HomeMy WebLinkAboutPACKET JUL 30 2019BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS' JULY 30, 2019 1:30 PM
CONSENT AGENDA
* Approval of minutes — July 23, 2019
Confirmation of board and commission member appointments
A) Authorize the City Manager or his designee to execute all documents necessary, for a
Memorandum of Understanding between the Texas Department of Public Safety and the
City of Beaumont Police Department regarding state vehicle weight enforcement
inspections
B) Authorize the City Manager or his designee to execute all documents necessary, for a
Memorandum of Understanding between the Texas Department of Public Safety and they
City of Beaumont Police Department regarding federal motor carrier enforcement and
inspections
U
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: July 30, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his
designee to execute all documents necessary, for a Memorandum of
Understanding between the Texas Department of Public Safety and
the City of Beaumont Police Department regarding state vehicle
weight enforcement inspections.
BACKGROUND
Title 37 of the Texas Administrative Code, Rule 4.56, requires that law enforcement agencies
employing weight enforcement officers must enter into an MOU with Texas DPS prior to
conducting weight enforcement.
Traffic Unit officers of the Beaumont Police Department maintain certification through Texas
DPS to enforce weight laws from Chapter 621 of the Texas Transportation Code.
This MOU sets forth the standards, training, and reporting requirements that our agency and
officers must follow.
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 the Texas Department of Public
Safety Department for the purpose of training, approved scale use, annual scale re-
calibration standards, violation report requirements, and mandated annual reporting
relating to weight enforcement inspections of commercial motor vehicles. Said
Memorandum of Understanding is substantially in the form attached hereto as Exhibit
"A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -
a
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
BEAUMONT POLICE DEPARTMENT (Allied Agency)
I. General Agreement
In accordance with Transportation Code § 62.1.402, DPS has established the following
parameters- for approved Allied Agencies seeking to enforce the defined state. laws within
Transportation Code Chapter 621, Subchapterf. -
In order to maximize the uniform enforcement of statute, the parties enter into this
Memorandum of Understanding- (MOU) regarding training, approved scale use, annual scale
re -calibration standards, violation report requirements, and mandated annual reporting.
II. DPS Responsibilities
In order to better implement and maintain the standards in. this MOU, DPS will:
L Train; retrain .(as necessary or desirable), test and certify the officers of any qualified
Allied Agency.
2. Forward any weight enforcement complaints or challenges
.to the issuing Allied Agency.
DPS .may conduct random, in-person observation. of weight enforcement inspections
conducted by an Allied Agency in order to ensure that -Allied Agency's officers are adhering to
DPS certification standards.
III. _Allied Agency. Responsibilities
A. Certification Training
Allied Agency must enroll their..commissioned,. full-time officers in the 40 hour, Basic CVE
course_ conducted at the direction of the DPS Motor Carrier Bureau. A commissioned officer
must obtain 80% or better to become certified as a "weight enforcement officer." After initial
certification, mandated re -certification training will take place .following each legislative
session. Weight enforcement officers must obtain 80% or, better to maintain certification. DPS
will immediately suspend any officer who fails to re -certify and Allied Agency must prohibit
that officer -from conducting or assisting with any weight enforcement activities.
Allied Agency may discontinue agencycertification at any by notifying DPS in writing. If a
certified officer separates from an Allied Agency, Allied Agency must notify DPS within ten
days.
MCB Allied Agencies.TRC Ch. 621 EXHIBIT "A" Page 1 of
B. : Application of Statute
During the course of duty, an Allied Agency.weight enforcement officer must adhere to the
"reasonable suspicion" requirements in weighing a commercial motor vehicle as inferred
by Transportation Code § 621.402. There must be an articulable reason to detain a vehicle
prior to utilizing any type. of approved scale to determine actual weight. A fixed location
signaling all commercial traffic to enter a weight enforcement site is in direct conflict with
this mandate.
C. . Approved Scales
Allied Agency must purchase and utilize scales from the approved -Scale List found at the
following URL: http://www.dps.texas.gov/cve/Publications/a6provedScaleList.pdf.
The approved scales must be re -calibrated during each calendar year by a certified scale
technician or vendor. All individual .scale calibration records -must be retained for the
current year plus the two previous years and are subject to review during contested
judicial proceedings and random DPS audit.
D. Violation Report Requirements
In addition to typical driver and vehicle information and infractions, the following
information must be included on all weight enforcement violation reports:
1. US DOT Number / TX DMV Number;
2: State identification /registration identification of units and .company unit
numbers (license plate numbers for the power units and.towed vehicle);
3. Registered weights and .the Gross Vehicle Weight Ratings of each vehicle;
4. Axle configuration diagram with corresponding axle distance measurements .
and -the recorded actual weights measured of each axle, tandem axle andtri
axle; .
5. Overweight permit number;
6.. Load disposition; and
7. Gross weight and group weight.
E. Annual Reporting Requirements
Allied Agency must submit an annual report: of- its weight enforcement activities for
each calendar year to DPS. The report must be directed to the Motor Carrier Bureau in
Austin, Texas and must be received by January 31 of each year for the prior year's
enforcement activities. The annual. reporting requirements under this Section will
survive the termination date of this MOU.
