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HomeMy WebLinkAboutMIN NOV 22 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwln Samuel,Ward 111 November 22,2011 Jamie Smith,Mayor Pro Tom 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 November 22, 2011, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Samuel gave the invocation. Aurora Williams,granddaughter of Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Smith, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Mayor Ames recognized Mayor Lawrence Hennegan of DeQuincy, Louisiana, who also works for Union Pacific and was part of a presentation that Union Pacific representatives made to the Mayor and City Manager on Operation Lifesaver, a program of the State of Texas that Union Pacific participates in. Union Pacific representatives are also making presentations to neighborhood associations to make them aware of this program and the quiet zones that are in place. Presentation — Allison Getz, President of the Southeast Texas Tennis Association, presented a check to the City of Beaumont in the amount of$15,000 for improvement of the City's tennis center Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Drew Loker 1750 Rikisha Ln. Beaumont TX Made comments in regards to the City of Beaumont tennis center and the City as a whole Minutes—November 22,2011 CONSENT AGENDA Approval of minutes - November 15, 2011 Confirmation of committee appointments - None A) Approve a contract for excess workers' compensation insurance— Resolution 11 - 323 B) Authorize an interlocal agreement with the Harris County Department of Education — Resolution 11 - 324 C) Authorize the settlement of the lawsuit styled Hugh John Tarver v. City of Beaumont, Cause No. A-188,912 — Resolution 11 - 325 Councilmember Wright made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a collective bargaining agreement with the Beaumont Police Officers Association and authorizing the City Manager to execute the agreement. Administration recommended approval. The existing collective bargaining agreement between the City of Beaumont and the BPOA expired September 30, 2011. Negotiations for a new agreement began in June and concluded in September with a tentative agreement. The Union membership ratified the tentative agreement on November 14, 2011, with 160 members voting for the agreement and 22 voting against it. The new agreement is for a term of three (3) years, expiring September 30, 2014. Under the agreement there is no wage increase in the first year for the officers, but there is a 1% in the second year and 2% in the third. Consistent with the Fair Labor Standards Act (FLSA)the new agreement defines the rates at which police officers are paid, specifically hourly rate of pay and the regular rate of pay, which is used in calculating overtime pay. The reimbursement for the purchase of protective/ballistic vests is being increased to a maximum of$800 from $600 to cover the increased cost of vests. The existing agreement included a provision whereby sergeants were paid an incentive of $200 per month if they supervised five or more people. In the new agreement, the $200 per month was included in the monthly wages of all sergeants, thus removing the incentive from the agreement because the majority of sergeants were already getting the incentive. Minutes-November 22,2011 In addition, the new contract provides for the Emergency Management Coordinator and Assistant Emergency Management Coordinator to receive an incentive set by the City Manager if either or both positions are filled by police officers. Benefits remain the same in the new agreement with the exception that provisions for the buy back of vacation leave and the buy back of sick leave were removed. In addition to the above-mentioned changes, there is routine clean up of contract language, including incorporation of the appendix from the existing agreement relating to ten hour shifts. The FY 2012 Budget did not contemplate a wage increase for police officers, therefore, there is no immediate impact as a result of the execution of this agreement. Over the three-year term, it is estimated that the agreement will cost the City approximately $528,000. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LABOR AGREEMENT WITH THE BEAUMONT POLICE OFFICERS ASSOCIATION COMMENCING UPON EXECUTION BY BOTH PARTIES AND EXPIRING ON SEPTEMBER 30, 2014. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 326 2. Consider approving a contract for pavement management and signal/sign asset data collection. Administration recommended the award of a contract to IMS Infrastructure Management Services, LLC (IMS), of Tempe, Arizona, in the estimated amount of$425,000. The Public Works Department plans and manages maintenance and rehabilitation of seven hundred seventy-five (775) miles of city streets. Key functions for planning and management are the collection and organization of accurate data, analysis of road conditions, integration of GIS and work order data, and forecasting of maintenance based on anticipated budgets. In April of 2010, Council approved the purchase of a work management and data asset tracking system to improve the efficiency and capability of the department to manage work, data, and assets. Street condition and asset data must be collected and loaded into the system. Data collected will include pavement surface distress and structural condition information as well as asset identification for tracking. The data will enable the system to identify and prioritize needs, predict future conditions, and assess costs and benefits. The City's goal is to develop a modified Pavement Condition Index for each respective pavement asset. Minutes—November 22,2011 A Request for Proposal (RFP)was sent to six (6) potential responders and posted on the City's website. Two (2) responses were received. Both responders provided on-site presentations to the evaluation committee. Evaluations were made according to the criteria in the RFP. Funds are available in the Street & Drainage Improvement Fund. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH INFRASTRUCTURE MANAGEMENT SERVICES, LLC (IMS), OF TEMPE, ARIZONA. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 327 3. Consider amending Title I Chapter 20 Section 20.03.003 and Section 20.03.004 of the Code of Ordinances that would change the speed limit on Tyrrell Park Road, add a new school zone under Schedule C and create a Schedule G. Administration recommended Council amend Title I Chapter 20 Section 20.03.003, Maximum and Minimum Speeds Established in Certain Zones of the Code of Ordinance that would change the speed limit on a section of Tyrrell Park Road from 40 MPH to 35 MPH. Administration also recommended Council amend Title I Chapter 20 Section 20.03.004 Speed Limits Decreased in School Zones of the Code of Ordinances that would add a new school speed zone on Phelan Boulevard for West Brook High School, and create a Schedule G for Legacy Christian Academy. Residents have expressed safety concerns over the high speed of vehicles traveling on Tyrrell Park Road between Fannett Road and Babe Zaharias Dr. The spot speed study indicated that a lower speed limit would alleviate the situation. It is recommended that the speed limit and speed zone boundary changes for Tyrrell Park Road be amended under the schedule of Chapter 20 Section 20.03.003 to read as follows: Street Limits of zone Dir. of Travel Speed Tyrrell Pk. Road From the centerline of Hillebrandt Bayou bridge N/S 40 to the centerline of Babe Zaharias Drive From the centerline of Babe Zaharias Drive N/S 35 to the centerline of Fannett Road (S.H. 124) The recent traffic studies conducted by the Transportation Division reveal that establishing Minutes—November 22,2011 a school speed zone on SH 105 for Legacy Christian Academy and on Phelan Boulevard for West Brook High School is necessary to promote the safety of the traveling public. Because SH 105 is a State Highway, a letter of approval from Texas Department of Transportation is attached for reference. The following changes are recommended: A. Amending Schedule C by adding a school zone speed limits to read as follows: Street Dir. of Travel Limits Phelan