HomeMy WebLinkAboutMIN AUG 11 2015M1 N U T E S- CITY OF BEAUMONT
W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, At -Large
Claude F. Guidroz, Ward I CITY COUNCIL MEETING Michael D. Getz, Mayor Pro Tem
Audwin Samuel, Ward III August 11, 2015 Robin Mouton, 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 August 11, 2015, at
the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe
following:
41 ► ►r
Invocation Pledge of Allegiance Roll Call
;* Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Harmon Dent of Temple of Praise Church of God in Christ Church gave the invocation.
Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Getz, Councilmembers Wright, Pate,
Samuel and Mouton. Absent: Councilmember Guidroz. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk.
Councilmember Guidroz was absent due to death in his family.
Proclamations, Presentations, Recognitions
"A Tasting of Some Other Place" - August 18, 2015 - Proclamation read by
Councilmember Samuel; accepted by Paula O'Neal, Susan Lagnion, Iris Nathan and
others
"Gift of Life Program Day" — August 11, 2015 — Proclamation ready by Mayor Ames;
accepted by Regina Rogers, Norma Sampson and others
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda.
Jude Paredez 10620 Gage Rd. Beaumont TX
Spoke to Council regarding Item #1 on the Agenda; the proposed FY 2016 Budget and
scheduling a public hearing
Minutes—August 11, 2015
CONSENT AGENDA
Approval of minutes — August 4, 2015
Confirmation of committee appointments — Resolution 15 —161
Joseph Brown would be appointed to the Parks and Recreation Advisory Committee. The term
would commence August 11, 2015 and expire August 10, 2017. (Councilmember Robin Mouton)
Joris P. Colbert would be appointed to the Planning and Zoning Commission. The term would
commence August 11, 2015 and expire August 10, 2018. (Councilmember Robin Mouton)
Ava Graves would be appointed to the Planning and Zoning Commission. The term would
commence August 11, 2015 and expire August 10, 2018. (Councilmember Gethrel Williams -
Wright)
Paula Blazek would be reappointed to the Historic Landmark Commission. The current term
would expire July 23, 2017. (Councilmember W. L. Pate, Jr.)
A) Authorize the City Attorney to bring suit against Gustavia Joseph a/k/a Gustavia Joseph
Turner, Terry L. Brooks, and Charlotta T. Broussard to compel them to comply with the
City's Health and Safety Codes — Resolution 15 - 162
B) Authorize the City Attorney to bring suit against Joe Marcus. Mejia to compel him to comply
with the City's Health and Safety Codes — Resolution 15 -163
C) ,, Authorize. the City Manager to execute an agreement with Lamar University for the
placement of fiber optic cable in public right-of-way — Resolution 15 - 164
D) Authorize the City Manager to enter into a contract with Triangle Aids Network for the
Continuum of Care (CoC) Grant from the Department of Housing and Urban Development
— Resolution 15 - 165
Councilmember Getz moved to approve the Consent Agenda. Councilmember Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
1.. Consider a resolution receiving the proposed FY 2016 Budget and scheduling a public
hearing.
Minutes—August 11, 2015
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to
the Council at least 45 days prior to the beginning of the new fiscal year. In addition,
Section 4 requires Council to schedule a public hearing on the proposed budget.
The Administration recommends that a public hearing be held on August 25, 2015, at
1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the
notice of the public hearing.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2016 BUDGET
HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 25, 2015 AT
1:30 PM IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS; AND
THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO THE CHARTER OF THE
CITY OF BEAUMONT. Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 15 - 166
2. Consider a resolution receiving the proposed 2016 Capital Program and scheduling a
public.
The proposed 2016 Capital Program was originally submitted to Council on May 15,
2015. Article VI, Section 20 of the City Charter requires Council to schedule a public
hearing on the proposed Capital Program.
The Administration recommends that a public hearing be held on August 25, 2015, at
1:30 p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the
notice of the public hearing.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2016 CAPITAL
PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 25,
2015 AT 1:30 PM IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT,
TEXAS; AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO
THE CHARTER OF THE CITY OF BEAUMONT. Courlcilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 15 - 162
Minutes — August 11, 2015
3. Consider an ordinance amending the FY 2015 Budget.
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been. made in the
budget ordinance adopting the budget, and there is an available unencumbered balance
of the appropriation sufficient to pay the liability to be incurred. Approving the proposed
amendments will ensure that expenditures are within the approved budget.
