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HomeMy WebLinkAboutMIN JAN 19 1993 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 19, 1993 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 19th day of January, 1993, with the following present: HONORABLE: Brian R. Alter Mayor Pro Tem Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Councilman Samuel. The Pledge of Allegiance was led by Councilman Goodson. -000- Mayor Pro Tem Alter announced that Mayor Lord is in Washington, D. C. at a meeting of the U. S. Congress of Mayors, which happens to coincide with inaugural ceremonies for President-elect Clinton. -000- Mr. Ken Bartos, Chairman of the Parks and Recreation Advisory Commission, thanked Adrienne Patterson and the Alpha Kappa Alpha Sorority for joining the "Adopt-A-Park" program by accepting responsibility for caring for Alice Keith Park. -000- City Manager Ray Riley reported that for the sixth consecutive year, the City of Beaumont has received a "Certificate of Achievement for Excellence in Financial Reporting. . . " from the Government Finance Officers Association. Mr. Riley said he "is very pleased to receive this" award and to see significant improvement made "in not only the accounting systems, but in display and the use of the Comprehensive -13- January 19, 1993 Annual Financial Report. " Mr. Riley complimented the Finance Department Staff for this significant accomplishment and presented Finance Officer Sara Culbreth with the award. -000- Mayor Pro Tem. Alter welcomed the third, fourth and fifth-grade honors classes from Beaumont Christian Elementary School and their principal, Mardelle Hamby, who are visiting and observing City Council procedures. -000- Citizen Comment was invited on the Consent Agenda and Main Agenda Items 1 through 4. No one wished to address these subjects. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held January 12, 1993 ; and Resolution No. 93-13 appointing George Gardner to the Small Business Revolving Loan Fund Advisory Committee for a term expiring December 31, 1994 and confirming Mr. Gardner as Chairman of that committee for a term expiring January 19, 1994 . The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mr. Riley asked Mr. Joe Koshkin, representing Coopers and Lybrand, the City's appointed auditors, to present the 1991-92 Comprehensive Annual Financial Report to Council. Copies were presented to Council, and Mr. Koskin pointed out that the Financial Section contains an audit opinion from Coopers and Lybrand. Mr. Koshkin said this year's audit has been outstanding; "there were no significant problems encountered, no major adjustments, the financial integrity of the Accounting Department presented absolutely flawless results" to their auditors and said they were really impressed. Mr. Koshkin noted this is the last year of their contract and offered any assistance Coopers and Lybrand might give the City in the future. Council acknowledged receipt of the 1991-92 Comprehensive Annual Financial Report (CAFR) as presented by Coopers and Lybrand on a motion made by Councilman Smith and seconded by Councilman Moore. Question: Ayes: All Nayes: None -14- January 19, 1993 Resolution No. 93-14 authorizing a lease purchase financing contract and accept the bid of First Bank and Trust of Groves for the lease purchase of two (2) pumper trucks for use by the Fire Department at a fixed rate of 5.50% with annual payments in advance for Unit A for a total payout of $279,460. 16 including interest of $27, 658. 16 with the first payment due February, 1993 in the amount of $55,892. 03 and the final pay-off date February, 1997 and 54 basis point below index at the time of closing with annual payments in advance for Unit B was approved on a motion made by Councilman Moore and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 93-15 authorizing an annual contract with a one-year renewal option with Fernon's Office Products for office supplies for all City offices in the amount of $9, 183 .70 for specified high usage items and a 38% discount on catalogued items was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution No. 93-16 authorizing agreements with Jefferson County Drainage District No. 6 for joint participation in the expense for construction of two (2) drainage ditch crossings (Ditch No. 1004) at Perl and Spurlock Roads at a cost of $65, 000. 