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HomeMy WebLinkAboutMIN MAY 12 1998 M I N U T E S .- CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K. Davis MAY 12,1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on May 12, 1998, 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 Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Charles Riggs, Associate Minister at the East Mount Olive Baptist Church, gave the invocation. Fire Chief Michel Bertrand led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson. Also present were Ray A Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognitions Three proclamations were issued: "National Safe Boating Week," May 16-22, 1998; "National Preservation Week," May 10-16, 1998; and a proclamation recognizing "Lt. Colonel Virginia Closs" for the contributions she has made to our community while serving for the past two years at the Port of Beaumont. After presentation of the National Preservation Week proclamation, Planning Director Steve Richardson presented Beaumont Preservation Awards to Ms. Joan Hataway on behalf of the Texas Gulf Historical Society for their 33 years of preservations efforts and to Mr. Hart Green on behalf of the Metropolitan YMCA for restoration of the YMCA to provide 40 living unit spaces for the elderly and and also provide summer camp for hundreds of children. Members of the Beaumont Advisory Commission for Prevention of Child Abuse and Neglect made a presentation regarding a Parenting Workshop that will be held this weekend at the Sterling Pruitt Activity Center. The theme of the workshop will be "Inexpensive Ideas for Parenting." Topics will include "Home Alone" presented by Max Bowen; "Fun Activities that are Creative and Easy" presented by Betty LeMaster; "Are We There Yet?"--Surviving Summer Car Trips by Sandra Bruce; and "Get Out of the House" presented by Linda Clark. Door prizes will be donated by Maryanne's Fabrics Conn's Appliance, Prostyles, On Stage, Munro's Cleaners, Moncla's Catering, Jack's Pak- It; S & M Clothing Store; Jefferson County Child Protective Services Board, McMakin Pharmacy, and W C's Video. Councilmembers were invited to attend and bring a member of a family from their constituency with them. Traffic Engineer Jim Cline presented a Certificate of Appreciation to Mr. Talmade Jones, a retired crossing guard. Mr. Jones was a City of Beaumont employee from 1948 until 1971 in the Parks and Recreation Department. After his retirement, Mr. Jones became a school crossing guard at Martin Elementary School in 1972, and is retiring this year without missing a day of work. Mr. Cline said that Mr. Jones is an inspiration to the children and their families and has been a leader by the example he sets. A second presentation was made to Mr. Jones by Mayor Moore. He presented a Certificate of Appreciation to Mr. Jones from Council along with a City of Beaumont lapel pin. Mr. Jones worked for the Parks and Recreation Department for 23 years and as a school guard for 26 years. Mr. Jones is now 94 years old. *Public Comment: Persons may speak on scheduled agenda items Mr. Mike Minton, 255 Benny, Lumberton, president of the Firefighters Union, addressed Council in opposition to elimination of a Grade 3 Fire Captain position under consideration in Agenda Item 3. Mr. Minton said this is against Civil Service law, a violation of the Fire contract, an unfair labor practice, will become a court matter if approved, and will be costly and timely. Mr. Minton said the Police Department took their request to the negotiating table, but the Fire Department did not, and said he supports passage of the Police Department request. Mr. Minton allowed there are other ways to balance shifts without abolishing this position and suggested splitting the ordinance and vote in favor of the Police request and against the Fire Department's request. Mr. Larry Keith, 2920 Willow Place, supported separation of the two requests on Agenda Item 3 and a vote taken on the merit of each and not in favor of the Fire Department request. Mr. Keith volunteered to answer any questions. Attorney Tom Roebuck, 1240 Orleans, addressed Council to request that action on Agenda Item No. 2 adopting new tow-truck regulations be deferred to allow opportunity for him to confer with the City's Legal Department to help facilitate changes or amendments that would best serve the wrecker drivers and citizens. An unidentified speaker questioned the appropriateness of speaking at this time on an annexation ordinance and was advised that it was not on today's agenda, but possibly would be on May 26th. *Consent Agenda Before consideration of the Consent Agenda, Councilmember Davis said he has concerns with Item C-1, said a lot of trust is put in City management, and that he has been quite pleased with them this past year. He spoke of Item C-1 and said it is imperative that Council discuss this item Minutes;5!12198;Page 2 soon to assure that it will never happen again. He expressed dissatisfaction that lawyers were hired, offers were not made, and Council did not have opportunity to voice opinions. Councilmember Davis