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HomeMy WebLinkAboutMIN JAN 19 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 19, 1988 - 1: 15 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, 1988, with the following present: HONORABLE: Mike Brumley Mayor Pro-Tem Councilman, Ward II Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV ABSENT: Maurice Meyers Mayor Albert E. Haines City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend James Boswell, Pastor of the Mount Zion Baptist Church. The Pledge of Allegiance was led by Councilman Samuel. -000- Mayor Pro-Tem Brumley announced that Mayor Meyers is in Houston to be with his daughter, Peggy, after the birth of her son and the Meyers ' second grandchild and extended best wishes to them. -000- One proclamation was issued: "National Activity Professionals Day, " January 22 , 1988. -000- Mayor Pro-Tem Brumley called forward .Public Works Director Tom Warner to introduce another participant in the "Adopt-A-Park Program" and explain the procedure. -19- January 19, 1988 G TOM WARNER: As Council is aware, we have started "Adopt-A-Park Program. " It has been actively pursued by our Parks and Recreation Committee. To date, we have four organizations, with the organization today there will be four organizations who have agreed to adopt various parks or areas of parks in the city. We have the Jefferson County Sheriff and Deputy' s Association who took Temple of the Brave, Sigma Nu Fraternity which is handling Roger' s Park, the Traveler' s Protective Association of America who is handling Perlstein Park. Today we have - another group from Jefferson County; it is the Jefferson County Restitution Center. They have agreed to do the minimum maintenance task which includes litter, trash, debris, brush pickup on a bi-weekly basis, then also to report any vandalism or damage on a weekly basis. In addition, they've agreed to do some optional, or additional, tasks which include bi-weekly mowing, and then also trimming and edging, both which would be done a bi- weekly basis. Today, I 'd like to introduce Clay Childress who is the director of Jefferson County Restitution Center and Ken Denson the employment manager with the Restitution Center. If you all, Mayor, if you would like to step down and Councilman Samuel, is that the group that adopts a park gets to sign, basically, their life away for a year! We have them under contract to perform these maintenance functions, and we appreciate them coming forward and volunteering to do that. COUNCILMAN SAMUEL: Which park is it? MR. WARNER: They're taking Weiss Park. I 'm sorry. They' re handling Weiss Park. (Commissioner Ed Moore, Mr. Clay Childress, Mayor Pro-Tem Brumley and Councilman Samuel signed the contract. ) Mr. Childress and Mr. Denson -were invited to comment on the "Adopt-A- Park" Program by Mayor Pro-Tem Brumley. MR. CHILDRESS• One of the things our program strives for is restitution, whether it be monetary or whether it be labor back in the community with the offenders that we have and house at the Center. And, we're taking an active part to go out and seek projects such as these that we can provide this service because we have the manpower and we can perform it, and like I said, people that commit crimes, they're aware as well as the criminal justice system that some restitution should be paid back to the community where the crimes were committed. And, in a way, this is our part in trying to achieve that goal. MAYOR PRO-TEM BRUMLEY: Well, we thank you. We thank you for participating in the community this way. . .and all the other activities and look forward to a lot more additions to the "Adapt-A-Street" and "Adopt-A-Park" programs. Thank you. -000- -20- January 19, 1988 Public comment on Agenda items A through C was invited. No one wished to address Council on these items. -000- Mayor Pro-Tem Brumley called an Executive Session in accordance with Section IIe of the Open Meetings Act of Texas to discuss potential litigation at the close of today' s Work Session. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held January 12, 1988; and Resolution 88-8 appointing Ben Hansen and Nell Weisbach with terms expiring December 22, 1989 and Mrs. George Hoffman, John Roby, and Al Pollans with terms expiring December 22, 1988 to the Sister Cities Commission and Wilton White to the Board of Directors of Reinvestment Zone *1 with a term expiring December 31, 1988. The Consent Agenda was approved on a motion made By Councilman Cokinos and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Resolution 88-9 authorizing purchase of an emergency vehicle priority traffic control system (a 3M Opticon Priority Control System with components for 13 emergency vehicles and 15 intersections) from Consolidated Traffic Controls, Inc. in the amount of $48, 844,00 for use by the Beaumont Fire Department was approved on a motion made by Councilman Moore and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- The second reading of an ordinance granting a franchise to Waste Management--Golden Triangle for operation of a commercial container garbage collection service was considered: ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT - GOLDEN TRIANGLE TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RE- TAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. -21- January 19, 1988 G The ordinances was passed to its third and final reading on a motion made by Councilman Lee and seconded by Councilman Samuel. Question: Ayes: All Nayes: None -000- Councilman Samuel restated for the news media and his