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HomeMy WebLinkAbout02/22/2022 MINY'# MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Mayor Pro Tern FEBRUARY 22, 2022 Chris Durio, Ward IV Tina Broussard, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney 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 February 22, 2022, 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 Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Raymond McHenry with Westgate 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 Durio, Getz, Turner and Feldschau. Absent: Councilmember Neild. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Mr. Tim Romero — Director of Mardi Gras of Southeast Texas and others Recognition — Honoring Councilmember Calvin Williams, Sr., First Black City Councilmember in Beaumont, Texas 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 1-4 Ashley Broertjes 7659 Boardwalk Lumberton TX Spoke regarding Item #4 on the agenda Minutes — February 22, 2022 Harvey Steinhagen 6545 Troxton Ln. Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors Rita Hall 7860 Store Circle Beaumont TX Spoke regarding Item #4 on the agenda; consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables Holly Hamm 390 N. Major Dr. Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors Mitch Templeton 3550 Brentwood Beaumont TX Spoke regarding Item #4 on the agenda; consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables John R. Adolph 7665 Merion Dr. Beaumont TX Spoke regarding Item #1 on the agenda; consider a resolution supporting Abiding Grace Nicholas Hunter 1 9155 Mapes Beaumont TX Spoke regarding Item #2 on the agenda; consider a resolution supporting Pioneer Crossing for Seniors 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 February 15, 2022, City Council Meeting Minutes B. Approve a contract with Sanitary Supply Company for the purchase of Janitorial Supplies — Resolution 22-059 C. Authorize the repair of a pump and motor utilized at the Sewer Treatment Plant — Resolution 22-060 D. Authorize the City Attorney to accept the settlement negotiated by the Texas Attorney General in Opioid litigation against pharmaceutical manufacturer Teva — Resolution 22-061 Mayor Pro Tern Samuel moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU Minutes — February 22, 2022 NAYS: NONE MOTION PASSED AGENDA 1. Consider a resolution supporting Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, acknowledging that the proposed project is located in a census tract having more than twenty (20) percent Housing Tax Credit units per total households, acknowledging that Beaumont has more than twice the state average of units per capita supported by Tax Credits, affirming that the proposed project affirmatively furthers fair housing, and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Beaumont BFR, LP, a subsidiary of ITEX of Houston, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding'to develop Abiding Grace, a proposed eighty-four (84) to one hundred (100) unit housing development, located in the 4200 block of West Cardinal Drive. Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housingunits per capita and offers support for the project. In addition, for the project to be considered, the City would also need to acknowledge that the project is located in a census tract that has more than twenty (20) percent Housing Tax Credit units per total households. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional :consideration by TDHCA. Approval of the resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT BEAUMONT BFR, LP HAS ADVISED THAT IT INTENDS TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR 2022 HOUSING TAX CREDIT FUNDS FOR ABIDING GRACE;' IT IS HEREBY ACKNOWLEDGED THAT THE PROPOSED NEW CONSTRUCTION OR ADAPTIVE REUSE DEVELOPMENT IS LOCATED IN A CENSUS TRACT THAT HAS MORE THAN 20% HOUSING TAX CREDIT UNITS PER TOTAL HOUSEHOLD; AND, THE CITY OF BEAUMONT `HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS NO OBJECTION TO THE APPLICATION, PURSUANT TO 10 TAC §11.3(E) AND §11.4 (C)(1) OF THE QUALIFIED ALLOCATION PLAN; AND, THAT THE CITY OF BEAUMONT HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS VOTED SPECIFICALLY TO APPROVE THE CONSTRUCTION OF THE DEVELOPMENT AND TO AUTHORIZE AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT PURSUANT TO TEX. GOV'T CODE §2306.6703(A)(4); AND FOR AND ON BEHALF OF THE GOVERNING BODY, CHRIS BOONE, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT, IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO VERIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU Minutes — February 22, 2022 NAYS: NONE MOTION PASSED Resolution 22-062 2. Consider a resolution supporting Pioneer Crossing for Seniors, a proposed Housing Tax Credit (HTC) project located at the southeast corner of North Major Drive and Phelan Boulevard, acknowledging that Beaumont has more than twice -the state average of housing units per capita supported by Tax Credits and offering expressed support for the project and a commitment of funding in the form of a fee waiver not to exceed $500. Beaumont PC for Seniors, LLC, a subsidiary of BETCO of Austin, is proposing to apply to the Texas Department of Housing and Community Affairs (TDHCA) for funding to develop Pioneer Crossing for Seniors, a proposed seventy-two (72) to eighty (80) unit housing development, located approximately at the southeast corner of North Major Dr. and Phelan Blvd. ' Currently, Beaumont has more than twice the state average of housing units supported by Tax Credits or private activity bonds per capita. As such, additional subsidized units cannot be considered for this development by TDHCA unless the City acknowledges that Beaumont has more than twice the state average of subsidized housing units per capita and offers support for the project. In addition, applications that receive a Commitment of Development Funding in the amount of at least $500 in the form of a fee waiver will receive additional consideration .by TDHCA. Approval of the resolution. Councilmember Getz moved to DENY A RESOLUTION THAT BEAUMONT PC FOR SENIORS, LLC HAS ADVISED THAT IT INTENDS TO SUBMIT AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) FOR 2022 COMPETITIVE 9% HOUSING TAX CREDITS.FOR BEAUMONT PIONEERING CROSSING; THE CITY OF BEAUMONT HEREBY CONFIRMS THAT ITS GOVERNING BODY HAS VOTED SPECIFICALLY TO DENY THE CONSTRUCTION OF THE DEVELOPMENT AND TO DENY, AN ALLOCATION OF HOUSING TAX CREDITS FOR THE DEVELOPMENT PURSUANT TO TEX. GOV'T CODE §2306.6703(A)(4); AND THAT FOR AND ON BEHALF, OF THE GOVERNING BODY, CHRIS BOONE, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT, IS HEREBY AUTHORIZED, EMPOWERED, AND DIRECTED TO VERIFY THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 22-063 Minutes — February 22, 2022 3. Consider approving the purchase of a Tub Grinder for use in the Solid Waste Department. A Vermeer T05000 Tub Grinder will be purchased from Vermeer Texas -Louisiana of Cypress, Texas, in the amount of $589,960.00. The existing unit will be traded in for a credit of $60,000.00, making the overall price $529,960.00. This equipment is used to grind and mulch large items at the landfill. The new tub grinder will replace unit 5096, which is a 2008 Precision Husky 5100 KBL Tub Grinder that has exceeded its expected service life, with an estimated cost of $318,227.85 to repair and rebuild it. Bids were requested from seven vendors and two vendors responded. A warranty of one year is provided and will be serviced by Vermeer. Funds in the amount of $389,000.00 was budgeted in the Solid Waste Fund based on a quote from a prior vendor. That vendor declined to submit a bid due to the liability language contained in the bid request. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY VERMEER TEXAS-LOUISIANA, OF CYPRESS, TEXAS, FOR THE PURCHASE OF A VERMEER TG5000 TUB GRINDER FOR USE BY THE SOLID WASTE DEPARTMENT IN THE AMOUNT OF $589,960.00, WITH A VENDOR CREDIT IN THE AMOUNT OF $60,000.00 MAKING THE TOTAL PURCHASE PRICE $529,960.00, AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH VERMEER TEXAS-LOUISIANA, OF CYPRESS, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND FELDSCHAU NAYS: NONE MOTION PASSED Resolution 22-064 4. Consider a resolution rejecting a proposal for the lease and operation of Tyrrell Park Stables. Eight vendors were solicited for a Request for Proposal to lease the Tyrrell Park stables from the city for the boarding of horses as well as a venue for riding lessons. Specifications contained an option to lease the Ranger House located at the adjacent property and required a minimum monthly payment to the city of $500 per facility, payment of all utilities, as well as maintenance requirements of the facilities and the attached grounds. One submission was received from the current operators, Tyrrell Park Stables, LLC of Beaumont with an offer to pay the city $350 per month for the stables to increase to $500 per month once all riding trails are completed by the city, and $500 per month for the Ranger House minus the $1,500 security deposit�as was required by the specifications. The vendor takes exception to the maintenance requirements of the facilities and grounds and asks that the city perform all of the maintenance. Minutes — February 22, 2022 The lease is for one year with three one-year renewals. Staff recommends that Council reject the proposal for not meeting specifications. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL DOES HEREBY ACCEPT THE REQUEST FOR PROPOSALS RECEIVED FOR THE LEASE AND OPERATION OF TYRRELL PARK STABLES FROM THE.CITY FOR THE BOARDING OF HORSES AS WELL AS A VENUE FOR RIDING LESSONS. Councilmember Feldschau seconded the motion. After discussion Councilmember Getz withdrew his motion to accept the Request for Proposals and motion to table the item. Councilmember Feldschau seconded the motion. After additional discussion, to move forward with negotiating a contract with the current operators, Councilmember Getz withdrew his tabled motion with a second by Councilmember Feldschau. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL DOES HEREBY REJECT THE REQUEST FOR PROPOSALS RECEIVED FOR THE LEASE AND OPERATION OF TYRRELL PARK STABLES FROM THE CITY FOR THE BOARDING OF HORSES AS WELL AS A VENUE FOR RIDING LESSONS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, TURNER AND FELDSCHAU NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 22-065 COMMENTS Public Comments (Persons are limited to three minutes) Jeremy Pavalich 695 Chamberlin Dr. Beaumont TX Spoke regarding assisted living for seniors and affordable housing, stated that he loves affordable housing for the seniors, commented on the housing tax credits and independent contractors, asked that the city give good local contractors a leg in these projects so they can put money back into the city, asked that the city do better, build back better and give the local people a shot Louis Vaughn 9615 Mapes Beaumont TX Stated as Black History Month is being celebrated, it is good to look back and look to the present to see where we have come from and to give some indication as to where we are going without change, commented on a documentary that showed where blacks have come from throughout history, didn't know that we as blacks served over in Europe to