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HomeMy WebLinkAboutPACKET NOV 6 2012 RICK WIT■ O!/ORTORITT B,E.AUMON* T • B - a • A • s REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 6,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 30, 2012 * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to execute an annual agreement with Lamar University for video production services B) Approve a resolution amending a Development and Lease Agreement with the Beaumont Children's Museum C) Approve a resolution amending and approving the Alcohol and Substance Abuse Policy for employees of the Beaumont Municipal Transit system D) Approve a resolution reappointing Dewey J. Gonsoulin to the Civil Service Commission E) Approve a resolution authorizing the City Manager to accept grant funding through the Mamie McFaddin-Ward Heritage Foundation A RICH WITH OPPORTUNITY us BEAUMmON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager d' PREPARED BY: Jim Thompson, Director of Management Operations MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider a resolution authoring the City Manager to execute an annual agreement with Lamar University for video production services. BACKGROUND Since 1997, Lamar University has provided video production services to the City that primarily include recording regular meetings of the City Council for broadcast over the government access channel provided by Time Warner Cable on cable channel 4. The staff is very satisfied with the cooperation and quality of service provided by Lamar University. The annual cost to the City under the Agreement is $11,785. A copy of the Agreement is attached for your review. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Letter of Agreement with Lamar University to provide video production services for the recording of each regular meeting of the Beaumont City Council from September 1, 2012 to August 31, 2013. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - Letter of Agreement Between Lamar University and the Beaumont City Council for the Taping of Beaumont City Council Meetings The Lamar University Department of Communication will provide video production services to the Beaumont City Council for the recording of each regular meeting of the Beaumont City Council from September 1,2012 to August 31, 2013. The services provided by the Lamar University Department of Communication for the Beaumont City Council shall include,but not be limited to,the following: a) the recording of each regular meeting of the City Council, b) any post production work needed to broadcast the videotapes, c) the production of two public service announcements(PSA's), or other video production projects as directed by the city. The Lamar University Department of Communication will provide all production and post-production equipment related to the creation of public service announcements. d) the use of studio time,facilities, and staffing to produce one show/session per month. The Beaumont City Council will provide: a) a schedule of and agenda for all regular City Council meetings to the Lamar University Department of Communication, b) fixed-in-place cameras and a Newtek Tri-caster switcher for the Lamar University SETCAST camera operator to use in the set-up,production,and recording of the meeting, C) a payment of$11,785 to the Lamar University Department of Communication for video production services provided from September 1,2012 to August 31,2013. The payment is to be made on or before October 30,2012. F*Lniversity, For the City of Beaumont, Gre g E. L e ice President for Kyle Hayes,Beaumont City Manager ipan7� operations Date Date EXHIBIT "A" B RICH WITH OPPORTUNITY BEAUMON* A T • R • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick DonarC Public Works Director MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider a resolution amending a Development and Lease Agreement with the Beaumont Children's Museum (BCM). BACKGROUND Council approved a Development and Lease Agreement on December 14, 2010 with BCM. The lease includes a building located on the northwest comer of Crockett and Neches and surrounding property. BCM has requested that the lease be amended reducing the surrounding property by 14,940 sq. ft. The property located on the north side of the building will be excluded from the lease,thus allowing the Rotary Club to construct a new playground on the property. The playground will be given to the City and will not be affiliated with BCM. Attached is the revised plat indicating the proposed leased area. BUDGETARY EVIPACT None. REQUESTED ACTION Approval of the resolution. RESOLUTION NO. WHEREAS, on December 14, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-327 authorizing the City Manager to execute a Development and Lease Agreement with the Beaumont Children's Museum (BCM) for property located on the corner of Neches and Crockett Streets; and, WHEREAS, an amendment to the Development and Lease Agreement is required to reduce the property by 14,940 sq. ft. in order to allow the Rotary Club to construct a playground on the property.Amendment No. 1 to the Development and Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Development and Lease Agreement with Beaumont Children's Museum(BCM)for the purpose of reducing the property by 14,940 sq. ft. to allow the Rotary Club to construct a playground. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - AMENDMENT NO.1 TO A DEVELOPMENT AND LEASE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Modification,made this day of ,2012,between the City of Beaumont,Texas,a municipal corporation of the State of Texas(herein referred to as"Lessor") and Beaumont Children's Museum,a nonprofit corporation of the State of Texas,(herein referred to as"Lessee"). Recitals WHEREAS,Lessor and Lessee entered into a Development and Lease Agreement on November 10,2010;and, WHEREAS,the demised premises under the Development and Lease Agreement are more fully described in Exhibit"A"attached hereto for all purposes;and, WHEREAS,it is the desire of the parties to amend the description of the premises demised by the lease; NOW,THEREFORE,in consideration of the mutual covenants contained herein,the parties agree as follows: The description of the demised premises contained in Exhibit"A"shall be modified to reduce the demised premises as reflected in the amended description contained in Exhibit"B" attached hereto for all purposes. Both parties agree that after said exclusion of property from the lease,Lessee will not longer have any leasehold interest in and to said excluded property. These provisions shall extend to and be binding on the heirs,legal representatives, successors and assigns of both parties hereto. This amended description shall be incorporated into the basic lease and all other terms of the basic lease shall remain in full force and effect,unaltered and unchanged by the subsequent agreement. EXECUTED on this day of November,2012. LESSOR: LESSEE: City of Beaumont Beaumont Children's Museum By: By: Kyle Hayes,City Manager Allison Getz,President EXHIBIT "A" Xl�xf3Tr c rt ny V • i • a N L Wahm ftW S Lat a Let a Lot 3 Let 4 Let_ Let 1 Oleed aa'Ay UP Let a Let 10 Let 11 Lot 12 toil H � N H m x WLot 7 Let a rZ rZ LJA tea,Inc. / 005 Ofleans Street Phone 498.813.1862 Besu nofft,Texas 77791 Fax 409,813.1916 Client Children's Museum Crockett Stmet PROJECT LOCATION Crockett Street and Neches Street CITY COUNTY STATE Beaumont Jefferson Texas SITE ADDRESS: Crockett St.and Neches St. DATE I JOB NO. IBOOK NO SCALE 101244//211012 1 4335{-1001 1 0330/072 1 1"=60' owl M,f1 1lB1UIM c RICH WITH OPPORTUNITY REAIIMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider a resolution amending and approving the Alcohol and Substance Abuse Policy for employees of the Beaumont Municipal Transit system. BACKGROUND Currently the Beaumont Municipal Transit (BMT) system is managed by a private company, through a Management Agreement with Beaumont Transit Company of Jacksonville, Florida. Receiving funding and oversight from the Federal Transit Administration (FTA), BMT was recently informed that modifications to its Alcohol and Substance Abuse Policy were necessary in order to be in compliance with all regulations and requirements. Specifically,the amendments to the plan outline behaviors and actions that would constitute a refusal to take a required drug or alcohol test.Attached is the policy with the proposed amendments. The modification includes the addition of"Change Eight(8)". This addition references Code of Federal Regulations(CFR)49, Part 40, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs," which was updated by the Department of Transportation on May 12, 2012. BUDGETARYIMPACT None. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the amended Beaumont Transit System Alcohol and Substance Abuse Policy, substantially in the form attached hereto as Exhibit "A," is hereby in all things approved for implementation by the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - 7 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY A. POLICY It is the goal of Beaumont Transit System to provide safe, dependable, low cost transportation to all passengers. While we have many resources to meet this goal, none is more important than our employees. Therefore to ensure that our employees can perform at their highest potential, it is our policy to: 1) create a drug/alcohol free workplace; 2) prevent drugs/alcohol from impairing an employee's ability to perform his or her job in a safe, efficient manner; 3) restrict the consumption, manufacturing, or selling of drugs and other controlled substances; 4) support a professional assistance program for individuals who have problems with drugs and alcohol affecting their job performance. B. PURPOSE Beaumont Transit System has the right to protect its employees, passengers and public from the adverse affects of drugs and alcohol. While the employer does retain this right, it has no right to restrict an employees' off-the-job conduct, absent a showing that such conduct inherently and necessarily impairs or could impair the employees' iob performance. The Federal Transit Administration guidelines ( 49 CFR Part 655 ' ) , set forth in this policy are created to prohibit an employee from functioning in a safety-sensitive position while under the affects of drugs/alcohol and to assure the employee's fitness for duty. It should be noted that this company will also remain under the "Drug Free Workplace Act Of 1988" (49 CFR Part 29) . C. APPLICABILITY This policy set forth by Beaumont Transit System will apply to all safety-sensitive and non-safety-sensitive transit system employees, paid part-time employees, volunteers, contractors and their employees while on transit property or while conducting any transit related safety-sensitive function. Safety-sensitive function means performing, ready to perform or the immediate availability to perform any duty related to the safe operation of mass transportation services. The following are safety-sensitive functions: 1. Operation of a revenue service vehicle, whether or not such vehicle is in revenue service 1 EXHIBIT "A" 2. Operate nonrevenue service vehicles that require drivers to hold CDLs 3. Dispatch or control revenue service vehicles 4 . Maintain revenue service vehicles or equipment used in revenue service except contractors to Section 18 transit agencies 5. Provide security and carry a firearm The functions listed above are as outlined by the Federal Transit Administration (FTA) and these are to include any salaried personnel who perform these functions as well as hourly paid employees. At the end of this policy you will find a list of safety-sensitive functions as they apply to Beaumont Transit System. Though the FTA only regulates testing to safety-sensitive employees, this policy will cover all employees. Non-Safety- Sensitive employees are subject to the testing procedures, test methods, prohibited conduct and disciplinary action that are presented in this policy unless otherwise stated. It will be noted that any guidelines which Beaumont Transit deems necessary to apply to non-safety-sensitive employees are done so at the authority of Beaumont Transit System and not the FTA. D. PROHIBITED DRUGS "Prohibited Drugs" are defined and limited to the substances specified in Schedule I through V of Section 202 of the Controlled Substances Act (21 CPR U.S.C. 812) and as further defined by 21 CFR 1300. 11 through 1300. 15. Beaumont Transit System is required by the FTA to test for the following drugs (or their metabolites) . Also listed below are the "Minimum Stipulated Test Levels" necessary for a positive test result. Beaumont Transit System will strictly adhere to FTA guidelines when testing for these drugs. SUBSTANCE INITIAL CONFIRMATION TEST SCREEN Immunoassay Gas chromatography/mass (RIA/EMIT) spectrometry (GC/MS) I. Marijuana 100 ng/ml 15 ng/ml 2 . Amphetamines 1000 ng/ml 500 ng/ml 3 . Opiates 300 ng/ml 300 ng/ml 4. Phencyclidine 25 ng/ml 25 ng/ml (PCP) 5. Cocaine 300 ng/ml 150 ng/ml 2 Beaumont Transit System reserves the right to test for other drugs such as barbituates, benzodiazapines(e.g. , Valium, Librium, Xanax) , nonbarbituate sedatives(e.g. , Quaalude) , and nonamphetamine stimulants. Tests for these drugs will be performed separately from the PTA test. Such testing is outside the scope of the FTA regulation and is entirely at the discretion of the transit company. E. ALCOHOL It is prohibited to conduct any transit business or operate any transit vehicle while alcohol is present in the body. This consists of the following which include alcohol: 1. Alcoholic beverages 2. Any medication containing alcohol 3. Mouthwash 4. Food or candy 5. Any other substance which may contain alcohol F. LEGAL DRUGS The appropriate use of legally prescribed drugs and non prescription medications is not prohibited. A written prescription from a physician which includes the patient's name, substance name, amount prescribed, and the period of authorization will constitute a legally prescribed drug. Should the drug, whether prescription or over-the counter in any way affect mental functioning or the ability to operate machinery, use of must be reported to a supervisor before performing a transit related function. G. PROHIBITED CONDUCT AI cohol Use Under FTA guidelines an employee must not consume alcohol while performing a safety-sensitive function, four hours prior to performing a safety sensitive function, and up to eight hours following an accident or until the employee undergoes a post accident test, whichever comes first. As a part of Beaumont Transit System's policy we require that no employee, safety- sensitive or non-safety-sensitive, may consume alcohol within 4 hours -of reporting for duty, while in uniform or on duty. Furthermore no safety-sensitive employee may use alcohol in any form during down time on a split run. Failure to comply will result in disciplinary action up to and including termination. Illegal Drugs Use and ingestion of illegal drugs is prohibited at all times. Transit system employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use 3 of controlled substances in the workplace consistent with the Drug Free Workplace Act of 1988. H. DISCIPLINE REGARDING THE USE OF DRUGS AND THE MISUSE OF ALCOHOL Under this policy and as set forth under FTA regulations, any employee with an alcohol concentration of .04 or greater is not allowed to perform any safety-sensitive duties until he or she has been evaluated by a Substance Abuse Professional and has passed a return to duty test. An employee with a alcohol concentration of .02 or greater but less than .04 must be removed from duty for eight hours or until a retest shows an alcohol concentration of less than .02. Furthermore under the FTA guidelines any safety- sensitive employee who has a verified positive drug test result, an alcohol concentration of . 04 or greater, or refuses to submit to a test must also be evaluated by a Substance Abuse Professional. Refusal to submit to a test include the following behaviors: 1. Refusal to take the test. 2 . Inability to provide sufficient quantities of breath or urine to be tested without a valid medical explanation. 3 . Tampering with or attempting to adulterate the specimen or collection procedure. 4 . Not reporting to the collection site in the allotted time. 5. Leaving the scene of an accident without a valid reason before tests have been conducted. The following disciplinary guidelines are not mandated by the FTA, but for the purposes of this policy Beaumont Transit System reserves the right to conduct disciplinary procedures regarding drugs\alcohol as it deems necessary. These guidelines cover all employees both safety-sensitive and non-safety-sensitive. As set forth by the FTA, Beaumont Transit System will ensure that all employees receive the opportunity for evaluation and treatment should they have a verified positive test result. Evaluation and rehabilitation will be offered to the employee even if the employee is terminated. All employees who test positive for drugs\alcohol while performing a safety-sensitive function will be offered treatment in a rehabilitation program for the first offense. Should the employee refuse the treatment program he\she will be terminated immediately. Should an employee test positive a second time while erformin p g a safety-sensitive function the employee will be terminated immediately. Those who test positive while on company property will be suspended pending an investigation by management and dependent upon those findings the employee will receive disciplinary action up to and including termination. Should management have reasonable suspicion to believe that an employee is abusing drugs or alcohol outside the workplace and it is adversely affecting his or her job performance, the company reserves the right to require that the employee enter a Employee Assistance Program. Any employee who fails to