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HomeMy WebLinkAboutMIN NOV 01 2016BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III November 1, 2016 Robin Mouton, Mayor Pro Tem Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 1, 2016, 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 Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation and led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Catholic Charities of Southeast Texas Harvest of Hope Day" - November 10, 2016 - Proclamation read by Mayor Ames; accepted by Carol Fernandez with Catholic Charities and Pat and Tommy Frank, Honorees of Catholic Charities event on November 10, 2016 Public Comment: Persons may speak on Consent Agenda. None CONSENT AGENDA * Approval of minutes — October 25, 2016 * Confirmation of committee appointments - None A) Authorize the City Manager to execute all documents necessary to accept funding from the Texas Department of State Health Services for the Beaumont Public Health Department— Resolution 16 - 213 Minutes — November 1, 2016 B) Authorize the City Manager to execute Change Order No. 2 for the Exterior Facade, Masonry, Roof Repairs and Restoration on the Tyrrell Historical Library located at 695 Pearl Street - Resolution 16 - 214 C) Authorize the City Manager to apply for a Texas Historical Commission Certified Local Government Grant - Resolution 16 - 215 D) Authorize the execution of a License to Encroach Agreement with ICE Development Systems, Inc. located adjacent to 3050 Ethan Symone Street and 3055 Yasmine Dior Street situated in the Emerson Enclave Addition - Resolution 16 - 216 E) Authorize the granting of two Pipeline Agreements with Air Liquide Large Industries U.S. LP - Resolution 16 - 217 F) Authorize the granting of a Pipeline Agreement with Phillips 66 Pipeline, LLC - Resolution 16-218 Councilmember Getz moved to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORK SESSION * Review and discuss the adoption of the 2015 International Codes and the 2014 National Electrical Code Chris Boone, Community Development Director, reviewed and discussed the adoption of the 2015 International Codes and the 2014 National Electrical Code. There was discussion in regards to the International Code Council minimum safety standards for construction, which references when the code was established, which was in 1994 and that as a non-profit organization that is dedicated to developing a single set of comprehensive and coordinated national model construction codes and the I -Codes that are used in all 50 states and Washington D.C. The goal of the code is to construct safe, sustainable, affordable and resilient structures. The local exceptions included with ordinance adoption to allow for local conditions. The City of Beaumont Code adoption was discussed further stating that the city would need to adopt the current [-Codes along with amendments to the city's Code of Ordinances every other code cycle. Demonstrate Beaumont's commitment to implementing up-to-date standards for construction methods and materials. Adopting the latest I -Codes allows Beaumont to maintain a high rating for insurance risk as established by the industry. Mr. Boone stated that Beaumont is well-known throughout the Southeast Texas region as a leader in adopting, implementing and enforcing construction codes. The Stakeholders were discussed as well as the Insurance Service Office (ISO), International Code for Consideration and access to the international codes. Minutes — November 1. 2016 There were (7) seven other 2015 codes mentioned, the International Residential Code, Mechanical Code, Fuel Gas Code, Existing Building Code and Fire Code. Mr. Boone, went on to discuss the 2014 National Electrical Code. This code regulates the minimum requirements for the design, construction, alteration, repair and maintenance of electrical systems in residential and commercial construction. There was discussion in regards to the 2015 International Property Maintenance Code which provides municipalities with a model code for the maintenance of existing buildings and properties in their jurisdictions, protection from the elements, life safety, fire hazards and safe and sanitary maintenance. Mr. Boone also discussed the 2014 ICC -600 Standard for Residential Construction in High Wind Regions, the 2015 International