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HomeMy WebLinkAboutPACKET MAY 12 2009 RICH WITH OPPORTUNITY BEA,UMON* T - E - % - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 12, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Rob Clark would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Mayor Becky Ames) Sharon Kirksey Juncker would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Mayor Becky Ames) Kathryn Walker would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Councilmember Alan B. Coleman) John Stafford would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Councilmember Gethrel Williams- Wright) Elizabeth Petit would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Councilmember Nancy Beaulieu) Julee Baldridge would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Councilmember W.L. Pate, Jr.) Harold Haynes would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Councilmember Jamie D. Smith) Belashia Johnson would be appointed to the Ad Hoc Committee for Recycling. The term would commence May 12, 2009 and expire May 11, 2010. (Mayor Pro-Tern Audwin M. Samuel) Lynda Kay Makin would be reappointed to the Planning and Zoning Commission. The current term would expire April 14, 2012. (Mayor Becky Ames) Lynda Kay Makin would be reappointed as Chairman to the Planning And Zoning Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) Patrick Gibbs would be reappointed as Vice Chairman to the Planning and Zoning Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) A) Authorize a five percent (5%) increase to the annual base wages of the Chief Magistrate, Craig Lively B) Authorize the settlement of the claims of Harold Butler and Tiffany Butler C) Authorize the City Manager to execute the renewal of a lease agreement with the Beaumont Independent School District for an irregularly shaped parcel of land fronting College Street between Neches and Trinity Streets D) Approve the purchase of five(5)Bullard T3 Max Thermal Imaging Systems for use by the Fire Department A RICH WITH OPPORTUNITY r C ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorn06--" MEETING DATE: May 12, 2009 REQUESTED ACTION: Consider an resolution authorizing a five percent(5%) increase to the annual base wages of the Chief Magistrate, Craig Lively. RECOMMENDATION Administration recommends approval of a resolution authorizing a five,percent (5%) increase to the annual base wages of the Chief Magistrate, Craig Lively. BACKGROUND On February 17, 2009, the City Council designated Craig Lively as the Chief Magistrate of the City of Beaumont Municipal Court. This designation was made without additional compensation. Council discussed in Executive Session the need for additional compensation in light of the fact that the designation carries additional responsibilities. All other benefits extended to civilian employees will continue to be provided to Judge Lively. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective May 12, 2009,the annual base wages of the Chief Magistrate, Craig Lively, will be increased five percent (5%). Notwithstanding the foregoing compensation, all other benefits and terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY 1117EA,111�1011�9( T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ��// PREPARED BY: Tyrone E. Cooper, City Attorne�' MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claims of Harold Butler and Tiffany Butler. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claims of Harold Butler and Tiffany Butler. BACKGROUND Council discussed the settlement of these claims in Executive Session on April 21, 2009. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the amounts as shown: Harold Butler and Jeffrey C. Chilton, Attorney $21,000 Tiffany Butler and Jeffrey C. Chilton, Attorney $7,500 RESOLUTION NO. WHEREAS, the claims of Harold Butler and Tiffany Butler have been discussed in an Executive Session properly called and held Tuesday, April 21, 2009; and, WHEREAS, the Council desires to authorize the settlement of the claims; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claims of Harold Butler in the amount of Twenty-One Thousand Dollars($21,000)and Tiffany Butler in the amount of Seven Thousand Five-Hundred Dollars ($7,500). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY r T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement. RECOMMENDATION Administration recommends authorizing the City Manager to execute the renewal of a lease agreement with Beaumont Independent School District (BISD) for a term of five (5) years. The new lease will begin April 20, 2009 and expire on April 19, 2014. BACKGROUND Since 1994, the City of Beaumont has leased the small parcel of property fronting College Street, between Neches and Trinity Streets, adjoining the College/Wall Street Connecter. The City maintains the landscaping. BISD has presented the renewal at their Board Meeting and approved it, as evidenced by the attached executed lease. BUDGETARY IMPACT As consideration for the leased premises, the City agrees to pay BISD an annual rental of Ten Dollars ($10.00), for a total of Fifty Dollars ($50.00) for the five-year term of the lease. Funds are available in the Parks and Property Services Division's operating budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a five (5) year renewal lease agreement with Beaumont Independent School District for property fronting College Street, between Neches and Trinity Streets, adjoining the College/Wall Street Connector, at an annual rental fee of $10.00 for a total of Fifty Dollars ($50.00) for the five (5) year term beginning April 20, 2009, and ending on April 19, 2014. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - TH V$TATF.OF TEXAS S ,00-LINTY C P J Ff EASON .LEASE AGREEMENT WHEREAS,8MUIX ONT FNt.3SPEN.ANT SCHOOL flfSTRfCT EYISD).Mvls e srrtafl,leret�e�iar+y-skra d parcel of landin the Wlage Square ftc'k of the otVrtl tm#n site of Bet rjmoK.leftsm Oeumty,.Texas,TmAs Abstract No.-W konfm on Co Street,betwoen Neches end T04 Stivets,adjolnft the C dlegeMfOK St ftt Connecter project,which parcel is not(Mserr4y needed for-aftcationel purposes,and WHEREAS,THE CITY OF BEA.UMON'i,Tl �(OtY-:)'Wisheg tO{ease that parcel lrorn 8.180 fnr a Iardscaping pwjedt as pert of Its eonttrtuN.e rf to beef its thorouahlares;. NOW,THEREFORE,pursuant to the eut ity grid to the undamigmed by the governing badiies of ft mpeeUve Ol'itfeel en6dos,BISD and Clty enter Into the fdllvwing lea e-agraetrwt ireferable to sail ad ptogerty: 1, Term Tho Initial torm of this[ease will be fGva•(6)yetys fmm.date of execution,city may apply in wr3ing to 8180 for axtenmem of the lease in add€ttonal Increments of five(5)yors- .z`, Termination. Either p"'maytermtnate tbo Leese-agreement upon 1:20 days.notice in wrltfng tQ the otheir. In the overtt of temlMatton, QKy agrees to remove at b cmt iirorm subJed prernls6s aff 1 mprovemerft arld to restore the site to its gener.'al W.d[t'tnti as It was prior to ekechAan of this lease. EXHIBIT "A" 3. Ran City Ogif PayBW an OrMMI rortial Of TO'n Ooilpr5 duewid.pdyabte In advanoo on 1heMnIvereary CLIAa cd-OxoWtion of the lease Eveerwnt-wNcft amunt 1cv:dP-w)ed�thp parties ta ke good and valuabip conalderaWn. 4. PumosegN. Usea, Cify htemds to use sttbledt pretntses as OL Iandsmping project,-aspar-tof its city may instalf fences,vonum6m%mambirf6ts,shrubs and Othot piiantaWris,and#Lft other .dacaraftva fixtums as may be cbnsWW with Its thomu*.ft-e beautfteffich project. City tay not efrett,ahy permawt buildings or other struMres on sU*0- prsmises)Mthoqt pri4r writton Approval of$130. 5. Asaumgon.of Risks of Liability. tY assumes all risks of RaWity asstcigted with ftS leasing of.subjo.ct p.r6TKIsK As sN forfh mam*9pedficaffy In ft 1(atter to BiSD from Laura CM,its Qw.Frnari�w Ofrz or s aoohed her atzLn d incorporated by reference f6r aii purposes. 