HomeMy WebLinkAboutMIN NOV 16 1999 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos
Guy N. Goodson CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson NOVEMBER 16, 1999
Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming,City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on November 16, 1999,
at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:40 p.m. to consider the
following:
OPENING
* Invocation Pledge of Allegiance Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items
* Consent Agenda
Mayor Moore called the meeting to order at 1:40 p.m. Reverend Bonnie Semien, Associate
Minister at Trinity Church, gave the invocation. Councilmember Guy Goodson led the pledge of
allegiance.
Present at the meeting were: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames,
and Patterson. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney;
and Barbara Liming, City Clerk.
*Presentations and Recognitions - Two proclamations were issued: American Cancer Society's
"Great American Smokeout" - November 18, 1999; and "National Family Week," November 20-
28, 1999.
*Public Comment: Persons may speak on scheduled agenda items.
Allen Lee, 5095 Maddox, addressed Council in support of increasing the number of Captains in the
Fire Department, if the Fire Union supports the change, and commended the Fire Department for
their work. He further commented about the effect of further indictments of Councilmembers, the
selection of a new Ward III Councilmember, the lack of information on Consent Agenda items, and
those he thought should not be placed on the Consent Agenda.
Antoinette Hardy, 9235 Terry, addressed Council to express appreciation to Council for renewing
their lease agreement at old Fire Station No. 5.
Mayor Moore thanked all those who expressed interest in filling the unexpired term of the Ward III
Councilmember position, stated that nine out of 10 applicants are eligible, and presented a process
to Council to meet and question candidates next week.
After a disruption toward the rear of the Council Chamber, the City Attorney advised Mayor Moore
to inform Mr. Lee that after being warned, he could be arrested for disrupting a public meeting.
Mayor Moore asked Mr. Nichols to explain the process regarding the appointment of a public
official.
Mr. Nichols explained that as a home-rule city, the organic law we must follow is that of our charter,
which is the only document that speaks to the filling of a vacancy on the Council. He stated that
the charter says that vacancies on the City Council, where the same did not exceed two (2) at any
one time, are filled by a majority of the remaining members of the Council, and stated that this
means that the decision and the process are strictly within the purview of the remaining members
of Council to fill this vacancy.
Mayor Moore announced that Mr. Robert Cortez, Mr. Ronald Walter Hicks, Mr. David S. Worsham,
Mr. Raymond C. Chaison, Mr. Jerry Whittington, Sr., Ms. Alice Wykoff-Jenkins, Mr. Audwin Samuel,
Mr. Robert C. Flores, Sr., and Ms. Karen Thomas are candidates for Ward III Councilmember.
Mayor Moore said he would like the interview process to be as open as possible. If agreeable with
Council, he proposed that all candidates be present next week by 1:00 p.m. and attend the 1:30
Council meeting to be interviewed in an open process that would afford opportunity for the public
to hear the candidates' answers. The candidates will be asked to go into a secure room and
choose numbers to determine the order in which they will be interviewed. Mayor Moore requested
that Council submit questions they would like asked of the candidates and he will then meet with
the Human Resources Director and City Attorney to evaluated the appropriateness of the
questions. After the conclusion of the interview process, Council will go into Executive Session to
discuss the candidates, and if at all possible, reconvene Council and try to make a decision. If a
consensus is not reached, the process will be extended. Mayor Moore stated he feels that this is
the best process based on the present conditions, thanked everyone who has expressed their
concerns about this issue, and asked that this be kept as positive as possible. He invited
Councilmembers to suggest changes they would like made to the process, asked that they
acknowledge approval to him, and then Council will move forward with the interview process.
Councilmember Goodson stated his understanding from the City Attorney's comments and the
Charter, Council has to decide on a process, proceed with that process, which is what they would
be doing by placing this item on the agenda for November 23, 1999, and stated he is comfortable
with the process. He also added comments about packet information received by Council each
week regarding Consent Agenda items. He stated that the items are non-controversial and are
described in detail, and that Council does reserve the right to have any item they deem
controversial to be removed from the Consent Agenda and voted upon separately.
Citizen comment was invited on the Consent Agenda and Regular Agenda Items 1- 3.
Consent Agenda
Approval of the minutes of the regular meeting held November 9, 1999.
