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HomeMy WebLinkAboutMIN SEP 21 1999 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR John K. Davis, Mayor Pro Tem Guy N. Goodson CITY COUNCIL MEETING Andrew P. Cokinos Bobbie J. Patterson SEPTEMBER 21, 1999 Becky Ames 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 September 21, 1999, 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 Moore called the meeting to order at 1:36 p.m. Pastor Winston Hancock, Parkside Christian Church, gave the invocation. Mayor Moore led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson. Also, present were: Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; Barbara Liming, City Clerk; and Rebecca A. Hoge, Deputy City Clerk. *Presentations and Recognitions Two proclamation were issued: "Yellow Ribbon Youth Suicide Awareness and Prevention Week," September 19-25, 1999, and "Golden Triangle Quilt Guild, Quilting Days" September 25-26, 1999. *Public Comment: Persons may speak on scheduled agenda items Citizen comment was invited on the Consent and Regular Agenda Items Mr. Walter Keneson, 4045 Rothwell, addressed Council in appreciation for keeping tax and utility rates low. He spoke in support of keeping EMS service at the new fire station and additional firefighters, thanked Council for the new fire station, swimming pool, and all the amenities provided in his community. He spoke about the extra effort exerted by the City Manager in dealing with controversial issues. Mr. Keneson said the $187,000 used to purchase land for the new library should have been used to build a library on city-owned property at either Liberia or Alice Keith Park, which would give ready access to the community. Mr. Harvey Campbell, 5855 Gladys, addressed Council to voice opinions about ambulance service. He praised the City EMS operation, but said it appears there is a poor return of collection for their services. He commented that a random survey by the Beaumont Enterprise indicated that 9 out of 10 citizens though private ambulance service was as good, or better than, City services. He spoke well of the fire department, remarked that studies were conducted which produced a master plan that was approved by Council, but when implementation of the plan began, Council received opposition. Mr. Campbell stated Council should listen to the professional people in the Fire Department and let them do their job. He remarked that Council will always have people requesting services, especially if they think someone else will pay for them. He said the average tax increase for homes has been 7.75 percent and said increasing this budget by another $1 million will create problems for Council. He stated that Council is faced with tough decisions; it is Council's responsibility to determine to provide a service, but they also need to know if they can afford to provide that service. Ms. Lisa Desota, 4810 Park Street, addressed Council in support of the fire station on Sabine Pass remaining open. Mr. Lynn DeMary, 430 East Elgie, on behalf of the South Park Neighborhood Association addressed Council in favor of retaining EMS service at the Washington Boulevard location. He said moving EMS service from this location will add about two minutes to response time for everyone in South Park and the east side of the Pear Orchard neighborhood. Mr. David Davidson, 6820 Towell, addressed Council to restate and clarify comments made at a previous Council meeting. Mr. Davidson said first, he is not opposed to fire coverage throughout the city and all stations being manned. Secondly, he said the Fire Chief and his staff did a good job with the resources and parameters they were given, and in his opinion, it was not their intention to prevent anyone from having fire prevention coverage. He spoke of his own study of the distance and response time involved in reaching different locations in the community and compared it to the Fire Department's study. He asked Council to take all information presented into consideration. Mrs. Get Williams, 4495 Fortune Lane, addressed Council to speak about growth in the area that the fire station on Sabine Pass serves since a study was made and spoke in support of the station remaining in readiness. She expressed concern about the way citizens have to come back and present concerns to Council and encouraged total, initial explanation to neighborhood associations about changes to eliminate misunderstandings. She referenced the L. L. Melton YMCA and library issues, and stated there should have been better management and information dissemination about the fire station. Mr. Roberto Flores, 2425 Buchanan, addressed Council to state that he does not mind paying taxes for needed services and said tax dollars should be used wisely. Mr. Flores said the basic issue regarding the fire station is where the tax dollar will be most effective. He spoke of earlier comments the City Manager made about looking at a map to see where fire services were most needed with only consideration for fire safety for the entire community. He said Council should wisely accept some of the recommendations made that will keep taxes down in the future. Mr. John Gerard, Sr., 1030 Doucette, addressed Council to speak of reading about the controversy over Fire Station No. 11, expressed concerns about the fire station closing, remarked that he cannot move, stated he pays taxes, and everyone needs and deserves the same fire protection. He spoke in support of hiring more firefighters, if necessary. He commented about fire insurance rates and stated he would rather have higher taxes and have fire protection. Mr. Wayne Doughtery, 6020 Longwood, addressed Council to express appreciation to Fire Chief Bertrand and the Fire Department. He stated that he researched the issue, said he has checked response time and understands stations were moved to better the Fire Department and enhance response times. He said a lot of money has been spent on research prior to this issue being brought before Council. Mr. Doughtery said he understands "Council was aware of all of this, they adopted the issue unanimously...and should have been a done issue." He stated that over 70 percent of the calls at Fire Station No. 11 are EMS calls and agrees that EMS service should be at that location, but not a fire