comply with the 4 assistance program at the request of management is subject to disciplinary action up to and including termination. Any employee that refuses to submit to a drug urine test or a breath alcohol test as outlined above will be terminated immediately. An employee that tests positive for drugs alcohol after an accident will be terminated immediately. The company has the right under FTA regulation to test up to 32 hours for drugs and 8 hours for alcohol after an accident. If an employee is charged with drug trafficking, possession, manufacturing or use outside the workplace he or she will be terminated immediately. Furthermore any safety- sensitive employee or holder of a CDL who receives a DWI outside the workplace and does not notify management within 1 day of being charged will receive discipline up to and including termination. I. EFFECTS OF ALCOHOL As, outlined by the FTA this section will cover the effects of alcohol misuse on an individual's health, work and personal life; signs and symptoms of an alcohol problem; and available methods of intervening when an alcohol problem is suspected. Health Effects The chronic consumption of alcohol (average of three servings per day of beer [12 ounces] , whiskey [1 ounce] , wine [6 ounce glass] ) over time may result in the following health hazards: 1. Decreased sexual functioning 2 . Dependency (up to 10 percent of all people who drink alcohol become physically and/or mentally dependent on alcohol and can be termed "alcoholic" 3 . Fatal liver diseases 4 . Increased cancers of the mouth, tongue, pharnyx, esophagus, rectum, breast, and malignant melanoma 5. Kidney disease 6. Pancreatitis 7. Spontaneous abortion and neonatal mortality 8. Ulcers 9. Birth defects (up to 54% of all birth defects are alcohol related) . Social Issues 1. Two thirds of all homicides are committed by people who drink prior to the crime. 2 . Two to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. 3. Two-thirds of all Americans will be involved in a alcohol related vehicle accident during their lifetimes. 4. The rate of separation and divorce in families with alcohol dependency problems is 7 times the average 5 5. Forty percent of family court cases are alcohol problem related. 6. Alcoholics are 15 times more likely to commit suicide than are other segments of the population. 7. More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents and 76 percent of private aircraft accidents are alcohol related. The Annual Toll 1. 24, 000 people will die on the highway due to the legally impaired driver. 2. 12,000 more will die on the highway due to the alcohol affected driver. 3_ 15,800 will die in non-highway accidents 4. 30, 000 will die due to alcohol caused liver 5. 10, 000 will die due to alcohol-induced brain disease or suicide. 6. Up to another 125, 000 will die due to alcohol-related conditions or accidents Workplace Issues 1. It takes one hour for the average person (150 pounds) to process one serving of an alcoholic beverage from the body. 2 . Impairment in coordination and judgement can be objectively measured with as little as two drinks in body. 3. A person who is legally intoxicated is 6 times more likely to have an accident than a sober person. Signs and Symptoms of Use 1. Dulled mental processes 2. Lack of coordination 3. Odor of alcohol on breath 4. Possible constricted pupils 5. Sleepy or stuporous condition 6. Slowed reaction rate 7. Slurred speech "-" Methods of Intervention 1. Develop an effective Employee Assistance Program to aid in the counseling of employees with alcohol related problems 2 . Drug and alcohol rehabilitation treatment (2 types) A. Intensive Impatient Services: Treat people with physical and/or psychological complications. B. Intensive outpatient services: Treat dependent 6 patients who have fewer physical or psychological complications. J. TESTING PROCEDURES It is the policy of Beaumont Transit System to follow the drug\alcohol testing procedures that have been laid out by the FTA. Beaumont Transit System will strictly adhere to all standards of confidentiality and assure all employees that testing records and results will be released only to those authorized by the FTA rules to receive such information. Furthermore should Beaumont Transit System wish to test it's employees for drugs other than the five specified by the FTA, it will perform these tests separately from the FTA test. Such testing is outside the scope of the FTA regulation and is entirely at the discretion of the transit system. R. DRUG TESTING All drug testing will be done through urinalysis. All urine specimens will be collected at a appropriate collection site. A collection site is a place designated by the employer where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. The collection site must meet the Department of Transportation guidelines established in "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (49 CFR part 40) . All drug testing under the FTA regulations must be completed in a laboratory certified by the Department of Health and Human Services (DHHS) . All testing will be conducted consistent with the procedures put forth in 49 CFR part 40, as amended. All test results will be reviewed by a qualified Medical Review Officer (MRO) and for all specimens that test positive, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. Also if an employee has a verified positive drug test they will be advised of the resources available to evaluate and resolve problems associated with drug abuse. Though the company maintains a policy of termination for anyone testing positive they will afford the employee the opportunity to be evaluated by a Substance Abuse Professional (SAP) as mandated by the FTA. L. ALCOHOL TESTING --- The PTA regulation (49 CFR 654 art p ) requires that the employer conduct breath alcohol testing on safety-sensitive employees consistent with the provisions set forth in 49 CPR part 40. The breath specimen must be collected through the use of an evidential breath testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA) . The test must be performed by a breath alcohol technician (BAT) . The BAT must be "trained to proficiency" in the operation of the EBT he or she is using and in the alcohol testing procedures specified in the regulations. The alcohol test will be conducted at a site that 7 provides privacy to the individual being tested. Upon arrival at the site the employee must provide positive identification to the BAT. After the testing procedures are explained to the employee the employee and the BAT must complete,date and sign an alcohol testing form. The BAT will then conduct a screening test. If the result of the screening test is less than .02 no further testing will be required and the test will be reported to the employer as negative. If the alcohol concentration is greater than .02 a confirmation test will be performed. If the initial and confirmatory tests are not identical, the confirmation test result is deemed to be the final result. Policy regarding alcohol concentration, refusal and removal from a safety-sensitive position were discussed in section H. M. TYPES OF TESTING Six types of testing are required by the drug and alcohol rules: 1. Pre-employment 2. Reasonable suspicion 3 . Post-accident 4 . Random 5. Return to duty 6. Follow-up In addition the these six types of testing Beaumont Transit System is also required by the FTA to perform blind sample testing as a quality assurance measure for the testing laboratory. Pre-Employment FTA regulations (G.S. 653 .41, 654. 31) require that all applicants for employment in safety-sensitive positions or individuals being transferred into safety-sensitive positions must be given pre employment drug tests. Employees may not be hired or assigned to the safety-sensitive position unless they pass the tests. Participation in the system's prohibited substance testing program is a requirement of each safety-sensitive employee and, therefore is a condition of employment. Beaumont Transit System will test not only safety-sensitive employees but non- safety-sensitive employees during pre-employment. Any prospective employee who tests positive for drugs/alcohol during pre-employment will not be hired and will not be allowed to apply for a position with the transit system again. Any employee who wishes to transfer into a safety-sensitive position and tests positive is subject to disciplinary action up to and including termination. Reasonable Suspicion The FTA regulations (G.S. 653.43, 654.37) also require a safety-sensitive employee to submit to a test when the employer has 8 reasonable suspicion that the employee has used as prohibited drug or has misused alcohol as defined in the regulations. The request to undergo a reasonable suspicion test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odor of the safety-sensitive employee. Managers who will be called upon to make this determination, must be trained in the facts, circumstances, physical evidence, physical signs and symptoms, or patterns of performance and/or behavior that are associated with use. Managers must be fair and objective in requesting reasonable suspicion tests. Post Accident FTA regulations (G.S. 653.45, 654.33) require testing for prohibited drugs and alcohol in the case of certain mass transit accidents. Post-accident testing falls under two categories fatal and non-fatal accidents. 