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MIN DECEMBER 22 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 December 22, 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 December 22, 2003, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 10:00 a.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 10:00 a.m. Lane Nicholas gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Betty Braxton, 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; and Betty Braxton, City Clerk's Office. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled General Business Agenda Items 1 through 4 or on the Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of December 16, 2003 Confirmation of committee appointments None A) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Pine Glen Fourth Addition Phase Two,Subdivision- Resolution No. 03-277 Minutes-December 22,2003 B) Approve a payment for repairs to a 2000 Caterpillar D7H bulldozer-Resolution No. 03-278 C) Approve the settlement of the claim of Shamyra Bessard-Barry - Resolution No. 03-279 D) Approve the settlement of the claim of Ernest Harris, III - Resolution No. 03-280 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 the appointment of the City Clerk - Resolution 03-281 The Charter of the City of Beaumont provides for the City Council to appoint a City Clerk and prescribe the duties and compensation of said officer. The City Clerk shall hold office at the pleasure of the Council. The base salary of the former City Clerk was $50,000.00 a year. Councilmember Beaulieu moved to approve RESOLUTION 03-281 TO CONSIDER THE APPOINTMENT OF MS. ROSE JONES AS THE CITY CLERK. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU,AND COKINOS NAYS: NONE Councilmembers Samuel and Patterson abstained from voting. MOTION PASSED Councilmember Beaulieu moved to approve the base Salary of the City Clerk for $50,000.00. Councilmember Smith seconded the motion. Minutes-December 22,2003 AYES: MAYOR LORD,MAYOR PRO TEM AMES,COUNCILMEMBERS SMITH,BEAULIEU AND COKINOS NAYS: NONE Councilmembers Samuel and Patterson abstained from voting. MOTION PASSED 2. Consider a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. To act as the City of Beaumont's Washington Assistant -Resolution 03-282 Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. in the amount of $53,130. The contract will also include a maximum of$4,000 for reimbursable expenses. The contract amount and reimbursement expenses have remained the same as in the 2003 contract. The new contract will be effective January 1, 2004. Ms. Chaney, as the City of Beaumont's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impactthe Cityof Beaumont's policies and programs. Funds are budgeted for this expenditure in the FY2004 Budget. Councilmember Cokinos moved to approve RESOLUTION 03-282 TO CONSIDER A ONE-YEAR CONTRACT WITH CAROLYN C.CHANEY&ASSOCIATES, INC.TO ACT AS THE CITY OF BEAUMONT'S WASHINGTON ASSISTANT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approval of a one year contract for Excess Workers' Compensation Insurance - Resolution 03-283 On December 4, 2003 the City received proposals for specific excess workers' compensation insurance. The lowest bid that met our bid specifications was submitted by McGriff, Seibels & Williams of Texas, Inc., who represented State National Insurance Company. All specification requirements were met. Staff is recommending that the policy for excess workers' compensation insurance be awarded to McGriff, Seibels & Williams of Texas, Inc. This policy will become effective January 1, 2004 for one yearwith an option to renew one (1) additional year at the same guaranteed rate. Based on the 2004 projected payroll of$49,933,500, the annual premium for the first year is $75,000. Minutes-December 22,2003 The estimated annual premium for the following year will be based on a rate of .15 per $100 of payroll with a minimum annual premium of$75,000. The City is self-insured for its workers' compensation program. The excess insurance coverage limits the City's liability for claims from any one job related injury or accident. The City's liability is called Self-Insured Retention (SIR). In other words, the insurance carrier will cover all costs incurred on any individual claim more than $500,000 up to any amount authorized by statue. Councilmember Smith moved to approve RESOLUTION 03-283 TO CONSIDER APPROVAL OF A ONE YEAR CONTRACT FOR EXCESS WORKERS' COMPENSATION INSURANCE. Mayor Pro Tem Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approval of a one year contract with Abercrombie, Simmons & Gillette, Inc. To administer the City's self-insured workers' compensation program effective February 1, 2004. At the end of one (1) year, the City may renew this contract for a period of four(4) additional years. There will be no rate increase in price should an extension be granted. Any terms and conditions stated in the original specifications will apply to any extended periods. Approval on behalf of the City to renew this contract will be made by the City Manager or his/her designee - Resolution No. 03-284 Administration recommends awarding a one year contract for the administration of the City's workers' compensation program Abercrombie, Simmons & Gillette, Inc. The initial contract will be for one (1)year with an option to renew for four(4)additional years. There will be no rate increase in price should an extension be granted. Abercrombie, Simmons & Gillete, Inc. will provide the same level of service that is currently in effect. Councilmember Beaulieu moved to approve RESOLUTION 03-284 TO CONSIDER APPROVING A ONE YEAR CONTRACT TO ADMINISTER THE CITY'S SELF-INSURED WORKERS' COMPENSATION PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, COKINOS, BEAULIEU, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Minutes-December 22,2003 Mayor Lord read the required legal notice of an Executive Session. COUNCILMEMBER COMMENTS COUNCILMEMBER BEAULIEU-WISHED EVERYONE A HAPPY HOLIDAY COUNCILMEMBER COKINOS -WISHED EVERYONE A MERRY CHRISTMAS AND HAPPY NEW YEAR COUNCILMEMBER SAMUEL-WISHED EVERYONE A HAPPY HOLIDAY COUNCILMEMBER PATTERSON -WISHED EVERYONE A HAPPY HOLIDAY COUNCILMEMBER SMITH -WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR MAYOR PRO TEM AMES -WISHED EVERYONE A MERRY CHRISTMAS MAYOR LORD - WISHED CITIZENS A MERRY CHRISTMAS AND, TO THOSE IN THE JEWISH COMMUNITY,A HAPPY HANUKKAH CITY MANAGER KYLE HAYES -WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY HOLIDAY CITY ATTORNEY-WISHED EVERYONE A HAPPY HOLIDAY Public Comments (Persons are limited to three minutes) None There being no further business, the meeting adjourned at 10:12 a.m. Audio tapes are available upon request in the City Clerk's Office. —4f\ iLu"N Mayor Evelyn +d City CI 's Offic