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HomeMy WebLinkAbout1982-02-17 Regular Meeting• • • MINUTES OF THE REGULAR MEETING OF THE LA PORTE CITY COUNCIL FEBRUARY 17, 1982 1. Meeting called to order by Mayor Meza at 7:00 P.M. Members of the City Council Present: Mayor Meza, Council- persons Norman L. Malone, John Longley, Gus Faris, Doug Latimer, Tom Simons, Deotis Gay, Don Skelton Members of the City Council Absent: Councilperson Linda Westergren Members of the City Staff Present: City Attorney Knox Askins, City Manager Jack Owen, City Secretary Betty Waters, Police Chief H. F. Freeman, Public Works Director Jerry Hodge, Fire Marshal Paul Hickenbottom Others Present: Betsy Webber, Bayshore Sun; Frieda Beaty, • Baytown Sun; Dave Corbin of Busch, Hutchison & Associates; and 16 interested citizens. 2. Councilperson Norman Malone delivered the invocation. 3. The Council considered the minutes of the Regular Meeting of the La Porte City Council held February 3, 1982. Motion was made by Councilperson Faris to approve the minutes as presented. Second by Councilperson Simons. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Latimer, Simons, Gay, Skelton and Mayor Meza Nays: None 4. The City Council considered letters from the County Clerk's office concerning the election and from County Judge Jon Lindsay concerning charges for the use of voting equipment. Askins: I requested this item be placed on the agenda after Mrs. Waters brought to my attention a letter she had received from County Judge Jon Lindsay concerning the prices on the new voting machines which will be put into service March 1st to be used thereafter because they are retiring the Shoup machines. The fees will be $25.00 each and $190.00 per counter. • In the next paragraph the letter states that absentee voting will be billed on a daily rate prescribed by Article 7.15, • • Minutes, Regular Meeting, La Porte City Council February 17, 1982, Page 2 Subdivision 8, Paragraph C of the Texas Election Code. There is a copy of that following the letter in your agenda, which says they can charge up to 10 percent of the cost of the machine as a daily rate. This appears in pretty plain English to me that what they are going to do is charge $25.00 per day per voting machine. Mrs. Waters advises tonight that she has been in conversation with some of the officials in the voting machine department and the County Clerk's office, and the let- ter doesn't mean, apparently, what it said. They do intend to stay with the old established policy of the County, which is to charge a flat rate for the entire period of absentee voting rather than so much a day. In other words, we pay so much for each machine for the entire period of absentee voting and so much for each machine on election day. If that be the case, the letter which I have drafted perhaps would not be in order. I would propose perhaps, that Council authorize us to investigate this further and if the City office can get an exact determination from somebody in authority to the fact that we are not going to be billed such an exorbitant bill of $425.00 per machine during absentee voting, we can let the • matter rest. However, if we can't get this determination, I think we should have some authority from the Council to pursue it. Meza: I will entertain a motion from the Council to authorize our Secretary to continue investigating this until we deter- mine what is the proper charge for the voting equipment, if we will indeed be paying on a daily basis, or if we will have the previous arrangement. Faris: I so move. Simons: I second the motion. Meza: We have a motion and a second. Do we have any questions? Longley: It was my understanding that the counters would not be necessary, that we already have that equipment. Is that correct? Askins: No, that is not correct. We will need one of those; it will be brought down here for use that night. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Malone, Longley, Faris, Latimer, Simons, • Gay, Skelton and Mayor Meza Nays: None • • Minutes, Regular Meeting, La Porte City Council February 17, 1982, Page 3 Faris: Have we in fact determined we will have an election? Askins: Are you talking about the availability of the voter lists? Faris: I'm talking about the situation with registered voters not having voters registration certificates. Askins: I talked yesterday with some other City Attorneys and County Attorney Mike Driscoll on that, and I guess the latest information I have is what I saw in the Bayshore Sun that Carl Smith had decided to go ahead and publish the list. Faris: So we are going to have an election on April 3? Askins: I talked