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HomeMy WebLinkAboutMIN JANUARY 16 1996 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 16, 1996 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 16th day of January, 1996, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At-Large Andrew P. Cokinos Councilman-At Large Lulu L. Smith* Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk *(Councilman Smith arrived at 1:36 p.m. during discussion of Consent Agenda Item C.) -000- The Invocation was given by Councilman Davis. The Pledge of Allegiance was led by Mayor Moore. -000- Mayor Moore announced an executive session to be held following the workshop session in accordance with Section 551.071 of the Government Code to discuss pending or contemplated litigation: City of Beaumont v. W/S Partnership, A General Partnership, et al and in accordance with Section 551.074 of the Government Code to consider the appointment of a public officer, specifically: City Clerk. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items. No one wished 18 January 16, 1996 to address these subjects. -000- Councilman Cokinos questioned Consent Agenda Item c authorizing acquisition of Parcel 41 (520 Jackson Street) from Mamie Green and Arthur Green for the appraised value of $2,700 for the Charlton Pollard Neighborhood Revitalization Project. Councilman Cokinos said his research indicated the Appraisal District valued the property at $1,450 and tax records indicated that taxes in the amount$1,692 are in arrears since 1983. He asked who performed the appraisal, why the City is paying more than the appraised value and if the back tax amount will be withheld from the payment. (Councilman Smith arrived at 1:36 p.m.) The City Manager explained that the Appraisal District appraises property for tax purposes, but that amount is not part of the consideration for purchase or for condemnation purposes and because State monies are involved in this transaction, an independent appraisal is required and an amount less than the appraisal can not be offered. In response to Councilman Goodson, the City Attorney explained that all tax liens would have to be satisfied before the property owner receives any compensation. The City Attorney said that Appraisal District values are not admissible in Court to prove the market value of property, according to condemnation rules that apply to litigation for setting of the value of property for the purposes of taking it in eminent domain or for public use. After further discussion, Agenda Item c was pulled from the Consent Agenda and deferred for further action until information concerning the independent appraiser is provided in answer Councilman Cokinos' queries. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council meeting held January 9, 1996; Resolution No. 96-15 appointing Tracy Richardson, Michael O'Rear and Denise Shelton to the Historical Landmark Commission for terms expiring January 15, 1998; the Reverend Nathaniel McCray to the Senior Citizen Advisory Committee, Randy Rolland to the Convention and Tourism Advisory Committee and Bruce Johnson to the Community Development Advisory Committee for terms expiring January 15, 1998; reappointing Dorcy Watler to the Historical Landmark Commission for a term expiring October 18, 1997; Glenda McCray to the Martin 19 January 16, 1996 Luther King, Jr. Parkway Commission for a term expiring January 4, 1997; LeRoy Clark to the Senior Citizen Advisory Committee for a term expiring October 18, 1997; Ruth Naumczik to the Keep Beautiful Commission for a term expiring October 25, 1997; Marva Provo to the Planning Commission for a term expiring June 29, 1997; and Carol Gertz to the Library Commission for a term expiring December 6, 1997; and Resolution No. 96-16 authorizing an annual contract with Polydyne, Inc. to furnish Polyacrylamide Cationic Emulsion Liquid Polymer at $1.03/lb. for the Water Utilities Water Reclamation Division. The Consent Agenda was approved on a motion made by Councilman Goodson and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 96-17 authorizing a contract with Golden Triangle Pipe & Water in the amount of$154,057.00 to supply various sized pipe and fittings required to provide water service to the new federal prison facility on West Port Arthur Road was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Resolution No. 96-18 authorizing the Solid Waste Management Department to apply for and accept a grant from the Southeast Texas Regional Planning Commission (SETRPC) in the amount of $115,000 for a professionally conducted public media campaign designed to increase participation in curbside recycling was introduced. Councilmembers applauded the recycling program, thanked Dr. Bruce Drury and the Commission for their dedication and efforts in the program and agreed that education is essential for increasing the amount of recyclable goods gathered. Councilman Patterson asked about the prospect of weekly collection of recycled products, if the increase proves to be substantial as a result of the mass promotion. The City Manager said that a weekly collection schedule could be implemented, if the volume warrants, and responded to Mayor Moore that if the volume of paper picked up doubled, the added revenues from sales of the paper would yield enough to pay for the extra residential pickup. Councilman Goodson questioned colored glass disposal and the cost was discussed. Resolution No. 96-18 was approved on a motion made by Councilman Cokinos and