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Home My WebLink AboutMIN JAN 11 2011 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 Ward II Audwin Samuel,Ward III January 11, 2011 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 11, 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 eak on scheduled agenda items 1-4/Consent Agenda 9 g Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit of Magnolia Baptist Church 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 Pate, Councilmembers Coleman, Samuel and Smith. Absent: Councilmember Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Wright was absent due to the death of her husband, Clinton Wright. Proclamations, Presentations, Recognitions "Beaumont Crime Stoppers Month" - January, 2011 - Proclamation read by Mayor Pro Tern Pate; accepted by Beaumont Crime Stoppers Board and Police Coordinators Randy Stevens and Carol Riley, also the Chairman of the Board of Beaumont Crime Stoppers, Robert Blackwell, resented an award to a major supporter of Crime Stoppers, which is p 1 pp pp Wright Scrap Metals "Braille Literacy Month" - January, 2011 - Proclamation ready by Councilmember Samuel; accepted b Kenneth Semien ith Beaumont Area Council of the Blind p Y Sr.,, Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. Bruce Hoffer 2535 North St. Beaumont TX Spoke in regards to Item#1 on the agenda, asked that council not approve the Ordinance for a 3ft bicycle lane Minutes-January 11,2011 Joseph Scherick 310 Simmons Beaumont TX Spoke in regards to Item #1 on the agenda, spoke in favor of the bicycle lane, suggested that in order to keep cost down, there could be a dotted line or something of that nature to signify the bicycle lane CONSENT AGENDA Approval of minutes - December 14, 2010 Confirmation of committee appointments - Resolution 11 - 001 Dwight Benoit would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Mayor Becky Ames) Sandra Womack would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10, 2013. (Mayor Becky Ames) Abe Roman would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Mayor Becky Ames) Tom LeTourneau would be appointed to the Police Department Community Advisory Committee. The term would commence January 11,2011 and expire January 10, 2013. (Mayor Pro Tern W.L. Pate, Jr.) Bart Owens would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Mayor Pro Tern W.L. Pate, Jr.) Paul Montes, Sr. would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Gethrel Williams-Wright) Morline Guillory would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Gethrel Williams-Wright) Glen Johnson would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Alan B. Coleman) Belashia Wallace would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Audwin M. Samuel) Ronnie Bishop would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Audwin M. Samuel) Page 2 of 10 Minutes-January 11,2011 William Sam, Sr. would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Jamie D. Smith) Patrick Gibbs would be appointed to the Police Department Community Advisory Committee. The term would commence January 11, 2011 and expire January 10, 2013. (Councilmember Jamie D. Smith) Dr. John Falgout (City Veterinarian) would be reappointed to the Animal Health Advisory Committee. The current term would expire December 13, 2012. (Mayor Becky Ames) Ingrid Holmes (Health Director)would be reappointed to the Animal Health Advisory Committee. The current term would expire November 15, 2012. (Mayor Becky Ames) Matthew Fortenberry (Animal Control Supervisor) would be reappointed to the Health Advisory Committee. The current term would expire November 13, 2012. (Mayor Becky Ames) Raymond Ambres would be reappointed to the Community Development Advisory Committee. The current term would expire December 18, 2012. (Mayor Becky Ames) Bessie Chisum would be reappointed to the Community Development Advisory Committee. The current term would expire December 22, 1012. (Councilmember Alan B. Coleman) A) Approve a six month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department - Resolution 11 - 002 B) Approve a contract for asphaltic concrete pavement placement for repairs to large street sections - Resolution 11 - 003 C) Approve a six month contract for the purchase of liquid chlorine for use by the Water Utilities Department - Resolution 11 - 004 D) Authorize the acquisition of