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Home My WebLink AboutMIN SEP 17 2013 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 Michael D. Getz,Ward 11 Audwin Samuel,Ward III September 17, 2013 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 17, 2013, 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 "Big" Jim Selles of West End Baptist Church gave the invocation. Vietnam Veterans 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, Getz, Pate and Smith. Councilmember Samuel arrived at 2:28 p.m. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Constitution Week" - September 17 - 23, 2013 - Proclamation read by Mayor Pro Tern Wright, accepted by Carolyn Modica with Colonel George Moffitt, Daughters of the American Revolution Presentation by State Representative Joe Deshotell District 22 — State of Texas recognized the City of Beaumont and Vietnam Veterans America Chapter 292 for the "Welcome Home Brother" weekend in September, 2012 to raise money for the Texas Capital Vietnam Veterans Monument Presentation for the Texas Vietnam Heroes Dog Tag Exhibit-Presented by Robin Troy and members of the Texas Vietnam Heroes Dog Tag committee Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. Jude Paredez 10820 Gage Rd. Beaumont TX Spoke on Item#3 on the Agenda-, regarding an increase of the property tax rate, stated he didn't think that the City should raise taxes on the citizens, doesn't agree with the decision Minutes—September 17,2013 CONSENT AGENDA Approval of minutes - September 10, 2013 Confirmation of committee appointments — None A) Approve a resolution approving the award of an annual contract to Tyler Uniform, Inc. for the purchase of work uniforms used in various City departments — Tabled B) Approve a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "STEP-Comprehensive" related to a traffic safety grant — Resolution 13 — 193 C) Approve a resolution authorizing the City Manager to execute all documents necessary for the Beaumont Public Health Department Vital Statistics Division to continue to purchase services and/or goods from the Texas Department of State Health Services — Resolution 13 - 194 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance adopting the FY 2014 Budget by a record vote. 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." Senate Bill 656, effective for all budgets after September 1, 2013, "requires the city council's vote to adopt a budget to be a record vote." In addition the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the effective tax rate, the effective maintenance and operations rate, the rollback tax rate, and the debt rate, along with the amount of city debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. Minutes—September 1 7,2613 The FY 2014 Budget was submitted to Council on August 13, 2013, and reviewed during a work session on August 27, 2013. A public hearing was held on August 27, 2013, which met the requirements of the Charter and state law. Approval of ordinance. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH NAYS: NONE Record Vote: Mayor Ames —Yes Mayor Pro Tern Wright—Yes Councilmember Coleman —Yes Councilmember Getz—Yes Councilmember Pate — Yes Councilmember Samuel - Absent Councilmember Smith —Yes MOTION PASSED Ordinance 13 — 054 2. Consider a resolution adopting the 2014 Capital Program. 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." The Capital Program was originally submitted to Council on May 10, 2013. It was revised and submitted to Council on August 13, 2013, and reviewed during a work session on August 27, 2013. A public hearing was also held on August 27, 2013. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE FY 2014 CAPITAL PROGRAM IS HEREBY ADOPTED. A PUBLIC HEARING WAS HELD AUGUST 27, 2013. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE AND SMITH Minutes—September 17 2013 NAYS: NONE MOTION PASSED Resolution 13 — 195 Councilmember Samuel arrived at 2:28 p.m. 3. Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax year 2013 (FY 2014). The Jefferson County Appraisal District submitted the Certified Tax Roll on July 26, 2013, in the amount of $6,824,647,428. Based on this taxable value, a property tax rate of $0.69/$100 valuation for the tax year 2013 (FY 2014) is proposed. The tax rate would be apportioned $0.47/$100 assessed valuation to the General Fund and $0.22/$100 assessed valuation to the Debt Service Fund. Approval of ordinance. Councilmember Coleman moved that THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0.690000 CENTS, WHICH IS EFFECTIVELY A 7.07 PERCENT INCREASE IN THE TAX RATE. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE Record Vote: Mayor Ames — Yes Mayor Pro Tern Wright—Yes Councilmember Coleman —Yes Councilmember Getz — Yes Councilmember Pate —Yes Councilmember Samuel - Yes Councilmember Smith —Yes MOTION PASSED Ordinance 13 - 055 4. Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2014 Budget. Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt Minutes—September 17,2013 the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." Approval of ordinance. Mayor Pro Tern Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2014 BUDGET. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 13 - 056 5. Consider a resolution approving the award of a bid to Bruce's General Construction for improvements to Klein Park. Bids were solicited for furnishing all labor, materials, equipment and supplies for the reconstruction of the walking trail and installation of other improvements at Klein Park located at 6530 N. Major Drive. The existing asphalt walking trail extends approximately .67 miles around the western half of the park and has deteriorated due to soil conditions and exposure to the weather since the 1980's. The proposed improvements include replacing the asphalt with a seven-foot (T) wide reinforced concrete walking trail. Other proposed improvements to the park are designed to provide greater access including three (3) new ADA-compliant concrete parking spaces added to the parking lot off of Major Drive, a new concrete trail leading to the northeast parking lot off Griffing Road, and modified bridge approaches to provide wheelchair access across the pedestrian bridges in the park. The Texas Parks and Wildlife Recreational Trails Grant program has awarded the City a grant in the amount of$75,000 for this project. Funds are available for the balance in the Capital Reserve Fund. Approval of Resolution. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRUCE'S GENERAL CONSTRUCTION, OF BEAUMONT, TEXAS,IN THE AMOUNT OF$171,360 FOR THE FURNISHING OF ALL LABOR,MATERIALS,EQUIPMENT AND SUPPLIES FOR THE RECONSTRUCTION OF THE WALKING TRAIL AND INSTALLATION OF OTHER SPECIFIED IMPROVEMENTS TO KLEIN PARK. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Minutes-September 17,2013 Resolution 13 - 196 6. Consider a resolution approving the award of a bid to Gary Whitman Materials, Inc. for site clearing and grading at the Beaumont Municipal Tennis Complex. Qualifications are being requested for a design build contractor to design and construct four covered tennis courts and four open courts. Some of the proposed courts will be constructed in a wooded area that is adjacent to the existing courts. This area must be cleared of trees and brush and graded for proper drainage prior to the construction of the courts. Gary Whitman Materials will be conducting all work with their own forces, therefore, there will be no MBE/HUB participation on this project. Capital Program. Approval of Resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GARY WHITMAN MATERIALS, INC., OF SOUR LAKE, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, GETZ, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 13 — 197 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - SYMPATHY AND PRAYERS GO OUT TO THE SURVIVORS OF THOSE THAT WERE KILLED OR INJURED IN THE NAVY YARD SHOOTING, CONGRATULATED THE BEAUMONT POLICE DEPARTMENT ON THE 5K RUN,AS WELL AS A GREAT JOB ON THE COPS FOR KIDS CARNIVAL,ALSO ANNOUNCED THE GIFT OF LIFE 5K RUN ON OCTOBER 5, 2013 COUNCILMEMBER GETZ- CONGRATULATED THE BEAUMONT POLICE DEPARTMENT ON A WONDERFUL COPS AND KIDS CARNIVAL,ANNOUNCED THE FAIRFIELD HOMEOWNERS ASSOCIATION WILL BE MEETING ON SEPTEMBER 17, 2013 AT 6:00 P.M., AT HAL'S COMMUNITY ROOM, THE DOWLENIWEST NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON SEPTEMBER 17, 2013, AT 7:00 P.M., AT ROGERS PARK COMMUNITY CENTER, THERE WILL BE PROGRAM ON SEPTEMBER 13, 2013, AT 6:30 P.M.AT THE JEFFERSON COUNTY COURT HOUSE JURY IMPANELING ROOM,GEORGE SCOTT WILL BE THE SPEAKER, Minutes—September 17,2013 HE WILL BE INFORMING CITIZENS ON WHAT THEY CAN EXPECT TO SEE FROM GRADUATES THAT HAVE GRADUATED FROM BISD AS THEY ENTER THEIR FIRST YEAR OF COLLEGE AND WHAT KIND OF PERFORMANCE YOU CAN EXPECT TO SEE FROM THEM MAYOR PRO TEM WRIGHT - THANKED THE MAYOR AND BARBARA OTTO FOR THE "BRINGING HOME BROTHER"PROJECT THAT THEY WORKED SO HARD ON, CONGRATULATED THE DAUGHTERS OF THE AMERICAN REVOLUTION, GLAD TO SEE FIRST FINANCIAL BANK COMING TO BEAUMONT COUNCILMEMBER PATE - COMMENTED ON FIRST FINANCIAL BANK COMING TO BEAUMONT, MENTIONED THE SYMPHONY OF SOUTH EAST TEXAS, THANKED THE VIETNAM VETERANS FOR ALL THAT THEY DO EVERY SINGLE DAY, COMPLIMENTED CHIEF SINGLETARY AND HIS STAFF FOR THE COPS AND KIDS CARNIVAL OVER THE WEEKEND, ANNOUNCED LAMAR UNIVERSITY'S FOOTBALL GAME ON FRIDAY NIGHT ENCOURAGED EVERYONE TO ATTEND COUNCILMEMBER SAMUEL- COMMENTED ON THE 5K RUN THAT HE ENTERED, STATED THAT THE COPS AND KIDS CARNIVAL WAS A FANTASTIC EVENT COUNCILMEMBER SMITH - WISHED HIS FATHER-IN-LAW AND WIFE MELANIE A HAPPY BIRTHDAY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) None There being no Executive Session, Council adjourned at 2:43 p.m. io available pon request in the City Clerk's Office. 7 -r' /, l" Be ky A Mayor t •�• Tina Broussard, City Clerk � lo'f't �` "'Mindfes—September 17 2013