Loading...
HomeMy WebLinkAboutMIN NOV 22 2016BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III November 22, 2016 Robin Mouton, Mayor Pro Tem 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 November 22, 2016, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor David Hudson of Scott Olive Baptist Church gave the invocation. Boy Scouts/Webelos Christopher Waterstreet, Ethan Senters, and Kaden Knox led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Mouton, Councilmembers Guidroz, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "World Aids Day" - December 1, 2016 - Proclamation read by Mayor Ames; accepted by Cordella Lion, HIV Coordinator at Baptist Hospital along with other guest Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes — November 8, 2016 Confirmation of committee appointments - None A) Approve the purchase of a fork lift from The Equipment Depot, Inc. for use by the Water Utilities Department — Resolution 16 — 229 Minutes — November 22, 2016 B) Authorize the City Manager to execute Change Order No. 1, accept maintenance and authorize final payment to BDS Construction, LLC dba MK Constructors of Vidor for the Avenue A Rehabilitation of the Existing Sanitary Sewer and Water Lines Project - Resolution 16 — 230 C) Authorize the settlement of the claim of Duc Au - Resolution 16 - 231 D) Authorize the settlement of the claim of Kevin Nguyen - Resolution 16 - 232 E) Approve a resolution changing authorized signatories for any institution the City Council has already designated or may designate as a depository for the City of Beaumont for banking and granting authority to approve and initiate electronic funds (wires) or ACH transfers of any and all City funds on deposit at Wells Fargo Bank, NA - Resolution 16 - 233 F) Approve a resolution amending authorized representatives for Texas Local Government Investment Pool (TexPool), a public funds investment pool - Resolution 16 - 234 G) Approve a resolution amending authorized representatives for the Local Government Investment Cooperative (LOGIC), a public funds investment pool - Resolution 16 - 235 H) Approve a resolution requesting a change in investment authority for the City of Beaumont - Resolution 16 - 236 1) Approve a resolution amending authorized signatories for execution of documents related to Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds — Direct Payment Issuer) - Resolution 16 - 237 J) Approve a resolution changing authorized signatories related to the Hurricane Ike Round 2.2 Funds - Resolution 16 - 238 Councilmember Mouton moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to award a bid to LD Construction for the Rehabilitation of Magnolia Avenue (From Gill Street to Liberty Avenue) Project. The section of Magnolia Avenue from Gill Street to Liberty Avenue is a heavily traveled, four (4) lane roadway that crosses IH 10. The existing roadway has experienced numerous failures and after continual repair efforts now requires resurfacing to extend the life of the roadway. Minutes — November 22, 2016 On Thursday, October 27, 2016, three (3) formal bids were received. Contractor Location Bid LD Construction Beaumont, Texas $2,507,067.00 APAC Beaumont, Texas $2,685,378.50 ALLCO Beaumont, Texas $3,126,424.00 On November 8, 2016, the City's engineering consultant, HDR, Inc., of Houston, Texas provided the City with a letter recommending award to LD Construction. Public Works Engineering is in agreement with the consultant's recommendation. A total of 365 calendar days are allocated for the completion of the project. LD Construction is a Certified MBE/HUB company. Approval of resolution. COuncilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LD CONSTRUCTION, OF BEAUMONT, TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 16 - 239 2. Consider a resolution authorizing the City Manager to execute Change Order No. 5 for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway). On March 25, 2014, by Resolution No. 14-067, City Council awarded Brystar Contracting, Inc., of Beaumont, Texas the contract for the Washington Boulevard Pavement and Drainage Improvement Project