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HomeMy WebLinkAboutMIN OCT 20 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 20 , 1987 - 1: 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 20th 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- MAYOR MEYERS: "I do want to take just a moment before I introduce Reverend Dabney to thank him so much for his continued willingness to do whatever' s necessary in the community to help - make the community better, and we thank you for joining us 'today -for our Invocation. " The Invocation was given by the Reverend Delmar Dabney, pastor of Cathedral in the Pines Christian Center. The Pledge of Allegiance was led by Councilman Cokinos. -000- Six proclamations were issued: "Giftedness Days, " October 23 and 24, 1987; "Catholic Daughters of the Americas Day, " October 18, 1987; "Dental Hygiene Week, " October 18 through October 24, 1987; "National Business Women' s Week, " October 19 through October 25, 1987; "United Nations Day, " October 24, 1987; and, MAYOR MEYERS In a moment I 'm gonna ask Mike Brumley to read this proclamation. I would want to make a few comments first. . . . It' s important to recognize that there are many elements that draw attention to communities. And, many times they are favorable or unfavorable. But nevertheless, there are activities with which we 're more familiar, and that isn't necessarily always correct, and what we should do when we learn of these is make sure that we do the responsible thing, and that' s not only react to the people who have done significant work, but do our best to let the people in that community, in this case ours, know the achievements of fellow citizens. -361- October 20, 1987 And I would want to share with you that this is a copy of a news release, and before I read it I 'd like you to know that included with that messages from the head of the Eye Research Foundation in San Francisco, Robert Wilkins, a doctor of ophthalmology in Houston, from Birmingham, Alabama, the Alston-Callahan MD, these are all specialists, the Baylor College of Medicine. These are letters to me. This is from Joseph Jankovic, the Chairman of the Medical Advisory Board for the Baylor College of Medicine. If you' re getting the idea that we 're talking about some fairly prestigious people in the field of medicine, that' s what I 'm wanting to get across. Richard Anderson, the professor of opthalmology at the University of Utah, and recently senator of Utah, Oren Hatch, of Utah introduced Resolution 48 to the Senate, and Congressman Howard Neilson introduced Resolution 24 to the House of Representatives. The resolution recommended that the week of October 18th to 25th be designated as "National Blepharospasm Week. " This was at the request of the Benign Essential Blepharospasm Research Foundation, Inc. headquartered in Beaumont, Texas. The Foundation has just observed their 5th International Conference, I repeat, International Conference, in Salt Lake City, Utah, and it was deemed to be appropriate that the Utah Senator and Congressman introduce said resolution. The purpose of the resolution is to create national awareness of this debilitating problem which affects thousands of people in the United States and is relatively unknown in the medical community as well as to the general public. The Foundation has put forth many tremendous efforts to sponsor continuing education in the medical community and to sponsor research in the hope of finding the causes and cure for benign essential blepharospasm. Many states, counties, and cities are issuing resolutions and proclamations proclaiming October 18th to the 25th as "National Blepharospasm Awareness Week. " The Goodyear Tire and Rubber Co. is providing "Night Writing" from their blimps located throughout the United States also proclaiming this same week. Mike, would you do us the honor, please. COUNCILMAN BRUMLEY It will be an honor. WHEREAS, Benign Essential Blepharospasm is a chronic involuntary, unremitting, spasmodic blinking that eventually progresses until the patient becomes functionally blind; and, WHEREAS, lack of awareness about blepharospasm has resulted in some cases being initially misdiagnosed; and, WHEREAS, Mattie Lou Koster, out of frustration over a lack of information, interest and treatment of the disease, founded the Benign Essential Blepharospasm Research Foundation which now distributes information worldwide; and, WHEREAS, doctors dedicated in the fight against these baffling problems are assisting the Foundation in promoting awareness, thereby enabling them to recognize and identify the symptoms more easily; and, WHEREAS, the Foundation has put forth tremendous effort to sponsor continuing education in the medical community and to sponsor research in the causes and a cure for Benign Essential Blepharospasm. NOW, THEREFORE, I , Maurice Meyers, Mayor of the City of Beaumont, do hereby proclaim the week of October 18 through October 25, 1987, as -362- October 20, 1987 _ qW "NATIONAL BLEPHAROSPASM WEEK" in Beaumont and urge all citizens to increase their awareness of this debilitating problem and to join in the effort to create a more enlightened public attitude and response to this malady. Furthermore, I congratulate Mattie Lou Koster who is to be credited for making both physicians and patients aware of blepharospasm, and literally bringing this disease out of the closet. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Beaumont to be affixed. October 20 , 1987 (signed Maurice Meyers) DATE MAYOR MAYOR MEYERS• We 'd like to ask Mattie Lou Koster who' s here with us today to come forward and receive this proclamation, and I think receive the appropriate recognition that she so much deserves. (applause) And, those who know Mattie Lou know that she is not bashful or retiring and probably we won' t have to entice her to say a few words. Why don' t you stand here and face the audience and Council will. . . MATTIE LOU KOSTER: Well, first, I want, where are you? MAYOR MEYERS• I 'm right here. MRS. KOSTER• I want to thank you again, and . . . I was so amazed as how blepharospasm rolled. off of his tongue. MAYOR MEYERS• Kinda like sesquicentennial! MRS. KOSTER• We thank you for your support, and certainly, we thank those of you who are here, and on behalf of the thousands who suffer from benign essential blepharospasm we thank Beaumont for helping us. For so long I was embarrassed because people from all over the country, all over the world, would write and call and say, "We want to come to Beaumont, the medical center. We want to be treated for blepharospasm. " And, I was reluctant to tell them that Beaumont did not recognize this. This is all changed. We have had tremendous support, not only from Mayor Meyers, but from each -363- October 20, 1987 of you, and if you don' t know this word, if you can't say it, please learn to say it. In five, in six short years, we have made a tremendous impact on the world. People who felt hopeless, they felt such despair and devastation at the fact that it was an unknown condition, though it' s old. I 've researched it back 200 years. We have made tremendous strides, and we just appreciate you for hearing us and helping us spread the word, because there is hope. There ' s no known cure, yet. But, there ' s hope, and we' re pressing toward that goal. Thank you. (applause) -000- Mayor Meyers asked City Manager Albert E. Haines to make a special presentation. CITY MANAGER: Thank you, Mayor. It' s not often that we, particularly in light of the past few year, can make a positive statement or two, but we believe that today is a very special day. It' s one that we have been waiting for. And, we were able to receive, the City of Beaumont has been recognized as being eligible to receive the Certificate of Achievement for Excellence in Financial Reporting for the first time in some time. I ' ll read the statement. "A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to governmental units and public employee retirement systems whose comprehensive annual financial reports are judged to be substantially and conform as to program standards. " And, I think this speaks very highly of the efforts that have been made over the past, particularly the past year or two, relative to providing a level of assurance to you, as a City Council, and ultimately to our citizenry that indeed, our level of financial reporting is as it ought to be. Since this is presented to the City, I can think of no more appropriate place to hang this plaque than in our Finance Department itself. And, so Betty, if you would come forward, and I ' ll present this to you, and I have one more thing to give to you also. Accompanying this, and I 'm really pleased to present this particularly to Betty Dunkerley who is our Chief Financial Officer for the City. It' s also presented to those individuals who have been instrumental in providing leadership and direction in making this award possible, award to the City to be possible. So, Betty, we 'd like to present this to you on behalf of the GFOA as well. MRS. DUNKERLEY: Thank you very much. MR. HAINES: And, thank you very much. -364- October 20, 1987 MRS. DUNKERLEY: This is an exciting day, but there are some, there are a lot of people that need to be recognized right now, and I want to give a special thank you to the people upstairs on third floor and all throughout this City hall building who helped us with the, some of the employees are here. Would the representatives from the Accounting Division, anybody from Finance Administration, or Audit Division stand up. Anyone else who helped on our comprehensive annual report, I personally thank you, on behalf of, I 'm sure the City Council, we 're really proud of all of you. And now, to the City Council, the Mayor, and the City Manager, we all want to say a very special thank you and just give you our deepest appreciation for the support that you've given us because we couldn' t have accomplished this goal without both the financial and the emotional support that you gave us. And, for that we, we really are deeply grateful. MAYOR MEYERS• I would state, I hope appropriately for Council, and to the Manager and to Betty, our greatest concern naturally is our area of finance, and appropriately so, and so seeing this kind of award now come to our City because of your efforts, we 're particularly proud, and I express for Council only in the - sense of time our appreciation as well as for the citizens of the community who have to recognize that achievements like that do no come by accident, and that they are the result of good knowledgeable people managing their business right, and for that we thank you, and just, I don't know if there' s another award that comes higher, but keep going up! Thank you very much. -000- Citizens were invited to address Council on Agenda Items A through C. No citizens wished to comment. -000- The Consent Agenda consisting of approval of the Minutes of the Regular Session of the City Council held October 13 , 1987, was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution 87-218 awarding a contract in the amount of $83 ,036 . 15 ($80, 685 available from Community Development Block Grant Funds and $2,351. 25 from private contributions) to Frank B. Inzer Investments for installation of heating and cooling of the upper floor of the Tyrrell Historical Library and for stained glass window restoration was considered. Councilmembers Samuel and Moore questioned MBE participation in the contract emphasizing their desire to not overlook the services of MBE' s and WBE' s even though the General Contractor usually has an -365- October 20, 1987 Affirmative Action Plan. The resolution approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None. -000- Resolution 87-219 authorizing the City of Beaumont to request the State Purchasing and General Services Commission to include its need for 19 Series 475 pursuit vehicles on the Commission' s annual contracts at an approximate savings of $550 per vehicle totaling an approximate savings of $10, 450 to the taxpayers was considered. Councilman Cokinos questioned delivery of vehicles, possibility of purchasing vehicles from local dealers, and asked for explanation of the State bidding process. Staff members stated that delivery of vehicles would be made to Beaumont and purchase would be made through the dealer awarded the bid with significant manufacturing savings passed on because of volume purchasing. Beaumont dealers can participate in the bidding process through the State Purchasing and General Services Commission in Austin. Councilman Cokinos requested the number of cruisers ( 19) be included in the wording of the resolution. Resolution 87-219 was approved as presented on a motion made by Councilman Brumley, seconded by Councilman Smith. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- Councilman Samuel asked the City Attorney to find out if when the City is using CDBG funding for a project, in competitive bidding does the State ' s MBE program supersede the City' s MBE program, if so, he would like an explanation of the program, and how Section 3 impacts the MBE program. He also expressed concern regarding dogs on a leash at public functions and could that be discussed at the following Workshop Session. Councilman Moore reported that he and members of the City Staff have been working on a program to generate citizenry feedback, especially in Ward IV. A series of meetings in Ward IV is being launched with targeted times November 3rd at the Melton YMCA, November 10th at the Blessed Sacrament Education Building, 717 Porter, and November 18th, 7: 00 p.m. , at the Alice Keith Community Building to inform citizens of City programs and dovetail that with the CDBG presentations--rental rehab program, streets and drainage, automatic trash collect program, demolition of dilapidated structures plus citizens general concerns. The purpose of these meetings is to understand the residents problems and by the Ward IV Town Meeting have gathered substantial information of progress to report. Councilman Moore also thanked Chief Schuldt for the support of radar units on Florida Street. -366- October 20, 1987 Councilman Brumley stated that the City has received a letter from John Huffman of the Beaumont Aviation Assoc. responding to "Beaumont Aviation Appreciation Day. Mr. Huffman said the crowds starting appearing around 10: 00 a.m. and was estimated at over 1, 500 by the time the storm blew over the field. People came back when the storm was over. One hundred fifty airplane rides were given by Professional Aviation using two of their single engine and two of their twin engine aircraft. It gave a lot of people an opportunity that had never been around an airplane to not only fly in an airplane, but to fly around the city. The Coast Guard, Army, Texas Air Guard, and Baptist Hospital helicopters drew interested viewers who visited with the crews. The crew members were very pleased with the reception received from Beaumont. A national meet sponsored by the Beaumont Radio-Controlled Aircraft Club was also held that day. Proudly hung on the wall of the terminal building was the Council Proclamation of September 12, 1987 as "Beaumont Aviation Appreciation Day. " Mr. Huffman feels an annual activity has been born that will help activity at the airport and the economy of Beaumont and a better understanding of the importance of general aviation to the local economy. Councilman Brumley felt the day was a great success and encouraged everyone to visit the airport on a weekend and evaluate what is available there through the City. Councilman Lee requested that Chief Schuldt to assist residents on Peyton Drive between Phelan and Sallie Curtis School with a radar unit to survey speeders in a school zone. Councilman Cokinos reported that last week's "Sunday in the Park" was very successful. Many parents and children attended the Halloween Party and had a super time. Pumpkins, a $50 Savings Bond, and other gifts were given to the children. Mayor Meyers shared a letter received: "It was a pleasure to see you again, in particular to have a greater exposure to your community. I can tell you that all of us were impressed with the spirit, attitude, and general atmosphere that we found in Beaumont. Even the weather you turned out for us was superb. The dinner at the Museum was beautifully staged and provided an appropriate backdrop for the Board' s visit to our facility the next day. Incidentally, they came away quite impressed how well our people have taken the approved investment and turned it into an economic success for the well-being of our shareholders. Our employees and your citizens did a tremendous job in making their presentations as we moved through the entire facility. And as you move into your 151st year, I hope you will always consider this part of Akron as being a sister city of Beaumont. (Signed) Bob Mercer, Chairman of the Board, Goodyear -000- Mr. Henry Dannenbaum, 3305 Avenue A, addressed Council regarding complaints against MHMR, thanked Chief Schuldt for his hat, and complemented halfway houses that are in compliance with City codes and regulations. -367- October 20, 1987 -000- There being no further business, the meeting was recessed for ten minutes before continuing with the City Council Workshop 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 20, 1987. Rosemarie Chiappetta City Clerk -368- October 20, 1987 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 CITY MANAGER HAINES: The next item under Finance, C. 2. Council is being asked to authorize purchase of 19 1988 model police patrol cars through the State Purchasing and General Services Commission in order to gain the benefit of anticipated savings from large volume buying under a State contract. Participating in the State bidding process would enable the City to purchase the cars at the same unit prices bid on a much larger order to be placed by the State and other participating municipalities. Based on last year' s experience, the resulting savings could be expected to be a minimum of $550 per car or $10,450 on the purchase of the 19 cars. They have all been identified as replacements for the fiscal year 187-88 year and have been so identified as appropriations. Last year, for example, the State purchased the Ford Crown Victoria police units for $550 less than the lowest bid that we received