HomeMy WebLinkAboutPACKET AUG 19 2014RICH WITH OYPOKTVNITY
BEA.UMON*
T• E• X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 19, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — August 12, 2014
* Confirmation of committee appointments
Mary Jowers would be reappointed to the Board of Adjustment (Zoning). The current term
would expire July 22, 2016. (Mayor Becky Ames)
Kelli Maness would be reappointed to the Board of Adjustment (Zoning). The current term
would expire July 22, 2016. (Mayor Becky Ames)
John Johnson would be reappointed to the Small Business Revolving Loan Fund Board. The
current term would expire June 22, 2016. (Councilmember W.L. Pate, Jr.)
A) Authorize the City Manager to enter into a Memorandum of Understanding with the
Golden Triangle Retired and Senior Volunteer Program
B) Authorize the City Manager to amend a contract with the Texas Department of Housing
and Community Affairs for FY 2013 Emergency Solutions Grant (ESG) funds
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Reappointment
Mary Jowers
Kelli Maness
John Johnson
Commission
Board of Adjustment
Board of Adjustment
Small Business Revolving Loan Fund
Beginning
Expiration
of Term
of Term
08/19/14
07/22/16
08/19/14
07/22/16
08/19/14
06/22/16
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
August, 2014.
- Mayor Becky Ames -
0
RICH WITH OPPORTUNITY
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:A,[111C11 11(
T • E • x • A • S City Council Agenda Item
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
BACKGROUND
City Council
Kyle Hayes, City Manager
Bart Bartkowiak. Chief Technology Officer
August 19, 2014
Council consider a resolution authorizing the City Manager
to enter into a Memorandum of Understanding with the
Golden Triangle Retired and Senior Volunteer Program
(Golden Triangle RSVP).
Golden Triangle RSVP members donate their time and skills to over 100 non - profits or
government agencies of their choice throughout Hardin, Jefferson and Orange Counties.
Golden Triangle RSVP has worked with the Maurine Gray Literacy Program within the
Beaumont Public Library System for close to twenty years. We currently have several
volunteers including the Literacy Program's English as a Second Language (ESL) instructor who
has been one of our longstanding RSVP volunteers. The many volunteers from Golden Triangle
RSVP have helped tremendously in furthering the mission of the Literacy Program.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Golden Triangle Retired and Senior
Volunteer Program (Golden Triangle RSVP) to provide volunteer literacy services to the
Maurine Grey Literacy Program within the City of Beaumont Public Library System. Said
Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
August, 2014.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
between the
GOLDEN TRIANGLE RETIRED AND SENIOR VOLUNTEER PROGRAM
and
Name of Volunteer Station BEAUMONT PUBLIC LIBRARY SYSTEM -
MAURINE GRAY LITERACY CENTER
Street Address 801 PEARL STREET, BEAUMONT, TX 77701
Mailing Address P. O. BOX 3827, BEAUMONT,_ TX 777043827
Phone (409) 835 -7924 FAX
e -mail Peddy(aD_ci.beaumont.tx.us
Name and title of the Volunteer Station Representative (RSVP liaison)
PAUL EDDY LIBRARY ADMINISTRATOR
Name Title
Name and title of person responsible for MOU approval
KYLE HAYES CITY MANAGER
Name Title
Consider this Memorandum of Understanding to be in effect from
JUNE 13, 2014 through JUNE 12, 2017
VOLUNTEER ASSIGNMENTS - Volunteer Job Descriptions will be attached to this
Memorandum.
2 THE GOLDEN TRIANGLE RSVP WILL -
a. Provide orientation about the Golden Triangle RSVP for the Volunteer
Station Representative.
b. Review assignments with Volunteer Station Representative to determine
acceptability with federal guidelines for RSVP members.
c, Provide volunteer program management consultation when requested by the
Volunteer Station.
d Recruit and interview potential senior volunteers (age 55 +) before referring
them to the Volunteer Station.
e. Provide orientation about RSVP membership to the potential volunteer.
f. Participate in inter'-- --r --I-rs with Station Representatives
EXHIBIT `A'
MEMORANDUM OF UNDERSTANDING
PAGE 2
upon request.
g. Provide RSVP members excess Accident Medical Insurance, excess
Volunteer Liability Insurance, and excess Automobile Liability Insurance
during the hours of active volunteer service.
h. Will offer a Volunteer Recognition event and other social affairs for RSVP
members and Volunteer Station Representatives.
3. THE VOLUNTEER STATION WILL
a. Have the opportunity to interview potential RSVP members before placement.
b. Provide RSVP members with a thorough Volunteer Station orientation and
training for volunteer assignment.
