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MIN OCT 02 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 October 2, 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 October 2,2007 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 1-5/Consent Agenda Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Pastor James Blackwell of South Park Baptist Church gave the invocation. Councilmember Wright led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Italian American History Month"-October, 2007, Proclamation read by Councilmember Coleman; accepted by Elise LaRocca, President, Italian American Society "Breast Cancer Awareness Month and Mammography Day" - September 27, 2007 Proclamation read by Councilmember Beaulieu;accepted by Norma Sampson,Julie Rogers "Gift of Life Program "National Arts and Humanities Month" - October, 2007, Proclamation read by Councilmember Smith; accepted by Kim Moncla, Executive Director, Southeast Texas Arts Council Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None Minutes-October 2,2007 CONSENT AGENDA Approval of minutes - Minutes of September 25, 2007 Confirmation of committee appointments - Resolution 07- 296 Lee Smith would be appointed to the Community Development Advisory Committee. The term would commence October 2, 2007 and expire October 1, 2009. (Councilmember Jamie D. Smith) Johnny Casmore would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire January 31, 2009. (Councilmember Alan B. Coleman) A) Approve a contract for the purchase of wastewater treatment polymer- Resolution 07-297 B) Authorize the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for "extra work" - Resolution 07- 298 C) Authorize the City Manager to enter into a contract with the Centerfor Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program -- Resolution 07- 299 D) Approve a resolution making changes to authorized signatories for City of Beaumont accounts for banking or investment purposes - Resolution 07- 300 E) Approve a resolution adding Laura Clark as a designated investment official for the City of Beaumont effective October 2, 2007 and deleting Max Duplant effective October 15, 2007- Resolution 07- 301 F) Authorize the City Manager to execute a License Agreement to use Beaumont Fire/Rescue Services logos, emblems, icons, names and likenesses on its die-cast and plastic toy vehicles - Resolution 07- 302 G) Authorize the Beaumont Convention & Visitors Bureau to receive grant monies from the Jefferson County Tourism Council for distribution of the 2007-2008 regional visitors guide- Resolution 07- 303 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Page 2 of 12 Minutes-October 2,2007 GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-X111. Administration recommended approval of a contract with Allco, Ltd., Beaumont,Texas, in the amount of$429,796.02 to rehabilitate approximately 1,425 linear feet of 6-inch, 5,974 linear feet of 8-inch, 597 linear feet of 10-inch and 755 linear feet of 12-inch sanitary sewer lines,to furnish and install approximately 6 new manholes,to remove and replace approximately 22 manholes, abandon approximately 1 manhole,furnish and install approximately 6 end of line clean outs and to replace approximately 89 service line connections in the Caldwood area. The project will rehabilitate East,West, South and Central Caldwood Drives and Cross Drive. All American Construction Supply, Inc. is listed by Allco, Ltd. as their supplierto meet the MBE goals. The amount of the subcontract is for a total of$60,000 which represents 13.96 percent of the total bid. Funds for the project are available in the Water Utilities Fund. Councllmember Coleman made a motion APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LTD., OF BEAUMONT,TEXAS, IN THE AMOUNT OF$429,796.02 FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT -XIII. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 304 2. Consider approving a contract for improvements to the Athletic Complex. Administration recommended that a bid be awarded to Bruce's General Construction of Beaumont in the amount of$308,713.27 for furnishing all labor, materials, equipment and supplies to reconstruct nine baseball fields at three complexes at the Athletic Complex. Three of the four complexes at the Athletic Complex on Langham Road have been refurbished since their original construction. For the past thirty years, soil materials have been continually added to alleviate drainage issues and prepare fields for play. Play on the fields has become limited during inclement weather as water does not drain quickly to render the fields playable. This contract includes grading each field in accordance with standard baseball field design regulations, installing storm water drainage inlets, and seeding. Page 3 of 12 Minutes-October 2,2007 Work should commence on or before October 15, 2007. The low bidder, Bruce's General Construction, is a Certified