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HomeMy WebLinkAboutMIN JAN 15 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Mayor Pro Tem, Ward III January 15, 2008 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 January 15, 2008, 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. Pastor Howard Cameron of Trinity 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 MayorAmes, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Absent: Mayor Pro Tern Samuel (Arrived at 1:34 p.m.). 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 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 8, 2008 Confirmation of committee appointments - Resolution 08 - 010 Harold Haynes would be appointed to the Keep Beaumont Beautiful Commission. The term would commence January 15, 2008 and expire January 14, 2010. (Mayor Pro Tern Audwin M. Samuel) Minutes-January 15,2008 A) Authorize the acceptance of an exclusive ten (10) foot wide water line easement for fire hydrants across Hidden Lake RV Park located on Major Drive at Fannett Road-Resolution 08 - 011 B) Approve a resolution accepting maintenance of the water and sewer improvements in The Sanctuary - Resolution 08 - 012 C) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in Washington Manor Unit Six Subdivision - Resolution 08 - 013 D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Sienna Trails Subdivision - Resolution 08 - 014 E) Authorize the settlement of the claim of Dan Eisen - Resolution 08 - 015 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider approving the purchase of a performance stage system for the Civic Center. Administration recommended the purchase of a performance stage system for the Civic Center from StageRight Corporation of Clare, Michigan in the amount of$95,023. The Sico Brand performance stage currently in use at the Civic Center was purchased in January 1979. Some of the 4'x 8' reversible deck panels and support system components are showing considerable wear. The system takes several days to assemble, level, and secure together when a stage is required for a performance. Once assembled, the stage is not portable, and must be broken down and reassembled if the stage is needed in a different location. The Civic Center staff witnessed a demonstration of the proposed StageRight equipment in use at Ford Park and is satisfied that the stage system meets specifications. The new equipment will allow assembly of the entire stage within only a few hours reducing labor expenses each time the performance stage is set up. Once assembled, the stage is fully portable. Delivery is expected within forty-five (45) days. Page 2 of 8 Minutes-January 15,2008 Funds are budgeted in the Capital Reserve Fund. Councilmember Beaulieu moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY STAGERIGHT CORPORATION OF CLARE, MICHIGAN, FOR THE PURCHASE OF A PERFORMANCE STAGE SYSTEM IN THE AMOUNT OF $95,023 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 016 2. Consider approving an increase to rental rates for new community centers. Administration recommended that rental rates for all newly constructed community centers be increased to $50.00 per hour with a minimum rental of two hours. In October of 2006 the Event Facilities Division assumed responsibility of all community centers which included assigning a building attendant to each activity. Staff conducted a survey of like facilities in the State of Texas and the comparison shows our rates were considerably lower than average. Based on survey and increasing operating costs we recommend increasing rental rates for Central Park and all new community centers to$50.00 per hourwith a minimum rental of two hours which represents an increase from $25.00 per hour with a three hour minimum. By reducing the minimum usage time from three hours to two hours, rental cost would only increase by$25.00 with one hour less usage time. The majority of events are baby showers, children's birthday parties and church programs and do not require three hours of rental time. We would continue to allow 30 minutes before and 30 minutes after each event for set-up and take-down at no additional charge. We project that revenue for Central Park community center will increase by approximately $3,500.00 for this fiscal year since many events are already contracted at the current rate. Revenue projections for upcoming years will increase considerably due to increased rental rates and more new community centers coming on line. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20,ARTICLE II,SECTION 20-21 (H);ADDING THE CENTRAL PARK COMMUNITY CENTER RATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Samuel seconded the motion. Page 3 of 8 Minutes-January 15,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 007 3. Consider authorizing the City Manager to increase the Rehabilitation of the Primary and Secondary Trickling Filters Project for "extra work". Administration recommended approval of increasing the rehabilitation of the Primary and Secondary Trickling Filters Project amount by $76,485.00. The proposed changes to the contract will furnish labor,equipment and material to remove the damaged portion of the wall on the final clarifier splitter box, install new concrete to match the existing wall, reinstall the slide gate brackets, add new plates so that there is a 1"plate on both sides of the wall, install stainless steel bolts to anchor the slide gate bracket to the wall and through the plates of the slide gate brackets, and reinstall the slide gate actuator on the bracket. The Proposed extra work will represent an increase of 5.11%of the original contract amount and a total increase of 7.45% of the original contract. The primary and secondary filters were originally built in 1952. The proposed additions and modifications to the trickling filters are mandated by equipment failure, increased flows during normal operational conditions and deteriorated structures and equipment. Funds for the project 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 CHANGE ORDER NO. 2 FOR "EXTRA WORK" THEREBY INCREASING THE CONTRACT AMOUNT BY$76,485 FORA TOTAL CONTRACT AMOUNT OF $1,607,704.35. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 017 4. Consider terminating a contract with Millennium Transit Services, LLC for the purchase of sixteen (16) CNG transit buses. Administration recommended Council terminate the contract between the City of Beaumont and Millennium Transit Services, LLC for the purchase of sixteen (16) transit buses in the amount of$6,071,376 by reason of default. Page 4 of 8 Minutes-January 15,2008 On December 20,2005,the City Council approved the purchase of sixteen(16) Compressed Natural Gas (CNG) powered transit buses from Millennium Transit Services, LLC, the only bidder, at the cost of$379,461 per bus for a total cost of$6,071,376. The cost was to be funded by Congestion Mitigation Air Quality (CMAQ) funds in the amount of a $6,200,000 grant. In addition, the City was able to secure State of Texas toll credits for the local match, resulting in the City incurring no cost to purchase the buses. The order was placed January 18, 2006 with an expected delivery date of 200 days, according to the bid response, or August 15, 2006. In the past year, the City received many inquiries as to the financial condition of Millennium Transit Services, LLC and their ability to fulfill the City's order. City staff reviewed the files and contacted representatives with Millennium Transit Services, LLC. It was confirmed that the company had been in financial straits but felt they could fulfill the order. After much correspondence and a trip to the plant in Roswell, New Mexico,the staff felt we should move forward with the purchase and a new delivery date of May 20, 2008, contingent upon Millennium Transit Services, LLC, providing the City of Beaumont with a performance bond for 5% or$303,569 of the purchase price, as required by the contract. During a conference call on December 20, 2007, a representative from Millennium Transit Services, LLC, stated that the company was not in a financial position to obtain a performance bond. As an alternative to the required performance bond, the company has offered two letters of credit totaling$75,000 or 1.2%of the contract price to be paid if the buses are not delivered by July 30, 2008, which the staff feels is not adequate insurance for a contract in the amount of $6,071,376. Administration feels the required performance bond provides assurance that we will have buses available to continue providing safe and adequate transit services. As a result of Millennium Transit Services, LLC, being unable to provide the performance bond, the Administration