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Home My WebLink About09/13/2022 MINT 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 11 Audwin Samuel, Ward [11 SEPTEMBER 13, 2022 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, 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 September 13, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING * Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-10 Mayor Mouton called the council meeting to order at 1:30 p.m. Mark Adams, Executive Pastor with First 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 Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Disability Voting Rights Week" -- September 12-16, 2022 — Proclamation read by Mayor Mouton; accepted by Seth Wells, Executive Director of the RISE Center for Independent Living, and others Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1 -10 Charlene Olsen 6155 RFD Rd. Beaumont TX Spoke regarding Item #3 on the agenda; the appraised roll and the property tax rate for the tax year 2022 (FY 2023) Karyn Husbands 700 North St. Beaumont TX Spoke regarding Item #1 on the agenda; adopting the FY 2023 Budget Minules — September 13, 2022 Carol Gary 545 .lay Dr. Beaumont TX Spoke regarding Item #10 on the agenda; ad hoc Downtown Planning and Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont Hollie Petersen 825 Norwood Dr. Beaumont TX Spoke regarding Item #2 on the agenda; the 1=Y 2023 Capital Program (dog park) Charlie Crabbe 928 East Dr, Beaumont TX Spoke regarding Items #4,5 & 6 on the agenda; Item #4, ratifying the budgeted property tax increase reflected in the FY 2023 Budget, Item #5, amending section 22.05.211 of the Code of Ordinances to increase garbage rates $1.50 more per month from $20.75 to $22.25, Item #6, amending section 22.02.001, water service rates and section 22.02.002, wastewater service rates of the code of ordinances to increase rates by (6%) effective October 1, 2022 Kevin Peyton 2213 Briarcliff Beaumont TX Spoke regarding Item #10 on the agenda; ad hoc Downtown Planning and Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont 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 August 30, 2022, City Council Meeting Minutes B. Approve a contract for grounds maintenance at Tyrrell Park -- Resolution 22-212 C. Authorize the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2023" - Resolution 22-213 D. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in LaBelle Park Subdivision Phase II - Resolution 22-214 E. Authorize the City Manager to execute Change Order No. 5, to the contract with King Solution Services, LLC - Resolution 22-215 Councilmember Neild moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES; MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — September 13, 2022 PUBLIC HEARING Receive comments on the 2022 (FY 2023) proposed tax rate Public Hearing Open: 1:53 p.m. Charlie Crabbe 928 East Dr. Beaumont TX Made comments regarding traffic light removals on Park St., Pearl, Main and Orleans St., commented on the construction on 110, would like to see roundabouts under the freeways etc. Addie Allen 9695 Gross Beaumont TX Made comments regarding the tax rate, stated that her concern is that the taxes for the city regarding the water, with the tax rates going up, wanted to know if senior citizens will be affected by that Public Hearing Close: 1:57 p.m. AGENDA Consider an ordinance adopting the FY 2023 Budget by a record vote. Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted in accordance with the Texas Local Government Code. Should the Council take no final action in accordance with the Texas Local Government Code, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." Also, SB 1760 provides that if the tax rate exceeds the no new revenue tax rate, the vote on the ordinance setting the tax rate must be a record vote and must be approved by at least 60 percent of the members of the governing body. If the tax rate vote fails, then the lower of the no new revenue tax rate or prior year tax rate will be the tax rate. Section 102.007 of the Government Code requires the vote to adopt a budget to be a record vote. In addition, the adopted budget will contain a cover page that includes the statement on whether the budget will raise more, less or the same amount of property taxes as the prior year, the record vote of each member of council by name, property tax rates for the preceding and current fiscal years, the no new revenue tax rate, the no new revenue maintenance and operations tax rate, the voter approval tax rate, and the debt rate, along with the amount of debt secured by property taxes. This information is required to be posted on the city's website and remain there for one year after adoption of the budget. The FY 2023 Budget was submitted to Council on August 9, 2022, and reviewed during a work session on August 16, 2022, and again on August 30, 2022. