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HomeMy WebLinkAboutPACKET OCT 22 2002 ffili L City of Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2002 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items * Consent Agenda GENERAL BUSINESS 1. Consider approving a revision to Section 26-24 of the Code of Ordinances related to school speed zones 2. Consider an ordinance amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive 3. Consider approval of a resolution authorizing the City Manager to increase the Neches River bank restoration contract for"extra work" 4. Consider approval of a bid for structural retrofit and foundation repairs for the Beaumont Community Health Clinic located at 950 Washington Blvd. 5. Consider funding for the South East Texas Regional Planning Commission 6. Consider funding for the Partnership of Southeast Texas WORK SESSION * Review plans related to EMS billing and collection software COMMENTS * Councilmembers comment on various matters * Public Comment(Persons are limited to three minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Bannum, Inc. v City of Beaumont, et al * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Goverment Code: The Municipal Court Magistrates Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 October 22,2002 Consider approving a revision to Section 26-24 of the code of ordinances related to school speed zones City of Beaumont it Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Mark Horelica, Transportation Manager MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Council consider a revision to Section 26-24 of the Code of Ordinances. This section establishes both the time limits and school zone boundaries for the reduced school speed zones now in effect. RECOMMENDATION Administration recommends amending the Code of Ordinances as follows: DELETE FROM SCHEDULE A STREET DIRECTION OF DESCRIPTION TRAVEL Lela E & W From a point 25 feet west of the centerline of Usan to a point 20 feet east of the centerline of Garden. Page 1 of 2 ADD TO SCHEDULE A STREET DIRECTION OF DESCRIPTION TRAVEL Lela E& W From a point 25 feet west of the centerline of Usan to a point 20 feet east of the centerline of Goliad. Goliad N& S From a point 25 feet north of the centerline of Sarah to a point 25 feet north of the centerline of Lela. BACKGROUND A recent traffic study has revealed the need to extend these school zones to include all portions of roadway adjacent to school property. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. RECOMMENDED MOTION Approve/Deny an amendment to the Code of Ordinances to establish school zones. Page 2 of 2 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO EXTEND THE SCHOOL ZONES IN SCHEDULE A; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT, Section 1. That Chapter 26, Section 26-24 of the Code of Ordinances of the City of Beaumont be, and the same is hereby, amended as follows: DELETE FROM SCHEDULE A DIRECTION OF STREET TRAVEL DESCRIPTION Lela E &W From a point 25 feet west of the centerline of Usan to a point 20 feet east of the centerline of Garden. ADD TO SCHEDULE A DIRECTION OF STREET TRAVEL DESCRIPTION Lela E &W From a point 25 feet west of the centerline of Usan to a point 20 feet east of the centerline of Goliad. Goliad N & S From a point 25 feet north of the centerline of Sarah to a point 25 feet north of the centerline of Lela. Section 2. That if any section, subsection, sentence clause or 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 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2002. - Mayor Evelyn M. Lord - 2 October 22,2002 Consider an ordinance amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive Q-1 City of Beaumont ouncil en C A � = • � g da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-078 relating to the structure located at 5029 Shelley Drive. RECOXRdENDATION For the Council to review, Administration recommends that the condemnation order for the structure located at 5029 Shelley Drive be reconsidered because the lien holder was not listed on the Jefferson County tax roll and was not properly notified. BACKGROUND This structure was brought before City Council on September 24, 2002 with staff's recommendation of a raze order. The lien holder has now been identified and is asking for reconsideration on the condemnation order given on September 24, 2002 because they have a prospective buyer for the property who desires to rehabilitate it. The structure was presented again before Council on October 15, 2002 for the property owner to appear and make request for reconsideration but the property owner failed to appear and Council deferred the structure for one week. BUDGETARY IWACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on September 24, 2002. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the new owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director.. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 02-078 to allow the new property owner to enter a work program to rehabilitate 5029 Shelley Drive. