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MIN JUN 12 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 Tem,Ward II Audwin Samuel,Ward III June 12,2007 Jamie Smith,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 June 12, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Patrick"Big Jim"Salles of the West End Baptist Church gave the invocation. Private Tyler Mann, Son of Dr. and Mrs. Hanie Tohme, Director of Water Utilities led the Pledge of Allegiance. Roll call was made by Tina Broussard, Interim City Clerk. Present at the meeting were MayorAmes, Mayor Pro Tern Beaulieu,Councilmembers Lulu Smith, Wright, Pate, Samuel and Jamie Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, Interim City Clerk. Proclamations, Presentations, Recognitions None Public: Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - June 5, 2007 Confirmation of committee appointments - Resolution 07-167 William Sam would be appointed to the Community Development Advisory Committee. The term would commence June 12, 2007 and expire June 11, 2009. (Councilmember Jamie D. Smith) Georgine Guillory would be appointed to the Community Development Advisory Committee. The term would commence June 12, 2007 and expire June 11, 2009) (Councilmember Jamie D. Smith) Minutes-June 12,2007 Georgine Guillory would be appointed to the Small Business Advisory Committee. The term would commence June 12, 2007 and expire June 11, 2009. (Councilmember Jamie D. Smith) Gracie Middleton would be appointed to the Library Commission. The term would commence June 12, 2007 and expire June 11, 2009. (Councilmember Jamie D. Smith) Raymond Ambres would be reappointed to the Community Development Advisory Committee. The current term would expire December 8, 2008. (Mayor Becky Ames) Lee Acevedo would be reappointed to the Construction Board of Appeals (Building). The current term would expire January 24, 2012. (Mayor Becky Ames) Frank Messina would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 15, 2009. (Mayor Becky Ames) Ann Rothkamm would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2009. (Mayor Becky Ames) Bonnie Cokinos would be reappointed to the Convention and Tourism Advisory Board. The current term would expire February 10, 2009. (Mayor Becky Ames) A) Authorize the City Manager to execute letters of understanding with C. Johnnie on the Spot, Inc., Beaumont Coca-Cola Bottling Company,Aggreko, Lighthouse Energy Service, NES Rentals, and Cummins Southern Plains who would provide resources to the City of Beaumont during a declared disaster- Resolution 07-168 B) Authorize the City Manager to execute an Interlocal Agreement with Jefferson County and Garner Environmental Services, Inc. - Resolution 07-169 C) Authorize a request to amend the contract with SunGard HTE OSSI, Inc., the Beaumont Police Department's current software vendor, to acquire an additional Public Safety software module - Resolution 07-170 D) Authorize a contract to refurbish three (3) elevators located in City Hall and the Civic Center- Resolution 07-171 E) Authorize the acceptance of two(2)fifteen(1 5)footwide sanitary sewer easements across property near the intersection of Chamberlain and College Streets to serve the Dollar General Store at 5450 College - Resolution 07-172 F) Approve Change Orders for the Municipal Athletic Complex Softball Lighting Project - Resolution 07-173 G) Approve the purchase and installation of chain link fencing at the Police Department Training Facility - Resolution 07-174 Page 2 of 9 Minutes-June 12,2007 H) Approve a resolution opposing Terminal Radar Approach Control (TRACON) changes, proposed by the Federal Aviation Administration, affecting the Southeast Texas Regional Airport - Resolution 07-175 Councilmember Lulu Smith made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Loeb Radio Towers Project - Resolution 07-176 Administration recommended approval of a contract with Western Towers, Inc., San Angelo, Texas, in the amount of $140,758.00 for the Loeb Radio Towers Project. The project will install communication towers at the three ground water wells in Lumberton to provide off site