HomeMy WebLinkAboutMIN DEC 18 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 December 18, 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 December 18,
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 1-4/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Big Jim Selles Pastor of South Park 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 1-4/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - December 11, 2012
Confirmation of committee appointments - None
A) Approve a resolution approving an annual contract for towing services — Resolution 12
- 292
B) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a contract, in order to accept grant funding from the National
Highway Safety Administration provided through the Texas Department of
Transportation for impaired driving enforcement and education — Resolution 12 - 293
Minutes—December 18.2012
C) Approve a resolution authorizing the City Manager to execute a deed conveying
unimproved House Road right-of-way property to Legacy Community Development
Corporation for the construction of one affordable home — Resolution 12 - 294
Councilmember Smith made a motion to approve the Consent Agenda. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
1. Consider a resolution approving the purchase of 20 patrol vehicles for use in the Police
Department.
The new vehicles are 2013 Chevrolet Tahoe's with the police package. Chevrolet Tahoe's
were chosen due to Ford stopping production of the Crown Victoria. Since the current
radios and computer equipment accessories will transfer to the Tahoe with minor
equipment modifications, the Chevrolet Tahoe is the most cost efficient choice to replace
the Crown Victoria.
Nineteen (19) of the twenty(20) 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
remaining vehicle will be utilized by Crime Scene Investigation Technicians and will replace
a unit which is no longer fit for service due to age and mileage. The replaced vehicles may
be disposed of according to the City's surplus property disposal policies or relocated to
other divisions.
Pricing for the vehicles was obtained through BuyBoard, a cooperative purchasing
association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas
procurement statutes.
Standard warranties of five (5) years or 100,000 miles are provided for each vehicle.
Warranty service is available from the local authorized dealer. Delivery is expected within
sixty (60) to ninety (90) days.
Capital Reserve Fund.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE PURCHASE OF TWENTY (20) CHEVROLET TAHOES FOR USE BY THE BEAUMONT
POLICE DEPARTMENT FROM CALDWELL COUNTRY CHEVROLET, OF CALDWELL, TEXAS, IN THE
Minutes—December 18,2012
AMOUNT OF $525,960 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 12 - 295
2. Consider a resolution authorizing the City Manager to execute a 20 year agreement with
Fair Energy Operations-Beaumont, LLC to purchase municipal solid waste from the City of
Beaumont.
The proposed agreement is with Fair Energy Operations- Beaumont, LLC, a Texas limited
liability company, formerly known as GGI, LLC. Under the terms of the proposed
agreement, the city will supply on average 1,400 tons per week of municipal solid waste to
the company. This waste is currently disposed of at the City's landfill located on Laffin
Road. Fair Energy Operations- Beaumont, LLC will purchase property next to the landfill
and construct facilities to sort and process any recyclable materials and use patented
technologies to convert the remaining solid waste to commercial grade liquid diesel. The
company estimates it will create 50 jobs. For compensation, the City of Beaumont will
receive a biannual payment of$200,000.00 which will increase by three (3) percent yearly
starting on the fourth anniversary of the first payment and continuing throughout the life of
the agreement. In addition to the financial benefits, this agreementwill extend the life of the
landfill by approximately five years.
Approval of the resolution.
Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,
AND HE IS HEREBY AUTHORIZED TO EXECUTE A TWENTY(20)YEAR AGREEMENT WITH FAIR ENERGY
OPERATIONS-BEAUMONT, LLC, TO PURCHASE MUNICIPAL SOLID WASTE FROM THE CITY OF
BEAUMONT. 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 - 296
3. Consider an amendment to Chapter 8, Section 8.02.002 of the Code of Ordinances by
adding a new subsection 3404.2.11.3.1 related to the use and installation of underground
storage tanks.
Minutes—December 18,2012
The City regulates the manner of installation of large underground storage tanks to ensure
that the tanks do not float out of the ground during floods or other times when the
underground water table rises. The City's current regulation requires that a 12" concrete
pad be poured in the hole and the storage tanks be secured to the pad. Modern
techniques allow for the anchoring of the tank without the pouring of the concrete slab.
The manufacturers of the storage tanks and professional engineers have perfected such
designs. At the request of local businesses, the proposed amended Ordinance would
allow for the installation of the storage tanks as specified by the manufacturers, plans
approved by professional engineers or the current method described above. The storage
tanks in question are most commonly found at the corner gas station, but have other
applications as well.
Approval of ordinance.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 8, SECTION 8.02.002 OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY ADDING NEW SECTION 3404.2.11.3.1 OF THE INTERNATIONAL FIRE CODE;
PROVIDING FOR SEVERABLITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ,
WRIGHT, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 12 - 098
4. Consider a resolution authorizing eminent domain proceedings to acquire property at 2935
Washington Boulevard for the Washington Boulevard Road Improvement Project.
As part of the Washington Boulevard Road Improvement Project, a portion of two (2)
parcels of land from Interstate 10 to ML King Parkway need to be acquired. Several
contacts have been made to the owner of the property listed below; however administration
has been unsuccessful in communicating with the land owner. The property was appraised
by Bishop Real Estate Appraisers:
0.0036 acre out of Lot 1, Block 1, Dixie Terrace Addition
(2935 Washington Blvd) Value: $750.00
Owner: Ora Mae Guidry Estate
Capital Program.
Approval of resolution.
