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HomeMy WebLinkAbout05/02/2023 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS — CITY HALL — 801 MAIN STREET TUESDAY, MAY 2, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions - Presentation on Legislative Update (HillCo Partners) - Presentation on Intersection Aesthetics (TxDOT) • Public Comment— Persons may speak on the Consent Agenda and Items 1 — 2 • Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. 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.) A. Approval of the April 25, 2023 City Council Meeting Minutes B. Authorize the City Manager or his designee to apply for and receive $1,574,521 in funding through the Department of Homeland Security 2023 Port Security Grant Program. C. Authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN). D. Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Infrastructure Engineering & Construction, LLC, from Houston, for the Pine Street Electrical Building Flood Protection Improvements Project. E. Approval of accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Spring Wood Subdivision, Section 3. F. Approval of a contract to provide lubricants for use in City vehicles and equipment. G. Approval of the purchase and installation of six scoreboards for the Athletic Complex from Nevco Sports, LLC of Greenville, IL. H. Approval of the appointment of members to the Charter Review Committee. I. Authorize the settlement of the claim of Joseph Guidry. J. Authorize the settlement of the claim of Kevin & Patricia Joseph. REGULAR AGENDA 1. Consider authorizing the acceptance of the proposed settlement of Entergy's 2022 base rate case. PUBLIC HEARING • Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan. 2. Consider adopting the Consolidated Grant Program's 2023 Annual Action Plan. COMMENTS • Public Comment (Persons are limited to 3 minutes) • Councilmembers/City Manager/City Attorney comment on various matters 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. A BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider approval of the April 25, 2023 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT SPECIAL - 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 II Audwin Samuel, Ward III APRIL 25, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney 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 April 25, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following: OPENING Mayor Pro Tem Durio called the council meeting to order at 3:00 p.m. Roll Call Present at the meeting were Mayor Pro Tem Durio, Councilmembers Getz, Feldschau, Samuel and Neild. (Mayor Mouton and Councilmember Turner arrived late). Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Council recessed into Executive Session at 3:01 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: • Toye Frazier v City of Beaumont; Cause No. E-206,919 To discuss and or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: • "Project Riverfront" Mayor Mouton reconvened out of Executive Session at 5:28 p.m., and called the Council meeting to order at 5:30 p.m. * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentations and Recognitions - Presentation of the FY2022 Annual Comprehensive Financial Report by Whitley Penn - Presentation on Carbon Sequestration (Caliche Development Partners II) Minutes— April 25,2023 Public Comment: Persons may speak on the Consent Agenda/Agenda items A-J and Item 1 Reverend Christopher Neal Sr. with Douglas Memorial C.M.E. 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 Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations and Recognitions: Proclamation—"Autism Awareness Month"—April 2023—Proclamation read by Mayor Pro Tem Durio; accepted by Kara Michael and her son Teddy Proclamation — "409 Day in Beaumont Texas" — April 29, 2023 — Proclamation read by Mayor Mouton; accepted by Danielle Sutton, JoAnn Truncali, Christina Lokey, Susan Jackson and Mallory Cross Public Comment: Persons may speak on the Consent Agenda Dylan Richardson 4575 N. Major Dr. Beaumont TX Spoke regarding Item I on the consent agenda, increase in salary and allowances for the Mayor and City Council 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.) A. Approval of the April 18, 2023, City Council Meeting Minutes B. Authorize the settlement of the lawsuit styled Melanie Move Comeaux v. City of Beaumont— Resolution 23-106 C. Authorize the creation of a Charter Review Committee - Resolution 23-107 D. Approval of the appointment of members to the Charter Review Committee- Resolution 23- 108 E. Approval of the replacement of the Police video storage system from Sirius Computer Solutions, LLC of San Antonio, TX - Resolution 23-109 F. Authorize the transfer of a Drainage Easement to Jefferson County Drainage District No. 6 - Resolution 23-110 G. Approval of an annual contract for the purchase of Cement Slurry for street rehabilitation - Resolution 23-111 J. Approval of the purchase of server hosting for the Cityworks and ArcGIS servers by NewEdge Services, LLC of Frisco, TX - Resolution 23-113 Minutes— April 25,2023 Councilmember Getz moved to approve the Consent Agenda excluding Item H and I. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED H. Authorize payment in the amount of$85,962.36 to Gulf Coast Electric Co., Inc., of Beaumont, for repairs at the Wastewater Treatment Plant for damages that occurred due to an electrical fire in the MCC1 Building - Resolution 23-112 Councilmember Neild moved to approve Consent Agenda Item H. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, SAMUEL AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED I. Authorize an increase in salary and allowances for the Mayor and City Council. Councilmember Feldschau moved to deny Consent Agenda Item I. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE DENIED 1. Consider authorizing the City Manager to enter into a 380 Economic Development Agreement as well as a lease agreement with CDP II CO2 Sequestration, LLC of Houston, Texas for economic development incentives during the development of a carbon sequestration facility within City property. The City was recently approached about entering into a 380 Economic Development Agreement as well as a lease agreement with CDP II CO2 Sequestration, LLC of Houston, Texas for economic development incentives during the development of a carbon sequestration facility within undeveloped City-owned property, south of the landfill. Carbon sequestration is the process of capturing and storing carbon dioxide deep underground in order to reduce the amount of carbon dioxide (CO2) in the atmosphere with the goal of reducing climate change. Minutes— April 25,2023 The agreement includes a twenty-four(24) month exclusivity/feasibility period, along with an optional additional twenty-four-month exclusivity period in exchange for a payment of $100,000 to the City. During this exclusivity/feasibility period, the developer has the option to move forward with the project or not. This agreement would allow for the capture and storage of CO2 in exchange for a one-time payment of $100,000 per injection well, a payment to the city of$1 per metric ton of CO2 captured, with a minimum of 250,000 metric tons or $250,000, plus a payment to the city of $50,000 per year during the fifty-year monitoring period. Approval of Resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A 380 ECONOMIC DEVELOPMENT AGREEMENT AND A LEASE AGREEMENT WITH CPD II CO2 SEQUESTRATION, LLC, OF HOUSTON, TEXAS FOR ECONOMIC DEVELOPMENT INCENTIVES DURING THE DEVELOPMENT OF A CARBON SEQUESTRATION FACILITY WITHIN UNDEVELOPED CITY-OWNED PROPERTY, SOUTH OF THE LANDFILL. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-114 2. Consider a request for amendments to the Zoning Ordinance concerning the Board of Adjustment, Section 28.02.005(3)(B). In order for the Board of Adjustment to grant a variance, the applicant has the burden to prove all of the following: (A) That the granting of the variance will not be contrary to the public interest; and (B) That literal enforcement of the chapter will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation or physical condition unique to the specific piece of property in question. "Unnecessary handicap [hardship]" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant's or property owner's own actions; and (C) That by granting the variance, the spirit of the chapter will be observed, and substantial justice will be done. However, as is the case in most cities' states, economic hardship is not a basis to grant a variance. However, Texas House Bill 1475 amended the Local Government Code to require that Texas cities allow economic hardship as one of the justifications for granting a variance in some limited circumstances, provided all other requirements for a variance to be granted Minutes— April 25,2023 are adhered to. Specifically, the Board may also consider the following economic impacts: (1) the financial cost of compliance is greater than 50 percent of the appraised value of the structure as shown on the most recent appraisal roll certified to the assessor for the municipality under Section 26.01, Tax Code; (2) compliance would result in a loss to the lot on which the structure is located of at least 25 percent of the area on which development may physically occur; In addition, the following factors may also be considered: (3) compliance would result in the structure not being in compliance with a requirement of a municipal ordinance, building code, or other requirement; (4) compliance would result in the unreasonable encroachment on an adjacent property or easement; or (5) the municipality considers the structure to be a nonconforming structure. However, it again is important to mention that while these additional justifications are now eligible for consideration, for a variance to be approved, all requirements outlined in the ordinance must be proven by the applicant. In order to comply with State statutes, the Planning staff is recommending amendments to Section 28.02.005(3)(B). At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to approve the request for amendments to the Zoning Ordinance concerning the Board of Adjustment, Section 28.02.005(3)(B). Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING THE BOARD OF ADJUSTMENT, SECTION 28.02.005(3)(B). Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-037 3. Consider approving a Specific Use Permit to allow swimming lessons in the RS (Residential Single-Family Dwelling) District located at 4890 Brace Street. Homeowner, Raymond Ford, is requesting a Specific Use Permit to offer swimming lessons at 4890 Brace Street. In July of 2022, the Planning Division cited Mr. Ford for conducting swimming lessons in his backyard pool without the benefit of an approved Specific Use Minutes— April 25,2023 Permit. The Planning Division received complaints regarding parking issues due to the swimming lessons offered at his residence. Like A Fish has been providing services since July of 2019 and has served over 500 children and 150 adults to learn to swim. The program starts mid-May and ends mid-September. Lessons for children are Monday, Tuesday, and Thursday from 5:30 p.m. to 8:30 p.m. Lessons for adults are Friday, Saturday, and Sunday at various times during daylight hours. Including himself, Mr. Ford staffs two (2) to three (3) employees to teach swimming lessons. At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow swimming lessons in the RS (Residential Single-Family Dwelling) District located at 4890 Brace Street, with the following condition: 1. Per Engineering, the driveway can accommodate six (6) cars and nine (9) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Approval of the ordinance, with the following condition: 1. Per Engineering, the driveway can accommodate six (6) cars and nine (9) cars can park on the street. At no point shall cars block driveways or restrict life safety vehicles to navigate the neighborhood. The owner of the business shall be responsible for enforcing such parking restrictions. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW SWIMMING LESSONS IN RS(RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4890 BRACE STREET,WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-038 4. Consider approving an Amended Specific Use Permit to expand a parking lot in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1350 W. Lucas Drive. John Wilson requests approval of an Amended Specific Use Permit to expand a parking lot located at 1350 W. Lucas Drive. All new land uses within the GC-MD-2 zoning district requires a Specific Use Permit. Mr. Wilson intends to demolish the existing office and expand the parking lot to accommodate customers and employees dining at his restaurant, J. Wilsons. Minutes— April 25,2023 Section 28.04.006(f)(7) states, "when a Specific Use Permit is required, the landscape buffering and fencing required by this section may be modified or eliminated as a condition of a specific use permit." Mr. Wilson requests a waiver to the perimeter landscaping requirement along the north property line; however, he does intend to install an 8' wooden fence to screen the parking lot from the residences to the north. Per Engineering, the proposed parking layout is feasible; however, the southern driveway may need to be shifted to the south approximately 15' to align with the drive aisle or the first few spaces in front of the existing driveway may need to be eliminated and marked "no parking." At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to expand a parking lot in the GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at 1350 W. Lucas Drive, with the following conditions: 1. The expansion will not require perimeter landscaping along the northern property line. 2. Along Lucas Drive and the gravel parking lot, a 6' landscape buffer shall be installed and in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Adhere to all applicable Engineering requirements. 4. Submit an acceptable parking layout to Engineering through the proper permitting process. Approval of the ordinance, with the following conditions: 1. The expansion will not require perimeter landscaping along the northern property line. 2. Along Lucas Drive and the gravel parking lot, a 6' landscape buffer shall be installed and in compliance with Section 28.04.006 Landscaping and screening requirements. 3. Adhere to all applicable Engineering requirements. 4. Submit an acceptable parking layout to Engineering through the proper permitting process. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A PARKING LOT IN THE GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT AT 1350 W. LUCAS DRIVE,WITH THE CONDITIONS,IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes— April 25,2023 MOTION PASSED ORDINANCE 23-039 5. Consider approving a Specific Use Permit to allow a carpentry business in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 1009 Orange Avenue. Javier Ralda requests approval of a Specific Use Permit to allow a carpentry business located at 1009 Orange Avenue. The operations of the business entail manufacturing of kitchen cabinets, bathroom vanities, bedroom closets and office cabinets. The facility will be used for carpentry along with storing materials. The hours of operation are Monday through Friday from 9 a.m. to 5 p.m. with two (2) carpenters onsite. The Board of Adjustment reviewed a request for a special exception to waive off-street parking and loading requirements for the carpentry shop on April 6, 2023. The Board approved the request. This approval allows the carpentry business to move forward with three (3) parking spaces and one ADA parking space as notated in the site plan. At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a carpentry business in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 1009 Orange Avenue, with the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Shall be in compliance with all applicable Building and Fire Codes. 3. Outside storage of construction materials shall not be permitted. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. Approval of the ordinance, with the following conditions: 1. Shall be in compliance with Section 28.04.007 Performance Standards. 2. Shall be in compliance with all applicable Building and Fire Codes. 3. Outside storage of construction materials shall not be permitted. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's backflow, pre- treatment and/or FOG program. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CARPENTRY BUSINESS IN A GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1009 ORANGE AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Getz seconded the motion. Minutes— April 25,2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-040 6. Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 2560 Interstate 10 East. Fayyaz Ahmed requests approval for a Specific Use Permit to allow a gaming facility located at 2560 Interstate 10 East. Mr. Ahmed intends to install thirty (30)gaming machines with two (2) staffed individuals and operational hours of 10 a.m. to 10 p.m., Monday through Sunday. Security will be provided through and alarm system and cameras. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity to city-owned property to the north, hotels to the west, a church and city-owned park to the east, and two (2) high density apartments located off Sweet Gum Lane. In regard to consideration of safety, 911 reports indicate from January 1, 2020, to March 28, 2023, there have been two-hundred nineteen (219) calls made in relation to the suites within the Town Center Shops Plaza. At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 2560 Interstate 10 East. Denial of the ordinance. Councilmember Samuel moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN AN GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED AT 2560 INTERSTATE 10 EAST IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION DENIED Minutes— April 25,2023 7. Consider approving a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 3010 Washington Boulevard. Khaja Hussain and Bichly Pham request approval for a Specific Use Permit to allow a gaming facility located at 3010 Washington Boulevard, Suite B. They intend to install fifty(50)gaming machines with one office manager present and operational hours of 8 a.m. to 10 p.m., Monday through Sunday. The office manager will also be the security guard and will have customers sign in before they play on the gaming machines. It should be noted that gaming facilities that have five or fewer machines tend to be considered accessory in nature, when part of a primary use, and as such tend to result in fewer negative impacts on surrounding land uses. However, larger game rooms with dozens of machines take on the scale of a small casino and as a result, require careful consideration as to their location and compatibility with surrounding land uses. Some of these considerations include compatibility with other land uses, noise, and traffic as well as safety considerations. As such, proximity to parks, schools and especially residential uses should be carefully considered in the review of gaming facilities. This property is in close proximity with two (2) existing churches and abuts residential single- family zoned properties. Additionally,the shared parking lot has thirty-six(36) existing spaces for the shopping plaza and the proposed gaming facility would require thirty-three (33) of those spaces. Therefore, 92% of the parking lot may be occupied by customers for the gaming facility, which may lead to conflict amongst tenants, per Engineering. At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to deny the request for a Specific Use Permit to allow a gaming facility in the GC-MD (General Commercial-Multiple Family Dwelling) District located at 3010 Washington Boulevard. Denial of the ordinance. Councilmember Getz moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GAMING FACILITY IN A GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3010 WASHINGTON BOULEVARD IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED MOTION DENIED 8. Consider approving a request to abandon a portion of the Carpenter Road right-of-way. Chris Phillips is requesting to abandon of a portion of Carpenter Road located between Oak Ridge Street and Broussard Road. Approval of this request will allow Mr. Phillips to care for the right-of-way as vegetation has taken over the pavement due to constant flooding. The city does have a water line and streetlights within the existing right-of-way and a sewer line nearby. Minutes— April 25,2023 At a Joint Public Hearing held on April 17, 2023, the Planning Commission recommended 6:0 to approve the request to abandon a portion of the Carpenter Road right-of-way, with the following conditions: 1. Shall retain the existing right-of-way as an easement. 2. Any streetlights within the abandonment will convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights will need to be removed. 3. No permanent structures or appurtenances shall be placed within the easement property. The city will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 4. If a fence is to be installed, a minimum 6' wide gate shall be provided for city crews to access the easement. 5. If approved, the applicant shall obtain an Appraisal and Title Search for the property to be abandoned at their expense.Appraisal and Title Search must be submitted to the Planning Office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Approval of the ordinance, with the following conditions: 1. Shall retain the existing right-of-way as an easement. 2. Any streetlights within the abandonment will convert to private security lights within a private property upon approval of the abandonment. Security lighting is optional and therefore, billing for continued usage shall be transferred to the owner or the lights will need to be removed. 3. No permanent structures or appurtenances shall be placed within the easement property. The city will not be responsible for any surface restoration when water and/or sanitary sewer repairs are necessary within the City of Beaumont water line or sanitary sewer line easement. 4. If a fence is to be installed, a minimum 6' wide gate shall be provided for city crews to access the easement. 5. If approved, the applicant shall obtain an Appraisal and Title Search for the property to be abandoned at their expense.Appraisal and Title Search must be submitted to the Planning Office along with proof that payment has been arranged prior to the item being placed on the City Council's agenda. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A PORTION OF THE CARPENTER ROAD RIGHT-OF-WAY LOCATED BETWEEN OAK RIDGE STREET AND BROUSSARD ROAD, CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Mayor Pro Tem Durio seconded the motion. Minutes— April 25,2023 AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-041 COMMENTS * Public Comments (Persons are limited to three minutes) Janet Polar 5320 Phelps Rd. Beaumont TX Stated that she's seen the negative commercials and has heard the negative comments, received negative mailings in reference to this election, it's very disappointing to see how people are willing to follow all of the negativity, they forget about the good that's been done and the work that Mayor Mouton is doing presently, citizens have yet to see everything come to fruition that the Mayor is working on, stated that the Mayor is a wonderful role model, not only for all young people but especially for young girls and young ladies of color, Mayor Mouton is the first black female to be Mayor, Ms. Polar stated that she was the first black female to be a Lieutenant in her Fire Department so she knows exactly what the Mayor feels like, the Mayor is the face of Beaumont, she represents the citizens in a positive manner wherever she goes, she shows people that Beaumont has diversity and that things are possible, yes she travels, if anybody knows anything about leadership part of their responsibility is to travel, meet other leaders and to have discussions along with meetings and to come back and make the city stronger, while it's a shame that other people take their time to be negative and make disparaging comments about the Mayor, she needs to remember when they go low you go high, also stated that since her history is twenty years of service as a Fire Fighter, an EMT as well as a Hazardous Material Specialist, there is a solution to the EMS problem in the City of Beaumont, their cities were very similar, they had a similar problem, however, they came to a crossroads in the mid 90's, in 1994 they started discussing taking over the EMS responsibilities from their