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HomeMy WebLinkAboutMIN SEP 14 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tom BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel, Ward III September 14,2010 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 September 14,2010, 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 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jonathan Irving of Christ Gospel Church gave the invocation. Councilmember Samuel led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu,Wright,Samuel and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Constitution Week" - September 17 -23, 2010- Proclamation read by Councilmember Beaulieu; accepted by June Poole, on behalf of the Daughters of the American Revolution Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. None CONSENT AGENDA Approval of minutes - September 7, 2010 Confirmation of committee appointments - None A) Authorize the City Manager to exercise an option to extend the current banking services agreement for one additional year - Resolution 10 - 236 Minutes-September 14,2010 B) Approve a contract for the purchase of Limestone Base Material for use by the Streets and Drainage Division - Resolution 10 - 237 C) Approve a contract for the purchase of water treatment chemicals for use by the Water Utilities Department - Resolution 10 - 238 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Section 28-50, Water Service Rates and Section 28-51, Wastewater Service Rates of the Code of Ordinances. Administration recommended approval of an increase in the water and sewer rates by six percent(6%), effective October 1, 2010, and amending the ordinance to change the billing structure for apartment complexes and mobile home parks. The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system.Many of the capital improvements are required to meet State and Federal regulations. The six percent (6%) rate increase is needed to effectively operate the water system and to provide for the necessary debt service associated with water and sewer system projects On April 7,2009,Council approved a change in the billing structure for apartments and mobile home parks whereby the water and sewer would be charged on a per unit basis on no more than 75% of the overall units and the change would be made in three (3) phases. The proposed amendment now is to make the second phase effective October 1, 2010 and the final phase effective April 1, 2011. Councilmember Coleman moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS 28-50(A) AND (D) AND 28-51(A) AND (F), OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1, 2010 AND TO CHANGE THE BILLING STRUCTURE FOR APARTMENT COMPLEXES AND MOBILE HOME PARKS; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH Page 2 of 8 Minutes-September 14,2010 NAYS: NONE MOTION PASSED Ordinance 10 - 074 2. Consider amending Chapters 6 and 10 of the Code of Ordinances, providing local amendments to the 2009 International Building and Fire Codes and amending Chapter 11, providing local amendments to the Texas Department of Health Bureau of Food and Drug Safety "Texas Food Establishment Rules" regulating home day cares. Administration recommended approval. Historically, home day cares,having five(5)orfewer children,have been allowed to operate within the city , with limited regulations. Recently, the City has become aware that approximately thirteen (13)home day cares are operating with six(6)or more children with a license from the State, but without approval from the City. Following a Council Work Session, staff has prepared local amendments to the 2009 International Building and Fire Codes and Texas Department of Health Bureau of Food and Drug Safety "Texas Food Establishment Rules". Existing home day cares would be deemed compliant, provided they are licensed or registered by the State and obtain a Certificate of Occupancy from the City.All new home care cares,licensed or registered by the State,would be required to obtain a Specific Use Permit and a Certificate of Occupancy to open. Hard- wired smoke detectors would be required in these new home day cares. Inspections for smoke detectors,fire extinguishers and other safety items would be conducted annually by the Fire Department. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 6,10 AND 11 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO PROVIDE FOR REGULATION OF IN-HOME CHILD CARE CENTERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 075 3. Consider authorizing the City Manager to enter into a contract with the Texas Water Development Board to receive funding from FEMA's Severe Repetitive Loss Grant Program. Administration recommended approval. Page 3 of 8 Minutes-September 14,2010 Recently, the City applied for funds from the Severe Repetitive Loss (SRL) Flood Buyout Program.This program provides funding to purchase properties that have flood insurance,but repeatedly flood, resulting in claims. The program provides 90% of the funding for the acquisition, demolition, and relocation, with the a required 100% local match. During consideration of this application ,the City Council indicated that the 10%local match should come from the owner's proceeds from the purchase of the properties. As any buyout program is voluntary,a survey was sent out to all of the owners on the SRL list to determine the level of interest in a buyout program,with a majority responding favorably. Following this, each resident was further evaluated for eligibility, according to FEMA guidelines, and each eligible applicant was contacted. The result found that the following properties met the cost-benefit and eligibility analysis and are included in the contract: 1. 720 Zavalla 6. 9175 Gross 2. 2075 Cartwright 7. 4825 Park 3. 2445 N. Lynwood 8. 5765 Longwood 4. 3650 Kenneth 9. 8535 Manion 5. 9275 Doty Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD TO RECEIVE UP TO $1,256,370.03 FROM FEMA'S SEVERE REPETITIVE LOSS GRANT PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 239 4. Consider approving a contract for the purchase of Sodium Hydroxide for use by the Water Utilities Department. Administration recommended the award of a six(6)month contract to FSTI, Inc., of Austin, in the amount of$191,200. Sodium Hydroxide is used by the Water Utilities Department to purify the City's water supply. The Water Utilities Department expects to purchase five hundred (500)dry tons during the term of the contract. FSTI, Inc.,has held this contract previously.The new contract represents an approximate sixty-eight percent (68%) increase over the last contract. Funds are available for this expenditure in the Water Utilities Department's operating budget. Page 4 of 8 Minutes-September 14,2010 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY FTSI, INC., OF AUSTIN, TEXAS, FOR A SIX (6) MONTH CONTRACT FOR THE PURCHASE OF SODIUM HYDROXIDE FOR USE BY THE WATER UTILITIES DEPARTMENT BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEM13ERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 240 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORKSESSION Review and discuss a possible advisory or review board for the Police Department Kyle Hayes,City Manager stated that the worksession was to review and discuss a possible advisory or review board for the Beaumont Police Department. The City Council has held previous worksessions relating to various options, the first being an advisory board in which Council has discussed,the second option being a civilian review board. The City Attorney requested an opinion from the Texas Attorney General in February,2010,no opinion has been received at this time. There is a third opinion that has been recently mentioned and that is the possibility of a City Council review board. Councilmember Samuel started the discussion by stating what a review board or advisory panel's responsibility would be,it is about being able to look at existing policies and guidelines to ensure that the needs and desires of the citizens are met and that they are being done equitable and fairly. In recent years there has been concern about the empathy of the police department and the citizens that they represent. He believes that there are a lot of fine police officers and that they are keeping the city safe, however with the change of times there has been an increase in crimes. Some of the officers on the streets are not sensitive to the concerns of the citizens and that is why he thinks the review board has come up. Councilmember Samuel also discussed the three options that Council may select when making a decision as to what kind of board they would like to appoint. There was dialogue among Mayor