HomeMy WebLinkAboutMIN DEC 01 2009 M I N U T E S - CITY OF BEAUMONT
W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern
Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II
Audwin Samuel, Ward III December 01,2009 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 December 01,2009, 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 Sondra von Gyllenband of Unitity Church of Beaumont gave the invocation.
Councilmember Smith led the Pledge of Allegiance. Roll call was made by Tina Broussard, City
Clerk.
Present atthe meeting were MayorAmes, Mayor Pro Tern Wright, Councilmembers Coleman, Pate
and Smith. Absent: Councilmembers Beaulieu and Samuel. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Beaulieu was absent due to illness and Councilmember Samuel was out of the
Country.
Proclamations, Presentations, Recognitions
"Christmas Holiday Festival and Parade" - December 3-6, 2009- Proclamation read by
Mayor Ames; accepted by Santa Clause and his helpers from Westminster Children's Center
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
The Mayor also welcomed Carolyn Chaney, Washington Assistant, and Christopher Gigilo to
Beaumont
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
Minutes-December 1,2009
Greg E. Bates 52 N. 7th St. Beaumont TX
Commented on Item #1 on the Agenda regarding the sale of up to $30 Million of City of
Beaumont Certificates of Obligation, asked that Council remove items#6, 7, & 20 from the
sale.
CONSENT AGENDA
Approval of minutes - November 24, 2009
Confirmation of committee appointments - None
A) Approve a contract with LD Construction of Beaumont for the placement of hot mix
asphaltic concrete which is used for street rehabilitation - Resolution 09 - 356
B) Authorize the granting of a Pipeline License Agreement with TE Products Pipeline
Company, LLC - Resolution 09 - 357
Councilmember Smith made a motion to approve the Consent Agenda. Councilmember
Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
PATE AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1 . Consider approving an ordinance authorizing the issuance and sale of up to$30 Million City
of Beaumont, Texas, Certificates of Obligation, Series 2009; levying taxes to provide for
payment thereof; and containing other matters related thereto.
Administration recommended approval.
Results of the sale will be presented by the City's Financial Advisor, Ryan O'Hara of RBC
Capital Markets. A recommendation will be made to award the bonds to the underwriters.
The certificates will mature March 1, 2011 through March 1, 2034 with interest payable
semiannually in March and September beginning March 1,2010. The Bank of New York Trust
Company, N.A., Dallas, Texas, will serve as paying agent/registrar.
Delivery and receipt of proceeds by the City are scheduled for December 29, 2009.
Proceeds will be used to provide funds for various street, drainage and general improvement
projects.
Minutes-December 1,2009
Page 2 of 7
All debt shall be incurred in the Debt Service Fund which is supported by property taxes. The
current debt service property tax rate is$.199723/$100 assessed valuation. It is anticipated
that in Fiscal Year 2011 one-half of one cent will need to be shifted from the General Fund to
the Debt Service Fund to meet debt service requirements on these and existing certificates.
Councilmember Coleman moved to ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE AND
SALE OF $30,000,000 THE CITY OF BEAUMONT, TEXAS CERTIFICATES OF OBLIGATION, SERIES
2009; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER MATTERS
RELATED THERETO. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS COLEMAN, PATE AND SMITH
NAYS: NONE
ABSTAIN: MAYOR PRO TEM WRIGHT
MOTION PASSED
Ordinance 09 - 070
2. Consider approving a resolution to provide for the reimbursement of costs incurred prior to
issuance of Certificates of Obligation or other tax exempt obligations.
Administration recommended approval.
A resolution allowing for the reimbursement of costs is routine and will allow the City to
continue projects that are currently underway. It is the intent of the City to reimburse itself out
of proceeds of the obligations for all such costs which are paid prior to issuance. These costs
shall include fees paid for engineering and other professional services, expenditures for
materials, and construction costs.
All debt and related expenses shall be incurred by the Debt Service Fund which is supported
by property taxes.
Councilmember Pate made a motion to APPROVE A RESOLUTION CONCERNING CERTIFICATES
OF OBLIGATION, SERIES 2009, AND OFFICIAL INTENT TO USE PROCEEDS THEREFROM TO
REIMBURSE THE CITY FOR ORIGINAL EXPENDITURES PAID PRIOR TO THE ISSUE DATE OF SUCH
CERTIFICATES ON PROJECTS TO BE FINANCED THEREBY. Councilmember Smith seconded the
motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
PATE AND SMITH
NAYS: NONE
MOTION PASSED
Minutes-December 1.2009
Page 3 of 7
Resolution 09 - 358
3. Consider approving the purchase of Heating, Ventilating, and Air Conditioning (HVAC)
automation controls for use in various city facilities.
Administration recommended the purchase and installation of HVAC automation controls for
seven (7) City-owned facilities in the amount of $688,000 from Automated Logic United
Environmental Services of Beaumont.
Previously, Council approved the application and acceptance of a grant through the Energy
Efficiency and Conservation Block Grant(EECBG)Program. The EECBG Program,funded
by the American Recovery and Reinvestment Act of 2009.
A portion of the grant funding will be used to install HVAC automation controls in the Civic
Center, City Hall, Police Building, Julie Rogers Theatre, Tyrrell Historical Library, Municipal
Court and the Main Library. The HVAC units in these buildings run 24 hours a day, seven (7)
days a week to maintain a constant temperature and humidity control.
