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HomeMy WebLinkAboutMIN DEC 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,Ward II Audwin Samuel,Ward III December 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 December 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. Associate Pastor Roosevelt Henry of Triumph 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 (arrived at 1:38 p.m.), Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Councilmember Pate recognized Dan Van Netta Jr., author of the book"Wonder Girl"Life of Babe Didrikson Zaharias Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes — December 6, 2011 * Confirmation of committee appointments - None A) Authorize the Beaumont Convention & Visitors Bureau to apply for grant funds from the Jefferson County Tourism Commission for the cost of an outdoor billboard — Resolution 11 - 348 B) Authorize the City Manager to execute all documents necessary, specifically including a contract, in order to accept grant funding from the National Highway Safety Administration Minutes—December 13,2011 provided through the Texas Department of Transportation for impaired driving enforcement and education — Resolution 11 — 349 D) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall — Resolution 11 -351 Councilmember Samuel made a motion to approve the Consent Agenda omitting item#C. 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 C) Approve a resolution denying the request of Firefighter F. Mark Craigen to approve the accumulation of vacation leave from 2011 to 2012 — Resolution 11 — 350 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: MAYOR PRO TEM SMITH AND COUNCILMEMBER WRIGHT MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract for the purchase of sodium hydroxide for use by the Water Utilities Department. Administration recommended the award of a six (6) month contract to Altivia, Inc., of Houston, in the estimated amount of$285,500. Formal bids were requested from five (5) vendors, for a six (6) month contract to supply Sodium Hydroxide. Six (6) bids were received. Low bid of $285,500 was submitted by Altivia, Inc., of Houston. This represents an approximate twelve percent (12%) increase over the last contract. There are no local vendors who supply this commodity. Altivia, Inc., currently holds this contract. Sodium Hydroxide is used by the Water Utilities Department to purify the City's water supply. The Water Utilities Department expects to purchase approximately five-hundred (500) dry tons of this material during the term of the contract. Funds are available for this expenditure in the Water Utilities Department's operating budget. Minutes—December 13,2011 Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALTIVIA CORPORATION, HOUSTON,TEXAS, FOR A SIX(6)MONTH CONTRACT FOR THE PURCHASE OF SODIUM HYDROXIDE FOR AN ESTIMATED TOTAL EXPENDITURE OF$285,500. 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 - 352 2. Consider approving the renewal of an annual maintenance agreement for SunGard Public Sector software support. Administration recommended payment of an invoice to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire, and EMS public safety software support in the amount of$233,102.20. SunGard Public Sector software is used by the Police, Fire, and EMS Departments. This purchase is exempt from competitive bidding since it is available from only one (1)source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday-Friday, 8-5 support for mobile computers,electronic field reporting,and all records management applications, and provides annual software upgrades. This agreement is for an annual period beginning January 2012. The maintenance contract is budgeted in the General Fund. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO PAY AN INVOICE IN THE AMOUNT OF $233,102.20 TO SUNGARD PUBLIC SECTOR FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR POLICE, FIRE AND EMS PUBLIC SAFETY SOFTWARE SUPPORT BEGINNING JANUARY, 2012. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 353 3. Consider approving Change Order No. 4 for the Calder Avenue Drainage and Improvement-Phase III Project. Minutes—December 13,2011 Administration recommended approval. City Council approved a contract with Brystar Construction Resources, Inc. in the amount of$9,879,522.15 on June 29, 2010. The project includes the installation of storm sewer box culverts,water and sanitary sewer lines, concrete pavement, brick paver sidewalk and traffic signals on Calder Avenue between IH-10 and Phelan Boulevard. Change Order No. 4 reduces the contract by $188,276.85 and includes the following changes: 1. Approximately 400 feet of sewer line at West Lucas and Calder was directional drilled in lieu of open cutting the existing concrete pavement to reduce traffic obstructions on West Lucas. 