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[I. INVOCATION, PLEDGE & ROLL CALL]
AND WELCOME TO THE REGULARLY SCHEDULED CITY COUNCIL MEETING HERE IN THE CITY OF PORT ARTHUR.HAPPENS TO BE ON A SPECIAL DATE JULY 10TH BECAUSE WE COULD NOT MEET ON JULY 4TH.
AND SO THE MEETING WAS PREEMPTED UNTIL TODAY HERE AT 10:00 AM HERE IN THE CITY COUNCIL CHAMBERS IN THE CITY OF PORT ARTHUR AT 4 44 FOURTH STREET AND CHAMBERS ON THE FIFTH FLOOR HEREIN CITY HALL.
YOU MAY ATTEND THE MEETING AND PARTICIPATE THROUGH TELEPHONIC OR VIDEO CONFERENCE MEDIUMS, HOWEVER YOU MUST FIRST DIAL 8 7 7 8 5 3 5 2 4 7 OR 8 8 8 7 8 8 0 0 9, AND ENTER MEETING ID OF 8 2 1 5 6 3 9 0 7 9 5, AND THE PASSCODE OF 66 2 9 48.
AND YOU WILL BE PERMITTED TO ATTEND THE MEETING.
AND ALSO, WE ARE IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACTS.
AND IF THERE WOULD BE A NEED FOR ANY SPECIAL ACCOMMODATIONS, YOU WOULD FIRST CALL THE CITY SECRETARY'S OFFICE AT 4 9 9 8 3 8 1 1 5.
HOWEVER, THIS HAS TO OCCUR 24 HOURS PRIOR TO THE MEETING.
YOU MAKE THE REQUEST AND YOUR REQUEST WILL BE GRANTED ACCORDING TO THE AVAILABILITY OF RESOURCES.
AND WITH THAT BEING SAID, IF YOU HAVE, UH, MOBILE DEVICE OR SOME PIECE OF TECHNOLOGY THAT MIGHT BEEP OR CHIRP, WE WOULD LIKE FOR YOU TO SILENCE IT, IF YOU WILL.
AT THIS JUNCTURE WE WERE GOING, WE'RE GONNA UNDERSTAND AND WE'LL HAVE THE INVOCATION, AND WE WILL ALSO HAVE THE RECITATION OF THE PLEDGE OF ALLEGIANCE.
WOULD Y'ALL PLEASE STAND AND JOIN US IN OUR INVOCATION? FATHER GOD, IT IS IN THE NAME OF JESUS THAT WE APPROACH YOUR THRONE OF GRACE AND YOUR THRONE OF MERCY AT THIS HOUR.
DEAR GOD, WITH HUMBLED HEARTS AND WITH THANKFUL SPIRITS FOR ALL OF THE MANYFOLD BLESSINGS THAT YOU HAVE BESTOWED UPON US.
DEAR GOD, WE ASK THAT YOU WOULD ALLOW US TO HANDLE THE BUSINESS OF THIS MUNICIPALITY ACCORDING TO THE WILL THAT YOU HAVE FOR THIS YOUR PEOPLE.
WE PRAISE YOU, GOD, BECAUSE YOU'RE SO GOOD AND YOU'RE SO KIND.
FOR 125 YEARS, YOU HAVE ALLOWED PORT ARTHUR TO BE IN EXISTENCE, AND WE WOULD EVEN PETITION YOU NOW TO EVEN ALLOW ANOTHER 125.
BUT AS WE BEGIN THE SECOND 1 25, I ASK, DEAR GOD, THAT YOU WOULD BLESS THIS ASSEMBLAGE OF COUNCILPERSONS WHO ARE GATHERED HERE ON TODAY.
ALLOW US DEAR FATHER TO OPERATE WITHIN THE CONFINES OF YOUR WILL.
WE INVOKE YOUR PRESENCE IN EACH OF US AS WE ATTEMPT TO DO THE DUTIES THAT WE HAVE BEEN ELECTED TO DO.
I ASK FOR A SPECIAL BLESSING AS CHAIR OF THIS AUGUST BODY THAT YOU WOULD ALLOW ME TO PRACTICE, TO DISPLAY, AND TO MOVE FORWARD ACCORDING TO YOUR WILL.
ALLOW US FATHER TO BE DISAGREEABLE IN DISAGREEMENTS.
ALLOW US FATHER TO BE RESPECTFUL IN ALL OF OUR ACTIONS TOWARD ONE ANOTHER.
WE THANK YOU, DEAR GOD, FOR ALL THAT YOU HAVE DONE.
WE WANT TO THANK YOU, FATHER, FOR WHAT WE KNOW THAT YOU ARE YET GOING TO DO, AND CONTINUE TO BLESS AND GUIDE US AND BLESS THIS CITY, THIS STATE, THIS COUNTRY, AND THIS WORLD.
IN THE NAME OF JESUS, WE DO PRAY.
AND THANK GOD TO PLEASE JOIN US.
NOW I PLEASURE ALLEGIANCE 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.
THANK YOU FOR YOUR INVOLVEMENT AND INDULGENCE IN OUR OPENING.
WE WILL BEGIN WITH PROCLAMATIONS.
I DON'T HAVE ANY CITY SECRETARY BEFORE ME.
OKAY, SO, EXCUSE ME, I'M SORRY.
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MAYOR VART.COUNCIL MEMBER FRANK, PRESENT.
AND AS I WOULD REITERATE, THERE AREN'T ANY PROCLAMATIONS TO BE DISCUSSED AT THIS JUNCTURE.
[III.A.(1) Oscar DeJean-Dwin Regarding Bringing In Another Ambulance Company]
NOW TO ROMAN NUMERAL THREE, WHICH IS PETITIONS AND COMMUNICATIONS.WE HAVE A SPEAKER, MR. OSCAR, D JEAN, UH, DEEN, ARE YOU PRESENT? UH, YES.
WOULD YOU APPROACH, PLEASE, MR. DEWIN? I WAS INFORMED THAT YOU WOULD LIKE FOR MRS. OR MS. COLE TO SPEAK ACTUALLY ON YOUR BEHALF.
IS THAT STILL YOUR WISHES? UH, WE WAS JUST GOING 10 MINUTES HERE.
I'M GONNA BRING HER UP IN A SECOND.
I'M GONNA LET YOU INTRODUCE YOURSELF AND SHE'S GOING TO COME UP.
THIS IS WHAT, THIS IS THE ONLY WAY THAT WE COULD LEGALLY DO IT.
BECAUSE YOU ARE THE PERSON TO SPEAK, RIGHT? RIGHT.
AND I WAS INFORMED THAT YOU WOULD WISH FOR HER TO SPEAK, BUT YOU'D HAVE TO BE HERE TO INTRODUCE YOURSELF.
SO WOULD YOU INTRODUCE YOURSELF FOR ME, PLEASE? YES.
UH, OSCAR D EUGENE WIND, NINE ONE WEST BROUGHT IN.
NOW, MS. COLE, YOU MAY PROCEED AND SPEAK FOR MR. DWIN.
WELL, ACTUALLY, I HAVE SOMETHING, SOMETHING.
MY NAME IS CORDELIA MULLIN COLE.
I RESIDE AT 1301 GRANNYS AVENUE.
UM, I AM HERE TODAY TO JOIN MR. JOANNE IN THE PETITION, UH, HOPEFULLY TO ENCOURAGE YOU ALL TO CONSIDER AND IF DEEMED APPROPRIATE, APPROVE AN ADDITIONAL AMBULANCE SERVICE.
UM, IN SEPTEMBER OF 2020, UH, MY FATHER, UM, WHO WAS 100% IMMOBILE, UM, SUFFERED A TRAUMATIC FALL, UH, WHILE BEING HANDLED BY THE AMBULANCE SERVICE THAT WE HAVE.
UM, AND IT WAS ONE THAT WAS COMPLETELY AVOIDABLE.
UM, UNFORTUNATELY, IT CAUSED IRREPARABLE DAMAGE THAT REMAINED WITH HIM FOR THE DURATION OF HIS LIFE.
AND BECAUSE HE WAS IMMOBILE EVERY TIME THAT WE HAD TO FEED HIM, TURN HIM CLEAN HIM, WE EXACERBATED THE PAIN AND THE DAMAGE THAT WAS CAUSED BY THE FALL.
UM, BUT IN REMOVING HIM FROM THE AMBULANCE TO BRING HIM BACK INTO OUR HOME, UM, THEY FLIPPED HIM, DROPPED HIM.
HE WAS NOT STRAPPED INTO THE GURNEY, AND HE, UH, SMASHED HIS HEAD ON THE CONCRETE IN FRONT OF OUR HOME.
UM, THE COMPANY DID THEIR BEST TO, UM, ALLEVIATE THE MATTER TO, TO THE EXTENT THAT THEY WERE ABLE TO.
HOWEVER, AGAIN, BECAUSE MY FATHER WAS COMPLETELY IMMOBILE, WE HAD NO OTHER RECOURSE.
AND SO FOR EVERY STORM FOR WHICH WE HAD TO EVACUATE HIM PRIOR TO THE CITY MOVING, UH, FOR EVERY DOCTOR'S VISIT, UH, AND EVERYTHING, UH, IN THAT PERIOD OF TIME WAS AN EMERGENCY.
AS HE WAS ACTIVELY TRANSITIONING, WE HAD NO OTHER RECOURSE.
BUT TO RETURN TO THE SCENE OF THE CRIME, WE HAD TO CALL BACK THE SAME PEOPLE BECAUSE THERE WAS NO OTHER OPTION FOR US.
UM, THAT WAS TRAUMATIC FOR US AS A FAMILY.
IT WAS PRETTY MUCH UNBEARABLE FOR MY MOTHER AS HIS SPOUSE OF 54 YEARS AND CAREGIVER OF 22.
UM, AND IT WAS DIFFICULT FOR ME TO EXPLAIN TO HIM, UM, WHILE WE HAD TO CONTINUE TO GO BACK TO THE SCENE OF THE CRIME, IT WOULD APPEAR AS THOUGH A MONOPOLY IS IN PLACE WITH THIS REGARD.
AND HAVING AN OPTION WOULD'VE BEEN SOMETHING THAT WOULD'VE BEEN TREMENDOUSLY BENEFICIAL TO US.
UH, EVEN AT THIS POINT WHEN I INCURRED THAT PARTICULAR COMPANY, UM, A SENSE OF DREAD OVERCOMES ME BECAUSE WE WERE INFORMED THAT THIS HAPPENS FREQUENTLY, THAT IT HAPPENS QUITE A BIT.
AND I'M JUST, I'M VERY SADDENED TO ADD TO THE LIST TO SAY THAT IT HAPPENED TO US AS WELL.
UM, WE WERE ABLE TO EXTRACT VIDEO FROM OUR SURVEILLANCE CAMERAS TO SEE EXACTLY WHAT HAPPENED AND THEN TO SEE HOW THEY CORRECTED THE MATTER UPON RETURNING HIM FROM, UM, THE EMERGENCY
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ROOM, FROM HAVING HIM CHECKED OUT.BUT IT SHOULD NOT HAVE HAPPENED.
AND EVERY TIME THAT WE HAD TO CALL FOR ASSISTANCE THEREAFTER, WE DID SO WITH THE KNOWLEDGE THAT IT COULD VERY WELL HAPPEN AGAIN.
SO I'M HERE TO ASK ON BEHALF OF MY MOTHER, UH, MY SIBLINGS, AND ON THE MEMORY OF MY FATHER WHO, WHO DEDICATED HIS LIFE AND SERVICE IN YEARS TO THIS CITY THAT WE STRONGLY CONSIDER, UM, ALLOWING ANOTHER SERVICE TO COME IN.
ADMITTEDLY, I WORK WITH THE SCHOOL DISTRICT AND NOT WITH CITY ORDINANCES.
SO I DO NOT KNOW WHAT THE LOGISTICS ARE THEREIN, BUT I'M ASKING THAT YOU FULLY, FULLY REVIEW, UM, THE POSSIBILITY AND THE PROBABILITIES AND HOW IT COULD BE BENEFICIAL TO THE CITIZENS OF PORT ARTHUR.
UM, MY FATHER SHOULD NOT HAVE HAD TO ENDURE THAT.
AND THEN WE MOST CERTAINLY SHOULD NOT HAVE HAD TO ENDURE IT OVER AND OVER AGAIN EACH TIME.
SO ANY CONSIDERATION THAT YOU CAN GIVE TO THE MATTER WOULD BE GREATLY APPRECIATED.
I DO HAVE A VIDEO THAT I WILL NOT SHOW AT THIS JUNCTURE IN TIME FOR, I DON'T THINK IT IS APPROPRIATE, BUT IF ANY POINT IN THE FUTURE, UH, MAYOR OR COUNCIL, IF YOU ALL WOULD LIKE TO SEE IT, I WOULD BE GLAD TO SHARE IT WITH YOU ALL PRIVATELY.
I WOULD JUST ASK THAT IT NOT BE SHOWN FOR THE ENTIRE CITY TO VIEW.
UM, BUT IF IT IS NEEDED WITHIN THE COURSE OF YOUR DELIBERATIONS, I WOULD BE GLAD TO SHARE IT.
NOW, ATTORNEY, UH, AND I'M JUST WANNA BE SURE I'M DOING IT, UH, PARLIAMENTARY CORRECTLY, MR. DJ, UH, DW CAN SPEAK.
YOU SAID YOU HAD SOMETHING TO SAY, MR. DW, REAL BRIEF.
WE STILL WITHIN THANK YOU ABOUT, ABOUT ABOUT A MINUTE.
IT AIN'T GONNA TAKE THAT LONG.
FIRST OF ALL, GOOD MORNING EVERYBODY.
SO I JUST WANNA TOUCH ON THE BASIS REAL QUICK, GIVE A BRIEF HISTORY.
UH, UH, EVEN THOUGH I COME FROM A BACKGROUND OF MARKETING SALES, I'M NOT THAT BIG A SPEAKER, BUT I'LL JUST TOUCH ON IT BRIEFLY.
I STARTED WORKING FOR ACADIAN IN 2016.
ON 2017, THEY WANTED ME TO SPEAK REGARDING CONCORD AMBULANCE COMING IN THIS COMMUNITY.
I REFUSED BECAUSE I, I WOULD NOT SAY THAT THEY WERE HIRING MINORITIES OR CITIZENS FROM PORT ARTHUR.
UM, IN 20, IN 2019, I TO MY ROTATOR CUFF, I FILED THE COMPLAIN OF DISCRIMINATION AND RETALIATION COMPLETELY SW UNDER THE RUG, COVER IT UP.
UM, ALSO IN REGARDING, UH, ACADIAN, I KNOW FOR SURE THAT THEY ARE SEVERELY UNDERSTAFFED.
UH, IF YOU GO IN INDEED, YOU'LL SEE WHERE THEY'RE NOW HIRING JUST, UH, ATTENDANCE TO DRIVE THE AMBULANCE IN CONJUNCTION WITH A PARAMEDIC OR, UM, E M T SUPERVISOR HAVING TO WORK THE TRUCKS.
UM, I JUST BELIEVE IT'S VERY IMPERATIVE IN THE EMERGENCY THAT WE BRING IN ANOTHER COMPANY, WHETHER IT'S ALL TOGETHER, CONJUNCTION OR WHATEVER IT MAY BE.
I THINK, UH, COUNCILMAN KINLER GAVE HIS TESTAMENT AS TO WHAT HAPPENED.
AND I'M, I'M NOT ANY, ALL, ANY, ANY ALLIANCE OR ALLEGIANCE WITH ANYBODY, ANY COUNCIL MEMBER OR ANY COMPANY.
I'M SPEAKING FROM MY HEART AND I'M SPEAKING FROM THE CITIZENS OF PORT ARTHUR IS THE EMERGENCY, IS THE EMERGENCY.
UH, ANY QUESTIONS FROM THE, UH, COUNCIL OR REMARKS? THANK YOU ALL.
THANK YOU ALL FOR YOUR PARTICIPATION ON THE TODAY.
I CAN'T, RIGHT? NO, MA'AM, I CAN'T.
WE ARE MOVED NOW TO PRESENTATIONS.
UH, WE HAVE A PRESENTATION BY TEXAS MUNICIPAL LEAGUE, INTERGOVERNMENTAL RISK POOL, L I R P, REGARDING CITY LIABILITY OF ELECTED OR APPOINTED OFFICIALS ACTING BEYOND THEIR OFFICIAL CAPACITY.
AND THIS HAS BEEN REQUESTED BY COUNCIL MEMBER LEWIS.
DO WE HAVE A REPRESENTATIVE FROM TML PRESENT FOR THIS PRESENTATION? UH, MAYOR, THEY EMAILED AND SAID THEY WERE NOT ABLE TO COME TODAY, BUT THEY COULD TRY TO WORK SOMETHING OUT AT A DIFFERENT TIME.
WE, WE GO AHEAD ON AND RESCHEDULE THEM, UH, FOR A DAY THAT THEY'RE ABLE TO COME.
WE'LL FIND OUT WHAT DAY AND WHAT DAY THEY CAN COME RESCHEDULE.
[III.B.(2) A Presentation By The Police Department Regarding The City of Port Arthur’s Wrecker Ordinance Procedures And Additional Tow Truck Information (Requested By Councilmember Kinlaw)]
TO NUMBER TWO UNDER PRESENTATIONS, A PRESENTATION BY THE POLICE DEPARTMENT REGARDING THE CITY OF PORT ARTHUR'S RECORD, ORDINANCE, PROCEDURES, AND ADDITIONAL TOW TRUCK INFORMATION.THIS HAS BEEN REQUESTED BY COUNCILMAN KINLAW.
WE HAVE SOMEONE FROM THE POLICE DEPARTMENT.
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CHIEF, YOU PRAISE APPROACH.STATE YOUR NAME, PLEASE, AND SIEGLER CHRIS LIEUTENANT, YOU MIC UP JUST A LITTLE BIT ABOUT LIEUTENANT CHRIS SIEGLER.
THE CHIEF HAS ASKED ME TO, UH, AT THE REQUEST OF, UH, COUNCILMAN KEN LAW TO EXPLAIN THE PROCEDURES OF BRINGING IN RECORDS, NEW RECORD SERVICES WITHIN THE CITY.
UH, THE ORDINANCE ITSELF INDICATES THAT THEY ARE REQUIRED TO HAVE SEVERAL DOCUMENTS TO BE PUT INTO AN APPLICATION PACKET.
UH, ONCE THAT PACKET IS S UH, RECEIVED AND THEN REVIEWED RECOMMENDATION IS THEN, UH, FORWARDED TO, TO THE CITY SECRETARY IN LEGAL TO BE PUT ONTO THE AGENDA FOR, UH, PERMITTING THEM.
PART OF THE RECOMMENDATION THAT I HAVE TO LOOK AT IS THEIR HISTORY, WHETHER IT HOLDS ANY, ANY WEIGHT WHEN IT COMES BEFORE COUNSEL OR NOT, I CANNOT ANSWER.
BUT THE, THE PROCEDURE IS ONCE ALL THE DOCUMENTATION IS RECEIVED BY ME, IT IS PUT TOGETHER.
AND THEN I PUT A RECOMMENDATION LETTER THAT ULTIMATELY WE WILL GO FOR A PUBLIC HEARING, WHICH IS SET FORTH BY THE, UH, CITY SECRETARY'S OFFER OFFICE WITH THE, UH, OR IN CONJUNCTION WITH LEGAL DEPARTMENT, UH, ONCE THEY'VE, UH, PUT THE NOTICE WITHIN THE P UH, THE PUBLIC 10 DAYS, I BELIEVE IS THE TIMEFRAME.
AND THEN, UH, IT'S SET ON THE AGENDA.
THANK YOU, UH, FOR YOUR PRESENTATION.
I'LL PUT THIS ON THERE BECAUSE I HAVE SOME CONCERNS.
UH, LIEUTENANT SIEGLER, NOW WE HAVE RECORD SERVICE THAT WANT TO DO BUSINESS HERE IN THE CITY OF PORT ARTHUR.
AND YOU'RE THE SOLELY PERSON THAT ACTUALLY DEALS WITH THE RECORD SERVICE.
AM I CORRECT ABOUT THAT? I AM THE ADMINISTRATOR, YES, SIR.
THIS ADMINISTRATIVE FEE OR PAYMENT OR CHECK, THEY HAVE TO PAY TO THE CITY THAT'S ADDRESSED TO THE CITY OF PORT ARTHUR.
AM I CORRECT ABOUT THAT? THAT IS CORRECT.
AT WHAT TIME DO, UH, ADMINISTRATOR OR SOMEONE FROM THE POLICE DEPARTMENT HOLD THE CHECK WITHOUT TURNING IT IN TO THE CITY OF PORT ARTHUR? WHAT'S THE PROCEDURE IN DOING THAT? OR IF YOU HADN'T HAD A POLICY, WE NEED TO DO ONE.
BUT IN YOUR EYES AS BEING AN ADMINISTRATOR OF THE CITY OF PORT ARTHUR, WHAT IS THE PROCEDURE WHEN SOMEONE TURNS OVER A CHECK FOR COMPLETION OF THEIR PACKET? WHENEVER I PRESENT THE PACKET TO CITY HALL, I DEPOSIT THE CHECK IF THERE IS AN ISSUE, ONCE THE CHECK IS WRITTEN, BUT PRIOR TO IT BEING DEPOSITED IN AN EFFORT TO PREVENT THE INDIVIDUAL FROM LOSING MONEY, HENCE IT'S NON-REFUNDABLE, I WILL HOLD THE CHECK UNTIL SUCH TIME AS I'M ABLE TO SEND IT ACROSS THE STREET TO CITY HALL.
AND TYPICALLY WHEN THAT IS, THAT OCCURS, THOSE INDIVIDUALS ARE NOTIFIED THAT I'M HOLDING THE CHECK PENDING.
AND, AND THE REASONING BEHIND IT.
THANK YOU FOR THAT, UH, EXPLANATION.
BUT MY THING IS THIS, IF WE HAVE RECORD SERVICES THAT WANT TO DO BUSINESS, CAN DO BUSINESS AND WILL BE DOING BUSINESS, MY OPINION PERSONALLY AS A COUNCIL MEMBER IS TO MAKE SURE THAT THEY HAVE THE OPPORTUNITY TO DO THAT.
NOW, IF YOU'RE THE ADMINISTRATOR OF THAT, THAT'S WHY I HAVE CONCERNS.
SO THESE INDIVIDUALS ARE WANTING TO MAKE MONEY IN THE CITY, AND IF THEY ARE PUTTING IN THE PROPER DOCUMENTATION, THE PROPER INSURANCE, THE PROPER STORAGE FACILITIES THAT YOU HAVE TO INSPECT, AM I UNDERSTANDING THAT CORRECT AS WELL? RIGHT.
IF THEY HAVE ALL THOSE THINGS IN LINE, I SEE WHY THEY DON'T DO BUSINESS IN PORT ARTHUR BECAUSE WE NEED THEM.
AND THAT'S EXACTLY WHY I PUT IT ON HERE SO I CAN GET IT PERSONALLY FROM YOU, THE ADMINISTRATOR OF DOING, UH, THE PACKETS, RECEIVING THE MONEY AND DOING AN INSPECTION.
SO I WANT IT THE PUBLIC, I WANT IT THE CITY.
I WANT EVERYONE TO KNOW THIS IS THE PROCEDURE.
SO AT NO TIME A CHECK SHOULD BE HELD OTHER THAN YOUR EXPLANATION, RIGHT? CORRECT.
UH, HOW, HOW MANY RECORDS DO WE HAVE IN THE CITY OF PORT? OPERATED OR NOT? THERE ARE 13.
UH, IS THERE A LIMIT ON THEM? 17.
AND HOW MANY MEMBERS ON THE ROTATION LIST? 13 THIRTEENS ON THE ROTATION LIST.
HOW DO, HOW DO YOU GET ON THE ROTATION LIST PART OF THE APPLICATION, IF YOU, THE RECORD, UH, ORDINANCE ALLOWS FOR TRANSFER PERMITS AND ALSO TOW PERMITS, PART OF THE TOW PERMIT.
THEY MAY MUST MAINTAIN A VSF, WHICH IS A STORAGE FACILITY OR A WRECKER YARD, IF YOU WILL.
AND TYPICALLY THE APPLICATION IS FOR OR TO BE PUT ON THE ROTATION.
UH, TO MY KNOWLEDGE, UH, THERE WAS ONLY ONE, UH, SERVICE THAT WAS PERMITTED, BUT I DID NOT
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HAVE ROOM ON THE ROTATION.SO THEY ESSENTIALLY DID THEIR TRANSFERS UNTIL, UH, AN OPENING CAME AVAILABLE.
UH, WHEN THEY, WHEN THEY A RECORD SERVICE, UM, IF THAT'S A, IF THAT'S A COLLISION OR WRECK OR WHAT HAVE YOU, IS THE PEDESTRIAN, I MEAN THE, UH, THE OPERATOR OF THE VEHICLES STILL HAVE THEIR PREFERENCE ON WHO THEY WANT OR THEY HAVE AN OPPORTUNITY, I MIGHT GO TO THE ROTATION? YES, SIR.
THEY ARE, THEY HAVE AN OPPORTUNITY IF TO NAME A WRECKER, BUT IT HAS TO STILL BE PERMITTED WITHIN THE CITY.
THE NON PREFERENCE IS USED WHENEVER, I DON'T CARE WHO YOU WANT, WHO, WHO YOU GET, JUST GET IT OUT OF THE ROAD.
BUT JUST A MINUTE, COUNCILMAN FRANK? YES.
OFFICER SIGLER, YOU STATED THAT THERE WAS SOME EXTENUATING CIRCUMSTANCES OR SOME SITUATIONS THAT MIGHT HAPPEN THAT MIGHT CAUSE YOU TO HOLD A CHECK SO THAT THE RECORD COMPANY WOULD NOT LOSE ANY MONEY.
WHAT ARE THOSE SITUATIONS? WELL, AND WE, I'VE HAD ISSUES WHERE THE DOCUMENTS WERE NOT COMPLETE.
THERE WERE ISSUES, LIKE I SAID BEFORE, THAT THERE WAS, UH, MAYBE A PROBLEM WITH SOMETHING AND THAT'S IN THEIR BACKGROUND THAT I WOULD HAVE TO MAKE A RECOMMENDATION FOR.
I, UH, WE RECENTLY HAD ONE WHERE INDIVIDUAL HAD SEVERAL VIOLATIONS AND THERE WAS A COMPLAINT THAT CAME IN DURING THE PENDENCY OF THE APPLICATION PROCESS.
AND I INFORMED HIM WHILE I INVESTIGATE THIS, I WAS HOLDING THE CHECK IN ORDER TO CLARIFY AND CLEAR IT UP.
OTHERWISE, I WOULD'VE THROWN HIS BUSINESS IN PUBLIC FORUM.
AND I WAS TRYING NOT TO DO THAT, NOR I WOULD BE REMISS IF I JUST OVERLOOKED IT.
UH, LIEUTENANT WORK, WORKING IN THE CITY VERSUS ROTATING LIST.
CAN YOU WORK IN THE CITY AND THEN BE PLACED ON THE LIST ROTATION LIST? ARE YOU SPEAKING OF, CAN THEY ACTUALLY DO WORK WAITING UNTIL THEY GET APPROVAL? I MEAN THOSE NO SIR.
THEY GO HAND IN HAND WITH EACH OTHER.
IT, BECAUSE IN ORDER TO DO THE BUSINESS WITHIN THE CITY, YOU HAVE TO BE PERMITTED.
DO THESE RECORD SERVICE HAVE TO RENEW EVERY YEAR? WHO DOES THE RENEWAL PROCESS TO MAKE SURE THE PAPERWORK DOCUMENTATION IS CORRECT? EITHER I DO OR SERGEANT THOMAS WHO ASSISTS ME, BUT YES, THEY, THEY WERE, BUSINESS PERMIT IS RENEWABLE EVERY TWO YEARS.
THE VEHICLES HIMSELF HAVE TO BE INSPECTED YEARLY.
WE'LL NOW MOVE TO PAGE, OH, CHIEF, IF YOU HAVE SOMETHING.
SO PART OF THE POLICE DEPARTMENT, WHATEVER DEFICIENCIES THAT WE DISCOVERED DURING THIS PROCESS, WE'RE GOING TO FIX.
AND THEY'RE ON MY SHOULDERS AND NOT LIEUTENANT SEGLER.
SO I JUST WANT YOU GUYS TO KNOW THAT HE'S NOT THE SOLE PERSON.
OKAY, NOW WE'LL MOVE TO, UH, PAGE TWO.
AND WE HAVE A PRESENTATION BY STAFF, UH, REGARDING THE APRIL, UH, APRIL MONTHLY FINANCIAL REPORT.
YOU DO HAVE A, A PUBLIC HEARING AT 10 30.
I WAS, I KNEW IT WAS, I DIDN'T LOOK DOWN.
IS IT OKAY, HOLD ON ONE SECOND.
I WAS INFORMED BY THE ASSISTANT CITY MANAGER, MS. LANGFORD, THAT THE PUBLIC HEARING IS BEEN WITHDRAWN.
THE APPLICANT NO LONGER WISHES TO APPLY.
ON THE, UH, THE FIRST, THAT'S, THAT'S SAME THING, RIGHT? ITEM NUMBER FOUR? YES.
[III.B.(3) A Presentation By Staff Regarding The April Monthly Financial Report]
UH, WE'LL NOW HAVE, UH, PRESENTATION BY STAFF REGARDING THE APRIL, UH, MONTHLY FINANCIAL REPORT.FOR THOSE OF YOU WHO DON'T KNOW ME, SINCE WE HAVE NEW MEMBERS HERE, I'M CANDY DANIEL, FINANCE DIRECTOR, AND I HAVE THE, UH, APRIL MONTHLY REPORT FOR YOU TODAY.
IT'S A LITTLE QUICK REPORT JUST TO KIND OF COVER THE, UH, HIGHLIGHTS OF, OF WHAT'S GOING ON FINANCIALLY.
UM, WE HAVE IT UP ON THE, UH, SCREEN FOR YOU TO SEE.
THIS IS THE APRIL MONTHLY REPORT.
THIS IS THE SEVENTH MONTH OF THE FISCAL YEAR.
WE'RE GONNA START WITH THE GENERAL FUND.
UM, THE REVENUES ARE CURRENTLY 61.8 MILLION, WHICH IS 3.3 MILLION ABOVE THE ESTIMATE.
