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HomeMy WebLinkAboutMIN APR 03 2001 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson April 3,2001 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on April 3, 2001, 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 Cali Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Dan Reed, Associate Minister of Calvary Baptist Church, gave the invocation. Martin Elementary School student Ervin Harris led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions Five proclamations were issued: "Child Abuse Prevention Month,"April 2001; "Smoke, Choke and Croak Day,"April 4, 2001; "Sexual Assault Awareness Month,"April 2001; "Fair Housing Month,"April 2001; and "National Public Health Week,",April 2-8, 2001. Public Comment: Persons may speak on scheduled agenda items 1 and 2 Mr. Allen Lee, 5095 Maddox, addressed Council to question Agenda Item 2 and unused CDBG funds for the past four years, the reprogramming process, and made personal comments about public corruption. Consent Agenda Approval of the minutes of the regular meeting held March 27, 2001 Confirmation of committee appointments - Reappoint Brenda Garrison, Beaumont Advisory Commission for Prevention of Child Abuse and Neglect,term expiring March 29, 2003 - Resolution No. 01-082 A) Approve the purchase of two chemical storage tanks (from Bailiff Enterprises in the amount of$21,800) for use at the Water Production Plant - Resolution No. 01-083 B) Authorize eminent domain proceedings to acquire the property described as being Tract 1 City Plat I, out of the D. Brown Survey (from Mrs. James Ella Chatmon)for the Charlton Pollard Park and Neighborhood Commercial Center - Resolution No. 01-084 C) Authorize the granting of a Pipeline License Agreement to EEX E&P Company, L.P. to cross Brooks Road - Resolution No. 01-085 D) Approve the purchase of four zero-turn radius mowers (from Scooter's Lawnmower in the amount of$23,800) for the Parks and Recreation Department - Resolution No. 01-086 E) Approve the purchase of two 10-ton tandem axle trailers (from Clement of Houston, Inc. in the amount of$16,630)for use by the Public Works Department,Water Utilities Division - Resolution No. 01-087 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider the purchase of four vehicles through the Houston-Galveston Area Council (H-GAC) Councilmember Smith moved to approve Resolution No. 01-088 authorizing purchase of four (4) vehicles through the H-GAC Cooperative Purchasing Program in the amount of$121,504.46 for the Water Distribution and Sewer Maintenance Divisions. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 2. Consider amending the 1997 and 1999 Consolidated Grant Programs by reprogramming funds to other eligible HUD activities Mr. Bonczek introduced the item and reported corrections: $68,000 for the Restore Program was not included in the original estimate and $173,000 is available for senior family housing in 1997 reprogrammed monies. He stated that$830 is available for Public Facilities and Improvements from 1999 funds, $12,478 is available for Partnership Community Mental Health for reprogramming, and $18,000 is available to be used for the ExxonMobil Green Team program during 2001. He suggested a decision be made for public service funding. Administration recommends $100,000, and the Community Development Advisory Committee recommends $263,000. Minutes April 3,2001 Page 2 Mayor Pro Tern Goodson clarified that amending the 1997 and 1999 funds will require a Council vote and that in the public hearing the specific allocation of funds for similar program activities during 2001 will be discussed and could be addressed again next week. Councilmember Ames confirmed with staff that all of the reprogrammed funds would not have to be reallocated immediately. Councilmember Samuel informed Council of his attempt to notify an applicant of unused funds that will be reprogrammed. As a courtesy to the applicant, he requested that action be deferred one week to inform the organization that the funds will be reprogrammed . Mayor Moore requested consideration for Item Number 2 regarding acceptance of staffs report and recommendation for reprogramming funds. Mayor Pro Tern Goodson commented that he favors the amendment for reprogramming and said available funds could be left in the line item to be carried over for a 2001 proposal and shared his concern in leaving non-programmed 1997 funds. Councilmember Samuel restated his desire to contact the organization before action is taken, agreed to move forward, but requested Council defer the item one week. Council consensus was to honor Councilmember Samuel's request to defer the item next week. 3. PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program Consider approving the revised the Adopted Preliminary Budget of the 2001 Action