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HomeMy WebLinkAboutMIN APR 10 2001 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson April 10,2001 Audwin Samuel 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 April 10, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 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 1:35 p.m. The Reverend John Davis, Ridgewood Church of Christ, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, and Samuel, and Patterson (arrived at 1:40 p.m. ). Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. * Presentations and Recognitions One proclamation was issued: "National Public Tele-Communicators Week," April 8-14, 2001. * Public Comment: Persons may speak on scheduled agenda items Mr. Allen Lee, 5095 Maddox, addressed Council concerning Agenda Item No. 5 to state that he will make a formal request for Council minutes and audio tapes, and reported conversations with the Justice Department and F.B.I. about corruption in city government relative to $241,000 set aside since 1997 for senior housing projects. Mr. Leroy Lewis III, 1201 Euclid, addressed Council in support of funding Girl's Haven, Some Other Place, a mission on Franklin Street, and Boy's Haven, and expressed views on sprinkler systems for the parks,the homeless,women and children's shelters, Meals- On-Wheels, and Martin Elementary School. * Consent Agenda * Approval of the minutes of the regular meeting held April 3, 2001 * Confirmation of committee appointments -Appoint Michael Getz, Parks and Recreation Advisory Committee, term expiring April 9, 2003 - Resolution No. 01-090 A) Authorize eminent domain proceedings(Gladys City Company) to acquire both a twenty foot (20') permanent easement and a thirty foot (30') temporary construction easement (4.18 and 6.27 acres both out of the Gladys City Oil, Gas and Manufacturing Company Subdivision in the John A. Veatch Survey, Abstract 55) for the installation of a 16-inch sanitary sewer force main to serve the prison complex - Resolution No. 01-091 B) Authorize the acquisition of property ( from Leroy Hubbard ) described as Lot 6 of the Amelia Smith Subdivision for the Charlton Pollard Park - Resolution No. 01-092 C) Approve an annual contract ( various vendors ) for the purchase of manholes, manhole covers,and sewer materials(at an estimated cost of$49,404.86)-Resolution No.01-093 D) Authorize a lease agreement with Lee Parking, Inc. for contract parking services - Resolution No. 01-094 Councilmember Smith moved to approve the Consent Agenda. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider amending Ordinance No. 01-006 to fill vacant positions for judges and alternates for the May 5, 2001 General and Special Election Councilmember Cokinos moved to approve Ordinance No. 01-033 ENTITLED AN ORDINANCE AMENDING ORDINANCE 01-006, THE ELECTION ORDINANCE WHICH CALLED A GENERAL ELECTION FOR THE 5 TH DAY OF MAY, 2001 TO FILL VACANCIES FOR PRECINCT JUDGES AND ALTERNATES AND A SPECIAL ELECTION. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider a request for approval to award a bid for the construction of Phase I of Perlstein Park Mayor Pro Tern Goodson moved to approve Resolution No. 01-95 awarding a bid to Quality Contract Services, Inc. in the amount of $217,798 for furnishing all labor, materials, equipment and supplies necessary to construct Phase I of Perlstein Park. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes April 10,2001 Page 2 3. Consider a request to award a bid for cleaning of the anaerobic digesters at the Water Reclamation Plant Councilmember Smith moved to approve Resolution No. 01-096 accepting a bid from Allco, Inc. in the amount of $419,755. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider approval of the 2001 Action Plan of the Consolidated Grant Program Councilmember Ames moved to approve Resolution No. 01-097 approving the 2001 Consolidated Grant Program One-Year Action Plan budget,. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider amending the 1999 Consolidated Grant Program by reprogramming funds to other eligible HUD activities City Manager Bonczek introduced the item to amend the 1999 Consolidated Grant Program by reprogramming $173,656 from the Senior Multi-Family Housing line item, $830 from undesignated Public Facilities and Improvements, and $12,478 from the Partnership Community Health line item for a total of$186,964 to other eligible activities. Councilmember Ames clarified that approximately$241,000 of 1997 funds was approved by Council for senior housing programs and $68,000 was reprogrammed last year for the Habitat for Humanity Re-Store Program. Mayor Pro Tern Goodson confirmed with Grant Administrator Johnny Beatty the original 1997 allocation for senior housing was $350,000, a match for a proposed senior facility, and that Council has reprogrammed funds since the original approval. He commented that Council has allocated approximately half of the amount and $68,000 was approved late last year for the Habitat for Humanity Re-Store facility to be built on M. L. King Parkway. Mayor Pro Tern Goodson suggested proceeding to the Work Session, defer Agenda Item 5, and return to reprogram the funds as two specific line items. Council concurred with his suggestion to proceed to the Work Session. WORK SESSION Review recommendations from city staff and the Community Development Advisory Committee relating to the 2001 Action Plan of the Consolidated Grant Program Minutes April 10,2001 Page 3 City Manager Bonczek stated there has been substantial discussion to allocate funding for various eligible activities and requested Council guidance. Mayor Pro Tern Goodson commented about a family services group requesting funding from two sources,one with a$50,000 CDAC recommendation,and a portion of a proposal requesting emergency shelter funds. He verified with