Phase I (Amarillo to Martin Luther King Parkway) in the amount of $16,478,838.95. This project consists of reconstructing the existing dilapidated asphalt pavement, upgrading its storm sewer system and replacing water and sanitary sewer mains including its appurtenances. Previous Change Order Nos. 1-4, have been reductions in the amount of ($8758.05), making the new contract amount $16,470,080.90. Proposed Change Order No. 5, in the amount of $77,392.60, would consist of additional changes to install a 10" steel casing by bore under the Union Pacific Railroad Tracks Right of Way, a 2" conduit for City's fiber optic communications and traffic signal lights controller lines, the fabrication and installation of new street signs in accordance to City Standards along Washington Boulevard (Amarillo St. to ML King Parkway). The change order would represent an increase of 0.47% to the original contract amount. The new contract amount upon approval of Change Order No. 5 would be $16,547,473.50. Minutes — November 22, 2016 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. 5. Councilmember Guidroz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 16 - 240 3. Consider a resolution approving Change Order Numbers 18 and 19 to the contract with The Texas Department of Transportation (TxDOT) for the Concord Road Project. Texas Department of Transportation (TxDOT) is managing the Concord Road Project. On July 26, 2012, TxDOT entered into an agreement with Tradeco Infrastructura, Inc. in the amount of $11,284,746.71 for the Concord Road Project. On June 10, 2015, Tradeco delivered a voluntary letter of default to TxDOT abandoning and terminating the contract. The Surety Bond held by American Home Assurance Company, is acting in its capacity as the Surety for Tradeco and has chosen Texas Sterling Construction Co., was given the Notice to Proceed with a Substantial Completion Date set at November 23, 2016. Previous Change Order Nos. 1-17, have resulted in a decrease to the original contract in the amount of ($230,797.98) making the new contract amount $11,053,948.73. Proposed Change Order No. 18, in the amount of $24,540.34 is required to increase quantities of three (3) existing items to add lime and lime treatment which will require one (1) additional month of barricade services which were not originally considered in the bidding process. If approved the new contract amount would be $11,078,489.07. Proposed Change Order No. 19, in the amount of $28,659.42 is required to address additional work needed to construct a temporary construction detour to keep traffic flowing smoothly in the construction area that is associated with previously approved Change Order No. 14, by Resolution No. 16-170 on September 13, 2016. If approved the new contract amount would be $11,107,148.49. Approval of resolution. Councilmember GUidroz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 18 AND CHANGE ORDER NO. 19. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL Minutes - November 22, 2016 NAYS: NONE MOTION PASSED Resolution 16 — 241 4. Consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. 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 for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. Approval of resolution. COuncilmember Wright moved t0 APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY, AUTHORIZED TO EXECUTE AN ANNUAL AGREEMENT WITH CAPITAL EDGE ADVOCACY, INC. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 16 — 242 5. Consider amending Section 20.03.004 of the Code of Ordinances related to school speed zones. The Public Works Department has received recent requests to make adjustments to two City of Beaumont school zones which prompted a study be done in the areas of concern. As a result of the study, it is the recommendation of the Public Works Department, in the interest of promoting public safety that schedule A & schedule D for a reduced speed limit school zone listed in the Code of Ordinances be modified to extend the boundaries for the school zone on W. Virginia Street and Westgate Drive as detailed below: Consider lengthening the existing school