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HomeMy WebLinkAboutMIN APR 03 1984 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD APRIL 3 , 1984 BE IT REMEMBERED that the City Council of the City of Beaumont , Texas , met in regular session this the 3rd day of April , 1984 , with the fol- lowing present : HONORABLE: William E. Neild Mayor Bill Cox Councilman , Ward I Evelyn M. Lord Councilman , Ward II Joseph D . Deshotel Councilman, Ward III David W. Moore Councilman , Ward IV Karl Nollenberger City Manager Hugh Earnest Asst . City Manager Lane Nichols City Attorney -000- The Invocation. was given by the Reverend Dan. Dark, Westwood Bible Church. The Pledge of Allegiance was led by Councilman Deshotel. -000- The following proclamations were issued; "World Health Day in Beaumont" - April 7, 1984 ; "Special Olympics Day in Beaumont" April 4, 1984 and "YMBL Rodeo Days in Beaumont" - April 5 , 6 & 7 , 1984. -000- Items of the Consent Agenda were considered: Resolution 84-111 appointing Murry Frank, Yvonne Craig, H. M. Nix, Jr. , and Ed Edson, III , (terms expiring December 7, 1985) and Gerald Clark to fill the unexpired term of W. W. Phillips-, Jr. and Charles Glass to fill the unexpired term of Judge Richard P. LeBlanc, terms expiring December 7, 1984 to the Reinvestment Zone No. 1 Board of Directors; Resolution. 84-112 authorizing final payment to Lupton Cleaning and Paint ing Company in the amount of $6 ,840. 00 for cleaning and painting the ex terior of the 1 . 5 M. G. elevated water tank at 3705 E. Lucas; and Resolution 84-113 awarding a six-month contract to Troy Dodson Construction Company for cement stabilized sand (:12 sack at $12. 00 per ton and 2 sack at $14. 00 per ton) used in bedding pipe primarily i•n the Water and Sewer Divi- sion with a smaller amount utilized by the Street Division. The Consent Agenda was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000 Ordinance No. 84-48 amending the 1984 budget and authorizing execution of a contract with Sibson and Company, Inc. for professional services related to the development of a Classification-Compensation Plan for the City of Beaumont was considered: ORDINANCE NO. 84-48 ENTITLED AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH SIBSON & COMPANY, INC. AND AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL PERIOD COMMENCING OCTOBER 1 , 7.983 BY TRANSFERRING $115,000 FROM THE UNAPPROPRIATED FUND BALANCE TO THE PROFESSIONAL SERVICES LINE ITEM WITHIN THE PERSONNEL DEPARTMENT; PROVIDING FOR SEVER.ABILITY AND PROVIDING FOR REPEAL. -52- April 3 , 1984 The third and final reading of Ordinance No. 84-49 amending commercial closed container sanitation franchises was held: ORDINANCE NO. 84-49 ENTITLED AN ORDINANCE AMENDING THE FRANCHISE HERETOFORE GRANTED TO REM WASTE CONTROL, INC. ; BROWNING FERRIS INDUSTRIES, INC. ; AND WASTE EXPRESS, INC . , THE SAME BEING ORDINANCES 83-155 , 83-156; AND 83-157 WHICH GRANTED THE RIGHT TO OPERATE COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; TO MANED THE BOND REQUIREMENT IN THE INDEMNITY AGREEMENT AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Lord and secon- ded. by Councilman Moore. Question : Ayes: All Nayes : None -000- Ordinance No. 84-50 prohibiting the sale of baby chicks, ducklings, goslings, skunks, raccoons, opposums, foxes, turtles, or bats under three (3) weeks of age - or rabbits under two (2) months of age - as pets was considered: ORDINANCE NO. 84-50 ENTITLED AN ORDINANCE MAKING IT AN OFFENSE TO SELL:, OFFER FOR SALE, BARTER, LEASE OR GIVE AWAY, OR CHANGE THE NATURAL COLOR OF CERTAIN BABY ANI- MALS IN THE CITY OF BEAUMONT; PROVIDING FOR SEV- ERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. The ordinance was approved on a motion made by Councilman Lord and se- conded by Councilman Deshotel. Question : Ayes : All Nayes : None -000 Resolution 84-114 authorizing the City Manager to accept $11 , 195. 67 in payment of taxes, penalty and interest due the City in settlement of the case styled Sunlight Manor vs. the City of Beaumont was approved on a mo- tion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes: All Nayes : None -000 Resolution 84-11.6 authorizing Change Order No. 2 to the contract with John Bankston Construction and Equipment Rentals, Inc. , to adjust the contract to reflect actual quantities of materials installed and the contract comple- tion date decreasing the amount from $455, 500 to $453 ,903 and authorizing final payment of $22 , 770. 15 to the contractor for construction of Contract 8B/9B, Sanitary Sewer Improvements was approved on a motion made by Council man Lord and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 84-117 authorizing payment to Miles Electronics for emergency repair work on the backup battery system used for emergency lighting at theCivic Center in the amount of $1 , 725. 