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HomeMy WebLinkAboutMIN SEP 04 1990 REGULAR SESSION CITY COUNCIL CHAMBERS HELD SEPTEMBER 41 1990, 7:00 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 4th day of September, 1990, with the following present: HONORABLE: Evelyn M. Lord Mayor Andrew P. Cokinos Mayor Pro Tem Councilman At Large Brian R. Alter Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel* Councilman, Ward III David W. Moore* Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *Councilman Moore arrived at 7:27 p.m. during discussion of Agenda Item No. 5 establishing a policy regarding City employees called to active military service and left the meeting during the first presentation of the public hearing. Councilman Samuel arrived at 7: 38 p.m. immediately before the vote of Agenda Item No. 5. -000- The Invocation was given by Councilman Goodson. The Pledge of Allegiance was led by Mr. Bryan Kirbow who recently returned from service in the U. S. Navy. -000- Mr. Clyde Kirbow, on behalf of he and his wife, Pat, presented a handmade Bluebird house to the City (to be placed in Riverfront Park) and to Mayor Lord. Mr. and Mrs. Kirbow have a deep interest in attracting Bluebirds back to Beaumont. Mr. Kirbow builds the houses and gives them to those interested in attracting Bluebirds. The Kirbows have recently received recognition for their interest, including an article written in the Horizon, a publication for DuPont employees. -000- Public comment on the Consent Agenda and Main Agenda Items 1 through 7 was invited. Mr. Wade Graham, 2810 Wescalder, addressed Council relative to -222- September 4, 1990 compensation to City employees called to active military service (Agenda Item No. 5) . Mr. Graham said consideration should be given the fact that reservists are compensated for their tour of duty. Mr. Ronald Fabriguse, 4955 Irving, addressed Council to request extension of hours of service by the Transit System. Mr. Fabriguse said it is sometimes difficult for unemployed persons to accept jobs because they cannot get transportation to and from work with bus service stopping about 5: 30 p.m. He would like to see the hours extended to about 9: 00 p.m. or 10:00 p.m. The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session conducted August 28, 1990; Resolution No. 90-182 appointing Ted Blanton, Jr. as Planning Commission Chairman and M. L. Lefler, Jr. as Planning Commission Vice-Chairman for terms expiring July 31, 1991; appointing Dr. Bobby Colbert to the Beaumont Advisory Commission for the Prevention of Child Abuse and Neglect for a term expiring June 30, 1992; Olivia Gonzales to the CDBG Citizens Advisory Committee for a term expiring May 31, 1992 ; and William Leonard to the Convention and Tourism Advisory Committee for a term expiring July 31, 1993 ; Resolution No. 90-183 authorizing a License to Encroach into Eleventh Street right-of-way to R. E. Grable, II, President of Grable Enterprises, Inc. and owner of Chula Vista Mexican Restaurant, 1135 North Eleventh Street, who plans to construct a patio that will extend 12 feet 6 inches into the right-of-way and for eight existing parking spaces and a portion of an existing sign already encroaching into the right-of-way for a one-time fee of Five Hundred Dollars ($500. 00) ; and Resolution No. 90-184 approving sale of the property described as Lot 9, Block 3, Marcus 1st Addition at 1992 Tulane Street acquired through foreclosure for delinquent taxes in the amount of Six Hundred Dollars ($600. 00) and execute a Deed Without Warranty to Jose Manuel Villasana and wife, Alicia H. Villasana. The Consent Agenda was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -000- Resolution No. 90-185 authorizing filing an application with the State Department of Highways and Public Transportation (SDHPT) Fund for an additional $76,463 grant in the Public Transportation Fund for the local share of Operating Assistance in Fiscal Year 1991 to help pay the cost of operating the Beaumont Transit system was approved on a motion made by Mayor Pro Tem. Cokinos and seconded by Councilman Alter. Question: Ayes: All Nayes: None -223- September 4, 1990 Resolution No. 90-186 authorizing execution of an Escrow Agreement with the State Department of Highways and Public Transportation (SDHPT) in the amount of $1.2 million for the City's share for the Liberty/Laurel Overpass Project (construction of a grade separation for Liberty and Laurel Avenues at Interstate 10) in accordance with SDHPT Minute Order No. 89664 was approved on a motion made by Councilman Alter and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 90-187 authorizing contracts for furnishing water treatment chemicals with Aluminum Chemicals, Inc. dba Coastal Products & Chemicals, Houston, for aluminum sulfate at $97.95/ton; DX Distributors, Houston, for copper sulfate at $.65/lb. ; Harcros Chemicals, Inc. , Houston, for fluosilic acid at $130.00/ton; Bower Ammonia and Chemical, Philadelphia, PA, for aqua ammonia at $300/ton; Technical Products Corporation, Portsmouth, VA, for zinc metaphosphate at $1,207.80/ton; and Jones Chemical, Houston, for liquid chlorine at $391.50/ton was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 90-188 awarding an annual contract for furnishing security guard and event staff services for special events at Civic Center facilities for an estimated annual cost of $73,830. 