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HomeMy WebLinkAboutMIN MAR 20 2012 M I N U T E S - CITY OF BEAU`MONT 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 March 20,2012 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 March 20, 2012, 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 1-11/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Tim Roosevelt of the Calvary of Beaumont Church gave the invocation. Councilmember Wright 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 "March for Meals Month" - March, 2012 - Proclamation read by Mayor Pro Tern Smith: accepted by Elaine Shellenberger, Executive Director of Nutrition and Services for Seniors "YMBL South Texas Fair Days in Beaumont" - March 22, 2012 thru April 1, 2012 - Proclamation read by Mayor Ames; accepted by Chuck Kalkbrenner, Chairman of 2012 South Texas State Fair, and Mark McAdams, 2012 YMBL President Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-11/Consent Agenda. None CONSENT AGENDA Approval of minutes— February 28, 2012 Minutes—March 20,2012 Confirmation of committee appointments - Resolution 12-046 Jesus Perales would be appointed to the Community Development Advisory Committee. The term would commence March 20, 2012 and expire March 19, 2014. (Councilmember Audwin M. Samuel) Ronald Jackson would be appointed to the Parks and Recreation Advisory Committee. The term would commence March 20, 2012 and expire March 19, 2014. (Councilmember Audwin M. Samuel) Charles E. Heare would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire February 11, 2014. (Councilmember Alan B. Coleman) Mel Shelander would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire December 17, 2013. (Councilmember Alan B. Coleman) Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current term would expire March 1, 2014. (Councilmember Jamie D. Smith) Jon Reaud would be reappointed as Chairman of the Community Development Advisory Committee. The current term would expire January 18, 2013. (Mayor Becky Ames) A) Adopt the Reinvestment Zone Tax Abatement Policy for the City of Beaumont-Resolution 12 - 047 B) Authorize the City Manager to increase the Cattail Marsh Constructed Wetland Rehabilitation Project— Resolution 12 -048 C) Approve the purchase of mobile computers for use by the Police Department-Resolution 12 - 049 D) Approve the purchase of two vehicles for use by the Police Department's Auto Theft Task Force - Resolution 12 - 050 E) Approve Change Order No. 9 for work at the Downtown Event Centre Complex - Resolution 12 - 051 F) Approve a change order related to the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project - Resolution 12 - 052 G) Authorize the City Manager to execute a Lease Agreement for the use of property at 8155 Phelan as an EMS Station — Resolution 12 - 053 H) Authorize the City Manager to renew the loan agreement with the National Museum of the United States Air Force — Resolution 12 - 054 Mayor Pro Tern Smith made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. Minutes—March 20,2012 AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Wastewater Treatment Plant Holding Pond Project and Dredging of Ponds 1 and 2 Project. Administration recommended approval of a contract with Brystar Contracting, Inc. of Beaumont in the amount of$4,391,500.00. The contract will furnish all labor,materials, and equipment to clean Wastewater Treatment Plant Pond #1 and convert it into a flow equalization basin, construct three (3) junction boxes and a large-diameter manhole, and install all related piping. The contract includes Alternate Bid No. 2 that will furnish all labor, materials, and equipment to clean all ponds. The MBE participation will be with the following: Wholesale Electric of Beaumont, Texas; H.D. Tractor of Lake Charles, Louisiana; and Vision Equipment of Spring,Texas. The total amount of the subcontracts is $826,900.00, which represents 18.83% of the total bid. The Wastewater Treatment Plant is designed to process 46 million gallons per day. During a 2.5" rain event, the Plant receives up to 170 million gallons per day. Pond No. 1 of the Wastewater Treatment Plant was originally designed and constructed as part of the Waste Treatment Plant Improvements Project of 1971. The conversion of this pond into a flow equalization basin will increase the treatment capacity of the plant by increasing the storage capacity of the pond by 70 million gallons. The cleaning of Ponds No. 2 and No. 3 will also increase their storage capacity and improve their functionality. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS IN THE AMOUNT OF $4,391,500 FOR A CONTRACT FOR THE WASTEWATER TREATMENT PLANT HOLDING POND PROJECT AND DREDGING OF PONDS 1 AND 2 PROJECT 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 12 - 055 2. Consider approving the purchase of radio system improvements in order to be compliant with the State of Texas Statewide Communications Interoperability Plan. Minutes—March 20,2012 Administration recommended approval of the purchase from Motorola Solutions Inc. of Schaumburg, IL in the amount of$2,495,059.00. Pricing for the proposal was 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 State of Texas Statewide Communications Interoperability Plan (SCIP), adopted by the Governor's Office on November 26, 2007 and approved by the U.S. Department of Homeland Security on April 4, 2008 requires Texas agencies to be fully "Project 25 compliant (P25) by January 1, 2015. Project 25 implements a digital "suite of standards" for radio systems that ensures any P25 radio can talk to any P25 radio system regardless of manufacturer. Our current system is not capable of P25 compliance and will require upgrades to meet the new standard. We have been working towards compliance for several years and have a plan in place to attain compliance by the January 1, 2015 deadline. On November 1, 2011 Council authorized the City Manager to accept funding for the City of Beaumont in the amount of$2,500,000 through the Department of Homeland Security Supplemental 2011 Port Security Grant Program(PSGP)and to enter into a memorandum of understanding with Jefferson County to facilitate expenditure of the grant funding through the PSGP fiduciary process. Motorola's proposal will upgrade the master radio site to full P25 compliance, will migrate all of the master site radio equipment to the new Communications building when it is completed and allow us to replace a large number of older radios with P25 compliant radios. There is an additional incentive provided by Motorola of$144,127.00 to be used towards the purchase of radios, radio programming or radio accessories if the contract is fully executed by March 29, 2012. No match is required by the City. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A SMART X SYSTEM MIGRATION,WHICH WILL BRING THE CITY OF BEAUMONT'S RADIO SYSTEM INTO PROJECT 25 COMPLIANCE, FROM MOTOROLA SOULTIONS, INC., OF SCHAUMBURG, ILLINOIS, IN THE AMOUNT OF $2,495,059 THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes—March 20,2012 MOTION PASSED Resolution 12 -056 3. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXII. Administration recommended approval of a contract with Horseshoe Construction, Inc. of LaPorte, Texas, in the amount of$738,473.00. The contract will rehabilitate approximately 216 linear feet of 6-inch, 7,500 linear feet of 8- inch, 2,713 linear feet of 12-inch, and 2,183 linear feet of 16-inch sanitary sewer lines, to stabilize approximately 10 (ten) vertical feet of existing manhole, to furnish and install approximately 7(seven) manholes, to remove and replace approximately 26 manholes,to furnish and install 7(seven)end of line cleanouts, to replace approximately 312 short side and 5 (five) long side service line connections, clean and televise 12,612 linear feet of existing and newly burst sanitary sewer lines and televise approximately 317 existing sanitary sewer service lines. The MBE participation will be with Chief Solutions, Inc. for$37,836.00, which represents 5.12 percent of the total bid. The project is divided among two areas. The first area is located along Bessemer Avenue east of Bethlehem Avenue and west of Carnegie Avenue between Tyler Street and Buchanan Street. The second area is located east of El Paso Avenue and west of Buffalo Avenue between Hayes Lane and East Lucas Drive. The project was designed by City Staff and the Engineer's estimate for the project was $775,000. The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the State.Rehabilitation of Small Diameter Mains— Contract XXII. Funds for the project are provided by the Capital Program. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION,INC., OF LAPORTE,TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 —057 Minutes—March 20,2012 4. Consider approving the purchase of air conditioning condensing units for the Civic Center. Administration recommended the purchase of twelve(12)air conditioning condensing units from Trane Company of Houston in the amount of $273,984 through The Cooperative Purchasing Network. The Cooperative Purchasing Network (TCPN) is a national governmental purchasing cooperative locally administered by the Region 4 Education Service Center,a government agency authorized by the Texas Education Code. The purchasing network is available for use by public and private schools, colleges, cities, counties,and other government entities. TCPN complies with all state bidding statutes and participation allows members to purchase items or services from contracted vendors. TCPN has contracted with Trane Company to provide heating, ventilating, and air conditioning (HVAC) products. The twelve (12) existing condensing units to be replaced were manufactured between 1992 and 1997. Replacement parts are becoming increasingly difficult to obtain. The condensing units to be purchased include four(4) 100-ton units, four(4) 10-ton units, three (3) 7.5 -ton and one (1) 20-ton unit. The new high efficiency air cooled condensers will result in less energy consumption, potentially lowering utility costs. Delivery is expected in approximately ten (10) weeks and installation will be provided by the City's contracted HVAC vendor. Units are warranted for five (5) years. Funds are budgeted in Capital Reserve for this project. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVE THE PURCHASE OF TWELVE(12)AIR CONDITIONING CONDENSING UNITS FOR THE CIVIC CENTER FROM TRANE COMPANY,OF HOUSTON,TEXAS,IN THE AMOUNT OF$273,984 TROUGH THE COOPERATIVE PURCHASING NETWORK. 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 12 - 058 5. Consider authorizing the City Manager to execute an Easement Agreement with TransCanada Keystone Pipeline, LP. Administration recommended the execution of the Easement Agreement with TransCanada Keystone Pipeline, LP. TransCanada Keystone Pipeline, LP has requested the City of Beaumont grant a perpetual permanent easement for the purposes of surveying, laying, constructing, inspecting, maintaining, operating, repairing, replacing, altering, reconstructing, removing and abandoning in place one pipeline together with all fittings, cathodic protection equipment, pipeline markers and all other equipment and appurtenances thereto,for the transportation Minutes—March 20,2012 of oil, natural gas, and all by-products thereof that will cross Christian Hillebrandt Survey Abstract No. 28 and Samuel Stivers League,Abstract No. 51 located within the Tyrrell Park Marsh and will be constructed in accordance with City requirements. TransCanada Keystone Pipeline, LP will pay$240,640.00 to the City of Beaumont for the use of the permanent easement, all temporary workspaces and damages to the timber. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EASEMENT AGREEMENT WITH TRANSCANADA KEYSTONE PIPELINE, LP, GRANTING A PERPETUAL PERMANENT EASEMENT THAT WILL CROSS CHRISTIAN HILLEBRANDT SURVEY,ABSTRACT NO. 28,AND SAMUEL STIVERS LEAGUE,ABSTRACT NO. 51, LOCATED WITHIN THE TYRRELL PARK MARSH. 