Loading...
HomeMy WebLinkAboutMIN JUL 24 2012 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,Mayor Pro Tom CITY COUNCIL MEETING Michael D.Getz,Ward 11 Audwin Samuel,Ward III July 24,2012 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 July 24, 2092, in 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 1-2/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Big Jim Salles of West End Baptist 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 Coleman, CouncHmembers, Getz, Wright, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "DuPont Goodrich Federal Credit Union Day" - July 27, 2012 - Proclamation read by Councilmember Pate; accepted by Donna Lively and other staff members of DuPont Goodrich Federal Credit Union Presentation— Presentation to Council by the City of Beaumont EMS in recognition of its 30"'Anniversary— Paul Holman was the spokesperson along with other City of Beaumont EMS employees Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. There were several citizens that wanted to speak to Council in regards to the worksession pertaining to Crossing Guards, the Mayor allowed those citizens to speak so that Council could hear their comments before the worksession Mike Neil 466 Georgetown Beaumont TX Thanked Council for their service to the city, spoke as a tax payer and not as a school board trustee, stated that he knows in the past the City and the school district have worked together on the project of the crossing guard, believes that as a tax payer the City's funds Minutes—July 24,2012 should be used for City items and the School District's funds should be used for school district items, believes that the safety of the children should be something that the school district should be dealing with, although he appreciates the partnership in the past, BISD has a healthy fund balance,what BISD should do is prioritize the budget to include funding for the crossing guard program and leave the money for the City to utilize else where Scott Kerry 4420 Swift Dr. Beaumont TX Spoke regarding the crossing guards and their need for the safety of the kids, spoke about how citizens speed near the schools,without the crossing guards a lot of the kids safety will be at risk, stated that he doesn't know the financial standing of the school board and until they confirm their financial standing it should stay as it is, if the crossing guard program is eliminated then that will put a lot of people out of work, they do it because they love what they do Claude Guidroz 3365 Briar Court Beaumont TX Stated that the issue that we face today is falling in the area of partnership and jurisdiction, believes that the school system has made it clear that what once was the City's jurisdiction and that is police enforcement is now their jurisdiction by diverting funds from the classroom to a police force, when they did that they broke a long tradition with the City regarding jurisdiction, the reason for doing something should not be simply because we have always done it, believes that the school has clearly shown that they are more than willing to divert funds from the classroom to the safety of our children Ronald Kelley 2295 Angelina Beaumont TX Commented on the issue of the crossing guards, in the spirit of cooperation and collaboration that the City continue the legacy that has been established with the school district for the safety of the kids, there are plenty of kids that are at the bus stop waiting for the school bus and they need all the eyes and ears that are out there, please keep the cooperation and collaboration going for the safety of our children, stated that it's not about who has the most money Jimmy Herrington 101 Burkshire Beaumont TX Stated that the crossing guards should be the complete responsibility of the City,when we have business such as Exxonmobile, Kroger or any business, when you leave that business it is up to the Beaumont Police Department to protect and serve, I think the same is for the City when the children leave the school it is the City's responsibility when they are on the public streets, these crossing guards should be paid for by the City, even though some of the City Councilmembers don't seem to be friendly towards the school board and even some of the school trustees are not friendly toward their own school board,feels that the school board is doing a great job, they're taking care of the children while they are in school and it is the responsibility of the City to take care of the children when they leave school Minutes—July 24,2012 Lynne DeCordova 870 Nantucket Beaumont TX Stated that it is hard for her to believe that the City Council would even entertain paying bills for BISD, I have seen maybe two or three of you at the BISD school board meeting, encouraged each of Council to come to the meeting and see some of the powerpoint presentations regarding the great financial shape BISD is in, $44 million in reserve and $150,000 royalty check from an oil