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HomeMy WebLinkAboutMIN SEP 09 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 9, 1986 -- 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of September, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos 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 Albert E. Haines City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk (*Arrived just prior to the public hearing on the proposed budgets. ) -000- The Invocation was given by the Reverend Derwood L. Bristow, pastor of Forest Park United Methodist Church. The Pledge of Allegiance was led by Councilman Cokinos. -000- Mayor Meyers noted that on this day, September 9, in 1776, the name of our Country was changed from United Colonies to the United States. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 2, 1986; Resolution 86-269 authorizing the pledge of $2,419,000.00 in securities by Texas Commerce Bank, Beaumont, and release of $500,000.00 in securities by Jefferson Savings and Loan of Beaumont held as collateral for City -deposits; Resolution 86-270 authorizing purchase of Parcel 56, 4,626 square feet out of Lot 19, Block 34, Arlington Addition, from Janette Hayles at $7,241.00, for the M. L. King Jr. , Parkway/Spur 380 Project; -183- September 9, 1986 Resolution 86-271 appointing Sergeant Bill Davis to the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect and Nancy Morgan to the Historical Landmark Commission to replace Cindy Mooney, term to expire October 31, 1988; Resolution 86-272 requesting the acceptance of two easements (one for street purposes, storm sewer and general utility purposes on Holiday Square and the second for easement across Steinhagan property for storm sewer purposes and a working easement adjacent to Holiday Square) and street improvements for City maintenance on Holiday Square; and Resolutions 86-269 through 86-272 of the Consent Agenda were approved on a motion made- by Councilman Samuel and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None A resolution authorizing the sale of property described as the west thirty- five (35') feet of Lots 1-5 and the west thirty-five (35') feet and the north ten (10') of Lot 5 and Block 8 of the Neches River Park Addition held for delinquent taxes to the Port of Beaumont at an amount of $950.00 was held at the request of Councilman Cokinos for additional information on the size and location of the tract and the City's portion of delinquent taxes. -000- Resolution 86-273 authorizing the City Manager to execute a contract with Merrill Construction Company, Inc. for the Carroll Street Park Drainage and Landscape Plan at an amount of $52,404.00 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 86-274 awarding the bid for the purchase of 50 hats at $17.00 each and 200 rainsuits at $29.70 each for the Police Department from Night's Uniform Company (total in the amount of $6,790.00) was approved on a motion made by Councilman Cokinos and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None. -000- Resolution 86-275 awarding the bid for the purchase of 3,200 feet of 12-inch Polyvinyl chloride water pipe from Coburn Supply Company in an amount of $24,355.36 ($24,832.00 less 2% prompt payment discount) was approved on a motion made by Councilman Brumley and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution 86-276 awarding the bid to H. H. Sanders and Sons, Inc. , at an amount of $18,736 plus $3.00 per board foot for replacement of damaged facia and gravel guard for repairs to the roof of Municipal Court was approved on a motion made by Councilman Weisbach and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -184- September 9, 1986 Resolution 86-277 authorizing the City Manager to execute a license to encroach agreement to allow a 9-foot 8-inch encroachment over the public sidewalk on the north facade of the Jefferson Theatre and waiving the $500.00 fee for such license (requested by Milton Bell for the Jefferson Theatre Preservation Society) was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 86-278 awarding the bid for the purchase of one (1) compactor for use at the Lafin Road Landfill from Fogle Equipment Company in the amount of $209,900 (Fogle Equipment Company, which is going out of business, has assigned bid to the manufacturer of the compactor - Ingersoll Rand) was .approved on a motion made by Councilman Lee and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 86-94 amending the Convention and Tourism Advisory Board to provide that the Chamber of Commerce representative be filled by a member of the Board of Directors and that a sixteenth occupational specialty be added and filled by the paid Economic Development Executive of the Chamber of Commerce, term for two years, was considered: ORDINANCE NO. 86-94 ENTITLED AN ORDINANCE AMENDING ORDINANCE 86-75 WHICH ESTABLISHED A CONVENTION AND TOURISM ADVISORY BOARD AND PROVIDED FOR ITS DUTIES BY CHANGING THE COMPOSITION OF THE BOARD FOR FUTURE