HomeMy WebLinkAbout07/28/2020 MINBEAUMONT
T E X A S
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern
Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III JULY 28, 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 July 28, 2020, at the City
Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following:
OPENING
Invocation Pledge of Allegiance Roll Call
Presentation and Recognition
Public Comment: Persons may speak on scheduled agenda items 1, 4-10/Consent Agenda
* Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Father Luis Urizza with Cristo Rey 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 Feldschau, Councilmembers Neild, Getz,
Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City
Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
None
Mayor Ames read the announcement regarding Executive Session being held at the
conclusion of the General Business portion of the meeting.
Public Comment: Persons may speak on scheduled agenda items 1, 4-10/Consent Agenda
Dr. Qamar Arfeen 1740 Thomas Rd. Beaumont TX
Spoke regarding item No. 1 on the Agenda; to consider amending Ordinance No. 20-028
related to the Public Health Emergency Disaster for the City of Beaumont and opening
certain city facilities
Minutes — July 29, 2020
Nichole Hancock 4215 Brownstone Dr. Beaumont TX
Spoke regarding item
related to the Public
certain city facilities
CONSENT AGENDA
No. 1 on the Agenda; to consider amending Ordinance No. 20-028
Health Emergency Disaster for the City of Beaumont and opening
Approval of minutes — July 21, 2020
Confirmation of board and commission member appointments — This item was deferred
Sandy Pate would fill the unexpired term of Cory Crenshaw as an Alternate to the Planning and
Zoning Commission. The term would commence July 28, 2020 and expire September 30, 2021.
(Mayor Becky Ames)
A) Approve the renewal of an annual support agreement with Creative Switching Designs, Inc.
for the City's phone system — Resolution 20-152
B) Approve the settlement of the claim of Bertha Jackson — Resolution 20-153
C) Authorize the City Manager to execute Change Order No. 5, accept maintenance, and
authorize final payment to Excavation & Construction, LLC — Resolution 20-154
Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Consider amending Ordinance No. 20-028 related to the Public Health Emergency Disaster
Orders for the City of Beaumont and opening certain City facilities.
On June 23, 2020, the City Council amended the Emergency Disaster Orders for the City of
Beaumont to allow for the opening of all previously closed City facilities on or before July 31,
2020, with the exception of the Lakeside Center.
Mayor Ames and Mayor Pro Tern Feldschau have requested that this item be placed on the
agenda the reconsider the opening of certain facilities.
Councilmember Neild moved to AFFIRM THE ORDINANCE THAT WAS PASSED ON JUNE 23, 2020.
Councilmember Getz seconded the motion.
Minutes — July 29, 2020
J
AYES: COUNCILMEMBERS NEILD, GETZ AND PATE
NAYS: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND
MOUTON
MOTION TO AFFIRM FAILED
Before the vote on the motion, Councilmember Pate moved to AMEND COUNCILMEMBER
NEILD'S MOTION TO SEPARATE THE EVENT CENTRE FROM THE JULIE ROGERS, JEFFERSON THEATRE
AND THE CIVIC CENTER WHICH WILL REMAIN CLOSED UNTIL SUCH TIME THAT THE COUNCIL FEELS IS
APPROPRIATE. Councilmember Neild Seconded the motion.
AYES: COUNCILMEMBERS NEILD, GETZ AND PATE
NAYS: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND
MOUTON
MOTION TO AMEND FAILED
Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY
OF BEAUMONT AMENDING ORDINANCE 20-028 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER
ORDERS FOR THE CITY OF BEAUMONT; CONTINUING THE CLOSURE OF CERTAIN CITY FACILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL.
Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS SAMUEL AND
MOUTON
NAYS: COUNCILMEMBERS NEILD, GETZ AND PATE
MOTION PASSED
Ordinance 20-031
Councilmember Getz motion for a recess, Mayor Pro Tern Feldschau seconded the
motion.
Council recessed at 3:30 p.m.
Council reconvened at 3:42 p.m.
2. Consider a request for an Amended Specific Use Permit to allow the expansion of an air
conditioning supply warehouse in a GC -MD (General Commercial — Multiple Family Dwelling)
District located at 980 N Martin Luther King Parkway.
