HomeMy WebLinkAboutMIN JUN 15 2010 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 June 15, 2010 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 June 15,2010 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 1-6/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Councilmember Samuel gave the invocation. Mayor Pro Tern Wright led the Pledge of Allegiance.
Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman,
Beaulieu, Pate, Samuel and Smith. 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 1-6/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - June 08, 2010
Confirmation of committee appointments - None
A) Authorize the purchase of a fifteen foot Utility Easement from the Beaumont Independent
School District - Resolution 10 - 155
Minutes-June 15,2010
B) Authorize the execution of a License to Encroach Agreement with Entergy for the installation
of a power line into a City of Beaumont water line easement - Resolution 10 - 156
C) Approve a resolution approving Change Order No. 1 and final payment for the Magnolia
Avenue Drainage and Pavement Improvement Project - Resolution 10 - 157
D) Authorize the settlement of the City of Beaumont's property damage claim in the lawsuit styled
Jay Brocato and wife, Valerie Brocato, Individually and as Next Friends of Macy Brocato, a
Minor v. The City of Beaumont, Texas - Resolution 10 - 158
E) Approve a contract for emergency catering services in the event of a natural disaster or all-
hazards disaster - Resolution 10 - 159
F) Approve a six month contract for liquid chlorine for use by the Water Utilities Department-
Resolution 10 - 160
Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tern
Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving the City of Beaumont Investment Policy.
Administration recommended requests a review of the City of Beaumont Investment Policy
and approval.
State law mandates the City Council review the Investment Policy and approve modifications,
if any, to the policy on an annual basis.
In April 2009, the City Council approved entering into an agreement with Valley View
Consulting, LLC,for investment management services. As part of the contract, Valley View
consultants have performed an annual review of the City's investment policy and have
recommended modifications to it. Susan Anderson, with Valley Consulting discussed the
revision with Council. The recommended revisions, mostly clarifying in nature, are highlighted
in the attached policy. The Investment Policy was last amended on June 16, 2009.
Page 2 of 9 Minutes-June 15,2010
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT
INVESTMENT POLICY HAS BEEN REVIEWED AND IS HEREBY IN ALL THINGS ADOPTED.ALL CHANGES
TO THE POLICY ARE REFLECTED THEREIN. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 161
2. Agenda Item Consider authorizing an interlocal agreement with the City of Pearland,Texas
for the purchase of a remittance processing system.
Administration recommended the authorization of an interlocal purchasing agreement with the
City of Pearland in order to award a contract to ProfitStars of Allen, Texas for the purchase
of a remittance processing system.
The City of Pearland, in compliance with bidding requirements of the State of Texas, has
awarded a contract for the purchase of a remittance processing system to ProfitStars.
Chapter 791 of the Texas Government Code permits the extension of the contract to other
government entities by means of a joint interlocal purchasing agreement between the
governmental entities.
The City has been notified by the vendor that the remittance processing system,software and
hardware, currently in use by the City's Cash Management Division is about to become
obsolete. This interlocal agreement will facilitate the City's purchase of a new remittance
system from ProfitStars at an already competitively bid price of$36,295.
Mayor Pro Tern Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL PURCHASING AGREEMENT WITH
THE CITY OF PEARLAND, TEXAS, WHICH WOULD ALLOW PARTICIPATION IN A CONTRACT WITH
PROFITSTARS OF ALLEN, TEXAS, FOR THE PURCHASE OF A REMITTANCE PROCESSING SYSTEM
FOR USE BY THE CASH MANAGEMENT DIVISION. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 162
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Page 3 of 9 Minutes-June 15,2010
3. Agenda Item Consider approving a contract for asphaltic concrete to be used by the Public
Works Department.
Administration recommended the award of a six(6)month contract to APAC-Texas, Inc., of
Beaumont, with an estimated total expenditure of$628,465.
Bids were requested for a six (6) month contract for asphaltic concrete to be used by the
Public Works Department, Streets and Drainage Division. 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.
