Oct 10, 2023 City Council

GOOD MORNING.

THE WHITE CANE, BY ALLOWING EVERY BLIND PERSON TO MOVE FREELY AND SAFELY FROM PLACE TO PLACE, MAKES IT POSSIBLE FOR THE BLIND TO PARTICIPATE IN AND CONTRIBUTE TO OUR SOCIETY FULLY AND TO LIVE THE LIVES THEY WANT.

AND I'M NOW PREPARING TO READ THIS PROCLAMATION.

IT'S FROM THE CITY OF PORT ARTHUR, THE OFFICE OF THE MAYOR SAYS, WHEREAS THE WHITE CANE, WHICH EVERY BLIND CITIZEN OF OUR STATE AND CITY HAS THE RIGHT TO CARRY, DEMONSTRATES AND SYMBOLIZES THE ABILITY TO ACHIEVE A FULL AND INDEPENDENT LIFE AND THE CAPACITY TO WORK PRODUCTIVELY IN COMPETITIVE EMPLOYMENT.

AND WHEREAS

[00:05:02]

AND WHEREAS EVERY CITIZEN SHOULD BE AWARE THAT THE LAW REQUIRES THAT MOTORIST AND CYCLIST EXERCISE APPROPRIATE CAUTION WHEN APPROACHING A BLIND PERSON CARRYING A WHITE CANE.

AND WHEREAS TEXAS LAW ALSO CALLS UPON EMPLOYERS, BOTH PUBLIC AND PRIVATE, TO BE AWARE OF AND UTILIZE THE EMPLOYMENT SKILLS OF OUR BLIND CITIZENS BY RECOGNIZING THEIR WORTH AS INDIVIDUALS AND THEIR PRODUCTIVE CAPACITIES.

AND WHEREAS THE CITY OF TEX, I MEAN, EXCUSE THE STATE OF TEXAS, EXCUSE ME, THROUGH ITS PUBLIC AGENCIES AND WITH THE COOPERATIVE ASSISTANCE OF THE NATIONAL FOUNDATION OF THE BLIND, CAN AND SHOULD FACILITATE THE EXPANSION OF EMPLOYMENT OPPORTUNITIES FOR AND GREATER ACCEPTANCE OF BLIND PERSONS IN THE COMPETITIVE LABOR MARKET.

NOW THEREFORE, I THURMAN BILL BARTY, MAYOR OF THE GREAT CITY OF PORT ARTHUR, TEXAS, DO PROCLAIM OCTOBER 15TH, 2023 AS WHITE CANIN AWARENESS DATE HERE IN THE CITY OF PORT ARTHUR.

AND I DO CALL UPON OUR SCHOOLS, OUR COLLEGES, OUR UNIVERSITIES TO OFFER FULL OPPORTUNITIES FOR TRAINING TO BLIND PERSONS UPON EMPLOYERS AND THE PUBLIC TO UTILIZE THE AVAILABLE SKILLS OF COMPETENT BLIND INDIVIDUALS AND TO OPEN NEW OPPORTUNITIES FOR THE BLIND IN OUR RAPIDLY CHANGING SOCIETY AND UPON ALL CITIZENS TO RECOGNIZE THE WHITE KING AS A TOOL OF INDEPENDENCE FOR BLIND PEDESTRIANS ON OUR STREETS AND ON OUR HIGHWAYS.

IN WITNESS WHEREOF, I HAVE HERETO SET MY HAND AND CAUSE THE SEAL OF THE GREAT CITY OF PORT ARTHUR, TEXAS TO BE AFFIXED THIS 10TH DAY OF OCTOBER IN THE YEAR OF OUR LORD 2023.

AND IT IS SIGNED THURMAN BILL BCE MAYOR.

AND I HAVE THIS AND I WILL COME DOWN AND MAKE THE PRESENTATION.

COUNCIL, DID ANYONE WANT MAKE OKAY? DID YOU HAVE HAVE SOMETHING? UH, I DID.

CAN I MOVE ? I JUST WANNA SAY THANK YOU ALL FOR, UH, HAVING US THIS MORNING AND, UH, GIVING US THIS PROCLAMATION, RECOGNIZING OCTOBER IS BLINDNESS AWARENESS MONTH AND OCTOBER 15TH WAS SIGNED INTO LAW ON OCTOBER THE SIXTH BY PRESIDENT LYNDON B JOHNSON.

AND ALSO IN 2011, UH, PRESIDENT OBAMA DECLARED THAT NOT ONLY WILL THIS BE BLINDNESS AWARENESS MONTH AND THE 15TH WILL BE BLINDNESS AWARENESS DATE, BUT HE ALSO DECLARED IT AS BLIND AMERICAN EQUALITY AWARENESS DAY.

SO THAT MEANS HE EXPECTS US TO BE JUST AS EQUAL AS SOCIETY AND SO ON.

NEXT MONDAY, OCTOBER 16TH, WE WILL BE HAVING A BLINDNESS AWARENESS SAFETY WALK IN FRONT OF LAMAR STATE COLLEGE.

AND WE WOULD LOVE FOR EACH AND EVERY ONE OF YOU TO COME OUT AND EMBRACE THE EXPERIENCE, UH, BRINGING AWARENESS TO THE BLIND BECAUSE IT'S TIME FOR US TO TAP INTO OUR EDUCATION,

[00:10:01]

TAP INTO OUR INDEPENDENCE, TAP INTO OUR FUTURE, BECAUSE WE ARE HERE TO STAY AND WE ARE EMPLOYABLE AND WE ARE TEACHABLE, AND WE WANT TO BE ON THE SAME PLAYING FIELD WITH EVERYONE ELSE.

SO FROM 12 TO ONE ON OCTOBER 16TH, WE WOULD LOVE FOR YOU ALL TO COME TO LAMAR STATE COLLEGE.

WE WILL START AT THE GATES MEMORIAL LIBRARY.

WE'LL WALK DOWN TO THE PERFORMING ARTS BUILDING AND BACK, AND WE WILL BE BRINGING AWARENESS.

AND WE JUST THANK YOU AGAIN FOR HAVING US.

THANK YOU, MA'AM.

AND AGAIN, THANK MS. OPHELIA GRIFFITH AND HER COMPADRES AND EVEN HER SERVICE ANIMAL FOR BEING HERE ON TODAY.

NOW WE HAVE ANOTHER PROCLAMATION, AND THIS PROCLAMATION IS FOR THE GIFT OF LIFE BREAST AND OVARIAN CANCER AWARENESS DAY.

AND I BELIEVE I HAVE REPRESENTATIVES FROM THAT GROUP HERE.

AND ALSO I WAS ASKED TO MENTION THAT ON LAST EVENING OVER AT MY CHURCH AT FIRST SIXTH STREET BAPTIST CHURCH.

THERE WERE OVER 100 PARTICIPANTS AT YOUR CELEBRATION AND YOUR AWARENESS PROGRAM ON LAST EVENING.

AND I AM JUST DELIGHTED THAT YOU ALL WOULD USE OUR CHURCH AND THAT ACTUALLY THEY HAD TO MOVE YOU IN ANOTHER SECTION OF THE CHURCH BECAUSE IT WAS AN OVERFLOW.

WE APPRECIATE THAT.

SO IF YOU ALL WILL COME FORWARD, I WANNA READ YOUR PROCLAMATION AS WELL.

AND TO ALL THE BEAUTIFUL LADIES WHO ARE HERE AND SOMEONE ARE DOING IN YOUR PINK THANK YOU, MA'AM.

THANK YOU, .

HEALTH AND CANCER PREVENTION PROGRAMS. AND WHEREAS GIFT OF LIFE ANNUALLY PROVIDES AT NO CHARGE, THOUSANDS OF BREAST CANCER SCREENINGS, DIAGNOSTIC MAMMOGRAMS, ULTRASOUNDS, AND BIOPSIES WITH ACCESS TO CANCER TREATMENT TO MEDICALLY UNDER SOUTHEAST TEXAS WOMEN.

IT SAYS, WHEREAS SEPTEMBER AND OCTOBER ARE NATIONAL OVARIAN AND BREAST CANCER AWARENESS MONKS WITH CAMPAIGNS ESTABLISHED TO HEIGHTEN INFORMATION ON THE RISK AND SYMPTOMS OF THESE DISEASES TO ADVANCE EARLY DETECTION AND INTERVENTION.

AND WHEREAS OVARIAN CANCER IS KNOWN AS A SILENT DISEASE AND IS THE FIFTH LEADING CAUSE OF CANCER DEATHS OF WOMEN IN THE UNITED STATES AND CAUSES MORE DEATHS THAN ANY OTHER GYNECOLOGICAL CANCER.

AND WHEREAS GIFT OF LIFE'S JULIE, JULIE RICHARDSON, PROCTOR OVARIAN CANCER AWARENESS PROGRAM FOCUSES ON STRATEGIES AND INFORMATION TO AFFECT REAL CHANGE AND SAVE LIVES.

WHEREAS BREAST CANCER IS THE MOST COMMON CANCER AMONG AMERICAN WOMEN EXCEPT FOR SKIN CANCERS.

AND APPROXIMATELY ONE IN EIGHT WOMEN IN THE UNITED STATES WILL DEVELOP INVASIVE BREAST CANCER DURING HER LIFETIME.

AND WHEREAS THIS YEAR IT IS ESTIMATED THAT MORE THAN 315,000 WOMEN WILL BE DIAGNOSED WITH EITHER BREAST OR ARE OVARIAN CANCER.

AND NEARLY 57,000 WOMEN WILL DIE FROM THE DISEASE IN THE UNITED STATES.

AND WHEREAS IT IS VITAL THAT SOUTHEAST TEXAS AND SOUTHEAST TEXANS ARE EDUCATED ABOUT BREAST CANCER AND THE AVAILABILITY OF FREE MAMMOGRAMS FOR WOMEN WHO CANNOT AFFORD HEALTH INSURANCE THROUGH THE GIFT OF LIFE, WOMEN'S BREAST

[00:15:01]

AND WHEREAS GIFT OF LIFE HAS HELPED DIAGNOSE BREAST CANCER IN MORE THAN 275 WOMEN THROUGH ITS LIFESAVING MEDICAL SERVICES.

AND WHEREAS GIFT OF LIFE WILL HOST THE 13TH ANNUAL JULIE RICHARDSON, PROCTOR FIVE K RIBBON RUN MONSTER DASH IN DOWNTOWN BEAUMONT ON SATURDAY OCTOBER 28TH, TO HEIGHTEN AWARENESS OF BREAST CANCER AND OVARIAN CANCER THROUGHOUT SOUTHEAST TEXAS, WHILE ALSO RAISING FUNDS FOR ITS PROVISIONS OF, OF PREVENTION AND EDUCATIONAL OUTREACH.

NOW, THEREFORE, I THURMAN BILL BCE MAYOR OF THE GREATEST CITY IN SOUTHEAST TEXAS, WHICH HAPPENS TO BE PORT AUTHOR TEXAS, THE CAJUN CAPITAL OF THE STATE OF TEXAS, TO HEREBY PROCLAIM TUESDAY, OCTOBER 10TH AS GIFT OF LIFE BREAST AND OVARIAN CANCER AWARENESS DAY, DAY IN THE CITY OF PORT ARTHUR.

AND I URGE ALL WOMEN IN OUR COMMUNITY TO PURSUE PREVENTATIVE HEALTH PRACTICES AND EARLY DETECTION EFFORTS IN WITNESS WHEREOF.

I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE GREAT CITY OF PORT ARTHUR, TEXAS TO BE AFFIXED THIS 10TH DAY OF OCTOBER IN THE YEAR OF OUR LORD 2023.

AND IT IS SIGNED BY YOUR TRULY THURMAN BTI MAYOR AND TO THIS GREAT GROUP OF WOMEN, WE LOVE YOU.

WE APPRECIATE WHAT YOU NOT ONLY DO FOR SOUTHEAST TEXAS, BUT YOU COME OVER IN THE GREATEST CITY IN SOUTHEAST TEXAS, YOU COULD DO THE RUN IN BEAUMONT, BUT YOU COME TO PORT ARTHUR AND GIVE SERVICE TO OUR CITIZENS.

AND WE APPRECIATE THAT AND I PRESENT THIS TO YOU ALL NOW.

WHILE YOU'RE WALKING DOWN HERE, MAYOR, I WILL SAY, UH, THAT IS THE MOST INSPIRING PROCLAMATION I HAVE EVER HEARD IN THE BEST CITY IN THE UNITED STATES AND, AND CERTAINLY JEFFERSON COUNTY.

SO, UH, THANK YOU MAYOR IN THE CITY COUNCIL FOR ALLOWING US THIS OPPORTUNITY, UH, TO SPEAK BEFORE YOU AND ACCEPT THIS PROCLAMATION.

YOU WELCOME.

TAKE A PHOTO.

OH, WHERE DO YOU TAKE A PHOTO NOW? OKAY.

OH, OH, MAY WE MAKE A COUPLE COMMENTS? YEAH.

OH, I DIDN'T WANNA INTERRUPT THAT.

YES, MA'AM.

CAN'T SIMPLY AFFORD HEALTH INSURANCE.

WELL, GOOD MORNING AND THANK YOU AGAIN FOR ALLOWING US THIS OPPORTUNITY.

MY NAME IS NORMA SAMPSON.

I HAVE THE, UH, PLEASURE OF BEING WITH THE GIFT OF LIFE.

AND WITH ME TODAY IS ARE THESE BEAUTIFUL PINK LADIES THAT ARE WITH US FROM WINNERS FOR LIFE.

WE ALSO HAVE OUR STAFF MEMBER INGRID HOLMES IS WITH US, AND, UH, A CHERISHED ANGEL.

WE HAVE CLAIRE JACKSON, WHO IS ONE OF OUR TREASURED ANGEL AMONG US WHO'S GOING TO BE REPRESENTING US.

AND SHE'S BEEN AN AMBASSADOR FOR OUR CAUSE AS WELL AS MOTIVA HAS BEEN SUCH A VALUE PARTNER IN EXTENDING OUR LIFESAVING SERVICES.

YOU MENTIONED PORT ARTHUR HAS ALWAYS BEEN IMPORTANT TO GIFT OF LIFE.

WE SERVE AS SEVEN COUNTIES SERVICE AREA.

THIS IS HOME.

WE BELIEVE IN EXTENDING OUR SERVICES, AS YOU KNOW, TO WOMEN AND MEN THROUGHOUT SOUTHEAST TEXAS.

BUT PARTICULARLY WHEN YOU LOOK AT THE SOCIAL DETERMINANTS AND SOME OF THE DISPARITIES, WE BELIEVE THIS IS THE MISSION.

THIS IS OUR CAUSE.

WE'RE HERE THERE BEFORE THE GRACE OF GOD GO, I, WE WANT TO SERVE WOMEN AND MEN WHO

[00:20:01]

AND THAT HAS BEEN THE UNDERLYING CAUSE OF WHAT WE DO.

IT'S OUR PASSION, IT'S OUR FERVENT BELIEF IN SERVING THOSE AND HELPING PEOPLE GET ESSENTIAL HEALTHCARE NEEDS THAT MANY OF US HAVE THE PLEASURE OF ENJOYING THROUGH OUR HEALTH INSURANCE POLICIES, BUT NOT FOR MANY.

AND SO, THE GIFT OF LIFE, AS YOU SAID, MAYOR, WE'RE ABLE TO PROVIDE THESE SERVICES BECAUSE OF YOUR SUPPORT, YOUR, THE PORT AUTHORS, C D B G GRANTS, AS WELL AS INDIVIDUALS AND COMPANIES SUPPORT OUR LOCAL NONPROFIT ORGANIZATION.

AND BECAUSE OF THAT, WE GET BACK TO THE COMMUNITY.

WE'RE LOCAL, OUR SERVICES STAY LOCAL, THE FUNDRAISING DOLLARS STAY LOCAL.

AND WE'RE HERE TO HELP THOSE THAT ARE IN NEED.

MANY OF YOU PROBABLY KNOW THAT NOT ONLY DO OUR SERVICES EXTEND BEYOND THE MEDICAL NEEDS, WE HAVE MANY PEOPLE WHO CALL US AND SIMPLY HAVE NOWHERE ELSE TO GO.

AND WE RESPOND TO THOSE CALLS WITH OUR SUPPORT SERVICES THROUGH EDUCATIONAL OUTREACH, AND WE ALWAYS TRY TO ENGAGE EACH PERSON THAT GRACES OUR LIFE WITH THE SAME AMOUNT OF HUMILITY AND RESPECT THAT EACH ONE OF US DESERVES.

AND SO, UH, ON A FUN NOTE, I HADN'T REALLY HEARD MONSTER DASH LIKE THAT BEFORE, MAYOR, BUT WE WILL BE HOSTING OUR FIVE K BREAST AND OVARIAN CANCER WALK IN DOWNTOWN BEAUMONT.

IT'S A REGIONAL INITIATIVE.

IT'S SATURDAY, OCTOBER THE 28TH.

CLAIRE WILL BE WITH US AS ONE OF OUR ANGELS AS WELL OF OUR WINNERS FOR LIFE.

AND MANY OF OUR STAFF MEMBERS WERE ANTICIPATING HOPEFULLY MORE THAN 3000 WALKERS AND PARTICIPANTS.

AND ANYONE WHO'S A BREAST OVARIAN GYNECOLOGICAL SURVIVOR, OR SOMEONE WHO'S A WARRIOR, THEY'RE OUR GUEST.

THEY'RE FREE AND COMPLIMENTARY TO THE WALK.

AND SO THIS WILL BE OUR OPPORTUNITY, IMPORTANTLY, TO RAISE FUNDS, BUT AGAIN, REALLY TO RAISE AWARENESS OF THE DIS THE DISEASES AND THE RISK ASSOCIATED WITH OVARIAN AND BREAST CANCER.

SO WE HAVE A CELEBRATION OF HOPE THAT MORNING.

WE HAVE A WELLNESS VILLAGE THAT INGRID HOLMES IS COORDINATING WITH MORE THAN 22 EDUCATIONAL BOOTHS.

WE HAVE A COSTUME CONTEST, MAYOR, UH, IF ANYONE WOULD LIKE TO PARTICIPATE AT 10 30.

SO YOU'RE LOOKING PRETTY SNAPPY IN THAT PINK.

SO, UH, ANYWAY, WE, UH, WE WELCOME EVERYONE TO COME TO THESE SERV TO, YOU KNOW, TO OUR EVENTS.

AND WE THIS, UH, IT'S, I, AS A MATTER OF FACT, ON THE WAY I HAD A PHONE CALL.

SO WE HAVE THE EXCITING ANNOUNCEMENT THAT WE ARE NOW GOING TO BE KICKING OFF, UH, A MEDICAL PARTNERSHIP WITH THE MEDICAL CENTER OF SOUTHEAST TEXAS.

AND SO WE WERE PROVIDING OUR SERVICES AND WANT TO ENSURE THAT IT'S IN THE NEIGHBORHOOD.

AND WITH THE CHANGES OF THE DIAGNOSTIC HEALTH CENTER, WE'RE NOW GOING TO MOVE INTO AN EXCITING PARTNERSHIP IN NOVEMBER.

SO OUR GIFT TO PORT ARTHUR MID-COUNTY IS WE'RE GONNA HAVE SURPRISE GIFTS, AND WE HAVE NOW MORE THAN 50 FREE MAMMOGRAMS THAT ARE AVAILABLE.

SO PLEASE ENCOURAGE WOMEN IN PORT ARTHUR MID-COUNTY TO CALL US AND TAKE ADVANTAGE OF THESE FREE MEDICAL SERVICES.

AND THEY'RE GOING TO BE CONVENIENTLY LOCATED IN YOUR NEIGHBORHOOD.

SO IF I HAVE JUST A MOMENT, COULD I ASK, UH, OUR LADIES, IF ANYONE WOULD LIKE TO MAKE A COMMENT, PLEASE.

AND SO, RITA DAVIS, WHO IS ONE OF OUR PAST ANGELS AND VOLUNTEERS EXTRAORDINAIRE, I JUST WANNA UND THE COUNCIL, UH, WHICH I'VE MENTIONED BEFORE.

WE HAVE A PROGRAM CALLED ALAC ACTIVE LIVING AFTER CANCER.

THE PROGRAM IS IN CONJUNCTION, UH, IT'S WAS ORIGINATED BY MD ANDERSON.

AND WE ARE GIFT OF LIFE AS A PROVIDER FOR THIS PROGRAM.

UH, IT'S FOR SURVIVORS AND A FRIEND OR A CARETAKER OF THAT SURVIVOR.

IT'S A WONDERFUL, WONDERFUL PROGRAM THAT IS SCIENCE-BASED, UH, IN ITS RESULTS TO EXTEND THE, UH, REMISSION LIFE AND HELP THE CANCER SURVIVOR BE A STRONGER, MORE HEALTHY PERSON, GIVE THEM LIFE TOOLS, UH, SURVIVORSHIP INFORMATION, UH, EXERCISE MOTIVATION AND OPPORTUNITIES.

IT'S REALLY A WONDERFUL PROGRAM.

SO IF YOU KNOW OF ANY SURVIVORS OF ANY FORM OF CANCER, PLEASE HAVE THEM CALL THE OFFICE.

IT'S A 12 WEEK PROGRAM.

IT'S FREE.

UH, IT'S OPEN TO ANY SURVIVOR AND A GUEST, WHETHER IT'S A CARETAKER OR JUST A FRIEND.

AND IT IS A VERY WORTHWHILE PROGRAM.

SO WE HOPE THAT YOU WILL EXTEND THAT INVITATION TO ANY CANCER SURVIVOR THAT YOU MIGHT KNOW.

THE 12 WEEKS GOES BY VERY QUICKLY.

WE HAVE A LOT OF FUN.

THERE'S A LOT OF INTERACTION.

AND, UH, THE PEOPLE AT THE END SAY, WOO, WE THOUGHT 12 WEEKS WAS GONNA BE LONG, BUT NOW WE DON'T WANT IT TO END.

SO IT'S A GOOD THING.

THE REPRESENTATIVES TO PLEASE SPEAK.

AND FOR MANY YOU PROBABLY KNOW, FOR DECADES, WE HAVE HAD THE HONOR OF BEING ASSOCIATED WITH WINNERS FOR LIFE, A NONPROFIT WHO HAS FURTHERED OUR LIFESAVING MISSION BY PROVIDING INVALUABLE RESOURCES AND FINANCIAL SUPPORT.

AND WOULD LIKE ONE OF

[00:25:01]

I'LL, I'LL BE THE ONE.

BUT ANYWAY, WE WOULD LIKE TO ALSO INVITE YOU ALL TO OUR, UH, WINGS AND WAFFLE THAT'S COMING UP ON OCTOBER THE 28TH.

AND THIS IS ONE OF OUR BIG FUNDRAISERS BECAUSE WE ALWAYS TRY TO RAISE MONEY TO GIVE TO THE GIFT OF LIFE FOR, UH, THOSE OF US WHO HAVE CANCER AND, UH, WHO NEEDS TO HAVE THE PREVENTION.

SO WE ASK THAT YOU ALL SUPPORT US FOR THIS CAUSE.

AND, UH, THANK YOU FOR THIS MAYOR, MAYOR, AND WE REALLY APPRECIATE IT.

THANK YOU VERY MUCH.

I DON'T HAVE ANY LIGHTS, BUT THANK YOU VERY MUCH FOR COMING OUT TODAY AND MAKING US AWARE OF ALL OF THE AMAZING ACTIVITIES THAT YOU ARE IN SUPPORT THAT YOU'RE PROVIDING TO THE CITY OF PORT ARTHUR AND ABROAD.

THANK YOU AGAIN.

THANK YOU VERY MUCH.

OH, MR. LEWIS, YOU CHANGED YOUR MIND.

NO, I DIDN'T CHANGE MINE.

YOU DIDN'T KNOW MY LIFE WAS MINE.

MS. LEWIS, I CERTAINLY APPRECIATE THE GREAT WORK THAT YOU ALL ARE DOING.

I'M JUST LETTING THEM KNOW THAT I APPRECIATE THE GREAT WORK THAT Y'ALL ARE DOING IN INFORMING THE COMMUNITY AND EVERYTHING.

OKAY? YES.

UH, I WANT TO EXERCISE EXECUTIVE PRIVILEGE AT THIS JUNCTURE.

UH, AT THIS JUNCTURE,

[VII.C.(15) P.R. 23354 – A Resolution Authorizing The City Manager To Accept A Donation From Golden Pass LNG, LLC In The Form Of Two Zoll Auto Pulse Devices For Life Safety To Residents, Visitors And Workers In The City Of Port Arthur In The Event Of Cardiac Arrest Events]

MOVE TO PAGE, UH, SEVEN AT ITEM NUMBER 15.

IT'S ON THE CONSENT AGENDA, AND WE WANT TO PULL THAT ITEM RIGHT NOW AND ACT UPON THIS ITEM.

AND IT'S ITEM NUMBER 15 ON PAGE SEVEN.

IT'S P R NUMBER 2, 3 3, 5 4.

IT'S A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE DONATION FROM GOLDEN PASS, L N G L L C IN THE FORM OF TWO Z AUTO PULSE DEVICES FOR LIFE SAFETY, UH, TO RESIDENTS, VISITORS, AND WORKERS IN THE CITY OF PORT ARTHUR.

IN THE EVENT OF, UH, CARDIAC ARREST EVENTS, UH, MAY I GET A MOTION FOR APPROVAL? COUNCILMAN KINLOCK.

UM, AS YOU ALL KNOW, GOLDEN PASS HAS BEEN PART OF THE SABINE PASS COMMUNITY FOR THE LAST 20 YEARS FROM OUR START AS AN L N G IMPORT TERMINAL TO THE EXPORT TERMINAL THAT WE'RE IN THE PROCESS OF BUILDING TODAY.

MAYOR, MAY I GET A SECOND? COUNCILMAN? UH, UH, MAYOR PRO TEM.

SECOND, IT'S BEEN MOVED.

AND SECOND, THAT WE WOULD ACCEPT, UH, AND THE CITY MANAGER WOULD BE EMPOWERED TO ACCEPT THE DONATION, AND I BELIEVE WE HAVE REPRESENTATIVES WHO ARE COMING FORWARD TO PRESENT IT.

COME RIGHT ON CHIEF, I THINK, I GUESS YOU'RE GOING TO BE THE SPEAKER FOR THAT.

OH, GOOD MORNING, MAYOR AND COUNCIL, JUST, UH, THANK YOU FOR, UH, PROVIDING THIS OPPORTUNITY TO RECOGNIZE THE PHENOMENAL DONATION THAT GOLDEN PASS L N G IS MAKING TO THE AUTO PULSES.

THAT THE AUTO PULSE, FOR THOSE THAT MAY NOT KNOW THEIR AUTOMATIC C P R DEVICES, THE COUNCIL APPROVED TWO OF THEM ABOUT A YEAR AND A HALF AGO, AND SINCE THAT TIME WHEN WE'VE USED THEM, WE'VE SEEN A 30% SURVIVAL INCREASE IN PEOPLE THAT IN CARDIAC ARREST HERE IN THE CITY.

SO, AND THE TWO THAT ARE BEING DONATED BY GOLDEN PASS, ONE OF 'EM IS GOING TO BE ASSIGNED DOWN TO STATION FOUR, WHICH IS DOWN NEAR THEM.

THE OTHER WILL BE ASSIGNED AT STATION TWO.

AND WE ACTUALLY HAVE THE ENGINE TWO CREW HERE WITH US TODAY.

STATION TWO TAKES CARE OF THE WEST SIDE, AND ACTUALLY THEY ALSO RESPOND TO CITY HALL.

SO, UM, I ALSO WANNA JUST MENTION TOO, FOR GENERAL AWARENESS THAT WE ARE DOING, CONTINUING TO DO COMMUNITY C P R CLASSES, HANDSON C P R CLASSES.

WE'RE DOING ANOTHER ONE ON OCTOBER 19TH AT 12 O'CLOCK OVER AT THE CIVIC CENTER.

THEY'RE AT NO COST TO THE, TO ANYBODY THAT ATTENDS IT TAKES ABOUT AN HOUR.

SO, UM, WE HAVE SOME FOLKS HERE FROM GOLDEN PASS, SO YOU ALL MAY.

YEAH, SURE.

FOLKS, I'LL SAY JUST, JUST A COUPLE THINGS.

UH, MAYOR BARTEE AND, AND COUNCIL MEMBERS.

MY NAME'S JEREMY HORN.

I'M THE OPERATIONS VICE PRESIDENT FOR GOLDEN PASS.

UM, APPRECIATE, APPRECIATE THE OPPORTUNITY TO BE HERE WITH YOU TODAY.

[00:30:01]

AND, AND, UH, WE, WE WOULDN'T BE AWARE WE ARE WITHOUT THE SUPPORT OF THE CITY OF PORT ARTHUR AND THE SABINE PASS COMMUNITY.

UM, THROUGHOUT OUR TIME HERE, WE'VE, WE'VE WORKED HARD TO EARN A REPUTATION AS A VALUE PARTNER THROUGH DIALOGUE AND COLLABORATION, UM, AND INVESTMENTS IN THE COMMUNITY.

UM, AND IT'S IMPORTANT TO US THAT OUR NEIGHBORS SHARE IN THE GROWTH, UM, IN OUR GROWTH BY IMPROVING ECONOMIC OPPORTUNITY, IMPROVING SAFETY, AND, AND PROTECTING THE ENVIRONMENT AROUND US.

SO WE SEE THIS AS, AS JUST ANOTHER EXTENSION OF THAT, AN OPPORTUNITY TO, TO PRESENT THE CITY OF PORT ARTHUR WITH THESE ZOLL AUTO POST PULSE C P R DEVICES.

AS, AS CHIEF BENSON SAID, THE, THE STATISTICS AROUND, YOU KNOW, THE BENEFIT THAT THESE BRINGS IS, IS VERY IMPRESSIVE.

SO THANK YOU FOR, FOR HAVING US AND APPRECIATE, APPRECIATE BEING HERE WITH YOU TODAY.

WE CERTAINLY APPRECIATE IT.

IT, WELL, YOU KNOW, I'M NOT GONNA PASS UP A CHANCE TO GET THE MICROPHONE AND SPEAK TO YOU GUYS.

