HomeMy WebLinkAbout09/20/2022 MIN■r`
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, Ward III SEPTEMBER 20, 2022 Chris Durio, Mayor Pro Tem
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 20, 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 1-3
Mayor Pro Tem Durio called the council meeting to order at 1:30 p.m.
Pastor Carlton Sharp with Faith Christian Center Church gave the invocation. Mayor Pro Tem Durio
led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, and
Samuel. Absent: Mayor Mouton and Councilmember Neild. Also, present were Kenneth R.
Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
None
Mayor Pro Tem Durio read the announcement regarding Executive Session being held at the
conclusion of Public and Councilmember Comments.
Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3
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 September 13, 2022, City Council Meeting Minutes
Minutes —September 20, 2022
B. Authorize the City Manager to renew a contract with Motorola Solutions Inc.
Resolution 22-220
C. Approve a resolution changing authorized signatories for any institution the City
Council has already designated or may designate as a depository for the City of
Beaumont for banking - Resolution 22-221
D. Approve a resolution requesting a change in investment authority for the City of
Beaumont -- Resolution 22-222
E. Approve a resolution changing authorized representatives for Texas Range
Investment Program - Resolution 22-223
F. Approve a resolution changing authorized representatives for Texas Local
Government Investment Pool (TexPool), a public funds investment pool - Resolution
22-224
G. Authorize the City Manager to receive funding from the Department of Homeland
Security 2022 Port Security Grant Program - Resolution 22-226
Councilmember Samuel moved to approve the Consent Agenda. Councilmember Feldschau
seconded the motion.
AYES: MAYOR PRO TEM DUR[O, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND
SAMUEL
NAYS: NONE
MOTION PASSED
AGENDA
Consider an ordinance amending the FY 2022 Budget.
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed
amendments will ensure that expenditures are within the approved budget and that interfund
transfers are in accordance with financial policies as approved within the budget document.
The details of the proposed amendments are as follows:
Internal Service Funds are funded through transfers from other funds and/or userfees
from the departments that they support. The General Liability Fund does not charge
user fees but relies solely on transfers to fund its operations. A transfer of $1,200,000
($1.14 million from the General fund and $60,000 from the Solid Waste Fund) is being
proposed this fiscal year to strengthen the fund balance for FY 2023. Also, the
General Liability Fund is projected to exceed budgeted expenditures by $2,439,700
due to a settlement with the county. A budget amendment in the amount $2,550,000
Minutes — September 20, 2022
is being proposed to cover the overage and to appropriate an extra contingency for
any other unforeseen expenditures that may occur.
General Liability
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$4,000
$1,200,000
$1,204,000
Total Expenditures
$914,200
$2,550,000
$3,464,200
2. The Employee Benefits Fund has a proposed budget amendment in the amount of
$4,000,000 ($3.76 million from the General Fund, $200,000 from the Solid Waste
Fund, and $40,000 for the Hotel Occupancy Tax Fund) to offset increased expenses.
Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by
$1,860,000 due to high health claims. A budget amendment in the amount $2,000,000
is being proposed to cover the overage and to appropriate an extra contingency for
any other unforeseen expenditures that may occur.
Employee Benefits
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$23,034,600
$4,000,000
$27,034,600
Total Expenditures
$25,360,200
$2,000,000
$27,360,200
3. The Solid Waste Fund is projected to exceed budgeted expenditures by $900,000 due
to overtime, inflation, a $60,000 transfer to General Liability fund as mentioned in item
1 and a $200,000 transfer to the Employee Benefit fund as mentioned in item 2. A
budget amendment in the amount $1,100,000 is being proposed to cover the overage
and to appropriate an extra contingency for any other unforeseen expenditures that
may occur.
Solid Waste Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$12,970,500
$1,100,000
$14,070,500
4. The Municipal Airport Fund is projected to exceed budgeted expenditures by
$203,500 due to inflation and an unbudgeted purchase of a flight simulator. An
amendment in the amount of $250,000 is being proposed to cover the overage and to
appropriate an extra contingency for any other unforeseen expenditures that may
occur.