requested an executive session for further discussion. Mayor Moore said an executive session will be called to discuss the performance of the City Manager and City Attorney in reference to this item. The following consent agenda items were considered: * Approval of the minutes of the regular meeting held May 5, 1998; * Confirmation of committee appointments - Resolution No. 98-110 Norman Bellard - Civil Service Commission Emma Brown - Drug Free Beaumont Commission A) Approve change orders and final payments 1) Approve a final payment (in the amount of $22,520.74) to Four Seasons Environmental, Inc., for completion of the Landfill Cover Project; - Resolution No. 98-111 2) Approve a change order(in the amount of$2,019.48) and final payment (in the amount of $12,977.45 to Salenga Construction, Inc.) related to the 1997 Miscellaneous Paving Projects. - Resolution No. 98-112 B) Approve the purchase of materials and equipment 1) Approve an annual contract for the purchase of limestone for use in the Streets and Drainage Division/Public Works; (with Transit Mix Concrete and Materials Company at $11.50/ton F.O.B. plantsite and $13.80/ton delivered to Zones 1-4, for an estimated annual expenditure of$23,000) - Resolution No. 98-113 2) Approve the purchase of a forklift for use in the Water Utilities Department (from Southline Equipment Company in the amount of$35,155) - Resolution No. 98-114 C) Approve the settlement of claims of lawsuits 1) Lawsuit of Municipal Administrative Services v. City of Beaumont (in the amount of$780,000); - Resolution No. 98-115 2) Claim of Dorris Livings (in the amount of$7,500); - Resolution No. 98-116 D) Approve a resolution consenting to the formation of the Hardin County Emergency Services District No. 2 (this resolution and R-98-75 serve as written consent of conversion and formation); - Resolution No. 98-117 E) Accept improvements constructed in Dishman Elementary School Addition (street and storm sewer improvements: Champions Drive from existing Walden Road approximately 1,551 feet north to and including the cul-de-sac; and all water and sanitary sewer improvements within Champions Drive and Walden Road). - Resolution No. 98-118 Minutes;5112196;Page 3 Councilmember Smith moved to approve the Consent Agenda. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS 1. Conduct an election of Mayor Pro Tempore; Councilmember Davis made a motion to elect Councilmember Patterson to serve as Mayor Pro Tempore. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None Councilmember Patterson commented about the importance to her of being elected by a majority vote as Mayor Pro Tem, and said she will do the best job she can in the position. Mayor Moore thanked Councilmember Ames for doing an outstanding job as Mayor Pro Tem this past year and cautioned Mayor Pro Tem Patterson that he would be calling upon her to assist throughout the year at many community functions. Councilmember Ames said she has enjoyed this past year serving as Mayor Pro Tem, congratulated Mayor Pro Tem Patterson, and said she will continue to be in attendance at community events. 2. Consider approving an ordinance adopting new tow-truck regulations; An ordinance ENTITLED AN ORDINANCE ADOPTING TOW TRUCK AND TOWING COMPANY REGULATIONS AND STANDARDS;PROVING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY was introduced. The City Manager reviewed the changes proposed in this ordinance in Chapter 29, Article IV, of the Code of Ordinances relating to wreckers. Mayor Moore said that due to the unique fashion in which this item was brought to Council by the citizenry for consideration, that he has no problem with deferment. Minutes;5/12/98;Page 4 After a short discussion regarding the rotation list and process, independent hearing officer selection, non-consent tows and fees, fees charged by other cities, consent tow procedure, and concern with removal of submerged vehicles, Council consensus was to defer action. Mayor Moore asked that the item be deferred for two weeks and then brought back in a workshop session. 3. Consider amending Sections 21-74 and 21-75 of the Code of Ordinances related to authorized positions in the Fire Department and Police Department; Ordinance No. 98-33 ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SECTIONS 21-74 AND 21-75 TO AMEND THE GRADES AND POSITIONS IN THE BEAUMONT FIRE DEPARTMENT AND POLICE DEPARTMENT;PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL was introduced. The City Manager reported that to best meet the needs of the Fire Department, a request has been made to increase the number of positions for Grade I from 102 to 103 and reduce the number of Grade III positions from 43 to 42. Mr. Riley said this request could be approved by Council. This modification is different from the one made approximately two months ago because there was a time frame regulation then. In this case, the change can be made under Civil Service regulation, is not in violation of any labor contract, and is only a recognition of the needs of the department. Also, a request from the Police Department has been made to increase the Grade I