SO I'M MARYANNE REID.

I'M THE COMMUNITY AFFAIRS ADVISOR FOR GOLDEN PASS, L N G.

UM, I KNOW ALL OF YOU, AND YOU KNOW, MY BACKGROUND IS, UH, IN, IN MY SPECIAL PLACE IN MY HEART IS FOR, UH, THE MEDICAL COMMUNITY.

UM, NONE OF US ARE GETTING ANY YOUNGER, AND WE ALL KNOW THAT AT SOME POINT, UH, WE HAVE TO SUPPORT YOU GUYS FOR WHAT YOU DO FOR EACH ONE OF US.

UM, BECAUSE AT ANY GIVEN POINT, WE MIGHT NEED THIS.

UM, IF YOU'VE EVER DONE C P R FOR ANY AMOUNT OF TIME, YOU KNOW HOW EXHAUSTING IT IS, UM, AND THE CONSISTENCY AND HOW IMPORTANT IT IS FOR OUR WELLBEING.

SO FOR YOU GUYS, IS A GIFT TO THE FIRE DEPARTMENT A GIFT FOR ALL YOUR HARD WORK, UM, AND HELPING US, IT, IT'S JUST A, A LITTLE BIT OF SOMETHING FOR GOLDEN PASS TO GIVE BACK TO PORT ARTHUR, UM, AND TO OUR FIRE DEPARTMENT.

OKAY, THANK YOU.

UH, COUNCILMAN FRANK.

JUST WANNA SAY THANK YOU SO MUCH FOR YOUR GIFTS.

AND THEN I WANT TO APPRECIATIVELY APPLAUD, UH, OUR FIRST RESPONDERS AND THOSE INDIVIDUALS, UH, WHO ARE ON THE FRONT LINE, UH, SO MUCH TRYING TO, UH, UH, HELP THOSE INDIVIDUALS WHO ARE IN NEED.

BUT WE THANK OUR COMMUNITY AND BUSINESS PARTNERS, UH, FOR THESE WONDERFUL GIFTS.

UH, AND AS YOU SAID, NONE OF US ARE GETTING ANY OLDER AND, UM, EVEN YOUNGER.

YOUNGER, NONE OF US ARE GETTING ANY YOUNGER.

UH, WE ARE GETTING OLDER.

BUT, UH, IT IS IMPORTANT, UH, THAT IT IS IMPORTANT THAT WE DO DO EVERYTHING THAT WE CAN, UH, TO, UH, RESPOND, UH, TO THE NEEDS OF ALL.

AND THANK YOU FOR YOUR GIFT ON TODAY.

WE APPRECIATIVE, WE APPRECIATIVE OF IT.

AND AGAIN, THANK YOU ALL, EACH OF YOU, UH, FIRST RESPONDERS FOR GREAT JOB, BUT YOU ALL DO CHIEF YOUR ENTIRE STAFF AND FOR GOLDEN PAST FOR THINKING OF THE CITIZENS OF FORT ARTHUR AND PROVIDING US WITH MEDICAL EQUIPMENT THAT WILL ACTUALLY PROLONG LIFE.

WHETHER YOU ARE OLD OR YOUNG, CARDIAC ARREST CAN TAKE PLACE.

AND WE NEED INSTRUMENTS AND, AND, UH, EQUIPMENT LIKE THIS.

SO WE THANK YOU FOR THAT.

MAYOR, IF I COULD ADD ONE QUICK THING.

JUST, UH, SO YOU KNOW, THE T-SHIRTS THAT THE FIREFIGHTERS HAVE, THEY'RE PINK, THEY'RE ALLOWED, THEY'RE IN RECOGNITION OF BREAST CANCER AWARENESS MONTH, AND THEY'RE ALLOWED TO WEAR THESE PINK T-SHIRTS IN SUPPORT OF THE COMMUNITY AS YOU SPOKE EARLIER, DURING THE MONTH OF OCTOBER.

AND I KNOW I'VE SEEN THE, UH, AT, AT STATION TWO, THE, UH, THE RIBBON OUTSIDE.

UM, THAT, UH, I HAVE A PRETTY BIG POWERPOINT, BUT THAT'S BECAUSE OF THE LAST TIME I WAS HERE.

YEP.

Y'ALL PROBABLY NEED TO GET ANOTHER ONE.

I'M PRETTY CLOSE TO THOMAS TOO.

AND NOW WE'LL GO BACK TO OUR NORMAL FLOW OF, UH, THE AGENDA BACK ON PAGE ONE.

WE'RE READY

[III. PETITIONS & COMMUNICATIONS]

NOW FOR PRESENTATIONS.

WE HAVE A PRESENTATION BY ATTORNEY, UH, KAREN KENARD, REGARDING AN UPDATE OF THE TEXAS LEGISLATIVE SESSION.

GO RIGHT AHEAD.

ATTORNEY.

UH, MAYOR, CAN I, UH, GOOD MORNING, MAYOR, MEMBERS OF COUNCIL.

I'M KAREN KENARD, UH, MY LAW FIRM AND I, WE REPRESENT YOU, UH, FOR LEGISLATIVE, UH, ISSUES IN AUSTIN.

UH, I'VE BEEN ASKED TO COME BACK, UH, AND GIVE YOU ANOTHER UPDATE ON LEGISLATION, BUT TO SPECIFICALLY FOCUS ON, UH, UH, ONE PARTICULAR PIECE OF LEGISLATION THAT PASSED DURING THE REGULAR SESSION.

I WILL SAY THAT, UM, I'LL HAVE A POWERPOINT.

I'M GONNA TRY TO USE IT HERE.

UM,

[00:35:01]

EVERYBODY ASKED TO SEE THAT.

BUT I'M ONLY GONNA START WITH THE PROVISIONS RELATED, UH, TO HB 2127, WHICH ARE ON PAGE SEVEN OF THE POWERPOINT, IF I CAN GET THIS TO MOVE.

UM, RIGHT NOW THE LEGISLATURE IS BACK.

THEY STARTED YESTERDAY, UH, IN A SPECIAL SESSION, UH, THAT IS GOING TO HEAR, UH, ABOUT FIVE ISSUES.

BUT I'M GONNA START HERE WITH, UH, THE BILL ON, UH, HB 2127.

UH, THIS BILL, UH, IS A STATE PREEMPTION BILL.

IT'S, UH, COMMONLY KNOWN AS THE DEATH STAR BILL.

UH, UNDER THE PROVISIONS OF HB 2127, UH, IT'S CREATED A NEW CONCEPT OF PREEMPTION IN THE STATE OF TEXAS RELATED TO FIELD PREEMPTION.

UH, THAT'S A CONCEPT THAT HAD NOT PREVIOUSLY BEEN APPLIED TO HOW THE STATE LAWS CAN PREEMPT LOCAL REGULATIONS.

UNDER HB 2127, A CITY OR A COUNTY IS PROHIBITED FROM ADOPTING OR ENFORCING OR EVEN MAINTAINING A REGULATION, UH, ORDER OR RULE THAT IS IN, UH, A FIELD OF REGULATION THAT HAS BEEN OCCUPIED BY THE STATE.

UH, THE BILL, UH, SAYS THAT, UH, YOU CAN'T DO THAT UNLESS, UH, THE COUNTY OR THE CITY HAS BEEN EXPRESSLY AUTHORIZED TO REGULATE IN THAT AREA.

UH, THE BILL WAS SIGNED ON JUNE 14TH, AND IT BECAME EFFECTIVE ON SEPTEMBER 1ST, UH, UNDER, UH, THE PROVISIONS OF HB 2127.

THERE ARE SEVERAL, UH, STATE CODES THAT THE BILL SAYS THAT IT PREEMPTS.

UH, SPECIFICALLY IT LISTS, UH, THE TEXAS AGRICULTURE CODE, THE TEXAS BUSINESS AND COMMERCE CODE, THE TEXAS FINANCE CODE, THE TEXAS INSURANCE CODE, THE TEXAS LABOR CODE, THE TEXAS NATURAL RESOURCES CODE, THE TEXAS OCCUPATIONS CODE, AND THE TEXAS PROPERTY CODE.

AND THE BILL BASICALLY JUST SAYS THAT UNDER THIS BILL, THOSE PARTICULAR CODES ARE PREEMPTED FROM REGULATION BY LOCAL GOVERNMENTS.

SO, I'D LIKE TO START BRIEFLY WITH, UH, THE PROVISIONS THAT RELATE UNDER THE TEXAS CONSTITUTION THAT RELATE TO A HOME RULE CITY LIKE THE CITY OF PORT ARTHUR, UH, UNDER THE STATE CONSTITUTION, THE CONSTITUTION SETS A STANDARD THAT, UH, HOME RULE CITIES HAVE THE FULL POWER OF SELF-GOVERNMENT.

AND THE CONSTITUTION SAYS THAT THAT POWER OF SELF-GOVERNMENT IS ONLY SUBJECT TO CONTRARY STATE LAW AND THE TEXAS CONSTITUTION.

SO THAT PROVISION ON THAT, THE LAW HAS TO BE CONTRARY TO THE STATE LAW.

AND THE STATE CONSTITUTION IS A CONSTITUTIONAL STANDARD UNDER ARTICLE 11, SECTION FIVE OF THE TEXAS CONSTITUTION.

AND SO, HOME RULE CITIES THEN UNDER THOSE PROVISIONS, ARE, HAVE BEEN FREE TO REGULATE WHERE THE STATE HAS NOT ENACTED A CONTRARY LAW.

AND, UH, UNLIKE GENERAL LAW, CITIES AND COUNTIES, HOME RULE CITIES UNDER THE TEXAS CONSTITUTION ARE NOT REQUIRED TO LOOK TO STATE LAW FOR THEIR AUTHORITY TO ACT.

AND AGAIN, THAT'S ARTICLE 11, SECTION FIVE OF THE STATE CONSTITUTION.

AND THE ONLY LIMITING PROVISION UNDER THAT CONSTITUTIONAL, UH, PROVISION IS THAT THERE HAS TO BE A CONFLICT.

SO, UH, TEXAS COURTS AND INTERPRETING THAT CONSTITUTIONAL PROVISION HAVE FOUND THAT IF A PERSON IS SEEKING TO ASSERT THAT A STATE LAW PREEMPTS A LOCAL REGULATION, UH, THAT PERSON HAS TO SHOW THAT THERE IS A DIRECT AND IRRECONCILABLE CONTRACT BETWEEN THAT, BETWEEN STATE LAW AND THAT LOCAL LAW, AND THAT THE INTENT BY THE STATE WAS TO PREEMPT LOCAL LAW WITH UNMISTAKABLE CLARITY.

SO STATE COURTS HAVE FOUND THIS TWO-PART TEST.

YOU HAVE TO FIND THIS CONFLICT, AND YOU HAVE TO FIND THAT THERE IS UNMISTAKABLE CLARITY IN THE PREEMPTION.

THAT'S WHAT THE STATE COURTS, THAT'S THE LAW THAT'S CURRENTLY ON THE BOOK RELATED TO THE CONSTITUTIONAL PROVISIONS RELATED TO PREEMPTION OF LOCAL REGULATIONS.

THE

[00:40:01]

TEXAS SUPREME COURT HAS BEEN EVEN MORE CLEAR, I THINK, IN THAT, AND THAT THE SUPREME COURT HAS SAID THAT A LOCAL LAW IS PREEMPTED BY STATE LAW ONLY TO THE EXTENT WHERE YOU FIND THAT THERE IS A CONFLICT.

AND THE COURT HAS SAID THAT THE MERE FACT THAT THE STATE HAS ENTERED INTO A FIELD OF REGULATION DOES NOT AUTOMATICALLY PREEMPT A LOCAL REGULATION.

THE SUPREME COURT HAS SAID THAT A A CITY AND A STATE CAN BOTH BE IN THE SAME FIELD OF REGULATION.

SO HERE IS WHERE WE GET INTO HOW 2127 WORKS OR HAS, OR, OR MAY WORK.

UH, LET'S SEE, COMPUTER.

OKAY, THERE WE ARE UNDER THE PROVISIONS OF THE NEW LAW, WHICH ARE CONTAINED IN CHAP IN SECTION 51.002 OF THE TEXAS LOCAL GOVERNMENT CODE.

UH, THAT I, I I SAID THAT.

BUT IT SAYS THAT A GOVERNING BODY MAY NOT ADOPT, ENFORCE, OR MAINTAIN A ORDINANCE OR RULE.

IF IT IS ONLY, IF IT'S CONSISTENT WITH STATE LAW, THAT CREATES A CONFLICT WITH WHAT THE CONSTITUTION SAYS BECAUSE IT APPEARS TO SHIFT THE BURDEN ON CITIES TO SHOW THAT THERE IS CONSISTENCY WITH STATE LAW, WHERE THE CONSTITUTION BASICALLY JUST SAYS YOU HAVE TO HAVE A DIRECT CONFLICT AND IT CAN'T BE INCONSISTENT WITH STATE LAW.

SO THERE SEEMS TO BE IN A SHIFTING BY A, A STATE REGULATION WITH THE STATE CONSTITUTION, AND UNDER THE LAW OF PREEMPTION, GENERALLY THE CONSTITUTION WILL PREVAIL.

BUT LET'S GO ON AND LOOK AT OTHER PROVISIONS OF THIS LAW.

UNDER HB 2127, THE NEW LAW AUTHORIZES A PERSON WHO BELIEVES THEY HAVE SUSTAINED AN INJURY, IN FACT, AN ACTUAL INJURY OR SOME THREATENED INJURY TO CHALLENGE A LOCAL REGULATION, UH, ON THE BASIS THAT IT CONFLICTS WITH HB 2127, THAT IT IS IN CONFLICT WITH THOSE PROVISIONS, ANY OF THOSE STATUTES THAT I LISTED.

UH, THE LAW ALSO ALLOWS A, A TRADE ASSOCIATION TO REPRESENT A PERSON TO BRING AN ACTION TO CHALLENGE A REGULATION THAT THEY BELIEVE MAY BE IN CONFLICT.

AND MORE IMPORTANTLY, ON THE PROVISIONS OF THIS ACT.

AS YOU KNOW, CITIES GENERALLY ENJOY BROAD IMMUNITY FROM SUIT.

THIS PARTICULAR PROVISION WAIVES THAT IMMUNITY TO THE EXTENT OF ANY LIABILITY THAT MIGHT BE CREATED.

UH, UNDER THE LAW.

THERE WE'RE, UH, THE BILL REQUIRES THAT IF A CITY, UH, FIRST OF ALL, THAT A CITY IS ENTITLED TO RECEIVE NOTICE, THE BILL SAYS THAT IF YOU BELIEVE THAT THERE IS SOME CONFLICT BETWEEN A LOCAL REGULATION AND ONE OF THE STATUTES LISTED IN HB 2127, UH, A PERSON HAS TO BRING A CLAIM AT LEAST THREE MONTHS BEFORE THEY FILE SOME TYPE OF ACTION TO, UH, IN COURT.

AND, UH, IT ALSO ALLOWS THAT IF A PERSON BRINGS A CLAIM, UH, THEIR ONLY RELIEF IS DECLARATORY JUDGMENT OR INJECTIVE RELIEF, WHICH MEANS, AND THEY CAN ALSO RECEIVE ATTORNEY'S FEES, WHICH MEANS THAT THEY CAN HAVE A, A COURT DECLARE THAT YOUR LOCAL REGULATION, UH, IS IN CONFLICT OR IS, UH, IS NOT CONSISTENT WITH THE STATUTE, AND THEN THEY CAN THEN PREVENT YOU FROM ENFORCING THOSE REGULATIONS.

HOWEVER, IF A CITY PREVAILS, UH, IN A PARTICULAR ACTION, IT HAS TO SHOW THAT, UH, THE ACTION WAS BROUGHT FRIVOLOUSLY BEFORE THEY CAN RECOVER THEIR, UH, ATTORNEY'S FEES IN SUCH AN ACTION.

UH, THE BIG LEGAL QUESTION THAT H B 2127, THE STATE PREEMPTION LAW POSES, IS HOW DO YOU RECONCILE THE CONSTITUTIONAL HOME RULE SELF-GOVERNANCE PROVISIONS WITH A STATE PROVISION WHERE YOU'RE ONLY LOOKING FOR A NO CONFLICT REQUIREMENT TEST? AND SO THIS BIG CONSTITUTIONAL ISSUE IS NOW, UH, CAUSING, UH, LOTS OF PEOPLE TO QUESTION HOW YOU DO THAT.

SO IT APPEARS THAT, UH, THE, THE, THE PROVISIONS SAY THAT UNLESS A MUNICIPAL OR COUNTY REGULATION IS EXPRESSLY AUTHORIZED BY

[00:45:01]

SOME OTHER STATUTE, CONSTITUTIONAL HOME, RURAL CITIES ARE NOW GOING TO BE TREATED LIKE GENERAL LAW CITIES AND COUNTIES UNDER THE STATE.

THAT'S WHAT IT APPEARS TO SAY.

EVEN THOUGH THE CONSTITUTION IS STILL THERE, THAT GIVES THE OTHER AUTHORITY.

SO LET'S LOOK AT, UM, HOW, UM, WE THINK, UM, UH, THIS, THIS MAY PLAY OUT RIGHT NOW.

THE CITY OF HOUSTON FILED A LAWSUIT BACK IN AUGUST, CHALLENGING HB 2127.

THE CHALLENGE WAS THAT THE LAW IS UNCONSTITUTIONAL BECAUSE IT DOES CONFLICT WITH THE STATE CONSTITUTION.

UH, THAT LAWSUIT WAS JOINED BY THE CITIES OF SAN ANTONIO IN EL PASO.

AND UNDER STATE LAW, ANY CHALLENGE TO A LAW OR A BILL HAS TO BE FILED IN A TRAVIS COUNTY DISTRICT COURT.

UH, THAT CASE WAS HEARD IN TRAVIS COUNTY IN AUGUST, AND THE DISTRICT COURT FOUND THAT HB 2127 WAS UNCONSTITUTIONAL.

HOWEVER, UNDER STATE LAW, UH, THERE WAS AN IMMEDIATE APPEAL AND THE IMMEDIATE APPEAL, UH, DEFERRED THE ENFORCEMENT OF THAT DISTRICT COURT'S JUDGMENT, WHICH BASICALLY MEANS THAT HB 2127 DID GO INTO EFFECT ON SEPTEMBER 1ST.

SO LET'S NOW MOVE TO THE QUESTION THAT WE'VE ALSO BEEN ASKED TO, TO DISCUSS WITH YOU TODAY, AND THAT IS, HOW ARE PEOPLE INTERPRETING HB 2127 IN RELATIONSHIP TO LOCAL REGULATIONS? ONE OF YOUR REGULATIONS, UH, I BELIEVE SOMEONE HAS CHALLENGED OR HAS RAISED QUESTIONS AND CONCERNS ABOUT, AND THAT IS YOUR LOCAL TOWING REGULATIONS.

UM, AND WHAT, WHAT WE HAVE LOOKED AT IS WE, WE SAW YOUR REGULATIONS AND WE, WE HAVE TRIED TO ANALYZE THEM UNDER THE PROVISIONS OF HB 2127, AND BASED ON THE CURRENT STATE LAW AND THE FEDERAL LAW, THE CURRENT FEDERAL LAW THAT GOVERNS TOWING REGULATIONS, WE DON'T BELIEVE THAT YOUR REGULATIONS ARE PREEMPTED UNDER HB 2127, THAT THERE ARE BOTH STATE AND FEDERAL LAW, WHICH HB 2127 SAYS YOU HAVE TO LOOK TO.

WE BELIEVE THAT THERE ARE, UH, STATE AND FEDERAL LAW THAT ALLOW YOU TO HAVE THE REGULATIONS THAT YOU HAVE.

SO LET'S GO A LITTLE BIT MORE INTO THAT.

UH, IT LOOKS LIKE IN, UH, NOVEMBER OF 2022, THE CITY ADOPTED ORTON, IT'S NUMBER 22 DASH 78, AND RELATED TO, UH, RESPONSIBILITY OF RECORD DRIVERS.

AND IT LOOKS LIKE UNDER THAT ORDINANCE, YOU ESTABLISH THAT, UH, UNLESS A RECORD IS BEING OPERATED FOR PURPOSES OF TOWING A VEHICLE THAT NO RECORDS COULD BE PARKED IN ANY OPEN PARKING SPACE, GARAGE, CARPORT, DRIVEWAY, FRONT YARD, OR SIMILAR PARKING FACILITIES IN A RESIDENTIAL DISTRICT.

SO THOSE ARE THE REGULATIONS IN WHICH I THINK SOME CONCERNS HAVE BEEN RAISED.

SO IF YOU LOOK AT START WITH, WE'RE GONNA START WITH THE, LIKE I SAID, THERE IS STATE AND FEDERAL LAW THAT GOVERNS, UH, TOWING AND RECORDS.

IF YOU'LL LOOK AT THE STATE LAW, UH, TOWING AND ITS OPERATORS ARE REGULATED THROUGH THE TEXAS OCCUPATIONS CODE, UH, CHAPTER 2308.

AND AGAIN, THE OCCUPATIONS CODE IS ONE OF THOSE CODES THAT IS LISTED IN HB 2127.

AND THE PREEMPTION LANGUAGE IN HB 2127 SAYS THAT UNLESS EXPRESSLY AUTHORIZED UNDER STATE STATUTE, A CITY MAY NOT REGULATE AND IN, IN ANY AREA UNDER THE OCCUPATIONS CODE.

SO WHAT WE'RE GOING TO IS WHAT DOES THE OCCUPATIONS CODE SAY? IN THE CASE OF TOWING OPERATORS, THERE ARE TWO VERY SPECIFIC STATUTORY GRANTS OF AUTHORITY FOR A CITY TO REGULATE THEM UNDER 2308 OF THAT CODE, AS WELL AS OTHER PROVISIONS IN FEDERAL LAW, UH, UNDER THE TEXAS OCCUPATIONS CODE, UH, SECTION 2308 0.201 PROVIDES THAT A CITY MAY REGULATE TOWING TRUCKS.

UH, SPECIFICALLY IT SAYS THAT A POLITICAL SUBDIVISION OF THE STATE MAY REGULATE THE OPERATION OF A TOW TRUCK TO THE EXTENT ALLOWED UNDER FEDERAL LAW.

AND THEN IT SAYS THAT YOU CAN'T REGULATE, UH, TOWING TRUCKS, UH, RELATED TO THEIR LIGHTING EQUIPMENT.

THE REGULATION HAS BEEN CALLED INTO QUESTION, DOESN'T DEAL WITH LIGHTING EQUIPMENT.

SO UNDER THOSE PROVISIONS OF THE OCCUPATION CODE, YOU THEN TURN TO FEDERAL LAW.

WHAT DOES FEDERAL LAW

[00:50:01]

SAY ABOUT TOWING TRUCKS AND LOCAL GOVERNMENT'S AUTHORITY TO OPERATE? THERE ARE SOME LIMITS ON THE AUTHORITY, UH, OF STATES AND POLITICAL SUB SUBDIVISIONS TO, UH, REGULATE.

AND THOSE LAWS UNDER FEDERAL LAW RELATE TO THE PRICE, THE ROUTE OR THE SERVICE OF A MOTOR CARRIER OR ANY PRIVATE MOTOR CARRIER BROKER OR FREIGHT FORWARDER.

A TOW TRUCK IS CONSIDERED A MOTOR CARRIER UNDER THE PROVISIONS OF, OF FEDERAL LAW, UH, AND LOTS OF CASES HAVE INTERPRETED THAT, THAT THEY ARE MOTOR CARRIERS UNDER THOSE PROVISIONS OF FEDERAL LAW.

HOWEVER, FEDERAL LAW ALSO HAS TWO SPECIFIC EXCEPTIONS, UH, THAT, UH, ALLOW LOCAL REGULATION.

FIRST, FEDERAL LAW SAYS THAT THE FEDERAL PREEMPTION OF LOCAL REGULATION DOES NOT APPLY TO THE AUTHORITY OF A STATE OR A POLITICAL SUBDIVISION TO ENACT A LAW REGULATION THAT RELATES TO BASICALLY NON-CONSENT TOWS.

SO LOTS OF CITIES HAVE REGULATIONS THAT, UH, SET WHEN AND WHERE AND HOW A A TOWING COMPANY CAN CONDUCT A NON-CONSENT TOW AND NON-CONSENT TOWS ARE GENERALLY THOSE TOWING OPERATIONS THAT OCCUR, SAY WHEN SOMEONE HAS AN ACCIDENT, OR THERE MAY BE A DISABLED VEHICLE ON THE HIGHWAY.

SO FEDERAL LAW SAYS THAT YOU CAN REGULATE IN THAT AREA.

THE SECOND EXEMPTION UNDER THE FEDERAL PREEMPTION, AND THIS IS THE BIG ONE, IT RELATES TO SAFETY REGULATIONS.

AND WHAT THE COURTS HAVE SAID IS THAT FEDERAL LAW DOESN'T PREEMPT WHAT THEY REFER TO AS YOUR POLICE POWER.

AND WE KNOW THAT THE POLICE POWER IS THE POWER TO REGULATE ON BEHALF OF THE GENERAL HEALTH, SAFETY, AND WELFARE OF YOUR COMMUNITY.

AND THE FEDERAL COURTS HAVE INTERPRETED THE SECOND EXEMPTION TO DETERMINE THE SCOPE OF THAT REGULATION.

AND THE CASES HAVE BASICALLY SAID THAT THE FEDERAL, THE, THE SECOND REGULATION UNDER STATE LAW IS BASIC.

I MEAN, UNDER FEDERAL LAW IS BASICALLY AN ECONOMIC TYPE OF REGULATION.

THE CASES ARE VERY CLEAR THAT YOU CAN'T HAVE ECONOMIC REGULATIONS OF MOTOR CARRIERS, BUT IT DOES NOT PREEMPT, LIKE I SAID, YOUR TRADITIONAL POLICE POWER TO REGULATE A HEALTH SAFETY AND WORLD PLAYER.

SO UNDER YOUR ORDINANCE, UH, RECORDS, UH, IT, UH, IT PREVENTS, UH, WRECK FROM BEING PARKED IN CERTAIN PLACES IN RESIDENTIAL DISTRICTS.

OF COURSE, THE ORDINANCE DOESN'T FALL UNDER THE FIRST FEDERAL PREEMPTION, WHICH RELATES TO NON-CONSENT TOWS, BUT IT DOES FALL UNDER THE SECOND ONE RELATED TO THE POLICE POWER.

AND IT GIVES YOU THAT AUTHORITY TO REGULATE FOR THE, FOR THE POLICE POWER.

UH, IT'S NOT AN ECONOMIC REGULATION THAT YOU'VE ENACTED.

SO BASED UPON EVERYTHING THAT WE'VE BEEN ABLE TO DETERMINE, YOUR ORDINANCE APPEARS TO BE A VALID EXERCISE OF THE AUTHORITY THAT WAS GRANTED TO YOU BOTH UNDER THE OCCUPATIONS CODE AND UNDER FEDERAL LAW.

I WANNA TURN TO ANOTHER PROVISION OF THE OCCUPATIONS CODE THAT I THINK IS, IS ALSO VERY APPLICABLE TO THIS PROVISION.

UNDER PROVISIONS OF, UH, THE TEXAS OCCUPATIONS CODE.

IT SAYS THAT A GOVERNING BODY OF A CITY OR A COMMISSIONER'S COURT MAY ADOPT AN ORDINANCE THAT IS EITHER IDENTICAL TO STATE LAW OR THAT IMPOSES ADDITIONAL REQUIREMENTS THAT EXCEED THE MINIMUM STANDARDS IN THE CODE.

AND YOU CAN'T, YOU CAN'T, YOU CANNOT ADOPT ANYTHING THAT CONFLICTS WITH THE OCCUPATIONS CODE.

SO THIS SECOND PRONG OF THE OCCUPATION CODE SPECIFICALLY GIVES YOU THE AUTHORITY TO ADOPT ADDITIONAL REQUIREMENTS, AND THERE ARE NO REQUIREMENTS IN THE OCCUPATION CODE THAT RELATED TO WHERE A VEHICLE CAN BE PART.

SO THERE IT DOES NOT CONFLICT WITH THE OCCUPATIONS CODE.

UM, SO, UH, JUST I GUESS IN SUMMARY, UH, IN LOOKING AT HB 2127, UM, AND WHETHER OR NOT IT YOU HAVE BEEN GRANTED AUTHORITY TO REGULATE IN THIS AREA, I BELIEVE THAT YOU HAVE BOTH UNDER STATE AND FEDERAL LAW, AND THAT BASED UPON THOSE STATES AND FEDERAL LAW, UH, I, I DON'T BELIEVE THAT HB 2127 PREEMPT YOUR LOCAL TOWING REGULATIONS.

AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

MAYOR, I HAVE A YES, MA'AM.

I HAVE A QUICK COMMENT, , RIGHT.

AND I KNOW COUNCIL MEMBERS HAVE QUESTIONS.

I JUST WANTED TO THANK YOU FOR THE PRESENTATION AND THIS REALLY TALKS ABOUT, UH, SEVERAL LEGISLATIVE ITEMS MM-HMM.

AND, UH, WE ARE GOING TO, UH, BE WORKING WITH STAFF TO MAKE SURE THAT THIS IS ON THE, ALL THE PAPERS THAT YOU HAVE REQUESTED

[00:55:01]

ARE ON A, A, WHAT IS IT, A VISIBLE PLACE OR A EASY PLACE TO FIND ON THE WEBSITE.

SO WE'LL BE PUTTING UP ALL THESE PRESENTATIONS AND, UH, WE'LL HAVE COPIES READY.

BUT, YOU KNOW, WE DID TALK ABOUT OTHER AREAS OF LEGISLATIVE INTERESTS MM-HMM.

OR, UH, IN THE PROCEEDING PAGES.

AND IF THERE'S ANYTHING ELSE THAT, UH, ANOTHER SUBJECT YOU HAVE QUESTIONS ON, UH, WE'LL BE HAPPY TO DELVE INTO THAT, UH, IF NEEDED.

BUT WE ARE GONNA FIND A GREAT PLACE ON THE WEBSITE TO START PUTTING ALL OF OUR PAPERS SO THAT THE PUBLIC WILL HAVE THIS INFORMATION.