to Driscoll on that and I guess the latest information I have on that is that if we have to, we will have each voter sign an affidavit and vote on affidavit. I think that is a moot point now, and I think we are going to have proper lists. So the election is on. i 5. Administrative Reports: City Manager Owen presented a request from the Public Works Department for approval to sell scrap metal to the highest bidder, the money to go into the General Fund. Council authorized the Public Works Department to sell the scrap to the highest bidder and the funds to be deposited in the General Fund. 6. Council Action: Mayor Meza asked that someone representing the La Porte Rodeo Association come forward to address the Council. Councilperson Malone spoke for the Association, requesting the use of the Lomax Rodeo facilities for the March 26 and 27 Fat Stock Show and Rodeo for the La Porte Future Farmers of America. Mayor Meza agreed to have a report from Parks Director Sher- wood by February 24th workshop concerning the condition of the arena and area. Councilperson Skelton: One of the things I brought up several weeks ago was the railroad tracks out on 225. There have been • letters written, but we have had no response. They are getting worse. We need to get on the phone and call. I would like to request each member of Council to follow up on this this next week. • • • Minutes, Regular Meeting, La Porte City Council February 17, 1982, Page 4 Councilperson Latimer: I just want to say thanks to people who have tried to help me out and get me going. I am still learning my way as to what my responsibilities and duties are. Councilperson Faris: I need an executive session for three personnel matters and one personnel and legal matter. I need to ask that Mr. Askins be present for all of them, Mr. Hodge for the first one, and Freeman for one, and I also would like Mr. Sherwood, but he's not here, so Jack you're going to be in there for all of them so you can take care of that one. Councilperson Longley: I would like to request an executive session for a contractural matter. Councilperson Faris: One more thing; we had a meeting last Thursday at the Optimist Club. The Gulf Coast Wast Disposal Authority came out and put on a program for us. We listened to some of the proposals they have. I wanted you to know I have gotten several responses for the Committee from all phases of government, as well as from some local groups. It looks • like things are going real well for the fight against the Gulf Coast Waste Disposal Authority. I will keep you updated as best I can. Mayor Meza: I received a letter of resignation from Lindsay Pfeiffer from the Planning and Zoning Commission and I have been considering the name of Andy Wilson to replace him on that Board. I would request the Council think about this and we will take it up at the next workshop session. 7. The Council at this time adjourned into Executive Session. Council returned to the Council table. 8. There being no further business to be brought before the Council, the meeting was duly adjourned at 8:10 P.M. Res ectfully~submitted: tt ,~ T . Waters City Secretary Passed and Approved this the 3rd day of March, 1982 J. J. Meza, Mayor • • • MEMORANDUM February 12, 1982 TO: Mayor and City Council FROM: Betty Waters, City Secretary • Thursday, February 11, 1982, I had an appointment with County Clerk Anita Rodeheaver to discuss the operation of the new punch card voting machines. Upon arrival, the first thing Mrs. Rodeheaver did was present me with the enclosed letter. She said that this letter would be going out on the 12th to all the cities in Harris County and she felt we should make our attorneys aware of the situation and attempt to determine a course of action. The letter has no address and is not signed, but we should receive another letter Monday or Tuesday. I am also including a letter from Judge Lindsay received in December concerning the new machines and costs. Additionally, you will find a copy of Article 7.15, Subdivision 8, Paragraph C of the Texas Election Code. i~ ~~? B '` ty Waters City Secretary BW/cb Enc. u pJ~~V OF yq~~ U * N ~~ ~* 9TF OF ~~} ~IZL~CL ~~QL L/Lc`_.~~TL 1. COUNTY C L E R K HAR R 1 S COUNTY. TEXAS _.. ,~~;~'~__. 40'6 (DATE] [ADR] Dear [NAME] 4~' f'4` ~`~141 "m~'~9 ~ .