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 02-078 TO REMOVE THE STRUCTURE LOCATED AT 5029 SHELLEY DRIVE FROM SECTION 2 AND ORDER THAT THE OWNER OF THE STRUCTURE AT 5029 SHELLEY DRIVE BE ALLOWED TO ENTER INTO A WORK PROGRAM TO REHABILITATE THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 02-078 be and the same is hereby amended by removing 5029 Shelley Drive from Section 2 of said ordinance. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 5029 Shelley Drive immediately enter into a work program and either demolish or repair such structure within days of the effective date of this ordinance. If the owners fail or refuse to repair or demolish the structure within the time limit set herein, the City is authorized to demolish the structure without further Council action. Section 3. That if any section, subsection, sentence, clause or 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 4. That any person who violated any provision of this ordinance shall,upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of October, 2002. - Mayor Evelyn M. Lord - SUBSTANLRD BUILDING INSPECI4kN REPORT CLEAN COMMUNITY CITY OF BEAUMONT 23. SATE REQUESTED September , 2002 WARD 4 ADDRESS OF INSPECTION 5029 Shelley Drive ACCOUNT NO. 232219-3100-1 CENSUS TRACT 22 OWNER Steve M. Bridges ET UX c/o Hibernia Trust Department ADDRESS P O Box 3928 CITY/STATE (04)-3928 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat E 90' Land Value 3280 Block or Tract TR 44, B 19 Improvement Value 39900 Addition/Survey S Stivers-ABS 51 Total Value 43180 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date December 10. 2001 MAJOR CODE VIOLATIONS: This structure has had water damage There is lots of mold and mildew throughout the structure All damaged or rotten windows and window sills will need to be replaced The ratio door is damaged There is extensive foundation problems There is water leakage through a cracked slab and there is severe damage to the flooring The interior flooring ceilings and walls have been damaged and will need repairing All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is Dpen and accessible There is a shed also on the prosy that has extensive deterioration Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of it appraised value staff is recommending a raze order for this structure SEE ATTACHED PHOTOS {e� r Y�! '�' � � �4 It �'�r � ��•�. �!. �. �� 1 u �r N1. F k M'�� I � ti:� `4 r� `��.'• '1 'ty ��' �"((1�c t N4 C*:.. &'.,} , 1 1 • � �� � Z �.�,ri ',pig t'... .h'r� 'thy yNe e , a n�T� } 5 "'��•�7 1�4 a / 7 �I a � •1� ` J • e s .�.• �.•�,� .fir rid 4 ;d,� `� .��;� q l , Y I �.+ oar ` t< , t J 3 October 22,2002 Consider approval of a resolution authorizing the City Manager to increase the Neches River bank restoration contract for"extra work" i..W29 ,- City of Beaumont Council Agenda Item M TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joseph G.Majdalani, Water Utilities Manager MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 15,2002 REQUESTED ACTION: Consider approval of a resolution authorizing the City Manager to increase the Neches River bank restoration contract for"extra work." RECOMMENDATION Administration recommends approval of increasing the Neches River bank restoration contract by $188,300 to stabilize and restore the bulkhead on the north side of the Neches River. BACKGROUND Several tropical storms damaged the existing access road and bulkhead, built in the late 1940s, especially Allison in June 2001. The river bank, access road, and bulkhead need major repairs to provide safe access to Lawson's Pump Station. The repairs will also protect the raw water delivery system that supplies more than 70 percent of raw water for the greater Beaumont area. After an inspection of the bulkhead by water utilities staff, a consulting engineer for the City and representatives from the USDA,they agreed that the bulkhead needs immediate repairs. BUDGETARY IMPACT The Natural Resources Conservation Service(NRCSIUSDA)provided 75 percent ofthe initial project cost ($1,033,000),and the Water Utilities Division Capital Improvement Fund provided 25 percent ($361,832). NRCS/USDA will provide$60,000 of the"extra work"and the Water Utilities Capital Improvement Fund will provide $128,300. PREVIOUS ACTION Council passed Resolution No. 01-303 on December 11, 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny the approval of Change Order No. 1 for the Neches River bank restoration contract. APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date: September 19, 2002 Project: Emergency Repair to Lawson's Station Access Road (Bank Stabilization) Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: BO-MAC Contractors, Ltd. 1020 Lindbergh Drive Beaumont, TX 77707 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for "extra work" performed by the Contractor to stabilize the bank that supports the bulkhead on the north side of the Neches River. ORIGINAL CONTRACT AMOUNT $ 1,394,832 THIS CHANGE ORDER: Description Net Change Furnish and install 