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Home My WebLink AboutMIN DEC 21 2004 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith,Ward I EVELYN M. LORD, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames, Mayor Pro Tern Bobbie J. Patterson,Ward III December 21,2004 Audwin Samuel,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont,Texas, met in a regular session on December 21,2004, at the City Hall Council Chambers,801 Main Street, Beaumont,Texas,at 1:30 p.m.to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1- 5/Consent Agenda Consent Agenda Mayor Lord called the council meeting to order at 1:30 p.m. Father Joyzy Pius Egunjobi, Associate Pastor, Our Mother of Mercy Catholic Church gave the invocation. Councilmember Smith led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present atthe meeting were Mayor Lord,Mayor Pro Tern Ames,Councilmembers Smith,Beaulieu, Cokinos,Patterson and Samuel(arrived at 1:38 p.m.). Also presentwere Kyle Hayes,City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1- 5/Consent Agenda. None CONSENT AGENDA Approval of minutes - December 14, 2004 Confirmation of committee appointments - None A) Approve a declaration of intent to reimburse capital expenditures- Resolution 04-290 B) Approve a resolution authorizing the acceptance of a ten foot(10')wide waterline easement providing access for fire prevention services across Mobiloil Federal Credit Union property Minutes-December 21,2004 on the corner of Major Drive(FM 364)and the Delaware Street Extension-Resolution 04- 291 C) Approve a resolution authorizing the acceptance of a ten (10')wide water line easement providing access for fire prevention services for the new Cowboy Honda Dealership - Resolution 04-292 CouncilmemberCokinos moved to approve the consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting an ordinance denying Entergy Gulf States, I nc's request to increase rates within the City of Beaumont,Texas,honoring Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates and providing a requirement for reimbursement of costs incurred bythe Cityof Beaumont-Ordinance 04-099 Administration recommended the approval of an ordinance denying Entergy Gulf States, Inc.'s request to change rates in the Cityof Beaumont,authorizing Entergy Gulf States, Inc.'s request to withdraw the statement of intent requesting a change of rates within the City and providing a requirement for reimbursement of costs incurred bythe City of Beaumont. On August 25,2004, Entergy Gulf States, Inc. (EGSI)filed with the City of Beaumont and other cities a request for a $68 million annual rate increase in its Texas service area. Simultaneously,Entergy Gulf States, Inc.filed a request for a rate increase with the Public Utility Commission of Texas(PUCT). It has been the position of EGSI that the PUCT and notthe cities'had the exclusive original jurisdiction overthe company's rate filings. In September,2004,the PUCT entered an order dismissing EGSI's rate increase case at the Commission indicating that original jurisdiction is with the municipalities. Whilethe case beforethe PUCT has been dismissed,the requestfor the rate increase remains a case for consideration before the City of Beaumont. In light of the occurrences before the PUC,the City of Beaumont recently received a letter from EGSI formally requesting the withdrawal of its Statement of Intent proposing a rate increase. What this in effect means is that EGSI is requesting that the case before the City of Beaumont be dismissed. It is recommended that the Council honor Entergy Gulf States Inc.'s request to withdraw its Statement of I ntent requesting a rate increase by denying the previously requested Page 2 of 7 Minutes-December 21,2004 increase. It is also recommended that the Council provide for the required reimbursement of all costs incurred by the City of Beaumont in the rate matter. The City of Beaumont is entitled to reimbursement of any expenses associated with participating in or conducting a rate-making proceeding. We expect that the City of Beaumont will be reimbursed for all expenses incurred in this matter. Councilmember Smith moved to ADOPT ORDINANCE 04-099 DENYING ENTERGY GULF STATES, INC.'S REQUEST TO CHANGE RATES IN THIS MUNICIPALITY; AUTHORIZING ENTERGY GULF STATES, INC.'S REQUEST TO WITHDRAW THE STATEMENT OF INTENT REQUESTING ACHANGE OF RATES IN THE