constituents his stand on the garbage collection system. He made his decision based on three basic factors: 1. trying to stabilize the cost of the sanitation system 2. there would be no permanent employees laid off and employees with over 1,000 hours would have the first opportunity to be hired into permanent positions for which they quality, and 3 . citizens should understand the underlying motives and reasons that exist; there is a strong push in the community to go to privatization and a matter of philosophy of who should provide the service. Councilman Samuel thinks this is a responsibility of the City, the public sector, because the public sector takes into consideration the human element rather than just the dollars involved. Councilman Moore asked Public Works Director Tom Warner to investigate the continuing deterioration of the railroad track at Lavaca at Avenue B and confirmed with City Manager Albert E. Haines that at the time of vote for purchase of automated garbage collection equipment on the January 12, 1988, Council agenda, a confirmation had not been received from the vendor to forego the bonus incentive for early delivery in the bid specifications. Mr. Haines stated that after Council action and adjournment of the meeting, the successful bidder was called and asked if there would object to removing that stipulation from the bid, and they agreed. Councilman Lee requested from Mr. Haines that an analysis be prepared - for items that had specific monies budgeted for purchase between the budget allocation and the low successful bid or the actual amount paid on all budgeted purchases since October 1, 1987. Councilman Lee reported that in surveying the "Operation Clean Street" progress, he and Mayor Meyers drove by the Health Department property at Park and Washington Street and found the general condition of the grounds to be very disturbing. In various programs, we are trying to enlist citizens to take responsibility of others ' property throughout the city by helping keep it clean and suggesting pride in our city for the way it looks. Councilman Lee stated that the pride we're talking about is not seen at this site, and "it behooves us to make the needed improvements, and those improvements deal with not only mowing the grass, and edging the curb, and that sort of thing, but also clearing the dead branches off the property, renewing the signs, the flaking paint looks bad. . .and I would hope that we would be able to make the necessary improvements in short order and have plans to make sure that that piece of property continues to look good. " -22- January 19, 1988 u Councilman Samuel requested a breakdown report by Ward on the number of dollars that have been spent on street repairs and then a total figure for the past two years and indicate if the funds were State, City, or Federal. Mr. Warner indicated he could have the report ready by the end of next week. -000- Mr. C. L. Sherman, 595 Belvedere Drive, addressed Council regarding several topics: an employee working over 1,000 hours per year is considered permanent, difficulty with newspaper placing his ads, garbage collection service eliminating twenty-five positions and pickup system, putting the issue on the agenda again as was a previous item, and asked if an entire street could elect not to us the city-provided system and use an outside collector. Mayor Pro-Tem Brumley offered to investigate the possibility and refer the information to Mr. Sherman. Councilman Samuel clarified that he did not state he has a problem with the newspaper and what they' re saying, but there are articles that are printed that he has problems with, specifically Mr. Sherman' s articles. He also stated that he asked for the Boyer item to be placed on the agenda a second time because he did not have the full information at the time of the vote and it was not the best decision. However, he feels the best decision was made last week. Mr. Henry Dannenbaum, 3305 Avenue A, addressed Council to say that some people cry wolf when they do not get their way, voiced opinions regarding residential care facilities, announced he celebrated his 57th birthday, and requested Council consider a curfew law. Ms. Esterling Gramm, '7975 Helbig Road, addressed Council to ask if on holidays when there is no garbage pickup, will the cans be large enough to hold garbage for two weeks. Mr. Warner explained the once-a-week pickup and holiday schedule. Mrs. Graham also asked if Jefferson County and the Beaumont Independent School District gives a homestead exemption, why not the City of Beaumont, and have they ever given one in the past. Mr. Haines said the possibility could be researched and the findings forwarded to Mrs. Graham.+ Mrs. Eloise Pevoto, 495 Giles, addressed Council relative to release of funds for the Neighborhood Housing Service that have been approved. She related the request for funds on March 27, 1987, and approval on June 3, 1987, but have not yet received, and they have had no communication from the City. Mr. Herman Rogers, 3006 Bolivar, addressed Council in behalf of the Neighborhood Housing Service funds that have been approved, but not released by the City. He related some of the objectives of the Goals for Beaumont Committee, particularly two: 1. revitalizing older neighborhoods 2. develop ways of leveraging Federal funds against private sector funds to finance projects and create a task force to locate and secure funds. Mr. Rogers stated that Neighborhood Housing is a tool that can be used to reach those goals. Mr. Rogers invited Mayor -23- January 