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Home My WebLink AboutMIN APR 09 2013 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 April 9, 2013 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 April 9 2013, 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 1-2/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Councilmember Samuel 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. Absent: Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Safe Digging Month" - April, 2013 - Proclamation read by Councilmember Getz; accepted by Gary Chalk, District Director, CenterPoint Energy Presentation — Danielle Underferth, Communications Manager, spoke with Council regarding the Texas Trash Off that was held on Saturday, April 6, 2013 Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. None CONSENT AGENDA Approval of minutes - April 2, 2013 Confirmation of committee appointments - None A) Approve a resolution identifying the City of Beaumont as a Local Direct Recipient of Section 5307 Federal Transit Administration funds— Resolution 13 — 078 Minutes—April 9,2013 B) Approve a resolution adopting a Title VI-Language Assistance Plan for Limited English Proficient persons served by the Beaumont Municipal Transit— Resolution 13 — 079 C) Approve a resolution authorizing the settlement of the claim of Tyrone Bill—Resolution 13 - 080 D) Approve a resolution authorizing the settlement of the lawsuit styled Rashee Guillory v.The City of Beaumont; Cause No. E-188,778 — Resolution 13 - 081 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Wright 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 a resolution approving a contract for South Park Drainage Improvements. A grant from the Texas Community Development Block Grant(CDBG) Disaster Recovery Program for areas impacted by Hurricane Ike was awarded for drainage improvements to the South Park area. The project will install additional storm sewer boxes and pipes connecting them to the existing system. These interconnects will allow for the re-direction of flow to the Neches River significantly increasing the capacity of the drainage system and reducing flooding. Completion time for this project was scheduled in the project design. A total of 720 calendar days has been allocated for this project. Allco plans to subcontract a portion of the contract to certified Minority Businesses. The majority of the project is the purchase of cement, pipe, and earthen materials. Labor and equipment will be provided by Allco. They plan to meet their MBE goals by subcontracting to local transporting companies. Additionally, the contractor will be required to comply with the City's Section 3 policy as it regards to hiring low income individuals from the affected areas. The Supplemental Disaster Grant is in the amount of $11,339,401. Engineering and Project Management fees were also included in this total. The fees and the cost of construction will result in a shortfall of approximately$2.2M which will be paid for from the Capital Program. Approval of resolution. Minutes—April 9,2013 Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO,LLC,OF BEAUMONT,TEXAS,IN THE AMOUNT OF $12,330,865 FOR THE SOUTH PARK DRAINAGE IMPROVEMENT PROJECT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 082 2. Consider a resolution approving a seven year financing agreement for the water meter infrastructure project. On September 25, 2012 Council approved a Performance Contractwith Johnson Controls, Inc. for installation and implementation of an Automated Metering and Leak Detection Infrastructure Project for the Water Utilities Department. The total contracted cost of the project is $14,857,402. A $1,000,000 capital infusion toward the project reduces the amount to be financed to $13,857,402. Bids were requested for a fixed interest rate to finance the project with the first annual payment in arrears following the eighteen (18) month construction period. The total lease purchase cost including interest of$974,445.31 is $14,461,847.31. Bids were requested from thirty-three (33) vendors with ten (10) responding. The lowest bid was from SunTrust. Water Utilities Fund. Approval of the resolution. Mayor Pro Tern Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A FINANCING AGREEMENT WITH SUNTRUST EQUIPMENT FINANCE & LEASING CORP., OF TOWSON, MARYLAND. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 083 Minutes—April 9,2013 COUNCILMEMBER COMMENTS MAYOR PRO TEM COLEMAN- STATED THAT THE OAKS HISTORIC DISTRICT HAD A GREAT EVENT ON SATURDAY NIGHT, THANKED DANIELLE UNDERFERTH AND STAFF FOR THE GREAT JOB THEY DID FOR THE TEXAS TRASH OFF, ALSO MENTIONED THAT THE BEAUMONT POLICE DEPARTMENT HAS BEEN VERY BUSY LOCKING UP BAD GUYS,THANKED THEM FOR KEEPING THOSE GUYS OFF THE STREET AND IN CUSTODY COUNCILMEMBER GETZ- STATED THE POLICE DEPARTMENT HAS BEEN VERY BUSY ESPECIALLY IN THE WEST END,GAVE COMPLIMENTS TO THE MEN AND WOMEN IN BLUE,APPLAUDED THEIR EFFORTS FOR APPREHENDING THE CRIMINALS THAT WERE TERRORIZING THEIR NEIGHBORHOODS,ALSO SPOKE ABOUT THE CREATION OF ANOTHER NEIGHBORHOOD ASSOCIATION IN THE DOWLEN/WEST NEIGHBORHOOD,HE'S CURRENTLY WORKING WITH SOME CITIZENS TO GET THIS ASSOCIATION TOGETHER, ASKED IF ANYONE IS SEEKING TO PARTICIPATE IN A LEADERSHIP ROLE TO PLEASE GIVE HIS OFFICE A CALL, DOWLEN/WEST CURRENTLY DOES NOT HAVE A NEIGHBORHOOD ASSOCIATION, AFTER THE ACTIVITY THIS PAST WEEK THEY CAN DEFINITELY SEE THE VALUE IN HAVING ONE,ATTENDED THE ACORN NEIGHBORHOOD ASSOCIATION MEETING,THERE IS A CONCERN IN REGARDS TO THE AMOUNT OF SOLICITATION THAT IS GOING ON DOOR TO DOOR,SPOKE WITH THE CITY ATTORNEY IN REGARDS TO THIS AND HE HAS STATED THAT THERE MAY BE SOME THINGS THAT THE CITY CAN DO IN REGARDS TO THE DOOR TO DOOR SOLICITATION, ASKED IF THERE COULD BE A WORKSESSION IN REGARDS TO THE SOLICITATION COUNCILMEMBER WRIGHT- ANOTHER GREAT DAY IN BEAUMONT COUNCILMEMBER PATE- SPOKE IN REGARDS TO THE TEXAS TRASH OFF AND THE OAKS HISTORIC DISTRICT FUND RAISER, STATED THAT THE SYMPHONY ENDED ON THE SAME NIGHT,ALSO COMMENTED ON COACH LARRY TIDWELL LEAVING LAMAR UNIVERSITY COUNCILMEMBER SAMUEL- THANKED DANIELLE UNDERFERTH AND STAFF FOR THE GREAT JOB THEY DID WITH THE TEXAS TRASH OFF,AS WELL AS THE BEAUMONT POLICE DEPARTMENT FOR KEEPING THE STREETS SAFE, IT'S ANOTHER GREAT DAY IN BEAUMONT COUNCILMEMBER SMITH- COMMENTED ON THE TEXAS TRASH OFF AND EVERYONE THAT JOINED IN, STATED THAT THE SOUTH PARK AREA IS VERY HAPPY WITH THE DRAINAGE PROJECT GOING ON IN THAT AREA,ANNOUNCED THAT THE 100 BLACK MEN WILL BE HAVING THEIR SCHOLARSHIP BANQUET ON SATURDAY,APRIL 13,2013 , 6:30 P.M.,AT THE MCM ELEGANTE' HOTEL Minutes—April 9,2013 CITY ATTORNEY COOPER- INDICATED THAT HE HAD A CONVERSATION WITH COUNCILMEMBER GETZ REGARDING THE SOLICITATION ISSUE, EXPRESSED SOME CONCERNS TO COUNCILMEMBER GETZ,THESE TYPES OF ORDINANCES DO NOT COME WITHOUT THEIR OWN PROBLEMS, CONSTITUTIONAL AS WELL AS ENFORCEMENT,WANTED EVERYONE TO BE MINDFUL OF THIS BEFORE ANY WORKSESSIONS OCCURRED CITY MANAGER HAYES- ABSENT MAYOR AMES- COMMENTED ON THE TEXAS TRASH OFF AND HOPES THAT AT THE NEXT TRASH OFF THE CITY WILL HAVE LESS TRASH TO PICK UP SINCE THE CITY HAS WORKERS THAT ARE OUT PICKING UP DAILY TO KEEP THE CITY CLEAN, HAD A COUPLE OF RIBBON CUTTINGS THIS PAST WEEK,CONGRATULATIONS TO FAMILY PHARMACY ON CALDER NEAR ST. ELIZABETH'S HOSPITAL,AS WELL AS GIGI's CUPCAKES ON THEIR GRAND OPENINGS,ANNOUNCED THE FILL THE BOOT CAMPAIGN FOR MDA THAT WILL BEGIN THIS WEEK SPONSORED BY THE BEAUMONT FIRE DEPARTMENT Public Comments (Persons are limited to three minutes) Mickey Phelan 2341 McFaddin Beaumont TX Thanked Ms. Broussard in the Solid Waste Department, she took care of a situation that occurred behind Ashley Square Apartments,also thanked Ashley in the Water Department who was a great help to him, spoke in regards to the Water Customer Service Department, asked that all of his properties be put on the same bill, was told that would not be able to be done, also had complaints regarding his water being turned off at one of his properties, asked that the City come up with some type of process that can alert citizens if their bill is due in case the bill isn't received Antoinette Harrison & LaVonne Feagins Spoke to Council in regards to damage to their home on March 14, 2013, by the heavy haul truck with the City of Beaumont, when the City was contacted it was stated that it wasn't the City's responsibility it was AT&T, after speaking with AT&T they stated it was the City of Beaumont's responsibility, they are being told that the damage needs to be filed on their homeowners insurance, the feeling is that it's the City of Beaumont's responsibility not theirs there be' g no Executive Session, Council adjourned at 2:03 p.m. � f' B ky m s, yo 10 Tina Broussard, City Clerk R ' -•':;� Minutes—April 9,2013