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HomeMy WebLinkAboutMIN MARCH 19 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD MARCH 19, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of March, 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 Pastor Willie Henry, III of Tabernacle of Praise Gospel Full Gospel Baptist Church. The Pledge of Allegiance was led by Mr. Roberto Flores. -000- Three Proclamations were issued: "Defeat Diabetes in Jefferson County Day," March 26, 1996; "Red Cross Month," March 1996; and "Texas Public Schools Week," March 18-22, 1996. Dr. Jerry Mallett, accompanied by Mr. Terry Williams and BISD Superintendent-elect Dr. Carroll Thomas, accepted the Texas Public Schools Week proclamation. Before Dr. Mallett was seated, Mayor Moore thanked him for the outstanding efforts he has made in the transition with Dr. Thomas as the new superintendent and said people of the community have seen him as the giant he truly is and publicly thanked him for his graciousness and friendship. 89 March 19, 1996 Citizen comment was invited on the Consent and Main Agendas. No one wished to addressed these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the City Council meeting held March 5, 1996; Resolution No. 96-63 appointing Dr. George S. Hoffman to the Airport Advisory Committee for a term expiring March 18, 1998; Resolution No. 96-64 authorizing an account with Chase Securities Incorporated for investment purposes because of the recent merger with Chase Manhattan Corporation and Chemical Bank, the parent company of Texas Commerce Bank; Resolution No. 96-65 accepting the $14,280.00 bid of Nehemiah Construction, Inc. to furnish all labor, materials and equipment required for clearing of sixteen (16) adjacent parcels of property located in the 400 blocks of Mary and Neicy for construction of homes in the Charlton Pollard neighborhood and an additional price of$2,875.00 per lot for soil stabilization, if required; Resolution No. 96-66 authorizing acquisition of Parcel 1: a fifty-foot (50') wide Drainage Easement out of Lot 21 of the Annie T. Warren Subdivision in the J. W. Bullock Survey (1280 Saxe Street) from Cardinal Square Apartments, Ltd, subject to approval of the lien holder, for the appraised value of$2,700.00 for the South Park Drainage Project; and Resolution No. 96-67 authorizing eminent domain proceedings to acquire Parcel 2: a fifty-foot (50')wide Drainage Easement out of Lot 21 of the Annit T. Warren Subdivision in the J. W. Bullock Survey(1325 West Virginia Street) from Epsilon Alumni Endowment Fund, Inc. for the appraised value of$5,715.00 for the South Park Drainage Project. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 96-18 amending Section 21-74 of the Code of Ordinances to establish 102 Grade positions (Firefighters), 73 Grade II positions (Fire Driver/Operators), increasing Grade III positions (Fire Captains) from 42 to 43 with the new Captain position to serve as a Public Information Officer responsible for Fire Prevention Programs and replacing the civilian Materials 90 March 19, 1996 Manager position approved in the FY96 budget, 12 Grade IV positions (District Fire Chiefs), 3 Grade V positions (Deputy Fire Chiefs) and 1 Grade VI position (Assistant Fire Chief) for the Fire Department was considered: ORDINANCE NO. 96-18 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 SECTION 21-74 (c) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD ONE (1) POSITION IN GRADE III (FIRE CAPTAINS) WITHIN THE FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 96-18 was approved on a motion made by Councilman Smith and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-68 authorizing an annual contract with Servall Services, Inc., with an option to renew for a second year, in the amount of$104,340.00 to provide janitorial services for City Hall, the Police/Municipal Court building, the Beaumont Public Library and the Tyrrell Historical Historical Library that include labor, supervision, cleaning supplies, paper goods, equipment and transportation was approved on a motion made by Councilman Davis and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-69 authorizing an annual contract with The Lube Shop for an estimated cost of $45,343.00 for preventive automotive maintenance for over 400 City-owned vehicles that includes changing the oil and filter, greasing and lubricating all hinges and joints and checking and filling all fluid levels was considered. Councilman Cokinos questioned and asked for a report of the number of City vehicles taken home by employees and those outside the city limits. Mayor Moore referred to conversation and citizen input last year regarding the performance level of the contractor, and the City Manager said the contract was terminated with the contractor receiving the award after approximately six (6) months because of additional maintenance problems. Resolution No. 96-69 was approved on a motion made by Councilman Goodson and seconded 91 March 19, 1996 by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-70 endorsing the City of Beaumont's Texas Department of Transportation - Intermodal Surface Transportation Efficient Act (ISTEA) grant application for construction of a statue of Dr. Martin Luther King, Jr. on Martin Luther King Parkway at a location just north of College Street and guaranteeing the required 