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HomeMy WebLinkAboutMIN OCT 21 1986 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD OCTOBER 21, 1986 -- 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 21st day of October, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV C. A. Shelton Chief of the Fire Department Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by The Very Reverend Joseph Bertrand, St. Anne's Catholic Church. The Pledge of Allegiance was led by Mayor Pro Tem Moore. -000- Mayor Meyers called an Executive Session, pursuant to Section IIe of the Texas Open Meetings Act, to consider pending and contemplative litigation in the ESM loss, to be held immediately following the regular City Council session. -000- Several proclamations were issued: "Higher Education Week in Beaumont" - October 25-31, 1986; "United Nations Day" - October 24, 1986; and "National Business Women's Week in Beaumont" - October 19-25, 1986. -000- MAYOR MEYERS: I am really delighted to have opportunity to make the following two awards. Without digressing too far from the awards themselves, we have within our City a committee which is known as the Mayor's Committee for Employment of Disabled Persons and each year that committee selects two individuals who represent in each case an employer and an employee who they have determined is most worthy and I would like to first again ask Alan Avellar (Assistant Vice President for Personnel and Staff Development, Lamar University) if he will come forward for President Billy Franklin and all at Lamar University because Lamar University has been nominated by David Jepson, Texas Commission for the Blind, and has been selected for this year's Employer Award. -227- October 21, 1986 MAYOR MEYERS continued: Lamar University employs several disabled persons in various departments and positions. They actively encourage and promote employment opportunities and notify rehabilitation agencies of job vacancies. They strive to make their campus accessible as well as encouraging the disabled to be involved in student government affairs. Dixie Collier, Coordinator of Services for Handicapped Students, has been extremely supportive in meeting the needs of disabled students and coordinating efforts with such agencies as the Texas Rehabilitation Commission and the Texas Commission for the Blind. And, on behalf of many of the members, in a moment who I will introduce who are in the back, of the Mayor's Committee for Disabled Persons, we are very pleased, Alan, to present this to you for Lamar University in Dr. Billy Franklin's behalf and for those that are represented by this expression, we thank you very much. MR. ALAN AVELLAR: Thank you. I appreciate it very much. We at Lamar are -very proud of our track record when it comes to servicing the disabled and we pledge to you that we will continue to do this and try to improve the quality of services we now offer. MAYOR MEYERS: Thank you so much. Thank you. . . . Don Kelly is serving now as the Chairman of the Mayor's Committee for Employment of the Disabled and Don, would you introduce all of the members that are present. MR. DON KELLY: First of all, David Jepson from the Commission for the Blind and David was Chairman of our Awards Committee; Scott Harper and Susan Olsen from the MHMR Center of Southeast Texas; Sam Bean, my very able vice-chairman; Margaret Harmon on the City staff who has given great support to this effort and we appreciate it here. I think that's all that's present at this time. MAYOR MEYERS: Okay, thank you, Don. Following this presentation, I am going to ask you to join with Councilman Lee and while you are here speak a little bit about this Sunday; but, I am going to come down and join you in just a moment. But, I think this particularly recognizes an individual who most deservedly has been recognized as the Employee of the Year by the Mayor's Committee for Disabled Persons. The recipient is Mr. Tom Walters. Tom was nominated by Polly Walton of the Texas Rehabilitation Commission and he has been selected for this year's Disabled Employee Award. Tom is a totally blind Health teacher at West Brook 9th Grand campus in Beaumont. He is a campus representative for the Beaumont Teachers' Association and is a member of the Texas State Teachers' Association, Texas High School Coaches' Association and Forest Park Lions Club. He is also very active in Bleeper Baseball and plays on the Beaumont Beepers Baseball Team and is on the National Beeper Baseball Board of Directors. -228- October 21, 1986 MAYOR MEYERS continued: Tom, we are very proud to present to you this certificate awarding you the recognition as the Disabled Person of the Year. It states, "In recognition of your achievements and successfully overcoming barriers to employment and serving as an inspiration to other disabled persons" . . . dated October, 1986 and it is signed by Mr. Don Kelly and myself. I'll be right there. Tom, it is my pleasure to present this certificate to you and everything as I understand it about your daily life and activities doesn't indicate that you are disabled at all. It seems like you are willing to do more than most people who have no handicap. So, I compliment you for that. I am very proud to present this to you. Make any comments that you will feel comfortable. MR. TOM WALTERS: Well, I guess the biggest thing I could say is that I couldn't have done this by myself if the