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HomeMy WebLinkAboutMIN JAN 20 1987 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 20, 1987 - 1:15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 20th day of January, 1987, with the following present: HONORABLE: David W. Moore Mayor Pro Tem and Councilman, Ward IV Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Nell Pruitt Weisbach Councilman, Ward I Mike Brumley Councilman, Ward II Audwin Samuel Councilman, Ward III Absent: Maurice Meyers Mayor Albert E. Haines City Manager Lane Nichols City Attorney Myrtle Corgey City Clerk -000- The Invocation was given by the Reverend A. Louis Jones, pastor of the Scott Olive Baptist Church. The Pledge of Allegiance was led by Councilman Cokinos. -000- Two proclamations were issued: "School Nurses Week in Beaumont" - January 19- 23, 1987 with special recognition for "School Nurses Day in Beaumont" - January 28, 1987 and a proclamation recognizing Beth Little, present Manager of the Miller Memorial Branch Library, who has accepted a position in another City. -000- The following items of the Consent Agenda were considered: Approval of the Minutes of the regular City Council session held January 13, 1987; Resolution 87-11 appointing Carmen O'Shea to the Transit Advisory Committee, replacing George McLaughlin, with the term to expire June 30, 1989; reappointing Katie Lane to the Parks and Recreation Advisory Committee, term to expire June 30, 1989; Ed Edson to the Reinvestment Zone No. 1 Board of Directors, term to expire December 31, 1989; and Gerald Farha as an alternate member of the Zoning Board of Adjustment, with the term ending September 30, 1989; and -14- January 20, 1987 Resolution 87-12 authorizing the City Manager to execute a deed conveying the City's interest in a portion of Lots 6 (Parcel 156 - 2,705 square feet), 7 (Parcel 157 - 6,068 square feet) and 8 (Parcel 158 - 5,663 square feet), Block 1 of the Giordano Addition (located on the northeast side of Spur 380 between the intersections of Lyle Street and Pennsylvania Avenue, acquired in a Sheriff's Sale for delinquent taxes including $1,542.56 owed to the City and $1,457.26 owed to Beaumont Independendent School District - the State will compensate the City and School District and pay the $348.30 for the cost of the Sheriff's Sale) to the State for the Martin Luther King, Jr. , Parkway, Spur 380, right-of-way. The Consent Agenda was approved on a motion made by Councilman Lee and seconded by Councilman Brumley Question: Ayes: All Nayes: None -000- Public comment on Agenda Items B through D was called: Mr. Eddie Evans, Reed Service Company, representing the Air Conditioning Contractors, addressed Council concerning Agenda Item B.2. , asking for clarification for the rejection of the six recommendations made by the group of contractors asked by the City to review the 1985 Edition of the Standard Mechanical Code. Others addressing Council in support of questions and concerns expressed by Mr. Evans were: Messrs. Ric Warchol, general manager of the Americano Motor Inn, 1155 Interstate 10; David Suire, Cobb Air Conditioning; James Cornell, Air Comfort, Inc. ; Don Potter, American Air Systems; and Neal Baker, Thermacon, Inc. Mr. Herman Quinton, Chairman of the Plumbing & Mechanical Board of Review, addressed Council to review procedures involved in making these recommendations to Council, but agreed that another meeting with the air conditioning contractors for clarification as well as further review of the recommendations would probably resolve many of the issues. In answer to a question by Councilman Lee concerning similar problems with the 1985 Edition of the Standard Gas Code as amended, Mr. Raymond Noack, Noack Plumbing Company, responded that the only change was for the wrapping of metallic gas piping in contact with earth or other material which may corrode the piping with a minimum thickness of 14 millimeters and that he knew of no objections to this code as amended. -000- An ordinance adopting the 1985 Edition of the Standard Gas Code as amended (Amendment I - Section 309.13 - Protection of Corrosion: Revision: Metallic gas piping in contact with earth or other material which may corrode the piping, shall be protected against corrosion by wrapping pipe with a minimum thickness of 14 millimeters and Amendment II - deletion of Appendix C: Recommended Fee Schedule, because a separate fee schedule has been approved and adopted by ordinance on April 19, 1983, was deferred one week on a motion made by Councilman Cokinos and seconded by Councilman Lee. Question: Ayes: All Nayes: None -15- January 20, 1987 City Manager Haines pulled an ordinance adopting the 1985 Edition of the Standard Mechanical Code, with Appendixes A and B, as amended (amending Section 503.2 - Commercial Duct System) from the agenda to allow for clarification and further review by members of the Plumbing and Mechanical Board of Review, air conditioning contractors and City staff. After a lengthy discussion, a meeting was scheduled for this purpose to be held Wednesday, January 21 , 1987, at 4:00 p.m. in the