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HomeMy WebLinkAboutMIN JUN 08 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JUNE 81 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 8th day of June, 1993, with the following present: HONORABLE: Evelyn M. Lord Mayor Guy N. Goodson Mayor Pro Tem Councilman, Ward II Andrew P. Cokinos Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I John R. Davis Councilman, Ward III David W. Moore Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Councilman Davis. The Pledge of Allegiance was led by Councilman Cokinos. -000- One Proclamation was issued: "Management Week, " June 7-12, 1993 . -000- Mayor Lord introduced Police Chief Tom Scofield and asked him to proceed with a recognition ceremony for some fine young people. Chief Scofield: Thank you, Mayor and Council, Ladies and Gentlemen. I 'm here today to recognize five extremely brave, young men and to show our appreciation for the things that they have done in two separate incidents. The first incident we'll talk about. . .occurred a couple of weeks ago, where four young men stopped a, virtually stopped a sexual assault on a very young girl. They intervened when they saw what was going on, took some action which forced the suspect to run. They provided safety for the young girl. They ran to a nearby store and called 911, and when the Police arrived, they assisted us in identifying the suspect in his apprehension. It was only through their brave acts that this young girl was not sexually assaulted, which would have had a terrible effect on -124- June 8, 1993 such a young life. I think that quite often, all we hear about is the negative things that our youth are involved in. This is an opportunity to recognize our youth for doing some really good things. We do have a lot of fine young men and women in the City of Beaumont, and I think that quite often we just focus on the negative, and this is a chance to focus on the positive. As I call your names, would you come forward and accept your certificate, and then go over and shake hands with the Mayor and Council: Kenneth Kirkendall, Gary Jenkins, Melvin Bennett, Darrell Green. (As each name was called, the audience applauded the recipient. ) It would be nice if their families would stand up and also be recognized. (Family members applauded by the audience. ) The other young man I 'd like to recognize is a member of our Police Explorer Scout Group, Post 730, in which we have been very proud of and are proud of. On March the 8th, one of our Explorer Scouts in uniform was in a convenience store at the same time that an individual came in to rob it. The robber told the Police Explorer, who was in uniform, not to move. He did so. The robber left the store, got the money and left going east on Lucas, and the young man called the Police--told the store to call the Police and give the description. He pursued the suspect in his private vehicle, using his cellular phone to give his location and further information on the robbery suspect. The officers responded to the area, and they set up a perimeter and with the help of this Police Explorer Scout were able to apprehend this armed robber. I 'd like to take this opportunity to recognize one of our Police Explorers, Donald Jackson. (Applause by audience) A job well done by all. Thank you. Mayor Lord: Indeed! Certainly on behalf of Council, I would like to express to each of you our real pride in what you've done and our pleasure in the fact that you're starting out in life the way all of you young people are. It means a lot. We know that most of our young people in Beaumont are fine, young people, and it's nice to see them get a bit of attention instead of the fellows who're doing what they shouldn't be doing. And, I must add a personal note here on the last presentation, of course, I think a lot of you know I spent a lot of my life dedicated to Scouting, and I 'm particularly pleased. But, also, I 'd like to introduce to those of you who may not know it, the dad sitting beside him, of course, is our friend Mayor Charles Bilal of the City of Kountze, and we're delighted to have you with us and particularly on such a nice occasion, Charles. -000- Mayor Lord: Now, our next presentation also concerns young people, and I believe that Rosa Thomas is in attendance and Shelly Moore is going to have something to say to us about these young people. . . -125- June 8, 1993 Shelly Moore: Good afternoon, Mayor Lord and members of the Council. On behalf of the 2,500 employees of Mobil Oil Corporation and Mobil Chemical Company here in the City of Beaumont, I am pleased to present twenty (20) students from Central and West Brook High Schools who are working for you this summer as part of the 1993 Mo-Beau Summer Youth Employment Program, and I 'd like to ask the Mo-Beau Team and their supervisors to stand, in case you can't tell who they are. (All wore tee-shirts with the Mo-Beau logo) You'll find your new employees at work in your libraries, in the City Manager's office and in the departments of Building Maintenance, Employee