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HomeMy WebLinkAboutMIN APR 11 2000 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE,MAYOR Guy N.Goodson,Mayor Pro Tem Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J.Patterson April 11,2000 Audwin Samuel Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont,Texas,met in a regular session on April 11,2000,at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda Mayor Pro Tern Goodson called the meeting to order at 1:40 p.m. City Attorney Lane Nichols gave the invocation. Dr. Bruce Drury led the pledge of allegiance. Present at the meeting were: Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos (arrived at 1:50 p.m.), Ames, Samuel and Patterson. Mayor Moore was out of the City attending a Chamber of Commerce Economic Development Committee Meeting with Exxon/Mobile in Irving and Trinity Industries in Dallas. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. *Presentations and Recognitions - Two proclamations were issued: March of Dimes "Walkamerica Day," April 15, 2000; and "National Public Safety Telecommunicators Week," April 9-15, 2000. *Public Comment: Persons may speak on scheduled agenda items. *Citizen comment was invited on the Consent and Regular Agenda Items Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to modifying the grades and classifications in the Fire Department,commented on the need for additional firefighters,having every station open 24 hours a day, and spoke of presenting a plan to pay for better fire and EMS services without taxing the citizens. * Consent Agenda * Approval of the minutes of the special meeting held April 4,2000,and the regular meeting held April 4, 2000. * Confirmation of committee appointments: Appointments:Randy Daniels, Community Development Advisory Committee, for a term expiring April 10,2002. Reappointments: Dr. George S.Hoffman, Airport Advisory Committee, for a term expiring March 18, 2002; Paula Blazek, Community Development Advisory Committee, for a term expiring May 13,2002; Caroline Rekoff,Community Development Advisory Committee, for a term expiring November 4, 2000; and Dinah Bernsen, Library Commission, for a term expiring January 31, 2002. -Resolution No. 00-98 A) Approve the purchase of Self Contained Breathing Apparatus (SCBA) and air cylinders (from Four Alarm Fire Equipment in the amount of$19,950) - Resolution No. 00-99 B) Approve the purchase of Fire Protective Clothing(from Casco Industries in the amount of$43,760) - Resolution No. 00-100 C) Approve a financing agreement with SunTrust Lease Corporation for financing a portion of the cost of the Motorola wireless mobile data communications (MDC) system (for three years, with a fixed interest rate of 5.39%, in the amount of$1,187,878.40) - Resolution No. 00-101 D) Authorize the settlement of a claim (of Elsalvador Mandujano and Gulf Coast Recycling, in the amount of$3,887.43) - Resolution No. 00-102 Councilmember Smith moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Approve a modification of the Code of Ordinance Section 21-74 Grades and Classifications in the Fire Department to upgrade one position from Grade II Driver/Operator to Grade III Fire Captain in the Fire Training Division Ordinance No.00-32 ENTITLED AN ORDINANCE AMENDING CHAPTER 21,SECTION 21-74 TO AMEND THE NUMBER OF POSITIONS IN GRADES II AND III IN THE BEAUMONT FIRE DEPARTMENT,PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL was introduced. Councilmember Cokinos commented that the Fire Union is in favor of a new Captain's position,but are against the modification of the current positions,and stated that no action should be taken on this item until current litigation between the City and the Fire Union is resolved. Fire Chief Bertrand responded that he is in agreement with the Union that additional personnel is needed, commented that this request is a management issue at the training facility, not an issue of additional personnel, and explained that this action is needed to correct pay disparity of two civil service positions with essentially the same responsibilities where one out ranks another. City Attorney Lane Nichols commented that reorganization of positions has been the normal practice of the City in the past, and grievances were filed the last three times this has occurred. In two of the three instances,the City was upheld. In the most recent incident,Mr.Nichols said the City refused to arbitrate reclassification of positions but has agreed to arbitrate the arbitrability of this issue to Minutes;April 11,2000;Page 2 confirm what the law and labor agreement provides. He said an arbitrator could state that the position eliminated needs to be filled. Mayor Pro Tern Goodson commented about balancing an inequity and not diminishing the grade and the issue of eliminating pay disparity of two employees with essentially the same responsibilities. The City Attorney stated that he is not suggesting that this is an inappropriate action,it is historically what the City has done, and has just come to question in recent years. In response to Councilmember Ames' query, Fire Chief Bertrand explained circumstances surrounding the opening and the bid process in filling the position. Further discussion concluded that City administration and the Fire Chief agree with the need for additional firefighters and that six new firefighter positions will be proposed in the future. Councilmember Smith moved to approve Ordinance No.00-32. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Ames, Samuel, and Patterson Noes: Councilmember Cokinos OTHER BUSINESS * Receive report from Recycling Task Force After introduction of the topic by the City Manager, Dr.Bruce Drury gave a history of the Recycling Task Force and summarized the committee's report outlined in Exhibit"A." Their recommendations include continuance of the program with an emphasis by the City to educate the public by supplying information about date of pickups, acceptable items, and the need to recycle; extensive use of the media to promote recycling; establishing a recycling fee as part of the monthly solid waste fee; develop a means to record household participation and reward participants with a portion of their monthly recycling fee, and return a proportion of the revenue derived from sale of recyclables to participating households. Clean Community Director John Labrie commended Task Force members for their concern and dedication, and said he thinks they reviewed the program accurately. COMMENTS * Councilmembers comment on various subjects Councilmember Patterson encouraged everyone to mail in their completed Census forms,announced that Operation One Vote and Zeta Phi Beta Sorority will sponsor a political forum for the May 6,2000 election on Tuesday, April 18, 2000, 7:00 p.m., at the L.L. Melton YMCA to be televised on Thursday, 7:00 p.m.on City Scope. She also announced that early voting will be held April 19-May 2, 2000 in the City Clerk's Office. Minutes;April 11,2000;Page 3 Councilmember Samuel announced that the North End Neighborhood Association will meet April 13, 2000, 6:30 p.m., at the Willard Library, and The Heart of the City Neighborhood Association will meet April 18, 6:30 p.m. Councilmember Ames congratulated the volunteers honored at a luncheon held for the Library Commission and the Literacy Program, announced that it is national volunteer week, stated that the Recycling Task Force were all volunteers, and thanked all community volunteers for the work that they have done. Councilmember Smith congratulated all volunteers for their work,commented on the benefits of the recycling program to the city, stated that the Chamber of Commerce met with 12 state committees in Austin on April 4 and 5,and that Chamber of Commerce John Brier did an excellent job of organizing this event. Councilmember Patterson added that there was an awesome crowd for the South Park Neighborhood Block Party on Saturday,thanked corporate sponsors and all those who volunteered and participated in the Block Party, and stated that this demonstrates what a community in unity can accomplish. Mayor Pro Tern Goodson thanked all volunteers who participated in the Relay for Life, stated that it was a very successful fundraiser,and a testament to the support that cancer patients receive from their family and their community. * City Manager's Report - Municipal Tennis Court, Basketball Official Wages, Salvation Army Housing, Green Team, BISD Facilities and 2000 Texas Water/Wastewater Rate Survey The City Manager reported that he has received a request to upgrade tennis courts at the athletic complex to accommodate professional tournaments,said the courts are getting a lot of water seepage due to them being set in the ground instead of on top of the ground, and a membrane was installed to control the seepage, but it still does not meet the standards of professional play. Proper upgrade would cost $250,000 - $300,000, no action is currently foreseeable on this item, and is seen as a consideration for future CIP. Mr. Bonczek reported on working in partnership with the BISD for use oftheir facilities for after school programs,and said more information will be presented as it becomes available. He stated that the Salvation Army requested $50,000 in CDBG monies to rehabilitate a structure on McFaddin to be used for transitional housing,one house was completed with funds from other sources that will house up to 8 families, and said money is available out of the Senior Multiple Family Housing Account, and asked for Councilmember recommendations on this issue. Councilmember Smith spoke in favor of the program and benefits to families, explained events that led to the Salvation Army's need for additional funding,and stated that the City needs to support this program. The City Manager reported that the Green Team gives students summer employment opportunities, said this year's goal is to provide jobs for 100 students,and there is approximately$20,000 budgeted in the general fund for this program. The cost for one student is$1,800 for a total budget of$180,000 with 55 working with the City, 25 with Lamar, and 20 with the BISD. Mr. Bonczek proposed that the General Fund supplement an additional$18,000 to add 10 more students to reach the goal of 100, and said this item will be brought back to Council for consideration in the near future. Minutes;April 11,2000;Page 4 Councilmember Patterson commented that this is an excellent program and a great opportunity for youth of the City to receive training on a real job. Mr. Bonczek reported that a statewide water/sewer rate study placed Beaumont in the top ten in the State of Texas for low water and sewer rates using two criteria. A water study is being performed that will probably place Beaumont below the state median for water/sewer rate charges. He stated the Budget Summit has been rescheduled until May 19`' because of a conflict with a Chamber of Commerce meeting. He reported that administration is in