HAPPY TO SIT DOWN AND GO THROUGH THE PACKET AND EXPLAIN WHAT THOSE THINGS ARE.
SO IT'S JUST NOT SOMEBODY SAYING IT WAS NOT DONE RIGHT.
YOU KNOW, THE, IT WAS JUST, THERE'S A LOT OF SPECIFICS.
UM, TWO CFR 200 IS, IS A THICK BOOKLET AND, UM, THE, THE RULES ARE EVER CHANGING.
SOMETHING CHANGED AS RECENT AS, AS AFTER THE SUMMER.
SO, BUT AGAIN, IT'S NOTHING THAT THE VENDOR DID WRONG, IT'S JUST THAT WE HAVE TO TIGHTEN UP ON OUR SIDE TO MEET ALL THESE GUIDELINES.
AND I'D BE HAPPY TO, AT WHATEVER POINT SIT WITH YOU AND GO THROUGH IT AND, UH, HAVE OUR TEAM EXPLAIN TO YOU WHAT THE CONCERNS WERE SO THAT YOU CAN KNOW WHAT THE RISKS ARE.
COUNCIL MEMBER JONES? UH, I'M SORRY.
IT SEEMS AS THOUGH WE ARE REALLY, REALLY, REALLY CONFUSED WHAT I'M HEARING, AND I WANT TO ERROR ON THE SIDE OF, UH, CAUTIOUS, UH, I, VAL SAID, NO, IT'S NO PROBLEM WITH THE VENDOR AND RON SAYING IT'S A FEDERAL THING.
WE CAN'T COME BACK TO BITE US THREE OR FOUR YEARS FROM NOW.
SO IT REMIND ME OF EVERYBODY GOING TO GOLDEN KOREA TO EAT WHEN WE GET THERE TO HAVE NO SILVERWARE.
YOU KNOW, WE CAN EAT OUR HANDS.
THAT'S WHAT REMIND ME OF BACK TO THE OLD DAYS WITH THIS COUNCIL, HAS BEEN, THIS COUNCIL HAS BEEN VERY EFFECTIVE.
THIS COUNCIL WILL HAVE NOW I WANT KEEP, KEEP IT IN PLACE.
AND, UH, RIGHT NOW WE, WE, UH, ARE HEADED AGAINST OUR BACK, AGAINST THE WALL.
SO I RECOMMEND, UH, CITY, CITY MANAGER COUNCIL
[00:55:01]
WITH TABLE, ADAM, LIVE DOWN CITY MANAGER ANDFEDERAL GUIDELINES DOES NOT ALLOW US TO, TO LEAD CITY.
NOT THE VENDOR, THE VENDOR, YOU AND CITY MANAGER.
NO, WE CANNOT TALK TO A VENDOR ABOUT AN YEAH.
NO VENDOR SAID YOU GET THE CITY MANAGER AND STAB AND WAS THESE KINGS OUT? NOT THE VENDOR.
OKAY, SO YOU'RE TALKING ABOUT CREATING A NEW INVITATION TO BID? NO, WHATEVER TAKES YOU THE LEGAL.
WE, THE INVITATION GETS ALREADY GONE OUT, BUT WHAT WE CAN DO, IT'S ALREADY GONE OUT.
THE DOCUMENT THAT WENT OUT IS THE DOCUMENT THAT IS OF CONCERN, THE ADVERTISEMENT.
NOW I CAN SHOW YOU, I CAN SIT DOWN WITH, WITH STAFF AND THE MANAGER AND GO OVER WHAT THOSE CONCERNS ARE AND THEN YOU CAN WEIGH WHAT YOU WANT TO DO BECAUSE AT THE END OF THE DAY, IT IS UP TO COUNCIL.
BUT THE INVITATION, THE PROCUREMENT DOCUMENT IS WHAT WE ARE SAYING IS NOT FULLY IN COMPLIANCE DONE.
SO THE PROCUREMENT IS THE ISSUE.
IS THERE A TIME LIMITATION ON THIS THING? WE HAVE TO HAVE IT, IT'S ALREADY BEEN DONE.
SO, AND THEN THE PROCESS IN, IN WHICH IT WAS PROCURED IS WHERE WE HAVE SOME CONCERNS.
YEAH, THE MONEY'S A SEPARATE ISSUE.
OF COURSE, THE MONEY'S ONE ISSUE AND THE PROCUREMENT IS ANOTHER.
SO, BUT, BUT THE VOTES COME TOGETHER THOUGH.
THE RULES, I'M SORRY, GO AHEAD.
CITY MANAGER, CITY MANAGER, HELP THEM GET MORE CONFUSED.
UM, SAY THAT AGAIN,
I, I'M TRYING TO, MY ATTEMPT IS, IS TRYING TO SIMPLIFY THIS AND, AND THE CITY, AND I'M, I'M NOT AN ATTORNEY, OKAY.
WE'RE USING WORDS AS, UM, PROBLEMATIC.
THERE IS A FATAL FLAW IN THE PROCUREMENT OF THE PROJECT THAT HAS THE POTENTIAL TO BECOME PROBLEMATIC THREE TO FOUR YEARS DOWN THE LINE.
NOW I WANT TO SHARE WITH THE COUNCIL, WITH THE POTENTIAL OF THAT FATAL FLOW IF YOU ARE BEING AUDITED.
AND THAT NOT TO MAKE THE, THE SITUATION SCARY THREE OR FOUR YEARS DOWN THE LINE.
AND THE, THE, THE OFFICE OF THE INSPECTOR GENERAL FINDS OUT THAT WHEN IT WAS PROCURED, IT WAS NOT PROCURED WITH THE REQUIREMENT FOR CDBG D R FUNDING.
THEY ARE LIKE, AND, AND, AND FEMA FUNDING ALIKE.
AND THAT'S WHAT I HEARD FROM THE, FROM, FROM THE LEGAL EXPERTS, CITY ATTORNEY, THAT WE ARE VERY MUCH LIKELY TO REPAY THE MONEY.
THAT'S, THAT'S MY UNDERSTANDING OF IT.
SIMPLISTICALLY, YOU KNOW, COUNSEL HAVING SAID, OH, I'M SORRY.
NO, HAVING SAID THAT, YOU KNOW, UM, I'M, I'M DEPENDING VERY STRONGLY ON THE GUIDANCE, THE LEGAL GUIDANCE OF THE CT ATTORNEY'S OFFICE FOR ME TO MAKE A DECISION.
YEAH, YOU SHOULD, YOU KNOW, AS I SHOULD, YOU KNOW, AND, AND SO MY RECOMMENDATION WAS THAT I WORK WITH THE CITY ATTORNEY OFFICE TO ACCOMPLISH THAT.
YOU KNOW, IS THERE A FETAL FLOOR? YES, THERE IS A FETAL FLOOR AS THE CITY ATTORNEY SAID, IT HAS NOTHING TO DO WITH THE VENDOR.
THE FATAL FLOOR IS, I HAVE NOT RECEIVED THE LETTER IN WRITING WHEN THE, THE PROJECT WAS BIDED OUT.
