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MIN MAY 10 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III May 10,2005 Audwin Samuel,Ward IV Tyrone E. Cooper, 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 May 10,2005, 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 1-9 /Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Rabbi Barbara Metzingerof Temple of Manuel gave the invocation. Councilmember Cokinos 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;Tyrone Cooper,City Attorney; Tina Broussard Deputy City Clerk, Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Days of Remembrance" - May 1 -8, 2005- Proclamation read by Mayor Lord; accepted by Rabbi Barbara Metzinger of Temple Emanuel "See Beaumont Week"-May 8-16,2005-Proclamation read by Councilmember Bealieu; accepted by Dean Conwell, Executive Director, Convention and Visitors Bureau and staff "National Foster Care Month"-May,2005-Proclamation read by Mayor Pro Tern Ames; accepted by Samantha Skinner, Michelle Harris, Executive Director, Buckner Children's Village "Southerland Head Start's Celebrate Father's Day" - Proclamation read by Councilmember Patterson; accepted by Dr. Deborah Williams "Motorcycle Safety and Awareness Month" - May, 2005 - Proclamation read by Councilmember Samuel; accepted by David Cacavra, Texas Motorcycles of America Minutes-May 10,2005 Recognition:Adopt-A-Street-Junior League of Beaumont adopting Maury Meyers Bridge and Rogers Park Announcement: Farewell Reception in Honor of Mayor Lord to be held on Thursday, May 12 at the Civic Center between 5:00 p.m. and 6:30 p.m. Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda. Allen Lee 5095 Maddox Beaumont, TX Item#9:Concerns regarding the Election,more early voting locations,also removal of the City Clerk Warning was given to Mr. Lee by the Mayor that he was exceeding permitted topic limits;his failure to comply with Council's Guidelines led to his being escorted from the Council Chambers by the Police Rev. Roy Malveaux 1340 Pipkin St. Beaumont, TX Item #9: Concerned with the position of the City Clerk and the need for more early voting locations Jude Paredez 1026 Gage Rd. Beaumont, TX Item #9: Discussed not having a problem voting and future concerns with electronic voting Roberto Flores 2425 Buchanan Beaumont, TX Item #9: City needs to come together Samuel Jackson 4404 Phelan Blvd. #109 Beaumont, TX Item #9: Asked where the City of Beaumont stands with the U.S. Department of Justice regarding the election; concerned with needing more polling locations for early voting Joseph Lewis P.O. Box 62 Beaumont, TX Item #9: Discussed the error that was made and corrected regarding the election; also concerned about City budget and how money is spent CONSENT AGENDA Approval of minutes - May 3, 2005 Confirmation of committee appointments - Resolution 05-108 Page 2 of 11 Minutes-May 10,2005 Marie Broussard would be reappointed to the Historic Landmark Commission. The current term would expire May 1, 2007. (Mayor Evelyn M. Lord) J.Shane Howard would be appointed to the Parks and Recreation Advisory Commission. The term would commence May 10, 2005 and expire May 9, 2007. (Mayor Pro Tern Becky Ames) Hubert Oxford IV would fill the unexpired term of Kip Glasscock on the Civil Service Commission. The term would commence May 10,2005 and expire October4,2005. (City Manager Kyle Hayes) A) Approve the sale of thirteen(13)parcels of City-owned surplus properties-Resolution 05- 109 B) Approve the sale of City-owned surplus property located at Major Drive at LNVA Canal - Resolution 05-110 C) Approve a resolution authorizing the acceptance of a drainage easement-Resolution 05- 111 D) Approve a resolution authorizing the CityAttorney or his designee to settle a bankruptcy claim with Pegasis Network Systems - Resolution 05-112 Mayor Pro Tern Ames moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 1. Consider approving a financing contract for the purchase of various equipment - Resolution 05-113 Administration recommended award of a bid fora five (5)year financing agreement with a fixed interest rate of 3.26%to Chase Equipment Leasing Corporation. Funds from the financing agreement will be used to pay for one (1)excavator, and one (1) articulated dump truck. All of the units have been delivered. The total cost of the equipment and the amount to be financed is$672,634.69. The first annual payment of$147,964.92 will be due one (1) year after execution of the agreement. Councilmember