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HomeMy WebLinkAboutMIN JANUARY 9 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 9, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 9th day of January, 1996, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At-Large Andrew P. Cokinos Councilman-At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by Father John Raphael, associate pastor at Our Mother of Mercy Catholic Church. The Pledge of Allegiance was led by Councilman Goodson. -000- Mayor Moore extended wishes for a happy new year to everyone, thanked Mayor Pro Tem Ames for conducting the Council meeting last week in his absence and announced that an executive session will be held in accordance with Section 551.074 of the Government Code to discuss the appointment of a public officer, specifically: City Clerk. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items. Mr. Tony Sacker, 4635 Elmherst, addressed Council in opposition to Agenda Item 3 contracting 10 January 9, 1996 with BISD to provide two (2) pilot Extended Day Programs and asked that Council table the item for at least two weeks to allow research of legality of such action. Ms. Irene Lopez, 1125 Norwood, addressed Council in support of Agenda Item 3 and passage of the Extended Day Programs, said the idea grew from several community meetings, said this is a collaborative effort with the City, BISD and citizens and that not all monies for the program are coming from the City. Ms. Dollie Johnson, representing Gulf States Utilities/Entergy Corporation, addressed Council regarding street lighting in the work session, pointed out that her company works closely with City Staff to insure a smooth, efficient program. Also, she volunteered further explanation, if needed, for Agenda Item No. 2 regarding intervention in the GSU/Entergy Fuel Surcharge Case to insure all information has been provided by them for Council. Ms. Johnson said GSU made the fuel reconciliation case on December 7 because they had agreed to make a filing during 1995 as part of the last settlement discussion and reported that they had a $22.4 million higher cost than anticipated for 1994 and the first six (6) months in 1995. She said they are not requesting that surcharge. She said the company is not seeking higher rates to make up the difference because they expect lower natural gas prices will possibly offset the under-recovery and because River Bend's operating performance has been excellent during 1995. Ms. Jeannie Baxter, 8925 Gerald, addressed Council regarding contracting with BISD for the Extended Day Programs, said she has presented a letter to the Mayor and Council and requested they vote against the appropriation of$50,000 for the program for the reasons stated in her letter. Mr. Roberto Flores, 2425 Buchanan, addressed Council in support of a favorable vote for Agenda Item 3 because the entire city has a concern for children and commended the Triangle Interfaith organization because it has a true concern for all citizens all over the city. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council meeting held January 2, 1996; Resolution No. 96-7 appointing Milt Prewitt for a term expiring January 8, 1998 and reappointing Helen Allen for a term expiring January 4, 1997 to the Martin Luther King, Jr. Parkway Commission; and reappointing Frank Messina to the Convention and Tourism Advisory Committee for a term expiring October 18, 1997; Resolution No. 96-8 authorizing acquisition of Parcel 27: 0.586 of an acre out of the C. Williams Survey for the appraised value of$4,805.00 from Emmanuel Baptist Church of Jesus Christ, Inc., a Texas Non-Profit Religious Corporation, for improvements to FM 364/Major Drive from Highway 11 January 9, 1996 105 to State Highway 124; Resolution No. 96-9 authorizing settlement of the lawsuit of Rebecca Conley, et vir. V. Parigi Investments„ Inc. et al in the amount of$35,500.00; and Resolution No. 96-10 authorizing a contract with Cardinal Fence Company in the amount of $17,049.00 for repairs to the chain link fence at the Athletic Complex. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Resolution No. 96-11 authorizing publication of notice of intention to issue $16,000,000 in Certificates of Obligation scheduled for January 30, 1996 with delivery and receipt of proceeds by the City on February 22, 1996 was approved on a motion made by Councilman Goodson and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- After a brief discussion relative to streamlining costs, collaborative work with GSU/Entergy and an explanation by the City Attorney regarding participation and insuring efficient handling of the case to protect the ratepayers from unnecessary expenses and affirmation of a new level of communication between cities, industrial groups, OPUC and GSU/Entergy, Resolution No. 96-12 authorizing the City of Beaumont to join other participating cities to review GSU's fuel filing and to intervene at the Public Utility Commission, subject to the right to act independently in the exercise of local regulatory authority was approved on a motion made by Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 96-13 authorizing a contract with Beaumont Independent School District in the amount of$50,000, for two pilot Extended Day Programs at French and Blanchette Elementary Schools was considered. Councilman Smith said she is not opposed to an after school program, but the Beaumont Independent School District should finance its own programs, said she is concerned with the report that State Comptroller John Sharp's filed regarding criticism of BISD's poor handling of finances 12 January 9, 1996 and said she thinks Triangle Interfaith should be responsible for obtaining some of the necessary funding. In addition, Council discussed the fact that other programs such as the Police Activities League receive funding from the City, legal