HomeMy WebLinkAboutJANUARY 15, 2008 REGULAR MEETINGREGULAR MEETING -JANUARY 15, 2008
Y. INVOCATION, PLEDGE & ROLL CALL
Councilmember Chatman gave the invocation followed with the pledge to the flag.
The City Council of the City of Port Arthur met in Regular Session on Tuesday, January
15, 2008 at 5:42 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Deloris "Bobbie" Prince; Mayor Pro Tem Michael "Shane"
Sinegal; Councilmembers Jack Chatman, Jr., Cal Jones, Thomas J. Henderson, Martin
Flood, John Beard, Jr., Robert "Bob" Williamson and Willie "Bae" Lewis, Jr.; City
Manager Steve Fitzgibbons, Acting City Secretary Terri Hanks, City Attorney Mark T.
Sokolow and Sergeant At Arms Police Chief Mark Blanton.
II. PROCLAMATIONS & MINUTES
Proclamations -None
Minutes
December 04, 2007 Regular Meeting
Upon the motion of Councilmember Henderson, seconded by Councilmember Flood and
carried unanimously, the City Council approved the above-mentioned minutes.
December 11, 2007 Special Meeting
Upon the motion of Councilmember Chatman, seconded by Councilmember Jones and
carried unanimously, the City Council approved the above-mentioned minutes.
December 18, 2007 Special Meeting
Upon the motion of Councilmember Flood, seconded by Councilmember Williamson .and
carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Presentations
(i) Presentation By Doris Gill On Proposed YAC Council
Members For 2008 And 2009 Term
Administrative Assistant to the City Manager Doris Gill appeared before the City Council
to introduce the following 2008 and 2009 Port Arthur Youth Advisory Council
nominations:
Zachary Posey, Jr
Ryya Young
Taryn Ellies
O(enya Tabb
Ronald Richmond
Javon Brown
Morgan Woods
Jamie Boyden
Roger Thompson
Victor )ones
Megan Miller
Terynie Victor
Raven Adams
926 East 19~' Street Port Arthur, Texas
5621 Charles Avenue Port Arthur, Texas
510 Neches Avenue Port Arthur, Texas
224 East 15"' Street Port Arthur, Texas
1247 DeQueen Boulevard Port Arthur, Texas
2124 58"' Street Port Arthur, Texas
4444 Griffing Drive Port Arthur, Texas
3332 Sixth Street Port Arthur, Texas
825 Saint Augustine Port Arthur, Texas
3838 Touraine Port Arthur, Texas
1500 Stilwell Boulevard Port Arthur, Texas
1237 West Fifth Street Port Arthur, Texas
1032 West Fifth Street Port Arthur, Texas
(2) Presentation By Dr. Sean E. Franklin, On Use Of City Facility
For Substance Abuse Program
Dr. Sean E. Franklin, 590 East Virginia Street, Beaumont, Texas appeared before the
City Council to request consideration in establishing a Substance Abuse Treatment
Center at the Port Arthur Health Department.
The City Manager discussed the Health Department's Social Services Block Grant
funding for drug abuse treatment services.
Mayor Pro Tem Sinegal requested that an audience member appear before the City
Council
Mr. Robert Turner, Austin, Texas, (formerly Beaumont, Texas) appeared before the City
Council to announce that a Youth Foundation Program will be held on Saturday,
January 19, 2008, to address alcohol and drug rehabilitation issues for sixteen to
twenty-five year age groups.
Health Department Director Yoshi Alexander appeared before the City Council to state
that the proposed treatment facility would assist the Health Department with meeting
the requirements of the Social Services Block Grants objectives. The Health
Department Director addressed the needs of a substance abuse treatment program that
would include medication management and psychotherapy services.
(3) Presentation By Melvin White On Digital Workforce
Academy
Digital Workforce Academy Founder, Melvin White, 809 Windsor Hill, Flugerville, Texas
appeared before the City Council to comment on providing employment services. Mr.
White stated that the Digital Workforce Academy, in partnership with the Texas Work
Force Commission, is an agency designed to assist citizens with prospective industrial
employment. He stated that the Digital Workforce Academy provides various craftsman
skills training and testing, job placement services, and substance abuse counseling.
Mayor Pro Tem Sinegal requested that the following statement by Mr. White be made a
part of the record:
The Digital Workforce Academy is located within the Texas Workforce
Center facility at 3901 Twin City Highway, Port Arthur, Texas. When you
are at the Texas Workforce Center ask for the "Golden Triangle
Empowerment Center" or Office Manager Mary Roberts.
Applications are also available at 710 Stilwell, Port Arthur, Texas, (on the
corner of Seventh Street and Stilwell). Training classes will begin January
21, 2008 and will be held Monday through Thursday evenings from 6:30
p.m. to 9:30 p.m. The phone number is (409) 984-2544.
(4) Presentation By Morris Carter Representing Industry Of
Golden Triangle On Emissions Reduction Report And Bob
Dickinson Of South East Texas Regional Planning
Commission On Air Quality Status
Councilmember Beard requested that the following presentations be made a part of the
record:
Mayor, if it would please the Council, I have a preface and introduction to
these two gentlemen.
Manor:
Okay. Let us have your name and address.
City Council Minutes
Regular Meeting -January 15, 2008 2
Joe Arnold•
My name is Joe Arnold, 3166 Gardenville, Port Neches, Texas.
Here tonight is Chairman of STIPRA, Southeast Texas Industrial Public
Relations Association. We are the public relations arm of the Southeast
Texas Plant Managers Forum who oversees industry of the Golden
Triangle.
You will hear two reports tonight and these reports are good news. We
are here tonight to bring more good news and build on the written reports
that you have heard so far tonight. To give you an idea of where these
reports are coming from, we wanted to make sure that you understand
that we were not giving these reports on individual companies; but the
first report you will hear tonight, from Morris Carter, is from the Industry
of the Golden Triangle representing over fifty member companies in
Hardin, Jefferson and Orange Counties. Together these companies
employ more than 20,000 people in Southeast Texas. They buy goods and
services, and they pay taxes totaling more than $2.3 Billion annually. The
report that you will hear tonight, from him, is from data that has been
collected from the member companies that participated. And, he will get
into this in just a moment and show his presentation; but, it is good news
about emissions reduction in Southeast Texas.
The second report tonight, the second speaker, actually works for you; he
is Bob Dickenson from the Southeast Texas Regional Planning
Commission. The Southwest Regional Planning Commission is a voluntary
association, as you well know, Councils of Government from Southeast
Texas. And, Bob, is going to give you a status of air quality in Southeast
Texas tonight.