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UM, 15, UM, MILLION IN PROPERTY TAX, 15.1 MILLION IN PROPERTY TAX COLLECTIONS, WHICH IS ABOVE THE BUDGETED LEVEL BY ABOUT 463,000.THE MAJORITY OF THE TAXES ARE RECEIVED IN JANUARY AND FEBRUARY.
UH, 28.8 MILLION HAS BEEN RECEIVED IN INDUSTRIAL PAYMENTS WITH SUBSTANTIALLY ALL PAYMENTS RECEIVED.
AND THOSE COME IN RIGHT AT THE BEGINNING OF THE FISCAL YEAR.
THE MAJORITY OF THEM, UM, SALES AND USE TAX FOR THE GENERAL FUND THROUGH APRIL IS, UM, 8.6 MILLION, SLIGHTLY ABOVE THE CURRENT YEAR ESTIMATE, AND ABOUT 1% ABOVE LAST YEAR.
THERE IS A TWO MONTH TIME LAG IN RECEIPTS.
APRIL RECEIPTS REPRESENT FEBRUARY SALES.
UH, OTHER REVENUES ARE ABOVE THE ESTIMATED LEVEL BY 2.9 MILLION, AND THIS IS PRIMARILY DUE TO INTEREST EARNINGS.
UH, INTEREST RATES HAVE INCREASED SIGNIFICANTLY AND, UH, WE HAD NOT BUDGETED ACCORDINGLY.
UH, THE NEXT PAGE, UH, WE HAVE THE GENERAL FUND OPERATING EXPENSES 37.5 MILLION THROUGH APRIL, WHICH IS CURRENTLY BELOW THE BUDGETED LEVEL BY ABOUT 6.3 MILLION.
BUDGET AMENDMENTS ARE REQUESTED THROUGHOUT THE YEAR AS NEEDED.
THE AMENDED BUDGET HAS AN ENDING FUND BALANCE OF 26 MILLION OR 130 DAYS OF OPERATING EXPENDITURES.
TOTAL REVENUES ARE 61.8 MILLION.
TOTAL EXPENDITURES ARE 43.8 MILLION, RESULTING IN A HEALTHY FUND BALANCE OF 52.6 MILLION AT THE END OF APRIL.
FUND BALANCE IS WELL IN EXCESS OF THE MINIMUM REQUIREMENTS OF 60 DAYS PLUS ONE AND A HALF MILLION.
UH, AND THAT'S PRIMARILY DUE TO THE FACT THAT THE MAJORITY OF THE INDUSTRIAL PAYMENTS COME IN IN OCTOBER.
AND THEN EXPENDITURES ARE THROUGH SPREAD OUT THROUGHOUT THE YEAR.
UH, NEXT PAGE WE HAVE THE WATER FUND REVENUES TOTAL 20.5 MILLION AT THE END OF APRIL.
THIS IS ABOVE THE BUDGETED LEVEL BY ABOUT 397,000.
REVENUES FROM INDUSTRY IS 367,000 ABOVE THE EXPECTED AMOUNT AT THIS TIME.
AND THEN THE OPERATING EXPENDITURES TOTAL 14.3 MILLION, WHICH IS UNDER THE BUDGETED LEVEL BY ABOUT A MILLION REVENUES, EXCEED EXPENSES BY ABOUT 1.5 MILLION AT THIS TIME.
SOLID WASTE, UH, SOLID WASTE REVENUES TOTAL 6.6 MILLION THROUGH, UH, APRIL, WHICH IS BELOW ESTIMATES BY ABOUT 171,000.
OPERATING EXPENSES ARE CURRENTLY 3.5 MILLION, WHICH IS UNDER THE BUDGETED BUDGET BY ABOUT A MILLION REVENUES, UH, EXCEED EXPENSES BY 1.2 MILLION, LEAVING THE FUND BALANCE IN A BALANCED POSITION AT THIS TIME.
UH, THAT'S PRIMARILY DUE TO A NEW LANDFILL CUSTOMER WHO BEGAN DUMPING AT THE END OF MARCH, UH, AND IS EXPECTED TO BRING IN AT LEAST AN ADDITIONAL 230,000 PER MONTH.
HANEY JUST INFORMED ME THAT WE'VE, UH, UH, BROUGHT IN 1.5 MILLION TOTAL FROM THIS ONE COMPANY THROUGH JUNE.
SO THEY'RE, THEY'RE CONTINUING TO DO WELL THERE.
STAFF WILL CONTINUE TO MONITOR THE FUND TO ENSURE THAT EXPENSES REMAIN IN LINE WITH AVAILABLE REVENUES.
NEXT PAGE, LINDSEY REVENUES ARE 963,000.
THIS IS PLEASURE ISLAND, WHICH IS ABOVE THE ESTIMATE BY 330,000 OPERATING EXPENSES, OR 430,000, WHICH IS 143,000 BELOW THE BUDGETED AMOUNT.
REVENUES EXCEED EXPENSES AT THIS TIME BY 477,000.
NEXT PAGE, WE'RE GONNA MOVE ON TO THE CAPITAL IMPROVEMENT PROGRAM.
YOU HAVE THE STREET SUMMARY ALLOCATION.
TOTAL ALLOCATION FOR ALL YEARS ONE THROUGH FIVE IS 75.9 MILLION.
UH, WE HAD 19.5 MILLION IN YEAR ONE, 14.4 MILLION IN YEAR TWO, 15.2 MILLION IN YEAR THREE, 16.8 MILLION, YEAR FOUR AND 10 MILLION IN YEAR FIVE.
SO THAT'S THE COMPLETE PROGRAM THERE.
UH, NEXT PAGE, STREET SUMMARY EXPENSES, 25.9 MILLION HAS BEEN SPENT THROUGH APRIL, LEAVING A BALANCE OF 50 MILLION, OF WHICH 35 MILLION IS COMMITTED TO OPEN STREETE PROJECTS.
THERE'S CURRENTLY, UH, 15 MILLION BALANCE FROM YEAR ONE THROUGH FIVE ALLOCATIONS, AND IT IS AVAILABLE FOR FUTURE PROJECTS.
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NEXT PAGE, OPEN STREETE PROJECTS AT THE END OF APRIL.1.5 MILLION HAS BEEN BUDGETED FOR OPEN STREETE PROJECTS.
16.5 MILLION HAS BEEN SPENT TO DATE LEAVING A BALANCE OF 35 MILLION TO COMPLETE THE OPEN PROJECTS.
NEXT PAGE, UM, GENERAL IMPROVEMENTS.
UH, THE CURRENT BUDGET FOR GENERAL IMPROVEMENT, UM, PROJECT BUDGET IS 42.6 MILLION EXPENDITURES TOTAL, 9.3 MILLION WITH 33.3 MILLION REMAINING TO BE SPENT.
AND THIS DOES INCLUDE CITY FACILITY IMPROVEMENTS, TECHNOLOGY, PURCHASE OF A FIRE VEHICLE, PUBLIC WORKS, AND PARKS AND RECREATION PROJECTS.
UH, THESE ARE THE OTHER CAPITAL IMPROVEMENTS THAT WE HAVE.
UH, OTHER STREET IMPROVEMENTS INCLUDE BRIDGE AND SIDEWALK REPAIRS.
BUDGETED AT 700,000 THIS YEAR WITH NO EXPENDITURES SO FAR.
DRAINAGE CURRENT BUDGET FOR DRAINAGE IMPROVEMENTS, 69.1 MILLION, WHICH IS PRIMARILY FUNDED THROUGH FEMA MITIGATION GRANTS AND CDBG 6.8 MILLION HAS BEEN SPENT TODAY LEAVING A BALANCE OF 62.3 MILLION DOWNTOWN REVITALIZATION.
UH, THE BUDGET IS 5.1 MILLION, PRIMARILY FOR PARKING LOT EXPANSION AND FIBER OPTIC IMPROVEMENTS.
3 MILLION WILL BE FUNDED THROUGH AN E D A GRANT.
834,000 HAS BEEN SPENT TODAY LEAVING A BALANCE OF 4.3 MILLION.
THE WATER UTILITY IMPROVEMENTS CURRENTLY BUDGETED AT 90.5 MILLION, PRIMARILY FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT.
30.3 MILLION HAS BEEN SPENT TO DATE WITH 60.2 MILLION REMAINING TO COMPLETE THE PROJECTS.
SOLID WASTE IMPROVEMENTS ARE CURRENTLY BUDGETED AT 5.5.
AT 5 MILLION INCLUDES A NEW LANDFILL SALE, CONSTRUCTION OF A DETENTION POND, AS WELL AS NEEDED.
CAPITAL EQUIPMENT FUNDED BY BONDS AND INDUSTRY DONATIONS.
1.8 MILLION HAS BEEN SPENT TO DATE.
UH, THERE ARE SEVERAL NEW PROJECTS THIS YEAR.
2.7 MILLION HAS BEEN BUDGETED.
PROJECTS INCLUDE A BOAT LAUNCH, PARKING LOT, DOCK REPAIRS, DISC GOLF COURSE RENOVATION, AND THE LAKEFRONT PARK PLACE GRIP PLAYSCAPE, PRIMARILY FUNDED BY BONDS AND A TEXAS PARKS AND WILDLIFE GRANT.
268,000 HAS BEEN SPENT TO DATE.
AND THEN WE HAVE THE A R P GRANT PROJECTS.
IN MARCH OF 2021, THE CITY WAS AWARDED 26.7 MILLION IN AMERICAN RESCUE PLAN OR A R P GRANT FUNDS.
UH, THE PROJECTS INCLUDE 13 MILLION FOR WATER WASTEWATER INFRASTRUCTURE AND 7.1 MILLION FOR GOVERNMENT SERVICES.
A TOTAL OF 6.4 MILLION HAS BEEN SPENT LEAVING A BALANCE OF 20.3 MILLION.
MOVING ON TO THE NEXT PAGE, LINDSEY.
THIS IS JUST A RECAP OF THE 2021 CERTIFICATES OF OBLIGATION.
UH, THE PROJECTS THAT ARE ASSOCIATED WITH THE, THAT BOND ISSUE, THEY INCLUDE STREET PROJECTS, DRAINAGE PUMP STATIONS, ANIMAL SHELTER, NEW HEALTH BUILDING RENOVATIONS, AND WATER AND SEWER PROJECTS.
3.4 MILLION HAS BEEN SPENT SO FAR LEAVING A BALANCE OF 29.5 MILLION.
AND THE LAST PAGE, LINDSEY, IS THE, UH, DISASTER FUNDS FOR HURRICANE HARVEY.
31.5 MILLION HAS BEEN RECEIVED PRIMARILY FROM FEMA AND INSURANCE, 34.5 IN EXPENDITURES, LEAVING A BALANCE OF 3 MILLION AT THIS TIME.
COVID 19 3.1 MILLION HAS BEEN RECORDED IN REVENUES AND DONATIONS AND EXPENDITURES TO DATE OF 3.6 MILLION.
HURRICANE LAURA, 217,000 HAS BEEN RECEIVED IN INSURANCE REIMBURSEMENTS THROUGH APRIL AND 3.4 MILLION IN EXPENDITURES.
THE CITY DOES MAKE EVERY EFFORT TO CAPTURE AS MUCH FEDERAL ASSISTANCE AS POSSIBLE FOR ALL DISASTERS.
AND THAT IS MY LITTLE REPORT TODAY.
SHOULD YOU HAVE ANY QUESTIONS, I WILL ATTEMPT TO ANSWER THEM.
UH, COUNCILMAN DOUCETTE CANDY AND THE GENERAL FUND AND, UH, SEVERAL MORE OF YOUR, UH, PAGES.
SO WHAT IS AMENDED? AMENDED MEANS IF THERE'S BEEN ANY AMENDMENTS DURING THE FISCAL YEAR, THERE HAVEN'T BEEN ANY TO THE GENERAL FUND.
NOW, WHAT IT CAN ALSO MEAN IF YOU'RE LOOKING AT THE INDIVIDUAL LINE ITEMS, THEY CAN MAKE BUDGET TRANSFERS BETWEEN
[00:35:01]
LINE ITEMS WITHIN THE DEPARTMENT.AND THAT HAPPENS, UM, IN TOTAL, THE TOTAL ONLY CHANGES IF COUNCIL APPROVES A BUDGET AMENDMENT.
AND I DON'T HAVE THAT LIST WITH ME TODAY, BUT I DON'T BELIEVE THERE WERE ANY, HAVE BEEN ANY FOR THE GENERAL FUND.
BECAUSE, UH, WHENEVER YOU DO A TRANSFER, THE CITY MANAGER APPROVES 'EM WITHIN THE DEPARTMENTS.
BUT WHEN IT MOVED FROM DEPARTMENT TO YEAH.
OTHER LINE WITHIN, WITHIN THE DEPARTMENT, THEY CAN MOVE MONEY FROM ONE LIGHT ITEM TO THE OTHER WITH THE CITY MANAGER'S APPROVAL.
WHEN YOU DO THAT, WHAT IS THE, WHAT DO YOU DO IF YOU DO THAT? DO YOU GO BACK TO THE ACTUAL BUDGET AND YOU MAKE THE AMENDMENT? YEAH, WE, WE GO IN THE SYSTEM AND WE MAKE A CHANGE AND WE MOVE MONEY FROM THIS LINE ITEM TO THIS LINE ITEM.
AND IT DOESN'T AFFECT THE TOTAL AT ALL.
I KNOW IT, I KNOW IT DOESN'T AFFECT THE TOTAL, THE REASON I'M ASKING IT AFFECTS HOW WE BUDGET MONEY FOR THE NEXT YEAR.
IF YOU DIDN'T NEED THAT MUCH, THEN YOU DON'T NEED TO ASK FOR THAT MUCH.
SO WHAT YOU'RE GONNA SEE WHEN THE BUDGET, THE PROPOSED BUDGET COMES THROUGH, YOU'RE GONNA SEE THE AMENDED BUDGET COLUMN FOR THIS YEAR INSTEAD OF THE ORIGINAL.
YOU'RE GONNA SEE WHAT, WHERE THEY'RE ACTUALLY SPENDING THE MONEY.
THE OTHER, THE OTHER, UH, COMMENT I HAVE YOU READING FROM A SHEET THAT GOES INTO DETAIL.
I JUST MADE SOME NOTES, UH, ABOUT THAT RIGHT THERE.
UH, YOU ALSO HAVE THE FULL REPORT.
DID THEY GIVE YOU THE FULL REPORT AT YOUR, UH, DESK? THAT'S ALL THE DETAILS FOR THE ENTIRE DOCUMENT.
THIS IS THE SUMMARIZED VERSION.
THOSE ARE ALL THE QUESTIONS I HAVE AT THIS TIME.
SO YOU MENTIONED THE WATER AND THE SEWAGE.
WELL, LET'S, LET'S START WITH THE SALES TAX.
IS, UH, DO YOU HAVE A SYSTEM IN PLACE THAT YOU MONITOR? YES, SIR.
WHAT BUSINESS IS THAT'S CURRENT ON THE SALES TAX? OH, THE BUSINESSES? NO, I DON'T HAVE A LIST OF THE INDIVIDUAL BUSINESSES.
YOU DON'T HAVE ACCESS TO THAT? UM, MAYBE AT THE STATE, AT THE STATE LEVEL, I DON'T HAVE IT.
YEAH, BECAUSE YOU NEED TO MONITOR THAT AT, THERE'S A PROGRAM.
WHAT I DO IS MONITOR THE TOTAL THAT WE RECEIVE SEND EVERY MONTH WHAT THEY SEND.
BUT, UH, WE, YOU DON'T KNOW WHAT BUSINESS ARE OCCURRING OR BEHIND ON THE SALES CYCLE, HOW MUCH THEY OWE, OWE THE STATE, AND A PERCENTAGE OF THAT COMES TO THE CITY.
SO YOU HAVE NO ACCESS TO THAT? I, NO, I DON'T GET THAT ON A REGULAR BASIS.
LIKE I SAID, IT MIGHT CAN BE SPECIAL REQUESTED, BUT I, I DON'T HAVE THAT.
NOW WHAT ABOUT THE WATER AND THE SEWAGE FUND? ARE, ARE THEY SELF-SUFFICIENT OR ARE THEY STILL BEING SUBSIDIZED FROM THE GENERAL FUND? CURRENTLY THEY ARE SELF-SUFFICIENT.
THEY ARE CURRENTLY, THEY, THEY ARE SELF-SUFFICIENT.
THEIR BUDGET IS BALANCED, AS I MENTIONED.
THEY'RE, UM, THEY HAVE A POSITIVE BALANCE SO FAR THIS YEAR THEY'VE BEEN HOLDING BACK ON THEIR EXPENDITURES.
UH, THEIR EXPENDITURES ARE ABOUT A MILLION DOLLARS UNDER BUDGET.
SO, UM, EVEN THOUGH THEIR REVENUES ARE A LITTLE UNDER WHERE WE BUDGETED THEIR EXPENDITURES ARE A LOT UNDER.
SO THEY'RE, THEY'RE DOING OKAY.
UM, AND THEY, THEY DO WATCH THAT AND WE WATCH THAT AS WELL EVERY MONTH TO MAKE SURE THAT THEY'RE, THEY'RE STILL IN A BALANCED POSITION.
WHAT ABOUT, UH, INFILTRATION AND, AND THOSE KIND OF THINGS THAT, THAT DRIVES UP OUR COST ON WATER TREATING.
NOW YOU'RE GONNA HAVE TO ADDRESS THAT TO THE WATER FOLKS.
I'LL GIVE, I'LL DEAL WITH THAT LATER.
LET ME JUST, UM, HERE, UH, COUNCIL MC, KEN, UH, THANK YOU.
UH, REAL QUICK, IF YOU, LINDSEY, IF YOU GO TO GENERAL IMPROVEMENTS ON YOUR, ON YOUR PRESENTATION SO WE CAN, UH, PAGE 10 RIGHT THERE.
FIRE, I HAD A QUESTION I BRIEFLY ASKED THE CITY MANAGER, AND YOU KNOW, THE FIRE STATION IS ONE OF MY BABIES.
I REALLY WANT TO MAKE SURE THAT WE NEVER AND DON'T OVERLOOK, UH, YOU HAVE FIRE 1.1 MILLION NOW WHAT IS THAT? IS THAT OKAY? THAT IS JUST FOR A FIRE TRUCK THERE.
THE FIRE FACILITY IS IN WITH CITY FACILITIES.
AND IF YOU GO TO YOUR, YOUR BIG, YOUR OTHER REPORT, WHICH IS THE LARGER REPORT, IT WILL GIVE YOU THE DETAILS.
IF YOU LOOK ON, UM, I'M SORRY, I DON'T HAVE MY PAGE NUMBERS ON THAT.
WE WE'RE TALKING ABOUT THE ANNUAL, WE TALKING ABOUT THIS? YES.
I'M TALKING ABOUT THE OTHER REPORT.
IF YOU GO TO THAT AND WHAT, WHAT PAGE CAN YOU
[00:40:01]
MY MINE IS NOT PAGE NUMBERED.NO, I DON'T HAVE THE PAGE NUMBER.
LET'S SEE IF YOU SKIP BACK TO PAST THE STREET SECTION.
UH, COUNCILMAN FRANK STATED PAST THE STREET, THE NEXT PAGE, PAST THE STREET SECTION.
BECAUSE I'VE BEEN, YOU SEE AT THE BOTTOM OF THE PAGE CITY FACILITIES AND THAT LISTS EACH FACILITY THERE.
AND THE AMOUNT BUDGET AND THE AMOUNT SPENT.
BECAUSE I, I REALLY WANT THAT TO HAPPEN.
I'VE BEEN TALKING WITH THE CITY MANAGER, THAT'S HIS BABY TOO.
SO, UH, AS LONG AS WE MAKE SURE THAT WE HAVE ACCOUNTABILITY OF IT AND ENSURE THAT MM-HMM.
UH, COUNCILMAN? YEAH, I JUST WANTED, SO, UM, THE FIRE, I'M LOOKING AT PAGE 15.
UH, IT SAYS REPLACE FIRE STATION.
IS THAT, WOULD THAT BE IT? CANDY? I'M ON PAGE.
IT'S UNDER, UNDER CITY FACILITIES.
IT'S UNDER OTHER CAPITAL IMPROVEMENTS.
UM, SIX METERS REPLACED FIRE STATION.
THERE'S REPLACED FIRE STATION AT PORT ACRES.
AND THEN THEY HAD SOME BUDGET MONEY BUDGETING FOR THE FIRE STATION AT THE WEST SIDE.
I DON'T THINK THAT ONE'S HAPPENING, BUT THE PORT ACRES ONE DEFINITELY IS.
UM, AND WHERE WOULD THE CAPITAL IMPROVEMENT, WHERE WOULD, WHERE WOULD THE MONEY BEING SPENT ON THE UM, ON THE PUBLIC HEALTH FACILITY? THE PUBLIC HEALTH FACILITY? UM, LET'S SEE IT BE PREVIOUS PAGE, UM, DOWN AT THE BOTTOM.
I SEE THERE IS SOME MONEY THERE.
THERE'S ALSO SOME MONEY BUDGETED IN A R P AND YOU CAN'T REALLY SEE IT BECAUSE IT'S INCLUDED IN WITH THE RECOVERED, UM, LOSS GOVERNMENT SERVICES.
I BELIEVE, WELL, NO, IT'S, I TAKE THAT BACK.
THERE'S FOUR AND A HALF, THERE'S FOUR AND A HALF MILLION BUDGETED IN, UM, THE, WELL THAT'S FROM THE CERTIFICATES OF OBLIGATION.
UH, CITY MA, UH, WE'VE REFERENCED TO, UM, TWO CONCERNS THAT HAS BEEN BROUGHT UP.
ONE BY COUNCIL MEMBER LEWIS, UM, BE LOUIS.
UM, YES, WE HAVE HAD, IN THE PAST, WE HAVE CONTINUED TO MONITOR THE AMOUNT OF SALES TAX WORKING COLLABORATIVELY WITH THE EDC.
UM, BECAUSE THERE IS A COMPANY THAT THE EDC HAD HIRED TO MAKE SURE THAT THE SALES TAX, THAT WE ARE ON POINT WITH THOSE.
AND THE INFORMATION HAS ALWAYS BEEN SHARED WITH THE CITY, YOU KNOW, UM, BUT AS KANDY CORRECTLY STATED, WE HAVE NOT DONE IT ON OUR OWN, BUT WE HAVE SHARED THAT INFORMATION IN THE PAST AND, UM, I LOOK FORWARD TO CONTINUE TO DO THAT AS WELL BECAUSE THAT KEEPS US ON POINT AS TO WHO IS THE DELINQUENT AND WHO IS NOT, UH, WHO, OR WHICH NEW BUSINESSES HAVE ENTERED THE CITY, UM, UM, LIMITS AND IS NOT PAYING THEIR FAIR SHARE OF SALES TAX SO THAT WE COULD DO AN AUDIT AND, UH, MAKE SURE THAT WE DO GET OUR FAIR SHARE OF IT.
ON THE SECOND CONCERN OF THE, UM, FIRE STATION, UM, WE HAVE NOT GOTTEN THERE AS YET WITH THE FIRE STATION ON THE WEST SIDE BECAUSE OF THE FACT THAT, UM, WE HAVE DEVELOPED THE ARCHITECTURAL DRAWINGS THAT WE ARE GOING TO USE FOR BOTH FIRE STATIONS IN THE PORT ACRES AREA.
AND ON THE WEST SIDE, WE ARE GETTING TO THE PRELIMINARY STUDIES AS TO SITE LOCATION, UM, FOR THE WEST SIDE FIRE STATION.
BUT WE HAVE HAD THE COMMUNITY MEETINGS THAT WAS NEEDED FOR THE FIRE STATION IN PORT ACRES.
AND WE ARE MOVING, UM, FAST AHEAD WITH THOSE TO MAKE SURE THAT WE GET TO THE BIDDING OF IT.
AND THAT'S WHERE WE ARE FOR, UM, THE SELECTION OF A GENERAL CONTRACTOR, MAKING SURE THAT OUR, UM, BUDGET IS VERY MUCH ALIGNED WITH, UM, THE, THE CONSTRUCTION OF THE FIRE STATION.
SO THAT'S WHERE, THAT'S WHERE WE ARE.
UH, COUNCILMAN LEWIS, UH, CITY MANAGER.
THIS, THIS WOULD PROBABLY BE BETTER FOR THE CITY MANAGER.
WE GOT HUNDREDS AND THOUSANDS OF ABANDONED HOUSES THAT WE, WE'VE DEMOLISHED.
I NEED TO KNOW, ARE THE WATER, ARE THE SEWER LINES CAPPED, CAPPED OFF? CAUSE IF, IF THE SEWER LINES ARE NOT CAPPED IMMEDIATELY WHEN YOU TEAR THESE STRUCTURES DOWN, WE GONNA
[00:45:01]
HAVE INFILTRATION WATER'S GETTING INTO THE SEWER SYSTEM AND WE GONNA HAVE TO TREAT ALL THAT STUFF.SO DO YOU, UH, YOU GOT AN UP TO DATE AUDIT ON THAT? THAT IS PART OF THE DUE DILIGENCE THAT WE NORMALLY DO.
UM, APART FROM ENSURING THAT THE ELEC ELECTRICAL SUPPLY, THE GAS SUPPLY AND THE WATER SUPPLY IS TAPPED OFF, WE MAKE SURE THAT THE SEWER LINE IS TAPPED OFF AS PART OF THE DUE DILIGENCE EVEN BEFORE WE BEGIN, UM, DEMOLITION OF THE STRUCTURE.
MS. DANIELS CITY MANAGER, I WANTED TO ASK THE QUESTION, UM, AND I, I THINK, I GUESS THIS WOULD BE THE APPROPRIATE TIME TO ASK BECAUSE WE'RE LOOKING FORWARD.
DO WE HAVE A SCHEDULE FOR THE PRESENTATIONS OF OUR BUDGET AND OUR BUDGET PLANNING? CAN YOU GIVE THAT TO US? I DO HAVE A MEMO.
I DO HAVE A MEMO THAT I HAVE PREPARED FOR COUNCIL, WHICH I WILL CIRCULATE AT THE END OF THIS COUNCIL MEETING.
THANK YOU MS. DANIEL, I ASK SOME QUESTIONS.
CAUSE WE DON'T HAVE EVERYTHING SET UP, BUT WHENEVER YOU GOING TO JUST PUNCH THAT LIGHT NOW, KNOW.
COUNCILWOMAN BECKHAM, NICE TO MEET YOU.
UH, THANK YOU FOR YOUR REPORT.
I THINK I, I MAY HAVE ANSWERED MY QUESTION BY LOOKING AT THE DETAILED REPORT THAT YOU GAVE US, BUT I JUST WANTED TO CONFIRM A COUPLE OF THINGS.
UM, IS THERE ANY OVERLAP BETWEEN PARKS AND RECREATION AND PLEASURE ISLAND WHEN IT COMES TO THE NEW THINGS THAT ARE BEING DONE ON PLEASURE ISLAND? OR IS THAT STRICTLY IN THEIR BUDGET? UM, IF IT'S ON PLEASURE ISLAND, IT'S LISTED WITH PLEASURE ISLAND.
EVEN THOUGH IT'S A PARKS PROJECT, THE OTHER PARKS, UH, AND RECREATION PROJECTS OR IN OTHER PARTS OF THE CITY.
BUT EVERYTHING RELATED TO PLEASURE ISLAND IS LISTED WITH PLEASURE ISLAND.
AND THE REASON I ASK THAT IS WHEN YOU LOOK AT THE DETAILED UNDER PARKS AND RECREATION RENOVATIONS, IT DOES HAVE ALL OF THOSE DIFFERENT THINGS LISTED OUT.
RIGHT? IT'S JUST AT DIFFERENT PARKS THROUGHOUT THE CITY EXCLUDING PLEASURE ISLAND.
SINCE IT'S AN ENTERPRISE FUND, WE LIST IT SEPARATE WITH THEM.
SO WHEN WE LOOK AT THE DETAIL FOR PLEASURE ISLAND, WHERE IT SAYS PARKS, THERE'S NO DETAIL UNDER THAT, BUT I'M ASSUMING THAT'S GONNA BE THE THINGS THAT YOU MENTIONED.
THE DISC GOLF COURSE, THE PLAYSCAPE, AND THEN THE, THE NEW PLAYGROUND THAT'S GOING UP.
ALRIGHT, NOW, ANY OTHER DISCUSSIONS? OKAY.
THANK YOU MS. DANIELS FOR YOUR REPORT.
[III.B.(4) A Presentation By The City Secretary Regarding the Authority to Swear In An Appointee To The EDC Board of Directors (Requested By Councilmember Lewis)]
WE HAVE A PRESENTATION BY THE CITY SECRETARY REGARDING THE AUTHORITY TO SWEAR IN AND APPOINTEE TO THE EDC BOARD OF DIRECTORS REQUESTED BY COUNCILMAN LEWIS.UM, PLEASE REFERENCE THE LOCAL GOVERNMENT CODE ON THE SCREEN ON JUNE THE 20TH, 2023 AT A REGULAR MEETING OF THE CITY COUNCIL.
THE MOTION TO ADOPT PROPOSED RESOLUTION NUMBER 2 3 2 1 9 FAILED BY A ROLL CALL VOTE OF FIVE NO VOTES AND ONE YES VOTES ACCORDING TO THE TEXAS LOCAL GOVERNMENT CODE, AS YOU SEE ON THE SCREEN, CHAPTER 5 0 4 SUBCHAPTER B GOVERNANCE OF CORPORATION SECTION 5 0 4 0.051 BOARD OF DIRECTORS.
I HAVE NO AUTHORITY TO MOVE FORWARD.
UH, COUNCILMAN, UH, SHARON DOUCETTE.
I'VE READ 5 0 4 THE SAME STATEMENT YOU PLACED UP THERE.
IT SAYS THE BOARD OF DIRECTORS APPOINTED BY THE GOVERNING BODY OF THE AUTHORIZING MUNICIPALITY.
THAT MEANS THE COUNCIL, WHAT IT STATES IS THAT THE PEOPLE THAT ARE APPOINTED ARE APPOINTED BY THE COUNCIL.
WHEN THEY ESTABLISHED THE TYPE A ECONOMIC DEVELOPMENT CORPORATION IN THE CITY OF PORT ARTHUR, THEY DECIDED THAT RATHER THAN HAVING THE GOVERN BODY TO APPOINT THEM AS A WHOLE, THEY DECIDE TO LET EACH COUNCIL MEMBER A APPOINT AN INDIVIDUAL THAT WILL CORRESPOND TO THE SEAT
[00:50:01]
OF COUNSEL.THAT MEANS THAT WHEN EACH ONE OF US APPOINT A PERSON TO THE EDC, THAT BOARD IS NOW APPOINTED BY THIS GOVERNING BODY.
