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MIN MAY 17 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III May 17, 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 17,2005, 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 Mayor Lord called the council meeting to order at 1:30 p.m. The Rev. Byron Crocker of St. Marks's Episcopal 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;Tyrone Cooper,City Attorney; Rose Ann Jones, City Clerk. Mayor Lord made welcoming remarks to Guy N. Goodson, his family and his friends; extended congratulations to Guy Goodson as well as to all those reelected to the council;expressed a special thankyou and appreciation to the cityworkers,the department heads,the judges,City Attorney,City Clerk, and the City Manager with a special thank you to her husband Sam; also thanked all the citizens who have been so wonderful over the past three years. ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 7, 2005 City General Election - Ordinance 05-043 EC§67.003 states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the eighth day or later than the eleventh day after election day. Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results of the May 7,2005 election to elect a Mayor,two Councilmembers-At-Large,Councilmember Ward I, II, III and IV. Elected officials will be sworn in and take office in their respective positions. The election was ordered by Ordinance No. 05-021 on March 8, 2005. Minutes-May 17,2005 Councilmember Smith moved to ADOPT ORDINANCE 05-043 AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 7T"DAY OF MAY, 2005, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, COUNCILMEMBER WARD I, II, III AND IV; AND PROVIDING FOR SEVERABILITY. Councilmember Samuel seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Administration of the oath of office That the results of said regular City election are and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the state of Texas: For Mayor: Guy Goodson 74.67% For Councilmember-At-Large: Becky Ames 33.55% For Councilmember-At-Large: Andrew P. Cokinos 16.12% Councilmember Ward I: Lulu L. Smith 60.14% Councilmember Ward II: Nancy Beaulieu 100.00% Councilmember Ward III: Audwin M. Samuel 76.19% Councilmember Ward IV: Bobbie J. Patterson 75.05% Judge James D. McNicholas, Chief Magistrate, swore in the following: Guy N. Goodson Mayor Lulu L. Smith Councilmember Ward I Nancy Beaulieu Councilmember Ward II Andrew P. Cokinos Councilmember-At-Large Becky Ames Councilmember-At-Large Judge Theodore Johns, City Magistrate swore in the following: Audwin M. Samuel Councilmember Ward III Bobbie J. Patterson Councilmember Ward IV Following the Oaths of Office, Evelyn M. Lord invited Mayor Goodson to come and replace her seat at the Dais. At this time, Mayor Goodson asked Councilmembers if they wished to address this assembly to recognize their achievements and their accomplishments in the recent elections. Page 2 of 8 Minutes-May 17,2005 COUNCILMEMBER SMITH- APPRECIATED THE LOYAL SUPPORT OF HER CONSTITUENTS FOR THE PAST 18 YEARS AND IT HAS BEEN GRATIFYING TO SEE THE THINGS THAT HAVE BEEN DONE AND LOOK FORWARD TO MORE BEAUTIFUL OUTCOMES COUNCILMEMBER BEAULIEU - THANKED EVERYBODY FOR THE OPPORTUNITY TO SERVE THE CITY, VERY PROUD AND EXCITED TO BE PART OF THE GROUP AND PARTICULARLY APPRECIATED HER CONSTITUENTS WHO HAD ENOUGH CONFIDENCE IN HER NOT TO GO OUT AND FIND