So our first speaker tonight is Morris Carter representing industry of the
Golden Triangle:
Presentation By Morris Carter Representing Industry Of Golden
Triangle On Emissions Reduction Report
Mayor:
Name and address, Mr. Carter.
Southeast Texas Industrial Public Relations Association fSTIPRAI
Chairman Morris Carter:
I am Morris Carter and I reside at 8324 Chimney Rock Court in Port
Arthur.
Tonight, I would like to talk about a report that has been compiled; and it
is one of a series of reports that have been updated over several years.
Now to try to track the performance of the aggregate of all the major
industries in the Golden Triangle, it is the environmental performance. It
is something that is very important to us, Southeast Plant Managers
Forum, as Joe mentioned, represents an organization called the Industry
of the Golden Triangle. That organization and its member companies put
together this report. What we did was collect data concerning
environmental emission and environmental performance projects that
have been completed towards environmental improvement; and even
projects that are planned, that are still planned to do, and yet to be
implemented out in the future.
We tried to take a look about five years into the future. We did this
report to see how much more improvement could be accomplished. About
30 plants participated in this survey that we did, and the data that went
into this report. And those 30 plants represent 87% of the entire TCEQ's
emissions, points for submissions database, for the three county areas. I
City Council Minutes
Regular Meeting -January 15, 2008
3
think that it is important to know; because the trends that you will see
develop over the years.. Based on this data,. we feel like it is truly
representative of the actual trends in the area.
January,2008
e y
Survey Data Soutc
The next slide, I want to show you, is just a list of the companies that did
participate in the study. From your hand out, you can scan that and quickly
see it is the majority of, certainly virtually all of, the major operating
plants. Not only chemical plants, but some power producers, electrical
power producers. We have an open paper mill included in this mix, as well
as, a steel company.
This is the first trend that we looked at emissions with oxides and nitrogen
which is one of the products of combustion. Now all, but many of these
plants, burn fossil fuels and other types of fuels in their operations, and
one of the products of combustion would be oxide to nitrogen. Oxide and
nitrogen involves an organic compound of two of the primary substances
that form ozone or urban smog. So those are two, this is one of the two
very important pollutants, air pollutants if you will, that have been targeted
for reduction over many years.
City Council Minutes
Regular Meeting -January 15, 2008 4
Our data looks at a period between 1998 and 2005, and how the oxides of
nitrogen inventory has been compiled and computed. This is the trend,
you see on an overall it is been a pretty steady decline in those emissions
over that reporting period. In fact, it totals a 64% reduction for the 1998
through 2005 period. We look closely at the reasons for those reductions,
what types of changes have been made, and some of the major
occurrences that account for this decline is called cogeneration projects.
A lot of .these plants have engaged in producing their own steam and
power over the years just by directly firing fuel. That has been phased out
over time, in favor of what is called cogeneration projects. That is where
you get some steam and power to feed your plant as a result of
accomplishing something else, like heating process fluids or producing
hydrogen, LO NOx burner conversions. Many of the existing sources of
nitrogen oxides have been controlled through LO NOx burner technology,
and that is something that has really developed and really taken off since
about the mid 1980's. We have also shut down a lot of older facilities in
favor of newer more modern and better performing facilities.
e r
_ _ ~ _ S:.
=~h+sdY d Hre a~ i andta
-
Participatin4 ~ompaines Emis5lcrrs Red~etlon Report
,:~ 1. NnLiquide -- - ~ 16, Firestone Polymers---
- 2. Air ProductsCtilnpany 17. Gertiaubmefisteel
•.-3 ArketftaCheFit+c`als -~~ 18 Goodt3ear35re*$RUbtler
4 BA~f=1F7NA~etrvc~iemicals 19 Grea~"Lalies CaFbbfi
5 Cheni'trari!e l.agistitls 20 Hutrt3inan+Ghe7fi~Cals C4
S Chev'on7Phiilip5iiheinicaisOrang~- : 11 Hurti'~mSn~Femu:'aislt$O
7 Ch§vrohYP~i~I(ipsC~emi~afs~art~thur
... ?3. i.a~zes§vGO~ioratioh` ''
.
8 6egeissaEn'g~~ter}redCarbd'ifs _. ,_
23 Lucrtetnternatwrial
,' 9 lluF?oht BeaumontlNiorl?s 2d..Mtitiva Cnt~Yrtses
9i) UuPontSab~n~~iver"WOr~ics 25 ,YaleroaEnltxtgy~o~po"ration'
11 Entergy 26 PE3fia~S Te~hmcat Sziiution
12 EgUis"rChemie~is 27 SoUthiH'am~foaRefinui®
.. ,'1~ '~°cbnrNfohilCfiefi`~icmigli„O 2i3 Tgrra~hdu`st~ies
'i4. Exuoh`ModJ Chemfcaht3PEP 29 Temmpfe Inia[~il
-15. 'EXZOri MobU 12~fining 3fi. ~'otaiaPetrociiem~cals
'`
City Council Minutes
Regular Meeting -January 15, 2008 5
The next slide shows a model to organic compounds; another name for
this is just hydrocarbons or hydrocarbon mixtures. Volatile organic
compounds again, one of those ozone precursors that we have been
trying to reduce over many years. A 37% reduction has been
accomplished between 1998 and the 2005 period. The way that it has
been accomplished is through vapor combustion projects.
An example of that would be marine vapor combustion projects, where
vapors from loading marine vessels at various docks are collected in a
system and sent to a combustor, incinerated. You get a terrific reduction
in volatile organic emissions from those areas and those types of sewer
systems.
There are a lot of improvements in the way of storage tanks. Again we
have shut down older facilities, and you will see we have talked about that
time and time again; because the fact of the matter is these plants are
modernizing all the time and each time you do that it results in not only a
more viable plant, but a lower emitting facility as well.
e ~
VOC Emissions
z~ooo
t~~s
The next slide is a depiction of a trend of sulfur dioxide emissions. Now
because sulfur is so prevalent in our natural resources, especially crude
oil, it becomes a pollutant, not only as a result of combustion; but as a
result of oil refining and especially the catalytic cracking process.
Well, over the years we have seen a 36% reduction in emissions of sulfur
dioxide within the three county areas. One reason why you see some
variations in this is because it does not go down in every year.
As you notice, in 2003 and 2004, we saw an upturn before we saw
another downturn. Now as we probed the reasons for that, we found that
a there was a combination of higher production rates, really better
economic times for the company was during this area, and a trend
towards a higher sulfur content and crude oil feedstock the plants.
