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HomeMy WebLinkAbout10/11/2022 MINBEAVP%A4NT T E >G A S MINUTES OF THE CITY OF BFEE ALUMONT COUNCIL MEETING Albert "A.J." Turner Jr_, At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward 1 CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Ward III OCTOBER 11, 2022 Chris nurio, 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 October 1 1, 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 1-6 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Jason Carr with The Apostolic 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 E)urio, 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 "Gift of Life Breast and Ovarian Cancer Awareness Month" - October 2022 - Proclamation read by Mayor Mouton; accepted by Norma Sampson, Executive F3irector for Gift of Life and other supporters and volunteers Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments_ Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-6 Ryan Smith 000 Main Beaumont TX Spoke regarding Item C on the Consent Agenda; one-year contract with the Texas Energy Museum Minutes - October 'I I . 2022 Shelby Brannan 6695 Knollwood Dr. Beaumont TX Spoke regarding Item F on the Consent Agenda; one-year contract with Beaumont Heritage Society/John Jay French Museum Seth Wells 6890 Glen Willow Dr. Beaumont TX Spoke regarding Items B through I on the Consent Agenda, commented on the Children's Museum not receiving any of the (HOT) Hotel Occupancy and Tax Funds as other entities have received from the FY 2023 budget Paula Bothe 2635 McFaddin Beaumont TX Spoke regarding Item I on the Consent Agenda; one-year contract with the Spindletop Gladys City Boomtown Museum Tom Bell 505 Orleans Suite 103 Beaumont TX Spoke regarding Item E on the Consent Agenda; one-year contract with BUILD, Inc., Beaumont Main Street Alto Watson 2615 Gladys Beaumont TX Spoke regarding Item #6 on the Agenda; to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River Brian Nepveaux 3415 Laurel Ave. Beaumont TX Spoke regarding Item #6 on the Agenda; to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River 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 27, 2022, City Council Meeting Minutes J. Approve the renewal of an annual maintenance agreement with CentralSquare Technologies of Lake Mary, Florida for use by all departments - Resolution 22-242 K. Approve the purchase of one pavement seam sealer for use in the Public Works Department - Resolution 22-243 L. Approve the renewal of an annual maintenance agreement with Tyler Technologies of Plano, Texas for software used by Municipal Court - Resolution 22-244 N. Approve the renewal of an annual maintenance agreement with Systemates, Inc. of Richardson, Texas for software used by Public Works - Resolution 22-246 O. Approve the purchase of one forklift and one hydraulic breaker for use in the Water Utilities Department - Resolution 22-247 Minutes — October 11. 2022 P. Authorize the City Manager to execute all related documents for the purchase of a 5' x 50' wide sidewalk easement for the Washington Blvd. Phase 2 Project - Resolution 22-248 Q. Approve a resolution granting authority to initiate and approve electronic funds (wires) or ACH transfers of any City funds on deposit at Allegiance Bank and to make decisions in Positive Pay - Resolution 22-249 R. Authorize the acceptance of a Temporary Aerial Easement located at 8630 Eastex Freeway - Resolution 22-250 S. Approve a resolution accepting maintenance of the water and sanitary sewer improvements in Highpoint, Phase II, Private Subdivision - Resolution 22-251 T. Authorize the City Manager or his designee to reenter into a contract with TransUnion Risk and Alternative Data Solutions, Inc. - Resolution 22-252 Councilmember Feldschau moved to approve the Consent Agenda excluding Items B through I as well as Item M. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED M. Approve a contract for the replacement of the standby generator at the Jefferson Theater - Resolution 22-245 Councilmember Samuel moved to approve Item M on the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED B. Authorize a one-year contract with the Art Museum of Southeast Texas - Resolution 22-234 C. Authorize a one-year contract with the Texas Energy Museum - Resolution 22-235 D. Authorize a one-year contract with the Greater Beaumont Chamber of Commerce - Resolution 22-236 E. Authorize a one-year contract with BUILD, Inc., Beaumont Main Street - Resolution 22-237 Minutes — October 11, 2022 F. Authorize a one-year contract with Beaumont Heritage Society/John Jay French Museum - Resolution 22-238 G. Authorize a one-year contract with the Southeast Texas Arts Council - Resolution 22-239 H. Authorize a one-year contract with the Downtown Beaumont Cultural Arts District - Resolution 22-240 Authorize a one-year contract with the Spindletop Gladys City Boomtown Museum - Resolution 22-241 Councilmember Getz moved to approve Items B through I on the Consent Agenda with the condition that the Children's Museum come back for approval at the next City Council meeting to approve an amount of $27,000.00 out of the General Fund. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider approving the purchase of one articulating dump truck for use in the Solid Waste Division. One Doggett 310P articulated dump truck will be purchased for use at the Landfill, in the amount of $466,741.00. This will replace Unit 5094, a 2006 Caterpillar 725 Rough Terrain 25T dump truck, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained from Doggett of Beaumont through the Sourcewell purchasing cooperative. Sourcewell is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Funds will come from the Solid Waste Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL APPROVES THE PURCHASE OF ONE (1 ) DOGGETT 31 OP ARTICULATED DUMP TRUCK FOR USE AT THE LANDFILL, IN THE AMOUNT OF $466,741.00, THIS WILL REPLACE UNIT 5094 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT OF $466,741.00. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — October 11, 2022 MOTION PASSED Resolution 22-253 2. Consider approving the purchase of miscellaneous equipment for use in various City Departments. Four Kubota Z726XKW-3-60 mowers in the total amount of $42,299.60. will be purchased for use in the Parks & Recreation Department. These will replace units 4110, 4112, 4115 and 4155, which have exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota ZD1211 L-3-72 mower in the amount of $16,939.35. will be purchased for use in the Parks & Recreation Department. This will replace unit 4066, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota RTV-X900WL-H heavy duty all -terrain vehicles in the amount of $17,213.25 will be purchased for the Parks & Recreation Department. This will replace unit 9671, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota RTV-X1140WL-H heavy duty all -terrain vehicles in the amount of $19,995.04 will be purchased for the Water Utilities Department. This will replace unit 9120, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. One Kubota KX057-5R3 compact excavator in the amount of $70,716.39 will be purchased for the Water Utilities Department. This will be an add -on unit to the existing fleet of equipment. One Kubota M5-111 HDC-1 Tractor in the amount of $61,802.60 will be purchased for the Water Utilities Department. This will replace unit 4378, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of $228,966.23, was obtained from Kubota Tractor Corporation, of Grapevine, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Funds will come from the Capital Reserve Fund in the amount of $76,452.20 and the Water Fund in the amount of $152,514.03. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF MISCELLANEOUS EQUIPMENT FOR USE IN VARIOUS CITY DEPARTMENTS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT TOTALING $228,966.23. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD Minutes — October 11, 2022 NAYS: NONE MOTION PASSED Resolution 22-254 3. Consider approving the purchase of one Case wheel loader for use in the Water Utilities Department. One Case 621 G ZBAR T4 wheel loader will be purchased for use in the Water Reclamation Division, in the amount of $182,245.68. This will replace Unit 5135, a 1999 John Deere 544H wheel loader, which has exceeded the expected service life, and will be disposed of in accordance with the City's surplus equipment policy. Pricing was obtained from Associated Supply Company of Beaumont through the H-GAC purchasing cooperative. H-GAC is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Funds will come from the Water Fund. Approval of the resolution. Councllmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1 ) CASE 621 G ZBAR T4 WHEEL LOADER FOR USE IN THE WATER UTILITIES DEPARTMENT IN THE AMOUNT OF $182,245.68 WHICH WILL REPLACE UNIT 5135 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT OF $182,245.68. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-255 4. Consider authorizing the City Manager to execute Change Order No. 5, to the contract with Pro -Pipe, Inc., for the Sewer Evaluation Work Order Contract -Phase IV (Rebid) Project. On December 14, 2021, by Resolution No. 21-336, City Council awarded a contract to Pro - Pipe, Inc., of Irvine, California, for the Sewer Evaluation Work Order Contract — Phase IV (Rebid) Project in the amount of $370,000.00. Previous Change Order Nos. 1 - 4, in the amount of $19,185.00. Proposed Change Order No. 5, in the amount of $30,072.25, is required to add seven (7) additional items to clean and televise storm sewer lines, and one (1) additional item to clean and televise a 26-inch sanitary sewer pipe that are included on Work Order No. 3. No additional days will be added to the contract for the additional work. If approved, Change Order No. 5 would result in a new contract amount of $419,257.25. Minutes — October 11. 2022 Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION APPROVING CHANGE ORDER#5, IN THE AMOUNT OF $30,072.25, IS REQUIRED TO ADD SEVEN (7) ADDITIONAL ITEMS TO CLEAN AND TELEVISE STORM SEWER LINES AND ONE (1) ADDITIONAL ITEM TO CLEAN AND TELEVISE A 26-INCH SANITARY SEWER PIPE THAT ARE INCLUDED ON WORK ORDER NO. 3; NO ADDITIONAL DAYS WILL BE ADDED TO THE CONTRACT FOR ADDITIONAL WORK, RESULTING IN A NEW CONTRACT AMOUNT OF $419,257.25 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5, IN THE AMOUNT OF $30,072.25, TO ADD (7) SEVEN ADDITIONAL ITEMS TO CLEAN AND TELEVISE STORM WATER LINES AND ONE (1 ) ADDITIONAL ITEM TO CLEAN AND TELEVISE A 26-INCH SANITARY SEWER PIPE IN A NEW CONTRACT AMOUNT OF $419,257.25. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 22-256 5. Consider authorizing the City Manager to execute Change Order No. 4, accept maintenance, and authorize final payment to Placo, Ltd., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project. On March 9, 2021, by Resolution 21-056, City Council awarded a contract to Placo, Ltd., of Lumberton, for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 2 Lift Stations Project in the amount of $671,493.01. Previous Change Order Nos. 1-3, in the amount of $118,478.99, are attached for your review. Proposed Change Order No. 4, in the amount of ($50,000.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. A total of seventy-eight (78) calendar days are required to be added to the contract time to reflect the actual contract time used. The calendar days were added to account for inclement weather days and additional time in processing Change Order Nos. 2- 3. If approved, the adjustment in quantities would result in a final contract amount of $739,972.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 4, maintenance, and final payment in the amount of $36,998.59 is recommended. Funds will come from the Harvey Fund. Approval of the resolution. Minutes — October 11, 2022 Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 4, IN THE AMOUNT OF ($50,000.00), IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION PROJECT, A TOTAL OF SEVENTY- EIGHT (78) CALENDAR DAYS ARE REQUIRED TO BE ADDED TO THE CONTRACT TIME TO REFLECT THE ACTUAL CONTRACT TIME USED, THE CALENDAR DAYS WERE ADDED TO ACCOUNT FOR INCLEMENT WEATHER DAYS AND ADDITIONAL TIME PROCESSING CHANGE ORDER NO's 2&3, THEREBY REDUCING THE TOTAL CONTRACT AMOUNT TO $739,972.