HomeMy WebLinkAboutFEBRUARY 24, 2009 REGULAR MEETINGREGULAR MEETING -February 24, 2009
I. INVOCATION, PLEDGE & ROLL CALL
Councilmember Henderson 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, February
24, 2009 at 8:35 a.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Deloris "Bobbie" Prince; Councilmembers Elizabeth "L'~iz"
Sf~gler, Morris Albright, III., Martin Flood, Robert E. "`Bob" Williamson and Thomas J.
`"l"om" Henderson; City Manager Steve Fitzgibbons, Acting City Secretary Terri HanN;s,
City Attorney Mark 'T. Sokolow, and Sergeant At Arms Chief of Police Mark Blanton.
Councilmember Dawana K. Wise arrived at the Regular Meeting at 8:40 a.m.
Councilmember John Beard, Jr. arrived at the Regular Meeting at 8:50 a.m.
Mayor Pro Tem Jack Chatman, Jr. arrived at the Regular Meeting at 1:37 p.m.
II. PROCLAMATIONS & MINUTES
Proclamations -None
Minutes
February 10, 2009 Special Meeting
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
and carried unanimously, the City Council approved the above-mentioned minutes.
III. PETITIONS & COMMUNICATIONS
A. Speakers -None
B. Presentations
(1) U.S. Census 2010 -Complete Count Committee -Billy
Pruett, Partnership Specialist, U.S. Census Bureau
The above-mentioned presentation was held later during the Regular Meeting.
(2) Community Development Block Grant Non-Profit
Applications
The above-mentioned presentation was held at 1:30 p.m. during the Regular Meeting.
(3) Port Arthur Teen Court Presentation
First Assistant City Attorney Valecia Tizeno appeared before the City Council to conduct
an overview of the Teen Court Anger Management Program conducted by Mr. Godfrey
Chharles and Mrs. Phyllis Charles. Ms. Tizeno introduced Memorial Ninth Grade Student
James Green.
Mr. James Green, 1614 Village East, Apartment 167, appeared before the City Council
to present the following bookmark related to resolving anger and conflict:
JAMES GREEN
ABC METHOD A:
What caused you to be Angry? She called me a
bad name. I asked my teacher to go to the
restroom and she said no and it angered me.
ABC METHOD B:
The Behavior that pulls your anger? What did
you do when you got angry? I yel led at them. I
told a boy in my class that I was going to hit
him in the eye.
ABC METHOD C:
The Consequences of my anger. I was
grounded for two weeks.
The SAT plan is to Stop relax And Think.
WEAPONS FOR PEACE
1. Count to 10
2. Walk Away
3. Pray or Meditate
4. Pursue Active Pastimes
5. Talk It Through
6. Talk to a Caring Adult SAT
Ms. Stephanie Green, 1614 Village East, Apartment 167, appeared before the City
Council to discuss her son's accomplishments through the Anger Management Program
and expressed gratitude for the youth program.
Councilmember Dawana K. Wise joined the Regular Meeting at 8:40 a.m.
VII. ITEMS REQUIRING INDIVIDUAL ACTION
A. Resolutions
(1) P.R. No. 15079 - A Resolution As It Pertains To Entering
Into A Rental License And Services Agreement With Hart
InterCivic For The May 2009 General And Special Elections
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Vl/illiamson that Proposed Resolution No. 15079 be adopted.
Councilmember John Beard, Jr. joined the Regular Meeting at 8:50 a.m.
Acting City Secretary Terri Hanks appeared before the City Council to introduce Hart
Intercivic Sales Representative Ken Tretheway.
Hart Intercivic Sales Representative Ken Tretheway, 15500 Wells Port Drive, Austin,
Texas, appeared before the City Council to demonstrate Hart InterCivic eS/ate electronic
voting equipment.
Councilmember Albright and Councilmember Williamson left the Council Chamber at
9:00 a.m..
Proposed Resolution No. 15079 was adopted becoming Resolution No. 09-054.
Voting Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-054 reads as follows:
City Council Minutes 2
Regular Meeting -February 24, 2009
RESOLUTION NO. 09-054
A RESOLUTION AS IT PERTAINS TO
ENTERING INTO A RENTAL LICENSE AND
SERVICES AGREEMENT WITH HART
INTERCIVIC FOR THE MAY 2009
GENERAL AND SPECIAL ELECTIONS
III. PETITIONS AND COMMUNICATIONS
B. Presentations
(1) U.S. Census 2010 -Complete Count Committee -Billy
Pruett, Partnership Specialist, U.S. Census Bureau
U.S. Census Bureau Partnership Specialist Billy Pruett, 1325 Cherry Road, Vidc-r, Texas,
appeared before the City Council to discuss the 2010 Census Complete Count
Committee as shown in Exhibit "A". Mr. Pruett acknowledged Human F;esourc;es
Director Albert Thigpen as the Complete Count Committee Coordinator.
Councilmember Albright and Councilmember Williamson returned to the Council
Chamber at 9:06 a„m.
C. Corresuondence -None
IV. PUBLIC HEARINGS - 9:00 AM -None
V. UNFINISHED BUSINESS
P. R. 15055 - A Resolution As It Pertains To Eagle Ridge
Apartments, Ltd. (Requested By Councilmembers Williamson,
Henderson, And Albright)
The Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Williamson and seconded by Councilmemt~er
Henderson that Proposed Resolution No. 15055 be adopted.
City Manager Steve Fitzgibbons reported that the Eagle Ridge Representatiives have
withdrawn their application and recommended removal of the Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Councilmember
Henderson and carried unanimously, Proposed Resolution No. 15055 was removed.
Proposed Resolution No. 15055 was removed.