Boulevard E & W From a point 1150 feet west of the centerline of Major Drive (F.M. 364)to a point 2830 feet west of the centerline of Major Drive (F.M. 364). B. Creation of a new school zone Schedule G to read as follows: Schedule G In accordance with this section and when signs are erected giving notice thereof,the prima facie speed limit will be thirty five (35) miles per hour in the following zones between the hours of 7:05 a.m. to 8:20 a.m. and 2:20 p.m. to 3:35 p.m., Monday through Friday on schooldays. Street Dir. of Travel Limits SH 105 E & W From a point 280 feet east of the centerline of Deerfield Drive to a point 785 feet west of the centerline of Windswept Drive Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20,SECTION 20.03.003 AND SECTION 20.03.004 BY AMENDING SCHEDULE C AND ADDING A NEW SCHEDULE G OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 —088 Minutes—November 22,2011 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILM'EM13ER COLEMAN - REMINDED EVERYONE TO NOT JUST GIVE THANKS AT THANKSGIVING BUT TO GIVE THANKS EVERY DAY FOR FAMILY AND FRIENDS AND ALL THAT WE HAVE COUNCILMEMBER GETZ- WISHED HIS WIFE ALLISON, A HAPPY .3RD YEAR ANNIVERSARY,THANKED HER FOR ALL THAT SHE DOES FOR THE COMMUNITY AND FOR HIM,ALSO SPOKE IN REGARDS TO REGINA HOWELL ELEMENTARY, STATED HE WOULD SPEAK WITH PATRICK DONART, PUBLIC WORKS DIRECTOR, IN REGARDS TO SCHOOL ZONE SPEED LIMIT,WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER WRIGHT- STATED SHE HAS A THANKFUL HEART FOR THE CITY AND THE WAY THAT IT IS MOVING FORWARD, ALSO HAS A THANKFUL HEART FOR HER FAMILY AND FRIENDS AND HER ACQUAINTANCES, THANKED GOD FOR ALL OF HIS ABUNDANCE THAT HE HAS GIVEN THE CITY AND FOR THE PEOPLE THAT HE IS GOING TO LIFT UP, ASK THAT ALL CITIZENS BE THANKFUL FOR EVERYTHING AND HAVE A THANKFUL HEART ALWAYS COUNCILMEM13ER PATE- STATED THAT WHAT SEPARATES AMERICA FROM THE OTHER COUNTRIES IN THE WORLD ARE THE PEOPLE AND THE ATTITUDE THEY HAVE ABOUT HELPING OTHERS, ABOUT VOLUNTEERING AND WORKING TOGETHER, EVERY SINGLE DAY WE WAKE UP IN A FREE COUNTRY TO DO WHAT WE WANT AND WHEN COUNCILMEMBER SAMUEL- THANKFUL FOR MAGNOLIA AVE,AND THAT THE MANAGER IS WORKING TO IMPROVE MAGNOLIA AND TO GIVE RELIEF IN THAT AREA,THANKED GOD FOR ALLOWING HIM TO BE A PART OF BEAUMONT MAYOR PRO TEM SMITH - WISHED EVERYONE A SAFE THANKSGIVING, ANNOUNCED THAT WEST TABERNACLE MISSIONARY BAPTIST CHURCH, WILL BE CELEBRATING THEIR 107TH CHURCH ANNIVERSARY ON SUNDAY, NOVEMBER 27, 2011 CITY ATTORNEY COOPER- WISHED EVERYONE A HAPPY THANKSGIVING CITY MANAGER HAYES- WISHED EVERYONE A HAPPY THANKSGIVING Minutes—November 22,2011 I MAYOR AMES- CONGRATULATED THE GARTH HOUSE ON THEIR FUND RAISER ON LAST WEEK,THANKED EVERYONE THAT HELPED WITH THAT EVENT, COMMENTED ON LAMAR UNIVERSITY FOOTBALL,LADY CARDS,AND MEN'S BASKETBALL,ASKED THAT EVERYONE SUPPORT THEM,ALSO COMMENTED ON THE 1 OOT"BIRTHDAY OF DR. PETER SIMS ERHARD,AS WELL AS SUNDAY SERVICE AT ST.ANTHONY'S CATHEDRAL BASILICA, WISHED EVERYONE A VERY HAPPY AND SAFE THANKSGIVING Public Comments (Persons are limited to three minutes) W. R. Sam 1760 Rena St. Beaumont TX Wished everyone a happy Thanksgiving,complimented the Police Department and Council on the labor agreement for the Beaumont Police Department, commented on the Transportation Committee meeting that took place a few weeks, stated that service needs to be provided to the community. Thanked Hani Tohme, Director of Water Utilities and his staff, Frank Jackson, Denise, Reginald Audwine, Daniel Owens and Stanley Donald for their service Louis Vaughn 9616 Mapes St. Beaumont TX Commented on religion, also spoke in regards to his aunt Doris Vaughn Pollard,who is the matriarch of his family, who resides at 3930 Anita, stated that a garbage truck destroyed part of her house and the City refuses to make the repairs, said that their property will not be destroyed and nothing be said Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: C.F. Jordan Construction, LLC; Event Center There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. B ky , Mayor Tina Broussard, City Clerk Ott Minutes—November 22,2011