Confirmation of committee appointments - No appointments made
A) Approve a contract for the purchase of three (3)tractors (with Eastex Farm and Home, in the
amount of$49,987.08) - Resolution 99-348
B) Approve a renewal of a five-year lease agreement with Southeast Texas Community
Development Corporation, Inc. (for City-owned property located at 1190 Grand for a rental
payment of$10.00) - Resolution 99-349
C) Approve a contract for the purchase of furniture consoles for the Police Dispatching Center
(with Creative Switching Designs in the amount of$77,599) - Resolution 99-350
Minutes;November 16,1999;Page 2
Councilmember Ames moved to approve the Consent Agenda. Councilmember Smith seconded
the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and
Patterson
Noes: None
GENERAL BUSINESS
1. Consider approval of a one-year contract with Eckerd Health Services for a prescription drug
benefit
In response to Councilmember Cokinos' questions, the City Manager stated that a contract
change would not be in violation of the Fire contract, said there are three local pharmacies
that fill compound prescriptions, and Councilmember Cokinos requested that Mr. McMakin
approach the microphone.
In reply to Mr. McMakin's remarks regarding compound drug billing, Human Resources
Director Glenda Lundy stated that she anticipates requirements would be the same as those
being utilized today, and the City Manager stated that in this contract there is an increase
of benefits to employees, and read a part of the contract that explains the definition of the
billing process for compound drugs to be the same policy and program currently in use.
Further discussion included Mr. McMakin commenting that if Eckerds requires pharmacies
to submit identification numbers in order to bill for compound drugs, some pharmacies will
probably have to cancel their contract, and Ms. Lundy explained that our program with
Eckerds will be self-funded, whereby the City of Beaumont determines the guidelines and
rules. Eckerds has agreed to administer the program as the City has determined, and there
are no changes to the way in which the City anticipates reimbursing pharmacies for
compound prescriptions.
In response to Councilmember Cokinos query to the effect of this decision on the Fireman's
contract, Ms. Lundy quoted the fireman's contract as stating that "they are eligible for the
same plan that the City makes available to the civilian employees."
Councilmember Ames moved to approve Resolution 99-351, authorizing a one year
contract with Eckerd Health Services for a prescription drug benefit effective January 1,
2000. Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Ames, and Patterson
Noes: Councilmember Cokinos
2. Consider approval of three Grade III Captain positions and elimination of three Grade I
Firefighter positions
Minutes;November 16,1999;Page 3
An ordinance ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTION 21-74 TO AMEND THE
NUMBER OF POSITIONS IN GRADES 1 AND III IN THE BEAUMONT FIRE DEPARTMENT; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR REPEAL was considered:
Mayor Moore summarized how events have arrived to this point, thanked the fire union for
their cooperation, stated that Council should consider hiring additional firefighters after the
first of the year, and commended firefighters for the job they do.
Councilmember Cokinos questioned elimination of Grade 1 positions and further discussion
included comments about creation of three Captain's positions, acquiring funding for hiring
of additional firefighter personnel, a plan to be developed by Administration and be
presented to Council at a later date for additional personnel, and the challenge of
accommodating staffing at an additional station without hiring additional personnel at this
time. Fire Chief Bertrand explained reasons for changing the original alternative plan, this
plan being the most economical and efficient way to man another station without hiring
additional firefighters, the change in the number of relief personnel, minimum staffing levels,
and effects of equipment being taken out of service.
Mayor Moore commented on providing fire protection through Fire Station 11 with the least
number of disruptions, reiterated that additional personnel will be needed in the very near
future, and invited Mr. Alan Bouillon, a fire union representative, to add comments. Mr.
Bouillon requested this item be deferred until overtime information is received, commented
about raising minimum manning to 50, spoke of the original agreement, stated that Snorkel
7, Truck 3, 4, and Engine 11 have been put out of service and Truck 1 runs with two people,
safety levels of manning, an ISO inspection in the year 2000 and repercussions of a lower
rating.
Mr. Bonczek commented that the Fire Chief and Staff have had opportunities to review this
issue in depth, this is the best approach to accomplishing the desired result, this is a
temporary solution, a long term solution will be worked on later when revenues are created
to enable the City to add more firefighters.
Councilmember Patterson confirmed the number of trucks out of service at a given time and
the number of personnel in Truck 1, and Chief Bertrand reported this is his first knowledge
that Truck 3 or Snorkel 7 has ever been out of service and said he would investigate the
situation. He elaborated on the Grade 3 positions and substantiated that there is no Grade
3 list in place, which would require, as stated by the City Attorney, posting of the openings,
exams, study time, with an exam to be administered to qualified individuals.
