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MIN SEPT 20 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith, Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu, Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tern,Ward III September 20, 2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on September 20, 2005, 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 4-7/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor Ed Hillyer of the Forest Park United Methodist Church gave the invocation. Mayor Goodson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tem Samuel, Councilmembers Smith, Beaulieu, Ames and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Pray Beaumont Day" - September 25, 2005 - Proclamation read by Councilmember Beaulieu; accepted by Pastor Howard Cameron of Trinity Church and other various church clergy "Prostate Cancer Awareness Month" - September, 2005 - Proclamation read by Councilmember Smith; accepted by Kristi Young representing Regina Rogers - Julie Rogers "Gift of Life" program "Constitution Week" - September 17 - 25, 2005 - Proclamation read by Councilmember Ames; accepted by Betty Terrell Owens, DAR Presentation was made by Fire Chief Micky Bertrand regarding the progress and status of Hurricane Rita and possible points of contact Assistant City Attorney Bettye Kyle Thomas was introduced to Council and the citizens of Beaumont Minutes-September 20,2005 Public Comment: Persons may speak on scheduled agenda items 4-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - Minutes of September 13, 2005 Confirmation of committee appointments - Resolution 05-202 Sina Nejad would be appointed to the Planning and Zoning Commission. The term would commence September 20, 2005 and expire September 19, 2008. (Councilmember Nancy Beaulieu) A) Approve the appointment of Bettye Kyle Thomas as a Senior Assistant City Attorney and setting her starting compensation - Resolution 05-203 B) Approve the purchase of motorcycle video equipment for the Police Department - Resolution 05-204 C) Amend Resolution Number 05-199 to correct the name of an appointee to the Historic Landmark Commission - Resolution 05-205 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting the FY 2006 Budget - Ordinance 05-071 Administration recommended Council adopt the FY 2006 Budget as submitted to Council on August 16, 2005. Article VI, Section 8 of the City Charter requires that "the budget shall be adopted by the favorable votes of at lease a majority of all members of the Council." Proposed appropriation for all funds, net of contingency, totals $172,310,399. Additionally, a contingency appropriation of $1,500,000 is made for the General Fund. The FY 2006 Budget was reviewed during a workshop on August 30,2005. A public hearing was held on August 30,2005 which met the requirements of the Charter but not state law. A second public hearing was held on September 6, 2005 that met the requirements of state law. Page 2 of 8 Minutes-September 20,2005 Councilmember Ames moved to ADOPT ORDINANCE 05-071 ENTITLED AN ORDINANCE REFERRED TO AS THE"ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1,2005 AND ENDING SEPTEMBER 30,2006 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT;APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU, AMES AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider accepting the tax roll and establishing the property tax rate for the tax year 2005 (FY 2006) - Ordinance 05-072 Administration recommended that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.659 for the tax year 2005(FY 2006). The tax rate would be apportioned$0.407869 to the General Fund and $0.251131 to the Debt Service Fund. This distribution represents a reduction of$0.005 and shift of$0.026602 from the rate dedicated to the Debt Service Fund to the General Fund. Property tax revenue in the FY 2006 Budget is calculated at the rate of$0.659 per $100 in assessed value. This rate, applied to the certified tax roll of$4,913,341,853 at a collection rate of 97% generates approximately $31,408,000 for the General and Debt Service Funds