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MIN JAN 16 2007 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos,At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern,Ward II Audwin Samuel,Ward III January 16,2007 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 16, 2007, 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 Goodson called the council meeting to order at 1:30 p.m. Reverned James Blackwell of South Park Baptist Church gave the invocation. Mayor Goodson led the Pledge of Allegiance. Roll call was made by Tina Broussard, Deputy City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Smith, Ames, Samuel and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Deputy City Clerk. Proclamations, Presentations, Recognitions None Mayor Goodson read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CON' ENT AGENDA Approval of minutes - Minutes of January 9, 2007 Confirmation of committee appointments - None A) Authorize the acceptance of an acre tract of land out of the A. Williams Survey for street purposes located at 2865 French Road - Resolution 07-010 Minutes-January 16,2007 B) Authorize the acceptance of a fifteen (15)foot wide drainage easement at 2175 Somerset- Resolution 07-011 C) Adopt a resolution urging our State legislators to develop and enact legislation to protect freshwater inflows into Sabine Lake - Resolution 07-012 D) Approve payment for repairs to a 1999 Caterpillar D7R bulldozer- Resolution 07-013 E) Authorize the Mayor to certify to the Office of Rural Community Affairs that the City consents to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant Funds - Resolution 07-014 F) Approve a resolution certifying that the Small Business Revolving Loan fund (RLF) plan is consistent with and supportive of the area's current economic adjustment strategy;and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein - Resolution 07- 015 G) Authorize the settlement of the claim of Paul Henderson - Resolution 06-016 Mayor Pro Tern Beaulieu made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENE=RAL BUSINESS 1. Consider approving a one-year renewal contractwith Carolyn C.Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant - Resolution 07-017 Administration recommended approval of a one-year renewal contract with Carolyn C. Chaney & Associates, Inc. in the amount of $56,317.80. The contract will also include a maximum of$4,000 for reimbursable expenses. The new contract will be effective January 1, 2007. On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City 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. Funds are budgeted for this expenditure in the FY2007 Budget. Page 2 of 7 Minutes-January 16,2007 Councilmember Smith moved to APPROVE RESOLUTION 07-017 THAT THE CITY MANAGER HEREBY APPROVES A ONE-YEAR RENEWAL AGREEMENT IN THE AMOUNT OF$56,317.80 WITH AN ADDITIONAL MAXIMUM OF$4,000 FOR REIMBURSABLE EXPENSES WITH CAROLYN C.CHANEY AND ASSOCIATES,INC.TO ACT AT THE CITY OF BEAUMONT'S WASHINGTON ASSISTANT. THE CONTRACT IS EFFECTIVE JANUARY 1, 2007. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving an annual maintenance agreement for Police, Fire and EMS public safety software support - Resolution 07-018 Administration recommended payment of invoices to Sungard HTE, Inc. for an annual maintenance agreement for OSSI software support for Police, Fire,and EMS public safety in the amount of $216,231.60. SunGard HTE, Inc is used by the Police, Fire and EMS Departments. This purchase is exempt from competitive bidding since is it available from only one (1) source having exclusive rights to modify and maintain the software.The software maintenance agreement provides twenty-four/seven unlimited phone support for 911 dispatching; Monday- Friday, 8-5 support for mobile computers, electronic field reporting and all records management applications; and provides annual software upgrades. As a result of installation dates on this project, the maintenance that was not expected to be due until FY 2008 is due in FY 2007. However, funds are available in the FY 2007 Budget because other expenditures that were initially budgeted in FY 2007 are now expected to be incurred in FY 2008. The maintenance contract will be funded as follows, $150,000 from the Confiscated Goods fund and $66,231.60 from the General Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION ESOLUTION 07-018 THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT OF INVOICES IN THE TOTAL AMOUNT OF .231 216 $ 60 TO SUNGARD HTE, INC., FOR AN ANNUAL MAINTENANCE AGREEMENT FOR OSSI PBULIC SAFETY SOFTWARE SUPPORT FOR AN ANNUAL PERIOD BEGINNING JANUARY, 2007. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving the purchase of automatic flushing devices for the Water Utilities Department - Resolution 07-019 Page 3 of 7 Minutes-January 16,2007 Administration recommended the purchase of Eclipse TM automatic flushing device models 9800-WC for$1,308 each and 9400-WC for$1,248 each from Rural Pipe and Supply, Inc., of Jasper, Texas. The City of Beaumont is required by the Texas Commission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA) to maintain a chlorine residual in the water distribution system. Dead-end water lines in the system must be flushed weekly in order to maintain the required residual to protect public health and safety. The cost of labor and equipment utilized in manually flushing these dead-end water lines is eliminated by the use of automatic flushing devices. The units are equipped with battery operated controls that can be programmed to flush the lines as frequently as required. The devices also measure and record the volume of water used during the flushing operations. Bids were solicited from nine (9)vendors for furnishing either Hydro Guard®or Eclipse TM brand automatic flushing devices. Bid specifications requested pricing for approximately twenty-five (25) Hydro Guard® HG2 or Eclipse TM 9800-WC units and twenty (20) Hydro Guard® HG1 or Eclipse TM 9400-WC units. Specifications allow the quantities to be adjusted based on the needs of the City. Funds are budgeted in the Water Utilities Fund for this expenditure in the amount of $57,660. Councilmember Ames made a motion to APPROVE RESOLUTION 07-019 THAT THE BID SUBMITTED BY RURAL PIPE & SUPPLY, JASPER, TEXAS, FOR THE PURCHASE OF AUTOMATIC FLUSING DEVICES FOR THE WATER UTILITIES DEPARTMENT IN THE AMOUNT OF $57,660 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving an annual maintenance agreement for electronic email software support - Resolution 07-020 Administration recommended payment of an invoice to SHI Government Solutions (IBM business partner) for reinstatement of an annual maintenance agreement for software support in the amount of$31,996.50. Lotus Notes email software is used by all City departments. This maintenance agreement provides for six hundred fifty four (654) City employees to upgrade to the current release of software. The agreement provides unlimited telephone support and updates during the annual term. The agreement is for an annual period beginning January 2007. Funds are available in the Fiscal Year 2007 Budget. Page 4 of 7 Minutes-January 16,2007 Councilmember Smith made a motion to APPROVE RESOLUTION 07-020 THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT OF AN INVOICE IN THE AMOUNT OF $31,996.50 TO SHI GOVERNMENT SOLUTIONS FOR REIMBURSEMENT OF AN ANNUAL MAINTENANCE AGREEMENT FOR INTERNATIONAL MACHINES, LOTUS NOTES, ELECTRONIC EMAIL SOFTWARE SUPPORT FOR AN ANNUAL PERIOD BEGINNING JANUARY,2007. Council member Beau lieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORK.SESSION Discuss observations and recommendations regarding the operation of Municipal Court Council member Beaulieu and Councilmember Samuel respectively gave reports regarding information received after talking with Staff, Court Administrator and Municipal Court Judges on concerns in Municipal Court. Some of the key topics discussed were warrants, repeated extensions, community service guidelines, minimum fines, dismissals, limits of dismissals, capius warrants and court appearances. Mayor and Council decided after a lengthy discussion that they would like to review reports from each Councilmember and have another workshop in the near future. Review and discuss a plan for updating the Code of Ordinances Jim Thompson, Director of Parks and