HomeMy WebLinkAboutMIN JUL 14 1998 M I N U T E S - CITY OF BEAUMO V a
Lulu L.Smith DAVID W. MOORE, MAYOR Bobbie J.Patterson,Mayor Pro Tem
Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos
John K. Davis JULY 14, 1998 Becky Ames
Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on July 14, 1998, at the
City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the
following:
OPENING
* Invocation Pledge of Allegiance Roll Call
Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items
Mayor Moore called the meeting to order at 1:36 p.m. Mrs. Mary Randall gave the invocation.
Traffic Engineer Jim Cline led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith,
Cokinos, Ames, and Davis. Also present were Ray A Riley, City Manager; Tyrone Cooper,
Assistant City Attorney; and Barbara Liming, Deputy City Clerk.
*Presentations and Recognitions - No proclamations were issued
*Public Comment: Persons may speak on scheduled agenda items.
Mrs. Mary Randall, 4255 Corley, an owner of Jemari Group, Inc., 495 South 4th Street, addressed
Council regarding Agenda Item No. 4 authorizing replacement of the floor at the harvest Club. Mrs.
Randall quoted bidding requirements from portions of the Notice to Bidders sent to prospective
bidders that included a requirement that a certified cashier's check or approved bid bond in the
amount of 5% of the amount of the maximum total bid must be submitted with the bid. Mrs. Randall
said the recommended bid recipient of this item did not meet the full 5% requirement. She stated
that procedures and guidelines should apply the same for everyone even thought the amount of
difference in this case is small. Mrs. Randall questioned waiver of even a small amount setting a
precedent for future bids.
Mayor Moore said that Council would discuss the matter and receive additional information from
City Staff when the item is introduced and possibly ask questions or give Mrs. Randall opportunity
to comment.
Mr. Dennis Dickerson, owner of Action Construction, the recommended bidder for Agenda Item 4,
explained to Council that a new secretary erred in obtaining the full amount of the bid bond and
caused the amount to be short by $82.62 because she did not add in $1,650, the amount for the
performance bond. Mr. Dickerson said this is a minor and honest mistake.
*Consent Agenda
The following consent agenda items were considered:
* Approval of the minutes of the regular meeting held July 7, 1998;
* Confirmation of committee appointments - No appointments made.
A) Approve a contract in the amount of $16,381 for the removal of asbestos containing vinyl
floor tile at the Best Years Center (with Delta Southwest, Inc. to begin August 3 and
completed within ten days) - Resolution No. 98-166
B) Approve the acceptance of a D.W.I. Selective Traffic Enforcement Program Grant if
awarded from the Texas Department of Transportation (in the amount of$7,500 with a 25%
match required from the City) - Resolution No. 98-167
C) Approve the acquisition of property in the amount of $2,580 for the Major Drive Project
(0.104 of an acre located at 6810 South Major Drive from Baker Hughes Oilfield Operations,
Inc. In the amount of $2,580) - Resolution No. 98-168
D) Approve the hiring of Joseph Pierre Landry as an Assistant City Attorney (at a salary of
$34,920 per year with the primary duty of prosecuting in Municipal Court) - Resolution No.
98-169
Councilmember Davis inquired about Item D, the hiring of an Assistant City Attorney, and
Assistant City Attorney Tyrone Cooper explained that a request is being made to appoint
Mr. Joseph Pierre Landry to fill the vacant position of Municipal Court Prosecutor.
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember
Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith,
Cokinos, Ames and Davis
Noes: None
GENERAL BUSINESS
Minutes;7!14/98;Page 2
1. Consider approving a contract for the renovation of the Municipal Court Building located at
700 Orleans Street
Council discussion included partial air conditioning of the building, initial cost savings
versus additional cost of air conditioning the second and third floors at a later date, local
preference award of bid to second low bidder, explanation of the sales tax preference
formula and a desire to award bids to local vendors as much as possible.
Councilmember Smith moved to approve Resolution No. 98-170 authorizing a contract with
Epcon, Inc. of Mauriceville in the amount of$1,627,000 for renovation of the Municipal Court
Building located at 700 Orleans Street, the former White House building. Councilmember
Davis seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith,
Cokinos, Ames and Davis
Noes: None
2. Consider approving an agreement with Gayle W. Botley &Associates for auditing services
related to the 1998 fiscal year
City Manager Riley introduced a resolution authorizing an agreement with Gayle W.
Botley & Associates for auditing services to begin in August and financial auditing
reports completed by January 19, 1999, with contract expenses not to exceed
$99,200. Mr. Riley explained the objectives of the audit, said it will be conducted "in
accordance with generally accepted auditing standards; the standards for financial
audits contained in Government Auditing Standards, issued by the Comptroller
General of the United States, the Single Audit Act Amendments of 1996."
