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Home My WebLink AboutMIN AUG 20 2013 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel,Ward III August 20, 2013 Jamie Smith, Ward IV 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 20, 2013, 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 No.1/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor "Big" Jim Selles with West End Baptist Church gave the invocation. Boy Scout, Steven Streeter led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Coleman, Getz, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items No.1/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 13, 2013 Confirmation of committee appointments — None A) Approve a resolution approving the renewal of an annual support agreement for the ShoreTel phone systems — Resolution 13 - 173 B) Approve a resolution authorizing the settlement of the claim of Johnny Owens — Resolution 13 - 174 C) Approve a resolution approving the waiver of interest charges on a demolition lien in the amount of $11,849.48, fees in the amount of $16.00 and a reduction of principle in the Minutes—/august 20,2013 amount of$7,924.00 for property described as Blanchett 1, W1/2 Lot 73 to Lot 75, Block 7, and accepting a payment of $10,000 from the property owner— Resolution 13 - 175 D) Approve a resolution recertifying the Small Business Revolving Loan Fund Plan — Resolution 13 - 176 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a resolution approving a payment to Jefferson County for the renewal of an annual maintenance agreement for the 800 MHz radio system used by various city departments. The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with agencies throughout Hardin, Jefferson and Orange counties. The annual cost of the maintenance contract is divided among all agencies by the number of radios each agency has on the system. Total billing to the City of Beaumont was reduced by a credit for costs incurred supporting the system during the past year. General Fund, Water, Solid Waste and Fleet. Approval of resolution. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE PAYMENT OF AN INVOICE IN THE AMOUNT OF$179,571.46 TO JEFFERSON COUNTY FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT WITH MOTOROLA FOR SUPPORT OF THE 80OMHZ RADIO SYSTEM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SAMUEL NAYS: NONE Minutes—August 20,2013 ABSTAIN: COUNCILMEMBER SMITH MOTION PASSED Resolution 13 - 177 WORK SESSION Review and discuss a door-to-door solicitation ordinance proposed by Councilmembers Mike Getz and W. L. Pate Councilmember Getz reviewed and discussed with Council a door-to-door solicitation ordinance. The commercial door-to-door solicitation raised particular concerns for municipalities seeking to protect their residents. There were several concerns that were discussed regarding the solicitation ordinance which included the first amendment (freedom of speech) which allows people the right to distribute information door-to-door, however, court cases have held that commercial speech provides an opportunity for greater deception and confusion that is not present in other forms of speech and municipalities may regulate it to a greater degree. Justification was discussed based on the desire to protect citizens from residential crime and invasion of privacy, this type of door-to-door solicitation would provide a tool for the police department to use in safeguarding the safety of citizens that they currently don't have. There was discussion as to the definition of home solicitation, the meaning of what a merchant, a person and a residence means, as well as the hours that a solicitor may visit a citizen's home. The hours stated were before 9:00 a.m., or after 30 minutes following sunset of any day, Monday through Saturday; or at any time on a Sunday, New Year's Day, July 4th, Labor Day, Thanksgiving Day or Christmas Day. Violations and penalties were discussed, a person who violates the ordinance, or who fails to perform an act required of the person by the ordinance, commits an offense and a punishable fine of not more than $500. These penalties are in addition to any other enforcement remedies that the city may have under city ordinances and state law. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - GAVE CONDOLENCES TO THE HODGE FAMILY WHO LOST A GREAT ATTORNEY,THANKED EVERYONE THAT HELPED WITH THE SCHOOL SUPPLY DRIVE ESPECIALLY THE NON-PROFITS, WISHED HIS GREAT FRIEND MR. SAMS A HAPPY BIRTHDAY COUNCILMEMBER SAMUEL- GAVE CONDOLENCES TO THE HODGE FAMILY, THANKED RYAN SLOTT AND STAFF WITH THE PARKS AND RECREATION DEPARTMENT FOR ALL THEY DID TO HELP WITH THE BACK TO SCHOOL SUPPLY DRIVE, AS WELL AS THE NEIGHBORS IN THE PARK AND CONCERTS IN THE PARK, COMMENTED ON THE GRAND OPENING OF THE NEW SKATE PARK COUNCILMEMBER PATE - THANKED COUNCIL ON THE GREAT DISCUSSION AND CONCERN REGARDING THE SOLICITATION ORDINANCE, STATED THAT COUNCIL WILL NOT ALWAYS AGREE BUT ONE THING THEY DO AGREE ON IS THAT THEY ARE THERE TO DO WHAT'S BEST FOR THE CITIZENS OF BEAUMONT, Minutes—August 20.2013 CONDOLENCES TO THE HODGE AND GERSON FAMILIES, ANNOUNCED THE FUND RAISER BY SOME OTHER PLACE AT THE BEAUMONT CIVIC CENTER, EXCITED ABOUT THE SKATE PARK AND THE GREAT ATTENDANCE AT THE GRAND OPENING, ALSO COMMENTED ON LAMAR UNIVERSITY FOOTBALL ENCOURAGED EVERYONE TO GET A TICKET FOR THE GAME THAT WILL BE ON AUGUST 31, 2013, AT THE PROVOST UMPHREY STADIUM MAYOR PRO TEM WRIGHT - CONDOLENCES TO THE HODGE AND GERSON FAMILIES, COMMENTED ON THE WONDERFUL SKATE PARK, AN INFORMATIVE CONFERENCE SHE ATTENDED WITH THE SENIORS, AS WELL AS A HEAD LINE IN THE BEAUMONT ENTERPRISE THAT THE COUNCIL IS DIVIDED, WANTS THE NEWS MEDIA TO KNOW THAT THE COUNCIL IS NOT DIVIDED AND DOESN'T LIKE TO SEE THOSE KIND OF STATEMENTS COUNCILMEMBER GETZ- AGREED WITH COUNCILMEMBER WRIGHT, STATED THAT EVERY COUNCILMEMBER THAT SITS ON COUNCIL WANTS WHAT'S BEST FOR THE CITIZENS OF BEAUMONT, CONDOLENCES TO THE HODGE AND GERSON FAMILIES, ANNOUNCED THE TASTING OF SOME OTHER PLACE TONIGHT AT THE BEAUMONT CIVIC CENTER,COMMENTED ON HIS WIFE KAYAKING, AS WELL AS NEWS THAT HE RECEIVED REGARDING BISD COUNCILMEMBER COLEMAN - THANKED RYAN SLOTT AND BRENDA BEADLE FOR CRAFTING A GREAT SKATE BOARD PARK, ALSO WISHED COUNCILMEMBER JAMIE SMITH A BELATED HAPPY BIRTHDAY, ANNOUNCED THAT THERE WILL BE A SOCCER TOURNAMENT AT THE QUINN SOCCER FIELD STARTING AT 8:00 A.M. THIS WEEKEND CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE RIBBON CUTTING FOR THE SKATE PARK, WISHED COUNCILMEMBER JAMIE SMITH AND MR. SAMS A HAPPY BIRTHDAY, GAVE CONDOLENCES TO THE HODGE AND GERSON FAMILIES, COMMENTED ON SOME OTHER PLACE'S FUND RAISER, MENTIONED AN EVENT BY THE BOY SCOUTS STATED THAT THIS PAST WEEK THE SALVATION ARMY BOYS AND GIRLS CLUB HAD AN EVENT AND THAT COUNCILMEMBER SMITH PARTICIPATED IN THE STYLE SHOW PORTION OF THE FUND RAISER, REGINA ROGERS ALSO RECEIVED AN AWARD ON BEHALF OF HER MOTHER, COMMENTED ON THE SUMMER READING CLUB, STATED SHE GAVE OUT ABOUT 500 MEDALS WHICH WAS REALLY GREAT Minutes—August 20,2013 Public Comments (Persons are limited to three minutes) Stephen Watson 6015 Townhouse Ln. Beaumont TX Stated that if his prior remarks came across as hateful, arrogant or disrespectful he wanted to give his public and personal apology, stated it's his perception that the dysfunctional school district is currently hurting the city economically and will continue to cause economic damage that may take decades to recover, stated that he knows that Councilmembers have a better vision for the city, perceives that racial tensions are rising in the city, asked for council's help to first bring awareness to this problem as individuals and not as Councilmembers, asked that they join him in opening a dialogue within their personal contacts as well as the religious communities to begin to do something to head this off at the pass, if for nothing else let's do it for our kids There being no Executive Session, Council adjourned at 2:52 p.m. Au io available upon request in the City Clerk's Office. • 1 B ky Am s, M or Tina Broussard, City Clerk Minutes—August 20,2013