COkinos moved tO APPROVE RESOLUTION 05-113 FORAFIVE(5)YEAR FINANCING AGREEMENT WITH A FIXED INTEREST RATE OF 3.26%TO CHASE EQUIPMENT LEASING CORPORATION, COLUMBUS, OHIO, TO PAY FOR ONE (1) GRADALL, ONE (1) EXCAVATOR,AND ONE (1)ARTICULATED DUMP TRUCK TO BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. Page 3 of 11 Minutes-May 10,2005 AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider approving a contract for collection agency services - Resolution 05-114 Administration recommended the award of an annual contract to Management Koncepts, Inc. of San Antonio, Texas, for providing collection agency services. The Cash Management Division bills and collects fees for demolition,litter and weed abatements, landfill usage, damages to City property, and emergency medical services (EMS). Customers are billed at the time of service with subsequent statements sent at 30, 60, and 90 day intervals. Upon exhaustion of the City's collection efforts,accounts in excess of 120 days past due are considered delinquent and forwarded to a collection agency. Forty-nine(49)companies were notified and proposals were received from thirteen (13) companies. An evaluation was performed by the Finance Officer, City Treasurer, and Cash Management Division staff. Management Koncepts ranked the highest as it offers the City the most advantageous combination of services, experience, and cost. Management Koncepts has twenty-three (23)years of experience and offers a full range of automated services for both EMS and miscellaneous services collections. The company has provided successful collection services to the City during the past three (3) years. The commission due the vendor is 21% of the amount collected. Payment is strictly on a commission contingent basis and there is no cost to the City until funds have been collected. The previous contract with Management Koncepts included a 21% commission rate. Councilmember Cokinos moved to APPROVE RESOLUTION 05-114 THAT THE BID SUBMITTED BY MANAGEMENT KONCEPTS, INC., SAN ANTONIO, TEXAS, FOR AN ANNUAL CONTRACT TO PROVIDE COLLECTION AGENCY SERVICES FOR THE CASH MANAGEMENT DIVISION AT 21% COMMISSION FOR BOTH MISCELLANEOUS AND EMS ACCOUNTS BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 4 of 11 Minutes-May 10,2005 3. Consider approving a contract for improvements to Cottonwood and Magnolia Parks- Resolution 05-115 Administration recommended the award of a bid for furnishing all labor, equipment, materials and supplies necessary for improvements at Cottonwood and Magnolia Parks in the amount of$277,000 to N & T Construction Company of Orange, Texas. Bids were received forfurnishing all labor,equipment, materials and supervision for improvements to Cottonwood and Magnolia Parks. Improvements to Magnolia Park include new playground equipment,sidewalks,drainage improvements,renovations to the existing pavilion, and new benches. Included in the improvements to Cottonwood Park area new water playground,new playground equipment,a covered basketball pavilion, new picnic tables, sidewalks and drainage improvements. Work will begin in approximately two weeks and be completed within 120 days. This project is funded through Federal,State and local governments as shown below: Urban Park and Recreation Recovery 80% Program (UPARR) Texas Parks and Wildlife 10% General Improvements Fund (City 10% Contribution) 4. Consider approving a resolution to reject all bids received for the Downtown Improvements Pearl Street(Calder Avenue to College Street), Bowie Street(Pearl Street to Main Street), and Liberty Street (Pearl Street to Main Street) Interlocking Concrete Brick Pavers Project City Manager Hayes requested that this item be deferred for one week. 5. Consider approving a bid forfurnishing and installing new identification signsforCity parks - Resolution 05-116 Administration recommended the award of a bid forfurnishing and installing twenty- eight(28)panel name signs in the amount of$44,800 to Crabtree Barricade Systems, Inc. dba KyMoCo Signs and Graphics. Bids were received on Thursday,March 31,2005,forfurnishing twenty-eight(28)panel signs for installation at city parks. Currently, there are several styles of name signs located at city parks. These park identification signs are of different sizes,shapes and colors and many are worn and in need of replacement. In an effort to establish sign uniformity, specifications were developed for a sign similar to ones installed at the Energy and Art Museum of Southeast Texas. Page 5 of 11 Minutes-May 10,2005 Funds are available in the Capital Reserve Fund. Mayor Pro Tern Ames moved to APPROVE RESOLUTION 05-116 THAT THE BID SUBMITTED BY CRABTREE BARRICADE SYSTEMS,INC.DBAKYMOCO SIGNS AND GRAPHICS OF BEAUMONT, TEXAS, IN THE AMOUNT OF$44,800 TO FURNISH AND INSTALL TWENTY- EIGHT (28) PANEL SIGNS AT CITY PARKS BE ACCEPTED BY THE CITY OF BEAUMONT. 