00 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Mayor Pro Tem Alter announced that an Executive Session will be held following Workshop Session in accordance with Section 2 (e) of the Texas Open Meetings Act to discuss contemplated or pending litigation: Gilbert Roy v. the City of Beaumont -000- PUBLIC HEARING 1993 ANNUAL UPDATE FOR A PLAN IMPLEMENTING THE COMPLEMENTARY PARATRANSIT REQUIREMENTS FOR ADA OF 1990 EXCERPT Mayor Pro Tem Alter: Now, we have a public hearing on the 1993 Annual Update for a plan -15- January 19, 1993 implementing the complementary paratransit requirements for the Americans of Disabilities Act of 1990. We will open that public hearing now. City Manager Riley: I 'd like to ask Tom Warner, if he would, in preference to the public hearing to explain the circumstances related to the requirements as, as we need to, to offer the public hearing today. Mayor Pro Tem Alter: Tom. Public Works Director Tom Warner: Thank you. Starting in 1992 we submitted a plan to the Federal Transportation Administration regarding our paratransit services. It's a new requirement that is a result of the new ADA regulations. As a part of that plan, each year we have to update the plan and list any milestones, accomplishments or any problems that we may have had during the previous year with the plan. As you will note in the documents that you received, is that we have been unable to receive a Federal grant in order to purchase the two paratransit vans that we'd originally anticipated getting during this year. Because of the denial of the grant, we are now looking at other alternatives to try to find a way in which we can purchase the paratransit vans. We will continue to do that. At the very least, we have scheduled that the purchase would occur next fiscal year in hopes that the grant would be received or that the City might have to put in additional funding in order to get the paratransit vans. Again, we will be continuing to work all year to try to find a method in financing. Be glad to answer any questions that anyone might have. Mayor Pro Tem Alter: Is there any specific reason that the grant was denied? Mr. Warner: Ah, yes. Just a little funding of, how the funding of, for transit systems in Texas works. We get monies each year, cities in Beaumont's population get monies from the Federal Transportation Administration based on a funding formula that has to do with population, population density. There are some twenty-five cities that fit in within Beaumont's population range in Texas. Only eighteen of them have transit systems. Although each of those cities would get some funding allocation, the cities that didn't have transit systems or the cities that did, that didn't use all their money, it became stock-piled or surplus. Then everytime we needed to make a capital purchase, such as the vans or the -16- January 19, 1993 buses that we just purchased within the last couple of years, we were able to go into these funds, and that's where the Federal share would come from. And, that was all the cities of Texas were using that. The state is a governor's apportionment state, which means that the Texas Department of Transportation has to concur with our grant application before the F.T.A. , Federal Transit Administration, will give us the money. What the Texas Department of Transportation has been doing since 1986, has been taking money out of the Urban Systems and giving it to the Rural Systems, and what has happened as a result is, depleted all the funds in the surplus so that it can no longer supply funds to purchase paratransit vans, mini-vans, any, in this case it was all our Capital Projects were denied. Just not the vans, but all our Capital Projects. Mayor Pro Tem Alter: The long and short of it is, that there's no more money. Mr. Warner: That is correct. Mayor Pro Tem Alter: Okay, does anybody else have any questions for Tom? If not we need to open the Public Hearing. Guy, then David. Councilman Moore: This letter addresses exploring alternative means of funding, cause we're certainly gonna have to have those type vehicles, so, have we thought through that one yet, what we're gonna do? Mr. Warner: There are a couple of options that are available to us, and we're exploring them all. Some of them have to do, for example, with the Clean Air Act, is that if we send all our paratransit vans to a, aah, to natural gas or LPG rather than gasoline or diesel, then we could get, possibly get the funding through that means is a, is a possible alternative. We're playing with three or four, we're still trying to talk to Austin and see if we can still get it funded. There are four cities in, in the state that did not get any allocations for the Capital Projects, and Beaumont was just one of the four. So, we're trying to work with the State and trying to get that funding, then also looking at all the other alternatives that might be out there. Councilman Moore: Mr. Manager, in the event that all those fail, will we be able to do -17- January 19, 1993 anything from our present budget to address this? Mr. Riley: We would, we would have to come back into our Capital Reserve. That is the type of item, just as we have had the full budget authority for purchasing major piece of equipment, we now could