MUNICIPALITY; PROVIDING AREQUIREMENT FOR REIMBURSEMENT OF COSTS INCURRED BY THE CITY OF BEAUMONT. Mayor Pro Tern Ames seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 2. Consider authorizing the City Managerto execute an agreement for the purchase of 800 MHz trunked radio equipment - Resolution 04-293 Administration recommended authorizing the City Manager to execute an agreement with Motorola,Inc.forthe purchase of 800 MHztrunked radio equipment in the amount of$702,622 for Fire Department operations. During October 2000, City Council approved the purchase of an 800 MHz Radio Communication System for the Police Department. At that time, funding was not available to include fire services onto the radio communication network. Subsequently,staff has applied for and received a grant thatwill allowforthe purchase of radio equipment for the Fire Department. The Federal Emergency Management Agency(FEMA)administers the Assistance to Firefighters Grant Program. Through this grant program,agencies are able to procure various firefighting apparatus,such as radio communication equipment. Total amount of the purposed purchase is$702,622. The Federal share is seventy percent(70%),or$491,835,of the approved amount. The City's share is$210,787. Purchase of the equipment includes system engineering, training, and installation. Installation is expected to be complete and the Fire Department operational by the end of March 2005. Equipment and software is warranted for one year after system acceptance. Page 3 of 7 Minutes-December 21,2004 FEMA will reimburse the City seventy percent(70%)of the purchase cost up to the approved amount. The City's $210,787 matching share is available in the General Improvements Fund. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-293 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOTOROLA,INC.FOR THE PURCHASE OF 800 MHZ TRUNKED RADIO EQUIPMENT IN THE AMOUNT OF$702,622 FOR THE FIRE DEPARTMENT OPERATIONS. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 3. Consider approving the purchase of one (1) tractor loader backhoe for use in the Public Works Department - Resolution 04-294 Administration recommended the purchase of one(1)2005 New Holland LB75 Tractor Loader Backhoe through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program. The tractor loader backhoe will be used by the Water Distribution Division in the maintenance and repair of water lines. A hydraulic hammer will be attached for accessing water lines located under streets and parking lots. The contracted vendor is Landmark Equipment of Irving,Texas. The cost of the unit, including the H-GAC administrative fee of$750.51 totals $50,784.51. Warranty service will be provided by the local New Holland dealer. The standard warranty is one (1) year. Delivery of the unit will be within 120 days. Unit 5078,a 1993 Case tractor backhoe,will be replaced and disposed of according to the City's surplus equipment disposal policies. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-294 FOR THE PURCHASE OF ONE(1)2005 NEW HOLLAND LB75 TRACTOR LOADER BACKHOE THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF$50,784.51 FOR THE PUBLIC WORKS DEPARTMENT,WATER DISTRIBUTION DIVISION. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL Page 4 of 7 Minutes-December 21,2004 NAYS: NONE MOTION PASSED 4. Consider a three-year contract with Texas American Fastpitch Association(AFA)to host the National tournament in 2005, 2006 and 2007- Resolution 04-295 Administration recommended approval of a three-year contract with Texas American Fastpitch Association(AFA)in the amount of$25,500 annually to host the 18/Under National Tournament in Beaumont during the months of July and August 2005 and 2006 and the 16/U rider tournament in 2007 and utilize the monies paid to Texas AFA by the City of Beaumont to promote the tournament, register participants and pay administrative costs. The AFA National Tournament is a week long event which brings more than 5,000 visitors to Beaumont. Not only is the Convention&Visitors Bureau able to showcase our city, but this tournament fills our hotels for at least 5 nights with early arrivals the weekend priorto the tournament. In past years,this tournament has generated more than 4,000 room nights in the Beaumont area. Area restaurants,car rental businesses, laundromats and retail stores greatly benefit from Beaumont hosting these tournaments. Funds are budgeted for this expenditure in the FY2005 Budget with the use of hotel/tax money. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-295 APPROVING ATHREE-YEAR CONTRACT WITH TEXAS AMERICAN FASTPITCH ASSOCIATION(AFA)IN THE AMOUNT OF $25,500 ANNUALLY TO HOST THE 18/UNDER NATIONAL TOURNAMENT IN BEAUMONT DURING THE MONTHS OF JULY AND AUGUST 2005 AND 2006 AND THE 16/UNDER TOURNAMENT IN 2007. Councilmember Beaulieu seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED 5. Consider approving the purchase of five(5)sport utility vehicles for use in various City departments - Resolution 04-296 Administration recommended the purchase of five (5) sport utility vehicles for the Police, Fire and Health Departments through the Houston-Galveston Area Council(H- GAC) cooperative purchasing program. Three (3) 2005 Chevrolet Suburbans will be purchased and issued to the Fire Department and Health Department EMS Divsion. Two (2) Chevrolet Tahoes equipped with Police Packages will be purchased for the Police Department. Page 5 of 7 Minutes-December 21,2004 The contracted vendor is Classic Chevrolet of Beaumont. The cost of the vehicles, including the H-GAC administrative fee of$600 is$136,851. Warranty service will be provided by Classic Chevrolet. The standard warranty is three (3)years or 36,000 miles. Delivery of the unit will be within 120 days. The Suburbans will replace units 7104,a 1995 Chevrolet Suburban with 49,000 miles, 7106, a 1995 Chevrolet Suburban with 76,000 miles and 7118, a 1997 Chevrolet Suburban with 197,000 miles. The units replaced will be disposed of according to the City's surplus equipment disposal policies. Councilmember Cokinos made a motion to APPROVE RESOLUTION 04-296 FOR THE PURCHASE OF THREE(3)2005 CHEVROLET SUBURBANS FOR THE FIRE DEPARTMENT AND HEALTH DEPARTMENT, EMS DIVISION AND TWO(2) CHEVROLET TAHOES EQUIPPED WITH POLICE PACKAGES FOR THE POLICE DEPARTMENT THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM IN THE AMOUNT OF $136,851. Councilmember Smith seconded the motion. AYES: MAYOR LORD, MAYOR PRO TEM AMES, COUNCILMEMBERS SMITH, BEAULIEU, COKINOS, PATTERSON AND SAMUEL NAYS: NONE MOTION PASSED WORKSESSION * Receive report from the Greater Beaumont Chamber of Commerce Open 1:45 p.m. Close 2:00 p.m. Jim Rich, President and Rick Barrio, Economic Director of the Greater Beaumont Chamber of Commerce presented the report which recognized the increase and overwhelming number of jobs and income to the City; requested the City to continue to renew their agreement in the amount of$65,000. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - WISHED EVERYBODY A MERRY CHRISTMAS AND A HAPPY NEW YEAR COUNCILMEMBER SAMUEL- WISHED EVERYBODY A MERRY CHRISTMAS MAYOR PRO TEM AMES - WISHED EVERYBODY A MERRY CHRISTMAS AND BEST WISHES FOR A GREAT NEW YEAR COUNCILMEMBER COKINOS - WISHED EVERYBODY A MERRY CHRISTMAS AND A HAPPY NEW YEAR Page 6 of 7 Minutes-December 21,2004 COUNCILMEMBER BEAULIEU - SHARED A PRAYER PUBLISHED FROM THE BEAUMONT ENTERPRISE AND WISHED EVERYBODY A WONDERFUL HOLIDAY SEASON COUNCILMEMBER SMITH - WISHED EVERYBODY A MERRY CHRISTMAS AND A WONDERFUL 2005 CITY MANAGER HAYES - HAPPY HOLIDAYS TO THE CITIZENS AND CITY STAFF AND THANKED EVERYBODY FOR ALL THEY DO CITY ATTORNEY COOPER- WISHED EVERYBODY A MERRY CHRISTMAS AND A HAPPY NEW YEAR AND WISHED THAT ALL OUR CITIZENS STAY SAFE MAYOR LORD - WISHED EVERYBODY A VERY BLESSED CHRISTMAS WITH THE ONES WE LOVE BOTH NEARAND FAR;ANNOUNCEDTHAT RIVERFRONT PARK HAS STARTED A SPECIAL MEMORIAL GARDEN WHERE CITIZENS FOR A FEE OF$250 CAN HAVE A TREE PLANTED WITH AGRANITE MARKER TO COMMEMORATE A SPECIAL OCCASION Public Comments (Persons are limited to three minutes) LeRoy Lewis III 7866 Gladys Avenue Beaumont TX Ideas to City Council:Gave a thank you to HEB and the SE Texas Food Bank for their support of feeding the needy;feels that the City should do more to provide jobs for those who live in the City and other related issues; Merry Christmas to all the citizens of Beaumont EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Penni Simonson, et al v. City of Beaumont Lester Juneau, II, et al v. City of Beaumont There being no Executive Session, Council adjourned at 2:05 p.m. Audio tapes are available upon request in the City Clerk's Office. UM Evelyn M. L , Mayora, W Rose Ann Jones, TRM O,t�t City Clerk Page 7 of 7 Minutes-December 21,2004