Energy Conservation Code, which became mandatory for all municipalities with the passage of Texas House Bill 1736, and the 2015 State of Texas Energy Codes and the critical path towards code adoption. COMMENTS * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GUIDROZ - COMPLIMENTED ALL OF THE PEOPLE WITH CATHOLIC CHARITIES WHICH IS ONE OF HIS FAVORITES AS WELL AS THE HARVEST OF HOPE, STATED THAT VETERANS DAY WILL BE ON NOVEMBER 11, 2016, ANNOUNCED THAT THE CITY WILL BE HONORED WITH A GUEST SPEAKER BOB "MR. INSPIRATION" WIELAND WHO IS A VIETNAM VETERAN, HE WILL BE SPEAKING AT THE TENNIS CENTER, THE COST OF THE TICKETS WILL $25.00 FOR INDIVIDUALS AND $30.00 FOR COUPLES COUNCILMEMBER GETZ - STATED THAT ON LAST WEEK THE MAJORITY OF THE CITY COUNCIL DECIDED TO GIVE THE CITY ATTORNEY A 24% INCREASE, WITH THIS INCREASE HIS SALARY WENT FROM $153,000 TO $190,000, SINCE THAT TIME HE HAS BEEN IN CONTACT WITH SCORES OF CONSTITUENTS WHO HAVE REGISTERED THEIR DISAPPROVAL WITH THE ACTION OF COUNCIL, STATED THAT HE VOTED HIS DISAPPROVAL OF THE ACTION LAST WEEK, DURING THE PAST 12 MONTHS THE CITY HAS SPENT $253,000 ON OUTSIDE LAWYERS TO LITIGATE CASES IN WHICH MR. COOPER DID NOT FEEL COMFORTABLE HANDLING, IN ADDITION TO THE PREVIOUS AMOUNT DURING THE PAST YEAR THE CITY WILL HAVE SPENT OVER $1 MILLION DOLLARS ON OUR CITY'S LEGAL DEPARTMENT, BASICALLY THE CITY HAS AN IN-HOUSE LAW FIRM THAT EMPLOYEES (4) FOUR ATTORNEYS AND CLERICAL STAFF, STATED THAT THE CITY OF RICHARDSON, TEXAS, WHICH IS CLOSE TO THE SIZE OF BEAUMONT, HAS ALL OF ITS LEGAL WORK PERFORMED BY A LOCAL LAW FIRM INSTEAD OF HAVING AN IN-HOUSE LEGAL DEPARTMENT, INSTEAD OF SPENDING $1.3 MILLION ON LEGAL SERVICES LAST YEAR RICHARDSON ONLY SPENT $600,000, STATED THAT MAYBE IT WOULD BE MORE ECONOMICALLY FEASIBLE FOR THE CITY TO UTILIZE A LOCAL Minutes — November 1, 2016 LAW FIRM, STATED THAT HE HAS SPOKEN TO ONE OF THE PARTNERS AT A MAJOR LAW FIRM HERE IN BEAUMONT WHO EXPRESSED CONFIDENCE THAT THEY COULD HANDLE THE LEGAL WORK FOR THE CITY FOR A LOT LESS THAN $1.3 MILLION DOLLARS, WITH THAT IN MIND HE PROPOSED THAT THE COUNCIL ELIMINATE THE OFFICE OF CITY ATTORNEY AND THE IN-HOUSE LAW FIRM THAT THE CITY OF BEAUMONT CURRENTLY SUPPORTS, TO DO THAT WOULD REQUIRE A CHANGE IN THE CITY CHARTER WHICH CURRENTLY MANDATES THAT THE CITY COUNCIL HIRE A CITY ATTORNEY, A CHANGE IN THE CITY CHARTER CAN ONLY BE ACCOMPLISHED BY THE CITIZENS OF BEAUMONT IN AN ELECTION, THERE ARE TWO WAYS TO GET THIS BEFORE VOTERS, ONE IS FOR THE CITY COUNCIL TO VOTE TO PUT THIS ON THE BALLOT FOR CONSIDERATION OR THROUGH A PETITION INITIATIVE, STATED THAT IN THE DAYS TO COME HE WILL ANNOUNCE THE COMMENCEMENT OF A PETITION CAMPAIGN TO GET 5% OF THE CITY'S REGISTERED VOTERS WHICH IS ABOUT 3,700 PEOPLE TO SIGN A PETITION TO PLACE A MEASURE ON THE MAY, 2017, BALLOT TO DO AWAY WITH THE POSITION OF THE CITY ATTORNEY, ONCE THE PETITION DRIVE STARTS CITIZENS WILL HAVE AN OPPORTUNITY TO SIGN THE PETITION, I WILL ADVISE THE CITY CLERK WHEN THE FORMAL PETITION HAS BEEN DRAFTED AND PROVIDE UPDATES TO THE CITY COUNCIL ON HOW THE PETITION DRIVE IS GOING COUNCILMEMBER WRIGHT - THANKED COUNCILMEMBER GUIDROZ AND HIS REMARKS REGARDING CATHOLIC CHARITIES AND GLAD TO HEAR ABOUT THE WHEELCHAIR TENNIS COMING TO BEAUMONT, COMMENTED ON HER ATTENDANCE TO THE FIRE FIGHTERS CALENDAR LUNCH, THERE IS A 2017 FIRE FIGHTERS CALENDAR THEY GO ON SALE TODAY AND THE COST FOR THE CALENDARS ARE $25.00, THIS WILL BENEFIT BOYS HAVEN OF AMERICA, ENCOURAGED CITIZENS TO PURCHASE THE CALENDAR COUNCILMEMBER PATE - SALUTED THE FIRE FIGHTERS FOR WHAT THEY ARE DOING TO BENEFIT BOYS HAVEN OF AMERICA, CONGRATULATED CATHOLIC CHARITIES OF SOUTHEAST TEXAS HARVEST OF HOPE, ALONG WITH HONOREES PAT AND TOMMY FRANK FOR ALL THEY DO IN THE COMMUNITY, COMMENTED ON THE LAMAR UNIVERSITY TRACK TEAM AS WELL AS THE MEN AND WOMEN'S BASKETBALL AND FOOTBALL TEAM COUNCILMEMBER SAMUEL - STATED THAT THESE ARE VERY TRYING TIMES, IT'S HIS HOPE THAT EVERYONE THAT SITS IN CHAMBERS AS WELL AS THOSE THAT ARE WATCHING ON TELEVISION PAY CLOSE ATTENTION TO WHAT IS GOING ON, STATED THAT THE CITY IS ABOUT TO EMBARK ON A JOURNEY THAT COULD HAVE A DEVASTATING Minutes — November 1, 2016 EFFECT ON OUR CITY AND OUR CITIZENRY, MY PRAYER IS THAT WE WILL BE ABLE TO REMAIN FOCUSED ON DOING THOSE POSITIVE THINGS FOR THE CITY, WORKING TOGETHER TOWARDS