Plan, in order to increase the Public Services line item to $263,100 The public hearing opened at 2:24 p.m. Ms. CandyAnderson,directorof the Women's and Children's Shelterof Southeast Texas, addressed Council to request funding of their proposal for transitional housing to aid women in stabilizing their lives after being victims of domestic violence and detailed their program. Ms. Janet Walker,with Family Services and as operator for Women's Shelter, addressed Council concerning critical needs of the Women's Shelter and said this is a bricks and mortar project that will affect the lives of children, as well as, women in our community. Mr. Jonathan Williams, a music teacher at Martin Elementary School, addressed Council to solicit support for their project entitled the African Millennium Village and designed to provide an activity for children that will give them an outlet for music and education forums and ownership of the project. Mr. Williams thanked Council for past funding and requested an increase to fully fund the program. An unidentified lady addressed Council in support of the dance studio and performing arts multi-cultural program that will be participants in the Martin Elementary School project. She spoke of the exhilarating experience children received learning Mexican folk dances, the opportunity to join Mr. Williams, and in support of Council approval for her proposal for further cultural experiences for children through dance. Minutes April 3,2001 Page 3 The public hearing closed at 2:29 p.m. WORK SESSION Review recommendations from city staff and the Community Development Advisory Committee relating to the 2001 Action Plan of the Consolidated Grant Program Councilmember Patterson expressed gratitude to the Community Development Advisory Committee and Community Development staff for their recommendations, said their recommendations are very important, and asked that Council consider additional funding in the amount of$20,000 for playground equipment for the Girl's Haven project and fully fund the Martin Elementary School project for a total of$11, 824. Councilmember Ames supported additional funding to Girl's Haven and stated she does not want to deplete reprogrammed funds and not have available funds for emergencies. She also spoke in support of adding $50,000 to the staff recommendation of$100,000 for program services. Councilmember Samuel requested fully funding the Martin Elementary School project,and explained that he and Councilmember Smith are attempting to join with the Health Department, BISD, and Jefferson County to work with French Elementary School, and stated there is a need for a community based clinic and supports the overall project. Mayor Pro Tern Goodson discussed difficulty in evaluating funding proposals, available funding allocated to senior multi-family housing projects, inability to fund proposals discussed today,a concern that 1997 funds be reprogrammed or allocated from other line items of the proposed 2001 CDAC funds, and his desire that discussion would move the item forward Councilmember Ames clarified she is not suggesting taking funding from other areas, proposed that a portion of the$173,000 be used for public services and additional funding be added for senior housing rehabilitation. Councilmember Samuel suggested moving forward with reprogramming the 1997 and 1999 CDBG funds. Mayor Pro Tern Goodson voiced his feelings that those addressing Council today have interest in Council decisions, and if funding is not received from the City, they will need to seek other sources. He conveyed that he does not want to start discussing additional monies or proposals until funding is actually reprogrammed and to a point where stakeholders might understand the possibility of available funding for their project. Mayor Pro Tern Goodson expressed difficulty in proceeding with the agenda item, desire for meaningful dialogue, and hopes that detailed discussion would serve an alternate to the use that was proposed several years ago. Councilmember Patterson suggested moving $50,000 from reprogrammed funds into public service to help fund other requests,and Councilmember Ames interjected there can be no movement until a vote is taken. Minutes April 3,2001 Page 4 Councilmember Samuel stated he was requesting a deferral of formal action, but thought informal direction could be considered. Mayor Moore explained that deferral limited reallocation of funds and that Councilmember Samuel could rescind his request. Councilmember Samuel excused himself from the meeting at 2:40 p.m. to make a telephone call. Mayor Pro Tem Goodson suggested that future CDAC reports include a spreadsheet indicating prior years of budgeted amounts and actual expenditures for each line item in addition to staff and CDAC recommendations. Mayor Moore commented that in the last meeting, Council