Loading...
MIN OCT 23 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 Tern, Ward III October 23, 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 23, 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 6-13/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Associate Staff Minister Katherine Briggs of Antioch Missionary 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 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 "Pastoral Care Week" - October 21 - 27, 2007 - Proclamation read by Mayor Pro Tern Samuel; accepted by members of the Pastoral Care Ministry Councilmember Smith recognized two City Employees from the Water Utilities Department, Barry Burns and George Randle, who helped a 92 year old Senior Citizen by replacing a $1,500 sewer line. Public Comment: Persons may speak on scheduled agenda items 6-13/Consent Agenda. None Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. Minutes-October 23,2007 CONSENT AGENDA Approval of minutes - Minutes of October 16, 2007 Confirmation of committee appointments - None A) Authorize the City Manager to execute an Interlocal Agreement with Drainage District No. 6 for the installation and maintenance of the Gulf Terrace Detention Facility Hike and Bike Trail- Resolution 07- 333 B) Authorize the City Manager to execute all documents necessary to accept funding from the Department of State Health Services(D.S.H.S.)for the W.I.C. Grant FY 2008- Resolution 07- 334 C) Approve a renewal of an annual maintenance agreement for Zoll Data Systems software support - Resolution 07- 335 D) Approve a Change Order for the renovation of the elevator at the Civic Center- Resolution 07- 336 E) Authorize the acceptance of a ten (10)foot wide exclusive Water Line Easement out of the A. Williams Survey located at 2660 IH 10 East - Resolution 07- 337 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a specific use permit to allow a coffee house in the CBD (Central Business District) at 493 Pearl Street. Administration recommended approval of a request for a specific use permit to allow a coffee house in a CBD (Central Business District) at 493 Pearl Street. The building was remodeled several years ago to be used as a bakery. The building was later used as a finance company. The Crawfords state that the coffee shop will sell coffee and tea drinks, offer daily and weekly newspapers, provide a location for wireless internet access and be available for meetings, art shows for local artists and live music. Customer seating and orders prepared to go will be offered. The planned operating schedule is Monday - Page 2 of 16 Minutes-October 23,2007 Wednesday, 6:30 a.m. to 3:00 p.m. and Thursday- Saturday, 6:30 a.m. to 10:00 p.m. The coffee shop will have one full-time employee and two part-time employees. At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow a coffee house in a CBD (Central Business District) at 493 Pearl Street. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A COFFEE HOUSE IN A CBD (CENTRAL BUSINESS DISTRICT) LOCATED AT 493 PEARL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07-108 2. Consider approving a request for a specific use permit to allow an apartment complex in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District located on the east side of N. Major Drive, south of Old Major Drive. Administration recommended approval of a request for a specific use permit to allow an apartment complex in a GC-MD-2(General Commercial-Multiple Family Dwelling-2)District located on the east side of N. Major Drive, south of Old Major Drive. Seneca Management, Inc. is proposing to construct an 18 building apartment complex. The complex will consist of apartments of varying square footage,club house, swimming pool and related parking. At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow an apartment complex in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located on the east side of N. Major Drive, south of Old Major Drive. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN APARTMENT COMPLEX IN A GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2)DISTRICT LOCATED ON THE EAST SIDE OF N.MAJOR DRIVE, SOUTH OF OLD MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, AND SMITH NAYS: NONE Page 3 of 16 Minutes-October 23,2007 MOTION PASSED Ordinance 07- 109 3. Consider approving a request for a specific use permit to allow a drinking place in the CBD (Central Business District) at 650 Orleans Street. Administration recommended approval of a request for a specific use permit to allow a drinking place in a CBD (Central Business District) at 650 Orleans Street. The applicants state that the business, Orleans Street Pub and Patio, is to include a pub, night club and patio area. Pub activities will include electronic dart boards, pool tables,juke box and flat screen TV's. The night club will include a dance floor. The patio will include a stage for karaoke and other performers. The business will be open seven days a week from 5:00 p.m. to 2:00 a.m. At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow a drinking place in a CBD (Central Business District) at 650 Orleans Street subject to the following condition: • There will be no BYOB as part of the operation of the business. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A CBD(CENTRAL BUSINESS DISTRICT) LOCATED AT 650 ORLEANS STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 110 4. Consider approving a request for a specific use permit to allow a church in an NC (Neighborhood Commercial) District at 5250 Helbig Road. Administration recommended approval of a request for a specific use permit to allow a church in an NC (Neighborhood Commercial) District at 5250 Helbig Road. Reverend Phillip Battles, representing Pentecostal Christ Holy Sanctified Church, has applied for a specific use permit to allow a church in an NC (Neighborhood Commercial) District. Reverend Battles states that the church has been in existence since 1983. Its original location on Black Lane was destroyed by Hurricane Rita. The church would like to relocate to the subject property on Helbig. Page 4 of 16 Minutes-October 23,2007 At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow a church in an NC(Neighborhood Commercial)District at 5250 Helbig Road subject to the following conditions: • Provide a 6' wide landscape strip along the parking lot frontage along Helbig Road • A 10' wide landscape strip along the north and east sides of the property and with a modification to the requirement of an 8'tall wood screening fence along the north and east sides of the property (unless a formal complaint is made by the adjacent property owners) and to the requirement of landscape islands in the parking lot (no additional landscape islands). Mayor Pro Tem Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN NC(NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 5250 HELBIG ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 111 5. Consider approving a request for a specific use permit to allow a physician's office in an RCR (Residential Conservation and Revitalization) District at 2331 North Street. Administration recommended approval of a request for a specific use permit to allow a physicians office in an RCR (Residential Conservation and Revitalization) District at 2331 North Street. Dr. Mae Wesson has again applied for a specific use permit to allow a physicians's office in an RCR (Residential Conservation and Revitalization) District. The property is located at 2331 North Street. Dr.Wesson states that all exams are by appointment only. Office hours are 10 a.m.-5:30 p.m. At any one time there will be no more than two vehicles. At a Joint Public Hearing held October 15, 2007, the Planning Commission voted 5:2 to approve a specific use permit to allow a physicians office in an RCR (Residential Conservation and Revitalization) District at 2331 North Street subject to the following condition: • Parking, as shown on the site plan, must be provided in the rear yard of the subject property or the applicant must obtain a special exception to the parking requirement from the Board of Adjustment Page 5 of 16 Minutes-October 23,2007 and with modifications to the landscaping/screening requirements along the east, west and south sides of the property 61/2'wood screening fence along approximately 106'of the east property line; 4' chain link fence along the south property line and along approximately 106' of the west property line; and 3' wide landscape strip along the east property line. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PHYSICIAN'S OFFICE IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2331 NORTH STREET IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 112 6. Consider approving a contract for the purchase of fittings, pipes and couplings for use in the Water Department. Administration recommended award of an annual contractfor purchasing fittings, pipes, and couplings to various vendors. The estimated total annual expenditure is $543,301.66. Bids were requested for an annual contract for couplings, brass fittings, plastic tubing, and other water-related materials for use by the Water Utilities Department. The materials are used in the repair of existing water lines, installation of new water