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HomeMy WebLinkAboutMIN SEP 21 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 September 21,2004 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 September 21,2004, atthe City Hall Council Chambers,801 Main Street,Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1- 7/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Pastor Louella Avie of the House of Prayer Deliverance Church gave the invocation. Megan Farah of Westbrook High School Student Council Executive Board led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present atthe meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith, Beaulieu, Cokinos, Patterson and Samuel. Also present were Kyle Hayes,City Manager; Lane Nichols,City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions 1. "A Week of Appreciation and Prayer for EMS, Firefighter and Law Enforcement Personnel" - September 16 - October 2, 2004: Proclamation read by Mayor Lord; accepted by Marcia Giglio of Our Lady of the Assumption Catholic Church 2. "Constitution Week"-September 17-23, 2004: Proclamation read by Mayor Lord; accepted by Betty Owens and Marianne Fiorenza from the Daughters of the American Revolution 3. "Pray Beaumont Day" - September 26, 2003 - Proclamation read by Mayor Lord; accepted by Pastor Howard Cameron of Trinity Church,Pastor Reggie Lloyd of Praise Christian Center, Pastor Donny Flippo of Gospel Center Church, Pastor Anthony Brawley of Quantum Omega Star Church, Pastor Castille Colbert of the Gospel of Jesus Christ Church, Pastor Joe Blair of First Church of God and Pastor John Burke of Father's House Minutes-September 21,2004 4. Recognize Chief Micky Bertrand, Beaumont Fire Chief and Timothy St. Peter of the American Red Cross-An update was given on Hurricane Ivan and the evacuation to Beaumont which included the very successful involvement of the Harvest Club for providing shelter,the manychurches,local businesses and community volunteers for their participation in helping to make these displaced people comfortable during this disaster. Public Comment: Persons may speak on scheduled agenda items 1- 7/Consent Agenda. *At this point in the meeting,a public hearing was held on Item 5 on the agenda concerning application of a grant to the Federal Transit Administration for funding of the new transit coaches. There were no public comments made at this time. CONSENT AGENDA * Approval of minutes- Minutes of September 14, 2004 * Confirmation of committee appointments - Ann Heidtke-Poynor would be reappointed to the Library Commission. The current term would expire August 31,2006. (CouncilmemberAndrew P. Cokinos)-Resolution 04-210 A) Approve a resolution authorizing the settlement of the claims of Sheila Broussard brought in the lawsuit styled Sheila Broussard vs.The City of Beaumont,The City of Beaumont Police Department,and John Daniel Cross(Cause No.A-0171048, In the Jefferson County District Court, 58th Judicial District) - Resolution 04-211 B) Approve a contract for the purchase of asphalts, oils, and emulsions for use in the Public Works Department - Resolution 04-212 Council member Cokinos moved to approve the Consent Agenda. Council member 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 a resolution authorizing the City Manager to execute a labor agreement with the Beaumont Police Officers Association for the period October 1, 2004 to September 30, 2007 - Resolution 04-213 Page 2 of 9 Minutes-September 21,2004 The existing laboragreement with the Beaumont Police Officers Association expires September 30,2004. A tentative agreement has been reached providing fora three- year agreement effective October 1, 2004. The labor agreement provides for a 5% wage increase effective October 1, 2004, a 4%wage increase effective October 1, 2005 and October 1, 2006, and a 1%wage increase in April 2007. Lieutenants (11 positions)and Captains(3 positions)will receive an 8%increase effective October 1, 2004 instead of the 5% to provide for a greater separation from Sergeant salaries. Lieutenants with less than five years of service are currently making only$72 more per month than Supervisory Sergeants. The City has obtained language changes relating to insurance coverage whereby police officers will be offered the same medical insurance plan choices as provided to civilian employees except in-network major medical benefits which will not be less than 80/20 and out-of-network major medical benefits which will not be less than 70/30. The tentative agreement includes language recognizing the Administration's intention to eliminate 16 vacant sworn positions during the term of the agreement. The Code of Ordinances allows for 264 positions in the Police Department. The City has carried unfilled positions across budget years for more than seven years due to financial constraints. If the City amends the number of authorized positions in the Code of Ordinances to 248 over the next three years,it will better reflect the actual size of sworn officers serving the Police Department. The membership of the Police Officers Association have also approved the tentative agreement. The fiscal impact was included in the FY2005 Budget. Councilmember Cokinos moved to APPROVE RESOLUTION 04-213 AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR LABOR CONTRACT WITH THE BEAUMONT POLICE OFFICERS ASSOCIATION FOR THE PERIOD FROM OCTOBER 1, 2004, THROUGH SEPTEMBER 30,2007. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a contract forthe Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-X - Resolution 04-214 Administration recommended approval of a contractwith Horseshoe Construction, Inc., Pasadena,Texas,in the amount of$2,306,334 to rehabilitate 58,144 linearfeet of 6, 8, 10 and 12-inch sanitary sewer lines, replace and install 155 manholes and 714 existing service connections in the Maddox, Hollywood Avenue, Dixie Street and Cartwright areas. Page 3 of 9 Minutes-September 21,2004 The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity and provide customers with uninterrupted and adequate service. Funds for the project are available in the Water Utilities Capital Improvements Fund. Council member Smith moved to APPROVE RESOLUTION 04-214 TO AUTHORIZE THE CITY MANAGER TO EXECUTE ACONTRACT WITH HORSESHOE CONSTRUCTION,INC.,PASADENA, TEXAS, IN THE AMOUNT OF$2,306,334 TO REHABILITATE 58,144 LINEAR FEET OF 6, 8, 10 AND 12-INCH SANITARY SEWER LINES, REPLACE AND INSTALL 155 MANHOLES AND 714 EXISTING SERVICE CONNECTIONS IN THE MADDOX, HOLLYWOOD AVENUE, DIXIE STREET AND CARTWRIGHT AREAS FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT-X. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving a contractforthe Sanitary SewerSystem Improvements 54-inch Interceptor Rehabilitation Phase I - Resolution 04-215 Administration recommended approval of a contract with Brystar Contracting, Inc., Beaumont,Texas,in the amount of$922,753 to rehabilitate 2,806 linearfeet of 54-inch sanitary sewer interceptor, directional drill a new syphon, remove and replace two manholes,replace three service connections,and clean and televise the interceptor before and afterthe construction. The project is adjacent to the railroad right-of-way between Eleventh Street and Blanchette Street. The MBE goal will be met through subcontracts with the certified MBE firms of Texas Mechanical Speciality, Inc., Municipal Marketing, and Ramco Trucking for a total of $100,000. The amount represents 10.8 percent of the total bid. The existing sewer lines installed in the early 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines,eliminate inflow and infiltration,restore the carrying capacity,and provide customers with uninterrupted and adequate service. Funds are available in the Capital Improvements Fund. Councilmember Cokinos moved to APPROVE RESOLUTION 04-215 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING,INC.,BEAUMONT, TEXAS, IN THE AMOUNT OF$922,753 TO REHABILITATE 2,806 LINEAR FEET OF 54-INCH SANITARY SEWER INTERCEPTOR, DIRECTIONAL DRILL A NEW SYPHON, REMOVE AND Page 4 of 9 Minutes-September 21,2004 REPLACE TWO-MANHOLES, REPLACE THREE SERVICE CONNECTIONS, AND CLEAN AND TELEVISE THE INTERCEPTOR BEFORE AND AFTER CONSTRUCTION FOR THE SANITARY SEWER SYSTEM IMPROVEMENTS 54-INCH INTERCEPTOR REHABILITATION PHASE I. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 4. Considera requestforthe refinancing of a historic preservation loan-Resolution 04- 216 Administration recommends approval of a request for refinancing of a historical preservation loan. In October,2001,William and Patsy Buehrle received a historical preservation loan in the amount of$16,000. The loan was to be paid back over 60 months at$266.67 per month. The money was used to do renovations to their home at 2235 Hazel. Currently, the Buehrles are delinquent in the amount of$5,266.74. They are asking that the City consider refinancing their loan to a more manageable monthly payment. Refinancing the amount owed($12,199.96)over 120 months would require payments of$102.67 per month. At a Regular Meeting of the Historic Landmark Commission on September 13,2004, the Commission voted 9:0 to approve the refinancing of the historic preservation loan. Councilmember Beaulieu moved to APPROVE RESOLUTION 04-216 THAT THE CITY AUTHORIZES THE REFINANCING OF THE CURRENT BALANCE OF THE LOAN OF WILLIAM AND PATSY BUEHRLE FOR HISTORICAL PRESERVATION RENOVATIONS TO THEIR HOME AT 2235 HAZEL. THE CURRENT BALANCE OF THE LOAN IS$12,199.96 AND SHALL BE REFINANCED FOR A PERIOD OFTEN(10)YEARS ATA MONTHLY PAYMENT OF$101.67. Mayor Pro Tem Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration (FTA)to receive Capital Assistance funding for the purchase of twenty(20)transit coaches- Resolution 04-217 [Public Hearing held earlier under Public Comments] Page 5 of 9 Minutes-September 21,2004 Beaumont Municipal Transit will prepare a grant application for FTA funds totaling $6,200,000 to purchase twenty(20)alternatively fueled coaches. These coaches will be used to replace sixteen of the current transit system coaches,which have reached the end of their useful life. A portion of these funds may also be used to pay for the installation of a fueling facility and shop modifications,as needed to accommodate a fleet of compressed natural gas coaches,if otherfunding options become unavailable. This grant along with$1,550,000 in toll credits available to the City from the State of Texas will pay for 100% of the purchase cost of the coaches. Councilmember Cokinos moved to APPROVE RESOLUTION 04-217 TO AUTHORIZE THE CITY MANAGER TO FILE A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE CAPITAL ASSISTANCE FUNDING FOR THE PURCHASE OF TWENTY (20) TRANSIT COACHES AT AN ESTIMATED COST OF $6,200,000. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 6. Consider approving a six(6)month contract for the purchase of asphaltic concrete- Resolution 04-218 Administration recommended award of a six month contract to APAC-Texas, Inc. for purchasing asphaltic concrete with an estimated total contract expenditure of $100,000. Bids were requested for a six month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street,while hot asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. Councilmember Smith moved to APPROVE RESOLUTION 04-218 TO ACCEPT THE BID SUBMITTED BYAPAC-TEXAS,INC. FOR ASIX(6)MONTH CONTRACT IN THE UNIT AMOUNTS SUBMITTED FOR AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF $100,000 TO PURCHASE ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT,STREETS AND DRAINAGE DIVISION. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 6 of 9 Minutes-September 21,2004 7. Public Hearing:Receive comments relating to the application for FY2005 State Public Transportation Funds for the Beaumont Municipal Transit Open: 2:18 p.m. Close: 2:20 p.m. No public comments were made at this time. City Council annually authorizes the City Managerto execute a contractwith the Texas Department of Transportation (TxDOT) for the City to receive state public transportation funds. These funds total$396,895 for FY2005. In fiscal years 2003 and 2004, the City received $313,023 respectively. State funding totaling $396,895 will fund part of the estimated local share cost of $1,231,589 to operate the Beaumont Municipal Transit System for FY2005. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - EXTENDED CONGRATULATIONS TO THE CITY MANAGER, POLICE DEPARTMENT AND ALL THOSE WHO WORKED ON THE CONTRACT NEGOTIATIONS COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COKINOS- CONGRATULATED THE COMMUNITY FOR THE FINE FIESTA AT THE MENDOZA PLAZA ON SUNDAY MAYOR PRO TEM AMES- THANKED EVERYBODYWHO HELPED WITH DONATIONS,TIME, MONEY, FOOD AND OTHER NECESSARY SUPPLIES AT THE HARVEST CLUB AND THIS IS JUST ANOTHER REASON TO BE PROUD OF OUR CITY COUNCILMEMBER SAMUEL- REQUESTED THAT ASUB-COMMITTEE BE CONSIDERED FOR MINORITY AFFAIRS COUNCILMEMBER PATTERSON - COMMUNITY ANNOUNCEMENTS CITY MANAGER HAYES - NONE CITY ATTORNEY NICHOLS - NONE MAYOR LORD - A SPECIAL THANK YOU TO ALL THE ORGANIZATIONS AND INDIVIDUALS AS WELL AS TO THE CITY STAFF AND HERMAN DAVIS WHO HELPED AT THE HARVEST CLUB WITH THE FAMILIES AFFECTED BY HURRICANE IVAN Page 7 of 9 Minutes-September 21,2004 Public Comments (Persons are limited to three minutes) James Blackwell 258 Briggs Beaumont TX Pastor, South Park Baptist Church; extended a thank you to Mayor Lord for bringing words of comfort to the Lane family and friends and to the Council members who attended the funeral;pleased to hear proclamation in support of the EMS,firefighterand law enforcement personnel; extended appreciation to Channel 6 and their staff for their help in providing additional connections for the crowd in the overflow area for the service Kerry J. Avie 1280 Saxe Street Beaumont TX Prayer for the City LeRoy Lewis III 7866 Gladys Beaumont TX Ideas to City Council: feels that eating establishments are unsanitary and more should be done to correct the situation; better streets, more sidewalks, wheelchair ramps and better drainage needs to completed in the City;an EEOC office should be based in the City;thanked Tom Warner and City Council for the recent improvements on the Ward IV streets Dean Tucker 2570 Laurel Avenue Beaumont TX Offered condolences forthe family and friends of Officer Lane;GOP Convention gave him a new appreciation forthe President;encouraged liberty to begin at home;freedom is greatest tool to fight terrorism Vernon Durden 2110 Westbury Road Beaumont TX Was glad to see the City come to the relief of those in need because of the storm; the community is behind the family of the Lane's and regret the loss;glad that Police Department has a contract;would like to see the Police Department racial make-up be more in line with the community racial make-up Benny Mendoza 5655 S. Kennith Street Beaumont TX Extended a thank you to everybody who attended the community fiesta and helped make it a success Open session of meeting recessed at 2:38 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 Douglas Manning, et al v. City of Beaumont Page 8 of 9 Minutes-September 21,2004 Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Manager City Attorney City Clerk There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Evelyn M. Lo ayor Rose Ann Jones, TRM City Clerk X Page 9 of 9 Minutes-September 21,2004