VI. CONSENT AGENDA
Upon the motion of Councilmember Albright, seconded by Councilmember Villiamson
and carried unanimously, the following Consent Agenda items were adopted:
A. Consideration And Approval Of Payment To Waukesha-
Pearce Industries, Inc,, In The Amount Of $5,050 For
Rental Equipment Used For The 2008 City Streets Program
B. Consideration And Approval Of Payment To In/and
Environments, Ltd,, In The Amount Of $9,880 For The
Demolition Of Fire Station #4 (Damaged By Hurricane Ike)
C. Consideration And Approval Of Payment To Specia/ty
Supp/y & Insta//ation, LLC., In The Amount Of $7,700 For
Repairs To A Mover System For Telescopic Bleachers At The
Robert A. "Bob" Bowers Civic Center (Damaged By
Hurricane Ike)
City Council Minutes 3
Regular Meeting -February 24, 2009
D. Consideration And Approval Of Payment To C/inica/ Image
Management Systems In The Amount Of $5,187 For The
Annual Maintenance Agreement For The X-Ray Machine At
The Health Department
E. Consideration And Approval Of Payment To De// (Through
DIR Pricing) In The Amount Of $5,302.02 For The Purchase
Of Six OptiPlex 760 Computers For The Nurse-Family
Partnership Program
F. Consideration And Approval Of Payment To Reich Company
In The Amount Of $114,873 For Repairs To The Landfill's
Leachate Collection System (Damaged By Hurricane Ike)
G. Consideration And Approval Of Payment To Service Pump
And Compressor In The Amount Of $14,464 For A
Replacement Engine For The Landfill Pump Station
(Damaged By Hurricane Ike)
H. Consideration And Approval Of Payment To Mustang
Tractor And Equipment In The Amount Of $8,436 For
Repairs To The Landfill D6R Bulldozer (Unit #1336)
I. Consideration And Approval Of Payment To Houston Area
Library Automated Network In The Amount Of $37,049 For
Computer Services For The Port Arthur Public Library
J. Consideration And Approval Of Payment To JLaday
Construction In The Amount Of $9,900 For Repairs To
Baseball Field Dugouts And Covered Canopy Areas At
Various Parks (Damaged By Hurricane Ike)
K. Expense Report:
City Attorney Mark T. Sokolow:
Attend Real Property Foreclosure Workshop,
Houston, TX
February 18, 2009 $704.44
Acting City Secretary Terri Hanks:
Attended TCAA Basic Municipal Law Conference,
Austin, TX
February 12-14, 2009 $687.97
Resolutions -Consent
(1) P. R. No. 15084 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Grass Mowing Contract
With Affordable Lawn Care For Grass Cutting Services Of
Privately-Owned And City-Owned Developed Lots In An
Area Of The City Designated As Area A-1, To Be Charged To
Account No. 001-1401-551.59-00
Proposed Resolution No. 15084 was adopted becoming Resolution No. 09-055.
(2) P. R. No. 15085 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Grass Mowing Contract
With Affordable Lawn Care For Grass Cutting Services Of
Privately-Owned And City-Owned Vacant Lots In An Area
Of The City Designated As Area A-1, To Be Charged To
Account No. 001-1401-551.59-00
Proposed Resolution No. 15085 was adopted becoming Resolution No. 09-056.
Ci1ty Council Minutes 4
Regular Meeting -February 24, 2009
(3) P. R. No. 15086 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract With T & S Lawn
Service For Grass Cutting Services Of Privately-Owned And
City-Owned Developed Lots In An Area Of The City
Designated As Area A-2, To Be Charged To Account No.
001-1401-551.59-00
Proposed Resolution No. 15086 was adopted becoming Resolution No. 09-057.
(4) P. R. No. 15087 - A Resolution Awarding A Bid And
Authorizing The Execution Of A Contract With T & S Lawn
Service For Grass Cutting Services Of Privately-Owned And
City-Owned Vacant Lots In An Area Of The City Designated
As Area A-2, To Be Charged To Account No. 001-1401-
551.59-00
Proposed Resolution No. 15087 was adopted becoming Resolution No. 09-058.
(5) P. R. No. 15095 - A Resolution Authorizing The Executian
Of A Pipeline Crossing Contract In The Amount Of $1.00
For The 39t" Street Lift Station Force Main Diversion
Project No. 426013, Between The City Of Port Arthur And
Kansas City Southern Railway Company, A Missouri
Corporation, Account No. 426-1625-532.83-00, Project No.
426013
Proposed Resolution No. 15095 was adopted becoming Resolution No. 09-059.
(6) P. R.. No. 15100 - A Resolution Accepting The Sub-
Recipient Award Grant Adjustment Notice For The 2008
State Homeland Security Grant Program Projected At
$135,000 For The State Homeland Security Program
(SHSP) And $89,700 For The Law Enforcement Activities
Program (LEAP) For A Total Award Of $224,700
Proposed Resolution No. 15100 was adopted becoming Resolution No. 09-060.
(7) P. R. No. 15102 - A Resolution As It Pertains To Setting
Public Hearings As To The Disannexation Of Property As
Requested By The City Of Groves
Proposed Resolution No. 15102 was adopted becoming Resolution No. 09-061.
(8) P. R. No. 15103 - A Resolution Authorizing The City
Manager To Do All Things Necessary To Execute Settlement
Of The Property Damage Subrogation Claim In The Amount
Of $9,834.73 Made Against Leonel Charly And Bristol West
Insurance Group
Proposed Resolution No. 15103 was adopted becoming Resolution No. 09-062.
(9) P. R.. No. 15104 - A Resolution Authorizing The City
Manager To Execute A Financial Advisory Agreement With
First Southwest Company
Proposed Resolution No. 15104 was adopted becoming Resolution No. 09-063.
(10) P. R. No. 15105 - A Resolution Authorizing The Final
Renewal Of A Grass Cutting Services Contract With Trey's
Tractor Services For Cutting Of The Port Arthur Business
Park Located At 9555 W. Port Arthur Road
Proposed Resolution No. 15105 was adopted becoming Resolution No. 09-064.