Grants Administrator Johnny Beatty that any portion of the $173,000 in reprogrammed funds could be used for emergency shelter programs or for public service items, and requested consideration of the CDAC approved $50,000. Mayor Moore noted that $100,000 has been allocated to public service for a number of consecutive years and that the CDAC has requested a 10% increase. He recommended moving $50,000 in reprogrammed funds into public services for a total of$150,000 and the balance of$126,000 be reallocated to other line items. He expressed appreciation to the CDAC for their advice and deliberation of the issues and stated Council will not loose focus of CDBG funds in reducing the burden on taxpayers for City services. Of the increased $50,000 in reprogrammed funds in public service, he recommended $20,000 to Girl's Haven for playground equipment and $30,000 for senior citizen minor home repairs, and stated it is important to focus on assisting senior citizens with disabilities. Councilmember Ames commented that the remaining $30,000 in public services designated for senior citizen minor home repairs would be under home funds. Mayor Pro Tern Goodson voiced agreement with the recommendations for increasing public services. He stated that last week he proposed considering applications with matching seed money in place, to look more at partnerships with grant funds, and his willingness to modify his previous position against any programmatic activities. Mayor Pro Tern Goodson stated that the facility Family Services is proposing to construct is a sticks and mortar project, they have received a substantial grant from the Sisters of Charity as seed money, and stated he would not be adverse to allocating an additional $50,000 for the proposed facility which would be an emergency shelter line item. From the $173,000 of reprogrammed funds, Mayor Pro Tern Goodson recommended $50,000 to public services, $50,000 to Family Services for emergency shelter, and consideration of the program the Rogers Foundation is funding. He added that he spoke with several of the principle people involved with the local judiciary and legal system and the people dealing with the affected individuals, and acknowledged that it is a programmatic request. He suggested Council consider look at the Family Services request and noted that it was in the public services line item rather than the emergency shelter line item. Further discussion included support of an additional $50,000 for emergency shelter funding, explanation by staff of original funds available at the time of the Family Services' request and uses of specific monies, guidelines, recommendation for retaining a contingency for emergencies, leaving funds in line items, and that the remaining $73,000 in unprogrammed funds could be appropriately designated with the option to readdress projects on an emergency basis. The City Manager explained that Council could leave funds in senior housing until a decision is made for reallocation to a specific eligible activity. He reviewed that Council Minutes April 10,2001 Page 4 has been discussing use of $30,000 for senior minor home repairs, $20,000 for Girl's Haven playground equipment in public services, $50,000 for Family Services, and the balance of$73,000 remaining in senior housing to be allocated for another eligible activity. Mayor Pro Tern Goodson voiced concern with the risk of moving funds to a line item. He stated there are more minor repair needs than funds, and that he is uncomfortable with moving the balance of$73,000 to minor repairs. He said there are 26 homes on this year's schedule with requests from 200 seeking assistance, voiced support for minor repair allocations and a preference for moving the balance of funds to current 2001 line items. He articulated support for additional funds for Girl's Haven and expressed a desire to discuss public service allocations in greater detail. Councilmember Ames recapped Council discussion to reallocate$73,656 to minor repairs, an additional $50,000 to public services: $20,000 to Girl's Haven for playground equipment and $30,000 remaining for reallocation, and $50,000 to Family Services for emergency shelter out of 1999 reprogramable funds. After further discussion, Mayor Moore directed the Work Session back to Council consideration for Item No. 5 and recapitulated Council consensus to reprogram$100,000 to public service: $50,000 for emergency shelter, $20,000 designated to Girl's Haven and $30,000 to be allocated in the future, and $73,656 for minor home repairs, . Mayor Pro Tern Goodson moved to amend the 1999 Consolidated Grant Program to reprogram $173,656 from the Senior Multi-Family Housing line item to Public Services in the amount of$100,000 and to Minor Repair under Housing in the amount of $73,656. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Discussion with allocation requests for public service programs began with Councilmember Patterson requesting consideration of $12,250 to Schlesinger's, Councilmember Samuel expressing gratitude to the CDAC and in support of allocating funds to the CDAC program recommendations. Mayor Moore stated that now is the appropriate time to suggest which CDAC recommendations to fund from the remainder of$30,000 in public service. Councilmember Smith spoke in support of Council's firm commitment to not fund programmatic activities, even though all programs are worthy. Councilmember Samuel clarified Council's stance on being firm in not funding programmatic requests, and Mayor Moore reviewed the discussion of last week to review Block Grant funding for coming years. He explained the standard for several years has been to fund bricks and mortar-type programs,but that Council may change the approach, and said he understands that it will be a topic for discussion at the Budget Summit. Minutes April 10,2001 Page 5 