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HomeMy WebLinkAboutMIN OCT 21 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 II Audwin Samuel, Mayor Pro Tem,Ward III October 21, 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 October 21,2008, 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 1-5/Consent Agenda Consent Agenda Mayor Pro Tern Samuel called the council meeting to order at 1:30 p.m. Pastor Tony Shaw of Amelia Baptist Church gave the invocation.Mr. Delanor Reeves with the Golden Triangle Order of the Purple Heart led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright and Pate. Absent: Mayor Ames and Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor was absent due to a death in her family Councilmember Smith was absent due to elections/early voting Mayor Pro Tern Samuel read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Proclamations, Presentations, Recognitions "Domestic Violence Awareness Month" - October, 2008 - Proclamation read by Councilmember Wright;accepted by Cindy Fertitta,with the Rape and Suicide Crisis Center "Pray Beaumont Day" - October 26, 2008 - Proclamation read by Councilmember Beaulieu;accepted by Pastor Howard Cameron,along with other pastors with the Beaumont Area Pastors Council Minutes-October 21,2008 Former State Representative Al Price,announced the world renowned Morehouse College Glee Club from Atlanta, Georgia, will be in Beaumont on Friday, October 31, 2008. He also gave the itinerary for the day: beginning at 9:30 a.m.,the Glee Club will visit Dr. Martin Luther King,Jr. Middle School commemorative program and mentioning sessions with students, 12:00 p.m., they will present a wreath at a Wreath-Laying Ceremony at the Martin Luther King,Jr. statue at Dr. Martin Luther King, Jr. Memorial Park; and at 7:00 p.m., they will be performing at the Starlight Missionary Baptist Church, located at 1090 Buford St. Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - October 14, 2008 Confirmation of committee appointments - Resolution 08 - 277 John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 22, 2010. (Councilmember W. L. Pate, Jr.) Traci Colbert would be reappointed to the Martin Luther King,Jr. Parkway Commission. The current term would expire February 20, 2010. (Councilmember W. L. Pate, Jr.) A) Approve compensation for the City Manager - Resolution 08 - 278 B) Approve compensation for the City Attorney - Resolution 08 - 279 C) Authorize eminent domain proceedings to acquire property for public use at 320-330 College Street and 890-892 Pearl Street - Resolution 08 - 280 D) Approve a contract for automotive preventive maintenance- Resolution 08 -281 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Page 2 of 10 Minutes-October 21,2008 GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation(TxDOT)for the Sidewalks and Ramps Project around Amelia Elementary School. The City applied for and is scheduled to receive Congestion Mitigation and Air Quality (CMAQ) funds for the construction of sidewalks and ADA ramps to connect Amelia Elementary School with the surrounding neighborhoods. Federal funds will pay for 100%of the construction costs up to a maximum of$220,000. The City's participation is 100%of the preliminary engineering cost estimated at $23,800. The federal funding will be obligated during Fiscal Year 2008 and/or 2009. Funds are available in the Capital Program for the City's share of the project. COuncilmember Beaulieu moved to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO RECEIVE CONGESTION MITIGATION AND AIR QUALITY FUNDS FOR THE SIDEWALKS AND RAMPS PROJECT AT AMELIA ELEMENTARY SCHOOL. Councilmember Coleman seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 282 2. Consider approving the rates of Entergy Texas, Inc., contained in the non-unanimous settlement filed with Entergy Texas, Inc.'s rate proceeding initiated on September 26,2007. Administration recommended approval of an ordinance approving the rates of Entergy Texas, Inc.,contained in the non-unanimous settlement filed in Entergy Texas, Inc.'s rate proceeding initiated on September 26, 2007. On June 10, 2008, the City Council approved a settlement in the Entergy Texas, Inc. (ETI) request to change rates and reconcile fuel costs presently pending before the Public Utility Commission of Texas(PUCT). The proposed settlement, referred to as"the non-unanimous settlement"(NUS), provides for a rate increase over a two(2)year period. The total overall net increase in the first year is approximately$7.6 million