HomeMy WebLinkAboutMIN MAY 14 1996 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD MAY 14, 1996 - 1 :30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session
this the 14th day of May, 1996, with the following present:
HONORABLE: David W. Moore Mayor
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
Absent: Becky Ames Mayor Pro Tern
Councilman-At-Large
Ray A. Riley City Manager
Lane Nichols City Attorney
Barbara Liming Deputy City Clerk
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The Invocation was given by the Reverend Webster West, University Church of the Living God.
The Pledge of Allegiance was led by Police Chief Tom Scofield.
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Mayor Moore announced that Mayor Pro Tem Ames is out of town receiving training for her new
job.
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Eight Proclamations were issued: "National Police Week," May 13-18, 1996; a Proclamation
recognizing students Mustafa Abdul-Jabbar, Jonathan Engle, Alyssa Hansen, and Bethany
Brown, coached by Mrs. Mary Ann Cohen, from Marshall Middle School who won the State
Championship in the Intermediate Division in the Problem Solving Program; "Salvation Army
Week," May 12-18, 1996 (95th Anniversary); "National Preservation Week," May 12-18, 1996;
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"Try Transit Week," May 13-17, 1996; "National Safe Boating Week," May 18-24, 1996; "Nursing
Home Week," May 13-17, 1996; and a Proclamation commending Trice "Ty" Taylor for
outstanding perseverance in overcoming his disability and graduating from Lamar University in less
than four years.
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Mayor Moore announced that an executive session will be conducted following the regular
session of City Council in accordance with Section 551.074 of the Government Code to consider
the appointment or employment of a public officer or employee: specifically the City Clerk.
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Certificates of Award from the Texas Safety Association for achievement in vehicular safety and
accident reduction of 10% or greater were presented to: City of Beaumont Water Distribution,
Water Reclamation, Water Sewer, Water Production, and Waste Water Divisions, City of
Beaumont Building Codes Inspectors, two awards to the City of Beaumont Streets and Drainage
Division, City of Beaumont Planning Division, City of Beaumont Animal Control, City of Beaumont
EMS, City of Beaumont Clean Community Department, City of Beaumont Police Department, and
the City of Beaumont Library.
Mayor Moore complimented the improved efficiency and level of productivity that is associated with
receipt of these awards and congratulated the departments for the accomplishment.
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Citizen comment was invited on the Consent and Main Agendas. No one wished to address
these subjects.
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The following Consent Agenda items were considered:
Approval of the Minutes of the City Council meeting held May 7, 1996;
Resolution No. 96-119 appointing Paula Dunham to the Community Development Advisory
Committee and Robert Dunham to the Keep Beaumont Beautiful Commission for terms
expiring May 13, 1998; and reappointing Bill Lytle to the Senior Citizens Advisory Committee
for a term expiring May 3, 1998;
Resolution No. 96-120 accepting $70.00 from the Beaumont Independent School District as
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full and final payment for weed liens against property described as Lot 10, Block 7, Ogden
Addition (to be used for expansion of Fletcher Elementary School campus);
Resolution No. 96-121 authorizing acquisition of Parcel 46: 0.268 of an acre out of Lot 27, Block
1, Wescalder Fig Acres Addition from George E. Ellis, Jr., James 0. Ellis, and Margaret Ellis Bryan
for the appraised value of $4,700.00 for improvements to FM 364 1Major Drive from Highway 10
5 to State Highway 124;
Resolution No. 96-122 authorizing settlement of the claim of Della Howard in the amount of
$5,093.27; and
Resolution No. 96-123 authorizing purchase of one (1) set of compactor wheels from the Caron
Compactor Company in the amount of $43,525.00 for replacement for one of the City's landfill
compactors.
The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded
by Councilman Patterson.
Question: Ayes: All Nayes: None
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In introducing Agenda Item No. 1, the City Manager told Council that the Charter provides that
Council will annually select one of its members to serve as Mayor Pro Tem for a one-year period
to performs the duties of the Mayor in his absence or inability to perform the duties of the office or
if a vacancy occurs to become Mayor for the unexpired term.