6. Assignment. This lease agmernartt may nQt be assigned,or so4jeat ,promises sublet by.Ofty,witt=tte pHb.r V&ftttn perm!".ort.of'BiSu. T tnaurartbe.- Olty attaii furntfi to BM 6 vtsad4rd Wev afsssum.pltbn of responsiblifty referable to Me CWs apt!yIM*on or use of subject promises. 8. Notices. AD nedice mquirement hereunder shfdr be croemed to have boeo met if made by rorttfied mail,retu?n receipt reqm&ted,and adiclressed'to: a.Melstmit SupeA teri deM for Adrtti MrArationlOpefatvws� b.Ch W(n4gees Once Beaumont f.$.D. OIty of BeatamoM '3305 Hardsm AWa. P b.Oox MV 'Beaumont,Tx.77706 B.eamont,Tx 77704 Becuted in dupfiwte origina4 on.the -day of I EACt6�1 �'JA D.LES90 By:. Tor In ant As Nrrtende far cHztihlstiatt4;nfOpemffons CRY aF I AUMONT, Ll=-SBEE_ ray: Kyle Hayes city Manaw EXHIBIT"H" Page 5 of 8 STATE OF TEXAS S S BEAUMONT INDEPENDENT SCHOOL DISTRICT COUNTY OF JEFFERSON S RESOLUTION WHEREAS, BEAUMONT ISD (BISD)owns a small,irregularly shaped parcel of land in the College Square Block of the original town site of Beaumont,Jefferson County,Texas,Travis Abstract No. 52,fronting College Street, between Neches and Trinity Streets, adjoining the College/Wall Street Connecter project, and WHEREAS,this parcel is not presently in use for educational purposes,and indeed has no utility for educational purposes,thereby rendering it surplus,and WHEREAS,the City of Beaumont,Texas (City)wishes to lease the referenced parcel from BISD for a landscaping project,as part of its continuing effort to beautify its thoroughfares: NOW,THEREFORE, BE IT RESOLVED, by the Board of Trustees, Beaumont I.S.D.,that Mr.Terry A. Ingram,Assistant Superintendent for Administration/Operations, Beaumont I.S.D., is hereby authorized to enter into a lease agreement relative to that parcel with the City of Beaumont, copy of such lease agreement being attached hereto and Incorporated by reference as Exhibit A,and Mr. Ingram is further authorized to take such additional administrative steps as may be necessary to complete this lease transaction with the City of Beaumont. DONE as a valid action of the Board of Trustees, Beaumont I.S.D., at a duly EXHIBIT"H" Page 6.of 8 noticed regular meeting of its Board of Trustees,held on March 19,2009 at which a quorum was present and voting. Woodrow Reece President,Board of Trustees ATTEST: Terry D.Will n- s� Secretary, Board of Trustees EXHIBIT"H" Page 4 of 8 a.Assistant Superintendent for Administration/Operations b.City Manager's Office Beaumont I.S.D. City of Beaumont 3395 Harrison Ave. P O Box 3827 Beaumont, Tx.77706 Beaumont,Tx.77704 Executed in duplicate originals on the day of ,2009 BEAUMONT I.S.D.LESSO By: J�� � Terry A.Ing m Assistant uperintendent�dministration/Operations CITY OF BEAUMONT, LESSEE By: Kyle Hayes City Manager RICH WITH OPPORTUNITY D 1111EA► ( T • E . X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer W MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider approving the purchase of five (5) Bullard T3 Max Thermal Imaging Systems for use by the Fire Department. RECOMMENDATION The Administration recommends approval of the purchase from Metro Fire Apparatus Specialists, Inc., of Houston, Texas, in the amount of$52,920. BACKGROUND Pricing for these units is obtained through The Houston-Galveston Area Council. H-GAC is a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. H-GAC complies with State of Texas procurement statutes. Thermal Imaging cameras provide real-time imaging through smoke and fire. They offer increased fire fighting efficiency by locating persons in smoke filled environments. In addition, they substantially improve firefighter safety by revealing hidden fires within structures. Each system consists of a camera with a truck mounted charger at a cost of$10,584. The Department currently has four(4) of these systems. Three (3) are placed on District Chief cars and one (1) is on Engine 14 in north Beaumont. It is anticipated that the five (5)new systems will be placed on Engines 2, 3, 6, 9, and 11. BUDGETARY IMPACT Funds are available in the Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of five (5) Bullard T3 Max Thermal Imaging Systems in the amount of$52,920 from Metro Fire Apparatus Specialists, Inc., of Houston, Texas, through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program for use by the Fire Department. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY 1 T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 12, 2409 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 9, 2009 City General Election * Administration of the oath of office * Recess RECONVENE MEETING * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving the renewal of the fire, extended coverage, flood and quake property insurance policy 2. Consider amending the FY2009 Budget related to the Hotel Occupancy Tax Fund 3. Consider approving a payment for the emergency repair of a 2002 136M Mustang dozer 4. Consider authorizing the City Manager to execute the renewal of a Lease and Management Agreement with the Jefferson Theatre Limited Partnership 5. Consider approving a change order for the EMS Medical Station No. 2 Project WORKSESSION * Review and discuss amending the Consolidated Grant Program's 2008 Annual Actual Plan relating to the Homelessness Prevention and Rapid Re-Housing Program 6. Consider approving a resolution amending the Consolidated Grant Program's 2008 Annual Actual Plan relating to the Homelessness Prevention and Rapid Re- Housing Program WORKSESSION * Review and discuss potential funding for the Experience Corps Program 7. Consider approving a resolution amending the Consolidated Grant Program's 2009 Annual Action Plan WORKSESSION * Review and discuss guidelines for towing uninsured motor vehicles COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: In the Matter of Arbitration between the City of Beaumont and Keith D. Breiner Derrick Newman v. David Todd Burke, et al Beaumont Police Officers Association v. the City of Beaumont, Texas Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. May 12,2009 Consider approval of an ordinance canvassing the results of the May 9, 2009 City General Election RICH WITH OPPORTUNITY 17L T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 12, 2009 REQUESTED ACTION: May 6, 2009 RECOMMENDATION Council to approve an ordinance electing a Mayor, two (2) Councilmembers-At-Large, and four(4) Councilmembers for Wards I, II, III and IV. The Cit of Beaumont Cancelled its General Election on March 24, 2009 due to candidates running unopposed. The General Election was May 9, 2009. BACKGROUND In 1995,the Texas Legislature amended the Election Code to permit the cancellation of an election under certain circumstances. To cancel an election, the governing body must first receive and accept the certification that all candidates in the election are unopposed from the authority responsible for preparing the ballot. The Certification of Unopposed Candidates and the Order of Cancellation must be adopted in an open meeting. The cancellation was done in an open meeting on March 24,2009 by Ordinance 09- 012. Candidates must wait until on or after Election Day to take the oath of office. These provisions are set forth in accordance with Section 2.053 of the Election Code. BUDGETARY IMPACT None ORDINANCE NO. ENTITLED AN ORDINANCE DECLARING THE ELECTION OF A MAYOR, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III, AND IV) AND TWO (2) COUNCILMEMBERS AT LARGE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, by Ordinance No. 09-012 dated March 24,2009, cancelled the general election previously ordered to be held on May 9, 2009, for the reason that all candidates for election to office that were to appear on the