COMMON GOALS AND NOT BE DISTRACTED BY THE SPIRITS THAT ARE AROUND US, STATED THAT THIS HAS BEEN ONE OF THE MOST TRYING TIMES IN THE (30) THIRTY YEARS THAT HE HAS SERVED ON COUNCIL, STATED THAT 90% OF THOSE THAT HE HAS SERVED WITH HAS HAD THE BEST INTEREST OF THE CITY ON THEIR MIND AND IN THEIR HEART, BUT WHEN THE EFFORT IS TO TEAR DOWN AND NOT BUILD UP DRAWS QUESTIONS TO HIS MIND, ASKED THAT EACH ONE OF US BE VIGILANT, KEEP YOUR LAMP TRIMMED AND BURNED AND CONTINUE TO WORK FOR THE GOOD MAYOR PRO TEM MOUTON - THANKED THE BEAUMONT POLICE DEPARTMENT FOR THE SUCCESSFUL TRUNK OR TREAT, GAVE CONDOLENCES TO THE FAMILY OF PASTOR JAMES C. FRANKLIN, SR., WHO WAS THE PASTOR OF PLEASANT GREEN BAPTIST CHURCH FOR 43 YEARS, ALSO COMMENTED ON THE FIRE FIGHTER CELEBRATION BENEFITING BOYS HAVEN OF AMERICA, THANKED CATHOLIC CHARITIES FOR THE WONDERFUL WORK THEY DO MAYOR AMES - THANKED THE FIRE FIGHTERS FOR THE BENEFIT THEY PUT ON FOR BOYS HAVEN OF AMERICA, COMMENTED ON THE CRIME STOPPERS EVENT OVER THE WEEKEND, STATED THAT EVERYONE ON COUNCIL IS ELECTED BY OUR CITIZENRY, THEY WILL ALWAYS DISAGREE AND IF THEY DON'T DISAGREE THEN THEY AREN'T DOING THEIR JOBS, HOWEVER, ONCE A VOTE IS CAST FROM THE GOVERNING BODY SHE THINKS THAT COUNCIL NEEDS TO MOVE ON TO THE NEXT ITEM, STATED THAT THERE ARE A LOT OF GREAT THINGS HAPPENING IN BEAUMONT RIGHT NOW, WHAT COUNCIL IS CHARGED WITH IS TO MAKE BEAUMONT A BETTER PLACE TO WORK, LIVE AND PLAY, IN REGARDS TO THE PETITION, HER PERSONAL BELIEF IS THAT THE PETITION ISN'T IN THE BEST INTEREST OF THE CITIZENS, EAGER TO HAVE THE WORK SESSION THAT SHE REQUESTED SO THAT THE CITY WILL BE TRANSPARENT ON THIS ISSUE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE * Public Comment (Persons are limited to 3 minutes) Fredrick Fusilier 4955 Ada Beaumont TX Discussed the state of affairs of the recent housing discrimination suit settlement with the Department of Justice, stated that he blames the administration, the present and previous Minutes — November 1, 2016 council that was a part of this settlement, stated that when it was announced that the city settled in the amount of $475,000, there was an uproar all over this city, the uproar has been misplaced, no one has ever mentioned anything about the disabled citizens that were affected by this discrimination, stated that the disabled citizens had been terrorized since 2008, the city forced them out of their home in 2008 and then again in 2011, again the outrage should be directed towards the city, the administration and council and not towards the City Attorney alone Landry Rountree 1565 S. Major Dr. Beaumont TX Stated that he wasn't sure what adjective to use today, thought about ashamed, embarrassed, humiliated, beat, etc., stated that before he leaves the council chambers he wants to shake Councilmember Pate's hand, said that their families go way back, the Pate and Rountree family, stated that Councilmember Pate did something that he hasn't been able to do in almost three years, in (90) ninety seconds he was able to communicate what he has been trying to tell this council and city, that he has been targeted and people have tried to retaliate against him, stated that Councilmember Pate proved it with his comments at last week's meeting, told council that a small net gets small catches and a large net gets large catches, Councilmember Pate's comments targeted him and could be construed as racial Wilfred Richard 3680 Blossom Dr. Beaumont TX Asked if there is such a thing as a petition to recall a Councilmember, also stated when Mr. Hayes was given a raise to stay on as City Manager with an increase of $25,000 or more Councilmember Getz had nothing to say, it's because Mr. Hayes is white, stated that Mr. Cooper has been doing a good job, seems as though we have a Councilmember that doesn't respect the rules of the Beaumont City Council when they make a decision, he wants to go back and redo it, thinks that he is dead wrong, also commented on the Washington Blvd., project, the neighborhood has been asking for a west bound traffic light, that hasn't happened, asking that this be looked at again, it's much needed Lafayette Spivey 6010 Chandler Beaumont TX Stated that it appears racism to him is alive and well in Beaumont, this is something that is sad to say, since we have Councilmembers that are odds, some abstaining from