tried to work closer toward the focus of CDAC recommendations by putting an additional $50,000 in public service grant funds for flexibility in assisting other agencies, and said he felt the majority of Council was in agreement with this focus. Councilmember Patterson voiced agreement with the additional$50,000 in public service funding and encouraged Council not to take the $50,000 from funds allocated for 2001, but from the 1997 reprogrammed funds. Mayor Pro Tern Goodson relayed comments from CDAC applicants that it was discouraging to prepare exhaustive applications and not be able to make a presentation at the meetings. He suggested using a different structure prior to receipt of the CDAC recommendations,that every applicant be granted the right to make a presentation within set parameters, and that there be open discussion. Mayor Pro Tern Goodson reiterated a desire forfair participation in the grant application process and voiced support of working collaboratively with CDAC and staff toward decisions. (Councilmember Smith left the Chambers at 2:46 p.m.) Mayor Moore supported meeting with the chairman and expressed concern with feelings and applicant perception when coming to Council. Councilmember Samuel returned to the Council Chamber at 2:47 p.m., reported he had left a message with the party of concern, and rescinded his request for deferral and suggested moving forward with action on Agenda Item No. 2. Mayor Pro Tern Goodson moved to approve Resolution No. 01-089 amending the 1997 and 1999 Consolidated Grant Programs to reflect the availability of reprogrammable funds from 1997 Senior Multi-Family Housing line item($173,000),the 1999 undesignated Public Facilities and Improvements line item($830),and the 1999 Partnership Community Mental Health line item ($12,478), for a total of $186,308. Councilmember Samuel seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Cokinos, Ames, Samuel, and Patterson Noes: None Minutes April 3,2001 Page 5 Mayor Moore suggested moving forward with the discussions for allocations of the 2001 Action Plan of the Consolidated Grant Program. Councilmember Patterson suggested $20,000 in addition to the $4,595 for a total of $24,595 for Girl's Haven and totally funding the Martin Elementary School request in the amount of$11,824. (Councilmember Smith returned to the Chambers at 2:51 p.m.) Mayor Pro Tern Goodson stated there were several subparts to the Martin Elementary School application and there is $3,700 for program activities not recommended for funding. In response, Economic Development Director Kyle Hayes explained that the $3,700 was not for bricks and mortar expenditures, but is a $7.50 per student fee to Thag Johnson's Dance Studio to teach African dance classes. Councilmember Ames stated that Council does not traditionally authorize funding to pay for salaries with grant monies. Councilmember Samuel expressed an opinion that the payment for dance classes to the studio is not for salaries, but for contract services. Mayor Moore spoke of closure on the issue, commented about recommendations from staff and the CDAC, a portion of the full request being separate from equipment or bricks and mortar type expenditures, and suggested Council needs to be consistent and a decision made as a body. Mayor Pro Tern Goodson stated he has a difficult time with programmatic funds. In the past, he said Council has viewed funding organizations as partnering. They solicit private funding to work with public funds. Also, he stated that programmatic funding never seems to end with one-time requests and applicants do not show any ability to support future programmatic expenses. Mayor Pro Tern Goodson voiced sentiments that bricks and mortar projects are best, and, if funds are available for programmatic funds, they should be matched with a single one time contribution. Mayor Pro Tern Goodson again stated that he has difficultly supporting full funding for the Martin Elementary School program, but has no problem with the staff recommendation. Councilmember Samuel spoke of Council developing a philosophy or a concrete idea of use of CDBG funds, and about programmatic and bricks and mortar funding. He said the core philosophy of the CDBG program is to designate funds for the most needy areas and that low to moderate income people are the ones to benefit as recipients of these programs. Councilmember Samuel commented that perhaps some funding should be from the General Fund and not from CDBG funds and said he understands the limited resources. He stated that he feels the importance of the funding is the recipients, and CDBG funds are designed to address low to moderate income families. Mayor Pro Tern Goodson voiced disagreement because funds are spent on emergency shelters, minor repairs benefitting senior citizens, and many other organizations. He stated