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HomeMy WebLinkAboutMIN MAY 05 1998 M I N U T E Sp CITY OF BEAUMONT Lulu L.smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis MAY 5,1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on May 5, 1998, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call Mayor Moore called the meeting to order at 1:32 p.m. The Reverend Fred Chambers, Parkdale Assembly of God, gave the invocation. Mr. George Hudspeth led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. ELECTION OF MAYOR AND COUNCILMEMBERS AT LARGE *An ordinance canvassing the results of the May 2, 1998, City General Election City Clerk Patrice Fogarty read Ordinance No. 98-32 entitled AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 2ND DAY OF MAY, 1998, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO COUNCILMEMBERS AT LARGE, AND CANVASSING THE RETURNS OF THE SPECIAL ELECTION ON THE SAME DATE FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY AND AUTHORIZING THE SALE OF CERTAIN PARK PROPERTIES; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general and special city election to be held on the 2nd of May, 1998, and the election returns of the 4,175 ballots cast in said election were canvassed for the following officials and measures: Officials for the office of Mayor; Officials for the offices of Councilmembers At Large; Charter Proposition Nos. 1, 2, 3, 4, 5, and 6; and Park Proposition Nos. 1 and 2. Whereas, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentaae Garfield Landry 329 8.10% David W. Moore 3,731 91.90% Office of Councilmember at Larae Becky Ames ^^2,658 44.91% Andrew P. Cokinos 2,933 49.56% Allen Lee 327 5.53% WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the Charter propositions and Park propositions are as follows: Charter Proposition No. 1 For: 1,567 Against: 1,648 Charter Proposition No. 2 For: 1,927 Against: 1,207 Charter Proposition No. 3 For: 2,882 Against: 354 Charter Proposition No. 4 For: 2,801 Against: 431 Charter Proposition No. 5 For: 2,853 Against: 313 Charter Proposition No. 6 For: 2,598 Against: 524 Park Proposition No. 1 For: 2,471 Against: 631 Park Proposition No. 2 For: 2,298 Against: 849 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: That the results of said regular City election be and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Mayor: David W. Moore For Councilmember At Large: Becky Ames For Councilmember At Large: Andrew P. Cokinos That the results of said special City election be and the same are hereby declared to have been as herein set out, and Charter Proposition No. 1 failed; and Charter Proposition Nos. 2 through 6 passes; and Park Proposition Nos. 1 and 2 passed. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law... PASSED, APPROVED, AND ADOPTED by the City Council of the City of Beaumont, this the 5th day of May, 1998." /s/ -Mayor- Councilmember Smith moved to adopt Ordinance No. 98-32. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None *Administration of the oath of office Minutes;SF-496;Page 2 Judge Wendell C. Radford, U. S. Magistrate for the Eastern District of Texas, expressed his pleasure in administering the oath of office to Council after service to the City of Beaumont for twenty-two years as judge for the night court. Judge Radford recited a quote, "a good citizen knows its community, but that a great citizen knows its leaders," and addressed each Councilmember with his personal knowledge of their lives, educational background, and service to the community, and said the total Council represents almost 60 years of public service, and the three elected Saturday represent 30 years of public service on City Council. Judge Radford administered the oath of office first to Mayor David W. Moore, and then to Councilmember At Large Becky Ames and Councilmember At Large Andrew P. Cokinos. Mayor Moore thanked Judge Radford for his historical perspective of Council, and said it added a special touch to the ceremony. Mayor Pro Tem Ames thanked all those who voted for her, and said she looks forward to the next two years as a time to finish projects that have been started in the last four years. For the future, Mayor Pro Tem Ames said she sees an infrastructure that encourages more jobs and economic development. Her goals include further promotion of tourism, keeping neighborhoods safe by working with the neighborhood associations, working with Citizens on Patrol and continuing the revitalization program and building more homes for low to moderate income families. Councilmember Cokinos thanked the citizens who voted for him and participated in the democratic process. Councilmember Cokinos said he is both proud and humbled to be given the opportunity to serve the community as a member of City Council. He assured voters that he will do his best to represent the residents of Beaumont fairly and predicted great things in the city's future. He spoke of construction projects totaling $2 billion in this region, and said Beaumont is on the move, and that he is proud to be part of that movement and the City Council team. Mayor Moore thanked citizens for the overwhelming support of his candidacy throughout the entire city. He addressed the monumental strides made this past four years by the city, said we are blessed by a great national economy, and that we are now harvesting the labors of those who have served before this Council. Mayor