AND THANK YOU, KAREN, FOR YEAH, YOUR ANALYSIS.

AND I APOLOGIZE THAT THE DATE IS WRONG.

I FINALIZED IT YESTERDAY AND I DIDN'T CHANGE THE DATE THIS MORNING.

APOLOGIZE FOR THAT.

YEAH, HOLD ON.

UH, ATTORNEY COUNCILMAN BECKHAM.

I'D LIKE TO THANK YOU FOR YOUR PRESENTATION AS WELL.

UM, I'M A LITTLE UPSET THOUGH THAT WE DIDN'T KNOW IN ADVANCE THAT THERE WAS GONNA BE THIS DETAILED OF DISCUSSION ABOUT HEALTH BILL, UH, 2127, BECAUSE I KNOW ALL OF THE RECORD DRIVERS WOULD'VE PREFERRED TO BE HERE TO HEAR THIS DISCUSSION.

UM, THE FACT THAT THIS IS GONNA BE PLACED ON THE WEBSITE, I WONDER IF WE ACTUALLY HAVE AN ELECTRONIC COPY OF THIS ALREADY AVAILABLE SO THAT THEY COULD HAVE IT A LITTLE BIT MORE EXPEDITIOUSLY.

OH, YES, WE CAN DO IT.

AND I, I THOUGHT THAT COUNSEL WAS NOTIFIED OF IT WHILE I WAS OUT.

UH, BUT YES, WE CAN HAVE IT, UH, ELECTRONICALLY PUT UP, PROBABLY TODAY.

AND, AND THEN MY OTHER QUESTION FOR YOU, KAREN, IS, UH, THE CASE THAT WAS FILED BY THE CITY OF HOUSTON THAT WAS INTERVENED BY SAN ANTONIO AND EL PASO, DO YOU HAVE A CAUSE NUMBER FOR THAT CASE? I DON'T WITH ME, BUT I CAN GET IT TO THE CITY ATTORNEY.

ALL RIGHT, THANK YOU.

THANK YOU, KAREN, FOR YOUR PRESENTATION.

SO I JUST WANNA BE CLEAR ABOUT IT BECAUSE WE HAD SOME, UH, WE'VE HAD SOME MALONE DISCUSSIONS ABOUT THIS PARTICULAR ORDINANCE AND HOW WOULD IT AFFECT WITH, UH, CITY MUNICIPALITIES? SO, UH, CURRENTLY OUR ORDINANCE ADDRESS THOSE VIOLATIONS WITH TRUCKS, COMMERCIAL TYPE TRUCKS IN NEIGHBORHOODS.

SO WE DON'T HAVE TO CHANGE ANYTHING AT THIS POINT BASED UPON AN ANALYSIS OF IT UNDER 2127.

I DON'T BELIEVE THAT THAT, THAT YOU HAVE TO CHANGE ANYTHING AT THIS POINT.

THANK YOU, KAREN.

UH, COUNCILMAN, UH, STATE ATTORNEY.

NO, I WAS JUST GONNA SAY, AND WHENEVER Y'ALL NEED AN ADDITIONAL DIALOGUE, WE CAN ALWAYS SET ANOTHER DATE IF YOU, YOU KNOW, HAVE FURTHER QUESTIONS.

UH, COUNCILMAN FRANK.

GOOD MORNING.

UM, COULD YOU SHARE WITH US, I, I WAS, UH, PRIVILEGED TO SIT IN THE LEGISLATIVE UPDATES AT T M L, UM, THIS PAST WEEK, AND CAN YOU GIVE US SOME UPDATES OR SOME FURTHER CLARITY ON HOUSE BILL? UH, 40 82, THE LIMITATIONS OF CERTIFICATE OF OBLIGATIONS.

I THINK THAT'D BE SOME PERTINENT INFORMATION FOR US, UH, SINCE WE USE THOSE CERTIFICATE, OBLI CERTIFICATE OF OBLIGATIONS, UH, HERE IN OUR CITY, UH, TO DO SOME PROJECTS.

AND ALSO, UM, THE OTHER ONE THAT WAS OF INTEREST FOR US, I BELIEVE, UM, WAS, UH, SENATE BILL 2038, UM, THE RELEASE OF AN AREA FROM E T J.

SO IF YOU COULD JUST, WELL, LEMME JUST SAY THAT THE SECOND ONE DOESN'T APPLY TO YOU BECAUSE WE HAVE, THERE'S AN EXEMPTION IN THERE FOR CITIES ARE FOR AREAS IN THE E T J THAT HAVE INDUSTRIAL DEVELOPMENT AGREEMENTS.

I THINK WE TALKED ABOUT THAT.

SO THAT'S NOT GONNA APPLY TO CITY OF PORT ARTHUR.

UH, THE FIRST ONE, UH, CERTIFICATE.

CAN YOU TELL ME THE BILL AGAIN? HOUSE BILL 40 82 4 0 82.

LIMITATIONS ON COS AND TAX NOTES? I I DON'T HAVE THE, I MEAN, I, I LOOKED AT THE PRIORITY ISSUES.

I DON'T HAVE THIS RIGHT.

I'M LOOKING THROUGH THE FIRST OF MY PRESENTATION, BUT I BELIEVE THAT BILL, UH, JUST PUT MORE, I'M TRYING TO RECALL, UH, PUT MORE REQUIREMENTS ON THE TYPES OF PROJECTS THAT ARE ELIGIBLE OR LIMITS ON THE TYPES OF PROJECTS THAT ARE ELIGIBLE FOR.

COS THAT HAS BEEN A INITIATIVE OVER THE LAST TWO OR THREE LEGISLATIVE SESSIONS.

BUT IT, UH, IT SEEMS TO RESTRICT EVEN MORE THE TYPES OF PROJECTS THAT CAN BE, UH, COS CAN BE USED FOR.

IF YOU REMEMBER FROM LAST SESSION AND, AND THIS SESSION AS WELL, THERE WAS A BIG PUSH TO TRY TO REQUIRE A VOTE FOR COS CORRECT THAT DID NOT PASS LAST SESSION.

THERE WERE LIMITATIONS ON THE TYPES OF PROJECTS AND IT'S BASICALLY MORE LIKE PUBLIC SAFETY PROJECTS, UM, POLICE FIRE E M S, BUT I DON'T BELIEVE, UH, THAT YOU CAN ANYMORE BUY LIKE, I THINK LIKE VEHICLES THERE, THERE'S A, WHAT THEY CALL A, A LIFE OF THE PROJECT REQUIREMENT.

AND THAT PARTICULAR BILL, I THINK, UM, TRIED TO, UH, TIGHTEN THAT DOWN A LITTLE BIT MORE AND REALLY FURTHER RESTRICT THE TYPES OF PROJECTS THAT YOU CAN USE COS FOR.

WAS A, I THOUGHT THERE WAS A MOVE AFOOT TO TRY TO EVEN, UM, LIMIT, AS YOU SAY, LIMIT FURTHER, UH, CERTIFICATE OF OBLIGATION USAGE, UH, BY CITIES BY REQUIRING A VOTE OR BY THE ELIMINATION THE, THE, THE VOTE REQUIREMENT DID NOT PASS.

BECAUSE I THOUGHT THERE

[01:00:01]

BUT THERE IS, THERE, THERE IS A LIMIT ON THE TYPES OF PROJECTS AND, AND AS I RECALL, I'M TRYING TO RECALL THAT BILL, THAT IT JUST FURTHER LIMITED THE TYPES OF PROJECTS THAT, UH, ARE ALLOWED FOR THOSE TYPES OF, UH, PUBLIC FINANCIAL INSTRUMENTS.

UH, BECAUSE AS YOU WILL RECALL BEFORE LAST SESSION, THERE WERE REALLY NO LIMITS ON WHAT YOU COULD USE COS FOR, BUT THEY REALLY TIGHTEN WITH A LIST OF THE TYPES OF PROJECTS.

AND I BELIEVE THIS YEAR THEY EVEN LIMITED THAT EVEN MORE.

I'LL GET, UH, THE CITY ATTORNEY, UM, A LITTLE WRITEUP ON THE SPECIFICS OF THAT, UH, ON WHAT THOSE ADDITIONAL LIMITATIONS ARE AND WE'LL GET THAT TO THE COUNCIL.

THANK YOU SO MUCH.

YOU HAVE AN EXISTING 32 MILE LEVEE SYSTEM THAT CONSISTS OF EARTH AND LEVEES, CONCRETE FLOOD WALLS, PUMPING STATIONS, AND CLOSURE GATES WHERE RAILROADS OR ROADS INTERSECT THE LEVEE SYSTEM TO PROTECT THE COMMUNITY FROM THE IMPACTS OF, OF HURRICANE STORM SURGE AND POTENTIAL SEA LEVEL RISE.

IF THERE'LL BE NO OTHER QUESTIONS AND THERE AREN'T ANY OTHER LIGHTS, THANK YOU AGAIN ATTORNEY FOR THANK YOU.

THIS, THIS DETAILED, UH, YOU'RE WELCOME INFORMATION THAT YOU HAVE.

ALWAYS GOOD TO HERE SHARE WITH US ON THE DAY.

NOW WE'LL MOVE TO OUR NEXT, UH, PRESENTATION IS A PRESENTATION BY GARY SULLIVAN AND CHARLES WHEELER OF THE US ARMY CORPS OF ENGINEERS, UH, GALVESTON DISTRICT REGARDING AN UPDATE ON THE PORT ARTHUR PROJECT.

GOOD MORNING.

HONORABLE MAYOR BARTEE.

ALRIGHT, DISTINGUISHED MEMBERS OF THE CITY COUNCIL, CITY MANAGER BURDEN.

LADIES AND GENTLEMEN, IT'S A PLEASURE TO BE HERE TODAY TO, UH, UPDATE YOU ON THE STATUS OF THE COASTAL STORM RISK MANAGEMENT PROGRAM FOR PORT ARTHUR.

BEFORE I BEGIN, I'D LIKE TO MAKE A FEW INTRODUCTIONS.

UH, MR. MAYOR, SIR, UH, WITH US TODAY WE HAVE MS. TONY ADDISON, WHO IS THE CHIEF OF OUR MEGA PROJECTS DIVISION.

AND MY BOSS WE HAVE, UH, LIEUTENANT COLONEL IAN O'SULLIVAN, WHO IS THE DEPUTY COMMANDER FOR MEGA PROJECTS DIVISION DIVISION.

AND MR. CHARLES WHEELER, WHO IS THE PROGRAM MANAGER FOR PORT ARTHUR AND FREEPORT.

SO WE HAVE ALL THE IMPORTANT FOLKS, UH, THAT ARE RESPONSIBLE FOR DELIVERING THIS PROJECT TO YOU HERE TODAY.

'CAUSE THAT'S HOW IMPORTANT IT'S TO US.

WE ALSO HAVE WITH US, UM, MR. ALLEN SIMS, WHO IS THE DEPUTY GENERAL MANAGER FOR JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER SEVEN, WHO IS OUR NON-FEDERAL PARTNER, WORKING CLOSELY WITH US TO DELIVER THIS PROJECT FOR THE CITY.

I'D LIKE TO POINT OUT THAT, UH, THIS AFTERNOON OVER AT THE OFFICES OF DRAINAGE DISTRICT NUMBER SEVEN, WE'RE GONNA BE HOSTING A MEDIA ROUND TABLE.

UH, AND OUR COMMANDER, COLONEL BLACKMAN FROM GALVESTON DISTRICT WILL BE JOINING US.

THE REST OF US THERE TO ADDRESS ANY QUESTIONS THE MEDIA MAY HAVE, UH, ABOUT THE PROJECT.

SO THAT'LL BE THIS AFTERNOON FROM ONE TO TWO 30.

ALRIGHT, TO BEGIN, UH, THIS PROJECT FALLS UNDER WHAT'S CALLED THE SABINE BAY, OR THE SINE PASS TO GALVESTON BAY PROJECT, WHICH ENCOMPASSES A, AN APPROACH TO THE ENTIRE TEXAS COASTLINE IN THIS PORTION OF THE STATE TO PROTECT COASTAL COMMUNITIES FROM THE IMPACTS OF HURRICANE STORM SURGE AND, UH, THE CONTINUED IMPACT OF SEA LEVEL RISE.

THE PROJECT FOCUSES ON THREE COMMUNITIES, FREEPORT TO THE SOUTH OF GALVESTON ISLAND, PORT ARTHUR, WHERE WE ARE TODAY, AND A NEIGHBORING COMMUNITY TO YOUR NORTHEAST ORANGE.

SO THOSE THREE COMMUNITIES ARE ALL PART OF WHAT'S CALLED THE S TWO G PROJECT, WHICH IS FUNDED BY THE FEDERAL GOVERNMENT, UH, TO THE TUNE OF ABOUT $3.9 BILLION.

SO IT'S A REGIONAL APPROACH TO ADDRESS THE POTENTIAL IMPACTS OF STORM SURGE FROM HURRICANES AND THE, UH, THE IMPACTS OF CONTINUING SEA LEVEL RISE.

AND THE GOALS OF THE PROGRAM ARE TO HELP PROTECT RESIDENTS, UH, FROM THESE STORM EVENTS, UH, PREVENT ECONOMIC DAMAGES TO THE COMMUNITIES AND BUSINESSES, UH, IN THESE AREAS TO HELP REINFORCE AND PROTECT THE PETROCHEMICAL FACILITIES THAT IS, UH, KIND OF THE CENTER OF THE, THE, UM, THE INDUSTRY HERE IN THE PORT ARTHUR AREA.

AND ALSO TO PROTECT THE INFRASTRUCTURE, UH, THAT ALLOWS THE COMMUNITIES TO OPERATE.

THE PORT ARTHUR PROJECT IN PARTICULAR, YOUR LEVEE SYSTEM WAS BUILT, UH, FROM ABOUT THE MID SIXTIES TO THE EARLY EIGHTIES.

OVER ABOUT A 20 YEAR PERIOD,

[01:05:01]

THIS, UM, SYSTEM THOUGH NEEDS TO BE UPDATED.

IT NEEDS TO BE IMPROVED AND INCREASED IN HEIGHT BECAUSE OF THE FORECASTED IMPACTS OF FUTURE HURRICANES.

THEY'RE GONNA BE MORE SEVERE AS WELL AS COMBINING THAT WITH SEA LEVEL RISE LOOKING OUT FOR THE NEXT 50 YEARS.

SO WE NEED TO MAKE YOUR LEVEE SYSTEM TALLER.

WE NEED TO MAKE THE HEIGHT HIGHER SO THAT WHEN THE STORM SURGE COMES IN, WE DO OUR VERY BEST TO PROTECT THE COMMUNITY FROM THE IMPACTS OF THAT.

AND WE'RE DESIGNING THIS SYSTEM FOR WHAT'S CALLED THE 1% ANNUAL EXCEEDANCE PROBABILITY STORM, MORE COMMONLY REFERRED TO AS THE STORM THAT WOULD OCCUR ON AVERAGE ONCE EVERY A HUNDRED YEARS.

AND THAT'S COMBINED WITH WHAT THE POTENTIAL RISES IN SEA LEVEL ARE LOOKING OUT FOR 50 YEARS.

SO YOU TAKE THOSE TWO FACTORS TOGETHER AND YOU DESIGN IT, YOU MODEL IT WITH NUMERICAL MODELS, AND THEN YOU COME UP WITH A SYSTEM AND THE ADJUSTMENTS TO THE SYSTEM THAT NEED TO BE MADE SO THAT YOU CAN PROTECT THE, UH, THE FOLKS THAT ARE ON THE INSIDE OF THE LEVEE SYSTEM FROM THE STORM SURGE.

NOW, IF YOU LOOK AT THE BOTTOM OF THE SCREEN, THE PROGRAM HAS SOME MAJOR COMPONENTS.

NUMBER ONE, WE'RE GONNA BE INCREASING THE HEIGHT OF ABOUT 11 MILES OF EXISTING EARTH AND LEVEES, ANYWHERE FROM 14 AND A HALF TO 20 AND A HALF FEET IN HEIGHT.

WE'RE GOING TO BE REPLACING FIVE MILES OF CONCRETE FLOOD WALL.

YOU CURRENTLY HAVE WHAT'S CALLED AN EYEWALL, AND WE'RE GONNA BE REPLACING THOSE WALLS WITH WHAT'S CALLED T WALLS, WHICH ARE, ARE STURDIER AND MORE CAPABLE OF WITHSTANDING THE INCREASES OF THESE FORECASTED HURRICANE EVENTS.

WE'RE GOING TO BE BUILDING FOUR MILES OF NEW EARTH AND LEVEE.

THE MODELING HAS REVEALED THAT WE NEED TO EXTEND THE LE THE EXISTING LEVEE SYSTEM TO THE WEST, UH, OUT PAST JACK BROOKS AIRPORT AND IN THE NORTHEAST OUT IN THE PORT CHES AREA BECAUSE THE, THE, THE, THE INUNDATION MODEL SHOW THAT THE WATER LEVELS ARE GONNA BE HIGHER AND WE NEED TO MOVE THE LEVEES FARTHER TO THE NORTH.

'CAUSE AS, AS YOU MOVE FROM THE COAST TO THE NORTH, THE LAND RISES.

SO WE NEED TO INCREASE THE HEIGHT OF THE LEVEE AND EXTEND THE LEVEE SO THAT THE SEA LEVEL RI OR THAT THE, UH, STORM SURGE CAN'T GET AROUND THE, THE ENDS OF THE LEVEE SYSTEM.

WE'RE GONNA BE BUILDING 21 NEW RAILROAD AND ROAD CLOSURE GATES ALONG THE LEVEE SYSTEM.

UH, WE'RE GONNA BE DOING SOME STONE ARMORING PROTECTION, WHICH YOU IS THE LARGE ROCKS THAT YOU SEE LINING LIKE MAYBE THE SABINE NATURE'S WATERWAY SO THAT IT'S NOT ERODED AWAY FROM JUST THE NATURAL WASHING UP OF THE WATER ALONG THE LEVEE SYSTEM.

AND FINALLY, YOUR CITY HAS 20 PUMP STATIONS THAT ARE OPERATED BY DRAINAGE DISTRICT NUMBER SEVEN.

11 OF THOSE PUMP STATIONS ARE ON THE PERIMETER, THEY'RE ON THE FRONT LINES.

WE'RE GONNA BE BUILDING CONCRETE STRUCTURES IN FRONT OF THOSE PUMPING STATIONS SO THAT THEY'RE PROTECTED FROM THE IMPACTS OF THE STORM SURGE.

BUT THAT'S REALLY WHAT'S INCLUDED IN OUR IN OUR PROJECT.

NOW THIS PROJECT, UH, IS FULLY FUNDED BY THE GOVERNMENT.

IT'S A PARTNERSHIP BETWEEN THE FEDERAL GOVERNMENT AND THE STATE OF TEXAS AND DRAINAGE.

DISTRICT NUMBER SEVEN IS OUR STAKEHOLDER.

OUR PARTNER, THE STATE OF TEXAS IS PAYING 35% OF THE COST OF THE PROJECT AND THE FEDERAL GOVERNMENT IS PAYING 65% OF THE, OF THE COST OF THE PROJECT.

AND THIS WAS FUNDED BACK IN 2018 BY ACTIVE CONGRESS, UH, IN BOTH THE BIPARTISAN AND BUDGET ACT AND THE WATER RESOURCES DEVELOPMENT ACT.

SO THE PROJECT IS, IS FULLY FUNDED.

SO WHAT ARE THESE PROJECT FEATURES? IF YOU LOOK ON THE UPPER LEFT HAND SIDE, YOU SEE A, AN EYE WALL, ESSENTIALLY A CONCRETE WALL THAT IS STUBBED INTO THE GROUND.

WE'RE GONNA BE REPLACING THOSE WITH T WALLS, WHICH HAS A BOTTOM FOUNDATION THAT IS DIRECTLY CONNECTED TO THE VERTICAL CONCRETE COMPONENT TO MAKE IT MORE STABLE AND MORE RIGID TO, TO PROTECT, UH, FROM OVER TOPPING AND POTENTIAL OVERTURNING OF THE WALL WITH, WITH THE STORM SURGE.

SO WE'RE MAKING A MORE STABLE AND STURDIER WALL.

WE'RE GONNA DO FIVE MILES OF THAT.

THE LEVEE SYSTEM WE'RE, AS I MENTIONED, WE'RE GONNA BE, UH, RAISING ABOUT 11 MILES OF LEVEE SYSTEM.

PLUS WE'RE GONNA BE BUILDING FOUR NEW MILES OF LEVEE SYSTEM.

WE'RE GONNA BE REPLACING YOUR CLOSURE GATES WITH A COMBINATION OF AN OVERHEAD TROLLEY GATE OR A ROLLER GATE

[01:10:02]

OR A SWING GATE.

AND THE EXAMPLES OF THOSE THREE GATES ARE SHOWN ON THIS, ON THIS SLIDE.

SO THERE'LL BE A COMBINATION OF THESE GATES ON YOUR LEVEE SYSTEM, UH, AROUND THE CITY WHERE ROADS AND RAILROADS CROSS THROUGH THE LEVEE SYSTEM.

AND THEN FOR THE PUMPING STATIONS, IF YOU LOOK, UH, IN THE RED CIRCLE, IT SAYS NEW FRONTING PROTECTION.

THAT'S A CONCRETE WALL THAT WE'RE BUILDING IN FRONT OF THE PUMPING STATIONS THAT WOULD TAKE THE IMPACT OF THE STORM SURGE AND PROTECT THE PUMPING STATION WHILE IT'S IN OPERATION SO IT CAN CONTINUE OPERATIONS.

AND THE GOAL OF THE PUMPING STATION IS TO TAKE THE WATER FROM THE INSIDE THAT'S ACCUMULATED BY THE RAIN AND TO PUMP IT OVER THE LEVEE SO THAT YOU KEEP THE, UH, WATER SURFACE ELEVATION INSIDE THE CITY AT A LEVEL THAT DOESN'T ALLOW FOR FLOODING, WHILE THE LEVEE SYSTEM IS PREVENTING THE STORM SURGE ON THE OUTSIDE FROM COMING IN.

NOW OUR PROJECT, UH, COMPLETED THE FEASIBILITY STAGE IN 2017.

WE WERE FULLY FUNDED IN 2018.

WE ISSUED OUR FIRST, UH, CONSTRUCTION CONTRACT IN 2019, WHICH WAS OUT BY THE, THE VALERO REFINERY ABOUT A MILE OF FLOOD WALL.

THAT PROJECT IS COMPLETED, WE'RE AWARDING OUR NEXT CONSTRUCTION CONTRACT RIGHT NOW.

IT WAS AWARDED IN SEPTEMBER.

I'M GONNA TALK ABOUT THAT NEXT.

WE'LL HAVE ANOTHER CONSTRUCTION CONTRACT AWARDED NEXT YEAR.

AND IN ALL, WE HAD 10 CONTRACTS THAT WE INTEND TO HAVE ALL THE CONTRACTS DESIGNED BY 2027 AND THE PROJECT FULLY COMPLETED BY 2031.

SO WE'RE ABOUT EIGHT YEARS AWAY FROM THE COMPLETION OF THE OVERALL PROJECT.

ALRIGHT, CONTRACT P A V O THREE A WAS AWARDED ON EIGHTH SEPTEMBER.

NOW WHAT DOES THIS CONTRACT DO? WE'RE GONNA BE BUILDING THAT CONCRETE FRONTING PROTECTION IN FRONT OF THREE PUMPING STATIONS.

ALLIGATOR, WHICH IS THE LARGEST PUMPING STATION IN THE SYSTEM, LAKESIDE AND ROAD AIR.

THOSE THREE PUMPING STATIONS ARE GONNA GET THE CONCRETE FRONTING PROTECTION AND WE'LL BE DOING SOME SUPPORTING LEVEE IMPROVEMENTS WHERE THE LEVEE SYSTEM TIES INTO THOSE PUMPING STATIONS.

THIS IS A HUNDRED MILLION DOLLAR CONTRACT, OUR CONTRACT TOWARDS A COMPANY CALLED FLATIRON CONSTRUCTORS.

WE'LL BE CONDUCTING A PRE-CONSTRUCTION CONFERENCE WITH A CONTRACTOR IN EARLY NEXT MONTH, DURING THE WEEK OF SIX TO 10 NOVEMBER.

AND THEN THEY'LL MOBILIZE IN THE, THE EARLY PART OF NEXT YEAR AND BEGIN CONSTRUCTION.

AND THAT CONSTRUCTION WILL TAKE ABOUT FOUR AND A HALF YEARS TO DO TO DO THOSE IMPROVEMENTS.

NEXT YEAR WE'RE GONNA BE AWARDING THE P A V O FOUR CONTRACT, WHICH PROVIDES LEVY SYSTEM IMPROVEMENTS ALONG THE SABINE NATURE'S WATERWAY IN FRONT OF SOME MAJOR RESIDENTIAL AREAS THAT ARE JUST TO THE NORTH OF US ALONG THE CHANNEL.

THIS IS THE LARGEST CONTRACT OF THE 10 INCLUDED IN THE PORT ARTHUR PROJECT.

SO THIS IS A VERY SIGNIFICANT CONTRACT.

AND YOU CAN SEE, IF YOU LOOK AT THE ILLUSTRATION, WE'RE GONNA BE DOING COMBINATION OF FLOOD WALL REPLACEMENT WITH, WE'RE GONNA TAKE DOWN THE EXISTING FLOOD WALL AND BUILD A TALLER FLOOD WALL ABOUT TWO MILES OF IT, ALONG WITH SOME EARTHY LEVEL IMPROVEMENTS.

AND AGAIN, CONCRETE FRONTING PROTECTIONS FOR THREE PUMPING STATIONS IN THIS AREA.

WE ANTICIPATE AWARDING THIS CONTRACT IN AUGUST OF NEXT YEAR.

THE CONTRACTOR WOULD START CONSTRUCTION IN 2025 AND BE COMPLETED WITH CONSTRUCTION OF THIS CONTRACT BY 2028.

I WILL JUST POINT OUT TO YOU THAT WE HAVE, UH, NUMEROUS AREAS WHERE THE PUBLIC AND THE COMMUNITY CAN LEARN ABOUT OUR PROJECT, UH, THROUGH OUR VARIOUS, UH, WEBSITES.

AND WEB LINKS TOO ARE SHOWN HERE WHERE WE TALK ABOUT THE SS TWO G PROGRAM, THE TOTAL PROGRAM, WHICH INCLUDES FREEPORT, PORT, ARTHUR, AND ORANGE.

AND THEN IN PARTICULAR ABOUT THE PORT ARTHUR PROJECT.

AT THIS POINT, I'M HAPPY TO ANSWER ANY QUESTIONS THAT, UH, MR. MAYOR, YOU OR THE CITY COUNCIL MAY HAVE OF THE CORPS OF ENGINEERS.

AND HERE, LET ME EXPLAIN TO YOU WHY.

UH, MAYOR I PRO TEMP.

THANK YOU VERY MUCH FOR YOUR DETAILED PRESENTATION.

FOR I, FOR THE MESSAGE YOU SENT ABOUT THE CONTRACTS BEGINNING IN 2025 AND COMPLETION IN 2028.

HELP ME SHARE WITH THE COMMUNITY WHERE BUSINESSES ARE ABLE TO SUBMIT REQUESTS FOR QUALIFICATIONS FOR THESE PROJECTS.

OR IS THAT SOMETHING EVEN POSSIBLE? THAT'S NOT POSSIBLE.

[01:15:01]

WE HAVE A, UM, A CONTRACTING VEHICLE CALLED THE $7 BILLION MATOC.

THAT CONTRACT WAS ADVERTISED SOME TIME AGO, AND WE HAD A, A LOT OF DIFFERENT CONTRACTORS FROM AROUND THE AREA AND THE COUNTRY SUBMIT PROPOSALS.

WE WENT THROUGH THE EVALUATION PROCESS OF THOSE PROPOSALS, AND WE'RE GETTING READY NEXT MONTH TO, UH, SOLICIT BIDS FROM THE CONTRACTORS THAT WERE CONSIDERED TO BE THE BEST QUALIFIED.

SO THERE'S NOT AN OPPORTUNITY NOW FOR ANYBODY ELSE TO JOIN THE MATOC.

THE MAY TALK'S ALREADY BEEN ESTABLISHED, SO, SO LET ME, LET ME JUST ADD A LITTLE BIT THERE.

SO WHILE IT'S BEEN ESTABLISHED, UM, EVEN WHEN WE WERE GONNA USE A DIFFERENT TOOL BEFORE, EXCUSE ME, EXCUSE, I, I KNOW HE INTRODUCED YOU, BUT, OH, SORRY.

I'M TONY ADDISON .

I'M THE DIVISION CHIEF, UH, FOR MEGA PROJECTS DIVISION IN GALVESTON DISTRICT.

SO WHILE THE TOOL HAS ALREADY BEEN ESTABLISHED, WE DO HAVE, UH, LAST YEAR WE HOSTED A SMALL BUSINESS, UH, HERE IN PORT ARTHUR ENGAGEMENT WHERE WE HAD THE PRIME CONTRACTORS IN THE BUILDING AND THEY WERE ABLE TO BRING IN, WE BROUGHT IN, I FORGET HOW MANY SMALL BUSINESSES WERE THERE, PROBABLY ABOUT, I DON'T KNOW, MAYBE 40, 50 BUSINESSES.

AND THEY WERE ABLE TO HAVE ENGAGEMENT WITH THE BIG PRIME CONTRACTORS.

SO WE WILL NOT BE, THEY WILL ALSO HAVE A REQUIREMENT INSIDE OF THE CONTRACT TO HAVE SMALL BUSINESS INCLUSION IN THE PORT ARTHUR COMMUNITY.

AT LEAST 5%.

THAT'S WHAT HAS BEEN A REQUIREMENT, WHICH IS STILL PRETTY SIGNIFICANT OF $832 MILLION AND PROBABLY GROWING.

SO WE WILL NOT DISCONTINUE OR DISCOUNT THIS COMMUNITY IN TERMS OF SMALL BUSINESS BEING ABLE TO PARTICIPATE.

RIGHT.

AND MAY I ADD, WHEN MR. WILLER WAS HERE ABOUT A YEAR AND A HALF AGO, SO HE, UH, SHARED THAT INFORMATION YES.