positions from 173 to 174 and decrease Grade II positions from 69 to 68. Mayor Moore asked for a legal opinion from the City Attorney that the action requested today would not be in violation of any contract or agreement. Mr. Nichols concurred with the information presented by Mr. Riley. He said the Union will probably file a grievance under the Maintenance of Standards provision, but the existing facts with this request are different than those of the previous request. Mr. Nichols explained that the time limitation in that case to fill a spot had expired; in this situation, Ann Huff will be promoted on June 5th to the District Chief position and leave a vacancy in Grade III. Under Civil Service law, if there is an existing promotional list, sixty days is allowed to fill that position. If it is not filled, it will be automatically filled, as it was last time. According to his understanding of Civil Service law, Mr. Nichols said "the City Council has the authority to make a good faith, elimination, Civil Service position, when it's done for the betterment of the people" or efficiency of the department. Councilmember Cokinos said this issue has been addressed previously, doesn't know why it is back on the agenda, and said there are two issues. He said the Police Department went to the negotiating table and reconciled the change, and said Minutes;5/12/98;Page 5 he supports passage of their request. Councilmember Cokinos said the Fire Department has not sought consent of the Firefighters Union, and he opposes passage of the Fire Department's request. Councilmember Davis complimented the Fire Department, suggested that lines of communication be improved to avoid certain situations, said he does not view the request today as being improper and pointed out that his main concern is the allocations that have been leveled and the evident level of mistrust. Councilmember Davis moved to adopt Ordinance No. 98-33. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Davis, and Patterson Noes: Councilmember Cokinos Councilmember Ames asked the City Attorney for clarification of the two different negotiations and the contract. Mr. Nichols said the Civil Service vacancy that exists in the Police Department has existed for some time. The only difference is an early retirement option was negotiated by the Police in their contract. A provision was added to state that vacancies created by that early retirement option could be filled until the end of the fiscal year, or the end of September. Instead of being 60 days, the time was extended that would allow dissolution or filling of the position. Because of the creation of Police Specialist positions, this position is being eliminated. Mr. Nichols said there is no fire contract regarding this issue. 4. Consider amending Chapter 14, Article III of the Code of Ordinances relating to dangerous structures; Councilmember Davis moved to adopt Ordinance No. 98-34 ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT,THE SAME BEING THE DANGEROUS STRUCTURES ORDINANCE,TO UPDATE THE APPLICABLE CODE; MAKING IT UNLAWFUL TO OCCUPY A DANGEROUS STRUCTURE; PROVIDING FOR A NOTICE TO BE FILED IN THE DEED RECORDS CONCERNING THE DANGEROUS STRUCTURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Minutes;5/12/98;Page 6 Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Councilmember Goodson thanked Mr. Nichols and City staff for this ordinance. He said it should aid in resolving some of the difficult issues that Council is asked to confront regarding dilapidated structures and avoid repetitive, time-consuming work for City staff. 5. Consider approving a contract for the Walden Road Pavement Widening Project; Councilmember Ames moved to approve Resolution No. 98-119 authorizing a contract with Brystar Contracting, Inc. in the amount of$5,120,921.70 for the Walden Road Pavement Widening Project. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None Mayor Pro Tem Patterson questioned when requested figures for additional work on Walden Road would be provided and was told that they would be available in the near future. They were not brought forward today because the bidding process for the project was already in place. The additional work might be easier to accomplish in two contracts. 6. Consider approving a contract related to the 1998 Driveway Replacement Program. Councilmember Smith moved to approve Resolution No. 98-120 for a contract in the amount of$268,900 with Triangle Paving, Inc. for the 1998 Driveway Replacement Program. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters: Councilmember Davis thanked Kyle Hayes, Assistant to the City Manager, and Staff for assistance with a successful Ward III leadership meeting, said this was not a political Minutes;5/12/98;Page 7 meeting, but an effort to address grassroots concerns, thanked Staff for a good job in development of the ordinance for Agenda Item 4, commended Councilmember Ames for her past service as Mayor Pro Tem and congratulated Mayor Pro Tem Patterson and warned her of a much heavier schedule. Also, Councilmember Davis, on behalf of the citizens of Ward III, expressed appreciation for the new library in Ward III that will offer more positive activities for young people. Mayor Pro Tem Patterson again thanked Council for the opportunity to serve in the position of Mayor Pro tem and reported that she had opportunity to represent Mayor Moore last Friday evening at the Good Apple Award ceremonies given by the Beaumont Metropolitan PTA in recognition of outstanding teachers. Councilmember Cokinos congratulated Mayor Pro Tem Patterson, offered his best wishes, and said he stands ready to assist her in any way. Councilmember Goodson commented that the position of Mayor Pro Tem requires extra attention and time in attending community events and is a challenging job and thanked Councilmember Ames for doing a good job this past year. Councilmember Smith added congratulations to Mayor Pro Tem Patterson and thanked Councilmember Ames for her service this past year. Councilmember Smith reported that MayMagic held last Saturday at the Art Museum was a wonderful event. She said there were many interesting and creative activities for the children. Mayor Moore said the busy activity speaks well of our community, and thanked members of the community who accepted the challenge to attend workshops in Houston and showcase our community. He said Governor Bush gave the keynote address and Mayor Brown was in attendance. He spoke about the libraries and reading programs in our city, said the Journal published a list of summer activities available through our Parks and Recreation Department and encouraged participation. Also, Mayor Moore thanked all the conveners and those involved in bringing the Kaleidoscope Soccer Tournament to Beaumont and to Jef Russell and City staff for their assistance, said he was touched by the initiative of the young men involved with the skate board park, and he had opportunity to participate in a leadership conference of very young children at the Civic Center this past Monday. He said they will be part of his core group, and he will discuss the issue with Council at their June retreat. Mayor Moore said he wants to make this one of the best cities in which to raise children and will encourage them to have a voice in the community. He said he will work with 7th graders through high school to develop a five-year plan. Mayor Moore reported that he spoke at the first Ozen awards program to a packed auditorium of students and parents. He congratulated Councilmember Davis and Mayor Pro Tem Patterson and other Councilmembers for supporting the Partners for Youth Campaign. Mayor Moore made a request for the possibility of a left turn signal on Lucas at the Willard Minutes;5112/58;Page 8 Library. Also, Mayor Moore thanked Xerox, the corporation for whom he works, for allowing him the flexibility he has needed to serve as mayor for Beaumont and thanked those who work with him daily. Lastly, Mayor Moore said he attended a volunteer luncheon at the Beaumont State Center honoring volunteers who have given from 100 to 500 hours of service and one college student who volunteered 1,000 hours of service to the organization. *Public Comment (Persons are limited to 3 minutes) Mr. Charles Johnson, 5080 Helbig Road, told of being involved in an accident on April 13 in the 7200 block of Helbig Road and asked that Council have someone investigate this dangerous curve. Also, Mr. Johnson told Council about leaving a flyer for them with information concerning about a party on May 22nd and encouraged their attendance. Ms. Mary Richard, 2147 Albany, addressed Council regarding sewage, drainage, and weed problems in her neighborhood. She said the odor is unbearable and City staff has not been able to correct the problem. Ms. Richard congratulated Councilmember Davis for his third term in office and Mayor Pro Tem Patterson for her election today. Councilmember Davis asked Ms. Richard to give pertinent information regarding her complaint to Jamie Johnson from the Executive Office. Mr. Robert Preston, 1190 Iowa, addressed Council to complain that for the past three weeks he has requested an answer on enforcement of laws and ordinances and has not received a reply, stated that the Charter and Code give authority to the City Manager to see that laws are enforced, spoke about actions of Police Captain Ownby and election sign violations. Mr. William Looney, 625 Orleans, referred to articles printed in the newspaper, asked if the old White House building is still intended to be used for the Municipal Court and if Council is going to continue stabilizing the foundation of the Julie Rogers Theatre. Mayor Moore told Mr. Looney that Municipal Court would eventually relocate to the old White House building, and that major renovations will be made to preserve the Julie Rogers Theatre as part of our culture and heritage. EXECUTIVE SESSION "Executive Session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Juliet P. Simon, et al v. City of Beaumont, et al Minutes;5112198;Page 9 There being no further business, the meeting recessed at 3:28 p.m. to reconvene in executive session. r Mayor David W. Moore Patrice Fogarty, Yy ClerlU Minutes;5/12198;Page 10