THAT'S PART OF THE FATAL FLOW.
WHEN THE PROJECT WAS BIDED OUT FUNDING 17 MILLION WAS NOT AVAILABLE FROM C D B G D R FUNDING US YET.
AND SO THAT WAS NOT PART OF THE PROCUREMENT REQUIREMENTS AS PUBLISHED, IS THAT CORRECT? SIMPLY SAY, SIMPLY SAYING IT SIMP YES.
APART FROM THAT, THERE ARE OTHER PROBLEMS, BUT, AND THAT'S WHAT I HEARD FROM, FROM OUR LEGAL EXPERTS.
IF YOU DID NOT INCLUDE THAT AS PART OF YOUR PROCUREMENT DOCUMENT, THEN YOU ARE LIKELY, IT'S LIKELY TO RAISE A RED FLAG WHEN THE S OF THE INSPECTOR GENERAL COMES OR FEMA COMES AND LOOKS AT IT AND SAID, YOU KNOW, WE WANT TO CLAW BACK ALL THE MONEY.
WE, WE APPRECIATE YOUR COMMENT.
I APPRECIATE THE COUNCIL AND I'M VERY, UH, WORKABLE WITH THE COUNCIL IF, UH, ANYTHING YOU NEED FROM OUR FIRM, I, UH, DON'T GET ME WRONG, I DO NOT WANT THE CITY TO EVER BE IN A POSITION WHERE THEY MAY HAVE TO CLAW BACK ON THESE FUNDS.
YOU KNOW, AT THAT POINT IN TIME THOUGH, IN MY INTERPRETATION OF,
[01:00:01]
IN YOUR LEGAL COUNSEL'S EXACTLY RIGHT, THAT CRF 200 IS ABOUT 400 PAGES LONG AND I'VE ATTEMPTED TO READ SOME OF IT, BUT, UM, IT'S VERY CONFUSING.BUT WHAT I HAVE UNDERSTOOD AND READ, IT SEEMS LIKE THE DOCUMENTS WE'VE BID FROM WERE IN COMPLIANCE AND THE ASPECT OF THE ISSUE OF ADVERTISEMENT, IT REACHED HUNDREDS AND HUNDREDS OF HUNDREDS OF BUSINESSES.
AND, UH, BUT ANYWAY, I DO APPRECIATE YOUR TIME AND THANK YOU.
AND I THANK THE COUNCIL VERY MUCH AND THANK YOU.
APPRECIATE SO MUCH FOR YOUR PRESENTATION.
UM, TO MY COLLEAGUES AND, UH, CITY MANAGER, I WOULD REALLY AT THIS POINT, UM, ASK THAT WE WOULD TABLE THIS UNTIL WE'VE BEEN EDUCATED ON THE DIFFERENT, UH, ISSUES THAT, UH, PLAYED THE, THE CITY MANAGER AND THE, I MEAN, THE, UH, LEGAL DEPARTMENT TO MAKE THIS DECISION.
GIVE US TIME TO LOOK AT IT AND REVIEW IT IN OUR SESSIONS OR, UH, HAVE A WORKSHOP ON IT SO THAT WE'LL BE APPRISED OF WHAT HAS CAUSED US TO GET TO THIS POINT.
AND WE DON'T HAVE TO BE IN A RUSH TO REJECT THE BIDS.
I THINK THAT WE CAN COME BACK AND AFTER WE'VE BEEN APPRISED OF IT, MAYBE AT THAT TIME MAKE A DECISION.
SO I WOULD WISH THAT WE WOULD TABLE THIS ITEM AND THEN, UH, AFTER WE'VE BEEN MORE EDUCATED ON THOSE DIFFERENT, UH, SCENARIOS THAT WE CAN MOVE FORWARD AFTER THAT.
WHAT QUESTION? COUNCIL? COUNCILMAN JONES? YEAH, UH, UH, RIGHT QUICK, UH, CITY MANAGER IN YOUR OPINION, SHORT OPINION.
I DON'T WANT YOU TO GIMME AN ESSAY, JUST GIMME YOUR SHORT OPINION.
WHAT'S YOUR, HOW YOU FEEL ABOUT THIS? WHAT'S YOUR STANCE RIGHT NOW ON THIS ISSUE? COUNSELOR? AS I INDICATED, I'M NOT AN ATTORNEY.
I DO REST ON THE SHOULDERS OF THE CITY ATTORNEY AS FAR AS THIS ONE IS CONCERNED.
I DO, THAT'S WHAT I SAID, THAT MY OPINION IS I REST VERY STRONGLY ON THE SHOULDERS OF THE CITY ATTORNEY AS FAR AS THIS ONE IS CONCERNED.
I DO CITY ATTORNEY COUNSEL FRANK
WHAT THE QUESTION THAT I, THE QUESTION THAT I WANT, HOLD ON, HOLD ON A MINUTE.
HE, HE HAD A, YOU HAD A SECOND QUESTION.
MAY I ANSWER HIS QUESTION? WOULD THAT BE OKAY? YES.
I'LL BE HAPPY TO GO OVER IT WITH YOU ALL AS THE CO COUNCIL MEMBER STATED, SO YOU CAN BE VERY CLEAR ON WHAT WE'RE TALKING ABOUT.
I'D BE HAPPY TO SET UP A MEETING.
UH, WE CAN BRING OUR TEAM IN AND WE CAN GO OVER IT AND EXPLAIN TO YOU WHAT THE CONCERNS WERE, WHAT THE SPECIFIC ISSUES ARE SO YOU CAN MAKE A EDUCATED DECISION.
THE QUESTION THAT I WANT TO, UH, HAVE ANSWERED BEFORE I MOVE TO TABLE AND TO BRING IT BACK AT THE NEXT MEETING, AND I, I, I, YOU KNOW, I APPRECIATIVELY APPLAUD WHAT, UH, COUNCILWOMAN MOSES IS, IS SAYING, UM, TO HOLD IT AND TO GET INFORMATION AND ALL OF THAT.
BUT I WANTED TO FIND OUT WHAT THE DIRECTION, UM, WHAT THE DIRECTION WAS THAT WE WERE LOOKING AT TAKING.
WERE WE LOOKING AT REJECTING THIS RESOLUTION AT THIS PARTICULAR JUNCTURE AND WAITING FOR THE LETTER OF THAT THAT WE KNOW IS FORTHCOMING AND, UH, GOING FORWARD WITH RESUBMITTING BID SO THAT AT THE NEXT MEETING WE COULD HAVE, UM, A, A BID PREPARED THAT WOULD GO OUT AND REBID THIS PROCESS? IS THAT WHAT WE WERE LOOKING AT DOING? UH, BY, BY PLACING THIS ON THE AGENDA? UM, TODAY, YES.
WE WERE LOOKING AT REJECTING IT AND REBIDDING IT AND WE ARE WORKING ON A NEW INVITATION TO BID WITH OUR, OUR STAFF AND OUR EXPERTS AND, AND PUTTING THE INVITATION TO BID OUT, UH, IN THE MANNER THAT WE THINK WOULD MEET THE FEDERAL GUIDELINES.
