HomeMy WebLinkAboutMIN JUL 28 2009 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern
Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II
Audwin Samuel,Ward III July 28, 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 July 28, 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.
Councilmember Beaulieu gave the invocation. Councilmember Smith led the Pledge of
Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman,
Beaulieu, Pate, Samuel and Smith. Absent: Tina Broussard, City Clerk. Also present were Kyle
Hayes, City Manager; Tyrone Cooper, City Attorney; Stephanie Gandy, Deputy City Clerk.
Proclamations, Presentations, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - July 14, 2009
Confirmation of committee appointments - None
A) Approve a resolution authorizing the City Manager to execute the renewal of a lease
agreement for EMS facilities - Resolution 09 - 212
B) Approve a resolution authorizing the City Manager to execute Change Order No. 2 for
additional work at the North End Community Center- Resolution 09 - 213
Minutes-July 28,2009
C) Approve a resolution authorizing the City Manager to sign a Memorandum of
Understanding the Texas Department of Public Safety relating to guidelines for use of
mutual-aid radio channels - Resolution 09 - 214
D) Approve a resolution authorizing the City Manger to execute all documents necessary for
the Southeast Texas Auto Theft Task Force (City of Beaumont) to transfer a vehicle title
to the Hardin County Sheriff's Office - Resolution 09 - 215
E) Approve a resolution authorizing the settlement of the lawsuit styled Linda Thomas, et al
v. City of Beaumont - Resolution 09 - 216
Council member Samuel made a motion to approve the Consent Agenda. Councilmember
Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a resolution authorizing the City Manager to execute an agreement
with Public Agency Retirement Services (PARS).
Administration recommended approval of a resolution authorizing the City Manager to
execute an agreement with PARS to provide an alternative retirement system for part-time,
seasonal, and temporary employees (PST's).
The City of Beaumont is required to contribute an amount equal to 6.2% of each
employee's salary to social security and the employee is required to contribute the same
amount for a total contribution of 12.4%.
In 1990 Congress adopted the Omnibus Budget Reconciliation Act (OBRA) which
mandates that PST's not covered by a retirement program be enrolled in social security
or an alternative retirement program which meets the statutory requirements of the Act.
PARS offers an Alternative Retirement System (ARS)that meets those requirements and
complies with IRC 3121 (b) (7) (F).
The ARS program provides certain benefits to both the PST and the City. The legislation
requires a minimum contribution to the alternative plan of 7.5%.The PST's contribution will,
therefore, remain the same as it is under social security (6.2%). The City will contribute
the remaining 1.3% for a total of 7.5%. The reduced rate of contribution by the City (1.3%
vs. 6.2%) results in estimated first year savings of $27,000. This level of savings will
continue each year with the amount varying depending on the total number of PST's and
their related salaries.
In addition to the savings that will be recognized by the City, the Plan offers many benefits
to the employee/participant. Benefits include:
Page 2 of 7 Minutes-July 28,2009
1. PST's are fully vested in their individual accounts upon the date of employment.
2. PST contributions to the ARS program are pre-tax which will result in an increase in take
home pay for the PST.
3. Contributions to the ARS program increase account balances without limit.
4. In the event of a PST's separation from the City, the PST may immediately receive,
without penalty, the contributed funds as a lump sum amount or those funds may be
rolled over to an IRA or other qualified plan that accepts rollovers.
Potential savings of $27,000, in payroll taxes in the first year, depending upon the total
number of PSTs and their related wages.
Mayor Pro Tern Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTEAN AGREEMENT FOR ADMINISTRATIVE SERVICES WITH PUBLIC
AGENCY RETIREMENT SERVICES(PARS)TO PROVIDE AN ALTERNATIVE RETIREMENT SYSTEM FOR
PART-TIME,SEASONAL AND TEMPORARY EMPLOYEES(PSTS). Councilmember Smith seconded
the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 217
2. Consider authorizing the Mayor to sign all documents relating to the City possibly receiving
$986,250 through the DR-1791 Hazard Mitigation Grant Program.
Administration recommended approval.
The Hazard Mitigation Grant Program (HMGP) provides grants to State and local
governments to implement long-term hazard mitigation measures after a major disaster
declaration. Funding became available following the Hurricane Ike disaster declaration
identified as DR-1791. The state government manages the grant applications for their
respective jurisdictions. A tentative mitigation project to improve the roofs and strengthen
the window integrity of the city's Emergency Operation Center/911 Communication Center,
and the Police Department Headquarters has been favorably reviewed by the state, and
with Council approval, will be submitted to the Federal Emergency Management Agency
(FEMA), under the Department of Homeland Security. This project would enable both
buildings to withstand wind force greaterthan traditional building codes and will protect our
first responders and critical communications and technology infrastructure during severe
weather events. The grant requires that the official head of the governing body, being the
Mayor, sign all documents.