2. Structural items such as a two foot retaining wall with footer and brick fence post were added to adjacent properties with dramatic grade differences on Calder Avenue. 3. Replacing pavement stripe at Calder Avenue and I1-1-10 and reducing the quantity of trees on Calder Avenue. Change Orders No. 1, 2 and 3 were approved in the amount of$173,475.30 for drainage, water and sanitary sewer adjustments throughout the project which increased the total contract amount to $10,052,997.45. The proposed Change Order No. 4 will reduce the contract to $9,864,720.60. Funds 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 No.4 FOR ADDITIONAL WORK TO THE CALDER AVENUE DRAINAGE AND PAVEMENT IMPROVEMENT PROJECT — PHASE 111, THEREBY DECREASING THE CONTRACT AMOUNT BY $188,276.85 FOR A TOTAL CONTRACT AMOUNT OF $9,867,079.20. 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 - 354 4. Consider approving a contract for installation of an automated code enforcement tracking software system. Administration recommended the award of a contract to CRW Systems, Inc. of Carlsbad, California in the estimated amount of$152,400. The City of Beaumont's Code Enforcement Division currently handles approximately 6,000 violations per year including: Minutes—December 13,2011 • High weeds and grass • Trash and litter • Junk vehicles • Illegal dumping • General nuisances such as broken sewers and standing water. Code Enforcement uses a software system for managing information and functions such as tracking violations and scheduling inspections. The existing system utilized by Code Enforcement is over twenty years old. Support is no longer available and the system cannot be expanded to meet current needs. A Request for Proposal (RFP)was sent to eight(8)potential responders and posted on the City's website. Nine (9) responses were received. After review by the evaluation committee, three vendors were selected for a short-list and invited to present on-site demonstrations. Evaluations were made according to the criteria in the RFP. Funds for this expenditure are budgeted in the Capital Reserve Fund. COuncilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CRW SYSTEMS, INC., OF CARLSBAD,CALIFORNIA,FOR THE INSTALLATION OF AN AUTOMATED TRACKING SOFTWARE SYSTEM FOR USE BY THE CODE ENFORCEMENT DIVISION. 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 - 355 5. Consider authorizing the suspension of the effective date of Entergy Texas, Inc.s proposed rate increase to April 2, 2012. Administration recommended approval of an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to April 2, 2012. On November 28, 2011, Enter Texas, Inc. (Entergy)filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $111.8 million annually. An average residential customer using 1,000 kilowatt hours of electricity per month can expect a $14.37 or 21.6% monthly increase under the Entergy rate increase proposal. Each city retaining exclusive original jurisdiction must make a determination regarding Entergy's rate increase request or suspend the proposed effective date by January 2, 2012. If a timely determination is not made or the effective date Is not suspended, the rate increase proposed by Entergy would go into effect by operation of law. Minutes—December 13,2011 The proposed ordinance authorizes the suspension of the effective date of the proposed increase to April 2, 2012. This would allow for the City to join with other cities in the Entergy service area as a steering committee to combine efforts to review the rate filing package and participate in the rate case filed before the Public Utility Commission of Texas. The ordinance also authorizes the hiring of the Lawton Law Firm, P.C., to represent the interest of the City through the steering committee and requires the steering committee to seek reimbursement from the utility company for any rate case expenses incurred. The reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. Mayor Pro Tern Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE JANUARY 2, 2012, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS," FILED ON NOVEMBER 28,2011; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS,REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. 