HomeMy WebLinkAboutMIN FEB 28 1995 REGULAR SESSION
CITY COUNCIL- CITY OF BEAUMONT
HELD FEBRUARY 28, 1995 - 1:30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this
the 28th day of February, 1995, with the following present:
HONORABLE: David W. Moore Mayor
John K. Davis Mayor Pro Tem
Councilman,Ward III
Andrew P. Cokinos Councilman-At-Large
Becky Ames Councilman-At-Large
Lulu L. Smith Councilman,Ward I
Guy N. Goodson Councilman,Ward H
Calvin Williams Councilman,Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Barbara Liming Deputy City Clerk
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The Invocation was given by the Reverend Roy Malveaux, Mount Zion Baptist Church.
The Pledge of Allegiance was led by Mayor Moore.
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Mayor Moore announced that an executive session will be held following the workshop session in
accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation:
the Claim of Cindy and Pat Cross.
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Three Proclamations were issued: "Purchasing Month," March, 1995; "Texas Public Schools Week,"
February 27 -March 3, 1995; and "Top Ladies of Distinction Weekend," March 3 - 5, 1995.
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Citizen comment was invited on the Consent Agenda and Main Agenda Items 1, 2 and 4 through 9.
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Mrs. Pat Henderson, 970 Saxe, addressed Council to express support for passage of Consent Agenda Item d
and Main Agenda Item 8 authorizing purchase of office furniture and commercial gym equipment for the
Magnolia Park Activity Center respectively, commended the action of Council for construction of the activity
center, said the complex will be great for the north end of Beaumont, and as Chairman of the Parks and
Recreation Advisory Committee, commended all the action taken for this project.
Mr. Robert Lynn DeMary, 430 East Elgie, on behalf of the neighborhood associations, commended Council
for their interest in the Magnolia Park Activity Center and in support of the Community Oriented Policing
grant.
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The following Consent Agenda items were considered:
Approval of the Minutes of the regular City Council session held February 21, 1995;
Resolution No. 95-65 appointing Terry Celi to the Beaumont Advisory Commission for Prevention of
Child Abuse and Neglect; Carolyn Howard to the Sister City Commission; and Anita Heilman to the
Community Development Advisory Committee for terms expiring February 27, 1997;
Resolution No. 95-66 authorizing acquisition of a thirty (30) foot drainage easement from Ms. Maria
Consuelo Williams on her property on Patricia Road along the south line of Lot 14, Block 1, Ferguson
Addition for the negotiated value of$650.00;
Resolution No. 95-67 authorizing purchase of office desks and chairs from Lamb's Office Products in the
amount of$22,484.00 for the Magnolia Park Activity Center;
Resolution No. 95-68 authorizing purchase of two (2) spotlights for the Convention Facilities Division to be
used in the Julie Rogers Theater in the amount of$16,480.00 from Oleson, a Division of Entertainment
Resources, Inc;
Resolution No. 95-69 authorizing purchase of eight (8) 34-foot strain poles with 8-foot luminaire arms at
$2,198.00 each and eight(8)34-foot strain poles at $1,938.00 each for a total cost of$33,088.00 from JEM
Engineering to be used for intersection signals on Spur 380, Martin Luther King, Jr. Parkway and designed
for use in 100 mile per hour winds;
Resolution No. 95-70 authorizing Change Order No. 1 in the amount of$12,535.84 for fence replacement
with an entrance gate and guardrail to the contract with Russ Miller Construction Company for
improvements to the Transit Facility parking area increasing the total contract amount to $211,698.65; and
Resolution No. 95-71 endorsing the Southeast Texas Intermodal Transportation Plan prepared by the
Southeast Texas Regional Task Force on Transportation to improve highway access to the north to provide
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a greater capacity for hurricane evacuation and good movement to and from area ports.
The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman
Smith.
Question: Ayes: All Nayes: None
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Resolution No. 95-72 authorizing application and acceptance of a three-year Community Policing Grant
from the Bureau of Justice Assistance which would provide $150,000 per year for a total amount of$450,000
to help pay salaries of six (6) additional police officers was approved on a motion made by Councilman
Cokinos and seconded by Councilman Ames.
