The URL can be used to link to this page

Home My WebLink AboutMIN OCT 18 2011 M I N U T E S - CITY OF BEAUMONT W.L.Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III October 18,2011 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 18, 2011, at the City Hail.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 1-3/Consent Agenda ` Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Anjelita Dirden of Lamar University Wesley Student Center gave the invocation. Ronnie Nicholas and Big Red 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 (arrived at 2:25p.m.). Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Get Your Red On" Homecoming Celebration-October 22,2011 -Proclamation read by Mayor Ames; accepted by Jimmy Simmons, Band, Cheerleaders, Ambassadors and Big Red "National D►oamtic Violence Awareness Month-October,2011 —Proclamation read by Mayor Pro Tern Smith; accepted by Misty Craver with Rape and Suicide Crisis of Southeast Texas and Beaumont Police Department "Italian American History Month — October, 2011 — Proclamation read by Councilmember Coleman; accepted by Kathryn Hinojosa, President of the Italian American Society of Beaumont Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Kathy Holt 2309 S. Battleground Rd. LaPorte, TX anw"-October 18,2011 Spoke regarding Item #1 on the Agenda; contract for Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI, asked that Council consider the manner of which this contract is being awarded before approval Jessie Holt 905 Park Green Deer Park, TX Spoke regarding Item #1 on the Agenda; contract for Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI, explained the situation that caused Horseshoe Construction, Inc., not to receive the bid and asked that Council consider there company and not penalize them for a clerical error, assured Council they could do the job Bryan Phelps 8585 Chemical Rd. Beaumont, TX Spoke in regards to Item #1 on the Agenda; contract for Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI, asked that Council approve the item,thanked the City for the opportunity to serve the them on this project, stated that his company could do the job CONSENT AGENDA Approval of minutes - October 4, 2011 Confirmation of committee appointments — Resolution 11 — 297 Sina Nejad would be appointed as Chairman of the Planning and Zoning Commission. The term would commence October 18, 2011 and expire October 17, 2012. (Mayor Becky Ames) Marty Craig would be appointed as Vice-Chairman of the Planning and Zoning Commission. The term would commence October 18, 2011 and expire October 17, 2012. (Mayor Becky Ames) Sina Nejad would be reappointed to the Planning and Zoning Commission. The current term would expire September 19, 2014. (Councilmember Mike Getz) Lee Smith would be reappointed to the Community Development Advisory Committee. The current term would expire October 1, 2013. (Mayor Pro Tern Jamie D. Smith) A) Authorize the purchase of trash containers — Resolution 11 - 298 B) Authorize the City Manager to execute all documents necessary to accept the project titled "Step Single Year 2012 Wave Comprehensive"—Resolution 11 -299 C) Authorize the execution of two Encroachment Agreements with Sunoco Pipeline L.P. — Resolution 11 - 300 D) Approve a payment of dues to the South East Texas Regional Planning Minutes—October 18,2011 Commission — Resolution 11 - 301 E) Authorize the City Manager to enter into an agreement with the Texas Forest Service for participation in the Regional Incident Management Team program for individuals approved to participate — Resolution 11 - 302 Councilmember Pate made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract XXI. Administration recommended approval of a contract with Brystar Contracting, Inc. of Beaumont in the amount of$1,644,323.00. The contract will rehabilitate approximately 17,856 linear feet of 6-inch, 12,601 linear feet of 8-inch, and 1,335 linear feet of 10-inch sanitary sewer lines, to stabilize approximately 9 (nine) vertical feet of existing manhole, to furnish and install approximately 10 (ten) manholes, to remove and replace approximately 108 manholes, to furnish and install 16 (sixteen) end of line cleanouts, to replace approximately 581 short side and 1 (one) long side service line connections, clean and televise 31,792 linear feet of existing and newly burst sanitary sewer lines and televise approximately 582 existing sanitary sewer service lines. The project is divided among three areas. The first area is located east of Concord Road and west of Helbig Road between Picadilly Lane and Landry Lane. The second area is located along Rikisha Lane between Regina Lane and Gladys Avenue. The third area is located east of Highland Avenue and west of M.L. King Jr Parkway between Alma Street and Adams