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HomeMy WebLinkAbout04/20/2021 MIN BEAUM© NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate,Jr.,At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tem Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III APRIL 20, 2021 Robin Mouton,Ward IV Tyrone 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 April20, 2021, 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 1-3/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Monsignor William Manger with St. Anne Catholic Church gave the invocation. MayorAmes led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were MayorAmes, Mayor Pro Tern Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Kelly High School Boys Soccer Day" -April 2021-Proclamation read by Councilmember Pate; accepted by the Seniors of Kelly High School Boys Soccer Team Recognition - Chief James Singletary - Accepting Beaumont Police Chief James Singletary Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda None CONSENT AGENDA * Approval of minutes —April 13, 2021 * Confirmation of board and commission member appointments — None Minutes—April 20,2021 A) Authorize the City Manager to submit an application to the Texas Commission on Environmental Quality (TCEQ) for a Compliance Supplemental Environmental Project - Resolution 21-095 B) Approve a resolution amending Resolution No. 21-078 related to the final payment amount as a part of the Tram Road Asphalt Resurfacing (Major Drive to US 69 Frontage Road) Project - Resolution 21-096 C) Authorize the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy,for the Annual Summer Reading Program-Resolution 21-097 Councilmember Getz moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance granting a new solid waste franchise agreement to G&H Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling ortransporting, in the city, any garbage, waste or refuse,withoutfirst having obtained a franchise from the City. Eleven entities currently have nonexclusive franchise agreements with the City, G&H Solutions, LLC has requested that the City Council grant the company such franchise agreement. G&H Solutions is a new locally owned business renting roll off boxes and offering waste hauling services with its Nederland office located at 2560 N. 318t Street. The franchise agreement would provide for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the applicant. Attached is a copy of the proposed agreement. This is the second reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Minutes-April 20,2021 Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO G&H SOLUTIONS, LLC. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-015 2. Consider a resolution authorizing the City Manager to execute Change Order No. 1 to the contract with Global Emergency Services, LLC related to the Lawson's Canal Reclamation Debris Hauling (REBID) Project. On January 26, 2021, by Resolution No. 21-018, City Council awarded a contract to Global Emergency Services, LLC, of Beaumont, in the amount of $180,000.00 for the Lawson's Canal Reclamation Debris Hauling (REBID) Project. Proposed Change Order No. 1, in the amount of$44,460.00, is required for the addition of 2,223 cubic yards of debris to be hauled due to unforeseen site conditions and undercalculation of the amount of debris to be removed from the Lawson's Canal. A total of ten (10) calendar days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $224,460.00 with 42 total calendar days to complete the project making the new estimated substantial completion date April 27, 2021. Funds will come from the Water Fund — Contract Services. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF$44,460.00,IS REQUIRED FOR THE ADDITION OF 2,223 CUBIC YARDS OF DEBRIS TO BE HAULED DUE TO UNFORESEEN SITE CONDITIONS AND UNDERCALCULATION OF THE AMOUNT OF DEBRIS TO BE REMOVED FROM LAWSON'S CANAL, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $224,460.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1,IN THE AMOUNT OF$44,460.00 FOR ADDITIONAL WORK,THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $224,460.00 FOR THE LAWSON'S CANAL RECLAMATION DEBRIS HAULING (REBID) PROJECT. Councilmember Mouton seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes—April 20,2021 Resolution 21-098 3. Consider a resolution authorizing additional compensation to the Beaumont Independent School District(BISD) related to the School Crossing Guard Program and authorizing the City Manager to amend the interlocal agreement with BISD or to execute a new interlocal agreement with BISD depending on the City Council's resolution or determination. The City Council authorized an interlocal agreement(ILA)with BISD on