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HomeMy WebLinkAboutMIN NOV 7 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 Tem,Ward II Audwin Samuel,Ward III November 7, 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 November 7, 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. Rev. J. D. Roberts of the Rev. J. D. Roberts Ministries gave the invocation. Councilmember Ames led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Beaulieu, Councilmembers Ames, Samuel (arrived at 1:35 p.m.) and Patterson. Absent: Councilmembers Smith and Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "Nurse Practitioner Week in Beaumont" - November 5-11, 2006 - Proclamation read by Councilmember Patterson; accepted by Dana Henderson, Cheryl Cole, Denise Lumpkin, Southeast Texas Nurses Association "National Adoption Day in Beaumont" - November 17, 2006 - Proclamation read by Mayor Pro Tern Beaulieu; accepted by Shari Pullman, Texas Department of Family and Protective Services, as well as representatives from CASA, Helping Hearts and other area agencies Mayor Goodson invited the public to attend the Veterans Day program at the Civic Center on Saturday, November 11, 2006, at 11:00 a.m. Mayor Goodson felt honored to represent our City in New York when Cape Vincent and Cape Victory received the Maritime Seamans Group Administration of Exceptional awards during Hurricane Rita and thanked everybody involved for their support Minutes-November 7,2006 Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda. John Werner 1 Oakleigh Blvd. Beaumont TX Item A(Consent Agenda)- Felt that Council should give further consideration of this item Galen Key 2836 Old Spurger Hwy Silsbee TX Item A (Consent Agenda) -Also agreed that further consideration should be given to the compensation of the City Manager; read some emails from other citizens as well Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Item A (Consent Agenda) - Remarked that Council should take all factors into consideration before approving this item Tommy May 4676 W. Abrahms Pine Forest TX Item A (Consent Agenda) - Continued with reading of emails from others CONSENT AGENDA Approval of minutes - Minutes of October 31, 2006 Confirmation of committee appointments - None A) Approve compensation for the City Manager - Resolution 06-340 B) Approve compensation for the City Attorney - Resolution 06-341 C) Authorize the City Manager to enter into a contract with the Center for Safe Communities and Schools to participate in the Texas Tobacco Prevention Initiative Community Law Enforcement Program - Resolution 06-342 Mayor Pro Tern Beaulieu made a motion to approve the ConsentAgenda. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS, AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the third reading of an ordinance adopting an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term Page 2 of 9 Minutes-November 7,2006 of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise payments - Ordinance 06-058 Administration recommended approval of an ordinance amendment to Ordinance No. 04- 068 adopted on September 28, 2004 granting to Entergy Gulf States, Inc. an electric franchise which provides compensation for the use of the City's streets, alleys and rights- of-way by Entergy Gulf States, Inc. and authorizing the City Manager to execute an agreement with Entergy Gulf States, Inc., reserving an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise agreement in 2017. The City of Beaumont and Entergy Gulf States, Inc. entered into an electric franchise agreement on September 28, 2004 which provided for the accelerated expiration of the then existing franchise ordinance and granted a new franchise which included a different method of compensation to the City. This new agreement became effective February 1, 2006. The old agreement provided for payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for compensation based upon a calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered to retail customers within the City of Beaumont. These payments historically have been made on the first day of August of each year for the twelve-month period prior to the payment. Because of the acceleration of the termination of the existing agreement and the implementation of the new agreement there was a period of transition which has caused an issue between the City and the Company as to the timing of these payments. The issue is whether the August payments were a prepayment in advance, which is the position of the Company, or a payment in "arrears" for the preceding twelve-month period before the August payment. The problem with the Company's position is that the City does not receive an annual payment for August, 2006. This translates into an estimated loss in revenue in excess of Three-Million ($3,000,000) Dollars. After several discussions and meetings, the parties have agreed