HomeMy WebLinkAboutMIN OCT 04 2011 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrol Wright,At-Large
Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward 11
Audwin Samuel,Ward III October 4,2011 Jamie Smith, Mayor Pro Tom
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 4,2011, 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.
Pastor Wanda Johnson of the Love and Compassion Ministry Church gave the invocation. Mayor
Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Smith, Councilmembers Coleman,
Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
"Disability Employment Awareness Month" - October, 2011 - Proclamation read by
Mayor Pro Tern Smith; accepted by Janna Fulbright with Spindletop Center (formerly
Spindletop Mental Health, Mental Retardation)
"National Arts and Humanities Month" — October, 2011 — Proclamation read by
Councilmember Samuel; accepted by Sue Bard, Executive Director,Southeast Texas Arts
Council
"Fire Prevention Week" — October 9 — 15, 2011 — Proclamation read by Mayor Ames;
accepted by Captain Brad Pennison, Public Information Officer with Beaumont Fire Rescue
Services; Carol Gary spoke on the dedication of the 9-11 Firefighter Memorial and the Fire
Prevention and Family Safety Festival on Saturday, October 8, 2011; Carolyn Howard,
Executive Director of Beaumont Main Street spoke about DOGtober Fest in conjunction
with the Fire Department activities
Minutes—October 4,2011
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
Jude Paredez 10620 Gage Road Beaumont, TX
Spoke in regards to Consent Agenda Item A; Ratifying a Pooling Letter Agreement with
Cimarex Energy Co.; suggested that the City pay off debts rather than beginning a new
project with the funds associated with this agreement
CONSENT AGENDA
Approval of minutes - September 27, 2011
Confirmation of committee appointments — Resolution 11 —287
Jane Parker would be appointed to the Small Business Revolving Loan Fund Board. The term
would commence October 4, 2011 and expire October 3, 2013. (Councilmember Alan B.
Coleman)
A. Approve a resolution ratifying a Pooling Letter Agreement with Cimarex Energy Co. —
Resolution 11 - 288
B. Approve contracts for the purchase of asphalts, oils and emulsions for use by the Public
Works Department— Resolution 11 -289
C. Approve a resolution nominating C.L. Sherman to the Board of Directors of the Jefferson
County Appraisal District—Resolution 11 -290
D. Authorize the acquisition of property located at 5768 Concord Road for the Concord Road
Pavement Widening Project— Resolution 11 -291
E. Authorize the acquisition of a Sidewalk Easement for the Concord Road Pavement
Widening Project— Resolution 11 -292
F. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at
7870 Highway 105 — Resolution 11 -293
Councilmember Pate made a motion to approve the Consent Agenda. Councilmember
Coleman seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMSERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Minutes—October 4,2011
1. Consider approving a contract for maintenance and repair of City sprinkler and irrigation
systems.
Administration recommended the award of a contract to Olguin Brothers Landscaping, of
Beaumont, in the estimated amount of$120,000.
There are, at this time, thirty-eight (38) City-owned properties that utilize sprinkler and/or
irrigation systems. Recently enacted state regulations require these systems be installed
and maintained by state licensed personnel. There are no City personnel who are qualified
and licensed to perform this work.
Funds are available for this expenditure in the operating budgets of Public Works, Parks&
Recreation, Henry Homberg Golf Course, and the CVB.
COuncilmember Coleman moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
OLGUIN BROTHERS LANDSCAPING,OF BEAUMONT,TEXAS,IN THE ESTIMATED AMOUNT OF$120,000
FOR MAINTENANCE AND REPAIR OF CITY SPRINKLER AND IRRIGATION SYSTEMS BE ACCEPTED BY
THE CITY OF BEAUMONT. Mayor Pro Tern Smith seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 - 294
2. Consider approving an annual contract for the purchase of lime slurry for use by the
Streets and Drainage Division.
Administration recommended the award of a contract to LaHoist Forth American, Inc., of
LaPorte, Texas in the estimated amount of$97,200.
Bids were requested for an annual contract to provide lime slurry to be used by the Streets
and Drainage Division. Lime slurry is used, in liquid form, to stabilize soil in road
construction.
Funds are available in the Public Works Department, Streets and Drainage Division's
operating budget.
Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
LAHOIST NORTH AMERICAN, INC., OF LAPORT, TEXAS, FOR AN ANNUAL CONTRACT FOR THE
PURCHASE OF LIME SLURRY FOR USE BY THE PUBLIC WORKS DEPARTMENT, STREETS AND
DRAINAGE DIVISION, IN THE AMOUNT OF$162 PER TON FOR AN ESTIMATED COST OF$97,200 BE
ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
Minutes—October 4,2011
NAYS: NONE
MOTION PASSED
Resolution 11 -295
3. Consider approving an annual maintenance agreement with SunGard Public Sector
software support.