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.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED
BY APAC-TEXAS, INC., FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC
CONCRETE FOR THE PUBLIC WORKS DEPARTMENT AND STREETS, DRAINAGE DIVISION, IN THE
ESTIMATED AMOUNT OF $628,465 IN THE UNIT AMOUNTS SHOWN ABOVE BE ACCEPTED BY THE
CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 163
4. Consider amending Chapter 10, Section 10-3(a)of the City Code of Ordinances regarding
Fire Service Fees.
Administration recommended Council amend Chapter 10, Section 10-3(a), of the Code of
Ordinances, to clarify the expenditures that may be billed for reimbursement when City
Departments respond to a hazardous material incident.
The purpose of this section is to reclaim the direct costs incurred by the City as a result of the
Fire Department's response and cleanup of hazardous material incidents. As it is written,the
language does not address the direct costs incurred by the other city departments who
respond to the same incidents. For example, most responses require services supplied by
Police, Public Works and/or Emergency Medical Services.
Amendment to the ordinance will allow reimbursement of all expenditures incurred in response
to a hazardous material incident.
Page 4 of 9 Minutes-June 15,2010
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 10,SUBSECTION 10-3(A)TO CLARIFY EXPENDITURES THAT MAY BE BILLED
FOR REIMBURSEMENT IN RESPONSE TO HAZARDOUS MATERIAL INCIDENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY.Councilmember Samuel
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 042
5. Consider amending Section 13-16 of the Code of Ordinances establishing health fees.
Administration recommended Council amend Chapter 13, Section 13-16, of the Code of
Ordinances, to reflect the name change to "Animal Services, " to separate fees for animal
services from general health fees,to increase various animal services fees, and to add a fee
for surrendering a dog or cat.
During FY 2009,the Police Department began management of the Animal Control Division.
Under the Department's Supervision, the name of the division has been changed to Animal
Services.
In addition, Section 13-16 governs all health fees for the City of Beaumont which includes
those charged by the Beaumont Health Department and those charged by the Animal
Services Division. The listing of fees within the ordinance includes both types of fees in no
particular order. For clarification purposes, the animal services fees should be combined
together at the end of the list of general health fees with a subheading of"Animal Services
Fees."
The City Staff has been conducting a city-wide fee review. Animal services fees were last
amended in January 2000.
The total increase in revenue generated by the higher animal services fees is approximately
$20,000 on an annual basis. The proposed fees attempt to cover increased operating costs
and be in line with cities offering comparable services.
Page 5 of 9 Minutes-June 15,2010
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 13, SECTION 13-16 TO CHANGE OR ADD VARIOUS HEALTH FEES AND TO
REFLECT A NAME CHANGE FROM "ANIMAL CONTROL" TO "ANIMAL SERVICES;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 043
6. Consider amending Chapter 20, Article II, Section 20-21 of the Code of Ordinances
establishing rental rates for city-owned event facilities.
Administration recommended Council amend Chapter 20, Section 20-21, of the Code of
Ordinances, to increase various rental rates for event facilities.
The City Staff has been conducting a city-wide fee review. The goal of the fee review has
been to align the City's rates with rates of other cities with comparable programs and services
and to minimize the City's subsidy of programs and services, where possible. Rental rates
for event facilities were last updated December 9,2003,while the rates for community centers
were updated in 2007,2008, and 2009,as the new community centers became available for
renting. On June 8,2010, a work session was held to discuss the proposed new rates for the
Civic Center,the Julie Rogers Theatre,the Jefferson Theatre,the new Event Center, Riverfront
Park, After Midnight fees, and Community Centers.
The total increase in revenue generated by increasing rental rates is approximately$150,000,
in aggregate, on an annual basis.
Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 20, ARTICLE II, SECTION 20-21; ESTABLISHING RENTAL RATES FOR THE
EVENT CENTER; PROVIDING FOR AN INCREASE IN RENTAL RATES; PROVIDING FOR TECHNICAL
CLARIFICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A
PENALTY;AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
Page 6 of 9 Minutes-June 15,2010
NAYS: NONE
MOTION PASSED
Ordinance 10 - 044
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - THANKED EVERYONE FOR THEIR PRAYERS AND CARDS, AS
WELL AS THE NURSES ON 2 EAST FOR THEIR SPECIAL CARE
GIVEN TO HIS WIFE, JULIE, WHO IS RECOVERING FROM
SURGERY
COUNCILMEMBER BEAULIEU - NONE
MAYOR PRO TEM WRIGHT- CONGRATULATED THE HEBERT ALUMNI ASSOCIATION,WHO
IS CELEBRATING THEIR MASS REUNION THIS COMING
WEEKEND, HOPES THAT EVERYONE HAS A GOOD TIME
COUNCILMEMBER PATE - COMPLIMENTED CLAUDIE HAWKINS AND STAFF FOR THE
GREAT JOB THEY DID AT THE CIVIC CENTER FOR THE
CHRISTUS GAYLA, AS WELL AS JIMMIE SIMMONS FOR
BEING RECOGNIZED FOR ALL THE GREAT THINGS HE DOES,
THANKED DEAN CONWELL FOR A TERRIFIC JOB AND ALL
THE WORK HE DID ON THE BABE ZAHARIAs FOUNDATION
GOLF TOURNAMENT,COMMENTED ON THE TRACK STAR AT
LAMAR UNIVERSITY WHO MADE ALL AMERICAN
COUNCILMEMBER SAMUEL - CONGRATULATED BILLY TUBBS AND COACH TIDEWELL
FOR ALL THAT THEY DO AT LAMAR UNIVERSITY,ASKED THE
CITY MANAGER FOR A REPORT FROM THE POLICE
DEPARTMENT REGARDING THE IMPACT THAT IS TAKING
PLACE AS A RESULT OF ELIMINATING THE HOUSING
AUTHORITY DIVISION, CONCERNED ABOUT WHAT's GOING
ON OUTSIDE OF THE HOUSING AUTHORITY COMPLEX AS
WELL AS WHO AND WHAT IS GOING INSIDE, ALSO ACROSS
FROM THE HOUSING AUTHORITY COMPLEX ON GILL STREET
THERE ARE SEVERAL DILAPIDATED STRUCTURES THATARE
Page 7 of 9 Minutes-June 15,2010
CAUSING SOME PROBLEMS SUCH AS PROSTITUTION AND
DRUGS, ON THE CORNER OF HARDING DRIVE AND LUCAS
THERE IS AN OBSTRUCTION BY TREES MAKING IT DIFFICULT
TO SEE ONCOMING TRAFFIC,ALSO STEVE DRIVE WHICH IS
A PRIVATE STREET IS IN DEPLORABLE CONDITIONS, WOULD
LIKE TO SEE WHAT CAN BE DONE TO PROVIDE THE CITIZENS
SOME RELIEF BY REPAIRING THE STREET
COUNCILMEMBER SMITH - ANNOUNCED THAT THE TYRRELL PARK NEIGHBORHOOD
ASSOCIATION WOULD BE MEETING ON THURSDAY,JUNE 17,
2010, AT 6:30 P.M., AT THEODORE JOHNS LIBRARY,
INVITED EVERYONE TO ATTEND THE JUNETEENTH
CELEBRATION,SATURDAY,JUNE 19,2010,FROM 2:00 P.M.
TO 10:00 P.M.
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Public Comments (Persons are limited to three minutes)
None
Open session of meeting recessed at 1:56 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Claim of Freddy and Lisa Nolan
Lewallen v. City of Beaumont
Page 8 of 9 Minutes-June 15,2010
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
P t
Becky A s, Mayor
iw
Tina Broussard, City Clerk
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Page 9 of 9 Minutes-June 15,2010