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HomeMy WebLinkAboutMIN AUG 21 2012 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, Mayor Pro Tern CITY COUNCIL MEETING Michael D. Getz,Ward II Audwin Samuel,Ward III August 21, 2012 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 August 21, 2012, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit of Magnolia Baptist 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 Coleman, Councilmembers, Getz, Wright, 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 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 14, 2012 Confirmation of committee appointments - None A) Approve a resolution accepting a payment for the principal amount due for a paving lien dated May 4, 1931 and waiving the accrued interest on property located at 4290 Kenneth Avenue — Resolution 12 - 178 B) Approve a resolution approving the purchase of liquid chlorine for use in the Water Department— Resolution 12 - 179 Minutes—August 21,2012 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. As a result of the 2012 decennial census, it has been determined that an increase in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I , Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing the ward boundaries from time-to-time as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with Charter of the City of Beaumont. The next City elections May 11, 2013. Approval of Ordinance. Mayor Pro Tern Coleman moved TO ADOPT DRAFT MAP"C"ENTITLED AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS WRIGHT AND SAMUEL NAYS: MAYOR AMES, COUNCILMEMBERS GETZ, PATE,AND SMITH MOTION FAILED Councilmember Smith moved to table AN ORDINANCE ENTITLED AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. Councilmember Pate seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS GETZ, PATE AND SMITH NAYS: MAYOR PRO TEM COLEMAN, COUNCILMEMBERS WRIGHT AND SAMUEL Minutes—August 21,2012 MOTION PASSED TO TABLE 2. Consider a resolution joining with other Entergy service area cities in support of a Settlement in Principle regarding the transfer of operational control of Entergy's transmission system to Midwest Independent Transmission System Operator, Inc. in Public Utility Commission Docket No. 40346. On or about April 30, 2012, Entergy Texas, Inc., (Entergy) filed with the Public Utility Commission of Texas (PUC)an application to join the Midwest Independent Transmission System Operator, Inc.(MISO). MISO is an Indiana based independent regional transmission organization that manages the high voltage transmission lines powering all or part of thirteen (13) states in the midwest and the Canadian province of Manitoba. This operator is intended to perform certain functions such as maintaining and managing reliability and providing for economic dispatch of generation resources. The Entergy operating companies have determined that it would be in the best interest of the companies and customers to join MISO as a regional independent operator. Entergy has determined that the net benefits to Texas retail customers of Entergy from transitioning to MISO is approximately$170 to $225 million over the first ten (10)years, or approximately $17 to $22.5 million dollars per year on average. The Cities, through its Cities Steering Committee, have intervened in the request before the PUC and filed testimony in support of the transfer to MISO with conditions. The Cities consulting experts have reviewed the filings and are recommending that the transfer of operations control of Entergy's transmission systems be conditioned on 1.) all Entergy Operating Companies joining MISO; 2.) ETI receiving sufficient transmission rights to hedge against the congestion charges for importing current and future energy requirements into Texas; and, 3.) an analysis as to what modifications to the System Agreement would be necessary in order to permit the greatest reasonable benefits to be received from joining MISO to be accrued for Texas customers. Entergy has agreed to abide by the conditions recommended by the cities and the cities are recommending approval of the proposed Settlement in Principle as submitted. The proposed resolution is a resolution supporting the settlement in principle. Approval of resolution. Mayor Pro Tern Coleman made a motion to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, JOINING WITH OTHER ENTERGY SERVICE AREA CITIES IN SUPPORT OF A SETTLEMENT IN PRINCIPLE REGARDING THE TRANSFER OF OPERATIONAL CONTROL OF ENTERGY'S TRANSMISSION SYSTEM TO THE MIDWEST INDEPENDENT TRANSMISSION SYSTEM OPERATOR,INC.IN PUBLIC UTILITY COMMISSION DOCKET N0.40346. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—August 21,2012 Resolution 12 - 180 3. Consider a resolution approving the award of annual contracts for mowing privately owned, developed and vacant properties in violation of the city's weed ordinance. 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 billed. Liens are placed on any property with a one time bill in excess of five hundred dollars ($500), in addition Cash Management periodically checks balances and will attach liens to properties with cumulative balances of one thousand dollars ($1,000) or more. The contract is divided into four (4) sections and maps are attached. No vendor may choose more than one section. If a vendor is a qualified applicant with the lowest price,this vendor has first choice to which section they would like to be awarded. The remaining sections are awarded using the same process. The contract is for one (1)year with annual renewal options not to exceed two (2) renewals with no increase in cost. Eleven (11) vendors were provided bid notices and seven (7) responses were received. JLMB Properties, Inc, was the lowest, qualified bidder and their choice was Section 3, Charlton Pollard. CIMA Utility Construction Co,was the next lowest bidder and their choice was Section 1, North East. Yardboy Lawncare Service was the third lowest bidder and their choice was Section 4, South East. Bulldog Excavating was the fourth lowest qualified bidder and their choice was Section 2, Miscellaneous Approval of resolution Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY CIMA UTILITY CONSTRUCTION CO, OF BEAUMONT, TEXAS, FOR AN ESTIMATED AMOUNT OF $159,100, BULLDOG EXCAVATING, OF VIDOR, TEXAS, IN THE ESTIMATED AMOUNT OF $86,816, JLMB PROPERTIES, INC.,OF BEAUMONT,TEXAS,FOR AN ESTIMATED AMOUT OF$39,883 AND FOR SECTION 3,CHARLTON POLLARD IN THE AMOUNTS SHOWN IN THE ESTIMATED AMOUNT OF$31,180, AND BY YARDBOY LAWNCARE SERVICE, OF BEAUMONT, TEXAS, FOR AN ESTIMATED AMOUNT OF $99,886 FOR AN ANNUAL CONTRACT FOR MOWING PRIVATELY OWNED DEVELOPED AND VACANT PROPERTIES. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 - 181 Minutes—August 21,2012 WORK SESSION * Review and discuss a request by Cimarex Energy Co. to amend the Code of Ordinances related to seismic testing Mayor and Council discussed at length whether to amend the City Ordinance to facilitate the ability of oil and gas companies to conduct seismic testing for the purpose of discovering energy resources. The proposed changes would allow testing closer to structures than the current ordinance permits and allow testing on weekends, although not in residential areas. Cimarex Energy Company representatives requested the changes and assured the city the testing would be done with the utmost discretion, transparency and responsiveness to residents' concerns. They also agreed to pay for any damage to city streets and to conduct inspections of residents' home before beginning, in addition to other precautionary measures. Cimarex indicated without the testing that it would be unlikely they would be able to get enough information to commence drilling. City Manager Hayes recommended against changing the ordinance, he stated that previously, such testing led to damaged streets and complaints from residents. Mayor and Council requested that Cimarex give them a demonstration of the vibratory truck that would be used, Cimarex agreed and state they could setup a testing on next Tuesday before or after council meeting whichever Council preferred. 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 COLEMAN - ANNOUNCED A GREAT EVENT FOR PEOPLE IN NEED, ON OCTOBER 5 AND 6,2012,AT THE BEAUMONT CIVIC CENTER THE TEXAS DENTAL ASSOCIATION "SMILES FOUNDATION" WILL HAVE A TEXAS MISSION OF MERCY EVENT, THIS WILL BE AN OPPORTUNITY FOR PEOPLE THAT ARE UNDER INSURED OR NOT INSURED AT ALL TO TAKE ADVANTAGE OF FREE DENTAL WORK FOR TWO DAYS,DENTISTS FROM ACROSS THE NATION WILL BE TAKING PART, THE DENTAL ASSOCIATION WILL BE PARTNERING WITH THE BEAUMONT HEALTH DEPARTMENT WHO WILL BE DOING BLOOD PRESSURE SCREENINGS ETC., IF ANY CHURCH WOULD LIKE TO VOLUNTEER THEY CAN COUNCILMEMBER GETZ- STATED THAT HE ATTENDED A BISD SCHOOL BOARD MEETING, BISD ANNOUNCED THAT THEY HAVE RECEIVED $550,000 IN OIL ROYALTY