19, 1988 r Meyers, Councilman Smith, Councilman Lee, and Councilman Cokinos to become part of a Task Force along with other citizens to look at Neighborhood Housing to decide if it needs the ideals that most of the NHS members concur. Mr. Haines suggested a Work Session to review the Neighborhood Housing Service program because "the real issue at this point is whether or not NHS can survive given the environment it' s in now, and what role, if any, the City should have in insuring it' s survival. " Councilman Moore asked Staff to respond to the reason why funds have not been released. Councilman Cokinos inquired if there is temporary funding available for NHS until the question is resclved. After a discussion between Council and Mr. Rogers, Mayor Pro-Tem Brumley suggested documented information be prepared and placed in Council' s packet for review before a Work Session regarding the delay. -000- There being no further business, the meeting was recessed before continuing with a Work Session. -000- I , Barbara Liming, Deputy City Clerk, of the City of Beaumont, Texas, certify that the above is a true copy of the regular City Council session held January 19, 1988. Barbara Liming Deputy City Clerk -24- January 19, 1988 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD JANUARY 26, 1988 - 1 : 15 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 26th day of January, 1988, with the following present: HONORABLE: Maurice Meyers* Mayor Bob Lee, Jr. Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward I Mike Brumley Mayor Pro-Tem Councilman, Ward II Audwin Samuel Councilman, Ward III David W. Moore Councilman, Ward IV Albert E. Haines City Manager Lane Nichols City Attorney Rosemarie Chiappetta City Clerk *Mayor Meyers arrived at 1 : 42 p.m. -000- The Invocation was given by the Reverend Franklin Williams, pastor of Westminster Presbyterian Church. The Pledge of Allegiance was led by Mayor Pro-Tem Brumley. -000- Mayor Pro-Tem Brumley announced that Mayor Meyers is enroute to City Council after a visit with his new grandson and will be arriving soon. -000- Mayor Pro-Tem Brumley welcomed members of REACH, a 4-H group and invited Tara Harbin to give a short history of REACH. Tara explained that REACH stands for Responsible Education Association in Christian Homes and are attending Council today to witness parliamentary procedure in action. -000- Three Proclamations were issued: "Catholic Schools Week" January 31- February 6, 1988; "Helen R. Betenbaugh Day" Wednesday, January 27, 1988; (Ms. Betenbaugh has been selected to represent the Pilot Club of Beaumont in the 1987/88 designation of "Handicapped Professional Woman of the Year" sponsored by the Pilot Club International, the President' s Committee on Employment of the Handicapped, and Sears, Roebuck and Company. ) and "Texas Commissioner of Health Day" Tuesday, January 26, 1988. Mayor Pro-Tem Brumley welcomed Dr. Robert Bernstein, Texas Commissioner of Health, to Council and invited him to make comments. -25- January 26, 1988 Y DR. BERNSTEIN• Mayor Pro-Tem Brumley, members of the Council, City Manager Haines, Ladies and Gentlemen of Beaumont, I don' t believe I belong in this lineup of distinguished Beaumont citizens who have accomplished so much and who show so much promise, but I will tell you that I 'm honored, and I certainly appreciate the hospitality that I 've seen in these short hours. I have been through the, your Health Department and the Clinic and was impressed, indeed, not just with the physical plant, of course, but with Dr. Arcala whom I 've known for sometime and the staff and how hard they work and how much more they need which is kind of a common tune for, in public health, unfortunately. We make speeches about prevention, preventing diseases and so on so that we can avoid some of the heavy cost of chronic disease and so on, but when it comes time for funding, nobody' s around. And, we need to pay more attention to it, and, of course, some of the real problems at hand. I don' t think there' s anything unique about the problems of this area, but you certainly have all of them that Texas has, like maternal and child health needs more emphasis. A lot of the environmental programs could use more support. Certainly, facing us and facing you all right near the largest concentration of AIDS cases in the State will no doubt be a greater problem than it is to all of us, and all that we have today is education, and we have to get on with that in a very formal and heavy way, and that' s going to cost money, a great deal of money. I 'm not even addressing the treatment side which is catastrophic, or will be catastrophic before its through. So, nothing unique except that you need more resources, and we have worked with Dr. Arcala and her people and certainly will continue to do that, and in fact, pay more attention to some of the acute and specific needs and hope that we can improve, improve the situation. I 'm very impressed with you all and your attitude and your friendliness, and I may just move here. I 'm not used to that around Austin. But I promise you that we will get into some of these problems more and see whether we can' t assist, and again, I thank you all very much for this honor. MAYOR PRO-TEM BRUMLEY: Well, we thank you for being here, and we are very proud of the public health effort that we've got. We' re extremely proud of Dr. Arcala and her staff. And, there' s, as I said, a real strong commitment in the City to not be satisfied and to take what resources we have and what' s available and make the most of them and address wherever we can the needs. Most of all, we want to thank you for taking some time in your busy, busy schedule for the State and coming to our city, and we would welcome you back anytime. To move, it would make us even happier! Thank you very much for being here. -000- Mayor Pro-Tem Brumley called an Executive Session in accordance with IIe of the Open Meetings Act of Texas to discuss potential litigation at the close of today' s Work Session. -000- -26- January 26, 1988 Public comment on Agenda Items A through F was invited. No one wished to address Council on these items. -000- The following Consent Agenda items were considered: Approval of the Minutes of the Regular City Council Session held January 19, 1988. Resolution 88-10 authorizing Texas Commerce Bank of Beaumont to release $225,000. 