HomeMy WebLinkAbout(A) FEBRUARY O8, 2005 - SPECIALSPECTAL MEETTNG--February 8, 2005
ROLL CALL~ .rNVOCAT.rON & PLEDGE
The City Council of the City of Port Arthur met in a Special Meeting on Tuesday,
February 8, 2005 at 5:38 p.m. in the City Council Chamber, City Hall, with the following
members present: Mayor Oscar G. Ortiz; Mayor Pro Tem John Beard, Jr.;
Councilmembers Craig Hannah, Felix A. Barker, Thomas J. Henderson, Martin Flood,
Ronnie Thompson, Deloris "Bobble" Prince and Michael "Shane" Sinegal; City Manager
Steve Fitzgibbons; City Secretary Evangeline "Van" Green and City Attorney Hark T.
Sokolow.
The invocation was given by Councilmember Henderson and followed by the pledge to
the flag.
Hayor Ortiz announced that citizens requesting to speak would be required to sign in
and speakers would be limited to three minutes. The Mayor also requested audience
members to disable cellular phones and pages during the meeting.
*CLOSED MEET.rNG (EXECUT.rVE SESS.rON)
Closed Meetinq:
Section 551.071 Government Code - To Discuss With The City
Attorney Potential Litigation As To Processes, Staffing, And
Procedures As Tt Pertains To The City Of Port Arthur 4A Economic
Development Corporation.
The City Council recessed their meeting at 5:42 p.m. to meet in Executive Session to
consider the above-mentioned topic, and reconvened their meeting at 6:13 p.m. with
the following members present: Mayor Ortiz; Mayor Pro Tern Beard; Councilmembers
Hannah, Barker, Henderson, Flood, Thompson, Prince and Sinegal; City Manager
Fitzgibbons; City Secretary Green and City Attorney Sokolow.
'rT. ZTEM REQU.rR.rNG .rNDZVZDUAL ACT.rON
* P. R. No. 12023 - A Resolution Altering The Structure,
Organization, Programs, And Activities Of The Port Arthur Section
4A Economic Development Corporation (Requested By Mayor
Ortiz)
*NOTE:
P. R. No. 12023 was a typographical error;
inadvertently posted on the Agenda. The correct
Proposed Resolution No. is P. R. No. 13023 as
amended.
The Mayor introduced the above-mentioned Proposed Resolution,
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution No. 12023 *(P. R. No. 13023 as corrected) be
adopted.
The City Attorney read the following Proposed Resolution No. 12023 (*(P. R. No. 13023
as corrected) into the record:
WHEREAS, Section 34, Article 5190.6, V.T.C.A., states the
following:
AUTHORZTY TO ALTER OR D.rSSOLVE CORPORAT.rON
Sec. 34.
At any time the unit may, in its sole discretion, alter
the structure, organization, programs, or activities of
the corooration or terminate and cfissolve the
corporation, sub.~ect only to any limitation provided ~y
the constitution and laws of the state on the
im~)airment of contracts entered into by the
corporation. Such alteration or dissolution shall be
made by written resolution of the governing body of
the unit and as hereinafter provided; and
WHEREAS, the City Council is concerned as to the recent reports
from the City's auditor; and
WHEREAS, the City Council desires to alter the structure,
organization, programs, ano activities of the City of Port Arthur Section 4A
Economic Development Corooration; and
WHEREAS, the City Council deems it necessary to delete the
position of Executive Director; and
WHEREAS, the City Council is of the oelief that an alteration of the
structure and organization of the City of Port Arthur Section 4A Economic
Development Corporation would improve the efficient coordination and
management of incentive projects and programs between the City of Port
Arthur and the City of Port Arthur Section 4A Economic Development
Corporation; and
WHEREAS, the City Council is of the belief that it wi1 streamline
the efficient coordination and management of incentive projects and
programs between the City of Port Arthur and the City of Port Arthur
Section 4A Economic Development Corporation if the City Manager or his
designees provides the supervisory staff support that is needed by the
City of Port Arthur Section 4A Economic Development Corporation.
NOW THEREFORE~ BE 1-1' RESOLVED BY THE C?TY COUNCt'L
OF THE CI'TY OF PORT ARTHUR, TEXAS:
Section 2. That pursuant to Section 34, Article 5190.6; V.T.C.A.,
the structure, organization, programs and activities of the City of Port
Arthur Section 4A Economic Development Corporation is herein altered as
to specifically delete the position of Executive Director.
Section 3. That the City Hanager or his designees are herein
authorized to provide the supervisory staff support needed to fulfill the
duties of the Executive Director as requested by the Board of Directors of
the City of Port Arthur Section 4A Economic Development Corporation.
Section 4. That the City Manager or his designee shall take such
immediate measures as to accommodate the securing of office equipment,
office files, office supplies, vehicles, credit cards, and such other property
of the City of Port Arthur Section 4A Economic Development Corporation
utilized by the Executive Director as to enable immediate transition.
Section 5. That all resolutions in conflict herewith are hereby
repealed to the extent of their conflict, only.
Section 6. That this resolution will be effective on the adoption
of the Ordinance (P.O. 5496) amending the budget of the City of Port
Arthur Section 4A Economic Development Corporation.
Section 7. That a copy of the caption of this resolution shall be
spread upon the minutes of the City Council.
The motion was made by Councilmember Henderson and seconded by Councilmember
Thompson that Proposed Resolution No. 12023 *(P. R. No. 13023 as corrected) be
amended as stated by the City Attorney.
City Council Special Meeting February 8, 2005 Page 2
FOR A t4AI'I'ER OF RECORD, THE FOLLOWTNG TRANSCRIPTZON HAS BEEN
ENTERED INTO THE I~IINUTES:
Mayor Ortiz
Any discussion by Councilmembers regarding this resolution?
Councilwoman Prince.
Councilmember Prince:
Okay, for the record, :i want my remarks made for the record. One of them is
:I'm going to vote against this, of course ! think you all know that because :i don't
think the City Hanager should be in the business of managing the EDC. We have
an Executive Director. T'm sure we have enough votes to eliminate his position
tonight unfortunately, but I just don't think that we should be in the business of
managing the EDC. So, certainly ! want for the record my displeasure at what
we are about to do.
Hayor Ortiz
Councilmember Sinegal.
Councilmember Sineqal:
Yes, Mayor and Council. :i see the room is filled tonight. :i don't know the pros
and cons of why everyone's here. But, this is just a culmination of certain people,
:i believe. And for the record, Ms. Green, ! know what :i'm saying may show up in
court, but I just think this is wrong. I've been saying it all along this is wrong.
You cannot give a person a job, not give him the support, the tools to work with,
the staff, the board, an attorney to work with; sit back and then criticize him
because he didn't do his job.
(Aud/ence applause...tYayor Ort/z uses h/s gave/to restore order)
And :i've said it before, I'll say again, you cannot tie your shoes with people
shooting at you. So Mr. Hills did not do what we asked him to do which was
never was defined by this Council or the EDC Board, the EDC lawyer, attorney.
:if he did not do that, it's just as much our fault as his. And we can word this
resolution anyway we want to, Mr. Sokolow, but when we fire Hr. Mills, we fire
each and every one of us because we have not...
(Aud/ence applause...Mayor Ortiz uses h/s gave/to restore order)
Mayor Ortiz:
Folks, let me finish...Coach._Folks, if this happens one more time, :i am gonna
clear this Chamber and I can do it. And we will vote without you in here. Okay?
Please, let's have a little respect for everybody else. No more clapping, please.
:i'm asking you nicely. Coach...
Councilmember Sinegah
For those people who do not know, one of the reasons I beat a man that ran for
Mayor, he lost to Hayor Ortiz but he held bis seat which was a predominately
Caucasian seat is because they tried to fire Hr. Hills once before. I spoke the
truth in my platform that it was wrong then, and I'm speaking now, that it's
wrong now. Some people think I defend Mr. Hills, but when I took this seat, I
promised to defend the citizens of Port Arthur and ! am elected at large. And if
taxpayers have not got their money's worth out of the EDC because of certain
factions undermining the EDC that didn't want it to work.
And ! see a lot of people here that should be supporting the EDC and trying to
get it to do right. Someone asked me if Mr. Mills is the right EDC Director, I
City Council Special Meeting February 8, 2005 Page 3
couldn't tell you if he's a good EDC Director or not, because he's been defending
himself from day one. And it's wrong what we're doing now. And T'd like to go
on record that...my mother is in the audience...so anybody that thinks T'm
defending Mr. Hills can check with her. T'm defending what's right and this is
not right.
He has not had an evaluation, not one. Now anybody that has a job in the free
world knows, give me some paperwork showing me that Mr. Mills...not these
trumped up charges about the auditor's report, show me his performance in that
office. Show me an evaluation telling me that Mr. Hills has not done his job and
I11 be the first one to move that he be fired tonight. I haven't received one piece
of paper of evaluation. That is wrong. Whether or not he's a good Executive
Director, ! don't even want to argue that point. I wouldn't even waste yawl's
time in here. The fact is, this is wrong.
Since I've been on the Council, that's been the thorn in my side. Mr. Mills gets
blamed because the Seaman's Center didn't get put up. I'm gonna say this and
I'm gonna say it for the record. Those that's here for Mr. Mills and those that
are not: When an African American makes a decision in America he better be
right, because David Moore was wrong, he served his time. Mr. Mills questioned
what was going on because he was worried that it wasn't right and ! think that's
why we're here to get rid of him tonight. Anybody that don't like it can recall me
tomorrow.
Mayor Ortiz:
Councilmember Prince.
Councilmember Prince:
In this particular resolution, like Councilmember Sinegal has said, we have used
the phrase amending the budget and ! think what that is, is just mincing words
to fool the public. We are not amending the budget; we...they want to get rid of
Ike Mills.
Not Deloris Prince, T am not going to go on record as saying ! want to get rid of
Ike Mills. Ike Mills has not, as he said, has not had an evaluation. Certainly not
by the Council, since I've been on it, and that should've happened. We had an
attorney, he was fired. We have an attorney, the City Attorney, who is supposed
to be working with the EDC to make sure that things are legally proper and !'m
not sure that is happening. He's never been given a full board or staff and we
want to get rid of him. We have not helped Mr. Mills. We have hindered Mr.
Mills. And we also know what the recourse is that Mr. Mills is going to take. And
it's going to be your tax dollars that are gonna pay for it.
Mayor Ortiz:
Councilman Flood.
Councilmember Flood:
Let me just say for the record, also, that ! was once the Chairman of the EDC
Board and I was asked by one of the members on the Council to fire Mr. Mills,
and T told this member that I will not. I will not. I was appointed seat.
This man makes a living at this. He has kids in college. He has a family he has
to take care. ! will not make a malicious attempt to bring any harm to his family.
You won't use me to do it. I'm not afraid of anybody. And I'm gonna stand my
ground. And right now this is a malicious, an officious attack and people, if you
judge against that guy because of the color of his skin you can better believe
you're gonna be facing something a lot more worse than this when you leave
this world. Your pain won't start until you leave this, if you end up in hell
somewhere, that's when your pain is gonna start.
City Council Special r4eeting February 8, 2005 Page 4
! need to ask a question. If this position is being eliminated, done away with,
deleted, will this position come up six months, a year, two weeks down the road,
reinstated, will it? Could anybody answer that? Hr. Attorney?
City Attorney:
The City Council can later again alter the structure of the EDC, but beyond that
Councilmember Flood:
So this is a back door way of getting rid of Hr. Hills. This is a back door way
now. These things have been happening for centuries; for years, for years, and
it's continuing to date...2005. Now T want to say something else for the record,
this is an African American in a icon position. Now let me speak to the other
African-Americans that's on this Council or any other position. You're next.
You're next. And they gonna use your fellow brother to get you. That's what
they're doing today.
