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HomeMy WebLinkAboutMIN MAR 07 1995 REGULAR SESSION CITY COUNCIL- CITY OF BEAUMONT HELD MARCH 7, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 7th day of March, 1995, with the following present: HONORABLE: David W. Moore* Mayor John K. Davis Mayor Pro Tem Councilman,Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman,Ward I Guy N. Goodson Councilman,Ward II Calvin Williams Councilman,Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk *(Mayor Moore arrived at 1:47 p.m. during citizen comments.) -000- The Invocation was given by the Reverend William A. Holst, Wesley United Methodist Church. The Pledge of Allegiance was led by Kyle Hayes, Administrative Assistant in the Executive Offices. -000- Mayor Pro Tem Davis announced that Mayor Moore is enroute to City Council and should arrive shortly. -000- Two Proclamations were issued: "Red Cross Month," March, 1995; and "Professional Social Work Month," March, 1995. -000- Mayor Pro Tem Davis announced that an executive session will be held in accordance with Section 61 March 7, 1995 551.071 the Government Code to discuss contemplated or pending litigation: the Claim of Donald Segura and the Claim of L. E. Johnson following the regular session of City Council. -000- Citizen comment was invited on the Ccnsent Agenda and Main Agenda Items 1 through 4 . Mr. Walter Kennison, 4045 Rothwell, addressed Council to speak in opposition to Agenda Item lb considering an ordinance to establish a user fee for curbside recycling service and stated that any increase in taxes or user fees encourages citizens to move from Beaumont to an area with lower taxes. The Reverend Edward Simon, 2432 Park Street, also addressed Council in opposition to Agenda Item lb and said that poor people are already recycling. He said they are collecting and selling aluminum cans to subsidize their income, and the ordinance proposed would allow the City to collect the cans, keep and sell them and then charge citizens a fee. (Mayor Moore arrived during next speaker's comments.) Mr. Brian Alter, 4848 Oakleigh, spoke in favor of recycling, asked Council to consider a decision that will be only for today,but will have a long-range effect on the landfill; discussed the fact that it was common knowledge that recycling would not pay for itself and that rental fees from other cities using Beaumont's landfill helped subsidize the cost; said that the subscription program does not encourage recycling and penalizes those who want to recycle. Mr. Alter also reviewed the "Pay As You Throw" concept that charges large produces of waste more than those who recycle and advocated keeping a program in place that will keep the whole community invOved in recycling.. Dr. Tom Nelson, 645 Kennedy, read for the record a "Resolution of the Keep Beaumont Beautiful Commission(Adopted unanimously on February 20, 1995): Whereas the Keep Beaumont Beautiful Commission was created by city ordinance to be the official advisory group to the Beaumont City Council and City Manager for environmental matters; And Whereas the City of Beaumont has gained state and national recognition for its comprehensive recycling program; And Whereas state and national law, constraints on landfill expansion, and environmental concerns all argue strongly for expansion of recycling; And Whereas the real cost of Beaumont's blue bin curbside program is estimated to be only 75 cents per month or a total of$9.00 per year; And Whereas the Texas Natural Resource Conservation Commission has concluded that subscription 62 March 7, 1995 curbside programs and drop-off programs are clearly inferior to city-wide curbside programs from the standpoint of environmental effectiveness, efficiency and cost; Be It Therefore Resolved that the Keep Beaumont Beautiful Commission recommend that the Beaumont City Council adopt the following proposal: 1. That the City create an inhouse program that would collect household recyclables at curbside citywide for a monthly fee of$0.75, as recommended in the Solid Waste Management Department Report (page 13)to City Council of October 18, 1994. The City should market those recyclables for maximum recoverability of costs; 2. That the City increase its educational efforts for recycling, especially in areas of the city that now have low participation rates and that the City continue to investigate and implement programs to encourage recycling. The Keep Beaumont Beautiful Commission would like to participate with the City Council and The Solid Waste Management Department in the research and development of such programs; 3. That the City consider special services to facilitate participation by the elderly and handicapped, and a waiver of the recycling fee for those who demonstrate they are not able to pay." Dr. Nelson further discussed the "Pay As You Throw" concept, technology available for unit pricing, compromise system that benefits entire community, cost effectiveness and said we need to continue options and not conclude the program. Mr. Archie Land, 435 Langham Road, addressed Council to share his opinion in relationship to Agenda Item 2 regulating alarm systems. Mr. Land told about a burglary and assault experience in his home complained that his alarm system malfunctioned when he tried to activate it for assistance, his telephone was out of order and he had wait for a friend to arrive before going to the hospital. Mr. Land said there needs to be a good system for monitoring services for fire and burglary assistance. Mr.Walter Kennison again addressed Council in support of Mr. Alter's and Dr. Nelson's suggestions and asked that Council not take action of Agenda Item lb today, bring the item back for a workshop and then make a decision. The Reverend Simon again addressed Council to state that he is opposed