HomeMy WebLinkAboutMIN OCT 07 1997 M I N U T E S _ CITY OF BEAU FONT
Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem
Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos
John K. Davis OCTOBER 7, 1997 Bobbie J. Patterson
Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on October 7, 1997, at
the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the
following:
OPENING
*Invocation Pledge of Allegiance Roll Call
*Presentations and Recognition
*Public Comment: Persons may speak on scheduled agenda items
*Consent Agenda
Mayor Moore called the meeting to order at 1:34 p.m. Father William Manger, Saint Anne's
Catholic Church, gave the invocation. Mayor Pro Tem Ames led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson. Also present were Ray A. Riley, City Manager; Lane
Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk.
*Presentations and Recognition
Two Proclamations were issued: "Mental Illness Awareness Week," October 5-11, 1997, and
specifically, "National Depression Screening Day," Thursday, October 9, 1997; and "Fire
Prevention Week," October 5-11, 1997.
*Public Comment: Citizens were invited to comment on the Consent and Main Agenda. No one
wished to comment on these subjects.
CONSENT AGENDA
The following consent agenda items were considered:
* Approval of the minutes of the regular meeting held September 30, 1997;
* Confirmation of committee appointments - Resolution No. 97-225
A) Authorize the execution of a License to Encroach Agreement (on a fifteen foot utility
easement on property at 6255 Daisy Drive at request of owner, Bruce A. Craig, for one-time
fee of $500) - Resolution No. 97-226
B) Authorize Change Order No. 1 relating to roof replacement at the Beaumont Water
Production Plant(in the amount of$15,600 to contract with G & G Enterprises for additional
roof repairs) - Resolution No. 97-227
C) Authorize the purchase of chairs for use at the Harvest Club (in the amount of$30,132 from
Sysco Food Service for 500 stacking chairs and eight chair trucks) - Resolution No. 97-228
D) Authorize the payment of an invoice for emergency repairs to a tractor used at the Landfill
(to Mustang Tractor and Equipment in the amount of$18,089.98) - Resolution No. 97-229
Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem
Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers
Goodson, Smith, Cokinos, Davis, and Patterson
Noes: None
GENERAL BUSINESS
1. Consider an ordinance repealing Section 29-78 of the Code of Ordinances
Councilmember Smith moved to adopt Ordinance No. 97-51 entitled AN ORDINANCE
AMENDING CHAPTER 29 BY REPEALING SECTION 29-78 TO REMOVE THE REQUIREMENT FOR A
HEARING TO DETERMINE THE PUBLIC CONVENIENCE AND NECESSITY OF THE ISSUANCE OF A
PERMIT TO A WRECKER COMPANY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL.
Mayor Pro Tem Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
2. Consider approving contracts related to the HOME Grant Program
Councilmember Smith moved to approve Resolution No. 97-230 approving a contract with
Innovative Housing Development Corporation in the amount of$87,241 from 1994 HOME
Grant funds and Resolution No. 97-231 authorizing a contract with the Southeast Texas
Community Development Corporation, Inc. In the amount of $285,000 form 1997 HOME
Grant funds for construction and funding of home owner's assistance for the first 10 new
Minutes;10/07/97;Page 2
homes in the Martin Luther King Addition. Councilmember Davis seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers
Smith, Goodson, Cokinos, Davis, and Patterson
Noes: None
3. Consider designating City services eligible as HOME match requirements
Councilmember Smith moved to approve Resolution No. 97-232 approving and designating
value of fees waived in the amount of $72,644.69 as a matching contribution to the HOME
Grant program (Water/Sewer--$19,106.62; Streets/Drainage--$32110.97; Building Codes--
$20,300.00; and Solid Waste--$1,127.20). Councilmember Davis seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
4. Consider authorizing revisions to the Owner Occupied Minor Rehab Program
Councilmember Smith moved to approve Resolution No. 97-233 with updated guidelines
(elderly/disabled; located in low/mod census tracts; oldest application first; and $10,000
maximum program amount). Councilmember Davis seconded the motion. MOTION
PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
5. Consider authorizing the reallocation of funds in the Rental Rehab Program
Mayor Pro Tem Ames moved to approve Resolution No. 97-234 reallocating $100,000 for
continuation of a rental rehabilitation program and the remainder reallocated to the revised
Owner Occupied Rehab Program. Councilmember Smith seconded the motion. MOTION
PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
Minutes;10/07)97;Page 3
6. Consider approving the purchase of a specialized truck for use in the Transportation
Division
Councilmember Goodson moved to approve Resolution No. 97-235 authorizing purchase
of a 50 foot hydraulic digger derrick truck from Olympic Truck Sales in the amount of
$126,889.54. Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
7. Consider authorizing a payment to International Business Machine Corporation for the
renewal of an annual computer maintenance agreement
Councilmember Cokinos questioned the successfulness of laptop computers in the Police
Department and relayed that he has received negative reports regarding their usefulness
and acceptance by police officers. Mayor Moore stated that he heard of input problems in
the past, but thinks they are getting accustomed to the change, that this has been a matter
of transition and the level of successful use of laptops has turned the corner.