City Council Chambers. Councilman Samuel made a motion to have this item placed on the Workshop Agenda for the meeting of January 27, 1987, and placed on the agenda for action at the regular City Council session scheduled for 7:00 p.m. , February 3, 1987; motion was seconded by Councilman Cokinos. Question: Ayes: All Mayes: None -000- Resolution 86-13 awarding contracts for furnishing a year's requirement of reinforced concrete pipe to Pyramid Concrete Pipe for 12-inch pipe at $4.34 plf, 15-inch at $4.94 plf, 18-inch at $5.59 plf and box culvert at $901.25 each and to National Concrete Products for 21-inch at $6.99 plf, 24-inch at $8.49 plf, 30-inch at $12.04 plf, 36-inch at $17.73 plf, 42-inch at $24.85 plf and 48-inch at $30.62 plf, was approved on a motion made by Councilman Weisbach and seconded by Councilman Samuel. Question: Ayes: All Mayes: None -000- Resolution 86-14 authorizing the purchase of a hydraulically powered digger/derrick truck for the Public Works Department from UEC Equipment Company of Oklahoma City, Oklahoma at an amount of $76,107.00 was approved on a motion made by Councilman Lee and seconded by Councilman Brumley. Question: Ayes: All Mayes: None -000- COUNCILMAN BRUMLEY: I've got one thing that I would like to ask. Needless to say, what's transpired the first two weeks of the year, as it relates to fire deaths, is fairly alarming, extremely profound. And, what I'd like to ask from the City Manager's Office is some type of participation - whatever is available, and I am sure it is going to be done independently by the Fire Department - to look into some means toward education for the safety as it relates to what appears to be the cause of a lot of these deaths and that's the space heaters. I can tell you, and I am no expert on the media, but I think that if we can maximize. . . the best way it's going to be done to me is to educate these people by way of mass media, and you can't do it door-to-door, but it's a pretty serious thing, needless to say, to have done what we've had done here in the City here lately. -16- January 20, 1987 COUNCILMAN BRUMLEY continued: And, I think it's not necessarily an easy type thing because I think we have a good fire safety program for the citizens but if we can get the cooperation of the media to make available educating time that's keyed to these people that need the information on fire safety, that would be a tremendous help but I think it needs to be a mass effort, specifically coming from Council and the City Manager's Office that this is a crucial thing that's happening and it's important that we address it immediately before . . . we've got cold time now and it's not going to get any warmer before March and April and the sooner we do it, the possibility of avoiding what's already happened several times. . . COUNCILMAN LEE: I couldn't agree any more. I don't think anybody on this Council would have a problem with trying to determine some manner - maybe it would be based on where those occurrences have taken place up to now to determine whether or not there might be an isolated area or areas of the community that could be singled out that could possibly . . we could possibly mount a door-to-door campaign or maybe a door-to-every-other-door campaign so that those people who are consistent users of space heaters and who may be elderly could be instructed or cautioned personally. I know that that maybe a little bit more time consuming than we would like but I think but because of the experience that we've had over the past several weeks, it certainly could warrant at least investigating it and I would certainly like to hear from the Chief or Tommy (May) about what their thoughts might be. COUNCILMAN COKINOS: I know there is a strong program in the Fire Department as smoke alarms and I know that Mr. Mays is energetically following that program as a safety measure, maybe along that line, the smoke alarms, Mr. May. FIRE CHIEF C. A. SHELTON: We want to thank the Council for their concern today for fire safety. As you know, fire has no choices, the rich, the poor, the Black and the White. I think the key to fire safety in this City is going to be education as the Council has pointed out through the news media. And, certainly I know that Mrs. Harrington came in today has a concern that there is a possibility that open space heaters could be abolished and there is not any intent on the Council nor the Fire Department to abolish open space heaters in this City because so many people, probably about 40 % of the people in our City, depend on space heaters. I know what it is, Mrs. Harrington. I was raised in a home with single floors, no wallpaper and everything and it's important to the poor people that we not abolish open space heaters. So, that is not our intent, but I think that education is the key and certainly we appreciate . . . we are grateful to Council for your support today and we hopefully can work with the news media to get the word out and any other suggestions that you might have, we'd be happy to provide that and to Councilman Cokinos' remarks about smoke detectors, if any of