Councilmember Smith stated that she has asked for the actual hours the main auditor
actually worked on our audit and said this is the fifth year he has worked on a City
of Beaumont audit. Councilmember Smith said she opposed the appointment last
year, opposes reappointment this year, because it "violates the spirit and the intent
of the law." She stated that they were the minority auditors with Cook-Shaver for
four years and have used Cook-Shaver as part of their auditing team which results
to five years with the same people, and this would be approving six years with the
same auditors. Councilmember Smith said she is "not comfortable with that," and
"cannot vote for that."
After confirming that immediate action is not necessary on this item, Councilmember
Davis reported that he has a report that explains how an auditing committee works
and their role that he would like to share with Council in an effort to answer questions
Minutes;7/14198;Page 3
they might have before a vote is taken. He suggested deferral of the item until
everyone is "on the same page." In response to Councilmember Smith's question,
Councilmember Davis said he thinks the report was prepared by Al Pollans for
someone else that wanted a review of the role of an auditing committee.
Mayor Moore concurred with deferral of the item for an opportunity for additional
information, and Councilmember Ames added a request that a report of actual hours
worked by the primary and secondary auditors also be provided.
3. Consider approving an Oil, Gas and Mineral Lease for approximately 500 aces of land in
Tyrrell Park
Councilmember Smith moved to approve Resolution No. 98-171 authorizing a three-
year Oil, Gas and Mineral Lease with Tesoro Exploration and Production Company
for a bonus payment of$176 per acre for the 500 acre tract in Tyrrell Park for a total
of $88,000, plus a minimum shut-in provision with remuneration of$500 per month
for each well until the gas is produced or sold, a minimum royalty payment of$75 per
acre, and an annual delay rental of $50 per acre for all the leased premises lying
outside of a designated producing well tract. Councilmember Ames seconded the
motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith,
Cokinos, Ames and Davis
Noes: None
4. Consider approving a contract for the replacement of the floor at the Harvest Club
Mr. Riley introduced a resolution authorizing a contract with Action Construction in
the amount of$56,592 for replacement of the floor at the Harvest Club. He explained
that the wooden floor would be replaced with a concrete and vinyl tile surface. In
May a bid was received in the amount of $129,713.09 for installation of new wood
flooring that exceeded the amount budgeted for the project. Mr. Riley said the vinyl
tile surface would accommodate any of the shows or programs that are ordinarily
held at the Harvest Club. He further explained bid and performance bonds, and said
that the bid bond is not a legal requirement, but is provided for the City's interest and
protection. If a low bidder decides to withdraw their bid, that 5% bid bond or
cashier's check would be forfeited for the City's inconvenience. The performance
bond insures that if the contractor is unable to complete a project, the City may call
in the bond, and the bonder will provide for another contractor to finish the project
without additional cost to the City. Mr. Riley stated that in all bid specifications, a
Minutes;7114096;Page 4
clause is inserted to allow the City to reserve the right to waive any irregularities, any
informalities or discrepancies in order to allow the City to consider a good bid with
a minor problem. That disclaimer allows for this bid to be accepted with an $82 error
and save the City almost $6,000. Also, Mr. Riley reported there would be no
scheduled activities at the Harvest Club from .July 7 to September 7, but the project
W11 be completed by the time the South Texas State Fair begins.
Mayor Moore questioned the concrete and vinyl surface sweating and becoming
slippery and expressed a concern about creating a liability situation. The City
Manager said that to his knowledge, these factors have been taken into
consideration, and that no characteristics of the floor should change. Other
discussion included verification no state law mandates for bid bonds, following the
bid process, waiving irregularities, bidder perception of variances, reiteration of
bonding protection for the City, and a request for a report from Staff regarding the
concrete vinyl tile flooring and substantiation that it would not become slippery and
a liability. Further discussion included past experiences with acceptance of bids,
bids being thrown out, each bid considered on an individual basis and equality in
bidding.
Mayor Moore invited Mrs. Randall and Mr. Dickerson to make additional comments.
Mrs. Randall said she would accept whatever decision Council makes regarding
award of the bid, but questioned the wisdom of variance from guidelines stated in the
bid specifications and at discretion making exceptions, even if the amount of money
is insignificant. She spoke of the duty of standing up for what is right, said she
sympathizes with the other companies mistake, but her company's bid met all
requirements.
Mr. Dickerson told Council an honest mistake was made by his secretary and said
that everyone has made mistakes.
Mayor Moore told there are several factors to consider, that he cannot vote without
a Staff report showing that the concrete vinyl the flooring will be substantial and not
a liability factor in the future.
From the audience, Mr. Dickerson told Council there is a deadline to meet before the
State Fair begins.
In response to the deadline statement, Mr. Riley said the earlier the project begins,
the better, but if it cannot be completed before the Fair starts, the project may have
to wait until after that date.
