HomeMy WebLinkAboutMIN SEP 06 2011 M I N U T E S - CITY OF BEAUMONT
W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright,At-Large
Dr.Alan B.Coleman,Ward I CITY COUNCIL MEETING Michael D.Getz,Ward li
Audwin Samuel,Ward III September 6,2011 Jamie Smith,Mayor Pro Tom
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 6,2011,
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.
Reverend Harland Merriam of St. Andrews Presbyterian Church gave the invocation. First
Responders led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tern Smith, Councilmembers Coleman,
Getz, Wright, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper,
City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentations, Recognitions
Individual groups spoke on 9/11 events:
Brad Pennison with the Beaumont Fire Department—Announced an event on Friday,
September 9, 2011, Annual 9/11 Tribute and Memorial Blood Drive, Fire Station #1,
College Street.
Office Bryan Baker with the Beaumont Police Department—Announced an event on
Saturday, September 10, 2011, "Run to Remember" in memory of Fallen Police Officer
Brian Hebert
Robyn Troy with Neil Advertising —Announced an event on Saturday, September 10,
2011, at Cowboy Honda, 9/11 Never Forget Ceremony and a Ride to Remember,
benefitting Club 100
Beverly Flossi, President of the Beaumont Council of Gardens Club—Announced the
10th Anniversary Memorial Ceremony Commemorating September 11th, co-sponsored with
the City of Beaumont, at Tyrrell Park at the"in God We Trust"United We Stand September
11, 2011, Memorial Garden
Minutes—September 6,2011
Mayor Ames — Spoke regarding the 9/11 National Moment of Remembrance, Stop &
Remember September 11, 2011.
Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes —August 30, 2011
Confirmation of committee appointments— Resolution 11 - 251
Ymelda Vaughn would be appointed to the Convention and Tourism Advisory Board. The term
would commence September 6, 2011 and expire September 5, 2013. (Councilmember Gethrel
Williams-Wright)
MacArthur English would be appointed to the Parks and Recreation Advisory Committee. The
term would commence September 6, 2011 and expire September 5, 2013. (Councilmember
Gethrel Williams-Wright)
Thomas P. Sigee would be appointed to the Small Business Revolving Loan Fund Board. The
term would commence September 6, 2011 and expire September 5, 2013. (Councilmember
Gethrel Williams-Wright)
Deanna Andrews would be appointed to the Library Commission. The term would commence
September 6, 2011 and expire September 5, 2013. (Councilmember Gethrel Williams-Wright)—
Councilmember Wright asked that this appointment be pulled
Eliot New would be appointed to the Historic Landmark Commission. The term would commence
September 6, 2011 and expire September 5, 2013. (Councilmember Alan B. Coleman)
Gwen Ambres would be appointed to the Parks and Recreation Advisory Committee. The term
would commence September 6, 2011 and expire September 5, 2013. (Councilmember Gethrel
Williams-Wright)
Dan Robbins would be appointed to the Parks and Recreation Advisory Committee. The term
would commence September 6, 2011 and expire September 5, 2013. (Councilmember W. L.
Pate, Jr.)
Norris Batiste would be appointed to the Community Development Advisory Committee. The term
would commence September 6, 2011 and expire September 5, 2013. (Mayor Becky Ames)
Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term
would commence September 6, 2011 and expire May 12, 2013. (Mayor Becky Ames)
Dora Nisby would be reappointed to the Community Development Advisory Committee. The
current term would commence September 6, 2011 and expire July 5, 2013. (Councilmember
Gethrel Williams-Wright)
Minutes—September 6,2011
Georgine Guillory would be reappointed to the Community Development Advisory Committee.
The current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro
Tern Jamie D. Smith)
William Sam would be reappointed to the Community Development Advisory Committee. The
current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro Tern
Jamie D. Smith)
Darlene Chodzinski-Heritage Society would be reappointed to the Historic Landmark Commission.