00 to Delta Security, Inc. was considered. After questions concerning the per event amount of $492 .20 with an estimated 150 performances requiring this service for an approximate total of $73 ,830. 00, Council decided the resolution should reflect the per event amount. Resolution No. 90-188 was approved as amended on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Cokinos. Question: Ayes: All Nayes: None -000- (Councilman Moore arrived at 7 :27 p.m. during discussion. ) Resolution No. 90-189 adopting a policy for compensating military reservists called to active duty in the current national emergency to include compensation for the difference between their base salary with the City and their military service (full pay with reimbursement to City for difference) and continuance of dependent insurance benefits for a period of 90 calendar days was approved on a motion made by Mayor Pro Tem Cokinos and seconded by Councilman Smith. (Councilman Samuel arrived at 7: 38 p.m. immediately preceding the vote. ) Question: Ayes: All Nayes: None -224- September 4, 1990 Ordinance No. 90-52 adopting a new schedule of fees for use of the landfill reflecting the adjustments necessary to continue to maintain landfill operations on a sound financial basis in the face of rising costs and a decreasing volume of refuse coming in for disposal by increasing charges for commercial haulers for disposal generated in the city from $2 .85 to $3 . 10/per cubic yard for compacted waste and from $2 .25 to $2 .65/per cubic yard for non-compacted waste, rates for refuse from outside the city would be increased from $3 .40 to $4. 15/per cubic yard for compacted materials and from $2 .70 to $3 .50/per cubic yard for non-compacted materials, and instituting a hard-to-handle materials charge of $7. 00/per cubic yard for waste generated in the city and $10/per cubic yard for waste from outside the city effective October 1 was considered: ORDINANCE NO. 90-52 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-24 .7 (B) , OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, ESTABLISHING LANDFILL RATES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. Ordinance No. 90-52 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 90-190 authorizing renewal of a one-year contract with the Mid-County Municipal League for disposal of waste from Nederland, Port Neches and Groves with disposal charges of $3 .75 per cubic yard for up to 125, 000 cubic yards and $4.75 per cubic yard in excess of that amount with a guaranteed minimum payment of $412, 000. 00 regardless of the amount of waste brought to the landfill was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A Public Hearing was opened to consider the proposed City budget for Fiscal Year 1991 and the proposed Capital Program for Fiscal Year 1991 through Fiscal Year 1995. (Councilman Moore left the meeting. ) Ms. Annette Bertanzetti, representing the Southeast Texas Arts Council, introduced some of their participating organizations and representatives, showed a slide presentation outlining their program, goals and objectives and requested continued support from the City in the amount of $120,000. -225- September 4, 1990 Mr. James Yarbrough, President-elect of the Chamber of Commerce requested continued funding in the amount of $50,000 for the Economic Development Council after giving a brief overview of their activities and announcing that Councilman Moore has been added as a liaison from City Council. On behalf of Mr. Tom Lamb, Mr. Yarbrough requested $17,500 for SET, Inc. (Southeast Texas, Inc. ) . COUNCILMAN GOODSON: I just appreciate Mr. Yarbrough and everyone being here. I want to--I should have stated a minute ago, I appreciate everyone on the Arts Council Board also being here. You all are--always been very excellent in providing information, and I applaud all your efforts. Ms. Becki Stedman, Director of the John J. French Museum, requested $10,000 to help with operating expenses of the museum. Ms. Stedman reviewed the purpose of the Heritage Society, highlighted the cultural activities and plans for the future and announced the acquisition of the David French House as a dream come true. Mr. David Hitt, speaking on behalf of Dr. Billy Franklin, President of the Texas Energy Museum who is out of town, introduced Dr. Francis Munch, Director of the Texas Energy Museum. Mr. Hitt critiqued the background, benefits to the community, finances, and current financial need of the Texas Energy Museum and requested funding of $8,000 per month for twelve (12) months. Mr. Barry Long, representing BUILD, explained it is a public/private partnership dedicated to the revitalization of Downtown Beaumont, initiates many programs, and serves as a catalyst and a channel for valuable services and requested $25,000 from the City for its operating budget. Mr. Wade Graham, 2810 Wescalder, asked if there would be a tax increase to fund this year's projected