YEARS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Councilman Samuel questioned the City's policy for charges to citizens for use of the Landfill. Response was that citizens may make three (3) trips per month to the Landfill without charge. It was suggested that notice of fee schedule be given to residents at the time of their initial visit. In response to a question raised by Councilman Brumley asking why bid specifications are not mailed with notices to bidders, it was determined the cost of postage is prohibitive. -185- September 9, 1986 Councilman Brumley reminded that the second "Fifth Tuesday" City Council Session/Town Meeting would be hosted in Ward II on September 30, 1986, at 7:00 p.m. , in Calvary Baptist Church and encouraged all to attend. KJAC TV-4 will host "Sunday in the Park" September 14th, 2:00 to 4:00 p.m. in Riverfront Park. Councilman Cokinos requested additional information on outside the City use of the Landfill. City Manager Haines acknowledged promotions of John Gorman to Director of Convention Facilities and S. A. Webb to Director of Water.Utilities and introduced Maxi Patterson, who will assume duties as Resource Management Director on September 29, 1986. Mayor Meyers asked that City vehicles be moved to the lower parking lot for the convenience of citizens coming to City Hall. Councilman Samuel requested that the Legal Department prepare a draft of an Equal Employment Opportunity ordinance for Council. consideration. -000- Mr. J. C. Leggett, 1849 Washington Boulevard, addressed Council to suggest that representatives of the news media who visit scenes of vehicular accidents for the news value to clean the streets of the debris. Mr. Ed Orr, 3830 Evalon, addressed Council to request that a possible decision for residential garbage pickup to be limited to once a week rather than the present twice per week schedule not include summer months. In addition, Mr. Orr complained about possible damage to City streets when such things as an 80- foot, 160,000-pound shrimp boat are moved over streets that were not constructed to highway standards. Mrs. Nugent Boyd, 4465 Thomas Lane, addressed Council to urge that Tyrrell Historical Library be given the full staff recommended amount of $177,411.70 for the rehabilitation of a City-owned facility under the Community Development Block Grant Program to repair the remaining stain glass windows, wiring, air conditioning and heating of the facility. Mrs. Delia Harrington, 815 Willow, addressed Council to say that Police and Fire employees should live within the city limits of Beaumont. Henry Dannenbaum, 695 Avenue C, addressed Council to request investigation of the proper licensing of a half-way house (not named) in the City. Roberto Flores, 2425 Buchanan addressed Council for clarification of responsibility for the upkeep of the Delaware Street Property (passive park, subject to 99-year leases held by the Beaumont Art Museum) because of expressed interest by citizens in volunteer cleaning and maintenance of the Park. City Attorney Nichols said it was his understanding the responsibility is that of the Beaumont Art Museum but he would review the leases for definite responsibility. (Councilman Moore arrived during this portion of the meeting.) -186- September 9, 1986 Public hearing was called on proposed 1986-87 Budget and Capital Budget: Mr. C. L. Sherman, 585 Belvedere, urged cut in spending that would result in a reduction in property taxes and expressed his opposition for the proposed filling of sixteen (16) city positions. Mr. Ed Orr, 3830 Evalon, urged Council to return to line item budgeting and make copies available for purchase by citizens for home study prior to its adoption. Mr.. Roberto Flores, 2425 Buchanan, addressed Council to urge consideration of "quality of life" issues when deliberating the proposed budget, i.e. , reopening of the Library on Sunday, etc. Mrs. Maree Calcote, 5615 Duff, addressed Council to say that she disagreed that there should be a line item budget. Mr. Gene Darst, 585 Iowa, urged more efficient and productive use of city personnel and equipment. In addition, Mr. Darst complained about the poor condition of Iowa Street. There be no one else to address the Council concerning the proposed 1986-87 Budget and Capital Budget, the public hearing was closed. -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 September 9, 1986. Myrtle Corgey City Clerk -187- September 9, 1986 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 9, 1986 CITY MANAGER ALBERT E. RAINES: The next item is a resolution awarding the bid for the purchase of one compactor. Last week this item was removed from the agenda. I requested it primarily because the successful bidder indicated that he was going out of business. Since that time, the City's received an assignment from Fogle Equipment Company of Houston of all of his right and interest in the bid to the manufacturer of the compactor, Ingersoll Rand. Additionally, we have received written certification from