THAT'S WHAT WE ARE LOOKING AT.
THAT IS ONE OF THE RE THAT IS THE RECOMMENDATION THAT WE HAD, IS TO REJECT IT, REBID IT, AND REBID IT WITH A NEW INVITATION TO BID THAT MET ALL THOSE GUIDELINES.
AND THAT'S WHAT I WAS LOOKING AT AND THAT'S WHY I WAS LOOKING AT, UM, THE DOING THAT BECAUSE I THINK BY, BY PUTTING FORTH THIS RESOLUTION AT THIS PARTICULAR TIME AND GOING AHEAD AND REJECTING IT, WE MOVE OUT OF THE WAY, YOU KNOW, EVERYTHING THAT IT WAS NOT DONE.
AND WE ARE ABLE TO GO FORWARD AND, UH, BEGIN TO PROCESS A NEW AND FRESH, UH, EVEN WITH MR. HARRISON'S FIRM AND OTHER FIRMS DOING WHAT'S NECESSARY, UH, TO GET THE BALL ROLLING.
SO I, I MEAN, WE CAN STILL PROCURE THE INFORMATION THAT WE WANT TO GET, BUT WE CAN AS WELL NOT STOP THE BALL FROM MOVING FORWARD AND RESUBMITTING A PROPER BID THAT WOULD ALLOW US TO KEEP THE PROJECT GOING.
MAYOR PRO TIM, UH, CITY MANAGER.
I DON'T KNOW IF YOU WANT TO HAVE YOUR STAFF.
JUST A QUICK QUESTION ABOUT IF WE REJECT THIS AND NOT APPROVE THIS TODAY, HOW LONG WOULD IT TAKE TO GO THROUGH THAT WHOLE PROCUREMENT PRO BIDDING PROCESS? IF
[01:05:01]
WE SAY NO TODAY, HOW LONG WILL THIS WHOLE PROCESS TAKE YOU TO COME BACK BEFORE THE COUNCIL TO VOTE ON A NEW, UH, RESOLUTION? UM, IN MY, IN OUR DISCUSSION WITH THE CITY ATTORNEY AND WITH THE CITY ATTORNEY EXPERTS, WE HAVE A TIMELINE LAID OUT BETWEEN 30 TO 60 DAYS.UM, AND THE C AND I DON'T WANT TO SPEAK FOR THE CITY ATTORNEY AND THEY SAY, UM, AND CORRECT ME, YOU KNOW, STOP YOU WHEN I'M WRONG.
THE C UM, THE, THE CITY ATTORNEY EXPERTS DID INDICATE THAT GIVEN THE TIMELINE TO BE DEVELOPED, WE SHOULD HAVE A COPY OF THE BID DOCUMENT SOMETIME NEXT WEEK.
UM, UM, HAVING SAID THAT, THERE WILL BE CERTAIN, SHE HAS LOOKED AT OR HER COMPANY HAS LOOKED AT THE FORECAST THAT CONTINUALLY COME OUT ON A WEEKLY OR MONTHLY BASIS.
AND ALTHOUGH SHE'S NOT SOME SORT OF ECONOMIC EXPERT, SHE THINKS THAT THERE SHOULD BE.
SO THE, THE INFLATION ASPECT, IT SHOULD BE GOING DOWN AND THERE SHOULD BE SOME SIGNIFICANT IMPACT AS FAR AS THE PROJECT IS CONCERNED.
THERE ARE TWO OTHER ASPECTS, CORRECT ME IF I WRONG.
WELL, I THINK THE QUESTION, THERE ARE TWO OTHER ASPECTS THAT, UM, THEY'RE LOOKING AT.
ONE IS VALUE ENGINEERING, THAT TO BE INCLUDED IN IT, AND THE OTHER IS OUR SPECS, THE CITY SPECS, WHICH SHOULD HAVE AN IMPACT ON THE PROJECT COST AS WELL.
AM I CORRECT? WELL, MY, MY ISSUE IS WHAT YOU THINK THE QUESTION IS WITH THE TIMEFRAME, WE WOULD HAVE A NEW INVITATION TO BID, PROBABLY READY IN THE NEXT WEEK, AND THE RECOMMENDATION IS TO HAVE IT OUT FOR 30 OR 60 DAYS.
SO IF WE 60 DAYS IS THE TOP RECOMMENDATION, BUT IT CAN BE 30 DAYS.
SO TABLER KNOWS IF WE DECIDE TO TABLE, LIKE I'M KIND OF GETTING THE SENSE THAT WE, UH, MAY ENCOUNTER.
SO HAVING THE TABLE, WOULD WE ALSO BE ABLE TO PUT THOSE THINGS INTO PLACE? UH, WE WOULD HAVE TO GO AND KILL THIS.
IF YOU, IF YOU TABLE THE ITEM AND YOU WANT TO MAKE A, A, A, DO SOME MORE RESEARCH TO MAKE SURE YOU FEEL COMFORTABLE, YOU CAN, UH, EITHER ACCEPT IT AT ANOTHER TIME OKAY.
BUT, BUT THE INVITATION TO BID IS GONNA TAKE ABOUT ANOTHER WEEK.
TO GET IT IN THE, UH, FORMAT THAT WE NEED TO BE IN.
SO ONCE IT'S PUBLISHED, UH, THE BOTTOM RECOMMENDATION IS 30, THE TOP RECOMMENDATION IS 60.
SO, YOU KNOW, GIVE OR TAKE A WEEK.
UM, THANK, BUT THAT'S THE TIMEFRAME.
I WOULD SAY 30, 30 TO 60 DAYS.
AGAIN, THAT'S EVEN WITH TABLING, THAT'S EVEN 30 TO 60 DAYS IS EVEN WITH US TABLING.
IT HAS TO BE ADVERTISED FOR 30 TO 60 DAYS.
ONCE IT'S REDONE, THE TIMEFRAME, EVEN IF WE TABLE, WE COME BACK AND WE MEET NEXT WEEK.
I'M JUST TALKING ABOUT A WEEK.
IF YOU MEET NEXT WEEK AND YOU REJECT, WE MEET IN A WEEK.
IT COULD PROBABLY BE ADVERTISED IN, LET'S SAY IT COULD BE ADVERTISED IN THE NEXT 10 DAYS FROM WHATEVER DATE IS ADVERTISED.
THAT THEY RECOMMEND 30 TO 60 DAYS.
WE THINK WE SHOULD, WE COULD HAVE IT READY IN BY THE WEEK.
WE'RE ASKING FOR A TABLE FOR A WEEK NEXT WEEK.
AND MR. CITY MANAGER, UH, I THINK YOU INDICATED THAT THE, UH, FEDERAL FUNDING LETTER THAT WE WERE LOOKING FOR, WE WERE JUST WAITING ON A SIGNATURE.
WE WERE JUST WAITING ON A SIGNATURE.
AND MY UNDERSTANDING WAS THAT WE WOULD HAVE THAT SIGNATURE WITHIN THE NEXT COUPLE OF WEEKS.