Relations, Engineering, Environmental Health, Parks and Recreation and Planning. And, in addition, some volunteers from Mobile will be serving as mentors to the Mo-Beau Team, supporting them as they learn new work skills and gain exposure to career opportunities, provide valuable services to the City of Beaumont, and last, but not least, as they earn some money. For all these reasons, Mobil Foundation is pleased to fully sponsor the Mo-Beau Program once again, and I am pleased to present you with the Foundation's check. Mayor Lord: We really appreciate the fine corporate citizen that Mobil is, and I 've already seen some of them in action, and you've got a good crew there. Shelly Moore: Well, as usual, we're not through with you because just like the Mo-Beau Team, each of you provides a valuable service to the City. Therefore, Mobil hereby declares you an honorary 1993 Mo-Beau Employee, and at this time, your Mo-Beau co-workers would like to present with our 1993 Mo- Beau tee-shirt. -000- Citizen comment was invited on the Consent and Main Agendas. Mr. Hoke Peacock, 110 East Caldwood, addressed Council on Agenda Item No. 3 designating Axley and Rode, Certified Public Accountants, as auditors for the City of Beaumont for FY 1993. Mr. Peacock said he is representing the firm of Pollans and Cohen and their co-bidders, the Smith and Robertson firm and the Arthur Andersen firm. Mr. Peacock said he feels Council should seriously consider selecting the firm of Pollans and Cohen and their co-bidders as auditors. He reviewed the ESM loss, and said consideration should be given to the amount of malpractice insurance coverage of the auditor, experience and ability to man the engagement, and with less than 1% difference in ratings, local firms should be given consideration because a large part of the money earned by them would remain in Beaumont and said the Request for Proposal defined local minority businesses as those located in Jefferson, Orange -126- June 8, 1993 or Hardin Counties and questioned Axley and Rode's MBE participation. Mr. Victor Rogers, 2025 Thomas Road, addressed Council to complain about contracting auditing services from a company outside the city and said that the level of liability insurance is an immense issue. Mr. Tom Harken, 4935 Bellechase, addressed Council to complain that Council is sending a wrong message and signal to citizens by not adhering to a recent campaign advocating everyone to "Buy Beaumont" by securing auditing services from outside Beaumont. Mr. Roberto Flores, 2425 Buchanan, president of LULAC Council 4410, addressed Council to complain about amending the Affirmative Action Plan. Mr. Flores spoke of pending litigation against using the three tier hiring plan, concern about minorities and women not being able to compete for jobs on an even playing field, meeting Affirmative Action goals without a plan in effect, read requests from LULAC and the Golden Triangle Chapter of the National Organization for Women asking continuance of the existing Affirmative Action hiring policy by the Police and Fire Departments unless it is shown that this policy is not legal under the U. S. Constitution, and if proven illegal, that it be replaced by a legal Affirmative Action Policy to enable greater numbers of qualified women and minorities to be hired in those City departments. He questioned legal ruling of the three tier hiring policy and the City's response to pending litigation. Mr. Jude Peredez, 920 Wisteria, addressed Council in support of previous speakers regarding Agenda Item No. 3, said it would be proper to table the item until Axle and Rode showed ability to handle major claims, said the three-prong hiring plan should be changed if it is not working or illegal, but in his opinion, it is legal and achieving the goal of increasing minority employment by the City and should be retained. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held June 1, 1993; Resolution No. 93-135 accepting Street and Storm Sewer Improvements: Gross Street from existing pavement on East end to approximately 450 feet in a westerly direction including an asphalt transition and Water and Sanitary Sewer Improvements: Lots 24, 24A, 25, 25A, Block 32 and Lots 3, 3A, 4, 5, 5A, 6, 6A, Block 35 in the Gulf Terrace Addition contingent upon filing of the complete and final plat and installation of street lights; and Resolution No. 93-136 authorizing purchase of nine Motorola MT2000 portable radios from the Houston-Galveston Area Council (H-GAC) in the -127- June 8, 1993 amount of $11,567. 12 for use by the Police Department as part of the Auto Theft Protection Task Force. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- The first reading of an ordinance granting a solid waste collection and transportation service franchise to American Sani-Can Company, Inc. of Nederland, Texas, for a monthly franchise fee equivalent to 7% of their gross revenues generated from collections within the corporate limits and with an expiration date of July 27, 1996 coinciding with the other five existing agreements was held: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO AMERICAN SANI-CAN COMPANY, INC. TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATION OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. An ordinance granting a solid waste collection and transportation service franchise to American Sani-Can Company, Inc. was passed to its second reading on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 93-137 authorizing a contract with FBI Construction in the amount of $133,439.58 for drainage improvements at Tyrrell Park was approved on a motion made by Councilman Alter and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- - resolution designating the firm of Axley and Rode, LLP, Certified Public Accountants as independent auditors for the City of Beaumont for the fiscal year 1993 and authorizing a contract with them to provide professional auditing services for fiscal year 1993 was considered. -128- June 8, 1993 Mr. Riley explained that six responses were received from twenty-five Requests for Proposals and were reviewed by the Audit Committee and ranked on a system based on the qualifications, experience, size and reliability of the firm. Of the six, two coming through the ranking system were virtually the same score, Arthur Andersen, Pollans and Cohen, Smith, Robertson and Associates scored 91 and Axley and Rode scored 92. In reviewing qualifications and experience, he said both firms are qualified to do the work. The total estimated cost from Arthur Andersen, a Dallas firm, is $104,000. 00 and $90, 000. 00 from Axley & Rode from Lufkin. Axley & Rode have agreed to contract with a local minority firm to meet Council requirements. Councilman Cokinos said he would like to state up front that he favors offering the bid to an auditing firm that can give the City a $25 million dollar professional liability coverage guarantee and to a firm that offers local representation and compliance with our MBE policy. He said he wants to place the bid with a company that pays taxes to the community and offers jobs in Beaumont and said he is also concerned with sending a message that we're not "buying Beaumont. " Councilman Alter questioned Axley & Rode not having an MBE company named in their bid and said he is troubled that one bidder has named their MBE participant and the other has only promised to do so. He said Arthur Andersen is ranked No. 1 by Fortune 1, 000, agrees with using local firms, commended the local firm for complying with all requirements, said this is one time Council can step forward on an issue based on the location and qualifications of the firm and not on dollars only and questioned the amount of malpractice liability of Axley & Rode. Councilman Davis confirmed the name of the firm of Smith, Robertson & Associates as the MBE for Arthur Andersen. Mayor Pro Tem Goodson commented that because of his practice, he has been privileged to work with and know each of the six bidding firms and each is qualified, and the issue becomes that we have more than one firm that can perform the audit. He said that since Arthur Andersen is not a local firm, some part of the dollars will leave the community if they are awarded the contract just as with Axley & Rode. He expressed concern about not having malpractice coverage information of either firm, said that Council is committed to adherence of the MBE policy, said he is concerned about the message sent to the community, but is most concerned that we get the best service and protection for the City while keeping as many dollars here as possible. He said he would feel most comfortable speaking with representatives from both firms to reach a comfort level of understanding of the work to be performed and method of staffing. In view of these unanswered questions, Mayor Pro Tem Goodson said he would like to personally speak with representative from both companies before making a decision. Councilman Moore said he also has concerns about malpractice insurance, -129- June 8, 1993 said he is bothered by the conversation that Council should "Buy Beaumont" without consideration for the money spent. He said Council is not "spending our dollars; we're spending the taxpayers' dollars, " and that Council has always tried to make sure they were getting the most for the dollars spent. Councilman Moore said he could not vote on this issue until Axley & Rode has designated an MBE firm. He said he wants the citizens of Beaumont to know that Council is sensitive to "Buying Beaumont, " but not at an additional cost to them without justification, and that he wants to spend their money wisely. He said he also wants answers to the amount of malpractice insurance coverage and MBE designation. Mayor Lord reviewed. the bidding process and the formula used for giving preference to local bidders when possible. Sensing Council 's desire to delay voting on this issue, Mayor Lord asked postponement of this item and restated Council 's desire to have information provided on the extent of malpractice insurance of Axley & Rode and their MBE contractor. Councilman Alter questioned Axley & Rode's experience in dealing with municipality