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MIN AUG 20 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III AUGUST 20, 2019 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 20, 2019, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentation and Recognition Public Comment: Persons may speak on scheduled agenda items 1 & 2/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary Baptist Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Councilmembers Nield, Getz, Feldschau, Samuel and Mouton. Absent: Mayor Pro Tem Pate. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1 & 2/Consent Agenda None CONSENT AGENDA Approval of minutes - August 13, 2019 * Confirmation of committee appointments - None A) Authorize the City Manager or his designee to apply for and receive grant funds to purchase Water Response Dry Suits for use in the Fire Department — Resolution 19-173 Minutes — August 20, 2019 Councilmember Mouton moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance amending the FY 2019 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $700,000 ($490,000 from the General Fund, $140,000 from the Water Utilities Fund and $70,000 from the Solid Waste Fund) is being proposed this fiscal year to strengthen the fund balance for FY 2020. Also, the General Liability Fund is projected to exceed budgeted expenditures by over $40,000 due to litigation expenses. A budget amendment in the amount of $150,000 is being proposed to coverthe overage and to appropriate an extra contingency for any other continued litigation expenses or claims settled before the fiscal year end. General Liability Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,000 $700,000 $705,000 Total Expenditures 1$939,200 $150,000 $1,089,200 2. The Capital Reserve Fund charges user fees to the departments that purchase fleet vehicles but relies on transfers from other funds to purchase equipment and building improvements through this fund. A transfer of $1,000,000 from the General Fund is being proposed this fiscal year to strengthen the fund balance for FY 2020. Minutes —August 20, 2019 Capital Reserve Fund Prior Amended Budget Proposed Amendment Final Amended Budget Total Revenues $6,372,988 $1,000,000 $7,372,988 3. The Fleet Fund is projected to exceed budgeted expenditures by over $500,000 due to higher vehicle maintenance/repair costs than anticipated. A budget amendment in the amount of $600,000 is being proposed to cover the overage and to appropriate a contingency for any other unforeseen maintenance/repair costs that may occur. Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,667,100 $600,000 $9,267,100 4. The Henry Homberg Golf Course Fund is expected to fall short of budgeted revenues by over $150,000 in FY 2019 due to a wet spring and summer season, resulting in less play than anticipated. In addition, the budget for FY 2020 anticipates expenditures in excess of revenues. For these two reasons, a transfer of $400,000 is being proposed this fiscal year to strengthen the fund balance for FY 2019 and 2020. This transfer will come from the General Fund. Henry Homberg Golf Course Fund Original Budget Proposed Amendment Amended Budget Total Revenues $515,500 $400,000 $915,500 5. The Solid Waste Fund is projected to exceed budgeted expenditures by over $800,000 due to heavy equipment repairs in the landfill operations division and the additional transfer of funds to the General Liability Fund mentioned earlier. A budget amendment in the amount $900,000 is being proposed to cover the overage, the transfer to the General Liability Fund mentioned in item 1 and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $12,154,500 $900,000 $13,054,500 6. The Confiscated Goods Fund is projected to exceed budgeted expenditures by over $235,000. In FY 2019, the City ,received $185,000 from the ATF to purchase a ballistic identification system which was approved by Council in March but was not in the original budget. A budget amendment in the amount of $275,000 is being proposed to cover the overage and to appropriate a contingency for any other Minutes — August 20, 2019 unforeseen costs that may occur. Confiscated Goods Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $203,720 $275,000 $478,720 F_ I I T 7. The Tyrrell Historical Trust Fund is projected to exceed budgeted expenditures by over $12,000. In FY 2019, the City received funds from the Tyrrell Historical Trust to purchase a Book -eye Scanner which was not included in the original budget. A budget amendment in the amount of $20,000 is being proposed to cover the overage