contracted provider, they weren't able to meet the needs of their city, after many debates, numerous meetings with the union leaders and with the leadership of the fire department they came to a decision, they incorporated many of the paramedics from the EMS provider, if the fire fighters were able to meet the standards they were cross trained to fire fighter/paramedics, if they were not able to meet the standards they remained as EMT paramedics, they were city employees and they were on the state retirement system, the fire fighters that were able to be paramedics that were within the ranks, and those that were paramedics prior to coming to the city that trained as fire fighters were the ones that were allowed to remain in the fire and police retirement system, stated that there is a solution but it won't be easy, it's going to be difficult, there will be a lot of groaning and moaning but it can be done, over 16,000 EMS calls we answered every year, they had six ALS engines, seven ALS ambulances housed in their fire department, within the first year of the transition of the fire department being incorporated they found that in the first year their response time was better, the complaint levels from the citizens went down, they transported 76% of the calls that they went on to the facilities in their city, all of their personnel had to be trained to a shock trauma level, did remind Council that this was back in the 90's, after everything changed, everyone was trained to an enhanced level which is an intermediary EMT, they are able to administer medications, Minutes— April 25,2023 everything was done under the physicians licensure, every EMT that was able to provide advance life support whether they were a paramedic or enhanced work under the licensure of whatever physician the city agreed on, they met that need and they had to perform their duties according to that physician, back in 1994 they took over, in 1996 everything was put into effect, by the end of 1996 the reports that came back showed the cost effect nature of being incorporated, they weren't paying a contractor to do a job that they were having difficulty doing, they weren't having issues with people that were out of shape and not able to perform the duties in the fire service, stated that there were certain people that were just not cut out to be fire fighters, the citizens of Beaumont deserve the best service, also made additional comments relating to this matter Albert Harrison 1240 Ashley Beaumont TX Stated that he spoke at Council on last week to complain and talk about 1163 Evalon, which is property that he owns, the job isn't complete at this time, the entire community ditches need to be dug out and dug out properly, the ditch that he complained about last week on his property wasn't dug out properly and water is still remaining in the cross walk and in the pipe, the water shouldn't be there, the water should flow somewhere, also the workers stopped about halfway in digging out the ditch towards Forest Street going east, the rest hasn't been done, on the north side it's cleaned out properly and looks good, most people don't understand that the ditches need to be cleaned out and that it hasn't been done in over twenty years Kim Miller 2328 Poplar St. Beaumont TX Commented on the Animal Shelter on Pine St., thanked them for finally taking care of a situation, however, it took a little over a month for them to come and pickup a dog that was abandoned, they asked her to fill out some paperwork at their office as well as surveillance from her camera, she did that, the dog would turn over her trash, sleep on her front porch, she couldn't go out her front door she had to go out the back door, her daughter would come home from work at night and someone would have to get up and go outside to ward the dog off so she could get in the house, one of the officers from Animal Control came out three times in one day and finally at 11:45 p.m. they were able to get the dog, asked why did it take a month or longer to take care of this situation, also stated that she's been living at her residence for about forty five years, the properties around her have been torn down, knows that people are sent out to cut the lawn but now it has become almost a forest and a jungle around her home, no one cuts the trees, the trees are hanging on the fences and have become a nuisance, wants to know what can be done regarding getting some of the trees cut, the city sends people out to cut the grass and they cut around the trees, had the grass been cut properly in the beginning it would never have been trees to grow there, had comments regarding Charlton Pollard Park, she's having a graduation party for her daughter who is graduating from college on May 12, 2023, she was told on yesterday that there's no water supply, wants to have a crawfish boil and wants to be able to purge the crawfish, asked what could be done about a water supply being put at Charlton Pollard Park Vernon Durden 16436 Westbury Rd. Beaumont TX Asked that the City Attorney share the emails with Council that he shared with her about a piece of property that has been erroneously identified, at 6:10 p.m. today Chris Boone made a statement that no ordinance is perfect, his property is being mischaracterized, he's receiving letters on demolition, stated that when he bought the property it was a residence, Minutes— April 25,2023 he's never used the property in any other way, the property was demolished as a residence but the letter is stating that it was demolished as commercial, he will leave copies of the mail that he's received and has been receiving for about ten years with the City Clerk, requested a meeting with the City Council LaTosha Batiste (homeless no address given) Beaumont TX Stated that she's already sent Council an email regarding a group of guys in the area that has been using drugs to rape women, she hasn't received a response from anyone, has been investigating and thinks something needs to be done because it's been going on for a long time, she's done all that she can, she has PTSD because they raped her and murdered the child that she was carrying, she's not a cop nor an attorney and needs this to be investigated, they will continue to do these acts, she's a victim and shouldn't have to do this much work James Eller 3587 E. Lucas Dr. Beaumont TX Thanked Councilmembers Feldschau and Getz for the first and second to deny the increases of salaries for Council, also thanked Councilmember Turner for stating the reasons why Council needed to hold off on voting for the increase, it should go to the voters, commented on the city having a lot of law suits, wanted to know what's the problem, it seems like there's an increase in law suits, wanted to know if there's a public information area that he could go to that would state the facts regarding these law suits, commented on red tags and the fact that his own home that's been red tagged, there's large buildings downtown and one in particular is the former Texas Workforce Solutions building, located at 304 S. Pearl St., this building has had fire damage to the third floor and has been run through by vandals, it's not the property owners fault, that building hasn't being red tagged, it's unsafe and not secure, why hasn't it been red tagged, the building should be secured, that goes for home owners as well as property owners that own big buildings, still want to push for body worn cameras being worn by the Police Department, this needs to be pushed for the benefit of the citizens Kenneth Earls 1265 Condon Beaumont TX Stated that he's a retired fireman with the City of Arlington, fire fighters won't be happy with what he's about to say, it's Council's job to spend the money for the citizens, those individuals that don't like it, move on, those individuals that want to comply and accept what the City Manager and the Fire Chief place before them so be it, spoke regarding the three levels of EMT, Basic Advance which used to be the EMTI Program with paramedics, when he was in the City of Arlington the City Council mandated in the eighty's that fire fighters would become EMTI's, everything that a paramedic did the fire fighters had to do also, they couldn't dispense but two drugs and that was the lower level, they were the first in this state that went to the EMTI program, if the fire fighters didn't like it the Chief told them to find another job in the city, if they couldn't find a job in the city they needed to move on, a lot of the older individuals grumbled, but they got that EMTI because it carried a stipend that was $200.00 more a month, wanted the Council to know that the fire and police departments are under the purview of the City Manager and their bosses that promoted up, they have no say, they follow the rules or leave this city, stated that the last time he attended the meeting it was said that 195 fire fighters don't live in the city, that's his money that they are taking and spending in other cities, it's your money that they are taking in other cities and spending, would like to see in the next charter that future fire fighters have to live in the City of Minutes— April 25,2023 Beaumont, there's nothing that can be done about the older ones, that's not negotiable, if they can't live in the City of Beaumont they should find another job Addie Allen 9695 Gross St. Beaumont TX Stated that she's not a fire fighter but past professions have included health and safety, the city has had tornadoes etc., and has come to the podium every time, she's appalled because the city had a notice last week at 1:00 a.m., it wasn't different for anything else such as a tornado versus a child being abducted, when is this going to get fixed, knows that the City Manager said staff is working on a siren work shop, lives have been lost in quiet a few states, to save lives is so important, would love for this Council not to be slow when looking at this, the weather is different now, what are we going to do, a lot of tornadoes by statistics come during the night when you're asleep, if we have to have more fire fighters to respond because it's all connected then we need to get on board, we have elections now and hasn't heard anybody talk about sirens, that's saving lives, we are paying taxes, how long does it take, she's supplied names of suppliers so that's not an excuse, if staff is working on it how long does it take them, do we have to have lives lost, all we have to do is get sirens, stated she won't talk about planes because if there's high winds someone in aviation knows about it, informed Councilmember Getz that she's praying for his wife Sheryl Jackson 862 Porter St. Beaumont TX Spoke to Council regarding the loss of a legend and icon in the community Coach Philip Sweat, stated that he was with BISD for about fifty years, he was not only a teacher and coach but a father to the fatherless, he was a small man in statue but huge in character, he had a phenomenal impact with every student he came in contact with, asked that a street be named in honor of Coach Phillip Sweat, the location that she's suggesting is on the side of Charlton Pollard Elementary School which is Jackson Street, it's one block from Brooklyn to Irving, that was the original location of Dunbar School back in the day, he will not be forgotten and he will live on regardless, however, to honor him she would appreciate that Council would honor Coach Phillip Sweat * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - THANKED MS. POLAR FOR SPEAKING EARLIER, IT'S VERY REFRESHING TO HAVE INFORMED CITIZENS COME TO THE PODIUM AND ACTUALLY SPEAK UP AND TRY TO OFFER SOLUTIONS TO HELP OUT WITH A SITUATION, STATED THAT IN CASE ANYONE HAS FORGOTTEN HE DOES KNOW WHAT IT IS TO BE A FIRE FIGHTER AND WHAT THEY GO THROUGH, HE DID IT FOR THIRTY ONE YEARS, ATTENDED A GROUND BREAKING AT LIT FOR THE WORKFORCE AND ALLIED HEALTH TRAINING CENTER,THE FACILITY SHOULD BE COMPLETED IN AUGUST OF 2024, THIS WILL BE A TRAINING CENTER FOR NURSING ETC., THE GREAT THING ABOUT THIS IS THAT THEY STUDENTS WILL BE ABLE TO GET AN ASSOCIATES DEGREE AND WHEN THEY MOVE OVER TO LAMAR UNIVERSITY THEY WILL BE ABLE TO TAKE ALL OF THEIR ACCREDITED HOURS WITH THEM, THAT'S SOMETHING THAT'S NEEDED Minutes— April 25,2023 COUNCILMEMBER GETZ - STATED THAT HE WOULD ALSO LIKE TO SEE MORE FIRE FIGHTERS AND POLICE OFFICERS LIVING IN THE