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH THE Minutes -- September 13, 2022 2. 3 CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NEILD RECORD VOTE: MAYOR MOUTON YES MAYOR PRO TEM DURIO YES COUNCILMEMBER GETZ YES COUNCILMEMBER TURNER YES COUNCILMEMBER FELDSCHAU YES COUNCIMEMBER SAMUEL YES COUNCILMEMBER NEILD NO MOTION PASSED Ordinance 22-047 Consider a resolution adopting the FY 2023 Capital Program. Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing in accordance with the Texas Local Government Code." The Capital Program was originally submitted to Council on May 10, 2022. Also, it was submitted to Council on August 9, 2022, with the Budget. Awork session was held on August 30, 2022. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE 2023 CAPITAL PROGRAM IS HEREBY ADOPTED, THE CAPITAL PROGRAM WAS ORIGINALLY SUBMITTED TO COUNCIL ON MAY 10, 2022, AND AUGUST 9, 2022, AND A PUBLIC HEARING WAS HELD ON AUGUST 30, 2022. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NEILD MOTION PASSED Resolution 22-216 Consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2022 (FY 2023). Minutes — September 13, 2022 The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 20, 2022, in the amount of $9,477,688,929. Based on this taxable value, a property tax rate of $0.695/$100 valuation for the tax year 2022 (FY 2023) is proposed, which is one cent less than the current tax rate. The tax rate would be apportioned $0.514571$100 assessed valuation to the General Fund and $0.18043/$100 assessed valuation to the Debt Service Fund. As required by Section 26.05 of the Tax Code: The tax rate consists of two components, each of which must be approved separately by a record vote and at least 60 percent of the governing body must vote in favor of the ordinance. That ordinance must include the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 8.96%AND WILL RAISE TAXES FOR MAINTENANCEAND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY $57." Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED APPRAISAL ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2022 (FY 2023); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD RECORD VOTE: PROPERTY TAX RATE MAYOR MOUTON YES COUNCILMEMBER GETZ YES COUNCILMEMBER FELDSCHAU YES COUNCILMEMBER NEILD NO MAYOR PRO TEM DURIO YES COUNCILMEMBER TURNER YES COUNCIMEMBER SAMUEL YES RECORD VOTE: APPORTIONMENT OF $0.51457/$100 ASSESSED VALUATION TO THE GENERAL FUND MAYOR MOUTON YES COUNCILMEMBER GETZ YES COUNCILMEMBER FELDSCHAU YES COUNCILMEMBER NEILD NO MAYOR PRO TEM DURIO YES COUNCILMEMBER TURNER YES COUNCIMEMBER SAMUEL YES RECORD VOTE: APPORTIONMENT OF $0.18043/$100 OF ASSESSED VALUATION TO THE, DEBT SERVICE FUND MAYOR MOUTON YES MAYOR PRO TEM DURIO YES COUNCILMEMBER GETZ YES COUNCILMEMBER TURNER YES COUNCILMEMBER FELDSCHAU YES COUNCIMEMBER SAMUEL YES Minutes — September 13, 2022 0 5 COUNCILMEMBER NEILD NO MOTION PASSED Ordinance 22-048 Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2023 Budget. Section 102.007 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." The current tax rate of $0,705 per $100 assessed will decrease by one cent for a new tax rate of $0.695 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $3,665,000.00 more than FY 2022. Of this amount, $733,543.00 is attributable to new property added to the tax roll this year. Approval of the ordinance. Councilmember Feldschau moved to ADOPTAN ORDINANCE ENTITLEDAN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2023 BUDGET. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD RECORD VOTE: RATIFY THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2023 BUDGET MAYOR MOUTON COUNCILMEMBER GETZ COUNCILMEMBER FELDSCHAU COUNCILMEMBER NEILD MOTION PASSED Ordinance 22-049 YES MAYOR PRO TEM DURIO YES YES COUNCILMEMBER TURNER YES YES COUNCIMEMBER SAMUEL YES NO Consider amending Section 22.05.211 of the Code of Ordinances to increase garbage rates $1.50 more per month ($20.75 to $22,25). On August 16, 2022, Council had a budget work session and discussed the garbage collection rates and the need to increase those rates to maintain the required minimum fund balance per the financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates increased operational costs due to inflation and employee increases as well as increased capital expenses in FY 2023. To comply with rigid TCEQ requirements, Minutes — September 13, 2022 the City must maintain sufficient, reliable, and operational heavy equipment needed to cover the landfill operations on a daily basis. The proposed rate increase of a $1.50 per month ($20.75 to $22.25) will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(13)(1)(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-050 6. Consider amending Section 22,02,001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase rates by six percent (6%) effective October 1, 2022. On August 30, 2022, Council had a work session to discuss the FY 2023 Budget. During the work session, staff discussed the need for a water and sewer rate increase to support the additional debt payments related to the borrowing of $25 Million in Bands; to maintain the required minimum fund balance; and due to concerns of a possible bond rating decrease. As operating costs within the fund continue to rise due to inflation and employee increases, it is necessary to increase the revenues of the fund as well. Staff recommended an 8% increase in the rates when the originally proposed budget was given to council on August 9, 2022, due to the concern of a possible bond rating decrease which could lead to higher interest expense costs associated with borrowing money through the issuance of a bond; however, council requested a lower rate increase and so a 6% increase was proposed in the amended proposed budget which was discussed in a budget work session on August 30, 2022. Based on rates inside the city limits for a 518" meter for a residential water and sewer customer, the minimum bill (up to 1,000 gallons) will increase by $1.41 per month from $23.57 per month to $24.98 per month. Alternatively, a customer using an average of 6,000 gallons per month would see an increase in their bill by $4.16 per month from $69.72 per month to $73.88 per month. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001 (A) AND (B) AND 22.02,002 (A) AND (B) OF THE CODE OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Samuel seconded the motion. Minutes — September 13, 2022 Councilmember Samuel withdrew his second to the previous motion. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001 (A) AND (B) AND 22.02.002 (A) AND (B) OF THE CODE OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES BY 6%; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: COUNCILMEMBERS GETZ, FELDSCHAU AND NE[LD NAYS: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL MOTION FAILED Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001 (A) AND (B) AND 22.02.002 (A) AND (B) OF THE CODE OR ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES FROM 6% TO 8%; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED Ordinance 22-051 7. Consider an ordinance denying Entergy Texas, Inc.'s application to implement Rate Schedule Utility -Owned Distributed Generation (UODG) filed with the City on August 31, 2021. Entergy Texas Inc. ("ETI") filed Entergy Texas, Inc.'s 2022 Statement of Intent to Implement Rate Schedule UODG (Related to Backup Electric Service); PUCT Docket No. 53992 with the Public Utilities Commission of Texas ("PUCT") and the city. The proposed Rate Schedule UODG is a voluntary rate schedule that will apply only to customers who choose to participate in ETI's Power Through service. The Power Through program provides and installs gas -fired generators that range in size from 100 kW to 10 MW to commercial and industrial customer premises. The generators will serve as backup generators to participating customers during system outages. During normal system operating times, ETI