~m~19/~-_ _ _ 7 Inasmuch as you are required to hold an election on April 3, 1982, the following infor- mation is being furnished as I feel you should be aware of existing conditions which will effect your election process. We recently notified you of the change Harris County will make on March 1, 1982, in the voting system we will be using. The equipment is all here in Harris County and we are prepared to instruct each of you in all phases of its operation. There is presently ligation in the federal court in Dallas, Texas, involving the House Legislative and Senatorial lines as well as a federal suit in Austin, Texas, involving the Congressional and State Board of Education lines. Further, the Justice Department has ruled the Legislative lines must be redrawn. As a result, we in Harris County must await action of these courts to determine boundary lines. By state law, new lines, as well as new voter registration certificates, are to be effect- ive on March 1, 1982. Some 80 new election precincts were created in the re-districting. The Commissioners' Court cannot redraw or set election precinct lines which precludes the voter registrar from mailing new voter registration certificates. It wo~_it~l be cay recommendation that you discuss the above with your Attorney to determine your course c,f action relative to an April 3, 1982, election. :CE we can help in any way we will be happy to assist. Yours very truly, (I1s s .) Anita Rode he aver, County Clerk, Harris County t AR/fb 1001 PRESTON. 4TH FLOOR P. O. BOX 1525 HOUSTON. TEXAS 77001 713/221-6411 • Dece^~ber 21, 1981 Dear Friends: d'~~~~ cau~TV ~u~e By order of commissioners Court on December 1.0, .1.9R1; Harris County will corwert to the new Vote Recorder (Punch card) voting system on March 1, 1982, and the use of Schoup voting machines will be permanently discontinued. In order to continue Harris County's policy of providing voting equiptilent '- for elections not sponsored by the County, the following fee schedule was also adopted on that date: Vote Recorder (Punch card device) Rental Fee ...............Each $ 25.00 Transfer Case & Ballot Box Rental Fee (Election Returns) .........................................Per Precinct $ 19.30 ~~ Ballot Tabulation Equipment Rental Fee...Per Counter $ 190.00 ~..,_ Absentee Voting will be billed at the daily rate prescribed by Article 7.15, Subdivision 8, Paragraph C of the Texas Election Code. ,: The cost of transporting voting equipment will be passed along to you, but you will have the option of picking up and returning the voting equipment. You will also retain the responsibility for the printing of ballots. Should you choose to use the new voting equipment for your '82 election(s), the Voti.^g Machine Department wi1.1 work with you to determine your needs for a smooth transition. We want to make this information available to you before January so you can take it into consideration in your budget planning. Please let the Voting Mac'r:ine Department know your decision on the use of the new equipment as soon as possible. Thar.: you very much. • Sincerely, C.d LI:JDSAY County JudJe JL/bk HARRIS COUNTY ADMINISTRATION BUILDING / 1001 PRESTON,.SUITE 911 /HOUSTON, TEXAS 77002 / 1713) 221-6666 '~ _ .. - ~- _ -~~ ~ _ - . f..,.y. f ~ ' .~ ~^ ' ^~F i - 1 ~ .t . 1 ~ - . ~ c ! Ss-:,, 1 t~ ^~y , -.r f r. .4 -t ./i-~ - - .. ~y 1. ~~ ' ~i ~ Y ~ [ ` X ~ ~ `~ ~ 4. Lry_;~ t. '} I ~.x h aA" 3 .rs~ ?. +, L 4`~~y~..~_rtws,~}r~aclyTWtS`~.S`.ta~ S b m , i.4fi: }~ ~~tCo' ~~ ry ~'. ~~~ { te ~~" . ij y~E3 yf~}~ P ~.;~rw F-IiYY f. ~ `~ 1~ y ? . is ~ 1.'3'~'' `YL ." .r ~ r r ~ f L~ bfi + F ~• ~ ~ .~~,l:r' - "Y r R 'e,~ ( , ~ 1h~ ,` _ r ' ~ . ~ Art. 7.15 use at any election in designated precincts or for absentee voting within the period specified by the commissioners court for experi- mental use of such electronic voting system shall be as valid for all purposes as if it has been formally adopted; provided, however, that the period for experimental use shall not exceed two years from the date of the order authorizing its use. Subdivision 7. Providing voting equipment. The Commis- sioners Court of a county which has adopted an electronic voting system for that county or any portion thereof, shall as soon as prac- ticable and in no case later than six months after adoption thereof, provide for each election precinct designated the voting equipment which the court deems necessary for accommodation of voters in the general election for state and county officers, and shall thereafter preserve and keep such equipment in repair. The Com- missioners Court may also, if it deems such action in the best interests of the county, provide for the county a suitable number of pieces of automatic tabulating equipment for use in the central counting stations in the county. Subdivision 8. Payment for voting equipment and auto- matic tabulating equipment. (a) The commissioners court shall provide for the payment for voting equipment and automatic tabulating equipment to be used in such