HomeMy WebLinkAboutMIN SEP 21 2004 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith EVELYN M. LORD, MAYOR Nancy Beaulieu
Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern
Bobbie J. Patterson September 21,2004 Audwin Samuel
Lane Nichols, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk
The City Council of the City of Beaumont,Texas,met in a regular session on September 21,2004,
atthe 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- 7/Consent Agenda
Consent Agenda
Mayor Lord called the council meeting to order at 1:30 p.m.
Pastor Louella Avie of the House of Prayer Deliverance Church gave the invocation. Megan Farah
of Westbrook High School Student Council Executive Board led the Pledge of Allegiance. Roll call
was made by Rose Ann Jones, City Clerk.
Present atthe meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith, Beaulieu,
Cokinos, Patterson and Samuel. Also present were Kyle Hayes,City Manager; Lane Nichols,City
Attorney; Rose Ann Jones, City Clerk.
Proclamations, Presentations, Recognitions
1. "A Week of Appreciation and Prayer for EMS, Firefighter and Law Enforcement
Personnel" - September 16 - October 2, 2004: Proclamation read by Mayor Lord;
accepted by Marcia Giglio of Our Lady of the Assumption Catholic Church
2. "Constitution Week"-September 17-23, 2004: Proclamation read by Mayor Lord;
accepted by Betty Owens and Marianne Fiorenza from the Daughters of the American
Revolution
3. "Pray Beaumont Day" - September 26, 2003 - Proclamation read by Mayor Lord;
accepted by Pastor Howard Cameron of Trinity Church,Pastor Reggie Lloyd of Praise
Christian Center, Pastor Donny Flippo of Gospel Center Church, Pastor Anthony
Brawley of Quantum Omega Star Church, Pastor Castille Colbert of the Gospel of
Jesus Christ Church, Pastor Joe Blair of First Church of God and Pastor John Burke
of Father's House
Minutes-September 21,2004
4. Recognize Chief Micky Bertrand, Beaumont Fire Chief and Timothy St. Peter of the
American Red Cross-An update was given on Hurricane Ivan and the evacuation to
Beaumont which included the very successful involvement of the Harvest Club for
providing shelter,the manychurches,local businesses and community volunteers for
their participation in helping to make these displaced people comfortable during this
disaster.
Public Comment: Persons may speak on scheduled agenda items 1- 7/Consent Agenda.
*At this point in the meeting,a public hearing was held on Item 5 on the agenda concerning
application of a grant to the Federal Transit Administration for funding of the new transit
coaches.
There were no public comments made at this time.
CONSENT AGENDA
* Approval of minutes- Minutes of September 14, 2004
* Confirmation of committee appointments -
Ann Heidtke-Poynor would be reappointed to the Library Commission. The current term
would expire August 31,2006. (CouncilmemberAndrew P. Cokinos)-Resolution 04-210
A) Approve a resolution authorizing the settlement of the claims of Sheila Broussard brought in
the lawsuit styled Sheila Broussard vs.The City of Beaumont,The City of Beaumont Police
Department,and John Daniel Cross(Cause No.A-0171048, In the Jefferson County District
Court, 58th Judicial District) - Resolution 04-211
B) Approve a contract for the purchase of asphalts, oils, and emulsions for use in the Public
Works Department - Resolution 04-212
Council member Cokinos moved to approve the Consent Agenda. Council member Beaulieu
seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a resolution authorizing the City Manager to execute a labor
agreement with the Beaumont Police Officers Association for the period October 1,
2004 to September 30, 2007 - Resolution 04-213
Page 2 of 9 Minutes-September 21,2004
The existing laboragreement with the Beaumont Police Officers Association expires
September 30,2004. A tentative agreement has been reached providing fora three-
year agreement effective October 1, 2004. The labor agreement provides for a 5%
wage increase effective October 1, 2004, a 4%wage increase effective October 1,
2005 and October 1, 2006, and a 1%wage increase in April 2007. Lieutenants (11
positions)and Captains(3 positions)will receive an 8%increase effective October 1,
2004 instead of the 5% to provide for a greater separation from Sergeant salaries.
Lieutenants with less than five years of service are currently making only$72 more per
month than Supervisory Sergeants.
