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Home My WebLink AboutMIN APR 10 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern,Ward II Audwin Samuel,Ward 111 April 10,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 10, 2007, 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 1-6/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Rabbi Barbara Metzinger of Temple Emanuel gave the invocation. Mayor Pro Tern Beaulieu led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions "Days of Remembrance" - April 15 - 22, 2007 - Proclamation read by Councilmember Ames; accepted by Rabbi Barbara Metzinger, Temple Emanuel "Coco Cola Day" - April 12, 2007 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Ivory Harrison and staff "National Community Development Week - April 9 - 19, 2007 - Proclamation read by Councilmember Patterson; accepted by Dora Nisby, Community Development Advisory Committee Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. Mike Drury 6835 Marshall Place Beaumont, TX Item#3-Asked that Council vote against terminating the collective bargaining agreement between the City and the International Association of Firefighters' Minutes-April 10,2007 Galen Key 2836 Old Spurger Hwy. Beaumont, TX Item#3 -Asked that Council vote against terminating the collective bargaining agreement CONSENT AGENDA Approval of minutes - Minutes of April 3, 2007 Confirmation of committee appointments - None A) Approve the purchase of a backhoe for use in the Streets and Drainage Division - Resolution 07-100 B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract - XI Project for "extra work" - Resolution 07-101 C) Approve a contract forthe City of Beaumont's Fourth of July Celebration fireworks display- Resolution 07-102 Councilmember Ames made a motion to approve the Consent Agenda. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider repealing Chapter 17 of the Code of Ordinances related to massage parlors - Ordinances 07-047 Administration recommended repealing Chapter 17 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. The process includes the repeal of codes that are no longer needed. Information related to Chapter 17 was provided to Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Councilmember Samuel moved to ADOPT ORDINANCE 07-047 ENTITLED AN ORDINANCE REPEALING CHAPTER 17, MASSAGE PARLORS, OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. Page 2 of 9 Minutes-April 10,2007 AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider amending Chapter 18 of the Code of Ordinances related to offenses and miscellaneous provisions - Ordinances 07-048 Administration recommended approval of the amendments proposed for Chapter 18 of the Code of Ordinances. At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with the process that was put in place, the proposed changes to Chapter 18, related to the offenses and miscellaneous provisions, were provided to the City Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Mayor Pro Tern Beaulieu made a motion to ADOPT ORDINANCE 07-048 ENTITLED AN ORDINANCE AMENDING CHAPTER 18, ARTICLE I, SECTIONS 18-2 AND 18-4 AND REPEALING CHAPTER 18,ARTICLE I,SECTIONS 18-12, 18-13 AND 18-13.1,ARTICLE II,SECTIONS 18-14, 18- 15, 18-16, 18-17 AND 18-18,AND ARTICLE IV,SECTIONS 18-22,18-23,AND 18-24 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Council consider approving a resolution terminating the collective bargaining agreement between the City of Beaumont and International Association of Firefighters' Local Union No. 399 effective September 30, 2007 and instructing the City Manager to communicate in writing to the Union that the City stands ready, willing and able to negotiate a new agreement - Resolution 07-103 Administration recommended approval of the City Council adopting the resolution. Page 3 of 9 Minutes-April 10,2007 The City of Beaumont desires to negotiate anew agreement with the Fire Union that would commence October 1, 2007. Fire protection will not be compromised in any manner should there be a period of time where there is not a contract in place due to the fact that State Law prohibits firefighters from striking. The City's main priority of providing quality public safety protection for the citizens of Beaumont will continue. Futhermore, the City will not make any changes to firefighter pay and benefits prior to October 1, 2007 and until the City has offered to the Union an opportunity to bargain a new contract. The City of Beaumont and International