3000 sq. yards of geotextile fabric. +$ 14,160 Furnish and install 2700 tons of broken concrete rip-rap. + 93,150 Furnish and install 445 tons of cement stabilized limestone + 80,990 base material. TOTAL AMOUNT OF THIS CHANGE ORDER: + $ 188,300 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1.583.132 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: L�x1c �► C, . A V tiw,�J le,� Joseph G. Majdalani, P.E. City of Beaumont BO-MAC Contractors, Ltd. Water Utilities Manager Owner Contractor Date: 9 q A 7 Date: Date: `b nZ APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date: September 19, 2002 Project: Emergency Repair to Lawson's Station Access Road (Bank Stabilization) Owner: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Contractor: BO-MAC Contractors, Ltd. 1020 Lindbergh Drive Beaumont, TX 77707 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for "extra work" performed by the Contractor to stabilize the bank that supports the bulkhead on the north side of the Neches River. ORIGINAL CONTRACT AMOUNT $ 1.394.832 THIS CHANGE ORDER: Descri to ion Net Change Furnish and install 3000 sq. yards of geotextile fabric. + 14.16 Furnish and install 2700 tons of broken concrete rip-rap. A- 93.150 Furnish and install 445 tons of cement stabilized limestone + 80.990 base material. TOTAL AMOUNT OF THIS CHANGE ORDER: + 188,300 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1.583.132 CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represent full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: � � . Hlwt � JoDl�seph G. Majdalani, P.E. City of Beaumont BO-MAC Contractors, Ltd. Water Utilities Manager Owner Contractor Date: 'C( .10 Date: Date: /b oZ 4 October 22,2002 Consider approval of a bid for structural retrofit and foundation repairs for the Beaumont Community Health Clinic located at 950 Washington Blvd. ..,,� City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 15, 2002 AGENDA MEMO DATE: October 10, 2002 REQUESTED ACTION: Council consider award of a bid for structural retrofit and foundation repairs for the Beaumont Community Health Clinic located at 950 Washington Blvd. RECOMMENDATION Administration recommends the award of a bid to Eagle-Pro Engineering, Inc. of Beaumont for structural retrofit and foundation repairs to the Beaumont Community Health Clinic in the amount of$63,098. BACKGROUND Seven(7)bids were received Thursday,August 8,2002,for furnishing all labor, materials, supplies and equipment necessary for the structural and foundation repairs necessary at the Beaumont Community Health Clinic. The foundation has settled causing structural damage to the building. Repairs include stabilizing the foundation, repairing damaged masonry and replacing structural roof supports. The bids received are as follow: Contractor Price Completion Time Eagle-Pro Engineering,Inc. $63,098 60 days CogBill Construction $81,257 65 days Cleveco Construction $88,410 60 days Goss Building, Inc. $89.524 70 days Foundation Repairs October 10, 2002 Page 2 Contractor Price Completion Time Premium Construction $91,596 75 days Brystar Contracting $102,393 45 days Structural Preservation Systems $113,645 40 days The bid submitted by Eagle-Pro is considerably lower than the other bids received. Staff and the City's consultant, Sigma Engineers, Inc., met with Eagle-Pro representatives to discuss and review their bid and the scope of work. The consultant and Staff are confident that the project can be completed in accordance with the specifications. The project is expected to begin in late October and be completed in sixty(60)days. The Building Services Division and the consultant, Sigma Engineers, Inc., will monitor the project. Eagle-Pro Engineering plans to subcontract 16% of the project to a minority business enterprise. BUDGETARY IMPACT Funding is available in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED ACTION Approve/Deny the award of a bid to Eagle-Pro Engineering, Inc. in the amount of$63,098 for furnishing all materials,labor,equipment and supplies necessary to retrofit structural steel and repair the foundation at the Beaumont Health Clinic. 5 October 22,2002 Consider funding for the South East Texas Regional Planning Commission City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Consider authorizing the payment of Fiscal Year 2003 South East Texas Regional Planning Commission membership dues in the amount of$29,299.69. RECOMMENDATION The Administration recommends approval of the payment of$29,299.69 for membership dues for the South East Texas Regional Planning Commission. BACKGROUND The City of Beaumont and other governmental entities in Southeast Texas pay membership dues for th South East Texas Regional Planning Commission(SETRPC) on an annual basis to pay for such programs as the Criminal Justice Program, Area Agency on Aging Program and Retired Senior Volunteer Program. In response to current events, the Office of the Governor has urged Regional Planning Commissions across the state to coordinate the compilation of a Homeland