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HomeMy WebLinkAboutMIN AUG 17 2004 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 August 17,2004 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 17,2004, 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 1-4/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Reverend James Blackwell of South Park Baptist Church gave the invocation. Mayor Pro Tern Ames led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith, Beaulieu, Cokinos, Patterson and Samuel. Also present were Kyle Hayes, City Manager; Joe Sanders, Assistant City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes- Minutes of August 10, 2004 Confirmation of committee appointments - None A) Authorize the settlement of the claim of Annette Coward - Resolution 04-183 B) Authorize the City Managerto increase the Rehabilitation of the Elevated Water Storage Tank at Sabine Pass and Harriot Street Project amount for "extra work." - Resolution 04-184 Minutes-August 17,2004 Council member Cokinos moved to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the issuance of$17 million City of Beaumont,Texas,Waterworks and Sewer System Revenue Bonds,Series 2004;and containing other matters related thereto - Ordinance 04-058 Administration recommended approval of an ordinance authorizing the issuance of $17 million City of Beaumont,Texas,Waterworks and Sewer System Revenue Bonds, Series 2004; and containing other matters related thereto. Ryan O'Hara of RBC Dain Rauscher (Houston office) read the results of the competitive bidding. The best rate submitted was by RBC Dain Rauscher (Dallas office). It was explained that no conflict of interest is present because the Dallas branch prepared the bid using only the information thatwas available to other bidders. The revenue bonds will mature September 1,2007 through September 1,2028 with interest payable semiannually in March and September beginning March 1, 2005. Delivery and receipt of proceeds by the City is scheduled for September 17, 2004. Proceeds will be used to provide funds for the expansion, repair, renovation and related improvements to the waterworks and sewer program. All debt shall be incurred in the Water Fund which is supported by revenues of the waterworks and sewer system. Councilmember Beaulieu moved to ADOPT ORDINANCE 04-058 AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 2004; AND CONTAINING OTHER MATTERS RELATED THERETO. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 2 of 7 Minutes-August 17,2004 2. Consider approving the proposed 2004 tax rate, take a record vote and schedule a public hearing - Resolution 04-185 Itwas recommended that Council establish a tax rate to support the proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rates exceeds the lower of the rollback rate of$0.664084 or 103 percent of the effective tax rate $0.642988, then City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The proposed rate of$0.642988, which includes a rate decrease of 0.6 of one cent,exceeds 103 percent of the effective tax rate of$0.642988 by $0.021012. The detail budget information for all funds, including property tax revenues, was submitted to Council at the August 10,2004 meeting. A public hearing will be held on August 31, 2004 at 7:00 p.m.. The target date for adoption of the tax rate is September 14,2004. However,it must be adopted no laterthan September 30,2004. Individual vote taken to set proposed tax rate at$0.664 and to place this on an upcoming agenda for adoption. MAYOR LORD AYE MAYOR PRO TEM AMES, AYE COUNCILMEMBER SMITH AYE COUNCILMEMBER BEAULIEU AYE COUNCILMEMBER COKINOS AYE COUNCILMEMBER PATTERSON AYE COUNCILMEMBER SAMUEL AYE NAYS: NONE Councilmember Beaulieu moved to APPROVE RESOLUTION 04-185 THAT A CITY TAX RATE OF$0.664 TO SUPPORT THE PROPOSED BUDGET AND SCHEDULE A PUBLIC HEARING ON THE PROPOSED TAX RATE FOR AUGUST 31, 2004 AT 7:00 P.M. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving an amendment to the FY2004 budget to transferfunds from the Debt Service Fund to provide for capital needs in the Capital Reserve Fund- Ordinance 04-059 Administration recommended appropriating$1,684,614 from the Debt Service Fund unreserved fund balance to provide for capital needs in the Capital Reserve Fund. Page 3 of 7 Minutes-August 17,2004 On September 13, 1995 the City received a check in the amount of$1,684,614 from Southwestern Bell as settlement of a law suit. The funds were deposited in the Debt Service Fund and have been accounted for as part of the unreserved fund balance since that time. The transfer of funds from the Debt Service Fund is needed to comply with arbitrage requirements. Arbitrage regulations prevent a Cityfrom carrying over residual funds from yearto year in a Debt Service Fund which was specifically set up to pay tax supported debt. Since the money from the settlement is not fund raised by taxes levied to pay bonds,the City is able to transfer it to Capital Reserve where there is greater need to fund future capital requirements. Councilmember Cokinos moved to ADOPT ORDINANCE 04-059 TO AMEND THE FY2004 BUDGET TO TRANSFER $1,684,614 FROM THE DEBT SERVICE FUND TO PROVIDE FOR CAPITAL NEEDS IN THE CAPITAL RESERVE FUND. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Consider approving a contract for Security Guard and Event Staff services - Resolution 04-186 Administration recommended the award of an annual contract for Security Guard and Event Staff services for the Convention Facilities Division to Lofton Staffing and Security Services of Beaumont, Texas. Temporary staffing services are required by the Convention Facilities Division for special events held at various locations including the Civic Center, Julie Rogers Theatre and the Fair Park Facilities. These temporary staff members include security guards,ushers,ticket takers and temporary staff supervisors that aid in the equipment and property security as well as citizens'safety and enjoyment of approximately 126 special events held annually. Event promoters are responsible for all costs associated with temporary staffing. Two companies submitted bids which indicated the hourly rate charges for typical staff positions. The apparent low bidder is B. P.Security&Investigations, Inc. of Houston, Texas. While they provide security guard services to a wide variety of clients in Houston,they do not currently operate an office in Beaumont nor do they have local temporary staffing employees. If awarded this contract,they intend to rely largely on their current employees in Houston to staff events in Beaumont. Since it is critical that the temporary staffing agency awarded this contract provide a full staff in a timely fashion at every special event in order to assure the smooth operation of events for citizens' safety and enjoyment as well as satisfy event promoters' requirements, Administration does not recommend awarding the contract to this agency. Page 4 of 7 Minutes-August 17,2004 The second bid was received from Lofton Staffing and Security Services. Lofton Staffing has provided temporary staffing services to the Beaumont Convention Facilities Division forthe past two years. During that time,the temporary staff provided by Lofton has been reasonably qualified, timely and managed appropriately. In an attempt to provide the best service and value available to event promoters, Administration recommended the contract be awarded to Lofton Staffing and Security Services of Beaumont. The cost of Security Guard and Event Staff services are reimbursed by event promoters. Cou ncilmember Smith moved to APPROVE RESOLUTION 04-186 TO AWARD A CONTRACT TO LOFTON STAFFING AND SERVICES OF BEAUMONT FOR SECURITY GUARD AND EVENT STAFF SERVICES. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER BEAULIEU - CONGRATULATORY NOTE TO STAFF THAT PARTICIPATED IN THE HOMELAND SECURITY EMERGENCY PLANNING DISCUSSION ESPECIALLY THE PUBLIC HEALTH DEPARTMENT, THE POLICE OFFICERS AND THE FIRE DEPARTMENT OFFICERS; VERY IMPRESSED WITH THE PLANNING PROCEDURES IN PLACE TO PROTECT OUR CITY COUNCILMEMBER COKINOS - NONE MAYOR PRO TEM AMES - NONE COUNCILMEMBER SAMUEL- THANK YOU TO LOU CAPPI AND STAFF OF THE RECREATION DEPARTMENT ESPECIALLY DONALD FAULK FOR THE EXCELLENT JOB AT FAIR PARK FOR THE CONCERT IN THE PARK COUNCILMEMBER PATTERSON- REQUESTED CITY MANAGER TO INVESTIGATE THE INCIDENT OF THE POLICE ARREST OF TIM BOWSER AND PROCEDURES IN PLACE FOR THIS TYPE OF INCIDENT Page 5 of 7 Minutes-August 17,2004 CITY MANAGER HAYES - NONE CITY ATTORNEY SANDERS - NONE MAYOR LORD - ENJOYED THE TEXAS HOT SUMMER NIGHTS ON SUNDAY, AUGUST 15 WITH THE 400 VINTAGE AUTOS ON DISPLAY ALONG WITH THE REMARKABLE TURNOUT OFTHE NUMBER OF CITIZENS BOTH YOUNG AND OLD Public Comments (Persons are limited to three minutes) LeRoy Lewis 111 7866 Gladys Beaumont TX Senior citizens have complained that the broadcast volume of the council meetings is not loud enough and suggested a different speaker system; 1800 Block of Washington Blvd.-renters not keeping up with their lawns and asked that City monitorthis a little closer;concerned with the speeding traffic around Blanchette Elementary and the lack of sidewalks forthe children to walk on; equal employment opportunity in the City Kerry J. Avie 1280 Saxe Beaumont TX Prayer for City Sherry Lynn Hogue 1885 Bryant Way Beaumont TX Hearing officerwith the Texas Department of Human Services:Spoke against HB 2292 and the adverse effects it will have on the City as well as the citizens currently being served;asked the City to pass a resolution in opposition of this legislation to present to the Governor Dean Tucker 2570 Laurel Avenue Beaumont TX Feels there is a separation between the people and government; primary function of government is to increase the level of security of the people and does not feel that this is the case; feels that the LaFleur tape should be made available to the public Open session of meeting recessed at 2:08 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v. City of Beaumont City of Beaumont v. House of Praise Deliverance Ministries, Inc. Page 6 of 7 Minutes-August 17,2004 Considerthe appointment,employment,evaluation,reassignment,duties, discipline, or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code: Specifically employment of a golf course superintendent Councilmembers met in Executive Session at 2:20 p.m. There being no action taken in Executive Session, Council adjourned at 2:50 p.m. Audio tapes are available upon request in the City Clerk's Office. Evelyn Word, Mayor f�+ Rose Ann Jones, TFWC City Clerk Page 7 of 7 Minutes-August 17,2004