combined. Councilmember Smith made a motion to MOVE THAT PROPERTY TAXES BE INCREASED BY THE ADOPTION OF A TAX RATE OF$0.659 AND TO ADOPT ORDINANCE 05-072 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE;PROVIDING FOR LEVYING,ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2005; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider adopting the 2006 Capital Program - Resolution 05-206 Administration recommended Council adoptthe 2006 Capital Program as submitted to Council May 10, 2005 and updated August 30, 2005. Page 3 of 8 Minutes-September 20,2005 Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." In the 2006 Capital Program, projects in the construction phase total $76,908,000 and include $18,395,000 in Public Works projects, $7,200,000 in General Improvement projects and $51,313,000 in Water and Sewer projects. Projects in the design phase total $117,404,000 which includes $85,118,000 in Public Works projects, $7,220,000 in General Improvement projects, and $25,066,000 in Water and Sewer projects. The total for planned projects in all three areas is $123,635,000. The Capital Program was submitted to Council on May 10, 2005 and reviewed during a work session on August 30, 2005. A public hearing was also held on August 30, 2005. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-206 THAT THE FY 2006 CAPITAL PROGRAM IS HEREBY ADOPTED AS SUBMITTED TO COUNCIL. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider amending various parts of Section 29-40 through 29-64 of the Code of Ordinances relating to taxicabs - Ordinance 05-073 Administration recommended the Code of Ordinances regulating taxicabs had not been amended since October of 1999. After a thorough review, a number of changes are being recommended. Proposed changes include: (1) Instituting an annual company license permit fee of$100 and a $75 annual fee for each permitted vehicle. The above set fees will replace the current 1.5% of gross receipts' method of payment. (2) The rate or fare of either one or two passengers would remain at $2.00 for the first 1/10 mile or fraction thereof; however, the $0.10 for each 1/10 mile traveled thereafter would be increased to $0.20. (3)The$0.25 rate per minute of waiting time at the instance of the passenger would be increased to $0.30. (4) Regulations for engaging a taxicab on an hourly basis would be deleted from the ordinance. The City would receive approximately $2,500 less in annual revenue by changing the payment method. Page 4 of 8 Minutes-September 20,2005 Councilmember Ames made a motion to ADOPT ORDINANCE 05-073 ENTITLED AN ORDINANCE REPEALING SECTIONS 29-42(d)AND 29-43 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONTAND ADDING A NEW SECTION 29-42(d);AND AMENDING SECTIONS 29-40, 29-42 (c), 29-44, 29-50 (b) (d) AND (e), 29-51 (d) (e) AND (f)AND 29-52 (b); PROVIDING FOR A CHANGE IN THE DEFINITION OF CHIEF OF POLICE; PROVIDING FOR AN ANNUAL COMPANY LICENSE FEE OF$100 AND AN ANNUAL VEHICLE PERMIT FEE OF$75; PROVIDING FOR THE ELIMINATION OF AN AUTOMATIC RENEWAL OF PERMITS; PROVIDING FOR THE ELIMINATION OF A GROSS RECEIPTS PERMIT FEE; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT TO FILE A SWORN STATEMENT OF MONTHLY RECEIPTS; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT OF AN INSPECTION BY A COMPETENT MECHANIC; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT FOR AN APPLICANT FOR A CHAUFFEUR'S LICENSE TO PROVIDE A CERTIFICATE OF NO AILMENTS FROM A REPUTABLE PHYSICIAN OF THE CITY; PROVIDING FOR AN INCREASE IN RATES AND FARES AND THE ELIMINATION OF A SEPARATE FARE FOR TAXI CABS HIRED ON AN HOURLY BASIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving an agreement with Cook Shaver Parker & Williams, P.C. for auditing services related to the 2005 Fiscal Year- Resolution 05-207 Administration recommended approving an agreement with Cook Shaver Parker& Williams, P.C. for auditing services related to the 2005 fiscal year. The Beaumont City Charter states "no auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four successive years." This will be the third consecutive year that Cook Shaver Parker&Williams