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HomeMy WebLinkAboutMIN APR 13 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate, Jr.,At-Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu, Ward II Audwin Samuel,Ward III April 13, 2010 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 April 13,2010, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Rabbi Joshua Taub of Temple Emanuel gave the invocation. Mayor Pro Tern Wright 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 Samuel. Absent: Councilmember Smith. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Councilmember Smith was absent to due to election run-off Proclamations, Presentations, Recognitions "Days of Remembrance " - April 11 - 18, 2010 - Proclamation read by Councilmember Coleman; accepted by Rabbi Joshua Taub, with Temple Emanuel "Sixty-Second Neches River Festival Week" -April 13-25,2010-Proclamation read by Mayor Ames; accepted by the Neches River Festival Representatives "Stop Colon Cancer Now Month" - April, 2010 - Proclamation read by Councilmember Pate; accepted by Dr. Joseph Holland, with Endoscopy Center of Southeast Texas "Sexual Assault Awareness and Prevention Month" -April, 2010- Proclamation ready by Councilmember Samuel; accepted by Cheryl Williams, with the Rape and Suicide Crisis Center of Southeast Texas Minutes-April 13,2010 "Crime Victims Rights and Prevention Week" -April 18-24, 2010- Proclamation ready by Councilmember Beaulieu; accepted by Cindy Fertitta, with the Rape and Suicide Crisis Center of Southeast Texas Presentation by Donda Thomasson with the McFaddin Ward House regarding the Green Summit Presentation by Carolyn Howard with Beaumont Main street regarding the Classic Film Festival Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda. None CONSENT AGENDA Approval of minutes - March 30 , 2010 Confirmation of committee appointments - None A) Approve an application for, and acceptance of, new funding for the Southeast Texas Auto Theft Task Force - Resolution 10 - 085 B) Authorize the City Manager to enter into a memorandum of understanding with Baptist Hospitals of Southeast Texas for the Hospital to make application for grant funding through the Port Security Grant Program - Resolution 10 - 086 C) Authorize the City Manager to execute a three party agreement with Burlington, Northern& Santa Fe Railroad, Beaumont Independent School District and the City - Resolution 10 - 087 D) Authorize the acceptance of a Water Line Easement to provide water services for Harbor Hospital - Resolution 10 - 088 E) Authorize the acceptance of a Water Line Easement to provide water services for Regina Howell Elementary School - Resolution 10 - 089 F) Authorize the acquisition of properties for the Concord Road Pavement Widening Project- Resolution 10 - 90 G) Authorize the City Manager to execute a contract amendment to an existing contract with ITEX Properties for the Sunlight Manor Apartments project - Resolution 10 - 91 Page 2 of 11 Minutes-April 13,2010 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving the purchase of a Streets Work Management, Street Pavement, and Signal and Sign Tracking Asset Management System. Administration recommended approval of the purchase of the system from GBA Master Series, Inc. (gba MS), of Overland Park, Kansas, in the amount of$170,630. The Public Works Department plans and manages maintenance and rehabilitation of seven hundred seventy-five (775) miles of City streets. Key functions are the collection and organization of accurate data,analysis of road conditions, integration of GIS and work order data. The existing streets work management system is an outdated custom-written application that does not integrate with GIS technology or the City's 311 System. The current system does not track and manage traffic signs, signals, or street lights. An integrated system is needed to improve the efficiency and capability of the department to manage work, data, and assets. Features of the new system include the ability to integrate with the 311 Service Call system to manage incoming calls and work requests and to build work orders. The system provides for full tracking of sign and signal assets as well as equipment, materials and labor. Funds are available in the Streets & Drainage Improvement Fund. Councilmember Coleman moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A STREETS WORK MANAGEMENT,STREET PAVEMENT,AND SIGNAL AND SIGN TRACKING ASSET MANAGEMENT SYSTEM FROM GBA MASTER SERIES, INC., OF OVERLAND PARK,KANSAS,IN THE AMOUNT OF$170,630. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 092 Page 3 of 11 Minutes-April 13,2010 2. Consider authorizing the City Manager to receive funding through the Department of Homeland Security Supplemental 2007 Port Security Grant Program, and enter into a memorandum of understanding with Jefferson County to facilitate expenditure of the grant funding through the Port Security Grant Program fiduciary process. Administration recommended approval. The Homeland Security Grant Program consists of a number of grant programs,one of which is the Port Security Grant Program(PSGP).This grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it since it has been designated as critical to national infrastructure. Funding was requested for three (3) projects totaling $2,009,579,with the grant funding 75%of each project. It is anticipated that$607,184.25 of the grant funds will fund the replacement and upgrade of the roof on the EOC and 911 Operations Center to protect against all manner of hazards and allow safety for critical command and control facility and first responder sheltering.Also,$675,000 of the funding is anticipated for a generator and electrical updates to provide backup power for the Police Department headquarters, which also provides backup capability and sheltering for first responders during emergencies. The existing system is original to the building and was installed in the 1960's. It is located in the basement of the building,which is prone to flooding, and only powers a small part of the building. Due to the age of the system, replacement parts have been unavailable since 2008. Finally, $225,000 is anticipated to be used for future communication projects as needed to support public safety operations. 2007 Supplemental funding was provided to this region as a lump sum to be distributed to the eligible agencies through one finance entity.Jefferson County assumed this fiduciary role at the request of the U.S.Coast Guard.The memorandum of understanding formally describes each party's responsibilities. Total project costs are anticipated to be $2,009,579. Grant funding amounts to 75% or $1,507,184.25, of the total and the City has a required match of 25%or$502,394.75, of the total. Funds for the required match are included in the Capital Reserve Fund's FY 2010 Budget. Councilmember Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO RECEIVE FUNDING IN THE AMOUNT OF $1,507,184.25 THROUGH THE DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTAL 2007 PORT SECURITY GRANT PROGRAM (PSGP). Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 093 Page 4 of 11 Minutes-April 13,2010 3. Consider approving a contract for Municipal Court Building roof replacement. Administration recommended the award of a contract through the Texas Multiple Award Schedule to The Garland Company, Inc. (dba)Design-Build Solutions, Inc. in the amount of $667,216 for replacing the roof on the Municipal Court Building. The TXMAS Program,established by the State of Texas Procurement and Support Services office, adapts existing competitively awarded federal government contracts to the procurement needs of the State and other government entities within Texas. The contracts meet all state bidding requirements. The Garland Company, Inc. (dba) Design-Build Solutions, Inc. (Garland) is a contracted vendor with the TXMAS program. Replacement of the roof on the Municipal Court Building with a roof meeting wind code standards for a Category 5 Hurricane will provide greater assurance that the building's roof will remain in place during a hurricane. The roof will be warranted for twenty (20) years. The roof can be replaced within 180 days. Funds for this project are available through a 2007 Port Security Supplemental Grant. The City's share is 25% of the total cost or $166,804. Funds for the City's contribution are available in the Capital Reserve Fund. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO THE GARLAND COMPANY,INC.,DBA DESIGN. BUILD SOLUTIONS, INC.,THROUGH THE TEXAS MULTIPLE AWARDS SCHEDULE, IN THE AMOUNT OF$667,216 FOR ROOF REPLACEMENT ON THE MUNICIPAL COURT BUILDING. Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 094 4. Consider approving a HOME Program contract for acquisition and rehabilitation of properties for lease purchase. Administration recommended approval. The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development(HUD)which will pay for this contract. Page 5 of 11 Minutes-April 13,2010 Upon execution of a contract, Legacy CDC will identify two (2) properties currently on the market and submit them for the Administration's review process which includes satisfying the program's lot specifications,environmental review,and code compliance. Eligible properties will be acquired and rehabilitated,and a lease-purchase extended to eligible low-to-moderate income families for a period not to exceed 36 months. Where rehabilitation would not be feasible, Legacy may,with prior written authorization from the City's Community Development Director, demolish and reconstruct a suitable unit on the same lot. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing activities. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. Funding is available form the 2008 and 2009 HOME Program. COuncilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION IN THE AMOUNT OF $250,000 FOR THE ACQUISITION AND REHABILITATION OF PROPERTIES FOR LEASE PURCHASE TO ELIGIBLE LOW TO MODERATE INCOME FAMILIES, SAID CONTRACT TO BE FUNDED FROM THE 2008 AND 2009 HOME PROGRAMS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 095 5. Consider approving a HOME Program contract for operating expenses. Administration recommended approval. The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U. S. Department of Housing and Urban Development (HUD) and has previously awarded contracts for acquisition or construction of housing to be sold to eligible low/moderate income families under lease purchase agreements. Federal regulations require that a minimum of fifteen percent(15%)of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods, particularly in the north end, by providing home ownership opportunities for low to moderate income families. This funding will enable Legacy to fund operating expenses. Their initial project will be to identify two(2)properties currently on the market and submit them for the review process, which includes satisfying the program's lot specifications, environmental review, and code compliance. Eligible properties will be acquired and rehabilitated, and a lease-purchase extended to eligible low-to-moderate income families for a period not to exceed 36 months. Any and all income received by Legacy for leased properties must be used toward the organization's affordable housing Page 6 of 11 Minutes-April 13,2010 activities. Funds will also be used for Homebuyer Counseling, Neighborhood Outreach and the redevelopment of Census Tracts 6, 7, and 8 as part of the Housing Authority's HOPE VI Program. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. Funding is available form the 2008 and 2009 HOME Program. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE,AND HE IS HEREBY,AUTHORIZED TO EXECUTE A CONTRACT IN THE AMOUNT OF$40,066 WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION FOR OPERATING EXPENSES,SAID CONTRACT TO BE FUNDED FROM THE 2008 AND 2009 HOME PROGRAMS.Mayor Pro Tern Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 10 - 096 6. Consider approving the rate refund of Entergy Texas, Inc.contained in the Statement of Intent to Adopt a New Rate filed with the City on March 25, 2010. Administration recommended approval of an ordinance approving the rate refund of Entergy Texas, Inc., contained in the Statement of Intent to Adopt a New Rate filed with the City on March 25, 2010. On March 25, 2010, Entergy Texas, Inc.,filed a Statement of Intent to Adopt a New Rate to implement a new Rough Production Cost Equilization refund. This new rate would mean a credit to Texas retail customers in an estimated amount of$117.5 million with interest over a four (4) month period beginning May, 2010. These refunds result from a redistribution of production costs by the Federal Energy Regulatory Commission. An average residential customer using 1000 k Wh could expect a refund of$28.46 in May, $21.44 in June, $15.56 in July and $16.07 on their August bill. In order for the refund to be implemented in May pursuant to the agreement of the cities,a rate refund ordinance must be passed in April. Councilmember Beaulieu made a motion to ADOPTAN ORDINANCE BYTHE CITYOF BEAUMONT, TEXAS ("CITY") APPROVING THE RATE REFUND OF ENTERGY TEXAS INC. CONTAINED IN THE STATEMENT OF INTENT FILED ON MARCH 25,2010; FINDING THAT THE MEETING COMPLIES WITH OPEN MEETINGS ACT;MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;AND DECLARING AN EFFECTIVE DATE. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS COLEMAN, BEAULIEU, PATE AND SAMUEL Page 7 of 11 Minutes-April 13,2010 NAYS: NONE MOTION PASSED Ordinance 10 - 021 PUBLIC HEARING * Receive comments on the Public Service and Public Facilities and Improvements line items of the Consolidated Grant Program's 2010 Annual Action Plan Open: 2:22 p.m. Katie Durio 10592 Gaulding Rd. Beaumont TX Stable Spirit Brenda Garrison 810 Hospital Dr. Suite 190 Beaumont TX Child Abuse and Forensic Services Elaine Shellenberger 6870 Durango Circle Beaumont TX Nutrition and Services for Seniors Cheryl Williams P.O. Box 3208 Beaumont TX Rape and Suicide Crisis Center Rev. J.D. Roberts 5475 Landry Ln. Beaumont TX SOC, Children in Motion, Inc. Emily Spickler 5475 Landry Ln. Beaumont TX SOC, Children in Motion, Inc. Virginia Crook 595 Orleans Beaumont TX One Church One Child Pat Coldewey 2675 McFaddin Beaumont TX Anayat House Tonya Cobb - MCFerren P.O. Box 7123 Beaumont TX RAP - Ready, Able and Persistent Page 8 of 11 Minutes-April 13,2010 Linda Kellum 1297 Calder Beaumont TX Life Training Institute dba Rapha Support Services Linda Cox 4400 Highland Ave. Beaumont TX Christian Women's Job Corps. Kay Decuir 855S. 8th St. Beaumont TX Shorky Center Monica Mason 625 Orleans Beaumont TX Hotel Beaumont Close: 3:10 p.m. COUNCILMEMBER COMMENTS COUNCILMEMBER SAMUEL - COMMENTED ON WORKING WITH THE 2010 CENSUS, THANKED STEPHEN RICHARDSON WHO WORKED HARD TO ENCOURAGE CITIZENS TO FILL OUT THE FORMS, COMMENTED ON THE VICTIMS AGAINST VIOLENCE WHO HAD THEIR FAIR ON FRIDAY COUNCILMEMBER PATE - INVITED EVERYONE TO PARTICIPATE IN THE MAIN STREET CLASSIC FILM FESTIVAL, COMMENTED ON THE NECHES RIVER FESTIVAL,ENCOURAGED EVERYONE TO CHECK WITH THEIR PHYSICIAN REGARDING COLON CANCER WHICH IS VERY SERIOUS MAYOR PRO TEM WRIGHT- COMMENTED ON THE TEXAS PROBATION ASSOCIATION, WHO HELD THEIR CONFERENCE HERE IN BEAUMONT, WAS ABLE TO BRING ABOUT 250 TO 300 DELEGATES AND WAS HUMBLE TO BRING FORTH THE WELCOME, REMINDED THE DELEGATES TO SPEND MONEY IN BEAUMONT,STATED THAT THE CITY IS EXPANDING AND ALL OF THE EXPANSIONS ARE GOING INTO THE WEST END, REQUESTED SOLICITATION FROM ANY PRIVATE ORGANIZATIONS THAT WOULD LIKE TO PURCHASE LAND BETWEEN LAMAR AND AVENUE A TO ENHANCE THE AREA COUNCILMEMBER BEAULIEU - CONGRATULATED THE OLD TOWN NEIGHBORHOOD ASSOCIATION ON THEIR SPRING BASH, GREAT THAT MAYOR PRO TEM WRIGHT IS PROMOTING BUY BEAUMONT AND ENCOURAGING CITIZENS TO SUPPORT LOCAL Page 9 of 11 Minutes-April 13,2010 BUSINESSES TO KEEP OUR SALES TAX DOLLARS HERE IN THE AREA COUNCILMEMBER COLEMAN - ENCOURAGED EVERYONE TO ATTEND ANY NECHES RIVER FESTIVAL EVENTS,WISHED HIS BEAUTIFUL BRIDE,JULIE,A HAPPY BIRTHDAY COUNCILMEMBER SMITH - ABSENT CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- THANKED ALL OF THE ORGANIZATIONS THAT SPOKE DURING THE PUBLIC HEARING, THANKED JOHNNIE BEATTY AND STAFF FOR ALL OF THEIR HARD WORK, AS WELL AS THE COMMITTEE MEMBERS THAT SIT ON THE COMMUNITY DEVELOPMENT ADVISORY BOARD,ENCOURAGED EVERYONE TO VOTE TODAY,THERE IS A RUN-OFF ON THE DEMOCRATIC AND REPUBLICAN SIDE Public Comments (Persons are limited to three minutes) W.R. Sam 1761 Rena St. Beaumont TX Thanked Council for their great work,thanked Johnnie Beatty and his staff for all of the hard work they put into the Community Development program,appreciates Mayor Pro Tern Wright for pushing for more business in Wards III and IV, commented on Code Enforcement, feels that the department needs more enforcement power to do their jobs to improve the community, does support a Police Review Board Tavares Johnson 3190 Eastex Freeway #166 Beaumont TX Spoke regarding the Beaumont Transit and the possibility of the hours being changed,feels this change will affect the citizens that work late hours that depend on City tranportation to get home, asked that Council not change the hours, requested a petition to keep the hours the same Toni Prados 1090 Avenue H Beaumont TX Commented on the town hall meeting held by Councilmember Smith,was disappointed that more Councilmembers did not attend, inquired as to where the equipment went that was in the Melton YMCA facility, requested that the City oversee whoever will take over the facility, asked that Council take this into consideration Open session of meeting recessed at 3:31 p.m. Page 10 of 11 Minutes-April 13,2010 I EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Greg Abbott, Attorney General of Texas, et al Clifford Teasley v. City of Beaumont Eric Kvarme, et al v. City of Beaumont, et al There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 0",�Becky Ames, ayor 1 AL&in I A Tina Broussard, City Clerk l. ,,1�1ti�[ Page 11 of 11 Minutes-April 13,2010