budget. Mayor Lord informed Mr. Graham there would be no tax increase. It will remain at $.54 per $100 assessed valuation. There being no one else to address Council, the Public Hearing was closed. -000- COUNCILMAN SMITH• I don't have any other business, I would just like to make a few comments about the presentations that we had. That's a small number of people who have appeared in the Chamber tonight, but when you think of the hundreds of volunteers that go with each one of those organizations, that we get an awful lot of bang for our buck with the $120, 000 that we give to the Arts. . .It's incredible! . . .I don't know if anyone's ever put a figure to it. -226- September 4, 1990 MAYOR LORD: It would be phenomenal. COUNCILMAN SMITH• It would be phenomenal, and I just am sorry that they've all gone, that I 'm now recognizing them. I think it's fantastic. . .what they do, and I think it's. . .money well spent on them. Mayor Pro Tem Cokinos commended Gulf States Utilities Co. and their employees for placing a yellow ribbon around the top of the Edison Plaza building as a gesture of hope for the return of hostages from the Middle East and in support of our military forces. Councilman Alter congratulated Mr. Riley for an excellent budget preparation and City employees for tightening of belts to allow the tax rate to remain the same for three successive years and reminded citizens there is always a possibility of a tax increase and they play a role in that decision. Councilman Alter challenged citizens to make their purchases in Beaumont, rather than by mail-order or in another city, because of the sales tax revenue to the City. These outside purchases could create an atmosphere for raising taxes to compensate for the loss of revenue necessary for city operation. Councilman Goodson reminded everyone that Councilman Alter will be the comic reader for "Sunday in the Park" and encouraged attendance. Also, Councilman Goodson thanked Mayor Lord for writing a very good letter to all the people participating in the Moccasin Exchange program. Mayor Lord commented that the Moccasin Exchange program is doing very nicely. -000- Mr. Jimmy Cokinos, 1430 Futura, addressed Council regarding the Liberty/Laurel Overpass and said that in 1958 a Minute Order was issued by the Highway Commission to build an overpass whenever traffic justified construction. -000- There being no other business, the meeting was adjourned. -000- I, Rosemarie Chiappetta, 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 4, 1990. Rosemarie Chiappetta City Clerk -227- September 4, 1990 EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 4, 1990 CITY MANAGER: Our next resolution is one which is in regard to paying for temporary military service the difference for various City employees who have been called to active duty at this particular time with regard to the Saudi Arabian or the Gulf Crisis. At last week's Council meeting, Council heard the request for the consideration by one of the wives of one of our police officers who were called up for temporary duty for some assistance and Council determined that they would review the circumstances to determine if some type of policy could be developed where we could provide for some temporary assistance for military leave over and above that that we have done in the past for the annual fifteen days of annual leave while they are absent from duty. We subsequently have made a survey of the various cities. We were told that a number of cities were involved with coming up with a special arrangement and so far we can only find one city which is in the area that has adopted additional policy and that's the City of Orange which will provide full salary for a period of sixty days and then they will be on leave without pay. The remainder of the cities still provide the pay for the first fifteen days and then they will allow for dependents to continue their dependents' coverage for health insurance at their own expense. I believe that it had been the Council 's feeling that something should be done more than what is just currently being done so we've developed some data on trying to determine what could be done over and above the fifteen days but would not be beyond the . . .what would be reasonable or the acceptable or the normal practice by other cities within the state. Currently, we have had three of our employees that have been called up to active duty and it . . . on the average to supplement their salary from what they would be receiving while they are on active duty to . . . by comparison to what they were making with the City would require an additional supplement ranging from some $708 to about $1,200 a month, in fact it ranges from $708, $961 and $1, 197 or about $2,866 a month for those who have currently been called up. We believe that they can be called up for as much as 90 days; the 90 days could be extended. What we have prepared then for your consideration is a resolution then which would authorize additional supplement based on the current information that we have available as to what the city is doing is to where we would pay the supplement between what they will be earning while they are on active duty on a temporary and what they would have been paid from the City for a period of 90 days. This in effect is somewhat longer than the other neighboring cities but most have not done anything. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 4, 1990 Page 2 CITY MANAGER continued: In effect, we will be doing something which is over and above the standard. You can see that the total amount of funds by comparison to what is being spent for other kinds of leaves of absence is not really great. It is not a matter than of saying it is a financial detriment to the City to be able to do this. I think in effect though it is a matter that in each time that one of these occur rather than try to establish a precedent or deal with the future that we ought to deal with the information that we have currently in hand and what we have said is that this current policy it would be in effect for 90 days and at the end of the 90 days, we would have an opportunity to determine what other effects, other impacts, what other changes may have occurred and you can review it to determine whether or not it either should be extended or something else done. It also provides then that we would continue the dependent coverage. From the day they go on active duty, the officer or the employee is covered by the Armed Forces. They will have their own coverage; but I think it takes about 30 days before the dependents receive their coverage. We feel like it would be very difficult in effect to have them come off our plan and currently these are . . . this benefit is being paid by the City. Rather than having them pick it up, we would prefer to continue the dependent coverage at the City's expense. Then the amount of the difference then between the pay that they will receive for a period of 90 days will be paid under the terms of the policy if approved by the City which would range somewhere between $700 to $1,200 a month per individual. So, the total cost range on any month for those that are currently have been called up including the dependent coverage would probably be no more than $3,400 - $3 ,500 a month. The other encouraging fact is that even after this, if the policy were to expire, each of these employees have ranging from some 35 days, 20 days and 12 days of additional pay which could be taken from accrued vacation, personal leave and compensatory time, so, in all cases now they each have an additional three weeks to six weeks of additional pay which could be drawn at their request for accrued vacation, personal leave and even compensatory time. So, it seems to be a very fair package. It meets the problems that are current that is to be able to continue receiving their benefits but it is not for a longer period of time to give us an opportunity to determine what will be a normal course of action by other cities of the State. MAYOR LORD: So, at the end of 90 days, we can assess the whole thing and either change it or readopt it or drop it. EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 4, 1990 Page 3 CITY MANAGER: Yes, yes. As it's been drawn, currently this would be in effect for 90 days. Anybody who is called up during the 90 day period would receive these same benefits; but at the end of the 90 days or approximately the first of December, in order for us to proceed to do anything else will require additional action on the part of the Council. MAYOR LORD: If somebody gets called up a month from now, he would like only have 60 days, right? CITY MANAGER: Yes. MAYOR LORD: In other words, the 90 days is a set period, not rolling with the induction. Are there any questions? COUNCILMAN COKINOS: I have a question. Mr. City Manager, what protection will these city employees have while on temporary military duty and will their job be . . . will their employment be available upon their discharge from the military service? CITY MANAGER: Yes. COUNCILMAN COKINOS: Is it . . . should that be amended in any way? CITY MANAGER: It's not required to . . it's part of the law. There's at least 18 months that we are required to hold it open and in this case we would hold it open longer because we have a real need for qualified, trained individuals in the Police Department and 18 months is of no problem to us what so ever. MAYOR LORD: That's federal law, isn't it? EXCERPT FROM REGULAR CITY COUNCIL SESSION HELD SEPTEMBER 4, 1990 Page 4 COUNCILMAN COKINOS: You keep it open for how long? CITY MANAGER: A minimum of 18 months. We are required to keep it for 18 months. I'm saying that would be the minimum. We will anticipate we will always have a position for these employees even if they were called up for long term active duty in excess of two years. We always need trained, qualified police officers so . . . . . . COUNCILMAN COKINOS: But these employees are protected upon their discharge? That's good. CITY MANAGER: Yes. MAYOR LORD: Are there other questions? COUNCILMAN COKINOS: I so move for approval. COUNCILMAN SMITH: Second. MAYOR LORD: It's been moved and seconded. All those in favor, please say Aye. (All votes favorable) Nayes . . . (none) . The Ayes have it and the motion is carried. END OF EXCERPT