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HomeMy WebLinkAboutMIN DEC 17 2013M 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 II Audwin Samuel, Ward III December 17, 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 December 17, 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 -7 /Consent Agenda Consent Agenda Mayor Pro Tern Wright called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Salles of West End Baptist Church gave the invocation and also led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Pro Tern Wright, Councilmembers Coleman, Getz, Pate, Samuel (arrived at 2:00 p.m.) and Smith. Absent: Mayor Ames. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Ames was absent due to illness. Proclamations, Presentations, Recognitions Presentation — Marie Broussard presented a book written by her niece, titled "No Peanuts Please" the book can be found at Barnes and Nobles as well as Amazon.com. Mrs. Broussard presented the City with four books one for each library. The book is about children's allergies to peanuts, which the author had as a child. Public Comment: Persons may speak on scheduled agenda items 1 -7 /Consent Agenda. None CONSENT AGENDA Approval of minutes - December 10, 2013 Confirmation of committee appointments - Resolution 13 - 277 Dr. Richard Leblanc would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 18, 2015. (Mayor Becky Ames) Minutes — December 17, 2013 A) Approve a resolution approving the purchase of sixty -three portable radios from Motorola Solutions, Inc. of Houston for use by the Police Department — Resolution 13 - 278 B) Approve a resolution approving the purchase of tactical equipment for use by the Police Department — Resolution 13 - 279 C) Approve a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "STEP- Impaired Driving Mobilization- 2014" — Resolution 13 — 280 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS GETZ, COLEMAN, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance amending the Fiscal Year 2014 Budget related to a transfer from the Municipal Airport Fund to the Street Improvement Fund. On August 6, 2013, Council approved a budget amendment in the amount of $54,142,100 which represented a transfer of oil and gas royalties and interest derived from the airport property from the General Improvements Fund to the Municipal Airport Fund. The transfer was made at the request of the Federal Aviation Administration (FAA) so that all oil and gas royalties were accounted forwithin the Municipal Airport Fund rather than the General Improvement Fund. Upon review by the City's Independent Auditor, it was determined that the transfer would classify the Municipal Airport Fund as a major fund for external reporting purposes in the City's Comprehensive Annual Financial Report (CAFR). Presenting the Municipal Airport in this manner could exaggerate the size of the City's airport operations and mislead users of the CAFR. In addition, it is confusing to readers of the CAFR to see a significant amount restricted in the airport fund for street improvements within the city. Thus, on September 24, 2013, Council approved a budget amendment in the amount of $47.8 Million in order to establish a new fund entitled Street Improvements from Airport Royalties. That fund accounts for the oil and gas royalties and the related street improvement projects. The FAA approved of the creation of that fund and the transfer of the royalties. The FY 2014 Budget includes a $12 Million transfer from the Municipal Airport Fund to the Street Improvement Fund. With the creation of the new fund it is no longer necessary to appropriate the transfer. The Municipal Airport's budget should be amended to remove the appropriation and restate the beginning fund balance in order to reflect the amendments. The FAA is in agreement with the proposed amendment. Minutes — December 17, 2013 Approval of Ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE PERIOD COMMENCING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 TO REDUCE THE APPROPRIATION IN THE MUNICIPAL AIRPORT FUND BY $12,000,000. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 072 2. Consider amending Sections 22.05.052(c) and 22.05.211(b)(1)(B) of the Code of Ordinances by increasing the maximum number of garbage containers allowable per customer and establishing a Prep and Delivery Fee for additional containers. Currently, residential and commercial accounts are limited to three (3) containers. In an effort to meet the needs of customers, the proposed amendment increases the limit to five (5). On average, the Solid Waste Division spends $15.00- $20.00 per container for preparation and delivery of extra containers. The costs include labor, fuel costs and sanitizing the container. A fee of $20.00 is being proposed to reclaim those direct costs incurred by the City. This would be a one -time fee for each additional container requested by a customer. This fee would be similar to that of the Reconnect Fee which is $20.00 and charged when a primary container has been picked up in the wake of a customer's water meter being pulled for nonpayment. The Prep and Delivery Fee will be effective for all additional containers requested after January 1, 2014. There are approximately 4,500 additional containers currently in use by customers. The revenue generated by the new Prep and Delivery fee is unknown at this time. Approval of Ordinance. Councilmember Smith moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTION 22.05.052(C) AND 22.05.211 (13)(1)(6), OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE THE MAXIMUM NUMBER OF GARBAGE CONTAINERS ALLOWABLE PER CUSTOMER AND TO ESTABLISH A PREP AND DELIVERY FEE FOR ADDITIONAL CONTAINERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Pate seconded the motion. Minutes — December 17. 