Recreation discussed the process of updating the Code of Ordinances forthe City of Beaumont, he stated that each section will be presented to Council for review, and that the Code of Ordinances had not been updated since 1978. Mr. Thompson explained to Council the changes that have been made and how, he stated that anything in blue with a line through it means that it has been omitted, the wording underlined in red are changes made, he also discussed Chapter two with Council. The City also selected Franklin Legal as the new vendor for the Code of Ordinances. Discuss a request to name the Neches River bridge the "Purple Heart Memorial Bridge" Delano Reeves with the Military Order of the Purple Heart discussed the name change of the Neches River bridge to the Purple Heart Memorial Bridge, Mr. Reeves stated that the Purple Heart's met with TxDot as well and would like the support of the City of Beaumont. The President of the Military Order of the Purple Heart, Mr. Octavio Laguna also spoke to Council regarding the name change, he discussed the Chapter as well as the 37,000 members it has. COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - COMMENTED ON THE NUMBER OF ACTIVITIES THAT OCCURRED THIS PAST WEEKEND CELEBRATING THE MARTIN LUTHER KING JR. HOLIDAY; AS WELL AS THE ATTENDANCE Page 5 of 7 Minutes-January 16,2007 COUNCILMEMBER SAMUEL- DISCUSSED THE MEETING HE ATTENDED IN CORONADO CALIFORNIA ON LAST WEEK FOR NATIONAL LEAGUE OF CITIES CONFERENCE; NOTED SOME OF THE TOPICS THAT WERE DISCUSSED SUCH AS STATE AND FEDERAL FUNDING FOR LAW ENFORCEMENT BLOCK GRANTS, CONTINUED FUNDING FOR THE COPS PROGRAM, HOUSING ISSUES, PREDATORY LOANS, MORTGAGE FORECLOSURES AND THE INCREASE IN VIOLENT CRIMES; HOMELAND AND HOME TOWN SECURITY AS WELL AS TRANSPORTATION FUNDING; ALSO INFORMED EVERYONE THAT HE HAD BEEN CHOSEN AS THE CHAIRMAN OF THE PUBLIC SAFETYAND CRIME PREVENTION POLICY AND ADVOCACY COMMITTEE COUNCILMEMBER AMES - THANKED COUNCILMEMBERS BEAULIEU AND SAMUEL FOR THEIR REPORTS REGARDING MUNICIPAL COURT; LOOKING FORWARD TO HEARING FROM THE JUDGES AND STAFF OF MUNICIPAL COURT. CONGRATULATED COUNCILMEMBER SAMUEL MAYOR PRO TEM BEAULIEU - CONGRATULATED COUNCILMEMBER SAMUEL ON HIS APPOINTMENT OF CHAIRMAN COUNCILMEMBER SMITH - ANNOUNCED THAT SHE WOULD BE SEEKING REELECTION FOR WARD I; CONGRATULATED COUNCILMEMBER SAMUEL ON HIS APPOINTMENT OF CHAIRMAN; THANKED COUNCILMEMBERS SAMUEL AND BEAULIEU FOR THEIR REPORT REGARDING MUNICIPAL COURT MAYOR GOODSON - CONGRATULATED COUNCILMEMBER SAMUEL ON HIS APPOINTMENT;THANKED EVERYONE INVOLVED IN THE WORK SESSION ON TODAY; THANKED THE JUDGES OF MUNICIPAL COURT FOR BEING IN ATTENDANCE AT THE WORKSESSION; APOLOGIZED TO CHIEF JUDGE [MCNICHOLAS], JUDGE JOHNS AND JUDGE LIVELY FOR NOT HAVING THEIR APPOINTMENT AT THE SCHEDULED TIME AND THE ITEMS WILL APPEAR ON THE JANUARY 30, 2007 MEETING AGENDA CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Public Comments (Persons are limited to three minutes) Allen Lee 5095 Maddox Street Beaumont TX Spoke regarding the four man engine and the fire department; the Community Access Committee and their plans; also the grant from Homeland Security- Fire Safer Grant fund; inquired as to whether the City Manager would be applying for this grant Page 6 of 7 Minutes-January 16,2007 Rex Johnson 4350 Chaison Beaumont TX Concerned about an incident that occurred at Best Buy and the off duty Beaumont Police officers who were working in the store Leroy Lewis III 8550 Baker Beaumont TX Thanked the citizens of Beaumont for participating in the M.L. King Jr. parade; discussed issues at the public library on Fannett Road; concerned about the lack of lights between College and Pinchback as it is very dark at night especially for emergency vehicles Joe Lewis Box 62 Beaumont TX Discussed racial problems within the City of Beaumont Open session of meeting recessed at 3:18 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Jacorri Brazier There being no action taken in Executive Session, Council adjourned. Audio tapes ava' le on request in the City Clerk's Office. Gu N. Goodson, Mayor ` b—um n pN Tina Broussard y, rn i ry... 1 D t epu y City Clerk I AW Page 7 of 7 Minutes-January 16,2007