But again, that was more than offset by installing certain types of sulfur
dioxide scrubbing or the reduction of facilities. And, one that is, one type
of technology that has been very effective in that area, is fluid catalytic
cracking unit web gas scrubbers. Normally those have now been installed
on all area refineries and they have accounted for a tremendous reduction
in sulfur dioxide emissions. Those types of scrubbers will knock SOz
emissions down by over 90%.
City Council Minutes
Regular Meeting -January 15, 2008 6
I am showing two slides on this next graph, just in the interest of time,
carbon monoxide emissions and particulate emissions, two categories of
emissions that I guess does not get as much publicity as the others, but
we did see again significant reductions of both of these: 29% on carbon
monoxide and 13% on particulate emissions. Again, as a result of
cogeneration projects this accounts -for a lot of this decrease. Fluid
catalytic cracking units, some of those employ carbon monoxide boilers,
and when those boilers experienced reliability problems you had increased
CO emissions. We have seen those boilers either phased out completely or
operate much more reliably; CO emissions have gone down.
Industry has shut down older facilities, with the cogeneration projects,
along with wet gas scrubbers, which not only effective in reducing SOz
emissions; they reduced particulate emissions. And those of you who have
lived here for awhile have recognized FCC units with the scrubbers on
there, you cannot detect any dust. And the plumes are now fluffy white
steam instead of particulates.
~,.~a .
'CO Eil~issi.o'ns
3~,
I f'
*
uma, -
,nano
~
`..
F 0.nW - s+~
~
ni r 9
~ :~ zy . y
ry
Z,a~ bS .-;;;~ ~,
,t
e
n ;
... 1946 ~-.`~99.. -.a.,~.
29 °~ l'lEDt1
City Council Minutes
Regular Meeting -January 15, 2008 7
In this next graph, what we have tried to do is take all the pollutants, and
total them all up together, just to see what the total emissions trend
looked like. So all of those individual types of pollutants I have mentioned
to you, total them all up over the same period of time; and we see 64,000
tons per year reduction has occurred, which equates to 47%.
At the same time, we were aware that reductions were occurring in other
parts of Texas. So just because it seemed kind of interesting, we thought
we would look at how emissions have been reduced statewide. So in
combination with areas like Dallas,- Fort Worth and the Houston ship
channel, as well as maybe the Corpus Christi area; we took total
emissions, industrial emissions inventory of point source inventory of the
period. And they only had data on the TCEQ's website that was available
from the year 2000 through 2004, statewide there was a 13% reduction.
So we are not the only ones that have found a way to trim our emissions
down. But for that same period of time, Beaumont, Port Arthur point
sources reduced 24%, almost twice as much as the state average.
I think one thing worth pointing out in the 2005 year, on your slide you
will see I inserted the words Hurricane Rita. Well, we had plants shut
down for some period of time during Hurricane Rita. So we think that
accounts for some of the reduction in 2005. Next time, this survey can see
how much that, or how meaningful that is, compared to a normal year
without a hurricane driven outage.
The next slide depicts the trend in emission of a particular type. These are
emissions from emission events. These are emissions that occur in
consequence of things that go wrong in the various plants. And as plant
operators will tell you these are the worst kind and the kind we are really
working most aggressively to stay about.
First of all we look at the number of events that are occurring over time
and we saw a slight reduction in that about 35%. It is a little bit of a
comparison of apple to oranges, because environmental regulations that
govern something that is reportable, or not, varies over time. But despite
that, the data suggests that there is a decline in reportable emission
events.
City Council Minutes
Regular Meeting -January I5, 2008 8
I think what is more significant is what is shown on the next slide and that
is the severity of those emissions; those events, the consequences, and
the total emissions that occurred as a result of any kind of emission event.
And that is where we see the most drastic trend downwards.
Back in 1998, we had a lot of liability problems that caused CO emissions
in particular to be high. We were in the 46,000 ton range of emissions as
a result of emission events compared to where we are in 2005, which is
around 4600 pounds. That is a 90% reduction over that period of time.
And, if you just look in just recent years, from 2002 to 2005, it is pretty
significant and about 50% of the reduction there.
And that has been accomplished through a combination of process gas
compressor upgrades. I mentioned the fluid catalytic cracking units and
the CO boilers that were either improved in terms of reliability, or they
were shut down all together as a source of, and eliminated a source of
unreliability and CO emissions, pass process controls, more reliable
electrical systems so that we do not have as many power outages that
cause these kinds of emission events. So there is a good story there, as
well.
City Council Minutes
Regular Meeting -January 15, 2008 9
And in summarization, I would like to just say that there are a number of
reasons why these reductions occurred. Not all of them were just
voluntary, some of them were driven by environmental regulations by
permit conditions; but the industry took advantage of not only the
opportunity to reduce emissions. Because of those reasons, they have
done some things voluntarily. They have done some things in the interest
of energy efficiency, like cogeneration, and a tremendous side benefit of
that has been to lower emission rates..
The money that has been spent towards emissions reduction by this group
for this survey is $700' million since 1998 on 239 different projects.
Companies are forecasting that by the end of this year, they are going to
spend another $225 million dollars on emission reduction projects.
Also on reliability, plants have improved due to spending in that area, also.
78 reliability projects were completed and 42 additional projects are
planned for completion by the end of 2008. Again. and in an effort to
reduce the unplanned emissions, the emissions from emission events that
we saw on the earlier slide.
And finally, what you will see in the next presentation is that our air quality
has indeed benefited from these reductions. In the monitoring network,
that we have had in place now since 1998, is picking up and taking these
reductions and showing the improvement that you might expect. That is all
I have to tell you, except that I will put in a plug for the Industry of the
Golden Triangle and they are at: industryofthegoldentriangle.com. You
can get this presentation and other information on environmental
improvements and things that are going on in that area at their website.
Mayor Pro Tem Sinegal requested that an audience member introduce herself to the
City Council to give a brief explanation of the need for an Environmental Specialist.
Mrs. Laura Ritto-Jones appeared before the City Council to address the need for an
Environmental Specialist.
The Mayor informed Mrs. Jones that due to time constraints and agenda protocol,. she
would have to contact the City Secretary's office and schedule to speak at the next City
Council meeting.