Councilman Davis stated the importance of this position, shared his esteem for Councilman
Patterson who when approached as a candidate for the position of Mayor Pro Tem readily
explained that she has limited time and declined the nomination. Councilman Davis said this
reflects character of one who is willing to step aside for the betterment of the citizens.
On a motion made by Councilman Davis and seconded by Councilman Patterson, Councilman
Andrew P. Cokinos was elected to serve as Mayor Pro Tem.
Question: Ayes: All Nayes: None
Mayor Pro Tem Cokinos thanked the Mayor and Council for the honor of serving as Mayor Pro Tem
for the City of Beaumont and said he will continue to strive toward making Beaumont a great city.
Councilman Goodson commented that the number of years of service on Council is varied with
he being somewhere in mid-range and said that during his tenure he has been pleased to make
friends with his colleagues and would be pleased for any member of Council to serve as the Mayor
Pro Tem and is confident in each of their abilities to perform the duties.
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Mayor Moore complimented and thanked each Councilmember for the level of service and special
strength they bring to the citizens.
Councilman Patterson thanked Council for consideration as a candidate for the position of Mayor
Pro Tem and explained that she has several projects in Ward IV to finish and has a new position
outside the city that takes a lot of travel time.
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(Councilman Davis left the Council Chambers at 2:32 p.m. during the introduction of Agenda Item
No. 2 and was not present for the vote.)
Resolution No. 96-124 authorizing purchase of a 100 ton air condensing unit and one (1) air
handling unit from Delta Air Conditioning in the amount of$97,946.00 for the Beaumont Civic
Center Complex was approved on a motion made by Councilman Goodson and seconded by
Councilman Smith.
Question: Ayes: All Nayes: None
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(Councilman Davis returned at 2:34 p.m. during the presentation of Agenda Items 3 and 4 and was
present for both votes.)
Mr. Riley told Council that the next two items are concerning Entergy Corporation regarding a
retroactive date for reduction of electrical dates and a resolution filing the rate case and asked City
Attorney Lane Nichols to explain the details.
Mr. Nichols said that in an attempt to be productive, he would combine the presentation for both
items. He said that "on April 23rd, the Council enacted a resolution examining the current rates
of GSU, and one of the reasons that the Council felt it necessary to do that was to establish a time
against which rates might be retroactive." He added that the City "continued to negotiate in good
faith and GSU/Entergy has continued to negotiate with the cities in good faith on that and have
made a proposal to establish a June 1 retroactive date, and in return, they would merely file the
rate case that was proposed in the merger document that was executed prior to the merger of
Entergy and GSU, which would be in November. We...recommend that we accept that. It's, I think,
a very equitable compromise between a full-blown rate case instituted by all the cities and just
waiting a few months to take up the rate case that was already scheduled, and the June 1 date,
we think, is fair...In order to do that, we propose two resolutions. The first one merely accepts the
offer of Entergy of the June 1 date. The second one, then, provides--there won't be an interim
hearing today which was originally scheduled on rates--and provides that Entergy will file it's rate
case in a November time frame that was already proposed in the merger document."
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Resolution No. 96-125 accepting the proposal from Entergy Corporation to establish a June 1,
1996 retroactive date for any reduction in electrical rates was approved on a motion made by
Councilman Goodson and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
Resolution No. 96-126 amending Resolution No. 96-103 to remove the requirement for a
hearing on interim rates and authorize Entergy Corporation to file it's rate case in November of
1996 was approved on a motion made by Councilman Goodson and seconded by Councilman
Smith.
Question: Ayes: All Nayes: None
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Mayor Moore publicly thanked Mr. Cleveland Nisby and members of his coalition for an excellent
memorial breakfast service in honor of former Secretary of Commerce Ron Brown.
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Mayor Pro Tem Cokinos again thanked Council for selecting him to serve as Mayor Pro Tem.
Councilman Smith said the ceremony conducted last night by Carolyn Howard for the preservation
awards was a lovely presentation and commented that one of the honorees, Mr. Tom Henson, has
renovated about seven (7) houses over the past eight (8) years and is truly remarkable, said Mr.
