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HomeMy WebLinkAbout07/26/2022 PACKETI= BEAUMONT MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DULY 26, 2022 1:30 PM AGENDA CALL TO ORDER * Invocation fledge Roll Call * Proclamations, Presentations and Recognitions -- Redistricting Presentation * Public Comment: Persons may speak on the Consent Agenda and Items 1-4 * Consent Agenda 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 July 19, 2022 City Council Meeting Minutes B. Authorize the Interim City Manager to apply for and receive funding through the FY 2022 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County in order to request the funds C. Authorize the Interim City Manager to sign and execute all documents necessary in order for the City of Beaumont to continue the project (Southeast Texas Auto Theft Task Force) with the Motor Vehicle Crime Prevention Authority D. Authorize the Interim City Manager to execute the renewal of lease agreements With Bar C. Ranch for the Southeast Texas Auto Theft Task Force E. Authorize the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, Individually and The City of Beaumont; Civil Action No. 1:22-ev-00024 REGULAR AGENDA 1. Conduct an election for Mayor Pro Tempore 2. Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Conununity Development Block Grant — Disaster Recovery (CDBG-DR) Program funding related to drainage improvements along Phelps Road and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the ciy's participation in the CDBG-DR Program 3. Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Disaster Recovery (CDBG-DR) Program funding related to drainage improvements in the Laura Addition and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program . Consider authorizing the submission of an application to the Texas Parks & Wildlife Department for the Non -Urban Outdoor Recreation Grant with a representative from staff to carry out the process of the grant on the City's behalf COMMENTS Public Comment (Persons are limited to 3 minutes) Councilniembers/City Manager/City Attorney comment on various matters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777, U n TEXAS TO: City Council FROM: Chris Boone, Interim: City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider approval of the July 19, 2022 City Council Meeting Minutes. jir rr" T E X A S 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 JULY 19, 2022 Chris Durio, Ward IV Tina Broussard, City Clerk Chris Boone, Interim 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 July 19, 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 Calf * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 8-14 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Edison Colbert with Paradise 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 Durio, Getz, Turner, Feldschau and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney, Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Pioneering Women -Rocking and Rolling to Our Own Drumbeat" - August 4, 2022 - Proclamation read by Mayor Mouton; accepted by Morline Guillory, President of Pioneering Women along with Pioneering Women Members and the 2022 Honorees: Velina Johnson, Tea Do, Melanie Comeaux, Charlee Hanna -Rule, Mary Young and Charisma Popilfion Public Comment: Persons may speak on the Consent Agenda and Agenda Items 8-14 None 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 June 28, 2022, City Council Meeting Minutes Minutes — July 19, 2022 C. Authorize the settlement of the lawsuit styled GADV Inc. dlbla L&L General Contractors vs. City of Beaumont; Cause No. A-207973 - Resolution 22-164 D. Authorize the repair of the precision approach path indicator lights at the city Municipal Airport - Resolution 22-165 E. Approve a resolution to designate a public accountant to perform auditing services for FY 2022 - Resolution 22-166 F. Approve a contract for the purchase of aluminum sulfate for use in the Water Utilities Department - Resolution 22-167 G. Authorize the City Manager to execute a lease agreement with the Beaumont Art League Resolution 22-168 H. Authorize the Interim City Manager to award a contract to D & M Tanks, LLC, of Kennedale, for the City of Beaumont Elevated Ground Water Storage Tank Cleaning Project - Resolution 22-169 J. Authorize the execution of a license to encroach agreement with Environmental Engineering & Geotechnics for installing a groundwater monitoring well - Resolution 22-170 K. Approve a resolution awarding annual contracts for temporary personnel services for various departments- Resolution 22-171 Councilmember Getz moved to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. The motion to approve the Consent Agenda was amended to exclude Item B. Mayor Pro Tern Samuel moved to approve the Consent Agenda excluding Item B. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FEL,DSCHAU AND NEILD NAYS: NONE MOTION PASSED B. Approve a contract with WJE Associates, Inc., of Austin, Texas, for Professional Engineering Services --Bridge Repairs at Various Locations City Wide, Councilmember Getz moved to table Item B on the Consent Agenda. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes —July 19, 2022 NAYS: NONE MOTION PASSED AGENDA Consider a request to rezone a property from Ll (Light Industrial) to GC -MD (General Commercial -- Multiple -Family Dwelling) District for the property located at 1190/1192 Gulf Street. Joseph Endari would like to rezone the property located at 1190/1192 Gulf Street. Mr. Endari owns the entire north half of the block now and the rest of the property is zoned GC - MD (General Commercial - Multiple Family Dwelling) District. Plans are to develop the property as a unit which needs the property to be consistently zoned. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to deny the request to rezone a property from LI (Light Industrial) to GC -MD (General Commercial -Multiple --Family Dwelling) District for the property located at 1190/1192 Gulf Street. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundar)' or approve a Specific Use Permit ivhere a protest against such change (has been filed), signed by the owners of fiventy percent (20%) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three fourths (314) of all the members of the City Council. " Protest against this request was received from 35% Of the land immediately adjoining the subject property. Therefore, a vote of three -fourths (3/4) Of the City Council would be required if the City Council chooses to approve the requested Specific Use Permit. Denial of the request. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) DISTRICT TO GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1190 AND 1192 GULF STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION DENIED 2. Consider a request to rezone a property from RS (Residential -- Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling — Highest Density) for the property located at Minutes —July 19, 2022 1020, 1060 & 1070 Saxe Street. Fred Vernon would like to rezone the property located at 1020, 1060 & 1070 Saxe Street. Mr. Vernon owns 1020 Saxe Street and would line to build an apartment complex on the lot. The property owners for 1060 & 1070 Saxe Street agreed to the rezoning so that Mr. Vernon's request would not create a spot zoning situation. There are several apartment complexes in the area similar to the project proposed by Mr. Vernon. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 7:1 to approve the request to rezone a property from RS (Residential -Single -Family Dwelling) to RM-H (Residential Multiple -Family Dwelling -Highest Density) for the property located at 1020, 1060 & 1070 Saxe Street. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 1020,1060 AND 1070 SAXE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Durio seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER TURNER MOTION PASSED Ordinance 22-036 3. Consider a request for a Specific Use Permit to allow a duplex in an RS (Residential -Single - Family Dwelling) District for the property located at 8230 San Carlos Street. Akram Khalil is requesting a Specific Use Permit to allow a duplex at 8230 San Carlos Street. The approximately 3,672 square foot building would be divided into two (2) residences, The property is surrounded by single family homes and vacant lots in an RS (Residential Single -Family Dwelling) District. As this duplex will be located in an RS (Residential Single -Family Dwelling) District, an eight (8) foot tall wood or masonry screening fence along with a ten (10) foot wide landscaped buffer will be required along the north, east and south property lines. The buffer will require one (1) class A or two (2) class B trees every twenty-five (25) linear feet along the property line. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a duplex in an RS (Residential - Minutes —July 19, 2022 Single -Family Dwelling) District for the property located at 8230 San Carlos Street with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. Approval of the ordinance with the following condition: 1. Landscaping and screening to meet Zoning Ordinance requirements. Councilmember Neild moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX IN AN RS (RESIDENTIAL -SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 8230 SAN CARLOS STREET, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION DENIED 4. Consider a request fora Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial -Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue. Xavier Williams is requesting permission for a construction business with a laydown yard at 1320 Caldwell Avenue. This property was zoned RM-H (Residential Multiple -Family Dwelling Highest Density) and occupied by a house until it burned and was demolished in 2019. A commercial structure is located at the corner of the lot and the current owner wished to use the building for commercial purposes although it had sat vacant for several years, so the property was rezoned from RM-H to GC -MD (General Commercial -- Multiple -Family Dwelling). Mr. Williams constructed a new storage building on the property without the benefit of a permit. He then began to operate a construction business and park dump trucks on the property without a Certificate of Occupancy. Due to the property being used as a lay -down yard for Mr. Williams's construction business, a Specific Use Permit is required in a GC -MD zoning district. In his letter, Mr. William states three (3) dump trucks will be kept at this location. No parking for the dump trucks or the vehicles for the drivers are shown on the site plan. if the application is approved and parking is planned on the property, a six (6) foot wide landscaping strip will be required between any off-street parking areas and the street. Those landscaped strips are required to have a three (3) foot tall wall, berm, or hedge for the length of the parking area. In addition, the property to the west along the north end of the property is zoned RM-H, if approved a ten (10) foot wide landscaped buffer with trees and an eight (8) foot tall wood or masonry screening fence is required along that portion of the property line that borders the RM-H zoned property. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended Minutes — July 19, 2022 7:01 to approve the request for a Specific Use Permit to allow a construction business with an outdoor lay down yard in a GC -MD (General Commercial -Multiple -Family Dwelling) District for the property located at 1320 Caldwell Avenue with the following conditions: 1. Submit a revised site plan showing parking and required landscaping. 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements. Approval of the ordinance with the following conditions: 1. Submit a revised site plan showing parking and required landscaping. 2. Provide landscaping to meet ordinance requirements along both street frontages. 3. Provide a ten (10) ft. wide landscaped buffer with trees along west property line that borders residential zoning and an eight (8) ft. tall wood or masonry fence to meet Zoning Ordinance requirements. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONSTRUCTION BUSINESS WITH AN OUTDOOR LAY -DOWN YARD IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1320 CALDWELL AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 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 Ordinance 22-037 5. Consider a request for a Specific Use Permit to allow a cell tower in an Ll (Light Industrial) District for the property located at 8475 Landis Drive. Anne Hathaway representing SBA Network Services, L,L.C,, proposes to construct a one hundred seventy-nine (179) foot tall cellular tower at 8475 Landis Drive. The proposed tower will be a monopole designed to support four (4) antenna arrays allowing for colocations in the future. No City utilities will be required at the unmanned site. Access to the site will be via an easement from Landis Drive. The applicant states that a six (6) foot chain link fence with one (1) foot barbed wire extension will be constructed around the lease area. In addition, they propose a row of crepe myrtle trees along the Landis Road right-of-way. Historically, a privacy fence with a solid gate has been required. Although trees are typically required, there are power lines along the south right-of-way line of Landis Drive, so no trees will be required. Instead, a row of hedges will be required along the north and west edges of the lease site, the sides visible from residential properties to the northwest. Minutes — July 19, 2022 At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow a cell tower in an Ll (Light Industrial) District for the property located at 8475 Landis Drive with the following conditions: 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. Approval of the ordinance with the following conditions: 1. Utilize the existing approach and gravel path located just west of the site instead of a new proposed driveway. 2. Provide a copy of the recorded access easement and lease agreement. 3. Provide a six (6) foot tall wood or masonry fence to be constructed six (6) feet inside the north and west perimeter edges of the lease site with a solid gate. 4. Provide a landscaped buffer along the north and west edges of the tower site consisting of shrubs save and except for the gated area to meet Zoning Ordinance requirements. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE, PERMIT TO ALLOW A CELLULAR TOWER IN AN LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED AT 8475 LANDIS DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-038 6. Consider a request for a Specific Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street. Camryn Meraz has requested a Specific Use Permit to open an event center at 308 Orleans Street. Ms. Meraz states the property will be used for events such as baby or wedding showers and small intimate weddings. No food or drink will be provided by the property owner or management. The Central Business District zone does not require any on -site parking; vehicles would park on the street. In addition, the building is currently not sprinkled. Building occupancy, although undetermined at this time, will be a number well below 100. Occupancy will need to remain at or below the number set by the Fire Department or a fire sprinkler system must be added. Minutes -July 19, 2022 At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 8:0 to approve the request for a Specific Use Permit to allow an event center in the CBD (Central Business District) for the property located at 308 Orleans Street with the following condition: 1. Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. Approval of the ordinance with the following condition: Building must be sprinkled if occupancy load is found in excess of the number set by the Fire Department. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EVENT CENTER IN THE CENTRAL BUSINESS DISTRICT (CDB) FOR PROPERTY LOCATED AT 308 ORLEANS STREET, WITH THE CONDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-039 7. Consider a request fora Specific Use Permitto allow a bar in a GC -MD (General Commercial -Multiple-Family Dwelling) District forthe property located at 2949 College Street, Suite 120. Jisan Makinojiya is requesting a Specific Use Permit to allow a Daiquiri Bar at 2949 College Street, Suite 120. The bar will occupy a 1,300 square foot suite in the existing Mars Plaza and will include a full bar with a heavy focus on frozen daiquiris and frozen mixed drinks, all available for on -site consumption. Some food will also be available for purchase. Hours of operation will be Monday -Friday 10:00 a.m. until midnight, Saturday 10:00 a.m. until 1:00 a.m. and Sunday 10:00 a.m. until midnight. At a Joint Public Hearing held on June 27, 2022, the Planning Commission recommended 7:1 to deny the request for a Specific Use Permitto allow a bar in a GC -MD (General Commercial -Multiple -Family Dwelling) District forthe property located at 2949 College Street, Suite 120. Denial of the request. Councilmember Durio moved to DENY AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2949 COLLEGE STREET, SUITE 120 IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Neild seconded the motion. Minutes —July 19, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS. NONE MOTION DENIED 8. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for Phases I and II of an industrial development. The city was recently approached about entering into an Industrial Development Agreement in order to promote the development of an industrial facility that would produce ammonia. The project is located at and near the OCi facility on Highway 347, just beyond the City limits. Attached are the proposed Industrial Development Agreements for Phases I & 11 of the proposed project. The Agreement proposes an abatement of 100% for fifteen years for the project. The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000 construction workers and up to 120 permanent employees. The agreements require that Phase I must commence construction by December 31, 2025, and Phase II must commence construction by December 31, 2028. The abatement period would commence on January 1, 2028, for Phase 1 and January 30, 2030, for Phase IL In addition, the agreement requires that five (5) payments in the amount of $1,000,000 will be made annually to the city, beginning in fiscal year 2023. It should be noted that a separate agreement is also being proposed for a related biofuel plant along with a separate Industrial Development Agreement that outlines the amount of taxes to be paid to the city during the construction phases of these projects. Approval of Resolution. Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DEVELOPMENT AGREEMENT WITH OCI FUELS USA FOR PHASES I AND II OF AN INDUSTRIAL DEVELOPMENT. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-172 9. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean Ammonia, LLC for Phases 1 and 11 of an industrial development. The city was recently approached about entering into an Industrial Development Agreement in order to promote the development of an industrial facility that would produce ammonia. The project is located at and near the OCI facility on Highway 347, just beyond the City Limits. Attached are the proposed Industrial Development Agreements for Phases I & 11 of the proposed Minutes --July 19, 2022 project. The Agreement proposes an abatement of 100% for fifteen years for the project. The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000 construction workers and up to 120 permanent employees. The agreements require that Phase 1 must commence construction by December 31, 2025, and Phase 11 must commence construction by December 31, 2028. The abatement period would commence on January 1, 2028, for Phase and January 30, 2030, for Phase 11. In addition, the agreement requires that five (5) payments in the amount of $1,000,000 will be made annually to the city, beginning in fiscal year 2023. It should be noted that a separate agreement is also being proposed for a related biofuel plant along with a separate Industrial Development Agreement that outlines the amount taxes to be paid to the city during the construction phases of these projects. Approval of Resolution. Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DEVELOPMENT AGREEMENT WITH OCI CLEAN AMMONIA, LLC FOR PHASES I AND 11 OF AN INDUSTRIAL DEVELOPMENT. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-173 10. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Fuels USA for economic development incentives during the construction phase of an industrial development. The city was recently approached about entering into an Industrial Development Agreement in order to promote the development of industrial facilities that would produce biofuels at and near the OCI facility, located on Highway 347, just beyond the City Limits. The agreement outlines taxes due to the city during the construction phases of this project. The proposed terms are typical of other Industrial Development Agreements, requiring payment of 80% of taxes due for years 2023-2025 and 75% of the taxes due for years 2026-2029. However, it should be noted that the abatement period would commence at execution and end on December 31, 2027, or completion of construction of Phase I and December 31, 2029, or completion of construction for Phase 11, whichever occurred first. The project is anticipated to be valued at $1.742,1 billion and together would employee between 600 and 1,000 construction workers and up to 120 permanent employees. Approval of Resolution. Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OCI FUELS USA FOR Minutes —July 19, 2022 ECONOMIC DEVELOPMENT INCENTIVES DURING THE CONSTRUCTION PHASE OF AN INDUSTRIAL DEVELOPMENT. Councilmember Durio seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-174 11. Consider authorizing the Interim City Manager to enter into an Industrial Development Agreement with OCI Clean Ammonia, LLC for economic development incentives during the construction phase of an industrial development. The city was recently approached about entering into an Industrial Development Agreement in order to promote the development of industrial facilities that would produce ammonia at and near the OCI facility, located on Highway 347, just beyond the City Limits. The enclosed agreement outlines taxes due to the city during the construction phases of this project. The proposed terms are typical of other Industrial Development Agreements, requiring payment of 80% of taxes due for years 2023-2025 and 75% of the taxes due for years 2026-2029. However, it should be noted that the abatement period would commence at execution and end on December 31, 2027, or completion of construction of Phase I and December 31, 2029, or completion of construction for Phase 11, whichever occurred first. The project is anticipated to be valued at $2.4-$2.8 billion and together would employee up to 2,000 construction workers and up to 120 permanent employees. Approval of Resolution. Mayor Mouton moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH OCI CLEAN AMMONIA, LLC FOR ECONOMIC DEVELOPMENT INCENTIVES DURING THE PHASE OF AN INDUSTRIAL DEVELOPMENT. Councilmember Getz seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-175 12. Consider authorizing a Letter of Intent with OCI Beaumont, LLC or one of its affiliates. OCI would like to enter a LOl with the City of Beaumont to allow a third party to perform a site study at the City's landfill and wastewater treatment facility. The study would help OCI determine the feasibility of a landfill gas recovery project and wastewater anaerobic digester project. Due to the time and cost of such study, OCI is requesting a 6-month exclusivity Minutes — July 19, 2022 period in which to conduct the site study. If the study finds that a transaction of the above -mentioned projects between the City and OCI are feasible, then the terms of any transaction would be subject to negotiations at that time. No cost to the City would be incurred for this study. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A LETTER OF INTENT BETWEEN THE CITY OF BEAUMONT AND OCI BEAUMONT, LLC TO ALLOW A THIRD PARTY TO PERFORM A SITE STUDY AT THE CITY's LANDFILL AND WASTEWATER TREATMENT FACILITY. Councilmember Neild seconded the AYES; MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NE1LD NAYS: NONE MOTION PASSED Resolution 22-176 13. Consider an ordinance authorizing the suspension of the effective date of Entergy Texas, Inc.'s proposed rate increase to November 3, 2022. On July 1, 2022, Entergy Texas, Inc. (ETI) filed its Statement of Intent to increase rates with each city that retains exclusive original jurisdiction over electric rates and services in the Entergy service area. This proposal would increase rates an estimated $131.4 million annually. It would result in a monthly increase of $13.50 for the average residential customer using 1,000 kWh per month. The increase is intended to become effective on August 5, 2022. Each city retaining exclusive original jurisdiction must make a determination regarding ETI's proposed rate increase request or suspend the proposed effective date for a period of ninety (90) days or until November 3, 2022. Each city retaining original jurisdiction over electric rates and services has a responsibility to determine whether the requested increase allows for a reasonable rate. The suspension would allow time for the cities rate attorneys and consultants to determine whether the request is reasonable. The ordinance also provides for the participation with the other cities in the ETI service area Steering Committee together with the lawyers and consultants representing the cities in rate related matters. The reasonable expenses associated with rate cases are reimbursable by the company. Approval of ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS AUTHORIZING THE SUSPENSION OF THE EFFECTIVE DATE FOR AN ADDITIONAL NINETY (90) DAYS BEYOND THE AUGUST 5, 2022, EFFECTIVE DATE PROPOSED BY ENTERGY TEXAS, Minutes —July 19, 2022 INC., IN CONNECTION WITH ITS RATE INCREASE APPLICATION ENTITLED "APPLICATION OF ENTERGY TEXAS, INC., FOR AUTHORITY TO CHANGE RATES", FILED ON JULY 1, 2022; AUTHORIZING PARTICIPATION WITH THE ENTERGY TEXAS, INC., SERVICE AREA CITIES STEERING COMMITTEE HIRING OF EXPERTS; AUTHORIZING THE CITY'S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-040 14. Consider a resolution authorizing the Interim City Manager to execute an Addendum to the Sales Contract of 555 Main Street. The City purchased the property at 555 Main Street on July 29, 2021. The Sales contract had a provision that prohibited the sale and/or rehabilitation of the property. The proposed Addendum would remove the requirement that the property be demolished. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ADDENDUM TO THE SALES CONTRACT OF 555 MAIN STREET TO REMOVE THE REQUIREMENT THAT THE PROPERTY BE DEMOLISHED. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: MAYOR PRO TEM SAMUEL MOTION PASSED Resolution 22-177 PUBLIC HEARING Dangerous Structures Public Hearing Open: 2:48 p.m. Public Comments were made by the following people who personally appeared and requested additional time for their property. J. W. Daniels 4270 Cartwright Beaumont TX Minutes —July 19, 2022 Items # 2,3&20 3965 Avenue B, 3985 Avenue B and 3970 Inez Brandon Guidry 7190 Click Dr. Beaumont TX Item #9 7190 Click Dr. Ronitha Pickens 3545 Dobson Rd. Beaumont TX Item #14 2245 Fillmore Etha Edin 8740 Westheiimer Rd. #3 Houston TX Item #16 2645 Harriot Joseph Lewis 720 Jeanette Beaumont TX Item #21 735 Lasalle Frank Relford Jr. 1810 Lela Beaumont TX Item #23 1870 Lela Sandra Books Lee 603 Texas St. Camden AR Item #45 7632 Tram Rd. Public Hearing Close: 3:15 p.m. 15. Consider an ordinance to declare 46 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 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 10 days after the effective date of this ordinance 1. 2695 Atlanta — includes shed 2. 3965 Avenue B — includes garage 3. 3985 Avenue B 4. 2680 Avenue G sheds — includes 2 carports & 2 5. 6120 Bigner-- includes auxiliary building 6. 3298 Brandon 7. 2695 Cable 8. 435 E. Church — includes carport 9. 7190 Click— includes carport 10.3215 Corley 11, 3614 Edmonds — includes shed 12.1365 Evalon 13.4220 S. 5th 14.2242 Fillmore — includes 2 sheds Minutes —July 19, 2022 15.3451 Grand 1 16.2645 Harriot — 2 houses 17.2920 Hebert — includes garage 19.5695 Indian Trl - trailer 21.735 E. Lasalle 23.1810 Lela 25.2195 Magnolia — includes garage apartment & 2 sheds 27.2095 Montrose — includes 2 sheds 29.8345 Oak Ridge 31.11295 Patricia -- includes 2 sheds 33.2035 Pine 35.860 Roberts 37.812 Sherman 18,2190 Hegele — includes shed 20.3970 Inez — on lot of 3965 Avenue B 22.2025 Leiper — shed only 24.1200 Long 26.157 Montclair 28.8265 Oak Ridge — includes auxiliary building & 2 sheds 30.3290 Ogden — includes garage 32.5840 Picadilly — includes pool 34.2005 Pope 36.2655 Sabine Pass — includes shed 38,6550 Speer 39.3670 St Helena — garage only 40.3240 St James - commercial 41.3609 St James 42.4295 Steelton — shed only 43.2475 Taylor 45.7635 Tram 44.3490 Texas 46,4530 Winston 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. Funds may include General funds and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Neild moved tO ADOPTAN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS #2,3,9,14,16,20,21 & 23, TO ENTER INTO A Minutes —July 19, 2022 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-041 Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. COMMENTS * Public Comments (Persons are limited to three minutes) Cathy Walker 3395 Delaware Beaumont TX Commented on the billing cycle for the City, stated that that she's worked for the city over thirty (30) years as a meter reader, the billing cycle that's in place now has never been this way before Ricky Jason 1074 Magnolia Beaumont TX Spoke to Council regarding the Beaumont Police Department, stated that there's good and bad police officers, went on to speak regarding Mr. Christopher Shaw who is now paralyzed, stated that Mr. Shaw was picked up and dropped on his head, thinks this was a violation of his civil rights, stated that Chief Singletary said he agreed with his officer 100%, doesn't understand why Chief Singletary would agree with the officer when he was wrong, made additional comments regarding Mr. Shaw and what happened to him while in police custody, is requesting to see the tapes and that they be shown to the public Terry Johnson 9625 Phelan Beaumont TX Commented on his property that was on a work program located at 1195 Amarillo, the house was completed, the electrician tried to pull a permit on June 27, 2022, and was denied, stated that it took him four days to reach the employee that he needed to speak with, finally he was told that she was out sick after the fourth day, therefore he wasn't able to finish the repairs, stated this has happened twice, once he went to Building Codes he was told that there needed to be certain things done in order to get the electrical permit, asked for help regarding this property Johnny Beatty 3555 Washington Blvd. Beaumont TX Asked that Council consider his request for additional time for property located at 1350 Caldwell, stated that he's been working on the property for the fast several months, due to inflation, cost of material, COVID, supply chain issues, theft of plumbing and inclement weather the completion has been delayed, as of today he has expended over $30,000.00 on Minutes — July 19, 2022 this particular property which includes leveling, the front porch and the roof over the porch as well as the back porch has been completed, all of which has been inspected by the building code inspectors, asked for more time to complete this property Carlton Sharp 5150 Plant Rd. Beaumont TX Stated that he's speaking to correct the record from the last City Council meeting that took place on June 28, 2022, a proposal was brought to the Council regarding property located at 125 Magnolia, the Interim City Manager was asked if there were any other parties interested in 125 Magnolia, his response was "not in the last two years", Mr. Sharp stated to Council that was not the truth, he stated that in late February or early March of this year an investment group out of Houston, TX, inquired about purchasing 125 Magnolia, the investor did a walkthrough of the property with staff who informed the investors of everything that needed to be corrected to the property, staff then sent the survey of the property to the investors, they spoke with the Interim City Manager to discuss their plans and their interest for the property, it was stated to the investors that in order to sell property the city would have to do an RFP to do a public notice, the investment group is still waiting for the RFP, after listening to the Council meeting from June 28, 2022, it seems as if the decision has already been made to go with another group for the property, how can we expect new businesses to be attracted to our community when the head of staff is sabotaging their efforts through lies, how do we expect for our city to become what it has the potential to become if the head of staff picks and chooses who he likes or dislikes to present to Council or to the public, stated that he has set in Council meetings and listened to everyone proclaim how they want new businesses to come to our city, it may not be that the businesses are not interested in coming to our city but that we currently have a head of staff that's running them away Ronald Kelley 2295 Angelina Beaumont TX Stated that he lives in the Oaks Historic District and that he and his neighbors came to realize that there are two new homes that were being constructed in his neighborhood, they were excited that there were new homeowners only to find out that it's actually just rental property, not sure what Beaumont wants for the Historic District, made comments regarding some of the meetings that he's attended where the homeowners are denied some type of improvements to their homes, some of the homes still having the old weighted windows, it needs to very clear as to what is wanted in the Historic District, said he's simply stating that it needs to be more defining, most citizens that move into the Historic District doesn't know what the requirements are as a homeowner and the city needs to be clear regarding this issue Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER FELDSCHAU - STATED THAT HE ATTENDED THE OAKS HISTORIC NEIGHBORHOOD ASSOCIATION MEETING, THERE ARE CITIZENS THAT ARE CONCERNED ABOUT THE HOMELESS ENCAMPMENT Minutes —July 19, 2022 ON LAUREL, ASKED THAT THE HEALTH INSPECTOR AND A CODE ENFORCEMENT OFFICER GO OUT AND TAKE, A LOOK AT THE SITE JUST TO MAKE SURE THERE'S NO VIOLATIONS, THERE WAS REPORTS ON LAST NIGHT THAT THERE ARE SOME PROBLEMS, OF COURSE EVERYONE IS LOOKING FOR A COMPASSIONATE YET PRACTICAL SOLUTION TO THE ISSUE, WE UNDERSTAND THE NEIGHBORS' CONCERN AS WELL COUNCILMEMBER TURNER - THANKED STAFF FOR TAKING THE INITIATIVE AND BEING PRO ACTIVE TO PUT SOMETHING TOGETHER WHERE CITIZENS CAN GET EDUCATED ON THE PROCESS, ENCOURAGED CITIZENS TO COME OUT LEARN HOW TO PREPARE SIDS AND DO BUSINESS WITH THE CITY OF BEAUMONT, ANNOUNCED A VENDOR FAIR ON TOMORROW (JULY 20,2022), AT THE BEAUMONT CIVIC CENTER FROM 10:00 A.M., TO 3:00 P.M., COMPLIMENTED THE MUNICIPAL AIRPORT FOR APPLYING FOR GRANTS THAT ARE AVAILABLE, COMMENTED ON THE INDUSTRIAL AGREEMENTS THAT THE CITY APPROVED ON TODAY REGARDING THE OCI PROJECT, THANKED EVERYONE THAT WAS INVOLVED IN THE PROCESS COUNCILMEMBER GETZ - STATED THAT HE ATTENDED A JOINT NEIGHBORHOOD ASSOCIATION MEETING BETWEEN THE DOWLENfVVEST AND MEADOWS NEIGHBORHOOD, THANKED THE POLICE DEPARTMENT FOR BEING THE GUEST SPEAKERS AS WELL AS THE DA'S OFFICE, COMMENTED ON THE HOMELESS, STATED THAT VOLUNTEERS ARE NEEDED AT HENRY'S PLACE, IF ANYONE IS INTERESTED IN BEING A VOLUNTEER, PLEASE CONTACT THE FACILITY COUNCILMEMBER DURIO - ASKED THE INTERIM CITY MANAGER IF HE COULD PROVIDE HIM WITH INFORMATION REGARDING THE OAKS HISTORIC DISTRICT, SUCH AS WHO MAKES UP THE RULES, IF IT'S BY ORDINANCE ETC., AND IF THERE'S ANY HELP FOR THE RESIDENTS, THERE NEEDS TO BE SOME TYPE OF RELIEF FOR THE RESIDENTS THAT HAVE OLDER HOMES CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - ANNOUNCED THE VENDOR FAIR AT THE BEAUMONT CIVIC CENTER FROM 10:00 A.M. TO 3:00 P.M., ON JULY 20, 2022, THANKED STAFF FOR ALL OF THEIR HARD WORK TO GET THIS FAIRTOGETHER, IT'S AGROUP EFFORT BETWEEN THE CITY OF BEAUMONT, JEFFERSON COUNTY, PORT OF BEAUMONT AND THE TIPS PURCHASING COOPERATIVES MAYOR MOUTON - THANKED STAFF AND FORMER MAYOR BECKY AMES THAT WORKED AS AN CONSULTANT FOR BRINGING THE OCI PROJECT TO BEAUMONT, THEIR WILL BE 2,000 CONSTRUCTION JOBS AND BETWEEN THE TWO PROJECTS 400 TO 600 PERMANENT Minutes —July 19. 2022 JOBS, THANKED THE COUNCIL FOR VOTING TO APPROVE THIS PROJECT ON TODAY, STATED THAT SHE'S ALSO RECEIVED CALLS REGARDING THE OAKS HISTORIC DISTRICT, WHEN YOU MOVE TO THE OAKS DISTRICT THEY HAVE SOME OF THE STRICTEST RESTRICTIONS IN THAT COMMUNITY, ALSO COMMENTED ON THE HOMELESS ENCAMPMENT, IF ANYONE WANTS TO VOLUNTEER AT HENRY'S PLACE PLEASE LET THEM KNOW THEY WILL BE GLAD FOR THE HELP IT WILL BE A GREAT WAY TO GIVE BACKTO THE COMMUNITY AND TO THE HOMELESS Open session of meeting recessed at 3:52 p.m. EXECUTIVE SESSION Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551.074 of the Government Code -Personnel Matters, Closed Meeting: Christopher S. Boone Lionel D. Lyons Kenneth R. Williams Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes —July 19, 2022 n ... ....... TEXAS TO: City Council FROM: Chris Boone, hlteriln City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to apply for and receive funding through the FY 2022 Edward Byrne Memorial Justice Assistance Grant Program and to execute all documents necessary, including an inter -local agreement with the City of Port Arthur and Jefferson County in order to request the funds. BACKGROUND The City of Beaumont has been awarded funding through the Edward Byrne Memorial Justice Assistance Grant Program for the past sixteen years. The funding has been used to upgrade technology through the purchase of computer hardware and software and to purchase equipment for police personnel to support officer safety, productivity, and efficiency. Due to Jefferson County being designated a disparate jurisdiction by the Department of Justice, an inter -local agreement must be filed with the joint application, and the agencies must agree to funding allocations prior to application for funding. The total allocation for 2022 is $133,497 of which, $82,731 will be allocated to Beaumont, $30,741 to Port Arthur and $20,025 to Jefferson County. Funds awarded to Beaumont will be used for equipment purchases and/or Technology Enhancement, FUNDING SOURCE No matching funds are required. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont in the amount of $133,497.00 from the Edward Byrne Memorial Justice Assistance Grant Program for law enforcement equipment and programs; and, BE IT FURTHER RESOLVED that the Interim City Manager be and he is hereby authorized to execute all documents necessary, including an Interlocal Agreement, to reallocate funds in the amounts of $30,741.00 to the City of Port Arthur and $20,025.00 to Jefferson County. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton - Resolution No. The State of Texas )( County of Jefferson )( City of Beaumont, Texas }( City of Port Arthur, Texas }( Know All by These Present Inter -Local Agreement Between the County of Jefferson, Texas; City of Beaumont, Texas; and City of Port Arthur, Texas 2022 Edward Byrne Justice Assistance Grant (JAG) Program Award This Agreement is made and entered into this day of 2022, by and between The County of Jefferson, Texas acting by and through its governing body, the Commissioners Court; the City of Beaumont, Texas acting by and through its governing body, the City Council; and the City of Port Arthur, Texas acting by and through its governing body, the City Council, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the total funding allocation is $133,497; and the City of Beaumont, Texas, and the City of Port Arthur, Texas, agree to provide Jefferson County, Texas $20,025 from the JAG award and the City of Beaumont, Texas, and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $82,731 to the City of Beaumont, Texas, and $30,741 to the City of Port Arthur, Texas. WHEREAS, Jefferson County, Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas, believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, Jefferson County, 'Texas, the City of Beaumont, Texas, and the City of Port Arthur, Texas agree as follows: Section 1. The City of Beaumont, Texas and the City of Port Arthur, Texas agree to provide Jefferson County, Texas $20,025 from the JAG award; and the City of Beaumont, Texas and the City of Port Arthur, Texas agree to allocate the remaining funds as follows: $82,731 to the City of Beaumont, Texas; and $30,741 to the City of Port Arthur, Texas. Section 2. Jefferson County, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2025. The City of Beaumont, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2025. The City of Port Arthur, Texas agrees to use the funding for equipment purchases and/or Technology Enhancement until 2025, EXHIBIT "A" Section 3. Each party to this agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 4. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 5. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. Section 6. The City of Beaumont agrees to act as the fiscal agent in applying for, dispersing, monitoring, and reporting for this JAG funding. City of Beaumont, Texas City of Port Arthur, Texas CITY MANAGER Jefferson County, Texas COUNTYJUDGE *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). TEXAS TO: FROM: PREPARED BY: MEETING DATE: City Council Chris Boone, Interim City Manager James P. Singletary, Chief of Police July 26, 2022 C REQUESTED ACTION: Consider a resolution authorizing the Interim City Manager to sign and execute all documents necessary in order for the City of Beaumont to continue the project (Southeast Texas Auto Theft Task Force) with the Motor Vehicle Cringe Prevention Authority. BACKGROUND The Southeast Texas Auto Theft Task Force (ATTF) is a multijurisdictional, cooperative law enforcement effort designed to regionally combat auto burglars and thieves while increasing public awareness of how to reduce chances of victimization. It is partially funded by the Motor Vehicle Crime Prevention Authority (MVCPA). Although the ATTF is centered in and administered by the City of Beaumont, it is inclusive of Jefferson, Hardin, Orange and Jasper counties. The City of Beaumont has been a grantee since 1993. The MVCPA has chosen to handle grant requests in years where the legislature is not seated as continuations of the previous year. This grant continuation represents a total budget request of $1,177,251 with state funds in the amount of $583,951. The City of Beaumont will provide $52,000 as a cash match and $442,800 as an in kind match. The three sub -grantees (Port Arthur, Jefferson County and Hardin County) will provide a total of $85,000 in cash match and $13,500 as an in kind match. The grant continuation will begin on September 1, 2022 and end on August 31, 2023. FUNDING SOURCE The city's required match is included in the Police Department's Operating Budget in the General Fund. RECOMMENDATION Approval of the resolution. P{ tV i 1' FY23 Motor Vehicle Crime Prevention Authority Statement of Taskforce Grant Award and Grantee Acceptance Notice Grant Number: 608-23-1230100 Grant Award Amount: $583,951 Grantee: City of Beaumont Total Cash Match Amount: $137,000 Program Title: Southeast Texas Auto Theft In -Kind Match Amount: $456,300 Tasldorce Reimbursement Percent*: 81.00% Grant Terre: September 1, 2022 to August 31, 2023 That whereas, City of Beaumont (hereinafter referred to as Grantee), has heretofore submitted a grant application in response to the Request for Application issued on May 3, 2021 to the Motor Vehicle Crime Prevention Authority, State of Texas, entitled Southeast Texas Auto Theft Tasldorce, and further identified by grant number 608-23-1230100; and Whereas, the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY23 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated July 11, 2022; and Whereas, the Grantee desires to accept the FY23 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Texas Grant Management Standards (TXGMS) as promulgated by the Texas Comptroller of Public Accounts including TxGMS Standard Assurances by Local Governments and Standards for Financial and Program Management; • The Request for Applications issued on May 3, 2021; • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and fortes and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award; and • The Approved Grant Budget Summary: Grant Budget Summary: City of Beaumont (App ID: 193) Budget Category MVCPA Expenditures Cash Match Expenditures Total Expenditures In -Find Match Personnel $277,000 $0 $277,000 $283,000 Fringe $95,000 $0 $95,000 $97,000 Overtime $0 $0 $0 $600 Professional and Contract Services $205,000 $85,000 $290,000 $0 Travel $0 $0 $0 $11,800 Equipment Supplies and Direct Operating Expenses (DOE) $6,951 $52,000 $58,951 $63,900 Totals 1 $583,951 $137,000 1 $720,951 $456,300 *Reimbursement Percent: 81.00% - $583,951-MVCPA Anrt / ($720,951-MVCPA Amt. plus $137,000-Caste Match FY23 MVCPA Statement of Grant Award and Grantee Acceptance Page I of 2 Now, therefore, the Grantee accepts the FY23 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed by the official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above -referenced grant subject to the availability of state Rinds, The approved budget is reflected in the above Approved Grant Budget Sruzunary. This grant is subject to and conditioned upon the acceptance of the MVCPA Grant Administrative Guide promulgated for this specific program Rind (referenced above) by the Motor Vehicle Crane Prevention Author ty. Applicable special conditions are listed below, Special Conditions and Requirements (MVCPA will only apply special conditions to applicable jurisdictions): X Border ,Security Report Requirement — This Grantee is designated as a MVCPA Border Security Grant which is located along the united States of America border with the United States of Mexico and those that are adjacent to the Gulf Intracoastal Waterway. This designation requires grantee to provide additional report information required by the General Appropriations Act of the 87"' Texas Legislature, Regular Session. The Governor or Legislative Budget Board may request additional information regarding the report data during the terns of the grant. X Intelligence Sharing - The grantee is required to ensure that Law Enforcement personnel funded in whole or in part by this grant actively participate in Law Enforcement intelligence sharing webinars and Motor Vehicle Crime Investigator Virtual Command Centers organized and promoted on behalf of the MVCPA program operation and statewide collaboration. X Multi -agency grant - The grantee is required to complete and maintain interlocal agreement with all participating subgrantees as required by law and TxGMS. The grantee must complete a process to monitor and ensure grant compliance of subgrantees. The grantee must maintain the process locally and document compliance with that plan. X Multi -agency Grant Operational Plan -- The grantee is required to provide an operational plan describing the conununication process with participating and coverage jurisdictions. The operational plan must include how meetings are held, how often, and whether meetings are held in person or remotely. The grantee must report meetings in quarterly progress reports. APPROVED AND ACCEPTED BY: Authorized Official Printed Name and Title Date Signed FY23 MVCPA Statement of Grant Award and Grantee Acceptance Page 2 of 2 718/22, 0:20 AM MVCPA Taskforce Grant Application FY23 City of Beaumont Application City of 17.3caurnont Iaddorce Grant Application for Figw al Year 2023 The Application was submitted by Chris Boone at 5/2612022 8.21:24 AM and is now locked. The confirmation Number is 2022052600193. Primary Agency t Grantee Legal Name: City of Beaumont Organization Type: craw Enforcement Organization OR[ (if applicable): 7X1230100: BEAUMONT PD (MIP) Program Title Please enter a short description of the proposed program that can be used as the title. Southeast Texas Auto Theft Task Force Application Category (See Request for Applications [RFA] for category details and descriptions RFA Priority Funding Section): MVCPA Program Category (see RFA and TAC 43, 3 §57.14). Check all that apply, • Law Enforcement, Detection and Apprehension • Prevention, Anti -Theft Devices and Motor Vehicle Registration Taskforce Grant Participation and Coverage Area Provide a General Description of the Participating and Coverage Area of this Grant Application Jefferson, Hardin, Orange, and Jasper counties and all municipalities therein. As noted below, Jefferson and Hardin counties have participating task force members whereas Orange and Jasper counties are coverage areas only. Define in the tables below the grant relationships and geographic area of the taskforce: Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list, please include the agency and role in the general description above. Make sure to follow the definitions below and select an agency in the dropdown. Use the Add as Participating Agency or Add as Coverage Agency button to populate the list. Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for reimbursement and cash match. Participating agencies are defined after the grant award by interlocallinteragency agreements. Each applicant must select their own agency first. Then select agencies that will receive or provide funding andior resources. [Note: InterlocalMteragency agreements do not need to be submitted with the application. Inlerlocal agreements will need to be executed prior to the first payment being made If selected for a grant. Letters of support with the application from the participating agencies are strongly recommended.] Coverage Agencies are agencies that provided some level of coverage, assistance or support by this grant application but will not materially exchange funds as cash match or reimbursement. The coverage is not supported by an after the award with interlocallinteragency agreements. Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant (Ex. City Y is within County X or vice versa). Agencies selected in this list include agencies that will be covered or where the agency indicates that their agency will coordinate or call upon the taskforce. Letters of support with the application from the participating agencies are strongly recommended. Participating Agencies Coverage Agencies TX1000000 HARDIN CO SO TX1000100 KOUNTZE PD TX1230000 JEFFERSON CO SO TX1000200 SILSBEE PD TX1230100 BEAUMONT PD (MIP) TX1000300 SOUR LAKE PD TX1230700 PORT ARTHUR PD (AE) TX1000900 LUMBERTON PD (IBR) TX1210000 JASPER CO SO TX1210100 JASPER PD TX1210200 KIRBYVILLE PD TX1230300 GROVES PD https:flmvcpa,tamu.edulApplication/TFGPrintApplication.asp?Apply=193&FiscalYear--2Q23 W6 718122, 8:20 AM MVCPA Taskforce Grant Application TX1230500 NEDERLAND PD TX1230800 PORT NECHES PD TX1231000 LAMAR UNIVERSITY PD TX1810000 ORANGE CO SO TX1810100 BRIDGE CITY PD TX1810200 ORANGE PD TX1810300 PINEHURST PD TX1810400 VIDOR PD TX1810500 WEST ORANGE PD TX1810800 ROSE CITY PD Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdn3vgov. The completed and executed Resolution must be attached to this on-line application. Grant Budget Form MVCPA recommends that the applicant complete the total costs (MVCPA and Cash Match combined) for this program. The applicant can then enter the desired amount of Cash Match (not loss than 20% per TAC Title 43, A§57.36). The system will then calculate the correct grant and match amounts, Budget Entry Option: Enter MVCPA and Cash Match Amounts Cash MVCPA Match Total In -Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $277.000 $0 $277,000 $283,000 Fringe $95,000 $0 $95,000 $97,000 Ovedime $0 $0 $0 $600 Professional and Contract Services $205,000 $85,000 $290,000 $0 Travel $0 $0 $0 $11,800 Equipment Supplies and Direct Operating Expenses (DOE) $6,951 $52,000 $58,951 $63,900 Total $583,951 $137,000 $720,951 $456,300 Cash Match Percentage 23.46% Description Pet MVCPA In -hind Subcategory Time Funds Cash Match Total Match Personnel Program Director / Commander Investigator/LEO 100 $0 $0 $0 $111,000 Program Manager / Supervisor InvestigatorlLEO 100 $102,000 $0 $102,000 $0 Investigator 1 InvestigatorlLEO 100 $87,000 $0 $87,000 $0 Investigator 2 InvestigatorlLEO 100 $88,000 $0 $88,000 $0 Investigator 3 InvestigatorlLEO 100 $0 $0 $90,000 Investigator 4 InvestigatorlLEO 100 $0 $0 $82,000 Total Personnel 600 $277,000 $0 $277,000 $283,000 Fringe Program Director I Commander investigator/LEO $0 $0 $0 $36,000 Program Manager 1 Supervisor Investigator/LEO $33,000 $0 $33,000 $0 Investigator 1 Investigator/LEO $31,000 $0 $34,000 $0 Investigator 2 Investigator/LEO $31,000 $0 $31,000 $0 Investigator 3 Investigator/LEO $0 $0 $0 $31,000 Investigator 4 Investigator/L.EO $0 $0 $0 $30,000 Total Fringe $95,000 $0 $95,000 $97,000 Overtime Program Director / Commander InvestigatorlLEO $0 $0 $0 $100 Program Manager / Supervisor InvestigatorlLEO $0 $0 $0 $100 Investigator 1 InvestigatorlLEO $0 $0 $0 $100 Investigator 2 InvestigatorlLEO $0 $0 $0 $100 https:llmvepa,tamu.edu/ApplicationlTFGPrintApplication,asp?ApplD=193&FiscalYear-2023 211E 7/8122, 8:20 AM MVCPA Taskforce Grant Application Pct MVCPA In -Kind Description Subcategory Time Funds Cash Match Total Match Investigator 3 InvestigatorfLEO $0 $0 $0 $100 Investigator 4 lnvestigatorlLEO $0 $0 $0 $100 Total Overtime $0 $0 $0 $600 Professional and Contract Services Jefferson County SO Investigator Investigator{LED - personnel 100 $70,000 $0 $70,000 $0 Hardin County SO Investigator Investigator/LEO - personnel 100 $65,000 $0 $65,000 $0 Port Arthur PD Investigator Investigator/LEO - personnel 100 $70,000 $0 $70,000 $0 Jefferson Count SO Investigator Frin e Y g { g) Investigator/LEO - fringe 100 $0 $30,000 $30,000 $0 Hardin County SO Investigator (Fringe) Investigator/LEO - fringe 100 $0 $26,000 $26,000 $0 Port Arthur PD Investigator (Fringe) Investigator/LEO - fringe 100 $0 $30,000 $30,000 Total Professional and Contract Services 600 $205,000 $85,000 $290,000 $0 Travel Annual TAVTI Conference Law enforcement In-state$0 $0 $0 $5,100 MVCPA Workshops f Board Meetings Law enforcement In- State $0 $0 $0 $800 Auto Crime Related Training Law enforcement In - State $0 $0 $0 $4,500 Investigative or Administrative Travel Law enforcement In- State $0 $0 $0 $1,400 Total Travel $0 $0 $0 $11,800 Equipment Total Equipment Supplies and Direct Operating Expenses (DOE) Coll Phone Service: JCSO, PAPD, HCSO $0 $0 $0 $2,200 Vehicle Fuel, Maintenance, & Repair:HCSO $0 $4,500 Vehicle Fuel, Maintenance, & Repair:JCSO $0 $4,500 Vehicle Fuel, Maintenance, & Repair:PAPD $0 $4,500 Office & Warehouse Lease $0 $52,000 $52,000 $0 TAVTI Conference Registration Fees $0 $0 $0 $1,000 Office, Field, & Operational Supplies $0 $0 $0 $8,000 Auto Insurance for HCSO Unit $700 $0 $700 $0 Vehicle Lease 1 $6,251 $0 $6,251 $0 Vehicle Lease 2 $0 $0 $0 $7,200 Vehicle Fuel, Maintenance, & Repair: BPD $0 $0 $0 $27,000 Office Utilities $0 $0 $0 $5,000 Total Supplies and Direct Operating $6,951 $52,000 $58,951 $63,900 Expenses (DOE) Budget Narrative A. Personnel https:/Imvcpa.tamu.edulApplicationrrFGPdnlAppilcation.asp7App0=193&FlscalYear--2023 3f16 7/8122, 8:20 AM MVCPA Taskforce Grant Application Budget Narrative Personnel: Commander: The Taskforce Commander will serve as the Program Director and macro -manage all task force personnel and associated law enforcement operations; oversee fiscal matters relating to the grant; complete payroll; direct priorities, establish expectations, enforce accountability, and initiate corrective actions; work closely with MVCPA, Beaumont Chief of Police, Beaumont CFO Office and its grant coordinator, and the Program Manager in efforts to maintain grant compliance and the continuance of mutually beneficial outcomes; liaison with officials of participating and coverage agencies; attend appropriate meetings, seminars, training, and webinars; administer or supervise any official taskforce webpago or social media presence; function as official Taskforce spokesperson and media contact; ensure that required MVCPA reports are submitted by the Program Manager; monitor progress and document accordingly; and, delegate assignments to personnel as needed. The Commander will hold the rank of Lieutenant In the Beaumont Police Department and will spend 100% of work hours on task force and grant -related activities or functions and auto crime issues, of which 25% focused on investigations. The position (salary & fringe) will be in -kind match. Only actual figures will be submitted. Supervisor: The Taskforce Supervisor will serve as Program Manager, supervise task force investigators, and monitor law enforcement activities on a first-llne basis; schedule personnel, set goals, manage after -hour callouts, analyze available Intelligence on trends or areas of increased criminal activity, and disseminate information to Investigators and the Commander (Program Director) to facilitate the most effective and efficient approach to task force endeavors; review offense reports and make appropriate case assignments; assess risk, complete paperwork, and organize special projects, including both overt and covert operations and proactive enforcement; assign tasks and data collection reports to detectives; compile data and draft activity summaries for necessary periodic or recurring reports; complete and submit MVCPA quarterly reports; assist with activities associated with those of an Investigator when required; delegate to personnel as needed; and, perform additional duties and/or complete other assignments as directed by the Program Director, The Supervisorwill hold the rank of Sergeant at the Beaumont Police Department with 100% of work hours being dedicated to task force duties or functions, of which 25% focused on investigations. The salary and fringe will be fully funded by MVCPA funds. Only actual figures will be submitted for reimbursement. Beaumont Police Investigators (1-4): The BPD Investigators will conduct investigations of auto -related cases as assigned, prepare and present completed cases to the District Attorney; identify and develop suspects; recover stolen vehicles and property associated with auto -related crimes; write, get approved, and execute appropriate search warrants; assist with other cases outside Beaumont but within Taskforce jurisdiction; make recommendations to the Supervisor on special projects based on identifiable trends; forward information on suspects and trends; complete seizure and auction paperwork; assist with special projects and operations; assist with 68A inspections and inspections of salvage yards and repair shops when necessary; and, complete other duties or assignments as directed by the Supervisor or Commander. Pursuant to Taskforce goals and MVCPA expectations, as individually assigned, investigators will also develop and present crime prevention and awareness presentations; conduct media interviews; disseminate public information on taskforce accomplishments or cases; upon approval by Commander or Supervisor, issue official press releases to media or agency public relations; email suspect BOLO reports Inter -departmentally; attend relevant neighborhood association or community -led meetings; liaison with participating agencies; obtain and maintain crime statistics for coverage areas; as appropriate, mail or email case update notices to crime victims; assist other task force personnel with assigned duties including investigations, inspections, and back up; maintain all surveillance equipment and assist with its use during investigations or covert operations; cooperate with probation and parole offices to stay informed of the statuses of known auto crime recidivists; coordinate and conduct inspections of salvage dealers and repair shops within the scope of the taskforce jurisdiction as priorities permit; monitor local auctions where insurance -totaled vehicles are sold; in conjunction with the Supervisor, organize covert sting operations as needed to identify illegal activities by salvage dealers or repair shops; coordinate and conduct VTR-68A inspections; complete seizure paperwork, organize seized property Inventory, prepare seized property for auction, and work closely with personnel who are associated with the process; and, complete other assignments as directed by the Supervisor or Commander. Ali BPD investigators will devote 100% of work hours toward auto - crime investigations including inspections as duties allow. Two (2) BPD salaries and fringe will be fully funded by MVCPA. Two (2) BPD salaries and fringe will be in -kind match. Only actual figures will be submitted. B. Fringe Fringe: Fringe benefits include FICA, retirement withholding, and health insurance, City of Beaumont withholds FICA - Mod at rate of 1,45% (except a Sgt who was hired before April 1, 1986). TMRS Retirement withholdings including agency contributions: City of Beaumont (19.41 % Rate). Total Fringe with health insurance varies per employee but only actual figures will be submitted for reimbursement. Fringe for three (3) BPD task force members will be funded by MVCPA and fringe for three (3) BPD task force members will be in -kind. C. Overtime In most circumstances, task force personnel will flex hours to accommodate events or unexpected incidents that require an extended period of work beyond what is scheduled. However, upon occasion and within reason, overtime will be unavoidable due to the complexity of an incident; the hour it originated; the inability to flex due to personnel having already met the 40-hour limitation per week; or, stipulations of a Collective Bargaining Labor Contract. Overtime is as unpredictable as criminal behavior, so minimal estimates are provided for category placeholders. When necessary, overtime will be considered as part of in -kind match. Only actual figures will be submitted. D. Professional and Contract Services https:llmvepa.tamu.edulApplicationlfFGPrintApplication.asp?ApplD=193&FiscalYear-2023 4/16 718/22, 8:20 AM MVCPA Taskforce Grant Application Budget Narrative Professional and Contract Services: The Investigators (PAPD, HCSO, JCSO) will lead investigations of auto -related cases as assigned by each investigator's respective agency; prepare and present completed cases to the District Attorney; identify and develop suspects; recover stolen vehicles and auto -crime property; prepare and execute applicable search warrants; complete seizure paperwork; make recommendations to the Supervisor on special projects based on identifiable trends; forward information on suspects and trends to the Supervisor; assist with special projects and operations; complete any data collection reports as assigned by Supervisor; assist with 68A Inspections and inspections of salvage yards and repair shops when necessary; and, complete other duties or assignments as directed. All contracted Task Force Officers will assist on auto -related cases, operations, and inspections within coverage jurisdiction. Investigators will devote 100% of their time toward investigations whether auto crime or inspections. HCSO investigator will be the primary VTR-68A inspector for the Task Force whose salary will be fully funded by MVCPA up to $65,000. Fringe will be considered cash match. Only actual figures will be submitted. JCSO and PAPD salaries will be mostly or fully funded by MVCPA with a $70,000 cap. That is, both JCSO and PAPD salaries are expected to be reimbursed up to $70,000 depending on the salaries of whomever is assigned to the Task Force. Fringe for JCSO and PAPD will be cash match. Only actual figures will be submitted. Fringe benefits include FICA, retirement withholding, and health Insurance for all contributing agencies. Workers Compensation and TEC figures for Jefferson County, Hardin County, and the City of Port Arthur. Workers Cornp and TEC are figured together for Jefferson County at 5% whereas The City of Port Arthur is at 5% (WC) and 3.48% (TEC) respectively. Hardin County figures WC at 1.47% and TEC at 0.08%. FICA is withheld at a rate of 7,65%. Retirement withholdings including agency contributions are taken at the following rates; Jefferson County (14.9%), City of Port Arthur (13.1 %), and Hardin County (13.62%). Health insurance costs also vary between agencies. Participating agencies are expected to submit only actual figures up to a maximum cash match up to $30,000 for PAPD and JCSO, and up to $25,000 cash match for HCSO. Only actual figures will be submitted. E. Travel Travel: Annual TAVTI Conference 1 Board Meeting ($5100): Estimated price is $745 per week (5 nights) per room per person (5 attendees x $745 - $3725). Based on current GSA for San Marcos, per diem cost is estimated at $55 per day per person (55 x 5 x 5 attendees = $1375). Conference attendees would include investigators, program manager, and program director who are all law enforcement. These expenses will be an in -kind match. MVCPA Workshop(s)1 Board Meetings ($800): Estimated price per night is $200 per room. Budgeting for a potential of three separate occasions. One room for three nights (3 x 200 = $600). Based on current GSA for Austin, per diem cost is estimated at $61 per day per person (61 x 3 = $183). Attendees would include program manager or program director who are both law enforcement personnel whose salaries are completely funded by grant or an in -kind