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HomeMy WebLinkAboutMIN JAN 18 2011 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 Ward II Audwin Samuel,Ward III January 18,2011 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 January 18, 2011, 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 1-7/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Airon Reynolds,Sr.,of Borden Chapel Baptist Church gave the invocation. Mayor Pro Tern Pate 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, Wright, Samuel and Smith. Also present were Kyle Hayes,City Manager;Tyrone Cooper,City Attorney;Tina Broussard, City Clerk. Proclamations, Presentations, Recognitions Recognition -Sgt. Derick G. Woods, Sr., who is an employee with the City of Beaumont. Sgt. Woods shared his moment with his wife, family, pastor, church family and friends. 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 1-7/Consent Agenda. None CONSENT AGENDA Approval of minutes - January 11, 2011 Confirmation of committee appointments - Resolution 11 - 022 Minutes-January 18,2011 Gene Bush would be appointed to the Police Department Community Advisory Committee. The term would commence January 18, 2011 and expire January 17, 2013. (Councilmember Alan B. Coleman) A) Authorize the purchase of fiber-optic materials for the City's Traffic Management System- Resolution 11 - 023 B) Authorize the acquisition of properties for the Concord Road Project- Resolution 11 - 024 C) Authorize the acquisition of property (5575 Concord) for the Concord Road Project - Resolution 11 - 025 D) Authorize the City Manager to approve a change order related to the Fannin Street Drainage Improvement Project - Resolution 11 - 026 E) Authorize the acceptance of a ten foot wide Exclusive Sanitary Sewer Easement - Resolution 11 - 027 F) Authorize the execution of a License to Encroach Agreement with Colburn McClelland - Resolution 11 - 028 G) Authorize the settlement of the lawsuit styled Robert F. Ramsey, Sr. v. City of Beaumont- Resolution 11 - 029 Mayor Pro Tern Pate made a motion to approve the Consent Agenda. Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving five early voting polling locations as well as designated early voting days and times. Administration recommended five early voting polling locations be available for early voting from May 2, 2011 through May 10, 2011. A worksession was held with the City Council on Tuesday, January 11, 2011, regarding the possibility of having five polling locations for early voting. The early voting location previously used was the City Clerk's Office,which will change to the 1 st Floor Conference Room. Early Voting will begin May 2, 2011, ending May 10, 2011. The days, times and locations for Council consideration are as follows: Page 2 of 12 Minutes-January 18,2011 Monday May 2, 2011 8:00 a.m. to 5:00 p.m. Tuesday May 3, 2011 8:00 a.m. to 5:00 p.m. Wednesday May 4, 2011 8:00 a.m. to 5:00 p.m. Thursday May 5, 2011 8:00 a.m. to 5:00 p.m. Friday May 6, 2011 8:00 a.m. to 5:00 p.m. Saturday May 7, 2011 7:00 a.m. to 7:00 p.m. Sunday May 8, 2011 12:00 p.m. to 5:00 p.m. Monday May 9, 2011 7:00 a.m. to 5:00 p.m. Tuesday May 10, 2011 7:00 a.m. to 5:00 p.m. Main Early Voting Location: City Hall 1St Floor Conference Room Beaumont, TX 77701 Additional Branch Early Voting Locations will be as follows: Ward I Calvary Baptist Church 3650 Dowlen Rd. Beaumont, TX 77706 Ward II R. C. Miller Library 1605 Dowlen Rd. Beaumont, TX 77707 Ward III North End Community Center 3580 E. Lucas Beaumont, TX 77703 Ward IV Theodore Johns Library 4255 Fannett Rd. Beaumont, TX 77705 The four additional polling locations will cost an estimated$8,256. Funds are available in the City Clerk's Operating Budget. Councilmember Wright made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DESIGNATING POLLING LOCATIONS FOR EARLY VOTING AND PROVIDING ADDITIONAL DAYS OF EARLY VOTING ON SATURDAY AND SUNDAY DURING THE PERIOD OF MAY 2,2011,THROUGH MAY 10, 2011 FOR THE CITY'S GENERAL ELECTION TO BE HELD ON MAY 14, 2011. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Page 3 of 12 Minutes-January 18,2011 Ordinance 11 - 002 2. Consider amending the FY 2011 Budget by approving a payment of$250,000 to the City of Beaumont Integral Part Trust managed by The International City Management Association Retirement Corporation (ICMA-RC) and established to provide retiree health benefits on behalf of employees and retirees. Administration recommended approval. On November 9, 2010, by Resolution No. 10-297, the City Council approved the establishmentofan Integral Part Trust through ICMA-RC for the exclusive purposeof funding other post employment benefits(OPEB)or in the case of the City, retirement health insurance benefits. Traditionally most OPEB plans,the City's included,are funded on a pay-as-you-go basis when the health insurance premiums and claims are paid and the financial statements generally do not report the financial effects of the retirement health insurance until the benefits are paid. The Governmental Accounting Standards Board (GASB)now requires the City to report on it's annual financial statements the amount that it will cost to provide retiree health insurance in the future. Although not a requirement of GASB, it is recommended that the trust be at least partially funded each year in order to maintain stable credit ratings. Although the goal is for the monies to be invested and have a long-term rate of return the funds could be used for current year costs related to retiree health benefits, if the need arose. In FY 2010, the City incurred $1,973,290 in retiree health insurance benefits, of which the retirees contributed $862,500 through their premiums. The net cost to the City in FY 2010 was $1,110,790. In computing the City's annual required contribution for OPEB,as required by GASB,the cost of retiree health insurance being earned by covered members as well as the amount that is expected to be incurred in the future based on actuarial assumptions, amortized over 30 years, is computed. The City's net OPEB obligation for the fiscal year ended September 30, 2010 is $1,050,000. The fund balance in the Employee Benefits Fund is currently$2,924,220 or 16%of anticipated expenditures. After appropriating$250,000 of this balance,the remainder of$2,674,220 will remain healthy at 15% of anticipated expenditures for FY 2011. Mayor Pro Tern Pate made a motion to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FY2011 BUDGET BY APPROVING A PAYMENT OF$250,000 OUT OF THE EMPLOYEE BENEFITS FUND TO THE CITY OF BEAUMONT INTEGRAL PART TRUST; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR REPEAL. Councilmember Coleman seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Page 4 of 12 Minutes-January 18,2011 Ordinance 11 - 003 3. Consider approving the purchase of pipe bursting equipment for use by the Water Utilities Department. Administration recommended approval of the purchase from EKA, Inc., of Stone Mountain, Georgia, in the amount of$224,344. Pricing for the equipment was obtained through the BuyBoard Cooperative Purchasing Program. Buyboard is a cooperative purchasing association which provides cities and political subdivisions with the means to purchase specialized equipment at volume prices. BuyBoard complies with the State of Texas procurement statutes. The trailer-mounted pipe bursting unit will be used to rehabilitate water lines ranging in size from six(6)to sixteen(16)inches. The equipment will provide trench less technology to install pipe in the ground with minimal disturbance to the surface and public. Delivery is estimated at sixty (60) to ninety (90) days. Funds are available in the Water Utilities Fund. Councilmember Wright made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ONE(1)TRAILER-MOUNTED PIPE BURSTING UNIT FROM EKA, INC., OF STONE MOUNTAIN, GEORGIA, IN THE AMOUNT OF $224,344THROUGH THE BUYBOARD,A COOPERATIVE PURCHASING PROGRAM,FOR USE BYTHE WATER UTILITIES DEPARTMENT. Mayor Pro Tern Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 030 4. Consider authorizing the City Manager to receive additional funding in the amount of $171,000 through the Department of Homeland Security Supplemental 2007 Port Security Grant Program and modify a memorandum of understanding with Jefferson County to facilitate expenditure of the additional grant funding through the Port Security Grant Program(PSGP) fiduciary process. 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 it has been designated as critical to national infrastructure. An initial allocation of$1,507,184.25 was received and Page 5 of 12 Minutes-January 18,2011 approved by Council on April 13,2010. Additional funding in the amount of$171,000, recently became available and we are requesting to utilize this funding to install Shortel phone systems in the Municipal Court and City Hall buildings to replace obsolete systems currently in place. 