Ciiy Council Minutes 5
Regular Meeting -February 24, 2009
(11) P. R. No. 15108 - A Resolution Authorizing The City Of Port
Arthur To Publish A Request For Qualifications For A
Design/Build Firm For A New Gymnasium/Multi-Purpose
Building As An Addition To The Port Arthur Recreation And
Senior Citizen Center
Proposed Resolution No. 15108 was adopted becoming Resolution No. 09-065.
(12) P. R. No. 15109 - A Resolution Authorizing The City Of Port
Arthur To Publish A Request For Qualifications For A
Design/Build Firm For The Construction Of A Fire Station
Proposed Resolution No. 15109 was adopted becoming Resolution No. 09-066.
(13) P. R. No. 15110 - A Resolution Authorizing The Executian
Of A Contract For The Rental Of A Backhoe With A
Hydraulic Hammer Attachment From Sunbelt Rentals, Inc.
In The Total Amount Of $22,750.00. Account No. 301-
1601-591.86-00 Project #GO-806
Proposed Resolution No. 15110 was adopted becoming Resolution No. 09-067.
(14) P. R. No. 15111 - A Resolution Authorizing The Execution
Of An Agreement For Independent Professional Services
Between The City Of Port Arthur And Octave ]acques, A
Certified Medical Technologist, To Provide Contract
Services For The City's Laboratory
Proposed Resolution No. 15111 was adopted becoming Resolution No. 09-068.
(15) P. R. No. 15114 - A Resolution Accepting A Water Utilities
Easement From AA Allspace Ltd. For The Construction,
Installation, Laying, And Maintaining Of Water Utilities In
The City Of Port Arthur
Proposed Resolution No. 15114 was adopted becoming Resolution No. 09-069.
(16) P. R. No. 15116 - A Resolution Re-Appointing Dr. William
D. George As The Health Authority For The City Of Port
Arthur Pursuant To Section 121.023 Of The Texas Health
And Safety Code
Proposed Resolution No. 15116 was adopted becoming Resolution No. 09-070.
(17) P. R. No. 15121 - A Resolution Authorizing The City
Manager To Enter Into A Contract For Roof Replacement
And Other Incidental Repairs To Fire Station #8 With KT
Maintenance Of Port Arthur, Texas In The Amount Of
$46,400
Proposed Resolution No. 15121 adopted becoming Resolution No. 09-071.
VII. ITEMS REQUIRING INDIVIDUAL ACTION -NON-CONSENT
A. Resolutions
(1) P.R. No. 15079 - A Resolution As It Pertains To Entering
Into A Rental License And Services Agreement With Hart
Intercivic For The May 2009 General And Special Elections
The above-mentioned Proposed Resolution was previously adopted.
City Council Minutes 6
RE:gular Meeting -February 24, 2009
(2) P.R. No. 15101 - A Resolution As It Pertains To The Paper
Statement Service Charge Of Texas & Kansas City Cable
Partners, L. P./Time Warner (Requested By Councilmember
Henderson)
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Henderson
ar~d carried unanimously, Proposed Resolution No. 15101 was adopted t~ecoming
Resolution No. 09-072.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-072 reads as follows:
RESOLUTION NO. 09-072
A RESOLUTION AS IT PERTAINS TO THE
PAPER STATEMENT SERVICE CHARGE OF
TEXAS & KANSAS CITY CABLE PARTNERS,
L.P./TIME WARNER (REQUESTED BY
COUNCILMEMBER HENDERSON)
(3) P.R. No. 15112 - A Resolution As It Pertains To The
Demolition Costs Involving The Drago Property
Tlhe Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15112 be adopted.
Community Services Director Lawrence Baker appeared before the City Council to
address inquiries related to demolition specifications.
Proposed Resolution No. 15112 was adopted becoming Resolution No. 09-073.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-073 reads as follows:
RESOLUTION NO. 09-073
A RESOLUTION AS IT PERTAINS TO THE
DEMOLITION COSTS INVOLVING THE
DRAGO PROPERTY
(4) P.R. No. 15113 - A Resolution Approving Change Order No.
2, Final Payment And Release Of Retainage Of The Contract
Between Excavators & Constructors, Ltd. And The City Of
Port Arthur Section 4A Economic Development Corporation
For Construction Of ]ade Avenue
The Mayor introduced the above-mentioned Proposed Resolution.
Z"he motion was made by Councilmember Albright and seconded by Councilmember
Henderson that Proposed Resolution No. 15113 be adopted.
City Council Minutes 7
F:egular Meeting -February 24, 2009
EDC Executive Director Floyd Batiste appeared before the City Council to confirm
completion of the project. Mr. Batiste discussed plans to reduce the speed limil: from 45
mph to 25 mph on .lade Avenue.
Proposed Resolution No. 15113 was adopted becoming Resolution No. 09-074.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Resolution No. 09-074 reads as follows:
RESOLUTION NO. 09-074
A RESOLUTION APPROVING CHANGE
ORDER NO. 2, FINAL PAYMENT AND
RELEASE OF RETAINAGE OF THE
CONTRACT BETWEEN EXCAVATORS &
CONSTRUCTORS, LTD. AND THE CITY OF
PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION FOR
CONSTRUCTION OF JADE AVENUE
(5) P. R. No. 15115 - A Resolution As It Pertains To Members
Of The Pleasure Island Commission
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Williamson, seconded by Councilmember- Albright
ar~d carried unanimously, Proposed Resolution No. 15101 was tabled.
Proposed Resolution No. 15101 was tabled.
(6) P. R. No. 15117 - A Resolution Approving The Payment Of
Invoices For Engineering Services To Science Engineering,
Ltd. For Construction Material Testing For The Jade Avenue
Expansion Project Designed And Engineered By Arceneaux
& Gates Consulting Engineer, Inc.
The Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Henderson, seconded by Councilmember Williamson
and carried unanimously, Proposed Resolution No. 15117 was adopted becoming
Resolution No. 09-075.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None,
Tlhe caption of Resolution No. 09-075 reads as follows:
RESOLUTION NO. 09-075
A RESOLUTION APPROVING THE
PAYMENT OF INVOICES FOR
ENGINEERING SERVICES TO SCIENCE
ENGINEERING, LTD. FOR
CONSTRUCTION MATERIAL TESTING FOR
THE JADE AVENUE EXPANSION PROJECT
DESIGNED AND ENGINEERED BY
ARCENEAUX & GATES CONSULTING
ENGINEER, INC.
Ciity CounciY Minutes 8
Regular Meeting -February 24, 2009
(7) P.R. No. 15118 - A Resolution Appointing/Reappointing A
Member Or Members To The Library Board
Tree Mayor introduced the above-mentioned Proposed Resolution.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
ar~d carried unanimously, Proposed Resolution No. 15118 was tabled.
Proposed Resolution No. 15118 was tabled.
(8) P.R. No. 15120 - A Resolution Authorizing The Mayor And
Or The City Manager To Attend And Conduct A Public
Hearing At The Offices Of The Port Of Port Arthur, 221
Houston Avenue, Port Arthur, On March 12, 2009 At 9:00
A.M. Regarding The Issuance And Approval Of Port Of Port
Arthur Navigation District Of ]efferson County, Texas
Exempt Facilities Revenue Bonds (TOTAL Petrochemicals
USA, Inc. Project) Series 2009 In The Aggregate Principal
Amount Of $50,000,000, As Per 26 USCS Section 147
Tree Mayor introduced the above-mentioned Proposed Resolution.
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15120 be adopted.
City Attorney Mark Sokolow read the following amendment into the record:
WHEREAS, the City Council of the City of Port Arthur finds it to be
in the best interest of the citizens of the City of Port Arthur to authori;ze
the Mayor and/or the City Manager and/or the Acting City Manager to
attend and conduct a public hearing at 9:00 a.m. on March 12, 2009,
regarding the issuance and approval of Port of Port Arthur Navigation
District of Jefferson County, Texas Exempt Facilities Revenue Bonds
(TOTAL Petrochemicals USA, Inc. Project) Series 2009 in the aggregate
principal amount of $50,000,000, as per 26 USCS Section 147, as more
fully discussed in the memorandum attached hereto as Exhibit'~A".
The motion was made by Councilmember Albright and seconded by Councilmember
Williamson that Proposed Resolution No. 15120 be adopted as amended by the City
Attorney.
Proposed Resolution 15120 was adopted as amended becoming Resolution No. 09-07E~.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None.
Trie caption of Resolution No. 09-076 reads as follows:
RESOLUTION NO. 09-076
A RESOLUTION AUTHORIZING THE
MAYOR AND OR THE CITY MANAGER TO
ATTEND AND CONDUCT A PUBLIC
HEARING AT THE OFFICES OF THE PORT
OF PORT ARTHUR, 221 HOUSTON
AVENUE, PORT ARTHUR, ON MARCH 12,
2009 AT 9:00 A.M. REGARDING THE
ISSUANCE AND APPROVAL OF PORT OF
PORT ARTHUR NAVIGATION DISTRICT
OF JEFFERSON COUNTY, TEXAS EXEMPT
FACILITIES REVENUE BONDS (TOTAL
PETROCHEMICALS USA, INC. PROJECT)
City Council Minutes 9
Regular Meeting -February 24, 2009
SERIES 2009 IN THE AGGREGATE
PRINCIPAL AMOUNT OF $50,000,000, AS
PER 26 USCS SECTION 147
B. Ordinances
(1) P. O. No. 5973 - An Ordinance Providing For The Conduct
Of A Special Election On May 9, 2009 To Submit A
Proposition As To Whether Or Not The Existing Section 4A
Sales Tax Shall Be Utilized For Various Categories Of
Projects As Described In Section 4B Of Article 5190.6,
Vernon's Texas Code Annotated, And Providing For
Publication Of The Election Notice
P.O. No. 5973 - UN ESTATUTO QUE PREVE EL LLEVAR A
CABO UNA ELECCION ESPECIAL EL 9 DE MAYO, 2009 PARR
SOMETER PROPOSICIONES SI EN TODD CASO LA SECCION
4A DEL IMPUESTO DE VENTAS EXISTENTE SERA
UTILIZADA PARR VARIAS CATEGORIAS DE PROYECTOS
SEGUN LO DESCRITO EN LA SECCION 4B DEL ARTICULO
5190.6, EL CODIGO DE VERNON DE TEXAS ANOTDO, Y
PREVIENDO LA PUBLICACION DEL AVISO DE LA ELECCION
Tree City Manager introduced the above-mentioned Proposed Ordinance.
Councilmember Albright recused himself from the above-mentioned item and filed a
conflict of interest affidavit with the Acting City Secretary.
Upon the motion of Councilmember Beard, seconded by Councilmember Williamson ar~d
carried unanimously, Proposed Ordinance No. 5973 was adopted becoming Ordinance
No. 09-15.
Voting Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Williamson, Wise and
Henderson.
Voting No: None.