will be able to call on these distributed generation facilities to serve its own system load requirements as back-up to specific customers during system outages. The monthly fee will be site specific and only apply to customers participating in the Power Through service. Minutes — September 13, 2022 ETI has requested the city deny the request to allow this application to be reviewed along with ETI's proposed rate increase, which is already pending before the PUCT. A denial of the request will allow the application to proceed before the PUCT for a full review. Reasonable expenses associated with rate cases are reimbursable by the company as provided for in the Public Utility Regulatory Act. Approval of ordinance. Councllmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE BY THE CITY COUNCIL OF THE, CITY OF BEAUMONT, TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE, IN RATES REQUESTED IN ENTERGY TEXAS, INC.'S ("ETI" OR "COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON AUGUST 30, 2022, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBIC AND IN ACCORDANCE WITH TEXAS LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-052 8. Consider approving multiple contracts for the purchase of traffic marking materials. Bids were requested for annual contracts to supply signage, sign materials, hardware, specialty paints, traffic control materials and thermoplastic materials for use by various divisions within Public Works. Bids were requested from eighteen vendors and three bid responses were submitted. Specifications were divided into eight sections and required that each section be awarded to the lowest qualified bidder who bid the entire section and complied with the required specifications. The vendor and sections to be awarded are shown in the table below: SECTION VENDOR EST, TOTAL AMOUNT Vulcan Inc., dba Vulcan Aluminum; Vulcan 1- Sign Blanks Signs, Foley, AL $ 73,244.00 Vulcan Inc., dba Vulcan Aluminum; Vulcan 2- Sign Faces Signs, Foley, AL $ 5,434.50 Vulcan Inc., dba Vulcan Aluminum; Vulcan 3- Finished Signs, Foley, Al_ $ 56,825,20 Signs Vulcan Inc., dba Vulcan Aluminum; Vulcan 4- Sheet Signs, Foley, AL $ 60,389.05 Material Vulcan Inc., dba Vulcan Aluminum; Vulcan 5- Hardware Signs, Foley, AL $ 696,668.70 6- Marking Trantex Transportation, Houston, TX. $ 11,673.50 Materials Minutes — September 13, 2022 7- Paint Trantex Transportation, Houston, TX. $ 84,901.50 8- Traffic Control Equip R&B Supply, Groves, TX $ 40,200.45 TOTAL $ '1,029,336.90 The new pricing represents a 2% increase from last year. Funds will come from the General Fund and Capital Program. Approval of the resolution. Councilmember Nelld moved to APPROVE A RESOLUTION THAT THE BIDS SUBMITTED BY THE VENDORS FOR ANNUAL CONTRACTS FOR THE PURCHASE OF TRAFFIC MARKING MATERIALS FOR AN ESTIMATED TOTAL AMOUNT OF $1,029,336.90 BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH EACH OF THE VENDORS FOR THE PURPOSES DESCRIBED HEREIN. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-217 9. Consider approving the rules for the electronic receipt of bids or proposals. The city is currently receiving all bids or proposals in original hard copy form with an original signature. Texas Local Government Code 252.0415 allows municipalities to receive electronic bids or proposals with electronic signatures; provided that the governing body approves rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time. Upon approval of this resolution with attached rules, the City will be able to receive bids or proposals electronically in addition to hard copies. The rules for electronic receipt of bids or proposals are provided in the attached Exhibit A. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, APPROVING RULES FOR THE ELECTRONIC RECEIPT OF BIDS OR PROPOSALS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — September 13, 2022 MOTION PASSED Resolution 22-218 10, Consider authorizing the creation of an ad hoc Downtown Planning & Development Advisory Committee to advise and act as a steering committee for planning and development efforts in Downtown Beaumont. With the upcoming repair of Riverfront Park and a widespread desire to develop properties along Beaumont's riverfront, the City is now beginning the process of developing a new Downtown Plan in the coming months. In order to better inform and guide this process, it is recommended that an ad hoc Downtown Planning & Development Advisory Committee be established. The committee would be comprised of nine members. Each Councilmember would appoint one member and the mayor would appoint three members, one of whom would serve as Chairman. Staff liaisons would also be appointed to serve the Committee. Approval of Resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT AN AD HOC DOWNTOWN PLANNING AND DEVELOPMENT ADVISORY COMMITTEE BE ESTABLISHED FOR THE PURPOSE OF ADVISING AND ACTING AS A STEERING COMMITTEE FOR PLANNING AND DEVELOPMENT EFFORTS IN DOWNTOWN BEAUMONT AND THAT THE COMMITTEE SHALL BE COMPOSED OF NINE (9) MEMBERS, THREE (3) APPOINTED BY THE MAYOR AND ONE (1) APPOINTED BY EACH CITY COUNCILMEMBER, THE MAYOR SHALL NAME ONE OF THE MEMBERS AS CHAIRMAN, STAFF LIAISON SHALL ALSO BE APPOINTED TO SERVE THE COMMITTEE, MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION AND SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL. Councilmember Turner seconded the motion. After discussion by Council, Councilmember Samuel made a motioned to table this item, Councilmember Turner seconded. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE ITEM TABLED PUBLIC HEARING Receive comments on the proposed Reinvestment Zone Tax Abatement Policy for the City of Beaumont Public Hearing Open: 4:26 p.m. None Public Hearing Close: 4:26 p.m. 11. Consider a resolution adopting the Reinvestment Zone Tax Abatement Policy for the City of Beaumont. Minutes — September 13, 2022 The City of Beaumont utilizes a variety of economic development tools in order to encourage development of a certain type, scale or location within the city and within its exterritorial jurisdiction. Each project is evaluated on a case -by -case basis. One such tool is a Reinvestment Zone Tax Abatement Policy as allowed under Chapter 312 of the Texas Tax Code. In order to offer such abatements under Chapter 312, the City must periodically re- adopt its abatement policy. The Reinvestment Zone Tax Abatement Policy remains unchanged from the last adoption in 2020. However, changes to Chapter 312 by the State Legislature, now require that a public hearing be held for the adoption of the policy. Council conducts a public hearing and approve the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY ADOPTS THE CITY OF BEAUMONT'S REINVESTMENT ZONE TAX ABATEMENT POLICY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD MOTION PASSED Resolution 22-219 COMMENTS Public Comments (Persons are limited to three minutes) Charlie Crabbe 928 East Dr. Beaumont TX Commented on resurfacing of streets, stated that the streets need to be resurfaced on an as needed basis, need to look at the usage of the streets and overlay them with asphalt, it makes for a very nice street, also commented on the parks, would like to see the parks enhanced so that citizens can utilize them more, enjoyed the meeting Addie Allen 9695 Gross Beaumont TX Stated that the tax rate increased and the citizens have to shoulder the tax increase, she's alright with that, there should be some draw back when the $3 million dollar building was purchased, wonders if the bond ramifications were considered at the time of purchase, asked if the $3 million is given back will that go into the water fund, commented on the airport, stated that it looks like $4 million is going to a t-hanger and an 11,000 square foot facility for private planes, stated that's a lot of money for that project especially when the city is still dealing with brown water, asked if the stipend of a $1,000 for non -civilian employees was considered in the budget that was just approved, would like to see a raise for employees instead of a stipend, also commented on street repairs, it was said that money for street repairs will be distributed among the Wards, what about distribution on a historical data base, which would look at the older streets and start with them first and move forward whether it's fair or unfair, regarding the RFP for 555 Main St., asked if city officials know what they really want, an RFP can be done quickly so that the city can get the money back, commented on trash pickup, on last year she asked that the trash employees have MLK day