aspects that have been addressed by amending the budget, commitment only to a pilot program for one-time funding, an opportunity help at-risk children who are most vulnerable between 3:00 p.m. to 6:p.m., this being a community based program and Mayor Moore's emphasis that Triangle Interfaith's commitment is to provide volunteers, have parental involvement and placement of details to make the program successful once started. He said this is no different than funding an athletic program with the Parks and Recreation Department and thinks programs putting taxpayers money into children is a good investment. Resolution No. 96-13 was approved on a motion made by Councilman Davis and seconded by Councilman Patterson. Question: Ayes: Mayor Moore Nayes: Councilman Smith Mayor Pro Tem Ames Councilman Cokinos Councilman Goodson Councilman Davis Councilman Patterson -000- Resolution No. 96-14 authorizing a cooperative agreement with Jefferson County and the State of Texas to provide extension of water and sewer lines for expansion at the Mark Stiles Unit (a new 600 bed high security facility) that will provide about 250 temporary and 285 permanent jobs to the area with the City charging a rate of $1.59 per thousand gallons for water, $1.44 per thousand gallons for sewer, accept solid waste generated at the new facility with a fee of$18 per ton for disposal, was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Patterson thanked the Texas Department of Transportation for constructing the turnaround at Washington Boulevard and Interstate 10, commented about the ribbon cutting ceremonies held this morning, invited everyone to attend the Martin Luther King, Jr. Parkway Commission's Walk-A-Thon on January 15 beginning at 9:30 a.m. at the Babe Zaharias Park to Lamar University, and announced an Operation One Vote meeting to be held at 7:00 p.m., January 10, at the L. L. Melton YMCA. Councilman Davis directed the complaint of Mr. Evan Bowers, 2210 Ives, 833-7225, regarding 13 January 9, 1996 drainage problems to the City Manager, mentioned that he had a second discussion this past week with the City Manager and Police Chief regarding relationship within the African American community, current problems and the Citizen Review Board. He said he left the hour and one-half meeting with a clear understanding of 1: in Beaumont, Texas, there has to be a concern of the entire community when one part of the community voices an opinion," and from that "should be judged on its merits on what the position of people should be. He said that Number 2: a lot of what is being dealt with is historical problems as well as current existing problems, and perhaps 75% of them could be termed historic. As a Councilmember, Councilman Davis said he can address current problems, and that on every current issue he was asked to discuss with the Police Chief, he has done so. He said that as a community we should make a very valiant effort to come together"and to solve, if we don't want to call it what it is--a racial problem." He said he thinks we are not calling all that is happening with the Citizen Review Board issue exactly what it is, and said "it is people taking racial views and not looking at all which is being pointed out by the Police Department and by the folks that favor the Citizen Review Board." Councilman Davis said if we do not get beyond the Black/White issue of the problems and concerns of our city, we will not make any progress. He reiterated that he cannot address the ills that happened twenty years ago, but he conducts as many meetings and talks to as many citizens as possible to address present problems in which he can intervene and said he is convinced that the ultimate responsibility lies with Council and urged Council to look at this issue that is tearing the community and come to a position. Mayor Pro Tem Ames said she agrees with Councilman Davis that the issue needs to be addressed and said she is open to a meeting. Mayor Pro Tem Ames joined Councilman Patterson's congratulations to the Texas Department of Transportation upon completion of the turnaround at Washington Boulevard and IH-10, said the ribbon cutting was great and that passers by were blowing their automobile horns in appreciation of the event, said she is appreciative of this assistance with the tremendous traffic congestion at that location. She reported that last Friday at the John Gray Library, the Convention and Visitors Advisory Board conducted a workshop to define their role in promoting economic development with tourism. She said they developed twelve objectives and held small committee meetings to brainstorm solutions and said it was a very positive meeting. She acknowledged the work of the Advisory Board volunteers, Rocky Chase, chairman, Jef Russell, director of CVB and thanked Lamar University and Carol Cottle for hosting the meeting. Councilman Smith said she agreed with Councilman Davis that the Citizens Review Board issue is racial, said she is not sure how to approach a solution, but a lot of complaints heard each time are totally unrelated to the Police, but problems that have not been addressed. She said we need "to move forward, we cannot change the past, but we need to work to come together for a better future." Councilman Smith said she is ready to go to work with Councilman Davis. Councilman Davis interjected his appreciation, said people have to be honest with themselves and address the problem and believes "this is a perfect opportunity to seize the day and try to move 14 January 9, 1996 forward in uniting our city" and said he thinks this Council has the talent to do so. Mayor Moore said this is definitely a separating issue and the resolution is "right here in this audience...and this Council." He reported that he has been gathering information from other cities about successful solutions and has met with several mayors regarding