to citizens being asked to separate aluminum can,plastics and newspaper;the City then sells those products and then charge citizens for the service of curbside recycling. Mr. Robert Lynn DeMary, 430 East Elgie, distributed a chart and graph that he prepared indicating costs for recycling subscription service for Council consideration. Mr. Bobby Fletcher, a representative of National Guardian Security Services, addressed Council regarding Agenda Item 2 considering regulation of intrusion and robbery alarm systems to discuss false alarms and to volunteer his services and the expertise of his company in understanding alarm systems and alternative 63 March 7, 1995 solutions. Dr. Bruce Drury, 3555 Long Avenue, addressed Council regarding Agenda Item No. 1 to state that he share's Mr. Alter's concern that recycling be looked upon in a short-term, band-aid manner rather than long-range needs. Dr. Drury endorsed the present recycling program, said a method of financing does need to be established, but the subscription system is not a viable option, encourage using the same recycling system and development an arrangement to finance the system with a $.75 cent fee recommended by the Keep Beaumont Beautiful Commission and in the future look to the "Pay As You Throw" or other proposals that might be more cost effective. Mr. Thomas Louis, 3041 West Euclid, addressed Council to question if action on Agenda Item No. 3 approving a lease agreement with Lamar University for the Fire/Rescue Training Center equipment and facilities would affect the City with Lamar University entering statehood with TSU. Mayor Moore told Mr. Louis this is a contract item and a discussion may be held after the Council meeting. Dr. Tom Nelson, again addressed Council to question a figure of$25,000 per month cost for recycling through the Solid Waste Department that would include purchase of trucks and amortization over a five- year period. Mayor Moore explained that would be covered in the discussion when action is taken on the item. -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held February 28, 1995; Resolution No. 95-81 appointing George Faissert to the Small Business Revolving Loan Fund Advisory Committee for a term expiring March 6, 1997; Resolution No. 95-82 amending the investment policy of the City to allow the maximum length to maturity of U. S. Treasury obligations to be two (2)years from date of purchase; Resolution No. 95-83 authorizing purchase of four(4)Mobile Data Terminals (MDT's)from Motorola Communications and Electronic,Inc.in the amount of$21,364.00 for the City's Auto Theft Task Force Division of the Police Department; Resolution No. 95-84 authorizing settlement of the Claim of Pat Cross in the amount of$6,100.00; Resolution No. 95-85 authorizing settlement of the Claim of Cindy Cross in the amount of$4,100.00; Resolution No. 95-86 authorizing settlement of the Claim of Ursula Brown in the amount of$6,000.00; and 64 March 7, 1995 Resolution No. 95-87 authorizing a contract with the Texas Department of Criminal Justice, State Jail Division,to provide offenders held in the state jail facility opportunity for community service work programs. The Consent Agenda was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- A resolution authorizing a contract with Browning Ferris, Inc. (BFI) to provide recycling collection services for a period of six months with a change in the method of payment to the contractor which may allow as much as one-third reduction in the total cost of service, calculating payment on the basis of units actually collected at a rate of$2.90 per month per unit with a minimum guarantee of$9,280.00, and An ordinance amending Chapter 28-24.1 (b)(1) and (2) to provide a user fee of$2.00 for residential units and$1.00 for senior citizens to those participating in the recycling program to offset about 65% of recycling costs with the remainder to be subsidized from reserves in the Solid Waste Management Fund was considered: ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-24.1(B) (1) AND (2) OF THE CODE OF ORDINANCES; TO PROVIDE FOR A RECYCLING FEE;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. After an explanation of the proposed resolution and ordinance by the City Manager, a lengthy discussion was held raising questions and concerns about the net effect on the landfill if the subscription method is instituted,the possible demise of recycling with low subscriber participation, equity versus inequity of City services, across the board recycling assessment, cost effectiveness, the recommendation of the Beautiful Beaumont Commission for a $.75 across the board rate, dividing the city with a subscription plan, recycling education, inability of some citizens to pay any additional fee, drop-off sites, recycling being a feel-good issue that statistically cannot fulfill reduction claims for the landfill, and an obligation to teach children fiscal responsibility as well as teaching environmental conservation. Mayor Moore said he would like the answer to the question asked by Dr. Nelson regarding costs of equipment and the dollar amount in the figures for the Solid Waste Department to operate a curbside recycling program. Mr. Riley replied that the bottom line number included the acquisition of necessary equipment and personnel to operate the system,based on three routes instead of four, and to arrive at the $25,000 figure, divide $300,000 by twelve. He said that in his opinion, three routes is inadequate to 65 March 7, 1995 provide the same service as currently offered, and the last bid figure of$1.17 is the best figure to consider. He said the $.75 figure is based on anticipated sales of$70,000 in material collected. Therefore, if that should materialize, it would be worth that amount to commercial haulers, and the $1.17 figure