well out by Amelia, understands it's a good well and the school district will be getting a lot of royalty from that well, commented on other frivolous spending that could have paid for the crossing guards,where are the priorities are they for the children their education and safety, the frivolous spending should stop and maybe BISD can pay for the crossing guard program, encourage all of Council to do the right thing and not fund this program let, BISD fund it as they should David DeCordova, Jr. 1633 Lindbergh Dr. Beaumont TX Stated that several BISD administrators recently informed the city that BISD could not afford to fully fund the crossing guard program and consequently there would be no program unless City tax payers foot half the bill, whether City tax payers foot the bill for BISD is not a school children safety issue at all, rather it's an issue if City funds should be diverted for needed City projects such as sidewalks close to schools, close to intersections, to another local taxing entity based on its unsubstantiated claim of need, asked if the City has requested to review BISD's recent finances or budget, knows that when the City parcels out grant money to local organizations they require an elaborate documentation showing the need, why not here, the reason that the issue is not about child safety is the simple reason that BISD could readily pay for the safety program if they want to protect the children under its charge, the public now knows that BISD is receiving substantial oil and gas royalty checks, asked if BISD informed the City Manager of this check, stated it would take 60% of this check to fund the program, if BISD is truly concerned about child safety then why not use the BISD tax money for the crossing guard program then poor mouthing the City for City tax payer money, the City tax payer money should not be used for a school district program Tom Neild 1495 W. Lucas Beaumont TX Spoke regarding the crossing guard program, stated that since 1985 the City has been gracious to partner with BISD on this program, this program has benefited safety for thousands of students and parents, thanked Council and City Manager in helping with other building programs, permitting and tap fees and repaving of the roads in front of Sally Curtis School, stated that the City has a budget situation and the need for the cost of repairs throughout the city is enormous, stated that the school district is in good financial standing and is financially healthy, requesting that the City deny funding and see what will happen next year, the program needs to go on and it will Vernon Durden 2110 Westbury Rd. Beaumont TX Stated that this is not Beaumont Independent School District this is Beaumont, Texas, there is a beautiful bicycle lane on Calder no one stated not to do that, asked what is the price of one kid getting killed when crossing the street and getting an education that we all Minutes—July 24,2012 say that our kids need, we are putting up stop lights every day for a car to pass, and we want to kill a crossing guard program, we should be trying to make it safe for our children and not worrying about finances Julian Lightfoot 2050 88 Circle Beaumont TX Commented on the crossing guard program as well as the financial condition of BISD and the royalty check that the school district has received, wonders if the School District is trying to hold the City of Beaumont hostage or are they trying to shift the burden on the City, asked Councilmembers to put this issue on the back burner and take a closer look at what this will do to the tax payers Vivian S. Johnson 6210 Sienna Trail# 127 Beaumont TX Stated that she was a crossing guard for 14 years and because BISD employed BISD policeman the City of Beaumont got offended, feels that the City of Beaumont policemen should be back on the street and the BISD policeman should be on the campuses, this is the reason she retired because a car almost hit her as she was helping kids cross the street from school, if there were police officers present that may not have happened,stated that the citizens don't pay any attention to the crossing the guards but the children need the crossing guards, the police officers of Beaumont need to be back on the street Roy West Jr. 3875 Kenwood Beaumont, TX Spoke regarding the crossing guards, stated that everyone that spoke today is concerned about the children and crossing guards and the issue of finances, thanked Tom Neild and Mike Neal who care about the children, as they stated BISD has funds to fund the crossing guard program and agrees with them that City funds should not be used for the program CONSENT AGENDA Approval of minutes - July 17, 2012 Confirmation of committee appointments - None A) Approve a resolution authorizing the settlement of the claim of Chuck Brocato — Resoiution 12 - 155 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes—July 24,2012 GENERAL BUSINESS 1. Consider an ordinance approving a zone change from