Gty Council Minutes
Regular Meeting -January 15, 2008 10
Presentation By Bob Dickinson Of South East Texas Regional
Planning Commission On Air Quality Status
SETRPC Director Bob Dickinson:
Thank you Mayor and Council, City Manager and City Attorney, it is a
pleasure to be with you here tonight just to follow up on Mr. Carter's
presentation. I work for the Southeast Texas Regional Planning
Commission. And, basically, since 1989, I have worked with area
industries and our local elected officials to develop a comprehensive
database of air quality data for our three county regions; and also to put
the information out to the general public as to the status of our air.
Back then, the Texas...well then it was the TNRCC, they had limited
resources to do air monitoring in our region, as well as in other parts of
the state. Well, in order to complement the area industries in our region,
our three county regions since 1989, has contributed to an air monitoring
and meteorological program that we have operated under the auspices of
our agency. So industry is to be commended for being very proactive in
putting up funds.
;
~O~O~ L~~,~ T0.6NHPORTATION
~ ~
~.
--._ ENVIFONNI6NTn
ozone
City Council Minutes
Regular Meeting -January 15, 2008 11
Our program now has been expanded, since we implemented and that it
will cost somewhere in the neighborhood of $700,000 annually to operate
this program. So; basically, I just wanted to go over a few slides. But the
critical thing is, it has been a tremendous accomplishment.
We started our program...the air quality today as demonstrated by actual
monitoring measurements done by our system, as well as the TCEQ, is
better than it was in 1990. But the most significant accomplishment is, if
you will look at the second bullet on your handout or on the monitor, (up
here) Beaumont/Port Arthur/Orange area's air monitoring data indicates
that we are in attainment of the eight-hour Federal ozone standard for
clean air and that is very significant. This more astringent eight-hour
ozone standard was implemented several years ago.
There are a lot of other areas that have not even developed their plans
working with their air pollution control agencies to try to look at ways to
reduce emissions. But we are working with the TCEQ and EPA Region Six
to go through the process to get our area reclassified from non-
attainment into an attainment area of the Federal ozone standard. So it is
a very positive thing especially from a future economic growth and
development in our region.
But, to echo what Mr. Carter said, monitored levels of NOx and VOC are
emissions are 40% to 50% lower than they were more than ten years
ago. And we also continue to see, with all of these emissions reduction
programs that have been implemented, reductiohs in air toxics levels.
Toxic levels are being measured and there is no evidence of toxic hot
spots in the area that we have continued to monitor since 1990.
Basically, EPA goes through all these different things under these ozone
standards, this is an eight-hour standard. We were classified as a marginal
area back, the way that they calculate this monitoring data, you are at
non-compliance status, they were going to reclassify us to a moderate
area in them middle of December. They published something...
There were four other areas like us that had been marginal and were
looking to get reclassified, because the way they calculate the non-
compliance; but they had not come into attainment of this standard. So
what happened to us, they proposed to reclassify us, but that has not
taken place, yet. And now, since the end of 2007 of the ozone season, all
of our monitors are currently in compliance of this standard.
This ozone rietwork or this air monitoring network that we have been
operating; basically it has done a lot of things to show how we work
together with the TCEQ and the EPA Region Six. It has provided a lot of
data, all the data that we collect through our air monitoring program is
shared with the public, as well as, with the Texas Commission on
Environmental Quality and the EPA Region Six. They had to do a lot of
sophisticated air modeling analysis of different types of plans in the past
to try to show how they are going to reduce emissions in our region,
those things that contribute to formation of ozone.
As I mentioned earlier, we have along-term history of a data base on air
toxic issues. And we provide data to the general public and there is not a
wide spread concern throughout the network that we operate in a region.
It provides a positive message for improving air quality. We can show
through emission reductions, but actually air monitoring data that has
been done by our program as well as the State, that air qualities can
continuing to improve in our Southeast Texas Region.
City Council Minutes
Regular Meeting -January 15, 2008 12
It shows that the plants are working to reduce emissions and they are,
and even though we are coming into compliance with this Federal ozone
standard, there are some additional control measures that is going to be
implemented by area industries that are going to further contribute to the
improvement of our air quality.
The other thing, we have been impacted by the transport of air pollutants
from the Houston, Galveston areas, as well as, from other areas from the
eastern part of the country, Louisiana and other parts of the country. And
what that does, any improvements that they make in the Houston,
Galveston areas to reduce emissions it is only going to continue to
contribute to the reduction of air pollution in our region.
And, basically, this air monitoring network, what it has done, it has given
us a seat at the table to work with the TCEQ and the EPA. When they say
they are looking for additional plans to reduce emissions or they have an
issue, we have a historical data base of air quality information that we can
work with them to show what the actual conditions actually are here in
our Southeast Texas Region.
TRAN3FDRTLTON 6.'
ENVIRONFfEHTA4"
V
_ va,
T `- _
.. ~3iR `Wy. ra_
..
~
~
j L
~
' 2'~'.aA7''.~ i~p ~f
~
u F- ~ m
~,
.
~ _
~
,
iY ~` ~ ,
~~
_ 4 x
i
'
y
- Y ~ d ~~'N3r"~
"~
r ~"~ ~~"
a
`
W
~.~
d
r . cyp
X
~ 4y x
,
t
Y~ ~_
\-~_ '~
.
fi^r, Mme.
-' 3jR ~'Y
~..~ spa.
99
~
~~
i ~
J
'1
l
i~
Y
y n( ~
~a
i 4 JT° ~`1~?
S
The Southeast Texas Region is depicted in this map. But what I wanted to
point out was that when we started this program back in 1989, since then
especially, we have added an ozone monitor and an air toxics monitor at
the Memorial Ninth Grade Campus, as well as an air toxin monitor at the
Memorial High School Campus. So there is a number of monitors.
If you look at that map, there are a number of monitors operated by our
program, as well as the Texas Commission on Environmental Quality. And
all of these monitors that we have located here over the years are located
strategically. And any monitoring that we have done through our program
has been reviewed, approved by the protocol that the Environmental
Protection Agency has in order to accept the credibility of the data that we
have been gathering for all these years.
City Council Minutes
Regular Meeting -January 15, 2008 13
If you go to the next slide, please.
Basically, if you look at the long term trends in some of the air toxins,
Benzene and Butadiene are two of the things that the general public is
really concerned about.
We had one spike. If you look at the Benzene, basically, that was at our
site at the Southeast Texas Regional Airport. We investigated that spike
and what we found there were some oil and gas exploration activities
going on in that area. And then once they completed, then what we saw
was that the spike in Benzene had come down.
But one of the issues about monitoring data is, if you see a spike in
something you want to go and investigate it and try to point out what the
issue was that caused that to go up and to try to correct it. But the
bottom line is that all of these are different.