AND THAT WAS AS OF WHEN WE TALKED LAST WEEK.
SO HOW CLOSE ARE WE TO GETTING UP FUNDING? YEAH.
THAT, THAT IS THE, THE OPERATIVE VIDEO.
HOPE, I WAS HOPING BEFORE CHRISTMAS, I GOT THAT SIGNATURE.
UH, AND THAT'S WHAT I WAS CAUTIOUS.
I'VE BEEN CAUTIOUS ABOUT THE FACT, YOU KNOW, I'M NOT BRINGING THIS MATTER TO COUNCIL BEFORE I GET THAT HARD LETTER.
UM, A AGAIN, AS I SAID THIS MORNING, I HAD A DISCUSSION WITH THE BUREAU REPRESENTATIVE HERE, AND, UM, THEY DID INFORM ME THAT THEY'RE GONNA HAVE A MEETING THIS AFTERNOON AND HOPEFULLY, UM, WE SHOULD HAVE SOME MORE WORK.
SO, UM, SO WE'RE, WE'RE, WE'RE STILL, WE'RE STILL WAITING, WAITING ON THIS CD B G D R MONEY.
IS THAT, THAT'S, THAT'S CORRECT.
I'M ON AND, AND THAT'S TO THE TUNE OF ABOUT 8 MILLION, RIGHT? IT'S 17 MILLION.
MA'AM, IF WE, ONE MORE, ONE MORE, MORE QUESTION.
I'M, I'M GONNA USE AN, I'M GONNA USE AN ANALOGY LIKE OUR, OUR COUNCILMAN CAL JONES.
WHEN EMMA FRANK WAS MAKING A CAKE AND THE BATTER DIDN'T TASTE RIGHT, YOU DON'T PUT IT IN THE OVEN.
AND SO YOU THROW THE BATTER AWAY AND YOU START FROM THE BEGINNING.
THAT'S WHAT WE NEED TO DO HERE.
WE NEED TO THROW THE BATTER AWAY AND MAKE SOME MORE BATTER, THEN PUT THE CAKE IN THE OVEN.
[01:10:01]
TABLING IT, WE'RE NOT GOING FORWARD.WE'RE SIMPLY, WE NEED TO START THE PROCESS.
WE'RE HOLDING BACK WHAT WE COULD BE DOING AS WE GO FORWARD.
SO WE, WE'LL DO WHAT WE, WE'LL VOTE HOW WE VOTE, BUT I THINK WE NEED TO GO AHEAD AND GO FORWARD.
I THINK YOUR ANALOGY WAS, WHAT I WAS GOING TO SAY AT LEAST, WAS TO ASK THE QUESTION, IF WE POSTPONE THIS, WE STILL HAVE TO REWRITE THE DOCUMENT.
IS THAT CORRECT? IT DEPENDS ON HOW YOU VOTE.
IF YOU VOTE TO REJECT, WELL, IF YOU VOTE TO REJECT THE BIDS, IF THE PROBLEM WAS OUR PROBLEM, OR YEAH, YOU WOULD GOT INTENTIONALLY OUR PROBLEM.
WE WOULD STILL HAVE TO REWRITE AND MAKE ADJUSTMENTS TO, TO THE DOCUMENT THAT WE SUBMIT.
IF YOU VOTE TO REJECT THE BIDS, YOU'LL HAVE TO SUBMIT A NEW DOCUMENT AND REBID IT.
AND THAT NEW DOCUMENT WOULD HAVE THOSE CORRECTIONS.
IF YOU VOTE TO MOVE FORWARD, YOU'RE MOVING FORWARD WITH THE DEFICIENCIES.
BUT IF WE DON'T REWRITE IT, THE POTENTIAL IS IN FOUR YEARS, THE FEDERAL GOVERNMENT MAY COME BACK AND ASK US FOR 4,000,044.
IT DEPENDS ON WHAT THEIR FINDINGS ARE.
BUT, BUT, BUT THEY COULD ASK YOU TO CALL BACK.
THAT'S CLEAR THAT IF WE DON'T REWRITE IT, THAT POT POTENTIAL, I MEAN, IF WE DON'T DO THAT, THAT POTENTIAL EXISTS.
WE GOT ANY, ANY CLEAR YET? WHAT WE, WE GOT ANY CLEAR YET? WHAT WE DOING? CHIEF VOTE OURSELF.
COUNCILMAN, CAN I CALL FOR A VOTE ON THE MOTION? YES, PLEASE.
I, I, I'D MAKE A, I'D LIKE TO MAKE AMENDMENT TO THE MOTION.
HOW DO WE DO THAT? HOW DO WE MAKE, DO WE VOTE THE MOTION AND THEN RESTATE THE MOTION AND GET A SECOND? OKAY.
WOULD YOU PLEASE, I'D LIKE TO MAKE A MOTION.
IS THAT OKAY? WE DO JUST HAVE A MOTION ON THE TABLE AT RIGHT NOW TO ADOPT THE PROPOSED RESOLUTION.
SO I CAN MAKE AN AMENDMENT TO THE MOTION.
I'VE GOT A MOTION AND A SECOND ON THAT PARTICULAR MOTION.
SO, ON THIS MOTION, CAN I MAKE AN, I CAN MAKE AN AMENDMENT.
YOU CAN MAKE A MOTION TO AMEND.
WELL, SO WHAT DO WE NEED TO ACT ON THIS? MOTION ON TABLE IT.
DO WE HAVE TO ACT ON THIS MOTION? THAT'S ON THE, SHE CAN WITHDRAW HER.
SHE'S GONNA MAKE A MOTION QUESTION.
COUNCILMAN JOHNSON? I, I THINK WE HAVE A MOTION BECAUSE I CALLED FOR IT ON THIS ITEM.
I WANT TO KNOW, DO WE NEED TO VOTE ON THIS ITEM? TERESA RES? IF WHOEVER SHE'S NOT, CAN WE MADE THE MOTION? WE CAN VOTE ON IT.
THE PERSON CAN RESEND THE MOTION.
IF SHE WANTS TO AMEND IT, SHE CAN RESCIND IT AND RE RESTATE IT.
THE WAY SHE'D LIKE, WOULD YOU? ALRIGHT.
BUT I CAN SECOND, I CAN AMEND MY SECOND.
SO YOU WANT ME TO RESCIND THE MOTION THAT I MADE RESIN THE MOTION? YES.
I WILL RESCIND IT AND I WILL MAKE A MOTION.
THAT WE TABLE THIS ITEM FOR ONE WEEK.
UNTIL WE'VE DONE OUR RESEARCH, WE'VE CONTACTED MAYBE FEMALE SECOND.
WOULD YOU LIKE A ROLL CALL VOTE HERE.
YOU WANNA DO A ROLL CALL? PLEASE DO A ROLL CALL.
COUNCIL MEMBER JONES JONES? YES.