20% match of the $224,800 estimated cost, if sufficient donations from individuals and foundations are not received by the Martin Luther King Parkway Commission was approved on a motion made by Councilman Davis and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Mayor Moore invited comments from members of the Martin Luther King Parkway Commission and expressed appreciation for their "untiring energy in staying the course with this project." Mrs. Marie Easley, Chairman of the Monument Project, and fellow Martin Luther King Parkway Commission members Mrs. Beverly Hatcher, Mr. Franklin Young and Mr. Terry Williams thanked Council for endorsement of the resolution and their financial committment of 20% of the project, pledged to work diligentlly to raise that amount from individuals and foundation and Mr. Young reviewed the origin of the project and the harmonious relationship between Council and the Commission in bringing the project to this point. -000- Mayor Moore announced that an executive session will be held in accordance with Section 555.071 of the Government Code to discuss contemplated or pending litigation: 1) Police K-9 unit overtime claim; 2) Gwen Lew Gallien v. City of Beaumont et al; and 3) Allen Lee et al v. Rosemarie Smith and the City of Beaumont; following the regular session of City Council. -000- Ms. Patricia Pugh, 1317 Maple, addressed Council to express concern with the amount of violence in certain areas, said building prisons won't solve the problem, said we need to talk about the root cause and try to find solutions, said she recently saw two young men with guns on Magnolia Street and talked about supporting Council with prayer and being a blessing to them. Ms. Addie Allen, 9695 Gross, addressed Council about windows of her automobile being blown out on April 15, 1995 while driving on Walden Road, said she has received communication from the attorney for the children that were responsible for damaging her automobile, but has not received any information from the Police Department and asked for direction regarding City liability. 92 March 19, 1996 Mr. Tony Jones, 3715 East Lucas, addressed Council to disagree with correspondence received from the Public Works Department regarding a traffic signal at the intersection of Pineburr and East Lucas, a crosswalk at Pineburr, van shuttle service and on-site deliveries by the HEB Pantry Store and to state his views to solve the problems. Mr. Roberto Flores, Sr., 2425 Buchanan, addressed Council regarding the Community Development Block Grant process, a park adjacent to Fletcher Elementary School, diversity of the area, asked for consideration of development of a Fiesta of the Avenues, such as the Market Place in San Antonio, said it would attract tourism and give opportunity for the Hispanic community to contribute to the city and celebrate Beaumont's diversity. Councilman Davis asked that Parks and Recreation Department investigate that area for a park and make a recommendation, and Councilman Smith added that she continues to feel the need for a work session regarding parks. Mr. Charles Johnson, 5080 Helbig--Apartment 40, thanked Mayor Moore and Mr. Riley for the police officer sent out this morning, spoke of Officer Keyes, Mr. Volrie, Ms. Jackson and Ms. Doniece Calvin and referred to them as devils, said an attempt was made to remove him as Association President last night and accused officers and residents of abusing he and his wife and evicting him from the meeting, spoke of conditions of the apartment complex, money going to organizations and offered to make available the telephone number of Monica H. Hoffmeyer, a HUD special investigator. Mrs. Beverly Ballou, 2W Highway 365, Port Arthur, Texas, addressed Council as the manager of Plymouth Village since December 15, 1995. Mrs. Ballou spoke of the improvements she has been able to make at Plymouth Village to improve the quality of life for the residents and said she is trying to bring the apartments up to standard and invited Council to visit Plymouth Village and spoke of a major HQS inspection on March 26th. (During Mrs. Ballou's comments, Mr. Allen Lee was speaking aloud from the audience and was asked by Mayor Moore to make his comments at the appropriate time.) Councilman Davis asked Mrs. Ballou to grant his earlier request to put him on a mailing list that will inform him prior to resident meetings when they will be held so they can work together toward the same goal. Mrs. Martha Clark, 1365 Brockman, addressed Council regarding past problems with her sons, her desire that her eight grandsons not follow in that path and said she feels strongly that a Civilian Review Board will help young Black men. Mr. Allen Lee, 5095 Maddox, told Council this was a day they didn't think they would see—""Allen Lee versus the City of Beaumont in Federal Court," and said they brought it upon themselves by 93 March 19, 1996 not placing it (the Civilian Review Board issue) on the agenda (ballot). Disparaging comments were made of Mayor Moore and Councilman Davis, reference was made to Minister Robert Mohammad of the Nations of Islam whom Mr. Lee said assured him of backing as long as he has the spirit of the million man march, spoke of possible slander lawsuits, spoke of an illegal meeting held August 9, said he was going to contact the FBI and the Justice Department, commended