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 4, IN THE AMOUNT OF ($50,000.00) TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT, THEREBY REDUCING THE CONTRACT AMOUNT TO $739,972.00 FOR THE LIFT STATION & WWTP REPAIRS, TROPICAL STORM HARVEY GROUP 2 LIFT STATION PROJECTS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, SAMUEL AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER FELDSCHAU MOTION PASSED Resolution 22-257 PUBLIC HEARING Receive comments regarding the City's Emergency Management Plan Public Hearing Open: 3:32 p.m. Addie Alle 9695 Gross Beaumont TX Stated to Council that she is hoping they will consider an audible sound in the management plan, stated that she did some research and there is no industry otherthan Lamar and Exxon Mobil that have audible sounds, asking that this be placed in the management and it should have some kind of sound, gave examples of damage due to high winds, stated the televisions and phones can go down, what are the citizens supposed to do, stated that she has information and is willing to volunteer her services, asked that some lives be saved in the management plan WORKSESSION — Battleship Texas (Due to a mix up with the Battleship Texas being a Worksession and not a Public Hearing, citizens were allowed to speak during the Public Hearing for the Emergency Management Plan) Battleship Texas Speakers Stephen Hoffman 7045 Blarney St. Spoke in favor of bringing Battleship Texas, to Beaumont John Goodyear 7020 Blarney St. Spoke in favor of bringing Battleship Texas, to Beaumont Beaumont TX Beaumont TX Minutes — October 11. 2022 Ben Akselsen 14731 Boondocks Rd. Beaumont TX Spoke in favor of bringing Battleship Texas, to Beaumont Wilton Johnson 6815 Tallow Spoke in favor of bringing Battleship Texas, to Beaumont Kathi Hughes 165 E. Caldwood Dr. Spoke in favor of bringing Battleship Texas, to Beaumont Virginia P. Sasser 3305 Redwood Dr. Spoke in favor of bringing Battleship Texas, to Beaumont Joe Sasser 3305 Redwood Dr Spoke in favor of bringing Battleship Texas, to Beaumont Beaumont TX Beaumont TX Beaumont TX Beaumont TX Christopher Matthews 3875 N. Major Dr. Beaumont TX Spoke in favor of bringing the Battleship Texas, to Beaumont as long as it doesn't stand on the back of taxpayers K C Matthews Jr. 5215 Berwick Dr. Spoke in favor of bringing Battleship Texas, to Beaumont Darin Lopez 7170 Shady Lane Spoke in favor of bringing Battleship Texas, to Beaumont Steve Kuritz 215 E. Florida Spoke in favor of bringing Battleship Texas, to Beaumont E. Jay Shephard 4710 Cleveland Spoke in favor of bringing Battleship Texas, to Beaumont Public Hearing Close: 3:34 p.m. Beaumont TX Beaumont TX Beaumont TX Beaumont TX WORK SESSION * Review and discuss the operation of Bird Scooters within the City of Beaumont Mr. Michael Ellis, Bird Rides Inc., Account Manager reviewed and discussed the operation of Bird Scooters within the City of Beaumont. Mr. Ellis provided an update on the Bird Scooter program that aims to reduce car usage, traffic and carbon emissions. There has been a total of 42,000 total bird rides with 11,000 unique riders since February when the scooters were launched. Mr. Ellis presented data that showed about 180,000 total miles ridden on Birds and about 25 metric tonnes of carbon dioxide emissions avoided. In a breakdown of rides Minutes — October 11, 2022 per month, there were 1,181 rides in February 2022, 6,998 in March, 5,962 in April, 8,634 in May, 7,912 in June, 5,515 in July, 2,872 in August, 2,416 in September and 401 so far in October. Mr. Ellis stated that since launching in February 2022, there has been a significant adoption of the program in a fairly short time frame but there have been a few issues. Although riders are required to be 18 years or older, the program has seen a large uptick of underage riding in June when schools were on summer break and an abnormal level of users using Cash App and prepaid debit cards. Two factors that could be related to this problem which may be difficult to police could be parents providing their credit card information to underage riders or underage riders downloading the app to create accounts with their own payment methods. To combat this problem Mr. Ellis stated that this program has banned Cash App and prepaid debit cards under a preauthorization amount of $20.00. After this banned occurred Bird has seen a large reduction of underage riding incidents in the city. Mr. Ellis stated that there has been only one incident reported which makes Beaumont one of the safer places to ride in Texas. Review and discuss Lanier & Associates Consulting Engineers, Inc. (Lanier) final report on the conceptual engineering associated with the proposed relocation of the Battleship Texas to the Neches River in Beaumont Mr. David Coward with Lanier and Associates reviewed and discussed the proposed relocation of the Battleship Texas to the Neches