Allied Agency must. comply with the reporting and fiscal= requirements mandated by this
MOU and TRC 621.506. Prior renewal, verification of fiscal standing with the Texas
Comptroller of Public Accounts will be conducted.
MCB Allied Agencies MOU Template Page 1 of 5
Y
IV. Termination of. Certification.
* **'UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1, 2021
To prevent a loss of authority to conduct weight enforcement inspections, please mail,
email, or FAX your renewal request to DPS no more, than 60 .but no -less than 30 days
prior to the expiration of this MOU. If the renewal has not been executed by the Allied
Agency before the MOU expiration date, certified officers must cease performing all
weight enforcement activities, until the renewal has been fully executed.
DPS may, issue a warning to Allied Agency if Allied Agency fails. to comply with
MOU requirements in such a way that DPS deems that the weight enforcement action
being taken is contrary to established training and statute. Failure to immediately correct
any.complianceissue or comply with the required remittance of assessed fines to the Texas
Comptroller's Office may result in the termination of the established MOU and the
decertification of Allied Agency.
MCB Allied Agencies MOU Template Page 2 of 5
I. PROGRAM -COORDINATORS
The parties' program coordinators are responsible for all communications and contacts required to manage, this
MDU. The parties must provide. any updates regarding contact information. within 30 calendar days. The current_
program coordinators for this MOU are:
Allied Agency:.
Program Coordinator
Address.
Voice Phone Number
Fax Number
E-mail Address
MCB Allied Agencies MOU Template Page 3_of 5
Department:_
DEPARTMENT OF PUBLIC SAFETY
Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Manager
Program Coordinator
MCB, P.O. Box 4087
Austin Texas 78773-0522
Address
(512) 424-2053 .
Voice -Phone Number
(512) 4245712
Fax Number
omar:villOrreal@dps.texos.gov
E-mall:Address
4
Evidence of Acceptance.
Signature of Authorized Official
Political Subdivision
Name_
J
MCB. Allied Agencies MOU. Template Page 4 of 5
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: July 30, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his
designee to execute all documents necessary, for a Memorandum of
Understanding between the Texas Department of Public Safety and
the City of Beaumont Police Department regarding federal motor
carrier enforcement and inspections.
BACKGROUND
Chapter 644 of the Texas Transportation Code empowers the Texas Department of Public Safety
to establish rules governing training and certification of police officers, which enable those
officers to enforce federal motor carrier standards. Traffic Unit officers of the Beaumont Police
Department maintain certification through Texas DPS to enforce these federal regulations.
Texas DPS requires completion of this Memorandum of Understanding (MOU), which delineates
standards, training, and reporting requirements that our officers and agency must follow.
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 the Texas Department of Public
Safety Department to establish rules governing training and certification of police
officers relating to, enforcement of federal motor carrier regulations of commercial motor
vehicles. Said Memorandum of Understanding is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
Between
DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS (DPS)
-and-
BEAUMONT POLICE DEPARTMENT (Allied Agency)
L. GENERAL AGREEMENT
A. Introduction and Statutory Authority
DPS and Allied Agency enter into this Memorandum of Understanding (MOU) in order to
maximize the effective utilization of commercial motor vehicle, driver, and cargo inspection
resources; to avoid duplication of effort, to expand the number of inspections performed; to
advance uniformity of inspections; and to minimize delays in schedules incurred by the industry
inherent to this type of enforcement activity.
1.' .Due to the need for a basic delineation of routine responsibilities for the federal, state,
county, and municipal agencies, it is agreed:
• DPS will inspect vehicles operating over public highways and at carrier terminal facilities.
• Allied Agencies must, as a routine practice, confine inspection activities.to vehicles
operating over. public highways and :city streets in their jurisdictions with the exception
of municipal police officers certified under Tex. Transp. Code§ 644.101. These certified
municipal police officers may conduct vehicle inspections at carrier terminal facilities.
2.. The Federal Motor Carrier Safety Administration (FMCSA) has imposed timeliness and
accuracy standards on DPS regarding interstate and intrastate motor carrier information.
DPS, in turn, has established timeliness and accuracy standards for Allied Agencies engaged
in the inspection of commercial motor vehicles (CMV).
3. Allied Agencies and their authorized inspection representatives (Program Coordinators)
must implement procedures in accordance with the minimum standards in this MOU.
4. In order to advance uniformity in the inspection of CMV and their operators, Allied Agencies
must adopt the Commercial Vehicle Safety Alliance's (CVSA) North American Standard
Roadside Inspection Procedures and the North American Standard Out -of -Service Criteria as
adopted by DPS under the following:
• Tex. Transp. Code Ch. 644, located at http://www.statutes.le�is.state.tx.us/;-
37 -Tex. Admin. Code Chapter 4, Subchapter B; 37 Tex. Admin. Code Chapter 16,
Subchapter A; . and 37 Tex. - Admin. Code Chapter 21 located 'at
http://www.sos.texas.gov/tac/index.shtml; and
• The most current version of the CMV Enforcement Guidance Documents provided by
DPS to the Allied Agencies:
CVSA Levels of Inspection
MCB Allied Agencies MOU Template Page 1.of 8
EXHIBIT "A"
o Level 1 North American Standard
o Level II Walk -a -round Inspection
o Level III Driver -Only Inspection
o Level IV Special Inspection
o . Level -V Vehicle -Only Inspection (Terminal)
The State of Texas has an inspection quality agreement with the FMC SA in. its Commercial
Vehicle Safety Plan. Inspections found to be non-compliant with this policy may be nullified by
the DPS Motor Carrier Bureau (MCB) from the carrier's safety profile and from the inspectors
certification record by:the authority of the Assistant: Division Director of the DPS Texas Highway
Patrol (THP) or that person's designee.
