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Home My WebLink AboutMIN FEB 16 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 February 16, 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 February 16,2010, 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 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1 :30 p.m. Pastor Henry Brown of Restoration Outreach Christian Church gave the invocation. Mayor Pro Tern Wright 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 "Arbor Day" - February, 20, 2010 - Proclamation read by Councilmember Coleman; accepted by Laurie Lester with Beautify Beaumont, Inc. and guest "Engineer's Week"- February 14-20, 2010-Proclamation read by Councilmember Smith; accepted by Troy Whitehead, President of Texas Society of Professional Engineers "Taste of the Triangle"- February 16, 2010-Proclamation ready by MayorAmes; accepted by David Heilman with Sabine Area Restaurant Association Public Comment- Persons may speak on scheduled agenda items 1-3/Consent Agenda. Keith Elkins 3001 N. Lamar Blvd. #302 Beaumont TX Spoke on Item A; asked that Council vote in favor of supporting the Texas Open Meetings Act to open and accessible government Minutes-February 16.2010 CONSENT AGENDA Approval of minutes - February 02 , 2010 Confirmation of committee appointments - Resolution 10 - 031 Larue Smith would be appointed to the Library Commission. The term would commence February 16, 2010 and expire February 15, 2012. (Councilmember Jamie D. Smith) Gene Bush would be appointed as Chairman of the Parks and Recreation Advisory Committee. The term would commence February 16, 2010 and expire February 15, 2011. (Mayor Becky Ames) B) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Chambers County Health Department with all activities relating to public health emergency preparedness - Resolution 10 - 033 C) Authorize the City Manager to execute all documents necessary to accept funding for the Cardiovascular Health and Wellness Grant for the Beaumont Public Health Department - Resolution 10 - 034 D) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Orange County Health Department with all activities relating to public health emergency preparedness - Resolution 10 - 035 E) Authorize the City Manager to execute all documents necessary for the Beaumont Public Health Department to continue to provide the Hardin County Health Department with all activities relating to public health emergency preparedness - Resolution 10 - 036 F) Approve a resolution authorizing the acquisition of property for the Concord Road Pavement Widening Project - Resolution 10 - 037 G) Authorize the granting of a Pipeline License Agreement to cross city right-of-way near the Beaumont Municipal Airport - Resolution 10 - 038 H) Authorize the acceptance of a water line easement to provide access for fire protection services at 1650 East Lucas - Resolution 10 - 039 1) Authorize acceptance of supplemental funding for the Southeast Texas Auto Theft Task Force - Resolution 10 - 040 Councilmember Samuel made a motion to approve the Consent Agenda omitting Item A. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE Minutes-February 16,2010 Page 2 of 7 MOTION PASSED A) Approve a resolution supporting the Texas Open Meetings Act. Consider approving a resolution supporting the Texas Open Meetings Act. Administration recommended the adoption of a resolution of support for the Texas Open Meetings Act. There has been controversial litigation surrounding the current Texas Open Meetings Act. The resolution submitted for consideration is one in support of the Texas Open Meetings Act. Councllmember Beaulieu moved to APPROVE A RESOLUTION THAT THE CITY OF BEAUMONT SUPPORTS THE TEXAS OPEN MEETINGS ACT AS A MEANS OF PROMOTING OPEN GOVERNMENT AT ALL LEVELS OF GOVERNMENT. 