HomeMy WebLinkAboutMIN SEP 13 2011 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large
Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Waal II
Audwin Samuel,Ward III September 13,2011 Jamie Smith, Mayor Pro Tom
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 September 13,
2011, 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 James Blackwell of South Park 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 Tern Smith, Councilmembers Coleman,
Getz, Wright, Pate and Samuel. Absent: City Attorney, Tyrone Cooper. Also present were Kyle
Hayes, City Manager; Quentin Price, 1st Assistant City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
None
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes -
Confirmation of committee appointments — Resolution 11 - 258
Nnutes—September 13,2011
Davion Harris would be appointed to the Library Commission. The term would commence
September 13, 2011 and expire September 12, 2013. (Councilmember Gethrel Williams-Wright)
Damion Diaz-Plumber would be appointed to the Construction Board of Appeals (Building). The
term would commence September 13, 2011 and expire September 12, 2013. (Mayor Becky
Ames)
Kathleen L. Leaf would be reappointed to the Library Commission. The current term would
commence September 13, 2011 and expire February 15, 2013. (Councilmember Mike Getz)
A. Approve Change Order No. 2 for the Cartwright/Corley Drainage Project—Resolution 11 -
259
B. Authorize the City Manager to execute all documents necessary, specifically including an
interagency agreement, to trade vehicles between the City of Beaumont and Jefferson
County— Resolution 11 -260
C. Authorize the City Attorney to bring suit to collect delinquent hotel occupancy taxes due the
City of Beaumont by Candlewood Suites/KJP Hospitality, LLC/Prendiville Revocable Trust
— Resolution 11 - 261
Councilmember Pate made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider authorizing a contract for third party administration of the City's self funded
Dual Option Preferred Provider Organization medical plan and a self funded dental
plan.
Administration recommended that Council award to Blue Cross Blue Shield of Texas
(BCBSTX) a one year contract effective January 1, 2012 for third party administration of
the City's self funded Dual Option Preferred Provider Organization(PPO)medical plan and
a self funded dental plan.
The City offers its full time employees medical and dental benefits.The medical and dental
benefits consist of a self funded Dual Option PPO plan and a self funded dental plan.
There are 1469 participants enrolled in the PPO plan, consisting of 1257 active employees,
207 retirees, and 5 COBRA participants.
Minutes—September 13,2011
In May 2011, City staff began analyzing the City's health care costs. In June 2011, staff
also began working with the City's health benefit consultant, Holmes Murphy&Associates
to determine if the City should request bid proposals for the City's PPO, and dental plans
or remain with the current administrator, BCBSTX for 2012. The City has the option to
negotiate new rates with BCBSTX without seeking bids. The current agreement with
BCBSTX started January 1, 2011 and can be renewed for up to five years.
After analyzing and negotiating the BCBS renewal rates, City staff and Holmes Murphy
concluded that BCBSTX, the incumbent carrier, offered the most cost effective plans with
an extensive provider network and deep provider discounts. Initial renewal rates projected
by BCBSTX for the self funded PPO plan increased 12.0% for fixed costs which include
stop loss and administration. Actual claims experience resulted in the high initial renewal
projection. Renewal rates for the self funded dental plan did not increase. Final
negotiations by Holmes Murphy&Associates resulted in the PPO plan renewal increases
being less than 7%. The PPO plan increase was a function of increased utilization due to
aging members, rising trend factors and increasing provider payments.
Holmes Murphy &Associates recommends that the City remain with BCBSTX because it
offers cost effective plans with an extensive network and deep provider discounts.The final
negotiated rates are lower than the projected industry trend of 8.5%.
Funds are available for this expenditure in the Employee Benefits Fund.
Councilmember Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BEANO HE
IS HEREBY AUTHORIZED TO ENTER INTO A ONE-YEAR AGREEMENT WITH BLUE CROSS BLUE SHIELD
OF TEXAS(BCBSTX)FOR THIRD PARTY ADMINISTRATION OF THE CITY'S SELF-FUNDED DUAL OPTION
PREFERRED PROVIDER ORGANIZATION (PPO) MEDICAL PLAN AND SELF-FUNDED DENTAL PLAN
EFFECTIVE JANUARY 1, 2012. Mayor Pro Tern Smith seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 - 262
2. Consider approving medical insurance premiums for retirees.
Administration recommended approval of medical contribution rates for retirees including
their dependents, effective January 1, 2012.
