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MIN NOV 27 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 Tem,Ward III November 27, 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 November 27, 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 - Receive a report from the Greater Beaumont Chamber of Commerce Public Comment: Persons may speak on scheduled agenda items 1-2/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 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 "World Aids Day " - December 1, 2007 - Proclamation read by Councilmember Pate; accepted by Robert Gillord, P.A.L.M. Center Presentation Report given by Jim Rich, Executive Director of the Greater Beaumont Chamber of Commerce Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 20, 2007 Minutes-November 27,2007 Confirmation of committee appointments - None A) Approve the upgrade of nine(9)defibrillators for use in the Fire Department-Resolution 07- 387 B) Authorize the acceptance of eight(8)-ten foot(10')wide exclusive water line easements for fire hydrants to serve Parkdale Mall on Eastex Freeway - Resolution 07- 388 C) Authorize the acceptance of a ten foot (10') wide exclusive water line easement for fire hydrants to serve Macy's at Parkdale Mall on Eastex Freeway - Resolution 07- 389 D) Authorize the acceptance of two(2)ten(10')foot wide exclusive water line easements for fire hydrants across Gulf Star Rental property located at 3385 West Cardinal Drive-Resolution 07- 390 Councilmember Coleman 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 accepting a 2007 Assistance to Firefighters Grant for the purchase of No Smoke exhaust removal systems for fire apparatus. Administration recommended approval of accepting a 2007 Assistance to Firefighters Grant in an amount up to$237,500. The grant requires a 20% match from the city in an amount up to $47,500. The exhaust systems have been favorably reviewed and funded by Federal Emergency Management Agency (FEMA). The purpose of this project is to install an exhaust removal system on each of the diesel apparatus in the Fire Department. This will directly equip each apparatus with an individual, fully automatic, fully self-contained diesel exhaust filtration system. Exhaust systems are capable of capturing 100% of the vehicle exhaust emissions at the point of generation. The atmosphere in the apparatus bay, the living quarters of the stations, and the meeting rooms will be kept free of carbon monoxide and diesel exhaust. Funds are available for this expenditure in the Fire Department's Operating Budget. Page 2 of 5 Minutes-November 27,2007 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT A 2007 ASSISTANCE TO FIREFIGHTERS GRANT IN AN AMOUNT UP TO $237,500 FOR THE PURCHASE OF NO SMOKE EXHAUST REMOVAL SYSTEMS FOR FIRE APPARATUS IN AN AMOUNT UP TO$47,500. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 07- 391 2. Consider approving change orders related to the 911 Operations Center Project. Administration recommended approval of Change Order Nos. 5, 6 and 7 for the 911 Operations Center totaling $60,080 to N&T Construction Company. On April 3, 2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company of Beaumont in the amount of $2,426,320. This award included Change Order No. 1 for a deduction of $7,680 from the original bid amount of $2,434,000 due to a discount offered by the elevator subcontractor. Change Order No.2 was authorized by Council on August 14 in the amount of$24,321 for various interior renovations. Change Order No. 3 was authorized on October 9 in the amount of$15,640.50 for additional fire alarm components. Change Order No. 4 was authorized on October 16 for$13,427 for elevator modifications and for construction of additional office space. Change Order No. 5 includes additional costs for sheet vinyl flooring in excess of the allowance and deductions from the allowance for carpet and vinyl wall covering. Changes in electrical design were requested by the electrical engineer, Galewsky and Johnson. The total cost for