2007 Supplemental funding was provided to this region as a lump sum to be distributed to the eligible agencies through one entity who oversees the fiduciary process. 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 and was also approved by Council on April 13, 2010. The funding amounts in the agreement would need to be adjusted to account for this additional funding. Total project costs are anticipated to be $228,000. Grant funding amounts to 75% or $171,000, of the total and the City has a required match of 25% or $57,000, 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 CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO RECEIVE ADDITIONAL FUNDING IN THE AMOUNT UP TO $171,000 THROUGH THE DEPARTMENT OF HOMELAND SECURITY SUPPLEMENTAL 2007 PORT SECURITY GRANT PROGRAM (PSGP). Councilmember Smith seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 031 5. Consider authorizing the City Manager to apply for and receive funding in an amount up to $140,545.64 through the U.S. Department of Homeland Security, 2011 Emergency Management Performance Grant (EMPG) program. Administration recommended approval. The Department of Homeland Security EMPG funding is provided to assist states and local governments in enhancing and sustaining all-hazards emergency management capabilities. It directly supports developing and carrying out emergency management programs. This include mitigating costs of compliance with National Incident Management System, Incident Command System, planning,and training mandates,as well as reducing the personnel costs to manage the program. The federal funding guidelines are envisioned to cover up to half the anticipated operating expenses which are currently funded through the city's budget. The City was awarded $44,000 from this funding source in fiscal year 2010. City would receive grant funding in a total amount not to exceed $140,545.64 which would partially offset the Emergency Management program's FY 2011 budget of$281,091.28. Page 6 of 12 Minutes-January 18,2011 Councilmember Coleman made a motion to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING FOR THE CITY OF BEAUMONT THROUGH THE U.S. DEPARTMENT OF HOMELAND SECURITY , 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) IN THE AMOUNT OF $140,545.64 TO ASSIST IN DEVELOPING AND CARRYING OUT VARIOUS EMERGENCY MANAGEMENT PROGRAMS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 032 6. Consider approving a contract to construct a new storage building at the Police Department Pistol Range. Administration recommended the award of a contract to G&G Enterprises of Orange,Texas in the amount of$57,500. The Police Department Pistol Range is located on Lafin Road within the Water Reclamation grounds. Bids were solicited for the construction of anew metal storage building to replace two(2)wooden barn structures that,due to their location,are subject to frequent flooding and block access to Water Reclamation Pond valve station. The barns will be demolished under a separate contract. Specifications for the new storage building requested a Base Bid for all labor, materials,and equipment necessary to construct and enclosed 30' x 40' metal structure with one (1) overhead coil door and adjacent 12'x 40' open-sided covered storage area. Bidders were asked to provide alternate pricing for an additional overhead coil door, but due to budgetary constraints, Alternate No. 1 is not recommended for award. There is no MBE participation on this project. The City of Beaumont and the Federal Bureau of Investigation (FBI) entered into a Memorandum of Understanding on September 28, 2006 that allows the FBI to use the Beaumont Police Department's Pistol Range for training FBI personnel on an as-needed basis for a minimum often (10)days per year for thirty(30)years. In lieu of paying a fee per use, the FBI made a one-time payment of$140,000 to the City to be used for Pistol Range repairs and maintenance. Prior purchases and expenditures have left an available balance of approximately $64,900. This balance will be used to fund the construction of the new storage building as well as associated expenses