CITY OF BEAUMONT AS WELL, ASKED THE CITY ATTORNEY TO SPEAK TO THIS, HE'S BEEN TOLD THAT THERE'S SOME COURT CASES THAT PREVENTS THE CITY FROM REQUIRING THAT, (CITY ATTORNEY REED STATED THAT THE STATE CONSTITUTION HAS DECLARED THAT TO BE UNCONSTITUTIONAL UNLESS THERE IS A COMPELLING REASON, CURRENTLY THE CITY CHARTER REQUIRES THAT THE CITY ATTORNEY AND THE CITY MANAGER RESIDE IN THE CITY OF BEAUMONT, THERE HAS BEEN COURT CASES THAT DETERMINE THAT THERE IS NO COMPELLING GOVERNMENTAL INTEREST TO REQUIRE EMPLOYEES OF THE CITY WHETHER THEY ARE POLICE,FIRE OR YOUR PUBLIC WORKS DIRECTOR FOR EXAMPLE TO RESIDE IN THE CITY OF BEAUMONT OR RESIDE IN THE CITY WHERE THEY WORK,THE CITY DOES GIVE HIRING PREFERENCES TO CITIZENS BUT THEY CANNOT EXCLUDE ANYONE THAT LIVES OUTSIDE THE CITY), COUNCILMEMBER GETZ STATED THAT HE WAS AFRAID SHE WOULD SAY THAT, STATED TO COUNCILMEMBER NEILD THAT IT WAS HIS UNDERSTANDING THAT HIS WIFE WAS IN AN ACCIDENT, PRAYS THAT SHE RECOVERS COUNCILMEMBER TURNER- STATED THAT HE AGREES THAT THERE SHOULD BE MORE FIRE FIGHTERS AND POLICE OFFICERS THAT RESIDE IN THE CITY OF BEAUMONT AND THEY MAY NOT BE ABLE TO FORCE IT BUT, THEY CAN MAKE INCENTIVES SO STRONG THAT THEY CAN CONSIDER IT, HE HAS ASKED FOR THIS PREVIOUSLY, HE WAS THE ONE THAT ASKED HOW MANY FIRE FIGHTERS RESIDE IN THE CITY OF BEAUMONT,WHEN THEY WERE INFORMED OF THE ALARMING NUMBER HE ASKED THE CITY MANAGER TO LOOK AT NOT ONLY THE FIRE DEPARTMENT BUT ALSO THE POLICE DEPARTMENT, WOULD LIKE TO SEE A STRONG INCENTIVE PACKAGE TO INSPIRE THOSE GUYS TO LIVE AND RESIDE IN THE CITY OF BEAUMONT, REMINDED EVERYONE THAT EARLY VOTING IS GOING ON,ALSO WOULD LIKE A FIRM UPDATE FROM THE CITY MANAGER AND CITY ATTORNEY, STATED THAT HE AND COUNCILMEMBER GETZ HAD THE HONOR OF SITTING DOWN WITH NIGHT LIFE OWNERS, THERE'S BEEN A FEW INCIDENTS IN THE PAST WHEREAS THERE WERE ISSUES IN THE PARKING LOTS OF NIGHT LIFE'S, BARS AND CLUBS, WOULD LIKE AN UPDATE REGARDING THE NIGHT LIFE TASK FORCE, KNOWS THAT THERE WAS A SECOND FOLLOW UP BUT, IT'S GETTING TO A POINT WHERE TIME IS GOING ON AND THE CITY OWES THOSE GUYS A THIRD MEETING AND A FIRM ANSWER AS TO WHAT THE CITY CAN DO TO ASSIST THEM, HE WANTS TO KEEP THE ACCOUNTABILITY LEVEL OF WHAT WAS INITIATED, COMPLIMENTED THE PARKS DEPARTMENT, HE VISITED CHARLTON POLLARD SCHOOL TO SPOKE AT A PEP RALLY, HE WAS INFORMED THAT THE STUDENTS GET TO PICK AND VOTE ON HOW THE PARK EQUIPMENT WILL LOOK,THAT SHOWS THAT THE CITY HAS A WORKING RELATIONSHIPS WITH BISD,THAT'S Minutes— April 25,2023 VERY IMPORTANT, ALWAYS WANTS TO HIGHLIGHT THE POSITIVE, COMPLIMENTED TODD SIMONEAUX, FINANCE DIRECTOR AND HIS STAFF FOR THE GREAT JOB THEY DO, STAR TESTING IS GETTING READY TO START, THIS TEST MAKES THE KIDS VERY NERVOUS SO BE SURE AND LOVE ON YOUR KIDS AND MAKE SURE THEY ARE ENCOURAGED AND EAT THEIR BREAKFAST AND BE AT SCHOOL ON TIME, ALSO MADE COMMENTS REGARDING THE YOUTH ADVISORY COUNCIL AND SAM MARCHAND WHO WAS IN THE AUDIENCE, ASKED TINA BROUSSARD, CITY CLERK,TO GET WITH SHERYL JACKSON A CITIZEN THAT SPOKE EARLIER REGARDING HOW A PETITION FORM IS DONE TO RENAME A STREET,APPRECIATES THE CITY MANAGER FOR ALWAYS MAKING SURE THAT CITIZEN COMMENTS ARE ADDRESSED AND COUNCIL IS ALSO UPDATED AS WELL AFTER THEY MAKE PUBLIC COMMENTS COUNCILMEMBER FELDSCHAU - STATED THAT EARLY VOTING IS GOING ON AT THIS TIME,HAD A CITIZEN CALL HIM TO INQUIRE AS TO WHY THE POLLS WERE CLOSING AT 5:00 P.M.AND PEOPLE THAT GET OFF FROM WORK CAN'T MAKE IT IN TIME TO VOTE, ASKED THAT EVERYONE REMEMBER THAT EARLY VOTING WILL BE TOMORROW THROUGH SATURDAY 8:00 A.M.TO 5:00 P.M.,SUNDAY 12:00 P.M.TO 5:00 P.M.,AND MONDAY AND TUESDAY,7:00 A.M.TO 7:00 P.M., AND SATURDAY, MAY 6, 2023, 7:00 A.M.TO 7:00 P.M., SO THERE'S STILL AN OPPORTUNITY TO VOTE, APPRECIATES EVERYONE GETTING OUT TO VOTE COUNCILMEMBER SAMUEL - THANKED CITY EMPLOYEES, THE CITY HAS SOME GREAT EMPLOYEES AND IT SHOWED TODAY, THANKED TODD SIMONEAUX, FINANCE DIRECTOR AND HIS STAFF, THE CITY HAS CONTINUED TO HAVE THIRTY-SIX YEARS OF EXCELLENT REPORTS,AS WELL AS THE MONEY THAT WAS RECEIVED FROM FEDERAL AWARDS,THANKED THE CITY MANAGER FOR GOING OUT AND VISITING WITH MS. PEARLY, IT'S HARD TO PLEASE MS. PEARLY BUT, SHE WAS VERY PLEASED, STATED TO MS. JACKSON THAT CHARLTON POLLARD IS GETTING TO A PLACE THAT IT NEEDS TO BE, WHICH IS THE HISTORICAL STATUS, COMMENTED ON THE FACT THAT ANYTHING THAT COMES TO COUNCIL IT WILL EITHER COME FROM STAFF OR AT LEAST TWO COUNCILMEMBERS, HE WAS SURPRISED WHEN HE SAW THE ITEM FOR INCREASES IN SALARIES FOR THE COUNCIL COUNCILMEMBER NEILD - STATED TO COUNCILMEMBER SAMUEL,SINCE HE BROUGHT UP THE SUBJECT OF THE COUNCIL RAISES HE DIDN'T MIND COMMENTING ON IT, IT'S HIS INTERPRETATION OF THE CHARTER THAT THE SITTING COUNCIL CANNOT RAISE THE SALARY OF THE CURRENT COUNCIL'S TERM, THERE WAS DISCUSSION TO POSSIBLY PUT THE ITEM ON THE BALLOT FOR THE CITIZENS TO VOTE ON, IT'S ALSO HIS INTERPRETATION THAT HE DOESN'T THINK THAT CAN HAPPEN EITHER, THE INCREASE WOULD HAVE TO BE VOTED ON BY THE COUNCIL Minutes— April 25,2023 BUT, ONLY FOR THE NEXT TERM, IN THE SITUATION THAT THEY ARE IN RIGHT NOW THE VOTE WOULD HAVE TO TAKE PLACE BEFORE MAY 6, 2023, DOESN'T KNOW IF PUTTING IT ON THE BALLOT FOR A VOTE IS THE PROPER SOLUTION, THINKS THE PROPER SOLUTION IS A WORK SESSION DOWN THE ROAD TO DISCUSS FOR A FUTURE COUNCIL, CONGRATULATED THE NECHES RIVER FESTIVAL ON A SPECTACULAR EVENT THIS PAST WEEKEND, REMINDED EVERYONE TO GET OUT AND VOTE CITY MANAGER WILLIAMS - NONE CITY ATTORNEY REED - STATED SHE HAD SEVERAL CLARIFICATIONS, DOESN'T BELIEVE THAT HER STATEMENT AT THE LAST MEETING REFERRED TO THE CITIZENS AS BEING IGNORANT AND IF SHE DID IT WAS A COMPLETE LACK OF JUDGEMENT,THINKS WHAT SHE SAID WAS THAT THERE WAS A COMPLETE LACK OF VERBAL EDUCATION AS IT RELATES TO SOME OF THE WORDING IN CHARTER AMENDMENTS, WANTED TO BE CLEAR FOR THE VOTERS, DOESN'T WANT THAT TO BE OUT THERE, STATED THAT THE CITY LAW SUITS ARE FILED PUBLICLY AS WELL AS ALL SETTLEMENTS, ANYONE THAT WANTS TO KNOW WHAT THE FACTS OR PARTICULARS ARE THEY ARE FILED AT THE STATE OR FEDERAL LEVEL, THEY CAN RETRIEVE THAT INFORMATION FROM THE COURTS,THOSE DOCUMENTS AREN'T SEALED,ALSO STATED THAT AS IT RELATES TO MR. VERDON DURDEN'S REQUEST, SHE HAS FORWARDED THOSE EMAILS TO THE CITY MANAGER BUT WILL FORWARD THE EMAILS TO THE ENTIRE COUNCIL PER MR. DURDEN'S REQUEST, HOWEVER, ANY MEETING WITH THE QUORUM OF COUNCIL IS CONSIDERED PUBLIC SO THAT MEETING WOULD NEED TO BE PRIVATE, IT WOULD BE A POSTED PUBLIC MEETING LIKE ALL OTHER MEETINGS ASST. MANAGER BOONE - ANNOUNCED THE VIVA BEAUMONT HISPANIC HERITAGE FESTIVAL, SUNDAY MAY 30, 2023, FROM 3:00 P.M. TO 8:00 P.M., THERE WILL BE FOOD TRUCKS, LIVE ENTERTAINMENT, WRESTLING ETC., IT WILL BE FREE TO THE PUBLIC, ENCOURAGED EVERYONE TO COME OUT AND ENJOY PW DIRECTOR BARTKOWIAK- NONE ASST. MANAGER JUNE ELLIS - NONE FINANCE OFFICE SIMONEAUX - NONE CITY CLERK BROUSSARD - NONE MAYOR MOUTON - STATED THAT ON TODAY THEY DID AN UNVEILING OF THE CHARLTON POLLARD HISTORICAL STREET SIGNS AT THE CORNER AND INTERSECTION OF IRVING AND MADISON STREETS, NEIGHBORS WERE VERY EXCITED TO SEE THE SIGN Minutes— April 25,2023 GO UP, THE UNVEILING WAS WELL ATTENDED, ANNOUNCED 409 DAY THIS SATURDAY, APRIL 29, 2023, AT TYRRELL PARK,THANKED MAYOR PRO TEM DURIO FOR ATTENDING THE GROUND BREAKING OF THE NEW BUILDING FOR LIT IN HER ABSENCE EVEN THOUGH IT'S IN HIS WARD AS SHE WAS UNABLE TO ATTEND, SHE WAS HERE AT CITY HALL FOR A MEETING ON THE BUDGET, THANKED CFO TODD SIMONEAUX AND HIS STAFF FOR THE GREAT JOB THEY DO,ATTENDED A PEP RALLY FOR THE KICKOFF OF THE STAR TEST AT REGINA HOWELL, THANKED SAM MARCHAND FOR THE ROLE THAT HE PLAYS WITH THE YOUTH ADVISORY COMMITTEE,HE'S ALWAYS ATTENDING THE COUNCIL MEETINGS AND ALWAYS ENGAGED, NICE TO SEE A FULL ROOM AT AN EVENING MEETING,THANKED MS. POLAR FOR HER COMMENTS EARLIER, THANKED EACH AND EVERY PERSON THAT ATTENDED THE MEETING, GO OUT AND SPREAD THE LOVE With there being no Executive Session, Council adjourned at 7:22 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes— April 25,2023 B BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to apply for and receive $1,574,521 in funding through the Department of Homeland Security 2023 Port Security Grant Program. BACKGROUND The Homeland Security Grant Program consists of a number of grants, one of which is the Port Security Grant Program(PSGP). This grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it since the Port is designated as critical to national infrastructure. The requested projects total $2,236,027. The federal grant request is $1,574,521,with Beaumont's match not to exceed $661,506. • $1,470,000 will provide backup power for the entire Municipal Court Building. The local match will not exceed $470,000. • $215,992 will fund IT equipment for the police Real Time Crime Center(RTCC)project to include computers, software,telephones,monitors, and electronics for video and data sharing to other parts of the building, as well as Police and Fire dispatch centers. Local match is $53,998. • $275,000 will fund a data integration software and hardware platform. Through community partnerships,this will integrate camera and data access into a single manageable platform. This will enhance the effectiveness of the Real Time Crime Center, improve police response, aid investigations, and increase public safety. The match will not exceed$68,750. • $275,035 will be used to fund workstations for the RTCC to include (6)workstations, (1) dispatch console, and(3) conference tables with power data troughs. Local match is $68,758. FUNDING SOURCE Capital Reserves Fund to be budgeted in FY 24 match$661,506.00. This can be split into the 2024 and 2025 fiscal years if necessary. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the Port is designated as critical to national infrastructure; and WHEREAS, the Homeland Security Grant Program consists of a number of grants, one of which is the Port Security Grant Program (PSGP); and WHEREAS, the Port Security Grant Program (PSGP) can be utilized to enhance the security of the Port of Beaumont and the agencies that support it; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the requested projects total $2,236,027.00, the Federal Grant request $1,574,521.00, with Beaumont's match not to exceed $661,506.00; and, THAT the City Manager or his designee be and are hereby authorized to apply for and receive the Port Security Grant Program (PSGP) in the amount of $1,574,521.00. 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 2nd day of May 2023. - Mayor Robin Mouton - c BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount up to $70,000 through the U.S. Department of Justice Project Safe Neighborhoods Block Grant Program (PSN). BACKGROUND Council approved 23-099 at the April 18, 2023 meeting. The state requires the Resolution to include specific statements to be included in the final resolution. FUNDING SOURCE No local match is required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council finds it in the best interest of the citizens of Beaumont, that the Project Safe Neighborhoods Block Grant Program (PSN) be operated for fiscal year 2024; and WHEREAS, the City Manager be and he or his designee is hereby authorized to apply for and receive funding in an amount up to $70,000 from the United States Department of Justice through the Office of the Governor, Public Safety Office, Criminal Justice Division for fiscal year 2024; and WHEREAS, the City of Beaumont agrees to provide applicable matching funds for the said project as required by the Project Safe Neighborhoods Block Grant Program; and WHEREAS, in the event of loss or misuse of the 2024 Project Safe Neighborhoods Block Grant Program funds, the City of Beaumont assures that funds will be returned in full to the Office of the Governor, Public Safety Office, Criminal Justice Division; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, the City Manager be and he or his designee is hereby designated as the authorized official. BE IT FURTHER RESOLVED THAT, the authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency from the Project Safe Neighborhoods Block Grant Program through the Office of the jE 11 !y} ( Governor, Public Safety Office, Criminal Justice Division in the amount up to $70,000 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 2nd day of May 2023. - Mayor Robin Mouton - Grant No: 4900101 f K l E D BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Infrastructure Engineering & Construction, LLC, from Houston, for the Pine Street Electrical Building Flood Protection Improvements Project. BACKGROUND On June 29, 2021,by Resolution No. 21-156, City Council awarded a contract to Infrastructure Engineering& Construction,LLC, of Houston, in the amount of$522,464.00, for the Pine Street Electrical Building Flood Protection Improvements Project. Proposed Change Order No. 1, in the amount of($111,738.68), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 321 calendar days to reflect the actual time used in the completion of the project. If approved,the adjustment in quantities would result in a final contract amount of$410,725.32. The project has been inspected by Freese&Nichols, Inc., and Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance, and final payment in the amount of$75,505.02 is recommended. FUNDING SOURCE Federal Emergency Management Agency (FEMA) in the amount of $391,848.00 and Capital Program in the amount of$18,877.32. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 29, 2021 the City Council of the City of Beaumont passed Resolution No. 21-156 awarding a contract in the amount of$522,464.00 to Infrastructure Engineering & Construction, LLC, of Houston, Texas, for the Pine Steet Electrical Building Flood Protection Improvements Project, and, WHEREAS, Change Order No. 1, in the amount of ($111,738.68), is required to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 321 calendar days to reflect the actual time used in the completion of the project, thereby reducing the total contract amount to $410,725.32; 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 execute Change Order No. 1, in the amount of ($111,738.68), thereby reducing the total contract amount to $410,725.32 for the Pine Steet Electrical Building Flood Protection Improvements Project. 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 2nd day of May 2023. 3 - Mayor Robin Mouton - fi RESOLUTION NO, 21-156 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Pine Street Electrical Building Flood Protection Improvements Project; and, WHEREAS, Infrastructure Engineering & Construction, LLC, of Houston, Texas, submitted a bid in the amount of$522,464.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Infrastructure Engineering & Construction, LLC, of Houston, Texas, is the lowest responsible bidder providing services at 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 City Council hereby approves the award of a contract to infrastructure Engineering & Construction, LLC, of Houston, Texas, in the amount of $522,464.00, for the Pine Street Electrical Building Flood Protection Improvements Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Infrastructure Engineering & Construction, LLC, of Houston, 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. "Exhibit A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 29th day of June, 2021. - Mayor Robin Mouton - f�4 egAtl$0111.gr KA9JI ..)4 � , (\ ev • CITY OF BEAUMONT Dale: April 10,2023 Project: Pine SI.SWTP Electrical Building Flood Protection Improvements County: Jefferson Olilrict: Beaumont Contract Number: BID N0.WU042 I.20 Owner: City of Beaumont Contractor. Infrastructure Engineering and Construction,LAX C.O.No.: 1 THE FOLLOWING CHANGES IN THE PLANS ANDIOR SPECIFICATIONS ARE HEREBY MADE: I These changes era regiared N order to adjust for murk completed on the projectvrh•:h was needed to accomodate for many unknowns en the project see.321 a4A.tcnal calendar days are being added to the contract to accommodate for the RFI delays,memkecfunng delays on the sliding gate,and weather delays Item No, Item Code DESCRIPTION Unit Original Change In Unit Price Total Quantity , Quantity ADO 1 • GPR Survey LS 0 I $ 17,22663 S 17,22663 2 • Eacavation of Asphaltwnth Cable Embankment IS 0 1 5 4.445 CO S 4,44590 3 - Foobrg Formwork LS 0 I S 2,13555 $ 2.135.55 4 • Add Venal Concrete for Beam Under Siding Gate LS 0 I 5 3,10654 S 3,806.54 5 • Add bona)Formwork Per Oetad Order/roe LS 0 1 S 5,52000 S 5520.00 6 • Add tonal Forms-or).and Ifatonel due to Increased He.ght of l5 0 I S 3,24300 S 3,243.00 Wall 7 • Addtonal Material for Footing Orer Large Duclbank LS 0 1 $ 1.83370 S 1,883.70 SUBTOTAL $ 18,261.32 DELETE A.09 • Ormar Deeded Items LS I •I S 150,000 CO S (150,02000) SUBTOTAL $ (150,000.00) TOTAL AMOUNT OF THIS CHANGE ORDER S (111,738.68) Ins CALEtsDAR DAYS TAIL DE AD0E0 TO eel CI Al16E ORDER ORIGINAL CONTRACT AMOUNT. $ 522.464.00 NET FROM PREVIOUS CHANGE ORDERS. 5 TOTAL AMOUNT OF THIS CHANGE ORDER S (111,738 68) PERCENT OF THIS CHANGE ORDER .21.35 TOTAL PERCENT CHANGE ORDER TO DATE -21.39h NEW CONTRACT AMOUNT. S 410.725,32 CONTRACT TIME CAIGINAL CONTRACT TIME. 200 calendar days ADDITIONAL CONTRACT TIME PER PREVIOUS CHANGE ORDERS' 0 calendar days ADDiTIONAI CONTRACT TItlE PER THIS CHANGE ORDER 321 calendar days REVISED CONTRACT TIME 521 calendar days CONDITION OF CHANGE' 'Contractor acknonledges and agrees that the eguslments in contract puce and convect time stipulated in Ins Change Order represents fun 4onpensebon tot e'l Increases end decreases In the cost of.end the tme required to perform the entae work under the cmvecl errs erg tiredly or indreclly from this Change Order and Sr prevnous Change Orders Acceptance dints waver constitute an agreement between Onneeand CoMraNcr Dal the Change Oder represents en ell lndufine mutual y agreed upon ed,ustmenl lathe Contract and that Contractor wit waive all rig s to fie a claim on tins Change Order!Refit is properly executed' ACCEPTED BY: REVIEWED BY:T `` � 4cli4-z3 11 CA IIIFRASIRUGl1Re ENGVIEE 0dJIO COIISTRVC110N,LLC•REP DAT ffl EE SE0tD t11CllOL3,IT 4/11/23DATE REVIEWED BY: REVI D B \........„.... .....(:::\ N).,...sx..A..x......sul. .y►al" )a3 �.-� �z� z� /MAMA VILLARREAL,P.E.CM DATE BAR KOW'PAK DATE CITY EtIGIIIEER DIRECTOR OF PUBLIC WORKS APPROVED BY: ATTESTED BY: KEIIIIETH R.Y,rUIIN.Is DATE TIt1A BROUSSARO DATE CITY MANAGER CITYCLERK Certificate of Final Completion Pine Street SWTP Electrical Building Flood Protection Project Improvements Project Number Owner City of Beaumont I3MT18731 Contractor IECONI Construction Manager City of Beaumont Design Professional Somnath Chilukuri,PE The Work performed under this Contract was deemed to be complete In accordance with the Contract Documents • by authorized representatives of the Owner's Project Team on the date Indicated below and Is ready for final payment.Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of the Contract and as specifically noted In tills Certificate of Final Completion. The Work was Substantially Complete and ready for Final Payment es of this date 2/10/2023 Outstanding Claims made In accordance with the General Conditions are listed below: None •n;,: Recommended by Design Professional Recommended by Construction Manager Somnath Chilukuri till(Gt �G �( G 04-19-2023 y/ 04. Name Date Nome Dote Accepted by Contractor Approyect by Owner =� ti if O yz0-z3 Name D to Nome Dote Certificate of Final Completion Page 10(1 Infrastructure Engineering CONTRACTORS APPLICATION FOR PAYMENT PHONE:713-885-1622 Construction LLC FAX:713-613-2908 710 N Post Oak Rd, Ste 400 Houston, Texas 77024 iecon ii Payment Application No: 6 Application Period: From: 2/17/2023 To: 4/3/2023 Application Date: 4/5/2023 JJ Owner: City of Beaumont Engineering Firm: Freese&Nicols Engineer: Somanth Chilkuri Project: Pine Street Flood Contractor's Project No: 2021-003 Engineer's Project No: Improvements Owner's Project No: Change Order Summary Contract Payment Summary Description qty Rate Amount 1 Original Contract $ 372,464.00 1.00 - 2 Supplemental Items $ - - 3 Change Orders $ 38,261.32 - 4 Total Contract(Sum 1-3) $ 410,725.32 - 5 Original Contract Completed $ 372,464.00 - 6 Supplemental Items Completed $ - - 7 Change Orders Completed $ 38,261.32 - 8 Material on Hand $ - Total Change Orders - 9 Total Completed to Date(Sum 5-8) $ 410,725.32 10 Retainage-Original Contract $ 37,246.40 Current Retainage Percentage I 10% 11 Retainage-Supplemental Items $ - 12 Retainage-Change Orders $ 3,826.13 13 Retainage-Materials on Hand $ - 14 Total Retainage(Sum 10-13)-Being PAID OUT $ 41,072.53 15 Amount Eligible to Date(Line 9-Line 14) $ 410,725.32 16 Less Previous Payments $ 335,220.30 17 Amount Due on this Payment Application $ 75,505.02 18 Balance to Finish, Plus Retainage „ $ - Payment Above 1 J , i ,- . ; / ,3 Requested By: Contractor:Ragl i lyer Date: Payment Above ' /! O,;fj 4/11/23 Recommended By: _Engi rl "cML C�Linds id Date: Payment Above 1 y 2G-Z3 Approved by: Owner: Date: l Infrastructure Engineering SCHEDULE OF VALUES PHONE:713-885-1622 Construction, LLC • • FAX:713-613-2908 NPost Oak Rd, Ste400 leconi Houston, Texas 77024 Payment Application 6 Application Period: From: 2/17/2023 To: 4/3/2023 Application Date: 4/5/2023 10% ITEM QTy UNIT DESCRIPTION OF ITEM UNIT RATE AMOUNT COMPL COMPL TO AMOUNT AMOUNT TO BALANCETO RETAINAGE PREY. DATE THIS PERIOD DATE FINISH Original Contract 1 1 1 1 LS Mobilization $ 20,516.00 $20,516.00 $0.00 $20,516.00 $0.00 $2,051.60 1 1 2 1 LS SWPPP $ 11,796.00 511,796.00 $0.00 $11,796.00 $0.00 $1,179.60 1 1 3 1 LS Trench Safety $ 3,146.00 $3,146.00 50.00 $3,146.00 $0.00 $314.60 1 1 4 1 LS Walls $ 53,478.00 $53,478.00 $0.00 $53,478.00 $0.00 $5,347.80 1 1 5 1 LS Sliding Access gate $ 128,188.00 5128,188.00 $0.00 $128,168.00 $0.00 512,818.80 1 6 1 LS Stop log gate $ 4,719.00 $4,719.00 $0.00 $4,719.00 $0.00 $47L90 1 1 7 1 LS Grading&Compaction $ 3,932.00 53,932.00 $0.00 53,932.00 $0.00 $393.20 8 1 LS Concrete Paving $ 41,582.00 541,582.00 1 1 $0.00 $41582.00 $0.00 $4,158.20 1 1 9 1 LS Concrete sump $ 3,932.00 $3,93200 $0.00 53,932.00 $0.00 $393.20 1 1 10 1 LS Sump Pumps $ 1,180.00 51,180.00 $0.00 51,180.00 $0.00 5118.00 1 1 11 1 LS Pump piping and supports $ 8,651.00 $8,65L00 50.00 $8,651.00 50.00 5865.10 1 1 Rip Rap around the connecting 12 1 LS driveway $ 4,719.00 $4,719.00 $0.00 $4,719.00 $0.00 $471_90 1 1 13 1 LS Bermuda Sod replacement 5 2,359.00 $2,359.00 $0.00 $2,359.00 $0.00 $235.90 1 1 Install the control system lines to main 14 1 LS chemical feed building $ 23,593.00 $23,593.00 $0.00 $23,593.00 $0.00 $2,359.30 Infrastructure Engineering SCHEDULE OF VALUES PHONE:713-885-1622 Construction, LLC • FAX:713-613-2908 7 1 Post Oak 7, Ste 400 ieconi Houston, stt on, Texas 77024 Payment Application 6 Application Period: From: 2/17/2023 To: 4/3/2023 Application Date: 4/5/2023 10% ITEM QTY UNIT DESCRIPTION OF ITEM UNIT RATE AMOUNT COMPL COMPL TO AMOUNT AMOUNT TO BALANCE TO RETAINAGE PREY. DATE THIS PERIOD DATE FINISH 1 1 15 1 LS Install level switches $ 3,932.00 $3,932.00 $0.00 $3,932.00 $0.00 $393.20 1 1 Rig up power supply and sump pump 16 1 LS panel S 12,583.00 $12,583.00 $0.00 $12,583.00 $0.00 51,258.30 1 1 17 1 LS Duct bank $ 7,345.00 S7,345.00 $0.00 $7,345.00 $0.00 $73450 1 1 18 1 LS Crane movement for the diesel tank $ 4,719.00 54,719.00 $0.00 $4,719.00 $0.00 $47190 1 1 19 1 LS Supply frame 5 13,055.00 $13,055.00 $0.00 $13,055.00 $0.00 $1,305.50 1 1 20 1 LS Install Frame $ 3,146.00 $3,146.00 $0.00 $3,146.00 $0.00 5314.60 1 1 Install all interconnecting piping for the 21_ 1 LS Diesel tank-As is 5 4,716.00 $4,716.00 $0.00 $4,716.00 $0.00 $471.60 1 1 Crushed limestone base and footing for 22 1 LS diesel tank $ 11,177.00 $11,177.00 $0.00 $11,177.00 $0.00 $1,117.70 $372,464.00 $0.00 -- -S372,464.00 - ----_-_. $0.00- 437,246.40 - Supplemental Items 1 Owner Directed Items $ 150,000.00 $0.00 0 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Change Orders 1 1 LS GPR Survey $ 17,226.63 $17,226.63 1 1 $0.00 $17,226.63 50.00 $1,722.66 2 1 LS Excavation of Asphalt with cable $ 4,445.90 1 1 embankment 54,445.90 $0.00 $4,445.90 $0.00 $444.59 3 1 IS Footing Formwork $ 2,135.55 $2,135.55 1 1 $0.00 $2,135.55 $0.00 $213.56 4 1 LS Additional concrete for beam under slidi $ 3,806.54 $3,806.54 1 1 $0.00 53,806.54 $0.00 $380.65 5 1 LS Additional formwork per detail difference $ 5,520.00 $5,520.00 1 1 $0.00 $5,520.00 $0.00 5552.00 6 1 LS Additional formwork&material due to incr $ 3,243.00 $3,243.00 1 1 $0.00 53,243.00 $0.00 $324.30 1 Infrastructure Engineering SCHEDULE OF VALUES PHONE:713-885-1622 Construction, LLC r---, 410 FAX:713-613-2908 Post Oak Rd, Ste400 tecoinik Houston,Texas 77024 Payment Application,6 Application Period: From: 2/17/2023 To: 4/3/2023 Application Date: 4/5/2023 10% ITEM QTY