from doing our own bidding. If you vote today to authorize the purchase, the City would them participate with the State bid letting which is scheduled for this month and we would receive delivery of the vehicles in February or March. I might mention that I believe the State bid is somewhere in excess of $10 .0 million and so we expect an opportunity for some substantial discounts; we are essentially recommending that we at least try it with the police cruisers only for this year. I would recommend approval. MAYOR_MEYERS: Thank you. Do you have any questions? COUNCILMAN COKINOS: Yes, sir, Mayor, I have questions. How are these . how is the delivery going to be made to Beaumont on these automobiles? Are we going to have to go to Detroit to pick it up or what? MRS. BETTY DUNKERLEY, DIRECTOR OF FINANCE: No. As part of the specifications through the State, they will be delivered to Beaumont from whatever vendor that gets the State award. COUNCILMAN COKINOS: Will the automobiles be channeled through local dealers or what? MRS. DUNKERLEY: To my knowledge, there will be . . . . . . CITY MANAGER: The State is letting out a bid for $10. 0 million worth of vehicles in different kinds of specifications. We would be one participant in that total . . total package. All dealers state-wide will be invited to participate in the bid. EXCERPT FROM REGULAR uITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 2 COUNCILMAN COKINOS: I don't understand the procedure. Will you please explain it to me? MRS. DUNKERLEY: Perhaps I can get our Purchasing . . . CITY MANAGER Let . . . I will. Very briefly, it is that as a municipality or a government agency, we can participate with the State Purchasing and General Services Commission on any purchase item . . . bid item that they are involved in. We would say to them, we would like to purchase 19 police cruisers with these specifications as part of your package. They would then add those 19 vehicles into their total bid and would essentially go shopping, just like we would, and the only difference between what they would '- do and what we'd do is volume, massive volume, and essentially they are able to procure significant manufacturing discounts when they are going into the market place with that kind of volume purchase. COUNCILMAN COKINOS: Is there any comparison on this particular procedure as to . . as to the local dealers? . . . As to maybe we can get them cheaper here in Beaumont? CITY MANAGER: No. The comparison is with any dealer who bids on the State . . . on the State bid. A local dealer from Beaumont would have an opportunity to bid on the State contract just as any dealer throughout the State of Texas would. COUNCILMAN COKINOS: Well, would these cars be coming from the State of Texas or will they be coming from anywhere in the United States? CITY MANAGER: They' ll come from the manufacturer. . . COUNCILMAN COKINOS: That means Detroit. CITY MANAGER: to a dealer. The dealer would have the responsibility to make the disbursement of those vehicles at the location specified in the bidding . . . in the specifications. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 3 COUNCILMAN COKINOS: You mean a dealer here in Beaumont? CITY MANAGER: No, the municipality. If a dealer in Beaumont . . . say a dealer in Beaumont were to receive the State bid, that dealer would receive and be responsible for distributing all those vehicles at any location throughout the State, from Beaumont to Midland in making delivery of those vehicles. COUNCILMAN MOORE: It doesn't also remove the possibility that the prime contractor says who may receive the award also contract vehicles through a local distributors . . . . . . CITY MANAGER: I 'm not sure that . . . that's no problem. It's how the dealer . . . whatever arrangement . . . . . . COUNCILMAN MOORE: There's still the possibility that the local dealers could still get the business as a matter of convenience to that individual or that company who receives the bid. CITY MANAGER: The State awards bid to Dealer "X", whoever it it that' s low bidder. COUNCILMAN COKINOS: Where' s this coming from, the State? What are you talking about? CITY MANAGER: The State of Texas. COUNCILMAN COKINOS: Where? Where is . . . . . . ? CITY MANAGER: It' s Austin. COUNCILMAN COKINOS: It's coming from Austin. MAYOR MEYERS: Board of Control. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 4 CITY MANAGER- It' s the State Purchasing and General Services Commission. COUNCILMAN COKINOS: Okay. How about the warranties on the automobiles? CITY MANAGER: Warranties are tied to whatever the specifications require. COUNCILMAN COKINOS: If something goes wrong with these automobiles, whose responsibility . . . where do we take these cars back? Do we take them back to Austin, Dallas or will the local dealers fix these automobiles? CITY MANAGER: You take them to the factory authorized dealer. If it's a Ford, it goes to Ford; if it's a Chevrolet, it goes somebody else. COUNCILMAN COKINOS: Do they have to take it? CITY MANAGER: Oh, yes. Sure. COUNCILMAN COKINOS: Well, the Mayor says no and you say yes. MAYOR MEYERS: I said yes. CITY MANAGER: Yes, they do. COUNCILMAN COKINOS: Okay. I feel that this is fine if we can save some money but I 'd like to see these automobiles bought here in Beaumont from a local dealer. CITY MANAGER: The reason we are bringing this to Council, I think, is we think, we believe there' s a minimum savings that can be generated as a result of going on the State contract and that is a substantial amount of money. It ' s over $550 per vehicle. In comparing that with the local bid that we received last year, the savings would double. So, it would have been over a $1,000 per vehicle and, certainly, what we are asking Council to do is authorize us to go to the State and to give this a try, only on the police cruisers, to see how it works. I guess our position is we . . . from a corporate point of view, we believe that the City can save somewhere between $10,000 and $24,000 and, if the Council would elect rather than that to go ahead on our own bid, then we would ,do that certainly. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20 , 1987 Page 5 COUNCILMAN COKINOS: Well, I 'm not interested in the minimal savings. I 'm interested in maximum savings, Mr. City Manager. You said minimal but I 'm for the maximum savings. CITY MANAGER: Well, maximum would be around $24,000. COUNCILMAN COKINOS: That' s not what you said. What is it that you said? CITY MANAGER: Well, the State . . the State has not opened bids. We don't know what the low bid will be this year but as we compared the State bid to what we went through last year for Police cruisers, the low bid that we received was the difference was $550 per vehicle difference. The State bid was lower by $550. The State bid was lower than the lowest local dealer bid by nearly $1200. That equates to a difference in cost or savings, if you will, to the City of somewhere of about 11% per vehicle. If we bought 19 cars, we would realize based on last year ' s figures, we would realize the savings of somewhere between $10,500 and $25,000 on 19 cars. COUNCILMAN COKINOS: At the same time, that was in the latter part of 187 when the 188s were just about to come out. Yes, you are going to have some savings but we ordered . . . how many was it? Seven or eight police cars that amounted to about $32 ,000 over the original bid price and we asked the City Attorney to make up the difference from the Knapp Chevrolet and Chuck Miller bid that they didn't deliver police cars to Beaumont. Now, is this the same scenario that- we are going to have to go through, again? CITY MANAGER: If it is then there are $10. 0 million of other equipment that would go through the same scenario in the entire State of Texas and those municipalities that would be participating in the bid would have the same problem. COUNCILMAN MOORE: I would add one thing to that. There are a lot of people that do business with the State on State bids. State bids are a little bit tougher than local bids. The fact is you are required by law to address a bid by a certain calendar date, it may be thirty or forty- five days, and also . . . I know the Federal Government, they have to ensure that the price they are giving you is going to be lower than a commercial price, local price here. And, that's the whole benefit of the State bidding process. I think it is good because it saves the taxpayers dollars and as far as the warranties are concerned, they are still based upon the manufacturer and the local dealerships have to honor those. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 6 CITY MANAGER: Our understanding is the key . . . key savings dimension here is because of the tremendous volume of purchasing that the State can afford to do that there will in all likelihood be substantial factory discounts greater than we could get if we were to bid them ourselves that would be offered to the dealers as they would bid on those vehicles. MAYOR MEYERS• As David' s referencing, it is quite common for many of the agencies through the State to . . . I know on many of our products, particularly the more notable, the pricing is controlled in Austin and bid there and then the equipment comes in to the community and the dealership has the responsibility for maintenance. One question, though, Sue, on this. When we would, say let' s assume, send in requests for 10 cruisers. Is there a charge if for example we were to say we changed our mind? because we are doing this before the fact. MRS. SUE BRUBAKER, PURCHASING DEPARTMENT: The only stipulation, Mayor, is that once we send the resolution that we are going to purchase our police purchases for this fiscal year under the State contract, we have to purchase all of them under State contract unless there 's some kind of emergency. Then we would have to notify the General Commission of the State purchasing people what the state of emergency was and they would say fine. They monitor the clients with those resolutions and we could break it without penalty and probably not be allowed to purchase again off the State contract so that would be the downside of this. It would lock us into purchasing off that contract. CITY MANAGER: It' s essentially a binder. COUNCILMAN MOORE: Aren't there also funding provisions in the event you have those emergencies, you cannot make the purchase, they will not penalize you but it will still allow you to come back on contract because of those types of emergencies. MRS. BRUBAKER: Yes, as long as you have notified them . . . . . . COUNCILMAN MOORE: . . . so, really, there is no risk. Okay. COUNCILMAN COKINOS: Are you saying we can buy . that we can buy cheaper through this procedure than we can through the dealers here in Beaumont. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 7 CITY MANAGER: We could have last year by nearly $1,200 a unit. COUNCILMAN COKINOS: That was last year. I 'm talking about this year. COUNCILMAN MOORE: There' s no way of knowing this year yet. CITY MANAGER: I think we can. COUNCILMAN COKINOS: You think you can but you are not sure. CITY MANAGER: I wouldn' t recommend it if I wasn't significantly sure enough that we would. COUNCILMAN COKINOS: At this same time, I would very much like to see Beaumont save money . . . the City of Beaumont save money at a same time take care of the local dealers. CITY MANAGER: Mr. Cokinos, I think I ought to recount a conversation I did have with one dealer last week when I talked to him and told him that we were recommending this today. That dealer, by the way, has been working with the City in reviewing our fleet procurement practices and policies and has been heading a committee . . a citizens committee. I told him . . . when I told him we were going to come to Council with this recommendation, he . . . his conclusion was essentially what ours was that by going on the State bid, that it would create an incentive through the manufacturers to the dealers that we couldn't meet ourselves but that certainly the local dealers should be encouraged to go after the State bid. COUNCILMAN COKINOS: Could we possibly do this, Mr. City Manager. Could we possibly ask this from the participation their price and then come back to the local dealers and see if they can meet the price? CITY MANAGER: No, sir. Once this authorization is made today we are committed to the State bid. Now, I think it ' s obvious why they will not allow that to happen because there are a number of municipalities that are on the State bid as well as State purchasing as well and they have to take that block firm just as we would on a local bid for anything. They have to take that firm to out as they do their specifications and bidding, as well, so, once the decision is made today, it is locked in on the cruisers. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 8 COUNCILMAN COKINOS: Well, it' s quite a savings. At the same time, I cannot understand why the local dealers have said when they make a bid for the City the most they ever make is $50.00 or maybe $75.00 and I can't . . can't quite understand why there is such a tremendous $500 savings by going through this procedure that you are requesting the City Council to do. COUNCILMAN MOORE• Primarily, it is based on the quantity whereas we may be bidding for 19, they could bid for 19,000. Any time you've got that kind of quantity of vehicles or any other type of product, the cost per vehicle is substantially less and you can get a benefit; but, the other thing and you had a very good point, the local dealership may only make $50. 00 to $100.00 profit margin on one of our cars, but the benefit they get a chance to do the maintenance work that' s not going to change and they may quite naturally want to do that as opposed to getting involved and concerning themselves with the actual delivery of units from the manufacturer to the City of Beaumont. I still think it is a good move for us simply because we can save additional _ dollars and still bring the work here. We may not be selling the cars here but I think the benefit will still be the maintenance that ' s required and that will be done locally. MAYOR MEYERS• I need to come back to a question. I want to be sure I understand something you said. We are speaking to an investigatory process on these ten units . . . COUNCILMAN COKINOS: . . . 19, isn't it? MAYOR MEYERS• 19, excuse me. Did you say that when we submit this resolution that we are then bound for the year? MRS. BRUBAKER: Yes, sir. This is a one-time . . . one-time . . . . . . MAYOR MEYERS: Okay. Let me be sure. I may have phrased the question wrong. Are we bound for the year as it relates to an obligation or does it mean that any vehicles that we buy through the State we get the State price? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 9 MRS. BRUBAKER: It means that just on the police cruisers . . . . . . CITY MANAGER: On 19 vehicles, we have to buy. MAYOR MEYERS• Right, but does that mean we are obligated then to buy cruisers through the State for the balance of this year. MRS. BRUBAKER: Yes, sir. COUNCILMAN MOORE: The 19 that we are requisitioning . . . . . . MAYOR MEYERS: No, I want . . . I want to reclarify it. We are then obligated, unless there is some emergency circumstance, to buy all cruisers through the State for the year 1987-88. COUNCILMAN COKINOS: Is that fair to the local dealers? COUNCILMAN SMITH: That would only be a total of 19. COUNCILMAN COKINOS: No, beyond 19. CITY MANAGER: I think an advantage, if I can just make a comment . . . . . . COUNCILMAN COKINOS: . . . am I right, Lane? CITY MA-ZAGER• . . . if we want to buy more than 19, we can do that; but that has to come . . . I mean, right now, we have indicated to the State that we are looking at buying 19 vehicles and that' s what they are going after and I don't . . . and the only way we would go after more than that if something happened on the last year ' s bid. We have no appropriation for more cruisers. MR. LANE NICHOLS, CITY ATTORNEY: No, if you are talking about what you'd do if you wrecked a cruiser and you had to get another one and . . . . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 10 CITY MANAGER: . . . and we would get it on the State bid. MR. NICHOLS: That' s right. CITY MANAGER: It would be the same, whatever. MAYOR MEYERS: I just wanted to be sure I understood what you said. COUNCILMAN COKINOS: But, you are tied into them for the rest of the year whether you are getting 19 . . . . . . COUNCILMAN MOORE: I don' t quite understand that . . . COUNCILMAN COKINOS: Excuse me, Councilman Moore . . . . . . COUNCILMAN MOORE• . . . that' s okay. If we are requesting 19, a bid on 19, then why are we held tied to the State for the balance if something else should happen. I mean, they are basing their quantity on what each municipality is requesting, so, I don't understand why after we purchase 19 we have . . . we are obligated to purchase more. That' s doesn't make sense. MRS. BRUBAKER• In this particular kind of purchase, I doubt they would even want to bind us because there are two order dates that put a rush on it. They've got to get the first orders in by the end of November to get the first production of police package cruisers out and the next order would not even .e available until March. If something happens after March of course we would have to go out on emergency procurement binder. They wouldn't . . . the State wouldn't . . . that contract . . . those dates for purchasing, they will send us the dates of purchase for ordering. We can order in November and then they will probably be the March when they do their second batch, we can order in March. Well, it' s obvious if something happens after those dates, we are going to scratch around through local dealers or wherever we can find them. We won't be bound . . . . . . MAYOR MEYERS• Another question. Do you know if in fact this . . . how much this purchase . . . the total? You said $10.0 million . . . . . . CITY MANAGER: Approximately . . . MRS. BRUBAKER: Approximately . . . EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 11 MAYOR MEYERS: Is that for all for immediate delivery or is part of that purchasing in advance for warehousing and trying to get an understanding . . . . . . ? MRS. BRUBAKER: I don't know how they' ll order that. I don' t know if they order all of it in their immediate November order