have that allocation be reallocated to some other purpose on an emergency basis, yes. Councilman Moore: Well, it's one of those items I, I don't want to see fall through the cracks, you know. Mayor Pro Tem Alter: Can't! Mr. Riley: We will be required to do it, it's just a matter of where the necessary funding will come, whether or not we'll receive any assistance from the Federal Government or whether or not we'll have to bear the entire expense on our own. Councilman Moore: Because it they don't give it to us, they're certainly gonna fine us, so I want to make sure we get. . . (inaudible) Mr. Riley: So, so we will have that, we anticipate having that reserve in our Capital Reserve. Councilman Smith: But, we need to explore every option in some window of alternate funding. With the huge cut-down of money, they're not going to retrospect either. Councilman Goodson: My question was essentially the same. Ah, we bid these vehicles would be subject to a lease-purchase opportunity just like the Mr. Riley: Yes. -18- January 19, 1993 Councilman Goodson: Also, we might need to be updated, Tom, on, I know a lot of the State agencies have grant funding on, on different annual year basis, and I assume that if we're going to be eligible, we will know we will be denied again well enough in advance so we can go outside. So, I assume that this will take some time to get these and to form in advance financing, if we had to do so other than out of the Capital shortfall. So, I sure appreciate hearing from you as soon as we can. If there's any opportunities, or if there's anything we can do in Austin to try to encourage any help, let us know. Mayor Pro Tem Alter: Any other questions or comments? Councilman Cokinos: Ah, Tom, being on the Transit liaison for the City Council, wasn't there a movement there to aah, fix the present buses that we have for the para, aah, in place of this, this request? Mr. Warner: We would still be using the existing equipment. These would be two additional paratransit vans, based on what we feel our estimated demand is going to be. So, we would still keep, there would be the purchase of these two, plus the three that we basically have in service full time now. Councilman Cokinos: Now, explain also the reason there's no accounting, there isn't any accounting for the Rural System that we requested during that, our regular meeting. Mr. Warner: Well, the Texas Department of Transportation has final say-so on how the monies will be spent, and what they've done is just transferred money from the Urban Systems into the Rural in the tune of about fifty (50) million dollars over six years. Councilman Cokinos: At the same time, there isn't an accounting of what was happening to the money in the rural, rural areas either, is there? Mr. Warner: That I don't know. -19- January 19, 1993 Councilman Cokinos: I thought there was. . . Mr. Warner: I think one of our comments was basically that, aah, what is happening is that the allocations have become more than the actual funding allocations that the Rural Systems were receiving. For example, they were, I think the allocation was nine (9) million dollars a year, and they were getting six (6) , seven (7) million in surplus funds. So, over half of their funding was coming out of the Urban Systems. Councilman Cokinos: So, the Urban System is out, isn't it? Mr. Warner: Well, eventually. . . Councilman Cokinos: Everything is going to the Rural. Mr. Warner: It could eventually build back up, but it's gonna take several years, actually, it's going to take more than several, it's gonna take many years to do that. Councilman Cokinos: Thank you very much. Mr. Warner: Yes Sir. Mayor Pro Tem Alter: Any other questions or comments? If not, we will open the Public Hearing for citizen comment on the Paratransit requirements implementing our plan. Is there anyone that wants, not now, Henry, not unless you wanted, it's about the paratransit, do you want to talk about that? (Mr. Dannenbaum gestured yes. ) -20- January 19, 1993 Mr. Henry Dannenbaum: Mayor Pro Tem, Gentlemen and Doc Smith, I 'm here to represent the company which I 'm proud to be a part of. I 'd like see us get these two new vans which we have about five new, I mean, handicap, five new handicap buses, five new commercial vans. And, I mean, it helps to know where each one of those vans is, and then when you talk about asking the State to help give us that funding, I 'm for that. I 'd like to see our City be authorized which Tom and, and my other boss is here, to say that we do need it. I am very proud to be a part of that commercial system Mayor Pro Tem Alter: Thank you, Henry. Mr. Dannenbaum: because I had a birthday, yesterday Mayor Pro Tem Alter: Thank you, Henry. Mr. Dannenbaum: that's how I get my new hat. Mayor Pro Tem Alter: Thank you, Henry. That's Henry