00 in securities held at the Federal Reserve Bank of Dallas - Houston Branch; Resolution 88-11 appointing Pete Plotts to the Clean Community Commission for a term expiring September 30, 1988; Brock Brentlinger for a term expiring December 22, 1990, and Ms. Victoria Price for a term expiring December 22, 1989, to the Sister Cities Commission; and Ken Bartos to the Parks and Recreation Advisory Commission for a term expiring June 30, 1989; Resolution 88-12 authorizing payment Of $17 ,643. 19 to World Wide Welding Press of Houston for emergency repairs to a Caterpillar dozer used at the landfill; Resolution 88-13 accepting deeds to right-of-way from Den Rogers; Trustee, M. A. Phelan, Trustee, and the Beaumont Housing Authority for the sixty foot ( 601 ) wide right-of-way for Arthur Street from approximately 441 feet east of the intersection of West Lucas Drive eastward a distance of 186. 36 feet and deeds from Ben J. Rogers, Trustee and M. A. Phelan, Trustee for the sixty foot ( 601 ) wide right-of-way for Folsom Drive from 232. 53 feet east of West Lucas Drive eastward a distance of 223 feet; and Resolution 88-14 authorizing execution of a License to Encroach agreement with M. A. Phelan, Trustee, to encroach on 0. 061 acres of the proposed sixty foot ( 601 ) right-of-way of Folsom Drive for a parking area. The Consent Agenda was approved on a motion made by Councilman Samuel and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- City Manager Albert E. Haines presented the Comprehensive Annual Financial Report for the year ending September 30, 1987, highlighting various topics in his letter of transmittal: page three--Financial Highlights, Certificate of Achievement, ESM Recovery, and Financial Management and Reporting, page four--Advance Refunding and Self- Insurance, page eleven--Taxes, Major Industries, and Economic Indicators. Mr. Haines recognized Sheila Clark and David Rausch from Peat, Marwick, Main & Co. and paid a tribute to the Finance Department -27- January 26, 1987 Staff under the leadership of Chief Financial Office Betty Dunkerley for their work in preparation of this report. Mrs. Dunkerley expanded on acknowledgments to include Walter Thomas, Controller, Tom Lowrance, Internal Auditor, all accountants, Kimbler Johnson, Secretary, Carol Toups, Secretary, and Sue Brubaker and her staff and commented on aspects of preparation and volunteered to answer any questions relative to the report. -000- Mayor Pro-Tem Brumley yielded the Chair to Mayor Meyers upon his arrival. -000- Councilmembers expressed their appreciation to the Peat, Marwick, & Main and City staff for the report. Mayor Meyers pointed out that the cover picture is the winning photograph of a Sesquicentennial photography contest taken by Jimmy Hubbard, a City of Beaumont employee, of the Cinco de Mayo celebration at Riverfront Park. -000- The third and final reading of Ordinance 88-7 granting a franchise to Waste Management--Golden Triangle for operation of a commercial container garbage collection service was considered: ORDINANCE NO. 88-7 ENTITLED AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT - GOLDEN TRIANGLE TO OPERATE A COMMERCIAL CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; PROVIDING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS OF SUCH SERVICE; PROVIDING INDEMNITY TO THE CITY; RETAINING AUTHORITY TO REGULATE RATES; PROVIDING FOR FRANCHISE PAYMENTS AND PROVIDING FOR SEVERABILITY. The ordinance was approved on a motion made by Councilman Brumley and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Resolution 88-15 authorizing a contract with Centel for the purchase of a telecommunications system for city facilities to include installation and first year maintenance at a cost of $357,027. 00 with financing through the Houston-Galveston Area Lease Pool was considered. -28- January 26, 1988 There was a lengthy discussion including bidding process legality and proposed cost effectiveness. Councilman Cokinos requested that Lane Nichols, City Attorney, seek the Attorney General' s written opinion on the legality of the bidding process used for the telecommunications system. Councilman Cokinos made a motion to delay action on the purchase of the telecommunications system until receipt of the Attorney General' s opinion; motion died for lack of a second. Resolution 88-15 was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- Resolution 88-16 authorizing purchase of two fleetside one-half ton trucks for Water Utilities; two light duty compact trucks for Sanitation; one 1-ton truck for Parks; four compact cars for the Health Department, and two compact cars for Building Inspections from Donalson Motor Co. for a total cost of $96 ,610. 90, two 4-wheel drive utility vehicles for the Police Department from Eastex Dodge for $29,546. 