budgets as large as Beaumont's. Mr. Riley explained that they have vast experience in other governmental operations, but Beaumont would be the largest city in their scope of service. Mayor Pro Tem Goodson requested that Mr. Pollans have a representative from Arthur Andersen present when this item is again placed on the agenda as well as a representative from Axley & Rode. Mr. Riley suggested this item be place on a Workshop Session before placing on a Regular City Council Session agenda. A motion to delay action on a resolution designating Axley and Rode, Certified Public Accountants, as Auditors for FY 1993 and authorizing a contract for professional audit services was approved on a motion made by Councilman Alter and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 93-138 authorizing intervention in a pending lawsuit styled Texas Municipal League Group Benefits Risk Pool vs Hartford Life and Accident Insurance Company with all costs and fees, as the result of an audit agreement, to be paid by Tri Stem, Inc. and any recovery shared on a 50/50 ratio between the City of Beaumont and Tri Stem, Inc. was considered. At the request of Mr. Riley, City Attorney Lane Nichols explained the reason for the intervention in the lawsuit. Mr. Nichols said that in 1990 and 1991, the City of Beaumont hired Tri Stem to audit the handling of health insurance claims by the Hartford Life and Accident Insurance Company, and that at the end of their audit had concerns about individual stop losses, aggregate stop losses under the contract, -130- June 8, 1993 handling of claims in a timely fashion, and double administrative fees to Hartford and Greentree as a result of untimely handling of claims. He said it became a complex issue. They were unable to obtain specific information from Hartford and unable to retain assistance at the state or federal level from those regulating insurance companies. A decision was made not to pursue litigation at that time. However, the Texas Municipal League has filed a lawsuit against Hartford raising some of the same issues troubling Tri Stem in 1990 and 1991 and Tri Stem is now willing to move forward with TML as an advocate. He said their lawyers are willing to determine if Beaumont's interests can be protected as an intervenor in this lawsuit and have requested this resolution be passed. Mayor Pro Tem Goodson questioned the equity of a 50-50 split with Tri Stem now since some of their litigation expenses will be lessened at this time because of TML's involvement and the benefit of outside legal assistance. Mr. Nichols explained that the contract is firm and there would have to be a unilateral thought on Tri Stem's part for a change, but said he feels a split is equitable, even with other intervenors paying some of the costs, because Tri Stem forfeited payment for previous audit hours spent on the Hartford claim. Resolution No. 93-138 was approved on a motion made by Councilman Alter and seconded by Mayor Pro Tem Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 93-139 adopting an amended Affirmative Action Plan designed to provide continuing affirmative action in recruitment, retention and promotion of employees among minority groups, women, the disabled and veterans by deletion of the paragraph at the top of page 8 under Protective Services category that reads, "The attainment of the goals established by the City of Beaumont for minorities and females shall be accomplished by an innovative three-prong system which will assure equal accessibility to employment for all individuals desiring careers as police officers and firefighters. . .This system shall remain in effect until the following goal established by the City for minorities and females are met. " shall be replaced with "Creative, aggressive recruiting strategies must be developed and implemented if the City is to achieve the established goals for the Police Department. The City Manager is continuously charged with the responsibility for ensuring that affirmative steps are being taken during the recruitment and promotional processes which allow minorities and women to receive equal opportunity for employment and upward mobility. " was considered. Mr. Riley said that "all of the goals, all of the percentages, all of the parts of the Affirmative Action Program which have been adopted by Council are being reaffirmed by this resolution" and recognizes that in four other categories we have already attained those goals and percentages. A procedure is being removed and allowing the same types -131- June 8, 1993 of recruitment and selection to apply to the Protective Services as applied to other employee goals and reaffirming the position to give equal opportunity and balance within the City's workforce. City Attorney Lane Nichols added in answer to Mr. Flores' question regarding the change being necessitated by law or as result of a lawsuit, that the change is being requested by Management and the Legal office as a result of a change .in the law. He said that Congress passed the 1991 Civil Rights Act basically in an attempt to right what they saw as