Retirees and their dependents are allowed to elect continuation of medical coverage as
provided by state statue. The retiree/dependent may continue coverage until the
retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently,
there are 207 retirees on the City's medical plans.
Minutes—September 13,2011
The retiree contribution rate for Police and Fire retirees is based on a provision in the
Police and Fire contract agreements which states, "Any employee who retired on or after
February 1, 1992 may be subject to an annual increase in contribution. The increase will
be affected in accordance with the labor agreement. The single rate will be established at
69%; single rate + 1 at 58%; and the family rate at 54% of the COBRA rate on January 1 st
annually." This same formula is utilized when calculating the contribution rate for civilian
retirees.
The City requested Holmes Murphy&Associates, our benefits consultant, to analyze the
City's health costs and to determine the 2012 medical COBRA rates. Holmes Murphy
recommends no change in rates for 2012.
Appropriation of funds is available in the Employee Benefits Fund.
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO IMPLEMENT THE FOLLOWING MEDICAL CONTRIBUTION RATES
FOR RETIREES INCLUDING THEIR DEPENDENTS EFFECTIVE JANUARY 1, 2012. Councilmember
Getz seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 — 263
3. Consider approving a three-year contract with Cigna for Basic Life and Accidental
Death and Dismemberment, Supplemental Life and Accidental Death and
Dismemberment and Dependent Life Insurance.
Administration recommended that Council award to Cigna a three-year contract effective
January 1, 2012 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 1264 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 $1000 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 cost effective than an individual policy for the
employee. Supplemental life, which includes AD&D and dependent life, is offered to all
employees with approximately 947 currently participating.
Minutes—September 13,2011
In July 2011, 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. The City received two proposals including the incumbent's
quote for basic life and AD&D, supplemental life and AD&D, and dependent life insurance.
The proposers were incumbent carrier, Cigna and Minnesota Life.
Upon receipt and review of the proposals, Minnesota Life was eliminated from
consideration because their proposed rates were higher for basic and supplemental life
coverage. Cigna's renewal rates for both basic life/AD&D, supplemental life/AD&D and
dependent life remained the same as the current rates.
Funds are available for this expenditure in the Employee Benefits Fund.
Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO ENTER INTO A THREE-YEAR CONTRACT WITH CIGNA FOR BASIC
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D), SUPPLEMENTAL LIFE AND
ACCIDENTAL DEATH AND DISMEMBERMENT AND DEPENDENT LIFE INSURANCE EFFECTIVE JANUARY
1, 2012. Counciimember Get seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 - 264
4. Consider approving an amendment to the promissory note from Crockett Street
Development, Ltd.
Administration recommended Council approve an amendment to the promissory note from
Crockett Street Development, Ltd, to restructure the terms of the note,specifically reducing
the interest rate to 3.25% and consistent monthly payments of $24,332.99, beginning
October 1, 2011, until the payoff on February 1, 2018.
Crockett Street Development, Ltd., entered into a promissory note with the City of
Beaumont on November 23, 1999. The note had an original interest rate of 5%and stated
that"the rate of interest payable hereunder shall be subject to adjustment from time to time
and may be increased as provided in the Loan Agreement to an amount equal to the rate
of interest charged to Payee pursuant to the Contract for Loan Guarantee Assistance
under Section 108, dated February 5, 1999." Subsequently the interest rate was increased
to 7.76582% pursuant to Amendment No. 1, dated February 1, 2002.
Crockett Street Development, Ltd., has requested a reduction in the current interest rate to
3.25%, down from 7.76582%. The City's HUD Section 108 Loan was refinanced in July of
2010, resulting in a lower interest rate. The loan has a serial structure with a separate
interest rate for each installment we make. We pay interest twice a year and principle once
a year. The rates range from .56% at August 1, 2011 to 3.12% upon payoff August 1,
Minutes—September 13,2011
2018. Administration recommends granting the request.
The note is currently structured the same way as the City's Section 108 Loan which
includes principal payments that increase every twelve (12) payments and interest
calculated accordingly, resulting in the monthly payment varying each month.
