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Home My WebLink AboutMIN APR 21 2009 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 111 April 21, 2009 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 April 21,2009, 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. Reverend James Blackwell of South Park Baptist Church gave the invocation. Mayor Pro Tem Samuel led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Samuel, Councilmembers Coleman, Wright and Pate. Absent: Councilmembers Beaulieu and Smith, also absent City Attorney Tyrone Cooper. Also present were Kyle Hayes,City Manager;Joe Sanders, 1 st Assistant City Attorney;Tina Broussard, City Clerk. Councilmember Beaulieu absent due to being out of the City. Councilmember Smith absent due to work. Proclamations, Presentations, Recognitions "Motorcycle Safety and Awareness Month" - May, 2009 - Proclamation read by Councilmember Pate; accepted by David Die, Safety Awareness Coordinator "National Library Week" - April 12 - 18, 2009 - Proclamation read by Councilmember Wright; accepted by Betty Leaf and Library Commission Members "Sexual Assault Awareness and Prevention Month" - April, 2009 - Proclamation read by Councilmember Coleman; accepted by Cheryl Williams, Executive Director, Rape and Suicide Crisis of South East Texas Minutes-April 21,2009 "Crime Victims Rights Week" -Aril 26, 2009 through May 2, 2009- Proclamation read by Mayor Pro Tern Samuel;accepted by Misty Carver, Chairman of Jefferson County Coalition for Victims of Crime Donda Thomasson,Communications Coordinatorfor the McFaddin-Ward House Museum, made remarks regarding the Green Summit, which will anchor a round table discussion on what the City can offer and the assistance that the City will need from the community. 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 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 7, 2009 Confirmation of committee appointments - None A) Appoint Jimmy Hamm and Terrence Holmes as City Magistrates - Resolution 09 - 097 B) Authorize part-time City Magistrate Terrence Holmes to represent persons charged with criminal activity by City of Beaumont employees - Resolution 09 - 098 C) Authorize part-time City Magistrate Jimmy Hamm to represent persons charged with criminal activity by City of Beaumont employees - Resolution 09 - 099 D) Authorize the creation of an ad hoc committee to explore the feasibility of various recycling efforts for the City of Beaumont - Resolution 09 - 100 E) Approve maintenance of the street,storm sewer,water and sanitary sewer improvements in Jehova Jireh Village, Phase I - Resolution 09 - 101 F) Authorize the City Manager to execute all documents necessary, specifically including a monitoring service agreement, in order to begin monitoring the Southeast Texas Auto Theft Task Force bait vehicle - Resolution 09 - 102 G) Authorize the City Manager to execute all documents necessary for the Southeast Texas Auto Theft Task Force to advertise on billboards owned by Lamar Advertising to raise public awareness regarding auto theft and auto burglaries - Resolution 09 - 103 H) Authorize the City Manager to apply for and receive funding through the Recovery Act: 2009 Edward Byrne Memorial Justice Assistance Grant program and to execute inter-local agreement with Jefferson County and area cities - Resolution 09 - 104 Page 2 of 10 Minutes-April 21,2009 1) Authorize the City Manager to approve the Texas Department of Transportation Change Order No. 1 for the Willow Street Streetscape Project and acknowledge the potential increase/decrease in the City's contribution to the project - Resolution 09 - 105 Councilmember Wright made a motion to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution authorizing the City Manager to purchase traffic signal cabinets with controllers. Administration recommended approval of a resolution authorizing the City Manager to purchase 30 new traffic signal cabinets with controllers totaling $372,700 from Naztec, Incorporated. Naztec, Inc. is the sole vendor of equipment that is completely compatible with the City's existing Naztec traffic signal equipment. Traffic signal controllers have a life span of approximately 10 years. Currently, the City maintains traffic signal controllers that are 18 to 19 years old. The City maintains approximately 170 traffic signals. This will be the first phase toward comprehensive traffic signal controller/cabinet replacement. Approximately, 57 will be replaced as part of roadway reconstruction leaving 83 intersections in need of funding. Funds are included in the Capital Program. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO PURCHASE THIRTY (30) NEW TRAFFIC SIGNAL CABINETS WITH CONTROLLERS TOTALING$372,700 FROM NAZTEC,INC.,THE SOLE VENDOR OF EQUIPMENT THAT IS COMPLETELY COMPATIBLE WITH THE CITY'S EXISTING NAZTEC TRAFFIC SIGNAL EQUIPMENT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 106 Page 3 of 10 Minutes-April 21,2009 2. Consider approving a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-X111 Project for "extra work". Administration recommended approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI I I Project amount by$71,612.80.The proposed changes to the contract will rehabilitate approximately 240 linear feet of 6-inch and 1,150 linear feet of 8-inch sanitary sewer lines, remove and replace four manholes, clean and televise 1,390 linear feet of existing lines, post televise 1,390 linear feet of rehabilitated lines, furnish and install two end of line cleanouts, replace 30 short side service connections and increase the contract time by 155 calendar days. The proposed extra work will represent an increase of 16.66% of the original contract amount. The proposed extra work is for the area between Fieldwood and Ebonwood Lane from Edson Drive to Bandera Drive. The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. Funds for the project are available in the Capital Program. Councilmember Coleman made a motion tO APPROVE A RESOLUTION THATTHE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR"EXTRA WORK"IN THE AMOUNT OF $71,612.80, THEREBY INCREASING THE CONTRACT AMOUNT TO $501,408.82. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 107 3. Consider approving a contract for refurbishing and remounting two ambulance box modules. Administration recommended the award of a contract to Frazer Ltd.,of Bellaire,Texas in the amount of$55,750. Pricing for this contract is 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 price of$55,750 includes the H-GAC Administrative Fee of$600. Beaumont EMS operates ambulances consisting of an ambulance box module on a heavy- duty pickup chassis. Ambulance box modules,when periodically refurbished, have a longer service life than the chassis on which they are mounted. New modules cost approximately $80,000 each. It is therefore cost effective to refurbish and upgrade the existing modules to the standard of the new module. Council approved the purchase of the chassis on January 27, 2009, Resolution No. 09-022. Page 4 of 10 Minutes-April 21,2009 Delivery is approximately eight (8) weeks. Funds are budgeted in the Capital Reserve Fund. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO FRAZER LTD., OF BELLAIRE,TEXAS, IN THE AMOUNT OF$55,750 FOR REFURBISHING AND REMOUNTING TWO(2)AMBULANCE BOX MODULES THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 108 4. Consider authorizing the City Manager to apply for and accept Neighborhood Stabilization Program funding available through the Department of Housing and Urban Development. Administration recommended approval. The Neighborhood Stabilization Program(NSP)is a HUD-funded program authorized by the "Housing and Economic Recovery Act of 2008"(HERA), as a supplemental allocation to the Community Development Block Grant(CDBG) Program. The purpose of the program is to acquire and encourage redevelopment of foreclosed,abandoned and blighted properties in orderto stabilize neighborhoods and stem the decline of house values of neighboring homes. This program offers a variety of eligible activities, including offering refinancing mechanisms for foreclosed properties, demolition of properties. Application for this program would be made to the Texas Department of Housing and Community Affairs(TDHCA).Approximately$1,498,950 is available forJefferson County,and Beaumont and Port Arthur are both eligible for funding. The Administrations of both cities are proposing to apply for the funding on a 60/40 basis. The deadline for submitting an application is Monday, April 27tH Additional funds of approximately $900,000 would be available through this grant, with no required local match. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN ESTIMATED AMOUNT OF $900,000 THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM PROVIDED BY THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Pate seconded the motion. Page 5 of 10 Minutes-April 21,2009 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 109 PUBLIC HEARING Receive citizen comments on the Public Service and Public Facilities and Improvements line items for the Consolidated Grant Program's 2009 Annual Action Plan Public Hearing Open: 2:34 p.m. Jean Baradar 5345 Fannett Road Beaumont TX Tyrrell Park Neighborhood Association Michael Perez 2350 1-10 East Beaumont TX Salvation Army Boys and Girls Club Katie Durio 10592 Gaulding Road Beaumont TX Stable Spirit Emily Eisen 2390 Dowlen Beaumont TX Julie Rogers Gift of Life Program Linda Sculley 407 W. Pineshadows Sour Lake TX Christian Women Job Corp. Uliana Trylowsky 635 Sue Lane Beaumont TX Habitat for Humanity Anissa Eddie 6116 Willis St. Apt. A Beaumont TX IEA and Ben's Kids Cheryl Williams 700 North St. Beaumont TX Rape and Suicide Crisis Center Page 6 of 10 Minutes-April 21,2009 Michelle Turner 6265 West Bend Beaumont TX Common Ground Performing Arts Melody Chappell 4690 Prairie Beaumont TX Common Ground Performing Arts Pastor Kennedy Andrews 515 Magnolia Beaumont TX Adopt-a-Block Ministries Stephanie Lartigue Pearson 6550 Lexington Dr. #4 Beaumont TX Experience Corps Bonnie Brooks 1495 N. 7th St. Beaumont TX Triangle Aids Network Virginia Crook 5770 Jackie Ln. Beaumont TX