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HomeMy WebLinkAboutMIN JUL 09 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward 11 Audwin Samuel,Ward Ill July 9, 2013 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 July 9, 2013 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 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Samuel 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 Wright, Councilmembers Getz, Pate, and Samuel. Absent: Councilmembers Coleman and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Coleman was out of the City in Washington, D.C., to meet with First Lady Michelle Obama on Wednesday to celebrate "Let's Move!, Cities, Towns and Counties". Councilmember Smith was out of the City for a doctor's appointment. Proclamations, Presentations, Recognitions "Know Your County Courthouse Day" - July 10, 2013 - Proclamation read by Councilmember Samuel; accepted by Rev. J.D. Roberts,with Save Our Children in Motion, Inc. Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. Valory Barnett 5750 Roadrunner Beaumont TX Spoke regarding Item #1 on the Agenda; stated that she is the owner of PCLC, wasn't aware of a lot of the issues with her contract and would like to continue her contract with the City Minutes—July 8,2013 Micheal Alfred 1877 Washington Blvd Beaumont TX Spoke regarding Item #1 on the Agenda; he's the owner of Garden of Gethsemane Nursery and Landscaping, stated that he has done business with the City and has done this particular job before, will do a great job for the City, asked that they award the contract to his company as he is the next lowest bidder CONSENT AGENDA Approval of minutes - June 25, 2013 Confirmation of committee appointments - None A) Approve a resolution approving an annual contract for waste collection at various city facilities — Resolution 13 - 140 B) Approve a resolution approving two annual contracts for the purchase of uniforms for use by the Fire Department— Resolution 13 — 141 C) Approve a resolution authorizing the City Manager to enter into an Agreement with Lamar University for Programming Services — Resolution 13 - 142 D) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in West Chase Village, Section Eleven Subdivision—Resolution 13- 143 E) Approve a resolution authorizing the City Manager to apply for and receive funding through the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter- local agreement with the City of Port Arthur and Jefferson County in order to reallocate Justice Assistance Grant funds — Resolution 13 - 144 Councilmember Getz made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution terminating the current contract for grounds maintenance at City Parks and Triangles with PCLC Landscape Management and awarding the contract to Garden of Gethsemane Nursery and Landscaping of Beaumont. Minutes—July 8,2013 The purpose of the contract for grounds maintenance of City Parks and Triangles is to maintain these City properties in an attractive, safe and usable condition for the enjoyment of citizens and visitors. All scheduled work at the park locations is required to be performed during daylight hours on Monday through Friday. Council Resolution 12-211 awarded the contract to PCLC Landscape Management of Houston on September 18, 2012. Parks and Purchasing personnel worked closely with PCLC during the first three work cycles of the contract to clarify requirements and point out areas of performance requiring improvement. Liquidated damages were assessed when deficiencies were not rectified during the third work cycle. Although PCLC performed acceptably during the longer work cycles of the non growing season (December 1 to February 28)deficiencies again occurred when the growing season resumed. Some parks and triangles were not being maintained at all during the work cycle and other locations were not maintained according to specifications. If a park or triangle has not received any service per specifications, the vendor receives no payment for that location. If a specific park or triangle is not completed to specifications, liquidated damages can be assessed for that location. According to contract, if the vendor is assessed two (2) liquidated damages or non- payment for lack of performance within a twelve (12) month time frame the City may terminate the contract with the vendor. The City has assessed liquidated damages or notice of non payment on five (5) different occasions during the term of the current contract. During the work cycle of June 24 through June 28, the last full cycle prior to Independence Day, PCLC was found to have failed to perform any work at twelve (12) parks and to be deficient on three (3) more. On two (2) occasions, PCLC did not complete the specified work cycle in a timely manner and asked for permission to work at specific parks on a Saturday or Sunday. Due to safety concerns of lawn equipment being operated around large numbers of citizens and visitors utilizing the park, City personnel denied this request. PCLC ignored the decision and performed work at some locations on Saturday or Sunday without permission. Garden of Gethsemane Nursery and Landscaping is the next lowest, responsible bidder. This bidder has successfully provided services for this contract in the past. Bidder is willing to provide services at the pricing that was submitted on their original bid. The cost of an annual contract will be approximately $217,002 General Fund. Approval of resolution. COuncilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GARDEN OF GETHSEMANE NURSERY & LANDSCAPING, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND SAMUEL NAYS: NONE Minutes—July 9,2013 MOTION PASSED Resolution 13 - 145 2. Consider a resolution approving a change order to the contract with McInnis Construction, Inc. for renovations at the Beaumont Transit Bus Maintenance Facility. A contract in the amount of$302,260 was awarded to McInnis Construction, on April 16, 2013. Change Order No. 1 includes additional wok to provide ADA compliant upgrades to the facility including enlarged doors and accessible door hardware, accessible cabinetry in the break room and plumbing fixtures in restrooms, accessible sidewalk connections, and new stripping and parking lot signage. A Contingency Allowance of$20,000 will be utilized for a portion of the total cost of Change Order No.1. The balance of the cost of additional work is $28,600, which will increase the total contract amount to $330,860. Included in Change Order No. 1 is the request for an additional twenty(20)days in order to complete the additional work, thereby extending the contract term to August 23, 2013. The American Recovery and Reinvestment Act grant is funding this project. Approval of Resolution Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY$28,600 FOR A TOTAL CONTRACT AMOUNT OF$330,860 FOR RENOVATION TO THE BEAUMONT TRANSIT BUS SERVICE BAYS. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 146 3. Consider a resolution approving a change order to the contract with the Texas Department of Transportation for the Concord Road Project. Texas Department of Transportation (TxDot)is managing the Concord Road Project. TxDot awarded their contract to Tradeco Infrastructura, Inc. in the amount of$11,284,746.71. A change order in the amount of $76,879.72 has been requested for modifications to the water, sanitary sewer, storm sewer, and conduit lines for the project. An Engineering and Minutes—July 9,2013 Contingencies charge of$12,085.49 has been assessed by TxDot for the project based on the change order amount. The total amount of the change order is $88,965.21. Capital Program. Approval of resolution. Mayor Pro Tern Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ACKNOWLEDGMENT OF CHANGE ORDER NO.1 FOR ADDITIONAL WORK, THEREBY INCREASING THE COTNRACT AMOUNT BY $76,879.72 FOR THE CONCORD ROAD PROJECT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE, AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 147 4. Consider a resolution authorizing the City Manager to enter into a lease agreement with Dr. Donna Farrell, Ph.D., LSSP LLC for the property located at 3455 Sarah Street. Approximately three years ago, the Melton YMCA closed and was reopened as the L.L. Melton Family Life Center. Serving as a community recreation center for the area, the Life Center continues to operate, with assistance from the City. The