MONEY AND IT WILL CONTINUE TO POUR IN, HE SAID THAT TO BRING UP THE ISSUE REGARDING THE SCHOOL CROSSING GUARD,STATED THAT SCHOOL WILL BE STARTING NEXT WEEK, TO HIS UNDERSTANDING THERE HAS BEEN NO FINAL RESOLUTION REGARDING THE PROGRAM, UNDERSTANDS THAT THERE IS TO BE SOME INTER-LOCAL AGREEMENT BEING DRAFTED, DOESN'T KNOW WHERE THAT STANDS RIGHT NOW, UNDERSTANDS THAT THE CITY HAS TAKEN THE POSITION THAT THEY WILL CONTINUE TO Minutes—August 21,2012 ADMINISTER THE PROGRAM BECAUSE OF SOME UNACCEPTABLE TERMS THAT THE SCHOOL DISTRICT WANTED TO IMPOSE THAT WERE NOT AGREEABLE, ASKED THE CITY MANAGER WHERE THE CITY IS ON THIS ISSUE AND WILL IT BE ABLE TO BE RESOLVED BEFORE SCHOOL STARTS, COUNCILMEMBER GETZ ALSO COMMENTED ON ANOTHER SUBJECT, IF HE WERE TO GO DOWN TO THE CITY OF NEDERLAND AND SPEAK AT THEIR CITY COUNCIL MEETING THEY PROBABLY WOULD NOT REALLY LISTEN TO HIM BECAUSE HE WOULD NOT BE A CITIZEN OF NEDERLAND, STATED THE COUNCIL ALLOWS THEIR CITIZENS TO SPEAK AT THE MEETING BUT THE COUNCIL REALLY DOESN'T KNOW IF THE PERSON SPEAKING IS A CITIZEN OR NOT, THERE ARE THOSE THAT HAVE A BEAUMONT ADDRESS AND ARE NOT A CITIZEN WITHIN THE CITY LIMITS OF BEAUMONT, COUNCIL MAY WANT TO CONSIDER A POLICY CHANGE,IF PEOPLE THAT ARE NOT CITIZENS OF BEAUMONT OR EVEN IF THEY ARE CITIZENS OF BEAUMONT ADDRESS WHICH WARD THEY LIVE IN, THEN COUNCIL WILL HAVE SOME IDEA WHERE THEY ARE COMING FROM WHEN THEY ADDRESS COUNCIL, JUST SOMETHING TO THINK ABOUT COUNCILMEMBER WRIGHT- REMINDED EVERYONE TO COME OUT TO THE GRAND OPENING OF THE EVENT CENTRE AT 5:30 P.M.ON TODAY,STATED IT'S A WONDERFUL EVENT ENCOURAGED EVERYONE TO COME OUT AND SUPPORT IT COUNCILMEMBER PATE - COMMENTED ON THE TRANSPORTATION SUMMIT THAT HE ATTENDED ON LAST WEEK IN DALLAS,TEXAS,ENCOURAGED EVERYONE TO ATTEND THE GRAND OPENING OF THE EVENT CENTRE AS WELL AS THE TASTING FOR SOME OTHER PLACE, ALSO ANNOUNCED BUM PHILLIPS WOULD BE SPEAKING AT LAMAR UNIVERSITY'S FOOTBALL BANQUET COUNCILMEMBER SAMUEL- ASKED IF THE COUNCIL COULD GET HANDOUTS ON ALL OF THE PROPOSED MAPS AS WELL AS THE DATA BEFORE THE NEXT MEETING,THANKED STAFF FOR THE CONTINUED HELP ON GETTING THROUGH THE REDISTRICTING PROCESS COUNCILMEMBER SMITH - ADDRESSED COMMENTS MADE BY COUNCILMEMBER GETZ IN REGARDS TO CITIZENS SPEAKING AT THE COUNCIL MEETING, STATED THAT COUNCIL SHOULD NOT CENSOR ANYONE THAT WANTS TO SPEAK,IF YOU'RE NOT FROM BEAUMONT AND YOU WANT TO SPEAK THEY SHOULD HAVE THAT RIGHT,WE HAVE EMPLOYEES THAT DON'T LIVE IN BEAUMONT SHOULD WE CIRCLE THE WAGONS AND SAY IF THEY DON'T LIVE IN BEAUMONT THEY CAN'T WORK HERE, THIS GIVES THE WRONG MESSAGE TO THIS CITY AND THE SURROUNDING CITIES, IF ANYONE HAS INPUT THERE IS NOTHING WRONG WITH HEARING THEIR INPUT Minutes—August 21,2012 CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- ANNOUNCED THE GRAND OPENING AT THE EVENT CENTRE AT 5:30 P.M.,AS WELL AS THE TASTING FOR SOME OTHER PLACE, ALSO ANNOUNCED THE COPS AND KIDS CARNIVAL THAT WILL BE HELD ON SATURDAY, SEPTEMBER 5, 2012, THE EVENT WILL BE FREE Public Comments (Persons are limited to three minutes) Paul Jones 10033 Brooks Rd. Beaumont, TX Stated that remarks made by Councilmember Getz were probably directed to him, he stated he would challenge Councilmember Getz as well as any other Councilmember to prove that they are more of a citizen of this town than he is, stated that he is a member of the 100 Black Men, they are a sponsor for the Cops for Kids Carnival and will be participating in that event, appreciates most of the Councilmember for having such a broad mind about the City of Beaumont, which is his passion and love and wants to do what's best for it regardless of what Councilmember Getz thinks or believes, also commented on the seismic testing, stated if the City is going to make a change in the ordinance, encouraged Council to really look at protecting the citizens, if you are not allowing the testing on the concrete streets, the foundation and slabs of houses are concrete and there can be micro or hair line cracks that could be damaged and show up at a later date, please make sure that something is put in the contract that will cover the citizen Open session of meeting recessed at 3:11 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jefferson County Jail Rates There being no action taken in Executive Session, Council adjourned. A dlo availabi Dn request in the City Clerk's Office. Be ky Am s Mayor . Cf ot 4 Tina Broussard, City Clerk Minutes—August 21,2012