UNIT DESCRIPTION OF ITEM UNIT RATE AMOUNT COMPL COMPL TO AMOUNT AMOUNT TO BALANCE TO RETAINAGE PREY. DATE THIS PERIOD DATE FINISH 7 1 IS Additional material for footing over large $ 1,883.70 $1,883.70 1 1 $0.00 $1,883.70 $0.00 $188.37 $38,261.32 $0.00 $38,261.32 $0.00 $1,064.67 Totals $410,725.32 $0.00 $410,725.32 $0.00 $38,31L07 Infrastructure Engineering CONTRACTOR'S SWORN STATEMENT PHONE:713-885-1622 Construction, LLC AND AFFIDAVIT FAX:713-613-2908 710 N Post Oak Rd, Ste 4416 Houston,Texas 77024 teconi State of Texas County of Montgomery Project: City of Beaumont Original Contract $ 522,464.00 Job Number: 2021-003 Final Contract $ 410,725.32 Owner: City of Beaumont Contract Date 8/30/2021 Bond Number Completion Date 2/10/2023 Raghu Iyer,being duly sworn,deposes and says that he is the Managing director of ieconi,LLC the contractor for the owner;contract dated,and bond number listed above. All work on this contract was completed and accepted on the dates listed above. The original contract price and final contract price listed above are also accurate. Witness: Contractor: 1 t ` Signature: Cst v` Signature: Date: 4/11/2023 Date: 4/11/2023 Printed Name: Padma Govindula Printed Name: Raghu Iyer Title: Director Title: Managing Director Infrastructure Engineering AFFIDAVIT OF BILLS PAID PHONE:713-885-1622 Construction, LLC i FAX:713-613-2908 710 N Post Oak Rd, Ste Houston, Texas 77024 i ec O H 1 i Project: City of Beaumont Total Contract: $ 410,725.32 Job Number: 2021-003 Payment Amount: $ 75,505.02 Owner: City of Beaumont Application From: 2/17/2023 Payment Application tt: 6 Application To: 4/3/2023 Progress or Final: FINAL Improvements have been constructed and completed in full compliance with the above referenced contract and the agreed plans and specifications by the Contractor. All bills have been paid or will be paid from contract funds by the contractor and there are no outstanding claims for labor or materials furnished upon said job. This affidavit is being made by the contractor realizing that it is in reliance upon the truthfulness of the statements contained herein that a request for full settlement of the balance due on said Contract is being made. The contractor releases all liens,claims,and rights to assert a lien on said premises and agrees to indemnify and hold the Project Owner safe and harmless from and against all losses,damages,costs,and expenses of any character whatsoever,specifically including court costs,bonding fees,and attorney fees arising out of or in any relation to claims for unpaid labor or materials used in associated with the constructions improvements on the above-described project. r::u s is Contractor: I( Notary: Signature: Signature: Date: 4/11/2023 Date: 4/11/2023 Printed Name: Raghu lyer Stamp: -.r p`t Paula Stern •P MyCommuelonEupros Title: Managing Director �: 4* 12/17,2023 Infrastructure EngineeringtI/AIVER AND RELEASE ON PAYMENT PHONE: 713-885-1622 Construction, LLC • • FAX:713-613-2908 710 N Post Oak Rd, Ste 1 Houston, Texas 77024 lecon 1 Project: City of Beaumont Total Contract: $ 410,725.32 Job Number: 2021-003 Payment Amount: $ 75,505.02 Owner: City of Beaumont Application From: 2/17/2023 Payment Application tf: 6 Application To: 4/3/2023 On receipt by the Contractor of this document,of a check from the Project Owner(maker of check) in the sum of the amount payable to Contractor(payee or payees of check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right,any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right,any claim for payment,and any rights under any similar ordinance,rule,or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of the Project Owner located at the address identified above for the project listed above. This release covers a progress payment to the signer for all labor,services,equipment,or materials furnished to the property or to the Contractor(person with whom signer contracted)as indicated in the attached statement(s)or progress payment request(s),except for unpaid retention,deductions, pending modifications. and changes,or other items furnished. Before any recipient of this document relies on this document,the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers,subcontractors, materialmen,and suppliers for all work, materials,equipment,or services provided for or to the above referenced project up to the date of this waiver and.release. Contractor: I I Notary: Signature: Signature: Date: 4/11/2023 Date: 4/11/2023 Printed Name: Raghu lyer Stamp: ./'Y Paula Slam �''�f My Commlioton Expires 10 /4.;. 4 ID Nor2023 132260230 Title: Managing Director '�'� Infrastructure Engineering WAIVER AND RELEASE ON FINAL PHONE:713-885-1622 Construction, LLC PAYMENT FAX:713-613-2908 710 N Post Oak Rd, Ste 400 Houston, Texas 77024 iecan i Project: City of Beaumont Total Contract: $ 410,725.32 Job Number: 2021-003 Payment Amount: $ 75,505.02 Owner: City of Beaumont Application From: 2/17/2023 Payment Application U: 6 Application To: 4/3/2023 On receipt by the Contractor of this document,of a check from the Project Owner(maker of check)In the sum of the final payment amount payable to Contractor(payee or payees of check)and when the check has been properly endorsed and has been paid by the bank on which it is drawn,this document becomes effective to release any mechanic's lien right,any right arising from a payment bond that complies with a state or federal statute,any common law payment bond right,any claim for payment,and any rights under any similar ordinance,rule,or statute related to claim or payment rights for persons in the signer's position that the signer has on the property of the Project Owner located at the address identified above for the project listed above. This release covers the final payment to the signer for all labor,services,equipment,or materials furnished to the property or to the Contractor(person with whom signer contracted). Before any recipient of this document relies on this document,the recipient should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this final payment to promptly pay in full all of the signer's laborers,subcontractors,materialmen,and suppliers for all work, materials,equipment,or services provided for or to the above referenced project up to the date of this waiver and release. Contractor: t _ Notary: Signature: Signature: Date: 4/11/2023 Date: 4/11/2023 r P�� Printed Name: Raghu lyer Stamp: o�. Paula Stem My Commission Expres O 1 211 7/20 23 /4.o`OF ID No 132288239 Title: Managing Director _ _ _ E BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Spring Wood Subdivision, Section 3. BACKGROUND On April 24, 2023, a final inspection from all entities was completed for the following: • Alexis Street approximately 285 feet extension northwest of existing Alexis Street to (3) 0M4-3 end of pavement markers. • Kayla Street approximately 254 feet heading northeast from Alexis Street to include Cul-de-sac. Recommended for approval are the street, storm sewer,water, and sanitary sewer improvements for Spring Wood, Section 3 right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Spring Wood Subdivision, Section 3, have been completed as follows: • Alexis Street approximately 285 feet extension northwest of existing Alexis Street to (3) OM-4-3 end of pavement markers. • Kayla Street approximately 254 feet heading northeast from Alexis Street to include Cul-de-sac. WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet the City's standards and qualify for acceptance for permanent maintenance; and WHEREAS, the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; 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 is hereby, in all things, approved and adopted; and, THAT the above-referenced water and sanitary sewer improvements in Spring Wood Subdivision, Section 3, right-of-way only with the exception of street, and storm sewer are hereby accepted by City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation. 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 2nd day of May 2023. - Mayor Robin Mouton - 3 • • , i--.:•,••••••,......!•';'.....'..:,' .•.; '''',.:(1—...?„):.:•-:';::::,*;::'•-'.: VICINITY MAP N.T,S I - � f • SPRING `WOOD, s SECTIONQ°a°' .SECTION 3 '1• ••:-..:',...::-...-.;("3:)t........):.•:;.::::....I' •. ; c, 0N-4. ' \s,. - '....-•!•-•....':;:,.-',.-!...•., .,.(' - - \ pp0, .,.. �1 fir., r Jf . 4aG ,.tom'',,: �'' li ref . s t' _. r "Exhibit A" F BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution approving a contract to provide lubricants for use in City vehicles and equipment. BACKGROUND Bids were solicited for a six-month contract to supply various lubricants at fixed costs for use by multiple City departments to maintain vehicles and equipment. Specifications allow for a six- month extension upon expiration of the original term at the same pricing as awarded herein. Bids were requested from fifty six(56) vendors and six responses were received. Specifications stated that the City could award the contract(s)to multiple vendors, or one, as deemed to be in the best interest of the City. The Contract is divided into six sections. It is recommended all sections be awarded to Mid Tex Oil, of Beaumont who submitted a qualified bid for all sections, excluding item 2.6, for a total estimated amount of$87,650.63. Item 2.6 will no longer be a part of the Contract. Avery Oil of Marion, Texas, The Plaza Group of Houston, and Suncoast Resources of Houston are all deemed non responsive as they are unable to meet all requirements of the Contract. Bid tab is attached. FUNDING SOURCE Fleet Fund. 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 contract with Mid Tex Oil, of Beaumont, Texas in the amount of$87,650.63 for a six (6) month contract to supply various lubricants at fixed costs for use by multiple City departments to maintain vehicles and equipment. 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 2nd day of May 2023. - Mayor Robin Mouton - MOD SUPPLY Avery 011 Company Mldtex 011 LP Sun Coast Resources,m[.' Trl-Con Erse The Plata Group' Beaumont Team Marlon.Texas Beaumont.Texas Houston,Texas Beaumont,Texas Houston,Texas Total Price 57,196.00 Total Price 581,84/07 Total Price' $37.650.63 Total Price $90,179.90 Total Peke 5104,983.59 Total Prke. 5114.983.09 Line Description Mfrr M C4te rgno CITY UOM Unit nded Unit Extended Unit I Extended Unit Extended Unit Mended Unit Extended 1 Section 1.Balk CNN/Lubricants 1 2A $51389.56 551,3119.56 555.007.50 535.002.50 $59.112.10 558.11110 570.74L84 570,741.84 564,240.00 $64.240.00 Engine Oil,SYNTHETIC BLEND 15W-A0(Pub deliveries> 1.1 250 gallons)BULK DELVERY TO OUR ABOVE GROUND TANK :100 Gallon: No Bid $13.94 $11.95 514.08 514.78 $13.80 per 55 1.2 Engine 0ti.SYNMHETIC MEND 15W-40(gty.4 drums EP Gallon 5S Ration ea.drum•220 gal.) 4 Drum No Bid 5801.69 57i7.25 $911.35 $762.30 5874.50 per 55 1.3 Engine 011 SAE 40(try.2 drums P55gaton ea.drum. Gallon 110 Call 2 Drom No Old No Bid $695.00 51.211.10 51015.79 5858,00 multi-Purpose Transmission/Hydraulic 011(211k 14 Detseiesa 250 gallons) BULK DELIVERY TO OUR ABOVE GROUND TANK Vendors Choke 3500 Gallons No Bid 59.Ox 510.I5 510.00 513.65 $12.04 Multi-Purpose iransmnsbn/NydraulK Oil 155 gal. per 55 L5 drum)Vendors Choke(qty.2 drums 811 55 Galion ea. Galion drum•110 Cal.) 2 Drum NO Bid $534.40 5619.25 S773.25 5814.03 5853.00 a Sectbnll Transmission FWb/Nydreulk Oil I 1 LA No lid NO lid 52,32093 52.320.93 53.936.00 $3.936A0 522.288.45 522.288.45 52.425319 $2.425.89 2.1 [Myron Ill(quart containers) 300 Quarts 54.57 57.88 552A1 54.95 2.2 Cox ton VI(quart containers) 25 Owns 1 ! 56.70 510.96 $74.95 $5.67 Per 5 2.3 Gallon ' Dexrenlil(s Raton bucket) 3 Bucket 5114.31 5140.40 $64.90 568.28 74 Merton V(quart container,) 20 Quarts 5740 510.% No BM 55.67 2.5 Ford ATF Merton LV(quart containers) 50 0uart: $4.57 510.96 574.95 $487 2.6 Ford ATF Merton ULV(ouan con omen) 10 Ouans No Bid Solid No Bid 56.117 2.7 Merlon SP Trans Fluid/ouan cOntaner,I 10 0uarts 56.30 510.96 $74.95 56.87 3 SacWn III-Antifreeze/Coolants 1 EA No Bid 56.074.20 5407420 564.050 58.453.50 511.924210 512.924.80 51016.00 52,016.00 59.18720 59.167.20 3.2 Fleet0.uard Complete Pre-Mix Coolant 50/50 350 Cations $8.78 $8.08 51090 No Bid 59.24 3.2 Ford CAL Coolant lOranne/Yellowl Concentrate 130 Gallon: $R.44 511.25 522.66 No Bid 59.24 3.3 DEK•Cool Coolant[Orange)Concentrate 150 Canons $9.99 511.25 $26.72 510.02 528.80 3.4 Antifreeze,Low Silicate Frmuic(Green)Concent rate 5$ Gallons 9413 59.6: 523.12 $10.26 $9.24 SK0an N.Synthetic.Neayy-Duty Automatic a Transmission fluid for TramMailons Requiring Allison TES-295 Fluids 1 CA No Old 517,721,00 513.221.00 514424.00 S14,424.00 No Bid $19.600.00 $19,800.00 Shot Spbax 56 ATF A295 Automatic Trarem6slon Fluid 4.1 designed spec)fkalry for transmissions repulsing TEx- 295 fluids.