The City has obtained language changes relating to insurance coverage whereby
police officers will be offered the same medical insurance plan choices as provided
to civilian employees except in-network major medical benefits which will not be less
than 80/20 and out-of-network major medical benefits which will not be less than 70/30.
The tentative agreement includes language recognizing the Administration's intention
to eliminate 16 vacant sworn positions during the term of the agreement. The Code
of Ordinances allows for 264 positions in the Police Department. The City has carried
unfilled positions across budget years for more than seven years due to financial
constraints. If the City amends the number of authorized positions in the Code of
Ordinances to 248 over the next three years,it will better reflect the actual size of sworn
officers serving the Police Department.
The membership of the Police Officers Association have also approved the tentative
agreement.
The fiscal impact was included in the FY2005 Budget.
Councilmember Cokinos moved to APPROVE RESOLUTION 04-213 AUTHORIZING THE
CITY MANAGER TO EXECUTE A THREE-YEAR LABOR CONTRACT WITH THE BEAUMONT
POLICE OFFICERS ASSOCIATION FOR THE PERIOD FROM OCTOBER 1, 2004, THROUGH
SEPTEMBER 30,2007. Councilmember Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
2. Consider approving a contract forthe Sanitary Sewer Rehabilitation of Small Diameter
Mains Contract-X - Resolution 04-214
Administration recommended approval of a contractwith Horseshoe Construction, Inc.,
Pasadena,Texas,in the amount of$2,306,334 to rehabilitate 58,144 linearfeet of 6,
8, 10 and 12-inch sanitary sewer lines, replace and install 155 manholes and 714
existing service connections in the Maddox, Hollywood Avenue, Dixie Street and
Cartwright areas.
Page 3 of 9 Minutes-September 21,2004
The existing sewer lines built in the 1950's have deteriorated and require major
rehabilitation. The primary goals of the project are to restore the integrity of the
sanitary sewer lines, restore the carrying capacity and provide customers with
uninterrupted and adequate service.
Funds for the project are available in the Water Utilities Capital Improvements Fund.
Council member Smith moved to APPROVE RESOLUTION 04-214 TO AUTHORIZE THE CITY
MANAGER TO EXECUTE ACONTRACT WITH HORSESHOE CONSTRUCTION,INC.,PASADENA,
TEXAS, IN THE AMOUNT OF$2,306,334 TO REHABILITATE 58,144 LINEAR FEET OF 6, 8,
10 AND 12-INCH SANITARY SEWER LINES, REPLACE AND INSTALL 155 MANHOLES AND
714 EXISTING SERVICE CONNECTIONS IN THE MADDOX, HOLLYWOOD AVENUE, DIXIE
STREET AND CARTWRIGHT AREAS FOR THE SANITARY SEWER REHABILITATION OF SMALL
DIAMETER MAINS CONTRACT-X. Councilmember Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
3. Consider approving a contractforthe Sanitary SewerSystem Improvements 54-inch
Interceptor Rehabilitation Phase I - Resolution 04-215
Administration recommended approval of a contract with Brystar Contracting, Inc.,
Beaumont,Texas,in the amount of$922,753 to rehabilitate 2,806 linearfeet of 54-inch
sanitary sewer interceptor, directional drill a new syphon, remove and replace two
manholes,replace three service connections,and clean and televise the interceptor
before and afterthe construction. The project is adjacent to the railroad right-of-way
between Eleventh Street and Blanchette Street.
The MBE goal will be met through subcontracts with the certified MBE firms of Texas
Mechanical Speciality, Inc., Municipal Marketing, and Ramco Trucking for a total of
$100,000. The amount represents 10.8 percent of the total bid.
The existing sewer lines installed in the early 1950's have deteriorated and require
major rehabilitation. The primary goals of the project are to restore the integrity of the
sanitary sewer lines,eliminate inflow and infiltration,restore the carrying capacity,and
provide customers with uninterrupted and adequate service.
Funds are available in the Capital Improvements Fund.
