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Home My WebLink AboutMIN AUG 31 2010 M I N U T E S - CITY OF BEAUMONT W.L. Pate,Jr., Mayor Pro Tem BECKY AMES, MAYOR Gethrel Williams-Wright,At-Large Dr. Alan B. Coleman, Ward I CITY COUNCIL MEETING Nancy Beaulieu,Ward 11 Audwin Samuel, Ward III August 31, 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 31,2010,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 1-2/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Billy Graff of Amelia Baptist 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 Pate, Councilmembers Coleman, Beaulieu,Wright,Samuel and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions "Julie Rogers Gift of Life Prostate Cancer Awareness Month" - September, 2010 - Proclamation read by Mayor Ames; accepted by Norma Sampson Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda. None CONSENT AGENDA * Approval of minutes - August 24, 2010 * Confirmation of committee appointments - None A) Approve the purchase of a used tractor-loader-backhoe for use by the Streets and Drainage Division - Resolution 10 - 226 Minutes-August 31,2010 B) Approve the purchase of traffic signal cabinets and controllers - Resolution 10 - 227 C) Approve a lease for the use of motorcycles by the Police Department-Resolution 10-228 Councilmember Samuel made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a contract with Transit Mix, Inc.,of Beaumont for the purchase of concrete and related materials. Administration recommended award of a contract to Transit Mix, Inc., of Beaumont, in the estimated amount of$595,850. Ready Mix Concrete and heavy construction materials,such as sand cement,stabilized sand, stabilized limestone, and raw sand, are primarily used by both the Streets and Drainage Division for street and sidewalk repair; and by the Water Utilities Department for sewer and water line installation and repair. Funds for this expenditure are budgeted in the user departments' operating budgets. Mayor Pro Tern Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY TRANSIT MIX FOR AN ANNUAL CONTRACT FOR THE PURCHASE OF READY-MIX CONCRETE AND RELATED MATERIALS IN THE UNIT AMOUNTS FOR AN ESTIMATED EXPENDITURE FOR USE BY THE WATER UTILITIES DEPARTMENT AND STREETS AND DRAINAGE DIVISION BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 229 2. Public Hearing: Receive testimony on an appeal of the Historic Landmark Commission's denial of a request to demolish the house at 2185 South Street. Minutes-August 31,2010 Page 2 of 7 Open: 1:49 p.m. Ms. DeStefano was sworn in by the City Clerk Jo DeStefano 7160 Wood Oak Beaumont TX Ms. DeStefano stated she works for Shaw Environmental and Infrastructure, who is the Construction Manager for the Rita recovery program. Ms. DeStefano spoke on behalf of the applicant, Ms. Dorothy Marshall,who recently became eligible for the Texas Homeowners Assistance Program(TRAP)/Hurricane Rita. Through this program,Ms.Marshall will be able to receive a new house because the existing residence was damaged by Hurricane Rita. Slides were shown to Council of the existing residence that Ms. Marshall resides in. The slides showed several leaks in the house which have lead to mold and deterioration. In addition,there are problems with the electrical and plumbing systems and termite infestation. If the structure is to be rehabilitated, the THAP Rita Program requires that the structure be brought up to HUD's Housing Quality Standards. If the amount to rehabilitate the property exceeds$40,0000 then the structure is to be demolished and a new structure built. The cost estimate by the Shaw Group to renovate the house is $96,236.08. Close: 2:01 p.m. Consider an appeal of the Historic Landmark Commission's denial of a request to demolish the house at 2185 South Street. Administration recommended approval for the request. Dorothy Marshall has applied for the appeal. Ms. Marshall has applied for the appeal. Ms.Marshall states that she recently became eligible for the Texas Homeowners Assistance Program(TRAP)/Hurricane Rita.Through this program, Ms.Marshall will be able to receive a new house because her existing residence at 2185 South was damaged by Hurricane Rita. Since this property is located within the Oaks Historic District,the demolition of the existing house must be approved by the Historic Landmark Commission. Ms. Marshall states that she has several leaks in the house which have led to mold and deterioration. In addition , there are problems with the electrical and plumbing systems and termite infestation. If the structure is to be rehabilitated, the THAP Rita Program requires that the structure be brought up to HUD's Housing Quality Standards. If that amount exceeds$40,000,then the structure is to be demolished and a new structure built.The cost estimate by Shaw Group to renovate the house is $96,236.08. Minutes-August 31,2010 Page 3 of 7 At Public Hearing held August 16 and 26,2010,the Historic Landmark Commission voted 9;0 and 4;3, respectively, to deny the request for demolition of the house at 2185 South. The Historic Landmark Commission stated that it does not oppose the demolition so much as the congruity of the size and design of the new house.The program regulations state the size of the family dictates the size of the house. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OVERTURNING THE DECISION OF THE HISTORIC LANDMARK COMMISSION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS TO DEMOLISH THE PROPERTY LOCATED AT 2185 SOUTH STREET, BEAUMONT, TEXAS, AND APPROVING SAID APPLICATION. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 072 WORKSESSION Review and discuss the Proposed FY 2011 Budget and the proposed 2011 Capital Program City Manager Kyle Hayes discussed the proposed FY 2011 Budget objectives, the proactive measures, preparations for the FY 2011 budget, the general fund revenues and expenditures, general fund statement, water utilities fund, and the solid waste fund. The City Manager also discussed the proposed 2011 Capital Program, publicwork projects design or construction phases, the general improvement projects design or construction phases and the water and sewer projects phases. PUBLIC HEARING Receive comments on the 2010 (FY 2011) Proposed Tax Rate Open: 2:39 p.m. None Close: 2:39 p.m. Receive comments on the proposed FY 2011 Budget and the proposed 2011 Capital Program Open: 2:40 p.m. Minutes-August 31,2010 Page 4 of 7 None Close: 2:40 p.m. WORKSESSION Review and discuss the City's health and dental plans Preston Pomykal with Holmes Murphy and Associates discussed the recommendations for FY 2011 health and dental benefits. The first item discussed was the dual PPO option which included a premium PPO plan and a basic PPO plan. In these plans there were discussions of the coinsurance which was 90%for the premium plan and 80%for the basic plan. The deductible was$250 for the premium plan and $500 for the basic plan, the out of pocket maximum would be $1,500 for both premium and basic, the primary care office visit is $20 for the premium and $25 for basic, the specialist office visit is$30 for premium and$35 for the basic, and the outpatient surgery co-pay is zero. There was discussion of the 2011 active employee contributions for civilian, police, fire, employee, employee plus one, employee plus two or more for the basic PPO and premium PPO plan. The 2011 retiree contributions were discussed as well as the flexible spending account and reasons to out-source the flexible spending accounts. Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- WISHED LAMAR UNIVERSITY THE BEST THIS SATURDAY AS THEY START A NEW SEASON AGAINST MCNEESE UNIVERSITY COUNCILMEMBER BEAULIEU - ALSO WISHED LAMAR UNIVERSITY LUCK THIS SATURDAY AGAINST MCNEESE UNIVERSITY,THANKED EVERYONE THAT WAS PRESENT WITH THE JULIE ROGERS GIFT OF LIFE FOR THEIR PROCLAMATION ON PROSTATE AWARENESS COUNCILMEMBER WRIGHT- APPRECIATE THE GIFT OF LIFE PROGRAM,THANKED LAURA CLARK, CHIEF FINANCIAL OFFICER, AND ALL OF THE ADMINISTRATIVE STAFF FOR THE JOB THAT THEY ARE DOING, COMMENTED ON THE NEW FACILITY THE DR. CAROLL "BUTCH" THOMAS EDUCATIONAL SUPPORT CENTER, GO LAMAR UNIVERSITY MAYOR PRO TEM PATE - THANKED THE JULIE ROGERS GIFT OF LIFE,AS WELL AS STAFF FOR A GREAT JOB ON THE BUDGET, WISHED TOM WARNER FAREWELL HE WILL BE TRULY MISSED, ENCOURAGED EVERYONE TO ATTEND THE LAMAR UNIVERSITY HOME GAME ON SEPTEMBER 11, 2010 Minutes-August 31,2010 Page 5 of 7 COUNCILMEMBER SAMUEL- GO LU, COMMENTED ON TOM WARNER AND HIS RETIREMENT WISHED HIM THE BEST IN HIS RETIREMENT, WANTED TO KNOW IF EVERYONE TURNED IN THEIR NAMES FOR THE ADVISORY BOARD, ASKED THE CITY ATTORNEY SEVERAL QUESTIONS REGARDING A CITIZEN ADVISORY BOARD AND A CIVILIAN REVIEW BOARD FOR CLARIFICATION BETWEEN THE TWO, ALSO ASKED IF THE CITY HAS RECEIVED A RESPONSE FROM THE ATTORNEY GENERAL'S OFFICE IN REGARDS TO THE REVIEW BOARD, STATED SEVERAL OPTIONS FOR THE CIVILIAN REVIEW BOARD, (COUNCILMEMBER WRIGHT INTERJECTED AND STATED SINCE THIS ITEM IS NOT A POSTED AGENDA ITEM SHE ASKED THAT A WORKSESSION BE CALLED FOR IN THE NEXT COUPLE OF WEEKS, THIS TOPIC SHOULD NOT BE DISCUSSED) COUNCILMEMBER SAMUEL REQUESTED A WORKSESSION IN REGARDS TO THE REVIEW BOARD COUNCILMEMBER SMITH - ANNOUNCED THE SOUTH PARK CLASS OF 1985 WILL BE HOLDING THEIR REUNION THIS WEEKEND,INVITED EVERYONE TO COME OUT AND JOIN THEM AT THE KC HALL CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- THANKED TOM WARNER FOR HIS 32 YEARS OF SERVICE, HE WILL BE GREATLY MISSED,WISHED HIM THE VERY BEST MAYOR AMES - EXPRESSED HER GRATITUDE TO TOM WARNER WHO IS RETIRING, HE WILL BE TRULY MISSED Public Comments (Persons are limited to three minutes) Paul Jones 10033 Brooks Rd Beaumont TX Commented on the budget and recommended that the Council be proactive and start to get the budget where it needs to be, also in support of the Citizen Review Board, it is very important that the citizens have a clear understanding and a clear voice as to how well the police are protecting them, the African American community needs to have a voice as well Vernon Durden 2110 Westbury Rd. Beaumont TX Thanked Council for considering the Citizen Review Board and would like to see one put into place, it is greatly needed Open session of meeting recessed at 3:24 p.m. Minutes-August 31,2010 Page 6 of 7 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Lewallen v. City of Beaumont City of Beaumont v. Greg Abbott, Attorney General of Texas, et al Gene E. Bates vs. The City of Beaumont There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. 19�AKV .1&11 py �N B ky A , ayor Tina Broussard, City Clerk Minutes-August 31,2010 Page 7 of 7