Municipal Airport
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$1,027,400
$250,000
$1,277,400
5. The Municipal Transit Fund is expected to exceed the budget by $343,100 due to
increased fleet and repair costs. An amendment in the amount of $500,000 is being
proposed to cover the overage and to appropriate an extra contingency for any other
unforeseen expenditures that may occur. Also, $3,000,000 is being transferred from
Knutes — September 20, 2022
the General Fund to support operational costs in FY23.
Municipal Transit
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$10,068,700
$3,000,000
$13,068,700
Total Expenditures
$11,322,500
$500,000
$11,822,500
6. A budget amendment in the amount of $900,000 is proposed cover the city's match
regarding tropical storm Laura. These funds will be transferred from the General
Fund.
Laura Recovery
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$3,827,797
$900,000
$4,727,797
7. Transfers in the amount of $16,760,000 are being proposed in the General Fund. A
$6.5 million transfer to the Capital Reserve Fund is being recommended to help fund
costs that are being proposed in the FY23 Budget, $1.14 million to the General
Liability Fund as mentioned in item 1, $3.76 million to the Employee Benefits Fund as
mentioned in item 2, $3 million to the Municipal Transit Fund to help cover operating
costs as mentioned in item 5, $900,000 to the Laura Recovery Fund to cover the city's
match regarding tropical storm Laura as mentioned in item 6, and $1.46 million to the
General Improvements Fund.
Capital Reserve
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$3,959,700
$6,500,000
$10,459,700
General Fund
Previously
Proposed Amendment
Final Amended
Amended
Budget
Budget
Total Expenditures
$139,912,500
$16,760,000
$156,672,500
8. The Debt Service Fund has a proposed budget amendment in the amount of
$4,100,000 due to a $3,765,000 transfer to the Streets Improvement Fund and related
bond sale costs.
Debt Service Fund
Original
Budget
Proposed Amendment
Amended Budget
Total Expenditures
$17,697,900
$4,100,000
$21,797,900
9. The Fleet Management Fund is projected to exceed budgeted expenditures by
$615,600 due to inflation. An amendment in the amount of $800,000 is being
proposed to cover the overage and to appropriate an extra contingency for any other
unforeseen expenditures that may occur.
Minutes —September 20, 2022
Fleet Management
Fund
Original
Budget
Proposed Amendment
Amended Budget
Total Expenditures
$9,677,700
$800,000
$10,477,700
10. The Hotel Occupancy Tax Fund is projected to exceed budgeted expenditures by
$40,000 due transfer to the Employee Benefits fund as mentioned in item 2. An
amendment in the amount of $50,000 is being proposed to cover the overage and to
appropriate an extra contingency for any other unforeseen expenditures that may
occur.
Hotel Occupancy
Tax Fund
Original
Budget
Proposed Amendment
Amended Budget
Total Expenditures
$4,209,300
$50,000
$4,259,300
11. The Covid-19 Fund is projected to exceed budgeted expenditures by $1.8 million due
to unforeseen covid costs. An amendment in the amount of $2 million is being
proposed to cover the overage and to appropriate an extra contingency for any other
unforeseen expenditures that may Occur.
COVID-19 Fund
Original
Budget
Proposed Amendment
Amended Budget
Total Expenditures
$2,000,000
$2,000,000
$4,000,000
Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE
FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2022 TO APPROPRIATE
ADDITIONAL REVENUES IN THE GENERAL LIABILITY, EMPLOYEE BENEFITS, MUNICIPAL TRANSIT, LAURA
RECOVERY, AND CAPITAL RESERVE FUNDS; TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE
GENERAL LIABILITY, EMPLOYEE BENEFITS, SOLID WASTE, MUNICIPAL AIRPORT, MUNICIPAL TRANSIT,
GENERAL DEBT SERVICE, FLEET MANAGEMENT, HOTEL OCCUPANCY TAX, AND COVID-19 FUNDS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau
seconded the motion.
AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND
SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 22-053
2. Consider authorizing the City Manager to execute Change Order No. 1 to the contract
with Allco, LLC for the Collier's Ferry Pump Station Project.
On April 12, 2022, by Resolution No. 22-108, City Council awarded a contract to Allco, LLC,
of Beaumont, in the amount of $25,088,259.00 for the Collier's Ferry Pump Station Project.