Minutes—December 18,2012
Councilmember Wright made a motion that the City of Beaumont authorize the use of the
power of eminent domain to acquire a fee simple title interest in 0.0036 acres out of Lot 1
Dixie Terrace Addition, 2935 Washington Boulevard for the purpose of the Washington
Boulevard Road Improvement Projects. Councilmember Smith seconded the motion.
The Mayor asked for a roll call vote.
A roll call vote was taken.
Mayor Ames: Yes
Mayor Pro Tern Coleman: Yes
Councilmember Getz: Yes
Councilmember Wright: Yes
Councilmember Pate: Yes
Councilmember Samuel: Yes
Councilmember Smith: Yes
NAYS: NONE
MOTION PASSED
Resolution 12 — 297
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
COLINCILMEMBER COMMENTS
MAYOR PRO TEM COLEMAN - EXPRESSED CONCERNS AND PRAYERS FOR THE FAMILIES OF
NEWTOWN, CONNECTICUT, WISHED EVERYONE A MERRY
CHRISTMAS AND A HAPPY NEW YEAR
COUNCILMEMBER GETZ - COMMENTED ON AN OPPORTUNITY HE HAD TO ATTEND AN
EVENT AT HARMONY SCIENCE ACADEMY, IT'S A SCHOOL IN
THE WEST END OF BEAUMONT, THE REASON FOR HIS
ATTENDANCE WAS THAT THE STUDENTS SOLD CANDY BARS
TO RAISE MONEY, THEY RAISED $1500.00, THIS FUND
RAISER WAS TO TEACH THE STUDENTS ABOUT CIVIC
INVOLVEMENT, THERE WAS A REPRESENTATIVE FROM THE
SALVATION ARMY THERE TO RECEIVE THE DONATED FUNDS,
THE MONEY WAS GIVEN IN THE SPIRIT OF THE SEASON
COUNCILMEMBER WRIGHT- WISHED EVERYONE A VERY MERRY CHRISTMAS AND A
BLESSED NEW YEAR, BE SAFE, LOVE YOUR FAMILY AND
KEEP THE FAMILIES IN NEWTOWN, CONNECTICUT LIFTED IN
SPIRIT
COUNCILMEMBER PATE - STATED THAT OUR HEARTS GO OUT TO THE FAMILIES IN
NEWTOWN, PLEASE BE MINDFUL OF THE PEOPLE THAT ARE
SUFFERING FROM MENTAL DISORDER, THERE SHOULD BE A
Minutes—December 18,2012
PROGRAM TO GET THEM OFF THE STREETS, IF THEY ARE NOT
WALKING THE STREETS THEY CAN'T DO HARM, HOPES THAT
OUR GOVERNMENT IN WASHINGTON AND IN AUSTIN WILL DO
WHAT THEY CAN TO START A PROGRAM OF THIS SORT,
WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW
YEAR
COUNCILMEMBER SAMUEL - EXTENDED HIS CONDOLENCES TO THE FAMILIES IN
NEWTOWN,ALSO AGREED WITH COUNCILMEMBER PATE ON
THE ISSUES THAT WE ARE HAVING WITH CITIZENS THAT
SUFFER FROM MENTAL DISORDERS AND NOT HAVING THE
ADEQUATE CARE AND PROGRAMS FOR THEM, IT IS HIS HOPE
THAT WE As AMERICANS THINK ABOUT HOW WE WILL
ADDRESS THIS SITUATION, DOESN'T THINK THAT IT'S
THROUGH GUN CONTROL THAT THIS ISSUE WILL GET SOLVED
BUT BY GIVING ASSISTANCE WITH DEALING WITH THE MENTAL
ILLNESS, WISHED EVERYONE A MERRY CHRISTMAS AND A
HAPPY NEW YEAR
COUNCILMEMBER SMITH - PRAYERS GO OUT TO THOSE THAT WERE AFFECTED BY THE
NEWTOWN TRAGEDY, WISHED EVERYONE A MERRY
CHRISTMAS AND A HAPPY NEW YEAR
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - ASKED THAT EVERYONE JOIN HER IN A MOMENT OF SILENCE
FOR THOSE FAMILIES IN NEWTOWN, WISHED EVERYONE A
MERRY CHRISTMAS AND A HAPPY NEW YEAR
Public Comments (Persons are limited to three minutes)
Charles Paul 5615 Phelps Rd. Beaumont TX
Spoke in regards to two things, first the meetings that are held for City Council would like to
see the time changed from 1:30p.m. to 7:00 p.m., this would give citizens a chance to
attend, second would like to see the speed limit changed on 1 -10 from the current 75 mph,
when he gets on the freeway every day from Waldon Rd. it's very difficult to get on with the
speed limit where it is now
Mark Cassidy 1475 IH 10 Beaumont TX
Thankful for the cooperation that he has received from some of the employees in Code
Enforcement, commented that he is still having a problem with Danny Daniels that put a
stop work on his prior job, which was in error, Mr. Daniels used the City's resources to try
and prosecute him as best he could knowing that his complaint was false, he was fined
$2,000.00
Open session of meeting recessed at 2:01 p.m.
Minutes—December 18,2012
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Claim of Debhra Reeves
Claim of Chantesha Bruno
There being no action taken in Executive Session, Council adjourned.
A io available upon request in the City Clerk's Office.
cky e , Mayor v�r�
Tina Broussard, City Clerk A;°
Minutes—December 18, 2012