Ingersoll Rand that they will comply with all the bidding terms. The resolution attached authorizes the award of bid for one compactor to Fogle Equipment of Houston. Fogle's assignment of this bid to Ingersoll Rand will allow the City to make payment directly to Ingersoll Rand and require them to meet all the specifications of the bid. Copy of the Council letter from last week is attached to show you the tabulation of the bids received. COUNCILMAN BOB LEE, JR. : Question if you are through. In the memo that we received, we have indicated that Fogle maintains an in-town representative to perform all warranty work and service work on the compactor and obviously Fogle is going to be out of business. Is Ingersoll Rand then going to be responsible for providing service and will they have an in town representative? CITY MANAGER: My understanding, maybe Mr. Nichols can respond. My understanding is that the assignment includes all of the responsibilities to the specificiations. CITY ATTORNEY LANE NICHOLS: That's correct. I don't have any idea about Ingersoll's local representative but they will be responsible for the entire performance under the bid; but it's likely that they don't have local representative . . . they do? Good. COUNCILMAN LEE: Great. COUNCILMAN ANDREW P. COKINOS: This concerns me, Mr. City Manager. Here's a company that is going out of business - Fogle, who't the local bidder and I think we . . for them to hand this bid over to whoever they may desire, there's several questions in mind. First of all, did Fogle put up a Performance Bond? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 9, 1986 Page 2 PURCHASING AGENT HELEN DENMON: No, sir. There was not a Performance Bond required on this bid. COUNCILMAN COKINOS: Why? MRS. DENMON: Because we do not pay for the equipment until after it's received and accepted as meeting our specifications. COUNCILMAN COKINOS: Well, then is Ingersoll Rand . . . have they got a performance bond, some guarantee to the City? MRS. DENMON: No, sir. They do not. COUNCILMAN COKINOS: I think we are treading on dangerous grounds here in that case, don't you think? MRS. DENMON: It has never been the City's policy to ask for performance bonds on cars or equipment or fleet items because we don't pay for them until after it's received and accepted by the City. COUNCILMAN COKINOS: I'm Just going by what the Mayor says. We've got to dot all the "i"s and cross all the "t"s and I think this is a very dangerous thing that we are doing here - no performance bond. We can be stuck with a piece of equipment that doesn't work. MRS. DENMON: No, sir. We wouldn't accept it if it did not meet the specifications that we sent out for the bids to be made on. EXCERPT FROM REGULAR 6ITY COUNCIL SESSION HELD SEPTEMBER 9, 1986 Page 3 COUNCILMAN MIKE BRUMLEY: The way I understand it is Ingersoll is to compactors as General Motors would be to cars. Is that right? MRS. DENMON: That's right. COUNCILMAN BRUMLEY: I mean Ingersoll is the company that manufactures it. They are not a distributor or a dealership. They are the actual plant and so there would be no difference of a requirement to Ingersoll than requiring General Motors to do the same thing for a police vehicle. COUNCILMAN COKINOS: Well, I noticed that the Mustang Tractor of Beaumont was the low bidder, even to Fogle but with the exception of the horsepower. You had 400 horsepower for specifications, but they only had 310. It may be possible if we have a rebid on this that the Mustang Tractor of Beaumont might be able to meet the specifications. I just don't like the idea of the low bidder giving the bid to someone else. I just don't like it. I'm sorry. MRS. DENMON: Well, there was another quirk in the bid that Mustang bid. We asked for a compactor that the weight would be 75,000 pounds or more. Mustang Tractor did add some counterweight to their machine or could have to make it meet this weight requirement by putting a karon-type wheel on, which added some, I believe, 20,000 pounds per wheel and the horsepower of course was of prime importance to the Sanitation Department because of the amount of solid waste we are receiving per day and it needs to be compacted to meet the State Board of Health's requirements. COUNCILMAN COKINOS: Well, what was the r.p.m. s on this Mustang, was the specifications reflected that? Did they meet those? MRS. DENMON: Yes, it was. I think we asked for 2,600 r.p.m. s. ,John, can you help me here or do you have a set of the specifications because I may have it mixed up with the dozer we just got? 2,100 r.p.m.? EXCERPT FROM THE REGuLAR CITY COUNCIL SESSION HELD SEPTEMBER 9, 1986 Page 4 SANITATION DIRECTOR CHARLES ROSS: Excuse me, I think it was 2,600 r.p.m.s. MRS. DENMON: 2,600 r.p.m. s to produce the horsepower; 630 cubic inch displacement on this engine and Mustang does not have a machine that could meet those requirements. I talked with their representative at length at the prebid conference and even after the specifications went