2013 AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 — 073 3. Consider a resolution approving an annual contract for the purchase of asphalt, road oil and emulsions from Martin Asphalt, Inc. of Houston for use by the Streets and Drainage Division. Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public Works Department, Streets and Drainage Division for repair and maintenance of City streets. In addition to repair, these materials are used in the Street Rehabilitation Although Cleveland Asphalt, Inc. was the low bid, it is recommended that the bid from Martin Asphalt, Inc. be accepted as the best value to the City. The contract calls for City pickup of material not vendor delivery. The Cleveland Asphalt plant is located north of Shepherd, Texas which is a 160 mile round trip from Beaumont. The cost of sending City trucks and drivers on the 3 hour round trip is not economically justifiable. The Martin Asphalt facility is in Port Neches and has held this contract for several years. Capital Program and General Fund - Public Works Department. Approval of resolution. Councllmember Smith moved to APPROVE A RESOLUTION FOR THE BID SUBMITTED BY MARTIN ASPHALT, INC., OF HOUSTON, TEXAS, FOR A CONTRACT TO PURCHASE ASPHALT, ROAD OIL AND EMULSIONS FOR USE BY THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION FOR AN ANNUAL ESTIMATED AMOUNT OF $140,400 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 13 - 281 4. Consider a resolution authorizing the City Manager to execute an annual agreementwith Capital Edge to provide services as the City of Beaumont's Washington Assistant. Minutes — December 17, 2013 On a yearly basis since 1980, the City has contracted with an organization to provide legislative service on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. General Fund. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE AN ANNUAL AGREEMENT IN THE AMOUNT OF $68,400, WITH AN ADDITIONAL MAXIMUM OF $4,000 FOR REIMBURSABLE EXPENSES, WITH CAPITAL EDGE, TO ACT AS THE CITY OF BEAUMONT'S WASHINGTON ASSISTANT. Councilmember Smith seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 282 Councilmember Samuel arrived at 2:00 p.m. 5. Consider a resolution approving a one year contract with the Greater Beaumont Chamber of Commerce. Funding will be used for marketing Beaumont and business retention /recruitment efforts. Administration is extremely pleased with the relationship between the City and the Chamber. General Fund. Approval of resolution. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO EXECUTE A ONE (1) YEAR CONTRACT WITH THE GREATER BEAUMONT CHAMBER OF COMMERCE IN THE AMOUNT OF $85,000 FOR ECONOMIC DEVELOPMENT PURPOSES EFFECTIVE JANUARY 1, 2014 THROUGH DECEMBER 31, 2014. Councilmember Smith seconded the motion. Minutes — December 17. 2013 AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 283 6. Consider a resolution approving the award of a bid to Allco for the construction of a new Tennis Clubhouse at the Athletic Complex. Nine bids were received on December 5, 2013 for the construction of a new tennis clubhouse. The 8,760 sq. ft. building includes 4,460 sq. ft. of interior space and 4,300 sq. ft. of outdoor covered space. The clubhouse includes pro shop sales floor space with check in counter, lounge, restrooms with lockers and showers, one office, an employee break room and a storage room. The outside space includes a covered walkway leading to the large patio in the rear of the building. The interior lounge opens to the patio through two sets of double doors. The building also includes restrooms that are only accessible from the building's exterior for court players. The building will be constructed on College Street south of the existing tennis courts' parking lot. The building's exterior design is stone and wood with a Galvalume metal roof designed by Labiche Architectural Group of Beaumont. The clubhouse is part of the tennis center's master plan that includes four new covered courts and four new open courts in addition to the sixteen courts in service. The site will be enclosed with a decorative fence with entrance to the tennis courts through the clubhouse. Allco plans to subcontract approximately 19% of the project to certified MBE /HUB vendors. The project is expected to commence in January 2014 and be completed in 210 days. Upon completion, the existing tennis pro shop will be used for storage and playground restrooms. Capital Program. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,144,700 FOR THE CONSTRUCTION OF A NEW TENNIS CLUBHOUSE AT THE ATHLETIC COMPLEX. Councilmember Samuel seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Minutes — December 17. 