Now if we want to jump Hr. Hills about the business that EDC is doing, I was the
Chairman on the EDC Board when this Target issue came up, and we kept saying
we can't do this thing, send it to the Attorney General. We stood there...Hark
you was in the room when we talked with the Attorney GeneraL.you did not
report back to the Council and told them what this lady told you...you didn't do
that. And because of that, they continued pressuring the EDC to get the
Attorney General's opinion. Well, guess what, we got it. The Attorney General
said the exact same thing that we had been saying...we can't do it. Did y'all hear
about that? I didn't hear you.
,4udience;
NO.
Councilmember Flood:
! guess not. ! wonder why. Come on, if we're gonna be fair, let's be fair all the
way around. If I've done something wrong I'm gonna take my lumps, but if you
come after me, you can bet believe I'm not afraid. T'm not afraid. And if you
can't get something that I've done five months ago, five years ago, don't go back
to my youth to try to get anything. Because we've all probably done something
in our youth that we definitely are not proud of. So if you go back 20 years you
can keep it in your purse, you can keep it in your wallet, you can call the police
department, you can...
Hey listen, if you need anything come and ask me, I'm man enough to tell you
myself. I have nothing to hide. Okay? So again...T think this is wrong, T'II
continue to say that it's wrong. [ will support Mr. Hills in any effort and guess
what? If there is a lawsuit, some of us are gonna be called. And some of us on
Council are gonna be called and that was the reason this thing came up because
the chairman asked a question about this last issue of dealing with one of the
contracts that we have.
And because of that, it was questioned to the Council, Councilmen got mad
because this lady wanted to make sure that she was doing the right thing in
making a decision, and because she asked that question... Let me tell you
something Council got mad and said, "Hey listen, let's get rid of her." Well you
know something, this lady got more integrity than some pastors that I know.
T'm telling you the truth. ! would trust her quicker than 1~ would trust some
pastors that ~ know.
We're gonna be fair people, I tell you what, stand behind what's right. Because
you know something, every decision that 1~ make, I'm gonna make sure that T got
the information and I'm gonna tell you this, if you give me any information that
is erroneous information and [ make a decision based on that information and it
City Council Special Neeting February 8, 2005 Page 5
hurts someone or caused them to lose their job and ! find out two weeks later, a
month later, that T've made that decision based on that information you've given
me, I'm coming after you. Because you shouldn't have did that, and ! think you
would deserve just what ! placed on that person in order to hurt them. I'm
through, Mr. Mayor.
Mayor Ortiz:
Councilman Henderson.
Councilmember Henderson:
You know T'm sorry Councilman Flood ! don't agree with you that there is any
malice involved in this at all. Certainly not in my own heart, there's not. And it's
not a matter of color.
If you will look at the makeup of the City Hall employees here, ! think it's pretty
obvious here that there's no discrimination because of color in this City Hall here.
Tt's strictly a matter of performance. That is what we all have to concentrate on.
That is performance and we owe it to the citizens of Port Arthur to ensure that
the people who are employed here, whether it be with the City or the EDC or
whatever that they do perform in a matter that's expected of them.
As far as being having any malice in my heart or anything related to color,
there's nothing in mine. So far as sleeping well and looking at myself in the
mirror and what is between my God and me, ! have to go with what T'm
expected to do, what is expected of me, but ! will base it not on any personal
feelings. God knows ] have been a friend of Mr. Mills for many, many years and
T think very highly of Mr. Mills as a person. But ! think we have to look a little
further than that and say, are we getting what we are paying for in that.
Mayor Ortiz:
Councilman Hannah.
Councilmember Hannah:
Thank you, Mayor. Let me just say there have been some comments made just
here tonight and T think some of the implications are that this Council may have
trumped up something against Mr. Mills.
First of all, my family has been here in Port Arthur and has done nothing but
help people here in this City. My family has a legacy here and T'm not going to
be a part of anything wrong, illegal, that's not right against Mr. Mills or anyone
else.
Since T've been on this Council, prior to...I think Councilman Sinegal,
Councilwoman Prince, Councilman Flood, Councilman Beard...we've gotten a
black Police Chief, we've got a black City Secretary here, we've got the Public
Works Director of this City, John Comeaux, an African-American, our Human
Resource Department is run by an African-American, that's 80% of the
employees, give or take, that work for black leadership.
So to suggest that this Council is on a witch-hunt based on race or anything of
that nature is not true. And myself personally, if it were true; ! would not be a
part of it. And I'm not aware of any witch-hunt of any sort, so that's what we're
here (for) today. As Councilman Henderson said this is based on performance
and information we've been given dealing directly with the Economic
Development Corporation.
Mayor Ortiz:
Councilwoman Prince.
City Council Special Meeting February 8, 2005 Page 6
Councilmember Prince:
I'd like to respond to Councilman Hannah. We're talking about performance
base. Mr. Hills has not had an evaluation from this Council, so how are we in a
position to decide that he has not been performing properly?
And at some point when we do this ordinance, I'd like for Mr. Hills to answer
that. So, i mean ! just don't think that we're in a position to sit here and say
that he has not been performing. You have not done a performance evaluation
on Mr. Mills. !'m sorry, but you haven't.
Councilmember Hannah:
Well, Councilwoman, the audit that we were just given, each department ('the
audience jeered) excuse me, is audited and that would serve in itself as an
evaluation in the performance of that department and that department head.
And that's one form of an evaluation. And not to debate this back and forth, but
that's a form of an evaluation.
Councilmember Prince:
I'm not trying to start a debate with you, but I am going to say this to you, as far
as that audit is concerned, Mr. Hills was put before the audit. His name was
constantly brought up in reference to the audit and not necessarily by the
auditor.
So, he was not...that is not a fair assessment there of his performance. I'm
sorry, but T disagree with you. And of course I'm not trying to debate you, but i
am telling you how ! feel, I disagree with you...so he has not been given an
evaluation by this Council. If you're dismissing Hr. Mills, I'm just wondering why
you haven't done the same thing with the entire Board because he reports to the
Board.
Mayor Ortiz:
Okay, are there any other comments that Councilmembers want to make before
! go the audience? Any more remarks? If not, I'm going to ask anybody in the
audience that wants to speak to it, but you have to be on this list. ];f you're not
on this list, ! can't let you come up..So if anybody that signed this thing wants
to come up and then T'm gonna mark you off because you'll have to speak on
both issues and I'm going to ask you to give your name and address and so
forth.
Mrs. Betty Kiel:
Good evening. My name is Betty Kiel. i own Betty Kiel Consulting. i live at
1401 Fifth Avenue, Port Arthur, Texas. I'm here tonight because I was one of
the original employees of the Port Arthur Economic Development Corporation. I
am not here to impugn Hr. Ike Mills' integrity, and that means to degrade. And,
as Shakespeare said, "I'm not here to hang him." T'm here to give you an
overview of my experience.
i only have a few minutes, and i will show you. As a record keeper for the EDC,
i've heard several things that he had a family, he has a family, ! had a family. I
had a daughter at Penn State University and I was fired by Mr. Mills. Not only
was I fired by Mr. Mills, Mr. Mills came into the office at seven in the morning,
hid in the dark, assaulted me when T taped him. I called for Mr. Harvey
Robinson, he never showed. T called for Mr. Fitzgibbons. Nobody showed, i
stood my ground after I was pushed by Mr. Mills. Yes I did.
That lawsuit that you're talking about Mr. Hills filing, I filed that lawsuit with
Provost Umphrey, and T stand here proudly to tell you today that I won that
lawsuit. Tn Mr. Hills' deposition though, Mr. Hills stated that ! didn't want her
City Council Special Meeting February 8, 2005 Page 7
fired, other people did. So I'm asking Mr. Mills to come forward. All of these
people that wanted me fired when ! was doing a better job than better.
! am an excellent record keeper. When ! came to the City ! had fourteen years
of experience with the Port Arthur !ndependent School District. ! owned three
businesses, this is the third one in Port Arthur. I worked as a Plant Manager's
Assistant for twenty years in Beaumont, Texas. ! sued on the basis that no
employee can be asked to lie, to steal, or conceal open records, and i'm proud to
say ! was paid.
! was paid after two years and ! appreciate that. I' want to tell you today
something and I'm going to let it go because ! only have five minutes.
Mayor Ortiz:
Three minutes.
Mrs. Betty Kiel:
! want to...well, three minutes. Okay. The City has suffered a black eye. Not
only locally, but statewide because of the action or the failure to take action on
the EDC.
When !lett the EDC in 2001, we had never failed an audit and we were audited
by Reed & Associates. You guys have it easy, you were audited by Mr. Botley,
and ! know Mr. Botley is an honest man. Three failed audits: 2002, 2003, 2004.
The City of Port Arthur has failed to have anyone with any necessary experience
or education lead this organization.
I'm going to ask you the same thing I asked you on January 4t~, when ! asked
you to return scouting to Port Arthur. Return to your city honesty, integrity, and
honor. I thank you very much for ooking at the EDC again. !'m going to aSK
yOU even further that when you go out to find someone, if in fact you do, get
someone who has honesty, integrity, honor, God first in their life and a degree or
some form of education in economic development. Thank you.
Mayor Ortiz:
Thank you Ms. Kiel. !s there anybody else that's on this list that wishes to speak
now?
CouncJlmember Sineqah
Mayor, I'd like to maKe a correction.
Mayor Ortiz:
Well, wait a minute Coach. Our time is up. We've got to listen to the audience
nOW,
Councilmember Sinegah
Mayor, I'd just like to make corrections to Ms. Kiel.
Mayor Ortiz:
Councilmember Sinegal:
! just want to correct it for the record. Ms. Kiel sued the City. She did not win
the lawsuit, we settled the lawsuit, for the record, thank you. (Audience Jeered,)
City Council Special Meeting February 8, 2005 Page 8
We settled the lawsuit, I voted to settle with you on the mere fact that that was
your last stand as far as... I wasn't there when you what you accused Mr. Mills
of. T don't know ii: he was guilty or, you ~<now, ~= you were telling the truth...['m
not gonna ....
Mrs. Betty Kiel:
May ! respond?
Councilmember Sinegal'
I'm not gonna question that. I'm just saying...
Mrs. Betty Kiel:
May T respond?
Mayor Ortiz:
Yes ma'am.
Councilmember Sinegah
Did it go to trial, Ms. Kiel? That's all i'm asking.
Mrs. Betty Kiel:
May ! respond?
Councilmember $inegal:
I'm just...
Mrs. Betty Kiel:
I taped Mr. Mills. That tape is available from Mr. Mills and that is the reason for
the pushing because ne wantac~ that tape, sir.
Councilmember Sinegal:
I'm not disputing that...
Mrs. Betty Kiel:
We have that tape and you can view the whole event on tape,
Coundlmember Sineqal:
I'm not disputing that Ms. Kiel. I'm not disputing. I'm lust saying we settled.
Mayor Ortiz:
Yeah, okay Coach. ('/'he Mayor uses his gave/to restore order) Okay Coach.
Councilmember Sinegah
When a lawsuit goes to trial, you win, We settled that lawsuit with you,
Mrs. Betty Kiel:
It is on file with the Jefferson County Courthouse.
City Council Special Meeting February 8, 2005 Page 9
Councilmember $ineqah
For the record, just for the record, Hrs. Green.
Mayor Ortiz:
I'm not going to allow Councilmembers to rebut.
Councilmember $ineqal:
Well, Mayor, I'm not going to sit here and let somebody tell untruths. We settled
the lawsuit.
Mayor Ortiz:
Well, and I'm not gonna let you prolong...
Councilmember Sineqal:
Well, have me thrown out, Mayor, but :I'm not gonna let one person stand there
and tell a tale and not try an(~ correct them. And.. (The/Vlayor uses his gave/to
restore order)...told a tale, ! just corrected what she said.
Mayor Ortiz:
If you correct one more audience, coach, ! will ask the police department to
remove you.
Councilmember $ineqah
Well, Mayor ! tell you...
Mr. Cai Jones:
Can [ speak now, Mayor?
