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Home My WebLink AboutMIN AUG 12 2008 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Williams-Wright, At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Mayor Pro Tem,Ward III August 12, 2008 Jamie Smith, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on August 12, 2008, 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 1-8/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Christopher Moody of First Baptist Church gave the invocation. Bianca Broussard, Ozen High School Cheerleader, led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Samuel, Councilmembers Coleman, Beaulieu,Wright, Pate and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Celebration for Women Week" - August 11 - 17, 2008 - Proclamation read by Councilmember Beaulieu; accepted by Morline Guillory, President Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda. C.L. Sherman 585 Belvedere Beaumont TX Spoke regarding Agenda Item #4; the proposed 2008 tax rate CONSENT AGENDA Approval of minutes - July 29, 2008 Minutes-August 12,2008 Confirmation of committee appointments - None A) Authorized the City Manager to accept money fora regional Companion Animal Evacuation Project through the FY 2008 Nelda C. and J. J. Lutcher Stark Foundation grant program - Resolution 08 - 221 B) Approve a resolution accepting maintenance of the street, storm sewer,water and sanitary sewer improvements in the Barrington Heights VIII subdivision - Resolution 08 - 222 C) Adopt a resolution supporting the completion of Interstate 10 to the Texas State Line - Resolution 08 - 223 D) Authorize the granting of a Pipeline License Agreement to cross Sulphur Drive and Highland Avenue rights-of-way - Resolution 08 - 224 Councilmember Pate made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending the FY 2008 Budget to transfer funds from the General Fund's fund balance to the Capital Reserve Fund,the Municipal Transit Fund,and the Street Improvement Fund. Administration recommended that Council amend the FY 2008 Budget by increasing the transfers out by $6.3 Million from the fund balance in the General Fund to the Capital Reserve Fund, the Municipal Transit Fund, and the Street Improvement Fund. By the end of Fiscal Year 2008, the fund balance in the General Fund is projected to be approximately $27.5 Million. The proposed amendment would be allocated as follows: Transfer To: Proposed Amendment Capital Reserve Fund $3,000,000 Municipal Transit Fund 300,000 Street Improvement Fund 3,000,000 Total General Fund Amendment $6,300,000 Page 2 of 10 Minutes-August 12,2008 The Capital Reserve Fund is used for facility improvements as well as vehicle and equipment purchases. Transferring $3 Million from the General Fund to Capital Reserve will allow the City to use cash instead of long-term financing to fund enhancements to facilities throughout the City and make fleet purchases without incurring interest costs. The Municipal Transit Fund accounts for all of the revenue and expenditures related to the City's municipal transit system. Transit capital expenditures budgeted in FY 2008 will not be spent; however, operating expenditures have exceeded the amount budgeted due to increased fuel and maintenance costs. The transfer of$300,000 will keep the fund solvent. The Street Improvement Fund is part of the Capital Program. It accounts for major street construction and rehabilitation projects. A transfer of$3 Million will allow cash to be used for street rehabilitation projects citywide instead of financing them. Approximately$250,000 will be utilized for a pavement management system. On February 12, 2008,Tom Warner, Public Works Director, conducted a work session on the City of Beaumont's Street Program and the need for a pavement management system. The system will provide impact, cost, and performance data on alternative maintenance techniques and strategies to better use the City's resources to most efficiently address the maintenance of streets. By the end of Fiscal Year 2008, fund balance in the General