One Church One Child Public Hearing Close: 3:01 p.m. WORKSESSION Review and discuss questions relating to Mobile Food Vendors Ingrid Holmes, Public Health Director,discussed mobile food unit fees starting with FY 2008 versus FY 2009, in both years the annual fee is$192.50. The failing inspection grades were discussed for both years and approximately twelve establishments were closed for various periods of time in 2008. All of the establishments that were closed did not receive failing grades;they were closed for reasons such as imminent health hazards or fires. Food-borne illnesses were discussed, in 2007 there were fifty five (50) cases, in 2008 seventy two (72) cases, and in 2009 twelve(12)cases. In each of these cases an independent lab confirmed food-borne illnesses that were reported to the Beaumont Health Department. Inspections were discussed, the mobile food units inspection before 2009 was the same as permanent food establishments which were at least once every six(6)months. Inspections are now made when a food sale permit is secured to better ensure the public's health. Page 7 of 10 Minutes-April 21,2009 Annual fees were compared with other County's and one City, in the City of Beaumont the annual fee is $192.50, in Jefferson and Orange Counties the fees are$150.00 and the City of Port Arthur's fee is$40.00. Comparison of Ordinances were discussed for 2009,the City of Beaumont follows State requirements and additional requirements were approved by Council on February 10,2009, in Jefferson and Orange County they follow State requirements, in the City of Port Arthur they follow State requirements as well. The City of Beaumont decided to go above the State's minimum requirements in order to better ensure the public's health.There were also restroom rules that were compared,the City of Beaumont mobile food units must be located on a paved surface and within 200 feet of a commercial restroom. The Counties of Jefferson and Orange have no restroom distance requirements as well as the City of Prot Arthur. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ASKED IF THERE WAS ANY WAY THAT COUNCILMEMBERS COULD BE ALERTED TO 311 COMPLAINT CALLS REGARDING THEIR WARDS SO THAT THEY MAY BE AWARE OF THOSE COMPLAINTS AND THAT THEY ARE BEING TAKEN CARE OF COUNCILMEMBER BEAULIEU - ABSENT COUNCILMEMBER SMITH - MADE ANNOUNCEMENTS FOR COUNCILMEMBER SMITH IN HIS ABSENCE, THANKED TERRY RANDLE WITH CODE ENFORCEMENT AND BENGY WILLIAMS WITH CLEAN COMMUNITY FOR THEIR ASSISTANCE IN THE SOUTH END, THANKED THE MENS MINISTRY AT ANTIOCH BAPTIST CHURCH, THANKED CHERYL GUIDRY, JOHN GUIDRY AND FELICIA YOUNG FOR THE REVAMPING OF THE L.L. MELTON YMCA,ALSO ASKED THAT IF ANYONE WAS INTERESTED IN VOLUNTEERING FOR THE YMCA REVAMPING TO CONTACT COUNCILMEMBER SMITH AT BEAUMONT CITY HALL, ALSO ANNOUNCED THAT THE TYRRELL PARK NEIGHBORHOOD ASSOCIATION WILL BE HAVING A BLOCK PARTYATTYRRELL PARK, ON APRIL 25, 2009 FROM 10:30 A.M.TO 2:30 P.M., OZEN HIGH SCHOOL WILL BE HAVING A CARNIVAL FROM 10:00 A.M. TO 5:00 P.M.,ALSO THANKED ALL OF THE CITY EMPLOYEES FOR THEIR SERVICE TO THE CITIZENS COUNCILMEMBER PATE- COMMENTED ON THE BEAUMONT CHAMBER OF COMMERCE "LOBSTER FEST" FUND RAISER, ENCOURAGED EVERYONE TO ATTEND MAYOR PRO TEM SAMUEL - CONGRATULATED JOHNNY BEATTY ON THE 2009 FAIR HOUSING CONFERENCE, ALSO ACKNOWLEDGE FAIR HOUSING MONTH Page 8 of 10 Minutes-April 21,2009 COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER - ABSENT CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Terry Hickey 3030 French Rd. #506 Beaumont TX Spoke regarding sidewalks and crosswalks for pedestrians and the disabled,the sidewalks and crosswalks of concern are from French Rd.to 169 to Delaware, Lucas Rd.from the feeder to HEB, Lucas and Concord, Crow Rd. from Folsom to Dowlen and from Dowlen Rd. to the Delaware feeder, also a petition was presented to council with over 400 signatures Rodney Denklan 3030 French Rd. #422 Beaumont TX Spoke regarding sidewalks and crosswalks for pedestrians and the disabled citizens of Beaumont Mayra Garza 7616 Springmeadow Beaumont TX Spoke regarding the Mobile Food Units and the yearly cost to purchase the required permits Roberto Flores 2425 Buchanan Beaumont TX Commented on mobile food units and the pride of entrepreneurs, also spoke regarding a vendor who will be in attendance at a festival that will take place in a few weeks, hopes that no one tries to stop this vendor from working at this festival Open session of meeting recessed at 3:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kenneth Allison v. Mustang Tractor Denodia Tousaint vs. City of Beaumont Derrick Newman v. David Todd Burke, et al Carolyn Faul vs. Terrance McFarland Moss, et al Curtis Breaux, et al, v. City of Beaumont Claim of Betty Clay Claim of Harold Butler Claim of Tiffany Butler Page 9 of 10 Minutes-April 21,2009 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 Magistrate Craig Lively - Cancelled There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. &614W ke--VC4� Becky AmesUAayor ��T �!lo AA Tina Broussard, City Clerk Page 10 of 10 Minutes-April 21,2009