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Home My WebLink AboutMIN AUG 15 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III August 15, 2017 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 in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 15, 2017, 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 item No. 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Wade Floyd with Wesley United Methodist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Wright, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA * Approval of minutes —August 8, 2017 * Confirmation of committee appointments — None A) Approve a resolution authorizing the City Manager to execute and affiliation agreement with Lamar State College Orange — Resolution 17-166 B) Authorize the City Manager to enter into a contract with Habitat for Humanity of Jefferson County — Resolution 17-167 Minutes—AUGUST 15, 2017 C) Authorize the City Manager to pursue funding in the amount of $25,925.75 through the 2017 Helping Heroes Grant — Resolution 17-168 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a resolution receiving the proposed FY 2018 Budget and scheduling a public hearing. 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 29, 2017, 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 t0 APPROVE A RESOLUTION THAT THE PROPOSED FY 2018 BUDGET HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 29, 2017 AT 1:30 P.M. 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. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-169 2. Consider a resolution receiving the proposed 2018 Capital Program and scheduling a public hearing. The proposed 2018 Capital Program was originally submitted to Council on May 15, 2017. 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 29, 2017, at 1:30 p,m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice of the public hearing. Minutes — AUGUST 15, 2017 Councilmember Wright moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2018 CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 29, 2017 AT 1:30 P.M. 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 Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution/Ordinance 17-170 3. Consider establishing and taking a record vote on the proposed 2017 tax rate and schedule public hearings. Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate and requires the governing body to hold two public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective rate. Administration recommends Council establish a tax rate required to support the City Manager's proposed budget equal to the tax rate of $0.71/$100 of valuation. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of $.745016/$100 or the effective tax rate of $.677701/$100, the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The effective tax rate is the rate that would produce the same amount of taxes in FY 2018 as was produced in FY 2017 if it was applied to the same properties taxed in both years. The proposed tax rate of $0.710000/$100 exceeds the effective tax rate of $.677701/$100 by $.032299/$100 or 4.8%. If the motion passes, two public hearings must be scheduled. It is recommended that the public hearings be held on August 29, 2017 and September 12, 2017 at 1:30 p.m. in the Council Chambers. The Administration recommends that a public hearing be held on August 29, 2017, 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 DATES OF AUGUST 29, 2017 AND SEPTEMBER 12, 2017 BE AND THE SAME ARE HEREBY SET AS THE DATES AT WHICH THE CITY COUNCIL WILL CONDUCT PUBLIC HEARINGS ON THE PROPOSED TAX RATE. THE MEETINGS WILL BE HELD IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS AT 1:30 P.M. AUGUST 29, 2017 AND SEPTEMBER 12, 2017 AT WHICH TIMES THE COUNCIL WILL RECEIVE PUBLIC COMMENT ON PROPOSED TAX RATE OF $0.71 AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF PUBLIC HEARING PURSUANT TO V.T.C.A, TAX CODE §26.06. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND WRIGHT Minutes—AUGUST 15, 2017 NAYS: NONE MOTION PASSED RECORD VOTE Mayor Ames — Yes Mayor Pro Tern Wright — Yes Councilmember Jordan — Yes Councilmember Getz - Yes Resolution/Ordinance 17-171 Councilmember Pate - Yes Councilmember Samuel - Yes Councilmember Mouton - Yes 4. Consider amending Chapter 14, Section 14.06 of the Code of Ordinances related to the Library System. On August 8th, the City Council held a work session to review and discuss proposed changes to the City's Library ordinance. The following changes are being proposed: • Section 14.06.002 Fees for nonresident cards o Increase the maximum check out items for an individual card from five (5) to ten (10). o Increase the maximum check out items for a family card from ten (10) to fifteen (15). • Section 14.06.004 Late charges; processing fee o Remove Cassettes, Compact discs and audio books, and Framed prints from table. o Increase the daily late charge for Books from $0.10 to $0.15 and note this fee applies to all items other than DVDs. o Change Videotapes to DVDs and modify the daily late charge from $2.00 to $1.00 and modify the maximum late charge from $25.00 to Replacement cost. o Modify (b) to state that "loan periods may be renewed by staff as long as no holds are present on the item". • Section 14.06.005 Rental for use of meeting room o Change the minimum use from three (3) hours to one (1) hour. o Change the refundable deposit required if food is to be served from twenty-five dollars ($25.00) to seventy-five dollars ($75.00). Approval of ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.06, SECTIONS 14.06.001(1),14.06.002(2),14.06.004(A),14.06.004(B), AND 14.06.005 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO THE LIBRARY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE Minutes—AUGUST 15, 2017 MOTION PASSED Ordinance 17-053 5. Consider a resolution supporting Councilmember W.L. Pate's candidacy for President -Elect of TML. Councilmember W.L. Pate is a member of the Texas Municipal League (TML) and currently serves as the President for TML Region 16. Councilmember Pate wishes to continue his service to TML and has expressed an interest in serving as President -Elect of TML. Mr. Pate is asking for a resolution of support from the City Council for his candidacy. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT SUPPORTS COUNCILMEMBER W.L. PATE'S CANDIDACY FOR PRESIDENT-ELECT OF TML. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-172 PUBLIC HEARING Receive comments related to the mandatory payment rate for the Local Provider Participation Fund (LPPF) for FY 2017 Open Public Hearing: 1:53 p.m. None Close Public Hearing: 1:56 p.m. 6. Consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2017. On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution_ of indicate care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is required to set the amount of the mandatory payments required to be paid by the hospitals. The mandatory payment must be uniformly Minutes —AUGUST 15, 2017 proportionate with the amount of net patient revenue generated by each paying hospital in the municipality. The mandatory rate for the fiscal year ending 2017 will be 1.52%. Local Safety -Net Hospitals will make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. Approval of ordinance. Councilmember Jordan moved to APPROVE A RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE FISCAL YEAR 2017 FOR THE LOCAL PROVIDER PARTICIPATION FUND IN THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-173 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS Public Comments (Persons are limited to three minutes) Jose C. Perez 1035 Chamberlin Dr Beaumont TX Spoke to Council in regards to the violence and insecurity that exists in the City and in the Hispanic community in "the Avenues", stated that his primary reason for his presence was to stress that our voice needs to be heard, stated that this is a city with many problems and Latinos need to be a part of the solution, not just the victims. Mark McClellan 1270 Nottingham Ln. Beaumont TX Made comments to Council regarding a recent water bill issue that was corrected, but want to make Council aware of this issue not for his sake but the sake of those that might be elderly and on a fixed income Rodney Denclau 4105 Chaison St. Apt B Beaumont TX Spoke to Council in regards to the buses, stated that the City has purchased three new buses, would like to see if the City can put one new bus on each route, stated that the new buses are more wheel chair friendly than the old buses Icy Wade 4325 Crow #127 Beaumont TX Minutes—AUGUST 15, 2017 Stated that he has a concern, wants to know why the City is so in love with Rose City, all of the jobs and the Greyhound bus being moved to Rose City, also had concerns about the minorities not having more jobs in banks and other places, also stated that there are streets named after Barbara Lynn and Libraries named after Elmo Willard, Theodore Johns, there is one person that no one talks about and he should be the face of Beaumont, Willie Boy Bound, who was a celebrated hall of fame disc jockey Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - NONE COUNCILMEMBER GETZ - STATED THAT THIS PAST WEEKEND EVERYONE WATCHED