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HomeMy WebLinkAboutMIN FEB 6 1996 - 1 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD FEBRUARY 6, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 6th day of February, 1996, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At-Large Andrew P. Cokinos Councilman-At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Brother William Walker of the Westgate Church of Christ. The Pledge of Allegiance was led by Cub Scout Pack 291 members Alexander, Buob, Michael Fertitta, Charlie Klein, Joseph Howell, Benjamen Sampson, Austin Lewis, Craig Odle, and Andy Giblin from All Saint's Episcopal School. -000- An executive session was announced by Mayor Moore to be held in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Gary Wade and Donna Gilder v. City of Beaumont following the regular session of City Council. -000- Two Proclamations were issued: "National Sales Month," February, 1996; and "American History Month," February, 1996. 45 February 6, 1996 Saint Anthony Cathedral School Student Council members: Tim Heim, Jennifer Cummings, Peter Simon, Vanessa Guillory, Brandon Dumas, Amanda Gary, Jennifer Neeley, Tia Moore, Constant Buxie, Jared Wilson and Marquette Armond along with their principal, Sister Ann Middlebrooks, S.E.C., made a special presentation to Mayor Moore. President Tim Heim said, "Mayor Moore, on behalf of the Saint Anthony Cathedral School students, faculty and staff, we present to you this plaque of appreciation of your support and service to our school and the entire diocese of Beaumont. We are grateful for who you are as a person of integrity, perserverance and justice in all you do to better the City of Beamont. The plaque reads: Presented to Mayor David W. Moore by Saint Anthony Cathedral School during Catholic Schools Week, 1996 in appreciation of your support of Catholic education." Jennifer Cummings added "Congratulations, Mayor Moore, for a job well done." Mayor Moore accepted the plaque and asked each student to introduce himself and shake hands with each Councilmember. He again thanked them for the presentation, said it was "very warmly accepted." -000- Cub Scout Pack 291 from All Saint's Episcopal School, accompanied by mothers, Mrs. Norma Sampson and Mrs Sherry Buob, presented Mayor Moore with a Certificate of Appreciation. Mrs. Norma Sampson said, "We take pleasure in awarding the Certificate of Appreciation to Mayor David Moore in recognition of the All Saint's Cub Scout Pack 291, who has always been gracious to share his time, particularly on City Council meeting when everyone's down here waiting for him at 1:30 p.m. and he's stayed to answer a few more of our Cub Scout questions. And, we thank you for embracing the Cub Scouts and our policy, which is basically to know more about our community and to become active community leaders in the future. So, thank you, and the Cub Scouts, we offer our thanks..." Councilman Moore accepted their Certificate of Appreciation, said they ask tough questions and have made a commitment to know the names of all Councilmembers and the Police Chief by watching the City Scope Channel. He promised to quiz them on his school visits. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 2 through 6. Mr. Gene Landry, 8580 Braeburn, spoke in support of Agenda Item No. 3 increasing the membership on the Drug Free Beaumont Commission and said he looks forward to an active year by that committee. 46 February 6, 1996 The following Consent Agenda items were considered: Approval of the Minutes of the City Council meetings held January 23, 1996 and January 30, 1996; Resolution No. 96-30 appointing Rose Marie Ashebrammer, Kathy Cornehl, Vernon Dunn, Marie Easley, Sharon Englade, Clemente Garcia, Wanda Grimes, Kathy Hill, Eugene Landry and Joyce Lombard for two year terms expiring February 5, 1998, and James Martin, Carol Plugge, May Carol Russell, Keith Smith and Laura Vaughn for three year terms expiring February 5, 1999, to the Drug Free Beaumont Commission; Resolution No. 96-31 appointing Addie D. Allen to the Airport Advisory Committee and the Sister City Commission for terms expiring February 5, 1998 and Tony Jones to the Transit Advisory Committee for a term expiring February 5, 1998; and reappointing Dr. Robert Swerdlow to the Convention and Tourism Advisory Committee for a term expiring January 31, 1998; Resolution No. 96-32 authorizing a License to Encroach to Rebecca Toups for a swimming pool encroaching 1.00 foot for a distance of 23 feet onto a portion of a sixteen (16) foot utility easement located at 4790 Monticello Street, described as Lot 6, Block 3, Delaware Place Addition, for a one-time fee of$500.00; Resolution No. 96-33 authorizing a License to Encroach to Jack R. King for a wood frame building on a slab encroaching 7.13 feet for a distance of 23.33 feet onto a seven and one-half foot utility easement on his property at 80 Ruth