truck. Mr. Doughtery said spending money again on the same issue will be double jeopardy, and stated the whole City's best interest should be considered. Mayor Moore stated that decisions made today will not give100 percent satisfaction to either side and pointed out that staff makes recommendations that come to Council for approval, denial or to work out a compromise. He said this Council tries to work to the benefit of all citizens and will try to improve services for everybody. He commented that the City Manager's job is to bring forth Minutes;September 21,1999;Page 2 recommendations, and Council tries to represent their constituents when making decisions. He spoke of moving forward to make our community better and growing. He reported that he, along with the City Manager and other citizens have been talking with businesses about coming to our community. He admonished everyone not to destroy this climate, but to encourage this tremendous momentum, and said we need to continue to get over these hurdles. *Consent Agenda * Approval of the minutes of the regular meeting held August 31, 1999 * Confirmation of committee appointments (Herman Rogers to the Small Business Revolving Loan Fund Advisory Committee and Don Vallier to the Convention and Tourism Advisory Committee with terms expiring September 20, 2001) - Resolution No. 99-267 A) Approve a resolution supporting the reconstruction of Highway 87 (between Sabine Pass and High Island) - Resolution No. 99-268 B) Approve the acquisition of properties for the Concord Road Improvement Project (Parcel 108: 3090 Gulf Street, 0.034 acre out of Lot 1, Block 3, Morningside Addition, from Ut Thi Nguyen and Man Van Tran, in the amount of $3,089 and Parcel 114: 3045 and 3047 Magnolia Street, 0.099 acre out of James Drake Survey, Abstract 18, from Charles D. Foutz, in the amount of$14,000) - Resolution No. 99-269 C) Approve the acquisition of property for the Walden Road Improvement Project (Parcel 25: 5198 Fannett Road, 0.0124 acre out of Samuel Stivers League, Abstract 51, from Vita Mae LaSalle Bates in the amount of$950) - Resolution No. 99-270 D) Approve a License to Encroach Agreement for the installation of a ground water monitoring well (with Corrigan Consulting, Inc., agent for Speedy Stop Food Stores, Ltd., on City's Washington Boulevard right-of-way) - Resolution No. 99-271 E) Authorize the acceptance of a sewer line easement (out of Lot 1, Block 118, Pinecrest Addition, from New Testament Holiness Church) - Resolution No. 99-272 F) Approve a street name change from Taft Street to Brownstone Drive - Ordinance No. 99-64 G) Authorize the settlement of a claim (in the amount of$81,686.24 with Southwestern Bell for property damage) - Resolution No. 99-273 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None GENERAL BUSINESS Minutes;September 21,1999;Page 3 1. Consider approval of Fire Station 11 reassignment or a staffing plan for the fire station located at 6375 Walden Road City Manager Bonczek reviewed previous recommendations regarding Fire Station No. 11 and spoke of Council direction received on September 7, 1999 to find alternatives that would retain fire service from the Sabine Pass location at minimal or no additional cost. He stated he has revised the administrative recommendation to include placement of a ready reserve pumper at Sabine Pass along with EMS service at a recommendation from Councilmember Cokinos. Mr. Bonczek said the budget impact will be determined by the number of times the ready reserve pumper is put into service. He discussed overtime pay to man the reserve pumper and alternatives in staffing and deployment of personnel and equipment apparatus. After the administrative recommendation, he presented two other alternatives. Alternative No. 1 involves departmental reorganization and deployment of personnel and equipment from suppression and non-suppression services to retain fire service at the Sabine Pass location. He said the budget impact would be approximately $10,000 and that discussions would need to be held with the Fire Fighter's Union and Civil Service. Alternative No. 2 would involve hiring twelve more fire fighters, which would significantly impact our budget at a cost of about $700,000. Whichever decision Council makes, Mr. Bonczek said the administration will closely monitor fire service, submit monthly reports of Fire Department activity, and would provide Council a quarterly detailed analysis of the impact of the whole fire service system and meeting fire service goals and objectives in the community. He reported that in Fiscal Year 2001, a recommendation in the Capital Program would be the purchase of a pumper/ladder truck that would consolidate Engine No. 9 and Fire Truck No. 4 into one unit. The City Manager said he could not recommend adding twelve firefighters at this time because of the added costs. The objective is to do more with less and be more productive, and said he looks to Council for direction. Councilmember Cokinos stated he is against closing Fire Station No. 11. He said Charlton Pollard residents have expressed a viable concern in redeployment of Fire Station No. 11 to Walden Road. In his opinion, he said Charlton Pollard and Tyrrell Park residents would be best served by: 1) moving the existing crew and pumper to Walden Road; 2) housing a Beaumont EMS unit at old Station No. 11 to better address the medical calls in the Charlton Pollard area and study the feasibility of relocating the EMS headquarters to the same building; and 3) keep a fully equipped ready reserve pumper at the Sabine Pass station that could be put into service as needed at no additional cost to the City. He remarked that with this combination of conditions, he feels confident all areas of the City will benefit from Council's support of these recommendations, and he would like to make a motion. Mayor Moore asked for comments from other members of Council before Councilmember Cokinos' motion. Councilmember Patterson asked for clarification of Alternative Plan No. 1 staffing and how equipment and apparatus would be moved. She stated that taking fire and medical units from Station No. 3. would dilute services, and relocation of the EMS service from Washington Boulevard would leave Ward IV short of EMS services, She said they rank second city