HomeMy WebLinkAboutMIN DEC 20 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 11
Audwin Samuel,Ward 111 December 20,2011 Jamie Smith, Mayor Pro Tem
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 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/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Big Jim Salles of West End 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 Tem 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
None
Public Comment: Persons may speak on scheduled agenda items 1/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - December 13, 2011
Confirmation of committee appointments - None
A) Approve Change Order No. 5 for work at the Downtown Even Centre Complex —
Resolution 11 — 357
B) Authorize a six month extension to the Texas National Guard Armory Board(Guard)lease
for the property located at 3040 College Street— Resolution 11 - 358
Minutes—December 20,2011
Councilmember Samuel made a motion to approve the Consent Agenda. 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 Heating, Ventilating and Air Conditioning (HVAC)
automation controls for use in several city facilities.
Administration recommended approval.
On June 16, 2009, Council approved the application and acceptance of a grant through the
Energy Efficiency and Conservation Block Grant (EECBG) Program funded by the
American Recovery and Reinvestment Act of 2009. The objective of the EECBG Program
is to implement the most reliable energy technologies for energy efficiency and
conservation throughout the United States.
Beaumont was awarded a grant in the amount of$1,104,200 to be used to install HVAC
automation controls in several City facilities including the Julie Rogers Theatre, Main
Library, Tyrrell Historical Library, Civic Center, Police operating plant, City Hall and to install
new windows in the Julie Rogers Theatre.
Compliance with grant conditions include documentation of energy savings. Due to the
age of the Julie Rogers Theatre, energy reduction from window replacement would not
provide significant and measurable energy savings. Therefore, to maximize energy
savings, it was determined that the installation of HVAC controls in the Police Department's
35,000 sq. ft. facility would meet the terms and conditions stipulated in this grant. By
including this additional facility in the list of City-owned buildings receiving new controls,the
City will now have energy efficient controls in all of its major urban 30,000+ square foot
buildings.
The total cost for the purchase and installation of HVAC automation controls in the Police
Department is$199,800. The contractor,Automated Logic United Environmental Services
of Beaumont, is a Texas Multiple Award Schedule (TXMAS) contracted vendor. The
TXMAS Program, established by State of Texas Procurement and Support Services office,
adapts existing competitively awarded federal government contracts to the procurement
needs of the State and other government entities within Texas. The contracts meet all
state bidding requirements.
Automated Logic will provide all engineering, materials, and labor for a turnkey installation
of controls that will enable the City's existing HVAC equipment to run more efficiently. The
new control system will include an optimized start feature that calculates the start time for
each piece of HVAC equipment so it does not start any earlier than required for the
Minutes—December 20,2011
building's occupancy load. The computerized control system will be monitored by Building
Services staff.
The$199,800 required for the purchase and installation of the HVAC automation controls
in the Police Department is available from the$1,104,200 EECBG grant which requires no
matching funds.
Mayor Pro Tern Smith moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH AUTOMATED LOGIC UNITED ENVIRONMENTAL
SERVICES, OF BEAUMONT, TEXAS, FOR THE PURCHASE AND INSTALLATION OF HEATING,
VENTILATING AND AIR CONDITIONING(HVAC)AUTOMATION CONTROLS IN THE AMOUNT OF$199,800
THROUGH THE TEXAS MULTIPLE AWARD SCHEDULE(TXMAS)CONTRACT FOR USE N SEVERAL CITY
FACILITIES. 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 — 359
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Laura Clark, Chief Financial Officer, spoke regarding the goods-in-transit so that citizens would
know what the public hearing was about.
PUBLIC HEARING
* Receive comments on continuing taxation of goods-in-transit
Public Hearing Open: 1:41 p.m.
None
Public Hearing Closed: 1:41 p.m.
2. Consider adopting a resolution to tax tangible personal property which in transit would
otherwise be exempt pursuant to the Texas Tax Code 11.253
Administration recommended approval.