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 10 - 032 GENERAL BUSINESS 1. Consider approving a contract for a general contractor to perform work related to the Weatherization Program funded by the American Recovery and Reinvestment Act of 2009. Administration recommended the award of a contract to EAS/Weatherization Management Group of Dallas, Texas. The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially those persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children. Funding in the amount of$1,382,532 has been allocated to the City of Beaumont for this program. This level of funding should allow for the provision of service to approximately 175 homes. However, the City will receive one-half of the earmarked amount at this time or 691,267 which will allow for work at approximately 85 homes. Requests for Proposals(RFP)were sent to eight(8)potential responders and posted on the City website. Five (5) responses were received. All responses were evaluated with the criteria provided in the RFP. After the initial evaluation, the two (2) highest ranking respondents were invited to meet with City representatives to further review and discuss their proposals. Minutes-February 16 2010 Page 3 of 7 Funds are available through the American Recovery and Reinvestment Act of 2009. The grant has no matching requirements on behalf of the City. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO EAS/WEATHERIZATION MANAGEMENT GROUP OF DALLAS, TEXAS, TO PERFORM WORK RELATED TO THE TEXAS WEATHERIZATION ASSISTANCE PROGRAM AUTHORIZED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND FUNDED BY THE DEPARTMENT OF ENERGY IN THE AMOUNT OF $1,382,532. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 041 2. Consider appointing Lane Nichols as the hearing officer to preside over the appeal of the decision of the Chief of Police to suspend the non-consent towing permit of Payne and Sons Wrecker. Administration recommended approval. After an investigation of a reported complaint of overcharging by Payne and Sons Wrecker, the Chief of Police on February 2, 2010 notified the company of the violation of the non- consent towing ordinance and a 60-day suspension of its license as a result. The company has since filed an appeal of the Chief's decision to suspend its non-consent towing permit. Section 29-74 of the Code of Ordinances gives the City Council the authority to hear the appeal or select a hearing officer to preside at an appeal hearing. If the Council is so inclined, staff would recommend the appointment of Lane Nichols as the hearing officer in this instance. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT LANE NICHOLS BE AND HE IS HEREBY APPOINTED AS THE HEARING OFFICER TO PRESIDE OVER THE APPEAL OF THE DECISION OF THE CHIEF OF POLICE TO SUSPEND THE NON-CONSENT TOWING PERMIT OF PAYNE AND SONS WRECKER. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 042 Minutes-February 16,2010 Page 4 of 7 3. Consider authorizing the City Manager to execute a Memorandum of Understanding with Christus St. Elizabeth Hospital related to federal funding assistance for a generator project. Administration recommended approval. Christus St Elizabeth Hospital was fortunate to get Congressional earmark funding in the amount of$250,000 for a generator. The stipulation included is that the City of Beaumont agree to facilitate the grant application through FEMA's Pre-Disaster Mitigation grant program.The generator will provide an alternate power source for the hospital which houses the only Level III trauma center in the region. The citizens of Beaumont and this region will directly benefit from this mitigation project so the hospital requested our assistance with submitting the application. A memorandum of understanding would formally document the agreement and responsibilities and enable the City to facilitate grant funding for the hospital. The City will have no financial obligation due to facilitating the grant for Christus St. Elizabeth Hospital. St. Elizabeth will provide any local match required under the guidelines of the respective grant programs. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CHRISTUS ST. ELIZABETH HOSPITAL(THE"HOSPITAL")TO FACILITATE GRANT FUNDING FOR THE HOSPITAL THROUGH FEMA'S PRE-DISASTER MITIGATION PROGRAM GRANT PROGRAM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 043 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Councilmember Samuel left the meeting at 1 :57 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - REMINDED CITIZENS THAT EARLY VOTING HAS STARTED, PLEASE EXERCISE YOUR RIGHT TO VOTE OVER THE NEXT TWO WEEKS, ALSO STATED THAT CRIME STOPPERS IS IN THE MIDDLE OF FUNDRAISERS FOR ITS OPERATIONS, THEY WELCOME ANY CONTRIBUTIONS AND SUPPORT Minutes-February 16.2010 Page 5 of 7 COUNCILMEMBER BEAULIEU - THANKED EVERYONE THAT SPOKE FOR PROCLAMATIONS AND FOR THOSE THAT WORK HARD ON FUNDRAISERS TO HELP OUR YOUNG PEOPLE MAYOR PRO TEM WRIGHT- GLAD TO BE BACK,THANKED EVERYONE FOR THEIR PHONE CALLS, FLOWERS, FOOD, PRAYERS, ALSO THANKED THE WATER UTILITIES DEPARTMENT FOR THE BASKET OF FOOD, THANKED THE MANAGER FOR ALL THAT HE DID, ENCOURAGED EVERYONE TO VOTE COUNCILMEMBER PATE - WELCOMED MAYOR PRO TEM WRIGHT BACK, THANKED SABINE AREA ASSOCIATION FOR THEIR TIME, ENERGY, WORK AND EFFORT,ENCOURAGED EVERYONE TO BE A PART OF THEIR NEIGHBORHOOD ASSOCIATIONS COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER SMITH- WELCOMED MAYOR PRO TEM WRIGHT BACK , ANNOUNCED THE NAACP's FREEDOM FUND BANQUET FRIDAY, FEBRUARY 19, 2010, AT 7:00 P.M., AT THE BEAUMONT CIVIC CENTER CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - THANKS TO ALL OF THE ORGANIZATIONS THAT WERE PRESENT FOR PROCLAMATIONS,FOR ALL THAT THEY DO IN REGARDS TO BENEFITTING OUR COMMUNITY, BEAUTIFICATION AND HELPING OUR YOUNG PEOPLE Public Comments (Persons are limited to three minutes) Darlene Chodzinski 2240 Calder Beaumont TX Executive Director of the Beaumont Heritage Society, spoke to Council in regards to the visionaries and preservation program, would like to develop a short and long term preservation plan for the City of Beaumont with all groups working together, announced the first workshop scheduled for Tuesday, February 16, 2010 at 5:30 p.m., at Heritage Hall on the grounds of the John J. French Museum, 3025 French Road Josh Lasserre 1304 Colorado Beaumont TX Commented on the public workshop that will take place on Tuesday, February 16, 2010, this workshop will take place every third Tuesday, praised the city for what they have done on Calder with the lighting and sidewalks and the great job that has been done downtown Page 6 of 7 Minutes-February 16,2010 Matt Synatschk P.O. Box 12276 Austin TX Commented on the public workshop, main goal is to bring all the groups in Beaumont together and consolidate the work, there will also be a task force to create goals and quality of life in the community and build a stronger economy J.D. Roberts 5275 Landry Ln. Beaumont TX Congratulated Councilmembers Jamie Smith and Audwin Samuel on behalf of the organization SOC - Children in Motion for receiving the "Above and Beyond" award at the SOC banquet that was held on Wednesday, February 10, 2010 Louis Vaughn 9615 Mapes St. Beaumont TX Spoke in regards to the flooding in the West Oakland addition; stated that the line that is causing the flooding has a restriction on it by the city, therefore DD7 can't go in and clean the line,what has occurred is that phase one has been completed, there are still two phases that need to be completed by the city but there is no money Bruce Hoffer 2535 North Beaumont TX Commented on the South Texas Annual Winter soccer meeting,found out that in the southern half of the State of Texas there are about 70,000 kids playing soccer, there are about 3,500 kids playing in the Golden Triangle, Beaumont is actively involved in getting teams lined up for spring soccer, there will be a ground breaking ceremony for a indoor practice facility, for the first time this summer there will be world cup soccer, also encouraged everyone to exercise their right to vote Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551 .071 of the Government Code: Claim Against Beaumont Metropolitan YMCA State of Texas v. James Edward Mathews, Jr. - (No discussion held) City of Beaumont v. James Mathews - (No discussion held) There being no action taken in Executive Session, Council adjourned. Audio available u on request in the City Clerk's Offy�\,,..,�Iw 1 jx �I' 1111 B y Am yor1,/1 co X Tina Broussard, City Clerk 1 AW 1 .. 1 w� 1, .Aw� Minutes-February 16.2010 Page 7 of 7