Moore expressed his excitement about the opportunity to improve during the next two years on that which has already been started. He commented about the focus, vision, and unity of this Council, and thanked Beaumonters for their attitude of being able to move forward together. Mayor Moore spoke about the youth of the community and his vision for including them, asked parents to join him in programs for the youth, and challenged the young people to present themselves for opportunity to have a voice and be part of this community. Mayor Moore thanked Mobil Oil for their generous sponsorship of a summer youth employment program and asserted that our youth is our best resource and greatest asset. Before recessing to attend a reception for the reelected Councilmembers, Mayor Moore asked Pastor Fred Chambers to offer special prayer for the families of the five Lumberton High School Minutes;55/96;Page 3 students who were killed in a tragic automobile accident Saturday night. One of the boys is the son of a City of Beaumont employee (Beverly Salim). *Recess The meeting recessed at 1:56 p.m. for a reception to greet the newly-elected Councilmembers. RECONVENE MEETING The meeting reconvened at 2:10 p.m. *Presentations and Recognitions *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda *Presentations and Recognition Mrs. Marilyn Dogan, Executive Director of the YMCA, introduced the "Smooth Talkers" Debate Team from Odom Academy. She said the team went to Texas Southern University the third weekend of April for the first time to ever participate in a parliamentary debate where they placed third in the competition. Mrs. Dogan asked Dr. Thomas Freeman to join her, and said the program is named after Dr. Freeman. Dr. Freeman is the debate coach at Texas Southern University, was Barbara Jordan's and Mickey Leland's debate coach, and taught Dr. Martin Luther King. Mrs. Dogan acknowledged Dr. Freeman's wealth of knowledge and his great contribution to oratory presentations, and said he was also her debate coach. Dr. Freeman referred to Sir Francis Bacon's statement that "knowledge is power," but said that knowledge is not the only power; there is the power of the spoken word. In a stirring presentation, Dr. Freeman spoke of the initiation of a program in the middle schools known as the "Smooth Talkers" to educate young people about the power of the spoken word. On behalf of the combined efforts of the South Central YMCA, the Houston Independent School District, and Texas Southern University, Dr. Freeman presented the third place trophy to the "Smooth Talkers" from Odom Middle School. Mrs. Dogan said these students were able to participate in about ten events at the competition that included persuasive oratory, parliamentary debate, and stand-up comedy. As a sample of the level of competition, Keisha Harley presented part of her recitation in persuasive oratory about removing cigarettes from the open market and cited their adverse effects. Three proclamations were issued: "MayMagic High Flying Fun Day," May 9, 1998; "Tourism Week," May 3-9, 1998; and "National Transportation Week," May 10-16, 1998. Minutes;55W;Page 4 *Public Comment: Citizens were invited to comment on the Consent and Main agendas. No one wished to address these subjects. The City Manager asked that Item C be deferred for consideration to correct the description. The following consent agenda items were considered: * Approval of the minutes of the regular meeting held April 28, 1998; * Confirmation of committee appointments - No committee appointments were made A) Approve a resolution promoting the construction of a Big Thicket National Preserve Visitor Center - Resolution No. 98-104 B) Approve the conveyance of nine drainage easements to Jefferson County Drainage District No. 6 (Parcels 1-9 out of the Meentzen Brothers Subdivision for the Meentzen Road Drainage Project) - Resolution No. 98-105 C) Accept improvements constructed on Champion Drive for City maintenance (street and storm sewer improvements from Walden Road approximately 1,551 feet and water and sanitary sewer improvements within Champion Drive and Walden Road) - Deferred Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS 1. Consider approving a contract for the construction of a pool facility at Alice Keith Park Councilmember Patterson moved to approve Resolution No. 98-106 authorizing a contract with SeTEX Corporation in the amount of $1,155,000. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None Minutes;566;Page 5 2. Consider approving an in lieu agreement with Slamback Partners Councilmember Cokinos moved to approve Resolution No. 98-107 authorizing a four-year in lieu agreement with Slamback Partners, 900 Pine Street, for payment of $1,250 per year with a proportionate increase if the tax rate increases. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider approving a change order and final payment related to the Royal Street Drainage Project Councilmember Smith moved to approve Resolution No. 98-108 authorizing Change Order No. 3 in the amount of$22,683.10 to the contract with W. B. Construction, Inc. and final payment in the amount of $84,316.70 for construction of the Royal Street Drainage Project- Phase I. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. Consider approving the purchase of protective clothing for use in the Fire Department Councilmember Patterson moved to approve Resolution No. 98-109 authorizing purchase of fire protective clothing from Wilson Fire/NAFECO in the amount of $866.70 per set for a total of$34,668. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None COMMENTS Councilmembers comment on various matters: Minutes;55198;Page 6 Councilmember Patterson thanked everyone for attending the Neighbors in the Park at Central Park last Sunday with almost 300 children present, said she was present at two Cinco de Mayo celebrations Sunday that were well attended, and congratulated the Mayor and two Councilmembers At Large upon their reelection. Councilmember Patterson announced National Day of Prayer services will be held Thursday and asked that everyone take time out to pray for the city and all of Council, as well as their families. She reminded everyone that the theme is, "America, Return to God," and said that people from all walks need God in their lives and need to put Him first. Councilmember Davis congratulated Mayor Moore and Councilmembers Ames and Cokinos for their reelection to Council, and said the city moves forward because of leadership such as these members display. He announced that a Ward III leadership meeting will be held at 5:30 p.m., Wednesday, at City Hall, and invited any community leader to attend. Councilmember Davis questioned the time frame for sale of the Carroll Street Park and was advised that it would be let out for competitive bidding in the near future. Councilmember Davis reported receiving calls about a problem--possibly drug activity--on Evalon and Forrest, off Magnolia Street, in the 1000 and 1100 blocks. He said that elderly citizens are afraid and asked that the complaint be investigated. Mayor Pro Tem Ames reported successful fundraiser events for Boy's Haven at their Crawfish Boil and the Garden Tour, and thanked citizens again for their vote. Councilmember Cokinos again expressed gratitude for reelection, and said he will try to do a good job. Councilmember Goodson joined everyone in recognition of a victory for Council and the leadership and progress shown. He announced the Beaumont Police Department through neighborhood associations is encouraging participation in registration of cars through the HEAT program. After registration, vehicles may be stopped by the Police Department between the hours of 1:00 a.m. to 5:00 a.m. to insure they are being operated by authorized drivers. Councilmember Smith added congratulations to Mayor Moore, Councilmembers Ames and Cokinos, said she looks forward to continued work with them. She said that it Is a great time to be on Council, but there is much more to do. She congratulated Beverly Hatcher on the opening of the new Minority Business Center, said it will serve small businesses well and congratulated City Attorney Lane Nichols and his team for participating and being winners at the golf tournament benefit for Family Services. Councilmember Smith encouraged everyone to say a prayer for the five families in Lumberton during their sorrow in the loss of their children and that they will be able to work their way through this difficult time. Minutes;56M;Page 7 Mayor Moore commented that the Minority Business Center is an excellent technological tool for our community, thanked the many sponsors for an excellent Neighbors in the Park celebration, reported an excellent Cinco de Mayo celebration at Fletcher Park that depicted the flavor of the people and congratulated Mr. Roberto Flores and his family for their leadership. Mayor Moore congratulated former Fire Chief Pete Shelton for chairing another successful crawfish boil for Boy's Haven, former Councilmember Audwin Samuel and staff at the Sterling Pruitt Recreational Center for sponsoring the North American Basketball Tournament in Beaumont. Mayor Moore thanked Mr. Samuel for attracting the boys and girl tournament to Beaumont, and thanked BISD for making gymnasiums available in addition to those at the Sterling Pruitt Center. He said two girl teams from Beaumont won first place, two teams from Beaumont won second places and another won a first place in this great display of athleticism. Lastly, Mayor Moore congratulated the City Manager on his reign as king for the Neches River Festival, said this weekend set a record for attendance and participation, and gave opportunity for Mr. Riley to comment. Mr. Riley explained that the Code of Ethics from the International City Management Association and the Texas City Management Association prevents city managers from participating in any election or reelection of candidates to City Council, but said that the Code of Ethics does not prohibit him from wishing hearty congratulations to Mayor Moore and Counciimembers Ames and Cokinos for their reelection. He said that on "behalf of the Executive Office, the Administration and the Staff, that it is, indeed, a pleasure and a privilege to serve under this City Council." He said that not only does Council "have the years of service, but it is also quality time." He said it is really a pleasure to be an employee of the City of Beaumont with the quality of leadership that is being exercised and he is pleased to see their reelection to office. Mayor Moore that often we hear that "to whom much is given, much is required," and that is how he views victory in this election. Mayor Moore extended an invitation to those not winning public seats on Council to join them in whatever pay possible in