Today, Mayor Moore said the objective of Council is the remaining $30,000 and each member is entitled to make recommendations. Councilmember Ames requested Council continue with approval for items previously discussed and allow time to review the remainder of the applications for future recommendations. Mayor Pro Tem Goodson continued discussion by stating he would like the Institute for Educational Advancement to receive funding consideration, even though it is a programmatic request and a departure from usual approval. He restated his views of bad experiences with programmatic funding by applicants continually applying and effectively using funds for salaries. However, Mayor Pro Tern Goodson stated that the Institute for Educational Advancement appears to be a start-up program, and they expect to have matching funds, and, if successful, they should be able to self-start and continue. Mayor Moore recommended moving forward with a motion to place $100,000 in public service, $73,656 into minor repair, and after further review, decide where to allocate the remaining $30,000. Councilmember Ames moved to allocate $50,000 of the 1999 reprogrammed Public Services funds to Family Services for emergency shelter services and $20,000 to Girl's Haven for playground equipment. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Councilmember Ames confirmed with Grants Administrator Johnny Beatty that the new program for juvenile delinquency through the Institute for Educational Advancement application is primarily programmatic, but if there is a portion that is not, that Council could specify funds be used for items that are not programmatic. Mayor Moore added that in all fairness there was another program presented for children in Martin Elementary School and requested it receive the same review, in an effort to be consistent. He suggested staff consult with Councilmembers to determine how to best utilize the funds efficiently. Mayor Moore stated that Council has taken appropriate action on everything except the $30,000 and recommended bringing the issue back in a final state when Council has had adequate time for review and are ready to take action. Councilmember Ames requested the Grant Administrator confer with Martin Elementary School and the Institute for Educational Advancement applicants to determine aspects that would qualify as non-programmatic. Mayor Moore interjected that the review should extend to all applicants so that Council may be as fair as possible. He requested that the City Manager and staff monitor the review with Council and bring the item back when the review is complete. Minutes April 10,2001 Page 6 Councilmember Samuel clarified that those submitting a dual programmatic and non- programmatic application may indicate the portion that is non-programmatic for consideration. Councilmembers comment on various matters Councilmember Smith commended the Ribbon Cutting and Open House celebration hosted by West Communications this morning and said it was quite exciting to see the new business off and running. Mayor Pro Tern Goodson, on behalf of the Amelia Neighborhood Association, thanked Council, Parks & Recreation Director Luke Jackson, and Park Superintendent Lewis Hiltpold, who worked so hard to acquire a park for the neighborhood, and said he hopes the same effort will be made for other proposed neighborhood parks. Councilmember Samuel requested staff assist Mr. Walter Peyton Bevil after the meeting regarding property at 3240 Lampassas that he is the process of purchasing from Vidor Realty. He said the property has been before Council for raze or repair consideration and requested the status of the property as soon as possible. He also requested staff contact Ms. Bridgette Williams at 839-7129 about a problem with property near her home. Councilmember Patterson announced that the Tyrrell Park Neighborhood Association meeting will be held Tuesday, at 7:00 p.m. at Our Mother of Mercy Catholic Hall with the City Manager and Public Works Director presenting the proposed storm water utility fee. She complimented Zeta Phi Beta sorority and Alpha Chi and Tri-City chapters on their final Womanhood Observance Program on Sunday which honored and recognized 41 youth. Guest speakers were Sigma brother, Councilmember Samuel and Mayor Moore. Mayor Moore complimented the Tri-City observance of 41 young people from Beaumont, Port Arthur,and Orange with a good message presented, and said it was wonderful to see parents supporting young people. He announced that the Neighbors in the Park last Sunday at Sprout Park was great. Mayor Moore commented about the acknowledgment given to West Tele Services Corporation for their partnership in economic development by providing jobs in the community. Today was the ribbon cutting and tour of the facility. He stated that over 800 people have been hired and they anticipate hiring an additional 1,400 people,and commented about West's flexible schedules forworkers supplementing present income, students in school, and working mothers. City Manager Report City Manager Stephen J. Bonczek reported the 2001 Strategic Action Plan has been prepared, the Library System received two Book Festival awards, the All America City application has been submitted, and the proposed agenda for the 2001 Budget Summit has been prepared for Council review and the item for public service funding will be added for Council discussion regarding their position. The City Manager reported difficulty in retaining and recruiting EMS qualified paramedics, reducing overtime, and a plan to increase productivity and overtime by adding three paramedics for each shift. He Minutes April 10,2001 Page 7 discussed activities of Camp Enterprise in which he, Economic Development Director Kyle Hayes, Councilmember Smith,former mayor Evelyn Lord and other community business leaders participated