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Home My WebLink AboutMIN OCT 06 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 October 6, 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 October 6,2009, at the Beaumont Civic Center, 701 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Henry Brown, Jr. of Colossians Christian Center 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 (Arrived at 1:44 p.m.) Councilmembers Coleman, Beaulieu, Pate, Samuel and Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Breast CancerAwareness Month, Mammography Day"-October, 2009- Proclamation read by Councilmember Beaulieu; accepted by Kathy Chesser,with Julie Rogers"Gift of Life" Program "Disability Employment Awareness Month" - October, 2009 - Proclamation ready by Mayor Ames; accepted by Daryl Borque, Chairman of Mayor's Committee for People with Disabilities "Fire Prevention Week"-October4-10,2009-Proclamation read by Councilmember Pate; accepted by Anne Huff, Fire Chief, and Jack Maddox, Fire Marshall "Italian American History Month" - October 29, 2009 - Proclamation read by Lucy Blackstock, with the Italian American Club Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda. Minutes-October 6,2009 Louis Vaughn 1615 Mapes Beaumont TX Spoke in regards to Item: #3 on the agenda; write-off of uncollectible delinquent accounts Richard Chappell 4335 Flamingo Rd. Beaumont TX Spoke in regards to Item: #3 on the agenda; write-off of uncollectible delinquent accounts Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. CONSENT AGENDA Approval of minutes - September 29, 2009 Confirmation of committee appointments - Resolution 09 - 293 Jon Reaud would be reappointed to the Community Development Advisory Committee. The current term would expire September 24, 2011. (Councilmember W. L. Pate, Jr.) A) Authorize a one year contract with the Art Museum of Southeast Texas-Resolution 09-294 B) Authorize a one year contract with the Southeast Texas Arts Council - Resolution 09 -295 C) Authorize a one year contract with the Texas Energy Museum - Resolution 09 - 296 D) Approve a one year contractwith BUILD, Inc., Beaumont Main Street for downtown economic development purposes - Resolution 09 - 297 E) Approve a one year contract with the Beaumont Heritage Society/John Jay French Museum- Resolution 09 - 298 F) Approve the renewal of an annual maintenance agreement for Sungard Public Sector software support - Resolution 09 - 299 G) Approve a resolution nominating C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District - Resolution 09 - 300 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Page 2 of 9 Minutes-October 6,2009 GENERAL BUSINESS 1. Consider authorizing publication of notice of intention to issue $30 Million in Certificates of Obligation to finance various street, drainage and general improvement projects throughout the city. Administration recommended approval. The$30 Million in Certificates of Obligation will be issued to finance various street, drainage, and general improvement projects. Issuance of the Certificates is scheduled for December 1, 2009 with delivery and receipt of proceeds by the City on December 29, 2009. All debt and other expenses related to the Certificates of Obligation shall be incurred by the Debt Service Fund which is supported by property taxes. Councilmember Beaulieu moved to APPROVE A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 301 2. Consider approving the engagement of bond counsel and a placement agent relating to the proposed issuance of $30 Million of Certificates of Obligation, Series 2009 Administration requested approval of a resolution authorizing the engagement of Orgain, Bell & Tucker, LLP, Beaumont, Texas, as bond counsel and RBC Capital Markets, Houston, Texas, as placement agent in order to proceed with the issuance of$30 Million of Certificates of Obligation, Series 2009. The$30 Million in Certificates of Obligation will be issued to finance various street, drainage, and general improvement projects. Issuance of the Certificates is scheduled for December 1, 2009 with delivery and receipt of proceeds by the City on December 29, 2009. All debt and other expenses related to the Certificates of Obligation will be incurred by the Debt Service Fund which is supported by property taxes. Councilmember Pate made a motion to APPROVE A RESOLUTION APPROVING ENGAGEMENT OF BOND COUNSEL AND A PLACEMENT AGENT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH Page 3 of 9 Minutes-October 6,2009 NAYS: NONE MOTION PASSED Resolution 09 - 302 3. Consider approving a resolution to write-off uncollectible delinquent accounts. Administration requested approval of a resolution to write-off uncollectible delinquent accounts totaling $1,022,239.59 for which each individual account exceeds $1,000.00. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds$1,000.00. All accounts included are for transactions between 1993 and 2008 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Demolition Charges - $7,457.00 Liens have been placed on properties where the ownership has not changed since charges were incurred for demolition. These charges, originally incurred between 1993 and 1998 with payment plans placed with the City, have been sent to the collection agency for collection efforts for more than one year. 2. EMS Ambulance Charges - $911,559.59 These charges from ambulance transports include uninsured claims or co-pay and deductibles that the customer should be responsible for. The original charge dates range from 2003 to 2008 and accounts have been uncollectible for at least one year. 3. Solid Waste Franchise Charges - $10,982.03 Solid Waste Franchise fees are calculated as a percentage of sales and are reported to the City by the companies. These charges were from two companies resulting from an audit and the companies have gone out of business. 4. Fire Miscellaneous Charges - $3,554.54 This charge resulted from fire department response to a truck spill on the freeway. The company did not respond to our efforts to collect and the charge was sent to a collection agency for further collection pursuit in 2007. 5. Landfill Charges - $19,565.05 These Landfill charges were sent to the collection agency in 2007 and 2008. The majority of this balance is from solid waste companies that have gone out of business. 6. Retiree Insurance Charges - $2,074.74 These charges are for one customer and were incurred 10/2007 to 1/2008. Insurance could not be cancelled retroactively, so collection was pursued through other means to no avail. Page 4 of 9 Minutes-October 6,2009 7. Weed Abatement Charges - $65,046.64 Charges included in this total were sent to the collection agency in 2006, 2007 and 2008. These accounts are difficult to collect because of limited owner information. 8. Water Miscellaneous Charge - $2,000.00 This charge is a fine that resulted from a grease trap inspection. The business was sold but we attempted to pursue the owner personally. The charge was sent to the collection agency in 2007. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE DELINQUENT ACCOUNTS TOTALING $1,022,239.59 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 303 4. Consider authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation. Administration recommended City Council approve a resolution authorizing the City Manager to execute a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Sidewalks and Ramps Project at Amelia Elementary School. The City applied for and is scheduled to receive Congestion Mitigation and Air Quality (CMAQ) funds for the construction of sidewalks and ADA ramps to connect Amelia Elementary School with the surrounding neighborhoods. The new sidewalks will be installed on McLean from Enfield to Major Drive and Major Drive from McLean to Drennan. Federal funds will pay for 80% of the construction costs up to a maximum of $176,000. The City's participation is 100% of the preliminary engineering cost and 20% of the construction cost. The estimated cost to the City for preliminary engineering and construction share is$23,800 and $44,000, respectively. Funds are available in the Capital Program for the City's share of the project. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION TO RECEIVE CONGESTION MITIGATION AND AIR QUALITY FUNDS FOR THE SIDEWALKS AND RAMPS PROJECT AT AMELIA ELEMENTARY SCHOOL. Councilmember Coleman seconded the motion. Page 5 of 9 Minutes-October 6,2009 AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 304 WORKSESSION Review and discuss a proposed Owner-Occupied Rehabilitation Program utilizing 2009 HOME Program funds in the amount of $300,000 The City of Beaumont receives an annual allocation of federal HOME Investment Partnerships funds(HOME funds)from the U. S. Department of Housing and Urban Development to provide affordable housing opportunities to low-to-moderate income families. In prior years, the City utilized these funds primarily for the development of newly constructed housing. However, it has been noted by HUD that the overall community impact is not typically evident. I n order to provide a significant impact upon neighboring homes and communities, the Administration proposes adopting an Owner-Occupied Rehabilitation Program available to single-family home owners that will provide up to$65,000 to assist with eligible repairs for up to 5 low-to- moderate income families. Where cost estimates