•••NO SUBSTiTiiJTIONS ALLOWED ON THIS ITEM•••GALLON CONTAINERS ONLY 300 Gallons $49.,.U7 543.08 No BM 566.00 5 section V.Catemllar SpeckLubOtano 1 EA NO Old 56,257.31 54,257.31 5430'.70 56307.70 $8.807.00 58.807.00 56.501.30 56.50130 56270.00 $6270.00 OCT 55 S.: CaterpliLrr TO-4 Compatible Lobekanrt.SAE 10W lots,. Gallon 2 drum:llB 55 gallon ea.drum.110 cat.) _2 Drum No Bid 5443.83 $609.85 51.07690 5878.54 5845.90 Pre 55 5.2 Caterpillar TO-4 Compatible Lubricants SAE SO lets.5 Gallon drums Ea 55 gallon no drum'.275 Bali 5 Drum 5R87.90 f.M2.75 5:.305.70 593141 5096.50 Pm 5 5.3 Gabon eaterpltar TO-4 compatible Lubekants.SAE 50 1 Bucket 5130.:5 594.25 5124.70 $6717 595.70 6 Section Vi•'newt tahaust hand 1 eA 57,196.00 57.196.00 55.900.00 55.900.00 53.132.00 53.132 ill 57.400.00 5/.400.00 $3,43400 53.436.00 $13.060.00 $13.060.00 per 2-5 6.1 Dlnsel Exhaust Fiuk-25 gallon containers(qty.1000 Gallon gal.dal.5 gal.ea.container•400 containers) 400 Container $17.99 $14.75 $7.83 $14.50 $8.59 $32.65 •Avery 011,Sun Coast Resources,and The Plate Grvu p ore all not responsive due to requirements stated within the Contract. 1i F0223-22 nice 1 "Exhibit Al" G BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution approving the purchase and installation of six scoreboards for the Athletic Complex from Nevco Sports, LLC of Greenville, IL. BACKGROUND On February 21,2023 in Resolution#23-065, Council approved$1.46 Million in the Capital Plan for Fiscal Year 2023,to be utilized in making upgrades to the Parks and Recreation System. One of the items approved was for the replacement of scoreboards at the Athletic Complex. Pricing for the purchase and installation of six scoreboards was obtained from Nevco Sports,LLC in the amount of$49,605.38 utilizing the Buyboard cooperative purchasing program which complies with Texas procurement statues. Quote is attached. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 21, 2023 Council approved Resolution 23-065 for the Capital Plan for Fiscal Year 2023 in the amount of $1.46 million dollars; and, WHEREAS, one of the items approved was for the replacement of scoreboards at the Athletic Complex; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the purchase and installation for six (6) scoreboards from Nevco Sports, LLC, of Greenville, Illinois in the amount of$49,605.38. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of May 2023. - Mayor Robin Mouton - AJBnlyd'Vaitdar flEVCD QUOTATION Account Name City of Beaumont Created Date 4/19/2023 Quote Number 00143752 Expiration Date 6/19/2023 Contact Name Andrew Messina Prepared By Sydney Celzada Title Director Title Display and Scoring Consultant Phone (409)838-3613 Phone (832)428-3561 Email Address andrew.messIna@beautnonttexas.gov Fax (618)664-0398 Email Address scalzada@nevco.com E - Line item Dltrten�iona'L x UniF - Atalli(ty• ;deIlPa7t 11 Pruduct;be�rr,pllott De GoJor EXtr Pr3c , on f taC 1�irtn ;price • Baseball/Softball LED Scoreboard White 11140 USD USD 6.00 1620 Timer with Amber/Red Digits Striping Royal 10'x4'x8" 4,735.00 28,410.00 Blue 6.00 802-0300-MPCX2 USD USD Wireless Handheld Control 0.3'x0.5'x0.1' Baseball/Softball 375,00 2,250.00 6.00 MPCX/MPCX2 Case MPCXIMPCX2 Control Carrying Case 12.4'x8"x4„ USD USD (holds 2 controls) 35,00 210.00 6.00 MPCX2 Rec-Outdoor USD USD In-board Wireless Receiver Ktt 635.00 3,810.00 Ttl Shipping Wt(Ibs) 1,530 Subtotal USD 34,680.00 County Jefferson Total Discount$ USD-3,468.00 Freight USD 1,893.38 installation USD 16,500.00 Total USD 49,605.38 Due to supply chain issues resulting from the pandemic, freight pricing and anticipated schedule for delivery along with performance of services are subject to change, Additional Notes 5 Year Parts/1 Year Labor Warranty included(with the exception of MPCX2 Controller and receiver,they have a i year parts warranty) lead time 12-14 weeks. BUYBOARD#-Scoreboards,#678-22 Sourcewell Contract 11050819 UL listed product. Tax not Included. Tax not Included. installation of scoreboard and sign to an existing structure Includes take down and disposal of the existing scoreboard and sign/s,attaching new lateral bracing If required,hoisting and attaching the scoreboard and slgn/s,termination of existing • Quote Number 0 "Exhibit A" www.nevco.com o rcf Vendor 1E Ell fl EVCO A® QUOTATION owner supplied electric power into scoreboard,test and training on the system/s. Does not Include trenching,electrical power wiring,conduit,breakers,disconnects. Customers who purchased items in this quote also purchased the following: ` ... . . • . Electronic Team.Names(ETN) • �r�„M„ ,r� M•, • Customize the team names ,Alex-,. - + . • ;• • Easily changed from game to game *•+ "' ,=•; + °::;::5: • Program team names using the console control -IV .+! •,,,a 0 • Bright,long-lasting,energy-efficient LED Lei'` -+ .. " �i • Perfect for Multi-team Complexes or facilities that host Tournaments • + ``' • Available on most models •. `4 Message Centers ro '..,, i PEp""".` • Flexible advertising solution '` • Exciting in-game animations ,3L0IIt,,w;,. ,,_af'=t••r;- • Display additional stets and player info ft Imes, i?,von`to?3 PeNti;,,t • Long-lasting LED technology l iti!()'"'' '" Wile: • Full color and monochrome(red or amber) 1 ___-1•. ,;.-I.. • Many sizes to fit your scoreboard and venue Y• NMef `'.1 1.7,.1 ii Arena Pro Sound Systems • Arena Pro 1000 series and Arena Pro 2000 series available %%I.� r1 • Sound systems designed for complete court and spectator coverage -`- `"_ t ;.4--- te`� • Delivers clear,intelligible voice and concert quality music at `* " tq.. " -- high decibel levels throughout your facility 'K'- :- ?:;_ l • Minimal power required,resulting in faster installation,lower installation costs ``4-_'" _�ux • Best in market 3-year warrantyon speakers,cabinets and subwoofers Hockey Goal Light System w • T1� • A goal light that can easily be mounted to the glass,rink boards,or wall posts. i • GL-H6 Is designed to operate by goal switch operators behind each net. I., ..,\ �.a ' • GL-HT Is controlled from a single switch by an operator located at the scoreboard control. t1EVCI1 • Red and green light automatically illuminate in accordance with widely recognized 1 i £ • hockey rules. • t 7 .. F � y • Operates wired or wirelessly. • 1; D srY' '$. .,mac Quote Numbor 00143752 Visit Our Websl(e www.novco,coni Board'Vendor fl c'es flEVCD ,t) QUOTATION Shots on Goal Display r •Energy-efficient LEDs FLYERS ' , TIGERS •Ability to retrofit team name caption plates 5" •Bright,long lasting LED lamp banks when ordered with rear-lit team names -.1NIo , g y;,-.„_ >_ s ,> Durable and lightweight cabinet design Y , Ft •Universal--syncs with Nevco accessories , "` =sue • •Built-in Power Factor Correction Locker Room Clocks • 'i - '-`'w- `�_== --' Y4 •Operate wired or wireless •Bright,tong lasting,energy efficient LEDs i.7 `o: 7' • •Displays same time as scoreboard timer I -K blf ••,- • Brushed aluminum frame with gloss black face •Can also be used for monitoring exercise stations s r.r.vco Billing/Shipping Information Bill To Name City of Beaumont Ship To Name City of Beaumont Bill To po box 3827 Ship To TX beaumont,TX 77704 USA Quote Terms and Conditions - . The above pricing is(or equipment only and does not Include Installation(unless specified)or taxes(if applicable).Unless shown specifically in the quote,shipping Is an additional cost and is not included.Due to the custom nature of our products,our preferred payment terms are 60°%down and remaining balance net 30.Additional payment terms available upon credit review.Shipping terms are F.O.B.Greenville,IL USA. All Scoreboards and Message Centers are UL Listed and most come with our free 6-year guarantee(Exception:Special promotion/packages may have shorter warranty and are noted in product descriptions).Portable Production Kits carry a 3-year guarantee.Wireless components and Solar Power Kit carry a 2-year guarantee.Hand-held controls,switches and printed scrims carry a 1-year guarantee. Performance and Payment Bonds,If required,will include a one-year warranty after substantial completion. STATE TAX EXEMPT FORM MUST BE SUBMITTED WITH ORDER OR TAXES WILL BE INVOICED. Scoreboards are available In 15 standard colors at no extra charge.Please contact your consultant for production/shipping lead times. Purchase Order Nevco Sports,LLC Remit To Address Nevco Sports,LLC Address 301 East Harris Ave P.O.Box 74758 Greenville,IL 62246-2151 Chicago,IL 60694-4758 800.851.4040/618.664.0360 Quote Acceptance : Signature Title Name Date Quote Number 00143752 Visit Our Webslte www.nevco.com PlyBoa ar rd`Vend t.Hn@r flEVCD QUOTATION 1 • Quote Number 00143752 Visit Our Website www.nevco.com H BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 2,2023 REQUESTED ACTION: Council consider a resolution appointing members to the Charter Review Committee. BACKGROUND The City's current Charter needs to be amended to comply with state law and address issues of ambiguity. The creation of a Charter Review Committee would allow for community participation during the process. The Charter Review Committee will consist of eleven(11) community members. The Mayor and Council members would each appoint one (1)member and four (4)members will require a majority vote of the Council. The City Manager and City Attorney will serve as ex officio members of the Charter Review Committee. It is expected that the members of the Charter Review Committee will meet to discuss changes to the Charter and present recommendations to the City Council for submission on the November ballot. 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 following appointments be made: Appointment Committee Robert Calvert Charter Review Committee Shirlene Cook Charter Review Committee Daylan Turner Charter Review Committee 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 2nd day of May, 2023. -Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 2,2023 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Joseph Guidry. BACKGROUND The claim of Joseph Guidry was presented and discussed in Executive Session held on April 18, 2023. The City Attorney is requesting authority to settle this claim in the amount of$74,500.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Joseph Guidry was discussed in Executive Session properly called and held on Tuesday, April 18, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Joseph Guidry for the sum of Seventy-Four Thousand, Five Hundred and 0/100 Dollars ($74,500.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 2nd day of May 2023. - Mayor Robin Mouton J BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Kevin& Patricia Joseph. BACKGROUND The claim of Kevin& Patricia Joseph was presented and discussed in Executive Session held on April 18, 2023. The City Attorney is requesting authority to settle this claim in the amount of $27,894.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Kevin and Patricia Joseph was discussed in Executive Session properly called and held on Tuesday, April 18, 2023; and, WHEREAS, the City Attorney is requesting authority to settle this claim; 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 Attorney be, and is hereby, authorized to settle the claim of Kevin and Patricia Joseph for the sum of Twenty-Seven Thousand, Eight Hundred Ninety-Four and 0/100 Dollars ($27,894.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. 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 2nd day of May 2023. - Mayor Robin Mouton - iC lE I May 2, 2023 Consider authorizing the acceptance of the proposed settlement of Entergy's 2022 base rate case. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: May 2, 2023 REQUESTED ACTION: Council consider an ordinance authorizing the acceptance of the proposed settlement of Entergy's 2022 base rate case. BACKGROUND Entergy Texas, Inc. (ETI) and the Steering Committee of Cities(Committee)have reached a final agreement regarding ETI's request for a base rate increase, including revenue requirement, class allocation, and rate design. ETI agreed to a revenue requirement increase of$54 million,which is approximately 58.9% lower than their original requested revenue requirement increase of$131.4 million. ETI also agreed to a smaller increase to residential fixed monthly customer charge. ETI initially proposed $16.33,the parties settled on$14.00 as the monthly residential charge. The lower customer charge reduces the risk of"rate shock" and is particularly beneficial for the lower-usage customers. FUNDING SOURCE The reasonable expenses associated with rate cases are reimbursable by the company. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") AUTHORIZING THE SETTLEMENT OF THE PROPOSED RATE INCREASE OF ENTERGY TEXAS, INC.; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about July 1, 2022, Entergy Texas, Inc. ("ETI"or the"Company") filed a Statement of Intent and Application for Authority to Change Rates with the City of Beaumont ("City") and concurrently with the Public Utility Commission of Texas (Commission") to increase electric rates in the Entergy Service Area by approximately $131.4 million per year; and, WHEREAS, the City denied the Company's rate request and the Company appealed the City's rate denial ordinance to the Commission; and, WHEREAS, ETI, Commission Staff, and other intervening parties including the Steering Committee of Cities participated in settlement discussions to resolve the rate case issues without litigation; and, WHEREAS, ETI has agreed to settle the rate request at a rate increase level of $54 million per year; and, WHEREAS, the Lawton Law Firm and Commission Staff have recommended approval of the Settlement terms as a reasonable alternative to resolve the rate case issues without litigation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The City of Beaumont hereby authorizes the settlement of the ETI rate case proceedings at the rate increase level of$54 million per year. Section 3. 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. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of May 2023. - Mayor Robin Mouton - ATTEST: PUBLIC HEARING • Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan. 2 May 2, 2023 Consider adopting the Consolidated Grant Program's 2023 Annual Action Plan. BEAUMONT TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager C)►3 PREPARED BY: Chris Boone,Assistant City Manager, Community Services MEETING DATE: May 2, 2023 REQUESTED ACTION: Council conduct a Public Hearing to receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2023 Annual Action Plan and consider approving a resolution adopting the 2023 Annual Action Plan. BACKGROUND As mandated by the U. S. Department of Housing and Urban Development (HUD),City Council has conducted public hearing and work sessions in previous years prior to adopting the City's Annual Action. Plan. Planning & Community Development staff, along with the Community Development Advisory Committee (CDAC),hosted a Public Hearing in order to receive public comments on the process and activities related to the 2023 Annual Action Plan. Attached are the proposed Budget for the 2023 Program Year,recommended funding by the CDAC and applicant project summaries. The proposed budget reflects estimated allocations of$1,394,010 in Community Development Block Grant(CDBG)funding, an estimated $2,000 in Program Income and $627,396 in HOME funding. Please note these amounts may change slightly before the final adoption as we receive the final amounts from HUD. FUNDING SOURCE U. S. Department of Housing and Urban Development (HUD)Community Development Block Grant and HOME Investment Partnership Grant funds. RECOMMENDATION Conduct the Public Hearing and approve the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2023 Annual Action Plan, as well as the budget of the 2023 Action Plan in the estimated amount of $1,394,010. The Plan 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 2nd day of May 2023. - Mayor Robin Mouton - 2023 HUD CONSOLIDATED GRANT PROGRAM As of 4/20/2023 DRAFT COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2023 Budget CLEARANCE AND DEMOLITION 285,407 Funds will be used to demolish unsafe,unsanitary and uninhabitable residential structures located in low to moderate income areas. PUBLIC FACILITY& IMPROVEMENT(Special Projects to be determined) 1o0,o0o HOUSING MINOR REPAIR—(Habitat for Humanity) 470,400 Funds will be used to repair approximately 12 homes at$24,999 each,for the elderly and disabled. Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, 71,722 and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES(15%) 200,000 Public Service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) 264,481 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT 1,392,010 Program Income 2,000 Clearance and Demolition *Program Income is Estimated TOTAL CDBG 1,394,010 HOME Budget AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home(down payments assistance/closing costs,and mortgage buy downs). HOME ADMINISTRATION 52,972 CHDO OPERATING (5%) 31,370 (Community Housing Development Organization Operating) CHDO RESERVE (15%) 94,109 (Community Housing Development Organization Reserve) ENTITLEMENT(70%) 439,177 TOTAL HOME 627,396 "Exhibit A" CDBG 2023 Applicants for Public Services/Public Facilities Certification of compliance with National Objectives in accordance with subpart C of CFR part 370 projected use of funds meet one National Objective:1)benefits tow to moderate income families,2)aids in prevention or elimination of slums or blighted conditions,and 3)meet other community development needs having a particular urgency. 1 . # I- .,. 0 ,,,, ,..f..ii 1. ANAYAT HOUSE, serve as Court Appointed shelter that houses women populations to attend 9.JONATHON INC. Special Advocates-for all and children who are medical appointments. WILLIAMS CENTER $4,800 abused and neglected survivors of domestic FOR THE Funding will be used to children of Jefferson abuse. 7. SPINDLETOP PERFORMING ARTS reimburse the costs of County. CENTER $20,000 utility expenses for a 5. GIRL'S HAVEN $6,280 Funding will be used to medical hospitality facility 3. CHILD ABUSE & $20,000 Funding for equipment for purchase production that provides low to no FORENSIC SERVICES Funding will be used for a new Sensory Room for equipment for summer cost overnight $20,000 construction of new living individuals with camp programs,which accommodations for Funding will be used to quarters with windows for intellectual and saves money expended to individuals and families reimburse a portion of the residents. This agency development disabilities. lease equipment. The who have loved ones in salary costs associated provides many services to camps provide culturally local hospitals or clinics. with the "On Call" girls who come from 8. COMMUNITIES IN centered events for low to The clients served are over services ($3.25/hr) and homes of abuse,neglect SCHOOLS * moderate income families. the age of 60, are on a examinations ($300.00 per and dysfunction. They-are $10,000 fixed income and live at or exam)provided to under the care of Child Funding will be used to 10. STABLE SPIRIT below poverty level with low/moderate income Protective Services. They implement Trust Based $9,300 an annual income of less victims of sexual assault are provided housing until Relational Intervention Funding will be used to than$24,999. that occur after hours and they can transition into (TBRI) for students, provide Hippotherapy for weekends. adulthood. grades k-12. Supplies will children with disabilities 2. CASA OF SETX be purchased for reset and farrier services for the $20,000 4. FAMILY SERVICES 6. RISE * stations that allow horses. Funding will be used OF SOUTHEAST $5,000 students to practice reimburse mileage costs of TEXAS Funding will be used to calming strategies and volunteers and advocates, $20,000 cover costs for further emotional costs of travel and training Funding will be used to transportation provider for regulation skills. materials for those who pay for utility costs at the underserved and disability "Exhibit A" CDBG 2023 Applicants for Public Services/Public Facilities Certification of compliance with National Objectives in accordance with subpart C of CFR part 570 projected use of funds meet one National Objective:1)benefits low to moderate income families,2)aids in prevention or elimination of slums or blighted conditions,and 3)meet other community development needs having a particular urgency. .----,-IL If' ,- -- ' r -ic,__ .5--_---,:,,,iii 1 ,i) Arit t .:. . vo =,::, ,,T, . ,,,, ,_ 11.TEXAS HEALTH spectrum disorders and 14. SETX FAMILY services low to moderate treatment for clients with NETWORK* emotional disturbances. RESOURCE CENTER income clients. no funding and is located $20,000 $20,000 in a low-income area. Funding for services to 13. LEGACY 16. ONCE UPON A uninsured and CDC/TENDER Funding will be used to DREAM * 18. The H.O. W. Center underinsured patients, LOVING CARE offset costs for after $20,000 $20,000 education and support $20,000 school and summer Funding will be used to Funding will be used to events and materials for Funding will be used to enrichment programs, pay organization's rent purchase and install mental, spiritual and cover the costs of the food distribution and and provide bus vouchers Generac generator and physical health. Costs Home Buyers Education resource referrals. The for clients. The concrete pad. This facility include: testing, screening, Certification and Credit funding will also allow organization is a child care houses low to moderate prenatal and any other Counseling courses. These enhancement of education facility for low to income men who are medical services needed. courses are required by programs and computer moderate income teen recovering from substance HUD for clients literacy. parents so that they can and/or alcohol addiction 12. SHORKEY participating in the 1st Clients served live in a remain in school. and provides educational CENTER Time Homebuyers low-income area. opportunities,job training $20,000 Program with the City of 17. RECOVERY and other services. Funding will be used for Beaumont. Funding will 15. WISE AND COUNCIL OF SETX * costs of flood and property also be used for costs ROOTED * $7200 insurance,to clean and associated with program $20,000 Funding will be used for paint the front awning and marketing,printing, Funding will be used to replacement purchase and perform building advertising and insurance purchase furniture for new installation of an air maintenance. This facility for the agency. inpatient youth behavioral conditioner to service provides rehab and health facility located in kitchen and dormitory education therapies to South end of Beaumont in area of the facility. This children with autism low-income area that organization provides 24/7 residential addiction 2023 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Homeless Providers AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES i CASA $20,000.00 $0.00 $ - z Child Abuse and Forensic Services $20,000.00 $19,000.00 $ 19,000.00 3 Communities In Schools $10,000.00 $10,000.00 $ 10,000.00 4 Anyat House $4,800.00 $0.00 $ - s Stable Spirit $9,300.00 $0.00 $ - 6 Jonathon Williams Ctr for Performing Arts $20,000.00 $19,000.00 5 19,000.00 7 RISE* $5,000.00 $5,000.00 $ 5,000.00 s Legacy CDC/Tender Loving Care $20,000.00 $19,000.00 $ 19,000.00 9 Texas Health Foundation,Inc* $20,000.00 519,000.00 $ 19,000.00 zo Spindletop Center 56,280.00 $6,280.00 5 6,280.00 ii Southeast Texas Family Resource Center $20,000.00 $19,000.00 $ 19,000.00 iz Once Upon a Dream* $20,000.00 $19,000.00 $ 19,000.00 Total Public Services $175,380.00 $135,280.00 $ 135,280.00 HOMELESS PROVIDERS 13 Family Services of Southeast Texas $20,000.00 $19,000.00 $ 19,000.00 Total Homeless Providers $20,000.00 $19,000.00 $ 19,000.00 GRAND TOTAL 2023 CDBG $195,380.00 $154,280.00 $ 154,280.00 PUBLIC FACILITIES AND IMPROVEMENTS 14 Girl's Haven $20,000.00 $0.00 $ - is Wise and Rooted* $20,000.00 $19,000.00 $ 19,000.00 16 Shorkey Center $20,000.00 $0.00 $ - 17 The H.O.W.Center $20,000.00 $19,000.00 $ 19,000.00 is Recovery Council of SETX* $7,200.00 $7,200.00 $ 7,200.00 Total Public Facilities and Improvements $87,200.00 $45,200.00 $ 45,200.00 TOTAL AMOUNT REQUESTED FOR ALL FUNDING $282,580.00 $199,480.00 •indicates that this is a new applicant