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HomeMy WebLinkAboutMIN DEC 30 1975 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD DECEMBER 30 , 1975 BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 30th day of December, 1975, with the following present: HONORABLE: Ken Ritter Mayor Don Cash Councilman, Ward I Vi McGinnis Councilwoman, Ward II Calvin Williams Councilman, Ward III Leroy Evans Councilman, Ward IV Howard McDaniel Acting City Manager Kenneth Wall City Attorney -000- The Invocation was given by the Reverend Frank J. Kemendo, First Church of the Nazarene. The Pledge of Allegiance was led by Councilman Evans. -000- The minutes of the regular session of the City Council held December 9 and December 16 , 1975, were approved on a motion made by Councilman Evans and se- conded by Councilwoman McGinnis . Question: Ayes : All Nayes : None -000- Resolution 75-454 authorizing the award of a contract to J.C.N. Pavers, Inc. , in the amount of $419 ,291. 85, extending the property owner prepayment period to January 20, 1,976 and setting the date for the benefit hearing for the pro- ject on February 10, 1976 was approved on a motion made by Councilman Cash and seconded by Councilman Evans. Question: Ayes: All Nayes: None -000- Resolution 75-455 authorizing the acceptance of water, sanitary sewer, storm sewers and pavement improvements in Dowlen West Addition, Unit XII (Saratoga Circle and Hialeah Drive) was approved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 75-456 authorizing the acceptance of water, sanitary sewer, storm sewers and pavement improvements in Caldwood Forest, Blocks 10, 11, 12, and 13 (Briggs Street, Rosine Street, Ducote Street and Sunbury Drive) was ap- proved on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 75-457 authorizing reimbursement of $5 ,402 . 85 to Union Texas Petrol- eum Company for adjustment of two existing oil lines, Florida Street CIP Pro- ject 11-ST-08 , was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 75-458 authorizing disbursement of $10,150 . 00 to the Beaumont Bicen- tennial Commission in accordance with the 1975-76 budget as approved was ap- proved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -208- December 30 , 1975 Resolution 75-459 authorizing the American National Bank to release $475 ,000. and $525, 000. in securities, to pledge $400, 000. in securities, and to substi- tute $700, 000. in U. S. Treasury Notes presently held in free control at the Texas Commerce Bank of Houston, Texas, was approved on a motion made by Coun- cilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Ordinance 75-74 authorizing transfer of funds in the amount of $13 ,562 from Other Charges (79-420 - Contingency) to Fleet Maintenance Fund (98-503) was considered: ORDINANCE NO. 75-74 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT ADOPTED SEPTEMBER 23 , 1975, FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1975, BY TRANSFERRING $13 ,562 . 00 FROM OT- HER CHARGES ACCOUNT NO. 79-420-CONTINGENCY TO FLEET MAINTENANCE FUND ACCOUNT NO. 98- 503 . The ordinance was adopted on a motion made by Councilman Evans and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -000- Resolution 75-460 authorizing emergency permission to replace one (1) panel of glass (44" x 284") in the Library was approved on a motion made by Councilman Cash and seconded by Councilman Williams. Question: Ayes: All Nayes : None -000- Resolution 75-461 authorizing the additional expenditure of $733 .49 (total cost of repairs $2,233. 49 - previously authorized estimate of $1 ,500. 00) to Utility Equipment Company International, Inc. to repair Traffic & Transportation Bucket Truck #30-0324 was approved on a motion made by Councilwoman McGinnis and se- conded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 75-462 authorizing the payment of appraisal fees in the amount of $1,150. 00 to Hall & Hall for preparation and testimony in trial in the case of City of Beaumont vs. J. E. O'Fiel (property located behind the old Police Sta- tion) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 75-463 authorizing the City Manager to execute a renewal of the ex- isting lease, for five years, between the City of Beaumont and Bullington Olds- mobile, Inc. , for property adjacent to the Parks & Recreation Office at 1870 Louisiana and Interstate service road at $225. 00 per month was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Evans. Question: Ayes : All Nayes: None -000- Resolution 75-464 authorizing payment of moving expenses in the amount of $2, 260. 