Minority Business Enterprise. Funds are available in the Capital Program. Councllmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION, BEAUMONT, TEXAS, FOR FURNISHING ALL MATERIALS, LABOR,EQUIPMENT AND SUPPLIES FOR THE RECONSTRUCTION OF NINE(9)BASEBALL FIELDS AT THREE (3) COMPLEXES AT THE ATHLETIC COMPLEX IN THE AMOUNT OF $308,713.27 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE, AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 305 3. Consider approving a two-year agreement for Basic Life and Accidental Death and Dismemberment (AD&D), Supplement Life and Accidental Death and Dismemberment (AD&D) and Dependent Life Insurance. Administration recommended that Council award to Aetna a two-year contract effective January 1, 2008 for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment(AD&D)and Dependent Life Insurance. Currently, the City provides basic life and accidental death and dismemberment (AD&D) insurance for approximately 1,221 employees.The City sponsored basic life and accidental death and dismemberment insurance is provided at no cost to the employee.The amount of basic life/AD&D insurance is 100%of the employee's annual base salary rounded to the next highest $1,000 to a maximum benefit of $50,000. Employees may elect to purchase supplemental life and accidental death and dismemberment and dependent life at a group rate. The group rate is usually more costeffective than an individual policyforthe employee. Supplemental life,which includes AD&D and dependent life, is offered to all employees with approximately 934 currently participating. This coverage has been provided through Aetna since January 1, 2006. In August 2007, City staff began analyzing the City's life insurance cost. Staff also began working with the City's benefit consultant, Holmes Murphy & Associates to solicit bid proposals on the City's behalf. Requests for Proposal (RFPs) were sent to twenty-five carriers and agents. Holmes Murphy received six proposals including the incumbent's quote for basic life and AD&D, supplemental life and AD&D, and dependent life insurance. Six declined and there was no response from thirteen.The proposers were Aetna,AC Newman, Fort Dearborn, Lincoln Financial, Minnesota Life, and Unimerica. Page 4 of 12 Minutes-October 21 2007 Upon receipt and review of the proposals, Holmes Murphy worked with City staff to determine the top three—Aetna, Fort Dearborn and Lincoln Financial. Upon further negotiation and clarification, Fort Dearborn and Lincoln Financial were eliminated from consideration. Neither was able to match all current benefits nor contract language required from the City, such as portability, actively-at-work, and existing AD&D provisions. After final negotiations, Aetna lowered their original basic life renewal rate per$1000 from$0.14 to$0.13 and lowered their voluntary life/AD&D rate from $0.25 to $0.24. Funds are available for this expenditure in the Employee Benefits Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A TWO-YEAR CONTRACT WITH AETNA, INC., FOR BASIC LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) AND DEPENDENT LIFE INSURANCE EFFECTIVE JANUARY 1, 2008. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 306 4. Consider authorizing the participation of the City of Beaumont with other Entergy-Gulf States, Inc. (EGSI), service area cities to intervene in proceedings before the Federal Energy Regulatory Commission on file in 2007 or to be filed in 2008 concerning EGSI. Administration recommended the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy-Gulf States, Inc., service area cities to intervene in proceedings concerning EGSI before the Federal Energy Regulatory Commission on file in 2007 or to be filed in 2008. Entergy-Gulf States, Inc. (EGSI), as well as the other Entergy operating companies such as Entergy Arkansas, Inc., Entergy Louisiana, Entergy Mississippi, Inc., and Entergy New Orleans, Inc., operates as a single unit under the Entergy system agreement. The system agreement governs the rights and duties among the Entergy operating companies. As a condition to participating in a system agreement, each operating company has to be put in roughly the same position as the rest of the operating companies so that each company enters the agreement on equal terms and no company has any advantage relative to the others. One factor in the equalization of the operating companies is the relative cost of producing energy. Basically,those operating companies who can produce energy at lower costs make payments to those operating companies that require higher costs for the production of energy. This adjustment is done through what is called the"Entergy Service Schedule MSS-3." After making these adjustments,the production costs for each Entergy operating company should be roughly the same. Page 5 of 12 Minutes-October 2,2007 Currently, there is one case before the Federal Energy Regulatory Commission (FERC) involving EGSI that will affect the rates of Texas customers in which Cities should intervene. In December of 2005, FERC issued an order in a case filed by the Louisiana Public Service Commission regarding the rough production cost equalization allocation. FERC determined that the Entergy system was no longer in rough production cost equalization and revised the method for determining such allocations. Under the resulting calculation, Entergy Arkansas is to pay an estimated $293 million to $385 million per year to the other Entergy operating companies. In 2005,the yearly payment to EGSI for 2006 forward was estimated to be in the range of $196 million to $264 million. The current case before FERC was filed pursuant to the above-referenced order to determine the rates that will result from the FERC's previous decision. Among the issues Cities have a stake in are the allocation of these payments among the Entergy operating companies and the allocation of EGSI's share of the payments between Texas and Louisiana customers. On January 23, 2007, by Resolution No. 07-025,the City Council authorized participation with other Entergy service area cities in matters concerning Entergy-Gulf States, Inc., before the Public Utility Commission of Texas. This authority, however,does not provide for participation with the Cities' Steering Committee in matters before the Federal Energy Regulatory Commission. This action is a request for authority to participate with the Cities' Steering Committee representing Entergy service area cities in matters before the Federal Energy Regulatory Commission. All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. COuncilmember Wright made a motion to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY GULF STATES, INC., AT THE FEDERAL ENERGY REGULATORY COMMISSION FIELD IN 2007 AND 2008. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 307 5. Consider approving a payment for emergency demolition services at 320 College Street. Administration recommended payment for emergency demolition services at 320 College Street in the amount of$81,400 to CST Environmental, Inc. of Houston. Page 6 of 12 Minutes-October 2,2007 The structure at 320 College Street, known as the Waldman Smallwood Building, was damaged during Hurricane Rita. City staff identified the structure as being in need of repair in June 2006. Council deferred the issue to the property owner in September 2006 allowing time to consider repair options. In December 2006, Council issued an order to the owner to raze or repair the structure within 150 days. On July 23,2007, City staff inspected the property and found no repairs had been completed by the property owner. New structural cracks had formed on the north end of the building and the brick facade was in imminent danger of collapse. Rain was the probable cause of the continued shifting of the structure. There was also evidence that people were accessing the interior of the building. The structure had become a public hazard and required immediate demolition. State of Texas statutes provide an exemption to competitive bidding if the procurement is necessary to preserve or protect public health and safety. Funds are available for this expenditure in the FY 2007 General Fund Budget. A lien in the amount of the cost of demolition will be filed against the property on which the building was located. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT IN THE AMOUNT OF $81,400 TO CST ENVIRONMENTAL, INC., OF HOUSTON, TEXAS, FOR. EMERGENCY DEMOLITION SERVICES AT 320 COLLEGE STREET. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 308 PUBLIC HEARING: Receive comments relating to the ad valorem taxation of goods-in-transit Public Hearing Open - 2:04 p.m. Larry Kelley 5055 MLK Parkway Beaumont TX Explained what his company does in the City of Beaumont and that he was in favor of this bill Public Hearing Closed - 2:06 p.m. 6. Consider a resolution 'to tax tangible personal property (goods-in-transit) which would otherwise be exempt pursuant to the Texas Tax Code, Section 11.253. Page 7 of 12 Minutes-October 2,2007 Administration requested approval of a resolution to tax tangible personal property in transit which would otherwise be exempt pursuant to the Texas Tax Code, section 11.253. House Bill 621, which takes effect January 1, 2008, amends the Tax Code and the Government Code to add an exemption from ad valorem taxation for"goods-in-transit". The exemption applies to tangible personal property that is acquired in or imported into Texas, detained at a location in Texas in which the property owner does not have a direct or indirect ownership interest, used for assembling, storing, manufacturing, processing, or fabricating purposes, and transported to another location in Texas or out of state not later than 175 days after the property was acquired in or imported into Texas. "Goods-in-transit" does not include oil, natural gas, petroleum products, or any types of equipment to which special inventory taxes apply such as automobiles, mobile homes, heavy equipment, etc. Local taxing units may elect not to participate in the exemption. However, in order to do so, the taxing unit must hold a public hearing and adopt a resolution to continue taxing"goods-in- transit". Because this is a new exemption, the potential loss in revenue due to the exemption cannot be estimated. However, based on conversations with the Jefferson County Appraisal District, it is anticipated that a significant reduction in ad valorem taxes and industrial payments could result if the exemption is allowed. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION OF THE CITY OF BEAUMONT TO TAX TANGIBLE PERSONAL PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE,SECTION 11.253. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 309 PUBLIC HEARING: Dangerous Structures Public Hearing convened at 2:07 p.m. Public comments were made by the following people who personally appeared and requested additional time to make repairs to their property. David Price 2302 Evalon Ave. Beaumont TX Item #6: 2302 Evalon Ave. Page 8 of 12 Minutes-October 2,2007 Theodore R. Johns Sr. 3225 Blossom Drive Beaumont TX Item #31: 296 Pearl/330 Liberty (Commercial) Willard Hall 278 Pearl Beaumont TX Item #30: 268-70 Pearl (Commercial) James Alvarado 5095 Tupelo St. Beaumont TX Item#2: 260 Alma E. (Rear Garage/Carport) Jessica A. Daye 5090 Sassafras Beaumont TX Item #33: 2105 Pope Brian Austin P.O. Box 898 Beaumont TX Item #30: 268-70 Pearl (Commercial) Robert Tinkle 1980-1990 Tulane Beaumont TX Item #44: 1980 - 90 Tulane (Duplex) Walter Kyle 4405 Magnolia Beaumont TX Item #13: 4590 Harding Drive Charlton Hornsby 381 Broadway St. Beaumont TX Item#28: 681 Park(Commercial)@ Forsythe(Correspondence received by Mayor Pro Tern Samuel) Public Hearing closed at 3:15 p.m. Public Hearing reconvened at 3:15 p.m. Mildred Hall 278 Pearl Beaumont TX Item #30: 268 - 70 Pearl (Commercial) Public Hearing closed at 3:21 p.m. 7. Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program. Page 9 of 12 Minutes-October 2,2007 Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE Councilmember Beaulieu made a motion to APPROVE ALL THOSE PERSONS THAT CAME BEFORE COUNCIL REQUESTING EXTENSIONS ON PROPERTIES 2,6, 13,25,28,30,31,33 AND 44 ALONG WITH CORRESPONDENCE RECEIVED ON PARK STREET, BE REMOVED FROM RAISED TO RAISE OR REPAIR. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 105 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONGRATULATED MAYOR PRO TEM ON A GREAT JOB BRINGING THE NLC TO OUR CITY, CONGRATULATIONS TO MAX DUPLANT FOR ALL OF HER HARD WORK AND GOOD LUCK ON HER NEW JOB IN IRVING, TEXAS COUNCILMEMBER BEAULIEU - THANKED MAX DUPLANT FOR ALL OF HER HARD WORK WISHED HER WELL IN HER NEW JOB,THANKED MAYOR PRO TEM FOR A GREAT JOB HE DID WITH THE NATIONAL LEAGUE OF CITIES CONFERENCE COUNCILMEMBER WRIGHT- THANKED MAYOR PRO TEM FOR THE GREAT JOB HE DID ON THE CONFERENCE HELD THIS WEEK, DISCUSSED THE FIREBALL RUN AND SUPPORT OF MISSING CHILDREN,URGED EVERYONE TO VOTE FOR THE SCHOOL BOND ON THE UPCOMING BALLOT IN NOVEMBER, COMMENTED ON THE INCIDENT THAT OCCURRED OVER THE WEEKEND, WISHED MAX DUPLANT WELL IN HER NEW JOB Page 10 of 12 Minutes-October 2,2007 COUNCILMEMBER PATE - COMPLEMENTED MAYOR PRO TEM ON A GREAT JOB ON THE NATIONAL LEAGUE OF CITIES CONFERENCE, COMMENTED ON THE BISD BOND ISSUE, ENCOURAGE ALL CITIZENS TO GET INVOLVED IN THEIR NEIGHBORHOOD ASSOCIATION, WISHED MAX DUPLANT GOOD LUCK IN HER NEW JOB COUNCILMEMBER SMITH - THANKED MAYOR PRO TEM SAMUEL FOR THE GREAT CONFERENCE HELD THIS WEEKEND, THANKED MAX DUPLANT AND WISHED HER WELL IN HER NEW JOB, BLESSED SACRAMENT WILL HAVE A COOK-OFF THIS SATURDAY, OCTOBER 6, 2007 AT 5:00 P.M. MAYOR PRO TEM SAMUEL - WISHED MAX DUPLANT WELL IN HER NEW JOB AND THANKED HER FOR ALL OF HER HARD WORK, THANKED STAFF FOR ALL OF THEIR HARD WORK AND HELP REGARDING THE NATIONAL LEAGUE OF CITIES CONFERENCE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - COMMENTED ON THE HARD WORK THAT THE MAYOR PRO TEM DID IN PREPARING FOR THE NATIONAL LEAGUE OF CITIES CONFERENCE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Joe Lewis P.O. Box 62 Beaumont TX Spoke regarding properties that are being demolished instead of refurbished and placed back on the tax roll Jonathan Mark Cassidy 1040S. 4 In St. Beaumont TX Informed the City of unlawful dumping across from the Best Years Center, as well a break in at his home Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Discussed insurance monies received on the Gilbert building due to Hurricane Rita There being no Executive Session Council adjourned at 3:46 p.m. Page 11 of 12 Minutes-October 2,2007 Audio tapes are available upon request in the City Clerk's Office. Mp �1�1 Audwin Sam or Pr Tern �Ir III iU Tina Broussard, City Clerk Page 12 of 12 Minutes-October 2,2007