WITH THE COUNCILMAN BECAUSE YOU WEREN'T ON THERE, BUT HE DID SHARE THAT, UH, HOW THEY COULD PARTICIPATE OR ANY, ANY CONTRACTOR WOULD BE ABLE TO PARTICIPATE THAT ACCIDENT OCCURRED? YES.

WE, WE, WE CALL IT LIKE, UM, UH, WHAT DO WE CALL IT? I DON'T, YOU, UH, YOU KNOW, UH, LIKE A FIRST DATE.

UM, AND YOU CAN KIND OF PUT YOUR NAME IN LINE AND THEN PEOPLE SHOW I CAN'T, I CAN'T THINK OF THE NAME.

SPEED DATING.

THERE YOU GO.

SO WE CALL IT SPEED DATING FOR CONTRACTORS.

RIGHT.

AND SO IT GIVES THEM THE ABILITY TO KIND OF MEET AND GREET EACH OTHER AND IT IS REAL.

IT'S REALLY A GOOD EVENT.

YES, MA'AM.

COUNCIL.

COUNCILMAN LEWIS? YES.

UH, APPRECIATE Y'ALL PRESENTATION ABOUT, ABOUT THE, THE LOCAL BUSINESS PEOPLE.

HOW MANY HAVE Y'ALL, UH, INVOLVED IN PO IN THE CITY OF PORT ARTHUR, FOR EXAMPLE, YOU HAVE ANY? SO WE'VE ONLY DONE THAT ONE, UM, INDUSTRY DAY, BUT ONCE THE PA V OH THREE A, I KNOW FLAT IRON DID THEIR OWN SMALL BUSINESSES, SMALL BUSINESS DAY HERE.

'CAUSE I SAW IT ON LINKEDIN.

I PROBABLY SHOULD HAVE TOOK A SNAPSHOT ON MY PHONE WHEN I SAW IT.

BUT THEY DID A SMALL BUSINESS ENGAGEMENT DAY SO THAT THEY CAN FIGURE OUT, UM, WHO THEY WERE GONNA WORK WITH FOR P A V OH THREE A.

BUT WHAT I CAN TELL YOU IS FOR P A V OH FOUR, WHICH IS THE CONTRACT THAT WE'RE GETTING READY TO CURRENTLY AWARD, UM, IN AUGUST OF 2024, WE'LL HAVE THE SMALL BUSINESS REQUIREMENT.

BUT THEN ALSO TOO, WE WILL DO ANOTHER SMALL BUSINESS ENGAGEMENT LIKE WE DID BEFORE IN THE PORT ARTHUR COMMUNITY SO THAT THOSE BIG PRIME CONTRACTORS CAN KNOW, YOU KNOW, WHO'S HERE IN THE COMMUNITY, WHO'S THE BAD ONE.

AND THAT'S THE BIGGEST ONE.

LIKE YOU SAID, OUT OF THE EIGHT, THAT'S THE NEXT BIGGEST CONTRACT AND THE BIGGEST ONE OUT OF PORT ARTHUR.

SO WHEN YOU PLAN TO DO THAT, THAT'S AUGUST OF 2024 IS WHEN WE TEND TO AWARD.

AND, UM, WE PROBABLY WILL MORE THAN LIKELY HAVE AN ENGAGEMENT MAYBE FOUR MONTHS BEFORE THAT, BECAUSE WE WILL ALREADY KNOW WHO'S ON THE TOOL BY THEN.

AND THEN THEY CAN FIGURE OUT HOW DIFFERENT CONTRACTORS THEY WANT TO ENGAGE WITH BECAUSE THEY HAVE TO UPDATE THEIR PRICING.

UH, COUNCILMAN BECKHAM, THANK YOU.

I HAVE A QUESTION ABOUT THE, UH, CONSTRUCTION OF APPROXIMATELY 4.1 MILES OF NEW EARTH AND LEVY AT MULTIPLE LOCATIONS.

IS THERE A MAP IN THIS PRESENTATION THAT SHOWS WHERE THOSE NEW LOCATIONS ARE? OR CAN YOU EXPLAIN THAT? THERE'S NOT A MAP, BUT I CAN EXPLAIN IT TO YOU.

STORY MAP.

UM, BUT, BUT IF YOU WENT TO THE STORY MAP, WHICH IS ONE OF THE WEB LINKS, UH, YOU COULD SEE IT THERE, BUT WE'VE GOT AROUND 2.1 MILES OF LEVY THAT STARTS AT AROUND HIGHWAY 93 AND GOES TO THE NORTHWEST PRETTY MUCH IN DIRECT, UH, PARALLEL TO THE JACKS BOOKS AIRPORT.

ROADWAY, AND THE ROADWAY ITSELF WOULD BECOME PART OF THE LEVEE SYSTEM.

THAT'S TWO MILES.

THEN WE HAVE ANOTHER SIX TENTHS OF A MILE ALONG AT ATLANTIC ROAD ON THE NORTHEAST SECTION.

WE'RE GONNA BE RAISING THAT ROAD ANYWHERE FROM ONE TO FIVE FEET A ALONG THAT

[01:20:01]

AND THEN WE HAVE ANOTHER 2000 FEET OR SO OF LEVY IN THE PORT NIETZCHE AREA, UH, VERY CLOSE TO THE, UH, SABINE LAKE.

AND THEN THERE'S SMALLER PIECES, PIECES OF LEVY THAT ARE INTER SPARSE AMONGST THE EXISTING LEVEE SYSTEM WHERE WE NEED TO RAISE THE HEIGHT, UH, OR BUILD A NEW PORTION OF LEVY WHERE IT CURRENTLY DOESN'T EXIST IN ORDER TO WITHSTAND THE, UH, FORECASTED FUTURE POTENTIAL HURRICANE EVENTS.

WE CAN PROVIDE THE CITY COUNCIL WITH A MORE DETAILED MAP, UH, TO HELP.

UH, ALAN, DID YOU WANT TO ADD ANYTHING? UH, JUST, YEAH, ALLEN SIMS, ASSISTANT MANAGER, DD SEVEN, UH, THE SHORT PIECE UP IN PORT CHES IS RIGHT THERE AROUND LITTLE, LITTLE ABYVILLE AND IN, UH, FROM BASICALLY PINE STREET OVER TO K ROAD ALONG SARAH JANE IN THAT AREA.

AND THEN, UH, FROM WEST PORT ARTHUR ROAD OVER TO NORTH ROAD AROUND THE PRISON SYSTEM ON THAT END.

SO KIND GIVE YOU GUYS A LITTLE BETTER IDEA BEFORE WE'RE TALKING.

OKAY? OKAY.

THANK YOU, ALAN.

UH, COUNCILMAN LEWIS, YOU GOT ANOTHER QUESTION? IS THERE ANY PLANS? WHAT ARE YOUR PLANS TO INCREASE THE ELEVATION ALONG INTER COASTAL CANAL? YOU GONNA RAISE THAT? HOW MUCH YOU GONNA RAISE IT? WE'RE GONNA BE RA RAISING THE, UH, THE FLOOD WALL ALONG THE CB NATURE'S WATERWAY, ANYWHERE FROM 17 AND A HALF TO 24 AND A HALF FEET IN HEIGHT TOTAL.

THAT'LL BE ABOUT A THREE TO FOUR FOOT RAISE FROM WHERE IT IS TODAY.

IT'S, I'M SORRY, THAT'LL BE ABOUT A THREE TO FOUR FOOT RACE FROM WHERE IT IS TODAY.

IT IS ABOUT 14 SIX, I THINK, SOMETHING LIKE THAT.

UH, IT RUNS AROUND, UH, 15, FIVE TO 16 FIVE.

DEPENDS WHERE YOU ARE ON THE SYSTEM.

, AND WE'RE TALKING ABOUT GOING UP TO AROUND 20 TO 21.

DEPENDS ON WHERE, DIFFERENT AREAS AROUND A FOUR TO FIVE FOOT RACE TOTAL.

MAXIMUM, I GUESS FIVE FOOT, BUT THE AVERAGE IS ABOUT A FOUR FOOT.

WE HAVE PROTEIN, YES.

SORRY, LAST QUESTION.

YES, PLEASE.

UM, WHO WILL BE OUR POINT OF CONTACT? WILL THAT BE THE FEDERAL CONTRACTOR? WILL THAT BE DD SEVEN TO GIVE US THE UPDATES FOR POSSIBLE DELAYS? THE TWO OF YOU? ME, BOTH OF US, MA'AM.

AND THEN ALL OF THAT, INFORMA, YOU'LL COME BACK TO US TO TALK ABOUT THE PERIODS OF PERFORMANCE WITHIN THAT STATEMENT OF WORK? YES, MA'AM.

WE'LL COME BACK AS OFTEN AS YOU'D LIKE.

WE, RIGHT NOW, WE'VE BEEN COMING ON A LY ABOUT EVERY SIX MONTHS.

BUT AS WE GET INTO MORE CONSTRUCTION OF THE CONTRACTS, WE'LL PROBABLY MAKE MORE FREQUENT VISITS SO WE CAN KEEP YOU INFORMED OF WHAT'S GOING ON.

I WASN'T HERE SIX MONTHS AGO, SO THANK YOU VERY MUCH.

AND EXCUSE ME, THAT'S WHAT'S HAPPENING RIGHT NOW.

WE HAVE SOME NEW COUNCIL PERSON WHOT HERE BEFORE FOR THE LAST REPORT, BUT THESE, THE, THESE REPORTS ARE GIVEN TO US ALMOST QUARTERLY OKAY.

FROM THEM.

AND YOU, YOU'LL BE ABLE TO GET THOSE.

THE NEW, ALL THE NEW FOLK HERE DON'T REALLY KNOW WHO YOU ARE, .

ALRIGHT.

ANYONE ELSE? GO, GO RIGHT AHEAD OUT.

JUST A COUPLE OF THINGS FOR YOU GUYS REAL QUICK.

UH, INTRODUCE TO THE OTHER TWO GUYS.

WE HAVE HERE FROM DD SEVEN.

I HAVE TOBY DAVIS, WHICH IS OUR, OUR DISTRICT ENGINEER, AND BRIAN ZEAL, WHO'S HEADS UP OUR MAINTENANCE DEPARTMENT.

AND I KNOW MOST OF YOU KNOW BRIAN VERY WELL, SO, UH, IF YOU HAVE ANY QUESTIONS, YOU CAN ALWAYS REACH OUT TO BRIAN, HE OR MYSELF, AND WE CAN GET WITH YOU PRETTY QUICKLY.

UH, SOME OF THE OTHER THINGS FOR THE NEW COUNCIL MEMBERS, SO YOU UNDERSTAND WHAT WE'RE DOING, THERE'S QUITE A BIT OF THESE PROJECTS ARE GONNA REQUIRE UTILITY RELOCATIONS, AND WE'RE WORKING CLOSELY WITH YOUR ENGINEERING STAFF.

WE ACTUALLY HAVE HIRED, UH, AN ENGINEERING FIRM THAT DOES MOST OF YOUR WATER AND SEWER WORK TO DO THE DESIGN FOR THOSE RELOCATIONS.

WE WILL BE BIDDING THOSE OUT.

WE'LL, WE'LL PAY FOR THE RELOCATIONS, GET THAT DONE, AND THEN WE'LL BASICALLY HAND THAT OVER TO THE DISTRICT OR TO THE CITY WHEN WE'RE DONE WITH THAT.

SO WE'RE HANDLING ALL THOSE FOR YOU, AS AT THE SAME TIME.

WE'RE ALSO WORKING ON THE, UH, THE BOARDWALK.

I CAME AND MADE A PRESENTATION TO YOU GUYS PROBABLY ABOUT A YEAR AGO.

AND WHAT WE'RE PRO WE'RE PROPOSING, WELL, WE NEED TO TAKE THE BOARDWALK IS IN SOME DISREPAIR.

SO WE'RE TALKING ABOUT TAKING THAT OUT.

AND THEN WE'RE GONNA REPLACE IT WITH A, A CONCRETE PAD OR CONCRETE AREA UP THERE, WHICH WILL HAVE THE, UH, UTILITY HAVE CONDUIT POOL SO THAT THE LIGHT POLES CAN BE REPLACED AND IT'LL BE WIDE ENOUGH TO PUT THE BENCHES DOWN ONE SIDE.

SO THERE'LL STILL BE A BE USABLE AS A BOARDWALK.

IT'LL JUST BE CONCRETE NOW SO THAT WE CAN DRIVE OUR TRACTORS UP AND DOWN AND DO MOWING AND MAINTENANCE AND SO FORTH.

BUT WE ARE PROPOSING TO BRING THAT BACK.

IT WILL REQUIRE SOME UPGRADING TYPE STUFF.

BUT, UH, WE ARE WORKING WITH THE CITY AND STAFF TO MAKE SURE THAT WE, UH, MEET ALL THE REQUIREMENTS OF THE CITY FOR WATER, SEWER, AND THE, AND THEN, LIKE SAID, THE CITY PARK THERE, PARTNERSHIP IS A WIN-WIN.

ANY OTHER QUESTIONS ANYBODY HAVE FOR US? OKAY.

UH, I DON'T THINK, I DON'T SEE ANY MORE LIGHTS.

SO THANK YOU ALL THIS PRESENTATION.

AND AGAIN, WE KNOW YOU'LL COME BACK AND, UH, ENLIGHTEN US EVEN FURTHER ON, ON YOUR, AND I KNOW THE OTHER PART OF YOUR TEAM, Y'ALL WANNA STAND, SO THEY, THE,

[01:25:01]

AND THIS IS, AND I DIDN'T MENTION, UH, MS. NICOLE SNYDER.

SHE'S OUR OUTREACH SPECIALIST THAT HELPS WITH A LOT OF THE, UH, PUTTING THINGS OUT ON THE WEBSITE.

RIGHT.

IS HERE JOINING US TOO.

SO WE'LL DO, WE'LL WORK VERY HARD TO MAKE SURE THAT THE PUBLIC IS KEPT INFORMED.

AND YOU'RE KEPT INFORMED OF WHAT'S GOING ON.

SO KIND.

THANK YOU, MR. MAYOR.

ALRIGHT, THANK YOU.

ALRIGHT, NOW, OH, NOW WE HAVE NEXT, UH, DISCUSSION REGARDING, UH, WHAT WE ARE ON PAGE TWO NOW, EXCUSE ME.

UH, OUR DISCUSSION REGARDING THE, UH, HOMELESS COALITION TO REESTABLISH REGULAR MEETINGS ADDRESSED, SEEN OUR, UH, GOING HOMELESS POPULATION AND PAN HANDLING ISSUES, UH, CITYWIDE.

AND THIS HAS BEEN REQUESTED BY COUNCIL MEMBER BECKHAM AND COUNCIL MEMBER BECKHAM.

I THINK WE CAN BEGIN.

I DON'T HAVE, UH, MISS, MS. JUDY SMITH HERE THAT WAS ORIGINALLY A, UH, HOMELESS, UH, COALITION, ALMOST LIKE THE MAYOR'S HOMELESS COALITION WAS, UH, ACTUALLY BEING HANDLED BY THEN.

COUNCIL PERSON, UH, HOLMES.

BUT, UH, SHE'S NO LONGER ON THE COUNCIL.

THAT BODY OPERATED FOR A WHILE.

AND THEN THERE'S, THERE WAS SOME, UH, UNFORESEEN, UH, INCIDENTS I THINK THAT CAME ABOUT AND THEIR REGULAR, UH, MEETINGS WEREN'T BEING HELD.

AND IN THE INTERIM, AND WHAT HAS HAPPENED SINCE THEN, MR. JUDY SMITH, WHO IS OUR, UH, HEALTH DIRECTOR, HAS ACTUALLY BEGUN A PROGRAM THROUGH THE HEALTH DEPARTMENT THAT'S DEALING WITH THE HOMELESSNESS.

WHAT I CAN DO IS WE CAN PUT YOU WITH HER.

NO ONE ASKED.

I JUST HAPPENED TO SEE IT ON THERE.

HAD I BEEN ASKED EARLIER, I COULD HAVE GIVEN THIS INFORMATION THEN.

AND SHE IS WORKING WITH SOME OTHER, UH, AGENCIES TO ASSIST HOMELESSNESS.

SHE'S DOING IT THROUGH HER, UH, MEDICAL CONTACT WITH INDIVIDUALS AND THAT THAT IS SOMETHING THAT WE HAVE IN PLACE RIGHT NOW IN PLACE OF THE COALITION THAT WAS ACTUALLY FUNCTIONING.

BUT FOR WHATEVER REASON, THEY WERE NOT BEING ABLE TO, UH, ATTEND MEETINGS AND, AND, AND FUNCTION, I THINK AS WE WERE PROBABLY PROPOSED.

WELL, I'D LIKE TO GIVE A LITTLE BIT OF BACKGROUND ABOUT WHY I ASKED FOR THIS TO BE A DISCUSSION TOPIC TODAY.

UM, ABOUT A MONTH AGO, WE HAD KIND OF AN IMPROMPTU MEETING.

IT WAS COUNCIL MEMBER KINLAW, UH, OUR CITY LEGAL DEPARTMENT AND CHIEF DURSO TO TALK ABOUT THE HOMELESS PROBLEM THAT WE HAVE THROUGHOUT THE CITY.

UH, DISTRICT THREE RIGHT NOW HAS THE LARGEST HOMELESS ENCAMPMENT IN THE CITY, AND IT'S A PROBLEM.

UH, PANHANDLING IS GOING ON IN PLACES WHERE WE'VE NEVER SEEN IT BEFORE.

UH, AND WE HAD JUST A ROUND TABLE KIND OF BRAINSTORMING DISCUSSION ABOUT WHAT WE NEED TO DO.

UH, THAT WAS A MONTH AGO.

AND ABOUT TWO WEEKS AGO, I SENT AN EMAIL, UH, TO, UH, MAYOR BARTEE, UH, TO CITY MANAGER BURTON.

AND I COPIED, UH, MS. CHRISTY WHITELY AND COUNCIL MEMBER KEN LAW, ASKING ABOUT WHAT CAN WE DO TO GET OUR HOMELESS COALITION BACK UP AND RUNNING.

I'VE RECEIVED NO RESPONSE TO THAT EMAIL.

IT'S BEEN ALMOST TWO WEEKS AGO.

UM, WE NEED TO DO SOMETHING.

I HAVE CITIZENS THAT ARE CONTACTING ME ALMOST ON A DAILY BASIS ABOUT THE GROWING PROBLEM.

UH, WHETHER THERE'S A COALITION THAT'S TOGETHER NOW OR NOT, WE NEED TO DO SOMETHING.

AND IF I NEED TO MEET WITH JUAH SMITH AND TRY TO GET THIS COALITION BACK TOGETHER, I'VE EVEN BEEN CONTACTED BY MEMBERS OF THAT COALITION SAYING, WHAT ARE WE DOING? WHY AREN'T WE MEETING? AND, AND THEY WOULD LIKE TO REIGNITE THAT GROUP AS WELL.

SO WE NEED TO DO SOMETHING.

THIS, THIS HOMELESS, UH, SITUATION.

I'VE DISCUSSED THIS WITH THE CHIEF IN THE PAST.

WHAT I'VE HEARD, I I, AND I HAVEN'T VERIFIED THE SOURCES, BUT WHAT I'VE HEARD THAT MOSTLY SURROUNDING CITIES BRING MM-HMM.

BRING THEIR HOMELESS HERE.

THE MEDICAL CENTER IS THE ONLY ONE THAT TREATS THEM.

AND, AND THE, THEY DON'T COME BACK AND GET 'EM.

SO WE TREAT THEM AND MEDICAL CENTER TURNS 'EM BACK.

LET'S SEND 'EM OUT THE FRONT DOOR.

AND JUST THAT'S, THAT'S, THAT IS WHY WE ADDING TO THE, THE HOMELESS POPULATION NOW, WHAT NEED TO BE DONE.

I TALKED WITH THE CHIEF ABOUT THIS.

TRY TO FIND WHERE THESE PEOPLE COME FROM.

YOU KNOW, INSTEAD OF JUST DUMPING 'EM ON, IF HE CAN FIND OUT, GET, GET, GET CONTROL OF THE DOCUMENTATION, WHERE THEY COME FROM, AND BEFORE THE MEDICAL CENTER, JUST RELEASE 'EM ON THE STREET, RELEASE 'EM IN A CONTROLLED ENVIRONMENT, GET WITH THE CITIES TO COME PICK YOUR PEOPLE UP AND TAKE CARE OF 'EM.

YOU KNOW, THAT WOULD LOWER OUR HOMELESS POPULATION.

THEY DUMPING ON US.

KNOW, JUST TO KIND OF BE FRANK ABOUT THIS SITUATION, I KNOW IT'S A PROBLEM THROUGHOUT THE UNITED STATES AND, AND THE STATE OF TEXAS, BUT COUNCILMAN BECKHAM AND, AND COUNCILOR, UH, MEMBER LEWIS IS ABSOLUTELY RIGHT.

UH, COUNCILMAN KEN LAW.

UH, THANK YOU, MAYOR.

AND, YOU

[01:30:01]

WE'VE BEEN NOTIFYING, AND OF COURSE I'VE CONTACTED THE CHIEF OF POLICE, ALSO THE CITY MANAGER, ABOUT WHAT ELSE WE CAN DO TO MAKE SURE THAT WE CAN ADDRESS THIS GROWING PROBLEM.

BUT, YOU KNOW, THAT PANHANDLING THAT'S GOING ON AND INTERSECTIONS ALL THROUGHOUT THE CITY, WE UNDERSTAND THAT SOME CITIES IS AB HE'S ABSOLUTELY RIGHT THAT, UH, BECAUSE OF THE HOSPITAL THAT WE HAVE LOCALLY THAT ADDRESS SOME OF THOSE MENTAL ILLNESS NEEDS, THEY'RE JUST LEAVING THESE PEOPLE HERE AND THEY JUST WONDERING AND, AND GOING AND FINDING SHELTER SOMEWHERE.

BUT WE REALLY NEED TO FIND A SOLUTION TO THIS GREAT AND, AND GROWING PROBLEM.

I KNOW THAT, YOU KNOW, IT'S JUST NOT A POLICE THING.

IT'S NOT A CITY THING.

IT'S A THING THAT THE WHOLE CITY OF PORT ARTHUR HAVE TO WORK TOGETHER TO GET DONE.

SO I WOULD, I WOULD ENCOURAGE THAT THE CITY, THE STAFF, CITY MANAGER, CHIEF OF POLICE, AND ITS COALITION THAT WE'VE HAD IN THE PAST, I DO REMEMBER WHEN WE HAD IT ESTABLISHED AND WE WERE WORKING ON SOME THINGS TO TRY TO ADDRESS SOME OF THESE ISSUES.

BUT AT THIS POINT, THE, IT'S GETTING BAD.

AND IF WE DON'T STOP THE SHIP NOW AND TRY TO ADDRESS THESE ISSUES, IT'S GONNA BLOW UP.

BECAUSE THOSE SAME GUYS THAT ARE HANGING AROUND ON THOSE INTERSECTIONS AND DOING ALL THESE OTHER THINGS, GOING IN NEIGHBORHOODS AND SETTING UP CAMP, IT'S GONNA AFFECT ALL OUR NEIGHBORHOODS.

SO LET'S DO SOMETHING TO TRY TO HELP THESE INDIVIDUALS AT THIS POINT WHILE WE HAVE THE OPPORTUNITY AND THE CHANCE TO.

UH, COUNCILMAN FRANK? YES, MAYOR, CAN I SUGGEST, UH, SINCE COUNCILMAN, UM, BECKHAM, UH, BROUGHT THIS UP, UM, CAN I SUGGEST THAT WE FORMALIZE, UM, THE FORMATION OF A HOMELESS COALITION LIKE WE DID, UH, FOR BEAUTIFICATION, LIKE WE DID FOR POLICE ADVISORY, UH, AND, UM, AND FORMALLY DO THAT SO THAT WE CAN BRING CITIZENS TOGETHER ALONG WITH, UH, STAFF, UH, TO ADDRESS THIS PROBLEM PARTICULARLY.

COUNT, UH, CITY MANAGER.

ABOUT TWO TO THREE WEEKS AGO, STAFF, INCLUDING THE POLICE CHIEF, MS. MARY ESSEX, OUR GRANT COORDINATOR, UM, ALL THE CODE ENFORCEMENT OFFICERS AND THE LEGAL DEPARTMENT MET WITH COUNCILWOMAN BECKHAM IN MY CONFERENCE ROOM ON THE FOURTH FLOOR.

AND AMONG ISSUES THAT WERE DISCUSSED WAS THE HOMELESS PROBLEM IN THE CITY OF PORT ARTHUR.

WE WERE GRACE WITH THE PRESENCE OF MS. MARY ESSEX, AS I STATED.

AND MS. ESSEX DID SHARE INFORMATION WITH US THAT, UM, WE DID, WE HAVE RECEIVED ME A ONE POINT A MILLION AND $40,000 FROM HERD, WHICH COUNCIL HAVE TAKEN ACTION.

AND I WILL PROVIDE A REPORT ON THAT COUNCIL OF TAKE ACTION THUS FAR TO DISTRIBUTE THAT MONEY AMONG VARIOUS NON-PROFIT ORGANIZATIONS, INCLUDING THE CATHOLIC CHARITIES, THE, UM, UM, MS. VIVIAN BALLOU, UM, ORGANIZATION THAT COURT ABOUT $300,000 TO DO THE CASE MANAGEMENT THAT WAS, THAT IS NECESSARY, UM, AMONG THOSE, UH, AS WELL AS THE SALVATION ARMY THAT RECEIVED QUITE A BIT OF MONEY.

SO APART FROM THE COAL, UH, THE COALITION COMMITTEE THAT WAS FORMED, UM, BY THE MAYOR, THAT WAS LED BY, UM, THEN COUNCILWOMAN HOMES, UM, THE CITY HAS INVESTED QUITE A BIT, UM, IN A VERY COORDINATED AND COLLABORATIVE EFFORT IN ADDRESSING THE HOMELESS PROBLEM THROUGH NONPROFIT ORGANIZATIONS.

SO IT'S NOT THAT THE CITY HASN'T DONE ANYTHING, THE CITY HAS PUT ITS MONEY WHERE ITS MOUTH IS, YOU KNOW, TO MAKE SURE THAT THE PROBLEM MORE THAN SIX MONTHS NOW IS WORKING.

THE, THE, THE, THE, THE MACHINERY IS WORKING.

YOU KNOW, WE'VE GOT TO CONTINUE TO, TO, TO WORK WITH THOSE NONPROFIT ORGANIZATIONS TO SIT WITH THAT WE ADDRESS THE CLIENTELE, WHICH IS THE HOMELESS OUT THERE.

YOU KNOW, I WILL ASK MS. ESSEX AT THE NEXT COUNCIL MEETING TO PROVIDE AN UPDATE AS TO THE EXPENDITURE OF FUNDS THUS FAR, AND TO GIVE A REPORT FROM EACH ORGANIZATION, NONPROFIT ORGANIZATION AS TO HOW THEY HAVE BEEN WORKING IN TACKLING THE PROBLEM OF HOMELESSNESS THROUGHOUT OUR CITY.

CITY MANAGER, UH, COUNCILWOMAN BECKHAM.

THANK YOU, UH, CITY MANAGER.

I APPRECIATE THAT.

UM, BUT IN MY OPINION, IT'S NOT ONLY ABOUT THROWING MONEY AT THE PROBLEM, WE HAVE TO HAVE SERVICES READY.

UH, SO I'D LIKE TO MENTION ALSO THAT LAST WEEK I ATTENDED A LUNCHEON WHERE OUR, UH, SPEAKER OF THE HOUSE, DAVE PHELAN, LET US KNOW THAT THE JEFFERSON COUNTY AREA HAS BEEN APPROVED FOR A NEW MENTAL HEALTH FACILITY.

IT WILL BE LOCATED IN BEAUMONT.

THE FUNDING IS ALREADY

[01:35:01]

THERE.

UH, THIS IS GONNA BE PROBABLY A THREE TO FIVE YEAR DOWN THE ROAD PROJECT BEFORE WE CAN EVER PUT ANYBODY THERE.

SO THINGS ARE COMING, BUT WE'VE GOTTA HAVE THINGS IN PLACE NOW.

UH, HOUSING IS ONE THING, BUT WE'VE GOTTA DEAL WITH MENTAL HEALTH ISSUES.

WE'VE GOTTA DEAL WITH ADDICTION ISSUES.

UH, IT, IT'S JUST, IT'S A BIGGER PROBLEM THAN SPENDING MONEY ON HOUSING.

SO, OKAY.

AND, AND THIS IS, UH, YEAH, ADDED TO THAT MAYOR, WE, UM, THE CITY ATTORNEY AND HER STAFF AND I ARE WORKING ON THE OPIOID MONEY THAT HAS BEEN RECEIVED, UM, THROUGH THE GOVERNOR'S OFFICE.

I THINK WE HAVE IN OUR COFFERS ABOUT $300,000 THUS FAR.

WE DO EXPECT TO RECEIVE, AT THE END OF THE DAY, PRETTY MUCH CLOSE TO $800,000.

UM, WE DO INTEND TO PUT IN, IN, INTO PLACE A WELL COORDINATED PLAN INVOLVING THE HEALTH DEPARTMENT AS WELL, TO MAKE SURE THAT THE ISSUES OF NOT ONLY HOMELESSNESS, BUT A CRITICAL PART OF IT, WHICH IS THE MENTAL HEALTH ISSUES, WHICH WE CONSIDER.

THERE WAS A SURVEY THAT WAS ALSO DONE BY MS. MARY S XAM IN COLLABORATION WITH THE, UM, REGIONAL PLANNING COMMISSION TO MAKE SURE THAT WE, UH, NOT ONLY CAPTURE, UM, UM, THE INDIVIDUALS, BUT WHAT ARE THE REAL CAUSES AND SOURCES OF THOSE.

SO YES, WE DO HAVE ADDITIONAL FUNDING AND WE DO INTEND TO WORK COLLABORATIVELY TO GET THAT DONE.

DID YOU HAVE SOMETHING ELSE, COUNCILMAN FRANK? YEAH, ONE MORE THING, MAYOR.