70 for Wayne W. Lalor, Civic Center Director, was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes: None -209- December 30, 1975 Ordinances establishing Industrial Districts were considered: ORDINANCE NO. 75-75 ENTITLED AN ORDINANCE DESIGNATING A PART OF THE AREA LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BEAUMONT, AS AN INDUSTRIAL DISTRICT AS AUTHORIZED BY THE MUNICIPAL ANNEXATION ACT; PROVIDING THE PURPOSE OF SUCH DISTRICT; AND PROVIDING THAT SUCH DISTRICT SHALL BE KNOWN AS THE "CITY OF BEAUMONT INDUSTRIAL DISTRICT" . The ordinance (concerning Mobil Oil Corporation) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Cash. Question: Ayes : Mayor Ritter Abstained: Councilman Evans Councilman Cash Councilwoman McGinnis Councilman Williams ORDINANCE NO. 75-76 ENTITLED AN ORDINANCE DESIGNATING A PART OF THE AREA LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BEAUMONT, AS AN INDUSTRIAL DISTRICT AS AUTHORIZED BY THE MUNICIPAL ANNEXATION ACT; PROVIDING THE PUR- POSE OF SUCH DISTRICT; AND PROVIDING THAT SUCH DISTRICT SHALL BE KNOWN AS THE "CITY OF BEAUMONT INDUSTRIAL DISTRICT NO. 511 . The ordinance (concerning E. I. duPont de Nemours) was approved on a motion made by Councilman Cash and seconded by Councilwoman McGinnis. Question: Ayes: All Nayes : None -000- Resolution 75-465 authorizing the City Manager to execute industrial district agreements for seven years beginning January 1, 1976 and ending December 31, 1982 (agreements to be with Bethlehem Steel Corporation; Goodyear Tire & Rubber Company; E. I. DuPont de Nemours & Company; Houston Chemical Corporation, a division of PPG Industries; Mobil Oil Corporation; Gulf States Utilities Company; Texasgulf, Inc. ; and Swift Chemicals, a division of Esmark, Inc. with payments not less than $21, 600,000 for the seven years. ) was approved on a motion made by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes : Mayor Ritter Abstained: Councilman Evans Councilman Cash Councilwoman McGinnis Councilman Williams -000- After a lengthy discussion, Resolution 75-466 authorizing the City Manager to negotiate a construction management contract with Bella Company for the con- struction of the Civic Center Complex was approved on a motion made by Council- man Williams and seconded by Councilman Cash. Question: Ayes : All Nayes : None -000- Resolution 75-467 authorizing the release of weed liens against W. F. Bryan ($5. 00) and First Mortgage Advisory Corporation ($85. 00) was approved on a motion made- by Councilwoman McGinnis and seconded by Councilman Williams. Question: Ayes: All Nayes : None -210- December 30, 1975 The second reading of ordinance renewing the franchise for Track No. 90 of the Atchison, Topeka & Santa Fe Railway Company which crosses near the intersection of Blanchette and Neches Streets was considered: AN ORDINANCE AN ORDINANCE GRANTING TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT AND PRIVILEGE TO MAINTAIN AND OPERATE AN INDUSTRY SPUR TRACK NO. 90 ACROSS BLANCHETTE STREET AND NECHES STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, IN ACCORD WITH EXHIBIT ATTACHED HERETO; PROVIDING THAT SAID TRACK SHALL BE USED ONLY FOR THE PURPOSE OF LOADING, UNLOADING AND SWITCHING TO INDUSTRIAL TRACK SERVING COMMERCIAL ENTERPRISE; PROVIDING REGULATIONS AND RESTRICTIONS FOR THE USE OF SAID TRACK; PRO- VIDING THAT SUCH MAINTENANCE AND OPERATION BE IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY AND THAT CERTAIN MAINTENANCE WORK SHALL BE DONE AT THE DIRECTION OF THE CITY ENGINEER; PROVIDING FOR THE ACCEPTANCE AND FEE HEREUNDER; PRO- VIDING THAT THIS FRANCHISE IS SUBJECT TO THE CHARTER AND OR- DINANCES OF THE CITY OF BEAUMONT AND PROVIDING FOR TERMINATION FOR FAILURE TO USE THE TRACK FRANCHISED HEREUNDER; PROVIDING FOR TERMINATION OF THIS FRANCHISE ON JANUARY 1, 1977 AND THE RESTORATION OF SAID STREETS WITHIN NINETY (90) DAYS THEREAFTER; AND PROVIDING FOR INDEMNIFICATION OF THE CITY OF BEAUMONT. The ordinance was passed to its third reading on a motion made by Councilman Evans and seconded by Councilman Cash. Question: Ayes : All Nayes: None -000- City Manager reminded Council the Workshop Session would be held beginning at 1: 30 p.m. rather than 3 : 00 p.m. today. -000- Mr. Larry Hayes, 3950 Garden, again addressed Council to request information concerning his rejection for failure to pass the police polygraph examination for entrance to the Police Department. After much discussion concerning the information being made public, the findings were read to Mr. Hayes. -000- There being no further business, the meeting was adjourned. -000- I, Rosemarie Chiappetta, Deputy City Clerk of the City of Beaumont, Texas, cer- tify that the above is a true copy of the minutes of the regular City Council session held December 30, 1975 . Rosemarie Chiappetta Deputy City Clerk -211- December 30, 1975 EXCERPT FROM REGULAR SESSION OF CITY COUNCIL HELD DECEMBER 30, 1975 Mayor Ritter: Any citizen who would like to address the Council this morning, we would be happy to hear from you at this time, only ask that you give your name and address for the purposes of our record. Larry Hayes: My name is Larry Hayes, 3950 Garden Street. I am here concerning the Police Department' s hiring practices again. Recently, I was here and I stated that . . . the fact of what I was put through down taking a test over there and two weeks ago the City Manager issued a statement . . . what the detectives told him, I imagine. He said I was told which I wasn't. That was the cause I came up here in the first place. I wasn't told anything about not passing the ex- amination -- the polygraph. He told me to report back