fight for another country which was France, anyone can see this telecast and other information at forloveofliberty.org, commented on BISD and the naming rights for the football stadium, Minutes — February 22, 2022 stated that he has some concerns about the stadium particularly the athletes and patrons that attend football games at the stadium as well as other events that take place there, this stadium sits between two active landfills, the landfills are on Lafin and Labelle Roads, the Labelle Road landfill is much safer than the Lafin Road landfill yet the landfill on Labelle Road could be even safer, stated he has discussed this with Council over 15 years now and nothing has been done, read a verse from the bible Tonene Ligon Carrierre 4240 Inez St. Beaumont TX Thanked the citizens of Beaumont for signing her petition to get prayer back in school, thanked the Councilmembers for all that they do especially Councilmember Durio, commented on a home invasion in her neighborhood, asked if they could get more police to patrol in her neighborhood, asked that everyone stay safe and lock their doors Airon Reynolds 6945 Salida Ln. Beaumont TX Stated that he attended the City Council meeting on last week and expressed concerns regarding Stacy Lewis, as of this morning nothing has been done, he's been a resident of Beaumont for fifteen years, been pastoring in this city for twenty-five years, in his observation in his twenty-five years it's what he calls a good old boy system, stated that he needs Council to address the matter of Mr. Lewis, thinks that it's a disservice to have an employee to serve twenty five years and . to be given an ultimatum to resign, retire or be fired without due process, for the fifteen years that he's been a citizen he's called the City Manager several times and not one time has he returned his calls, he's grateful to Chris Boone because he returns his calls every time, stated that he has asked the Council to ask the City Manager to intervene and evidently he chose not to, so since he won't intervene, asked that Council do the City Manager like he's done Stacey Lewis and that's to fire the City Manager Paul Hall 7860 Stone Circle Beaumont TX Spoke to Council regarding the item on the agenda pertaining to Tyrrell Park Stables, commented on the proposal that was provided to them, feels that all of Council should have been given a copy of the proposal, everyone needed to understand what was voted upon, stated he knew that the agenda item would be denied, his wife loves what she does, and she will continue to do so Rita Hall 7860 Stone Circle Beaumont TX Stated that she wanted to clarify a couple of issues regarding the Tyrrell Park Stables, one is that there is someone in the garage apartment, no one was supposed to live there, there was emails back and forth and permission was given for someone to live in the garage apartment to look after the horses, stated that she also has the original contract from FY 2015, read a portion of the city's scope of work and what they are responsible for and what they will maintain, stated they did try and negotiate about 16 months ago regarding the apartment Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS Minutes — February 22, 2022 COUNCILMEMBER DURIO - THANKED EVERYONE FOR ATTENDING THE MEETING, COMMENTED ON A BLACK HISTORY PRESENTATION FOR ELECTED OFFICIALS THAT HE ATTENDED OVER THE WEEKEND GIVEN BY (PPAC) PEOPLES POLITICAL ACTION COMMITTEE, THANKED PASTOR REYNOLDS FOR THE INVITATION, STATED THAT ON THIS MORNING HE WENT TO BEAUMONT UNITED HIGH SCHOOL, THE NAVY JUNIOR ROTC HAD AN INSPECTION AND HAD SOME DRILLS, IT WAS VERY WELL DONE, THANKED PRINCIPAL POPILLION AND THE ROTC COMMANDER, THERE WAS A NAVY CAPTAIN THAT CAME IN AND DID THE INSPECTIONS OF THE CADETS, THEY MARCHED