seconded 20 January 16, 1996 Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Again, Councilman Cokinos requested that independent appraisal information be provided as soon as possible regarding Parcel 41 for the Charlton Pollard Neighborhood Revitalization Project. Councilmembers Goodson and Smith expressed regrets for conflict of schedules preventing them from participating in the M. L. King Parkway Walk-A-Thon on Monday. Councilman Patterson said she was involved with registration with the Walk-A-Thon and there was good participation. Councilman Davis said he had a great time at the Walk-A-Thon, beginning with an early breakfast at Douglas Memorial Church. He thanked Council for supporting projects of concern for him and for their strong leadership throughout the city, especially those dealing with Ward III issues. Mayor Moore confirmed that yesterday was a really good day that began about 7:15 a.m. for many, complimented Councilman Davis for an outstanding job as the keynote speaker for the NAACP Youth at the Douglas Memorial Church breakfast, said the event was graced with the presence of Dr. Carroll Thomas, the new Beaumont Independent School Superintendent, along with many other community leaders, commented that the M. L. K. Commission's Walk-A-Thon exhibited a lot of energy and the spirit was very high even though many had to work and were unable to attend the event. Mayor Moore said he left the Walk to go to West Tabernacle Baptist Church to attend an interesting program about starting one's own business as part of the youth focus and later met with Councilman Davis, attended a couple of other meetings and at 7:00 p.m. went back to Douglas Memorial to hear the Reverend David Robinson. He said there was a great mixture of guests on the podium with Father Bomberger from Our Mother of Mercy Catholic Church, Father Armstrong from Blessed Sacrament, the Reverend Elijaha Stansell from McCabe Roberts Methodist Church, and the Reverend Walker from West Tabernacle Baptist Church to end a great day of celebration for Beaumont. -000- Mr. Allen Lee, 5095 Maddox, addressed Council and asked how to put the petitioner's request for a Civilian Review Board on the Council Agenda, said to his knowledge the City Manager or Council could place the item on the Agenda, complained about lack of Council response and again asked how he could get his request on the Agenda. Mayor Moore reminded Mr. Lee that the petition he presented is in the City Clerk's office for review, and City Attorney Lane Nichols said that Mr. Lee chose the method he desired by which the subject 21 January 16, 1996 could be placed on an election ballot, that the subject is mid-way the initiative process and not yet completed. He further explained that when a petition is certified as valid, Council has thirty (30) days to decide to place the item on the ballot or not in the process Mr. Lee chose. Mr. Lee continued to address placement of the item on the regular City Council agenda and Mayor Moore and Staff again explained that the process he chose has been initiated and is in progress. Mr. Lee repeated his comments, spoke about an alleged incident with Mr. Leo Lemell, his family and the Police Department and a possible law suit, claimed class discrimination with only one African-American Police Officer over the rank of sergeant and asked how Council will deal with this situation. Mr. Lee announced that another petition will be filed against the Beaumont Enterprise because he thinks they have "a hidden agenda to manipulate, control and influence the politics of Jefferson County...and racially divides this community through the way they print their articles." He said the petition will be filed with the newspaper headquarters in New York requesting that the publisher, specific editors and reporters be removed from their positions in Beaumont and be reassigned elsewhere. Mr. Lee's complained that the Beaumont Enterprise did not print a picture of Mr. Allen Keys, a presidential candidate. Councilman Davis interjected his thoughts to Council that he has taken the issue of a Citizens Review Board to heart and has spent about 35 hour per week on it for the past three weeks. He said the class ceiling and the Lemell family situation have all been discussed with the Police Chief. He said information is still being gathered about the Lemell situation and as much as possible is being done, said there is not political support throughout the community for a Citizen Review Board, said Mr. Lee is correct that Council should address problems in the Police Department, that he has discussed this issue with the Chief of Police, the City Manager, other Council members and other citizens and is sorry that Mr. Lee is not pleased, assured the community this problem will be addressed and if a change is needed, said he is confident the Police Chief and City Manager will make a change. He said it is not true that Council does not care, expressed appreciation to Council, said this is an old problem that cannot be solved immediately, but one that will be addressed, and he will present them with information from by the Chief of Police as soon as it is received. Mr. James Jenkins, 4035 Ogden, explained his hearing problem and requested Council to speak directly into the microphones so he could better understand their comments. Mr. George Johnson, 5080 Helbig, President of the Resident Association for Plymouth Village Apartments, addressed Council in support of the Civilian Review Board, asked that