30, one 3/4-ton pickup for Animal Control; one 1/2-ton truck with four-wheel drive and service body for Public Works; one 1/2-ton truck with four- wheel drive for Public Works; one 3/4-ton truck with long wheel base for the Fleet Division of Resource Management; and one 3/4-ton diesel truck for the Fire Department from Knapp Chevrolet, Inc. at a total cost of $58, 841. 00, two 3/4-ton carryall vehicles for the Police Department; two 3/4-ton vans for the Engineering Division of Public Works; and a station wagon for the Fire Department from J. K. Chevrolet for a total cost of $62,976. 83 , and one 1/2-ton long bed truck for Community Facilities from Beaumont Motor Co. at a cost of $8,983. 37 was approved on a motion made by Councilman Moore and seconded by Councilman Lee. Question: Ayes: Mayor Meyers Nayes: Councilman Councilman Lee Cokinos Councilman Smith Councilman Brumley Councilman Samuel Councilman Moore -000- A resolution authorizing roofing repairs to the various portions of the police building, City Hall, and the main library by Perkins Roofing Company, Inc. of Beaumont and Mac Roofing and Supply Company of Port Arthur was considered. -29- January 26, 1988 After a length discussion regarding bid prices, the budgeted amount for roof repairs, new installation and/or patched roofs, and MBE participation and responses by Steve Hardy,the project consultant, a general consensus of Council was to defer the item for one week. Councilman Samuel requested that Staff be more diligent in including full MBE information in the letters to Council regarding projects. -000- Mayor Meyers confirmed that consultants are hired with pay and suggested investigation of the potential of having builders, not associated with the specific bid being let out for bids, form a board or committee that would be willing to serve as a group of citizens to provide the expertise needed perhaps without expense to the City. -000- Resolution 88-17 authorizing expenditures (to be reimbursed by Gulf States Utilities Co. , ) incurred for participation in the application for a rate increase, Docket No. 7195, pending before the Public Utilities Commission of Texas in the amount of $166,638. 18 for payment of expenses and fees of witnesses (Diversified Utility Consultants, Inc. , $104, 522. 53 ) and attorneys (Butler and Cass Stevens, $62, 115. 65) was approved on a motion made by Councilman Brumley and Councilman Smith. Question: Ayes All Nayes: None -000- A public hearing was called to consider seventeen ( 17) below-listed structures found to be in violation of the City of Beaumont ' s Dangerous Structure Ordinance, Article III, Section 14-50: 2180 LIVE OAK - Ella Ridley, owner ( 9 violations) , staff recommendation to raze within 30 days; 2740 CONCORD - Carl D. Levy & Kenneth Furlow, owners ( 17 violations) , staff recommendation to raze within 30 days; 2165 RATCLIFF - Adam Coward, owner ( 8 violations) , staff recommendation to raze within 30 days; 2175 RATCLIFF - Bobby Knowles, owner ( 11 violations) , staff recommendation to raze within 30 days; 2185 RATCLIFF - Bobby Knowles, owner ( 16 violations) , staff recommendation to raze within 30 days; 2195 RATCLIFF - Bobby Knowles, owner ( 17 violations) , staff recommendation to raze within 30 days; 2865 KITCHNER - Bobby Knowles, owner (18 violations) , staff recommendation to raze within 30 days; 4555 ABILENE (GARAGE) - William N. Christian, owner ( 6 violations) ,' raze within 30 days; 2405 BUCHANAN - Francis Joseph Kotlarz, owner ( 17 violations) , staff recommendation raze or repair within 30 days; 808 BUFORD - Mary E. Straughter, owner ( 19 violations) staff recommendation to raze or repair within 30 days; 1005 DOUCETTE - Monek Pippillion, owner ( 12 violations) , staff recommendation to raze or repair within 30 days; 755 AVENUE A - Victoria Mortgage o Biscamp Real Estate, owner ( 17 violations) , staff recommendation to raze or repair within 30 days; 3910 AVENUE A - Joe B. Wilson, owner ( 16 violations) , staff recommendation to raze within 30 days; 3912 PARK - Leon S. German, -30- January 26, 1988 owner ( 14 violations) , staff recommendation to raze or repair within 30 days; 2271 EUCLID - Alexander Briscoe, Jr. , owner ( 15 violations) , staff recommendation to raze within 30 days; 1783-91 LIBERTY - Jerry Watts, owner ( 21 violations) , staff recommendation to raze or repair within 30 days; and 1783-91 LIBERTY (GARAGE) , Jerry Watts, owner ( 20 violations) staff recommendation to raze or repair within 30 days. The eight ( 8 ) 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 Department/Code Enforcement Housing Division 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 demolition: 2240 LEIGHT, 1885 FAIRWAY, 5350 NELKIN LANE, 1200 EAST DRIVE, 660 FULTON, 3001 BLANCHETTE, 781 SHELL (REAR) , AND 3270 ELINOR Mr. Ken Furlow, representing the estate of Carl D. Levy, addressed Council to request additional time for rehabilitation of the structure located at 2470 Concord, stating the building had been set fire by an arsonist, but is repairable since the main structure is metal. Mr. Joe B. Wilson, owner of the structure located at 3910 Avenue A, addressed Council saying his building also fell prey to an arsonist; he has been trying unsuccessfully to recover damages and save finances for repairs and asked for additional time to rehabilitate the structure. Council directed Mr. Furlow and Mr. Wilson to make appointments with the Code Enforcement Division of the Community Development Department to formulate a viable work plan for rehabilitation of