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HomeMy WebLinkAboutMIN OCT 13 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 13 , 1987 - 1 : 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 13th day of October, 1987, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by the Reverend Wayne Middleton of the Trinity United Methodist Church. The Pledge of Allegiance was led by Councilman Brumley. -000- Mayor Meyers read a note he received from Chief Shelton: "I 'm pleased to report that the United Way Public Service Group of which I am Cha bran has reached its goal for 1988. I think this speaks well , for all of our public employees in Beaumont and shows their commitment to the city. Contributing significantly to this effort, S. A. Webb who served as the City' s Chairman reported that the City of Beaumont employees exceed their goal for 1988. The City accounts for about one fourth of the total public services group. So, good participation is critical to a successful campaign. I know that a positive public comment from you to our employees would be appreciated and reinforce their trust and faith in the United Way and their hope for a bright future for our community. As always I remain optimistic about the city and its people. Knowing your strong beliefs in this matter, I knew you would appreciate this report. " And, I know I speak for Council when I mention the fact that we are particularly proud that the employees of our City have once again exceeded the goal and choose to continue to be participants in this worthwhile effort, and I thought that worthy of sharing with you at this time. -000- -354- October 13 , 1987 Mayor Meyers called for an Executive Session at the close of the Regular Session of City Council since Work Session has been cancelled, pursuant to Section IIe of the Texas Open Meetings Act, to discuss pending ESM related litigation. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held October 6, 1987; Resolution 87-212 authorizing Parkdale Bank of Beaumont to release $200, 000. 00 in securities which mature October 13 , 1987, and authorize Parkdale Bank of Beaumont to pledge $200 , 000.00 in securities as substitution for securities which mature on this date; and, Resolution 87-213 accepting the work performed under the contract with Fullright-Walker Builders, Inc. for the severance, demolition and removal of a residence at 8425 Braeburn and authorizing final payment in the amount of $1,018 .50. The Consent Agenda was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None Mayor Meyers invited citizens to speak on Agenda Items A through D. No citizens wished to address Council on these items. Mr. Jerry White inquired if a proposal initiating a fee for disposal of tires was to be considered. Mr. Haines responded that the Workshop Session for today is cancelled that would have addressed that subject and is to be rescheduled in two weeks. -000- Resolution 87-214 amending a labor agreement with Local 399 of the International Association of Firefighters ($60-a-month pay increase, life insurance coverage from $20,000 to $22,500, residency option clause, continuation of Assistant Fire Chief by Fire Chief, transfer $37,000 dental escrow account to the union, dental plan increasing City monthly contribution from $15. 50 for employees and dependents to $14.90 for employees and $32 . 90 for dependents, and allow union president, in lieu of steward, to work on specific union issues while on duty) was considered. City Manager Albert E. Haines asked for personal privilege to recognize that "both Mr. Patterson and Mr. Sparks, as well as his board members, and the members of the management team deserve a note of appreciation, and I would like to recognize them at this point for the good and, I think, basically amiable process that we went through this year. I think it was very constructive and very productive, and we are looking forward to, hopefully, enhancing that relationship. " -355- October 13 , 1987 Mayor Meyers also expressed appreciation on behalf of Council to Mr. Patterson and asked him to convey that appreciation to Mr. Sparks, "principally for, I think, the businesslike manner in which the negotiations were conducted, and I think that' s as it should be, and I think the result speaks for itself. " Councilman Moore raised questions about a clause in the contract eliminating residency as a condition of employment and about the last sentence in Paragraph 3 of Article XI of the contract which specifies that minutes and reports of a joint Employer and Union health and safety committee be held confidential and not made public by either the union or the employer. City Manager Haines explained that residency is a factor in consideration for employment, but not for continuance of employment and that Council today is amending a contract that was approved in 1986 and the language in Article XI is not a part of ripener clauses relative to amendments before Council today, but allows for creation of a health and safety committee to deal with internal safety and accident issues in the line of duty or other related incidents. Resolution 87-214 was approved on a motion made by Councilman Cokinos and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 87-215 authorizing and directing to be cast all 670 of the City' s votes for representation on the Jefferson County Appraisal Board be cast for G. Wayne Turner who is nominated as a candidate on the Board was considered. Councilman Samuel made a ;notion as an amendment to the resolution to add the name of Andrew P. Cokinos for submission as a candidate on the Jefferson County Appraisal Board in addition to G. Wayne Turner. Concern was expressed regarding dilution of the City' s 670 votes of the approximate 835 needed for a place on the Board if more than one nomination was submitted. The motion failed for lack of a second. Resolution 87-215 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution 87-216 authorization submission of an application to the United States Department of Housing and Urban Development for a grant in the amount of $26, 000 under the the Emergency Shelter Grants Program to secure an Emergency Shelter Grant for the homeless and authorize $26,000 of reprogrammed Community Development Block Grant funds be allocated and appropriated as local match for such grant was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- -356- October 13 , 1987 In acknowledgment of Chester Sparks ' (President of Local 399, International Association of Fire Fighters) entry to City Council, Mayor Meyers related that the agreement with Local 399 had just been ratified. He added "I just to to reiterate what Council expressed to yourself and Max Patterson on behalf of the City and of the Fire Union how much we