Security Regional Strategic Plan. Currently there is no state funding appropriated toward this effort. The SETRPC budget committee has recommended a special prorated assessment to all member cities to fund this request. It is anticipated that this will be a one-time assessment. The amount related to Homeland Security for the City of Beaumont and included in the $29,299.69 FY 2003 dues, is $9,318.06. The amounts related to the other program areas are consistent with FY 2002. BUDGETARY IMPACT The FY 2003 appropriation did not include the additional assessment for Homeland Security, however funds are available in the FY 2003 General Fund budget. PREVIOUS ACTION None. October 16, 2002 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager RECOMMENDED MOTION: Approve/Deny the payment of$29,299.69 for membership dues for the South East Texas Regional Planning Commission. 6 October 22,2002 Consider funding for the Partnership of Southeast Texas Cit y of Beaumont ter• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 15, 2002 REQUESTED ACTION: Consider funding in the amount of$20,000 for the Partnership of Southeast Texas. RECOMMENDATION The Administration recommends funding the Partnership of Southeast Texas$20,000 for FY 2003 from the City's General Fund. BACKGROUND The Partnership of Southeast Texas(POST)is a nonprofit,economic development corporation that works to develop cooperative efforts on a regional basis.Its purpose is to facilitate the retention and creation of jobs in a nine-county area that includes Chambers, Hardin, Jasper, Jefferson, Liberty, Newton, Orange and Tyler Counties and the Bolivar Peninsula in Galveston County. BUDGETARY IMPACT This summer the City faced a seemingly insurmountable budget deficit of$5.9 in the initial phases of budget preparation. This was brought on by a number of factors including lower than anticipated sales tax collection and appraised values and industry wide increases in the cost of employee health benefits. All operating costs were reviewed and adjusted according to the direct benefit to the Citizens of Beaumont.Administration worked diligently toward the elimination ofthis budget deficit implementing cost control strategies such as an employee wage freeze, health plan benefit adjustments and the layoff of non-essential personnel.Through this diligence,the deficit was brought down to an acceptable level.In light of this difficult budget year,the proposed FY 2003 funding for POST has been reduced from prior year funding levels by$5,000 to $20,000. Funds are available in the FY 2003 General Fund budget. October 15, 2002 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager RECOMMENDED MOTION: Approve/Deny authorizing a one year contract with the Partnership of Southeast Texas in the amount of$20,000. WORK SESSION * EMS Billing and Collection Software INTER-OFFICE MEMORANDUM ,in EL.lam! City of Beaumont,Texas Cash Management Date: October 16, 2002 To: Kyle Hayes,City Manager From: Kandy Daniel, Treasurer -kD Subject: EMS billing and collection software COMMENTS Background Proposals were received in December 1999 and again in November 2001 to consider contracting out EMS billing and collection services. In both instances analysis determined it to be more cost effective if the service remained with City staff. A presentation was made to the EMS task force on January 10,2002 and the committee concurred with staff analysis. The task force also agreed that the City should look at purchasing new software from a company who specializes in EMS billing in order to streamline the billing process and enhance the current revenue stream. During February and March 2002, a workflow and study was performed by the Information Services Division and an EMS software committee was established to review possible replacements for the current EMS billing software. The committee looked for software with the functionality to meet the City's needs with no modifications required and also allow for future growth so that data could be captured in the field and fed electronically to the billing staff. It was found that several software companies could meet those needs and a request for proposal was developed and distributed in May 2002. Two(2)proposals were received from Pinpoint Technologies,Inc. and Sweet Software for the purchase of EMS billing software on June 13,2002. Billing Process The Cash Management Division currently enters and processes approximately 9,000 EMS run sheets per year generating a net billable amount of approximately$3.5 million. Staff processes approximately 2,000 accounts per month. These include approximately 750 new accounts and 1,300 to 1,500 pending accounts. On new accounts staff verifies patient and insurance information, applies the appropriate medical codes, edits diagnosis and narrative information prior to initiating invoices and filing claims both electronically and on paper. When payments are received, staff credits payments to appropriate accounts, files claims for unpaid balances to secondary insurance