Association of Firefighters' Local Union No. 399 have had collective bargaining since 1974. Collective bargaining expects the two parties to negotiate the wages and benefits package provided to firefighters. During the past 33 years, the parties have regularly been unable to resolve their differences and have consistently deferred the hard choices to arbitrators. The Fire and Police Employee Relations Act makes submission of new collective bargaining agreements to binding arbitration only voluntary. The current agreement between the City and Union makes arbitration mandatory. The Administration believes mandatory binding arbitration, as it relates to the replacement of a collective bargaining agreement, is not in the best interests of the citizens of the City of Beaumont. The system is simply broken. The present collective bargaining agreement contains provisions which prohibit arbitrators from considering the basic work schedule of firefighters. This hinders the efficient deployment of the workforce within the Fire Department by the fire chief. The Union, for many months, has been advocating that first responder fire engines be staffed with four personnel instead of three. The City and the Union would be able to negotiate a new agreement providing equitable firefighter compensation while continuing excellent fire protection, but which is affordable to the citizens who must pay for that protection. A discussion and change to the basic work schedule for Beaumont firefighters has to occur to achieve greater productivity. The Union has refused to discuss their work schedule in prior negotiations. The facts show that Beaumont firefighters work the second fewest hours in the State of Texas, second only to Houston, requiring many more firefighters to be on the payroll at great expense to taxpayers. The facts also prove that Beaumont has approximately 70 more firefighters on the payroll today than does average of our peer cities with similar population. Contract can be terminated with reasonable notice by either party. The new fiscal year budget will begin October 1,2007 and budget preparations are currently underway. There is adequate time to negotiate a new agreement with the Union. The City has always had a primary goal of maintaining one of the best trained, best equipped and most professional fire departments in the State of Texas. The Administration is committed to this goal and believes negotiating a new collective bargaining agreement is the best way to ensure success. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-103 THAT THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BEAUMONT AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL UNION NO. 399 IS TERMINATED EFFECTIVE SEPTEMBER 30, 2007, AND THAT THE CITY MANAGER IS INSTRUCTED TO COMMUNICATE IN WRITING TO THE UNION THAT THE CITY STANDS READY, WILLING AND ABLE TO NEGOTIATE A SUCCESSOR AGREEMENT. Councilmember Smith seconded the motion. Page 4 of 9 Minutes-April 10,2007 AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute an agreement with the Texas Health and Human Services Commission to participate in the Summer Food Service Program - Resolution 07-104 Administration recommended approval of this action. Since 1992, the City has participated in the Summer Food Service Program with funding provided by the U.S. Department of Agriculture through an agreement with the Texas Health and Human Services Commission. The proposal for this summer will generally provide about 780 lunches per day, Monday to Friday, from June 4 to August 10. The program will operate from 9 locations throughout the city. The Recreation Division, which oversees the program, will sponsor a variety of games and activities, suitable for each site, to make it an enjoyable experience for the children that participate. This program is well established and helps to ensure the well-being of the children in our community. The costs associated with this program will be reimbursed to the City. Councilmember Smith made a motion to APPROVE RESOLUTION 07-104 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION FOR THE CITY OF BEAUMONT TO PARTICIPATE IN THE SUMMER FOOD SERVICE PROGRAM. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving the purchase of an excavating and grading machine for use by the Streets and Drainage Division - Resolution 07-105 Administration recommended the purchase of one(1)excavating and grading machine for the Public Works Department, Streets and Drainage Division, through the Houston- Galveston Area Council (H-GAC) cooperative purchasing program for$224,261.21. The excavating and grading machine to be furnished is a Gradall Model XL3100. The telescoping boom excavator is capable of digging, lifting, and moving earthen materials. The excavator is primarily used in the maintenance of ditches to alleviate drainage problems. Page 5 of 9 Minutes-April 10,2007 The contracted vendor is Hi-Way Equipment Company, Inc of Houston. The cost of the unit, including the H-GAC administrative fee of$3,314.21, is $224,261.21. Warranty service will be provided by Hi-Way Equipment Company in Houston. The standard warranty is one (1)year. Delivery of the unit is expected within ninety(90)days. Unit 5055, a 1984 Gradall,will be replaced and disposed of according to the City's surplus equipment disposal policies. Funds are budgeted for this purchase in the Capital Reserve Fund. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-105 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) EXCAVATING AND GRADING MACHINE (GRADALL MODEL XI-3100) FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THEAMOUNTOF$224,261.21. Cou ncilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES,SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a one (1) year contract for the purchase of corrugated polyethylene pipe use by the Streets and Drainage Division - This item was deferred by Council 7. PUBLIC HEARING: Receiving comments on the Public Services, Emergency Shelter Set- Aside and Public Facilities & Improvements line items of the 2007 Consolidated Grant Program Public Hearing Opened at: 2:47 p.m. Jack Koch 537 Longmeadow Beaumont, TX Beaumont YMCA, President Nike Espree 2060 Irving St. Beaumont, TX South East Texas Family Resource Center, Board President Elaine Shellenberger 4590 Concord Beaumont, TX Meals on Wheels Sandra Wilturner 3925 Concord St. Beaumont, TX Evergreen Cemetery Foundation Page 6 of 9 Minutes-April 10,2007 Angeliqueca Avery 595 Orleans Beaumont, TX IEA Ben Kids Robert Watkins P.O. Box 3245 Beaumont, TX South East Texas Beaumont Police Activity League Kimberly Monceaux 505 Florida Beaumont, TX BCHDO Linda Scully 407 Pineshadows Sour Lake, TX Christian Women Job Corp. Emma Kyles 3675 Blossom Beaumont, TX Community Outreach Program Janet Walker 990 1 H 10 N #140 Beaumont, TX Family Services of South East Texas, Domestic Shelter Paula O'Neal 590 Center Beaumont, TX Some Other Place, Henry's Place Patty Lee 695 Irma Ave Beaumont, TX Homeless Shelter Alex Lim 2750 South 8th St. Beaumont, TX Spindletop MHMR Services, Chief Financial Officer Joe Granadas 2350 1 H 10 E. Beaumont, TX Salvation Army Boys and Girls Club, Executive Director Captain Dan Ford 2350 1 H 10 Eas Beaumont, TX Salvation Army family shelter and single men and women shelter Thelma Adams PO BOX 3922 Beaumont, TX Angel of Mercy Ministry, Executive Director Page 7 of 9 Minutes-April 10,2007 Cynthia Rogers 1311 10th St. Orange, TX Premiere Child Care Development Center Public Hearing Closed at: 3:30 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER PATTERSON - THANKED ALL THE APPLICANTS WHO APPLIED FOR THE CDBG FUNDS, THANKED STAFF AS WELL AS THE CACD COMMITTEE FOR ALL OF THE HARD WORK THEY HAVE DONE MAYOR PRO TEM BEAULIEU- ECHOED COUNCILMEMBER PATTERSON'S COMMENTS,ALSO THANKED THE WHO APPLICANTS APPLIED, THANKED THE COMMUNITY DEVELOPMENT DEPARTMENT FOR THE MONITORING OF THE GRANT,AND ALL THE HARD WORK COUNCILMEMBER AMES - NONE COUNCILMEMBER COKINOS - NONE COUNCILMEMBER SAMUEL - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - SATURDAY AT 10:00 A.M.THE GOLDEN TRIANGLE PURPLE HEART#191 WILL HAVE A CEREMONY FOR THE DEDICATION OF THE PURPLE HEART BRIDGE Public Comments (Persons are limited to three minutes) Leroy Lewis 8550 Baker Road Beaumont TX Thanked the Beaumont Police Department for doing a fine job on patrolling the neighborhoods, problem with stray animals roaming the street, trash on highways, more jobs needed in the City, and high cost of electric bills Michael R. Drury 6835 Marshall Place Beaumont TX Thanked the Mayor for attending the kick off of the boot campaign as well as all the donations that have been received, the goal for the kickoff is $50,000.00 There being no Executive Session, Council adjourned at 3:37 p.m. Page 8 of 9 Minutes-April 10,2007 Audio to s re a' a e upon request in the City Clerk's Office. y N. Goods , Mayor OAS Tina Broussard, Interim City Clerk .UMO�y�,�\%1 I�l C\� S = Page 9 of 9 Minutes-April 10,2007