everyone is influenced with their perception of greatest need, and that staff brings qualified and appropriate expenditures forward for consideration, and if sent to HUD would be approved . He commented that needs are legitimate, and there are more needs in the community than funding can address. Minutes April 3,2001 Page 6 Mayor Moore compared requests to available monies, acknowledged CDAC recommendations, and the need to work as a team to leverage accomplishments. The Mayor stated Council tries to touch as many different organizations as possible, and that Council made a joint decision to fund bricks and mortar projects and not administrative expenses. Mayor Moore shared a desire to partner with organizations as opposed to funding an entire program. (Mayor Moore left Council Chambers at 3:07 p.m. during Councilmember Patterson's comments.) Councilmember Patterson again articulated her desire to fully fund $11,824 for the Martin Elementary School project, spoke of applicants sometimes requesting funding for a small amount for salaries, and discontinuing the tradition of funding a project more than once. Councilmember Patterson supported funding the$3,700 request of Martin Elementary for contract services for one time. Councilmember Samuel clarified public service funding to be in the amount of$150,000. Mayor Pro Tern Goodson repeated Mayor Moore's suggestion to add $50,000 to the public services item and not expending all of the reprogrammable funds. In response to Councilmember Patterson's support of funding the $3,700 request of Martin Elementary, Mayor Pro Tern Goodson said he has a concept of a different bar or level of consideration for programmatic and bricks and mortar funding. He stated that possibly, he could consider a serious one time programmatic money, if there is some sharing, but not 100%. (Mayor Moore returned at 3:11 p.m.) Councilmember Samuel suggested giving attention to Council criteria for CDBG allocations and forming concrete guidelines that will assure applicants do not repeatedly reapply. He discussed using 1997 reprogrammed funds to satisfy the CDAC recommendations and questioned any adverse impact being caused by using all of the reprogrammed funds. Mayor Moore commented that Council suggested adding an additional $50,000 from the reprogrammed funds to the original $100,000 for public service and taking the remainder of those funds for other projects such as the senior rehabilitation program for seniors with disabilities orfor seniors needing emergency home repairs. The Mayor added that CDBG funds are the only funds with any flexibility to help agencies outside the General Fund. Further discussion included amounts available, explanation by Mayor Pro Tern Goodson that even with current allocations, there is not a contingency or unprogrammed amount, and that these funds will have to be programed into a line item or a new line item created under an established heading. He stated that an indication has been given to move $50,000 into public service and $130,000 remains to be put in another line item to complete Council's obligation. (Mayor Pro Tern Goodson left Council Chambers at 3:23 p.m. and returned at 3:25 p.m.) Minutes April 3,2001 Page 7 Afterfurther extensive discussion, Mayor Moore suggested that more time maybe needed to make a decision, addressed Council consideration of programmatic funding and bricks and mortar funding, funding consistency, and action possibilities that may be taken. Councilmember Samuel expressed appreciation forthe flexibility granted to discuss CDBG fund allocations to arrive at a point of greater clarity,and Councilmember Ames stated that in her review of staff's recommendations, all have consistently been bricks and mortar projects. At the conclusion of discussion, Mayor Moore recommended bringing the item back to Council next week for final action. Councilmembers comment on various matters Mayor Pro Tern Goodson thanked the City Manager and Public Works Director for their presentation of the proposed storm water utility fee at the Amelia Neighborhood Association meeting that led to good discussion with residents and to Councilmember Cokinos for his support and attendance. Councilmember Samuel reported receiving a copy of a letterwritten by an 83-year-old lady to Chief Bertrand stating that three firefighters came to her aid when she was stranded at the side of the road with a flat tire. Councilmember Samuel commended the firefighters for going above and beyond the call of duty to perform the service. Also, Councilmember Samuel acknowledged the report of service given by Orange County Ambulance Service and supported actions taken to call them and said the well being of our citizenry is of utmost importance, regardless from whom the service is received. He said we are fortunate to have Orange County neighbors who care