Fund is projected to be approximately $27.5 Million. After making the recommended $6.3 Million transfer, the remaining fund balance will be approximately$21.2 Million. This is a healthy fund balance for the General Fund providing reserves for future unforeseen items and occurrences. Mayor Pro Tern Samuel moved to ADOPT AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2008 TO TRANSFER$6,300,000 FROM THE GENERAL FUND TO THE CAPITAL RESERVE FUND, THE MUNICIPAL TRANSIT FUND, AND THE STREET IMPROVEMENT FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 064 2. Receive the proposed FY 2009 Budget and schedule a public hearing. Administration recommended Council schedule a public hearing on September 2, 2008 at 1:30 p.m. in the Council Chambers related to the proposed FY 2009 Budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish the notice of the public hearing. Page 3 of 10 Minutes-August 12,2008 A work session on the proposed FY 2009 Budget will be held on September 2, 2008. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE PROPOSED FY 2009 BUDGET FOR THE CITY OF BEAUMONT BE AND IT IS HEREBY RECEIVED AND THAT A PUBLIC HEARING TO CONSIDER THE PROPOSED FY 2009 BUDGET FOR THE CITY OF BEAUMONT SHALL BE HELD SEPTEMBER 2, 2008 AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, LOCATED AT 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 225 3. Receive the proposed FY 2009 Capital Program and schedule a public hearing. Administration recommended Council schedule a public hearing on September 2, 2008 at 1:30 p.m. in the Council Chambers related to the proposed 2009 Capital Program. The proposed 2009 Capital Program was originally submitted to Council on May 13, 2008. Revisions have been made to the original proposed document. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing. The Capital Program will be reviewed with Council at a work session on September 2, 2008. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE PROPOSED FY 2009 CAPITAL PROGRAM FOR THE CITY OF BEAUMONT BE AND IT IS HEREBY RECEIVED AND THAT A PUBLIC HEARING TO CONSIDER THE PROPOSED FY 2009 CAPITAL PROGRAM FOR THE CITY OF BEAUMONT SHALL BE HELD SEPTEMBER 2,2008 AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS, LOCATED AT 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 226 4. Consider establishing and taking a record vote on the proposed 2008 tax rate and schedule public hearings. Page 4 of 10 Minutes-August 12,2008 Chapter 26 of the State Property Tax Code requires taxing units to comply with truth-in- taxation laws in adopting their tax rate. According to Senate Bill 18, governing bodies are required to hold two public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective rate. Although the proposed tax rate of$0.640 exceeds the effective tax rate,the proposed rate is less than the prior year's tax rate of$0.654 by 1.4 cents. The tax rate has been lowered each of the past three (3) years. This proposed reduction is the largest in the last ten years. Administration recommended Council establish a tax rate required to support the City Manager's proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of$0.649777 or the effective tax rate of $0.590341, the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The proposed tax rate of$0.640000 is less than the roll back rate of$0.649777 by $0.009777 and exceeds the effective tax rate of$0.590341 by $0.049659. If the motion passes, two public hearings must be scheduled regarding the proposed tax rate. It is recommended that the public hearings be held on August 26, 2008 and September 2, 2008 at 1:30 p.m. in the Council Chambers. Mayor Pro Tern Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL FOR THE CITY OF BEAUMONT WILL CONSIDER AT A FUTURE MEETING THE PROPOSED TAX RATE WHICH WILL EFFECTIVELY INCREASE THE TOTAL TAX REVENUES FROM THE PROPERTIES ON THE TAX ROLL IN THE PRECEDING YEAR AND THAT THE PROPOSED TAX RATE OF$0.640 IS NECESSARY TO SUPPORT THE CITY MANAGER'S BUDGET IS HEREBY SCHEDULED FOR CONSIDERATION AT TWO (2)PUBLIC HEARINGS TO BE HELD ON AUGUST 