HomeMy WebLinkAbout10/20/2020 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 Getz, Ward II
Audwin Samuel, Ward III OCTOBER 20, 2020 Robin Mouton, Ward IV
Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with
the Texas Open Meetings Act, Texas Government Code, Chapter 551 on October 20, 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/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Reverend Robert Sartan, Associate Minister of Cathedral of Faith Baptist 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. Absent: Tyrone Cooper, City Attorney. Also present were Kyle Hayes,
City Manager; Sharae Reed, 1st Assistant City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
None
Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda
None
CONSENT AGENDA
* Approval of minutes — October 13, 2020
Confirmation of board and commission member appointments - None
A) Approve the purchase of two street sweepers for use in the Streets & Drainage Division —
Resolution 20-223
Minutes — October 20, 2020
B) Approve the purchase of two excavators and three track loaders for use in various City
Departments - Resolution 20-224
C) Approve the purchase of a new ambulance box - Resolution 20-225
D) Approve the renewal of an annual maintenance and software agreement with WatchGuard
Video for use in the Police Department - Resolution 20-226
E) Approve the purchase of edraulic tools for use in the Fire Department - Resolution 20-227
F) Approve a contract with Ana -Lab Corporation of Kilgore for Wastewater Laboratory Services -
Resolution 20-228
G) Approve a payment of dues to the South East Texas Regional Planning Commission
(SETRPC) for Fiscal Year 2021 - Resolution 20-229
H) Approve a resolution changing authorized signatories for the City of Beaumont's Transit
System Clearing Account held at Wells Fargo Bank, NA - Resolution 20-230
Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
DISCUSSION ITEM
Review and discuss a proposed Tyrrell Park Detention Project
Dr. Joe Majdalani, with Drainage District 6 reviewed and discussed a proposed Tyrrell
Park Detention Project. The discussion included steps to be taken regarding the grant
application such as DD6 and the City doing a joint application with the Texas General
Land Office for funding under the Hurricane Harvey CDBG-MIT competition. Dr.
Majdalani stated that DD6 will be the lead jurisdiction and the estimated cost of
$49,380,000.
The project information was discussed, the project site is 600 acres with 350 acres of
wet area, 3.5 million cubic yards of excavated material, 2,100 acres of feet storage
volume (684,288,000 Gal) and 9 feet of average depth (100-yearflood), there will be a
dry bottom in normal conditions. DD6 will provide local funds in the amount of
$488,910,000 with a duration of three years construction. Hillebrandt Bayou will see
lower floodwater surface as a result of this storage.
Minutes — October 20, 2020
GENERAL BUSINESS
Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with
Jefferson County Drainage District No. 6 (DD6) for the proposed Tyrrell Park Detention
Project and to submit an application to the Texas General Land Office for funding for the
Project.
The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for
Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation
Competition funds. This project will focus on creating a new detention pond to help with
drainage in the Tyrrell Park area of Beaumont. DD6 will serve as the primary grant recipient
for the project.
The City of Beaumont and DD6 agree to split the required 1 % match 50/50. The estimated
project cost is $49,605,050.
Funds will come from the Capital Program — Streets and Drainage Improvements Fund. The
estimated cost to be paid by the City is $248,025.25.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION TO INCLUDE THAT DD6 WILL TOTALLY
FUND 1 % OF THE PROJECT AND WHICHEVER WAY THE LAND WILL BE MAINTAINED BY DD6 COUNCIL
WILL APPROVE AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE
DISTRICT NO.6 (DD6) FOR THE TYRRELL PARK DETENTION PROJECT AND THAT THE CITY MANAGER IS
HERE AUTHORIZED TO SUBMIT AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE FOR FUNDING
FOR THE TYRRELL PARK DETENTION PROJECT. Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-231
2. Consider a resolution authorizing the City Manager to submit an application to the Texas
General Land Office (GLO) for Community Development Block Grant —Mitigation (CDBG-MIT)
Program funding for a new Water Treatment Plant.
Hurricane Harvey severely impacted the City of Beaumont and the City's ability to produce
treated water. In order to increase resiliency within the Water System, anew west end Water
Treatment Plant, to work in conjunction with our existing Water Plant on the east side of
town, is proposed. The proposed new plant would be located in the west end of Beaumont
out of the areas flooded by Harvey. The plant would use raw water from the LNVA canal
system to produce treated water and would replace the current Loeb groundwater treatment
system.