property located at 6640 Eastex Freeway forthe Concord Road Pavement Widening Project - Resolution 11 - 005 E) Authorize the acquisition of property located at 5670 Concord Road for the Concord Road Pavement Widening Project - Resolution 11 - 006 F) Authorize the acquisition of property located at 5275 Concord Road for the Concord Road Pavement Widening Project - Resolution 11 - 007 G) Authorize the City Manager to execute an agreement for the use of the stables at Tyrrell Park - Resolution 11 - 008 H) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for South Park Middle School located at 4500 Highland Drive - Resolution 11 - 009 1) Authorize the acceptance of a fifteen foot wide Exclusive Waterline Easement located at 3920 West Cardinal Drive - Resolution 11 - 010 Page 3 of 10 Minutes-January 11,2011 J) Authorize the City Manager to enter into a Cooperative Purchasing Agreement with the City of Fort Worth related to procurement card services - Resolution 11 - 011 K) Authorize the City Manager to enter into a Participation Agreement with JPMorgan Chase Bank, N.A. or Chase Bank USA, N.A. to provide commercial procurement card services to the City of Beaumont - Resolution 11 - 012 L) Authorize the City Manager to execute a Lease Agreement for the use of property located at 4890 Dowlen Road for the Public Health Department's Women, Infants, and Children (WIC) Program - Resolution 11 - 013 M) Approve a resolution authorizing an exchange of property with Altus Healthcare Management - Resolution 11 - 014 N) Approve the purchase of a Digital Archiving System for the Tyrrell Historical Library and accepting a donation of funds - Resolution 11 - 015 O) Approve the appointment of Sharae Nicole Bassett as an Assistant City Attorney II and setting her starting compensation - Resolution 11 - 016 P) Approve the appointment of Lauren Michell Beamon as an Assistant City Attorney II and setting her starting compensation - Resolution 11 - 017 Q) Approve the appointment of Courtney Pitchford Davis as an Assistant City Attorney 11 and setting her starting compensation - Resolution 11 - 018 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting an ordinance requiring motorists to give a minimum three feet of distance when approaching or passing a cyclist, pedestrian or other specified road users. Administration recommended adoption of an ordinance establishing a standard safe distance of 3 feet for motorists approaching or passing a cyclist, pedestrian, or other specified road users on the roadway. Current state law requires motorists to provide cyclists, pedestrians and other specified road users a "safe distance", with no specific distance required. Violation of the ordinance is a Class C Misdemeanor, subject to a maximum $500 fine. Page 4 of 10 Minutes-January 11,2011 Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES BY ADDING A NEW ARTICLE 20.08 OF THE CODE RELATING TO RESTRICTIONS ON OPERATING A MOTOR VEHICLE NEAR VULNERABLE ROAD USERS,AND CREATING AN OFFENSE;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 11 - 001 2. Consider approving a contract with APAC-Texas, Inc. for the purchase of asphaltic concrete for use by the Streets and Drainage Division. Administration recommended the award of a six (6) month contract to APAC-Texas, Inc., of Beaumont, with an estimated total expenditure of $752,255. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections. The bidder met all product requirements specified and has previously held the contract satisfactorily. Funds for the cold laid concrete are available in the Streets and Drainage Division's operating budget. Funds are available in the Capital Program for the hot laid concrete which is used for street rehabilitation. Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY APAC-TEXAS, INC., FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION, IN THE ESTIMATED AMOUNT OF $752,255 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 019 Page 5 of 10 Minutes-January 11,2011 3. Consider approving an annual maintenance agreement with SunGard Public Sector for Police, Fire and EMS public safety software support. Administration recommended payment of an invoice to SunGard Public Sector for the renewal of an annual maintenance agreement for Police, Fire and EMS public safety software support in the amount of $ 231,044.20. The software maintenance agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday-Friday, 8-5 support for mobile computers, electronic field reporting, and all record managements applications, and provides annual software upgrades. The maintenance contract is budgeted in the General Fund. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO PAY AN INVOICE IN THE AMOUNT OF $231,044.20 TO SUNGARD PUBLIC SECTOR FOR THE RENEWAL OF AN ANNUAL MAINTENANCE AGREEMENT FOR POLICE, FIRE, AND EMS PUBLIC SAFETY SOFTWARE SUPPORT BEGINNING JANUARY, 2011. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 020 4. Consider accepting a donation from Samson Lone Star, LLC for the purpose of providing certain improvements to the Gulf Terrace Hike and Bike Trail. Administration recommended approval. Samson Lone Star, LLC ( "Samson"), an independent oil and gas producer with facilities adjacent to the Gulf Terrace Hike and Bike Trail, wishes to donate $28,500 for shade structures, tables and benches at the Hike and Bike Trail to benefit the citizens of Beaumont. If approved, staff will work cooperatively with Drainage District No. 6 and Samson to finalize and implement the project. After completion , Samson has agreed to host an event to showcase the improvements and publicize the Hike and Bike Trail. The Staff appreciates the cooperation of Drainage District No.6 and the generous offer made by Samson for improvements that will benefit the community and enhance the Hike and Bike Trail. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL ACCEPTS A DONATION IN THE AMOUNT OF $28,500 FROM SAMSON LONE STAR, LLC FOR SHADE Page 6 of 10 Minutes-January 11,2011 STRUCTURES, TABLES AND BENCHES AT THE GULF TERRACE HIKE AND BIKE TRAIL. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 021 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORK SESSION Review and discuss early voting polling locations in each Ward Tina Broussard, City Clerk, discussed the purpose of the worksession which is to add four additional polling locations, one in each ward as opposed to the one location previously in place. It was also recommended that the early voting polling locations be open on the weekend to allow more registered voters an opportunity to vote. In order to make early voting more accessible to the registered voters, it is suggested that early voting locations be provided in each Ward. In order to provide this service to the voters, the use of voting locations being expanded to include Saturday and Sunday would further enable each registered voter to vote early. In order to provide these additional services to the voters without additional cost, a City facility or a facility that does not charge a rental fee for this purpose is recommended. Each Councilmember was given a list of three facilities to choose from. Those facilities are as follows: Ward I Ward III BISD Administration Building North End Community Center Calvary Baptist Church Sterling Pruitt Activity Center Ridgewood Retirement Home Jefferson County Court House Ward II Ward IV Rogers Park Community Center Theodore Johns Library Dishman Elementary School Lamar University Women's Gym Municipal Airport USW Union Hall The total cost for the five early voting polling locations would cost $10,320. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- CONDOLENCES TO COUNCILMEMBER WRIGHT ON THE LOSS OF HER HUSBAND, CLINTON WRIGHT,WHO WAS A FINE MAN AND PUBLIC SERVANT, THANKED EVERYONE THAT SUBMITTED THEIR NAME FOR THE WARD II SEAT, WISHED EVERYONE GOOD LUCK, COMMENTED ON LAMAR Page 7 of 10 Minutes-January 11,2011 UNIVERSITY'S MEN AND WOMEN'S BASKETBALL, CONGRATULATED THE BEAUMONT CRIME STOPPERS BOARD AS WELL AS RANDY STEVENS AND CAROL RILEY FOR THE 25 YEARS OF SOLVING CRIMES IN SOUTH EAST TEXAS MAYOR PRO TEM PATE- CONDOLENCES TO COUNCILMEMBER WRIGHT ON THE LOSS OF HER HUSBAND, CLINTON WRIGHT, WHO WAS IN THE UNITED STATES ARMY AND ACTUALLY SERVED IN KOREA AND VIETNAM,ENCOURAGED EVERYONE TO START THE NEW YEAR BY BUCKLING THEIR SEAT BELTS, SEVERAL LIVES WERE LOST OVER THE HOLIDAYS, STATED THAT HE AND COUNCILMEMBER SMITH HAD THE HONOR OF SITTING IN ON AN AMERICAN LEGION PROGRAM DISCUSSING THE CONSTITUTION, THANKED POST 817 FOR THE PROGRAM, ALSO SALUTED RANDY STEVENS ON THE GREAT JOB HE DOES WITH CRIME STOPPERS AS WELL AS THE CIVIL AIR PATROL,THANKED THOSE THAT ARE PARTICIPATING IN THE WARD I) SEAT PROCESS, THANKED SAMPSON LONE STAR, COMMENTED ON LAMAR UNIVERSITY WOMEN AND MEN'S