Street. The existing sewer lines built in the 1940's and 1950's have deteriorated and require major rehabilitation. The City's standard specifications require a general contractor to submit a responsive bid in which all of the requirements of the invitation to bid are fulfilled without exception or deviation. The apparent low bidder did not submit a complete bid per the bidder's instructions. The apparent 2nd lowest bidder did not meet the minimum experience requirements. Therefore, the apparent low bid and apparent 2nd lowest bid have been rejected due to noncompliance with bid specifications. Minutes—October 18,2011 Administration recommends awarding the contract to the third lowest bidder, Brystar Contracting, Inc. who meets all bid specifications. The MBE participation will be with H&E Aggregates for $190,000.00, which represents 11.55 percent of the total bid. Funds for the project are provided by the Capital Program. Mayor Pro Tern Smith moved to APPROVE A RESOLUTION THAT THE BIG SUBMITTED BY BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF$1,644,323 FOR THE SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XXI PROJECT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SMITH, COUNCILMEMBERS COLEMAN, WRIGHT AND PATE NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 11 - 303 2. Consider terminating the two current contracts for mowing privately-owned, developed and vacant property and consider awarding a new contract. Administration recommended the termination of annual contracts to South East Texas Lawn & Maintenance of Beaumont, and Perfect Cut Lawn Care of Beaumont. The Administration recommends the award of an annual contract to BIO Landscape & Maintenance of Beaumont for the estimated amount of$142,109. Privately owned, developed and vacant properties are in violation of the City's weed ordinance when uncultivated growth exceeds twelve (12) inches. Property owners are notified of the violation and given a specified time to bring the property into compliance. If property owners fail to comply with the ordinance, the City's contractor mows the property and the property owner is fined. The contract is divided into two (2) sections. Section 1 is all properties North of Gladys Street and within the City Limits. Section 2 is all properties south of Gladys Street and within the City Limits. On August 29, 2011,the contracts were accepted by both vendors. Since that date, South East Texas Lawn &Maintenance, LLC, consistently failed to meet specifications. The City extended multiple deadlines and sent four(4) letters defining the expectations in an effort to work with this vendor and accomplish the specifications as set forth in the contract. South East Texas Lawn &Maintenance did not comply with the specifications. On October 7, 2011, Southeast Texas Lawn and Maintenance submitted a letter requesting termination of the contract. It is in the best interest of the City and Contractor to accept this request. Perfect Cut Lawn Care has performed successfully since the award of their contract. On October 11, 2011, Perfect Cut Lawn Care submitted a letter requesting that their contract be terminated. They provided financial reasons for the termination of this contract. It is in Minutes—October 18,2011 the best interest of the City and Contractor to accept this request. For Section 1, 1310 Landscape & Maintenance is the next lowest qualified bidder. The square foot cost is $.0044. The estimated annual cost for Section 1 is $68,270. The square foot cost for Section 1 was$.00435 under the previous three-year contract awarded in 2008. Affordable Land.Services from Liberty was the next lowest qualified bidder for Section 2 but chose to withdraw their bid. 1310 Landscape & Maintenance is the next lowest qualified bidder with a square foot cost of $.0044. The estimated annual cost for Section 2 is $73,839. The square foot cost of the contract that was awarded for this section in 2008 was $.0046. The additional$68,839 is available for this expenditure in the Code Enforcement Division's operating budget. COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BIO LANDSCAPE&MAINTENANCE, OF BEAUMONT,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 11 — 304 Councimember Samuel arrived at 2:25 p.m. 3. Consider approving the purchase of twenty-one patrol vehicles for use by the Police Department. Administration recommended approval of the purchase from Philpott Motors of Nederland in the amount of$489,916.14. Pricing for the equipment was obtained through the Houston-Galveston Area Council. 