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MIN OCTOBER 14 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 14,2003 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 14, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:31 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. Sister Amelia Zepeda of Christus St. Elizabeth Hospital said the invocation. Kyle Hayes City Manager led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk's Office. 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; Tina Broussard, City Clerk's Office. Proclamations, Presentations, Recognitions Councilmember Patterson read a proclamation designating Sunday, October 19, 2003 as Catholic Daughters of the Americas Day, by the National Board with the theme "Walking with Mary in the New Millennium." The proclamation was received by Nita Odom, Diane Harville, Fay Dumas, Era Romero, Louise Gonsalin along with other members of the Organization. Olivia Gonzales, past District Deputy, District 8 forthe Catholic Daughters addressed Council and stated that the Catholic Daughters of America is a nonprofit organization dedicated to Mary the Blessed Mother. This organization helps as many nonprofit organizations dedicated to helping people with food and clothing, research projects such as cancer; aids,diabetes, birth defects, and helping the American Heart Association. The organization also helps Some Other Place, and collects toiletry items for the nursing homes. Councilmember Beaulieu read a proclamation designating October 19,2003 through October25, 2003 as Pastoral Care Week,the theme is "Pastoral Care Imagining Community."Across our great nation thousands of dedicated well trained and gifted pastoral care givers of all faiths labor around the clock in congregations,and highly specialized settings including hospitals,correctional facilities, mental health systems,the military,and pastoral counseling centers. They bring spiritual healing resources to bear in the care of millions of Americans. The award was received by Sister Amelia Zepeda with St. Elizabeth Hospital. Sister Zepeda addressed Council and stated that she wanted to thank them for the proclamation and for the encouragement for touching the lives of so many, especially those that are sick and in need. Mayor Lord read a proclamation designating October 16, 2003 through October 26, 2003 as YMBL South Texas State Fair Days. The Young Mens Business League sponsor of the South Texas State Fair is one of the cities oldest Civic Organizations having been founded in 1917, and is the largest single civic organization of its kind in South East Texas. The YMBL will be hosting its 62nd annual YMBL South Texas State Fair this year at Beaumont Fair Park. All revenues from the Texas State Fair and its related events goes toward funding the numerous community service projects sponsored by the YMBL. Accepting the proclamation was Kent Fuller, Chairman of the YMBL along with other members of the organization. Kent Fulleraddressed Council and stated that itwas a pleasure to stand before them and thanked Council for the Proclamation. Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 5 or on the Consent Agenda. Joe Arabie 7515 Willow Oak Baytown, TX Mr. Arabie addressed Council in reference to Consent Agenda Item number1, he thanked Council in reference to the issue of the International Code CONSENT AGENDA Approval of minutes - Minutes of October 7, 2003 Confirmation of committee appointments - Resolution 03-223 Brooks Goodhue would be appointed to the Community Development Advisory Committee. The term would commence October 14, 2003 and expire October 13, 2005. (Mayor Pro Tern Becky Ames) Carolyn Howard would be reappointed to the Sister City Advisory Committee. The current term would expire February 27, 2005. (Mayor Pro Tern Becky Ames) Bettye Smith would be reappointed to the Martin Luther King Jr. Parkway Commission. The current term would expire October 8, 2005. (Councilmember Bobbie J. Patterson) Minutes-October 14,2003 Councilmember Cokinos moved to approve the Consent Agenda. 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. 