Dannenbaum at 1567 Wall. If you do come up to speak, please be sure and give us your name and address for the record. Is there anybody else that would like to address this Public Hearing in this forum? Could somebody help him on the mike? councilman cokinos: Lawrence, how about helping him on the mike. (Assistance given by Mr. Lawrence Baker to gentleman in wheelchair. ) Mr. Dale Buehrle: Dale Buehrle, 2235 Hazle. I just want to thank the Council for being so supportive as far as purchasing the new buses, cause there is definitely a need. I think if you, you read the annual report and see aah, the number of denials, as far as trip requests, that there is a need. And, I really appreciate your support. That's all. -21- January 19, 1993 Mayor Pro Tem. Alter: Thank you. Would anybody else like to address the Public Hearing? Anyone else like to address the Public Hearing? If not, we will close the Public Hearing, and Mr. Manager, if you'll take us through Item 5. END OF EXCERPT Resolution No. 93-17 adopting the 1993 Annual Update for a Plan implementing the Complementary Paratransit Requirements of the Americans with Disabilities Act of 1990 indicating that all milestones in the plan were completed, except for the purchase of three paratransit vans was approved on a motion made by Councilman Smith and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None -000- - Public Hearing was called to consider the twenty-five (25) below listed dilapidated structures found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1470 Stewart - James E. Chatmon, owner (11 violations) , Staff recommendation to raze within 30 days; 2040 Poplar - Horace Hardy, owner (19 violations) , Staff recommendation to raze within 30 days; 740 Prairie (Downstairs & Upstairs) - Paul A. Brown, owner (10 violations) , Staff Recommendation to raze within 30 days; 1665 Washington Blvd. - Federal Home Loan Mortgage, owner (21 violations) , Staff recommendation to raze or repair within 30 days; 2105 Harriot - Gwen Demoulin, EST. OF John Melton Feiga, owner (25 violations) , Staff recommendation to raze or repair within 30 days; 2455 Washington Blvd (Commercial) , - Jefferson County Sheriff Sale 11-5-91, owner (10 violations) , Staff recommendation to raze within 30 days; 4020 Houston (commercial) - Rufus Williams, ET UX, owner (18 violations) , Staff recommendation to raze within 30 days; 4140 Ector - Ronald G. Paule, ET AL, owner (20 violations) , Staff recommendation to raze within 30 days; 2055 College (Commercial) - Vic Tortorice, owner (9 violations) , Staff recommendation to raze within 30 days; 3487 Westmoreland - Willie Bean, owner (18 violations) , Staff recommendation to raze within 30 days; 3880 Delores (22 violations) and 3882 Delores (23 violations) - Walter Kyles, Jr. ET UX, owner, Staff recommendation to raze both structures within 30 days; 580 N. Circuit - Howard L. Rogers, owner (20 violations) , Staff recommendation to raze or repair within 30 days; 580 N. Circuit (garage) - Howard L. Rogers, owner (17 violations) , Staff recommendation to raze within 30 days; 1956 Liberty - Adam Coward, owner (20 violations) , Staff recommendation to raze within 30 days; 2045 Pecos - Daniel J. Prudhomme, owner (22 violations) , Staff recommendation to raze within 30 days; 1925 Harrison (22 violations) and 1925 Harrison (Garage) (6 violations) - E. S. Lincoln, owner, Staff recommendation to raze both structures within 30 days; 1335-45 Magnolia - Mrs. James T. Ballard, owner (18 -22- January 19, 1993 violations) , Staff recommendation to raze within 30 days; 1280 Grand - J. T. Fuller, owner (22 violations) , Staff recommendation to raze within 30 days; 3770 Pine -Patricia A. Cantue, owner (15 violations) , Staff recommendation to raze within 30 days; 4360 Carnegie - Sue Stewart, owner (20 violations) , Staff recommendation to raze within 30 days; 2060 Toledo - Herford Callender c/o Helen C. Wilson, owner (22 violations) , Staff recommendation to raze within 30 days; 2078 Tulane - Mercedes Broussard, owner (20 violations) , Staff recommendation to raze within 30 days; and 3080 Concord - Myrtle Moore Powell, owner (22 violations) , Staff recommendation to raze within 30 days; These parcels of property have been inspected, are vacant, and found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notices have been sent to owners by Certified Mail and published in the Beaumont Enterprise. The twenty-six (26) structures listed below 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. The Community Development Division of the Administrative Services Department is requesting authorization from the City Council to demolish these structures in accordance with the Dangerous Structure Ordinance and charge the property owners with the cost of the demolition. 