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Home My WebLink AboutMIN MAY 19 2009 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 II Audwin Samuel, Mayor Pro Tern,Ward III May 19, 2009 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 May 19, 2009, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Bishop Curtis Guillory of the Catholic Diocese of Beaumont gave the invocation. Mayor Ames 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 (arrived at 2:25 p.m.), Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "National Maritime Day" - May 22, 2009 - Proclamation read by Councilmember Pate; accepted by Chaplain Bill Peterson, Seafarers Center of Beaumont "National Preservation Month"-May,2009-Proclamation read by Mayor Ames;accepted by Representatives of Beaumont Main Street, Beaumont Heritage Society, the Beaumont Historic Landmark Commission, and the Jefferson County Historical Commission Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. Joe Watt 4070 University Dr. Beaumont TX Spoke regarding item #3; Ordinance to allow for towing of uninsured vehicles; asked that Council not approve this item Minutes-May 19,2009 William Harlan 2385 Broadway #118 Beaumont TX Spoke regarding item #3; Ordinance to allow for towing of uninsured vehicles; asked that Council not approve this item CONSENT AGENDA Approval of minutes - May 12, 2009 Confirmation of committee appointments - Resolution 09 - 140 Mel Wright would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 19, 2009 and expire May 18, 2010. (Mayor Becky Ames) Mel Wright would be appointed as Chairman to the Ad Hoc Committee for Recycling. The term would commence May 19, 2009 and expire May 18, 2010. (Mayor Becky Ames) Chrystal Lynn Carter will fill the unexpired term of George Jackson on the Parks and Recreation Advisory Committee. The term would commence May 19, 2009 and expire March 20, 2010. (Councilmember Nancy Beaulieu) A) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XIII Project for "extra work" - Resolution 09 - 141 B) Authorize the City Manager and Chief of Police to execute a Memorandum of Agreement between the Beaumont Police Department and ATF Task Force - Resolution 09 - 142 C) Authorize the acceptance of a water line easement to provide access for fire protection services at the new Dollar General Store located at 10 N. 11 th Street- Resolution 09 - 143 D) Authorize the acceptance of a water line easement for the Social Security Administration building located at 8455 Dishman Road - Resolution 09 - 144 E) Authorize the acceptance of two(2)water line easements to provide access for fire protection services to All Saints Episcopal School property - Resolution 09 - 145 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Page 2 of 7 Minutes-May 19,2009 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a contract for the Waterline Installation of Large Diameter Main Bores Contract I. Administration recommended approval of a contract with Allco, Ltd., Beaumont,Texas, in the amount of$636,301.00 to install three 16 inch C905 PVC waterline bores. The first bore is approximately 400 linear feet along Keith Road, crossing Union Pacific Railroad and US Highway 90.The second bore is approximately 200 linearfeet along US Highway 90,crossing Lower Neches Valley Authority Canal. The third bore is approximately 240 linear feet along Keith Road, crossing BNSF Railroad and Phelan Boulevard. The MBE participation will be with Rural Pipe and Supply of Jasper, Texas and is listed by Allco, Ltd. as their material supplier. The amount of the subcontract is for $160,000 which represents 25.15 percent of the total bid. The primary goals of the project are to supply adequate fire protection to the Municipal Airport located on Keith Road and loop the water system to provide high quality uninterrupted water service to the customers. This Contract is recommended for approval by the City Manager and the Water Utilities Director. Funds for the project are available in the Capital Program. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED ALLCO, LTD., OF BEAUMONT, TEXAS, FOR A CONTRACT FOR THE WATERLINE INSTALLATION OF LARGE DIAMETER MAIN BORES CONTRACT I IN THE AMOUNT OF$636,301.00 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 146 2. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. Administration recommended amending Section 21-75 of the Code of Ordinances to reduce the number of Grade III Lieutenant positions by one, resulting in a total of 15 Lieutenants. Page 3 of 7 Minutes-May 19,2009 Lieutenant Dave Sample recently retired from the Police Department resulting in a vacancy. By deleting this position, the total number of authorized positions in the Police Department would be 264. There would be an annual savings of approximately$100,000 if this position is not replaced. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE NUMBER OF GRADE III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Pate seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 026 3. Consider amending Section 26-41 of the Code of Ordinances to allow for towing of uninsured vehicles. Administration recommended the Council amend Section 26-41 of the Code of Ordinances to allow for the towing and impounding of a vehicle that is not insured or otherwise covered for financial responsibility in accordance with state law. The amendment will be effective July 15, 2009. On May 12, 2009, a work session was held to discuss guidelines for the towing of motor vehicles being operated without proof of financial responsibility. In January 2009,the Texas Department of Public Safety implemented a state-wide database through which the status of whether a motorist has insurance for his or her vehicle can be verified. The database can be accessed twenty-four(24)hours a day seven(7)days a week.This tool is the backbone of the program to tow uninsured motor vehicles. Upon adoption of the amended ordinance, the Purchasing Division will post a request for proposal for Contract Towing Services for Impounding of Vehicles. In order to effectively implement this program,the City will enter into a management agreement with a local towing company whereby the towing company will be notified by Police Officers when it is determined that a vehicle is to be towed due to lack of insurance. The towing company will be responsible for towing the vehicle, storing the vehicle, collecting the fees, releasing the vehicle once the owner has shown proof of financial responsibility,and submitting monthly reports required by the City for monitoring the program. The fees charged by the towing company will be based on the adopted rates in Chapter 29 of the Code of Ordinances. If a vehicle owner or designee is able to provide proof of insurance coverage being in effect at the time the vehicle was towed, and provides that proof within one(1) business day(defined as Monday thru Friday) of vehicle impoundment,then the towing company may charge for the towing but must waive all storage fees accrued for that vehicle. Towing companies responding to the request for proposal will be evaluated based on a criteria which includes relevant experience, storage Page 4 of 7 Minutes-May 19,2009 capacity,adequacy and availability of equipment, personnel, and data collection and reporting capabilities. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE II, SECTION 26-41, OF THE CODE OF ORDINANCES TO ALLOW FOR TOWING OF UNINSURED VEHICLES; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,WRIGHT,PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 027 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- COMMENTED ON THE SUCCESSFUL NEIGHBORHOOD CLEAN UP,THANKED EVERYONE INVOLVED FOR ALL OF THEIR HELP AND HARD WORK, THANKED THE AMERICAN CANCER SOCIETY FOR LETTING HIM READ THE PROCLAMATION FOR THEM ON FRIDAY, MAY 16, 2009,ALSO TOOK PART IN THE RELAY FOR LIFE WALK,ANNOUNCED THE SENIOR CITIZENS OF OUR MOTHER OF MERCY WILL BE HAVING A PICNIC ON SATURDAY, MAY 23, 2009, THE TYRRELL PARK NEIGHBORHOOD ASSOCIATION WOULD BE MEETING ON THURSDAY MAY 21, 2009 COUNCILMEMBER PATE - SPOKE REGARDING A REUNION THIS PAST WEEKEND WITH FORMER LAMAR UNIVERSITY FOOTBALL PLAYERS,THE NEW FOOTBALL SEASON WILL BE BACK IN 2010, ANNOUNCED THE BOYS HAVEN CRAWFISH BOIL THAT WILL TAKE PLACE THIS WEEKEND, REMINDED EVERYONE OF MEMORIAL DAY AND WHY WE CELEBRATE,ENCOURAGED EVERYONE TO VISIT THE BABE ZAHARIAS MUSEUM,ALSO THE BABE ZAHARIAS FOUNDATION WILL BE HAVING A GOLF TOURNAMENT THIS WEEKEND COUNCILMEMBER WRIGHT - COMMENTED ON THE 80TH BIRTHDAY OF SUNNY PERKINS THIS PAST WEEKEND, SORRY SHE HAD TO POSTPONE HER HUSBAND CLINTON WRIGHT'S 80TH BIRTHDAY DUE TO HIS ILLNESS I Page 5 of 7 Minutes-May 19,2009 COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COLEMAN - ENCOURAGED EVERYONE TO SUPPORT THE BOYS HAVEN CRAWFISH BOIL THIS WEEKEND, COMMENTED ON THE GRADUATION AT LAMAR UNIVERSITY ON SATURDAY, MAY 16,2009,WHERE 927 STUDENTS GRADUATED,ASKED THAT EVERYONE KEEP CLINTON WRIGHT IN THEIR PRAYERS MAYOR PRO TEM SAMUEL - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE 80TH BIRTHDAY PARTY OF LONG TIME COMMUNITY FRIEND SONNY PERKINS WHO HAS DONE A LOT FOR HIS COMMUNITY, ALSO HOTEL BEAUMONT'S FUND RAISER DENIM AND DIAMONDS WAS A SUCCESS, AS WELL AS THE SOAP BOX DERBY THAT WAS SPONSORED BY THE ROTARY CLUB Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willow Wood Beaumont TX Spoke regarding a noise disturbance in his neighborhood,asked that council please consider freezing citizens taxes when they turn sixty five, in favor of the uninsured motorist ordinance Ria Lihs 295 N. Parkway Dr. Beaumont TX Spoke regarding a vicious dog running loose in her neighborhood, the dog has been identified as a dangerous dog who has attacked other dogs and a person, this dog is still running loose James Royal 435 Pollard Beaumont TX Complained about the storm drainage ditch in the north end of Beaumont and the high grass, commented that in the west end of Beaumont the same ditches are well manicured, also commented on the street that he lives on has changed to an avenue where it used to be a street, would like to know what's going with the street change Ronald Hall 3385 W. Euclid St. Beaumont TX Asked that Council consider bike trails throughout the City of Beaumont Page 6 of 7 Minutes-May 19,2009 Rev. J. D. Roberts 5475 Landry Ln. Beaumont TX Complained about the cars going extremely fast on his street and in his neighborhood, asked that council consider looking at speed bumps on their streets Open session of Council meeting recessed at 2:27 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James R. Traversi v. Brian Woodworth and City of Beaumont, Texas Entergy Texas street lighting billing charges There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. ky Am , Mayor wt Tina Broussard, City Clerk �4p,� 0 s Page 7 of 7 Minutes-May 19,2009