September 15, 2020 that obligated the City to compensate the School District for specific amounts related to the crossing guard program through 2023. This item was placed on the agenda for consideration by Councilmembers Mouton and Samuel, to specifically discuss the City's funding amounts in future years. [Mayor Ames made comments before this item was voted upon. She stated when viewing this item from a legal stand pointthis is how Council needs to move forward, the first thing that needs to happens, if Council chooses, is that the amended motion needs to be rescinded and can't be voted on again because the last motion that passed in a 4 to 3 vote was to table the item until a joint meeting could take place with BISD, once that happens Council can then go back to the original motion. Councilmember Mouton will have an opportunity to clarify her motion as she wasn't able to do so last week, once the clarification takes place then Council could vote on the Councilmembers Motion, The Mayor stated that the agreement that is now in place will be from July, 2020, through September, 2023, the cost per year is $90,000.00 the first year, $45,000.00 the second year and $22,500.00 the third year and nothing after that.] Councilmember Nelld moved to RESCIND HIS AMENDED MOTION MADE ON APRIL 13, 2021, TO TABLE THIS ITEM UNTIL A WORKSESSION COULD BE SCHEDULED. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE,SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Councilmember Mouton CLARIFIED HER ORIGINAL MOTION MADE ON APRIL 13,2021,TO GO BACK TO THE ORIGINAL CONDITION WHEREBY THE CITY WILL PAY 50% OF THE COST NOT TO EXCEED $90,000.00 PER YEAR, THE TERM IS FOR THE NEXT TWO YEARS FROM DULY, 2021 THROUGH SEPTEMBER, 2023 AND TO INCLUDE A THIRTY DAY TERMINATION CLAUSE BY EITHER PARTY. Councilmember Samuel seconded the motion. MOTION PASSED Resolution 21-099 Minutes—April 20,2021 PUBLIC HEARING * Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan Public Hearing Open: 2:40 p.m. None Public Hearing Close: 2:40 p.m. 4. Consider approving a resolution adopting the 2021 Annual Action Plan. As mandated by the U. S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in previous years priorto adopting the City's Annual Action Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC), has hosted Public Hearings in order to receive public comments on the process and activities related to the 2021 Annual Action Plan. Attached is the proposed Budget for the 2021 Program Year. The proposed budget reflects estimated allocations of $1,384,834.00 in Community Development Block Grant(CDBG) funding, an estimated $100,000 in Program Income and $514,688.00 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. Conduct the Public Hearing and approve the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE HUD CONSOLIDATED GRANT PROGRAM's 2021 ANNUAL ACTION PLAN,AS WELL AS THE BUDGET OF THE 2021 ACTION PLAN IN THE ESTIMATED AMOUNT OF$1,384,834.00 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING, WITH AN ESTIMATED $100,000.00 IN PROGRAM INCOME AND$514,688.00 IN HOME FUNDING. Councilmember Mouton seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE,SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-100 COMMENTS * Public Comments (Persons are limited to three minutes) Landry Rountree 1565 S. Major Dr. Beaumont TX Stated that recently at a City Council meeting the City Attorney,Tyrone Cooper stated that he comes to the podium and reminds Council of his discrepancies in the past, stated that he Minutes—April 20,2021 wanted to set the record straight, that's not what he does, he only comes to the podium to remind Council of the city's discrepancies and also of the City Attorney's office discrepancies, commented on other issues dealing with the City Attorney's office as well as Municipal Court staff, questioned the City Attorney's integrity, asked that Council review Mr. Cooper's actions recently and thinks that he needs to be reprimanded Brian Nepveux 6955 Shanahan Beaumont TX Congratulated Council on coming to an agreement regarding the crossing guard item on the agenda, thinks that it could have been done a few weeks ago, stated that there are kids that attend private schools,they aren't any difference from the kids that go to public schools, if the city is going to fund fifty percent (50%) for BISD, would they be willing to fund crossing guards for the private schools Demetrice Dorsey 6810 Prutzman Rd. Beaumont TX Stated that their business gets fuel from the city, the city has stopped them from getting the fuel, her business checked with transportation on last week and they were told to speak with Council about it, asked how her business could continue to get fuel