Mayor Moore requested that this item be deferred one week to allow information to be
submitted in answer to Councilmembers' questions and concerns.
3. Consider a service charge not to exceed $1 for utility bill payment at external locations
Councilmember Smith moved to approve Resolution 99-352. Councilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and
Patterson
Minutes;November 16,1999;Page 4
Noes: None
4. PUBLIC HEARING: Dilapidated Structures
Consider an ordinance declaring certain dilapidated structures to be public nuisances and
ordering their repair or removal by the owners and authorizing the removal of certain other
structures whose owners failed to comply with condemnation orders:
Ordinance No. 99-89 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC
NUISANCES AND ORDERING THEIR DEMOLITION, RENOVATION AND REMOVAL was introduced:
The nine (9) below listed dilapidated structures have been condemned by City Council and
the owners ordered to either raze or repair them within specified time frames. Reinspection
of these structures have revealed non-compliance with the Council's order. Authorization
is requested from the City Council to demolish these structures in accordance with the
Dangerous Structure Ordinance: 85Q.Fl_r _- Samuel B. House c/o James Lungs, owner;
1x10 Grand - Samuel B. House c/o James Lungs, owner; 3050-Grand - Dearmon
Breastfield, owner; 48 Gu ge Apartment) - Jimmy D. Sartin; owner, 3003 Martin
Luther King.-B-oul-evard (commercial) - Travis Bros. Supply, c/o Wm V. Travis ET AL, owner;
76,5- (adlaon - Harvey Henry, owner; SZ0_jE__Simr�QD_s - Marylisa Diane Walker, owner;
2545-65 Sixth Street - Juanita Faye Aubry, owner; and 2480 Taylor- Wesley T. Smith, Jr.,
owner.
The fourteen (14) below listed dilapidated structures are found to be in violation of the City
of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 8495 Broussard.
Road - Eve J. Marshall, owner; 2WO-Corley - Joseph L. Victorian, owner; 1515 Eols -
John DeYoung, owner; 1520 Forsythe - Frank Godina, owner; 2730 Franklin - Mildred L.
Hamilton, owner; 2728 Gol[asl - Henry Wells, owner; $45 Glat ( merci a- Amonia
Wilson, Attn. Bessie Knighton, owner; 4535 Hadel - Ambrose S. Daigle, Jr., owner; 455
Bartel (garage)-Ambrose S. Daigle, Jr., owner; 8225 Kenneth - James W. Pellerin, owner;
4142 O en - Songela L. Hawkins, and Harvey L. Jefferson, owners; 895 Powell (garage
apartment) - Frank V. Johnson, Jr., owner; 1155 Roberts (garage apartment) - Daniel C.
Phillips, owner; and 3080 Silver - Rose M. Curtis, owner. Staff recommendation is to
demolish and remove these structures within ten (10) days.
The nine (9) below listed dilapidated structures are found to be in violation of the City of
Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 3910 Avenue-A
(commercial/church) - Joe B. Wilson, owner; 2330 Avenue C - Osborne J. Johnson, owner;
1-420-Boil var, Walter W. and Agnes R. Edward, owners; 22-N-Cable (4-unit apartments)t -
Earl C. and Sharon Valentine, owners; 2454__0,a1d_e_r - Carolyn Lee Harris, owner; 1284
Cartwright- Peter T. Hoang and M.T. Conh, owners; vi (commercial) - Sean Claud
Griffin, owner; 2108 Pope - Terry Samuel, c/o TAC Investments, owner; 88,5RQwe11 - Frank
V. Johnson, Jr., owner. Staff recommendation is to raze or repair within a specified time and
immediately enroll in a work program following Council's specified order of time for
compliance.
The public hearing was opened at 2: 57 p.m.
Minutes;November 16,1999;Page 5
Mr. Breastfield Dearmon, addressed Council regarding the structure at 3050 Grand to
request an extension of time to complete repairs on the structure because of the amount of
time required to clean extensive fire damage. The consensus of Council was to give Mr.
Dearmon an extension of 90 days in order to continue rehabilitation of the structure.
Mr. Ed Walker, addressed Council regarding the structure at 570 East Simmons to request
an extension of time to complete rehabilitation of the structure and listed the repairs that
have been completed. Consensus of Council was to give Mr. Walker a 90-day extension.
