HomeMy WebLinkAbout08/18/2020 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 If
Audwin Samuel, Ward III August 18, 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 August 18, 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 1-2/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Michael Cooper with the Church I Am, gave the invocation. Mayor Ames led the Pledge of
Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were MayorAmes, 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
Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda
CONSENT AGENDA.
* Approval of minutes — August 11, 2020
Confirmation of committee appointments — None
A) Approve the renewal of an annual maintenance agreement with SirsiDynix for the Library
System — Resolution 20-169
Minutes —August 18, 2020
B) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize final payment to Brystar Contracting, Inc., for the Cartwright Avenue and Goliad
Street Storm Sewer Drainage Repair Project — Resolution 20-170
C) Authorize the City Manager to execute Change Order No. 1 to the contract with T.
Construction, LLC, for the Helbig Road Pipe Bursting Contract Project — Item Pulled
D) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and
authorize final payment to Gulf Coast, a CRH Company, for the Pine Street Asphalt
Resurfacing Project — Resolution 20-171
Councilmember Samuel moved to approve the Consent Agenda. Councilmember Pate
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
Consider an ordinance granting a new solid waste franchise agreement with Neches
Management Services.
According to City Ordinance 22.05.101, no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained
a franchise from the City. Nine entities currently have nonexclusive franchise agreements
with the City and are doing business in this area. Neches Management Services has
requested that the City Council grant the company such franchise agreement. Neches
Management Services manages construction and disposal services for clients locally with an
office at 1440 Spindletop Ave. Beaumont, TX 77705.
The requested franchise is generally the same as those previously approved by City Council.
It 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.
This is the first reading.
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
Approval of the ordinance.
Minutes —August 18, 2020
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO NECHES
MANAGEMENT SERVICES. Councilmember Samuel seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-038
2. Consider a resolution approving a contract to replace the computer equipment for the back-
up generators at the Surface Water Treatment Plant.
The Pine Street Surface Water Treatment Plant maintains three generators as back-up
power sources. Components of the computer hardware and software to properly operate the
generators are outdated and require replacement. The Programmable Logic Controllers,
Human -Machine Interfaces, and Transducers will be replaced and tested under this project.
Mustang CAT of Beaumont is the sole -source vendor for the purchase and installation of this
equipment. The project will cost $268,880.
Funds will come from the Capital Program.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MUSTANG CAT, OF BEAUMONT, TEXAS, A
SOLE SOURCE PROVIDER, IN THE AMOUNT OF $268,880.00, FOR THE PURPOSE AND INSTALLATION
OF UPDATED COMPUTER HARDWARE AND SOFTWARE FOR THE BACK-UP GENERATORS LOCATED AT
THE PINE STREET WATER TREATMENT PLANT. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-172
PUBLIC HEARING
* Dangerous Structures
Public Hearing Open: 1:43 p.m.
Randy Moore 2060 Nora St. Beaumont TX
Item #31 2055 Nora
Minutes —August 18, 2020
Henry R. Ware 2160 Cashmere Port Arthur, TX
Item #18 2829 5th St.
Bryant Tolmore 758 Campus St. Beaumont TX
Item #9 758 Campus St.
Mayank Vadher 6315 Madera Ln. Beaumont TX
Item #27 7360 Lewis
Gary Vaughn 8115 San Carlos St. Beaumont TX
Item #40 8115 San Carlos
William McCullough 2670 FM 92 Silsbee TX
Item #11 785-787 Caston
Public Hearing Close: 2:05 p.m.
3. Consider an ordinance to declare fifty (50) structures to be unsafe structures and orderthe
owners to raze the said structures within ten (10) days. If the property owner fails to comply
within ten (10) days, staff is requesting City Council authorization to demolish these
structures without further notification to the property owner or City Council action.
Additionally, if the property owner of a structure requests and is authorized by City Council to
enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be
established prior to enrollment in the work program. Enrollment in the work program shall
occur within ten days after the effective date of this ordinance.