3245 Chaison (Garage Apt. ) , 1305 Crockett (Comm. ) , 1365-95 Crockett (Comm. ) , 1200 East Drive, 3349 Grand, 1255 Harriot, 1255 Harriot (Garage Apt. ) , 2445 Hegele, 6845 Highway 105, 370 E. LaSalle, 1488 Louisiana, 1235 Maple, 1245 Maple, 635 Marv, 2295 Orange (Garage Apt ) , 1596 Pipkin, 2145 Renaud, 2105 Rusk, 429 San Jacinto, 1962 Southerland, 2265 Southerland, 2675 Southerland, 2760 Tannis, 5870 Tyrrell Park, 3338 West, and 3338 West (Garage) . Mr. Doug Sikes, 590 North Circuit, Mr. H. J. McCormick, 550 North Circuit, Mrs. Betty O'Quinn, 296 Manor, and Mrs. Nell McCormick, 550 North Circuit, as concerned neighbors, addressed Council in support of razing the property at 580 North Circuit, stating that rotten flooring, out-of-date plumbing, foundational damage and other structural problems cause the building to be sub-standard and beyond repair and creates a safety hazard, as well as an unsightly neighborhood and questioned demolition procedures. Councilman Goodson verified that the owner has been given an opportunity to initiate a work program and expressed a recommendation that the structure be place on the list for demolition. Mr. Scott Schaffer, 251 Bonura, owner of the property at 6845 Highway 105 damaged by fire about three years ago, addressed Council to request a 90-day extension for repairs of the structure. Mr. Lawrence Baker advised Council this is the second time for this structure to appear before Council, no work was initiated during the past four months, has received several complaints from neighbors about the structure and lack -23- January 19, 1993 of work and has been brought to Council based on these facts. Mr. McKinley Owens, on behalf of his mother, addressed Council regarding the property at 3487 Westmoreland. He reported that his mother's brother, Willie Bean, has died and his mother is trying to obtain ownership of the structure and would like to begin rehabilitation as soon as an extension is granted. Mr. Al Victoria, 2340 Broadway, addressed Council regarding the structure at 2105 Rusk. Mr. Victoria said his brother has transferred ownership to him, and he requested an extension of time to rehabilitate the structure. Mr. Lawrence Baker advised Council that his records indicate the owner of record is Lola Adams and that Mr. Victoria was initially enrolled in a work program in November, 1991, but no work was ever initiated, there is further deterioration and the structure is in such condition that his department can only recommend demolition, and, based on past record, do not feel a work program will be completed. Mr. Baker informed Council that Mrs. Chavis would like to address Council regarding 429 San Jacinto. He said Mrs. Chavis has been on a work program and needs additional time. Mrs. Josephine Chavis, owner of the property at 429 San Jacinto, addressed Council to explain that during the established work program her husband suffered a stroke and she has been hospitalized three times. She said work has proceeded on the house, but said she needs extra time to complete the project by September. Mr. Baker added that Mrs. Chavis has a "No Trespassing" sign posted, the Police Department will enforce the posting to deter loitering and illegal drug activity, and the house is properly secured. There being no one else to address Council, the Citizen Comment portion of the Public Hearing was closed. Mr. Baker informed Council that Mrs. Perkins, owner of the structure at 1200 East Drive, came into his office today and enrolled in a work program with a contractor and bid procedure outlined and asked that this house be removed from the raze portion of the ordinance. Mayor Pro Tem Alter apologized for leaving the meeting to take care of an extremely pressing matter at 3 : 00 p.m. and said that he had asked Councilman Moore to Chair the remainder of Council proceedings. (Mayor Pro Tem Alter excused himself from the meeting at 2:45 p.m. ) As a matter of record, Councilman Cokinos verified that in Item No. 6 (2455 Washington) , the listing of ten bedrooms was a typographical error and should have been listed as violations. -24- January 19, 1993 i Ordinance No. 93-3 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners was considered: ORDINANCE NO. 93-3 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. After listening to requests of citizens, reviewing slides of the structures and evaluating each structure, Council concurred that the structure at 580 North Circuit should be moved to Section 3 to allow the owner to demolish the structure within 30 days, 3487 Westmoreland should be moved to Section 2 to allow a work program to be established, and 429 San Jacinto and 1200 East Drive be deleted from Section 4 authorizing demolition and removal by the City. Ordinance No. 93-3, as amended, was approved on a motion made by Councilman Goodson