Minutes;7114M;Pages
Additional comments referred to paying for mistakes in different ways, consideration
of the bid process, desiring not to spend more money than necessary, not wanting
to leave an inference that one can get by without following rules and receiving a Staff
report before voting.
Consensus of Council was to defer action on this item for one week.
5. Consider approving an agreement with the Texas Department of Transportation to
fund various intersection improvements.
Councilmember Cokinos moved to approve Resolution No. 98-172 authorizing a
contract with TXDot for completion of their plans for Congestion Mitigation and Air
Quality improvements at: Phelan/Dowlen (turn lanes, vehicle detectors); Eleventh/1-
10 (vehicle detectors, restripeing); Delaware/Eastex(westbound pavement widening,
u-turn lane, vehicle detectors); Delaware/Eleventh (eastbound pavement widening,
vehicle detectors); College/Eleventh (vehicle detectors); and Calder/Eleventh
(vehicle detectors); for an estimated construction cost for the improvements at
$564,477.50. Councilmember Smith seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tem Patterson, Councilmembers Smith,
Cokinos, Ames and Davis
Noes: None
Mayor Moore commented that the gentleman who would bring information to Council
about the project just voted upon, traffic reports, stop signs, red lights, yield signs,
street lights and any other traffic related subject would be Traffic Engineer Jim Cline,
and invited the City Manager to make additional remarks.
Mr. Riley related that for the past 8 '/2 years, Jim Cline has been Traffic Engineer for
the City of Beaumont and been involved with a large schedule of improvements for
the city. He said that traffic signals that did not work properly previously are now
functioning well. Mr. Riley said the City has been pleased to have Mr. Cline as an
employee, and that he is an exceptional person that has done great work. Now, Mr.
Cline is moving to work for the City of Irving as the Traffic and Transportation
Director. Mr. Riley thanked Mr. Cline for his service to Beaumont, wished him the
very best, said we are very proud of him and send him to Irving with our best wishes.
Mayor Moore expressed his appreciation for the way Mr. Cline has addressed the
challenges brought to him by Council and the resolutions he has made to solve the
problems. As a City employee, he said the Mr. Cline has demonstrated his love for
Minutes;7/14198;Page 6
the community outside the job with his involvement in the Boy Scouts, work with
Some Other Place and other organizations. Mayor Moore wished the Cline family
the very best.
Councilmembers individually expressed their appreciation to Mr. Cline for the
professionalism shown in fulfilling his duties, the help given to each of the four wards
of the city, and for implementing and carrying out a very successful street lighting
effort. They expressed special appreciation for his ability to work with people and
attendance at neighborhood association meetings and individually added their best
wishes to Mr. Cline and his family in their move and career change.
Mr. Cline thanked Council for their compliments, said he has enjoyed his tenure with
the City of Beaumont and the support the Transportation Division and Public Works
Department receives from Council. He said he leaves with some trepidation, but
feels the move is an opportunity that is best for his family, and again expressed
appreciation for Council's kind words.
Mayor Moore acknowledged Michael Sterling, a Mo-Beau student, who has been
working in the Executive Offices this summer. Michael will be with the City for one
more week. Mo-Beau students are part of a summer work program sponsored by
Mobil Oil. Mayor Moore said Michael has done a very good job in various areas.
Also, Mayor Moore introduced Joseph Pierre Landry, the new Assistant City Attorney
and invited him to comment.
Mr. Landry stated that he is Joseph Pierre Landry, III, and has deviated by being
called Pierre rather than Joseph. Mr. Landry said his grandfather was a member of
City Council several years ago, that he is a life long resident of Jefferson County,
practiced law for 19 years in the area, and looks forward to his employment with the
City of Beaumont in Municipal Court.
COMMENTS
* Councilmembers comment on various matters
Councilmember Davis thanked Kyle Hayes and John Labrie for meeting with members of
the Avenues Neighborhood Association to assist in getting a cleanup effort underway and
reported that after the Reverend Williams articulated his concerns last week at Council
about activities in his neighborhood, young people in the area broke a window of his
business establishment. Councilmember Davis asked that the Police Department be made
Minutes;7/14/98;Page 7
aware of this situation to insure that the Reverend Williams' restaurant does not suffer undo
retaliation. Councilmember Davis said he has traveled the area near Plum Street and
affirms it does appear that something is taking place and feels the Police Department should
be properly alerted.
*Public Comment (Persons are limited to 3 minutes)
Mr. Raymond Chaison, 1130 Lamar, addressed Council to question closure of the fire
station on Sabine Pass. The City Manager explained relocation plans for some fire units
and said that an endeavor is being made to locate fire stations within five minutes from
homes in Beaumont. Mr. Chaison further expressed his concern for safety of the citizens
in his neighborhood and the benefits they receive from the City. Councilmember Davis
listed the improvements made in Ward III during his tenure as a councilmember that include
a new library, activity center, hike and bike trail, Collier's Ferry and rehabilitation of the
Charlton Pollard neighborhood.
