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Home My WebLink AboutMIN DEC 10 2002 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson December 10, 2002 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met for a Special session on December 10, 2002, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 9:00 a.m. to consider the following: CALL TO ORDER * ROLL CALL Present were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel, and Patterson. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk. EXECUTIVE SESSION Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Interview candidates for the position of Municipal Court Magistrate M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson December 10, 2002 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on December 10, 2002, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:32 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 Evelyn Lord called the meeting to order at 1:32 p.m. Rabbi Barbara Metzinger of Temple Emmanuel gave the invocation. Councilmember Ames led the pledge of allegiance. Roll call by Susan Henderson, City Clerk. Present were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. None CONSENT AGENDA Approval of minutes - Minutes of November 26, 2002. Confirmation of committee appointments - Resolution 02-286 Carlos Hernandez would be reappointed to the Community Development Advisory Committee. The current term will expire April 22, 2004. (Mayor Evelyn M. Lord) Tracy Richardson would be reappointed to the Historical Landmark Commission. The current term will expire January 15, 2004. (Mayor Evelyn M. Lord) Philip Long would be reappointed to the Historical Landmark Commission. The current term will expire August 31, 2004. (Mayor Evelyn M. Lord) E.J. Sherlock would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term will expire October 14, 2004. (Councilmember Guy Goodson) Dale Hallmark would be appointed as Vice-Chairman of the Historical Landmark Commission. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) Gene Arnold would be appointed as Chairman of the Small Business Revolving Loan Fund Advisory Committee. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) Adrian Hudspeth will be reappointed to the Parks and Recreation Advisory Committee. His term will expire September 21, 2004. (Councilmember Audwin Samuel) E.J. Sherlock would be appointed as Vice-Chairman of the Small Business Revolving Loan Fund Advisory Committee. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) A) Approve a bid for the clearing of trees and vegetation on approximately 28 acres adjacent to the Wastewater Treatment Plant - Resolution 02-287 B) Approve the settlement of the lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont - Resolution 02-288 Councilember Coki nos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None GENERAL BUSINESS 1. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of Certificates of Obligation or other tax exempt obligations. Administration requested approval of a resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations and other capital improvements and provide for the reimbursement of costs incurred prior to issuance. It is necessary to incur some of the costs associated Minutes -December 10,2002 Page 2 with these projects prior to the issuance of the obligations. It is the City's intent to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. Costs include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property, and construction and development costs. All debt and other expenses shall be incurred by the Debt Service Fund which is supported by property taxes. Subsequent Council action will be requested to approve the issuance of approximately $9 million in Certificates of Obligation in February, 2003. Councilmember Goodson moved to approve Resolution 02-289 concerning the issuance of Certificates of Obligations or other tax exempt obligations to finance street and drainage improvements, building renovations and other capital improvements and provide for the reimbursement of costs incurred prior to issuance. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 2. Consider approving funding for the Chamber of Commerce for Economic Development purposes. Administration recommended funding for the Chamber of Commerce in the amount of $55,000.00 for Economic Development purposes. The funds will be used for marketing Beaumont and business retention/recruitment efforts. Funds are budgeted for this expenditure in the FY 2003 Budget. Councilmember Cokinos moved to approve Resolution 02-290 approving funding for the Chamber of Commerce in the amount of$55,000.00 for economic development purposes. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 3. Consider approving a one-year renewal contractwith Carolyn C.Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant. Administration recommended approval of a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. in the amount of$53,130.00. The contract will also include a maximum of $4000.00 for reimbursable expenses. The contract amount and reimbursement expenses have remained the same as in the 2001 and 2002 contract. This contract will be effective January 1, 2003. Minutes -December 10,2002 Page 3 The City has contracted with an organization to provide legislative services on the federal level since 1980. Ms. Chaney, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Funds for the contract amount are budgeted in the FY 2003 Budget. Councilmember Cokinos stated he opposed this motion because local Congressman and Senators can provide the same information without having to pay them a large sum of money. Councilmember Cokinos also felt Ms. Chaney's firm could not give proper attention or priority to the City of Beaumont since her firm represents one other city in the State of Texas and six other cities throughout the United States. Councilmember Samuel moved to approve Resolution 02-291 approving a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. to act as the City of Beaumont's Washington Assistant. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Ames, Samuel and Patterson Nays: Councilmember Cokinos 4. Consider approving a contract for the Curb Ramp Installation Project. Administration recommended approval and execution of a contract with Brystar Contracting, Incorporated in the amount of $130,730.00 for the Curb Ramp Installation Project. The MBE goal will be met through subcontracts with certified MBE firms. Advertisement of this project led to the attendance of six (6) local contractors to the required pre-bid meeting on November 6,2002. On November 13, 2002,the City received one (1) bid for the Curb Ramp Installation Project in the amount of $130,730.00 from Brystar Contracting, Incorporated. This project will be funded from the City Street Rehabilitation Fund. Mayor Pro Tern Smith moved to approve Resolution 02-292 authorizing the award of a contract for the Curb Ramp Installation Project in the amount of $130,730.00 to Brystar Contracting, Incorporated. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 5. Consider approving an ordinance directing the Finance Director to establish an account known as the "Beaumont Public Library System Endowment Trust". Minutes -December 10,2002 Page 4 Administration recommended approval of an ordinance establishing the Beaumont Public Library System Endowment Trust and authorizing the acceptance of the devise from the estate of David E. Dickerson in the form of securities to be held by our depository bank, Hibernia Bank, until such time as the securities are sold and the money transferred to the Beaumont Public Library System Endowment Trust. On November 20,2001, David E. Dickerson,a former resident of Beaumont, passed away in Washington, D.C. His will left the residuary of his estate "absolute and in fee simple to the City of Beaumont, Texas, to be credited to the Beaumont Public Library System Endowment Trust, the income only therefrom to be used for the purchase of books, not computer software, selected by the Director of Public Libraries of the Beaumont Public Library System with the approval of the Beaumont Library Commission". Because the bulk of the devise to the City will be in securities, which are not a lawful investment by the City, it is recommended that the securities be deposited with our depository bank until such time as they are sold, at which time,the cash can be transferred to the Beaumont Public Library System Endowment Trust account to be held by the City of Beaumont. At present, the account appears to be valued at somewhere between $600,000.00 and $700,000.00. Councilmember Goodson moved to approve Ordinance 02-100 agreeing to accept the residuary estate from the Estate of David E. Dickerson,directing that the securities be held by the City's depository bank, Hibernia Bank, and, when the securities are sold, that the money be transferred to a trust account to be established within the Beaumont financial system named the"Beaumont Public Library System Endowment Trust". Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None 6. Consider granting a new Solid Waste Collection and Transportation Service Franchise. Administration recommended granting a Solid Waste Collection and Transportation Service Franchise to IESI TX Corporation (IESI). This was the final reading of the three required by ordinance to be granted a franchise agreement. IESI has requested that the City grant the company a franchise agreement for collecting, hauling and transporting garbage or refuse from locations in the City, and the disposal of such material. The City ordinances mandates a franchise agreement is required prior to a firm conducting business within the city limits. Currently, five (5)firms have nonexclusive franchise agreements with the City and are doing business in this area. The requested franchise agreement is generally the same as those previously approved by the City Council. It provides for a one year term from its effective date and a franchise fee of seven percent(7%)of gross revenues received for service. It also requires the firm to indemnify the City and provide insurance with names the City of Beaumont as a named insured. The Franchise ordinances require readings at three (3) separate Council meetings, with Minutes -December 10,2002 Page 5 the third not less than thirty (30) days from the first reading. The ordinance takes effect sixty(60)days after its adoption on the third and final reading. City Council was presented with the first reading of the franchise request on October 29, 2002. The second reading was performed during the November 12, 2002 City Council meeting. Councilmember Cokinos moved to approve the third and final reading of Ordinance 02- 089 granting a Solid Waste Collection and Transportation Services Franchise to IESI TX Corporation. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson. Nays: None WORK SESSION (Mayor Lord excused herself from the meeting due to illness. Mayor Pro Tern Smith presided over Council meeting until adjournment.) • Chief of Police, Tom Scoffield, presented a proposed Tow-Truck Ordinance. COMMENTS Councilmembers comment on various matters Mayor Pro Tom Smith None Councilmember Goodson stated he would not be in favor of voting on the proposed Tow Truck Ordinance at the next Council Meeting until all pertinent material had been provided him for review. Councilmember Cokinos - None Councilmember Samuel - None Councilmember Patterson - None City Manager Kyle Hayes - None Minutes -December 10,2002 Page 6 Public Comments (Persons are limited to three minutes) None There being no further business, the meeting adjourned at 2:10 p.m. Audio and video tapes are available upon request in the City Clerk's Office. Mayor Evelyo Lord Susan Henderson, City Clerk Minutes -December 10,2002 Page 7