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MIN SEPT 18 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem, Ward III September 18, 2007 Jamie Smith,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on September 18, 2007 at the 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 1-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor L. Charles Treadway of New Life Tabernacle Church gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "American Business Women's Day"-September 22, 2007-Proclamation read by Mayor Ames; accepted by Jo Arnold with the American Business Women's Neches Chapter "Constitution Week" - September 17 - 23, 2007 - Proclamation read by Councilmember Wright; accepted by Marioreen Gibson and Ida Pyle with the Col. George Moffett Chapter National Society Daughters of the American Revolution Ida Pyle addressed Council and thanked them and the City for restoring the Temple of the Brave Update and status report relating to the after math of hurricane Humberto given by Tim Ocnascheck, Emergency Management Coordinator,Tom Warner, Public Works Director and Hani Thome, Water Utilities Director COUNCILMEMBER COMMENTS Minutes-September 18,2007 COUNCILMEMBER WRIGHT- PLEASED WITH THE WAY THAT THE CITY LOOKS, THANKED ALL OF THE EMPLOYEES FOR ALL OF THEIR HARD WORK, THANKED THE CITY MANAGER FOR CALLING AND CHECKING ON HER AFTER THE STORM MAYOR AMES - IMPRESSED WITH THE WAY ALL OF THE DEPARTMENTS WORKED TOGETHER,THANKED ALL OF THE FIRST RESPONDERS,WATERAND SEWER AND ALL OF THE CITY EMPLOYEES FOR ALL OF THEIR HARD WORK,THANKED ENTERGY FOR ALL OF THE HARD WORK THEY DID TO RESTORE LIGHTS TO ALL CITIZENS MAYOR PRO TEM- THANKED FIRST RESPONDERS,TIM OCNASCHECK AND ALL OF THE EMPLOYEES THAT WORKED SO HARD TO GET OUR CITY BACK ON LINE COUNCILMEMBER BEAULIEU - COMMENDED STAFF ON HOW EASY THEY MAKE THE EMERGENCY WORK LOOK,THANKED EVERYONE FOR ALL OF THEIR HARD WORK COUNCILMEMBER PATE - THANKED ENTERGY FOR ALL OF THEIR HARD WORK AS WELL AS THE CITY STAFF Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of September 11, 2007 Confirmation of committee appointments - None A) Authorize the City Manager to execute all documents necessary to accept funding for an Immunization Grant awarded to the Beaumont Public Health Department - Resolution 07- 274 B) Authorize the City Manager to execute all documents necessary to accept funding from the Department of State Health Services (DSHS) for the Regional and Local Staff Services (RLSS)-Local Public Health System Grant - Resolution 07- 275 C) Authorize the City Manager to execute all documents necessary to accept grant funding for the Tobacco Prevention Program provided by the Beaumont Public Health Department - Resolution 07- 276 D) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for "extra work" - Resolution 07- 277 Page 2 of 11 Minutes-September 18,2007 E) Authorize the City Manager to execute all documents necessary to accept the project titled"FY 08 Safety Traffic Enforcement Program (S.T.E.P.) Waves" - Resolution 07- 278 F) Approve a resolution accepting maintenance of Lakeway Drive in the Willow Creek Industrial Park Section II - Resolution 07- 279 G) Approve a request to deed surplus property to Habitat for Humanity for the development of affordable housing - Resolution 07-280 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYES: NONE MOTION PASSED GENERAL BUSINESS 1. Council consider the award of a bid for renovations to the 2nd and 3rd floors at City Hall. Administration recommended awarding a bid to Bruce's General Construction of Beaumont for furnishing all labor, materials,equipment and supplies to renovate the 2nd and 3rd floors of City Hall in the amount of $457,000. Eight(8)bids were received for renovations to the 2nd floor offices that will include a new "One Stop Center"to facilitate the construction permitting process. Citizens will be able to access staff from Building Codes, Planning, Public Works, Engineering, Demolition, Code Enforcement and Housing from one central location. The second floor offices of Planning, Building Codes and Engineering will be opened and a large service counter constructed. At the counter, staff will assist with citizen's and contractor's permitting requests. Contractor's wanting more detailed information concerning their plan approvals will be able to meet with individual staff in one of the newly constructed conference rooms. This renovation will eliminate public access to all offices on the 