and "stand willing and able to assist when there is a need." He expressed appreciation for the report and said he understands and supports the decision made. Councilmember Patterson joined with Councilmember Samuel in thanking the Orange County Ambulance EMS for their assistance and said "we are fortunate to have a neighboring city willing to help us in a time of need," and said she supports the action taken. Councilmember Patterson announced that the Tyrrell Park Neighborhood Association meeting will be held tonight and that the South Park Block Party will be held from 1:00 p.m. to 5:00 p.m. in front of the South Park Middle School and that from 3:00 p.m. to 5:00 p.m. Sunday afternoon, Neighbors in the Park will be held at Sprott Park on Usan Street. Mayor Moore announced that library volunteers were acknowledged at a luncheon today and that these volunteers contribute over 9,500 hours for a $50,000 savings to the City of Beaumont and expressed his appreciation to them. Also, he reported a good visit yesterday with South Trust, American Valve and Hydrant, and Health South Industries C.E.O.'s, and said they shared promising future ventures in our community. Members of the Chamber of Commerce and the Jefferson County Judge's office joined the meeting to give a report of their activities, and Mayor Moore said it was a long, but fruitful day. Minutes April 3,2001 Page 8 City Manager Report City Manager Bonczek announced that the Budget Summit is scheduled for May 11 to discuss the City of Beaumont's long range forecast and the annual budget report. Mr. Bonczek reported that the Storm Water Management Advisory Committee met last week, will be finalizing a position paper for Council, and will meet again Thursday, April 5. He advised Council of past meetings with neighborhood associations to explain the proposed storm water utility fee and announced future meetings. Mr. Bonczek announced that a breakfast will be held Wednesday morning at 7:00 a.m. at the Clean Community Department to commemorate Dr. Martin Luther King's efforts in the plight of sanitation workers in Memphis. He reported that more life guards are needed for the summer programs and that salaries have been increased, that Neighbors in the Park at Rogers Park was successful, and that he looks forward to a repeat at Sprott Park. (Councilmember Smith left the Chambers at 3:32 p.m. near final presentation of the City Manager's Report and returned at 3:34 p.m. during Dr. Fitzhugh's comments.) Public Comment (Persons are limited to three (3) minutes). Dr. Karen Fitzhugh,executive directorfor Girl's Haven addressed Council to thankthe City for past support and to announce that a "Fish Fry" fund-raising event will be held Friday from 11:00 a.m.to 2:00 p.m. Anyone interested in purchasing a lunch may call 899-3455. Donation for the fish lunch is $6.00. Mr. Leroy Lewis, III, 1201 Euclid, addressed Council in support of helping the homeless, thanked Council for supporting Girl's Haven, requested that Police officers be allowed to receive coffee and food from restaurants so their presence may influence a decrease in crime and that bus fares remain at the present rate. Mr. Lewis also expressed his concerns for citizens, stray animals, and the use of drugs and cigarettes. Mr. William Johnson, 1045 Madison, addressed Council regarding allocation of funds for the north end of town and Magnolia Park and said the houses between Forrest and Cable need an uplift. Mr. Johnson reviewed an accident in which he was involved on January 26, 2001. He described the situation when a vehicle failed to observe a traffic sign in a turn lane, hit his vehicle, and the driver did not receive a citation. Mr. Johnson claimed he is having difficulty with his insurance company and requested assistance. Mayor Moore advised Mr. Johnson to meet with the City Attorney after Council. Mr. Allen Lee, 5095 Maddox, addressed Council to express his views about CDBG discussions, L. L. Melton Y funding, and proposed assessing a street user fee to those living outside the city limits and working in Beaumont. Mr. Lee suggested$1.00 per month per out of town employee be collected by employers. Mr. Robert Preston, 1190 Iowa Street,addressed Council to voice his opinion about storm water calculations to prevent flooding and presented copies of photographs to Council of alleged parking violations and claimed obstruction of justice by city officials for lack of crime enforcement. Minutes April 3,2001 Page 9 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Janice Haynes v. City of Beaumont, et al Buncy Seago, Sr. and Audrey Seago, Individually and as heirs of the Estate of Deanene Linette Seago v. v. City of Beaumont, et al - Not discussed There being no further business, the meeting adjourned at 3:45 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes April 3,2001 Page 10