If awarded, grant funding would be $986,250 with a required match by the City of
$328,750. The project is included in the proposed Capital Program for Fiscal Years 2010-
Page 3 of 7 Minutes-July 28,2009
2014. If the proposed Capital Program is approved, the City's match would be provided
for therein.
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN THE AMOUNT OF
$986,250 THROUGH THE U. S. DEPARTMENT OF HOMELAND SECURITY DR-1791 HAZARD
MITIGATION GRANT PROGRAM TO IMPROVE THE ROOFS AND STRENGTHEN THE WINDOW INTEGRITY
OF THE CITYOF BEAUMONT's EMERGENCY OPERATION CENTER/911 COMMUNICATION CENTERAND
POLICE DEPARTMENT HEADQUARTERS. Councilmember Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 218
3. Consider the award of a bid for repairs to the Building Services Division's maintenance
buildings.
Administration recommended the award of a bid to Cleveco Construction of Lumberton in
the amount of$109,019.
The Building Services Division Electric and A/C Shops, located at 1848 Pine, sustained
damage from both Hurricanes Rita and Ike. A new roof and structural supports are
required over the Electric Warehouse and adjoining breeze-way. Additionally, exterior
metal wall panels on the Electric Warehouse and A/C Shop require replacement and
structural repairs are required to support the new wall panels.
Cleveco Construction Company submitted the lowest qualified bid. The company has
performed successfully on a number of projects for the City in the Past. Cleveco is a
certified Minority Business Enterprise company.
Funding is available from insurance settlement claims received from Hurricanes Rita and
Ike.
Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
CLEVECO CONSTRUCTION OF LUMBERTON,TEXAS,IN THE AMOUNT OF$109,019 FOR REPAIRS TO
THE BUILDING SERVICES DIVISION ELECTIRIC AND A/C SHOPS LOCATED AT 1848 PINE STREET BE
ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Wright seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN,
BEAULIEU, PATE, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 09 - 219
Page 4 of 7 Minutes-July 28,2009
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - ANNOUNCED THAT THE SOUTH PARK NEIGHBORHOOD
ASSOCIATION WILL BE HAVING A MEETING ON THURSDAY,
JULY 30, 2009, 6:30 PM, AT SOUTH PARK BAPTIST
CHURCH, COMMENTED ON THE NATIONAL LEAGUE OF
CITIES/NATIONAL BLACK CAUCUS - LOCAL ELECTED
OFFICIALS CONFERENCE IN CONNECTICUT HE ATTENDED,
TOUCHED ON THE PROGRAMS THAT ARE HELPING TO GET
PEOPLE BACK INTO FORECLOSED HOMES, TOURING YALE
UNIVERSITY AND THE VARIOUS PROGRAMS INVOLVING THE
SURROUNDING YOUTH AND COMMUNITY, HOPES TO GET
LAMAR INVOLVED WITH THE SOUTH PARK AREA
COUNCILMEMBER SAMUEL - FURTHER ELABORATED ON THE VARIOUS PROGRAMS THAT
WERE DISCUSSED AT THE CONFERENCE, WITH PRIMARY
FOCUS BEING ON DEVELOPMENT OF OUR YOUTH, SAW A
NUMBER OF YOUTH PROGRAMS WORKING AROUND THE
COUNTRY AND THE RESULTS SHOWING AN INCREASE IN
YOUNG PEOPLE ATTENDING COLLEGE AND A DECREASE IN
THE NUMBER GOING TO JAIL, EXCITED ABOUT POSSIBLY
REIMPLEMENTING THE YOUTH COMMISSION,MENTIONED THE
YOUTH CONGRESS THEY ATTENDED WHERE YOUNG PEOPLE
WERE ADDRESSING THE ISSUES OF TODAY AS WELL AS
HAVING ATTENDED A LEADERSHIP TRAINING CLASS ON
CRITICAL CONVERSATIONS, TOUCHED ON OTHER VARIOUS
TOPICS THAT WERE DISCUSSED SUCH AS THE ECONOMIC
STIMULUS PACKAGE AND HEALTH CARE, EXCITED TO
IMPLEMENT PROGRAMS THAT WILL BE BENEFICIAL TO THE
CITY