the structures. There being no one else to address Council, the public hearing was closed. Ordinance No. 88-8 declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by their owners and authorizing the Community Development Department to cause to be removed certain other structures whose owners have failed to comply with previously issued condemnation orders was considered: ORDINANCE NO. 88-8 ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR REPAIR OR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. Ordinance No. 88-8 was approved on a motion made by Councilman Lee and seconded by Councilman Smith. Question: Ayes: All Nayes: None -31- January 26, 1988 Mayor Meyers asked Public Works Director Tom Warner to direct removal of exclusivity signs at the Beaumont Yacht Club, commended Chief Shelton and the Fire Department on the exemplary appearance of the fire stations, asked that thought be given to some type of beautification or fencing on the north side of the property at the old landfill, inquired if Mrs. Akers on Galveston had been contacted, requested information from Community Development Director Sherrell Cockrell relative to processing Rehab loans and how the contractors bid, informed Mr. Warner that on the west side of Highland Avenue before Woodrow Street of a large hole and also Kenneth at Woodrow appears to be damaged by rains, reported that his name is misspelled on the sign Tyrrell Library restoration, encouraged quick response in getting fill dirt for the Delia Harrington Welcome to Beaumont Park, and reported that he and Councilman Lee were traveling the city observing the Operation Clean Street program and were unfavorably impressed with the appearance of the grounds at. the Health Department. If we state to others, "we will be judged by how we look," we need to make every effort for City property to be clean, mowed, and in good repair. "Our property should be the shining example for anybody in the city as long as we're trying to get other people to improve their property, and I would say along Washington Boulevard, I have no reservation, I 've never seen that grass cut so that the curbs are edged. . .I , again, would refer to the Fire Stations, and perhaps it' s because the firemen are there and go do it. " -000- There being no further business, the meeting was adjourned. -000- 2 , 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 26, 1988. Rosemarie Chiappetta City Clerk -32- January 26, 1988 EXCERPT$ FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26, 1988 COUNCILMAN COKINOS: Well, I have studied this proposal, Mayor, and having been presented as one member of this City Council, I would like to receive a written opinion regarding the opening of City bids and I would further suggest that we delay action and have . . . has the City Attorney reviewed the procedure of this bidding practice? . . . . . . . . . Have you reviewed the procedure on this bidding? . . . . . . . . . Does it comply with the law? State statutes, State law? . . . . . . . . . Well, I feel like it doesn' t. And, I think you ought to get an Opinion from the Attorney General of the State of Texas to see if this procedure was legal. . . . . . . . . I am concerned about the bidding practice, the way it was handled and everything, Mr. Nichols. . . . . . . . . . I would very much like to get an opinion from the Attorney General of the State of Texas whether or not this bidding . . . this bidding system is legal. I mean the way this whole scenario was handled. I feel we should have a written opinion through the City Attorney' s Office as to the legality of this whole procedure. COUNCILMAN MOORE: I have one question. You stated you don' t feel like the balance of the vendors participated in the bid process? COUNCILMAN COKINOS: I don't think they had . . . they may not have a fair shot of . . at it. That' s for the City Attorney to determine. COUNCILMAN MOORE: I guess then my question would be how did we get these prices? COUNCILMAN COKINOS: They pieced them together. . . . . . . . . . . . . . . . . . . COUNCILMAN COKINOS: Discretion is a part of valor. . .better part of valor, Mayor, and I 'd like - to see this . . .this purchase delayed until we get an opinion from the Attorney General of the State of Texas through the City Attorney Lane Nichols. I 'm just not satisfied that everything was handled properly. What about my request, Mayor, to ask the City Attorney to contact the Attorney General of the State of Texas as to the legality of this whole procedure? EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26, 1988 Page 2 MAYOR MEYERS: Well, I don' t want to put words in your mouth but I think we need to be more specific. By the whole procedure, would it be safe to say that you want an Attorney General' s opinion surrounding all elements of this bid? COUNCILMAN COKINOS: Exactly. Exactly. MAYOR MEYERS: Okay, and are you also saying that you want to delay any action on this bid until that opinion is secured? COUNCILMAN COKINOS: I would like to see it for the benefit of the City Council and also myself. MAYOR MEYERS: Well, that would have to be in the form of a motion, not to secure the . . . I think you can request right now that the City Attorney seek an Attorney General' s opinion. That you can . . . . . . COUNCILMAN COKINOS: That I can do. MAYOR MEYERS: There he is. The second part you would have to put in the form of a motion. I cannot speak for Council in delaying this action, but as far as requesting the Attorney to seek an opinion of the Attorney General, every member of this Council has