The estimated cost of the project is $98,893,419.90 with a required 1 % match in the amount
of $988,934.20.
Minutes — October 20, 2020
Funds will come from the Capital Program —Water Improvements Fund. The estimated cost
to be paid by the City is $988,934.20.
Approval of the resolution.
Councilmember Neild moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE
(GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM; AND
AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND
AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM. 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
Resolution 20-232
3. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with
Jefferson County Drainage District No. 6 (DD6) for the proposed South Park Drainage
Project and to submit an application to the Texas General Land Office for funding for the
Project.
The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for
Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation
Competition funds for a proposed South Park Drainage Project. This project will focus on
creating a new river diversion and tying into the storm drainage system serving South Park.
The City of Beaumont will be the primary grant recipient for this project.
The City of Beaumont and DD6 agree to split the required 1 % match 50/50. The estimated
project cost is $49,000,000. DD6 agrees to reimburse the City for 50% of the match costs
not to exceed $245,000.00.
Funds will come from the Capital Program — Streets and Drainage Improvements Fund. The
estimated cost to be paid by the City is $245,000.00.
Approval of the resolution.
Councilmember Mouton moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE
(GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM; AND
AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND
AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT). Councilmember Neild
seconded the motion.
Minutes — October 20, 2020
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-233
4. Consider a resolution approving the purchase of 25 vehicles for use in various City
departments.
Replacement vehicles are requested through the City's budget process. The Fleet Manager
reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a
recommendation is made to replace worn and obsolete vehicles that are no longer cost
effective to operate. The vehicles to be purchased are replacing models ranging from 2000 to
2017, except one Ford F-450 crew model truck that will be an addition to the City's Water
Reclamation fleet. The vehicles being replaced will be disposed of in accordance with the
City's surplus equipment policy.
The vehicles will be purchased from Silsbee Ford in the amount of $1,026,601.58. Pricing
was obtained through the GoodBuy purchasing cooperative, which provides cities and
political subdivisions the means to purchase specialized equipment at volume pricing.
GoodBuy complies with State of Texas' procurement statutes.
Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty
service is provided by local authorized dealerships.
Funds will come from the Capital Reserve Fund ($825,782.25), Water Utilities Fund
($168,409.38), Solid Waste Fund (32,409.95).
Approval of the resolution.
Mayor Pro Tern Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE PURCHASE OF TWENTY-FIVE (25) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS
FROM SILSBEE FORD, SILSBEE, TEXAS, IN THE AMOUNT OF $1,026,601.58 THROUGH THE GOODBUY
COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Resolution 20-234
PUBLIC HEARING
Receive comments on a proposal to establish the Suez WTS USA, Inc. -Project
Clear Reinvestment Zone
Minutes — October 20, 2020
Public Hearing Open: 2:15 p.m.
None
Public Hearing Close: 2:15 p.m.
5. Consider approving an ordinance establishing the Suez WTS USA, Inc. -Project Clear
Reinvestment Zone for the purpose of offering economic incentives.
Under Texas law, cities are allowed to offer a variety of economic development incentives in
order to attract new development as well as encourage the expansion and upgrading of
existing industries. One important incentive that a city can offer is a tax abatement under
Chapter 312 of the Texas Tax Code which allows for abatement of taxes in exchange for
substantial capital investment and job creation. Cities wanting to offer tax abatements must
do so in accordance with an adopted Tax Abatement Policy and the abatement must occur
within an established Reinvestment or Enterprise Zone. The City's Tax Abatement Policy
was last approved in August 2020. Suez Water Technology Solutions, located on College
Street, just west of the Municipal Airport, recently approached the City, seeking incentives for
a potential investment of $40 million in the upgrading of their existing facility. This would
result in approximately 75 construction jobs and the retention of 60 full-time jobs.
In order to consider this abatement at a future meeting, the Administration is proposing the
establishment of the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose
of commercial and industrial tax abatements. The boundaries of the proposed Zone are
attached and, in accordance with Chapter 312 of the Tax Code, the designation of this area
will likely result in the retention or expansion of primary employment and major investment.
Once the Zone has been established, any abatement requests would be presented to City
Council for consideration. All area taxing entities have been notified of the proposal to
designate this zone.
