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Home My WebLink AboutMIN AUG 30 2011 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large Dr.Alan B.Coleman,Ward 1 CITY COUNCIL MEETING Michael D.Getz,Ward II Audwin Samuel,Ward III August 30,2011 Jamie Smith,Mayor Pro Tom 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 August 30, 2011, 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 Ames called the council meeting to order at 1:30 p.m. Pastor Pete Hutchison of Freeway Baptist Church gave the invocation. Reverend Haden Merriman led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Smith, Councilmembers Coleman, Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Ovarian Cancer Awareness Month" - September, 2011 - Proclamation read by Mayor Ames; accepted by Regina Rogers and Norma Sampson Julie Rogers "Gift of Life" Program Recognition—Beaumont Convention and Visitors Bureau for multiple awards at the Texas Association of Convention and Visitors Bureau(TACVB)Annual Conference in San Marcos Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. Rex Johnson 4350 Cheison Beaumont TX Spoke in regards to Item #1 on the Agenda; the consideration of confirming the appointment of James Singletary to the position of Police Chief, ask that Council vote no on this appointment felt that someone outside of the City should have been selected CONSENT AGENDA Approval of minutes - August 23, 2011 Confirmation of committee appointments - None Minutes—August 30,2011 A) Authorize the payment of an invoice to Entergy Texas, Inc. — Resolution 11 — 243 B) Authorize the City Manager to execute all documents necessary for an affiliation agreement between The City of Beaumont EMS and The University of Texas Health Science Center at San Antonio — Resolution 11 - 244 C) Authorize the City Manager to execute all documents necessary for CPS/Hospital Preparedness Grant Agreement between The City of Beaumont EMS and East Texas Gulf Coast Regional Trauma Advisory Council — Resolution 11 - 246 D) Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Line Easement located at 4760 College Street— Resolution 11 - 246 E) Authorize the settlement of the claim of Richter Architects, a Texas corporation, and J aster-Q ui ntan ilia Dallas, LLP, a Texas corporation — Resolution 11 - 247 Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider confirming the appointment of James P. Singletary to the position of Police Chief. Administration recommended approval. The City Manager appointed James P. Singletary to the position of Police Chief on August 24, 2011. Chapter 143 of the Local Government Code requires that a police chief appointed by the municipality's chief executive be confirmed by the municipality's governing body. Upon confirmation, Mr. Singletary will assume command on September 30, 2011. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE APPOINTMENT BY THE CITY MANAGER OF JAMES P. SINGLETARY AS POLICE CHIEF FOR THE CITY OF BEAUMONT BE AND THE SAME IS HEREBY CONFIRMED. Councilmember Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE Minutes—August 30,2011 MOTION PASSED Resolution 11 - 248 2. Consider authorizing the City Manager to execute an agreement for management consulting services related to Hurricane Ike Disaster Recovery Round 2 grant projects. Administration recommended approval. The City applied for and anticipates receiving a grant contract award of Hurricane Ike disaster recovery funds from Round 2, Phase 1 and 2, of the U. S. Department of Housing and Urban Development's Community Development Block Grant disaster recovery program. Requests for Proposals were received on August 18 2011 for management consulting services to assist the City in the Overall management of anticipated grant contracts. Services to be provided include, but are not limited to, management of the environmental clearance procedures, record keeping requirements, financial management, Labor Standards monitoring, Fair Housing requirements, Equal Employment Opportunity Requirements, and contract close-out assistance. The committee met and reviewed the proposals ranking Public Management, Inc.with the highest score. The company has extensive experience with similar projects throughout Texas including the City of Beaumont's projects funded by the Hurricane Ike Texas Community Development Block Grant Program, Round 1, administered by the Texas Department of Rural Affairs. Mayor Pro Tern Smith made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY,AUTHORIZED TO EXECUTE A CONTRACT WITH PUBLIC MANAGEMENT, INC.,OF CLEVELAND, TEXAS, FOR MANAGEMENT CONSULTING SERVICES TO ASSIST THE CITY IN THE OVERALL MANAGEMENT OF GRANT CONTRACT AWARDS OF HURRICANE IKE DISASTER RECOVERY FUNDS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 — 249 3. Consider authorizing the acquisition of property, fronting Laurel Street at Magnolia, needed for the construction of public improvements (skate park, sidewalks, lighting, parking spaces, landscaping, etc.). Administration recommended approval. The Owner of the property listed below, has agreed to convey his property to the City: Minutes—August 30,2011 Tract 1 a .0694 acre of land, situated in the Noah Tevis League, Abstract No. 52 (991 Laurel) Value:$91,000.00 Owner: TARM Properties (Ralph Thomas Adams) The City will receive $327,200 from the Department of Housing and Urban Development, on a reimbursement basis, for the construction of public improvements fronting Laurel Street at Magnolia. The improvements will clean up the northern entrance to the