and to appropriate a contingency for any other unforeseen expenditures that may occur. Tyrrell Historical Trust Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $35,454 $20,000 $55,454 F_ I I . I 8. The Water Utilities Fund is projected to exceed budgeted expenditures by over $230,000 due to higher repair and maintenance costs than anticipated and the additional transfer of funds to the General Liability Fund mentioned earlier. A budget amendment in the amount of $350,000 is being proposed to cover the overage, the transfer to the General Liability Fund mentioned in item 1 and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Water Utilities Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $51,278,000 $350,000 $51,628,000 F_ I 9. The General Fund has a proposed amendment in the amount of $1,890,000 to appropriate funds that will be transferred to the Henry Homberg Golf Course ($400,000), General Liability Fund ($490,000) and the Capital Reserve Fund ($1,000,000) as mentioned in items 1, 2 and 4. General Fund Prior Amended Budget Proposed Amendment Final Amended Budget Total Expenditures $128,630,700 $1,890,000 $130,520,700 F_ I Approval of the ordinance. Minutes —August 20, 2019 Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2019 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY CAPITAL RESERVE, AND HENRY HOMEBERG GOLF COURSE FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE GENERAL LIABILITY, FLEET, SOLID WASTE, CONFISCATED GOODS, TYRRELL HISTORICAL TRUST, WATER UTILITIES AND GENERAL FUNDS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-048 2. Consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Allco, LLC, for the Sewer Plant Pump Replacement and Renewal Project. On March 19, 2019, by Resolution 19-063, City Council awarded a contract to Allco, LLC, of Beaumont, for the Sewer Plant Pump Replacement and Renewal Project in the amount of $974,960.00. Proposed Change Order No. 1, in the amount of $138,000.00 will include the replacement of one additional high flow pump and one motor due to the condition of the existing unit. The sewer plant has five high flow pumps that are critical to the operations of the plant. An additional thirty days is being requested for the installation. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $138,000.00 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $1,112,960.00 FOR THE SEWER PLANT PUMP REPLACEMENT AND RENEWAL PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-174 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes — August 20, 2019 COMMENTS Public Comments (Persons are limited to three minutes) Arthur Doiron 5595 Gail Dr. Beaumont TX Spoke to Council regarding the homelessness and pan handling, noticed that they are increasing, wanted to know what Council will be doing to combat the homeless situation Gabe Vaughan 305 Summerwood Beaumont TX Made comments regarding his brother Kenny Vaughan, gave some background about who Mr. Vaughan is as well as his accomplishments with Shields of Strength, asked that Council give his brother the benefit of the doubt, his motives are of love and love alone David Pete 6355 Chinn Ln. Beaumont TX Spoke in regards to the L.L. Melton, stated that he has done research so that he can get a better understanding as to why there has been a delay of action regarding the Melton, wants to get an understanding as to why everything else that goes in this City when it pertains to a lease on a building etc., Council seems to move on it fairly quick, the agreement on the lease for the Melton states that Dr. Farrell would open the facility for community use and that has not happened, has stated before and will state again, Dr. Farrell needs to be brought before Council to answer the question as to why she isn't allowing citizens in the Pear Orchad area to enter the building which is a public building, it isn't being utilized for the purpose she agreed in the July 9, 2013 proposal, also mentioned that there isn't one sidewalk on East Lucas from Magnolia to the train track, it's unfair, that Council try and do something about it Gladys Briggs Gamblin 4160 Pradice St. Beaumont TX Spoke to Council regarding property 685 and 1212 Royal St., that was owned by her son who is deceased, the property at 685 Royal has already been demolished, concerned about the property at 1212 Royal St., both properties are now in probate, in a few weeks her attorney will have the properties scheduled to be heard in the probate court so that she can get the properties transferred into her name, at this time she is requesting additional