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 - Ordinance 03-080 The City of Beaumont adopted the(Southern)Standard Building Code,with related codes, and has been a member of the Southern Building Code Congress International (SBCCI) since 1954. The SBCCI, the Building Officials and Code Administrators International (BOCA) and the International Conference of Building Officials (ICBO) founded the International Code Council (ICC) in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model construction The Standard Building Code and related codes are updated every three years. With the establishment of the ICC, effective February 1, 2003, the 1999 Standard Building Code is the final edition. Since the Standard Building Code is no longer available, it is necessary for the City to consider the adoption of new codes. The new International Codes is basically Standard Building Codes, currently being used by the City, with minor revisions and/or restructuring. The natural progression of events would be for the City to adopt codes that are similar, or as close as possible, to the codes currently in use. This would minimize the learning curve for local architects, developers, contractors and City Staff. Currently,the International Building Code is the most widely recognized building code and has been adopted by the Department of Defense and 45 states, including Texas. The International Building Code has been endorsed bythe American Institute of Architects,the National Association of Homebuilders and many other construction organizations. Locally, the Code has the support of the Homebuilder's Association of Southeast Texas and the Southeast Texas Chapter of the American Institute of Architects. A partial list of cities and state agencies in Texas that have adopted the International Building Codes is attached for review. Minutes-October 14,2003 The Construction Board of Adjustment and Appeals voted 8-0, with one abstention, to recommend adoption of the 2003 Editions of the International Building Code, International Building Code, International Plumbing Code, and International Property Maintenance Code. Additionally, the Board voted to approve a new permit fee schedule. Councilmember Samuel commented that he appreciated the time thatwas spent in helping him understand the difference between the International Code and the Uniform Code. He relied very heavily on what staff presented. However he does rely on other factors that are not presented by staff. He also stated that he hoped that someone from Plumbing would be on the committee when they meet. Mayor Pro-Tern Ames moved to approve ORDINANCE 03-080 with the stipulation that plumbers be included, along with changes that may need to be made concerning the Ordinance and approve agenda item as written. REPEALING CERTAIN SECTION OF CHAPTER 6 BUILDINGS; STRUCTURES: CONSTRUCTION OPERATIONS AND CHAPTER 14 HOUSING, OF THE CODE OF ORDINANCES AND ADOPTING VARIOUS INTERNATIONAL CODES WITH AMENDMENTS. Councilmember Beauleu seconded the motion with the stipulation that the Ordinance be changed with all necessary components. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS,AND PATTERSON NAYS: COUNCILMEMBER SAMUEL MOTION PASSED. 2. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Programs - Resolution 03-224 Administration recommends authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of$552,538. The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state, counties, school districts and municipal agencies within Texas. Bids are open to any vehicle dealer on the State of Texas Bid List. Due to the volume of vehicles requested by the State, generous concessions are offered to the dealer from the manufacturers. Replacement vehicles and additions to the fleet are requested through the City's budget process. The administration reviews the request and evaluates the equipment to be replaced. Based on the this evaluation, a recommendation is made to replace worn and Minutes-October 14,2003 i obsolete vehicles that are no longer cost effective to operate. All of the vehicles purchased are replacement vehicles. Funds in the amount of$501,440 and $51,098 will be expended from the Capital Reserve Fund and Water Fund, respectively. Council member Cokinos moved to approve RESOLUTION 03-224 TO CONSIDER APPROVING AN ORDINANCE FOR THE PURCHASE OF FLEET VEHICLES THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAMS. Councilmember Smith 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 one year contract with Blue Cross Blue Shield of Texas forthird party administration of the City's self funded Preferred Provider Organization (PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization (HMO) with HMO Blue Texas - Resolution 03-225 Full time city employees are offered medical and dental benefits. The medical and dental benefits consist of a fully insured HMO plan, a self funded PPO plan and a self funded dental plan. There are 580 participants enrolled in the HMO plan, 493 active employees, 83 retirees and 4 COBRA participants. There are 807 participants enrolled in the PPO plan, 703 active employees, 97 retirees and 