to provide the building with electrical service and a fire alarm. Page 7 of 12 Minutes-January 18,2011 Councilmember Smith made a motion to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY G&G ENTERPRISES,OF ORANGE,TEXAS,IN THE AMOUNT OF$57,500 FOR CONSTRUCTING A STORAGE BUILDING AT THE POLICE DEPARTMENT PISTOL RANGE BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS COLEMAN, WRIGHT, SAMUEL AND SMITH NAYS: NONE MOTION PASSED Resolution 11 - 033 WORKSESSION Discuss the filling of the vacancy in the Ward II city council position Mayor and Council discussed the filling of the Ward II vacancy. The Mayor stated the discussion needed to be about the process that will be taken to fill the position,this is a seat that will be appointed by a majority of four Councilmembers. The Mayor also stated there has been a lot of discussion about transparency and that is why this issue is being discussed in an open session. Mayor Pro Tern Pate stated that most of Council may or may not know some of the candidates at this time, suggested that if Council could develop three or four questions that could be asked of the candidates,the candidates could be sequestered while the other candidates be questioned to ensure that this is done fair and across the board. The Mayor stated that she agreed with everything that Mayor Pro Tern Pate stated but, also reiterated that this is an appointment for an unexpired term of about three to four months. When this appointment was done in 1999 the appointment was done for almost a full term. Councilmember Samuel stated since he has gone through the precess he didn't understand how there would be a fair process without going through a process. He also stated that he didn't know most of the candidates and agreed with Mayor Pro Tern Pate and Councilmember Wright that there must be transparency at this time and there must be a fair and just decision when going through a process. Councilmember Smith agreed with all other Councilmembers and felt that there needs to be a process in order to be fair to the citizens of Ward 11 and the candidates. A resume' isn't the same as an interview, anything can be put on a resume'. Council felt there should be a process and there should be some transparency of the process in open session. Councilmember Samuel asked what would prohibit Council from going into Executive Session, coming up with three questions to be asked of each candidate. City Attorney Tyrone Cooper stated that the questions could be discussed in Executive Session and Council could then reconvene out of Executive Session and question the candidates in open session Council recessed into Executive Session at 2:27 p.m. Page 8 of 12 Minutes-January 18,2011 EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Christy Morgan Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Ward II City Councilmember Candidates: Lauren Williams Mason Nathan H. Cross Douglas C. Conner Charlie Gibbs Richard S. Mathews Jimmy E. Booker Rhonda E. Ruben Christine L. Stetson Tawana Walter-Cadien Ryan W. Gertz Council reconvened at 3:04 p.m. Mayor Ames stated that there was a request from a citizen to move the public comment section of the agenda in front of the interview process. That request was granted and the public comment section was moved. Public Comments (Persons are limited to three minutes) Clayton R. Byrom 1466 W. Lucas Dr. Beaumont TX Ask that Council look into adding a 3 ft. walkway from Phelan to Eastex Freeway, this is getting really bad, asked that something be done Brian Muldrow P.O. Box 415 Beaumont TX Spoke in regards to property that he owns at 2002 Park St.,stated that he has been stopped by the Code Enforcement Department,and the hurricane,his property is still on the demolition list, has asked the City for some time so that he may finish restoring the property, his wife has filed a suit against the City,all he wants to do is finish the work on his property,also stated that he has not broken any laws and would appreciate if the City Attorney would follow up on this issue Page 9 of 12 Minutes-January 18,2011 The candidates were asked three questions each, they pulled a number between 1 and 10, the City Clerk pulled numbers for two candidates that were not present but in route to City Hall for the interview process. The first candidate stayed in Council Chambers for the interview while the other candidates were sequestered to the Executive Office until they were called down for their interview. Each candidate was asked the same three questions in open session and given three minutes per question. 