their past history and said we must move forward. Mayor Moore said this Council understands the concerns of the community, tries to be the traffic light that directs--stops incorrect activity and gives passage to things that are good for the community and action will be takenwith this issue and hopes in the finality, the city will be in one accord. Also, Mayor Moore said that our actions as adults today will affect the tomorrows in the future of our children. -000- Ms. Roma Roberts, 2063 Cable, addressed Council as a member of Triangle Interfaith in appreciation for passage of the contract with BISD for the Extended Day Programs and said that with this kind of prevention, maybe we can stop building prisons. Mr. Allen Lee, 5095 Maddox, told Council he was glad to see cameras in the meeting (first televised City Council meeting for airing on TCI Channel 4) and complimented those involved in this implementation. Mr. Lee said he comes as a peace maker today, said the Citizens Review Board is not intended to be created to divide, but to address a problem, said since there has been no response from Ward IV representation, he would challenge the news media to ask for a response, told Council he has legal support from Houston, a civil rights law firm contacted him and will work pro bono, asked that a town meeting be held, named the churches he claims that announced his petition drive, proposed a Civilian Review Board with police officers as participants, disagreed that the City Manager should be in charge of appointing Department Heads, complained there is only one African American police officer above the rank of sergeant. Ms. Thelma Fielder, addressed Council to express appreciation for their comments and those of Mr. Lee, acknowledged her belief in God, prayer, and the Bible and said she sees nothing wrong with a Review Board and agreed that a police officer could be on the board. Mr. Forrest F. (Ted) Posey, 3695 Edmonds, addressed Council again in support of keeping streets and ditches clean and encouraged participation in the "Adopt-A-Street" program. Mr. Roberto Flores, 2425 Buchanan, addressed Council to state that a Citizens Review Board has become a divisive issue, used an illustration of balance contrasting a Citizens Review Board as a barrier to reconciliation, and said a town meeting would result in mostly those favoring the Citizens Review Board. Mr. Tony Jones, 3715 East Lucas, addressed Council to express his view relative to Early Voting in the May election at other locations such as Parkdale Mall, said he understands Mrs. Smith's 15 January 9, 1996 concerns about people voting more than once and security of the ballot boxes and proposed Early Voting in the Mall with the boxes secured in the Police Sub-Station there. Mr. Jones said he has acquired a petition form for week-end voting that says it is for the main Early Voting location, but told Council they could change that to the Mall or somewhere else. Mr. Jones suggested using computers to input voter participation each day to the main location after voting ends, said computers could be leased and contract with a temporary agency to input each evening. Mr. Eldon Stewart, 3255 Minglewood, addressed Council in opposition to a Citizens Review Board, said those in leadership can deal with problems that arise with correct disciplinary action, that a Review Board would open up a can of worms, asked Council to look at this issue carefully, and said "Councilman Davis has a point--get together, talk about it, if there's a problem, solve it, but keep it right here with this Council." Mr. Louis Williams, owner of L. M. Williams and Sons Funeral Home and Williams' EMS, addressed Council to express his view that in the interest of saving lives, that the 911 system should be used to dispatch the nearest unit to the emergency, and explained that personnel of EMS and private firms is interchangeable. -000- In response to Mr. Allen Lee's comments about a public statement regarding a Citizen's Review Board, Councilman Patterson thanked Mr. Lee for the positive and milder manner in which he came to Council today and said that she thinks "God gave us two ears, one mouth, and we should use it accordingly." She said she listens to be sure of facts when she speaks. Councilman Patterson asked Mr. Lee what role he thinks the Citizen Review Board should play--a decision-making or advisory board. Mr. Lee told Councilman Patterson that in taking time to listen, sometimes it is interpreted as not caring and was again asked by Councilman Patterson to answer his question. Mr. Lee would like the Review Board to have the last say, but to his understanding, it would be an advisory board reporting back to the Legal Department, advising the Police Chief regarding appropriate action, but said he would like it to be an independent board. Councilman Patterson confirmed that Mr. Lee understands the board would operate only in an advisory capacity. Before leaving the podium, Mr. Lee said he was misquoted by the media in saying that if Councilman Patterson did not vote for a Civilian Review Board, she could not live in the south part of town. Mr. Lee said his statement was that if she did not vote for the Review Board, she will not be reelected from Ward IV and asked for Councilman Patterson's position on the Review Board. Councilman Patterson informed Mr. Lee that she does not have all facts, with the present facts she understands the board would operate in an advisory capacity and is investigating the liability that 16 January 9, 1996 might exist for appointees to the Board and will not make a statement until all information has been provided. -000- There being no further business, the regular session of City Council recessed before convening in workshop session. 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 January 9, 1996. Barbara Liming Deputy City Clerk 17 January 9, 1996