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HomeMy WebLinkAbout11/16/2021 MIN BEAVM © NT Ir E x sa s MINUTES OF THE CITY OF B FEE All,UMONT COUNCIL MEETING Albert"A_J_" Turner Jr., At-Large ROBIN MOUTON, MAYOR Randy Feldschau, At-Large Taylor Meild,Ward 1 CITY COUNCIL MEETING Michael Getz,Ward 11 Audwin Samuel, Mayor Pro Tem NOVEMBER 16, 2021 Chris E3ur1o,Wartl 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 November 16, 2021, 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 Proclamations, Presentation and Recognition — Receive an update related to C(:>ME)-19 from Kenneth Coleman, Public Health Uoirector Public Comment: Persons may speak on the Consent Agenda and Agenda items 1 & 2 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edward Petty with Mount Rose Missionary Baptist 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 Tern Samuel, Councilmembers E)urio, Getz, Turner, FeldSchaU and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk_ Proclamations, Presentation, Recognitions None Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments_ Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1 & 2 Landry Rountree 1505 S_ Major fir_ Beaumont TX Spoke regarding Item A on the Consent Agenda; commented on the approval of the minutes, ask that Council vote on this item separately, would like to hear discussions concerning the public comment section, stated that he felt like out of the six people that spoke there was a form of censorship for three of the citizens whose comments related to the COVI[D-19 vaccines Minutes—November 10,2021 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 November 9, 2021, City Council Meeting Minutes. B. Confirmation of board and commission member appointments - Resolution 21-307 Roger Sorrell would be appointed to the Board of Adjustment (Zoning). The term would commence November 16, 2021 and expire November 15, 2023. (Mayor Robin Mouton) Brenda White (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Ann Rothkamm (Ex-officio) would be appointed to the Convention and Tourism Advisory Board. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Sarah Javed would be appointed to the Historic Landmark Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Roger Sorrell would be appointed as an Alternate to the Planning and Zoning Commission. The term would commence November 16, 2021 and expire September 30, 2023. (Mayor Robin Mouton) Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2023. (Mayor Robin Mouton) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2023. (Mayor Robin Mouton) Christy Amuny would be reappointed as an Alternate to the Board of Adjustment (Zoning). The current term would expire March 23, 2023. (Mayor Robin Mouton) C. Approve the renewal of a software maintenance agreement with CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS - Resolution 21-308 D. Authorize a contract with BCBS for Stop Loss Insurance - Resolution 21-309 E. Approve the purchase of one dump truck for use in the Streets & Drainage Division - Resolution 21-310 F. Approve the purchase of two trucks for use at Beaumont Municipal Transit- Resolution 21- 311 G. Authorize the settlement of the claim of Tamela Jones - Resolution 21-312 H. Authorize the settlement of the claim of Sylvia Perry - Resolution 21-313 Minutes—November 16,2021 I. Authorize the settlement of the claim of Daphne Rivera-Santiago - Resolution 21-314 J. Authorize the settlement of the claim of Daphne Lopez-Rivera - Resolution 21-315 Mayor Pro Tern Samuel moved to approve the Consent Agenda with an amendment to item A; under Public Comments and express that the citizens that spoke regarding the COVID-19 vaccine be amended to state that the citizens spoke negatively toward the COVID-19 vaccines. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the lease of thirty-three vehicles with Enterprise FM Trust for use in various City departments. In September of 2016, City Council approved an equity lease agreement with Enterprise FM Trust(EFM)through Resolution No. 16-187. The contract was awarded by the city to EFM by utilizing the TIPS USA cooperative contract#2072816. The City of Beaumont's fleet includes over 400 vehicles that are lightweight or medium sized vehicles. These vehicles range in age from new to more than 20 years old with the average age of seven (7) years. Each year during the budget process, all fleet vehicles are looked at for age, mileage, maintenance and repair cost, and priority in providing city services to determine if they need to be replaced. EFM's fleet management program provides a solution to this problem of aging vehicles through equity leases and resale. The equity lease is typically for a term of five years. At the end of the lease term the city can either purchase the vehicle for the residual value or can have EFM sell the vehicle through auction whereby the city receives the net proceeds.At that time the city can either keep the proceeds or use them to put another new vehicle under lease. The advantages to this program include the creation of a replacement cycle for City vehicles that tend to be left behind, improved fuel efficiency, reduced maintenance costs, higher resale return through a broad and well-established resale network and more properly matched vehicles to the needs of the operation. There are no wear and tear penalties, or mileage restrictions built into the lease. The Texas Local Government Code Chapter 791 allows a governmental agency to enter a joint purchasing agreement. The city entered this lease agreement with EFM through Region VIII Education Services Center, The Interlocal Purchasing System or TIPS which awarded a competitively bid contract. Funds will come from the Capital Reserve Fund -$173,400.56 and the Water Utilities Fund - $26,336.76. Approval of the resolution. Minutes—November 16,2021 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO LEASE THIRTY-THREE (33) VEHICLES FOR USE BY THE VARIOUS CITY DEPARTMENTS PURSUANT TO THE EXISTING MASTER EQUITY LEASE AGREEMENT AS AMENDED BETWEEN THE CITY OF BEAUMONT AND ENTERPRISE FM TRUST. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-316 2. Consider an ordinance to amend Ordinance No. 21-036 to more appropriately describe the abandonment of a portion of an alley located at 3154 Shannon Avenue. Grant Keller of Vaquero Ventures is requesting abandonment of the alley located within Block 1, South End Addition, without the retention of an easement. Mr. Keller would like to build a coffee shop at this location. Plans have been submitted to relocate the existing sewer line allowing the alley to be abandoned. Although Water Utilities is in favor of the abandonment, they would prefer to see the sewer line remain in place with the retention of an easement as long as no facilities are placed within the easement. In addition, the contractor should include expansion joints at the easement lines to facilitate any necessary future repairs. An amended legal description has been provided by the applicant and is included in the exhibits. At a City Council meeting held on June 15, 2021, City Council approved the request to abandon a portion of an alley with the following condition: 1. Expansion joints shall be placed along the edge of the easement. The applicant has requested that a different legal description (Exhibit B) be included with the Ordinance. Approval of the ordinance with the following condition and the new legal description (Exhibit B): 1. Expansion joints shall be placed along the edge of the easement. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 21-036 TO PROVIDE AN AMENDED PROPERTY DESCRIPTION FOR A VACATED AND ABANDONED 230'X 20'PORTION OF AN ALLEY RESERVING AND RETAINING AN EXISTING SEWER LINE EASEMENT IN BLOCK 1 OF THE SOUTH END ADDITION,WITH THE CONDITION, BEAUMONT,JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE Minutes—November 16,2021 MOTION PASSED Ordinance 21-236-A COMMENTS * Public Comments (Persons are limited to three minutes) Steve Hoffman 7045 Blarney St. Beaumont TX Spoke regarding the Battleship Texas, asked that Council think more about bringing the Battleship to Beaumont, commented on the AT&T building, stated that most citizens don't think the city should get rid of the building, there could also be a restaurant with a nice view on the top level of the building, also made comments