1. Fatal Accidents Whenever there is a loss of human life, each surviving safety- sensitive employee on duty at the time of the accident must be tested. Safety-sensitive employees not on the vehicle (e.g. maintenance personnel) , whose performance could have contributed to the accident (as determined by the transit agency using the best information available at the time of the accident) must be tested. Beaumont Transit System will reserve the right to test non-safety sensitive employees should they be involved in or contribute to a fatal accident. 2. Non-Fatal Accidents Following non-fatal accidents involving a bus, van, or automobile, employers shall test each safety-sensitive employee on duty in the mass transit vehicle at the time of the accident if the employee received a citation under State or local law for a moving violation arising from the accident. Safety-sensitive employees in non-fatal accidents involving railcars, trolley cars, trolley buses, or vessels on duty in the vehicle at the time of the accident must be tested unless their behavior can be completely discounted as a contributing factor to the accident. For non-fatal accidents, the employer shall test any other safety-sensitive employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the accident. It will be noted that Beaumont Transit System reserves the right to test non-safety-sensitive employees in non-fatal accident situations if they were involved or contributed in some way. Post-accident drug and alcohol tests must be performed as soon as possible. Drug tests must be performed within 32 hours following the accident. Alcohol tests must be performed within 8 9 I hours of the accident. Random Testing The FTA (G.S. 653.47, 654.35) requires random testing of drugs and alcohol for all safety-sensitive employees. Under FTA guidelines transit agencies must use a scientifically valid random number selection method to select safety-sensitive employees. For Beaumont Transit System purposes, we will use a computer based random number generator that is matched with safety-sensitive employees' identification numbers. At least 50% of the total number of safety-sensitive employees subject to drug testing and 25% subject to alcohol testing will be tested each year. The test dates will be spread reasonably throughout the year and the transit system will use precaution not to establish a predictable pattern. The process will be unannounced as well as random. All safety sensitive employees in the random pool will have an equal chance of being selected for testing and shall remain in the pool, even after being tested. All non-safety-sensitive employees that Beaumont Transit System wishes to random test will be placed in a separate pool and tested under the authority of Beaumont Transit System, not the DOT's or the FTA's. Return to Duty Testing Before any employee is allowed to return to duty to perform a safety-sensitive function following a verified positive test result, an alcohol result of . 04 or greater, a refusal to submit to a test, or other activity that violates the regulations, that employee must first be evaluated by a substance abuse professional and pass a return to duty test (G.S. 653.49, 654.39) . The test result must be a verified negative drug test result or an alcohol test result of less than . 02 before the employee will be allowed to return to a safety-sensitive function. Should the situation arise where an individual will be allowed to return to duty after testing positive, Beaumont Transit will strictly follow the FTA's guidelines concerning return to duty testing. Follow-up Testing Once allowed to return to duty, an employee shall be subject to unannounced follow-up testing for at least 12 but not more than 60 months - -The frequency and duration of follow-up testing will be recommended by the substance abuse professional as long as a minimum of six tests are performed during the first 12 months after the employee has returned to duty (G.S. 653.51, 654.41) . Employees that are subject to follow-up testing will remain in the random testing pool and will be tested when their names come up. Should the situation arise Beaumont Transit System will follow FTA guidelines on follow-up testing. 10 Blind Performance Testing In addition to the six major employee testing categories described above, Beaumont Transit System will perform blind sample proficiency testing as a quality assurance measure for the testing laboratory (G.S. 40.31) . Under this FTA requirement, the employer will submit three quality control specimens to the laboratory for every 100 employee specimens sent for testing, up to a maximum of 100 blind samples per quarter. 11 BnOWNT TRRNSIT SYSTEM SAFETY SENSITIVE FUNCTIONS Fixed Route Bus Driver (Full Time or Part time) Shuttle Driver (Either Bus Or Van) Charter Driver (Either Bus Or Van) Mechanics (A & B) Bus Washer/Fueler Service Employees Mechanic's Helpers Any Employee Operating A Handicap Service Vehicle Manager (When Performing a Dispatch Function Or Supervising a Maintenance Function) Assistant Manager (When Performing a Dispatch Function Or Supervising a Maintenance Function) Secretary/Receptionist(when performing a Dispatch Function) Office Manager (when performing a Dispatch Function) Dispatcher Parts Room Clerk (When Performing a Dispatch Function Or Shop Foreman Supervising a Maintenance Function) 12 Any questions regarding this policy or any other aspect of the drug-free and alcohol-free transit program should contact the following transit system representative: PROGRAM MANAGER Name: William J. Munson Title: General Manager Address: 550 Milam Beaumont, Texas 77701 Telephone Number: (409) 835-7895 Fax Number: (409) 892-4069 MEDICAL REVIEW OFFICER Name: Dr. John S. Vardiman Address: Director, Beaumont Industrial Clinic Telephone Number: (409) 835-0074 Fax Number: (409) 832-7034 SUBSTANCE ABUSE PROFESSIONAL Name: Pending Title: Address: Telephone Number: Fax Number: 13 CHANGE 1 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective May 1, 1998,the following changes will be implemented to the Beaumont Transit System's Alcohol and Substance Abuse Program: RECORD SECURITY: All records pertaining to the alcohol and substance abuse testing and training of Beaumont Transit employees will be secured in a locking file cabinet to be located in the General Manager's office. Only the General Manager,Assistant General Manager, and Office Manager will have a key to the filing cabinet. All incoming records will be given to the General Manager by either the Office Manager or Assistant General Manager for review. After reviewing the records and taking any required action,the General Manager will properly file the records in the locking file cabinet. The General Manager will be responsible for the security and retention of all pertinent records. Keys will only be issued out by the General Manager. If for any reason any one of the three individuals having access to the records should leave employment with Beaumont Transit, or move to a job position not having access,the General Manager will collect their key(Assistant General Manager will collect General Manager's key if he should leave), and the lock on the file cabinet will be changed as a precautionary safety measure,with new keys being issued out. RECORD RETENTION: All records pertaining to alcohol and substance abuse testing and training of Beaumont Transit employees will be retained on file for a minimum of five(5)years from the date of occurrence. BLIND PERFORMANCE TESTING: Urine samples will be submitted to the Smith Kline Beecham Laboratories through the Beaumont —11nd stAal-Clinic-for blind pelfY nnarice testing. Three(3)-blind samples will-be-submitted for every 100 employee samples submitted for testing as required by FTA regulations. Urine samples will be obtained by a qualified provider and submitted to Smith Kline Beecham Laboratories through the Beaumont Industrial Clinic using fictional employee names in the normal manner that actual samples are submitted. The results will be reported back to Beaumont Transit through the Beaumont Industrial Clinic. Any wrong readings on a submitted blind sample(i.e. positive on a negative sample or negative on a positive sample)will be reported to FTA immediately as required by FTA regulations. CHANGE 2 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY The Beaumont Industrial Clinic has closed and therefore effective immediately, OccMed Systems,1846 IH 10 South, 77707, (409)840-9910, will be the new clinic used by Beaumont Transit for DOT physicals, drug