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MIN SEP 22 1992 6 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 22, 1992 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 22nd day of September, 1992, with the following present: HONORABLE: Evelyn M. Lord Mayor 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 Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Mr. Lowell Whited, South Park Church of Christ. The Pledge of Allegiance was led by Councilman Moore. -000- Citizen comment was invited on the Consent and Main Agendas. Mr. Barry Kuhn, representative of T. E. Moor Co. , 755 South 11th Street, addressed Council regarding Agenda Item No. 3 authorizing a contract for third party administrator and loss control services. Mr. Kuhn said the item was included with the bid for reinsurance at the August 24, 1992, bid opening and expressed his opinion that the City would be best served if all insurance bids would have been awarded as a package and not individually. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 15, 1992 ; Resolution No. 92-251 appointing Tracey Geer to the Beaumont Advisory Commission for the Prevention of Child Abuse and Neglect for a term -209- September 22, 1992 expiring June 30, 1994; the Reverend Larry Hawthorne to the Senior Citizens Advisory Committee for a term expiring September 30, 1994 ; Lexie Williams to the Sister City Commission for a term expiring December 31, 1993 ; and reappointing Stanley Shipper to the Airport Advisory Committee for a term expiring May 31, 1994; Gaylyn Cooper to the Rehabilitation Board of Adjustments for a term expiring May 31, 1994; Van Daniels and Pat Henderson to the Parks and Recreation Advisory Committee for terms expiring June 30, 1994; Roger McCabe to the Community Development Advisory Committee a term expiring May 31, 1994 ; and Lillie M. Scourton to the Library Commission for a term expiring October 31, 1993 ; Resolution No. 92-252 authorizing purchase of a 3/4 ton carry all vehicle, a 1993 Chevrolet Suburban, for the use by the Fire Department as a second responder unit, from Knapp Chevrolet, Inc. of Houston in the amount of $22 , 987. 00; Resolution No. 92-253 authorizing purchase of one self-propelled, all- terrain, hose real assembly from Naylor Supply Company in the amount of $11,256. 00 to be used in conjunction with a high pressure sewer cleaner by the Water Utilities, Sewer Maintenance Division; Resolution No. 92-254 authorizing Change Order No. 2 in the amount of $2, 350. 00 to the contract with G & G Enterprises to correct deficiencies in the existing structure of the No. 1 Fire Station in order to construct a 30 ' x 36 ' addition to the storage building increasing the total contract amount to $33,232 . 00; Resolution No. 92-255 approving the waiver of penalty and interest on eight property tax accounts which became delinquent through errors which were not the fault of the property owners to: Benjamin Nelson, Account Number 023250-009600, in the amount of $10. 68; Elizabeth Johnson, Account No. 032500-001400, in the amount of $24.71; Donald Ross, Account No. 052800-024300, in the amount of $32 . 02 ; Graybar Electric, Account No. 067355-000800, in the amount of $331. 33 ; Perry Brown, Account No. 300005-021600, in the amount of $166.78; Harvey Night, Account No. 300050-013600, in the amount of $215.97; Mary Helen Lindow, Account No. 700000-373375, in the amount of $13 . 01; and Property Damage App. , Account No. 700000-492610, in the amount of $9. 59 ; Resolution No. 92-256 authorizing acceptance of easement donations in the David Cunningham Survey one mile south of City limits in the City's extra territorial jurisdiction between West Port Arthur Road and Hebert Road for water and sewer extension to serve the proposed federal prison from: J. L. Caldwell Company Trust, F/B/O G.A.N. McFaddin; Jules Hebert Kyle; Margaret Kyle Hopkins; Mary Kyle; Carol Tyrrell Kyle; W. W. Kyle, III; Jill Ann Bailey; Michael Cook; and Mr. and Mrs. Paul Choate; and authorizing the City Manager to enter into an agreement between J. L. Caldwell Co. Trust and Gulf States Utilities Co. as a protection from damages resulting from construction of the lines within the easement; -210- September 22, 1992 Resolution No. 92-257 authorizing a License to Encroach on City right-of- way from the southwest property corner of Lot 6, Block 35, McFaddin 2nd Addition, to a location 12 ' south of the northeast property corner of Lot 1, Block 7, Averill Addition, for a distance of 93 .72 ' in length and 2 ' wide to allow installation of a 4" conduit diagonally from 2201 Harrison to 2190 Harrison, at the request of Western Gulf Communications, agent for Hobson and Ferguson, for a one time fee of Five Hundred Dollars ($500. 