recommends termination of the contract. If this contract is terminated, the funding the City has been awarded is available to fund another contract for the purchase of transit buses. Council member Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO TERMINATE THE CONTRACT BETWEEN THE CITY OF BEAUMONT AND MILLENNIUM TRANSIT SERVICES, LLC FOR THE PURCHASE OF SIXTEEN (16) TRANSIT BUSES IN THE AMOUNT OF $6,071,376 BY REASON OF DEFAULT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 018 Page 5 of 8 Minutes-January 15,2008 COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- COMPLIMENTED THE MAYOR ON HER SPEECH AT THE OAKS HISTORIC DISTRICT ASSOCIATION MEETING,CONDOLENCES TO THE FAMILY OF SHERYL KLING COUNCILMEMBER BEAULIEU - EXTENDED CONDOLENCES TO THE FAMILY OF SHERYL KLING,APPRECIATION TO THE BEAUMONT POLICE OFFICERS DURING THE TRIAL OF LISA BEAULIEU COUNCILMEMBER WRIGHT- READ AND COMMENTED ON AN E-MAIL RECEIVED THROUGH THE CITY E-MAIL FROM FIRE FIGHTERS OF ANOTHER CITY COUNCILMEMBER PATE - SPOKE REGARDING THE RE-ENACTMENT OF SPINDLE TOP, ALSO COMMENTED ON THE EXPANSION OF EASY'S AND THEIR GRAND OPENING,COMPLIMENTED THE MAYOR ON HER SPEECH AT THE OAKS HISTORIC DISTRICT ASSOCIATION MEETING, ENCOURAGED EVERYONE TO GET INVOLVED IN THEIR NEIGHBORHOOD ASSOCIATIONS, ANNOUNCED THAT CONGRESSMAN TED POE WILL BE IN THE AREA FOR AN INFORMATIONAL TOWN HALL MEETING TO SPEAK ON "CONTRACTING PROCESS FOR LOCAL INDUSTRIAL PROJECTS", AT 5 POINT CREDIT UNION, 4401 HWY 73 IN PORT ARTHUR, ON SATURDAY JANUARY 19, 2008 AT 12:00 P.M., ALSO CONDOLENCES TO THE FAMILY OF SHERYL KLING MAYOR PRO TEM SAMUEL - EXTENDED CONDOLENCES TO THE FAMILY OF SHERYL KLING, ANNOUNCED THAT ON SATURDAY JANUARY 19, 2008 THEIR WILL BE A PARADE AT 9:00 A.M.AND AT 2:00 P.M., THERE WILL BE A PARK DEDICATION TO THE MLK PARK ON THE CORNER OF COLLEGE AND MLK PARKWAY, DISCUSSED THE BOARD MEETING HE ATTENDED WITH THE NATIONAL LEAGUE OF CITIES COUNCILMEMBER SMITH - EXTENDED CONDOLENCES TO THE FAMILY OF SHERYL KLING, ANNOUNCED THE MLK PARADE AT 9:00 A.M. ON SATURDAY AND A PROGRAM AT MLK MIDDLE SCHOOL ALSO THERE WILL BE A BREAKFAST AT DOUGLAS MEMORIAL AT 7:30 A.M., AFTER THAT THERE IS A LUNCHEON IN PORT ARTHUR AT THE CIVIC CENTER Page 6 of 8 Minutes-January 15,2008 CITY ATTORNEY COOPER - EXTENDED CONDOLENCES TO SHERYL KLING AND HER FAMILY CITY MANAGER HAYES - SPOKE REGARDING SHERYL KLING AND EXTENDED CONDOLENCES TO HER FAMILY MAYOR AMES - EXTENDED CONDOLENCES TO SHERYL KLING AND HER FAMILY, ENCOURAGED EVERYONE TO COME OUT TO THE DEDICATION OF THE MLK PARK ON SATURDAY Public Comments (Persons are limited to three minutes) Patrick H. Gibbs 4835 Corley Beaumont TX Complimented Council on the great job they are doing as well as the City Manager and City Attorney;commented on the Executive Session and the lawsuit against the Attorney General's Office Jude Paredez 10620 Gage Rd. Beaumont TX Read an article to council regarding public information requests, commented on the law suit against the Attorney General's Office Brenda Gilbert 10745 Johnson Rd. Beaumont TX Commented on a public information request regarding a claim as well as the Gilbert Building Christopher Jones 1045 Doucette Ave. Beaumont TX Wished everyone a Happy New Year, discussed his neighborhood and its neglect from opportunity and upgrades, asked for Council's help to improve the city and neighborhoods Joanne Brown 3595 Wheat Beaumont TX Spoke regarding the Beaumont Housing Authority and its daily operation of business Glenda Ardoin 1401 Park St. Beaumont TX Spoke regarding the fact that citizens need to know what is going on within their City, as well as the lawsuit against the Attorney General's Office, also hiring practices and the makeup of our City, more housing within the City and in the Charlton Pollard community and more progress in their community Open session of meeting recessed at 2:27 p.m. EXECUTIVE SESSION Page 7 of 8 Minutes-January 15,2008 Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Firefighters, Local Union No. 399 Erik Kvarme vs. The City of Beaumont, et al Gene E. Bates vs. The City of Beaumont City of Beaumont vs. Attorney General Greg Abbott Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Audio tapes are available upon request in the City Clerk's Office. Becky Ames, 64yor cM' co S Tina Broussard, City Clerk Page 8 of 8 Minutes-January 15,2008