management of the Melton Life Center was recently approached by Dr. Donna Farrell, Ph.D., LSSP about utilizing the facility, while maintaining recreational activities for the community. Dr. Farrell intends to make significant investments by making improvements to the property, including code updates, expansion of the building and new sport fields. In order to make these investments financially viable, a twenty(20)year lease of the property would be required. In exchange for the use of the building and grounds for this term, Dr. Farrell will provide these services described herein, provide continued recreational opportunities to the community and pay the City $1,000 per month, the amount adjusted annually, based on the inflation activity, as defined by the Houston-Galveston-Brazoria Area Consumer Price Index (CPI). The lease could be terminated at any time, if agreed upon by both parties or for violation of any terms of the lease by either party. In addition,while the north half of this ten (10) acre property is owned by the City,the south half is owned by Jefferson County. It was indicated that the Jefferson County Commissioner's Court will consider approving a lease to the City for this south half of the property. Following approval by the County, the City can then enter into a similar lease with Dr. Farrell for the South half. Approval of resolution. Minutes—July 9,2013 COUncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A TWENTY (20) YEAR LEASE AGREEMENT, EXPIRING ON DECEMBER 31, 2033, WITH DR. DONNA FARRELL, PH.D., LSSP, LLC (LESSEE) FOR AN INITIAL RENTAL AMOUNT OF $1,000 PER MONTH FOR PROPERTY LOCATED AT 3455 SARAH STREET, BEAUMONT, TEXAS, FOR PRIVATE EDUCATION SERVICES, RECREATIONAL, SOCIAL AND CIVIC ACTIVITIES AT THE L.L. MELTON FAMILY LIFE CENTER. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 13 - 148 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ABSENT COUNCILMEMBER GETZ- SPOKE REGARDING THE 4' OF JULY FESTIVITIES AT RIVERFRONT PARK, MENTIONED THE FIRST ' EVER DOWLEN/WEST NEIGHBORHOOD ASSOCIATION SOCIAL GATHERING, THANKED MAYOR PRO TEM WRIGHT FOR ATTENDING,CALDER PLACE NEIGHBORHOOD ASSOCIATION ALSO HAD A PARADE THAT MORNING WHERE COUNCILMEMBER PATE WAS THE GRAND MARSHAL, THANKED HIM FOR PARTICIPATING MAYOR PRO TEM WRIGHT- COMMENTED ON ALL THE EVENTS FOR THE 4T" OF JULY FESTIVITIES, MENTIONED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION SOCIAL GATHERING, COMPLEMENTED ALLISON GETZ ON THE WONDERFUL JOB SHE DID PLANNING THE EVENT, ALSO MENTIONED COUNCILMEMBER COLEMAN BEING IN WASHINGTON D.C.TO MEET WITH FIRST LADY MICHELLE OBAMA IN REGARDS TO THE "LET'S MOVEI CITIES, TOWNS AND COUNTIES" ON BEHALF OF THE CITY, AS WELL AS A POLICE DEPARTMENT REVIEW BOOKLET THAT WAS PREPARED BY THE POLICE DEPARTMENT COUNCILMEMBER PATE- COMMENTED ON THE 4T"OF JULY FESTIVITIES,AS WELL AS DOWLEN/WEST AND CALDER PLACE NEIGHBORHOOD ASSOCIATION FESTIVITIES, COMPLIMENTED CHIEF SINGLETARY AND HIS OFFICERS WHO ATTENDED THE OAKS DISTRICT NEIGHBORHOOD ASSOCIATION MEETING, THEY OUTLINED A PROGRAM THAT THEY CAME UP WITH TO HELP CITIZENS TO BE BETTER PROTECT THEIR PROPERTY IF A ROBBERY OCCURRED IN THEIR HOME Minutes—July 9,2013 ' COUNCILMEMBER SAMUEL- STATED THAT THIS IS THE FIRST YEAR THAT HE HAS MISSED THE 4T" OF JULY FESTIVITIES, COMMENTED ON A CONVERSATION HE HAD WITH A REPORTER WHO ASKED HIM WHAT THE COUNCIL WILL BE DOING ABOUT VIOLENCE IN THE CITY, HIS IMMEDIATE RESPONSE WAS NOT WHAT COUNCIL WILL DO BUT WHAT EVERYONE WILL DO,THIS 1S NOT A DUTY OF ONE INDIVIDUAL,THIS IS SOMETHING THAT EVERYONE HAS TO DO TO MAKE THIS CITY BETTER FOR ALL CITIZENS AND TO WORK IN UNITY COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- NONE Public Comments (Persons are limited to three minutes) Kathryn Anderson 627 E. Pipkin St. Beaumont TX Spoke on the property that she lives in, it has termites, the back of the property has holes, complained to the landlord about the property with no help, asked that the City come out and inspect the property With there being no Executive Session, Council adjourned at 2:08 p.m. dio availabl upo request in the City Clerk's Office. ecky or � ks 6� M I&V A y I a MBroussard, City Clerk 11 s� Minutes—July 9,2013