M.O. Kothawala, representing M & B Investments, L.P., is requesting an amended S.U.P.
(Specific Use Permit) to allow the expansion of a wholesale heating and air conditioning
supply business located at 980 N. M.L. King Pkwy. City Council approved an S.U.P. to allow
the existing wholesale heating and air conditioning supply business in 2007. A Variance for
setbacks along the north and east property lines was also approved by the Board of
Adjustment. The new building will provide an additional 5,000 square feet of space.
Minutes — July 29, 2020
The previous Amended SUP was conditioned on a six (6) foot wide landscaping strip along
the west side of the parking area. The additional parking was added, but the landscaping
was not. In addition, staff has become aware of a possible issue with the south property line
and therefore the required parking. This issue could be resolved by adjusting the site plan
and if need be the parking lot, or by purchasing the lot to the south.
At a Joint Public Hearing held on July 20, 2020, the Planning Commission recommended
5:0 to approve the request for an Amended Specific Use Permit to allow the expansion of
an air conditioning supply warehouse in a GC -MD (General Commercial — Multiple Family
Dwelling) District with the following conditions:
1. Provide a six (6) foot wide landscape strip along the west side of the parking lot
between the two (2).driveways as per City of Beaumont Ordinance requirements.
2. Provide an eight (8) foot tall, wood or masonry screening fence along the east property
line.
3. Show sidewalk on site plan.
4. Resolve issues with the property line to the south.
Approval of the ordinance with the following conditions:
1. Provide a six (6) foot wide landscape strip along the west side of the parking lot
between the two (2) driveways as per City of Beaumont Ordinance requirements.
2-. Provide an eight (8) foot tall, wood or masonry screening fence along the east property
line.
3. Show sidewalk on site plan.
4. Resolve issues with the property line to the south.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN
AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN AIR CONDITIONING SUPPLY
WAREHOUSE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING DISTRICT AT 980 N.
MARTIN LUTHER KING, JR. PARKWAY, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS. Councilmember Mouton seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-032
3. Consider a request for a Specific Use Permit to allow an RV (Recreational Vehicle) Park in
an LI (Light Industrial) District located at 5497 Fannett Road.
R & P Brothers, L.L.C. has requested a Specific Use Permit to construct a Recreational
Vehicle Resort at 5497 Fannett Road. The proposed RV (Recreational Vehicle) resort will
provide 60 lots. An office/club house will provide laundry facilities, showers, and men's &
women's restrooms. The site plan shows 20 visitor parking spaces and one ADA compliant
parking space.
Minutes — July 29, 2020
At a Joint Public Hearing held on July 20, 2020, the Planning Commission recommended 5:0
to approve the request for a Specific Use Permit to allow an RV (Recreational.Vehicle) Park
in an LI (Light Industrial) District with the following condition:
This project will require an approved drainage plan and will require an adequate
detention basin per Drainage District #6 requirements.
Approval of the ordinance with the following condition:
1. This project will require an approved drainage plan and will require an adequate
detention basin per Drainage District #6 requirements.
Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW A RECREATIONAL VEHICLE (RV) PARK IN AN LI (LIGHT INDUSTRIAL)
DISTRICT AT 5497 FANNETT ROAD, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS. Councilmember Neild seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-033
4. Consider an ordinance authorizing the issuance of City of Beaumont, Waterworks and Sewer
System Revenue and Refunding Bonds, Series 2020, and authorizing the Mayor or City
Manager and Chief Financial Officer to approve the amounts, interest rates, prices, and
terms thereof for both series and to execute all documents related to the sale of the Bonds.
As presented in a work session last week, the City plans to borrow $25 million to complete
various water and sewer projects that are currently in the construction phase and to start new
projects identified in the Capital Program. In addition, there is an estimated $32.3 million of
outstanding revenue bonds that can be refunded to achieve a lower interest rate and
savings.