20 was approved on a motion made by Councilman Cox and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- -53- April 3 , 1984 Resolution 84-118 authorizing purchase of 1 ,000 gallons MSMA herbicide at $8. 80 per gallon_ and 30 gallons of Herbicide at $77. 00 per gallon from Helena Chemical Company and 60 gallons Nalco-Trol I at $26.43 per gallon from Van Waters and Rogers was approved on a motion made by Councilman Cox and seconded by Councilman Lord. Question : Ayes : All Nayes : None -000- Resolution 84-119 authorizing purchase of a, one-half ton pickup truck with service body from Kinsel Ford, Inc. at $9, 079. 10 was approved on a motion made by Councilman Moore and seconded by Councilman Deshotel. Question : Ayes : All Nayes : None -000- Resoi.,.: : -_'nn 84-v120 authorizing purchase of 2 Serial Printers at $3 , 350. 00 and I Daisywheel Teleprinter at $2 , 365. 00 from Helena Laboratories; 2 8-Channel Multiplexors at $4 ,996. 00 and 2 Asynchronous Line Drivers at $454. 50 from Data Aids ; 2 Lease Line Modems at $947. 90 from Anderson Jacob- son and 16 Terminals at $10,064. 00 from Devcom Mid America was approved on a motion made by Councilman Lord and seconded by Councilman Cox. Question : Ayes : Mayor Neild Abstained: Councilman Councilman Cox Moore Councilman Lord Councilman Deshotel -000- Resolution 84-121 authorizing purchase of two tractors from International Harvester at $23 , 878. 00 and two flail mowers from Oil City Tractors at $4 ,242.. 00 for the Parks Department was approved on a motion made by Coun- cilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- Resolution 84-122 amending Guidelines of the Commercial Rehabilitation Loan Program 1983 Jobs Bill Statement by expanding to include the entire Commun- ity Development Strategy Area which includes Census Tract Numbers 7 , 8 , 9 , 10, 15, 17, 18, 22 , 23 and a portion of 19 and 20 was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- Resolution 84-123 amending guidelines of the Community Development Block Grant Housing Rehabilitation Loan Program by raising the loan limit from $15, 000 to $18 , 000 was approved on a motion made by Councilman Deshotel and seconded by Councilman Moore. Question : Ayes : All Nayes : None -000- A public hearing was called to consider dilapidated structures : Mr. Milton Palmer , Director of Building and Housing Services , told Council that all the below-listed structures are in violation of Article III , Sec- tions 14-50 and 14-51 , of the Dangerous Structures Ordinance of the City of Beaumont , Texas , and that all notification procedures have been met : 2985 ASTOR - Dickson Investment Company, owner (14 violations) , recommen- dation to raze or repair within 30 days ; 2680 HEGELE - Beulah Flowers , c/o James and Bubba Flowers , owner (23 violations) , recommendation to raze within 30 days ; 1535, 1575 and 1595 IRVING - Vincie Lomonte Estate c/o Tony Luparello, recommendation to raze or repair within 30 days ; 854 JEFFERSON (REAR) - Vaughn Ayres , Sr. owner (18 violations) , recommendation to raze within 30 days; 2230 JOHNSON - Ruth Trimble , c/o Horace Black, owner (18 violations) , recommendation to raze within 30 days ; 1350 RAILROAD - Jean- ette Benoit and Mamie Bogue, owner (13 violations) , recommendation to raze or repair within 30 days ; 1497 SCHWARNER - Leona Synagogue, owner (16 vio- lations) , recommendation to raze within 30 days ; and 3150 TEXAS (FRONT AND REAR) - Lee Bradford, owner (10 violations) , recommendation to .raze within 30 days. -54- April 3 , 1984 There being no one to address the Council , the hearing was closed. -000- Ordinance No. 84-51 declaring. certain dilapidated structures to be public nuisances and requiring their repair or removal was considered: ORDINANCE NO. 84-51 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PRO- VIDING FOR PENALTY. The ordinance was approved on a motion made by Councilman Deshotel and seconded by Councilman Cox. Question : Ayes : All Nayes : None -000- COT-NC L11:41V LORD : I guess I ' d like to say goodbye. MAYOR NEILD : Oh, you have one more . . . COUNCILMAN LORD : No, not unless . . . that ' s just sort of a quick one isn ' t it . This is the last official one. So, I guess I would just like to thank the public for all the warmth and wonderful cooperation we ' ve had from them and cer- tainly the staff. We have a wonderful staff and I think everybody in Beaumont should be terribly proud of the work that they do and I 've been part of two Councils and the teamwork has been just great and I want to particularly say how nice it ' s been to have been part of that team and as I leave I ' ll think of you all. That ' s it . MAYOR NEILD: You know there ' s no doubt about it that each individual leaves a