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Home My WebLink AboutMIN NOV 17 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 November 17, 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 November 17, 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. Reverend Cynthia L. Engle,Associate Rectorwith St. Mark's Episcopal Church gavethe 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 Wright, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Presentation-Sam Bethea and Phil Lanier presented to Mayor and Council a rebate check for energy saving practices that have been implemented in some of the City of Beaumont buildings, through the Entergy Texas SCORE Program Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda. None CONSENT AGENDA Approval of minutes - November 3, 2009 Confirmation of committee appointments - None Minutes-November 17,2009 A) Approve compensation for the City Manager - Resolution 09 - 340 B) Approve compensation for the City Attorney - Resolution 09 - 341 C) Approve compensation for the City Clerk - Resolution 09 - 342 D) Authorize the City Manager to execute a Memorandum of Understanding with the Texas Data Exchange (TDEx)which is a comprehensive information sharing portal that allows criminal justice agencies to exchange jail and records management systems data- Resolution 09 - 343 E) Authorize the City Manager to acknowledge the Texas Department of Transportation's Plan Title Sheets for proposed improvements to the Union Pacific Railroad Crossings at Liberty and Broadway Streets - Resolution 09 - 344 F) Approve a resolution accepting maintenance of the streets, storm sewer,water and sanitary sewer improvements in Shalom Stone Subdivision - Resolution 09 - 345 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith 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 authorizing the City Manager to submit and accept a grant from the Texas Department of Rural Affairs for Supplemental Disaster Recovery Non-Housing Activities. Administration recommended City Council authorize the City Manager to submit and accept a grant from the Texas Department of Rural Affairs for Supplemental Disaster Recovery Non- Housing Activities. The projects identified for funding under this grant are the Riverfront Park Bank Stabilization and Cartwright/Corley Projects. The Texas Department of Rural Affairs (TDRA) notified the City that $4,328,912 in Supplemental Disaster Recovery Non-Housing Activities are available for infrastructure that was damaged or failed to perform during Hurricane Ike. The two projects recommended for funding under this grant are the Riverfront Park Bank Stabilization and Cartwright/Corley Projects. These projects are currently identified in the Design or Construction Phase of the 2010-2014 Capital Program. The northern portion of Riverfront Park is experiencing erosion due to the currents in the river. Although not as severe, erosion is also occurring along several other sections of the park. During Hurricane Ike,the northern section of the park received extensive damage to the bank Page 2 of 8 Minutes-November 17.2009 and boardwalk due to the storm surge. As a result a portion of the park has been cordoned off to prevent use of the damaged sections of the park. Improvements to the park include the installation of a bulkhead on the northern section at an estimated cost of $2,606,015. The Cartwright/Corley Drainage Project is a joint participation project with Drainage District No.6. The project includes the installation of detention ponds and an underground drainage system in the Cartwright/Corley area between 4th and IH-10. The City will be responsible for the installation of an underground drainage system on Blanchette near 11th Street. The estimated cost of this project is $1,722,897. There are no matching funds required for this grant. Mayor Pro Tern Wright moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT AND ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF RURAL AFFAIRS FOR SUPPLEMENTAL DISASTER RECOVERY NON-HOUSING ACTIVITIES TO FUND THE RIVERFRONT PARK BANK STABILIZATION AND CARTWRIGHT/CORLEY PROJECTS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 346 2. Consider authorizing the City Manager to execute a contract with Johnson Controls, Inc. related to conducting an evaluation study of various city facilities and conservation measures that could be implemented. Administration recommended authorizing the City Manager to execute a contract with JCI for providing a Detailed Evaluation Study of the City's facilities in the amount of $72,352. JCI has provided the City with a preliminary Energy Use Study at no charge. This study determined that the City could reduce its energy consumption by implementing various energy conservation measures. City Council approved the award of an energy savings performance contract to JCI on January 13, 2009. At the time of the award, the cost for the detailed evaluation study was not available. The Detailed Evaluation Study of the City's facilities will analyze operational expenditures of existing and new facilities and identify improvement measures that can reduce operating costs. Some of the improvement measures that could be recommended include: Interior and Exterior Lighting Upgrades Solar Window Film HVAC upgrades Page 3 of 8 Minutes-November 17,2009 Direct Digital Control Upgrades Roofing Improvements Water Conservation Improvements The cost of the study does not include implementation of the recommended upgrades. These upgrades, depending on cost, can be phased in as funds become available. Funds for the study are available from the Energy Efficiency and Conservation Block Grant program funded by the American Recovery and Reinvestment Act of 2009. