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Home My WebLink AboutMIN OCT 31 2006 M I N U T E S - CITY OF BEAUMONT Andrew P. Cokinos, At-Large GUY N. GOODSON, MAYOR Becky Ames,At-Large Lulu L. Smith, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Mayor Pro Tern, Ward II Audwin Samuel, Ward III October 31, 2006 Bobbie J. Patterson, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on October 31, 2006, 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 1-7/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Pastor James Blackwell of South Park Baptist Church gave the invocation. Councilmember Patterson led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, TRMC, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tem Beaulieu, Councilmembers Smith, Ames, Samuel (arrived at 1:43 p.m.) and Patterson. Absent: Councilmember Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. Mike Drury 6833 Marshall Place Beaumont TX Item #1: Concerned about how bond money was to be spent CONSENT AGENDA Approval of minutes - Minutes of October 24, 2006 Confirmation of committee appointments - None A) Approve a Change Order No. 1 for the Roof and Wall Sheeting Replacement Project at the Fleet Maintenance Facility - Resolution 06-331 Minutes-October 24,2006 B) Authorize the granting of a License to Encroach to the Beaumont Community Housing Development Organization (present owner of property) for a house encroaching into the City's general utility easement and storm sewer easement - Resolution 06-332 Mayor Pro Tem Beaulieu made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a resolution authorizing publication of notice of intention to issue $30 million in Certificates of Obligation for authorized street, drainage and general improvement projects - Resolution 06-333 Administration recommended requesting approval of a resolution authorizing publication of notice of intention to issue $30 million in Certificates of Obligation. The $30 million in Certificates of Obligation will be issued to finance various street, drainage and general improvements. Concurrently, $20 million in Waterworks and Sewer System Revenue Bonds will be issued to provide funds for the expansion, repair, renovation and related improvements to the waterworks and sewer system. A notice of intent to issue revenue bonds is not required so no action is requested on these bonds at this time. Issuance of the Bonds and Certificates is scheduled for December 5, 2006 with delivery and receipt of the proceeds by the City on December 28, 2006. All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund which is supported by property taxes. All debt and expenses related to the Revenue Bonds shall be incurred by the Water fund which is supported by revenues of the waterworks and sewer system. Water and Sewer rates approved through June 2007 are sufficient to meet debt service requirements on the Revenue Bonds. Mayor Pro Tern Beaulieu moved to APPROVE RESOLUTION 06-333 THAT THE CITY OF BEAUMONT, TEXAS ACTING THROUGH ITS GOVERNING BODY IS AUTHORIZED TO ISSUE CERTIFICATES OF OBLIGATION TO PAY CONTRACTUAL OBLIGATIONS TO BE INCURRED IN CONNECTION WITH AUTHORIZED STREET AND DRAINAGE IMPROVEMENTS, BUILDING IMPROVEMENTS,RENOVATIONS AND REPAIRS,PARK IMPROVEMENTS AND EQUIPMENT PURCHASES WITHIN THE CITY AND FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION THEREWITH PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTIONS 271.041 - 271.064, AS AMENDED. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON Page 2 of 9 Minutes-October 24,2006 NAYS: NONE MOTION PASSED 2. Consider authorizing the City Manager to execute an agreement with the State of Texas Office of Rural Community Affairs for funding under the Texas Community Development Block Grant (TxCDBG) Disaster Recovery Grant Program - Resolution 06-334 Administration recommended City Council authorize the City Manager to execute an agreement with the State of Texas Office of Rural Community Affairs for funding under the TxCDBG Disaster Recovery Grant Program. The City recently received an award under the Texas Community Development Block Grant Program, administered by the Texas Office of Rural Community Affairs, in the amount of$1,950,000. The Disaster Recovery Grant Program was established by federal legislation to aid areas most impacted and distressed by Hurricane Rita. The funding provided to the City under this program will be utilized