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MIN APR 02 1985 REGULAR SESSION CITY COUNCIL - CITY COUNCIL FIELD APRIL 2, 1985 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 2nd day of April, 1985, with the following present: aONORABLE: William E. Neild Mayor Joseph D. Deshotel Councilman At Large G. Wayne Turner Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Karl Nollenberger City Manager Hugh Earnest Asst. City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend James C. LeBlanc, Miracle Deliverance Tabernacle. The Pledge of Allegiance was led by Mayor Neild. -000- Two proclamations were issued: A proclamation pledging "the support of this Mayor and Council to continue your journey (Transcontinental Expedition on Horseback crossing the Country to rekindle our national conscience about military personnel missing in service) until all our POWs/MIAs are home"; "Barbershop Harmony Month" - April, 1985 and "pr. Charles Foutz Day" - April 2, .1935. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held March 26, 1985; Resolution 35-96 authorizing a Joint Safekeeping official signature card signed by Karl Nollenberger, Hugh Earnest and Myrtle Corgey with the Federal Reserve Bank of Dallas; Resolution 35-97 authorizing Change Order No. 2 with Lester Saucier and Sons Enterprise, Inc. for restoration of two (2) windows at Tyrrell Historical Library and installation of protective of glazing in a metal frame over the windows to extend the contract time from March 9, 1985 to April 26, 1985 due to inclement weather and delays in procuremei4t of replacement glass and adding .$535.00 to contract to brace the third large stained glass window which was damaged by a recent storm; and -67- April 2, 1985 tesolution 85-98 appointing Dorcy Watler and Ronnie Anderson to the Building Board of Adjustment Committee with terms expiring December 1, 1986. 'The Consent Agenda was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- A public hearing to consider amending the Revenue Sharing Budget of the City of Beaumont in the areas of General Improvements, Street Improvements and Sanitation and General Contributions was called. CITY MANAGER NOLLENBERGER: The first item today, Your Honor, is an ordinance that amends the budget for the expenditure of federal revenue sharing fupds and it is a public hearing and subsequent to the public hearing, the Council. will consider the ordinance. The financial plan that was adopted by the Council includes the transfer of $1,571,500 of Federal Revenue Sharing funds from other uses into the General Fund of the City. And, it will have the impact of deferring numerous general improvement types of projects that were detailed in the Financial Plan, the major ones being Street Overlay and Street Rehabilitation and also not liking not to transfer money into the Sanitation funds for the reduction of the deficit that occurred in that fund. After the public hearing, we recommend that the Council adopt the ordinance. MAYOR NEILD: At this time, I will call a public hearing amending the Revenue Sharing Budget for the City of Beaumont. Any of those that would like to address the Council in connection with this matter may do so by coming to the podium and giving us your name and address. There not being anyone to make a presentation to the public hearing, I'll declare the public hearing closed. ORDINANCE NO. 85-38 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF 'THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1984 BY TRANSFERRING REVENUE SHARING MONIES TO TUE GENERAL FUND. The ordinance was approved on a motion made by Councilman Turner and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- -68- April 2, 1985 The first reading of a franchise ordinance with Southwestern Bell Telephone Company was held: AN ORDINANCE AN ORDINANCE GRANTING TO SOUTHWESTERN BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE CI'TY'S PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, AND OTHER PUBLIC THOROUGHFARES WITHIN THE CITY OF BEAUMONT, AND THE RIGHT TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, REPAIR, REPLACE, REMOVE, IAN, UNDER, UPON, WITHIN, OVER, ABOVE, ACROSS, AND ALONG ANY AND ALL OF THE PRESENT AND FUTURE PUBLIC STREETS, ALLEYS, AND OTHER PUBLIC THOROUGHFARES OF THE CITY OF BEAUMONT A SYSTEM OF POLES, WIRES, ANCHORS, CABLES, MANHOLES, CONDUITS, AND OTHER APPURTENANCES NECESSARY TOITS COMMUNICATION SYSTEM; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF THE BUSINESS; RETAINING ALL RIGHTS OF CITY TO REGULATE 'THE LOCATION OF COMPANY'S FACILITIES IN, UPON, ALONG, UNDER AND OVER 'THE STREETS,ALLEYS AND OTHER PUBLIC THOROUGHFARES WITHIN THE CITY AS WELL AS TO REQUIRE 'THE RELOCATION OF SAME; RESERVING TO THE CITY THE RIGHT TOUSE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; PROVIDING FOR THE COMPENSATION FOR THE PRIVILEGES HEREIN GRANTED; PROVIDING THAT THIS FRANCHISE SHALL BE EFFECTIVE FOR A PERIOD OF TW4NTY (20) YEARS, COMMENCING UPON AND EXTENDING FROM THE SIXTY-FIRST (61ST) DAY AFTER FINAL PASSAGE HEREOF; PROVIDING THAT THIS FRANCHISE IS GRANTED SUBJECT TO ALL LAWFUL PROVISIONS OF THE CHARTER OF THE CITY OF BEAUMONT; MAKING MISCELLANEOUS PROVISIONS RELATIVE 'TO THIS GRANT OF FRANCHISE; PROVIDING RULES AND REGULATIONS GENERALLY FOR THE OPERATION OF SAID BUSINESS UNDER 'THIS GRANT; PROVIDING A SEERABILITY CLAUSE; PROVIDING FOR INDEMNITY BY THE COMPANY TO THE CITY; AND PROVIDING FOR ACCEPTANCE BY THE COMPANY. The ordinance was passed to its second reading on a motion made by Councilman Brumley and seconded by Deshotel. Question: Ayes: All Nayes: None -000- -69- April 2, 1935 Ordinance No. 85-39 authorizing publication of notice of intention to issue and sell Certificates of Obligation to be held at 1:00 p.m. , April 23, 1985 was considered: ORDINANCE NO. 85-39 ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE AND SELL CERTIFICATES OF OBLIGATION. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Turner. Question: Ayes: All Nayes: None -000- Resolution 85-99 authorizing the city Manager to execute a contract with Underwood Neuhaus as Financial Advisor for professional services necessary in the sale of $7.4 mlln in Certificates of Qbligation was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -000- A resolution accepting the School Sidewalk Program as complete and authorizing the final payment $6,725.85 to Petro-Tex Construction Company (revised total at$131,489.92) was again deferred one week for action. A resolution appointing an investigator w44 deferred until after an Executive Session to be held immediately following the regular session. -000- Resolution 85-100 on intent of Council to let ;4 tax levy not greater than $0.81 per $100.00 of assessed evaluation for 1986 and directing the City Manager and staff to prepare and present to City Council a proposed budget for fiscal year 1986 which can be supported by a tax rate of $0.81 per $100.00 assessed evaluation was approved on a motion made by Qpuncilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 35-101 awarding bids for annual usage for traffic marking materials to Allied Tube &. Conduit at$12,130.00; Vulcan, Signs at $4,762.60; U. S. Standard Sign Company at $11,186.25; Trantex at $14,222.00; Avery International at $15,401.10; Pinkley Sales Company at $6,195,00; 3M Company at $7,243.50 and R & I Pipe & Supply at $310.00 - total $71,950.45 - was approved on a motion made by Councilman Brumley and seconded by Councilman Deshotel. Question: Ayes: All Nayes: None -70- April 2, 1985 COUNCILMAN SAMUEL: I had a complaint from Mrs. Joyce Andrews, 2810 Tenaha and I would like the records to reflect it has been turned over to the appropriate department and is being investigated; and she will receive a reply upon the completion of the investigation. Also received a letter from Mrs. Jewel Hymel, 725 Randolph Circle, and she had a suggestion that I'd like for us to consider. In demolition of structures . . .dangerous structures, there's been no provision for infestations of rats or something of that sort and she felt it would be beneficial in before demolishing a building that we exterminate all rats or a4y other type of pests of that sort before tearing down the building which will pun them into other areas of the neighborhood. I would like to get a reply to her thanking her for her suggestion and also look into the possibility pf taking action along that line. And, also, Mr. Herb Oswald, 1234 Avenue B - T would like to clarify a statement that was made. There's been no pressure on my part toward anyone on the City to bring anyone in compliance with the law, i, just wanted to make that public statement. -000- Mrs. Delia Harrington, 815 Willow, addressed Council in opposition to the hiring of an investigator saying it was just more money being paid out. Mr. Glen Butler, 3522 Washington, addressed Council to express his concern for assessed property values and the proposed $0.81 per $100 assessed property evaluation tax rate. Mrs. Martha Royall, 945 Central, addressed Council to express her concerns for Senate Bill 1232, sponsored by Senator Caxi Parker and passed this morning (April 2, 1985), specifically in that part of the bill that states what Council can do on issuing Certificates of Obligation without voter approval. Mr. Robert Blackwell, owner and president of Petro-Tex Construction Company, addressed Council to question deferral of the item approving acceptance and final payment for the School Sidewalk Program, MAUiICE MEYERS: Mr. Mayor, Council, Manager: My name is Maury Meyers. I reside at 1260 4ottingham. I had a few comments to share with you today and some thoughts that I think would be appropriate. It goes without saying that the loss of, or the potential loss of, $20.0 million has gained headlines all over the Country. Within our State and our region, Beaumont has borne the brunt of some conversation and jokes, far too many, I think undeserved. The Wa1I Street Journal, the Washington Post and the New York Times have reported the story about Beaumont , this poor little town - and how we goofed. These influential newspapers and network news departments are usually the sources communities strive to have something good said about themselves. Unfortunately, we reached them with some bad news. -71- April 2, 1985 MR. MEYERS continued: We are here today, however, to send a signal back to