and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Councilman Goodson reported an abundance of activities throughout the weekend and expressed appreciation to those involved in remembrance of Dr. Martin Luther King, Jr. Councilman Samuel commended and thanked the congregation of West Tabernacle Baptist Church, the NAACP, the Martin Luther King, Jr. Support Group, and those who participated in the programs this weekend. He said it was very successful and a great celebration of Dr. King's birthday and holiday, and most of those with whom he spoke expressed a renewed hope in Dr. King's dream living on. However, he said that at the parade there was some concern that clouded the celebration. Councilman Moore said he was unable to attend the local activities because of being out of the city, but did attend a service in New Brunswick, New Jersey where the Reverend Calvin Butz from the Harlem area presented a program on Dr. King and said it was "most outstanding" and shows the dream does live on. He said the number of local activities speaks well of our community and the individuals planning them. -000- Mr. Sam Bean, President of the Beaumont Chapter of the NAACP, 5750 Fleetwood, addressed Council to express disappointment and concern at -25- January 19, 1993 the lack of respect displayed by individuals in large trucks and trailers interferring with the parade route last Saturday honoring Dr. Martin Luther King, Jr. , blowing horns and endangering the lives of children. Mr. Gene Perkins, 2590 Bolivar, addressed Council to complain about the lack of Police personnel assignment at the parade, said there was only one Police Officer guiding the parade and no one at the rear to direct or control traffic, asked that Council be sensitive and take a stand to avert further possible incidents. The Reverend Samuel Leday, operator of a business at 1445 Lindberg Drive, addressed Council in support of Mr. Bean's comments anask� the City Manager to allow concerned citizens of Beaumont to be a part of the selection process of a new Police Chief. In response, Councilman Moore assured citizens that public safety is a major concern to Council, and that as public servants, are sensitive to situations. He said Council wants to know more about the unfortunate incident that occurred Saturday, even though a lot cannot be done about it now, but want to avoid anything like that happening again. He expressed appreciation for the citizen comments about the occurance, said that preservation and protection of our community is in all of our hand and that only through positive dialogue will differences be resolved. Councilman Samuel said he waited for citizen comment before expressing his views. He said that when he arrived at the Rally, he witnessed the anger, hurt and disappointment in the occurances. He said there were a lot of children, a lot of people with good intentions and a symbol of what Dr. King wanted because there was an air of peace even after the disturbance. He added his concern that only one officer was assigned to the parade and said "that does show insensitivity. " Councilman Samuel said that when citizens speak, it is up to Council to be sure they are heard and appropriate action taken, apologized for the incident and said he hopes nothing like this happens again. -000- There being no further business, the Regular Session of City Council was recessed to reconvene in Workshop Session. -000- I, Rosemarie Chiappetta, 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 19, 1993. Rosemarie Chiappetta City Clerk -26- January 19, 1993 PUBLIC HEARING JANUARY 19, 1993 1993 ANNUAL UPDATE FOR A PLAN IMPLEMENTING THE COMPLEMENTARY PARATRANSIT REQUIREMENTS FOR ADA OF 1990 THOSE PRESENT: Brian Alter Mayor Pro Tom Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Absent: Evelyn M. Lord Mayor Ray A. Riley City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk -000- EXCERPT Mayor Pro Tom Alter: Now, we have a public hearing on the 1993 Annual Update for a plan implementing the complementary paratransit requirements for the Americans of Disabilities Act of 1990. We will open that public hearing now. City Manager Riley: I 'd like to ask Tom Warner, if he would, in preference to the public hearing to explain the circumstances related to the requirements as, as we need to, to offer the public hearing today. Mayor Pro Tom Alter: Tom. Public Works Director Tom Warner: Thank you. Starting in 1992 we submitted a plan to the Federal Transportation Administration regarding our paratransit services. It's a new requirement that is a result of the new ADA regulations. As a part of that plan, each year we have to update the plan and list any milestones, accomplishments or any problems that we may have had during the previous year with the plan. As you will note in the documents that you received, is that we have been