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Home My WebLink AboutMIN AUG 11 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 August 11, 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 August 11, 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. Pastor"Big Jim"Sells of West End 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 Tem Wright, Councilmembers Coleman, and Samuel. Absent: Councilmembers Beaulieu, Pate and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Pate was absent due to attending the Texas Transportation Summit in Arlington, Texas Proclamations, Presentations, Recognitions "Celebration for Women Day" - August 13, 2009 - Proclamation read by Mayor Ames; accepted by Georgine Guillory, President of Pioneering Women Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 4, 2009 Confirmation of committee appointments - None Minutes-August 11,2009 A) Approve a contract for heating,ventilation and air conditioning (HVAC)equipment repair and service - Resolution 09 - 230 B) Approve payment for the emergency repair of a 1992 Caterpillar 826 Compactor - Resolution 09 - 231 C) Approve a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department - Resolution 09 - 232 D) Approve an amendment to the Lease Agreement with University of Texas Medical Branch at Galveston (UTMB) - Resolution 09 - 233 E) Authorize the City Manager to execute all documents necessary to accept funding for a Local Public Health System Grant from the Texas Department of State Health Services - Resolution 09 - 234 F) Authorize the City Manager to execute all documents necessary to accept funding for an Immunization Grant from the Texas Department of State Health Services- Resolution 09- 235 G) Authorize the settlement of the lawsuit styled Kenneth Allison, et ux v. Mustang Tractor and Equipment Company, et al - Resolution 09 - 236 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending the FY 2009 Budget to appropriate monies in the General Fund to be transferred to the Capital Reserve Fund, the Airport Fund and the General Liability Fund. Administration recommended that Council amend the FY 2009 Budget to appropriate $2,206,000 in the General Fund to be transferred to the Capital Reserve Fund, the Airport Fund and the General Liability Fund. By the end of Fiscal Year 2009, the fund balance in the General Fund is projected to be approximately $28 Million. The proposed appropriation would be allocated as follows: Transfer To: Proposed Amendment Capital Reserve Fund $1,700,000 Municipal Airport Fund 106,000 Page 2 of 7 Minutes-August 11,2009 General Liability Fund 400,000 Total General Fund Amendment $2,206,000 The Capital Reserve Fund is used for facility improvements as well as vehicle and equipment purchases. Transferring$1.7 Million from the General Fund to Capital Reserve will allow the City to use excess cash to fund enhancements to facilities throughout the City, equipment purchases and fleet purchases in FY 2010. The City is not planning to transfer General Fund revenues to the Capital Reserve Fund in the FY 2010 Budget. The Municipal Airport Fund accounts for all of the revenue and expenditures related to the City's municipal airport. The City received grant funding from the Texas Department of Transportation in the amount of$50,000 with a required match of$50,000 on the part of the City to be used for capital improvements at the Municipal Airport. Capital improvements made included a new roof on the terminal building, door replacements on the hangars, and exterior lighting replacement as needed throughout the facility. In addition, there were unanticipated major maintenance items that were addressed during the year including the repair of the landing and runway lighting and tree clearing in the right-of-way of the landing area. The transfer of$106,000 will cover the City's portion of the grant as well as the major maintenance that was performed. The General Liability Fund accounts for all funding related to liability claims and lawsuit settlements for the City. In anticipation of settlements projected for FY 2010, it is recommended that $400,000 be transferred to cover these costs. No transfer will be proposed in the FY 2010 Budget. By the end of Fiscal Year 2009, fund balance in the General Fund is projected to be approximately $28 Million. After making the recommended $2.2 Million transfer, the remaining fund balance will be approximately$25.8 Million. This is a healthy fund balance for the General Fund providing reserves for future unforeseen items and occurrences. Mayor Pro Tern Wright moved to ADOPTAN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2009 TO TRANSFER $2,206,000 FROM THE GENERAL FUND TO THE CAPITAL RESERVE FUND,THE AIRPORT FUND AND THE GENERAL LIABILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 09 - 041 2. Consider amending the FY 2009 Budget to appropriate monies in the Solid Waste Fund to be transferred to the General Liability Fund. Page 3 of 7 Minutes-August 11,2009 Administration recommended that Council amend the FY 2009 Budget to appropriate $85,000 in the Solid Waste Fund to be transferred to the General Liability Fund. On July 28, 2009, Council approved a settlement in the amount of$235,000 related to a claim involving a Solid Waste truck. Although each year a transfer is made from the Solid Waste Fund to the General Liability Fund for such purposes,the transfer amounts were not adequate to cover the settlement. The fund balance in the Solid Waste Fund is sufficient to support this transfer. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2009 TO TRANSFER$85,000 FROM THE SOLID WASTE FUND TO THE GENERAL LIABILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Coleman seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 09 - 042 3. Consider approving a contract for the purchase of uniforms for the Fire Department. Administration recommended the award of a contract to Lone Star Uniform, Inc., of Houston, in the estimated amount of $184,808. The Fire Department has wear-tested several brands of Nomex clothing and has determined that the Fecheimer Flying Cross line offers the best value to the City. Funds are available in the Fire Department's operating budget. Councilmember Coleman made a motion to APPROVE RESOLUTION THAT THE BID SUBMITTED BY LONE STAR UNIFORM, INC., OF HOUSTON, TEXAS, FOR A CONTRACT TO FURNISH NOMEX UNIFORMS FOR THE FIRE DEPARTMENT FOR AN ESTIMATED COST OF$184,808 BE ACCEPTED BY THE CITY OF BEAUMONT. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM WRIGHT,COUNCILMEMBERS COLEMAN,AND SAMUEL NAYS: NONE MOTION PASSED Resolution 09 - 237 Page 4 of 7 Minutes-August 11,2009 WORKSESSION Review and discuss a Severe Repetitive Loss Grant Program in participation with FEMA Chris Boone, Community Development Director, stated that in the wake of Hurricane Ike, a grant was obtained to purchase and demolish 16 flooded homes in the Pine Street area through FEMA's Hazard Mitigation Grant Program. A similar program,the Severe Repetitive Loss(SRL)Grant Program, offers funding for acquisition and demolition or elevation of SRL properties. SRL properties are defined as having at least four(4)flood damage claims over $5,000 each and a cumulative amount of such payments that exceeds$20,000, or the claims exceed the market value of the building. In other words,these are properties,whether inside or outside a flood zone,whether recently flooded or not,that have flood insurance. The grant is funded at the rate of 90%, with a 10% local match. Typically, the local match for this program is provided by the property owners. There are thirty-three(33)properties on the preliminary SRL list. The properties are located across the city,with only a few clusters, and represent a variety of sizes and values. The total appraised value from the Jefferson County Appraisal District is $3,515,340. Ten percent (10%)of this value would be$351,534. The final appraised value and match may be higher. While the City is contacted from time to time from some of these property owners about being bought-out,there are issues to consider. First,the thirty-three(33)properties would no longer be on the tax roll, resulting in decreased tax payments of$22,498.18 to the City, based on the current tax rate. Second, most of the properties are within established neighborhoods. Acquiring and demolishing the buildings would leave vacant lots in perpetuity. Also,the City would be responsible for keeping the grass mowed. At our current rates, paid to contractors, the annual cost would be approximately$7,500. It's expected that these costs will continue to increase over the years. COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL- ANNOUNCEMENTS FOR SATURDAY,AUGUST 15,2009, THE PRIDE OF BEAUMONT WILL BE HAVING A BACK-TO-SCHOOL DRIVE AND HEALTH FAIR AT THE STERLING PRUITT ACTIVITY CENTER, STARTING AT 9:00 A.M., THE L. L. MELTON YMCA WILL BE HAVING A BACK-TO-SCHOOL DRIVE, STARTING AT 10:00 A.M., THERE WILL BE THE NEIGHBORS IN THE PARK AT MAGNOLIA PARK, LATER THAT EVENING CONCERT IN THE PARK STARTING AT 4:00 P.M., ALSO THE CHARLTON POLLARD NEIGHBORHOOD ASSOCIATION WILL HAVE FRIENDS IN THE PARK STARTING AT 7:30 P.M.AT THE CHARLTON POLLARD PARK COUNCILMEMBER SMITH - ABSENT Page 5 of 7 Minutes-August 11,2009 MAYOR PRO TEM WRIGHT - COMMENTED ON HER ATTENDING THE SMITH FAMILY REUNION, ASKED THAT THE CITY LOOK INTO HAVING A DOMINO PROGRAM FOR CITIZENS THAT ARE INTERESTED, CONGRATULATED KATHERINE HARMON, WHO WILL BE IN THE MACY'S THANKSGIVING DAY PARADE, SHE WILL BE ONE OF FOUR FROM THIS AREA TO ATTEND,THERE WILL BE A FUND RAISER BY HER GRANDMOTHER AT MCDOUGLE CHILDREN'S SHOE STORE ON AUGUST 22, 2009, ALSO COMMENTED ON HER ATTENDANCE OF THE RAPE AND SUICIDE CRISIS OF SOUTHEAST TEXAS LUNCHEON, IF ANYONE NEEDS PROTECTION DURING AN EVACUATION PLEASE CALL CINDY FERTITTA AT 409-835-3355, ALSO CONGRATULATED THE PIONEERING WOMEN COUNCILMEMBER PATE - ABSENT COUNCILMEMBER BEAULIEU - ABSENT COUNCILMEMBER COLEMAN - COMMENTED ON THE ANNUAL MEETING FOR UNITED WAY, THANKED KEVIN ROY FOR THE GREAT JOB HE HAS DONE THIS YEAR,ANNOUNCED ON SATURDAY,AUGUST 15,2009, FROM 11:00 A.M. TO 3:00 P.M., YOLANDA AVERY WILL START THE FORMATION OF THE LEFLER NEIGHBORHOOD ASSOCIATION AT LEFLER PARK CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED THAT 700 STUDENTS COMPLETED THE SUMMER READING PROGRAM, THEY READ 25 BOOKS OR MORE, THERE WAS A GRADUATION HELD FOR THEM ON SATURDAY,AUGUST 8, 2009,ANNOUNCED THERE WOULD NOT BE A COUNCIL MEETING ON TUESDAY, AUGUST 18, 2009, ALSO THERE WILL BE A SPECIAL COUNCIL MEETING ON THURSDAY, AUGUST 13, 2009 AT 5:30 P.M. AT THE CIVIC CENTER Public Comments (Persons are limited to three minutes) Gwen Jackson 4825 Park St. Beaumont TX Spoke regarding the worksession on the Severe Repetitive Loss Grant Program pertaining to flooding, stated that she is a repetitive flood victim and asked that council consider accepting the grant Page 6 of 7 Minutes-August 11,2009 Ruth Fontenot 4775 Detroit Beaumont TX Employee with the Beaumont Transit asked if there would be a route traveling to the Social Security Office since it has moved Open session of meeting recessed at 2:30 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Fannett Entertainment, L.L.C. Beaumont Police Officers Association v. the City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 'ems M�v1��f B cky Ame ayor to, ��% < C' / Tina Broussard Cit y Clerk � � W AW Page 7 of 7 Minutes-August 11,2009