and is anticipated to increase in the second year to $29.1 million. The increase is to be allocated to all customer classes on an equal percentage basis. A panel of three(3)administrative law judges hearing the case has recommended approval of the settlement. Page 3 of 10 Minutes-October 21,2008 Their proposal for acceptance will be considered by the PUCT on October 23, 2008,with the rate increase anticipated to commence with the November bills. Mr. Cooper indicated the rate increase for residential customers with 1,000 KWH, their present monthly billing is $116.59, the proposed monthly billing would be $117.77 with an increase of $1.18 plus a 1.01% increase which makes the total bill $119.95. All reasonable expenses associated with rate matters will be reimbursable by the company as they have been in the past. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS, ("CITY"' APPROVING THE RATES OF ENTERGY TEXAS, INC., CONTAINED THE NON-UNANIMOUS SETTLEMENT FILED IN ENTERGY TEXAS, INC.'S RATE PROCEEDING INITIATED ON SEPTEMBER 26, 2007; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT;MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. Councilmember Beaulieu seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Ordinance 08 - 093 3. Consider terminating the contract with Garner Environmental Services, Inc. for disaster response services. Administration recommended the termination of the contract with Garner Environmental Services, Inc. A contract with Garner Environmental Services was signed on June 30, 2006. This contract is in effect for a period of five(5)years with an option to renew for another five(5)year term. The contractor agreed to provide disaster response services in the event of a declared disaster in Beaumont,Texas. After the award of the contract, Logistics team members from the Emergency Operation Center assessed various rental needs for all City departments after a hurricane. These rentals were prioritized according to need and placed in a"push package" with a ranking priority of one(1)through three(3). According to the contract, the contractor shall deliver the items on the push pack no more than seventy-two(72)hours from the City's placement of the order. There was an understanding that the contractor would send a sales representative to the Emergency Operation Center to coordinate ordering and delivery of the requested items upon enacting this push pack. On Friday, September 12, 2008, a push package,for thirty-one(31)items, including various size generators and other items, was e-mailed by Sargent Tim Ocnacheck to a sales representative for Garner Environmental Services. Hurricane Ike made landfall on Saturday, September 13, 2008. On Sunday, September 14, 2008, four(4)generators were received from the push package. The remaining twenty-seven (27) items of the push package were Page 4 of 10 Minutes-October 21,2008 never supplied. A sales representative from Garner never arrived at the Emergency Operations Center as well. Due to the items in the push pack not being received within 72 hours as required by the contract, there were essential services that could not be delivered until power was restored to those locations. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO TERMINATE THE FIVE (5) YEAR CONTRACT WITH GARNER ENVIRONMENTAL SERVICES, INC., FOR FURNISHING EMERGENCY STANDBY PRODUCTS AND SERVICES IN THE EVENT OF A DECLARED DISASTER. Councilmember Wright seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 283 4. Consider approving a contract for outsourcing the printing and mailing of water bills. Administration recommended the authorization of a contract with DataProse, Inc., of Irving, Texas. Presently, the Water Customer Service Division of the Finance Department sends out an estimated 516,000 water bills annually. Customer Service Account Technicians are responsible for proofing, editing, printing & inserting for mailing approximately 43,000 invoices for City services each month. The tray in use holds 500 bill forms, which causes constant work interruption for the clerks assigned to this task.There are 10 billing cycles that are processed approximately every other working day. Billing cycles include 2000 to 7600 invoices per cycle. It currently costs the City approximately $221,054 per year for equipment and software maintenance, printing supplies, envelope and water bill stock, postage, and overtime, in addition to the man-hours it requires to print, fold, and mail the estimated 43,000 bills per month.The current equipment