C, Maintain, review and sign all RSVP member timesheets and sign -in logs. In
addition, the Volunteer Station will be responsible for sending originals of
these forms to the RSVP office on a bi- monthly basis.
d. Agree to assist RSVP staff in designing Performance Measurement Work
Plans according to the Corporation for National and Community Service
federal grant.
e. Comply with all outcome and output measurements documentation
requirements. Complete and return in a timely manner all surveys and /or
questionnaires requested by RSVP staff.
f Immediately contact the RSVP office in the case of a RSVP member being
involved in an accident. In addition, provide a signed accident report.
g. Contact RSVP staff in the event of an RSVP member being removed from
his /her assignment at the Volunteer Station (see section 6b).
h. Inform RSVP staff when additional recruitment is needed for a specific
volunteer assignment or when special event volunteers are needed.
i Not assign or request senior volunteers to conduct or engage in religious,
sectarian, or political activity or instruction.
j. Not assign volunteers to any assignment which would displace employed
workers.
k. Will understand that RSVP volunteers are an additional resource to the
station and will not supersede or displace any other volunteer recruited from
other sources. RSVP volunteers will complete all forms required by the
station, such as confidentiality, agreement to a background check, waiver
and acknowledgement forms, just as any other volunteer is required to
complete.
I. Be responsible for reimbursing RSVP members for any out -of- pocket
expenses in direct relation to volunteer assignment, such as office supplies
or uniforms required by the station. RSVP will not be responsible for such
expenses if the station reimburses or provides these to other volunteers
4. MEALS —
a. The Volunteer Station will provide the senior volunteer with meals
occurring during hours of volunteer service. The Volunteer Station will
MEMORANDUM OF UNDERSTANDING
PAGE 3
participate in documenting such as an in -kind contribution to the
Golden Triangle RSVP.
b. The Volunteer Station will partially participate in the provision of meals
i.e., meal vouchers, contribution requested. The Volunteer Station will
participate in documenting such as an in -kind contribution to the
Golden Triangle RSVP.
c The senior volunteers will provide own meals.
X d. Volunteer shifts do not coincide with a normal meal time.
5. RSVP MONTHLY FORMS -- The following individuals are approved to sign -off on
volunteer timesheets, attendance logs, and /or mileage forms.
6. OTHER INFORMATION -
a. Prohibition of Discrimination: Discrimination on the basis of race, color,
creed, sex, or handicap will not be permitted. The Volunteer Station and the
Golden Triangle RSVP will actively comply with provisions of Title VI of the
Civil Rights Act of 1964 and the Rehabilitation Act of 1973, which prohibits
discrimination against disabled persons in all programs, services, and
activities.
X _ Yes No Is your building handicap accessible?
X _ Yes No Do you have accessible parking?
1974 -2003 When was the building in which you are housed built?
b. Separation from Volunteer Service: The Volunteer Station may request the
removal of a senior volunteer. The Golden Triangle RSVP may recall a
senior volunteer. A senior volunteer may resign from service to a Volunteer
Station or from the Golden Triangle RSVP. Discussion of individual
separations will occur between the Golden Triangle RSVP staff, staff at the
Volunteer Station and the senior volunteer to clarify the reasons or resolve
conflict.
C. Federal IRS Tax Exemption Status Letter: Federal Regulations allow RSVP
to enter into a MOU with non - profit organizations and governmental
MEMORANDUM OF UNDERSTANDING
PAGE 4
agencies. Regulations also allow for a MOU with proprietary healthcare
organizations providing volunteer assignments are directly patient /resident
related (not administrative).
Non - Profit Organization - Federal IRS Tax Exemption Status
Letter provided to RSVP
X Governmental Entity, status letter not required
Proprietary Healthcare, no Federal IRS Tax Exemption Status
Letter available
d. Amendments: This Memorandum of Understanding may be amended in
writing by concurrence of the parties hereto.
Volunteer Station's Authorized Signature
Title CITY MANAGER Date
Golden /4 riangle RSPP-Bi ar Signature
Date `
MEMORANDUM OF UNDERSTANDING PAGE 5
ADDITIONAL COMMENTS:
AGENCY BEAUMONT PUBLIC LIBRARY SYSTEM
DESCRIPTION OF VOLUNTEER OPPORTUNITIES
JOB TITLE ESL or GED Tutor, Pro Literacy America
SUPERVISOR: Director of Literacy Depot
PURPOSE: 1. To be willing to expend time, energy and effort to help an adult learn .
2. To respect the adult learner as a person of worth.
3. To be willing to learn ways which will bring about growth of self -
esteem as well as help clients reach their goals.
JOB DESCRIPTION AND DUTIES:
1. To become aware of the nature and characteristics of the adult learner; to respect
the learner as a fellow human being; to encourage the learner to set realistic
learning goals as well as personal goals; to help the learner realize those goals
through the use of a learning plan and periodic evaluation.
2. To be committed to the program philosophy, guidelines, methods and materials.
3 To attend training workshops and periodic staff development meetings.
4. To keep accurate records of attendance, contact hours, test results and a
cumulative folder of student data and progress.
5 To tutor a student in reading once or twice a week for 1 '/2 -2 hours each time at a
site mutually agreed upon by the tutor, student and Literacy Coordinator.
TIME REQUIRED: (Days needed, hours needed, etc.)
Preferably 9 months to a year; minimum of 6 months commitment.
DESCRIBE TRAINING THAT WILL BE PROVIDED:
Volunteer tutors will receive training in the following:
1. How adults learn and process information
2 The philosophy, goals and strategies of local volunteer literacy work
3. The methods and materials used to teach adults in our area
SPECIAL SKILLS REQUIRED:
Willingness to commit to the above duties and responsibilities.
Ability to read and write.