Mayor Ortiz:
No...No...sit down. Are you on here (the//st)?.
Hr. Cai -]ones:
! wouldn't be up here if ! wasn't, sir.
Mayor Ortiz:
No sir, you can't speak if your not on here.
Mr. Cai .~ones:
I'm on there, read the list.
IVlayor Ortiz:
Okay, what's your name.
Mr. Cai Jones:
You know my name, :I'm Cai _]ones, you know who [ am.
Hayor Ortiz:
Okay Hr. Cai -]ones let me see if ! can find you in here. Okay Hr. -]ones, you
have three minutes.
City Council Special Meeting February 8, 2005 Page ~.0
Mayor Pro Tern Beard:
Mayor, point of order before we begin. Please, before we begin with the
speakers...Let me say this to everybody involved here, and this is based on the
decorum that the Mayor read earlier and it is the way we work and operate and
handle our business in our meeting. We are to speak to the issue. To the
resolution and the proposed ordinance and anything else is as the commercial
would say is uncivilized or in other words out of order.
Please make your comments germane to the issue we have at hand here tonight.
! know feelings are high and very strong on both sides of the issue, but we need
to speak directly to the ordinance as to whether or not you should or we should
support it one way or the other, and let's try to keep personalities out.
Let's try to keep past litigation and issues that are already water under the
bridge, out. The facts speak for themselves. Not everybody has the facts and
we don't have all night to sit here and discuss every single one of them. Let's try
to move on with this and give everybody their three minutes and go from there.
Councilmember Flood:
!s this matter about Mr. Mills and the termination or dissolving of his
position...the Economic Development Corporation Director's position? Is that
what this matter is about, Mark?
City Attorney $okolow:
It's a matter about deleting the Executive Director position.
Councilmember Flood:
Thank You. You can resume.
Mayor Ortiz:
Mr. Jones.
Mr. Cai Jones:
Out of respect, Councilman Beard, I'm not gonna be programmed with what to
say and how to say it. No...No...Out of respect T don't want to be coached to
what T am saying. ! did want to get up here, though. ! spoke here about three
or four years ago or even longer, ! don't like ruffling feathers. And if I speak
about something, l'm very disturbed. And ! know from day one when Ike Hills
got appointed to the EDC position, he and the Mayor never seen eye to eye.
Never...I noticed it personally. And ! think of the Old West...]f two people can't
see...they ought to go outside and shoot out or fight and bring the whole city
and whole Council into their personal business.
That's y'all personal feelings, if y'all can't get along, why bring the city in, why
bring the Council in, why bring the people in and get all these hard feelings. I'm
reminded of the crucifixion when Pilate asked the people what you want to do to
Jesus? People say save Barabbas, kill Jesus. That's what's happening now,
we're crucifying an innocent man.
I hate to go off record, but you've got people here shooting...shooting in the city
and he's free right now. Running flee, shooting in the city, nobody, you know,
gave his gun back, nothing done. But here's a man here trying to do the right
thing, but you want to lock him up, kill him, take his job, hurt his family. T am
very, very disturbed and ! want to know one more thing. And you can quote me,
I can make a living, thank God, I can go sell cans or ride a bicycle and make a
living, so you can't hurt me.
City Council Special Meeting February 8, 2005 Page 11
I'm gonna tell you this here. If we had the majority on the school board when
all this here happened...if the times or the shoe was on the other foot about
consolidation or all these things...that's in the past...and there's the other vote
the other way T._I. would've still been there, Lincoln would have still been there
and Austin. You got a make up right now of a minority that makes up the
Council. And here he is...] have friends in high places, white, black, Spanish.
i'm well liked in this city among all people, not just blacks. We've got a make up
of five blacks on the Council. Here we is fighting with whites, in 2005 and T can't
believe it. Thank you.
Mayor Ortiz:
Anybody else wishes to speak to this...okay.
Ms. Virginia Dudley:
Thank you, Mayor. Virginia Dudley. 1835 Snyder, and what Councilman Beard
just said...we need to stick to the issue that applies to everybody up there too,
not just out here. I am here as a community advocate to thank the City Council
for finally taking action on the leadership and direction of the EDC. ! think this
marks the beginning of a new era for every taxpayer in Port Arthur.
Thank you for taking positive action for a better tomorrow for our City, and !
want to thank each one of you that finally got around to this after three audits.
It's time. After three years, as far as an evaluation, I have to go along with
Councilman Henderson, performance is the most important thing and this man is
never in the office to be doing his work. You can check it. We could have kept
him right up here in City Hall for the money that they were paying. All this has
been nonsense...taxpayers' money. Every time the elderly go out and spend a
dollar there goes some more taxpayers' money. So I don't agree particularly
with this young man (Point/ng to Counc//member F/ood)who has a record of his
own.
Mayor Ortiz:
Alright...
Councilmember Flood:
Mayor, Mayor...
Mayor Pro Tem Beard:
Point of order.
Mayor Ortiz:
Point of order.
Councilmember Flood:
Let me say something to you. Don't ever come back up here and tel me what !
have. T already Know what ! got, and what you gonna get; you gonna get me
on your rear end. That's what you're gonna get. (Aud/ence Laughter)
Mayor Ortiz:
We're not going to do anything like that. All right...anybody else that wants to
speak on this matter here.
Mr, Willie Lewis, .lr,:
Mayor, are you going by the order of the list, or...
City Council Special Meeting February 8, 2005 Page ~.2
Mayor Ortiz'
No sir, you can come at any part of the list that you want.
Mr. Willie Lewis, _lr.:
That's what I'm understanding. I'm down on the list, about fifteen.
Mayor Orr!z:
Okay, sure. Yes, you're fifteen. Go ahead. You have three minutes.
Mr. Willie Lewis, Jr.:
Okay. Good evening. I am Willie Lewis, Jr., former City Council, I served
on the City Council for :[8 years. And ! put together the system that's in
place now. Tn 1977 I filed a lawsuit to change the system, and all of you
all benefit from the system.
Now, having said that, two months ago...Approximately two months ago I
warned you all, T came before this City Council and read into the record to
answer the question you do not have the votes to do this tonight. You do
not have the votes to do this tonight. Okay? I came before the City
Council two months ago and made everybody on this City Council aware
that we have Councilmembers is out of compliance that do not live in the
district. And I warned you all two months ago if you do not address this
issue some body gonna be...the damage...you're gonna cause a liability for
the taxpayers. Tt has already happened. The Chairman of the Board of
the EDC has lost her job the by one vote...has lot a job by one vote...the
Council overreached itself.
One other thing, I should've waited until the end...because, you know, I'm
pretty ticked off right now T'm spending forty-something dollars an hour
out of my pocket to be here to pay someone in my place. If_the illegal
Councilmembers, if you all vote on this issue tonight, you gonna be just
like what happened over in the housing authority. You gonna be paying a
director to sit at home. At the housing authority, the housing authority
board...they're currently right now paying a director to sit at home. They
had an illegal meeting...over at a restaurant. Didn't even post it. Hired a
director. Gave him a hit list and that director got fired. And I'm telling
you all, if you follow the leadership on this Council you gonna end up
paying out of your pocket.
Let me suggest this...if you all vote to do away with that position and any
of those employees over there, you are lining yourselves up to be sued,
personally. You have been warned ahead of time. I warned you two
months ago. I address this issue and everyone in the audience tonight,
has a copy of the letter that I read into the record approximately two
months ago. They have full knowledge that the Council has failed to act.
Had the Council acted, the Chairman of the EDC Board would not have
lost her job...had the Council acted.
But what they did, instead of taking action, they've gone to the police
department telling Chief Tyler to go over there to 729 West Ninth Street
and verify residence and did not do that. They called upon the City
Attorney, which was none of his business. The call was an opinion was to
get us around this, and the opinion stated, "well, no citizen has the
authority ('inaudib/e)to file on the city or an elected official. You'd have to
go through the District Attorney's Office. You'd have to go through the
state." A month-and-half or two months ago, ! called the District
Attorney's Office. I laid everything out to the District Attorney. i'm not
going to call the D.A.'s name. He said, "You know Willie, I don't think the
District Attorney's Office has the authority to force the City Council to
comply with the City Charter. He say, why don't you check...why don't
City Council Special Meeting February 8, 2005 Page :~3
you do me a favor.., research it further...contact the Attorney General's
Office." ! called... (The Three-Minute 7-/mer Be//Rings)_.No, that thing
went off when that first speaker went (Audience Laughter) ...and she
didn't shut up, okay?
Mayor Ortiz:
City Secretary...One more minute, Mr. Lewis. !'11 grant you that.
Mr. Willie Lewis, Jr.:
Okay. I contacted the District Attorney's Office and he advised me to
contact Junior Grant, Attorney General's Office. I talked to Junior Grant of
the Attorney General's Office, Junior Grant said you need to be over at the
Secretary of State's Office, Mrs. Elizabeth Crenshsaw. I talked to
Elizabeth Crenshaw and Mrs. Elizabeth Crenshaw said I made net aware
about the City Charter. She said the City Council has all the authority it
needs to, to do its .]ob. It's a civil matter that ends up in the District
Attorney's Office, something that has civil penalties, but it has no criminal
penalties. He says, but to answer your question, the District Attorney has
authority.
Mayor Ortiz:
You have thirty seconds.
Mr. Willie Lewis, .Ir.:
!t's called quo warranto, and that states...! looked it up and ! researched
it, you know what it says? it wants to know by what authority are you all
acting under? By what authority...You're out of compliance with the City's
Charter, you're illegal, so the District Attorney is going to be asking you all
by what authority, but you don't have to go to the District Attorney's
office. The City Councilmembers could conduct an investigation, it is on
this paper. You don't have to talk to the District Attorney's office. Free
men and women stand up.
Mayor Ortiz:
Time is up, Mr. Lewis. Mr. Lewis your time up. No, sir. Your time is up.
(?-he ~¢ayor uses his gave/to restore order) I gave you a m~nute out of
pure courtesy. Will you back away from the platform? Somebody bring
me a police officer over here. Okay Boy oh Boy.
Okay...Mr. Salter, give us your name and address, sir. And you have three
minutes.
Mr. Stuart Salter:
Yes, sir. My name's Stuart Salter. ! live at 3770 Dr. Martin Luther King
Drive here in Port Arthur. I'm here tonight to express my strong support
of the adoption of both the proposed resolution and proposed ordinance
before you tonight.
Ten years ago ! nad the privilege of Co-Chairing the Citizens' Committee
for the passage of the na f-cents sales tax for the purposes of establishing
an Economic Development Corporation in Port Arthur. Our platform was
based on two simple items: !ncreased job opportunities for the citizens of
Port Arthur and an increased tax based for our future growth. And while
the issue passed by a significant majority, our express goals have
unfortunately not been realized. !n spite of this, ! do wish to commend
the Mayor, the Council, the City Manager for their efforts in the ensuing
years to bring in new industrial, manufacturing and retail growth into our
city. They've done this despite sometimes disruptive and often times non-
City Council Special Meeting February 8, 2005 Page 14
responsive actions from the Executive Director of our Economic
Development Corporation.
! believe Port Arthur is poised for a revitalization that ! have not seen my
lifetime and T look forward to participating in the potential economic
boom. However, our EDC can and should be a critical tool in this rebirth,
but first it must be reorganized to work in concert with the City, the
County, and with other economic development entities such as the
Partnershio of Southeast Texas ano the Chamber of Commerce. This has
not occurred under the current leadership of the EDC.
So again, ! want to commend the Council for bringing this, it is
contentious but very important issue to a head. The City can no onger
allow fiscal mismanagement within our Economic Development
Corporation Tt ~S an embarrassment to the City and is a personal
embarrassment to me n that I helped get this thing established in the
first p~ace. So, ! ask that y'all p~ease consider approving both the
ordinance and the resolution prooosed here tonight. Thank you.
Mayor Ortiz:
Thank you, Mr. Salter.
