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MIN OCTOBER 7 2003 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 October 7,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager The City Council of the City of Beaumont, Texas, met in a regular session on October 7, 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 1:30 p.m. Associate Pastor Margaret Desmond, of St.Andrews Presbyterian Church said the invocation. CouncilmemberAudwin Samuel led the Pledge of Allegiance. Roll call was made by Betty Braxton, Deputy City Clerk. Present at the meeting were Mayor Lord, Mayor Pro Tern Ames, Councilmembers Smith, Beaulieu, Cokinos, Samuel and Patterson, Also present were Kyle Hayes, City Manager; Lane Nichols, City Attorney; Betty Braxton, Deputy City Clerk. Proclamations, Presentations, Recognitions Mayor Lord read a proclamation stating that October is the kick-off month for a year round program that highlight the abilities and contributions of Americans With Disabilities. On July 26, 2003 the nation celebrated the twelfth anniversary of the signing of the Americans With Disabilities Act, which was enacted to prohibit discrimination against persons with disabilities in education, employment, and government services. Texas businesses and agencies continue to support a strong foundation for successful employment of all Texans. The four million Texans with disabilities have more opportunities forwork than ever before, thanks to the 16,500 private businesses and government facilities that complied with the Texas accessibility standards,and the 4,000 businesses eligible for the Texas Department of Licensing and Regulations"Access for All"decal. In addition,the Lone Star State ranks second in the nation for its use of the job accommodation network, a federal service that facilitates the employment and retention of workers with disabilities, by providing information on job accommodations, self-employment, and small business opportunities. The City of Beaumont supports Disability Employment Awareness Month, with the theme "America Works Best When All Americans Work". Mayor Lord proclaimed October, 2003 as Disability Employment Awareness Month in Beaumont, and encouraged all citizens to observe the month, by recognizing the importance of equal employment for Texans with disabilities. MINUTES-OCTOBER 7,2003 Accepting the proclamation was Pat Buehrle, chairman of the Mayor's Committee for People With Disabilities along with other members of the committee. Todd Freeland, on behalf of Beaumont as well as the Mayor's Committee for People With Disabilities, congratulated Joe Sanders for his being crowned "The Southeast Texas Soap Box Derby National Super Kids Champion" August 9, 2003 in Akron, Ohio. Wayne Chessertold Council that, last year, Joe Sanders had surgery on his legs, and that he went through the competition undefeated and had the best time overall after racing approximately fifteen times down the hill of the Maury Meyers Bridge. Upon going to Akron, Ohio Joe Sanders was also undefeated there. Councilmember Cokinos read a proclamation to the Fire Fighters of Beaumont designating the week of October 4th through October 11, 2003 as Fire Prevention Week in Beaumont. The theme for Fire Prevention Week is "When Fire Strikes Get Out, Stay Out", the citizens of Beaumont were called upon to install smoke alarms and to practice fire drills. Accepting the proclamation was Jack Maddox, Fire Marshall, along with Tommy May, Mickey Bertrand, Fire Chief and other firefighters from local 399. Tommy May addressed Council and stated that the Beaumont Fire Department, in 2002, applied for a federal grant and qualified, also that the Fire Fighters Local 399 had a meeting and decided to put up$9000.00 for part of that grant, and that the grant would be used to study the response and the activity of the Beaumont Fire Department to improve fire safety and fire response in this area. Gaylon Key, Union president, and Mike Drury, Treasurer of Local 399, on behalf of the Fire Fighters Local 399, presented to Council a check in the amount of$9000.00 for the study to be done without the City having to pay any monies. Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 8 or on the Consent Agenda. Allen Lee 5095 Maddox Beaumont, TX Mr. Lee addressed Council in reference to Consent Agenda Item B, to approve a two-percent wage increase for the City Attorney, and stated that he was not in agreement with the wage increase. Sina Nejad 1990 West Lucas Beaumont, TX Mr. Nejad representing a Professional Group of Designers and Engineers, addressed items number 1 and 2 on the Agenda and stated that he supported adopting the International Code. Joe Arabie 7515 Willow Oak Baytown, TX Mr. Arabie, representing the Sabine Area Building Construction Trades Council, addressed Council concerning item number 2 on the Agenda and stated his Minutes-October 7,2003 concerns that all trades affected by the adoption of the International Codes were not heard by the City Council. Roberto Flores 2425 Buchanan