the 2001 budget process, addressed challenges and finding various ways to raise revenues and reduce expenditures. He said the Management team has prepared a 5%reduction budget and a 3%reduction budget, and the goal is to have a balanced budget without the need for any property tax increase. Mr.Bonczek reported that the Chamber of Commerce's Lobsterfest Fundraiser went well, recognized Lieutenants Singletary and Steve Basil for winning a contest at the fundraiser,and announced that Lane Nichols will be recreating the roll of King Herod in the play"Jesus Christ Super Star" at the Julie Rogers Theatre this week. Councilmember Smith commented on the Children's Health Insurance Program (CHIP), gave information regarding registration, and outlined the purpose of the program. * Public Comment (Persons are limited to three (3)minutes) Mr. Frank Keiffer, 3190 Willowood, addressed Council in opposition to the rainwater fee proposal, listed County and City provisions that have been made to correct the flood problems, listed contributing factors to flooding in Beaumont, said the City should not engage outside engineering consultants,and stated that the Shriners Children's Hospital in Houston is funded by donations from recycling aluminum that is discarded on the roadsides. Mr.Allen Lee,5095 Maddox,addressed Council to state that the Operation One Vote Forum was his idea,stated he is a friend of the Beaumont Housing Authority,and made derogatory comments about Mr. Ernest Wilson. Mayor Pro Tem Goodson informed Mr. Lee that the Council meeting will not be used as a forum to attack people. Mr. Lee continued to comment negatively about Mr. Ernest Wilson, stated that if elected Mayor he will appoint several residents to the Housing Authority Board, disband the current Board, and suggested that those who work in Beaumont and live outside the City pay$.20 a day. Mr.Leroy Lewis III,addressed Council regarding loud music in his neighborhood,stated that he was told by a Police Sergeant there is a shortage of personnel,asked how this can be corrected,and stated that he has not received an answer to this problem. Mayor Pro Tem Goodson directed Mr. Lewis to speak to the City Manager after the meeting to ascertain what legally, if anything, can be done about this problem. The City Manager stated that he has spoken with Mr. Lewis and the Chief of Police, and this is not a new complaint. He said it is difficult to issue a ticket because an officer would have to be present when the offense is committed in order to issue a citation. Minutes;April 11,2000;Page 5 Ms. Dorcas F. Riley,representing residents of the Beaumont Housing Authority,addressed Council regarding alleged corruption by the Interim Executive Director's Department, mistreatment of residents, and to list the demands of the newly formed group "Residents for Change." In response to Mayor Pro Tern Goodson's query,Ms.Riley stated that these issues have been provided to the Beaumont Housing Authority. Ms. Peggy Pierre, 1220 Avenue F, addressed Council to congratulate Councilmember Patterson on a successful Block Party, suggested that anyone who receives any government funding be required to participate in the recycling program, requested information from the City Manager regarding specific compliances that the Youth Rescue Mission has met,cited an incident of a resident from the mission desperately knocking on her door,thanked Channel 12 reporter Thomas Gandy for covering the issue of prostitution in their area,spoke of the negatives plaguing her neighborhood,and requested that Councilmember Samuel address these issues. Mayor Pro Tem Goodson directed Ms. Pierre to speak with the City Manager after the meeting. Mr.Robert Preston,990 Iowa Street,addressed Council to present a 1996 picture of a Council meeting security guard to the City Manager and to voice complaints that included parking more than 10 minutes in front of the Civic Center. Mr. James Lungs, 1898 Grand, addressed Council to request additional time to repair two houses he owns that are scheduled for demolition, listed work that has been completed on the properties, was advised of the dilapidated structure process by Mayor Pro Tern Goodson and instructed to speak with the City Manager after the meeting. (Councilmember Patterson left the Chamber at 3:00 p.m. and returned at 3:03 p.m.) Ms. Margie McLoughlin, 520 Jeannette, addressed Council to commend Council and all individuals who have performed volunteer work,stated that money should be spent on fire and police protection instead of a tennis court,expressed appreciation for the recycling and CHIP programs,and stated that teamwork and humility are needed to meet needs of the citizens. Mayor Pro Tern Goodson commented that the goal is to run the Council meeting with a high level of decorum, apologized for the earlier outburst, and stated that this is not an opportunity to use the microphone as a venue against other individuals. There being no other business, the meeting adjourned at 3:05 p.m. Guy N. Goodson, Mayor Pro Tern Barbara Liming, City Clerk Minutes;April 11,2000;Page 6 MEMORANDUM TO: BEAUMONT CITY COUNCIL FROM: BRUCE DRURY, Recycling Task Force DATE: April 11,2000 SUBJECT: Recycling Program Recottm}eudations Beaumont's recycling program is at a crossroads. The market for recycled materials has not developed as expected and citizen participations has declined where it was expected to increase. These two factors motivated an examination of the program by city officials. Clean Community Director John Labrie, in a City of Beaumont Inter-Office Memorandum on Curbside Recycling dated October 13, 1999, offered five alternatives concerning the recycling program(for the complete memorandum see Enclosure 1). The alternatives are: 1. Continue the prograrn as it is with a projected annual cost of$250,000. 