Loading...
HomeMy WebLinkAboutMIN OCT 09 2001 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson October 9, 2001 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on October 9, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Pro Tern Goodson announced that Mayor Moore and other members of Council are attending the "Gift of Life" Program luncheon at the Civic Center and the meeting will be delayed until they arrive. After a short delay, Mayor Pro Tern Goodson called the meeting to order at 1:58 p.m. The Reverend Max Crawford, Southside Assembly of God Church, gave the invocation. Firefighter Hershel Manley and his daughter, Caroline, led the pledge of allegiance. Present at the meeting were: Mayor Moore (arrived at 2:37 p.m.), Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions The first proclamation issued was: "Fire Prevention Week," October 7-13, 2001. "Honorary Fire Chief" for the day, Caroline Manley, accompanied Fire Chief Bertrand in accepting the proclamation as part of her duties today. Caroline is the daughter of Firefighter Hershel Manley. Earlier today she was recognized and received the designation of"Honorary Fire Chief' because of her heroic bravery in her battle with leukemia. Two other proclamations were issued: "Chamber of Commerce Week," October 22-26, 2001; and "Italian History Week," October 8-14, 2001. Mayor Pro Tern Goodson announced that Thursday, October 11, 2001 has been declared "National Drive With Your Headlights On Day" as a 301h day commemoration in honor of our fallen friends desecrated by the terrorists' attacks on New York City,the Pentagon,and the highjacked plane that crashed in Pennsylvania. The purpose of driving with headlights on will: 1) show our respect, friendship, and tribute to all those who lost their lives on September 11th; 2)show our concern for family members of those individuals; 3)show the terrorists that the fabric of our Country is stronger than steel; and 4) show that we Americans have solidarity standing shoulder to shoulder against any terrorists' acts upon our Country. Mayor Pro Tern Goodson expressed appreciation for the outward show of patriotism seen with flags being flown high. Public Comment: Persons may speak on scheduled agenda items 2-8 Mr. James Edwards, 5680 Calder, on behalf of Edwards, Tate & Fontenote, addressed Council in opposition to approval of Item No. 8 for professional auditing services. Mr. Edwards asked that consideration be given to a local firm, and said their bid was less than $20,000 above the recommended low bid from a company based outside the city. Consent Agenda Approval of minutes - October 2, 2001 Confirmation of committee appointments - Appointments: Barbara White, Parks and Recreation Advisory Committee; Randy White, Airport Advisory Committee; and Faye Young, Beaumont Advisory Commission for Prevention of Child Abuse and Neglect for terms ending October 8, 2003 - Resolution No. 01-224 A) Approve a change in signatories (addition of Jocelyn Harden, Sherry Brown and Jennifer Escobar and deletion of Kevin Glidwell, Lanell Garcia and Beverly Hodges) for the Workers Compensation Account at Hibernia National Bank - Resolution No. 01-225 B) Authorize the City Manager or his appointed representative to execute Project Agreement Forms (for the use of offender labor) with the Texas Department of Criminal Justice - Resolution No. 01-226 C) Approve the waiver of penalty and interest on four tax accounts - Resolution No. 01-227 D) Approve the nomination of C.L. Sherman to the Board of Directors of the Jefferson County Appraisal District - Resolution No. 01-228 E) Approve the settlement of a lawsuit (with Mary Sonnier-Ligon not to exceed $7,500) - Resolution No. 01-229 Council member Cokinos moved to approve the Consent Agenda. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel Minutes October 9,2001 Page 2 An ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW PRIVATE SWIMMING LESSONS IN AN RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2608 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS was introduced. Discussion included inquiries with no apparent knowledge of communication between the applicant and immediate neighborhood residents, deferral last week to allow time for that communication, Council desires for an amicable resolution, zoning rules, the Mayor's request for deferral last week, and a decision to defer action until later in the meeting after Mayor Moore's arrival at Council. 