IT IS THE GOVERNING BODY THAT LAW SAYS WE APPOINT THEM.
IT DON'T TELL US HOW TO APPOINT THEM.
SO IF THE CITY CHOSE TO DO IT INDIVIDUALLY, THEN IT'S THE SAME AS THAT LAW STATES.
ONCE THEY SET UP THE E D C BYLAWS STATES THAT EACH COUNCIL MEMBER WILL APPOINT A PERSON TO CORRESPOND WITH THE SEAT.
IT DOESN'T SAY APPROVED BY COUNCIL.
THE BYLAW SAYS APPOINT, I'M READING THIS LAW YOU JUST PUT UP.
IT SAYS APPOINT NOTHING SAYS APPROVE.
SO WHEN A COUNCIL MEMBER APPOINTS AN INDIVIDUAL TO THE E D C THAT IS FOLLOWING THAT LOCAL GOVERNMENT CODE.
SO THERE SHOULD NOT BE A QUESTION ABOUT IT.
NOW, I'M NOT AN ATTORNEY, NOR AM I, SIR.
BUT, BUT I DO NOT NEED TO BE AN ATTORNEY TO ACTUALLY COMPREHEND WHAT IT SAYS.
IT SAYS APPOINT THE BYLAW SAYS APPOINT.
SO IF YOU REFER TO A VOTE THAT SAYS NO AND YOU REFERENCING THIS, THAT'S NOT THE CASE.
THIS SAYS APPOINT AND WE ARE APPOINTED.
ONCE WE APPOINT INDIVIDUALLY, WE HAVE BEEN APPOINTED BY THIS GOVERNING BODY.
THEY SAYS APPOINT, DON'T SAY HOW WE ELECTED TO DO IT INDIVIDUALLY.
THEREFORE, LET'S NOT READ INTO THIS IF WE'RE GONNA READ THE LAW, YOU JUST PLACED IT.
THE LOCAL GOVERNMENT CODE IS THERE.
UM, YOU KNOW, WE ALL HAVE OUR DIFFERENT, UH, OPINIONS AND, AND INTERPRETATIONS, BUT IF I READ THE SAME THING THAT COUNCILMAN ETT IS SAYING BY THE BOARD OF DIRECTORS, ACTUALLY THEY DON'T, UH, APPOINT ANYTHING THIS COUNCIL DOES WHEN WE HAVE AN APPOINTMENT.
SO MY INTERPRETATION, EXACTLY WHAT YOU STATED AND GETTING, UH, ADVICE FROM OUR ATTORNEY, UH, WITH THIS DETAIL, BECAUSE WE'VE BEEN TALKING ABOUT THIS FOR A WHILE, AT LEAST TWO WEEKS.
AND MY INTERPRETATION, THE BOARD OF DIRECTORS OF THE EDC DOESN'T APPOINT ANYTHING.
IT'S THE COUNCIL MEMBER DOES AND ME READING IN THE 5 0 4 AND GET MY OWN INTERPRETATION OF IT, YOU KNOW, ONCE A COUNCIL MEMBER.
BUT IF WE GO TO THE STATE STATUTE, IT SAYS THAT THE ENTIRE COUNCIL HAS THE ABILITY TO MAKE THAT DECISION.
SO WITHOUT HAVING THESE PERSONAL AND INDIVIDUAL INTERPRETATIONS THAT OUR CITY ATTORNEY HAS ADVISED US, IF YOU WOULD JUST SPEAK UP AND MAKE SURE THAT IT'S A CLEAR DECIS INFORMATION ON THIS 5 0 4.
JUST LIKE I'VE ASKED YOU IN THE PAST, YOU KNOW, ATTORNEY, WE DO.
SO YOU DON'T HAVE TO BE AN ATTORNEY TO BE IN HERE TO MAKE YOUR OWN INTERPRETATION.
SO CAN YOU, YOU KNOW, PUT THIS TO BED.
JUST, JUST, JUST, JUST A MOMENT.
IF WE GOING TO ALLOW YOU, YOUR ATTORNEYS TO BE COUNCILMAN FRANK.
UM, AGAIN, UM, WE HAVE LOOKED AT THIS, UM, THE PREVIOUS COUNCIL, UM, MEMBERS OF THE COUNCIL AS WE DELIBERATED AND AS WE TALKED ABOUT IT, ONE OF THE CONSIDERATIONS THAT WE HAD AT THAT PARTICULAR TIME, BECAUSE WE ALL HAVE VARYING OPINIONS AND WE ALL HAVE DIFFERENT UNDERSTANDINGS OF COURSE.
AND SO WHAT WE, UH, HAD DECIDED TO DO, UH, IN DISCUSSION AS WELL, WAS TO GET AN ATTORNEY GENERAL'S OPINION.
UH, AND SO, UM, AS WE WERE DEFERRING, WE TALKED TO OUR ATTORNEY ABOUT THAT AS WELL.
UH, BUT, UH, IT IS MY UNDERSTANDING PERSONALLY AS WELL THAT WE DO NOT DEFER TO THE EDC, BUT RATHER THE EDC DEFERS TO US AS THE AUTHORIZING UH, ENTITY.
UM, IT HAS BEEN, IT HAS BEEN THE, UM, CUSTOM OF THE COUNCIL, UH, AND PURELY A CUSTOM TO ACCEPT THE RECOMMENDATION OF EACH COUNCIL MEMBER.
[00:55:01]
LEWIS DID MAKE THAT RECOMMENDATION, UH, WE DID VOTE, UH, ON THAT, ON THAT INDIVIDUAL BECAUSE THE COUNCIL, UH, WAS AWARE OF SOME SITUATIONS AND SOME CIRCUMSTANCES THAT I WILL NOT, UH, DISCUSS, UH, HERE NOW, UH, BECAUSE I DON'T KNOW IF THOSE SITUATIONS HAVE BEEN, UH, CLEARED UP OR WHERE THEY ARE AT THIS PARTICULAR TIME.BUT WE WERE AWARE OF SOME SITUATIONS, UH, THAT PLACED THE CITY AT RISK AS A COUNCIL, AND WE ACTED, UH, IN ACCORDANCE WITH THAT INFORMATION TO DO WHAT WAS IN THE BEST INTEREST OF OUR CITY.
IT WAS NOT A PERSONAL, UM, UH, ACT AGAINST THE COUNCIL MEMBER.
WE SIMPLY HAD INFORMATION WHICH HE DID NOT HAVE, WHICH WAS SHARED WITH HIM, UH, AFTER, UH, THAT HAPPENED AND OCCURRED.
AND SO HE HAS BEEN MADE AWARE OF THAT.
NOW HE KNEW, UM, WHAT THOSE EXTENUATING CIRCUMSTANCES WERE AND WHY, UH, WE CAST THAT VOTE AGAIN.
IT HAS BEEN THE CUSTOM OF THE COUNCIL TO ACCEPT THOSE RECOMMENDATIONS.
AND WE ARE NOT TRYING TO IN ANY WAY, AND WE WERE NOT IN ANY WAY TRYING TO ELIMINATE, UM, THE DESIRE OF THAT COUNCIL MEMBER TO HAVE SOMEONE REPRESENT HIM, UH, IN THE EDC IN THE BEST MANNER IN WHICH HE THOUGHT IT WOULD.
WE SIMPLY HAD MORE INFORMATION REGARDING THAT.
UM, YES, WE'VE HAD A LOT OF QUESTIONS ABOUT THIS.
SO I WANTED TO KIND OF GO BACK.
WHEN WE ORIGINALLY TALKED ABOUT THIS IN 2018, THE EDC BYLAWS WERE CHANGED UPON A RECOMMENDATION FROM THE EDC.
THEY HAD A COMMITTEE TO GET TOGETHER AND THEY MADE SOME CHANGES TO THE BYLAWS.
WE MADE SOME OTHER CHANGES A LITTLE BIT LATER, I THINK 2020 OR 2021, BUT IT WASN'T GERMANE TO THIS PARTICULAR ISSUE.
THE EDC BYLAWS HAVE ALWAYS BASICALLY BEEN CONSISTENT WITH STATE LAW.
WHAT DOES STATE LAW SAYS? THE, IN ESSENCE STATE LAW SAYS THAT THE CITY COUNCIL COMPLETELY CONTROLS THE EDC PERIOD.
YOU CAN GO TO THE COMPTROLLER'S WEBSITE, YOU CAN GO TO ANY LAWYER THAT REPRESENTS CITIES AND MUNICIPALITIES.
THE EDC IS CONTROLLED BY THE COUNCIL.
NOW, WHAT WE DID WAS, IN 2018, UH, WE HAD A LOT OF DIFFERENT CHANGES TO BOARDS.
AND ON A LOT OF OUR BOARDS, WE WOULD SAY, UM, YOU KNOW, WE WANTED COUNCIL MEMBERS TO BE ABLE TO HAVE THAT ABILITY TO PUT SOMEBODY THAT THEY WANTED ON.
SO IN THE BYLAWS, THE EDC BOARD VOTED TO AMEND THEIR BYLAWS, AND THEY HAD THE RECOMMENDATION THAT THE COUNCIL, THE, THE EDC BOARD WOULD, WOULD BE, UH, A MIRROR OF THE COUNCIL.
AND THAT EACH COUNCIL MEMBER COULD APPOINT THEIR OWN PERSON THAT'S IN THE EDC BYLAWS.
AND THOSE BYLAWS WERE APPROVED, AND WE'VE ALWAYS GONE BY THAT PROCESS, YOU KNOW, RESPECTED WHAT THEY SAID INSTEAD OF HAVING IT WHERE IT HAD TO, EVERYBODY HAD TO COME TO AGREEMENT FOR A NAME.
AND WE DID THAT FOR SEVERAL DIFFERENT BOARDS.
YOU KNOW, UH, BEAUTIFICATION YOU MIGHT PUT ON TWO PEOPLE OR, OR, OR ALL THE DIFFERENT BOARDS, COUNCIL MEMBERS.
BUT THERE'S, THERE'S SOME THINGS THAT NEED TO BE CLEARED UP.
THE EDC BYLAWS ARE BYLAWS OF THAT ENTITY THAT THEY APPROVE.
NOW, SOME OF THE CONFUSION MAY LINE THE FACT THAT WE'VE ALWAYS RESPECTED THAT PROCESS, AND THAT IS THE PRACTICE AND THE PROCESS WE'VE HAD.
AND SO WHEN QUESTIONS WERE POSED, THE QUESTIONS WERE PO WHAT DO THE BYLAWS SAY? THEY ARE THE EDCS BYLAWS.
THEY'RE NOT THE CITY'S BYLAWS, BUT WE HAVE FOLLOWED THAT PRACTICE.
WE'VE GIVEN EVERYBODY THAT AUTONOMY TO DO SO.
BUT WHEN THE ITEM WAS VOTED UPON AND THE COUNCIL VOTED NO, THERE'S NOTHING IN A NONPROFIT ORGANIZATION'S BYLAWS THAT ARE GONNA OVERRIDE THE AUTHORITY THAT IS GIVEN TO THE CITY COUNCIL BY THE STATE.
5 0 4 OF THE GOVERNMENT CODE SAYS THAT THE COUNCIL HAS THE FINAL SAY.
NOW, ONE OF THE THINGS THAT I WOULD LIKE TO REQUEST IS THAT, YOU KNOW, WE HAVE NEW PEOPLE ON, WE'VE HAD ALSO A LOT OF DIFFERENT ISSUES COME UP ON A MYRIAD OF TOPICS.
AND WHAT I WOULD LIKE TO REQUEST OF THE COUNCIL IS THAT WE HAVE A COUPLE OF WORKSHOPS AND, UM, GO BACK OVER SOME OF THESE RULES.
WE HAD A VERY, VERY GOOD WORKSHOP, UH, MAYBE A YEAR OR TWO AGO.
CAN'T REMEMBER WHERE WE WENT THROUGH ALL OF THE CAN AND CANNOTS OF WHAT AN EDC CAN DO.
CUZ I THINK THERE'S, THERE'S SOME CONFUSION.
SOMETIMES SOME, IF YOU SEE THE, HOW THE LEGISLATURE OPERATES SOMETIMES AS, AS WORDING IS BEING PUT IN, IT MIGHT NOT MAKE AS MUCH SENSE TO SOMEBODY READING IT AND YOU, YOU KNOW, YOU NEED TO MAKE SURE YOU GET AN INTERPRETATION.
WHAT I WOULD ASK IS THAT WE HAVE A WORKSHOP THAT WE HAVE, UM,
[01:00:01]
SOMEONE WHO IS, UH, LIKE THE E D C ATTORNEY WOULD BE MY RECOMMENDATION TO GO THROUGH THE STATUTE, EXPLAIN WHAT THE STATUTE MEANS, AND EXPLAIN HOW THE BYLAWS INTERACT WITH THE STATUTE.YES, IN THE BYLAWS, WE AGREED TO DO THAT, BUT THE BYLAWS DO NOT GOVERN THE AUTHORITY OF THE COUNCIL, AND THE COUNCIL CAN OVERRIDE IT.
THIS IS THE FIRST TIME THAT THAT HAS EVER HAPPENED SINCE 2018.
EVERY TIME SOMEONE SAID, HEY, I WANNA PUT SOMEBODY ON, EVERYBODY RESPECTED THAT AND SAID YES.
BUT THE ANSWER THIS TIME WAS NO.
AND THERE IS NO LAW THAT OVERRIDES THE COUNCIL'S ABILITY TO SAY, NO.
THE COUNCIL IS THE BUCK STOPS HERE ON ALL MATTERS AFFECTING THE COUNCIL.
SO INSTEAD OF US GETTING INTO A DEBATE ABOUT WHAT THE LAW WOULD MEAN, I WOULD ASK THAT WE HAVE A WORKSHOP, EVERYBODY PUT ALL THEIR QUESTIONS TOGETHER AND, AND HEAR IT AND BE ABLE TO MAKE CERTAIN THAT WE, YOU KNOW, PUT OUR POLICIES IN PLACE IN A MANNER THAT WE CAN LIVE WITH.
BUT 5 0 4, LET ALL AUTHORITY TO THE CITY COUNCIL.
AND IN THIS CASE, WHEN THAT RESOLUTION FAILED, COUNCIL HAD THAT AUTHORITY.
OKAY, I'M FOR THE WORKSHOP, BUT WE GONNA GET SOMEBODY IN THAT KNOWS 5 0 4.
IT'S OBVIOUS THAT, UH, SOMEBODY DON'T UNDERSTAND IT OR HAVEN'T READ IT BECAUSE THE ECONOMIC DEVELOPMENT CORPORATION IS A NONPROFIT 5 0 1 3 C NONPROFIT ORGANIZATION.
IT IS GOVERNED, IT IS GOVERNED BY THE STATE LOCAL GOVERNMENT.
CODE 5 0 4 IS GOVERNED BY 5 0 4, NOT THE CITY.
EVERYTHING THEY DO IN AGREEMENTS AND CONTRACT MUST BE APPROVED BY THIS COUNCIL.
THAT ECONOMIC DEVELOPMENT CORPORATION IS ACCOUNTABLE TO THIS COUNCIL.
THIS COUNCIL OVERSEES THAT ECONOMIC DEVELOPMENT CORPORATION.
HOWEVER, IT IS GOVERNED BY 5 0 4, NOT THE COUNCIL.
SO THEREFORE, WHAT WE'RE GOING TO DO IS I ASK THAT NOT, WE NOT HAVE A WORKSHOP, WE GET SOMEBODY FROM TML WHO UNDERSTANDS 5 0 4.
SO WHEN WE GO OVER 5 0 4, THEY'LL GET THE COMPLETE UNDERSTANDING ON HOW WE WORK TOGETHER AND WHO GOVERNS WHO BECAUSE WE DON'T.
CAN I RESPOND? MAYOR, JUST A MINUTE.
COUNCILMAN BECKHAM? THANK YOU, MAYOR.
UH, COUNCIL MEMBER FRANKS MENTIONED THAT AN ATTORNEY GENERAL OPINION WAS REQUESTED.
HAS, HAS THAT HAPPENED OR HAVE WE RECEIVED IT? UH, COUNSEL WOULD HAVE TO DIRECT ME TO DO THAT.
WE CAN ALWAYS GET AN AG OPINION.
IT WOULD, MIGHT TAKE A LITTLE WHILE I HAVE.
UM, BUT THAT IS A CONSIDERATION AS WELL.
THAT YOU CAN GET AN AG OPINION.
BUT I, I, I, SINCE MARY, IF IT'S OKAY, CAN I SAY I, I KIND OF JUMPED IN.
BUT I WOULD RECOMMEND A WORKSHOP.
WE WENT OVER THIS AND WE, WE, WE NEED TO GO OVER IT AGAIN SO YOU CAN UNDERSTAND WHAT THE AUTHORITY IS AND THEN WE ARE HERE TO ADVISE.
YOU CAN TAKE THE ADVICE OR NOT TAKE THE ADVICE.
I'M VERY VERSED ON MANY AREAS OF MUNICIPAL LAW, BUT I DO RECOMMEND ALSO THAT YOU GET THE EDCS ATTORNEY INVOLVED IN IT AS WELL.
YOU CAN GET ANY LAWYER YOU WANT, BUT, UH, AND I'M, I'M FINE WITH THAT.
COUNCILMAN UH, LEWIS, YOU KNOW, THE LAW IS CLEAR.
THE, THERE'S NOTHING AMBIGUOUS ABOUT THIS.
IT IS CLEAR A TWO YEAR OLD CAN READ THIS AND, AND FOLLOW THE INSTRUCTION.
NOW, CITY, A CITY, I MEAN, UH, CITY SECRETARY ON JUNE THE 28TH, JUNE THE 23RD.
COUNCILMAN, WOULD YOU NOT DEFER DIRECTLY TO HER? SHE'S DONE.
WE, WE ARE BASICALLY HAVING A DISCUSSION AND I THINK CITY, CITY, CITY, I'M, I'M JUST ASKING IF YOU WOULD CONSIDER THAT, SIR, WAIT A MINUTE.
I'M TALKING TO HER FROM HER EMAIL.
RIGHT, THIS IS HER PRESENTATION.
JUNE THE 23RD, YOU SAID YOU HAD A CONFIDENTIAL MEMO? YES, SIR.
A CONFIDENTIAL MEMO THAT YOU FOLLOWED.
AND THEN, AND JUNE THE 28TH, YOU SWITCHED.
I DON'T NECESSARILY HAVE TO HAVE A COPY.
[01:05:01]
I WANNA KNOW WHERE IT CAME FROM.YOU DIDN'T, YOU NO LONGER, YOU NO LONGER MENTION IN YOUR EMAIL ABOUT THE CONFIDENTIAL MEMO, UM, THE CONFIDENTIAL MEMO THAT YOU WAS REFERRING TO.
THEN YOU SAID IT, IT IS YOUR POSITION.
YOU SPEAK ABOUT YOUR POSITION.
NOW, WHERE DO YOU GET A POSITION OF VETO COUNSEL DECISIONS? THE, YOU DON'T, YOU DON'T HAVE THAT POSITION.
THE GOVERNMENT EMBODIED 5 0 4.
CITY OF POOT IS A HOME RULE CITY ON LOCAL CODE GIVES THE CITY THE RIGHT TO SET UP, SET UP THE, UH, THE CORPORATION.
AND HOW YOU GONNA PROCEED FROM THERE? ON, ON, ON.
CONSTITUTING, CONSTITUTING IT.
THEY WENT, THEY PUT THE, IN THE BYLAWS.
NOW I'M HEARING HERE TALKING ABOUT THE, THE 5 0 4 OH UH, SUPERSEDES THE, UH, THE BYLAWS? NO.
EVERYTHING THAT EDC PUT IN PLACE.
THE ARTICLE, THE ARTICLE OF INCORPORATION, EVERYTHING, THE BYLAWS HAS TO BE APPROVED BY COUNCIL.
AND IF COUNCIL WANNA MAKE ANY CHANGES, NOT TO ACCEPT WHAT'S IN THE BYLAWS, THEY GOTTA GO DOWN THE EDC TO BE APPROVED.
WE, WE, WE DON'T HAVE CONTROL OF EDC LIKE THAT.
EVERYTHING THAT WE DO UP HERE HAS TO BE APPROVED BY EDC.
EVERYTHING THAT EDC DOES HAS TO BE APPROVED BY THE CITY COUNCIL.
NOW, WHERE Y'ALL MAKING UP THIS STUFF FROM? I DON'T KNOW.
WE'RE GETTING OFF OF THE SUBJECT.
YOU WERE ASKING HER A QUESTION ABOUT A, UH, SHE, LET'S, LET'S, SHE AGREED WITH ME ON LET'S, LET'S STAY WITH THAT PLEASE.
LET HER I GIVE HER, GIVE HER A CHANCE TO ANSWER.
THE ONE OF MY QUESTIONS, WE THANK YOUR POINT.
WHAT'S THE NEXT QUESTION, SIR? THE NEXT QUESTION IS WHY DID YOU, ON JUNE THE 28TH, SAME IN YOUR EMAIL, YOU NO LONGER MENTION ABOUT THE, THE CONFIDENTIAL ME MEMO AND YOU SAY THAT IN JUNE 28TH, IT'S YOUR POSITION.
THE FIRST EMAIL STATED THAT I REQUESTED IN WRITING EVERYTHING REGARDING THE QUESTIONS BEHIND THIS RESOLUTION.
ONCE I RECEIVED IT, IT, THIS IS MY POSITION THAT LOCAL GOVERNMENT CODE SUPERSEDES THE BYLAWS.
I DIDN'T HAVE TO MENTION THE CONFIDENTIAL MEMO BASED ON WHAT? 5 0 4
PLEASE ACCEPT THAT, COUNCILMAN.
WHY DON'T WE JUST GO ALONG WITH WHAT WE STATED EARLIER, MAY, UH, DO THE WORKSHOP AND GET SOMEBODY IN BECAUSE RIGHT NOW WE'VE BEEN BEATING THIS BAD HORSE TO DEATH.
AND, AND, AND BRIEFLY, CITY ATTORNEY.
THE REASON I, THE REASON I WANT WAIT MINUTE.
COUNCILMAN DOUCETTE WAS STILL SPEAKING.
I MADE A MOTION THAT WE, OKAY.
I'M NOT SURE IF, IF, IF, IF, IF WE ASK ON YOUR POINT, WHOEVER, I UNDERSTAND WHAT YOU STOOD.
IF I'M GOING TO ASK THAT, WE TERMINATE, I NEED TO VOTE OF THE COUNCIL.
I JUST CAN'T SAY WE GOING MOVE ON.
UH, MAYOR, MAY I RESPOND? IF YOU DON'T MIND, GO AHEAD.
WE'RE NOT POSTED FOR ANYONE TO VOTE, BUT WE UNDERSTAND WHAT COUNSEL IS ASKING AND WE'LL GET ON IT RIGHT AWAY AND GET IN A WORKSHOP AND GETTING SOME PEOPLE IN HERE TO ANSWER ALL THE QUESTIONS YOU HAVE.
COUNCILMAN LEWIS? COUNCILWOMAN? UH, HAMILTON, I WAS PUTTING ON MY LIGHT TO SECOND YOUR MOTION SO WE COULD MOVE ON.
THERE'S NOT POSTED HOWEVER, FACTS, IS IT REQUIRED? YOU CAN'T VOTE FOR US TO VOTE ON A POINT.
DO WE HAVE TO DO THAT? YOU'RE NOT POSTED WHERE YOU CAN VOTE.
THIS IS A PRESENTATION, BUT WE UNDERSTAND WHAT COUNSEL WANTS.
IT'S NOT PRE, IT'S NOT FOR ACTION.
YOU ALWAYS HAVE TO POST IF YOU'RE GONNA TAKE ACTION.
BUT WE KNOW WHAT YOU WANT AND WE'RE GONNA MOVE FORWARD AND GETTING THAT DONE RIGHT AWAY.
YOU WANT SOME SPEAKERS TO COME IN HERE AND GO THROUGH IT? YOU WANT MORE THAN ONE PERSON THAT'S AN EXPERT.
UH, NOW WE'LL, WE'LL, UH, COUNCILMAN IS THAT ANSWER? OKAY.
COUNCILMAN LEWIS, ARE YOU OKAY WITH THAT? THE REASON I WANT TML PRESENT, I DIDN'T WANT TO GO INTO HOLD, HOLD, HOLD.
YOU TALKING ABOUT TML OR YOU TALKING SOMETHING DIFFERENT NOW? NO, WE TALK CITY ATTORNEY.
[01:10:01]
WHAT I'M TRYING TO DO IS HEAD OFF BY INVOLVING OUR, OUR INSURANCE AND LIABILITY PEOPLE.I'M TRYING TO HEAD OFF A POTENTIAL LITIGATION AGAINST INDIVIDUAL COUNCILMEN AND, AND, AND STAFF.
THAT'S WHAT I'M TRYING TO HEAD OFF.
I UNDERSTAND WHAT YOU'RE, AND YOU FULLY UNDERSTAND WHAT I'M, WHAT I'M HEADING.
TML HAS SOME ATTORNEYS AS WELL, SO I UNDERSTAND WHAT YOU'RE ASKING FOR.
I UNDERSTAND THE ASSIGNMENT BECAUSE THAT, THAT THAT VOTE, WHAT THEY TOOK IS, IS NOT LEGITIMATE.
IT DOES NOT SAY ANYTHING ABOUT VOTING.
IT DON'T SAY ANYTHING ABOUT VOTING.
AND, AND LET ME SHARE WITH THIS, AND I'M GONNA BE THROUGH TML HAVE PULLED THE LIABILITY INSURANCE FROM, FROM A CITY COUNCIL BEFORE THEY, AND THEY'LL DO IT AGAIN.
I MADE 'EM AWARE OF ALL OF THE DETAILS AND THE FACTS WHEN THEY FIRED THE CITY MANAGER.
YOU DON'T WANT, YOU DON'T WANT THINGS TO COME OUT.
WHAT IS POINT, POINT OF ORDER.
COUNCIL CITY, CITY, CITY ATTORNEY.
A WHILE AGO WHEN I SAID POINT OF ORDER, I SAID THAT WE SCHEDULED A WORKSHOP, WE DECIDED TO MOVE ON.
ONCE I DECLARED A POINT OF ORDER, THEN THE CHAIR CHAIR RULES ON IT.
IF THE SPEAKING DOES NOT AGREE, THEY CAN REQUEST A VOTE FROM THE BODY.
SO WHEN I DECLARE THE POINT OF ORDER AND THE, AND THE PRESIDING ALSO AGREES THAT, TERMINATES THAT.
SO LET'S LET, LET'S, LET'S MOVE ON.
AND, AND SO WE, WE ARE GOING TO MOVE TO THE NEXT, NEXT ITEM.
THANK YOU COUNCILMAN DOUCETTE FOR SUPPORTING THAT CLARIFICATION ON THAT.
[III.E.(1) A Discussion Regarding Development And Water Infrastructure Needs]
UH, THE NEXT ITEM THAT WE HAVE IS, UH, I THINK EMPLOYEE RECOGNITION THAT THAT WOULD BE NONE, UH, CORRESPONDENCE.NOW WE ARE IN, UH, SECTION E ON PAGE TWO.
NUMBER ONE, DISCUSSION REGARDING DEVELOPMENT AND WATER INFRASTRUCTURE NEEDS.
UH, I, I, THAT'S NOT MY, THAT'S MY ITEM, UM, MEAL.
UM, WE'VE, WITH, WITH, WITH STAFF.
UM, IN LIGHT OF THE MANY OPPORTUNITIES THAT, UM, CONTINUE TO PRESENT THEMSELVES, BOTH VERBALLY AND IN WRITING TO ME AS YOUR CITY MANAGER, MAYOR, AND COUNCIL, I WOULD LIKE TO TAKE THIS OPPORTUNITY TO ADDRESS THE DEVELOPMENT NEEDS I E THE NEED FOR WATER AND WATER INFRASTRUCTURE DEVELOPMENT AT THIS POINT IN TIME.
JUST LIKE WE ADDRESSED THE MATTER FOR ROADS AND STREETS ABOUT FIVE OR SIX YEARS AGO, THAT WE PAY VERY PARTICULAR ATTENTION TO THE ANTICIPATED NEEDS AND NEW DEMANDS FOR DEVELOPMENT IN THE CITY OF PORTAN.
THOSE CHALLENGES CONTINUE TO PRESENT AN OPPORTUNITY FOR ECONOMIC ENHANCEMENT AND ECONOMIC DEVELOPMENT FOR THE CITY OF PORT ARTHUR.
AND THOSE CHALLENGES WE NEED TO CONTINUE TO BUDGET FOR IN A TIMELY MANNER IN ORDER THAT THE CITY OF PORT ARTHUR IS NOT BYPASSED AND DEVELOPMENT GOES TO ANOTHER MUNICIPALITY.
WE MUST BE PREPARED AS A MUNICIPALITY TO ADDRESS OUR CRUMBLING WATER AND WASTEWATER INFRASTRUCTURE AND TO LET ME ASK DR.
HENEY TO COME PRE TO COME AND MAKE A PRESENTATION TO US, BECAUSE NOT TOO OFTEN WE PAUSE AND CONSIDER THOSE NEEDS.
I DO NOT WANT THE CITY AT THIS POINT TO BE LOOKED AT AS A SECONDARY PLACE FOR DEVELOPMENT, NOT AS A PRIMARY PLACE.
AND SO I WANT TO START THE DISCUSSION THIS MORNING AND TO EMPHASIZE THAT WE CONTINUE TO FOCUS WITH LASER BEAM PRECISION ON OUR WATER AND WASTEWATER INFRASTRUCTURE.
HEINI, GOOD MORNING, UH, MAYOR AND COUNCIL, AND CONGRATULATIONS TO THE NEW COUNCIL MEMBERS ON BOARD.
I'M GONNA GIVE YOU A BRIEF DESCRIPTION OF OUR INFRASTRUCTURE, WHAT IT EXISTS, UH, OF, AND WHAT HAS BEEN COMPLETED IN TERMS OF REHABILITATION AND HOW MUCH IS LEFT TO DO IN ANY MUNICIPALITY.