Councilmember Flood:
Mayor, ! need to ask a question. Hr. Salter, please, sir. You made a
statement that saying that you was one of the people that helped put this
organization together. !n doing so, did you come up with a scope of work
or some sort of way to evaluate the Economic Development Corporation
Director?
Stuart Salter:
Yes sir we did when our original director was here we had an annual
analysis done on his performance, but after about three years of having
difficulty i~ contentious issues with the City Council he decided to find a
little more receptive community to ao business in.
Councilmember Flood:
Thank you.
Mayor Ortiz:
Councilman Sinegal.
Councilmember Sineqah
Mr. Salter, may ! ask you a question also?
Mr. Stuart Salter:
Yes, sir.
CouncilmemberSineqah
Have you witnessed any such tool on Mr. Hills?
Mr. Stuart Salter:
Sir, ! was ! guess called, not renewed, after my first term. ! was one of
the initial members and when my position came up for renewal one of the
city Councilmembers who's no longer serving decided that they no longer
needed my services, so ! cannot speak to what happened after that time.
City Council Special Meeting February 8, 2005 Page 15
Councilmember Sineqal:
Okay, but ! just asked since you were one the forefathers of this EDC,
Economic Development Corporation, in your professional opinion, do you
feel it's honest, ! mean, fee it's right to terminate Hr. Mills as you said
without having the evaluation?
Mr. Stuart Salter:
I'll agree with the comments that have been made earlier. I believe
performance is the single most important item with respect to any ]oo.
Personalities really oon't matter other than the ability to work well with
others. ! can't speak personally...As well as the Chamber of Commerce
Board; we have had no participation from Mr. Mills n any of our activities
in trying to work on economic development aspects of this community. I
can also speak to the financial asoects of. I've taKen the opportunity to
review the 2002 and 2003 audits, and being a former banker and a credit
analyst, I'm somewhat dismayed that the accounting practices that have
been occurring have continued to occur. Even the most rudimentary
processes that you would use in establishing a balance sheet and income
statement, have been somewhat ignored.
Councilmember Sinegah
Well I understand that and I respect what you're saying. I believe you
believe that with all your ~eart. My problem is and I've said it over and
over again ano ! don't seem to be getting through to people. This is not
about Mr. Mills. Because if we get a new Executive Director in there,
depending on what happen tonight, the first thing we need to do is set up
an evaluation tool so that person, I don't care if he's black, green, yellow
or orange, will nave or I will ~ave something in my hand and that's all I'm
asking for.
Everybody's giving their opinion on Mr. Mills. I've been accused, like I
said, of defending Mr. Mills. !'m defending the process. And I'm an
educator in the Port Arthur Independent School District. We have to do
evaluations. I bet we have to do ten a year, just walk through. And if
they choose not to rehire me next year, it's based on that evaluation tool
which are accepted by the entire Teaching Association.
And that's what I'm asking for, Mr. Salter. And if you were one of the
founding fathers, Mr., Councilman Beard was, or Mayor Pro Tern Beard
was, then I cannot understand how you can honestly, y'all can honestly
say Mr. Mills is a bad director. They can tell me you're a bad...do you own
insurance, I believe?
Mr. Stuart Salter:
Yes, sir.
Councilmember Sinegal:
They can tell me you're a bad insurance agent. I go to the Better
Business Bureau and there's some documentation whether or not you're
good or not. ! don't take people's word. You see what T'm saying? !t's
not about Mr. Mills, and ! can't say that enough. There's enough people
in here that believe Mr. Mills is a good director as is there is people that
say he's a bad director. Even the ones that say he's a good director show
me a performance evaluation. That's all T'm asking.
! would do the right thing and say, well, yeah Mr. Mills you know, you got
Iow marks here, you got Iow marks here. We've asked somebody...we
asked that we get someone with an economic development
degree/certification. Was that not required when he took the job? That's
City Council Special Meeting February 8, 2005 Page 16
ridiculous. And T'm saying that ail the people that's applauding Nlr. Mills, if
you were in his shoes, ! would be saying the same thing. That if they're
trying to terminate you and there's no reason the City Manager, the City
Secretary, these three individuals here, we evaluate them every year.
With an instrument that Mr. Harvey Robinson provides us to put all our
comments on. And whether not they're rehirec~, it's a simple thing...We're
all grown here.
Let's just say it. There was no tool to evaluate h4r. Mills ano that's why
!'m objecting to it. Not because he's a great director or not because he's
a lousy one. But there was no tool and that's only fair to any of the
employees that you employ, ano ! appreciate your comments, but it's all-
opinionated. Ny opinion of Mr. Mills ~s one thing, hers is a different, but
it's all...don't...and ! appreciate that and you've been involved in city
government and ! respect that, and T'm not trying to belittle, I'm just
saying give me something concrete to show me not the audit, because let
me clarify the audit.
We have three contracts on that audit that the City Auditor criticized us
about: One, Brammer, we brought Brammer in to fix some of the
problems Mr. Mills and the EDC Board was having. Turned around Mr.
Brammer was operating 'n violation of city codes, city ordinances. So,
how can you be sued or be criticized about somebody that was brought in
to correct the problem? He's being accused of that.
DonShe Pottery, DonShe Pottery was also one of the cases that the
auditor used to try and discredit Mr. Mills. Okay. E)onShe Pottery ~)een on
the waiting list and a lot of the fault of what happened with DonShe
Pottery was the entire board of the EDC and one Council person was two
Council people was on that board when the DonShe Pottery issue came
up. They didn't catch it then ano now we turn around and one of them is
trying to get rid of Mr. Mills.
The third is Diamond Consulting.
City Attorney Sokolow:
We are in litigation.
Councilmember Sinegah
! know, we can't discuss that because of litigation. (Audience Laughter)
I'm saying Mr. Salter, let's be fair about this. No, ! don't think a
citizen...or...member of the Chamber of Commerce told me yesterday, he
is appalled that Mr. Mills brougl~t up race. What T told him...I don't
think...! respect Councilmember Henderson and !'Il say this to anybody
and ! believe he votes from his heart. He's looking at the facts of what's
going on, but we can't (be) distorted by the stories people tell Give me
something concrete to iudge Mr. Mills on and I won't hesitate to say,
yeah, hang him. And that's all !'m saying.
Mr. Stuart Salter:
Just in response to your comments, if you had asked my opinion, my
opinion is based on my personal experience ana the facts as ! read them.
So, ! believe that's what everyone's opinion is based on...
Councilmember Sinegah
Right.
Mr. Stuart Salter:
...the information that they receive and how they best process it.
City Council Special Meeting February 8, 2005 Page 17
I can just reiterate what I said that in my personal experience through the
Chamber of Commerce, Partnership of Southeast Texas and other
economic development vehicles over the last three years that he has
served as Executive Director. There has been little or no involvement,
which is critical to be able to move forward on common goals. We work
on things that are regional aspects these days and it's important that we
have communication between all these individuals. As for the audit, I
believe the numbers speak for themselves, sir.
Councilmember Sinegah
And there is enough fault to go around.
Mayor Ortiz:
Anybody else? Thank you, Mr. Salter. Anybody else in the audience at this
time? Okay.
Ms. Maria Block:
My name is Maria Block. ! live at 3435 Woedrow and ! am one of the
Board Directors. ! don't know how long I'm gonna be there, but
somebody said you're gonna take a chance and not get fired...On the
evaluation, get it from Mr. Robinson. !s that Mr. Robinson, head of the...
Mayor Ortiz:
...Personnel Department.
Ms. Maria Block:
Okay? We have done it, and he didn't pass...
Councilmember Sinegai:
We should've had that before tonight, Ms...
Mayor Ortiz:
Councilman, please let her finish.
Councilmember Sinegah
Yes, sir. Thank you, ! apologize.
Ms. Maria Block:
But, we did do it, and some of the board members wanted to give him
some time to straighten out some of the problems at the EDC so he was
put on probation. He was. Now, all of that you can get it from Mr. Hills.
Now, Hr. Sinegal I love you death and this has nothing to do with !ke as a
person. This has something to do as a corporation.
Deborah and I and Tim were at the EDC conference room. You had just
finished coming from one of the retreats and you came in there and you
sat right next to me and we were going over Henderson and Toms. And [
told you I cannot believe what has happened in this...I mean :L..!t was on
the first audit and yet nobody did anything about it and 1[ told you look
here. He paid for the invoice before he ever did the work. And I couldn't
even believe that that had gone through and what did you say Hr.
Sinegal?
City Council Special Meeting February 8, 2005 Page 18
Councilmember Sinegal:
Remind me? No ma'am l: don't.
Ms. Maria Block:
Do you recall? What you said, "Well, it doesn't matter who it is if they're
not doing the right thing, ! don't care what people tell me; it's time for
him to go."
Councilmember Sinegal:
Right...No, ! did not. ! didn't say that it was time for him to go. No.
Ms. Maria Block:
Yes, you did.
Councilmember Sinegah
Okay, okay. You say [ said it. T said it.
Ms. Maria Block:
All right...Mr. Sinegal. But, wait, let me finish, okay, because ! only have
three minutes. And the other thing is, he's been the director four years,
or five. ! don't really know. ! know 2001 because T saw the video. 2001
he said he had a project for the Business Park. Here it is 2005. We have
nothing at the Business Park and we have got a bond on that property
over there that we have to pay for. There is nothing. Now if Mr. Mills can
come and give me what he has done within that time and T'm sure he's
going to have a turn to talk, but i'd like to know what business he has
brought here without the City, one of the City Council people bringing it.
Thank you very much.
Councilmember Sineqah
Let me respond Mayor, if you don't mind?
Mayor Ortiz:
Yeah, go ahead Coach.
Councilmember Sinegah
Ma'am, let me say first of all. T never said, but if you thought [ said it,
okay, in your mind ! said it. As far as Henderson and Toms and !'ve said
this to several people in here. Dr. Toms ano Mr. Henderson...That was
not brought to this city by Mr. Mills...Those guys were not brought. He bit
the bullet for that because the Council brought it to the EDC which was
wrong in the first place, because the EDC should not be brought projects
by the Council to the EDC and tell them to vote on it and how to vote.
So, if you said ! said it, you're wrong. You misunderstood me, let me put
it that way. I would not say get rid of Mr. Hills because any...maybe other
than somebody that may been on Mars for the last three years.
fought...and I want to be specific about this...I have not fought for Hr.
Hills. T've fought for due process for an employee of this City, which he
is. That's all T've fought for, and !'m not gonna let anybody reduce it that
I'm protecting Hr. Mills. ! don't...Mr. Mills has a family, ! have one. But if
I'm not doing my job, I should be removed as ! said earlier. So, if you
think I'm protecting Mr. Mills let me say it again, I'll keep saying it,
though. Apparently, nobody's getting it. ! am not protecting Mr. Hills,
I'm protecting due process. And if you had an evaluation tool which we
City Council Special Meeting February 8, 2005 Page 19
appointed you guys to the board, the EDC Board, some heads need to roll
because we're about to eliminate this man's job and no one has it but
y'all. So something's wrong with that picture, if there's an evaluation of
Mr. Mills which is what I've been asking for...Okay...Well let's...Mayor, T
move that we...
Councilmember Flood:
Table this issue.
Councilmember Sinegah
...table this issue until we get the evaluation and if ! can get a second
Mayor, T move that we table this issue unti we look over Mr. Mills'
evaluation. Council ! get a second?
Councilmember Flood:
You got a second.
Mayor Ortiz:
Okay, Alright.
Councilmember Sinegah
Because this is wrong.
Mayor Ortiz:
Councilman Sinegal made the motion to table. Councilman Martin
seconded. We'll take a roll call vote on it. City Secretary, a yes vote
means...we're sorry ma'am we are taking a vote right now...a yes vote
means we table this, a no vote means we don't. Councilman Beard?
Mayor Pro Tem Beard:
Mayor, let me say something regarding that evaluation and that process.