Question: Ayes: All Nayes: None
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Resolution No. 95-73 authorizing a one-year contract with Fireman's Fund through Insurance Concepts
in the amount of$68,154.00 to provide fire, flood and extended coverage insurance for all buildings and
contents owned by the City of Beaumont was approved on a motion made by Councilman Goodson and
seconded by Councilman Smith.
Question: Ayes: Mayor Moore Nayes: None
Mayor Pro Tem Davis
Councilman Ames
Councilman Smith
Councilman Goodson
Councilman Williams
Abstained: Councilman Cokinos
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EXCERPT
City Manager
The third item is public hearing which we'll have for implementing the paratransit requirements of the ADA
and I'd ask Tom Warner to explain or update the Council on what is being done with regard to ADA and the
paratransit plan.
Tom Warner
Thank you, Mr. Riley. With the passage of the ADA, Americans with Disabilities Act of 1990, the Federal
Transportation Administration placed requirements on transportation or transit systems to provide a specific
55
level of service with their, in our case, our special transit service. Regulations were passed in 1992 in which
we had to list the deficiencies within our system, how we were going to overcome those deficiencies, and
basically, present them a time frame in which that would be completed. In 1992, we submitted our plan for
implementing paratransit requirements in accordance with the American Disabilities Act. Our major obstacle
has been that we have been unable to provide adequate capacity. We have gone through the process, evaluated
how we can increase that and have met with FTA and reached upon the conclusion that the best way to do it
was to go ahead and add four(4)additional paratransit vans to the system. Since 1993, that has been the only
milestone that we have not been able to complete within the plan. With our grant approval during this fiscal
year,we now have funds available to go ahead and purchase the additional vans and will be doing so, and with
that, will then come in compliance and then we're basically telling the Federal Transit Administration that's
what our plan is, and this is our annual update on our plan.
Mayor Moore
Council, you've heard the reading of Item 3, are there any questions?
Councilman Cokinos
So moved for approval.
City Manager
We need to have the public hearing.
Councilman Goodson
You need to open the public hearing.
Councilman Cokinos
Oh, public hearing? Okay.
Mayor Moore
At this time we will have a public hearing on Item 3. Does anyone in the audience who would care to make
comment in regards to this item,we ask you only come to the microphone and give us your name and address,
please. (no responses)
Having opened the public hearing, I will now close the public hearing.
END OF EXCERPT
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Resolution No.95-74 adopting the 1995 Annual Update for a Plan Implementing the Complementary
Paratransit Requirements of the American with Disabilities Act of 1990 was approved on a motion made
by Councilman Cokinos and seconded by Councilman Ames.
Question: Ayes: All Nayes: None
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Resolution No. 95-75 authorizing purchase of four(4) Paratransit vans equipped with wheelchair lifts from
Texas Bus Sales, Inc. at a cost of$54,275.00 each for a total of$217,100.00 for the Beaumont Municipal
Transit was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos.
Question: Ayes: All Nayes: None
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Resolution No. 95-76 approving Amendment No. 2 to the Texas Department of Transportation Public
Transportation Fund Contract to add $105,416.00 to the operating line item and bringing the total grant
assistance to $255,778.00 for the Beaumont Municipal Transit System was approved on a motion made
by Councilman Ames and seconded by Councilman Cokinos.
Question: Ayes: All Nayes: None
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Resolution No. 95-77 authorizing a contract with Kay's Composition for printing of comprehensive
brochures for the Convention and Visitor's Bureau in the amount of$41,396.50 was approved on a
motion made by Councilman Ames and seconded by Councilman Goodson.