The current term would commence September 6, 2011 and expire September 3, 2013. (Mayor
Becky Ames)
Paula Blazek would be reappointed to the Historic Landmark Commission. The current term
would commence September 6, 2011 and expire July 23, 2013. (Councilmember W. L. Pate, Jr.)
Norris Turner would be reappointed to the Historic Landmark Commission. The current term
would commence September 6, 2011 and expire June 18, 2013. (Mayor Pro Tern Jamie D.
Smith)
Dora Nisby would be reappointed to the Library Commission. The current term would commence
September 6, 2011 and expire December 12, 2012. (Councilmember Alan B. Coleman)
Carl Briggs would be reappointed to the Parks and Recreation Advisory Committee. The current
term would commence September 6, 2011 and expire July 10, 2013. (Mayor Pro Tern Jamie D.
Smith)
Barbara White would be reappointed to the Parks and Recreation Advisory Committee. The
current term would commence September 6, 2011 and expire August 6, 2013. (Mayor Pro Tern
Jamie D. Smith)
Lauren Williams-Mason would be reappointed to the Planning and Zoning Commission. The
current term would commence September 6, 2011 and expire December 17, 2013.
(Councilmember Alan B. Coleman)
Walter Kyles would be reappointed to the Planning and Zoning Commission. The current term
would commence September 6, 2011 and expire June 3, 2012. (Mayor Pro Tern Jamie D. Smith)
Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro Tern
Jamie D. Smith)
A. Authorize the City Manager to apply for and accept funding through the FY 2011
Assistance to Firefighters Grant Program — Resolution 11 - 252
B. Authorize amending the Lease Agreement with the University of Texas Medical Branch at
Galveston to extend the lease for five years and to increase the monthly rental rate —
Resolution 11 — 253
Minutes—September 6,2011
C. Authorize the acceptance of a 79 square foot Transit Easement to install a new bus stop
located at 1580 College Street— Resolution 11 - 254
D. Authorize the execution of a License to Encroach Agreement with Stoneleigh Homsar
Apartments, Ltd. for a structure encroaching onto a city utility easement—Resolution 11 -
255
Councilmember Samuel made a motion to approve the Consent Agenda. Mayor Pro Tern
Smith seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1. Consider approving a resolution supporting and joining the National Moment of
Remembrance of the 10th Anniversary of September 11tH
Administration recommended approval.
The United States Senate unanimously passed a resolution on July 22nd establishing a
National Moment of Remembrance on September 11, 2011 at 12:00 p.m., Central Time,to
memorialize the September 11th terrorist attacks with one minute of reflection. Senator
Frank Lautenberg,the sponsor of the resolution, has asked Mayor Ames to help by drafting
a proclamation or resolution recognizing this Moment of Remembrance and encouraging
the fire department, police department and churches to ring bells or sirens at 12:00 p.m.
CST for one minute on September 11, 2011. These bells or sirens will be a signal to stop
and remember. Mayor Becky Ames asked that this item be placed on the agenda for your
consideration.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE GOVERNING BODY OF THE
CITY OF BEAUMONT,TEXAS ENCOURAGES THE OBSERVANCE OF THE MOMENT OF REMEMBRANCE
TO LAST FOR 1 MINUTE BEGINNING AT 1:00 P.M. EASTERN DAYLIGHT TIME BY, TO THE MAXIMUM
EXTENT PRACTIBLE CEASING ALL WORK OR OTHER ACTIVITY; AND MARKING THE MOMENT IN AN
APPROPIATE MANNER,INCLUDING BY RINGING BELLS,BLOWING WHISTLES,OR SOUNDING SIRENS.
Councilmember Wright seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Minutes—September 6,2011
Resolution 11 — 256
Councilmember Samuel left the meeting at 1:50 p.m.
2. Consider adopting the FY 2012 Budget.
Administration recommended Council adopt the FY 2012 Budget as submitted to
Council on August 9, 2011.
Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the
favorable votes of at least a majority of all members of the Council." Section 9 states that
"the budget shall be finally adopted not later than the twenty-seventh (27th)day of the last
month of the fiscal year. Should the Council take no final action on or prior to such day,the
budget as submitted by the City Manager shall be deemed to have been finally adopted by
the Council."
