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Home My WebLink AboutMIN DEC 08 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 December 08, 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 December 08, 2009, atthe City Hall Council Chambers, 801 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 item 2/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Darin Ford, Director of Lamar University Baptist Student Ministry 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, Pate and Smith. Absent: Councilmember Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Public Comment: Persons may speak on scheduled agenda item 2/Consent Agenda. CONSENT AGENDA Approval of minutes - December 01, 2009 Confirmation of committee appointments - Resolution 09-361 Darryl Hill would fill the unexpired term of Barry Miller on the Convention and Tourism Advisory Board. The Term would commence December 8, 2009 and expire June 17, 2010. (Mayor Becky Ames) Norma Sampson would be reappointed to the Community Development Advisory Committee. The current term would expire September 2, 2011. (Mayor Becky Ames) Minutes-December 08,2009 Lee Smith would be reappointed to the Community Development Advisory Committee. The Current term would expire October 1, 2011. (Councilmember Jamie D. Smith) Tony Prados would be reappointed to the Community Development Advisory Committee.The current term would expire October 29, 2011. (Mayor Pro Tern Gethrel Williams-Wright) A) Authorize the Chief of Police and City Manager to execute all documents necessary to transfer an OH-58 Helicopter to the Jefferson County Sheriff's Department - Resolution 09 - 362 B) Authorize the acceptance of two(2)water line easements to provide access for fire protection services at 6045 college street - Resolution 09 - 363 C) Approve a resolution waiving charges and authorizing the release of weed & litter liens against property described as 2785 Pine Street, Block 69 of North Addition, Beaumont, Texas - Resolution 09 - 364 Mayor Pro Tern Wright made a motion to approve the Consent Agenda. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider a request for a specific use permit to allow a restaurant in an RCR-H (Residential Conservation and Revitalization-H) District at 2693 North Street. Item Removed 2. Consider amending Chapter 21-Personnel,Article I, Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60)of the Code of Ordinances to more clearly define the method of accruing leave. Administration recommended approval of amending Section 21-6(a)(1), Section 21-6(a)(2) and Section 21-60)to provide a clearer understanding of how vacation, personal and short- term disability leave are accrued. Chapter 21 of the Code of Ordinances addresses the conditions under which a civilian full- time employee can accrue vacation, personal and short-term disability leave. Currently the ordinance states that a full-time civilian employee shall earn leave only when the employee is paid for 80 hours in the same pay period. It does not clearly reflect the fact that the employee must be paid for 40 hours each week of the 80 hour pay period in order to accrue leave benefits. Page 2 of 6 Minutes-December 08,2009 Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 21, SUBSECTIONS 21-6(A)OF THE CODE OF ORDINANCES TO CLARIFY THE METHOD OF ACCRUING LEAVE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Ordinance 09 - 071 PUBLIC HEARING * Receive comments relating to a Texas Transportation Enhancement Program application for a proposed multi-use path around the Drainage District 6 storm water detention facility between Folsom and Delaware Open: 1:38 p.m. None Close: 1:38 p.m. 3. Consider approving a resolution authorizing the City Manager to submit a Texas Transportation Enhancement Program Application to the Texas Department of Transportation and accept funding if awarded. Administration recommended the City Council authorize the City Manager to submit a Texas Transportation Enhancement Program application,and accept if awarded,for a multi-use path around the Drainage District 6 storm water detention facility between Folsom and Delaware and acknowledge the City's contribution awarded. The Transportation Enhancement Program offers funding opportunities to help extend transportation choices and enhance the transportation experience through non-traditional transportation means.This includes the creation of bicycle and pedestrian infrastructure.The program is funded through the Surface Transportation Program and is administered through the Texas Department of Transportation. A call for applications opened on