2013 MOTION PASSED Resolution 13 - 284 7. Consider a resolution approving the purchase of thirty -six vehicles from Silsbee Ford of Silsbee for use by various City departments. Replacement vehicles are requested through the City's budget process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. Thirty -three (33) of the vehicles to be purchased are replacing models ranging from 1991 to 2009. The newer vehicles may be reassigned by Fleet where appropriate. The older vehicles will be disposed of in accordance with the City's surplus equipment policy because age and mileage render them unfit for continued service. Three (3) new vehicles are being purchased to fulfill specific needs. Organizational changes at the Police Department resulting in reassignment of personnel have created the need for an additional Ford Fusion sedan for Administration. Two F -250 pickups are being added for the Solid Waste Division for use by litter abatement crews. Pricing 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. The total purchase price includes the $400 BuyBoard fee. Warranties of 36,000 miles or three (3) years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Capital Reserve Fund, Solid Waste Fund, and Hotel Occupancy Tax Fund. The City intends to seek financing in fiscal year 2014 for pieces of equipment listed below for the Water Utilities Department. Approval of the resolution. Councllmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THIRTY -SIX (36) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS FROM SILSBEE FORD OF SILSBEE, TEXAS, IN THE AMOUNT OF $1,292,815.91 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. Councilmember Pate seconded the motion. AYES: MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 285 Minutes — December 17, 2013 WORK SESSION a= Discuss the issue of city streets being blocked by trains at railroad crossings Tyrone Cooper, City Attorney discussed the issue of city streets being blocked by trains at railroad crossings. Mr. Cooper stated that in 2005 the State Attorney General issued an opinion and it was based primarily on two federal cases, one out of the 5t Circuit case and the other was a Michigan Federal District court case. The one of importance to the City is the 5th Circuit case because it originated out of a city in Texas that addressed the Texas Anti - Blocking Statue. The statue is a provision of the Transportation Code that says a railroad company commits an offense if a train obstructs a street, railroad crossing or public highway for more than ten minutes. Mr. Cooper stated that the City has a similar provision in its ordinance that prohibits the blocking of railroad crossing for five or more consecutive minutes. The railroad regulations and operations are now the exclusive jurisdiction of the Federal Government and have been under their jurisdiction since 1995. The jurisdiction is with the Surface Transportation Board, this board was created as a result of the Interstate Commerce Commission Termination Act of 1995. This act abolished the Interstate Commerce Commission and created the Surface Transportation Board which is a division of the Department of Transportation. The 2001 5th Circuit case has stated that the regulation of rail transportation is the exclusive jurisdiction of the Surface Transportation Board and preempts the remedies provided under State or Local law, specifically that law being the Texas Anti - Blocking Statue. The Courts specifically held that the Texas Anti - Blocking Statue is preempted by the ICCTA it would then preempt the City's ordinance as well. The court says that any limitation on the time a train may block a crossing must come from the Federal Government. Therefore there isn't anything that can be done at the local level. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - THANKED THE CITY EMPLOYEES THAT RECEIVED SERVICE AWARDS AS WELL AS ALL CITY EMPLOYEES FOR THE GREAT JOB THEY DO, WISHED EVERYONE A SAFE AND HAPPY HOLIDAY, ALSO THANKED CARL GUILLORY AND FELICIA JOSEPH FOR INVITING HIM TO THEIR DEPARTMENT HOLIDAY GATHERING, HAD A GREAT TIME COUNCILMEMBER SAMUEL - THANKED ALL OF THE CITY DEPARTMENTS AS WELL AS THE CITY MANAGER FOR ALL THE WORK THEY DO FOR THE CITY OF BEAUMONT, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR COUNCILMEMBER PATE - COMMENTED ON THE EMPLOYEES THAT RECEIVED SERVICE AWARDS FOR 30 AND 40 YEARS THAT SAYS A LOT, STATED THAT THE CITY HAS GREAT AND DEDICATED EMPLOYEES, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR, STATED THAT 2014 WILL BE HERE BEFORE YOU KNOW IT Minutes — December 17, 2013 COUNCILMEMBER GETZ - APPRECIATES ALL OF THE CITY EMPLOYEES AND ALL OF THE HARD WORK THAT THEY DO, COMMENTED ON THE EMPLOYEE CHRISTMAS LUNCHEON, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING AT ROGERS PARK AT 7:00 P.M., WISHED EVERYONE A SAFE AND HAPPY HOLIDAY SEASON COUNCILMEMBER COLEMAN - THANKED ALL OF THE EMPLOYEES FOR ALL THEY DO FOR THE CITIZENS, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR CITY ATTORNEY COOPER - WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR CITY MANAGER HAYES - WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR MAYOR PRO TEM WRIGHT - THANKED THE EMPLOYEES THAT RECEIVED SERVICE AWARDS FOR 30 AND 40 YEARS OF SERVICE, STATED THAT THE MAYOR IS OUT DUE TO ILLNESS, WISHED HER A SPEEDY RECOVERY, WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR MAYOR AMES - ABSENT Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:23 p.m. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. , �C V, U4466.. UJ Minutes — December 17, 2013