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 - 094 6. Consider approving amendments to a contract with the Comptroller of Public Accounts related to the State Energy Conservation Office Stimulus Program. Administration recommended approval. On October 13, 2009, the City Council approved Resolution No. 09-318 authorizing the City Manager to submit a grant application for the Traffic Signal Synchronization or Replacement Stimulus Grant Program provided by the American Recovery and Reinvestment Act for the purpose of updating and repairing public infrastructure. On February 1, 2010, Contract No. CS0004 was entered into between the City of Beaumont and the Comptroller of Public Accounts, State Energy Conservation Office for services related to the Transportation Efficiency Program in the total contract amount of $314,090.39 (Grant of$251,590.39, City Match of$62,500.00). On April 26, 2010, Amendment No. 1 was entered into between the City of Beaumont and the Comptroller of Public Accounts increasing.the grant amount by $1,810,388.00 for a total of$2,061,978.39 and increasing the City Match from $62,500 to $494,874.82. Minutes-December 13,2011 As of October 31, 2011, the City of Beaumont has purchased all of the equipment and materials needed to meet the deliverable requirements for the Traffic Signal System Project. The Agreement needs to be amended to utilize the remaining funds to deploy a real-time adaptive traffic control system along the Dowlen Road Corridor from Eastex Freeway to College Street. The real-time adaptive traffic control system has the capability to optimize the signal operations according to existing traffic situations to allow traffic to pass through an intersection or an intersection network with minimum delay.Therefore, it is recommended that$319,908.51 be transferred from the Equipment Budget Category to the Subcontract Budget Category and that the Agreement be extended from December 31, 2011 to April 30, 2012. Funds for the City's match are available in the Capital Program. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AMENDMENT NO. 2 WITH THE COMPTROLLER OF PUBLIC ACCOUNTS, STATE ENERGY CONSERVATION OFFICE WHERE AMENDMENT NO. 2 IS NECESSARY TO MODIFY THE BUDGET BY TRANSFERRING $319,908.51 FROM THE EQUIPMENT BUDGET CATEGORYTO THE SUBCONTRACT BUDGET CATEGORY AND TO EXTEND THE TERM OF THE CONTRACT. 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 — 356 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. PUBLIC HEARING * Receive comments related to amending an ordinance allowing participation in the Texas Enterprise Zone Program,designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project. Public Hearing Open: 2:07 pm None Public Hearing Closed: 2:07 pm 7. Consider adopting an amended ordinance allowing participation in the Texas Enterprise Zone Program, designating a liaison and nominating ExxonMobil Oil Corporation as an Enterprise Zone Project. Administration recommended approval. Minutes-December 13,2011 On November 15, 2011, the City Council approved ordinance Number 11-087 to allow participation in the Texas Enterprise Zone Program and nominate ExxonMobil Oil Corporation as a "Triple Jumbo Enterprise Zone Project." Following the application, it was determined that additional points in the competitive process could be gained if a minor amendment were made to the ordinance. Specifically, Section Three of the ordinance lists a menu of economic development incentives that the City may offer applicants in such projects. By adding two additional possible incentives to the list, the application should gain additional points. These additions include the possibility of working with potential applicants to provide land and vocational training. Chapter 2303 of the Texas Government Code provides for the Texas Enterprise Zone Program as an economic development tool for cities to partner with the State of Texas to promote job creation and capital investment in economically distressed areas. If awarded, companies are eligible for State sales and use tax refunds on qualified expenditures for up to five years, with no cost to the local jurisdiction. The amount of the refund is based upon a formula related to the amount of capital investment and the number of jobs created or retained. In addition, the company agrees to hire a minimum of 35% of their new employees from within economically disadvantaged areas. Confirmation of this requirement will be the responsibility of the company and the Texas Comptroller's office. The Community Development Director of the City will serve as the required liaison between the City, the Enterprise Zone Project and the State for Enterprise Zone Projects. Applications are reviewed on a quarterly basis by the Economic Development Bank of the Governor's Economic Development and Tourism office. This current nomination involves a "triple jumbo" project by ExxonMobil Oil Corporation and is outlined in the attached document. The"triple jumbo"status refers to a project capital investment of$250,000,000 or more and a potential maximum refund amount of $3,750,000 for the creation or retention of at least five hundred (500)jobs. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 11-087, ALLOWING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE (ACT), PROVIDING TAX INCENTIVES, DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES,AND NOMINATING EXXONMOBIL OIL CORPORATION TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM (EDT) THROUGH THE ECONOMIC DEVELOPMENT BANK (BANK) AS A TRIPLE JUMBO ENTERPRISE ZONE PROJECT (PROJECT). 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 — 095 Minutes—December 13,2011 Worksession Review and discuss a proposed project with GGI Energy Inc. The discussion of the proposal was to dispose of waste and garbage, this investment would cure significant emission problems as well as no cost to the City, to offer economic growth, to bring $30 million in new investments, creating 80 new full time jobs with an opportunity to add 100 to 120 in the second phase, there will be a savings of money in the operation of the landfill. 68,000 tons of waste can be processed per year with no charge to the City. The City has the option to purchase fuel at a 25% discount, or receive a $400,000 annual technology deployment fee. The investment of the company will be$30 million, the deployment time line will be 12 to 18 months. In the future the opportunity will be given to grow the facility or develop a facility to treat waste tires. The facility will be constructed at the City's landfill. A 20 to 40 year feed stock supply agreement will hopefully be signed by the City as well as three acres that will be needed with 100% financing. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - THANKED DR. HANI TOHME, FOR HONORING SEVERAL BUSINESSES ON LAST WEEK,THE EXCELLENCE AWARD WENT TO MUNRO'S DRY CLEANING AND UNION PACIFIC RAILROAD, MOST IMPROVED JTB RECYCLING COUNCILMEM13ER GETZ- THANKED DR. HANI TOHME, THERE WAS A CITIZEN THAT LIVED IN THE SOUTH PARK AREA THAT HAD CONCERNS REGARDING A UTILITY EASEMENT AT THE BACK OF HER PROPERTY THAT WAS CAVING IN, IT WAS IMPACTING HER FENCE LINE, DR. THOME ADDRESSED THE SITUATION QUICKLY AND PROMPTLY, RELIEVED HER CONCERNS,ALSO CONGRATULATED THE FOUR OFFICERS THAT WERE PROMOTED WITHIN THE BEAUMONT POLICE DEPARTMENT COUNCILMEMBER WRIGHT- THANKED DR. HANI TOHME AND STAFF AND TO ACKNOWLEDGE THE CORPORATE CITIZENS THAT ARE WORKING WITH THE CITY TO DO WHAT NEEDS TO BE DONE, CONDOLENCES TO THE RAYMOND FONTENOT FAMILY,ALSO WANTED TO EXPLAIN TO COUNCIL AS WELL AS THANKING THEM FOR LISTENING TO HER CONCERNS REGARDING THE FIRE FIGHTER SITUATION,THERE ARE THINGS IN CONTRACTS FROM TIME TO TIME THAT HAVE BEEN OVERLOOKED OR NEED TO BE REVIEWED IN THE INTERIM PERIOD BEFORE CONTRACT NEGOTIATIONS TAKE PLACE, COMPANIES SOMETIME ADDRESS THESE IN THE FORM OF A MEMORANDUM OF UNDERSTANDINGS (MOU), WHEN IT IS DISCOVERED THAT CERTAIN THINGS ARE IN THE CONTRACT THAT NEED TO BE CHANGED OR ADDRESSED INDIVIDUALLY,THE TEXAS LOCAL GOVERNMENT CODE SECTION 143 IS THERE FOR A REASON, YOU DON'T JUST RELY TOTALLY ON CONTRACT NEGOTIATIONS, THAT IS WHY THE GOVERNMENT CODE IS Minutes—December 13,2011 THERE TO GIVE THE GOVERNING BODIES OF PUBLIC WORKERS THE OPPORTUNITY TO REVIEW THINGS ON A CASE BY CASE BASIS, THE COUNCIL SHOULD NOT JUST GLAZE OVER THINGS, STATED SHE WAS NOT REFERRING TO THE PARTICULAR ITEM ON THE AGENDA, BECAUSE IT'S A CONTRACT NEGOTIATED ITEM, THERE ARE TIMES WHEN THINGS NEED TO BE REVIEWED IN THE INTERIM PERIOD FOR THE BEST INTEREST OF THE EMPLOYER OR EMPLOYEE COUNCILMEMBER PATE - STATED THAT THERE ARE 12 DAYS BEFORE CHRISTMAS, DURING THIS SEASON IS A TIME TO BE THANKFUL FOR ALL THE WONDERFUL THINGS THAT WE HAVE, PLEASE BE MINDFUL OF THOSE THINGS AS WE GO THROUGH THE HOLIDAY SEASON, COMMENTED ON THE GGI PROPOSAL, THANKED STAFF FOR ALL THAT THEY DO TO TAKE CARE OF THE CITIZENS MAYOR PRO TEM SMITH - THANKED DR. HANI TOHME AND HIS DEPARTMENT FOR ALL THAT THEY DO TO TAKE CARE OF THE CITIZENS, STATED THAT THE WATER DEPARTMENT STAFF WILL BE OUT IN THE LATE HOURS DIGGING A HOLE MAKING A CITIZEN HAPPY THEY FIXED THEIR WATER COUNCILMEMBER SAMUEL- CONDOLENCES TO THE FAMILY OF RAYMOND FONTENOT, THANKED NICK LAMPSON FOR BRINGING IN GGI, ALSO THANKED DR. HANI TOHME FOR INVITING HIM TO THE HONORING OF THE LOCAL BUSINESSES CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKED CHRIS BOONE,LAURA CLARK,HANI TOHME AND KYLE HAYES FOR ALL OF THEIR HARD WORK WITH NICK LAMPSON AND GGI Public Comments (Persons are limited to three minutes) W. R. Sam, Sr. 1761 Rena Beaumont TX Had concerns regarding the fire fighter sick leave, very upset that the City is still dealing with this issues Open session of meeting recessed at 2:43 p.m. Minutes—December 13,2011 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Mark Ramirez v. City of Beaumont; Cause No. A-189,384 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. ec y Am e' , Mayor ILI Tina Broussard, City Clerk Minutes—December 13,2011