And this is something that hasn't come out since it's been Drought up it
needs to be said, and ]Fm going to reference this to the City Attorney and
to anybody on the EDC staff. But T was aware that there was an
evaluation of Mr. Mills. Going ~)ack to what Mr. Salter saic~ as a former
board member. We worked to try to put an instrument together. We had
several different types of instruments, and in putting that instrument
together finally, it came from my efforts of contacting numerous EDC's
across the country and in the state to find out what the criteria was that
they selected and what they used. Why? Because ! was under the
instruction from personnel that the organizational structure was not
similar to that of the City. Therefore, the City's use of that thing couldn't
be done. They didn't have a similar instrument to measure similar things.
Apples vs. apples, oranges vs. oranges, if it were.
But, since this evaluation had taken place and it was mentioned in one of
our meetings. The question I asked was, what was the criteria used?
What did the instrument look like? And here's why, and I think a lot of
what we're talking about tonight is a lot of misconception. The first
misconception is that people have to understand that the buck stops here
with these nine people. We're ultimately responsible for everything and
anything dealing with that EDC. You all voted for it at the referendum to
have it, but the control of that organization is placed in the hands of this
Council through your duly elected representatives that sit up here.
Now, going back to the evaluation. We have not seen a copy of it. Not a
blank copy, and not a completed copy. But T requested a copy of this
City Council Special Meeting February 8, 2005 Page 20
evaluation instrument and Mr. Sokolow, when I requested this, what was
your reply to me? Do you remember?
City Attorney Sokolow:
T'd rather reserve my comments for Executive Session.
Mayor Pro Tem Beard:
That's okay. That's okay. But, that's quite atright. Let me just settle that
issue right here by saying ! have yet to receive that instrument. T, as a
Councilman asking for it because T have a right to know this. ! am placed
by you as guardian and steward over your money over this corporation
and its operation and [ cannot get, not just a Councilman but Mayor Pro
Tern, and [ cannot get a copy of that evaluation. It was not released to
me. Whether it was by the EDC Attorney, whether it was by the City
Attorney, or whether it was by the EDC itself, ! could not get a copy.
Now that tells me something is...as they would say "rotten in Denmark"
when the people that you elect can't get a response from the people that
we appoint to serve you. That's a basic problem in this whole matter,
among other things. But T just wanted to make that statement and make
it known. That yes, it's been out there for a while, that this evaluation
had been done and that Mr. Hills was unaer probation, and Council knew
about it. But we never took the opportunity :o inc~ire any further or to
seek a copy of that instrument. For what reason T don't know, but it's just
been said we don't have it, and T requested it and [ don't have it. So,
there it is.
Mayor, thank you.
Mayor Ortiz:
Thank you. What I'm going to do is ask for your discussions on the
motion to table; nothing else. Anybody wants to speak on the motion to
table. Councilman Flood?
Councilmember Flood:
No. My motion was to...
Mayor Ortiz:
Councilman Sinegal.
Councilmember Sineqah
NO, sir.
Mayor Ortiz:
Mayor Pro Tem Beard.
Mayor Pro Tem Beard:
Mayor, just one thing I'd like to say regarding the motion to table. Should
we decide to do this, where do we go from here? Where do we go from
here as an organization and as a Council? As it's peen said numerous
times there's a lot of blame to go arou nd. Ain't no whole lot of blame to
go around, y'all. It's nine blames that got to take this. It's on us.
You all asked us with regards to the incident...be that as it may. We've
got with the recent incident that happenec with the police department we
were asked to take a certain action to investigate it and we did so. And
City Council Special Meeting February 8, 2005 Page 21
we came under criticism then for doing it because we didn't involve the
Police Deoartment. Well, tl~e Police Department asked us to do it. And
they never suggested, the Police Union, rather, and they never suggested
to us not one time that they wanted to be involved. They said you got to
do something about it. So, we took it upon ourselves to do it and we got
criticized for it.
(The audience jeered, the iVlayor uses h/s gave/to restore order)
Mayor Ortiz:
Folks...
Mayor Pro Tem Beard:
And now, once again we're asked to take some action and the question
still remains with all of the things that are out there and there's a lot you
guys don't know and it's a ot we can't share with you. Because ~,es it's in
litigation. And when it's involving your tax dollars. And T'm going to tell
you why, when it's involving your tax dollars if something puts that in
jeopardy to where we end up spending hundreds of thousands, if not
millions of dollars, because we made a mistake or we said something we
shouldn't have said or we did anything that puts us in jeopardy. Because
in a court of law anything could happen in testimony. Then, we're held
responsible, and we have a responsibility first of all To protect your
interests. That's what you've got us here for. When we can no longer do
that, we need to move. When T can no longer ao what T feel is necessary
and defend myself in my actions with you because of what actions T take.
And anyone that ever has any auestions, I've got a saying, "Don't go to
the horses' patoot, go to the horses' mouth" and T'I explain anything you
want to know anc~ T'II even put the documentation if T'm able to in your
hand to snow you exactly and precisely why T make my decision.
But what [ first and foremost want people to realize is, that you have to
understand that in being here, people's reputations, people's
accountability, and their lives ancJ reputations are at stake. And yes, l~'ve
done some things recently that some of you all might question. But ! put
my reputation and who ! am at stake for those of you who know me. And
all T can do is be the best .~ohn Beard--John Beard can be. And T think
T've done a darn good job for long enough because that's why I'm here.
And if anytime people see fit to move me, there is life after this and I will
go on. But, T will always be John Beard and do what T know is right, what
T know is decent and respectable and T will always be able to defend
myself on the facts and on the issues as they are in the cold light of day.
Not colorized, not biased, not putting up smoke screens, not playing
games. Cut dried, cold chaser. Here's where it is. But we've got to
decide that after this vote, where are we going to go from here. And T
ask that you allow us to work this thing out to do just that. Thank you
Mayor.
Mayor Ortiz:
Okay, one more time T want to warn the Council stick strictly to the issue
which is the motion by Councilman Sinegal, seconded by Councilman
Flood to table this resolution. Let's stick to that only.
Councilwoman Prince.
Councilmember Prince:
Well, I don't know about anything stinking in Denmark, it stinks in Port
Arthur. I'm confused here, Mayor Pro Tern, we're trying to table this
issue. You've just said that you requested and did not get a copy of the
evaluation. None of us received it.
City Council Special Meeting February 8, 2005 Page 22
So you are asking us as jurors to render a verdict without all of the
information and that confuses me because now is the time to table this
and perhaps some of us will think with some sense and you're talking
about putting the...we need to do this because you're talking about
putting the taxpayers' money in jeopardy.
Mr. Hills is going to come after the taxpayers' money. It's going to be in
jeopardy. A lot more than what you're paying Mr. Mills right now so I'm
just totally confused as to what you're saying here. You're saying you
didn't get the evaluation tool_he can answer me I don't care...You're
saying you didn't get the evaluation tool, but you're ready to render a
verdict? There's something wrong with that.
Mayor Pro Tem Beard:
Ms. Prince I can understand your confusion, but I said nothing of the
matter. Maybe that's what you understood. I'm not saying anything
about making a decision about anything regarding that. As I said in my
last comment was where do we go from here when we are ready to take
this vote that's pending. That's all. That's all I've said.
All T'm saying...also what T said was that I'm concerned about the fact that
we as Councilmembers, when we request this information cannot get this
information. It's public record, y'all. Any citizen can come up and get it.
Certain personnel issues are not a matter of public recora, but when it
comes in a public preview regarding something such as this it becomes a
matter of public record and I should De able to get it. If any should be
able to get, I should be able to get it because that's part of my job.
So, if ] wasn't able to get it when ! make a simple request that tells me
that there's a problem. So, T'm not saying anything of the such
Councilwoman, ! don't know what your position is on that or what; where
you're going with this. !'m simply saying is, ! was not able to get the
information.
Councilmember Prince:
I think you know my oosition. But my thing 's...if we couldn't get the
evaluation tool that was used by the Board then this ~s one good reason
to table this resolution. ! just don't see us moving forward in good
conscience with this resolution. You just said we didn't get it. They got
it. I didn't get a chance, ! had my light on to ask Ns. Block some
questions, and ! didn't get a chance to but, however, I will speak to this...
because they got it and because they refused to give it the Council then
that's a good reason, you know, to just table this thing until we can
discuss it further.
Councilmember Flood:
Mayor, Mayor let me make a statement.
Mayor Ortiz:
Yeah, !'m going to limit this to one more Councilmember and we have to
go to a vote guys, otherwise, it's going to be on e~ght o'clock. I'm not
going to be here all night.
Councilmember Flood:
I'm going to make one statement, Mayor, before we go to the previous
motion, but ! won't make a comment to what Ms. Block was saying. I
don't know if you Jnderstand contracts and contractual agreements, but
this is one of the things that I think Mr. Mills has been beaten over the
City Council Special Meeting February 8, 2005 Page 23
head with was the payment made in the beginning of the Port Arthur
Tnitiative Group coming down from North Carolina.
Each projects in the beginning, the budget of each project is usually taken
care of by the budget of that project, and if it's done in phases, ! have no
money for this project so ! need the first payment of this first phase in
order to continue my work. That was agreed upon and it was taken care
of in that fashion. He wasn't paying because they didn't do any work. He
was paying because it was agreed that we would do this project and that
first phase needed to be paid in order for them to continue their work.
And another thing, on this evaluation, if the EDC Board did an evaluation
of Mr. Hills and it did not pass Council, well who then gave the EDC Board
the authority to continue with these evaluation without the approval of
Council if Council oversee the action of the EDC.
(Audience Jeered)
And that's what Mr. Beard has been saying the whole night here. Who
gave you the guys the authority to evaluate him with that procedures
when we would've had an input of saying T don't think this is legal, ! don't
think this is right. ! don't think this right. This is what you should do.
And then you go in and evaluate Mr. Hills and that's the reason Hr. Beard
did not get that evaluation. T'm through, Hr. Mayor.
Mayor Ortiz:
Thank you. Alright City Secretary we're going to take a roll call vote on a motion
by Councilmember Sinegal and Councilmember Flood to table this resolution. A
yes vote means we table it, a no vote, we don't. We go on. City Secretary.
City ~ecretary Green conducted the roll call vote on Proposed Resolution No. 12023
*(P. R. No. 13023 as corrected) fo//owin9 the posted Agenda information, introduction
by the Presid/n9 Officer and motions as fo//ows:
ITEM REQUIRTNG INDIVZDUAL ACTION
RESOLUTION
P. R. No. 12023 *(P. R. NO. 13023 as corrected) - A Resolution
Altering The Structure, Organization, Programs, And Activities Of
The Port Arthur Section 4A Economic Development Corporation
(Requested By Mayor Ortiz)
The motion was made by Councilmember Sinegal and seconded by Councilmember
Flood that Proposed Resolution No. 12023 *(P. R. No. 13023 as corrected) be tabled.
The following roll call vote was taken on the motion to table Proposed Resolution No.
12023 *(P. R. No. 13023 as corrected):
Councilmember Barker
Mayor Pro Tern Beard
Councilmember Flood
Councilmember Hannah
Councilmember Henderson
Councilmember Prince
Councilmember Sinegal
Councilmember Thompson
Mayor Ortiz
"No"
"Yes"
"Yes"
"No"
"No"
"Yes"
"Yes"
~No-
"No"
The motion to table Proposed Resolution No. 12023 *(P. R. No. 13023 as corrected)
failed.
City Council S ~g February 8, 2005 Page 24
City Secretary Green:
Mayor, let the record show four yes votes, fives noes.
Mayor Ortiz:
Thank you City Secretary. The motion failed. Let's...let's go on to the
other speakers otherwise well be here all night tonight. Is there anybody
else that's on this sheet that wants to speak. Wait, I've got somebody
coming up. Give us your name please.
Mr. Frank Yong:
My name is Frank Yong. ! live at 8538 Greenbriar, Port Arthur, Texas.