IN FORMATION AND IF THAT'S OUR FUTURE, OUR FUTURE WILL BE IN GOOD HANDS, LOOKS FORWARD TO SEEING SOME OF THOSE YOUNG FOLKS JOINING THE MILITARY COUNCILMEMBER GETZ - THANKED THE COMMUNITY FOR THEIR OUT POURING OF LOVE, SUPPORT AND PRAYERS THAT ARE BEING OFFERED UP FOR ALLISON AND THEIR FAMILY DURING THEIR DIFFICULT TIME COUNCILMEMBER TURNER - REMINDED EVERYONE THAT EARLY VOTING IS GOING ON, ENCOURAGED EVERYONE TO EXERCISE THEIR RIGHT TO VOTE, THE ELECTRIC SCOOTERS HAVE MADE THEIR ONE WEEK ANNIVERSARY IN BEAUMONT, TX, HAS RECEIVED A LOT OF PHONE CALLS AND EMAILS, WANTED COUNCIL AND THE COMMUNITY TO KNOW THAT EVERYONE IS EXCITED ABOUT THE SCOOTERS AND HOW MUCH THEY APPRECIATE THEM, ANNOUNCED MARDI GARS, FEBRUARY 24 THROUGH THE 27, 2022, THE SOUTHEAST TEXAS MURAL FEST, WILL BE MARCH 5TH AND 6TH, 2022, TASTE OF THE TRIANGLE WILL BE MARCH 1, 2022, DANCING WITH THE STARS WILL BE MARCH 5, 2022, BEAUMONT PANTHERS WILL BE AT FORD PARK ON SATURDAY, FEBRUARY 26, 2022; ADMISSION WILL BE FREE AS WELL AS A MIDDLE SCHOOL ALL STAR GAME WITH SCHOOLS FROM ALL OVER THIS AREA COUNCILMEMBER FELDSCHAU - COMMENTED ON THE DISCUSSION OF HOUSING, STATED THAT HE AGREES WITH MAYOR PRO TEM SAMUEL AND COUNCILMEMBER GETZ, THIS CAN'T BE ABOUT NOT IN MY NEIGHBORHOOD, WHATEVER IS IN THE PAST NEEDS TO STAY IN THE PAST AND WE NEED TO MOVE FORWARD, IS AMAZED AT THE DIVERSITY OF OUR CITY AND THAT'S VERY ENCOURAGING, STATED THAT UNIFIED DIVERSITY CREATES UNLIMITED POSSIBILITIES, WE ARE AN INTERNATIONAL CITY AND WE ARE BETTER FOR IT, LET'S COME TOGETHER AS ONE COMMUNITY AND ONE CITY, WE CAN WALK HAND IN HAND AND NOT EYE TO EYE MAYOR PRO TEM SAMUEL - STATED THAT HE AGREES WITH COUNCILMEMBER FELDSCHAU, STATED THAT EVEN THOUGH HE AND COUNCILMEMBER GETZ SOMETIMES OPPOSE ONE ANOTHER, IT'S GOOD TO BE ABLE TO PUT IT IN THE PAST AND MOVE ON, Minutes — February 22, 2022 WE ARE ALL LEARNING, IT'S A PART OF LIFE, THANKED PASTOR REYNOLDS FOR THE INVITATION TO THE BLACK HISTORY PRESENTATION, REALLY ENJOYED IT, ALSO STATED THAT HE HAD TO LEAVE THAT FUNCTION EARLY AS HE STOOD IN FOR THE MAYOR AT A FUNCTION WITH PHI DELTA KAPPA, THANKED THE MAYOR FOR LETTING HIM ATTEND IN HER ABSENCE COUNCILMEMBER NEILD - ABSENT CITY ATTORNEY REED - NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED CALVIN WILLIAMS JR., FOR BEING THE FIRST BLACK CITY COUNCILMEMBER, THANKED THE ALPHA PHI ALPHA FRATERNITY FOR RECOGNIZING HER ON LAST TUESDAY IN HER OFFICE WITH A DOZEN ROSES FOR BEING THE FIRST BLACK FEMALE MAYOR, ON FRIDAY NIGHT SHE HAD THE HONOR OF INTRODUCING "THEY WILL TALK ABOUT US" WHICH IS A DOCUMENTARY ABOUT THE CHARLTON POLLARD NEIGHBORHOOD IN THE SOUTH END OF BEAUMONT, IT WAS DIRECTED BY SOMEONE THAT'S A PART OF THIS COUNCIL ,EVERY TUESDAY, GORDON WILLIAMS IS RESPONSIBLE FOR FILMING THE COUNCIL MEETINGS THAT ARE SEEN ON THE CITY ACCESS CHANNEL AS WELL AS THE WEB SITE, HE IS WITH LAMAR UNIVERSITY, THANKED GORDON FOR PRODUCING THIS DOCUMENTARY AND THE WONDERFUL WORK HE DID, THANKED PASTOR REYNOLDS FOR THE INVITATION TO THE BLACK HISTORY PRESENTATION SORRY SHE WASN'T ABLE TO ATTEND, ANNOUNCED THE TASTE OF THE TRIANGLE WILL BE MARCH 1, 2022, MARDI GRAS WILL BE FEBRUARY 24TH THROUGH THE 27TH, THANKED SMITH MIDDLE SCHOOL FOR INVITING HER AND CITY ATTORNEY SHARAE REED FOR MUFFINS WITH MOMS, ALSO VISITED WITH THE STUDENTS AT AMELIA ELEMENTARY, THANKED MRS. WINGATE HER FIRST GRADE TEACHER FOR THE CARD SHE SENT HER IN THE MAIL, THANKED KENDRICK PERKINS FOR COMING BACK TO BEAUMONT AND GIVING BACK, ENCOURAGED CITIZENS TO GET OUT AND SUPPORT HIM Open session of meeting recessed at 3:50 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Rickey Collier Claim of Lynn Rowell on behalf of Beaumont Greenery Minutes — February 22, 2022 RoNn Mouton, M Broussard, City Clerk Minutes — February 22, 2022