The FY 2012 Budget was submitted to Council on August 9, 2011, and reviewed during a
work session on August 23, 2011. A public hearing was held on August 23, 2011, which
met the requirements of the Charter and state law.
The proposed FY 2012 Budget appropriation for all funds, net of contingency, totals
$217,020,018.
Councilmember Getz made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
REFERRED TO AS THE"ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL
PERIOD BEGINNING OCTOBER 1,2011 AND ENDING SEPTEMBER 30,2012,IN ACCORDANCE WITH
THE CHARTER OF THE CITY OF BEAUMONT;APPPORTIONING THE FUNDS OF THE CITY OF BEAUMONT;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
FOR SEVERABILITY. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 11 —067
3. Consider adopting the 2012 Capital Program.
Administration recommended Council adopt the 2012 Capital Program as submitted to
Council May 13, 2011 and revised August 9, 2011.
Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital
Program with or without amendment after the public hearing and on or before the twenty-
seventh (27th) day of the last month of the current fiscal year."
Minutes—September 6,2011
The Capital Program was originally submitted to Council on May 13, 2011. It was revised
and submitted to Council on August 9, 2011, and reviewed during a work session on
August 23, 2011. A public hearing was also held on August 23, 2011.
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE FY 2012
CAPITIAL PROGRAM IS HEREBY ADOPTED. Councilmember Getz seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT AND PATE
NAYS: NONE
MOTION PASSED
Resolution 11 - 257
4. Consider accepting the tax roll and establishing the property tax rate for the tax year
2011 (FY 2012).
Administration recommended that Council accept the Jefferson County Appraisal District's
Certified Tax Roll and adopt a property tax rate of$0.64 for the tax year 2011 (FY 2012).
The tax rate would be apportioned $0.458182/$100 assessed valuation to the General
Fund and $0.181818/$100 assessed valuation to the Debt Service Fund.
Chapter 26 of the Property Tax Code re t uires taxing units to comply with truth-in- rates
before the later of September 30 or the 60 h day after the taxing unit receives the appraisal
roll. State law also requires the adoption of the Budget before the tax rate.
Applying pl in the proposed tax rate of$.6400 and a 97%collection rate, budgeted revenues of
$30,014,000 and $11,911,000 respectively to the General and Debt Service Funds are
anticipated.
Councilmember Pate made a motion to ADOPT AN ORDINANCE ACCEPTING THE TAX ROLL FOR
THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING,ASSESSING AND
COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2011;PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL. Councilmember Wright seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 11 — 068
5. Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002,
Wastewater Service Rates of the Code of Ordinances.
Minutes—September 6,2011
Administration recommended approval of an increase in the water and sewer rates by six
percent (6%), effective October 1, 2011.
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.
The proposed rate increase is projected to increase water and sewer revenues by $1.6
Million for FY 2012.
Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
AMENDING CHAPTER 22,ARTICLE 22.02,SECTIONS 22.02.001 AND 22.02.002 OF THE CODE OF
ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES
EFFECTIVE OCTOBER 1, 2011; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEMBERS COLEMAN,GETZ,
WRIGHT AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 11 —069
6. Consider granting a new solid waste collection and transportation service franchise to
Liquid Vacserv, LLC .
Administration recommended granting a solid waste collection and transportation service
franchise to Liquid Vacserv, LLC.
According to City Ordinance 22.05.101, no person shall engage in the business of
collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first
having obtained a franchise from the City. Five (5) entities currently have nonexclusive
franchise agreements with the City and are doing business in this area. Liquid Vacserv,
LLC has requested that the City Council grant the company such franchise agreement.
Liquid Vacsery is locally owned and operated with its corporate office located at 2715
Laurel Street in Beaumont.
The requested franchise is generally the same as those previously approved by City
Council. It provides for a term of one year from its effective date and a franchise fee of
seven percent (7%) of gross revenues received for service. It also requires the entity to
indemnify the City of Beaumont and provide insurance which names the City of Beaumont
as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate
Council meetings, with the third not less than thirty (30) days from the first reading.