Question: Ayes: All Nayes: None
Mayor Pro Tem Davis questioned bid advertising procedures, notification to vendors, maintenance of lists for
securing bids and asked if he could review the list and add suggestions. Mr. Riley explained that bids are
advertised in the Beaumont Enterprise, a bidders list is maintained and those on the list are notified of forth-
coming bid openings for their products or services, the list is usually compiled from interested bidders who
approach the Purchasing Division and ask to be included by mail or personally and said the City keeps the list
updated to promote competitive and economical bids and add new businesses and told Mayor Pro Tem Davis
he could view the lists in the Purchasing Division..
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A resolution authorizing an annual contract with The Lube Shop for vehicle maintenance at $16.69 for
automobiles,pick-up trucks and vans and$28.90 for diesel pick-up trucks for an annual estimated expenditure
of$40,984.00 was introduced. Mr. Riley said that Texaco Express Lube submitted a lower bid in the amount
of$32,197.20, but Staff recommends acceptance of The Lube Shop because of extensive waiting time and
unsatisfactory service by Texaco Express Lube.
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A lengthy discussion included questions by Council regarding the waiting time for service versus an $8,000
difference annually between the bids, the length of waiting for service and there being no assurance of long
waits for service by The Lube Shop. Councilman Smith pointed out that in the backup information provided
Council, not only did the routine maintenance exceed the 25 minute time limit outlined in the specs, but
vehicles were not properly maintained and damages were incurred as a result of improper maintenance. The
City Manager explained that the time delay is in the 45 minutes to an hour wait before maintenance begins on
the vehicles and that the cost of damages was reimbursed. Further concern was expressed about the $8,000
difference in bids and discussion included the possibility of speaking with Texas Express Lube about the
lengthy delays, a clause rescinding the contract if service is not provided according to specifications, the
difference in the cost of the diesel vehicles, opportunity for small business to compete, inadequate records in
the past and the message that would be sent by again accepting a bid that does not provide good service.
A resolution to approve an annual contract with The Lube Shop to provide routine vehicle maintenance
failed to pass on a motion made Councilman Goodson and seconded by Councilman Smith.
Question: Ayes: Councilman Ames Nayes: Mayor Moore
Councilman Smith Mayor Pro Tem Davis
Councilman Goodson Councilman Cokinos
Councilman Williams
Resolution No. 95-78 authorizing an annual contract to provide routine maintenance for City vehicles at
$13.99 for automobiles and pickup trucks and$14.99 for diesel pickup trucks and vans for an estimated annual
total of$32,197.20 with Texaco Express Lube was approved on a motion made by Councilman Williams
and seconded by Councilman Cokinos.
Question: Ayes: Mayor Moore Nayes: Councilman Ames
Mayor Pro Tem Davis Councilman Smith
Councilman Cokinos Councilman Goodson
Councilman Williams
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Resolution No.95-79 authorizing purchase, delivery and installation of commercial gym equipment in the
amount of$37,315.00 and a minimum of eight(8)hours of training from Health Line, Inc. for the Parks and
Recreation Department, Magnolia Park Activity Center was approved on a motion made by Councilman
Goodson and seconded by Councilman Smith.
Question: Ayes: All Nayes: None
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Resolution No. 95-80 accepting the bid submitted by Pump & Equipment of Texas, Inc. in the amount of
$36,900.00 for rehabilitation of two (2) low-head pumping units for the Water Production Division of the
Water Utilities Department was approved on a motion made by Councilman Goodson and seconded by
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Councilman Smith.
Question: Ayes: All Nayes: None
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Councilman Goodson thanked the BISD Trustees that were able to attend the joint meeting with Council last
night, said it was interesting not only to meet with them, but to gain a greater appreciation for a number of
issues that are not headline news but press upon them and have interaction with the business of City Hall. He
said he is always amazed with the interplay of ideas and said he thinks citizens should know the meetings will
continue monthly, and very positive results have been produced. He said that last night they learned there
could be a joint use of facilities to help some at-risk children after school and said definite progress is being
made.
Mayor Moore added his thoughts that the conversation with BISD has been excellent, thanked Mayor Pro Tem
Davis and Councilman Smith for the initial efforts made with these meetings, complimented the information
that Councilman Smith brought forward at last night's meeting, said last night was filled with candid
conversation, and it appears that a unique opportunity is available to benefit all citizens and would be sharing
those ideas with the City Manager to increase the City's level of service opportunities, and asked for
consideration to installation of a weekend answering service for citizens calls that can be retrieved after hours.