IN HORROR AT THE EVENTS THAT TOOK PLACE IN CHARLOTTESVILLE, THE NEO NAZI, KKK, WHITE SUPREMACISTS' THAT WAS THERE TO ANNOUNCE MESSAGES OF HATE AND DIVISIVENESS, STATED THAT HE RECOGNIZES FIRST AMENDMENT RIGHTS BUT STRUGGLED WITH THEIR MESSAGE, HE DOESN'T WANT TO SEE ANYTHING LIKE THAT COME TO BEAUMONT, THE ANNOUNCED REASON THEY WERE THERE WAS TO PROTEST THE REMOVAL OF A STATUE OF A CONFEDERATE SOLDIER, STATED THAT BEAUMONT HAS A STATUE OF A CONFEDERATE SOLDIER IN ONE OF THE PARKS, THINKS THE CITY NEEDS TO ADDRESS PROACTIVELY WHAT WILL BE DONE WITH THIS STATUE THAT SITS AT WEISS PARK, THE CITY HAS THE OPPORTUNITY TO USE THE STATUE AS AN OPPORTUNITY TO EDUCATE THE INTOLERANCE THAT WE SHOULD ALL EXHIBIT TOWARDS RACISM AND THE HORRORS OF SLAVERY, SUGGESTED ADDING A PLAQUE TO EXPRESS OUR DISDAIN FOR SLAVERY AND RACISM THAT EXIST, WOULD ASK THAT ANY OTHER COUNCILMEMBER THAT WOULD LIKE TO JOIN IN WITH HIM TO COME UP WITH THE APPROPRIATE LANGUAGE TO PUT ON THE PLAQUE IS WELCOMED, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION WILL MEETING ON TUESDAY, AUGUST 22, 2017, AT 7:00 P.M., AT THE ROGERS PARK COMMUNITY CENTER, THEIR SPEAKER WILL BE MAYOR AMES COUNCILMEMBER WRIGHT - MADE COMMENTS IN REGARDS TO THE INCIDENT THAT OCCURRED IN CHARLOTTESVILLE, STATED THAT SHE DOES LIKE THE PROACTIVE STANCE THAT COUNCILMEMBER GETZ BROUGHT UP TO KEEP WHAT HAPPENED IN CHARLOTTESVILLE FROM HAPPENING IN OUR CITY, STATED THAT SHE HAS FOUGHT IN THIS CITY FOR YEARS ABOUT THE LUNCH COUNTERS, THE BUSES, THE INTEGRATION OF THE SCHOOLS, SHE WOULD BE MORE APPRECIATIVE IF EVERYONE WOULD LIVE WHAT THEY SAY, IF EVERYONE WERE TO COME TOGETHER AND BE OPENLY Minutes—AUGUST 15, 2017 HEARTFELT ABOUT THEIR ACTIONS IN OUR CITY, STOP THE DIVISION AND LIVE FROM DAY TO DAY COUNCILMEMBER PATE - COMMENTED ON THE INCIDENT THAT OCCURRED IN CHARLOTTESVILLE, STATED THAT HE AND COUNCILMEMBER SAMUEL HAD AN OPPORTUNITY TO TALK ABOUT COACH JOHN PAYTON, WHO WAS A MENTOR, A TEACHER AND A COACH TO A LOT OF KIDS, HE WAS THE FIRST BLACK COACH HIRED AT LAMAR IN 1970, HE WAS HONORED THIS WEEKEND AT HIS CHURCH AND COUNCILMEMBER SAMUEL READ THE PROCLAMATION, WE WERE ABLE TO SAY IT WHILE HE'S STILL WITH US AND NOT WHEN HE'S GONE, APPRECIATES THE SUPPORT OF THE COUNCIL ON THE RESOLUTION FOR TML, ANNOUNCED THE CHARLIE PRUITT REUNION SHOW THIS WEEKEND ON AUGUST 19, 2017, AS WELL AS EVERETT CHARLES WHICH WILL BE WEEKEND AFTER NEXTATTHE JULIE ROGERS THEATRE, ALSO THE SOME OTHER PLACE TASTING WILL BE AT THE BEAUMONT CIVIC CENTER ON TODAY, AUGUST 15, 2017, STARTING TIME WILL BE AT 6:00 P.M., FEE IS $10.00 COUNCILMEMBER SAMUEL - STATED THAT IT WAS A GREAT EVENT TO PRESENT A PROCLAMATION TO COACH JOHN PAYTON, WHO HAS BEEN A GREAT MENTOR FOR MANY KIDS THROUGHOUT BEAUMONT, HE WAS ALSO THE FIRST BLACK COACH TO BE HIRED AT LAMAR UNIVERSITY, THANKED MAYOR AMES FOR ALL THAT SHE DID i TO MAKE THE PRESENTATION A SUCCESS, STATED THAT HE RECEIVED A PHONE CALL INFORMING HIM THAT THERE WOULD BE A SPONTANEOUS PRAYER REVIVAL STARTING ON TODAY AUGUST 15, 2017, BY SEVERAL MINISTERS IN THE CITY THAT FELT IT WAS TIME TO CHANGE THE WARFARE, COMMENTED ON HOW HE IS TRYING TO APPROACH THE COUNCIL DIFFERENTLY AND THAT EVERYONE THAT SITS ON THE DIAS HAS THE SAME COMMON GOAL AND WHAT'S BEST FOR THE CITY OF BEAUMONT, MADE COMMENTS TO MR. PEREZ REGARDING HIS PUBLIC COMMENTS, ANNOUNCED A MEETING ON THURSDAY, AUGUST 17, 2017, 6:00 P.M., AT THE STERLING PRUITT CENTER TO DISCUSS THE LANES AND BICYCLE LANES ON MAGNOLIA ST. MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO THE FAMILY OF ELLA MAE FISHER, MADE COMMENTS ABOUT BEAUMONT AND STATED THAT IT HAS TOUCHED SO MANY AREAS OF THIS COUNTRY, WITH SPORTS, CULINARY, MUSIC AND ARTS, STATED THAT SHE IS PROUD OF BEAUMONT AND WHAT IT HAS TO OFFER CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Minutes —AUGUST 15, 2017 MAYOR AMES - COMMENTED ON COACH PAYTON'S EVENT THAT WAS HELD AT MAGNOLIA MISSIONARY BAPTIST CHURCH, ALSO COMMENTED ON PASTOR BENOIT BEING NAMED THE MODERATOR OF THE TRINITY VALLEY ORGANIZATION MISSIONARY BAPTIST CHURCHES, THIS ORGANIZATION HAS BEEN IN EXISTENCE FOR 143 YEARS, PASTOR BENOIT IS THE EIGHTH PERSON TO BE APPOINTED TO THE POSITION IN 143 YEARS, CONGRATULATED HIM ON HIS APPOINTMENT, THANKED COUNCIL FOR ALL OF THEIR WONDERFUL COMMENTS ON TODAY Open session of meeting recessed at 2:52 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: 1923 paving lien on the property located at 740 Washington Avenue Potential Claim against APAC-Texas, Inc. re bei,ng no giction Ama, IMavor Tina Broussard, City Clerk tive Session, Council ,11,1s ''3L Minutes —AUGUST 15, 2017