7 COBRA participants. In the dental plan, there are 955 participants enrolled, 941 active employees and 14 COBRA participants. In July 2003, City staff began analyzing the City's health care costs. Staff also began working with the City's health benefit consultant, McGruff, Siebels and Williams of Texas, Inc., to determine if the City should request bid proposals for the City's HMO, PPO, and dental plans or remain with the current administrator, Blue Cross Blue Shield (BCBS) for 2004. After evaluating the market, McGruff concluded that BCBS offered the most cost effective plans. McGruff's negotiations with BCBS resulted in rate increases that were within industry trends. The final negotiations resulted in the HMO rates increasing 6.5%. The PPG's expected paid claims are projected to increase 6.6% while the PPO's monthly fixed costs which include stop loss and administration fees will also increase 6.6%. Renewal rates for the self funded dental plan did not increase. Appropriation of funds is available in the Employee Benefits Fund. Minutes-October 14,2003 Councilmember Beaulieu moved to approve RESOLUTION NO.03-225 CONSIDER APPROVING A ONE YEAR CONTRACT WITH BLUE CROSS BLUE SHIELD OF TEXAS FOR THIRD PARTY ADMINISTRATION OF THE CITY'S SELF FUNDED PREFERRED PROVIDER ORGANIZATION (PPO) MEDICAL PLAN, SELF FUNDED DENTAL PLAN AND A FULLY INSURED HEALTH MAINTENANCE ORGANIZATION (HMO)WITH HMO BLUE TEXAS Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. 4. Consider authorizing the City Manager to implement the contribution rate changes for retirees in the medical plans - Resolution 03-226 Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statue. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 179 retirees on the City's medical plan. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%; single rate + 1 at 58%; and the family rate at 54% of the COBRA rate on January 1St annually." This same formula is utilized when calculating the contribution rate for civilian retirees. Retiree rates are effective January 1, 2004. Councilmember Smith moved to approve RESOLUTION 03-226 TO CONSIDER AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE CONTRIBUTION RATE CHANGES FOR RETIREES IN THE MEDICAL PLAN. Mayor Pro -Tem Ames 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 Purchase of copiers through the Texas Local Government Purchasing Cooperative's BuyBoard for various City departments - Resolution 03-227 Administration recommends the purchase of four (4) Canon NP6545 copiers from Ikon Office Solution for$8,000.00 each through the Texas Local Government Purchasing Minutes-October 14,2003 Cooperative's BuyBoard for use in Cash Management and three (3) Public Health Department Offices. The BuyBoard is coordinated by the Texas Local Government Purchasing cooperative and membership in the purchasing cooperative is open to school districts, municipalities, counties, and nonprofit organizations throughout Texas. City Council approved participation in the BuyBoard in August 2002. The BuyBoard offers products and services that have been submitted for competitive bidding in accordance with state statutes. By participating in the cooperative, the City can reduce the number of bids proposed as well as take advantage of volume discounts. Funds are available in the Capital Reserve Fund. COuncilmember Cokinos moved to approve RESOLUTION 03-227 APPROVING THE PURCHASE OF COPIERS THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE'S BUYBOARD FOR VARIOUS CITY DEPARTMENTS. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - STATED THAT SHE HAD THE OPPORTUNITY TO SPEAK SUNDAY MORNING TO TWO CHURCH CONGREGATIONS THAT ARE MERGING. COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL-STATED THAT A GROUP OF APPROXIMATELY 69 TO 70 CITIZENS MET WITH THE LOCAL CLERGY. THE CITIZENS HAVE BANNED TOGETHER TO TAKE BACK THEIR COMMUNITY,WHOARE CONCERNED ABOUT STREET DRAINAGE,DRUGS,ECONOMIC DEVELOPMENT, EDUCATION FOR THE KIDS, ETC. COUNCILMEMBER PATTERSON -STATED THAT THE PEAR ORCHID NEIGHBORHOOD ASSOCIATION WOULD BE MEETING AT 7:00 P.M. ON TUESDAY OCTOBER 21, 2003 AT THE THEODORE JOHNS LIBRARY. Minutes-October 14,2003 CITY ATTORNEY - NONE CITY MANAGER KYLES HAYES -STATED THAT THE CITY OF BEAUMONT WAS PLEASED TO HAVE BACK JOHNNY BEATTY WHO IS THE GRANTS ADMINISTRATOR FOR THE CITY, WHO HAS BEEN ON MILITARY LEAVE FOR THE PAST TWO YEARS. MAYOR LORD-STATED THAT SHE HAD THE PLEASURE OF ATTENDING THE LAMARISSIMO CONCERT. Public Comments (Persons are limited to three minutes) NONE 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 EvelyOL6ra 4. I � City Clerk's Office Minutes-October 14,2003