companies and sends statements to patients. Unallowed amounts for Medicare and Medicaid are adjusted off at this time. Active accounts must be continually reviewed and monitored to ensure that payment is received in a timely fashion. Statements for all active accounts are sent out monthly and a collection agency is utilized for accounts which staff is unable to collect. Existing Software Existing EMS billing software is labor intensive, lacks accurate payment and account tracking and data entry is cumbersome and redundant. There have been numerous problems transmitting claims electronically and ongoing software problems which have restricted collection efforts. Approximately 22%of the claims are billed to private insurance, 18%to Medicaid, 36%to Medicare and 24%to patients without insurance(self pays). Beaumont's high percentage of Medicare,Medicaid and self pay customers make collection efforts difficult and the lack of accurate account tracking is detrimental to the collection process. The current system does not provide staff with a prompt to review accounts and follow up on claims after a designated period of time. Claims to insurance companies,Medicare and Medicaid must be submitted within a specified period of time for review and payment processing. This year approximately$170,000 in otherwise collectible claims have been written off because they were not discovered until it was past the filing deadline for Medicare or Medicaid. These claims covered incidents for the previous three(3)years which means that the City lost approximately$58,000 annually in revenue due to tracking deficiencies with the current software. The purchase of new software from a company that specializes in EMS billing would alleviate these problems and would be less expensive than rewriting the existing software. New Software Software from Pinpoint Technologies was found to be user friendly and organized with the ability to prioritize accounts receivable,billing and collections. The software has the ability to track accounts on a daily basis thus providing staff with notification as accounts near the end of their cycle. The software prompts the user when the claim does not meet payor requirements before it is sent,thus reducing errors and processing time. The system is also capable of importing electronic payments received from Medicare and Medicaid and automatically posts adjustments for unallowed amounts which reduces the amount of time required for manual posting of payments and adjustments.Pinpoint agrees to comply with all changes in state and federal regulations related to Medicare, Medicaid and Insurance. They also offer a field reporting module which captures data in the field at the paramedic level and feeds it electronically to the billing staff. Although budgetary constraints have restricted the purchase of the field reporting module at this time, it will allow for future growth to further increase productivity and enhance revenues for the City. Staff recommends award of a bid for EMS Billing and Collection software to Pinpoint Technologies in the amount of$64,250. Sweet submitted a proposal for their billing and collection system in the amount of$39,995. Although the price is less than the Pinpoint system,the Sweet software does not offer as much growth potential. It does not have a fully integrated field reporting system, it is not capable of importing payments directly from Medicare and Medicaid electronically and the standard reports were limited. Site visits were made to entities using software from each company and it was determined that Pinpoint would be the best choice for the City. Additional components and hardware needed for either software totals approximately$36,200. This cost includes $13,000 for an imaging setup and scanner which will alleviate the need to for paper files and make the records easier for staff to access and followup on. If City Council approves the purchase from Pinpoint,the total cost of hardware and software is approximately$100,000. New EMS software will help streamline the billing process and improve reporting capabilities. It will allow more efficient tracking and follow up of claims,thereby improving the City's cashflow. Better efficiency and productivity will lead to increased revenues for the City. Revenues Revenues received for FY02 total $1.9 million which is $500,000 or 35%more than the previous year. This is due in part to a rate increase that went into effect October 1,2002 and in part to increased collection efforts. It is estimated that the purchase of new software will increase revenues approximately$8,500 per month or$102,000 annually which means that the total cost of the hardware and software can be recouped in a 12 month period. Implementation of the software including installation and training can be completed in a 4 to 5 month time frame. If the software is fully operational by March 1,2003,the City could realize approximately$59,500 in additional revenue for FY03. I QIN K. -Z 2 City of Be-aurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 