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Home My WebLink AboutMIN DEC 16 2008 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 11 Audwin Samuel, Mayor Pro Tem,Ward III December 16, 2008 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 16, 2008, 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. Reverend J.D. Roberts, Associate Minister of Antioch Missionary Baptist Church, gave the invocation. Evan Cooper, Student Body President for Clifton J. Ozen Magnet High School and the son of City Attorney Tyrone Cooper 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 and Pate(arrived at 1:36 p.m.). Absent Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent due to run-off election. Proclamations, Presentations, Recognitions "Clifton J. Ozen Blue Wave Marching Band" - December 16, 2008 - Proclamation read by Mayor Ames; accepted by Mr. Tommy L. Gladney, Jr., Band Director, and Brittany Doucette Drum Majorette Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. Mark Vogal P.O. Box 431 Kingsport TN Spoke regarding Item: #3 on the agenda, gave some background on Eastman Chemical Company, thanked everyone involved on getting this agreement ready Council approval Minutes-December 16,2008 Dora Nisby 4520 Corley Beaumont TX Asked that council approve Item#1 on the Consent Agenda authorizing the renaming of the Literacy"Depot Branch of the Beaumont Public Library System to the"Maurine Gray Literacy Depot" CONSENT AGENDA Approval of minutes - December 9, 2008 Confirmation of committee appointments - None A) Amend a license agreement with Crockett Street Development, Ltd. (d.b.a. Crockett Street District) - Resolution 08 - 336 B) Approve a resolution accepting maintenance of the street and sanitary sewer improvements on Stone Oak Drive - Resolution 08 - 337 C) Approve a moratorium on the issuance of permits for mobile food establishments within the city limits of Beaumont for a period of ninety (90) days - Resolution 08 - 338 D) Assign and amend a Ground Lease Agreement at the Beaumont Municipal Airport - Resolution 08 - 339 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the renaming of the Literacy Depot Branch of the Beaumont Public Library System "The Maurine Gray Literacy Depot". Administration recommended approval of a resolution authorizing the renaming of the Literacy Depot Branch of the Beaumont Public Library System "The Maurine Gray Literacy Depot." The Library Commission has requested that the Literacy Depot Branch of the Beaumont Public Library System be named The Marine Gray Literacy Depot. Maurine Gray, former Director of the Beaumont Public Library System,was instrumental in the establishment of the Literacy Depot and renaming it in her remembrance would be a fitting memorial in appreciation for her devotion to the City of Beaumont. Page 2 of 8 Minutes-December 16,2008 Councilmember Beaulieu moved to APPROVE A RESOLUTION THAT THE LITERACY DEPOT BRANCH IS HEREBY RENAMED THE MAURINE GRAY LITERACY DEPOT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 340 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. 2. Consider approving a contract for application and grant management services related to the Hazard Mitigation Grant Program. Administration recommended approval of entering into a contract with Jeffrey S. Ward and Associates for application and grant management services related to the Hazard Mitigation Grant Program to secure funding forthe buyout of homes flooded as a result of Hurricane Ike. As a result of Hurricane Ike, 25 homes located within the floodplain received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. The City would contract with Jeffrey S.Ward&Associates of Purceville,Virginia to expedite this buy-out process. The principals of Jeffrey S. Ward &Associates have over 20 years of combined experience in mitigation programs and have successfully assisted the City with mitigation projects, including the Calder drainage project. Fees for this contract include a$5,000 application fee,an$800 fee for each home acquisition and an$800 fee for each occupant relocation. A conservative figure of buying out 25 homes would result in fees of$45,000. Because the grant would cover 75% of the consultant fees for acquisition and relocation,the City's cost would be$15,000 if all 25 homes were acquired. Funds are available for this expenditure in the FY2009 Budget. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH JEFFREY S.WARD AND ASSOCIATES FOR APPLICATION AND GRANT MANAGEMENT SERVICES RELATED TO THE HAZARD MITIGATION GRANT PROGRAM TO SECURE FUNDING FOR THE BUYOUT OF HOMES FLOODED AS A RESULT OF HURRICANE IKE. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS BEAULIEU, WRIGHT AND PATE Page 3 of 8 Minutes-December 16,2008 NAYS: COUNCILMEMBER COLEMAN MOTION PASSED Resolution 08 - 341 3. Consider authorizing the City Manager to execute an Industrial District Contract with Eastman Chemical Company. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Eastman Chemical Company. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located within the extra territorial jurisdiction of the City of Beaumont. The City is entering into an initial industrial contractwith Eastman Chemical Company thatwill be effective January 1,2009. The initial term will be a ten-yeartax abatement.A second term will commence upon the expiration of the initial term and continue thereafter for an additional period of five calendar years. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry were located within the city limits in 2019 through 2021 and 75% of property taxes due to the City in 2022 through 2023. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH EASTMAN CHEMICAL COMPANY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 342 4. Consider authorizing the City Manager to execute an Industrial District Contract with Chemtrade Refining Services, Inc. Administration recommended approval of a resolution authorizing the City Manager to execute an Industrial District Contract with Chemtrade Refining Services, Inc. Industrial District Contracts enable the City to collect payments in lieu of taxes from industries located outside the city limits. The City currently has a contract with Chemtrade Refining Services, Inc., that will expire December 31, 2008. The new contract will be effective January 1, 2009. The in-lieu of tax payment will be based on a ratio of 80% of property taxes due to the City as if the industry Page 4 of 8 Minutes-December 16,2008 were located within the city limits in 2009 through 2011 and 75%of property taxes due to the City in 2012 through 2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1, 2008 or$0.64 per$100 of assessed valuation. Payments will be due to the City by February 1" of each year. The estimated FY 2009 payment for Chemtrade Refining Services, Inc., is $57,000 of the $15,782,000 of industrial payments expected in FY 2009. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT CONTRACT WITH CHEMTRADE REFINING SERVICES, INC. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 343 5. Consider authorizing the award of a six (6) month contract for liquid chlorine for use by the Water Utilities Department. Administration recommended the award of a contract to DXI Industries of Houston,TX in the estimated amount of $57,530. Bids were requested for a six(6)month contract to supply water treatment chemicals for use by the Water Utilities Department. Liquid chlorine is used to disinfect and purify the City's water supply. The contract is to furnish liquid chlorine at the fixed unit price of$523 per ton. The price for the previous six(6)months was$556 per ton. Bids were requested from ten(10)vendors and two (2) responses were received. Funds are available in the Water Utilities Department operating budget. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BIDSUBMITTED BY DXI INDUSTRIES, HOUSTON, TEXAS, FOR THE PURCHASE OF LIQUID CHLORINE FOR AN ESTIMATED TOTAL EXPENDITURE OF $57,530 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Page 5 of 8 Minutes-December 16,2008 Resolution 08 - 344 6. Consider approving the purchase of a dump truck for use by the Streets and Drainage Division. Administration recommended approval of the purchase from Santex Truck Center of Houston, Texas in the amount of$122,250. Pricing for this dump truck is obtained through the Houston- Galveston Area Council (H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of$122,250 includes the H- GAC administrative fee of$1,000. This fourteen (14) cubic yard dump truck will be used by Streets and Drainage to haul construction material such as asphalt, road base material and sand. This truck will be replacing unit 3211, which is a 1989 GMC 14-yard dump truck. This truck will be disposed of according to the City's surplus equipment disposal policy. The basic warranty provided is one(1)year, bumper-to-bumper. Work can be performed by International Trucks of Houston if needed. Funds are budgeted in the Capital Reserve Fund. COuncilmember Coleman made a motion tO APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO APPROVE THE PURCHASE OF A FOURTEEN (14) CUBIC YARD DUMP TRUCK FROM SANTEX TRUCK CENTER OF HOUSTON, TEXAS, IN THE AMOUNT OF $122,250 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (HGAC) COOPERATIVE PURCHASING PROGRAM FOR USE BY THE STREETS AND DRAINAGE DIVISION. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 345 COUNCILMEMBER COMMENTS MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER PATE- COMPLIMENTED CLIFTON J.OZEN BLUE WAVE MARCHING BAND FOR WINNING 2ND PLACING IN THE COMPETITION THEY ATTENDED IN CARSON, CALIFORNIA, THANKED COUNCIL Page 6 of 8 Minutes-December 16,2008 FOR RENAMING THE LITERACY DEPOT BRANCH OF THE BEAUMONT PUBLIC LIBRARY AFTER MAURINE GRAY, COUNCILMEMBER WRIGHT- WISHED EVERYONE A MERRY CHRISTMAS, COMPLIMENTED THE CLIFTON J. OZEN BLUE WAVE MARCHING BAND ON THEIR ACCOMPLISHMENTS, COMMENTED ON THE CIVIC CENTER CHRISTMAS LUNCHEON SHE ATTENDED, EXPRESSED EXCITEMENT REGARDING EASTMAN CHEMICALS COMING TO BEAUMONT COUNCILMEMBER BEAULIEU - THANKED EASTMAN CHEMICALS FOR SELECTING BEAUMONT AS ITS NEW HOME, ALSO COMMENTED ON THE RENAMING OF THE LITERACY DEPOT TO THE MAURINE GRAY LITERACY DEPOT COUNCILMEMBER COLEMAN - CONGRATULATED THE CLIFTON J. OZEN BLUE WAVE MARCHING BAND FOR A JOB WELL DONE, COMMENTED ON LAMAR UNIVERSITY AND THEIR GREAT BASKETBALL VICTORY AGAINST TEXAS TECH, THANKED EASTMAN CHEMICAL FOR SELECTING BEAUMONT TO BE THE NEW HOME FOR THEIR COMPANY COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- THANKED EASTMAN CHEMICAL FOR SELECTING BEAUMONT TO BUILD A NEW FACILITY FOR THEIR COMPANY, THANKED THE LIBRARY COMMISSION FOR BRING THE IDEA TO COUNCIL TO HONOR MAURINE GRAY BY RENAMING THE LITERACY DEPOT IN HER MEMORY, COMMENTED ON THE HELENA LABORATORIES LUNCHEON THAT SHE ATTENDED, ANNOUNCED THAT COUNCIL WOULD MEET ON DECEMBER 23, 2008 AND THAT THEIR WILL NOT BE A MEETING ON DECEMBER 30, 2008 OR JANUARY 6, 2009 Public Comments (Persons are limited to three minutes) Charles S. Henson 710 Goliad Beaumont TX Complaint regarding the Beaumont Police Department and the Amtrak pickup area Page 7 of 8 Minutes-December 16,2008 Open session of meeting recessed at 2:35 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Tina Lewallen vs. the City of Beaumont Linda Thomas vs. the City of Beaumont and John Savoy Entergy Texas, Inc. Rate Increase Request, Docket No. 34800 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ame Mayor �� `,�� A/4 k &VU404 Tina Broussard, City Clerk Page 8 of 8 Minutes-December 16,2008