match. Auto Theft Training ($4500): Potential training for newly assigned investigator(s) or other relevant training for current Taskforce members. Estimated price per night is $200 per room. One room for five nights (200 x 5 = $1000) and budgeting for potentially three training opportunities (3 x $1000 = $3000). Per diem estimated at $61 per person (61 x 5 x 3 attendees = $915). Estimated training fees of $585, Attendees would Include any investigator potentially in need of training who is either funded directly, cash -matched, or an in -kind match of the grant. Only actual figures will be submitted if this line item is utilized. Unplanned Investigative or Administrative Travel ($1400): During the course of any given year, unplanned meetings are scheduled or Investigations lead out-of-town and become an unfunded expense. If needed, only law enforcement personnel listed on the MCVPA grant will utilize these funds for property approved purposes. The availability of these designated funds will prevent budget adjustments for unexpected travel. However, only actual costs, if any, will be filed for reimbursement. G. Supplies and Direct Operating Expenses (DOE) Supplies and Direct Operating Expenses (DOE): Office Lease ($52,000): Lease includes two adjacent sections of the same building owned by the same lessor. One section is for office space for investigators and garage space that includes a vehicle lift for assisting with inspections and investigations. The second section is warehouse space for storage of seized property pending court dispositions, recovered stolen property, task force vehicles, and other task force property (tools, equipment, etc). Cost is based on current lease payments of $4,387.50 per month. This category will be cash match. Office, Field, & Operational Supplies ($8,000): These funds are used to purchase standard office supplies such as printing paper, photo paper, storage media, toner, ink cartridges, presentation 1 binding services, pens, letterhead, business cards, etc. It also covers field and operational supplies as needs arise such as hand cleaner, paper towels, degreaser, paint, paint stripper, official weight slips, small electronics, computer accessories, vehicle accessories, surveillance tools, mechanical tools, vehicle sanding material, acid restoration materials, vehicle cleaning and care, disposable gloves, logo attire, digital graphics, website fees, signage, public awareness advertising, postage, shipping expenses, mechanical repair during authorized travel, certified scale fees, any non -inventory Items needed for task force operations or duties, etc. This line Item is Intended as a readily accessible fund for unexpected expenses to better assist task force without budget adjustments. This cost estimate is based on the average of actual expenditures in the past three grant years. Only actual costs will be noted as an in -kind match. Auto Insurance for HCSO Vehicle ($700): Hardin County is not self insured. Estimate of premium. Only actual cost will be submitted for MVCPA reimbursement. Office Utilities ($5000); This is an estimate based on an average of the past two fiscal years of actual costs. Utilities are very variable. Only actual expenses will be noted as an in -kind match. Cell Phone Service ($2200): Service cost based on reasonable monthly average allowance of $60 per month. This line item is intended to cover the three (3) contracted task force members from HCSO. JCSO, and PAPD and will be noted as in -kind match. Vehicle Lease 1 ($6251) & Vehicle lease 2 ($7,200 In -Kind): The vehicle lease is calculated at $600 per month based on a local dealer estimate for a statewide leasing program to law enforcement agencies. It is also the MVCPA cap. The Beaumont Police Department currently provides two lease vehicles for investigators as part of the Task Force fleet. One will be submitted for reimbursement capped at $6251 and one will be listed as an In - Kind Match. Vehicle Fuel, Maintenance, & Repair ($40,500 total): BPD - $27,000, JCSO - $4,600, HCSO - $4,500, PAPD - $43500, Fuel costs are estimated based on 14,000 miles per year, 14 miles per gallon @ $2.25 per gallon, totaling approximately $2250 per vehicle per year. Oil changes and other maintenance costs are estimated at $2250 per vehicle per year to include expendables such as tires, brakes, shocks, or other necessary repairs. Combining estimates result in an average cost of $4500 per year multiplied by nine (9) vehicles totaling $40,500, inclusive of $4,500 from each of the subgrantee agencies (3 x $4,500 = $13,500). These estimates are not allocated. Only actual costs will be noted as an in -kind match. TAVTI Conference Registration Fees ($1000): Fees for up to six (5) tskforce members to attend the annual conference as an in -kind match. Revenue Indicate Source of Cash and In -Kind Matches for the proposed program, Click on links to go to match dotall pages for entry of data. https:1lmvcpa.tamu.edulApplicationfFFGPrintAppticaLion.asp?Applt1=193&FiscalYear=2023 5116 7t8122, 83 20 AM MVCPA Taskforce Grant Application Source of Cash Match City of Beaumont Grantee $52,000 City of Port Arthur Subgrantee $30,000 Jefferson County Subgrantee $30,000 Hardin County Subgrantee $25,000 Total Cash Match $137,000 Source of In -Kind Match City of Beaumont Grantee $442,800.00 Jefferson County Subgrantee $4,500.00 Hardin County Subgrantee $4,500.00 Port Arthur Subgrantee $4,500.00 Total In -Kind Match $456,300.00 Statistics to Support Grant Problem Statement Reported Cases 2020 2021 Jurisdiction Motor Vehicle Theft (MVT) Burglary from Motor Vehicle (BMV) Fraud -Related Motor Vehicle Crime (FRMVC) Motor Vehicle Theft (MVT) Burglary from Motor Vehicle (BMV) Fraud -Related Motor Vehicle Crime (FRMVC) Beaumont 373 939 0 Port Arthur 132 398 0 Jefferson County 51 77 0 Orange 47 67 0 Hardin County 62 30 0 Orange County 93 62 0 Jasper 14 22 0 Lumberton 24 28 0 Jasper County 83 35 0 Groves 36 84 0 Vidor 14 38 0 Nederland 36 68 0 Port Neches 12 22 0 Lamar University 3 11 0 Silsbee 16 30 0 Application Narrative Grant Introduction (Executive Summary) and General Information 1 Briefly describe the organization and program operation. Provide a high level summary to the application and how it will affect the local community. (500 words or less) Since 1993, the Southeast Texas Auto Theft Task Force has continued to provide a multi -agency, multi -jurisdictional effort to combat, reduce, prevent, and address auto -related crimes within Jefferson, Orange, Hardin, and Jasper Counties for nearly 29 years as an original grantee of what is now the Motor Vehicle Crime Prevention Authority. According to 2019 Census estimates, the counties have a combined population of over 428,000 folks with nearly 60% residing in Jefferson County. The Task Force is staffed by sworn personnel from Beaumont Police Department, Port Arthur Police Department, Jefferson County Sheriffs Office, and Hardin County Sheriff's Office. TXDOT notes that there were about 378,000 vehicles registered within our four -county coverage area in 2020. Corresponding to the population -- a reduction that may be due to registration leniency during COVID-19 shutdowns: More than half were in Jefferson County, which is a mixture of urban, suburban, and rural areas with Beaumont being the largest and most urban. As an interstate 10 corridor, Beaumont rivals Houston in crime per capita and categorically mirrors it in similar ways. Orange County is mostly suburban with some rural areas whereas Jasper and Hardin Counties are markedly more rural than suburban and more heavily wooded than its counterparts. Through thorough investigations, development of suspects, executing search warrants, surveillance, covert patrol, bait vehicle operations, inspections of salvage and repair businesses, and, assisting with crime prevention awareness and education, Task Force personnel have done their best to positively impact our communities by committed efforts to reduce the occurrences of auto -related crimes. Despite these efforts, auto -related cringes continue to be a major problem with a significantly negative economic impact that includes both personal and business financial losses. The crime rate also affects a city reputation that leads to both business and https:#mvcpa.tamu.edu/ApplicationrFFGPrintAppliication.asp?AppID=193&FiscalYear-2023 6116 71II122, 8:20 AM MVCPA Taskforce Grant Application population re -locations and avoidance. Within the four -county project area over the most recent biennium, there were still nearly 1900 vehicles stolen and over 4000 vehicles burglarized. For both auto burglaries and auto thefts, the coverage area typically falls within the top 20 regions In Texas where this grant is needed most. 1,2 Describe the tskforce governing, organization and command structures. Include a description of the nature of support and agreements that will be in place if the grant is awarded. Provide any details unique to the tskforce organization or geographical target area. Describe whether any part of this grant will be directed to serve a specific target population (or subset of the community)? The Taskforce Is governed by adherence to an Interlocal contract signed by either the city manager or the county Judge who represents each jurisdiction with a participating taw enforcement agency. As stipulated in the contract, each individual agency maintains control of, and liability for, its own employee(s) and is solely responsible for the actions and omissions of its employee(s). Each participating city or county assures compliance with MCVPA regulations, policies, guidelines, and requirements as well as any applicable laws. Each participating licensed, sworn investigator is first accountable to his or her home (hiring) agency, its policies and procedures, and any training related to general law enforcement or required by the State of Texas. Within the Taskforce, regardless of rank at participating home agency, the command structure begins with the Taskforce Commander, followed by a Taskforce Supervisor, and then Investigators or Detectives who carry out specific tasks, operations, or assignments individually andlor as a group; serve as lead investigators on cases within their agency jurisdiction; and, assist other investigators on cases within coverage jurisdiction. The Commander is a Beaumont Police Lieutenant who also serves as Program Director. The Taskforce Supervisor is a Beaumont PD Sergeant who also serves as Program Manager. The geographical target area Is Jefferson, Orange, Hardin, and Jasper Counties, which includes all the municipalities therein. Grant Problem Statement 2A Provide an assessment of the burglary from a motor vehicle (including theft of parts) problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. According to the National Incident -Based Reporting System (NIBRS), the covered region of the Southeast Texas Auto Theft Task Force had more than 4000 auto burglaries (and theft of parts) with estimated losses of nearly $3.5 million during the most recent biennium (2019-2020). Burglary of a Motor Vehicle and Theft of Property and Parts from a Motor Vehicle are a substantial problem in the Southeast Texas Auto Theft Task Force Project area. In 2019 there were a total of 2,103 auto burglaries reported in the coverage area and respectively 1,911 auto burglaries in 2020. These auto burglaries claim property and weapons, which when replaced cost the average citizen, who like most, are still trying to recover from the economic Impacts to their families and way of life, post Covid-19 Pandemic lock -down. This coupled with the tremendous upsurge in thefts of parts, specifically catalytic convertors, has proved to have a large economic and detrimental effect on citizens and businesses. Typically, in the past, the catalytic converter thefts had been focused on businesses that usually maintained a fleet of vehicles that were in parking lots after business hours. The actor(s) could take numerous converters and be fairly certain that they would not be interrupted. These types of thefts would cripple a business that required the vehicles to provide their service and / or perform their duties in their respective industry. This along with the astronomical cost of replacing the converters could potentially ruin a business, especially coming out of the Covid-19 Pandemic, which had already put a huge strain on focal businesses anyway. The Catalytic Converter thieves have now moved to targeting vehicles everywhere to include residential driveways, and public parking lots and streets. The economic impact of those thefts is felt by hardworking everyday citizens, who also suffered during the Pandomic. Offenses involving auto -related burglaries and thefts seem to occur randomly at a steady pace without any identifiable trends, but when they do occur, they typically are episodic with multiple victims. Although windows are still shattered primarily due to visible valuables, the most prevalent method of operation is simply pulling on handles of unlocked doors with little to no suspect evidence left behind. Consequently, it is highly likely that this crime occurs at a much higher rate than reported. In Beaumont, the vast majority of the guns stolen in auto burglaries are still from unlocked cars, keeping pace with the 89% of 2018. When firearms and credit cards are stolen, there Is a ripple effect that includes a myriad of additional crimes against both persons and property. Solving these crimes has become more challenging, forcing us to rely even more on a vigilant public, proactive patrolling, video surveillance, and bait operations. In some circumstances, due to poor prosecution, recidivist suspects can be successfully identified during investigations initially based on the area of town they tend to frequently burglarize, Offenders are more creative, organized, evasive, and brazenly violent in their predatory theft activities ('jugging') when victims are stalked and followed to or from banks or after instances of large purchases at retail establishments. Whether it is due to the fluid circumstances at the time of the offense or to the impromptu impatience of the offender, what used to be considered only a property crime has escalated into aggravated robberies and oven murder. We know statistically that many guns are stolen from vehicles and more suspects are being arrested in possession of guns. Consequently, auto burglars should not be perceived in the vein of harmless, vehicular pickpockets. In 2019, a Beaumont citizen was murdered by an auto burglar that he confronted. The pervasive problem is worsened by the lack of aggressive prosecution of misdemeanor auto burglaries. However oven when we manage to file felonies, we find the system falling its citizenry. For example in 2019, the SETATTF filed four felonious Theft of Firearm cases ffrom auto burglaries) on a problematic recidivist to which the DA responded by offering a plea 2 years of probation. As expected, once released, the defendant continued his crimes in two of our covered counties. Our efforts to communicate persuasively with local District Attorney Offices are regularly re -doubled, but it can be foreseen that the possible inclusion of a prosecutorial element in a future grant may reap rewards. Unfortunately, the timing, interest, and funding never seems to be right for such a modification as Law Enforcement struggles during difficult times. The three-year average for motor vehicle burglaries (including theft of parts) typically falls within the top twenty in Texas where grant funding is needed most. htlps:Ilmvepa.tamu.edulAppl !cation rFGPrintAppllcation,asp?ApplD=193&FlscalYear--2023 7116 718122, 8:20 AM MVCPA Taskforce Grant Application 2.2 Provide an assessment of the motor vehicle theft problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. According to the National Incident -Based Reporting System (N1BRS), the covered region of the Southeast Texas Auto Theft Task Force had nearly 1900 auto thefts with estimated losses of over $21.3 million during the most recent biennium (2019-2020). Motor Vehicle thefts are a considerable problem in the Southeast Texas Auto Theft Task Force Project area. In 2019 there were a total of 900 auto thefts reported in the coverage area and respectively 996 auto thefts in 2020. These auto thefts cause formidable economic impact on the citizens and businesses of the community This community, not unlike the rest of the State and Nation, is still recovering from worldwide Pandemic and the economic downturn which has affected the Southeast Texas region and the petrochemical Industty along with supporting service Industries, specifically. Motor Vehicle Theft costs everyone, individuals who are directly affected by having their vehicles stolen, businesses who have vehicles stolen and cannot operate the business efficiently due to the loss and those who pay the higher Insurance premiums due to the increase in the thefts of motor vehicles. There is also the peripheral issue of additional crimes committed by those who perpetrate the thefts. These crimos are wide ranging and include Auto Burglaries, other thefts, robberies, assaults, drug and human trafficking, ATM thefts ail the way up to and including Homicide. This crime is truly a gateway crime to more harmful acts and crimes against society making the world a more dangerous place. Reducing the incidence of Motor Vehicle Theft has a huge ripple effect and even looking ai just the "Chop Shop" as an example. This type of criminal operation creates "Criminal Employment" for numerous offenders. The criminal enterprise will have actors that steal vehicles, actors that part the vehicles out, actors that sell and fence the parts, and fund other criminal enterprises with the proceeds, which could include drugs and human trafficking. This is all perpetuated on the backs of innocent citizens, who are just trying to make a living for their families. By reducing and disrupting motor vehicle thefts, many potential crimes are averted and countless lives and dollars are saved. Overall, the Southeast Texas Auto Theft Task Force has experienced steady declines in auto thefts since its 1993 inception when the Beaumont area had hit a national high of nearly 2800 in a single year (1992). A hollow celebration at best. In contrast to its astronomical beginning, the Southeast Texas Auto Theft Task Force region has never reached such a ceiling again. Unfortunately, crime continues to occur and the taskforce continues to battle as our averages typically fall within the top twenty locations in Texas. 11 becomes a matter of maintenance and hopefully, some prevention is involved in the steadier statistics. In addition to use of violence, auto thieves still regularly devise new, creative ways to steal vehicles for investigators to discover, but many are still facilitated by careless owners and completely preventable. Nowadays, vehicles cost more than a house did several decades ago. The investment in vehicles is ever-increasing and therefore, the auto thefts have an ever-increasing impact on insurance premiums and the local economy. Auto thefts are often a prerequisite to additional crimes and serve as getaway vehicles to help mask identities during additional criminal activity. Autos are still targets for the more violent robberies (car jacking) and the larger stolen trucks have been used for ramming into buildings for burglaries as well used to pull out ATMs, Stolen vehicles are notably believed to be used more in human trafficking. Although not all vehicles are recovered, many are recovered in a location outside the jurisdiction where the vehicles were originally stolen. This fact, in itself, is reason enough to assist neighboring agencies and to collaborate in efforts to linking recovery locations to possible suspects and/orlarger organized crime operations. 