service lines, and in the maintenance of existing water mains and meters. Sixteen (16)vendors were notified,with five(5)responding. Specifications required vendors to submit pricing for lead-free American or domestic-made products. In addition, specifications stated that bidders must maintain firm pricing for the entire contract period. VENDOR SECTION BID ACT Pipe and Supply, Houston Bolted Couplings $36,370.50 Couplings $39,264.50 Service Saddles $21,536.50 Coburn Supply, Beaumont Angle Stops $89,544.45 Bends $10,300.85 Check Valves $4,864.00 Mechanical Joint Restrainers $20,669.80 Meter Boxes $100,085.80 Page 6 of 16 Minutes-October 23,2007 Nipples $10,476.50 Tubing $8,416.00 Golden Triangle Pipe, Beaumont Fire Hydrant Bury $111,735.00 (Deferred) Fire Hydrant Extensions $5,492.20 HD Supply Waterworks, Lufkin Valves and Valve Taps $71,306.56 Rural Pipe and Supply, Jasper Bushings $1,654.00 Valve Boxes $11,585.00 TOTAL ESTIMATED ANNUAL COST: $543,301.66 Funds are available for this expenditure in the Water Utilities Department's operating budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BIDS FOR AN ANNUAL CONTRACT FOR PURCHASING FITTINGS,PIPES AND COUPLINGS FOR USE BY THE WATER UTILITIES DEPARTMENT SUBMITTED BY THE VENDORS FOR AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF $426,014.46 BE ACCEPTED BY THE CITY OF BEAUMONT AND DEFERRING THE BID FROM GOLDEN TRIANGLE PIPE OF BEAUMONT,TEXAS. 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- 338 7. Consider authorizing the award of a contract for the First Baptist Church Parking Lot Construction Project. Administration recommended awarding the contract for the First Baptist Church Parking Lot Construction Project to H. B. Neild and Sons, Inc. in the amount of $269,000.00. On October 4, 2007, the City of Beaumont received one (1) bid for the First Baptist Church Parking Lot Construction Project. The bid was submitted by H. B. Neild & Sons, Inc. in the amount of $269,000.00 The estimated cost of the project prior to receipt of bid was $250,000.00. The MBE goal will be met through subcontracting with the MBE firms of Crabtree Barricade Systems and Garden of Gethsemane in the amount of$21,432.00 representing 8% of the contract amount. Funds are available in the Capital Program. Page 7 of 16 Minutes-October 23,2007 Councilmember Coleman made a motion to APPROVE RESOLUTION THAT THE BID SUBMITTED BY H.B.NEILD AND SONS,INC.,OF BEAUMONT,TEXAS, FOR A CONTRACT FOR THE FIRST BAPTIST CHURCH PARKING LOT CONSTRUCTION PROJECT IN THE AMOUNT OF$269,000 BE ACCEPTED BY THE CITY OF BEAUMONT. 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- 339 8. Consider renewing an annual maintenance agreement for HTE, Inc. software support. Administration recommended payment of an invoice to HTE, Inc.forthe renewal of an annual maintenance agreement for software support in the amount of $92,395. HTE, Inc. Software is used by various City Departments. This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. Funding is budgeted for Fiscal Year 2008. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO APPROVE PAYMENT OF AN INVOICE IN THE AMOUNT OF $92,395 TO SUNGUARD HTE,INC.FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE SUPPORT USED BY VARIOUS CITY DEPARTMENTS FOR AN ANNUAL PERIOD BEGINNING OCTOBER 1, 2007. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 340 9. Consider authorizing the City Manager to execute a warranty deed in favor of the Heirs of Wilbur Carroll Gilbert, Jr., W. C. Gilbert, Sr., and Elizabeth Gilbert Fortune transferring the interest that the City of Beaumont may have in the property located at 328 Bowie Street, Beaumont, Texas. Page 8 of 16 Minutes-October 23,2007 Administration recommended approving a resolution authorizing the City Manager to execute a warranty deed in favor of the Heirs of Wilbur Carroll Gilbert, Jr., W. C. Gilbert Sr., and Elizabeth Gilbert Fortune transferring the interest that the City of Beaumont may have in the property located at 328 Bowie Street, Beaumont, Texas. I n 1998 the City was the beneficiary of a testamentary gift from Wilbur Carroll Gilbert, Jr., W. C. Gilbert, Sr., and Elizabeth Gilbert Fortune which made possible the acquisition of the Gilbert Building at 382 Bowie Street in downtown Beaumont, Texas. The deeds of conveyance contain certain restrictive covenants as to how the building was to be restored, used and maintained. At the time of the conveyance, the City agreed to use reasonable diligence in the restoration, preservation and maintenance of the building as is practicable and within the City's ability to do. To assist in that effort, Mrs. Fortune