to resolve the issue with the Company continuing to make the annual payment on August 1 of each year beginning August, 2006; and reserving the issue as to whether the payment is a prepayment or payment in arrears until the year 2017, which is before the end of the term of the contract in 2018. This reservation would take the form of a letter agreement between the parties executed by the City Manager as authorized by the City Council. This amendment resolving the franchise annual payment i ssue should r esu I t in a payment in excess of Three-Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by Entergy Gulf States, Inc. Mayor Pro Tern Beaulieu moved to ADOPT ORDINANCE 06-058 ENTITLED AN ORDINANCE AMENDING FRANCHISE NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC., PROVIDING FOR AN ANNUAL PAYMENT;AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY GULF STATES, INC. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Page 3 of 9 Minutes-November 7,2006 2. Consider accepting the Grand Recap of the tax roll for the tax year 2006 (Fiscal Year 2007) - Resolution 06-343 Administration recommended the acceptance of the Grand Recap of the tax roll for the tax year 2006 with a taxable value of $4,864,220,755. Property tax revenues in the FY 2007 Budget were calculated based on this taxable value plus $23,520,700 in minimum values omitted due to protests filed under Section 42 of the Texas Property Tax Code at a collection rate of 97%. On September 19, 2006 Council approved the tax roll as certified by the Jefferson County Appraisal District with a taxable value of$4,864,220,755. There is no charge in the taxable value of the Grand Recap. Councilmember Samuel made a motion to APPROVE RESOLUTION 06-343 THAT THE CITY COUNCIL PURSUANTTO THE TEXAS PROPERTY TAX CODE,SECTION 26.09,HEREBYAPPROVES THE GRAND RECAP OF THE TAX ROLL FOR THE TAX YEAR 2006 WITH A TAXABLE VALUE OF $4,864,220,755. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider authorizing the City Manager to sign an agreement with North Star Destination Strategies to develop a "Community BrandPrint" - Resolution 06-344 North Star Destination Strategies, LLC (hereinafter referred to as North Star) is based in Nashville, Tennessee and is committed to providing research based branding solutions, specifically for communities, which they call a"Community BrandPrint." Through the brand print process, North Star will determine Beaumont's most distinct promise by determining our competitive situation, vision of our stakeholders and the perceptions of people living in and outside of the area. A brand strategy will then be crafted that will position Beaumont in the minds of residents, visitors and economic development groups. The projected time line to complete the brand print is 28-30 weeks. City staff and representatives of the Greater Beaumont Chamber of Commerce have met many times over the past year and a half regarding the development of a brand print for Beaumont. Two companies were requested to make a presentation to community leaders. There was a consensus to move forward with North Star. Formal action was not requested from the City Council after the presentation due to Hurricane Rita. North Star made a second presentation in Beaumont to various community leaders on September 13, 2006. North Star has completed brand prints for many clients across the Unit States including Augusta Georgia; Jackson, Mississippi; Mobile, Alabama; Grapevine, Texas; McKinney, Texas and Plano, Texas. The base fee for the above service is $76,000. Of this amount, $75,000 will be paid from a donation which was made to the City from Farmers Insurance Group. The remaining Page 4 of 9 Minutes-November 7,2006 amount as well as additional expenses for travel, long distance phone calls, etc. will be paid from the General Fund. It should be noted that the initial work to be provided by North Star is the beginning step in a multi year process. The general community, City of Beaumont, other governmental entities and the business community will need to invest their time and money for numerous years promoting the new brand print in order for it to be successful. Mayor Pro Tern Beaulieu made a motion to APPROVE RESOLUTION 06-344 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH NORTH STAR DESTINATION TO DEVELOP A "COMMUNITY BRANDPRINT." Councilmember Ames seconded the motion. AYES: MAYOR GOODSON,MAYOR PRO TEM BEAULIEU,COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider authorizing the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept a grant to assist in the repair of residential structures damaged by Hurricane Rita - Resolution 06-345 Administration recommended Council authorize the City Manager to execute a contract with Fannie Mae's Housing and Community Development Division to accept and administer the distribution of $50,000 to assist in the rehabilitation of owner-occupied