On October 2, 2007, by Resolution No. 07-309, the City Council approved the taxation of
tangible personal property in transit in response to Tax Code Section 11.253 which was
effective January 1, 2008, and added an exemption from ad valorem taxation for"goods in
transit". The exemption applied to tangible personal property that was acquired in or
imported into Texas, detained at a location in Texas in which the property owner does not
Minutes—December 20,2011
have a direct or indirect ownership interest, used for assembling, storing, manufacturing,
processing, or fabricating purposes, and transported to another location in Texas or out of
state not later than 175 days after the property was acquired in or imported into Texas.
During the 2011 special session, the legislature acted to significantly limit the applicability
of section 11.253. This exemption now applies only to goods that are stored in a public
warehouse owned by someone other than the owner of the goods. The law no longer
exempts goods that are in a location for assembly, manufacturing, fabrication, or
processing, as was the case under the law passed in 2007. This new law is effective
January 1, 2012.
"Goods-in-transit" does not include oil, natural gas, petroleum products, or any types of
equipment to which special inventory taxes apply such as automobiles, mobile homes,
heavy equipment, etc.
In order for the City to continue taxing the goods that are stored in a public warehouse
owned by someone other than the owner of the goods for 2012,the City must hold a public
hearing and adopt a resolution.
The goods in question are currently being taxed based on the 2007 resolution and any new
exemption would reduce tax revenue to the City.
Councilmember Pate made a motion to APPROVE A RESOLUTION OF THE CITY OF BEAUMONT TO
TAX TANGIBLE PERSONAL PROPERTY GOODS IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT
PURSUANT TO TEXAS TAX CODE, SECTION 11.233. 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 - 360
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN- COMMENTED ON AN EMAIL HE RECEIVED FROM THE CITY OF
BEAUMONT INFORMATION TECHNOLOGY DEPARTMENT,THE
EMAIL STATED THAT CITIZENS CAN NOW USE THEIR SMART
PHONE TO BRING ISSUES TO THE ATTENTION OF THE CITY BY
USING A LINK WITH THE CITY'S HOME PAGE, ALSO STATED
THAT SUNDAY IS DECEMBER 25,2011,THE BIRTH OF JESUS
CHRIST ENCOURAGED EVERYONE TO VISIT THE CHURCH OF
THEIR CHOICE TO CELEBRATE HIS BIRTH
Minutes—December 20,2011
COUNCILMEM13ER GETZ- CONGRATULATED ANTIOCH BAPTIST CHURCH AND PASTOR
ADOLPH ON THE DEDICATION OF THEIR NEW YOUTH FACILITY
AND SCHOOL,RECEIVED A PERSONAL TOUR OF THE FACILITY
BY PASTOR ADOLPH,IT IS A MAGNIFICENT STATE OF THE ART
FACILITY,WHICH WILL HAVE 16 CLASS ROOMS,A CAFETERIA,