UM, THE LAST THING IS, IS THAT, UH, WE HAVE COORDINATED NONPROFIT ORGANIZATIONS, UH, THROUGHOUT THE CITY, UH, UH, TO COME TOGETHER AND TO WORK, UH, TOGETHER ON OUR HOMELESS PROBLEM.

UH, ONE OF THE THINGS, UM, MY CHURCH, UH, AND OTHER CHURCHES DO, UH, WE OPERATE A SOUP KITCHEN, UH, WHERE WE FEED INDIVIDUALS WHO ARE HOMELESS.

AND WE HAVE CO UH, COORDINATED EFFORTS WITH, UH, SOCIAL AND CIVICS, UH, CIVIC ORGANIZATIONS, ESPECIALLY THE LAST TIME WE DID IT, UH, IT'S BEEN A WHILE NOW, BUT, UH, WHEN THE HOMELESS ENCAMPMENT WAS ON NINTH AVENUE, UH, WE BROUGHT PORTABLE SHOWERS OUT THERE AND COORDINATED WITH, UH, CIVIC AND SOCIAL CLUBS TO, UH, BRING, UM, UH, FOOD AND CLOTHES, UH, OUT THERE, UH, TO INDIVIDUALS.

BUT AT THE CORE AND CRUX OF OUR PROBLEM, I I CONCUR, IT IS MENTAL HEALTH ISSUES.

THERE ARE SO MANY MENTAL HEALTH ISSUES, UH, THAT ARE BEING, UM, UH, THAT ARE FACING, UH, OUR COMMUNITY.

AND THAT, I BELIEVE IS AT THE CORE AND CRUX OF OUR HOMELESS PROBLEM.

UH, MAYOR KIM.

I JUST WANT TO GIVE A REMINDER TO THE COMMUNITY THAT ALL WHO WONDER ARE NOT LOST, ALL WHO WONDER ARE NOT LOST WHEN HOMELESSNESS IS APPROACHED.

PLEASE, PLEASE TAKE THE OPPORTUNITY TO HAVE A HUMBLE APPROACH AND A RESPECTFUL APPROACH WHEN WE ARE DEALING WITH OUR HOMELESS POPULATION THROUGHOUT THE COMMUNITY.

SOME ARE VETERANS, SOME ARE RUNNING FROM DOMESTIC VIOLENCE, SOME ARE BEING TRAFFICKED.

SOME HAVE BEEN KICKED OUT OF HOMES BECAUSE OF SEVERAL DIFFERENT REASONS.

I HAVE MOUTH WASHED AND TOOTHPASTE, SOCKS AND BLANKETS IN THE TRUNK OF MY CAR, AND A BAG OF CLOTHES ON PURPOSE FOR THAT SPECIFIC REASON.

AND I'M NOT SAYING THAT IF THAT'S NOT YOUR LANE, THEN YOU DON'T HAVE TO HAVE TO GO THERE.

BUT THERE ARE OPPORTUNITIES FOR US TO BE ABLE TO TAKE CARE OF HOME ONE FAMILY AT A TIME.

THERE ARE SOME WHO ARE EVICTED FROM THEIR APARTMENTS OR EVICTED FROM THEIR HOMES BECAUSE THEY COULDN'T AFFORD THE ELECTRIC BILL.

THEY COULDN'T AFFORD THE MORTGAGE OR THE, THE RENT.

SO PLEASE TAKE INTO CONSIDERATION ALL OF THOSE FACTORS.

WE ALL COULD BE ONE PAYCHECK AWAY FROM HOMELESSNESS.

SO, AGAIN, JUST A SUMMARY.

PLEASE TAKE INTO CONSIDERATION HUMILITY AND RESPECTFULNESS WHEN WE ARE DEALING WITH OUR HOMELESS POPULATION AND ALL WHO WONDER OR NOT LOST.

WE'RE A VERY TRANSIENT COMMUNITY.

SO THERE ARE SOME PEOPLE THAT ARE JUST PASSING THROUGH SOME, WE'VE ASKED THEM, WOULD YOU LIKE SOME HELP? AND THEY SAY, OH, NO MA'AM, I'M JUST WAITING ON THE NEXT BUS TO COME.

BUT THEY'RE HERE IN OUR COMMUNITY AND IT, IT, IT IS NOT A GOOD LOOK.

WE WANNA CLEAN IT UP.

WE WANT TO HAVE SOMEWHERE FOR THEM TO GO.

BUT WE HAVE TO TAKE ALL THOSE FACTORS INTO COMM IN, INTO CONSIDERATION.

THE CITY OF AUSTIN DEALING WITH THEIR HOMELESS POPULATION.

MAY I APPROACH YOU COUNCILWOMAN BECKER? YOU HAD ANOTHER REMARKS? YES.

ONE OTHER THING I'D LIKE TO MENTION.

I HAD A KIND OF AN IMPROMPTU MEETING WITH THE EXECUTIVE DIRECTOR OF THE PORT ARTHUR Y M C A LAST WEEK.

HIS NAME IS KEVIN PEARSON.

UH, WE WERE DISCUSSING OTHER MATTERS, BUT THE ISSUE OF HOMELESSNESS CAME UP.

AND HE CAN BE A VERY VALUABLE RESOURCE TO US BECAUSE OF THE EXPERIENCE THAT HE'S HAD IN

[01:40:01]

UH, IF YOU'VE NOT SEEN WHAT'S GOING ON IN AUSTIN, IT PUTS OUR PROBLEMS, WE PALE IN COMPARISON TO IT.

SO HE'S GOT SOME GREAT EXPERIENCE THAT I THINK WE COULD LEAN ON HIS EXPERTISE.

UM, AND I ASKED HIM IF HE WOULD BE WILLING TO, TO BE A PART OF WHATEVER TYPE OF COMMITTEE OR COALITION WE MIGHT PUT TOGETHER.

ON THIS.

AND, UH, I BELIEVE WHAT WE, THE RESOLVE THAT I'VE GATHERED IS THAT, UH, AND I WOULD HOPE THAT YOU ALL WOULD ACCEPT IT.

I WILL GET MS. JULIE SMITH, AS I SAID, FROM THE ONSET WHO HAS BEGUN THE PROCESS OF ACTUALLY WORKING IN THE STATE OF THE COALITION THAT WE DID HAVE APPOINTED.

AND, UH, I'LL SEE WHAT TYPE OF REPORT I CAN GET FROM NEXT COUNCIL MEETING, AND WE CAN BEGIN MOVING FORWARD FROM THERE WITH WHAT IS ALREADY IN PLACE, BOTH TO, UH, COUNCILMAN FRANK'S SUGGESTION AND TO YOUR SUGGESTION AND INQUIRY COUNCILWOMAN, UH, BECCA.

LET'S MOVE TO NUMBER TWO, WHICH IS A DISCUSSION REGARDING CURRENT ORDINANCES RE UH, REGULATING GAME ROOMS AND POSSIBILITY OF CHARGING ADDITIONAL FEES, EXCUSE ME, WHICH CAN BE USED FOR OTHER CITY SERVICES.

AND THIS TOO HAS BEEN REQUESTED BY COUNCILWOMAN BECKHAM.

GO RIGHT AHEAD, COUNCILWOMAN.

UM, AND LET ME JUST SAY CITY ATTORNEY, I APPRECIATE THE, THE WORK THAT MS, UH, VITALE DID ON THIS LITTLE MEMORANDUM, BUT, BUT I WOULD ASK THAT, UM, YOU KNOW, WE LOOK INTO SOME OF THE UPDATES IN THE LAW THAT HAVE OCCURRED SINCE 2017 AND 2018.

UH, THE LAW ACTUALLY DOES ALLOW CITIES TO IMPOSE FEES, TO RECOUP COSTS AND BREAK EVEN WHEN IT COMES TO ENFORCEMENT.

UM, AND THAT'S KIND MY POINT BEHIND THIS.

UM, IN, IN TALKING WITH CHIEF DSO AND OTHERS ABOUT THE GAME ROOM SITUATION, I THINK, UH, A WORKSHOP WOULD BE SOMETHING THAT, UH, WOULD BE BENEFICIAL FOR COUNSEL AND FOR THE POLICE DEPARTMENT BECAUSE THE, THE GAME ROOMS ARE A STEP AHEAD, ALRIGHT? UH, THE TECHNOLOGY THAT THEY HAVE, BEING ABLE TO STAY, UH, KIND OF AHEAD OF THE GAME, UH, WE NEED TO BE AHEAD OF THAT.

AND I THINK IF WE HAD A, A WORKSHOP TO LOOK AT OUR CURRENT ORDINANCES, UH, THE CITY OF BEAUMONT HAS JUST DONE SOMETHING SIMILAR WHERE THEY'RE, THEY'RE CHARGING SOME ADDITIONAL FEES TO HELP THEM BREAK EVEN WITH ENFORCEMENT.

I THINK WE COULD LOOK AT WHAT THEY DID AND THEN, UH, TALK WITH LAW ENFORCEMENT TO FIND OUT, YOU KNOW, WHAT ARE THEY DEALING WITH.

UH, YES, THE NUMBER OF GAME ROOMS HAS DECREASED OVER THE LAST YEAR OR SO.

UH, BUT WE NEED TO KNOW WHAT THEY'RE DEALING WITH SO THAT WE CAN KNOW WHAT OUR ORDINANCES NEED TO LOOK LIKE TO COMBAT THE PROBLEM.

UM, I JUST HAVE A SMALL COMMENT.

THIS WAS JUST A BRIEF, BRIEF OVERVIEW.

AND JUST ONE OTHER THING I'D LIKE TO ADD.

WE, WE ARE FINE WITH HAVING A WORKSHOP AND THAT MS. UH, VITTA HAS ALSO BEEN, UH, REALLY, UH, FOLLOWING THIS.

AND JUST A REMINDER THAT THERE IS THE TEXAS, THE CASE THAT'S BEEN APPEALED TO THE TEXAS SUPREME COURT.

AND THAT MAY GIVE US SOME GUIDANCE, UH, AS WELL.

BUT NO, WE'RE WELCOME TO HAVING ANY, UH, WORKSHOPS AND, UH, YOU KNOW, PROVIDING ADDITIONAL INFORMATION AND SEEING WHAT WE CAN DO.

AND, UH, THIS DATES OF THIS CASE HAS CHANGES EVERY WEEK, BUT RIGHT NOW THEY'RE HOPING TO HAVE, UH, SOME TYPE OF REVIEW OF IT ON NOVEMBER 15TH, 2023.

BUT UN UNTIL THEN, YES, WE DON'T HAVE ANY PROBLEM, UM, PARTICIPATING IN A WORKSHOP AND GETTING MORE UPDATED INFORMATION.

UH, CONSTABLE LEWIS, UH, YOU KNOW, THIS DISCUSSION'S COME UP BEFORE ABOUT, BUT THE MONEY THAT, THE FEES, YOU CAN ONLY USE THOSE FEES FOR ENFORCEMENT.

YOU, AND THAT'S, THAT'S STRICTLY IT.

BUT WE HAD THE FEES UP TO AROUND $600 PER MACHINE.

WHAT IS THE FEES NOW? I'LL HAVE TO LOOK, BUT I THINK WE DID INCREASE IT.

OR, UM, I'LL, I'LL LOOK IN THE ORDINANCE AND GIVE YOU THE EXACT NUMBER 'CAUSE WE DID UPDATE IT, BUT IT, IT'S, IT'S A SIGNIFICANT AMOUNT.

GOOD, GOOD.

BUT I'LL, I'LL GET THAT FOR YOU.

BUT IT, IT DOESN'T SEEM TO DISCOURAGE I AT ALL, YOU KNOW, HOW MANY, HOW MANY LOCATION DO WE HAVE IN PORT ARTHUR? AND WHAT KIND OF PROBLEM WILL, ARE WE STILL HAVING IT? STILL HAVING IT? YEAH, WE CAN GIVE YOU THE NUMBER I BELIEVE HAS DECREASED.

UM, I DON'T HAVE THE DATA IN FRONT OF ME FOR THIS PRESENTATION, BUT, UH, I CAN WORK WITH THE POLICE DEPARTMENT AND GET THAT TO YOU ALL THIS WEEK.

I, I KNOW IT'S DECREASED.

WE USED TO HAVE, I DON'T WANT TO GIVE YOU A GUESS, BUT WE USED TO HAVE, UH, QUITE A FEW.

AND I KNOW THAT THROUGH SOME OF THE ENFORCEMENT EFFORTS WE HAVE, SOME OF THEM DID CLOSE.

UM, BUT, UH, WE CAN GET THE DETAILS.

I ATTENDED A, GO AHEAD.

NO, NO, THAT'S ALL WE'LL DO THAT RESEARCH CONFERENCE A FEW YEARS AGO, UH, FIVE, SIX YEARS AGO, AND THEY WAS ADDRESSING THAT ISSUE.

MEETING, THE CONFERENCE CLOSED, I WENT TO TALK WITH THEM AND THEY SAID THE BEST WAY TO APPROACH IS, IS TO TREAT IT AS AN ORGANIZED CRIME.

BUT AFTER THE MEETING, THEY DIDN'T WANNA TALK ABOUT IT.

I QUESTIONED THEM IN THE, THE PANEL, BUT THEY DIDN'T WANNA TALK ABOUT IT.

SO THE, AFTER, AFTER THE, THE

[01:45:01]

SEE THAT THAT'S THE BEST WAY TO APPROACH IT.

AND THAT'S THE ONLY WAY YOU GONNA GET THE NUMBERS DOWN BECAUSE IT JUST SUCKING MONEY OUT OF THE COMMUNITY.

, IT'S NOT A MANUFACTURING JOB OR BUSINESS, IT'S JUST TAKING MONEY.

JUST LIKE OTHER THINGS, JUST TAKING THE MONEY OUT.

THERE'S NO REINVESTMENT AND JUST TAKING MONEY OUT THE COMMUNITY AND PEOPLE CAN, GETTING INTO PROBLEMS, PAYING THEIR, PAYING THEIR BASIC BILLS, LESS SCHOOL, CLOSE THE BALL, ALL, YOU KNOW, LESS.

IT JUST, IT HAS A NEGATIVE IMPACT ON THE COMMUNITY.

COUNCILMAN BECKHAM? I THINK THE, I WAS IN A MEETING LAST NIGHT WITH THE CONCERNED CITIZENS OF GRIFFIN PARK, AND I THINK THE NUMBERS THAT WE WERE GIVEN WAS, WE'VE GONE FROM 120 OR 130 SOMETHING GAME ROOMS DOWN TO 30 SOMETHING.

IS THAT RIGHT? OKAY.

SO, I MEAN, WE'VE MADE A BIG DENT IN IT, BUT THOSE 30 THAT WE STILL HAVE, WE NEED TO GET RID OF THEM IN PORT ARTHUR OR JEFFERSON COUNTY.

UH, HOW MANY? NO, JUST A MINUTE.

NO, JUST A MINUTE.

JUST A MINUTE.

OH, WE CAN'T BE TOO MANY.

JUST TALKING.

SHE'S MAKING A STATEMENT.

MAKE YOUR A STATEMENT AND THEN YOU'RE GOING TO BE THROUGH WITH YOUR, WITH WHAT YOU'RE SAYING.

YOU THROUGH A COUNCILWOMAN.

I WAS GONNA ANSWER HIS QUESTION.

NO, YOU'RE NOT.

RIGHT, RIGHT NOW WE'RE GOING NOT GONNA DO IT THAT WAY.

WELL, YOU THROUGH WITH YOUR STATEMENT.

TO, UH, NUMBER FIVE, ROMAN NUMER FIVE, WHICH ACTUALLY DEALS WITH REPORTS FROM, UH, OF, UH, COMMUNITY INTEREST.

THAT'S COOL.

OKAY, NOW WE'RE GOING TO MOVE ON AND WELL, WHAT, WHAT, WHAT WE'RE GOING TO DO NOW IS WE'RE GONNA MOVE

[V. REPORTS / ITEMS OF COMMUNITY INTEREST]

DOES ANYONE HAVE ANY REPORTS OF COMMUNITY RIES? YES, SIR.

GO RIGHT AHEAD.

I'D LIKE TO OFFER, UM, A STATEMENT OF CONDOLENCE FOR THE HISTORIC ISRAEL CHAPEL.

A M E CHURCH.

UM, THEIR PASTOR, REVEREND THEO MAYS PASSED, UH, HE SERVED THIS COMMUNITY AND THAT CONGREGATION, UH, FOR 11 YEARS.

UH, AND HE WAS, UH, FUNERALIZED, UH, THIS PAST WEEKEND.

AND SO WE JUST WANTED TO OFFER, UH, CONDOLENCES AND PRAYERS FOR THAT, UH, FOR THAT CHURCH AND FOR OUR COMMUNITY ON THE WEST SIDE.

UH, MAYOR PRO TEMP.

THANK YOU MAYOR.

JUST WANT TO GIVE A REMINDER TO THE COMMUNITY OF THE CULTURAL HERITAGE SHOWCASE.

THE QUA QUINCENTENNIAL.

DID I SAY IT RIGHT? YEP.

CULTURAL HERITAGE SHOWCASE, WHICH IS SATURDAY, OCTOBER 14TH.

AND HOLD ON.

DETAILS ARE PULLING UP.

I DON'T WANNA GET ANYTHING MESSED UP.

OCTOBER 14TH SCHEDULED, UM, FROM 1:00 PM TO 5:00 PM AND IT'LL BE AT THE PORT ARTHUR CIVIC CENTER AND IT IS FREE TO THE PUBLIC.

PLEASE COME AND ATTEND.

AGAIN, IT'S, THIS IS THE REMINDER OF A TRIP AROUND THE WORLD WAS THE SLOGAN FOR IT.

A TRIP AROUND THE WORLD TO WHERE ABOUT 28 COUNTRIES WILL BE REPRESENTED AT THE PORT ARTHUR CIVIC CENTER.

SO PLEASE COME ENJOY YOURSELF AND LEARN ABOUT OTHER CULTURES WITHIN THE CITY OF PORT ARTHUR AND THE REST OF OUR COMMUNITY.

UH, WOULD THERE BE ANY OTHERS? OKAY, IF NOT, WE'LL EXCUSE ME.

MOVE TO PAGE THREE.

AND, UH, WE HAVE, UH, DISCUSSION.

REMOVE NOW TO OUR CONSENT AGENDA.

NO ONE FINISHED BUSINESS.

SO WE

[VII. CONSENT AGENDA]

UH, IN THEIR CONSENT AGENDA, WE HAVE ITEMS THAT ARE OF, UH, BASICALLY ROUTINE BY NATURE, UH, BECAUSE YOU'VE BEEN GIVEN SOME INFORMATION ON THEM.

AND IF THERE WOULD BE ANY ITEMS THAT A COUNCIL PERSON WOULD WALK, WITHDRAWN, PLEASE GIVE ME THE PAGE.

AND THE ITEM NUMBER OR COUNCILMAN ETT.

ITEM ONE ON PAGE FOUR.

ITEM PAGE FOUR, ITEM TWO ON PAGE FOUR.

ITEM TWO.

ONE AND TWO.

ONE AND TWO ON PAGE FOUR.

ANY OTHERS? ANY OTHERS? OKAY, AT THIS TIME, I'M READY.

ENTERTAINMENT A MOTION FOR, UH, APPROVAL OF THE CONSENT AGENDA.

MALE PRO.

THOSE INDIVIDUAL ITEMS, ITEM NUMBER ONE ON PAGE FOUR, UH, IT IS P R NUMBER 23 1 15.

MAY I GET A SECOND? COUNCILMAN LEWIS? SECOND, IF IT MOVED.

AND SECOND, THEN WE WOULD ACCEPT THE CONSENT AGENDA AS PRESENTED WITH THE EXCLUSION OF ITEMS ONE AND TWO ON PAGE FOUR.

UH, WE READY FOR QUESTIONING? ALL IN FAVOR? A.

SO EXHORTED, THE CONSENT AGENDA IS NOW APPROVED NOW FOR

[VII.C.(1) P.R. 23115 – A Resolution Authorizing The City Manager To Execute A Contract With Global Emergency Services, LLC Of Beaumont, Texas, For Trash Collection. Funding Is Available In The Revenue Loss-Garbage Collection Support Account, ARP010-GRE-RNT, For The Not-To-Exceed Amount Of $150,000.00]

THE RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLOBAL EMERGENCY

[01:50:01]

SERVICES.

L L C OF BEAUMONT, TEXAS FOR TRASH COLLECTION FUNDING IS AVAILABLE IN THE, UH, REVENUE LOSS GARBAGE COLLECTION SUPPORT ACCOUNT.

A R P 0 1 0 DASH G R E DASH R N T FOR THE NOT TO BE, NOT TO EXCEED AMOUNT OF $150,000.

MAY I GET A MOTION FOR APPROVAL? COUNCIL MCKEN LAW.

MAY GET A SECOND.

COUNCILMAN FRANK.

SECOND IT MOVE THE SECOND THAT WE WOULD ACCEPT P R NUMBER 23.

ONE 15.

WE READY FOR QUESTION? UH, COUNCILMAN, UH, ETT? YES, RON? UH, ON THIS, THIS IS FOR TRASH.

THIS IN CASE WE NEED HELP TO STAY ON SCHEDULE.

WHAT ABOUT GARBAGE? DO WE HAVE ONE? DID YOU DO ONE FOR GARBAGE? NO, WE SPECIFICALLY DID IT FOR TRASH, BUT WE COULD ALSO DO IT FOR GA.

UM, THIS IS MONEY THAT WE GOT FROM APPLE THAT WE ARE LOCATED, UM, WHEN THE MONEY WAS FIRST RECEIVED, BUT, UM, WE STILL, WE HAD A BALANCE OF, UM, $400,000, $440,000.

AND, UM, IT'S STILL IN THE BUDGET, IN THE UPPER BUDGET.

AND WE ARE TAKING $175,000 FROM THAT.

AND WE HAVE ALLOCATED IT FOR THIS EMERGENCY PURPOSE, BUT THERE IS STILL A BALANCE THAT WE COULD CONTINUE TO USE.

WELL WITH THIS, UH, ONE 50, COULD WE HAVE MADE IT, UH, SOLID WASTE AND THEREFORE IF EITHER ONE OF 'EM CAME UP, YOU, YOU HAD THE FUNDS AVAILABLE AS OPPOSED TO TRASH? WE COULD DO THAT.

WE COULD DO THAT.

IF WE DO SOLID WASTES, THEN YOU COULD COVER GARBAGE, ALL TRASH, WHICHEVER ONE THAT COMES UP.

WE, WE COULD DO THAT.

WE COULD HAVE, YEAH, WE COULD DO THAT IN THE FUTURE.

BUT THE, THE THING IS COUNSELOR, THERE'S STILL MONEY THERE THAT WE COULD USE FOR THAT.

OKAY, THEN WE NEED TO MAKE SURE WE GOT BACKUP.

'CAUSE WE DON'T WANNA GET BEHIND WITH THE SCHEDULE.

NO, NO.

UH, MAY I APPROACH HIM YET? QUESTION.

THANK YOU MAYOR.

WITH THAT FUNDING, THE ONE 50 THAT YOU'RE SPEAKING ABOUT, ARE WE ABLE TO PURCHASE ANY EQUIPMENT? NO.

NO, NO.

, WHAT CAN YOU DO? NO, WE CAN ONLY USE IT FOR, UM, UM, THE SERVICES, UM, UH, UH, UH, SPECIFICALLY STATED THAT WE CANNOT PURCHASE, THIS IS UPPER MONEY THAT WE'RE USING.

WE SPECIFICALLY CANNOT USE IT FOR THE PURCHASE OF EQUIPMENT.

WE HAVE TO USE IT FOR THOSE SERVICES.

IT'S, UM, IT'S UNDER, UM, THE SHORTFALL OF REVENUE AND WE HAVE TO FOLLOW THE GUIDELINES VERY STRICTLY THAT HAS BEEN ISSUED BY THE FEDERAL GOVERNMENT.

TWO, WHICH IS P R NUMBER 23 1 39 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMEND NUMBER ONE.

ANY OTHER UNRE? THINK WE DON'T HAVE ANY READY FOR VOTING? ALL IN FAVOR? AYE.

AYE.

ANY OPPOSES? AYE.

HAVE ANY? SO WILL THIS AUDIT, UH, NEXT WE MOVE TO NUMBER

[VII.C.(2) P.R. 23139 – A Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Contract Between The City Of Port Arthur And LJA Engineering Of Beaumont, Texas, Extending The El Vista Drainage Pump Station Project Duration By 75 Calendar Days Until January 19, 2024. There Is No Budgetary Impact For The Extension]

TWO, THE CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND L J A, UH, ENGINEERING OF BEAUMONT TEXAS EXTENDING THE L VISTA DRAINAGE PUMP STATION PROJECT DURATION BY 75 CALENDAR DAYS UNTIL JANUARY 19TH, 2024.

THERE IS NO BUDGETARY IMPACT FOR THIS EXTENSION.

MAY I GET A MOTION FOR APPROVAL OF COUNCILMAN LEWIS MOTION APPROVAL? MAY I GET A SECOND? UH, COUNCILMAN BECKHAM SECOND.

IT'S BEEN MOVED AND SECOND THAT WE WOULD, EXCUSE ME.

APPROVE PR NUMBER 23 1 3 9.

ARE WE READY FOR QUESTION COUNCILMAN? UH, DOUCETTE? YES.

WHEN I LOOKED AT THE, UH, LETTER THAT THEY SUBMITTED, UH, FOR THE EXTENSION IN TIME, THEY SAID THAT THEY ENTERED INTO AN AGREEMENT WITH THE CITY OF PORT ARTHUR ON JULY THE SEVENTH FOR THE AIR VESSEL PUMP STATION IMPROVEMENT.

THE PRO IN OUR PROPOSAL, WE ESTIMATED THE PROJECT WOULD TAKE APPROXIMATELY FOUR MONTHS TO COMPLETE THE FINAL PLAN.

SO THEY HAVE A PROBLEM WITH THE COMPANY.

SO THEY, THEY GIVEN US A PROPOSAL FOR THEIR, UH, COMPLETION AND EVERYTHING.

SO WE GIVE THEM THE CONTRACT.

WE GAVE THEM THE CONTRACT ON THE 7TH OF JULY.

THEN THEY SAY THE S THE SURVEY AND FIELD SERVICES WERE SCHEDULED FOR AND COMPLETED ON AUGUST THE NINTH.

SO THEY COMPLETED ALL THE SURVEYING ON THE NINTH.

SO THE NEXT THING THEY HAD TO DO, ACCORDING TO THE LADDER, WAS, UH, START THEIR, UH, SAMPLING.

OKAY? UH, THE GEOLOGICAL TESTING, THAT'S THE TESTING, THE GROUT.

THEY HAD A PROBLEM WITH THE COMPANY.

THEY ARE HIRING TO THE, TO THE, TO DO THE TESTING.

[01:55:02]

THEY CONTRACTING TO DO THE SAMPLING.

WHY IS THAT OUR PROBLEM? YOU SEE, THEY SIGNED A CONTRACT WITH US TO DO THE WORK.

IF THEY GOT A PROBLEM, THEY NEED TO GO TO ANOTHER COMPANY TO DO THE TESTING BECAUSE THEY ARE UNDER CONTRACT WITH US.

WE HAVE TO START LOOKING AT CONTRACTS THAT WE DO IN THE CITY.

EVERY TIME I TURN AROUND, SOMEBODY WANT AN EXTENSION, BUT IF YOU CHECK WHAT THE EXTENSION IS FOR, IT'S FOR THEM EITHER JUST NOT BEING ON TOP OF THE JOB OR TRYING TO DO OTHER JOBS OR THEY HAVING ISSUES THAT THEY HAVE TO DEAL WITH.

BUT SEE WHAT WE DO WHEN WE ISSUE THESE CONTRACTS, WE GOT A TIMELINE IN WHICH WORK GET DONE.

AND WHAT'S HAPPENING IS WHEN WE KEEP ALIGNED COMPANIES TO GET THE CONTRACTS AND THEN DO WHAT THEY WANT TO DO, IT DELAYS THE PROJECTS THAT WE HAVE SELECTED, THAT WE HAVE FUNDED, THAT WE HAVE ACCOUNTED ON IT BEING DONE IN A CERTAIN LENGTH OF TIME.

THEY ALL SIGN A CONTRACT.

THESE CONTRACTS, A LOT OF TIMES ARE PROPOSALS, ARE BIDS, AND EITHER WITH PROPOSALS OR BID, IT'S COMPETITIVE.

EVERYBODY SUBMIT HOW LONG THEY GOING TO TAKE TO DO JOB.

A LOT OF TIMES ON PROPOSAL, WE MAY TAKE THE PROPOSAL WITH THE SHORTEST TIME BECAUSE WE NEED THE JOB DONE.

SO WE NEED TO START TAKING A LOOK AT SOMEBODY ASKING US TO EXTEND TIME, UH, CITY ATTORNEY WITH THIS CONTRACT.

WAS THIS THE ONE WHAT, UH, THAT WE ALSO HAVE OUR PENALTY AND THAT ONE FOR, UH, TIME OR, UH, WAS IT, I WOULD HAVE TO PULL FOR THE CONTRACT, BUT MOST OF OUR CONTRACT DO.

I I HAVEN'T LOOKED AT THE CONTRACT, UH, TO SEE, OKAY, 'CAUSE THIS IS SOMETHING ELSE.

I'LL HAVE TO LOOK AT IT, BUT OKAY, WELL, I'M NOT GONNA, WE, WE ARE NOT GONNA HOLD A MEETING UP.

OKAY? BUT I, I WANT MAKE IT A MATTER OF RECORDS.

UH, SHERRY, THIS ONE ON THE RECORDS EXTENSIONS INCREASING IN MONIES.

ALL OF THESE CHANGE ORDERS, WE NEED TO HAVE JUSTIFICATION AND PEOPLE THAT SIGN THOSE CONTRACTS NEED TO BE HELD ACCOUNTABLE.

THAT'S WHY WE PUT THE PENALTY PORTION IN THESE CONTRACTS.

IF YOU DON'T FINISH IT BY THIS TIME, YOU'LL FIND X AMOUNT OF DOLLARS A DAY.

IF THEY DON'T FINISH IT, LET 'EM START PAYING.

I BET THEY'LL FINISH THEM ON THEN.