you know anyone that does not have a smoke detector in their home, cannot afford it, the poor, we will be happy to try to provide it. I know that Southwestern Bell and the Rotary Club has provided . . . -17- January 20, 1987 CAPTAIN TOMMY MAY, Fire Department Public Information Officer: West End Rotary Club . . . CHIEF SHELTON: West End Rotary Club, thank you, Tommy, and we have some promises that we will have some additional smoke detectors coming along. So, Tommy, would you like to add to this? CAPTAIN MAY: Like to while we have this opportunity, three tips that we are stressing to the media as well as individuals: no. 1, proper placement of the space heater as well as proper installation is critical. No. 2 is along the same line as placement, be sure that combustibles are kept clear of the space heaters. That seems to be one of the major factors of the recent deaths is people become complacent this time of year. We've had already a number of months of cool weather. They've become complacent and simply leave combustibles too close by and that has caused fires and the last thing is space heaters don't last forever. They do either have to be replaced or properly maintained to have a good safe operation, but we have been installing as many detectors as we can into these homes in particular, especially those that are elder or extreme needy type of families but we do want to encourage everybody to install smoke detectors in their home. That's probably the one best thing that every home owner could do as far as fire safety. So, that's really critical. MAYOR PRO TEM MOORE: Chief, Tommy, thank you very much. Councilman Brumley, I do appreciate your bringing that forward. I was going to make a comment similar to that and I think all members of Council agree that hopefully with the assistance of the media, we can get on a fire prevention campaign and educate those who use the space heaters. COUNCILMAN BRUMLEY: Yes, but I would have to agree with what Bob says though. I think it is going to take a little bit more than a media campaign. You know, it may take additional man hours to target areas that might have a great susceptibility to these fires and if it's every other door or every third door or whatever the case might be, maybe that's what we need to do because we don't know how effective the media might be. COUNCILMAN LEE: Let me ask a question. Don't we have a li t . . isn't there a list of elderly and infirmed individuals within the City that maybe the Health Department and the Police Department have in their possession? -18- January 20, 1987 CITY MANAGER HAINES: I'm not sure how complete they are, but yes there are lists. COUNCILMAN LEE: Maybe we could begin with that list and either make telephone calls or direct contact with some of these to see, and I would be willing to lend a hand with this situation this weekend and possibly make a few visits to see whether or not, Chief, our media campaign is in fact getting through to the people who really need to hear and be aware of the dangers that exist with those space heaters. So, if we could get a list of those names, at least I would be willing to do a little walking around. COUNCILMAN COKINOS: I noticed also, Chief, that there was how many children, two or three children? CHIEF SHELTON: Two. COUNCILMAN COKINOS: Two children . . . have you got any type of program in the schools that . . . as far as fire prevention is concerned to pass it on to their parents or something? CHIEF SHELTON: Yes, we do educational programs in the schools frequently but these were children not in school. MAYOR PRO TEM MOORE: Sorry, Councilman, that we have to mention that but it is a very integral part and we should do something on that. COUNCILMAN COKINOS: Thank you. -000- Councilman Weisbach mentioned that the monthly activities report stated that the Public Works administrator had compsleted his survey of the automatic pickup of sanitation and questioned when the report would be released to Council. Mr. Warner, Director of Public Works, said he was unaware that the report had been completed but would check for Council. Councilman Samuel reported large potholes in Helbig Road. -000- -19- January 20, 1987 COUNCILMAN LEE: We might as well bring up the big deal in the newspaper and on tv last night relative to the Police Department. I think that we all need to be aware of the dedication of the Police Department as a unit to provide exemplary service to the community. I think that, Mr. Manager, as you and I have discussed earlier this morning that certain activities need to be undertaken to insure that there's proper communication within the department and that the Police Department as a whole is understanding of the Council and your administration's concern for a properly functioning department and if you have any insight or any suggestions that have come to mind between our conversation this morning and today, I would love to hear about them. CITY MANAGER RAINES: Well, I do have some insights, obviously, but I think at this point, and I guess I might as well tell Council that I spent a little bit of time this morning