them with a message of great importance. We want them to know how the people of Beaumont feel about their City and how the citizens of our City react to this kind of negative bombardment. I think first I'd like to make one point very clear, however. In making reference to the people of Beaumont today, I am speaking of all the people of Beaumont - all of our citizens. There are some citizens here with me today, who like many in our City, feel that this incident represents gross negligence. They are disappointed that your actions have been defensive and perhaps lack credibility. Likewise, I would quickly add that there are citizens here with me today, and also in our City, who are concerned and disappointed but are very supportive and in your corner; and still I believe there are others in our City who just really don't know what to think but they darn sure know that they don't like what they hear and read about our City. So, while the issue of accountability and responsibility will continue to be discussed, I think there are some facts that are very clear. And, recognizing these facts, I think is particularly important to why we are here today. And, please understand what I am about to say is not in any way to arouse anybody, but to put things in a clear perspective that I think is essential before we move on. First, this incident has happened and it is a reality. Second, you are the elected body. As such, you are responsible and I think you all recognize that. Third, Mr. Manager, as the paid administrator, you also are responsible and you have acknowledged that; so, there can be no other acceptable reference to the issue that's going to change that. That responsibility, as you know, goes with the territory. The impact of . this incident, while felt by you as elected officials and as administrator of the City, let me assure you, lies far heavier on our citizens. Their actions in these past few weeks have strongly reconfirmed my belief that our greatest asset in Beaumont is our people. And, that while you might feel that criticism of some has been harsh, recognize, and I mean this, that only in 3eaumont could you find a citizenry that would be as patient and restrained as that which has been exhibited by the citizens of Beaumont. This behavior, I believe, stuns from a far deeper concern. It is rooted deep in a genuine pride and caring for the big picture and that's this City - a genuine hurt that reflects the feeling of helplessness to deal With something that touches all of us, and I mean all of us. The people of Beaumont don't like what's being said about their City and they want to do something about it. I believe that every citizen of Beaumont is ready to respond. They want to do something positive but have felt somewhat helpless to deal with the problem. People are what make a city and I believe that Beaumonters have the character to show how they respond in a crisis. And, we all understand that you don't develop character in a crisis. You exhibit it. -72- April 2, 1985 MR. MEYERS continued: The small group that are here with me today represent the result of just a few phone calls. Each call asked for some money for our City. Every call made produced a yes answer. It is our belief that while we can't raise enough to cover the total, we can as citizens help ourselves by helping our City, and why not. We have an opportunity to show the critics what we are really made of. Some articles have made Beaumont sound like it is some little hick town stuck off in the corner of God knows where. Well, I don't accept that. I know that you don't and I know for sure the citizens of peaumont don't. It is our desire in the next sixty days to accumulate enough in contributions from our citizens to either eliminate the need to borrow against next year's budget or come so damn close that the impact of borrowing will be minimal. We encourage all Beaumonters to join in this effort. It will take the cooperation and imagination of all our business community, schools, churches, labor, civic clubs and organizations to do the job. I knew that we can count on the support of our, media - radio, tv and newspapers - to get the word out. We have set the date of Tuesday, June 4th, to present the funds to the City. To permit acceptance of funds immediately, a U. S. Post Office Box has been secured. The number of that Post Office Box is number 3328. The appropriate zip code is 77704. A Certified Public Accountant will provide the record keeping for allmonies received. All funds received will immediately be placed in an interest-bearing account in a local bank and remain there until presented to the City on June 4th. A scroll with the names of all citizens contributing will be presented to appropriately recognize all who have contributed. I have no exaggeration when I tell you that the checks that I have in this envelope represent just a few phone calls and nobody to date has said no. It represents what I believe to be the true spirit of Beaumont and, while I stated earlier that there are mixed feeling about how we got where we are, I am confident that there is a uniform feeling that is right in our community for all of us to do something