wide, with over 4,000 calls received last year, for EMS calls. Fire Chief Bertrand explained Alternative Plan No. 1 would initially relocate Truck No. 3 from new Station No. 3 at Kenneth and Woodrow to Station No. 1 at 747 College. Truck No. 1, Minutes;September 21,1999;Page 4 a combination pumper/ladder truck, with three personnel, at 747 College would be moved to the station at Walden Road and immediately provide coverage at all the stations. He addressed position classification changes, and said this would be a short time solution for a year. Taking the fire truck from Station No. 3 would also mean taking the Fire/Rescue vehicle. He explained that Station No. 3 is a multi-apparatus station in the south end with one crew providing two services when responding to calls. If a medical call is received, the crew uses the Fire/Rescue vehicle, and they use the same crew to respond to a fire call,just switch vehicles. Chief Bertrand said if that crew was relocated to Station No. 1, the same crew would respond, but use Engine No. 3 to serve that area. Discussion included moving equipment and apparatus from different fire station locations, the number of calls received in Wards, response time, and added distances and increased response time in redeployment of equipment required by Alternate No. 1. Councilmember Patterson expressed disapproval of the alternate plan removing EMS service from Ward IV. Further discussion included time involved in trying to come up with a workable plan, availability and use of equipment, and recommended standards in the number of equipment. Councilmember Ames stated that if we are not meeting the standard level for fire protection, we need to look at this in the future, and if we need more fire fighters, we should deal with that issue. She expressed concern that it does not appear to citizens that Council is not willing to spend money for services and is putting a Band-Aid on an issue and not presenting a real plan. She added that in the next budget year she would like to see more personnel in the Fire Department, if needed. Mr. Bonczek said he is not convinced we need more fire fighters and commented that the Fire Department has been operating at this level approximately fifteen years and a review would show how well this system has performed. He stated rational decisions need to be made, based on priority of needs, and evaluate the quality of services given. He spoke of consequences with Alternative No. 1. Mayor Moore questioned statements made previously about adequate Fire Department personnel and comments today about not meeting standards, and Chief Bertrand explained staffing levels, the five divisions of the Fire Department, and how ISO looks at each division and makes recommendations. He listed the personnel in each division with ISO recommendations, said some fire personnel are multi-tasking, and listed other fire organizations and their recommendations for the level of personnel. The Mayor further discussed relocation of EMS services from Washington Boulevard and possibly remaining on Washington Boulevard. Mayor Pro Tern Davis apologized if any of his previous comments about this issue have been offensive, gave a brief history of events regarding redeployment of Fire Station No. 11, and spoke of past discussions with Councilmembers and staff regarding this subject. He stated that relocation of Fire Station No. 11 was never verbalized in any Council meeting or workshop. In response, Chief Bertrand confirmed that relocation was not verbalized, but presented in memo form as a recommendation in a workshop in 1997 and discussed in length with the City Manager. Mayor Pro Tern Davis extensively expressed his feelings about the relocation and compromise, Council's obligation to make the decision about relocation, need for fire Minutes;September 21,1999;Page 5 protection, and suggested postponement for another week to come up with a plan that will be acceptable to everyone and does not cost more than $10,000. He said the need of more firefighters should be addressed. Mayor Moore stated that his recommendation is to supply Station No. 11 with fire protection, not move the EMS unit from the Washington Boulevard location where both Wards can be served effectively. Councilmember Patterson agreed with Mayor Moore's suggestion to leave EMS service on Washington Boulevard, and Mayor Pro Tern Davis' said the Charlton Pollard community would support this move. He said their only request would be they receive fully manned fire protection. Mr. Bonczek reviewed the September 7th challenge to staff to retain fire service at minimal or no cost. He sad the various configurations presented all have impacts, said the best options were presented, said EMS services could be retained at Washington Boulevard, and Council could add twelve firefights, go with the administrative recommendation or the alternative plan as modified. Mayor Pro Tern Davis clarified his support for the fire station location, said Station No. 5 should be filled, and thinks that probably more firefighters are needed and that it will be a budgetary factor. He voiced support for asking ISO to conduct another study to give opportunity for a recommendation within six months regarding additional fire personnel. The City Manager stated his preference is to consider all other alternatives first, which include reassignment of firefighters that are in Dispatch to serve in fire stations. Councilmember Goodson stated there is a recommendation and two alternatives from the City Manager, and it seems the consideration is reviewing the Manager's alternative, but leaving EMS Medic III at the present location. Mayor Moore responded that his suggestion is not to close EMS service unit on Washington Boulevard, leaving it to serve two neighborhoods from a central point based upon a fire unit at Station No. 11. Councilmember Goodson again asked if this is fire protection under Alternate Plan No. 1 under the Manager's plan for the reserve unit. The Mayor replied that it would be with the reserve unit; "go with the reserve unit at Station 11 and leave EMS exactly where it is." Further discussion encompassed how the reserve unit would be staffed at Fire Station No. 11, staff as needed with existing personnel at overtime rates, administrative recommendations and