School District hadn't taken a chance on me. I coached for 14 years at this School District and other school districts and I was blinded in a hunting accident five years ago and they gave me the chance to come back. The Commission for the Blind was very helpful in that and my fellow teachers made it a lot easier. I guess the biggest thing, too, is that my folks must have raised me right; but, basically, like I said, it's the people that I've been around that have gone out of their way to help me. I had a lot of incentive; trying to get by on disability is not particularly easy when you have been used to making more money. That will do something; economics will drive you. But, anything I've accomplished is due mostly to the people who are willing to give me a chance and go out of their way to help me and I guess the other thing is that my religious faith has helped me a lot. I professed to be Christian for thirty years but the last five really drove home what it means. When you understand what Christ did for us, it is a lot easier to accept what we've got to face here and, like I said, if I've got to accept this for me, I've got to accept it for everybody else who made it possible for me to be here. Thank you. -000- COUNCILMAN LEE: I've had the opportunity to meet with many of the members of the Mayor's Committee for Disabled Persons and it is very stimulating to see how much enthusiasm and how much activity has gone on in planning this week's Sunday in the Park (October 26th) and I noticed Sammy has a great report to give us and, judging from what I've heard, it is going to be one of the best, if not the best, that we've had. MR. SAM BEAN: . . . We have a real wonderful program. We just hope that we have the response from the community that we are anticipating. We'll start at 2:05 with the Mind Probe and the Central High Choir . . . the Nuclear Rockers, face painting, chest demonstrating by the blind, sign language, the Beeper Ball, Dunking Booth, pony riding and various prizes for the kids. We have made contact with a lot of the business people in the area and they are responding very good and we really, really want to be thankful to those of you who are participating in this project because it is something we feel is going to make a change in some of the attitudes of the people that are on the disabled and the handicapped area that we are dealing with now. Thank you so much. -229- October 21, 1986 The following Consent Agenda items were considered: Resolution 86-322 appointing Ed Sigee to the Community Development Block Grant Citizens Advisory Committee replacing Suzy Juncker with a term ending May 31, 1988; and Resolution 86-323 authorizing the City Manager to execute Change Order No. 3 to the contract with Teal Construction Conmpany in the amount of $10,872.20 for the Riverfrong Park Pedestrian Underpass to provide for additional retaining walls to prevent further slope failures, 30 cubic yards of 60/40 backfill material and 112 square yards of St. Augustine grass (total contract to $51,937.80). Resolution 86-322 was approved on a motion made by Councilman Samuel and seconded by Councilman Cokinos. Question: Ayes: All Napes: None After a brief discussion, 'Resolution 86-323 was approved on a motion made by Councilman Cokinos and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- Public Hearing was called to consider the below-listed dilapidated structures: 165 COTTONWOOD - Marietta Green, owner (14 vioaltions), recommendation to raze or repair within 30 days; 2540 PINE STREET - Charles M. Bowman, owner (10 violations), recommendation to raze within 30 days; 2908 TALIAFERRO (14 violations), recommendation to raze or repair within 30 days and 2910 TALIAFERRO (14 violations), recommendation to raze or repair within 30 days - Dickson Investment Company c/o William S. Dickson, owner; 3530 WEST - Jim Winf ord, owner (14 violations), recommendation to raze within 30 days; 4515 BUFFALO - Herbert Cane et ux, owner (11 violations), recommendation to raze or repair within 30 days; 1715 IVES - Linda J. Marks, owner (12 violations), recommendation to raze or repair within 30 days; 2495 CABLE - 13 violations, recommendation to raze or repair within 30 days and 2495 CABLE (GARAGE) - 4 violations, recommendation to raze within 30 days, Vellies Mayfield, owner; 1735 IRVING - 0. Cozier c/o Toni Cleaver, M .D. , owner (16 violations), recommendation to raze within 30 days; 1955-93-95-97 IRVING - Patricia Daigle, owner (12 violations), recommendation to raze within 30 days; 1510 MADISON - John Revak Estate, owner (12 violations), recommendation to raze or repair within 30 days; 3775 MARIE - Eddie Greer, owner (13 violations), recommendation to raze or repair within 30 days and 3461 ST. JAMES - Amelia Melonson and Annie Sadler, owners (11 violations), recommendation to raze within 30 days. The structures listed below have been condemned by City Council and the owners ordered to either repair or raze the structures within specified time frames. Reinspection of these structures has revealed non-compliance with the Council's order. The Housing and Neighborhood Conservation Department/Code Enforcement Division is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the owners with the cost of the demolitions: 1185 MAGNOLIA and 1075 WILLOW. -230- October 21, 1986 There being no one to address City Council concerning dilapidated structures, the public hearing was