in use is worn and will require replacement if this option is not approved at an estimated cost of $57,000. The outsourcing of this process will allow employees to concentrate their efforts on proofing and editing billing for accuracy, providing for better productivity and efficiency in both the Water Customer Service and the Cash Management Divisions. The contract with DataProse, Inc., is estimated to cost the City $242,520 per year. DataProse, Inc., will provide all labor, supervision, materials and equipment necessary for providing utility bill printing and mailing services. The term of the contract is twelve (12) months with an option to renew for an additional four(4)years The company will work with Page 5 of 10 Minutes-October 21,2008 staff to duplicate the City's current billing format. This change will have no impact on the citizens of Beaumont; instead, the citizens will have the new ability to view their bills online. One minor change in procedure involves inserts being included in the water bills. For several years, nonprofit organizations and City departments who were holding either City-sponsored events or events within a city facility were able to request a flier be inserted in the water bills for dissemination to citizens at no charge as long as the appropriate number of fliers were provided to the Customer Service Division. While inserts are allowed within the contract with DataProse, Inc., there will be a charge of$0.01 per item that is inserted per bill. This fee, which is approximately$430 for 43000 inserts, will be charged to the organizations or City departments when the request to include the insert is approved. The organization or City department will provide the flier in an electronic format that will be transmitted to DataProse, Inc. Funds are appropriated in the Water Customer Service Division's operating budget in the Water Utilities Fund. COuncilmember Coleman made a motion tO APPROVE A RESOLUTION THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DATAPROSE, INC., FOR OUTSOURCING THE PRINTING AND MAILING OF WATER BILLS ATAN ESTIMATED COST OF$265,74. PER YEAR. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 284 5. Consider approving an interlocal agreement with the City of Plano, Texas to allow participation in a contract with DataProse, Inc. for water bill printing and mailing services. Administration recommended the authorization of an interlocal purchasing cooperative agreement with the City of Plano,Texas to enter into a contract with DataProse, Inc,for water bill printing and mailing services. The City of Plano has awarded a contract to DataProse, Inc., in compliance with bidding requirements of the State of Texas to provide water bill printing and mailing services. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. No funds are required for the interlocal agreement. Page 6 of 10 Minutes-October 21,2008 Councilmember Beaulieu made a motion to APPROVER RESOLUTION THATTHE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL PURCHASING COOPERATIVE AGREEMENT WITH THE CITY OF PLANO, TEXAS, WHICH WOULD ALLOW PARTICIPATION IN A CONTRACT WITH DATAPROSE, INC., FOR WATER BILL PRINTING AND MAILING SERVICES. Councilmember Wright seconded the motion. AYES: MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 08 - 285 WORKSESSION Review and discuss Solid Waste Services and Recycling Program Options Tom Warner, Public Works Director, discussed the solid waste services and recycling options with Council. Mr. Warner first discussed the solid waste services that would be provided for residential areas,which would be once per week pickup, bi-weekly pickup of heavy trash, nonresidential would be once per week pickup. The number of residential customers that services would be provided to is 32,800. The landfill will not have a disposal fee for residents of the city as well as free composting material. Mr.Warner,also discussed the solid waste fees, residential$14.00, residential collection $3.49,yearwaste collection$0.99, heavy trash collection$3.09, landfill charges$2.66,administration and non operating fees$3.77, senior citizens $12.60. The recycling pilot program started June 2, 2008 for 90 days with one drop off location at Market Basket on Phelan and 23rd with one single 40 cubic yard container,the daily pickup and delivery is provided by Waste Management and Gulf Coast Recycling. The total hauls to date are 115, average hauls to date are 1.28,total tons hauled 140.92 and the average tons per haul were 1.23. Mr.Warner,also discussed the estimated annual cost and the estimated monthly fee per resident. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- CONDOLENCES TO MAYOR AMES AND THE BENOIT FAMILY ON THE LOSS OF HER GRANDMOTHER COUNCILMEMBER BEAULIEU - THOUGHTS AND PRAYERS ARE WITH THE MAYOR AND HER FAMILY ON THE LOSS OF HER GRANDMOTHER, READ A LETTER FROM SABINE TABERNACLE IN REGARDS TO THE BEAUMONT POLICE DEPARTMENT,PRAISING THEM ON THE WONDERFUL JOB THAT THEY DO COUNCILMEMBER WRIGHT- THANKS TO THE BEAUMONT POLICE DEPARTMENT, FIRE AND EMS ON A GREAT JOB THEY DID DURING THE CITY'S EMERGENCY SITUATION OF HURRICANE IKE,COMMENTED ON Page 7 of 10 Minutes-October 21,2008 CITY EMPLOYEES THAT WENT TO AN ELDERLY COUPLES' HOME AFTER HOURS AND CUT TREES AS WELL AS STACKING THE DEBRIS FOR THEM,COMMENTED ON THE RATE INCREASE FOR THE UTILITIES,COULD NOT HAVE HAD BETTER SERVICE FROM JOE DOMINO AND SAM BETHEA,ALSO ON HOW THE CITY MANAGER AND CITY ATTORNEY WORKED AROUND THE CLOCK WITH THE MAYORAT THE EMERGENCY OPERATIONS CENTER DURING THE HURRICANE,ASKED COUNCILMEMBER COLEMAN TO INFORM EVERYONE ABOUT THE TRIP THAT HE IS GETTING READY TO TAKE WITH THE METHODIST UNITED CHURCH, COMMENTED ON A HOMELESS LADY UNDER THE FREEWAY NEAR 11TH STREET, COUNCILMEMBER WRIGHT STATED SHE HAS TRIED TO GO OUT AND LOCATE HER BUT HAS BEEN UNSUCCESSFUL,ASKED IF ANYONE KNOWS OF A SHELTER TO PLEASE TRY AND ASSIST HER IF LOCATED COUNCILMEMBER COLEMAN - COMMENTED ON THE UNITED METHODIST CHURCH, THE UNITED NATIONS FOUNDATION AND SPORTS ILLUSTRATED WHO ARE SPONSORING THE "NOTHING BUT NETS PROGRAM", EVERY 30 SECONDS A CHILD IN AFRICA DIES OF MALARIA AND THE DISEASE OVERWHELMS THEIR HOSPITAL SYSTEM, THE METHODIST CHURCH HAS RAISED $855,000 WHICH HAS BEEN MATCHED BY THE GATES FOUNDATION, THERE IS A TEAM OF 40 METHODISTS THAT WILL BE ATTENDING FROM THE EASTERN FOURTH OF OUR STATE, THE TEAM LEAVES ON NOVEMBER 7, 2008 TRAVELING TO THE IVORY COAST AND WILL BE DISTRIBUTING MALARIA NETS TO FIVE SITES, THIS WILL PROTECT THEM FOR FOUR YEARS, COUNCILMEMBER COLEMAN WILL ALSO BRING SOCCER BALLS AND LEAVE ONE AT EACH LOCATION VISITED COUNCILMEMBER PATE - THOUGHTS AND PRAYERS ARE WITH THE MAYOR AND THE BENOIT FAMILY ON THE LOSS OF HER GRANDMOTHER, COMMENTED ON THE POLICE, FIRE AND EMS AS WELL AS CITY STAFF ON THE GREAT JOBS THAT THEY DO, ANNOUNCED THAT THE BEAUMONT CHAMBER OF COMMERCE WOULD BE RECOGNIZING STEIN HAGEN OIL COMPANY, ON OCTOBER 21, 2008, AS HAVING AN OUTSTANDING IMPACT ON THE COMMUNITY, MENTIONED A FUND RAISER GIVEN BY THE SABINE AREA RESTAURANT ASSOCIATION WHERE THEY PRESENTED LAMAR UNIVERSITY WITH A QUARTER OF A MILLION DOLLAR SCHOLARSHIP FOR THEIR CULINARY PROGRAM Page 8 of 10 Minutes-October 21,2008 MAYOR PRO TEM SAMUEL- COMMENDED ALL OF THE CITY EMPLOYEES, PARTICULARLY THE CITY EMPLOYEES THAT WORKED THE NEIGHBORS IN THE PARK, THEY DID A GREAT JOB COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- EXPRESSED CONDOLENCES TO MAYOR AMES AND HER FAMILY ON THE LOSS OF HER GRANDMOTHER CITY MANAGER HAYES- ANNOUNCED THAT THERE WOULD NOT BE A CITY COUNCIL MEETING ON OCTOBER 28, 2008, DUE TO A TEXAS MUNICIPAL LEAGUE CONFERENCE MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) Octavio Laguna Rt. 1 Box 172-B Kirbyville TX Thanked the Mayor and Council for their support on naming the Purple Heart Memorial Bridge, announced that on November 15, 2008, at 10:30 a.m., at Parkdale Mall, there will be an unveiling of the Texas Purple Heart,which is dedicated only to fallen heroes that have made the ultimate sacrifice in Iraq and Afghanistan Kerry J. Avie 3035 Elinor Beaumont TX Religious Comments Bruce Hoffer 2615 Gladys Beaumont TX Commented on a turning lane on Dishman Rd that is going to be installed outside of the Chris Quinn complex,on November 15,2007 theirwill be a tournament at the complex with over 200 games that will be taking place, the age group will be from 8 years old to 18 years old, commented on recycling, in favor of having a drop-off site one in each ward Open session of meeting recessed at 3:16 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Scott Lisenby, et al vs City of Beaumont, et al The Claim of John Smith Garner Environmental Services, Inc. Page 9 of 10 Minutes-October 21,2008 Consider matters related to employment,evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Tina Broussard, City Clerk - Postponed There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. c4AC----� -t-A-Vow"kil Au win , Mayor Pro Tern ,r �% 6�j � W Tina Broussard, City Clerk WI, r cS' . Page 10 of 10 Minutes-October 21,2008