alternate plans, EMS headquarters, downtown fire coverage, a ready reserve unit without 24-hour personnel, and the ready reserve fire unit operation. Other concerns addressed were response times, keeping the Station staffed with Alternative Plan No. 1, evaluating the need for new firefighters, and returning to Council in six months with a recommendation, and discussion of Alternative Plan No. 1 fully staffing Station No. 5 on Walden Road. Councilmember Goodson spoke of redeployment in staffing No. 1 and moving personnel from the Fire Marshall's office and the complexities involved. Councilmember Goodson commented that this is a plan premised on a lot of things happening from this point forward that might not even happen within this next fiscal year. Mayor Pro Tern Davis questioned implementation and study of Alternative Plan No. 1 for six months, minus the EMS unit, and then determine if more firefighters are needed. Chief Bertrand explained temporary possibilities, upgrades, and stated it seems the perception of relocating Fire Station No. 11 would do away with fire protection in the Charlton Pollard Minutes;September 21,1999;Page 6 neighborhood and that is not the case. He said there is sever overlap and duplication of coverage in that area, this area would have just as much uniform protection as any other area of the City, if Station No. 11 were not there. Mayor Pro Tern Davis responded that the statement is debatable, and again asked about staffing with Alternative No. 1 and evaluate if additional new fire fighters are needed. Chief Bertrand said that if all stations are kept open, supplementary staffing will be required. Councilmembers continued in a lengthy discussion about south end coverage, available fire apparatus, logistics of moving equipment from other locations to keep fire protection service at Station No. 11, the number of stations and equipment, calls per year, and deployment of units . Councilmember Smith remarked that she perceives that the City Manager and Fire Chief have given Council the best plan to cover the entire City with good response time by closing Fire Station No. 11, spoke about micro managing the Fire Chief and staff without expertise and making the problem worse. She commented that micro management of equipment and reorganization of the Fire Department will result with less coverage. She said it is time to bite the bullet, close Fire Station No. 11, locate EMS there because of the overlapping grids for Charlton Pollard from two other stations. Mayor Moore remarked that closing Fire Station No. 11 would be difficult to deal with and may have other ramifications that would cause damage to our community, spoke to a previous request to table the item, said progress has been made to some degree, and said based upon the weeks of deliberation, the hardest issue is leaving one part of the city feeling disenfranchised. He stated that putting a fire truck at the site without manpower is not viable, and he sees no other alternative but to continue in discussion until some level is reached that will give fire protection throughout the community without closing that station, and discontinue discussion today. Councilmember Goodson said he disagrees, said for two years, since November, 1997, he has articulated a financial problem in this City and voted for a two cent tax increase last year, when others did not. He spoke of using $6.5 million of reserves, an increased employee benefit issue next year, commented about not being able to support a proposed $22 million Capital Budget, only the planned and scheduled and not the proposed $10 million, because we cannot go from a $11.5 million debt service to $14 million. He stated we have limited resources, remarked about not wanting to reduce services, addressed fire protection in the in the north end before the Voth Station was built, the change of the Grand Avenue Station, and population moves. He said a lot of money has been put into Charlton Pollard and comments are made about letting them down by moving the fire station, but disagrees with that assessment, and encouraged making a decision now based on economics. He added that a no tax--no fee increase budget is being considered, and now talking about additional expenditures , and said no one on Council is qualified to move fire equipment around, that staff is hired to make those decisions, and said there probably would be a benefit from six to twelve more fire fighters. He stated that new firefighters may not be affordable now, nor in budgets in the near future. He stated this issue can be dragged out, but recommended getting "down to cases." Councilmember Goodson said he has a problem with trying to balance a budget by spending $6.5 million out of reserves. He stated that location of fire stations does not matter, but where the people are that need the service. (Mayor Moore requested the audience to refrain from making comments). Councilmember Goodson pointed out that everyone living at the edge of the five minute rule would like a fire station closer to their home. He said this is a cost matter, and we have to look at the bottom line of Minutes;September 21,1999;Page 7 all our finances. He referred to the disparity study requested by Councilmember Patterson and where the funds have been spent. He requested to leave the matter open, leave the reserve truck in place, and revisit the issue within a year, and "decide what to do to live within our budget." Mayor Pro Tern Davis confirmed his request for postponement, expressed understanding of Councilmember Goodson's concerns about fiscal responsibility, spoke about the necessary number of City employees, cutting non-essentials, said Charlton Pollard is willing to make sacrifices, and spoke of a unified vote. Mayor Pro Tern Davis spoke in support of a tax increase to keep a fire station open in Charlton Pollard. Closing discussion included looking at needs instead of wants, overlap of fire protection grids, costs involved in manning the Sabine Pass station, feasibility of ISO study and recommendations, tabling the issue, trying to please all citizens, compromising, a truck with no personnel not being the answer, not micro management, but representing constituents, need for fire and medical protection, the effect of tabling a vote on other budget items on the