efforts in bringing Tyrus Germaine Williams to the Sheriff's Department and situations with his problem, spoke of his respect for Charles Johnson, spoke of preparing a packet to inform news organizations about review board efforts in Beaumont, a new newspaper, and said this has been a long fight. Mrs. Selena Valdez, 2225 South Street, expressed empathy for those having problems in Plymouth Village, spoke of violence and said it is getting worse, said we're speaking of parks and other subjects, but the real issue is crime. She said people of every level are needed to form a task force, said every ethnic group and every area of the city needs to be represented to encourage confidence in the task force. Mayor Moore told Mrs. Valdez that task forces are in place through the neighborhood associations throughout the city and they do come together to discuss their problems and encouraged her and others to take advantage of this opportunity. He noted that two areas of town have turned around because of the neighborhood associations and said that citizen input and tips have solved crimes that would not not have been resolved. (In response to loud comments from the audience, Mayor Moore asked Mr. Lee to hold his remarks to his time at the microphone or he would be asked to leave the room.) Mayor Moore asked Mrs. Valdez to work with Council and within her community to make a difference, such as has been made in the Charlton Pollard, South Park, and Old Town areas. He said he looks forward to working with the Hispanic community. Mr. Lynn DeMary, 430 East Elgine, invited Council to the Heart of the City Neighborhood Association meeting tonight at 6:30 p.m. at the Roberts Avenue Methodist Church, commended progress in the Charlton Pollard Revitalization, the South Park Drainage Project and the MLK Parkway. He commented about MLK being opened all the way to Interstate 10, said he has listened for months about a Civilian Review Board and what accomplishments proponants think can be made, said he knows Council has been considering this idea and others and encouraged Council to proceed, said he thinks Mr. Lee's mannerism has been detrimental in promoting a Civilian Review Board, thinks some of his ideas are illegal, spoke in support of the City with the petition. Ms. Doniece Calvin, 5080 Helbig Road, told Council she is the president of the Plymouth Village Resident Association and spoke of the positive activities they are endeavoring to accomplish through various educational programs. Ms. Calvin thanked Council for their support and spoke in favor of management of Plymouth Village. Councilman Davis said he understands genuine concerns about crime, safety, and living conditions 94 March 19, 1996 and said positions will be based on facts and what is best for the city. He said accusations will not affect him and that Council meetings have been different since being filmed. He challenged people to work to make their city better, commented about the 45-50 hours per week he works as a Councilman for an annual compensation of$4,800 and the unprecidented progress that has been made, said he is not completely happy with all the happenings in his Ward, said he agonizes daily with problems such as crime and shootings, however, crime is being reduced in Ward III. He said the Civilian Review Board issue changes each time Mr. Lee speaks and learned through the newspaper that Mr. Lee would be willing to change because he know the ordinance he proposed is not legally possible, but has never mentioned that to Council. Councilman Davis said that according to the Charter, perhaps all Councilmembers spend more time than they should serving in their positions, spoke of improvements in the Police Department, reiterated that crime is down, said Council is working hard and does not want the general public to believe they do not care about issues, said he is working the best way he can to change thinkgs he does not like and told everyone to "get involved, get involved, get involved; stop talking about folk, stop lying to folk and get involved." The Reverend Willie Henry, III, 1740 Corley, said he signed the petition for the Civilian Review Board because he believes it is needed, but believes for progress to be made, citizens must work toward forgiveness of one another to move forward. The Reverend Henry commended Councilman Patterson for her participation in programs designed for children in low-income areas, urged Council to listen to Mr. Lee, but come together and decide what is best for the community and residents by using wisdom and understanding. He urged Council to put together a day of reconciliation where the problems of the community can be discussed. Also, the Reverend Henry asked that Highland Avenue at Pietsch Elementary School be patrolled because of speeding vehicles that are creating a safety hazard, even for the crossing guard. He said Highland Avenue is patrolled near Washington Boulevard, but not near the school. Mrs. Glenda Dent, 2070 Harriott, spoke in support of the Civilian Review Board, but said she doesn't want to cause confusion in the city, said she wants to work together toward a solution, which she feels is a Civilian Review Board and said she believes everyone has a right to justice. Mr. Lester Volrie, 2240 Euclid, told Council he is a program developer that works with five (5) neighborhood associations: Plymouth Village Association, Washington Apartment Homes, Sunlight Manor, Virginia Estates and Pear Orchard Plaza. He said Carver Institute is not receiving funding as previously stated, said the meeting held last night at Plymouth Village was to encourage resident participation to help themselves become self-sufficient, spoke against name calling, advocated coming together to solve concerns, spoke of his association with Councilmembers who have assisted with concerns (Mr. Volrie was again told to continue to speak, in spite of comments in the background). He explained the methods used in his program, but said there is a problem at Plymouth Village with members working successfully with their problems. He said that Officers Keyes, Lowe and Breaux have always assisted him when asked and cited specific activities in which they have been involved and commended Council for their support. 95 March 19, 1996 Mr. Erik Tolpo, 2690 West Lucas, addressed Coucil regarding City vehicles. He proposed that semi-annual audits be taken of personal vehicle use to determine if their use is necessary, recommended that a mileage log, if not presently used, be used to track where vehicles are going and for what purpose. Mr. Tolpo said to answer questions of the Civilian Review Board petition, put the item on the ballot and let voters decide the issue. Mr. Tony Sacker, 4635 Elmherst, offered to be a member of a Charter committee, if it is going to be rewritten, said a gag order should be initiated to allow all citizens attending Council to be able to hear, complained about an individual in the auditorium speaking aloud while others are speaking at the microphone and making it difficult to hear their comments and spoke in support of accountability of City vehicle use. Mayor Moore said there are laws that control decorum in Council meetings and Council is able to enforce them, said Council tries very hard to let the meeting be an open process, but said not much more will be tolerated with people making comments after they have had opportunity to speak. He said they will be asked to leave or will be escorted out of the Chambers in the near future, but said he had hoped that maturity would take care of the problem. He said "More people have had opportunity to see how things actually play out down at City Hall now, and more people are now more in line in what we really go through, I'll be very, very honest with you, more people say they wouldn't put up with it, we shouldn't put up with it, and they have had their fill of people not acting in a manner that they would be proud to see their children conduct themselves in. So, I'll say this today, so that everyone can hear it and as this meeting is being broadcast. We will be adhering to to more severe laws in terms of proper conduct in our public meetings. We will appeal to the people's intellect and intelligence in terms of how we conduct our business. Everyone will get the chance to be heard when we open that microphone, but once you've completed it, we're going to ask that you either conduct yourself in a manner fitting of an adult, or you will be removed from these Council Chambers." -000- Councilman Davis said this week has been very interesting after returning from the National League of Cities Conference that was very positive and upbeat. He said a lot of changes will take place at the federal level pertaining to state and city funding. He said he attended an interesting meeting on ethics, entitled "Keeping Your Hands Out of the Cookie Jar," that referred to city responsibility since more money will probably be sent to states and cities for dispersement. Councilman Davis asked that Staff assist Mr. and Mrs. Briggs, Mr. Allen and Mrs. Williams with their concern regarding lighting. Also, he said he had lunch with Mr. Lloyd Hebert with Texas A & M who has a concern with the vehicle bid process and asked that it be reviewed, in particular A & E Spring and the company that expressed concerns previously. Councilman Davis said the street light issue is not only a concern of Mr. Jones, said it should be looked at as a safety issue, said HEB has volunteered to deliver food to residents at Plymouth Village and reminded Councilmembers that the first concern he made about the video camera in Council encouraging 96 March 19, 1996 folk to talk about issues that are not fair, that cannot be addressed in a fair manner, but said he has had his fill of these kinds of statements and said he doesn't necessarily mind what anyone says in his time frame, but disallowing others to speak because they disagree with a view point, that is not right or fair. He said decisive action should be made to end it, that citizens are disgusted, not with issues, but with rhetoric. (Mayor Moore asked Mr. Lee to stop speaking and allow Councilman Patterson to speak.) Councilman Patterson said she was enlightened by what she learned at the National League of Cities Conference and attended the same session as Councilman Davis. She said that Mrs. Dent inquired about ditching and rehab on Harriot Street and asked about the projected date of ditching on Harriot from South Park Street to Waco Street and when will street rehab begin, asked that a report be given her and Mrs. Dent. Also, she spoke of a need for additional lights in Tyrrell Park, commended Staff for work on the South Park Drainage Project, asked