If you go to the next slide, Paul.
Bei
~~
3.
s~ ,
0
TPLNSPOPTGTION"H-
-" - ENVIgONMENTUC -"
A6fDV}c[s "
,~
~I
sn
x . //
_.. ~ ~;a '
Rai -
~z .
a. ~'~~5
I: .
I "N~°"`"
e:o-sn+t
j ~sPiitaaaaa
f ~~~
If you look at all these long term trends, especially things that contribute
to the formation of ozone, you see a significant reduction in all of these
different compounds that we have continuously monitored for, since 1990.
So this is a very critical slide as far as the ozone issues, you can see in
1997, we had five of the monitors in the region that were out of
compliance with the standard. In 2006 we had one, now in 2007 we have
none.
All of the ozone monitors are operated twenty-four hours, seven days a
week, and three hundred and sixty-five days a year in our region. So we
were in compliance with the Federal clean air standard. So it is very
significant that one was not in compliance. The one that is always been
not been in compliance has been Sabine Pass; the one that we operate in
Sabine Pass, but now that one is in attainment of this ozone standard.
City Council Minutes
Regular Meeting -January 15, 2008 14
•. `- --
f¢ Y -
9+-g~,-p~- ,n} ~-y~
.. ~Y.3 ~ 8 N'i
City Council Minutes
Regular Meeting -January 15, 2008 15
Not only is this just another graph, our population has gone up along with the
number or the value of the ozone of accident. Accidents that we have had in
our region that have been recorded had been going down.
So, basically, the way they do this, the data that was recorded at the ozone
site monitors in our region for 2005, 2006 and 2007. You would average the
fourth highest values recorded at those air monitoring sites for the twelve
month calendar year, January to December. And if the average of those, if
any monitor is below 85, well then, that monitor is in attainment.
It is like in the past, if you have one monitor that averages over 85, you
would have continued to be in non-compliance. So, if you look at this slide
here, in the last column 2005 to 2007, the value of that fourth highest
average, you can see all of ours are down.
Our site that we operated the year before the highest was 83, but it is still
under the 85. So, all of our sites are in compliance, not just the ones that we
operate, but also the ones that the Texas Commission and the Environmental
Quality operate.
110
105 !"
100
95
90 r
85 ' -
so ;
' lApN9POR?PTON 6.
E. VIpONMEN?P[.
asavsv ss- '
410000'
400000':
390000`.
380000.'
3?QOOQ'
360D00
-350000
3~oiioo
4r'
And this is another very good one. If you look at the dates, we only had three
ozone accidents of the standard, standards, as the air monitoring sites
operating in the region.
If you come back to that decision we were clean so we can show a downward
trend. Not only in emission has reduction had projects that have been taken
placed by the area industry.
City Council Minutes 16
Regular Meeting -January 15, 2008
City Council Minutes
Regular Meeting -January 15, 2008 17
City Council Minutes 18
Regular Meeting -January 15, 2008
But also, we can show through demonstrated air monitoring data that has
been collected through our program or through the Texas Commission on
Environmental Quality. We can show that air quality is genially improving in
our Southeast Texas Region. And coming into compliance with this ozone
standard is very significant achievement which has required a lot of work in
planning and implementing programs and projects in our region.
So that is just kind of a general overview of...what we have done. Our
agency, of course, works for the local elected officials in our three county
region. Back in the late 1980's, the air quality issues were very critical to the
economic viability of our- Southeast Texas region. And at that time the
industry stepped up to the plate and we set this air monitoring program in
place and it continues. And we have expanded it.
We work hand in hand. We share our data with the State, the Texas
Commission on Environmental Quality, the EPA Region Six, and we have a
very positive story to tell. So, anyway, I appreciate the time; and if you have
questions or something, we would be very happy to work with you. We have
a new boss coming into our agency next year. And that is going to be -the
President of our Executive Committee, is going to be the Mayor. So if there is
something we need to do better we are ready, willing, and able to.
Councilmember Henderson left the City Council meeting at 7:13 p.m.
(5) Presentation By Drew Stewart, Premiere Election Systems
On Electronic Voting Equipment And Services
The above-mentioned item was held after the Public Hearing.
B. Speakers
(i) Reverend Steve Hammond Regarding Faith Based Housing
And Renter's Fair -NOT PRESENT
(2) Mereby Green And Eddie Durham Regarding A Youth
Center
Ms. Mereby Green, 3317 East 17~' Street appeared before the City Council to introduce
Citizens Drug Task Force Chairman Deidn Mitchell and Eddie Durham. The group
requested City Council consideration in sponsoring a youth center called "The Spot".
Parks and Recreation Interim Director/Assistant Human Resource Director Albert
Thigpen appeared before the City Council to address inquiries regarding a location for
the proposed youth center.
C. Correspondence -None
V. UNFINISHED BUSINESS -NONE
IV. PUBLIC HEARINGS - 7:00 PM
To Consider Whether Or Not To Rezone Lots 1-8, Block 4, Range
B, And Lots i-3, Block 5, RI cant BTotal Pet'ochem Gals (Z07)07)
Heavy Commercial (HC) App
Mayor Prince opened the above-mentioned Public Hearing at 8:13 p.m.
Planning, Zoning and Grants Director Dale Watson appeared before the City Council to
present an overview of the proposed rezoning. Mr. Watson reported that the Planning
and Zoning Commission recommended denial and that the item would require seven
affirmative votes for final approval.
City Council Minutes 19
Regular Meeting -January 15, 2008
TOTAL Public Relations Representative Pat Avery, 333 Pinchback, Beaumont, Texas
appeared before the City Council to discuss the project time frame, modification of
plans, and the completion of the laydown yard, if approved.
TOTAL Project Manager John Carren, 3159 Hardwood, Port Neches, Texas appeared
before the City Council to address inquires related to the types of activities that would
take place inside the proposed laydown yard.
Councilmember Jones requested that it be made a part of the record that he is against
this project.
The Mayor requested to hear from anyone present in the audience who wished to
speak regarding the above-mentioned rezoning.
