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Home My WebLink AboutMIN SEPT 02 1997 M I N U T E S p 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 SEPTEMBER 2,1997 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 September 2, 1997, 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 *Presentations and Recognition *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Glen Gabbard, Parkdale Assembly of God, gave the invocation. Community Services Director Maurine Gray 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. *Presentations and Recognition - None Public Comment: Citizens were invited to comment on the Consent Agenda and Main Agenda Items 1-5. No one wished to comment on these items. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the special meeting held August 25, 1997, and the regular meeting held August 26, 1997; * Confirmation of committee appointments - No appointments A) Approve the granting of a Drainage Easement to Jefferson County Drainage District No. 6 - (40 foot easement in Blocks 12, 18, and 24 of the M. C. Cartwright Addition) - Resolution No. 97-196 B) Authorize the final payment ($14,285) to Wallace Enterprises for the extension of the concrete parking lot at 770 South Fourth Street - Resolution No. 97-197 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Patterson 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 the adoption of the FY 1998 Annual Operating Budget; Councilmember Goodson moved to adopt Ordinance No. 97-42 ENTITLED AN ORDINANCE REFERRED TO AS THE"ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT;APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 2. Consider approving the property tax assessment roll ($3,499,102,595) for the 1997 tax year and adopting a tax rate of$0.615 per $100 assessed valuation; Councilmember Smith moved to adopt Ordinance No. 97-43 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1997; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 3. Consider the adoption of the FY 1998 Capital Program; Minutes;9/2/97;Page 2 Councilmember Smith moved to approve Resolution No. 97-198 adopting a five-year Capital Program for Fiscal Year 1998 through Fiscal Year 2002 with total General Improvements in the amount of $9,740,000 and total Public Works Improvements in the amount of $52,720,000. 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 an annual contract for asphaltic concrete for use in the Public Works Department; Mayor Pro Tem Ames moved to approve Resolution No. 97-199 authorizing a contract with APAC-TEXAS to provide asphaltic concrete for an approximate annual expenditure of $86,170.00. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 5. Consider the appointment of an auditor to audit the City's financial statements for the year ending September 30, 1997; Council conducted an in-depth discussion regarding legal interpretation of the city charter's direction in not using the same auditor for more than four (4) successive years, hesitancy of auditors to bid because of the time constraint set by the charter, possible need to suggest charter change to the charter committee, qualifications of bidders, buying or using servings of local companies, and the responsibility to conduct as pure an independent audit as possible. Councilmember Davis moved to adopt Resolution No. 97-200 appointing Botley & Harrington to conduct an audit of the year ending September 30, 1997. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Ames, Councilmembers Cokinos, Davis, and Patterson Noes: Councilmember Smith and Mayor Moore Abstained: Councilmember Goodson COMMENTS ` Councilmembers comment on various matters: Minutes;9/2/97;Page 3 Councilmember Goodson congratulated Jeff Dyson, owner of M & D Supply Co., for a wonderful flag raising ceremony as a memorial to William Vernon "Jack" Dyson, founder of the company and a USMC decorated veteran of the World War II battle of Iwo Jima. Councilmember Davis said he regularly gets calls about drug dealings and the old Edwards School building, said neighbors would appreciate the problem being eradicated, and that we need to secure the building or do something permanent about the situation. He asked Kyle Hayes to respond to Mrs. Jerri Mae Whittington at 892-3569 about a list of her concerns, asked that City staff investigate a house off Jackson Street regarding cleanliness and possible rat infestation in the back yard. He said the house is located near the recently built homes in the Charlton Pollard area. Mayor Moore clarified that his vote in choosing an auditor was not against the individuals, but his attempt to adhere to his interpretation of the charter, said he did not abstain from the vote because he did not want it to appear he was ducking an issue, said he has no legal conflict of interest, but can't philosophically vote against what he thinks the charter states and verified with legal counsel that the City cannot dictate with whom a successful bidder chooses to partner. Mr. Nichols confirmed that unless that provision was stated within the request for proposals, the successful bidder has choice of partnerships, and Mayor Moore pointed out their choice might be a recent former auditor, and that was the part he could not support. Mayor Pro Tem Ames expressed her desire to vote with charter direction. City Attorney Nichols explained that technically the award of the bid to the firm of Botley and Harrington is in keeping with the Charter. He said there is no charter violation, but Councilmembers may vote with their interpretation. * Public Comment (Persons are limited to 3 minutes) Mrs. Marie Broussard, 1185 Ivy Lane, extended an invitation to attend the dedication of the Warren Loose Conservatory at the Beaumont Botanical Gardens in Tyrrell Park at 2:00 p.m. Sunday, September 7. Mrs. Broussard said the Bishop from the Diocese will be present, along with entertainment by the Fire House Band and said refreshments will be served. Mrs. Get Williams, 4495 Fortune Lane, expressed appreciation to Councilmember Patterson for sending information to Ward IV constituents through water bill mailings, asked Council consideration of limited bus service on certain holidays when stores are open to aid those who use public transportation, thanked Councilmember Patterson for helping to get the grass cut on West Virginia and reported that a flat piece of steel with jagged edges is on the street at Highland Avenue because of a construction project and could contribute to an automobile tire puncture. Mr. Charles Johnson, 5080 Helbig, complained that he was not able to submit a complaint against a police officer at the Beaumont IAD. Mr. Johnson cited complaints against Officer Minutes;912197;Page 4 Morris about an attempt to burn his home, not responding to his calls, not working with him as president of the Plymouth Village Association and requested that she be removed from this duty. Mr. Collins Giron, 5780 Springdale Lane, addressed Council to complain that his son was arrested for obstructing the sidewalk while standing in front of his own home and questioned the ordinance establishing this law. Mr. Giron was instructed to visit with the City Attorney after the meeting to research the law regarding his son's arrest. EXECUTIVE SESSION * Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Juliet P. Simon et al v. City of Beaumont et al There being no further business, the meeting recessed at 2:55 p.m. to conclude in executive session. Mayor David W. Moore Patrice Fogarty ity C1 6K Minutes;9 097;Page 5