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MIN JULY 22 2003 I M I N U T E S - CITY OF BEAUMONT Lulu L.Smith EVELYN M. LORD, MAYOR Nancy Beaulieu Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson July 22,2003 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 July 22, 2003, 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 Evelyn Lord called the meeting to order at 1:31 p.m. City Attorney Lane Nichols said the invocation. City Manager Kyle Hayes led the Pledge of Allegiance. Roll call was also made by the City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Cokinos, Samuel, and Patterson. Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk. Councilmember Nancy Beaulieu was absent from the meeting as she was out of town. Proclamations, Presentations, Recognitions • A Proclamation was read by Mayor Evelyn Lord recognizing July 21 through July 25 as Dan Hallmark Week in Beaumont. Dan Hallmark has served the community for the past 38 years in the banking industry. Mr. Hallmark is a native of Jacksonville, Texas, and graduated from Tyler Jr. College and Lamar University with honors, where he received his BBA in Business Management. He then graduated from Southwestern Graduate School of Banking at SMU. Mr. Hallmark spent his professional life in Beaumont, working his way up through the ranks, and is now retiring from Hibernia National Bank of Beaumont as its Regional Chairman on July 31, 2003. Mr. Hallmark has been actively involved in civic affairs and projects. He has held responsible positions on many boards and organizations,such as The Boy Scouts of America Three River Council, Beaumont Chamber of Commerce, Rotary Club of Beaumont, Texas State University System and the Mental Health Association. Public Comment: Persons may speak on scheduled General Business Agenda Items1-4 or on the Consent Agenda. Mervin Howard, on behalf 3125 Hollywood Beaumont, TX of his mother, Mary Howard Mr. Howard addressed Council in reference to General Business Item No. 4 regarding a consideration to be made by Councilmembers at the request of Councilmember Bobbie Patterson to amend Ordinance No. 03-004 to remove the structure located at 3136 Hollywood from the condemnation order. Mr. Howard requested an extension in order to rehabilitate the structure. CONSENT AGENDA Approval of minutes - Minutes of July 15, 2003 Confirmation of committee appointments - RESOLUTION 03-152 Kathleen Jackson would be appointed as Chairman of the Keep Beaumont Beautiful Commission. The term would commence July 22, 2003 and expire July 21, 2004. (Mayor Evelyn M. Lord) A) Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office - RESOLUTION 03-153 B) Approve the purchase of a precast concrete box culvert for the rehabilitation of Jane's Gulley Outfall Ditch No. 111 - RESOLUTION 03-154 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving an ordinance providing for a special election to present to the voters certain amendments to the City Charter of the City of Beaumont and other provisions relating to the subject. Minutes-July 22,2003 i Council has met in public sessions to discuss charter changes and amendments for presentation to the voters of the City of Beaumont for their consideration. Administration recommended approval of an ordinance calling a Special Election on September 13,2003 for the purpose of submitting to the voters, certain proposed amendments to the existing charter of the City of Beaumont,Texas, as well as approving the proposed Precinct voting locations, Precinct Election Judges and Precinct Alternate Judges. Mayor Pro Tern Smith moved to approve ORDINANCE 03-053 AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON THE 13T" DAY OF SEPTEMBER, 2003, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY;STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING POLLING PLACES AND APPOINTED OFFICIALS FOR SUCH ELECTION;AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Patterson seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 2. Consider approving an annual contract for Professional Auditing Services. Administration and Audit Committee recommended approval of an annual contract with an annual renewal option for a period of three additional years beginning October 1, 2003, with the accounting firm of Cook Shaver Parker& Williams, CPAs. This firm is located in Beaumont and is comprised of 15 professionals, 11 CPAs, of which six have national firm experience. The firm has served as the City's auditor from 1993-1996 and is familiar with the operations of the City. Councilmember Cokinos moved to approve RESOLUTION 03-155 AWARDING A ONE(1)YEAR CONTRACT WITH THE OPTION TO RENEW ANNUALLY FOR A PERIOD OF THREE ADDITIONAL YEARS TO COOK,SHAVER,PARKER&WILLIAMS IN THE AMOUNT OF$62,550.00 ANNUALLY FOR PROVING PROFESSIONAL AUDITING SERVICES. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Minutes-July 22,2003 3. Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service - TEEX to utilize the State Homeland Security sub-grant. Texas had 15 million dollars available for Weapons of Mass Destruction Response Equipment from the Department of Justice (DOJ) as part of the fiscal year 2002 State Domestic Preparedness Program. All Cities were vigorously urged to participate in an assessment of risk,capabilities and needs. The City of Beaumont submitted an application April 9, 2003. TEEX, who is responsible for allocating the DOJ grants, notified Mayor Evelyn Lord by way of the Council of Government(COG)that the City of Beaumont would receive a base equipment grant in the amount of$119,435. TEEX also provided a regional allocation of$704,861 to the COG of which $60,000 has been awarded to the City to be used for equipment based upon regional needs. These two amounts combined equals the total amount awarded of $179,435.00 to the City of Beaumont. The awarded amount is to be utilized as outlined on Exhibit "A" attached hereto. Councilmember Cokinos moved to approve RESOLUTION 03-156 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT INITIATING A CONTRACT TO UTILIZE THE STATE HOMELAND SECURITY SUB-GRANT. Mayor Pro Tem Ames seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood. Councilmember Bobbie Patterson requested Councilmembers to reconsider removing the structure located at 3136 Hollywood from a condemnation order issued by the passing of Ordinance 03-004 on January 21, 2003, so the owner could rehabilitate the structure. Council gave the owner 120 days to complete repairs on this structure on January 21,2003 or the structure would be razed. The owner received final notification from City staff on June 11, 2003 for non-compliance with the City Council's order. Councilmember Patterson confirmed with the owner's son, Mr. Mervin Howard, that he understood if Council granted addition time, his mother must enroll in a work program within ten (10) days from this meeting date. Councilmember Patterson also reiterated to Mr. Howard that significant work or the structure was not up to code within the time to be allotted by Council, the structure would be demolished without any further notification to the property owner or Council action. Minutes-July 22,2003 Councilmember Patterson moved to approve ORDINANCE 03-054 ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.03-004 TO REMOVE THE STRUCTURE LOCATED AT 3136 HOLLYWOOD FROM SECTION 3 OF ORDINANCE NO.03-004 AND ORDERING THE OWNER OF THE STRUCTURE AT 3136 HOLLYWOOD TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES,COUNCILMEMBER SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. PUBLIC HEARING Mayor Lord called a Public Hearing open at 1:48 p.m. to receive comments on proposed transit fare increases. William Procter 4340 Westridge Beaumont, TX Mr. Procter stated he felt the proposed fare increases could cause financial problems for those citizens on a fixed income. He asked Council to consider tabling a vote on this Agenda Item to allow the Administration** more time to apply for additional government funding. **MAYOR LORD CONFIRMED WITH CITY MANAGER KYLE HAYES THAT THE CITY HAD EXHAUSTED ALL OPEN AVENUES TO SECURE FUNDING FOR THE TRANSIT SYSTEM. MR.HAYES EXPLAINED THAT THE TRANSIT'S DEFICIT HAS INCREASED FROM $42,000.00 A FEW YEARS AGO TO A PROJECTED DEFICIT OF MORE THAN $110,000.00 FOR THIS YEAR. MAYOR LORD ALSO INFORMED THOSE PRESENT THAT THE FEDERAL GOVERNMENT BEGAN LIMITING FUNDING AMOUNTS AND THAT THE CITY WOULD NOT RECEIVE THE TYPE FUNDING NORMALLY GRANTED FOR THE TRANSIT SYSTEM. CITY MANAGER HAYES ALSO STATED THE CITY WAS ADDING ADDITIONAL BUSES TO RESTORE THE NUMBER OF ROUTES ONCE AVAILABLE A YEAR AGO. Carolyn Perry 