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HomeMy WebLinkAboutMIN SEP 23 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 23, 1986 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 23rd day of September, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Priutt Weisbach 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 Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend Douglas McBride, Bethlehem Lutheran Church. The Pledge of Allegiance was led by Councilman Weisbach. -000- Proclamations were issued: "Knights of Columbus Days for the Hearing Impaired" - September 26 through October 5, 1986 and "Golden Deeds Day in Beaumont" - September 23, 1986 recognizing Helen Stuart Griffin as recipient of the Golden Deeds Award. -000- Mayor Meyers encouraged all citizens who support Federal Revenue Sharing to write or call Congressman Jack Brooks, saying "I believe that it's important that our House of Representative member knows and understands the feelings of the people in the community who would be supportive of Revenue Sharing and, one, make it clear that you oppose any amendment to delete General Revenue Sharing from the continuing resolution and, two, oppose any amendment which would make Revenue Sharing funding contingent on the enactment of new federal revenue sources. I believe Revenue Sharing can provide, as it has in the past, a meaningful assist to communities all across the United States. It is one of the cleanest, purest forms of monies that have ever come out of Washington and I would encourage anybody who would take the time to let Congressman Brooks know that, if in fact you support that position. " -000- No one wished to address City Council on Agenda Items C through E. -194- September 23, 1986 The following items of the Consent Agenda were considered: Resolution 86-293 authorizing the release of $1,000,000 in securities by First City Bank - Beaumont held as collateral for City deposits; Resolution 86-294 appointing Thomas E. Polk and Mildred Hall to the Sesquicentennial Coordinating Committee, terms to expire December 31, 1987; and Resolution 86-295 authorizing purchase of one (1) Suburban-type vehicle for the Fire Department from J K Chevrolet in an amount of $14,095.38 (replaces Unit X67010, 1982 Chevrolet Suburban that was wrecked during the Hurricane Bonnie disaster). Resolutions 86-293 through 86-295 were approved on a motion made by Councilman Weisbach and seconded by Councilman Lee. Question: Ayes: All Nayes: None A resolution authorizing execution of six month contracts for the purchase of lubricants used for maintenance of City vehicles: Engine Oil (Union - Guardol 15 at $2.15/gallon and Automatic Transmission Fluid (Union - ATF Dextron II) at $0.7722/quart from Martin Matthews and Hydraulic Oil (Exxon Nuto H68) at $2.09/gallon and Automatic Transmission Fluid (LExxon - Type F) at $0.85/quart from Sitton Oil was tabled by the City Manager to correct an error in the item. Resolution 86-296 (Consent Agenda Item "e") authorizing purchase of three (3) cash registers for the Central Collections Division from NCR in an amount of $12,735.00 with annual maintenance contract at $1,145.00 was approved on a motion made by Councilman Cokinos and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Resolution 86-297 (Consent Agenda "f") authorizing a 36-month lease/purchase agreement for an IBM Model 70 copier for the third floor of City Hall from IBM in the amount of $26,929.00 was considered. Councilman Cokinos made a motion to table action for further study; motion died for lack of a second. The resolution was approved on a motion made by Councilman Weisbach and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Abstained: Councilman Samuel Councilman Moore -195- September 23, 1986 Mayor Meyers called the public hearing to consider budget amendments prior to adoption of the 1986-1987 budget. City Manager noted the following: Beginning FY 1987 Fund Balance of $2,590,450; Uses Budget as presented of $40,711,340; Increases: City Council at $64,800 ($60,000 for Additional audit fees & $4,800 for Reinstitution of Councilman's salary to be placed in Trust); City Manager at $25,000 for Beaumont Sesquicentennial Celebration; Public Works at $90,000 for implementation of a modified street sweeping program for arterials and business streets and Non-Departmental at $365,000 ($225,000 for Insurance Trust Fund to cover fire and related insurance policies and $140,000 for the committed match for the acquisition of the bus fleet) with a total for Increases at $544,800 and Decreases: Public Works at $222,510; Police at $151,040; $194,990; City Clerk at $700; Library at $3,190; Parks and Recreation at $90,760; Community Development