Minutes—September 6,2011
The ordinance does not take effect until sixty (60) days after its adoption on the third and
final reading. After passage, the ordinance must be published for four (4) consecutive
weeks in a newspaper of general circulation in the city. All publication costs are paid by
franchisee. Attached, is a copy of the franchise agreement for your review.
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
COuncilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO
LIQUID VACSERV, L.L.C. Councilmember Getz seconded the motion.
AYES: MAYOR AMES,MAYOR PRO TEM SMITH,COUNCILMEM13ERS COLEMAN,GETZ,
WRIGHT AND PATE
NAYS: NONE
MOTION PASSED
Ordinance 11 - 070
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
COUNCILMEMBER COMMENTS
MAYOR PRO TEM SMITH - THANKED STARLIGHT BAPTIST CHURCH FOR THEIR AWARD
FOR COMMUNITY INVOLVEMENT, ANNOUNCED THAT ON
SEPTEMBER 17, 2011, THERE WILL BE NEIGHBORS IN THE
PARK, AT CENTRAL PARK FROM 2:00 P.M. TO 5:00 P.M.,
ALSO A TOWN HALL MEETING ON SEPTEMBER 22, 2011,
FROM 5:30P.M.TO 7:30 P.M.
COUNCILMEMBER SAMUEL- ABSENT
COUNCILMEMBER PATE- ENCOURAGED EVERYONE TO ATTEND AS MANY EVENTS AS
POSSIBLE FOR THE TEN YEAR ANNIVERSARY OF 9111,ALSO
REMINDED CITIZENS IF THEY ARE NOT A PART OF A
NEIGHBORHOOD ASSOCIATION TO PLEASE JOIN ONE,
THERE'S ONE IN EVERY PART OF THE CITY, COMMENTED ON
THE LAMAR UNIVERSITY FOOTBALL GAME
COUNCILMEMBER WRIGHT- GOD BLESS ALL OF THE FIRST RESPONDERS AND
VOLUNTEERS,AND GOD BLESS AMERICA
COUNCILMEMBER GETZ- STATED THAT HE WOULD LIKE TO SEE A NEIGHBORHOOD
ASSOCIATION IN THE DOWLEN WEST AREA IN THE COMING
YEAR, ANYONE INTERESTED IN ASSISTING HIM IN CREATING
THIS ASSOCIATION PLEASE CONTACT HIM HERE AT CITY
HALL,HE PLANS TO HAVE A TOWN HALL MEETING LATER THIS
FALL
Minutes—September 6,2011
COUNCILMEM13ER COLEMAN- ENCOURAGED CITIZENS TO ATTEND THE EVENTS THAT WILL
BE OCCURRING IN MEMORY OF 9/11, GAVE A RECAP OF ALL
EVENTS, REMINDED CITIZENS OF THE "BARK FOR LIFE"
AMERICAN CANCER SOCIETY FUND RAISER AT TYRRELL
PARK AT 10:00 A.M. ON SEPTEMBER 24, 2011, PLEASE
CONTACT THE AMERICAN CANCER SOCIETY FOR
REGISTRATION FORMS
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Public Comments (Persons are limited to three minutes)
Reverend Curtis Alexander 2955 Washington Blvd. Beaumont TX
Stated he is the Pastor of Bethel Bible Ministries, wanted to thank Mayor Ames for the
Proclamation dedicating their new sanctuary, as well as thanking Councilmember Samuel
for attending in place of the Mayor and Mayor Pro Tern Smith
Open session of meeting recessed at 2:07 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Yvonne Como v. City of Beaumont, Texas; 09-10-00192-CV
City of Beaumont, Texas v. James Mathews; 09-10-00198-CV
The City of Beaumont v. J.E.M.; 09-10-00537-CV
There being no action taken in Executive Session, Council adjourned.
Audio available upon request in the City Clerk's Office.
e ky s, Mayor C ��
Tina Broussard, City Clerk �t�a
Minutes-September 6,2011