operation capabilities, and security monitoring. The towers will be 120 feet tall and include all related appurtenances to be placed in operation. The MBE goal will be partially met through a subcontract with the certified MBE firms Gulf Coast Electric, $17,385.00, and Garden of Gethsemane, $3,000.00, for a total amount of $20,385.00. The three well locations are unmanned sites. The vulnerability Assessment Study of the Water Distribution System mandated by the Department of Homeland Security identified the well sites as critical assets for the Water Department. The proposed communication towers will provide security monitoring and a first line of defense to deter possible attacks. Additionally, the communication towers will allow for flow and chlorine monitoring along with the status of the wells from the Water Treatment Plant. Funds for the project are available in the Water Utilities Budget. Councilmember Lulu Smith moved to APPROVE RESOLUTION 07-176 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH WESTERN TOWERS,INC.,SAN ANGELO,TEXAS, IN THE AMOUNT OF$140,758 FOR THE LOEB RADIO TOWERS PROJECT. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT,AMES, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED Page 3 of 9 Minutes-June 12,2007 2. Consider approving a bid for the construction of a tennis court and a half-court basketball court at Caldwood Park - Resolution 07-177 Administration recommended the award of a bid to Courts-N-Stuff of Brookshire, Texas in the amount of $89,458 for the construction of a concrete tennis court and a half-court basketball court at Caldwood Park located at 250 East Caldwood. Bids were received on May 31, 2007 for furnishing all labor, equipment, materials and supervision for the construction of a post-tension concrete tennis court and a half-court basketball court. Included in this project is the installation of a ten foot high gated fence surrounding the tennis court, a new water fountain, new concrete sidewalks, and resurfacing and restriping of the existing parking area. All courts and proposed amenities will meet the Americans with Disabilities Act (ADA) requirements. The proposed post-tension concrete surface will allow ground movement without cracking or separation. Replacement of the courts with the post tension concrete court equivalent to the new tennis courts at Central Park will provide years of solid playing surface. There were thirty-four (34) general contractors notified of the bid. Since tennis court construction is generally a specialized project, only two companies requested bid documents and attended the mandatory pre-bid conference. Both companies specialize in tennis court construction. The only company submitting a bid was Courts-N-Stuff in the amount of$89,458. Courts- N-Stuff will provide a five (5) year warranty on the post-tension concrete foundations of both the tennis and basketball court. The estimated completion date of the project is 120 days. The contractor is not a certified Minority Owned Business (MBE). There is a minimal amount of materials and services to be subcontracted. Funding is available in the Capital Reserve Fund. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-177 THAT THE BID SUBMITTED BY COURTS-N-STUFF, BROOKSHIRE, TEXAS, FOR CONSTRUCTION OF POST-TENSION CONCRETE TENNIS AND HALF-SIZE BASKETBALL COURTS AT CALDWOOD PARK IN THE AMOUNT OF $89,458 BE ACCEPTED BYTHE CITYOF BEAUMONT. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 3. Consider approving a contract to purchase fire protective clothing for the Fire Department- Resolution 07-178 Page 4 of 9 Minutes-June 12,2007 Administration recommended the award of an annual contract to Fuego International, 9 LLC of Manor Texas to furnish approximately fort 40 sets of fire protective clothing or > pp Y Y ( ) P 9 $1,872.73 per set totaling an estimated annual cost of$74,909.20. The fire protective clothing from Morning Pride Manufacturers is made of fire retardant materials to provide protection from burns and exposure to hazardous chemicals during fire fighting operations. The materials are also blood borne pathogen resistant. Bids