about it. We as a community have a unique opportunity and I have every confidence that we will succeed. Now, I am sure there will be some others who might want to make spontaneous comments but I think to add a measure of impetus and strong support to this effort today, I'd like to introduce Mr. Bruce Thompson, Chairman of the Board of the Market Basket Food Stores of Beaumont. Brace . . . MR. BRUCE THOMPSON: Mr. Mayor, Council. I will not attempt to add anything to what Mr. Meyers just said except that Market Basket stores during the month of May will donate from sales in our ten Beaumont stores $0.05 for each of the following items: a loaf of Market Basket bread, a gallon of Market Basket milk or a dozen Market Basket eggs. Thank you very much. -73- April 2, 1985 MR. PATRICK PHELAN: I am Pat Phelan. I reside at 2460 Long and I really am glad to be here today. I am real proud to be part of what has been said. The comments that the people have made a tape start playing in my ear. A tape that kind of played a while back when I walked in and saw something on the news media about the drainage district here - a man named Watler. I didn`t know who he was. I had to phone around and find out who he was but apparently the man's name was Reggie Watler. He was head of the Drainage Department and he was making his contribution to this effort by offering to reduce wages and all in that department. When I saw that, the tape started playing of "Those dear hearts and gentle people in my home town" - maybe ya'11 remember that. Most of you probably don't - Bill Phillips probably does; but most of you probably don't remember that one but it started playing real loud when I heard Maury talking. Then, I saw Bruce and .heck, Mr. Butler, Mrs. Harrington, and I'm just real proud to have been here today to see this and to follow up a little bit with my brief comments; because the facts are when I saw Mr. Watler's effort4 and I've seen some of the efforts of the other City employees, I realize, yo4 know, here I am sitting out there thinking "do something, do something" and I'm not doing anything, saying "do something" and maybe there's something I can do. And, I'd like to urge the City to try and find a way to allow property owners to pay their property taxes earlier and I don't know how that process works, but in an effort to try and encourage that thing, I'd like to give ya'11 a check that's a portion of our taxes and hope you won't cash it until next year but anyway . . . it's a check that you could start with and as we get maybe a process set up - I kept thinking how in the world will they do this, taking taxes early, but that'll be something you guys can figure out and I do want to echo all the nice and fine things people have said. I'm really proud of the . people here in Beaumont and I am really glad to be a citizen here. Thank you. MR. BILL DeMORE: Mr. Mayor, members of Council. My name is Bill DeMore. I reside at 7702 A Gladys here in Beaumont and there's not a lot, to be added to what Maury said earlier except to say that there were probably two or three groups of people who were all working unbeknownst to the other oq a project of this magnitude and I contacted Mr. Bruce Thompson who is one of my clients. I own an advertising agency here and he offered to make that step f gxward. We are also very happy that tommorow our company is going to have an actual opening of an office which we are contributing to this fund raising effort with telephone, copy machine and that sort of thing. And, we would invite the media to come and be present at a 10:00 o'clock press conference in which we will announce other plans which we are very excited about to help restore some of these funds and that will be at 85 I-10 N, in Suite 119. You know, our purpose is to primarily get some good publicity and some good press for Beaumont as our former Mayor said. 74- April 2, 1985 MR. DeMORE continued: Another objective which is of key importance to all of us I believe is that this is our community and it is a community we are all very proud to be living in. We've had as much bad press in the past couple of weeks probably as any community in the country has had in recent years and I feel that an effort like this can pull this entire community back together. You know, back years and years ago, when someone's barn would burn down, all the neighbors would rally around him and come help him put the thing back together. And that's what we envision. I also have a group of names which I would lake to read to you at this time who are people who have already come forward anq offered their assistance and help in addition to the people who have already spgkon: Mr. Mike Sculley of Sprint's Business Forms; Doug Barby of Market Basket Stores, Reverend Ben Shawhan, president of the Beaumont Ministerial Alliance; Joe LeBlanc of Lamar University at a student representative there; George Irish, the publisher of the Beaumont Enterprise; Paula Bothe, owner of Four Alarm Productions; Larry Beaulieu of KFDM television; andBishop BernardGanter of the Diocese of Beaumont. This is a. program that we are all very excited about and just urge everyone to spontaneously join in