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HomeMy WebLinkAboutMIN DEC 22 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel,Ward III December 22, 2009 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on December 22,2009 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 item1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Nancy Beaulieu gave the invocation. Maggie Darr, Councilmember Beaulieu's granddaughter, led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Absent: Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Stephanie Gandy, Deputy City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items1-4/Consent Agenda. Sally House 4645 Fieldwood Beaumont, TX Spoke regarding Item D on the Consent Agenda; requested that Council reinstate James Mathews, Jr. Dot Morrison-Cogswell 1325 Rikisha Lane Beaumont, TX Spoke regarding Item D on the Consent Agenda; requested that Council reinstate James Mathews, Jr. Minutes December 22,2009 Alto Watson 4730 Monticello Beaumont, TX Spoke regarding Item D on the Consent Agenda; requested that Council stand by the arbitrator's decision regarding James Mathews, Jr. Louis Hebert 5390 Gail Drive Beaumont, TX Spoke regarding Item D on the Consent Agenda; requested that Council stand by the arbitrator's decision regarding James Mathews, Jr. Horace Black 5770 Concord Beaumont, TX Spoke regarding Item D on the Consent Agenda; stated that he was an eyewitness in the case against James Mathews, Jr. Evangeline George 2532 South Street Beaumont, TX Spoke regarding Item D on the Consent Agenda; requested that Council reinstate James Mathews, Jr. Galen Key 1305 Candlestick Circle Beaumont, TX Spoke regarding Item D on the Consent Agenda; voiced concerns of item placement CONSENT AGENDA Approval of minutes - December 15, 2009 Confirmation of committee appointments - Resolution 09-372 David Mulcahy would be appointed to the Community Development Advisory Committee. The term would commence December 22, 2009 and expire December 21, 2011. (Councilmember W.L. Pate, Jr.) A) Approve a contract with Habitat for Humanity of Jefferson County related to the construction of two homes - Resolution 09 - 373 B) Approve the purchase of an excavator for use by the Water Utilities Department - Resolution 09 - 374 C) Authorize the acquisition of properties for the Concord Road Pavement Widening Project- Resolution 09 - 375 D) Authorize and ratify, in all things, the filing of a lawsuit against James Mathews, Jr., for the judicial review of the Opinion and Award of Don Hays, Independent Hearing Examiner in the matter styled In Re: City of Beaumont, Texas, and Local 399, AAA Case No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr. - Read separately, see page 3 Page 2 of 9 Minutes December 22,2009 E) Authorize the City Managerto execute an agreement with Burlington, Northern&Santa Fe Railroad, The Beaumont Independent School District and the City - Resolution 09 - 377 F) Authorize the acceptance of two (2) water line easements for Austin Middle School and Marshall Middle School - Resolution 09 - 378 G) Authorize the City Manager to renew an agreement for the use of the stables at Tyrrell Park - Resolution 09 - 379 H) Authorize the City Managerto execute all documents necessary to acceptfunding from the Department of State Health Services for the Sexually Transmitted Disease Syphilis Elimination Division - Resolution 09 - 380 1) Authorize the City Managerto execute all documents necessaryto acceptfunding from the Department of State Health Services forthe Tuberculosis Elimination Division-Resolution 09 - 381 J) Authorize the City Manager to execute a Crossing Agreement with BNSF Railway Company for the construction of the Calder Avenue Drainage Project (Phase II) - Resolution 09 - 382 Councilmember Samuel made a motion to approve the Consent Agenda without Item D. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: MOTION PASSED D) Authorize and ratify, in all things, the filing of a lawsuit against James Mathews, Jr., for the judicial review of the Opinion and Award of Don Hays, Independent Hearing Examiner in the matter styled In Re: City of Beaumont, Texas, and Local 399, AAA Case No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr. Administration recommends that the Council adopt a resolution authorizing and ratifying, in all things, the filing of a lawsuit against James Mathews, Jr. for the judicial review of the Opinion and Award of Don Hays, Independent Hearing examiner in the matter styled In Re: City of Beaumont, Texas, and Local 399, AAA Case No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr. James Mathews, Jr., was indefinitely suspended from his employment with the Beaumont Fire Rescue Services for alleged violations of state law,civil service rules and departmental rules and regulations. Mr. Mathews grieved the termination. Don Hays, Independent Hearing Examiner, found that procedurally he did not have jurisdiction of the matter and, without hearing any of the factual evidence,ordered Mr. Mathews reinstated. Mr. Mathews was acquitted of criminal charges growing out of the occurrence after the complaining witness failed to appear for trial. Acquittal or dismissal of an indictment or a complaint Page 3 of 9 Minutes December 22,2009 does not mean that a firefighter has not violated civil service rules and does not negate the charges that may have been or may be brought against the firefighter. Local Government Code 143.057(f). Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE FILING AND PROSECUTION OF A LAWSUIT BY THE CITY ATTORNEY OR HIS DESIGNEE AGAINST JAMES MATHEWS, JR.,FOR THE JUDICIAL REVIEW OF THE OPINION AND AWARD OF DON HAYS,INDEPENDENT HEARING EXAMINER,IN THE MATTER STYLED IN RE:CITY OF BEAUMONT,TEXAS,AND LOCAL 399,AAA CASE NO. 70 390 00042 09, DISCIPLINARY APPEAL OF JAMES MATHEWS,JR., IS HEREBY AUTHORIZED AND THE FILING THEREOF IS IN ALL THINGS RATIFIED. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS BEAULIEU, PATE, SAMUEL AND SMITH NAYS: MAYOR PRO TEM WRIGHT, COUNCILMEMBER COLEMAN MOTION PASSED Resolution 09 - 376 GENERAL BUSINESS 1. Consider amending Chapter 29, Article IV of the Code of Ordinances relating to towing. Administration recommended approval. Following the workshop held on November 3, staff met with representatives of the local towing industry to discuss and consider amendments to the towing ordinance. This group worked through the issues and support the amendments being proposed for Council consideration. The changes made as a result of these meetings do the following: limit coverage of the ordinance to vehicles weighing 10,000 pounds or less, establish stronger requirements for company identification, increase the towing fee to $165, prohibit towing surcharges and fuel adjustments, and allow for reasonable recovery charges. The proposed towing fee will include whatever debris cleanup is needed with no additional charge. A number of other amendments discussed at the workshop remain unchanged. These amendments update agency names and definitions, and eliminate unnecessary language; promote increased safety for our citizens and officers by increasing the distance requirements at accident scenes to 1,000 feet; provide for the convenience of citizens by requiring that credit cards be accepted and that towing companies be regularly available by telephone; establish procedures by which a towing company may request that a rate study be performed; reinforce the chief's authority to implement and regulate the rotation system; and strengthen the appeals procedure, so that penalties may be modified by the city council or its appointed hearing officer. State and federal laws were considered in the development of these amendments, as were the practices of other