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Home My WebLink AboutMIN JAN 22 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel, Mayor Pro Tem, Ward III January 22, 2008 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 January 22,2008, 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 Harland Merriam of St.Andrew's Presbyterian Church gave the invocation. Councilmember Pate led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Wright, Pate and Smith. Absent: Councilmember Beaulieu. 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 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 15, 2008 Confirmation of committee appointments - Resolution 08- 019 Tom Neild would be appointed to the Small Business Revolving Loan Fund Board. The term would commence January 22, 2008 and expire January 21, 2010. (Councilmember Alan B. Coleman) Pat Anderson would be reappointed to the Community Development Advisory Committee. The current term would expire December 12, 2009. (Councilmember Nancy Beaulieu) Minutes-January 22,2008 A) Approve a change order for the 911 Operations Center - Resolution 08- 020 B) Authorize the City Manager to increase the Proposed 2 MG Elevated Water Tank at Dishman Road Project amount for "extra work" - Resolution 08- 021 C) Accept maintenance of the street, storm sewer, water and sanitary sewer improvements in Washington Boulevard Park Subdivision - Resolution 08- 022 D) Accept maintenance of the street,storm sewer,water and sanitary sewer improvements in the Jehovah Jireh Subdivision - Resolution 08- 023 Councilmember Wright made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a one year renewal contractwith Carolyn C. Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant. Administration recommended approval of a one-year renewal contract with Carolyn C. Chaney&Associates, Inc. in the amount of$59,697 which is a six percent increase from the previous contract amount. The contract will also include a maximum of $4,000 for reimbursable expenses. 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 FY2008 Budget. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO EXECUTE A ONE-YEAR RENEWAL CONTRACT EFFECTIVE JANUARY 1, 2008, IN THE AMOUNT OF $59,697 WITH AN ADDITIONAL MAXIMUM OF $4,000 FOR REIMBURSABLE EXPENSES,WITH CAROLYN C.CHANEY&ASSOCIATES,INC.TO ACT AS THE CITY OF BEAUMONT'S WASHINGTON ASSISTANT. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH Page 2 of 8 Minutes-January 22,2008 NAYS: NONE MOTION PASSED Resolution 08 - 024 Mayor Ames read the announcement about the Executive Session to be held at the conclusion of the General Business portion of the meeting. 2. Consider approving the purchase of fleet vehicles through the State of Texas Cooperative Purchasing Program. Administration recommended authorization for the purchase of vehicles through the State of Texas Cooperative Purchasing Program in the amount of $156,697.13. The State of Texas Cooperative Purchasing Program provides contracted prices on various types of vehicles to all state,county,school district,and municipal agencies within Texas. The Cooperative Purchasing Program is coordinated by the Texas Procurement and Support Services, (TPASS) a division of the Texas Comptroller's Office, in accordance with state bidding statutes. Representatives from TPASS meet with major vehicle manufacturers each year to discuss the model changes and features offered to major fleet consumers for the upcoming year vehicle models. Specifications are developed and published for distribution to governmental consumers and statewide vendors. TPASS solicits bids from vendors throughout the state to furnish pricing on various types of vehicles. Five (5) vehicles budgeted in Fiscal Year 2008 are available through the State of Texas Cooperative Purchasing contract. Warranties of 36,000 miles or three(3)years are provided for each new vehicle. The warranty