and Council,a decision was made by the majority of Council to move forward with some type of board. Councilmember Wright stated she would like to wait until an opinion has been received from the Texas Attorney General's office. Public Comments (Persons are limited to three minutes) Frank Kiefer 3190 Willowood Dr. Beaumont TX Spoke regarding citizens that live on a fixed income,those that have lost their income or on a minimum income,protested the increase in property taxes,commented on raising the water Page 5 of 8 Minutes-September 14,2010 and sewer rates, asked why the City expended $27,300.00 on the Municipal Airport when there is $24 million sitting in the bank earning interest, stated he has approached Council previously in regards to freezing taxes for the senior citizens, also there are streets in Beaumont that are in dire need of repair Mike Mills 140 Jordan Rd. Beaumont TX Stated that he is the President of the Beaumont Police Officer Association, addressed the concerns of a citizen review board on behalf of the Police Department, to understand their concerns everyone needs to understand why and how Civil Service came about as to what can and cannot be released, he further discussed Civil Service and its fairness and it being a just vehicle when relating to Police and Fire Rev. J.D. Roberts 5475 Landry Ln. Beaumont TX Stated that the Citizen Review or Advisory Board should be about is bring citizens together, the citizens of Beaumont have spoken and want to see this board put into place,they would like to have some input into what is going on in the City and to have a working relationship,as well as communication with the Beaumont Police Department Vernon Durden 2110 Westbury Rd. Beaumont TX Commented on the Review Board and what this board's responsibility would be,stated that review means after something has happened not before,does not mean looking at records, does not mean issuing out discipline,stated that he has issued information on how to develop a review board and what they are to look for when reviewing completed investigations COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - NONE COUNCILMEMBER BEAULIEU- APPRECIATES EVERYONE'S PATIENCE AS THEY DISCUSS THE PROCESS FOR A CITIZEN OR CIVILIAN REVIEW BOARD COUNCILMEMBER WRIGHT- CONGRATULATED THE WEST BROOK BRUINS,THEY HAVE NOT LOST A GAME THIS SEASON MAYOR PRO TEM PATE - GO LU, COMMENTED ON THE LAMAR UNIVERSITY GAME HELD ON SATURDAY, SEPTEMBER 11, 2010, PROUD OF COACH WOODARD AND JIMMY SIMMONS ON THE GREAT JOB THEY DID,COMPLIMENTED BRAD PENISSON AND CHIEF HUFF FOR THE 9/11 PRESENTATION HELD ON SATURDAY COUNCILMEMBER SAMUEL- CONGRATULATED LAMAR UNIVERSITY ON THEIR VICTORY, GREAT TO SEE RED ALL OVER THE CITY, IT'S ANOTHER GREAT DAY IN BEAUMONT Page 6 of 8 Minutes-September 14,2010 COUNCILMEMBER SMITH- ANNOUNCED THAT TYRRELL PARK NEIGHBORHOOD PARK ASSOCIATION WOULD BE MEETING ON THURSDAY, SEPTEMBER 16, 2010, AT 6:30 P.M., THERE IS A LEGAL SYMPOSIUM SPONSORED BY THE NAACP FROM 9:00 A.M. TO 12:00 P.M., THERE WILL BE A TAKE YOUR LOVED ONE TO THE DOCTORAT MT.GILEAD BAPTIST CHURCH,HOSTED BY COMMISSIONERS ALFRED AND SENEGAL, THERE IS A CONCERTS IN THE PARK ON SATURDAY,AT CENTRAL PARK FROM 4:00 P.M.TO 9:00 P.M.,WITH THE JAZZ INNOVATORS CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- ASKED THAT STAFF SEND MR. KIEFER SOME CLARIFICATION ON THE TAX RATE, STATED THAT EVERYONE IS PROUD OF LAMAR AND GLAD TO HAVE FOOTBALL BACK,STATED THAT LT.GOVERNOR DAVID DEWHURST WAS IN TOWN TO SPEAK ABOUT THE TExAS BACK TO WORK PROGRAM, THIS PROGRAM IS FOR PERSONS THAT HAVE FILED FOR UNEMPLOYMENT FOR THE FIRST TIME AND IF A BUSINESS HIRES THEM THEY WILL RECEIVE CREDIT FOR TRAINING ETC., APPRECIATED ALL OF THE INPUT FOR THE WORKSESSION TODAY AND HAVE TO LOOK OUT FOR THE CITIZENS AND THE LAW AND AN AGREEMENT WILL BE REACHED, MENTIONED THE 9/11 PROGRAM,REQUESTED MORE ADVERTISEMENT SO THAT MORE CITIZENS COULD HAVE ATTENDED Open session of meeting recessed at 2:50 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Erik Kvarme, et al, vs. The City of Beaumont, et al Kevin Roach v. City of Beaumont City of Beaumont v. James Mathews State of Texas v. James Mathews, Jr. Page 7 of 8 Minutes-September 14,2010 I There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Be y Ames, ay ley Tina Broussard, City Clerk Page 8 of 8 Minutes-September 14,2010