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Home My WebLink AboutMIN JAN 26 2010 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 January 26, 2010 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 January 26,2010, 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 1-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Michael Cooper of the Church of I Am gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present atthe meeting were MayorAmes, Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Absent: Mayor Pro Tern Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Mayor Pro Tern Wright absent due to illness. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 19, 2010 Confirmation of committee appointments - None A) Approve a six(6) month contract for the purchase of Aluminum Sulfate for use by the Water Utilities Department - Resolution 10 - 014 Minutes-January 26,2010 B) Approve a one-year contract with CapitalEdge Advocacy, L.L.C., to act as the City of Beaumont's Washington Assistant and revocation of Resolution No. 10-002 approved by Council on January 12, 2010, approving a one-year renewal of the contract with Carolyn C. Chaney&Associates, Inc.,to act as the City of Beaumont Washington Assistant-Resolution 10 - 015 C) Approve a resolution accepting lesser payment and authorizing the release of a paving lien against property described as 570 Royal Street, Lots 51 & 52, Block 6 of Langham to Beaumont Addition, Beaumont, Texas - Resolution 10 - 016 D) Authorize the settlement of the lawsuit styled Donald Jackson v. City of Beaumont, et al - Resolution 10 - 017 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a financing agreement for the lease purchase of equipment for use by the Solid Waste Division and the Fire Department. Administration recommended award of a bid for a five (5) year financing agreement with a fiscal interest rate of 2.73%to Chase Equipment Leasing of Columbus, Ohio for the purchase of six (6) garbage trucks and one (1) Pierce fire truck. The garbage trucks will replace units rendered unfit for continued use by age and mileage. Purchase of twelve (12) garbage trucks was approved by Council on August 4, 2009 with Resolution No. 09-229. Six (6) of the garbage trucks were purchased directly and the remaining six (6) will be financed by the lease purchase agreement. The fire truck, a combination pumper and ladder truck, meets ISO standards for the area served by Fire Station No. 5 on Walden Road, where it will be located. Purchase of the fire truck was approved by Council on August 25, 2009 with Resolution No. 09-250. The total cost of the equipment including finance costs will be $2,468,143.59. Financing the total amount of $2,278,209.00 will result in a net cost of $189,934.59. The debt will be apportioned between the garbage trucks and the fire truck and serviced by the Solid Waste Fund and Capital Reserve Fund, respectively. Minutes-January 26.2010 Page 2 of 11 Councilmember Beaulieu moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY CHASE EQUIPMENT LEASING, COLUMBUS, OHIO, FOR A FIVE (5) YEAR FINANCING AGREEMENT WITH A FIXED RATE OF 2.73% FOR A TOTAL AMOUNT OF$2,468,143.59 FOR THE PURCHASE OF SIX (6) AUTOCARS WITH AUTOMATED SIDE LOADERS AND ONE (1) PIERCE FIRE TRUCK FOR USE BY THE SOLID WASTE AND FIRE DEPARTMENTS BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUELAND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 018 2. Consider authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010. Administration recommended approval of an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to May 4, 2010. On December 30, 2009, Entergy Texas, Inc. (Entergy)filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $200 million annually. An average residential customer using 1,000 kilowatt hours of electricity per month can expect a$25.85 or 20.30% monthly increase under the Entergy rate increase proposal. In addition, city municipal lighting service is proposed to be increased by about 10% above the current authorized levels. Each city retaining exclusive original jurisdiction must make a determination regarding Entergy's rate increase request or suspend the proposed effective date within thirty-five (35) days of Entergy's filing or by February 3, 2010. If a timely determination is not made or the effective date is not suspended,the rate increase proposed by Entergy would go into effect by operation of law. The proposed ordinance authorizes the suspension of the effective date of the proposed increase to May 4, 2010. This would allow for the City to join with other cities in the Entergy service area as a steering committee to combine efforts to review the rate filing package and participate in the rate case filed before the Public Utility Commission of Texas. The ordinance also authorizes the hiring of the Lawton Law Firm, P.C.,to represent the steering committee and requires the steering committee to seek reimbursement from the utility company for any rate case expenses incurred. The reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. Minutes-January 26,2010 Page 3 of 11 Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT,TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY(90)DAYS