11EA,[1M01114r
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City anager
C>
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
August 19, 2014
rn�
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to amend a contract with the Texas Department of Housing
and Community Affairs (TDHCA) for FY 2013 Emergency
Solutions Grant (ESG) funds.
BACKGROUND
Given the extent of the homeless problem within our community, the City partnered with the
Texas Department of Housing and Community Affairs (TDHCA) to receive $215,493 in
Emergency Solutions Grant (ESG) funds. The City acts as the lead agency, providing the
funding to local homeless service providers for such activities as shelter operations and rental
assistance.
As the program has progressed, it is recommended that the original program budget be amended
to modify the line item categories, better aligning them with the needs of the providers. Enclosed
is the proposed amendment, illustrating this budget amendment. The overall grant amount will
remain the same.
FUNDING SOURCE
U.S. Department of Housing and Urban Development (HUD), administered through the Texas
Department of Housing and Community Affairs (TDHCA).
RECOMMENDATION
Approval of the resolution.
ESG Budget Amendment Form
Enter the requested information into the yellow cells and sign below.
Subrecipient Information
Date Submitted: July 31, 2014
Subrecipient: City of Beaumont
Contract Number: 42130001767
PART II. Budget Amendment Request
Categories
Original Budget
Change
New Budget
Street Outreach
$31,600.00
- $16,900.00
$14,700.00
Emergency Shelter
$33,760.00
$0.00
$33,760.00
Essential Services
$0.00
Operations
$33,760.00
- $11,026.00
$22,734.00
Renovation
$0.00
Major Rehabilitation
$11,026.00
$11,026.00
Conversion
$0.00
Uniform Relocation Assistance
$0.00
Homeless Prevention
$65,918.00
$31,874.17
$97,792.17
Housing Relocation and
Stabilization Services - Financial
$1,200.00
:$1,852.17
$3,052.17
Housing Relocation and
Stabilization Services - Services
$12,518.00
$12,518.00
Tenant -based Rental Assistance
$52,200.00
$30,022.00
$82,222.00
Project -based Rental Assistance
$0.00
Rapid Re- housing
$65,472.00
- $14,974.17
$50,497.83
Housing Relocation and
Stabilization Services - Financial
$6,249.00
$613.83
$6,862.83
Housing Relocation and
Stabilization Services - Services
$6,460.00
$6,460.00
Tenant -based Rental Assistance
$52,763.00
- $15,588.00
$37,175.00
Project -based Rental Assistance
$0.00
Homeless Management Information
System (HIMS)
$9,500.00
$9,500.00
Administrative Costs
$9,243.00
$9,243.00
Total*
$215,493.00
$0.00
$215,493.00
I otal Uric Inal Budget must equal Total New Budget. Amendments only move funds between categories.
Page 1 of 2
PART III. Matching Funds Amendment Request
Categories
Original Budget
Change I
New Budget
Other Non -ESG HUD Funds
$14,783.00
$14,783.00
Other Federal Funds
$0.00
State Government
$68,510.00
$68,510.00
Local Government
$24,000.00
- $24,000.00
$0.00
Private Funds
$31,728.00
$51,069.00
$82,797.00
Other
$76,472.00
I
- $27,069.00
549,403.00
Fees
$0.00
Program Income
$0.00
Total"
$215,493.00
$0.00
$215,493.00
* *Total New Match Funds must be equal to or greater than Total Originai Budget.
Reason for Amendment Request
See attachment. Exhibit A- Family Services of Southeast Texas, Exhibit B -Some Other Place and Exhibit C-
Catholic Charities.
TE XAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
ANtENDMENT NO. I TO CONTRACT NUMBER 42130001767
FY 20!; EMERGENCY SOLUTIONS GRANTS (ESG) PROGRA%l (CFDA NO. 14.231)
This Amendment No I to Emergency Solutions Grants Program Contract Number 42130001767 ',)y and between the The
Texas Department of Hot.sing and Community Affairs, a puHic and official agency of the State of Texas ( "Department "),
and City B
of Beaumont. a political subdivision of the State of Texas ( "Subrecipient "), hereinafter collectively referred to
as "Parties ", is executed on the respective dates indicated to ratite_ , confirm and acknowledge the execution date of this
Amendment to be June 01, 2014.
RECITALS
WHEREAS, the Department and Subrecipient, respectively, executed that Emergency Solutions Grants Program
Conuact Number 42130001767 to be effective on June 01, 2014 ( "Contract "), and
WHEREAS. the Parties desire to amend the Contract in the manner provided herein beim"
AGREEMENTS
NOW THEREPORL-. for valuable consideration, the receipt and sufficience of which are hereby acknowledged, the
Parties agree as follows
SECTION 1.
Exhihit B_ Budget, of this Contract is hereby deleted and replaced in its entirety with the attached Exhibit B.
SECTION 2.
Exhibit C. Match Requirements Document, of this Contract is hereby deleted and replaced in its entirety with the attached
Exhibit C-
SECTION 3.
All of the remaining terms of the Contract shall be and remain in full force and effect as therein set forth and shall
continue to govern except to the extent that said terns conflict with the terms of this Amendment. In the event this
Amendment and the terms of the Contract are in conflict, this Amendment shall govern, unless it would make the Contract
void by la-,\
SECTION 4.
