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MIN JUN 16 1992 ■ REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 16, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of June, 1992, with the following present: HONORABLE: Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Dr. Sandy Sandlin, pastor of First Baptist Church. The Pledge of Allegiance was led by Councilman Moore. -000- Mayor Pro Tem Alter explained that Mayor Lord, jointly with the Chamber of Commerce, is in Washington, D. C. lobbying our Senators and Representatives on behalf of the City of Beaumont. -000- Two Proclamations were issued: A Proclamation recognizing Beaumont's First Assistant City Attorney "Tyrone E. Cooper" for receiving the Galen Sparks Assistant City Attorney of the Year Award presented by the Texas City Attorney's Association--a prestigious award honoring those reflecting a quality of work ethic and extraordinary level of legal expertise and unfailing resolve to perform one's personal best; and a Proclamation recognizing an Equipment Mechanic III in the City's Fleet Maintenance Department, "Ronald A. Polar, " for winning the State-wide Mechanic Rodeo, sponsored by the Solid Waste Association of North America, and receiving First Place in the Mechanic Truck category and the Grand Championship Award in the Truck Mechanic competition at the International Mechanic Rodeo. -138- June 16, 1992 e Ms. Jane Bordelon, 2nd Vice-President of C.A.S.A. (Child Advocacy) gave a brief history of the group that was formed March 7, 1991, as a result of "Leadership Beaumont. " In looking at crime in the city, they decided to start with helping children. Ms. Bordelon introduced Sue Smith, an active member since February. Ms. Smith explained that the purpose of the C.A.S.A. program is to bring in community volunteers that are concerned about children who have been removed from their homes due to abuse or neglect. The volunteers are trained and certified by the Court and then advocate on behalf of the children. The main activities of the group are to: 1. act as fact-finders for the Judge; 2 . represent the child's voice in the court system; and 3. monitor the child's situation while in foster care and insure their needs are being met. Ms. Smith said the second group of volunteers is being trained. -000- Ms. Jeanne Mitchell, representative from Mobil Oil Corporation, reviewed some of their corporative ventures with the City of Beaumont (the Mo-Beau Team and Concerts in the Park) and announced their next sponsorship is the Great American Race which will be making a pitstop in Beaumont at Babe Zaharias Park on Thursday, June 25, 1992, about 3 :00 p.m. This is a competition of authentic antique cars, ranging in age from 1909-42, in a 14-day transcontinental competition of controlled speed, precision-driving and endurance. It will start in Charleston, South Carolina and finish in Costa Mesa, California. A $5, 000 grant for libraries will be given to the city voted to be the best pitstop host. Ms. Mitchell presented Council with tee-shirts, car photo calendars, pins, and library post cards to show a sample of the gifts that will be given to auto drivers when they arrive in Beaumont. There will be refreshments and the Firehouse Band and Harmony Exporters will provide music. The public is invited to join in welcoming the Great American Race entrants to Beaumont. -000- Citizen comment was invited on the Consent and Main agendas. No one wished to address these items. -000- The following Consent Agenda items were considered: Approval of Minutes of the regular City Council session held June 2, 1992 ; Resolution No. 92-157 authorizing First City Bank to release of $650, 000. 00 and pledge of $670, 000. 00 in securities with the Federal Reserve Bank - Dallas/Houston Branch, effective June 4, 1992 ; Resolution No. 92-158 appointing Gene Darst to the Airport Advisory Commission, Hester Bell to the Housing Rehabilitation Loan Board, Virgil Hughes to the Plumbing and Mechanical Board of Review for terms -139- June 16, 1992 Y expiring May 31, 1994 and appointing Jakey Dalco to the Mayor's Committee for Employment of the Disabled; Resolution No. 92-159 authorizing the signatures of the Assistant City Manager, Chief of Police, Central Services Director and the Purchasing Manager to submit application for exemptions and special license plates for unmarked Police vehicles to the State Department of Highways and Public Transportation on behalf of the City of Beaumont; Resolution No. 92-160 authorizing purchase of two (2) animal control transport bodies (mounted on two (2) existing cab/chassis) in the amount of $19,800. 00 from Swab Wagon Company, Inc. of Elizabeth, Pa; and Resolution No. 92-161 accepting Street and Storm Sewer Improvements: Littlewood Drive from existing pavement on Littlewood Drive approximately 475 feet west to and including the cul-de-sac and Shadow Bend Drive from Littlewood Drive approximately 180 feet south to a Type III barricade at end of pavement and Water and Sanitary Sewer Improvements: Lots 64 through 71, Block 2 and Lot 7, Block 3 in Bellechase Three, Phase Two, for maintenance by the City contingent upon the developer's filing of final plats and dedication of rights of way and installation of street lights. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-162 authorizing an amendment to the labor contract with the Beaumont Firefighters' union, Local 399, to reduce medical coverage payments for retired or disabled Firefighters to monthly rates of $150 for single coverage, $200 for single plus one dependent and $250 for family coverage; those retiring between April 1, 1984, and January 31, 1992, would not be subject to future rates increases; those retiring on or after February 1, 1992 , may be subject to annual rate adjustments; and a requirement that retirees leave the program at age 65 upon qualification for Medicare was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-163 authorizing an annual contract with Eastex Medical Laboratory for an approximate cost of $60, 250. 00 to provide medical laboratory services for the Beaumont Health Department (200 CBC at $4. 25/ea--$850; 500 Chem-Zyme at $4 .90/ea--$2 , 450; 1, 000 Chem-Zyme and CBC at $6.50/ea--$6,500; 600 Substance Abuse Panel 10 at $30/ea-- $18, 000; 2,500 RPR at $4. 00/ea--$10, 000; 3, 000 GC Culture at $5.25/ea-- -140- June 16, 1992 Y $15,750; 300 MHA-TP at $10. 00/ea--$3, 000; 300 Pap Smears at $7. 00/ea-- $2, 100; and 200 Miscellaneous Cultures at $8. 00/ea--$1, 600) was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-164 authorizing purchase of a self-contained multiple purpose excavating/grading machine with a telescoping boom to be mounted on a rubber-tired carrier for use by the Street and Drainage Division of the Public Works Department in excavating ditches in residential areas from HiWay Equipment Company, Inc. in the amount of $122,486. 00 was approved on a motion made by councilman Moore and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-165 authorizing a Change Order to the contract with Cleveland Building Systems, Inc. in the amount of $15,893 . 00, thereby increasing the total contract price to $155, 687. 33, for construction at the Best Years Center to include handicap access ramps, additional renovation of rooms, repainting of existing walls, installations of vinyl covered the and carpet was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-166 authorizing Change Order No. 1 (increase Sewer Excavation from $3 . 00 to $4 . 64/cyd and Roadway Excavation from $4 . 62 to $6.25/cyd) in the amount of $206, 110.28 with Russ Miller Construction Company, increasing the total contract price to $9, 126, 699.78, to deposit an estimated 125,700 cubic yards of excavated material at $1. 64 per cubic yard, from the Cartwright Drainage Project at the Landfill to be used as a final cover of cells was considered: Councilmen Moore and Samuel expressed concern that local minority businesses continue to be utilized when possible, not just for undesirable contracts, and Councilman Moore requested percentage information on compliance with the MBE policy of the contractor for the Cartwright Drainage Project Resolution No. 92-166 was approved on a motion made by Councilman Goodson and seconded by Councilman Moore. Question: Ayes: All Nayes: None -141- June 16, 1992 Y Resolution No. 92-167 authorizing a contract with Allco, Inc. in the amount of $2, 533, 314. 08 for Contract II of the Wastewater Treatment System Improvements, consisting of construction of a system of pumps, pipeline and canals for conveying effluent from the sewage treatment plant to the new artificial wetlands, was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 92-168 authorizing purchase of three (3) one-ton dump trucks to be mounted with a three-cubic-yard dump body from Wickersham Ford in the amount of $62 , 065. 00, (two (2) for utilization by the Streets and Drainage Division and one (1) by the Parks Maintenance Division) was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 92-169 authorizing an annual contract with APAC-Texas, Inc. for providing approximately 1, 000 tons of asphaltic concrete patch mix, FOB vendor's plant, at $32 . 00/ton for an estimated total of $32, 000. 00, and for providing approximately 4, 000 tons of hot mix/hot laid asphaltic concrete, FOB vendor's plant, at $22 .75/ton and $25.25/ton FOB jobsites, zones 1-4, for an estimated total of $91, 000. 00, to be used by the Street and Drainage Division for street repairs, was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None Resolution No. 92-170 authorizing a contract with Watkins Construction Company in the amount of $335, 015. 