GYMNASIUM, AND A LIBRARY, IT HAS THE CAPACITY TO BE
EXPANDED TO ANOTHER 16 CLASSROOMS,THIS FALL IT WILL
HOUSE A SCHOOL FOR GRADES 1 THROUGH 8,THROUGH THE
CREATION OF THIS FACILITY, IT SEEMS THAT PEOPLE FROM
ALL PARTS OF THE COMMUNITY ARE SEEKING AN
ALTERNATIVE TO BEAUMONT INDEPENDENT SCHOOL
DISTRICT, LAST WEEK HE ATTENDED THE BISD BOARD OF
TRUSTEES MEETING, WHEN HE ENTERED THE MEETING HE
NOTICED THAT ALSO IN ATTENDANCE WERE THREE OF HIS
FELLOW COUNCILMEMBERS, AT FIRST THERE WAS A
THOUGHT THAT MAYBE HE HAD NOT RECEIVED A MEMO TO BE
THERE BECAUSE IT SURE LOOKED LIKE A CITY COUNCIL
MEETING,WITH HIS PRESENCE A QUORUM WAS CREATED OF
CITY COUNCILMEMBERS, HE QUICKLY REALIZED THAT THE
REASON FOR THEIR PRESENCE WAS BECAUSE THEY WERE
THERE NOT OFFICIALLY AS CITY COUNCILMEMBERS BUT AS
MEMBERS OF THE NATIONAL BLACK CAUCUS LEAGUE OF
ELECTED OFFICIALS, WHICH IS A RECOGNIZED
CONSTITUENCY GROUP WITHIN THE NATIONAL LEAGUE OF
CITIES WHICH BEAUMONT IS A MEMBER ORGANIZATION,
COUNCILMEMBER SAMUEL IS THE IMMEDIATE PAST
PRESIDENT OF NBCLEO, THIS PAST SUMMER NBCLEO
HAD THEIR NATIONAL CONVENTION RIGHT HERE IN
BEAUMONT, THE REASON FOR HIS FELLOW
COUNCILMEMBERS TO BE AT THE SCHOOL BOARD MEETING
WAS TO RECOGNIZE BISD AND TO PRESENT A
PROCLAMATION TO THEM, AGAIN IN THEIR CAPACITY AS
MEMBERS OF NBCLEO AND NOT AS BEAUMONT CITY
COUNCILMEMBERS, COUNCILMEMBER SAMUEL READ A
LENGTHY PROCLAMATION, PRESENTED A VERY HANDSOME
DOCUMENT TO THE PRESIDENT OF THE SCHOOL BOARD IN
WHICH HE RECOGNIZED BISD FOR BEING IN HIS OPINION AND
PRESUMABLY THE OPINION OF NBCLEO AS ONE OF THE TOP
TEN SCHOOL DISTRICTS IN THE UNITED STATES, FOR
DEMONSTRATING EXCELLENT FISCAL RESPONSIBILITY AND A
HOST OF OTHER ACCOLADES MUCH TOO LENGTHY TO
MENTION,WE LIVE IN THE UNITED STATES OF AMERICA AND
STATED HE WILL DEFEND WITH ALL HIS MIGHT THE RIGHT FOR
COUNCILMEMBER SAMUEL TO GET UP IN A PUBLIC FORUM
AND MAKE THOSE SORT OF COMMENTS NO MATTER HOW
MISGUIDED AND ERRONEOUS THE FACTS SHOW HIM TO BE,IT
IS A FACT THAT BISD HAS A LOT OF HARD WORKING
TEACHERS, IT IS A FACT THAT THE BISD HAS AN
ACCEPTABLE RATE WHICH IS ONE STEP FROM BEING RATED
AT THE VERY BOTTOM WHICH IS UNACCEPTABLE,IT IS A FACT
Minutes—December 20,2011
THAT BISD HAD THEIR ACCOUNTING PRACTICES AUDITED
THIS YEAR,AND THAT A SCATHING REPORT WAS ISSUED WITH
REGARDS TO THEIR ACCOUNTING PRACTICES, IT IS A FACT
THAT BISD WAS FOUND TO HAVE VIOLATED BIDDING LAWS,
IT IS A FACT THAT BISD HAD COMMITTED FRAUD ON THE
LOCAL CITIZENS, IN VIEW OF ALL OF THE FACTS THAT HAVE
BEEN RESIDED,COUNCILMBMER GETZ STATED HE FOUND IT
OFFENSIVE THAT ANYONE COULD GET UP WITH A STRAIGHT
FACE AND BE TOLD THAT THIS IS ONE OF THE TOP 10 SCHOOL
DISTRICTS IN THE UNITED STATES,AGAIN THIS IS THE UNITED
STATES OF AMERICA, YOU CAN BELIEVE WHAT YOU WANT,