Each capitalized term not e :pressly defined herein shall have the meaning given to such term in the Contract.
SECTION 5.
This Amendment may be executed in several counterparts, each of which shall be deemed tc be an original copy. and all of
which together shall constitute one agreement binding on Parties, notNNithstandine that all the Parties shall not have signed
the same counterpart.
SECTION 6.
11 aoy of the Parties returns a copy by facsimile machine or electronic transmission, the signing party intends the copy of
A's authorized signature printed by the receiving machine or the electronic transmission to be its original signature.
SECTION 7.
By signing- this Amendment. the Parties expressly understand and agree that its terms shall become a part of the Contract
as'fit were set forth word for word therein.
SECTION 8.
This Amendment shall be binding upon the Parties hereto and their respective successors and assigns.
Page I of
SECTION 9.
P" s Amendment shall be e:Tcn%e and memorializes an effective date of,lune 01. 2014.
�G!TNESS OUR HAND Fl FECTIVE: .June 01, 2014
S1'11RGCIPIIENT:
City of Beaumont
a political subdivision of the State of Texas
Title:
Datc
DISPARTIIENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State
of Texas
B\
Fitle: Its dub authorized officer or representative
Date:
Pase 2 of
TEXAS DEPARTMENT OF HOUSING AND COMMLNITY AFFAIRS
AMENDMENT NO. I TO CONTRACT .IMHL-R 4213000176''
Fl" COI= [? ILRGENCY SOLUTIONS GR:�NTS (ESGj PROGR:O�] (CFDA VO 14.231 )
F_\HIHIT H
Hl_!DGE I
City of Beaumont
a political subdivision of the State of Texas
Contract "berm 10/01/2013 - 09/312014
DEPARTMENT FINANCIAL OBLIGATIONS
Budget Cntegory Category Totals
Street Outreach
S 14,700.00
Shelter
S33,760.00
Operations
S 22.734.00
Major Rchab
S 11.026.00
Homelessness Prevention
S97,792.17
Housing Relocation and Stabilization Services -HP Financial
$ 3,02.17
Housing Relocation and Stabilization Services -HP Services
S 12.518.00
Tenant -based rental assistance -HP
S 81222.00
Rapid Re- Housing
S 50,497.83
I- lousing-, Relocation and Stabilization Services -RRH Financial
S 6,862.83
Housing Relocation and Stabilization Services -RRH Services
S6,460.00
Tenant -based rental assistance -RRI I
S 37,175.00
Homeless Management Information System (111\11S)
S 9,500.00
administrative Costs
S 9,243.00
TOTAL
S 215,493.00
Additional funds mad be obligated via Ainendment(s). Furds may only be obligated and expended during the current
Contract Tenn.
unexpended l;md balances kill be recapi_ucd.
FOOTNOTES TO 131 DGET FOR AVAILABLE ALLOCATIONS:
Subrccip cnt must request in writing any adjustment needed to a budget category before TDHCA will make am adjustments
to the budget
categories Onl, those written request(s) from the Subrecipients received at least 60 days prior to the end of the Contract
Term will
he reviewed. TDHG1 cony decline to review written requests received during the final 60 days of the Contract Term.
Maximum for admmis. ration based on 1`1'x, of the total allowable expenditures excluding travel for trainin<a
Subrecipient mar. apple Administration funds to pay for travel costs incurred to attend the September 1? -13. 20: ESG Program Workshop
meld in Austin.Tcsas
Page 3 of 5
TEXAS DEPART-'IEN'r OF HOt' SIN G AND CONUNIUNITY AFFAIRS
AMENDMENT NO. I TO CONTRAC f NUMBER 42130001767
FY 201 3 EMERGENCY SOLUTIONS GRANTS (1-SG) PROGRAM (CFDA NO 1 -1231)
EXHIBIT C
MATCH REQUIREMENTS DOCUMENT
City of Beaumont
a political subdivision of the State of Texas
Contract Term: 10/0112013-09/30/2014
I -vne (.Source of :ylatch) Dollar Value
Other Non -ESG 1111) Funds S 14,783.00
Other Federal Funds S 0.00
State Government S 68,510.00
Local Government S0.00
Private Funds S 82,797.00
Other S49,403.00
Fces S 0.00
Program Income S 0.00
MATCH TOTAL S 215,493.00
Pagc 4 of -5
Subrecipicnt small ma,�ch their mnrd amount with an equal or ;renter amount of resources from other than ESG funds in accorda :ice whit the
ollowing requiremerts-
E1iiaible Sources of Match:
o anv source including any Fcderil source (except for ESG)
o anv state heal, and private sources
If using Federal sources, the following rules apply to Match Funds:
o the Taws ;m erning, any source ti he used as match must not prohibit those funds from being used as match,
o if ESG funds are to be used as match for another federal program, then that program may not be used as rratch for ESG.