2. Consider approval of a one-year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded medical and indemnity dental plans and a Health Maintenance Organization Resolution No.01-230 awarding a one year contract, effective January 1, 2002,with Blue Cross Blue Shield of Texas was introduced. Mr. Bonczek reported that of four bids received, Blue Cross Blue Shield (BCBS)was the only firm meeting all requirements. He reviewed types of coverage and invited Mr. Preston Pomykal, the City's insurance consultant, to comment and answer Council questions. (Mayor Moore arrived at 2:37 p.m. during discussion.) Mr. Pomykal commented about turmoil in the insurance market place regarding medical claims, HMO premiums, stop loss markets, and influence on insurance since the tragedy of September 11. He discussed BCBS recommendation, noted it would be detrimental to self-fund the HMO based on potential liability, and spoke of reevaluating stop loss markets. He stated this contract would result in an estimated 2% HMO savings depending upon enrollment, addressed negotiations for the PPO, and the prescription drug plan. Mayor Pro Tern Goodson confirmed that proposals were solicited and received from other possible third party administrators, questioned self-funded PPO and fully-insured HMO plans, and the ability to negotiate a contract for more than one year. Mr. Pomykal explained the liability that might be incurred in switching from a fully-insured to a self-funded plan, said BCBS offered the HMO if they become the PPO administrator, and informed Council that because of the current market place, there is no opportunity for multi-year guarantee rates. Councilmember Smith moved to approve Resolution No. 01-230. Council member Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider granting the City Manager authority to implement the contribution rate changes for employees and retirees in the medical plans Minutes October 9,2001 Page 3 Councilmember Ames moved to approve Resolution No. 01-231 authorizing the City Manager to implement a 14 percent or $12 monthly increase for employee and retiree medical rate contributions effective January 1, 2002. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 4. Consider approval of a resolution to grant certain insurance and pay benefits for a period of not more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves Mayor Pro Tern Goodson moved to approve Resolution No. 01-232 granting certain insurance and pay benefits for a period of no more than 180 days to City of Beaumont employees who are members of the National Guard or military reserves called to active duty. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider approval of the purchase of two 35-foot municipal transit coaches After a brief discussion verifying cost effectiveness of purchasing larger buses,the bidding process, grant funding, and delivery time, Councilmember Ames moved to approve Resolution No. 01-233 awarding a bid to Nova BUS for purchase of two(2)coaches in the amount of $604,116.36. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider amending the Drought Contingency Plan, Ordinance 01-058,that was approved by City Council on July 31, 2001 Councilmember Smith moved to approve Ordinance No. 01-078 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.01-058 TOADD PROVISIONS FOR THE APPLICATION OF THE DROUGHT CONTINGENCY PLAN TO WHOLESALE CUSTOMERS OF OUR WATER SYSTEM PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes October 9,2001 Page 4 (Councilmember Samuel left the Council Chambers at 2:58 p.m. and returned at 2:59 p.m. before the vote on Item No. 7.) 7. Consider authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. Councilmember Smith moved to approve Resolution No. 01-234 authorizing the City Manager to execute an Industrial District Contract with ATOFINA Chemicals, Inc. of which industrial payments are estimated at $11,728,700 in FY 2002. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider an annual contract for professional auditing services As a member of the Audit Committee, Councilmember Smith specified their efforts to carefully review each proposal. She stated that interviews were conducted with the three top proposals, and that Patillo, Brown and Hill, L. L. P. were very impressive because of their experience with governmental auditing and the compatibility of their software that will reduce City employee preparation time, in addition to being the lowest bid received. Councilmember Samuel confirmed Councilmember Smith's remarks and added that the challenge of the Audit Committee was to give as much consideration as possible to local firms while being fiscally sound. Key decision factors included consideration of the software necessary to interface with the existing audit system, governmental audit expertise, and familiarity with GASB changes. He expressed a desire to support local business, but stated that the service and cost savings presented by Patillo, Brown and Hill, L. L. P. was too convincing, and said that individuals in the recently formed local company of Edwards, Tate & Fontenote had governmental audit experience, but not as a firm. At the request of Councilmember Cokinos,the City Manager reported that the background work history of Patillo, Brown and Hill, L. L. P. has been with Brownsville, Orange, Waco, the Southeast Texas Regional Planning Commission and other cities throughout Texas. Mayor Moore stated that lengthy discussions were held with each firm concerning qualifications, experience, and staffing, and said each firm is capable, and spoke of being fiscally responsible with tax payer money. Mayor Pro Tern Goodson voiced strong support of employing local consultants and not all professional services contracted outside Beaumont. He acknowledged that the Audit Committee supported employment of the recommended firm because of experience and addressed costs related to GASB 34 