BASKETBALL GAMES, ANNOUNCED THE WOMEN WILL PLAY ON WEDNESDAY AT 5:00 P.M.,THE MEN WILL PLAY AT 7:00 P.M.,ANNOUNCED CLINTON WRIGHT'S FUNERAL SERVICES, FRIDAY, JANUARY 14, 2011, AT 11:00 A.M., MCCABE ROBERTS METHODIST CHURCH COUNCILMEMBER WRIGHT - ABSENT COUNCILMEMBER SAMUEL - GAVE CONDOLENCES TO COUNCILMEMBER WRIGHT AND HER FAMILY ON THE LOSS OF HER HUSBAND, CLINTON WRIGHT, ASKED THAT SECURITY BE LOOKED AT FOR THE SAFETY OF THE EMPLOYEES, THE BUILDING IS OPEN AND ONE OF THE FEW PUBLIC ENTITIES THAT ALLOW OPEN ACCESS AT ALL TIMES, THE COUNTY HAS TIGHTENED SECURITY AND WITH THE TIMES AS THEY ARE THIS NEEDS TO BE LOOKED AT,ALSO CONGRATULATED LAMAR UNIVERSITY MEN AND WOMEN'S BASKETBALL TEAM,AS WELL AS COACH PAYTON AS BEING APPOINTED THE ASSISTANT ATHLETIC DIRECTOR AT LAMAR, ALSO CONGRATULATED AND COMMENDED BORDEN CHAPEL BAPTIST CHURCH, WHERE THEY HAD A CEREMONY FOR A CITY EMPLOYEE AND ONE OF THEIR OWN, SGT. DERRICK WOODS, WHO HAS SERVED THREE TOURS OF OVERSEAS DUTY,THANKED THE VETERANS WHO ALSO JOINED IN THE RECOGNITION AND CELEBRATION FOR ALL OF OUR SERVICE MEN, THANKED THE WARD II APPLICANTS, ASKED THAT THE CITY SHOW A BIT MORE COMPASSION AND COURTESY FOR THE VISUALLY IMPAIRED OR HANDICAP THAT VISIT THE COUNCIL MEETINGS, THERE WILL BE A M.L. KING CELEBRATION PARADE AT 9:00 A.M., Page 8 of 10 Minutes-January 11,2011 SATURDAY FROM FRANKLIN TO M.L.K. TO LAMAR UNIVERSITY COUNCILMEMBER SMITH - CONDOLENCES TO COUNCILMEMBER WRIGHT AND HER FAMILY, SPOKE WITH HER AND SHE ASKED THAT HE LET EVERYONE KNOW THAT SHE APPRECIATES THE PHONE CALLS AND PRAYERS, ALSO GAVE CONDOLENCES TO THE MICHAEL RAWL'S AND KNIGHT FAMILIES, THANKED THOSE THAT SUBMITTED THEIR NAMES FOR THE WARD I) SEAT CITY ATTORNEY COOPER - CONDOLENCES TO COUNCILMEMBER WRIGHT AND HER FAMILY CITY MANAGER HAYES - CONDOLENCES TO THE WILLIAMS AND WRIGHT FAMILY MAYOR AMES - THOUGHTS AND PRAYERS GO OUT TO COUNCILMEMBER WRIGHT AND HER FAMILY Public Comments (Persons are limited to three minutes) Bruce Hoffer 2533 North St. Beaumont TX Encouraged everyone to visit Lamar University Basketball games, stated that registration for Spring soccer can be done on line at www.bysc.net, prayers go out to Councilmember Wright and her family, disagrees with Councilmember Samuel, likes the idea that he can openly visit City Hall without going through a security check, asked that the City not spend money on security, urged Council not to appoint anyone that is planning to run in the general election for Ward 11, it makes it appear that Council is endorsing a particular person over another Clarence Provost 2170 Washington Blvd. Beaumont TX Asked that Council do their best and do the right thing for the new year, asked the City Manager to implement safety for staff and citizens, address attendance at Ford Park, asked the Manager to consider changing the three minute timer Vernon Durden 2110 Westbury Rd. Beaumont TX Congratulated everyone that was appointed to the Police Department Community Advisory Committee, disappointed that he didn't receive a phone call from the Mayor to be appointed to the Advisory Committee, there is an ordinance that states in order to serve on a committee in the City of Beaumont you must be a resident Kimberly Kumar 10950 Sherwood Dr. Beaumont TX Stated that she is the President of the Port Arthur/Beaumont Cricket Club, asked Council for a portion of land be donated or built up for basketball, tennis courts and plenty of recreation, this would be a great revenue for the City and it would bring people to the city, a letterwith specifications has been submitted to the Department of Recreation,also stated Page 9 of 10 Minutes-January 11,2011 that she is no longer in the running for Ward II, apparently you have to live in that Ward in order to run, she believes that it does not matter if a person plans to run in the May election or not it should be based on a persons qualifications 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: Ward II City Councilmember Candidates: Lauren Williams Mason Nathan H. Cross Douglas C. Conner Charlie Gibbs Kimberly Ann Kumar Richard S. Mathews Jimmy E. Booker Rhonda E. Ruben Christine L. Stetson Tawana Walter-Cadien Ryan W. Gertz There being no action taken in Executive Session, Council adjourned. AuAio available up n request in the City Clerk's Office. Be y Am a r O�T'`11t1 t�/ Tina Broussard, City Clerk ��j �X Page 10 of 10 Minutes-January 11,2011