or whether they order half of it in November and then the next half in January and spread out the delivery on it. I don't know how they order through the State. I would assume maybe they don't . . . . . . MAYOR MEYERS: Do they ever ask us how many we might need through the year? MRS. BRUBAKER: What? MAYOR MEYERS: Did they ever send out anything asking us how many we might anticipate needing through the year? MRS. BRUBAKER: They just notify us when the contracts are going to be let and then our responsibility is to submit to them our number and that' s an approximate number. If we only bought 14, there' s no penalty on that. We . . . . . . MAYOR MEYERS: Many times they get a feel for requirements and this bid itself is not necessarily for delivery now but it is based on the indicated needs so they have . . .they're committing to that vendor that many vehicles through this period and so what it means is when you have need for that vehicle, if there was one in March because it got wrecked, that it's already in that $10. 0 million. That's what I was trying to understand. They do that with other products. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20 , 1987 Page 12 MRS. BRUBAKER: Yes, that' s what they are telling me they are going to do. They are trying to get a vehicle number . . . how many numbers of vehicles . . . COUNCILMAN MOORE: I only have one other question. I agree with the process. I think the saving is substantial. The only problem I have is beyond the 19 that we are requisitioning right now, the fact that we would be held by some type of contractural agreement to purchase any future cruisers, even though there may be the same savings and I understood your rationale stating that by the time we receive these we will not be able to possibly get a second batch in if something were to happen, we would have to go to a local dealership but I have a problem and maybe the City Attorney may have to assist you ih that, believing that the State is going to hold us accountable for anything beyond 19. And, if you need time to get the proper answer, I would be willing to get that one. MRS. BRUBAKER: This is a one-time process and I 'm a little bit . . . we've had to talk to the Highway people on this actually because this is a State Purchasing . . . those people have been so busy that they don't have . . . they haven' t had much time. Because it' s a one-time purchase, we've got to submit the number of vehicles and, Councilman, I 'm not sure that we could go over what we are saying. I think you have to reserve a clause for additional vehicles. You can be under it but you can't . . . we couldn' t come back and say hey we want 19 more. COUNCILMAN MOORE: Can you get a specific answer to that. MRS. BRUBAKER: Yes, I can find out this afternoon. COUNCILMAN MOORE: That would be fine. That's all I 'm asking. MRS. BRUBAKER: Yes. I think maybe that point is because it' s a one- time purchase order. COUNCILMAN COKINOS: This even concerns me more. There seems to be an apprehension or doubt in . . . in this particular procedure and the more we discuss it the more it' s seems like that it . . . it really isn't a hard core thing for the City to get into. It . . . it . . . There may be delivery or they may be. . .the price might be less. We don' t know so why don't . . . I . . . I . . . it bothers me. I 'm sorry. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20 , 1987 Page 13 MRS. BRUBAKER: From my side, I 'm convinced it' s less. The delivery I am sure is quicker because you can order so much quicker. They're ready to let their contracts the 28th of October. That contract will be let for the State quantity. We can then order our vehicles the first week in November and if we go out ourselves, the process is slower and it forces us into a later ordering. The sooner you get those orders in to the manufacturers, the more quickly you get those special-made vehicles and I guess my hedging on this . . . this is a little different than the contract where they just purchase an open ended contract. This is a specific purchase and it is tied to a specific . . . you know, like we do an approximate number and try to get a pretty exact approximate . . . . . . COUNCILMAN COKINOS: . . . okay . . . MRS. BRUBAKER: . . . so, when they placed that order with that manufacturer, there' s not a lot of variance because these are specially made vehicles and they are not like ordering the classes like the Cavaliers, the Aries and all the others - they include several different manufacturers and classes and so it is not a special order. It is something that comes off the manufacturer's line, it can be available. The patrol units are specially made vehicles. . . . COUNCILMAN COKINOS: Yes, I know. MRS. BRUBAKER: . . . hence, that becomes a little different handling than their regular vehicle purchases that are just the standard lines of vehicles. COUNCILMAN COKINOS: This is only for police cars and not for Fire Department or whatever. MRS. BRUBAKER: This is purely police . . . . . . COUNCILMAN COKINOS: One more question. Do you think that the resolution should reflect the price of the automobiles . . . the cruisers. MAYOR MEYERS: We don' t know it. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20 , 1987 Page 14 COUNCILMAN COKINOS: Well, it says here $10,245 . . . . . . MAYOR MEYERS: It's all estimated. COUNCILMAN COKINOS: It' s all estimated? Well, should the resolution show 19 cruisers, at least, if you can't approximate the price? CITY ATTORNEY: The resolution we had drafted is the one that the State Purchasing General Services Commission requested which merely indicates our desire the participate in the purchase in the Series 475 pursuit vehicles. That left us the most flexibility to perhaps purchase fewer if that ended up being what we wanted. COUNCILMAN COKINOS: It' s also open-ended as far as the price is concerned, too, isn't it? CITY ATTORNEY: Well, every time we authorize a competitive bid, Councilman, we are not going to know what the price is because that's the nature of competitive bidding. COUNCILMAN COKINOS: Well, I would still like to see these cars bought here in Beaumont. MAYOR MEYERS: We thank you for your information. Does Council have any other questions? Anything else that we would like to discuss? COUNCILMAN MOORE• I would just like for Sue to get the information that the quantity we are held to is 19. COUNCILMAN SMITH: I would be more comfortable with that because I can't believe that we would have to buy . . . if we needed other vehicles, we would be held to that. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 15 MRS. BRUBAKER: I ' ll get that for you. MAYOR MEYERS: What are we saying now? COUNCILMAN COKINOS: Could we delay this 'til we get the answers? COUNCILMAN MOORE: . . . maybe she can get an answer today. MAYOR MEYERS: Okay, so, you are agreeable to taking action. COUNCILMAN MOORE: Yes. COUNCILMAN SMITH: Yes. MAYOR MEYERS: Yes, but you want information. COUNCILMAN MOORE: Absolutely. COUNCILMAN COKINOS: Today? CITY MANAGER: I don't know. Maybe we can save some time on both Sue and your part, Councilman. Our intent is not to order more than 19 cars . . cruisers for the fiscal year. We don' t have appropriations to buy more and if we dial, we would have to come back to Council anyway, you know, to do any more than that, so, that's where we came up with the number and that' s basically what the Police Department needs and we' re ready to go. COUNCILMAN MOORE: One question. City Manager, one question. This will only address Police cruisers and nothing else. CITY MANAGER: That' s right. COUNCILMAN MOORE: Okay. That being the case, I don't have a problem with it. I just heard something stated that if we bought anything else we had to do it this way. CITY MANAGER: No, only police patrol-equipped units. Our plan is to watch this go through and, to be honest, if it works and if the savings are substantial, we will be coming back for more State bid items. COUNCILMAN MOORE: Right. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 16 COUNCILMAN COKINOS: See, here you go again - if it works. We are taking a chance. COUNCILMAN SMITH: We take a chance when . . . . . . COUNCILMAN COKINOS: Well, that's what he said, if it works. COUNCILMAN MOORE: Well, any bid process, I think, when you go out, you are not necessarily taking a chance but you get the best price available and that' s what we have to work with. COUNCILMAN COKINOS: Could we say 19 . . . . . . ? COUNCILMAN BRUMLEY: What happens if we pass a budget, which is what we did, and then say we budgeted $120. . . okay, I ' ll use $100,000 for police cruisers and, my goodness, it' s $120,000. What do we do? It's just a guess. I mean, we could be wrong on our budget when we adopted the budget to begin with. MAYOR MEYERS: I think it' s a very well calculated guess. I know I have never yet beaten the State in a bid in 26 years and I do submit bids often and COUNCILMAN MOORE: I do, too. MAYOR MEYERS• . . . I 've never . . . I 'm not supposed to mix that in here but I wish I could say that I had. There are some nice opportunities but manufacturer always has the best price. It could happen here, that it . . . it would be a first. COUNCILMAN COKINOS: Could we . . . could we possibly, Mayor . . . could we possibly put 19 cruisers in the resolution? It doesn' t even say the number of cruisers we are going to buy at approximately a certain price. Pardon me? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 17 COUNCILMAN MOORE: It' s on here. COUNCILMAN COKINOS: No, it isn't on the resolution. COUNCILMAN MOORE: This is what Lane read from. CITY ATTORNEY: The answer is you could put 19 in there if Council wanted to. COUNCILMAN COKINOS: Thank you, that's all. Thank you, very much. MAYOR MEYERS: I think the only thing that would be a problem there is if in fact we did have need to buy a 20th, we would still have to come back and buy it but the resolution would be binding us to 19 . COUNCILMAN BRUMLEY: . . . with the savings that we are going to probably see, we could probably buy another . . . MAYOR MEYERS: I think we are probably locked in, as the Attorney mentioned, to only cruisers, though. Is that correct, that classification? CITY ATTORNEY: That' s correct . . . MAYOR MEYERS: . . . and the budget has requested 19 . . . . . . COUNCILMAN BRUMLEY: . . . the budget is for 19. CITY ATTORNEY: In terms of management flexibility, the Manager's is saying he only wants to purchase 19. . . . MAYOR MEYERS: I understand. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20, 1987 Page 18 CITY ATTORNEY: If you write it like this, then you have control as opposed to the resolution. COUNCILMAN COKINOS: May we put 19 in the resolution? CITY MANAGER: That' s up to Council. COUNCILMAN COKINOS: Do you see any objection in that, Mr. Nichols? CITY ATTORNEY: Not legally. COUNCILMAN BRUMLEY: I would move to approve the resolution as it' s been presented: COUNCILMAN SMITH: Second. MAYOR MEYERS• I have a motion for approval. We can then have the Attorney respond. Is there a second? COUNCILMAN MOORE: Dr. Smith seconded it. MAYOR MEYERS• Dr. Smith seconded it. You were asked a question, please. CITY ATTORNEY: There is no legal problem with putting the 19 in there, Councilman. COUNCILMAN COKINOS: That's good. Thank you. MAYOR MEYERS• Okay. The motion is approval of the resolution as prepared and the second was also and the question by Councilman Cokinos was the addition of the 19 to the resolution. I 'd ask if anybody supports that? It would have to be done following removal of the motion and the second. Seeing no action, then we will vote on the motion that was brought forward. Those in favor, signify by saying aye. (Those responding were Mayor Meyers and Councilmen Lee, Smith, Brumley, Samuel and Moore. ) Opposed: . . . . . . COUNCILMAN COKINOS: Now, we are talking about the resolution. . . . . . ? MAYOR MEYERS: Yes, sir. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD OCTOBER 20 , 1987 Page 19 COUNCILMAN COKINOS: . . . as is. . . . . . MAYOR MEYERS: Yes. COUNCILMAN COKINOS: . . . without the number of 19 in it. MAYOR MEYERS: Right. COUNCILMAN COKINOS: I ' ll vote against that. MAYOR MEYERS: Okay. CITY MANAGER: Mayor, that concludes the formal agenda. END OF EXCERPT.