Some of you guys might know who ! am; some may not. ~['ve peen in
business in Port Arthur for a ~ong time. T started on Procter Street selling
wigs and an auto repair shop for over twenty years and now ! have a
computer business started fifteen years ago. And you guys know about
the story about my facility, the Port Arthur. Com Center.
Three years ago, I was very happy to be here presenting this opportunity
to the City of Port Arthur. Tt failed, we shut it down this year. Last year,
I'm sorry. But that ] come to talk about that. Let me ask you Mayor and
Councilmembers. You guys a re confusing me really bad with what's going
on. And you are elected by us City of Port Arthur citizens to do joo for us.
I'm simply asking you because you can't say anything about racial
because I'm not a black and ['m not a white.
An Unidentified Audience Member:
But you don't pay taxes.
Mr. Frank Yong:
Yes, I pay taxes.
Mayor Ortiz:
Ma'am, please. (The I~layor uses his gavel to restore order) We're not
going to have criticizing a speaker. If you do, we just soon have you
leave the audience. Okay.
Mr. Frank Yonq:
For the record, I have three property T pay big taxes for. A house I pay
taxes in the City of Port Arthur for. I been paying taxes since T ived here,
twenty somewhat years. What T'm asking you is this. When you
confusing your citizens of the City of Port Arthur you losing the respect. It
is embarrassing for our City, what it going on. ] am not for Mr. Ike Mills.
Obviously, I'm not happy. I'm down quite a bit of money opening a
facility. I'm simply asking you guys in front of these cameras
broadcasting all over Southeast Texas, the City of Port Arthur become like
in 1973 an Ali-American City again. Thank you.
Mayor Ortiz:
Okay. Anybody else on this list. Yes ma'am, your name?
Ms. Noel Ozen:
My name is Noel Ozen. ! live at 520 West 17t~ Street in Port Arthur.
City Council Special Meeting February 8, 2005 Page 25
Mayor Ortiz:
I'm trying to find you on the list..lust a minute, Ms. Ozen. Okay.
Ms. Noel Ozen:
I'm on the EDC Advisory Board.
Mayor Ortiz:
Okay, and you have three minutes.
Ms. Noel Ozen:
Okay, As a citizen of Port Arthur and a member of the EDC Advisory Board
for less than six months, I'm looking in on the confusion between some
members of the City Council ancJ the EDC Board. Mr. Mayor and the City
Council, citizens of Port Arthur are looking at what's nappening here, and
I'm looking at the confusion. I can't understand how Mr. Mills has even
functioned in the EDC with the City Council micromanaging him.
Just looking into everything I don't even understand why he would want
still this job. I wouldn't. From what I understand and what I've read, the
EDC was screweo up before Mr. Mills even got here. And they're also
saying, I've heard people say okay wel Mr. Mills doesn't have a political
science degree. T have a political science degree. T've heard he nas a
business degree. I would rati~er a bus.ness man run my EDC than a
politician, because from what ! understand and what ! see :[ would never,
never want my child to De a politician. And, I'm on the EDC Advisory
Board; tonight ! resign. Thank you.
Mayor Ortiz:
Thank you.
Ms. Noel Ozen:
T'm ashamed. I just want you to know that I'm very ashamed. And Mr.
Beard I want you to also know that...
Mayor Ortiz:
Ma'am...just...(Alayor uses his gave~)...! want to caution you not to use
anybody's name...
Ms. Noel Ozen:
...okay, well I want the City Council to know that there is other elections.
Thank you.
Mayor Ortiz:
Okay, that's fine. Alright and is there anybody else that wishes to speak
to this? Okay, sir, come on up.
Mr. Michael Laws:
Hi, my name is Michael Laws.
Mayor Ortiz:
Michael Laws...Here it is. Okay, Mr. Laws, you have three minutes.
City Council Special Meeting February 8, 2005 Page 26
Mr. Michael Laws:
! am the managing partner of a company in Port Arthur called Eco-Water
Tndustries. Many of the Board and the City Manager, Attorney and the
City Secretary have received a number of proposals that we've out in for a
grant and a loan submission to the EDC. in a nutshell, we were trying to
put together a recycling plant to take liquid waste, a variety of liquid
wastes in Port Arthur and build a world-class recycling facility. The City of
Port Arthur's Economic Development incentives were approximately a
$450,000 grant, a $450,000 loan ano our company, my partner, which ~s a
multi-national from Australia were going to put in a little over two million
dollars.
We have been working on this now for six months. To be quite honest, I
do not respect, I mean, T do not appreciate. How do I say this...I had a
speech worked out and it's like watching the ooor of the Wild West. EDC
has not worked in the six months that I've been trying to get ~ submission
through. For the first four-and-a-half months we were getting additional
new submissions, reouests for information, forms to fill out. All we
wanted to know and we were told we would get it within three weeks was
yes, this is something we can work with, no it isn't. That's all we wanted
to Know. After six months, we still don't have that.
I myself have been in Port Arthur. I built a business from nothing. Five-
and-a-half years ago to this year we did $800,000, last year we did
$800,000 in revenue. We investecJ in this community about million-and-a-
half dollars. We hac~ a direct economic impact which was four-million
dollars, right now I've got about a dozen people working for me, my two
top people: one is a woman, the other is an African-American. There are
three white people, three black people, four Hispanics that are my
permanent staff, so we're not a racial biased company. I pay an African-
American and a woman 50% more than I pay myself on a salary, so if you
think we're...you know...I don't feel the race issue is not it.
I'm watching you guys sitting there and you're having to make a decision,
you've got people in the audience cheering when somebody says, "we're
gonna sue you if we get fired." I'm standing up here and I'm saying,
okay, I've kissed my EDC grant goodbye...I may nave kissed my Dusiness
in Port Arthur goodbye. Ts somebody gonna sue me now because I'm
saying something that is no: agreed with.
What I do know for sure, and this is my personal experience with the Port
Arthur EDC, I do not get my calls returnecL A cou pie of weeks ago, three
or four weeks ago [ was supposed to sit before a EDC meeting. It had
been scheduled and at the City Counci meeting asr year said we would
go before the EDC meeting. We show up, we're not even on the agenda.
Nobody said anything...You know...Ike didn't come over and say, "oops;
sorry. We made a mistake." And I have nothing against Ike personally.
Three years ago one of my closest friends and one of my partners was a
senior...(three minute timer ring$)...sorry
Mayor Ortiz:
Okay, sorry...Thank you very much.
Councilmember Prince:
I have a little comment for him. ! just have a comment for him. Sir, you
mentioned that people were clapping when someone used the word "sue".
T used it ano I didn't have a problem using it. You're not going to get
sued and you're not losing your job. Okay?
City Council Special Meeting February 8, 2005 Page 27
Mayor Orr!z:
Alright, do we have anybody else before we take a vote on this resolution
who would like to come and speak that is on the...we still have about
three or four more people. Okay, Mr. Carter ....
Mr. Morris Carter:
My name is Morris Carter and ! reside at 8324 Chimney Rock Court, Port
Arthur. ! had the opportunity to serve on this EDC Board and on the Park
Central Municipal Utility District...this whole process has been reminiscent
of that experience. And you know in past working with the City, it has
been my pleasure to do so, but ! had to express tonight my
disappointment at the direction that the City Government is taking this
Corporation.
Again, it couldn't come at a worse possible time, in my opinion as well.
Time when the economy of the area is on an upturn, a lot of business
development opportunities that are coming our way. A long list of those
is pretty much being held at bay right now while the Corporation and the
City kind of deals with these other matters. And they are being delayed.
! think the benefits to the City, is gonna...! don't know if it's going to be
lost or not but we will recoup, but it's going to be delayed.
As someone who's served on the Advisory Board and the Board of the
EDC, i'm certainly not one to make excuses for the failures of the
corporation. The ones that...some of those, well, many of those that
we've heard about time and time again. But T would say that ! think that
enough is not being said about the progress and accomplishments and
what !'ve seen is some real improvement from the time that I've been
there and the way i've seen matters being handled. !t is a shame that
there's not enough patience more or less to work on that harder and to
work more cooperatively on that for the change and improvement.
When ! compare the three audits that have been talked about so much,
then someone being somewhat of the optimist that ! am, ! can see that
the auditing results have been getting better, but they're not perfect. And
again, ! will not make excuses for that fact. !t is not too much to expect
that the citizens of Port Arthur for those audits to be perfect...to one day
not have these deficiencies.
But ! would ask that the City Council in your wisdom consider extending
more patience to the EDC Corporation and their organization. ! think it's
salvageable. ! think it's certainly a powerful vehicle for economic
development and ! think it's more than it has...to look at it on
balance...has accomplished some things. Granted all assistance applicants
have not received what they want. There are certainly more requests for
assistance than we have budget resources and other resources to handle.
One of the biggest, in my opinion, is impairment of the corporation. !t's
really just a lack of staff and other resources to both direct administrative
processes, as well as, address the long line of businessmen that seek
assistance from the corporation. Tt's just basically a lack of staff and for
various reasons consultants and attempts to hire people directly on staff
and bring other people on board that can help the corporation build in
capacity to manage its business better has not worked out.
in fact, it just hasn't been able to get those resources in place and I
would ask that we find a way to work together and help build that
capacity starting with bringing those right people and resources on board.
City Council Special Meeting February 8, 2005 Page 28
Mayor Ortiz:
T've got one light, Mr. Carter. Councilman Henderson.
Councilmember Henderson:
Mr. Carter, excuse me, were you involved in the evaluation of Mr. Mills?
Mr. Morris Carter:
T was, sir. (Three-minute timer rings)
Councilmember Henderson:
You were involved with it?
Mr. Morris Carter:
Yes, sir.
Councilmember Henderson:
Can you tell us why the probationary period? Why...if...in your own mind
was a probationary period justified?
Mayor Ortiz:
Before you answer that let me ask the City Attorney to give an opinion on
that, Tom, ! think we're getting into personalities and personal things.
Councilmember Henderson:
Well it was already brought in rVlayor.
Mayor Ortiz:
I know it...[ know it. I just don't want to get any deeper into it.
Councilmember Henderson:
Alright; I'll withdraw the question if it's out of order.
Mayor Ortiz:
Yeah, T think we don't want to get into personalities.
Councilman Sinegal.
Councilmember Sinegal:
Yes, sir. Hr. Carter, ! want to say ! appreciate your comments. I think
you're a professional beyond comments. :I've watched you work in the
past months that you've been on the EDC. T think that's one of the
privileges we've had...we've had professionals that are on there that
could do this thing. We haven't given them a chance. And most of the
people that's ready to remove Mr. Mills did not even know all the board
members.
The board members are here tonight. The majorib/of them...you know,
quite a few of them and [ believe if you put a board SUCh as yourself, !
hate Ms. Ozen resigned, but, SUCh as yourself in place with an attorney
that can understand munic pal government and how it interacts with the
City Council. T have no doubt that the EDC woul~ be one of the best i~
the Country, probably in the world. ! just want To go on record to say
City Council Special Meeting February 8, 2005 Page 29
that. That's one of the things
comments.
Mayor Ortiz:
I"m asking and ]
appreciate your
Thank you. Anybody else that wishes to speak on Proposed Resolutio~
12023 *(P. R. No. 13023 as corrected) before we go to vote on it. Mrs.
Rutherford.
Mrs. Verna Rutherford:
Good evening Mayor and members of the City Council. Verna Rutherford,
President of the Port Arthur Chamber of Commerce. I proudly reside in
Port Arthur for the first fifty years of my ire at 8138 Heatherbrook
currently and I hope to reside in Port Arthur for the rest, the remainder of
my life.
T sit here this evening and ! recall some of the same types of incidents
occurring that have caused ciivisiveness in our community time and time
again. And it's really disheartening and we hope that we can be a part of
bringing solutions to bring...to end the chaos that's been going on. The
chaos that's being going on at the EDC didn't just start toe, ay. Tt didn't
just start a couple of years ago. It started unfortunately...it started in
1996.