2. Continue the program,but increase the solid waste fee by$0.65 per month per household to cover the cost ofrogcbg. 3. Establish several manned drop-off stations throughout the city. 4. Establish several unmanned drop-off stations throughout the city. 5. Eliminate the recychug program for an ana al savings of$250,000 per year. Although Mr. Labrie states that his department neither favors nor opposes any of the - alternatives,his suggestion is that if Council opts to eliminate the curbside program, he would prefer that the city experiment with alternative#3 for a period of one year. Alternative#5, the elimination of the curbside program,would save the most money but, he notes,would probably incite an outcry from environmentally concerned citizens. This is a report on the views expressed at four meetings of several of those environmentally conscious, and fiscally cognizant,citizens. When rurnors began to circulate that the city was contemplating some change in Beaumont's nationally renowned comprehensive recycling programs, several members of Keep Beaumont Beautiful expressed concern. Kathleen Jackson, the Chair of KBB, and I met with the City Manager to discuss options. Mr. Bonczek agreed to recommend that Council delay action on the program until the Beaumont Recycling Task Force could be reconvened to consider alternatives. The Beaumont Recycling Task Force is an open group dating back to 1989 when it was created by the Clean Community Commission to educate people about recycling. It disbanded in 1993 when Beaumont's curbside recycling program was up and running. We came back together in 1995 to write a strategic plan for a comprehensive recycling EXHIBIT "Afl program, one that emphasized education, recycling buying patterns and market development. We again disbanded when Council accepted that plan in January 1996. As before, we invited civic headers, academics, and neighborhood association leaders. and also asked those people to invite anyone who had an interest, positive or negative, in the recycling program. The Task Force met on January 31, February 14,February 28,and March 13. Enclosure 2 is a list of citizens who attended at least one of the moetings. At our last meeting on March 13 I was authorized to prepare and deliver to City Council the consensus of the group in the form of three proposals(these proposals will be explained and below). They are: 1. InfbnmtionproRDsal: The city should regularly send to every household current information about the date of pickups, items accepted,and the treed to recycle. In addition there should be more extensive use of the media. 2. : The city should establish a recycling fee as a part of the monthly solid waste fee to ensure that the program has the financial resources to weather the often-extreme fluctuations in the market for recycled materials. 3. Incc0 M MRQSal: The city should develop a means to record which households are participating and return to those households each month a part of the recycling fee as a reward for recycling. In addition the city should return to participating households each year some proportion of the revenue derived from the sale of recyclables. Beaumont has a comprehensive recycling program that any city could be proud of and, in reality, a solid waste operation that is extremely elective and efGckmL Not only does the Clean Community Department collect newspapers, cardboard,and aluminum cans at curbside, it also collects and recycles yard wastes(grass clippings,leaves and tree limbs), white goods, and motor of. What we should not be proud of is the unwillingness of Beaumont residents to put their newspaper, cardboard and drink cans in the blue bin and take it to the curb. The setout rate for the recycling bins has never been good,but in the past two years it has dropped below 20 percent. Truly, the response of Beaumont citizens is a key problem,one that was addressed by the Task Force. When recycling secured a place on the world agenda in the late 1980s, it was assumed (and indeed industry promised) that the market for recycled materials would grow and stabilize to the point where the income from rcey6ng program would recover a major portion of the cost. Knowledgeable people knew then and certainly know now that such programs would never recover 100 percent of the cost, but the deficit would be canceled by savings in disposal costs and by intangible but important environmental benefits. Unfortunately, low energy costs and government subsidies for virgin material production have retarded the expected market growth for recycled materials. Thus,the income for recycling programs has remained low and unreliable. The market for glass cullet has virtually disappeared,tin-plated steel has remained at roughly$10 per ton,plastic has remained at $10 per ton,newspaper has ranged from$45 per ton down to $7.50 and cardboard has fluctuated from$50 per ton down to$5.00. Distance from recycling industries and the absence of competition have made the problem worse in the Beaumont than in some other areas,but the major factor seems to be the retarded devekopment of a robust national recycling industry. The Task Force concluded