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH JOHNSON CONTROLS, INC., IN THE AMOUNT OF $72,352 FOR A DETAILED EVALUATION STUDY OF CITY FACILITIES. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 347 3. Consider approving amendments to Chapter 28, Utilities, Article IV, Water and Sewer Line Extensions, of the Code of Ordinances related to sanitary sewer lift stations. Administration recommended approval of the amendments proposed for Chapter 28, Utilities, Article IV, Water and Sewer Line Extensions. The City of Beaumont, Water Utilities Department, owns and operates 97 sanitary sewer lift stations. The owner of a new development requiring a sanitary sewer lift station shall build the station at his cost and as per the Water Utilities Department specifications. Once the lift station is built and placed in operation, it becomes part of the Water Utilities Department wastewater collection system. To minimize the number of lift stations in the City, the Water Utilities Department requires the developerto size the lift station to serve his property as well as adjacent property that can develop in the future. If the developer is required to build a lift station larger than the size required to serve his property, the proposed amendments will ensure that the developer of lift station will be reimbursed by the City if funds are available or by other property owners once they tie their development to the lift station. The amendments are recommended for approval by the City Manager and the Water Utilities Director. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28,ARTICLE IV,WATER AND SEWER LINE EXTENSIONS,SECTIONS 28-80,28- 81 AND SUBSECTION 28-82(2), AND ADDING A NEW SECTION 28-88; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Wright seconded the motion. Page 4 of 8 Minutes-November 17,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 065 WORKSESSION Review and discuss a request from the Beaumont Metropolitan YMCA Wyatt Snyder,YMCA Board Member, and Jeff Moore,YMCA President/CEO, discussed the future operating plan for the L. L. Melton Family facility. Mayor and Council received a proposal prior to the meeting in which the YMCA is requesting to be placed on the Council agenda. This is an effort to seek formal approval from the City for a sub-lease agreement between Jehovah Jireh Village and/or Antioch Missionary Baptist Church and the Beaumont Metropolitan YMCA. The agreement would allow Antioch Missionary Baptist Church to manage the day-to-day operations of the L.L. Melton YMCA from the date of approval until the end of the YMCA's current lease with the City. The agreement also stipulates that Jehovah Jireh Village would also have to offer membership to the public as well as Jehovah Jireh continuing to provide the programs previously sponsored with YMCA cooperation. Review and discuss a Police Department Advisory Committee Frank Coffin, City of Beaumont Police Chief, discussed the possibility of a Police Department Advisory Committee or Citizens Review Board. The first thing that Chief Coffin discussed was information on a Citizens Review Board, followed by discussion of an Advisory Committee. In the late 1950's and early 1960's,the citizens of Beaumont had an election where they adopted the Civil Service rules for the city. This Civil Service rule is located in Chapter 143 of the Local Government Code. Civil service is basically designed to take the politics out of hiring, promotions, and out of discipline within the police and fire departments. Civil service controls just about everything that is done within both departments, it dictates how to hire and fire, what minimum requirements are, promotions and what needs to be done throughout the promotion. Tt prevents the city from having a good old boy/girl system, it also addresses discipline, it addresses how it is to be handled and who is to do the discipline and how. Civil Service statute states that it will prevail unless a city has a collective bargaining agreement in the organization, in which the city has. There are two cities that have civilian review boards at this time, one is the City of San Antonio, Texas and the City of Austin, Texas. The City of Dallas has a civilian review board as well, but no collective bargaining agreement. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONGRATULATED COUNCILMEMBER SAMUEL ON BEING VOTED AS PRESIDENT OF THE (NBC-LEO) NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS, ALSO PRESENTED HIM WITH A SMALL TOKEN OF APPRECIATION FROM THE PAST PRESIDENT OF NBC-LEO Page 5 of 8 Minutes-November 17,2009 COUNCILMEMBER BEAULIEU - CONGRATULATED COUNCILMEMBER SAMUEL ON HIS ACCOMPLISHMENTS AND WAS GLAD TO BE THERE TO CELEBRATE WITH HIM AND TO KNOW THAT WE HAVE SOMEONE ON COUNCIL THAT HAS RECEIVED NATIONAL RECOGNITION MAYOR PRO TEM WRIGHT - CONGRATULATED COUNCILMEMBER SAMUEL ON BEING ELECTED PRESIDENT OF THE NBC-LEO, ALSO CONGRATULATED ALL VETERANS, GAVE A SPECIAL CONGRATULATIONS TO LT. KERNEL CLINTON WRIGHT AND MR. FRANK KIEFER WHO WERE HONORED AS VETERANS AT THE CALDWOOD CELEBRATION,VICTORY TEMPLE HONORED REV. B. H. CLENDENNEN ON LAST SUNDAY FOR HIS TIME OF SERVICE, CHURCH OF THE LIVING GOD TEMPLE #41 CELEBRATED THEIR CENTENNIAL ON SUNDAY MORNING AS WELL, THANKED CHIEF COFFIN FOR HIS PRESENTATION COUNCILMEMBER PATE- COMMENTED ON THE SALUTE TO THE BROUSSARD FAMILY ON SUNDAY NIGHT BY THE CATHOLIC CHARITIES, THE FAMILY HAS BEEN A PART OF THE COMMUNITY FOR FOUR GENERATIONS,COMPLIMENTED COUNCILMEMBER SAMUEL ON HIS APPOINTMENT AS PRESIDENT OF THE NBC-LEO, COMMENTED ON THE FUND RAISER BY THE GARTH HOUSE, CONGRATULATED MACEDONIA MISSIONARY BAPTIST CHURCH ON CELEBRATING 100 YEARS COUNCILMEMBER SMITH- CONGRATULATED COUNCILMEMBER SAMUEL ON HIS BEING ELECTED PRESIDENT OF THE NBC-LEO, COMMENTED ON THE NEIGHBORHOOD STABILIZATION PROGRAM THAT WAS DISCUSSED AT THE NATIONAL LEAGUE OF CITIES CONFERENCE, PART II WILL BE UNVEILED IN DECEMBER, THIS MIGHT BE SOMETHING THAT THE CITY NEEDS TO LOOK INTO FOR MORE FEDERAL DOLLARS COUNCILMEMBER SAMUEL - APPRECIATED ALL OF COUNCIL'S SUPPORT IN RECEIVING THE APPOINTMENT OF PRESIDENT FOR NBC-LEO, ALSO INFORMED EVERYONE THAT THE CITY OF BEAUMONT HAS SECURED THE NBC-LEO SUMMER CONFERENCE FOR THE YEAR 2011,THANKED ALL OF THE CITIZENS THAT ELECTED HIM AND COUNCIL FOR THEIR SUPPORT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 6 of 8 Minutes-November 17,2009 MAYOR AMES - CONGRATULATED COUNCILMEMBER SAMUEL ON BEING APPOINTED PRESIDENT OF NBC-LEO,COMMENTED ON THE RIBBON CUTTING OF THE NORTH END COMMUNITY CENTER, THE CELEBRATION ON VETERAN'S DAY, NOVEMBER 11, 2009, AT THE BEN ROGERS VISITOR CENTER NEAR FORD PARK, A STATUE BY RON PETIT WAS UNVEILED WITH A TEXAS STAR ON THE BOTTOM AND AROUND THE STATUE THERE ARE DIFFERENT BRANCHES OF THE SERVICE IN FULL DRESS UNIFORMS, ENCOURAGED EVERYONE TO GO BY AND VIEW THE STATUE Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury Rd. Beaumont TX Congratulated Councilmember Samuel on his appointment as president of the National Black Caucus of Local Elected Officers, also thanked Council for the worksession on the advisory/citizen review board,the citizens of Beaumont requested that the council appoint a citizen review committee and that is what they would like to see happen Paul Jones 10033 Brooks Rd. Beaumont TX Commented on the L. L. Melton YMCA, that this facility remain open and that everything is done to make sure of that,would like to see the Council appoint a citizen advisory committee so that citizens can have someone they can communicate with Mike Mills 140 Jordan Rd. Lumberton TX Stated as the union president he represents 250 plus members of the Beaumont Police Department, assured everyone that their dedication to the citizens of Beaumont is 100%, it is why the police are there protecting the citizens and their property, also in full support of Chief Coffin's proposal for the advisory committee Paul Brown 4370 Cartwright Beaumont TX Spoke in regards to the L. L. Melton YMCA, had concerns as to who will put up the money and who will run the facility on a continuous basis because the facility is needed in that community, requested that the city take over the facility and rename it the L. L. Melton Recreational Center Mark Smith 7955 Park North Beaumont TX Spoke in regards of the YMCA, asked that the City take it over and keep the facility going because the kids need it,commented on the police officers of the City of Beaumont and thinks that the advisory committee is needed David Moore 5990 Longwood Beaumont TX Page 7 of 8 Minutes-November 17,2009 Congratulated Councilmember Samuel on his being elected as the President of the National Black Caucus of Local Elected Officials, also spoke in regards to the L. L. Melton YMCA, the City can't afford to let there be a gap in service, stated that everyone needs to pull together to protect the children, asked that council study this matter and come up a plan that is right and no amount of money should stop anything from happening Open session of meeting recessed at 3:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Eric Kvarme, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 0,e�,8A��z Be ky A Mayor r J TT" rd, City Clerk Ar ? 1 AV to##. iUJ .r Page 8 of 8 Minutes-November 17,2009