screens, alcohol screens, and on the job injuries. In addition, Smith Kline Beecham will no longer be used as the testing laboratory, but effective immediately,Kroll Laboratories, 1111 Newton Street, Gretna, LA, 70053, (504)361-8989, will be used as the testing laboratory. The new Medical Review Officer(MRO)will be: Name: Dr. Brian N. Heinen, Jr. Address: 301 Marin Luther King Drive, Eunice, LA 70535 Telephone Number: (337)457-3353 Fax Number: (504)361-8989 CHANGE3 BEAUMONT TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY OccMed Systems has closed and therefore effective immediately, Beaumont West Medical,4471 Calder, Beaumont, Texas, 77706,will the new clinic used for DOT physicals, drug screens, alcohol testing,and on the job injuries. In addition,Kroll Laboratories will no longer be used as the urine sample testing facility, and effective immediately, One Source Toxicolgy, 1213 Genoa Red Bluff Road, Pasadena, Texas, 77504, will be the new testing facility. The new Medical Review Officer(MRO)will be: Dr. James L. Davis,MD,PA Beaumont West Medical 4471 Calder Avenue Beaumont, Texas 77706 (409)866-0856-Office (409)866-0136-Fax BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY CHANGE 4 As a result of the Federal Transit Administration's Office of Safety and Security Drug and Alcohol Compliance Audit,conducted 10/02/06 through 10/06/06,the following changes/revisions are made the Beaumont Municipal Transit System's Drug and Alcohol Testing Policy: 1. A covered BMT employee shall only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions,just before the employee is to perform safety- sensitive functions, or just after the employee has performed such functions. The same applies to reasonable suspicion alcohol testing. 2. When a covered employee or applicant has not performed a safety sensitive function for 90 consecutive calendar days regardless of the reason, and the employee has not been in the Beaumont Transit random selection pool during that time,then BMT will ensure that the employee or applicant takes a pre-employment drug test with a verified negative result. 3. Post-accident testing must meet all the FTA thresholds and drug/alcohol time testing limits as outlined in Part 655.44.All BMT employees are required to make themselves"readily available"for testing after any accident and will remain available until they have been tested, or cleared not to be tested, by management. 4.As soon as possible following an accident involving any BMT vehicle(bus,paratransit vehicle, truck,or automobile)and causing the loss of human life, BMT will immediately drug and alcohol test each covered employee operating the vehicle involved and any other covered employee whose actions could have contributed to the accident. When an accident occurs with a BMT vehicle and there is no loss of human life,then BMT will as soon as possible drug and alcohol test each covered employee operating the involved vehicle,plus any other covered employee whose performance could have contributed to the accident, unless it is determined by management using the best information available at the time of the decision,that the covered operator's or other covered employee's performance can be completely discounted as a contributing_factor to the accident. 5. The consequences for a covered employee who has a verified positive drug test, or a positive alcohol test with an alcohol concentration of.04 or greater, or who refuses to submit to a test under 49 CFR Part 40 Section 655.15, will be immediate removal from his or her safety- sensitive function and evaluation by a substance abuse professional. This statement will serve as clarification that BMT, in general, does have a second chance policy for covered employees who test positive for drugs and/or alcohol. However, each individual situation will be evaluated on it's own merits,and BMT reserves the right to terminate any covered employee who tests positive for drugs and/or alcohol the first time without offering a second chance. If a second chance is offered, then the covered employee who tested positive for either drugs and/or alcohol,will be immediately removed from their safety-sensitive function, evaluated by a substance abuse professional, and the procedures outlined in 49 CFR Part 40 will be followed. 6. All references to 49 CFR Parts 653 and 654 will be disregarded. All drug and alcohol testing will be conducted under 49 CFR Part 655. BMT shall require every covered employee to submit to a post-accident drug and alcohol test required under Section 655.44,a random drug and alcohol test required under Section 655.45, a reasonable suspicion drug and alcohol test required under Section 655.43, or a follow-up drug and alcohol test required under Section 655.47. BMT will not permit any covered employee who refuses to submit to any of the above listed testing to perform or continue to perform safety-sensitive functions. 7. It shall be the policy of BMT that any covered employee who produces a diluted negative urine specimen will be required to take another test immediately under non-observed conditions, unless there is another basis for the use of direct observation as listed under Section 40.67. This retest policy will apply to all types of testing and to all covered employees. When notified for a retest, each covered employee will be given the minimum possible advance notice that he or she is to report to the collection site. The result of the second test, not that of the original test,will become the test of record. 8. Under BMT's policy, it is considered a refusal to take a drug and/or alcohol test if the employee fails to remain at the drug testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences for a pre- employment test is not deemed to have refused to test. 9. Under BMT's policy, it is considered a refusal to take a drug and/or alcohol test if the employee fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under Section 40.193(d). In the case of a pre-employment test,the employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment. 10. Under BMT policy, it is considered a refusal to take a drug and/or alcohol test if the employee fails to cooperate with any part of the testing process(e.g. refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process, etc.). 11. It is considered a refusal to take a drug test if in the case of a directly observed or monitored collection, the employee fails to permit himself or herself to be directly observed or monitored during the collection of the specimen. 12. It is considered a refusal to take a drug test if the employee fails or declines to take a second test when directed to do so by the employer or collector. 13. It is considered a refusal to take a drug test of the MRO reports that the employee has a verified adulterated or substituted test result. 14. It is considered a refusal if the employee fails or declines to sign the certification at Step 2 of the ATF as outlined in Sections 40.241(g)and 40.251(d). 15. If a non-DOT drug and/or alcohol test is refused to be taken by an employee, or a non- DOT form is refused to be signed,then under this policy you have not refused a DOT test and there are no consequences under DOT agency regulations. However,this does not exempt employees from consequences under other employer policies. CHANGES BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately, Beaumont Transit's Substance Abuse Professional(SAP)will be: Madeline Alford,LPC, LCDC Regents Park 85 IH-10 North,Suite 100A Beaumont,Texas 77707 Phone: (409)839-8233 FAX: (409)839-4489 CHANGE 6 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately, Beaumont West Medical has changed their name to XPRESS CARE. CHANGE 7 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Express Care has changed their name to Nova Medical Center and has moved to the new address of 3817 Stagg Drive, Beaumont,TX 77701. In addition,the Medical Review Officer (MRO) is now Dr.Wayne Keller, M.D.,.1209 Genoa Red Bluff Road,Suite A, Pasadena,TX 77504. CHANGE 8 BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY Effective immediately,all behaviors listed in 49 CFR, Part 40,as amended,as constituting a refusal to take a required drug and/or alcohol test by a safety sensitive employee,shall be considered a part of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy.Any employee exhibiting any of the above listed behaviors shall be charged with a refusal to take a required drug and/or alcohol test. FORMS BEAUMONT MUNICIPAL TRANSIT SYSTEM ALCOHOL AND SUBSTANCE ABUSE POLICY A. Acknowledgement of Employer's Drug and Alcohol Testing Program B. Prospective Employee Release of Information Form C. Occupational Testing Authorization Form D. Reasonable Suspicion Decision Documentation Form E. Post Accident Decision Documentation Form APPENDIX A Beaumont Municipal Transit System Acknowledgment of Employer's Drug and Alcohol Testing Program L the undersigned,hereby acknowledge that I have received a copy of the