ballot were unopposed and deemed elected; and WHEREAS, the City Council finds that the candidates qualify for office; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: Section 1. THAT the facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. THAT the following named persons are elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor - Becky Ames For Councilmember-at-Large - Gethrel Williams Wright For Councilmember-at-Large - W. L. Pate, Jr. For Councilmember Ward I - Alan B. Coleman For Councilmember Ward II - Nancy Beaulieu For Councilmember Ward III - Audwin M. Samuel For Councilmember Ward IV - Jamie Smith Section 3. THAT if any section, subsection, sentence, clause or phrase of this Ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this Ordinance and, to such end,the various portions or provisions of this Ordinance are declared to be severable; and the City Council of the City of Beaumont declares it would have passed each and every part of the same, notwithstanding the omission of any such part thus declared to be invalid or unconstitutional or whether there be one or more parts. Section 4. THAT all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Beck Ames - Y Y 1 May 12, 2009 Consider approving the renewal of the fire, extended coverage, flood and quake property insurance policy RICH WITH OPPORTUNITY 1 T • E • x * A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider the renewal of the fire, extended coverage, flood and quake property insurance policy. RECOMMENDATION Administration recommends the approval to renew the fire, extended coverage, flood and quake property insurance policy effective May 1, 2009 to McGriff, Seibels&Williams of Dallas, Texas in the amount of$1,332,279. BACKGROUND The current property insurance policy awarded in 2007 included a three(3)year renewal clause on the primary property insurance. Included in the policy is windstorm, flood, fire and all other perils. The carrier was provided with a schedule of values of all City properties that reflect current building values and windstorm certifications. Building values totaling $199,438,729, reflect current replacement costs. Several new buildings were added this year including community centers, airport hangars, underground lift stations, and water treatment and storage facilities increasing the values by $7,544,000 or 4%. Additional endorsements provided in this year's policy renewal include $5M for Electronic Data Processing equipment coverage, Flood $15M($I OM in 100 year flood zone), $5M for newly acquired locations, $1M for extra expense coverage, and $250,000 for Traffic Lights and Signals. The cost of the policy for this year is $1,332,279, a 15.45%increase from last year's policy of $1,100,367. Companies providing insurance are layered with exposure limited to the amount of damage. The primary coverage is Great American Insurance Company with AmRisc, Landmark American, Lexington and Westchester providing catastrophic coverage. Property Insurance May 4, 2009 Page 2 The deductibles for the new policy are as follow: DEDUCTIBLES Fire and All Other Perils excluding wind $50,000 Flood except Flood Zone AE and Shaded X $100,000 Flood -Zone AE and Shaded X $500,000 Earthquake $50,000 Windstorm(Named Storms) 2% of Scheduled Value Windstorm(Named Storms)on Buildings Valued in excess of$5M 1/2% of Scheduled Six(6)locations include Civic Center, City Hall, Police Building, Value Julie Rogers Theatre, Jefferson Theatre&Municipal Court Building All other Wind/Hail $100,000 Boiler and Machinery $25,000 All insurance companies contained in the new policy are A.M. Best rated at A+15. A binder to the policy was issued May 1 for primary coverage. The policy renewal will be in effect from May 1, 2009 to May 1, 2010. BUDGETARY IMPACT Funds for this project are available in the Public Works Building Utilities budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of the fire, extended coverage, flood and quake property insurance in the amount of$1,332,279 with McGriff,Seibels&Williams of Dallas, Texas, effective May 1, 2009 to May 1, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - 2 May 12, 2009 Consider amending the FY2009 Budget related to the Hotel Occupancy Tax Fund City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ,,pper� PREPARED BY: Laura Clark, Chief Financial Officer4� MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider amending the FY 2009 Budget. RECOMMENDATION Administration recommends that Council amends the FY 2009 Budget to appropriate $400,000 in the Hotel Occupancy Tax Fund to be transferred to the General Improvements Fund. BACKGROUND On January 13, 2009, Council awarded a bid for improvements at the Athletic Complex to Bruce's General Construction in the amount of$2,200,000. The project included renovating baseball Complexes 1, 2 and 4. Council also approved the execution of Change Order No. 1 for this project to reduce the project cost by $550,000 or 25% due to the bid exceeding the budgeted funds in the Capital Program. At that time it was established that, along with funding from the Capital Program and FEMA, funds from the Hotel Occupancy Tax Fund would be provided for this project. The Hotel Occupancy Tax Fund revenues are derived directly from tourism in the City of Beaumont. In turn, these revenues can be utilized for improvements to facilities that promote tourism. The Athletic Complex has brought an estimated 31,000 tourists to Beaumont from 2006 through 2008 for annual softball tournaments. BUDGETARY IMPACT By the end of Fiscal Year 2009, the fund balance in the Hotel Occupancy Tax Fund is projected to be approximately $1.5 Million. Remaining fund balance after this transfer will be more than adequate, providing reserves for unforseen items and occurrences. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2009 TO TRANSFER $400,000 FROM THE HOTEL OCCUPANCY TAX FUND TO THE GENERAL IMPROVEMENTS FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2008, through September 30, 2009, be and the same is hereby amended to appropriate and transfer the sum of $400,000 from the Hotel Occupancy Tax Fund to the General Improvements Fund. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - 3 May 12, 2009 Consider approving a payment for the emergency repair of a 2002 D6M Mustang dozer RICH WITH OPPORTUNITY 17L A. � T • E . X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 5� PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider payment for the emergency repair of a 2002 D6M Mustang dozer. RECOMMENDATION The Administration recommends a payment for emergency repairs that were performed by Mustang Cat of Beaumont, Texas, in the amount of$97,144.59. BACKGROUND The 2002 D6m dozer is used by the Solid Waste Landfill Division for the compaction of trash and pushing cover material on the working face of the Landfill as needed. It is one of two dozers that are used on a daily basis and are essential to the Landfill operation. When a large dozer is down, smaller equipment must be diverted from other activities which can cause a strain on the lighter equipment. Because both dozers are needed daily, the repair to this dozer was of an emergency nature. State of Texas statutes provide for an exemption to competitive bidding if the procurement is necessary because of unforseen damage to public machinery, equipment or other property. The overhaul consisted of repairs to the engine as well as the track frame, rails and shoes. A new dozer would cost approximately $400,000. The repairs that have been made have extended the useful life of the dozer by approximately two (2) years. BUDGETARY IMPACT Funds are available in the Fleet Management Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of $97,144.59 to Mustang Cat of Beaumont, Texas, for the emergency repair of a 2002 D6M Mustang dozer. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - 4 May 12, 2009 Consider authorizing the City Manager to execute the renewal of a Lease and Management Agreement with the Jefferson Theatre Limited Partnership RICH WITH OPPORTUNITY [I I'Lo , � T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute the renewal of a lease agreement. RECOMMENDATION Administration recommends authorizing the City Manager to execute the renewal of a Lease and Management Agreement with the Jefferson Theatre Limited Partnership for a one (1) year term. The new lease will begin May 18, 2009 and expire on May 17, 2010. BACKGROUND The Jefferson Theatre is owned by the Jefferson Theatre Limited Partnership, a non-profit corporation of Jefferson County, who acts as the Landlord for the building. The 1927 Theatre was fully restored in 2003 with the cost of renovation totaling approximately$6 million, $2 million of which came from Section 108 funds. Those funds are being repaid by the City of Beaumont over a 20-year period using Community Development Block Grant funds. Due to tax credits used as a part of the renovation effort, the ownership of the Theatre cannot change for a period of 66 months, commencing from the time the renovation was completed in November 2003. Therefore, the ownership of the Theatre would remain as is until June 2009. The Jefferson Theatre Preservation Society was the tenant who operated the Theatre. In April 2006, citing their inability to continue to underwrite the operations of the Theatre any longer, the Board of Directors for the Jefferson Theatre Preservation Society requested that the City of Beaumont consider taking over the operation and management duties of the Theatre. On May 16, 2006 City Council gave its approval for the execution of a Lease and Management Agreement between the Jefferson Theatre Limited Partnership and the City of Beaumont. A lease was executed for a one (1) year term which expired May 18, 2007. The lease provides the City the exclusive option of renewing the lease for additional one (1) year terms not to exceed five (5) years under the same terms and conditions provided in the original Lease Renewal- Jefferson Theatre May 12, 2009 Page 2 lease. The first option was exercised May 18, 2007. The second option was exercised May 18, 2008 and will expire May 17, 2009. Requested is the authority to exercise the third option for a one (1) year renewal to commence on May 18, 2009 and expire on May 17, 2010. Attached is a copy of the lease agreement for your review. BUDGETARY IMPACT Revenues generated by the theatre are accounted for in the General Fund. Maintenance and operation costs are budgeted for in the Event Facilities and Libraries Department's budget. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to exercise the third of five renewal options by executing the renewal of a Lease and Management Agreement with the Jefferson Theatre Limited Partnership for a one(1)year term beginning May 18, 2009, and ending May 17. The agreement is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AND MANAGEMENT AGREEMENT THIS Lease and Management Agreement is made and entered into this day of , 2009, by and between the Jefferson Theatre Limited Partnership, a non-profit corporation of Jefferson County, Texas, hereinafter referred to as "Landlord," and the City of Beaumont, a municipal corporation in Jefferson County, Texas, hereinafter referred to as "TENANT." WITNESSETH : WHEREAS, the Jefferson Theatre Limited Partnership is interested in having the City of Beaumont assume the management and operation of the Jefferson Theatre as a place of public assembly for the promotion of the arts; and WHEREAS, the City of Beaumont is organized and capable of operating such facilities and can bring significant expertise, personnel and material resources to bear to accomplish such tasks; and WHEREAS, the Jefferson Theatre Limited Partnership is committed to its original mission of providing quality entertainment for the citizens of Beaumont; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the parties agree as follows: Page 1 of 8 EXHIBIT "A" 1. LANDLORD does hereby demise and lease to TENANT and TENANT does hereby lease from LANDLORD certain commercial real property located at 345 Fannin Street, Beaumont, Jefferson County, Texas, 77701, containing approximately 33,456 square feet of gross floor area, hereinafter called the "LEASED PREMISES." 2. The term of this lease is one (1) year beginning on the 18th day of MAY , 2009, and ending on the 17" 1 day of MAY , 2010. At the expiration of the term of this lease, TENANT shall have the exclusive option of renewing this lease for additional one (1) year periods upon the same terms and conditions provided for in this lease agreement not to exceed five (5) years; provided, however, that written notice of TENANT's intention not to exercise this option is given to LANDLORD in writing at least thirty (30) days prior to the expiration of any primary term. 3. The total rent under this agreement is TEN DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged. 4. The premises are to be used primarily for the purpose of providing a community venue for public rental for the enjoyment of quality entertainment for the citizens of Beaumont. 5. LANDLORD acknowledges and agrees that the TENANT will retain exclusive management, operation and control of the facility, including, but not limited to, the rental, ticket sales, concessions and the booking of events. All revenue derived from the management and operation of the facility shall be retained by TENANT. Page 2 of 8 6. TENANT shall, in its sole discretion, hire such personnel as it deems necessary for the proper maintenance and operation of the facility. All such employees shall be employees or contractors of the TENANT. 7. TENANT shall be solely responsible for and shall perform all exterior and interior maintenance, repairs and/or replacements of and upon the premises, in all respects, necessary to maintain the premises in good condition, all at TENANT's sole cost and expense. 8. TENANT does not intend to assume any debt incurred by LANDLORD or other outstanding liability existing at the time of the execution of this agreement. Nor does TENANT intend to assume responsibility for any unforeseen structural problems not disclosed prior to the execution of this agreement. If there are any mechanic's or materialmen's liens filed against the premises attributable to any alterations or improvements or other construction work performed prior to the execution of this agreement, it shall be the responsibility of the LANDLORD to have same removed by bonding or payment or otherwise prior to the ultimate conveyance of the premises as contemplated by this agreement. 9. - LANDLORD acknowledges and agrees that there are certain maintenance and repair items that it will continue to assume as part of its ongoing responsibility. These items include the repair or replacement of damaged seating in the balcony, as well as the Robert Morgan organ. It is contemplated that these repairs will be accomplished under the direction of the Jefferson Theatre Preservation Society by the use of existing funds earmarked for these purposes. Page 3 of 8 10. By execution of this agreement, TENANT agrees to bear the responsibility and expense of processing and handling of all claims, challenges and lawsuits against it and not otherwise that might result from the TENANT's operation of the facility during the term of this lease. 11. TENANT shall, in its discretion, determine what type of coverage and maintain such insurance, at its expense, as it deems appropriate to cover and protect the LEASED PREMISES and its interests therein. 