some wrongs in some Supreme Court decisions that had encumbered Affirmative Action in this Country, and in that law they included language that made it absolutely unlawful under that Act to use race at all as a basis for hiring decisions. He said the three-prong list on the program was a use of race in that category to make hiring decisions and there has been a concern, since passage of that legislation, that it would not be upheld, if litigated, and not in the best interest of the City of Beaumont to be the defendant in such litigation. He said since significant progress has been made and Management is desirous of working toward alternate procedures that might be just as effective and lawful, the suggestion is made that this program and process has served its useful purpose, but now might be unlawful under the Civil Rights Act. Therefore, this resolution has been prepared for consideration. Councilman Davis questioned formulation of a system to replace the three- prong list. Mr. Riley explained that an alternate system has not been developed, but application would be on the same basis used for hiring practices for other employee groups. He said that in addition to some type of testing and ranking, an additional selection procedure may be supplied as in other civilian groups. Councilman Cokinos referenced a lawsuit in Tyler, Texas declaring the three-prong system unlawful. Councilman Moore emphasized that Council, represented by four minorities, has a strong level of sensitivity to continue hiring minorities, and that he even feels stronger about hiring Beaumont people. He said he does not want to lose any ground gained and congratulated those departments reflecting progress with the objectives of the City. He said he would like to see the City reflect the demographics of its population, hopes that Council will remain committed to an Affirmative Action Plan, and that positive recruitment is a key factor of an effective plan. Mayor Pro Tem Goodson agreed that recruitment is the answer, and since we are leaving one system for another, asked that Council be kept aware of hiring decisions as they are made. Councilman Moore said it helps to have input from various groups of the city to obtain an overall feel of what policy should be. -132- June 8, 1993 Resolution No. 93-139 was approved on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Goodson reminded everyone that a public meeting will be held Thursday at 7: 00 p.m. at the Civic Center regarding the proposed merger of Gulf States Utilities and Entergy Corporation with members of the Public Utilities Commission present. Councilman Smith announced that "Sunday in the Park" will be hosted on June 13th by TCI and said she will not be able to attend because she will be in Maine with the Human Development Committee, but encouraged attendance for an entertaining afternoon for the children. Councilman Davis reported that the four young men receiving certificates and recognized for their bravery in aiding a young girl about to be sexually attacked were all residents in Ward III. Councilman Moore congratulated those presenting a very positive Economic Awareness Seminar at West Brook 9th Grade Campus and reported that the Alex Durley Committee sponsored an excellent Football Camp with over 250 children participating. He said there were many sports celebrities that shared with the children, and they experienced a double bonus with Linebacker Derrick Thomas as a speaker. Councilman Cokinos commented that Jerry Ball not only participated in the Coach Alex Durley NFL Football Camp, but generously donated $35, 000 to pay off the indebtedness of the church he attended in Beaumont. Mayor Lord added that kudos are in order for Councilman Moore and the South Park Neighborhood Association for the programs they have inspired, such as the "Yard of the Month, " said the Foster Grandparents also had a great event Saturday, that celebrating Ben Rogers' birthday with the "I Have A Dream" program was very inspiring, and the Lamar rally was very enthusiastically received. -000- Mr. Henry Dannenbaum, 1567 Wall Street, addressed Council to add congratulations to Explorer Scout Donald Jackson for aiding the Police Department in the apprehension of convenience store robber. Mr. Jude Peredez, 920 Wisteria, addressed Council to comment that he thinks more emphasis should be placed on hiring people who live in and pay taxes to Beaumont. Mr. Roberto Flores, 2425 Buchanan, addressed Council again to emphasize his concern about the Affirmative Action efforts. -133- June 8, 1993 Mr. William McCullough (owner of duplexes on Irby Street) , addressed Council to see if a report has been received from Lt. Smith in the Police Patrol Division regarding block party rules, or if any action or decisions have been made. Mayor Lord said she has not received a report yet and thinks the study is still in process. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop Session. -000- I, Barbara Liming, Deputy 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 8, 1993 . Barbara Liming Deputy City Clerk -134- June 8, 1993