Historically, when the City issued or refunded revenue bonds, the sale would take place on a
Monday to bring the transactions forward at the City Council meeting the following day. With
the quickly changing financial markets, the most favorable time to enter the market may not
be the day before a City Council meeting. Instead the ability of a local government to time its
entry into the financial markets and thereby obtain the best borrowing terms can significantly
impact the borrowing costs. Section 1207.007 Texas Government Code allows a City to
enter the bond market at any time in accordance with parameters established and approved
by the City Council. Through a parameter bond ordinance, a Council delegates final pricing
authority to a Pricing Officer, usually the Mayor or City Manager and/or City Manager's
Designee, and establishes and approves bond sale parameters such as maximum interest
rate, minimum savings threshold for refunding, maximum aggregate principal amount of
issue, final maturity date and expiration of delegated authority which is normally six (6)
months. The Pricing Officer can only approve the sale if all parameters are met.
Minutes — July 29, 2020
This results in flexibility such that the bond issue may be priced at any time and in an interest
rate environment that is advantageous to the City rather than being locked into pricing on the
date of the Council meeting.
The proposed parameters included in the proposed ordinance for Series 2020, as described
above, includes:
Delegated Pricing Officers: Mayor or City Manager and Chief Financial Officer
Maximum Principal Amount Series 202OA: $44.5 million
Maximum Principal Amount Series 202OB: $13.5 million
Interest Rate: Not greater than 4.5% per annum
Minimum Savings Threshold: 3% present value savings
Expiration of Parameter Authority: January 1, 2021
Interest will be payable semiannually in March and September beginning March 1, 2.021.
Principal and interest are paid from the Water Utilities Fund which is supported by water
and sewer revenues.
Approval of the ordinance.
Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE
CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE AND REFUNDING BONDS,
SERIES 2020A IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED;
AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGERAND CHIEF FINANCIAL OFFICERTO APPROVE
THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS
RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS
REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR
MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION
OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF
THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE
AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN
OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW
AGREEMENTS; AUTHORIZING THE PURCHASE. OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED
SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT;
AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS. Councilmember Neild seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-034
Minutes — July 29, 2020
Councilmember Mouton moved to ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF THE
CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS,
SERIES 2020B IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED;
AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND CHIEF FINANCIAL OFFICER TO APPROVE
THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS
RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS
REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR
MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION
OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF
THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE
AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN
OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW
AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN ESCROWED
SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT;
AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-035
5. Consider an ordinance authorizing the issuance of City of Beaumont, General Obligation
Refunding Bonds, Series 2020A and City of Beaumont General Obligation Refunding Bonds,
Taxable Series 2020B and authorizing the Mayor or City Manager and Chief Financial
Officer to approve the amounts, interest rates, prices, and terms thereof for the series and to
execute all documents related to the sale of the Bonds.
As presented in a work session last week, there is an estimated $111.1 million of outstanding
general obligation and certificates of obligation bonds that can be refunded in order to
achieve a lower interest rate and savings.
Historically, when the City issued or refunded obligation bonds, the sale would take place on
a Monday in order to bring the transactions forward at the City Council meeting the following
day. With the quickly changing financial markets, the most favorable time to enter the market
may not be the day before a City Council meeting. Instead the ability of a local government to
time its entry into the financial markets and thereby obtain the best borrowing terms can
significantly impact the borrowing costs. Section 1207.007 Texas Government Code allows a
City to enter into the bond market at any time in accordance with parameters established and
approved by the City Council. Through a parameter bond ordinance, a Council delegates
final pricing authority to a Pricing Officer, usually the Mayor or City Manager and/or City
Manager's Designee, and establishes and approves bond sale parameters such as
maximum interest rate, minimum savings threshold for refunding, maximum aggregate
principal amount of issue, final maturity date and expiration of delegated authority which is
normally six (6) months. The Pricing Officer can only approve the sale if all parameters are
met. This results in flexibility such that the bond issue may be priced at anytime and in an
Minutes — July 29, 2020
interest rate environment that is advantageous to the City rather than being locked into
pricing on the date of the Council meeting.
The proposed parameters included in the proposed ordinance for Series 2020 as described
above, includes:
Delegated Pricinq Officers: Mayor or City Manager and Chief Financial Officer
Est. Maximum Principal Amount Series 202OA: $32 million
Interest Rate: Not greater than 4.5% per annum
Minimum Savings Threshold: 4.5% present value savings
Expiration of Parameter Authority: December 31, 2020
Interest will be payable semiannually in March and September beginning March 2021.