If amendments to 37 Tex. Admin. Code Chapter 4, Subchapter.B require amending this MOO,
DPS will do so within a reasonable period of time. The date of anyamendment under this
paragraph will not affect the renewal date described in Section IV, unless otherwise indicated
by DPS.
II. DPS RESPONSIBILITIES
DPS will:
A. Train,- retrain (as necessary or desirable), test, and certify Allied Agency inspectors as per the
agreement between DPS and the CVSA.
B. Approve. inspection forms for all. inspections conducted in conformance with this MOU.
C. - Approve vehicle and driver out -of -service stickers. .
D. Supply CVSA decals on a-cost-recoverybasis to Allied Agencies.
E. Supply software ne-cessary.for the data entry of all inspection information, on a cost recovery -
basis to Allied Agencies.
F. Supply Allied Agencies with inspection -data, upon request. -
G. Forward challenges of data in inspections or crash reports to Allied Agencies for their
inspections.
H. Conduct random in-person observation of inspections -conducted by.Allied Agency in order to
ensure Allied Agency's inspectors maintain practical proficiency in the program..
III: ALLIED AGENCY RESPONSIBILITIES
A. Certification Testing
Allied Agency must: 1
1. Enroll its commissioned, full=time officers who have not met the minimum certification
requirements for enforcement of Tex. Transp. Code Ch. 644 in training programs- required
by 37 Tex. Admin. Code § 4.13(b) prior to using these officers as inspectors. for commercial
vehicle enforcement. Allied Agency must reimburse DPS for costs associated with any
training provided by DPS under 37 Tex. Admin. Code § 4.13(b)(5).
MCB Allied Agencies MOU Template Page 2 of 8.
-2. Implement a program to ensure its; officers perform the required number of inspections
annually, as specified in 37 Tex. Admin. Code § 4.13(c), and successfully complete the
required annual certification training to.maintain certification. To further program goals and
achieve the highest quality in inspections, Allied Agency must ensure, its officers conduct,
more than the minimum number of inspections required annually to maintain certification
and that inspections are evenly distributed throughout the year to maintain enforcement -
continuity.
i
3. Immediately suspend from performing CVSA enforcement and inspections, any officer who
fails to maintain certification .or who fails to perform the required. number of inspections
following CVSA's North American Standard Uniform Inspection Procedures and the North
American Standard Out -of -Service Criteria guidelines.
4. Send a representative to the annual 'MCSAP meeting held by DPS to ensure familiarity with..
all updated policies and procedures.
B. Policies and Guidelines
Allied Agency must:
1.. -Conduct inspections only by using CVSA-certified officers.
2.Only conduct inspections on -duty. No inspections may be performed, at any time for the
specific purpose of benefitting a carrier's safety profile whether on-site or off-site (such as a
roadside or at an .inspection facility). Compensation for inspections of any kind by other
entities (including carriers and carrier employees) is prohibited.
3. Not use inspection as a pretext to search commercial vehicles.
4. Ensure traffic stops performed on a commercial vehicle are .made by either a CVSA certified
inspector or by a peace officer using probable cause or reasonable suspicion guidelines. 'An
absence of these requisites will because for inspection report invalidation and -a program
-participation review. .
5. Use the most current forms approved : by DPS .during the inspection process. Forms. and
software may not be altered without the prior, written approval of DPS.
6. .Ensure that CVSA-certified inspectors have adequate tools and resources to conduct queries
into motor carrier registration and . operating authority while. conducting roadside
inspections.
7. , Perform Level I, IV, and V inspections requiring undercarriage inspection and brake
measurements utilizing an inspection pit or with a referring officer for safety.
8. Perform only Level V _terminal inspections on motor coaches for certification purposes -
except for unusual circumstances (such, as post -crash investigations) All other inspections
must be conducted roadside. Level I; II, IV and V motor coach inspections_. must only,'be .
performed by Passenger. Vehicle Inspection certified inspectors.
9. Forward inspection data electronically to DPS within ten calendar days following the date of
inspection for processing -and final compliance using the most recent version of reporting
software.
MO Allied Agencies MOU Template Page 3 of 8
10. Forward crash reports involving commercial motor vehicles to Texas Department of
Transportation (TxDOT) no later than ten calendar days after the date of the crash
investigation.
11: Allow DPS to conduct random in-person observation of inspections conducted by Allied
Agency in order to ensure that.Allied Agency's inspectors maintain practical proficiency.in
the program.
12. Not .use its certification to enforce federal safety regulations as a. primary method to
generate program revenue through enforcement penalties, or to enhance criminal
interdiction activities..
13. Not allow officers certified to enforce federal safety regulations to participate in secondary
employment activities -that present a conflict of interest related to their commercial vehicle
enforcement duties. This prohibition includes Allied Agency officers trained by DPS that are
no longer assigned to commercial vehicle enforcement units but remain employed by the
Allied Agency.