service is provided by local authorized dealerships. Funding is budgeted in the Capital Reserve Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF FIVE(5)VEHICLES IN THE AMOUNT OF$156,697.13 THROUGH THE STATE OF TEXAS COOPERATIVE PURCHASING PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 025 Page 3 of 8 Minutes-January 22,2008 3. Consider amending Section 21-75 of the Code of Ordinances increasing the total number of Grade II (Sergeants) positions in the Beaumont Police Department by one. Administration recommended amending Section 21-75 of the Code of Ordinances by increasing Grade II Sergeant positions from 40 to 41. In order to settle the lawsuit styled Erik Kvarme v. City of Beaumont, et al, Administration recommended increasing the number of Grade II Sergeants positions by one from 40 to 41. There are sufficient funds in the General Fund Police Budget to pay for this promotion Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FY2008 BUDGET AND SECTION 21-75 OF THE CODE OF ORDINANCES TO INCREASE THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM 40 To 41; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 008 4. Consider authorizing the settlement of the lawsuit of Erik Kvarme v.The City of Beaumont, et al. Administration recommended Council approval of a resolution authorizing the settlement of the lawsuit of Erik Kvarme v. The City of Beaumont, et. al. providing for the promotion of Erik Kvarme to the rank of Sergeant with an effective seniority date of January 1,2008 and without back pay of any kind. Council discussed this lawsuit in an Executive Session held on January 15, 2008. There are sufficient funds in the General Fund Police Budget to pay for this promotion. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE,AND HE IS HEREBY,AUTHORIZED TO SETTLE THE LAWSUIT TO PROVIDE FOR THE PROMOTION OF A GRADE I OFFICER TO THE RANK OF SERGEANT. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS COLEMAN, WRIGHT, PATE AND SMITH NAYS: NONE Page 4 of 8 Minutes-January 22,2008 MOTION PASSED Resolution 08 - 026 WORKSESSION Review and discuss a request from Quantum Geophysical, Inc. for a seismic testing permit which includes the use of vibratory trucks on City streets Chris Boone, Community Development Director, discussed with Council a request from Quantum Geophysical, Inc.,for a seismic testing permit,as well as to include the use of vibratory trucks on City Streets. Previously Council met in a workshop and the question regarding the use of the trucks remained unresolved. Chris also stated that Quantum offered to conduct a demonstration of the vibratory trucks in the City Hall parking lot. Quantum Geophysical had two representatives that spoke to Council they were as follows: Joe Crownover, Fiber Tech - is responsible for the vibration monitoring of the shot holes, the explosive charges and the vibratory trucks, he discussed the vibratory trucks,their size which is the smallest size truck that he has ever worked with,the truck weighs 32,000 pounds he did state that a lot of the trucks that are used in the industry weigh about 60,000 pounds. Royce Hammer, Project Managerfor Quantum Geophysical, Inc.,-discussed the permit procedures that the City has received complaints on, he commented thatthey have over 7,000 citizens within the City will permit Quantum to test on their property, he also discussed other issues that Council had questions on. COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- CONGRATULATIONS TO MAYOR PRO TEM SAMUEL, FORMER MAYOR EVELYN LORD,PREVIOUS COUNCIL AND CITY STAFF FOR ALL OF THE HARD WORK ON THE MLK PARK, ALSO LOOKING FORWARD TO THE CLEANUP ON SATURDAY. ANNOUNCED THAT THEIR WILL BE A WARD I TOWN HALL MEETING THURSDAY FEBRUARY 28, 2008 AT 5:30 P.M. AT THE ELMO WILLARD LIBRARY AT HELBIG AND LUCAS COUNCILMEMBER BEAULIEU - ABSENT COUNCILMEMBER WRIGHT- THANKEDTHE CITY ADMINISTRATION FOR THE