Est. Maximum Principal Amount Taxable Series 202OB: $82 million
Interest Rate: Not greater than 4.5% per annum
Minimum Savings Threshold: 4.5% present value savings
Expiration of Parameter Authority: December 31, 2020
Interest will be payable semiannually in March and September beginning March 2021.
Principal and interest are paid from the Debt Service Fund.
Approval of the ordinance.
Councilmember Neild moved to ADOPT AN ORDINANCE ADOPT AN ORDINANCE AUTHORIZING THE
ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2020A IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING
EACH OF THE MAYOR, THE CITY MANAGER AND CHIEF FINANCIAL OFFICER TO APPROVE THE
AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING
THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH
BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE
PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF
THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE
AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN
OUTSTANDING OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE
'ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN
ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW
AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENTAND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
Minutes - July 29, 2020
NAYS: NONE
MOTION PASSED
Ordinance 20-036
Councilmember Pate moved to ADOPT AN ORDINANCE ADOPT AN ORDINANCE AUTHORIZING THE
ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2020B IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING
EACH OF THE MAYOR, THE CITY MANAGER .AND CHIEF FINANCIAL OFFICER TO APPROVE THE
AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING
THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH
BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE
PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF
ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF
THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE
AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN
OUTSTANDING OBLIGATIONS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE
ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND, SUBSCRIPTION FOR CERTAIN
ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW
AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING
AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS
REGARDING SUCH BONDS. Mayor Pro Tern Feldschau seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-037
6. Consider a resolution providing for the reimbursement of capital expenditures incurred prior
to the closing of financing.
The 2020 Capital Program Budget includes ongoing water and sewer infrastructure
improvements that will continue into FY 2021. As of June 30, 2020, the Water Utilities
Improvement Fund has a cash balance of just over $550,000. Bond proceeds in the amount
of $25 million is being requested to fund those ongoing infrastructure improvements for fiscal
years 2021 and 2022. The proceeds from this bond issue will not be received until early
October of 2020 and it is expected that the Water Utilities Fund will have depleted the
remaining cash balance prior to receiving those funds. A reimbursement resolution is
warranted to allow the City to reimburse itself out of the proceeds of the financing.
The debt proceeds related to this financing will be recorded in the Water Utilities
Improvement Fund.
Approval of the resolution.
Minutes = July 29, 2020
7
Councilmember Mouton moved to APPROVE A RESOLUTION DECLARING AN INTENT TO REIMBURSE
THE CITY OF BEAUMONT FOR CERTAIN FUNDS EXPENDED IN CONNECTION WITH THE CITY'S FUNDING
OF WATER AND SEWER INFRASTRUCTURE IMPROVEMENTS FROM PROCEEDS OF WATERWORKS AND
SEWER SYSTEM REVENUE BONDS TO BE ISSUED WITH THE CITY WITHIN ONE YEAR. Councilmember
Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-155
Consider a resolution approving a contract for the purchase of sodium hydroxide foruseby
the Water Utilities Department.
Sodium hydroxide is used to purify the City's water supply. The Water Utilities Department
expects to purchase approximately five hundred thirty-two (532) dry tons of this material
during the term of this contract.
Formal bids were requested from nine vendors; four responded. DXI Industries, Inc.
responded with a bid of $428.42 per ton and a total estimated amount of $227,919.44. This
represents an $18.42/ton or (4.5%) increase in the price of this material over the last
contract. Specifications allow for a six-month contract with the option of two renewals of six-
month terms at the same pricing as the awarded contract. DXI Industries, Inc., has
previously held this contract. There are no local vendors of this commodity.
Funds will come from the Water Utilities Fund.
Approval of the resolution.
Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY DXI
INDUSTRIES, INC., OF HOUSTON, TEXAS, FOR A SIX (6) MONTH CONTRACT, WITH THE OPTION OF TWO
(2) RENEWALS OF SIX (6) MONTH TERMS AT THE SAME PRICING AS THE AWARDED CONTRACT, FOR
THE PURCHASE OF SODIUM HYDROIXIDE IN THE UNIT PRICES FORAN ESTIMATED TOTAL EXPENDITURE
OF $227,919.44 BE ACCEPTED BY THE CITY OF BEAUMOTN; AND, THAT THE CITY MANAGER BE AND
HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH DXI INDUSTRIES, INC., OF HOUSTON,
TEXAS. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-156
Minutes — July 29, 2020
8. Consider a resolution authorizing the City Manager to award a contract to Placo, Ltd., of
Lumberton, for the Astor Street Lift Station Repairs.
The contract shall provide for the removal of the existing electrical panel and installation of a
new elevated platform, and new electrical equipment to the Astor Street Lift Station due to
damages from Tropical Storm Harvey.
On July 8, 2020, three (3) bids were received for furnishing all labor, materials, equipment,
and supplies for the project. The bid totals are indicated in the table below:
Contractor
Contractor Location
Total Award
Amount
Placo, Ltd.
Lumberton, Texas
$151,546.39
BDS Constructors LLS dba MK Constructors
Vidor, Texas
$153,587.00
ALLCO
Beaumont, Texas
$203,851.00
Engineer's Estimate
$112,000.00
Based on a review of the bids and required documents received, the Water Utilities
Department agrees with Schaumburg & Polk, Inc., and recommends awarding the project to
the lowest bidder, Placo, Ltd., in the amount of $151,546.39 A total of 120 calendar days
are allocated for the completion of this project.
$101,647.43 will come from FEMA and $49,898.96 will come from the Harvey Fund.
Approval of the resolution.
Councilmember Neild to APPROVE RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE
AWARD OF A CONTRACT TO PLACO, LTD., OF LUMBERTON, TEXAS, IN THE AMOUNT OF $151,546.39,
FOR THE ASTOR STREET LIFT STATION REPAIRS PROJECT AND THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PLACO, LTD., OF LUMBERTON, TEXAS.
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON
NAYS: NONE
ABSTAIN: MAYOR PRO TEM FELDSCHAU
MOTION PASSED
Resolution 20-157
9. Consider a resolution approving a contract for the construction of a new fixed knot and
ornamental fence at the Tyrrell Park Botanical Garden Center.
The City requested proposals for a new fixed knot and ornamental fence system to enclose
the Tyrrell Park Botanical Garden Center complex to mitigate damage to the property by feral
hogs.
Bids were requested from twelve (12) vendors and two responses were received. The low
qualified bid to complete the base bid was received from Al Maida of Beaumont in the
Minutes — July 29, 2020
amount of $65,500 with an alternate bid of $5,500 for the installation of approximately 1,643
linear feet of below grade hog barrier.
The contractor will complete the base bid. in 30 calendar days or a total of 45 calendar days if
the alternate bid is awarded.
Funds will come from the Capital Reserve Fund.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY Al
MAIDA, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $65,500.00 FOR THE INSTALLATION OF A NEW
FIXED KNOT AND ORNAMENTAL FENCE AT TYRRELL PARK BOTANICAL GARDEN CENTER, WITH AN
ALTERNATE BID OF $5,500.00 FOR THE INSTALLATION OF APPROXIMATELY 1,643 LINEAR FEET OF
BELOW GRADE HOT BARRIER BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY
MANAGER IS AUTHORIZED TO EXECUTE A CONTRACT WITH Al MAIDA, OF BEAUMONT, TEXAS.
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-158
WORK SESSION
Review and discuss the findings of the Phase I Assessment of the Sewer
System
Russ Ford with Lockwood, Andrews and Newman Inc., (LAN), reviewed and
discussed the findings of the Phase I Assessment of the Sewer System. The key
terms discussed was the SSOI which is the Sanitary Sewer Overflow Initiative, the
sewer shed which is the collection system that flows to a common junction, the inflow
and infiltration, as well as the overflow, fats, roots, oils and grease that's found in the
sanitary sewer. There was also discussion regarding the introduction to the project
and the area of study in which there's more than 85 square miles of service area, 700
miles of sanitary sewer, 70 lift stations, 9,500 manholes and field work in 5 subareas
of the system.