county in such manner as the court may deem for the best interests of the county, and for the purpose of paying for such voting equipment or automatic tabulat- ing equipment, or both, the commissioners court is hereby authorized to issue bonds, certificates of indebtedness, warrants, or other obligations to be used for this purpose and no other, which shall be a charge against the general revenue fund of the county. Such bonds, certificates of indebtedness, warrants, or other obliga- tions may be issued with or without interest payable at such time or times as the commissioners court may determine, but shall never be issued or sold for less than par. The commissioners court shall issue such bonds, certificates of indebtedness, warrants, or other obligations in the same manner and with the same authority as provided for the issuance of bonds, certificates of indebtedness, warrants, or other obligations by the general laws of this State. The necessary tax shall be set aside at the time of creating such obliga- tion so as to meet the debt provisions of the Constitution. (b) If the commissioners court of any county deems it for the best interest of such count}, the court is hereby authorized to contract for the renting of an electronic voting system or any portion thereof by such county for use in elections for a term of not more than five years in any one contract of rental. Upon expiration of such terms of contract of rental, the commissioners court may renew or extend the contract from time to time. The commissioners 164 ~h ~ ~.:.- - _ t. ~ _, t t F x ~ a ,. ~. ~ - • 3 4 ti y C ,~ ~ ti ~ ~~. ~4'~r t~ _~ a,,_~ a '~,~~' ~.1 x. T 4 etc,. r``Z_tx.{~.v-+.,,a''- ~,E*-., sE _~-•~ _ .. ~, ~ a.n Yx. c-; of Y N-;}~ ..'w^~ .p~ -fit .:~'-""Y ~. ;r .. _. .y;_ ~` ~" ":~.~~~ Art. 7.15 court of any county is also authorized to accept proposals of rental and/or sale of electronic voting systems or any part thereof wherein _ the rentals paid by such county for the use of such a 11 deon othe voting system or a part of the rentals may be app purchase price of such system if the commissioners court deter- mines that it is to the best interest of the county to do so. - (c) The voting equipment and automatic tabulating equipment shall be the property of the county paying for or renting it, subject ~ to the terms of the rental contract. When used in any election not held at the expense of the county, the voting equipment and county-owned tabulating equipment so used shall be leased to the authority holding the election, and payment shall be received by the county at such lease price as the commissioners court shall fix for each piece of voting equipment or tabulating equipment used, but not to exceed ten per cent of the original cost of the unit for each election day such equipment is used; and the authority charged with the expense of holding the election shall pay the lease - price, whether it be a municipality or other political subdivision, a political party, or any other organization or authority. (d) Notwithstanding any other provisions of this subdivision, the commissioners court may enter into agreements with the owners or lessees of automatic tabulating equipment located at central counting stations designated by the court pursuant to this section, under which the authority holding the election will pay to _ such owner or lessee a stipulated charge for use of the equipment under such terms as may be agreed upon. Any such agreement shall be for a term of not more than two years, but it may be renewed or extended from time to time. - Subdivision 9. Absentee voting. (a) When an electronic voting system has been adopted by the commissioners court, th rsonal ~ ' ' system may be used in any election for absentee voting by p appearance or by mail, or both. The authority charged with holding the election may within its discretion determine by proper resolu- tion or order whether or not an electronic voting system will be used for absentee voting by personal appearance or by mail, or both, at such election. If an electronic voting system is to be used for such absentee voting and more than one kind of system has been adopted by the commissioners court, the authority shall specify what kind is to be used. - (b) If the authority holding the election determines that an I electronic voting system shall be used for absentee voting, the necessary ballots and voting equipment shall be provided in the clerk's office. The procedure for absentee voting where ordinary paper ballots are used shall be followed insofar as it can be made _ applicable. If an electronic voting system is used for voting by per- 165 ~~ s -.