CITY SECRETARY WILL WE'LL MOVE TO
[VIII.A.3. P.R. No. 22961 - A Resolution Accepting A Proposal From Selim Kiralp, LLC Investments For The Purchase And Development Of 35.24 Acres Of Land Located On Pleasure Island And Further Authorizing The Negotiation Of A Development Agreement And All Necessary Documents To Facilitate The Sale Of Said Land]
A AGENDA ITEM PR, UH, NUMBER 22 9 61.A RESOLUTION ACCEPTING A PROPOSAL FROM SALEEM CARAL LLC, INVESTMENTS FOR THE PURCHASE AND DEVELOPMENT OF 35 POINT 24 ACRES.
GENTLEMEN, GENTLEMEN, FOR THE PURCHASE AND DEVELOPMENT OF 34.24 ACRES OF LAND LOCATED
[01:15:01]
ON PLEASURE ISLAND AND FURTHER AUTHORIZING THE NEGOTIATION OF A DEVELOPMENT AGREEMENT AND ALL NECESSARY DOCUMENTS TO FACILITATE THE SALE OF SAID LAND.THE QUESTION THAT I HAVE CONCERNING, UM, THE, UM, PROPOSAL AND THE, UH, THE ACCEPTANCE OR, OR YEAH.
THE ACCEPTANCE OF THE PROPOSAL THAT CAME IN IS THE, THE WAY THAT WE ADVERTISED, WE ONLY ADVERTISED IN, IN, IN TWO PLACES, AS I UNDERSTAND IT.
AND THAT WAS IN THE PORT ARTHUR NEWS AND ON THE WEBSITE WE'RE TALKING ABOUT A MAJOR, MAJOR DEVELOPMENT HERE.
AND I WOULD LIKE TO SEE AS, AS A REPRESENTATIVE OF THE CITIZENS OF PORT ARTHUR, THAT WE ACTUALLY, UH, GO OUT AND SPREAD THIS, UH, ADVERTISING AND, AND, AND BROADEN OUR SCOPE OF ADVERTISING SO THAT WE CAN ATTRACT MORE DEVELOPERS.
I WOULD THINK THAT THERE WOULD BE MORE PEOPLE INVO, YOU KNOW, UH, WILLING TO, TO LOOK AT THIS DEVELOPMENT, UH, THAN JUST ONE PERSON.
IF THE ONE PERSON WINS THE THING, THAT'S FINE.
BUT I, I, I CAN'T SEE GOING OUT WITH JUST ATTRACTING ONE BIDDER ON A PROJECT THAT IN SOME INSTANCES WE'VE SAID IT'S GONNA BE IN THE RANGE OF, I THINK THE, THE, THE PROPERTY IS ALMOST A MILLION DOLLARS.
AND WHAT WE'RE LOOKING TO DEVELOP OVER THERE IS SOMEWHERE IN THE RANGE OF, UH, A HUNDRED TO $140 MILLION.
AND I, I JUST, I JUST THINK THAT WE NEED TO SPREAD, UH, SPREAD THE INFORMATION OUT AND SEE IF WE CAN ATTRACT DIFFERENT, UH, OR ADDITIONAL DEVELOPERS.
I PRO TIM AND RESPECTFULLY I RESPECT, UH, COUNCIL MEMBER MARKS', UH, COMMENTS.
BUT I'D LIKE TO KNOW, WAS THE RFQ PUBLISHED, UM, PROPERLY, UH, ACCORDING TO OUR LEGAL, OUR STAND, UH, WHAT OUR ACCORD IN ACCORDANCE WITH, UH, WITH THE LAW AS FAR AS WE ARE SUPPOSED TO, UH, SEND OUT A RFQ? YES, IT WAS, IT WAS PUBLISHED IN THE NEWSPAPER AND IN THE WEBSITE.
THAT'S WHAT'S REQUIRED BY STATE LAW.
AND, UM, IF, UM, STAFF, UM, I'D LIKE TO KNOW, I KNOW WE'VE STARTED THIS PROCESS.
WE PROMISED THE CITIZEN SUPPORT ARTHUR WHEN WE WENT TO A VOTE AND WORK ON THIS LAST YEAR, FEBRUARY.
IT'S TAKEN US ABOUT A YEAR TO GET TO THIS POINT.
UM, WE'VE ADVERTISED, UM, LOCALLY, WE'VE ADVERTISED AS, AS PART OF THE PROCUREMENT PROCESS STATE.
UM, ANYTHING ELSE THAT WE, UM, THAT MAY HAVE CONCURRED.
I KNOW IN FEBRUARY OF LAST YEAR, WE STARTED THIS PROJECT, UH, GETTING THE PROPERTY DEVELOPED, TOLD THE CITIZENS WE'RE LOOKING FOR SOMETHING ACROSS PLEASURE ISLAND.
WE'VE GOTTEN IT TO THE VOTERS.
WE HAVE GOTTEN, UH, FOUGHT OUR WAY THROUGH TO THIS POINT.
I, I WOULD HATE TO SEE US HAVE TO CONTINUE TO WAIT.
IT WAS, HOW LONG WAS IT PUBLISHED? HOW MANY, WHAT ADDITIONAL HAVE WE DONE ANYTHING OTHER THAN PUBLISHING IN THE PAPER? UM, YES MA'AM.
UM, SO THAT WE COULD, CUZ EVERYBODY'S GIVEN A FAIR OPPORTUNITY IS WHAT I'M TRYING TO YES, MA'AM.
AND, AND IN, IN ADDITION TO, UM, LIKE SHE STATED, THE REGULAR PROCESS, I DID EMAIL IT TO, UM, COMMERCIAL DEVELOPERS.
UM, ALSO THE REAL ESTATE TEAM WHO PURCHASED THE BUILDINGS DOWNTOWN FROM MOTIVA.
UM, SEVERAL, UH, COMMERCIAL DEVELOPERS HAD DONE PROJECTS HERE IN THE CITY OF PORT ARTHUR, UM, AS WELL.
SO I DID, UM, SEND THOSE OUT EARLY OCTOBER.
AND SO THEY HAD ADEQUATE TIME BECAUSE THE PROPOSALS WERE DUE, I BELIEVE, THE 16TH OF NOVEMBER.
AND I ASKED, I WAS, I CALLED AND ASKED WHERE WE WERE, UH, WITH THIS PROJECT, CUZ IT'S BEEN, OF COURSE, THE WHOLE ENTIRE COUNCIL, UM, LOOKING FORWARD TO HAVING SOMETHING ON PLEASURE ON.
SO I ASKED FOR AN UPDATE AFTER CHRISTMAS, AND THEN I FOUND OUT THAT WAS AN ISSUE.
UM, AND I CALLED THE LEGAL, THE CITY ATTORNEY, AND SHE TOLD ME THAT THERE'S NO ISSUE.
UM, THAT WE COULD GO THROUGH AND GET IT ON THE AGENDA AND BASICALLY MOVE FORWARD SO THAT, UH, THAT WE COULD HANDLE THE ISSUE IN CLOSING.
AND SO WE PROMISED THE CITIZENS OF PORT ARTHUR, WE'VE GONE THROUGH THIS A YEAR, BASICALLY FEBRUARY WILL BE A YEAR YES, MA'AM.
