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HomeMy WebLinkAboutMIN MAY 12 1987 REGULAR SESSION _ . CITY COUNCIL - CITY OF BEAUMONT HELD MAY 12, 1987 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in rgular ,session this the 12th day of May, 1987, with the following present: _ HONORABLE: Maurice Meyers Mayon Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney -000- The Invocation was given by the Reverend Franklin Williams, Westminster Presbyterian Church. The Pledge of Allegiance was led by Councilman Smith. -000- Mayor Meyers called an Executive Session of the Beaumont City Council, pursuant to Section 2(g) of the Texas Open Meetings Act, to discuss appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee, to be held immediately following the City Council Workshop Session. -000- MAYOR MEYERS: The second, I would like to distribute and read briefly . . . ask each member of Council and Manager. I direct this to the Manager and basically the subject would be a "preparedness test," kind of a fire drill that we are calling today. If we were to suggest that we had just been advised of an emergency requiring accountability of all funds, we would like to know that the information is immediately available. And, for the sake of this test, we would assume that such has occurred and we'd ask that later today, prior to the close of our Workshop, that the information amounts currently available and if there's documentation required, that that might be provided as well. CITY MANAGER: Thank you for this wonderful surprise. (City Manager handed a copy of the letter to Mrs. Betty Dunkerley, Director of Finance, and asked that she get the information requested. ) -185- May 12, 1987 Several proclamations were issued: "David Walters-Day in Beaumont` - May 12, 1987 (recognizing Mr. Walters, Downtown YMCA Health Club Director, for SO years of service to the "Y"); "Hospital Week in Beaumont" - May 10-16, 1987; "John Mattingly Just Say No Day" - May 16, 1987 ".. . the late John Mattingly was founder and president of the SADD Club of Kelly High School, a representative of his school at the 1986 Texas Youth in Action Conference, a local leader in -efforts to Just Say _-No -to Drugs, and a -true friend-:and counselor to his peers -those -not on drugs and those involved with drugs and 1987 Just Say No Walk has been named the John Mattingly Just Say No Walk . . ."); "Small Business Week in Beaumont" - May 10-16,1987; "Adopt a Child Month in Beaumont" - May, 1987; "Just Say No Beaumont Week" - May 10-16, 1987; and "High Blood Pressure Month in Beaumont" - May, . -000- MAYOR MEYERS: . . .With that, I would ask Council, relative to our Consent Agenda, if there are items within that Agenda that they would like to speak to separately? COUNCILMAN MOORE: I only have one question about the Consent Agenda and possibly should have asked earlier. Al, will we continue to basically make awards on the Consent Agenda and, if so, does the public have the right to speak before we vote on this? MAYOR MEYERS: I think, like you are talking about item 3? Yes. I think that may be something finding its way in that you might want . . . His question is on an item like that not having opportunity to speak on Consent Agenda. CITY MANAGER: Non-routine procurement items we would not put on Consent but these are fairly routine, you know, sort of a matter of procedure. We thought for expediency's sake, it would be helpful to put on Consent but we would certainly have no objection if there were members of the public that wanted to speak to it . . to any item on the Consent or . . . COUNCILMAN MOORE: I think we need to open the Consent Agenda for comment or at least put this item on the regular Agenda so that it appears that we are still being open about everything and give a person the opportunity. I don't think staff is doing anything, you know, that is not reflecting professionalism. I just think that if we are going to give people an opportunity to speak on all items, we need to include or at least open up the Consent Agenda. CITY MANAGER.: That's fine. -186- May 12, 1987 COUNCILMAN SAMUEL: How about just moving the public comment above "A"? - MAYOR MEYERS: I don't think that's any problem. Does Council have any problem with that? Basically, for those in attendance, the Consent Agenda is usually . . . on our Agenda precedes that public comment as you see it on your Agenda. What we are going to say is you have copies of the Consent Agenda and if somebody within the public now would want to speak on items B, C or the Consent Agenda, feel free to do so. Fine. Being none, then, I would ask Council at this time if there were any items they would like to speak to separately on our Consent Agenda? The following Consent Agenda items were considered: Approval of the corrected Minutes of the regular City Council session held April 28, 1987 and the Minutes of the regular City Council session held May 5, 1987; Resolution 87-98 awarding a contract with Kemp Materials of Beaumont for furnishing a year's requirement of approximately 2,100 tons of 1-1/2 sack cement stabilized sand mixture at $7.90 per ton and approximately 2,300 tons of 2-sack mixture at $9.85 per ton for an estimated total of $39,245.00; and Resolution 87-99 authorizing the purchase of uniforms for the Fire Department from Factory Sales for furnishing 342 pairs of uniform work trousers at $20.85 each for a total of $7,130.70 and Night's for furnishing 248 blue shirts and 113 white shirts at $12.85 each for a total of $4,638.85 and 28 pairs of officer's trousers at $26.35 each for a total of $737.80 for a total expenditure of $12,507.35 for all items. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- An ordinance enacting a new ordinance regulating the operation of wreckers was considered: AN ORDINANCE ENTITLED AN ORDINANCE ENACTING A NEW ORDINANCE REGULATING THE OPERATION, PERMITTING, REVOCATION OF PERMITS, APPEALS AND FEES FOR WRECKERS; PROVID- ING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. and -187- May 12, 1987 An ordinance amending Chapter 26 of the Code:of==Ordinances concerning the towing and impounding of vehicles was considered: AN ORDINANCE - ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY-OF- _ - -- BEAUMONT CONCERNING THE TOWING AND IMPOUND= - ING OF VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Chief of Police George Schuldt explained that the primary changes in the ordinance regulating the operation of wreckers are in the manner in which the "no-preference" listing for wreckers to be called to the scene of an emergency and in the definitions are for "emergency wrecker" and "auto wrecker". Chief Schuldt said that wrecker companies would be licensed and receive a slot on the "no preference" listing rather than individual wreckers being permitted and allowed individual slots on the listing. It was said that additional changes were made in the areas of the penalty clause, manner in handling infractions when penalties occur and the right to appeal revocation of a permit or license. Councilman Moore questioned the number of permits issued and manner in which wreckers are placed on the no-preference listing. Mr. Chuck Guillory, Chuck's Wrecker Service, addressed Council to express concern that wrecker company operators may not have received a copy of the final draft being considered for action and also spoke of possible misunderstandings in what was discussed previously and what is being considered for adoption. After a lengthy discussion, Council agreed to delay action on the above-two ordinances to allow the wrecker company operators time to obtain copies of the ordinances being proposed and to have clarification of any areas of concern. -000- The first reading of an ordinance granting a franchise to Waste Master for operation of a commercial container garbage collection service was considered: AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MASTER TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. -188- May 12, 1987 The Waste Master franchise would be the fourth -"Closed----container-service franchise" to be granted and would be timed to expire in 1989, concurrently with the other three held by REM, BFI and Waste Express, and the franchise fee would be the same as for the others - five percent of gross receipts from the service. The new franchise would ._incorporate_ some-changes_-which_woul-d be _introduced -also -into - the existing franchises - -the - definition of "closed container service" would be expanded to include roll-on containers as well as other types of mechanically loaded closed containers; the liability insurance requirement would be reduced from $1.0 million to $500,000 per occurrence for bodily injury and the performance bond requirement would be lowered from $250,000 to $50,000. Councilman Lee questioned whether the Insurance Advisory Committee had had opportunity to discuss or be apprised of the reduction in the insurance requirements. The City Manager responded that this recommendation came from the Risk Manager reviewing the industry and franchises in other communities and that his investigation has shown this level of coverage to be adequate. Mayor Meyers questioned "procedurally . . . might we expect to see changes in insurance policy coming from the Risk Manager, not going through that Committee. The City Manager responded that "this is not an insurance matter between the City . . that relates to the City's liability. This is a franchise- related question that they have to acquire on their own. I would think that this sort of thing would not go to the Insurance Committee." In addition, Mayor Meyers questioned, "So, questions of bonding requirements, etc. , we don't involve them and get their experience?" The City Manager said that this was not typically done for performance bonds and those types of things. After additional discussion, the ordinance was passed to its second reading on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- CITY MANAGER: I know you asked for this at end of Workshop; but, if you don't mind, I would like to present this to Council here. MAYOR MEYERS: I would like that. I would like to make a comment, first, too, if I might. The, I think, greatest concern always of Council is that of the funds of the community as I believe it is yours. And, having had opportunity to see in the past period of perhaps three to four weeks to gather that information. I think it was an opportunity to measure where we are and I assume what we are getting is that information. I haven't looked at it yet. -189- May 12, 1987 CITY MANAGER: If you don't mind. Mayor, I will read into the record your memo. "If we were to suggest that we had just been advised of an emergency