HomeMy WebLinkAboutMIN NOV 09 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 III November 9, 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 November 9,2010,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 items1-5/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Lloyd Austin with Universal Church of the Living God gave the invocation. Councilmember
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 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
"National Animal Shelter Week" - November 7-13, 2010 - Proclamation read by
Councilmember Samuel;accepted by Matthew Fortenberry,Animal Service Supervisor of the
City of Beaumont
"Chef Tiffany Derry Day" - November 9, 2010 - Proclamation read by Mayor Ames;
accepted by Tiffany Derry
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 1-5/Consent Agenda.
Galen Key 1305 Candlestick Circle Beaumont TX
Spoke in regards to items B, C&D on the Consent Agenda, asked that Council vote against
each of these items
Minutes-November 9,2010
CONSENT AGENDA
Approval of minutes - November 2, 2010
Confirmation of committee appointments - None
A) Authorize the City Manager to apply for and receive handheld scanner(s) through the
American Humane Association for use in the Animal Services Division-Resolution 10-290
E) Authorize the City Attorney, or his designee, to file a lawsuit necessary to pursue the
outstanding damage claims to City property resulting from Hurricane Ike- Resolution 10-
294
Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember
Beaulieu seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Council removed items B, C, & D, from the Consent Agenda to discuss and vote upon separately.
B. Approve a resolution denying the request of Firefighter Tracy O'Quinn to approve the
accumulation of vacation leave from 2010 to be used in 2011.
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION DENYING THE REQUEST
OF FIREFIGHTER TRACY O'QUINN TO APPROVE THE ACCUMULATION OF VACATION LEAVE FROM
2010 TO BE USED IN 2011. Councilmember Coleman seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU AND SAMUEL
NAYS: COUNCILMEMBERS WRIGHT AND SMITH
MOTION PASSED
Resolution 10 - 291
C. Approve a resolution denying the request of Capt. Harold Smithers to approve the
accumulation of vacation leave from 2010 to 2011.
Councilmember Coleman made a motion to APPROVE A RESOLUTION DENYING THE REQUEST
OF CAPTAIN HAROLD SMITHERS TO APPROVE THE ACCUMULATION OF VACATION LEAVE FROM
2010 TO BE USED IN 2011. Councilmember Beaulieu seconded the motion.
Page 2 of 9 Minutes-November 9,2010
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU AND SAMUEL
NAYS: COUNCILMEMBERS WRIGHT AND SMITH
MOTION PASSED
RESOLUTION 10 -292
D. Authorize the City Attorney to pursue an appeal in Cause No. X-1045, Ex Parte James
Edward Mathews, Jr..
Councilmember Beaulieu made a motion to APPROVE A RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO PURSUE AN APPEAL IN CAUSE NO.X-1045,EX PARTE JAMES EDWARD MATHEWS,
JR. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS, BEAULIEU,
SAMUEL AND SMITH
NAYS: COUNCILMEMBER COLEMAN
ABSTAIN: COUNCILMEMBER WRIGHT
MOTION PASSED
RESOLUTION 10 -293
GENERAL BUSINESS
1. Consider amending Section 21-75 of the Code of Ordinances related to the number of Grade
II Sergeant and Grade III Lieutenant positions in the Police Department.
Administration recommended amending Section 21-75 of the Code of Ordinances to
increase the number of Grade 11 Sergeant positions from forty-one(41)to forty-two(42)and
decrease the number of Grade III Lieutenant positions from fourteen (14) to thirteen (13).
Lt.John Bowles recently retired from the Beaumont Police Department effective October 31,
2010. His retirement creates a vacancy in the Lieutenant positions of the Police Department.
The Administration recommends that the vacant Lieutenant position be deleted and a Grade
II Sergeant position be created. The Civil Service Act gives to the City Council the right to
prescribe by ordinance the number of positions in each classification of the Department.
Councilmember Coleman moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
SECTION 21-75 OF THE CODE OF ORDINANCES TO AMEND THE NUMBER OF GRADE 11 AND GRADE
III POSITIONS IN THE BEAUMONT POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL. Mayor Pro Tern Pate seconded the motion.
Page 3 of 9 Minutes-November 9,2010
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU,WRIGHT, SAMUEL AND SMITH
NAYS: NONE
MOTION PASSED
Ordinance 10 - 094
2. Consider a request for a street name change from 011ie Street to Barbara Lynn Street for that
portion from Usan Street to SP Road.