WHEN IT COMES TO UTILITIES, WATER, AND WASTEWATER, THERE
[01:15:01]
ARE TWO VERY IMPORTANT COMPONENTS.ONE IS THE FACILITY THAT ACTUALLY TREATS THE WATER AND MAKES IT POTABLE AND SEND IT TO THE PEOPLE TO CONSUME FOR PERSONAL USE AS WELL AS BUSINESS AND INDUSTRY.
AND THE SECOND MAJOR COMPONENT IS WHEN THAT WATER IS DISCHARGED OUT OF THESE FACILITIES, WHERE IT GOES TO GET TREATED IN ORDER TO DISCHARGE IT TO OUR WATERWAYS.
SO WHEN YOU DON'T HAVE THESE TWO MAJOR INFRASTRUCTURES IN PLACE IN THE FORMAT AND THE OPERATION THEY SHOULD BE IN.
WHAT COMES IN BETWEEN CANNOT SERVE THE PEOPLE OF THE CITY PROPERLY.
SO THE CITY HAS ALREADY, UH, SPENT ABOUT 130 MILLION ON THE WATER TREATMENT FACILITY ON SOME ELEVATED STORAGE TANKS AND PUMP STATION IN ORDER TO SERVE THE INDUSTRY THAT CAME UP ON THE OTHER SIDE OF THE CHIP CHANNEL IN AROUND 2015, 16.
SO THE WATER TREATMENT PLANT IS IN VERY GOOD CONDITION EXCEPT FOR SOME ELECTRICAL COMPONENTS THAT WE NEED TO UPGRADE AND UPDATE.
AND WE ARE WORKING ON THE ENGINEERING PART OF THAT AT THIS TIME.
WHEN IT COMES TO THE WASTEWATER TREATMENT, UH, PART OF IT, THE CITY OWNS THREE WASTEWATER TREATMENT PLANTS.
WE HAVE THE MAIN PLANT ON, UH, PROCTOR STREET.
WE HAVE A WASTEWATER TREATMENT PLANT IN THE PORT ACRES AREA, AND WE HAVE ONE IN SABINE PASS.
THE MAIN WASTEWATER TREATMENT PLANT HAS BEEN NEEDING REHABILITATION FOR 15 YEARS, TO SAY THE LEAST.
ABOUT A YEAR AGO, WE ENTERED INTO A CONTRACT WITH ALCO TO COMPLETELY REHABILITATE THE WASTEWATER TREATMENT PLANT.
THIS IS A 63 MILLION PROJECT THAT'S UNDERWAY TODAY, AND IT'S GONNA TAKE ABOUT THREE TO FOUR YEARS TO COMPLETE.
SO WHEN YOU LOOK AT THE CAPITAL PROGRAM, UH, NUMBERS FOR UTILITIES, AND YOU SEE THERE IS 60 MILLION PLUS UNSPENT, THE MAJORITY OF THAT MONEY IS FOR THAT WASTEWATER TREATMENT PLANT THAT'S UNDER CONSTRUCTION, UH, TODAY.
NOW, ONCE WE LEAVE THE WATER TREATMENT PLANT, WE HAVE A WATER DISTRIBUTION SYSTEM THAT CONSISTS OF ABOUT 350 MILES OF WATER LINES THAT RANGE IN SIZE FROM TWO INCHES TO 36 INCHES.
THE MAIN TRANSMISSION LINE FROM THE PLANT IS THE 36 INCH LINE.
WE HAVE DONE SOME WORK ON THAT WATER DISTRIBUTION SYSTEM, BUT DEFINITELY NOT ENOUGH.
WE'VE REPLACED ABOUT 20,000 FEET OF IT.
UH, SO FAR WE HAVE 5,000 FEET THAT ARE GETTING BID TODAY, BUT WE HAVE ABOUT 105,000 FEET THAT ARE DESIGNED, READY TO GO OUT FOR BIDS AND CONSTRUCTION.
THE ONLY THING THAT'S HOLDING US BACK FROM RELEASING THAT PROJECT IS IT'S GONNA COST ABOUT 13 MILLION.
ALSO IN THE DISTRIBUTION SYSTEM, WE HAVE 15, UH, STORAGE TANKS.
11 OF THESE TANKS ARE ELEVATED TANKS.
FOUR OF THEM ARE GROUND STORAGE TANKS.
ONE TANK HAS BEEN COMPLETELY REHABILITATED, WHICH IS THE WEST PO ARTHUR TANK.
PROCTOR STREET TANK IS UNDER DESIGN, UH, TODAY.
AND WE HAVE ONE TANK THAT'S GOING TO CONSTRUCTION THAT YOU ALL ALREADY APPROVED, WHICH IS THE ONE ON, UH, RAILROAD AT THOMAS.
SO THE ELEVATED STORAGE TANKS ARE GETTING DONE ONE AT A TIME.
AND WE HAVE ONE THAT WE ARE DESIGNING, LIKE I SAID, ON PROCTOR.
WHEN IT COMES TO THE COLLECTION SYSTEM, IT CONSISTS OF TWO COMPONENTS.
WE HAVE ABOUT 350 MILES OF SANITARY SEWER PIPE, AND WE HAVE 57 SANITARY SEWER LIFT STATIONS.
OUT OF THE 57 SANITARY SEWER LIFT STATIONS, ONLY ONE HAS GONE A COMPLETE REHABILITATION, WHICH IS THE PIONEER STREET LIFT STATION.
WE HAVE 12 LIFT STATIONS THAT WE UPGRADED THE ELECTRICAL COMPONENTS ON THEM COMPLETELY.
WE HAVE, UH, TWO LIFT STATIONS.
WE UPGRADED THE MECHANICAL COM, UH, COMPONENTS ON THEM COMPLETELY.
AND TODAY WE HAVE FIVE SANITARY SEWER LIFT STATIONS THAT ARE BEING DESIGNED IN ORDER TO RECEIVE COMPLETE REHABILITATION.
ON THE SANITARY SEWER, UH, PIPING SIDE, WE HAVE REPLACED ABOUT 47,000 FEET.
70 17,000 FEET IS UNDER CONSTRUCTION TODAY.
[01:20:01]
FEET ARE UNDER DESIGN AND 3,700 FEET.YOU WILL, UH, HOPEFULLY VOTE YES TO MOVE FORWARD ON REPLACING AS WELL, WHICH IS AN ITEM ON THIS, UH, AGENDA.
THAT BEING SAID, ONE OF THE MOST IMPORTANT THINGS WE ARE DOING TODAY IS UPGRADING OVER WATER DISTRIBUTION, UH, MODEL, BECAUSE THE MODEL WAS CREATED IN 2014 15, AND A LOT HAS CHANGED SINCE THEN.
SO WE HAVE A CONTRACT WITH WC TO UPGRADE THIS MODEL.
SO WE UNDERSTAND EXACTLY WHEN WE HAVE AN INDUSTRY COMING TO SABINE PASS THAT SAYS, I NEED 1500 GALLONS PER MINUTE OF WATER.
WHAT CAN WE DO IT, CAN WE NOT DO IT? WHAT DO WE NEED TO DO TO ACTUALLY PROVIDE THEM THAT WATER? SO THAT MODEL IS UNDER DESIGN AND THE SABINE PASS AREA WILL BE COMPLETED MID OF AUGUST.
SO WE CAN FIGURE OUT WHAT WE'RE GONNA DO WITH THE INDUSTRIES THAT ARE UNDER CONSTRUCTION TODAY, AS WELL AS THOSE THAT ARE, UH, UNDER DESIGN.
CAUSE THERE'S SEVERAL, UH, UNDER DESIGN.
WE SHOULD DO THE SAME THING FOR THE WASTEWATER SYSTEM BECAUSE A MODEL THERE IS ALSO GONNA PROVIDE US WITH OUR CAPABILITY TODAY.
AND WHAT DO WE NEED TO DO IN THE FUTURE? AND IF A LARGE CLIENT SHOWS UP, HOW CAN WE SERVE THEM? BECAUSE THE LAST THING WE WANT TO DO IS TELL PEOPLE, NO, YOU CANNOT DEVELOP IN IMPORT ARTHUR, CAUSE I CANNOT PROVIDE YOU THE WATER WASTE WATER SERVICES THAT ARE REQUIRED.
THE SYSTEM DIDN'T GET ANY ATTENTION FOR ABOUT 10 YEARS PRIOR TO 2018 2019.
BUT WE ALWAYS HAVE TO FIND THE BALANCE BETWEEN THE REHABILITATION WE NEED TO DO AND THE RATE INCREASES THAT WE CAN MAKE SO WE DON'T INCUR A BURDEN ON OUR CITIZENS THAT THEY CANNOT AFFORD WHILE TRYING TO FIX A SYSTEM THAT IS OLD AND NEED A LOT OF MONEY TO FIX.
WE'VE BEEN ABLE TO FIND THIS KIND OF BALANCE BECAUSE WE ALREADY SEE THE LIGHT A LITTLE BIT AT THE END OF THAT TUNNEL.
WE NO LONGER ON THAT DOWNHILL CURVE WHEN IT COMES TO INFRASTRUCTURE.
AND WE KNOW THAT FROM THE CALLS WE RECEIVE.
SO WE'RE STARTING TO MOVE UPWARDS AT THIS TIME.
BUT IT IS NOT DOABLE WITHOUT DOING RATE INCREASES.
UNFORTUNATELY, UH, IN THE LAST FIVE YEARS, THERE WERE SUPPOSED TO BE FIVE RATE INCREASES, ONLY THREE TOOK PLACE.
SO ALTHOUGH WE ARE 13% BELOW THE RATE INCREASES THAT WERE PLANNED FOR THE LAST FIVE YEARS, WE WERE STILL ABLE TO GET SO FAR A BALANCED BUDGET, WHICH IS 1.4 MILLION IN THE PLUS.
BUT PLEASE UNDERSTAND, A UTILITY SYSTEM IS FLUID.
I MEAN, WE CAN HAVE AN EMERGENCY AT THE WATER TREATMENT PLANT TODAY THAT WILL COST US $500,000 TO REPAIR.
SO WE ARE DILIGENTLY TRYING TO KEEP THESE BUDGETS BALANCED AND HOPEFULLY KEEPING OUR FINGERS CROSSED, WE WON'T FACE ANY EMERGENCIES.
WELL, THAT WILL DIVERT US FROM THAT.
AND IF YOU ALL HAVE ANY QUESTIONS, I'LL BE MORE THAN HAPPY TO ANSWER THEM.
I'LL SEE WHAT I CAN PROVIDE YOU TODAY.
OKAY? UH, COUNCILMAN, UH, DOUCETTE? YEAH.
THANK YOU FOR YOUR PRESENTATION, DR.
BUT MY LIGHT CAME ON WHEN YOU TALKED ABOUT RATE INCREASE.
YOUR PRESENTATION IS EXACTLY WHAT, UH, WE SHOULD HAVE DONE LONG TIME AGO.
BUT THE RATE INCREASE TO ME IS A TABOO.
UNLESS THIS CITY CAN START REPAIRING WATER LINES, STOP WATER LOSS, YOU KNOW, OUR PERCENTAGE OF WATER LOSS IS WHAT ABOUT APPROXIMATELY AROUND 30% AT THIS TIME.
THE, UH, STATE ACCEPTABLE LEVEL IS LIKE 5%.
SO IF WE LOSING MORE THAN 5% OF THE WATER, THEN WE HAVE A PROBLEM.
SO IF WE GOT 30% THAT MEAN THAT WE ARE BUYING 30% MORE WATER, THEN WE ARE BUYING 30% MORE CHEMICALS.
AND THE MOST EXPENSIVE PART OF THIS WHOLE PROCESS IS CHEMICALS.
THAT TREATMENT, THEY COST A LOT.
SO IF WE BUYING THESE 30% OF ALL OF THIS IN ORDER TO PROVIDE US WITH THE WATER, THEN RATE INCREASE AIN'T GONNA HELP US.
ALL IT GONNA DO IS COVER THE FACT THAT WE ARE NOT FIXING SOMETHING THAT IS TRULY BROKE.
[01:25:01]
PART OF THE PRESENTATION IS WHERE WE NEED TO GO.DON'T WORRY ABOUT RATE INCREASE.
YOU ARE NOT GOING TO EVER BALANCE, YOU ARE NOT GONNA EVER BALANCE IT IF YOU'RE LOSING THAT MUCH WATER.
SO IT'S USELESS TO TRY TO RAISE PRICE.
LET'S TALK ABOUT FIXING THE SYSTEM.
AND WE NEED TO TAKE IT THE SAME WAY WE TOOK THE ROADS WHEN WE CAME TO THE POINT WHERE WE JUST KNOW WE GOTTA DO IT.
IF WE NEED TO GET MONEY, WE NEED TO START TRYING TO FIND MONEY.
BUT WE GOTTA FIX THIS SYSTEM 30%.
WE ARE, WE ARE TREATING SO MUCH WATER THAT UNITED GIVEN TO US.
SO WE CAN'T PAY FOR THAT HOUSE.
WE HAVE TO FIND A WAY, UH, CITY MANAGER.
WE REALLY HAVE TO TAKE A LOOK AT FINDING FUNDING.
EVEN I, I DON'T CARE WHAT IT TAKES, BUT WE HAVE GOT TO DO EXACTLY WHAT MR. HANEY SAID.
WE HAVE GOT TO START REPLACING THESE PIPES BECAUSE AS IT STAND NOW, WHEN YOU GO OUT TO FIX ONE PIPE, WHEN YOU TURN THE WATER BACK ON, IT BROKE OVER THERE BECAUSE IT WAS DILAPIDATED.
AND YOU JUST, WE JUST CHASING AND TAIL.
YOU GOT THE RIGHT IDEA, BUT WE NEED TO MOVE ON IT.
COUNCILMAN, I WE HAVE SEVERAL OPTIONS.
I, UH, I WOULD LOVE TO DISCUSS WITH YOU.
UH, I DON'T THINK THERE IS A CITY IN THE UNITED STATES THAT IS THE AGE OF THE CITY OF KAR ARTHUR WITH A 5% WATER LOSS.
I DOUBT WE CAN FIND ONE THAT'S NOT A JUSTIFICATION, THAT IT'S OKAY TO HAVE 30%.
SECONDLY, THE ONLY WAY TO STOP THESE WATER LEAKS IS TO REPLACE WATER LINES.
AND THERE ARE TWO WAYS TO FUND THESE WATER LINES.
WE CAN EITHER GO GET A BOND TO ABLE TO BE ABLE TO REPLACE WATER LINES, OR WE CAN GO TO THE GENERAL FUND AND DIP INTO IT LIKE WE'VE BEEN DOING FOR YEARS.
THE ONLY WAY TO BE ABLE TO GET A BOND IS TO BE MAKING MORE MONEY THAN YOU ARE SPENDING.
SO HOW WOULD WE DECIDE TO DO IT AS A GOVERNING BUDDY? HOW WOULD YOU ALL DECIDE TO DO IT? AS A GOVERNING BUDDY, IT'S GONNA BE UP TO YOU.
BUT IF YOU WANT US TO FIX WATER LINES AND ADDRESS THESE LEAKS AND BRING DOWN THAT PERCENTAGE, WE HAVE TO SPEND THE MONEY.
THAT 105,000 FEET OF PIPE THAT'S ALREADY DESIGNED READY TO GO IS 30 MILLION ESTIMATED COST.
SO YOU'LL TELL US WHICH WAY YOU'D LIKE US TO GET THE FUNDS TO REPLACE THESE WATER LINES, AND WE WILL GO AFTER IT WITH EVERYTHING WE HAVE.
BUT AS A MUNICIPALITY AND HOW OTHER MUNICIPALITIES FUNCTION, THEY GO GET BOND SALES TO GET BOND SALES.
THEY GOTTA HAVE THE REVENUE TO PAY THAT LOAN AND TO GET THAT REVENUE, THEY USUALLY DO A RATE INCREASES.
UM, THANK YOU CITY MANAGER, UH, FOR ALL THAT YOU'VE DONE SINCE I'VE BEEN ON COUNCIL TO ADDRESS, UH, ALL THAT WE'VE BEEN, UH, TASKED TO DO WITH FIXING, UH, THIS WASTEWATER, UH, THAT'S 67 MILLION, UH, CONTRACT WITH ALCO IS GOING TO GO, UM, UM, UH, EXTREMELY FAR WITH BEGINNING TO HELP US WITH, UH, THIS MONUMENTAL TASK OF FIXING, UH, OUR WATER PROBLEM HERE IN THE CITY OF PORT ARTHUR.
UM, ONE OF THE THINGS I THINK THAT WE, UH, HAVE TO UNDERSTAND IS, IS THAT YES, OUR INFRASTRUCTURE IS DILAPIDATED.
UH, WE DID GET THE 25 MILLION, UM, UH, FROM THE ARPA FUNDS, UH, AMERICAN RECOVERY ACT, UH, THAT, UH, AND THAT MONEY, UH, IS BEING SENT ALL ACROSS AMERICA.
AND I'M GLAD TO SAY THAT WHEN WE WOULD GO TO CONFERENCES, NLC, ALL OF THOSE CONFERENCES, UM, THAT'S WHAT WE WERE TRYING TO DO.
TRYING TO, UM, MEET WITH INDIVIDUALS, MEET WITH GOVERNMENTAL ENTITIES, UH, TO TRY TO BRING MORE MONEY TO PORT ARTHUR.
I KNOW THAT MUCH HAS BEEN SAID ABOUT TRIPS AND MONEYS THAT ARE SPENT ON TRIPS, BUT I, I NEED US TO UNDERSTAND THAT YOU HAVE TO BE IN THOSE ROOMS TO UNDERSTAND HOW WE ARE GOING TO GET THE MONEY TO PORT ARTHUR TO FIX THE PROBLEMS THAT WE HAVE IN PORT ARTHUR.
I KNOW THAT YOU MAY NOT THINK IT'S NECESSARY, BUT YOU HAVE HEARD THE SITUATIONS THAT WE ARE IN, IN PORT ARTHUR TO TRY TO GET
[01:30:01]
ALL OF THIS INFRASTRUCTURE DONE.UH, I HAD A CONVERSATION WITH, UM, COUNCILMAN DOUCETTE.
HE WAS RUNNING, AND HE AND I HAD A LONG CONVERSATION ABOUT BONDS AND HOW WE'RE GOING TO HAVE TO AT SOME POINT, UH, GO OUT FOR BONDS AND HOW WE CAN GO OUT FOR BONDS TO FIX, UH, THESE GARGANTUAN PROBLEMS, UH, THAT WE HAVE HERE, UH, IN INFRASTRUCTURE SO THAT WE IN PORT ARTHUR DON'T WIND UP LIKE OUR SISTER CITIES OF JACKSON, MISSISSIPPI AND FLINT, UH, MICHIGAN, WHERE THE WATER AND THE DRINKING WATER, UH, IS, UH, IS, IS NOT, UH, PALATABLE, CAN'T, CAN'T BE CONSUMED.
AND, AND WE HEAR ALL OF THESE STORIES ABOUT BOILING ORDERS AND ALL OF THOSE THINGS.
WE'RE THANKFUL TO GOD THAT WE'VE NOT HAD THOSE TO HAPPEN AS OF YET.
BUT UNLESS WE FIX THIS SITUATION, UNLESS WE DO WHAT IS NECESSARY AS A COUNCIL, UH, TO, TO ADDRESS THIS, WE WILL FIND OURSELVES IN, IN THAT WAY.
AND SO STAFF IS WAITING ON US COUNCIL, UM, TO, UH, TO LEAD THE WAY, UH, AND TO GET THIS DONE.
UH, AS FAR AS, UM, I HEAR WHAT COUNCILMAN DOUCE IS SAYING ABOUT THE RATE INCREASE AND WE DON'T WANT TO INCREASE.
I SEE, UH, OUR COUNCIL, UH, THERE ARE THOSE WHO ARE SITTING HERE IN THE CHAMBER WHO HAVE ADDRESSED US BECAUSE WE HAVE SENIOR CITIZENS WHO HAVE TO PAY THOSE MONIES.
UH, WHEN WE DO INCREASES, IT IS NOT UNDERSTAND THAT WE ARE NOT THAT RATE INCREASE THAT WE, UH, HAD, THAT WE ALLOWED, UH, AT THAT PARTICULAR TIME.
IT WAS DIFFICULT FOR US TO MAKE THAT VOTE AS A COUNCIL.
IT WAS NOT JUST DONE ARBITRARILY OR WILLY NILLY.
UM, UH, THAT, THAT I HAVE, UH, UH, 90 YEAR OLD PARISHIONERS IN MY CONGREGATION.
UM, UH, 80 YEAR OLD INDIVIDUALS AND JUST PEOPLE WHO ARE STRUGGLING, UH, BECAUSE, UH, UH, THEY DON'T MAKE ENOUGH MONEY.
BUT ALSO UNDERSTAND THAT THERE HAD NOT BEEN A RATE IN INCREASE IN, IN 15 TO 20 YEARS THAT IT HADN'T BEEN A RATE INCREASE.
UH, AND THAT EVEN WITH THE RATE INCREASE, PORT ARTHUR WAS NOT THE LEADING CITY, UM, UH, IN, IN, UM, IN THE COST OF THAT WATER.
UM, SOMETIMES COUNCIL MAKES TOUGH DECISIONS.
THOSE DECISIONS ARE DIFFICULT TO MAKE.
THAT WAS ONE OF THE MOST DIFFICULT DECISIONS, UH, THAT I, THAT WE'VE HAD TO MAKE AS A COUNCIL BECAUSE WE RECOGNIZE HOW IT AFFECTS ALL THE CITIZENS OF PORT ARTHUR, TEXAS.
BUT AFTER GETTING ALL OF THE INFORMATION DISAGGREGATING, THE DATA THAT WAS GIVEN TO US, IT WAS NECESSARY.
AND WE DON'T WANT TO DO IT AGAIN.
BUT YOU'VE HEARD OUR PLIGHT, 30% OF THE WATER BEING LOST, WHERE WE ARE WITH INFRASTRUCTURE, WE HAVE TO FIND WATER TO GET IT FIXED.
BUT WE'RE GOING TO GET IT DONE.
YOU KNOW, AND THAT'S BEEN ONE OF THE THINGS I WANTED TO CONCENTRATE AND I'M GLAD THAT COUNCILMAN FRANK STATED THAT IT WAS A VERY DIFFICULT DECISION FOR THE RATE INCREASE.
UH, IN LISTENING TO YOUR PRESENTATION, YOU STATED THAT WE SHOULD HAVE HAD FIVE RATE CRES AND WE'VE ONLY DID THREE.
YOU KNOW, THOSE TYPE OF ISSUES, THESE MY COHORTS AND I, WE HAVE TO MAKE FOR THE BETTERMENT OF THIS CITY.
WHEN I WALKED IN THE OFFICE TODAY, THE FIRST THING HE SAID TO ME, KEN LAW, WE HAVE A PROBLEM.
WE NEED TO GET IN FRONT OF THIS WATER THING.
IF WE DON'T, WE'RE GONNA COST OUR CITY MONEY.
THAT'S THE VERY FIRST THING HE TOLD ME TODAY WHEN I WALKED INTO THE OFFICE.
SO, I AGREE, IT'S A DIFFICULT DECISION THAT WE HAVE TO MAKE, BUT IF WE DON'T DO IT FOR THE ENTIRE CITY, THAT'S GONNA PUT US IN A SITUATION IN THE LONG RUN.
AND I'M GLAD THAT HE PUT THIS ON HERE.
I DIDN'T NOTICE THAT HE PUT IT ON THERE UNTIL HE, UH, THIS MORNING WHEN I WAS IN THE OFFICE.
BUT MY QUESTION TO YOU AND EVERYONE THAT'S OUT THERE, WE HAVE, WE HAVE A PROBLEM.
WE HAVE TO THE WASTEWATER TREATMENT FACILITY, 67, UH, MILLION DOLLARS THAT WE'RE WORKING ON.
WE, WE, WE ARE WORKING ON IT, BUT REPLACE THE FILTERS, REPLACE ALL THESE THINGS THAT WE HAVE TO DO TO ENSURE THAT OUR DRINKING WATER IS ACCEPTABLE TO STATE STANDARD AND OF COURSE, UH, TO OUR CITY.
SO I REALLY WANNA SAY THANK YOU, UH, FOR YOUR PRESENTATION.
THANK YOU FOR GIVING ME HEADS UP ABOUT IT.
LET'S FIND WAYS TO GET THIS MONEY IN SO WE CAN CORRECT THIS PROBLEM.
[01:35:01]
YOUR PRESENTATION.I DO HAVE A QUESTION TO MAKE SURE THAT I FOLLOWED YOU RIGHT.
YOU SAID WE HAVE 350 MILES THAT NEED, NEED TO BE CORRECTED, BUT 105 OF THOSE MILES OR READY TO, WE'RE READY TO GO FORWARD WITH THEM NOW, MA'AM, WE HAVE 350 MILES OF TOTAL WATER LINES IN THE GROUND HERE.
APPROXIMATELY 50% NEED TO BE REPLACED.
AND 105,000 FEET IS ALREADY DESIGNED READY TO GO TO, TO CONSTRUCTION 105,000 FEET CONSTRUCTION.
OF THOSE, OF THAT 100,005 FEET THAT ARE READY FOR CONSTRUCTION, DO ANY OF THEM INCLUDE COMMERCIAL WATER LINES THAT, UM, STILL AFFECT OUR RESIDENTS AT APARTMENT COMPLEXES? YES, MA'AM.
WE DID A STUDY AND WE DETERMINED THE WEAKEST LINKS IN THAT WATER SYSTEM AND WE PUT THEM ON THAT 57 LINES, A 50 LIST OF 57 LINES.
ONE OF THEM IS ATLANTA THAT WE'RE TRYING TO BREAK OFF THAT LIST, THIS COMING BUDGET HERE.
CAUSE IT'S BECOME VERY CRITICAL TO REPLACE IT.
CUZ IF IT GOES DOWN A LOT OF PEOPLE, RESIDENCES WILL BE WITHOUT WATER.
THE WATER HAD TO BE DISCONNECTED BECAUSE OF THE MAIN WATER LINES ON THOSE PROPERTIES.
AND THIS IS CONSISTENT FROM LIKE THE BEGINNING OF THIS YEAR.
SO YOU ALSO MENTIONED RATE INCREASES.
HOW DO WE MANAGE THOSE RATE INCREASES FROM THOSE COMMERCIAL WATER LINES, UM, TO THE RESIDENTIAL ONES? OUR ORDINANCE, UH, HAS DIFFERENT, UH, LAYERS.
THERE'S COMMERCIAL AND INDUSTRIAL RATES.
SO WHEN WE BUILD COMMERCIAL INDUSTRIAL, THEY'RE AT A DIFFERENT RATE THAN WE DO THE RESIDENTIAL.
AND THERE'S ALSO INSIDE CITY LIMIT RATE AND OUTSIDE CITY LIMIT RATE.
SO THIS IS HOW WE DIFFERENTIATE THE, THE BILLING PART OF IT.
WHEN LINE BREAKS, WE ALWAYS TRY TO FIX IT UNDER PRESSURE.
SO WHEN WE CAN PUT A CLAMP ON IT, FIX IT UNDER PRESSURE, NO ONE IS WITHOUT WATER.
BUT WHEN THERE'S A SECTION OF PIPE THAT NEED TO BE REPLACED WHERE WE HAVE TO TURN THE WATER OFF, THEN IT'S GONNA IMPACT A CERTAIN NEIGHBORHOOD OR AREA BASED ON WHERE THE VALVES ARE AND HOW WE ISOLATE THAT LINE TO REPAIR IT.
UM, IN THE EVENT THAT WE DO HAVE TO HAVE, UH, RATE INCREASES, THEN I REALLY WANT US TO US THIS TEAM HERE TO BE CONSIDERATE OF WHAT THOSE WATER RATES ARE WHEN IT COMES TO AN INDIVIDUAL'S RESI, SINGLE FAMILY HOME AND SOMEONE LIVING IN AN APARTMENT COMPLEX WHO'S HAVING TO SHARE THOSE WATER EXPENSES WITH EVERYONE IN THEIR BUILDING REGARDLESS OF THEIR WATER USAGE.
AND IT SEEMS UNBALANCED AND UNFAIR, BUT I DON'T UNDERSTAND ALL THE INTRICACIES OF IT.
SO I WANT US TO BE ABLE TO FIND CLARITY ON THAT SO THAT WE ARE BEING FAIR AND THESE WATER RATES ARE NOT BEING PASSED ON FROM THOSE PROPERTY OWNERS TO THE RESIDENTS.
THERE, THERE'S TWO PARTS TO YOUR QUESTION.
THE RATE IS BASED ON TWO COMPONENTS.
ONE, THERE IS A USAGE FEE THAT IS FOR HAVING THE METER AND THE CONNECTION TO THE WASTEWATER, WHICH IS APPROXIMATELY $7 50 CENTS PER EACH.
AND THERE'S PER THOUSAND GALLON CHARGE.
THAT'S AROUND $6 AND 73 CENTS.
UM, DON'T QUOTE ME TO THE PENNY ON THAT.
SO BASED ON USAGE IS WHAT YOU'RE GONNA BE PAYING FOR THE BILL.
AN AVERAGE A RESIDENCE WITH TWO PEOPLE ON IN IT SHOULDN'T HAVE MORE THAN 50 TO $60 WATER BILL.
AND WE ALWAYS, I MEAN WE TAKE THESE RATE INCREASES SERIOUS.
IT'S NOT LIKE, LET ME HAVE A RATE INCREASE AND LET ME, YOU KNOW, WE, WE GO TO THE PENNY, WE CRUNCH THE BUDGET, WE FIGURE OUT IF I WANNA BORROW 10 MILLION TO REPLACE, YOU KNOW, A THIRD OF THIS 105,000 FEET OF PIPE, HOW MUCH MONEY I SHOULD GENERATE TO BE ABLE TO PAY THAT, UH, BOND BACK.
SO WE, WE TAKE THAT VERY SERIOUSLY.
WE ALWAYS TRY NOT TO GO OVER THREE TO $5 EXTRA A MONTH PER BILL ON THE AVERAGE RESIDENT THAT YOU KNOW IS SPENDING 50, $60.
SO LIKE LAST YEAR WE DID A 7% INCREASE.
SO THE AVERAGE CITIZEN GOT AFFECTED BY $3 AND 50 CENTS A MONTH.