Administration recommended payment of an invoice to SunGard Public Sector for the
renewal of an annual maintenance agreement for software support in the amount of
$87,105.
SunGard Public Sector is used by various City departments. This purchase is exempt from
competitive bidding since it is available from only one (1)source having exclusive rights to
modify and maintain the software. The software maintenance agreement provides for
unlimited telephone support and up to three (3) software updates during the annual term.
This agreement is for an annual period beginning October 1, 2011.
Funding is budgeted for fiscal year 2012 from the General Fund, Municipal Court
Technology Fund and the Water Fund.
Councilmember Getz made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,
AND HE IS HEREBY, AUTHORIZED TO PAY AN INVOICE IN THE AMOUNT OF $87,105 TO SUNGARD
PUBLIC SECTOR FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR SOFTWARE
SUPPORT BEGINNING OCTOBER 1, 2011. Councilmember Wright seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 11 -296
4. Consider granting a new solid waste collection and transportation service franchise to
Enviro Waste Solutions (EWS) — Second Reading
Administration recommended granting a solid waste collection and transportation service
franchise to Enviro Waste Solutions (EWS).
According to City Ordinance 22.05.101, no person shall engage in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first
having obtained a franchise from the City. Five (5) entities currently have nonexclusive
franchise agreements with the City and are doing business in this area. EWS has
requested that the City Council grant the company such franchise agreement. EWS is
locally owned and operated with its corporate office located at 2300 Hwy 365 in Nederland.
Minutes—October 4,2011
The requested franchise is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of
seven percent (7%) of gross revenues received for service. It also requires the entity to
indemnify the City of Beaumont and provide insurance which names the City of Beaumont
as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading. The
ordinance does not take effect until sixty(60)days after its adoption on the third and final
reading. After passage,the ordinance must be published for four(4)consecutive weeks in
a newspaper of general circulation in the city. All publication costs are paid by franchisee.
This is the second reading of the franchise ordinance.
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
COuncilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO
ENVIRO WASTE SOLUTIONS (EWS). Councilmember Smith seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 11 — 071
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - COMMENTED ON WHAT A GREAT DAY IT WAS FOR THE GIFT
OF LIFE 5K RUN/WALK,THANKED REGINA ROGERS AND THE
GIFT OF LIFE, REMINDED EVERYONE ABOUT DOGTOBER
FEST AND FIRE PREVENTION WEEK FESTIVITIES ON
SATURDAY, OCTOBER 8, 2011, PROMOTED THE TAKING
STRIDES FOR BREAST CANCER WALK TO BE HELD ON
OCTOBER 29, 2011, THANKED THE MANY CORPORATE
SPONSERS THAT HAVE GOTTEN INVOLVED, EXTENDED HIS
SYMPATHIES TO THE FAMILY OF CITY CLERK TINA
BROUSSARD ON THE LOSS OF HER BROTHER
COUNCILMEMBER GETZ- ANNOUNCED THAT WARD II WILL BE HOSTING A QUESTION
AND ANSWER SESSION WITH MEMBERS OF THE CITY STAFF
AND BISD REPRESENTATIVES ON OCTOBER 17, 2011 AT
6:30 PM AT ROGERS PARK, INVITED COUNCIL AND ALL OF
THE COMMUNITY TO ATTEND
Minutes—October 4,2011
COUNCILMEMBER WRIGHT- STATED THAT THE GIFT OF LIFE 5K RUNIWALK WAS TRULY
A REMARKABLE EVENT, MENTIONED THAT CLAUDIE
HAWKINS, EVENT FACILITIES DIRECTOR,WAS RECOGNIZED
FOR ALL THE WORK SHE DOES BEHIND THE SCENES,
COMMENTED THAT THE AMERICAN LEGION HAD THEIR
QUARTERLY CONVENTION, WAS IMPRESSED BY ALL THE
MEMBERS IN ATTENDANCE AND AT THEIR DEDICATION TO
GOD, COUNTRY AND FAMILY, PRAISED THE WOMEN IN THE
CITY OF BEAUMONT WHO HAVE MADE SUCH A DIFFERENCE
THAT WERE FEATURED IN VIP MAGAZINE, WISHED .JERRY
JORDAN OF THE EXAMINER A HAPPY BIRTHDAY
COUNCILMEMBER PATE - EXPRESSED CONDOLENCES TO CITY CLERK TINA
BROUSSARD ON THE LOSS OF HER BROTHER, STATED HIS
APPRECIATION FOR CLAUDIE HAWKINS ON THE FINE JOB
THAT SHE DOES, COMPLIMENTED GIFT OF LIFE ON WHAT A
PHENOMENAL JOB THEY DID AND HOW GREAT TONY
ORLANDO WAS,ENCOURAGED EVERYONE TO COME OUT AND
OBSERVE FIRE PREVENTION WEEK AND DOGTOBER FEST
AND TO ATTEND THE LAMAR UNIVERSITY FOOTBALL GAME
LATER IN THE EVENING ON SATURDAY
COUNCILMEMBER SAMUEL- CONDOLENCES AND PRAYERS TO CITY CLERK TINA
BROUSSARD AND HER FAMILY
MAYOR PRO TEM SMITH - COMMENTED ON HAVING A GREAT TIME AT YOUNG MEN OF
DISTINCTION AT CENTRAL HIGH SCHOOL,IMPRESSED WITH
THE INTERESTING QUESTIONS ASKED BY THE YOUTHS AND
ENCOURAGES GETTING THEM INVOLVED IN LOCAL
GOVERNMENT, STATED THAT THE PEAR ORCHARD/WEST
OAKLAND NEIGHBORHOOD ASSOCIATION HAD THEIR
MEETING LAST WEEK AND WILL BE MEETING THE SECOND
THURSDAY OF EACH MONTH AT 6:00 P.M., AT THE L.L.