Beaumont Municipal Transit System's Alcohol and Substance Abuse Policy as mandated by the United States Department of Transportation and Federal Transit Administration for all covered employees who perform a safety-sensitive function.I understand this policy is required by 49 CFR Part 655,as amended,and has been duly adopted by the City of Beaumont for the Beaumont Municipal Transit System.Any provisions contained herein which are not required by 49 CFR Part 655 or 49 CFR Part 40,as amended,that have been imposed solely on the authority of the employer are designated as such in the policy document. I further understand that receipt of this policy constitutes a legal notification of the contents, and that it is my responsibility to become familiar with and adhere to all provisions contained therein. I will seek and get clarifications for any questions from the employer designated contact person or persons.I also understand that compliance with all provisions contained in the policy is a condition of my employment. I further understand that the information contained in the approved policy dated is subject to change,and that any such changes,or addendum,shall be give to me in a manner consistent with the provision of 49 CFR Part 655,as amended. Signature of Employee Date — - Signature of Witness Date APPENDIX B Beaumont Municipal Transit System Release of Information Form (49 CFR Part 40 Drug and Alcohol Testing) Section I.To be completed by the new employer,signed by the employee,and transmitted to the previous employer: Employee Printed or Typed Name: Employee SS or ID Number: 1 hereby authorize release of information from my Department of Transportation regulated drug and alcohol testing records by my previous employer,listed in Section I-B,to the employer listed in Section I-A. This release is in accordance with DOT Regulation 49 CFR Part 40,Section 40.25. I understand that information to be released in Section II-A by my previous employer, is limited to the following DOT-regulated testing items: 1. Alcohol tests with a result of 0.04 or higher, 2. Verified positive drug tests; 3. Refusals to be tested; 4. Other violations of DOT agency drug and alcohol testing regulations; 5. Information obtained from previous employers of a drug and alcohol rule violation; 6. Documentation,if any,of completion of the return-to-duty process following a rule violation. Employee Signature: Date: I-A. New Employer Name: Address: Phone#: Fax#: Designated Employer Representative: I-B Previous Employer Name: Address: Phone#: Designated Employer Representative(if known): ' Section II.To be completed by the previous.employer and transmitted by mail or fax to the new employer: II-A. In the two years prior to the date of the employee's signature(in Section 1),for DOT-regulated testing-r 1.Did the employee have alcohol tests with a result of 0.04 or higher? YES NO 2.Did the employee have verified positive drug tests? YES NO 3.Did the employee refuse to be tested? YES NO 4.Did the employee have other violations of DOT agency drug and alcohol testing regulations? YES NO 5.Did a previous employer report a drug and alcohol rule violation to you? YES NO 6.If you answered"yes"to any of the above items,did the employee complete the return-to-duty process? NIA YES NO NOTE: Ifyou answered"yes"to item 5,you must provide the previous employer's report. Ifyou answered`yes"to item 6,you must also transmit the appropriate return-to-duty documentation(e g., SAP report(s),follow-up testing record. II-B. Name of person providing information in Section 11-A: Title: Phone#: Date: Address Which To Return Completed Form! Beaumont Transit Contacts: Beaumont Municipal Transit System Office (409)835-7895 Attn: William J. Munson,General Manager FAX (409)835-7895 550 Milam Street E-mail bmunson @beaumonttramit.com Beaumont,Texas 77701 APPENDIX C Fran:XPFESS CARE 11/0112011 02:13 8878 P.001/001 OVA . MEDICAL CENTERS • - FOR THE F911M MAMO9 GF LIFE Employer's Authorization for Examination and/or Treatment (Must Present Photo ID at Time of Service) Patient Name: SSN: Company Date of Birth: Company Address: Date of Order_ Company Contact: Co. Phone: . Billing: Drug Testing Only: Employee To Pay At Ttme of Service Random Testing Reasonable Suspicion Employer(See Address Above) Urine Dnyg Test: —DOT _Non-DOT Workers.Compensation _ Rapid Urine Drug Check 'Ins.icy Breath Alcohol Test Policy#: — - Phone#: - — Hair Analysis Claim#: Work Related: . Injury Illness Pre-Employment Services: . — Urine.Drug Test DOT —Non-DOT Date of Injury: — Rapid Urine Drug Check' Rapid Urine Drug Test Breath Alcohol Test. (not recommended for injuries) _ Hair Analysis Post Accident Drug Test:_DOT _Non-DOT _ Physicals: DOT_DOT Re-Cent. Basic T Post Accident Breath-Alcohcil Test. _ Physical Performance Evaluation Post A©cident Hair Analysis LIGHT DUTY IS AVAILABLE (Please Provide Job Description) _ Respirator Fit Testing: Return to Work Evaluation: Qualitative .fob Title: _Quantitative: Mask Type: (Please Provide Job Description — Pulmonary Function Test(PFD OccupsWal Injury. —Audlogram: DOT OSHA Conservation Mon-Occupational Injury — Blood Testing: Special CBC SMAC — — Instructions: _ Heavy Metal: (specify) —TB Skin Test —X-rays: Chest 13-Read —Vision Testing: - Wall Chart J-2 _Color Authartmd.By.(Pdnt): - T'rtie: Signature: Date: APPENDIX D Beaumont Municipal Transit System Reasonable Suspicion Drug and Alcohol Test Decision Documentation Form 1. Name of Employee 2. Employee Number/Position 3. Decision to Test* FTA Authority —Yes No Company Authority —Yes _No 4. Time/Date of Decision to Test 5. Type of Test _Drug _Alcohol 6. Did the Alcohol Test Occur More Than 2 Hours Following the Observations That Led to Performing the Test? —Yes _No If Yes, Explain 7. If No Alcohol Test Occurred Because of More Than 8 Hours Elapsing Following Observations That Led to the Decision to Test, Explain 8. Supervisor Making Decision 9. Notification of Test Time/Date 10. Test Conducted Drug: Time/Date Alcohol Time/Date 11. Was the Decision to Drug and/or Alcohol Test Based on Specific, Contemporaneous, Articulable Observations Concerning the Appearance,Behavior, Speech,or Body Odor of the Safety-Sensitive Employee?Explain 12. Were There Any Specific Incidents or Complaints by Co-Workers or Passengers During the Workday Which Raised Suspicion, and Were These Incidents or Complaints Fully Investigated by the Supervisor? Explain 13. If the Employee Indicated Recent Use of Prescription or Over-the-Counter Medications, Then Please Complete a Confidential Medical Report. 14. Other Comments 15. Supervisor Signature Date *Note: The decision to test under reasonable suspicion should be able to pass the"reasonable prudent individual"test, which simply means a similarly and experienced supervisor,being reasonable and prudent, and having observed and noted the same facts, signs, and circumstances, could have reached the same conclusion. Hunches and"gut feelings"are not valid in determination. A reasonable suspicion referral must be based upon a trained supervisor's specific, contemporaneous, articulable observations concerning the appearance,behavior, speech, and/or body odor of the covered employee. APPENDIX E Beaumont Municipal Transit System Post-Accident Drug and Alcohol Test Decision Documentation Form 1. Accident Report Number 2. Location of Accident 3. Accident Time/Date 4. Report Time/Date 5. Name of Employee 6. Employee Number/Position 7. Result of Accident _Fatality _Disabling Damage* to One or More Vehicles (Bus,Van,Paratransit,Truck,Auto ) _Remove From Revenue Service(Rail Only) _Injury Requiring Immediate Transport to Medical Facility —Employee _Other Vehicle _Passenger —Other, Specify 8. Was the Employee Sent for a Post-Accident Test? _Yes No 9. If No,Explain 10. Decision to Test FTA Authority —Yes _No Company Authority _Yes _No 11. Type of Test _Drug —Alcohol 12. Supervisor Making Decision 13. Notification of Test Time/Date 14. Test Conducted Drug: Time/Date Alcohol: Time/Date 15. Did the Alcohol Test Occur More Than 2 Hours From the Time of the Accident? _Yes _No If Yes, Explain 16. If No Alcohol Test Occurred Because of More Than 8 Hours Elapsing From Time of Accident, Explain 17. Did the Employee Leave the Scene of the Accident Without Just Cause? Yes _No If yes, Explain 18. If No Drug Test Was Performed Because 32 Hours Had Elapsed Since the Time of the Accident,Explain 19. If the Employee Indicated Recent Use of Prescription or Over-the-Counter Medications, Then Please Complete a Confidential Medical Report. 