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Mr. Bruce Hoffer, 2615 Gladys, addressed Council to ask if assessment of whole community involvement in
the recycling program has been considered. Mayor Moore told Mr. Hoffer the initial proposal included that
thought and said the recycling program will be discussed in workshop session.
Dr. Tom Nelson and Dr. Bruce Drury were prepared to comment on the recycling program, but were told that
recycling would be the topic of the workshop and that the regular procedures would be waived and citizens
would be given opportunity to express their views after a presentation by Staff.
Mr. Robert Lynn DeMary, 430 East Elgie, addressed Council to report that the Charlton-Pollard Revitalization
made the headlines of the Comumm
Lty News (distributed copies to Council), said that he saw crews removing
the junk yard on Lincoln Street and commented that Daniel's Tile has begun a revitalization of their building
on Sabine Pass and Emmet.
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There being no other business, the regular session of City Council was recessed to reconvene in workshop
session.
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I,Barbara Liming, Deputy 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 February 28, 1995.
Barbara Liming
Deputy City Clerk
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PUBLIC HEARING
FEBRUARY 28, 1995
1995 ANNUAL UPDATE FOR A PLAN IMPLEMENTING
THE PARATRANSIT REQUIREMENTS OF THE ADA OF 1990
THOSE PRESENT: David W. Moore Mayor
John K. Davis Mayor Pro Tem
Councilman,Ward III
Andrew P. Cokinos Councilman At Large
Becky Ames Councilman At Large
Lulu L. Smith Councilman,Ward I
Guy N. Goodson Councilman,Ward H
Calvin Williams Councilman,Ward IV
Ray A. Riley City Manager
Lane Nichols City Attorney
Barbara Liming Deputy City Clerk
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EXCERPT
City Manager
The third item is public hearing which we'll have for implementing the paratransit requirements of the ADA
and I'd ask Tom Warner to explain or update the Council on what is being done with regard to ADA and the
paratransit plan.
Tom Warner
Thank you, Mr. Riley. With the passage of the ADA, Americans with Disabilities Act of 1990, the Federal
Transportation Administration placed requirements on transportation or transit systems to provide a specific
level of service with their, in our case, our special transit service. Regulations were passed in 1992 in which
we had to list the deficiencies within our system, how we were going to overcome those deficiencies, and
basically, present them a time frame in which that would be completed. In 1992, we submitted our plan for
implementing paratransit requirements in accordance with the American Disabilities Act. Our major obstacle
has been that we have been unable to provide adequate capacity. We have gone through the process, evaluated
how we can increase that and have met with FTA and reached upon the conclusion that the best way to do it
was to go ahead and add four(4)additional paratransit vans to the system. Since 1993, that has been the only
milestone that we have not been able to complete within the plan. With our grant approval during this fiscal
year,we now have funds available to go ahead and purchase the additional vans and will be doing so, and with
that, will then come in compliance and then we're basically telling the Federal Transit Administration that's
what our plan is, and this is our annual update on our plan.
Mayor Moore
Council, you've heard the reading of Item 3, are there any questions?
Councilman Cokinos
So moved for approval.
City Manager
We need to have the public hearing.
Councilman Goodson
You need to open the public hearing.
Councilman Cokinos
Oh, public hearing? Okay.
Mayor Moore
At this time we will have a public hearing on Item 3. Does anyone in the audience who would care to make
comment in regards to this item,we ask you only come to the microphone and give us your name and address,
please. (no responses)
Having opened the public hearing, I will now close the public hearing.
END OF EXCERPT
Resolution No.95-74 adopting the 1995 Annual Update for a Plan Implementing the Complementary
Paratransit Requirements of the American with Disabilities Act of 1990 was approved on a motion made
by Councilman Cokinos and seconded by Councilman Ames.
Question: Ayes: All Nayes: None