Minutes -- September 20, 2022
Proposed Change Order No. 1, in the amount of $152,935.00, is required to re-route an
existing electrical duct bank that conflicts with the tunneling shaft. Refer to the attached
drawing for the layout of the existing duct bank shown as a red line, the new duct bank
shown as a green line, and the tunnel shaft shown as a blue circle. No additional days will be
added to the contract for the additional work. If approved, Change Order No. 1 will result in a
new contract amount of $25,241,194.00
The contractor's initial plan was to begin excavation at the Lawson RWPS tunneling shaft
and work towards the intermediate shaft. During layout and excavation, a duct bank was
discovered to be crossing through the location of the tunneling shaft. Upon further
investigation it was discovered that the duct banks with electrical and control wires for the
Fine Screens were not installed per the record drawings for the 2001 Lawson RWPS Phase I
Improvements. The contractor has revised their schedule to begin work at the Collier's Ferry
Park Pump Station and work towards the intermediate shaft to give Allco and their electrical
subcontractor time to reroute the duct banks that are in conflict with the shaft excavation.
Funds will come from the Capital Program and FEMA.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE
IS HEREBY AUTHORIZED TO EXECUTE, CHANGE ORDER NO. 1, IN THE AMOUNT OF $152,935.00, FOR
ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $25,241,194.00 FOR
THE COLLIER'S FERRY PUMP STATION PROJECT. Councilmember Feldschau seconded the
motion.
AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND
SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 22-226
3. Consider approving the write-off of uncoliectible delinquent accounts.
This request is in accordance with the write-off policy approved by City Council on December
21, 1999. The policy gives Council the final authority to write-off an individual account
receivable identified as uncollectible when the balance due exceeds $1,000.00, Accounts
included are far transactions prior to July 2021 which have been sent to the collection agency
and collection efforts have been unsuccessful for more than one year. A summary by
receivable type is shown below.
Demolition - $900.00
The original charge date is August 2019.
EMS Ambulance Charges - $465,476.57
These charges from ambulance transports include uninsured claims or co -pay and
deductibles that the customer is responsible for. The original charge dates range
from 2018 to 2021.
Minutes — September 20, 2022
General Nuisance - $31800.00
The original charge dates range from 2018 to 2019.
Weed Abatement Charges - $26,089.69
The original charge dates range from 2017 to 2020.
Total to be written off - $5041966.26
If at any time an account becomes collectible after having been written off, the receivable
shall be adjusted accordingly. The balance of the account shall be reinstated, and payments
shall be applied to that balance.
Approval of resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE WRITE-OFF OF THE FOLLOWING UNCOLLECTIBLE DELINQUENT ACCOUNTS TOTALING
$504,966.26 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000, AND IF AT ANY TIME, AN
ACCOUNT BECOMES COLLECTIBLE AFTER HAVING BEEN WRITTEN OFF, THE RECEIVABLE SHALL BE
ADJUSTED ACCORDINGLY AND THE BALANCE OF THE ACCOUNT SHALL BE REINSTATED AND
PAYMENTS SHALL BE APPLIED TO THAT BALANCE. Councilmember Turner seconded the motion.
AYES: MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND
SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 22-227
PUBLIC HEARING
Receive comments on the 2021 Consolidated Annual Performance and Evaluation
Report (CAPER)
Public Hearing Open: 1:56 p.m.
None
Public Hearing Close: 1:56 p.m.