closed. Ordinance No. 86-106 declaring certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 86-106 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Weisbach. Question: Ayes: All Nayes: None -000- (Mayor Meyers left the session during the discussion of these items.) Ordinance No. 86-107 authorizing the execution of a supplement to the City of Beaumont lease purchase agreement with the Houston-Galveston Equipment Finance Corporation was considered: ORDINANCE NO. 86-107 ENTITLED AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF BEAUMONT (THE "PARTICIPANT") RELATING TO THE LEASE PURCHASE AGREEMENT BY AND BETWEEN THE PARTICIPANT AND HOUSTON- GALVESTON EQUIPMENT FINANCE CORPORATION, AS LESSOR, HERETOFORE EXECUTED AND DELIVERED PURSUANT TO AN ORDINANCE OF THIS GOVERNING BODY ADOPTED ON THE 1ST DAY OF AUGUST, 1986; APPROVING CERTAIN AMENDMENTS TO SUCH LEASE PURCHASE AGREEMENT AND PROVIDING FOR SUCH AGREEMENT, AS SO AMENDED, TO BE RESTATED AS A MATTER OF CONVENIENT REFERENCE TO THE PARTIES; RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS HERETOFORE TAKEN IN CONNECTION THEREWITH; APPROVING THE ASSIGNMENT OF THE RESTATED AND AMENDED LEASE PURCHASE AGREEMENT AND THE PRIOR ISSUANCE OF THE CERTIFICATES OF PARTICIPATION OR OTHER EVIDENCE OF OWNERSHIP THEREIN; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. Councilman Cokinos raised questions concerning IBM's business involvement in South Africa. -231- October 21, 1986 The ordinance was approved on a motion made by Councilman Weisbach and seconded by Councilman Brumley. Question: Ayes: Councilman Lee Nayes: Councilman Cokinos Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- ordinance No. 86-108 authorizing execution of a supplemental lease agreement for financing of computer hardware and system software through the Houston- Galveston Area Equipment Finance Corporation with a drawdown of $445,000.00 was considered: ORDINANCE NO. 86-108 ENTITLED AN ORDINANCE BY THE GOVERNING BODY OF THE CITY OF BEAUMONT (THE "PARTICIPANT") AUTHOR- IZING THE EXECUTION AND DELIVERY OF A SUPPLEMENT TO ITS LEASE PURCHASE AGREEMENT WITH HOUSTON- GALVESTON EQUIPMENT FINANCE CORPORATION DATED AS OF AUGUST 1, 1986; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF LEASE PAY- MENTS THEREUNDER; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Weisbach. Question: Ayes: Councilman Lee Nayes: Councilman Cokinos Councilman Weisbach Councilman Brumley Councilman Samuel Councilman Moore -000- Councilman Weisbach reported there will be a "War on Drugs" flag raising at 11:30 a.m. , November 18, 1986, in front of City Hall and urged all to participate in the event. Councilman Brumley mentioned last week's Sunday in the Park festivities saying that children (Little Miss Pageant participants) entertained children and it was a delightful afternoon. Counclman Moore reported receiving a complaint about overgrown weeds at 2290 Morrison. -000- -232- October 21, 1986 Mr. Henry Dannenbaum, 695 Avenue C, addressed Council to again express his support for halfway houses in the communities. (Mayor Meyers returned to the session. ) -000- There being no further business, the session was recessed before continuing with the Executive Session called earlier. (Mr. Hoke Peacock, the City's local consulting attorney in the ESM financial loss matter, was delayed in federal court. Executive Session was postponed to 10:30 a.m. , October 22, 1986. ) The regular session of City Council was reconvened at approximately 11:15 a.m. , Wednesday, October 22, 1986, with the following present: HONORABLE: Maurice Meyers Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II David W. Moore Councilman, Ward IV Absent: Audwin Samuel Councilman, Ward III Albert Haines City Manager Lane Nichols City Attorney -000- Ordinance No. 86-109 relating to a settlement agreement with First City National Bank, Beaumont, in connection with the collapse of E.S.M. Government Securities, Inc. was considered: ORDINANCE NO. 86-109 ENTITLED AN ORDINANCE AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND RELATED DOCUMENTS WITH FIRST CITY NATIONAL BANK OF BEAUMONT; PROVIDING FOR THE LEVYING AND COLLECTION OF A SUFFICIENT TAX TO PAY THE INTEREST ON SUCH SUFFICIENT TAX TO PAY THE INTEREST ON SUCH OBLIGATIONS INCURRED AND TO PROVIDE A SINKING FUND; AND PROVIDING FOR SEVERABILITY. Mr. Hoke Peacock, Consulting Attorney, explained the proposed ordinance and related documents (Release and Indemnity Agreement, Assignment of Production Payments, Schedule of Mineral Leases, and the Guaranty and Security Agreement) to Council. He said the City has agreed to accept settlement of $1.0 million plus simple interest on the unpaid balance (payment to be at the rate of at least $130,000 per year) in the form of an assignment to the City of production payments "out of the royalties payable to the Bank pursuant to the oil, gas, and mineral leases" - to be paid over a period not to exceed ten years (and should be paid in approximately 6 years). -233- October 21 , 1986 The ordinance was approved on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Abstained: Councilman Councilman Lee Weisbach Councilman Cokinos Councilman Brumley Councilman Moore Nayes: None -000- There being no further business, the session was adjourned. -000- 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 October 21, 1986 and subsequent adjournment of October 22, 1986. Myrtle Corgey City Clerk -234- October 21, 1986