Recounition of yiatchinu Contributions
o Match funds must meet all the requirements that apply to ESG funds (except expenditure limits)
o %latchim contributions must be provided from July 17, 2013 through September 30, 2014
o Cash contributions must be expended within the expenditure deadline during the Contract Term
o Von -cash contributions must be made within the expenditure deadline (above)
o Contributions used to match a previous ESG grant may not be used to match a subsequent grant
o Contributions used to match another federal grant may not'oe used to match ESG
Eligible Types of Matching Contributions:
1_ Cash Contributions -Cash expended for allowable costs as defined in ONIB Circular A -122 (2 C.FR. Part 230). Sources of cash
contributions nay include private donations, or grants, from foundations, nonprofits, or local, state and federal funds.
2. ion -Cash contributions-Non-cash contributions are the value of any real property equipment. goods- or services contributed to the
Siibrecipient's ESG program, provided that they would be allowable if the Subrecipient had to pay for them_
Costs pair by pro-,ram income during the grant period are to he considered as match provided thec are eligibic costs that supplement the
ESG progratr.
PaL,e � of' 5
Amendment Requests
Exhibit A Family Services of Southeast Texas
Family Services of Southeast Texas would like to repair a broken slab that is affecting two bedrooms at
their Women's shelter. The costs for the repairs would be approximately $11,026.00. The funds in the
amount of $11,026.00 will be transferred from The Emergency Shelter- Operations Line Item to The
Emergency Shelter -Major Rehabilitation Line Item.
Exhibit B Some Other Place
Some Other Place is unable to provide the mental health services, as described by The TDHCA for the
Street Outreach Budget. Failed attempts were made with local mental health providers to deliver
services, as requested by The TDHCA and they have not been able to secure those services. Homeless
mentally ill individuals are currently being served through other programs. Some Other Place is
requesting that funds in the amount of $16,900 ($7,722.00 Emergency Mental Health Services and
$9,178.00 Caseworker's salary) be transferred from Street Outreach to Homeless Prevention - Tenant
Based Rental Assistance Line Item ($12,61.0.00) and the Rapid Rehousing- Housing Relocation and
Stabilization Services - Financial Line Item ($4,290.00). They would also like to take $8,148.00 from Rapid
Rehousing- Tenant Based Rental Assistance Line Item and $1,824.00 from Rapid Rehousing- Housing
Relocation and Stabilization Services - Financial Line Item and transfer the total amount of $9,972.00 to
Homeless Prevention - Tenant Based Rental Assistance Line Item.
Exhibt C Catholic Charities
Catholic Charities needs more funding for Homeless Prevention- Financial, Services and Tenant Based
Rental Assistance. Catholic Charities is requesting that funds in the amount of $1,852.17 be transferred
from Rapid Rehousing - Housing Relocation and Stabilization Services - Financial Line Item to the Homeless
Prevention - Housing Relocation and Stabilization Services - Financial Line Item, $7,440.00 from Rapid
Rehousing- Tenant Based Rental Assistance Line Item to the Homeless Prevention- Tenant Based Rental
Assistance Line Item. In addition, they would like their entire budget of $ 71,734 of the Matching funds
to be transferred to Private funds Line Item.
RESOLUTION NO.13 -265
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the original and amended Texas Department of
Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B:"
and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a contract with the Texas Department of Housing and Community
Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place,
Family Sery ces of Southeast Texas and Catholic Charities of Southeast Texas for client
outreach, emergency shelter and other homeless prevention services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
November, 2013.
Ao
�G
�I�layor Becky Ames -
RESOLUTION NO.13 -265
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the original and amended Texas Department of
Housing and Community Affairs (TDHCA) budgets, attached hereto as Exhibits "A" and "B;"
and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to enter into a contract with the Texas Department of Housing and Community
Affairs (TDHCA), attached hereto as Exhibit "C," and agreements with Some Other Place,
Family Servhces of Southeast Texas and Catholic Charities of Southeast Texas for client
outreach, emergency shelter and other homeless prevention services.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
November, 2013.
1
U0,� ayor Becky Ames -
1 � �►
ZUI3ESG Program Budget
Page, I
EXH|B[r^B^
Street Outrea ch
31; 6100.00
Emergency Shelter
3 3, 7 6 0. 1)
Essentla� Service,
Homeless Preventicn
Housirs Ro�ccatllon and Stabilization Services - Services
en.�nt-h�is?d Rental Assistance
Administrative COS's
�4,7,�l.
M5
Page, I
EXH|B[r^B^
SJ!C I! I I Er W I MV 'If FINAN Cl/, I , OBLIGA IONS
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uniting h", , ream -WI, Inn, Ilfttl,, dc-n,,,m l',113illh—W shall 9— -Ivin;k uril
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rlldl r,,Nnd I. Dejmarrcm any I,— of n,, wl, O, it,, been ptt,d I,
rcpartnlu I! lcecrmtnes lla, rz,,J:,d in an Ike I — J, I, tmd:,
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N11 Tjl0j) ol CAy,mr WPCASII I/A.ANICTS
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sM-[ !", fl. r Irs I 1IRVIC I'U'S AND ATWIN ISTIZATIVE RIiQ11APEWWT S-
A I-11,pt o,:[- .Qy no'iFt:ld by law or It,, ;erns of It, - (",)In l Sokl—porl; mhnll c,)Ivlply -th "I, —t
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acco'd-ce .'li' d", r"i" pohlic Ir.'bnnat ion Act
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ST'(- I IWI 25. ! ASSISTANCE AND N0Nl 1*0RINC
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RESOLUTION NO.