WELL THESE COSTS HAVE BEEN CLOSE TO 7500, 70 $5 TO A HUNDRED PLUS IN AN APARTMENT COMPLEX
[01:40:01]
WITH SOMEONE WITH ONE PERSON.SEE WE DON'T, SO IT'S, IT'S NOT, IT'S NOT BALANCING OUT.
SO I WANT US TO MAKE SURE WE LOOK AT THAT, TO FIGURE THAT OUT.
THAT, THAT'S THE SECOND PART OF YOUR QUESTION.
IT SOUNDS MORE AN ISSUE BETWEEN THE APARTMENT COMPLEX AND THE RENTERS.
CAUSE WE DON'T GET INVOLVED IN THE INDIVIDUAL, UH, BILLING FOR THESE APARTMENTS.
MOST OF THESE APARTMENTS, EACH BUILDING HAS ONE METER.
SO THERE'S AN INCREASE IN THAT CHARGE BETWEEN THE OWNER OF THE BUILDING AND THE TENANT.
WE DON'T GET INVOLVED IN THAT PART OF IT.
OKAY, I'M JUST GONNA SAY THIS, THAT THE COUNCIL REALLY NEEDS TO UNDERSTAND THE WHOLE FULL CIRCLE OF THE WATER UTILITY BEFORE WE TALK ABOUT WE HAVE TO RAISE RATE OR RATES HAVEN'T BEEN DONE FOR FIVE OR 10 YEARS.
IT'S NOT ABOUT RATES BEING DONE FOR FIVE OR 10 YEARS.
WATER UTILITIES IS AN ENTERPRISE FUND.
IT'S SUPPOSED TO BE, WE CHARGE FOR WHAT IT TAKES TO PROVIDE THE SERVICE.
THAT'S, THAT'S WHAT WE SUPPOSED TO DO.
SO WHEN WE TALK ABOUT WATER, IF WE ARE SELLING WATER AND WE ARE MAKING ENOUGH MONEY TO PAY FOR THE SERVICE, THEN THERE'S NO NEED TO DO A RATE INCREASE.
AND IF IT HADN'T BEEN A RATE INCREASE FOR SO MANY YEARS, THEN MAYBE SOMEBODY SHOULD NOT HAVE BEEN LOOKING AT IT REAL CLOSE OR WE COULD HAVE BEEN MOVING.
BUT IT DOESN'T NECESSARILY MEAN, CUZ WE DIDN'T HAVE RATE INCREASE FOR X AMOUNT OF YEARS THAT WE WERE FALLING BEHIND.
IT DOESN'T MEAN THAT WE WERE FALLING BEHIND CUZ ALL OF THESE LINES ARE BROKE AND WE'RE LOSING 30%.
THAT'S WHY WE ARE FALLING BEHIND.
SO, YOU KNOW, WE COULD GO AROUND AND AROUND.
I'M NOT GOING TO BEAT THIS DEATH, BUT I JUST WANT TO MAKE SURE THAT COUNCIL UNDERSTANDS IT'S NOT ABOUT WHEN THE LAST RATE WE HAD IS WHAT IS OUR CONDITION RIGHT NOW? WHAT IS OUR PROBLEM IF WE LOSING 30% OF WATER, THAT IS THE PROBLEM.
LET'S ADDRESS THE PROBLEM BECAUSE RAISING THE RATES AND KEEP LOSING WATER DOES NOT FIX A PROBLEM.
IT CREATES A BIGGER PROBLEM CUZ YOU KEEP RAISING THE RIGHT UP.
MR. MAYOR, ONE THING, ONE THING TO ADD? NO SIR.
UH, I IS THAT, WELL YOU, WHAT? YOU JUST, I THINK YOU JUST STATED THAT HE HAVE A MASSIVE METER ON THE WATER.
ON THE WATER ON, ON THE APARTMENT COMPLEXES.
MOST OF THEM HAVE A METER PER BUILDING.
VERY FEW OF THEM HAVE INDIVIDUAL METERS PER APARTMENT.
ARE WE GIVING DISCOUNTS TO THESE APARTMENT COMPLEXES ON, ON WATER TRASH, STUFF LIKE THAT? NO SIR.
ARE THEY ALL CURRENT ON THEIR BILLS? E EVERYBODY CURRENT AND ACTUALLY WHAT WE ALSO DID, UH, WHEN I WAS HERE IN 2000, UH, 1819, WE, I LIKE WHEN YOU'RE AT A HOUSE, YOU'RE PAYING THAT MINIMUM USAGE FEE OR THE METER USAGE FEE.
WE IMPLEMENTED THAT TO THE APARTMENTS PER UNIT, SO MM-HMM.
WHAT ABOUT THE OH, AS FAR AS THE WATER CONCERNED, WHAT ABOUT THE, WHAT ABOUT THE GARBAGE PICKUP AND THE TRASH PICKUP? I DON'T HAVE TOO MUCH INFORMATION ON THAT AT THE SECOND.
BUT, UH, SOME OF THEM MIGHT BE USING PRIVATE, UH, COMPANIES, NOT JUST THE CITY TRASH.
SO ON, ON THE GARBAGE PICKUP ALSO.
THEY MIGHT BE USING PRIVATE COMPANIES, NOT ONLY CITY.
AND IF I MAY, MAY, UH, RESPOND TO COUNCILMAN DOUCETTE COLLINS, UH, PROVIDING SERVICES AND HAVING THE UTILITIES FUND AS AN ENTERPRISE FUND IS CORRECT.
THAT'S OUR JOB AS A UTILITY FUND, AS AN ENTERPRISE FUND IS TO SPEND WHAT WE ARE MAKING.
BUT PART OF PROVIDING SERVICES IS REHABILITATING THAT INFRASTRUCTURE SO THAT IT CAN CONTINUE TO PROVIDE THESE SERVICES.
AND IF WE DON'T REHABILITATE THE INFRASTRUCTURE, WE ARE NOT GONNA BE ABLE TO PROVIDE SERVICES.
AND WE ARE SUFFERING FROM THAT TODAY.
CAUSE WE'D LIKE OUR SYSTEM PRESSURE TO BE AT 60 PSI, BUT WE CANNOT DO THAT TODAY BECAUSE OF THE FAILING INFRASTRUCTURE.
SO THE FUNDS THAT THIS DEPARTMENT GENERATES SHOULD PAY FOR THE OPERATING BUDGET AS WELL AS WHAT IT'S GONNA COST TO UPGRADE THIS INFRASTRUCTURE.
AND THE SECOND POINT I'D LIKE TO MAKE, THE DEPARTMENT'S
[01:45:01]
30% LOSS IS NOT TRANSLATING INTO, IT'S, IT'S SIGNIFICANT, IT'S NOT SMALL.BUT FOR EXAMPLE, THE CHEMICALS AT THE BUDGET FOR THE WATER TREATMENT PLANT SAYS ABOUT SIX 7 MILLION.
THE CHEMICALS OF IT THIS YEAR IS GONNA BE 2.3 MILLION.
OKAY? THE, WHAT WE PAY FOR THE RAW WATER IS, IS, YOU KNOW, VERY SMALL PER THOUSAND GALLONS.
SO IT IS A BIG LOSS, BUT IT'S NOT THAT BIG HUGE NUMBER THAT IF WE DON'T HAVE, WE'RE GONNA HAVE A LOT MORE MONEY HERE.
BUT IF WE DON'T INVEST IN THE INFRASTRUCTURE, THAT NUMBER IS GONNA KEEP GROWING.
IT'S NOT GONNA BECOME LESS, IT'S GONNA GROW.
AND THERE'S TWO WAYS, LIKE I SAID EARLIER, TO SPEND ON THAT INFRASTRUCTURE.
WE EITHER MAKE THE MONEY AS A DEPARTMENT AND SPEND IT, OR YOU GO GET IT FROM THE GENERAL FUND.
LIKE WHAT HAPPENED IN 2018 TO 2010, 2009, WHERE THE WATER FUND WAS GETTING MONEY FROM THE GENERAL FUND.
AND IN 2018, THE WATER FUND OWED THE GENERAL FUND $54 MILLION.
SO IT'S, IT'S, IT'S YOU WHO HAVE TO DECIDE WHAT TO DO.
MY JOB IS TO GIVE YOU THE INFORMATION AND WHAT I THINK AS AN ENGINEER WHO PUTS PUBLIC HEALTH AND SAFETY FIRST OF WHAT NEEDS TO BE DONE.
UH, COUNCILMAN LEWIS, ONE OTHER THING.
UH, THE REFINERIES, UH, YOU KNOW, WHERE ALL THE METERS THEY'RE BUYING WATER FROM US, YOU KNOW, WHAT YOU HAVE, UH, AND ALL THAT ON ALL OF THE LOCATIONS OF ALL THE METERS AND EVERYTHING.
ACTUALLY THE LARGEST USERS THAT WE HAVE, WE HAVE A LIST OF THEM THAT GET MONITORED ALMOST DAILY.
UH, IF YOU GO DOWN TO RHONDA'S OFFICE, SHE HAS THAT LIST.
THEN WE MONITOR THE TOP USER DOWN TO NUMBER 10, I BELIEVE.
AND OUR TOP CLIENT WILL PURCHASE ABOUT $7 MILLION WORTH OF WATER FROM US THIS YEAR.
COUNCILMAN? UH, SENIOR MANAGER.
UM, MAYOR AND COUNCIL, IT'S, IT'S, IT'S BOTH GOOD AND IMPORTANT THAT, UM, THE SUBJECT ON THE AGENDA HERE HAVE SPARKED, UM, A VERY INFORMED DISCUSSION ABOUT WATER AND WASTE WATER FACILITIES.
UM, WHAT I WILL DO IN THE FUTURE IS TO ARRANGE A WORKSHOP FOR COUNCIL SO THAT WE CAN WORKSHOP THE MATTER AS WELL.
AND IN THE NEW BUDGET, I, I WILL BE PROPOSING THE NEED FOR AN ASSET MANAGEMENT PLAN.
WE, WE COULD USE AS A TOOL TO GO AND SEEK FUNDING FOR OUR WATER AND WASTEWATER INFRASTRUCTURE AMONG OTHER FACILITIES.
UM, SO YOU WILL SEE THAT FOR UPCOMING.
EVERYONE ELSE IS, IS ACTUALLY POINT, DID YOU WANNA SAY ANYTHING COUNCILWOMAN? IS THAT WELL, I WANT TO THANK YOU DR.
HANEY, UH, EVEN MR. MR. UH, MATTHEWS AND, UH, EVEN MR. FLOYD, UH, FOR THE JOB THAT YOU ALL HAVE DONE AND TRYING TO CORRECT SOME WRONGS OR ILLS, NOT EVEN WRONGS I WOULD CALL THEM, BUT IS THAT WE'VE, UH, EXPERIENCED OVER THE YEARS IN OUR WATER WASTEWATER TREATMENT PLANTS AND EVEN, UH, THE CONSTRUCTION PROCESS AND PROGRESS THAT WE HAVE GOING ON NOW WITH OUR NEW WASTEWATER TREATMENT PLANT AND THOSE FACILITIES.
HOWEVER, YOU KNOW, ON, UH, WHILE WE'RE TALKING ABOUT THIS LAST WEEK, WE EXPERIENCED, UH, AN OVERFLOW IN WASTEWATER THAT WAS, UH, OF CONCERN.
WE ARE IN A POSITION, BUT I KNOW THAT YOU ALL ARE NOT CAUSING IT.
BUT THE POSITION IS BECAUSE OF THE NEGLECT OF THE YEARS FROM 2000 UP UNTIL NOW OR WHENEVER THAT ACTUALLY BEGAN BEFORE NOTHING WAS ACTUALLY BEING DONE TO UPGRADE THE EQUIPMENT THERE.
NOW, P A P C E Q, THEY'RE ACTUALLY WATCHING US HERE IN PORT ARTHUR, TEXAS.
THAT'S WHY I APPRECIATE YOU ALL AND WHAT YOU ALL ARE DOING TO BE SURE THAT WE CAN MAINTAIN OUR WA WASTEWATER AS WELL AS WATER TREATMENT PLANT WASTEWATER FACILITY AND NOT HAVE TO SUFFER WHAT HAS BEEN ALLUDED TO IN THIS SESSION THAT OTHER CITIES IN OTHER STATES HAVE SUFFERED.
SO WE WANT YOU ALL TO CONTINUE TO DO WHAT YOU ARE DOING.
IN THE MEANTIME, THE COLLEAGUE HERE, CITY MANAGER AND STAFF, WE ARE GOING
[01:50:01]
TO HAVE TO GO AFTER FUNDS THAT THE BIDEN ADMINISTRATION IS ACTUALLY DOING, WHERE THEY ARE PUTTING THIS MONEY INTO COMMUNITIES.CUZ THE COMMUNITIES WE KNOW WHERE THE MONEY IS NEEDED.
THE COUNCIL HAS ALMOST CHANGED ITS POSITION ON EITHER MY TRAVELING OR THEY'RE TRAVELING BECAUSE THE ONLY WAY THAT WE ARE GOING TO GET A YES ANSWER TO THESE FUNDS IS TO BE IN THE FACE OF THE PERSONS IN WASHINGTON, NEW YORK OR PHILADELPHIA OR WHEREVER THEY ARE WHO CONTROLS THESE FUNDS.
THERE IS MONIES AVAILABLE AND WE ARE GOING TO HAVE TO GO AFTER IT.
WE ARE FACED WITH ANOTHER SITUATION THAT I WON'T BRING UP AT THE MOMENT THAT DEALS WITH WATER AND WATER TREATMENT THAT FUTURISTICALLY, WE ARE GOING TO FACE A FINANCIAL WINDFALL, SO TO SPEAK, IN CORRECTING ANOTHER PROBLEM.
SO WE THANK YOU FOR THAT, BUT WE'VE GOTTA KEEP THAT IN MIND THAT, SIR, WE ARE FACED WITH SOME SITUATIONS THAT WE ARE GOING TO HAVE TO WORK ON AS A COUNCIL FOR THE FARM COMMUNITY.
YOU BRING UP A VERY IMPORTANT POINT BECAUSE WE ARE REGULATED BY THE T C E Q AND THE EPA AND WE DO EXPECT THE LI OF NEGLECT AT THE WASTEWATER REP PLANT ON PROCTOR TO END UP COMING DOWN WITH SOME FINES ON US.
WE DON'T KNOW WHAT THEY'RE GONNA BE, BUT THIS IS PROBABLY GONNA HAPPEN IN THE NEAR FUTURE.
AND THERE'S TWO WAYS TO DO IT WHEN IT COMES TO THE EPA AND THE T C Q.
YOU EITHER DO IT WILLINGLY ON YOUR OWN TERMS OR THEY CAN COME DOWN AND MAKE US DO IT ON THEIR OWN TERMS. AND THE LAST THING WE WANT IS TO BE FORCED TO SPEND AMOUNTS OF MONEY THAT WE CAN CONTROL WHAT THEY CAN BE THROUGH STRUCTURED RATE INCREASES AND REHABILITATION, UH, PROJECTS.
SO, AND CONNECTIONS IS EVERYTHING.
WE THANK WE, THANK YOU ALL FOR YOUR PRESENTATION AND ALL YOUR DILIGENCE.
[III.E.(2) A Discussion Regarding Vactor Acquisitions (Requested By Councilmember Kinlaw)]
UH, WE'LL MOVE TO OUR NEXT ITEM AS A DISCUSSION REGARDING THE, UH, VTO ACQUISITION.AND THIS HAS BEEN REQUESTED BY COUNCIL MEMBER KINLAW, CITY MANAGER.
YOU HAVE SOMETHING ON THAT OR YOU HAVE STAFF MAYOR? I DID.
UM, COUNCIL MAN KINLAW HAS REQUESTED THAT THE ITEM PUT ON THE AGENDA, BUT I DID CIRCULATE A MEMO AS WELL, UM, THAT I, WE, I THINK THE CITY SECRETARY SENT OUT TO EVERY MEMBER OF THE THEIRS LAST WEEK.
UH, COUNSEL, I, I'M NOT SURE WHAT THE QUESTION IS.
I CAN, I BELIEVE Y'ALL ALL RECEIVED THE MEMO, SO I WON'T READ THE MEMO.
SO I, DO YOU HAVE AQU SPECIFIC QUESTION? YEAH.
MY QUESTION, I HAD SOME CONCERNS.
I HAD, UH, CONCERNS ON MAY 23RD ABOUT THIS, UH, WHAT IS IT, FOUR MONTHS, $67,000, UH, FOR THE RENTAL THAT YOU BOUGHT BEFORE THE COUNCIL? YES, SIR.
WE BASICALLY, OF FACTOR IS A CRITICAL, WE GO BACK TO THE LAST RATE INCREASE.
WE WERE LOOKING FOR A LARGER RATE INCREASE COUNCIL, WE TOOK AWAY FROM COUNCIL THAT IF IT'S POSSIBLE TO DO A LOWER RATE INCREASE, WE, YOU KNOW, WE SUPPORTED IT.
WE WORKED WITH FINANCE, WE REDUCED SOME OF THE REQUESTS.
ONE OF THOSE REQUESTS WAS A NEW FACTOR TRUCK.
WE, THERE WAS A USED FACTOR TRUCK AVAILABLE ON THE MARKET.
IT WAS A MANUAL TRUCK, SO IT WASN'T ABLE TO BE USED BY ALL OF OUR EMPLOYEES, BUT WE HAVE SEVERAL EMPLOYEES THAT ARE QUITE CAPABLE TO USE IT.
IT'S A VERY LARGE FACTOR TRUCK.
SO IT IS A VERY BIG GUN TO HAVE IN YOUR ARSENAL WHEN YOU HAVE PLUGS SUCH AS THE ONE ON STONEGATE BEHIND ALL THE APARTMENTS.
AND IT IMPACTS A VERY LARGE AREA.
IT'S A VERY POWERFUL, IT WILL CLEAN LONG DISTANCES.
UH, WE HAVE A SMALLER TRUCK THAT IS IN VERY BAD SHAPE AS DESCRIBED HERE.
IT'S ONLY THE JET HIGH PRESSURE SIDES WORKING.
WE'RE LOOKING TO TRY AND GET BY WHATEVER, YOU KNOW, LEGAL MEANS.
UH, THEY'RE, THEY'RE VERY LONG LEAD ITEMS. SO WE, THE PLAN IN TALKING WITH THE VENDOR WAS WE COULD RENT IT, WHICH IS AN EXPENSIVE WAY TO GET IT, UH, AND THEN CONVERT IT TO A CAPITAL LEASE.
I DID NOT DO ENOUGH DISCUSSIONS WITH FINANCE AND NOW I UNDERSTAND HOW CAPITAL LEASE WORKS.
IT HAS TO START OFF AS A CAPITAL LEASE.
[01:55:01]
INTO THE BUDGET.I THINK FINANCE IS TALKING WITH THE MANUFACTURER ABOUT THE FINANCING, HOW ALL THAT WORKS SO THAT WE CAN BUDGET FOR IT AND THEN GO DOWN THAT ROAD AND GET IT.
I MEAN, MY NUMBER ONE GOAL IS PUBLIC SAFETY AND GETTING SEWAGE OUTTA YOUR HOUSE IS A VERY BIG ISSUE WITH PUBLIC SAFETY.
SO DIRECTOR, I, I TOTALLY UNDERSTAND AND I READ YOUR MEMO.
I REALLY APPRECIATE IT AND I, I'M GLAD THAT WE HAD THE OPPORTUNITY AS A COHORT TO DO THAT.
BUT LIKE I TOLD YOU THEN ON THE 23RD, I HAVE CONCERNS ABOUT THAT.
I HAD CONCERNS ABOUT THE 23RD.
UH, I MADE QUESTIONS, I WAS ASKED TO BE A TEAM PLAYER TO MAKE SURE THAT WE GET THIS TRUCK, BUT MY THING IS THIS, IT WAS APPROVED ON THE 23RD, RIGHT? WE DIDN'T GET IT.
AND I ASKED QUESTIONS WHERE THE MONEY WENT, WHERE DOES IT GO AFTER THE COUNCIL APPROVED AN ITEM ON THE AGENDA, UH, FOR $67,000 AND THEN NOBODY CAME BEFORE THE COUNCIL TO LET US KNOW THAT YOU DID NOT GET THE VAC TRUCK.
I REMEMBER ABOUT THREE AND A HALF YEARS AGO, FOUR YEARS, COUNCILMAN DEUCE AND I, WE HAD QUESTIONS ABOUT THESE VAC TRUCKS BECAUSE WE ARE SMACK DAB IN HURRICANE SEASON.
NOW, TO ME, IF WE DIDN'T GET THIS RENTAL OF A TRUCK, HOW MANY TRUCKS DID WE HAVE? MY QUESTIONS, AND YOU CAN BE VERY DETAILED ABOUT IT, ONE, HOW MANY TRUCKS WE HAVE IN SERVICE RIGHT NOW SINCE WE DIDN'T GET THIS RENTAL.
NUMBER TWO, I UNDERSTAND FOG FATS ALL AND GREASES, HOW IMPORTANT IT IS.
AND ESPECIALLY IN THE COLD, UH, MONTHS, IT'S HARD TO UNPLUG THESE LINES, BUT WE ARE SMACK DAB IN HURRICANE SEASON.
WE NEED THESE TRUCKS TO BE OPERATIONAL.
WE NEED DRIVERS TO DRIVE THESE THINGS.
BUT I ASKED YOU QUESTION THIS QUESTION, YOU KNOW, WHY ARE WE RENTING FOR 67,000 FOR FOUR MONTHS WHEN WE CAN DO AT LEASE FOR 99,000? THAT'S JUST ME BEING THE CITY COUNCIL MEMBER.
AND I ASKED THAT QUESTION THEN ON THE 23RD, YOU GAVE ME YOUR ANSWER.
MY, I'M VERY CONCERNED ABOUT MONIES THAT'S BEEN APPROVED BY THE COUNCIL AND THAT IF YOU GUYS DON'T GET IT, NOBODY COMES TO ME BEFORE THE COUNCIL AND LET US KNOW WHAT YOU GUYS ARE DOING.
FIRST OFF, THE MONEY STAYS IN THE BUDGET.
OKAY, WELL, SOMEBODY NEEDS TO TELL US.
THE COUNSEL, I I WILL GO ON THE RECORD RIGHT NOW.
IF I FIND ANYBODY THAT IS PERSONALLY USING MONEY ON THE BUDGET, I'M IN RON'S OFFICE AND I WANT 'EM REMOVED.
I DON'T ALLOW ANY MISAPPROPRIATION OF FUNDS.
JUST I'LL GO ON PUBLIC RECORD FOR THAT.
I'VE WORKED IN THE MIDDLE EAST AND I CAME AWAY.
SO THAT, THAT'S MY PUBLIC RECORD.
WELL DO, DO YOU UNDERSTAND MY POINT? MY POINT HAS BEEN THAT I YOUR POINT, I'M JUST LETTING YOU KNOW THAT THAT MONEY IS STILL IN THE BUDGET, YOUR HONOR.
COUNCILMAN, YOU'RE A HUNDRED PERCENT CORRECT.
WE SHOULD HAVE BROUGHT IT BACK TO COUNCIL TO LET YOU ALL KNOW WHAT'S RIGHT IS RIGHT AND YOU ARE CORRECT.
BUT WHAT HAPPENED WAS GETTING ONE OF THESE TRUCKS TODAY REQUIRES A YEAR, TWO YEAR WAIT.
IT ALL DEPENDS ON, YOU KNOW, WHAT TIME YOU ORDER IT.
AND IT CA THE OPPORTUNITY CAME TOWARD, OKAY, THERE'S THIS TRUCK AVAILABLE.
WE DON'T HAVE THE MONEY TO BUY IT, BUT WE CAN RENT IT TILL WE CAN PURCHASE IT.
AND THAT'S WHY WE DECIDED LET'S GO AHEAD AND RENT IT TO SECURE IT.
WE WILL HAVE IT AND THEN WE GO BACK OUT AND DO THE, DO THE PER THE LEASING, NOT THE PURCHASING.
BUT THEN WE LEARNED, WELL, TO CONVERT THIS RENTAL INTO A CAPITAL LEASE, IT'S NOT LEGALLY DOABLE.
AND THAT'S WHY WE CHOSE NOT TO PICK IT UP AND NEVER PURSUED IT.
BUT THAT'S, THAT'S EXACTLY WHAT HAPPENED IS WE FOUND AN OPPORTUNITY TO LOCK ONE IN AND WE DID, BUT WE COULDN'T SECURE THE CAPITAL LEASE AND WE LET IT GO.
SO NOW WHEN WE GO TO DO A CAPITAL LEASE ONE ONLY IN OCTOBER, WE DON'T KNOW IF WE'RE GONNA FIND ONE OR HOW LONG WE'RE GONNA HAVE TO WAIT TO GET ONE.
BUT THAT'S THE INTENTIONS WERE RIGHT TO TRY AND MAKE SURE WE HAVE A TRUCK OTHER THAN THE ONLY ONE WE HAVE THAT'S, YOU KNOW, ON THE YARD TODAY.
BUT THE MEANS WERE WRONG BECAUSE WE DIDN'T KNOW ABOUT THE CAPITAL LEASE PROCESS TO CONVERT FROM RENTAL CAPITAL LEASE.
SHOULD WE HAVE COME BACK TO LET YOU ALL KNOW? A HUNDRED PERCENT.
UM, HOW, HOW MANY VECTOR TRUCKS DO WE HAVE? AND IDEALLY, HOW MANY DO WE NEED FOR OUR CITY? OKAY.
AT THE MOMENT WE HAVE, UH, WE RECEIVED FROM LAST OR THIS BUDGET YEAR, TWO SMALL JET TRUCKS THAT REPLACED TWO OLD JET TRUCKS.
THE OLD ONE HAS COMPLETELY FAILED AND WILL BE SALVAGED.
THE OTHER ONE, WE'RE KEEPING IT AS A BACKUP.
IT, IT'S NOT SOMETHING YOU CAN USE EVERY DAY, BUT IT DOES WORK.
SO THAT SAID, WE HAVE TWO NEW, THESE ARE SMALL UNITS.
[02:00:02]
UH, WE HAVE THE BIG RED UNIT THAT WE BOUGHT THAT'S USED, UH, THAT OPERATES QUITE WELL.IT'S, IT'S VERY, IT'S THE SIZE OF THE ONE THAT DRAINAGE HAS.
I THINK PEOPLE HAVE SEEN IT RUNNING AROUND.
IT'S A VERY LARGE TANDEM AXLE.
WE HAVE THE OLD BLUE ONE THAT'S A SINGLE AXLE.
THAT IS WHAT WE ULTIMATELY WANT TO REPLACE.
AND IT, AGAIN, IT ONLY OPERATES AS A JET TRUCK.
THE BIG USE THAT IT HAS AS A VACUUM TRUCK IS A SMALL UNIT IS WE HAVE A LOT OF SMALL LIFT STATIONS LIKE ON VICKSBURG, THAT THERE'S REALLY NO ACCESS ROAD TO IT.
IT NEEDS TO BE CLEANED ON A REGULAR BASIS TO CLEAN THE FLOAT, FLOATING, FLOATING MATERIALS OFF THE TOP.
IT ALSO NEEDS A DEEP CLEAN, BUT THAT'S SOMETHING OUR CREWS CAN'T DO.
IT'S VERY SPECIALIZED TO GO IN AND CLEAN THE SLUDGE OUT.
SO WE HAVE ONE VECTOR DROPPING INTO ONE.
YEAH, WE HAVE ONE BIG ONE AND WE NEED A, WE NEED A SMALL ONE.
AND THE, THE BIG ONE IS, YOU KNOW, RIGHT NOW IT GETS USED IN AREAS WHERE THE SMALL ONE WOULD, WOULD BE PREFERABLE.
BUT, UH, YOU KNOW, IF WE GET A NEW SMALL ONE, IT'LL BE AN AUTOMATIC, IT'LL BE OPERABLE BY MORE PEOPLE.
BUT WHEN THE BIG ONE COMES, WE HAVE TWO.
WE'RE TRYING TO GET SUPPORT, PEOPLE TRAINED TO GET 'EM, YOU KNOW, WHERE THEY CAN DRIVE A, A MANUAL TRANSMISSION.
SO FOR A CITY OF THE SIZE OF PORT AUTHOR OPTIMALLY, TWO IS, IS WHAT WE'RE LOOKING AT.
WE CAN PUT ONE TO DO THE CLEANING, THE PREVENTATIVE MAINTENANCE ITEMS AND ONE TO GO, GO AND ATTACK THE BLOCKAGES AND THE PROBLEMS WE HAVE IN THE SYSTEM.
ANY OTHER, ANY OTHER DISCUSSION? OKAY.
WE THANK YOU ALL FOR YOUR PRESENTATION.
SO WHEN LIKE WE DID THIS AND WE DIDN'T COME BACK, WOULD THAT, AND I, I GUESS I'LL GET WITH VAL.
IT WOULDN'T BE A RESOLUTION, IT WOULD JUST BE A MEMO TO COUNCIL TO SAY WHY WE CHANGE OUR MIND.
UM, I DON'T REALLY KNOW HOW TO COME BACK TO YOU.
THAT WOULD BE THE CITY MANAGER'S MANAGER WILL LET US KNOW.
YOU, YOU LET THE MANAGER KNOW HE'D GET WITH US.
[III.E.(3) A Discussion And Possible Action Regarding The Conduct Of City Council Meetings (Requested By Councilmember Doucet)]
NEXT WE HAVE A DISCUSSION NUMBER THREE, A DISCUSSION AND POSSIBLE ACTION REGARDING THE CONDUCT OF CITY COUNCIL MEETINGS.AND THIS HAS BEEN REQUESTED BY COUNCIL MEMBER DOUCETTE.
HOPE THIS ONE WON'T BE THIS ONE.
THE REASON I PUT IT ON THE, UH, AGENDA FOR DISCUSSION IS, I DON'T KNOW IF ALL COUNCIL MEMBERS KNOWS, BUT WE DO HAVE AN ORDINANCE THAT, UH, ACTUALLY GOVERNS THE REGULAR MEETINGS.
OUR REGULAR MEETINGS ARE, ARE LAID OUT BY ORDINANCE AND IT BASICALLY SAYS THAT EVERY TUESDAY WITH ALTERNATING MORNING AND EVENING MEETINGS THAT UH, WE HOLD, UH, THESE DAYS TIME AND PLACE ARE PLACED ARE PUT OUT TO THE PUBLIC.
SO WE AS COUNCIL MEMBERS SHOULD UNDERSTAND THAT OUR REGULAR MEETINGS ARE NOT OUR MEETINGS.
