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HomeMy WebLinkAboutMIN NOV 02 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward 11 Audwin Samuel,Ward III November 2,2010 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 November 2,2010,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 1-2,8-12/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Darin Ford, Director of Lamar University Baptist Student Ministry gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu,Wright(arrived at 1:37 p.m.)and Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith absent due to Elections. Proclamations, Presentations, Recognitions "National Adoption Day" - November 19, 2010 - Proclamation read by Councilmember Coleman; accepted by Jennifer Benson and other staff with the Texas Department of Protective Services "Del Papa Distributing Day" - November 6, 2010 - Proclamation read by Mayor Ames; accepted by Will Warren, Director of Human Resources, Del Papa Distributing Public Comment: Persons may speak on scheduled agenda items 1-2, 8-12/Consent Agenda. None Minutes-November 2,2010 CONSENT AGENDA Approval of minutes - October 26, 2010 Confirmation of committee appointments - Resolution 10 - 278 Paula Blazek would be appointed to the Civil Service Commission. The term would commence November 2, 2010 and expire November 1, 2013. (City Manager Kyle Hayes) A) Approve an addendum to the Treasury Management Master Services Agreement with Capital One Bank to include image cash letter services - Resolution 10 - 279 B) Approve the purchase of three Chevrolet Tahoes for use by the Police Department - Resolution 10 - 280 C) Authorize an interlocal agreement with the cities of Port Neches, Nederland and Groves to purchase like goods, services and contracts - Resolution 10 - 281 D) Approve a payment to the South East Texas Regional Planning Commission for fiscal year 2011 dues - Resolution 10 - 282 E) Authorize the City Manager to execute all documents necessary for an affiliation agreement between the City of Beaumont EMS and Emergency Medical Educators- Resolution 10 - 283 F) Approve a change order in the amount of$13,286.66 related to the contract for the 23rd Street Lift Station Rehabilitation Project - Resolution 10 - 284 G) Authorize the acquisition of property for the Concord Road Pavement Widening Project - Resolution 10 - 285 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the engagement of bond counsel relating to the proposed issuance of up to $36 Million of Certificates of Obligation, Series 2011 and General Obligation Refunding Bonds, Series 2011 in the amount up to $17.5 Million. Page 2 of 14 Minutes-November 2,2010 Administration recommended approval of a resolution authorizing the engagement of Orgain, Bell&Tucker, LLP, of Beaumont, as bond counsel, in order to proceed with the issuance of up to$36 Million of Certificates of Obligation,Series 2011 and General Obligation Refunding Bonds, Series 2011 in the amount up to $17.5 Million. The certificates of obligation will be issued to finance the street, drainage, and general improvement projects and pay for professional services rendered in connection with each. The general obligation refunding bonds will refund Series 2001, Series 2003, and Series 2006 Certificates of Obligation. Issuance of the Bonds is scheduled for December 7, 2010 with delivery and receipt of proceeds by the City on January 11, 2011. All debt and other expenses related to the Certificates of Obligation and General Obligation Refunding Bonds will be incurred by the Debt Service Fund and supported by property taxes. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT,TEXAS(THE "CITY")PROPOSES TO ISSUE UP TO$36 MILLION OF CERTIFICATES OF OBLIGATION REFUNDING BONDS, SERIES 2011 IN THE AMOUNT UP TO 17.5 MILLION (THE "BONDS"). Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 286 2. Consider authorizing the publication of a notice of intention to issue up to $36 Million in Certificates of Obligation. Administration recommended approval. An amount of up to$36 Million in Certificates of Obligation will be issued to finance various street,drainage,and general improvement projects. Issuance of the Certificates is scheduled for December 7,2010,with delivery and receipt of proceeds by the City on January 11,2011. All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund and supported by property taxes. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION TO PAY CONTRACTUAL OBLIGATIONS TO BE INCURRED IN CONNECTION WITH AUTHORIZED CAPITAL IMPROVEMENTS AND EQUIPMENT PURCHASES WITHIN THE CITY(HEREIN REFERRED TO AS THE"PROJECT"). Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL Page 3 of 14 Minutes-November 2,2010 NAYS: NONE MOTION PASSED Resolution 10 - 287 Councilmember Samuel left the meeting at 1:50 p.m. 3. Consider a request for a specific use permit to allow a scrap metal recycling center in an LI (Light Industrial) District at 4848 Cardinal Drive. Administration recommended approval of a specific use permit to allow a scrap metal recycling center in an LI (Light Industrial) District at 4848 Cardinal Drive. Angelica Fajardo, representing Angel's Scrap Metal Recycling,has requested a specific use permit. Ms. Fajardo states that the business will collect scrap metal that customers bring in. Angel's Scrap Metal Recycling will be open from 8 a.m. -7 p.m., Monday through Saturday. At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 6:0 to approve a specific use permit to allow a scrap metal recycling center in an LI(Light Industrial) District at 4848 Cardinal Drive subject to the following condition: • No scrap metal shall be stored outside the building. After further review, the Administration feels that an 8'tall wood screening fence would be appropriate along the west property line due to the residential nature of the recreational vehicle park to the west. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SCRAP METAL RECYCLING CENTER IN A LI(LIGHT INDUSTRIAL)DISTRICT AT 4848 CARDINAL DRIVE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 086 4. Consider a request for a specific use permit to allow a wholesale pharmacy in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5905 Phelan. Page 4 of 14 Minutes-November 2,2010 Administration recommended approval of the specific use permit. Charles Ashy, representing PharMerica Corporation, Inc.has requested a specific use permit. PharMerica is relocating from its current location at 310 S. 11 th Street to 5905 Phelan Blvd., Suite 1-2. PharMerica pharmacies provide medication, IV services and pharmacy consulting services to long term care facilities,sub-acute hospitals,assisted living facilities and MHMR residential facilities. The pharmacy is open from 8 a.m. to 5 p.m., Monday-Friday. The pharmacy will occupy an existing lease space in the shopping center. At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 6:0 to approve a specific use permit to allow a wholesale pharmacy in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5905 Phelan. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE PHARMACY IN AN GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT LOCATED AT 5905 PHELAN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 087 Councilmember Samuel returned to the meeting at 1:52 p.m. 5. Consider a request for a specific use permit to allow an office for a social service organization in an RCR(Residential Conservation and Revitalization)District at 1608-1616 Sabine Pass. Administration recommended approval of a specific use permit to allow an office for a social service organization in an RCR(Residential Conservation and Revitalization)District at 1608- 1616 Sabine Pass. Statewide Consolidated Community Development Corporation, Inc.has requested a specific use permit. Rosetta Jones, Executive Director of Statewide Consolidated Community Development Corporation, Inc., has applied fora specific use permit to allow an office for her organization. The property is located at 1608 and 1616 Sabine Pass. Statewide is a non-profit, tax exempt, charitable organization which helps individuals and families of low to moderate incomes achieve home ownership and rental housing for Section 8 tenants. Statewide also provides affordable housing for developmentally disabled individuals. Page 5 of 14 Minutes-November 2,2010 The existing office building will be renovated and the grounds landscaped to beautify the property. The building will be used as the headquarters for Statewide. At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 6:0 to approve a specific use permit to allow an office for a social service organization in an RCR District at 1608-1616 Sabine Pass subject to the following conditions: • An 8'tall wood screening fence must be installed along the north and west property lines of the lot at 1608 Sabine Pass • A 6'wide landscape strip must be installed along the parking lot frontage along Sabine Pass • Provide 19 parking spaces and with a modification to the landscaping requirement along the north and west property lines of the lot at 1608 Sabine Pass. COuncilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE FOR A SOCIAL SERVICE ORGANIZATION IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION)DISTRICT AT 1608-1616 SABINE PASS IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 088 6. Consider a request for an amended specific use permit to allow the expansion of a church in an RS (Residential Single Family Dwelling) District at 8235 Broussard. Administration recommended approval of the amended specific use permit to allow the expansion of a church in an RS (Residential Single Family Dwelling) District at 8235 Broussard. Voth Baptist Church has requested an amended specific use permit. Voth Baptist Church states that a 2,500 sq.ft. building on the subject property was destroyed by Hurricane Rita. The church would now like to construct a 3,000 sq.ft. building to replace the old one. At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 6:0 to approve the amended specific use permit subject to the following condition: Page 6 of 14 Minutes-November 2,2010 • Provide adequate access to the rear building to meet the Fire Department's requirements and with a modification to the landscaping/screening requirements along the west and south property lines and the south 120'of the east property line(5'chainlink fence and existing trees) and the screening requirement along the parking lot frontage on Broussard (no 6' wide landscape strip). Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO VOTH BAPTIST CHURCH TO ALLOW THE EXPANSION OF A CHURCH IN A RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT 8235 BROUSSARD. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 089 7. Consider a request for a specific use permit to allow a funeral home in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3311 Calder. Administration recommended approval of the specific use permit to allow a funeral home in an GC-MD (General Commercial-Multiple Family Dwelling) District at 3311 Calder. Bono Esperanza has requested a specific use permit. The funeral home will operate out of an existing commercial building. The funeral home will be open 10 a.m.-6 p.m., Monday through Saturday. On days with visitation,the funeral home will be open until 8 p.m. Three employees will work at the facility. At a Joint Public Hearing held October 18, 2010, the Planning Commission voted 4:2 to approve a specific use permit to allow a funeral home in a GC-MD District at 3311 Calder subject to the following conditions: • Nineteen parking spaces will be required. • The applicant must provide written permission to use available parking within 400 feet of the subject property or apply for and be granted a special exception to the parking requirement by the Board of Adjustment. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 3311 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Pate seconded the motion. Page 7 of 14 Minutes-November 2,2010 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 090 8. Consider approving the abandonment of portions of a sanitary sewer easement in the 100 block of Lethia. Administration recommended approval of the abandonment. Magnolia Missionary Baptist Church has applied forthe abandonment of several easements on Lethia Street. At a Public Hearing held October 18, 2010, the Planning Commission recommended approval 5:0:1 of the abandonment of approximately 200 ft. of a 5 ft. wide utility easement running across Lots 8-11, Block 1, North 1 st Addition. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING APPROXIMATELY 200' OF A 5'WIDE UTILITY EASEMENT RUNNING ACROSS LOTS 8-11, BLOCK 1, NORTH FIRST ADDITION OF LETHIA STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 091 9. Consider approving the abandonment of Iowa Avenue from the east right-of-way line of University Drive to the west right-of-way line of Cheek. Administration recommended approval of the abandonment of Iowa Avenue from the east right-of-way line of University Drive to the west right-of-way line of Cheek. Lamar University is in the process of adding additional student housing. This portion of Iowa is located between two dorm buildings. To allow for the safety of the dorm residents, Lamar is requesting that this portion of Iowa be abandon. The university is in agreement that the abandonment will be subject to retaining a general utility easement to accommodate the existing utilities within the right-of-way. Page 8 of 14 Minutes-November 2,2010 At a Public Hearing held October 18, 2010, the Planning Commission recommended approval 6:0 of the abandonment of Iowa Avenue from the east right-of-way line of University Drive to the west right-of-way line of Cheek, subject to the following conditions: • The City of Beaumont shall retain a 60' x 460' general utility easement in the abandoned right-of-way. • The City of Beaumont shall retain a general access easement. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING IOWAAVENUE FROM THE EAST RIGHT-OF- WAY LINE OF UNIVERSITY DRIVE TO THE WEST RIGHT-OF-WAY LINE OF CHEEK STREET,BEAUMONT, JEFFERSON COUNTY, TEXAS; AND RETAINING A GENERAL UTILITY EASEMENT AND GENERAL ACCESS EASEMENT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 092 10. Consider approving an appeal by Greg Riley of the Historic Landmark Commission's denial of the request to demolish the house at 1315 Calder. Administration recommended approval of the request. Greg Riley has applied for the appeal. The City of Beaumont tagged 1315 Calder as a substandard structure on May 5, 2006. On February 12,2008,Greg Riley,the property owner,was granted an HC-L(Historical-Cultural Landmark Preservation)Designation by City Council. This designation allowed Mr. Riley an additional two years to bring the structure up to minimum building standards. Mr. Riley never did enter into an official work repair program. However,work was done on the foundation of the house and the front porch was demolished. Some emergency work was also done on the roof. No other substantial repairs were done. Mr. Riley states that he allowed an architectural salvage company to come in and take all the salvageable architectural details in the house. He says that the house is now nothing more than a shell. The house continues to deteriorate and it is the desire of Mr. Riley to see the house demolished. At a Public Hearing held on July 12, 2010, the Historic Landmark Commission voted 6:1 to deny the request. The demolition will be paid for from a demolition line item in the General Fund. Page 9 of 14 Minutes-November 2,2010 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OVERTURNING THE DECISION OF THE HISTORIC LANDMARK COMMISSION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS TO DEMOLISH THE PROPERTY LOCATED AT 1315 CALDER AVENUE, BEAUMONT,TEXAS AND APPROVING SAID APPLICATION. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 10 - 093 Councilmember Coleman left the meeting at 2:00 p.m. 11. Consider approving the purchase offifty-five Digital Mobile Video System units forthe Police Department. Administration recommended approval of the purchase from Coban Technologies of Stafford, Texas in the amount of$373,900. Pricing for the DMVS is obtained through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas procurement statutes. State law requires cameras to be used on certain law enforcement vehicles. The DMVS captures, secures, stores and manages in-car video evidence. In June of 2009, Council approved the purchase of the DMVS system and equipment for fifty-five (55) of the one hundred ten (110) police vehicles to be equipped. The remaining units were planned for purchase with additional grant funds when available. The warranty provided is three(3)years. Coban Technologies will provide technical support and service. Delivery is expected in forty-five (45) days. Funding is available from the 2009 American Recovery and Reinvestment Act Justice Assistance Grant. There is no required match by the City. Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANGER BE, AND HE IS HEREBY,AUTHORIZED TO APPROVE THE PURCHASE OF FIFTY-FIVE(55)DIGITAL MOBILE VIDEO SYSTEM (DMVS) UNITS FROM COBAN TECHNOLOGIES, OF STAFFORD, TEXAS IN THE AMOUNT OF $373,000 THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) COOPERATIVE PURCHASING PROGRAM FOR USE BY THE BEAUMONT POLICE DEPARTMENT. Councilmember Beaulieu seconded the motion. Page 10 of 14 Minutes-November 2,2010 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS BEAULIEU, WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 288 Councilmember Coleman returned to the meeting at 2:02 p.m. 12. Consider accepting the Grand Recap of the tax roll for the tax year 2010(Fiscal Year 2011) Administration recommended the acceptance of the Grand Recap of the tax roll for the tax year 2010 with a taxable value of$6,808,190,820. Pursuant to the Texas Property Tax Code,Section 26.09,this recap must be approved by the City Council. On September 21, 2010, Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$6,808,190,820. There is no change in the taxable value of the Grand Recap. Property tax revenues in the FY 2011 Budget were calculated based on this taxable value at a collection rate of 97%and the amount of$29,017,000 is budgeted in the General Fund and $13,249,000 is budgeted in the Debt Service Fund. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL, PURSUANT TO THE TEXAS PROPERTY TAX CODE,SECTION 26.09,HEREBYAPPROVES THE GRAND RECAP OF THE TAX ROLL YEAR 2010 (FY2011) WITH A TAXABLE VALUE OF $6,808,190,820. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 289 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Page 11 of 14 Minutes-November 2,2010 WORKSESSION Review and discuss the proposed Schedule of Events and Bond Underwriting Recommendation related to the issuance of Certificates of Obligation Ryan O'Hara with RBC Capital Markets discussed selling$35 million in Certificates of Obligations, Series 2011 and $17.5 million in General Obligation Refunding Bonds, Series 2011. The current market conditions were discussed as well as the estimated debt service requirements, tax rate impact analysis,and the tentative schedule of events that will lead to the selling of the Certificates of Obligation and the General Obligation Refunding Bonds. Councilmember Samuel asked several questions regarding the 20% MBE (Minority Business Enterprise) participation in the Request for Proposal for Underwriters. There was a handout given to each Councilmember and in that handout there were five companies that were ranked to work on the team with RBC. Councilmember Samuel recommended that one MBE business be included in the five companies ranked and one be removed. It was agreed by Council that Morgan Keegan which was ranked number four be removed, Raymond James which is a local Beaumont firm ranked number five be moved to number four and Estrada Hinojosa be included as the fifth ranked company on the list. With there being no other questions or comments the Worksession ended. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ABSENT COUNCILMEMBER SAMUEL- CONDOLENCES TO THE FAMILY OF STEPHANIE PEARSON WHO LOST HER SON TO CANCER ON THIS PAST WEEK, COMMENTED THAT IT WAS NOT A GOOD WEEKEND FOR TEXAS PROFESSIONAL SPORTS, AS WELL AS LAMAR UNIVERSITY MAYOR PRO TEM PATE- CONDOLENCES TO THE PEARSON FAMILY,CONGRATULATED THE MENS TRACK TEAM AT LAMAR UNIVERSITY WHO WON THE SOUTHLAND CONFERENCE COUNCILMEMBER WRIGHT- COMMENTED ON THE PAVING OF AVENUE A, CONGRATULATED .TIMMY COKINOS ON ALL OF HIS ACCOMPLISHMENTS,ENJOYED THE TML CONFERENCE ON LAST WEEK, PROUD OF ATTORNEY TYRONE COOPER WHO JUST FINISHED HIS TERM AS PRESIDENT OF THE ATTORNEY'S ASSOCIATION, ALSO STATED THAT COUNCILMEMBER SAMUEL IS DOING A GREAT JOB AS PRESIDENT OF NBC-LEO,REMINDED EVERYONE TO VOTE, COMMENTED ON THE COUGARS WINNING THEIR SOCCER GAME Page 12 of 14 Minutes-November 2,2010 COUNCILMEMBER BEAULIEU - CONDOLENCES TO THE PEARSON FAMILY, THANKED EVERYONE THAT VOTED EARLY, EARLY VOTING WAS PHENOMENAL THROUGHOUT THE COUNTY, PROUD THAT EVERYONE IS PARTICIPATING IN THE PROCESS COUNCILMEMBER COLEMAN - RECOGNIZED TWO ALL SAINTS STUDENTS, THOMAS WADDILL AND MATTHEW MILLER, WHO ARE A PART OF SCOUT TROOP 601, THANKED THEM FOR ATTENDING THE MEETING CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury Rd. Beaumont TX Spoke in regards to election day, the running process and what the candidate is elected to do, cherishes America and the freedom afforded by the Constitution, glad to have a City Council managed in a climate such as this one, the Council should not be oblivious to the tensions in the community of citizens that want their voices to be heard on a range of subjects Bruce Hoffer 2535 North St. Beaumont TX Reminded Council and the general public that the YMBL is sponsoring the Special Olympics at the Jaguar Stadium at Babe Zaharias Park on Wednesday, November 3, 2010 at 9:00 a.m., on Thursday, November 4, 2010, St. Marks will be hosting a chili lunch and dinner, Saturday is the opening of deer hunting season, Saturday night is day light savings time, Mexican League soccer continues to be played at Babe Zaharias Park every Sunday morning,the adult co-ed and the youth league play at the Chris Quinn Memorial Complex and has two more weeks of their fall season, there will be a State Wide Tournament held at the Chris Quinn Complex the first two weeks in December Open session of meeting recessed at 2:36 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Vacation Carryover Grievances of Harold Smithers and Tracy O'Quinn James Mathews, Jr., Cause No. X-1045 Page 13 of 14 Minutes-November 2,2010 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. ecky NOA, Mayor �y rr Tina Broussard, City Clerk Page 14 of 14 Minutes-November 2,2010