The caption of Ordinance No. 09-15 reads as follows:
ORDINANCE NO. 09-15
AN ORDINANCE PROVIDING FOR THE
CONDUCT OF A SPECIAL ELECTION ON
MAY 9, 2009 TO SUBMIT A PROPOSITION
AS TO WHETHER OR NOT THE EXISTING
SECTION 4A SALES TAX SHALL BE
UTILIZED FOR VARIOUS CATEGORIES OF
PROJECTS AS DESCRIBED IN SECTION
4B OF ARTICLE 5190.6, VERNON'S TEXAS
CODE ANNOTATED, AND PROVIDING FOR
PUBLICATION OF THE ELECTION NOTICE
UN ESTATUTO QUE PREVE EL LLEVAR. A
CABO UNA ELECCION ESPECIAL EL 9 DE
MAYO, 2009 PARR SOMETER
PROPOSICIONES SI EN TODD CASO LA
SECCION 4A DEL IMPUESTO DE VENTAS
EXISTENTE SERA UTILIZADA PARR
VARIAS CATEGORIAS DE PROYECTOS
SEGUN LO DESCRITO EN LA SECCION 4B
DEL ARTICULO 5190.6, EL CODIGO DE
VERNON DE TEXAS ANOTDO, Y
PREVIENDO LA PUBLICACION DEL AVISO
DE LA ELECCION
Ciry Council Minutes 10
RE~gular Meeting -February 24, 2009
(2) P.O. No. 5980 - An Ordinance Amending The Zoning
Ordinance Of The City Of Port Arthur By Granting A Specific
Use Permit For A Pet Grooming Business At 2726 62"d
Street (Lot 3 Block 8 Of Port Acres Addition Port Arthur,
Jefferson County, Texas) A 1.5 Acre Lot East Of Jade And
South Of 62"d Street
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember
Williamson and carried unanimously, Proposed Ordinance No. 5980 was adoptE:d
bE~coming Ordinance No. 09-16.
Voting Yes: Mayor Prince; Councilmembers Segler, Flood, Beard, Williamson, Wise and
Henderson.
Voting No: None.
The caption of Ordinance No. 09-16 reads as follows:
ORDINANCE NO. 09-16
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF PORT
ARTHUR BY GRANTING A SPECIFIC USE
PERMIT FOR A PET GROOMING
BUSINESS AT 2726 62ND STREET (LOT 3
BLOCK 8 OF PORT ACRES ADDITION
PORT ARTHUR, ]EFFERSON COUNTY,
TEXAS) A 1.5 ACRE LOT EAST OF ]ADE
AND SOUTH OF 62ND STREET
Councilmember Albright returned to the Council Chamber at 9:45 a.m.
(3) P.O. No. 5982 - An Ordinance Designating The Assistant
City Managers As Acting City Manager In Case Of The
Absence Or Disability Of The City Manager; Outlining The
Authority Of The Acting City Manager, Repealing All
Ordinances In Conflict Herewith; And Providing For An
Effective Date
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember Flood aind
carried unanimously, Proposed Ordinance No. 5982 was adopted becoming Ordinance
No. 09-17.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None„
Tlhe caption of Ordinance No. 09-17 reads as follows:
ORDINANCE NO. 09-17
AN ORDINANCE DESIGNATING THE
ASSISTANT CITY MANAGERS AS ACTING
CITY MANAGER IN CASE OF THE
ABSENCE OR DISABILITY OF THE CITY
MANAGER; OUTLINING THE AUTHORITY
OF THE ACTING CITY MANAGER,
REPEALING ALL ORDINANCES IN
Ciity CounciN Minutes
Regular Meeting -February 24, 2009
CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE
(4) P.O. No. 5983 - An Ordinance Authorizing The City
Manager To Do All Things Necessary To Execute Settlement
Of A Claim In The Amount Of $10,073,33 Made Against
Texas Municipal League Intergovernmental Risk Pool
(TML) As A Result Of The Property Damage To City Police
Vehicle #1648
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember W'illiamsan
arld carried unanimously, Proposed Ordinance No. 5983 was adopted becoming
Ordinance No. 09-18.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None.
The caption of Ordinance No. 09-18 reads as follows:
ORDINANCE NO. 09-18
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS
NECESSARY TO EXECUTE SETTLEMENT
OF A CLAIM IN THE AMOUNT OF
$10,073,33 MADE AGAINST
TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL RISK POOL (TML)
AS A RESULT OF THE PROPERTY DAMAGE
TO CITY POLICE VEHICLE #1648
(5) P.O. No. 5984 - An Appropriation Ordinance Amending The
Budget For The Fiscal Year Beginning October 1, 2008 And
Ending September 30, 2009 As To Provide Additional
Funding For Additional Staff In The Finance Department,
Reverend Dr. Ransom Howard Street And West Side
Historical Marker
The City Manager introduced the above-mentioned Proposed Ordinance.
Upon the motion of Councilmember Albright, seconded by Councilmember Williamson
ar~d carried over the dissenting vote of Councilmember Henderson, Proposed C)rdinance
No. 5984 was adopted becoming Ordinance No. 09-19.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson
and Wise.
Voting No: Councilmember Henderson.
The caption of Ordinance No. 09-19 reads as follows:
ORDINANCE NO. 09-19
AN APPROPRIATION ORDINANCE
AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1,
2008 AND ENDING SEPTEMBER 30, 2009
AS TO PROVIDE ADDITIONAL FUNDING
FOR ADDITIONAL STAFF IN THE
FINANCE DEPARTMENT, REVEREND DR.
City Council Minutes 12
RE~gular Meeting -February 24, 2009
RANSOM HOWARD STREET AND WEST
SIDE HISTORICAL MARKER
(6) P.O. No. 5985 - An Ordinance As It Pertains To The
Pleasure Island Commission And The Sale Of Property
The City Manager introduced the above-mentioned Proposed Ordinance.
The motion was made by Councilmember Williamson and seconded by Councilmember
Albright that Proposed Ordinance No. 5985 be adopted.
City Attorney Mark Sokolow read Exhibit'~A" into the record:
EXHIBIT "A"
Except for earnest money contracts that have already been signE~d,
the Pleasure Island Commission is no longer authorized to sell any
additional land or condominium units as it pertains to the Sea Cat~in
Condominiums, Mariner's Cove and LaFitte's Landing I and II. The City vvill
consider future sale of individual lots, condominium units or otrier
property on a per case basis.
The Pleasure Island Commission is also requested to provide a
report with information as to how it has used sales proceeds for capital
improvements in the past and how it plans to use sales proceeds i~or
capital improvements in the future.