[01:20:01]
UH, GET IT EVEN ON THE BALLOT.I MEAN, JUST TO WORK, TO GET IT ON THE BALLOT FROM THE BALLOT.
AND THEN, UM, WORKING TO GET THE PROCUREMENT TOGETHER, THE RFQ TOGETHER, AND THEN, YOU KNOW, GETTING THE BIDS OUT AND THEN COMING TO THIS, THIS IS 23 AND I WOULD HATE TO SEE US HAVE TO GO BACK OUT AGAIN IF WE'VE DONE THE WORK LEGALLY.
WE'VE PAID THE MONEY, MET THE REQUIREMENTS.
I JUST DON'T UNDERSTAND WHY IT WOULD BE SOMETHING THAT WE WOULD HAVE TO GO BACK OUT AND, AND, AND NOT MOVE FORWARD ON FOR OUR CITIZENS.
WE PROMISED PORT ARTHUR THAT WE'RE LOOKING AT SOMETHING ACROSS PLEASURE, HONOR.
EVERYBODY'S GIVEN THE FAIR OPPORTUNITY TO BID.
I DON'T KNOW, UH, WHY WE WOULD HOLD THIS UP.
SO THAT'S, UM, THAT'S JUST MY TAKE ON IT.
UH, I, I I AGREE WHOLEHEARTEDLY A LITTLE BIT.
UH, COUNCIL LADY MOSES, AND FOR THE FIRST TIME, I'M GONNA SAY I, NOT WE, BUT I PERSONALLY WORK MY BUTT OFF ON PLEASURE ISLAND GEORGE.
KNOW THIS IS CITY MANAGER KNOW FLOOR.
I TRY TO BORROW FROM, UH, EQUIPMENT FROM, UH, MR. AIRPORT CUT GRASS.
MR. BLOW BY THE STREETS AND HIGH GRASS.
AND I WORKED MY, YOU KNOW WHAT, PLEASURE ISLAND.
WE HOLLER ABOUT PLEASURE ISLANDS AND DIAMOND IN THE ROUGH FOR THE YEARS AND YEARS.
YOU KNOW, FINALLY GOT BE, GOT TO BE, DEVELOP, BEEN PLEASURE ISLAND.
GEORGE DAVIS HAS GONE THE RIGHT DIRECTION FOR THE FIRST TIME IN YEARS.
DEVELOPMENT HAS TAKEN PLACE IS THE PLACE TO BE, THE PLACE TO INVEST.
WE SHOULD HAVE NO COMMENTS OR NO CRITICISM BY PRESSURE ISLAND.
IF ONE GUY BID IT, SO, SO BE IT.
HE HE'S THE BID, HE GOT THE, WE GOT THE LAND.
COME ON COUNSEL, LET'S MOVE FORWARD.
LET'S NO MORE SLOW THE TRAIN DOWN.
I SAID, I CAN SEE I, CAUSE IT'S MY DISTRICT.
AND I WAS OUT THERE ALMOST EVERY DAY AT ONE TIME, AND GEORGE KNEW I'M NOT LYING NIGHT DEAD AT NIGHT CHIEF.
I WAS CALL CHIEF BY PROBLEMS ON THE ISLANDS.
SO WHEN NOW YOU GOT THINGS GOING, IT'S NOT SLOW THE TRAIN DOWN GUYS, LET'S MOVE FORWARD.
THANK YOU VERY MUCH, COUNCILMAN MARKS.
YOU KNOW, UM, I KNOW I'M STANDING ALONG HERE, BUT MY INTENTION AND, AND, AND THE BEST INTEREST OF THE CITIZENS OF PORT ARTHUR ARE MY CONCERN.
ALL I'M ASKING IS THAT WHEN WE DO PROCUREMENT AND WHEN WE DO BIDS THAT WE CAST A WIDER NET, THE PORT ARTHUR NEWS.
I'M NOT SURE WHAT THE, WHAT THE CIRCULATION IS, BUT THERE'S PROBABLY ONLY SUBSCRIPTIONS FOR ABOUT 10,000 PEOPLE.
UH, OR IF 10,000, IF THEY HAVE 10,000 SUBSCRIPTIONS.
SO THAT MEANS THAT IT'S NOT, WE'RE NOT CASTING A WIDE NET.
I BELIEVE, BASED ON MY EXPERIENCE, THAT THE WIDER THE NET, THERE ARE MORE DEVELOPERS OUT THERE THAT WOULD GET A CHANCE TO SEE THIS AND MAY BE INTERESTED.
WE ADVERTISE THROUGH OUR EDC ON THE NATIONAL BASIS AND NATIONAL PUBLICATIONS AND EVERYTHING.
ALL I WANT FOR THE CITIZENS OF PORT AUTHOR, IS THAT A, A LARGER NUMBER OF EYES.
SEE THE PROPOSAL, THE REQUEST FOR PROPOSAL, IF THEY CHOOSE TO, UH, TO, TO, TO, TO RESPOND, THEN GOOD.
IF THEY CHOOSE NOT TO, AND WE ONLY HAVE ONE, UH, DEVELOPER THAT RESPONSE, THEN YES, LET'S GO WITH THAT.
BUT I DON'T THINK WE'RE, I, I REALLY DO THINK THAT WE'RE DOING A DISSERVICE TO OUR CITIZENS WHEN WE, WHEN WHEN WE SIT BACK AND WE TALK ABOUT SOMETHING THAT WE'VE BEEN TALKING ABOUT FOR 20 PLUS YEARS, ABOUT A DIAMOND IN THE ROUGH AND WHAT WE WANT TO DO OVER THERE.
AND AS IT WAS INITIALLY WHEN, WHEN I CAME ON BOARD THREE YEARS AGO, THAT WAS ONE OF THE FIRST THINGS WE TALKED ABOUT, WAS DOING SOMETHING ON PLEASURE.
AND I JUST WANTED SAID FOR THE RECORD, IF, IF THE, THE ONE BIDDER IS, IS ALL WE'RE GONNA GO WITH, THAT'S FINE.
BUT I THINK THAT WE'RE DOING A DISSERVICE TO OUR CITIZENS BY NOT CASTING A WIDER NET.
I DON'T THINK IT'S GONNA BE MORE EXPENSIVE.
IT'S NOT GONNA TAKE MORE A, A, A LOT LONGER TIME.
WE'RE TALKING ABOUT POSTPONING A PROJECT OR, OR TWO PROJECTS HERE THAT'S BEEN ON THE BOARD SINCE BEFORE I CAME ON COUNCIL FOR FIVE YEARS.
WE'RE TALKING ABOUT A COUPLE MONTHS.
I DON'T THINK THAT'S, THAT'S, THAT'S UNREASONABLE.
[01:25:01]
AND I WILL STAND ON THIS, IS THAT WE'RE DOING OUR CITIZENS A DISSERVICE IF WE DON'T CAST A WIDER NET WHEN WE'RE TALKING ABOUT A PROJECT THAT DISLODGE COUNCILMAN FRANK, FIRST AND FOREMOST, COUNCILMAN MARKS.IT'S NOT A BAD THING TO STAND BY YOURSELF.
