HomeMy WebLinkAboutMIN JUL 09 2013 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem
Dr.Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz,Ward 11
Audwin Samuel,Ward Ill July 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 July 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 1-4/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 Wright, Councilmembers Getz, Pate,
and Samuel. Absent: Councilmembers Coleman and Smith. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Coleman was out of the City in Washington, D.C., to meet with First Lady
Michelle Obama on Wednesday to celebrate "Let's Move!, Cities, Towns and Counties".
Councilmember Smith was out of the City for a doctor's appointment.
Proclamations, Presentations, Recognitions
"Know Your County Courthouse Day" - July 10, 2013 - Proclamation read by
Councilmember Samuel; accepted by Rev. J.D. Roberts,with Save Our Children in Motion,
Inc.
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda.
Valory Barnett 5750 Roadrunner Beaumont TX
Spoke regarding Item #1 on the Agenda; stated that she is the owner of PCLC, wasn't
aware of a lot of the issues with her contract and would like to continue her contract with
the City
Minutes—July 8,2013
Micheal Alfred 1877 Washington Blvd Beaumont TX
Spoke regarding Item #1 on the Agenda; he's the owner of Garden of Gethsemane
Nursery and Landscaping, stated that he has done business with the City and has done
this particular job before, will do a great job for the City, asked that they award the contract
to his company as he is the next lowest bidder
CONSENT AGENDA
Approval of minutes - June 25, 2013
Confirmation of committee appointments - None
A) Approve a resolution approving an annual contract for waste collection at various city
facilities — Resolution 13 - 140
B) Approve a resolution approving two annual contracts for the purchase of uniforms for use
by the Fire Department— Resolution 13 — 141
C) Approve a resolution authorizing the City Manager to enter into an Agreement with Lamar
University for Programming Services — Resolution 13 - 142
D) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary
sewer improvements in West Chase Village, Section Eleven Subdivision—Resolution 13-
143
E) Approve a resolution authorizing the City Manager to apply for and receive funding through
the Edward Byrne Memorial Justice Assistance Grant program and to execute an inter-
local agreement with the City of Port Arthur and Jefferson County in order to reallocate
Justice Assistance Grant funds — Resolution 13 - 144
Councilmember Getz made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND
SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider a resolution terminating the current contract for grounds maintenance at City
Parks and Triangles with PCLC Landscape Management and awarding the contract to
Garden of Gethsemane Nursery and Landscaping of Beaumont.
Minutes—July 8,2013
The purpose of the contract for grounds maintenance of City Parks and Triangles is to
maintain these City properties in an attractive, safe and usable condition for the enjoyment
of citizens and visitors. All scheduled work at the park locations is required to be
performed during daylight hours on Monday through Friday.
Council Resolution 12-211 awarded the contract to PCLC Landscape Management of
Houston on September 18, 2012. Parks and Purchasing personnel worked closely with
PCLC during the first three work cycles of the contract to clarify requirements and point out
areas of performance requiring improvement. Liquidated damages were assessed when
deficiencies were not rectified during the third work cycle.
Although PCLC performed acceptably during the longer work cycles of the non growing
season (December 1 to February 28)deficiencies again occurred when the growing season
resumed. Some parks and triangles were not being maintained at all during the work cycle
and other locations were not maintained according to specifications. If a park or triangle
has not received any service per specifications, the vendor receives no payment for that
location. If a specific park or triangle is not completed to specifications, liquidated damages
can be assessed for that location.
According to contract, if the vendor is assessed two (2) liquidated damages or non-
payment for lack of performance within a twelve (12) month time frame the City may
terminate the contract with the vendor. The City has assessed liquidated damages or
notice of non payment on five (5) different occasions during the term of the current
contract. During the work cycle of June 24 through June 28, the last full cycle prior to
Independence Day, PCLC was found to have failed to perform any work at twelve (12)
parks and to be deficient on three (3) more.
On two (2) occasions, PCLC did not complete the specified work cycle in a timely manner
and asked for permission to work at specific parks on a Saturday or Sunday. Due to safety
concerns of lawn equipment being operated around large numbers of citizens and visitors
utilizing the park, City personnel denied this request. PCLC ignored the decision and
performed work at some locations on Saturday or Sunday without permission.