The details of the amendments are as follows:
Three transfers are proposed from the General Fund. Transfers include $1,170,000 to the
Employee Benefits Fund, $250,000 to the Henry Homberg Golf Course Fund and
$600,000 to the Municipal Transit Fund. Transfers are required to shore up respective
fund balances for the next fiscal year. Please note that the beginning fund balance for FY
2015 was $1.7 million more than was originally projected in the FY 2015 Budget. In
addition, including this proposed transfer of $2,020,000 to various funds, FY 2015's
financial position is expected to be better than budget by $1.5 million.
General
Original Budget
Proposed Amendment
Amended Budget
Fund
$ 20,854,700
$ 1,600,000
$ 22,454,700
Total
$ 115,835,300
$ 2,020,000
$ 117,855,300
Expendit
u res
The City's health plans are self-insured which means the City and employee
contributions pay the medical claims incurred on the plan up 'to $175,000 when a stop
loss: insurance policy begins covering the claims. For pharmacy, the City pays the
claims from City funds and employee contributions. These costs are accounted for in the
Employee Benefits Fund. The budget for this fund is set based on claim trends and the
projected cost of healthcare in the next fiscal year. The Employee Benefits Fund has
experienced approximately, $1,600,000 .more in medical claims, prescription drug
costs, and fees related to the Affordable Care Act than was expected in the FY 2015
Budget due to several large medical claims, increased utilization of the prescription
drug plan, and rising costs related to specialty drugs. As a result, additional funds are
needed in order to pay for the current year expenditures and to stabilize the fund for the
next fiscal year. A transfer of $1,170,000 from the General Fund to the Employee
Benefits Fund is being proposed.
Employee Benefits
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$ 20,854,700
$ 1,600,000
$ 22,454,700
Minutes—August 11, 2015
Total Revenues $ 20,231,300 $ 1,170,000 $ 21,401,300.
The Henry Homberg Golf Course Fund is expected to fall short of budgeted revenues by
over $130,000 in FY 2015 due to an extremely wet winter and spring season. The
budget for FY 2016 continues to have expenditures in excess of revenues, thus a
-transfer from the General Fund is proposed in FY 2015 to increase the fund balance in
preparation of the next fiscal year.
Henry Homberg Golf
Course Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$ 613,400
$ 250,000
$ 863,400
Total Revenues
$ 16,287,400
$ 47,264,200
$ 63,551,600
The Municipal Transit Fund continues to experience operational costs in excess of
operational and intergovernmental revenues. A transfer from the General Fund is
proposed in FY 2015 to increase the fund balance in preparation of the next fiscal year.
Municipal Transit
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$ 7,413,600
$ 600,000
$ 8,013,600
Total Revenues
$ 16,287,400
$ 47,264,200
$ 63,551,600
In July 2015, the City issued 2015 General Obligation Refunding Bonds. The refunding
was not appropriated in the FY 2015 Budget because the timeline and amount were not
know at the time the budget was prepared. As seen in the table below, revenues are
less than expenditures in the original budget for FY 2015 as well as the amended
budget, but there is sufficient fund balance to pay the difference.
Debt Service Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$ 16,757,700
$ 47,300,000
$ 64,057,700
Total Revenues
$ 16,287,400
$ 47,264,200
$ 63,551,600
Approval of ordinance.
Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE
FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2015 TO APPROPRIATE
ADDITIONAL EXPENDITURES IN THE GENERAL FUND; TO APPROPRIATE ADDITIONAL EXPENDITURES
AND REVENUES IN THE EMPLOYEE BENEFITS FUND AND DEBT SERVICE FUND; AND TO APPROPRIATE
ADDITIONAL REVENUE TO THE HENRY HOMBERG GOLF COURSE FUND AND MUNICIPAL TRANSIT
Minutes —August 11, 2015
FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Wright
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 15 — 027
4. Consider a resolution approving the award of a six month contract to LD Construction, Inc.,
as primary and APAC-Texas, Inc., as secondary vendor, to supply asphaltic concrete for
use in City road repair and construction.
Bids were requested from three (3) local vendors to provide a'six (6) month contract for
asphaltic concrete to be used by the Streets and Drainage Division. Cold laid asphaltic
concrete is used for repairs and repaving of larger street sections. It is estimated that
approximately 61,500 tons of hot laid asphaltic concrete and 1,000 tons of cold laid
asphaltic concrete will be used during the term of the contract.
Specifications requested unit pricing for both plant pickup by City personnel and job site
delivery by the vendor. Bid .responses were received from two (2) vendors. LD
Construction, Inc.,, of Beaumont submitted the low bid. Both bidders meet all product
requirements specified and have previously held the contract satisfactorily.
Primary and secondary vendors are recommended because paving work cannot be
suspended should a vendor not be available to provide the materials. Further, without a
secondary vendor and contracted rates, the City will be subject to market rates for
materials.