THEY'RE SCHEDULED AND THEY'RE FOR THE PUBLIC TO COME AND SEE US IF THEY CHOOSE OR LISTEN TO US ON VIDEO.
BUT THEY'RE THE REGULAR MEETINGS, THEY'RE NORMALLY DONE IN A YEAR.
WE BEGIN DO 'EM FOR THE WHOLE CALENDAR YEAR.
AND THIS ORDINANCE ALSO STATES THAT, UH, IF THE MEETING ENDS UP ON A HOLIDAY STATE NATIONAL ON, THEN THE NEXT AVAILABLE DAY IS WHEN WE CONDUCT THE MEETING.
IT ALSO STATE THAT IF THE MEETING WAS SUPPOSED TO BE A MORNING MEETING, THEN THAT RESCHEDULED MEETING WILL BE A MORNING MEETING.
SO WE HAVE TO STAY ON THE EVENING, MORNING ROTATION AND IT DONE ON, ON, UH, TUESDAY.
SO WE NEED TO MAKE SURE THAT WE UNDERSTAND THAT AND WE FOLLOW THE ORDINANCE.
AND THE ORDINANCE SAYS WE SHALL.
AND WHEN IT SAYS SHALL, IT DOESN'T LEAVE US AN OPTION.
IF IT SAYS MAID, THEN IT'S OUR OPTION.
BUT IF IT'S SHALL, THEN WE SHOULD, BUT THE ONLY THING I'VE SEEN WITH THIS ORDINANCE, IT NEEDED TO BE AMENDED.
AND THAT'S WHY I SAID FOR POSSIBLE ACTION.
UH, IT HAS EIGHT 30 AND WE DO THE MORNING MEETINGS AT NINE 30.
AND, UH, WE NEED TO CHANGE THAT.
HOWEVER, SINCE I PUT THIS ON WITHOUT OTHER COUNCIL MEMBERS HAVING TO REALLY LOOK AT IT AND HAVING THE TIME TO SEE, RATHER THAN TRYING TO MAKE THE CHANGES AT THE NEXT MEETING, UH, WE SHOULD ALL REVIEW IT.
[02:05:01]
DASH 51, CHAPTER TWO IN THE CHARTER.SO IF COUNCIL MEMBERS WOULD JUST GO BACK AND LOOK OVER THAT ONE, UH, BETWEEN NOW AND NEXT MEETING, AND THEN I'LL BRING THIS BACK WITH A COMMEND, WITH A, A RECOMMENDATION TO AMEND THE TIMEFRAME.
AND IF COUNSEL CHOOSES TO CHANGE THE TIMEFRAME OR DISCUSS IT, THEN WE'D HAVE A BETTER DISCUSSION CUZ EVERYBODY WOULD'VE BEEN READ IT, UNDERSTOOD WHAT I WAS TALKING ABOUT.
SO AT THIS TIME, I WON'T TAKE ANY ACTION.
UH, BUT I'LL JUST, BUT I DO WANT
UH, COUNCILMAN BECKER? THANK YOU MAYOR.
WHERE DID YOU SAY THIS IS IN THE CITY CHARTER? CHAPTER TWO.
WHEN YOU GO IN CHAPTER TWO, IT'S UNDER ADMINISTRATION.
AND THEN IT'D BE SECTION CITY, CITY ATTORNEY.
IT'S IN THE CODE OF ORDINANCE.
CITY SECRETARY, AM I CORRECT ON THIS? IN THIS THINKING THAT WE DID CHANGE IN THIS CODE OF ORDINANCES, THAT MEETINGS WOULD BE AT NINE 30 AND, AND NOT EIGHT 30.
OH, THE, UM, WE DID SOME RESEARCH DURING ALL OF THIS CAME ABOUT DURING, UM, THE PANDEMIC.
AND THE LAST THING I FOUND THAT WE DID SINCE THE PANDEMIC STARTED WAS IN, UH, 2020 DASH 1 22.
IT WAS AN ORDINANCE HAVING THE MEETING START AT 11:00 AM THAT WAS WHILE WE WERE HOLDING ZOOM MEETINGS.
BUT WHEN WE RETURNED TO LIVE MEETINGS, OUR HYBRID MEETINGS WHERE ON ZOOM AND IN PERSON, WE DID NOT CHANGE IT FROM 11 TO NINE 30.
AND IT, IT WAS JUST SOMETHING THAT WAS ASKED, BECAUSE I KNOW WHEN I CAME ON IT IN 19 9 30 WAS THE TIME THAT THAT, THAT THEY WERE, THEY WERE, THEY WERE.
I THINK YOU SAID AFTER, UH, UH, UH, THE COVID, AFTER WE CAME BACK TO IN-PERSON MEETINGS, WE AND ZOOM, WE NEVER CHANGED IT IN, WE CHANGED IT TO THE CODE OF ORDINANCES.
GO AHEAD, COUNCIL AND, UH, UH, CITY SECRETARY, SIR, HOW ABOUT JUST PUTTING IT BACK ON FOR DISCUSSION, POSSIBLE ACTIONS FOR THE NEXT MEETING? YES, SIR.
AT WHICH TIME ALL COUNCIL MEMBERS, IF THEY HAVE READ IT DIDN THEY HAVE ANY INPUT? OKAY.
ALRIGHT, NOW WE GOOD WITH THAT PORTION OF IT.
NOW WE'RE GOING TO MOVE TO, UH,
[V. REPORTS / ITEMS OF COMMUNITY INTEREST]
FROM NU FIVE ON PAGE THREE OF REPORTS AND ITEMS OF COMMUNITY INTEREST.UH, I'D LIKE TO BEGIN WITH THIS.
WE HAVE SOME EMPLOYEES, AND I HOPE I DON'T GET IT WRONG.
WHO WOULD RECOGNIZE FOR A COURSE COMPLETION? I THINK IT, IT WOULD, UH, TML, UH, WAS, WAS THAT MS. FLO ROBERTS? AND, AND, AND WEREN'T YOU INCLUDED IN THAT MS. MS. UH, LANSFORD? NO.
SO MS. FLO ROBERTS AND, AND, AND MS. DARLENE, UH, PIERRE WERE RECOGNIZED FOR HAVING COMPLETED IT.
I DON'T HAVE THE ACRONYM UP HERE.
DO YOU KNOW THE NAME OF WHAT THEY COMPLETED? JUST FOR THE RECORD.
AND WE WANT TO RECOGNIZE THEM AND, UH, APPLAUD THEM FOR THEIR, UH, EDUCATIONAL PURSUITS.
GOOD AFTERNOON, MAYOR COUNSEL.
UM, MS. FLORE ROBERTS AND MS. DARLENE THOMAS PIERRE, UM, ATTENDED A 14 WEEK PROGRAM, UM, THAT IS, UM, NATIONALLY ACCREDITED.
UM, HOWEVER, IT'S THROUGH THE STATE OF TEXAS IS ONE OF THE, UH, CONSORTIUMS WITHIN THIS PROGRAM.
AND IT'S CALLED THE CERTIFIED PUBLIC MANAGER PROGRAM.
UH, SO ON JUNE 15TH, THEY WERE INVITED TO THE STATE CAPITOL, UM, WHERE THEY ATTENDED THE GRADUATION CEREMONY ALONG AMONGST OTHER, UM, PARTICIPANTS WITHIN THAT PROGRAM.
SO WE ARE VERY PROUD OF MS. ROBERTS AS WELL AS MS. PIERRE FOR THEIR COMPLETION OF THE CERTIFIED PUBLIC MANAGERS PROGRAM.
I WANTED TO MAKE NOTE OF THAT.
UH, COUNCIL HAMILTON, THANK YOU.
CONGRATULATIONS TO MS. ROBERTSON AND TO, UM, MS. PIERRE THAT IS CONTINUED EDUCATION IS SOMETHING THAT'S EXTREMELY IMPORTANT.
SO THANK Y'ALL FOR EVEN IN BEING INTERESTED IN PARTICIPATING AND GOING.
MY RECOGNITION IS, AND AGAIN, I APOLOGIZE FOR YOUR LONG WAIT, BUT MY RECOGNITION IS FOR MR. RONNIE AND ROXANNE MOON, WHO ARE SEATED IN THE AUDIENCE TODAY.
THEY ARE RESIDENTS OF PLEASURE ISLAND WHO HAVE CONTINUED TO POUR INTO THE CITY OF PORT ARTHUR OVER THE YEARS BY, UM, COMMUNITY TRASH CLEANUPS IN ADDITION TO FISHING TOURNAMENTS.
AND SO THE CITY OF PORT ARTHUR IS VERY WELL KNOWN FOR OUR FISHING TOURNAMENTS AND OUR BIRD WATCHING, UM, INTERNATIONALLY, BUT FOR THEM TO, ON THEIR OWN,
[02:10:01]
NOT, UM, THEY DIDN'T EVEN ASK US FOR ANY MONEY, BUT, UM, TO HOST THESE TYPES OF EVENTS ON YOUR OWN TO POUR INTO THE CITY.WE TRULY APPRECIATE YOUR EFFORTS AND I DO HAVE SOME PICTURES TO SHARE FROM THAT EVENT WITH THE REST OF COUNCIL SO THAT WE CAN SEE THE COMMITMENT THAT THEY HAVE MADE, UM, TO THE ISLAND AND WE WILL FIGURE OUT HOW WE CAN HELP SUPPORT, UM, THOSE CONTINUED EFFORTS.
ANYONE ELSE? UH, COUNCIL MCKINNON.
UH, MAYOR, UH, REAL QUICK, JUST, UH, MR. MOON, I REALLY APPRECIATE YOU.
EVERY TIME I'M OUT THERE FISHING, UH, YOU ARE THERE.
SO FOR COUNCILMAN DOUCE, MAYOR BARTEE, AND COUNCILMAN FRANK, YOU HAVE THE PICTURE OF THE FIVE FOOT GUARD CART.
SO NEXT TIME YOU COME UP THERE, WE CAN PRESENT THIS AND MAKE SURE THEY SEE IT AND, AND YOU KNOW, THEY UNDERSTAND THAT I'M NOT TELLING FISHING STORIES.
COUNCILMAN LEWIS? YES, ALL HONOR.
UM, APPRECIATE YOU ALL, ALL THE EFFORT.
YOU AND YOUR WIFE, Y'ALL PUTTING IN, HELPING, HELPING US WITH THE ISLAND.
Y'ALL BEEN DOING THAT FOR YEARS AND WE WAS THE ARMY BUDDIES, YOU KNOW THAT.
BUT ANYWAY, APPRECIATE YOUR HELP AND THANKS FOR THE SOUVENIR.
AND WHERE'S MY FISH? MAN? I DON'T FISH ANYMORE.
I JUST SPEND MY TIME DOING THINGS.
I LIVE ON THE ISLAND AND HELPING BRING PEOPLE OUT THERE.
YES, IT'S A PLACE THAT THEY WENT FOR COVID.
IT'S A PLACE WHERE THEY STILL GO.
I FOUND AN OLD T-SHIRT I HAND AT THE HOUSE.
IT SAID WHEN I WORKED FOR EXXON, I STARTED THIS IN 2004.
SO I'VE BEEN GETTING OTHER ORGANIZATIONS AND PEOPLE TOGETHER TO TRY TO HELP END UP DIALING SINCE THOUSAND FOUR.
I DON'T KNOW HOW MANY STREET SWEEPERS YOU HAVE, BUT I NOTICED THE, THE STREET SWEEPER THAT WAS OPERATING A FEW, A FEW DAYS AGO WHEN IT WAS NICE AND DRY, THEY WAS PUTTING OUT MORE, IT WAS KICKING UP, MORE DUSTING THAN IT WAS PICKING UP.
UH, I NEED TO TALK WITH WHO'S IN CHARGE OF THOSE STREET SWEEPERS.
AND, UH, I GAVE A, I GAVE THE PREVIOUS CITY MANAGER A PLAN TO KILL THAT DUST, CLEAN THE NOZZLES, CLEAN, CLEAN THE RESERVOIR, PUT, PUT TWO, UH, COMMUNITY ENTRANCE, PUT A FINE FILTER ON THE INLET, AND A COURSE FILTER, AND THE DUST WILL GO AWAY.
SO, IS BART IN CHARGE OF THAT? OKAY.
IT'S THE PUBLIC OAKS APARTMENT AND I'LL TAKE CARE OF IT.
WE, UH, I DON'T SEE ANY MORE LIGHTS HERE.
[VI.(1) P.O. No. 7146 – An Ordinance Amending Appendix A: Zoning Ordinance Of The City Of Port Arthur By Changing The Zoning On Approximately 1.924-Acre Of Land, A Portion Of Lot 4, Block 7, Port Acres Addition (6194 Jade Avenue), Port Arthur, Jefferson County, Texas (Violation Of This Ordinance Or The Zoning Ordinance Of The City Of Port Arthur Is Punishable As Provided In Section 1-13 Of The Code Of Ordinances As Amended By Fine Not Exceeding Two Thousand [$2,000.00] Dollars); And Providing For Publication In The Official Newspaper Of The City Of Port Arthur Effective Immediately After Publication Date]
AND WE HAVE UNFINISHED BUSINESS.UH, ARE WE STILL GOING TO HANDLE THIS ATTORNEY? I THOUGHT WE ARE, WE DO HAVE THIS MATTER ON THE AGENDA.
WE HAD, UM, HELD IT UNTIL THIS DATE.
UM, I DON'T, OKAY, SO WE, I'LL LET MS. LANGFORD SPEAK ON, YEAH.
WE, WE ARE, WE ARE AT, UH, EXCUSE ME, ROMAN NEWMAN, NUMBER SIX, I UNFINISHED BUSINESS ON PAGE FOUR.
IT'S AN ORDINANCE AMENDING APPENDIX, A ZONING, UH, ORDINANCE OF THE CITY OF PORT ARTHUR BY CHANGING THE ZONING ON APPROXIMATELY 1.9 ACRES OF LAND.
UH, A PORTION OF LOT FOUR, BLOCK SEVEN, UH, PORT ACRES EDITION 1694.
JADE IS THE PHYSICAL ADDRESS IN CITY OF PORT ARTHUR.
COUNTY OF JEFFERSON, UH, UH, JEFFERSON COUNTY, TEXAS.
IN VIOLATIONS OF THIS ORDINANCE ARE THE ZONING ORDINANCE, ORDINANCE, ORDINANCE OF THE CITY OF PORT ARTHUR IS PUNISHABLE, EXCUSE ME, AS PROVIDED IN SECTION ONE POINT 13 OF THE CODE OF ORDINANCES AS AMENDED BY FINE, NOT EXCEEDING $2,000, AND PROVIDED FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY OF PORT ARTHUR, EFFECTIVELY, EFFECTIVELY, IMMEDIATELY AFTER PUBLICATION DATE.
AND IT'S IS, UH, Z 23 DASH ZERO THREE.
AND THERE'S LOUIS ESPINOZA, THE WAY IT'S ACTUALLY STYLED, UH, PUT FOUR.
GOOD AFTERNOON, HONORABLE MAYOR COUNCIL, AND MEMBERS OF THE DAY IS ON MAY THE NINTH OF 2023.
THE PORT ARTHUR CITY COUNCIL DID CONDUCT A PUBLIC HEARING, UM, TO DISCUSS THE REZONING OF THE PROPERTY, AGAIN, LOCATED AT 61 94 JADE AVENUE HERE IN PORT ARTHUR, TEXAS.
THIS PROPERTY IS LEGALLY DESCRIBED AS 1.9 ACRES OF LAND CONSISTING OF PART OF LOT FOUR, BLOCK SEVEN OF THE PORT ACRE SUBDIVISION.
THE PUBLIC HEARING DID BEGIN AT 6:00 PM AND
[02:15:01]
LARRY BATON, WHO IS OUR PLANNING AND DEVELOPMENT SERVICES MANAGER, PROVIDED COUNSEL WITH AN OVERVIEW OF THIS REQUEST.UM, WHAT I PASSED OUT HERE FOR YOU TODAY WAS THE, UM, PRESENTATION THAT WAS PROVIDED BY MR. BARON AT THAT MAY 9TH MEETING.
MEMBERS OF THE COMMUNITY DID ATTEND THIS MEETING TO VOICE THEIR OPPOSITION BASED ON THE FOLLOWING CONCERNS.
ONE OF THE CONCERNS WOULD NOT THAT CITIZENS THOUGHT, OR THE MEMBERS THAT ATTENDED, UM, FELT THAT THERE WAS NOT ENOUGH LAND FOR MORE THAN ONE HOME TO BE CONSTRUCTED ON THAT PROPERTY.
ANOTHER CONCERN WAS THAT THE INTERSECTION OF JADE AND 61ST STREET WAS VERY BUSY, UM, IN TERMS OF TRAFFIC THAT, UM, THE RIGHT OF WAY WAS USED AS A SHORTCUT FOR HEAVY VEHICLES, WHICH THEY BELIEVE WOULD CAUSE A PROBLEM FOR ADDITIONAL DEVELOPMENT.
UM, THEY ALSO MENTIONED THAT THERE WAS A CAVE-IN AT THE CORNER DUE TO A WATER LEAK, SEWER AND DRAINAGE ISSUES.
INSTANCES OF GUNFIRE, SINCE RENOVATION WORK BEGAN AT THE EXISTING STRUCTURE THAT'S CURRENTLY ON THAT PROPERTY, UM, THEY BELIEVE THAT IT WOULD HAVE NEGATIVE EFFECTS ON THE PROPERTY VALUES.
AND ONE MEMBER, ONE CITIZEN ALSO MENTIONED CONCERNS WITH CONSTRUCTION WORKERS COMING IN THE AREA TO CONSTRUCT THE NEW HOMES DUE TO HER HAVING SMALL CHILDREN.
THERE WERE REPRESENTATIVES, UH, FOR THE DEVELOPER WHO ALSO ATTENDED THAT MEETING, DID THAT DID EXPRESS THEIR DESIRE TO CONSTRUCT THESE SINGLE FAMILY HOMES.
AND WHAT WAS BEING RECOMMENDED, AND I HAVE SOME PICTURES HERE, THERE IS AN EX, EX EXISTING STRUCTURE THAT SITS ON THAT CORNER, UM, THAT IS CURRENTLY UNDER RENOVATIONS.
IF YOU GO TO THE NEXT PHOTO, THE PROPERTY IN THE REAR IS WHERE THEY ARE, UH, PROPOSING TO BUILD THREE ADDITIONAL SINGLE FAMILY RESIDENCES ON THIS PROPERTY IN ACCORDANCE WITH CHAPTER TWO 11, SECTION TWO 11.006 F OF THE TEXAS LOCAL GOVERNMENT CODE.
BECAUSE THIS ITEM DID GO TO THE PLANNING AND ZONING COMMISSION, I BELIEVE IT WAS APRIL 17TH OF THIS YEAR.
AND THE PLANNING AND ZONING COMMISSION RECOMMENDED THAT THIS CASE BE DENIED.
IT FORCES A SUPER MAJORITY VOTE OF COUNCIL AT THE MAY 9TH MEETING.
UM, WE WERE JUST OFF OF ELECTION, THEREFORE, UM, POSITION, I'M SORRY, COUNCIL, UM, DISTRICT THREE WAS UNFILLED.
UM, WE DID NOT HAVE ENOUGH MEMBERS OF SITTING COUNCIL AT THE TIME TO, UH, SAFELY MAKE THAT SUPER MAJORITY VOTE.
SO THE ITEM WAS TABLED UNTIL TODAY FOR COUNCIL TO RECONSIDER THIS CASE AND TO VOTE IN ACCORDANCE WITH CHAPTER TWO 11 OF TEXAS LOCAL GOVERNMENT CODE.
UH, COUNCILMAN, UH, EXCUSE ME.
UM, THE, IS IT OKAY, VAL, TO DISCUSS WHAT WE, WHAT THE PURPOSE OF DENIAL WAS OR WHAT, WHAT OUR DISCUSSION WAS AT THE LAST MEETING? NO, I MEAN, YOU NO, YOU HAD THE MINUTES CAN STAND THE, THE DAY HAVE VOTED.
AND SO IT'S UP TO THE COUNCIL NOW TO MAKE THAT DECISION.
ARE YOU ASKING WHAT THE REASONING OF THE BOARD WAS? MM-HMM.
SO THE ONLY ISSUE IS, UH, WHAT THE COUNCIL WANTS TO DO NOW, UH, THE COUNCIL CAN TALK ABOUT THE MERITS OF THE ISSUE THEMSELVES.
BUT I DON'T THINK IT WOULD BE NECESSARY FOR THE COUNCIL TO REHASH WITH ANOTHER BOARD, YOU KNOW WHAT I'M SAYING? OKAY.
THE COUNCIL CAN TALK ABOUT EVERYTHING GERMANE TO THIS FOR THEIR OWN, UH, KNOWLEDGE AND, AND DECISION MAKING.
WELL, I HAVE SOME INFORMATION THAT I'D LIKE TO OFFER TO COUNSEL BEFORE WE MAKE OUR DECISION.
ON THIS ITEM, I SPOKE WITH THE DEVELOPER IN ADDITION TO, UM, RECEIVING PLANS THAT WERE PROVIDED, WHICH ARE FOR TWO, UM, WHICH ARE FOR THREE BEDROOM, TWO CAR GARAGES, TWO, THREE BEDROOM, TWO BATH, TWO CAR GARAGE HOMES THAT HE WANTS TO SELL.
IN ADDITION TO THAT, UM, THIS MORNING, UM, RIGHT AT 10 O'CLOCK, UM, MR. CARD, CARD CONTRERAS, MR. CONTRERAS
[02:20:01]
IS THE ACTUAL BUYER OF THE, UM, INTENDED BUYER OF ONE OF THE PROPERTIES THAT WANTS, THAT HE WANTS TO BE BUILT.HE ALSO EXPRESSED INTEREST IN PURCHASING TWO INSTEAD OF ONE OF THOSE LOTS, SO THAT HE CAN ACTUALLY BUILD A HOME THAT'S LARGER THAN THE THREE BEDROOM, TWO BATHROOM, TWO CAR GARAGE THAT'S BEING, UM, PROPOSED IN THE, IN THE PLANS THAT WERE PROVIDED TO, TO US BY MR. ESPINOZA.
SO I JUST WANT US TO TAKE INTO CONSIDERATION THAT THESE HOMES, THESE, UM, STRUCTURES THAT ARE BEING BUILT ARE MEANT FOR HOMES TO BE SOLD, NOT FOR HOMES TO BE RENTED.
I WENT OUT THERE AND I'VE TAKEN A LOOK AT THE PROPERTY.
THE STRUCTURE YOU SEE THERE IS A LARGE PORTION OF THE FRONT, AND THEN I GUESS THE BACK WHERE THEY CLEARING THE TRADES OF THE PORTION THAT THEY WANT TO PUT ON, UH, BUILD HOUSE, THEY'RE THERE, CLEARED IT OUT.
THE PROBLEM IS THAT THAT HOUSE THERE IS RIGHT AT THE INTERSECTION OF 61ST.
AND JAY, LIKE THEY SAID, JAY IS A VERY BUSY AVENUE OF THOROUGHFARE OUT THERE, AND I COULD SEE WHY THE CITIZENS HAD A CONCERN.
THE OTHER THING IS, IF HE PUT HOUSES IN THERE, AND HE SAID, HOW MANY HOMES? THREE.
YOU PUT THREE HOMES IN THERE, THEN YOU'RE TALKING ABOUT HAVING THE DRIVEWAYS COMING OFF OF JADE RIGHT THERE IN THAT SECTION NEAR THE INTERSECTION.
I COULD SEE WHERE THERE WAS A PROBLEM.
UH, EVIDENTLY THE CITIZENS WHO OUT THERE WHEN THEY WENT BEFORE PLANNING AND ZONING, EXPRESSED THEIR CONCERNS ABOUT THOSE THINGS I JUST MENTIONED, THAT'S PROBABLY WHY PLANNING AND ZONING, UH, RECOMMENDED NOT TO APPROVE IT.
YESTERDAY, AND I I AGREE IT'S GONNA BE CONGESTED AND YOU KNOW, YOU GOING TO PUT 'EM IN THERE AT THAT INTERSECTION, THAT MAIN AREA, OFWHERE AND THE CITIZENS DISAGREED, THEN, UH, THEY HAVE A POINT, YOU KNOW? SO THAT'S ALL I HAVE TO SAY ABOUT IT.
UH, COUNCILMAN HOODS, WHAT IS IT? WHAT IS THE CURRENT ZONING? THE CURRENT ZONING IS, UM, WHAT WE NOW CALL COMMERCIAL RETAIL, FORMALLY REFERRED TO AS LIGHT COMMERCIAL.
IT'S LIGHT COMMERCIAL CURRENT.
SO WHAT, WHAT DO THEY WANT TO CHANGE IT TO? THEY WANNA CHANGE IT TO THE MOST RESTRICTIVE ZONING IN THE CITY, WHICH IS SINGLE FAMILY NOW BEING REFERRED TO AS LOW DENSITY RESIDENTIAL.
BUT THE OWNER, THE OWNER IS THE ONE THAT'S ASKING FOR THE, UH, WELL, THAT'S A GOOD THING.
NO COMMERCIAL BUSINESS WON'T BE GOING IN THERE, BUT WHAT I'M CONCERNED ABOUT IS, UH, AND I DON'T THINK IT'S A LEGITIMATE CONCERN AT THIS TIME SINCE THEY DOWNGRADING IT.
THE OWNER OF THE PROPERTY IS THE DEVELOPER.
UM, THEY DID SUBMIT A STATEMENT TO THE PLANNING AND ZONING COMMISSION.
I'M, I'M SORRY, TO, UM, THE CITY REGARDING THIS CASE.
UM, THE NAME OF THE OWNER AS WELL AS THE CONS, THE CONTRACTOR IS GUFF EXPRESS CONSTRUCTION, LLC.
UM, AND THE NOTICE STATES, TO WHOM IT MAY CONCERN, THIS NOTICE IS INTENDED TO CLARIFY A SITUATION THAT CONCERNS US.
ON APRIL 17TH, 2023, IT WAS HELD A MEETING AT THE CITY OF PORT ARTHUR, PLANNING AND ZONING WITH THE INTENTION TO REPLANT AND REZONE FROM COMMERCIAL TO RESIDENTIAL.
THE PROPERTY LOCATED AT 61 94 JADE AVENUE, THE PROPERTY WAS PURCHASED BACK IN DEC ON DECEMBER 19TH, 2022.
IN HOPES TO BUILD NEW CONSTRUCTION HOUSES AND REMODEL AND SELL THE CURRENT HOUSE IN THE CORNER OF THE PROPERTY, WHICH IS UNDER CONTRACT ALREADY, AND IT WILL BE SOLD TO A FAMILY ONCE ALL THE MISUNDERSTANDINGS ARE SOLVED.
IT WAS TOLD TO US ABOUT NEIGHBORS AT THE MEETING COMPLAINING ABOUT CRIME AND PREVIOUS PEOPLE THAT LIVED OR TRESPASSED AT THAT HOUSE.
WE ARE NOT RELATED OR LINKED AT ALL WITH SUCH WRONG ACTIVITIES.
WHEN WE PURCHASED THE PROPERTY, WE NOTICED THERE WAS INDICATION OF PEOPLE TRESPASSING AND STAYING OVERNIGHT.
WE CHANGED THE LOCKS AND GOT EVERYTHING ON TRACK TO FLIP THE PROPERTY AND MAKE IT PROPER TO SELL IN.
[02:25:01]
NO, IN NO MOMENT HAVE WE INTENDED TO RENT OR BILL HOUSES FOR RENTAL.WE HAVE NO IDEA WHAT THE RUMORS ARE ABOUT OF US RENTING THE PROPERTY.
THAT WAS ONE OF THE THINGS THAT WAS BROUGHT TO THE PLANNING AND ZONING COMMISSION.
SO THEY WERE CONCERNED ABOUT IT BEING IT'S POSSIBLE RENTAL STUFF.
WHEN IT CAME TO THE PLANNING AND ZONING COMMISSION? YES, SIR.
I THINK WE CAN, CAN THE COUNCIL PUT RESTRICTIONS IN THAT? WE HAVE DONE THAT IN THE PAST.
I WOULD HAVE TO DEFER TO THE LEGAL DEPARTMENT.
WE COULD NOT UNDER THE CURRENT ZONING ORDINANCE.
WHAT TYPE OF RESTRICTION? LET ME MAKE SURE I UNDERSTAND YOUR QUESTION.
LET MAKE SURE THEY DON'T MAKE SURE THERE'S, IT'S NO RENTAL STUFF.
NO, WE CAN'T RESTRICT A PROPERTY OWNER FOR THE MANNER IN WHICH THEY USE THEIR PROPERTY.
IF YOU, WE CAN'T, WE CAN'T RESTRICT SOMEBODY FOR WHAT THEY DO WITH THEIR PROPERTY, BUT THEY ARE, THEY'VE STATED THEIR INTENTIONS, YOU KNOW, BUT YOU CAN'T RESTRICT THE PERSON THAT OWNS PROPERTY FROM WHAT THEY CAN DO TO IT.
UH, COUNCILMAN FRANK? OH, OKAY.
THIS PICTURE RIGHT HERE IS, IS THIS STREET THAT'S RUNNING IN FRONT OF THIS PROPERTY, IS THAT JADE OR IS THAT 61ST STREET? THAT IS 61ST STREET.
SO JADE RUNS THE, THE LONG WAY ON THE PROPERTY.
LINDSEY, CAN YOU SWITCH? SO THAT'S JADE, GO TO THE NEXT, OKAY.
YOU CAN SEE JADE OFF TO THE RIGHT HAND SIDE OF THIS PHOTOGRAPH.
UM, I'D LIKE TO SAY TOO, THAT I'VE BEEN CONTACTED BY A FEW, UH, RESIDENTS IN PORT ACRES IN DISTRICT FOUR, AND THEY'VE EXPRESSED THE SAME CONCERNS TO ME THAT YOU JUST RECITED EARLIER.
AND PROBABLY SOME OF THE SAME CONCERNS THAT THEY'VE EXPRESSED TO COUNCIL MEMBER DOUCETTE.
ANY OTHER, UH, DISCUSSION? I PERCEIVE THAT THERE ISN'T ANY.
SO ON THIS, UH, WE'LL TAKE A MOTION.
IT'S TO, UH, APPROVE OR DISAPPROVE.
MAYOR, TO PUT IT ON THE FLOOR.