unable to receive a Federal grant in order to purchase the two paratransit vans that we'd originally anticipated getting during this year. Because of the denial of the grant, we are now looking at other alternatives to try to find a way in which we can purchase the paratransit vans. We will continue to do EXCERPT--PAGE 2 that. At the very least, we have scheduled that the purchase would occur next fiscal year in hopes that the grant would be received or that the City might have to put in additional funding in order to get the paratransit vans. Again, we will be continuing to work all year to try to find a method in financing. Be glad to answer any questions that anyone might have. Mayor Pro Tem Alter: Is there any specific reason that the grant was denied? Mr. Warner: Ah, yes. Just a little funding of, how the funding of, for transit systems in Texas works. We get monies each year, cities in Beaumont's population get monies from the Federal Transportation Administration based on a funding formula that has to do with population, population density. There are some twenty-five cities that fit in within Beaumont's population range in Texas. Only eighteen of them have transit systems. Although each of those cities would get some funding allocation, the cities that didn't have transit systems or the cities that did, that didn't use all their money, it became stock-piled or surplus. Then everytime we needed to make a capital purchase, such as the vans or the buses that we just purchased within the last couple of years, we were able to go into these funds, and that's where the Federal share would come from. And, that was all the cities of Texas were using that. The state is a governor's apportionment state, which means that the Texas Department of Transportation has to concur with our grant application before the F.T.A. , Federal Transit Administration, will give us the money. What the Texas Department of Transportation has been doing since 1986, has been taking money out of the Urban Systems and giving it to the Rural Systems, and what has happened as a result is, depleted all the funds in the surplus so that it can no longer supply funds to purchase paratransit vans, mini-vans, any, in this case it was all our Capital Projects were denied. Just not the vans, but all our Capital Projects. Mayor Pro Tem Alter: The long and short of it is, that there's no more money. Mr. Warner: That is correct. Mayor Pro Tem Alter: Okay, does anybody else have any questions for Tom? If not we need to open the Public Hearing. Guy, then David. Councilman Moore: This letter addresses exploring alternative means of funding, cause we're certainly gonna have to have those type vehicles, so, have we EXCERPT--PAGE 3 thought through that one yet, what we're gonna do? Mr. Warner: There are a couple of options that are available to us, and we're exploring them all. Some of them have to do, for example, with the Clean Air Act, is that if we send all our paratransit vans to a, aah, to natural gas or LPG rather than gasoline or diesel, then we could get, possibly get the funding through that means is a, is a possible alternative. We're playing with three or four, we're still trying to talk to Austin and see if we can still get it funded. There are four cities in, in the state that did not get any allocations for the Capital Projects, and Beaumont was just one of the four. So, we're trying to work with the State and trying to get that funding, then also looking at all the other alternatives that might be out there. Councilman Moore: Mr. Manager, in the event that all those fail, will we be able to do anything from our present budget to address this? Mr. Riley: We would, we would have to come back into our Capital Reserve. That is the type of item, just as we have had the full budget authority for purchasing major piece of equipment, we now could have that allocation be reallocated to some other purpose on an emergency basis, yes. Councilman Moore: Well, it's one of those items I, I don't want to see fall through the cracks, you know. Mayor Pro Tem. Alter: Can't! Mr. Riley: We will be required to do it, it's just a matter of where the necessary funding will come, whether or not we'll receive any assistance from the Federal Government or whether or not we'll have to bear the entire expense on our own. Councilman Moore: Because it they don't give it to us, they're certainly gonna fine us, so I want to make sure we get. . . (inaudible) Mr. Riley: So, so we will have that, we anticipate having that reserve in our Capital Reserve. EXCERPT--PAGE 4 Councilman smith: But, we need to explore every option in some window of alternate funding. With the huge cut-down of money, they're not going to retrospect either. Councilman Goodson: My question was essentially the same. Ah, we bid these vehicles would