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MIN OCT 18 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 October 18, 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 October 18, 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 1-3/Consent Agenda * Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor James Blackwell of the South Park Baptist Church gave the invocation. Sgt. Major Sigee led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Councilmembers Smith (arrived at 2:20 p.m.), Beaulieu,Ames and Patterson. Absent: Mayor Pro Tern Samuel, Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "National Arts and Humanities Month" - October, 2005 - Proclamation read by Councilmember Beaulieu; accepted by Lynn Castle, Art Museum; Ryan Smith, Texas Energy Museum; Matthew White, McFaddin-Ward House; Carolyn Howard, Jefferson Theatre Presentations on Hurricane Rita Recovery: *Recognize Kansas City Southern for pre-payment of Property Tax in Louisiana and Texas to aid recovery from Hurricane Rita - Jeff Rogers, Terminal Trainmaster for Beaumont/Port Arthur representing Kansas City *Recognize Farmers Insurance for$100,000 contribution-Tim Thompson representing Farmers Insurance *Report from US Army Corps of Engineers-Col. Steve Haustein, Commander&District Engineer of Galveston Minutes-October 18,2005 *Southeast Texas Workforce Development Board Regional Hiring Fair - Pam Wise, representative for Workforce Centers of Southeast Texas *Report by Chief Micky Bertrand - Beaumont's Emergency Management Coordinator *Report by Sam Bethea -Entergy update *Report by Gary Underwood - Time Warner/Roadrunner update *Report by Tom Warner - on behalf of DRC Public Comment: Persons may speak on scheduled agenda items 1- 3/Consent Agenda. Amy B. Guidroz 4720 Littlefield Beaumont TX Item #2: Requested that Council defer the raising of garbage and trash rates at this time due to the effects of Hurricane Rita CONSENT AGENDA * Approval of minutes - Minutes of October 11, 2005 * Confirmation of committee appointments - Resolution 05-213 Donna Ferchak would be appointed to the Community Development Advisory Committee. The term would commence October 18, 2005 and expire October 17, 2007. (Councilmember Nancy Beaulieu) A) Approve a resolution to reimburse Unocal Pipeline for the adjustment of their facilities on FM364/Major Drive - Resolution 05-214 Councilmember Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,COUNCILMEMBERS SMITH,BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting a procedural resolution to indefinitely suspend CenterPoint Energy's request for a rate increase until such time as CenterPoint complies with the City's Interim Order to properly publish notice of its rate increase, properly respond to all requests for information and to provide for a public hearing - Resolution 05- 215 Page 2 of 7 Minutes-October 18,2005 Administration recommended approval of a resolution indefinitely suspending CenterPoint Energy's request for a rate increase until such time as CenterPoint complies with the City's previous request to properly publish notice of its rate increase, properly respond to request for information submitted by Counsel representing the City and providing for a public hearing. On August 30, 2005, the City Council adopted an Interim Order Ordinance seeking to have CenterPoint Energy comply with state law in its rate increase request by providing adequate notice of its proposed increase and to update its filing by using the test year ending March 31, 2005. Rather than complying with the Interim Order, CenterPoint chose to appeal the order to the Railroad Commission. The Commission refused to consider CenterPoint's appeal for the reason that it felt the appeal premature. The deficiency with CenterPoint's original notice is that it did not inform the taxpayers of the proposed increase rates as required by state law. The company has taken the position that it will not re-publish public notice. CenterPoint has, however, updated its test year data but has refused to answer any discovery requests regarding the updated test year information. Additionally, the resolution calls for a public hearing on CenterPoint's request to increase rates within the City of Beaumont. This public hearing will give CenterPoint and the City an opportunity to make statements pertaining to CenterPoint's Statement of Intent filed with the City on June 30, 2005 or as re-filed with the Railroad Commission on September 21, 2005. It also allows for public