YOU CAN SAY WHAT YOU WANT,BUT KNOW THIS,WHEN YOU
MAKE STATEMENTS WHICH IGNORE THE REALITY OF THE
FACTS ABOUT BISD, YOU UNDERMINE YOUR CREDIBILITY
AND YOU PERPETUATE A CULTURE OF LIES,ARROGANCE AND
EGO WITHIN OUR SCHOOL DISTRICT
COUNCILMEMBER WRIGHT- WISHED EVERYONE A VERY MERRY CHRISTMAS AND A
HAPPY NEW YEAR, SO THANKFUL FOR OUR CITY AND OUR
SCHOOL DISTRICT,STATED SHE WOULD NOT USE HER FORUM
AS A CITY COUNCILMEMBER TO AFFIRM OR DENY ANY
STATEMENTS THAT MAY BE DIVISIVE IN ANY WAY, STATED
THAT SHE IS PROUD OF THE CITY AS WELL AS BISD, HAS A
GRANDDAUGHTER THAT IS A STUDENT IN THE SCHOOL
DISTRICT,SHE'S NOT AN A-B STUDENT BUT AN A STUDENT,
HAPPY ABOUT THE ACADEMIC STRIDES THAT HAVE BEEN
MADE IN THE BEAUMONT SCHOOL DISTRICT, THANKED
EVERYONE FOR BEING SAFE CITIZENS DURING THE PAST
YEAR, ASKED THAT EVERYONE REMAIN SAFE AND
PROGRESSIVE AS CITIZENS OF BEAUMONT
COUNCILMEMBER PATE- COMMENTED ON THE VISIT BY DAN VAN NATTA, STATED
THAT MR.VAN NATTA COMMENTED ON HOW GREAT THE CITY
LOOKED, WISHED EVERYONE A MERRY CHRISTMAS AND A
HAPPY NEW YEAR
COUNCILMEMBER SAMUEL- WISHED EVERYONE A MERRY CHRISTMAS AND HAPPY
HOLIDAY SEASON,THANKFUL FOR ALL THE CITY EMPLOYEES
IN ALL DEPARTMENTS FOR THE WORK THEY HAVE DONE
THROUGHOUT THE YEAR, TRULY HAPPY FOR THE SPIRIT OF
THE SEASON, IT ALLOWS HIM TO THINK ABOUT JUST HOW
GOOD GOD HAS BEEN,VERY PROUD TO BE A MEMBER OF THE
NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS
(NBCLEO)WHICH IS A PART OF THE NATIONAL LEAGUE OF
CITIES,WE CAN ALL MAKE MISTAKES AND TWIST ACRONYMS
THE WAY WE SEE FIT,STATED HIS MOTHER TOLD HIM A LONG
TIME AGO THAT YOU CAN TELL A TREE BY THE FRUIT THAT IT
BEARS, SOME PEOPLE CHOOSE TO LOOK AT THINGS AS
BEING HALF EMPTY,SOME LOOK AT IT AS BEING HALF FULL,
SOME PEOPLE LOOK TOWARDS THE DARKNESS AND SOME
Minutes—December 20,2011
LOOK TOWARDS THE LIGHT,THIS DAY I'M GOING TO CHOOSE
TO LOOK TOWARDS THE LIGHT AND SAY MERRY CHRISTMAS,
HAS A HISTORY TO SPEAK FROM,HE IS A PART OF A SCHOOL
DISTRICT LEGACY, HIS PARENTS TAUGHT IN BISD AS WELL
AS HIMSELF, HE SAT ON THE BOARD AND IS A PRODUCT OF
BISD, HE IS BEAUMONT PROUD
MAYOR PRO TEM SMITH- WISHED EVERYONE A MERRY CHRISTMAS AND A SAFE
HOLIDAY,ALSO THANKED ALL OF THE CITY EMPLOYEES FOR
ALL OF THEIR HARD WORK, STATED THAT HE IS A PROUD
MEMBER OF NBCLEO, SUPPORTED THE RESOLUTION
100%,HE FELT AS A PARENT WITH A STUDENT IN BISD THAT
THEY ARE DOING A GREAT JOB,HIS MOTHER IS FROM BISD,
HE TAUGHT IN BISD AND HAS FAMILY MEMBERS THAT
WORKED IN BISD,STATED HE WILL NOT USE HIS POSITION AS
A CITY COUNCILMEMBER TO GET ON A THRONE OR A
SOAPBOX TO PROMOTE BISD, BUT AS A PARENT VERY
HAPPY FOR THE JOB THEY ARE DOING, DOES NOT SEE HOW
HIS INTEGRITY WAS AFFECTED BY STANDING WITH
COUNCILMEMBER SAMUEL STATING THAT HE IS HAPPY WITH
A SCHOOL DISTRICT WITHIN HIS CITY, HE IS ALSO PROUD TO