Garden of Gethsemane Nursery and Landscaping is the next lowest, responsible bidder.
This bidder has successfully provided services for this contract in the past. Bidder is willing
to provide services at the pricing that was submitted on their original bid. The cost of an
annual contract will be approximately $217,002
General Fund.
Approval of resolution.
COuncilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GARDEN OF GETHSEMANE NURSERY &
LANDSCAPING, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND
SAMUEL
NAYS: NONE
Minutes—July 9,2013
MOTION PASSED
Resolution 13 - 145
2. Consider a resolution approving a change order to the contract with McInnis Construction,
Inc. for renovations at the Beaumont Transit Bus Maintenance Facility.
A contract in the amount of$302,260 was awarded to McInnis Construction, on April 16,
2013.
Change Order No. 1 includes additional wok to provide ADA compliant upgrades to the
facility including enlarged doors and accessible door hardware, accessible cabinetry in the
break room and plumbing fixtures in restrooms, accessible sidewalk connections, and new
stripping and parking lot signage.
A Contingency Allowance of$20,000 will be utilized for a portion of the total cost of Change
Order No.1. The balance of the cost of additional work is $28,600, which will increase the
total contract amount to $330,860.
Included in Change Order No. 1 is the request for an additional twenty(20)days in order to
complete the additional work, thereby extending the contract term to August 23, 2013.
The American Recovery and Reinvestment Act grant is funding this project.
Approval of Resolution
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1 FOR ADDITIONAL WORK, THEREBY
INCREASING THE CONTRACT AMOUNT BY$28,600 FOR A TOTAL CONTRACT AMOUNT OF$330,860
FOR RENOVATION TO THE BEAUMONT TRANSIT BUS SERVICE BAYS. Councilmember Getz
seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND
SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 13 - 146
3. Consider a resolution approving a change order to the contract with the Texas
Department of Transportation for the Concord Road Project.
Texas Department of Transportation (TxDot)is managing the Concord Road Project. TxDot
awarded their contract to Tradeco Infrastructura, Inc. in the amount of$11,284,746.71. A
change order in the amount of $76,879.72 has been requested for modifications to the
water, sanitary sewer, storm sewer, and conduit lines for the project. An Engineering and
Minutes—July 9,2013
Contingencies charge of$12,085.49 has been assessed by TxDot for the project based on
the change order amount. The total amount of the change order is $88,965.21.
Capital Program.
Approval of resolution.
Mayor Pro Tern Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE AN ACKNOWLEDGMENT OF CHANGE ORDER NO.1 FOR
ADDITIONAL WORK, THEREBY INCREASING THE COTNRACT AMOUNT BY $76,879.72 FOR THE
CONCORD ROAD PROJECT. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, PATE,
AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 13 - 147
4. Consider a resolution authorizing the City Manager to enter into a lease agreement with Dr.
Donna Farrell, Ph.D., LSSP LLC for the property located at 3455 Sarah Street.
Approximately three years ago, the Melton YMCA closed and was reopened as the L.L.
Melton Family Life Center. Serving as a community recreation center for the area, the Life
Center continues to operate, with assistance from the City. The management of the
Melton Life Center was recently approached by Dr. Donna Farrell, Ph.D., LSSP about
utilizing the facility, while maintaining recreational activities for the community.
Dr. Farrell intends to make significant investments by making improvements to the
property, including code updates, expansion of the building and new sport fields. In order
to make these investments financially viable, a twenty(20)year lease of the property would
be required. In exchange for the use of the building and grounds for this term, Dr. Farrell
will provide these services described herein, provide continued recreational opportunities to
the community and pay the City $1,000 per month, the amount adjusted annually, based
on the inflation activity, as defined by the Houston-Galveston-Brazoria Area Consumer
Price Index (CPI). The lease could be terminated at any time, if agreed upon by both
parties or for violation of any terms of the lease by either party.
In addition,while the north half of this ten (10) acre property is owned by the City,the south
half is owned by Jefferson County. It was indicated that the Jefferson County
Commissioner's Court will consider approving a lease to the City for this south half of the
property. Following approval by the County, the City can then enter into a similar lease
with Dr. Farrell for the South half.
Approval of resolution.
