On Monday, the city’s Building and Standards Commission ordered the 25-year-old homeless shelter to close its thrift store, kitchen, food pantry and mens dorm by this Monday. Problems the city had with the agency’s structures included electrical, plumbing, structural and safety issues, health conditions, bugs and rodents, and sanitary conditions in the kitchen and restroom areas.
“For now this means that it’s going to be business as usual at Martha’s Kitchen,” shelter board chairman Ray Severn said. “We will be keeping the homeless off the streets.”
According to court documents, 169th Bell County District Court Judge Gordon G. Adams granted the temporary restraining order against the city, stating that “if the commission of these acts (the closures) are not restrained immediately, Martha’s Kitchen will suffer irreparable injury.”
The order essentially states the city is to refrain from condemning the buildings and says that if the city were to follow through with its decision, it would “terminate the ability of Martha’s Kitchen to house the homeless and provide meals to those who eat at its facilities.”
City attorney Jonathan Graham said the city will honor the judge’s decision and be prepared on June 15 to show substantial evidence to support the Building and Standard Commission’s decision.
“We think we’re going to win the case itself,” Graham said. “There’s no basis for him (Judge Adams) to grant a temporary injunction.”
Martha’s Kitchen also has a womens dorm, which Severn said would remain open, but would have problems financially because of the closures, and would more than likely have to shut down.
Severn said that until the next court appearance, Martha’s Kitchen would look for funding to have an asbestos survey done, or look at other options.
State laws order commercial structures that remodel or have repair work to have an asbestos survey done before any work can be completed. To obtain building permits in Temple, the survey must be completed.
Severn argued before the commission that he has repaired more than 50 of 68 items city staff had cited as problem areas, although the city has argued that they have never issued any permits to the shelter.
“(The asbestos survey) is a huge deal for us,” Severn said. “It could potentially cost us hundreds of thousands of dollars - who knows. It may be a major hurdle.”
Martha’s Kitchen also filed an appeal with the court, requesting the city provide documentation relating to its decision, and a review by the court.
Within the appeal, Martha’s Kitchen claims it was notified by letter on Dec. 18, 2008, that the city was beginning to bring in more business and development to the area of Avenue, G, where the shelter is located. A copy of the letter appears in the appeal as evidence.
According to the appeal, the letter was sent from city code officer Myra Stephens, who requested a meeting with the shelter to discuss issues the city had with the buildings. The appeal claims this began an “unprecedented level of inspections of Martha’s Kitchen,” both in the number of inspections and repair requests.
The appeal states that after meeting with Ms. Stephens, the shelter’s board of directors began approving repairs, and city staff began performing “walkthroughs” of the buildings. The appeal states that while the repairs were being made, the city sent a violation notice, dated April 1, and another letter that told them a final walkthrough would be performed May 15, and that a hearing for the violations would take place June 1.
According to the appeal, on May 11, Martha’s Kitchen requested an extension of time to fully complete the repair work, but was denied.
The appeal also states that the city has decided to characterize repairs at the buildings as “renovations” or “remodeling,” which forces the shelter to have the asbestos test. It states that if the repairs were deemed “repairs” by the city, they could accomplish the requests efficiently.
The petition states that Martha’s Kitchen serves an average of 70 men, and about 30 women and children per night, and is the primary food source for those who stay at the shelter.
Severn said he wanted to make it clear that the shelter was “not making any money,” and that he is nothing more than a board volunteer.
“We’ve helped serve thousands of people during my 15 years here,” Severn said. “We’re just trying to help feed, cloth, and house the homeless - we just want a fair shake - we’re all volunteers.”
