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Home My WebLink About05/17/2021 MIN BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT SPECIAL - COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III MAY 17, 2021 Charles "Chris" Durio,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 special session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on May 17, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 10:00 a.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 10:00 a.m. Pastor John Boykin with Sabine Tabernacle gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Feldschau, Councilmembers Durio, Getz, Turner, Samuel and Neild. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "National Maritime Day" — May 22, 2021 - Proclamation read by Councilmember Getz; accepted Ivan Mobley, Executive Director of the Seafarers' Center "Motorcycle Safety and Awareness Month — May, 2021 — Proclamation read by Councilmember Samuel; accepted by Tonya Mills with the Region 4 Council to Clubs and Independence "Small Business Month" — May, 2021 — Proclamation read by Mayor Ames; accepted by Kristie Young,Vice President of Economic Development at the Greater Beaumont Chamber of Commerce Minutes—May 17,2021 Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Biguita Hernandez-Smith 1080 Shakespeare Dr. Beaumont TX Spoke on her appointment to the Community Development Advisory Committee, thanked Councilmember Getz for appointing her, made additional comments regarding politics and moving the city forward CONSENT AGENDA Approval of minutes — May 11, 2021 Confirmation of board and commission member appointments — Resolution 21-122 Biguita Hernandez-Smith would be appointed to the Community Development Advisory Committee. The term would commence May 17, 2021 and expire September 30, 2023. (Councilmember Mike Getz) A) Approve contracts to provide lubricants for use in City vehicles and equipment- Resolution 21-123 B) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company related to the Helbig Road Asphalt Resurfacing Project - Resolution 21-124 C) Authorize the City Manager to execute Change Order No. 3 to the contract with McInnis Construction, Inc. related to the Fleet Management Facility Parking Lot Reconstruction — Phase 1 Project - Resolution 21-125 D) Authorize the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department- Resolution 21-126 E) Authorize the City Manager to execute an agreement with the South East Texas Regional Planning Commission (SETRPC) regarding the Region 9-1-1 System - Resolution 21-127 Councilmember Getz moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving an ordinance calling a runoff election for June 19, 2021, to elect a Mayor for the City of Beaumont. Minutes—May 17,2021 The City Charter dictates that if no candidate for Mayor receives a majority of all votes cast in the general election for the position for which he/she is a candidate, a runoff election for such position shall be ordered in accordance with the Texas Election Code. The City of Beaumont is designating the third Saturday of June to conduct a runoff election to elect a Mayor. Funds are available in the City Clerk's budget Approval of ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FORA RUNOFF ELECTION TO BE HELD ON THE 19TH OF JUNE,2021 FOR THE PURPOSE OF ELECTING A MAYOR; PROVIDING THE FORM OF THE BALLOT AT SUCH RUNOFF ELECTION; DIRECTING AND GIVING THE NOTICE OF SUCH ELECTION; AND OTHER PROVISIONS RELATING TO THE SUBJECT. Councilmember Turner seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-028 2. Consider an ordinance amending the FY 2021 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 the financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. The Imelda Recovery Fund was established to track Tropical Storm Imelda recovery costs and FEMA/other related reimbursements. As discussed with City Council on February 23, 2021, it is recommended to close this fund because FEMA is not issuing a reimbursement declaration. To date we have unreimbursed expenses in the amount of $3,792,024. To cover these expenses, we will need to transfer funds from the following funds: General Fund $1,810,737 Solid Waste Fund $1,724,218 Water Fund $ 257,069 Minutes—May 17,2021 The Imelda Fund originally budgeted revenue in the amount of$3,547,928 and will need an amendment of $244,096 to match the amount of revenue being transferred into the fund. Also, the fund is expected to exceed budgeted expenditures, thus a budget amendment of $100,000 is being proposed to cover those costs. General Fund Original Budget Proposed Amended Budget Amendment Total Expenditures $131,940,700 $1,810,737 $133,751,437 Water Fund Original Budget Proposed Amended Budget Amendment Total Expenditures $53,548,500 $1,724,218 $55,272,718 Solid Waste Fund Original Budget Proposed Amended Budget Amendment Total Expenditures $12,664,900 $257,069 $12,921,969 Imelda Recovery Original Budget Proposed Amended Budget Fund Amendment Total Revenues $3,547,928 $244,096 $3,792,024 Total