(Councilmember Goodson left the Council Chambers at 3:12 p.m.)
Mr. Daniel Travis, addressed Council regarding the structure at 3003 Martin Luther King to
speak about being involved in litigation with the State of Texas and to request an extension
of time to complete the repairs on the structure. Demolition Field Supervisor Pam Lociano
reported about receiving information pertaining to the litigation and stated that no repairs
have been made to the structure. (Councilmember Goodson returned at 3:16 p.m.) Mr. Kyle
Hayes addressed beautification efforts in Ward IV, identified the structure as an eyesore and
recommended demolition of the structure. Public Works Director Tom Warner explained
ownership of the property between Mr. Travis and the State of Texas and the agreement that
Mr. Travis has with the State. The consensus of Council was to order the structure razed
within 30 days.
Mr. Jude Peredez, Wisteria Street, addressed council in support of historic preservation of
structures and in opposition to razing the structure at 3003 Martin Luther King.
Mr. Gaylynn Cooper, attorney representing Mrs. Juanita Aubry, owner of the structure
located at 2545-65 South 6th Street, listed the requests by Council at a previous public
hearing for the Aubry's to sign a work order, commence repairs, and stated that both of
these requests have been met. He said the house has been inspected and is up to Code,
requested that the original work permit be restored, presented photographs, and commented
about work that is being done on the structure. Ms. Lociano commented that she was
refused entrance on her last attempted inspection and returning with a plumbing inspector
for a plumbing inspection that was disapproved, stated that there were no improvements
from the previous inspection, spoke of work that has been done with no permits or
inspections, deficiencies that have not been corrected, stated that Mr. Aubry obtained a
building permit after the last meeting, and the plumbing permit was obtained after her last
inspection. Mrs. Aubrey commented about work that has been completed on the structure,
problems with obtaining permits, claimed Ms. Lociano blocked their efforts, and asked for
the original permit to be restored. Ms. Lociano commented further regarding permits that
have been issued, reasons for denial of the plumbing inspection, items that have not been
corrected, and the need for regular inspections. Mrs. Aubrey stated that she was told by an
inspector that the plumbing passed inspection. Mayor Moore requested that the Aubreys
agree to allow Ms. Lociano to inspect the structure regularly and commented that, if an
extension of time is granted, it will be their responsibility to arrange for inspections, and if this
is not followed there will be no additional opportunity to complete the work. Councilmember
Goodson commented that the Aubreys should hire people who are familiar with requirements
of the City Code. The consensus of Council was to allow an extension of 90 days to
continue with rehabilitation of this structure.
Minutes;November 16,1999;Page 6
(Councilmember Smith left the Council Chambers at 4:25 p.m. and returned at 4:30 p.m.
during Mrs. Knighton's comments.)
Ms. Bessie Knighton, addressed Council regarding the structure at 805 Grant Street, stated
work has not been completed because of changing contractors, made comments about Ms.
Lociano on her property and claimed destruction of her property by police searching for
drugs without her permission, and requested an extension of time to complete rehabilitation
of this structure. Ms. Lociano commented regarding not being allowed to inspect the
structure, complaints of illegal activity taking place in this structure, spoke of finding a back
door open at a later date, and listed the deficiencies noted, some of which were caused by
vandals. The consensus of Council was to allow an extension of 90 days to continue
rehabilitation of this structure.
(Councilmember Patterson left the Council Chambers at 4:32 p.m. during Mrs. Knighton's
comments and returned at 4:37 p.m. during Mr. Johnson's comments. Councilmember
Goodson left the Chamber at 4:38 during Mr. Johnson's comments.)
Mr. Osborne Johnson, addressed Council to requesting an extension to complete
rehabilitation of the structure at 2330 Avenue C due to medical problems and commented
about the possibility of obtaining a grant from the City's emergency grant fund, commented
about his financial situation and the work that has been completed. The consensus of
Council was to allow an extension of 90 days to continue rehabilitation of this structure.
(Councilmember Goodson returned at 4:42 p.m. during Mr. and Mrs. Carson's comments.)
Mr. Dale Carson and Mrs. Carolyn Carson, addressed Council regarding structure at 2450
Calder Avenue, commented on the repairs that need to be done on this property, and
requested an extension of time to rehabilitate this property. The consensus of Council was
to allow an extension of 90 days to continue rehabilitation of this structure.