2.3 Provide an assessment of the fraud -related motor vehicle crime problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. The Southeast Texas Auto Theft Task Force, for the most part, has dealt mainly with vehicle title frauds, insurance fraud and VIN Fraud. Though these crimes are not prevalent, they do occur in the coverage area, however tracking them accurately is a problem, both within the Beaumont Police Department and within agencies Inside the project coverage area. Fraud -Related Motor Vehicle Crime, as conveyed in the data listed above, is not reported as motor vehicle related, due to the Records Management System and the classification of "Fraud". The numbers that can be accessed relate mainly to conventional fraud and forgery offenses and are not motor vehicle specific. Therefore, thousands of reports would have to be read in their entirety to determine if the cases involved motor vehicles, thereby making research into the number of actual motor vehicle related fraud cases impractical. Records kept by the task force in the last 2 grant years indicate that there were 12 investigations involving registration, titles and insurance in 2019 and 12 in 2020, These investigations did not result in reports or cases filed. They were inquiries involving tax offices and insurance companies. The Southeast Texas Auto Theft Task Force is currently working with the Beaumont Police Department's Record Management Division in an attempt to develop adaptations to the 'Fraud Classification"in RMS to include specific Fraud -Related Motor Vehicle crimes; Title Fraud, Registration Fraud, Insurance Fraud, Odometer Fraud, VIN Fraud and Identity Fraud Sates and Synthetic identity Sales, by statute citation or other means, that will be National Incident- Based Reporting System (NMRS) compliant. The first step to developing these additional data classifications for the reporting system will be to see if it is possible to add the sub -classifications to the reporting system for specific vehicular fraud crimes. if it is possible, the second step will be to train sworn and civilian porsonnel on the process of how to enter the Information when reports are made and classify them properly, to ensure that the information sought will be captured and accessible after intake into the system. This will be an ongoing trial and error phase of the data collection process, which if successful, could possibly be shared with other agencies in the project area to improve the accuracy of the information that is accessible from RMS, making research more manageable 2.4 Provide an assessment of motor vehicle crime not covered above like insurance fraud, preventing stolen vehicles from entering Mexico, bridge/port stolen vehicle export crime, disruption of cartels and organized criminal enterprises related to motor vehicle crime, https:Ilmvcpa.tamu.edulAppllcationiTFGPrintApplication.asp?Apply=193&FiscalYear-2023 8116 718/22, 8:20 AM etc:.. MVCPA Taskforce Grant Application The City of Beaumont has the Port of Beaumont at its very heart, downtown very near the City of Beaumont Police Department. The Port of Beaumont has its own Police Department as wet! as the Jefferson County Marine Unit and the U.S. Coast Guard, which patrols the Port of Beaumont and the Neches and Sabine Rivers. These rivers are the inlets from the Gulf of Mexico which actually puts the Port of Beaumont, 42 miles inland and it is stilt a deep water Port. The Port of Beaumont is also served by three rail carriers, BNSF, Kansas City Southern and Union Pacific. The Port of Beaumont is primarily a bulk cargo port, meaning very few if any vehicles go through the port for transport. The vehicles that do go through the port are almost exclusively U.S. Military vehicles. The Port of Beaumont is one of the main ports in the nation used for Military equipment transportation due to its location on the Gulf of Mexico and it is the Headquarters for the U.S. Army's 842nd Transportation Battalion, which specializes in port logistics. Due to the distance from the border and the type of cargo shipped and transported through the Port of Beaumont, namely bulk cargo such as breakbulk, project, heavy lift, rolling stock, agricultural goods, metal articles, wind energy, paper/pulp products and military equipment the issue of vehicles leaving for or arriving from Mexico is not a problem. The Southeast Texas Auto Theft Task Force has a good working relationship with the Port of Beaumont Police as well as the Jefferson County Sheriffs Office Marine Unit. Those respective entities will call upon the task force If needed on any vehicle that my be of questionable origin and/or destination. Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and 2) Goals Strategies and Activities (GSA). In the following boxes, describe the functions of the proposed program and then complete a fillable form called GSA, MVCPA programs must completely describe the actions, methods and tactics that law enforcement and civilian staff will perform for each of the categories below. Describe the reliance on technology or other program elements to solve the problem statement above and goals below. Functions must be detailed and consistent with the requested budget. If a grant is awarded, funds expended towards activities not described in this section will result in the reimbursement being denied. Part 1 3.1 Functions of the proposed program related to burglary from a motor vehicle (including theft of parts) The objective of the program will be to reduce the incidence of Burglary of a Motor Vehicle and Theft of Property and Parts from a Motor Vehicle, The Southeast Texas Auto Theft Task Force proposes to combat the dilemma of Burglary of a Motor Vehicle and Theft of Paris from a Motor Vehicle by employing the following approaches and actions to address the problem: -identify Offenders and Prolific Offenders -Collaborate with Other Law Enforcement Agencies and District Attorneys' Offices -Law Enforcement and Community Educational and Awareness Presentations The Southeast Texas Auto Theft Task Force will Identify and Target Offenders and Prolific Offenders involved In the crimes. These actors will be identified through Intelligence gained from arrests, informants, other Law Enforcement Agencies, Surveillance Observations, Bait Vehicle Operations, Repair Shop Inspections, Salvage Yard Inspections, Metal Recycler Inspections and Parts Resale location Inspections and Anonymous Tips with corroboration of the information received. The Task Force will utilize National Data Bases such as Leads -On -Line as well as LPR data -mining to Develop and Identify Offenders. The Offenders will be Targets of investigations based on the Method of the crime, types of Vehicles Burglarized or Theft of Property or Pails occurred, property taken, geographical location of the crime and any information pointing to or linking the offenders) to the crime(s). The Task Force will utilize covert operations to target offenders of these crimes, to include buying stolen property taken in auto burglaries or thefts of parts, using undercover operatives and bait to target Predatory thefts from Motor Vehicles, such as "Jugging". The objective of these investigations will be to Identify, arrest and charge the actors, as well as determining if there is a criminal nexus to any organized criminal enterprises, which would broaden the investigations to reveal as many offenders as possible. The Southeast Texas Auto Theft Task Force will Collaborate with Law Enforcement Agencies both in and out of the Project area, to ascertain crime trends, patterns, suspected offenders, recover stolen property and share Intelligence. The collaboration will Include assisting other law enforcement agencies with Burglary of a Motor Vehicle and theft of Property and Parts from a Motor Vehicle. By doing so crucial intelligence and information can be used to determine if the crimes are being committed by individual or an Organized Criminal Network. The Task Force will also continue the ongoing collaboration with the Juvenile Division of the Beaumont Police Department. Juveniles make up a substantial percentage of offenders in these crimes. Working with the Juvenile Division allows the task force to identify the offenders at the "beginning" of their criminal activities and be aware of the most prolific offenders of the future, barring the offenders have a change in their behavior, which obviously would be the hope for the juvenile, as well as the community. The Task Force will also collaborate with District Attorney's Offices in the affected jurisdictions to help them understand the scope and Importance of the crime(s) and provide additional information or expertise that would aid in the effective prosecution of the offender to provide a positive outcome for the victims and society as a whole, The Southeast Texas Auto Theft Task Force will also conduct Law Enforcement and Community Education Awareness Presentations / Classes. The purpose of the presentations for Law Enforcement would be to augment their knowledge base with some general and specific auto crimes and current Information on trends in auto burglary along with theft of property and parts from a vehicle. The information presented to Law Enforcement officers will deal directly with detection and prevention of auto specific crimes throughout the project area and beyond. This would also allow officers to relay the Information to citizens personally and further educate the community about methods to avoid becoming a victim of an auto crime. The Southeast Texas Auto Theft Task force has established a goad working relationship and rapport with the community that we have served over that last 29 years. The Community Presentations would be used to strengthen that relationship and establish new contacts. Updated, relevant information would be presented in an effort to educate the community further and to aid them in not https:limvcpa.tamu.edulApplicationlTFGPrintApplication.asp?AppiD=I 93&F1scatYear2023 911 B 718/22, 8:20 AM MVCPA Taskforce Grant Application becoming a victim of an Auto Crime. 3,2 Functions of the proposed program related to motor vehicle theft. The objective of the program will be to reduce the Incidence of Motor Vehicle Theft. The Southeast Texas Auto Theft Task Force proposes to combat the problem of Motor Vehicle Theft with a number of approaches and actions to address the problem: -Identify Offenders and Prolific Offenders -Collaborate with Other Law Enforcement Agencies and District Attorneys' Offices -Law Enforcement and Community Educational and Awareness Presentations The Southeast Texas Auto Theft Task Force will Identify and Target Offenders and Prolific Offenders involved in the crimes. These actors will be Identified through Intelligence gained from arrests, Informants, other Law Enforcement Agencies, Surveillance Observations, Bait Vehicle Operations, Repair Shop inspections, Salvage Yard inspections, Metal Recycler Inspections and Parts Resale location Inspections and Anonymous Tips with corroboration of the information received. The Task Force will utilize LPR's and data -mining to Develop and Identify Offenders and 68 (A) inspections. The Offenders will be Targets of investigations based on the Method of the crime, types of Vehicles stolen, geographical location of the crime, where the vehicle is recovered and any information pointing to or linking the offender(s) to the crime(s). The Task Force will utilize covert operations to target offenders of these crimes, to Include buying stolen vehicles, parts and component parts from stolen vehicles, using undercover operatives and bait to target Motor Vehicle Theft offenders. The objective of these investigations will be to Identify, arrest and charge the actors, as well as determining if there is a criminal nexus to any organized criminal enterprises, which would broaden the investigations to reveal as many offenders as possible. The use of legally obtained search warrants for places, things, phones, phone records and other data bases will be employed to thoroughly investigate the cases, as well as tracking orders and other surveillance techniques as needed. The Southeast Texas Auto Theft Task Force will Collaborate with Law Enforcement Agencies both in and out of the Project area, Tax Offices and TXDMV to ascertain crime trends, patterns, suspected offenders, recover stolen vehicles, property and share intelligence. The collaboration will Include assisting other law enforcement agencies with Motor Vehicle Theft cases. By doing so crucial intelligence and information can be used to determine if the crimes are being committed by individual or an Organized Criminal Network. The Task Force will also continue the ongoing collaboration with the Juvenile Division of the Beaumont Police Department. Juveniles make up a substantial percentage of offenders in these crimes. Working with the Juvenile Division allows the task force to identify the offenders at the "beginning" of their criminal activities and be aware of the most prolific offenders of the future, barring the offenders have a change in their behavior, which obviously would be the hope for the juvenile as well as the community. The Task Force will also collaborate with District Attorney's Offices in the affected jurisdictions to help them understand the scope and importance of the crime(s) and provide additional information or expertise that would aid in the effective prosecution of the offender to provide a positive outcome for the victims, the community, the State of Texas and insurance companies as well. The Southeast Texas Auto Theft Task Force will also conduct Law Enforcement and Community Education Awareness Presentations / Classes. The purpose of the presentations for Law Enforcement would be to augment their knowledge base with some general and specific auto crimes information on trends in Motor Vehicle Theft. The Information presented to Law Enforcement officers will deal directly with detection and prevention of auto specific crimes throughout the project area and beyond. This would also allow officers to relay information to citizens personally and further educate the community about methods to avoid becoming a victim of an auto crime. The Southeast Texas Auto Theft Task force has established a good working relationship and rapport with the community that we have served over that last 29 years. The Community Presentations would be used to perpetuate that relationship and establish new contacts. Updated, relevant information would be presented in an effort to educate the community further and to aid them in not becoming a victim of an Auto Crime, 3.3 Functions of the proposed program related to Fraud -related motor vehicle crime (such as title and registration fraud) The Southeast Texas Auto Theft Task Force, for the most part, has dealt mainly with vehicle title frauds, insurance fraud and VIN Fraud. Though these crimes are not prevalent, they do occur in the coverage area, however tracking them accurately is a problem, both within the Beaumont Police Department and within agencies inside the project coverage area. Fraud -Related Motor Vehicle Crime, as conveyed in the data listed above, is not reported as motor vehicle related, due to the Records Management System and the classification of "Fraud". The numbers that can be accessed relate mainly to conventional fraud and forgery offenses and are not motor vehicle specific. Therefore, thousands of reports would have to be read in their entirety to determine if the cases involved motor vehicles, thereby making research into the number of actual motor vehicle related fraud cases impractical. Records kept by the task force in the last 2 grant years Indicate that there were 12 investigations involving registration, titles and insurance in 2019 and 12 in 2020, These investigations did not result in reports or cases filed. They were inquiries involving tax offices and insurance companies. The Southeast Texas Auto Theft Task Force is currently working with the Beaumont Police Department's Record Management Division in an attempt to develop adaptations to the "Fraud Classification" in RMS to include specific Fraud -Related Motor Vehicle crimes, Title Fraud, Registration Fraud, Insurance Fraud, Odometer Fraud, VIN Fraud and Identity Fraud Sales and Synthetic Identity Sales, by statute citation or other means, that will be National Incident- Based Reporting System (NISRS) compliant. The first step to developing these additional data classifications for the reporting system will be to see if it is possible to add the sub -classifications to the reporting system for specific vehicular fraud crimes. if it is possible, the second step will be to train sworn and civilian personnel on the process of how to enter the information when reports are made and classify them properly, to ensure that the information sought will be captured and accessible after intake into the system. https:llmvcpa.tamu.edulApplication(TFGPrintApplication.asp?ApplD=193&FiscalYear=2023 10116 718122, 8:20 Ate MVCPA Taskforce Grant Application This will be an ongoing trial and error phase of the data collection process, which if successful, could possibly be shared with other agencies in the project area to improve the accuracy of the information that is accessible from RMS, making research more manageable. Southeast Texas Auto Theft Task Force will Identify and Target Offenders and Prolific Offenders involved in the crimes. These actors will be identified through intelligence gained from arrests, Informants, other Law Enforcement Agencies, Surveillance Observations, Bail Vehicle Operations, Repair Shop Inspections, Salvage Yard Inspections, Metal Recycior Inspections and Parts Resale location Inspections and Anonymous Tips with corroboration of the information received. The Task Force will utilize LPR s and data -mining to Develop and Identify Offenders and 68(A) inspections. The Offenders will be Targets of Investigations based on the Method of the crime, types of Vehicles stolen, geographical location of the crime, whore the vehicle is recovered and any information pointing to or linking the offender(s) to the crime(s). The Task Farce will utilize covert operations to target offenders of these crimes, to include buying stolen vehicles using the internet, using undercover operatives to target Fraud-Rolatod Motor Vehicle Theft offenders. The objective of these investigations will be to Identify, arrest and charge the actors, as well as determining if there is a criminal nexus to any organized criminal enterprises, which would broaden the Investigations to reveal as many offenders as possible. The use of legally obtained search warrants for places, things, phones, phone records and other data bases will be employed to thoroughly investigate the cases, as well as tracking orders and other surveillance techniques as needed. The Southeast Texas Auto Theft Task Force will Collaborate with Law .Enforcement Agencies both in and out of the Project area, Tax Offices, TXDMV and insurance Companies to ascertain crime trends, patterns, suspected offenders, recover stolen vehicles, property and share intelligence. The collaboration will include assisting other law enforcement agencies with Motor Vehicle Thefts. By doing so crucial intelligence and information can be used to determine if the crimes are being committed by individual or an Organized Criminal Network. Working with the Juvenile Division allows the task force to identify the offenders at the beginning" of their criminal activities and forecast the prolific offenders of the future, barring the offenders have a change In their behavior, which obviously would be the hope for the juvenile as well as society. The Task Force will also collaborate with District Attorney's Offices in the affected jurisdictions to help them understand the scope and importance of the crime(s) and provide additional information or expertise that would aid in the effective prosecution of the offender to provide a positive outcome for the victims, the community, the State of Texas and insurance companies as well. The Southeast Texas Auto Theft Task Force will also conduct Law Enforcement and Community Education Awareness Presentations / Classes. The purpose of the presentations for Law Enforcement would be to augment their knowledge base with some general and specific Fraud -Related motor vehicle crime information, pertaining to trends in fraudulent titles, Registration Fraud, Insurance Fraud, Odometer Fraud, Vin Fraud and Identity Fraud Sales /Synthetic Identity Sales. The information presented to Law Enforcement officers will deal directly with detection and prevention of Fraud -Related Motor Vehicle Crimes. This would also allow officers to relay information to citizens personally and further educate the community about methods to avoid becoming a victim of a Fraud -Related Motor Vehicle Crime. The Southeast Texas Auto Theft Task force has established a good working relationship and rapport with the community that we have served over that last 29 years. The Community Presentations would be used to strengthen that relationship and establish new contacts. Updated, relevant information pertaining to steps citizens can take to avoid becoming a victim of a fraud -related motor vehicle crime, would be presented in an effort to educate the community. This education would help reduce incidences of this type of crime. Things such as always got a title and took closely at the title when purchasing vehicles from individuals and even dealerships. Also if the deal looks too good to be true, it usually is, Other things would pertain to how the purchase, such as an internet sale, should be handled to avoid not just fraud, but bodily harm. Driving to pick-up an internet purchase with a large quantity of cash at a location of the sellers choosing is always a very bad idea. The task force would strive to stress the importance of safety and legality to avoid becoming a victim. 3.4 Functions of the proposed program related to preventing motor vehicle crime (motor vehicle theft, burglary from a motor vehicle and fraud -related motor vehicle crime) The Southeast Texas Auto Theft Task Force will conduct Law Enforcement and Community Education Awareness Presentations / Classes. The purpose of the presentations for Law Enforcement would be to augment their knowledge base with some general and specific Fraud -Related motor vehicle crime information, pertaining to trends in fraudulent titles, Registration Fraud, Insurance Fraud, Odometer Fraud, Vin Fraud and Identity Fraud Sales / Synthetic Identity Sales. The information presented to Law Enforcement officers will deal directly with detection and prevention of Fraud -Related Motor Vehicle Crimes. This would also allow officers to relay information to citizens personally and educate the community about methods to avoid becoming a victim of a Fraud -Related Motor Vehicle Crime. This would entail instruction on VIN plates, Nader stickers and other identifiers, (excluding C-ViN'S) Fraudulent titles, overviews on insurance fraud, odometer fraud and identity fraud sales. The Southeast Texas Auto Theft Task force has established a good working relationship and rapport with the community that we have served over that last 29 years. The Community Presentations would be used to strengthen that relationship and establish new contacts. Updated, relevant information pertaining to steps citizens can take to avoid becoming a victim of a fraud -related motor vehicle crime, would be presented in an effort to educate the community. This education would help reduce incidences of this type of crime. Things such as always get a title and took closely at the title when purchasing vehicles from individuals and even dealerships. Verify the VIN and look for anything that doesn't look "right" in the paperwork. Also if the deal looks too good to be true, it usually is. Other things would pertain to how the purchase, such as an internet safe, should be handled to avoid not just fraud, but bodily harm. Driving to pick-up an Internet purchase with a large quantity of cash at a location of the sellers choosing Is always a very bad idea. This could be a set-up for a robbery or worse. The seller already knows / thinks the buyer is in possession of the money for the price of the vehicle and the buyer usually has no idea what the sellers real name is or what they look like. The task force would strive to stress the importance of safety and legality to avoid becoming a victim. 