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HomeMy WebLinkAboutMIN SEP 21 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 September 21,2010 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 September 21,2010, 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 1-5/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Howard Cameron of Trinity Church gave the invocation. Councilmember Coleman 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 "World Alzheimer's Day " -September 21, 2010- Proclamation read by Mayor Pro Tern Pate; accepted by Lynn Bencowitz with the Alzheimer's Association "Pray Beaumont Day" -September 26, 2010-Proclamation read Mayor Ames; accepted by Pastors from the Beaumont Area Pastor Council "National Employer Support of the Guard and Reserve Week" - September 19 -23, 2010 - Proclamation ready by Councilmember Samuel; accepted by David Pickett Council Recessed at 1:50 p.m. There was a 15 minute recess for refreshments served in the lobby of City Hall, hosted by Employer Support of the Guard and Reserve Council Reconvened at 2:07 p.m. Minutes-September 21,2010 Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda. None CONSENT AGENDA Approval of minutes - September 14, 2010 Confirmation of committee appointments - None A) Approve the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme, et al. Plaintiffs vs. The City of Beaumont, et al. Defendants - Resolution 10 - 241 B) Approve a resolution to reduce lien charges and weed abatement charges in the amount of $2,964.72 and authorize the release of weed liens against property described as East 1/2 of Lot 2, Block 23, North Addition, Beaumont, Texas, also known as 2425 Pine Street - Resolution 10 - 242 C) Authorize the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers to assist in recovery efforts associated with the Hurricane Ike disaster- Resolution 10 - 243 D) Authorize the City Managerto approve a memorandum of understanding with North Central Texas Council of Governments to allow the Police Department to share data with other law enforcement agencies through a Law Enforcement Analysis Portal - Resolution 10 - 243 Councilmember Smith made a motion to approve the Consent Agenda. Councilmember Wright 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 adopting the FY 2011 Budget. Administration recommended Council adopt the FY 2011 Budget as submitted to Council on August 10, 2010. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council. "Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh(27th)day of the last month of Page 2 of 8 Minutes-September 21,2010 the fiscal year. Should the Council take no final action on or prior to such day,the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2011 Budget was submitted to Council on August 10, 2010, and reviewed during a work session on August 31,2010. A public hearing was held on August 31,2010,which met the requirements of the Charter and state law. The proposed FY 2011 Budget appropriation for all funds, net of contingency, totals $205,383,228. Mayor Pro Tern Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2010,AND ENDING SEPTEMBER 30, 2011, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilmember Beaulieu seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU, SAMUEL AND SMITH NAYS: NONE ABSTAIN: COUNCILMEMBER WRIGHT MOTION PASSED Ordinance 10 - 076 2. Consider adopting the 2011 Capital Program. Administration recommended Council adopt the 2011 Capital Program as submitted to Council on May 11, 2010 and revised August 10, 2010. Article VI,Section 20 states that"the Council shall,by resolution,adoptthe Capital Program with or without amendment after the public hearing and on or before the twenty-seventh(27) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11,2010. It was revised and submitted to Council on August 10,2010,and reviewed during a work session on August 31, 2010. A public hearing was also held on August 31, 2010. Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE FY 2011 CAPITAL PROGRAM IS HEREBY ADOPTED. A PUBLIC HEARING WAS HELD AUGUST 31, 2010. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH Page 3 of 8 Minutes-September 21,2010 NAYS: NONE MOTION PASSED Resolution 10 - 245 3. Consider ratifying the budgeted property tax increase reflected in the FY 2011 Budget. Administration recommended Council take a separate vote to ratify the budgets property tax increase reflected in the FY 2011 Budget which will raise more total property taxes than last year's budget by $1,560,000 or 3.83% and of that amount $668,976 is tax revenue to be raised from new property added to the tax roll this year. Section 102 of the Local Government Code includes the following:"Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote number under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The FY 2011 Budget includes$1,560,000 more in property tax revenues than was included in the FY 2010 Budget. COuncilmember Samuel made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2011 BUDGET. 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 - 077 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2010(FY 2011). Administration recommended that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.64 for the tax year 2010(FY 2011).The tax rate would be apportioned$0.439385/$100 assessed valuation to the General Fund and $0.200615/$100 assessed valuation to the Debt Service Fund. Section 26.05(b)of the Property Tax Code,mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate,which is the tax rate that would produce the same amount of taxes if applied to the same properties taxed in both the preceding and current years. Administration recommends the motion to adopt the tax rate be made as follows,in order to recognize that no change is proposed to the tax rate while still including the statement mandated by law. The mandated language is shown in bold. Page 4 of 8 Minutes-September 21,2010 "I move that the property tax rate be increased by the adoption of a tax rate of 0.0640000, which is effectively a 2.68 percent increase in the tax rate." This tax rate reflects no change from the 2009 tax rate but is 2.68 percent above the 2010 effective tax rate." Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State Law requires all taxing units to adopt their tax rates before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll.State Law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code dictates language that is required to be included in the ordinance that "sets a tax rate that, if applied to the total taxable value,will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year."The statement that must be included in the City's ordinance setting the tax rate is as follows in bold: This tax rate will raise more taxes for maintenance and operations than last year's tax rate. In accordance with truth-in-taxation laws,two public hearings were held August 31,2010 and on September 7,2010. In addition,all required notices were published in the newspaper,on the City's website, and on the municipal channel. Applying the proposed tax rate of$.6400 and a 97% collection rate, budgeted revenues of $29,017,000 and $13,249,000 respectively to the General and Debt Service Funds are anticipated. Councilmember Samuel made a motion to ADOPT AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING,ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2010(FY 2011); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Ordinance 10 - 078 5. Consider authorizing the City Manager to execute a contract for the construction of 9 a maintenance building at the Wastewater Treatment Plant. Administration recommended approval of a contract with Bruce's General Construction, Inc., of Beaumont in the amount of$173,000.00. Page 5 of 8 Minutes-September 21,2010 During the last five years the Wastewater Treatment Plant has strived to be a self maintained operation. Today, the grounds maintenance, aerator rehabilitation, and grass cutting are being performed by staff members.The proposed building,will house all of the equipment to protect it from weather conditions and provide a covered space for the employees to perform their maintenance duties. The proposed maintenance building is a new 40'x80' pre- engineered metal building including a reinforced concrete foundation,electrical components, fencing, and site improvements. Bruce's General Construction, Inc., is certified with the City of Beaumont as a Minority Business Enterprise (MBE). The project was designed by Schaumburg and Polk, Inc.with an Engineer's estimate for the project of$224,645. Funds for the project are available in the Department of Water Utilities 2010 Operating Budget. Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRUCE'S GENERAL CONSTRUCTION, INC., IN THE AMOUNT OF $173,000.00 FOR THE WASTEWATER TREATMENT PLANT PROPOSED MAINTENANCE BUILDING PROJECT TO INCLUDE CONSTRUCTION OF A NEW 40' X 80' PRE-ENGINEERED METAL BUILDING, INCLUDING A REINFORCED CONCRETE FOUNDATION, ELECTRICAL COMPONENTS, FENCING AND SITE IMPROVEMENTS. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, BEAULIEU,WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 10 - 246 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 - WISHED HIS FATHER-IN-LAW, GILBERT FONTENOT, COUNCILMEMBER SAMUEL AND HIS WIFE MELANIE A HAPPY BIRTHDAY COUNCILMEMBER SAMUEL- COMMENDED STAFF ON THE HARD WORK THEY DO TO PREPARE THE BUDGET,ALSO THANKED COUNCIL FOR THE EFFORTS THAT ARE BEING MADE FOR THE DISPOSITION ON PROJECTS AND EXPENSES ALL OVER THE CITY, THERE IS $57 MILLION GOING TO WARD III IN THE UPCOMING YEAR, $28 MILLION GOING TO THE NORTH END AND$29 MILLION GOING TO THE SOUTH END OF BEAUMONT AND IN THE Page 6 of 8 Minutes-September 21,2010 PROPOSED PLANNED PROJECTS AN ADDITIONAL $20 MILLION WILL BE ALLOCATED THE WARD III MAYOR PRO TEM PATE- WISHED COUNCILMEMBER SAMUEL AND MELANIE A HAPPY BIRTHDAY, COMPLIMENTED STAFF ON HOW HARD THEY HAVE WORKED ON THE BUDGET, COMMENTED ON LAMAR UNIVERSITY AND THE GREAT FOOTBALL COUNCILMEMBER WRIGHT- WISHED COUNCILMEM13ER SAMUEL AND MELANIE A HAPPY BIRTHDAY,OFFERED CONDOLENCES TO THE WILLIAM HAIL FAMILY AS WELL AS TO THE FAMILY OF THE WEST ORANGE STARK FOOTBALL PLAYER REGGIE GARRETT COUNCILMEMBER BEAULIEU- WISHED COUNCILMEMBER SAMUELAND MELANIE A HAPPY BIRTHDAY COUNCILMEMBER COLEMAN- WISHED CrOUNCILMEM13ER SAMUEL AND MELANIE A HAPPY BIRTHDAY,AS WELL AS HIS SON CHRIS,CONGRATULATED HIS SON JOHN ON RECEIVING HIS AGGIE RING FROM TEXAS A&M, THANKED STAFF FOR THEIR HARD WORK ON THE BUDGET AND CAPITAL PROGRAM MAYOR AMES- THANKS TO EVERYONE,WISHED COUNCILMEMBER SAMUEL AND MELANIE A HAPPY BIRTHDAY CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Public Comments (Persons are limited to three minutes) Rev. J. D. Roberts 5475 Landry Lane Beaumont TX Invited everyone to the SOC Soul Bowl classic,also commented on a fund raiserto help build a play ground for one of the newly built elementary schools where there were no funds allocated for a playground Open session of meeting recessed at 2:29 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jacob Benfield v. City of Beaumont, Texas, et al City of Beaumont v. Greg Abbott, Attorney General of Texas, et al Kevin Roach v. City of Beaumont Lewallen v. City of Beaumont Page 7 of 8 Minutes-September 21,2010 There being no action taken in Executive Session, Council adjourned. Audio available upon request in the City Clerk's Office. Becky Ames, M r c3 Tina Broussard City Clerk w Page 8 of 8 Minutes-September 21,2010