Mr. Tony Sacker, Elmherst Street, told Council he received information the $5.26 amount
on our Entergy bill is a fee for mailing statements and another person said he was told it
was for rental of their meters. Mr. Sacker added complaints about Time Warner's stand to
not advocate digital television and TCI's full page ad in the newspaper advocating the sale
of digital cable being in conflict when they merge. Also, Mr. Sacker commented that even
though there has not been a tax increase recently by the City, the appraisal of homes has
been increased and subsequently raised the amount of taxes paid.
Mr. Jerry Whittington, 2164 Cable, distributed pictures of a dilapidated structure at the
comer of Live Oak and Magnolia to Council and requested that it be put on a priority list for
demolition. Mr. Whittington said the structure contains barrells of flamable liquid, that he
has a concern that the building is open and conducive for criminal activity. He also spoke
of two lots, one on Pine Street and the other on Coleman Street, that are overgrown, and
said one owner has received three notices from the City to have the grass cut, and the other
owner has not been cited or the grass cut. He said that both lots need to be cut. Mr.
Whittington expressed appreciation for the added street lighting, the dilapidated homes that
have been demolished and other cleanup efforts by the City.
Mayor Moore asked the City Manager to contact the Fire Department to schedule an
inspection for flamable products in the dilapidated structure at Live Oak and Magnolia.
Mr. Greg Stanley, owner of Spanky's Wrecker Service at 550 IH-10 South, addressed
Council regarding Bid No. 0698-63 soliciting bids for a contract for towing services for
accidents and abandoned/impounded vehicles within the city limits of Beaumont. Mr.
Stanley complained about going to a single contract for towing of the listed vehicles. He
said many businesses would be affected and all of them are in opposition to this bid. Mayor
Minutes;7/14198;Page 8
Moore explained the bid process to Mr. Stanley, and the City Manager said a pre-bid
conference will be scheduled to hear concerns before the bid opening.
Councilmember Ames questioned the new wrecker ordinance and single wrecker company.
Mr. Riley explained that these are two different subjects. This bid refers to "towing the non
preference that occurs on city right-of-way, particularly with an accident." Further
discussion included more explanation of the wrecker ordinance and the bid being
considered, the delay for the wrecker ordinance accommodating the wrecker companies'
attorney and new state regulations regarding no prohibition of tows by companies out of the
city.
Mr. Chuck Guillory, owner of Chuck's Wrecker Service, complained about the bid and
related San Antonio's single vendor contract being ruled as an anti-competitive block
against market participation in non-consensual towing situations being in violation of the
Federal Deregulation Law. He spoke of stipulations in the bid packet that are in violation
the law. He also questioned status of a wrecker ordinance.
Mrs. Sharon Braquet, Braquet Wrecker Service at 9293 College, spoke in opposition to the
bid in question, said state laws can't be changed, cited insurance requirements in the
packet, said storage laws are asked to be violated, and stated that wrecker companies are
happy with the rotation list that is presently in place. Mrs. Braquet further stated that she
basically wanted the ordinance to remain as it is, give the wrecker companies their increase
and preferences. She reported speaking with Bill Moorhouse in Enforcement at TXDot who
said requirements in the bid packet cannot be done.
Mr. Tim Neff, owner of T & T Wrecker Service, 5385 Fannett Road, addressed Council in
opposition for a contract for one towing service. Mr. Neff said the rotation system in place
now is the fair way and the American Way. He said wrecker companies respond to about
350 calls per month for non-preference tows and are a great part of the business for each
company.
Ms. Paula Ydrogo, 3765 Scranton, thanked everyone for the help recently given her after
the fire that destroyed her home and the recent death of her mother. She expressed
appreciation to the Fire Department and Police Department and said she will always carry
thoughts of everyone in her heart.
Mayor Moore spoke of the process in which Council deals with issues and challenges. He
said all may not be pleased with the outcome of decisions, but Council will be fair. He said
Staff will be sure nothing is done that is in conflict with law, and asked the City Manager to
be sure that adequate time for the vendors is taken between the pre-bid conference and the
actual opening of the bids for towing services.
Minutes;7114198;Page 9
EXECUTIVE SESSION
*Executive Session in accordance with Section 551.071 of the Government Code to discuss
contemplated or pending litigation:
Firefighter Arbitration
There being no further business, the meeting recessed at 3:54 p.m. to reconvene in executive
session.
Mayor David W. Moore
Barbara Liming, Deputy Cffy Clerk
Minutes;7/14/98;Page 10