1. 893 Alma — rear building only
2. 257 Berry
3. 10597 Black
4. 3325 Blackmon — shed only
5. 1790 Briarcliff
6. 2145 Broadway
7. 1540 Brooklyn
8. 8535 Broussard
9. 758 Campus — includes garage
10.798 Campus — garage only
11.785-787 Caston - duplex
12.1640 Church
13.1458 Church
14.2630 Cox
15.1170 Cottonwood — garage only
16.2450 Delaware — includes shed
17.2640 Cox
18.2829 S. 5th — includes shed
Minutes -August 18, 2020
19.2415 Forrest
20.440 E. Gill
21.1055 Grant
22.525 Harriot
23.970 Harriot
24.2375 Harriot
25.5340 Kenneth — includes shed
26.2270 Lela
27.7360 Lewis
28.3605 W Lynwood
29.3670 Mchale
30.2210 Linson
31.2055 Nora
32.440 Neicy
33.1811 011ie
34.985 Oakland — includes shed
35.2410 Potts
36.4580 Pershing — includes shed
37.8110 San Carlos — includes garage
38.7790 San Bruno — shed only
39.8235 San Diego
40.8115 San Carlos — garage only
41.2065 Sarah — includes 2 sheds
42.8270 San Diego
43.3209 Shannon
44.7130 Scotts
45.3632 St James
46.735 Simmons
47.3855 Waco — shed only
48.3875 Waco — includes shed
49.7215 Willis
50.2315 Wilson
These structures have been inspected by the Building Codes Division and found to be unsafe
structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article
24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International
Property Maintenance Code. Additionally, these structures have deteriorated to a condition
that they are no longer considered suitable for repair.
Fund sources may include General Funds and Community Development Block Grant
(CDBG) funding.
Approval of the ordinance.
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING
STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR
REPAIR; AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #9, 11, 18, 27, 31 AND 40, TO ENTER
INTO A 150 DAY WORK PROGRAM, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY.
Councilmember Pate seconded the motion.
Minutes —August 18, 2020
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-039
COMMENTS
Public Comments (Persons are limited to three minutes)
Hilda Hilts
3955 Robinson St.
Beaumont TX
Spoke to Council regarding her property, stated that the city drainage department used her
yard as a roadway with dump trucks, diggers etc., due to the city using her yard a hill was
made which caused water to flow toward her home, the usage of her property by the city
occurred before Hurricane Harvey, stated that her house flooded and she lost everything in
the back part of her home, she went to the drainage department between Hurricanes Harvey
and Imelda to explain to them what they did to her property, they were supposed to send
someone out to her home and no one ever came, her home flooded from Hurricane Imelda,
stated that she filed papers with the city for damage her home received from Hurricane
Imelda, she received a letter from the city stating they would not fix her property because