homes of low and moderate income elderly and/or disabled persons whose home were damaged by Hurricane Rita. An application was made to Fannie Mae's Housing and Community Development Division for financial assistance to help in the repair of homes damaged in our community by Hurricane Rita. The City of Beaumont received a $50,000 grant from Fannie Mae's Renaissance Fund for the rehabilitation of owner-occupied homes of low and moderate income elderly and/or disabled persons. The assistance criteria attached to this grant are consistent with our Housing Program Guidelines for Disaster Recovery. Therefore, we are proposing to administer these funds consistently with the$5.1 million Community Development Block Grant awarded as a result of Hurricane Rita. Councilmember Patterson made a motion to APPROVE RESOLUTION 06-345 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CONTRACTS WITH FANNIE MAE'S HOUSING AND COMMUNITY DEVELOPMENT DIVISION TO ACCEPT AND ADMINISTER THE DISTRIBUTION OF A $50,000 GRANT TO ASSIST IN THE REPAIR OF RESIDENTIAL STRUCTURES DAMAGED BY HURRICANE RITA. Councilmember Ames seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE Page 5 of 9 Minutes-November 7,2006 MOTION PASSED 5. Consider approving the purchase of eight (8) LifePak 12 defibrillators to be used on the City's EMS ambulances - Resolution 06-346 Administration recommended the purchase of eight (8) LifePak 12 defibrillators and accessories from Medtronic Physio-Control of Redmond, WA in the amount of$123,185. Cardiac monitors, known as defibrillators, are installed on the City's EMS ambulances and are operated by trained Emergency Medical Technicians and Paramedics who provide advanced life support to patients suffering from cardiac arrest and/or cardiac arrhythmia. The defibrillator is used to direct a brief high-energy pulse of electricity to the heart by using electrodes or paddles applied directly to the chest. Paramedics gather and enter information, such as the patient's name, age, gender, and vital signs, into the defibrillator's computer while the defibrillator monitors the patient's condition based on information such as the oxygen content in the blood, the heart beat rhythm, and the shock tally. A report of the patient's condition is transmitted through the ambulance's cellular phone system to the emergency room where the attending physician can begin an evaluation prior to the patient's actual arrival in order to better prepare for the patient and begin treatment more quickly. Funds for this expenditure are budgeted in the Capital Reserve Fund. Councilmember Ames made a motion to APPROVE RESOLUTION 06-346 THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF EIGHT (8) LIFEPAK 12 DEFIBRILLATORS AND ACCESSORIES TO BE INSTALLED ON THE CITY'S EMS AMBULANCES FROM MEDTRONIC PHYSIO- CONTROL, REDMOND, WASHINGTON, IN THE TOTAL AMOUNT OF $123,185.00. Mayor Pro Tern Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving a total payment of$25,000 to the Bracewell & Giuliani Law Firm and the Ben Barnes Group for lobbying assistance at the federal and state level - Resolution 06-347 The City Council approved funding for the Firms in the amount of$25,000 on June 6, 2006. Other Southeast Texas cities and governmental entities also made contributions to the Firms. As a part of the $74.5 million in Community Development Block Grant funds awarded to the State of Texas, the City of Beaumont will receive $5,145,000 for recovery funding utilized for Emergency Repair, Home Owner Occupied Rehabilitation and Single-Family Rental Rehabilitation Programs. Additional Community Development Block Grant funds have also been awarded to the State of Texas. The Firms were instrumental in helping secure the federal funding as well as increased reimbursements from the Federal Emergency Management Agency. Page 6 of 9 Minutes-November 7,2006 Funds are available for this payment from a$100,000 donation which was made to the City from Farmers Insurance Group. Councilmember Ames made a motion to APPROVE RESOLUTION 06-347 THAT THE CITY COUNCIL HEREBY APPROVES PAYMENT IN THE AMOUNT OF $25,000 TO BRACEWELL &GIULIANI LAW FIRM AND THE BEN BARENS GROUP FOR LOBBYING ASSISTANCE AT THE FEDERAL STATE LEVEL FOR FUNDS IN THE RECOVERY EFFORT FROM HURRICANE RITA. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM BEAULIEU, COUNCILMEMBERS AMES, SAMUEL AND PATTERSON NAYS: NONE MOTION PASSED Mayor Goodson expressed the gratitude of the City to Regina Rogers for her assistance in the hiring of the Firms and paid for their services for a number of months after Hurricane Rita to ensure that Beaumont and Southeast Texas received its fair share of federal and state funding for recovery efforts. 