12. TENANT shall pay all utility charges for water, garbage collection, sewer service, electricity, heat, gas or power used in and about the LEASED PREMISES, and any and all other utilities, either public or private, consumed by TENANT in and about the LEASED PREMISES, all such charges to be paid by TENANT to the utility company or municipality furnishing the same. 13. TENANT shall have no obligation under this lease to make any improvements to the premises. TENANT may, however, in its discretion, from time to time make improvements to or additions to the premises. In so doing, TENANT, recognizes that the premises is listed on the National Register of Historic Places and is a recorded Texas historic landmark and will use its best efforts to ensure that the exterior and interior of the landmark are maintained so as to not jeopardize the historic designation of the structure. 14. It is agreed that any and all equipment, machinery, fixtures, and all other improvements, whether temporary or permanent, erected on the LEASED PREMISES, or within the leased facilities by TENANT, shall remain the property of said TENANT and may be removed at any time during the period of this lease, or at the expiration of Page 4 of 8 this lease or during any extension thereof, even though the same may be attached to the LEASED PREMISES. TENANT recognizes that there is office equipment, furniture and theatre memorabilia located in the third floor office suite. This property will remain the property and responsibility of the Jefferson Theatre Preservation Society. 15. Acceptance of the premises by TENANT shall be construed as recognition that the premises are in a reasonably good state of repair and in sanitary condition. TENANT shall surrender the premises at the end of the lease term or any renewal thereof, or if terminated before the end of the term or any renewal, in the same condition as when TENANT took possession, allowing for reasonable use and wear, or damage by acts of God, including fires and storms. 16. Partial destruction of the LEASED PREMISES shall not render this lease void or voidable nor terminate it except as herein provided. If the premises are partially destroyed during the term of this lease, TENANT shall repair them when such repairs can be made in conformity with governmental laws and regulations, within a reasonable period of time after the partial destruction. Written notice of the intention of TENANT to repair shall be given to LANDLORD within thirty (30) days after any partial destruction. 17. Neither TENANT nor TENANT's legal representative or successors in interest, by operation or law or otherwise, shall assign this lease, or any interest therein, or sublet the LEASED PREMISES, or any part thereof, or any right or privilege pertinent thereto, without the prior written consent of LANDLORD, which consent shall not be unreasonably withheld. Any assignee approved by LANDLORD must assume in writing all of TENANT's obligations under this lease and TENANT shall remain liable for each and every obligation under this lease. Page 5 of 8 LANDLORD shall not assign any or all of its interest under the terms of this lease. 18. LANDLORD and TENANT recognize that the property is encumbered with certain tax credit obligations that forestall the immediate sale of the property. At such time as the impediment expires, LANDLORD hereby grants to TENANT the right of first refusal to P urchase the LEASED PREMISES for one dollar ($1.00). Upon the exercise of this option, LANDLORD agrees to cause to be executed a special warranty deed to the LEASED PREMISES transferring title to TENANT. TENANT will provide the deed for execution by LANDLORD. 19. All notices provided to be given under this agreement shall be given by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the proper party at the following addresses: LANDLORD: Jefferson Theatre Limited Partnership Attn: Mark Fertitta P. O. Box 1229 Beaumont, Texas 77704 TENANT: City of Beaumont Attn: Kyle Hayes, City Manager P. O. Box 3827 Beaumont, Texas 77704 Any notice given in accordance with this paragraph shall be deemed delivered if personally delivered or upon deposit in the custody of the United States Postal Service if mailed. Either party hereto may change its address for the purpose hereof by sending notice of such change to the other party in accordance herewith. Page 6 of 8 1 20. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns, unless otherwise herein provided. 21. This agreement shall be construed under and in accordance with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Jefferson County, Texas. 22. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable, in any respect, such invalidity, illegality, or unenforceability shall not affect other provisions thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 23. This agreement constitutes the sole and only agreement of the parties hereto and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 24. LANDLORD represents and agrees that it has taken the necessary legal measures to terminate the lease agreement it had with the Jefferson Theatre Preservation Society for these premises. 25. This lease agreement supercedes any agreement previously executed for the term above-specified. 26. It is understood and agreed that TENANT may sublease all or any part of the facility herein leased and demised to others, retaining all revenues derived from such subleasing. It is specifically understood by the parties that TENANT intends to Page 7 of 8 sublease space to the Jefferson Theatre Preservation Society for use as offices within the premises. Execution of this agreement is acknowledgment and consent of LANDLORD to the sublet. 27. Time is of the essence of this agreement. IN TESTIMONY WHEREOF, the parties to this lease agreement have hereunto set their hands to duplicate originals on the day of , 2009. LANDLORD: JEFFERSON THEATRE LIMITED PARTNERSHIP By: Attest: Secretary TENANT: CITY OF BEAUMONT By: Kyle Hayes, City Manager Attest: Tina Broussard, City Clerk Page 8 of 8 5 May 12, 2009 Consider approving a change order for the EMS Medical Station No. 2 Project RICH WITH OPPORTUNITY IIEA,111�10111 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager V9 PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 12, 2009 REQUESTED ACTION: Council consider approval of Change Order No. 1 for EMS Medical Station No. 2. RECOMMENDATION Administration recommends approval of Change Order No. 1 in the amount of$84,175 for the construction of Medical Station No. 2. BACKGROUND Plans and specifications were developed by Sigma Engineers, Inc. and bids were solicited based on their design. Upon approval by Council on November 25, 2008, a contract was executed to McInnis Construction. Final architectural design plans were submitted to the Building Codes Division for approval. The design failed to meet landscape ordinances, fire code, and both city and Drainage District#6 drainage requirements. The facility was redesigned to meet current codes and a price was requested from the contractor to make the required improvements. The total cost of Change Order No. 1 is $84,175. Additional work includes installation of a fire sprinkler system, landscaping and irrigation, drainage improvements, privacy fence, knox box, and additional plumbing related to the fire suppression system as well as a deduction for 353 sq. ft. of paving. The base bid was $819,500. Change Order No. 1 in the amount of$84,175 or 10%percent of the base bid results in a new total of$903,675. The contingency balance of$20,000 was not applied to this change order and remains unchanged. The start date of the project was deferred until March 18, 2009 when permitted plans were issued by the Building Codes Division. Completion is scheduled for September 19, 2009. BUDGETARY IMPACT Funds are budgeted in the Capital Program. CHANGE OWNER ARCHITECT El ORDER CONTRACTOR FIELD ❑ AIA DOCUMENT G701 OTHER ❑ SEI Project#08-130 PROJECT: EMS Station No.2 CHANGE ORDER NUMBER: One (name, address) City of Beaumont DATE: April 14,2009 P. O. Box 3827,Beaumont,Tx. 77704 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 08-130 (name, address) McInnis Construction, Inc. CONTRACT DATE: December 10,2008 675 South 4th Street CONTRACT FOR: New EMS Station No. 2 Silsbee,Texas 77656 3020 Municipal Drive,Beaumont,Texas The Contract is changed as follows: Installation of a sprinker system,fire suppression system, landscaping/irrigation, drainage,privacy fence, knox box,firewater/move meters,water/irrigation/fire water tap fees,deduction for paving. See Attachments for Breakdown $84,175.00 Contingency Balance of$20,000.00 remains unchanged. Not valid until signed by the Owner, Architect and Contractor. Tile original(Contract Sum)( rice)was . . . . . . . . . . . . . . . . . . . . . . . .8 819,500.00 Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .s 0.00 The(Contract Sum)(6ua=ntwd-la r+-Pdee)prior to this Change Order was. . . . . . . . . .