provided, in her will,that after all of her individual bequests were satisfied, the balance of her estate would go to the Foundation of Southeast Texas to assist with restoration of the building. These funds were later depleted through litigation expenses in a Will contest initiated by the heirs. After an extensive assessment of what it would take to restore the building for proper use, the City Manager has determined that because of age and deteriorated condition, it is not economically feasible for the City to restore the building for the purposes mandated by the I on heir is demanding a reversion of the v n n s. For this reason and the fact that at east e coeat g property, it is in the best interest of the citizens of the City of Beaumont to allow the building to revert to the grantors as provided for by the covenants. Reversion to private ownership will put the property back on the tax rolls for purposes of ad valorem taxation. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A WARRANTY DEED IN FAVOR OF THE GRANTOR AS PROVIDED IN THE DOCUMENTS OF CONVEYANCE BY WHICH THE CITY OF BEAUMONT RECEIVED OWNERSHIP OF THE ABOVE-DESCRIBED PROPERTY. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 341 10. Consider approving Change Order No. 5 for the Martin Luther King, Jr. Park. Administration recommended approval of Change Order No. 5 in the amount of$37,000 for inscribing cast stone panels at Martin Luther King Jr. Park. The construction contract was awarded by Council to N &T Construction, Inc. in the amount of$648,000. Construction is underway and the wording for the cast stone panels has been finalized. Page 9 of 16 Minutes-October 23,2007 The four sets of panels along the park pathway will be inscribed with various excerpts from Dr. King's speeches. The price could not be established until the manufacturer was provided with the number of letters, size and font style. h completion date be extended until December 15 The contractor has requested that the co p ,2007. The wording for the panels was submitted to the contractor on October 1. Funds are available in the Capital Program. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5 INCREASING THE CONTRACT AMOUNT BY $37,000 FOR A TOTAL CONTRACT AMOUNT OF $765,083 FOR THE CONSTRUCTION OF MARTIN LUTHER KING, JR. PARK. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 342 11. Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for "extra work". Administration recommended approval of increasing the Rehabilitation of the Primary and Secondary Trickling Filters Project amount by $34,965.35. The proposed changes to the contract will remove three concrete plugs for the headworks building and channel, replace the specified Garlock gaskets with 1/8"neoprene gaskets on Primary Trickling Filter No. 1, sand blast existing distribution arms for Primary Trickling Filter No. 2, Secondary Trickling Filter No. 1 and Secondary Trickling Filter No. 2 to prepare the surface to be galvanized, repair three (3)sections of the distribution tubes from Primary Trickling Filter No. 2 by cutting the bottom section of the tubes at the weld seams on both sides and installing a 1/4" carbon steel plate bent to the original radius and cutting new holes for the orifice ports to match the original holes,furnish and install 325 new stainless steel spreader plates and 325 new stainless steel spacer plates on Primary Trickling Filter No. 2, repair the top of one distribution tube section by cutting out the damaged area and welding a 1/4" carbon steel plate in place and weld up dimple holes on the distribution tubes for Primary Trickling Filter No. 2, and increase the contract time by 81 calendar days. The additional days increases the total contract time to 441 calendar days. The proposed extra work will represent an increase of 2.34% of the original contract amount. The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure, increased flows during normal operational conditions and deteriorated structures and equipment. The project will Page 10 of 16 Minutes-October 23,2007 rehabilitate and replace structural components and install new equipment to meet present and future demands and State and Federal regulations. Funds for the project are available in the Capital Program. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 FOR"EXTRA WORK"THEREBY INCREASING THE CONTRACT AMOUNT BY $34,965.35 FOR A TOTAL CONTRACT AMOUNT OF $1,531,219.35. 