WHEREAS, on November 19, 2013, City Council approved Resolution No. 13 -265
approving the original and amended Texas Department of Housing and Community Affairs
(TDHCA) budgets and authorizing the City Manager to enter into a contract with the Texas
Department of Housing and Community Affiars (TDHCA), Some Other Place, Family
Services of Southeast Texas and Catholic Charities of Southeast Texas for client outreach,
emergency shelter and other homeless prevention services; and,
WHEREAS, an amendment to the contract with Texas Department of Housing and
Community Affairs (TDHCA) is required to amend the FY 2013 Emergency Solutions Grant
(ESG) funds budget by modifying the line item categories in order to better align them with
the needs of the local homeless services providers;
NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL. OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute an amendment
to the contract between the City of Beaumont and the Texas Department of Housing and
Community Affairs (TDHCA) to modify the line item categories of the FY 2013 Emergency
Solutions Grant (ESG) funds to better align them with the needs of the local homeless
services providers. The amendment is substantially in the form attached hereto as Exhibit
"A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
August, 2014.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
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T• E - X - A - $
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 19, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation :Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. I /Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider amending Section 20.03.003 of the Code of Ordinances to change the
speed limit on four (4) sections of South Major Drive
WORK SESSION
* Review and discuss revisions to the Alcohol and Beverage Ordinance
* Review and discuss a proposal by Alan B. Coleman, Mayor Pro -Tem, for the City
to apply for grant funds to pay for the design of a healthy initiatives website to
then be maintained by the City
COMMENTS
* Councilmembers /City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Robert "Bobby" Lorraine vs. City of Beaumont, Texas; Cause No. 122490
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880 -3777 three days prior to the meeting.
v
August 19, 2014
Consider amending Section 20.03.003 of the Code of Ordinances to change the speed limit on four
(4) sections of South Major Drive
RICH WITH OPPORTUNITY
r
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Joseph Majdalani, P.E., Public Works Director J'/'1
.August 19, 2014
REQUESTED ACTION: Council consider an ordinance amending Title I Chapter 20
Section 20.03.003 of the Code of Ordinances that would
change the speed limit on four (4) sections of South Major
Drive.
BACKGROUND
Residents have requested an evaluation of the current posted speed limit on South Major
Drive from College Street to Fannett Road. The Spot Speed study conducted by TxDOT
recently in this area indicated that the majority of drivers are driving faster than the
current speed limit. It is recommended that the speed limit and speed zone boundary be
amended for South Major Drive by changing the speed limits by adding and reflecting
such changes in the schedule of Chapter 20 Section 20.03.003 to read as follows:
Street Limits of zone Dir. of Travel Speed
S. Major Dr. (a) From the centerline of College Street to a North and South 40
point 1072 feet south of the centerline of
College Street.
(b) From 1072 feet south of the centerline of North and South 50
College Street to a point 259 feet south of the
centerline of Washington Blvd.
(c) From a point 259 feet south of Washington North and South 60
Blvd. to a point 4652 feet south of the centerline
of Brooks Road.
(d) From a point 4652 feet south of the centerline North and South 50
of Brooks Road to the centerline of Fannett Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
SECTION 20.03.003 OF THE CODE OF ORDINANCES OF
BEAUMONT, TEXAS BY CHANGING AND ADDING SPEED
LIMITS AND SPEED ZONE BOUNDARIES TO THE
SCHEDULE FOR SOUTH MAJOR DRIVE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 20, Section 20.03.003 of the Code of Ordinances of the City of Beaumont,
be and the same is hereby amended by changing and adding speed limits and speed zone
boundaries to the Schedule for South Major Drive to read as follows:
Street Limits of zone
S. Major Dr. (a) From the centerline of College Street to a
(S.H. 364) point 1072 feet south of the centerline of
College Street.
(b) From 1072 feet south of the centerline of
College Street to a point 259 feet south of the
centerline of Washington Blvd.
(c) From a point 259 feet south of Washington
Blvd. to a point 4652 feet south of the centerline
of Brooks Road.
(d) From a point 4652 feet south of the centerline
of Brooks Road to the centerline of Fannett Road.
Section 2.
Speed In
Miles Per
Hour
Dir. of Travel Max. Min.
North and South 40
North and South 50
North and South 60
North and South 50
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
August, 2014.
- Mayor Becky Ames -
WORK SESSION
Review and discuss revisions to the Alcohol and Beverage
Ordinance
ARTICLE 6.03 ALCOHOLIC BEVERAGES
Division 1. Generally
See. 6.03.001 Definitions.
For the purpose of this Article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Applicant. An individual that submits an original or renewal application for a permit. The
applicant is the intended operator, occupant, or owner of the establishment.
City Manager. The City Manager of the City of Beaumont or the designated representative of the
City Manager.
Chief Building Official. The Chief Building official for the City of Beaumont or the designated
representative of the Chief Building official.
Church. A building, in possession of a certificate of occupancy, in which persons regularly
assemble for purposes of religious worship, intended primarily for purposes connected with such
worship or for propagating a particular form of religious belief.
Establishment. The intended site for which the permit will be issued.
Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative
of the Chief of the Fire Department.