The SSOI Phase 1 will consist of several components which will include the primary
task, focus, prioritization, plan and conduct of the field work, as well as the data
integration, recommendation for the rehab/repair of manholes, steps to be taken, the
existing conditions that need to be completed and the existing conditions
observations. The summary of the SSOI Phase 1 was the scope of the work, the
goals to be accomplished and the manhole rehab/repair/replacement contracts.
Minutes — July 29, 2020
Review and discuss the operations of the Water Department
Kyle Hayes, City Manager reviewed and discussed the operations of the Water
Department. Mr. Hayes stated that the Water Department is a $53 million dollar
operation, it's the city's largest department from a dollar standpoint. The city operates
the water plant that provides potable water to an estimated 120,000 residents as well
as to businesses and some industry. The Water Department is also responsible for a
sewer treatment plant, a water maintenance/repair division, a sewer
maintenance/repair division as well as a quality control division. There were
questions asked by Councilmembers regarding the brown water that was reported by
citizens, those questions were answered by staff present at the meeting.
Review and discuss making application to FEMA for Hurricane Harvey Direct
Administrative Costs
Bart Bartkowiak, Public Works Director reviewed and discussed making application to
FEMA for Hurricane Harvey Direct Administrative Costs (DAC). Mr. Bartkowiak stated
that during certain federally declared disasters administrative cost directly involving
recovery efforts by employees are eligible for reimbursement. Normally, this time is
calculated separately by each project. However, following "Superstorm" Sandy's
impact on the Northeast portion of the Country, FEMA established a pilot program to
simplify and reduce the administrative burden on all parties by allocating 4% of total
federal funding awarded to the jurisdiction as an additional allocation to cover
administrative cost. Upon completion of the project repairs, an additional 1 % of the
total allocation is awarded. This option was offered for Hurricane Harvey for DAC,
which covers payroll time for working directly on Harvey related projects. Beaumont
has 69 projects ongoing with FEMA, currently obligating about $68.8 million dollars.
Several projects have not been obligated yet and some additional funding is likely. At
this time, approximately $2.7 million dollars is available under (DAC), this is 100% with
no match required.
Staff would like to apply for the DAC funding for a number of projects, the projects
need to be mitigation type projects related to preventative measures or improvement
for future events. The list has money for updating Atlas 14 for the Master Drainage
Study as well as getting LAN's help to apply for a large river diversion project.
Approximately $110,000.00 for payroll reimbursement for administrative cost,
$10,000.00 for a sandbagging machine, $37,000.00 for a personal flotation device for
first responders, $500,000.00 for two additional caustic storage tanks at the Pine
Street water plant, $200,000.00 for a mixer for the Dishman water storage tank,
$250,000.00 to upgrade a SCADA system at the Loeb water treatment facility and
$400,000.00 for rehabilitation of the Loeb water storage tanks.
GENERAL BUSINESS
10. Consider a resolution authorizing the City Manager to make application to FEMA for
Hurricane Harvey Direct Administrative Costs.
During certain federally declared disasters, administrative costs directly involving recovery
efforts by employees are eligible for reimbursement. Normally, this time is calculated
separately for each project. However, following "Superstorm" Sandy's impact on the
Northeast portion of the country, FEMA established a pilot program to simplify and reduce the
Minutes —July 29, 2020
administrative burden on all parties by allocating 4% of total federal funding awarded to the
jurisdiction as an additional allocation to cover administrative costs. Upon completion of the
project repairs, an additional 1 % of the total allocation is awarded. This option was offered for
Hurricane Harvey for Direct Administrative Costs (DAC), which covers payroll time for
working directly on Harvey related projects. Beaumont has 69 projects ongoing with FEMA,
currently obligating about $68.8M. Several projects have not been obligated yet and some
additional funding is likely. At this time, approximately $2.7M is available.
Staff would like to apply for DAC funding for the following projects to the extent DAC is
available:
1. Approximately $276,330 would for an Atlas 14 update to the Master Drainage plan to
comply with latest rainfall projections.
2. Approximately $110,000 for Payroll reimbursement for administrative costs in
processing Harvey projects over the past three years.
3. Approximately $10,000 for a sandbagging machine that would reduce personnel
requirements for filling sandbags.