! brought a file with me this evening because we, the Chamber, were the
leading organization to form the Economic Development Corporation. I've
got the bills, I've got the marketing strategies, we've the copies of the
ads, T've got everything with me. We want the Economic Development
Corporation to be successful. We want it to do the good things for the
community that it was established to be able to do.
Tt's really sad when a few people talking about if this happens we want it
dissolved. Tf this happens, we're going to do this and that and the other.
We need to bring an end to that by putting together a structure and
organization and doing things that will make the organization operate
effectively.
From the very beginning, I think it was Mayor Pro Tem Beard or ! don't
remember who it was, but someone asked about the structure that was
put in place initially. And there was a memo that was submitted on behalf
of the Chamber from a consultant offering to put together a profile
establishing policies, procedures, incentive policies, bylaws to develop the
charter and to do all of those things to help get the Economic
Development Corporation get to the right start right after it was passed in
November of 1995.
None of you here, on the Council, you know, were here then and so it's
certainly not your fault. It's not the fault of anyone that's involved in the
Economic Development Corporation Board or the current staff in any
capacity. Tt goes back to the original formation when we had hoped that
policies and procedures could be put in place to keep the situations that
have arisen throughout these ten years from happening.
You know, sometimes we sit here even in the Council Chambers and votes
come up to a appoint new Councilmembers or new Board Members to the
EDC and some of the...there's confusion about how that should be done.
And how they should be appointed and had all of that been handled on
the front end, we wouldn't be where we are today.
We wouldn't have the divisiveness, but rather we would be using the
$2.68 million that we received in funds from the half-cent sales tax to the
betterment of the community. The amount of the revenue that comes
into the corporation now is doubled what it was when the EDC was
City Council Special Meeting February 8, 2005 Page 30
formed in 1995. We are literally the envy of our surrounding
communities. There are friends of the communities around us, but they
envy us because we have economic development dollars that they drool
over. And if we use those dollars for the betterment of the community
and if it were done in an organized and structured way, ! can't even
imagine what we could be doing now.
At the Chamber we respond to at least forty business prospects a month.
We keep a log of all the prospects. Whether they're an existing business
looking for assistance, whether it's a new company looking to come into
the area, the Economic Development Corporation, I'm sure gets a number
of those, as well. (Three-minute timer rings)
! would just close by saying that as the Chamber of Commerce stands
ready to do whatever we can in a voluntary capacity to provide leadership
and assistance as you look at options about how a structure could be
established. Thank you.
Mayor Ortiz:
Councilman Henderson.
Councilmember Henderson:
Excuse me, Verna, you had mentioned the number of requests that
comes in through the Chamber of Commerce. Most of those you pass on
to the EDC?
Mrs. Verna Rutherford:
Of an industrial nature, we share those with the EDC. We work them
together. Sometimes we pass them off and they bounce back and forth.
Sometimes we refer them on and maybe just make a courtesy follow-up
call.
When the EDC was formed, and I'm going back to the days that the very
first Board Director was hired, the very first thing that we did was then
schedule an appointment with my then chairman of the board to meet with
the director. And we said, "You know there's so much work to be done.
We're thrilled to have you. We want the EDC to be successful. We want
to work together to enhance our efforts and to be successful."
We as a Chamber focus more on service and retail industry for the most
part, whereas the EDC that was formed under the 4A should focus more
on the industrial efforts. Now, truthfully, a lot of the industry, because
industry folks are members of the Chamber of Commerce, LNG facilities
and companies like that come to the Chamber first and we include, invite
and encourage the participation and involvement of everyone to come to
the table. As you know we put together leadership teams to welcome
them and to address the needs and the concerns that they have. So yes,
we work in concert with the other entities to the extent that we're able to
do so.
Councilmember Henderson:
The leads that you have passed on, in your experience, has the EDC been
prompt to follow up on those leads?
Mrs. Verna Rutherford:
That's not something that the EDC has ever done from day one. They're
not prompt now, and they never have been. You know, and I've said this
to several Councilmembers that I've spoken to in the last couple of days,
you know, some days it's really tough for me to get through my day.
City Council Special Meeting February 8, 2005 Page 31
You know, if ! weren't spending 12, 14, 16-hour days, I wouldn't get my
job done because some weeks ! spend 25-30 hours a week just trying to
mediate situations and controversy in this community and that's not what
we should be spending our time on. And so, it goes back to the
beginning of the Economic Development Corporation, for whatever
reason, you know. Yes, there are challenges with follow-ups being done.
! won't stand here and deny that.
Councilmember Henderson:
So, a lot of the resources in of the Chamber of Commerce are expended
on economic development.
Hrs. Verna Rutherford:
Host definitely. In two days last week, ! personally spent 14 hours in just
two days with issues relative to economic development. AncO, you know,
that's a part of what we do. !t's a great part of what we do, but it would
sure be nice to be able to...for all of us To be able to spend the time and
effort that we spend. Sometimes now often mediating dna trying to
diffuse controversy in the community to doing things that would help our
residents and make our City shine dna be more prosperous for everyone
who lives here.
Councilmember Henderson:
Certainly, thank you, Verna.
Hayor Ortiz:
Councilman Sinegal,
Councilmember Sinegah
Yes, Ms. Rutherford. As I spoke with you yesterday, you offered to in a
voluntary capacity to try and work with the EDC and get ail on the same
track and put them on the same track. Can you do that with the current
EDC or are these resolutions to cure-all to assist you in doing that?
Hrs. Verna Rutherford:
Well, we the Chamber are standing prepared to work with whoever and
whatever structure is in place. We would like to help to bring some
structures and some models ana some best oractices that are done in
other communities to the table so that the entity that we have could be a
better entity. And so that we can all work for more progress for the
community and we can work under pretty much any situation that's
presented to us.
Councilmember Sinegah
Right. And the reason ! asked that question's mainly because if we can fix
it without passing this ordinance ano this resolution, having you, as you
said, in a voluntary capacity come in, work closely with the EDC. You're
doing it already, or possibly through some compensation even, with Hr.
Mills in place, ! see no need for this resolution and this ordinance.
! know your expertise as far as dealing with the business climate in this
area and T commend you on that and ! think you oo a great job. My deal
is the divisiveness that this has shown tonight is going to set us back to
maybe mid-1980's or even further or even further. So if we can mend
these wounds that we're opening tonight by having the Chamber, Mr. Mills
City Council Special Meeting February 8, 2005 Page 32
with the full Board in place, find another attorney and you know, fix this
thing without trying to sever someone's employment.
Now, if you feel and I'm not going to put you on the spot to say this, to
say that. But if you feel Mr. Mills and don't answer this, but ! want to go
on record to say, if you feel Mr. Mills is not capable of running the EDC
then that's out the window, so I wouldn't want to consider that.
Mrs. Verna Rutheford:
Well, ! don't think first of all, ! don't think ! have a right to respond to that
and I don't think that I'm in a position because ! don't have all of the
information before me. ! don't know the internal operations to that
extent.
! will say that again, whatever situation that we're presented with, we're
willing to roll up our sleeves and make it work and ! think that we've
proven that. I tell people everyday I don't know everything, but I sure
know how to access resources and we know how to work together and I
think that people skills and trying to bring people together is one of our
strongest points.
We can go out and find the help that we need to make things happen and
to make them work. And, you know, T think maybe this is as good a time
as any to say that you know, ! look forward to the day in the very near
future that I can go home and I can spend the majority of my time in
retirement with my husband. And I'm not a quitter and ! don't want to
leave my job right now, because ! think that there's a lot of work that's
left to be done.
There's a lot of uniting and a lot of working together that needs to be
done. T think a lot of other people can do the same thing, but ! think it's
a talent and a gift that ! have. And, ! think our Chamber is seen as a
stabilizing force and ! would love to see that happen before moving on
and to spending time in retirement. And, so the Chamber's not looking to
take charge, take over and neither am ! personally. We're looking for
ways to make things happen and make things work so that it's a more
peaceful and calm environment for all of us.
Councilmember Sinegah
Thank you.
Mayor Ortiz:
Councilman Flood.
Councilmember Flood:
Ms. Rutherford, before you leave, Mayor Pro Tem Beard ! think we just
came up with a solution. You say where do we go from here? Why,
that's great. Ms. Rutherford just came up with a good idea, ! think, or let
me say I come up with a great idea just listening to you talk.
I would like to see Mr. Mills stay in that capacity and work along with the
Chamber of Commerce to see if we can get some of this organization
intact. He needs administration along with a complete board. He needs
administration help and within ninety days to six months we come back
and evaluate and see where it has gone; if it had made any progress. If
had made any progress, then we have healed the cancer. So, that's what
I'd like to see happen.
City Council Special Meeting February 8, 2005 Page 33
Mrs. Verna Rutherford:
As ! said, we're not in a position to be a part of it, but we're happy to oo
whatever...
Councilmember Flood;
!f you're willing to work with him then let's give this an opportunity. !
mean, what is the rush that we do this? Because it seems that when the
EDC was formed it was a rusn and certain things wasn't implemented and
because of those things that were not implemented that is the reason that
we got such a controversy today. Because we cannot evaluate the
director, we can't get this, we can't do this. So ! think we should g~ve
them more opportunity to WOrK with Ms. Rutherford as part of Council
taking charge in doing something to restructure.
Mayor Ortiz:
!s that it?
Councilmember Flood:
Yes, sir.
Mayor Ortiz:
Alright, thank you. ! have about six more names. Anybody else that's on
this list that wishes to speak before we go to a vote? Anybody else that's
on this list that wishes to speak. AIright, ! think that that is a no.
City Attorney:
Mayor, just for the record, ! did notify Hr. Mills of the pending
resolution/ordinance, so if he does want to have an opportunity to speak,
certainly.
Mayor Ortiz:
Well, yes, Mr. Mills knows he can speak. He's got his name on the list, so
he can come up anytime he wants to. !f he wants to wait until the second
one, or the first one.
EDC Executive Economic Director Mills:
!'11 wait to reserve to the last...
Mayor Ortiz:
AIright, sir. Thank you.
Alright, having said that we'll go to a roll call vote.
City Secretary for Proposed Resolution 12023, *(P. R. No. 13023 as
corrected), a resolution altering the structure, organization, programs and
activities of the City of Port Arthur Section 4A Economic Development
Corporation. A yes vote means we pass the resolution, a no vote means
we don't.
City Secretary.
C/ty Secretary Green conducted the roll call vote on Proposed ResoluDbn No. 12023
*(P. R. No. 13023 as corrected) fo/lowing the posted Agenda information, introduction
by the presiding Officer and motions as follows:
City Council Special Meeting February 8, 2005 Page 34.
I'V. tTEM REQUIRZNG ZNDIVIDUAL ACTt'ON
RESOLUTLON
P. R. No. 12023 *(P. R. No. 13023 as corrected) - A Resolution
Altering The Structure, Organization, Programs, And Activities Of
The Port Arthur Section 4A Economic Development Corporation
(Requested By Mayor Ortiz)
The Mayor introduced the above-mentioned resolution.
The motion was previously made by Councilmember Henderson and seconded by
Councilmember Thompson that Proposed Resolution No. 12023 be amended as stated
by the City Attorney.
The following roll call vote was taken on the motion to adopt Proposed Resolution No.
12023 *(P. R. No. :L3023 as corrected):
Councilmember Barker
Mayor Pro Tem Beard
Councilmember Flood
Councilmember Hannah
Councilmember Henderson
Councilmember Prince
Councilmember Sinegal
Councilmember Thompson
Mayor Ortiz
~Yes'
"No"
· ,Yes~
"Yes"
"No"
"No"
"Yes"
"Yes"
Proposed Resolution No. 12023 *(P. R. No. 13023 as corrected) was adopted becoming
Resolution No. 05-051.