zone on W. Virginia, eastward, to extend past Sprott Park. To accommodate the students that walk to and from Odom Middle School along this path, the Public Works Department recommends that the best location for the beginning of the new school zone should be right after the Minutes — November 22, 2016 apartments located at 2250 W. Virginia St. at a point 295 west of the centerline of Beale Street. Ordinance should read as follows: Schedule A Street Direction of Travel Description W. Virginia Street E&W From a point 180 feet west of the centerline of Goliad Street to a point 295 feet west of the centerline of Beale Street. 2. Consider lengthening the existing school zone on Westgate Drive, westward, past Ivy Lane. To accommodate the students that walk to and from Sallie Curtis Elementary School, the Public Works Department recommends that the best location for the beginning of the new school zone should be at a point 100 feet west of the centerline of Ivy Lane. Ordinance should read as follows: 0r.heriiile A Street Direction of Travel Description Westgate Drive E&W From the centerline of Peyton Drive to a point 100 feet west of the centerline of Ivy Lane. 3. Consider adding to ordinance an existing school zone from a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. This school zone is complimentary to the school zone on Dowlen Road and is in place to accommodate students that walk to and from Marshall Middle School. The Public Works Department recommends that this school zone be added to the City's Code of Ordinances and should read as follows: 0rhPrliilP n Street Direction of Travel Description Westgate Drive E&W From a point 100 feet west of the centerline of Ivy Lane to a point 295 feet west of the centerline of Dowlen Road. Approval of the amended ordinance. Mayor Pro Tem Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20, SECTION 20.03.004 SPEED LIMIT SCHEDULES AAND D OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councllmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS GUIDROZ, GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes - November 22, 2016 MOTION PASSED Ordinance 16 — 058 WORK SESSION Review and discuss post -employment benefits (retiree health insurance for new hires) Laura Clark, Chief Financial Officer, discussed post -employment benefits (retiree health insurance for new hires). Ms. Clark discussed the Governmental Accounting Standards Board and what it's responsible for as well other post -employment benefits. GASB 27, 45, 68, and 74 were discussed as well as pension benefits, net assets and unrestricted net assets. Basically what this post -employment benefits regarding retiree health insurance for new hires means is that employees that have been employed with the City prior to January 2017, will be grandfathered in and receive retiree benefit subsidies. Those employees that are hired after January, 2017, that stay until retirement will not receive subsidies and will have to pay full cost for any retiree health insurance benefits taken through the City. Review and discuss the operations of the City Attorney's Office Kyle Hayes, City Manager, discussed the operations of the City Attorney's Office. Mr. Hayes stated that the City Charter states, "The City Attorney shall represent the City in all litigations; be the legal advisor of, attorney and counsel for the City and for all officers and departments thereof". The City Attorney "shall have the power to appoint such assistants as may be deemed necessary by him". The City Manager discussed all positions within the City Attorney's office such as: the City Attorney, 1 st Assistant City Attorney, Sr. Assistant City Attorney, Liability Administrator, Administrative Assistant, Legal Assistant, Police Administration Legal Counsel, Assistant City Attorney II (Prosecutor) and Administrative Assistant at (Municipal Court). There was discussion as to the wages and benefits needed to support the Legal Department; the Police Legal Advisor and Municipal Court Prosecutor is $1,100,000. The City of Beaumont is a $250,000,000 operation, providing a myriad of services and functions. There