22, 2002 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Approve a resolution authorizing the acceptance of a 20' general unity easement along Walden Road B) Approve a settlement of the claims of Crown Electric, M&D Supply, Delta Air Conditioning and Ritter Lumber Company arising from the Tyrrell Park Stables construction C) Approve a resolution providing for compensation and retirement benefit contributions for the City Attorney for FY2003 at the same level as 2002 D) Approve amending a contract from the 2000 and 2001 HOME Program with the Beaumont Community Housing Development Corporation(BCHDO) by allocating an additional$6,000.00 from the 1999 HOME CHDO Operating line item to pay eligible operating costs, and eligible costs associated with new construction A O% City of Beaumont aw- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 15, 2002 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 20' general utility easement along Walden Road. RECOMMENDATION Mickey Phelan B Land L. P., through its managers Patrick and Michael Phelan, have agreed to convey the following easement to the City of Beaumont: 20' wide general utility easement - tract of land parallel with and abutting the north right-of-way line of Walden Road; between FM 364/Major Drive and Willow Bend Drive; out of Charles Williams Survey, Abstract 59 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to accommodate the construction, alteration, operation and maintenance of the utility improvements and their appurtenances along Walden Road. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of a 20' general utility easement along Walden Road. SUBJECT UTILITY EASEMENT aZ � Q z = o o N 20' WIDE GENERAL CASEY Z HUMBLE o UTILITY EASEMENT JONES �>J Q TRACT OF LAND = w =zQ a w WILL Wo WAY PARALLEL WITH AND FELIX� � �F4 ABUTTING THE NORTH w RIGHT—OF—WAY LINE OF 3 T Rar WALDEN ROAD: BETWEEN zP� R. R'nuL era. W o FM 364/MAJOR DRIVE WALDEN = =KEMPER AND WILLOW BEND P ��NEA°LES DRIVE: OUT OF CHARLES ��F~ = ERION WILLIAMS SURVEY, Q MAHO AN FqT y°J Z RIVI J CN Z y ABSTRACT 59 IN�e� oa�o�oa F WILLOW NFS C ZfeK w OWNER: MICKEY PHELAN d BAYH[LL �� ���U B LAND L.P. CIRCLE W ����o A 3d F8 LEGEND L_OCATI°N MAP N.T.S. SUBJECT PROPERTY f U h/J q q a 4 7 z ` s itf X ► I 3 i 14 P O Q or W x �gow Q �—,— c5 8 n. 4y _ $ _ u..J °/•� saM. ' calve r - (,L.. S Nu � ft» N.fi Mn RJ �s » s THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X GENERAL UTILITY EASEMENT That, MICKEY PHELAN B LAND L.P., a Texas Limited Partnership., of the County of Jefferson, State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a General Utility Easement and the right to construct, alter, and maintain general utility improvements and appurtenances on the hereinafter described lands which said easement is under, over in and across that certain tract or parcel of land owned by GRANTOR situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Being a twenty foot (20') wide easement situated in the Charles Williams Survey, Abstract No. 59 in Jefferson County, Texas and being a part of that certain 15 1.10 acre remainder tract (154.10 original acres) described as Tract No. 7 in a deed to Frank Phelan, Trustee for the P. N. Phelan Trust No. 1 of record in Volume 1649, Page 362 of the Deed Records of Jefferson County, Texas, said twenty foot (20') wide easement being more particularly described as follows; Being a twenty foot (20') wide strip of land parallel with and abutting the existing north right of way line of Walden Road between the existing east right of way line of F.M. 364 (Major Drive) and the existing west right of way line of Willow Bend Drive. Page 1 of 3 The easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and removing general utilities and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tract of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this 141 day of 2002. MICKEY PHELAN B LAND L.P., a Texas Limited Partnership By: ELEVEN PHELAN B L.L.C., General Partner By: ""� Y y: ATRICK PHELAN, Manager HAEL PHELAN, Manager ACKNOWLEDGMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X Before me,the undersigned authority,personally appeared PATRICK PHELAN, Manager, for and on behalf of Eleven Phelan B L.L.C., General Partner, for and on behalf of MICKEY PHELAN B LAND L.P., a Texas Limited Partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed Page 2 of 3 the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this T day of "be") A.D. 2002. N�OOtt,N MELANIE G.WILLIAMS ` � L ,�n NOTARY PUBLIC Notary Public, State of Texas n STATi OF TQXAS My Coniin,Expiru 11:14=1004 ACKNOWLEDGMENT THE STATE OF TEXAS X COUNTY OF JEFFERSON X Before me, the undersigned authority, personally appeared MICHAEL PHELAN, Manager, for and on behalf of Eleven Phelan B L.L.C., General Partner, for and on behalf of MICKEY PHELAN B LAND L.P., a Texas Limited Partnership, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this �y 9h day ofCia A.D. 2002. Notary Public, State of Texas -------- RETURN TO: [(*MELANIE G. WILLIAMS City