little notch where he or she comes and goes and it goes without saying that the .lady to my right , Evelyn, has left a big mark in Beaumont and we look for- ward for her return some day. -000- Mayor Neild stated that he and Councilman Cox will leave this evening for Washington , D. C. to attend hearings tomorrow on Taylor' s Bayou funding to be conducted by Congressman Jack Brooks. He said appropriation for this project is necessary before Bea.umont ' s drainage bond issue can be moved forward to it ' s completion in the future. Mayor Neild will be repre- senting the City of Beaumont in these hearings with Drainage District 6 representatives . -000- Mrs. Minnie E. Hugg, 3586 Blackmon , rabbit breeder, addressed Council to request lowering the age of rabbits for sale to 4 to 6 weeks of age and to express her concern for the adverse publicity given this issue. Mrs. Bessie Fontenot addressed Council to complain about Tobe Duhon , a candidate for the South Park Independent School District Board of Directors . Mr. Roberto C. Flores, 2425 Buchanan , addressed Council to express his concern for City spending, especially in the area of studies , and requested more extensive education of the public on City issues . -55- April 3, 1984 Mr. Craig Stark, Route 6, Box 204 , Beaumont , rabbit breeder, addressed Council to request that the age for the sale of rabbits be lowered to 4 to 6 weeks. Mr. Derek Townsend, 2157 W. Lucas , addressed Council to say that he was asking all. local merchants to remove or lower all visual obstacles in their stores to below eye level for the safety of those inside the build- ing or outside. There being no further business , the meeting was adjourned. -000- I , Rosemarie Chiappetta, 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 April 3, 1984 . Rosemarie Chiappetta Deputy City Clerk -56- April 3, 1.984 EXCERPT FROM REGULAR rTY COUNCIL SESSION HELD APRIL 3 , 1984 MRS. FONTENOT: I am Mrs. Fontenot . I am kind of hoarse and, of course , one foot down and one foot up. . . . I am quite sure most of you know. or have heard about the accident that I had . . . of course , what I 've been having. I am director of the National Association for the Advancement of People and I am proud of it . And, for anyone to try to take my life because of what I believe in and because of others that was with me when we organized, I feel something has got to be done. I am sure you realize I was here before to ask for help from the Police Department ; but , from what I can understand, some cf the officers in the Police Department are really being paid to not bring this thing to court and, of course, I know you know what it is all about - Tobe Duhon. MAYOR NEILD: Mrs. Fontenot , I think I ' ve visited with you with this before and I ' ll be glad to visit with you some more . . . MRS. FONTENOT: No, you have never visited with me about this . . . MAYOR NEILD: . . . on the telephone . . . MRS. FONTENOT: I want to tell the public. I have some relatives here. You may have heard or may not have heard because it was not in the paper when Tobe Duhon shot me and to know . . . let me get through talking. . . . to know that my aunt died. I was here then. That 's what you are referring to, but I was shot a few months ago and to know . . . let me get through talking . . : that Tobe Duhon is naturally running for this office and my relatives are here to kill him. I don't want him killed. MAYOR NEILD : Mrs. Fontenot . . . MRS. FONTENOT: . . . wait , let me make this. I want the public not to come by Goliad and Rockwell during this election because they mean to kill and I don't want a killing.. EXCERPT FROM REGULAR iTY COUNCIL SESSION HELD APRIL 3 , 1984 Page 2 MAYOR NEILD: I appreciate your coming, Mrs . Fontenot , I MRS . FONTENOT: Well , will something be done? MAYOR NEILD : I understand what you are saying. MRS . FONTENOT : I want to know, will something be done? MAYOR NEILD: I can ' t respond to you at this time. I am aware of your conversation that you have .had with me in the past and , you know MRS. FONTENOT: You are aware of what I told you when my aunt died with glass that she swallowed and nothing could be done. You are not aware of me being shot about two months ago and Tobe Duhon is naturally trying to kill me. I have an address that a white woman brought to my house the other day where she heard Tobe Duhon. She got the nu-aber of the car. It was not his car and the men that were in there and he was determined to kill me. I just want something done. If you don 't , it ' s going to be bloodshed . MAYOR NEILD : I appreciate your bringing that to our attention . MRS. FONTENOT: I hope you will consider it . MAYOR NEILD: Thank you , Ma' am. Is there anyone else that would like to address the Council? Yes, sir . . . END OF EXCERPT.