requiring accountability of all funds, we would like to know that the information is immediately available. For the sake of this test, let us assume such has occurred. Please provide us with the location and amounts currently available in all _ accounts. If documentation _is _required to support the accounts, this should also be provided. - We would like this information prior : to the completion of today's workshop." We would have had this to you fifteen minutes from the time you requested it except Kandy felt that one of the worksheets needed to be typed and so she took enough interest in quality to type up one of the documents that you have because we keep this information on a daily basis. You would have had this in fifteen minutes. MAYOR MEYERS: We are impressed with this . . . CITY MANAGER: So, if I could, walk you through the forms - the first page is entitled City of Beaumont investments as of May . .. ... I am going to take advantage of this, by the way. MAYOR MEYERS: I think it's important to understand that, as in most tests, they are intended and hoped to produce the very best of results and we, like you, would share an embarrassment if otherwise and so the risk was not one where we said, "here, you do something." Were this not forthcoming, we'd be sitting here having said we do not have the capability to do this. So, it is not a "you and a they, it's an us". CITY MANAGER: Right. I hope you feel as proud as I do, frankly. The first page, the first two pages are a review of investments by date, date of maturity, type of investment, number of days, the face value, cost and interest column; so, if you add your cost/basis plus interest that would give you more or less what the face value of each certificate is by location. The last part of the first page and the second page are all Treasury Bills. We have a total face value of $34.1 million. The third page and the fourth page are cash balances as of May 12, 1987, by account number and by bank; the General Ledger says we presently have a total of $6,893,000 ($6,893,035.62) and some miscellaneous Water Utility Accounts cash balance totals $155,500.62, for a total cash and investments on May 12th of $40,699,951.24. I think, Mayor and Council, we appreciate this opportunity frankly to essentially translate into action what we have been working on really ever since last May. As you recall, our first effort was to strengthen our financial system and one of the very first decisions we made early on was the appointment or the creation of a Cash Manager to manage our investments and to work directly with our investment portfolio and I want to personally extend a note of appreciation to Kandy Daniel who is doing an outstanding job. And, Kandy, I appreciate this very much. Thank you. -190- May 12, 1987 COUNCILMAN MOORE: .. . Mayor, now do you think he is ready for part two? CITY MANAGER: What's part two? MAYOR MEYERS: No .. . you're making it . . . . . . go ahead. COUNCILMAN MOORE: We just want you to double the bottom line for us . . . . . . MAYOR MEYERS: I, for the benefit of everyone present, we did this without the Manager's knowledge or anyone else's and it is an exercise that in my judgment was an exercise of confidence; but, I know from all of our standpoints, if we haven't had lessons learned, either as citizens or as participants, then we really have no business being here and I think what you have displayed to the citizens of the community is that if there's a question about being on top of our money . . their money, that that now can be put to rest and that what you've achieved is I think is what people would want to have in their own business or in their City government. And, we didn't know in what form this would come back but I felt confident that it would come back well. Are there any other signed papers that should be attached to this? MRS. BETTY DUNKERLEY: Kandy says the safe-keeping receipts are in the safe upstairs. We didn't bring them down but we can on a moment's notice. MAYOR MEYERS: Did you validate those? They are validated? Good. Thank you. Thank you very much. Thank you all very much. -000- Councilman Brumley said he "would like to pay a word of praise to my colleague on my right and I've seen it several times; but for those of you in the room that haven't had opportunity to see probably some of the best work you've ever seen, I would encourage you to go to the corner of Interstate 10 and Calder Road and see a sign by Holland Advertising . . . Councilman Lee said, "It's called an ad. " Councilman Brumley continued, ". . .an ad, excuse me, on Sunday in the Park and it's a beautiful piece of work. I mean it's not just a . . . it's nice. It's extremely impressive piece of work. I commend you. Good work, Bob." -191- May 12, 1987 Councilman Lee told those present that there -would. be =no`Sunday in the Park scheduled for May 17th because of the scheduled "raft races" but "before I say that, those of you who did not have an opportunity to come to Sunday in the Park last Sunday, where Fashion Showcase Productions -gave a special tribute to the mothers of our community, you missed . you--misse d a special treat. There was .. . I've shared this with others, a card that was prepared as a Mothers' Day Card. All of those -people who came to Sunday -in the Park had the - opportunity to sign the Mothers' Day Card and then once