agenda, the possibility of amending the budget, disappointment that the perception that a service is being taken away, the residents in the far corner of the Tyrrell Park area that do not receive five-minute fire protection, creation of more with less, consent by Councilmember Cokinos to defer action, and notification by the City Attorney that the tax rate is the only item that cannot be amended. The City Manager asked for clarification of specific parameters of his assignment to bring forward a plan for the next meeting that can be different than the one presented today. Mayor Pro Tern Davis said his suggestion is to "sit down, take a step back, breathe a little bit, relax a little bit, look at this from a brand new approach." He said he is willing to accept one truck and do whatever can be done within good financial prudence to accomplish a plan that can be accepted by everybody. Mayor Pro Tern Davis said his directive is to sit down, concentrate, be open, look at everything, try to come up with a minimal solution that would provide with fire protection at a basic minimum at Charlton Pollard. Mayor Moore voiced the desire is that no community will feel disenfranchised, and said he has information to share with the City Manager and Fire Chief that might help with a solution. Action on this item was deferred by consensus of Council. 2. Consider various alternatives to enhance the current EMS system (Mayor Moore left Council Chambers at 3:58 p.m. and returned at 4:01 p.m. during discussion of Item No. 2.) The City Manger presented three alternatives to enhance the current EMS system for Council consideration: 1) Solicit request for proposals (RFPs) for a one year pilot project to provide emergency medical services to the community by a private ambulance staffed with two paramedics; 2) Add one ambulance until staffed with two paramedics to the City's EMS Division; and 3) Continue the current EMS delivery system and implement management initiatives to improve response times and cost effectiveness. Minutes;September 21,1999;Page 8 Mr. Bonczek said administration recommends Alternative 3 and to also solicit RFP's to determine if another privatized unit with two paramedics, at no cost to the City, is desired. He further explained implementation of management initiatives and the budgetary impact with each alternative. Councilmember Ames moved to approve the administration's recommendation No. 3 to continue the current EMS delivery system and implement management initiatives to improve response time and cost effectiveness with the elimination of relocating Med Station No. 3 to Fire Station No. 11. Councilmember Smith seconded the motion. Before the vote was taken Councilmember Davis asked the City Manager to exactly restate Recommendation No. 3. Mr. Bonczek said "It's more reviewing management initiatives that we could implement to save money and retain quality services. We'll take an RFP on privatizing billing, come back to you, if we're convinced we can collect more money on the payments owed us. We'll analyze how we staff and schedule. We'll institute some procedures to better handle calls so that the serious calls are handled by Beaumont EMS. Other transports are handled by the privates, and that supports private enterprise, and that's good. We'd have a commitment from them that when we call, they'll be there. We're going to finalize that, formalize that I would say, before we move ahead, but we've had their verbal commitment at a meeting, and look at the possibility of working with the firefighters on paramedics. Some of these are more longer term, but we're going to look at all of it." Mayor Pro Tern Davis questioned if No. 3 would be a part of the Beaumont EMS and if another unit would be added. The City Manger responded that he would review RFP's and come back to Council, if it is cost effective. He said if he could get a private unit to assist the administration during the process of all the new ideas, at no cost, he would bring it to Council. If it requires a subsidy of any substantial amount, he would discuss that with Council first. Mayor Pro Tem Davis also questioned determination of a staffed Beaumont EMS, and Mr. Bonczek replied that he is recommending not to do that, but to keep our four EMS units, receive a proposal for a private fifth unit with two paramedics and institute some of the new ideas. (Councilmember Patterson left the Council Chamber at 4:10 p.m. during discussion and was not present for the vote.) MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, and Ames. Noes: None 3. Consider the addition of five employees and additional equipment to the FY 2000 proposed Budget for the Neighborhood Services Division of the Clean Community Department The City Manager reviewed current grass mowing procedures of vacant property and for property that owners fail to mow. He said mowing of vacant property has been under Minutes;September 21, 1999;Page 9 contract with private companies, and a request for $130,000 was presented for that operation in the FY2000 proposed budget. Mr. Bonczek said consideration by Council for the Clean Community Department to perform all grass mowing activities is requested because they can improve the visual appearance of the city efficiently, effectively and more economically after the initial purchase of equipment. If approved, contracts with private mowers will not be renegotiated. Mr. Bonczek said the Clean Community Department is requesting five additional employees and mowing equipment and supplies for a total cost $142,000. (Councilmember Patterson returned at 4:13 p.m. Councilmember Smith left the Chamber at 4:15 p.m. and Mayor Pro Tern Davis returned at 4:15 p.m. during discussion of Item 3.) Council discussion included staffs ability to perform quality service, cost of private service, and the budget impact. Clean Community Director John Labrie spoke about his department's Goals and Objectives emphasizing a more aggressive approach in clearing private property and stated that his department can do more work and manage the entire mowing performance better. Councilmember Goodson said he appreciates the probability that the Clean Community Department can provide better service, but cannot support any budget increase. Mr. Labrie said that the program will be framed within the $130,000 budgeted amount and the additional $12,000 removed from the request. (Mayor Pro Tern Davis left Council Chambers at 4:12 p.m. and returned at 4:16 p.m., and Councilmember Smith returned at 4:22 p.m. during Council discussion.) Councilmember Goodson moved to authorize adding five additional employees and additional equipment to the FY 2000 proposed budget for the Neighborhood Services Division of the Clean Community Department. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Ames, Councilmembers Smith, Goodson, Cokinos, Davis, and Patterson Noes: None 4. PUBLIC HEARING: FY 2000 proposed Budget The public hearing opened at 4:24 p.m. 1 Mr. Harvey Campbell, 5855 Gladys Avenues, said he has heard Council's statement of striving for no tax increase, but said the proposal will affect the average resident with a 7.75 percent tax bill increase and there is an inflation increase of about 2 percent. Mr. Roberto Flores, 2425 Buchanan, said he would like to suggest elimination of the recycling program and extended bus service as cost-cutting items for consideration and reported seeing buses empty after 7:00 p.m. Mr. Flores said that Council will come under hard pressure if the fire station remains open and postponing a decision will not remove the pressure. He spoke of using reserves and future cuts in the budget. The public hearing closed at 4:27 p.m. Minutes;September 21, 1999;Page 10 Mayor Pro Tern Davis asked the City Manager to explain Mr. Campbell's comments, and Mr. Bonczek said increased appraisals have caused tax statements to be higher, but the tax rate remains the same as last year. Mayor Pro Tern Davis questioned fund balances that are being depleted and previous dips into fund balances. He also expressed not addressing the rate of increase pertaining to employees, and restated his request to address each fund balance. Mr. Bonczek stated we have a financial management policy for the general fund of 8 to 10 percent of all operating revenues. Currently, we have a balance close to ten percent. This year, $1.1 million was used to balance a deficit budget. Another$1.5 million was taken from the debt service fund to pay debt service for capital projects. He said ways to save money and raise revenue are being addressed. Every employee vacancy is being addressed. The City Manager reviewed page 12 of the All Funds Summary showing balances on October 1, 1999 with projections at the end of the fiscal year to be: $7.5 million in the General Fund down to $6.5 million; $4.2 million in Debt Service down to $2.7 million; $2.6 million in Water Utilities Fund increasing slightly to $2.67 million; $3.7 million in Solid Waste Fund to $3.35 million; $206,000 in Hotel Occupancy Tax Fund down to $69,000; approximately$1.4 million in Street Maintenance Fund down to about $50,000; $582,000 in Municipal Transit Fund down to $294,000; $1.5 million in Capital Reserve Fund down to $974,000; $401,399 in Fleet Management Fund down to $399,000; $768,000 in Employee Benefits Fund down to $704,000; and $1.2 million in General Liability Fund down to slightly above $1 million. Councilmember Goodson observed that the reductions amount to $6.5 million in reserves and pointed out that the trend over the past several years needs to be considered. He spoke of the Employee Benefits Fund, hopefully, standing at$700,000 at the end of the fiscal year, and compared its standing a couple of budgets ago being at $2.3 million. He stated there has been a substantial reduction of$1.4 million in that fund over two fiscal years, and said he does not have a comfort level with that fund, and stated that the reduction is in the fund because of the amount employees are contributing to benefits. He addressed regulatory measures, such as NPDES. Mayor Pro Tern Davis explained to the public that the City of Beaumont does have fund balances, and said he advocates operating with balanced budgets, not dipping into fund balances. He said that can only be accomplished by looking at wages, benefits of non- essential employees, administration, amount being paid individuals, and analyzing the biggest cost to the budget. Mayor Pro Tern Davis stated that is not a fire station, but personnel and how we're building our budget. In 1992, he said there were about 1,200 employees, and now there are about 1,300, plus about 300 part-time employees that work 25-30 hours per week, and said that is where the money is. He said tough decisions need to be made with this budget about personnel and the needs of the community. He spoke in support of cuts at the top level to align the budget, not in attacking public safety issues. Councilmember Smith interjected that 47 percent of the budget is for Public Safety, and Mayor Pro Tern Davis retorted that they have had a net decrease of employees in recent years. Mr. Bonczek replied that every vacant position will be reviewed and if warranted, they will be eliminated by attrition. Minutes;September 21,1999;Page 11 5. Consider adopting the FY 2000 Budget Councilmember Smith moved to approve Ordinance No. 99-65 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30,2000 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 6. Consider adopting the FY 2000 Capital Program Councilmember Goodson began discussion by verifying Debt Services amounts with Finance Officer Beverly Hodges and that when the $22 million is used, payments will be increased to about$3 million per year, from $11.5 to $14 million. He spoke of commitments not made for planned projects, which is about$10, and Mrs. Hodges confirmed his statement, but said an additional $10 million is required for scheduled project. Councilmember Goodson said he can only support a Capital Program for year 2000 that covers current and scheduled projects, and not the additional $10 to 12 million for planned projects. He commented that this will affect several projects, and reviewed those in various Wards. Councilmember Goodson said his vote will be to accept a Capital Budget that covers the additional $12 million needed for the Concord Road, Walden Road, Phelan Boulevard, and other scheduled projects until what the future holds is better seen. Councilmember Patterson voiced concern about Virginia Street, from Mercantile to in front of Odem Academy as a safety issue. She said this issue has been