WORK SESSION - TABLED
Review and discuss 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
COMMENTS
Public Comments (Persons are limited to three minutes)
Minutes — September 20, 2022
William Johnson 1045 Madison Ave. Beaumont TX
Spoke to Council regarding his water bill, stated that he found out he was entitled to a senior
citizens discount, he received the discount for a month or so, one bill came in for a little over
$48.00, another for $60.00 and the last one came in at $77.00, wants to know where's all the
water going, Monday this week he received another bill that shows he owes a little over
$82.00 which is due on the IOth, stated he spoke with Water Customer Service and is trying
to understand how he could be receiving a bill for $82.00 when he just paid his last bill on the
Vh and is already receiving another bill, he's asking for help because he doesn't understand
how he's being billed
Robert Benoit Center St. 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, he was
locked up for nine (9) months, he lost nine months of his life incarcerated because
of the Beaumont Police Department, they also had one of his houses red tagged,
had his truck impounded and he couldn't get it back, he had three roommates
living with him, read a statement from one of his roommates, 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
Latosha Beaumont TX
Stated that she's a victim of judicial misconduct, there's a lot of strange and
unethical things that have happened with her case in the last week, she received
an email on the day of her hearing which was August 15, 2022, stating that her
hearing was cancelled or paused, she received another email stating that her
motion for another venue would be decided by another judge in the same
courthouse, she put in a motion to transfer venues on August 10, 2022, still hasn't
gotten a hearing date, made additional comments about the other judge that's
taking over her case as well as her attorney that she fired, that same attorney
unethically cashed her insurance claim check and didn't give her anything, he
stated that the $38,000.00 is what she owed him for fees and expenses, she
contacted her insurance company adjuster who referred her to someone else,
stated she will expose the entire city
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
MAYOR PRO TEM DURIO - HAD AN OPPORTUNITY TO PRESENT A PROCLAMATION FOR
NATIONAL VOTER REGISTRATION DAY, AT THE JEFFERSON
COUNTY COURTHOUSE, SPONSORED BY FORMER
COUNCILMEMBER BOBBIE PATTERSON, FOUNDER OF
OPERATION ONE VOTE, ALSO THERE WAS A CANDIDATE
FORUM ALONG WITH THE NEW VOTING MACHINES, STATED
THAT IF CITIZENS AREN'T FAMILIAR WITH THE NEW VOTING
Minutes — September 20, 2022
MACHINES, ENCOURAGED THEM TO GO TO THE JEFFERSON
COUNTY COURTHOUSE AND FAMILIARIZE THEMSELVES WITH
THE NEW MACHINES BEFORE EARLY VOTING AND ELECTION
DAY AND TO PLEASE GET OUT AND VOTE, WISHED
COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY AS WELL AS
CITY ATTORNEY, SHARAE REED WHICH 1S TOMORROW
COUNCILMEM13ER GETZ - CONGRATULATED THE ASTROS ON CLINCHING THE WESTERN
DIVISION ON LAST NIGHT
COUNCILMEMBER TURNER - HAD AN OPPORTUNITY TO READ PROCLAMATION ON BEHALF
OF COUNCIL THIS PAST SATURDAY FOR NATIONAL SICKLE
CELL AWARENESS MONTH, THE FAMILY OF A YOUNG LADY
NAME KENNEDY WHO PASSED AWAY DID THIS IN HER MEMORY,
WANTED EVERYONE TO KNOW THAT THE MONTH OF
SEPTEMBER IS SICKLE CELL AWARENESS MONTH, THANKED
KENNETH WILLIAMS, CITY MANAGER FOR ALL THAT HE'S
DONE SO FAR, HAS HEARD REALLY GOOD THINGS FROM STAFF
AS WELL AS CITIZENS
COUNCILMEM13ER FELDSCHAU - WISHED COUNCILMEMBER SAMUEL A HAPPY BIRTHDAY
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER NEILD - ABSENT
CITY ATTORNEY REED - NONE
CITY MANAGER WILLIAMS - COMMENTED ON THE CONVERSATION THAT WAS HELD EARLIER
BY COUNCIL REGARDING THE SAFETY OF THE SOLID WASTE
DRIVERS, HE WILL BE SPEAKING WITH DEPARTMENT HEADS, AS
FAR AS THE SOLID WASTE ROUTES, HE WILL BE LOOKING AT
SAFETY AUDITS, HE WILL SPEAK WITH BENGY WILLIAMS FIRST
TO GET SOME FEEDBACK, HIS PLAN IS TO RIDE ALONG WITH
SOME OF THE DRIVERS TO SEE WHAT THEY GO THROUGH AS
WELL AS RIDING ALONG WITH SOME POLICE OFFICERS
CITY CLERK BROUSSARD - NONE
CFO SIMONEAUX - NONE
MAYOR MOUTON - ABSENT
Open session of meeting recessed at 2:11 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Cade:
Jolen Watson vs. Dereck Jennische; Cause No. D -0209945
Minutes — September 20. 2022
C ni- y,-o,r Pro Tern
Tina Broussard, City Clerk
Minutes — September 2O.uO22