and give us a hand. Thank you very much. MR. BILL DELANEY: Mayor Neild and other members of the Beaumont City Council. My name is Bill Delaney. I am plant engineer of American Valve and Hydrant. I have with me Mr. Donald Bill who is an OCAW union committeeman in our plant and a machine operator. We are co-chairmen of a special involvement program in our company. Mr. remarks are as follows, and I have extra copies for the press. Several weeks ago, our company received a request from the Parks and Recreation Department for the City of Beaumont to consider making cash a donation for the purpose of buying playground equipment. The NMA Chapter appointed a committee of three bargaining union employees and three management employees as a task force to evaluate the matter. The committee recommended to Management, and it was approved, to allow the employees of American Valve to raise $2,500 by August 1st to contribute to the Parks and Recreation Department. Projects approved by Management included ice cream sales in the plant and a company-wide barbecue. We will have no problem in meeting our quota or our goal of $2,500. In view of the current financial problems of City Hall, the committee decided not to wait until August lst to present the $2,500. Today, we wish to present $700 for the City of Beaumont. Hopefully, it will help to protect the jobs of our City employees and insure continued service to citizens of Beaulmont. Employees at American Valve have for a long time worked together in harmony to protect jobs and the company future and by this action today, we encourage other manufacturers and plants to rally behind our City in this time of need. We thank you. Mr. Roberto Flores, 2425 Buchanan, addressed Qouncil to question their change of position in the hiring of an investigator through Orgain, Bell and Tucker and to express his concerns for the City. -75- April 2, 1985 MAYOR NEILD: I am trying to figure out a way to sum up today. I suppose the three years that I've had the opportunity to sit in this chair have been consumed with a lot of great experiences, none of which have been greater than today. To look out in this audience and see what has transpired from citizens of Beaumont is another one of those mountain experiences. The genuine feeling that each of you have for a community - not necessarily us as individuals here who happen to be sitting in these chairs at this time, but the bricks and the mortar and the trees and the streams and the river and the parks and the things that make a heart of a city and that's the people. I am deeply moved today. Thank you. COUNCILMAN BRUMLEY: I think no one would ever want to address anything and try to expound on anything that . Maury has said, what he has done in the past leadership that he had, but not him individually, but every individual that's here in this room. I . think that it's a representation of, you know, what you see outside this window here and it's . . . it shows Beaumonters are just as beautiful as the days are, but most of all that they have a heart and they are committed to the lives they live, but most of all they are committed to their City. And, one of the things don't always believe what people want you to believe. And, I think this is a true representation of Beaumont and everyone here is a true representation of Beaumont. And, it's a feeling that you can only want to do one thing and that . . . you want to be in there sharing it with everyone together. I think that we are all one family and I think that what's been done exemplifies this very thing. COUNCILMAN SAMUEL: Since . I've been on Council - I'm one of the newest members - and I've always tried to look at each situation, whether it be good or bad, and draw forth the good from it. After our financial difficulties, I tried to find the good coming from it and I can honestly say today, I see all of the citizens of Beaumont coming together working for a common cause and words cannot express the feeling that that gives me and the confidence it gives me to go. I thank each and every one of you. COUNCILMAN WEISBACH: Well, it's a pleasure to me to see the fist stop shaking and start holding hands. -000- Mayor Neild called an Executive Session, pursuant to Section II of the Texas Open Meetings Act, to be held immediately following the City Council Workshop Session. -76- April 2, 1985 The session was reconvened with the following present: HONORABLE: William E. Neild Mayor G. Wayne Turner Councilman At Large Nall Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Karl Nollenberger City Manager Lane Nichols City Attorney -000- Resolution 35-102 appointing an independent investigator to work for Orgain, Bell and Tucker under charge of the City Council on the question of how the potential loss occurred based on an investigation of internal policies, procedures and activities of the City and its employees was approved on a motion made by Councilman Brumley and seconded by CouUctlman Turner. Question: Ayes: All Nayes: None -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Myrtle Corgey, 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 April 2, 1935. Myrtle Corgey City Clerk -77- April 2, 1985