14. Require all defects disclosed during the inspection process to be corrected.
15. Adopt the Recommended Out -of -Service Criteria and other defect repair verification
procedures as developed by CVSA.
16. Honor CVSA inspection decals affixed to those_ vehicles by all authorized agencies. CVSA
decals will be affixed to vehicles which pass the Level I or V CVSA inspection with no
disqualifying violations under the North -American Standard Roadside Inspection Procedures
and the North American Standard 06t -of -Service Criteria.
17. Maintain the official copy of all reports of inspections conducted by its CVSA certified
inspectors for the current calendar year, plus two additional years. The official copy may be
in. paper or retrievable electronic form, and it must bear the signature of the commercial
motor vehicles driver involved in the inspection. -A copy must be .provided to -DPS upon
DPS's request.
18. Conduct mock -inspections. and safety ;presentations as requested by the .carrier and as
approved by supervisors. -Allied Agency may.conduct safety presentations that include_ a
mock (walk -around) inspection,. but no documented.inspection may be performed as part of
a walk -around or safety presentation:
19. Note circumstances in. the inspection 'report when more than two citations are issued
during an inspection. An 'important aspect of the MCSAP is consistency in..the inspection
process and uniform enforcement. While it is recognized that uniform enforcement may
include the issuance of a citation by the inspecting officer, it is also recognized that there
may be exceptional occasions when the issuance of multiple. citations may be warranted.'
20. Document all violations (citations and warnings) discovered on the inspection report'. as.
violations, including violations of local ordinances. All CMV contacts must be recorded on
the inspection report.
21. Investigate and determine whether a correction to data needs to be' made when data in an
inspection or crash report is challenged. Allied- Agency must notify the motor carrier -and=
DPS in writing of the -results of the investigation, with in ten calendar days. If a correction is
necessary, the Allied Agency must make the:correction and=forward the corrected reports
-NICB Allied Agencies MOU Template . Page 4 of 8
to DPS immediately. Retaliatory, actions against motor carriers who file data challenges;are
strictly prohibited
22. Must notify DPS in writing ten calendar days any time an officer's certification status
changes .(is certified, suspended, or decertified for different types of inspections, or
-transfers out of the CVSA inspection program). A cumulative list of officers whose status has
changed must be sent to DPS by January 31 of each year.
23. Must comply with the annual fiscal requirements mandated by.TRC 644.102 in reporting the
total amount of fines collected, actual enforcement program expenses and the. remittance
of mandated funds to the Texas Comptroller of Public Accounts.
IV. TERMINATION OF CERTIFICATION
*** UNLESS RENEWED, THIS MOU WILL EXPIRE ON AUGUST 1 2021.***
A. Renewal of this MOU
To prevent a loss of authority to conduct CVSA inspections, please mail or FAX your renewal
request to the Department no more than 60 nor less than 30 days prior. to the expiration of
this MOU. If the renewal has not been , executed by the Allied .Agency before the MOU .
expiration date, certified officers must cease performing all CVSA inspections, until the
renewal has been fully executed.
B. Decertification
1. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to demonstrate practical proficiency in the program during random in-
person observations by DPS, or by audits of inspections submitted.
2.. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for using the certification as a primary method of generating program revenue or
enhancing criminal interdiction activities.
3. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, if officers to engage in secondary employment activities that present a conflict of
interest with their commercial vehicle enforcement duties.
4. DPS may decertify Allied Agency, or individual officers conducting inspections for Allied
Agency, for failure to comply with the provisions of the MOU, training, officer. certification,
or data -sharing requirements, including;the.requirement that Allied Agency reimburse DPS
for training expenses and the requirement that Allied Agency forward information and .
respond to requests in a timely manner, or any other provisions of 37 Tex. Admin..Code'§§
4.13 and- 4.14.. Reimbursement can be, made by check or money order, payable to the
Department of Public'Safety.of the State of Texas.
nual fiscal requirements rvrandated by Tex. Trans• . CQde§ 644.162. Allied A -nc u•st rap rl ._
re � ort fines collected actual expenses, and the amou t of rernitta:nce en to State of Tex
•omptralle of Public Acecunts,
MCB Allied Agencies MOU Template Page 5 of 8
C. Termination of Certification
1. Termination of certification, whether by decertification, request of Allied Agency, or by.
failure to renew, will result in the inability of Allied Agency, to retain expenses for any
enforcement .actions taken after the effective date of the termination of .certification. All.
reporting requirements, including the list of officers suspended and no longer certified
which is normally due by January 31 of each year, inspection data reports, and.crash reports
must be provided to DPS immediately upon discontinuation in the certification program.'
2. Allied Agency may discontinue certification at any time by notifying DPS Program
Coordinator in writing.
3. The CVSA and Federal.Motor Carrier Safety Administration require officers to complete a
minimum number of inspections annually in order for. officers to renew their certifications.
The .purpose 'of this. requirement is. to ensure officers achieve and maintain practical
proficiency in inspecting commercial motor vehicles. Therefore, DPS will decertify Allied
Agency, or individual officers conducting inspections for Allied Agency, for failure to report
any inspections to DPS within a six month period or for failure to evenly space the required
number of inspections throughout the year.