BE A CITIZEN OF BEAUMONT
CITY ATTORNEY COOPER- WISHED EVERYONE A MERRY CHRISTMAS
CITY MANAGER HAYES- WISHED EVERYONE A MERRY CHRISTMAS
MAYOR AMES- WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY
NEW YEAR,ALSO STATED THAT SHE HAD THE OPPORTUNITY
TO EAT LUNCH WITH THE CITY EMPLOYEES AT THE
CHRISTMAS LUNCHEON,WAS EXCITED WITH THE MORALE OF
THE EMPLOYEES IT IS BETTER THAN SHE HAS EVER SEEN,
CONGRATULATED ALL OF THE EMPLOYEES,STATED COUNCIL
DOESN'T ALWAYS DO EVERYTHING PERFECT BUT THEY DO A
LOT OF GOOD WORK,THERE HAS BEEN A LOT TO DEAL WITH
DURING THE SUMMER WITH THE DROUGHT,WAS VERY HAPPY
TO GIVE THE EMPLOYEES THE BONUS THEY RECEIVED,
STATED THAT THERE WILL NOT BE A MEETING UNTIL
JANUARY 10,2012,STATED THAT SHE HOPES THAT MOVING
INTO THE NEW YEAR THAT COUNCIL WILL MAKE BEAUMONT A
GREAT PLACE TO WORK AND PLAY, ASKED COUNCIL TO
PLEASE NOT BE DIVISIVE AND MOVE INTO THE NEW YEAR
TRYING TO WORK CLOSER TOGETHER
Minutes—December 20,2011
Public Comments (Persons are limited to three minutes)
Tangela Stephens 4040 Crow Rd. Apt#84 Beaumont TX
Wished Council a Merry Christmas,also wanted to thank them for the work they have been
doing for Beaumont, very happy to have elected officials that listen to citizen complaints
and get the issues resolved, also wanted to give her favorite Councilmember Gethrel
Wright a Christmas present
Vernon Durden 2110 Westbury Beaumont TX
Stated that he is a proud product of BISD as well as Lamar University,stated that there has
been some ups and downs but there's been more ups, the City has a new Police Chief,
new paved walk ways and lights, new convention center, may have a water park,things are
good this year, it didn't start off that way by itself it took a lot of hard work and cooperation,
commended the Mayor for her final remarks about being together and working together as
a City Council, need to work together as a City, School Board and City Council,
commended the work that the City Manager and council has been doing, stated that
change is inevitable but growth is optional, asked that the bickering stop and try and work
for the better, try to help Councilmember Getz, he needs to see things a little bit different,
stated that Councilmember Samuel gave his chapter a bible verse that says"if my people
who were called by name shall humble themselves and pray and seek my face and turn
from their wicked ways then will he hear their prayer and heal their land"wished everyone
a Merry Christmas
Open session of meeting recessed at 2:02 p.m.
EXECUTIVE SESSION
• Consider matters -related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
Eugene Wilson
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
Becky A , Mayor
Q-
Tina Broussard, City Clerk
Minutes—December 20,2011