discussed for the past four years, commented about Phelan Boulevard transferred to scheduled projects, and reiterated that traffic congestion creates a safety concern on Virginia Street. Councilmember Goodson again explained that current and scheduled projects require a Capital Budget of about $12 million, and said that many projects are already under some phase of construction. He said his recommendation is to dispose of those that are not scheduled, and said he is receptive to discussing deferral of the project in front of West Brook being bumped up. Councilmember Goodson explained that unfortunate accidents have occurred at that location, but said he is open to deferring any project that is not sufficiently on its way. He added that he feels definite commitments should be fulfilled, but beyond that, other needful projects may have to wait. (Mr. Bonczek left the Chamber at 4:48 p.m. during Councilmember Patterson's comments.) Councilmember Patterson agreed that considerations have to be made, but said besides the safety of the children, vehicles going to the school are creating traffic congestion problems for residents in the neighborhood. She said they have difficulty exiting their driveways at the beginning and close of school. She reported receiving complaints about the problem for five Minutes;September 21,1999;Page 12 years, said we are fortunate no major accidents have occurred, that a child has not been injured, or that lawsuits have not been filed. Councilmember Patterson said this is an important project and voiced preference that Council place it on the scheduled project list. Mayor Pro Tern Davis asked Finance Officer Beverly Hodges if we are in good financial condition today, not in the future. Mrs. Hodges replied that the City of Beaumont has sufficient and stable reserves at this time. He also clarified that ways to cut costs need to be addressed. Mrs. Hodges said to remain in a position not to raise taxes, that will be an obvious issue. Mayor Pro Tern Davis also questioned Mrs. Hodges about looking at ways to streamline areas in the budget to assist in addressing these concerns. Mrs. Hodges confirmed that is part of the on-going budget process and becomes more critical March through September. (Mr. Bonczek returned at 4:52 p.m. during Mayor Pro Tern Davis's continued comments.) Mayor Pro Tern Davis commended the Finance Officer, spoke about addressing next year's budget, and questioned typical unexpended percentages remaining in departmental budgets. Mrs. Hodges said there is no certain percentage and cited an example that vacancies are budgeted in the Police Department. In other departments, full employment is not budgeted. A policy has been adopted to only budget vacancies that can be predicted. Mayor Pro Tern Davis inquired if Councilmember Goodson's comments are informational or to be considered as a motion. Councilmember Goodson stated that the bonds are sold and the Capital Program could be adopted as presented and not spend the funds, but said it is important to make a statement that Council is drawing a line in the sand until financial stability is increased. Councilmember Goodson said tax revenue increases have been based on growth, some have been realized by reevaluation of property, and spoke of the tax decline of some oil interest owners. He again expressed a concern about the steady deterioration in reserve balances, said this year will shown a substantial change, and said his feeling is to just adopt a Capital Budget limited to about $12 million that includes current and scheduled planned projects for FY2000. Councilmember Goodson moved to approve Resolution No. 99-274 to adopt the FY 2000 Capital Program that complete the current and scheduled projects in the FY2000 budget in an approximate amount of $12 million. Mayor Pro Tern Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, and Ames Noes: Councilmember Patterson Mayor Pro Tern Davis added that he joins Councilmember Goodson in holding the line on expenditures until our financial house is in better order. 7. Consider adopting the 1999 property tax rate Minutes;September 21,1999;Page 13 Councilmember Smith moved to approve Ordinance No. 99-66 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1999; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 8. Consider approving a contract for the construction of the Delaware Outfall for the Concord Road Pavement Widening Project Mayor Pro Tem Davis moved to approve Resolution No. 99-275 authorizing a contract with Excavators & Constructors, Inc. in the amount of $5,024,678.32 for construction of the Delaware Outfall and Concord Widening Project Contract IIA. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None Mayor Pro Tem Davis expressed concerns about the additions of Change Orders to contracts after acceptance of a contract and suggested holding contracts to original bids to avoid extra expenses. 9. Consider authorizing the Mayor to approve the proposed IH-10 Frontage Roads Projects schematic Council discussion included the City's commitment, actual date funding will be required, TXDot's contribution to the contract, this item not included in the FY2000 budget, adding $3.8 to the budget, and reasons for supporting growth. Further questions and discussion included the monetary commitment, steps of the agreement, possibility of $3.8 million commitment reduced to $1.4 or 5 million, a bond issue funding the City's portion, long-term economic benefit of participation, possible deferral or rescheduling of other projects, prioritizing projects, commitment to participation, and opportunity to attend a meeting in Austin to gain support for the project. The City Attorney advised Council that signing the schematic is tantamount to a moral obligation, but a legal obligation will not occur until Council is given an opportunity to authorize execution of the contract. Information about funding might be available within a month or two. Councilmember Smith moved to approve Resolution No. 99-276 authorizing the Mayor to approve schematics for the frontage road project from Walden Road to FM 364 (Major Drive) at an anticipated cost of $3,800,000 for the proposed Jefferson County Entertainment Complex. Mayor Pro Tem Davis seconded the motion. MOTION PASSED. Minutes;September 21,1999;Page 14 Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos , Ames, and Patterson Noes: None 10. Consider approving a five-year financing agreement for the purchase of a Pierce Lance Fire Pumper Councilmember Smith moved to approve Resolution No. 99-277 authorizing a five-year lease agreement with Banc One Leasing Corporation at a 5.2 interest rate for purchase of a Pierce Lance fire pumper for an approximate cost of$317,000. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos ,Ames, and Patterson Noes: None 11. Consider approving an agreement between The Burlington Northern and Santa Fe Railway Company and the City of Beaumont to widen and improve the grade crossing at Walden Road Councilmember Smith moved to approve Resolution No. 99-278 authorizing a contract with The Burlington Northern and Santa Fe Railway Company in the amount of, $142,582 to widen and improve the railway crossing at Walden Road. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 12. Consider approving a three-year contract for long term disability insurance Councilmember Goodson moved to approve Resolution No. 99-279 authorizing a three-year agreement with Prudential Insurance Company of America, effective January 1, 2000, for long term disability benefit insurance. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Goodson, Cokinos, Ames, and Patterson Noes: None Abstention: Councilmember Smith Before continuing with the Agenda, Mayor Pro Tern Davis questioned location of a pumper purchased in August, 1999, and was advised it would be at Station No. 8. 13. Consider the handling of third party workers' compensation claims Minutes;September 21, 1999;Page 15 Councilmember Goodson moved to approve Resolution No. 99-280 authorizing the City Manager or his designee the authority to initiate lawsuits and settle third party workers' compensation claims with review and approval by the City Attorney's office. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 14. Consider approving a change order for the Ector Street Ditch Crossing of US 69, 96, 287 Councilmember Patterson moved to approve Resolution No. 99-281 authorizing Change Order No. 1 in the amount of $75,735 to the contract with the Texas Department of Transportation and Drainage District No. 6. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None 15. Consider approving a revision to Section 26-24 of the Code of Ordinances relating to school speed zones change order for the Ector Street Ditch Crossing of US 69, 96, 287 Councilmember Smith moved to approve Ordinance No. 99-67 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SCHEDULE B AND D IN SCHOOL ZONES; PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Davis, Councilmembers Smith, Goodson, Cokinos, Ames, and Patterson Noes: None COMMENTS * Councilmembers comment on various matters. Councilmember Goodson referred to Consent Agenda Item A supporting the reconstruction of Highway 87 to express appreciation to Jefferson County for working on this difficult project. He commented that he believes that if the project is correctly approached and consideration given to all those with vested interests, as well as land owners, it should be a win-win situation, and he can fully support the project. Mayor Pro Tern Davis reported that an Avenues Neighborhood Association meeting was held last night with good representation of 20 to 30 residents and asked the City Manager to give priority to the Avenues with CDBG funds for housing within the budget of the HOME Fund. Minutes;September 21,1999;Page 16 Councilmember Patterson commented about her prior remarks concerning the Virginia Street project, spoke of a possible Change Order for Chaisson Street, and said she understands fiscal constraints. She further addressed 23rd Street and Avenue A being on the other projects list for several years, safety concerns at one school considered over another, and expressed disappointment in the Virginia Street request, and said it is not a matter of want or a need, but a matter of safety and concern for residents in the area, and requested that Council possibly consider the request next year. * Public Comment (Persons are limited to 3 minutes) Mr. Roberto Flores, 2425 Buchanan, reported that the Citizens on Patrol started about 55 days ago in the Avenues area has been very successful with 180 hours of patrolling. He announced that on Friday evening at 6:30 p.m., a "ride-out" will begin with dinner at Elena's Restaurant and then patrolling the Avenues area will begin with about 50 people. He reviewed results of the program to date. Ms. Peggy Pierre, 1220 Avenue F, addressed Council to suggest that a study or survey conducted by students of Lamar University be conducted regarding safety and concerns of the Avenues' residents. Ms. Pierre verified her Council representation and spoke in opposition to a home purchased by Delores Davis for operation as a place for homeless people. She suggested a Heritage and Cultural Center in the area to educate residents about the diversity of their community. Ms. Pierre stated that children from the home on Franklin Street are outside playing without supervision on a busy street, and said she would like to discuss these concerns further with her Council representation. * City Manager's Report The City Manager announced that a Council meeting will not be held September 28. He and Executive Assistant Kyle Hayes will be attending a conference. He reported working with Mayor Moore to fill Board and Commission vacancies, said solid waste, recycling issues and landfill fees will be brought to a future workshop. Adoption of Southern Building Code permit fees will be brought to Council in October that should generate $200,000 more to the General Fund. Mr. Bonczek shared research by the City Attorney banning acceptance of gifts from a public utility company prohibited by the City Charter for all officers or employees of the City. He referred to the Disparity Study presented to Council and announced that Councilmember Smith and Central Services Director Maurine Gray have been honored as Beaumont "Women of Excellence" and commended them for their service to the City of Beaumont. There being no further business, the meeting adjourned at 5:35 p.m. David W. Moore, Mayor 4 L /,­f k ,ct, Barbara Liming, ity Clerk Minutes;September 21,1999;Page 17