4. Any Termination of Certification terminates Allied Agency's authority to enforce -federal
safety regulations -under Texas Transp. Code -Ch. 644, and Allied Agency's eligibility for
reimbursement of expenses from penalties assessed. DPS -will notify the. program
coordinator for. Allied Agency and the Comptroller. of Public Accounts in ,writing of any
Termination of Certification.
5. DPS may issue a warning to Allied Agency if Allied Agency fails to conduct any inspections
within a three month period. DPS may also issue.a warning if Allied Agency fails to comply
with MOU requirements in such a way that DPS deems the quality or timeliness of
inspection data could becompromised, or certified officers would fail to maintain practical
proficiency in the program. Failure to correct the compliance issues within three months, or
such other period as DPS may specify, can result in termination of the MOU'and .
decertification of Allied Agency.
V. PROGRAM COORDINATORS
The parties' 'program coordinators are responsible for all communications and contacts required to manage this
MOU. The parties must provide any updates regarding, contact information within 30 calendar days. The current -
program coordinators for this MOU are:
Mcb Allied Agencies MOU Template Page 6 of 8
Program Coordinator
Address
Voice Phone Number
Fax Number
E-mail Address
MCB Allied Agencies MOU Template . Page 7 of 8.
Department:
DEPARTMENT OF PUBLIC SAFETY
Texas Highway Patrol
Motor Carrier Bureau
Captain Omar Villarreal
Manager
Program Coordinator
MCB, P.O. Box 4087
Austin Texas 78773-0522
(512)424-2053
Voice Phone Number
(512) 424-5712
Fax -Number
omar.villarreal@dPs.texas.aov .
E-mail Address
-Evidence of Acceptance:
Signature of Authorized Official
Political Subdivision
Name
Title
Date
MCB Allied Agencies MOU Template Page 8 of 8
a
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS, JULY 30, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 2 and 3/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider a request for a Specific Use Permit to allow a Tequila Bar in a GC -MD
(General Commercial -Multiple Family Dwelling) District located at 4210 Calder
Avenue
2. Consider a resolution approving multiple contracts for the purchase of inventory
materials to be used by the Water Department
3. Consider a resolution authorizing the City Manager to return the balance of EDA
funds in the City's Small Business Revolving Loan Fund Program to the U.S.
Economic Development Administration
PUBLIC HEARING
Receive comments regarding the City of Beaumont submitting a grant application
and executing a contract with the Federal Transit Administration (FTA) to receive
Operating Assistance funds for the Beaumont Municipal Transit System
4. Consider a resolution authorizing the City Manager to submit a grant application
And execute a contract with the Federal Transit Administration (FTA) to receive
Operating Assistance funds for the Beaumont Municipal Transit System
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
Councilmembers/City Manager comment on various matters
EXECUTIVE SESSIONS
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887
Claim of ExxonMobil Oil Corporation v. City of Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
1
July 30, 2019
Consider a request for a Specific Use Permit to allow a Tequila Bar in a GC -MD (General
Commercial -Multiple Family Dwelling) District located at 4210 Calder Avenue
BEAUMONT
TO: I City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 30, 2019
REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a Tequila Bar
in a GC -MD (General Commercial -Multiple Family Dwelling)
District located at 4210 Calder Avenue.
BACKGROUND
Ashley Hernandez has requested a Specific Use Permit to allow a new, "high-end" Tequila Bar
at 4210 Calder Avenue. Mrs. Hernandez, along with her husband and grandfather, plan to teach
the art of selection and enjoyment of premium and collector tequila in a small neighborhood
establishment. Seating will accommodate up to thirty-six (36) customers. Hours of operation will
be Tuesday through Thursday from 4 p.m. until midnight and Friday and Saturday, from 4 p.m.
until 2 a.m. The bar will be closed on Sundays and Mondays. Mrs. Hernandez anticipates having
nine (9) employees for the busiest shift.
At a Joint Public Hearing held on June 17, 2019, the Planning Commission recommended
7:1 to approve the request for a Specific Use Permit to allow a Tequila Bar in a
GC -MD (General Commercial -Multiple Family Dwelling) District with the following
condition:
1. Construction plans must meet all requirements by Water Utilities for water and sewer
services, including requirements of the City's pre-treatment program.
FUNDING SOURCE
Not applicable.
RECOMMENDATIONS
Approval of the ordinance with the following condition:
1. Construction plans must meet all requirements by Water Utilities for water and sewer
services, including requirements of the City's pre-treatment program.
SPECIFIC USE PERMIT APPLICATION
„ BEAUMONT, TEXAS
(Chapter 30, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAM& Ng i1C dea
APPLICANT'S ADDRESS:
APPLICANT'S PHONE #: i C
FAX #:
NAME OF OWNER:.
ADDRESS OF OWNER;
LOCATION OF PROPERTY: �1 I Q a tPe • A
LEGAL DESCRIPTION OF -PROPERTY:
LOT N0. OR TRACT
BLOCK N0.
ADDITION
PLA
SURVEY
NUMBER OF ACRES NUMBER OF ACRES
For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties
proposed for a specific use permit, and a complete legal field note description.
PROPOSED USE: I PDI �`i� I� ZONE:�L�
ATTACH A LETTER describing all processes and activities involved with the proposed uses.
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8 V2" X 11" PHOTOCOPY OF THE SITE PLAN.
THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use
permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. �►
ATTACH THE APPROPRIATE APPLICATION FEE:
LESSTHAN I/2 ACRE.................................................................$250.00
Yz ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking
areas depicted on the site plan shall be adhered to as amended and approved by City Coun®®ciil,
SIGNATURE OF APPLICANT: ''
DATE:
SIGNATURE OF OWNER: J 1 n P (IF NOT APPLICANT)
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
(� BEAUMONT, TX 77701
FILE NUMBER -_Z;1
1'
DATE RECEIVED: " C\ Phone - (409) 880-3764
Fax - (409) 880-3133
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF
PROPOSED USES AND ACTIVITIES.
Ashley Hernandez — Applicant
710 W Evangeline Drive
Beaumont, Texas 77706
Percy Pitzer - Owner
710 W Evangeline Drive
Beaumont, Texas 77706
Mr. Chris Boon
Director
Planning & Zoning Department
City of Beaumont
Beaumont, Texas 77701
Dear Sir,
My name is Ashley Hernandez, and with my husband and my grandfather, we intend to
establish a new high-end tequila bar named 'The Lacuna Tequila Bar' featuring exclusive,
traditional tequila for the.consumers. We are asking for a specific use permit for our new
venture. We will provide an exceptional atmosphere to enjoy premium and collectors tequila.
Our menu will give our patrons a selection of small delish appetizers as they enjoy high-end
tequila for their pleasure. Our goal is to not just provide a small neighborhood establishment,
but an enjoyable and compelling experience.
Our study shows, that there are no such establishments to teach the art of selection as well -as
enjoyment of premium and collectors tequila between Houston, TX and New Orleans, LA.
1. Our tequila bar will seat 36 people and will be compatible with and not injurious to the
use and enjoyment other property. We will bring value to the vicinity and not diminish
or impair property value within the immediate vicinity.
2. Our tequila bar will not impede the normal and orderly development. Our goal is to help
improve the surrounding vacant property.
3. We will have adequate utilities, access road, drainage and other necessary supporting
i
facilities.
4. The property's design, location and arrangement of all driveways and parking spaces
provide a safe and convenient movement of vehicular and pedestrian traffic, without
adversely affecting the general public or adjacent development.
i
S. Adequate nuisance prevention measures have and will be taken to prevent offensive
odor, fumes, dust, noise, and vibration.
6. The exterior and interior lighting will be provided and will not disturb or adversely affect
neighboring properties.
7. There will be sufficient landscaping and screening to ensure harmony and compatibility
with the adjacent property and other establishments.
B. Our tequila bar will be in accordance with the Comprehensive Plan and enjoin with the
City of Beaumont requirements.
Thank you for your consideration. I look forward to your approval of this request.
Ashley Hernandez
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A TEQUILA BAR IN A GC -MD
(GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT
4210 CALDER AVENUE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Ashley Hernandez has applied for a specific use permit to allow a .
tequila bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for
property located at 4210 Calder Avenue, being Lots 1 & 2 and Tract 1 of Lot 8, Block 1,
Calder Highlands, Beaumont, Jefferson County, Texas, containing 0.234 acres, more or
less, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the .City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a tequila bar in a GC -MD (General (;ommercial-Multiple Family Dwelling) District for
property located at 4210 Calder Avenue, subject to the following condition:
; and,
• Construction plans must meet all requirements by Water Utilities .for water
and sewer services, including -requirements of the City's pre-treatment
program
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a tequila bar is in the best interest of the City of Beaumont and its
citizens;
NOW, THEREFORE, BE IT ORDAINED
i
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a tequila bar in a GC -MD (General
Commercial -Multiple Family) District for property located at 4210 Calder Avenue, being
Lots 1 & 2 and Tract 1 of Lot 8, Block 1, Calder Highlands, Beaumont, Jefferson
County, Texas, containing 0.234 acres, more or less, as shown on Exhibit "A is hereby
granted to Ashley Hernandez, her legal representatives, successors and assigns, as
shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject
to the following condition:
• Construction plans must meet all requirements by Water Utilities for water
and sewer services, including requirements of the. City's pre-treatment
program.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use . of the property herein
above described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended,
as well as comply with any and all federal, state and local statutes, regulations or
ordinances which may apply.
The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -
390-P: Request for a Specific Use Permit to allow a tequila bar in a GC -MD (General N
Commercial -Multiple Family Dwelling) District.
Applicant: Ashley Hernandez
Location: 4210 Calder, Suite A
0 100 200
1 1 1 1 Feet
EXHIBIT "A"
CLC WEST LUCAS
---m
PAt41G (BC peWj
SITE PLAN
SCALE: 1/16" — V—C'
ME
2
July 30, 2019
Consider a resolution approving multiple contracts for the purchase of inventory materials to be
used by the Water Department
BEAUMONT
TEXAS
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
I: x1►5l &1 111KlI
City Council
Kyle Hayes, City Manager
Todd Simoneaux, Chief Financial Officer
July 30, 2019
Council consider a resolution approving multiple contracts for the
purchase of inventory materials to be used in the Water Department.
The City maintains an annual contract for couplings, pipe fittings, valves, fire hydrants and other
related materials for use by the Water Department. The materials are used in the repair and
maintenance of existing water and sewer lines and installation of new service lines in order to
maintain adequate water and sewer service throughout the City.