WONDERFUL PARK DEDICATION TO OUR CITY,COMMENTED ON THE HOME BUILDING BY OUR MAYOR BECKY AMES WITH HABITAT FOR HUMANITY,ENJOYED THE MARDI GRAS PARTY AT RANDALL COLLIN'S HOUSE,PLEASED WITH THE SUCCESS OF THE FIRE FIGHTERS'FUND RAISER,COMMENTED ON THE WONDERFUL Page 5 of 8 Minutes-January 22,2008 SPEECH BY FORMER STATE REPRESENTATIVE AL PRICE AT THE MLK PARK DEDICATION COUNCILMEMBER PATE - COMPLIMENTED MAYOR PRO TEM SAMUEL AND THE MLK COMMISSION FOR THE EXCEPTIONAL JOB ON THE PARK,AS WELL AS FORMER STATE REPRESENTATIVE AL PRICE, COMMENTED ON THE LOSS OF COOPER HAWTHORN WHO ATTENDED LAMAR UNIVERSITY AND A PILOT IN WORLD WAR II AND OTHER GROUPS THAT HE WAS A PART OF MAYOR PRO TEM SAMUEL - THANKED CITY STAFF AND MLK COMMISSION FOR ALL THEY DID TO MAKE THE MLK PARK A REALITY, IT HAS BEEN CONFIRMED THAT NO ONE HAS SEEN A PARK DEDICATED TO DR. KING LOOK AS NICE AS THE ONE HERE IN OUR CITY, ALSO PLEASED TO SEE MICHAEL STERLING GIVE HIS FIRST ADDRESS TO THE YOUNGSTERS WITH THE NAACP HIS MESSAGE WAS "HOW LONG, NOT LONG MUST WE WAIT", RECEIVED PHONE CALLS CONCERNING THE PURCHASE AND COST OF THE BRICKS AT THE PARK, AT THE NEXT COUNCIL MEETING THE MAYOR PRO TEM WILL TRY AND HAVE MORE INFORMATION TO RELEASE TO THE PUBLIC REGARDING THE BRICKS, ALSO THERE HAS BEEN SOME CONCERNS REGARDING VANDALISM IN THE PARK AND HOW CAN WE KEEP THE VANDALISM FROM OCCURRING, ASKED LEGAL IF WE COULD ENHANCE ANY TYPE OF STRUCTURE REGARDING THE PARK, ALSO ANNOUNCED THAT THERE IS A NEW NEIGHBORHOOD ASSOCIATION CALL THE LAREDO NEIGHBORHOOD ASSOCIATION, THE ASSOCIATION WILL HAVE REGULAR MEETINGS,IF ANYONE IS INTERESTED THAT LIVES IN THE LAREDO AREA PLEASE CALL CITY HALL FOR MORE INFORMATION COUNCILMEMBER SMITH - ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD ASSOCIATION WOULD BE MEETING ON THURSDAY AT 6:30 P.M.AT THE SOUTH PARK BAPTIST CHURCH, COMMENTED ON THE CANCELLATION OF THE MLK PARADE, THERE IS TALK OF RESCHEDULING THE PARADE IN FEBRUARY FOR BLACK HISTORY MONTH, ALSO SPOKE REGARDING THE PROGRAM AT MLK MIDDLE SCHOOL, THE MLK PARK DEDICATION, ALSO CITIZENS ARE WANTING TO KNOW HOW TO PURCHASE THE ENGRAVED BRICKS,THE BREAKFAST AT DOUGLAS MEMORIAL AND A GREAT JOB BY MICHAEL STERLING,AS WELL AS THE BRUNCH AT THE PORT ARTHUR CIVIC CENTER ON MONDAY. THERE WILL BE A PHASE II CLEAN SWEEP FOR WARD IV ON SATURDAY JANUARY 26, 2008 FROM 9:00 A.M. TO 12:00 P.M., THE MEETING PLACE WILL BE THE MASONIC LODGE LOCATED AT 3025 S. 5TH Page 6 of 8 Minutes-January 22,2008 STREET, THE ROCKIN A CAFE WILL BE SERVING A FREE LUNCH AFTER THE CLEAN UP CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE WONDERFUL JOB STAFF DID ON THE MILK PARK DEDICATION ALSO CONGRATULATED MAYOR PRO TEM SAMUEL ON ALL OF HIS HARD WORK REGARDING THE PARK, COMMENTED ON THE BRICKS AT THE PARK, SUGGESTED THAT INFORMATION BE PUT ON THE CITY'S WEB SITE AND THE CITY'S ACCESS CHANNEL,AFTER THE MAYOR PRO TEM MAKES A STATEMENT AT THE NEXT MEETING, ALSO SPOKE REGARDING VANDALISM IF THE SITUATION OCCURS AT THE PARK, ENJOYED THE SPEECH MADE BY MICHAEL STERLING WHO WAS AN INTERN IN THE MAYORS OFFICE AND THE GREAT JOB HE DID, THANKED EVERYONE FOR THEIR ATTENDANCE AT THE FUND RAISER FOR CODY SCHRODER,SPOKE ON THE HOMES BEING BUILT BY HABITAT FOR HUMANITY Public Comments (Persons are limited to three minutes) None Open session of meeting recessed at 2:20 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 v. International Association of Firefighters, Local Union No. 399 Claim of Jennifer Leday A/N/F of Jonah Jagneaux, a Minor World Wide Street Preachers' Fellowship, et al vs. Becky Ames, et al Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Magistrates There being no action taken in Executive Session, Council adjourned. Page 7 of 8 Minutes-January 22,2008 Audio tapes are available upon request in the City Clerk's Office. Bec Ames, Nj6j9r �� .•s i a-, rwm 4 Tina Broussard, City Clerk t44 ct 411 Page 8 of 8 Minutes-January 22,2008