off, stated they Minutes — September 13, 2022 still work on MLK day and wanted to know why, stated that she's a senior citizen and applied for the water discount last year and still hasn't received the discount, 8% is too much of an increase to the water bill Stephen Watson 1070 Brandywine Beaumont TX Stated that he would concede his time to the other speakers, stated to Council that God bless and counsel each of them Luther Holmes 930 Calder #210 Beaumont TX Thanked Council for their service, stated on September 8, 2022, he was pulled over at the corner of Gladys and MLK in the parking lot of O'Reilly parts store, was asked to show proof of license and insurance, he complied, was told that he didn't stop at the stop sign nor use a turn signal, instead of being given a citation he and his passenger was asked to step out of the vehicle and to put their hands upon the police vehicle, he was asked if his vehicle could be searched, he said no, according to the law police officers have to have probable cause to search his vehicle for evidence of a crime which they didn't have, six officers proceeded to call for dogs to sniff his vehicle and at the same times searched him and his passenger from head to toe without their permission, he and his passenger were humiliated and robbed of their dignity, the officers asked all sorts of derogatory questions, stated that he and his passenger feared for their lives, they were surrounded by six police officers who were all white which doesn't reflect the populous of this city, according to the U.S. Constitution taxation without representation is illegal, certainly without doubt in this city it exist, after the search there was no narcotics found, one of the officers made a sarcastic remark that "we found a brick", Mr. Holmes stated that he didn't think the remark was funny, he was given a citation and they let them go, wanted to know when will this stop, he has evidence that this has happened to him over and over again, when he went to get a police report there was none on file, this type of oppression needs to stop, not just to him but to all citizens of this great city Charles Paul 5615 Phelps Rd, Beaumont TX Spoke to Council regarding some property he purchased at Ott' St., and Harriet and 4t" St., and Fannett Rd., which is Councilmember Durio's Ward, want to try and revitalize that area, stated that he has spoken with Planning and Zoning regarding his idea, he's interested in a putting a sports museum on that property where he can show different athlete's from the city, he would also like to add food trucks, a workout room, a daquiri bar, snow cone area, a smoke shop, drive thru coffee shop, tutoring for finances, a hot spot for teenagers, art and photography studio, sound booth for DJ's and pod cast, etc., there could also be a police sub -station to help with crime, he was told that he would need to get sidewalks etc. Shery Jackson 862 Porter St. Beaumont TX Spoke to Council regarding the park in the Charlton Pollard neighborhood, stated they are tired of their neighborhood being neglected, the only thing that's in their neighborhood is a park where they have parties, balloons release and other events, stated that it's not fair that they have a run down park, their kids deserve a park that's safe, she went to Rogers Park and noticed they have two play grounds to their one which is rusted out, their children want to be safe and have events in the park, they don't have anything in their neighborhood, no resource center or community center, they don't even have a grocery store, stated they need Minutes — September 13, 2022 some representation, commented to Councilmember Samuel that they need to see him and need him to step up, thanked the Mayor for what she did regarding their park, she saw that there was a safety issue and she had the park shut down, also thanked Councilmember Turner for his help with the park issue Fred Grant 2445 Amarillo Beaumont TX Stated that he came home from work one day and was evicted from his home by the Beaumont city members, he has been crying for help for two years and never received it, he's a veteran, senior citizen and he's homeless, his house was red tagged and some of the things that was used to do that didn't make sense, stated that the neighbor complained