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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