4. Approximately $37,000 for Personal Flotation Devices (PFDs) to mitigate hazards for
first responders conducting search and rescue operations in high water and flooded
areas.
5. Approximately $500,000 for two additional caustic storage tanks at the Pine Street
water plant needed for maintaining water production when it is difficult to get
additional chemical shipments.
6. Approximately $200,000 for a "mixer" for the Dishman Water Storage Tank to mitigate
water stagnation during off-peak usage.
7. Approximately $250,000 to upgrade the SCADA system at Loeb .Water Treatment
Facility to enhance reliability and enable remote monitoring and control.
8. Approximately $400,000 for rehabilitation of the Loeb water storage tanks to mitigate
leakage and protect the water integrity.
Funds will come from the FEMA Direct Administrative Costs.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL IS OF THE
OPINION THAT IT IS IN THE BEST INTEREST OF THE CITIZENS OF BEAUMONT TO AUTHORIZE THE CITY
MANAGER TO APPLY TO FEMA FOR HURRICANE HARVEY DIRECT ADMINISTRATIVE COSTS (DAC).
Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-159
Minutes — July 29, 2020
COMMENTS
Public Comments (Persons are limited to three minutes)
Steve Hoffman 7045 Blarney St. Beaumont TX
Spoke to Council regarding the brown water and the fact that citizens are afraid of the
discoloration, citizens are concerned that they aren't getting the right information concerning
the brown water, asked that the city get the information out on social media and that the
information be accurate, also there should be press releases put out on the news channels
etc., so that citizens will know what's going on prior to it happening, asked the city to just be
transparent
Councilmembers/City Manager/City Attorney. comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - NONE
COUNCILMEMBER GETZ - STATED THAT CITIZENS CAN HANDLE A LOT IF THE CITY PREPS
THEM AND TELLS THEM WHAT'S COMING, THE CITY HAS THE
ABILITY TO COMMUNICATE WITH CITIZENS, WHEN THE CITY
KNOWS THAT SOMETHING BAD IS ABOUT TO HAPPEN INFORM
THE CITIZENS PRIOR TO IT HAPPENING, ENCOURAGE THE
ADMINISTRATION TO USE SOCIAL MEDIA TO KEEP CITIZENS
INFORMED
MAYOR PRO TEM FELDSCHAU - STATED THAT HE BELIEVES THAT EVERY MEMBER OF THE
COUNCIL, CITY STAFF, MEDICAL PERSONNEL AND THE
MAJORITY OF THE COMMUNITY ARE CONCERNED WITH THE
HEALTH AND WELLBEING OF THE CITIZENS, THERE MAY BE
DIFFERENT OPINIONS OF HOW WE MITIGATE THE PANDEMIC BUT
WE MUST REMIND OURSELVES TO STAY UNIFIED IN OUR DEFEAT
OF IT, THERE ARE TWO VIRUSES IN OUR COMMUNITY, ONE
BEING COVID-19 AND THE SECOND IS THE ENTRENCHING
DIVISIVE AND SOMETIMES UNYIELDING ATTITUDE THAT IS
TEARING AT THE VERY FABRIC OF OUR COMMUNITY, FAMILY
AND FRIENDS ARE BEING DIVIDED OVER MASK, SOCIAL
DISTANCING, THE REPORTING OF NUMBERS AND YES THE
OPENING AND CLOSING OF VENUES, STATED THAT A HEALTHY
DEBATE IS GOOD AND A HEALTHY DEBATE IS RIGHT BUT WE
MUST AGREE TO DISAGREE WITHOUT VILIFYING OUR
NEIGHBORHOODS, LET US MAKE SURE WE LIVE THROUGH THE
PANDEMIC AND ARE ABLE TO LIVE WITH EACH OTHER AFTER
IT'S OVER
COUNCILMEMBER PATE - STATED THAT MAYOR PRO TEM FELDSCHAU MENTIONED
LEADERSHIP, STATED THAT LEADERSHIP IS THE ABILITY TO GET
PEOPLE TO DO WHAT YOU WANT THEM TO DO BECAUSE THEY
WANT TO DO IT, STATED THAT DATA SHOULD BE LOOKED AT
BUT IT WON'T ALWAYS BE INTERPRETED IN THE SAME WAY,
Minutes — July 29, 2020
EVERYONE NEEDS TO MAKE SURE THEY ARE LOOKING AT THE
SAME THING, COUNCIL WILL ALWAYS WORK TOGETHER BUT
MAY NOT ALWAYS AGREE
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER MOUTON - THANKED THE MAYOR FOR ALLOWING HER TO HAVE A
MOMENT OF SILENCE FOR HOUSE REPRESENTATIVE JOHN
LEWIS TO REMEMBER HIS LIFE AND LEGACY, THANKED DR.