The caption of Resolution No. 05-051 reads as follows:
RESOLUTt*ON NO. 05-051
A RESOLUTION ALTERTNG THE STRUCTURE,
ORGANI'ZATTON, PROGRAMS, AND ACTi'VTTTES OF
THE CITY OF PORT ARTHUR SECTZON 4A ECONOMZC
DEVELOPMENT CORPORATTON (REQUESTED BY
MAYOR ORTZZ)
City Secretary Green:
Mayor, let the record show five yes votes, four noes.
Mayor Ortiz:
Motion carries. Let me read the ordinance or City Manager you can read
the ordinance and we'll look for a motion and a second.
City Manaqer Fitzqibbons:
Proposed Ordinance No. 5496 - An ordinance amending the budget of the
City of Port Arthur Section 4A Economic Development Corporation for
fiscal year beginning October 1, 2004 and ending September 30, 2005.
(Requested by Mayor Ortiz)
Mayor Ortiz:
[ need a motion and a second to get this ordinance on the floor.
Councilman Henderson
City Council Special Meeting February 8, 2005
Page 35
Councilmember Henderson:
So moved, Mayor.
Mayor Ortiz:
Thank you, sir. And T need a second. Councilman Hannah.
Councilmember Hannah:
Second, Mayor.
Mayor Ortiz:
Thank you, sir.
Notion made and second that we adopt Proposed Ordinance 5496.
Going to do it the same way again, ]'m going to go back to the Council
ask any Councilmembers that wish to make any remarks on this
ordinance. And then we'll go to the remaining speakers that we have for
the night.
TS there anybody on the Council that wishes to speak to this ordinance?
Okay, Councilmember Flood.
Councilmember Flood:
Let me ask the City Attorney. With...J'm thinking about the statement that
Mr. Lewis made here earlier. Is this a legal issue, or this is gonna be legal
to continue with the votes that he feels that is not legal?
T want to go on record making sure that T do not, as a Councilman, do not
get in any litigation or be placed in a position as Council of knowing
something or having information or something and did not act upon it by
voting on this issue tonight. Is there legal ramifications, here?
City Attorney Sokolow:
We've already given you a political opinion on that.
Councilmember Flood:
Okay. Alright.
Mayor Ortiz:
Okay. ! have no further Council lights so !'m going to go back to the
speakers.
! have x number of speakers lei'c, if you want me to call out your names,
i'll be glad to. Otherwise, if you know who you are, you can start working
your way up. Okay, the first one is Lumos Mitchell. Did T, ] didn't want to
pronounce the first name wrong, so Hitchell. Ts there a Mitchell in the
audience?
How about a...?
Councilmember Prince:
! think it is Elyria.
City Council Special Meeting February 8, 2005
Page 36
Mayor Ortiz:
Elyda. l:'m trying to think, Councilmember Prince, ! don't really
know...Mitchell...Is that?
Councilmember Thompson:
Elyria.
Mayor Ortiz:
Okay. is there an Elyria Mitchell here?
Councilmember Thompson:
She's not here.
Mayor Ortiz:
Let me go to the...Mr. Mills, ! think you said you wanted to be last.
Okay, Thomasene Thomas. Hrs. Thomas.
Councilmember Sinegah
She left.
Mayor Ortiz:
She left too? Okay. AIright, Mr. Ronnie Lincien. Okay.
Mr. Mills, that leaves only you left, oh, wait a minute.
Don Pumphrey. Don, you pass up?
Okay. Mr. Mills, that leaves you as the last speaker.
Where is Mr. Mills at? Sir? Okay. AIright.
Councilmember Prince:
[ need to ask nlm some questions.
Councilmember Flood:
He wants to do it after we take a vote.
City Attorney:
Well...We've got a motion and a second. You've got speakers that after
the speaker's discussion that would be it, really.So ~' ne wants to
speak ....
Mayor Ortiz:
Yes sir.
We're gonna need to...Well it's gonna be...it doesn't make any difference
after the vote. He's gonna...Mr. Mills ....
Councilmember Flood:
That's what he wants, though.
City Council Special Meeting February 8, 2005
Page 37
Mayor Ortiz:
That doesn't make protocol, Mr. Flood.
Mr. Mills you're going to have to speak now, sir. Because after we take
this vote, the meeting's over with. T'II adjourn this meeting, so...you're
going to have to speak now if you want to speak. Just give us your name
and address and you'll have three minutes.
EDC Former Executive Director Mills:
Ike Mills, living at 3235 Fifth Street, Port Arthur, Texas. ! guess the
former Executive Director of the Economic Development Corporation.
First ! want to thank God for tl~e opportunity to address supporters and
the City Council.
Councilmember Sinegah
Mayor. Excuse me, Mr. Mills.
Mayor, i'd like to ask this question first. Mr. Mills, if your statements are
going to be as if we've already taker a vote, it may be perceived that you
are going to resign.
Mayor, I prefer to have Mr. Mills speak after we take the vote, because if
he has something that...
EDC Former Executive Director Mills:
Yes.
Councilmember Sinegah
...that refers to him eaving that position, he doesn't know, ! don't know.
Councilmember Flood:
And it may change.
Councilmember Sineqah
So !'d rather take the vote and allow him to speak because it refers to his
employment with the City and if the vote goes one way or the other,
maybe he won't even make a statement.
EDC Former Executive Director Mills:
That's why ! requested to do it at the end...
Councilmember Sinegal:
At the Council's privilege, my privilege, ! would like to ask that he speak
afterward.
City Attorney Sokolow:
Well, let me...let me._The point is when the resolution and ordinance
came up, I sent them to Mr. Hills as to give him an opportunity to speak
to the Council before the Council acted. Now, if he would prefer not to do
that, if he would prefer wait until after the Council voted on everything,
that's up to Mr. Mills.
City Council Special Meeting February 8, 2005 Page 38
EDC Former Executive Director Mills:
That is what I requested.
Mayor Ortiz:
Okay. Alright. No._No._We're go~ng to bring him back after the vote.
City Attorney Sokolow:
Alright...then.
Councilmember Prince:
But before the vote, we can't ask him any c~ uestions?
Mayor Ortiz:
No, because he doesn't want to speak until after the vote.
City Attorney Sokolow:
He has decided that he does not want to speak before the Council vote.
Mayor Ortiz:
(The Mayor uses his gavel to restore order)
Alright. Be patient, folks, we're almost done. Be patient.
Okay, City Manager, will you read the ordinance again one more time?
City Manaqer Fitzqibbons:
Proposed Ordinance Number 5496 - An ordinance amending the budget of
the City of Port Arthur Section 4A Economic Development Corporation for
the fiscal year beginning October 1, 2004 and ending September 30,
2005. (Requested by Mayor Ortiz)
Mayor Ortiz:
Alright. A yes vote means, of course, the ordinance passes. A no vote
means it fails, so City Secretary we'll take a roll call vote.
City Secretary Green conducted the roll call vote on Proposed Ordinance No. 5,196
fo#owing the posted Agenda information, introduction by the City Manager and motions
as follows:
V. ~'TEM RE(~UI'RTNG ~'NDI'VZDUAL ACT~'ON
ORDI'NANCE
P.O. No. 5496 - An Ordinance Amending The Budget Of the City
of Port Arthur Section 4A Economic Development Corporation For
The Fiscal Year Beginning October 1., 2004 And Ending
September 30, 2005. (Requested By Mayor Ortiz)
The City Manager introduced the above-mentioned ordinance.
Upon the motion of Councilmember Henderson, seconded by Councilmember Hannah
and carried over the dissenting votes of Mayor Pro Tern Beard; Councilmembers Flood,
Prince and Sinegal, Proposed Ordinance No. 5496 was adopted becoming Ordinance
No. 05-12
City Council Special Meeting February 8, 2005 Page 39
The following roll call vote was taken on the motion to adopt Proposed
5496:
Councilmember Barker
Mayor Pro Tem Beard
Counciimember Flood
Councilmember Hannah
Councilmember Henderson
Counci Imember Prince
Cou ncilmember Sinegal
Coun¢ilmember Thompson
Mayor Ortiz
· ,Yesn
"No"
"No"
"Yes"
"Yes"
"No"
'~No"
-Yesn
"Yes"
Proposed Ordinance No. 5496 was adopted becoming Ordinance No. 05<[2.
The caption of Orainance No. 05-12 reads as follows:
ORDLNANCE NO. 05-12
AN ORDINANCE AMENDING THE BUDGET OF THE
CITY OF PORT ARTHUR SECTION 4A ECONONMLC
DEVELOPMENT CORPORATION FOR THE FISCAL YEAR
BEGINNLNG OCTOBER 1, 2004 AND ENDltNG
SEPTEMBER 30, 2005 (RE(~UESTED BY MAYOR ORTIZ)
Ordinance No.
Ci~ecreta rv~.~E~:
Mayor, let the record show five yes votes; four noes.
Mayor Ortiz:
The ordinance c~rries. We have only one oiece of business lett to take
care. Mr. Mills you can come forwaro and make your statement. I'm not
going to limit you to three minutes, but I hope you use a little discretion
because it's already after eight o'clock.
EDC Former Executive Director '4ills:
This won't take long.
Mayor Ortiz:
Alright.
EDC Former Executive Director Mills:
]ke Mills, 3235 Fifth Street, Port Arthur, Texas.
Here we are. First I want to thank God for the opportunity to say the
message to supporters from the community as well as City Council. I've
been working for the City of Port Arthur for about twelve years. During
this time I've always performed my duties with highest integrity, ethical,
and professional behavior. Let me repeat that. During this time 1[ have
always performed my duties with the highest integrity, ethical and
professional behavior, despite what you have heard today.
I'm not going to go into detail, not at this point. I've always believed that
T could make Port Arthur a better place. ~ still believe that. Even in the
midst of the Mayor and City Council constantly attempting to ruin my
credibility, the Port Arthur Economic Development Corporation has done a
lot of positive things in the community. The hospital is just one of these
projects. Nobody talks about that and that's fine. I don't want to wave
City Council Special Heeting February 8, 2005 Page 40
no balloons, because my job is to go out and bring in projects, do projects
on behalf of the community.
For this City's continued growth the issues of special interest, conflict of
interest, greed and leadership must be addressed and dealt with today,
immediately. Therefore, ! am requesting that this community, talking to
you people, everybody here, black, white, yellow, brown. It is your
responsibility to request and demand a thorough investigation into the
whole city. (Audience app/ause)
And I will leave you with this thought, but I'm going to first pass around
some information for you. (Passed out information)
Councilmember Flood:
Let me pass them down for you, save yourself some time.
EDC Former Executive Director Mills:
Oh, what a joyous day in the Word of God. 1[ want to leave you with this
thought, and T'II be very brief. The devil may have closed this door, but
the Lord will open bigger doors. (Amen from the Audience)
Because of the respect and my high ethical standards, I will not be
bought, neither yesterday, today, or tomorrow. Thank you, and good
night.
(Audience app/ause)
Nayor Ortiz:
(l~layor uses his gave/to restore order)
Okay, have a sit down.
I'll entertain a motion to adjourn. Councilman Henderson.
Councilmember Henderson:
So moved Mayor.
Mayor Ortiz:
Okay, ! neeo a second. Cou ~cilman Thompson.
Councilmember Thompson:
Second.
Nayor Ortiz:
Motion made and seconded that we adjourn. All those in favor say aye.
City Council:
Aye.
Mayor Ortiz:
All those opposed. (None)
Stand adjourned.
City Council Special Neeting February 8, 2005 Page
?V. AD.1OURNM ENT
Upon the motion of Councilmember Henderson, seconded by Councilmember Thompson
and carried unanimously, the City Council adjourned their meeting at 8:05 p.m.
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.
MAYOR ORTZZ
A'Iq'EST:
CITY SECRETARY EVANGELTNE GREEN
END OF SPECLAL MEETING HELD February 8, 2005 APPROVED:
City Council Special Meeting February 8, 2005 Page 42