GC-MD (General Commercial- Multiple Family Dwelling) District with an HC (Historic Cultural-Landmark Preservation Overlay District) to GC-MD (General Commercial-Multiple Family Dwelling) District on property located on the south side of Liberty, approximately 258' east of 11 th Street. Kevin Herrington, representing Altus Healthcare Management, L.P., has applied for a zone change. Mr. Herrington states that as Altus' physician network has grown,the company now finds it necessary to construct a medical office building. Altus has plans to construct this medical office building on six lots that are zoned GC-MD. A commercial building currently exists on Lots 10-14. All of the lots, except for Lot 10, are located outside of the Oaks Historic District. Altus is requesting that Lot 10 be deleted from the Oaks Historic District so that it can develop the property for medical office purposes. On July 9, 2012, the Historic Landmark Commission recommended approval 8:0 of the zone change. At a Joint Public Hearing held July 16, 2012, the Planning Commission recommended approval 8:0 of a zone change from GC-MD (General Commercial-Multiple Family Dwelling) District with an HC (Historic Cultural-Landmark Preservation Overlay District)to GC-MD(General Commercial-Multiple Family Dwelling)District on property located on the south side of Liberty, approximately 258' east of 11"' Street. Mayor Pro Tern Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD/HC (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING/HISTORIC CULTURAL-LANDMARK PRESERVATION OVERLAY)DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF LIBERTY, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 039 2. Consider an ordinance approving a speck use permit to allow a drinking place in a GC- MD(General Commercial-Multiple Family Dwelling)District at 3684 College Street,Suite B. Minutes—July 24,2012 Roy Etie, representing Roy Bob's Food and Beverage Co., has applied for a specific use permit. Mr. Etie states that he would like to open a comedy club on the subject property. The club will sell alcoholic beverages. The comedy club, Laugh Out Loud,will operate between the hours of 4 p.m. and 2 a.m., Monday- Sunday. The club will have a full service bar and a stage and seating for comedy performances. On special occasions, live bands will be booked to play. Fifteen to twenty employees will work at the club. The club will have a seating capacity of 300. The subject property is the former location of the Gateway Theater. When the theater closed several years ago, the building was subdivided. In November, 2008, City Council approved a,specific use permit to allow a bar called The Ticket to operate. That bar has since closed. After that closure, the location was used as a teen club for a short while. For a drinking place to reoccupy the space, a new specific use permit must be granted by City Council. In his review of this specific use permit, the Fire Marshal states that all code related items must be inspected and approved prior to the issuance of a certificate of occupancy. At a Joint Public Hearing held July 16, 2012, the Planning Commission recommended approval 8:0 of a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 3684 College Street, Suite B, subject to the following condition: 1. All code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Approval of ordinance approval subject to the following condition: 2. All code related items must be inspected and approved prior to the issuance of a certificate of occupancy. Councilmember Smith made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 3684 COLLEGE STREET,SUITE B,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 040 3. Consider an ordinance approving the abandonment of a 50'x50' portion of Genoa Street and two 20'x50' sections of alley right-of-way in Blocks 5 & 6, G. Cuchia Subdivision. Minutes—July 24,2012 The City of Beaumont Public Works Department has applied for the abandonment. All three rights-of-way are unimproved and unused remnants that dead-end into private property. Currently, the City maintains the unused rights-of-way. The City wishes to abandon these unused rights-of-way and get them back on the tax rolls. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held July 16, 2012, the Planning Commission recommended approval 8:0 of the abandonment. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE VACATING AND ABANDONING A 501X50' PORTION OF GENOA STREET AND TWO (2) 201X50' SECTIONS OF ALLEY RIGHT-OF-WAY IN BLOCKS 5 AND 6,G.CUCHIA SUBDIVISION,BEAUMONT, JEFFERSON COUNTY,TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM COLEMAN,COUNCILMEMBERS GETZ, WRIGHT, PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 041 4. Consider an ordinance approving the setting of a Cost of Service Adjustment rate schedule by CenterPoint Energy which provides for an annual cost of service and rate base adjustment based on the Company's annual cost data. Administration recommended approval of an ordinance approving the setting of a Cost of Service Adjustment rate schedule by CenterPoint Energy which provides for an annual cost of service and rate base adjustment based upon the annual cost data of the Company. On May 1, 2012, CenterPoint Energy("CenterPoint")filed an application with the City of Beaumont to adjust rates pursuant to the Cost of Service Adjustment ("COSA") tariff with the City of Beaumont. The tariff allows CenterPoint to make an annual request for a rate adjustment based upon calendar year operating expenses, returns on investment, and Texas franchise taxes. This information is included in the Company's audited financial operating results contained in CenterPoint's annual report to the Railroad Commission of Texas. CenterPoint's filing for the calendar year 2011 operating results shows a cost increase of about $519,383 for the Beaumont-East Texas Division. Under the COSA formula, annual customer charge increases are limited to a five percent(5%)cap. The bottom line impact on customers bills resulting from this year's COSA filing,when allocated to the three general customer classes of(i) residential, (ii)small commercial and (iii)large volume, results in monthly rate increases Minutes—July 24,2012 to the customer charge component of the customer's bills as follows: Class Monthly Increase Residential $0.62 Small General $0.82 Service Large General $1.76 Service The Lawton Law Firm, which is retained as the City's utility consultant, has reviewed the CenterPoint request together with the filings available in the public domain, including Railroad Commission filings,gas infrastructure rate filings and other documents,to confirm the Company's calculations and cost/investment trends. Their analysis of CenterPoint's COSA filings indicates that CenterPoint's calculations are accurate and conform with the rate tariffs on file at the City. The recommendation is that the proposed COSA be approved. The reasonable expenses associated with rate cases are reimbursable by CenterPoint Energy as they have been in the past. Mayor Pro Tern Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, SETTING THE JUST AND REASONABLE RATES FOR THE COST OF SERVICE ADJUSTMENT CLAUSE ("COSA") TO BE CHARGED BY CENTERPOINT ENERGY ("CENTERPOINT") FOR GAS SERVICE FOR CUSTOMERS IN THE CITY OF BEAUMONT, TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE FOR THIS ORDINANCE. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 - 042 5. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until November 4, 2012. Administration recommended approval of an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until November 4, 2012. Minutes—July 24,2012 On July 2, 2012, CenterPoint Energy ("CenterPoint") filed its Statement of Intent to increase rates with the City of Beaumont and other cities in CenterPoint's Beaumont/East Texas Service Area. This request would increase rates an estimated$8.6 million annually. An average residential customer would expect a monthly increase of$4.47 as a result of the increase. If a timely determination is not made or the effective date is not suspended, the rate increase proposed by CenterPoint would go into effect by operation of law on August 6, 2012. The proposed ordinance authorizes the suspension of the effective date of the requested increase to November 4, 2012. This would allow for the City to review CenterPoint's request and make an informed recommendation to the City as to what the ultimate decision might be. We are also requesting, by this ordinance, authority to join with the other cities in the CenterPoint Beaumont/East Texas Service Area to retain legal counsel and rate consultants, participate in the gas service rate proceeding before the Railroad Commission and any courts, and to seek reimbursement for rate case expenses from CenterPoint. Once a more thorough review of CenterPoint Energy's rate increase request has been made, the Council will be provided with more information and a recommendation as to what further action is to be taken. All reasonable expenses associated with rate cases are reimbursable by the company. Councilmember Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSIONS OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE AUGUST 6, 2012, EFFECTIVE DATE PROPOSED BY CENTERPOINT IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED"STATEMENT OF INTENT TO INCREASE RATES FOR CENTERPOINT'S BEAUMONT/EAST TEXAS DIVISION," FILED ON JULY 2, 2012; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE RAILROAD 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 Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE,SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 12 — 043 6. Consider a resolution authorizing the award of a contract to Bruce's General Construction, Inc. for street, driveway, and sidewalk repairs needed after utility cuts were made by the Water Utilities Department. The Project includes the replacement of