MAY I GET A SECOND? COUNCILMAN DOUCE.
UH, I DID NOT RECOGNIZE, UH, AND WE CAN'T DO THIS.
AS THE MATTER IS NOT ON THE FLOOR YET.
SO THEN AFTER YOU GET ON THE FLOOR, THEN THE INDIVIDUALS MAY SPEAK.
AND SECOND THAT WE WOULD APPROVE, UH, PO NUMBER 71 46 AS READ.
UH, WE READY FOR QUESTION? READY FOR QUESTION? QUESTION, PLEASE STATE YOUR NAME AND YOUR ADDRESS.
GOOD MORNING, MAYOR AND COUNCIL.
ROSALYN, QUEEN 2 2 94 BAYOU DRIVE, PORT ARTHUR, TEXAS.
I AM A RESIDENT OF DISTRICT FOUR.
I HAVE ALSO A MEMBER OF THE P AND Z BOARD.
WHEN, UH, THE OWNERS OR THE BUILDERS OR THE INVESTORS OF THAT PROPERTY CAME TO US, WE DID HAVE A LOT OF THOSE QUESTIONS THAT HAVE BEEN ADDRESSED WITH THE COUNCIL.
MY CONCERN, AND I'M GONNA SPEAK FOR SOME OF THOSE THAT ARE, THAT PROBABLY LEFT BY NOW, UH, WAITING FOR THIS MOMENT TO COME, UM, THAT THEY'RE CONCERNED WITH THE FACT THAT WE CANNOT, AS A CITY, CHANGE THAT PROPERTY FROM PURCHASE TO NON-REAL, IS WHAT I'M HEARING.
SO IF THEY BUILD THESE HOMES FOR $250,000 ON THAT PROPERTY, THEY'RE NOT GONNA SELL 'EM ALL.
NOW, I HEAR THE COUNCIL CONSTANTLY SAY ROOFTOPS, ROOFTOPS.
WELL, MY UNDERSTANDING OF A ROOFTOP IS THAT THEY PAY TAXES.
THEY PAY SCHOOL BOARD TAXES, CITY TAXES.
THAT'S WHAT ROOFTOPS MEAN TO ME, THAT INDIVIDUALS ARE HELPING PAY FOR CITY INFRASTRUCTURE THROUGH TAXES.
AND IF YOU'RE RENTING PROPERTY, THEY'RE NOT, THEY'RE NOT RECEIVING WHAT WE'RE PAYING AS TAX PAYING CITIZENS.
THAT IS ONE OF MY CONCERNS ABOUT THAT.
NOW, IF COUNCIL ALLOWS THIS TO GO ON, YOU HAVE TO REALIZE THAT THERE ARE A LOT OF LAND.
THEY'RE NOT MAKING LAND ANYMORE.
SO WHAT THEY'RE DOING IS TRYING TO SELL LAND TO BUILD ON FOR PROFIT.
I UNDERSTAND, UM, COMPANIES DOING IT, BUT FOR HOMEOWNERS, I THINK WE HAVE SUFFICIENT ROOFTOPS IN CERTAIN AREAS, BUT I THINK ALSO, UH,
[02:30:01]
IN PORT ACRES, IT'S GONNA BE DIFFICULT TO MAINTAIN THOSE HOMES DUE TO THE FACT THAT THEY DO HAVE A LOT OF FLOODING, THEY HAVE DRAINAGE ISSUES.WHY BRING THEM MORE TROUBLE? THAT'S WHAT I'M SAYING.
ANY OTHER DISCUSSION QUESTIONS ON THIS MATTER? OKAY.
COUNCILMAN ETT? NO, YOUR LIGHT IS ON.
UH, WE'RE READY FOR A VOTE ON THIS.
YOU NEED A ROLL CALL SO WE CAN ESTABLISH THE I WAS WAITING FOR, SO TO SAY THAT SUPER MAJORITY.
A CITY, UH, WHAT? WAIT MINUTE YOU TURN YOUR LIGHT ON.
NO, I WAS TAKING YOU TO SPEAK.
[VII. CONSENT AGENDA]
TO THE CONSENT AGENDA AND THE CONSENT AGENDA.WE HAVE FILED AN ITEMS, UH, UH, PRESENTED FOR CONSIDERATION AND THE BACKGROUND ON THE, ON THESE ITEMS HAS BEEN GIVEN TO, UH, COUNCIL PERSONS.
BE THERE ANY ITEMS WE WOULD WANT.
WITHDRAWN, WOULD YOU PLEASE STATE THE PAGE AND THE ITEM NUMBER OF COUNCILMAN? UH, DO SET 12 ON SEVEN ON PAGE SEVEN.
10 ON SIX ON PAGE SIX, NUMBER 10.
OKAY, BECAUSE, UH, YOU WANNA PULL THAT? YES.
UH, CITY, UH, EXCUSE ME, MAYOR NUMBER THREE ON PAGE FIVE, NUMBER THREE ON PAGE FIVE.
UH, COUNCIL MCKEN, PUT COUNCILMAN FRANK, DO YOU HAVE ANOTHER? WELL, MAYOR, I DID WANT MAKE ONE POINT OF ORDER.
WE, BEFORE WE GET THERE, WE DID NOT, CAN WE COME BACK TO, UH, ITEMS OF COMMUNITY INTEREST? CUZ WE DID SKIP THAT.
YOU, OH, I MUST HAVE, NO, I MUST HAVE BEEN.
WE, I'LL GIVE YOU A APPOINTMENT A MOMENT AT ANOTHER TIME.
UH, NOW WHAT I'D LIKE TO OFFER IS GET A MOTION FOR APPROVAL OF THE CONSENT AGENDA WITH THE EXTRUSION OF THE ITEMS REQUESTED FOR WITHDRAWAL NUMBERS THREE, SIX, UH, EXCUSE ME, 10 AND 12, I BELIEVE IT IS.
NUMBERS 3, 6, 10, AND 12 WITH THE EXCLUSION OF THOSE.
MAY I GET A MOTION FOR APPROVAL? UH, COUNCILMAN LEWIS MOTION FOR APPROVAL? MAY I GET A SECOND? COUNCILWOMAN, UH, HAMILTON SECOND.
EXCUSE ME, THAT WE WOULD APPROVE THE CONSENT AGENDA AS UH, STATED WITH THE STATED, UH, EXCLUSIONS.
SO IT IS ALL THE CONSENT AGENDA IS APPROVED AS READ NOW FOR THE ITEMS TO BE HANDLED INDIVIDUALLY.
ITEM NUMBER THREE, MAYOR, I'D LIKE TO REQUEST THAT THE COUNSEL ALLOW ME TO DO 12 BEFORE THREE BECAUSE I HAVEN'T WON A MY APPOINTMENT.
[VII.C.(12) P.R. No. 23228 – A Resolution Authorizing The City Manager To Execute Change Order No. 2 Between The City Of Port Arthur And Allco, LLC, Of Beaumont, Texas For The Widening Of 7th Avenue And Excavation On 8th Avenue On The 2022-2023 Street Rehabilitation Project – District 1 For The Amount Of $522,526.30. Funds Are Available In The Street Capital Fund Account No. 307-21-053-8517- 00-10-000]
UH, PAGE SEVEN, IF YOU DON'T MIND.IT IS A RESOLUTION AUTHORIZED IN THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER TWO BETWEEN THE CITY OF PORT ARTHUR AND ALCO, L L C OF BEAUMONT, TEXAS FOR THE WIDENING OF SEVENTH AVENUE AND EXCAVATION OF
[02:35:01]
EIGHTH AVENUE ON THE 20 22 20 23 STREET REHABILITATION PROJECT.DISTRICT ONE FOR THE AMOUNT OF $522,526 AND 30 CENTS.
FUNDS ARE AVAILABLE IN THE STREET CAPITAL FUND.
ACCOUNT NUMBER 3 0 7 DASH 21 DASH 0 5 3 DASH 8 5 1 7 DASH ZERO ZERO DASH ONE ZERO DASH ZERO ZERO.
MAY I GET A MOTION FOR APPROVAL? COUNCILMAN KEN LAW? SO MAY I GET A SECOND? COUNCILMAN FRANK? SECOND.
AND SECOND THAT WE WOULD APPROVE THIS, UH, PRRA AS STATED.
READY? WE READY FOR QUESTION? UH, COUNCILMAN, UH, DOUCETTE? YES.
UH, WHO MADE THIS REQUEST? CITY MAN.
IT'S AN ENGINEERING REQUEST, BUT RIGHT.
THE FIRST, THE FIRST UH, STREET WAS, UH, EIGHTH.
THAT'S WHERE THEY TALKING ABOUT DURING CURVES, UH, AND DRIVEWAYS.
THEN ON SEVENTH AVENUE, YOU'RE TALKING ABOUT WIDENING SEVENTH AVENUE FROM PROCTOR TO FIFTH STREET, WHICH IS TWO BLOCKS.
AND, UH, IF YOU LOOK DOWN THAT STREET AND YOU DRIVE IT, IT'S ACTUALLY, UH, THE SAME WIDTH ALMOST FROM PROCTOR ALL THE WAY TO, UH, LOUIS DRIVE.
SO THAT MEAN YOU'RE GONNA BE DOING, RIDING TWO BLOCKS OF A STREET, AND THEN YOU HAVE THE OTHER BLOCKS THERE, THE SAME WIDTH.
THE OTHER THING IS, YOU'RE, YOU ARE ASKING TO DO CURB AND GUTTER ON SEVENTH STREET ON SEVENTH AVENUE.
BUT IF YOU DO CURB AND GUTTER FOR THOSE TWO BLOCKS, THEN YOU GOT THE WHOLE REST OF THE STREET.
BUT IF YOU GO ON EIGHTH STREET, WE TALK ABOUT DRAINAGE IN THAT AREA.
YOU GOT A RESIDENT THERE WITH ASPHALT OVER THE CUPBOARD WITH A LITTLE PIPE THROUGH IT.
AND THEN THEY WENT TO THE NEXT PORTION OF THE DRIVEWAY AND THEY JUST COVERED THE WHOLE, UH, COVERED WITH, NOT COVERED A GUTTER.
SO YOU'RE TALKING ABOUT DRAINAGE.
I COULD SEE WHERE THAT MIGHT BE DRAINAGE PROBLEM, BUT, UH, WE GOT A LOT OF THING IN THERE.
SO WHEN I LOOKED AT THIS, WE SAY $522,526 MM-HMM.
THEY DON'T EVEN TELL ME WHAT, WHAT THEY'RE DOING FOR THE 526,000.
SO I, I MEAN, I, HOW AM I SUPPOSED TO, UH, COUNCIL MEMBER, THIS IS STRICTLY YOUR DECISION.
THIS ROAD WAS NOT PART OF THE ORIGINAL CONTRACT.
WE SAW AN OPPORTUNITY TO IMPROVE IT.
UM, WE'RE DOING EIGHTH AVENUE.
UM, THERE'S A CHURCH ON PROCTOR STREET THERE THAT SEES A LOT OF TRAFFIC AND UH, LIKE I SAID, IT'S COMPLETELY THE COUNCIL'S DECISION, BUT, UH, THE WORK HAS NOT BEEN DONE YET.
SO IT'S UP TO COUNCIL TO DECIDE IF THEY WANT TO DO IT.
THAT'S MY MAIN THING THAT I'M, I'M SEEING, YOU KNOW, WE'RE GETTING A LOT OF THINGS THAT WE ARE DOING ON THE RUN.
UH, THERE ARE CERTAIN STREETS THAT HAVE BEEN SELECTED TO BE DONE THIS YEAR, AND THERE ARE FUNDS THAT WERE ALLOCATED FOR THESE PARTICULAR STREETS.
SO THOSE ARE WHAT COUNCIL APPROVED.
AND IF WE KEEP TAKING PROJECTS THAT WE DIDN'T ALLOCATE IN THE BUDGET IDENTIFIED, THEN WE ARE NOT REALLY STICKING WITH IT AND WE SPENDING MONEY.
BUT I UNDERSTAND WHAT YOU'RE SAYING, BUT THAT'S 526.
CAUSE I SAID, HOW CAN WE HAVE A CHANGE ORDER? SO THIS IS NOT REALLY A CHANGE ORDER.
THAT IS A, A BRILLIANT OBSERVATION.
THEN I TELL YOU WHAT, THEN CITY MANAGER, WHY DON'T WE GET THIS ONE BACK? IF IT,
[02:40:01]
IF THEY WANT TO BRING IT TO US AS A PROJECT AND ACTUALLY DO IT, FINE, BUT LET'S NOT SAY A CHANGE ORDER.SO I, UH, I'LL MOVE, I'LL MAKE A MOTION THAT WE REMOVE THIS FROM THE AGENDA, AND IF THE, UH, ENGINEER AND THE MANAGER WANTS TO BRING IT BACK TO US, UH, AS A REQUEST, THEN WE DO SO.
BUT RIGHT NOW, THIS IS NOT A CHANGE ORDER.
CAN WE, BEFORE WE, WELL WE, WE HAVE THE ORIGINAL MOTION.
IF HE, IF THAT ONE DIES FOR, THEN, THEN WE CAN COME BACK.
WELL, WELL, THE ORIGINAL MOTION WAS ACTUALLY, THAT'S FACT.
I GOT THAT PART MR. MEAN, I'M, I'M, I'M GONNA EXPLAIN EVERYTHING.
WE HAVE ORIGINAL MOTION ON THE FLOOR AT AT, AT THIS JUNCTION.
HE WANTS TO MAKE ANOTHER MOTION, BUT IF HE DIDN'T GET A SECOND FOR ANOTHER MOTION, THERE'S NO CONSIDERATION ON THAT.
SO I DON'T HAVE A SECOND ON THAT.
SO NOW YOU HAVE A QUESTION AND, AND, AND I HAVE SOME LIGHTS ON HERE THAT, THAT, UH, AND EXCUSE ME, MAY I JUST STOP HERE AND SAY THIS HOW LONG IT'S GONNA TAKE ALL TO CHANGE THESE NAMES? CAUSE I LOOK AT THESE NAMES AND I REMEMBER WHO SAID AND WHERE.
SO PLEASE, CITY SECRETARY, YOU ALL WORK ON THIS FOR ME, PLEASE.
I, I WORKED ON IT ABOUT A MONTH OR TWO.
NOW THIS, IT'S GETTING DIFFICULT NOW CAUSE EVERYBODY'S UP HERE.
UH, NOW WHAT WE HAVE IS COUNCIL MC KEN LAW.
UH, THANK YOU MAYOR, UH, FOR THE OPPORTUNITY.
AND, UH, I WAS ACTUALLY HAD QUESTIONS ABOUT THIS.
I SAW THIS ON END AND, AND I DO SEE THE ITEMIZED, UH, DESCRIPTION, UH, ENGINEER.
IF THAT'S PROVIDED IN A BACKGROUND EXHIBIT A.
SO IT GIVES A, UH, DETAILED ACCOUNT OF WHAT THE 522, UH, THOUSAND DOLLARS? YES.
UH, SO IT'S ON YOUR, IT'S IN YOUR BOOK.
AND YOU CAN GO FROM SEVEN AVE SEVEN AVE TO FIFTH STREET AND THOMAS BOULEVARD, EIGHT AVENUE TO THOMAS, UH, TO PROCTORS.
SO IT IS SOMETHING THAT YOU CAN REFERENCE, UH, TO, UH, SAY EXACTLY WHAT THE MONEY IS GONNA BE, UH, SPENT ON.
SO I JUST WANTED TO PROVIDE THAT TO OUR, MY, MY COHORT.
UH, COUNCILWOMAN, UH, UH, HAMILTON.
MR. JOHN, CAN YOU PLEASE, UH, REITERATE WHAT YOU SHARED WITH US PREVIOUSLY ABOUT IF YOU ARE ALREADY WORKING ON ONE STREET THAT'S ADJACENT TO ONE THAT YOU RECOGNIZE NEEDS THE REPAIRS MM-HMM.
SO IS, IS THIS ONE OF THOSE TIMES? YES, MS. HAMILTON, WE'RE WORKING IN THIS AREA ON EIGHTH AVENUE.
THE CONTRACTOR IS WAITING TO OVERLAY EIGHTH AVENUE, AND THEN WE'RE ALSO WORKING ON AVANT, WHICH THEY WILL BE DOING THE ROAD WORK HERE SHORTLY.
SO HONESTLY, UM, IF WE DON'T HAVE THIS APPROVAL TODAY, THIS CONTRACTOR'S JUST GONNA MOVE ON TO HIS OTHER STREETS AND THEN WE'LL BID IT OUT AT ANOTHER TIME.
BUT, UH, THIS WAS AN OPPORTUNITY THAT, THAT WE SAW TO IMPROVE THIS STREET.
AGAIN, THE, UH, CHURCH AT THE END OF THE STREET AT PROCTOR STREET SERVES, UH, SOME SORT OF MEALS ON WHEELS TYPE OPERATIONS.
AND SO THERE'S A LOT OF TRAFFIC COMING INTO THIS CHURCH FACILITY ON SEVENTH AVENUE, AND THAT'S WHY WE WANTED TO IMPROVE IT NOW.
BUT AGAIN, IF THE COUNCIL DECIDES NOW IS NOT THE RIGHT TIME TO DO IT, WE'LL INCUR ANOTHER MOBILIZATION TO MOVE THIS CONTRACTOR IN HERE.
5% OF THE CONTRACT AMOUNT IS GENERALLY WHAT THEY CHARGE US, BUT WE'LL DO IT LATER.
THIS, THIS 500,000 WILL COME OFF OF THE ALLOCATION FOR DISTRICT ONE, RIGHT? YES, SIR.
UM, THE, THE QUESTION THAT I WANTED TO ASK WAS, UM, THE QUESTION I WANTED TO ASK WAS, SO THIS WAS SOMETHING THAT WAS A NICE TO DO, OR WAS IT SOMETHING THAT WOULD INCREASE THE AMOUNT OF DRAINAGE, UM, IN THAT AREA? WE HAVE DRAINAGE PROBLEMS IN THE BACK ALLEYS OF EACH OF THESE BLOCKS.
AND SO WE'VE INSTALLED CURBS ON EIGHTH.
RIGHT NOW WE'VE GOT EIGHTH, WHICH WILL IMPROVE THE DRAINAGE.
IT WON'T BE A PERFECT SOLUTION, BUT IT'LL BE BETTER THAN IT WAS RIGHT NOW CURRENTLY.
WELL, AND, AND, AND WHAT I WANTED TO SAY, MAYOR, IS THAT IF COUNCILMAN DOUCE, WE'LL ALLOW, UM, WE DON'T HAVE TO COME BACK.
WE CAN SIMPLY AMEND THE MOTION.
WE CAN MAKE AN AMENDMENT TO IT RIGHT NOW AND SIMPLY, UH, MAKE A MOTION INSTEAD OF USING THE WORDAGE CHANGE ORDER, WE CAN AMEND THE MOTION NOW.
IF THAT WAS THE ONLY CONSIDERATION THAT YOU, OKAY.
[02:45:01]
YOU WOULD ACCEPT THE ALL OVER.Y'ALL LET ME, IF Y'ALL LET ME HANDLE IT, YOU, YOU'LL ACCEPT A, A CHANGE IN THE WORDING ON YOUR SECOND.
NO, HE SAID HE WOULDN'T ACCEPT, HAVEN'T MADE A MOTION, HUH? NO, I, THAT'S I GOT ON THE FLOOR, RIGHT? YEAH.
BUT, BUT ON THAT MOTION THAT YOU MAY BE, IT DIED FOR THE LACK OF A SECOND.
SO HE WAS MAKING A SUGGESTION THAT WE WOULD CHANGE THE, THE, UH, WORDY THE VERBIAGE IN THIS ORIGINAL MOTION.
THAT I, BUT I WAS ASKING WOULD YOU ACCEPT THAT BECAUSE YOU MADE THE SECOND, DIDN'T YOU? OKAY.
I'LL, I'LL SECOND IT WITH, NOW THE COMMENT ABOUT IT IS, YOU KNOW, WE DOING THIS, BUT AT THE END OF THE DAY, THERE'S, PUT YOUR MIC SO WE CAN, AT THE END OF THE DAY, THERE'S A, THERE'S A CONTRACT PROCEDURE THAT WE HAVE TO GO THROUGH WHEN BIDING JOBS OUT.
AND WHAT WE ARE DOING NOW, YOU JUST SAYING, OKAY, THE GUY IS THERE, BUT DO YOU, IS THAT THE BEST BID FOR WHAT THE WORK IS GOING TO BE DONE? YOU SEE, OKAY.
WE HAVE A PROCESS FOR CONTRACTING AND WE CAN'T SEND THE BID FOR THAT STREET AND STUFF WAS ALREADY DONE.
NOW YOU WANT TO DO SOMETHING ELSE.
YOU HAVE TO GET A CONTRACT AND A BID.
BECAUSE WHAT WE DOING NOW, WE SAVING TIME.
BUT DO YOU KNOW IF THAT'S THE BEST BID? YEAH.
BUT HOLD UP, LET'S, LET'S, WE CAN CONSULT THE CITY ATTORNEY.
I'M SORRY TO BE SURE THAT WE ARE IN THE LEGAL, IN THE LEGAL REALMS OF FOR, FOR WHAT IS BEING PROPOSED.
I JUST WANTED TO MAKE SURE I UNDERSTOOD.
CHANGE YOUR NUMBER ORDER TO IS WHAT'S BEING ASKED TO BE EXECUTED AND WHAT, WHAT DO YOU WANNA AMEND THAT TO DO NOW? OKAY.
HE WAS SUGGESTING, AND COUNCILMAN DOUCE HAS A DOCTOR'S APPOINTMENT, SO, OKAY.
NO, I'M JUST, I'M, AND I WANT THE RECORD TO REFLECT THAT AND THAT HE HAS, HE HAS A DOCTOR'S APPOINTMENT, SO HE HAS TO GO.
UH, BUT WHAT IS, WHAT IS HAPPENING IS COSMAN FRANK BROUGHT UP THAT SINCE IT DOES SAY CHANGE ORDER AND IT MAKES YOU THINK THAT IT WAS SOMETHING ORIGINALLY BID OUT.
BECAUSE THAT WAS WHAT I THOUGHT.
WE NOW, AND, AND, BUT I, YOU, YOU'VE BEEN ENLIGHTENED US ON IT.
SO REALLY TO, TO DO IT PROPERLY, WE ARE GOING TO HAVE TO TAKE OUT OR REMOVE OR CHANGE, YOU KNOW, THE, THE, THE, UH, THE, THE VERBIAGE OF THE RIGHT UP HERE AND NOT SAY CHANGE ORDER.
AND TO BE SURE THAT WE ARE IN THE REALMS OF WHAT WE CAN LEGALLY DO WITH THIS.
WHAT IS IT THAT WE'RE TRYING TO DO? IF WE'RE NOT GONNA DO THE CHANGE ORDER, WHAT ARE WE ASKING TO DO? OKAY.
BUT ARE WE ACTUALLY DOING A CHANGE ORDER FROM THE ENGINEER? HE SAID IT'S ACTUALLY NOT A CHANGE ORDER.
IF I'M, IF I'M CORRECT ON YOU COULD, YOU COULD CALL IT A SUPPLEMENT TO THE CONTRACT, BUT WE'RE ADDING A STREET TO THE CONTRACT.
BUT UNDER THE CONTRACT, WHEN YOU MAKE CHANGES TO A CONTRACT, IT IS A CHANGE ORDER.
WELL, THEY DON'T CALL IT EXPLAIN IT.
I MEAN, JUST EXPLAIN IT TO, IT'S A CHANGE ORDER IN WHEN YOU AMEN.
CONTRACTS OF THIS NATURE, IT'S A CHANGE ORDER, IT'S WORD CORRECT.
WE DON'T, WE DON'T NEED, WE DON'T NEED THE LABOR.
UH, YOU ADD SOMETHING TO COUNCIL LOOKS.
HAVE YOU ALL MADE THE COMPARISONS IN HOUSE? YES.
THIS, THIS, THIS COST, IS IT IN LINE WITH WHAT IT YES, SIR.
THESE COSTS, OR WERE BID OUT ORIGINALLY AS UNIT COST.
AND SO WE HAVE THE LOW BIDDER AND HE IS GONNA HONOR THAT LOW BID UNIT COST.
WHAT WE'RE ACTUALLY DOING IS EX INCREASING HIS OVERALL COST, BUT HE'S, HE'S USING THE SAME COST HE'S DOING ON THE OTHER JOBS.
AND MR.
WE COULD HAVE SAVED 10 MINUTES.
NO, I MEAN, REALLY WE COULD HAVE SAVED 10 MINUTES.
ANY OTHER DISCUSSION ON THIS? WE READY TO VOTE? UM, MAYOR AND COUNCIL? UM, AT THIS POINT, I WOULD SUPPORT THE COUNCIL'S RECOMMENDATION.
YOU KNOW WHY IT IS THE STAFF'S RESPONSIBILITY TO DO YOUR DUE DILIGENCE TO MAKE SURE THAT WE GET DONE TO THE EXACT AMOUNT.
AND IF I'M PAYING AN ENGINEER FOR THE CITY TO DO THE DUE DILIGENCE, IT MUST BE DONE PROPERLY.
AND IT'S NOT, IT'S NOT ON THE COUNCIL.
IT MUST BE DONE PRO, BUT I WILL TAKE CARE OF THAT ADMINISTRATIVELY.
YOU CAN APPROVE IT, BUT I WILL TAKE CARE OF IT ADMINISTRATIVELY.
SO WE READY TO VOTE? ALL IN FAVOR? AYE.
ORDER, PR AND NUMBER? THANK YOU.
[02:50:01]
AS READ NOW, UH, WE'VE, WE'VE LABORED HERE FOR ABOUT, UH, TWO OR THREE HOURS.WHAT I'D LIKE FOR US TO DO AT THIS TIME, I TAKE EXECUTIVE PRIVILEGE AND WE'LL RECESS FOR ABOUT 10 MINUTES AND LET FOLKS TAKE A 10 MINUTE BREAK, AND THEN WE'LL BE RIGHT BACK.
UH, CITY SECRETARY, WOULD YOU REESTABLISH THE QUORUM FOR ME, PLEASE? MAYOR RT.
[VII.C.(3) P.R. No. 23186 – A Resolution Authorizing The City Manager To Enter Into Five (5) HOME-ARP Contracts With The Following Organizations - Catholic Charities ($105,018.00), The Salvation Army ($50,000.00), Family Services Of Southeast Texas ($60,000.00), And Two (2) With Tender Loving Care Center For Children DBA Legacy Community Development Corporation - $260,000.00 - Rehabilitation Of Rental Units And $375,367.00 For Tenant-Based Rental Assistance]
TO, I THINK IT'S PAGE FIVE.UH, AND FOR OUR INDIVIDUAL ITEMS, PAGE FIVE, NUMBER THREE, WHICH IS PR NUMBER 2 31 86.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO FIVE HOME A R P CONTRACTS WITH THE FOLLOWING ORGANIZATIONS CATHOLIC CHARITIES FOR 105,000, UH, $18.
THE SALVATION ARMY, $50,000 FAMILY SERVICES OF SOUTHEAST TEXAS, $60,000 AND TWO WITH TENDER LOVING CARE CENTER FOR CHILDREN DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION FOR $260,000.
REHABILITATION OF RENTER UNITS, UH, AND 375,006 $367 FOR TENANT BASED RENTAL ASSISTANCE.
MAY I GET A MOTION FOR APPROVAL? COUNCILMAN FRANK? SO MOVED.
MAY, MAY I GET A SECOND? COUNCILMAN KEN? LAW SECONDARY.
AND SECOND THAT WE WOULD APPROVE PR NUMBER 2 31 86.
AND NOW I'VE FORGOTTEN WHO WANTED TO PULL IT.
QUESTIONS, UH, IN READING THE BACKGROUND, I KNOW, UH, UH, MANAGER, YOU PROBABLY WANT TO KIND OF COMMENT ON THERE.
I THINK THAT VAL STEPPED OUT AND, UH, UH, I SAW THAT IF YOU HAD ANY REVIEW OR ANY QUESTIONS ABOUT THIS, WENT TO THE CITY SECRETARY'S OFFICE, UH, GIVE HER OPPORTUNITY TO GET BACK UP HERE.
SO, UH, JUST BASICALLY KIND OF GIVE US THE COUNSEL OF, UH, DETAIL ABOUT HOW THIS IS GONNA WORK, UH, BECAUSE WE DIDN'T, WE WEREN'T ABLE TO SEE THE BACKGROUND INFORMATION.
OH, THEY'RE TALKING ABOUT THE CONTRACTS WE WORKED HARD ON FOR THE DIFFERENT AGENCIES.
WE HAD TO HAVE, I ACTUALLY WORKED ON THAT FOR YOU.
UM, YES, WE WORKED ON THESE INDIVIDUAL CONTRACTS FOR THE AGENCIES THAT YOU APPROVED TO GET THE MONEY, AND WE RECEIVED THE CONTRACTS FROM THE STATE, UH, FROM THE FEDERAL GOVERNMENT, EXCUSE ME.
AND WE REWORKED THEM TO ACCOMMODATE WHAT YOU APPROVED.
THEY'RE PERFECTLY, THEY'RE AVAILABLE IF YOU NEED TO SEE THEM.
NO, I SEE YOUR BIG BOOK THERE.
BUT I KNOW YOU WORKED HARD ON IT.
I I JUST WANTED THE COUNCIL AND, AND OUR PUBLIC AND THE COMMUNITY TO KNOW EXACTLY WHERE WE STAND AND WHAT IT TOOK.
UH, COUNCILMAN FRANK? NO, SIR.
ANY OTHER QUESTIONS ON IT? THERE AREN'T ANY.
SO IT IS ORDERED PR NUMBER 23 180 6 IS APPROVED AS READ.
[VII.C.(6) P.R. No. 23218 – A Resolution Approving An Economic Development Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Vessel Cleaning, LLC In An Amount Not To Exceed $590,456.00; Funds Available In EDC Account No. 120-80-625-5478-00-00-000]
ITEM NUMBER SIX ON PAGE FIVE, WHICH IS PR NUMBER 23 2 18 IS A RESOLUTION OF PROVEN AN ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, SECTION FOUR, A ECONOMIC DEVELOPMENT CORPORATION AND VESSEL CLEANING L L C IN AN AMOUNT NOT TO EXCEED $590,456 FUNDS AVAILABLE IN EDC.ACCOUNT NUMBER ONE 20 DASH 86 25 DASH 5 4 78 0 0 DASH 0 0 0.