$819,500.00 The(Contract Sum)(Eivararrt )will be(increased)(de,4a&asc4) (unchanged)by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . .s 84,175.00 The new(Contract Sum)(Gt3aranteed-Maxirrtarrt-Price)including this Change Order will be . .s 903,675.00 The Contract Time will be*wfemed)(dccwa&cd)(unchanged)by ( 180 )days. The date of Substantial Completion as of the date of this Change Order therefore is July 20,2009 NOTE: This sununary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been:Rtthorized he Constnlction Change Directive. Sigma Engineers,Inc. McInnis Construction, Inc. City of Beaumont ARCHITECT CONTRACTOR OWNER 4099 Calder Avenue 675 South 4th Street P. 0. Box 3827 Address ,� Address Beau ;T- 06 Address Sils ee,Texas 77656 Beaumont,TX 77704 2DTBY BY i1�15, 0 09 DATE 0 DATL coCAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 198' EDITION • AIA° • 0198' • THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVE.. N.W.. U'ASHINGTON. U.C. 2000(, G701-1987 WARNING:Unlicensed photocopying violates U.S.copyright Ism and is subject to legal prosecution. RESOLUTION NO. WHEREAS, on November 25, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-317 awarding a contract in the amount of$819,500 to McInnis Construction, Silsbee, Texas, for all labor, materials and equipment necessary to construct EMS Station No. 2 at 3020 Municipal Drive; and WHEREAS, Change Order No. 1 in the amount of$84,175 is required for additional work to include installation of a fire sprinkler system, landscaping and irrigation, drainage improvements, privacy fence, knox box, and additional plumbing related to the fire suppression system, as well as a deduction for 353 square feet of paving, thereby increasing the contract amount to $903,675; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 for additional work described above, thereby increasing the contract amount by $84,175 for a total contract amount of $903,675. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - WORKSESSION * Review and discuss amending the Consolidated Grant Program's 2008 Annual Actual Plan relating to the Homelessness Prevention and Rapid Re-Housing Program 6 May 12, 2009 Consider approving a resolution amending the Consolidated Grant Program's 2008 Annual Actual Plan relating to the Homelessness Prevention and Rapid Re-Housing Program RICH WITH OPPORTUNITY BEA,UMON* City Council Agenda Item T - E - R - A - 8 TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 12, 2009 REQUESTED ACTION: Council conduct a Workshop to discuss the Substantial Amendment to the Consolidated Grant Program's 2008 Annual Action Plan for the Homelessness Prevention and Rapid Re-Housing Program(HPRP) and consider approving a resolution adopting the HPRP Estimated Budget Plan. RECOMMENDATION Administration recommends approval of a resolution adopting the HPRP Estimated Budget Plan. BACKGROUND The American Recovery and Reinvestment Act of 2009(ARRA)was signed into law on February 17, 2009. It is an effort to jumpstart our economy and create or save three to four million jobs. The Homelessness Prevention and Rapid Re-Housing Program (HPRP) is a new program that is a component of the ARRA. The purpose of the HPRP is to provide financial assistance and services to prevent individuals and families from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. The City of Beaumont was provided a direct allocation of$741,325. The City will administer this program, similarly to our regular Public Services Program. In order to implement the HPRP, a coalition of homeless assistance providers was formed and requests for participation in this program were submitted. The HPRP Action Plan proposes to use the funds for the following uses: Salvation Army Will use $1 54,752.91 over a three year period to provide financial services to seven-to-eight potentially homeless families; Some Other Place Will use $154,752.91 over a three year period to provide financial services to four-to-five potentially homeless families. The funds will be used to provide a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including credit counseling, security or utility deposits, utility payments, moving cost assistance and case management; Family Services of Southeast Texas Will use $154,752.91 over a three year period to provide financial services to abused women and children who are homeless. The funds will be used to provide a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including credit counseling, security or utility deposits, utility payments, moving cost assistance and case management; Harvest for Lost Souls Outreach Ministry Will use $30,000 over a three year period to provide financial assistance to homeless parolees recently released from prison The funds will be used to provide a variety of assistance, including: short-term or medium-term rental assistance and housing relocation and stabilization services, including credit counseling, security or utility deposits, utility payments, moving cost assistance and case management; Lone Star Legal Aid Will use $60,000 over a three year period to provide homeless prevention legal aid services; Southeast Texas Regional Planning Commission Will use$150,000 over a three year period for data collections and evaluations. This program will fund the salary of a staff person and equipment to implement this program; City of Beaumont Will use $37,066.27 (5 1/6)for administration of the program. As mandated by the U. S. Department of Housing and Urban Development (HUD), the Community Development Department staff and the Community Development Advisory Committee(CDAC)held a Public Hearing on May 6'b 2009, in order to allow citizens 12 days to comment on the Citys'HPRP Estimated Action Plan. The HPRP Action Plan is being adopted under an abbreviated public participation process and should be approved and sent to HUD on or before May 18, 2009. BUDGETARY Il"ACT The HPRP allocation totals$741,325. The HPRP Estimated Budget consists of Financial Assistance($ 494,258.75), Housing Relocation and Stabilization Services ($60,000), Data Collections ($150,000) and Administration($37,066.25). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Homelessness Prevention and Rapid Re- Housing Program (HPRP) Estimated Budget Plan in the amount of $741,325 consisting of Financial Assistance ($494,258.75), Housing Relocation and Stabilization Services ($60,000), Data Collections ($150,000) and Administration ($37,066.25). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - WORKSESSION * Review and discuss potential funding for the Experience Corps Program 7 May 12, 2009 Consider approving a resolution amending the Consolidated Grant Program's 2009 Annual Action Plan RICH WITH OPPORTUNITY BEA,UMON* City Council Agenda Item T • E - % • A • S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 12, 2009 REQUESTED ACTION: Council conduct a Workshop to discuss the 2009 HUD Consolidated Grant Program and consider amending the Consolidated Grant Program's 2009 Annual Action Plan. RECOMMENDATION Administration recommends approval of a resolution amending the Consolidated Grant Program's 2009 Annual Action Plan. BACKGROUND On May 5, 2009, the City Council approved the Consolidated Grant Program's 2009 Annual Action Plan. However, at that meeting, interest was shown in providing grant assistance to the Experience Corps Program. Experience Corps of Southeast Texas is an intergenerational tutoring program that utilizes the time, talents and patience of senior citizens to help school-age students. Experience Corps of Southeast Texas began locally in the Port Arthur School District in 1995 and expanded into the Beaumont School District in 2008. Individual tutoring is provided to students that have been identified by their teachers as the lowest performing students or students at risk of failure. The City had received a funding request in the amount of$40,300 for the 2009 Program Year to provide 18 tutors to mentor 140 students at Dunbar, French, Fletcher, Ogden, Lucas and Martin Elementary Schools. The City received notice that the 2008 CDBG allocation will be$29,635 more than expected. Also, there is$18,654 in unencumbered funds from the 2000 Program Year under the Public Facilities and Improvements line item (Charlton-Pollard Park)that can be used to fund the Experience Corps Program. As mandated by the U. S. Department of Housing and Urban Development(HUD), City Council has conducted public hearings and work sessions in previous years, prior to adopting the City's Annual Action Plan. The Action Plan must be approved and sent to HUD forty-five(45) days prior to the start of the grant year on July 1, 2009. To date, Community Development Department staff and the Community Development Advisory Committee(CDAC) has held three (3)public hearings in order to discuss the budget process of the Consolidated Grant Program. Also, a Public Hearing/Work Session was held by the City Council on March 24, 2009, allowing for public comment and adopting the Consolidated Grant Program's Preliminary Annual Action Plan. In accordance with the Citizen Participation Plan, a thirty(30)day comment period, which allowed citizens a reasonable time to submit written comments, followed the adoption of the Preliminary Action Plan. Also, a Public Hearing was held during the City Council meeting on April 21, 2009, allowing nonprofit agencies to present their funding requests to City Council. BUDGETARY IMPACT The preliminary 2009 budget, comprised of federal allocations of$1,814,604 in Community Development Block Grant funds, $813,208 in HOME funds and $100,000 in estimated program income was adopted March 24, 2009. The Public Service, Public Facilities and Improvements line item is comprised of$145,000. 2009 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvemerds/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Anointed Praise $110,000.00 $0.00 $0.00 2. Beaumont Community Housing Development Organization $20,000.00 $0.00 $0.00 3. Child Abuse&Forensic Services $20,000.00 $19,000.00 $19,000.00 4. Christian Women's Job Corps-Golden Triangle $25,000.00 $19,000.00 $19,000.00 5. Common Ground Performing Arts Studio $10,000.00 $10,000.00 $10,000.00 6. Experience Corps of Southeast Texas $40,300.00 $0.00 $20,000.00 7. Harvest for Lost Souls(Adopt a Block Program $55,569.00 $0.00 $0.00 8. Harvest for Lost Souls(Blessing Bag Ministry) $42,000.00 $0.00 $0.00 9. IEA-Inspire,Encourage,Achieve $71500.00 $7,500.00 $7,500.00 10. Julle Roger's"Gift of Life"Program $61500.00 $6,500.00 $6,500.00 11. One Church One Child of Southeast Texas,Inc. $42,200.00 $6,541.00 $6,541.00 12. Rape and Suicide Crisis $5,000.00 $5-000.10 $5,000.00 13. Sabine Oaks Home $5,250.00 $0.00 $0.00 14. Southeast Taxes Family Resource Center $15,000.00 $15,000.00 $15,000.00 15. Stable Spirfta $46,300.00 $6,541.00 $6.541.00 16. Triangle AIDS Network $20,000.00 $8,541.00 $8,541.00 17. Sunlight Missionary Baptist Church $20,000.00 $0.00 $0.00 Total Public Services $492,609.00 $1091023.00 $129,623.00 $0.00 PUBLIC FACILITIES AND IMPROVEMENTS 18. Habitat for Humanity $191750.00 $0.00 $0.00 19. Satiation Army Boys and Girls Club $15,375.00 $15,375.00 $15,375.00 20. Tyrrell Park Neighborhood Association $20,000.00 $0.00 $0.00 Total Public Facllitles and Improvements $56,126.00 $16,375.00 $15,376.00 $0.00 TOTAL PUBLIC SERVICESIPUBLIC FACILITIES& IMPROVEMENTS $547,734.00 $124,896.00 $1441996.00 $0.00 PUBLIC SERVICES(EMERGENCY SHELTER SET,ASIDE) 21. Family Services of Southeast Texas $25,000.00 $0.00 $0.00 22. H.O.W.Center $9,750.00 $0.00 $0.00 23. Salvation Army Social Services $25,000.00 $0.00 $0.00 24. Henrys Place/Some Other Place $32,030.00 $0.00 $0.00 25. Watt'e Home Inc.(Public Fac.&Imp.) $19,952.00 $0.00 $0.00 TOTAL EMERGENCY SHELTER SET-ASIDE $111,732.00 $0.00 $0.00 $0.00 TOTAL AMOUNT REQUESTED FOR ALL FUNDING 5668 466.00 $124,996.00 $1441988.00 $0.00 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Consolidated Grant Program's 2009 Annual Action Plan in the amount of $2,727,812, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of May, 2009. - Mayor Becky Ames - 2009 HUD CONSOLIDATED GRANT PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2009 Budget HOUSING Housing Rehabilitation $ 200,000 Funds will be used to repair seven to eight homes,primarily for low to moderate income senior citizens with a disability. Housing Rehabilitation Administration 112,000 Funds will be used for personnel and operating expenses necessary for compliance with the Housing Rehabilitation activity. INTERIM ASSISTANCE Elderly/Disabled Code Assistance 30,000 Funds will be used to assist in minor sewer repairs,tree and shrub removal and other activities associated with code enforcement for homes owned by primarily low/moderate income elderly/disabled citizens. CLEARANCE AND DEMOLITION Clearance and Demolition 237,969 Funds will be used to demolish approx 80 unsafe,unsanitary and uninhabitable residential structures in low to moderate income areas at a cost of approximately $3,000 each. PUBLIC FACILITY AND IMPROVEMENTS Section 108 Debt Service 830,000 PUBLIC SERVICE Non Profit Agencies 145,000 Funds will be used for construction,renovation and other needs of various nonprofit organizations. PLANNING AND ADMINISTRATION(14%) 259,635 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution,and regulatory requirements of the HUD Consolidated Grant Program TOTAL CDBG 1.814.604 ESTIMATED PROGRAM INCOME: Small Business Revolving Loan Fund 60,000 Historic Loan Preservation Fund 25,000 Clearance and Demolition 15,000 TOTAL ESTIMATED PROGRAM INCOME 100,000 TOTAL CDBG AND PROGRAM INCOME $ 1,914,604 EXHIBIT "A" HOME INVESTMENT PARTNERSHIP GRANT(HOME) . HOME ADMINISTRATION(10 1/6) $ 81,320 Funds will be used for personnel and operating expenses necessary for compliance with the plarming,execution,and regulatory requirements of the HUD HOME Program CHDO RESERVE (15%) 121,981 Funds will be set aside for Community Housing Development Organizations to develop affordable housing. Funds will also be used for acquisition/ rehabilitation of affordable housing that will be lease-purchased to eligible families. DOWN PAYMENT ASSISTANCE PROGRAM 200,000 Funds will be used to assist low to moderate income families who are first time home buyers with down payment assistance,closing costs,and principal mortgage buy downs. AFFORDABLE HOUSING PROGRAM 409,907 Funds may be used to assist nonprofit and/or for profit