might be reduced if they retained all of the materials. Councilman Cokinos questioned if twice a month curbside would be adequate and, if so, would it reduce of operation by 50%? The City Manager said it might possibly cut the cost of operation in half. Other issues raised included present cut-backs being hailed across the nation, user fees a form of taxation, citizen perception that Council will act according to their wishes rather than consider the citizen view point, the negligible impact recycling has on the landfill, this issue being a hard decision to make and consideration of the whole community in deliberations, a desire to investigate the Pay As You Throw concept rewarding those who use services least with an economical rate and City staff charged to come up with better answer . Council seemed to concur that perhaps twice a month collection should be considered. The resolution authorizing a six month contract with BFI to provide curbside recycling services and the ordinance amending Chapter 28-24.1 (b)(1) and (2) to add provision for user fee rates for recycling participants failed to pass on a motion made by Councilman Williams and seconded by Mayor Pro Tern Davis. Question: Ayes: Mayor Pro Tem Nayes: Mayor Moore Davis Councilman Cokinos Councilman Smith Councilman Ames Councilman Williams Councilman Goodson Mayor Moore suggested that Council consider the remainder of the agenda and then come back to this item with a recommendation. -000- Ordinance No. 95-14 adopting regulations for intrusion and robbery alarm systems was considered: ORDINANCE NO. 95-14 ENTITLED AN ORDINANCE ENACTING REGULATIONS OF ALARM SYSTEMS, INCLUDING PERMITTING REQUIREMENTS, FALSE ALARM FEES, GROUNDS FOR DENIAL OR REVOCATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-14 was approved on a motion made by Councilman Goodson and seconded by 66 March 7, 1995 Councilman Cokinos. Question: Ayes: All Nayes: None -000- Resolution No. 95-88 authorizing a one-year lease agreement with Lamar University for Beaumont Fire/Rescue Training Center equipment and facilities at a monthly lease rate of $23,000.00 was approved on a motion made by Councilman Cokinos and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None Councilman Goodson responded to a previous citizen inquiry about the viability of this contract and explained that this contract is cancelable by either party on a 180 day notice and the City has a monthly right to cancel if payment is not made, and the City Manager pointed out that State support is not involved with this contract, but comes from revenues produced at Lamar. -000- Resolution No.95-89 authorizing purchase of three(3) 3/4 ton carryall vehicles (Chevrolet Suburbans) from Buddy Chevrolet to be equipped with emergency equipment and issued to Fire Chiefs in Stations 1, 4 and 10 for use in response to emergency situations at a cost of$29,748.00 each for a total amount of$89,244.00 was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Ordinance No. 95-15 abandoning a ten (10) foot wide utility easement located at 5720 Crestland Loop and described at Lots 6 and 7, Block 2, Crestland Place Addition, at the request of Mr. and Mrs. Willie Battiest subject to costs for relocation of utilities within the easement to be paid in full by Mr. and Mrs. Willie Battiest was considered: (Councilman Cokinos left Chambers during reading of caption and not present for vote.) ORDINANCE NO. 95-15 ENTITLED AN ORDINANCE ABANDONING A 10 FOOT WIDE GENERAL UTILITY EASEMENT AT 5720 CRESTLAND LOOP IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-15 was approved on a motion made by Councilman Smith and seconded by Councilman Goodson. Question: Ayes: All Nayes: None 67 March 7, 1995 A public hearing was called to consider the below listed dilapidated structure found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Article III, Section 14-50: 1601 Cedar Street (Commercial)-THE Management Company, owner(17 violations), Staff recommendation to raze within 30 days. The above listed parcel of property has been inspected, is vacant and has been found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notice has been sent to the owner by Certified Mail and published in the Beaumont Enterprise. The structure listed below has been condemned by City Council and the owner ordered to either raze or repair it within a specified time frame. Reinspection of this structure has revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish this structure in accordance with the Dangerous Structure Ordinance and charge the property owner with the cost of demolition: 1020 Trinity(Commercial). There being no other desiring to speak, the public hearing was closed. (Councilman Cokinos returned to the Chambers and participated in the vote of Ordinance No. 95-16) ORDINANCE NO. 95-16 ENTITLED AN ORDINANCE FINDING A STRUCTURE TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR;PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Ordinance No. 95-16 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Williams. Question: Ayes: All Nayes: None -000- Mayor Moore returned to Agenda Item No. 1, confirmed the expiration date of the contract with BFI for curbside recycling with the City Manager and asked for recommendations or proposals from Council. Mayor Pro Tem Davis requested that to the best of Council's ability, a plan with the least cost to citizens be developed. Councilman Smith asked there be honesty in quoted figures, said she resents strong arm tactics, asked that recycling be looked at honestly and to consider fiscal responsibility. Councilman Goodson affirmed Councilman Smith's comments and said he would like the City Manager's staff to present a proposal that will be understood to be short-term interim program because he said Council has a firm commitment to look at a