meeting with the command officers of the department - the majors - and reviewing some of the events of the last 30 days or so, as well as spending some time discussing some of the communication issues. I'd like to, perhaps for the Council's information, let you all know - I don't recall ever using the term morale. Morale is a term that, in my opinion, has no definition and doesn't really mean much, so we didn't talk about morale. We talked about some very specific things. I feel that at least there's a committment on the part of those individuals that I met with this morning that they are truly interested in the best for the department. They are loyal. They're dedicated to the department and to its mission and I think we were both able to realize that my views were the same. I think we both concluded that it was unfortunate that some suggested that the best way to resolve differences is through the media and I guess my position at this point is that I'm convinced and committed that the decisions that I have made relative to the management of that department are correct; that there's a process underway relative to the recruitment of a new chief. We all understand that process and it will go to its conclusion and, in the meantime, there are hurdles. There are going to be times of frustration and tension and I think we have been able to identify some means of handling that in a better manner than it was handled yesterday. I guess, essentially, Councilman, that's what I would report to you and its relative as to the rest of Council this afternoon that we had a good meeting this morning and we got some things resolved. COUNCILMAN LEE: Very well, thank you. -20- January 20, 1987 MAYOR PRO TEM MOORE: Does any other members of Council have any more comments? I have a few that I would like to make. In response to the newspaper articles and the correspondence we've received in City Hall, I do feel that communication is extremely important and if they are handled properly, it could eliminate some of the problems we are having. Also, I think it is equally important that members of the community understand, not only did we have a turnover of a Police Chief and we are out in the recruiting process, we also had a number of small problems that needed to be addressed and addressed well in great detail and I think that staff is doing a good job of this and I can appreciate the fact that you are standing firm in your position to make sure that it is handled properly. And, publicly, I would just like to make the statement that I truly support the process that's in place and I think the sooner that more of us accept this and understand that we are doing this in the betterment of the community, you know, we will all be a lot better off and I think we will resolve the problem quicker. -000- Mayor Pro Tem Moore called an Executive Session, pursuant to Section IIe of the Texas Open Meetings Act, to be held immediately following the City Council Workshop Session, to consider pending litigation. -000- MAYOR PRO TEM MOORE: Also, in a much, much more positive note, I'd like to commend the M. L. King Parkway Commission for the outstanding program that they brought to us this past Sunday. I know many members of Council were present there and a large number of people - in excess of 1,000 people, and I think everything went off without a hitch and it was a very, very well done program. -000- Mrs. Delia Harrington, 815 Willow Street, addressed Council to express her concern for the recent fire deaths and to urge that use of open space heaters continue to be allowed, saying that as a user of open space heaters, she maintains hers properly by cleaning it at least twice a year and encouraged educational programs on the proper placement and maintenance of the heaters. Mr. Henry Dannenbaum, 1567 Wall, again addressed Council to complain about unsupervised and uncertified halfway houses and boarding houses being used by various types of clients for rehabilitation. -21- January 20, 1987 Mrs. Jessie Cooper, 446 Georgetown, addressed Council concerning the proposed congressional pay raise and suggested that "anyone here who is interested in having our taxes go down might consider what this amendment to the Constitution has. The Constitution amendment is to prevent members of Congress raising their pay before before they go through an election and this amendment was part of the original Bill of Rights back in 1789 and it's . . there's no deadline on this Constitutional amendment. Thirteen states have agreed to the amendment and my request to you is that you contact Governor Clements and members of our State Legislature. Texas has not ratified it. The last ones were ratified in 1985; but there are thirteen states and all we need is thirty-eight to prevent congressmen from raising their pay without having faced an election. . . ." -000- There being no further business, the meeting was recessed before continuing with the City Council Workshop Session. -000- I, Myrtle Corgey, 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 20, 1987. Myrtle Corgey City Clerk -22- January 20, 1987