The following citizens appeared before the City Council in opposition to the proposed
rezoning:
Mrs. Stephanie Forsythe
Mr. Joseph Graffio
Mr. Jeremy DeCuir
Mrs. Amanda Brooks
Mrs. Sherry Townley
Mrs. Sylvia Hebert
Mrs. Loretta Hebert
Mrs. Alice Windle
Mr. Manuel Cavazos
Mr. Mike Forsythe
2916 Oxford Drive
2801 Oxford Drive
2848 Oxford Drive
2712 Oxford Drive
2743 Delta Drive
3636 Beech
7506 Terrell
6927 Olympic Drive
7012 Melody Drive
1629 Oxford Drive
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Port Arthur, Texas
Mrs. Luverda Batiste, 3221 Fifth Street, Port Arthur, Texas, appeared before the City
Council to discuss the location of the proposed laydown yard and the history of
industrial expansion in Port Arthur.
TOTAL Representatives Pat Avery and John Carren stated that the problems voiced by
the public regarding lighting and torn down fencing would be addressed as soon as
possible.
Upon the motion of Councilmember Beard, seconded by Councilmember Jones and
carried unanimously, the City Council closed the Public Hearing at 9:23 a.m.
EIY. PETITIONS & COMMUNICATIONS
A. Presentations
(5) Presentation By Drew Stewart, Premiere Election Systems
On Electronic Voting Equipment And Services
Acting City Secretary Hanks appeared before the City Council to introduce Premiere
Elections Systems Representative Drew Stewart.
Premiere Elections Systems Representative Drew Stewart appeared before the City
Council to demonstrate the election equipment. Mr. Stewart discussed providing
election equipment and technical services that would assist in conducting the May 2008
General Election.
Acting City Secretary Hanks advised the City Council of the increased costs involved in
conducting its own election and recommended reducing the number of early voting
locations.
VI. CONSENT AGENDA
Resolutions -Consent
City Council Minutes
Regular Meeting -January 15, 2008 20
(1) P. R. No. 14503 - A Resolution Designating 7. P. Morgan
Chase Bank As The Depository Bank For The City Of Port
Arthur, And Authorizing The Finance Director Along With
The City Secretary To Execute All Required Documents To
Implement The Services
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Beard and seconded by Councilmember Jones
that Proposed Resolution No. 14503 be adopted.
Finance Director Rebecca Underhill appeared before the City Council to outline the
selection process used to select Chase Bank as the depository bank for the city and the
parameters of the agreement. Mrs. Underhill distributed an overview of Chase
Community Development Activities in Port Arthur to the City Council.
Chase Bank Executive Steve Grantham, 740 Old Beaumont Road, Sour Lake, Texas and
Chase Bank Port Arthur Branch Manager Karen Dell, 1420 Arbor Garden, Nederland,
Texas, appeared before the City Council to address inquires regarding the proposed
agreement and community development participation.
Councilmember Williamson left the City Council Chamber.
Proposed Resolution No. 14503 was adopted becoming Resolution No. 08-009.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Flood, Beard and Lewis.
Voting No: None.
The caption of Resolution No. 08-009 reads as follows:
RESOLUTION NO. 08-009
A RESOLUTION DESIGNATING 7. P. MORGAN
CHASE BANK AS THE DEPOSITORY BANK FOR THE
CITY OF PORT ARTHUR, AND AUTHORIZENG THE
FINANCE DIRECTOR ALONG WITH THE CITY
SECRETARY TO EXECUTE ALL REQUYRED
DOCUMENTS TO IMPLEMENT THE SERVICES
Mayor Pro Tem Sinegal left the City Council Chamber.
VII. ITMES REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P. R. No. 14507 - A Resolution Authorizing The City Of Port
Arthur Section 4A Economic Development Corporation To
Enter Into A Contract For Renovations To The EDC Building
Located At 4173 39th Street, Port Arthur, Texas With
Sanchez Remodeling, Inc., Of Port Arthur, Texas In The
Amount Of $48,750, Funds Are Available In Account #120-
1429-582.82-00
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Flood, seconded by Councilmember Chatman and
carried unanimously, Proposed Resolution No. 14507 was adopted becoming Resolution
No. 08-010.
City Council Minutes
Regular Meeting -January 15, 2008 21
Voting Yes: Mayor Prince; Councilmembers Chatman, Jones, Flood, Beard and Lewis.
Voting No: None.
The caption of Resolution No. 08-010 reads as follows:
RESOLUTION N0.08-010
A RESOLUTION AUTHORIZING THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION TO ENTER INTO
A CONTRACT FOR RENOVATIONS TO THE EDC
BUILDING LOCATED AT 4173 39TH STREET,
PORT ARTHUR, TEXAS WITH SANCHEZ
REMODELING, INC., OF PORT ARTHUR, TEXAS
IN THE AMOUNT OF $48,750, FUNDS ARE
AVAILABLE IN ACCOUNT #120-1429-582.82-
00
Mayor Pro Tem Sinegal returned to the City Council Chamber.
(5) P. R. No. 14517 - A Resolution As It Pertains To The
Payment Terms Of The YMCA Promissory Note
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Chatman, seconded- by Councilmember Flood and
carried unanimously, Proposed Resolution No. 14517 was adopted becoming Resolution
No. 08-011.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Flood, Beard and Lewis.
Voting No: None.
The caption of Resolution No. 08-011 reads as follows:
RESOLUTION NO. 08-011
A RESOLUTION AS IT PERTAINS TO THE
PAYMENT TERMS OF-THE YMCA PROMISSORY
NOTE
(4) P. R. No. 14513 - A Resolution Appointing Members To The
Port Arthur Youth Advisory Council
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Chatman, seconded by Councilmember Jones and
carried unanimously, Proposed Resolution No. 14513 was adopted becoming Resolution
No. 08-012.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Flood, Beard and Lewis.
Voting No: None.
The caption of Resolution No. 08-012 reads as follows:
RESOLUTION NO. 08-012
A RESOLUTION APPOINTING MEMBERS TO THE
PORT ARTHUR YOUTH ADVISORY COUNCIL
City Council Minutes
Regular Meeting -January 15, 2008 22
The City Council recessed their Regular Meeting at 10:17 p.m. to meet in the Special
Meeting Executive Session, and reconvened their Regular Meeting at 11:52 p.m. with
the following members present: Mayor Prince; Mayor Pro Tem Sinegal;
Councilmember's Chatman, Jones, Beard, Williamson and Lewis; City Manager
Fitzgibbons; Acting City Secretary Hanks, City Attorney Sokolow and Sergeant At Arms
Police Chief Blanton.
Councilmember Flood left during the Special Meeting F~cecutive Session.