00) ; and Resolution No. 92-258 authorizing filing an application for a $12, 000 TRASER Selective Traffic Enforcement (STEP) Grant for the Police Department (to reduce the total accidents at TRASER-selected sites and build an automated traffic records system) from the State Department of Highways and Public Transportation. 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. 92-259 approving the Beaumont employees, classification and compensation plan for Fiscal Year 1993 for Grades 1 through 18 for approximately 624 classified positions and adding one grade for exempt positions by establishing Grades from 21 through 29 for approximately 141 positions was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-72 amending Chapter 21, Section 21-74 of the Code of Ordinances relating to Fire Department grades, positions and classifications: Grade I, 102 positions: Firefighters; Grade II, 74 positions: Fire Engineers, Fire Prevention Investigators 1 and Assistant Training Officer; Grade III, 41 positions: Fire Captains, Fire Prevention Investigator II and Supply Officer; Grade IV, 12 positions: District Fire Chiefs, Training Officer, Fire Dispatcher Supervisor and Fire Marshall; Grade V, 3 positions: Deputy Fire Chiefs; and Grade VI, 1 position: Assistant Fire Chief; was considered: ORDINANCE NO. 92-72 ENTITLED AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT POSITIONS, AND JOB TITLES WITHIN THE FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. -211- September 22, 1992 ordinance No. 92-72 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution No. 92-260 accepting the proposal submitted by T. E. Moor and Company, agent for F. A. Richard & Associates, and authorizing an annual contract for third party administrator and loss control services for the City's Worker's Compensation Insurance Program with charges for indemnity claims @ $498 ea. ; medical only claims at $70 ea; record only claims @ $20 ea; a $25, 000 administrative fee; loss control @ $98.40/hr. ; allocated costs such as rehabilitation, private investigation or court representation figured at time and expense was considered. During Council discussion, Councilman Moore thanked Council for deferral of this item to allow additional time to visit with Staff and others, verified that consideration of this item was not primarily based on low dollar amount, but aggressive services which could prove to eventual savings for the City. Councilman Samuel said his two concerns were the possibility of a conflict of interest because T. E. Moor and Company previously served as advisors to the City and in not going with the lowest bidder, he was concerned with the price. He commented that he wanted to be insured that a proper and fair process was used and that he needed to be confident that the excess cost was justified. Mr. Riley explained that for the reinsurance portion award of two weeks ago, during the initial phase, a broker's letter of record was sent to one company that was not designated as the total agent, but was rescinded when competitive bids were announced to allow the same access to that market for all interested and has no bearing on this award. Mr. Nichols said that since the reinsurance portion is separate, the issuance of that letter should play no part in the TPA award. Resolution No. 92-260 was approved on a motion made by Mayor Pro Tem Alter and seconded by Councilman Cokinos. Question: Ayes: Mayor Lord Nayes: Councilman Mayor Pro Tem Samuel Alter Councilman Cokinos Councilman Smith Councilman Moore Abstained: Councilman Goodson -212- September 22 , 1992 Resolution No. 92-261 authorizing submission of a Request for Proposals (RFP) Response for a Fresh Water Fisheries Center to the Texas Parks and Wildlife Department and "Operation Share A Lone Star Lunker, Inc. " with 3-to-1 match funding available through the Wallop-Breaux Federal Fund (if secured, 60 acres along Interstate 10 and necessary fill dirt to be donated by the Phelan family--City will provide necessary water, sewage and drainage facilities) was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution No. 92-262 authorizing purchase of a 1993 Link-Belt Model LS- 3400C II excavator equipped with a hydraulic hinged boom and mounted on a crawler-type undercarriage for use by the Water Utilities, Water Distribution Division from Con-Equip, Inc. in the amount of $126, 174 . 