of Beaumont NOTARY PUBLIC Ronn ie L. Pullin STATE Of TEXAS P. O. Box 3827 My Comm.Expires 11.14.2004 Beaumont, TX 77704 bealbank.esm Page 3 of 3 B UCity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Council approval of the settlement of the claims of Crown Electric, M&D Supply,Delta Air Conditioning and Ritter Lumber Company arising from the Tyrrell Park Stables construction. RECOMMENDATION: The Administration recommends approval of a resolution authorizing the settlement of the claims of Crown Electric, M & D Supply, Delta Air Conditioning and Ritter Lumber Company totaling $37,266.30 with a payment of 80% of each claim, totaling $29,813.04. BACKGROUND Under a lease contract with Jeff Hughes,d/b/a Tyrrell Park Stables,Mr.Hughes was to make certain improvements to the City property known as Tyrrell Park Stables. In that construction,Mr.Hughes failed to make payments to many claimants, four of whom, Crown Electric,M&D Supply, Delta Air Conditioning and Ritter Lumber Company, properly filed claims against the City alleging the project to be a public works construction project which would have required a payment bond. Because the City has substantially benefitted from the work and because it is possible the claimants could not have prevailed in their allegations,the parties agreed on a settlement at 80%of the total amount due. Payments will be made as follows: Crown Electric - $16,715.71 M &D Supply - $ 1,029.22 Delta Air Conditioning - $ 7,087.30 Ritter Lumber Company - $ 4,980.90 BUDGETARYIMPACT Funds for these payments are available in the Liability Trust Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney and City Manager. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Attorney to settle the claims of Crown Electric,M &D Supply,Delta Air Conditioning and Ritter Lumber Company. c City of Beaumont Council Agenda Item AIM: ML TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Human Resources Director MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Consider approval ofa resolution providing for compensation and retirement benefit contributions for the City Attorney for FY 2003 at the same level as 2002. RECOMMENDATION Administration recommends approval of the attached resolution providing compensation and retirement contribution for the City Attorney for fiscal year 2003. BACKGROUND The City Attorney employment conditions provide for an annual evaluation and setting of compensation by Council. Based on the annual performance review of the City Attorney, Council has agreed to provide for a salary level as 2002 and a contribution for retirement at the same level as 2002. BUDGETARY IMPACT Funds are available in the FY 2003 budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. RECOMMENDED MOTION Approve/Deny a resolutionproviding compensation and retirement contribution for the CityAttorney for FY 2003. D City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Coordinator/Interim Grants Administrator MEETING DATE: October 22, 2002 AGENDA MEMO DATE: October 16, 2002 REQUESTED ACTION: Council consider a request to amend a contract for $171,500.00 from the 2000 and 2001 HOME Program with the Beaumont Community Housing Development Corporation(BCHDO) by allocating an additional $6,000.00 from the 1999 HOME CHDO Operating line item to pay for the cost of its annual audit, as per contract requirements,and eligible costs associated with new construction. RECOMMENDATION Council consider a request to amend a contract for$171,500.00 from the 2000 and 2001 HOME Program with the Beaumont Community Housing Development Corporation(BCHDO) by allocating an additional $6,000.00 from the 1999 HOME CHDO Operating line item to pay for the cost of its annual audit, as per contract requirements, and eligible costs associated with new construction. BACKGROUND Council approved a contract for$171,500 with Beaumont CHDO on November 6,2001 for eligible project costs related the development ofup to seven(7)new homes in neighborhoods targeted for revitalization.The contract does not allow for any operating costs. The City can allocate up to 5%of its annual entitlement to a CHDO for eligible operating costs. BUDGETARYIMPACT The additional allocation of$6,000.00 to the Beaumont CHDO will come from the 1999 HOME CHDO Operating line item. PREVIOUS ACTION Council approved a contract for$171,500.00 with Beaumont CHDO on November 6, 2001, Res#01-266, for eligible project costs related the development of up to seven(7) new homes in neighborhoods targeted for revitalization. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Planning Manager,and Housing Coordinator/Interim Grants Administrator. RECOMMENDED MOTION Approve/Deny a request to amend a contract for$171,500.00 from the 2000 and 2001 HOME Program with the Beaumont Community Housing Development Corporation(BCHDO)by allocating an additional $6,000.00 from the 1999 HOME CHDO Operating line item to pay for the cost of its annual audit, as per contract requirements, and eligible costs associated with new construction. Page 2