Administration recommended approval of the request to rename 011ie Street from Usan Street
to SP Road to 011ie Street/Barbara Lynn Street.
Councilmember Jamie Smith has requested the street name change.
This name change would honor the rhythm and blues singer, Barbara Lynn. The Beaumont
native was born Barbara Lynn Ozen on January 16,1942.
By the late 50's, Barbara was playing around the Beaumont area at small clubs like Lou Ann's
and the Ten Acre Club,fronting her group Bobbie Lynn and the Idols. An all-girl band,they
wore pants and specialized in Presley songs like "Jailhouse Rock", earning Barbara the
nickname, "the Black Elvis". News of Barbara's dynamite performances spread, soon
grabbing the attention of local record man, Huey P. Meaux.
In 1999, Barbara Lynn was given a Pioneer Award by the Rhythm and Blues Foundation.
At a Joint Public Hearing held October 18,2010,the Planning Commission voted 4:2 to deny
a street name change from 011ie Street to Barbara Lynn Street for that portion from Usan
Street to SP Road and recommended renaming Liberia Park to Barbara Lynn Park.
Councilmember Smith made a motion to ADOPT AN ORDINANCE RENAMING OLLIE STREET TO
"BARBARA LYNN STREET/OLLIE STREET"; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR
REPEAL. 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 - 095
Councilmember Samuel left the meeting at 2:17 p.m.
Page 4 of 9 Minutes-November 9,2010
3. Consider authorizing the City Manager to receive funding through the Department of
Homeland Security Grant Program.
Administration recommended approval.
The Homeland Security Grant Program consists of a number of grant programs,one of which
is the State Homeland Security Program (SHSP)which Beaumont receives money from on
a yearly basis.The Fire Department anticipates using$44,000 to purchase additional thermal
imaging units which will complete the goal of one per truck;$20,000 for intercom systems for
five fire trucks;$46,000 for extractor washers to provide required maintenance and extend the
life of bunker gear;and$145,200 to enhance radio communications for fire responders.The
Police Department anticipates using $38,000 to provide additional mobile surveillance
equipment, $12,000 for a phone analysis system used for investigative purposes, and
$35,000 to improve first responder radio.
An additional $340,200 for fire response, law enforcement, and communications
enhancements with no matching funds from the city.
Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO APPLY FOR AN RECEIVE FUNDING FOR THE CITY OF BEAUMONT
THROUGH THE HOMELAND SECURITY GRANT PROGRAM (HGSP) IN THE AMOUNT OF $340,200
UNDER THE STATE HOMELAND SECURITY PROGRAM (SHSP) FOR USE BY THE FIRE AND POLICE
DEPARTMENTS FOR HTE PURCHASE OF THERMAL UNITS, INTERCOM SYSTEMS, EXTRACTOR
WASHERS, EQUIPMENT TO ENHANCE COMMUNICATIONS, MOBILE SURVEILLANCE EQUIPMENT,A
PHONE ANALYSIS SYSTEM AND EQUIPMENT TO IMPROVE FIRST RESPONDER RADIO
COMMUNICATIONS. Councilmember Smith seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 295
4. Consider approving the purchase of fleet vehicles.
Administration recommended approval of the purchase of vehicles from Philpott Motors of
Nederland in the amount of$240,846.
Pricing for this purchase is obtained through the Houston-Galveston Area Council(H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes.
Page 5 of 9 Minutes-November 9,2010
Replacement vehicles and additions to the fleet are requested through the City's budget
process. The Fleet Superintendent reviews the requests and evaluates the vehicles to be
replaced. Based on this evaluation,a recommendation is made to replace worn and obsolete
vehicles that are no longer cost effective to operate. All eleven(11)vehicles to be purchased
are replacing models ranging from 1992 to 2004.
Funds are budgeted in the Capital Reserve Fund, Water Fund and Solid Waste Fund.
Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY COUNCIL
HEREBY APPROVES THE PURCHASE OF ELEVEN(11) FLEET VEHICLES FROM PHILPOTT MOTORS
IN NEDERLAND, TEXAS, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) AND
BUYBOARD COOPERATIVE PURCHASING PROGRAMS IN THE AMOUNT OF$240,846. Mayor Pro
Tern Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN,
BEAULIEU, WRIGHT AND SMITH
NAYS: NONE
MOTION PASSED
Resolution 10 - 296
Councilmember Samuel returned to the meeting at 2:20 p.m.