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- 343 12. Consider approving Change Order No. 1 for renovations to City Hall. Administration recommended approval of Change Order No. 1 in the amount of$58,391.06 for new carpet to be installed on the 1 St floor of City Hall. A contract was awarded to Bruce's General Construction in the amount of $457,000 for renovations to the 2nd and 3rd floors of City Hall. Included in the remodeling is the installation of new carpet. Upon placing the order for the carpet required for the 2nd and 3rd floors, it was discovered that greater discounts would be realized if the quantity of carpet for all floors was placed with the initial order. Additionally, the carpet will be milled from the same dye lot to ensure color consistency. Upon completion of the 2�d and 3rd floors, the design of the 1s' floor will be completed. Included will be renovations to the Human Resources Department, Cash Management offices and Council Chambers. All 1 St floor offices, including Council Chambers, will receive new carpet. Bruce's General Construction in conjunction with Porter's Carpet will store carpet until the 1 st floor renovations are completed. The base bid of $457,000 will be increased by $58,391.06 or 13%. Funds are available in the Capital Program. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 INCREASING THE CONTRACT AMOUNT BY$58,391.06 FOR A TOTAL AMOUNT OF$515,391.06 TO INCLUDE CARPET FOR THE 2ND AND 3RD FLOORS OF CITY HALL TO RECEIVE A GREATER DISCOUNT. Councilmember Wright seconded the motion. Page 11 of 16 Minutes-October 23,2007 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 344 13. Consider nominating C. L. Sherman to the Jefferson County Appraisal District Board of Directors. Administration recommended approval of the nomination of Mr. Sherman. The terms of the current Board members expire on December 31, 2007. All governmental entities within Jefferson County have an opportunity to submit nominations for the Board of Directors. Entities wishing to do so were to adopt a resolution making the nomination and file it with the Jefferson County Appraisal District prior to October 15. The October 15 deadline was missed; however, the deadline was extended to October 23, 2007. C. L. Sherman currently serves on the Board of Directors. Before October 30, each entity entitled to vote will be mailed a ballot listing all nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit the resolution back to the Jefferson County Appraisal District before December 15. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THATTHE CITY COUNCIL HEREBY NOMINATES C. L. SHERMAN AS A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE JEFFERSON COUNTY APPRAISAL DISTRICT. 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- 345 PUBLIC HEARING: Receive comments related to the proposed termination of the City of Beaumont Solid Waste Franchise Agreement granted to Arrow Waste, Inc. by repealing Ordinance No. 05-029. Public Hearing Convened at: 2:03 p.m. Calvin W. Bates P.O. Box 30210 Houston, TX 77249 Requested more time to pay debt owed to the City of Beaumont Public Hearing Closed at: 2:05 p.m. Page 12 of 16 Minutes-October 23,2007 14. Consider approving the termination of the City of Beaumont Solid Waste Franchise Agreement granted to Arrow Waste, Inc. by repealing Ordinance No. 05-029. Administration recommended termination of the franchise granted to Arrow Waste, Inc. by repealing Ordinance No. 05-029 due to the company's violation of the terms and conditions of its franchise to operate a solid waste collection and transportation service. Arrow Waste, Inc.was granted a franchise in March 2005. Since May 2006 the company has failed to make timely monthly franchise payments. They currently have not paid amounts which were due on August 15 and September 15, 2007 totaling $1,200.34. They have also not reported or paid amounts due on October 15, 2007 or responded to collection efforts. The most recent payment for franchise fees, received on August 23, 2007 in the amount of $2,200.00,was payment for delinquent amounts owed for prior months. The City's Controller is currently conducting an audit of the company's financials and preliminary audit findings have found that the Company owes additional funds to the City in the amount of$3,014.83. In addition, Arrow Waste owes delinquent landfill charges for which they have been paying $5,000.00 per month since February 2007. The current balance for use of the landfill is $17,052.50 and the most recent payment was on October 5,2007 in the amount of$5,000.00. In accordance with rocedures stated in the franchise agreement, a letter was mailed on p g September 21, 2007 notifying Arrow Waste, Inc.that they were required to make payment in full of all delinquent obligations owed to the City under the terms of the franchise agreement within ten (10)days. In the letter,they were given notice that their failure to comply would result in termination of their franchise. There are currently five solid waste franchises operating within the City of Beaumont. Forthe integrity of the franchises, all businesses are required to pay timely. Termination of the franchise does not extinguish the debt owed to the City of Beaumont by Arrow Waste, Inc. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REPEALING ORDINANCE NO 05-029 GRANTING A FRANCHISE TO ARROW WASTE,INC.,TO OPERATE A SOLID WASTE COLLECTION AND TRANSPORTATION SERVICE IN THE CITY OF BEAUMONT AND PROVIDING AN EFFECTIVE DATE. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 07- 113 COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) Page 13 of 16 Minutes-October 23,2007 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- CONGRATULATED LAURA CLARK ON HER NEW POSITION AS CHIEF FINANCIAL OFFICER, THANKED BEAUMONT POLICE OFFICERS ASSOCIATION FOR A SUCCESSFUL NEGOTIATION AND CONTRACT SIGNING CEREMONY LAST FRIDAY,MUSEUM DAYS IS THIS SATURDAY FROM 9:00 A.M. TO 12:00 A.M. THEY WILL BE SERVING FRIED CRICKETTS ENCOURAGED EVERYONE TO COME OUT, CONGRATULATIONS TO MEMORIAL HERMAN BAPTIST HOSPITAL THEY WILL RECEIVE THE SPINDLE TOP AWARD FROM THE BEAUMONT CHAMBER OF COMMERCE AT THERE ANNUAL BANQUET, ALSO THANKED STAFF IN THE WATER UTILITIES DEPARTMENT COUNCILMEMBER BEAULIEU- CONGRATULATED LAURA CLARK ON HER NEW POSITION AS CHIEF FINANCIAL OFFICER, ANNOUNCED THE TRAINING RECEIVED TO BE A MEDIATOR, SHARED INFORMATION REGARDING DISPUTE MEDIATION WITH JEFFERSON COUNTY AND RECOMMENDED EVERYONE USE THESE SERVICES COUNCILMEMBER WRIGHT - COMMENTED ON THE MUSEUM DAYS, CONGRATULATED COUNCILMEMBER BEAULIEU ON HER MEDIATION TRAINING, ANNOUNCED THAT ST.JOHN MISSIONARY BAPTIST CHURCH HELD THERE AMERICAN BAPTIST CHURCH CONVENTION AND THE MUSICAL HELD ON MONDAY NIGHT, ENCOURAGED EVERYONE THAT HAS NOT PURCHASED A PINK CARD IN SUPPORT OF BREAST CANCER AWARENESS MONTH TO DO SO COUNCILMEMBER PATE - COMPLIMENTED THE YMBL FOR PUTTING ON THE MOST SUCCESSFUL FAIR IN THE HISTORY OF THE YMBL, COMPLIMENTED C.L."SUNNY"SHERMAN FORTHE 2YEARS OF SERVICE AND THE GREAT JOB HE HAS DONE AS THE CHAIRMAN OF THE BEAUMONT CHAMBER OF COMMERCE. COMMENTED THAT DAVID PARMER WHO IS GOING TO RECEIVE THE AWARD ON BEHALF OF MEMORIAL HERMAN BAPTIST HOSPITAL WILL BE TAKING OVER AS THE CHAIRMAN OF THE CHAMBER OF COMMERCE,COMMENTED ON THE RECORD HIGH NUMBER OF BUILDING PERMITS THAT THE CITY HAS ISSUED IN THE AMOUNT OF 765,THANKED THE WATER UTILITIES DEPARTMENT FOR ALL OF THEIR HARD WORK AND ALL STAFF THAT WORK FOR THE CITY OF BEAUMONT, THANKED THE BEAUMONT POLICE DEPARTMENT FOR THE SIGNING OF THE LABOR AGREEMENT, CONGRATULATED SHAWN DAVIS FOR BEING APPOINTED AS Page 14 of 16 Minutes-October 23,2007 THE DIRECTOR OF THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION MAYOR PRO TEM SAMUEL - INVITED EVERYONE TO ATTEND THE WARD III TOWN HALL MEETING THAT WILL BE HELD ON THURSDAY OCTOBER 25, 2007 AT 5:30 P.M.,ANNOUNCED THATTHE TRINITY VALLEY ASSOCIATION WOULD BE MEETING THIS WEEK,COMMENTED ON SECURING A SCHOOL ZONE ON CALDER AS WELL AS ADEQUATE LIGHTING IN THE 700 BLOCK OF EAST LUCAS COUNCILMEMBER SMITH - WISHED GLORIA AND GILBERT FONTENOT A HAPPY 51sT ANNIVERSARY AS WELL AS A HAPPY BIRTHDAY TO GLORIA FONTENOT, ANNOUNCED THAT THE TYRRELL PARK AND SOUTH PARK NEIGHBORHOOD ASSOCIATIONS WOULD BE MEETING ON THURSDAY, OCTOBER 25, 2007, THANKED BARRY BURNS, GEORGE RANDLE AND DR. HANI TOHME FOR THE GREAT JOB THEY DID FOR OUR CITIZEN MS.ANNIE BROUSSARD, AS WELL AS ALL OTHER DEPARTMENTS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - SPOKE REGARDING THE ST. JOHN MISSIONARY BAPTIST CHURCH CONVENTION, CONGRATULATED PASTOR MARK SMITH ON HIS ANNIVERSARY THIS PAST WEEKEND AT THE HOLY TEMPLE CHURCH, COMMENTED ON THE SERVICES AND THE AMOUNT OF PEOPLE THAT ATTENDED THE 40TH ANNIVERSARY OF THE CATHOLIC DIOCESE AND THE 100TH ANNIVERSARY OF THE ST. ANTHONY CATHEDRAL BASSILICA, CONGRATULATED LAURA CLARK ON HER NEW POSITION AS THE CHIEF FINANCIAL OFFICER Public Comments (Persons are limited to three minutes) Brenda Holmes Gilbert 10745 Johnson Rd. Beaumont TX Thanked Council for returning the Gilbert Building as well as other comments regarding the Gilbert building Open session of meeting recessed at 2:25 p.m. Page 15 of 16 Minutes-October 23,2007 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City Manager City Attorney There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. cky Ames, yor ®` ,�UN10 ���, i 4- 1+� Tina Broussard, City Clerk Page 16 of 16 Minutes-October 23,2007