Council conduct the Public Hearing and approve the Ordinance.
Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE
DESIGNATING AN AREA AS THE SUEZ WTS USA, INC. REINVESTMENT ZONE PURSUANT TO THE TEXAS
REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX
INCENTIVES; PROVIDING FOR SEVERBILITY; AND PROVIDING FOR REPEAL. Councilmember Neild
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ,
PATE, SAMUEL AND MOUTON
NAYS: NONE
MOTION PASSED
Ordinance 20-059
Minutes — October 20, 2020
COMMENTS
Public Comments (Persons are limited to three minutes)
Robert Dunn Sr.
Darrell Antwine
6340 Durango Dr.
7960 Silverleaf St.
Beaumont TX
Beaumont TX
Stated that they both are School Board Trustees for BISD, both spoke to Council regarding
the school crossing guards, stated that they were confused as to why the city has chosen to
stop working with BISD when it comes to the crossing guards, the children are their most
precious commodity, the streets belong to the city, they want to make sure that the kids are
safe, was told by a City Councilmember that at one of the meetings it was stated that a
section of the City Charter was read where the city divorced BISD, they also understand that
the charter is years old, the school district has been working with the city for over 25 years,
and for the city to stop protecting the citizens was very alarming to them, the school district
has done over $395,000 of business through MOU's with the city for emergencies and other
things, the resolution was signed but the district isn't happy with it, asked that Council take
another look at this, the district does want to continue working with the city on all aspects
even when it comes to emergencies, the school district has helped with the use of buses to
transport evacuees and to use schools as shelters etc.
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER GETZ - ASKED THE CITY MANAGER ABOUT THE OCCUPANCY OF THE
COUNCIL CHAMBERS AND HOW IT'S DETERMINED AS TO HOW
MANY PEOPLE CAN ENTER THE CHAMBERS DURING A COUNCIL
MEETING OR A PLANNING AND ZONING MEETING, WANTED TO
KNOW IF THE CITY WAS OPERATING UNDER THE GOVERNORS
DIRECTION OF 75% OCCUPANCY, (THE MAYOR STATED THAT
THE CITY WAS OPERATING UNDER 50%, THAT'S WHAT THE
GOVERNORS ORDER SAYS FOR PUBLIC FACILITIES UNLESS IT'S
CHANGED, ASKED THAT LEGAL PLEASE DOUBLE CHECK THAT,
ANNOUNCED THAT THE DOWLEN/WEST NEIGHBORHOOD
ASSOCIATION WILL MEET VIRTUALLY ON TUESDAY, OCTOBER
20, 2020, GAVE CONDOLENCES TO STEVE AND NANCY
HOFFMAN ON THE LOSS OF THEIR SON, COMMENTED ON THE
CROSSING GUARD/BISD ISSUE, ANNOUNCED ON SATURDAY,
OCTOBER 24, 2020, THE SOUTH EAST TEXAS PLANNING
COMMISSION WILL HAVE A HAZARDOUS WASTE COLLECTION
EVENT IN BRIDGE CITYAT 1029 W. ROUNDBUNCH RD., FROM
8:00 A.M. TO 1:00 P.M., ALSO THE SYMPHONY OF SOUTH
EAST TEXAS WILL BE PERFORMING IN PERSON AT THE
BEAUMONT CIVIC CENTER, SATURDAY, OCTOBER 24, 2020,
AT 7:30 P.M.