2 floor unless escorted by a staff member. Included in the renovation is furnishing and installing new carpet and tile, paint,ceiling tiles and remodeling some offices and storage areas to enhance work flow and staff accessibility. The 3rd floor offices,with the exception of the Executive Suite,will receive new carpet and tile, and will be repainted. Bruce's General Construction is a certified Minority Business Enterprise company. Page 3 of 11 Minutes-September 18,2007 The renovation is expected to begin by October 15th and be completed within 120 days. As work progresses, staff will be relocated to the recently vacated CVB offices on the 1St floor. Funds for this project are budgeted in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION FOR A BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION, BEAUMONT, TEXAS TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT AND SUPPLIES TO RENOVATE THE 2ND AND 3RD FLOORS OF CITY HALL IN THE AMOUNT OF$457,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 281 2. Council award of a bid for a new air handler and clean the air conditioning ducts in City Hall. Administration recommended award of a bid to Gowan, Inc. of Vidor in the amount of $330,288 forfurnishing all labor, materials, equipment and supplies to install a new air handler and clean all ducts in City Hall. Three (3) bids were received for furnishing all labor, materials, equipment and supplies necessary to replace the air handler and clean the air conditioning ducts in City Hall. The air handler currently in place is original to the building and has been refurbished numerous times. Due to its age, deteriorated condition and limited capacity, it does not control humidity nor allow the correct mixture of outside air to maintain proper climate control. This contract also includes duct cleaning to assure air quality. Funding is available in the Capital Program. Mayor Pro Tem Samuel made a motion to APPROVE A RESOLUTION FOR A BID SUBMITTED BY GOWAN,INC.,VIDOR,TEXAS,TO FURNISH ALL LABOR,MATERIALS,EQUIPMENT AND SUPPLIES TO INSTALL A NEW AIR HANDLER AND CLEAN ALL AIR-CONDITIONING DUCTS IN CITY HALL IN THE AMOUNT OF $330,288 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: NONE MOTION PASSED Page 4 Of 11 Minutes-September 18,2007 Resolution 07- 282 3. Consider amending the FY 2007 Budget related to the Fleet Fund and Solid Waste Fund. Administration recommended that Council amend the Fiscal Year 2007 Budget to appropriate additional expenditures and revenues for FY 2007 based on year end projections in the Fleet Fund and Solid Waste Fund. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. Due to increased fuel costs and greater than anticipated heavy equipment repairs and maintenance resulting in higher contract services and repairs and maintenance costs in the Fleet Fund, an increase of$850,000 in expenditures is proposed for the FY 2007 Budget. Revenues of $900,000 in excess of budget for FY 2007 are expected and should be appropriated. These revenues consist of service fees from departments city-wide that use vehicles and equipment in their operations. The levels of activity at the landfill have continued to remain high in the wake of Hurricane Rita. Because this higher demand has increased the need for repairs and maintenance of equipment, operating supplies, and fuel for equipment, an increase of $50,000 in expenditures is proposed for the FY 2007 Budget. Revenues of$900,000 in excess of what were budgeted for FY 2007 relating to landfill fees are expected and should be appropriated. Revenues for FY 2007 are expected to be greater than what was anticipated in the budget and will be sufficient to cover the increase in expenditures in both the Fleet Fund and the Solid Waste Fund. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2007 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUE FOR FLEET AND SOLID WASTE FUNDS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 089 4. Consider approving a one year agreement with Blue Cross Blue Shield of Texas for employee medical and dental insurance. Page 5 of 11 Minutes-September 18,2007 Administration recommended that Council award to Blue Cross Blue Shield of Texas (BCBSTX)a one year contract effective January 1, 2008 for third party administration of the City's fully insured Health Maintenance Organization(HMO Blue Texas), self funded Preferred Provider Organization (PPO) medical plan and a self funded dental plan. In July 2007,staff