Administration recommends the note be restructured to be equal monthly payments,
maturing the same date as the original loan: monthly payments of$24,332.99 and payoff
on February 1, 2018. This will allow Crockett Street Development, Ltd., to better plan for
their payments.
The original Promissory Note, Amendment No. 1, proposed Amendment No. 2, and the
proposed amortization schedule is attached for review.
The payments from the promissory note are applied to the City's semiannual payments on
the Section 108 Loan. Reducing the interest rate will result in $288,664 less in interest to
be received over the remainder of the loan, but does not adversely affect the City due to
the reduction in the amount of interest owed on the Section 108 Loan as a result of the
refinancing.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF
THE CITY OF BEAUMONT APPROVES AN AMENDMENT NO.2 TO THE CITY'S LOAN AGREEMENT WITH
CROCKETT STREET DEVELOPMENT, LTD. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 - 265
5. Consider granting a new solid waste collection and transportation service franchise to
Liquid Vacserv, LLC.
Administration recommended granting a solid waste collection and transportation service
franchise to Liquid Vacserv, LLC.
According to City Ordinance 22.05.101, no person shall engage in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first
having obtained a franchise from the City. Five (5) entities currently have nonexclusive
franchise agreements with the City and are doing business in this area. Liquid Vacserv,
LLC has requested that the City Council grant the company such franchise agreement.
Liquid Vacsery is locally owned and operated with its corporate office located at 2715
Laurel Street in Beaumont.
The requested franchise is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of
seven percent (7%) of gross revenues received for service. It also requires the entity to
Minutes—September 13,2011
indemnify the City of Beaumont and provide insurance which names the City of Beaumont
as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading. The
ordinance does not take effect until sixty (60) days after its adoption on the third and final
reading.After passage,the ordinance must be published for four(4)consecutive weeks in
a newspaper of general circulation in the city. All publication costs are paid by franchisee.
Attached, is a copy of the franchise agreement for your review.
This is third and final reading of the franchise ordinance.
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO
LIQUID VACSERV, L.L.C. Councilmember Pate seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMSERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 11 - 066
6. Consider adopting an ordinance establishing the 7% contribution rate for Civilian
employees who are members of the Texas Municipal Retirement System.
Administration recommended approval.
The City of Beaumont participates in the Texas Municipal Retirement System (TMRS),
which is a pension system for municipal employees in the state of Texas. Participation in
TMRS is mandatory and automatic for all regular full-time Police officers and Civilian
employees.The City's existing retirement plan calls for Civilian employees to contribute 5%
of their gross salary to TMRS and for Police officers to contribute 7% of their gross salary.
The plan requires a 2 to 1 matching contribution from the City.
Effective January 1, 2012,the City will increase the retirement contribution rate for Civilians
to 7%. Increasing this rate will allow Civilian employees and Police officers to have
comparable retirement plans. This change also allows the City to offer a competitive
retirement plan that is offered by most sister cities. The TMRS ordinance requires the
signature of the Mayor and City Clerk.
The change has an estimated cost of$763,067, across all funds,which has been included
in the FY 2012 budget.