OKAY, SO LET'S, LET'S PAY PARTICULAR ATTENTION TO THAT KEY WORD, CHANGE ORDERS.

LET'S NOT LET CHANGE ORDERS BE FOR CONVENIENCE OF PEOPLE WE'VE ALREADY CONTRACTED.

THAT'S THAT, THAT'S NOT WHAT THIS IS FOR.

OKAY, THANK YOU COUNCILOR KINLAW.

UH, THANK YOU MAYOR.

UH, I TOO HAVE A CONCERN.

I'VE BEEN ASKING ABOUT THOSE PARTICULAR THINGS FOR ABOUT FOUR YEARS AND WHY, UH, SOME COMPANIES DECIDED TO COME TO PORT ARTHUR AND WE SIGNED A CONTRACT WITH THEM AND AT THE END OF THE, THE CONTRACT OR GETTING CLOSE TO THE END OF THE CONTRACT, THEY ASK FOR A CHANGE ORDER OR SOME TYPE OF ALIBI DAYS.

NOW, WHEN THEY DO THESE CONTRACTS THOSE DAYS, IT SHOULD BE ALREADY BUILT IN WHERE THAT THEY'RE EXPECTED TO HAVE SOME PROBLEMS. SO THEY BUILD THE CONTRACTS WHERE THEY HAVE ALIBI DAYS IN THOSE.

BUT SOMEHOW WE'VE KIND OF, YOU KNOW, BECAME LAX I THINK, IN MY OPINION, ON, UH, LOOKING OUT AND, AND, UH, HAVING SOMEONE ON THE STAFF SIDE TO ENSURE THAT IF WE HAVE, UH, OR WE'RE GETTING CLOSE TO A COMPLETION OF A PROJECT, THAT THE COMPANIES HAVE DONE WHAT THEY'RE SUPPOSED TO DO IN A TIMELY MANNER.

SO FOR THE LAST THREE OR FOUR YEARS I'VE BEEN ASKING AND, AND, AND, AND TRYING TO FIGURE OUT WHY THESE CONTRACTS ARE LIKE THAT.

AND IF YOU ARE NOT GONNA COMPLETE THE CONTRACT WHEN THE NUMBER OF DAYS THAT WE BOTH PARTIES AGREED UPON A PENALTY SHOULD BE ENFORCED.

AND I THINK WE'VE DONE THAT IN THE PAST ON SOME COMPANIES, BUT I TOO HAVE A GROWING CONCERN ON HOW CONTRACTS ARE IMPLEMENTED IN THE CITY OF PORT ARTHUR.

AND ON THE STAFF SIDE, SOMEONE TO ENSURE THAT WEEKLY DAILY COMPANIES NOT WALKING OFF ON PROJECTS.

UH, BECAUSE WHAT IT DOES, IT AFFECTS THE CITIZENS OF PROJECT, UH, IN PORT ARTHUR

[02:00:01]

ON THESE PROJECTS.

SO HOPEFULLY IN THE NEAR FUTURE WE CAN WORK HARD ON HOW WE HAVE STAFF TO ENSURE THAT COMPANIES ARE DOING WHAT THEY'RE SUPPOSED TO DO TO ENSURE THAT THIS IS DONE IN A TIMELY MANNER.

OKAY, THAT'S IT.

ANY OTHER ON READINESS? COUNCILMAN LEWIS? CITY MANAGER? UH, HAVE WE IMPROVED ON OUR TURNAROUND TIME ON PAYING OFF THE PAYING CONTRACTORS ON A TIMELY BASIS? YEAH, BUT WHAT WE WANNA DO IS HAVE OUR UNREADINESS DEALING DIRECTLY WITH THIS PARTICULAR ITEM.

I UNDERSTAND WHAT YOU'RE ASKING, BUT WE HAVE TO KEEP IT DEALING WITH YOUR REMARKS, DEALING WITH AN UNREADINESS FOR THIS ITEM.

COUNCILMAN FRANK? YES.

I WANT TO ASK THE QUESTION.

UM, CITY MANAGER, WHAT ARE THE, WHAT ARE THE REPERCUSSIONS OF US NOT APPROVING OR AUTHORIZING, UH, THIS AMENDMENT? WHAT, WHAT HAPPENS WITH THIS BUSINESS? UM, DO THEY, ARE THEY PENALIZED? AND WHAT ARE THEY PENALIZED? WHAT ARE THE REPERCUSSIONS OF US NOT APPROVING THIS COUNCIL MEMBER? FRANK, IF YOU READ THE LETTER FROM LG ENGINEERING, IT IS A CONTRACT, IT IS A RELATIONSHIP BETWEEN L G E ENGINEERING AND BRO B R A U M THAT HAS NO, NO, WE'VE GOT A CONTRACT WITH, WE ARE WORKING WITH LG ENGINEERING, BUT L G ENGINEERING HAD TO SUBCONTRACT WITH ANOTHER COMPANY IN ORDER TO RECEIVE THAT.

AND IF WE DON'T APPROVE IT, WE'RE JUST GOING TO KICK THE BALL DOWN THE ROAD AND DELAYS FURTHER, WHICH IS WHICH, WHICH WE, THE THIRD COMPANY INVOLVED.

WE HAVE THE RELATIONSHIP WITH THEM.

SO THE, I WOULD, I WOULD REC, I WOULD HUMBLY RECOMMEND THAT WE MOVE, WE APPROVE IT, AND WE CONTINUE TO MOVE ON.

WILL GO OVER TO PAGE EIGHT, I BELIEVE IT IS WHERE WE WOULD BEGIN, BLESS YOU, WHERE WE WOULD BEGIN THE NON-CONSENT, UH, AGENDA AND ON PAGE EIGHT, HAVE, UH, RESOLUTIONS.

UH, THAT, OKAY? WE READY TO VOTE? ALL IN FAVOR A.

AYE, ANY OPPOSES AYES HAVE IT.

SO IS ALL IT'S ORDERED.

P R NUMBER 23 1 39 IS APPROVED.

NOW WE

[VIII.A.(1) P.R. 23216 – A Resolution Approving The First Amendment To The Performance Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Mid Co. Shopping Plaza, LLC; Funds Available In EDC Account No. 120-80-625-5478-00-00-000]

WE HAVE ONE, UH, P R NUMBER 23 2 16.

IT IS A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE PERFORMANCE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, SECTION FOUR, A ECONOMIC DEVELOPMENT COOPERATION AND MID, UH, COUNTY SHOPPING PLAZA.

L L C UH, FUNDS ARE AVAILABLE IN, UH, E B A ACCOUNT NUMBER ONE 20 DASH 80 DASH 6 25 DASH 54 78 0 0 0 0 0.

MAY I GET A MOTION FOR APPROVAL? COUNCILMAN ETT.

SO MOVE, MAY I GET A SECOND? UH, COUNCILMAN KINLOCK SECOND IT REMOVED.

AND SECOND THAT WE WOULD ACCEPT P R NUMBER 23 2 16.

UH, AS READ, WE ARE READY TO VOTE.

WELL, WELL FIRST WE HAVE QUESTIONS.

UH, SEE MR. UH, YOU, YOU'VE APPROACHED, UH, YOU HAVE INFORMATION, FURTHER INFORMATION? NO, SIR.

I, I WAS, IF WERE THERE ANY QUESTIONS AND BY THE WAY, GOOD MORNING, FORGIVE THE MATTERS.

OKAY, WELL, LET ME SEE.

I DON'T HAVE, I I DON'T HAVE ANY, ANY ANY ON THIS, RIGHT? OKAY.

WE ALREADY FOR VOTE.

ALL IN FAVOR? ALRIGHT, ANY OPPOSES? ALRIGHT, THAT'S IT.

WE'LL MOVE ON TO THE NEXT THING.

OKAY, THANK YOU SIR.

OKAY, NEXT WE HAVE PR

[VIII.A.(2) P.R. 23217 – A Resolution Approving The First Amendment To The Pre-Employment Workforce Training Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Lamar State College Port Arthur; Increase Funding By $25,040.00 For A Revised Not To Exceed Amount Of $145,040.00; Funds Available In EDC Account No. 120-80-625-5475-00-00-00]

NUMBER 23 2 17.

IT IS A RESOLUTION AUTHORIZING, LEMME SAY APPROVING.

I'M SORRY.

APPROVING THE FIRST AMENDMENT TO THE PRE-EMPLOYMENT WORKFORCE TRAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR, SECTION FOUR, ECONOMIC DEVELOPMENT CORPORATION AND LAMAR STATE COLLEGE PORT ARTHUR.

INCREASING FUNDING BY 25, UH, $25,040 FOR A REVISED NOT TO EXCEED AMOUNT OF $145,040 FUNDS AVAILABLE IN E D C.

ACCOUNT NUMBER ONE 20 DASH 80 DASH 6 2 5 DASH 54 75 DASH 0 0 0 DASH ZERO ZERO.

I GET A MOTION FOR APPROVAL.

COUNCILMAN FRANK.

HAVE P R NUMBER 2 2 3 3 41.

MAYOR, MAY I GET A SECOND? COUNCILMAN KINLOCK SECOND MAYOR, IT'S BEEN MOVED IN SECOND AND WE WOULD APPROVE P R NUMBER 23 2 17 AS RED.

WE READY FOR QUESTION? THERE ARE ANY QUESTIONS? YOU READY TO VOTE? ALL IN FAVOR? AYE.

ANY OPPOSES ORDERED? NEXT WE'LL MAY

[VIII.A.(3) P.R. 23341 – A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into A Professional Services Agreement With Schaumburg & Polk, Inc. For The Engineering Services Related To Improvements To The Existing Lift Station Serving The Spur 93 Business Park In An Amount Not To Exceed $37,200.00; Funds Available In EDC Account No. 120-80-625-5479-00-00-000]

IT IS THE RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR.

SECTION FOUR, A ECONOMIC DEVELOPMENT COOPERATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SCHLUMBERGER AND POLK, UH, INCORPORATED FOR THE ENGINEERING SERVICES RELATED TO IMPROVEMENTS TO THE EXISTING LIP

[02:05:01]

STATION SERVING THE SPURD 93 BUSINESS PARK IN AN AMOUNT NOT TO EXCEED $37,200 FUNDS AVAILABLE IN E D C ACCOUNT NUMBER ONE 20 DASH 80 DASH 6 2 5 DASH 54 7 9 0 0 DASH 0 0 0 MAG.

GET MOTION FOR APPROVAL.

COUNCILMAN LEWIS? THANK YOU SIR.

MAY I GET A SECOND, UH, MAYOR, APPROACH HIM, IT'S BEEN MOVED.

AND SECOND THAT WE WOULD APPROVE P R NUMBER 23 3 41.

WE HAVE ANY QUESTIONS? WE'RE READY TO VOTE.

ALL IN FAVOR? AYE.

ANY OPPOSES? AYE HAVE IT SO IS ORDERED.

WE APPROVE P R NUMBER 23 3 41.

[VIII.A.(4) P.R. 23359 – A Resolution Accepting A Public Water And Wastewater Utility Easement From H&P Engineering & Construction, Inc. For The Willow Lane Townhomes Development]

NEXT WE HAVE P R NUMBER 23 3 5 9 A RESOLUTION ACCEPTING A PUBLIC WATER AND WASTEWATER UTILITY EASEMENT FROM H AND S ENGINEERING AND CONSTRUCTION INCORPORATED FOR THE WILLOW LANE TOWNHOMES DEVELOPMENT.

MAY I GET A MOTION FOR APPROVAL? COUNCILMAN BECKHAM MOVED.

MAY I GET A SECOND? COUNCILMAN ETT? SECOND.

IT'S BEEN MOVED.

AND SECOND THAT WE WOULD APPROVE PR OR 23 3 5 9.

WE ARE READY FOR QUESTIONS.

THERE AREN'T ANY QUESTIONS READY TO VOTE? ALL IN FAVOR? AYE.

ANY OPPOSES AYES HAVING SO IS ORDERED.

WE'VE APPROVED PR NUMBER 23 3 5 9.

NEXT WE HAVE

[VIII.A.(5) P.R. 23362 – A Resolution Authorizing The City Manager To Revise The American Rescue Plan Act (ARPA) Project Categories Which Were Previously Approved]

PR NUMBER 23 3 6 2.

IT IS A RESOLUTION AUTHORIZING THE CITY MANAGER TO REVISE THE AMERICAN RESCUE PLAN APA PROJECT CATEGORIES WHICH WERE PREVIOUSLY APPROVED.

MAY I GET A MOTION FOR APPROVAL? COUNCILOR KEN LAW.

SO MOVE MAYOR, MAY I GET A SECOND COUNCILOR? FRANK.

NEXT WE HAVE P R NUMBER 2, 3 3, 6 3.

IT'S BEEN, IT'S BEEN APPROVED IN SECOND.

THANK YOU THAT WE WOULD APPROVE PR NUMBER 23 360 2.

WE HAVE ANY QUESTIONS ON THIS? THERE ARE ANY QUESTIONS.

YOU RATHER VOTE? ALL IN FAVOR? A.

ANY OPPOSES AYES HAVE IT.

SO IT IS ORDERED.

UH,

[VIII.A.(6) P.R. No. 23363 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Port Arthur Police Chief Advisory Committee (Requested By Councilmember Kinlaw)]

IT'S A RESOLUTION APPOINTING AND A REAPPOINTING.

A MEMBER OR MEMBERS TO THE PORT ARTHUR POLICE CHIEF ADVISORY COMMITTEE.

AND THIS HAS BEEN REQUESTED BY COUNCIL MEMBER .

DO YOU HAVE THE NAME OF THIS? YOU HAVE NAME? YES SIR.

UM, MIKE MASON AND LANGSTON ADAMS. OKAY.

AND THOSE ARE THE NAMES THAT WOULD BE INSERTED THERE.

WE'RE READY.

UH, MAY I GET A MOTION FOR APPROVAL? COUNCILMAN KLOW.

SO MOVE MAYOR, I GET A SECOND.

COUNCILMAN FRANK.

SECOND.

IT REMOVED.

AND SECOND IT WOULD ACCEPT P R NUMBER 23.

3 6 3 AS READ WITH THE NAMES THAT THE CITY SECRETARY HAS JUST CALLED OUT.

WE ARE READY FOR QUESTION ON THIS.

THERE ARE ANY QUESTIONS? YOU READY FOR VOTING? ALL IN FAVOR? AYE.

ANY OPPOSES? AYE.

HAVE IT SO IT IS

[VIII.A.(7) P.R. 23366 – A Resolution Authorizing Acceptance Of The Contractor's Certificate And Release, The Contractor's Certificate Of Guarantee From H&P Engineering And Construction, Inc. Of Port Arthur, Texas For Willow Lane Townhomes And Authorizing The City Manager To Sign The Certificate Of Acceptance On Behalf Of The City Of Port Arthur, Texas]

ORDERED.

NEXT WE HAVE PR NUMBER 23 3 6 6.

IT IS A RESOLUTION AUTHORIZING ACCEPTANCE OF THE CONTRACTOR'S CERTIFICATE OF RELEASE.

THE CONTRACTOR'S CERTIFICATE OF GUARANTEE FROM H AND P ENGINEERING AND THE CONSTRUCTION INCORPORATED OF PORT ARTHUR, TEXAS FOR WILLOW LANE TOWN HALLS AND AUTHORIZING THE CITY MANAGER TO SIGN THE CERTIFICATE OF ACCEPTANCE ON BEHALF OF THE CITY OF PORT ARTHUR, TEXAS, MAY I GET A MOTION FOR APPROVAL? COUNCILMAN ETT? SO MOVED.

MAY I GET A SECOND? COUNCILMAN BECKHAM? SECOND.

IT'S BEEN MOVED.

AND SECOND THAT WE WOULD ACCEPT P R NUMBER 23.

3 6 6 AS READ, WE HAVE ANY QUESTIONS ON THIS? THERE AREN'T ANY QUESTIONS.

YOU'RE READY TO VOTE? ALL IN FAVOR? AYE.

ANY OPPOSES? AYES HAVE IT.

SO IT IS AUDIT.

WE WILL ACCEPT P E R NUMBER 23.

THREE, UH, 66.

[VIII.A.(8) P.R. No. 23371 – A Resolution Appointing And/Or Reappointing A Member Or Members To The Beautification Commission (Requested By Mayor Pro Tem Hamilton)]

WE HAVE P R NUMBER 23 3 7 1.

IT IS A RESOLUTION APPOINTED AND OR REAPPOINTED A MEMBER OR MEMBERS TO THE UNIFICATION COMMISSION.

THIS HAS BEEN REQUESTED BY MAYOR PRO TIM HAMILTON.

DOES SHE HAVE THE NAME? UH, YOU HAVE THE NAME COUNCIL? UH, YES SIR.

CLAYTON CLARK II AND MICHELLE HAMILTON.

OKAY, WE HAVE THOSE NAMES TO BE INSERTED THERE.

MAY I GET A MOTION FOR APPROVAL? COUNCILMAN HAMILTON? MAY I GET A SECOND? COUNCILMAN LEWIS? IT'S BEEN MOVED IN SECOND THAT WE WOULD APPROVE P R NUMBER 23 3 7 1 AS READ, WE HAVE ANY QUESTIONS? WE'RE READY TO VOTE.

ALL IN FAVOR? ALL, ANY OPPOSES? AYE.

HAVE SO ORDERED.

P R NUMBER 23 3 7 1 IS APPROVED IN READ.

NOW WE ARE AT ORDINANCES.

[VIII.B.(1) P.O. No. 7167 – An Ordinance Amending Chapter 110 (Utilities), Article II (Water), Division 1 (Generally), By Adding Sections 110-37 Through 110-37.11 Code Of Ordinances Of The City Of Port Arthur, As It Pertains To A Water Maintenance Plan]

WE HAVE PO NUMBER 7 1 67 AN ORDINANCE AMENDING CHAPTER 10.

WELL CHAPTER EXCUSE ONE 10, WHICH IS UTILITIES ARTICLE TWO, WATER DIVISION ONE GENERALLY, AND BY ADDING SECTIONS ONE 10 DASH THREE SEVEN THROUGH,

[02:10:01]

UH, ONE 10 DASH THREE SEVEN POINT 11 CODE OF ORDINANCES FOR THE CITY OF PORT ARTHUR AS IT PERTAINS TO A WATER MAINTENANCE PLAN.

MAY I GET A MOTION FOR APPROVAL OF COUNCILMAN KINLOCK? SO MOVE MAYOR, MAY I GET A SECOND? COUNCILMAN FRANK? SECOND IS A MOVE AND SECOND THAT WE WOULD APPROVE PO NUMBER 7 1 6 7 IS READ.

WE HAVE ANY QUESTIONS? THERE AREN'T ANY QUESTIONS.

WE'RE READY TO VOTE.

ALL IN FAVOR? ANY OPPOSES AYES HAVE.

SO IS ORDERED PO NUMBER 7 1 6 7 IS APPROVED, IS READ.

MAYOR, MAY I ASK, ASK YOU A QUESTION ABOUT THE NEXT ONE? I JUST BEFORE YOU READ IT, I DON'T KNOW IF YOU ALL HAVE ANY QUESTIONS.

SO I JUST, UM, IF YOU, IF YOU'RE ON 7 1 7 9, IF, IF, IF YOU DON'T, UM, WE CAN MOVE FORWARD.

OKAY? I HAVE IT POSTED BOTH WAYS.

WHATEVER OUR PLEASURE, I'M DIRECTED TO YOU.

AN ORDER THAT'S APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3 9 7 EFFECTIVE OCTOBER 1ST, 2023 THROUGH SEPTEMBER 30TH, 2024.

PO NUMBER 7 1 7 9

[VIII.B.(2) P.O. No. 7179 – An Ordinance Approving A Collective Bargaining Agreement Between The City Of Port Arthur And The International Association Of Fire Fighters Local 397; Effective October 1, 2023 Through September 30, 2024]

I GET A MOTION FOR APPROVAL.

COUNCILMAN DOUCETTE.

MAY I GET A SECOND? COUNCILMAN BECKER? SECOND.

IT BEEN MOVED AND SECOND THAT WE WOULD, EXCUSE ME, APPROVE PO NUMBER 7 1 7 9 AS READ.

WE ARE READY.

UH, ANY QUESTIONS ON THIS? OKAY, COUNCILMAN LEWIS? MAYOR, GO AHEAD.

I GOT, I'LL LET YOU FINISH.

I WAS JUST GONNA SAY I HAVE IT POSTED BOTH WAYS REGARDLESS OF WHAT YOU LIKE.

I HAD A, MY QUESTION IS ABOUT, AND I THINK IT'S ARTICLE SEVEN, I DON'T HAVE IT IN FRONT OF THE ARTICLE SEVEN.

THEY PARTICIPATING IN, IN, IN THESE, IN THESE ELECTIONS.

THAT'S, THAT'S, THAT'S WHAT HAPPENS.

HOLD COUNCILMAN LEWIS.

I STILL HAVE TO KEEP IT WITH WHAT THE CAPTION IS.

NO, NO, NO, NO.

YOU SAID SOMETHING ABOUT ELECTIONS.

IT IS, WELL, HE A QUESTION INSIDE, BUT THAT'S IN THE CONTRACT.

JUST HOLD UP.

WHO, WHO ELSE TO TALKING? OKAY.

NO.

MAY I SAY SOMETHING? NO, MA'AM.

NO MA'AM.

WE AREN'T GOING TO ENTERTAIN SOMETHING, NOT A PART OF WHAT THE CAPTION IS.

SO WHAT WE'LL DO IS YOU WANT TO REMOVE THIS AND HAVE THIS DISCUSSED IN CLOSED SESSION.

YEAH, WE, OKAY, WELL MAKE THAT, I'LL ACCEPT A MOTION ON THAT.

EXECUTIVE SESSION ON THE PREVIOUS MOTION.

RIGHT? YOU ALL WHO? YOU ALL, YOU ALL, YOU ALL A WITHDRAW? I AMEND MY MOTION TO WITHDRAW MY MOTION TO, OKAY.

SECOND, YOU WOULD WITHDRAW YOURS.

NOW WE HAVE A MOTION TO HAVE THIS DISCUSSED IN EXECUTIVE SESSION.

AND SECOND THAT THIS WOULD BE DISCUSS DISCUSSED DOWNSTAIRS IN THE QUESTIONS ON THIS DURING QUESTIONS, WE READY TO VOTE? ALL IN FAVOR OF BRINGING IT DOWNSTAIRS TO VOTE ON.

YOU DON'T HAVE TO, WE HAVE TO VOTE ON THANK YOU.

[VIII.B.(3) P.O. No. 7182– An Ordinance Adding Section 2-53 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It Pertains To Working Meetings (Requested By Councilmember Frank)]

7 1 8 2.

IT IS AN ORDINANCE ADDING SECTION TWO DASH 53 TO CHAPTER TWO, ADMINISTRATION.

ARTICLE TWO, CITY COUNCIL DIVISION TWO, MEETINGS TO THE COURT OF ORDINANCES AS IT PERTAINS TO WORKING MEETINGS REQUESTED BY COUNCIL MEMBER.

FRANK, MAY I GET A MOTION FOR APPROVAL? COUNCILMAN? UH, DOUCETTE.

MAY I GET A SECOND? COUNCILWOMAN BECKER SECOND IS MOVED.

AND SECOND THAT WE WOULD ACCEPT PO NUMBER 7 180 2 AS RED.

WE READ A QUESTION ON THIS.

UM, MAKING A DECISION FOR THE ENTIRETY OF COUNCIL.

UH, COUNCILMAN FRANK, YOU HAD A QUESTION ON THIS? YES.

UM, I'M REALLY, UM, I'M REALLY KIND OF, UH, FEELING, UM, UM, DISTURBED IF TO BRING, UM, SOMETHING OF THIS MAGNITUDE TO, UM, TO THE, TO THIS BODY AND TO SAY, UH, THAT WE COULD NOT, UH, COME TO A SOLUTION, UH, CONCERNING THIS ISSUE.

UH, THIS ISSUE, UH, HAS BEEN TELECAST, UH, ON FACEBOOK.

IT'S BEEN TELECAST ON THE NEWS.

UH, AND IT IS SIMPLY PERTAINING TO WHETHER OR NOT COUNCIL MEMBERS CAN, UH, HAVE A MEAL.

UH, DURING, UM, UH, A MEETING, UH, HERE, UH, AT CITY COUNCIL, UM, UM, IT, THIS HAS BEEN A SITUATION THAT HAS RANGED FROM, UH, CAN HAVE A MEAL.

CAN HAVE A MEAL, ILLEGAL TO HAVE A MEAL, NOT ILLEGAL TO HAVE A MEAL.

UM, AND SO I THOUGHT THAT IN THE, IN THE MIDST OF, UH, BEING COMPLETELY TRANSPARENT THAT WE WOULD, UH, MOVE THIS SITUATION.

UH, AND TALK ABOUT IT ON THIS DAY AND TALK ABOUT IT, UH, AMONGST OURSELVES, UH, AS WELL AS TO OUR COMMUNITY.

UM, WHETHER OR NOT WE CHOOSE TO DO IT AS A BODY, UH, WILL BE UP TO US.

BUT I AM NEVER IN FAVOR OF ONE INDIVIDUAL OR TWO INDIVIDUALS, OR THREE INDIVIDUALS,

[02:15:01]

UM, UM, I THINK THAT THIS DOES NOT ONLY GO SPEAK TO COUNCIL, BUT I THINK IT SPEAKS TO THE ORGANIZATIONS THAT WE, UH, APPOINT INDIVIDUALS TO.

UM, WHEN WE APPOINT INDIVIDUALS TO THE POLICE ADVISORY, UH, COMMITTEE, CAN THEY HAVE SANDWICHES AND A COKE, UH, WHEN WE, WHEN WE, UH, HAVE OTHER ORGANIZATIONS OR THIS, THIS COUNCIL, UM, THESE MEETINGS HAVE LASTED, UH, FROM, UM, NINE O'CLOCK IN THE MORNING.

WE COME AND IN AT NINE START MEETINGS AT NINE 30, AND WE HAVE GONE UNTIL SIX IN THE EVENING WHEN WE WERE DOING BUDGETARY CONSIDERATIONS.

STAFF MISSES THEIR LUNCH PERIOD BECAUSE THEY ARE HERE DURING THE TIME OF OUR MEETING.

UM, UM, AND WE'RE NOT TALKING ABOUT LOBSTER AND SHRIMP.

WE'RE TALKING ABOUT, UH, WE'RE TALKING ABOUT A 10 TO $15 MEAL MEAL THAT IS GIVEN TO, UM, A COUNCIL MEMBER OR TO STAFF, UH, DURING THE TIME THAT WE ARE HERE.

IT DOESN'T HAVE TO BE EVERY MEETING.

IT DOESN'T HAVE TO BE, BUT WHEN IT, IT, WHEN IT HAPPENS, WE HAVE FOUND OUT WE'VE DONE OUR DUE DILIGENCE.

IT IS NOT ILLEGAL.

ONE OF THE COUNCIL MEMBERS HAS COME AND BROUGHT FORTH, UM, BROUGHT FORTH FEDERAL GUIDELINES.

THIS IS A STATE ISSUE, IS WE ARE NOT UNDER FEDERAL GUIDELINES.

WE'RE UNDER STATE GUIDELINES.

AND THERE IS NOTHING THAT IS ILLEGAL.

THERE'S NOTHING THAT PROHIBITS IT FROM HAPPENING.

WE'RE TALKING ABOUT A MEAL, UH, AND I'M, AND I'M, I'M, I'M REALLY KIND OF, UM, FEELING SOME KIND OF WAY IS THE VERNACULAR, UH, THAT WE USE, UH, MANY TIMES, UH, BECAUSE WE ARE A MULTIMILLION DOLLAR CITY AND WE'RE, AND WE'RE HAVING THIS DISCUSSION AT THE DE TALKING ABOUT A 10 TO $15 MEAL THAT HAPPENS TWICE A MONTH.

AND I UNDERSTAND, I UNDERSTAND THAT THERE ARE, YOU KNOW, THAT WE ARE LOOKING AT BUDGETARY CONCERNS AND CONSIDERATIONS, BUT I HAVE SAT ON NUMEROUS BOARDS, UH, AND BEING INVOLVED IN NUMEROUS MEETINGS WHERE THOSE INDIVIDUALS HAD LUNCH PREPARED FOR THEM, WHERE INDIVIDUALS, YOU KNOW, WERE GIVEN LUNCHES.

I DON'T UNDERSTAND WHY IT IS SUCH A GREAT DIFFICULTY, WHY IT IS SUCH A GREAT ISSUE, WHY IT IS SUCH A GREAT CONCERN TO GIVE SOMEONE A $10 LUNCH.

I DON'T UNDERSTAND THAT FOR THE LIFE OF ME, ESPECIALLY WHEN WE'RE TALKING ABOUT MULTIMILLION DOLLAR, UH, A MULTIMILLION DOLLAR CITIES, THE LARGEST PETROCHEMICAL INDUSTRY IN THE, IN THE, IN THE WORLD RESIDES HERE, LNGS, THE NEW, UH, L N G CAPITAL OF, OF THE UNITED STATES OF AMERICA.

BUT WE'RE TALKING ABOUT A 10 TO $15 LUNCH TWICE A MONTH.

AND IF, AND, AND, AND I'M A TAXPAYER, AND SO I HAVE HEARD BOTH SIDES OF IT.

I'VE HEARD INDIVIDUALS WHO ARE AGAINST IT, AND I'VE HEARD INDIVIDUALS WHO ARE FOR IT.

BUT I AM NEVER GOING TO BE IN A POSITION AS A BOARD, AS A COUNCIL MEMBER TO ALLOW ANY ONE PERSON TO DICTATE TO THIS ENTIRETY OF COUNSEL WHAT THEY ARE GOING TO, TO, TO, TO CAUSE, UH, TO BE DONE IN OUR CITY.

ONE OF THE THINGS THAT I'VE HEARD SAID AS WELL IS THAT, WELL, WE, WE HAVE LUNCHES AND, UH, AND WE HAVE LUNCHES AND, AND ALL OF THE LUNCHES ARE NOT EATING WELL.

THEY'RE NOT EATING BECAUSE, BECAUSE THE PEOPLE FEAR RETRIBUTION.