from the city Albert "AX Turner 9720 Mississippi St. Beaumont TX Thanked all of the Councilmembers who took the time to sit and discuss the crossing guard program with him and for being opened minded, also thanked them for having the best interest of the City and the School District, thinks this is the direction the Council and city should be going in Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - STATED THAT EARLY VOTING HAS STARTED, ENCOURAGED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER PATE - EARLY VOTING HAS STARTED, ENCOURAGED EVERYONE TO GET OUT AND EXERCISE THEIR RIGHT TO VOTE, THE FOUR EARLY VOTING LOCATION ARE THEODORE JOHNS LIBRARY, ROGERS PARK,JOHN PAUL DAVIS COMMUNITY CENTER AND THE J EFFERSON COUNTY COURT HOUSE,CITIZENS CAN GO TO ANY OF THOSE LOCATIONS TO VOTE,CONGRATULATED KELLY HIGH SCHOOL SOCCER TEAM AS WELL AS POLICE CHIEF JAMES SINGLETARY MAYOR PRO TEM FELDSCHAU - STATED THAT SIX MONTHS AGO WHEN THE FUNDING OF THE BISD CROSSING GUARD PROGRAM CAME BEFORE THIS COUNCIL HE STATED THAT FOR HIM AT THAT TIME IT WAS AN ACCOUNTING ISSUE OF CO-MINGLING THE BUDGET OF TWO TAXING ENTITIES,IT WAS NEVER AN ISSUE OF NOT WANTING TO SUPPORT BISD OR NOT CARING ABOUT THE STUDENTS, Minutes—April 20,2021 STATED THAT HE KNEW THAT THE AMOUNT OF MONEY BEING CONSIDERED WOULD HAVE NO SIGNIFICANT IMPACT ON THE CITY OR THE SCHOOL DISTRICT,AFTER LISTENING TO CITIZENS, BISD, CITY STAFF AND LEADERS IN THE COMMUNITY HE REALIZED THIS WAS A MUCH DEEPER CONCERN THAN AN ACCOUNTING ISSUE,WITH NEW AND GREATER INFORMATION HE CAME TO THE UNDERSTANDING THAT THE CITY CO-MINGLES IT'S BUDGET ON PROJECTS WITH OTHER TAXING ENTITIES SUCH AS THE PORT OF BEAUMONT, THE COUNTY AND DD6; HE ALSO CAME TO UNDERSTAND THAT HIS VOTE TELEGRAPHED THE WRONG MESSAGE TO THE SCHOOL DISTRICT AND TO THE PARENTS, LEADERS MAKE DECISIONS ON THE INFORMATION THAT IS DIRECTLY IN FRONT OF THEM AT THE TIME,OFTEN NEW AND GREATER INFORMATION WILL BE BROUGHT TO THEIR ATTENTION AND WHEN POSSIBLE LEADERS HAVE A RESPONSIBILITY TO CORRECT ANY MISTAKES THAT THEY MAY MAKE, STATED THAT IF HE BELIEVED THAT HIS DECISION SIX MONTHS AGO WAS GOOD AND RIGHT HE WOULD STAND BY THAT DECISION REGARDLESS OF PUBLIC PRESSURE, BUT TODAY IN AN EFFORT TO CORRECT HIS MISTAKE HE CAST HIS VOTE TO REINSTATE THE CITY'S POSITION ON FUNDING FOR THE CROSSING GUARD PROGRAM AND LOOKS FORWARD TO FINDING NEW AND GREATER WAYS TO PARTNER WITH BISD FOR THE SAKE OF THE CHILDREN AND FOR THE CITY AND COMMENDS THE COUNCIL FOR COMING TOGETHER IN UNITY AND FOR CASTING THE VOTE OF SUPPORT THAT THE CITY DOES CARE AND DOES WANT TO PARTNER WITH BISD COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ- COMPLIMENTED AND AGREED WITH EVERYTHING THAT MAYOR PRO TEM FELDSCHAU STATED IN HIS COMMENTS, STATED THAT HE HAS HAD A LOT OF QUESTIONS BROUGHT TO HIM REGARDING THE CHARTER AMENDMENTS THAT ARE ON THE BALLOT, WOULD LIKE THE WORKSESSION THAT WAS DONE EXPLAINING THE CHARTER AMENDMENTS TO BE PINNED ON THE CITY'S ACCESS CHANNEL IF POSSIBLE AND ON THE CITY'S FACEBOOK PAGE AND ANYWHERE ELSE SO THAT CITIZENS CAN WATCH IT TO GET EDUCATED ON THE AMENDMENTS, IF THAT CAN'T HAPPEN IF IT'S ARCHIVED ON THE CITY'S WEB PAGE THEN HE CAN DIRECT CITIZENS TO THE MEETING SO THAT THEY CAN WATCH THE MEETING ONLINE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - STATED THAT HE AND COUNCILMEMBER SAMUEL MET WITHIN THE LAST TWO WEEKS REGARDING WHAT THE CITY CAN POSSIBLY DO AS IT RELATES TO ABANDON BUILDINGS LOCATED DOWNTOWN THAT ARE OWNED BY PRIVATE CITIZENS, STATED THAT CHRIS BOONE AND STAFF DID SOME RESEARCH, Minutes—April 20,2021 THE CITY MANAGER PASSED OUT AN ORDINANCE SURVEY OF OTHER CITIES FOR COUNCILS REVIEW MAYOR AMES- RESPONDED TO COUNCILMEMBERS GETZ REGARDING PUTTING THE WORKSESSION ON THE CITY'S ACCESS CHANNEL AS WELL AS FACEBOOK ETC., STATED THAT IT WAS HER INTENT TO PUT THE WORKSESSION OUT FOR CITIZENS TO VIEW BUT UPON ADVICE FROM LEGAL SHE DIDN'T BECAUSE THE LAST TIME THE CITY HAD CHARTER AMENDMENTS AND TRIED EDUCATING THE PUBLIC THEY ENDED UP PAYING A FINE, IF THE CITY TAGGED JUST THE WORKSHOP AND DOESN'T TAG OTHERS IT WILL LOOK LIKE THE CITY IS PROMOTING THE CHARTER AMENDMENTS AND THE CITY CAN'T PROMOTE ON CITY TIME OR THE WEB SITE,REMINDED THE PUBLIC THAT THERE ARE RULES THAT THEY HAVE TO ABIDE BY DURING PUBLIC COMMENTS, CITIZENS CAN'T CALL CITY STAFF OR OTHERS BY THEIR NAME, IF ANYONE ADDRESSES COUNCIL SHE ASK THAT THEY PLEASE READ THE RULES FOR SPEAKING WHICH ARE ON THE TABLE AS THEY ENTER THE CHAMBERS,THANKED EVERYONE FOR THEIR COMMENTS AND PASSION REGARDING THE CROSSING GUARD PROGRAM With there being no Executive Session, Council adjourned at 3:01 p.m. B y Ames,g4a r - Tina Broussard, City Clerk Vol, 4 t 1 f i Minutes—April 20,2021