Beaumont, TX Mr. Flores addressed Council concerning item number 6 on the Agenda and asked that a work shop be held, or divulge what the resolution involves. Don Lewis 7525 San Bruno Beaumont, TX Mr. Lewis addressed Council concerning item number 1 on the Agenda and expressed his concerns with adopting the new Codes and his right to perform maintenance to his property. Wanda Johnson 710 Bancroft Dr. Beaumont, TX Ms. Johnson addressed Council concerning item B on the Consent Agenda and asked the question,"How can the city afford to give a 2% raise, and people were laid off from the city?" Pastor Donnie Flippo 6900 Eastex Freeway Beaumont, TX Pastor Flippo, addressed Council concerning items number 1 and 2 on the Agenda, and asked that Council revisit those items and investigate other cities and their codes in order to make a fair judgment for all affected by the code change. Gethrel Williams 4495 Fortune Beaumont, TX Ms. Williams addressed Council concerning item B on the Consent Agenda. Ms. Williams wanted clarification of the 2% raises for the City Attorney and city employees. Dohn Labiche 4055 Inverness Beaumont, TX Mr. Labiche addressed Council concerning items number1 and 2 on the Agenda and stated that he is in support of those items. Bob Clark 85 Genevieve Beaumont, TX Mr. Clark addressed Council concerning items number 1 and 2 on the Agenda and stated that he endorses the code change. Pastor Howard Cameron 10 North IH1O Beaumont, TX Pastor Cameron addressed Council, urging them to seriously think about adding more codes, as it has the potential to hinder construction growth in the city. Pastor Reggie Lloyd 1510 Driskill Beaumont, TX Minutes-October 7,2003 Pastor Lloyd addressed Council concerning his concerns with the restrictions in adopting the new Building Codes. Marie Easley 465 E. Lavaca Beaumont, TX Ms. Easley addressed Council concerning item number 6 on the Agenda, wanting to know what is involved in the resolution concerning this item, and was informed by Mayor Lord that this item would be postponed for two weeks. CONSENT AGENDA Approval of minutes - Minutes of September 30, 2003 Confirmation of committee appointments - None Mayor Pro Tern Ames moved to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. GENERAL BUSINESS 1. Consider approving an ordinance repealing certain sections of Chapter 6 Buildings; Structures, Construction Operations and Chapter 14 Housing, of the Code of Ordinances and adopting various International Codes with amendments Councilmembers discussed concerns and questions that were posed concerning the adoption of the new Building Codes. Councilmember Samuel stated that he wanted to meet with representatives from the respective codes, to enable him to make an intelligent decision, and asked that this item be deferred for one week. Councilmember Beaulieu stated that she would be in favor of waiting until everyone has had the opportunity to access any information that might be available to them that would help in their making a correct decision. Minutes-October 7,2003 Mayor Lord deferred item number 1 for one week. 2. Consider approving an ordinance repealing Chapter 10, Section 10-2, and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1: International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees - Ordinance 03-078 The City of Beaumont adopted the Standard Fire Prevention Code, 1997 Edition, and has been a member of the Southern Building Code Congress International since 1954. With the establishment of the ICC (International Code Council), effective February 1, 2003,the 1999 Standard Fire Prevention Code is the final edition. Since the Standard Fire Prevention Code is no longer available, it is necessary for the City to consider the adoption of new codes. The ICC (International Code Council) has developed the International Fire Code to replace the existing Standard Fire Prevention Code. The Construction Board of Adjustment and Appeals voted 7:0 to recommend adoption of the International Fire Code, 2003 Edition. Councilmember Smith moved to approve ORDINANCE 03-078 TO CONSIDER APPROVING AN ORDINANCE REPEALING CHAPTER 10, SECTION 10-2, AND SECTION 10-3 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; ADOPTING A NEW CHAPTER 10, SECTION 10-1: INTERNATIONAL FIRE CODE,2003 EDITION,SECTION 10-2:AMEN DEMENTS TO CODE,AND SECTION 10-3: FIRE SERVICE FEES. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a collection fee in the amount of 30%of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city, and amounts in cases in which the accused has failed to appear- Ordinance 03-079 The 2003 Texas Legislature amended the Code of Criminal Procedure giving authorization for the addition of a thirty percent (30%) collection fee to certain fines and debts that are owed to the Municipal Court. There are three prerequisites to this addition, (1) the city must have a collection contract with a private attorney or a public or private vendor for the provision of collection services, (2) the fine or debt must be greater than 60 days delinquent, (3) all of the added collection fee must be paid to the private attorney or vendor. The City of Beaumont currently has a contract on a month to month basis with the law firm of Linebarger, Goggan, Blair and Sampson. Minutes-October 7,2003 Councilmember Smith moved to approve ORDINANCE NO. 03-079 TO CONSIDER APPROVING A COLLECTION FEE IN THE AMOUNT OF 30% OF DEBTS AND ACCOUNTS RECEIVABLE SUCH AS UNPAID FINES, FEES, COURT COSTS, FORFEITED BONDS,AND RESTITUTION ORDERED PAID BY A MUNICIPAL COURT SERVING THE CITY,AND AMOUNTS IN CASES IN WHICH THE ACCUSED HAS FAILED TO APPEAR. Mayor pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider rejecting all bids for the Central, Rogers and Sprott Parks Improvement Project- Resolution 03-218 On September 18, 2003, three bids were received for the installation of spray devices and appurtenances on Central, Rogers and Sprott Parks. The installation of the spray devices is funded through the sale of a portion of Central Park property. All of the bids exceed the estimated construction cost of $175,000.00. The low bid of $236,000.00 exceeds the estimated construction cost by 35% or $61,000.00. The scope of work for the project is being reevaluated to determine items that could be installed by City crews which would reduce the overall cost of the project. The project will be rebid once the reevaluation has been completed. Councilmember Beaulieu moved to approve RESOLUTION 03-218 TO CONSIDER REJECTING ALL BIDS FOR THE CENTRAL, ROGERS AND SPROTT PARKS IMPROVEMENT PROJECT. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 5. Consider authorizing the City Manager to execute a lease agreement for a new Women's, Infants and Children (WIC) satellite office - Resolution 03-219 Administration recommended a lease agreement for a new WIC satellite office located at 5550 Eastex Freeway, Suite EE. Minutes-October 7,2003 The City currently leases space in a small shopping center located on East Lucas Drive. The WIC facility has been at this location since 1995. Their current lease expires October 31, 2003. The property was recently sold and the new owners are not interested in continuance of the lease. The 1,686 square feet of office space includes ADA compliant restrooms and parking as well as access to public transportation. The office space is in excellent condition, requires no modification and is available for occupancy on November 1. Health Department personnel are extremely pleased with the condition of the facility and its location. The landowner, Oasis Car Wash Inc., will provide building and grounds maintenance, water, sewer and trash services, pest control and parking lot maintenance. The City is responsible for all utility and custodial costs. The term of the lease is three (3) years and the monthly rent is $1,434.64. Expenditures for this lease are reimbursed by the Bureau of Nutrition Services through the Texas Department of Health WIC program. Councilmember Beaulieu questioned whetherthe rate for square footage was competitive. Councilmember Samuel questioned whether the proposed new office site was located on a public transportation route. Councilmember Cokinos moved to approve RESOLUTION 03-219 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR A NEW WOMEN'S,INFANTS AND CHILDREN(WIC) SATELLITE OFFICE. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 6. Consider approving a resolution relating to the Martin Luther King, Jr. Parkway Commission Councilmember Patterson had questions concerning the work shop that was to be held, and the resolution that was in her packet. Item number 6 was postponed for two weeks. 7. Consider approving a resolution nominating C.L. Sherman and Eugene Landry to the Board of Directors of the Jefferson County Appraisal District - Resolution 03-220 Minutes-October 7,2003 C.L. Sherman and Eugene Landry are current members of the Board of the Jefferson County Appraisal District. The terms of the current Board members expire on December 31, 2003. Governmental entities that desire to submit nominations for the Board of Directors must do so by resolution adopted by their governing body and file it with the Appraisal District prior to October 15, 2003. Councilmember Cokinos moved to approve RESOLUTION 03-220 TO CONSIDER APPROVING A RESOLUTION NOMINATING C.L. SHERMAN AND EUGENE LANDRY TO THE BOARD OF DIRECTORS OF THE JEFFERSON COUNTY APPRAISAL DISTRICT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 8. Consider approving a renewal of an annual maintenance agreementfor HTE,Inc. software support - Resolution 03-221 Administration recommended payment of an invoice to HTE, Inc. for the renewal of an annual maintenance agreement for software support in the amount of$60,687.00. HTE, Inc. software is used by various City departments. The software maintenance agreement provides for unlimited telephone support and up to three software updates during the annual term. Funds are available in the Information Services Division's fiscal year 2004 budget. Councilmember Smith moved to approve RESOLUTION 03-221TO CONSIDER APPROVING A RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR HTE, INC. SOFTWARE SUPPORT. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 9. Public Hearing: Council conducted a public hearing to receive comments on a proposal to reallocate funds in the amount of$10,000.00 from the 1999, 2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center. Minutes-October 7,2003 Mayor Lord declared the Public Hearing open at 3:10 p.m. The Sterling Pruitt Activity Center, located at 2930 Gulf Street, a low to moderate income area, was constructed in 1997 from Consolidated Block Grant funds. The Center is currently open from 8:00 a.m. -7:00 p.m., Monday through Thursday, and from 8:00 a.m. - 6:30 p.m. on Fridays. After direction from Councilmember Samuel and the City Council, Administration proposed to extend the hours of operation from 8:00 a.m.- 9:00 p.m., Monday through Thursday, and from 8:00 a.m. - 6:30 p.m. on Fridays, which is currently the case, but to add hours 9:00. a.m. - 5:00 p.m. on Saturdays. Extended hours will provide for a schedule that better suits the needs of the neighborhood and will provide for Saturday recreation activities. Funds are available from the Consolidated Block Grant Programs. Mayor Lord closed the Public Hearing at 3:15 p.m. as no citizen came forward with comments. Consider the reallocation of funds in the amount of$10,000.00 from the 1999, 2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center and authorize the City Manager to execute a Memorandum of Understanding with the City of Beaumont Recreation Division Resolution 03-222 Councilmember Samuel thanked Council for being considerate by extending the hours at the Sterling Pruitt Center, and he felt that, by doing so,that is a definite plus for the people in the Community, Councilmember Samuel also thanked City Manager Kyles Hayes for moving so expediently concerning this matter. Councilmember Samuel moved to approve RESOLUTION 03-222 TO CONSIDER THE REALLOCATION OF FUNDS IN THE AMOUNT OF $10,00.00 FROM THE 1999, 2001 AND 2002 CONSOLIDATED BLOCK GRANT PROGRAMS TO EXTEND OPERATING HOURS AT THE STERLING PRUITT CENTER AND AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTAND WITH THE CITY OF BEAUMONT RECREATION DIVISION. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. AUDIO TAPES ARE AVAILABLE IN THE CITY CLERK'S OFFICE. COUNCILMEMBER COMMENTS CITY MANAGER KYLE HAYES - NONE Minutes-October 7,2003 COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL CLARIFIED FOR THE CITIZENS THAT WERE PRESENT CONCERNING THE MARTIN LUTHER KING RESOLUTION, THAT THERE WILL BE A WORK SHOP IN TWO WEEKS TO DISCUSS THE RESOLUTION BEFORE IT IS PRESENTED AND VOTED ON. COUNCILMEMBER PATTERSON ANNOUNCED THAT THE PEAR ORCHARD NEIGHBORHOOD ASSOCIATION WILL MEET TUESDAY, OCTOBER 14,2003 AT THE THEODORE JOHNS LIBRARY. CITY ATTORNEY LANE NICHOLS - NONE Public Comments (Persons are limited to three minutes) Joe Arabie 7515 Willow Oak Baytown, TX Mr.Arabie expressed his desire to meet with Councilmembers in reference to the Building Codes. Gary Hidalgo 655 South 8th Beaumont, TX Mr. Hidalgo,Chief Operating Officer for Spindle top MHMR, addressed Council concerning Transit fees being charged to MHMR by the city for transportation of their clients. Gethrel Williams 4495 Fortune Beaumont, TX Ms. Williams addressed Council concerning Virginia Street Improvements. Samuel Jackson 4404 Phelan #109 Beaumont, TX Mr. Jackson addressed Council expressing his concerns in reference to the monies that are to be allocated to the Pear Orchard, and he also expressed his concerns that the children that attend Odom Academy have to walk in the street. Councilmember Patterson addressed Ms.Williams and Mr. Jackson's questions by stating that as soon as acquisition of four properties in that area are attained, the City can accept bids. Minutes-October 7,2003 City Manager Kyles Hayes explained acquiring property and where the city stands at this point in the process. David LeJeune 3100 Nasa Rd. One Houston, TX Mr. LeJeune addressed Council concerning the ordinance against Electronic Message Senders in the Community. Ruby Chevis Virginia Street Beaumont, TX Ms. Chevis addressed Council concerning the Virginia Street project, stating the urgency of completion of this project because of the number of children that have to walk to school. Vince Danna 8120 San Bruno Beaumont, TX Mr. Danna addressed Council concerning flooding at his residence and stated that since August of 2001 to September 1St of this year, there have been four instances of flooding at his residence. Mr. Danna stated that he has spoken with city and county officials and asked if something might be done to alleviate this problem. Sandra Wilturner 3925 Concord Rd. Beaumont, TX Ms. Wilturner addressed Council concerning immoral acts taking place in Tyrrell Park and asked that the Beaumont Police Department monitor the park. Audio tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:44 p.m. Mayor E lyn Lord City CI s Office Minutes-October 7,2003