Total value of this contract is estimated to be approximately $3,765,500, based on the
pricing of the lowest bidder.
General Fund, Water Fund and Capital Program.
Approval of resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY LD
CONSTRUCTION, INC., OF BEAUMONT, TEXAS, AND APAC-TEXAS, INC., OF BEAUMONT, TEXAS, FORA
SIX (6) MONTH CONTRACT FOR THE PURCHASE OF ASPHALTIC CONCRETE FOR THE PUBLIC WORKS
DEPARTMENT, STREETS AND DRAINAGE DIVISION FOR CITY ROAD REPAIR AND BE ACCEPTED BY THE
CITY OF BEAUMONT AS PRIMARY AND SECONDARY CONTRACTS, RESPECTIVELY; AND THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH LD CONSTRUCTION,
INC., OF BEAUMONT, TEXAS, AND APAC-TEXAS, INC., OF BEAUMONT, TEXAS. Councilmember
Getz seconded the motion.
Minutes—August 11, 2015
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON'
NAYS: NONE
MOTION PASSED
Resolution 15 —168
5. Consider a resolution authorizing the City Manager to execute Amendment No. 2 to the
Interlocal Agreement.
On October 29, 2013, by Resolution No. 13-252, City Council approved the execution of
Amendment No. 1 to the Interlocal Agreement with Jefferson County Drainage District No.
6 (DD #6) for the Lucas SRL Relief Project.
Drainage District No. 6 (DD #6) has completed the work on the Lucas SRL Relief
Project in the north end of the City. The district installed box culverts on Abilene Avenue,
Lucas Street, Lufkin Avenue, EI Paso Avenue, Galveston Avenue, Wilson Street, Dallas
Avenue, Fillmore Street, Hayes Street, and Buffalo Avenue. The Water Utilities
Department, installed new water and sanitary sewer lines to accommodate the
installation of the boxes. Public Works resurfaced the afore -mentioned streets where the
boxes were installed and added Harding Avenue, Charles Street, Idylwood Avenue,
Laredo Avenue, and Wilshire Avenue due to damage from DD #6 equipment and truck
traffic entering and exiting the area.
Amendment No. 2 adjusts the estimated construction quantities as described in the
original agreement and Amendment No. 1 to reflect the actual quantities installed
during the course of construction. The City will invoice DD #6 for one hundred percent
(100%) and be reimbursed for ninety percent (90%) up to $1,701,350.76 for street
repairs and $178,470.31 for utility adjustments. The City will be responsible for the ten
percent (10%) local share match.
$208,869.01 match is available in the General Fund, Water Utilities Fund, and Street
Rehabilitation Program.
Approval of resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE EXECUTION OF AMENDMENT No. 2 TO THE JEFFERSON COUNTY DRAINAGE DISTRICT
NO. 6 (DD ##6) INTERLOCAL AGREEMENT FOR THE LUCAS SRL RELIEF PROJECT. Councilmember
Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM GETZ, COUNCILMEMBERS WRIGHT, PATE,
SAMUEL AND MOUTON
NAYS: NONE
Minutes—August 11, 2015
MOTION PASSED
Resolution 15 - 169
COUNCILMEMBER COMMENTS
MAYOR PRO TEM GETZ - ANNOUNCED A TOGA PARTY AT THE JEFFERSON THEATRE
ON FRIDAY, AUGUST 14, 2015, MOVIE NIGHT THE ANIMAL
HOUSE " WILL BE SHOWING, THE DOWLEN/WEST
NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON
TUESDAY, AUGUST 11, 2015, SOCIAL HOUR AT 6:OOP.M.,
THE BUSINESS MEETING WILL START AT 7:00 P.M., STATED
THEY WILL BE MOVING FORWARD WITH PLANS FOR THE CITY
WIDE OCTOBERFEST ON OCTOBER 17, 2015, EXPRESSED
CONDOLENCES TO COUNCILMEMBER GUIDROZ ON THE LOSS
OF HIS BROTHER — IN- LAW
COUNCILMEMBER WRIGHT - THANKED LAURA CLARK, CHIEF FINANCIAL OFFICER AND
HER STAFF FOR ALL THAT THEY DO, AS WELL AS THE JULIE
ROGERS GIFT OF LIFE PROGRAM FOR ALL THAT THEY DO
COUNCILMEMBER PATE - THANKED THE JULIE ROGERS GIFT OF LIFE AS WELL AS
SOME OTHER PLACE PROGRAM FOR ALL THAT THEY DO,
COMMENTED ON OCTOBERFEST THAT WILL BE TAKING PLACE
FOR THE FIRST TIME IN THE CITY AS WELL AS
DOGTOBERFEST, ALSO SPOKE REGARDING LAMAR
UNIVERSITY FOOTBALL OPENING SEASON
COUNCILMEMBER SAMUEL - ASKED THAT COUNCIL SUPPORT A WORKSHOP TO LOOK AT
WHERE THE CITY IS AS IT RELATES TO THE WATER
DEPARTMENT, HAS RECEIVED A NUMBER OF CALLS
REGARDING LEAKS THAT HAVE OCCURRING AND THE
RESPONSE TIME TO THOSE LEAKS, WOULD LIKE TO SEE
WHERE THE CITY IS ON THE AMOUNT OF LEAKS AND HOW