concrete pavement, driveways,or sidewalks at 76 locations throughout the city. Minutes—July 24,2012 On July 12, 2012 the City of Beaumont received four (4) bids for the Project. The low bid was submitted by Bruce's General Construction, Inc. in the amount of$349,360.00. Counciimember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRUCE'S GENERAL CONSTRUCTION, INC., OF BEAUMONT,TEXAS. Counciimember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12— 156 7. Consider a resolution authorizing the award of a contract to Bruce's General Construction, Inc. for walking trail and drainage improvements at Halbouty Park located at 5780 Gober Road. The project includes the construction of a new 0.46 mile reinforced concrete walking trail and park drainage improvements. On July 12, 2012 the City of Beaumont received eight(8) bids for the Project. The low bid was submitted by Bruce's General Construction, Inc. in the amount of$70,355.00. The list below identifies the total bids received for the Project. Mayor Pro Tern Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRUCE'S GENERAL CONSTRUCTION, INC.,OF BEAUMONT,TEXAS. Counciimember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM COLEMAN, COUNCILMEMBERS GETZ, WRIGHT, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 12 — 157 WORK SESSIONS * Review and discuss the partial funding of a School Crossing Guard Program for various schools within the Beaumont Independent School District Kyle Hayes, City Manager, discussed the school crossing guard program. City Manager Hayes stated that City Council held an offsite worksession to discuss various items, at that meeting there was consensus among Councilmembers for BISD to administer the school crossing guard program beginning in August of 2012 or at the start of the new school year. The unanswered question is whether the City Minutes—July 24,2012 Council would like to continue to fund 50% of the program, which has averaged $80,000 to $90,000. This has been the split over the last four years. The School District would like to know for their planning purpose and of course the City would like to know as well due to the budget being submitted to Council by August 15, 2012. Administration is looking for direction from Council as to what they would like to do so that the cost can or cannot be included in the budget * Review and discuss the possibility of a local preference provision in the city's purchasing policies Laura Clark, Chief Financial Officer, discussed the possibility of a local preference provision in the City's purchasing policy. Ms. Clark stated that the Local Government Code, Section 271.905(a)and 271.9051 allows the City to consider a vendor's principal place of business in awarding certain contracts by way of competitive bids. This consideration is in effort to promote economic development opportunities through the contract by employing local residents and increasing tax revenue. The definitions were given for local business and for principal place of business as well as the local bidder consideration claim form. The claim form must be completed and included with the bid response on which the business certifies the location of the business activities,their number of current employees and number of residents employed and annual taxable sales, whether current on property and sales taxes, and the economic development benefits resulting from the award of the contract. * Review and discuss a transfer to the Henry Homberg Golf Course fund Laura Clark, Chief Financial Officer, discussed a transfer to the Henry Homberg Golf Course Fund. Ms. Clark discussed the FY 2012 budget and the projection for 2012 for the Henry Homberg golf course as well as revenues which include charges for service. The total revenues and expenditures which include wages, benefits, operating supplies, repairs and maintenance, utilities, contract services and capital expenditures totaling $437,000 which is in the FY 2012 budget. The projected overall total for FY 2012 is$468,500. There is a variance of$6,100 and a projected variance of ($131,400). The beginning fund balance in the FY 2012 budget is $7,201.00, the projected FY 2012 beginning fund balance is ($20,352.00), with a ending fund balance of$13,301.00 in the FY 2012 budget, the projected FY 2012 shows ($151,752.00). A transfer from the general fund in the amount of$200,000 would need to happen in order to operate the golf course for FY 2012. * Review and discuss a request from MGroup Holdings, Inc. for a grant in the amount of$88,000 from the 2011 Home Program related to Briarbend, a Low Income Housing Tax Credit (LIHTC) project located within the 6500 block of Sienna Trails Drive Chris Boone, Community Development Director discussed a request from MGroup Holding, Inc. for a grant in the amount of $88,000 from the 2011 Home Program related to Briarbend, which is a low Income Housing Tax Credit project located within the 6500 block of Sienna Trails Dr. Mr. Boone, stated