Council consider placing the issue on the agenda, claimed harassment by Beaumont Police officers, said he was arrested for disorderly conduct because he was walking on the sidewalk, said he had a parked car without license tags or a steering wheel and does not have a drivers license and was forced to unlock the car and was jailed on charges of having a concealed weapon, said the car was used for storage and the concealed weapon was nunchakus with which his children played. Other 22 January 16, 1996 complaints about police action included charges of interference. Councilman Davis questioned if a formal request has been made to Internal Affairs and was advised by Mr. Johnson that he has been there on several occasions and has talked to Chief Scofield. Mayor Moore told Mr. Johnson he has met with members of Plymouth Village and wants to meet with residents soon and asked Mr. Johnson to approach Internal Affairs again with the problems he presented today. Ms. Martha Clark, 1365 Brockman, related an incident to Council about cooperating with the Police Department to find her son and complained about their insensitivity in searching her home without her consent and warning for her to leave the matter alone, and said that is why she supports a Citizens Review Board to be placed on the Council agenda. When asked the date of the occurrence, Ms. Clark said the incident happened in 1985, and was advised to alert Council or authorities as soon as possible when irregularities occur. Mr. Louis Williams, 1775 Calder, addressed Council about emergency medical services, encouraged using the 911 system and calling the nearest ambulance to provide the fastest service and commented that seven to eight minutes response time is not good enough. Ms. Glenda Dent, 2070 Harriot, addressed Council in support of a Citizens Review Board and claimed her son was a victim of police harassment. She recited incidents and compared the judgments against her son and another person and claimed that the system showed preference the white man, complained about the condition of streets and said the ditches have not been cleaned in 14 years in her area and said it is a forgotten part of town. Mayor Moore told Ms. Dent that the ditches were being cleaned and the City was asked by the citizens to stop digging because water was standing in front of their homes and the City has been trying to remedy that problem. Mayor Moore asked Ms. Dent to speak with her Council representative and discuss the street program that Council reviews each year. Mrs. Sonja Lemoins, 1325 Calvin Street, addressed Council about various institutions and businesses and alleged major corruption within the city. Her complaints were against banks, law firms, the FBI, HUD, and the Justice Department and seemed to be concerning a problem with construction of a home and claimed that the Mayor gave her the cold shoulder when she attempted to talk to him about it and tried to discredit her at a neighborhood association meeting. Mayor Moore refuted Mrs. Lemoins claims and reminded her that this is the third time Council has listened to her plight, again told her these are problems in which Council has no control, regulation or jurisdiction, and that personal attacks are not acceptable. Mrs. Lemoins allowed this is her time to speak and added comments about her son, obstruction of justice, conflict of interest, federal banking fraud, using the I.R.S. and Police Department to scare citizens, Police questioning her 8-year-old son without parental consent and claimed physical 23 January 16, 1996 threats were made against him, if they did not keep quiet and accused the Beaumont Enterprise of covering up the story. Mrs. Lemoins repeated that they "got the cold shoulder' from Mayor Moore, said she was glad to see one of her people become mayor, would like to support him, but said she is tired of sell-outs and accused him of being black on the outside and white on the inside and continued to express discontent with other member of the community. Mr. Tony Jones, 3715 East Lucas, said that both proponents and opponents of the Citizen Review Board have had ample opportunity to speak and it is time for action to occur, said personal attacks have no place In this debate, encouraged calmness, said this issue should not enter into the election process, applauded Councilman Davis for his actions and words and said he believes there are other issues such as streets, drainage, and the transit system that need to be included in the whole picture of city operation and relayed a story about a Police Officer taking time to assist him in crossing a busy street (Mr. Jones is legally blind). Mayor Moore said that Council tries to allow the meetings to be a forum for the people regarding problems that Council can act upon, said issues have been brought to Council that are not in their realm of power, and said In the last few weeks, personal attacks have been made and stories have been repeated in which Council cannot intervene. Mayor Moore said citizen input is encouraged, but that personal attacks are not permissible, said a few will not be allowed to instigate a racial parade; said we have problems and those problems can be fixed by resolving and working on them, not by name calling. -000- There being no further business, the regular session of City Council recessed before convening in workshop session. -000- 1, 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 January 16, 1996. Barbara Liming Deputy City Clerk 24 January 16, 1996