at $23,820; Finance at $10,200; Health at $4,730; Resource Management at $20,660 and Non-Departmental at $5,000 (Reduce transfer to Convention Facilities) with a total for Decreases at $727,600; Revised FY 1987 Uses Budget at $40,528,540; Resources Budget as Presented $40,036,800; Increases at $219,080, Revised Resources Budget at $40,255,880; Revised Net for Year at $272,660 for a Revised FY 1987 Ending Fund Balance at $2,317,790. No one wished to address Council concerning the budget. The hearing was closed. -000- CITY MANAGER: As you are aware, we have been notified by one of our Collective Bargaining Units, specifically representing the Police Department that . . or the Police Officers, that they will seek mediation if there is not a clearly compensable issue that can be addressed relating to cost of living or an across the board salary increase. My understanding is that, at least I have not received any new word, but, my understanding is, though, that, if that is the case, I need to inform the Council that there are no funds in the Police Department that have been earmarked or set aside for general salary increases in the Police Department. In response to questions by Council, the City Manager said that in the past two years Police Officers have received first an 8 percent increase than a 4 percent increase when civilians have received no increase. -000- Resolution 86-298 adopting the 1987-1991 Capital Program was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- -196- September 23, 1986 Ordinance No. 86-95 amending the 1985-1986 fiscal budget was considered: ORDINANCE NO. 86-95 ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Ordinance No. 86-96 adopting the tax roll for the City of Beaumont and establishing the tax rate at $0.69 per $100 valuation ($0_4462 to the General Fund, $0.2254 for the Bond Indeptedness/Sinking Fund and $0.0184 to the Insurance Fund) was considered: ORDINANCE NO. 86-96 ENTITLED AN ORDINANCE APPROVING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1986; TO PROVIDE A GENERAL FUND, A SINKING FUND TO MEET THE PAYMENT OF ALL BONDED INDEBTEDNESS OF THE CITY OF BEAUMONT AND THE PAYMENT OF INTEREST THEREON, AND AN INSURANCE FUND; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Ordinance No. 86-97 adopting the 1986-1987 budget and appropriating monies was considered: ORDINANCE NO. 86-97 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE ENSUING FISCAL PERIOD BEGINNING OCTOBER 1, '1986 AND ENDING SEPTEMBER 30, 1987 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. -197- September 23, 1986 Ordinance No. 86-97 was approved on a motion made by Councilman Brumley and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Cokinos Councilman Lee Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Ordinance No. 86-98 amending the Administrative Ordinance was considered: ORDINANCE NO. 86-98 ENTITLED AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT DEALING WITH THE ESTABLISHMENT OF DEPARTMENTS AND DIVISIONS IN THE CITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Lee. Question: Ayes: All Nayes: None -000- Resolution 86-299 directing preparation of policies and procedures which will enable the city to notify the public, whenever possible, about the proposed location of facilities which will have a significant neighborhood impact but are provided special treatment under the law was approved on a motion made by Councilman Moore and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 86-300 establishing the City Manager's travel policy was approved on a motion made by Councilman Moore and seconded by Councilman Brumley. Question: Ayes: All Nayes: None -000- Resolution 86-301 authorizing the City Attorney to employ expert and other witnesses to provide professional services in arbitration with Local 399, International Association of Fire Fighters; appointing Kenneth E. Wall, Jr. , as the City's member of the Arbitration Panel and authorizing payment for expert and other witnesses and consultants retained for the arbitration case, fees and expenses of the City's member of the arbitration panel, one-half the fees and expenses of the neutral arbitrator, court reporting charges and other charges and expenses in connection with the arbitration proceedings was considered. -198- September 23, 1986 Councilman Cokinos made a motion to delay action "until we set a maximum salary and per diem and get the financial end of this agreement with Mr. Wall." After a brief discussion concerning the need to proceed with the mechanics of arbitration, Councilman Cokinos withdrew his motion to delay action. The resolution was approved on a motion made by Councilman Moore and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None