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MIN MAY 22 2007 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Lulu L.Smith,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern,Ward II Audwin Samuel,Ward III May 22, 2007 Bobbie Patterson,Ward IV Tyrone., E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, Interim City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on May 22, 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 1-8/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Reverend Dwight Benoit, Magnolia Missionary Baptist Church gave the invocation. Ashley and Travis Walker led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim 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, Interim City Clerk. ELECTION OF MAYOR AND COUNCILMEMBERS Consider approval of an ordinance canvassing the results of the May 12, 2007 City General Election - Ordinance 07-056 Administration recommended canvassing the returns of the General Election of the City of Beaumont held jointly with Jefferson County, on the 12th day of May, 2007, for the purpose of electing a Mayor,two Councilmembers-At-Large, Councilmembers Wards I, 11, 111,and IV;a Park Proposition authorizing the sale of Hebert Park, Maple/Oakland Park and a portion of Pipkin Park, and ordering a Run-Off Election in the City of Beaumont, Texas, on the 30th day of June, 2007, to determine who shall be Councilmember in Ward I. No candidate for Councilmember Ward I received the necessary votes required by City Charter to be elected, a Run-Off election is required. The run-off election will be between Marty Craig and Allen Coleman, also a recount has been filed relating to the Ward IV position which delays the swearing in of the Ward IV Councilmember. In accordance with the City Charter, the State Constitution and general laws of the State of Texas, a Run-Off election is hereby called and ordered for June 30, 2007, at which election all legally qualified votes residing in Ward I of the City of Beaumont may vote for the purpose of electing a Councilmember for Ward I. Minutes-May 22,2007 Early voting by personal appearance shall be conducted at the main early voting location at the Jefferson County Court House, 1001 Pearl Street, Beaumont, Texas, or at the following branch early voting location: BISD Administration Building, 3395 Harrison Avenue, Beaumont, Texas. Mayor Pro Tern Beaulieu move tO ADOPTORDINANCE 07-056AN ORDINANCE CANVASSINGTHE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD JOINTLY WITH JEFFERSON COUNTY, ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, COUNCILMEMBERS WARDS I, II, III AND IV; A PARK PROPOSITION AUTHORIZING THE SALE OF HEBERT PARK,MAPLE/OAKLAND PARK AND A PORTION OF PIPKIN PARK, AND ORDERING A RUN-OFF ELECTION IN THE CITY OF BEAUMONT, TEXAS, ON THE 30TH DAY OF .TUNE, 2007, TO DETERMINE WHO SHALL BE COUNCILMEMBER IN WARD I, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Administration of the Oath of Office: The results of said regular City election are and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor Becky Ames 51.46% For Councilmember-At-Large Gethrel Williams-Wright 27.39% For Councilmember-At-Large W.L. Pate, Jr. 27.80% For Councilmember Ward II Nancy Beaulieu 100.00% For Councilmember Ward III Audwin M Samuel 85.04% Judge James D. McNicholas, Chief Magistrate, swore in the following: Becky Ames Mayor W.L. Pate, Jr. Councilmember-At-Large Judge Theodore Johns, City Magistrate, swore in the following: Audwin M. Samuel Councilmember Ward III Gethrel Williams-Wright Councilmember-At-Large Judge Craig Lively, City Magistrate, swore in the following: Nancy Beaulieu Councilmember Ward II Page 2 of 13 Minutes-May 22,2007 Following the Oaths of Office Council recessed at 1:55 p.m. Recess Mayor Ames reconvened the Council meeting at 2:30p.m., and a new roll call was requested. Present were Mayor Ames, Mayor Pro Tern Beaulieu, Councilmembers Smith, Wright, Pate, Samuel and Patterson. Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney, Tina Broussard, Interim City Clerk. Mayor Ames asked Councilmembers if they wished to make special comments at this time. COUNCILMEMBER WRIGHT- THANKED EVERYONE FOR THE WONDERFUL ENDORSEMENTS AND VOTES, RECOGNIZED HER HUSBAND, AUNT, DAUGHTER AND GRANDDAUGHTER. RECOGNIZED THE FIREMEN, POLICEMEN, MINISTERIAL ALLIANCE,THE SABINE AREA LABOR COUNCIL AND THE BEAUMONT ENTERPRISE COUNCILMEMBER PATE- HONOR TO REPRESENT THE CITIZENS OF BEAUMONT, TAKE PRIDE IN BEING FROM A GREAT COMMUNITY,WORKING TOGETHER ALL OF THE COUNCIL CAN MAKE BEAUMONT BETTER,LOOKS FORWARD TO WORKING WITH ALL OF THE COUNCIL,AND SOUTHEAST TEXAS COUNCIMEMBER SMITH- IT HAS BEEN A WONDERFUL EIGHTEEN YEARS,WISHED COUNCIL THE BEST MAYOR PRO TEM BEAULIEU- IT IS AN HONOR TO SERVE AS WARD II COUNCILMEMBER, THE CITY HAS AN EXCELLENT STAFF, LOOKS FORWARD TO WORKING WITH EVERYONE,AND THANKED EVERYONE FOR BEING PRESENT TODAY COUNCILMEMBER SAMUEL- HUMBLED BY THE OPPORTUNITY TO SERVE, THANKED ALL OF THE CITIZENS OF BEAUMONTTHAT HAS SUPPORTED HIM IN THE PASTAND PRESENT,THANKED ALL THAT VOTED FOR HIM AND THOSE THAT DID NOT. THANKED ALL OF THE COUNCILMEMBERS AND LOOK FORWARD TO SERVING WITH EACH OF THEM. THANKED COUNCILMEMBER SMITH, STATED THAT IT HAS TRULY BEEN A PLEASURE TO WORK WITH HER AND SHE HAS GIVEN HER HEART AND SOUL TO THE COUNCIL AND THE COMMUNITY COUNCILMEMBER PATTERSON- WELCOMED THE NEW COUNCILMEMBERS,CONGRATULATED MAYOR PRO TEM BEAULIEU,COUNCILMEMBER SAMUEL AND MAYOR AMES, COUNCILMEMBER PATTERSON ALSO STATED SHE WOULD RESERVE HER COMMENTS FOR COUNCILMEMBER SMITH, AS WELL AS HERSELF,FOR THE RECEPTION HONORING THE OUTGOING ELECTED OFFICIALS THAT WILL BE HELD ON MAY 31, 2007 Page 3 of 13 Minutes-May 22,2007 MAYOR AMES - APPRECIATED THE ATTENDANCE ON TODAY, THIS IS AVERY IMPORTANT DAY FOR THE ENTIRE CITY, LOOKING FORWARD TO GETTING TO KNOW THE NEWLY ELECTED COUNCILMEMBERS, COMMENTED ON MAYOR GUY GOODSON, THAT HE WAS A GREAT PERSON TO SERVE ALONG SIDE OF, ALSO ON MAY 31, 2007 A RECEPTION WILL BE GIVEN FOR ALL THE OUTGOING COUNCILMEMBERS. WANTED TO THANK HER HUSBAND RODNEY FOR EVERYTHING HE HAS DONE FOR HER CAMPAIGN AND ALL VOLUNTEERS,THANKED TONYA LEE AND BUDDY LOWE,HER FAMILY AS WELL AS THE VOTERS. DISCUSSED SOME ISSUES PERTAINING TO THE CITY STAFF AS WELL AS THE CITY ITSELF,THANKED THOSE THAT VOTED FOR HER AND THOSE THAT DID NOT. THE MAYOR EXTENDED HER HAND OF FRIENDSHIP TO ALL Proclamations, Presentations, Recognitions "Motorcycle Awareness Month" - May, 2007 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by David Die "National Public Worsk Week" - May, 20-26, 2007 - Proclamation read by Councilmember Williams-Wright; accepted by Tom Warner and Hani Thome "Hurricane Awareness Week" - May, 20-26, 2007 - Proclamation read by Councilmember Pate; accepted by Tim Ocnaschek Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda. None CONSENT AGENDA Approval of minutes - May 8, 2007 Confirmation of committee appointments - Resolution 07-134 Kathleen L. Leaf would be reappointed to the Library Commission. The current term would expire February 15, 2009. (Mayor Pro Tern Nancy Beaulieu) Rudy Beeching would be appointed to the Small Business Revolving Loan Fund Board. The term would commence May 22, 2007 and expire May 21, 2009. (Mayor Pro Tern Nancy Beaulieu) A) Authorize the City Manager to apply for and accept a Tobacco Compliance Grant from the Texas Comptrollers Office - Resolution 07-135 B) Authorize the City Manager to execute a Public Right-of-Way Agreement to provide local exchange telephone service - Resolution 07-136 C) Approve a resolution amending Resolution 07-023 supporting a request from the Golden Triangle Military Order of Purple Heart Chapter 1991 to name the bridge over the Neches River "Purple Heart Memorial Bridge" - Resolution 07-137 Page 4 of 13 Minutes-May 22,2007 Mayor Pro Tern Beaulieu made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract for the Wendelin and Kelly Drive Pavement