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 the sale of City-owned surplus property located at 1190 Grand Street - Resolution 05-117 Administration recommends the sale of a fire station located at 1190 Grand Streetto Jose Ruiz in the amount of$32,556. The former Fire Station No.5,located at 1190 Grand Street,was closed in 1992. The City is aggressively selling surplus property city-wide in an effort to get the properties back on the tax roll. Payments to the City for this property will be deposited in the General Fund. Councilmember Cokinos moved to APPROVE RESOLUTION 05-117 THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO EXECUTE A SPECIAL WARRANTY DEED FOR THE SALE OF A FIRE STATION LOCATED AT 1190 GRAND STREET TO JOSE RUIZ IN THE AMOUNT OF $32,556. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 7. Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization(BCHDO)forcosts associated with the construction of four new homes - Resolution 05-118 Administration recommended that City Council authorize the City Managerto execute a contract with the Beaumont Community Housing Development Organization (BCHDO)in the amount of$235,000 for costs associated with the construction of four new homes and for assistance with down payment/closing costs and developer's fees. Page 6 of 11 Minutes-May 10,2005 The City of Beaumont has a contractual relationship with the Beaumont Community Housing Development Organization (BCHDO) to provide affordable housing in targeted neighborhoods. Funding is available from the 2004 HOME Program. Councilmember Smith moved to APPROVE RESOLUTION 05-118 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (BCHDO) IN THE AMOUNT OF $235,000 FOR COSTS ASSOCIATED WITH THE CONSTRUCTION OF FOUR NEW HOMES AND MADE A PART HEREOF FOR ALL PURPOSES AND FOR ASSISTANCE WITH DOWN PAYMENT/CLOSING COSTS AND DEVELOPER'S FEES. Council member Cokinos seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 8. Consider approving a contract between the City of Beaumont and the Beaumont Community Housing Development Organization(BCHDO)forthe construction of one home - Resolution 05-119 Administration recommended that City Council authorize the City Managerto execute a contract with the Beaumont Community Housing Development Organization (BCHDO)in the amount of$95,000 forthe construction of a home at 3490 W. Euclid, and for a developer's fee. The City carried outthe necessary demolition of a home at 3491 W. Euclid,owned by Mr.Morris Jones,Jr.,a low-income seniorcitizen with a disability. The administration has determined that the now vacant lot is not suitable for construction due to an active chemical pipeline crossing the property diagonally. A suitable lot has been donated and the Administration recommends construction of a new home to avoid further displacing Mr. Jones. Funding is available from the 2004 HOME Program. Councilmember Patterson moved to APPROVE RESOLUTION 05-119 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE BEAUMONT COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (BCHDO) IN THE AMOUNT OF $95,000 FOR THE CONSTRUCTION OF A HOME AT 3490 W. EUCLID, AND FOR A DEVELOPER'S FEE. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 7 of 11 Minutes-May 10,2005 NAYS: NONE MOTION PASSED 9. Consider approving a resolution to issue a written reprimand to be placed in the City Clerk's personnel file - Resolution 05-120 Council approved a resolution to issue a Written Reprimand to be placed in the City Clerk's personnel file. Council discussed in Executive Session on Tuesday,May 3,2005,whether any action should be taken as a result of the errors occurring with the early voting and the inconsistent statements that followed. The possibility of the issuance of a Written Reprimand to the City Clerk was suggested. Councilmember Samuel moved to APPROVE RESOLUTION 05-120 THAT ISSUANCE OF AWRITTEN REPRIMAND IS HEREBYAUTHORIZEDAND IS TO BE PLACED IN THE CITYCLERK'S FILE. 