Drive, Lot 7, Block 10, Russell Place Fourth Addition, for a one-time fee of$500.00; Resolution No. 96-34 authorizing subordination of the City of Beaumont's deferred rehabilitation loan lien on property located at 2207 Forrest occupied by Jerry and Jo Walker to a mortgage loan provided by Texas Commerce Mortgage Company, a Division of Texas Commerce Bank National Association, a National Banking Corporation, secured by a deed of trust; Resolution No. 96-35 rescinding Resolution No. 95-114 granting a ten (10) year lease to St. Anne Tri-Parish School for use of Gilbert Park during school months; Resolution No. 96-36 authorizing purchase of ammunition for the Police Department from Texas State Distributors for an approximate expenditure of$18,925.90; Resolution No. 96-37 approving the Beaumont Municipal Transit System Alcohol and Substance Abuse Policy; 47 February 6, 1996 Resolution No. 96-38 granting a five (5) foot utility easement on Lots 1 and 2, Block 5 of Calder Highlands Addition to Gulf States Utilities Company/Entergy Corporation for the West Lucas Drive Project; and Resolution No. 96-39 authorizing a three (3) year contract with the Beaumont Association for Senior Citizens for space allocation in the north wing of the Best Years Center located at 780 South Fourth Street for a $3.00 rental payment commencing March 1, 1996. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- EXCERPT MAYOR MOORE Mr. Manager, we will go to the regular scheduled agenda. I understand the first item is a public hearing. I will let you do the prelude to that. MR. RILEY Mayor and Council, we're continuing with the plan with regard to the public transit service. Specifically that of our STS program, which is the Special Transit Services. Council is aware of the information that has been put before you, but I think it is good to review the activities that have been conducted over the past few years with regard to Special Transit in order to bring it into perspective. First of all, we actually commenced operation in July of 1983, in which a Special Transportation Service commenced to where we provided transportation to disabled persons who could not have normal transportation on our regular fixed route service. And since then, we have been operating a program which has been in compliance with the UMTA regulations from which we receive, in other words, the federal funds come through UMTA which provide for a good deal of support of our regular fixed route system as well as our STS. However, in 1990 there was a modification as a result of ADA, which the American Disabilities Act also required additional requirements, and rather than having two different systems to where you could provide additional transportation from our STS and not on the fixed route system, the two now have become dependant and both must comply in order to be able to continue to receive federal funds. We would have to be in compliance by this year. We're happy to report that we are in compliance with all provisions of the original act of the Urban Mass Transit Authority and as impacted by the ADA. This last year we have added the number of vans to the fleet to where we will actually have operating on the street during the week days, an increase from three to five. We'll continue with the same numbers on Saturdays, but our operating costs, as you can see, have increased fiscal 48 February 6, 1996 year`95 from a total of$227,000 to where this year we anticipate that we'll be spending $322,000 on our STS system. The number of passengers that we will actually provide rides to this year will be about 17,800. It is absolutely a requirement that we provide the special STS system in order to comply with the rules, the regulations, and in addition to the fixed route system. In order to continue to be in compliance, it does require a public hearing. The public hearing, at this time, we have reported to you that we are in compliance in all aspects of the plan. We now have to hear public comments with regard to that in order to provide this information to UMTA. MAYOR MOORE For the benefit of those of you in the audience, as well as our students, this is a time where we allow the public to address our policy in regard to our transportation system, specifically, our paratransit plan. If there is some input they'd like to have, you'd like to share or questions you'd like to get answered, this is your opportunity to address this City Council in regards to the plans. The City Manager stated our present plan is in compliance, but citizen input is always welcome. So, if there's anyone that would like to make public comment on the public hearing which I will now officially open, you are welcome to do so at this particular point and time by coming to the microphone, giving us your name and address, please. Again, the public hearing on our paratransit assistance plan is now open. If there is no one that would like to make to make