Occupant. An individual who occupies or exercises direct control of the establishment.
Operator. The manager or other natural person principally in charge of the establishment.
Owner.An individual who has an ownership interest in the establishment or receives an
economic or monetary benefit from the establishment.
Permit. A current, valid permit issued by the City Manager pursuant to the terms of this Article
to an applicant.
Permit Holder. A person how has been issued a permit pursuant to this Article.
Police Chief. The Chief of the City of Beaumont Police Department or the designated
representative of the Chief of the Police Department.
Public Health Director. The Public Health Director for the Public Health Department for the City
of Beaumont or the designated representative of the Public Health Director.
School. A building, in possession of a certificate of occupancy, where persons regularly
assemble for the purpose of instruction or education together with the playgrounds, stadia and
other structures or grounds used in conjunction therewith. The term is limited to:
(1) Public and private schools used for primary or secondary education, in which any regular
kindergarten or grades 1 through 12 classes are taught; and
(2) Special education facilities in which students who have physical or learning disabilities
receive specialized education in lieu of attending regular classes in kindergarten or any
grades 1 through 12.
Division 2. Permits
Sec. 6.03.002 Permits.
(a) It shall be unlawful for any operator, occupant, or owner of an establishment to do the
following without first obtaining a permit issued pursuant to this Article by the City:
(l) Manufacture, distill, brew, sell, possess, import into this state, export from this state,
transport, distribute, warehouse, or store any liquor or alcoholic beverage;
(2) Solicit or take orders for any liquor or alcoholic beverage; or
(3) Bottle, rectify, blend, treat, fortify, mix or process any liquor or alcoholic beverage.
(b) A permit issued under this Article is non - transferable and non - refundable.
Sec. 6.03.003 Display.
It shall be unlawful for any operator, occupant, or owner of an establishment required to obtain a
permit hereunder to fail to keep the same displayed in a conspicuous place at or near the
principal public entrance in the establishment for which it was issued.
Sec. 6.03.004 Application, term.
(a) A permit issued under this Article does not vest any property rights in the applicant or
permit holder.
(b) All permits, excluding mixed beverages and late beverages, shall be valid for a two (2)
year period starting from the date of issuance.
(c) Permits for mixed beverages and late beverages shall be valid for a three (3) year period
and upon renewal shall be valid for a two (2) year period.
(d) An application shall be made by the intended owner or operator of the establishment.
(e) The application for permit shall be submitted with the prescribed fee as outlined in the
fee schedule. The application must be completed for each location sought to be permitted.
The following information is required in the application:
(l) Name, address, and telephone number of the applicant, including the trade name by
which applicant does business and the street address of the proposed establishment,
and if incorporated, the name registered with the Secretary of State;
(2) Name, address, and telephone number of the operator of the establishment to be
permitted;
(3) Whether a previous permit of the applicant, or. if applicable, a corporate officer of the
applicant, has been revoked within three (3) years of filing of the application; and
(4) A statement that all the facts contained in the application are true and correct.
(5) Proof of a valid state permit.
Sec. 6.03.005 Renewal.
(a) An application for renewal must be submitted thirty (30) days before the expiration date
of the existing permit to the City Manager on a form provided by the City for such
purpose.
(b) The renewal application must be submitted with the prescribed fee as designated in the
fee schedule.
(c) Applications submitted after the expiration date of the expiration date of the previous
permit will be accessed a fifty dollar ($50.00) penalty.
Sec. 6.03.006 Grounds for denial or revocation.
(a) The City Manager shall refuse to approve the issuance or renewal of a permit or shall
revoke a permit for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit,
(2) Revocation of a permit; pursuant to this Article, of the applicant or corporate officer
of the applicant within three (3) years preceding the filing of the application.
Sec. 6.03.007 Appeal from denial or revocation.
If the City Manager denies, refuses to approve the issuance of a permit or the renewal of a permit
to an applicant, or revokes a permit issued under this Article, this action is final unless the
applicant or permit holder, within ten (10) days after the receipt of written notice of the action,
files a written appeal to the City Council by delivering said notice to the City Clerk setting forth
specific grounds for the appeal. The City Council shall either hear the appeal or select a hearing
officer to preside over the appeal hearing. The City Council or hearing officer shall within
fourteen (14) days of the notice of appeal grant a hearing to consider the action. The City
Council and hearing officer have the authority to sustain, reverse, or modify the action appealed.
The decision of either the City Council or hearing officer is final.
Sec. 6.03.008 Transfer of permit.
(a) A permit issued under the provisions of this Article shall be specific to the establishment
site and personal to the permit holder thereof and shall not be transferable or assignable.
(b) Owners or occupants of multiple sites are required to have permits for each location.
Sec. 6.03.009 Replacement permits.
(a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or
mutilated after a written application is submitted with a fee of fifteen dollars ($15.00) to
the City Manager on a form provided by the City for such purpose.
(b) A replacement permit shall bear the same expiration date as the one it replaces.
Sec. 6.03.010 Occupation tax; permit fees.
(a) "There are hereby prescribed and levied occupation taxes or permit fees upon persons
carrying on the business of manufacturing, distributing or dealing in alcoholic beverages,
as described in this article, in an amount not to exceed one -half of the taxes or fees levied
upon such business by the state.