Councilmember Cokinos moved to APPROVE RESOLUTION 04-215 TO AUTHORIZE THE
CITY MANAGER TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING,INC.,BEAUMONT,
TEXAS, IN THE AMOUNT OF$922,753 TO REHABILITATE 2,806 LINEAR FEET OF 54-INCH
SANITARY SEWER INTERCEPTOR, DIRECTIONAL DRILL A NEW SYPHON, REMOVE AND
Page 4 of 9 Minutes-September 21,2004
REPLACE TWO-MANHOLES, REPLACE THREE SERVICE CONNECTIONS, AND CLEAN AND
TELEVISE THE INTERCEPTOR BEFORE AND AFTER CONSTRUCTION FOR THE SANITARY
SEWER SYSTEM IMPROVEMENTS 54-INCH INTERCEPTOR REHABILITATION PHASE I.
Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
4. Considera requestforthe refinancing of a historic preservation loan-Resolution 04-
216
Administration recommends approval of a request for refinancing of a historical
preservation loan.
In October,2001,William and Patsy Buehrle received a historical preservation loan in
the amount of$16,000. The loan was to be paid back over 60 months at$266.67 per
month. The money was used to do renovations to their home at 2235 Hazel. Currently,
the Buehrles are delinquent in the amount of$5,266.74. They are asking that the City
consider refinancing their loan to a more manageable monthly payment. Refinancing
the amount owed($12,199.96)over 120 months would require payments of$102.67
per month.
At a Regular Meeting of the Historic Landmark Commission on September 13,2004,
the Commission voted 9:0 to approve the refinancing of the historic preservation loan.
Councilmember Beaulieu moved to APPROVE RESOLUTION 04-216 THAT THE CITY
AUTHORIZES THE REFINANCING OF THE CURRENT BALANCE OF THE LOAN OF WILLIAM AND
PATSY BUEHRLE FOR HISTORICAL PRESERVATION RENOVATIONS TO THEIR HOME AT 2235
HAZEL. THE CURRENT BALANCE OF THE LOAN IS$12,199.96 AND SHALL BE REFINANCED
FOR A PERIOD OFTEN(10)YEARS ATA MONTHLY PAYMENT OF$101.67. Mayor Pro Tem
Ames seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
5. Consider approving a resolution authorizing the City Manager to submit a grant
application and execute a contract with the Federal Transit Administration (FTA)to
receive Capital Assistance funding for the purchase of twenty(20)transit coaches-
Resolution 04-217 [Public Hearing held earlier under Public Comments]
Page 5 of 9 Minutes-September 21,2004
Beaumont Municipal Transit will prepare a grant application for FTA funds totaling
$6,200,000 to purchase twenty(20)alternatively fueled coaches. These coaches will
be used to replace sixteen of the current transit system coaches,which have reached
the end of their useful life. A portion of these funds may also be used to pay for the
installation of a fueling facility and shop modifications,as needed to accommodate a
fleet of compressed natural gas coaches,if otherfunding options become unavailable.
This grant along with$1,550,000 in toll credits available to the City from the State of
Texas will pay for 100% of the purchase cost of the coaches.
Councilmember Cokinos moved to APPROVE RESOLUTION 04-217 TO AUTHORIZE THE
CITY MANAGER TO FILE A GRANT APPLICATION AND EXECUTE A CONTRACT WITH THE
FEDERAL TRANSIT ADMINISTRATION (FTA) TO RECEIVE CAPITAL ASSISTANCE FUNDING
FOR THE PURCHASE OF TWENTY (20) TRANSIT COACHES AT AN ESTIMATED COST OF
$6,200,000. Councilmember Smith seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
6. Consider approving a six(6)month contract for the purchase of asphaltic concrete-
Resolution 04-218
Administration recommended award of a six month contract to APAC-Texas, Inc. for
purchasing asphaltic concrete with an estimated total contract expenditure of
$100,000.
Bids were requested for a six month contract for asphaltic concrete for use by the
Public Works Department, Streets and Drainage Division. Cold laid asphaltic
concrete is used for repairing potholes and small sections of street,while hot asphaltic
concrete is used for repairs to larger street sections. It is estimated that approximately
3,000 tons of asphaltic concrete will be used during the term of the contract.
Councilmember Smith moved to APPROVE RESOLUTION 04-218 TO ACCEPT THE BID
SUBMITTED BYAPAC-TEXAS,INC. FOR ASIX(6)MONTH CONTRACT IN THE UNIT AMOUNTS
SUBMITTED FOR AN ESTIMATED TOTAL CONTRACT EXPENDITURE OF $100,000 TO
PURCHASE ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT,STREETS AND
DRAINAGE DIVISION. Councilmember Beaulieu seconded the motion.
AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH,
BEAULIEU, COKINOS, PATTERSON AND SAMUEL
NAYS: NONE
MOTION PASSED
Page 6 of 9 Minutes-September 21,2004
7. Public Hearing:Receive comments relating to the application for FY2005 State Public
Transportation Funds for the Beaumont Municipal Transit
Open: 2:18 p.m. Close: 2:20 p.m.
No public comments were made at this time.
City Council annually authorizes the City Managerto execute a contractwith the Texas
Department of Transportation (TxDOT) for the City to receive state public
transportation funds. These funds total$396,895 for FY2005. In fiscal years 2003 and
2004, the City received $313,023 respectively.
State funding totaling $396,895 will fund part of the estimated local share cost of
$1,231,589 to operate the Beaumont Municipal Transit System for FY2005.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - EXTENDED CONGRATULATIONS TO THE CITY MANAGER,
POLICE DEPARTMENT AND ALL THOSE WHO WORKED ON
THE CONTRACT NEGOTIATIONS
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER COKINOS- CONGRATULATED THE COMMUNITY FOR THE FINE FIESTA AT
THE MENDOZA PLAZA ON SUNDAY
MAYOR PRO TEM AMES- THANKED EVERYBODYWHO HELPED WITH DONATIONS,TIME,
MONEY, FOOD AND OTHER NECESSARY SUPPLIES AT THE
HARVEST CLUB AND THIS IS JUST ANOTHER REASON TO BE
PROUD OF OUR CITY
COUNCILMEMBER SAMUEL- REQUESTED THAT ASUB-COMMITTEE BE CONSIDERED FOR
MINORITY AFFAIRS
COUNCILMEMBER PATTERSON - COMMUNITY ANNOUNCEMENTS
CITY MANAGER HAYES - NONE
CITY ATTORNEY NICHOLS - NONE
MAYOR LORD - A SPECIAL THANK YOU TO ALL THE ORGANIZATIONS AND
INDIVIDUALS AS WELL AS TO THE CITY STAFF AND HERMAN
DAVIS WHO HELPED AT THE HARVEST CLUB WITH THE
FAMILIES AFFECTED BY HURRICANE IVAN
Page 7 of 9 Minutes-September 21,2004
Public Comments (Persons are limited to three minutes)
James Blackwell 258 Briggs Beaumont TX
Pastor, South Park Baptist Church; extended a thank you to Mayor Lord for bringing words
of comfort to the Lane family and friends and to the Council members who attended the
funeral;pleased to hear proclamation in support of the EMS,firefighterand law enforcement
personnel; extended appreciation to Channel 6 and their staff for their help in providing
additional connections for the crowd in the overflow area for the service
Kerry J. Avie 1280 Saxe Street Beaumont TX
Prayer for the City
LeRoy Lewis III 7866 Gladys Beaumont TX
Ideas to City Council: feels that eating establishments are unsanitary and more should be
done to correct the situation; better streets, more sidewalks, wheelchair ramps and better
drainage needs to completed in the City;an EEOC office should be based in the City;thanked
Tom Warner and City Council for the recent improvements on the Ward IV streets
Dean Tucker 2570 Laurel Avenue Beaumont TX
Offered condolences forthe family and friends of Officer Lane;GOP Convention gave him a
new appreciation forthe President;encouraged liberty to begin at home;freedom is greatest
tool to fight terrorism
Vernon Durden 2110 Westbury Road Beaumont TX
Was glad to see the City come to the relief of those in need because of the storm; the
community is behind the family of the Lane's and regret the loss;glad that Police Department
has a contract;would like to see the Police Department racial make-up be more in line with
the community racial make-up
Benny Mendoza 5655 S. Kennith Street Beaumont TX
Extended a thank you to everybody who attended the community fiesta and helped make it
a success
Open session of meeting recessed at 2:38 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Penni Simonson, et al v. City of Beaumont
Douglas Manning, et al v. City of Beaumont
Page 8 of 9 Minutes-September 21,2004
Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
City Manager
City Attorney
City Clerk
There being no action taken in Executive Session, Council adjourned.
Audio tapes are available upon request in the City Clerk's Office.
Evelyn M. Lo ayor
Rose Ann Jones, TRM
City Clerk
X
Page 9 of 9 Minutes-September 21,2004