as a portion to the 25 percent match toward a Hazard Mitigation Grant Program (HMGP) award from the Federal Emergency Management Agency (FEMA) on behalf of Drainage District No. 6. The combined funds will be used to construct a drainage system on Calder Avenue from the Neches River to West Lucas Street. This project will address repetitive flooding problems in a significantly populated area of approximately 26,250 persons and will remove more than 900 homes on the National Flood Insurance Program (NFIP) repetitive loss listing. Additionally, this project will benefit 14,817 persons of low to moderate income. The total cost of the project is estimated at $47,150,000 with the City's share totaling approximately $21,534,820. Funds are available for the project in the Capital Program. Councilmember Ames made a motion to APPROVE RESOLUTION 06-334 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS OFFICE OF RURAL COMMUNITY AFFAIRS FOR FUNDING IN THE AMOUNT OF $1,950,000 UNDER THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT (TXCDBG) DISASTER RECOVERY GRANT PROGRAM. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a contract for the construction of Martin Luther King Jr. Park - Resolution 06-335 Administration recommended the award of a bid to N & T Construction Company, Inc. of Orange, TX in the amount of $648,000 for furnishing all labor, materials and equipment necessary to construct the Martin Luther King, Jr. Park. Page 3 of 9 Minutes-October 24,2006 In 2004, approximately 3.3 acres on the east side of M.L.K. Parkway between College and Wall Streets was designated to be the new park site through a multiple use agreement with TxDot. A passive park has been designated to include a life size bronze figure of Dr. King, a series of interpretative cast stone wall panels, benches and landscaping that includes grass, trees and lush flowering beds. The cast stone wall panels will be engraved with quotations and selections from Dr. King's speeches. N & T Construction Co. Inc., the low bidder, is a City certified MBE. Construction should commence by late November. Memorial brick pavers that were previously purchased will be included in the park site. Funds are budgeted in the Capital Program Fund for this expenditure. Councilmember Samuel made a motion to APPROVE RESOLUTION 06-335 THAT THE BID SUBMITTED BY N & T CONSTRUCTION COMPANY INC., ORANGE, TEXAS, FOR A CONTRACT TO FURNISH ALL LABOR, MATERIALS AND EQUIPMENT NECESSARY FOR THE CONSTRUCTION OF MARTIN LUTHER KING, JR. PARK BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a Lease Agreement with Goodwill Industries - Resolution 06-336 Administration recommended authorizing the City Manager to execute a six (6) month Lease Agreement with Goodwill Industries of SE Texas and SW Louisiana (Goodwill) for the use of City-owned property at 790 Orleans Street, Beaumont, Texas. On October 10, 2006 by Resolution No. 06-306, Council approved the City's acquisition of property known as 790 Orleans Street, from owner Goodwill. The building on that property is slated to serve as the Police Property Building. Goodwill indicated approximately six (6) months will be required for them to vacate the building. Goodwill currently uses the building for business offices and the resale shop of various items, such as clothing, household items, toys, etc. They will continue in that capacity as they work toward moving their business. During this period, the City proposes to lease the building to Goodwill for a rental fee of $4,000.00 per month for six (6) months. The City is responsible for maintenance of the building but Goodwill will be responsible for all janitorial services and utility costs associated with the building. Goodwill will provide the required insurance as detailed in the lease, with the City of Beaumont named as additional insured. The lease contains a provision for termination prior to six months should Goodwill secure another location. Page 4 of 9 Minutes-October 24,2006 As consideration for the lease premises, Goodwill agrees to pay the City a monthly fee of $4,000 per month for six(6) months. The total revenue for the six-month lease is $24,000. Councilmember Ames made a motion to APPROVE RESOLUTION 06-336 THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A SIX (6) MONTH LEASE AGREEMENT WITH GOODWILL INDUSTRIES OF SE TEXAS AND SW LOUISIANA (GOODWILL) FOR OCCUPANCY OF THE PROPERTY LOCATED AT 790 ORLEANS STREET FOR A RENTAL FEE OF$4,000 PER MONTH. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a bid for purchasing five (5) standby generator power system for installation at various fire stations -Resolution 06-337 Administration recommended awarding a bid for purchasing five (5) 35 kW standby generator power systems for installation at fire stations as noted herein to Emergency Power Services in the total amount of $53,395. The generator sets specified in the bid will provide standby emergency generator power to Fire Station Numbers 2, 7, 8, 9 and 11. The stations currently have no permanent emergency power systems for occurrences of power outage. Each generator set will include a transfer switch which will allow the system to come on-line automatically when necessary, and upon restoration of utility power will automatically retransfer the electric load to normal operation and shut down the generator. Funds for the expenditure will be provided by a 2005 State Homeland Security Program (SHSP) grant, with no matching funds required. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-337 THAT THE BID SUBMITTED BY EMERGENCY POWER SERVICES FOR THE PURCHASE OF FIVE (5) 35 KW STANDBY GENERATOR POWER SYSTEMS FOR INSTALLATION OF FIRE STATION NUMBERS 2, 7, 8, 9 AND 11 IN THE AMOUNT OF$53,395 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 5 of 9 Minutes-October 24,2006 WORKSESSION Worksession began at 2:00 p.m. Discuss the issuance of Refunding Bonds, Series 2006 Ryan O'Hara with RBC Dain Rancher, the City's financial advisor, has recommended that the City proceed with refinancing certain outstanding obligations in order to take advantage of a cost savings of approximately $500,000 to $600,000. This would include portions of the 1996 Refunding Bonds, the 1996 Certificates of Obligation, the 1998 Certificates of Obligation and the 1999 Certificates of Obligation. Mr. O'Hara discussed the possible refunding of these bonds and recommended an underwriting service. If accepted by Council, authorization of the issurance of the bonds will be on November 14, 2006 with delivery of the bonds on December 14, 2006. Mr. O'Hara then answered any questions asked by Council. Review and discuss a proposed contract with the Southeast Texas Regional Planning Commission for the administration of disaster recovery finds and discuss proposed guidelines related to a Disaster Recovery Program Janett Lewis, Housing Manager, presented the proposed contract with the Southeast Texas Regional Planning Commission. She gave an outline of the three different subrecipient allocation of Funds. Each division was outlined with eligibility requirements and procedures to be followed for each applicant. Following discussion among Council, it was agreed that the fourth category of applicants should be added for"single parent families". This would be added before the "all other qualified" category. This would be for all three allocation of funds being made available. Worksession ended at 2: 30 p.m. 6. Consider authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission for the administration of disaster recovery funds - Resolution 06-338 The administration recommended authorizing the City Manager to execute a contract with the Southeast Texas Regional Planning Commission to administer disaster recovery funds. The City of Beaumont has been awarded a subrecepient allocation of Texas Department of Housing and Community Affairs CDBG Disaster Program funds in the amount of$5,145,000 from Southeast Texas Regional Planning Commission. Recovery funding, including Emergency Repair ($2,745,000), Home Owner Occupied Rehabilitation ($1,155,000) and Single-Family Rental Rehabilitation ($1,000,000) will assist eligible low to moderate income households with repairs resulting from Hurricane Rita. Assistance to rental property owners will be limited to properties leased, or will be leased, to low to moderate income families. Funds totaling $245,000 will also be used for Administration costs. Page 6 of 9 Minutes-October 24,2006 Programs and administration will be funded from the Texas Department of Housing and Community Affairs CDBG Disaster Program. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-338 THATTHE CITY COUNCIL HEREBY AUTHORIZES THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION TO PROVIDE THE ADMINISTRATION OF DISASTER RECOVER FUNDS BY THE HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT AS PER CONTRACT. Mayor Pro Tem Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider adopting proposed housing program guidelines related to a Disaster Recovery Program.