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 12 - 059 6. Consider approving the purchase of a street sweeper for use by the Streets and Drainage Division. Administration recommended approval of the purchase from Kinloch Equipment and Supply of Houston in the amount of$216,297. Pricing for the equipment was obtained through BuyBoard, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement statutes. The street sweeper will be used to clean and maintain City streets and will replace Unit 4290, a 2002 model with over 67,000 miles. Street sweepers are utilized daily on arterial, collector, and residential streets based on a monthly schedule. Periodic sweeping improves the appearance of City streets and is identified as a Best Management Practice for the reduction of pollutant sources as mandated by the Stormwater National Pollutant Discharge Elimination System (NPDES) under the Clean Water Act of 1972. The old unit will be retained as a reserve unit. Standard warranty is one (1) year parts and labor. Warranty service is provided by the vendor. Delivery is expected within twelve (12) weeks. Funds for this purchase are budgeted in the Capital Reserve Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A STREET SWEEPER FOR USE BY THE STREETS AND DRAINAGE DIVISION FROM KINLOCH EQUIPMENT AND SUPPLY OF HOUSTON,TEXAS,IN THE AMOUNT Minutes—March 20,2012 OF$216,297 THROUGH THE BUYSOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 -060 7. Consider approving an ordinance denying the rate increase request of Entergy Texas, Inc. Administration recommended denial of the rate increase request of Entergy Texas, Inc. filed on November 28, 2011. On November 28, 2011, Entergy Texas, Inc. (Entergy) filed a 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. By Ordinance 11-094, the City Council for the City of Beaumont suspended the effective date of the proposed rate increase to April 2, 2012. The suspension was granted to allow for the City to join with the other cities in the Entergy service area to review the rate filing package in order to make an informed decision as to the requested increase. After having reviewed Entergy's filings, as well as the data supporting the request, it is the recommendafion of the attorneys and consultants retained by the Steering Committee of Cities that the requested rate increase be denied and that the current rates charged by Entergy Texas, Inc. be maintained. Should the rate increase request not be denied by the Council, it will become effective on April 2, 2012. This would mean that the average residential customer using 1000 kWh of electricity per month would pay an additional $14.37 per month. The reasonable expenses associated with these rate cases are reimbursable by the company as they have been in the past. Councilmember Wright made a motion to DENY AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") DENYING THE RATE INCREASE REQUEST OF ENTERGY TEXAS, INC, FILED ON NOVEME13ER 28, 2011; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDING AND PROVISIONS RELATED TO THE SUBJECT;AND DECLARING AN EFFECTIVE DATE. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION DENIED ORDINANCE 12-014 Minutes—March 20,2012 8. Consider approving a contract for collection agency services. Administration recommended the award of a contract to Professional Finance Company, Inc., of Greeley, Colorado. The Cash Management Division bills and collects fees for demolition, litter and weed abatements, landfill usage,water utilities, building code permits, damages to City property and emergency medical services (EMS). Customers are billed at the time of service with subsequent statements sent at 30, 60 and 90 day intervals. Upon exhaustion of the City's collection efforts, accounts in excess of 120 days past due are considered delinquent and forwarded to a collection agency. During the fiscal year ended September 30, 2011, the City accrued $3,221,262 in delinquent accounts. Requests for Proposal (RFP) were sent to twenty-one (21) vendors. Five (5) responses were received. Of the five (5) responses, two (2) did not meet specifications. Three (3) responses were evaluated by City staff and the evaluation. Professional Finance Company received the highest ranking because it offers the City the most advantageous combination of services, experience and cost. Because of the specialized nature of EMS collections and municipal services collections, strong experience in these areas