Texas cities. Councilmember Coleman moved to ADOPT ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 29, VEHICLES FOR HIRE, ARTICLE IV, TOW TRUCKS, TOW COMPANIES AND TOW TRUCK Page 4 of 9 Minutes December 22,2009 OPERATORS, SECTIONS 29-70, 29-71, 29-72, AND 29-73, SUBSECTION 29-74(A)(1) AND (E), SECTIONS 29-75 AND 29-76 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 072 2. Consider approving the purchase of two grappler trucks for use by the Solid Waste Division. Administration recommended approval of the purchase from Chastang's Bayou City Autocar of Houston in the amount of $423,026. These grappler trucks will be used by the Solid Waste Division for heavy trash, debris and large tree removal. These grappler trucks will be replacing Unit 6121, which is a 1989 model, and Unit 3267, which is a 1997 model. Funds are budgeted in the Solid Waste Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF TWO(2)GRAPPLER TRUCKS FROM CHASTANG'S BAYOU CITY AUTOCAR OF HOUSTON, TEXAS, IN THE AMOUNT OF $423,026 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FOR USE BY THE SOLID WASTE DIVISION. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 383 3. Consider approving a maintenance agreement for Police, Fire and EMS public safety software support. Administration recommended payment of an invoice to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire, and EMS public safety software support in the amount of $227,073. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday-Friday, 8-5 support for mobile computers, electronic Page 5 of 9 Minutes December 22,2009 field reporting, and all records management applications, and provides annual software upgrades. The maintenance contract is budgeted and will be funded from the General Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THEY CITY MANAGER BEAND HE IS HEREBY,AUTHORIZED TO PAYAN INVOICE IN THEAMOUNTOF$227,073 TOSUNGARD PUBLIC SECTOR FOR THE RENEWAL OF ANNUAL MAINTENANCE AGREEMENT FOR POLICE, FIRE, AND EMS PUBLIC SAFETY SOFTWARE SUPPORT BEGINNING JANUARY, 2010. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 384 4. Consider approving the purchase of two dump trucks and two asphalt patching machines for use by the Streets and Drainage Division Administration recommended approval of the purchase from Southwest International Trucks Inc., of Arlington, Texas in the amount of $411,379 The International Model 4300 dump trucks are used by Streets and Drainage to pull trailer- mounted pothole patchers. The dump trucks being replaced are 1995 models. The ProPatch asphalt patching machines, mounted on International Model 7400 truck chassis, are used for larger street section repairs. Funds are budgeted in the Capital Reserve Fund. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF TWO(2)DUMP TRUCKS AND TWO (2) PROPATCH TRUCK-MOUNTED ASPHALT PATCHING MACHINES FROM SOUTHWEST INTERNATIONAL TRUCKS, INC., OF ARLINGTON, TEXAS, IN THE AMOUNT OF $411,379 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM FOR USE BY THE STREETS AND DRAINAGE DIVISIONS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 385 Page 6 of 9 Minutes December 22,2009 i Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED BRENT COON FOR THE GREAT WORK ON RESTORING THE KYLE BUILDING AND FOR PROVIDING ANICE CHRISTMAS ATMOSPHERE DOWNTOWN WITH THE REINDEER, STATED THAT GRAYSON CHADNEY IS RECOVERING VERY WELL AFTER HIS SURGERY AND WILL HOPEFULLY BE HOME FOR CHRISTMAS WITH HIS FAMILY, HOPES THAT EVERYONE ENJOYS BEING WITH THEIR FAMILIES ON FRIDAY TO SHARE GIFTS AND CELEBRATE THE BIRTH OF OUR SAVIOR, JESUS CHRIST COUNCILMEMBER BEAULIEU- GLAD GRAYSON CHADNEY IS COMING ALONG, KNOWS THAT THE COMMUNITY PRAYERS HAVE BEEN A BLESSING TO HIS FAMILY, WISHED EVERYONE A MERRY CHRISTMAS AND APPRECIATES THE PUBLIC INTEREST IN THE CITY MAYOR PRO TEM WRIGHT- COMMENTED ON THE LOSS OF REVEREND CLENDENNEN, i FOUNDER OF