Specifications required bidders to submit pricing for 178 line items, separated into fifteen (15)
specific sections. Bids were evaluated upon the lowest total price per section on an all or none .
basis which provides the best value to the City. Only bidders providing pricing for every item
within each section were considered. Pricing is to remain firm for the term of the contract.
The low bid for Section 5 was submitted by Rural Pipe and Supply of Jasper, Texas, at $21,194.65.
The bid received from Coburn's of Beaumont for that section was $22,046.50 which falls within
5% of the low bid. Coburn's has submitted proper forms requesting Local Vendor Preference
which meets the requirements of Local Government Code 271.9051 for consideration. It is
recommended that Section 5 be awarded to Coburn's under the Local Vendor Preference.
Bids were requested from seven vendors and five responses were received. The Administration
recommends awarding one year contracts to the following vendors in the amounts indicated for
estimated usage: Core & Main LP for Sections 1,2,6,13, and 15 for an estimated cost of
$725,333.55; Coburn's for Sections 3,4,5,7,8,9, and 10 for an estimated cost of $300,820.50; and
Rural Pipe & Supply for Sections 11,12, and 14 for an estimated cost of $342,046.90.
FUNDING SOURCE
Water Utilities Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for the purchase of
couplings, pipe fittings, valves, fire hydrants and other related material for use by the
Water Department; and,
WHEREAS, Core & Main, LP, of Beaumont, Texas, submitted a bid for an
estimated amount of $725,333.55 for Sections 1, 2, 6, 13, and 15 as shown in Exhibit
"A," attached hereto; and,
WHEREAS, Coburn's, of Beaumont, Texas, submitted a bid for an estimated
amount of $300,820.50 for Sections 3, 4, 5, 7, 8, 9, and 10 as shown in Exhibit "A,"
attached hereto; and,
WHEREAS, Rural Pipe & Supply, of Jasper, Texas, submitted a bid for an
estimated amount of $342,046.90 for Sections 11, 12, and 14 as shown in Exhibit 'A,"
attached hereto; and,
WHEREAS, City Council is of the opinion that the bids submitted by Core &
Main, LP, of Beaumont, Texas; Coburn's, of Beaumont, Texas; and, Rural Pipe &
Supple, of Jasper, Texas are the lowest responsible bidders providing the best value to
the City and should be accepted;
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 bids submitted by Core & Main, LP, of Beaumont, Texas, for an
estimated amount of $725,333.55 for Sections 1, 2, 6, 13, and 15; Coburn's, of
Beaumont, Texas, for an estimated amount of $300,820.50 for Sections 3, 4, 5, 7, 8, 9,
and 10; and, Rural Pipe & Supply, of I Jasper, Texas, for an estimated amount of
$342,046.90 for Sections 11, 12, and 14 as shown in Exhibit "A" be accepted by the City
of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Core & Main, LP, of Beaumont, Texas; Coburn's,
of Beaumont, Texas; and, Rural Pipe & Supply, of Jasper, Texas, for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -
BEAUMONT CITY OF BEAUMONT, BEAUMONT, TEXAS
PURCHASING DIVISION BID TABULATION
TEXAS
Bid Name: ANNUAL CONTRACT FOR WATER DEPT. INVENTORY MATERIALS
Bid Number: TF0519-34
Bid Opening: Thursday, June 6, 2019
Contact Person: Terry Welch, Senior Buyer
terry.welch(d). beaumonttexas.gov
Phone: 409-880-3107
Section 5 awarded to Coburn's per Local Vendor Preference Policy -Within 5% of Rural Pipe & Supply
* Core & Main did not complete Local Vendor Preference forms.
EXHIBIT "A"
3
July 30, 2019
Consider a resolution authorizing the City Manager to return the balance of EDA funds in the
City's Small Business Revolving Loan Fund Program to the U.S. Economic Development
Administration
BEAUMONT'..
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 30, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
return the balance of EDA funds in the City's Small Business
Revolving Loan Fund Program to the U.S. Economic Development
Administration (EDA).
BACKGROUND
In 1987, the City of Beaumont received a $500,000 grant from the U.S. Economic Development
Administration (EDA) to establish a Revolving Loan Fund Program (RLF). This EDA grant was matched
with Community Development Block Grant (CDBG) funds initially in the amount of $250,000, with an
additional $125,000 contributed in 1988 and 1989.. Over the years, numerous loans have been made
through this program and the current balance is approximately $247,886 in EDA funds and
$460,504 in CDBG funds. However, there has been decreasing interest in the program. Most
applicants now seek loans through the Lamar Small Business Development.Center (Lamar SBDC)
and the Southeast Texas Economic Development Foundation (SETEDF).