regarding the Council meeting on television, suggested that more mics be added to the podium so citizens can hear Brian Nepveaux 3415 Laurel Beaumont TX Announced that Operation Beaumont Beautification will take place on Saturday, November 20, 2021, at 10:00 a.m., asked that everyone meet at St. Charles Plaza at the corner of Dowlen and Phelan in the parking lot of Little Caesars, water, grabbers and trash bags will be provided, thanked the city for providing a trash truck to pick up all the trash that will be collected, looking forward to seeing everyone on Saturday Landry Rountree 1565 S. Major Dr. Beaumont TX Thanked Councilmembers Getz, Samuel and Neild for hearing his petition and the language that was changed in the city minutes, read lyrics to a song by a recording artist named Kathy Troccoli called "It's The Small Things", thanked Councilmember Turner who read a proclamation for Ms. Dupree who turned 79 years old, asked that Council keep Ms. Dupree in their prayers, also thanked Council and staff for raising a dangerous structure that was next door to Ms. Duprees home, mentioned his four daughters that were in the audience attending the meeting Lance J. Gans 1107 McFaddin St. Beaumont TX Spoke regarding the Beaumont Transit, stated that there's a lot of complaints regarding the transit, the drivers are making citizens late and not letting a lot of citizens ride the buses, the bus drivers are very unprofessional, he hasn't been able to ride the bus since May, doesn't have any transportation, has had job opportunities come his way but due to not being able to ride the bus he couldn't get to those jobs, was advised that he needed to speak with Council regarding the issue, stated that he needs to start riding the bus again, asked if Council would assist him with this matter Ava Graves 1090 Roberts Ave. Beaumont TX Stated that she's speaking on behalf of McCabe Roberts Avenue United Methodist Church, wanted to thank Council for their support with the McCabe Roberts 2020 partnership with the 2020 Census, received a substantial grant from the Hogg Foundation which allowed them to hire staff to educate families on the importance of the census, they were able to knock on over 4,000 doors and assist 817 households to complete their census, that equates to Minutes—November 16,2021 around 3,000 citizens that were able to complete the census in the midst of a pandemic, the completion of the census will allow $3 to $5 million federal dollars to come into the community, asked that Council would make sure that funds will be obtained for the underserved communities, also asked that fund be secured from the infrastructure bill that has been signed, also looking to get railroad quite zones Christopher Jones 1045 Doucette Ave. Beaumont TX Addressed Council as a catalyst and founding member of the "Accountability Affiliates" as a developing 501(c)4 organization here in Beaumont, collaboration with many individuals like himself, who are also members of area civic groups, organizations, churches, institutions and political parties, are tasked daily with holding themselves accountable to the duties and obligations set before them, stated that they are now looking to include the City of Beaumont and its happenings into the position of accountability not only to the offices they elect but the operations and duties of the appointed and hired as well, the Accountability Affiliates request that all commission appointments made by the Mayor and Councilmembers be made accessible to the public, they are also requesting that if there are any other commissions needing members to make it known, asked how a citizen is able to apply or be considered for a commission appointment, the Accountability Affiliates, like all citizens of Beaumont request open-door access to members of Council, management, administration and commissions, stated they are formed not to bash or belittle, but to inform and hold all accountable to what is expected as equitable and equal representation under the law * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - THANKED KENNETH COLEMAN, PUBLIC HEALTH DIRECTOR FOR THE WEEKLY UPDATE ON COVID, GLAD TO HEAR GOOD NEWS,STILL ASKED