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 purchase price of$489,916.14 includes the H- GAC administrative fee of$600. All twenty-one (21) patrol vehicles requested will replace units that are used in daily operations by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order to keep serviceable vehicles available at all times. The replaced vehicles may be disposed of according to the City's surplus property disposal polices or relocated to other divisions. Minutes—October 18,2011 The new vehicles are 2011 Ford Crown Victorias with the police package. Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The warranty service is provided by the local authorized dealership. Delivery is expected within thirty (30) days. Funds are budgeted in the Capital Reserve Fund. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO APPROVE THE PURCHASE OF TWENTY-ONE (21) PATROL VEHICLES FOR USE BY THE POLICE DEPARTMENT FROM PHILPOTT MOTORS,OF NEDERLAND,TEXAS, IN THE AMOUNT OF $489,916.14 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC) COOPERATIVE PURCHASING PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 305 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS MAYOR PRO TEM SMITH - CONGRATULATED COUNCILMEMBER GETZ ON HIS WARD 11 Q & A MEETING HELD ON MONDAY, OCTOBER 17, 2011, AT ROGERS PARK, GO BIG RED, ENCOURAGED EVERYONE TO ATTEND LAMAR'S HOMECOMING, ALSO ACKNOWLEDGE HIS SISTER IN RED WITH HER SORORITY DELTA SIGMA THETA COUNCILMEMBER SAMUEL- ASKED THAT COUNCIL CONSIDER SOME TYPE OF ETHICS POLICY REGARDING EXECUTIVE SESSION, STATED THAT IT DOES THE COUNCIL NO GOOD TO GO INTO EXECUTIVE SESSION FOR NEGOTIATIONS AND BEFORE THE MEETING IS ADJOURNED THE PERSON OR PERSONS THAT THEY ARE NEGOTIATING ABOUT KNOWS THE OUTCOME OF THE NEGOTIATIONS BEFORE THE SESSION HAS ADJOURNED,ASK THAT THIS BE DISCUSSED IN AN OPEN SESSION AND HAVE IT POSTED COUNCILMEMBER PATE- ACKNOWLEDGE THE FRATERNITY ALPHA PHI ALPHA, 21 YEARS AGO THEY STARTED A PROGRAM TO RAISE FUNDS FOR A MONUMENT FOR DR. MARTIN LUTHER KING, A VERY MAGNIFICENT STRUCTURE WAS UNVEILED IN WASHINGTON, DC,OF DR.KING,COMMENTED ON THE HOMECOMING GAME FOR LAMAR UNIVERSITY, ENCOURAGED EVERYONE TO ATTEND THE GAME, ALSO SPOKE ON THE LOSS OF PAPPY Minutes—October 18,2011 DRENNAN AND A FORMER BEAUMONT POLICE OFFICER WESLEY JONES COUNCILMEMBER WRIGHT - OFFERED CONDOLENCES TO COUNCILMEMBER COLEMAN ON THE LOSS OF HIS UNCLE, EXPRESSED PRAYERS TO THE FAMILY OF MATT THOMAS WHO LOST HIS LIFE IN VIDOR, HAPPY TO BE A REPRESENTATIVE FOR THE CITY OF BEAUMONT, STATED THAT CITIZENS CAN CALL CITY HALL AND LEAVE A MESSAGE FOR HER, SHE WILL RETURN ANY PHONE MESSAGES,STATED SHE IS CONCERNED ABOUT THE CITY AND THE CITIZENS OF BEAUMONT COUNCILMEMBER GETZ- THANKED CITY STAFF AND DEPARTMENT HEADS FOR COMING OUT TO ROGERS PARK FOR THE Q&A FOR WARD II,HAD A LOT OF POSITIVE FEEDBACK IN REGARDS TO THE MEETING COUNCILMEMBER COLEMAN - ASKED FOR PRAYERS FOR THE DOMINGUEZ FAMILY ON THE PASSING OF HIS UNCLE, CESAR DOMINGUEZ,WHO SERVED AS THE CITY MANAGER FOR THE CITY OF SILSBEE FOR TWO DECADES, ASKED THAT EVERYONE CONTINUE TO PRAY FOR PAM BESSER, ASSOCIATE PASTOR AT WESLEY UNITED METHODIST CHURCH,ENCOURAGED EVERYONE TO ATTEND LAMAR UNIVERSITY'S HOMECOMING ON SATURDAY,AT 3:00 P.M. CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - GAVE CONDOLENCES TO COUNCILMEM13ER COLEMAN AND HIS FAMILY ON THE PASSING OF HIS UNCLE, CESAR DOMINGUEZ, CONGRATULATED COUNCILMEMBER PATE, WHO HAS BEEN ELECTED AS THE REGION 16 PRESIDENT FOR (TML)TEXAS MUNICIPAL LEAGUE Public Comments (Persons are limited to three minutes) Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX Commented on the street lights that are out on Landry Lane and Margo, also commented on what Councilmembers are elected to do and what their jobs are, stated they need to work as a unit and a team to represent the City of Beaumont Veronica Matthews P.O. Box 20599 Beaumont TX Stated she is the President of the Beaumont Alumnae Chapter for Delta Sigma Theta Sorority, Inc., which was founded in Washington, D.C. about 98 years ago, Ms. Matthews stated that their Sorority is representing over 250,000 members and over 1,000 Chapters Minutes—October 18,2011 Gwen Ambres 4615 Prairie St. Beaumont TX Commented on Delta Days that will take place in Washington, D.C., stated that Delta Sigma Theta Sorority is a public service sorority, they often take the causes that are right, they speak and try to give a voice to those that have none, they do a lot of work at the homeless shelter Henry's Place under the umbrella of Some Other Place Bruce Hoffer 2535 North St. Beaumont TX Commented on the Calder St. Rehab Sewer Project, stated that soccer is alive and well, there will be games played over the weekend Open session of meeting recessed at 2:53 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of John E. Boggs There being no action taken in Executive Session, Council adjourned. Aqqio available Don request in the City Clerk's Office. ecky Ame Mayor t3 Tin Broussard, City Clerk Minutes—October 18,2011