7. Consider the appointment of a councilmember to fill the vacancy in the Ward I I City Council position for the unexpired term. Mayor Ames made a motion to APPOINT NATHAN CROSS TO THE WARD II CITY COUNCIL POSITION. Councilmember Samuel seconded the motion. AYES: NONE NAYS: MAYOR PRO TEM PATE,COUNCILMEMBERS COLEMAN,WRIGHT AND SMITH MOTION FAILED Councilmember Wright made a motion to APPOINT TAWANA CADIEN TO THE WARD II CITY COUNCIL POSITION. Councilmember Smith seconded the motion. AYES: COUNCILMEMBER SAMUEL NAYS: MAYOR AMES, MAYOR PRO TEM PATE AND COUNCILMEMBER COLEMAN MOTION FAILED Councilmember Coleman made a motion to APPOINT LAUREN WILLIAMS MASON TO THE WARD II CITY COUNCIL POSITION. There was no second the motion failed. No one was appointed to the Ward II seat due to a lack of four votes on each motion. COUNCILMEMBER COMMENTS COUNCILMEMBER COLEMAN- ANNOUNCED THAT THE OAKS DISTRICT ASSOCIATION HAS PURCHASED FIFTY 15 GALLON LIVE OAK TREES TO CITIZENS IN THEIR NEIGHBORHOOD THAT HAVE LOST TREES DUE TO THE HURRICANES,THERE IS A$25.00 FEE PER TREE, IF ANYONE IS INTERESTED PLEASE CONTACT THE OAKS HISTORIC DISTRICT ASSOCIATION, THERE IS A WEB SITE CITIZENS CAN GO TO WITH THEIR PHONE NUMBER ON IT, THANKED ALL OF THE CANDIDATES FOR COMING OUT ON TODAY, ANNOUNCED THE FIRST DAY FOR FILING FOR THE GENERAL ELECTION IS FEBRUARY 14, 2011 THROUGH MARCH 14, 2011 Page 10 of 12 Minutes-January 18,2011 COUNCILMEMBER WRIGHT- THANKED EVERYONE FOR THE CONDOLENCES IN THE DEATH OF HER HUSBAND, ALSO THANKED THE CANDIDATES FOR COMING FORWARD AND WANTING TO SERVE OUR GREAT CITY, THANKED CAROLYN HOWARD FOR THE BEAUTIFUL SONG SHE SANG AT HER HUSBAND'S FUNERAL, THANKED ANGELA BROWN WITH CONGRESSMAN TED POE'S OFFICE FOR ALL OF HER HELP,ALSO READ A PORTION OF A SPEECH BY CORNELIUS WEST MAYOR PRO TEM PATE- COMMENTED ON FUNERAL SERVICES FOR COUNCILMEMBER WRIGHT'S HUSBAND,CLINTON WRIGHT,ALSO COMMENTED ON LT. MARK PIERCE, WITH THE BEAUMONT POLICE DEPARTMENT WHO IS MARRIED TO BEVERLY BROOKS,WHO PLAYS A TV ANCHOR IN THE MOVIE THE GREEN HORNET COUNCILMEMBER SAMUEL- THANKS TO ALL THE VETERANS, SGT. WOODS AND CL. WRIGHT AND ALL OF THOSE THAT SERVE OUR COUNTRY, TRULY TOUCHED BY CELEBRATION THAT TOOK PLACE THIS PAST WEEKEND THROUGHOUT THE CITY, COUNTY AND THE COUNTRY,HAD AN OPPORTUNITY TO SPEAK IN NEW ROGE, LOUISIANA, HE ALSO READ A STATEMENT WRITTEN BY DR. MARTIN LUTHER KING, JR. COUNCILMEMBER SMITH - THANKED THE TEN CANDIDATES THAT SUBMITTED THEIR NAMES FOR THE WARD II COUNCIL SEAT,ENCOURAGED ALL OF THEM TO RUN IN THE MAY ELECTION AND LET THE CITIZENS OF WARD II MAKE THE DECISION OF WHO THEY WANT TO REPRESENT THEM, CONGRATULATED .JUDGE .ZONES AND THE NAACP ON THE MLK PARADE,THANKED THE MAYOR FOR JOINING HIM AT WEST TABERNACLE BAPTIST CHURCH FOR THEIR MLK PROGRAM CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES- COMMENTED ON A PICTURE OF COUNCILMEMBER SAMUEL ON THE COVER OF NLC NEWS LETTER,WATED TO KNOW IF THE CITY WOULD BE ENTERING THE 2011 CITY CULTURAL DIVERSITY AWARDS THAT IS BEING SPONSORED BY THE NATIONAL LEAGUE OF CITIES NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS,ALSO THANKED ALL OF THE CANDIDATES AND HOPED THAT EVERYONE WILL STAY INVOLVED,STATED THAT THE FIRST DAY OF FILING FOR THE GENERAL ELECTION IS MAY 14, 2011 Page 11 of 12 Minutes-January 18,2011 Public Comments (Persons are limited to three minutes) Lauren Williams Mason 1466 W. Lucas Dr. Beaumont TX Stated to Council how disappointed she was that there was not enough votes to appoint someone, also stated that if the at-large positions and Mayor were enough then the entire Council would be enough and it is not, as a citizen of that Ward it is a disappointment Tawana Cadien 1350 Westmeadow Dr. Beaumont TX Thanked Council for the opportunity, it was her desire that the seat would have been filled and her desire to represent Ward II, also enjoyed meeting all of the other candidates There being no further business, Council adjourned 5:18 p.m. Audio available upon request in the City Clerk's Office. (A0 irC ONI,``�Iltl Becky s, ayor I� Q.' Tina Broussard, City Clerk 1111 i Page 12 of 12 Minutes-January 18,2011