THAT CITIZENS CONTINUE TO BE VIGILANT AS FAR AS MASK WEARING AND HAND WASHING,STATED THAT HE ATTENDED THE PARKS AND RECREATION MEETING ON THIS MORNING, HAPPY TO SEE THE APPOINTEES PARTICIPATING COUNCILMEMBER GETZ- COMPLIMENTED THE PARKS DEPARTMENT ON A PROJECT THAT THEY UNDERTOOK TO IMPROVE THE APPEARANCE OF DOWLEN ROAD BETWEEN ARLINGTON AND BERRY,THIS AREA HAD GOTTEN REALLY BAD AS TO WHERE A BRUSH HOG HAD TO BE BROUGHT IN TO CLEAR THE AREA, ANNOUNCED THAT THE DOWLENMEST NEIGHBORHOOD ASSOCIATION WILL BE MEETING AT THE ROGERS PARK COMMUNITY CENTER ON THIS EVENING AT 6:30 P.M., SADE' CHICK WITH THE PORT OF BEAUMONT WILL BE THE GUEST SPEAKER, INVITED THE COMMUNITY TO A RIBBON CUTTING THURSDAY,NOVEMBER 18, 2021 AT 2:00 P.M., AT THE CORNER OF MCFADDIN AND FOREST FOR SEVERAL HOMELESS SHELTERS THAT ARE GOING TO BE ADMINISTERED BY THE SALVATION ARMY,THEY WILL BE ABLE TO HOUSE THIRTY CITIZEN AT EACH SHELTER,AFTER THE THIRD NIGHT THE SALVATION ARMY WILL NO LONGER BE CHARGING TEN DOLLARS A NIGHT, RECOGNIZED ALLISON GETZ WHO ACHIEVED A STATE WIDE RECOGNITION ON LAST Minutes—November 16,2021 WEEK FOR BEING THE TAX ASSESSOR OF THE YEAR FOR THE STATE OF TEXAS COUNCILMEMBER TURNER- THANKED MR. ROUNTREE FOR BRING HIS DAUGHTERS TO THE MEETING, THINKS THAT IT'S GOOD THAT HIS DAUGHTERS HAD AN OPPORTUNITY TO SEE WHEN HE STEPS UP AND SPEAKS UP HIS VOICE CAN BE HEARD, THANKED MAYOR PRO TEM SAMUEL FOR AMENDING HIS MOTION REGARDING MR. ROUNTREE'S REQUEST, ASKED THAT THE GENTLEMAN THAT SPOKE REGARDING THE BEAUMONT TRANSIT SEE HIM AT THE END OF THE MEETING, HE WOULD LIKE TO GIVE HIM HIS CARD, ANNOUNCED A VISION WORKSHOP THAT WILL TAKE PLACE ON TUESDAY,NOVEMBER 23,2021,AT 9:00 A.M.,ASK FOR INPUT FROM THE CITIZENS AS TO WHAT THEY WOULD LIKE TO SEE CHANGED HERE IN THE CITY OF BEAUMONT, ASKED THAT CITIZENS EMAIL THEIR COUNCILMEMBERS AND THINKS THAT THE COUNCIL SHOULD DO A BETTER JOB OF COMMUNICATING WITH THE CITIZENS,STATED THAT LAMAR'S HOMECOMING WAS A SUCCESS COUNCILMEMBER FELDSCHAU - WISHED EVERYONE A HAPPY THANKSGIVING, BE CAREFUL AS THEY TRAVEL AND ENJOY THEIR FAMILIES MAYOR PRO TEM SAMUEL- ANNOUNCED A FLY IN AT MUNICIPAL AIRPORT ON SATURDAY, NOVEMBER 20, 2021, FROM 10:00 A.M., TO 4:00 P.M., ENCOURAGED EVERYONE TO COME OUT COUNCILMEMBER NEILD - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - STATED THAT WHEN SOMEONE COMES TO PODIUM THEY HAVE FREE LIBERTY OF SPEAKING THEIR VOICE AND WHAT THEY WOULD LIKE TO SAY, SOMETIMES IT'S NOT ALWAYS POSITIVE BUT IT'S STILL SAID, DOESN'T THINK THAT ANYONE ON COUNCIL WOULD EVER TRY TO INTERFERE WITH A CITIZEN HAVING THE FREEDOM OF SPEECH, UNDERSTANDS THAT THE CLERK IN PAST PRACTICE HAS ALWAYS DONE THINGS A CERTAIN WAY BUT THINGS CAN ALWAYS CHANGE FOR THE BETTER, THANKED MR. ROUNTREE FOR POINTING THAT OUT AND THEY NEVER WANT TO TAKE SOMEONE'S VOICE, IF MINUTES WERE TYPED IN VERBATIM OF EVERYTHING THAT WAS SAID THEY WOULD HAVE HUGE STACKS OF PAPER, NO ONE WOULD EVER WANT TO CHANGE THE PERSPECTIVE IN WHICH SOMEONE IS SPEAKING, MADE COMMENTS REGARDING MS. DUPREE AND THE PROCLAMATION THAT WAS READ FOR HER BIRTHDAY, HAS KNOWN MS. DUPREE FOR MANY YEARS AND WORKED WITH HER WHEN EMPLOYED AT SOUTHWESTERN BELL WHICH THEN CHANGED TO AT&T,WILL KEEP HER IN HER Minutes—November 16,2021 PRAYERS, ALSO ASKED THE CITY ATTORNEY IF THERE ARE ANY RESTRICTIONS TO CITIZENS RIDING THE BUS AS TO BEING REMOVED OR RESTRICTED FROM RIDING THE BUS, STATED TO THE GENTLEMAN THAT SPOKE REGARDING THE TRANSIT ISSUE TO PLEASE SEE HER AT THE END OF THE MEETING, ANNOUNCED A VISION WORKSHOP THAT WILL BE HELD ON TUESDAY, NOVEMBER 23, 2021, AT 9:00 A.M., BATTLESHIP TEXAS ALONG WITH OTHER IDEAS AS TO HOW THE CITY OF BEAUMONT WILL MOVE FORWARD ALONG WITH CITIZEN INPUT WILL BE DISCUSSED AT THE WORKSHOP,THERE WILL NOT BE A CITY COUNCIL MEETING AT 1:30 P.M., ON NOVEMBER 23, 2021,WISHED EVERYONE A HAPPY THANKSGIVING Open session of meeting recessed at 2:15 p.m. EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of ExxonMobil Corporation - Storm Sewer Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.074 of the Government Code, to wit: Position of City Manager Ro 'n Mouton MayorMOMy1�,,� k Ina Broussard, CityClerk •n 7 � w e Minutes—November 16,2021