has been appointed as auditor for the City, and therefore, they will be eligible to serve for fiscal year 2006 as well. Interim work is scheduled to begin later this month, and the financial auditing reports will be completed by January 24, 2006. The contract amount including expenses will not be greater than $62,550, which is the same as in last year's contract. Funds will be available in the FY 2006 budget for this expenditure. Council approved an agreement with Cook Shaver Parker&Williams, P.C. on July 22,2003 for auditing services related to the 2003 fiscal year,with an option to renew annually for a period of three additional years. The second year agreement was approved on August 3, 2004. Councilmember Smith made a motion to APPROVE RESOLUTION 05-207 THAT THE FIRM OF COOK SHAVER PARKER&WILLIAMS, P.C. BE AND IT IS HEREBY, DESIGNATED AS THE INDEPENDENT AUDITING FIRM FOR THE CITY OF BEAUMONT FOR A CONTRACT AMOUNT Page 5 of 8 Minutes-September 20,2005 OF NO GREATER THAN $62,550 INCLUDING EXPENSES FOR THE FISCAL PERIOD ENDING SEPTEMBER 30, 2005 WITH AN OPTION TO RENEW ANNUALLY FOR A PERIOD OF ONE ADDITIONAL YEAR. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider authorizing the City Manager to execute an extension of the Beaumont Community Players' Development and Lease Agreement Beaumont Community Players requested that this item be deferred until a later meeting; permission granted by City Council. 7. Consider approving the City of Beaumont Investment Policy with changes - Resolution 05-208 Administration recommended a review of the City of Beaumont Investment Policy and approval with changes. Max Duplant made a presentation of the Investment Policy and answered any questions presented by City Councilmembers. State law mandates the City Council review the Investment Policy and approve modifications, if any to the policy on an annual basis. The City's current policy was adopted on September 26, 1995 with amendments on October 29, 1996, October 28, 1997 and November 3, 1998, November 9, 1999, November 21, 2000, January 29, 2002, March 4, 2003 and May 4, 2004. Councilmember Ames made a motion to APPROVE RESOLUTION 05-208 THAT THE CITY OF BEAUMONT INVESTMENT POLICY HAS BEEN REVIEWED AND IS HEREBY IN ALL THINGS ADOPTED WITH ALL CHANGES TO THE POLICY ARE REFLECTED THEREIN. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE MAYOR PRO TEM SAMUEL- CONCERNED ABOUT THE STREET WIDTH AND DITCHES AT RIVERCREST AND EAST LUCAS DRIVE; COMMENDED THE FAMILY OF DEMITRIS JOHNSON AND HIS BROTHERS FOR Page 6 of 8 Minutes-September 20,2005 THEIR COMMITMENT TO THE EAGLE SCOUT PROGRAM; HAD THE OPPORTUNITY, ALONG WITH COUNCILMEMBER PATTERSON,TO HELP CELEBRATE THE 100TH BIRTHDAY OF ONE OF OUR CITIZENS; REQUESTED THAT TOM WARNER CHECK ON SOME SCHOOL BUS STOP SIGNS AT HELBIG ROAD NEAR PLYMOUTH VILLAGE COUNCILMEMBER AMES - HONORED TO REPRESENT THE MAYOR FOR NATIONAL REHABILITATION WEEK AT THE HEALTHSOUTH IN-PATIENT FACILITY COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - ATTENDED SOME OF THE ACTIVITIES OF THE HISPANIC HERITAGE; THANKED THE US ARMY RESERVE FOR THE OPPORTUNITY TO BE PRESENT FOR THE DELIVERY OF THE CITIZEN WARRIOR AWARD TO RETURNING RESERVISTS; ASKED THE CITY MANAGER AND COUNCIL TO CONSIDER SOME HOUSING PROGRAM WHICH WOULD BENEFIT THE NEWLY RELOCATED RESIDENTS WITHOUT DUPLICATING CURRENT PROGRAMS Public Comments (Persons are limited to three minutes) James Hensly 2305 Victoria Beaumont TX A-1 Taxi owner; thanked Council for their quick response to the taxi drivers and their dilemma Benny Mendoza 5655 S. Kenneth Beaumont TX Thanked the City for the street line painting on Avenue A through Virginia Street 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: In the Matter of Arbitration between the City of Beaumont and Beaumont Firefighters' Local 399 There being no action taken in Executive Session, Council adjourned. Page 7 of 8 Minutes-September 20,2005 Audio tapes are available upon request in the City Clerk's Office. MO����l Guy N. Goodson, Mayor i � N... I iw i Rose Ann Jones, T C � ���.•����` City Clerk Page 8 of 8 Minutes-September 20,2005