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HomeMy WebLinkAboutMIN AUG 10 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tern BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman,Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward II Audwin Samuel,Ward III August 10, 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 August 10, 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 1-9/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Sabine Lamar of Bethlehem Lutheran Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Stephanie Gandy, Deputy City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Coleman, Beaulieu and Wright. Absent: Councilmember Samuel, Councilmember Smith and Tina Broussard, City Clerk. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Stephanie Gandy, Deputy City Clerk. Councilmember Samuel was out of the city attending the National Black Caucus of Local Elected Officials (NBC-LEO) Conference in Memphis, TN. Councilmember Smith is out of the city on vacation. Proclamations, Presentations, Recognitions "Celebrating 90 Years - Pioneering Women" - Proclamation read by Mayor Ames; accepted by Georgine Guillory Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda. None CONSENT AGENDA Approval of minutes - August 03, 2010 Confirmation of committee appointments - None Minutes-August 10,2010 A) Approve Change Order No. 3 for the Downtown Brick Paver Sidewalk Project 2008 - Resolution 10 -208 B) Approve an agreement for calculation services related to Build America Bonds - Resolution 10 - 209 C) Authorize the acceptance of a Water Line Easement to provide water and fire protection services for Homer Elementary School located at 8950 Homer Drive-Resolution 10 -210 D) Authorize an application for, and acceptance of, funding from the Texas Comptroller's office for Tobacco Compliance - Resolution 10 - 211 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Receive the proposed FY 2011 Budget and schedule a public hearing. Administration recommended Council schedule a public hearing on August 31, 2010 at 1:30 p.m. in the Council Chambers related to the proposed FY 2011 Budget. Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4 requires Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish the notice of the public hearing. A work session on the proposed FY 2011 Budget will be held on August 31, 2010. Councilmember Wright moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2011 BUDGET FOR THE CITY OF BEAUMONT BE AND HEREBY RECEIVED AND THAT A PUBLIC HEARING TO CONSIDER THE PROPOSED FY 2011 BUDGET FOR THE CITY OF BEAUMONT SHALL BE HELD AUGUST 31,2010,AT 1:30 P.M.IN THE COUNCIL CHAMBERS LOCATED IN CITY HALL AT 801 MAIN STREET, BEAUMONT, TEXAS. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE Minutes-August 10,2010 Page 2 of 9 MOTION PASSED Resolution 10 -212 2. Receive the proposed 2011 Capital Program and schedule a public hearing. Administration recommended Council schedule a public hearing on August 31, 2010 at 1:30 p.m. in the Council Chambers related to the proposed 2011 Capital Program. The proposed 2011 Capital Program was originally submitted to Council on May 11, 2010. Revisions have been made to the original proposed document and are attached for your review. Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing. The Capital Program will be reviewed with Council at a work session on August 31, 2010. Council member Beaulieu made a motion to APPROVE THAT THE PROPOSED FY 2011 CAPITAL PROGRAM FOR THE CITY OF BEAUMONT BE AND IT IS HEREBY RECEIVED AND THAT A PUBLIC HEARING TO CONSIDER THE PROPOSED FY 2011 CAPITAL PROGRAM FOR THE CITY OF BEAUMONT SHALL BE HELD AUGUST 31, 2010, AT 1:30 P.M. IN THE COUNCIL CHAMBERS LOCATED IN CITY HALL AT 801 MAIN STREET,BEAUMONT,TEXAS. Council member W right seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Resolution 10 -213 3. Consider establishing and taking a record vote on the proposed 2010 tax rate and schedule public hearings. Administration recommended Council establish a tax rate required to support the City Manager's proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate exceeds the lower of the rollback rate of$0.679284 or the effective tax rate of$0.623292, the City Council must take a record vote to place the proposal to adopt the rate on the agenda of a future meeting. The effective tax rate is the rate that would produce the same amount of taxes in FY 2011 as was produced in FY 2010 if it was applied to the same properties taxed in both years. The proposed tax rate of$0.640000, which is the current tax rate, exceeds the effective tax rate of $0.623292 by $0.016708. If the motion passes, two public hearings must be scheduled. It is recommended that the public hearings be held on August 31, 2010 and September 7, 2010 at 1:30 p.m. in the Council Chambers. Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE PROPOSED TAX RATE OF $0.64000 NECESSARY TO SUPPORT THE CITY MANAGER'S BUDGET IS HEREBY Minutes-August 10,2010 Page 3 of 9 SCHEDULED FOR CONSIDERATION AT TWO (2) PUBLIC HEARINGS TO BE HELD ON AUGUST 31, 2010,AND SEPTEMBER 7,2010,AT 1:30P.M.IN THE CITY COUNCIL CHAMBERS LOCATED IN CITY HALLAT 801 MAIN STREET,BEAUMONT,TEXAS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Resolution 10 -214 Record Vote to consider the proposed tax rate: Mayor Ames - Yes Mayor Pro Tern Pate - Yes Councilmember Coleman - Yes Councilmember Beaulieu - Yes Councilmember Wright - Yes Councilmember Samuel - Absent Councilmember Smith - Absent 4. Consider amending the FY 2010 Budget to appropriate additional expenditures in the Employee Benefits Fund. Administration recommended that Council amend the Fiscal Year 2010 Budget to appropriate additional expenditures in the Employee Benefits Fund. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The City's self-funded Preferred Healthcare Provider Organization, or PPO, has experienced $1.4 Million in claims above what was anticipated in the Budget. This was a year of unusually high claims. Because other divisions accounted for in the Employee Benefits Fund are expected to complete the year under budget, the net increase in appropriations for the fund is $633,300. An increase of$633,300 is proposed for the FY 2010 Budget to cover these increased costs. There is sufficient fund balance to cover the increase in expenditures in the Employee Benefits Fund with the amount remaining being adequate for providing reserves for future claims, if necessary. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. Page 4 of 9 Minutes-August 10,2010 AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 060 5. Consider amending the FY 2010 Budget to appropriate additional expenditures and revenues in the Water Fund. Administration recommended that Council amend the FY 2010 Budget to appropriate additional expenditures and revenues in the Water Fund. The Water Fund had unexpected expenditures related to a 36-inch sanitary sewer line under Eastex Freeway that was identified as an emergency project. An increase of $369,600 is proposed for the FY 2010 Budget to cover these unexpected costs. Additional revenues of$2,166,900 were received in FY 2010 and are available to cover the increase in expenditures. Revenues for FY 2010 are expected to be greater than what was anticipated in the budget and will be sufficient to cover the increase in expenditures in the Water Fund. Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE WATER FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 061 6. Consider amending the FY 2010 Budget to appropriate additional expenditures in the Municipal Transit Fund. Administration recommended that Council amend the FY 2010 Budget to appropriate additional expenditures in the Municipal Transit Fund. The Municipal Transit Fund is projected to exceed budgeted expenditures by $129,400. FY 2010 is the first full year of operating the new CNG buses. The Budget anticipated a reduction in the maintenance and fuel costs associated with the new buses. While a reduction was realized, the budget overestimated the savings that would be realized and therefore, an amendment is needed. Minutes-August 10,2010 Page 5 of 9 There is sufficient fund balance to cover the increase in expenditures in the Municipal Transit Fund. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE MUNICIPAL TRANSIT FUND; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 062 7. Consider amending the FY 2010 Budget to transfer $75,000 from the Solid Waste Fund to the General Liability Fund. Administration recommended that Council amend the FY 2010 Budget to appropriate $75,000 in the Solid Waste Fund to be transferred to the General Liability Fund. During FY 2010,the Solid Waste Division has incurred costs associated with liability claims totaling$130,000.The Solid Waste Fund's FY 2010 Budget includes a transfer of$75,000 to the General Liability Fund to cover such claims. The budgeted transfer is insufficient to cover the liability claims incurred. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO TRANSFER$75,000 FROM THE SOLID WASTE FUND TO THE GENERAL LIABILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE MOTION PASSED Ordinance 10 - 063 8. Consider amending the FY 2010 Budget to transfer$34,300 from the General Fund to the Municipal Airport Fund. Administration recommended that Council amend the FY 2010 Budget to appropriate $34,300 in the General Fund to be transferred to the Municipal Airport Fund. Minutes-August 10,2010 Page 6 of 9 During FY 2010, the Municipal Airport Fund had unexpected expenditures due to excavation of underground gas tanks and back filling of those tanks related to the runway project funded by a grant. The excavation expenditures are above and beyond the funding provided by the grant; therefore, will require additional funding from the General Fund. Councilmember Coleman made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO TRANSFER$34,300 FROM THE GENERAL FUND TOTHE MUNICIPAL AIRPORT FUND;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN AND BEAULIEU NAYS: COUNCILMEMBER WRIGHT MOTION PASSED Ordinance 10 - 064 9. Consider amending Chapter 8, Section 8-2 (b) of the Code of Ordinances regarding the Municipal Court Juvenile Case Manager Fund. Administration recommended Council amend Chapter 8, Section 8-2 (b) of the Code of Ordinances, to increase the fee charged for the conviction of a juvenile fine-only misdemeanor. According to the Texas Code of Criminal Procedure, Article 102.0174, provides for a governing body to charge a juvenile case manager fee, not to exceed five dollars ($5), as a cost of court. During the preparation of the budget for FY 2011, it became apparent that the current fee of two dollars and fifty cents ($2.50) is not enough to support the salary and benefits of the juvenile case manager on staff. In addition, most cities are currently charging the maximum amount. Therefore,the ordinance should be amended to increase the fee to five dollars ($5.00). Amending the ordinance will increase revenue by an estimated $30,000 and will allow the city to fund all juvenile case manager expenditures without an additional subsidy by the General Fund. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE AMENDING CHAPTER 8, SUBSECTION 8-2(B), TO INCREASE THE FEE FOR CONVICTION OF A JUVENILE FINE-ONLY MISDEMEANOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU AND WRIGHT NAYS: NONE Page 7 of 9 Minutes-August 10,2010 MOTION PASSED Ordinance 10 - 065 COUNCILMEMBER COMMENTS COUNCILMEMBER SMITH - ABSENT COUNCILMEMBER SAMUEL - ABSENT MAYOR PRO TEM PATE - ADVISED CITIZENS TO STAY HYDRATED DUE TO THE HIGH TEMPERATURES AND TO STAY SAFE COUNCILMEMBER WRIGHT- COMPLIMENTED THE CITY FOR SUPPORTING CAMP BRIGHT STAR, COMMENTED ON THE WONDERFUL CEREMONY AND THINGS THAT ARE DONE TO HELP THE CHILDREN THAT TAKE PART IN THE PROGRAM, PRESENTED THE PLAQUES THAT WERE BESTOWED TO THE MAYOR AND COUNCIL, ANNOUNCED THAT SHE RECEIVED THE TOM MULVANEY "CARING SPIRIT" AWARD, ENCOURAGED THE PUBLIC TO SUPPORT BEN'S KIDS TO KEEP THE PROGRAM GOING,ALSO REMINDED EVERYONE ABOUT THE SCHOOL SUPPLY DRIVE TO BE HELD AT THE L. L. MELTON ON SATURDAY,AUGUST 14, 2010 FROM 9:00 A.M. TO 3:00 P.M. COUNCILMEMBER BEAULIEU - NONE COUNCILMEMBER COLEMAN - NONE CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - CONGRATULATED THE FIRE MUSEUM OF TEXAS FOR MAKING READER'S CHOICE LIST OF TEXAS MEETINGS AND EVENTS MAGAZINE, THE MUSEUM WAS AMONG THE FINALISTS FOR FAVORITE"UNIQUE VENUE"IN EAST TEXAS, ALSO NAMED WAS THE BEAUMONT CONVENTION AND VISITORS BUREAU IN THE CATEGORY OF "BEST DESTINATION MANAGEMENT ORGANIZATION", WINNERS WILL BE ANNOUNCED ON SEPTEMBER 13, 2010 Public Comments (Persons are limited to three minutes) Patrick Donart 1550 Montrose Beaumont, TX Thanked the City Manager for allowing some variance on the dress code so that he could show off his t-shirt for the Co-Ed Softball City of Beaumont Championship of which his Minutes-August 10,2010 Page 8 of 9 i team won, acknowledged various city employees that participate in the coordination of the slow-pitch softball organization Dorothy Evans 2825 Arthur Lane Beaumont, TX Congratulated Councilmember Wright on winning the Caring Spirit award, announced that AARP will be celebrating it's 39th anniversary on Thursday, August 12, 2010 at 12:00 p.m. at Atria Collier Park in the Town Hall Room, also voiced her concerns for the cost of homeowner's insurance and the fact that three policies are required, asked that someone look into having the weekly council meetings played on one of the local television stations for those that don't have cable With there being no Executive Session, Council adjourned at 2:15 p.m. Ati0jo available upon request in the City Clerk's Office. p Becky Ames, ayorQ��� tephanie Gandy, eputy W9 erk Page 9 of 9 Minutes-August 10,2010