Minutes—July 9,2013
COUncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE A TWENTY (20) YEAR LEASE AGREEMENT, EXPIRING ON
DECEMBER 31, 2033, WITH DR. DONNA FARRELL, PH.D., LSSP, LLC (LESSEE) FOR AN INITIAL
RENTAL AMOUNT OF $1,000 PER MONTH FOR PROPERTY LOCATED AT 3455 SARAH STREET,
BEAUMONT, TEXAS, FOR PRIVATE EDUCATION SERVICES, RECREATIONAL, SOCIAL AND CIVIC
ACTIVITIES AT THE L.L. MELTON FAMILY LIFE CENTER. Mayor Pro Tern Wright seconded the
motion.
AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS GETZ,PATE AND
SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 13 - 148
COUNCILMEMBER COMMENTS
COUNCILMEMBER COLEMAN - ABSENT
COUNCILMEMBER GETZ- SPOKE REGARDING THE 4' OF JULY FESTIVITIES AT
RIVERFRONT PARK, MENTIONED THE FIRST ' EVER
DOWLEN/WEST NEIGHBORHOOD ASSOCIATION SOCIAL
GATHERING, THANKED MAYOR PRO TEM WRIGHT FOR
ATTENDING,CALDER PLACE NEIGHBORHOOD ASSOCIATION
ALSO HAD A PARADE THAT MORNING WHERE
COUNCILMEMBER PATE WAS THE GRAND MARSHAL,
THANKED HIM FOR PARTICIPATING
MAYOR PRO TEM WRIGHT- COMMENTED ON ALL THE EVENTS FOR THE 4T" OF JULY
FESTIVITIES, MENTIONED THE DOWLEN/WEST
NEIGHBORHOOD ASSOCIATION SOCIAL GATHERING,
COMPLEMENTED ALLISON GETZ ON THE WONDERFUL JOB
SHE DID PLANNING THE EVENT, ALSO MENTIONED
COUNCILMEMBER COLEMAN BEING IN WASHINGTON D.C.TO
MEET WITH FIRST LADY MICHELLE OBAMA IN REGARDS TO
THE "LET'S MOVEI CITIES, TOWNS AND COUNTIES" ON
BEHALF OF THE CITY, AS WELL AS A POLICE DEPARTMENT
REVIEW BOOKLET THAT WAS PREPARED BY THE POLICE
DEPARTMENT
COUNCILMEMBER PATE- COMMENTED ON THE 4T"OF JULY FESTIVITIES,AS WELL AS
DOWLEN/WEST AND CALDER PLACE NEIGHBORHOOD
ASSOCIATION FESTIVITIES, COMPLIMENTED CHIEF
SINGLETARY AND HIS OFFICERS WHO ATTENDED THE OAKS
DISTRICT NEIGHBORHOOD ASSOCIATION MEETING, THEY
OUTLINED A PROGRAM THAT THEY CAME UP WITH TO HELP
CITIZENS TO BE BETTER PROTECT THEIR PROPERTY IF A
ROBBERY OCCURRED IN THEIR HOME
Minutes—July 9,2013 '
COUNCILMEMBER SAMUEL- STATED THAT THIS IS THE FIRST YEAR THAT HE HAS MISSED
THE 4T" OF JULY FESTIVITIES, COMMENTED ON A
CONVERSATION HE HAD WITH A REPORTER WHO ASKED HIM
WHAT THE COUNCIL WILL BE DOING ABOUT VIOLENCE IN THE
CITY, HIS IMMEDIATE RESPONSE WAS NOT WHAT COUNCIL
WILL DO BUT WHAT EVERYONE WILL DO,THIS 1S NOT A DUTY
OF ONE INDIVIDUAL,THIS IS SOMETHING THAT EVERYONE HAS
TO DO TO MAKE THIS CITY BETTER FOR ALL CITIZENS AND TO
WORK IN UNITY
COUNCILMEMBER SMITH - ABSENT
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES- NONE
Public Comments (Persons are limited to three minutes)
Kathryn Anderson 627 E. Pipkin St. Beaumont TX
Spoke on the property that she lives in, it has termites, the back of the property has holes,
complained to the landlord about the property with no help, asked that the City come out
and inspect the property
With there being no Executive Session, Council adjourned at 2:08 p.m.
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Minutes—July 9,2013