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Home My WebLink AboutMIN DEC 10 2013M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward 1 CITY COUNCIL MEETING Michael D. Getz, Ward 11 Audwin Samuel, Ward III December 10, 2013 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 December 10, 2013, 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 -6 /Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Eddie McGriff with House of Prayer Missionary Baptist Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Getz, Pate, Samuel and Smith. Absent: Councilmember Coleman. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Coleman was absent due to being out of the City. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1 -6 /Consent Agenda. Fabian T. Moye' Sr. 5480 Washington Blvd. Beaumont TX Spoke to Council regarding Item #1 on the Agenda; the termination of his current contract for mowing privately owned properties, Mr. Moye' discussed issues regarding the lapse in insurance pertaining to his contract Ara Ann Morris 4045 Treadway Beaumont TX Spoke to Council regarding Item #1 on the Agenda; the termination of the contract for CIMA Utility for the mowing of privately owned properties, Ms. Morris stated that she works Minutes — December 10, 2013 for Mr. Moye' and takes full responsibility for the lapse in insurance as she has been ill and takes care of the office work and has been out for a while, this resulted in the lapse of coverage CONSENT AGENDA Approval of minutes — November 26, 2013 Confirmation of committee appointments — Resolution 13 -272 Jon Reaud would be reappointed to the Community Development Advisory Committee. The current term would expire September 24, 2015. (Councilmember W. L. Pate, Jr.) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire October 1, 2015. (Councilmember Jamie D. Smith) Allen Perkins would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 8, 2015. (Councilmember W. L. Pate, Jr.) Bill Bianchi would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 27, 2015. (Councilmember Audwin M. Samuel) Mel Wright would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 18, 2015. (Mayor Becky Ames) Rocky Chase would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 18, 2015. (Mayor Becky Ames) Thomas Sigee would be reappointed to the Historic Landmark Commission. The current term would expire December 5, 2015. (Councilmember Audwin M. Samuel) A) Approve a resolution authorizing the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement located at 195 North 7th Street — Resolution 13 -273 B) Approve a resolution authorizing the acceptance of a five foot wide Exclusive Sanitary Sewer Easement located at 134 North 7th Street — Resolution 13 -274 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Minutes — December 10, 2013 MOTION PASSED GENERAL BUSINESS Consider a resolution terminating the current contract for mowing privately owned, vacant developed and vacant properties with CIMA Utility. Privately owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is billed. Council Resolution 12 -181 awarded the contract to CIMA Utility (CIMA) on August 21, 2012. The contract is divided into four (4) sections and CIMA was awarded one section. CIMA has satisfactorily completed work since the award of contract; however, one of the requirements of this contract is for the contractor to provide workers' compensation, general liability and automobile liability insurance with no lapse of coverage during the contract period to exceed fifteen (15) days. If there is any lapse in these insurances the contractor is to notify the City immediately and cease all operations until authorized to resume in writing by the City. On November 29, 2012, City staff inquired about CIMA's insurance status from their insurance company. That same day, CIMA received notice from the City to cease operations due to their workers' compensation insurance being cancelled. This insurance was reinstated and CIMA was allowed to continue contracting with the City. On February 12, 2013, City staff inquired about CIMA's insurance status from their insurance company. That same day, CIMA received a notice from the City to cease operations due to their general liability insurance and automobile liability insurance being cancelled. Both insurances were reinstated and CIMA was allowed to continue contracting with the City. On November 14, 2013, the City staff inquired of the automobile liability insurance carrier as to the status of CIMA's policy. The insurance carrier stated that CIMA's automobile liability insurance was cancelled on August 11, 2013 and sent documentation of the cancellation. November 14, 2013, CIMA was contacted by telephone to cease operations due to their automobile liability insurance being cancelled. On November 18, 2013, Mr. Moye stated that the automobile insurance was not cancelled and he had proof of payment. The insurance carrier was contacted and stated that CIMA had automobile liability insurance on November 18, 2013 but there was no record of payment from