Councilmember Smith moved to approve Resolution No. 97-236 authorizing renewal of an
annual maintenance agreement for the mainframe computers and peripheral equipment
located in City Hall and the Police Department in the amount of $77,581.51.
Councilmember Goodson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Davis, and Patterson
Noes: Councilmember Cokinos
8. Consider making a nomination to the Jefferson County Appraisal District Board of Directors
Councilmember Cokinos moved to approve Resolution No. 97-237 nominating C. L.
Sherman to the Board of Directors of the Jefferson County Appraisal District.
Councilmember Davis seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith,
Goodson, Cokinos, Davis, and Patterson
Noes: None
Minutes;10/07/97;Page 4
COMMENTS
* Councilmembers comment on various matters:
Councilmember Smith remarked that in her opinion state laws regulating local preference
and the bidding procedure were passed for good reason and said we should continue to
adhere to them.
Councilmember Goodson thanked Mobil Oil for bringing in the tanker, AMERICAN
PROGRESS, and commended the Convention and Visitors Bureau for hosting luncheons
the past two days promoting convention and tourism in Beaumont.
Councilmember Davis acknowledged receipt of a report from Carolyn Chaney, our
Washington Assistant, that presented a positive view on Block Grant funds and the HOME
program and expressed anticipation of Beaumont receiving some of the monies.
Councilmember Davis said he had a good time at the Cops and Kids picnic, commented
about bicycle distribution and said the picnic was a very refreshing event and commended
the Police Department. He also commended the Charlton Pollard Neighborhood
Association and President Ronald Goodman for their picnic and day of activity,
complimented Entergy, Mobil Oil and the Port of Beaumont for their participation in the
renewal of Charlton Pollard and emphasized the importance of future corporate involvement
in the community. He announced that a cleanup project will begin soon in the north end of
Beaumont, said his future emphasis will be on community appearance, expressed
appreciation to Council for consideration of housing, infrastructure construction of the Pruitt
Activity Center and the Willard Library in Ward III and said personal responsibility of
cleaning up neighborhoods will become a primary focus. Councilmember Davis commented
about potential lawsuits in local preference bidding, factors of the lowest and most
responsible bids and a desire to conduct transactions with local businesses to encourage
growth in Beaumont.
(Councilmember Davis left the Chambers after Councilmember Patterson's announcement
of the Community Meeting.)
Councilmember Patterson announced a Ward IV Phase Two Community Meeting to be held
October 14, 7:00 p.m., at Our Mother of Mercy Catholic Church, thanked Council, City Staff,
DD6, the Constable and Deputy Constable, Beaumont Police Department, representatives
from Commissioners Court, consultants for the South Park and Tyrrell Park Drainage
projects and those that attended the first meeting. Councilmember Patterson requested a
meeting with Public Works Director Tom Warner and a light study for Tyrrell Park with
consideration of possible redistribution of lights on poorly lighted streets, said she enjoyed
the Cops and Kids picnic and commended the Police and Sheriff's Departments for their
sponsorship and said over 2,000 tee-shirts were given out by 11:00 a.m.