Minutes—September 13,2011
Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE AUTHORIZING AND ALLOWING,
UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM. "UPDATED SERVICE
CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING
MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE
EMPLOYMENT OF THE CITY OF BEAUMONT; PROVIDING FOR INCREASED PRIOR AND CURRENT
SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY;TO
INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE
EMPLOYEES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 11 - 070
WORKSESSIONS
* Review and discuss the Code Enforcement Process—Chris Boone
Topics Discussed
The Code Enforcement Division General Nuisance Abatement
Program Goals and Objectives Environmental Court Activity
Staffing Proactive Enforcement
Enforcement Activities Special Projects
Statistics for FY 2010 Program Challenges
Weed Abatement Program Accomplishments
Litter Abatement
Junk Motor Vehicle Abatement
* Review and discuss the Street Rehabilitation Program — Patrick Donart
Topics Discussed
Department Overview Blocking Cracking
Surface Type of Beaumont Roadways Patches and Potholes
Pavement Condition Survey Utility Cuts
Longitudinal Street Cracking Roadway Ranking Criteria
Alligator Cracking Budget for Streets
Rutting Future Plans
Ponds or Dips
Edge Deterioration
Minutes—September 13,2011
* Review and discuss the delivery of Emergency Medical Services—Ingrid Holmes
Topics Discussed
Month of August—call volume 1,463
Month of August - 5 Units on Street 90% of the time
July— hired nine Paramedics, three completed training and have been assigned
Two started training on Monday, September 12, 2011
Four will start training on September 26, 2011, by the end of September,2011 there
will be five units on the street full time with one Fox truck full time
In the process of hiring part time or casual paramedic as well as advanced EMT to
increase the part time pull
November, 2011 — Six trucks will be on the street
Currently working on improving response time which has increased 80%
Continue to look over the goals of improving clinical excellence
* Review and discuss a request from Lighthouse United, Inc. —Chris Boone
(Transformation Beaumont)
Topics Discussed
Mission- Empower and equip youth families and communities as agents of positive
individual institutions and positive change
To create the best Beaumont possible
Rehab and paint 4 homes
Funding Request— 2 events a year
Budget— $1,250 for four wards —Totaling $10,000
Equipment - $5,000
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN- CONGRATULATED THE BEAUMONT POLICE DEPARTMENT ON
A SUCCESSFUL 5K RUN ON LAST WEEK, ANNOUNCED THE
AMERICAN CANCER SOCIETY"BARK FOR LIFE"WALK FOR
YOUR DOG ON SEPTEMBER 24, 2011, YOU MAY CONTACT
JOSH DAVIS, WITH THE AMERICAN CANCER SOCIETY AT
998-0056 FOR A REGISTRATION FORM, ALSO THE GIFT OF
LIFE 5K RUN FOR JULIE RICHARDSON PROCTER WILL BE
OCTOBER 1, 2011,ASKED THAT PAM BESSER,PASTOR OF
WESLEY UNITED METHODIST CHURCH BE LIFTED IN PRAYER
COUNCILMEMBER GETZ- COMMENTED ON THE 9/11 REMEMBRANCE CEREMONY GIVEN
BY THE BEAUMONT COUNCIL OF GARDEN CLUBS AT
TYRRELL PARK
COUNCILMEMBER WRIGHT- COMMENTED ON THE 9111 PROGRAM HELD AT TYRRELL
PARK, THANKED PATRICK DONART, CHRIS BOONE AND
INGRID HOLMES FOR THEIR PRESENTATIONS
Minutes—September 13,2011
COUNCILMEMBER PATE- COMMENTED ON 9111 AND THE SACRIFICES THAT HAVE BEEN
MADE SINCE THAT TIME, ALSO THE LOSS OF JIM NICHOLS
WHO IS THE GRANDFATHER OF CITY MANAGER KYLE HAYES,
THOUGHTS AND PRAYERS ARE WITH THE FAMILY
COUNCILMEMBER SAMUEL- ANOTHER GREAT DAY IN BEAUMONT
MAYOR PRO TEM SMITH - CONDOLENCES TO THE HAYES FAMILY, HAPPY BELATED
BIRTHDAY TO THE MAYOR, ANNOUNCED THAT THIS
SATURDAY, SEPTEMBER 17, 2011, WILL BE TAKE YOUR
LOVED ONE TO THE DOCTOR DAY, FROM 9:OOA.M.TO 1:00
P.M., CONCERT IN THE PARK AT CENTRAL PARK ON
SATURDAY, SEPTEMBER 17, 2011, FROM 2:OOP.M. TO
8:OOP.M.
CITY ATTORNEY COOPER- ABSENT
CITY MANAGER HAYES- NONE
MAYOR AMES - COMMENTED ON 9111 AND HOW THE CITIZENS OF
SOUTHEAST TEXANS ARE VERY PATRIOTIC AND CARE A LOT
ABOUT THE MILITARY AND FIRST RESPONDERS, RECAPPED
THE CEREMONIES THAT OCCURRED DURING THE WEEK AND
WEEKEND FOR 9111
Public Comments (Persons are limited to three minutes)
None
Open session of meeting recessed at 3:36 p.m.
There being no action taken in Executive Session, Council adjourned.
dio available pon request in the City Clerk's Office. _
Becky ArVs, hMybr ac
Tina Broussard, City Clerk
Minutes—September 13,2011