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HomeMy WebLinkAbout06/16/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., Mayor Pro Tern BECKY AMES, MAYOR Randy Feldschau., At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III JUNE 16, 2020 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on June 16, 2020, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Invocation Pledge of Allegiance Roll Call Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda Consent Agenda Mayor Ames called the .council meeting to order at 1:30 p.m. Pastor Carl Vickery with Calvary Tabernacle Church gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Pate, Councilmembers Neild, Getz, Feldschau, Mouton and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda None CONSENT AGENDA * Approval of minutes — June 9, 2020 Confirmation of committee appointments — None A) Approve a three-year contract with Cigna for various life insurance policies — Resolution 20-123 Minutes — June 16, 2020 B) Adopt a Transit Public Transportation Agency Safety Plan — Resolution 20-124 C) Authorize the settlement of the claim of Trung Tai Truong — Resolution 20-125 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance granting a new solid waste franchise agreement with Action Trucking Company. According to Section 22.05.101 of the Code of Ordinances, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City.. Eight entities currently have nonexclusive franchise agreements with the City. Action Trucking Company has requested a franchise agreement. The company is focused on construction and demolition waste and construction earth materials hauling with plans to operate from 16147 Sabine Consolidated - Rd. Beaumont, TX 77705. The franchise provides for a term. of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACTION TRUCKING COMPANY. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON Minutes — June 16, 2020 NAYS: NONE MOTION PASSED Ordinance 20-024 WORK SESSION * Review and discuss proposed amendments to the City Charter Kyle Hayes, City Manager reviewed and discussed proposed amendments to the City Charter. The Manager stated that staff has gone through fifteen (XV) of the seventeen (XVII) Articles, the discussion started with amendments to Article XVI, listed below: Article XVII - Section 11 — Reads (PERSONS INDEBTED TO CITY SHALL NOT HOLD OFFICE OR EMPLOYMENT: No person shall be qualified to hold.a municipal office or serve the city in any other capacity for which compensation is paid who is, or may become while in service, in arrears in the payment of taxes -or other liabilities due the city) It was recommended to remove Section 11 in its entirety.. (City Attorney Cooper stated that Section 11 was brought to the citizens for a charter change in 1998, both Article III; Section 3 and Article XVII; Section 11, deals with (persons -indebted to the city shall not hold office). Mr. Cooper stated that the courts have held that this impediment to office holding be unconstitutional. In 1998 both Articles were put on the ballot as an amendment, the amendment failed and remained in the Charter. In 2003 which was the last charter amendment the two articles weren't addressed. It's being recommended that the two articles be placed on the ballot once again. There were several typo's that were addressed: Article XVII — Section 17; second to the last sentence reads (or lease of public utilities as provided for under Article XIV, Section 14, of this) Sentence should read (or lease of public utilities as provided for under Article XVI, Section 4, of this) Article XVII — Section 25 — Item B; last sentence reads (adopt it be resolution with or without amendment). Sentence should read (adopt it by resolution with or without amendment) Review and discuss fencing around the Botanical Gardens at Tyrrell Park Keith Folsom, Facilities Director reviewed and discussed the fencing around the Botanical Gardens at Tyrrell Park. Mr. Folsom stated that there are three different types of fences that are being presented, a fixed knot fence, an ornamental and hog panel fence. Staff is proposing the fixed knot fence. Mr. Folsom stated that he consulted with Eddie Davis with the US Department of Agriculture, Mr. Davis Minutes —June 16, 2020 recommended the fixed knot fence and thinks this is the best option. The cost for the fixed knot fencing which is an estimated cost is $19,210.00, the estimated cost for the ornamental fence across the front which will give a more decorative look and secure the property would be $42,940.00. Mr. Folsom stated that he will include a concrete apron underneath the ornamental fence, so the hogs won't be able to get underneath. The additional cost for the concrete apron would be $7,350.00. The total estimated amount for all three items would be $69,500.00. There's also a barrier that would need to be included with an estimated cost of an additional $10,000.00. If everything is done the total estimated cost would be $79,500.00. Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS * Public Comments (Persons are limited to three minutes) Jason Marshburn 1070 Monterrey Dr. Beaumont TX Spoke to Council regarding his comments on last week life, liberty and property, stated that a lot of people don't understand what liberty is, stated that there's also a debate between safety and liberty, also commented on police issues Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - ANNOUNCED THAT ON TODAY (JUNE 16, 2020) UNTIL 4:00 P.M., THERE'S A FREE WALK UP COVID-19 TESTING AT ALICE KEITH PARK, 4050 REED ST., THANKED LABORS OF THE HARVEST FOR THE LITERATURE THAT WAS RECEIVED, GAVE CONDOLENCES TO THE FAMILY OF CATHY HUNTER LEE, ANNOUNCED A JUNETEENTH RALLY ON FRIDAY, JUNE 19, 2020, AT THE MLK PARK STARTING AT 6:30 P.M. COUNCILMEMBER SAMUEL - REITERATED WHAT COUNCILMEMBER MOUTON MENTIONED REGARDING THE FREE COVID-19 TESTING AT ALICE KEITH PARK UNTIL 4:00 P.M., IT'S FREE OF CHARGE, CITIZENS NEED TO HAVE IDENTIFICATION TO GET TESTED MAYOR PRO TEM PATE - ENCOURAGED EVERYONE TO GET TESTED, COMMENTED ON THE PASSING OF. BESSIE CHISOM, GAVE CONDOLENCES TO HER FAMILY, ASKED THAT EVERYONE KEEP THE COUNCIL ON THEIR PRAYER LIST COUNCILMEMBER FELDSCHAU - STATED THAT SINCE THE DEATH OF GEORGE FLOYD ON MAY 25, 2020, HE'S BEEN LIKE OTHERS VERY DISTRACTED WITH THAT TRAGEDY, HE'S FOUND HIMSELF GETTING A LITTLE SLOPPY WHEN IT COMES TO THE GUIDELINES PUT OUT BY THE CDC ALONG WITH SAFE DISTANCING, JUST A WORD OF ENCOURAGEMENT AS WE ARE TRYING TO REOPEN, AS THERE'S Minutes — June 16, 2020 MORE TESTING THE NUMBERS ARE GOING UP, ASKED THAT EVERYONE BE SAFE AND RESPONSIBLE, STATED THAT ON SUNDAY THERE WAS A PANEL DISCUSSION AT SUGA'S REGARDING THE PRESENT STATE OF AFFAIRS IN AMERICA, THERE WERE POLITICIANS THERE, AS WELL AS PREACHERS, POLICE AND CITIZENS, WANTED TO EXPRESS TO THE CITIZENS THAT THERE WAS GOOD DIALOGUE, KNOWS THAT EVERYONE IS ANXIOUS TO SEE CHANGE AND TO SEE THE CITY MOVE FORWARD, JUST WANTED TO GIVE EVERYONE AN ENCOURAGING WORD THAT DIALOGUE IS TAKING PLACE, IT WAS OPEN AND HONEST AND THERE'S WORK TO DO, PLEASE KNOW THAT YOUR LEADERS ARE SINCERELY TRYING TO MOVE FORWARD IN A WAY THAT'S GOOD FOR THE COMMUNITY AS WELL AS RIGHT FOR THE COMMUNITY COUNCILMEMBER GETZ - ANNOUNCED A VIRTUAL MEETING OF THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TODAY AT 7:00 P.M., TO ATTEND THE MEETING CITIZENS CAN CALL 1-888-475- 4499, ENTER CODE 470963218 COUNCILMEMBER NEILD - THANKED THE CITY MANAGER, CITY ATTORNEY AND STAFF FOR WORKING ON THE CHARTER CHANGES TO GET THE CHARTER UPDATED, THE LAST UPDATE WAS IN 2003, STATED THAT THE CITY MANAGER'S OFFICE IS TRACKING THE CITIZENS THAT ARE CALLING IN WITH COMPLAINTS REGARDING STREETS AND DRAINAGE AND WATER AND SEWER ISSUES, AS THE DATA BASE IS BEING BUILT HE ASKED THAT WITHIN THE NEXT COUPLE OF WEEKS COULD THE INFORMATION BE SHARED WITH COUNCIL SO THEY WILL KNOW WHAT THE COMPLAINTS ARE, WHAT'S BEING FOUND AND HOW LONG IT'S TAKING TO GET THE REPAIRS DONE AND IF THERE'S ANYTHING FROM A COUNCILS STAND POINT THAT THEY COULD DO TO HELP CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE MAYOR AMES - MADE AN ANNOUNCEMENT REGARDING COVID-19, STATED THAT THE EOC HAS GONE DOWN TO A LEVEL THREE, WHAT THAT MEANS IS THAT EVERYONE ISN'T WORKING THROUGH THE WEEKEND, WHEN THE DAILY COVID REPORT COMES OUT ON MONDAY'S IT WILL INCLUDE THREE DAYS OF REPORTING FOR SATURDAY, SUNDAY AND MONDAY, THE DAILY REPORT WILL STILL BE REPORTED AT 4:00 P.M., ALSO REITERATED THE JUNETEENTH RALLY AT 4:00 P.M., AT MLK PARK ON FRIDAY Open session of meeting recessed at 2:38 p.m. Minutes — June 16, 2020 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kendrick Williams v. City of Beaumont, et al; Cause No. A-204,508 Southern Choice Consulting, LLC v. City of Beaumont; Cause No. A-205,533 Claim of ExxonMobil Oil Corporation v. City of Beaumont being no action taken in Executive Session, Council adjourned. Tina Broussard, City Clerk vtoil o Minutes — June 16, 2020