comment on our plan as far as our compliance goes, we will, I will now publicly close the public hearing. END OF EXCERPT The 1996 ADA Paratransit Plan Update Public Hearing was acknowledged and approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000 Ordinance No. 96-9 amending Section 21-75 of the Code of Ordinance concerning grades, positions and classifications in the Police Department to establish 175 position in Grade 1 (police officers), 69 position in Grade II (police sergeants), 12 positions in Grade III (police lieutenants), 5 positions in Grade IV (police captains) and 3 Deputy Chiefs was considered: ORDINANCE NO. 96-9 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 SECTION 21-75 TO AMEND THE GRADES AND POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 49 February 6, 1996 Ordinance No. 96-9 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 96-10 amending Ordinance No. 95-24 to increase the membership of the Drug Free Beaumont Commission from fifteen (15) to twenty-one (21) members was considered: ORDINANCE NO. 96-10 ENTITLED AN ORDINANCE AMENDING ORDINANCE 95-24 WHICH ESTABLISHED THE DRUG FREE BEAUMONT COMMISSION TO CHANGE THE SIZE OF THE COMMISSION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 96-10 was approved on a motion made by Councilman Smith and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 96-11 calling the General Municipal Election to be held May 4, 1996 to elect a Mayor and two Councilmembers-at-Large and a run-off election, if necessary, was considered: ORDINANCE NO. 96-11 ENTITLED AN ORDINANCE ORDERING A GENERAL ELECTION TO BE HELD IN THE CITY OF BEAUMONT ON THE 4TH DAY OF MAY, 1996, AS PROVIDED BY LAW, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS-AT-LARGE; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; APPOINTING AN EARLY VOTING BALLOT BOARD FOR EARLY VOTING; APPOINTING A MANAGER AND JUDGE OF THE CENTRAL COUNTING STATION; PROVIDING FOR NOTICE THEREOF; ORDERING A RUNOFF ELECTION IF NECESSARY TO BE HELD ON THE 18TH DAY OF MAY, 1996; PROVIDING FOR JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 50 February 6, 1996 Ordinance No. 96-11 was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-40 authorizing a Pipeline License Agreement with Air Products, Incorporated to install an eight (8) inch pipeline for the purpose of transporting hydrogen products within the city limits, contingent upon approval from other entities and/or property owners within the city limits and upon receiving required bonding and insurance for a one-time fee of $500.00 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-41 authorizing modification of the agreement with Norman Highway Constructors for the West Lucas Project to allow for payment of certain materials on hand in the estimated amount of$115,000 due to the initiation of a remediation program by the TNRCC for an area at West Lucas and Gladys where water and soil was contaminated with gasoline was introduced. Council discussion and questions included types of materials the contractor will need to have on hand, ordering process and any additional cost to City because of the remediation plan. Resolution No. 96-41 was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Councilman Smith said she attended the Beaumont Chamber of Commerce luncheon today with Dr. Carroll Thomas, the new superintendent for the Beaumont Independent School District, as guest speaker. She said he very succinctly laid out the problems of the district, explained the approach he would take to solve them and how the community can become involved, said his message was well received and she was very impressed. Also, Councilman Smith said she attended the non-partisan political forum Sunday afternoon, said there are a lot of new faces in the political field and urged everyone to attend these forums to get to know their candidates and their views. Councilman Goodson reported a very active ACORN meeting last night, thanked the Parks Division for presenting a very comprehensive report in trying to locate a park in the Amelia area, asked for City assistance or suggest with the continuing problem with the railroad company trains speeding 51 February 6, 1996 and whistles blowing for extended periods of times and possibly present a program explained the City's limits of authority, and asked if a Fire Department representative could attend a meeting to define any types of hazardous materials being transported by rail through their neighborhood and to discuss evacuation routes for emergencies that might be caused by hazardous materials or from hurricanes or storms. Also, he said constituents have requested replacement of park equipment at Rogers Park and the park maintenance program. Councilman Goodson said he also attended the Chamber of Commerce luncheon that Dr. Thomas addressed and said he was very impressed with the fact that he did not back off from any of the very difficult subjects. He