were solicited from nine (9) authorized Morning Pride distributors. The estimated annual cost is based on the purchase of forty (40) sets of protective clothing. The estimated quantity may be increased or decreased depending on the needs of the Department. Fuego International, LLC,who was the supplier last year,was the only bidder this year. Their was one other bid that was received, it was inadvertently overlooked in the City Clerk's Office, the bid was opened it was twice as much as the bid that was accepted. During the previous twelve (12) months, fifty-one (51) sets of Morning Pride protective clothing with suspenders were purchased from Fuego International for$1,775.36 per set totaling $90,543.36. Funds are available in the Fire Department's Budget. Councilmember Wright made a motion to APPROVE RESOLUTION 07-178 THAT THE BID SUBMITTED BY FUEGO INTERNATIONAL, LLC, MANOR, TEXAS FOR AN ANNUAL CONTRACT TO PURCHASE FIRE PROTECTIVE CLOTHING FOR THE FIRE DEPARTMENT IN THE AMOUNT OF$1,872.73 PER SET, FOR AN ESTIMATED ANNUAL COST OF $74,909.20 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Lulu Smith seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager and the Police Chief to sign a memorandum of understanding with Beaumont Independent School District and Beaumont Independent School District Police Department - Resolution 07-179 The Beaumont Independent School District has decided to create a Beaumont Independent School District Police Department. This memorandum sets forth the duties which pertain to police officers commissioned by the Beaumont Independent School District as proposed by the Beaumont Independent School District. This memorandum was developed in accordance with Section 37.081 Texas Education Code which states that a school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies. Page 5 of 9 Minutes-June 12,2007 Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 07-179 THAT THE CITY MANAGER AND THE POLICE CHIEF OF THE CITY OF BEAUMONT BE, AND THEY ARE HEREBY AUTHORIZED TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT(BISD)AND BEAUMONT INDEPENDENT SCHOOL DISTRICT POLICE DEPARTMENT RELATING TO THE CREATION OF A BISD POLICE DEPARTMENT AND THE DUTIES OF POLICE OFFICERS COMMISSIONED BY THE BISD. Councilmember Lulu Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED 5. Consider approving the donation of property to the Charlton-Pollard Neighborhood Association Community Housing Development Organization - Resolution 07-180 Administration recommended that City Council authorize the City Manager to donate property to the Charlton-Pollard Neighborhood Association Community Housing Development Organization. The ExxonMobil Corporation has expressed a desire to donate a home currently located at 1355 Van Buren to the Charlton-Pollard Neighborhood Association Community Development Organization (CPNA)that will be rehabilitated for occupancy by Mrs. Emily Riggins, an elderly, low-income citizen whose home was in severe disrepair prior to Hurricane Rita. Mrs. Riggins' home was further damaged by the hurricane and consequently demolished by the City as it was an unsafe structure. The home will be moved at the expense of ExxonMobil to Mrs. Riggins' now vacant lot located at 710 Jackson. However, moving the house to Mrs. Riggins' lot will not allow the City's building code requirement for a 25 ft. frontage set-back to be met. The City's Housing Division has purchased the vacant property directly behind Mrs. Riggins' lot located at 733 Powell. Donating this vacant lot to CPNA will allow the home donated by ExxonMobil to be moved and set within the required set-back. The CPNA will extend a 99-year lease to Mrs. Riggins and the City will provide funding from Fannie Mae Disaster Funds to Mrs. Riggins for the home to be rehabilitated to Americans With Disabilities (ADA) standards. Councilmember Lulu Smith made a motion to APPROVE RESOLUTION 07-180 THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO DONATE CITY-OWNED PROPERTY LOCATED AT 733 POWELL, BEAUMONT, TEXAS, TO THE CHARLTON-POLLARD NEIGHBORHOOD ASSOCIATION COMMUNITY HOUSING DEVELOPMENT