VI. CONSENT AGENDA
Upon the motion of Councilmember Chatman, seconded by Councilmember Beard and
carried, the following Consent Agenda items were adopted:
A. Consideration And Approval Of Awarding A Bid To Contro/
Concepts, Inc., Houston, TX In The Amount Of $58,000 For
Variable Frequency Drives For The Utility Operations
Department (Water Purification Plant)
B. Consideration And Approval Of Awarding A Bid To Purvis
Industries, Of Beaumont, TXIn The Amount Of $34,446 For
Shaftless Screw Conveyors For The Utility Operations
Department (Wastewater Treatment Division
C. Consideration And Approval Of The Purchase Of Firehouse
Software CAD Interface And Module Support From ACS-
Firehouse SoRware, Urbanda/e, IA In The Amount Of
$7,330 For The Fire Department
D. Exaense Resort
Mayor Deloris "Bobbie" Prince:
Use Of Personal Auto For Out-Of-Town City Business
November And December, 2007 $ 85.06
Attend TDHCA Texas Disaster Relief
Housing Design Competition
Austin, TX, January 7-g, 2008 $ 512.48
City Attorney Mark T. Sokolow:
Attend Examining & Resolving Title Issues Seminar
Woodlands, TX, December 13, 2007 $ 470.60
Resolutions -Consent
(2) P. R. No. 14511 - A Resolution Approving Water And Sewer
Adjustment To Certain Utility Accounts
Proposed Resolution No. 14511 was adopted becoming Resolution No. 08-013.
(3) P. R. No. 14512 - A Resolution Authorizing The Mayor Of
The City Of Port Arthur To Execute A Waiver Permitting The
Jefferson County Mosquito Control District To Fly At Low
Altitudes Over The Territory Under The Jurisdiction Of The
City Of -Port Arthur
Proposed Resolution No. 14512 was adopted becoming Resolution No. 08-014.
(4) P. R. No. 14514 - A Resolution Authorizing Acceptance Of
The Contractor's Certificate And Release And Contractor's
Certificate Of Guarantee From U. S. Builders, L.P. For The
Shoppes Of Port Arthur And EI Paso Avenue And
Authorizing. The City Manager To Sign The Certificate Of
Acceptance On Behalf Of The City Of Port Arthur, Texas`
City Council Minutes
Regular Meeting -January 15, 2008 23
Proposed Resolution No. 14514 was adopted becoming Resolution No. 08-015.
(5) P. R. No. 14515 - A Resolution As It Pertains To A Tutoring
Contract With Lamar State College-Port Arthur On Behalf
Of The Port Arthur Weed And Seed Initiative
Proposed Resolution No. 14515 was adopted becoming Resolution No. 08-016..
(6) P. R. No. 14519 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute The
Settlement Of A Claim In The Amount Of $16,096.28 Made
Against Texas Municipal League Intergovernmental Risk
Pool (TML) As A Result Of Theft From Pop Warner Football
Field At Lucian Adams Park
Proposed Resolution No. 14519 was adopted becoming Resolution No. 08-017.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(2) P. R. No. 14509 - A Resolution Approving An Economic
Grant/Incentive Letter Of Commitment By The City of Port
Arthur Section 4A Economic Development Corporation To
Digital Workforce Academy Inc. In The Amount Of $50,000
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Chatman, seconded by Councilmember Beard and
carried unanimously, Proposed Resolution No. 14509 was adopted becoming Resolution
No. 08-018.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Beard, Williamson and Lewis.
Voting No: None.
The caption of Resolution No. 08-018 reads as follows:
RESOLUTION N0. 08-018
A RESOLUTION APPROVING AN ECONOMIC
GRANT/INCENTIVE LETTER OF COMMITMENT
BY THE CITY OF PORT ARTHUR SECTION 4A
ECONOMIC DEVELOPMENT CORPORATION TO
DIGITAL WORKFORCE ACADEMY INC. IN THE
AMOUNT OF $50,000
(3) P. R. No. 14510 - A Resolution Appointing A Negotiating
Team Under Chapter 174 Of The Texas Local Government
Code Annotated, To Conduct Collective Bargaining With
The Bargaining Agent Of The Port Arthur Police Association
Of The City Of Port Arthur Police Department
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Jones and seconded by Couhcilmember
Chatman that Proposed Resolution No. 14510 be adopted.
The City Attorney stated that due to possible conflicts during the negotiation period, he
would not recommend appointing any member of the City Council to the Collective
Bargaining Team.
City Council Minutes
Regular Meeting -January 15, 2008 24
Proposed Resolution No. 14510 was adopted over the dissenting vote of
Councilmember Williamson, becoming Resolution No. 08-019.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, Jones,
Beard and Lewis.
Voting No: Councilmember Williamson.
The caption of Resolution No. 08-019 reads as follows:
RESOLUTION NO. 08-019
A RESOLUTION APPOINTING A NEGOTIATING.
TEAM UNDER CHAPTER 174. OF THE TEXAS
LOCAL GOVERNMENT CODE ANNOTATED, TO
CONDUCT COLLECTIVE BARGAINING WITH
THE BARGAINING AGENT OF THE PORT
ARTHUR POLICE ASSOCIATION OF THE CITY
OF PORT ARTHUR POLICE DEPARTMENT
(6) P.R. No. 14520 - A Resolution Appointing An Acting
Assistant City Secretary Pursuant To Article VII, Section 3
Of The. City Charter (Requested By Councilmember Beard)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Chatman and seconded by Councilmember
Beard that Proposed Resolution No. 14520 be adopted.
The motion was made by Councilmember Jones and seconded by Councilmember Lewis
that Proposed Resolution No. 14520 be adopted with the insertion of the name, Sherri
Bellard, as the Acting Assistant City Secretary.
The following roll call vote-was taken on the motion to adopt Proposed Resolution No.
14520 with the insertion of Sherri Bellard as Acting Assistant City Secretary:
Councilmember Beard "Yes"
Councilmember Chatman
"Yes"
Councilmember Jones "Yes"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal
"Yes"
Councilmember Williamson °Yes"
Mayor Prince °Yes"
Proposed Resolution No. 14520 was adopted becoming Resolution No. 08-020.
The caption of Resolution No. 08-020 reads as follows:
RESOLUTION NO. 08-020
A RESOLUTION APPOINTING AN ACTING
ASSISTANT CITY SECRETARY PURSUANT TO
ARTICLE VII, SECTION 3 OF THE CITY
CHARTER (REQUESTED BY COUNCILMEMBER
BEARD)
B. Ordinances
(1) P. O. No. 5832 - An Ordinance Amending Section 2-76 Of
The Code Of Ordinances As It Pertains To The Enforcement
Of Decorum, Disturbances, And/Or Removal/Citation Of
Person(s) (Requested By Councilmember Lewis)
City Council Minutes 25
Regular Meeting -January 15, 2008
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Beard and seconded by Councilmember Lewis
that Proposed Ordinance No. 5832 be adopted.
