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HomeMy WebLinkAbout08/17/2021 MIN BEAUM © NT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J." Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward It Audwin Samuel, Mayor Pro Tem AUGUST 17, 2021 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 regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on August 17, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 6:00 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call Presentation and Recognition Public Comment: Persons may speak on items 1-8 and 10 Mayor Mouton called the council meeting to order at 6:00 p.m. Pastor Jon Stouffer, First United Methodist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. 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 items 1-8 and 10 James Eller 2332 Evalon Beaumont TX Spoke regarding Item #6 on the Consent Agenda, Authorize the City Manager to execute Change Order No. 3, to contract with King Solutions Services, LLC for the pipe bursting work order contract Phase III project, also spoke on Item #8 on the Agenda; Consider approving the purchase of a high-water vehicle for use in the Fire Department, as well as Item #10 on the Agenda; Review and discuss various building codes adopted bythe City Council and the permitting and inspection process Minutes—August 17,2021 Lashon Proctor 4680 Jancar Dr. Beaumont TX Spoke regarding Item #10 on the Agenda, Review and discuss various building codes adopted by the City Council and the permitting and inspection process CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) 1. Approval of the August 10, 2021, City Council Meeting Minutes 2. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services awarded to the Beaumont Public Health Department - Resolution 21-191 3. Approve a maintenance agreement for use in Fire and EMS operations- Resolution 21-192 4. Authorize the City Manager to enter into an Agreement with the Southeast Texas Flood Control District to receive 33 flood sensors and to have the data hosted by Jefferson County Drainage District No. 6 - Resolution 21-193 5. Authorize the City Manager to sign a Memorandum of Understanding with ExxonMobil Oil Corporation related to the installation of one flood sensor along the Neches River on ExxonMobil property - Resolution 21-194 6. Authorize the City Manager to execute Change Order No. 3, to the contract with King Solutions Services, LLC for the Pipe Bursting Work Order Contract-Phase III Project - Resolution 21-195 7. Authorize the settlement of the claim of Enterprise Rent-A-Car- Resolution 21-196 Councilmember Feldschau moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 8. Consider approving the purchase of a high-water vehicle for use in the Fire Department. The Acela high water rescue vehicle will be purchased from General Truck Body Mfg. Company, of Houston, in the amount of$185,019.00. The new unit will be an addition to the current fleet under Fire Operations and the second high water vehicle they will have if approved. This will be used for the rescue of citizens in the event of rising waters. This is a non-budgeted purchase. Minutes-August 17,2021 Pricing was obtained through the GoodBuy contract, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF AN ACELA HIGH WATER RESCUE VEHICLE FOR USE BY THE FIRE DEPARTMENT FROM GENERALTRUCK BODY MFG.,COMPANY,OF HOUSTON,TEXAS,IN THEAMOUNT OF$185,019.00 THROUGH THE GOODBUY COOPERATIVE PURCHASING PROGRAM. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-197 PUBLIC HEARING Receive comments on a determination of the Public Health Directorthat public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive Public Hearing Open: 6:49 p.m. James Eller 2332 Evalon Beaumont TX Stated that he and Councilmember Getz went to this property and cleaned it up as well as other citizens that volunteered theirtime to clean the property as well,the city has property at 2610 Concord that has metal stacked on the ground, there's liter and debris on that property, called the Health Department regarding this property, stated that the city is in violation of its own ordinance, asked Council to make sure if the city is going to hold citizens liable when they violate the ordinance then the city should be held liable as well, also mentioned city property at 1350 Langham and the waste disposal off of Fannett that has violations Public Hearing Close: 6:52 p.m. 9. Consider an Ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Ian Culbertson at 8465 Frazier Drive. According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. Minutes—August 17,2021 The City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The Legal description and violations of this property are: 8465 Frazier Drive, FRAZIER Place L19 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 & Nuisances, Article 12.07, Section 12.07.002 Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 If the property owners fail to comply within ten It 0)days, staff is requesting the authorization of City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from the General Fund and Public Health Fund. Approval of the Ordinance. Councllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN PROPERTIES TO BE A PUBLIC HEALTH NUISANCE AND ORDERING ABATEMENT; AUTHORIZING CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 21-048 Mr. Ian Culbertson was not present at the meeting DISCUSSION ITEM 10. Review and discuss various building codes adopted by the City Council and the permitting and inspection process Chris Boone, Community Development Director reviewed and discussed various building codes adopted by the City Council and the permitting and inspection process. Mr. Boone, spoke about codes and why the city has them as well as codes that are mandated by the State of Texas. There was discussion of the ISO rating that relates to the city code, the rate is based on the current adoption of the code. There was additional discussion on common permitting issues such as projects that start before zoning is checked or permits are secured, contractors or developers that are used to working in rural areas or communities with little or no inspections, most restaurants, bars and especially in shopping centers this can happen. Mr. Boone talked about how Minutes—August 17,2021 the city can try to improve the situation, this can be done by visiting the One Stop Permitting Shop or calling 311, using the GIS map that is online and accessible atany time as well as City Works which is the new online permitting option. The city is doing pre-development meetings to improve communication. The pro-development philosophy is that the city is charged with enforcing codes and ordinances adopted by City Council and or mandated by the State of Texas and the Feds. There was also discussion regarding many codes that can be eliminated such as the State requires most International Codes and Windstorm and the Feds require ADA, the city can eliminate the flood ordinance, if it does then most citizens won't get flood insurance, if the city were to lessen enforcement of those items, Mr. Boones ask Council to keep in mind that ISO and FEMA perform audits and this can affect rates. The permit process was discussed as well as a list of what's entailed in the process. COMMENTS + Public Comments (Persons are limited to three minutes) James Eller 2332 Evalon Beaumont TX Made comments regarding the purchase of military vehicles, as well as the Texas Occupation Code dealing with plumbing, stated that he can make plumbing repairs at the home he resides in but if he owns a second home he would have to hire a licensed plumber to make any repairs, thinks that doesn't make sense, asked that Council consider abolishing this part of the Occupation Code Deborah Fetherlin 6770 Lexington Beaumont TX Commented on COVID-19 and getting vaccinated, also commented on the homeless situation, stated that an incident occurred at her business on the corner of Delaware and I- 10, the homeless are living under the overpass at Delaware and 1-10, asked that Council please do something to help the homeless because they do need help, thinks Beaumont needs to pass a law where panhandling is illegal or pass something that's similar to that, some of the homeless are homeless at no fault of their own Alto Watson 2615 Gladys Beaumont TX Commented on what the Health Director stated earlier regarding COVID, stated that it was terrifying, was wondering if the City Council could do a press release regarding the rise in COVID numbers or make a video of what the Directorjust stated and make it available to the press, asked for a moment of silence for Gov. Abbott who's been diagnosed with COVID, glad to see Councilmember Samuel back atthe meeting and that he recovered from COVID, commented on the need of a dog park on the west side of town, it's his understanding that there will be a worksession with the Battleship Texas Board, thanked Council for agreeing to meet with the Board Louis Vaughn 9616 Mapes Beaumont TX Stated that Councilmember Getz did bring up a good idea regarding Battleship Texas, stated that he knows for sure that you have to have something to attract people to Beaumont, if not the Battleship Texas then something else would be great, stated that the same amount of money that the citizens will be paying for the increase of the garbage. The city could have Minutes—August 17,2021 gotten from GGI when they approached the city with $400,000 a year, the city could have $40 million right now, also made comments regarding Hurricane Imelda Jerome Alexander 1118 Evalon Beaumont TX Made comments regarding the homeless situation here in Beaumont, stated that he helps the homeless, he and two other people have gotten together and