announced that Miguel Rubiano Reyna, the Secretary of Economic Development, Transportation, Tourism and Agriculture for the state of Tamaulipas, Mexico, will be a special guest in the city Thursday and Friday for programs and meetings with the Port of Beaumont, SET, Inc., the Chamber of Commerce, and representatives of the City in an effort to create a program similar to our Sister City relationship to develop a better economic tie. Councilman Davis related that he and Councilman Smith were recently appointed to analyze the Minority Business Enterprise operation and they have met with the City Manager and Kyle Hayes and received information from them. He said that now he is putting together a conference for small and minority businesses to educate and discuss processes with City Staff and invited Council to attend and express their opinions. Also, Councilman Davis spoke about his opinions of a Citizen Review Board and said from this point on, he will be a citizen review board of one, requested that citizens of Ward III first express their concerns to Internal Affairs, then allow him an opportunity to become involved. He said that he will be completing Mr. Charles Johnson's case next week with he and Mayor Moore visiting Plymouth Village. He explained to Council that he will request his constituents to follow a specific process beginning with Internal Affairs at the Police Department, allowing a reasonable lapse of time for them to respond and then contact him concerning their complaints. Mayor Moore expressed his appreciation for all the hours Councilmembers have spent in the community. Councilman Patterson said she also attended the non-partisan forum on Sunday and had opportunity to meet many candidates and added her encouragement for citizens to meet the candidates, know which issues they support in order to informed and then vote on election day. Mayor Pro Tem Ames said she was unable to attend Council last week because she was out of town bidding for a major conference to be held in Beaumont. Councilman Cokinos expressed concern about speeding in the Amelia area on Landis and Greeves and the safety of children and requested that Staff review the situation. Also, Councilman Cokinos questioned the new speed limits on Interstate 10 within the city limits, was told those limits are set by the State of Texas and asked that the Public Works and Legal Departments verify that the speed limits are correct and bring back a report to him. 52 February 6, 1996 Mayor Moore agreed that the voter awareness presented Sunday was excellent, said it was good to see community involvement, thanked the Charlton Pollard Class of`71, remarked that Johnny Beatty served as Master of Ceremonies and he was invited to make closing remarks. In addition, Mayor Moore announced that today there were ribbon cuttings for three (3) teen centers throughout the city because of the generosity of Entergy Corporation and the YMCA, said he met with Dr. Thomas to discuss his plans for the School District and this is an exciting time and an opportunity to get support his endeavors to correct some errors. Mayor Moore thanked Saint Anthony's Episcopal School and the Cub Scout Pack 291 for being in Council today and for the recognition given him from future leaders in Beaumont and asked that they begin today to build the type of community they want to live in. -000- In opening the citizen comment portion of the City Council meeting, Mayor Moore invited students from Saint Anthony's to speak first. Marquette Armond, 6626 Marshall Place, (8th grade student at Saint Anthony's) told Council that she recently moved to Beaumont and inquired about the curfew law. Brandon Dumas, 1495 Fairway, (8th grade student at Saint Anthony's) addressed Council to give information about drainage problems in the north end of Beaumont, asked who was "in charge" of fixing street and drainage problems, and added comments about rough roads and layers of resurfacing, complimented the new Martin Luther King, Jr. Parkway, but said there are a lot of other streets that need improvement. Mayor Moore introduced Council representatives and the Public Works Director to Brandon Ms. Mary Odom, 1650 Ives Street, president of the Ives Street Association, told Council of recent accomplishments in her neighborhood and problems created by vacant houses where transients are sleeping and using candles for light and potentially causing a fire hazard and an unsafe environment for children. Ms. Odom specifically identified a house in the 1900 block of Quinn at the corner of Pauline. Mayor Moore said Staff would check dilapidated structure demolition lists and determine how to assist with the problem. Mr. Charles Johnson, 5080 Helbig, thanked Councilman Davis help on his behalf, told of a recent arrest for public intoxication and claimed he was sober, said he spoke with Internal Affairs and was not satisfied with their response and favors