about the property, about the repairs that were going on, they also complained that no one lived in the house, wanted to know what authority was given to the city to say that no one lived in the house, he lived in the house since 2004 but now code enforcement is telling him that he doesn't live there Christopher Jones 1045 Doucette Ave. Beaumont TX Welcomed the new City Manager to Beaumont and looks forward to working with him, stated that on behalf of the South End Charlton Pollard Greater Community Association he wanted to extended an invitation to not only the Mayor and Council but to the community, they are excited about reformulating and reconstituting their neighborhood association historically known as the Charlton Pollard Neighborhood Association, stated they are in the process of reclaiming their name which is the South End, they will be meeting on Tuesday, September 15, 2022 Michael Finnell Beaumont TX Stated that he's addressed Council throughout the year, Council isn't acknowledging his situation as a city problem but it is, when dealing with things that affect the community and people in the community, stated that he's dedicating his life to make sure that the judicial system in Beaumont is fair to everyone, right now he's dealing with judicial misconduct and corruption which is a crime, he's reached out to various industries and by years end he will have the information for the city and surrounding areas to view, entities within the city has left him no choice but to do what he's doing, commented on judges, corporations within other business and dark money John Guidry 2330 St. James Beaumont TX Stated that everything is going up, but there's nothing to cut back, Council is speaking about revitalization on certain things but not cutting back, commented on how much he receives monthly, asked that the city cut back on some of the programs that are going on so that people can live, stated if Council keeps going up on things, how's he supposed to live, wanted to know what kind of programs are out there so that they don't have to go up on the water bill Robert Benoit Beaumont TX Commented on the Beaumont Police Department, stated that between December 24, 2021 and February 3, 2022, the police kicked in his door thirty five (35) times with no search warrant and roughed him up, he's a disabled veteran and veteran with the state, he was Minutes — September 13, 2022 locked up for nine (9) months on a separate assault charge, the charges were eventually dropped, he lost nine months of his life incarcerated because of the Beaumont Police Department, they also had one of his houses retagged, had his truck impounded and he couldn't get it back, he had three roommates living with him and they harassed all of them, he doesn't deserve to be treated like this by the police department and somebody needs to do something, the police department is out of control Christopher Matthews 3875 N. Major Dr. Beaumont TX Welcomed the new City Manager to Beaumont, excited to see what he can bring to Beaumont, stated that the water bill issue is a tough one, he wouldn't mind paying 8% or higher if it means giving the seniors more of a discount, stated to the Councilmember of Ward II, he said he would bring his grand kids to Charlton Pollard Park to play and he's still waiting to see that Holli Petersen 825 Norwood Dr. Beaumont TX Stated that she wouldn't feel right sitting and listening to the comments about the Charlton Pollard Park and asking for a place of privilege for a dog park at Rogers Park, grateful that Council passed a resolution for a budget for improvements across the board, she does live in Ward II and a citizen at large, she uses all the parks in Beaumont, she sees problems and also sees wonderful things, thinks parks are a great amenity in the community, the parks attract people to our community and they are worth investing in, would like to lend her support for all the parks of Beaumont, would like every child in our community to feel like a citizen at large and to feel like they can go to any park in Beaumont and enjoy them LaTosha Beaumont TX Stated that she prefers not to give her last name or address due to safety issues, she's been dealing with some corrupt judges and attorneys who are trying to extort her for hundreds