7. Consider approving a contract for the construction of the Central Park Community Center This item was deferred until next agenda. WORKSESSION Receive a status report related to high grass, litter, junk motor vehicles and dilapidated structures Worksession convened at 2:20 p.m. Kathy Scofield, Health Services Manager presented the first part of the worksession. A powerpoint presentation was made of the responsibilities and goals of the Public Health Department. These included the immediate challenges, program overview, goals and objectives, staffing, enforcement procedures, environmental court, types of properties maintained (abandoned, city lots and privately owned lots), program changes and flow charts to help clarify procedures. Chris Boone, Development Services Manager presented the second half of the worksession. This included inspections, complaints, one inspector assigned to the Oaks Historic District, visual appearance, health and safety issues which are being done at the current time and future plans in these areas. There was then a question and answer session by Council. Several main issues were discussed. The most important was that consistency must follow. It was suggested that the Task Force have a member from the Environment Court placed on the team. Also, an update was requested from the Task Force. Prisoner labor projects were discussed to help find some special projects that the City could benefit from. Worksession ended at 3:10 p.m. Page 7 of 9 Minutes-November 7,2006 COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER AMES - COMMUNITY SERVICE BENEFIT ANNOUNCEMENT MAYOR PRO TEM BEAULIEU - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR GOODSON - REMINDED EVERYBODY THAT TODAY IS ELECTION DAY AND THAT EVERYBODY SHOULD EXERCISE THEIR RIGHT AND GET OUT AND VOTE Public Comments (Persons are limited to three minutes) Roberto C. Flores, Sr. 2425 Buchanan Beaumont TX Gave to each Councilmember a copy of the neighborhood plan which was approved almost seven years ago which describes a lot of things that would occur in the future and included in this plan is the diversity of the area; this area is the main area to downtown Beaumont and the needs of the area need to be addressed; this neighborhood would like help to expand for tourism Frank Kifer 3190 Willowood Beaumont TX Spoke on behalf of the Minglewood Addition and their concerns about neighbors building wooden fences which restrict the flow of water from adjacent property owners and close easements which is illegal; this is causing flooding of other neighborhood properties; this is causing health and safety problems including rodents and snakes Jim Rich 1110 Park Street Beaumont TX President of the Greater Beaumont Chamber of Commerce - feels that in his position he gets to interact with a lot of people, businesses and other cities, feels that we have the kind of City Council we have here as well as a great City Manager; feels that the firefighters need to look at their tactics Coy W. Hopkins Sr. 3202 Ave B Beaumont TX Would like the City to reconsider the smoking ordinance to make more enforceable; feels that there are too many loopholes that permit smoking in businesses where the public attend Page 8 of 9 Minutes-November 7,2006 Tommy May 4670 W. Abrahms Pine Forest TX Passed out information about the Houston firefighters; this information tells about how Houston has changed from a three man engine company and why they have changed to a four man unit: the death of a fireman as well as other tenets in the fire structure; wants to know if Beaumont is waiting for such a tragedy to happen before they go to the state law of a four man unit Galen Key 2836 Old Spurger Hwy Silsbee TX Quoted an editorial section from the Beaumont Enterprise and wanted to correct the information to clarify that Beaumont does not have any four man engine crews even though the Standard requires a four man crew; Beaumont has three men on engines, 12 engines, 36 people; staffing levels are not adequate as far as any Standard; smaller towns have four men on engine crews John Werner 1 Oakleigh Blvd Beaumont TX Feels that the staffing is basically left to the City Manager and the City Council and can not be negotiated; feels that the budget issue is with the City Manager and the way the budget is set up; feels that the city improvements and the way the financing is done, there is plenty of money for the city improvements but not money necessarily for the public issues which do affect all the citizens of Beaumont on daily basis Open session of meeting recessed at 3:30 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Entergy Gulf States, Inc.'s Application for Determination of Hurricane Reconstruction Costs, Public Utility Commission Docket No. 32907 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 Clerk There being no action taken in Executive Session, Council adjourned. Audio pe are ailab a upon request in the City Clerk's Office. i; MO�� Guy N. Goodson, Mayor ��� �'�`��// V sees e "' Rose Ann Jones, TRM City Clerk Page 9 of 9 w Minutes-November 7,2006