Proposed Ordinance No. 5985 was adopted becoming Ordinance No. 09-20.
Voting Yes: Mayor Prince; Councilmembers Segler, Albright, Flood, Beard, Williamson,
Wise and Henderson.
Voting No: None„
Tlhe caption of Ordinance No. 09-20 reads as follows:
ORDINANCE NO. 09-20
AN ORDINANCE AS IT PERTAINS TO THE
PLEASURE ISLAND COMMISSION AND
THE SALE OF PROPERTY
C. *Reports And Recommendations
A Report As To Citations Being Issued Against Persons Who
Commit An Offense By Parking In Designated Disabled Parking
Spaced (Requested By Councilmember Flood)
City Manager StevE~ Fitzgibbons presented the above-mentioned report.
Chief of Police Mark Blanton appeared before the City Council to confirm that the Pollice
Department would provide identification vests to the Port Arthur Neighborhood Action
Council (P.A.N.A.C.).
VIII. REPORTS OF BOARDS & COMMITTEES -None
IX. *CLOSED MEETING (EXECUTIVE SESSION)
Closed Meetin4:
(1) Section 551.087 Government Code - To Discuss Incentives
As To Commercial, Industrial, And Residential Business
Prospects
City Council Minutes 13
Regular Meeting -February 24, 2009
(2) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation As It Pertains To Williams
& Rao
(3) Section 551.071 Government Code - To Discuss With The
City Attorney Pending Litigation And Appeal As To
Worsham Vs City And PIC
(4) Section 551.071 Government Code - To Discuss With The
City Attorney Potential Litigation With Jerry Norris
Councilmember Flood left at 10:12 a.m. during the Executive Session.
The City Council recessed their Regular Meeting at 9:57 a.m. to meet in Executive
SE:ssion to consider the above-mentioned topics, and reconvened their Regular Meeting
at: 11:54 a.m. with the following members present: Mayor Prince; Councilmembers
SE~gler, Albright, Beard, Williamson, Wise and Henderson; City Manager Fitzgibbons;
Acting City Secretary Hanks; City Attorney Sokolow and Sergeant At Arms Chief of
Police Blanton.
Upon the motion of Councilmember Beard, seconded by Councilmember Williarson aind
carried unanimously, the City Council recessed their meeting at 11:55 a.m.
The City Council reconvened their meeting at 1:34 p.m. with the following members
present: Mayor Prince; Councilmembers Segler, Albright, Wise and Henderson; City
Manager Fitzgibbons; Acting City Secretary Hanks; City Attorney Sokolow and Sergeant
Ai: Arms Chief of Police Blanton.
X. FUTURE AGENDA ITEMS
Mayor Prince:
Mayor Prince requested a workshop to establish a vision for the City of Port Arthur.
Mayor Pro Tem Chatman:
As the request of Mayor Pro Tem Chatman, Acting City Secretary Terri Hanks read the
following Future Agenda Items into the record:
(1) Requested a report on the criteria governing grass cutting evaluations and
inspections.
(2) Requested an executive session item to discuss the appointment of
election officials and the early voting ballot board.
III. PETITIONS AND COMMUNICATIONS
B. Presentations
(2) Community Development Block Grant Non-Profit
Applications
Grants Director Mary Essex appeared before the City Council to open Ithe 2009
Community Development Block Grant (C.D.B.G.) Public Interviews. Mr•s. Essex
addressed inquiries related to the application process and the 2009 C.D.B.G. proposed
funding allocations.
Grants Director Mary Essex stated that Lamar State College, Scholarship Program is
requesting funding in the amount of $16,000.
A Lamar State College Representative was not present.
Nlavor Prince read 'the following C.D.B.G. allocation report into the record:
City Council Minutes 14
Regular Meeting -February 24, 2009
APPLICANT
_ NUMBER OF
YEARS FUNDING
HAS BEEN
RELIEVED
Port Arthur YMCA 10 ears
Catholic Charities 10 ears
Pro ram of Health Excellence 10 ears
P.A.N.A.C. 10 ears
Nutrition and Services for Seniors 7 ears
Salvation Arm 4 ears
Port Arthur Flyers Track Club 8 ears
SET Campfire 10 ears
SET Regional Plannin Commission 10 ears
Port Cities Rescue Mission 8 ears
Communit~r Retirement Home 5 ears
Lamar State College 4 ears
LAW Academ~_ 2 ears
Gift of Life 1 ear
M<~yor Pro Tem Jack Chatman, Jr. joined the Regular Meeting at 1:37 p.m.
Grants Director Mary Essex stated that the Program of Health Excellence, Inc. is
requesting funding in the amount of $30,976 and an alternate funding arnount of
$27,104.
Program of Health Excellence Instructor Willie Mae Elmore, 2217 18t" Street, appeared
before the City Corancil to discuss providing health care training for low to rnoderate
income residents in Port Arthur. Mrs. Elmore added that the program assists with job
placement after completion of the health education program.
Grants Director Mary Essex stated that the Community Retirement Home is requesting
funding in the amount of $4,000 and an alternate funding amount of $3,000.
Community Retirement Home Vice President John Anderson, 3141 Procter StreE~t,
appeared before the City Council to address providing rooms, meals, housekeeping and
a secure living environment for elderly residents at a reasonable cost.
Grants Director Mary Essex stated that the Experience Corps is requesting funding in
the amount of $25,000 and an alternate funding amount of $15,000.
Experience Corps Southeast Texas Director Stephanie Pearson, 2210 Eastex Freeway,
BE:aumont, Texas appeared before the City Council to speak on engaging they tutoring
services of citizens to address the literacy needs of students.
Councilmember Williamson arrived in the Council Chamber at 1:50 p.m.
Grants Director Mary Essex stated that the James Hope Center is requesting funding in
the amount of $50,000 and an alternate funding amount of $35,000.