it was signed at the end of the program, they held the card up and it was probably about 7 feet tall and 20 feet long with all these kids signatures and I signed as a child . . . I do have a mother, of course. And, then there was a song that was sung by a young lady whose mother was there. When it was all over with, there was not a dry eye in the crowd. It was the most emotional thing I've ever seen at Sunday in the Park. We had a good time. . . " -000- Councilman Moore said that he would like to give a special thanks to Tom Warner (Director of Public Works) and his crew from the citizens that live around the Hebert Cemetery, that his group and many others worked on, saying that he had several calls and reports from some of the neighbors that live there who said that they've never, since they've lived there, have seen as many people going to visit the cemetery with flowers as they did on Mother's Day and they wanted to thank the Social and Civic Club and City staff and employees that made it possible. Mayor Meyers said that he would like to ask Mr. Flores if he had had opportunity to read that nice note that somebody wrote in today's paper and said, "That was, I think, an appropriate compliment to your efforts for Cinco de Mayo. It appears to be growing and I think the things you are wanting to achieve are clearly building and I know it took a lot of work to put those days together and we compliment you for that. Mayor Meyers to City Manager Haines, "And, I don't want to walk away again from a feeling that I get that if we had given you this note and you came back and couldn't pull it together, that would be priority news. I hope that the citizens understand and appreciate the results of the efforts that you all have provided in your interest. It's easy to report what's wrong but it's appropriate to report what's right and I know that you all have worked hard to have this ability. Thank you." -000- Mr. Anthony "Tony" Sacker, 4635 Elmherst, addressed Council to say, "In as much as it was a surprise to Mr. Haines, and you said it, the thing that I was going to say, Mr. Mayor. You know, gripes come very easy; accolades and applause, come extremely hard - support does, also; so I called an "executive emergency session this morning and we held it in a phone booth so with a unanimous decision made by one, yours truly, I fixed my name on a check and I thought we'd just present this to Al Haines as far as 'Hang in There, Al, Day' and presented the City Manager with a knit shirt with those words inscribed on its back. --192- May 12, 1987 Mr. Henry Dannenbaum, 1567 Wall, commended -Councilman Lee for his representation of Council at the dedication of a recent MH-MR program and to compliment the Small Business Trade Fair being held today in the Civic Center. Mr. Roberto Flores, 2425 Buchanan, addressed Council "to publicly thank some of the segments of the City government that _helped us in the Hispanic community put on -our -Cinco de Mayo. We would like to thank Mr. John Gorman and his staff for providing all of the help that he did in making this possible at Riverfront Park to put on our celebration for the second year; we would like to thank Jim Battin and BUILD for helping us get the permits for the parade; it was a rather small parade but we hope that each-year it will be growing more and more. We would like to thank Fire Chief -Pete Shelton who provided units for the parade. . .And, especially we would like to thank certain members of the City Council that came out and braved their health and stomach and participated in the tamale eating contest. We would like to thank Your Honor the Mayor, like to thank Councilman Moore, Councilman Cokinos, Councilman Lee for coming out and being with the Hispanic community and for those who didn't know who won the prizes, first prize went to Councilman Moore; second prize went to Mayor and third prize went to Councilman Lee. (Councilman Cokinos said, "And, I got a package of Rolaids.") But, we would like to express this opportunity to thank you ... . .. We are celebrating the 150th anniversary of our City. I would call upon those who are planning this celebration, do not forget the ethnic backgrounds that have provided the contributions to this part of the country. Do not let the celebration go without including all of those ethnic groups in there. At one time there was a plan to have an Ethnic Festival as part of this celebration. .." Mayor Meyers responded that an Ethnic Heritage Festival, unless changed recently, is scheduled for September 26, 1987. Councilman Cokinos said, "Mr. Flores, since you are so dedicated to the City of Beaumont, from a Greek City Councilman to a Mexican leader, I want to give you this, 'Ask me About Beaumont' (pin)." -000- MAYOR MEYERS: I would further encourage anyone and everyone to be at the Civic Center tomorrow night at 7:30 because the success of the Sesquicentennial Celebration will be participation and they are trying to draw on all elements of the community and enlist their aid. Everywhere we go, we are talking about this and hope you will be there tomorrow. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -193- May 12, 1987 I, Rosemarie Chi appe t ta, Secretary in the City Clerk's Office for the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held May 12, 1987. Rosemarie Chiappetta Secretary -194- May 12, 1987