that right. COUNCILMAN COKINOS: Yes, sir. I feel like we are on . . . we are not on safe grounds on this whole . . this whole senario, Mayor, and, okay, I will present a motion . . . if you would like for me to do it. MAYOR MEYERS: Well, let me just break it into two pieces. The first is if you want to request the Attorney to get an opinion all you need to do is right now do that as a matter of record. COUNCILMAN COKINOS: Yes, sir. I do want that. Well, I 've already done it, Mayor. MAYOR MEYERS: Okay, do you have that recorded (to the Secretary) ? Would you read what you have recorded from the Councilman? MRS. BARBARA LIMING, SECRETARY: He'd like the City Attorney to ask the Attorney General of the State of Texas through his legal channels regarding the legality of this project. EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANURY 26, 1988 Page 3 MAYOR MEYERS: Is that satisfactory? COUNCILMAN COKINOS: It' s satisfactory, but I 'd like to see us delay taking action until this opinion is received from the Attorney General. MAYOR MEYERS: I mean is that accurate for what you want in the records as to what you are asking the Attorney as far as the opinion? COUNCILMAN COKINOS: Well, this is what I would like to see, Mayor, but MAYOR MEYERS: I know you want to delay it. You are going to have an opportunity for that. Right now, I am wanting to be sure that' s satisfactory. . . . . . . Very well. COUNCILMAN COKINOS: Yes. Yes. Sure. Sure. MAYOR MEYERS: Do you have any questions, Mr. Attorney? MR. LANE NICHOLS, CITY ATTORNEY: I want to clarify one thing, Mayor. The City can' t of itself request an Attorney General' s opinion and get it. (UNKNOWN: You can) No, I can' t but I can request the County to do that. COUNCILMAN COKINOS: No, no, not any more, Mr. Lane. Not any more. You can do it directly. We don' t have to go through the County for anything. CITY ATTORNEY: I ' ll check it. I think he' s wrong. COUNCILMAN COKINOS: Maybe I am wrong. I 'm not an attorney but it' s my understanding that you can do it as a representative of the City of Beaumont and you don' t have to go through the County business again. COUNCILMAN SAMUEL: As a governmental entity we can' t request that. You as an elected official can. COUNCILMAN COKINOS: Okay, whatever it takes, Lane Nichols, Mr. City Attorney. Whatever it takes. COUNCILMAN MOORE: What are we requesting exactly? EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26 , 1988 Page 4 MAYOR MEYERS: Councilman Smith is asking Councilman Cokinos if this is what he wants? MRS. LIMING: . . . like the City Attorney to ask the Attorney General of the State of Texas through his legal channels, and then he said, regarding the legality of the project. COUNCILMAN COKINOS: . . .to receive a written opinion . . .regarding the opening of City bids and I would further suggest the action be delayed until we receive a written opinion . . . . . . MAYOR MEYERS: Do you have a written question? Maybe that would help. COUNCILMAN COKINOS: In addition to what I 'm saying what I 'd like to see is this delayed until we receive a written opinion. Now, do we need . . . MAYOR MEYERS: Now, on the delay, you have to ask your fellow councilmembers that. That is not anything that the Attorney or the Clerk can deal with. That is something that has to be dealt with by Council. COUNCILMAN COKINOS: Okay, if that is what it takes, I would ask that we delay taking action and . . .until we receive a written opinion from the Attorney General of the State of Texas. MAYOR MEYERS: Councilman Cokinos has directed the Attorney to seek a legal opinion of the item D. 3 . and everything relative to it and, following that, he is requesting . . yes, and it' s legality . . that' s why we would be seeking that opinion . . and following that, he is asking for a delay until such an opinion is rendered. CITY ATTORNEY: Councilman, if I cannot do it individually, or you can' t do it individually and I have to go to the County, do you still want me to do it? COUNCILMAN COKINOS: Oh, yes, sir. Yes, sir. CITY ATTORNEY: Just checking. Thank you. MAYOR MEYERS: It' s asked if that' s a motion, Councilman? (Yes, sir. ) That' s the form of the motion? Do we have a second? EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26, 1988 Page 5 COUNCILMAN COKINOS: Don' t tell me it' s going to die for a lack of a second - something that benefits the City of Beaumont as far as the legality is concerned, Councilmembers . . . ? COUNCILMAN MOORE: Can I ask a question in regards to your statement . . . MAYOR MEYERS: Let me just before you would respond, since we want to be parlimentarily correct for these fine students here and they came here expecting me to govern this meeting, this motion then dies for lack of a second. You had a comment please. COUNCILMAN MOORE: The question I have goes back to the original question I asked the Councilman in regards to in being specific, exactly what in reference to the legality of the bids . . . . . . COUNCILMAN COKINOS: That' s to be determined by the City Attorney, Councilman Moore. COUNCILMAN MOORE: . . . but you' re asking the question . . . . . . In order to understand the question, my question to you is exactly what was it about the bid? Now, we listened to Mr. Brady state that the bids were advertised and then they came back and sent an amendment to all the people who responded to the advertisement and then, in addition to that, my understanding, Southwestern Bell came to Council, made a plea. They came back with a presentation. And, then I 'm looking at figures that represent four different