3.5 Functions of the proposed program for other motor vehicle crimes investigations and activities consistent with the statutory requirements (preventing stolen vehicles from entering Mexico, stopping Illegal export of stolen vehicle from bridge/ outbound port operations, disruption of cartel or organized criminal enterprises using stolen motor vehicles or fraud related motor vehicle crime, insurance fraud, etc...) The City of Beaumont has the Port of Beaumont at its very heart, downtown very near the City of Beaumont Police Department. The https:#mvcpa.tamu,edulApplicationrTFGPrintApplicalion, asp?AppID=I93&FiscalYear2023 11116 7/8122, 8:20 AM MVCPA Taskforce Grant Application Port of Beaumont has its own Police Department as well as the Jefferson County Marine Unit and the U.S. Coast Guard, which patrol the Port of Beaumont and the Neches and Sabine Rivers. These rivers are the inlets from the Gulf of Mexico. The Port of Beaumont is also served by three rail carriers, BNSF, Kansas City Southern and Union Pacific, The Port of Beaumont is primarily a bulk cargo port, meaning very few if any vehicles go through the port for transport. The vehicles that do go through the port are almost exclusively U.S. Military vehicles. The Port of Beaumont is one of the main ports in the nation used for Military equipment transportation due to its location on the Gulf of Mexico and it is the headquarters to the United States Army's 842nd Transportation Battalion, which specializes in port logistics. The Southeast Texas Auto Theft task Force has a working relationship with the Port Police and are rarely if ever called upon by there. This due to the type of cargo that enters and exits the port. The Southeast Texas Auto Theft Task Force has had numerous cases which have involved cartel or other gang members such as MS-13, but only as peripheral investigators. Most of those cases involved Motor Vehicle Theft, specifically, F-260 or 2600 trucks. The vehicles were usually stolen from more rural areas and most of them were recovered in the Houston area, many times with the seats taken out and some limes with illegal aliens running from the vehicles when police attempted to stop them. These trucks were obviously being used for human trafficking, hence the seats taken out to allow more people to fit in the vehicle. The trucks were almost always 4-wheel drive and were most likely going to the border where they were used for transport. Many of the offenders that the task force has arrested or assisted other law enforcement agencies with, when questioned will not admit to affiliation with either the cartel of any other gang. The majority of the crimes involving motor vehicle theft, or fraud related motor vehicle crimes are cases which stem from the Houston area. Due to the distance from the border and the type of cargo shipped and transported through the Port of Beaumont; namely bulk cargo such as breakbulk, project, heavy lift, rolling stock, agricultural goods, metal articles, wind energy, paper/pulp products and military equipment, the issue of vehicles leaving for or arriving from Mexico is not a problem. The Southeast Texas Auto Theft Task Force has a good working relationship with the Port of Beaumont Police as well as the Jefferson County Sheriffs Office Marine Unit. Those respective entities will call upon the task force if needed on any vehicle that my be of questionable origin and/or destination. 3.6 Collaboration Effort -- Describe the taskforce method to collaborate, and not duplicate existing activities. Describe the cross boundaries regional approach to grant activity implementation. Describe how the applicant staff and jurisdiction will coordinate with other taskforces and law enforcement agencies to implement this program. The Southeast Texas Auto Theft Task Force over its 29 year tenure has established long -running working relationships with all of the law enforcement agencies in the coverage area, as well as taskforces and multiple other law enforcornent agencies in the State of Texas. The reputation of the Southeast Texas Auto Theft Task Force is one of competence, dedication and willingness to help throughout the region, state and even other states. Intelligence sharing and assistance to outside agencies, both in and out of the Project area have forged these relationships and friendships. The Southeast Texas Auto Theft Task Force has always set the bar high and prioritized the relationships, which are reciprocal. The task force will endeavor to be the "Go -To" task force for assistance and expertise in any type of motor vehicle crime, by staying abreast of the latest and most accurate motor crime trends. This expertise extends beyond law enforcement to Judicial agencies as well. The relationships with the four county coverage area District Attorney's Offices are solid and cooperation is the 'norm" on both sides of the coin. These collaborations have involved numerous cases of organized criminal activity as well as individuals and these relationships will continue and grow stronger. The Task Force will also collaborate with numerous other state agencies, such as TXDMV, DPS, tax offices and other task forces throughout the state. These collaborations will include 88(A) inspections, title frauds at tax offices, TXDMV field offices and registration issues and crimes that will arise from those agencies. 3.7 If the proposed application requests any exceptions or deviation from any general grant rules, RFA conditions or grant administrative policy, please indicate in the section betow. Indicate the section of the specific issue and citation that you are asking the MVCPA to consider and the rational for the request. N/A Part It Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program. Click on the link above and select the method by which statutory measures will be collected. Law Enforcement programs must also estimate targets for the MVCPA predetermined activities. The MVCPA board has determined that grants programs must document specific activities that are appropriate under each of the three goals. Applicants are allowed to write a limited number of user defined activities. ID Activity Measure Target Statutory Motor Vehicle Theft Measures Required for all Grantees. 1.1.15 Increase the recovery rate of stolen Report the number of vehicles recovered by taskforce motor vehicles 1.1,16 Increase the clearance rate of MVTs Report the number of MVT cases cleared 1.1.17 Increase the number of persons Report the number of persons arrested for motor vehicle theft by taskforce arrested for motor vehicle theft Statutory Burglary of a Motor Vehicle Measures Required for all Grantees 2.1.12 Increase the clearance rate of motor Report the number of BMV including parts cases cleared vehicle burglaries https:llmvcpa,tamu.edulAppiicationfTFGPrintApplication.asp?ApplD=1 RWiscaiYear=2023 12116 718122, 8:20 AM MVCPA Taskforce Grant Application ID Activity Measure Target 2.1.13 Increase the number of persons Report the number of persons arrested for burglary by taskforce arrested for motor vehicle burglary Statutory Fraud -Related Motor Vehicle Crime Measures Required for all Grantees 8.1.1 Increase the clearance rate of fraud- Report the number of fraud -related motor vehicle cases cleared related motor vehicle crime cases. 8.1.2 Increase the number of persons Report the number of persons arrested for fraud -related motor vehicle crimes arrested for fraud -related motor vehicle crimes. Measures for Grantees. Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Motor Vehicle Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Motor Vehicle Theft 1 A.1 Identify groups of auto theft offenders !Number of MVT groups identified. Include gangs, cartels or other criminal 15 through intelligence gathering, crime enterprise with two or more members analysis and the use of informants 1.1.2 Identify and documenUrecord prolific Number identified/documented offenders 15 MVT offenders [Prolific is defined as "linked to MVT offenses three or more limes"] 1.1.5 Conduct inspections of local businesses Number of businesses inspected 40 related to vehicle enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). (see 1.3.3 to report the number of vehicles inspected in these businesses) 1.1.6 Conduct bait vehicle operations that Number of bait vehicle deployments. Include BMV bait operations here. 12 target MVT offenders 1.1.8 Deploy license plate readers (LPR) Number of times LPR deployed. Deploy: If stationary unit then total number of days or partial days unit was operable and on, Mobile unit number of days the unit was on and operable. 1.1.9 Respond to taskforce license plate Number of times investigators responded to taskforce LPR alert notifications reader (LPR) alert notifications regardless of whether vehicle was located 1.1.12 Conduct covert operations targeting Number of covert operations 5 MVT offenders 1.1.13 Conduct warrant "round -up" operations Number of warrant round -up operations performed for MVT, BMV and FRMVC, targeting motor vehicle crime offenders, including people wanted for MVTs, motor vehicle burglaries, theft of vehicle parts and motor vehicle fraud related crime. 1 A.24 Number of Altered Vehicles Recovered Report the total number of vehicles recovered with altered Vehicle Identification Number. Note: Please remember that a vehicle recovered must be reported in 1.1.15 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Motor Vehicle Theft 1.2.1 Provide Agency Assists for MVT and Number of agency assists related to MVT. Assist means responding or 10 motor vehicle related fraud answering questions via phone, a -mail, or in person. Providing recommendation, guidance, strategy, support or information that other LEOs will use to resolve their cases. The assist generally does not have the direct responsibility for an Investigation nor uses LEO authority. The assist helps another LEO or agency investigate cases. Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 1.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in 100 (i.e. homicide, vice, narcotics, etc,) taskforce related to MVT. Collaboration means physically using law enforcement within the taskforce department(s) resources, tactics and authority to perform activity on cases that draw upon or where a motor vehicle was used in the aid in the investigation Intended to further the resolution of any case, identify commission of the crime (includes parties to crime, identify vehicles, interview witnesses/suspects and apprehend identification of vehicles), Include all suspects. Collaboration will Include any help, recommendation, contribution or participating Jurisdiction departments support requested from or provided to another unit or offered by the taskforce here, that aids in the furtherance of motor vehicle theft investigations. https:!lmvcpa.tamu.cdu/ApplicationiTFGPrintApplication.asp?AppID�l93&FiscalYear�2023 13116 718122. 8:20 AM MVCPA Taskforce Grant Application ID Activity 1.2.3 Collaborate with all other outside LE agencies and other organizations that assist in the reduction of MVTs. Include all coverage jurisdictions here. 1.2.5 Conduct intelligence information - sharing (Personal attendance) 1.2.6 Conduct intelligence Information - sharing (Written Information) 1.2.7 Collaborate with other MVCPA taskforces Measure Number of times collaborated with coverage area agencies or other law enforcement agencies and organizations that assist in the reduction of MVT. Collaboration means physically using law enforcement resources, tactics and authority to perform activity on cases that draw upon or aid in the investigation intended to further the resolution of any case, identify parties to crime, identify vehicles, interview witnesses/suspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of MVTtheft investigations. Number of intelligence meetings attended (include attending as presenter, participant or attendee) Crime analysis bulletins disseminated (include information distributed to law enforcement agencies via text, e-mail, or intra-net communications) Number of times collaborated with other MVCPA taskforces that assist in the reduction in MVT, BMV and FRMVC. 1.3 Strategy 3: Prevent and Reduce the Incidence of Fraud -Related Motor Vehicle Activities 1.3.1 Collaborate with agencies relating to Number of collaborations investigation and enforcement of vehicle Insurance fraud and FRMVC 1.3.2 Conduct confidential 68(A) inspections Number of vehicles inspected to complete a TxDMV 68A inspection form per (for TxDMV assignment or TxDMV (VIN assignment, reassignment, bonded title) reassignment of VW required by Tx Trans. Code §501.032) 1.3.3 Conduct VIN verification inspections. Number of vehicles inspected by taskforce to identify the vehicles not reported in (All other reasons except bridge or port) confidential (68A) or bridge and port sections. 1.3.4 Coordinate with TxDMV/Tax Offices Number of collaborations with TxDMV HQ, TxDMV Regional Service Centers or relating to investigation and County Tax Assessor Collector offices. enforcement of fraudulent titles and registration of stolen vehicles Target 100 15 15 500 50 15 2 Goal 2: Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies 2.1 Strategy 1: Conduct Activities that Result In the Arrest, Clearance, and Recoveries of Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 2.1.1 Conduct bait vehicle operations that Number of bait vehicle burglary deployments 12 target vehicle burglary offenders 2.1.2 Identify "prolific BMV offenders" through Number of offenders identified 20 Informants and intelligence [Prolific is defined as "linked to BMV and theft of vehicle parts and accessories offenses three or more times"] 2.2 Strategy 2: Conduct Collaborative Efforts that Result In the Reduction of Incidents of Theft From a Motor Vehicle 2.2.1 Provide Agency Assists BMV. Number of agency assists related to BMV or stolen parts. Assist moans 75 responding or answering questions via phone, e-mail, or in person. Providing recommendation, guidance, strategy, support or information that other LEOs. will use to resolve their cases. The assist generally does not have the direct responsibility for an investigation nor uses LEO authority. The assist helps another LEO or agency investigate cases. Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 2.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in 50 within the taskforce department(s) (i.e, taskforce related to BMV or stolen parts. Collaboration means physically using homicide, vice, narcotics, etc.) where law enforcement resources, tactics and authority to perform activity on cases that theft of parts occurred in the draw upon or aid in the investigation intended to further the resolution of any commission of the crime (includes case, identify parties to crime, identify vehicles, interview witnesses/suspects and Identification of vehicle). Include all apprehend suspects. Collaboration will Include any help, recommendation, participating jurisdiction departments contribution or support requested from or provided to another unit or offered by here. the taskforce that aids In the furtherance of BMV theft investigations. 2.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 100 agencies and other organizations where enforcement agencies and organizations that assist In the reduction of BMV or theft of parts occurred in the stolen parts. Collaboration means physically using law enforcement resources, commission of the crime (includes tactics and authority to perform activity on cases that draw upon or aid in the identification of vehicle). Include all investigation intended to further the resolution of any case, identify parties to coverage jurisdictions here. crime, identify vehicles, interview witnesseslsuspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of motor vehicle theft investigations. htlps:llmvcpa.tamu.edulApplication/ fFGPrintApplication.asp?ApplD=193&FlscaIY8ar-2023 14116 718/22, 8:20 AM MVGPA Taskforce Grant Application ID Activity Measure Target 3 Goal 3: Educate/Train Citizens and Qualified Personnel In Detection and Prevention of Motor Vehicle Theft, Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 3A Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3A A Conduct educational outreach events Number of outreaches 1 (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations to Number of presentations. Presentation means in person, on -lino, original written 2 the public document, article, orwebpage. 3.1.4 Conduct vehicle Identification Number of etching events. Include windows, component parts, VIN stamps and initiative/event catalytic converters. 3.1.4.1 Conduct vehicle identification Number of Participants/Attendees (Vehicles Marked) initiative/event 3.1.5 Purchase advertisements in local Number of advertisements purchased or provided complimentary for taskforce. outlets Include all types of media purchased or provided free (social, tv, utility inserts, billboards, transportation, etc,). Describe in 6,1,1, 3.1.6 Conduct vehicle report card initiatives, Number report cards issued 100 3.1,7 Utilize social media outlets (Facebook, Number of postings in social media outlets Twitter, Instagram, etc.) 3.1.8 Deploy outdoor public notification Number of deployments per month (if sign remains several months, count as 1 signage deployment per month) 3.1.10 Conduct media outreach, including, Number of outroachos 10 public service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property 3.2.1 Conduct law enforcement training Number of classes provided for TOOLE credit 1 (TOOLE) 3.2.3 Conduct vehicle crimes presentations to Number of classes or presentations, Presentations may include electronic roll 4 law enforcement agencies (non call documents, shift BOLOs and other written or presented materials based on TOOLE) local practices. Grant Evaluation 4.1 Describe the local method and/or practice used to collect the data for reporting Goals, Strategies, and Activities and to evaluate the grant program effectiveness. Describe management and staff participation. Include descriptions of systems (forms and software) that will be used to ensure reliable and accurate data is collected and reported. Describe any other evaluation methods used in the applicant agency to determine effectiveness or cost efficiency of the program. The local evaluation process establishes accountability and measurement of progress through collection of data and Information throughout the chain of command. Investigators are required to keep activity logs and submit monthly reports to the Program Manager. The Task Force Supervisor reviews cases and monitors the activities of investigators. The Program Director oversees the entire operation, including the field supervisor, and maintains records of activity and spending. He works closely with the Beaumont CFO's grant coordinator and reports as necessary to the department heads of the participating agencies to discuss progress and/or problems. NBRS data for all agencies within the project area will be closely monitored to detemllne the overall impact of Task Force efforts. Personal activity logs and specific reports will be maintained to log progress an stated objectives. These Include information detailing such things as the number of bait operations, inspections and public awareness initiatives performed. They will also record other items like arrests made, cases filed and vehicles recovered. Progress of the program will be evaluated monthly. Each investigator will complete a monthly report based on MVCPA reporting categories and the specific objectives of this grant. Each report will be accompanied by documentation supporting the information given and validated by comparison with RMS generated statistical reports to ensure accuracy. The Project Manager will then compile that information Into the quarterly Progress Reports that are forwarded to MVCPA. 4.2 Provide any other suggested measures that would better reflect the law enforcement or prevention work that the proposed program will perform. If the suggested measure fits into one of the stated goals above please indicate. N/A TxGMS Standard Assurances by Local Governments M We acknowledge reviewing the TxGMS Standard Assurances by Local Governments as promulgated by the Texas Comptroller of Public Accounts and agree to abide by the terms stated therein, Certifications https:ttmvcpa.tamu,edulApplication[fFGPrintApplication,asp?ApplD=193&Fisca]Year=2023 15116 7h3122, 8:20 AM MVCPA Taskforce Grant Application The certifying official is the authorized official, Chris Boone, Interim City Manager. By submitting this application I certify that I have been designated by my jurisdiction as the authorized official to accept the terms and conditions of the grant. The statements herein are true, complete, and accurate to the best of my knowledge, I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. By submitting this application I certify that my jurisdiction agrees to comply with all terms and conditions if the grant is awarded and accepted. I further certify that my jurisdiction will comply with all applicable state and federal laws, rules and regulations in the application, acceptance, administration and operation of this grant. .I XDMV - MVC;PA, ppri,t�arr�u,c:du C� 2U17 https:llmvcpa.tamu.edulAppllcationlTFGPrintApplication.asp?ApplD=193&FiscalYear=2023 16/16 RESOLUTION NO. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and, WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and, WHEREAS, City of Beaumont has agreed that in the event of loss or misuse of the grant funds, City of Beaumont assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Chris Boone, Interim City Manager, is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept said grant; and, BE IT FURTHER RESOLVED THAT Onafre Tyler, Lieutenant, is designated as the Program Director and Todd Simoneaux, Chief Financial Officer, is designated as the Financial Officer for this grant. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton - J] • TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: July 26, 2022 REQUESTED ACTION: Consider a resolution authorizing the Interim City Manager to execute the renewal of lease agreements with Bar C Ranch for the Southeast Texas Auto Theft Task Force. BACKGROUND The Auto Theft Task Force offices are located at 2430 West Cardinal Drive Suites C, D and E. The renewal of the lease agreements with Bar C Ranch will be for 36 months and fun from September 1, 2022 to August 31, 2025. The allotted space includes offices for eight of the nine Task Force members for investigative operations, including a garage with a vehicle lift for inspections (Suite C, 3900 Sq. Ft. @ $1,950 per month). Suites D & E (5850 Sq. Ft. @ $2,457 per month) provides secure storage for vehicles, trailers and other property owned or seized by the Task Force. FUNDING SOURCE The two leases satisfy the City's Cash Match requirement of the grant from the Motor Vehicle Crime Prevention Authority that is the primary source of funding for the Southeast Texas Auto Theft Task Force. Both leases are written so that if grant fiinding is not available, the City can opt out of the lease without penalty, RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager is hereby authorized to execute a three (3) year Extension of Lease Agreement with Bar C Ranch Company, Inc. for Southeast Texas Auto Theft Task Force office and warehouse space located at 2430 West Cardinal Drive, Suite C, at a monthly rental fee of $1,950.00. The Extension of Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT the Interim City Manager is hereby authorized to execute a three (3) year Extension of Lease Agreement with Bar C Ranch Company, Inc, for Southeast Texas Auto Theft Task Force office and warehouse space located at 2430 West Cardinal Drive, Suites D and E, at a monthly rental fee of $2,457.00. The Extension of Lease Agreement is substantially in the form attached hereto as Exhibit °B" and made a part hereof for all purposes, The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton - EXTENSION OF LEASE AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, under date of April 19, 2013, BAR C RANCH COMPANY, INC., as LANDLORD, and CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, did execute and enter into LEASE AGREEMENT (hereinafter referred to as the "Lease"), said Lease providing for the use and occupancy by TENANT, subject to the terms thereof, of certain office and warehouse space located at 2430 West Cardinal Drive, Suite C, Beaumont, Jefferson County, Texas, 77705; and WHEREAS WHEREAS, under date of April 19, 2013, LANDLORD, and TENANT, did execute and enterintoa LEASE AGREEMENT providing for a 40-monthterm of the Lease commencing May 1, 2013 and expiring August 31, 2016; and WHEREAS, in October 2016, LANDLORD, and TENANT, did execute and enter into EXTENSION OF LEASE AGREEMENT providing for a 36-month term of the Lease commencing September 1, 2016 and expiring August 31, 2019; and WHEREAS, in August 2019, LANDLORD, and TENANT, did execute and enter into EXTENSION OF LEASE AGREEMENT providing for a 36-month term of the Lease commencing September 1, 2019 and expiring August 31, 2022; and WHEREAS, it is the desire of LANDLORD and TENANTto ratify and confirm the Leaseand to provide for a renewal and three-year extension of the Lease; NOW THEREFORE, in consideration of the premises and of the agreements and covenants herein contained, together with One Dollar ($1.00) and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged and confessed, BAR C RANCH COMPANY, INC.,as LANDLORD, does hereby lease, grant, demise and let said premises unto CITY OF BEAU M0NT/SOUTH EAST TEXAS AUTO THEFT TASK FORCE, as TENANT, and TENANT hereby accepts said premises, subject to and in accordance with the following amendments, terms and conditions: The primary term of the Lease shall be extended foran additional three-year (36-month) period, which period shall commence September 1, 2022 and which shall expire August 31, 2025. Rent for the term is calculated as follows: Rental Period Base Rent Base Rent /Sq. Ft./Year Month Months 1-36 $6.00/Sq. Ft./Yr. $1,950.00 LANDLORD AND TENANT each hereby ratify and confirm the Lease as herein renewed and extended. EXHIBIT "A" IN WITNESS WHEREOF, this instrument is executed this ----day of June 2022. EXECUTED in multiple counterparts, each of which shall be deemed an original. LANDLORD TENANT Bar C Ranch Co., Inc. CITY OF BEAUMONT/SOUTH EAST TEXAS AUTO THEFT TASK FORCE By: _ — --- By-, --- R. Lane Wilson Name: President Title: 2 EXTENSION OF LEASE AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON WHEREAS, under date of April 19, 2013, BAR C RANCH COMPANY, INC., as LANDLORD, and CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, did execute and enter into LEASE AGREEMENT (hereinafter referred to as the "Lease"), said Lease providing for the use and occupancy by TENANT, subject to the terms thereof, of certain office and warehouse space located at 2430 West Cardinal Drive, Suites D and E, Beaumont, Jefferson County, Texas, 77705; and WHEREAS, under date of April 19, 2013, LANDLORD, and TENANT, did execute and enter into a LEASE AGREEMENT providing for a 40-month term of the Lease commencing May 1, 2013 and expiring August3l, 2016; and WHEREAS, in October2016, LANDLORD, and TENANT, did execute and enterinto EXTENSION OF LEASE AGREEMENT providing for a 36-month term of the Lease commencing September 1, 2016 and expiring August3l, 2019; and WHEREAS, in August 2019, LANDLORD, and TENANT, did execute and enter into EXTENSION OF LEASE AGREEMENT providing for a 36-month term of the Lease commencing September 1, 2019 and expiring August3l, 2022; and WHEREAS, it is the desire of LANDLORD and TENANT to ratify and confirm the Lease and top rovide for a renewal and three-year extension of the Lease; NOW THEREFORE, in consideration of the premises and of the agreements and covenants herein contained, together with One Dollar ($1.00) and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged and confessed, BAR C RANCH COMPANY, I N C., as LANDLORD, does hereby lease, grant, demise and let said premises unto CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, and TENANT hereby accepts said premises, subject to and in accordance with the following amendments, terms and conditions; The primary term of the Lease shall be extended foran additional three-year(36-month) period, which period shall commence September 1, 2022 and which shall expire August 31, 2025. Rentfor the term is calculated as follows; Rental Period Base Rent Base Rent /Sq. Ft./Year Month Months 1-36 $5.04/Sq. Ft./Yr, $2,457.00 LANDLORD AND TENANT each hereby ratify and confirm the Lease as herein renewed and extended. IN WITNESS WHEREOF, this instrument is executed this--__ day of June 2022. EXECUTED in multiple counterparts, each of which shall bed ee me d an original. By: LANDLORD TENANT Bar C Ranch Co., Inc. CITY OF BEAUMONT/SOUTH EAST TEXAS AUTO THEFT TASK FORCE -- -- T By: .... — — � --- R. Lane Wilson Name: -------- --- President Title: 2 FROM: Chris Boone, Interim City Manager PREPARED BY: Shame N. Reed, City Attorney MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown Individually and The City of Beaumont; Civil Action No. 1:22-ev-00024. BACKGROUND The lawsuit styled Ronald K. Davis v. John D. Brown, Individually and The City of Beaumont; Civil Action No. 1:22-ev-00024, was presented and discussed in Executive Session held on July 19, 2022. The City Attorney is requesting authority to settle this suit in the amount of $22,500. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Ronald K. Davis v. John D. Brown Individually and The City of Beaumont; Civil Action No. 1:22-cv-00024, was discussed in Executive Session properly called and held Tuesday, July 19, 2022; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and she is hereby, authorized to settle the matter of Ronald K. Davis in the lawsuit styled Ronald K. Davis v. John D. Brown,Individually. and The City of Beaumont; Civil Action No. 1:22-cv-00024, for the sum of Twenty -Two Thousand Five Hundred and XX1100 Dollars ($22,500.00); and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton 1 July 26, 2022 Conduct an election for Mayor Pro Tempore TEXAS TO: City Council FROM: Chris Boone, Interim City Manager MEETING DATE: July 26, 2022 REQUESTED ACTION: Conduct an election for Mayor Pro Tempore BACKGROUND According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one year term." The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Councilmember for a one (1) year term. is elected Mayor Pro Tempore The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton - 2 July 26, 2022 Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant -- Disaster Recovery (CDBG-DR) Program fimding related to drainage improvements along Phelps Road and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Disaster Recovery (CDBG-DR) Program funding related to drainage improvements along Phelps Road and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program. �[ICC"_ZIl1�I1 Tropical Storm Imelda severely impacted the City of Beaumont and the City desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship by lessening the impact of future disasters, The projects detailed within the application will address major drainage improvements in the southern parts of the City of Beaumont along Phelps Road which were identified as at risk due to Tropical Storm Imelda. The CDBG-DR Application request amount be filed for $1,000,000.00 for construction, acquisition, and professional services. The application will require a cash match, based on CDBG-DR application request amount, in the amount of $55,479.65 for Construction activities committed by the City of Beaumont from the General Fund. The total project cost is $1,055,479.65 to include construction, acquisition, and professional service activities. FUNDING SOURCE Capital Program, RECOMMENDATION Approval of the resolution. JII� PUBLIC MANAGEMENT EST.t982 Planning - Financing • Management July 26, 2022 Mayor and Council City of Beaumont 801 Main Street Beaumont, Texas 77701 RE: BEAUMONT CDBG-DR APPLICATION Dear Mayor and Council: Please allow this letter, and the detail contained within, to serve as the basis for discussion for the City's application in the upcoming Community Development Block Grant — Disaster Recovery (CDBG- DR) competition. The project consists of the construction drainage improvements along Phelps Rd, The enclosed documents detail the project area, project scope, project budget, project beneficiaries, and project schedule. The final application budget is presented below: Activity Grant Match Total Construction $905,000.00 $55,479.65 $960,479.65 Administration $95,000.00 $0.00 $95,000.00 Total $1,000,000.00 $55,479.65 $1,055,479,65 Please note, the local match commitment has been allocated to the construction activity and will be expected to be expended at the start of construction. In addition, the following items are included for final approval and authorization to submit this application to the Texas General Land Office (GLO) on or before August 1, 2022: • Application Resolution • SF-424 Form (requires signature) • Local Certification (requires signature) The approved application resolution and the forms requiring signatures will need to be completed and sent back to me for inclusion with the official application material. Respectfully, Michael Mlgaud Project Manager T 281,592.0439 F 281.592.1734 W publicmgt.com 1i info@publicmgt.com P.O. Box 1827 Cleveland, TX 77328 OMB Number: 4040-0004 Expiration hate: 12131/2022 Applicatlon for Federal Assistance SF-424 " 1. Type of Submission: Preapplication ® Application ❑ Changed/Corrected Application " 2. Type of Application: " If Revislon, select appropriate letter(s): ® New Continuation " Other (Specify): Revision * 3. Date Received: 4. Applicant Ident€f€er. 06/01/2022 6a. Federal Entity Identifier: 6b. Federal Award Identifier: State Use Only: 6. Date Received by Slate: 7. State Application Identifier. 8. APPLICANT INFORMATION: * a. Legal Name: City of Beaumont " b, Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 0739011800000 746000278 1 d. Address: * Streetl: 801 Main Street Streett: City: Beaumont CountylParish: "State: TX: Texas Province: *Country: USA: UNITED STATES Zip 1 Postal Code: 77701-0000 e. Organizational Unit: Department Name: Division Name: Administration City of Beaumont f. Name and contact Information of person to be contacted on matters involving this application: Prefix: tor. * First Name: Bart Middle Name: * Last Name: Bartkowiak Suffix: Title: Director of Public Works & Technology Service Organizational Affiliation: Administration *Telephone Number: 409-880-3752 Fax Number: 409-880-3712 *Email: Bart.Bartl-.owiak@beaumonttexas.gov Applicatlon for Federal Assistance SF-424 1J. Type of Applicant 1: Select Applicant Type: e City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: " Other (specify): 10. Name of Federal Agency: United States Department of Housting and Uxban Development 11. Catalog of Federal Domestic Assistance Number: 14.228 CFDA Title; Community Development Block Grant - Disaster Recovery (CDBG-DR) " 12. Funding Opportunity Number: DR-4454 & DR-4466 Title: Community Development Block Grant - Disaster Recovery (CDBG-DR) Phelps Rd Drainage Improvements 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment.. 15. Descriptive Title of Applicant's Project: Phelps Rd Drainage Improvements Attach supporting documents as specified In agency Instructions. Add Attachrl7ants Delete Attachrr OW View Attachrnents ''' Applicatlon for Federal Assistance SF-424 16. Congressional Districts Of; * a. Applicant 19 * b. Program/Project CDBG Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment mew Attachment 17. Proposed Project; *a. Start Date: 01/16/2023 *b, End Date: 01/16/2026 18. Estimated Funding ($): * a. Federal 1, 000, 000.00 * b. Applicant 55, 479. 65 * c. State 0.00 * d. Local 0.00 * e. Other 0.00 * f. Program Income 0.00 *g.TOTAL 1,055,479.65 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? [l a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program is subject to E.0, 12372 but has not been selected by the State for review. ® c. Program Is not covered by E.O. 12372. * 20, Is the Applicant Delinquent On Any Federaf Debt? (if "Yes," provide explanation In attachment.) Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Aliachmenl Vew Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, Is contained In the announcement or agency specific instructions. Authorized Representative: Prefix: tor. * First Name: Chris Middle Name; * Last Name: Boone Suffix: I Title: City Manager * Telephone Number, 409-880-3770 Fax Number, 469--880-3712 *Email; Chris.Boone@beaumonttexas.gov • Signature of Authorized Representative: - * Date Signed; 07/26/2022 Q O n Q Q o Q Q p Q [{[�A} Q O o P P Q 4 O i+� {rh7 p Cp.7 p p add tl pO d O fV tpb O o 1A a{ P¢ 0 pippp o� rV N M rl lT r^A) N 'A N N N VA N Vl tel N N N N N N N N 41 �„aJ A Oi o N, a 4 a d Q 0 L o J • Q V1 N N in N iR Vp1 -M N Np N N N N ^ �EJ C° '$ pN © © as pN �C!?j pN O OO# d pN ST h M ff "�f Q Q p p VGA 0 p O OP6 Oq¢/�,+"�� 1� u 4 JJ 9 ^� 111111 o N H� nl m ri ' • pP� ap p� s- 1QV1 nO t4 UO ryO o i{j 0. 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O ~d+•s �• 43:0, x a a A vi z O � p « \\ CL 1 n aUF���orUgS�o C7 a � � �, !O U � 'a a5\��� _ys (0 0� } QQ }0 (� m OU � ° iA IT pP. 0 P4 � A A4 � AR C9 A Z 4 �l � 4 o nl U No Text Texas General Land Office Community Development and Revitalization Division rx�to Disaster Recovery --- Local Certifications Each Applicant for Community Development Block Disaster Recovery (°CDBG-DR") funding must complete Federal Assistance Standard Form 424 (SF-424) and certify that local certifications included in this application guide were followed in the preparation of any CDBG- DR program application. Additionally, Applicants must certify that it will continue to follow local certifications in the event that funding is awarded and Applicant is reclassified as a Subrecipient. Each Applicant/Subrecipient must comply with the provisions of the National Environmental Policy Act ("NEPA"), the Council on Environmental Quality ("CEQ") regulations, the requirements set forth in Title 24 of the Code of Federal Regulations ("CFR") part 58, and applicable Texas General Land Office policy directives. Each Applicant/Subrecipient must comply with all applicable federal and state laws, including environmental, labor (Davis -Bacon Act), the procurement procedures and contract requirements found at 2 C.F.R. §200.318 — §200.326, and all civil rights requirements. Each Applicant/Subrecipient certifies, as outlined in 83 FR 5844 (February 9, 2018), the following: A. The Applicant/Subrecipient certifies that it has in effect and if following a residential anti- displacement and relocation assistance plan in connection with any activity assisted with funding under the CDBG program. B. The Applicant/Subrecipient certifies its compliance with restrictions on lobbying as required by 24 CFR part 87, together with disclosure forms, if required by part 87. C. Any entity or entities designated by the subrecipient, and any contractor, subrecipient, or designated public agency carrying out an activity with CDBG-DR funds, possess(es) the legal authority to carry out the program for which it is seeking funding, in accordance with applicable HUD regulations and this Notice. The subrecipient certifies that activities to be undertaken with fiends under the Notice are consistent with the Action Plan. D. The Applicant/Subrecipient certifies that it will comply with the acquisition and relocation requirements of the URA, as amended, and implementing regulations at 49 CFR part 24, except where waivers or alternative requirements are provided for in the Notice. E. The Applicant/Subrecipient certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) and implementing regulations at 24 CFR part 135. Disaster Recovery -- Local Certifications Page 1 of 4 F. The ApplicantlSubrecipient certifies that it is following a detailed citizen participation plan that satisfies the requirements of24 CFR §91.115 or §91.105 (except as provided for by HUD in the Federal Register notices providing waivers and alternative requirements for this grant). Also, each local government receiving assistance from a State grantee must follow a detailed citizen participation plan that satisfies the requirements of 24 CFR §570.486 (except as provided for in notices providing waivers and alternative requirements for this grant). G. The ApplicantlSubrecipient certifies that it is complying with each of the following criteria: 1) Funds will be used solely for necessary expenses related to disaster relief, long- term recovery, restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas for which the President declared a major disaster in 2018 or 2019 pursuant: to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. §5121 et seq,). 2) With respect to activities expected to be assisted with CDBG-DR fiords, the Action Plan has been developed to give the maximum feasible priority to activities that will benefit low- and moderate -income families. 3) The aggregate use of CDBG-DR funds shall principally benefit low- and moderate- income families in a manner that ensures that at least 70 percent (or another percentage permitted by HUD in a waiver published in an applicable Federal Register notice) of the grant amount is expended for activities that benefit such persons. 4) The ApplicantlSubrecipient will not attempt to recover any capital costs of public improvements assisted with CDBG-DR grant fiends, by assessing any amount against properties owned and occupied by persons of low- and moderate -income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless; Disaster recovery grant fiends are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this title; or ii. For purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks enough CDBG fitnds (in any form) to comply with the requirements of clause (i). Disaster Recovery -- Local Certifications Page 2 of 4 11. The Applicant/Subrecipient certifies that the grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d), the Fair Housing Act (42 U.S.C. §3601-§3619), and implementing regulations, and that it will affirmatively further fair housing. 1. The Applicant/Subrecipient certifies that it has adopted and is enforcing the following policies, and, in addition, must certify that they will require local governments that receive grant funds to certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force by law enforcement agencies in its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2) A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. J. The Applicant/Subrecipient certifies that it (and any administering entity) currently has or will develop and maintain the capacity to carry out disaster recovery activities in a timely manner and that the applicantlsubrecipient has reviewed the requirements of this Notice. K. The Applicant/Subrecipient certifies that it will not use CDBG-DR funds for any activity in an area identified as flood prone for land use or hazard mitigation planning purposes by the state, local, or tribal government or delineated as a Special Flood hazard Area (or 100-year floodplain) in FEMA's most current flood advisory maps, unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain, in accordance with Executive Order 11988 and 24 CFR part 55. The relevant data source for this provision is the state, local, and tribal government land use regulations and hazard mitigation plans and the latest issued FEMA data or guidance, which includes advisory data (such as Advisory Base Flood Elevations) or preliminary and final Flood Insurance Rate Maps. L. The Applicant/Subrecipient certifies that its activities concerning lead -based paint will comply with the requirements of 24 CFR part 35, subparts A, B, 1, K, and R. M. The Applicant/Subrecipient certifies that it will comply with environmental requirements at 24 CFR part 58. N. The Applicant/Subrecipient certifies that it will comply with applicable laws. Disaster Recovery — Local Certifications Page 3 of 4 WARNING: ANY PERSON WHO KNOWLINGLY MAKES A FALSE CLAIM OR STATEM , NT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. §287; 18 U.S.C. §1001, AND 31 U.S.C. § 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers tip a material fact by any trick, scheme or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document knowing the writing or document to contain materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. Printed Nafne ofAwhoa-ized Signatory Signature of Authorized SiViatoiy Date Disaster Recovery — Local Certifications Page 4 of 4 RESOLUTION NO. 