August 11, 2013 thru November 14, 2013. Mr. Moye was then given a week to provide proof of automobile liability insurance during the time frame in question and was also allowed to continue to work under the contract. To this date, Mr. Moye has been unable to provide proof of insurance from August 11, 2013 thru November 14, 2013. Minutes — December 10, 2013 This lapse of insurance for ninety three (93) days is beyond the fifteen (15) days allowed per the contract. Looking back, on March 23, 2011 CIMA was terminated from a contract with the City for a lapse of insurance of thirty five (35) days. Copies of all letters sent to CIMA are attached. CIMA currently has all required insurances, is working and providing services under this contract and has been notified that staff is recommending termination of the contract in accordance with the terms of the contract. General Fund. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CONTRACT BETWEEN THE CITY OF BEAUMONT AND CIMA UTILITY CONSTRUCTION CO., OF BEAUMONT, TEXAS IS HEREBY SUSPENDED FOR A PERIOD OF THREE (3) MONTHS EFFECTIVE JANUARY 1, 2014, AND IS ALLOWED TO RESUME ITS RESPONSIBILITIES UNDER THE CONTRACT AND SHALL PROVIDE TO THE CITY PROOF OF PREPAID INSURANCE COVERAGE'S THROUGH THE END OF THE TERM OF THE CONTRACT. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, SAMUEL AND SMITH NAYS: MAYOR AMES MOTION PASSED Resolution 13 — 275 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Council recessed into Executive Session at 2:03 p.m. EXECUTIVE SESSION - Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: - Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 Minutes — December 10, 2013 United States Bankruptcy Court for the Eastern District of Texas, Beaumont Division; In Re: LinMarie Garsee; Case No. 13 -10479 City of Beaumont vs. Charles C. Ryan, Jr.; Case No. A- 0194623 Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont Council reconvened into General Business at 2:49 p.m. 2. Consider a resolution authorizing the settlement of the lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d /b /a L.G. Properties, Inc., Cause No. 90304; City of Beaumont vs. Charles C. Ryan, Jr., Case No. A- 0194623. Administration recommends approval of a resolution authorizing the settlement of lawsuits styled The City of Beaumont vs. LinMarie Garsee, Individually, and LinMarie Garsee d /b /a L.G. Properties, Inc.; Cause No. 90304 and City of Beaumont vs. Charles C. Ryan, Jr.; Case No. A- 0194623, which suits seek to recover $55,683.15 for the Small Business Revolving Loan Fund, and the release of demolition /litter liens and weed abatement charges in the total amount of $55,885.59 in exchange for LinMarie Garsee's payment of $30,000.00. The payment by Ms. Garsee of the foregoing amount will satisfy the city claims against her, except for the payment of real property taxes, currently pending in United States Bankruptcy Court for the Eastern District of Texas, Beaumont Division; In Re: LinMarie Garsee; Case No. 13- 10479. This matter was most recently presented and discussed in Executive Session held on October 1, 2013 and will be presented again December 10, 2013. The City Attorney is requesting authority to settle this suit. $14,425.70 of the $30,000.00 will reimburse the Small Business Revolving Loan Fund's principle balance on its note and the remaining $15,574.30 will be credited to the various accounts from which the original payments were made. Mayor Pro Tern Wright moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE, AND HE IS HEREBY AUTHORIZED TO SETTLE THE LAWSUITS STYLED THE CITY OF BEAUMONT VS. LINMARIE GARSEE, INDIVIDUALLY AND LINMARIE GARSEE D /B /A L.G. PROPERTIES, INC.; CAUSE NO. 90304 AND CITY OF BEAUMONT VS. CHARLES C RYAN, JR.; CASE NO. A- 0194623; AND SETTLES LIENS THE CITY CLAIMS AGAINST LINMARIE GARSEE, CHARLES C. RYAN, JR. AND L.G. PROPERTIES INC. FOR THE RECEIPT OF THE SUM OF THIRTY THOUSAND AND XX/100 DOLLARS ($30,000 AND AUTHORIZE THE EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCOMPLISH SUCH SETTLEMENT INCLUDING THE FILING OF SATISFACTION JUDGEMENT, RELEASE OF LIEN AND NON -SUIT, WITH PREJUDICE, OF Minutes — December 10, 2013 PENDING LITIGATION AS NECESSARY TO RELEASE ALL WEED LIENS, DEMOLITION LIENS AND ANY OTHER TYPE OF LIEN THE CITY HAS AGAINST LINMARIE GARSEE, CHARLES C. RYAN, JR. AND /OR L.G. PROPERTIES, INC. EXCEPT ANY LIEN FOR REAL PROPERTY TAXES. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 276 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER PATE - NONE MAYOR PRO TEM WRIGHT - ENCOURAGED EVERYONE TO BE SAFE WHEN YOU'RE OUT SHOPPING, ASKED THAT CITIZENS PLEASE SHOP LOCALLY AND NOT TO DO ALL OF THEIR SHOPPING ONLINE AS TO KEEP THE SALES TAX IN THE CITY COUNCILMEMBER GETZ - NONE COUNCILMEMBER COLEMAN - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) None With there being no further business to come before Council, the meeting adjourned at 2:51 p.m. udio avail le upon,.Fequest in the City Clerk's lw� '��UMp�p� 0 Aw 1 ky A s, I or Tina Broussarr , City Clerk Minutes — December 10, 2013