BEYOND THE FEBRUARY 3,2010,EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED " APPLICATION TO CHANGE RATES OF ENTERGY TEXAS, INC. FOR AUTHORITY TO CHANGE RATES AND TO RECONCILE FUEL COSTS", FILED ON DECEMBER 30, 2009; AUTHORIZING THE HIRING LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS,REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Councilmember Samuel seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUELAND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 008 3. Consider authorizing the participation of the City of Beaumont with other Entergy Texas, Inc., service area cities to intervene in proceedings before the Public Utilities Commission of Texas for the calendar year 2010. Administration recommended the adoption of a resolution authorizing the City of Beaumont to participate with other Entergy Texas, Inc., service area cities and to intervene in proceedings filed by Entergy Texas, Inc., before the Public Utilities Commission of Texas for the calendar year 2010. Historically,the City of Beaumont hasjoined with other cities in the Entergy Texas, Inc.,service area in participating in proceedings before the Public Utilities Commission of Texas and various other rate and fuel matters filed by Entergy. The purpose of this resolution is to authorize the City of Beaumont to participate with other cities by intervening in the cases that the company has filed and is expected to file in 2010. This participation is necessary to assure reasonable rates and charges and fair competition to all customer classes. All reasonable expenses associated with these cases will be reimbursable by the company as they have been in the past. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF BEAUMONT,TEXAS,AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC.AT THE PUBLIC UTILITY COMMISSION OF TEXAS AND THE FEDERAL ENERGY REGULATORY COMMISSION IN 2010. Councilmember Coleman seconded the motion. Minutes-January 26,2010 Page 4 of 11 AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 019 4. Consider amending the FY 2010 Budget to appropriate funds in the Rita Recovery Fund to be transferred to the Gustav Recovery Fund. Administration recommended that Council amend the FY 2010 Budget to appropriate $179,966 in the Rita Recovery Fund to be transferred to the Gustav Recovery Fund. As a result of the planning and evacuation for Hurricane Gustav in August of 2008, the City incurred $1,220,230 in costs and recovered all but$179,996 through reimbursements from FEMA. The Gustav Recovery Fund is ready to be closed out and in order to do so, a transfer is required to offset the negative fund balance. Although the City has ongoing projects related to Hurricane Rita, monies are available in the Rita Recovery Fund to cover this transfer. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO TRANSFER $179,966 FROM THE RITA RECOVERY FUND TO THE GUSTAV RECOVERY FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Pate seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 009 5. Consider amending Section 21-75 of the Code of Ordinances related to authorized positions in the Police Department. Administration recommended approval. Weldon Dunlap retired from the Police Department after 40 years of service, with his most recent position as that of Assistant Chief. That position is now vacant. We are asking that City Council eliminate the position of Assistant Chief so that the Police Chief can work closer with the three Captains. This is possible at this time without compromising the efficiency of Minutes-January 26,2010 Page 5 of 11 the organization. This would change the total number of positions in the department from 264 to 263. This would result in a savings of approximately $125,000 on an annual basis. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING SECTION 21-75 OF THE CODE OF ORDINANCES TO ELIMINATE THE POSITION OF ASSISTANT CHIEF IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Smith seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 010 6. Consider authorizing the City Manager to apply for and accept grant funding through the National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife Department's (TPWD) Recreation Grants Branch. Administration recommended Consider authorizing the City Manager to apply for and accept grant funding through the National Recreational Trails Fund in Texas administered by the Texas Parks and Wildlife Department's (TPWD) Recreation Grants Branch. The Texas Recreational Trails Grant is funded through the National Recreational Trails Fund from a portion of federal gas taxes paid on fuel used in non-highway recreational vehicles. The grant program is administered by TPWD's Recreation Grants Branch and are made available to local government entities. The Recreational Trails Grant funds can be spent on the construction of new recreational trails and to improve existing trails. The grant is on a cost reimbursement basis. Project sponsors must initiate their approved projects with their own funds and be reimbursed up to 80% of allowable costs. Individual trail grants can range from $4,000 to $200,000. If approved,the Recreational Trails Grant will be used for Walking Trail Improvements at Klein Park. Improvements proposed have an estimated cost of$167,000. Based on the terms of the grant, up to $133,600 of these costs would be reimbursable. The grant reimburses up to 80% of allowable project costs up to a maximum of $200,000. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY AND RECEIVE GRANT FUNDING THROUGH THE TEXAS RECREATIONAL TRAILS GRANT PROGRAM, FUNDED THROUGH THE NATIONAL RECREATIONAL TRAILS FUND AND ADMINISTERED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S Minutes-January 26,2010 Page 6 of 11 RECREATION GRANTS BRANCH, IN AN AMOUNT UP TO $200,000 FOR WALKING TRAIL IMPROVEMENTS AT KLEIN PARK. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 020 7. PUBLIC HEARING: Dangerous Structures Public Hearing Open: 1:46 p.m. Public comments were made by the following people who personally appeared and requested additional arrangements for their property. Emma Borut 2365 Cousins Beaumont TX Item# 4 2365 Cousins Jerry Lane 1735 Bandera Beaumont TX Item# 6 1845 Delaware Troy Booker 1685 Earl Beaumont TX Item# 9 1685 Earl Kenneth Bagley 115 Candlelight Ln. Beaumont TX Item# 10 4075 El Paso Felix Haynes Jr. 3310 Glenwood St. Beaumont TX Item# 12 450 E. Gill Mary A. Williams 5380 Phelps Rd. Beaumont TX Item# 14 620 E. Gill and Shed Norma Broun 14501 H 10 E Beaumont TX Item# 18 14501 H 10 (Commercial Aux. Bld.) Minutes-January 26,2010 Page 7 of 11 Letha Bowman 1910 Ives Beaumont TX Item# 19 1910 Ives Aaron Conley 324 La Salle Beaumont TX Item# 25 324 La Salle Dwight Richard 4340 Flamingo Beaumont TX Item# 30 2036 Linson Jessica Spikes 5090 Sasafras Beaumont TX Item# 35, 58 2610 Magnolia and 3560 Youngstown Margaret Antoine 1825 Bryant Way Beaumont TX Item# 40 2330 Pierce Kacey Edwards 1857 Grand Beaumont TX Item# 15 1857 Grand and Shed Robert Joseph 2978 Goliad St. Beaumont TX Item# 46 670 Prince Spoke to council concerning a previous structure that appeared on the demolition list Public Hearing Close: 2:12 p.m. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS 4, 6, 9, 10, 12, 14, 15, 18, 25, 30, 35, 40, 46 AND 58,TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST, ITEMS 19 AND 55 WE REMOVED AND TO BE LISTED ON THE NEXT SET OF DANGEROUS STRUCTURES TO COME BEFORE COUNCIL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes-January 26,2010 Page 8 of 11 Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYORAMES,COUNCILMEMBERS COLEMAN,BEAULIEU,PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 011 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 ON SATURDAY, FEBRUARY 6, 2010, THE TRIANGLE AIDS NETWORK WILL BE HOSTING A "TIME TO GET TREATED AND INFORMED" SEMINAR AT THE L. L. MELTON YMCA,STARTING AT 9:00 A.M.TO 3:00 P.M.,THE 100 BLACK MEN OF BEAUMONT WILL HAVE A BLOOD DRIVE AT PARKDALE MALL ON SATURDAY, AT 10:00 A.M. COUNCILMEMBER SAMUEL - COMMENTED ON A NEW PROGRAM IN THE NORTH END OF BEAUMONT, THERE WILL BE AN INCREASED EFFORT BY CODE ENFORCEMENT IN MAKING SURE THAT STRUCTURES ARE BROUGHT UP TO CODE, TO REMOVE DILAPIDATED STRUCTURES,AS WELL AS BRINGING IN NEWLY DEVELOPED HOMES, IF ANYONE IS INTERESTED IN HELPING WITH THE NEW DEVELOPMENT PLEASE CONTACT HIM AT CITY HALL COUNCILMEMBER PATE - STATED THAT MAYOR PRO TEM WRIGHT WAS IN THE HOSPITAL AND DOING WELL, CONGRATULATED COUNCILMEMBERS COLEMAN AND SAMUEL ON BEING RECOGNIZED AS NOMINEES BY THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION FOR THE FRANCIS MONK AWARD FOR THEIR WORK IN THE COMMUNITY COUNCILMEMBER BEAULIEU - CONGRATULATED COUNCILMEMBERS COLEMAN AND SAMUEL FOR BEING NOMINEES FOR THE FRANCIS MONK AWARD Minutes-January 26,2010 Page 9 of 11 COUNCILMEMBER COLEMAN- ANNOUNCED THE CHRISTIAN WEEKEND RETREAT "MEN'S OF EMMAUS WALK" NO. 127, LARRY BEAULIEU AND VERNON PIERCE WILL BE ATTENDING, WISHED THEM LUCK MAYOR PRO TEM WRIGHT - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES- ANNOUNCED THERE WILL BE A WORKSESSION ON TUESDAY, FEBRUARY 2,2010 ON THE ESTABLISHMENT OF A POSSIBLE POLICE DEPARTMENT ADVISORY BOARD OR SIMILAR BOARD MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Beaumont TX Asked who leaked information regarding the City receiving $20 million from the gas well located at Municipal Airport; stated the City is a tax exempt entity and will be selling a viable product, asked if the federal government would tax the City on whatever amount of money received from this well, requested that all citizens be informed on the status of the drilling Vernon Durden 2110 Westbury Rd. Beaumont TX Thanked Council for a worksession on the Police Department Advisory Board, also commented on the picture of the City Manager in the VIP magazine Open session of meeting recessed at 2:23 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: John Smith v. The City of Beaumont, et al Brandon Pickard v. City of Beaumont, Texas, et al State of Texas v. James Edward Mathews, Jr. City of Beaumont v. James Mathews There being no action taken in Executive Session, Council adjourned. Minutes-January 26,2010 Page 10 of 11 Audio available upon request in the City Clerk's Office. ,r Becky Ame ayor r ,UMOM�\II , ' 11 Tina Broussard, City Clerk I/,+1Aw i Page 11 of 11 Minutes-January 26,2010