if the light at Washington and 8th Street could be replaced with one with an arrow due to complaints of accidents at that corner, said there is speeding and citizens failing to stop at a stop sign at Booker and South Fifth and said perhaps patrol cars could monitor that area, asked that a covered bus bench be placed at Brockman and Avenue A and asked that Staff meet with the Clean Community Division regarding Mr. Walters, Sr. regarding a citation he has received. Mayor Pro Tem Ames congratulated Mr. Roberto Flores for the awareness day at Christo Rey Church, said there was wonderful participation and she was impressed with all the services offered, thanked Mrs. Valdez for the opportunity to attend and reiterated comments made by Councilman Davis that when citizens want to speak, that when Mr. Lee does not agree with their comments, Mr. Lee speaks out. She said this is a public meeting, everyone has a right to speak and totally does not want to tolerate anymore interruptions. Councilman Cokinos said he appreciated Mr. Tom Warner's memo of February 7 regarding speeding on Interstate 10, said citizens are becoming more conscious of speeding on IH-10, as well as in neighborhoods, congratulated the Department of Public Safety for targeting speeding 18- wheelers on IH-10 and encouraged slowing down traffic to save lives. Councilman Smith thanked Mr. Warner for the list of street lights throughout the city, said it should have a tremendous impact on all neighborhoods, said she echoes Councilmembers Davis and Ames comments and that we need to get back to a more civilized manner of expressing ourselves and doesn't thing anyone should be interrupted by rude people. Also, she said she attended the National League of Cities Conference in Washington, D. C., and concerns are the same: crime, mandates and federal deficits. She said the proposed budgets by both parties and the President does not address entitlements, which is really the area that is driving the deficit. She said deficit reduction is spoken about, but have not touched entitlements and probably will not do so in an election year. She said there will probably be less funds coming to cities, and we must work 97 March 19, 1996 together collaboratively in the community to deliver services, develop the programs we need and reach citizens that are most needy in a spirit of cooperation. She said the City cannot do it alone, the private sector cannot do it, so we must learn to collaberate and use funds more wisely. She spoke of city protection of rights-of-way and charge franchise fees as a concern, concerns about storm water, the Clean Water Act, the Clean Air Act and their impact and not addressing regional differences. She said crime, youth and the mandates are the real big issues that will drive policies for the National League of Cities for the next year. Mayor Moore said some issues discussed at the National League of Cities are most pressing and challenged the audience to consider how they could assist in providing summer employment for the youth since federal funding probably will not be in place. He said nothing is more important than our young people and we should become a "commitee of one" to help employ them this summer, help teach them responsibility, give them an opportunity and explain accountability and maturity to them. He said he has had discussion with other mayors concerning how services, police activities, response calls will be impacted. Mayor Moore said he is a firm believer in conflict resolution through non-violent means, if at all possible, and that is part of the reason he is so tolerant and why he deals with some issues in the manner he does. He said that at some point, tolerance is not as great an issue as others. He spoke of the traffic in Tyrrell Park, shooting of guns being very serious and a need to focus upon, said parents need to be aware of their children's whereabouts and the time frame in which they will be gone. He said that when young people leave the park they should bring their cars home or go somewhere else. They are beginning to block business establishments again and said "let's get ahead of the problem before it becomes an issue." He asked that young people leave guns at home, said the park should remain a family environment and asked for all citizens to help. Lastly, Mayor Moore spoke of the March Madness basketball. He said that this past weekend about 100 Beaumonters traveled to Austin with about five teams that did extremely well at the All Star Tournament. He said the Activities Center had two teams that participated and Ken Pickens and Norman Bellard had three teams there and that the 9th grade team was undefeated and won the overall championship and the younger team, ages 12 to 14, won second place in a tournament of over 30 teams. He said it was most interesting and he watched 15 games and said he hopes to have the young people attend the night Council meeting to acknowledge them for a great job accomplished. Again, Mayor Moore admonished everyone to keep youth in mind for the summer, visit with churches and civic and fraternal organizations to develop a way to become involved in their employment. -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 98 March 19, 1996 copy of the Minutes of the regular City Council session held March 19, 1996. Barbara Liming Deputy City Clerk 99 March 19, 1996