SOMEBODY ELSE TO RUN COUNCILMEMBER COKINOS - THANKED EVERYBODY WHO VOTED FOR HIM AND TO VOTE FOR HIM AGAIN NEXT TIME MAYOR PRO TEM AMES - THANKED EVERYBODY FOR TAKING THE TIME TO GO OUT AND VOTE AND TO PARTICIPATE IN THE PROCESS; MET A LOT OF NEW FRIENDS DURING THIS CAMPAIGN; APPRECIATED HER NEW SUPPORTERS AND HER PAST SUPPORTERS; LOOKING FORWARD TO THE NEXT TWO YEARS, FELT THAT A LOT HAS BEEN ACCOMPLISHED AND THAT THE CITY WILL CONTINUE TO MOVE FORWARD; THANKED MAYOR LORD AND CONGRATULATED MAYOR GOODSON COUNCILMEMBER SAMUEL - THANKFUL FOR THE OPPORTUNITY TO SERVE THE PEOPLE IN THE CITY PARTICULARLY THOSE IN WARD III; STATED THAT HE DOES NOT TAKE THIS OBLIGATION LIGHTLY, WILL CONTINUE TO SERVE WITH HONOR,RESPECT AND LOOKING FORWARD TO THE COMING YEARS WITH AN OPPORTUNITY TO BRING THIS CITY CLOSER TOGETHER AND MOVE INTO A POSITIVE DIRECTION; THANKED HIS FAMILY FOR ALL THEIR SUPPORT; GAVE APPRECIATION TO ALL THOSE WHO VOTED FOR HIM AND ALSO THOSE WHO DID NOT VOTE FOR HIM IN HOPES THAT THEY WILL HAVE THE OPPORTUNITY TO SEE THAT HE SERVES, SIMPLY TO SERVE THE PEOPLE COUNCILMEMBER PATTERSON - THANKED HER FAMILY, FRIENDS AND ALL HER CONSTITUENTS; THANKED ALL THOSE WHO WENT OUT TO VOTE AND ESPECIALLY THOSE WHO VOTED FOR HER; WELCOME BACK TO ALL HER COUNCIL COHORTS; WELCOMED AND CONGRATULATED THE NEW MAYOR; WILL CONTINUE TO SERVE WITH HONESTY, INTEGRITY, HONOR AND TO THE BEST OF HER ABILITY MAYOR GOODSON - THANKED THE CITY OF BEAUMONT FOR THE OPPORTUNITY TO SERVE AND THE SUPPORT RECEIVED; THANKED HIS FAMILY FOR THEIR WILLINGNESS AND SUPPORT; THANKED Page 3 of 8 Minutes-May 17,2005 HIS FRIENDS AND PARTNERS FOR THEIR CONTINUED SUPPORT; CONGRATULATED FELLOW COUNCILMEMBERS FOR THEIR SUPPORT AND START OF HIS CAREER;THANKED JUDGE MCNICHOLASAND JUDGE JOHNS;THANKED BYRON CROCKER FOR HIS MANY YEARS OF FRIENDSHIP AND HIS ENTIRE FAMILY AT ST. STEVENS AS WELL AS HIS EXTENDED FRIENDS AT ST. MARKS; THANKED MAYOR LORD FOR HER SERVICE TO THE CITY Recess Recess was called at 1:55 p.m. RECONVENE MEETING Mayor Goodson reconvened the regular Council meeting at 2:20 p.m. Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items/Consent Agenda Consent Agenda Presentations and Recognition "National Transportation Week" - May 15 -24, 2005- Proclamation read by Mayor Pro Tern Ames; accepted by Mike Stanley, President and Mike Garza,Vice President, Sabine District Transportation Club, Inc. "National Maritime Day"-May 22,2005-Proclamation read by Councilmember Samuel; accepted by Lester Smith, President, Janet Floyd, Immediate Past President, and Lavelle Lemonier, Treasurer, Seafarers' Center of Beaumont Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. None CONSENT AGENDA Approval of minutes - May 10, 2005 Confirmation of committee appointments - None A) Approve a resolution authorizing eminent domain proceedings to acquire Lot 5 and Lot 6 of Block 9 of the Van Wormer Addition located at 998 College for the Martin Luther King, Jr. Park - Resolution 05-121 B) Approve a resolution authorizing eminent domain proceedings to acquire Lot 10 of Block 9 of the Van Wormer Addition located at 935 Wall for the Martin Luther King, Jr. Park - Resolution 05-122 Page 4 of 8 Minutes-May 17,2005 C) Approve a contract for the City's Independence Day fireworks display-Resolution 05-123 Council member Samuel moved to approve the Consent Agenda. Council member Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,BEAULIEU,COKINOS,PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contractforthe Summer Food Service Program-Resolution 05-124 Administration recommended awarding a contract to Moncla's, Inc. of Beaumont, Texas,forfurnishing lunches forthe Summer Food Service Program sponsored bythe Recreation Division in the amount of$2.24 per lunch served. The program,which isfunded bythe U.S. Departmentof Agriculture and administered by the Texas Department of Human Services, provides free, nutritious, and well- balanced meals to any child up to eighteen (18)years of age. This is the fourteenth year the Recreation Division has participated in this program. The program will begin June 6, 2005 and continue through August 12, 2005. Last year, 18,858 meals were delivered by Moncla's Inc. at a cost of$2.24 per lunch for a total of$42,241.92. Lunches were served for forty(40)days last summer at six (6) locations. The number of lunches served this year is expected to increase to approximately 58,000 because lunches will be served forty-nine(49)days and will be delivered to ten (10) locations. The cost of each lunch served will be reimbursed to the City from the Texas Department of Human Services. The cost based on serving an estimated quantity of 58,000 lunches at $2.24 each is $129,920. Councilmember Smith moved to APPROVE RESOLUTION 05-124 THAT THE BID SUBMITTED BY MONCLA'S, INC. OF BEAUMONT, TEXAS, TO FURNISH LUNCHES FOR THE SUMMER FOOD SERVICE PROGRAM (SFSP) SPONSORED BY THE RECREATION DIVISION IN THE AMOUNT OF$2.24 PER LUNCH BE ACCEPTED. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,BEAULIEU,COKINOS,PATTERSON AND SAMUEL Page 5 of 8 Minutes-May 17,2005 NAYS: NONE MOTION PASSED 2. Consider approving a contract for the Downtown Improvements Pearl Street, Bowie Street and Liberty Street Interlocking Concrete Brick Pavers Project -Resolution 05- 125 Administration recommended awarding the bid forthe 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 to Placo, Ltd., in the amount of$2,094,178.15. On March 28, 2005, a total of three(3)bids were received for the Project with Placo, Ltd. being the apparent low bidder. During the review and evaluation of the bids, an errorwas discovered in the apparent low bidder's bid documents. The errorchanges the position of the low bidder to the second lowest bidder. The review and evaluation of the bids for the new apparent low bidder, Allco, Inc., revealed thatthey did not attend the mandatory pre-bid conference as required bythe bid documents. If the project was awarded to Allco, the other bidders would have grounds to challenge the award since they did not attend the pre-bid conference. The disqualification of the Allco bid now makes Placo the low bidder for the project. Additionally, Placo has indicated that they will execute a change order reducing the contract amount by$100,000 to reflect their bid based on the numerical unit cost for Item 686 Pedestrian Signal Assembly. The numerical unit cost and the written unit cost were in conflict. The written unit cost takes precedent in the bid specifications. Funds are available for this project in the Capital Improvement Program Fund. Council member Coki nos moved to APPROVE RESOLUTION 05-125 THAT THE BID IN THE AMOUNT OF$2,094,178.15 SUBMITTED BY PLACO,LTD. OF BEAUMONT,TEXAS,FOR THE DOWNTOWN IMPROVEMENTS PEARL STREET (CALDER AVENUE TO COLLEGE STREET), BOWIE STREET(PEARL STREET TO MAIN STREET),AND LIBERTY STREET(PEARL STREETS TO MAIN STREET) INTERLOCKING CONCRETE BRICK PAVERS PROJECT IS HEREBY ACCEPTED. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,BEAULIEU,COKINOS,PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED Page 6 of 8 Minutes-May 17,2005 COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - WELCOME BACK TO MAYOR GOODSON COUNCILMEMBER SAMUEL- THANKED THE CITY MANAGER FOR THE CAPITAL IMPROVEMENT BOOK WHICH INCLUDED STATUS OF THE CONCORD ROAD PROJECT, PHASE IV, WHICH IS IN THE DESIGN PHASE AND WILL CONTINUE TO PROCEED; CONGRATULATED MAYOR GOODSON MAYOR PRO TEM AMES - WELCOME TO MAYOR GOODSON COUNCILMEMBER COKINOS - WELCOME TO MAYOR GOODSON COUNCILMEMBER BEAULIEU - WELCOME TO MAYOR GOODSON COUNCILMEMBER SMITH - CONGRATULATED MAYOR GOODSON; GLAD TO BE BACK AND LOOK FORWARD TO WORKING WITH COUNCIL; ENCOURAGED TO HEAR THAT THE CONCRETE BRICK PAVERS PROJECT WILL BE EXTENDED FROM COLLEGE TO CALDER CITY MANAGER HAYES- CONGRATULATED MAYOR GOODSON AND CONGRATULATED THE COUNCILMEMBERS ON THEIR REELECTION MAYOR GOODSON- PLEASED TO HAVE THE EXPERIENCE OF WORKING WITH THE CURRENT COUNCILMEMBERS; WANTS TO HEAR MORE ABOUT WHAT IS GOING ON IN CITY HALL AND COUNCIL; THANKED THE MANAGER AND HIS OFFICE FOR BEGINNING THE PROCESS OF BETTER COMMUNICATIONS WITH THE CITIZENS BY PURCHASING EQUIPMENT FOR A MORE USER FRIENDLY FORMAT ON CHANNEL 4; CLOSE ATTENTION WILL CONTINUE TO BE MADE IN THE CDBG FUNDING INCLUDING THE 25-35% CUTS AND ALL OPPORTUNITIES WILL BE EXPLORED TO CONTINUE FUNDING PROGRAMS; UPDATE AT THE STATE LEVEL, IF THE SCHOOL FUNDING BILL IS PASSED AND THE EFFECT OF THE SALES TAX RECEIPTS WILL BE ON THE CITY; PLANS TO SIT DOWN WITH EACH INDIVIDUAL COUNCILMEMBER AND DISCUSS THEIR NEEDS AND CONCERNS; NOTHING WRONG WITH DISAGREEMENT AND DEBATES AS THIS IS A LARGE CITY; APPRECIATES AND RESPECTS EACH INDIVIDUAL WHO REPRESENT THEIR CONSTITUENTS AS WELL AS THE BEST INTERESTS OF THE ENTIRE CITY Page 7 of 8 Minutes-May 17,2005 Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Congratulated those elected; concerned about the barricade on Brickyard Lake on 11 to Street,would like it replaced with a concrete barrier forthe safety of drivers and those who use this lake Larry Wells 320 Adams Beaumont TX Congratulated those elected;concerned with the violence in and around Alice Keith Park and neighboring residents are very concerned with the poor way this park is being monitored Roy D. Kirkland 5715 Townhouse Lane Beaumont TX Congratulated those elected; concerned with the increase in train noise especially around Langham intersection and would like this noise ordinance enforced Roberto Flores Sr. 2425 Buchanan Beaumont TX Congratulated those elected;requested that MayorGoodson reviewthe neighborhood plans; requested that the renaming of Fletcher Mini Park be placed on the agenda for a vote Jude Paredez 10620 Gage Road Beaumont TX Congratulated Mayor Goodson;concerned about the debt that the City is incurring and wants a tighter control on debt expenditures Open session of meeting recessed at 2:55 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tomas Villalobos v The City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio tapes av ' le upon request in the City Clerk's Office. ►'"° M�} 1 AW low Guy . Goodson �1W y , Mayor ®,� Pr � aaa LU Rose Ann Jones, TRMC City Clerk �It Page 8 of 8 '�'��► '��"®!'� Minutes-May 17,2005