be subject to a lease-purchase opportunity just like the Mr. Riley: Yes. Councilman Goodson: Also, we might need to be updated, Tom, on, I know a lot of the State agencies have grant funding on, on different annual year basis, and I assume that if we're going to be eligible, we will know we will be denied again well enough in advance so we can go outside. So, I assume that this will take some time to get these and to form in advance financing, if we had to do so other than out of the Capital shortfall. So, I sure appreciate hearing from you as soon as we can. If there's any opportunities, or if there's anything we can do in Austin to try to encourage any help, let us know. Mayor Pro Tem Alter: Any other questions or comments? Councilman Cokinos: Ah, Tom, being on the Transit liaison for the City Council, wasn't there a movement there to aah, fix the present buses that we have for the para, aah, in place of this, this request? Mr. Warner: We would still be using the existing equipment. These would be two additional paratransit vans, based on what we feel our estimated demand is going to be. So, we would still keep, there would be the purchase of these two, plus the three that we basically have in service full time now. Councilman Cokinos: Now, explain also the reason there's no accounting, there isn't any accounting for the Rural System that we requested during that, our regular meeting. Mr. Warner: Well, the Texas Department of Transportation has final say-so on how the EXCERPT--PAGE 5 monies will be spent, and what they've done is just transferred money from the Urban Systems into the Rural in the tune of about fifty (50) million dollars over six years. Councilman Cokinos: At the same time, there isn't an accounting of what was happening to the money in the rural, rural areas either, is there? Mr. Warner: That I don't know. Councilman Cokinos: I thought there was. . . Mr. Warner: I think one of our comments was basically that, aah, what is happening is that the allocations have become more than the actual funding allocations that the Rural Systems were receiving. For example, they were, I think the allocation was nine (9) million dollars a year, and they were getting six (6) , seven (7) million in surplus funds. So, over half of their funding was coming out of the Urban Systems. Councilman Cokinos: So, the Urban System is out, isn't it? Mr. Warner: Well, eventually. . . Councilman Cokinos: Everything is going to the Rural. Mr. Warner: It could eventually build back up, but it's gonna take several years, actually, it's going to take more than several, it's gonna take many years to do that. Councilman Cokinos: Thank you very much. Mr. Warner: Yes Sir. EXCERPT--PAGE 6 Mayor Pro Tem Alter: Any other questions or comments? If not, we will open the Public Hearing for citizen comment on the Paratransit requirements implementing our plan. Is there anyone that wants, not now, Henry, not unless you wanted, it's about the paratransit, do you want to talk about that? (Mr. Dannenbaum gestured yes. ) Mr. Henry Dannenbaum: Mayor Pro Tem, Gentlemen and Doc Smith, I 'm here to represent the company which I'm proud to be a part of. I 'd like see us get these two new vans which we have about five new, I mean, handicap, five new handicap buses, five new commercial vans. And, I mean, it helps to know where each one of those vans is, and then when you talk about asking the State to help give us that funding, I 'm for that. I 'd like to see our City be authorized which Tom and, and my other boss is here, to say that we do need it. I am very proud to be a part of that commercial system Mayor Pro Tem Alter: Thank you, Henry. Mr. Dannenbaum: because I had a birthday, yesterday Mayor Pro Tem Alter: Thank you, Henry. Mr. Dannenbaum: that's how I get my new hat. Mayor Pro Tem Alter: Thank you, Henry. That's Henry Dannenbaum at 1567 Wall. If you do come up to speak, please be sure and give us your name and address for the record. Is there anybody else that would like to address this Public Hearing in this forum? Could somebody help him on the mike? Councilman Cokinos: Lawrence, how about helping him on the mike. (Assistance given by Mr. Lawrence Baker to gentleman in wheelchair. ) Mr. Dale Buehrle: Dale Buehrle, 2235 Hazle. I just want to thank the Council for being so supportive as far as purchasing the new buses, cause there is definitely a need. I think if you, you read the annual report and see aah, the EXCERPT--PAGE 7 number of denials, as far as trip requests, that there is a need. And, I really appreciate your support. That's all. Mayor Pro Tem Alter: Thank you. Would anybody else like to address the Public Hearing? Anyone else like to address the Public Hearing? If not, we will close the Public Hearing, and Mr. Manager, if you'll take us through Item 5. END OF EXCERPT