VICTORY ASSEMBLY, AND HOW BEAUTIFUL HIS SERVICE WAS, WISHED EVERYONE A VERY MERRY CHRISTMAS AND HAPPY NEW YEAR COUNCILMEMBER PATE - FURTHER COMMENTED ON GRAYSON CHADNEY, PRAISED THE BEAUTIFUL RESTORATION WORK BRENT COON HAS DONE AT THE KYLE BUILDING, MENTIONED THE LOSS OF REVEREND CLENDENNEN, URGED EVERYONE TO KEEP IN MIND THE REASON WE CELEBRATE THE CHRISTMAS SEASON AND TO REMEMBER THOSE THAT PROTECT US AROUND THE WORLD THAT CANNOT BE HOME AT THIS TIME COUNCILMEMBER SAMUEL- JOINED COUNCILMEMBER COLEMAN IN CONTINUED PRAYER FOR GRAYSON CHADNEYAND FAMILY,STATED THAT THIS IS A SEASON TO BE THANKFUL AND TO REMEMBER THE SACRIFICE THAT WAS MADE BY OUR LORD,ADDRESSED THE ONGOING ISSUE INVOLVING .LAMES MATHEWS JR., COUNCILMEMBERS ARE CHARGED WITH A DUTY TO DO WHAT IS IN THE BEST INTEREST OF OUR CITIZENS, HOPES THAT THIS SEASON WILL BE ONE OF PEACE COUNCILMEMBER SMITH - THANKED EVERYONE FOR THEIR PRAYERS, CARDS AND CALLS IN REGARDS TO THE PASSING OF HIS MOTHER-IN-LAW, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR CITY ATTORNEY COOPER - NONE Page 7 of 9 Minutes December 22,2009 CITY MANAGER HAYES - WISHED ALL A MERRY CHRISTMAS MAYOR AMES- FURTHER ELABORATED ON THE RESTORATION OF THE KYLE BUILDING, THANKED HEB FOR THE FEAST OF SHARING WHICH WAS HELD AT FORD PARK,SPOKE WITH MANYOF THE FAMILIES IN ATTENDANCE AND FOUND THAT THE FEAST WOULD BE THEIR ONLY CHRISTMAS DINNER, COMMENTED ON THE JAMES MATHEWS ISSUE AND WILL DO WHAT SHE FEELS IS RIGHT FOR THE CITIZENS OF BEAUMONT, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR Public Comments (Persons are limited to three minutes) Bruce Hoffer 2535 North Street Beaumont, TX Showed a brief slideshow of teams that participated in the State Final Soccer Championship tournament Vernon Durden 2110 Westbury Road Beaumont, TX Gave condolences to the family of Councilmember Smith, commented on the outpouring of love from the various groups and organizations to the citizens of Beaumont, is reminded that Council has a difficult job and feels more citizens should attend council meetings to see the city at work, hopes everyone can receive Christ as He is the reason for the season, asked that Council come back and install the citizens review committee Louis Vaughn 9615 Mapes Beaumont, TX Commented on the issues that Council has dealt with and those that have yet to be resolved, stated that it's a good season and time to remember the reason for the season, prays that Council comes back in 2010 ready to work like they did in 2009, asked for remembrance of those soldiers that are overseas fighting for our freedom, prayed for blessings for our nation, wished all a Merry Christmas Rev. J. D. Roberts 5475 Landry Beaumont, TX Spoke regarding an appreciation banquet that is being planned for volunteers that go above and beyond for children in our community, thanked Council for all they have done and looks forward to working together in 2010, wished Council a Merry Christmas and a Happy New Year Curtis Alexander 610 Trinity Beaumont, TX Introduced himself as the incoming President of Habitat for Humanity, thanked Council for all it has done in 2009 and looks forward to working with them in 2010, wished Council a Merry Christmas and prays for strength in the Lord with the decisions that they must make Page 8 of 9 Minutes December 22,2009 Louis Hebert 5390 Gail Drive Beaumont, TX Thanked the councilmembers who opposed Item D on the Consent Agenda, voiced his displeasure with the vote, allowing Mr. Horace Black to speak against James Mathews Jr. along with his displeasure with City Attorney, Tyrone Cooper Open session of meeting recessed,at 2:36 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: John Smith v. The City of Beaumont, et al Eric Kvarme, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ame ayor A''���A ,,��lt Y, e Stephanie Gandy, ut / Ci erk p p Y � t Page 9 of 9 Minutes December 22,2009