MELTON FAMILY LIFE CENTER, LOOKING FORWARD TO
BEING A DOGTOBER FEST JUDGE IN THE CUTEST DOG
COMPETITION, ANNOUNCED THAT WEST TABERNACLE
CHURCH WILL BE HAVING A HEALTH FAIR ON SATURDAY,
OCTOBER 8, 2011 FROM 9:00 A.M. TO 2:00 P.M.,
EXPRESSED HIS CONDOLENCES TO CITY CLERK TINA
BROUSSARD,THE LEDAY AND.JACKSON FAMILIES ON THEIR
RESPECTIVE LOSSES
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - STATED THAT THIS COMING SATURDAY SHOULD BE AS
BEAUTIFUL AS THE LAST, THERE WERE TWO THOUSAND
PEOPLE SIGNED UP FOR THE GIFT OF LIFE 5K RUN/WALK
AND HOPES THAT A LOT OF MONEY WAS RAISED BECAUSE
Minutes-October 4,2011
THEY DO AN EXCELLENT JOB IN THE COMMUNITY,THANKED
THE COMPANY SPONSERS THAT CONTRIBUTED, IMPRESSED
WITH HOW OPEN AND WARM TONY ORLANDO WAS,
ENCOURAGED EVERYONE TO COME OUT THIS SATURDAY FOR
DOGTOBER FEST AND FIRE PREVENTION WEEK FESTIVITIES
AND TO SEE THE ETERNAL FLAME OF THE 9-11 MEMORIAL,
THOUGHTS AND PRAYERS TO CITY CLERK TINA BROUSSARD
Public Comments (Persons are limited to three minutes)
Carol Riley 255 College (BPD) Beaumont TX
Reminded everyone that from 6:00 p.m. to 9:00 p.m., at Parkdale Mall, representatives of
Beaumont Police Department will be informing the citizens of neighborhood associations,
Auto Theft Task Force and different things in the community; this is BPD's opportunity to
get the citizens involved
Rev. J. D. Roberts 5475 Landry Lane Beaumont TX
Thanked Councilmember Wright for her calls and her visit while he was ill, commented
on what a nice sight all the pink ribbons are for breast cancer awareness, praised
Beaumont for being a city that cares for those with cancer, including himself, expressed his
condolences to City Clerk Tina Broussard, asked if Council could possibly help with the fact
that any time we get a storm or hard rain his neighborhood loses electricity due to old
transformers, announced an event at the Compro Event Center on Thursday, October 6,
2011, honoring Councilmember Wright and City Manager Kyle Hayes for all they do in the
community
Christopher Jones 1045 Doucette Ave. Beaumont TX
Extended condolences to City Clerk Tina Broussard, thanked Water Utilities for their
speedy response to the water line breaks on Liberty and Gulf Streets, thanked Patrick
Donart, Public Works Director, for responding to the many phones calls made by himself
and others about traffic changes in Ward 111, asked that there be an official traffic director to
regulate the traffic of the 18-wheelers on Doucette Avenue and the "no truck" zones,
commented on how beautiful all the pink ribbons for breast cancer awareness are, not just
downtown but all over the city, thanked Council for all that they do
Jude Paredez 10620 Gage Rd. Beaumont TX
Invited everyone to come out to Woodland Baptist Church on East Lucas on Sundays at
10:30 a.m.,to enjoy the music provided by the new music director, asked that there be bus
services provided in Northwest Beaumont
There being no Executive Session, Council adjourned at 2:22 p.m.
Minutes—October 4,2011
Audio available upon request in the City Clerk's Office.
Becky A s Mayor
Tina Broussard, City Clerk
Minutes—Octaber 4,2011