HomeMy WebLinkAboutMIN OCT 19 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 11
Audwin Samuel, Ward 111 October 19,2010 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 October 19, 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 1-8/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Big Jim Selles of West End 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
Presentation-Employees received Service Awards for 30, 35 and 40 years of service,the
awards were presented by Mayor Becky Ames,City Manager, Kyle Hayes,and Lillie Babino,
Human Resource Director
Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda.
None
CONSENT AGENDA
Approval of minutes - October 12, 2010
Confirmation of committee appointments - Pulled
Marvin Brailsford would be appointed to the Civil Service Commission. The term would commence
October 19, 2010 and expire October 18, 2013. (City Manager Kyle Hayes)
Minutes-October 19,2010
A) Approve a three-year contract for Security Guard and Event Staff services-Resolution 10-
268
B) Approve an annual contract for asphaltic pavement milling - Pulled
C) Approve a two-year contract for automated teller machines - Resolution 10 - 269
D) Amend Resolution No. 10-241 authorizing the settlement of the claims of Douglas Kibodeaux
and Rebecca Chism in the lawsuit styled Eric Kvarme, et al vs.The City of Beaumont, et al-
Resolution 10 - 270
E) Authorize the settlement of the lawsuit styled City of Beaumontv.Attorney General v.Hearst
Corporation - Resolution 10 - 271
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 amending the Fiscal Year 2011 Budget to transfer funds to the Municipal Airport
Fund.
Administration recommended Council approve a transfer of $1 Million from the General
Improvement Fund to the Municipal Airport Fund.
Since February of 2010, the City has collected $35.2 Million in oil & gas royalties from
Cimarex Energy. The monies have been accumulating in the General Improvements Fund
and a certificate of deposit has been purchased with each month's payment.
The South Hangar at the airport was damaged by Hurricane Ike. After reviewing the condition
of the structure, it has been determined that it needs to be demolished. The existing structure
would be replaced by a metal hangar. The estimated price for the demolition and new hangar
is $280,000.
The amount remaining after the demolition and new hangarwill remain in the Municipal Airport
Fund for future maintenance and improvements.
Page 2 of 10 Minutes-October 19,2010
Councilmember Wright moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2011 TO TRANSFER
$1,000,000 FROM THE GENERAL IMPROVEMENT FUND TO THE 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,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 084
2. Consider authorizing the City of Beaumont to receive funding in the amount of$1,280,020
through the Department of Homeland Security Supplemental 2010 Port Security Grant
Program (PSGP) and authorize the City Manager to enter into a memorandum of
understanding with Jefferson County related to the administration of the grant.
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 the Port is designated as
critical to national infrastructure. Funding was requested for two projects totaling$1,280,020.
A maximum amount of $1,000,000 of the award will allow for renovations on the 3`d floor of
the EOC and 911 Operations Center. Plans include new restroom and shower facilities, as
well as sleeping quarters to enhance critical employee and first responder sheltering capacity.
The balance of the award or $280,020, will be used to add and replace radios where
necessary in Police, Fire and EMS.
2010 PSGP funding is 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.
No match is required by the City.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE GRANT FUNDING IN AN AMOUNT
UP TO$1,280,020 THROUGH THE DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTAL 2010
PORT SECURITY GRANT PROGRAM (PSGP). Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
Page 3 of 10 Minutes-October 19,2010
MOTION PASSED
Resolution 10 - 272
3. Consider authorizing the City of Beaumont to receive funding in the amount of$980,000
through the Department of Homeland Security Supplemental 2008 Port Security Grant
Program (PSGP) and authorize the City Manager to enter into a memorandum of
understanding with Jefferson County related to the administration of the grant.
Administration recommended approval.
Funding in the amount of$980,000 is requested for a quint fire truck. This will benefit the city's
ISO rating since there is currently only one other such vehicle in operation. It provides fire
response capabilities for high rise structures,as well as rescue ability and fire protection from
above and below grade with lifting/extrication capabilities.
2008 PSGP funding is 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 $980,000. Grant funding amounts to 75%, or
$735,000, of the total and the City has a required match of 25%, or $245,000, of the total.