Event Center property while also adding an additional recreational attraction in the Central Business District. The City Council toured the site on April 12, 2011. Funds are available in the Capital Reserve Fund to purchase the property and for the removal and disposal of the concrete slab, which is estimated at $50,000. COuncilmember Pate made a motion to APPROVE A RESOLUTION THAT THE STATEMENTS AND FINDINGS SET OUT IN THE PREAMBLE TO THIS RESOLUTION ARE HEREBY,IN ALL THINGS APPROVED AND ADOPTED; AND, THAT THE PURCHASE OF THE DESCRIBED PROPERTY BE,AND THE SAME IS, HEREBY APPROVED. Mayor Pro Tern Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 11 - 250 4. Consider granting a new solid waste collection and transportation service franchise to Liquid Vacserv, LLC. Administration recommended granting a solid waste collection and transportation service franchise to Liquid Vacserv, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Liquid Vacserv, LLC has requested that the City Council grant the company such franchise agreement. Liquid Vacsery is locally owned and operated with its corporate office located at 2715 Laurel Street in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent(7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading.After passage,the ordinance must be published for four(4)consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Minutes—August 30,2011 A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. COuncilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIQUID VACSERV, L.L.C. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ, WRIGHT, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 11 — 066 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ANNOUNCED THAT ON SEPTEMBER 24, 2011, BARK FOR LIFE 1 MILE WALK WILL BE AT TYRRELL PARK,HIS DOG TEX WILL BE THE GRAND MARSHALL, OCTOBER 1, 2011, THE JULIE RICHARDSON PROCTER 5K RUN FOR OVARIAN CANCER, SEPTEMBER 10, 2011, THE BEAUMONT POLICE OFFICERS THIRD ANNUAL ASSOCIATION 5K RUN,HONORING BRIAN HEBERT,AND OCTOBER 29, 2011, MAKIN STRIDES AGAINST BREAST CANCER SK WALK/RUN THIS WILL BE THEIR FIRST ANNUAL EVENT,CONGRATULATED CHIEF SINGLETARY COUNCILMEMBER GETZ- ANNOUNCED THE 92ND ANNUAL LABOR DAY TENNIS TOURNAMENT HELD THIS WEEKEND, THERE WILL BE OVER 200 ENTRIES TO PLAY IN THIS TOURNAMENT,COMPLIMENTED HIS WIFE FOR ALL OF HER HARD WORK AS SHE IS THE CHAIRMAN OF THE TOURNAMENT, ENCOURAGED EVERYONE TO ATTEND LAMAR UNIVERSITY FOOTBALL GAME, CONGRATULATED CHIEF SINGLETARY COUNCILMEMBER WRIGHT- OFFERED CONDOLENCES TO KERRY .LEAN WHO LOST HIS MOTHER, MAXINE.LEAN, COMMENTED ON HER AUNT OLLIE GRAVES 90TH BIRTHDAY,ASKED THAT EVERYONE SUPPORT THE GIFT OF LIFE AND APPRECIATES ALL OF THE WORK THAT THEY DO,APPRECIATES THE CVB AWARD,CONGRATULATED CHIEF SINGLETARY COUNCILMEMBER PATE- CONGRATULATED CHIEF JIMMIE SINGLETARY, CONDOLENCES TO COACH WOODARD WHO LOST HIS DAD, HATS OFF TO LAMAR UNIVERSITY FOOTBALL,ENCOURAGED EVERYONE TO ATTEND THE GAME, THE FAMILY OF BRIAN Minutes—August 30,2011 HEBERT WOULD BE FLIPPING THE COIN ON THE FIFTY YARD LINE COUNCILMEMBER SAMUEL- CONGRATULATED CHIEF SINGLETARY,COMMENTED ON THE WONDERFUL TIME HE EXPERIENCED AT THE 9OT"BIRTHDAY PARTY OF OLLIE GRAVES,ALSO HAD THE OPPORTUNITY TO SIT IN FOR MAYOR PRO TEM SMITH AT BETHEL BIBLE MINISTRIES, THANKED THE CVB FOR MAKING THE CONFERENCE A FEW WEEKS AGO A SUCCESS, CONGRATULATED THEM ON THEIR RECOGNITION AS WELL MAYOR PRO TEM SMITH - CONDOLENCES TO THE JEAN FAMILY ON THE LOSS OF THEIR MOTHER, MAXINE JEAN, CONGRATULATED THE NEW CHIEF OF POLICE JIMMIE SINGLETARY, ASKED IF THE CITY PRECINCTS WOULD BE AFFECTED BY THE REDISTRICTING, ANNOUNCED THAT ON SEPTEMBER 15, 2011, FROM 5:30 P.M.TO 7:30 P.M.,THERE WILL BE A TOWN HALL MEETING AT THE L.L. MELTON FAMILY LIFE CENTER, BISD TRUSTEE GWEN AMBRES,STATE REPRESENTATIVE JOE DESHOTEL, COUNTY COMMISSIONER BO ALFRED WILL ALSO BE IN ATTENDANCE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- APPRECIATED COUNCILMEMBER SAMUEL COVERING FOR HER AS SHE WAS OUT OF TOWN Public Comments (Persons are limited to three minutes) Bruce Hoffer 2535 North St. Beaumont TX Commented on the Kickoff Tournament this past weekend, announced that for the next ten Saturdays, the kids will be playing soccer from 8:00 a.m. in the morning until about 4:00 p.m. in the evening, Houston, TX will be hosting a tournament over the Labor Day weekend with about have 325 teams playing Rex Johnson 4350 Cheison Beaumont TX Commented on violations in the South Park area that are constantly being violated, stated that he has called the City Manager several times and his calls have not been returned, asked the violations be taken care and help is needed Gwen Ambres 4616 Prairie St. Beaumont TX Stated that she was elected President by the American Softball Association, City Recreational League for District 39, announced that the fall season for recreational softball will begin September 6, 2011, fast pitch will be on Saturday starting with Pixie which is 6 Minutes—August 30,2011 and under, with all other games up to 18 years of age, all games will be held at the Athletic Complex Open session of meeting recessed at 2:41 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont, Texas v. Jefferson County; Jail Rates * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: 0.9263 Acre Tract or Parcel of Land A. Savery League, Abstract No. 46 Jefferson County, Texas Owner: Gary Robbins There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. k4Q_�� s-�u�ar,�� T , aA d GI. Tina Broussard, City Clerk S Minutes—August 30,2011