out for bid. COUNCILMAN COKINOS: Well, I know that we have a very serious problem at the landfill and if we are not careful we are going to run out of space and I know that it is much needed. At the same time, I just don't . . . it concerns me that a low bidder can turn right around and give it to somebody else without a performance bond or I feel that we ought to have this rebid. MAYOR MAURICE MEYERS: Let me ask a question, if I may. The equipment bid by Fogle was what? MRS. DENMON: It was an Ingersoll Rand compactor. MAYOR MEYERS: Is that the one that they are now going to provide us? MRS. DENMON: Yes. MAYOR MEYERS: Okay, the only thing I would think you should have added to that note was that statement. No where in there does it say in the letter that Ingersoll Rand is providing the same piece of equipment that Fogle bid on. Basically, the manufacturer is honoring, it sounds like to me, a bid of one of its dealers that's gone broke and so Ingersoll Rand is going to honor the bid that was made and deliver it directly to us which is fine with me. But, it is the same unit and the same piece of equipment that was bid? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 9, 1986 Page 5 MRS. DENMON: Yes, sir, identical. MRS. DOLORES WATTS: Mr. Mayor, how long does a manufacturer's rep. of Ingersoll on a compactor like that is taken care of; she said it is not paid for until it is accepted by the City, but, then a manufacturer's rep only takes care of that for one year and then the City has to take care of the upkeep on it. MAYOR MEYERS: Well, not to belabor the conversation away from the agenda portion, but she referenced the fact that local service was available and I think that's the important question that was asked. COUNCILMAN COKINOS: Maybe we ought to look at the possibility of limiting the garbage intake at our landfill and to satisfy the citizens of Beaumont rather than get garbage and stuff from surrounding areas. I understand that that landfill is only supposed to take in 350 tons a day, am I correct? COUNCILMAN LEE: . . . projected. COUNCILMAN COKINOS: . . . projected? MRS. DENMON: That's what was estimated when the landfill was opened. COUNCILMAN COKINOS: But, aren't we taking in 950 tons a day, approximately? MRS. DENMON: 930 a day approximately, yes, sir. EXCERPT FROM REGULAR CITY COUNCIL SESSION SEPTEMBER 9, 1986 Page 6 COUNCILMAN COKINOS: I think . . . I think that knowing that the landfill is not a money-making proposition, I think that pretty soon we are going to run out of space and I feel that this is a very serious thing regardless of the situation there and that I think we ought to start thinking about the citizens of Beaumont rather than the outlining districts. Let them have their own landfill and this would cut down on the equipment that we need. Save the citizens of Beaumont money on buying compactors and so forth and I feel that Council should seriously think about limiting this garbage to the citizens of Beaumont. COUNCILMAN LEE: Mr. Mayor, I move to approve the resolution. COUNCILMAN WEISBACH: Second. MAYOR MEYERS: We have a motion and a second for item 6. Is there any further discussion? If not, those in favor of the motion signify by saying aye. (All responded aye. ) Opposed. (No response. ) END OF EXCERPT. EXCERPT FROM CITY COUNCIL WORKSHOP SESSION HELD SEPTEMBER 9, 1986 COUNCILMAN ANDREW P. COKINOS: Al, when you eliminate the Park and Recreation Director, that doesn't mean the Library is . . . that doesn't mean an increase in her salary, does it? CITY MANAGER ALBERT E. HAINES: No, not necessarily. What I would do is I'd basically leave it the way it is now is what that would do. COUNCILMAN COKINOS: In other words, you are not going to eliminate this and add somewhere else. CITY MANAGER HAINES: No, this would be a clean cut, the elimination of a position. COUNCILMAN COKINOS: Not now, later? CITY MANAGER HAINES: I don't want to eliminate it. I would like to fill the job, but this is one way . . . one area that I could save $50,000. END OF EXCERPT. LANDFILL EXCERPT 9/9/86 COUNCILMAN COKINOS: Mr. Mayor, thank you for your kind words, Councilman Lee, but I've got a couple more questions I would like to ask about the Landfill. I was cut short, but how big of an area of landfill did we originally have, Mr. Ross. MR. ROSS: Total of acreage? COUNCILMAN COKINOS: Yes. MR. ROSS: 328 COUNCILMAN COKINOS: How much is left? MR. ROSS: We only exhausted possibly 14 acres in the first three years. COUNCILMAN COKINOS: So that means as far as being to capacity we're still in pretty good shape, huh? MR. ROSS: We are looking at other alternatives prior to any emergencies that would precipitate any COUNCILMAN COKINOS: How long do you expect this to last? MR. ROSS: The landfill? COUNCILMAN COKINOS: Yeah. MR. ROSS: At this point, about another 25 or 30 years. COUNCILMAN COKINOS: Well, I hope I'm still on the City Council. LAUGHTER MAYOR: You're finished? COUNCILMAN COKINOS: I'm through. MAYOR: Everybody's finished?