UH, I JUST WANT TO THROW THAT IN THE GUMBO WHILE I'M STANDING OVER THE POT.
THE SECOND THING IS, IS THAT, UM, UM, WHEN I CAME ON COUNCIL, UH, IT HAS ALWAYS BEEN, UH, A HOPE, UH, A DREAM AND A VISION OF MINE THAT SOMETHING WOULD COME TO PASS ON PLEASURE ISLAND.
AND SO FOR THIS NOW, UH, TO BE HERE, UH, BEFORE US, WITH THE APPROVAL OF OUR CITIZENS, UH, WITH THE WORK OF OUR STAFF, WITH THE LEADING OF OUR CITY MANAGER, UM, UH, THIS IS A DREAM COME TRUE.
I, I BELIEVE AND I UNDERSTAND FULLY WHAT, UH, COUNCILMAN MARKS, UH, IS SAYING, UH, BUT WE HAVE BEEN SAYING FOR COUNTLESS NUMBERS OF YEARS THAT, UH, PLEASURE ISLAND IS A DIAMOND IN THE ROUGH AND ALL OF THAT.
BUT I THINK BY TAKING THIS FIRST STEP AND SHOWING DEVELOPERS THAT PORT ARTHUR IS UH, OPEN FOR DEVELOPMENT AND THAT, UH, AN INDIVIDUAL HAS COME FORWARD AND THAT WE'RE ABLE TO PUT FORTH THIS PROCESS IN, YOU KNOW, FIELD OF DREAMS, IF YOU BUILD IT, THEY'LL COME.
SO IF THEY SEE THAT THIS PROCESS HAS BEEN WORKING, IF THEY SEE THAT THE CITIZEN OF PORT ARTHUR ARE ON BOARD, IF THEY SEE THAT THE STAFF IS ABLE TO MAKE IT COME TO PASS, AND THAT THIS IS ABLE, UH, TO HAPPEN, THAT SOMEONE IS ABLE, UH, TO BRING THE RESOURCES TO BEAR TO CAUSE SOMETHING EXTRAORDINARY TO HAPPEN IN PORT ARTHUR AND ON PLEASURE ISLAND, OTHER DEVELOPERS WILL COME.
AND SO I DON'T THINK THAT WE OUGHT TO THWART THE PROCESS.
I THINK THAT WE OUGHT TO APPLAUD THE PROCESS AND PUSH THE PROCESS.
AND SO I'M GOING TO VOTE YES ON THIS, ON THIS, UH, ON THIS RESOLUTION.
UH, WELL JUST LISTENING TO MY COHORTS AND, AND WE DISCUSSING BEING ON THE COUNCIL ABOUT GOING ON SIX YEARS IN MAY, WE'VE TALKED ABOUT, YOU KNOW, HOW WOULD WE, UH, INCREASE, UH, POPULATION IN PORT ARTHUR.
WE TALKED ABOUT DEVELOPMENT, THE WHOLE CITY.
AND WE ALSO TALKED ABOUT WHAT COUNCILMAN MCCALL JONES WAS SAYING EARLIER ABOUT DEVELOPMENT PLEASURE ISLAND.
IT'S A BENEFIT TO THIS OR THIS, THIS COMMUNITY TO DO THAT.
I REMEMBER TALKING WITH, UH, INDIVIDUALS WHEN I RAN FOR THIS PARTICULAR OFFICE.
YOU KNOW, WHAT IS THE THREE TOP THINGS YOU WANT TO DO TO HELP PORT ARTHUR GROW? YOU KNOW, INCREASE THE POPULATION, DEVELOP DOWNTOWN, UH, DEVELOP PLEASURE ISLAND, IMPROVE STREETS AND DRAINAGE.
ALL THOSE THINGS MATTER TO COUNCIL MEMBERS AND MY COHORTS.
AND TO DO THAT HERE AND WE FIND SOMEONE THAT REALLY IS INTERESTING TO DEVELOP PLEASURE ISLAND.
MINE, I'VE ALWAYS THOUGHT THAT THE HEARTBEAT OF ANY CITY IS YOUR DOWNTOWN AREA.
AND THAT THE THINGS THAT'S ON THE OUTSIDE THAT'S GONNA BENEFIT PORT ARTHUR, IT'S LIKE PLEASURE ISLAND.
AND I HOPE THAT WE KEEP IN MIND THAT THAT'S JUST WHAT WE ARE HERE TO DO TO MAKE THOSE TOUGH DECISIONS AND TO VOTE PROPERLY ON THOSE DEVELOPMENT OPPORTUNITIES.
AND I THINK THESE ARE ONE, THIS IS ONE OF THESE OPPORTUNITIES.
SO I JUST WANT TO KIND OF ECHO WHAT SOME OF MY COHORTS AND MEMBERS OF THIS DIOCESE IS TALKING ABOUT WHEN WE TALK ABOUT DEVELOPMENT AND PLEASURE ISLANDING, IT'S AN OPPORTUNITY.
BUT I DO ALSO AGREE WITH COUNCILMAN MARKS WHEN WE TALK ABOUT OPENING UP, GETTING BROADER, EXPANDING EYES TO SEE WHAT'S GOING ON IN PORT ARTHUR.
THAT'S SOMETHING WE SHOULD DO AS WELL AS A NATIONAL BASE.
THE MORE PEOPLE YOU SEE, THE MORE INTEREST YOU'RE GONNA HAVE IN THE CITY OF PORT ARTHUR.
BUT IF THEY DON'T KNOW, THEY JUST DON'T KNOW.
AND WE JUST KEEP OUR EYES KIND OF CLOSED ABOUT THOSE THINGS WE ARE DOING OURSELF A DIS JUSTICE.
BUT THIS PARTICULAR OPPORTUNITY THAT I FEEL THAT WILL BENEFIT GROWTH IN THE LONG RUN.
UM, COUNCIL MEMBER MOSES? YES, JUST MY LAST TIME.
AND, UM, I THINK WE'RE ALL ON THE KINDA, YOU KNOW, JUST KNOWING THAT WE'VE BEEN WAITING FOR THIS, THIS AMOUNT OF TIME, BUT THIS IS ONLY TO NEGOTIATE A DEVELOPMENT AGREEMENT.
SO IT'S NEGOTIATING DEVELOPMENT AGREEMENT.
IT'S NOT SAYING WE'VE REWARDED IT, WE HAVEN'T SOLD IT, HAVEN'T DONE ANYTHING WITH IT.
BUT WE'VE, IF WE'VE DONE IT THE WAY WE'VE DONE EVERY OTHER PROPOSAL, RFQ, RFQ, THAT'S GONE OUT, WHY WOULD WE MAKE THIS ONE DIFFERENT? YOU KNOW, THAT'S MY WHOLE POINT.