is critical to successful collections. Professional Finance Company provided a very detailed explanation of their collection process and listed innovative procedures to maximize collections. Professional Finance Company was founded in 1904 and has provided collection services for local government, businesses and health care providers since that time. They offer a full range of automated services for both EMS and miscellaneous services collections. The monthly commission rate that will be charged is twenty percent(20%). The contract will be for one (1) year with two (2) one year options to renew. Professional Finance Company will charge twenty percent(20%)of funds actually collected by their efforts. The previous contract held by MSB Government Services included a rate of 19.5%. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PROFESSIONAL FINANCE COMPANY, INC., OF GREELEY, COLORADO TO PROVIDE COLLECTION AGENCY SERVICES FOR THE CASH MANAGEMENT DIVISION WHICH BILLS AND COLLECTS FEES FOR DEMOLITION, UTTER AND WEED ABATEMENTS, LANDFILL USAGE, WATER UTILITIES, BUILDING CODE PERMITS, DAMAGES TO CITY PROPERTY AND EMERGENCY MEDICAL SERVICES(EMS). 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 12 - 061 Minutes—Match 20,2012 9. Consider amending the Neighborhood Empowerment Zone Incentive Policy. Administration recommended approval. In an effort to encourage economic development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, Neighborhood Empowerment Zones were created within the city. This Program offers incentives to attract redevelopment to these specified areas. Combined with the focused use of CDBG dollars, these economic incentives are designed to help leverage additional private investment. Specifically, the incentives currently include building fee waivers, expedited permit review, possible lien waivers and the abatement of City taxes for up to three years for the value of eligible projects. Eligible projects include single-, multi-family residential, office, retail and restaurant uses within an approved zone. In an effort to make these incentives more attractive, it is recommended to change the policy to now allow city tax abatement for up to seven (7) years for "substantial investments." These "substantial investments" would be eligible projects valued at $5,000,000 or more. In addition, the current policy excludes businesses that relocate within the city. Under the proposed policy, businesses that relocate within the city would be allowed a City tax abatement for the additional construction value, above their current assessed value at their prior location. Revenues from waived fees and liens and abated ad-valorem taxes would be forgone, but the long-term economic impact associated with new development should positively affect future budgets. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE NEIGHBORHOOD EMPOWERMENT ZONE ABATEMENT POLICY TO ALLOW A CITY TAX ABATEMENT FOR UP TO SEVEN(7) YEARS FOR"SUBSTANTIAL INVESTMENTS"AND TO ALLOW CITY TAX ABATEMENT FOR BUSINESSES RELOCATING WITHIN THE CITY OF BEAUMONT FOR ADDITIONAL CONSTRUCTION VALUE. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 — 062 COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - THANKED THE POLICE AND FIRE DEPARTMENT FOR THEIR QUICK RESPONSE IN REGARDS TO THE INCIDENT THAT OCCURRED AT THE JEFFERSON COUNTY COURT HOUSE, WISHED HIS SON A HAPPY 19TH BIRTHDAY Minutes—March 20,2012 COUNCILMEMBER SAMUEL- COMMENTED ON HIS TRIP TO WASHINGTON, D.C., ON BEHALF OF THE CITY,THE PURPOSE OF HIS TRIP WAS TO TRY AND SECURE$53 MILLION,IN THE FORM OF EXPEDITING THE RESOLUTION OF THE 90 DAY TIME FRAME,SO THAT THE FAA WOULD BE ABLE TO COME UP WITH A PROPOSAL THAT WOULD ALLOW THE CITY TO RECEIVE THE $60 MILLION MINERAL RIGHTS FROM THE AIRPORT, ALSO HE AND COUNCILMEMBER PATE MET WITH SENATORS HUTCHINSON AND CORYN AND REPRESENTATIVE POES TO SECURE FUNDS FOR THE SIDEWALK PROGRAM, HEALTH DEPARTMENT AND RESTORATION OF THE SANITARY SEWER LINES ACROSS THE CITY, COMMENTED ON THE TRAGIC SHOOTING AT THE JEFFERSON COUNTY COURT HOUSE AS WELL AS THE DOUBLE HOMICIDE THAT OCCURRED IN THE CITY