Harvey was two years ago, stated she didn't file for Harvey she filed for Imelda, the
destruction that the city did on her property was never corrected and it still isn't, she can't
stay in the home due to the amount of water that the home has received
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER GETZ - STATED THAT THIS PAST WEEK THERE WAS A PLANNING AND
ZONING MEETING SCHEDULED AND WASN'TABLE TO CONVENE
DUE TO THE LACK OF A QUORUM, UNDERSTANDS THAT IT'S
SUMMER AS WELL AS A PANDEMIC, THERE ARE ISSUES THAT
NEED TO BE ADDRESSED THAT HE THINKS SHOULDN'T BE PUT
OFF UNTIL NEXT MONTH, ASKED THAT CONSIDERATION BE
GIVEN TO HAVE A SPECIAL CONVENED PLANNING AND ZONING
MEETING EARLIER THAN NEXT MONTH, MAYBE AS EARLY AS
NEXT WEEK, MADE COMMENTS REGARDING THE PROPOSED
BUDGET FOR FY 2021, REQUESTED THAT THE PROPOSED
BUDGET BE LISTED ON THE AGENDA AS AN ITEM FOR
DISCUSSION EACH WEEK FROM NOW UNTIL THE TIME THAT
COUNCIL VOTES ON THE BUDGET SO THAT IF ANY
COUNCILMEMBER HAS QUESTIONS THEY CAN GET ANSWERS IN
A PUBLIC SETTING, ANNOUNCED THE VIRTUAL DOWLEN/WEST
NEIGHBORHOOD ASSOCIATION MEETING ON AUGUST 18,
2020, COMMENDED ALL INVOLVED WITH THE PLANNING OF
OFFICER SHEENA YARBROUGH-POWELL',S FUNERAL, AGAIN
GAVE CONDOLENCES TO THE POWELL FAMILY
Minutes — August 18, 2020
COUNCILMEMBER NEILD - STATED THAT DURING THE 2020 BUDGET REVIEW SEVERAL
COUNCILMEMBERS MENTIONED REVAMPING THE EVALUATION
PROCESS FOR THE DIRECT HIRES OF COUNCIL, STATED THAT
HE WOULD LIKE TO DISCUSS THIS IN EXECUTIVE SESSION ON
NEXT WEEK AHEAD OF THEIR OFFICIAL EVALUATION PROCESS
THAT SHOULD BE TAKING PLACE IN THE NEXT FEW WEEKS SO
THAT COUNCIL COULD BE BETTER PREPARED, ALSO
REQUESTED A WORKSESSION ON CITY CLEANUP EFFORTS,
STATED THAT THEY HAVE GOT TO TAKE CONTROL OF THE WAY
THE CITY LOOKS RIGHT NOW, COMMENTED ON A PACKET THAT
WAS RECEIVED FROM A CITIZEN REGARDING PANHANDLING
THAT IS GOING ON AROUND THE CITY, WOULD LIKE TO SEE
ANOTHER WORKSESSION ON THIS TO DISCUSS FURTHER
MAYOR PRO TEM FELDSCHAU - AGREED WITH COUNCILMEMBER NEILD, STATEDTHAT BEFORE
COVID-19 HIT THERE WAS A PARTNERSHIP BETWEEN SOME
OF THE COUNCILMEMBERS AND CATHEDRAL OF THE PINES
CHURCH TO ADDRESS THE HOMELESS SITUATION, THE
PANDEMIC HIT AND IT WAS PUT ON PAUSE, WANTED THE
CITIZENS TO KNOW THAT THE SITUATION ISN'T BEING IGNORED
AND ACTION NEEDS TO BE TAKEN, COMPLETELY AGREES THAT
SOMETHING NEEDS TO BE DONE, HIS CHURCH IS BRINGING THIS
BACK ON THEIR RADAR TO TRY TO ADDRESS THE ISSUE,
COUNCIL DOES KNOW THAT PANHANDLING IS A PROBLEM AND
IS AWARE OF IT, COUNCIL IS TRYING TO FIND A WORKABLE
SOLUTION
COUNCILMEMBER PATE - STATED THAT ON TODAY AUGUST 19, 2020, 100 YEARS AGO
WOMEN GOT THE RIGHT TO VOTE, IT'S THE SAME DAY THAT THE
FIRST BLACK STUDENT .LAMES MEREDITH WENT TO THE
UNIVERSITY OF MISSISSIPPI AND GRADUATED, ASKED THAT
EVERYONE CONTINUE TO PRAY AND BE THANKFUL EVERYDAY
THAT YOU WAKE UP