THEY'RE, THEY'RE, THEY'RE, THEY'RE, THEY'RE AFRAID THAT SOMEBODY'S GOING TO SEE 'EM EAT THE LUNCH AND THEN TAKE IT OUT ON THEM.

ALL OF THOSE KINDS OF THINGS ARE HAPPENING AND TRANSPIRING.

THAT'S NOT THE WAY THAT A CITY COUNCIL OUGHT TO BE.

THAT'S NOT THE WAY THAT A LEADER OUGHT TO BEHAVE.

THAT'S NOT THE WAY THAT WE WANT TO BE PERCEIVED AS LEADERS.

AND AS A CITY, AND I'M REALLY, REALLY, I'M ASHAMED.

I'M ASHAMED THAT WE EVEN ARE HAVING TO HAVE THIS DISCUSSION.

WE COULD HAVE TALKED ABOUT THIS AMONGST OURSELVES RATHER THAN DISCUSSING IT OPENLY AND PUBLICLY TO THAT DEGREE.

IT DOESN'T BOTHER ME.

I, I'M, MY, I HAVE A GREAT COOK AT HOME.

AND SO, SO THIS, THIS MEAL IS NOT GOING TO AFFECT ME TO THAT, TO THAT DEGREE, BUT TO THE DEGREE THAT NOW IT'S BECOME, UH, A, A, UH, A, A DIVIDING LINE BETWEEN THE NORTH AND THE SOUTH, BETWEEN THE HATFIELDS AND THE MCCOYS, UH,

[02:20:01]

I, I JUST, I CAN'T DO IT.

BUT IT HAD TO COME TO THIS BECAUSE THAT'S WHERE WE FIND OURSELVES.

AND SO, UM, THAT, THAT'S WHAT I NEEDED TO SAY ABOUT THE SUBJECT.

COUNCIL MEMBER KINLAW OR COUNCIL MEMBERS.

THANK YOU COUNCILMAN DOUCE.

ALRIGHT.

YEP.

WE DIDN'T HAVE TO COME TO THIS POINT, BUT THIS STARTED ABOUT SIX WEEKS AGO.

I PUT THIS ON THE AGENDA, BUT I PUT IT ON AS A DISCUSSION SO THAT WE COULD COME TOGETHER AND UNDERSTAND IT.

AND WHAT I SAID THEN WAS THAT THE CITY CREDIT CARD POLICY DOES NOT ALLOW MILLS TO BE PURCHASED FOR PERSONAL CONSUMPTION.

THE CITY ATTORNEY SAID AT THAT TIME, THAT WAS THE CITY POLICY.

SO IF THAT'S THE CITY POLICY, THEN WE SHOULDN'T BE BUYING THE, WITH THE CREDIT CARDS.

NOW, WHEN WE TALKING ABOUT WHAT ARE WE ENTITLED TO, YOU KNOW, WE, WE, WE RECEIVE SALARIES, WE RECEIVE CO ALLOWANCE, AND WE TALKING ABOUT WE NEED TO HAVE A MEAL PROVIDED TO US AT TAXPAYER'S EXPENSE.

WELL, LET ME TALK ABOUT SOME OF THE THINGS THAT, UH, THAT WAS MENTIONED THAT I DON'T AGREE WITH.

ONE IS THAT WHEN WE START TALKING ABOUT A MULTIMILLION DOLLARS REFINERIES AND ALL OF THIS STUFF IN THE CITY OF PORT ARTHUR, IT HAS NOTHING TO DO WITH SPENDING TAX PAYERS MONEY.

THAT'S THE ISSUE.

WHAT ARE WE USING TAX PAYERS MONEY FOR? THEN? I HEAR 10 TO $15 MEAL.

I SAT AND I SEEN MEALS FROM CHEDDAR'S AND SAWGRASS, AND THE ONLY THING COMES FROM CHEDDAR OR SAWGRASS FOR $15 IS A HOBO MEAL.

THAT'S TWO PICKING WATER.

SO IF WE GONNA PUT IT OUT HERE TO CITIZENS, LET'S TALK FACTS.

I SAID IT VIOLATES THE CREDIT CARD POLICY.

THAT AIN'T MY FEELINGS.

THAT'S A FACT.

IF YOU READ, YOU'LL FIND THAT OUT.

THE MEALS ARE MORE THAN THAT.

I COULD HAVE GOTTEN THE COST THAT HAD BEEN EXPENDED OVER MEALS FOR COUNCIL.

THE OTHER THING IS, THE COUNCIL MEMBERS WHO DO NOT EAT THE MEALS OR ACCEPT THE MILK ARE AFRAID OF RETRIBUTION.

NO, WE'RE NOT AFRAID OF RETRIBUTION.

WE FEEL IT AIN'T RIGHT.

WE FEEL IT'S NOT JUSTIFIABLE.

SO THAT'S WHY WE DON'T DO IT.

AND I LOOK AT THIS PROPOSED ORDINANCE.

I HAVE A PROBLEM WITH THIS ORDINANCE BECAUSE THE ORDINANCE, IN MY OPINION, IS NOT ADDRESSING WHAT THE TOPIC SHOULD HAVE BEEN, WAS WHETHER COUNCIL MEMBERS CAN EAT MEALS OR NOT.

IT, IT DESCRIBES AND TALKS ABOUT SPECIAL EVENTS, YOU KNOW, UH, RECEPTIONS.

WE ALREADY HAVE ALLOWANCES FOR THAT.

AND ABOVE ALL, I HEAR PEOPLE SAY, IT IS NOTHING ILLEGAL.

IF IT'S NOT ILLEGAL, THEN WHY DO WE NEED TO PROPOSE AND APPROVE THIS ORDINANCE? IF NOTHING IS ILLEGAL, LET'S KEEP DOING IT.

WHY DO WE HAVE TO CHANGE IT? SO, YOU KNOW, I'M LIKE, YOU COUNCILMAN FRANK.

I FEEL WE SHOULDN'T HAVE BEEN DISCUSSING THIS, BUT I DIFFER FROM YOU FOR THE FACT THAT I'M NOT GOING TO SAY WE'D HAVE HADFIELD AND MCCOY.

WHAT I'M GONNA SAY IS, WE HAD AN ISSUE THAT ALL OF THE COUNCIL MEMBERS DIDN'T AGREE ON.

SO WE HAVE TO BRING IT TO A VOTE.

AND HOW WE FEEL ABOUT IT IS GOING TO BE BROUGHT TO A VOTE.

AND THAT'S WHAT IT'S ABOUT.

IT'S NOT ABOUT HAVING THIN SKIN.

HEY, IF YOU, IF YOU GET OUT THERE, BE PREPARED.

WHAT'S COMING.

WE DON'T NEED TO GO AFTER WE ARE NOT DIVIDED.

WE HERE TO ESTABLISH SOMETHING.

BUT WHEN YOU MAKE THE COMMENT 10 TO $15 MEAL, THAT'S NOT THE CASE IN THE TIME.

WHEN YOU SAY SIX TO SEVEN HOURS, THERE'S A BASIS FOR BRINGING THIS BEFORE.

NO, THE NORMAL TIME IS PROBABLY GONNA BE FOUR TO FOUR AND A HALF HOURS.

AND IF YOU TALK ABOUT, ABOUT MEAL MEALS FOR STAFF AND, AND US, WELL, FIRST OF ALL, THE STAFF HAVEN'T BEEN EATING NO MEALS SINCE

[02:25:01]

I'VE BEEN HERE.

THERE'S BEEN COUNCIL MEMBERS.

OKAY? AND THEN WHEN WE START TALKING ABOUT THE DIFFERENCE BETWEEN, I SERVED ON COMMITTEES OR IT CLEARLY STATES A SALARIED PERSON.

SO IF A PERSON NOT RECEIVING A SALARY, THERE'S NOTHING SAID THAT THEY CAN'T BE PROVIDED A MEAL OR A SNACK.

IT'S SALARY.

NOW WE GET A SALARY.

YOU MENTIONED I GOT A GREAT COOK AT HOME.

WELL, IF YOU GOT A GREAT COOK AT HOME, THE EVENING MEALS ARE, WE COME AT FOUR O'CLOCK, EAT BEFORE YOU COME TO THE MEETING.

WE CAN, WE AS COUNCIL PEOPLE HAVE THE CONTROL AND OPPORTUNITY TO MAKE THIS RIGHT, TO GET THE MORNING MEETING.

WE START AT NINE 30, IT'S 12.

NOW, AFTER THIS, WE ARE DONE WITH THIS PORTION.

WE GO INTO THE EXECUTIVE SESSION.

NOW, HOW LONG WE STAY THERE IS THE DEPENDENT ON, ON HOW MUCH BUSINESS WE HAVE TO TAKE CARE OF.

BUT AT THE END OF THE DAY, WHY WOULD YOU EXPECT CITIZENS TO BUY A MEAL AT FOUR, A FIVE 30 MEETING? WHEN WE GET HERE AT FOUR O'CLOCK, WE'RE LEAVING OUR HOMES OFF SOMEWHERE.

COMING HERE AT FOUR O'CLOCK.

IF YOU'RE HUNGRY, GET A MEAL.

ABOVE ALL, YOU'RE RECEIVING A SALARY.

WHY CAN'T WE BRING LUNCH? NOTHING STOPS US FROM BRINGING LUNCHES.

NOTHING.

SO, NO, DON'T SAY WE THE HALF FEELING MCC CARD, COUNCILMAN, WE JUST DISAGREE ON THIS AND WE HAVE TO RESOLVE IT.

BUT I'M QUITE SURE, LIKE YOU SAID, YOU'VE HEARD PEOPLE SAY THEY DON'T MIND THE PEOPLE THAT DO MIND.

MOST OF THE PEOPLE THAT I'VE SEEN MIND.

SO, YOU KNOW, I, I JUST, WE'RE NOT DIVIDED.

AND, UH, THEY'RE GONNA BE ISSUES WE DON'T AGREE WITH.

BUT THIS A PROCESS WE HAVE TODAY WHERE WE BRING IT BEFORE COUNCIL AND WE SAY WHAT WE HAVE TO SAY AND THEN WE DECIDE.

AND WHATEVER THIS COUNCIL DECIDE, DECIDE WITH WHAT THE CITIZENS WOULD EXPECT US TO DO, SETTING IN THESE SEATS.

WE HAVE TO GET AWAY FROM WHAT WE DID ALL THIS TIME.

I'VE BEEN ON COUNCIL SINCE 2011 OFF AND ON, AND I SPENT SIX YEARS ON THIS COUNCIL WHEN WE HAD TO GO TO EXTEND IT HOURS.

'CAUSE WE KNEW THE AGENDA GONNA BE LONG DURING THE MORNING MEETING.

WE'VE RECESSED AT LUNCH, NOT PERSONALLY FOR US, BUT WE RECESSED SO THAT THE STAFF WOULD HAVE THE OPPORTUNITY TO GO AND EAT.

THEN WE CAME BACK AND TOOK KISS IT.

THAT'S WHAT WE SIGNED UP FOR.

WHEN WE ASK TO BE ELECTED, WE GET ELECTED AND WE WON'T CHANGE THINGS FOR OUR BENEFIT.

UM, I JUST WANNA CLEAR UP SOMETHING BECAUSE, UM, THERE WAS A STATEMENT MADE ON SOCIAL MEDIA, AND IT'S BEEN REPEATED TODAY ABOUT THE FEAR OF RETRIBUTION.

SO I WOULD LIKE TO CLEAR THAT UP BECAUSE MY NAME WAS BROUGHT INTO IT ON SOCIAL MEDIA.

I'VE, I'VE BEEN IN EXECUTIVE SESSIONS NOW SINCE JULY, AND I'VE WATCHED PLENTY OF PEOPLE EAT THEIR MEALS.

AND I DON'T THINK ANYONE HAS RECEIVED ANY RETRIBUTION FROM ME.

NONE WHATSOEVER.

UH, ALL OF THE CITIZENS THAT HAVE CONTACTED ME IN THE LAST COUPLE OF DAYS ARE AGAINST THE CITIZENS PAYING FOR US TO HAVE A MEAL.

AND I SIDE WITH THEM.

I DON'T THINK THE TAXPAYERS NEED TO PAY FOR US TO HAVE A MEAL.

I BRING MY SNACKS, I BRING MY JUICE, I BRING WHATEVER.

I'VE DONE THAT MY ENTIRE CAREER.

IF I KNOW THAT I'M GONNA BE IN COURT ALL DAY LONG, I BRING MY SNACKS.

I'M ALWAYS PREPARED.

I'VE ASKED, UH, FOR MEALS NOT TO BE PROVIDED FOR ME FROM THE GET-GO.

SO, OKAY.

COUNCILMAN KENMORE.

UH, THANK YOU MAYOR.

UH, , YOU KNOW, I, I'VE LOOKED AT THE FACEBOOK POSTING AND I'VE LOOKED AT THE MEDIA AND I'VE SEEN EXACTLY WHAT WAS SAID ABOUT SOME OF THE COUNCIL MEMBERS.

AND, YOU KNOW, UH, SOME OF THE SITUATIONS WE HAD TO ENDURE WITH THE LAST THREE OR FOUR DAYS OF ABOUT MEALS.

YOU KNOW, WHEN WE TALKING ABOUT THROWING OUR DIRTY LAUNDRY OUT THERE AND PROVIDING A AVENUE OF MEDIA FOR EATING LUNCHES OR DINNERS, I, I DON'T AGREE WITH THAT.

I DON'T THINK IT SHOULD HAVE BEEN HANDLED THIS WAY.

UM, WHEN WE TALK ABOUT SOME OF THE VERBIAGE THAT WAS ALSO STATED ABOUT DRAINAGE, STREETS, GARBAGE LIGHTING, THAT WE NEED TO BE FOCUSING ON THOSE THINGS.

WE'VE NEVER STOPPED DOING THOSE THINGS.

THE DAY-TO-DAY OPERATION IS DONE BY THE CITY MANAGER.

HE'S RESPONSIBLE ENSURING THOSE THINGS THAT ARE BROKEN IN THE CITY OR FIX, THERE'S NO COUNCIL MEMBER UP HERE.

BUT AT THE END OF THE DAY, I WAS WALKING IN THERE, IN HERE TODAY, AND THEY SAID, WELL, WE GONNA BLAME YOU

[02:30:01]

BUT WE ARE SITTING HERE TALKING ABOUT FOOD.

WE ARE DOING BUSINESS FOR THE CITY OF PORT ARTHUR ON TWO OCCASIONS.

THAT'S IT.

I'M NOT A SALARY.

I DON'T RECEIVE A SALARY.

I DON'T RECEIVE A CAR ALLOWANCE.

I DON'T RECEIVE A STIPEND.

SO AM I EXEMPT FROM THAT SITUATION? SO I ASKED A QUESTION, YOU KNOW, I GOT EMAILS, I GOT TEXT MESSAGES, I GOT PHONE CALLS.

SAY, NO, NO, NO, BECAUSE THE PEOPLE WANT IT NOT TO HAPPEN.

BUT WE GOT PROBLEMS WITH DRAINAGE.

WE GOT PROBLEMS WITH YOUR WATER BILLS.

I GOT A DISCONNECTION NOTICE AS WELL LAST WEEK, LAST THURSDAY, I, I EMAILED THE, UH, CITY MANAGER.

HE NEVER RESPONDED BACK TO ME, BUT I GOT CALLS FROM YOU GUYS.

BUT WE ARE SITTING HERE IN A CITY COUNCIL ME MEETING WITH A $200 MILLION BUDGET ABOUT MEALS.

BUT LET'S TALK ABOUT STAYING HERE.

LAST TWO MEETINGS AGO, I WAS HERE, WE GOT HERE AT FOUR O'CLOCK.

WE LEFT HERE AT 10:40 PM IN SIX YEARS.

THAT'S THE LONGEST I'VE EVER BEEN HERE.

WE COME HERE SOMETIMES IN THE MORNING FOR NINE O'CLOCK.

WE DON'T LEAVE UNTIL THREE OR FOUR O'CLOCK.

AND WE ARE HOLDING YOU GUYS HERE NOW, IS THAT FAIR? BUT NOBODY WANNA TALK ABOUT THE TOUGH ISSUES ABOUT STREETS, DRAINAGE, GARBAGE THAT I GET, THE PHONE CALLS THAT I GET THE EMAILS ABOUT, BUT WE TALKING ABOUT MEALS.

SO CITY ATTORNEY IS THIS ILLEGAL ONCE AND FOR ALL.

WE HAD BOTH SIDES THAT WAS ASKED TO YOU.

WE'VE ASKED THIS QUESTION THREE WEEKS AGO, FOUR WEEKS AGO, ARE WE DOING SOMETHING ILLEGAL? ARE WE UNDER THE G S A, WHICH I WAS MILITARY, THAT'S WHAT WE UTILIZED FEDERALLY.

BUT AS A STATE ENTITY, ARE WE DOING SOMETHING THAT'S ILLEGAL? NO.

THAT'S IT.

NO, I'M GONNA CALL FOR THE VOTE.

I'M GONNA CALL.

NO, I KNOW YOU'RE NOT, BUT I'M, I'M, I'M SHARING THE MEETING.

I'M GONNA CALL FOR THE VOTE BECAUSE SHE SAID, SHE JUST SAID IT'S, IT'S, AND, AND, AND, AND, AND, AND ROBERT OF ALL ALLOWED ME TO CALL FOR THE VOTE 'CAUSE I AM CHAIRING THE MEETING.

OKAY? SO AT THIS TIME, FRONT OF ALL, MAYOR, EVEN WITH THE POINT OF ORDER, MAYOR, I'M GONNA CALL OF MA, MAY I SAY SOMETHING? GO RIGHT IN.

UM, WITH ALL DUE RESPECT, WE DO HAVE SOME LIGHTS THAT WERE STILL ON.

AND THE POLICY IN THE CODE OF ORDINANCES DOES ALLOW EVERY MEMBER TO SPEAK.

OKAY? ALSO, ALSO, OKAY, I HAVE NO PROBLEM WITH THAT.

WAIT, LET ME FINISH.

JUST GIMME ONE SECOND.

LIKE I SAID, UH, AND RESPECTFULLY ALSO, UM, I KNOW THERE'S A CITIZEN UP HERE, THE CITIZENS ARE ALLOWED TO SPEAK.

SO, UM, SOMETIMES YOU'RE NOT ALLOWED TO SPEAK TWO OR THREE TIMES, BUT IF THERE IS A LIGHT ON THOSE COUNCIL MEMBERS ARE ALLOWED TO SPEAK.

COUNCIL LEWIS AND THE CITIZENS, THANK YOU.

AND THEN IF YOU HAVE ANY POINT OF CLARIFICATION, I CAN MAKE IT.

I I SAY ONE WORD AND OKAY.

I DO HAVE MORE WORDS.

I'M JUST TRYING TO CONDUCT A MEETING IF NEEDED.

COUNCILMAN LEWIS, GO AHEAD.

MY POSITION IS THIS.

I DRAW A SALARY, I BUY MY MEALS.

I DO NOT HAVE A PROBLEM WITH THE CITY MANAGER IN TRAINING, UH, COMMITTEES, UH, CITIZEN VOLUNTEERING TO WORK AND SERVE THE COMMUNITY TO, TO MAKE IT EASY ON US.

THEY'RE NOT RECEIVING A SALARY.

FEED THEM, YOU KNOW? MM-HMM.

, YOU KNOW, THAT DOESN'T, THAT'S, THAT'S, THAT'S WHAT WE OUGHT TO BE ABOUT.

BUT COUNCIL MEMBERS, NO.

NO.

AND I DON'T WANT TO TELL THE, THE PUBLIC HOW MUCH YOU'RE MAKING A YEAR AND WHAT YOU'RE NETTING AND YOU WANT THEM TO STILL BUY YOUR MEAL FOR TWO MEETINGS A MONTH, TWO MEETINGS A MONTH, AND YOU, AND YOU'RE NETTING OVER $1,200 A MONTH FOR TWO MEETINGS.

WE SHOULDN'T EVEN BE DISCUSSING THIS BECAUSE THIS THING COULD SPILL OVER HERE AND A LOT OF SOME THINGS, OTHER THINGS COULD GET THROWN OUT.

UH, MAYOR PRO TEMP.

PERSONAL USE, AND THAT INCLUDES CITY COUNCIL MEETINGS.

MY QUESTION IS REGARDING THE TWO.

WE HAVE TWO SEPARATE ORDINANCES THAT ARE OPPOSITE OF EACH OTHER.

HOW DOES, WHEN WE VOTE ON THIS FIRST ONE THAT'S BEING CALLED, DOES IT REMOVE OR CHANGE THE ORDINANCE AGAIN FOR THE SECOND ONE THAT'S ON THE AGENDA? NO.

MAY I ANSWER THAT? GO, GO.

I'M SORRY.

I DIDN'T MEAN TO SAY NO WITHOUT BEING RECOGNIZED.

MAY I ANSWER THE QUESTION? OKAY.

THE FIRST ONE, UH, WE WERE ASKED TO PROVIDE, PREPARE AN ORDINANCE THAT, UH, ALLOWS, UH, APPROVAL FOR, UH, REASONABLE COST OF FOOD AND BEVERAGES UNDER CERTAIN CIRCUMSTANCES.

AND THAT'S WHAT'S LISTED IN EXHIBIT A.

SO YOU HAVE A LAUNDRY LIST.

IT DOES INCLUDE COUNCIL MEETINGS, AND, UH, I CAN TALK ABOUT THE OTHER ONE, WHICH IS NOT ON THE FLOOR, BUT, UH, I THINK IT CONNECTS TO YOUR QUESTION WITHOUT JUMPING INTO THE NEXT ONE.

THE NEXT ONE I WAS ASKED THAT IT SAYS THAT THE CITY MUST ADHERE TO THE CREDIT CARD POLICY, WHICH PROHIBITS THE PURCHASE OF MEALS FOR

[02:35:01]

UM, TO GET TO THE NEXT ONE, I THINK WE'D HAVE TO TALK ABOUT THE CREDIT CARD POLICY.

I DON'T KNOW IF Y'ALL WANT TO GET ALL INTO THAT RIGHT NOW, BUT ONE SETS OUT GUIDELINES WHERE YOU ALL AUTHORIZE WHEN FOOD AND BEVERAGES CAN BE INCLUDED, AND IT'S A LONG LIST, AND THAT PUTS A FORMAL POLICY IN PLACE.

AND THEN THE SECOND ONE SPEAKS TO THE USE OF THE CREDIT CARD.

AND THESE ARE THE SPECIFIC REQUESTS THAT WERE MADE BY THE COUNCIL MEMBERS.

SO I FORMALIZED IT IN THE FORM OF ORDINANCE.

I DO WANNA SAY ONE OTHER THING BECAUSE, GO AHEAD.

UH, I KNOW WHERE WE'RE LEADING IN IN TERMS OF ME.

UH, WHEN YOU ASKED ME WAS IT ILLEGAL, THERE'S NO CRIMINAL STATUTE THAT MAKES THIS ILLEGAL.

SO IF THE QUESTION IS THAT IT'S CRIMINALLY UNLAWFUL, THAT IS NO.

AND WE'VE DEALT INTO THAT.

UM, I WOULD LIKE TO YOU TO GIMME A LITTLE LEEWAY TO TRY TO EXPLAIN SOMETHING ELSE WITH, WITH THIS AND WITH OTHER TYPES OF THINGS.

UM, BASICALLY THERE'S A LOT OF, UM, RESEARCH AND PAPERS THAT'S BEEN WRITTEN ABOUT EXPENDING TAXPAYER DOLLARS.

SO WE COULD BE TALKING ABOUT LUNCH, A SIGN, A FLAG, A TV, WHATEVER, AND WHAT THE ATTORNEY GENERAL, THESE QUESTIONS HAVE COME UP WITH OTHER CITIES.

AND JUST GENERALLY SPEAKING ON ANY EXPENDITURE OF PUBLIC FUNDS, WHAT A COURT WILL LOOK AT WHEN WE TALK ABOUT CIVIL 'CAUSE, WE KNOW IT'S NOT CRIMINAL, IS WHETHER ANY EXPENDITURE.

SO WE'RE NOT JUST TALKING ABOUT FOOD, BUT WHEN YOU'RE LOOKING AT SPENDING ANYTHING IN A CIVIL MATTER, WHAT A COURT WILL LOOK AT IS WHETHER IT FACILITATES A PUBLIC PURPOSE.

AND THERE'S A THREE PART TEST TO THAT.

UH, WITHOUT GOING INTO ALL OF THAT, I WON'T GIVE YOU A, A LAW CLASS, BUT THERE'S A THREE PART TEST TO THAT.

BUT BASICALLY, THE LEGISLATURE HAS SAID THAT A COURT, IF A CITY IS REASONABLE AND THE CITY ESTABLISHES THAT THERE'S A PUBLIC PURPOSE TIED TO IT, THEN THEY CAN MAKE AN EXPENDITURE OF FUNDS.

I CAN, I DON'T, I DON'T WANT TO GO INTO A LONG THING, BUT THAT'S ON ANY EXPENDITURE.

SO, UH, THAT'S AT THAT THIS POINT IN TERMS OF ANY TYPE OF, YOU KNOW, IT'S NOT CRIMINAL, BUT, UH, IN, IN MAKING ANY TYPE OF EXPENDITURE, YOU, YOU MAKE THAT CONNECTION THAT THIS AND THE COURTS LEAVE IT UP TO THE CITY COUNCIL, WHICH IS WHY WE HAVE ORDINANCES AND RESOLUTIONS ON THE AGENDA TO DECIDE, UH, WHETHER THERE'S A PUBLIC PURPOSE AND WHETHER IT'S REASONABLE.

AND I THINK THAT'S WHY THAT LANGUAGE WAS PUT IN THERE.

SO IT'S A PUBLIC POLICY DECISION.

UH, YOU CAN HAVE, UH, ANY EXPENDITURE YOU MAKE, IT'S A PUBLIC POLICY DECISION TO BE MADE BY THE LEGISLATIVE BODY, WHICH IS YOU ALL, AND IT'S BASED ON REASONABLENESS.

SO, UM, YOU KNOW, WHAT I ALWAYS ADVISE AS I CLOSE IS THAT ANY DECISION TO EXPEND MONEY IS TEMPERED WITH REASONABLENESS, AND DOES IT HAVE A VALID PUBLIC PURPOSE? AND, UH, THAT'S ALL I WANTED TO STATE.

OKAY? UH, OKAY, MAYOR, THE OTHER PART OF MY COMMENT WAS, FOR THE RECORD, I DON'T CARE WHETHER A LUNCH IS PURCHASED FOR ME OR NOT.

I CAN, I KEEP SNACKS IN MY BAG.

HOWEVER, I DO NOT WANT TO MAKE A DECISION FOR MY COWORKERS WHO FEEL THAT THEY DO DESERVE THAT MEAL.

THE OTHER SIDE TO THAT IS IT'S BEEN STATED THAT WE SPEND HUNDREDS AND THOUSANDS OF DOLLARS ON THESE MEALS PER YEAR.

AND THAT IS NOT TRUE.

THAT IS NOT TRUE AT ALL.

SO, CITY MAYOR, IF IT'S POSSIBLE FOR CITY MANAGER TO ACTUALLY PROVIDE INFORMATION AS TO HOW MUCH ACTUALLY IS SPENT ON MEALS AND STAFF DOES EAT THOSE MEALS, THEY JUST HAVE TO WAIT UNTIL WE'RE DONE AND THEY COME AND PICK 'EM UP AFTER WE ARE FINISHED WITH EXECUTIVE SESSION.

I THINK IT'S MORE THAN FAIR FOR OUR STAFF TO BE ABLE TO BE PROVIDED A MEAL, ESPECIALLY WHEN WE HOLD THEM FOR HOURS AND HOURS AND HOURS.

SHOULD SAY WHETHER PURCHASING THE MEALS FOR PERSONAL CONSUMPTION IS A VIOLATION OF THE POLICY OR IF IT'S NOT.

UM, COUNCILMAN DUCEY, YOU HAVE SOMETHING ELSE? YES.

I WANT TO GET CLARIFICATION FROM THE CITY ATTORNEY.

YOU KNOW, IT'S ALL HOW WE ASK THE QUESTION.

YOU KEEP SAYING, IS IT ILLEGAL? IS IT CRIMINAL? MY POINT THAT I MADE FROM THE FIRST TIME I BROUGHT THIS UP IS THE CREDIT CARD POLICY.

BUT HOLD UP THE CREDIT CARD, THAT'S GONNA BE ON THE NEXT ONE.

NO, SHE JUST CLARIFIED THAT.

NO, NO, NO, NO, NO, NO.

OKAY, WE TALKING ABOUT THIS ORDINANCE.

YOU, YOU MENTIONED THE FACT IS IT LEGAL OR ILLEGAL? THAT THE, THE PROBLEM IS WE HAVE A CREDIT CARD POLICY AND SHE

[02:40:01]

NOW, WE ALSO HAD, HOLD ON, HOLD ON, HOLD ON.

POINT BAR ON THIS ASK.

NO, NO, WAIT JUST A MINUTE.

I'M CHAIRING THE MEETING THAT HAS BEEN ANSWERED, SIR.

SHE, AND, AND WHAT YOU ARE TALKING ABOUT IN NO, IN THE SPECIFICS, AND THIS IS SO WE CAN MOVE THE MEETING ALONG, IS IF IT'S DEALING WITH THE CREDIT CARD ISSUE, THAT WILL BE DISCUSSED IN THIS NEXT ITEM, IN THE NEXT ITEM.

IT'S NOT, IT'S, IT'S GOING TO BE DISCUSSED, COUNCILMAN, AND I'M GOING TO MOVE ON AND CALL POINT OF ORDER NOW, ATTORNEY POINT OF ORDER.

EVEN WITH THE POINT OF ORDER, I'M CHAIRING THE MEETING.

NO, MAYOR, MAYOR, BUT NO, WAIT, MAYOR, YOU RECEIVE A POINT OF ORDER, YOU ENTERTAIN THE POINT OF ORDER.

NOW YOU, SIR, BUT SIR, YOU'RE NOT, I'M GONNA CHAIR A MEETING.

NO, YEAH, BUT I WANT YOU, I'M GONNA RECOGNIZE YOU AND I CHECK NO, NO, BUT WE'RE GONNA MOVE THE MURDER.