Councilman Cokinos made a motion to set a maximum or total for the expenditures for this binding arbitration and set a fee and per diem rate for Mr. Wall and expert witnesses and other witnesses. Motion died for lack of a second. City Attorney Nichols will provide Council with information on charges and expenses for these proceedings. -000- Ordinance No. 86-99 establishing water rates was considered: ORDINANCE NO. 86-99 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ENACT A NEW WATER SERVICE RATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. The ordinance was approved on a motion made by Councilman Lee and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- City Manager Haines mentioned that an item concerning the reconsideration of construction of the bridge on Washington Boulevard crossing the LNVA Canal in the recently annexed 75 acres adjacent to Washington Boulevard would be discussed in Workshop Session. -000- Councilman Brumley reminded all of the Regular City Council Session/Town Meeting to be hosted in Ward II on Tuesday, September 30, 1986, at 7:00 p.m. in the Calvary Baptist Church. Councilman Lee reminded of "Sunday in the Park" activities in Riverfront Park to be hosted by the Beaumont Art League and Arts Studio on Sunday, September 28th, from 2:00 to 4:00 p.m. -199- September 23, 1986 Councilman Lee questioned the status of the construction work on 7th Street between Calder and Broadway and said that there has been some concern about the asphalt and the gutter in the curb line being in proper order. Councilman Weisbach told of the great success of the employee's picnic Saturday, September 20, 1986. Mayor Meyers acknowledged receipt of a letter from Mary Fly containing a check for partial payment of her pledge to the Kitty for the City fund. Mayor Meyers mentioned to Council that the City has the opportunity to bring one of the finest war planes for display from the Vietnam era - an F-101 known as the "Voo Doo". In addition, he said a group is interested in providing needed funds and Jefferson County Commissioner Jim Smith has said that, given the space requirements to store it, the County will cooperate while a proper location for display is being secured. Council enthusiastically agreed to the venture. -000- Mr. Henry Dannenbaum, 695 Avenue C, addressed Council in support of halfway houses. Mr. David Hartman, 264 Rosine and curator of the Spindletop Museum, invited all to the Fall Festival to be held Saturday and Sunday, September 27 and 28, from 11 :00 a.m. to 7:00 p.m. Mr. William Anderson, 96 N. 7th Street, addressed Council to suggest that the City adopt that portion of the Southern Standards Building Code requiring Certificates of Occupancy for residences as another means to collect revenue for the City and, in addition, complained that he had not been able to speak with the City Engineer on another matter. Mrs. Georgia Smith, 3060 Blossom, Fleetwood Addition, again addressed Council concerning the Restitution Center being constructed on Washington Boulevard and that the Council for their support. -000- Mayor Meyers called an Executive Session, pursuant to Section 2e of the Texas Open Meetings Act, to consider pending litigation, to be held immediately following the City Council Workshop Session. -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. I, Myrtle Corgey, 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 September 23, 1986. Myrtle Corgey City Clerk -200- September 23, 1986 EXCERPT FROM REGULAR C. . COUNCIL SESSION HELD SEPTEMBER 23, 1986 COUNCILMAN ANDREW P. COKINOS: f. Now, I can't quite understand. What's wrong with the present copier that we have on the third floor, Mrs. Dunkerley? BETTY DUNKERLEY, DIRECTOR OF FINANCE: Well, it's just too expensive. It's costing us $1,800 a month right now and we've . . when we went out for bids we found that we could get a new copier that would do the same thing for less. It would be . . the lowest bid here is $1,281 a month versus $1,800 and it's just cost beneficial to go ahead and replace it. COUNCILMAN COKINOS: How old is this unit? About 2-1/2 years old? MRS. DUNKERLEY: It's three years old. COUNCILMAN COKINOS: About three years old. Did we buy it on lease/purchase? MRS. DUNKERLEY: It's just a lease. COUNCILMAN COKINOS: This is just a lease. MRS. DUNKERLEY: This new machine we will be getting a lease/purchase and after three years the machine will be ours and we can use it until we have to replace it at that time. COUNCILMAN COKINOS: What's .. . is it why was the Canon and the Sharp machine . . why didn't they meet specifications? MRS. DUNKERLEY: Okay, let's see. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 2 COUNCILMAN COKINOS: Of course, Sharp was low bidder. Canon was second and here we go with IBM third low bidder and they are getting the bid. I don't understand why. MRS. DUNKERLEY: The Canon machine on the surface looked to be low bidder but the price of the replacement drum was not included in their maintenance contract so each time we have to replace that drum would be $1,300 more if we went with the Canon machine so we did an estimate of the volume we use and we would have to replace that drum on average every 9 months. So, when you prorate that cost, when you are doing your cost analysis, in fact the Global, the Canon machine, then comes out to be not the lowest price. COUNCILMAN COKINOS: What about the Sharp? MRS. DUNKERLEY: Okay, the Sharp dial not meet specs because, I believe that . . the product they bid had a maximum speed of 50 copies per minute and we wanted one that was equal to one we had. COUNCILMAN COKINOS: What difference does it make . . here we are talking about in one day if you run off 70 copies, you are running off 4600 copies a day. What difference does it make whether you run off 70 copies or run off 50. I mean, you know, you can only run off a certain amount of copies . . . MRS. DUNKERLEY: Well, that machine . .. COUNCILMAN COKINOS: . and it seems to me that these specifications are geared to IBM. IBM is the only one that I know of at this time that copies 70 copies per minute. What difference does it make whether it copies 150 in two minutes. 100 in 2 minutes? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBESR 23, 1986 Page 3 MRS. DUNKERLEY: Well, we had at least three other bidders that met the specifications for this particular product and as far as the speed of that machine, that's the machine that has the highest usage of any other machine in City Hall and especially on Friday afternoons when we are trying to get out Council packets that extra speed does make a difference. COUNCILMAN COKINOS: One minute. 20 copies extra in 1 minute. It just doesn't make sense to me and . . . excuse me. COUNCILMAN DAVID W. MOORE: This might help you a little bit . . . COUNCILMAN COKINOS: Well, wait a minute, if you don't mind. I'd like to pursue this. Is this a lease/purchase. MRS. DUNKERLEY: This is on a lease/purchase. COUNCILMAN COKINOS: Why don't we go ahead and buy the machine that we have now. It's in perfect condition? MRS. DUNKERLEY: Well, the machine is three years old. If I am going to buy something . . . COUNCILMAN COKINOS: Well, yes, it's not a brand new machine but it is on a lease/purchase, then why do we have a lease/purchase agreements when we don't execute them. MRS. DUNKERLEY: We explored buying the current machine that we have and we were told by Legal that we would have to go out on bids and offer any other company that had a comparable machine and with a machine that is three years old with the technology like it is we though it was more cost beneficial to go ahead and enter into a lease/purchase agreement for the next three years. EXCERPT FROM REGULAR C.�iY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 4 COUNCILMAN COKINOS: I ran some copies the other day and it was perfect. And, just because it doesn't run 70 copies a minute, it still runs 50 and I just don't understand why the City bear the expenses of buying a new machine when the one that we have is in excellent condition. I don't understand it. MRS. DUNKERLEY: Well, it is our recommendation that we . . . . . . COUNCILMAN COKINOS: Well, yes, it is your recommendation but at the same time we've got to save money for the tax payers, too. Well, you are talking about $30,000 plus maintenance. CITY MANAGER ALBERT E. HAINES: Well, I think it goes without saying that's the reason why we are doing this. You know, the fact that we are leasing $1 ,800 a month, as I understand it, for a piece of equipment that is three years old, has no value to us, and we can go out and lease/purchase one for $1,200 a month. I think that is saving the tax payers $600 a month, in my calculations. COUNCILMAN COKINOS: Yes, but at the same time, you've got maintenance, too, monthly maintenance cost to that, too, Mr. City Manager, on the new machine. COUNCILMAN MOORE: That's on any one you get . . . CITY MANAGER: You are going to pay for it, you are paying for that now. COUNCILMAN COKINOS: At the same time, is there a warranty? COUNCILMAN MOORE: I think it is six months warranty when you purchase a new machine but not on an inplace unit. a EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 5 COUNCILMAN COKINOS: Well, I just don't understand when you've got a perfect working machine, you want to buy another one. CITY MANAGER: I'd buy it in a minute if I could save $600. a month. COUNCILMAN COKINOS: Well, absolutely. Well . . . . . . COUNCILMAN MOORE: Councilman, what I was going to state earlier is that one of the marketing strategies of major companies is to give the customer a better piece of gear today at a lower price and the lower operating expenses that we are looking at of saving $600 per month and there are also some cosmetic changes in that box versus the one that you have that makes the staff a little more productive. And the difference in the running speed of between 50 copies and 70 copies may not sound like a lot but when you have a point of need and you have to turn it around very quickly, that level of productivity is greatly enhanced and it helps them out a great deal. I can't vote on it - in fact, I am abstaining, but those are a couple of points that might help you in that decision. The key thing is you can save $600 bucks a month and when you put it down on the bottom line, . you are just as well or better off, especially when you machine is three years old. Maintenance also has a premium on it once a machine reaches that age. COUNCILMAN COKINOS: Well, why is it that everything is geared to IBM? Why can't it be geared to just specifications to an overall machine? Just because they are 70 copies, that's no big deal with me. COUNCILMAN AUDWIN SAMUEL: Councilman, copiers are broken down into segments according to the volume that is run on the copiers each month. That is a high volume copier and because the volume on that machine, that is why it will be placed in that segment of the market and that particular segment of the market does call for a copier with that approximate speed. So, that is perfectly in order. COUNCILMAN COKINOS: That means that you are running how many copies a day, five days a week? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 6 COUNCILMAN DUNKERLEY: I think we average 60,000 per month. COUNCILMAN COKINOS: That's 60,000 a month. That's 20 days . . 20 working days . . . . . . COUNCILMAN MOORE: If you broke it down to a per day basis, it would be 3,000 copies but they don't make copies that way. COUNCILMAN COKINOS: So, it would be . . . it would be .. . break it down in a day it is 4,200 . . . COUNCILMAN MOORE: 3,000. COUNCILMAN COKINOS: 3,000, okay . . . COUNCILMAN SAMUEL: And, there's also a dollar amount that is associated with productivity of the machine. If you have three people waiting in line to use a copier, then that's time that's being wasted and there is a dollar amount that is associated with that. COUNCILMAN COKINOS: Well, I know that you work for Savin (to Councilman Samuel) and you work for Xerox (to Councilman Moore) but at the same time if that's the case then why don't we go ahead and buy Sharp and buy two machines where no one will wait for the same price that we are paying for IBM? They are the next to the lowest bidder. COUNCILMAN NELL WEISBACH: Your Honor, I move for approval of the resolution. EXCERPT FROM REGULAR ,iTY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 7 COUNCILMAN COKINOS: I'm not through yet. I'm sorry. I still haven't got an explanation. MRS. DUNKERLEY: Well, I think if you did it that way, you would still come out with a net loss to the City because that would be more expensive than going with one single machine. COUNCILMAN COKINOS: Mr. Mayor, I move that we . . . . . . COUNCILMAN WEISBACH: There's a motion on the floor. COUNCILMAN COKINOS: . . . pardon me? COUNCILMAN WEISBACH: There's a motion on the floor. COUNCILMAN COKINOS: Well, I think my motion would supercede that one. MAYOR MAURICE MEYERS: Let me come back in here if I may. Do you have a motion to make? Go ahead and make it. COUNCILMAN COKINOS: Yes, I have a motion that we should let us think about this. I mean, this is a first occasion . . . . . . MAYOR MEYERS: Do you want to make it? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 23, 1986 Page 8 COUNCILMAN COKINOS: Yes, I'd like to delay this until further study. MAYOR MEYERS: Is there a second? COUNCILMAN COKINOS: I knew I wasn't going to get a second but still it is a good motion. MAYOR MEYERS: Well, I knew it, too, but I wanted you to get your motion, or I felt that was how it was going to go. Do we have another motion? COUNCILMAN WEISBACH: I move for approval of the resolution. MAYOR MEYERS: Is there a second? COUNCILMAN BOB LEE, JR. : Second. MAYOR MEYERS: Any further discussion? Those in favor, signify by saying Aye. (Ayes: Mayor Meyers, Councilmen Lee, Weisbach and Brumley) Opposed. (Nayes: Councilman Cokinos) Note that Councilman Moore abstained . . . and Councilman Samuel. I don't sell copiers. COUNCILMAN MIKE BRUMLEY: Our resident experts on the copiers . . . . . . COUNCILMAN COKINOS: Thank you, Mr. Mayor. MAYOR MEYERS: You're welcome. END OF EXCERPT.