with students from various high schools. Mr. Bonczek reaffirmed the City's commitment to fair housing by attending the Golden Triangle Coalition for Fair Housing at the Port Arthur Civic Center. He reported that storm water presentations are going very well, and he is_always looking forward to new opportunities to share the important message. Mayor Moore referenced the outstanding block party near South Park Middle School and discussed activities for the youth, and Councilmember Patterson stated it was an outstanding weekend with the South Park Block Party and a well-attended Neighbors in the Park celebration and extended acknowledgment to the sponsors for both events. Public Comment (Persons are limited to three (3) minutes). Mr. Thomas Minner, 6298 Bedford, distributed pictures and addressed Council to complain of trash blowing in the back of the townhouses at 6010, 6020, and 6030 Bedford near his home,lack of trash collection,suggested sending the property owners notification of their responsibility, spoke of his unsuccessful efforts to get a response from trash collectors, and complained about City repair crews not cleaning up property after a large water leak,leaving an open hole, barricades being destroyed,standing water,and a crepe myrtle tree not replanted. Mr. Marshall Scott, 3725 Avenue B, distributed information and addressed Council on behalf of Mary Ann Franklin, owner of Dee's Den, and requested Council investigation of loud music complaints. He complained of action taken by the Police Department being racially motivated against Ms. Franklin and Black businesses, and reported that she was arrested and fined again, made accusations against council members and management and said their complaint will be pursued. He added complaints about open ditches in the Pear Orchard neighborhood, lack of sidewalks, railroad crossing lights at intersections, and stopping train whistles from blowing throughout the night. Mr. Allen Lee, 5095 Maddox, addressed Council in support of Mr. Scott's concern for neighborhood improvements, stated his intent to present an open records request regarding Council voting, against a storm water utility fee, discussed his plan for non- resident street user fees, voiced objection to City employees currently living outside Beaumont, usage of the L. L. Melton Y.M.C.A.,wading pools being closed,and term limits. Mr. Leroy Lewis III, 1201 Euclid, addressed Council to compliment Councilmember Samuel for his attention to citizens of Ward I, thanked Councilmember Cokinos and Beaumont Police officer's Blankenship and Martin for their attendance at the Sprott Park celebration, addressed loud music, moving clubs out of the community, $300M in capital funds to fix everything at once, metal detectors at City Hall, questioned Orange County EMS in Beaumont, jobs, restoring the Melton Y, street user fees, in favor or police officers receiving coffee and donuts fortheir presence at businesses, bus fares remaining the same, young people's attire, fixing potholes on Virginia Street, and the drug problem. Mr. Paul Collins, 3675 Preston Street, addressed Council to state that Ms. Mary Ann Franklin ( owner of Dee's Den) is personally responsible for being put in jail because she Minutes April 10,2001 Page 8 understands the law and must respect residents living near her club. Mr. Collins complained that his sleep is disturbed at night by noise coming from Dee's Den. Ms.Tanya Jackson, social services director of Briggs-Cannon Community Center located at Plymouth Village Apartments, 5080 Helbig Road, addressed Council to commend the work of Council and noted the awesome task in determining allocation of grant funds, and on behalf of the residents, the management company, and the employees of Briggs- Cannon Community Center thanked Council for accepting recommendations of the Community Development Advisory Committee to help fund community programs. Mr. Bill Sexton, no address given, addressed Council to offer a suggestion for a revenue source by assessing a one-time fee of$500 for each top-loading machine and $750 for each front-loading machine for new wash-a-terias locating in Beaumont. He cited the fee could be assessed because of extra sewer maintenance costs caused by lint, soaps detergents and dyes. Mr. Sexton stated that similar fees have already been set in Houston, suggested existing laundries be grand-fathered, and stated he has a list of laundry owners who signed a petition supporting the maintenance fee. Mayor Moore commented that Council can not always respond to comments because of agenda posting regulations, said many comments are not factual or practical, and comments targeted at City staff were unfair because they are not elected officials. The Mayor stated good things are happening in our community, and it is unfortunate that citizens are using the public comment time to campaign, and said a petition was accepted that will be given to the City Clerk. He spoke of Council sometimes playing the role of mediator and about law enforcement in the community. On a positive note, Mayor Moore mentioned the Relay for Life held Friday, thanked Councilmember Smith for her attendance, and stated it was outstanding event for a great cause. He reported on an intense meeting held last week with representatives from Freddie Mac, Fannie Mae, CEO's across the country, and the President in Washington, D.C., discussions regarding initiatives addressing $100M in house and senate bills, and other positive housing opportunities. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James R. Hucker v. City of Beaumont Buncy Seago, Sr. and Audrey Seago, Individually and as heirs of the Estate of Deanene Linette Seago v. City of Beaumont, et al There being no further business, the meeting adjourned at 3:06 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes April 10,2001 Page 9