that little could be done locally about the market problem. Therefore there is a need to establish alternative financing to keep the program going unW market vWxTdy is establisha The Task Force agreed that,despite the problems noted above, the Beaumont recycling program should be retained and even expanded slightly. It is the right thing to do! If we are to leave a satisfactory environment and adequate resources for our children and grandchildren, we must husband our resources. Burying resources in a landfill is not the answer. Our comprehensive program for recycling metals,paper,cardboard, yard wastes and motor oil must be retained and publicized until every citizen recognizes the value of conservation. Blithely throwing materials away until there is a crisis is not the answer. It may well be too late. Government officials must respect the opinions and interests of citizens, but they also have the responsibility of leading citizens to understand and accept a long-range perspective of societal needs. Beaumont's comprehensive recycling program should be retained also in the interest of economic development. Southeast Texas suff as serious economic decline from the mid 1980s to the mid 1990s as a result of the constriction of the petrochemical industry. If the area is to fully recover and grow,we trust have the ability to attract new industry. One of the factors considered by businesses when they evaluate an area for locating a facility is quality of life. If we scuttle an excellent environmental component such as our comprehensive recycling program,we would be sending a very negative message to prospective employers,a message that our community is not very concerned about the environment and the long-tern welfare of our ckiwm and publicize s a key WrtmonPnt of out co mmh� om Some citizens said that they or their neighbors lost faith in the city's effort(and stopped recycling) when tin cans, glass and plastic were dropped from the program in 1998. The Task Force concluded that glass is no longer viable because of the extremely poor market and the declining use of glass as a packaging material,but tin cans and at least one type of plastic could be added with little difficulty. We also found that citizens are not fully aware of the city's effort and the reasons as to why things are done as they are. The city should regularly wend to every household current information about the date of pickups, items accepted, and the need to recycle. In addition,there should be more extensive use of the media to inform and encourage citizens. Furthermore, the city and the schools should set the example for citizens and especially children by recycling office paper, cans and cardboard. We must convince the people of Beaumont that conservation, the whole package, is the right thing to do and that the city is committed and serious. The Task Force recd mends that the city=lo=a recycling fee a g lW of the monthly.solid w;ste &. This would ensure that the program has the financial resources r-T'hT a007 P/bCJ to weather the often-extreme fluctuations in the market for recycled materials,and it would provide the Anxis needed to inform citizens about the program and to mourage them to recycle. The$3.00 per month street user fee has enabled the city to make significant improvements to major arteries and residential streets. Many citizens did not irmoDdiately recognize the wisdom of that decision(but now do). We believe they will also recognize the necessity 5or a recycling fee. cay 3WuW reword those houshokis tbat M&ip= in dK ss;ftdk MSU S R The city should develop a means to record those households that have put recyclables at the curb on the pick-up day. This information could then be entered into the accounting system, with a programming change that assigns a credit to the account of each household that has participated in the program at least once during that month. The credit would be small, but it would serve as an incentive for citizens to develop the habit of recycling. In addition,the city should return to partiipating households each year some proportion of the revemte derived from the sale of recyclables. The members of the Recycling Task Force recognize the problems confronting Beaumont's recycling program,but we think that the long-term environmental and resource considerations otrtweigh the short-term factors. Our oomprehensive program for recycling newspapers,cardboard,alummum cans,yard waste,white goods,and motor oil must be maintained for the welfare of our children and their children. Endasara 2 Recycling Task Force Participants Margaret Aycock Gulf Coast Environ. Lib. Jayne Bordelon B.I.S.D. and KBB Paula Bothe Beaumont Chamber of Commerce Rev. Dwight Benoit Neighborhood Association Andrew Cokinos Beaumont City Council Jon Curless GCHSRC and KBB Bruce Drury IAmar University and KBB Michael Foster SETRPC Ron Goodman Neighborhood Association Roberta Howard Retired Citizen Marvin Howe Orange Environmentalist Kathleen Jackson Exxon-Mobil and KBB Dwayne Keeling Neighborhood Association John Labrie Clean Community Department Acne Landry DuPont William Lee Entergy and KBB Vincent Mannino JciT Co. Ag Ext, Service K iichael Mattes Federal Prison Counselor Nelson Mouton Neighborhood Association David Ofiver Clean Community Department Ed Stedman Gulf Coast Recycling Jolene Ortcgo B_I.S.D. Harvey Stuessel Neighborhood Association Joan Stuesscl Neighborhood Association James True LAUM University Kathryn Walker Social Security Admin.and KPB