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- THANKED ALL HER CONSTITUENTS FOR VOTING AND LOOKS FORWARD TO WORKING WITH THIS COUNCIL TO MAKING THIS CITY BETTER OVER THE NEXT TWO YEARS AND WILL BE VERY DEDICATED TO THAT; FEELS THAT THE DEPARTMENT HEADS AND EMPLOYEES MAKE US LOOK GOOD MOST OF THE TIME AND ARE VERY DEDICATED TO OUR CITY TO BE THE BEST WE CAN BE; REALLY APPRECIATES CITY ATTORNEY COOPER FOR KEEPING COUNCIL ON THE RIGHT PATH; ACKNOWLEDGED OUR POLICE FOR THE SECURITY PROVIDED COUNCILMEMBER PATTERSON - THANKED ALL THE CITIZENS WHO GAVE HER A VOTE OF CONFIDENCE BY RE-ELECTING HER BACKTO CITY COUNCIL; TREMENDOUS AMOUNT OF GRATITUDE TO THE VOLUNTEERS WHO HELPED IN HER ELECTION; ALSO RECOMMENDED ADDITIONAL EARLY VOTING SITES AND ADDITIONAL VOTING HOURS DURING THIS TIME Page 8 of 11 Minutes-May 10,2005 COUNCILMEMBER BEAULIEU - THANKED ALL THE PEOPLE WHO VOTED IN THIS ELECTION AND WOULD LOVE TO SEE MORE OF IT; APPRECIATE ALL THE PEOPLE WHO RAN,THE PEOPLE WHO CAMPAIGNED,THE PEOPLE WHO WORKED HARD FOR THEIR CANDIDATE AND IT IS A PART OF THE PROCESS AND IT IS A HEALTHY THING FOR ALL TO EXPERIENCE COUNCILMEMBER SAMUEL - THANKED ALL THE CONSTITUENTS WHO VOTED FOR HIM AND THOSE WHO DIDN'T VOTE FOR HIM AND COMMENDED HIS OPPONENT FOR A CLEAN, FAIR CAMPAIGN;WOULD LIKE THE COUNCIL TO CONSIDER ADDITIONAL EARLY VOTING PLACES IN THE FUTURE COUNCILMEMBER COKINOS - THANKED ALL THOSE WHO VOTED FOR HIM MAYOR PRO TEM AMES- THANKED EVERYBODY FOR VOTING FOR HER AND ALSO FOR THOSE WHO TOOK THE TIME TO VOTE AND MAKING A DIFFERENCE IN OUR CITY; NICE TO GET TO KNOW THE CANDIDATES BETTER; THANKED HER MANY VOLUNTEERS AND GENEROSITY OF HER SUPPORTERS; LOOKING FORWARD TO SERVING ON COUNCIL FOR THE NEXT TWO YEARS CITY ATTORNEY COOPER- CONGRATULATED EACH AND EVERY COUNCILMEMBER ON THEIR RE-ELECTION TO COUNCIL; THANK YOU TO MAYOR LORD FOR THE SERVICE SHE HAS RENDERED TO THE CITY OF BEAUMONT CITY MANAGER HAYES - CONGRATULATIONS TO THE COUNCIL ON THEIR ELECTION WINS AND WISHED THE MAYOR THE VERY BEST ON HER FUTURE ENDEAVORS MAYOR LORD - CONCURRED THAT WE APPRECIATE THOSE WHO TURNED OUT TO VOTE AND THOSE WHO HAD THE COURAGE AND WILLINGNESS TO SERVE BY RUNNING AS A CANDIDATE AND CONGRATULATES EACH ONE OF THEM; FEELS THAT MORE EARLY VOTING PLACES AND ADDITIONAL HOURS ARE NECESSARY;APPRECIATES EACH PERSON ON COUNCIL AND THE SERVICE RENDERED Public Comments (Persons are limited to three minutes) Roberto C. Flores Sr. 2425 Buchanan Beaumont TX Commented on the petition that was presented to the City Clerk's Office to rename Fletcher Mini Park to Cesar E. Chavez Park, requested that this item be put on City Council agenda Page 9 of 11 Minutes-May 10,2005 Dean Tucker 2570 Laurel Ave. Beaumont TX Expressed gratitude to media for his first amendment rights coverage Jerry Whittington Sr. 2164 Cable Ave. Beaumont TX Check into EMS;concerns regarding police and fire department;concerned about promotions within the City;alternative voting locations;check and recheck ballots,felt that they did not line up; need for high school program to educate high school students to vote; relationship with the City Clerk's office have always been positive Benny Mendoza 5655 S. Kenneth Beaumont TX Congratulated all Councilmembers on their re-election;feels Mayor Lord did a good job during her term; commented on Cinco de Mayo and it's success at Mendoza Plaza;congratulated the Clerk on a good job Godfrey Leggett 185 Marceline Beaumont TX Congratulated all Councilmembers on their re-election,wished Mayor Lord much success, discussed drainage problems, timing of traffic lights on major streets Jude Paredez 1026 Gage Rd. Beaumont TX Congratulated Guy Goodson; thanked everyone who ran for office; concerns about the renaming of Fletcher Mini Park,would like to donate an acre of land to the city for park which would be named Cesar Chavez Park;discussed not having any problems with this election but has concerns with future electronic voting Raymond Fontenot 2860 Sarah St. Beaumont TX Council needs to take criticism; unfair treatment of citizen; all citizens have a right to speak Samuel Jackson 4404 Phelan Blvd. #109 Beaumont TX Requested two early voting locations on Ave A and Magnolia Delores Davis 2298 Blanchette Beaumont TX Congratulated all Councilmembers on re-election,Mayor Lord on a job well done;agree there is a need for more early voting locations There was no Executive Session scheduled; therefore, Council adjourned at 3:08 p.m. Page 10 of 11 Minutes-May 10,2005 Audio tapes are available upon request in the City Clerk's Office. Evelyn M. L Mayor Tina Broussard, Deputy City Clerk 101 lt�k Page 11 of 11 Minutes-May 10,2005