ARFEEN AND DR. HANCOCK WHO GAVE EXPRESSIONS OF
WHAT THEY DEAL WITH AS DOCTORS ON A DAILY BASIS AND
FOR WHAT'S HAPPENING IN THE COMMUNITY AND HOSPITALS,
APPRECIATED THE INFORMATION THAT WAS PROVIDED, GAVE
CONDOLENCES TO THE FAMILIES OF COACH ANDREW
WASHINGTON, REV. VICKIE GIBBS, DOROTHY LYNDSEY,
AARON TAYLOR AND WILLIS JACKSON
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - COMMENTED ON COVID-19, THERE'S BEEN THREE MORE
DEATHS FROM COVID ON TODAY, REMINDED EVERYONE
ABOUT THE 2020 CENSUS, IF CITIZENS HAVEN'T FILLED OUT
THE CENSUS, ASKED THAT THEY DO, STATED THAT TWO
COUNCILMEMBERS HAVE TALKED ABOUT DIVISIVENESS AND
WORKING TOGETHER, THINKS THEY ALL SHOULD TRY HARD TO
WORK TOGETHER AND NOT ATTACK EACH OTHER, STATED
THAT SHE BELIEVES IN LEADERSHIP AND THAT LEADERSHIP
SOMETIMES TAKES THE COURAGE TO DO THINGS THAT MIGHT
NOT BE POPULAR BUT IT'S DONE TO PROTECT YOURSELF AND
THE FUTURE, MEANING OUR CHILDREN, WE WILL GET THROUGH
THIS
Open session of meeting recessed at 6:02 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.072 of the Government Code:
Specifically city -owned property at 3455 Sarah Street
being no action taken in Executive Session, Council adjourned
a
Tina Broussard, City Clerk
Minutes — July 29, 2020
ABSTENTION AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
i,_�&nAi FfI� d6c gas a member of the"&-� ( Coun ' , Commission, or
Board) mat this affidavit and hereby on oath state the following: I, and/orIa person or persons related to
me, ha a substantial interest in a business entity that would be peculiarly affected by a vote or decision
of the .UM 6VUt (City Council, Commission, or Board) as those terms are defined in V.T.C.A.,
Local Government Code, § 1
The business entity is: L+ eA � --:`%'m 0
(Name)
(Address)
("I," or name of relative and relationship) have/has a substantial interest in this
business entity for the following reasons: (check all of which are applicable.)
Ownership of 10 percent or more of the voting stock or shares of the business entity.
Ownership of either 10 percent or more or $15,000 or more of the fair market value of the
business entity.
Funds received from the. business entity exceed 10 percent of (my, her, his) gross
income for the previous year.
Real property is involved, and (I, he, she) have an interest which is an equitable
or legal ownership with a fair market value of, at least $2,500.
A relative of mine, within the first or second degree by blood or marriage, has a substantial
interest in the business entity or property that would be affected by a decision of the public
body of which I am a member.
Upon filing of this affidavit with the City Cleric, I affirm that I will abstain from voting on any decision involving
this business entityandfrom any f rther participation on this matter whatsoever.
Signed this the D L4 oay of , 20 4 0 .
of Official
Title _
BEFORE ME, the undersigned authority, on this day personally appeared , L i
and on oath stated that the facts hereinabove stated are true to the best of his/her k wledge or belief.
SWORN to and subscribed before me A this the day of A , 20Z.
U ' kTINA GAIL BRQUSSARD 4L
°''' ...- Notary Public, State of Texas Notary Public in and for the Sate of Texas
.. �� Comm: Expires 01-12=2023
.Notary ID 11435119