Henson did not have much previous experience in carpentry, but saw the potential of the former
Methodist Church parsonage on Broadway and did a beautiful job with that renovation as his first
project. She said the second award went to the Old Town Neighborhood Association, said it was
heartwarming to realize that one individual committed time and effort into revitalizing that
neighborhood and building a community and then inspired others to join him. She said the
residents of Old Town have inspired others to buy in the neighborhood and renovate the homes,
said she appreciates all the people and their accomplishments.
Mayor Moore added that the statement that claims preservation or revitalization begins one unit
at a time is true and congratulated Mr. Henson for his vision.
Councilman Davis said Councilman Smith is being too modest in her commendation of Old Town
revitalization and said her leadership in Ward I has contributed a great deal and that Old Town
residents are extremely happy with her leadership and help in solving some of their problems.
Councilman Davis cautioned Mayor Pro Tem Cokinos to be careful and not allow his time to be
scheduled for 14-hour days as does Mayor Moore! Also, Councilman Davis expressed concern
about the drainage problem of Mrs. Ruby Briggs on East Simmons and asked Staff to strike a
compromise. He requested that the City redirect the drainage from flowing intoMrs. Briggs yard
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back to the alley by digging a ditch. Mayor Moore asked the Public Works Director to meet with
him after Council regarding the same problem with Mrs. Briggs.
Councilman Patterson announced that Neighbors in the Park will be held at Central Park on May
20th from 2:00 -4:00 p.m.; congratulated Schlesingers' Geriatric Center on the celebration of their
50th anniversary; congratulated the Beaumont Police Department in celebration of National Police
Week; congratulated all the DARE students from Fehl, Blanchette, Fletcher and Ogden Schools
upon their graduation; thanked the Beaumont Municipal Transit System for a wonderful lunch and
the beautiful pin they gave her and announced that the L. L. Melton YMCA will kickoff their
membership drive on May 18 with an open house and garage sale, food and said the pool will be
open for children. Councilman Patterson said that when plans for street rehabilitation and Capital
Improvements begins, she would like to speak with the City Manager and Public Works Director
about items to put on the street rehab list. She identified Inez Street, Broussard Street for both
drainage and street repair. For Capital Improvements, she requested that 11 th Street be moved
from Category 3 to Category 1 and be concreted with curbs and gutters. She mentioned Virginia
Street near Odom Academy is heavily traveled by children and needs a sidewalk on the north side,
asked Staff to speak with DD6 regarding Usan Ditch No. 13's removal as a hazard and asked the
City Manager to visit with her regarding last week's request for information of cities comparable in
size to Beaumont dealing with park activities, problems and congestion.
Councilman Smith added that the street repair program needs to be considered at a Workshop for
the public and for Council to fully understand how the program was developed, the criteria and
method used for determining which streets will be repaired first.
Mayor Moore said that during the month of June Council will address the budget and discuss and
review the Capital Improvement process so that everyone understands the procedure. Mayor
Moore said this past weekend was busy, beginning with a challenging Saturday at the China Berry
Parade in China, opening Kaleidoscope with Mayor Pro Tem Cokinos, then greeting the community
heroes that will be the Torch Bearers for the Olympic Run in our community on the 22nd, attending
the memorial breakfast for former Secretary of Commerce Ron Brown, the family reunion of
Councilman Patterson, then serving as a storyteller in the afternoon and attending a ribbon cutting
ceremony in Ward IV. He said that on Sunday afternoon he visited with many young adults at
Tyrrell Park.
Before opening the microphone for citizen comments, Mayor Moore informed citizens of a Citizen
Inquiry form that has been used at Neighborhood Meetings for the past three years and will be
initiated at Council. It will be a written inquiry with a 30-day response and will allow Council to
contact citizens on a one-to-one basis.
Mr. Thomas Lewis, 3715 South 11th Street, congratulated the Mayor and At-Large
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Councilmembers upon their reelection to Council, thanked Councilman Patterson for speaking up
for Ward IV residents, and complained about his business on South 11 th not being automatically
zoned commercial with others around his business already having that designation, spoke about
fines for operation of the business on a residential lot, and complained about receiving a citation
from the Clean Community Division for cutting down an oak tree. Council explained the zoning
process to Mr. Lewis, suggested he speak with the Planning Division and Councilman Patterson
asked Mr. Lewis to meet with her after the Council meeting.