Minutes - October 20, 2020
COUNCILMEMBER NEILD - COMMENTED ON THE CROSSING GUARD ISSUE, READ FROM
THE CHARTER WHAT IT STATES REGARDING THE CITY OF
BEAUMONT AND BISD AND WHAT WAS APPEALED WAS DONE
IN 2003, DOESN'T KNOW HOW THE PREVIOUS SPEAKERS
STATED THAT THIS WAS DONE OVER 30 YEARS AGO, ALSO
STATED THAT WHEN THE CITY WAS HELPING WITH CROSSING
GUARDS BISD DIDN'T HAVE A POLICE FORCE AS THEY DO NOW
WHICH COST THE SCHOOL DISTRICT AROUND $3.5 MILLION
DOLLARS, ON THE SCHOOL DISTRICT'S WEB SITE THAT'S ONE
OF THE THINGS THEY TALK ABOUT, THE MANAGING OF THE
CROSSING GUARDS, OUT OF ALL THE SCHOOLS THAT BISD
HAVE IT'S HIS UNDERSTANDING THAT ABOUT EIGHT OF THE
SCHOOLS HAVE BEEN TURNED OVER TO CHARTERS BECAUSE
THEY ARE FAILING, IT'S HIS UNDERSTANDING THAT THE CITY
HAS STILL BEEN PROVIDING CROSSING GUARDS FOR THOSE SO
HE'S NOT CLEAR ON WHAT THE DIFFERENCE IS BETWEEN A
CHARTER SCHOOL THAT'S RUN/OWNED BY BISD VERSUS
EVERY OTHER CHARTER SCHOOL IN THE CITY, THINKS THAT
THEY ARE GETTING INTO A LOT OF GREY AREAS AND AT THE
END OF THE DAY IT'S BISD'S RESPONSIBILITY TO GET KIDS TO
SCHOOL SAFELY AND PROPERLY EDUCATE THEM, DOESN'T
THINK THE CITY OF BEAUMONT TAX PAYERS SHOULD BE
PAYING TWICE FOR THE CROSSING GUARDS
MAYOR PRO TEM FELDSCHAU - EVERYONE UNDERSTANDS THAT WE ARE IN AN ELECTION
CYCLE, THE NUMBERS ARE EXTREMELY HIGH FOR EARLY
VOTING, REGARDLESS OF YOUR POLITICAL VIEWS, VALUES OR
AFFILIATION EVERYONE CAN AGREE THAT THE POLITICAL
PROCESS AND PARTICIPATION IS A GOOD THING, ENCOURAGED
THOSE THAT HAVEN'T VOTED TO PLEASE DO SO, EARLY VOTING
ENDS OCTOBER 30, 2020
COUNCILMEMBER PATE - REITERATED WHAT MAYOR PRO TEM FELDSCHAU STATED
REGARDING VOTING, IT'S A RIGHT, A PRIVILEGE AND A
RESPONSIBILITY, STATED THAT IT'S BREAST CANCER
AWARENESS MONTH, WILL CONTINUE TO ENCOURAGE
EVERYONE TO SEE THEIR DOCTOR, AS EVERYONE KNOWS
CANCER CAN KILL, APPRECIATES ALL THAT THE CITY STAFF
CONTINUES TO DO AFTER A STORM
COUNCILMEMBER SAMUEL - ENCOURAGED EVERYONE TO GO OUT AND VOTE, THOSE WHO
HAVE NOT DON'T WAIT UNTIL ELECTION DAY, CAST YOUR VOTE
WHILE YOU CAN BECAUSE TOMORROW ISN'T PROMISED,
EVERY VOTE COUNTS, IF YOU WANT CHANGE YOU HAVE TO BE
A PART OF MAKING THE CHANGE, IT'S OUR RESPONSIBILITY
COUNCILMEMBER MOUTON - GAVE CONDOLENCES TO THE FAMILY OF GERALDINE
KNIGHTEN RUSSELL, ENCOURAGED EVERYONE TO GET OUT
AND VOTE, DON'T WAIT, MAKE YOUR VOICE COUNT
CITY ATTORNEY COOPER - ABSENT
Minutes — October 20, 2020
1ST AsST. CITY ATTORNEY REED- NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - STATED THAT THERE WAS A VERY LOUD WARNING SIGNAL
THAT WAS HEARD IN THE DOWNTOWN AREA EARLIER,
INFORMED EVERYONE THAT IT'S NOTHING TO BE ALARMED
ABOUT, AS SHE UNDERSTANDS IT, IT WAS A LIGHTENING
WARNING SYSTEM THAT WAS PUT IN BY JEFFERSON ENERGY,
THE SYSTEM LETS THE PLANT KNOW WHEN THERE IS
LIGHTENING WITHIN FIVE TO SEVEN MILES OF THE PLANT, THE
WARNING GOES OFF AGAIN WHEN IT'S SAFE FOR THE
EMPLOYEES TO REENTER THE PLANT, THE PLANT IS LOCATED
IN ORANGE COUNTY, IT CAN BE HEARD IF YOU ARE IN THE
DOWNTOWN AREA
there being n Executive Session, Council adjourned at 2:36 p.m.
cky Ames, yor
ha BrolOssard, City Clerk
6
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Minutes — October 20, 2020