00 for park improvements on six (6) parks: Central Park--construction of a covered picnic shelter, one drinking fountain, jogging trails with exercise stations and removal of existing sidewalks; Chaison Park--replace existing basketball court with a new covered basketball court and add one drinking fountain; Jacobs Park--replace existing basketball court with a new one and a drinking fountain; Liberia Park--new covered picnic shelters constructed with a sidewalk extending from the current playground and plant Pampas grass along the west side of the property line; Magnolia Park--two large covered picnic shelters and drinking fountains constructed; and Pine Street Park--a large covered picnic shelter and drinking fountain; was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -142- June 16, 1992 Y Councilman Goodson said that on behalf of Mayor Lord, he was privileged to attend the very patriotic rededication of the Carl Pipkin Army Reserve Building where the new Brigadier General for this area and Brigadier General Cokinos were present. Councilman Cokinos announced another successful "Sunday in the Park" with a lot of children in attendance, thanked Staff for the quick response in pursueing repairs to the railroad crossing at Magnolia and Long and requested perseverance until all the previously railroad crossings are repaired. Councilman Samuel commended Chris (Coleman) and the Parks Department for the Juneteenth celebration and announced that on Thursday, June 18th, at Babe Zaharias Park, "Concerts on the Move" will feature zydeco music and Willis Prudhomme. Councilman Moore reported recently spending several days in Washington, D.C. where the Transportation and Communications Committee discussed several topics of interest, said he is concerned with the impact Bill 88 is having on cities across the country and that he does not want Beaumont to experience the same problem some cities are having in providing services. He discussed mandates from the Federal Government and said the League has restated they desire no further mandates to local municipalities without implementation funding. Councilman Moore suggested that consideration be given to enhancing a summer program to provide a rider's pass on City buses for children to the libraries in an effort to encourage reading among young children and announced that the second Pear-Orchard Neighborhood Meeting will be conducted at 6:30 p.m. tonight at the Greater Good Hope Baptist Church on Virginia Street and thanked Council for their support of this program. Mayor Pro Tem. Alter commented on a Letter to the Editor complimenting clean-up efforts of the South Park Neighborhood Association and said these kinds of efforts inspire others to better maintain their property and neighborhood. He added that Beaumont has been well represented in Washington with he and Councilman Moore there last week and Mayor Lord there now and that he had an opportunity to tour the Pentagon. -000- Mr. Perry Celestine, 4570 Brandon, commended Councilman Moore for his efforts in Ward IV and discussed the problem with youth using gang and drug dealers as role models and a need for change. The Reverend (Samuel) Leday, Route 5, Box 557, Beaumont, and operator of a business at 1445 Lindberg, distributed information to Council and letters for the Mayor, City Manager and City Attorney. The Reverend Leday again discussed at length his daughter receiving traffic citations and alleged Police brutality, urged dismissal of the arresting officer, expressed dissatisfaction with the Municipal Court -143- June 16, 1992 Y Judge and asked for an investigation into nepotism laws as they relate to the City. Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council in support of the Police Department. Mr. Jude Paradez, 920 Wisteria, addressed Council in support of a Citizens Review Board for complaints against Police Officers. Councilman Moore asked City Attorney Lane Nichols to explain the nepotism law as it relates to City of Beaumont employees, expressed concern about violating the law by continued discussion of the allegations of the Reverend Leday and his daughter and asked Mr. Nichols to give counsel regarding this issue. Mr. Nichols said he heard three primary issues addressed: nepotism, termination of an employee, and pending criminal action and said the City Charter prohibits Council involvement in employee hiring and termination--other than setting a policy and dealing with the City Manager on a broad policy basis--and is not an appropriate source of discussion at a Council meeting. He said that a pending criminal matter should be allowed to go through criminal process without Council comment. Mr. Nichols explained that Mr. Riley is the appointing officer for the City of Beaumont and Council serves as Officers of the Corporation, and, therefore, are prohibited from appointing people within certain relationships for City employment. However, this does not apply to either the Police or Fire Chief because under Civil Service Law they do not make original appointments to their department. In response to further queries, Mayor Pro Tem Alter advised the Reverend Leday that any further questions would be inappropriate in this meeting, but extended him the opportunity to speak to Council or the City Attorney during the interim before Workshop Session begins. The Reverend Leday requested a meeting with the City Attorney after the regular City Council meeting. -000- There being no other business, the Regular Session of City Council was recessed to reconvene in Workshop Session. -000- I, Rosemarie Chiappetta, 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 June 16, 1992 . Rosemarie Chiappetta City Clerk -144- June 16, 1992