WHY WOULD WE GO AND DO SOMETHING DIFFERENT WITH THIS ONE BID OR RFQ? WHY WOULD WE DO IT DIFFERENTLY THAN WE'VE DONE THE OTHERS? IF WE'VE DONE THE SAME THING WITH ALL OF THE OTHER RFQ THAT HAVE GONE OUT, WHY WOULD WE SINGLE THIS ONE OUT AND DO IT DIFFERENTLY? MY HOPE IS THAT WE DON'T DO THAT.
[01:30:01]
AND YOU'VE EMAILED THEM AND TOLD 'EM THAT THIS IS OUT THERE, PEOPLE THAT HAVE BEEN, UH, INTERESTED IN PORT ARTHUR, IF THEY WERE INTERESTED, THEY HAD THE SAME OPPORTUNITY AND THE SAME TIMEFRAME TO GO OUT AND ANSWER THE RFQ, WHETHER THEY WERE INTERESTED OR NOT, AND THEY CHOSE NOT TO.SO WE'VE NOT DONE ANYTHING DIFFERENTLY WITH THIS RFQ AND IT'S MET ALL THE LEGAL REQUIREMENTS.
I DON'T UNDERSTAND WHY WE WOULD WAIT IF THEY WERE INTERESTED BACK THEN AND YOU MET WITH DEVELOPERS OR HAD AN OPPORTUNITY TO MA GO OUT TO THEM AND PERSONALLY EMAIL THEM AND THEY DIDN'T RESPOND.
I DON'T, I DON'T, I DON'T, I DON'T KNOW WHAT MORE WE COULD DO IF YOU'RE, EITHER YOU'RE INTERESTED OR YOU'RE NOT INTERESTED.
AND LEGALLY WE'RE, AND MY THE CITY ATTORNEY SAID, WE'VE MET ALL THE LEGAL REQUIREMENTS THAT WE'VE DONE WITH EVERY OTHER RFQ.
IF YOU WANNA READ THE PORT ARTHUR NEWS, IT'S AVAILABLE TO YOU.
WE SHOULD NOT HOLD UP OUR PROCESS BECAUSE YOU DIDN'T READ THE PAPER COUNCIL MEMBER JONES? YES.
UH, I WANNA MAKE SOMETHING CLEAR.
UH, COUNCILMAN MORRIS ON ONE IN ONE SENSE THAT IN THE FUTURE, GOING FORWARD, NOT ON THIS ITEM HERE, BUT GOING FORWARD, IF YOU WANT TO, YOU KNOW, SPREAD OUR WIND AND GET A BIGGER ADVERTISING SOURCE.
BUT DOC, I THINK THAT'S, THAT SHOULD BE BROUGHT ATTENTION TO CITY MANAGER PROPERTY AND CITY ATTORNEY.
YOU KNOW, UH, MAKE THEM A AVAILABLE, MAKE THEM, UH, AWARE YOUR INTENT, YOUR CONCERNS.
UH, I JUST THINK RIGHT NOW WE SHOULD PROBABLY SHOULD HAVE GOT THIS FAR, FAR THE COUNSELING AND THE CITIZENS, YOU KNOW, I THINK THAT SHOULD HAVE BEEN BROUGHT TO THE MANAGEMENT, TO THE ATTORNEY.
YOU GOT A POINT ABOUT WIDENING THE UH, UH, UH, THE ASPECTS OF, UH, OF ADVERTISING.
BUT, UH, I THINK THAT SHOULD HAVE BEEN IMPORTANT, YOU KNOW, TO THE CITY MANAGER ATTORNEY, YOUR CONCERN.
CAUSE IT, IT'S A VALID CONCERN.
SO I WANT YOU TO KNOW WHY I STAND ON THAT.
YOU KNOW, WE SHOULD, UH, SPREAD OUR WINGS A LITTLE WIDER AND, UH, GOING FORWARD WITH, BUT NOW THIS IS DONE.
THIS HAS REALLY BEEN BROUGHT TO WE, YOU KNOW, WE AGREED UPON IT.
SO, UH, I THINK WE KIND OF CLEAR OURSELVES WHERE WE ARE NOW.
WE HAVE A MOTION AND SECOND ON THE FLOOR.
MAY AND DIS WE'VE HAD DISCUSSION.
MAY I HAVE A, UH, ALL THOSE IN FAVOR? AYE.
ANY OPPOSITION? NO MOTION CARRIES.
AYE YOU, OH, I JUST WANTED TO SAY IT.
[IX. *CLOSED MEETING (EXECUTIVE SESSION)]
AT THIS TIME WE HAVE, UH, COMPLETED ALL OF OUR REGULARLY SCHEDULED AGENDA ITEMS. WE'LL MOVE TO THE CLOSED MEETING SESSION, UM, IN ORDER TO COMPLY WITH THE REQUIREMENTS OF SECTION 55 1 0.101 OF CHAPTER 5 51 OF THE OPEN MEETINGS ACT, THE TEXAS GOVERNMENT CODE, UM, PRIOR TO GOING INTO CLOSED MEETING, THE PRESIDING OFFICER, THE CITY SHALL MAKE THE FOLLOWING PUBLIC COMMENT, A CLOSED MEETING.OUR EXECUTIVE SESSION WILL NOW BE HELD PURSUANT TO THE FOLLOWING SECTIONS.
SECTION 5 51 0.074 PERSONNEL SECTION 5 51 0.0 76.
SECURITY PERSONNEL ARE DEVICES IN SECTION 5 51 0.087 DELIBERATIONS REGARDING ECONOMIC DEVELOPMENT INCENTIVES DURING THIS PARTICULAR CLOSED SESSION, WE WILL DISCUSS SECTION 5 51 0.07, ONE OF THE GOVERNMENT CODE TO DISCUSS AND RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING POTENTIAL AND OR PENDING CLAIMS, CONTRACTS, LITIGATION, AND OTHER LEGAL MATTERS INVOLVING THE CITY OF PORT ARTHUR.
SECTION 5 51 0.087 OF THE GOVERNMENT CODE TO DISCUSS ECONOMIC INCENTIVES FOR COMMERCIAL, RESIDENTIAL AND OR INDI INDUSTRIAL BUSINESS PEC AND SECTION 5 51 0.072 TO DISCUSS OR DELIBERATE THE PURCHASE EXCHANGE, LEASE OR VALUE OF REAL PROPERTY WITHIN THE CITY LIMITS AT THIS TIME, WE'LL, UM, RECESS TO EXECUTIVE SESSION.
UH, CITY SECRETARY, MAY WE HAVE A ROLL CALL, PLEASE?
[01:35:01]
YES, MA'AM.MAYOR TIM, THANK YOU THERE BEING NO, UH, ITEMS FOR, UH, VOTING COMING OUT OF EXECUTIVE SESSION.
SO AT THIS TIME, I'D LIKE TO ASK FOR, UH, A MOTION TO ADJOURN.
IT'S BEEN MOVED IN SECOND TO ADJOIN THIS MEETING.
I'M SURE THAT'S NO DISCUSSION.
ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.
AT FOUR O'CLOCK AT, WELL FOUR O'CLOCK.
EXECUTIVE EXECUTIVE SESSION AT FOUR.
LET THE RECORD SHOW THAT COUNCILMAN JONES SHOWED UP.