26,2008,AND SEPTEMBER 2,2008,AT 1:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 227 5. Consider approving a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision. ExxonMobil and the Port of Beaumont have applied for the abandonments. With the exception of those above,all other properties have been purchased and/or obtained by ExxonMobil Corporation or the Port of Beaumont. Page 5 of 10 Minutes-August 12,2008 At a Regular Meeting held June 16, 2008,the Planning Commission recommended approval 5:0:2 to abandon portions of Fulton Avenue, Burt Street,Tagore Street, Grove Street, Grant Street, Buford Street,Jamison Street and the alley in Block 4, Oakwood Subdivision.subject to the following conditions: 1. Retain the abandoned rights-of-way as drainage easements for drainage facilities within the rights-of-way. 2. Relocate water meters, as required. 3. Any work or maintenance in these areas needs to be under the safety guidelines or procedures of the City of Beaumont. 4. Retain the abandoned rights-of-way of Burt and Buford as utility easements for Water Utilities facilities within these rights-of-way. Mayor Pro Tern Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING PORTIONS OF FULTON AVENUE, BURT STREET, TAGORE STREET, GROVE STREET, GRANT STREET, BUFORD STREET, JAMISON STREET AND THE ALLEY IN BLOCK 4, OAKWOOD SUBDIVISION,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 065 6. Consider approving the remounting of two (2) EMS ambulance boxes onto new cabs and chassis. Administration recommended approval of the purchase from Frazer, Ltd. of Bellaire,Texas, through the Houston-Galveston Area Council(H-GAC)cooperative purchasing program for a total of $67,050. The Fleet Replacement schedule for Fiscal Year 2008 included replacing two(2)ambulance cabs and chassis and refurbishing two (2) modules. The units being refurbished are Unit 7132,which was purchased in 2000, and Unit 7133 that was purchased in 2001 from Frazer, Ltd. When these units are completed, they will become front line units. Funds are budgeted in the Capital Reserve Fund. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY, AUTHORIZED TO APPROVE THE PURCHASE OF TWO (2) EMS AMBULANCE BOXES TO BE MOUNTED ONTO UNIT 7132 AND UNIT 7133 FROM FRAZER, LTD. OF BELLAIRE, TEXAS,THROUGH THE HOUSTON-GALVESTON AREA COUNCIL(H-GAC)COOPERATIVE PURCHASING PROGRAM FOR A TOTAL AMOUNT OF $67,050. Councilmember Pate seconded the motion. Page 6 of 10 Minutes-August 12,2008 AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 08 - 228 7. Consider amending Section 21-75 of the Code of Ordinances relating to authorized police positions. Item deferred by Council 8. Consider granting a new solid waste collection and transportation service franchise-Third and Final Reading. i Administration recommended granting a solid waste collection and transportation service franchise to Mr. Garbage, LLC. Mr. Garbage is locally owned and operated with its corporate office located at 4745 Fannett Road in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%)of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. The first reading of this item took place at the June 24, 2008 council meeting. The second reading of this item took place at the July 29, 2008 council meeting. A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 08 - 053 Page 7 of 10 Minutes-August 12,2008 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH- CONGRATULATED MAYOR AMES ON BEING HONORED AS A PIONEERING WOMAN, ANNOUNCED THE SCHOOL SUPPLY DRIVE, ALONG WITH THE PRIDE OF BEAUMONT ON SATURDAY, AUGUST 16, 2008, AT THE STERLING PRUITT COMMUNITY CENTER FROM 11:00 A.M.TO 3:00 P.M.,ALSO NEIGHBORS IN THE PARK WILL FOLLOW THE EVENT AT THE ACTIVITY CENTER FROM 3:30 P.M. TO 8:30 P.M. MAYOR PRO TEM SAMUEL- CONGRATULATED MAYOR AMES ON BEING HONORED AS A PIONEERING WOMAN, ALSO LOOKING FORWARD TO THE SCHOOL SUPPLY DRIVE AND THE NEIGHBORS IN THE PARK TO BE HELD ON SATURDAY,AUGUST 16,2008,COMMENTED ON THE PLAQUE UNVEILING AT THE CHARLTON POLLARD PARK, WHICH WAS A TRIBUTE TO SOME OF THE PIONEERS FROM THE CHARLTON