Ms. Charlene Johnson, 1830 Brooklyn Street, addressed council regarding the structures
at 885 and 895 Powell Street, commented on obtaining estimates from contractors, and
requested an extension of time to rehabilitate this property. The consensus of Council was
to allow an extension of 90 days to continue rehabilitation of both structures.
Mr. Allen Lee, addressed Council on behalf of Billy Hadnot's property at 1170 and 1180
Ashley, commented about Mr. Hadnot filing a request for a hearing and distributed copies
of the appeal. Mayor Moore informed Mr. Lee that the public hearing was for the structures
on the list, and he should make comments relative to this subject at the conclusion of the
hearing during citizen comments. After further comments, Mayor Moore told Mr. Lee his
comments were out of order and requested that he leave the podium.
The public hearing was closed at 4:52 p.m.
Councilmember Goodson moved to amend Ordinance No. 99-89 to grant ninety (90) day
extensions to structures at 3050 Grand, 570 E. Simmons, 2545-65 Sixth Street, 805 Grant,
2330 Avenue C, 2450 Calder, 895 Powell (garage apartment), and 885 Powell.
Councilmember Smith seconded the motion. MOTION PASSED.
Minutes;November 16,1999;Page 7
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and
Patterson
Noes: None
OTHER BUSINESS - No other business.
COMMENTS
• Councilmembers comment on various subjects
• City Manager's Report
Mr. Bonczek did not present a formal report, but commented that an allegation was made by the
fire union earlier that certain apparatus at Fire Station 3 and a snorkel at Fire Station 7 have been
out of service, and reported that records were checked and there is no record of anything being
out of service at Fire Station 3. He said that October 30 was the first time that the B Shift was on
the new plan, and Snorkel 7 was out of service for less than 30 minutes and was corrected.
Mayor Moore congratulated the Rogers family for the dedication of the Miriam Rogers Community
Center at Some Other Place, and congratulated the Central Jaguars for being the only Beaumont
team remaining in the playoffs, and encouraged citizens to support them this Saturday at their game
in the Astrodome.
* Public Comment (Persons are limited to 3 minutes)
Mr. Allen Lee, 5095 Maddox, addressed Council to encourage Councilmember Cokinos to run for
Mayor of Beaumont, suggested that the Civic Center be renamed for Mr. Jimmy P. Cokinos,
commented that CBS will air information on the Beatrice Jamail Center the day before
Thanksgiving, stated that the Civilian Review Board should be addressed, and commented
regarding violations of the City Travel Policy.
Mr. Jude Peredez, 920 Wisteria, addressed Council to thank them for listening and attempting to
assist all citizens in the public hearing, spoke of his regard for Councilmember Davis, and submitted
information received on the Internet claiming there is a sting operation in the FBI targeting minority
elected officials.
Ms. Peggy Pierre, 1220 Avenue F, addressed Council regarding the homeless issue in the Avenues
area, commented that the media has been in their neighborhood to question people, asked for
answers to the issues facing the neighborhood, commented that the Avenues does not have
Council representation, asked for the Council to revisit the issues of homelessness and zoning, and
spoke of the negative effects of homelessness in the area.
Councilmember Ames interjected that she has spoken with Ms. Pierre several times, attended the
neighborhood association meeting, and reminded Ms. Pierre that she should never feel that she has
no representation on Council.
Mr. Herman Davis, 790 Amarillo, Precinct Chairman, addressed Council to confirm Councilmember
Ames comments regarding she and other Councilmembers attending neighborhood association
Minutes;November 16,1999;Page 8
meetings, commented on low voter turnout in his precinct, and suggested that people in the area
voice their opinions with their votes.
Mayor Moore commented about the work that lies ahead for everyone, the responsibility of moving
the City forward belonging to everyone, outlined the process for next week's meeting, stated that
if the Council agrees, Item 2 regarding creation of Grade III Captain positions and elimination of
Grade I Firefighter positions that was deferred today will be on the agenda next week, and then the
open interview process will begin, an Executive Session held and possibly an announcement made
regarding selection of a Ward III representative.
EXECUTIVE SESSION - No Executive Session.
There being no other business, the meeting adjourned at 5:08 p.m.
David Moore, Mayor
Barbara Liming, City Clerk
Minutes;November 16,1999;Page 9