are eleven (11) operating departments and more than 35 divisions within the City. The Legal Department provides the following services to the City Council, City Manager; City Clerk, Department Directors and Divisions Managers, they also provide general legal counsel, contract review/drafting; preparation of ordinances and resolutions, handling of litigations and claims, guidance on municipal elections, property acquisition for city projects, eminent domain proceedings, city grievances and HR compliance issues, fire/police arbitration, public information request processing, seeking AG opinions, gas and electric utility regulation matters, police legal advice, address citizen concerns, provides legal counsel to appointed boards and commissions. COMMENTS Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - COMMENTED ON THE NLC CONFERENCE THAT SHE ATTENDED IN PITTSBURGH, SPOKE REGARDING HER MEETING VERNICE "FLY GIRL" ARMOUR WHO IS A FORMER UNITED STATES MARINE CORPS OFFICER, WHO WAS THE FIRST Minutes — November 22, 2016 AFRICAN -AMERICAN FEMALE NAVAL AVIATOR IN THE MARINE CORPS AND THE FIRST AFRICAN -AMERICAN FEMALE COMBAT PILOT IN THE US ARMED FORCES, STATED SHE HAD THE PLEASURE OF SPEAKING WITH HER ABOUT HER ACCOMPLISHMENTS, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER SAMUEL - STATED THAT THE NLC CONFERENCE THAT HE ATTENDED IN PITTSBURGH WAS VERY INFORMATIVE, WISHED HIS WIFE CAROLYN, A HAPPY BIRTHDAY AND WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER PATE - WISHED EVERYONE A HAPPY THANKSGIVING, APPRECIATED THE BOY SCOUTS FOR ATTENDING THE COUNCIL MEETING ON TODAY, THANKED LAURA CLARK FOR HER SERVICE TO THE CITY OF BEAUMONT, WISHED HER THE BEST OF LUCK IN HER FUTURE ENDEAVORS, COMMENTED ON COACH RAY WOODARD AND HIS BEING DISMISSED AS THE HEAD FOOTBALL COACH FOR LAMAR UNIVERSITY, THANKED HIM FOR ALL THAT HE HAS DONE FOR LAMAR AND WISHED HIM WELL COUNCILMEMBER WRIGHT - THANKED LAURA CLARK FOR HER PRESENTATION AND HELPING HER TO UNDERSTAND IT, THANKED ALL OF THE ORGANIZATIONS IN THE CITY OF BEAUMONT, GIRLS HAVEN, BOYS HAVEN, GIFT OF LIFE, BEAUMONT MAIN STREET, ETC., COMMENTED ON THE CONFERENCE THAT SHE ATTENDED ON LAST WEEK, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER GETZ - THANKED LAURA CLARK FOR HER TIME OF SERVICE, STATED THAT SHE WILL BE TRULY MISSED AND HAS DONE A GREAT JOB, THANKED MEMBERS OF CALDER BAPTIST CHURCH FOR HOSTING THE INTER -FAITH THANKSGIVING SERVICE ON THIS PAST SUNDAY, WISHED HIS WIFE A HAPPY ANNIVERSARY, THEY WILL BE CELEBRATING THEIR ANNIVERSARY CHEERING THE LAMAR BASKETBALL TEAM TO A WIN, WISHED EVERYONE A HAPPY THANKSGIVING COUNCILMEMBER GUIDROZ - STATED THAT HE AND HIS WIFE WILL BE LEAVING IMMEDIATELY AFTER THE MEETING FOR NASHVILLE TO CELEBRATE THANKSGIVING WITH THEIR DAUGHTER AND HER FAMILY, THANKED LAURA CLARK FOR HER YEARS OF SERVICE AND WISHED HER WELL ON HER FUTURE ENDEAVORS, MENTIONED VERNICE "FLY GIRL" ARMOUR, WHO WAS VERY INSPIRATIONAL, WISHED EVERYONE A HAPPY THANKSGIVING Minutes — November 22, 2016 CITY ATTORNEY COOPER - STATED THAT HE RECOGNIZED HIS STAFF BUT FAILED TO RECOGNIZE HIS WIFE WHO WAS IN ATTENDANCE AT THE MEETING, WISHED EVERYONE A HAPPY THANKSGIVING CITY MANAGER HAYES - WISHED EVERYONE A HAPPY THANKSGIVING MAYOR AMES - ASKED THAT COUNCIL MOVE FORWARD, STATED THAT THE COUNCIL HAS DONE SOME GREAT THINGS FOR THE CITY, ASKED THAT COUNCIL RESPECT EACH OTHER AND RESPECT EACH OTHER'S OPINIONS, STATED THAT THEY CAN DISAGREE BUT NOT BE DISAGREEABLE, MENTIONED SEVERAL NON- PROFITS THAT HAD EVENTS THROUGHOUT THE WEEK AND WEEKEND; THE AMERICAN HEART ASSOCIATION HAD THEIR "HEART OF ROCK AND ROLL" WALK, THE DOWN TOWN INTER -FAITH AT CALDER BAPTIST CHURCH, GARTH HOUSE, INDIA FEST, HOPE WOMEN'S GALA, AND THE ALZHEIMER'S ASSOCIATION PORTRAIT LUNCHEON ALL HAD EVENTS, WISHED EVERYONE A HAPPY THANKSGIVING, Public Comments (Persons are limited to three minutes) Jamie Smith 4430 Roberts Ave. Beaumont TX Stated that he came to Council to speak regarding the possibility of outsourcing the Legal Department, was very encouraged by the discussion and what he heard during the Worksession, stated that the perception