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 —DISASTER RECOVERY (CDBG-DR) PROGRAM; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE CDBG-DR PROGRAM. WHEREAS, Tropical Storm Imelda (DR-4332) severely impacted the City of Beaumont; and, WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; and, WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and, WHEREAS, The City of Beaumont aims to affirmatively further fair housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; and, WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant — Disaster Recovery (CDBG-DR) Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a Community Development Block Grant — Disaster Recovery (CDBG-DR) Fund application is hereby authorized to be filed by the City of Beaumont with the General Land Office for the recovery and mitigation efforts under 2019 Disasters Infrastructure Competition. Section 2. That the projects detailed within the application will address major drainage improvements in the southern parts of the City of Beaumont along Phelps Road which were identified as at risk due to Tropical Storm Imelda. Section 3. That the CDBG-DR Application request amount be filed for $1,000,000.00 for construction, acquisition, and professional services. Section 4. That the application will require a cash match, based on CDBG-DR application request amount, in the amount of $55,479.65 for Construction activities committed by the City of Beaumont from the General Fund. Section 5. That the total project cost is $1,055,479.65 to include construction, acquisition, and professional service activities. Section 6. That the City Council directs and designates the Mayor and the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant — Disaster Recovery (CDBG-DR) Program. Section 7. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton -- ATTEST: City Clerk 3 July 26, 2022 Consider authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant — Disaster Recovery (CDBG-DR) Program funding related to drainage improvements in the Laura Addition and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program. TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant -- Disaster Recovery (CDBG-DR) Program funding related to drainage improvements in the Laura Addition and authorize the Mayor and Interim City Manager to act as the City's executive officer and authorized representative in all matters pertaining to the city's participation in the CDBG-DR Program. BACKGROUND Tropical Storin Imelda severely impacted the City of Beaumont and the City desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship by lessening the impact of future disasters. The projects detailed within the application will address major drainage improvements in the Laura Addition Subdivision of City of Beaumont which were identified as at risk due to Tropical Storm Imelda. The CDBG-DR Application request amount be filed for $1,000,000.00 for construction, acquisition, and professional services. The application will require a cash match, based on CDBG-DR application request amount, in the amount of $398,365.00 for Construction activities conu,nitted by the City of Beaumont from the General fund. The total project cost is $1,398,365.00 to include construction, acquisition, and professional service activities. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. PUBLIC MANAGEMENT esravex Planning • Financing • Management July 26, 2022 Mayor and Council City of Beaumont 801 Main Street Beaumont, Texas 77701 Dear Mayor and Council: Please allow this letter, and the detail contained within, to serve as the basis for discussion for the City's application in the upcoming Community Development Block Grant — Disaster Recovery (CDBG- DR) competition. The project consists of the construction drainage improvements within the Lara Addition Subdivision. The enclosed documents detail the project area, project scope, project budget, project beneficiaries, and project schedule. The final application budget is presented below: Act!MM Grant Match Total Construction $905,000.00 $398,365.00 $1,303,365.00 Administration $95,000.00 $0.00 $95,000.00 Total $1,000,000.00 $398,365.00 $1,398,365.10 Please note, the local match commitment has been allocated to the construction activity and will be expected to be expended at the start of construction. In addition, the following items are included for final approval and authorization to submit this application to the Texas General Land Office (GLO) on or before August 1, 2022: • Application Resolution • SF-424 Form (requires signature) • Local Certification (requires signature) The approved application resolution and the forms requiring signatures will need to be completed and sent back to me for inclusion with the official application material. Respectfully, Michael Mlgaud U Project Manager T 281.692.0439 F 281.592.1734 W publiemgLeorn E info@P"bhcmgt.com P.D. Box 1827 Cleveland. TX 77328 OMB Number: 4040-0004 Expiration Date: 12131/2022 Application for Federal Assistance SF-424 * 1. Type of Submission: preapplicallon ® Application ChangedlCorfected Application * 2. Type of Application: * If Revision, select appropriate letter(s): ® New Continuation * Other (Specify): Revision ' $. Date Received: 4. Applicant Identifier 08/O1/2022 6a, Federal Entity Identifier: 6b. Federa€ Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier. 8. APPLICANT INFORMATION: * a. legal Name: City of Beaumont * b. EmployerfTaxpayer Identification Number (EINlTIN): * c. Organizational DUNS: 0739011$00000 746000276 d, Address: ' Streetl: 801 Main Street Slreet2: ' City: seaumont Countyll'arish: ' State: TX: Texas Province: "Country: USA: UNITED STATES ' Zip! Postal Code: 77701-0000 e. Organizational Unit: Department Name: Division Name: Administration City of Beaumont f. Name and contact Information of person to be contacted on matters Involving this application: Prefix: Mr. " First Name: Bart Middle Name: * last Name: lBartkowiak Suffix: Title: Director of Public Works & Technology Service Organizational Affiliation: Administration * Telephone Number. 409--880-37 52 Fax Number: 40 9--8 80-3712 "Email' Bart.Bart kowiak@beaumonttexas,gov Application for Federal Assistance SF-424 ' 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ' Other (specify): ' 10. Name of Federal Agency: United States Department of Housting and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.228 -� CFDA Title: Community Development Block Grant - Disaster Recovery (CDBG-DR) ' 12. Funding Opportunity Number: DR--4454 & DR-4466 ' Title: Community Development Block Grant - Disaster Recovery (CDBG-DR) Laura Addition Drainage Tmprovements 13. Competition Identification Number: N/A Title: N/A 14. Areas Affected by Project (Cities, Counties, States, etc.): Atd Attachment Delete. Attachment llievr Attachment ' 15. Descriptive T1tie of Applicant's Project: Laura Addition Drainage Improvements Attach supporting documents as specified In agency instructions. Add Attacfzrnents Delete AtiashMents View At achtnenEs Application for Federal Assistance SF-424 16. Congressional Districts Of: " a. Applicant 19 " b. Program/Project CpRC Attach an additional list of ProgramlProject Congressional Districts if needed. Rdd Attachment pelele Atlachmerii Vietu Attachrneni 17. Proposed Project: "a. Start Date; 01/16/2023 "b. End Date: 01/16/2026 18. Estimated Funding ($): ' a. Federal 1, 000, 000. 00 " b. Applicant 398, 365. 00 "c. State 0. 00 "d. Local 0.00 ' e. Other 0.00 ' f. Program Income 0100 'g.TOTAL 1,398,365.00 ' 19. Is Application Subject to Review By State Under Executive Order 12372 Process? El a. This application was made available to the State under the Executive Order 12372 Process for review on . b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program Is not covered by E.O. 12372. ' 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation In attachment.) ] Yes ® No If "Yes", provide explanation and attach Add Attachmett DeleteAttachment' 1ew04110nt 21. *By signing this application, I certify (1) to the statements contained In the list of certifications'* and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms If I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® "IAGREE '" The list of certifications and assurances, or an Internet site where you may obtain this list, Is contained in the announcement or agency specific Instructions. Authorized Representative: Prefix: Mr, . -- ` First Name: Chris Middie Name: ' Last Name: Boone Suffix: "Title: lCity Manager `Telephone Number. 909-880-3770 Fax Number. 409-880-3712 "Email: Chris.Boone@beaumonttexas.gov " Signature of Authorized Representative: _ • Date Signed: 07/26/2M O O d a aN £-! q O o to a O p vO1� N O ppp MM wt a CUO� a •-E q d p O Ln a d O l0 vi q d p tfZ q © p l N p d o / nl pp tti p d N fn pp p 00 Y. f} q a p d q o d O �-t a O a a m a d a a a d o a a Q a N OpZ a O co N O lfj d a a d o O N a m 0� K a d o [ft o C. 4? a a �+1 a O q a s<i a +? a a 'd a d q a O O O o oQ .-7 a d q ('•� N a d p O vi � fY e m V '-tr,W V 41 VF VI V1 Vr /A Vn V} V• Vi to . Vi N to in VI V) V] to V1 Vl in VI V� in VA V} V!• VT VI VT V/ O C to N ipoA N VI +n to V1 VI V! 4 ? M in M in VI V? to [©©A ipA V! 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W t i'' • O Q� z ^o �cx �K w d ,l r • a �•± �i V c m :3 OP. W W T r4 i W F AF 96 �qj Q qq qq No Text Texas General Land Office Community Development and Revitalization Division U��PLU Disaster Recovery — Local Certifications Each Applicant for Community Development Block Disaster Recovery ("CDBG-DR") funding must complete Federal Assistance Standard Form 424 (SF-424) and certify that local certifications included in this application guide were followed in the preparation of any CDBG- DR program application. Additionally, Applicants must certify that it will continue to follow local certifications in the event that funding is awarded and Applicant is reclassified as a Subrecipient. Each Applicant/Subrecipient must comply with the provisions of the National Environmental Policy Act ("NEPA"), the Council on Environmental Quality ("CEQ") regulations, the requirements set forth in Title 24 of the Code of Federal Regulations ("CFR") part 58, and applicable Texas General Land Office policy directives. Each Applicant/Subrecipient must comply with all applicable federal and state laws, including environmental, labor (Davis -Bacon Act), the procurement procedures and contract requirements found at 2 C.F.R. §200.318 — §200.326, and all civil rights requirements. Each Applicant/Subrecipient certifies, as outlined in 83 FR 5844 (February 9, 2018), the following: A. The Applicant/Subrecipient certifies that it has in effect and if following a residential anti- displacement and relocation assistance plan in connection with any activity assisted with funding under the CDBG program. B. The Applicant/Subrecipient certifies its compliance with restrictions on lobbying as required by 24 CFR part 87, together with disclosure forms, if required by part 87. C. Any entity or entities designated by the subrecipient, and any contractor, subrecipient, or designated public agency carrying out an activity with CDBG-DR funds, possess(es) the legal authority to carry out the program for which it is seeking funding, in accordance with applicable HUD regulations and this Notice. The subrecipient certifies that activities to be undertaken with funds under the Notice are consistent with the Action Plan. D. The Applicant/Subrecipient certifies that it will comply with the acquisition and relocation requirements of the URA, as amended, and implementing regulations at 49 CFR part 24, except where waivers or alternative requirements are provided for in the Notice. E. The Applicant/Subrecipient certifies that it will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. §1701u) and implementing regulations at 24 CFR part 135. Disaster Recovery — Local Certifications Page 1 of 4 F. The Applicant/Subrecipient certifies that it is following a detailed citizen participation plan that satisfies the requirements of 24 CIaR §91.115 or §91.105 (except as provided for by HUD in the Federal Register• notices providing waivers and alternative requirements for this grant). Also, each local government receiving assistance from a State grantee must follow a detailed citizen participation plan that satisfies the requirements of 24 CFR §570,486 (except as provided for in notices providing waivers and alternative requirements for this grant). G. The Applicant/Subrecipient certifies that it is complying with each of the following criteria: 1) Funds will be used solely for necessary expenses related to disaster relief, long- term recovery, restoration of infrastructure and Housing and economic revitalization in the most impacted and distressed areas for which the President declared a major disaster in 2018 or 2019 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. §5121 et seq.). 2) With respect to activities expected to be assisted with CDBG-DR finds, the Action Plan has been developed to give the maximum feasible priority to activities that will benefit low- and moderate -income families. 3) The aggregate use of CDBG-DR funds shall principally benefit low- and moderate- income families in a manner that ensures that at least 70 percent (or another percentage permitted by I-RJD in a waiver published in an applicable Federal Register notice) of the grant amount is expended for activities that benefit such persons. 4) The Applicant/Subrecipient will not attempt to recover any capital costs of public improvements assisted with CDBG-DR grant funds, by assessing any amount against properties owned and occupied by persons of low- and moderate -income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: Disaster recovery grant funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this title; or ii. For purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks enough CDBG funds (in any form) to comply with the requirements of clause (i). Disaster Recovery -- Local Certifications Page 2 of H. The Applicant/Subrecipient certifies that the grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d), the Fair Housing Act (42 U.S.C. §3601-§3619), and implementing regulations, and that it will affirmatively further fair housing. 1. The ApplicantlSubrecipient certifies that it has adopted and is enforcing the following policies, and, in addition, must certify that they will require local governments that receive grant funds to certify that they have adopted and are enforcing: 1) A policy prohibiting the use of excessive force bylaw enforcement agencies in its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and 2) A policy of enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location that is the subject of such nonviolent civil rights demonstrations within its jurisdiction. J. The ApplicantlSubrecipient certifies that it (and any administering entity) currently has or will develop and maintain the capacity to carry out disaster recovery activities in a timely manner and that the applicant/subrecipient has reviewed the requirements of this Notice. K. The Applicant/Subrecipient certifies that it will not use CDBG-DR funds for any activity in an area identified as flood prone for land use or hazard mitigation planning purposes by the state, local, or tribal government or delineated as a Special Flood Hazard Area (or 100-year floodplain) in FEMA's most current flood advisory maps, unless it also ensures that the action is designed or modified to minimize harm to or within the floodplain, in accordance with Executive Order 11988 and 24 CFR part 55. The relevant data source for this provision is the state, local, and tribal government land use regulations and hazard mitigation plans and the latest issued FEMA data or guidance, which includes advisory data (such as Advisory Base Flood Elevations) or preliminary and final Flood Insurance Rate Maps. L. The ApplicantlSubrecipient certifies that its activities concerning lead -based paint will comply with the requirements of 24 CFR part 35, subparts A, B, I, K, and R. M. The ApplicantlSubrecipietit certifies that it will comply with environmental requirements at 24 CFR part 58. N. The Applicant/Subrecipient certifies that it will comply with applicable laws. Disaster Recovery —Local Certifications Page 3 of 4 WARNING: ANY PERSON WHO KNOWLINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C. §287; 18 U.S.C. §1001, AND 31 U.S.C. § 3729. Except as otherwise provided under fedcral law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme or device or who snakes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document knowing the writing or document to contain materially false, fictitious, or fraudulent statement or entry shall be prosecuted under 'title 18, United States Code, § 1001. Printed Name of Authorized Signatory Signature of AuthoNzed Signatoi y Date Disaster Recovery —Local Certifications Page 4 of 4 RESOLUTION NO. 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 -- DISASTER RECOVERY (CDBG-DR) PROGRAM; AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT -DISASTER RECOVERY (CDBG-DR) PROGRAM. WHEREAS, Tropical Storm Imelda (DR-4332) severely impacted the City of Beaumont; and, WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; and, WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and, WHEREAS, The City of Beaumont aims to affirmatively further fair housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; and, WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant -- Disaster Recovery (CDBG-DR) Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, Section 1. That a Community Development Block Grant — Disaster Recovery (CDBG-DR) Fund application is hereby authorized to be filed by the City of Beaumont with the General Land Office for the recovery and mitigation efforts under 2019 Disasters Infrastructure Competition. Section 2. That the projects detailed within the application will address major drainage improvements in the Laura Addition Subdivision of City of Beaumont which were identified as at risk due to Tropical Storm Imelda, Section 3. That the CDBG-DR Application request amount be filed for $1,000,000,00 for construction, acquisition, and professional services. Section 4, That the application will require a cash match, based on CDBG-DR application request amount, in the amount of $398,365.00 for Construction activities committed by the City of Beaumont from the General Fund. Section 5. That the total project cost is $1,398,365.00 to include construction, acquisition, and professional service activities. Section 6. That the City Council directs and designates the Mayor and the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant — Disaster Recovery (CDBG-DR) Program. Section 7. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022, - Mayor Robin Mouton - ATTEST: City Clerk July 26, 2022 Consider authorizing the submission of an application to the Texas Parks & Wildlife Department for'the Non -Urban Outdoor Recreation Grant with a representative from staff to carry out the process of the grant on the City's behalf TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Miles Haynes, Management Assistant MEETING DATE: July 26, 2022 REQUESTED ACTION: Council consider authorizing the submission of an application to the Texas Parks & Wildlife Department for the Non -Urban Outdoor Recreation Grant with a representative from staff to carry out the process of the grant on the City's behalf. BACKGROUND The City of Beaumont desires to improve parks as they are directly connected to quality of life. Individuals and families use our parks every day to play and enjoy the outdoors. Our goal each year is to improve each of our City's thirty-six (36) parks and for this reason we are seeking grant funds to improve one of our parks. The "Imagination Station" at Central Park is in need of replacement. There have been recent updates and maintenance on the equipment, but weather conditions have required further repair. The Texas Parks and Wildlife grant may provide the City an opportunity through funding to replace the Imagination Station. The grant program award amount is up to $750,000 with a 50% match, The match flexibility allows us to use in house labor•, equipment, and materials as a match. FUNDING SOURCE Texas Parks & Wildlife Non -Urban Outdoor Grant (50%) and local match of 50%, RECOMMENDATION Approval of the resolution. No Text 5 Ph P-1 � T/ . A i w' i" RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to apply for grant funding for the Non -Urban Outdoor Recreational Grant through the Texas Parks & Wildlife Department, in an amount up to $750,000.00, for replacement of Imagination Station located at Central Park. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of July, 2022. - Mayor Robin Mouton -