created a program called a Demand for Hope, they are in need of land, he will be meeting with a contractor on tomorrow who's willing to build the shelter, the homeless needs a shelter they have nowhere to go, if the Salvation Army and Henry's Some Other Place is full to capacity then they have no other choice but to go under the bridges to stay out of the elements,just asking for help with some land Brian Dunigan 1910 2151 Beaumont TX Spoke to Council regarding Code Enforcement, asked what if a citizen who's a store owner brings their plans to the city, the plans get approved, they then go back to their place of business and spends money to get the business going, the owner then gets to the end of getting the business ready and finds out that the city's Planning Department has made a mistake and the city now says that the plans they approved are no good, the owner has already spent tons of money, wanted to know who's to be held accountable for the city's mistake, right now it's falling back on the owner, stated that he's going through this now, also spoke regarding the volunteer work that he does rescuing people from floods and hurricanes and spends money out of his pocket. He stated that he just purchased a military high-water vehicle for about $10,000.00, the military does take care of their vehicles and they have to keep them up and running, they only get rid of them due to being outdated, stated that the city doesn't need to spend $185,000.00 for one, asked why is the city wanting to spend that type of money on a high water rescue vehicle Aaron Uribe 5667 Camellia Dr. Beaumont TX Spoke regarding the homeless, read some information from HB 1925 thatwill be enacted on September 1, 2021 * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER CURIO - NONE COUNCILMEM13ER GETZ- EXPRESSED HIS GRATEFULNESS TO GOD FOR ALLOWING THOSE THAT HAVE BEEN AFFLICTED WITH COVID TO RECOVER, COUNCILMEMBER SAMUEL, HIS WIFE AND THOSE OUT THERE THAT HAVE SUFFERED FROM THIS DISEASE, STATED THAT HE AND HIS WIFE HAVE BEEN FULLY VACCINATED AND DOESN'T BELIEVE THAT ANYONE SHOULD BE MANDATED TO BE VACCINATED BUT DOES BELIEVE THAT THE VACCINE DOES ENABLE ONE TO RECOVER MORE QUICKLY FROM THIS DREADED ILLNESS,THE PROOF IS IN THE NUMBERS,HE KNOWS OF VERY FEW PEOPLE THAT HAVE BEEN VACCINATED THAT HAVE DIED FROM COVID,EVERYONE SHOULD MAKE THEIR OWN Minutes—August 17,2021 CHOICE BUT DON'T LIVE IN FEAR, ALSO WANTED TO CONFIRM RUMORS THAT HE'S HEARD THAT NEXT THERE ARE TO BE TWO WORKSESSIONS, ONE ON THE BATTLESHIP TEXAS AND THE SECOND ON THE HOMELESS SITUATION, STATED THAT NEXT WEEK WILL BRING A LOT OF ACTION THAT THE HOMELESS COALITION HAS BEEN WORKING ON FOR THE LAST TWO YEARS, THANKED THE MAYOR FOR HAVING A WORKSESSION ON THOSE TWO ITEMS COUNCILMEMBER TURNER- THANKED EVERYONE THAT CAME OUT FOR THE EVENING MEETING AS WELL AS STAFF FOR THE PRESENTATION ON BUILDING CODES AND LOOKS FORWARD TO WORKING WITH STAFF ON SOME OF THE ISSUES THEY NEED TO WORK THROUGH COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - STATED THAT NEXT WEEK THERE WILL BE WORKSESSIONS ON THE BUDGET,CAPITAL PROGRAM,BATTLESHIP TEXAS,THERE WILL BE A CONSULTANT THAT WILL BE SPEAKING REGARDING THE WATER SYSTEM AS IT RELATES TO THE BROWN WATER,AS WELL AS THE HOMELESS SITUATION, STATED TO COUNCIL THAT THEY MAY WANT TO CONSIDER THE TIME, SUGGESTED THAT THE COUNCIL COULD MEET IN THE MORNING WHERE IT RELATES TO THE HOMELESS OR TRY AND DISCUSS EVERYTHING AT THE 1:30 P.M., MEETING, HE WON'T KNOW UNTIL W EDNESDAY OR THURSDAY AS TO HOW MANY AGENDA ITEMS WILL BE ON THE CONSENT AND AGENDA,JUST WANTED COUNCIL TO BE AWARE THAT THE TUESDAY MEETING MAY BE A LONG MEETING MAYOR MOUTON - THANKED THE CITIZENS FOR COMING OUT TO THE EVENING MEETING AND FOR ALL OF THEIR COMMENTS,THANKED STAFF FOR THE PRESENTATION, STATED THAT ON NEXT TUESDAY, AUGUST 24,2021,THE BATTLESHIP REPRESENTATIVES WILL BE AT THE MEETING FOR A WORKSESSION, AS WELL AS A WATER SYSTEM ASSESSMENT TO LOOK AT THE BROWN WATER ISSUE, COMMENTED AS TO WHEN THE HOMELESS WORKSESSION COULD BE DONE, IT COULD BE DONE THE MORNING OF AUGUST 24,2021,OR MOVE TO THE FOLLOWING TUESDAY,AUGUST 31, 2021,WOULD LIKE TO HAVE ENOUGH TIME TO ADDRESS THE HOMELESS SITUATION AND NOT RUSH THROUGH IT AS WELL AS EVERY ENTITY THAT NEEDS TO BE INVOLVED CAN BE IN ATTENDANCE, ALSO MADE COMMENTS REGARDING HB 1925, IT WAS SUGGESTED BY Minutes—August 17 2021 COUNCILMEMBER GETZ THAT THE CITY COUNCIL COULD HAVE THE WORKSESSION AT THEIR NEXT HOMELESS COALITION MEETING AT THE EVENT CENTRE WHICH IS ALREADY SCHEDULED ON SEPTEMBER 2, 2021 AT 2:00 P.M., THE MAYOR WAS IN AGREEMENT WITH COUNCILMEMBER GETZ's SUGGESTION AS WELL AS THE REST OF COUNCIL, THANKED THE HEALTH DIRECTOR, KENNETH COLEMAN FOR HIS COVID UPDATE Wit re being no Closed Session, Council adjourned at 9:01 p.m. &tA , � � R In Mouton, M yor Tina Broussard, City Clerk I lit s Minutes—August 17,2021