comments if any member of the public chooses to comment. After the statements and comments, if any, the hearing should be continued - not tabled or recessed - as a "Hearing in Progress". The Hearing will be continued at such time and date after which CenterPoint has responded to questions about updated or current test year information and has caused proper public notice to be published in compliance with the Council's Interim Order. City Council passed Ordinance No. 05-068 on 8/30/05 to adopt an Interim Order to have CenterPoint Energy comply with state law in its rate increase request by providing adequate notice of its proposed increase and to update its filing by using the test year ending March 31, 2005. Councilmember Smith moved to APPROVE PROCEDURAL RESOLUTION 05-215 SUSPENDING THE EFFECTIVE DATE INDEFINITELY FOR CENTERPOINT ENERGY ENTEX'S REQUEST TO INCREASE RATES WITHIN THE CITY OF BEAUMONT UNTIL THE PUBLICATION OF PUBLIC NOTICE IN A MANNER CONSISTENT WITH THE LAW AND THE CITY'S INTERIM ORDER; REQUIRING PROMPT RESPONSES TO DISCOVERY REQUESTS;REQUIRING THE TRACKING OF COSTS RELATED TO THE PETITION FOR REVIEW OF THE INTERIM ORDER;NOTICE OF PUBLIC HEARING AND HEARING IN PROGRESS; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT AND DECLARING AN EFFECTIVE DATE. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,COUNCILMEMBERS SMITH,BEAULIEU,AMES AND PATTERSON Page 3 of 7 Minutes-October 18,2005 NAYS: NONE MOTION PASSED 2. Consider amending the Code of Ordinances to increase the garbage and trash rates and to eliminate the landfill closure fee - Ordinance 05-087 Administration recommended Council amend Chapter28-24.1.(b)(1)and 28-24.1.(b) (2)of the Code of Ordinances to increase the garbage and trash rates and eliminate the landfill closure fee. The base fee will increase from $12 to $13.50 while the landfill closure fee of$0.31 will be eliminated. This will result in a net increase of $1.19. The monthly solid waste rate for senior citizens, after a ten (10) percent discount, maintaining the Litter Removal Fee and eliminating the$0.31 landfill closure fee,will be $12.65 per household. The current fee structure for solid waste management services was adopted by Council on November 5, 2002. The increase in the solid waste management rates and related changes in revenue were discussed in the work session held on August 30, 2005, related to the FY 2006 Budget. The new fees will be effective January 1, 2006. Councilmember Patterson made a motion to ADOPT ORDINANCE 05-087 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SECTION 28-24.1 (B) (1) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE THE SOLID WASTE MANAGEMENT FEE WITHIN THE CITY OF BEAUMONT;ELIMINATING THE LANDFILL CLOSURE FEE;PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,COUNCILMEMBERS SMITH,BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to increase the Rock Trap Basin Project amount for "extra work" - Resolution 05-216 Administration recommended approval of increasing the proposed Rock Trap Basin Project amount by$84,111 to furnish labor, equipment, and materials to replace the two existing 48 inch reinforced concrete sanitary sewer pipes between the headworks building and the junction box at the entrance of the Wastewater Treatment Plant on Lafin Road. This change order represents 16.87 percent of the original contract amount. The turbulent flow at the entrance of the Wastewater Treatment Plant discharge gases that deteriorated the concrete pipes and destroyed their structural integrity. Page 4 of 7 Minutes-October 18,2005 The two existing reinforced concrete sanitary sewer pipes were installed in the early 1950's and have exceeded their life expectancy. Funds for the project are available in the Water Utilities Capital Improvements Fund. Councilmember Smith made a motion to APPROVE RESOLUTION 05-216 THATTHE CITY MANAGER BE AUTHORIZED TO EXECUTE CHANGE ORDER NO.1 IN THE AMOUNT OF$84,111 INCREASING THE ROCK TRAP BASIN CONTRACT AMOUNT TO$582,544. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON,COUNCILMEMBERS SMITH,BEAULIEU,AMES AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - EXTENDED COMPLIMENTS TO THE EOC TEAM, OUR FIRE AND POLICE DEPT, CITY STAFF AND COUNTY IN PREPARATION OF EVACUATING THE CITY AND ALSO THE AFTERMATH OF RITA;DISAPPOINTED IN THE RESPONSE TIME OF RED CROSS AND FEMA; APPRECIATED THE COUNTY AND THE CITY FOR TAKING INITIATIVE AND BEING ASSERTIVE IN TAKING CARE OF THE CITIZENS;ESPECIALLY CONCERNED WITH THE RESPONSE OF THE RED CROSS AND THE POOR, UNORGANIZED WAY THE DEBIT CARDS SITES WHERE HANDLED; FEELS THAT THIS ORGANIZATION REALLY NEEDS TO KNOW HOW TO HANDLE SITUATIONS SUCH AS THIS AND REALLY NEED TO RESPONSE A LITTLE BIT QUICKER; AS A MUNICIPALITY OR LOCAL GOVT WE KNOW WHAT IS BEST FOR OUR CITIZENS AND FEELS THAT THEY SHOULD LET US TAKE CARE OF IT AND ASSIST US AS SOON AND AS MUCH AS POSSIBLE COUNCILMEMBER AMES - NONE COUNCILMEMBER BEAULIEU - AGREES WITH THE FACT THAT THE BEST GOVERNMENT IS THE LEAST GOVERNMENT AND THAT IS THE GOVERNMENT CLOSEST TO THE PEOPLE WHERE THEY HAVE THE QUICKEST REDRESS; THIS SPEAKS WELL FOR OUR PREPAREDNESS AND PLANNING AS THAT IS SOMETHING WE CAN CONTROL; NEED TO THINK ABOUT THIS AS WE GIVE MONEY TO SUPPORT DISASTER PROBLEMS THAT WE ASSIGN IT SPECIFICALLY TO AN AREA THAT WE KNOW WILL NEED THE HELP; MANY THANKS TO THOSE IN LEADERSHIP POSITIONS IN THE CITY AND COUNTY WHO STOOD UP AND TOOK CARE OF THE FOLKS THAT NEEDED IT COUNCILMEMBER SMITH - NONE Page 5 of 7 Minutes-October 18,2005 CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - SPOKE WITH STATE OFFICIALS ABOUT FUNDING AND THE LONG TERM EFFECT OF SPENDING PATTERNS ON A SHORT TERM AND LONG TERM EFFECT; ASKED THAT LAMAR UNIVERSITY RECEIVE SOME EMERGENCY REPAIR FUNDING; APPRECIATES THOSE AT THE STATE LEVEL THAT ARE TRYING TO WORK WITH US AND GET OVER THESE ECONOMIC HURDLES Public Comments (Persons are limited to three minutes) Benny Mendoza 5655 South Kenneth Beaumont TX Expressed appreciation to the Police Department for watching over the properties and businesses during the evacuation period Kathryn Anderson 8356 McLean Beaumont TX Expressed her thanks to those who helped during her evacuation in Crockett, Texas Kerry S. Avie 3139 Elinor Beaumont TX Prayer for the City Open session of meeting recessed at 3:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Michael Charles, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council reconvened at 3:30 p.m. WORKSESSION Review and discuss establishing an Emergency Repair Program for damaged residential and commercial properties The workshop began at 3:30 p.m. and ended at 3:55 p.m. Presentation was made by City Manager Hayes. Information was distributed and discussed regarding the request for establishing of an Emergency Repair Program using reprogrammed Community Block Grant (CDBG)funds Page 6 of 7 Minutes-October 18,2005 from prior years. The Emergency Repair Program would be established to assist residents and businesses in repairing structures or cleaning up their property that was damaged as a result of Hurricane Rita. The funding will only be used for structure repair, demolition, clearance, water and sewer repairs. There is a total of$840,312 available. In order to be eligible to receive this funding, the property must be located in a low to moderate income area and the residential property owner does not have insurance or repairs that have exceeded coverage amounts. Other eligibility requirements for residential property are outlined by the Housing Rehabilitation Program Guidelines. The maximum funds available for each property is $24,000. Administration also recommended that agencies under Public Services receive an allocation for providing shelter, food and clothing to the City of Beaumont's displaced population. Review and discuss the damage and future needs of city-owned properties and facilities The workshop began at 3:55 p.m. and ended at 4:25 p.m. Presentation was made by City Manager Hayes. A brief assessment of the condition of City facilities as a result of Hurricane Rita was presented. Not all the structures were specifically discussed. Most buildings sustained some type of damage, but may not have been significant enough to be included in the report. Also, conditions of facilities operated by the Water Utilities Department were not included in the preliminary report. Discussion followed with some aggressive changes and future planning ideas brought to the table for consideration. The current condition and cost to repair some of the facilities were also taken under consideration. Council decided that they would like to have some more detailed information about some of the ideas and suggestions to include cost and projected time frame. Additional workshops are being planned for the future. There being no further action, Council adjourned at 4:25 p.m. Audio tape a e av ' ble upon request in the City Clerk's Office. Guy N. Goodson, Mayor HT i •�/ �#of Rose Mn Jones, TRM City Clerk #t Page 7 of 7 Minutes-October 18,2005