several weeks ago was that this had nothing to do with fiscal responsibility but with a person geared because they were upset behind another person's raise, personally thinks that Mr. Cooper deserves his raise as did Mr. Hayes, stated that he would hate that the department would be outsourced because there is a great convenience that you can walk down the hall and speak with someone in Legal, also concerned that this outsourcing affects families and this isn't something that they need lingering over their heads during the holidays, encouraged Council to inform their constituents that the need for the petition isn't needed, wished everyone a Happy Thanksgiving Vernon Durden 2110 Westbury Beaumont TX Glad that Council requested the Worksession today, it only lets citizens know what they have already known about Mr. Cooper, he is a man who has worked with a lot of integrity, the community supports him and is proud of him, when he listened to the employees with the large number of years of service and experience that will go out the door, it's disturbing, also when comparing cities budget, the City of Beaumont $1 Million and another City with a cost of $250 Million, there is no comparison, most successful businesses run with less than 18%, that's a very low number, we need to thank Councilmember Getz for bringing this out, told Council they have a challenge right now and that is to ask Councilmember Getz to stand down, wished everyone a Happy Thanksgiving Minutes — November 22. 2016 Paul Jones 10033 Brooks Rd. Beaumont TX Thanked the Mayor, Councilmembers Guidroz, Wright, Pate, Samuel and Mouton for standing up and doing the right thing, appreciated the Worksession, thanked Mr. Cooper and his staff for the great job that they do and wished everyone a Happy Thanksgiving Wilford Richard 3680 Blossom Dr. Beaumont TX Made comments in regards to handouts that were made during the Worksession, stated that Councilmember Getz put the paper on the desk instead of passing them to Councilmember Wright, Ms. Broussard had to get out of her seat and give the handout to Councilmember Wright so that she could pass the handouts on to the rest of the Councilmembers, thinks that Mr. Getz would do the City of Beaumont a great deed by resigning from the City Council, he is no good for Beaumont, he doesn't represent the good for Beaumont, thought Mr. Getz was a good man, he has listened to some of the things that he has said and has watched his actions, stated that actions speak louder than words, said that his principal at Hebert High School had a motto, whatever Hebert does it must be the best and that's what the citizens want the best, wished everyone a Happy Thanksgiving Stated that she was encouraged by what she heard today, wanted to thank all of Council for what they have expressed today, thought it was a very good Worksession, Council needs to work as a team, if Council expects the citizens to move for them they need to move for the citizens, wished everyone a Happy Thanksgiving Paul Brown 4370 Cartwright St. Beaumont TX Wished that life could be like we pretend, it's not that way, as African-Americans we have to fight every day, I feel insulted today that Council's fighting over a man's raise, there were three other people that got raises and nothing was said about theirs, that's insulting, that means you play a race for being a fool, made comments in regards to Mr. Cooper and what a great attorney he is, very good friends with his parents, commended the Mayor for doing an outstanding job, wished everyone a Happy Thanksgiving Laura Clark 801 Main St. Beaumont TX Stated that she has appreciated the opportunity that she has had with the City of Beaumont for the past eleven years with nine as CFO, appreciates the City Manager and the City Attorney and all the work that she has done with them, will continue to keep the City in her prayers, wished everyone a Happy Thanksgiving With there being no Executive Session, Council adjourned at 3:42 p.m. o availab a upon request in the City Clerk's Office. o'er Al :V,710r h-7 AA^ A ,,.� � Tina Broussard, City Clerk !1 1�'' �gr�November 22, 2016