developers with the development,acquisition and/or rehabilitation of affordable housing that will be sold or leased to low to moderate income families. Funds may also be used for project delivery costs such as down payment assistance,closing costs, principal mortgage buy downs,site preparation,infrastructure and other eligible costs. Additionally,funds may be used to assist developers wAth eligible project costs associated with the development and/or rehabilitation of multi family housing units.Funds may also be used tot owner occupied rehabilitation to assist homeowners with repairs to their principal residence. TOTAL HOME $ 813,208 TOTAL 2009 PROPOSED BUDGET $ 2,727,812 WORKSESSION * Review and discuss guidelines for towing uninsured motor vehicles ARTICLE 111. STOPPING,STANDING,PARKING DIVISION 1. GENERALLY Sec.26-40. Reserved. Editor's note:Ord. No.98-64,§ 1,adopted October 6, 1998,amended the Code by repealing former§26-40, Former§26-40 pertained to impounding of vehicles,and derived from the Code of 1958,§37-139; Ord.No.7749,adopted May 3, 1977;Ord. No.80-10,adopted February 5, 1980; Ord.No.85-48,adopted April 23, 1985;Ord.No. 85-49,adopted April 23, 1985;Ord.No.85-116,adopted November 19, 1985;Ord.No. 88-14,adopted February 9, 1988;and Ord. No.93-6,adopted February 2, 1993. Delatedt-Veldcles unattended for Sec.26-41. Impounding of vehicles,__ sale _ % sale °ioht n°`"`,redemption and .�' _..... wrnretbed:Normal (1) It is an offense for a person to operate a motor vehicle without financial responsibility established for that vehicle. (2) Acting under a oolicx established by the police chief,a police officer is authorized to order thtotdna and impounding of a vehicle that is not insured or otherwise covered for financial responsibility in accordance with state law. Q__-_The_streets alleys or otherpubllc.places.of the___ are not intended for storage, Deleted:l } of vehicles;therefore,any vehicle standing,parked or remaining unattended within the same two(2)blocks of any public street,alley, sidewalk,parkway or upon any property of the city for forty-eight(48)or more continuous hours,even though the vehicle is moved from one place to another within such blocks or city property,is hereby declared to be illegally parked. If the vehicle remains within the same two(2)blocks of any public street,alley,sidewalk,parkway or upon any property of the city for an additional forty- eight(48)continuous hours,it is hereby declared to be a nuisance per se,and any such vehicle when so found shall be removed summarily by any police officer of the city to any storage area designated or maintained by the police department and shall be kept there until redeemed or sold as provided in this section. For purposes of this section, "vehicle"means a device in or by which a person or property is or may be transported or drawn on a public highway,other than a device used exclusively on stationary rails or tracks. (Ord.No.99-1,§ 1, 1-12-99) Editor's note: Ord. No. 98-64, § 1, adopted October 6, 1998, amended the Code by repealing former§26-41. Former§26-41 pertained to impounding of vehicles unattended for forty-eight hours, and derived from the Code 1958,§37- 115.1; and the aforementioned Ord. No. 88-14. Ord. No. 99-1, § 1, adopted January 12, 1999,subsequently amended the repealed§26-41, and the editor has treated Ord. No. 99-1 as adding a new§2841. Beaumont Police Department Directive Page 1 Subject:Towing Uninsured Motor Vehicles Effective Date: Approved By: Frank C.Coffin,Jr.,Chief of Police Purpose: To establish guidelines and procedures for the towing of motor vehicles being operated without proper proof of financial responsibility. The safety of the driver and/or vehicle occupants is a primary concern when towing uninsured vehicles. 1. Towing Guidelines A. Vehicles may be towed for no proof of financial responsibility as a result of: 1. Traffic stops when other violations,such as no driver's license,expired MVi,or expired registration are involved;or 2. Motor vehicle crash investigations;or 3. Other circumstances approved by a supervisor,if the driver does not have proof of financial responsibility as required by the Texas Transportation Code. B. Officers will make a reasonable effort to determine whether financial responsibility exists prior to towing a vehicle. C. Prior to towing a vehicle under this policy,officers should consider the circumstances surrounding the situation,including: 1. Time of day 2. Location 3. Physical condition of the driver(elderly,sick,disabled,etc.) 4. Age of driverloccupants 5. Availability of other units to assist with the safe removal of occupants 6. Call demand 7. Weather conditions 8. Lighting conditions 9. Traffic volume and speed 10.Presence of pets/animals in the vehicle 11.Contents of the vehicle(potential financial loss,perishable items,etc.) D. Vehicles driven or occupied exclusively by minors under the age of 18 should not be towed. E. Officers shall be required to issue a Failure to Maintain Financial Responsibility citation to the driver if a vehicle is towed under this policy. A vehicle operator who does not exhibit evidence of financial responsibility is presumed to have operated the vehicle in violation of the law. F. All vehicles towed under this policy require prior supervisor approval,as is now the practice for traffic offense arrests. G. Per the Impounding of Motor Vehicles policy,the proper sections of the vehicle impound form shall be completed on all vehicle impounds. H. Driver/Occupant Safety A. An officer impounding a vehicle under this policy will make a reasonable effort to provide for the safety of the driver and any occupants. Examples of a reasonable effort include,but are not limited to,transportation of the driver and occupants to a safe location or calling a friend or relative for transportation. B. If there are no reasonable means to avoid placing the driver and occupants in an unsafe situation, the officer should not tow the vehicle. E Beaumont Police Department Directive Page 2 1 C. Should the driver/occupants arrange for private transportation from the scene,the transport must be accomplished within the 30 minute time frame allowed for tow truck arrival. I D. All interactions with vehicle drivers and/or occupants regarding transportation or transportation refusal shall be recorded with the officer's in-car mobile video system. The driver/occupants who refuse transportation will be required to sign off on the refusal on the appropriate towing form. Ill. Traffic Crash Investigations A. If conditions at the crash scene permit,and prior to calling for tow trucks,officers should determine the insured status of all vehicles involved in the crash. Uninsured vehicles involved should be towed by the contract towing company in accordance with this policy. B. At crash scenes requiring emergency tows,the emergency tow should be used whether financial responsibility can be determined or not. In this circumstance,the vehicle would not be impounded under this policy. C. At crash scenes involving vehicles driven or occupied exclusively by minors under the age of 18,if financial responsibility cannot be determined and the vehicle will be towed due to damage caused by the crash anyway,the vehicle should be towed by the contract towing company in accordance with this policy. IV. Vehicle Release A. Vehicles will be released by the contract towing company. B. Requirements for vehicle release are: I 1. Payment of the posted rates; 2. The vehicle owner/driver is required to show current proof of financial responsibility;and 1 The vehicle owner/driver is required to show a government issued photo identification. V. Defense A. The vehicle operator is afforded the opportunity to contest the charges pursuant to the Motor Vehicle Safety Responsibility Act.