Automated Logic will provide all engineering, materials, and laborfor a turnkey installation of
controls that will enable the City's existing HVAC equipment to run more efficiently.
The$688,000 required for the purchase and installation of the HVAC automation controls is
available from the EECBG grant which requires no matching funds.
Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE AND INSTALLATION OF HEATING,
VENTILATING, AND AIR CONDITIONING (HVAC) AUTOMATION CONTROLS IN THE AMOUNT OF
$68,000 FROM AUTOMATED LOGIC UNITED ENVIRONMENTAL SERVICES OF BEAUMONT, TEXAS
MULTIPLE AWARD SCHEDULE(TXMAS)CONTRACT FOR INSTALLATION IN THE CIVIC CENTER,CITY
HALL, POLICE BUILDING, JULIE ROGERS THEATRE, TYRRELL HISTORICAL LIBRARY, MUNICIPAL
COURT AND THE MAIN LIBRARY. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 359
4. Consider approving a contract for the purchase of asphaltic concrete for use by the Streets
and Drainage Division.
Administration recommended the award of a six(6)month contract to APAC-Texas, Inc., of
Beaumont, with an estimated total expenditure of $626,065.
Minutes-December 1,2009
Page 4 of 7
Cold laid asphaltic concrete is used for repairing potholes and small sections of street,while
hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that
approximately 9,600 tons of hot laid asphaltic concrete and 700 tons of cold laid asphaltic
concrete will be used during the term of the contract.
Funds for the cold laid concrete are available in the Public Works operating budget. Funds
are available in the Capital Program for the hot laid concrete which is used for street
rehabilitation.
COuncllmember Coleman made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY APCA-TEXAS, INC., FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS
DEPARTMENT, STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $664.465 BE
ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
PATE AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 360
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - ANNOUNCED THAT THE GIRLS U AGE 11 - 14 DIVISIONS
THREE EASTERN DISTRICT SOCCER CHAMPIONSHIP WILL BE
HELD ON SATURDAY AND SUNDAY, NEXT WEEK IS THE
STATE CHAMPIONSHIP FOR THE BOYS U AGES 12 - 19 AT
THE CHRIS QUINN SOCCER FIELD
COUNCILMEMBER BEAULIEU - ABSENT
MAYOR PRO TEM WRIGHT - THANKED THE PARADE PLANNERS FOR THE CHRISTMAS
ACTIVITIES,CONDOLENCES TO THE WILLIAM AND BECKETT
FAMILIES, CONGRATULATED HER SON AND LOVELY BRIDE
MARCIA ON THEIR MARRIAGE THIS PAST WEEKEND IN SAINT
CROIX
COUNCILMEMBER PATE - COMMENTED ON A GREAT JOB THAT CAROLYN CHANEY,
WASHINGTON LOBBYIST AND CHRIS GIGLIO DO FOR THE
CITY OF BEAUMONT, ENCOURAGED EVERYONE TO COME
FOR THE TREE LIGHTING AND ALL OF THE CHRISTMAS
FESTIVITIES, ALSO KEEP IN MIND THAT WHILE WE ARE
CELEBRATING CHRISTMAS THERE IS NATIONAL GUARD UNIT
THAT IS GOING TO BE MOBILIZED TO GO TO IRAQ
Minutes-December 1 200
Page 5 of 7
COUNCILMEMBER SAMUEL - ABSENT
COUNCILMEMBER SMITH- LOOK FORWARD TO SEEING EVERYONE AT THE CHRISTMAS
FESTIVITIES ON THIS WEEKEND
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - ENCOURAGED EVERYONE TO COME OUT AND ENJOY THE
CHRISTMAS FESTIVITIES OVER THE WEEKEND, AGAIN
WELCOMED CAROLYN CHANEYAND CHRISTOPHER GIGILO
TO BEAUMONT
Public Comments (Persons are limited to three minutes)
Richard Mathews 2515 Wescalder Beaumont TX
Spoke on behalf of his nephew James Mathews Jr., requested that Council consider
reinstating his nephew back to the City of Beaumont Fire Department
Melvin J. Cargile 17442 Old Sour Lake Rd. Beaumont TX
Inquired as to the process that the City receives bids for construction jobs, asked why local
contractors are having a hard time getting work locally
Louise Hebert 5390 Gzil Dr. Beaumont TX
Represented Mr. Mathews in the arbitration, described the issues that occurred during the
arbitration and the rulings in Mr. Mathews favor, stated that the arbitrators ruling is a binding
order, asked that Council use good judgement and reinstate Mr. Mathews to his job
Doyle Vandewater 5340 Walden Rd. Beaumont TX
Commented on Mr. Mathews and his serving under him, spoke of his integrity and feels that
the City has done an injustice to Mr. Mathews and the citizens of Beaumont, also asked
Council if there were any way to get the matter out of a closed Executive Session
Gaylen Key 1305 Candlestick Circle Beaumont TX
Asked that Council get a copy of the arbitrators order and read pages 21 through 27 when
making a decision regarding James Mathews
Open session of meeting recessed at 2:15 p.m.
Minutes-December 1.2009
Page 6 of 7
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
In Re: City of Beaumont, Texas, and Local 399, AAA Case
No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr.
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
'nno 1 1
Af
Beck y A e , Mayor ` 111
Tina Broussard, City Clerk 0,111 :AV
Minutes-December 1 200
Page 7 of 7