3445 Kenwood Beaumont, TX Mrs. Perry expressed her opposition to the proposed transit fare increases. She stated she felt it would be an added burden to those citizens on a fixed income, especially those persons who use the bus for numerous doctor appointments and other routine matters. She too asked Council to table this Agenda Item for a few weeks. NO OTHER INDIVIDUALS CAME FORWARD TO ADDRESS CITY COUNCIL. MAYOR LORD CLOSED THE PUBLIC HEARING AT 1:55 P.M.AND RESUMED COUNCIL MEETING. Minutes-July 22,2003 5. Consider amending Sections 28-5 and 28-6 of the Code of Ordinances establishing new and increasing existing regular and special transit fares effective October 1, 2003. Administration recommended approval of this Agenda Item as the Beaumont Municipal Transit is projected to have a$110,000.00 deficit for FY2003 and the fare increases would generate between $370,000.00 and $420,000.00 annually. Administration is also anticipating reductions in federal and state funding for the transit system. The recommended changes in fares are as follows: TYPE OF FARE EXISTING FARE PROPOSED FARE Adult Fare $ 1.00 $ 1.25 (19 yrs.and older) Reduced Fare (Elderly,disabled,or persons 6 to 18 years) $ 0.50 $ 0.75 Adult Monthly Pass $ 30.00 $ 40.00 Reduced Adult Monthly Pass (Elderly,disabled or persons 6 to 18 years $ 20.00 $ 30.00 Transfers Free $ 0.25 Administration also recommended fare increases for the Beaumont Municipal Transit's Special Transit System as follows: TYPE OF FARE EXISTING FARE PROPOSED FARE Transit restricted or transit limited persons fare,one-way trip $ 2.00 $ 0.25 Transit restricted or transit $ 60.00 $ 80.00 limited persons, monthly pass Transit restricted or transit limited persons, Fully Allocated Cost NSA $ 20.00 At the request of Mayor Lord, City Manager Kyle Hayes explained that this Agenda Item should not be delayed. Mr. Hayes explained that in the past monies were transferred from the General Fund to the Transit System but there is no available money to transfer to reduce the anticipated deficit of the Beaumont Municipal Transit System. He also explained that three (3) to four (4) years ago, the transferred amount would average $700,00.00 and the past few years that amount has increased to $1 to $2 million. Councilmember Samuel asked City Manager Hayes when a management evaluation had been completed Minutes-July 22,2003 or when was one scheduled. City Manager Hayes conferred with staff and reported an evaluation had been done in the past year. Councilmember Samuel asked if the results of that evaluation had been distributed to Council for review. Mr. Hayes stated that had not been done. He also assured Councilmember Samuel he would work with Public Works Director Tom Warner to provide an evaluation to Councilmembers within the next two (2) weeks. Mayor Pro Tern Ames moved to approve ORDINANCE 03-055 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTIONS 28-5 AND 28-6(C)(1) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE AND ADD REGULAR AND SPECIAL TRANSIT FEES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. COUNCILMEMBER COMMENTS Councilmember Smith - None Councilmember Beaulieu - None Councilmember Cokinos - None Mayor Pro Tem Ames - None Councilmember Samuel - None City Manager Kyle Hayes - None City Attorney Lane Nichols - None Mayor Evelyn Lord stated she had received a number of telephone calls from citizens who had observed employees of lawn services blowing grass and debris in sewer drains. She announced that Public Works Director Tom Warner would be sending correspondence to owners of lawn services within the City of Beaumont reminding them they should prohibit their employees from blowing debris in gutters and sewer drains. Minutes-July 22,2003 Public Comments (Persons are limited to three minutes) Clarence Provost 2170 Washington Blvd. Beaumont, TX Mr. Provost readdressed Mayor Lord and the rest of Council to help him enact a program through KFDM television station that would provide information to citizens about convicted felons as well as show identifying pictures those felons. He proposed to call the program "Beaumont Citizen Right to Know. Convicted Criminal Crime of the Day." Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:10 p.m. Mayor Evely Lord Susan Henderson, City Clerk Minutes-July 22,2003