- Resolution 06-339 The administration recommended City Council to adopt the proposed Housing Program Guidelines that will serve as an administrative tool for the federal disaster recovery programs administered by the City. Each Participating Jurisdiction is required to adopt program guidelines for the federal grant programs it administers. Guidelines for the TDHCA Residential Emergency Repair Program, TDHCA Housing Rehabilitation Program and TDHCA Single-Family Rental Rehabilitation Program were reviewed in substantive form. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-339 THAT THE CITY COUNCIL HEREBY APPROVE THE ADOPTION OF THE HOUSING PROGRAM GUIDELINES FOR DISASTER RECOVERY PROGRAMS, SPECIFICALLY THE RESIDENTIAL EMERGENCY REPAIR PROGRAM, HOUSING REHABILITATION PROGRAM AND SINGLE-FAMILY RENTAL REHABILITATION PROGRAM, SUBSTANTIALLY IN THE FORM ATTACHED AS EXHIBITS "B,"AND "C." Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS SMITH, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - NONE MAYOR PRO TEM BEAULIEU - NONE Page 7 of 9 Minutes-October 24,2006 COUNCILMEMBER AMES - NONE COUNCILMEMBER SAMUEL- REQUESTED A WORKSHOP ABOUT THE DOWNTOWN PARKING METERS COUNCILMEMBER PATTERSON - THANKED EVERYBODY WHO VOTED ON SUNDAY AND ATTENDED THE LUNCHEON; REMINDER THAT EARLY VOTING CONTINUES THROUGH FRIDAY AND THAT ELECTION DAY IS TUESDAY, NOVEMBER 7; EVERYBODY SHOULD EXERCISE THEIR RIGHT TO VOTE; ALSO THANKED JANETT, JOHNNY, MAX AND STAFF FOR THEIR WORK ON THE RECOVERY FUNDS CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - THANKED KINSEL MAZDA FOR THEIR SPONSORSHIP OF THE BLUES FEST AND THE WONDERFUL TURNOUT; CONGRATULATED CASA FOR THEIR FUND RAISER ON SATURDAY Public Comments (Persons are limited to three minutes) Bruce Hoffer 2615 Gladys Beaumont TX President, Beaumont Youth Soccer Organization: Requested that the water tower at the soccer field be painted black and white to represent a soccer ball; their organization would be willing to help sponsor this project Joe Lewis PO Box 62 Beaumont TX Expressed concerns about construction and utility workers doing damage on Magnolia Street—constant disconnection of services due to utility truck damaging lines; good news is that they do repair the damage; expressed a special thank you to Councilmember Samuel for his intervention of getting electrical repair service for his mother due to utility damage Mike Drury 6835 Marshall Place Beaumont TX Would like the City to support the firefighters' efforts to improve the ISO ratings which would reduce the insurance rates for the homeowners; this lower rating would also increase the economic development ; would like to have another firefighter on each truck to comply with regulations and improve the quality of life Brian Hebert 1307 Wall Street Beaumont TX States that according to the National Fire Protection Association #1710 Standard for Organizational and Development of Fire Suppressant Operations, Emergency Medical Operation and Special Operations to the Public by Career Fire Departments was approved Page 8 of 9 Minutes-October 24,2006 as an American National Standard in August, 5, 2004 and includes that these companies should be staffed with a minimum acceptable level of four members; Beaumont has only three members and that is a single most important deficiency in receiving a lower ISO rating and that this lower level of manpower is needed at the fire sight for optimal utilization of the equipment Joe Herrera III 105020th Street Beaumont TX Concerned with firefighter minimum manning; feels strongly that four firefighters are needed for each engine; feels that citizen's lives are worth it Open session of meeting recessed at 3:50 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont vs. International Association of Firefighters, Local Union No. 399 City of Beaumont v C & I Oil Company, Inc. * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551-074 of the Government Code: City Manager City Attorney There being no action taken in Executive Session, Council adjourned. Audio tape ar av i Lble-ppon quest in the City Clerk's Office. Guy N. Goodson, Mayor � �� I ; MO�y�- \\�11 Rose Ann Jones, TRM ^••" / City Clerk . ?1W Page 9 of 9 Minutes-October 24,2006