LONG THEY ARE LINGERING PRIOR TO ATTENTION, WOULD
LIKE TO GET A COMPARATIVE ANALYSIS AS TO WHERE THE
CITY WAS LAST YEAR THIS TIME, WHERE THE CITY IS NOW
AND HOW THE CITY PROPOSES TO DEAL WITH THE ONGOING
PROBLEMS WITH LEAKS THIS SEASON
COUNCILMEMBER MOUTON - GAVE A SPECIAL THANK YOU TO THE JULIE ROGERS GIFT OF
LIFE PROGRAM FOR ALL THAT THEY DO, ANNOUNCED THAT
THE 100 BLACK WOMEN WILL BE SPONSORING A BACK TO
SCHOOL SUPPLY DRIVE AT OUR MOTHER MERCY CATHOLIC
CHURCH ON SATURDAY, AUGUST 15, 2015, GAVE
CONDOLENCES TO THE FAMILY OF BARBARA LYNN ON. THE
PASSING OF HER MOTHER
Minutes—August 11, 2015
COUNCILMEMBER GUIDROZ - ABSENT
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Public Comments (Persons are limited to three minutes)
Robert Tinkle 1350 Edson Beaumont TX
Spoke in regards to his property at 1161 Park Street which is a storage facility, stated that
the City gave him a work permit to enter into the work program, has made great progress
on cleaning the storage facility out, stated that the roof has collapsed and that brought
attention to the City, has to have a contractor to come in and do the repairs, stated that
there is no reason to demolish the property, stated that he will take care of getting all of the
work done
Rodney Denclau 3030 French Rd. #425 Beaumont TX
Addressed sidewalk issues, he has three missions, they are sidewalks, bus stops and
some of the public places being ADA compatible, stated that there's sidewalks along
Dowfen Road, as well as other parts of the City, Beaumont needs to be made a safer place
for everybody and knows that it will take a while
Denise Hinz 3030 French Rd. #225 Beaumont TX
Stated that they are fighting for three things, decent transportation for the disabled, decent
sidewalks and decent bus stops, stated that most of the times if there are no sidewalks she
has to get into the street and several times was almost hit by a car
Jude Paredez 10620 Gage Rd. Beaumont TX
We have not forgotten the death of Michael Brown or Stanley Leger, in Ferguson, Missouri,
a civilian review board has been established to help prevent such tragedies in the future,
stated that many citizens here in the City of Beaumont have requested a Civilian Review
Board, asked that the City Council would to establish .a review board as soon as possible
before citizens discussed at police misconduct reach a boiling, point, for the time being
cases of police misconduct are being referred to the'U.S. Justice Department, contact the
Beaumont Texas Tea Party at #beaumonttexastea
Landry Rountree 1565 S. Major Dr. Beaumont TX
Stated that he has an issue with the City, the Traffic Division, the Police Department and
Chief Singletary, stated that he still asking for a hearing for his company, stated that the
city has over done this, for the third time he is giving Mayor and Council a letter requesting
a new hearing
Minutes—August 11, 2015
Cheryl Guillory 5555 Ada St. Beaumont TX
Stated that she spoke to Council on last week in regards to group homes, stated that she
has met with all the powers that would be in Code Enforcement, stated that she is under
the impression that when a building is built that Building Code inspections are done at that
time, stated that she was told by Mr. Koch, if the City was doing inspections the apartment
complex would not pass because as a three bed group home, that she is required to have
hard wired emergency lighting in the hall way to meet with City Code, noticed that things
are becoming more and more difficult when serving people with disabilities, requested that
Council review the current ordinance that is in place
Open session of meeting recessed at 2:42 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
United States of America vs. City of Beaumont, Texas; Civil Action
No. 1:15CV201
Consider matters related to appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee in accordance with
Section 551.074 of the Government Code to wit:
Personnel Matters, specifically Tyrone Cooper
There being no action1aken in Executive Session, Council adjourned.
Iableippon req
Tina Broussard, City Clerk
in the City Clerk's Office.
Minutes—August 11, 2015