ORGANIZATION, FOR THE ACQUISITION OF AFFORDABLE HOUSING FOR A LOW/MODERATE INCOME FAMILY. Councilmember Samuel seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS LULU SMITH, WRIGHT, PATE, SAMUEL AND JAMIE SMITH NAYS: NONE MOTION PASSED Page 6 of 9 Minutes-June 12,2007 Mayor Ames read the announcement regarding the Executive Session to be held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER LULU SMITH - NONE MAYOR PRO TEM BEAULIEU - WILL HAVE THE HONOR OF ADDRESSING 100 CITIZENS OF BEAUMONT THAT WILL BE NATURALIZED, AND TAKE THE OATH OF ALLEGIANCE IN HOUSTON, TEXAS ON .TUNE 13, 2007,ALSO STATED THAT SHE WILL BE VERY HONORED TO WELCOME THEM AS CITIZENS TO THE BEAUMONT COMMUNITY COUNCILMEMBER WRIGHT- ATTENDED A LION DELL CAP MEETING, THIS ORGANIZATION DOES A LOT OF GOOD THINGS FOR THE COMMUNITY, AS WELL AS EXXON MOBIL,THEY REFURBISH A LOT OF HOMES, THEY HAVE A PROGRAM FOR THE YOUTH TO ATTEND LAMAR UNIVERSITY,ALSO A GROUND BREAKING AT THE ELKS CLUB LOCAL 399,THEY HAD A MASSIVE FIRE,GLAD TO SEE THEIR FACILITY OPEN AGAIN. OUR MOTHER OF MERCY SCHOOL HAS RECEIVED A MILLION DOLLAR DONATION FROM A FORMER STUDENT, MR. AND MRS. DARRELL MAY. ATTENDED THE INSTALLATION SERVICE OF THE NEW MINISTER, REV. DR. TROY ALLEN, OF STAR LIGHT MISSIONARY BAPTIST CHURCH; THANKED HER FELLOW COUNCILMEMBERS JAMIE SMITH AND W.L. PATE, JR. FOR THEIR CONCERNS REGARDING THE AIR TRAFFIC CONTROLLERS IN OUR AREA COUNCILMEMBER PATE- DISCUSSED THE RESOLUTION REGARDING KEEPING THE AIR TRAFFIC CONTROLLERS AT THE SOUTHEAST TEXAS REGIONAL AIRPORT, ENCOURAGED EVERYONE TO WRITE CONGRESSMAN TED POE, CONGRESSMAN BRADY, SENATORS CORYN AND HUTCHINSON AND LET THEM KNOW OF THE SAFETY OF MOVING THOSE INDIVIDUALS TO HOUSTON, ALSO HAVE CONTACTED THE APPROPRIATE PEOPLE ABOUT HAVING A PUBLIC FORUM REGARDING THE SAFETY OF THE PASSENGERS ON AN AIRCRAFT COUNCILMEMBER SAMUEL - ANNOUNCEMENT-MONDAY JUNE 18,2007 THEIR WILL BE A COLLEGE STREET CORRIDOR NEIGHBORHOOD ASSOCIATION MEETING, EVERYONE IN THE AVENUES AREA ALONG COLLEGE ST.HAS AN OPPORTUNITY TO ATTEND THIS MEETING TO VOICE ANY CONCERNS. REQUESTED A WORKSHOP ON ECONOMIC DEVELOPMENT INCENTIVES, REGARDING REVITALIZING SOME OF THE OLDER AREAS OF THE CITY,PARTICULARLY THE AREAS OF WARD III AND WARD Page 7 of 9 Minutes-June 12,2007 IV,ALSO REQUESTED ANOTHER WORKSHOP FOR THE CITY OF BEAUMONT TO IMPLEMENT AN INTERNSHIP WITH COLLEGE STUDENTS COUNCILMEMBER JAMIE SMITH - HAD A WONDERFUL TIME AT THE WEST TABERNACLE FISH FRY ON SATURDAY WITH THE SENIORS,ALSO TOOK PART IN THE INSTALLATION BREAKFAST FOR REV.TROYALLEN,THE NEW PASTOR OF STAR LIGHT MISSIONARY BAPTIST CHURCH,ANNOUNCED THAT THERE WOULD BE A CONCERT IN THE PARK AT SPROTT PARK ON SUNDAY JUNE 16,2007, STARTING WITH NEIGHBORHOOD IN THE PARK FROM 3:00PM TO 5:OOPM AND THE JAZZ INNOVATORS FROM 5:OOPM TO 8:OOPM CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED THAT CONGRESSMAN POE WILL BE IN BEAUMONT ON JULY 2, 2007, COUNCIL HAD THE OPPORTUNITY TO ATTEND THE GOLDEN TRIANGLE STORAGE COMMUNITY MEETING AND OPEN HOUSE REGARDING THIS NEW ENTITY WHICH IS OUTSIDE THE CITY LIMITS, THE LION DELL ARE DOING A LOT OF WHAT THE CITY HAS ASKED EXXONMOBIL TO DO, THEY HAVE COME FORWARD AND ASKED NEIGHBORHOODS WITHIN THEIR AREA TO BE REPRESENTATIVES Public Comments Persons are limited to three minutes Frank Keiffer 3190 Willowood Beaumont TX Congratulated the recently elected councilmembers, requested that the City exempt all senior citizens who are homeowners from paying taxes on their property Robert Preston 1190 Iowa Beaumont TX Discussed the airing of the Council meeting on the public broadcasting channel, commented on phone calls made to the Police Department,the City Manager and the City Attorney Open session of meeting recessed at 2:19 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. International Association of Fire Fighters Page 8 of 9 Minutes-June 12,2007 There! being no action taken in Executive Session, Council adjourned. Audio recordings are available upon request in the City Clerk's Office. I& az:�f Becky Am , Mayor ��•uMO VA It 6L U Tina Broussard, Interim City Clerk / w e 1�+111 � Page 9 of 9 Minutes-June 12,2007