of thousands of dollars on a simple insurance claim, read quotes from a court transcript, stated there's a lot of layers to the scheme case that she's dealing with, there are several people that are dealing with this same issue with corrupt judges, made comments regarding her funds that are being held Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER FELDSCHAU - WELCOMED THE NEW CITY MANAGER, KENNETH WILLIAMS, WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY MAYOR PRO TEM DURIO - WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, CONGRATULATED THE MAYOR ON HER STATE OF THE CITY ADDRESS, SHE DID AN OUTSTANDING JOB AND GOT A LOT OF GREAT INFORMATION OUT TO THE CITIZENS, COMMENTED ON Minutes — September 13, 2022 HIS ATTENDANCE AT THE 911 LUNCHEON AT THE ROCKIN-A CAFE, ALSO MADE COMMENTS REGARDING THE BUDGET COUNCILMEMBER GETZ - WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, STATED THAT HE WAS AT WESTBROOK HIGH SCHOOL EARLIER IN THE DAY, HIS REASON FOR BEING THERE WAS BECAUSE THERE HAS BEEN A SERIES OF FIGHTS, THERE WAS ONE IN PARTICULAR THAT WAS BRUTAL ON LAST WEEK, HE MET THE SUPERINTENDENT DR. ALLEN, A SCHOOL BOARD TRUSTEES AS WELL AS THE PRINCIPAL, THEY WALKED AROUND THE CAMPUS, STATED THAT THE SCHOOL HAS IMPLEMENTED A PLAN TO MONITOR THE BATHROOMS, IT'S HIS HOPE THAT THEY FOLLOW THROUGH WITH THAT PLAN, RIGHT NOW THEY ARE USING COACHES TO MONITOR THE BATHROOMS, THINKS THEY NEED TO GO FURTHER THAN THAT, THINKS THEY NEED TO EMPLOYEE MORE PUBLIC SAFETY OFFICERS, SOMEONE NEEDS TO BE AT THE DOOR OF THE BATHROOM TO MAKE SURE THAT THINGS AREN'T GOING ON IN THE BATHROOM, THE SCHOOL BOARD IS HAVING A MEETING THIS WEEK AND HE PLANS TO ATTEND TO DISCUSS THIS ISSUE COUNCILMEMBER TURNER - COMMENTED ON THE BROWN WATER ISSUE IN .JACKSON, MISSISSIPPI, THEIR MAYOR WAS BEING INTERVIEWED ON ABC NEWS, HE MENTIONED THAT OUR MAYOR WAS THE FIRST MAYOR TO REACH OUT TO HIM AND SENT AN EIGHTEEN WHEELER FULL OF WATER, WANTED TO THANK THE MAYOR PUBLICLY, HE LIKED THE FACT THAT THE CITY OF BEAUMONT WAS SEEN IN A POSITIVE LIGHT, ANNOUNCED THAT THE CITY OF BEAUMONT NOW HAS TESLA CHARGING STATIONS ACROSS FROM PAPPADEAUX'S ON WALDON RD., THANKED STAFF FOR COMING UP WITH A POSSIBLE SOLUTION FOR THE BIDDING PROCESS AND BEING PROACTIVE, TO THE CHARLTON POLLARD NEIGHBORHOOD THEY HAVE HEARD THEM AND THANKED THEM FOR SPEAKING, ANNOUNCED THE NAACP GOLF TOURNAMENT THAT WILL BE HELD ON OCTOBER 1, 2022, THANKED THE CITIZENS FOR ATTENDING THE MEETING CITY ATTORNEY REED - NONE CITY CLERK BROUSSARD- WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY CITY MANAGER WILLIAMS - CONGRATULATED THE COUNCIL FOR APPROVING THE BUDGET, STATED THIS IS ONE OF THE MOST IMPORTANT THINGS THAT COUNCIL DOES IN A YEAR, THANKED THE CFO, TODD SIMONEAUX AND HIS STAFF FOR ALL OF THEIR HARD WORK, INFORMED COUNCIL OF SOME ITEMS THAT WILL BE COMING TO THEM SOON, THERE WILL BE AN RFQ FOR A STRATEGIC PLAN FOR THE CITY, A RFQ FOR A SALARY SURVEY AND SOME STAFFING AND ORGANIZATIONAL ITEMS, WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY Minutes — September 13, 2022 MAYOR MOUTON - CONGRATULATED THE CITY MANAGER ON COMPLETING HIS With thQr6 being no Exe Roby Mouton, Mayor Tina Broussard, City Clerk FIRST COUNCIL MEETING, COMMENTED ON 9111, SHE WILL NEVER FORGET THAT DAY, WISHED COUNCILMEMBER TURNER A HAPPY BIRTHDAY, ANYTIME THAT SHE CAN SHOW BEAUMONT IN A POSITIVE LIGHT SHE ALWAYS WILL, SHE'S A REPRESENTATIVE OF THE PEOPLE OF THIS CITY, THANKED COUNCILMEMBER TURNER FOR RECOGNIZING WHAT BEAUMONT DID TO HELP THOSE IN JACKSON MISSISSIPPI, WANTED THE CITIZENS OF THE CHARLTON POLLARD NEIGHBORHOOD AND THE CITIZENS OF BEAUMONT TO KNOW THAT SHE WILL ALWAYS PUT THE SAFETY OF THE CHILDREN FIRST AND EVERY CITIZEN 1N THIS CITY FIRST, SORRY 1T WAS A LACK OF ATTENTION AND IT HAS BEEN ADDRESSED AND WON'T HAPPEN AGAIN, STATED THAT SHE HAD THE PLEASURE OF MEETING A 95 YEAR OLD CITIZEN NAMED MARY ARREDONDO, IT WAS AN HONOR TO SPEAK WITH HER, ANNOUNCED THAT ON SATURDAY, SEPTEMBER 17, 2022, AT 4390 FANNETT RD., FROM 9:00 A.M. TO 1:00 P.M., THERE WILL BE A NACA HOME OWNER WORKSHOP, THIS WILL BE A ONE STOP EVENT, ANYONE INTERESTED CAN SIGNUP ON LINE AT NACA.COM, THANKED EVERYONE FOR COMING, GO OUT AND SPREAD THE LOVE Session, Council adjourned at 5:14 p.m. 1 Minutes — September 13, 2022