Minutes; 10!07!97;Page 5
Mayor Moore also complimented individuals, sponsors, the many law enforcement agencies
and parents who helped make the Cops and Kids picnic a success, said about 200 bicycles
and many helmets were given away and it was a wonderful day. He recounted that the idea
for the picnic was spurred by a visit to Reno and told of a recent conversation with the
mayor of Reno regarding our regional success, thanked Congressman Nick Lampson for
being a good sport at a roast to raise funds for the Muscular Dystrophy Association, spoke
of the events at Dunbar School, and complimented Principal Iris Williams, sponsors and all
involved. Mayor Moore commented that Mobil's AMERICAN PROGRESS is one of the first
vessels constructed in the United States and will be used to transport fuel to Tampa, Florida
from the Beaumont refinery, said it will assure jobs for the area and is positive for our
community. He questioned the status of on-going leak repairs at the Pruitt Activity Center,
thanked Mr. William Lee of Entergy for his attendance at the Tyrrell Park Neighborhood
Association meeting, and said the spirit of the meeting was very good for that community.
* Public Comment (Persons are limited to 3 minutes)
Mr. Robert Preston, 1190 Iowa, addressed Council to complain of the failure and refusal to
require reasonable performance from the Police Department in accepting offense reports
and serving the public and claimed that a citizen was intimidated and not allowed to process
a complaint with police personnel at the September meeting of the Tyrrell Park
Neighborhood Association meeting.
Mrs. Marie Hubbard, 1990 Nora, again addressed Council claiming seizure of property to
build houses and said she has a video tape of an interview with the tax assessor-collector
substantiating her claim. Mrs. Hubbard asked for Council involvement and said there has
been confusion regarding the amount owed on father-in-law's property, spoke of a San
Antonio based law firm not caring about Jefferson County people and again vowed to be a
"drum major for justice."
Mr. Richard Schlesinger, 2035 Toledo, addressed Council to state that he received a letter
from Attorney General Dan Morales with the opinion that the City of Beaumont must release
information requested by Mr. Schlesinger regarding his claim of wrongful termination. Mr.
Schlesinger quoted portions of the letter referring to Section 552.303 and Open Records
No. 195 (1978).
Mayor Moore asked Mr. Riley to contact Human Resources Director Glenda Lundy
regarding this complaint.
Mayor Moore further commented that clarification is often given to thoroughly explain
Council action or business activities for those viewing the meeting on television, said it is
terrible when people distort facts for their own personal benefit and create confusion within
the community and said that he tries to work to the bottom of each issue presented and give
opportunity for due process to help build our community. He reiterated that the Tyrrell Park
Minutes;10/07/97;Page 6
Neighborhood Association held an excellent meeting, one that gave opportunity to many to
speak and said no one was denied due process. In visiting the community, Mayor Moore
said residents spoke of progress and neighbors working together, which indicates positive
action that is being sought. He said that all matters should not be turned into police issues,
complimented Tyrrell Park for uniting and said as a community, we must all stay focused on
issues and keep our personal concerns private.
(Councilmember Davis returned to the Chambers at 2:45 p.m. near the conclusion of Mayor
Moore's comments.)
EXECUTIVE SESSION
* Executive Session in accordance with Section 551.071 of the Government Code to
discuss contemplated or pending litigation:
Janell Johnson et al v. City of Beaumont
Contract proposals for Police and Fire Unions
*Executive Session in accordance with Section 551.074 of the Government Code to
consider the evaluation of appointed officials: specifically the Chief Magistrate and
Magistrates - This portion of Executive Session canceled.
There being no further business, the meeting adjourned at 2:46 p.m. to reconvene in executive
session.
Mayor David W. Moore
Patrice Fogarty, Ci Jerk
Minutes;10107197;Page 7