appreciated the businesslike manner in which the negotiations took place and the fact that the result is almost secondary to the way you all really conducted this whole transaction, and we expressed appreciation to you and your Board, as well as anyone else that assisted you, and we thank you for that, and we welcome any comments you have. I was just afraid that upon hearing what we'd done, you would slide out the door, and we wanted you to know we appreciate the way you approached it very much. " MR. CHESTER SPARKS Thank you, Mr. Mayor I appreciate the way that Maxie handled the negotiations, too, -000- Ordinance No. 87-79 correcting Ordinance No. 87-74 relating to the zoning of group residential care facilities was considered: ORDINANCE NO. 87-79 ENTITLED AN ORDINANCE AMENDING ORDINANCE 87-74 PASSED ON SEPTEMBER 22, 1987 PERTAINING TO RESIDENTIAL CARE FACILITIES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Moore. Question: Ayes: All Nayes: None -000- Resolution 87-217 awarding a contract in the amount of $24,474 for the fence and dugout construction at the City of Beaumont Athletic Complex to Cardinal Fence Company was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- The third and final reading of ordinance 87-80 granting an amended franchise to REM Waste Control, Inc. , to operate a commercial container garbage collection service was considered: -357- October 13 , 1987 ORDINANCE NO. 87-80 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO REM WASTE CONTROL, INC. TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. Ordinance No. 87-80 was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- The third and final reading of Ordnance 87-81 granting an amended franchise to Browning Ferris Industries to operate a commercial container garbage collection service was considered: ORDINANCE NO. 87-81 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO BROWNING FERRIS INDUSTRIES TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. Ordinance No. 87-81 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- The third and final reading of Ordinance No. 87-82 granting an amended franchise to Waste Express, Inc. , to operate a commercial container garbage collection service was considered: ORDINANCE NO. 87-82 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE EXPRESS, INC. TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. _'2rz Q_ ^-a--1, - 1 7 1 n617 Ordinance No. 87-82 was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Meyers passed on to Public Works Director Tom Warner a petition he received expressing displeasure with the Municipal Tennis Center, specifically with drainage, water fountains, benches and small grandstand, windscreens and condition of court. Mayor Meyers requested Mr. Warner investigate the situation. -000- Councilman Moore reported that no action has been taken to rectify the situation at the railroad cr OSS4 A.ng at Lavaca and Sarah Streets and requested that Public Works Director Tom Warner follow up on the problem, requested that Code Enforcement -check into the intention of the owners of the Astro Apartments on Lela Street that burned several months ago--they need to be repaired or torn down because they are creating a hazard and public nuisance, and requested that Mr. Warner compile a list of parks that do not fit the criteria set by the community parks concept (providing amenities such as water fountains or restrooms) . Councilman Samuel asked that the garbage that has been dumped at Rowland Road for about three weeks be removed wants and to reemphasize our commitment to a clean city and have Patrolmen try to pay specific attention to that area of concern. He reported that he has received two telephone calls from citizens traveling Helbig Road off Lucas after dark and someone has thrown rocks at their cars. He would like to have Patrolmen investigate the reports. Councilman Lee cong-ratulated all the volunteers that made this past week of celebration a terrific event and the best birthday celebration anyone could hope for. As a part of the celebration, "Sunday in the Park" was very successful. Everyone was invited to next week' s "Sunday in the Park" hosted by BUILD. Councilman Brumley echoed Councilman Lee' s comments relating to volunteers, estimating there were probably 1 , 500-2,000 volunteers for the weekend with almost 900 in the cast for the last performance of "Beaumont, One-Five Oh! " Quoting Mayor Meyers in saying that public involvement is the life blood by which a city is run and grows, Councilman Brumley stated we found out we have a lot of blood, not only in Beaumont, but people in Lumberton and Vidor felt the spirit generated and want to become more involved with Beaumont and agreed it was a good weekend. MAYOR MEYERS I would l_fke to maybe just digress for a moment and speak to all of you (Council) , and, while you appropriately recognized the volunteers who are out there doing it, I would tell you very quickly that were you not -359- October 13 , 1987 to present the appropriate framework, and were you not to present that circumstance that suggests that this is what people should do, they wouldn' t do it. And, I 'd like to compliment all of you because I think that because of your actions and the manner in which you conducted yourselves in work it suggests that other people should join in, and so, I would really like to compliment all of you. It doesn't happen, it doesn' t just happen, it' s something that' s contagious and spins off, and I direct that to you, as well, Al (City Manager Albert E. Haines) and your staff and your people. I think it all really plays a big part as, you know, they see a lot of your people out there, and they're talking about their jobs in the City and how things are going. I 've said it before, the people network makes the KHG look like amateurs and that feeling that emanates as a result of what you all are doing is very important to what took place, but I do extend my compliments again, as we have so many times and will appropriately in the next few weeks to the volunteers and the leadership that brought that off so well. -000- Mr. Henry Dannenbaum, 3305 Avenue A , addressed Council regarding donations to McBride Halfway House, commended the Fire and Police Departments for their good work, passed out fliers and invited Council to attend a Sunday School Revival from October 18th-21st, expressed gratefulness for City backing in helping public institutions meet necessary requirements, and announced that today is his 1st wedding anniversary. -000- There being no further business, the meeting was adjourned to continue with the Executive Session. -000 I , Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held October 13 , 1987. Rosemarie Chiappetta City Clerk -360- October 13 , 1987