COUNCILMEMBER PATE- COMMENTED ON THE TRIP TO WASHINGTON, D.C.AND THE PIECE OF LEGISLATION THAT WERE WRITTEN FOR BEAUMONT ON SECURING THE FUNDS FROM THE MINERAL RIGHTS AT THE MUNICIPAL AIRPORT, THANKED THE YMBL FOR ALL THAT THEY DO IN THE TEXAS STATE FAIR TO THE COMMUNITY EVERY YEAR, THANKED TIM OCNASCHEK FOR THE EMERGENCY MANAGEMENT PROGRAM AT PARKDALE MALL OVER THE WEEKEND, CONGRATULATED THE LAMAR UNIVERSITY MEN'S BASKETBALL TEAM ON MAKING IT TO THE FINALS COUNCILMEMBER WRIGHT- GLAD THAT THE CITY DID NOT LET THE UTILITY RATES GO UP, THERE HAS BEEN SOME QUESTIONS REGARDING TIME WARNER CABLE UTILITY RATES, ASKED THE QUESTION OF THE CITY ATTORNEY, HE STATED THAT THE CITY HAD NO CONTROL OVER TIME WARNER CABLE UTILITY RATES COUNCILMEMBER COLEMAN - THANKED THE POLICE,SHERIFF AND FIRE DEPARTMENT ON THEIR QUICK RESPONSE REGARDING THE INCIDENT AT THE .JEFFERSON COUNTY COURT HOUSE,ALSO STATED THAT HE AND HIS WIFE JUST GOT BACK FROM HAITI, ASKED THAT EVERYONE PRAY FOR THE PEOPLE IN HAITI COUNCILMEMBER GETZ- NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- GAVE CONDOLENCES TO THE FAMILY OF BUD HEBERT WHO PASSED AWAY, THANKED THE POLICE, SHERIFF AND FIRE DEPARTMENT FOR THEIR QUICK RESPONSE TO THE INCIDENT THAT OCCURRED AT THE JEFFERSON COUNTY COURT HOUSE, ALSO COMMENTED ON THE EVENT THAT THE EMERGENCY MANAGEMENT DEPARTMENT HELD AT Minutes—March 20,2012 PARKDALE MALL ON SATURDAY,CONGRATULATED LAMAR UNIVERSITY MEN'S BASKETBALL TEAM ON MAKING IT TO THE FINALS,WISHED JIMMY SIMMONS,WITH LAMAR UNIVERSITY A HAPPY BIRTHDAY Public Comments (Persons are limited to three minutes) None Council recessed into Executive Session at 2:16 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Govemment Code: James Mathews v. City of Beaumont, Texas In the Matter of Arbitration between Beaumont Firefighters Local 399 (James Mathews) and the City of Beaumont, Texas Derrick Newman vs. City of Beaumont, Texas, Frank C. Coffin, Jr., James Kyle Hayes, James Cody Guedry, Charles J. Duchamp III, David Todd Burke, Jason J. Torres, and John David Brown, Case No. 1:10-cv-00795-RC Dana Gollihare and Ray Rattray, Individually and as Next Friend of Cameron Rattray v. City of Beaumont; No. E-186, 787 Juanita Burdge v. City of Beaumont, Texas; No. E-185, 269 Council reconvened out of Executive Session into Regular Session at 2:59 p.m., Councilmember Getz did not return to Regular Session 10. Consider authorizing the settlement of the lawsuit styled Dana Gollihare and Ray Rattray, Individually and as Next Friend of Cameron Rattray v. City of Beaumont; No. E- 1.86,787. Administration recommended approval of a resolution authorizing the settlement of a lawsuit styled Dana Gollihare and Ray Rattray, Individually, and as Next Friend of Cameron Rattray v. City of Beaumont in the amount of$18,006.30 This matter was most recently presented and discussed in Executive Session held on March 20, 2012. The City Attorney is requesting authority to settle this suit. There are sufficient funds in the General Fund to pay the settlement amount. COuncilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO THE SETTLEMENT OF THE LAWSUIT. Mayor Pro Tern Smith seconded the motion. Minutes—March 20,2012 AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 063 11. Consider authorizing the settlement of the lawsuit styled Juanita Burdge v. City of Beaumont, Texas; No. E-185,269. Administration recommended approval of a resolution authorizing the settlement of a lawsuit styled Juanita Burdge v. City of Beaumont. Texas in the amount of$15,000.00. This matter was most recently presented and discussed in Executive Session held on March 20, 2012. The City Attorney is requesting authority to settle this suit. There are sufficient funds in the General Fund to pay the settlement amount. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO THE SETTLEMENT OF THE LAWSUIT. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 064 With there being no other business to discuss Council adjourned at 3:01 p.m. Audio available pon request in the City Clerk's Office. &/1 1),/ . Be y Am a [�- A A a Nb6isard, City Clerk Minutes—March 20,2012