a Civilian Review Board. Mr. Johnson also spoke of problems in the Plymouth Village Housing Complex and asked that Council contact Mr. Henry Cisneros. Mayor Moore shared information of a local HUD office and offered to put Mr. Johnson in contact with them. Mr. Allen Lee, 5095 Maddox, again addressed Council about his petition for a Civilian Review Board and said this is not a new request. Mr. Lee spoke of recent media attention and said he will 53 February 6, 1996 promote attention nationally in the Washington Post, Atlanta Journal and in New York and Chicago. He also displayed an article by Tracy X. Nichols in another publication and vowed to contact that writer. Other comments by Mr. Lee included Councilmembers sitting on the fence, ducking the question and going whichever way the wind goes regarding a Civilian Review Board, told South Park Neighborhood Association members that he would be president in five to ten years, said he was speaking of an idle threat, but will contact CNN, Ted Koppel and Peter Jennings and spotlight Beaumont, Texas and referred to "Big Vidor." Councilman Davis asked to speak and said he understands the position of Council and thinks they all understand his, said he works hard, over 40 hours a week, for the City of Beaumont for yearly remuneration of about$4,800 and told Council that Mr. Lee would never address his name without receiving a response of truth from him. He said that too many lies have spewed out of Mr. Lee's mouth, "he is not credible, he doesn't have a standing here," reviewed the hours he has worked on Mr. Johnson's behalf trying to reconcile a situation and said rhetoric of evil and mean people should be separated from the concerns of people who have problems. Councilman Davis expressed a desire that Mr. Lee would be courageous and speak on a truthful level, not on a personal level, said that he speaks from his heart, is controlled by no one, believes his constituents do not have a problem with his representation and "said this City Council will continue to do what is right for all the citizens in Beaumont...and will not let Mr. Lee do anything to this Council to make a rash decision." (Councilman Davis received applause from the audience.) Councilman Goodson interjected a report for Mr. Tony Jones regarding bus routes have been prepared by Staff and is available and said all the facilities Mr. Jones mentioned at the Lucas Garden Apartments will be replaced by next week. Mr. Tony Sacker, 4635 Elmherst, told Council that the employment opportunities they have been responsible for in bringing to Beaumont should be made know publicly, spoke about TCI overcharges--a $15 cent overage above the allowable 5% increase each year--said he confronted TCI officials without receiving a satisfactory answer to his complaint and asked Council to review their franchise. Mayor Moore explained to the All Saint's Episcopal School students that the microphone is open to all citizens to express their views, explained the reasons for not responding and playing into the hands of those making idle comments, pointed out that the individual making those negative comments did not remain in the Council Chambers to hear any response and said he hopes this would not be the practice they would employ in addressing subjects about which they feel strongly. Mayor Moore said he is proud of Beaumont, loves Beaumont and tries to represent it well wherever he goes. Mayor Moore said he was not interviewed by the reporter that was referred to in earlier remarks. Mr. Eldon Stewart, 3255 Minglewood Drive, addressed Council regarding speeding in the Minglewood Subdivision and the potential danger to those walking and riding bicycles. 54 February 6, 1996 Mr. Johnny Ray Dent, 1461 Edmonds, addressed Council to speak of problems he claims to have with police officers, spoke of past incidents that include the SWAT team, alleged abuses*, charges he claimed to be unfounded, and said he is in favor of a Civilian Review Board. Mayor Moore confirmed with Mr. Dent that he has already filed charges and the suit is still in litigation. Councilman Patterson asked for an opportunity to speak with Mr. Dent. Mr. Preston Wagner, 2635 Hazel, addressed Council to complain about the service and advertisement of TCI Cablevision and billing problems. Mayor Moore encouraged Mr. Wagner to meet with a service representative with an itemized bill in an effort to resolve the conflict. Mr. Buddy Hebert, 295 North Parkway Drive, addressed Council to encourage neighborhood association participation and to enumerate the programs with which they can become involved to better the community. Mr. Hebert thanked Council for their stand and pledged his support. -000- There being no further business, the meeting was recessed to reconvene in executive session. -000- 1, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held February 6, 1996. Barbara Liming Deputy City Clerk 55 February 6, 1996