that currently in the 2011 home fund entitlement there's a balance of$501,182.00,currently there's one other request for the home funds in the amount of $160,000.00, which is Helbig CDC, that request should be coming to Council within the next few weeks. The awarding of this grant of $88,000.00 would leave a balance in the line item of Minutes—July 24,2012 $253,182.00. The home program is a formula based grant program that the City receives every year,the purpose of which is to provide for the acquisition, purchase and rehabilitation for moderate to low income families. The project in question is a proposed forty unit single family affordable unit project. At the end of the fifteen year affordability period the plan by the developer is to sell the homes to first time home buyers. The provision of these home funds would allow the developers to receive an extra score in the Low Income House Tax Credit (LIHTC) program. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- THANKED THE CLASSMATES,THAT PARTICIPATED IN THE BEAUMONT CLASS OF 1987 REUNION, ALSO ANNOUNCED THAT ON SATURDAY, AUGUST 28, 2012, OUR MOTHER OF MERCY WILL BE CELEBRATING THEIR 75TM ANNIVERSARY, GAVE SPECIAL PRAYERS TO THOSE FAMILIES IN COLORADO FOR THE INCIDENT THAT TOOK PLACE AT THE MOVIE THEATRE COUNCILMEMBER SAMUEL- HAD A WONDERFUL WEEKEND CELEBRATING THE REUNION OF THE 1972 CLASS OF CHARLTON POLLARD,IT'S ANOTHER GREAT WEEKEND IN BEAUMONT COUNCILMEMBER PATE- STATED THAT BEAUMONT IS A GREAT PLACE TO LIVE AND TO RETURN,GLAD THAT BOTH COUNCILMEMBERS SAMUEL AND SMITH BROUGHT THE CLASSES TOGETHER FOR REUNIONS, THANKED ALL OF THE CITIZENS THAT CAME OUT TO THE MEETING,ENCOURAGED ANY CITIZEN THAT'S NOT A PART OF AN ASSOCIATION TO PLEASE JOIN ONE IF THERE'S ONE IN THEIR NEIGHBORHOOD, STATED THAT EVERYONE ON COUNCIL REPRESENTS THE CITIZENS, ASKED THAT ALL OF COUNCIL BE PUT ON THE PRAYER LIST AND THEY ALL NEED A LITTLE DIVINE GUIDANCE COUNCILMEMBER WRIGHT- ATTENDED THE VFW INSTALLATION, THE DORIE MILLER BRANCH, INFORMED THE MAYOR THAT THEY HAD NOTHING BUT GOOD THINGS TO SAY ABOUT HER,THEY APPRECIATED HER LETTER OF CONGRATULATIONS AND HOW SHE ALWAYS SUPPORTS THE VETERANS, STATED THAT THE NEW COMMANDER,RAYMOND EVANS AND THE PAST COMMANDER COACH SIMPSON WANTED COUNCILMEMBER WRIGHT TO BE SURE AND RELAY THEIR WORDS OF THANKS TO THE MAYOR COUNCILMEMBER GETZ- GAVE THANKS FOR LIVING IN A COUNTRY WHERE YOU CAN EXPRESS YOUR OPINIONS, WHERE DEMOCRACY IS A TENET OF OUR BELIEFS,WE ARE ABLE TO COME TOGETHER,SOME- TIMES WE AGREE AND SOMETIMES WE DISAGREE, HOPEFULLY WE CAN DISAGREE WITHOUT BEING DISAGREEABLE, IT IS GREAT TO LIVE IN A COUNTRY WHERE YOU CAN EXPRESS YOUR VIEW POINTS AND HAVE YOUR OPINIONS HEARD Minutes—July 24,2012 MAYOR PRO TEM COLEMAN - STATED THAT THE COLEMAN FAMILY IS GROWING AGAIN,HIS YOUNGEST SON JOHN ASKED HIS GIRLFRIEND KELLY TO MARRY HIM THIS WEEKEND IN COLORADO,HE AND HIS WIFE JULIE GOT TO DRIVE UP AND CELEBRATE WITH THEM, CONGRATULATED HIS SON JOHN AND HIS FUTURE DAUGHTER KELLY, ALSO WISHED COUNCILMEMBER GETZ A HAPPY BIRTHDAY ONE DAY EARLY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES- NONE Public Comments (Persons are limited to three minutes) Terry Hickey 3030 French Rd. #208 Beaumont TX Thanked Parks and Transportation for providing sidewalks on Lucas, stated the guys that were working are doing a great job and she stopped to tell them that, commented on the crossing guards and the fact that BISD has the ability to pay for the program and they should Jonathan Cassidy 1469 IH 10 Beaumont TX Spoke regarding some electrical work being done at his home, stated that the inspector sent someone to his house with a stop work order, he was accused of replacing a breaker panel, adding a back porch and some plumbing work that required a state license, stated that he lost over a$1,000.00 worth of productivity because of the stop work order, visited with Danny Daniels in the Code Enforcement department to inform him that the stop work order was in error because the electrical work had been done by an electrician with all the proper permits, the back porch had previously existed, he was only replacing rotten wood, instead of Mr. Daniels apologizing to him for his inconvenience, he tried to justify the stop work order by covering up his mistake by making him pay for permits that weren't required, when trying to launch a complaint, Mr. Daniels used the full force of his office and reported him to the Texas Department of Licensing and Regulations, he shut down a yard sale that he was having at his house without giving him a three day notice, he also required that the house be rewired and bought up to commercial code, when he originally moved to the 1469 1 10 address he asked if permits were needed and he was told by building codes that permits weren't needed There being no Executive Session, Council adjourned at 3:39 p.m. AtqdJo available up n request in the City Clerk's Office. k Y , ay or a or ma Broussar , City Clerk inutes—July 24,2012