Improvement Project - Resolution 07-138 Administration recommended awarding the contract for the Wendelin and Kelly Drive Pavement Improvement Project to L. D. Construction in the amount of$705,433.50. On April 26, 2007, the City of Beaumont received four(4) bids for the Wendelin and Kelly Drive Pavement Improvement Project. The lowest bid was submitted by L. D. Construction in the amount of$705,433.50. A copy of the bid tabulation sheet is attached. L. D. Construction is a certified Minority Owned Business Enterprise. Funds are available in the Capital Program. Councilmember Samuel moved to APPROVE RESOLUTION 07-138 THAT THE BID SUBMITTED BY L.D. CONSTRUCTION OF BEAUMONT, TEXAS, FOR THE WENDELIN AND KELLY DRIVE PAVEMENT IMPROVEMENT PROJECT IN THE AMOUNT OF $705,433.50 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a contract to reconstruct the driveways at Fire Stations No. 2 and 7 - Resolution 07-139 Administration recommended the award of a bid to Bruce's General Construction of Beaumont in the amount of$123,660 forthe replacement of the driveways at Fire Stations No. 2 and No. 7. Driveways, at Fire Station No. 2 located at 4495 Ironton and Fire Station No. 7 located at 1710 McFaddin, have failed and must be replaced. These driveways, constructed at the time the facilities were built, cannot support the weight of the equipment and vehicles that are now in use. Page 5 of 13 Minutes-May 22,2007 Alternates include constructing concrete pads for backup generators at both stations and additional parking spaces at Fire Station No. 7. Unit prices for furnishing all materials, labor, and equipment necessary to remove sub-grade soft spots were also requested. Price per cubic yard includes removal and excavation, furnishing 60/40 fill material and compacting to proper density. Work will be completed within twenty-one (21) days. Bruce's General Construction is a certified Minority Owned Business Enterprise. Funding is available in the Capital Program. Councilmember Smith made a motion to APPROVE RESOLUTION 07-139 THAT THE BID SUBMITTED BY BRUCE'S GENERAL CONSTRUCTION OF BEAUMONT,TEXAS,FOR A CONTRACT FOR THE REPLACEMENT OF THE DRIVEWAYS AT FIRE STATION NOS. 2 AND 7 IN THE AMOUNT OF $123,660 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving the purchase of digital emergency radio equipment for use in the Fire Department - Resolution No. 07-140 Administration recommended the purchase of radio equipment through the Houston- Galveston Area Council (H-GAC) Cooperative Purchasing Program at a total cost of $51,831.47, with the equipment to be ordered from Motorola. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. All contracted items have been bid in accordance with the State of Texas procurement statutes. The radio equipment being purchased is to facilitate emergency response by the Fire Department. The purchase will assist the Beaumont Fire Department to migrate from analog radios to digital radios. The digital technology allows for clearer reception and transmission on the 800 MHZ frequency than does the analog. The equipment to be purchased includes fifteen (15)XTS 2500 Digital Portable Units with related support devices. The purchase price will include a three (3) year full warranty on all equipment. Warranty service will be provided by Motorola. Funds for the expenditure will be provided by a 2006 State Homeland Security Program (SHSP) grant, with no matching funds required. Page 6 of 13 Minutes-May 22,2007 Councilmember Smith made a motion to ADOPT RESOLUTION 07-140THATTHECITYCOUNCIL HEREBY APPROVES THE PURCHASE OF FIFTEEN (15) XTs 2500 DIGITAL PORTABLE UNITS WITH RELATED SUPPORT DEVICES FOR USE BYTHE FIRE DEPARTMENT FROM MOTOROLATHROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)IN THE AMOUNT OF$51,831.47. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTTERSON NAYS: NONE MOTION PASSED 4. Consider approving Change Order No. 1 related to the Martin Luther King,Jr. Park Project - Resolution 07-141 Administration recommended approval of Change Order No. 1 for upgrading the specified 2 ft. x 2ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick pavers in a charcoal finish. The total cost for the upgrade is $47,476. The original bid document, prepared by Leap Engineering, failed to specify the agreed upon paver to be used in the construction of the walkway. Bidders provided prices for a common 2 ft. x 2 ft. concrete paver. The walkways were designed using a Hanover Limestone Grey with a Tudor finish paver and the memorial brick pavers were requested in a charcoal finish. The specified walkway and memorial brick pavers are a part of the park's architectural design. The total cost forthe upgrade including the memorial pavers is$47,476.This change order increases the contract amount to$695,476 and represents a 7.3% increase from the base bid. No additional days for completion were requested. Funding is available in the Capital Program. Councilmember Samuel made a motion to APPROVE RESOLUTION 07-141 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 INCREASING THE CONTRACT AMOUNT BY $47,476 FOR A TOTAL CONTRACT AMOUNT OF $695,476 FOR THE CONSTRUCTION OF MARTIN LUTHER KING,JR. PARK. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving the purchase of nine(9)baseball scoreboards forthe Athletic Complex - Resolution 07-142 Page 7 of 13 Minutes-May 22,2007 Administration recommended the purchase of nine (9) baseball scoreboards from Olen Williams, Inc. of Euless, TX through the BuyBoard contract at a total cost of$43,865. The Texas Local Government Purchasing Cooperative's BuyBoard offers products and services that have been submitted for competitive bidding as outlined by state statute. Olen Williams, Inc. is currently contracted with BuyBoard to provide Fair-Play scoreboards to members of the purchasing cooperative. The scoreboards at the Athletic Complex on College Street were damaged during Hurricane Rita. Complex 1, Complex 2, and Complex 3 each contain three (3) scoreboards. The Fair-Play Model BA-7109CL-2 wireless electronic scoreboards are nine (9) feet in length. They have wide amber LED digits which allows excellent readability from various angles during day and night games. Delivery of the new scoreboards is expected within four (4) to five (5) weeks after being ordered. Funds are budgeted for this expenditure in the Capital Reserve Fund. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-142 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF NINE(9)BASEBALL SCOREBOARDS FROM OLEN WILLIAMS, INC., OF EULESS, TEXAS, IN THE AMOUNT OF $43,865 FOR THE ATHLETIC COMPLEX THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE'S BUYBOARD. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider authorizing the City Manager to receive additional funding through the Department of Homeland Security Buffer Zone Protection Plan Program-Resolution 07- 143 Administration recommended authorizing the City Manager to receive additional funding up to $100,000 through the Department of Homeland Buffer Zone Protection Plan Program. Resolution 06-073 approved acceptance of $49,969.62 for Arkema Chemical. The Department of Homeland Security has made available additional funding to purchase law enforcement equipment. Additional funding up to $100,000 in law enforcement equipment with no matching funds from the city. Page 8 of 13 Minutes-May 22,2007 Councilmember Wright made a motion to APPROVE RESOLUTION 07-143 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO RECEIVE ADDITIONAL FUNDING UP TO $100,00 THROUGH THE DEPARTMENT OF HOMELAND BUFFER ZONE PROTECTION PLAN PROGRAM TO PURCHASE LAW ENFORCEMENT EQUIPMENT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider approving a contractforthe Summer Food Service Program-Resolution 07-144 Administration recommended awarding a contract to Moncla's, Inc. of Beaumont, Texas, forfurnishing lunches forthe Summer Food Service Program sponsored bythe Recreation Division