MAY I GET A MOTION FOR APPROVAL? COUNCILWOMAN BECKHAM.
MAY I GET A SECOND? MAYOR? I PRO TIP SECOND.
AND SECOND THAT WE WOULD APPROVE PR NUMBER 23 2 18 AS READ.
AND I'VE FORGOTTEN AGAIN WHO PULLED THAT WITH YEAH, I DO THAT.
COUNCILMAN? UH, YEAH, YOU READ FOR QUESTION COUNCILMAN LEWIS? YES.
SEE, WHAT, WHAT ARE WE GONNA BE DOING WITH THIS? OKAY.
THIS PART OR WHOLE? THE WHOLE GRANT OR WHAT?
[02:55:12]
GOOD AFTERNOON COUNCIL MEMBERS AFTERNOON.WHAT ARE WE DOING WITH THIS? 590,000.
SO IS THIS PART OF THIS PART OF AN, AN EXISTING AGREEMENT OR THIS IS A, A NEW AGREEMENT? WHAT ARE WE DOING? THIS IS A, A NEW AGREEMENT.
IT IT 509,000 IS THE TOTAL INCENTIVE, UM, THAT THEY HAVE BEEN AWARDED.
IT IS A PERFORMANCE BASED AGREEMENT.
THEY WON'T RECEIVE ANY FUNDS UNTIL THEY ACTUALLY PERFORM.
SO THIS IS GOING TO DRAW DOWN RIGHT.
ONCE THEY COMPLETED THE PROJECT, ONCE THEY COMPLETE THEIR, IT'S IN FOUR PHASES.
SO THEY WILL RECEIVE THEIR FIRST PAYMENT, UH, BASED ON THEIR CAPITAL INVESTMENT.
AND WHAT ARE THE, OH, WHAT, WHAT IS, WHAT IS THE TOTAL, WHAT IS GONNA BE THE TOTAL AMOUNT? SO THEIR TOTAL CAPITAL INVESTMENT IS 4.9 MILLION.
UM, A LITTLE OVER THAT ACTUALLY.
ONCE THEY COMPLETE ALL OF THEIR CAPITAL INVESTMENT THAT THEY HAVE, UH, PROMISED, THEN WE'LL RELEASE THE FIRST PORTION OF THEIR INCENTIVE.
UM, AFTER THAT, THEY WILL RECEIVE THREE MORE, UH, PAYMENTS BASED ON JOB CREATION.
SO THEY WILL HAVE TO CREATE JOBS AND PUT OUT PAYROLL BEFORE THEY RECEIVE THAT.
WHAT'S, WHAT ARE THE ESTIMATED JOBS, DO YOU HAVE ANY IDEA? THE ESTIMATED PAYROLL OVER THREE YEAR PERIOD IS 1.1 MILLION, $170,000 TO PORT ARTHUR RESIDENCE.
OVER WHAT, OVER A THREE YEAR TERM? A TWO YEAR.
COUNCILMAN BECKER, AM I READING THIS CORRECTLY THAT ALL 18 OF THE NEW FULL-TIME JOBS WILL BE, UH, AWARDED TO PORT ARTHUR RESIDENTS? YES, MA'AM.
I JUST WANTED TO CLARIFY THAT.
AREN'T ANY MORE QUESTIONS? YOU READY TO VOTE? ALL IN FAVOR.
AS HAVE AS TO RESULT OF PR NUMBER 2 3 2 18 IS APPROVED AS READ.
[VII.C.(10) P.R. No. 23226 – A Resolution Authorizing The Third Year (Final Renewal) For The Temporary Staffing Contract Between The City Of Port Arthur And Argus Talent Of Houston, Texas For The Purpose Of Providing Temporary Employees For The City Of Port Arthur; Funding Available In Various Departmental Accounts]
SIX AND WE HAVE ITEM NUMBER 10, PR NUMBER 2 3 2 26.IT IS A RESOLUTION AUTHORIZING THE THIRD YEAR FINAL RENEWAL FOR THE TEMPORARY STAFFING CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AUGUST, TALENT OF HOUSTON, TEXAS, FOR THE PURPOSE OF PROVIDING TEMPORARY EMPLOYEES FOR THE CITY OF PORT ARTHUR FUNDING AVAILABLE IN VARIOUS DEPARTMENTAL ACCOUNTS.
MAY I GET A MOTION FOR APPROVAL? COUNCILMAN? UH, LEWIS MOTION FOR APPROVAL? MAY I GET A SECOND? MAY I APPROACH SECOND? IS IT MOVED IN SECOND THAT WE WOULD APPROVE PR NUMBER 2 3 2 26 AS RED? WE ARE READY FOR QUESTION MA'AM.
JASMINE FRANK, I HAD THIS PULLED AND I WANT TO THANK STAFF FOR COMING AND, UH, SHARING, UH, THE INFORMATION WITH ME ABOUT THIS.
I WAS SIMPLY TRYING TO PULL IT, UH, TO BE SURE THAT WE WERE GIVING OPPORTUNITIES, UH, TO, UH, TO COMPANIES IN OUR, UH, CITY.
I HAVE BEEN CONTACTED BY, UH, INDIVIDUALS WHO, UH, HAVE A STAFFING AGENCY HERE IN PORT ARTHUR, AND THEY, UH, FULFILL POSITIONS IN HOUSTON AND IN PORT ARTHUR AS WELL.
BUT THEY HAVE CONTACTS WITH CITIZENS IN PORT ARTHUR.
AND SO I THANK STAFF FOR COMING AND SHARING WITH ME THAT THIS WAS THE LAST, UM, YEAR OF THIS CONTRACT AND THAT THEY WILL BE SENDING OUT RFPS IN THE FUTURE, ALLOWING, UM, OUR CITY COMPANIES TO PARTICIPATE IN THIS PROJECT.
ANY OTHER UNREADINESS? WE ARE READY TO VOTE.
ALL IN FAVOR? ALL, ANY OPPOSERS? AYE.
SO AS ORDER PR NUMBER 2 3 2 26, WE WILL BE APPROVED AS READ.
[VIII.A.(1) P.R. No. 23101 – A Resolution Authorizing The Police Chief To Execute A Memorandum Of Understanding (MOU) Between The City Of Port Arthur And The Port Arthur Police Association To Modify Article 27, Section 2 Of The Current Collective Bargaining Agreement]
EIGHT TO OUR NON-CONSENT AGENDA.THE FIRST ITEM WE HAVE IS PR NUMBER 23 1 0 1 A RESOLUTION AUTHORIZING THE POLICE CHIEF TO EXECUTE A MEMORANDUM OF UNDERSTANDING ART, COMMONLY KNOWN AS MOU BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR POLICE ASSOCIATION TO MODIFY ARTICLE NUMBER 27, UH, SECTION TWO OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT.
UH, MAY I GET A MOTION FOR APPROVAL? COUNCILMAN FRANK? MOTION MAYOR, MAY I GET A SECOND? COUNCILMAN KINLAW SECOND MAYOR IS REMOVED.
AND WE WOULD APPROVE PR NUMBER 23 1 0 1 IS READ.
UH, CHIEF, COME ON UP HERE, CHIEF, THE, THE MODIFICATION OF ARTICLE 27, SECTION TWO, WHAT WOULD THAT ACTUALLY ENTAIL ON THAT? ACTUALLY, ACTUALLY IT WOULD ALLOW SOMEONE ELSE
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TO WORK OVERTIME.WELL, ACTUALLY IT WOULD ALLOW AN OFFICER TO WORK OVERTIME IF THEY TOOK LEAVE OR COMPENSATION TIME DURING THAT 40 HOUR WORK PERIOD.
SO THE WAY IT WORKS, STAFFING IS AT LIKE NINE OFFICERS PER SHIFT.
IF AN OFFICER CALLS IN, IF AN OFFICER CALLS IN SICK AND IT GOES BELOW NINE, TYPICALLY WHAT HAPPENS? WE HAVE TO FORCE SOMEBODY OVER WITH THIS.
IT'LL ALLOW SOMEBODY TO COME IN OFF VACATION AND WORK THAT PARTICULAR SHIFT FOR THE OFFICER.
SO WE'LL HAVE TO FORCE 'EM OVER.
AND IT ONLY APPLIES TO, UH, IF THEY'RE ON VACATION.
WELL, THE OFFICER YOU VACATION OR, OR YOU CAN'T CALL IN SICK AND, AND APPLIES.
BUT WOULDN'T WE HAVE TO PAY SOMEONE AN AN ADDITIONAL, UH, TIME IF THEY COME OFF LEAVE? I MEAN, THEY ARE IF THEY COME OFF VACATION.
WE'VE TO HAVE, THAT'S ANOTHER EXPENSE THAT WE WOULD'VE TO PAY, WOULDN'T IT? UH, NO SIR.
THE WAY, CAN YOU EXPLAIN THAT TO ME, CHIEF? OKAY.
THE WAY, THE WAY IT'S SET UP, IF STAFFING FOR THAT DAY IS NINE AND SOMEONE CALLS IN SICK, RIGHT? WE'RE GONNA HAVE TO FORCE SOMEBODY TO WORK OVER, RIGHT? LIKE IF SOMEBODY CALLS IN SICK ON EVENINGS, WE'RE GONNA HAVE TO FORCE A DAY SHIFT OFFICER TO WORK THAT SHIFT.
OKAY? AND THEY'RE GONNA BE PAID TIME AND A HALF TO WORK THAT SHIFT.
OKAY? UM, MAYBE THEY HAD A BIRTHDAY PARTY OR SOMETHING PLANNED OR GOT INTO A FIGHT AND THEY'RE JUST FRUSTRATED THAT DAY AND THEY REALLY NEED TO GO HOME.
BUT WE WERE FORCING THEM TO WORK THAT SHIFT.
WELL, THIS WOULD ALLEVIATE THAT ANOTHER OFFICER WHO WANTED TO WORK THAT SHIFT COULD COME IN AND WORK THAT SHIFT.
IT'S GONNA BE TIME AND A HALF FOR THAT OFFICER THAT'S FORCED OVER OR TIME AND A HALF FOR THE OFFICER THAT'S COMING IN.
WELL, YOU SAID THE WORD I WANT TO HEAR.
NO, NO BUDGETARY IMPACT ON THE CITY AT ALL.
IT'S JUST STILL STRAIGHT TIME.
I MEAN, STILL TIME AND A HALF, RIGHT? STILL TIME AND A HALF.
COUNCILMAN LEWIS, YOU GOOD? YEP.
ANY OPPOSERS? I YOUR ORDER? THANK YOU, CHIEF.
[VIII.A.(2) P.R. No. 23224 – A Resolution Amending Resolution No. 85-067 Authorizing Improvements To A Portion Of Rice Farm Road And The Relocation Of A Barricade Consistent With The Fire Code Standards To Provide Fire And Emergency Access]
PR NUMBER 2223, EXCUSE ME, 2 24.IT IS A RESOLUTION AMENDED RESOLUTION NUMBER 85 DASH SIX SEVEN, AUTHORIZING IMPROVEMENTS TO A PORTION OF RICE FARM ROAD AND THE RELOCATION OF THE BARRICADE CONSISTENT WITH THE FIRE CODE STANDARDS TO PROVIDE FIRE SAFETY AND EMERGENCY ACCESS.
MAY I GET, UH, A MOTION FOR APPROVAL? UH, COUNCILWOMAN, UH, BECKHAM.
MAY I GET A SECOND? MAY I APPROACH HERE SECOND? IT BEEN MOVED IN SECOND THAT WE WOULD APPROVE P NUMBER 23, 2 24 AS READ REA UH, READY FOR QUESTION? YEAH, MAYOR.
COUNCILMAN, UH, WAIT MINUTE, JUST A MINUTE.
COUNCILMAN? UH, COUNCILWOMAN, UH, BECKER? THANK YOU, MAYOR.
UH, BEFORE I WAS SWORN IN AS A COUNCILPERSON, I, UH, ATTENDED A MEETING, I BELIEVE IT WAS, UH, MONDAY BEFORE I WAS SWORN IN, UM, AS A CONCERNED CITIZEN AT THAT TIME, UH, BECAUSE THIS, UH, PROJECT DIRECTLY AFFECTS NOT ONLY MY DISTRICT, BUT MY NEIGHBORHOOD SPECIFICALLY.
IT WAS WITH, UH, OUR CITY MANAGER, UH, ONE OF THE ATTORNEYS FROM THE CITY ATTORNEY'S OFFICE, UM, OUR, UH, CITY ENGINEER, THE FIRE MARSHAL, AND THE, UH, FIRE CHIEF ALONG WITH A COUPLE OF OTHER CITIZENS THAT LIVE IN MY DISTRICT.
AND WE DISCUSSED THIS RESOLUTION AND SUGGESTED MAKING SOME CHANGES TO IT.
AND IT WAS, IT WAS JOSEPH THAT WAS IN ON THE MEETING.
SO, UM, I WAS HOPING THAT HE CARRIED THESE BACK TO THE, THE LEGAL DEPARTMENT.
MY QUESTION IS, IN THE ORIGINAL RESOLUTION THAT, THAT WE WERE PROVIDED AT THE MEETING, UH, THERE WAS A PARAGRAPH THAT REQUIRES THE DEVELOPER H AND P ENGINEERING AND CONSTRUCTION INCORPORATED.
THEY'VE AGREED TO PRESERVE AND MAINTAIN THE SECOND ENTRANCE GATE TO BE CLOSE TO THE PUBLIC, CLOSE TO THE RESIDENCES OF THE WILLOW LANE TOWN HOMES, AND ONLY ALLOW FIRE DEPARTMENT EQUIPMENT AND OR EMERGENCY VEHICLES TO ACCESS THE SUBDIVISION DURING AN EMERGENCY.
AND WE SUGGESTED THAT WE ALSO INSERT SOME LANGUAGE SO THAT IF H HM P ENGINEERING AND CONSTRUCTION INC.
UH, DECIDE THAT THEY'RE GOING TO SELL THIS PROPERTY, THAT ITS SUCCESSORS AND ASSIGNS WOULD ALSO HAVE TO MAINTAIN YEAH.
WHAT IS REFERRED TO IN THIS PARAGRAPH.
AND WHEN I RECEIVED MY NOTEBOOK AND LOOKED AT THIS, THAT THAT PARAGRAPH IS GONE.
MAY, MAY, MAY, MAY I INTERJECT.
UH, WITH EXECUTIVE PRIVILEGE, UH, YOU SAID THAT PARAGRAPH IS GONE.
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IT'S NOT IN, IN HERE OUT OF THE AGREEMENT.AND WHAT IS THERE NOTHING STATING? WELL, THERE, THERE IS STILL A PARAGRAPH THAT SAYS THAT, UM, THE CITY AGREES THAT THE STREET WILL REMAIN CLOSED TO THE GENERAL PUBLIC, INCLUDING THE RESIDENCES OF THE NEW TOWN HOME DEVELOPMENT ONLY ALLOW THE FIRE DEPARTMENT EQUIPMENT AND OR EMERGENCY VEHICLES TO ACCESS THE SUBDIVISION DURING AN EMERGENCY.
AND THEN IT SAYS ALL IMPROVEMENTS TO RICE FARM ROAD WILL BE MADE IN ACCORDANCE WITH CITY STANDARDS, BUT IT DOESN'T REFERENCE H AND P ENGINEERING AND CONSTRUCTION INCORPORATED.
AND THEY SHOULD, I DON'T HAVE THE, I WASN'T AT THAT MEETING.
I DON'T HAVE THAT ORIGINAL ONE.
I'M NOT OPPOSED TO PUTTING THAT IN THERE, THOUGH.
I MAY NOT HAVE BEEN AWARE OF IT.
I, UH, THAT ONE, UH, I, IF I CAN GET A COPY OF WHAT Y'ALL HAD, I CAN.
BUT AT RIGHT AT THIS TIME, WE CAN AMEND THIS RESOLUTION TO INCLUDE THAT.
THAT'S, YOU WANNA ADD THAT AS A, UM, PROVISION? JUST A MINUTE.
MELISSA, DIDN'T I HAVE YOU TO, UH, OH, THIS, IT'S OKAY.
YOU ACCEPTED INTERNET LANGUAGE IN THERE.
YOU, YOU, UH, SECOND UTU, YOU SECONDED? UH, SO YOU ADD THAT THE COUNCIL MANDATES THAT THE ACCESSOR SUCCESSORS AND ASSIGNS OF, UM, THE PROPERTY, UH, WILL FOLLOW.
YEAH, YOU CAN GIVE ME, WE CAN GET THE NAME IF YOU WANNA STATE THE MOTION BASICALLY.
WE'LL THAT UP IT'S GONNA, IT'S GONNA RUN WITH THE LAND.
BUT I THINK WE ALSO NEED TO PUT IN SPECIFICALLY THE NAME OF THE CURRENT PERSON.
YEAH, H AND P ENGINEERING AND CONSTRUCTION INC.
BECAUSE THAT'S WHO BUILDING IS, RIGHT? YES.
SO YOU WANNA PUT IN THE, THE COUNCIL MANDATES THAT H AND P, UH, PUT THE CORRECT NAME OF THE COMPANY, H AND P, UH, ENGINEERING AND CONSTRUCTION.
AND, AND ITS SUCCESSORS AND ASSIGNEES WILL AGREE TO, UM, WHAT IS TO TO MAINTAIN THE, JUST TO MAINTAIN.
IF, DID THEY COMPLETE YOUR, YOUR, YOUR, YOUR MAINTAIN THE GATE AND ALL REQUIREMENTS? YES.
YOU, YOU, YOU COMPETE WITH THAT COUNCILMAN? YES.
YEAH, MAYOR, I, I'M ON BOARD WITH IT.
I THINK THAT IF WE CAN IN, IN INTERJECT THAT THEN THERE, BECAUSE THAT'S SOMETHING THAT WE NEGOTIATED WITH THE CITY MANAGER AND ALSO WITH THAT, THAT COMPANY.
AND THAT, AND, UH, YOU GOOD COUNCILMAN LEWIS? YEAH, OF COURSE.
YOU PUT IT IN THE AGREEMENT, IT'S GOING, IF THEY TRANSFERRED IT, IT GOES WITH THE AGREEMENT.
AND, UH, BUT I HAVEN'T BEEN OUT THERE 10 TIMES, YOU KNOW, IT'S ABOUT THE TIME WE GET THIS THING, BUT ONE, WHAT, ONE CITIZEN PERSONALLY CALLED ME AND I ASSURED THEM, AND I'M JUST DOING, SAYING THIS IN QUESTION PERIOD, THAT THROUGH THROUGH TRAFFIC WOULD NOT EVER BE ACCESSIBLE BECAUSE THAT WAS THE ORIGINAL EXPLANATION DURING, UH, A PUBLIC HEARING WITH THIS SEVERAL MONTHS AGO.
AND, AND THAT WAS, OUR COUNCIL APPROVED IT BECAUSE BASED UPON THAT, SO WE ARE GOOD.
WE READY TO VOTE? ALL IN FAVOR? AYE.
WE'RE READY TO VOTE WITH THE NECESSARY.
AND THE ONLY OTHER THING I WOULD ADD IS THAT H AND P WILL SIGN THIS RESOLUTION AGREEING TOO.
SO IF YOU CAN, UH, SECRETARY MIGHT HAVE TO HELP ME OUT.
YEAH, IF YOU ALL CAN VOTE ON THAT AMENDMENT.
SO, AND I'LL ALSO HAVE THEM SIGN IT.
CAN WE READ IT TO VERIFY YOUR, MAKE SURE THAT WE, OKAY.
WE GOT A REQUEST TO READ IT, SO, OKAY.
I, I THINK WE HAVE HERE, WE'RE PUTTING IT TOGETHER AND I, WHAT I JUST SO YOU KNOW, SOMETIMES WHAT I DO ALSO IS, TELL YOU WHAT, WHEN WE DO THIS, LET'S JUST HOLD THIS WHEN WE GO EXECUTIVE SAFETY, I, I CAN READ IT REAL, REAL QUICK AND WE'RE, I THINK WE'RE THERE.
UM, THE DEVELOPER, CITY COUNCIL MANDATES THAT THE DEVELOPER, H AND P ENGINEERING AND CONSTRUCTION INC.
AND IT'S SUCCESSORS AND ASSIGNS OKAY.
WILL AGREE TO PRESERVE AND MAINTAIN THE SECOND GATE AS STATED IN THIS RESOLUTION.
OKAY? AND WE ACCEPT THAT, THAT THEN HE WILL ALSO SIGN AGREEING TO, OKAY, THAT'S ONLY AMENDMENT.
NOW FOR THE ORIGINAL, UH, MOTION.
ALL IN FAVOR? A ANY OPPOSERS? OKAY, SO BOTH THE AMENDMENT AND THE ORIGINAL, UH, VERSION PASSES.
[VIII.A.(3) P.R. No. 23240 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Civic & Activity Center Commission]
PR NUMBER 23 2 40 IS A RESOLUTION APPOINTED AND A REAPPOINTED, A MEMBER OR MEMBERS OF THE PORT ARTHUR CIVIC CENTER COMMISSION.AND YOU HAVE THE NAMES OF COUNCILWOMAN, I MEAN,
CHARLENE CUMMINGS, DWIGHT WAGNER, MARY WOFF, CHARLES LEE.
UH, WE HAVE THE NAME WITH THE NAMES OF THOSE PARTICULARLY INDIVIDUALS TO BE APPOINTED TO THE CIVIC CENTER COMMITTEE.
MAY I GET A MOTION FOR APPROVAL? COUNCILMAN FRANK? SO MOVED.
MAY I GET A SECOND? COUNCILMAN KEN LAW.
IT BEEN MOVED A SECOND THAT WE WOULD APPOINT THE, UH, NAMES THAT WERE MENTIONED BY CITY SECRETARY TO THE CITY CIVIC CENTER, UH, ACTIV AND, UH, ACTIVITY CENTER COMMISSION.
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ANY OPPOSERS? AYES HAVE IT.[VIII.B.(1) P.O. No. 7150 – An Ordinance Authorizing The Sale Of Surplus Technology Equipment]
WE WILL NOW MOVE TO, UH, ORDINANCE NON-CONSENT.WE HAVE, UH, AN ORDINANCE, WELL ORDINANCE NUMBER 71 50 AN ORDINANCE AUTHORIZING THE SALE OF SURPLUS TECHNOLOGY EQUIPMENT.
MAY I GET A MOTION FOR APPROVAL? COUNCILMAN BECKER? SO MOVED.
MAYOR, MAY I GET A SECOND? UH, MAYOR PRO, IT'S MOVED IN SECOND THAT WE WOULD APPROVE, UH, PO NUMBER 71 50 AS READ.
WE READY FOR QUESTIONING THERE? ANY QUESTIONS? READY TO VOTE? ALL IN FAVOR? AYE.
ANY OPPOSERS AYE AB FOR THIS AUDIT? WE WOULD APPROVE, UH, AUDITS.
[IX. *CLOSED MEETING (EXECUTIVE SESSION)]
MOVE TO OUR CLOSED EXECUTIVE SESSION AND MY BEING THE PRESIDING OFFICER OF THIS AUGUST BODY OF GOVERNANCE HERE IN THE CITY OF PORT ARTHUR, I AM COMPELLED TO MAINTAIN THAT THE REQUIREMENTS IN SECTION 5 51 0.101 OF CHAPTER 5 51 OF THE OPEN MEETINGS LAW ARE ACTUALLY, UH, IN THIS FORMERLY ARTICLE 60 62 52.THAT'S 17, SECTION TWO, SUBSECTION EIGHT ARE ADHERED TO.
SO IN THE EXECUTIVE SESSION, WE WILL DEAL WITH SECTION 5 51 0.07, ONE OF THE GOVERNMENT CODE TO DISCUSS AND RECEIVE LEGAL ADVICE FROM THE CITY ATTORNEY REGARDING POTENTIAL, UH, AND OR, OR PENDING CLAIMS, CONTRACTS, LITIGATIONS, AND OTHER LEGAL MATTERS INVOLVED IN THE CITY OF PORT ARTHUR.
SECONDLY, WE WILL COVER THAT SAME SECTION AND DEAL WITH ATTORNEY CONSULTATION TO PROVIDE ADVICE AND COUNSEL IN CONNECTION WITH THE CITY'S RIGHTS, DUTIES, PRIVILEGES, AND OBLIGATIONS IN, UH, CONNECTION WITH PENDING LITIGATION AND NEGOTIATIONS WITH THE PORT ARTHUR POLICE, UH, ASSOCIATION, WHICH IS KNOWN AS PA, PA AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, I A F F LOCAL 3 97.
ALSO, WITH THAT SAME SECTION OF THE GOVERNMENT CODE, WE WOULD DEAL WITH ATTORNEY CONSULTATION TO PROVIDE ADVICE AND COUNSEL IN CONNECTION WITH THE CITY'S RIGHTS, DUTIES, PRIVILEGES, AND OBLIGATIONS IN CONNECTION WITH THE MUNICIPAL SILVER SERVICE FOR FIREFIGHTERS AND POLICE OFFICERS.
AND WE WOULD DEAL WITH SECTION FOUR, I MEAN, UH, SECTION 5 51 0.072, WHICH IS NUMBER FOUR TO DISCUSS OR DELIBERATE THE PURCHASE EXCHANGE, LEASE OR VALUE OF REAL PROPERTY WITHIN THE CITY LIMITS OF PORT ARTHUR.
AND ALSO SECTION 5 51 0.087 OF THE GOVERNMENT CODE TO DISCUSS ECONOMIC INCENTIVES FOR COMMERCIAL, RESIDENTIAL, AND OR INDUSTRIAL PROJECTS.
AND BE THERE ANY ITEMS FOR CONSIDERATION, UH, THAT WOULD CALL, UH, CALL FOR ACTION.
WE WILL RETURN TO THE CHAMBERS HERE, UPSTAIRS, HERE ON THE FIFTH FLOOR AND ACTUALLY HANDLE THOSE ACTION ITEMS IN AN OPEN BOAT.
WE'RE NOW RECESSED TO OUR EXECUTIVE SESSION DOWN IN THE CONFERENCE ROOM FAVOR? AYE.
ANY OPPOSERS? IYE HAVE EXECUTIVE SESSION IS NOW OPEN.
NOW, WOULD YOU PLEASE REESTABLISH THE CO MCGAIN? YOU DON'T HAVE TO.
I'LL JUST, HEY, I WAS JUST GO ALONG WITH IT.
AT, AT THIS TIME, UH, CITY SECRETARY, WE HAVE ONE ITEM, UH, COMING OUT OF EXECUTIVE SESSION.
WILL YOU READ THAT ITEM FOR ME SO THAT I CAN GET A MOTION ON IT? YES, SIR.
A MOTION TO AUTHORIZE THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH THE HARRIS LAW FIRM, HUSSEIN LAW AND ENVIRONMENTAL LAW GROUP WITH REGARD TO P F A S WATER MULTI-DISTRICT LITIGATION.
MAY I GET A MOTION? UH, COUNCILWOMAN BECKHAM.
MAY I GET A SECOND? MAY I APPROVE HIM? SECOND IS REMOVED.
AND SECOND THAT WE WOULD APPROVE THE ITEM OUT OF EXECUTIVE SESSION THAT'S READ BY THE CITY SECRETARY.
ARE WE READY FOR QUESTION? COUNCILMAN LEWIS? YES.
UH, IS THAT GONNA COME BACK FOR AN AGREEMENT FOR US TO APPROVE? THAT'S IT RIGHT THERE FOR WE APPROVE IT FOR THE BEGINNING.
YOU WANT TO ADD IN THAT WHEN THEY CATCH THE SAMPLES, CATCH TWO SEPARATE SAMPLES, CATCH TWO SAMPLES AT THE SAME TIME.
WOULD, WOULD THAT BE ACCEPTABLE TO Y'ALL'S TWO SAMPLES AT THE SAME TIME AND SEND 'EM IN ONE TO AND AN INDEPENDENT LAB? AND THE CITY MANAGER SAID THAT THAT PUBLIC UTILITIES COULD, COULD WORK ON DOING.
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WOULD, WOULD, WOULD YOU ACCEPT THAT WITH YOUR MOTION? UH, COUNCIL WO WELL, I HAVE A QUESTION.I'M NOT, I THOUGHT I UNDERSTOOD THE CITY MANAGER TO SAY THAT THE, THE GATHERING OF THE SAMPLES HAD ALREADY HAPPENED.
SO YOU ALREADY ACCEPT THAT TO YOUR MOTION? I BELIEVE I'M, I'M, I'M CORRECT IN, YES, SIR.
I WILL ACCEPT THAT TO THE MOTION.
I WAS UNDERSTANDING THAT THE MOTION WAS TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES, AND THIS IS JUST WITH THE LAWYERS WITH RESPECT TO THE CAPTURING OF THE SAMPLES.
THAT WOULD BE SOMETHING INDEPENDENT OF THIS AGREEMENT.
THE MOTION IS JUST FOR THE AGREEMENT.
SO JUST THE AGREEMENT, WHAT WE'LL BE DOING.
CAN I GET A COPY OF THAT AGREEMENT? YES, SIR.
THANK YOU FOR THAT CLARIFICATION.
ANY OTHER QUESTIONS ON THAT? THERE AREN'T ANY.
AS RESULT OF THE MOTION TO ENJOIN AND ACQUIRE THE PROFESSIONAL SERVICES OF THE LAW FIRM HAS BEEN APPROVED.
UH, COUNCILMAN, UH, HAMILTON? Y'ALL DON'T KNOW THESE WRONG NAMES BECOMING UP HERE.
YOU KNOW, I TRY TO CALL THE NAME AND MOTHER, THE NAMES ARE POPPING UP ALL BIT.
YEAH, BUT YOU GO, GO, GO AHEAD EVERYBODY.
WELL I THOUGHT YOU GONNA MAKE THE MOTION TO ADJOURN.
MOTION TO ADJOURN OUR MEETING TODAY.
THEN WE WOULD ADJOURNED THIS MOTION, THIS, THIS MO THIS MEETING OF THIS GREAT BODY.
AND BEFORE WE, BEFORE WE WOULD ADJOURNED, WANT AGAIN, WELCOME OUR NEW COUNCILPERSON AND HOPEFULLY THE NEXT MEETING WON'T BE AS LONG.
THANK YOU ALL, ALL IN FAVOR, AYE.
HAPPY TO HIS AUDIT AND WE WILL SEE YOU ALL ON NEXT TUESDAY.