October 9, 2009 and closes on December 11, 2009. The funds will allow for the construction of a two and one- half mile concrete pathway for bicycle and pedestrian use around the storm water detention facility associated infrastructure, a parking lot, landscaping, benches, and a pavilion. The City's contribution will be 20%or$590,000 of the total project cost estimated at$2.95 million. If funded, this project will require a 20 year maintenance commitment. If awarded, the City's contribution will be $590,000 and will be funded through the Capital Program. Page 3 of 6 Minutes-December 08,2009 Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO SUBMIT A TEXAS TRANSPORTATION ENHANCEMENT PROGRAM APPLICATION TO FACILITATE THE INSTALLATION OF A MULTI-USE PATH AROUND A DRAINAGE DISTRICT 6 STORM WATER DETENTION FACILITY FOLSOM AND DELAWARE. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SMITH NAYS: NONE MOTION PASSED Resolution 09 - 365 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - COMMENTED ON THE CHRISTMAS PARADE AND OUR MOTHER OF MERCY SENIOR CHRISTMAS PARTY,SPOKE AT LEADERSHIP BEAUMONT ON RECYCLING,ANNOUNCED THE SOUTH PARK NEIGHBORHOOD ASSOCIATIONS CHRISTMAS PARTY ON THURSDAY, DECEMBER 10, 2009 AT 6:30 P.M., ALSO WEST TABERNACLE SENIORS WILL BE HAVING THEIR CHRISTMAS PARTY ON SATURDAY, DECEMBER 12, 2009 FROM 12:00 P.M.TO 3:00 P.M.,A CITIZEN HAS REQUESTED POOPER SCOOPERS AT THE DOG PARK COUNCILMEMBER PATE - COMMENTED ON THE CHRISTMAS PARADE, APPRECIATED LAMAR UNIVERSITY AND EVERYONE THAT PARTICIPATED IN THE PARADE, THANKED THE CITIZENS THAT CALLED, COMMENTED AND SENT EMAILS REGARDING THEIR THOUGHTS ON JACK IN THE BOX MAYOR PRO TEM WRIGHT- HAD THE PLEASURE OF CUTTING THE RIBBON FOR THE NEW ESTABLISHMENT ON CALDER AND 7TH BEAUMONT FRIED CHICKEN (BFC), THANKED DR. COLEMAN FOR TAKING CARE OF THE EMERGENCY SITUATION WITH HER GRANDSON, SKYLAR COUNCILMEMBER BEAULIEU - COMMENTED ON THE PARADE FESTIVITIES, THE TREE LIGHTING AS WELL AS OUR MOTHER OF MERCY CHOIR Minutes-December 08.2009 Page 4 of 6 COUNCILMEMBER COLEMAN - THANKED CAROLYN HOWARD AND THE MAIN STREET GROUP FOR ALL THEY DO,COMMENTED ON THE OPENING OF THE NEW ESTABLISHMENT HAMBURGER DEPOT, ANNOUNCED THE SOCCER STATE CHAMPIONSHIP FOR DIVISION II AND SUPER II BOYS YOUTH AGES 12-19, THERE WILL BE 52 TEAMS IN BEAUMONT WITH APPROXIMATELY 750 FAMILIES SPENDING TWO NIGHTS IN HOTELS, EATING IN RESTAURANTS AND ENJOYING ENTERTAINMENT,THANKED THE CONVENTION AND VISITORS BUREAU AND THE SOCCER ASSOCIATION FOR BRINGING THE TOURNAMENT TO BEAUMONT THIS YEAR COUNCILMEMBER SAMUEL - ABSENT CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE CHRISTMAS PARADE, DISAPPOINTED THAT THE PRESS DID NOT COVER THE BOAT PARADE,THERE WERE FIFTEEN BOATS THAT PARTICIPATED, ASKED IF ANYONE TOOK PICTURES AT THE BOAT PARADE WOULD LET HER KNOW SO THAT SHE COULD SOLICIT THE NEWSPAPER TO SHOW OFF THE BOATS THAT PARTICIPATED, THANKED ALL OF THE OWNERS OF THE BOATS THAT PARTICIPATED Public Comments (Persons are limited to three minutes) Alto Watson III 4730 Monticello Beaumont TX Spoke on behalf of James Mathews Jr.and the closed Executive Session that will take place after the meeting is recessed, asked that Council look at page1 of the arbitrator's report and to consider giving Mr. Mathews his job back Kerry Avie 3035 Elinor Beaumont TX Religious comments Suzanne Roane 2688 North Street Beaumont TX Informed Council that she had a signed petition in regards to Jack in the Box not being built in their neighborhood, stated it was her understanding that the City Council would have to deny Item No. 1 on the agenda by a vote Minutes-December 08.2009 Page 5 of 6 Bernie Minnard 1025 Brockman St. Beaumont TX Commented on the number of homes that have been built for low income people, asked how the homes are being passed without abiding by City code and are they being inspected and approved for citizens to live in, the homes will not last in the manner that they are being built Anthony Rosetta 825 Belvedere Beaumont TX Wished everyone a Merry Christmas, asked that Council give James Mathews hisjob back, it is the Christmas season, he has a wife and a child and has already been out of work for the last year, this is a job that he has been trained for so let him do what he has been trained to do Open session of meeting recessed at 2:02 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: In Re: City of Beaumont, Texas, and Local 399, AAA Case No. 70 390 00042 09, Disciplinary Appeal of James Mathews, Jr. There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ame Mayor Tina Broussard, City Clerk Minutes-December 08,2009 Page 6 of 6