00 was approved on a motion made by Councilman Goodson and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 92-263 authorizing a contract with the State Cooperative Purchasing Program for purchase of police pursuit vehicles, automobiles, light duty trucks and vans approved for Fiscal Year 1993, was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 92-73 (correcting Ordinance No. 92-71) abandoning Peno Street (aka Pena) a 30 ' x 145 ' undeveloped right-of-way south of Shell Street between Lot 32, Block 1, and Lot 1, Block 4 of the Shell Road Addition at the request of David E. Merriman, acting on behalf of himself and Nancy Gail Knight, was considered: ORDINANCE NO. 92-73 ENTITLED AN ORDINANCE ABANDONING PENO (AKA PENA) STREET A 30 ' BY 145 ' UNDEVELOPED RIGHT-OF-WAY SOUTH OF SHELL STREET BETWEEN LOT 32, BLOCK 1 AND LOT 1, BLOCK 4, SHELL ROAD ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 92-73 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Alter. Question: Ayes: All Nayes: None -213- September 22, 1992 Resolution No. 92-264 authorizing an annual contract for cement stabilized sand for use by the Street and Drainage Division with Cowboy Concrete Corporation at $8.40/ton for 1 sack cement (approximately 5, 000 tons) ; $9.90/ton for 1 1/2 sack cement (approximately 1, 000 tons) ; and $11.40/ton for 2 sack cement (approximately 2, 000 tons) ; and authorizing an alternate contract to be used only when material is unavailable from Cowboy Concrete with APAC-Texas, Inc. for 1 sack cement at $8. 65/ton; 1 1/2 sack cement at $9.80/ton; and 2 sack cement at $10.94/ton was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Lord announced that an Executive Session will be conducted following the regular City Council meeting in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Etta Pearl Lewis v. the City of Beaumont, Brenda Martin v. the City of Beaumont, Jessica Ford v. the City of Beaumont, and Wanda Kaluzny v. the City of Beaumont. -000- Councilman Smith reported that she attended the National League of Cities Human Development Committee meeting last week in Washington, D. C. that addressed development of health care policy, violence in our society and education. She said there were several presentations from cities, but the presentations of Richmond and Norfolk, Virginia were most interesting. Because they are a commonwealth, the City Council controls all the funds for the schools for the entire County and even appoints the School Board. She said it was amazing to hear of the number of collaborative social programs offered by those cities coming out of one entity. Mayor Pro Tem Alter said he is hosting the Midwest Jewelers ' Conference brought here by Scull and Co. , complimented the Convention and Visitor's Bureau for a phenomenal job of welcoming everybody, the hotels for their accommodations and other businesses for their contribution in making the guests feel welcome in Beaumont. Councilman Samuel reported that he has been contacted about a tree obstructing the view of drivers at the intersection of Delaware and Cleveland, and said two carwash owners expressed concern about loitering at their establishments on the corner of Lucas and Magnolia and further down on Magnolia. They reported drug transactions and break-ins. He asked for Staff inspection of these complaints. Councilman Moore said he attended a Transportation and Communications Committee meeting in Little Rock, Arkansas and said we need to look at the upcoming technology and competition for telephone services; -214- September 22, 1992 j questioned the dispatch system in the Police Department; reported a situation brewing at Virginia Estates and Virginia Village where threats are being made and said it is time to institute a program with the Police Department to assist these citizens such as there was at Magnolia Gardens; and said the problem of a lot of trash and debris on Cardinal Drive coming off uncovered trucks or those traveling to the landfill needs to be addressed. Mayor Lord commented that she has received complimentary calls about the assistance of the Convention and Visitor's Bureau with the recent baseball tournament that was interrupted by "Hurricane Andrew. " Even though the event was cut short, the visitors expressed a desire to return because of the exceptional hospitality received in Beaumont. Mayor Lord said she attended the Executive Session of the U. S. Conference of Mayors last week where she was asked to chair a committee on arts, recreation and culture and is pleased because this is the committee that handles federal legislation relative to UPARR--the grants that have been available to Beaumont for such improvements as Riverfront Park--as well as grants for the arts and museums. -000- An actor portraying a homeless constituent of Ward IV planning to take up residence in a cardboard box in Councilman Moore's yard presented a dialogue of entertainment for Council and in celebration of Councilman Moore' s recent birthday. Mrs. Moore then presented her surprised husband with a balloon bouquet. -000- There being no further business, the Regular Session of City Council was adjourned. -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 September 22 , 1992 . Rosemarie Chiappetta City Clerk -215- September 22 , 1992