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HomeMy WebLinkAboutMIN JUN 19 2012 M I N U T E S - CITY OF BEAUIONT 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 June 19,2012 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 June 19, 2012, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:34 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 1:34 p.m. Pastor Karen S. Dorris of First United Methodist 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 (arrived at 1:45 p.m.). 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 1-4/Consent Agenda. None CONSENT AGENDA * Approval of minutes - June 12, 2012 * Confirmation of committee appointments - None A) Approve an annual contract for the purchase of firefighter protective clothing—Resolution 12 - 132 B) Authorize the Mayor to receive funding through the Interoperable Emergency Communications Grant Program and enter into a memorandum of understanding with the South East Texas Regional Planning Commission to facilitate expenditure of the grant funding - Resolution 12 - 133 Minutes—June 19,2012 Councilmember Wright 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 a resolution accepting the Calder Avenue Drainage and Pavement Improvement Project — Phase III, approving a change order decreasing the project amount and approving final payment. On June 29, 2010, City Council awarded Reytec Construction Resource, Inc. the contract for the Calder Avenue Drainage and Pavement Improvement Project - Phase III in the amount of $9,879,522.15. There were (5) five previous change orders resulting in a cumulative decrease of ($14,773.93). Change Order No. 6 & Final in the amount of ($86,055.55) is required to adjust the quantities actually used during the performance of the project, decreasing the contract amount to $9,778,692.67. The project has been inspected and completed in accordance with the Terms and Conditions set out in the contract documents and we recommend final payment to Reytec Construction Resources, Inc. in the amount of$500,385.07. The MBE goal achieved as Reytec Construction Resources, Inc. is a MBE contractor. A copy of the schedule identifying the contractor as MBE is attached. Funds are available through the Capital Program. Approval of the resolution. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF$500,385.07 TO REYTEC CONSTRUCTION RESOURCES, INC. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 12 - 134 Minutes—June 19,2012 2. Consider a resolution approving an annual contract for painting and related services for use by the Building Services Division. Bids were requested for an annual contract to provide painting and related services for use by the Building Services Division. The contract will provide for the commercial grade painting requirements of all City facilities. Five (5) vendors were notified and four (4) responses were received. Specifications requested hourly labor rates for painters and helpers together with percentage markup for materials and equipment rentals. Bids were evaluated on a total annual cost based upon estimated labor hours for each skill category and condition. Low bid was received from DAMA Ace Construction Management, LLC, of Beaumont at $131,250. This bid was rejected due to the failure to provide references to support any significant commercial painting experience as its primary business function. Next low bid was from BRC Painting, Inc., at$131,300. BRC Painting, Inc., is a commercial painting contractor and has previously performed satisfactorily on City work. General Fund. Approval of resolution. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRC PAINTING, INC. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ, WRIGHT AND PATE NAYS: NONE MOTION PASSED Resolution 12 — 135 Counclimember Samuel arrived at 1:45 p.m. 3. Consider a resolution authorizing the City Manager to submit an application and enter into a contract with Texas Department of Transportation for a Congestion Mitigation and Air Quality grant for the purchase of three new buses for the Beaumont Municipal Transit System. City staff and Beaumont Municipal Transit (BMT) have prepared a grant application for $1,500,000 in Congestion Mitigation and Air Quality (CMAQ) funds to replace three (3) older diesel buses with three(3) new compressed natural gas(CNG)buses. The purpose of this grant is to fund projects that will reduce vehicle-related emissions. Currently, Beaumont Municipal Transit operates fifteen (15) CNG buses, funded from a prior CMAQ grant. By securing this grant, BMT's bus fleet would be completely CNG-fueled. Minutes—June 19,2012 The grant will pay up to 80%of the costs of the new buses,with a required 20%match The City will make application to the South East Texas Regional Planning Commission for development credits (formerly known as toll credits) which can be used to satisfy the $300,000 match requirement. If the application to the Planning Commission is not successful, the City will not accept the CMAQ funds. The Administration recommended approval. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT AN APPLICATION AND ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION(TXDOT)FOR A CONGESTION MITIGATION AND AIR QUALITY(CMAQ)GRANT FOR THE PURCHASE OF NEW BUSES FOR BEAUMONT MUNICIPAL TRANSIT. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 12 - 136 WORK SESSIONS * Review and discuss draft maps and population/demographic data related to redistricting of electoral wards Alan Bojorquez, with the Bojorquez Law Firm reviewed and discussed draft maps and population/demographic data related to redistricting of electoral wards. Mr. Bojorquez started with the existing Council Ward map, the current ward deviations, black population density and redistricting criteria. Four draft maps were discussed with Council, maps A, B, C, and D along with the draft map criteria, demographics and race and ethnicity of each draft map. The revised timeline was discussed as well as the discussion of the July 17, 2012 public hearing to obtain citizen input on the draft maps. The citizen submission guidelines were discussed, the plans must be submitted in writing, must show the total population and voting age population for Blacks, Hispanics, Asians, Whites and Other for each proposed City Council Ward, plans must be submitted to the City Clerk by July 27, 2012, plans must redistrict the entire City(all 4 Wards), plans must conform to the Council adopted redistricting criteria (see Resolution 12-117). * Discuss the possibility of amending the 2012 Capital Program to add a new project, specifically the design and/or construction of a swimming pool at Rogers Park(Work Session requested by Councilmembers Getz and Pate) Councilmember Getz discussed the possibility of amending the 2012 Capital Program to add a new project, specifically the design and/or construction of a swimming pool at Minutes—June 19,2012 Rogers Park. Councilmember Getz stated that several kids from Sallie Curtis came before Council and submitted a petition stating they would like to see a swimming pool in the West End. The petition had over 350 signatures and 66 adult signatures. Councilmember Getz also stated that there has never been anyone that has requested a pool in the West End, he also stated that at this time he and Councilmember Pate are requesting that City Council consider amending the 2012 Capital Plan for construction of a swimming pool at Rogers Park. Regina Rogers was contact since the park bestows her family name. Ms. Rogers had no objection to a pool at Rogers Park. A cost was given as to how much it would cost to construct a pool at the park, there was also pictures of the pools at Magnolia Park and Alice Keith Park shown as to how beautiful the pools are in the other areas of the City. There was input by Mayor and Councilmembers in regards to amending the 2012 Capital Program. 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- THANKED THE PARKS AND RECREATION DEPARTMENT FOR ALL THEY DID FOR THE JUNETEENTH CELEBRATION, THANKED SOME OF THE SPONSORS, HEB, BISD TRUSTEE GWEN AMBRES,COUNCILMEMBERS WRIGHT AND SAMUEL, AND CUMULUS BROADCASTING,IT WAS A BEAUTIFUL EVENT, LOOKING FORWARD TO THE NEXT ONE COUNCILMEMBER SAMUEL- STATED IT IS ANOTHER GREAT DAY IN BEAUMONT,THANKED THE PARKS AND RECREATION DEPARTMENT FOR THE GREAT JOB THEY DID FOR THE JUNETEENTH CELEBRATION COUNCILMEMBER PATE - STATED THAT THE PARKS AND RECREATION DEPARTMENT ALWAYS DOES A GOOD JOB, ASKED THE CITIZENS TO APPRECIATE ALL OF THE COUNCIL AND THAT THEY ARE ALL HUMAN BEINGS, THEY ALL NEED A LITTLE DIVINE GUIDANCE FROM TIME TO TIME, FEEL FREE TO PUT THEM,COUNCIL,ON THEIR PRAYER LIST, THE BOOK THAT HE READS SAYS THAT PEOPLE SHOULD BE TREATED THE WAY YOU WANT TO BE TREATED, AS LONG AS YOU ARE DOING THAT YOU ARE ON THE RIGHT TRACK, FIRMLY BELIEVES THAT THE COUNCIL THINKS THAT WAY, WE ARE ALL HUMAN BEINGS AND HAVE FLAWS, PLEASE PUT US ON YOUR PRAYER LIST BECAUSE EVERYONE COULD USE A LITTLE HELP COUNCILMEM13ER WRIGHT- THANKED THE PARKS AND RECREATION DEPARTMENT FOR A WONDERFUL JOB, HAD A LOT OF FAMILIES PRESENT, COMMENTED ON THE VENDORS AND THE WONDERFUL FOOD THEY SERVED, THE ENTIRE EVENT WAS A LOVELY AFFAIR, WISHED ALL FATHERS A BELATED HAPPY FATHER'S DAY Minutes—June 19,2012 COUNCILMEMBER GETZ- GAVE A PROGRESS REPORT REGARDING THE SOUTHEAST TEXAS TENNIS ASSOCIATION PROGRAM AT MAGNOLIA PARK AND THE STERLING PRUITT ACTIVITY CENTER, STATED THERE HAS BEEN 25 TO 30 KIDS THAT HAVE BEEN OUT PARTICIPATING IN THE PROGRAM EVERY DAY,THE KIDS ARE NOT JUST KIDS THAT ARE ATTENDING THE CAMP AT STERLING PRUITT,THERE ARE KIDS FROM ALL PARTS OF THE CITY,THE SALVATION ARMY IS ALSO BRINGING A GROUP OF KIDS OUT, STATED THAT HE INCLUDED PHOTOS IN THEIR PACKETS,THE PROGRAM IS GOING WELL COUNCILMEM13ER COLEMAN- SORRY THAT HE MISSED THE MEETING LAST WEEK, HE WAS ON A CRUISE,GLAD TO BE BACK HOME CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- NONE Public Comments (Persons are limited to three minutes) Lois Roy 1495 Avenue G. Beaumont TX Works for Triangle Aids Network, announced that Wednesday, June 27, 2012 will be National Testing Day, encouraged everyone to get tested, stated that Beaumont is ranked #9 in the State of all new HIV cases, African American women top the chart in all HIV cases, the Council should know what HIV is to our City, if you don't get tested you won't know Open session of meeting recessed at 2:52 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of City of Beaumont v. British Petroleum (BP) Housing Authority of the City of Beaumont v. City of Beaumont, Texas * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 625 Orleans Street, Hotel Beaumont The regular session of the meeting reconvened at 4:01 p.m. Minutes—June 19,2012 4. The Beaumont Housing Authority has expressed an interest in acquiring the vacated Beaumont Family Violence Task Force building located at Fair Park. This building was once used as the YMBL offices. Once renovated, the plan is that the building would be used as a community resource center in conjunction with the HOPE VI complex already constructed on a portion of the Fair Park site. The Beaumont Housing Authority wishes to exercise its right of eminent domain in the acquisition of the building. In order to acquire property belonging to a municipality and already devoted to a public use, it is necessary to first seek and gain consent of the City Council. The City Administration has been in discussions with the Beaumont Housing Authority and believes the renovation and use of the building as a resource center for the HOPE VI complex would be an appropriate use. Approval of resolution. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BEAUMONT HOUSING AUTHORITY BE AND IT IS HEREBY GRANTED CONSENT TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE THE VACATED FAMILY VIOLENCE TASK FORCE BUILDING OWNED BY THE CITY OF BEAUMONT IN THE AMOUNT OF$123,000. 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 12 - 137 There being no more business to come before Council, the meeting adjourned at 4:02 p.m. Audio available upon request in the City Clerk's Office. Be A s, Ma or Tina Broussard, City Clerk s ` Minutes—June 19,2012