the next morning to the Administration Offices where I would be processed I assumed. When I came back then, he told me I had failed. Now, this wasn' t even discussed when they con- tacted me about it Wednesday, a week or so later; but, the statement was is- sued. The statement was so vague, it could have applied to the 'cow jumping over the moon. ' They didn' t say anything at all . They just completely side- stepped the issue, whatever. Councilman Williams : Are you saying that it has not been explained to your satisfaction why you failed the polygraph test. Mr. Hayes: No . . . not at all. The statement that they gave could apply to anyone in this room -- or a dog walking down the street, it could apply . . . Councilwoman McGinnis : You were not told personally why you . . . failed. Mr. Hayes: Someone called me on the phone and told me something that was so vague you could apply it to anything in the City. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 2 Councilman Cash: Manager, I would like to suggest that perhaps you and Calvin meet with this gentleman to resolve this issue. City Manager: Well, we can respond to him presently, if you would like. First of all, as part of the process, the Administrative Officer in the Police Department who is charged with the overall responsibility for this particular program is the one who determines . . . not determines, but who discusses with potential applicants the process and, at any point in time, when they drop out of the screening procedure. Now, it was my information that during the polygraph test that there were certain items that were revealed that were contrary to what we felt would be in keeping with police work and a . . . . . . Councilman Williams: Howard, at that point, have you spelled these out to him in confidential- ity or in confidence rather or whatever . . . City Manager: No, I have not. Councilman Williams: Has anyone? Mr. Hayes: No. Councilman Williams: Okay, this seems to be the point. Give him whatever that is that is un- acceptable, and that' s it . . . if that' s the procedure . . . City Manager: Well, perhaps it is a matter of misunderstanding, but when you . . . when you indicate to a person that there are several items that . . . Councilman Williams: But the items were explained? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 3 City Manager: According to the information I have, Mr. Hayes, when some discrepancies occurred in your polygraph and you were later questioned on them, you indi- cated that . . . Mr. Hayes: Sir, may I ask you something? City Manager: Yes . . . Mr. Hayes : What did you have for breakfast this morning? City Manager: I don' t see that that is relevant . . . Mr. Hayes: What did you have for breakfast this morning? City Manager: The items, the items that you were asked did not relate to any of the test questions that were given you. There were some questions asked concerning some activities or life style or whatever that you were engaged in and there were some discrepancies in the answers you gave and, when this was pointed out, you indicated this was the case . . . I beg your pardon . . . Mr. Hayes: Do you know what you had for breakfast this morning? City Manager: Didn't have it . . . Mr. Hayes: Do you know what you had for dinner yesterday? City Manager: This . . . this is irrelevant to the point you are trying to make. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 4 Mr. Hayes: This is something . . . you may have something once . . . how many times have you had it in the past two or three years -- do you know? City Manager: What is the point you are trying to make? Mr. Hayes: Can you tell what you have had in the past two or three years? City Manager: We can tell you exactly why you failed the polygraph. Councilman Williams: Howard, that is the point of the whole thing. Why don't you just get with him or someone get with him and tell him . . . City Manager to Chief Bauer: Do . . . do you . . . do you have the information, Chief? Chief Bauer: Yes, sure do. Unknown: Would you like for our Chief to respond? Mayor Ritter: . . . on two . . . on two occasions now . . . Councilman Williams : I think it is up to the individual. He is asking and I would think you would give him the same latitude you ordinarily give . . . City Manager to Mr. Hayes : Would you like for us to respond to you? Mr. Hayes : I 'd like it . . . I'd like . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 5 a Councilman Cash: Manager, I again think this should be revealed in confidence, with you and perhaps Calvin . . . Mayor Ritter: The man has come up twice in a public meeting and asked and . . . Councilwoman McGinnis: But, that is because he hasn't been told . . . Councilman Cash: Well, then . . . Councilman Williams: I think first it should be explained in confidence with him. If he wants it described or explained publicly, then that is his pleasure. He can do it again next week; that' s what we 're here for. City Manager: What we are saying is that it has been explained to him privately, Coun- cilman . . . Councilman Williams: If it' s to his satisfaction and if it has been explained, fine, but if not, then let ' s get on with it . . . Mr. Hayes: Nothing has been explained to me whatsoever. I was told nothing. Of course, I expected them to do anything to cover up their tracks. I expect that much. They're not idiots, I know that. I was told nothing but it is my word against the Police Department ' s. I don't expect to win, I just want to know. There is no way in the world I know that I couldn't -- you know -- get hired. City Manager: Whatever the Council desires . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 6 Mayor Ritter: Well, if you have given it to him in private, and that 's . . . and he still comes and asking publicly, then I think you ought to go ahead and give it to him publicly. Is that . . . is that . . . would that satisfy you? Mr. Hayes: Right. City Manager: All right. Chief, do you have the details on that? Chief Bauer: I would like to point out first now that we have provided your office with all of this information in part to be passed on to the Council. I would like to point out again that he has been told why he failed the polygraph test. I would like to be sure that he is asking for this to be made publicly be- cause this violates our trust to the people of the city. He has a right to know publicly. City Manager: I think he just indicated that he did want to know. Chief Bauer: The results of the polygraph examination and interview of Larry Hayes substantiates homosexual tendencies, the use and sale of narcotics, theft from his employer . . . Mr. Hayes: Excuse me . . . Chief Bauer: . . . and criminal association. He has asked for it and that' s it. Mr. Hayes : Completely untrue. Unknown: Here we go again . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 7 Chief Bauer: I hope the Police Department is not put in the position again of making public the safeguards of the American pub. . . - the people of Beaumont, but our obligation is to the people of Beaumont and we ultimately try to do the best we can to serve them which I understand is this Council's philosophy, too. Mr. Hayes: How did they come by that information? Chief Bauer: I am not going to answer any questions. Mr. Hayes: I would like to know how they got that information. Of course, they would put anything in there that they would want to put in there. City Manager: Let me say that we have . . . have run all these tests in these screening procedures in the most objective manner available to us and we have about 20. . . 18 to 20 people who are available to go into the Academy . . . this next Academy and we have Blacks and we have a woman who has completed the screening process and all we have done is try to get the best possible applicants regardless of sex, color, or anything else. Councilman Williams: I don' t think that' s the point, Howard. These things that were mentioned, were these things spelled out to the gentleman? Mr. Hayes: No, they were not. City Manager: I am told that it was pointed out to him on his polygraph that he had . . . Councilman Williams: Were they spelled out to him in the manner that the Chief read? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 8 City Manager: Well, I don't know that they were Chief Bauer: Yes. Mr. Hayes: No, they were not spelled out in that manner. They weren't spelled out to me at all, as a matter of fact. Councilman Williams: This is the whole point, Manager. Were those things spelled out as it was spelled out just then. City Manager: I am told that they were, Councilman. Councilman Williams: And you were satisfied that they were done? You talked with the gentle- man and read those to him . . . City Manager: No, I did not . . . Councilman Williams: . . . face to face? City Manager: No . . . . . . my office contacted him and told him what our position on the . . . on the polygraph was . . . Councilman Williams : I understand that, but if he asked for the specifics as they were spelled out here, did you read the specifics to him at the time? City Manager: No. Councilwoman McGinnis: Did anybody? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 9 City Manager: The Police Department, I am told, did. Councilwoman McGinnis: Not by looking at his face. Councilman Williams: But, did you read them? City Manager: No. Councilman Williams: You didn' t feel it necessary? City Manager: No. Mr. Hayes : No one said anything of these statements that they just made . . . they must have pulled them up from somewhere. Councilwoman McGinnis: Do you think he' s lying? Kenneth Wall to City Manager: You ought to find out if they taped that interview. Mr. Hayes : As far as whether I 'm qualified -- I feel that I am probably one of the best qualified applicants in the City. Mayor Ritter: Anyone else? City Manager to Chief Bauer: Was the interview taped? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD DECEMBER 30, 1975 -- Page 10 Chief Bauer: I don't know . . . I don' t think so. Mayor Ritter: Chief Bauer, you might want to mention that you issued a press release or your department has concerning C.B. radios . . . (END OF EXCERPT. )