for repairs exceed $51,200, the home owner will be offered reconstruction. Reconstruction may not exceed $100,000 per eligible family. Federal regulations require that the City receive public comment on any new program under consideration for funding from the HOME Program. Funding is available from the 2009 HOME Program. PUBLIC HEARING Receive comments regarding the proposed Owner-Occupied Rehabilitation Program utilizing 2009 HOME Program funds in the amount of $300,000 Public Hearing Open: 2:54 p.m. Public Hearing Close: 2:54 p.m. WORKSESSION Review and discuss the Texas Weatherization Assistance Program The Texas Weatherization Assistance Program (WAP) is a Department of Energy-funded program authorized by the American Recovery and Reinvestment Act of 2009(ARRA). The Weatherization Assistance Program is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities and families with young children. Page 6 of 9 Minutes-October 6,2009 Typical weatherization work includes the installation of attic and wall insulation, caulking, weather stripping, repair or replacement of inefficient appliances, doors,windows, and minor energy-related repairs.The type of weatherization that a household may receive is contingent upon a household's income eligibility and a comprehensive assessment of the household's energy use. Funding in the amount of$1,382,532 has been allocated to the City of Beaumont for this program. This level of funding should allow for the provision of service to approximately 175 homes, with five percent (5%) of the funding amount used for administration expenses. The City would have two years to complete this program. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN - ANNOUNCED THE FIRE PREVENTION FESTIVAL, FRIDAY, OCTOBER 9, 2009 COUNCILMEMBER BEAULIEU - NONE MAYOR PRO TEM WRIGHT - CONDOLENCES TO THE FAMILIES OF ALLEN LEE AND JOHNIE ALFORD,ALSO MENTIONED ATTENDING"CROWNS" PORTRAITS OF BLACK WOMEN IN CHURCH HATS' COUNCILMEMBER PATE - CONDOLENCES TO THE FAMILIES OF ALLEN LEE AND JOHNIE ALFORD, ANNOUNCED THAT "IEA" (INSPIRE, ENCOURAGE AND ACHIEVE) WOULD BE HOSTING A GOLF TOURNAMENT ON MONDAY, OCTOBER 12, 2009, GIRLS HAVEN WILL BE HAVING A FUND RAISER ON SATURDAY, OCTOBER 10, 2009,THEY WILL BE HONORING MARGARET HUMPHRY AND JUDGE LARRY THORNE COUNCILMEMBER SAMUEL - CONDOLENCES TO THE FAMILIES OF ALLEN LEE AND JOHNIE ALFORD, ANNOUNCED THAT THE BEAUMONT INDEPENDENT SCHOOL DISTRICT WILL HAVE THEIR EDUCATIONAL SUMMIT ON SATURDAY,OCTOBER 10,2009, 9:00 A.M., AT CENTRAL HIGH SCHOOL, INQUIRED ABOUT THE WORKSESSION FOR THE POLICE CIVILIAN ADVISORY COUNCIL COUNCILMEMBER SMITH - CONDOLENCES TO THE FAMILIES OF ALLEN LEE AND JOHNIE ALFORD CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Page 7 of 9 Minutes-October 6,2009 MAYOR AMES - COMMENTED ON THE SALE AT THE BEAUMONT PUBLIC LIBRARY OVER THE WEEKEND,GIRLS HAVEN FUND RAISER, ANNOUNCED THE MAYORS COMMISSION WITH DISABILITIES AWARDS BANQUET ON FRIDAY, OCTOBER 9, 2009, MONDAY, OCTOBER 12, 2009, AT 6:00 P.M., THE OAKS HISTORIC DISTRICT NEIGHBORHOOD ASSOCIATION WILL OPEN THE IDA REED DOG PARK, THIS WILL BE THE FIRST DOG PARK IN BEAUMONT, THEY WILL ALSO BE CELEBRATING WITH A DOG CONTEST FOR HALLOWEEN Public Comments (Persons are limited to three minutes) Frank Keifer 3190 Willowood Beaumont TX Commented on the uncollectible delinquent accounts on the agenda, asked the Council to increase the homestead exemptions for seniors and disabled citizens Henry L. Duplantier 5595 Thresa Ct. Beaumont TX Commented on "CAPS" Clergy and Police Partnership, asked that the City Attorney make sure that all Clergy are familiar with the Privacy Act Gwen Jackson 4825 Park St. Beaumont TX Inquired as to whether the City would be buying the houses that are in the flood zone Glenda Ardoin 10003 Lawhon Rd. Beaumont TX Thanked Mayor and Council for all of their help in the neighborhood clean-ups and attendance in the community events, announced a fall clean-up that will be up coming as it gets cooler, thanked area businesses for their support for the August 15, 2009 annual picnic Louis Vaughn 9615 Mapes Beaumont TX Continued his dialogue on the safety, health and environmental issues in regards to South Park Middle School Christopher Jones 2200 Poplar St. Beaumont TX Commented on hazardous roads in the City, as well as the widening of Gladys Open session of meeting recessed at 3:45 p.m. Page 8 of 9 Minutes-October 6,2009 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Crown Motel Tina Lewallen v. the City of Beaumont Crockett Street Development, Ltd. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 6 111-.4 . 6&,elr (40W air IUM Becky Am °e Mayor ;► 11� LU Tina Broussard, City Clerk Page 9 of 9 Minutes-October 6,2009