James Hope Center Administrator/Faith Based Counselor Jacqueline James, 3542 Ninth
Avenue, appeared before the City Council to discuss providing faith based services
dedicated to spiritual growth, educational excellence, and therapeutic healing.
Grants Director Mary Essex stated that LAW (Love At Work) Academy is rE~questiing
fuinding in the $13,000 and an alternate funding amount of $7,500.
LAW Academy Chief Executive Officer Reverend Albert Moses and LAW Acaderny
Administrator Charlotte Moses, 1909 Jefferson Drive, appeared before the City Council
to speak on providing legal and counseling services to at-risk students.
Grants Director Mary Essex stated that the Port Cities Rescue Mission is requesting
funding in the amount of $30,000 and an alternate funding amount of $25,000.
City Council Minutes 15
Regular Meeting -February 24, 2009
Port Cities Rescue Mission Director Ken Hill, 535 Atlanta, appeared before the City
Council to discuss providing shelter services to the homeless by rendering recovery
services in a Christian environment.
Councilmember Albright left the Regular Meeting at 2:10 p.m.
Grants Director Mary Essex stated that the Port Arthur Neighborhood Action Council
(P.A.N.A.C.) is requesting funding in the amount of $12,000 and an alternate funding
arnount of $10,000.
P.,A.N.A.C. Interim President Shelba Spears, appeared before the City Council to discuss
providing neighborhood watch services that assist in crime prevention. Mrs. Spears
noted that the organization builds partnerships with citizens, the Police and Fire
Dc~partments and local government.
P.,A.N.A.C. Interim President Shelba Spears recognized the following neighborhood
action groups:
Concerned Citizens of Port Acres
Concerned Citizens of EI Vista, Vista Village and Montrose
Stonegate Neighborhood Action Group
Griffing Park Neighborhood Watch
Concerned Citizens of Park Place
Concerned Citizens of Pear Ridge
Concerned Citizens of Lakeview
Concerned Citizens of Highland Heights
Edison and Lee Neighborhood Action Group
Concerned Citizens of Port Arthur
Concerned Citizens for Safer Streets the West Side
Concerned Citizens of Lakeside-Palomar
Concerned Citizens of Sabine Pass
Councilmember Wise left the Regular Meeting at 2:17 p.m.
Grants Director Mary Essex stated that the Nutrition and Services for Seniors is
requesting funding in the amount of $13,715 and an alternate funding arnount of
$12,800.
Nuutrition and Services for Seniors Representative Laura Stutes, 4590 Concord Rd.,
Beaumont, Texas appeared before the City Council to discuss providing innovative
programs to assist older adults in leading quality lives while maintaining dignity and
independence.
Grants Director Mary Essex stated that the Port Arthur Flyers Track Club is requestinng
funding in the amount of $18,910 and an alternate funding amount of $16,660,.
Port Arthur Flyers Track Club Representative Ronald LeBlanc, 210 Fourth Avenue,
appeared before the City Council to address providing programs that assist the low aind
moderate income youth of the community in obtaining a higher level in academics aind
athletics by building self-esteem and confidence through the sport of track and field.
Grants Director Mary Essex stated that the Ellis Hospitality Center which is rc~questing
funding in the amount of $40,000 and an alternate funding amount of $30,000.
Ellis Hospitality Center Representative Audrey Levine, 1048 Woodworth, appeared
before the City Council to comment on providing services to the homeless, at-rusk
youth, and families and parents needing affordable child care.
Grants Director Mary Essex stated that the H.O.P.E. (Helping Our People ExcE~l) Centter
which is $4,906.00 with an alternate request of $3,475.00.
H.O.P.E. Community Organizer Tisha Armstead, 701 Reverend Dr. Ransom Howaird,
appeared before the City Council to discuss providing services to identify and remove
olbstacles that prevent families and citizens from reaching their individual potential.
City Council Minutes 16
Regular Meeting -February 24, 2009
H.O.P.E. Community Organizer Tisha Armstead recognized the following community
based agencies that provide the classes and services at the H.O.P.E. Center:
Port Arthur Prosecution Department - GED Classes
Christian Women's Job Corps -Computer Classes
South East Texas Regional Planning Commission -Drug Assessment & Referral
Boys-to-Men - A Boy's Rites Of Passage Classes
Butterfly Project - A Girl's Rites Of Passage Classes
Samaritan Counseling -Parenting and Successful Families Classes
Child Protective Services -Parenting and Family Services
Mayor Pro Tem Chatman left the Regular Meeting at 2:48 p.m.
The City Council lacked a quorum. C.D.B.G. presentations continued with no discussion
from the City Councilmembers.
Giants Director Mary Essex stated that the Catholic Charities is requesting funding in
the amount of $20,000 and an alternate funding amount of $18,000.
Catholic Charities (Development and Communication Director Kimberly Fowler, 39!59
Gulfway Drive, appeared before the City Council to speak on the benefits of providing
daily meals to homeless, elderly and disabled persons regardless of age, race, or
religion.
Grants Director Mary Essex stated that the YMCA is requesting funding in the amount of
$Ei,000 and an alternate funding amount of $4,500.
Yf~ICA Child Care Director Rhonda Bellows, 6760 Ninth Avenue, appeared before tlhe
City Council to discuss a variety of after school services that assist youth and families in
the development of~ healthy lifestyles and character development.
Girants Director Mary Essex stated that the Samaritan Counseling Center is rE~questiing
funding in the amount of $30,000 and an alternate funding amount of $15,000„
Samaritan Counseling Center of Southeast Texas Director of Operations Codie VasquE;z,
3;~47 Doctor's Drive, appeared before the City Council to comment on providinng
counseling services to promote healing and growth of mind, body and spirit.
Grants Director Mary Essex stated that the Gift of Life Program is requesting funding in
the amount of $7,500 and an alternate funding amount of $6,000.