Due to the decrease in the number of applications and loans awarded through this program, EDA
is seeking to recover these funds. In addition, recent. changes in rules controlling the CDBG
portion of the program resulted in the City being responsible for the repayment of underperforming
loans. As a result, this portion of the program has already been suspended. It should be noted
that attempts were made to reallocate the EDA funds to the Lamar SBDC or the SETEDF, but this
was not possible due to CDBG requirements. Approval of this resolution would allow the return
of the EDA portion of the funds back to the EDA and the reallocation of the CDBG portion to
other activities in our CDBG program to be approved by the City Council at a future date.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
WHEREAS, in 1987, the City of Beaumont received a $500,000.00 grant from
the United States Economic Development Administration (EDA) to establish a Revolving
Loan Fund (RLF) Program; and,
WHEREAS, the EAD grant was matched with Community Development Block
Grant (CDBG) funds initially in the 'amount of $25,000.00, with an additional
$125,000.00 contributed in 1988 and 1989; and,
WHEREAS, numerous loans have been made through this program and the
current balance is approximately $247,866.00 in EDA funds and $460,504.00 in CDBG
funds; and,
WHEREAS, interest in the. program has decreased and most applicants now
seek loans through the Lamar Small Business Development Center (Lamar SBDC) and
the Southeast Texas Economic Development Foundation (SETEDF); and,
WHEREAS, due to the decrease in the number of applications and loans
awarded through the RLF Program, EDA is seeking to recover these funds; and,
WHEREAS, recent changes in rules controlling the CDBG portion of, the program
has resulted in the City being responsible for the repayment of underperforming loans,
therefore, this portion of the program has been suspended; and,
WHEREAS, City Council is of the opinion that it is in the best interest of the
citizens of the City of Beaumont to remit -the balance $247,886.00 in EDA funds in the
i
I
City's Small Business Revolving Loan Fund (RLF) Program to the United States
Economic Development Administration (EDA) and to reallocate the CDBG portion to
other activities in the City's CDBG to be approved by the City Council at a future date;
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 remit the balance of
the United States Economic Development Administration (EDA) funds in the amount of
$247,886.00 in the City's Small Business Revolving Loan Fund (RLF) Program to the
United States Economic Development Administration (EDA).
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -
I
PUBLIC HEARING
* Receive comments regarding the City of
Beaumont submitting a grant application
and executing a contract with the Federal
Transit Administration (FTA) to receive
Operating Assistance funds for the
Beaumont Municipal Transit System
WE
July 30, 2019
Consider a resolution authorizing the City Manager to submit a grant application and execute a
contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for
the Beaumont Municipal Transit System
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: July 30, 2019
REQUESTED ACTION: Council conduct a public hearing and consider a resolution.
authorizing the City Manager to submit a grant application and
execute a contract with the Federal Transit Administration (FTA)
to receive Operating Assistance funds for the Beaumont Municipal
Transit System.
BACKGROUND
Beaumont Municipal Transit has prepared a grant application for FY 2019 FTA funds. The grant
will help fund the labor, fringe benefits, parts and supplies, utilities, insurance, and all other
miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal
Transit (BMT) System in FY 2019, the period from October 1, 2018 through September 30, 2019.
The City of Beaumont anticipates receiving approximately $2,168,922 from the FTA based on a
formula utilized by the Federal Government.
RECOMMENDATION
Approval of the resolution.
PUBLIC NOTICE
The City of Beaumont/Beaumont Municipal Transit .(BMT) is considering applying
for a grant from the Federal Transit Administration (FTA) for expenses incurred in
FY2019.
The grant will be for operating assistance (5307 funding) for the Beaumont
Municipal Transit System for up to one-half of the net operating deficit for FY
2019, the period between October 1, 2018 through September 30, 2019.
Operating assistance will cover all expenses related to the operation and
maintenance of the transit system to include labor, fringe benefits, fuel, tires, bus
parts, lubricants, other materials and supplies, insurance, utilities, purchased
services, taxes and licenses, and any other miscellaneous expenses. A breakdown
of the operating assistance project follows:
Line Item Federal State Local Total
Operating $2,168,922 $510,704 $1,658,218 $4,337,844
Assistance
A Public Hearing will be. held on Tuesday; July 30, 2019 at 1:30 pm at the City
Council Chambers at City Hall, 801 Main Street, Beaumont, Texas, 77704.
Disregard the previous Public Hearing scheduled for July 16, 2019. It was
cancelled.
The Public Hearing will offer an opportunity for interested persons, agencies, and i
private transportation providers to comment on the proposal. The hearing will
also afford the opportunity for interested persons to be heard on the social,
economic, and environmental aspects .'of the proposal.
Prior to the hearing, additional information may be requested and/or written
comments may be submitted to:
William J. Munson
General Manager
Beaumont Municipal Transit
550 Milam Street
Beaumont, Texas 77701
(409)835-7895
In addition, the proposed grant application data may be viewed prior to the Public
Hearing by the public at the Beaumont Municipal Transit Office at 550 Milam
Street, Beaumont, Texas, 77701, during normal business hours of 8:00 am until
4:30 pm on weekdays.
The above proposed Program of Projects will become final unless amended by the
City Council. The final approved grant application data for this grant will be
available for public review at the Beaumont Municipal Transit Office at 550 Milam
Street, Beaumont, Texas, 77701, or a copy can be requested by calling (409)835-
7895.
This public notice of public participation activities and time established for public
review of and comments on the TIP will satisfy the POP requirements of the City's
5307 Program, as required by FTA Circular 9030.1E, Ch. V, Sec. 6(d).
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 submit a grant application
and execute a contract with the Federal Transit Administration (FTA) to receive an
Operating Assistance Grant in the amount of $2,168,922.00 for the Beaumont Municipal
Transit System.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of
July, 2019.
- Mayor Becky Ames -