Funds for the required match are included in the Capital Reserve Fund's FY 2011 Budget.
Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE GRANT FUNDING IN AN AMOUNT
UP TO $980,000 THROUGH THE DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTAL 2008
PORT SECURITY GRANT PROGRAM (PSGP) FOR THE PURCHASE OF A QUINT FIRE RESPONSE
APPARATUS;AND ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH JEFFERSON COUNTY
TO FACILITATE EXPENDITURE OF THE GRANT FUNDING THROUGH PSGP FIDUCIARY PROCESS.
Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 273
4. Consider authorizing the City Manager to enter into a contract with Jehovah Jireh Village
Community Development Center, Inc.forthe use of$260,000 of 2010 HOME Program funds.
Administration recommended approval.
Page 4 of 10 Minutes-October 19,2010
Jehovah Jireh Village Community Development Center, Inc.is requesting$260,000 to assist
in reducing the construction cost for thirteen(13)homes. These homes would be the latest
constructed in this thirty-six(36)home development phase. Each of the thirteen(13)homes
would be allocated up to$15,000 for foundation and site preparation and Jehovah Jireh, as
a Community Housing Development Organization(CHDO),would be eligible for up to$5,000
per home as a developer's fee. This subsidy will allow the homes to be more affordable for
the low-to-moderate income families targeted by this program.
Jehovah Jireh Village is a multi-phase,single-family residential development located along
Sarah Street, near Fannett Road. The City has been a partner in this development,focused
on home ownership for low-to-moderate income families, within a decent and safe
environment.
Funding is available in the 2010 HOME Program.
Councilmember Smith made a motion to APPROVE A RESOLUTION THATTHE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH JEHOVAH JIREH VILLAGE
COMMUNITY DEVELOPMENT CENTER,INC.IN THE AMOUNT OF$260,000 FOR THE CONSTRUCTION
ASSISTANCE AND DEVELOPMENT FEE FOR THIRTEEN(13)NEW HOMES LOCATED WITHIN JEHOVAH
JIREH VILLAGE,SAID CONTRACT TO BE FUNDED FROM THE 2010 HOME PROGRAM. 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
Resolution 10 - 274
5. Consider authorizing the City Manager to enter into a contract with Helbig Community
Development Corporation (CDC) for the use of$120,000 of HOME Program funds.
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 and rehabilitation of housing to be leased to eligible
low/moderate income families.
Upon execution of a contract, Helbig CDC will identify two-to-three(2-3)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 leased to eligible low-to-moderate
income families.Any and all income received by Helbig for leased properties must be used
toward the organization's affordable housing activities. Housing Division staff will be
responsible for monitoring Helbig for HOME Program compliance.
Page 5 of 10 Minutes-October 19,2010
Funding is available in the 2010 HOME Program.
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT WITH HELBIG COMMUNITY
DEVELOPMENT CORPORATION (CDC) IN THE AMOUNT OF$120,000 FOR THE ACQUISITION AND
REHABILITATION OF PROPERTIES FOR LEASE TO ELIGIBLE LOW-TO-MODERATE INCOME FAMILIES,
SAID CONTRACT TO BE FUNDED FROM THE 2010 HOME PROGRAM. 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 - 275
6. Consider authorizing the City Manager to enter into a contract with Helbig Community
Development Corporation (CDC) for the use of$100,000 of CDBG funds.
Administration recommended approval.
The City of Beaumont receives an annual allocation of Community Development Block Grant
(CDBG)funds from the U.S. Department of Housing and Urban Development(HUD)and has
previously awarded contracts for infrastructure in neighborhoods providing housing for low-to-
moderate income families.
Upon execution of a contract, Helbig CDC will, in conjunction with its engineer,construct the
street, water, sewer and drainage facilities for Phase One of Helbig Estates, located on
Maida Street. This first phase will consist of a new street to serve the first fourteen (14)lots
of the proposed thirty-two(32)lot subdivision. In accordance with our CDBG contract,these
homes will be sold to low-to-moderate income families. Any and all income received by
Helbig for sold properties must be used toward the organization's affordable housing
activities. Community Development Department staff will be monitoring Helbig for CDBG
Program compliance.