also began working with the City's health benefit consultant, Holmes Murphy &Associates to determine if the City should request bid proposals for the City's HMO, PPO, and dental plans or remain with the current administrator, BCBSTX for 2008. After researching various plans offered in the area, staff concluded that BCBSTX offered the most cost effective plans. Because of BCBSTX's extensive network,deep provider discounts, ability to retain continuity of insurance and the lack of other extensive provider networks,staff recommends renewal with BCBSTX. Initial renewal rates submitted by BCBSTX for the fully insured HMO plan increased 14.2%. PPO overall fixed costs consisting of stop loss and administration increased 4%. Renewal rates for the self funded dental plan did not increase. Holmes Murphy recommended that the City remain with BCBSTX because it offers cost effective plans with an extensive network and deep provider discounts. The medical rate increases are within industry trends. Funds are available for this expenditure in the Employee Benefits Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS FOR A ONE-YEAR AGREEMENT EFFECTIVE JANUARY 1,2008,WITH BLUE CROSS BLUE SHIELD OF TEXAS(BCBSTX) FOR THIRD PARTY ADMINISTRATION OF THE CITY'S FULLY INSURED HEALTH MAINTENANCE ORGANIZATION(HMO BLUE TEXAS ,SELF-FUNDED PREFERRED PROVIDER ORGANIZATION(PPO) MEDICAL PLAN AND ASELF-FUNDED DENTAL PLAN. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 283 5. Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans. Administration recommend that Council approve medical contribution rate changes for retirees including their dependents effective January 1, 2008. Page 6 of 11 Minutes-September 18,2007 Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statute. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently,there are 186 retirees on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%; single rate+1 at 58%; and the family rate at 54%of the COBRA rate on January 1 st annually." This same formula is utilized when calculating the contribution rate for civilian retirees. The City requested Holmes Murphy&Associates, City's health benefit consultant,to analyze the City's health care costs and to determine the 2008 medical COBRA rates. Appropriation of funds is available in the Employee Benefits Fund. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO IMPLEMENT THE FOLLOWING MEDICAL CONTRIBUTIONS FOR RETIREES INCLUDING THEIR DEPENDENTS EFFECTIVE JANUARY 1,2008. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 284 6. Consider approving a resolution to accept the Tyrrell Park and Downs Road Reconstruction Project, approve Change Order No. 1 and authorize final payment. Administration recommended acceptance of the Tyrrell Park and Downs Road Reconstruction Project, approval of Change Order No. 1 in the amount of($62,599.94)and final payment in the amount of $97,260.81. On June 6,2006,City Council awarded L. D. Construction the contract for the Tyrrell Park and Downs Road Reconstruction Project, for an amount of $1,874,740.10. This project has been inspected and completed in accordance with Terms and Conditions set out in the contract. Due to a decrease in construction item quantities, actually used during construction, Change Order No. 1 in the amount of ($62,599.94) is required, therefore decreasing the contract to $1,812,140.16. Funds are available in the Capital Program. Page 7 of 11 Minutes-September 18,2007 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE CITY MANAGER IS AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 IN THE AMOUNT OF ($62,599.94 THEREBY DECREASING THE CONTRACT AMOUNT TO $1,812,140.16. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 285 7. PUBLIC HEARING: Dangerous Structure This item was deferred WORKSESSION Review and discuss the status of the Gilbert Building located at 328 Bowie Tyrone Cooper, City Attorney stated that the work session was to review and discuss the status of the Gilbert Building located at 328 Bowie in downtown Beaumont.The building came into possession to the City in 1998 by both Wilbur Carroll Gilbert, Jr., and Elizabeth Gilbert Fortune. The building was to be designated as the"Gilbert Cultural Center"to be utilized as officers or other facilities for the arts, cultural, historic preservation and similar charitable organizations, as well as other compatible community/City activities or City-related organizations or agencies. At this time no