COUNCILMEMBER SAMUEL - STATED THAT ON SATURDAY THE SPIRIT OF SHEENA
YARBROUGH POWELL REMINDED HIM TO ALWAYS LOOK
BEYOND THE UNIFORM AND TO LOOK BEYOND THE SURFACE OF
AN INDIVIDUAL BUT LOOK INTO THEIR SOULS WHERE THE SPIRIT
LIVES, IT'S EASY IN THIS DAY AND TIME WHEN YOU FIND SO
MANY PEOPLE ATTEMPTING TO DIVIDE, ONE THING THAT WAS
RESOUNDING AT OFFICER POWELL'S FUNERAL WAS "BLESSED
ARE THE PEACE MAKERS FOR THEY SHALL BE CALLED
CHILDREN OF GOD", SHEENA WAS A PEACEMAKER AND HER
SPIRIT WILL LIVE FOREVER, SHE WANTED TO HELP MAKE
BEAUMONT THE BEST IT CAN BE, BEAUMONT HAS ANOTHER
ANGEL AND HER LIGHT WILL CONTINUE TO SHINE FOREVER
Minutes —August 18, 2020
COUNCILMEMBER MOUTON - GAVE CONDOLENCES ONCE MORE TO THE FAMILY OF OFFICER
SHEENA YARBROUGH-POWELL, COMMENTED ON THE 19TH
AMENDMENT THAT WAS PASSED ON THIS DAY GIVING WOMEN
THE RIGHT TO VOTE, CONGRATULATED MEGAN PELIGAN A
SENIOR AT BEAUMONT UNITED HIGH SCHOOL, MEGAN WAS
SELECTED OUT OF 300 ROTARY STUDENTS AT THE ROTARY
YOUTH LEADERSHIP CAMP, SHE WAS ONE OF TWENTY FOUR
STUDENTS SELECTED TO SERVE AS STUDENT COUNCIL FOR
THE ROTARY YOUTH LEADERSHIP ASSOCIATION CONFERENCE
FOR FY 2021
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - REMINDED COUNCIL THAT THEY HAVE ADOPTED RULES TO
PLACE ITEMS ON THE AGENDA, ASKED THAT
COUNCILMEMBERS SEND HIM AN EMAIL REGARDING AN ITEM
THAT THEY WANT PLACED ON THE AGENDA AND A SECOND
FROM ANOTHER COUNCILMEMBER AND HE WILL BE -GLAD TO
PLACE THE ITEM ON. THE AGENDA, ALSO GAVE AN UPDATE AS
THE WHERE THE ADMINISTRATION IS REGARDING THE SALE OF
THE UNNAMED STATUE THAT WAS REMOVED FROM WEISS
PARK
MAYOR AMES - STATED THAT SHE AGREED WITH COUNCILMEMBER GETZ
REGARDING THE PLANNING AND ZONING COMMISSION,
STATED THAT SHE'S ALWAYS THOUGHT THAT IT WAS RUDE TO
CITIZENS TO KEEP THEM WAITING OR TO PUT THEM OFF WHEN
THEY EXPECT SOMETHING TO BE PASSED ESPECIALLY -IF IT'S
NEEDED, WAS DISAPPOINTED THAT THE MEETING SCHEDULED
FOR YESTERDAY HAD TO BE CANCELLED, THE MEETING WASN'T
CANCELLED DUE TO A COUNCIL QUORUM BUT DUE TO THE
LACK OF A COMMISSION QUORUM, ASKED QUESTIONS
REGARDING HAVING ANOTHER MEETING BEFORE THE
SCHEDULED MEETING FOR NEXT MONTH, AGREED WITH
COUNCILMEMBER NEILD REGARDING THE TRASH SITUATION,
DOESN'T KNOW IF IT'S DUE TO THE HOMELESSNESS OR THE
PANDEMIC BUT HAS NOTICED HOW THE CITY LOOKS, THINKS
IT'S BECAUSE OF THE PANDEMIC AND ATTENTION BEING
DIRECTED TOWARDS IT, WOULD LIKE FOR COUNCIL TO COME
UP WITH SOME IDEAS OTHER THAN WHAT IS ALREADY BEING
DONE, ASKED THAT CITIZENS WOULDN'T THROW TRASH OUT OF
THEIR VEHICLES, MENTIONED THAT THE CENSUS IS STILL GOING
ON, ASKED THAT IF CITIZENS HAVEN'T DONE THEIR CENSUS TO
PLEASE DO SO, GAVE CONDOLENCES ONCE MORE TO THE
FAMILY OF OFFICER SHEENA YARBROUGH-POWELL
Minutes —August 18, 2020
With there being no Executive Session, Council adjourned at 2:43 p.m.
Tina Broussard, City Clerk
Minutes —August 18, 2020