Funding is available from the 2010 CDBG Program.
Councilmember Samuel made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A CONTRACT WITH HELBIG COMMUNITY
DEVELOPMENT CORPORATION (CDC) FOR THE USE OF $100,000 OF CDBG FUNDS FOR THE
CONSTRUCTION OF INFRASTRUCTURE FOR PHASE ONE OF HELBIG ESTATES. Councilmember
Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
Page 6 of 10 Minutes-October 19,2010
MOTION PASSED
Resolution 10 - 276
7. Consider authorizing the purchase of fiber-optic cable to replace outdated traffic signal
equipment.
Administration recommended the purchase of fiber-optic cable from Graybar Electric, of
Houston, in the amount of$122,832.85.
The City of Beaumont was awarded a grant to replace outdated traffic signal equipment,
install traffic signal communications and implement an Advanced Traffic Management System.
The fiber-optic cable is an essential component of traffic signal efficiency and vital to traffic
management. This cable will replace existing copper wiring within the signal network,
providing increased efficiency and reliability at a lower cost than copper. In accordance with
the requirements of the grant, the project is to be completed by December 2011.
Bids were requested of three (3) authorized vendors of this material. Two (2) vendors
responded with bids, with Graybar Electric being the low bidder.
Funds are available through the Transportation Energy Efficiency Traffic Signal
Synchronization or Stimulus Replacement Grant.The total project is$2,566,853 with grant
award amounting to$2,061,968. The remainder of$504,885 is the City's match which has
already been satisfied through an in-kind match of existing equipment and a cash match on
prior purchases.
Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY
GRAYBAR ELECTRIC OF HOUSTON,TEXAS,IN THE AMOUNT OF$122,832.85 FOR THE PURCHASE
OF FIBER-OPTIC CABLE FOR USE IN REPLACING OUTDATED TRAFFIC SIGNAL EQUIPMENT,
INSTALLING TRAFFIC SIGNAL COMMUNICATIONS AND IMPLEMENTING AN ADVANCED TRAFFIC
MANAGEMENT SYSTEM BE ACCEPTED BY CITY OF BEAUMONT. Councilmember Coleman
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 277
8. Consider approving an ordinance adopting a new Code of Ordinances for the City of
Beaumont.
Administration recommended approval of the proposed ordinance.
Page 7 of 10 Minutes-Ocher 19,2010
The last full review and recodification of the City's Code of Ordinances was 32 years ago in
1978. In 2007,the City Council began the process of reviewing each chapter of the Code to
update it for the numerous organizational and operational changes that had taken place over
the years.
During this review,each chapter was updated,so that it is clear and consistent,functions as
intended, and complies with state and federal laws. The proposed Code of Ordinances
incorporates all of the revisions and updates that have been adopted during the review
process.
Staff has been working with Franklin Legal Publishing to modernize the Code to make it better
organized,easier to use,and more useful. Employees will have access to the Code on-line,
on server, and on CD,depending on the nature of their use. Searches and research will be
much faster and user friendly. The hard copy was reformatted to standard letter-size paper
to make it easier to use.
The recodification cost is estimated at$20,000,funding is available in the City Clerk's budget.
Councilmember Beaulieu made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF BEAUMONT, TEXAS;
ESTABLISHING THE SAME;PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN,EXCEPTAS HEREIN EXPRESSLY PROVIDED;PROVIDING FOR THE MANNER OF AMENDING
SUCH CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE AND PROVIDING A PENALTY.
Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 085
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 - ANNOUNCED THAT EARLY VOTING HAS STARTED,
ENCOURAGED EVERYONE TO TAKE ADVANTAGE OF EARLY
VOTING IF THEY DON'T WANT TO WAIT FOR ELECTION DAY
COUNCILMEMBER SAMUEL- THANKED THE HEART OF THE CITY NEIGHBORHOOD
ASSOCIATIONS FOR A SUCCESSFUL CLEAN-UP OVER THE
WEEKEND,THE CLEAN-UP STARTED ON COLLEGE STREET TO
WASHINGTON BLVD TO MLK TO AVE D, THANKED
COUNCILMEMBERS WRIGHT AND SMITH FOR COMING OUT
Page 8 of 10 Minutes-October 19,2010
MAYOR PRO TEM PATE- THANKED ELIJAH COLEPEPPER WHO HEADS UP THE HEART
OF THE CITY NEIGHBORHOOD ASSOCIATION,THE HEART OF
THE CITY WILL ALSO BE MEETING ON TONIGHT,
COMPLIMENTED THE GIFT OF LIFE PROGRAM WITH MARIE
OSMOND AND STEVE FORD AT THE BEAUMONT CIVIC
CENTER, IT WAS A GREAT EVENT AND A BLESSING TO
EVERYONE, COMMENTED ON DR. RAY PERRYMAN WHO
SPOKE AT LAMAR UNIVERSITY, AND ON THE PASSING OF
ROBERT PRESTON
COUNCILMEMBER WRIGHT- ENCOURAGED EVERYONE TO BUY A GIFT OF LIFE PINK
CARD,ENCOURAGED EVERYONE TO VOTE,COMMENTED ON
THE BENS KIDS FALL FESTIVAL AND THE MEETING BEING
HELD BY THE HEART OF THE CITY NEIGHBORHOOD
ASSOCIATION,ALSO COMMENTED ON THE FREE LECTURES
THAT ARE OFFERED BY LAMAR UNIVERSITY,ENCOURAGED
CITIZENS TO ATTEND SOME OF THE LECTURES
COUNCILMEMBER BEAULIEU - ENCOURAGED EVERYONE TO GO OUT AND VOTE EARLY,
EARLY VOTING WILL BE FOR TWO WEEKS PRIOR TO
ELECTION DAY,COMPLIMENTED JIM THOMPSON AND STAFF
FOR THE HARD WORK ON THE CITY ORDINANCES,THANKED
DR. HANI TOHME AND HIS STAFF FOR THEIR HARD WORK
ON GETTING WATER RESTORED AT THE RETREAT CENTER
COUNCILMEMBER COLEMAN- CONGRATULATED THE HONOREE'S FOR THEIR MANY YEARS
OF SERVICE,WELCOMED A YOUNG SCOUT AND STUDENT AT
ALL SAINTS, JIM OLD AND HIS GRANDPARENTS WHO
ATTENDED THE MEETING,COMPLIMENTED THE GIFT OF LIFE
PROGRAM FOR ALL THEY DO
MAYOR AMES- STATED THAT THE GIFT OF LIFE PINK CARD IS$50.00 AND
IF ANYONE IS INTERESTED IN PURCHASING ONE SHE HAS
CARDS, CONGRATULATED THE GIFT OF LIFE ON THE
BEAUTIFUL EVENT AT THE CIVIC CENTER WITH MARIE
OSMOND AND STEVE FORD, COMMENTED ON A
CONFERENCE THAT WAS SPONSORED BY THE BEAUMONT
HOUSING AUTHORITY WITH OVER TWO HUNDRED AND FIFTY
PEOPLE IN ATTENDANCE, THANKED THEM FOR BRINGING
THIS EVENT TO BEAUMONT,ALSO HARBOR HOSPITAL AND
THEIR RIBBON CUTTING THAT WAS HELD ON MONDAY,THE
AMERICAN HEART ASSOCIATION WILL BE HAVING THEIR
WALK ON SATURDAY, OCTOBER 23, 2010, AT 8:00 A.M.,
CONGRATULATED ALL LONG TERM EMPLOYEES
Page 9 of 10 Minutes-October 19,2010
CITY ATTORNEY COOPER- NONE
CITY MANAGER HAYES - NONE
Public Comments (Persons are limited to three minutes)
None
Open session of meeting recessed at 2:07 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Texas Department of Transportation (Airport Project Participation Agreement,
Contract No. 9XXAV069)
Claims against Westchester Surplus Lines Insurance Company and Lexington
Insurance Company for damages sustained as a result of Hurricane Ike
There being no action taken in Executive Session, Council adjourned.
All
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Becky Amy, Mayor ,,rA '""� \,,tl
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Tina Broussard, City Clerk ��It
Page 10 of 10 Minutes-October 19,2010