The City Attorney read the following amendments into the record:
Section 2 Suboaraaraah (b) Removal.
We are substituting for the word "person" to be a member of the pub/ic.
If, after receiving a warning from the Presiding Officer, a member of the
public persists in disturbing the meeting, such Officer may order him to be
removed from the meeting.
Section 2 Subaaraaraoh (c)
If after receiving an warning from the Presiding Officer, a Councilmember
persists in disturbing the meeting, the Presiding Officer shall recess the
meeting or refer the matter to the City Council; which can include
removing the member from the Council Chamber during the remainder of
them meeting or until the Councilmember is prepared to abide by the
Rules of Procedure, as adopted by the City Council.
The following roll call vote was taken on the motion to adopt Proposed Ordinance No.
5832:
Councilmember Beard "Yes"
Councilmember Chatman "Yes"
Councilmember Jones "Yes"
Councilmember Lewis "Yes"
Mayor Pro Tem Sinegal "Yes"
Councilmember Williamson "NOn
Mayor Prince "NO~~
Proposed Ordinance No. 5832 was adopted over the dissenting votes of Mayor Prince
and Councilmember Williamson, becoming Ordinance No. 08-08.
The caption of Ordinance No. 08-08 reads as follows:
ORDINANCE NO.08-08
AN ORDINANCE AMENDING SECTION 2-76 OF
THE CODE OF ORDINANCES AS IT PERTAINS
TO THE ENFORCEMENT OF DECORUM,
DISTURBANCES, AND/OR REMOVAL/CITATION
OF PERSON(S) (REQUESTED BY
COUNCILMEMBER LEWIS)
(2) P. O. No. 5834 - An Ordinance Transferring Lots 20 & 21,
Block 1, Schmyser 3 To City Of Port Arthur Section 4A
Economic Development Corporation
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Beard, seconded by Councilmember Jones and
unanimously carried, Proposed Ordinance No. 5834 was adopted becoming Ordinance
No. 08-09.
Voting Yes: Mayor Prince; Mayor Pro Tem Sinegal; Councilmembers Chatman, ]ones,
Beard, Williamson and Lewis.
Voting No: None.
City Council Minutes 26
Regular Meeting -January 15, 2008
The caption of Ordinance No. 08-09 reads as follows:
ORDINANCE N0.08-09
AN ORDINANCE TRANSFERRING LOTS 20 & 21,
BLOCK 1, SCHMYSER 3 TO CITY OF PORT
ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION
(3) P. O. No. 5835 - An Ordinance Authorizing Special Warranty
Deeds For Conveyance Of Property To Low & Moderate
Income Residents Of The City
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Beard and seconded by Councilmember
Chatman that Proposed Ordinance No. 5835 be adopted.
The City Attorney recommended that the above-mentioned ordinance be tabled.
Councilmember Beard and Chatman withdrew their motion to adopt Proposed
Ordinance No. 5835.
Upon the motion of Councilmember Williamson, seconded by Councilmember Chatman
and carried unanimously, Proposed Ordinance No. 5835 was tabled.
(4) P. O. No. 5836 - An Ordinance Providing For The Conduct Of
The May 10, 2008 General Election For The Purpose Of
Electing Councilmembers For Districts 1, 2, 3 And 4, As
Well As For Positions 7 And 8 And Providing For A Joint
Election With The Port Arthur Independent School District,
The Sabine Pass Independent School District, The Port Of
Port Arthur Navigation District And The Sabine Pass Port
Authority, In Accordance With Chapter 271 Of The Texas
Election Code, And Providing For The Publication Of The
Election Notice
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Lewis and seconded by Councilmember Beard
that Proposed Ordinance No. 5836 be adopted.
Councilmember Lewis read the following letter into the record:
July 19, 2006
Dear Mr. Sokolow:
This refers to a change in the terms of office for at-large council Position
Nos. 7 and 8 from two to three years by majority vote and the
implementation schedule for the City of Port Arthur in Jefferson and
Orange Counties, Texas, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your
submission on May 30, 2006.
The Attorney General does not interpose any objection to the specified
changes. However, we note that Section 5 expressly provides that the
failure of the Attorney General to object does not bar subsequent litigation
to enjoin the enforcement of the changes. Procedures for the
Administration of Section 5 of the voting rights Act (28 C.F.R. 51.41).
City Council Minutes
Regular Meeting -January 15, 2008 27
Sincerely,
/s/ John Tanner
Chief, Voting Section
The motion was made by Councilmember Lewis and seconded by Councilmember Beard
that Proposed Ordinance No. 5836 be amended as follows:
Councilmember Lewis stated that he is recommending that the City
Attorney request that the Justice Department consider rescinding the
above-mentioned letter. He stated that in rescinding this letter, it would
rescind the implementation of the majority vote on Positions 7 & 8;
making Positions 7 & 8 by plurality vote with the residential requirements,
until such time that a charter change to make the positions solely at large.
Councilmember Williamson called for a Point of Order.
Mayor Pro Tem Sinegal made the following statement for the record:
Bottom line is, and I am saying this for the record. I am out of here in May.
So, if it holds me over a day more, I am voting against it.
Councilmembers Chatman, Jones and Williamson left the meeting at 12:10 a.m.
Because of a lack of a quorum, the City Council Meeting ended at 12:11 a.m.,
therefore, no action was taken on the following Agenda Items:
(5) P. O. No. 5837 - An Ordinance Authorizing The City
Manager. And City Attorney To Transfer The Building And
Lot At Memorial Boulevard And 32nd Street To The Truth 8c
Education Corporation (Requested By Councilmember
Lewis)
C. *Reaorts And Recommendations
(i) November, 2007 Financial Report
(2) Report On South County Economic Development
(Requested By Councilmember Flood)
(3) Report On January 26, 2008 Council Retreat (8:30AM)
VIII. REPORTS OF BOARDS & COMMITTEES -None
IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS -None
An audio-tape of this meeting is on file in the office of the City Secretary and is made a
part of the official minutes of this meeting.
X. ADJOURNMENT OF MEETING -None
MAYOR DELORIS "BOBBIE" PRINCE
ATTEST:
ACTING CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD January 15, 2008. APPROVED:
City Council Minutes
Regular Meeting -January 15, 2008 28