Julie Rogers "Gift of Life" Program Chief Executive Officer Norma Sampson, 2390
D~owlen Road, Beaumont, Texas appeared before the City Council to address providinng
health services that: focuses on cancer detection and prevention.
Grants Director Mary Essex stated that the S.E.T. (South East Texas) Camp Fire U.S.A.
is requesting funding in the amount of $12,658 and an alternate funding request of
$!x,590.
S„E.T. Camp Fire USA Executive Director Lillie Green, 3037 25t" Street, appeared befc-re
trre City Council to discuss the benefits of group experiences, mentoring relationships,
youth decision making, community collaborations and partnerships, advocacy, learning,
self-reflection, and fun.
Grants Director Mary Essex stated that the I.E.A. (Inspire, Encourage, Achieve) Bein's
Kids is requesting funding in the amount of $4,900 and an alternate funding amount of
$3,675.
LE.A. Ben's Kids Development Director Annisa Eddy, 595 Orleans, Suite 920, Beaumoint,
appeared before the City Council to speak on providing an initiative toy support
educational programming and rehabilitative services for at-risk youth in Southeast
Texas.
City CounciN Minutes l7
Regular Meeting - Febiruary 24, 2009
XI. ADJOURNMENT OF MEETING
Due to a lack of quorum the February 24, 2009 Regular Council Meeting was concluded
at: 3:26 p.m.
MAYOR DELORIS "BOBBIE" PRINCE
ATTEST:
CITY SECRETARY TERRI HANKS
END OF REGULAR MEETING HELD February 24, 2009.
APPROVED:
City Council Minutes 18
Regular Meeting - FeC~ruary 24, 2009
I.xhibit "A"
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Compete Count Committee Action Guide
.___~.d___~_ ~. ~...__e_____.____ ~ _.~..~_ ~.~.:_ _~,
A Complete Count Committee is a team of community leaders appointed by the
highest elected official of a jurisdiction for the purpose of developing and
implementing a 2010 Census Awareness campaign. A Complete Count
Committee is charged with influencing every member of the jurisdiction to
complete the 2010 Census questionnaire in a timely and accurate manner.
The members will lead their community in the promotion of the 2010 Census
awareness campaign from now through October 2010.
3 }
Purpose
G __~ ~_ _ _____-___________~__~
• ~~lthough the Census questionnaires will not be delivered to households until
raid-March of 2010, the awareness campaign must start TODAY.
• 'T'he immediate formulation of a Complete Count Committee will ensure that
local residents are kept abreast of the various Census operations before the
information is nationally circulated
•:- 'The more informed residents are about the 2010 Census operations, the bei~ter
understanding of the census process becomes, thus increasing their willingness
to be a part of the successful enumeration in 2010.
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n Tt~er Futu r® Is In Our Hands
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':• CCC members participate in Census C:CC training
• Hold regularly scheduled meetings to report on tasks and
subcommittee activities
JAI~tIJARY- •:- Proceed with census-awareness activities generated by each
DEC;EMBER subcommittee
~~ a~9 •.
• Evaluate the activities for effectiveness
Modify action plan as needed
• Saturate community with at least ones census-awarene ss
activity each month
• Encourage community members to participate with census
workers during address canvassing
• Hold monthly CCC and subcomrnittee~ meetings
• Finalize plans for activities surrounding questionnaire
delivery days, and Census Day activities
SAN VARY +:' Review task lists and subcommittee activity plans
2 ~ 10 •• Proceed with. 2010 Census activities generated by
subcommittees
• Finalize plans for activities to encourage residents to
complete and return Census questionnaires
:• Develop and finalize plans for Nonresponse Fallow-up and
Census Coverage Measurement
•: Hold regular CCC and sub-committee meetings
FEBRUARY • Review and modify as needed plans for questionnaire
delivery, and Census Day activities
2r ~ 10
. • Review and modify as needed plans for Nonresponse Follow-
up and Census Coverage Measurement
• Finalize plans far all activities for March and April
• Check with sub-committee chairs on the number and location
of Questionnaire Assistance Centers and Be Counted sites
MARCH ':• Review and implement activities leading to Census Day:
~~010 April 1, 2010
CountdOWn ~
•o Finalize plans for all activities planned far the end of March
and the month of April
toCensus • Proceed with activities generated by subcommittees
Day ':• Send press release highlighting 2010 Census activity schedule
UniteaSgtes-
Census
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CENSUS DAY: APRIL 1, 2010
APRIL • Implement Census Day activities
2.010 • Hold daily activities to encourage residents to complete
The time questionnaires accurately and to return them quickly
• Evaluate activities and make changes as necessary
haS Come to • Prepare to implement activities far the Nonresponse Follow-up
aCt operation
• Keep the momentum of the census awareness campaigr,~ moving
strong
PUST-CENSUS DAY: MAY through JULY 2010
MAY • Hald meetings to review schedule of activities far the
through Nonresponse Follow-Up operations
JULY 2010 • Use all sources to encourage resident_~ to cooperate with census
workers
~tonresponSe • Proceed with implementation of activities generated by
Follow-llp subcommittees
(I`dRFU~ ':' Keep the momentum of the census awareness campaign strong.
Contact Census Bureau to ascertain the progress of Census
Coverage Measurement in your camm.unity
• lmplement activities to keep census awareness and interest
strong
• Continue to meet regularly to give anti receive 201D Census
progress reports
• Prepare summary report of CCC activities, operations, and
member feedback. Send a copy of report to Census Bureau
• Celebrate the success of the 2D1D Census enumeration and
recognize the efforts of the CCC members
"THANK YOU ONE MILLION TIMES!"
"wE COULD NOT HAVE DONE IT WITHOUT YOU!!!"
For the complete copy ofthe Complete Count Committee Operations Guide,-~
call the U.S. Census Bureau's Dallas Regional Census Center Partnership Staff
at (800) 563-6499
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t~~;1~~..3BL1.EIJ
Ce sus
2010