(b) The holder of a state retail dealer's on- premises late hours license shall pay to the city,
before exercising any privilege by virtue of such late hours license, a fee not to exceed
one -half of the state fee for such late hours license.
(c) All taxes or fees for each place of business shall be paid in advance in compliance with
the fee schedules authorized by the Texas Alcoholic Beverage Code.
Division 3. Inspections
Sec. 6.03.011 Inspections; compliance
(a) The establishment shall conform to all zoning ordinances, building codes, health and
sanitization codes and fire prevention codes of the City and comply with all federal, state
and local ordinances and regulations relevant to the sale, manufacturing, or distributing of
alcoholic beverages.
(b) The Police Chief, the Fire Chief, the Chief Building Official, and Public Health Director
shall have the right to immediate access to enter and inspect all manufacturing,
distributing, and retailing establishments in possession of alcoholic beverages.
(c) An owner, operator, occupant, or any person who does not allow immediate access to the
establishment for the purpose of inspection commits an offense.
Sec. 6.03.012 Prohibited locations.
(a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful
for any person to sell or possess for the purpose of sale any alcoholic beverages where the
establishment or place of business of any dealer is:
(1) Within three hundred (300) feet of a church or public or private school;
(2) Within one thousand (1,000) feet of a public school or a private school if the
governing body of the city receives a request from the governing body of the private
school or from the board of trustees of the school district under section 38.007,
Education Code; or
(3) Within 1000 feet of a day care center or child care facility, as those terms are defined
by section 42.002 of the Texas Human Resources Code.
(b) The measurement of the distance between the place of business where alcoholic
beverages are sold and the church, public or private school, day care center, or child care
facility shall be determined as described in sections 109.33 and 109.331 of the Texas
Alcoholic Beverage Code. as amended.
Sec. 6.03.013 Responsibility of permit holder.
(a) The permit holder shall within fourteen (14) days of the effective date notify the City
Manager in writing of any changes to information submitted in the application.
(b) Failure to notify the City Manager of changes may result in the revocation of the
establishment's permit or the denial of the permit renewal.
(c) The permit holder shall within fourteen (14) days of the effective date notify the City
Manager of the establishment's closure.
Division 4. Enforcement
Sec. 6.03.014 Hours of operation
(a) The city is hereby designated as an "extended (late) hours area," and the times
permitted for consumption and possession of alcoholic beverages defined by section
105.06 of the Texas Alcoholic Beverage Code, as amended, are hereby adopted and
made effective in the City.
(b) The hours prescribed by section 105.05 of the Texas Alcoholic Beverage Code, as
amended, for the sale of beer are hereby adopted and made effective in the City.
(c) The hours prescribed by section 105.03 of the Texas Alcoholic Beverage Code, as
amended, for the sale of mixed beverages are hereby adopted and made effective in
the City.
(d) It shall be unlawful for holders of package store permits as provided in the Texas
Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor:
(1) Between 9:00 p.m. of any day and 10:00 a.m. of the following day;
(2) On Sunday;
(3) On New Year's Day;
(4) On July fourth;
(5) On Labor Day;
(6) On Thanksgiving Day;
(7) On Christmas Day;
(8) On the following Monday when Christmas Day or New Year's Day falls on a
Sunday.
Sec. 6.03.015 Violation of existing laws not authorized
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize the
sale, offer to sell, or delivery of any liquor of which is illegal or in violation of any ordinance of
the City, any section of the Penal Code of this state, or the Constitution of this state.
Sec. 6.03.016 Penalties.
(a) It shall be unlawful for an owner, operator, or occupant of an establishment not to
maintain and display a valid permit issued by the City.
(b) Except as otherwise provided by this section, if it be shown that a person has violated
this Article, upon conviction, the defendant shall be punished by a fine of not less than
fifty dollars ($0.00) nor more than two hundred dollars ($200.00).
(c) Upon second conviction of a violation of this Article, the defendant shall be punished by
a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars
($200.00).
(d) Any violation charged pursuant to this section shall be independent of and may be in
addition to any administrative penalties which may be imposed regarding the suspension,
revocation or denial of any permit granted under this Article.
Sec. 6.03.017 Injunctions.
(a) In addition to the fines and penalties provided in this Article, if it appears that a person
has violated or is violating or is threatening to violate any provision of this Article, the
City Attorney may institute a civil suit in a court of competent jurisdiction for injunctive
relief to restrain the person from continuing the violation or threat of'violation.
(b) On application for injunctive relief and a finding that a person is violating or threatening
to violate any provision of this Article, the court shall grant such injunctive relief as the
facts may warrant.
Sec. 6.03.018 Strict enforcement.
All law enforcement personnel, inspectors, and other designated personnel shall carry out the
provisions of this Article and may issue citations for violations of this Article. All law
enforcement officers and representatives shall strictly enforce and prosecute the provisions of
this Article, and court officials shall see that this Article receives strict interpretation and
adjudication in a court of competent jurisdiction.
WORK SESSION
* Review and discuss a proposal by Alan B. Coleman, Mayor
Pro -Tem, for the City to apply for grant funds to pay for the
design of a healthy initiatives website to then be maintained
by the City