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Home My WebLink AboutMIN NOV 12 2002 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson November 12, 2002 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes, City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on November 12, 2002, 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 * Consent Agenda Mayor Evelyn Lord called the meeting to order at 1:34 p.m. Janett Blunt led the invocation. Councilmember Goodson led the pledge of allegiance. Roll call by Susan Henderson, City Clerk. Present were: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, and Patterson. Councilmember Samuel arrived at 2:05 p.m. Also, present were Kyle Hayes, City Manager; Lane Nichols, City Attorney and Susan Henderson, City Clerk. Absent from the meeting was Councilmember Becky Ames. Proclamations, Presentations and Recognitions * None Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. * None CONSENT AGENDA * Approval of minutes - Minutes of November 5, 2002. * Confirmation of committee appointments A) Approve a contract for plumbing services for City facilities - Resolution 02-264 B) Approve a resolution amending authorized representatives for the Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution 02- 265 C) Approve a resolution authorizing representatives for the Local Government Investment Cooperative (LOGIC), a public funds investment pool - Resolution 02-266 D) Approve a resolution authorizing the acquisition of two (2) properties out of the David Brown Survey for the Chariton Pollard Park Site - Resolution 02-267 E) Approve a resolution authorizing the execution of a License to Encroach Agreement with Hung Quoc Nguyen, dba Time Out Grocery, through their agent GEO Environmental Consultants, Inc., on the City's Blanchette Street right-of-way for the installation of groundwater monitoring well - Resolution 02-268 F) Approve an agreement with the Computer Literacy Center- Resolution 02-269 G) Approve an agreement with the Charlton Pollard Neighborhood Association - Resolution 02-270 H) Approve a resolution authorizing the settlement of the claim of Jonathan Stevenson - Resolution 02-271 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, and Patterson Nays: None GENERAL BUSINESS 1. Consider appointing a Chief Magistrate and two City Magistrate to two-year terms. City Council met in Executive Session on November 5, 2002 and recommended the appointment of Guadalupe Flores, Theodore Johns and James D. McNicholas as City Magistrates. James D. McNicholas would be designated as Chief Magistrate, and compensated at$300.00 for the first session and $250.00 for all subsequent sessions per week. City Magistrates Theodore Johns and Guadalupe Flores would be designated as Associate Magistrates, and compensated at $250.00 per session. Councilmember Goodson moved to approve Resolution 02-272 appointing James D. McNicholas as Chief Magistrate to a two-year term. Councilmember Cokinos seconded the motion. MOTION PASSED. Minutes -November 12,2002 Page 2 Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmember Goodson, Cokinos, and Patterson Nays: None Councilmember Goodson then moved to approve Resolution 02-272 appointing Theodore Johns and Guadalupe Flores as the two City Magistrates to two-year terms. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Lord,Mayor Pro Tern Smith,Coucilmember Goodson,Cokinos and Patterson. Nays: None *Administration of the Oath of Office Wendell Radford, who is a former Magistrate for the City of Beaumont, and is now a U.S. Magistrate,administered the Oath of Office forJames D.McNicholas,Theodore Johns and Guadalupe Flores. Each Magistrate thanked City Council for their respective appointments and expressed their objective to serve the City of Beaumont by executing fair justice. City Councilmembers congratulated each Magistrate respectively and thanked them for their outstanding service. RECESS Mayor Evelyn Lord called a brief recess at 1:50 p.m. for a reception honoring Chief Magistrate, James D. McNicolas, Magistrate Theodore Johns and Magistrate Guadalupe Flores. RECONVENE GENERAL BUSINESS Mayor Evelyn Lord reconvened City Council meeting at 2:10 p.m. to continue conducting General Business Items on Council Agenda. 2. Consider granting a new Solid Waste Collection and Transportation Service Franchise Administration recommended granting a Solid Waste Collection and Transportation Service Franchise to IESI TX Corporation (IESI). A copy of the Franchise Agreement was presented to Council for the first of three readings as required by law on October 29, 2002. Administration also recommended approval as a franchise fee of seven percent (7%) of gross receipts is paid into the General Fund from the Solid Waste Collection and Transportation Service Franchise. Mayor Pro Tern Smith moved to approve Ordinance 02-089 authorizing the second reading of the Franchise Agreement allowing a new Solid Waste Collection and Transportation Service Franchise to be granted to IESI TX Corporation. Councilmember Goodson seconded the motion. MOTION PASSED. Minutes -November 12,2002 Page 3 Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmember Goodson, Cokinos, Samuel and Patterson Nays: None 3. Consider approving a bid for a financing agreement related to the purchase of 16 garbage trucks. Administration recommends awarding a fid for a five (5)year financing agreement with a fixed interest rate of 3.47% to Banc One Leasing Corporation for the purchase of sixteen (16) automated refuse and trash trucks. City Council authorized the purchase of this equipment by Resolution No. 02-104, dated May 7, 2002. The trucks were ordered through the Houston-Galveston Area Council purchasing cooperative and are scheduled to be delivered by November 30, 2002. The first annual payment of$411,337.64 will be due one year after execution of the agreement. Councilmember Cokinos moved to approve Resolution 02-273 awarding a bid from Banc One Leasing Corporation for a five (5) year financing agreement with a fixed interest rate of 3.47% for the purchase of sixteen (16) refuse and trash trucks. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos,Samuel and Patterson Nays: None 4. Consider the purchase for mobile and portable radios for use in the Clean Community Development. Administration recommended the purchase of fifty-two(52)mobile radios,ten(10)portable radios and three(3)controllers from Motorola through the Houston-Galveston Area Council (H-GAC) in the amount of$114,642.33. The price includes a H-GAC administrative fee of$1,946.78. The present low band system, purchased in 1980 for the Clean Community Department, has limited range due to the system's low wattage output. This current system has proved to be unreliable and is often unavailable. Telephone circuit lines currently used to transmit signals to communication towers will be terminated thus reducing the cost for leased circuit lines. Councilmember Goodson moved to approve Resolution 02-274 approving the purchase of fifty-two (52) Motorola Model MO MX mobile radios, ten (10) Motorola Model HO QX portable radios and three (3) control stations in the amount of $114, 642.33 through H- GAC. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None Minutes -November 12,2002 Page 4 There was extensive discussion between Council and Kirby Richard, Central Services Director for the City of Beaumont, about the compatibility of our communication system with Jefferson County's system. Kirby Richard confirmed that our system works along with individual cities such as Orange, Nederland, Groves, and Port Arthur. He also offered hopes that a new system, being reviewed for purchase by Jefferson County, would eliminate current problems of compatibility between the City and the County. Discussion also included concerns of various Councilmembers about whether past problems with the City's communication system had been eliminated. Kirby Richard confirmed that all such problems had been addressed and corrected. 5. Consider authorizing a contract with Community Development Properties Beaumont, Inc. Administration recommended that Council authorize a contract with Community Development Properties Beaumont, Inc. in the amount of$40,000.00,which is the second installment of a five year commitment. In May, 2000, City Council committed to providing $40,000.00 per year for a total of five years toward historic renovations at Hotel Beaumont. The contract for the first years allocation was executed November 30, 2000 (FY 2001). This request is for the second year of the commitment. Mayor Pro Tern Smith moved to approve Resolution 02-275 authorizing a contract with Community Development Properties Beaumont, Inc. in the amount of $40,000.00. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson Nays: None 6. Consider a request to amend contracts from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation (BCHDO). Administration recommended amending contracts from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation (BCHDO) to allocate $57,500.00 from the 2001 HOME Program CHDO Reserve for developer's fees for the completion of 23 new homes sold to low/moderate income persons. Developer's fees for these contracts are calculated at $2500.00 per house. Administration also recommends allocating $30,000.00 from the 2002 HOME Program CHDO Operating funds for eligible operating costs. City Council approved contracts for$266,200.00(Res 01-031), $245,000.00(Res 02-266) and $171,500.00 (Res 02-266) from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation (BCHDO). However,a provision for developer's fees was inadvertently excluded from these contracts. Councilmember Samuel moved to approve Resolution 02-276 amending contracts from the 1999, 2000 and 2001 Consolidated Block Grant Programs with the Beaumont Community Housing Development Corporation (BCHDO)to allocate $57,500.00 from the Minutes -November 12,2002 Page 5 2001 HOME Program CHDO Reserve for developer's fees at $2500.00 per home for the completion of 23 new homes sold to low/moderate income persons and to allocate $30,000.00 from the 2002 HOME Program CHDO Operating funds for operating costs. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None 7. Consider a request to adopt a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20% of the CDBG entitlement. Administration recommended adopting a renewed Citizen Participation Plan that would amend a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20% of the CDBG entitlement. Mayor Pro Tern Smith moved to approve Resolution 02-277 adopting a renewed Citizen Participation Plan that will be amended to reflect a requirement for citizen participation and Council consideration when a change in the proposed use of funds is greater than 20% of the CDBG entitlement. Councilmember Patterson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Samuel and Patterson. Nays: None WORK SESSION None COMMENTS Councilmembers comment on various matters Mayor Pro Tern Smith - None Councilmember Goodson acknowledged Councilmember Cokinos on the great Veteran's Day program held at Riverfront Park. Councilmember Cokinos also acknowledged how great the Veteran's Day program was at Riverfront Park. Councilmember Samuel - None Minutes -November 12,2002 Page 6 Councilmember Patterson thanked all citizens of Beaumont that attended the L.L.Melton YMCA Gala. She also offered her appreciation to all citizens who volunteered their time and efforts to make the event successful. City Manager Kyle Hayes - None Mayor Evelyn Lord commented on the great Veteran's Day program. She also acknowledged the breaking of ground for the Family Service Center being built in the Charlton Pollard neighborhood. Mayor Lord also shared the awesome testimony of Lt. Colonel Brian Birdwell, given at an event sponsored by Cathedral School on Saturday, November 9, 2002. Lt. Colonel Birdwell is a survivor of the September 11, 2001 terrorist attack on the Pentagon. Lt. Birdwell gave a talk in which he spoke on his experiences from that dreadful day. He is the only survivor from his office. Public Comments (Persons are limited to three minutes) Paula Lewis 2210 Linson Beaumont, TX Mrs. Lewis addressed Council about a billing notice she received from the City about trash in a ditch around her property. Mayor Lord directed her to contact John LaBrie, Clean Community Director for the City. EXECUTIVE SESSION As required by law, Mayor Lord announced that Council would reconvene for an Executive Session immediately following the adjournment of the regular Council meeting to consider the following: • Consider matters related to comtemplated or pending litigation in accordance with Section 551.071 of the Government Code: Dorothy Jackson v Arthur Leger et al Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 2:25 p.m. NiN, - �Lo\ Mayor Evelyh Lord — J�4 01�- Susan Hend rson, City Clerk Minutes -November 12,2002 Page 7