Mr. Cleveland Nisby, 4520 Corley, thanked Mayor Moore for attending the memorial breakfast on
Saturday, told Councilmembers Davis and Patterson he was sorry they were unable to attend, and
requested Council support of automatic bank draft of water bills as a service for senior citizens,
said he was told by Mr. Cline that 23rd Street from College to Washington was too late for the `95
budget, but might be considered in `96 or`97, stated that the street is heavily used by 18-wheelers
and is also used for hauling mobile and portable building and creates a safety problem for children
in the neighborhood. Councilman Patterson apologized for not being able to attend the memorial
breakfast because of her family reunion, said she would like membership in his coalition, and
volunteered for Mr. Nisby to contact her with his concerns.
Mr. Chris Durio, 5360 Phelps Road, informed Council that he researched the use of Tyrrell Park
and discovered that 12,175 people used the Tyrrell Park Community Center and 15,591 people
used the Shelter last year. Mr. Durio expressed his opinion that Council might reconsider complete
banning of alcohol at the park and initiate a small deposit requirement for use of the buildings to
insure responsibility for cleanup and said that the Convention and Tourism Department reported
that family and class reunions are responsible for 13% of the total revenue received from tourism
last year. Councilman Davis told Mr. Durio he appreciated some of his ideas and questioned his
receptivity to serving on the Parks and Recreation Advisory Board and told him that citizen
participation toward solutions is needed.
Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to add to Councilman Smith's
comments about Old Town that Tom Henson has already rehabilitated six homes in Beaumont in
about four different neighborhoods and has purchased two more on a destruction list to
rehabilitate, commented that neighborhood associations have been part of the inspiration for
rejuvenation of dying communities, said the Federation of Neighborhood Associations commends
the Police Department, especially the Community Oriented Policing program and said they have
met with 30-40 of the associations. Mr. DeMary said they would also like to recognize Officer
Hulsey for his extreme sacrifice and the officers who are on patrol everyday and place themselves
in harm's way and reminded citizens that on May 22nd the Olympic Torch will pass through
Beaumont and they will provide opportunity to participate in an historic event showing Beaumont
to be a fun place to be.
Mr. Tony Jones congratulated the Mayor and Councilmembers upon their reelection, spoke of his
desire for more usage of the transit system, evening transit service, shuttle service to special
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events held Downtown or at Fair Park, spoke of a portion of the sales tax in some cities dedicated
to operation of the Transit System, said he would like to see ridership increase because of
increased gasoline prices that are expected to reach $2.15 to $2.25 per gallon by the turn of the
century and commented about ridership in large cities and other countries.
Mr. Allen Lee, 5095 Maddox, addressed Council to complain that accusations were made about
him after he left Council last week, said the lawsuit he filed against the City is still on-going and
began to make accusations against Mayor Moore who asked that remarks be confined to pertinent
Council business and said that personal insults will not be tolerated. Mr. Lee continued to make
loud accusatory comments over the Mayor's attempts to give instruction on proper conduct and
subjects to discuss. Mr. Lee's comments included his opinions on personalities, the recent
election, reason for Council action taken regarding Tyrrell Park, contributions to campaigns for
particular Council candidates, a boxing match challenge, wading pools and police officers.
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Councilman Davis expressed to the City Manager that we have gone through an election process
and now may be the time to analyze how personal attacks, not pertaining to business, may be
addressed. He suggested that Council consider the situation, said everyone has a right to discuss
viable issues, but the camera present in the meetings is doing no good.
Mayor Moore concluded that as usual, Mr. Lee has left the meeting after expressing his negative
comments and assured those present that this Council works for everybody. He confirmed that
insults will not be tolerated and said the business of the City of Beaumont is Council's concern.
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There being no further business, the meeting was recessed to reconvene in executive session.
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1, 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 May 14, 1996.
Barbara Liming
Deputy City Clerk
170 May 14, 1996