number of factors in budget planning, said he would like Staff to investigate the effectiveness and cost of Councilman Cokinos' idea for less than weekly collection, and as 68 March 7, 1995 soon as possible explore the Pay As You Throw idea and present the facts to Council and complimented past figures presented by Staff. Councilman Williams questioned a corresponding concern about the landfill and the cost, separation of materials, said education is provided about recycling not only by the City, but through television and the school system and if we're trying to save the landfill, try to come up with a plan that will work and get participation by all, or more, citizens. Councilman Smith asked the City Manager, if everyone recycled all three items, what percentage of that would be our solid waste? The City Manager responded that if all residential occupants would participate, the 2%we're presently collecting with somewhat less than 30% participation, would result in about 6%. Further discussion included comparing actual cost to actual savings of landfill space, EPA mandates and possibly lobbying to reclaim landfill space, and the Pay As You Throw program. Mayor Moore told Mr. Riley that he would like the twice a month collection suggestion pursued and maintain a program with the least cost possible and confirmed with Council that this collection service should continue beyond March. Mr. Riley said a contract will have to be renegotiated with BFI if a change in collection is made. He said he renegotiate the contract and come back to Council in two weeks since there will be no Council meeting next week. Mayor Moore said this item will come back to Staff with more than one option for discussion in a workshop on March 21 st and placed on the regular agenda on March 28th and the same service will be in place throughout March. -000- Councilman Goodson thanked Caldwood School for the program and their hospitality this morning. He said there was a lot of enthusiasm among the children. Councilman Williams asked if there has been thought about making the road into Tyrrell Park one-way, said there are a lot of skaters using the road and concern has been expressed that perhaps it should be one- way for safety reasons and asked if there could be mile markers posted for those who walk in the park. Mayor Moore told Councilman Williams that the two-way street was established to facilitate emergency vehicles that might have to enter the park, and the City Manager added that because of increased activity on the "nine-o-clock" side of the park, a two-way street is more accommodating. Councilman Cokinos told Public Works Director Tom Warner that the railroad tracks on Langham and Calder and First Street, Grand and Long are in need of repair and asked Mr. Warner if he would contact the railroad companies to initiate repairs. 69 March 7, 1995 Mayor Pro Tem Davis commented that it is not only the railroad tracks that need repair, but the streets have many potholes that need attention. Councilman Ames reported that last night the ACORN Neighborhood Association presented the Police Department with two(2)motorcycle type off-the-road vehicles for use in places difficult for automobiles to travel and said the Assumption School Rodeo on Sunday had a tremendous turnout and was fun to attend. Mayor Moore added that the Rodeo was a tremendous volunteer operation with a great mixture of participants; shared that he had a busy few days that included meeting with the Transportation Department and the item regarding turn-arounds was brought back up and those contracts will be let in December, said he had a meeting with TEA that reflected Beaumont much better in their reports; said there was a meeting with the TNRCC and he started talking about the landfill with them; also said Trans Water will be here looking for citizen participation in selling our access to the water way to potential plants; said he enjoyed speaker Pete Laney who addressed several issues; said alternative fuels versus natural gas was a major issue that arose and said that emission testing in this area will not occur during this session; said there was candid conversation concerning the future of Lamar University and the TSU system, that a bill will probably come from both the Senate and the House and that Senator Galloway, Representative Price and Representative Stiles were in attendance along with the speaker. -000- Mr. Thomas Louis, 3041 W. Euclid, addressed Council to ask that they keep in mind for the 76 or 74% of the people who do not want to participate in recycling if there was any way possible to prorate the monies earned from sale of the materials to go back into the system toward their bill. Mr. Joel Lavoi, 982 Spring Meadow, addressed Council regarding the recommendation by staff last week to accept the bid of The Lube Shop for to provide fleet maintenance,yet the contract was awarded to non- locally owned company, said a previous contract with that company was cancelled for non performance and then awarded another company and he thought companies who had a contract revoked were not usually allowed to participate in the next bidding process and asked Council if they understood all the facts when they vote, and asked if it is common practice for the City to award a contract to a company that has had their contract revoked, and questioned why pay personnel to evaluate bids, if their recommendations are not considered. Mayor Moore told Mr. Lavoi he would speak with him during the break before the executive session begins. -000- There being no other business, the regular session of City Council was recessed to reconvene in executive session. 70 March 7, 1995 I,Barbara Liming,Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held March 7, 1995. Barbara Liming Deputy City Clerk 71 March 7, 1995