River. Mr. Coward commented on the scope of study where Lanier developed 2 to 3 options for mooring the battleship to Riverfront Park, the budgetary cost for each option, the meeting with the stakeholders of the waterway and their final report. The stakeholders that Mr. Coward met with were the Sabine Pilots, United Stated Coast Guard -Vessel Traffic Service, Port of Beaumont, BoMac Contractors, Kansas City Southern, Sabine Neches Navigation District, Allegiant Industrial and the United Stated Army Corps of Engineers. The following are the options as well as the estimated cost: Option No. 1 Estimated Cost No dredging required $6,595,000 No change to the current Riverfront Park Design Option No. 2 Estimated Cost Shift battleship out of the Federal Channel $21,650,000 Requires dredging Requires deep draft bulkhead Option No. 3 Estimated Cost Shift battleship our of Federal Channel and upstream $24,490,000 Requires modification to current Riverfront Park Design Requires dredging Requires deep draft bulkhead Mr. Coward also discussed the meeting with the stakeholders, he stated that in general, all stakeholders were supportive of bringing the Battleship Texas, to Riverfront Park, most stakeholders outlined concerns with the proper design criteria for the battleship mooring system for extreme events. Allegiant Industrial, potentially has future business opportunities that would have larger vessels transiting to the property upstream of Riverfront Park, they had some concerns regarding Option No. 1., United States Army Corps of Engineers (USACE) stated that Option No. 1 could not be permitted and either a Channel Minutes — October 11, 2022 Deauthorization or Channel Realignment Study would be required. There was additional discussion regarding the scope of study, such as the development channel realignment drawing, the initial dredging cost for the realignment, as well as scheduling another meeting with the Port of Beaumont and United States Army Corps of Engineers. There was an estimated cost given to realign the channel to provide clearance between the channel and the Battleship Texas being moored in Option No. 1. The estimated cost for the initial dredging is $7,000,000, the cost for future maintenance dredging was undefined. In summary Mr. Coward stated that the Port of Beaumontwas supportive of realignment, and the United States Army Corps of Engineers outlined the process for realignment or deauthorization. Both options require the local non-federal sponsor (SSND) to submit a Letter of Intent (LOI) to the United States Army Corps of Engineers, the letter of intent will trigger the United States Army Corps of Engineers to do a study. For deauthorization the study will be executed at the district level then submitted to USACE-HQ for approval and recommendation into a Water Resources Development. Act (WRDA) final approval by inclusion in WRDA Bill and signed into law by the President of the United States. For the realignment: a study executed at district level will need to be done to determine new dredging work and if additional life cycle maintenance dredging will be required, then determine the cost for new dredging and if maintenance would be the responsibility of the non-federal sponsor. Either of the processes would take 1 to 2 years. The United States Army Corps of Engineers would require a permit for new structures, the regulatory process would likely require a Section 408, with a typical timeframe for a regulatory permit of 12 to 18 months. 6. Consider authorizing the City Manager to pursue activities necessary towards developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River. At the August 24, 2021, Council meeting a discussion on the Battleship Texas was had with representatives from the Battleship Texas Foundation speaking on their project to relocate the Battleship Texas. On November 23, 2021, Council met in a vision workshop and one of the items discussed was Battleship Texas. On May 4, 2021, the city entered into an agreement with Lanier & Associates Consulting Engineers, In., (Lanier) to perform conceptual engineering services related to the proposed relocation of the Battleship Texas to the Neches River in Beaumont, Texas. On this date, Lanier presented the final report resulting from their agreement. Staff is asking Council for clarification as to whether to proceed with developing a formal proposal for berthing the Battleship Texas in Beaumont on the Neches River. COuncilmember Getz moved to APPROVE A RESOLUTION WHEREAS IT IS THE DESIRE OF THE CITY OF BEAUMONT TO MOOR THE USS TEXAS (BB-35) IN THE NECHES RIVER AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REQUEST THAT THE SABINE NECHES NAVIGATION DISTRICT TAKE IMMEDIATE STEPS TO INITIATE A LETTER OF INTENT TO THE U.S. ARMY CORP OF ENGINEERS TO DEAUTHORIZE THAT PORTION OF THE NECHES RIVER AND IS HEREBY AUTHORIZED TO TAKE ALL NECESSARY STEPS TO BRING THE USS TEXAS (BB-35) TO THE CITY OF BEAUMONT. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD Minutes — October 11, 2022 NAYS: COUNCILMEMBER SAMUEL AND MAYOR PRO TEM DURIO MOTION PASSED Resolution 22-258 COMMENTS Public Comments (Persons are limited to three minutes) JoAnn Harvey 4481-A Old Dowlen Rd. Beaumont TX Spoke to Council regarding the sound system that was previously mentioned, it's needed here in Beaumont, stated that she just moved back to Beaumont from Dallas, TX and they have horns that blow when the weather is bad and everyone knows what the horns mean, also anything that brings revenue to the city she's all for it, she also spoke regarding the city not having a Tenant Advocacy Program for renters, stated that when she lived in Dallas, she was a part of a Tenant Advocacy Program, wants to find out if there could be that type of program here in Beaumont and would like to know how she would go about creating this type of program here in Beaumont John Richardson 6066 Afton Ln. Beaumont TX Spoke regarding coyotes throughout the canals and in the city, one of his cats was mauled by a coyote on his front porch, wanted to know what the city can do to deter this from happening to other pets, he wanted to bring this to the Councils attention Robert Benoit 535 E. Simmons Beaumont TX Spoke regarding the Beaumont Police Department and the fact that they kicked in his door 35 times back in 2021, the Police Department willfully, knowingly and intentionally harassed him, discriminated against him physically, attacking him by pulling him out of his bed and throwing him on the floor, aggressively putting him in their patrol car, stated he's disabled, the Police Department violated the privacy of his home with an illegal search and seizure, racially targeted him and had him incarcerated for nine months for a crime he didn't commit, all of this was done without a legal search warrant from a judge, stated that his 4tn 8th and 14th constitutional rights were violated, made additional comments regarding the Police Department, asked if a person that has fought for this Country should be treated this way Latosha Q 9345 Westgate Dr. Beaumont TX Stated that on last week she learned there was another judge that has recused themselves from her case, this makes the third judge that has recused themselves, stated that her case gets more corrupt by the day, commented on several other issues relating to her case Tony Renfro 6110 Bankston Ln. Beaumont TX Spoke regarding the Battleship Texas as well as the demographic makeup of the city, now that the vote has been taken regarding the Battleship he has no objection to bringing the Battleship to Beaumont, as long as there will be no cost on the backs of the taxpayers, doesn't object to more businesses in downtown, stated that the city has more pressing Minutes - October 11, 2022 needs, asked that the Council refocus tax dollars to improve better drainage, streets and cleaner drinking water than wasting tax payers dollars on a Battleship at this time, let's not waste more tax dollars on another dead end investment Christopher Matthews 3875 N. Major Dr. Beaumont TX Commented on the Bird Scooters, asked what if there were more teenagers that do have a drivers license or a permit and have access to operate a motor vehicle, also commented on Emergency Management, stated that he took a tour of the facility and wanted to thank Shaqueena Nobles for the great job she did with the tour, she's very knowledgeable, spoke regarding the Battleship Texas, the city paid money to Lanier to do the study, thought it was a poor study in his opinion, there was some helpful information, wanted to know why couldn't Lanier use a drone to get a better visual concept, bringing