may not be as significant as anticipated. He questioned other firms not having the software to prepare the audit working papers, asked for clarification of its uniqueness, and if they have capabilities others do not have. Mayor Pro Tern Goodson again expressed disappointment in not using a local auditing firm and Minutes October 9,2001 Page 5 discussed award of a one-year contract with an option to renew, realization of savings,and elimination of Accounting Division positions in this budget. Comptroller Paula Labrie explained that the type of software eliminates months of staff time preparing audit work papers, and with the elimination of staff positions, a strain would be placed upon existing staff to supply the paperwork prepared in the past. She expressed satisfaction with the software expectations and cost savings to the City. Councilmember Cokinos confirmed than an auditing firm may perform auditing services for a maximum of four years. Councilmember Ames expressed agreement with Mayor Pro Tern Goodson's disappointment with not selecting a local firm, extended appreciation to Council representatives and staff for the time spent serving on the Auditing Committee, and commented about the non-renewal provision if their services are unacceptable. Councilmember Ames moved to approve Resolution No. 01-235 awarding a one year contract with the option to renew annually for a period of three additional years to Patillo, Brown and Hill, L.L.P. in the amount of$64,000 annually for providing professional auditing services. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore,Councilmembers Smith,Ames, Samuel,and Patterson Noes: Mayor Pro Tern Goodson and Councilmember Cokinos 1. The City Manager reintroduced Agenda Item No. 1 requesting a specific use permit to allow private swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel. He restated that by deferral of this item, opportunity was given for communication between the applicant and neighbors and reiterated the requested requirements of the specific use recommendations and noise being an issue of concern. Mayor Moore addressed upholding desires of the community and gravity of making a decision regarding a service being rendered. He confirmed that swimming lessons are provided by the City. Mayor Pro Tern Goodson moved to approve an ordinance ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMITTO ALLOW PRIVATE SWIMMING LESSONS IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 2608 HAZEL IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. MOTION DENIED. Ayes: Mayor Pro Tern Goodson, Councilmembers Smith, Ames, Samuel, and Patterson Noes: Mayor Moore and Councilmember Cokinos COMMENTS Councilmembers comment on various matters - Council made no comments. Minutes October 9,2001 Page 6 * City Manager Report - Breast Cancer Awareness Seminar, National Firefighter Memorial Day, Economic Uncertainty-Impact on Revenue?!, Housing Bond Liquidation Results, Fire Protection Legislation, Intemet-A Source of Knowledge, National Endowment for the Humanities, SWAT Team Training in Brazil, Third Annual Neches River Clean Up and SWAT Team Competition The City Manager commended the Fire Department for an impressive National Firefighter Memorial Ceremony held Sunday and thanked the Police Department fortheir participation. He mentioned the Gift of Life luncheon held today at the Civic Center and announced a Breast Cancer Awareness Seminar for City employees, October 24. Mr. Bonczek reported alerting staff to use caution in purchases because of possible reductions in tax revenues, said some purchases will be deferred, lease purchases will be considered in some instances, and stated staff is on a heightened fiscal alert. He reported that the housing bond defeasance went well. Estimates for the FY2002 were $185,000, but $218,394 in proceeds was received. Mr. Bonczek announced that the Police SWAT Team has been invited to Brazil as instructors, and that Chief Scofield and selected members will attend as ambassadors for the City of Beaumont. Beaumont's SWAT Team finished 4th in a recent competition,just two points behind 31 place winners,the Dallas Police Department's SWAT Team (held by the Texas Tactical Police Officer's Association in Austin with 24 teams competing). Mr. Bonczek reviewed an agenda item presented last week to collect warrant fees and clarified that the numbers presented were the total number of warrants issued for the past three years, not the number of outstanding number of warrants. The correct figures are 22,000 outstanding warrants and $890,000 in uncollected fines. * Public Comment (Persons are limited to three (3) minutes). Ms.Marigene McLaughlin,520 Jeanette,Vidor,addressed Council to express appreciation to everyone for raising over$250,000 in Southeast Texas for the relief fund for victims of the September 11, 2001 terrorist attack and to announce that the Dynatones will perform at the Pearl Street Cafe Thursday, October 11. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Sandra Pope v. Leslie Carmen Apple There being no further business, the meeting adjourned at 3:35 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes October 9,2001 Page 7