The URL can be used to link to this page

Home My WebLink AboutMIN SEP 20 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gothrel Wright,At-Large Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwin Samuel,Ward 111 September 20,2011 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 20, 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 1-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Howard Cameron of Trinity Church/Beaumont Area Pastor Council 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. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Bark for Life Day"-September 24, 2011 -Proclamation read by Councilmember Wright; accepted by Gay-Lynne Jones, with the American Cancer Society, Councilmember Alan Coleman and his best friend Tex "Pray Beaumont Day" — September 24, 2011 — Proclamation read by Mayor Ames; accepted by Beaumont Area Pastor Council — Pastor Howard Cameron and others "National Falls Prevention Awareness Week"—September 19-23, 2011 -Proclamation read by Councilmember Getz; accepted by Ericka English with Area Agency of Aging Recognition - 70th Anniversary Celebration of the Beaumont Housing Authority - Board of Commissioners and Executive Director Robert Reyna Mayor Ames read the announcement regarding Executive Session being hold at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda. Minutes—September 20,2011 Lynn Castle 501 Main St. Beaumont TX Spoke in regards to Item #2 on the Agenda; Art Museum of Southeast Texas, asked that Council consider approving their contract for another year of funding Darlene Chodzinski 2240 Calder Beaumont TX Spoke in regards to Item#6 on the Agenda; Beaumont Heritage Society/John Jay French Museum, asked that Council consider approving their contract for another year of funding CONSENT AGENDA Approval of minutes - September 13, 2011 Confirmation of committee appointments — Resolution 11 - 266 Emily Coxe would be'appointed to the Parks and Recreation Advisory Committee. The term would commence September 20, 2011 and expire September 19, 2013. (Councilmember Mike Getz) Christopher Plaunty would be reappointed to the Board of Adjustment (Zoning). The current term would expire March 23, 2013. (Mayor Becky Ames) Pat Avery would be reappointed to the Board of Adjustment (Zoning). The current term would expire January 6, 2013. (Mayor Becky Ames) Christy Amuny would be reappointed to the Board of Adjustment (Zoning). The current term would expire March 23, 2013. (Mayor Becky Ames) Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2013. (Mayor Becky Ames) Deloris Comeaux Guidry would be reappointed to the Community Development Advisory Committee. The current term would expire July 10, 2013. (Councilmember Gethrel Williams- Wright) Connie Berry would be reappointed to the Community Development Advisory Committee. The current term would expire September 12, 2013. (Councilmember Mike Getz) Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 11, 2013. (Councilmember Alan B. Coleman) Wayne E. Duerler-Fire Representative would be reappointed to the Construction Board of Appeals (Building). The current term would expire February 7, 2013. (Mayor Becky Ames) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12, 2012. (Mayor Becky Ames) Steve McGrade would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire July 14, 2013. (Councilmember W. L. Pate, Jr.) Minutes—September 20,2011 A) Approve a six month contract for the purchase of liquid chlorine— Resolution 11 - 267 B) Approve a resolution to write-off uncollectible water accounts — Resolution 11 - 268 C) Authorize the City Manager to sign a memorandum of agreement with the U.S. Army, 842nd Transportation Battalion — Resolution 11 - 269 D) Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement at 2905 Washington Blvd. — Resolution 11 - 270 E) Authorize the City Manager or his designee to execute various liens on behalf of the City of Beaumont— Resolution 11 - 271 F) Authorize the City Manager to assign fund balances for a specific purpose in accordance with GASB 54 —Table Councilmember Samuel made a motion to approve the Consent Agenda excluding Item F. 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 GENERAL BUSINESS 1. Consider approving the purchase of a fire truck. Administration recommended approval of the purchase from Martin Apparatus, Inc., of Houston in the amount of$932,198. Features include the 100 foot aerial platform and 2000 GPM single state pump. The truck will replace Snorkel 7 (Unit 7039), a 1971 model 65-foot aerial truck, and will be housed at Station #1, 747 College. Snorkel 7 will be moved to Station #3, 805 Woodrow, and the aerial truck from Station #3 will be moved to reserve status. Delivery time for the new truck will be approximately six to seven months. Warranty service is available from Siddons-Martin Emergency Group of Port Arthur. Warranties for the various components are as follows: Funds are available for this expenditure from the 2008 Port Security Grant which requires a twenty-five percent (25%) match from City funds. The required match of$233,049.50 is available in the Capital Reserve Fund. Minutes—September 20,2011 COuncilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE(1)PIERCE CUSTOM VELOCITY 100 PLATFORM AERIAL LADDER TRUCK FROM MARTIN APPARATUS, INC., OF HOUSTON, TEXAS, THROUGH THE HOUSTON — GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $932,198 FOR USE BY THE FIRE DEPARTMENT. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 272 2. Consider approving a one year contract with the Art Museum of Southeast Texas. Administration recommended funding the Art Museum of Southeast Texas (AMSET) $185,000 for FY 2012 from Hotel Occupancy Tax and General Funds. The City of Beaumont(City)and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Funds are available in the FY 2012 budget with $85,000 funded through the Hotel Occupancy Tax Fund and $100,000 funded by the General Fund. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUHTORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE ART MUSEUM OF SOUTHEAST TEXAS(AMSET)AND THE CITY OF BEAUMONT IN THE AMOUNT OF$185,000 FOR FY 2012. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 273 3. Consider approving a one year contract with the Southeast Texas Arts Council. Administration recommended funding the Southeast Texas Arts Council $105,000 for FY 2012 from the Hotel Occupancy Tax Fund. Minutes—September 20,2011 The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to utilize 80% of its contract payment for production of the magazine"Off Ramp" highlighting local events and "Tear Off"Attraction Maps for distribution to hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area . The remaining 20% is used for operating expenses. Funds are available in the Hotel Occupancy Tax Fund. COuncilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE SOUTHEAST TEXAS ARTS COUNCIL(SETAC)AND THE CITY OF BEAUMONT IN THE AMOUNT OF$105,000 FOR FY 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 - 274 4. Consider approving a one year contract with the Texas Energy Museum. Administration recommended funding the Texas Energy Museum, $95,000, for FY 2012 from the Hotel Occupancy Tax Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. Funds are available in the Hotel Occupancy Tax Fund. COuncilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE TEXAS ENERGY MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $05,000 FOR FY 2012. 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 — 275 Minutes—September 20,2011 5. Consider approving a one year contract with BUILD, Inc., Beaumont Main Street. Administration recommended funding BUILD, Inc., Beaumont Main Street$75,000 for FY 2012 from the General Fund. The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. Funds are available in the General Fund. Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN BUILD, INC., BEAUMONT MAIN STREET AND THE CITY OF BEAUMONT IN THE AMOUNT OF$75,000 FOR FY 2012. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 — 276 6. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum. Administration recommended funding the Beaumont Heritage Society/John Jay French Museum $47,000 for FY 2012 from the Hotel Occupancy Tax Fund. The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 19"'century and is a tourist attraction for our city. Funds are available in the Hotel Occupancy Tax Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUHTORIZED TO EXECUTE A ONE-YEAR CONTRACT BETWEEN THE BEAUMONT HERITAGE SOCIETY/JOHN JAY FRENCH MUSEUM AND THE CITY OF BEAUMONT IN THE AMOUNT OF $47,000 FOR FY 2012. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes—September 20,2011 MOTION PASSED Resolution 11 - 277 7. Consider approving the purchase of two used cement mixer trucks for use by the Public Works Department. Administration recommended approval of the purchase from Chaparral Concrete Equipment, LP of Grapevine in the amount of$57,800 and from Knife River of Beaumont for$33,333.33. In October of 2010 the Public Works Department assumed responsibility for concrete and asphalt repairs resulting from repairs and improvements made by the Water Utilities Department. On average, 75 repairs have been performed per month. In order to increase their capacity and accomplish these on-going repairs in a more efficient manner, the department needs two(2)cement mixer trucks. One will replace Unit 3289, a 1995 model. The age and mileage of the older unit renders it unfit for continued service. The vehicle will be disposed of according to the City's surplus property disposal policies. Funds are available for this expenditure in the Water Utilities Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY KNIFE RIVER, OF BEAUMONT, TEXAS, FOR THE 2005 MACK GRANITE CEMENT TRUCK IN THE AMOUNT OF$33,333.33 AND THE BID SUBMITTED BY CHAPARRAL CONCRETE EQUIPMENT,L.P.OF GRAPEVINE,TEXAS,FOR THE 2005 INTERNATIONAL PAYSTAR 56001 CEMENT MIXER TRUCK IN THE AMOUNT OF $57,800.00 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 278 8. Consider granting a new solid waste collection and transportation service franchise to Enviro Waste Solutions (EWS). Administration recommended granting a solid waste collection and transportation service franchise to Enviro Waste Solutions (EWS). 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. EWS has requested that the City Council grant the company such franchise agreement. EWS is locally owned and operated with its corporate office located at 2300 Hwy 365 in Nederland. Minutes—September 20,2011 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 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 the first reading of the franchise ordinance. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. COuncilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ENVIRO WASTE SOLUTIONS(EWS). 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 Ordinance 11 - 071 WORKSESSIONS Review and discuss the operations of the Beaumont Municipal Transit System Chris Boone, Community Development Director, discussed the Municipal Transit System, the following items were discussed: Municipal Transit History Social Security Building Total of Buses - Transit Shelters 18 Fixed Route Buses 11 Para Transit Buses (Door to Door Service) 39 Drivers Hours Ridership Passenger Trips Cost for riders Budget Routes Efficiency Study Wait Time Minutes—September 20,2011 Review and discuss various fees associated with water, sewer and solid waste services Laura Clark, Chief Financial Officer, discussed various fees of the water, sewer and solid waste services, the following items were discussed: Background on Service Charges — Delinquent Bills Meter Readers Area Cycle Bills $25.00 Disconnect Fee (not requesting an increase) Deposit adjustment Unauthorized use fee $15.00 proposing an increase of$35.00 Meter Removal fee $30.00 proposing an increase of$50.00 Tampering or theft of water$100 proposing an increase of$300.00 Tampering with water meter assess a $100.00 penalty fee Garbage can is taken when water is disconnected, proposing a fee of $20.00 to return garbage can to the resident COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY,AS WELL AS HIS FATHER-IN-LAW AND WIFE, THANKED PARKS AND RECREATION FOR NEIGHBORS IN THE PARK OVER THE WEEKEND, ANNOUNCED THE TOWN HALL MEETING ON THURSDAY,SEPTEMBER 23,2011,FROM 5:30 P.M.TO 7:30 P.M., AT THE MELTON FAMILY LIFE CENTER, ALSO THIS SATURDAY AND SUNDAY,SEPTEMBER 24-25,2011,OUR MOTHER OF MERCY WILL BE HAVING THEIR ANNUAL CHURCH BAZAAR, ALSO TAKE YOUR LOVED ONE TO THE DOCTOR DAY ON SATURDAY WAS A GREAT SUCCESS COUNCILMEMBER SAMUEL- TO GOD BE THE GLORY FOR ANOTHER DAYS LIVING COUNCILMEMBER PATE- WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY,AS WELL AS MAYOR PRO TEM SMITH'S WIFE AND FATHER-UN- LAW, REMINDED EVERYONE TO COME OUT THURSDAY, SEPTEMBER 22, 2011, FOR THE WARD IV TOWN HALL MEETING, THANKED ROBERT REYNA AND THE BEAUMONT HOUSING AUTHORITY, THANKED COUNCILMEMBER COLEMAN FOR BRINGING TEX TO THE COUNCIL MEETING COUNCILMEMBER WRIGHT- ASKED COUNCIL TO ENTERTAIN THE IDEA OF A BONUS FOR THE CITY EMPLOYEES, WOULD STILL LIKE TO IMPOSE A $1,000 FOR EACH EMPLOYEE, THIS WOULD ALSO BE AN INVESTMENT INTO THE CITY,ALSO STATED THAT MR.FRANK KEIFER, WHO IS 85 YEARS OLD WAS AWARDED BY THE BLOOD BANK ASSOCIATION FOR GIVING 51 GALLONS OF BLOOD OVER THE YEARS AND HAS SAVED OVER 1,300 LIVES Minutes—September 20,2011 COUNCILMEMBER GETZ- THANKED BILL MUNSON FOR HIS HOSPITALITY AND BRINGING HIM UP TO SPEED WITH THE ISSUES WITH THE BEAUMONT MUNICIPAL TRANSIT,ALSO MENTIONED THAT THE BUSES CAN BE WRAPPED WITH ADVERTISEMENT, WE NEED TO ENCOURAGE OUR MERCHANTS TO UTILIZE THIS ADVERTISEMENT COUNCILMEMBER COLEMAN- INVITED EVERYONE OUT ON SATURDAY, SEPTEMBER 24, 2011,AT 10:00 A.M.TO TYRRELL PARK FOR THE BARK FOR LIFE DAY, SPOKE WITH A CITIZEN WHO APPRECIATES THE WORKSESSIONS THAT HAVE BEEN ON THE AGENDA FOR DISCUSSION, ASKED THAT EVERYONE CONTINUE TO PRAY FOR PAM BESSER,PASTOR OF WESLEY UNITED METHODIST CHURCH CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury Beaumont TX Commented on the bus route and the amount of money spent out of the Hotel Tax and General Fund on Art Museum and Arts Council the City should be looking for ways to add service for the population, if there is money that can be spent towards this service then spend the money and make the service available Christopher Jones 1045 Doucette Ave Beaumont TX Asked that everyone please remember the family of Clay Mathis, thanked Council and Administration for working efficiently and effectively to resolve the issues of sewer and drainage throughout the City, also gave thanks to the Traffic Division and Public Works Director, Patrick Donart for correcting and adhering to the needs of keeping the public safe on Madison and Doucette Ave, as they went through the changes with the construction that is going on, asked that the Administration please give the citizens a heads up earlier than the day of construction, also commented on the bus routes and having the evening hours extended to at least 11:00p.m. William Sam 1761 Rena St. Beaumont TX Commented on the Worksession that was held at the last council meeting in regards to Code Enforcement, asked how could the Code Enforcement Department be strengthen and made better to make sure that the workers are protected, make sure that the contractors go out and do the work correctly and properly, also commented on the perception of the streets in Beaumont asked how they could be improved within the older communities and some attention needs to be given to those areas Minutes—September 20,2011 Open session of meeting recessed at 3:26 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont, Texas v. James Mathews; 09-10-00198-CV The City of Beaumont v. J.E.M.; 09-10-00537-CV There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Be ky A , Mayor Tina Broussard, City Clerk Minutes—September 20,2011