NO, YOU'RE NOT GONNA DO IT.

ATTORNEY.

THE, MAY I STATE SOMETHING? GO RIGHT AHEAD.

NO, YOU GO AHEAD.

I'M, THERE WAS A POINT OF ORDER.

SO THAT DECISION NEEDS TO BE MADE.

THAT'S RIGHT ABOUT WHETHER WE'RE GONNA MOVE ON, ON THE POINT OF ORDER.

IF YOU HAVE TO STATE, IF WE ARE OFF SUBJECT, IF WE'RE OFF SUBJECT, WE NEED TO GET IT'S SUBJECT.

OKAY? SO YOU HAVE TO RULE ON WHETHER WE ARE, NOW LET ME, YOU MIGHT NOT LIKE THIS, BUT IF IT'S JERMAINE TO THE ORDINANCE, I CAN ANSWER THE QUESTION.

THERE YOU GO.

AND I, I, IF YOU DON'T MIND, GO, IT'S JERMAINE, GO RIGHT AHEAD THEN THAT TERMINOLOGY IT DOES.

SO LET ME, LET ME JUST, LINDSAY, I SENT YOU AN EMAIL A MINUTE AGO, AND I, I HAVE THE CREDIT CARD POLICY IF YOU CAN PULL IT UP, BECAUSE I THINK WE'RE GONNA GET THERE ANYWAY, WITH ALL DUE RESPECT.

AND LET ME, LET ME READ IT TO YOU WHAT OUR CREDIT CARD POLICY SAYS, BECAUSE ITEM A IS SAYING, HERE'S THE POLICY.

IF YOU WANT TO SPEND MONEY ON FOOD, IT DOESN'T ADDRESS HOW IT'S PAID.

OKAY? THIS IS JUST AUTHORIZING AN EXPENDITURE OF FUNDS.

ITEM B TALKS ABOUT THE CREDIT CARD, BUT I, I THINK THAT THEY, THEY ARE A LITTLE INTERTWINED.

AND JUST TO SAVE TIME, LET ME JUST KIND OF PUT IT TO BED.

ON PAGE 13, I BELIEVE, OF THE CREDIT CARD POLICY.

IT TALKS ABOUT MISUSE OF THE CARD, AND IT SAYS, AND I'LL READ IT, THE CREDIT CARD POLICY REFLECTS THE, UH, CITY'S TRUST IN THE EMPLOYEE AND HIS OR HER EMPOWERMENT AS A RESPONSIBLE EMPLOYEE TO SAFEGUARD AND PROTECT ASSETS.

AND IT TALKS ABOUT CARDHOLDER RESPONSIBILITIES, AND IT TELLS THAT A CARDHOLDER, WHOEVER'S BEEN ISSUED A CARD, IT GIVES THEM GUIDELINES OF HOW THEY USE IT AND HOW THEY MISUSE IT AS IT PERTAINS TO FOOD AND CONNECTING IT TO THIS.

THEY, THEY GIVE SOME EXAMPLES OF, UH, MISUSE OF THE P-CARD.

AND HERE'S AN EXAMPLE.

AND IT SAYS, FOR ILLUSTRATIVE PURPOSES ONLY, UNDER PERSONAL MISUSE, IT SAYS PURCHASES USING THE CARD FOR THE SOLE BENEFIT OF THE EMPLOYEE CLOTHING AND FOOD NOT AUTHORIZED BY THE EMPLOYEE'S DEPARTMENT.

SO LET'S LET, THAT'S, THAT'S THE EXACT WORDING.

NOW, ONE OF THE, THE DIFFICULTIES WE HAVE IS THAT SOMETIMES WE HAVE TO TAKE IN OUR MINDS A STEP FURTHER OF HOW DOES THIS CONNECT TO A PUBLIC POLICY DECISION? AND, YOU KNOW, MAYBE SOME THINGS MAY NEED BETTER DEFINITION, BUT IT TALKS ABOUT THE SOLE BENEFIT OF THE EMPLOYEE CLOTHING AND FOOD NOT AUTHORIZED BY THE DEPARTMENT.

SO IT DOESN'T SAY YOU CAN'T DO IT, BUT IT SAYS IT HAS TO BE AUTHORIZED BY THE DEPARTMENT, BUT IT CAN'T BE FOR THE SOLE BENEFIT.

AND IN, SO IN WEIGHING THIS DECISION, YOU KNOW, WHEN YOU'RE LOOKING AT, AGAIN, WHEN I'M TALKING ABOUT THE EXPENDITURE AND THE PUBLIC POLICY DIS DECISION ABOUT ANY EXPENDITURE, IT GOES BACK TO THE BIG OVERALL THEME ON EVERYTHING.

I USE MY HANDS, I'M SORRY, ABOUT PUBLIC PURPOSE.

AND IF IT'S A PUBLIC PURPOSE AND YOU CAN EXPLAIN WHAT THE PUBLIC PURPOSE IS, THEN YOU ARE AT LIBERTY AS A LEGISLATURE, AS A LEGISLATIVE BODY TO MAKE THAT DECISION.

BUT IF IT'S FOR SOMEBODY'S SOLE BENEFIT, AND IT'S JUST FOR ME, AND IT HAS NO CONNECTION WITH, UH, A PUBLIC PURPOSE, THEN OBVIOUSLY THAT'S WRONG.

IT'S NOT A CRIMINAL OFFENSE.

AND IN A CIVIL, UH, LAWSUIT TYPE SITUATION, A COURT WILL GO WITH WHAT THE LEGISLATURE HAS DECIDED IS A PUBLIC PURPOSE.

THAT AUTHORITY VESTS IN THE COUNCIL.

SO ON ANYTHING, YOU KNOW, YOU HAVE SOLE BENEFIT, THAT MEANS IT HAS NO CONNECTION TO THE CITY.

IT'S JUST FOR ME.

I CAN'T GO OUT AND TAKE THE CARD AND SAY, OH, I'M HUNGRY AND I GO TO POPEYE'S.

THAT'S FOR MY SOLE BENEFIT.

IT HAS NOTHING TO DO WITH MY JOB.

BUT IF ANY EXPENDITURE, BE IT FOOD, CLOTHING, A TABLE, A CHAIR, A MICROPHONE, IF YOU CAN CONNECT IT TO A PUBLIC PURPOSE, THEN COURTS WILL NOT CHALLENGE IT.

AND THEN THE AUTHORITY TO MAKE THAT DECISION IS A PUBLIC POLICY

[02:45:01]

CALL.

YOU GET TO DECIDE HOW YOU WANT TO SPEND YOUR MONEY.

AND, UM, I, I HOPE THAT THAT CLEARS IT UP A LITTLE BIT.

AND THE POLICY IS, UH, UP.

YOU MIGHT WANNA MAKE IT BIGGER.

IT IS, UH, PAGE 13, LINDSEY LINDSEY'S A, LET'S SEE.

IT'S UNDER MISUSE.

THERE IT IS.

AND THAT'S THE ONLY LINE OF ANYTHING WE HAVE THAT SAYS THAT.

AND YOU KNOW, YOU ALL GET TO DETERMINE WHAT THE SOLE BENEFIT IS, AND IF A TAXPAYER OR A PERSON DOESN'T AGREE WITH IT, THEY CAN ALWAYS CHALLENGE IT.

UH, COUNCILMAN FRANK? YES, SIR.

UM, I OPERATE, I OPERATE, UM, ON A HIGHER STANDARD.

AND THAT STANDARD SAYS THAT IF EATING MEAT, AND THAT'S NOT A PUN, OFFENDS MY BROTHER, I WON'T EAT MEAT.

AND SO, UM, I'LL PULL THIS AND NOT, UM, AND NOT, UH, VOTE, UH, FOR MEALS.

I'LL, I'LL PULL IT AND WE WON'T, WE WON'T ORDER MEALS.

IT'S NOT THAT IT'S NOT THAT BIG, IT'S NOT THAT BIG A DEAL FOR ME.

IF IT OFFENDS MY, IF, IF, IF WE ARE AT THAT POINT, UM, IT'S NOT THAT GREAT, IT'S NOT THAT GREATER THAN .

OKAY, LET'S CALL FOR THE VOTE THEN.

LET'S CALL, LET'S CALL FOR THE VOTE.

BE AND BE THROUGH WITH IT.

YOU DO HAVE TWO CITIZENS.

TAKE YOUR NAME AND YOUR ADDRESS PLEASE.

THEY ARE ALLOWED TO SPEAK.

NO, GO AHEAD.

UH, MY NAME IS YARI CARDENA AND I LIVE ON 2124 WOODROW DRIVE HERE IN PORT ARTHUR.

AND I JUST, UH, THINK WE JUST PASSED A BUDGET NOT SO LONG AGO.

SO WHY IS THIS BEING, UH, A DISCUSSION DURING A MEETING OR PUT ON THE AGENDA? MAYBE WE COULD'VE DISCUSSED IT AS PART OF THE BUDGET PROCESS AND, AND INCLUDED THERE AND NOT MAKE IT THIS FAR.

I THINK THAT'S WHERE YOU, YOU KNOW, YOU SHOULD BE, UH, DISCUSSING THIS TYPE OF, UH, POLICIES I THINK, OR, YOU KNOW, BECAUSE IF IT'S NOT ON THE BUDGET, WE CANNOT SPEND IT.

BUT IF THERE'S MONEY ALLOWED FOR THE BUDGET AND IT'S THERE AND IT'S BEING SPENT AND USED, YOU KNOW, MAYBE WE SHOULD QUESTION WHEN WE IN THE PROCESS AND PAYING MORE ATTENTION WHEN WE ARE ELABORATING THE BUDGET AND WHAT GOES ON THE BUDGET WAS ALLOWED, WHAT IS NOT ALLOWED.

SO WE WOULDN'T HAVE THESE ISSUES AND WE WILL DISCUSS MORE IMPORTANT ISSUES AND IT WOULDN'T BE A BIG ISSUE FOR NOBODY IF WE TAKE CARE OF IT, YOU KNOW, WHERE IT NEEDS TO BE TAKEN CARE OF.

AND REGARDING, UH, BOARDS, I SERVE ON DIFFERENT BOARDS AND YES, FOOD IS PROVIDED, BUT IT'S BECAUSE WE'RE NOT RECEIVING, UH, PAID FOR IT.

IT'S A VOLUNTEER JOB.

AND MY OTHER CONCERN IS, WHAT I HEARD FROM THE COMMENTS IS THAT EMPLOYEES DON'T GET THIS BENEFIT.

SO WE HAVE EMPLOYEES HERE THAT SIT HERE FOR LIKE SEVEN, EIGHT HOURS AS WELL, BUT IT ONLY SPECIFICALLY PROVIDED FOR COUNCILMEN.

THAT'S NOT TRUE.

NO.

INDUSTRY, UH, 200 MILLION BUDGET, AND OUR STREETS CONTINUE TO BE IN SUCH A HORRIBLE PROBLEM.

WELL THAT I WAS UNDER THE IMPRESSION THAT IT WAS JUST FOR THE COUNCILMEN.

SO, UM, I THINK WE NEED TO THINK, UH, TWICE WHEN WE WORK ON OUR BUDGET AND DISCUSS THESE DECISIONS.

AND, UH, WHEN WE ASKING THE CITIZENS OF PUERTO TO PUT A HIGHER BILL ON A, A WATER BILL, UH, I THINK, YOU KNOW, UH, WE HAVE TO THINK ABOUT, UH, CUTTING COSTS.

AND IF WE EVER ASK OUR CITY MANAGER TO CUT COSTS AND THE EMPLOYEES OF THE CITY OF PUERTO ARTHUR AND THEIR DIFFERENT DEPARTMENTS, DO WE EVER ASK THEM TO CUT COSTS WHEN WE ARE PREPARING THE BUDGETS AND IF WE ASK THEM TO CUT COSTS, UH, MAYBE AS COUNCILMAN, WE ALSO NEED TO MAKE THAT CONSIDERATION, YOU KNOW, WHERE WE CAN ALSO, UM, CUT COSTS.

AND IF THIS IS SOMETHING WHERE WE CAN CUT COSTS, WE SHOULD DO IT.

UH, AND IF WE EXPECT OUR EMPLOYEES THROUGHOUT OUR CITY TO DO THAT.

BUT LOOKING AT THE BUDGET, OUR BUDGET SEEMS TO INCREASE.

OUR EXPENDITURES SEEM TO BE INCREASING EVERY YEAR.

SO WE NEED TO START THINKING ABOUT WHERE WE CAN SAVE MONEY AND WHEN WE MAKE DECISIONS ABOUT CITIZENS HAVING TO PAY MORE FOR SERVICES AND WE NEED TO START THINKING, I THINK THAT'S WHAT'S ANGER SOME OF OUR CITIZENS.

AND TO SAY THAT WE LIVE IN A 200 MULTIMILLION, UH, SURROUNDED BY ALL THIS MULTIMILLION

[02:50:01]

WE CONTINUE TO SEE ALL THESE WATER LEAKS.

WE CONTINUE TO FACE ISSUES WITH OUR WATER DEPARTMENT.

IF IT'S NOT THE WATER DEPARTMENT, EH, IS A TRASH GARBAGE EVERYWHERE.

UH, I INVITE ALL THE COUNCILMEN, INCLUDING THE MAYOR, TO PLEASE, UH, DRIVE AROUND MY DISTRICT, WHICH IS DISTRICT TWO.

WE HAVE A HUGE PROBLEM IN DISTRICT TWO WHERE THERE'S TRASH GARBAGE, UM, CARS PARK ON EVERYWHERE.

UM, WE HAVE SO MANY ISSUES AND WE NEED TO START FOCUSING ON THAT INSTEAD.

BUT WE CAN'T KEEP WASTING OUR TIME AND, AND THESE ISSUES WHEN IT SHOULD HAVE BEEN RESOLVED DURING THE BUDGET PROCESS.

OKAY, THANK YOU.

GLORIA SANCHEZ, 6 6 2 5 JADE AVENUE.

I WOULD LIKE TO CLARIFY SOME THINGS.

FIRST THING I DON'T THINK, I THINK THE CUSTOMER, FRANK CAN HAVE A MEAL, BUT HE CAN BRING HIS OWN LUNCH.

I THINK IT'S GONNA BE BETTER FOR EVERYBODY TO, HE CAN DO THAT.

HE HAS, HE SAID HE HAS A WONDERFUL COOKER THAT MEAN HE WILL JUDGE MORE FOOD.

AND UM, ANOTHER THING FOR COUNCILMAN , WE HAVE THE SALARY FOR ALL THE COUNCILS IS ON ONE OF YOU DECIDE DON'T TO TAKE IT.

WELL, IT'S A DIFFERENT REASONS, YOU KNOW, I DON'T KNOW WHAT IS ESPECIALLY YOUR REASON, BUT YOU DECIDE NOT TO TAKE IT.

IT'S THERE.

ANOTHER THING IT IS EVERYBODY'S TALKING ABOUT, WE SPEND $200 MILLION A YEAR ON A CITY BUDGET, BUT THE PROBLEM IS WE DON'T HAVE ENOUGH MONEY TO ACTUALLY DO MAINTENANCE IN OUR PIPE THAT YOU JUST INCREASE WATER ON CITIZENS BECAUSE IT WASN'T ENOUGH MONEY TO COVER THAT.

AND THAT'S MEAN EVEN THOUGH WE HAVE $2 MILLION A YEAR IS NOT ENOUGH MONEY TO REPAIR ALL THE THINGS THAT NEED TO BE REPAIRED.

AND YES, WE BLAME CONSULS BECAUSE EVEN THE CONS DON'T DO THE JOB.

A CITY MANAGER JOB, YOU ARE ON TOP OF THE CITY MANAGER AND IT LOOKS TO ME A CITY MANAGER IS NOT DOING GOOD JOB.

YOU ARE RESPONSIBLE FOR THAT, FOR THAT REASON.

WE JUST CAN'T BLAME CONS ON THAT ONE.

AND IT'S THE WAY IT IS.

IT'S NO OTHER WAY.

AND THAT'S MEAN IF YOU ASK ME, I'M AGAINST YOU.

SPEND MONEY AND FOOD FOR FOR LUNCH.

YOU CAN BRING YOUR LUNCH AND EVERYBODY CAN.

AND AGAIN, I HAD BEEN REQUEST FEW TIMES BEFORE, WE NEED TO START THINKING AND DECREASE EXPENSES.

WE NEED MONEY.

WE NEED TO HAVE MONEY READY.

WE CANNOT CONTINUE JUST ASKING FOR LOANS FOR DO THE THINGS THAT WE NEED TO DO OURSELVES.

GOOD EVENING, MAYOR.

GOOD AFTERNOON COUNCIL.

I JUST WANT TO GIVE YOU, STATE YOUR NAME FIRST.

OH AND YOUR ADDRESS.

STATE YOUR NAME AND YOUR ADDRESS FIRST.

CAN YOU GIVE ME, YEAH, BUT STATE YOUR NAME AND YOUR ADDRESS FIRST.

OH, REGINAL TRAINER, 35 14 12TH STREET ACTIVIST IN THE CITY.

A BEAUTIFUL PORT ARTHUR.

AS I LOOK UP HERE, I JUST HAVE TO PULL BACK 'CAUSE I REALLY CAME FOR THE WRONG REASON.

BUT I COMPLIMENT YOU FOR STEPPING UP TO THE PLATE BECAUSE WOW, THIS WAS VERY UNCALLED FOR.

IT REALLY WAS.

YOU'RE TOO INTELLIGENT FOR THAT.

WORRIED ABOUT A MEAL.

COME ON DUDE, COME ON.

I'M ON A LOT OF AUXILIARIES.

AND HE MENTIONED ONE OF THE CHIEF ADVISORY BOARD.

CHIEF MIGHT NOT LIKE IT.

I CAN'T EVEN GET WATER.

I BRING MY OWN GAS.

I GO TO PLEDGE ISLAND.

I DO A WHOLE LOT IN THE CITY.

I DON'T ASK NOBODY FOR NOTHING BECAUSE I CHOSE TO DO THAT.

YOU SEE WHAT I'M SAYING? NOBODY FORCED ME TO DO THAT.

WHEN YOU RAN FOR AN OFFICE, YOU TOLD US THAT HEY, YOU WAS REPRESENTING US AND WE LOOK FORWARD TO THAT.

SO WHEN YOU TALK ABOUT A 10 OR $15 MEAL, I CARE ASK TO BE TRUTHFULLY HONEST WITH YOU.

ALL I WANT YOU TO DO IS GET THE JOB DONE.

BUT IF IT'S A PROBLEM, THEN WE NEED TO BACK UP AND LEAVE THAT ALONE BECAUSE ALL Y'ALL THAT LOOK HEALTHY, I DON'T SEE NOBODY LOOK LIKE THEY MEAL ATTRITION.

EVERYBODY.

GUYS, WE ARE A BETTER CITY MAYOR.

WE ARE A BETTER TEAM WHEN WE WORK TOGETHER.

A TEXAS MUNICIPAL OFFICER, ELECTED OFFICIAL, UH, IN THE STATE OF TEXAS FOR EIGHT YEARS, APPOINTED 11 YEARS HAVE SET ON STATE AND NATIONAL, UH, BOARDS.

UH, MY NAME IS REVEREND DR.

SIMEON QUEEN 9 24 SOUTH WIND, PORT ARTHUR, TEXAS.

UH, AND, UH, TO SEE THIS ON THE AGENDA IS DISHEARTENING.

UH, I MYSELF HAVE SERVED, UH, AS

[02:55:01]

UH, THIS IS NOT AN ISSUE IN THE MECHANICS OF POLITICS.

UH, NORMALLY WHEN YOU TALK ABOUT, UH, DISPERSING OF FUNDS FOR FOOD, FOR ELECTED OFFICIALS, IT IS A NORMAL COMPONENT BECAUSE IT IS FOR THE WHEREWITHAL THAT YOU MAKE A HEALTHY VOTE IN THE MIDST OF WHERE YOU ARE.

UH, APPLES AND ORANGES SAYS THAT IF YOU GO DOWN THE STREET FOR A CONFERENCE, UH, YOU'RE GOING TO GET PER DIEM, YOU'RE GOING TO GET A MEAL, UH, AUTOMATICALLY.

AND THAT MAY BE FOR AN HOUR.

SO WE'RE TALKING ABOUT YOU GUYS WHO ARE SERVING FOR SIX TO EIGHT HOURS.

UH, NORMALLY IN THE MECHANICS OF PER DIEM, YOU WOULD GET TWO, TWO MEALS.

UH, SO, UH, I DON'T SEE THE, THE PROBLEM, UH, AS A CITIZEN SOME MAY.

UH, BUT THE POINT IS, UH, I THINK IT'S DISHEARTENING, ESPECIALLY FOR SOME, UH, WHO HAVE SAID THAT I'M GOING TO GIVE BACK TO THE CITY, UH, WHATEVER THE SALARY IS.

UH, AND TO PUSH FORWARD AND IN THE MIDST OF DOING THE CITY'S BUSINESS, UH, TO HAVE ARGUMENTS OVER A MEAL, UH, IS SIMPLY DISHEARTENING.

AND THAT'S MY COMMENT.

OKAY, THANK YOU FOR YOUR COMMENTS.

GOOD AFTERNOON NOW.

GOOD AFTERNOON, COUNSEL.

I'M DR.

ROSALYN, QUEEN 2 2 9 4 BAYOU DRIVE, FORT ARTHUR, TEXAS.

I ONLY HAVE ONE REAL QUESTION ABOUT THIS WHOLE ISSUE WHEN IT COMES TO THE MEAL AND I WOULD LIKE TO ADDRESS IT TO THE INDIVIDUAL COUNCIL MEMBER WHO BROUGHT THIS ORDINANCE PROPOSAL.

AND MY QUESTION IS TO COUNCIL MEMBER, FRANK, WHY, WHY SHOULD WE AS CITIZENS PAY FOR YOUR MEALS WHEN THE AVERAGE SALARY OF A COUNCIL MEMBER IN THE CITY OF PORT ARTHUR IS 3000? I'M SORRY, $36,290.

THIS IS THE MEDIUM AMOUNT OF THE SALARY.

NOW GOOGLE IT.

IF YOU DON'T BELIEVE ME, I DON'T KNOW WHAT THEY'RE PUTTING ON GOOGLE AS FAR AS THE SALARY.

HOWEVER, PORT ARTHUR COUNCIL MEMBERS, IF YOU'RE NOT MAKING THAT AMOUNT OF MONEY, YOU WANT US TO STILL PAY FOR YOUR FOOD.

EVEN IF YOU WERE MAKING A THOUSAND DOLLARS A MONTH, THAT'S STILL ENOUGH MONEY FOR YOU TO GET YOUR OWN FOOD.

LIKE YOU SAID, YOU HAVE A GOOD COOK AT HOME.

I DO.

COUNCILMAN FRANK, PLEASE.

, DON'T RESPOND.

DON'T RESPOND.

TURN YOUR LAND OFF, PLEASE, SIR.

I DID ADDRESS THE QUESTION TO HIM.

THAT'S WHY IT'S RHETORICAL.

IT'S OKAY.

I JUST WANT TO MAKE SURE THAT MY QUESTION WAS ADDRESSED AND I THINK I UNDERSTAND WHERE HE'S COMING FROM.

I UNDERSTAND WHERE HE'S COMING FROM, BUT I'M IN SEVERAL ORGANIZATIONS, SEVERAL BOARDS, AND WE PAY FOR OUR FOOD IF WE WANT TO EAT.

THANK YOU FOR YOUR COMMENTS.

GOOD EVENING, MS. JONES JONES.

I WOULD LIKE TO SAY THE MONEY THAT YOU CHARGE FOR FOOD, UM, I WOULD LIKE TO SEE THAT MONEY GO TO THE EMPLOYEES AND THE CITY WORKERS.

I THINK THAT COULD BE, THAT MONEY COULD BE USED, UH, MUCH MORE AND, AND USED FOR THE BENEFIT OF THE CITIZENS IN A, IN A WAY THAT WE COULD HELP THEM.

YOUR FOOD, WE PAY YOU.

WHEN WE HIRED YOU, WE HAD NO, WE HAD NOTHING IN THE CONTRACT OF SAYING THAT WE WILL FEED YOU UP.

I UNDERSTAND THAT YOU ALL MIGHT WOULD NEED FOOD BECAUSE I'M WITH THE PORT ARTHUR POLICE, UH, DIVISION WE GO OVER, A LOT OF TIMES WE DON'T EVEN GET WATER.

'CAUSE WE QUESTION SOME OF THE, UH, CONS ABOUT IT.

I THINK, UH, KEN LAW, WE QUESTIONED THEM ABOUT IT.

WE GOT NOTHING IN RE IN RETURN ABOUT IT.

THEY SAID WE WERE INDIVIDUALS, WE WERE ON OUR OWN, WE WERE VOLUNTEERS.

SO I UNDERSTAND YOU, BUT DUE TO THE FACT OF THE THINGS THAT WE, THE CITIZENS BEEN THROUGH WITH THE WATER, THE, UH, AND, AND GOING UP ON EVERYTHING, WE FEEL THE PAIN OUT HERE.

WE JUST CAN'T GIVE ANYMORE.

SO THANK YOU.

THANK YOU FOR YOUR COMMENTS.

UH, UH, MAYOR PROTE, YOUR LIGHT WAS ON.

YES SIR.

WE ABLE TO, TO VOTE ON THAT? YOU SAID MAKE A MOTION IN A SECOND? YEAH, THAT WAS, THAT, THAT WASN'T, UH, WASN'T HE, HE MADE A STATEMENT FOR A MOVE.

UM, I APPRECIATE ALL THE COMMENTS FROM THE CITIZENS, BUT PRIOR TO THAT IT WAS ASKED TO BE REMOVED, SO IT'S A MUTE POINT.

SO CAN ARE

[03:00:01]

UH, WE NEED A MOTION IN A SECOND.

BEG WHAT? I DON'T MIND.

ARE YOU OKAY IF I GO AHEAD AND MAKE THE MOTION? I DO, I DO MIND.

ALRIGHT.

UH, WE'LL VOTE AND THEN WE, WE WILL BE DONE WITH THIS.

EITHER IS EITHER WAY.

SO I, I'LL BE IN THE UPPER LAW.

I'M GONNA CALL FOR THE VOTE.

ALL IN FAVOR? OH, I HAD A MOTION TO PUT IT ON THE FLOOR, DIDN'T IT? YES.

SO I GOT A MOTION THAT WAS QUESTIONED.

ROLL CALL, VOTE THEN IF, OKAY.

AND EXPLAIN IF YOU VOTE YES, THAT MEANS THAT YOU WILL HAVE IT.

YOU VOTE NO YOU WON'T.

AM I CORRECT? ATTORNEY? OKAY.

THIS IS CLARIFICATION.

NEXT ITEM IS, UH, PO NUMBER 7 180 3.

COUNCIL MEMBER BECKHAM? NO.

COUNCIL MEMBER DEUCE? NO.

COUNCIL MEMBER.

FRANK? NO.

COUNCIL MEMBER MAYOR PROTE HAMILTON.

I'M CONFUSED ON THE VOTE.

I THOUGHT THIS IS FOR REMOVAL, RIGHT? NO, WE DID, WE DID NOT GET A SECOND FOR THE MOTION TO REMOVE.

THIS IS FOR YES, WE SIDE MEALS.

COUNCIL MEMBER LEWIS? NO.

MAYOR BARTEE? YES.

THE MEASURE FAILS.

OKAY, LET'S MOVE TO THE NEXT ITEM.

[VIII.B.(4) P.O. No. 7183– An Ordinance Adding Section 2-54 To Chapter 2 (Administration), Article II (City Council), Division 2 (Meetings) To The Code Of Ordinances As It Pertains To A Prohibition Of Purchasing Meals For Personal Use (Requested By Councilmember Doucet)]

IT'S AN ORDINANCE ADDING SECTION TWO DASH 5 4 2 CHAPTER TWO, ADMINISTRATION ARTICLE TWO, CITY COUNCIL DIVISION TWO MEETINGS TO THE, EXCUSE ME, CODE OF ORDINANCES THAT AS IT PERTAINS TO A PROHIBITION OF PURCHASING MEALS FOR PERSONAL USE, REQUESTED BY COUNCIL MEMBER DEUCE MIGHT GET A MOTION FOR APPROVAL.

UH, COUNCILMAN KINLOCK.

MAY I GET A SECOND? COUNCILMAN FRANK? NO.

MAY I GET A SECOND? UH, COUNCILMAN LEWIS SECOND.

IT'S BEEN MOVED.

AND SECOND THAT WE WOULD, UH, APPROVE PO NUMBER 7 1 8 3.

WE'RE READY FOR QUESTION.

COUNCILMAN DEUCE? YES.

I'D LIKE TO MAKE A MOTION THAT THE ITEM BE REMOVED.

SO ON THE MOTIONS THAT WAS JUST PREVIOUSLY DONE, WOULD YOU ALL WITHDRAW COUNCILMAN UH, KEN LAW AND COUNCILMAN LEWIS? THE WAY YOU DO IT? YES, THE WITHDRAW.

YOU WITHDRAW.

WITHDRAW? YEAH.

AM I CORRECT ON THAT? YEAH.

NO SIR.

YOU MAKE YOUR PARDON.

YOU ARE RIGHT.

WHAT YEAR WAS TRYING TO HELP? I IT WOULD, IF IT PLEASES THE COUNCIL, IT WOULD BE MORE CLEAR IN MY DOCUMENTATION OF THE MEETING IF WE HAD A SECOND FOR REMOVING THE ITEM AND A VOTE, PLEASE.

YEAH, I THINK I DID.

NO, THIS IS FOR REMOVAL.

I DIDN'T GET IT.

I THOUGHT I DID IT NOVEMBER, MAY 2ND.

IT, THE MOTION WAS MADE BY COUNCIL MEMBER DOUCETTE.

DID HE SECOND? YEAH.

AND YOU JUST CALLED FOR THE VOTE? YEAH, HE, UH, MR. OH, MAY I, I DON'T THINK YOU HAD YOUR MIC ON SO SHE DIDN'T HEAR YOU.

WELL, I DIDN'T HEAR ME.

I'M SORRY.

YEAH, THE MIC WASN'T ON.