time until she gets through the probate, stated that the 1212 Royal St. property is on the demolition list at this time Jeremy Pavlich 695 Chamberlin Dr. Beaumont TX Thanked Council for the great job they are doing, wanted to give them an update regarding the plumbing license in the State of Texas and the legislative session, thanked the City staff for going to Austin, stated that Gov. Abbott stepped in. and gave them an emergency declaration and extended their plumbing board for an additional two years, everyone is working very hard to protect the plumbing in the State of Texas, announced a rally for SETX at the Raymond Gold Community Center in Vidor, TX, on Thursday, August 22, 2019, at 6:00 p.m. Minutes — August 20, 2019 Simona Mason 3985 Sarah St. #1514 Beaumont TX Made comments regarding Kenny Vaughan and Shields of Strength, stated that she received a phone call from one of the Councilmembers who insulted Mr. Vaughan, the Councilmember stated that she looked up some things on Mr. Vaughan and that Council was upset with him, whatever Council discusses is their business, doesn't want to hear about it and doesn't want to receive any calls from any Councilmembers Kenny Vaughan 1555 S. Major Dr. Beaumont TX Stated that he didn't ask either person that spoke on his behalf to do so, lastweek Mr. Hayes suggested that he misrepresented what he paid for his concrete, stated that he poured 13,065 square feet of concrete porch, the going rate for concrete is $5.50 to $6.50 a square .foot, the subcontractor rate is $7,500 to $8,800, provided his receipts for what he spent on the concrete, he spent $4,700.00 on concrete, $1,200.00 on related materials and $2,500.00 on labor, which totals up to $8,400.00, Mr. Hayes suggested that he made out a permit for $18,000.00 got caught doing something and changed it to $150,000.00, explained that the $18,000.00 estimate was just for the reconstruction of the rafters on the property, the $150,000.00 estimate was for the reconstruction for the entire structure, also mentioned an issue with a.podcast that was removed from the City's web site two days after he won the Board of Appeals meeting, thanked the Mayor and Mr. Hayes for admitting that the City made a mistake, is asking that the City reimburse him the $40,000.00 he had to spend to prove that he was right Landry Roundtree 1565 S. Major Dr. Beaumont TX Congratulated his daughter Abigail, who graduated from Lamar State College, made comments regarding Washington Blvd., and how safe it is due to the widening, recently the City Manager and the Mayor stated that if someone comes to the podium and says something that's not correct they will address the comments to make the correction, appreciates the Mayor and the City Manager for doing that, sometimes citizens do come to the podium and give incorrect information, stated that he will do this and invites the public to join in and that is if the Council says something that might not be correct he will address it in his comments, sometimes things are said from Council that may be incorrect, also stated that if Council puts a spin on it at the end of the meeting after public comments he will attend the next meeting and address it Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - RESPONDED TO A CITIZENS COMMENTS REGARDING THE HOMELESS, STATED THAT HE ATTENDED A MEETING FOR THE HOMELESS COALITION HELD AT THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION, SHARED WITH COUNCIL INFORMATION HE RECEIVED FROM THE MEETING, ANNOUNCED THE TASTING OF SOME OTHER PLACE AT THE BEAUMONT CIVIC CENTER ON TUESDAY, AUGUST 20, 2019, FROM 4:30 Minutes — August 20, 2019 P.M. TO 7:30 P.M., ENCOURAGED CITIZENS TO ATTEND, THIS EVENT HELPS PROVIDE REFUGE TO THE HOMELESS COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - ABSENT COUNCILMEMBER SAMUEL - RECEIVED COMPLAINTS REGARDING PROPERTY AT 5865 GARLAND RD., IT'S RIGHT NEXT TO ONE OF THE CITY'S PARKS, ASKED THE CITY MANAGER TO GET HIM A DETAIL REPORT AS TO WHAT IS GOING ON AT THAT RESIDENT COUNCILMEMBER MOUTON - CITY ATTORNEY COOPER - CITY MANAGER HAYES - MAYOR AMES - GAVE CONDOLENCES TO THE CLAY AND KNIGHTON FAMILIES NONE STATED THE FACTS, REGARDING PREVIOUS COMMENTS MADE BY MR. KENNY VAUGHAN NONE Open session of meeting recessed at 2:19 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Darryl Daw vs. City of Beaumont, Texas; Cause No. B-203,167 Jefferson County, Texas v. City of Beaumont, Texas; No. B-198,481 There being no action taken in Executive Session, Council adjourned. Ir Tina Broussard, City Clerk I_ Minutes —August 20, 2019