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HomeMy WebLinkAboutMIN SEP 22 2009 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr., At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tern Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel, Ward III September 22, 2009 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 September 22,2009, at the Beaumont Civic Center, 701 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 1-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Howard Cameron of Trinity Church, gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Wright, Councilmembers Coleman, Beaulieu, and Pate. Absent: Councilmembers Smith and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmembers Smith and Samuel were out of the City. Proclamations, Presentations, Recognitions "Pray Beaumont Day" - September 27, 2009 - Proclamation read by Councilmember Beaulieu; accepted by Pastor Howard Cameron and Pastor Donnie Flippo "National Alcohol and Drug Addiction Recovery Month" - September, 2009 - Proclamation ready by Councilmember Coleman; accepted by Amanda McLauchlin with South East Texas Regional Planning Commission Substance Abuse Recognition - Barbara Beard with the Maurine Gray Literacy Depot spoke regarding the Declaration for the Right to Literacy scroll that the National Literacy Association is circulating across the country trying to obtain as many signatures as possible to promote literacy. Mayor and Council signed the scroll after Barbara Beard completed her remarks Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None Minutes-September 22,2009 CONSENT AGENDA Approval of minutes - September 15, 2009 Confirmation of committee appointments - Resolution 09 - 277 Charles Taylor would be appointed to the Small Business Revolving Loan Fund Board. The term would commence September 22, 2009 and expire September 21, 2011. (Councilmember Audwin M. Samuel) Charles Taylor would be appointed to the Community Development Advisory Committee. The term would commence September 22, 2009 and expire September 21, 2011. (Councilmember Audwin M. Samuel) Dana L. Timaeus would be reappointed to the Board of Adjustment(Zoning). The current term would expire May 12, 2011 . (Mayor Becky Ames) Dana L.Timaeus would be appointed as the Chairman of the Board of Adjustment(Zoning). The term would commence September 22, 2009 and expire September 21, 2010. (Mayor Becky Ames) Pat Avery would be appointed as the Vice Chairman of the Board of Adjustment (Zoning). The term would commence September 22, 2009 and expire September 21, 2010. (Mayor Becky Ames) Georgine Guillory would be reappointed to the Community Development Advisory Committee. The current term would expire June 11 , 2011. (Councilmember Jamie Smith) William Sam would be reappointed to the Community Development Advisory Committee. The current term would expire June 11, 2011. (Councilmember Jamie Smith) Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 11, 2011. (Councilmember Alan B. Coleman) Darlene Chodzinski would be reappointed to the Historic Landmark Commission. The current term would expire September 3, 2011. (Mayor Becky Ames) Marie Broussard would be reappointed to the Historic Landmark Commission. The current term would expire September 3, 2011. (Councilmember Nancy Beaulieu) Norris Turner would be reappointed to the Historic Landmark Commission. The current term would expire June 18, 2011. (Councilmember Jamie Smith) Ethelyn Jenkins would fill the unexpired term of Tracy Richardson to the Historic Landmark Commission(County Historian). The term would commence September 22,2009 and expire January 15, 2010. (Mayor Becky Ames) Page 2 of 10 Minutes-September 22,2009 Alma Hodge would be reappointed to the Library Commission. The current term would expire July 10, 2011. (Mayor Pro Tern Gethrel Williams-Wright) Kathleen Leaf would be reappointed as the Chairman of the Library Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) Gwin Genn would be reappointed as the Vice Chairman of the Library Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 11, 2011. (Councilmember Jamie Smith) A) Authorize the settlement of the lawsuit styled Douglas Manning, et al v. City of Beaumont- Resolution 09 - 278 B) Authorize the approval of Change Order No. 1 and a final payment related to the School Sidewalk Program Project - Resolution 09 - 279 C) Approve contracts for the purchase of limestone base material - Resolution 09- 280 D) Authorize the City Manager to execute all documents necessary to accept traffic safety grant funds from the Texas Department of Transportation - Resolution 09 - 281 E) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall - Resolution 09 - 282 F) Authorize the acceptance of a ten(10)foot wide water line easement providing access for fire protection services for Classic Chevrolet - Resolution 09 - 283 G) Authorize the execution of a License to Encroach Agreement for a structure encroaching onto a city waterline easement - Resolution 09 - 284 Mayor Pro Tern Wright made a motion to approve the Consent Agenda. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider adopting the FY 2010 Budget. Page 3 of 10 Minutes-September 22,2009 Administration recommended Council adopt the FY 2010 Budget as submitted to Council on August 13, 2009. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council."Section 9 states that"the budget shall be finally adopted not later than the twenty-seventh (27th)day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2010 Budget was submitted to Council on August 13, 2009, and reviewed during a work session on August 25, 2009. A public hearing was held on August 25, 2009,which met the requirements of the Charter and state law. The proposed FY 2010 Budget appropriation for all funds, net of contingency, totals $218,860,559. Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE"ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 050 2. Consider adopting the 2010 Capital Program. Administration recommended Council adopt the 2010 Capital Program as submitted to Council May 15, 2009 and revised August 13, 2009. Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh(27th) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 15, 2009. It was revised and submitted to Council on August 13, 2009, and reviewed during a work session on August 25, 2009. A public hearing was also held on August 25, 2009. Page 4 of 10 Minutes-September 22,2009 Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE FY 2009 CAPITAL PROGRAM IS HEREBY ADOPTED. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 285 3. Consider ratifying the budgeted property tax increase reflected in the FY 2010 Budget. Administration recommended Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2010 Budget which will raise more total property taxes than last year's budget by $1,396,000 or 3.55% and of that amount $1,339,600 is tax revenue to be raised from new property added to the tax roll this year. Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The FY 2010 Budget includes$1 ,396,000 more in property tax revenues than was included in the FY 2009 Budget. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2010 BUDGET. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 051 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2009(FY 2010). Administration recommended that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.64 for the tax year 2009(FY 2010).The tax rate would be apportioned$0.440277/$100 assessed valuation to the General Fund and $0.199723/$100 assessed valuation to the Debt Service Fund. Page 5 of 10 Minutes-September 22,2009 Section 26.05(b)of the Property Tax Code, mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. Administration recommends the motion to adopt the tax rate be made as follows, in order to recognize that no change is proposed to the tax rate while still including the statement mandated bylaw. The mandated language is shown in bold. 1 move that the property tax rate be increased by the adoption of a tax rate of 0.640000, which is effectively a 0.36 percent increase in the tax rate. This tax rate reflects no change from the 2008 tax rate but is .36 percent above the 2009 effective tax rate." Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 601h day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code dictates language that is required to be included in the ordinance that"sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year." The statement that must be included in the City's ordinance setting the tax rate is as follows in bold: This tax rate will raise more taxes for maintenance and operations than last year's tax rate. In accordance with truth-in-taxation laws,two public hearings were held on August 25, 2009 and on September 1 , 2009. A third hearing was held on September 8, 2009 to allow the City to adopt the tax rate on September 22, 2009 and comply with the truth-in-taxation requirements that says the meeting to adopt the tax rate cannot be more than fourteen (14) days from the second (last)public hearing. In addition, all required notices were published in the newspaper, on the City's website, and on the municipal channel. Applying the proposed tax rate of$.6400 and a 97% collection rate, budgeted revenues of $28,003,000 and $12,703,000 respectively to the General and Debt Service Funds are anticipated. Mayor Pro Tern Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING,ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2009(FY 2010); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 052 Page 6 of 10 Minutes-September 22,2009 5. Consider amending Section 28-50,Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances. Administration recommended approval of an increase in the water and sewer rates by seven (7)percent which is needed to effectively operate the Water Utilities Fund and to provide for the necessary debt service associated with water and sewer system projects. The new rates would be effective October 1, 2009. The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. The City's infrastructure is aging and requires rehabilitation and replacement of many parts in the system. Also, some of the improvements are required to meet state and federal regulations. Approximately$118 Million of water and sewer system improvements have been identified to meet these regulations and to rehabilitate the systems over the next five years. These projects are in the design or construction phase in the 2010 Capital Program. The proposed rate increase is projected to increase water and sewer revenues by$2.8 million for Fiscal Year 2010. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS 28-50(A)AND 28-51(A), OF THE CODE OF ORDINANCES TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1, 2009; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Ordinance 09 - 053 6. Consider authorizing the City Manager to receive funding through the Department of Homeland Security Grant Program. Administration recommended approval. The Homeland Security Grant Program consists of a number of grant programs,one of which is the State Homeland Security Program (SHSP)which Beaumont receives money from on a yearly basis. The Fire Department is requesting $20,000 for laptops and monitors for Dispatch and response coordination; $85,238.13 to purchase additional thermal imaging units toward the goal of one per truck; $24,000 for nozzles to replace antiquated and less efficient models currently in service; $45,500 for extractor washers to provide required maintenance and extend the life of bunker gear; and $10,761.87 for technical training and backfill. The Police Department is requesting $25,000 for a combination of command and control response needs, including wireless access to update MDCs for all city departments and to continue enhancing the Emergency Operations command and control facilities that have been so critical these past two years; $51,083.70 for additional all-weather protective Page 7 of 10 Minutes-September 22,2009 jackets for patrol officers; $19,129.61 to provide advanced tactical training to enhance response capabilities; $37,000 for a plate scanning system to provide passive and active surveillance capability for patrol and investigations; and $30,000 for a combination of response equipment for 1 st responder needs such as containment barriers for Hazardous Material spills, lighting, as well as search and rescue and surveillance equipment. An additional$347,713.31 for fire and law enforcement enhancements with no matching funds from the city. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FOR THE CITY OF BEAUMONT THROUGH THE HOMELAND SECURITY GRANT PROGRAM (HSGP) IN THE AMOUNT OF $347,713.31 UNDER THE STATE HOMELAND SECURITY PROGRAM (SHSP) FOR USE BY THE FIRE AND POLICE DEPARTMENTS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 286 7. Public Hearing: Receive comments related to an agreement with the Texas Department of Transportation to receive State Public Transportation Funds in the amount of $425,296. Public Hearing Open- 2:00 p.m. Public Hearing Close: 2:00 p.m. Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds. Administration recommended that Council conduct a public hearing and authorize the City Manager to execute a State/Local Urban Public Transportation Fiscal Year 2010 Project Grant Agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds. City Council annually authorizes the City Manger to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $425,296 in State Public Transportation funds. State funding, totaling $425,296, will fund part of the estimated local share of$1 ,726,268 to operate the Beaumont Municipal Transit System for FY 2010. Page 8 of 10 Minutes-September 22,2009 Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2010 PROJECT GRANT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE CITY OF BEAUMONT TO RECEIVE STATE PUBLIC TRANSPORTATION FUNDS IN THE AMOUNT OF $425,296 TO ASSIST IN OPERATING COSTS FOR THE BEAUMONT MUNICIPAL TRANSIT SYSTEM. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU AND PATE NAYS: NONE MOTION PASSED Resolution 09 - 287 COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - CONGRATULATED WESLEY UNITED METHODIST CHURCH AND WELLS FARGO BANK FOR THEIR DONATIONS TO BUILD A HABITAT FOR HUMANITY HOUSE, WELLS FARGO ALSO MADE A SUBSTANTIAL DONATION FOR THE MATERIAL THAT WAS PURCHASED COUNCILMEMBER BEAULIEU- CONGRATULATED ALL THE CITIZENS THAT WORKED ON THE HABITAT FOR HUMANITY PROJECT,ALSO CONGRATULATED HER HUSBAND, LARRY BEAULIEU, ON BEING HONORED SATURDAY, SEPTEMBER 19, 2009, AS A DISTINGUISHED ALUMNUS AT LAMAR UNIVERSITY MAYOR PRO TEM WRIGHT - COMMENTED ON THE TEXAS AMATEUR ATHLETIC FEDERATION ANNUAL CONFERENCE THAT WAS HELD ON MONDAY, SEPTEMBER 21, 2009, CONGRATULATED RYAN SLOTT ON THE GREAT JOB HE DID DURING THE CONFERENCE COUNCILMEMBER PATE - MENTIONED THE NEW LAMAR UNIVERSITY FOOTBALL TEAM, THANKED A FORMER GRADUATE OF LAMAR UNIVERSITY, BART SIMMONS AND HIS WIFE MARTY, WHO DEDICATED THE VERNON GLASS FIELD OF CHAMPIONS, COACH GLASS WAS A FORMER COACH FOR LAMAR UNIVERSITY FOR 13 YEARS, ALSO ANNOUNCED THE BEAUMONT CHAMBER OF COMMERCE WILL BE HOSTING A GOLF TOURNAMENT ON MONDAY, SEPTEMBER 28, 2009 COUNCILMEMBER SAMUEL - ABSENT COUNCILMEMBER SMITH - ABSENT Page 9 of 10 Minutes-September 22,2009 CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Public Comments (Persons are limited to three minutes) Vernon Durden 2110 Westbury Rd. Beaumont TX Commented on Councilmember Beaulieu's husband being honored as a Lamar University Alumnus, where he is on the board of Alumni Affairs, also mentioned that the City needs a citizens review committee to help protect the City and help it grow Louis Vaughn 9615 Mapes Beaumont TX Continued his dialogue in regards to South Park Middle School, specifically the children that may be forced to return to this school,there are safety, health and environmental issues in the building that will cause harm now and in the future,there is mold and termites that also affect the building There being no Executive Session, Council adjourned at 2:18 p.m. Audio available upon request in the City Clerk's Office. ���I✓Y UMO ,`%1 Be y Am Mayor tl� t51ttA� W Lii 1A (//q1 III Tina Broussard, City Clerk d� Page 10 of 10 Minutes-September 22,2009