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