20. Other Comments 21. Supervisor Signature Date * Note: Disabling damage means damage,which precludes departure of any vehicle form the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated,but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts,tire disablement,without damage even if no spare is available, or damage to headlights,taillights,turn signals,horn, mirrors, or windshield wipers that makes them inoperative. D RICH WITH OPPORTUNITY [IEAUMON* T • E • x • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager DD�� PREPARED BY: Lillie Babino, Human Resources Directorp�./�'- MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider a resolution approving the reappointment of Dewey J. Gonsoulin to the Civil Service Commission. BACKGROUND The Civil Service Commission consists of three members appointed by the City Manager. In accordance with Local Government Code §143.006,a Commission member can be reappointed by the City Manager for more than a third consecutive term upon confirmation by a two-thirds majority of the municipality's governing body. Mr. Gonsoulin has served three consecutive terms. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Dewey J. Gonsoulin is reappointed to the Civil Service Commission. The term will commence November 6, 2012 and expire November 6, 2015. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - E RICH WITH OPPORTUNITY BEA,UMON* T • E X • A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Claudie D. Hawkins, Event Facilities & Libraries Director MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider authorizing the City Manager to accept grant funding through the Mamie McFaddin-Ward Heritage Foundation. BACKGROUND The Foundation's primary purpose is to support the McFaddin-Ward House Museum, located in Beaumont. The Foundation also provides funding to non-profit organizations in the local community typically within the following areas: (1) arts, culture, and humanities, (2) historic preservation (3) education, (4) health and (5) services for the needy and disadvantaged. Grant funding is available in the amount of$9,900.00 to purchase three AWE Early Learning Literacy Stations which will be located at the Willard Branch, Johns Branch & Downtown Branch. The Miller Branch already has two of the stations which were installed as a part of the renovation. FUNDING SOURCE Mamie McFaddin-Ward Heritage Foundation. No match requirement. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to receive funding in the amount of$9,900 through the Mamie McFaddin-Ward Heritage Foundation. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Mamie McFaddin-Ward Heritage Foundation in the amount of$9,900. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - RICH WITS OPPOutaxltT • BEAUMON* T * Z * X * A * S MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION COUNCIL CHAMBERS NOVEMBER 6,2012 1:30 P.M. AGENDA CALL TO ORDER * Roll Call GENERAL BUSINESS 1. The election of officers and designation of registered agent • Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. MCWMI OPPORTUNtTY INTER-OFFICE MEMORANDUM UEAUMON* City of Beaumont, Texas Finance Department Date: October 31, 2012 To: Kyle Hayes, City Manager From: Laura Clark, Chief Financial Officer Subject: Beaumont Housing Finance Corporation Board of Directors COMMENTS The City Council for the City of Beaumont sits as the Board of Directors for various nonprofit corporations organized by the City of Beaumont. These boards include the: Beaumont Housing Finance Corporation Beaumont Multi-Family Housing Finance Corporation Beaumont Health Facilities Development Corporation Beaumont Industrial Development Corporation Every four (4) years, the Office of the Secretary of State requires a periodic report be completed for each corporation. We have just completed the filing of the reports for all corporations except Beaumont Housing Finance Corporation. The boards for the three we completed were updated in August of 2007 following the May 2007 election. The Beaumont Housing Finance Corporation was not included and therefore has a board of directors of individuals no longer on City Council. As you will recall, the Texas Nonprofit Corporations Act requires that at least a President and Secretary be designated. In the past, the Mayor has been elected President, a council member as Secretary and the City Manager as the registered agent. This memo is to request that City Council convene a meeting of the Beaumont Housing Finance Corporation in order to elect officers and designate a registered agent so that the periodic report can be filed with the Secretary of State. Sth■ WITS OPPORTUNITY AL a BEAUmON* T 0 Z 4 X A + 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 6,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2012 (Fiscal Year 2013) PUBLIC HEARING * Receive comments related to a proposal to add a new bus route as a part of the Beaumont Municipal Transit system * Receive comments related to a proposal to increase the adult fare as a part of the Beaumont Municipal Transit system 2. Consider an ordinance repealing Article 20.07 of the Code of Ordinances and adopting a new Article 20.07 increasing the adult fare for the Beaumont Municipal Transit system COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 November 6,2012 Consider a resolution accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2012 (Fiscal Year 2013) RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer/ MEETING DATE: November 6, 2012 REQUESTED ACTION: Council consider a resolution accepting the Certified Roll Jurisdiction Summary of the tax roll for the tax year 2012 (Fiscal Year 2013). BACKGROUND Pursuant to the Texas Property Tax Code, Section 26.09, this recap must be approved by the City Council. On September 25, 2012, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,906,373,448. There is no change in the taxable value of the Certified Roll Jurisdiction Summary. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. too'Z9 S'1wIV4 Imn MOIL 'IY= 0 1 AIL 00'0 I LM mism 00'0 tAAS7 IQXOVM O SRHYfIrS I919IMd 0 -BiISMiCtl Mlsm t0't£L -LMY t7llStt!'I L tz} "Uri Lt'OLO'LOL`►1 IAMM 'IVA" 00'0 ZUM AA97 0 84.'m Now" SWELE'906'9 -*saTA >t2Al4M 9EL'f69'69[ tom AM Ti= 6LL'9t5'S -SYIY NYM8J8A b65 J8A ZYSOiL 69Z'tt£'BL -AM G1i'2molu 964'1 tdffiYtillSlG d0 S 099'tEt tANi10Mi SL tiSGOdS MIAIAMS OTO'6L5'SET -mv 69 !'SAO L59'L 5968A0 71t00'I 0 -ANY 59 n" LS914 99vw 0 -JM aw"Slom 0 MUM" 7001 0 t im cimsxmm O avz&amum SLKLS 9:T'LtL'9L0'L '-272ML SSOM] Ott'L0L'►t :WI14NM TM =A f T -*= 1MK $'m =A OLS16L0't t7VA VW Nils WD ZU L ivw NSd, dw x" Ott'09t't *RflmA 73110 BIN t -AND 'Ilbhl"TH OSS'LL619 . -xm" mijA of f -Ji7 910IJA'Ar d OOf'S ET -ZHOOMW auveK T t 679rmd Guvw 0£6'6901 IAA GRAM IN 06► I= CUM SN Odt'i5£'££ -NOt611'L I HK 9£L t92tivadOild ev 009'4t lcm to ot5'O►6'Lt5 tSAPMA JAMM OOS'LT IS90 Sd0 0 1690 OXUS 0t9't tt476mve SAMM 0000010 Imm 140 0 INON Uns 0091fL916S914 Ie'[1'7m N 0000t9'00tflLin XV.1 6"'S9 =S'i9:}YY8 7YSOA A190191m J0 ALID TZ00 -NOISOIOI;I�I' LTOL ,nn ZU VQA MU$SSJOW A v H N N A S m o r .L J I C S I a n D 7 1 0 8 da l d i l az a tOSab Et -ff"d W"Sas N0=2T700 Xvz SLEWt -S Sti68S Oftb£-TO LLOL/tt/Oi RESOLUTION NO. WHEREAS, on September 25, 2012, City Council, by Ordinance No. 12-069, approved the tax roll as certified by the Jefferson County Tax Appraisal District with a taxable value of$6,906,373,448; and, WHEREAS, it has been determined and the Council so finds there is no change in the taxable value of the Grand Recap; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the City Council, pursuant to the Texas Property Tax Code, Section 26.09, hereby approves the Grand Recap of the appraisal roll for the tax year 2012(FY 2013)with a taxable value of$6,906,373,448, which shall constitute the City's tax roll. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames - PUBLIC HEARING � Receive comments related to a proposal to add a new bus route as a part of the Beaumont Municipal Transit system RICH WITH OPPORTUNITY BEAUMON T • 8 • X - A - S City Council Public Hearing TO: City Council FROM: Kyle Hayes,City Manager C)13 PREPARED BY: Chris Boone,Community Development Director MEETING DATE: November 6, 2012 REQUESTED ACTION: Council conduct a public hearing to take public comment on changes to Beaumont Municipal Transit's fixed bus routes. BACKGROUND On October 30,2012, City Council conducted a Work Session to discuss solutions to the ongoing concerns related to the lack of fixed transit access to the new Social Security Office at 8455 Dishman Road. As discussed in the Work Session,because the new Social Security Office was located away from a fixed bus route, some citizens are having difficulties reaching the building and are continuing to make requests that this be remedied. To achieve this,the plan is to create a new route that would travel west on College, north on Dowlen, west on Phelan, north on Major, east on Folsom, south on Dowlen and back east on College to Dannenbaum Station. A map is attached. In order to establish this new route without increasing costs,one of the three buses from the weekday Magnolia-Refinery route would be used. As there are only two buses used on the Magnolia-Refinery route on Saturdays, the new route would be covered by eliminating the "Saturday Parkdale Tripper"bus, which provided extra service to the mall on Saturdays, but has low ridership. Following this hearing, we will work to make the riding public aware of these changes through press releases as well as notifications on buses,along affected routes and at Dannenbaum Station. The changes would be implemented January 1,2013. FUNDING SOURCE No additional funding will be required. RECOMMENDATION The Administration recommends these changes and requests that the City Council conduct a Public Hearing to take citizen comments. 