5. Consider establishing an Integral Part Trust for the exclusive purpose of funding post
retirement health insurance benefits and approving the City Manager to enter into an
Administrative Services Agreement with The International City Management Association
Retirement Corporation.
Administration recommended approval.
The Governmental Accounting Standards Board(GASB)is currently the source of generally
accepted accounting principals(GAAP)used by State and Local governments in the United
States. The mission of the GASB is to establish and improve standards of state and local
governmental accounting and financial reporting that will result in useful information for users
of financial reports and guide and educate the public, including issuers, auditors, and users
of the financial reports. The GASB has issued Statements, Interpretations, Technical
Bulletins and Concept Statements in defining GAAP for state and local governments since
1984.
In addition to pensions, many state and local governmental employers provide other post-
employment benefits (OPEB), such as post-employment healthcare for retirees. GASB
believes that the cost of benefits that will be provided after an employee separates from
service should be reported by the employer as they accrue over the working career of the
individual in the same manner as pension benefits. GASB's Statement No.45 establishes
standards for the measurement, recognition,and display of OPEB expenditures and related
liabilities(assets), note disclosures,and if applicable, required supplementary information in
the financial reports of state and local government employers. Traditionally most OPEB plans,
Page 6 of 9 Minutes-November 9,2010
the City's included, are funded on a pay-as-you-go basis and the financial statements
generally do not report the financial effects of OPEB until the benefit is paid.
GASB No. 45 requires the City to have an actuarial valuation performed biennially to
determine the annual required contribution needed to be set aside in order reduce the OPEB
plan's unfunded liability, or the amount of the future benefit that monies have not yet been
allocated to cover. The only way for employers to offset the liability that is accruing is to set
aside funds in a trust dedicated solely to funding OPEB,although employers are not required
to do so. However to maintain stable credit ratings, it is recommended that a trust be
established and at least partially funded. The monies are exclusively set aside for the purpose
of funding retiree insurance costs and,although the goal is for the monies to be invested and
have a long-term rate of return,the funds can be used for current year costs related to retiree
health benefits if the need arose.
The City's last actuarial study was performed for the fiscal year beginning October 1,2007 as
required by GASB. The City's annual required contribution as of September 30, 2009 was
$1,357,922 but the net OPEB obligation was $439,418, which is net of the costs incurred
during the year. Currently Holmes & Murphy is performing an actuarial valuation as of
September 30, 2010.
Underthe Administrative Services Agreement, ICMA-RC will act as a record keeper with the
respect to the investment account that will be used to fund the retiree health benefits. ICMA-
RC will facilitate the investment administration of the assets, including maintaining records of
the City's contributions, earnings, and disbursements and providing periodic reports to the
City of the same. The agreement is for five years and will renew annually each succeeding
year unless there is written termination notice provided by either party.
Any amount of contribution made to the Integral Part Trust will be made from the Employee
Benefits Fund. A contribution made in FY 2011, will come before Council for approval at a
future date.
Mayor Pro Tern Pate made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE
AND HE IS HEREBY AUTHORIZED TO ENTER INTO AN ADMINISTRATIVE SERVICES AGREEMENT WITH
THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (ICMA-RC).