Expenditures $500,000 $100,000 $600,000 Approval of the ordinance. Mayor Pro Tem Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2021 TO APPROPRIATE ADDITIONAL FUNDS TO COVER EXPENDITURES IN THE GENERAL,WATER,SOLID WASTE AND IMELDA RECOVERY FUNDS; TO APPROVE THE TRANSFER OF FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Neild seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-029 3. Consider an ordinance granting a new solid waste franchise agreement with G&H Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage,waste or refuse,without first 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 Minutes—May 17,2021 boxes and offering waste hauling services with its Nederland office located at 2560 N. 31st 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 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. This is the final reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO G&H SOLUTIONS, LLC. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS DURIO,GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-015 COMMENTS * Public Comments (Persons are limited to three minutes) Antonio Polite 3795 Youngstown Beaumont TX Stated that he's with the Golden Triangle Jaguar's which is a nonprofit youth football and basketball league, stated that he's trying to secure a field for the kids to play on, he's walked Sprott Park which is not in use,would like to see if they could host approximately four games with Texas Grid Iron football league, he would like to put the kids to work to get the field ready, has a professional crew that would mark the field, would like permission to utilize the field at that park Brian Nepveux 6955 Shanahan Beaumont TX Congratulated Councilmembers Turner and Durio on their being elected to City Council, stated that he's checked into the At-large position, stated that there's two positions under one line that says vote for two, based on the numbers that he's looked at there was a little less Minutes—May 17,2021 than 16,000 total votes, there was only 18,700 for At-large, there should have been about 31,000 if voters actually voted for two which they don't, looked at Houston, they have five At- large positions, the positions are one through five with two four year terms, asked that Council look at having positions one and two which provides for accountability for the two seats, made additional comments regarding the At-large seats, asked that Council consider changing the seats to positions one and two * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - CONGRATULATED ALL OF THE GRADUATES WHO GRADUATED FROM COLLEGE AND HIGH SCHOOL,STATED THAT HE NOTICED A LOT OF THE GRADUATES THAT GRADUATED FROM HIGH SCHOOL DID SO WITH AN ASSOCIATES DEGREE,THOUGHT THAT WAS AWESOME, THE KIDS ARE SEVENTEEN AND EIGHTEEN YEARS OLD GRADUATING FROM HIGH SCHOOL AND READY TO ENTER THE WORK FORCE COUNCILMEMBER GETZ- WELCOMED BIGUITA HERNANDEZ-SMITH TO THE COMMUNITY ADVISORY COMMITTEE, THANKED HER FOR HER EARLIER COMMENTS, ENCOURAGED THE MEMBERS OF THE COMMITTEE AND THE CITY COUNCIL TO REIMAGINE HOW THE COMMITTEE IS UTILIZED,RIGHT NOW IT IS PRIMARILY UTILIZED TO DETERMINE ALLOCATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR VARIOUS NONPROFITS,THE COMMITTEE IS ALSO TASKED WITH THE ABILITY TO DO SO MUCH MORE AND BE A TRUE COMMUNITY WIDE CITIZEN ADVISORY COMMITTEE, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION WILL BE MEETING MAY 18, 2021, AT ROGERS PARK COMMUNITY CENTER, AT 7:00 P.M., GUEST SPEAKER WILL BE ANGELA BELLARD WITH THE JEFFERSON COUNTY APPRAISAL DISTRICT COUNCILMEMBER TURNER- STATED THAT HE'S VERY EXCITED TO BE ON COUNCIL AND IS LOOKING FORWARD TO WORKING WITH EVERYONE, ANNOUNCED THAT ON MAY 20, 2021, AT 6:00 P.M., THERE WILL BE A SWEARING AT BEAUMONT INDEPENDENT SCHOOL DISTRICT FOR THE NEWLY ELECTED SCHOOL BOARD TRUSTEES,HOPES THAT THE ENTIRE COUNCIL WOULD ATTEND AND SHOW THEIR UNISON, ENCOURAGED THE CITIZENS TO ATTEND AS WELL MAYOR PRO TEM FELDSCHAU - STATED THAT THERE WAS AN ALERT THAT CAME OUT DURING THE MEETING THAT THERE IS A FLASH FLOOD WARNING, IT'S OBVIOUS THAT THIS WEEK WILL BE A WET WEEK, THERE ARE ALSO CERTAIN PLACES IN BEAUMONT THAT FLOOD, ENCOURAGED EVERYONE TO PLEASE AVOID THOSE AREAS AND GO AROUND THEM IF AT ALL POSSIBLE AND THAT NO ONE GETS IN BAD SITUATIONS THIS WEEK Minutes—May 17,2021 COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE BEAUTIFUL NEW SEAFARERS' CENTER THAT WAS BUILT IN PORT ARTHUR,STATED THAT SHE HAD THE OPPORTUNITY TO JOIN THEM IN THEIR RIBBON CUTTING AND DEDICATION OF THE NEW BUILDING, COMMENTED ON THE AT- LARGE SEATS, STATED THAT SHE WAS VERY MUCH IN FAVOR OF GOING TO POSITIONS, STATED THIS WAS ON THE BALLOT AS A CHARTER AMENDMENT SOME TIME AGO, THE PROPOSITION WAS TO GO TO POSITIONS INSTEAD OF SEATS AS WELL AS THREE YEAR TERMS AND IT FAILED, ANNOUNCED A JOINT PLANNING AND ZONING MEETING AT 3:15 P.M. 'th there being no Executive Session, Council adjourned at 10:56 a.m. I i11 , Be y Ames, a or k)- Thnlik)akk Tina Broussard, City Clerk C `s1. g‘airmlinfVfi, ms Minutes—May 17,2021