voting etc., thanked Mr. Getz, he has just awakened a sleeping giant, we are coming in full force Lane Nichols 4390 Pebble Beach Beaumont TX Stated that he has had the pleasure of working for the City of Beaumont for 30 years and twenty of them he sat where Mr. Cooper is sitting now, stated that he has some background on the proposal to do away with the entire office, thinks the Mayor has it right, thinks that there are so many parts to the puzzle that needs to be known about before anybody signs such a petition, doesn't think it makes any financial sense, you have Matt Martin who handles all of the city's claims, he goes out anytime there is a wreck and analyzes the claim, talks to the claimants and works the claims through, if you talk to the department heads you will find out how often they wander into the legal office to get advice, or how often the City Manager goes down to talk to Tyrone or have Tyrone come to him, if you start paying for that by the hour, I think you're going to find it won't make a whole lot of sense, a charter change is absolutely the way to go, the citizens get an opportunity to say if Minutes — November 1, 2016 they want the charter changed, so again the Mayor got it right and the citizens need to be able to see what all is entailed that makes the Legal Department a valuable asset to the city Paul Jones 10033 Brooks Rd Beaumont TX Spoke in reference to the petition that one of the Councilmembers spoke about, would advise the council to pay very close attention to this petition, as to how it's written and how it's presented if it's presented, because it can be deceiving, think's that this is also a start of something that is real bad for this city, council needs to be very careful and not be afraid of a bully, stand up and say what needs to be said, it seems that there is one Councilmember that when he can't get his way he wants to destroy the house or take his ball and go home, thinks that all of council was elected to serve all of the people and take personal feelings out of it, stated that what's out on the web is false and a lot of misinformation has been stated people can be deceived, advised Council to stand up and say what needs to be said if you want to save this city and make it the great city that it should be W.R. Sams Sr. 1761 Rena St. Beaumont TX Totally disagrees with what's going, contracting out never works, we have experienced it before on many occasions what happened, it failed, advised council not to go for it, don't get caught up, it's a bad deal Brenda Spivey 6010 Chandler Beaumont TX Spoke in regards to the negativism of the petition proposed by Councilmember Getz, we have endowed each of you with our trust and respect to make the right decision for the citizens and the city, doesn't feel the petition is in the best interest for the city, thinks council should be working uniformly with one another, it should be an accomplishment that best respect the needs of the city, even though there is one bad apple in the barrel, appreciates council's concerns and looks forward to council making the right decision for the city Talsha Davis P.O. Box 7288 Beaumont TX Stated that she was in attendance at the meeting when the raise was awarded to the City Manager and nobody else was here, it's odd how now because one person has spoken against another person now everybody wants to speak, agreed that there should be a petition, thinks that it should be put on the ballot and that citizens should have a say so about tax payers money, it's so easy to spend someone else's money on things that would benefit other people, thinks that it should be looked at and as citizens they should have some say so about tax payers money EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government code: Claim of Allco vs. City of Beaumont Waste Water Treatment Plant Bar Screen Replacements Project Surface Water Treatment Plant Project Minutes — November 1. 2016 Tennis Courts Covered/Uncovered Project South Park Drainage Project * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code, to wit: Craig Lively — Chief Magistrate Open session of meeting recessed at 2:42 p.m. There being no action taken in Executive Session, Council adjourned. io available upon request in the City Clerk's Office. Arrfe4, Wavor Tina Broussard, City Clerk Minutes — November 1, 2016