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 - 297
Page 7 of 9 Minutes-November 9,2010
COUNCILMEMBER COMMENTS
COUNCILMEMBER SMITH - CONGRATULATED COUNCILMEMBER BEAULIEU ON HER
WINNING THE SEAT FOR JUSTICE OF THE PEACE,THANKED
DEL PAPA DISTRIBUTING CO. FOR THE INVITATION TO
THEIR 100TH ANNIVERSARY, CONGRATULATED CHEF
TIFFANY DERRY AND HOPES THAT SHE COMES BACK TO
BEAUMONT TO OPEN A RESTAURANT, RECOGNIZED
KENNETH FONTENOT,WELCOMED HIM BACK TO BEAUMONT,
HE WILL BE WORKING LOCALLY WITH THE CARPENTERS
UNION AND LOOKS FORWARD TO WORKING WITH HIM AND
THE UNION
COUNCILMEMBER SAMUEL- CONGRATULATED COUNCILMEMBER BEAULIEU ON HER WIN
FOR JUSTICE OF THE PEACE, PROUD OF CHEF TIFFANY
DERRY AND HER ACCOMPLISHMENTS
MAYOR PRO TEM PATE- CONGRATULATED COUNCILMEMBER BEAULIEU ON HER WIN
FOR JUSTICE OF THE PEACE, AS WELL AS CHEF TIFFANY
DERRY ON HER ACCOMPLISHMENTS,REMINDED EVERYONE
THAT THURSDAY, NOVEMBER 11,2010,IS VETERANS DAY
COUNCILMEMBER WRIGHT- CONGRATULATED COUNCILMEMBER BEAULIEU ON HER WIN
FOR JUSTICE OF THE PEACE, AS WELL AS CHEF TIFFANY
DERRY AND HER FAMILY,WANTED TO CONGRATULATE HER
HUSBAND LT. COLONIAL CLINTON WRIGHT FOR SERVING
HIS COUNTRY,STATED THAT HE HAS ALZHEIMER'S,THERE
WILL BE A ALZHEIMER'S WALK ON SATURDAY, NOVEMBER
13, 2010, WISHED JOHNNY BEATTY'S MOTHER, MATTIE
BERRY,A HAPPY BIRTHDAY
COUNCILMEMBER BEAULIEU - THANKED THE CITIZENS OF BEAUMONT WHO HAVE GIVEN
THEIR SUPPORT AND THE OPPORTUNITY TO SERVE,
ASSURED THOSE CITIZENS THAT DIDN'T VOTE FOR HER THAT
THEY CAN TRUST HER TO BE FAIR AND APPRECIATE THEIR
INTEREST WHEN THEY COME INTO THE JP COURT, VERY
PROUD OF CHEF TIFFANY DERRY AND HOPES THAT SHE
WILL COME BACK TO BEAUMONT TO OPEN HER
RESTAURANT,THANKED ALL OF THE VETERANS FOR THEIR
SERVICE AND SACRIFICE
COUNCILMEMBER COLEMAN- CONGRATULATED COUNCILMEMBER BEAULIEU, REMINDED
EVERYONE TO ADOPT A DOG, CONGRATULATED CHEF
TIFFANY DERRY FOR HER REPRESENTATION OF OUR FINE
CITY
Page 8 of 9 Minutes-November 9,2010
CITY MANAGER HAYES- CONGRATULATED COUNCILMEMBER BEAULIEU, SHE WILL
BE GREATLY MISSED
CITY ATTORNEY COOPER- CONGRATULATED COUNCILMEMBER BEAULIEU
MAYORAMES- CONGRATULATED COUNCILMEMBER BEAULIEU, PROUD OF
CHEF TIFFANY DERRY AND WISHED HER THE BEST OF LUCK,
CONGRATULATED DEL PAPA DISTRIBUTING CO. ON THEIR
100TH CELEBRATION, COMMENTED ON THE VACANCY OF
COUNCILMEMBER BEAULIEU'S SEAT THAT WILL BECOME
VACANT IN JANUARY,ASKED THAT THIS ITEM BE PLACED ON
THE AGENDA OF THE NEXT COUNCIL MEETING,ALSO ASKED
THAT AFTER THE MAY,2011 ELECTION THAT THE SECTION
THAT DISCUSS A VACANCY OF A COUNCILMEMBER BE
LOOKED AT AS WELL AS OTHER SECTIONS OF THE CHARTER
FOR CHARTER AMENDMENT CHANGES
Public Comments (Persons are limited to three minutes)
W.R. Sam 1761 Rena Beaumont TX
Congratulated Councilmember Beaulieu on her win for Justice of the Peace, also
congratulated Chef Tiffany Derry on her success and her representation of the City of
Beaumont,welcomed Kenneth Fontenot back home, shared his concerns in regards to the
denial of the Firefighters'vacation time being carried over, asked that Council go back and
look at the Labor Agreement and make sure that they have made the right decision,believes
that the decision was unfair
Open session of meeting recessed at 2:37 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Erik Kvarme, et al v. The City of Beaumont, Texas, et al
There being no action taken in Executive Session, Council adjourned.
A io available upon request in the City Clerk's Office.
Becky At/Mayor
AW-CA , I A
t
Ti a Broussard, City Clerk
Page 9 of 9 Minutes-November 9,2010