formal vote or action has been taken by the previous council relative to the Gilbert Building only discussions and instructions on how council would like to proceed. Council asked that the City Manager and City Attorney look at what this building can be utilized as and the long term maintaining of the building, they ask that another workshop be presented to Council. COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- THANKED THE PLANNING AND ZONING COMMITTEE FOR ALL OF THEIR HARD WORK AND THE FIRST RESPONDERS. CONGRATULATED THE CITIZENS OF CALDER 1929;GLAD TO SEE THE CITIZEN PARTICIPATION, ALSO THANKED CHRIS BOONE,DEVELOPMENT SERVICES MANAGER FOR HIS HOURS OF LABOR Page 8 of 11 Minutes-September 18,2007 COUNCILMEMBER BEAULIEU - APOLOGIZED TO THE CITY MANGER AND CITY ATTORNEY REGARDING THE GILBERT BUILDING COUNCILMEMBER WRIGHT- GREATTIME AT THE IDA REED PICNIC, THANKED THE CLEAN COMMUNITY DEPARTMENT FOR CLEANUP IN HER NEIGHBORHOOD,COMMENTED ON THE PINK AFFAIR,ASKED IF THE CITY COULD HAVE A SHINE THE LIGHT COMMISSION, COMMENTED ON THE NEW FIRE TRUCK COUNCILMEMBER PATE - COMMENTED ON CONSTITUTION WEEK AND PATRIOT DAY, STATED THAT WE LIVE IN A GREAT COUNTRY WITH GREAT PEOPLE THAT DO GREAT THINGS, DON'T TAKE BEING FREE FOR GRANTED AND REMEMBER HOW GREAT AMERICA IS, SPOKE REGARDING THE PINK AFFAIR AND THE JOB EXPO AT THE BEAUMONT CIVIC CENTER,CONGRATULATED THE LAMAR UNIVERSITY GOLF TEAM MAYOR PRO TEM SAMUEL - VERY PROUD AND HAPPY TO CALL BEAUMONT HOME, THANKED THE FIRST RESPONDERS AND CITY EMPLOYEES FOR ALL THAT THEY DO,THANKED PARKS AND RECREATION AND THE CITY MANAGER FOR ALL THAT THEY DO FOR THE CONCERTS IN THE PARK,COMMENTED ON CALLS RECEIVED FROM THE NORTH END COMMUNITY ASSOCIATION REGARDING CONCERNS IN THEIR NEIGHBORHOOD COUNCILMEMBER SMITH - WISHED HIS FATHER-N-LAW A HAPPY BIRTHDAY AS WELL AS HIS WIFE MELANIE WHO WILL BE CELEBRATING HER 40TH BIRTHDAY, COMMENTED ON THE CONCERT IN THE PARK, THANKED DONALD FAULK, STACEY LEWIS AND THE MASONIC TEMPLE FOR ALL OF THEIR HARD WORK,THANKED CITY CREW FOR ALL OF THEIR HARD WORK IN THE AFTER MATH OF THE HURRICANE, ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL MEET AT SOUTH PARK BAPTIST CHURCH AT 6:30P.M., THURSDAY SEPTEMBER 20, 2007 AND THE PEAR ORCHID NEIGHBORHOOD ASSOCIATION WILL MEET AT THE L.L. MELTON YMCA AT 7:00 P.M.,THURSDAY SEPTEMBER 20, 2007. COUNCILMEMBER SMITH ANNOUNCED THAT EVERY 4TH SATURDAY OF EVERY MONTH HE WOULD BE AT THE THEODORE JOHNS LIBRARY TO MEET WITH ANY CITIZEN THAT WOULD LIKE TO TALK TO HIM REGARDING ANY CONCERNS THEY MAY HAVE BETWEEN THE HOURS OF 1:00 P.M. TO 3:00 P.M. CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 9 of 11 Minutes-September 18,2007 MAYOR AMES - COMMENTED ON THE KEEP BEAUMONT BEAUTIFUL COMMISSION, VERY PROUD OF THE CITY STAFF FOR DOING A GREAT JOB, THANKED THE CITY MANAGER AND TIM OCNASCHECK FOR CALLING TO CHECK ON HER THE DAY OF THE HURRICANE, COMMENTED ON PROSTATE AWARENESS MONTH IN SEPTEMBER AND BREAST CANCER AWARENESS MONTH IN OCTOBER. THE MAYOR ANNOUNCED THAT HABITAT FOR HUMANITY HAD THEIR FUND RAISER ON FRIDAY NIGHT,BEAUMONT COMMUNITY PLAYERS HAD THEIR GRAND OPENING OF THE RENOVATED THEATRE AT THE OLD UA PHELAN 6 BUILDING, ENTERGY SPONSORED A"MAKING THIS A BRIGHTER PROGRAM" FOR THE PARTNERS THAT HELP OUR CITIZENS THOROUGH OUT THE CITY Comments (Persons are limited to three minutes) Ruby Franklin 5335 Bigner Rd. Beaumont TX Spoke regarding concerns in the Pine Brook addition which were excessive speeding, high grass, loud music, illegally parking on the side of the street, profanity from her neighbors and prostitution Bruce Hoffer 2615 Gladys Beaumont TX Commented on the soccer game that took place over the weekend, thanked the Water Department once again for the water tower, commented on Habitat for Humanity, as well as the workshop regarding the Gilbert Building Brenda Gilbert 10745 Johnson Rd. Beaumont TX Spoke regarding the Gilbert Building and the Workshop Willard Hall 278 Pearl St. Beaumont TX Spoke regarding Item #7 on the agenda, concerned about damage to his building if the property next to his would be demolished EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Fire Fighters Executive Session was cancelled Page 10 of 11 Minutes-September 18,2007 There being no Executive Session, Council adjourned at 3:51 p.m. Audio tapes are available upon request in the City Clerk's Office. it" $EP.tJMp�%t�1 Becky At)Mayor Iw IF „. / Tina Broussard, City Clerk Page 11 of 11 Minutes-September 18,2007