1 ROUTE LEGEND � Route 1: Magnolia ROUTES Route 2: Parkdale N Route 3: Calder Route 4: South Eleventh 12 I Route 5: Pine Route 6: Refinery Route 7: South Park Route 8: College Route 9: laurel 1 MAGNOLIA �'� SYMBOLS • -► Direction of Travel MANIA r ...,/ ee.• Route Deviation Medical Facility 27 ��",'�% r``\ • Time Point SNt06 \ 1 Tem=n Schools 2 PARKDALE R a B v PARKDALE MALL > Badi `U 3 asN 5 Curtis MW � 6 DM� tAS E Fe hl F. PINE FOLSOM } � 90 Fletcher 'A 1, French o irrar•aw "u 1 j 12 Homer _ -► -► 8 WANT • 14 Martin ©® �' u o • DEUwA� �' 17 9aelt Rice } DanwvaE � 19 StAMhorp+dl oeuw�wE Middle Schools 18 20 Austin C3 •f/+ 21 IG 22 23 Odom Marshal 9 LA EL �' �// 24 smith ' < 25 South Park aFwrwr r 26 Vincent Schools OtADYS y 27�hCathedral y ASHLEY 28 Central 29 ICelty Qs 3 CALDER + + �; 3°30 mob r } . Education Centers 32 Brown Ahem. 33 Pathways AlterrL DAISY PHELAN t� 34 Southedand h ® V.A. SOUTH ""�SEAU ONTTRAN&TSYMNIS OFFICE a E8 CLINIC: } kW� 560 MILAN D W Ix+ PADt�D aKIEwAY ® R CENTS } 9 WEST END COLLEGE � 111A6O 40 'A, MILAM } I MOBIL REF NERY © }CORLEY AMd90N 4- �6 REFINERY _ m • H EUCLID \ JAMES STADIUM \ MEOW 11LAIMM -I.- x p e oa.,to.n ,' • ,-a ,� -�° f } -.0.-LAMMIT vERSm� \ SAPAN • QA \ .VagINA Q ,r r, 7 SOUT ARK ' I 8 COLLEGE —_ ---I I— GttVLMR6 I N,,�O PUBLIC HEARING * Receive comments related to a proposal to increase the adult fare as apart of the Beaumont Municipal Transit system 2 November 6,2012 Consider an ordinance repealing Article 20.07 of the Code of Ordinances and adopting a new Article 20.07 increasing the adult fare for the Beaumont Municipal Transit system RICH WITS OPPORTUNITT REAUMOK* T • B • z • A • a City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: November 6, 2012 REQUESTED ACTION: Council conduct a Public Hearing and approve the repeal of Article 20.07 of the Code of Ordinances and adoption of a new Article 20.07, increasing the adult fare for the Beaumont Municipal Transit system. BACKGROUND Currently the Beaumont Municipal Transit (BMT) system is managed by a private company, through a Management Agreement with Beaumont Transit Company of Jacksonville, Florida. Receiving funding and oversight from the Federal Transit Administration (FTA), BMT was recently informed that the fare structure would need to be changed in order to be in compliance with all regulations and requirements. Specifically, regulations require that senior citizens, persons with disabilities and Medicare card holders are to be charged no more than one-half the peak hour fare during off-peak hours. While Beaumont's fare structure does not adjust fares during off-peak times,the issue still exists in that our reduced fare is seventy-five cents,while our full fare is $1.25. As such, in an effort to comply with this requirement, we are proposing to increase the regular adult fare from $1.25 to $1.50. The regular adult fare has not increased since 2003. No increases to daily, weekly or monthly rates are proposed. As a result, the daily, weekly and monthly rates become an even more attractive option to our customers. Attached is the proposed Article 20.07 that controls fares. BUDGETARYIMPACT Additional revenue of approximately$40,000 is projected for the Municipal Transit Fund. RECOMMENDATION Approval of the ordinance. ARTICLE 20.07 PUBLIC TRANSIT Sec. 20.07.001 Definitions Adult. A person 19 years of age or older. Child. A person under 6 years of age. Disabled. A disabled person registered with the Beaumont Municipal Transit System who has been issued a Transit Identification Card indicating same,based on certification by a government agency or physician, or otherwise presenting a Medicare Card. Seniors. A person 65 years of age or older. Special Transit Services STS). Transit services for persons disabled by medical conditions that make the use of regular transit services ineffective,who are registered with the Beaumont Municipal Transit System and have been issued a Transit Identification Card indicating same based on physician-provided proof of disability as defined under the Americans with Disabilities Act of 1990. Youth. A person between the ages of 6 and 18 years of age. Sec. 20.07.002 Administration The director responsible for the Beaumont Municipal Transit System will develop the forms, procedures, and guidelines needed to issue identification cards and implement the provisions of, this article. Sec.20.07.003 Schedule of fares (a)Regular fixed route fares (1)Adult fares: $1.50, day pass: $3,weekly pass: $12,monthly pass: $40. (2) Seniors, Disabled, and Youth fares: $0.75, day pass: $2.25,weekly pass: $9, monthly pass: $30. (3) Child fares: free. A child must be accompanied by a fare-paying passenger. (4) Transfers: $0.25. (5) If requested by the driver,proof of eligibility for other that an adult fare must be presented upon boarding. Page 1 of 2 (b) Special Transit Service(STS) fares (1) STS Identification Card Holder fares: $2.50;monthly pass: $80. (2)Medical attendant accompanying STS passenger: free. (3) Companion accompanying STS passenger: $2.50. (4)Proof of eligibility must be presented upon request when purchasing a pass card. (5) Additional companions may be allowed subject to available space at the companion rate. (b) Contracted service provided to social service agencies shall be priced based on the cost of such service. Page 2 of 2 MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2012 Esdmmbd Budget FY 2011 (As Amended) FY 2012 FY 2013 REVENUES Service ctwges S 593,517 $ 550,000 >: 527,200 $ 530,000 intergovernmental revwum 2,696,878 2,178,500 2,371,600 2,142,200 Other 22,143 400 40D 40D Transfers in 1,95DOOD 2,450,000 2,45D,000 2,125,000 TOTAL REVENUES 5,262,538 5,178,90D 5,349,200 4,797,600 EXPENDITURES Opera ft Shies 132,713 180,000 145,000 145,000 Contract services 4,599,924 5,178,30D 4,993,3DD 4,960,000 Capital outlay 544,322 - 220,000 - TOTAL EXPENDITURES 5,276,95,9 5,356,300 5,358,300 5,105,000 EXCESS(DEFICfn REVENUES OVER EXPENDITURES (14,421) (179,400) (9,100) (3(Y7,400) BEGINNING FUND BALANCE 362,471 704,472 348,050 338,950 Unreserved 348,050 525,072 338,95D 31,550 LADING FUND BALANCE $ 348,050 S 525,072 $ 338,950 $ 31,550 139 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, BY REPEALING EXISTING ARTICLE 20.07 AND ADOPTING NEW ARTICLE 20.07 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20, existing Article 20.07 of the Code of Ordinances be and the same is hereby repealed and a new Article 20.07 is adopted to read as follows: ARTICLE 20.07 PUBLIC TRANSIT Sec. 20.07.001 Definitions Adult. A person 19 years of age or older. Child. A person under 6 years of age. Disabled. A disabled person registered with the Beaumont Municipal Transit System who has been issued a Transit Identification Card indicating same, based on certification by a government agency or physician, or otherwise presenting a Medicare Card. Seniors. A person 65 years of age or older. Special Transit Services(STS).Transit services for persons disabled by medical conditions that make the use of regular transit services ineffective, who are registered with the Beaumont Municipal Transit System and have been issued a Transit Identification Card indicating same based on physician-provided proof of disability as defined under the Americans with Disabilities Act of 1990. Youth. A person between the ages of 6 and 18 years of age. Sec. 20.07.002 Administration The director responsible for the Beaumont Municipal Transit System will develop the forms, procedures, and guidelines needed to issue identification cards and implement the provisions of this article. Sec. 20.07.003 Schedule of fares (a) Regular fixed route fares (1) Adult fares: $1.50, day pass: $3, weekly pass: $12, monthly pass: $40. (2) Seniors, Disabled, and Youth fares: $0.75, day pass: $2.25, weekly pass: $9, monthly pass: $30. (3) Child fares: free. A child must be accompanied by a fare-paying passenger. (4) Transfers: $0.25. (5) If requested by the driver, proof of eligibility for other that an adult fare must be presented upon boarding. (b) Special Transit Service (STS) fares (1) STS Identification Card Holder fares: $2.50; monthly pass: $80. (2) Medical attendant accompanying STS passenger: free. (3) Companion accompanying STS passenger: $2.50. (4)Proof of eligibility must be presented upon request when purchasing a pass card. (5) Additional companions may be allowed subject to available space at the companion rate. (6)Contracted service provided to social service agencies shall be priced based on the cost of such service. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2012. - Mayor Becky Ames -