in the amount of$3.14 per lunch served. The program, which is funded by the U.S. Department of Agriculture and administered by the Texas Department of Human Services, provides free, nutritious, and well balanced meals to any child up to eighteen (18) years of age. This is the fifteenth year the Recreation Division has participated in this program. The 2007 Summer Food Service Program will provide lunches at the following nine (9) locations: SITE ADDRESS L.L. Melton Y.M.C.A. 3455 Sarah Sprott Park 4325 Usan Roberts Park 2755 Avenue C Alice Keith Park 4050 Reed SE TX Family Resource Center 2060 Irving Magnolia Park 2930 Gulf Tracewood Apartments 4925 Concord North Ridge Apartments 4155 Maida Fconcord Homes Apartments 2020 Cottonwood The program will begin June 4, 2007 and continue through August 10, 2007. Lunches will be served Monday through Friday excluding the Independence Day holiday on July 4, 2007. The cost of $2.87 per lunch served will be reimbursed to the City from the Texas Department of Human Services. The balance of $.27 per lunch will be funded by the Page 9 of 13 Minutes-May 22,2007 Recreation Division's operating budget. The estimated total cost based on serving an estimated quantity of 38,220 lunches at $3.14 each is $120,011. Councilmember Wright made a motion to APPROVE RESOLUTION 07-144 THAT THE BID SUBMITTED BY MONCLA'S, INC., BEAUMONT,TEXAS, FOR THE SUMMER FOOD SERVICE PROGRAM SPONSORED BY THE RECREATION DIVISION FOR AN ESTIMATED QUANTITY OF 38,220 LUNCHES SERVED IN THE AMOUNT OF$3.14 PER LUNCH FOR AN ESTIMATED EXPENDITURE OF$120,011 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED WORIKSESSION Review and discuss amending the FY 2007 Budget to increase expenditures in the Water Utilities Fund Hani Thome, Water Utilities Director discussed the reason for amending the FY 2007 Budget to increase expenditures in the Water Utilities Fund, Hani stated that at the close of the fiscal year that ended September 30, 2006, the Water Utilities had several projects in progress or scheduled to begin. Those projects were included in the FY 2006 budget, but were not completed in that year. Also, they were not re-budgeted in the FY 2007 budget. Funds are now needed to complete the FY 2006 projects and are now available. Hani also discussed Well No. 2 in Lumberton, Texas which began pumping in March, 2007. Shaumberg and Polk, Inc. investigated the problem and proposed a solution of drilling a new well on the same site at a projected cost of$1,500,000. Drilling a new well will maintain the same capacity, retain the water rights, and provide a permanent solution for the next (50)fifty years. This project is not budgeted in FY 2007. To wait and include in the FY 2008 budget creates a risk because Well No. 1 is the same age as Well No. 2, and although it may not be producing large volumes of sand at this time, it is plausible that problems could develop in Well No. 1 also. The loss of another well would create an emergency situation. 8. Consider approving an ordinance amending the FY 2007 Budget to increase expenditures in the Water Utilities Fund - Ordinance 07-057 Administration recommends amending the FY 2007 Budget to include $1,231,705 for FY 06 water projects that are being completed in FY 07 and $1,500,000 to replace Well No. 2 in Lumberton. The detail of this proposal is attached. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations in the Water Utilities Fund. In accordance with Article VI of the City Charter, the City Manager shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget,and there is an available unencumbered balance of the appropriation Page 10 of 13 Minutes-May 22,2007 sufficient to pay the liability to be incurred. An appropriation is necessary in order to expend funds to complete the referenced projects. The proposed FY 2007 Budget amendment will increase total appropriations by $2,731,705. Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues are not able to fully sustain them. Councilmember Smith made a motion to ADOPT ORDINANCE 07-057 ENTITLEDAN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2007 TO ALLOCATE $2,731,705 FROM THE FUND BALANCE TO THE WATER UTILITIES FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, WRIGHT, PATE, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- NONE COUNCILMEMBER WRIGHT- COMMENTED WHILE AT ROGERS PARK DURING EARLY VOTING MET A GIRL SCOUT THAT QUESTIONED HER REGARDING THE CITY ELECTION,IT WAS WONDERFUL TO SEE YOUNG PEOPLE INTERESTED IN WHAT IS GOING ON WITH OUR CITY, ALSO ENJOYED THE NEW COUNCIL ORIENTATION SHE ATTENDED,LOOKING FORWARD TO WORKING WITH THE CITY MANAGER, CITY ATTORNEY, THE DEPARTMENT HEADS AND ALL OF COUNCIL MAYOR PRO TEM BEAULIEU - THANKED ALL VOLUNTEERS THAT WORKED THE SOAP BOX DERBY RACE,THIS WAS A GREAT FAMILY EVENT AND GREAT FOR THE KIDS COUNCILMEMBER PATE- COMMENTED THAT MONDAY MAY 28, 2007 IS MEMORIAL DAY, AND WANTED EVERYONE TO STOP AND THINK ABOUT WHAT THAT DAY IS AND WHY, MANY THINK IT IS JUST A DAY OFF BUT IT IS NOT,MEMORIAL DAY IS ABOUT THE SACRIFICE THAT HAS BEEN MADE BY AMERICANS, SO WE CAN SIT IN A FREE COUNTRY TO DISCUSS THE ISSUES WE ARE DISCUSSING, TO MAKE THE DECISIONS IN A FREE SOCIETY, WOULD LIKE TO ENCOURAGE ALL CITIZENS TO REMEMBER WHAT MEMORIAL DAY MEANS COUNCILMEMBER SAMUEL- THANKED HANI THOME AND ALL OF HIS STAFF FOR ALL THE WORK THAT THEY DO IN THE RAIN, DITCHES, SEWER ON A DAILY BASIS. THANKED THE BRICKYARD NEIGHBORHOOD ASSOCIATION, THEY HAD THEIR NORTH BEAUMONT CLEAN Page 11 of 13 Minutes-May 22,2007 UP, THERE WAS A GREAT TURN OUT, THANKED CITY STAFF FOR THE RUNNING OF TRASH TRUCKS, ALSO THANKED PASTOR LEWIS AND ST. LUKE BAPTIST CHURCH FOR PROVIDING THE FOOD AND REFRESHMENTS COUNCILMEMBERPATTERSON - CONGRATULATED ALL THE NEWLY ELECTED COUNCILMEMBERS, ALSO WANTED TO THANK THE WATER UTILITIES DIRECTOR AND STAFF AND WANTED TO LET THEM KNOW THAT THEY PLAY AN IMPORTANT PART IN ALL CITIZENS LIVES CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - CONGRATULATIONS TO ALL OF THE NEWLY ELECTED COUNCILMEMBERS,LOOK FORWARD TO WORKING WITH ALL OF THEM AND CONTINUING THE PROGRAMS ACHIEVED BY WORKING TOGETHER MAYOR AMES - NONE Public;. Comments (Persons are limited to three minutes) Leroy Lewis III 8550 Baker Rd. Beaumont TX Congratulated the newly elected councilmembers, discussed the voting machines and firefighters on election day John Werner 1 Oakleigh Blvd. Beaumont TX Congratulated all elected officials on behalf of the Beaumont Professional Firefighters,the citizens of the election have placed their trust in all of the officials, as you all have placed your trust in the firefighters to do their jobs to help the citizens, the firefighters look forwarding to working with all of Council Galen Key 2836 Old Spurger Hwy Silsbee TX Congratulated all of the elected officials, wanted to extend a hand on behalf of the firefighters to the entire Council, would like to make a better relationship between the Council, Mayor, City Manager and City Attorney Tommy May 4670 N. Main Pine Forest TX Congratulated the Mayor and Council on the election, on behalf of the firefighters we are looking forward to working with all of Council Page 12 of 13 Minutes-May 22,2007 Crystal Holmes 255 College Beaumont TX Spoke to Council regarding Emergency Management,encourage Mayor and Council to get involved to inform all citizens about the 211 system, this system was put in place so that if anyone needs a ride out of town during an evacuation. This number will get them preregistered. For those with special medical needs, they need to make their own arrangements. If more information is needed please call the Beaumont Police Department or the Beaumont Fire Department, they will be glad to answer any questions With their being no Executive Session the meeting adjourned at 3:44 p.m. Audio recordings are available upon request in the City Clerk's Office. B cky Ame ayor Tina Broussard, Interim City Clerk Page 13 of 13 Minutes-May 22,2007