COUNCILMEMBER PATE - SPOKE REGARDING ATTENDING THE START OF THE
INTERNATIONAL FAST PITCH ASSOCIATION TOURNAMENTAT
FORD PARK, COMMENTED ON THE VARIOUS SOFTBALL
TOURNAMENTS THAT IMPACT THE CITY'S REVENUE IN A
POSITIVE WAYAND ENCOURAGED CITIZENS TO THANK THOSE
PEOPLE PARTICIPATING IN THE EVENTS FOR COMING TO
BEAUMONT, AS WELL AS TO PROMOTE THE CITY FOR ANY
MEETINGS OR CONFERENCES THAT THEY'RE INVOLVED IN,
BELIEVES THAT BEAUMONT IS A GREAT PLACE TO VISIT AND
TO LIVE, CONGRATULATED THE NEWLY PROMOTED FIRE
FIGHTERS, AS WELL AS WELCOMED THE FOUR NEW FIRE
FIGHTERS, ACKNOWLEDGED THE TOUGH JOBS THAT THE
FIRST RESPONDERS HAVE
Page 5 of 7 Minutes-July 28,2009
MAYOR PROTEMWRIGHT - COMMENTED ON ATTENDING THE NLC/NBC-LEO
CONFERENCE IN CONNECTICUT, WAS PLEASED WITH THE
PRESENTATION OF YALE UNIVERSITY ABOUT THE CITY
NEEDING TO HAVE PASSION FOR WHAT THE SCHOOLS MAY
NOT PICK UP, COMMENTED THAT THE PASSION OF OUR
COMMUNITY SHOULD BE DIRECTED TO THE EDUCATION OF
OUR YOUTH,RECOGNIZED HER GRANDDAUGHTER,AURORA,
WHO ATTENDED THE COUNCIL MEETING, COMMENTED ON
THE LOVELY CEREMONY SHE ATTENDED FOR THE PINNING OF
THE PROMOTED AND NEW FIRE FIGHTERS,ACKNOWLEDGED
A'LEXUS BRANNON, OZEN SENIOR, WHO WILL BE
REPRESENTING BEAUMONT IN THE JUNIOR OLYMPICS
COUNCILMEMBER BEAULIEU - NONE
COUNCILMEMBER COLEMAN - NONE
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYORAMES - CONGRATULATED THE FIRE FIGHTERS WHO WERE
PROMOTED AND THE NEW MEMBERS OF THE FIRE
DEPARTMENT, COMMENTED ON THE CALDER AVENUE
EXPANSION,ATTENDED THE NATIONAL WEATHER SERVICE
LUNCH SEMINAR, ALONG WITH TIM OCNASCHECK AND PAT
GRIMES, FOR EMERGENCY MANAGEMENT DIRECTORS,
MAYORS AND JUDGES FOR JEFFERSON, ORANGE AND
HARDIN COUNTIES,STATED THAT THE NATIONAL WEATHER
SERVICE IS LOOKING AT UPDATING TO INCLUDE STORM
SURGE ALONG WITH WIND CATEGORY IN JUDGING
HURRICANES TO INFORM CITIZENS ON WHAT TO POSSIBLY
EXPECT,THANKED TIM OCNASCHECK AND THE EMERGENCY
OPERATIONS CENTER STAFF FOR THE GREAT JOB THEY ARE
DOING, STATED THAT THERE ARE NO STORMS NOW AND
THINGS LOOK GOOD BUT THAT IT COULD CHANGE
Public Comments (Persons are limited to three minutes)
Greg Stanley 2255 Louisiana Street Beaumont TX
Protests the suspension of his company, Spanky's Wrecker Service
Landry Rountree 9855 Washington Beaumont TX
Religious comments; stated that he is not appealing the suspension of his wrecker
business and admits his guilt due to the fact that the amounts wrecker services are
permitted to charge aren't enough to cover all the costs of the business and still provide
for his family
Page 6 of 7 Minutes-July 28,2009
Travis Darby 3270 S. Major Beaumont TX
Informed Council that he is not appealing the suspension of his wrecker company, feels
that the mandated wrecker fees are not sufficient to cover his outgoing expenditures
Open session of meeting recessed at 2:10 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Derrick Newman v. David Todd Burke, et al
Tina Lewallen v. the City of Beaumont
Suspension Appeals of Chuck's Wrecker Service, Inc., Spanky's Wrecker, and
Payne's Wrecker Service
Consider matters related to employment, evaluation and duties of a public officer or
employee in accordance with Section 551.074 of the Government Code:
Magistrate Theodore Johns
Magistrate Terrence Holmes
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
Becky Am , Mayor /.W �MO�j.
Stephanie Gandy, eputy y Clerk j w
/oil W
Page 7 of 7 Minutes-July 28,2009