vendors here and after looking at all this and after listening, you know, the discussion, I 'm still trying to thoroughly understand what is it that you question being, you know, inappropriate here in regards to the bids? COUNCILMAN COKINOS: I 'm . . . the whole procedure as far as the legality is concerned and that is why I asked. I 'm not an Attorney. We 've got an attorney to help us on these things, Councilman Moore. COUNCILMAN MOORE: But it' s your question. That' s why I ask you. CITY ATTORNEY: Councilman, maybe I can help. I will . . . what I will do for the request is I will attempt to do a chronology of the facts that occurred because the Attorney General will opine on facts and I will ask them whether this was lawful under the statutes that effect Home Rule cities and we will see what their response is. Unless there is some specific fact that I don' t have any knowledge of that exists, I 've already given my opinion that it was lawful, but that' s all I can do. EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26 , 1988 Page 6 COUNCILMAN COKINOS: This Council is on very dangerous grounds if you don' t get a legal opinion from the Attorney General of the State of Texas. I 'm telling you. MAYOR MEYERS: For the record, Councilman, you have every right to be directing the Attorney to seek the opinion that you've outlined. Also for the record, every other member of Council has their right to either be right or wrong. Now, it' s very possible that we could all be wrong and you would be right and if that' s the case, then I would hope that the Attorney would so inform us. We've asked the question today and you as our Attorney have indicated that there' s nothing here that suggests improper procedure. CITY ATTORNEY: That' s correct. There ' s nothing that I 'm aware of. MAYOR MEYERS: All right. I 'm going on that based on your credentials as our attorney. COUNCILMAN COKINOS: And, you've reviewed this whole procedure from the beginning ' til today. CITY ATTORNEY: Councilman, I am not omnipotent and I have reviewed this procedure. If you have facts that I need to know, then you have a duty to tell me about it. COUNCILMAN COKINOS: Well, I want you to find the facts. CITY ATTORNEY: But I don' t know about them. You want me to find them. I 'm trying to do that by asking you these questions. Do you have some facts that I need to know to make this decision? COUNCILMAN COKINOS: There' s something . . . I have got . . . I haven' t got the privilege . . . I wasn' t sitting on this City Council in 1985 . You were working for the City then. CITY ATTORNEY: You don' t have any facts that would help me make this decision, Sir? MAYOR MEYERS: . . . I think the issue is now as it should be. The Councilman has made a request for which he is totally entitled, whether anyone else agrees with it or not, is of no bearing. If, in fact, he has information that suggests that this is improper, he is not obligated to answer you or me or anyone else and if he chooses not to. Would it be easier and more helpful . . . perhaps? EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26, 1988 Page 7 CITY ATTORNEY: If I could, I think I have an obligation to ask that. MAYOR MEYERS: You do. You asked it. You did, indeed. COUNCILMAN MOORE: Well, that' s what I was trying to ask if there was something we needed to be made aware of. COUNCILMAN COKINOS: I wasn' t sitting on the Council. You should be more familiar with that; you were sitting on the Council in 185. COUNCILMAN MOORE: I kind of walked through that and based on the information we received . . . COUNCILMAN COKINOS: Okay, I wasn' t on the Council then. COUNCILMAN MOORE: . . . We understand that, too; but based on the information we received back as explained to us today and the fact that everybody who bidded on this was given an opportunity to respond to an amendment, I am having difficulty in understanding what the problem is. And, since you can' t be any clearer than that, I make a motion that we go ahead and approve it. COUNCILMAN LEE: I second it. MAYOR MEYERS: I have a motion and a second for approval. COUNCILMAN COKINOS: Question. What will happen now - here we are now, the Council is approving something that is illegal. What happens, then? MAYOR MEYERS: I would yield again to our attorney; but in my non-legal way, I would say that we would have violated the regulations and probably our action would be rescinded. CITY ATTORNEY: That' s correct. The first thing to remember is that the Attorney General ' s opinion is just that. It' s not a State statute; it' s not a law; it' s not a court decision. They are given much weight in the courts of the State. The statute that we are dealing with indicates that a Council action that' s taken in violation of the statute is void. MAYOR MEYERS: We have a motion and a second. Are there any other questions, comments or discussions? EXCERPTS FROM REGULAR CITY COUNCIL SESSION HELD JANUARY 26, 1988 Page 8 COUNCILMAN LEE: Comment and that is it appears we've lost sight of the reason that we are doing this which is based on a more productive telecommunications system and something that should save us some money. COUNCILMAN COKINOS: What' s wrong with the system we have now, Councilman Lee? Instead of spending $350,000 . . . ? COUNCILMAN LEE: It' s been shown that it is not as effective as it should be and it' s costing us more than what this new system will cost on a monthly basis. MAYOR MEYERS: Those in favor signify by saying Aye? (Mayor Meyers, Councilmen Lee, Smith, Brumley, Samuel & Moore) Opposed? (Councilman Cokinos)