serving the city. *Public Comment (Persons are limited to 3 minutes) Mr. Pat Griffin, 1545 Avenue F, a member of New Beginnings, the Southeast Texas transplant support group started by Ruth Ann Gable, said that he was recipient of a liver transplant last December because of the donation of a twelve-year-old girl. Mr. Griffin expressed his appreciation for this gift of life and spoke in opposition to proposed organ donor legislation that will remove authority from states to determine recipients of organ donations. The legislation proposed by the Department of Health and Human Services wants to centralize transplant centers and distribute transplants to the "sickest of the sick." Now transplants are given out locally, regionally, and then nationally. He said the federal government wants to reverse the order of distribution, and that will take control out of the hands of doctors and organ transplant teams and put it in the hands of regulators. Donated Minutes;55W;Page 8 organs from Texas could end up in California or New York instead of remaining for local needs. Mr. Griffin said that a lot of the sickest suffer from other severe ailments such as aids or cancer, and those that could add many years to their lives will be denied a transplant using that method of distribution. Mr. Griffin asked for Council support and presented a petition of protest for Council to sign. Mrs. Ella Flores, 2425 Buchanan, thanked Mayor Moore, Councilmember Patterson and Councilmember Cokinos for attending the Cinco de Mayo celebration at the Fletcher Mini Park, sponsored by LULAC 4410 and the neighborhood association. She announced that another celebration is planned for June 19th to commemorate another culture. Mrs. Flores said she is speaking on behalf of her husband, Roberto C. Flores, the new president of the Avenues Neighborhood Association, and announced that on Saturday night at the Longshoreman's Hall on Pennsylvania, a dance will be held. Ladies will not be charged an entrance fee and their food will receive free food, but there will be a $7.00 fee for the men. Mrs. Susan Teal, a member of the New Beginning support group, addressed Council regarding her husband's illness and the possible delay he may face for an organ transplant if the proposed legislation goes into effect. Mrs. Teal solicited Council support for defeat of this legislation, asked for organ donation education support, said it does not hamper funeral preparations, and said that God is not after the heart or liver, but after the soul. Mr. Benny Mendoza congratulated the successful Council candidates and expressed appreciation to Councilmember Patterson for attending the Cinco de Mayo fiesta at the Christo Rey Catholic Church, Ms. Paubla Ydrogo, 1590 Gilbert, added congratulations to Mayor Moore, Mayor Pro Tem Ames, and Councilmember Cokinos, and announced that the next Avenues Neighborhood Association meeting will be on the third Monday of May at Fletcher Elementary School. Mrs. Sharon Braquet, 9293 College, addressed Council to encourage their support of the New Beginnings request to oppose the proposed legislation regard organ transplant designation and related her son's experience as recipient of an organ donation. Mr. Tony Kojak, 302019th Street, congratulated Council winners, make remarks about the five high school students killed in an automobile accident, and quoted several inspirational passages of Scripture from the Bible. Mrs. Mary Pressillo, 3980 Bayou, on behalf of LULAC 4410, thanked Mayor Moore and Councilmembers Patterson and Cokinos for attending the Cinco de Mayo celebration at Fletcher Mini Park and for supporting her father, Roberto C. Flores. Minutes;566;Page 9 Mrs. Cindy Loden, College Street, addressed Council regarding status of a new wrecker ordinance and was advised by the City Manager that staff is prepared to bring it forward to Council at the next meeting. Mr. Robert Preston, 1190 Iowa, congratulated Council winners and commented about Mayor Moore's remarks to disregard comments by made by previously at the end of last week's Council meeting and questioned which remarks and which speakers. Mayor Moore told Mr. Preston that he would address the subject after citizen comments. Mr. Preston then questioned who would enforce violations of the Texas Election Laws. Pastor Fred Chambers, 4775 Odom, addressed Council to express appreciation for today's City Council meeting, said there was a very good spirit present today, and that it is very refreshing to witness smiles and working together. Officer Martin, announced that applications are now being taken for students, 12-16 years of age, to be accepted into the Police Department's YALE Program. Applications may be obtained at the Police Department, and all parents have to do is provide transportation for their children to attend the program from 9:00 a.m. to 12:00 Noon. In response to Mr. Preston question, Mayor Moore said that political statements made about Council not being in touch is not true, and said that Council has been working very closely with the postal service for about a year regarding the new post office in the south part of Beaumont. EXECUTIVE SESSION *Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Claim of Janie M. Talmore There being no further business, the meeting recessed at 3:15 p.m. to reconvene in executive session. —Z�)A<nL-,S"k Mayor David W. Moore Patrice Fogarty, i Cle Minutes;55/96;Page 10