POLLARD AREA, AS WELL AS THE HISTORY OF THE CHARLTON POLLARD NEIGHBORHOOD, ALSO THANKED THE CHARLTON POLLARD NEIGHBORHOOD ASSOCIATION FOR THE EVENT, RECOGNIZED SHELBY MCSHANE WHO ATTENDED THE MEETING ON BEHALF OF HER CLASS, BCD DRIVING COUNCILMEMBER PATE - CONGRATULATED MAYOR AMES ON THE PIONEERING WOMAN AWARD,APOLOGIZED FOR MISSING THE CHARLTON POLLARD PROGRAM DUE TO A TRIP TO NEW ORLEANS, COMMENTED ON HIS VISIT, STATED THAT PROGRESS HAS BEEN MADE BUT THERE IS STILL WORK TO BE DONE, COMMENTED ON THE CITY OF BEAUMONT WATER TOWER THAT IS PICTURED ON THE FRONT OF THE TEXAS WATER UTILITIES JOURNAL,COMPLIMENTED DR.HANI TOHME AND STAFF AT THE WATER UTILITIES DEPARTMENT COUNCILMEMBER WRIGHT- CONGRATULATED THE PIONEERING WOMEN, STATED THAT MAYOR LORD IS ALSO A PIONEERING WOMAN,COMMENTED ON THE CHARLTON POLLARD PARK PLAQUE UNVEILING, THANKED MS.ARDOIN AND THE EXECUTIVE BOARD FOR ALL THAT THEY HAVE DONE, COMMENTED ON MS. RUTH WHITE AND MS.OLLIE GRAVES WHO ARE THE OLDEST CITIZENS IN THE NEIGHBORHOOD,SPOKE ON THE REMEMBRANCE OF HER NEIGHBORHOOD WHEN SHE WAS YOUNG, COMMENTED ON THE AMELIA NEIGHBORHOOD ASSOCIATION MEETING,GOOD TO SEE THE CITIZENS OF THE ASSOCIATION WORKING TO GET THINGS DONE, COMPLIMENTED COUNCILMEMBER BEAULIEU ON HER WORK FOR THE RAILROAD QUITE ZONE AS WELL AS COUNCILMEMBER SMITH FOR SUPPORTING SOUTH PARK AND THE OTHER NEIGHBORHOOD Page 8 of 10 Minutes-August 12,2008 ASSOCIATIONS IN HIS WARD, ALSO SPOKE ABOUT THE SOUTH END NEIGHBORHOOD ASSOCIATION AND THEIR WEED AND SEED PROGRAM, APOLOGIZED TO COUNCILMEMBER PATE FOR NOTATTENDING HIS BIRTHDAY CELEBRATION COUNCILMEMBER BEAULIEU - THANKED COUNCILMEMBER WRIGHT FOR ATTENDING THE AMELIA NEIGHBORHOOD ASSOCIATION, COMMENTED ON THE WONDERFUL JOB THE ASSOCIATION HAS DONE REGARDING THE RAILROAD QUITE ZONE PILOT PROGRAM, APOLOGIZED FOR MISSING THE CHARLTON POLLARD UNVEILING, THANKED EVERYONE FOR ATTENDING THE MEETING COUNCILMEMBER COLEMAN - CONGRATULATED MAYOR AMES ON BEING HONORED AS A PIONEERING WOMAN,THANKED TIM OCNASCHECK ON THE GREAT JOB THAT WAS DONE FOR THE PREPARATION OF TROPICAL STORM EDOUARD,COMMENTED ON THERE BEING NO CASES OF WEST NILE REPORTED IN JEFFERSON COUNTY CITY ATTORNEY COOPER- CONGRATULATED MAYOR AMES ON BEING HONORED AS A PIONEERING WOMAN, WISHED COUNCILMEMBER SMITH A HAPPY BIRTHDAY CITY MANAGER HAYES- CONGRATULATED MAYOR AMES ON BEING HONORED AS A PIONEERING WOMAN, WISHED COUNCILMEMBER JAMIE SMITH A HAPPY BIRTHDAY, COMMENTED ON TROPICAL STORM EDOUARD, THANKED TIM OCNASCHECK, EMERGENCY MANAGEMENT COORDINATOR, AS WELL AS PATRICK GRIMES,ASSISTANT COORDINATOR,THE WATER DEPARTMENT, EMS, DEPARTMENT DIRECTORS, EMPLOYEES, PUBLIC WORKS, STREETS AND DRAINAGE, POLICE AND FIRE DEPARTMENTS AND TECHNOLOGY SERVICES FOR ALL THAT THEY DID TO PREPARE FOR THE STORM MAYOR AMES- EXPRESSED GRATITUDE TO THE EMERGENCY MANAGEMENT TEAM,TIM OCNASCHECK,PATRICK GRIMES AND CRYSTAL HOLMES AND EVERYONE THAT WAS INVOLVED Public Comments (Persons are limited to three minutes) Page 9 of 10 Minutes-August 12,2008 Louis Vaughn 9615 Mapes Beaumont TX Spoke regarding the Public Works Project for FY 2009 - 2011 which does not reflect any projects in the West Oakland and Pear Orchard Addition regarding sewage, streets and flooding issues Johneen Ardoin 1401 Park Beaumont TX Commented on the plaque unveiling that took place on Saturday, August 9, 2008, thanked Mayor Pro Tern Samuel and Councilmember Wright for their attendance,thanked the City for all of their help in making the event a success Bruce Hoffer 2615 Gladys Beaumont TX Commented on the picture of the Mayor in the paper,the water tower on the front of the Texas Water Utilities Journal,discussed soccer registration, announced the Annual Kick Off Soccer Tournament on August 23, 2008, which will be an all day event Open session of meeting recessed at 2:24 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Linda Thomas v. City of Beaumont, et al. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. &I Aw �y�-p°tJM�NTh�i ecky Am ayor �c 11 Ail, "Aancull % ' Tina Broussard, City Clerk ��, AW Page 10 of 10 Minutes-August 12,2008