Change Order No. 5 is $10,909. Change Order No. 6 provides for the installation of plumbing and electrical fora washer and dryer. Since this operations center will serve as the command center in the event of a disaster, the washer and dryer will be available to staff. The total cost of Change Order No. 6 is $5,015. Change Order No. 7 in the amount of$44,156 includes all labor, material, equipment and supplies for removing conduit and piping from the existing rooftop HVAC and re-routing all piping and conduit. During the renovation of the passenger elevators, it was discovered that the HVAC piping and conduit ran through the elevator shaft. This is a violation of the Texas Elevator Code and must be corrected before the elevators can be certified. It was unknown at the time of the design that the piping and conduit had to be re-routed to meet all elevator codes. The total cost of the Change Order is not to exceed $44,156. The work will be performed on a time and material basis not to exceed the total stated amount. Any savings will be adjusted on future change orders. Page 3 of 5 Minutes-November 27,2007 Change Orders No. 5 and 6 totaling $15,924 will be deducted from the Contingency Allowance which does not affect original base cost of the contract. Change Order No. 7 will be addition to the contract. Change Order No. 7 will increase the contract by $44,156 or 1.8%. The date of substantial completion remains unchanged. Funds for Change Order No. 7 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 NOS. 5, 6 AND 7 IN THE TOTAL AMOUNT OF $60,080. CHANGE ORDER NOS. 5 AND 6 TOTALING$15,924 WILL BE DEDUCTED FROM THE CONTINGENCY ALLOWANCE THEREBY RESULTING IN NO CHANGE TO THE TOTAL CONTRACT AMOUNT. CHANGE ORDER NO 7 IN THE AMOUNT OF $44,156 INCREASES THE CONTRACT AMOUNT TO $2,470,476. 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- 392 WORKSESSION *Review and discuss the permitting process for seismic testing within the city Chris Boone,Community Development Director, discussed the reasoning forthis workshop being conducted,there are two testing companies,Quantum Geophysical of Houston,Texas and Ronel Oil Co. of Tyler and Orange, Texas that have requested that the City depart from its existing policies with regard to blasting distances from structures. Chris also discussed the Seismic Testing Overview, the distance from the nearest structure, and the request by Lake Ronel Oil Co. There were several representatives from Lake Ronel Oil that spoke with Council regarding the testing. COMMENTS *Councilmembers/City Manager comment on various matters *Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ANNOUNCED THAT SOUTH PARK BAPTIST CHURCH NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON THURSDAY AT 6:30 P.M.AT SOUTH PARK BAPTIST CHURCH MAYOR PRO TEM SAMUEL - HOPED EVERYONE HAD A GOOD TURKEY DAY, AND THAT EVERYDAY IS A GOOD DAY Page 4 of 5 Minutes-November 27,2007 COUNCILMEMBER PATE - ENCOURAGED EVERYONE TO COME OUT TO THE CHRISTMAS PARADE ON SATURDAY IN DOWNTOWN, THE HOUSTON ASTROS WILL BE THE GRAND MARSHALS COUNCILMEMBER WRIGHT - THANKED MR. PEACOCK AND HIS CREW FOR THE INFORMATION ON SEISMIC TESTING,ALSO CONGRATULATED ROBERT AND PAULINE CARRY ON THEIR 50TH WEDDING CEREMONY AT MT.GILIAD BAPTIST CHURCH,COMMENTED ON THE CHANNEL 12 BREAKFAST, HOPED EVERYONE ENJOYED THEIR THANKSGIVING WITH FAMILY AND FRIENDS COUNCILMEMBER COLEMAN - ENCOURAGED EVERYONE TO ATTEND THE CHRISTMAS PARADE THIS WEEKEND, DISCUSSED THE 5K RUN, ASKED EVERYONE TO PRAY FOR BARBARA OTTO WHO HAD SURGERY, WISHED HER A SPEEDY RECOVERY COUNCILMEMBER BEAULIEU - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ENCOURAGED EVERYONE TO ATTEND THE CHRISTMAS PARADE ON THIS SATURDAY, HOPED EVERYONE ENJOYED THEIR THANKSGIVING Public Comments (Persons are limited to three minutes) None There being no further business, Council adjourned at 3:04 p.m. A 'o tapes are available upon request in the City Clerk's Office. Be ky Ame ayor • ���' �.� 11 ®e 6 ' Tina Broussard, City Clerk �tA Page 5 of 5 Minutes-November 27,2007