the Battleship to Beaumont is too much trouble, commented on the coyotes that were mentioned earlier Fredrick Fusilier 4955 Ada St. Beaumont TX Commented on the Battleship Texas, last year when this was first brought up the cost estimate was at $10 million dollars and everyone stated that was too much, now the estimated cost is $6.5 million dollars and that's the cheapest it can be done, he is only seeing one Councilmember that's pushing this, doesn't know why the vote wasn't 6 to 1 against and save the City Manager some time, made comparison with other cities that have ships, stated that the Councilmember is selling a lot of stuff but hasn't produced any documentation to backup what he's saying, also commented on Lanier's study, everyone needs to stop wasting time because that's all that's being done, asked Council to stop wasting the city's time and money Addie Allen 9695 Gross Beaumont TX Stated that CFR 42, the Code of Federal Regulations is the Emergency Preparedness Code, one of the core elements that she spoke of earlier is a Communication Plan, stated that she heard in the presentation there is communication, the code says business and governmental entities are to be notified, asked what about citizens, the audible sound is what's needed and there are other cities that are doing it, she found four cities that have the audible sound, stated that Council is their voice and they need them Kenneth Earls 1265 Condon Beaumont TX Stated that he's a retired Fireman with the City of Arlington, agrees with the previous comments that there is a need for an alarm system, Council needs to hear the horns in other cities like Dallas, Ft. Worth, Arlington, etc., then they will understand the need when a hurricane or tornado hits, it's the first opportunity to get out of the way if something is happening, wanted to know if the Fire and Police have been sent to Florida to do a study of what they just went through, citizens need to have a better way to get out of this area, if everyone is going the same way citizens will get caught in one of those category 5 storms, suggested that Council have a committee made of people that are experts in dealing with this type of issue and will mitigate some of the problems that we have presently, something needs to be done to address these needs Minutes — October 11, 2022 * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - STATED THAT (STAN) SOUTHEAST TEXAS ALERT NETWORK IS A GOOD WAY OF COMMUNICATING WITH CITIZENS, UNFORTUNATELY A LOT OF CITIZENS DON'T SIGN UP, IT TAKES LESS THAN FIVE MINUTES TO SIGN UP, CITIZENS CAN SIGN UP ON THEIR CELL PHONES AND HOME PHONES, STAN DOES A GOOD JOB OF CONTACTING CITIZENS, ALSO THE EOC HAS A SYSTEM CALLED BLACK BOARD CONNECT WHERE THEY CALL THE CITIZENS AND WARN THEM IF SOMETHING IS GOING ON IN THEIR AREA, ALSO THERE WAS AN AUDIBLE ALARM ON THE CORNER OF IRONTON AND WILSON IN THE NORTH END FOR MANY YEARS, HE USED TO HEAR IT LOUD AND CLEAR, ISN'T SURE IF IT STILL THERE OR NOT, STATED THAT THE EOC, FIRE DEPARTMENT AND POLICE DEPARTMENT ARE VERY CAPABLE OF TAKING CARE OF EMPTYING THIS CITY WITHIN 24 HOURS OR LESS DURING A NATURAL DISASTER, THEY ARE VERY EXPERIENCED AND GOOD AT WHAT THEY DO COUNCILMEMBER GETZ - CONGRATULATED EMILY WHEELER AND HER STAFF ON THE INCREDIBLE JOB THEY DID FOR OKTOBERFEST, THERE WERE PROBABLY 9,000 CITIZENS IN ATTENDANCE, STATED THAT THERE WAS A SHOOTING THAT OCCURRED AT ROGERS PARK, ASKED IF THERE COULD BE A WORKSHOP TO TALK ABOUT PUTTING CAMERA'S IN THE PARKS THAT ARE AFFECTED BY CRIMINAL BEHAVIOR, WOULD LIKE TO SEE IF THE POLICE DEPARTMENT COULD PROVIDE COUNCIL WITH SOME STATS AS TO WHICH PARKS ARE HAVING ISSUES, EXPRESSED HIS APPRECIATION TO COUNCIL FOR TAKING THE NECESSARY STEPS OF BRINGING THE BATTLESHIP TEXAS TO BEAUMONT, FOR THOSE THAT DIDN'T, IT'S HIS HOPE THAT THEY WILL GET BEHIND IT AS THEY SEE FIT WHEN THE MOMENTUM GETS GOING COUNCILMEMBER TURNER - STATED AT THE MOST RECENT CONFERENCE HE ATTENDED, HE NOTICED THAT WHEN IT CAME TO CHARTER INITIATIVES OTHER CITIES HAD CHARTER COMMITTEES, STATED THAT THE LAST TIME THE CITY HAD CHARTER CHANGES ON THE BALLOT THEY WEREN'T ABLE TO DISCUSS OR EXPLAIN WHAT THE CHANGES WERE TO THE CITIZENS, COUNCIL NEEDS TO CONSIDER A CHARTER COMMITTEE THE NEXT TIME THEY DO CHARTER CHANGES, ALSO STATED THAT HE'S BEEN CONTACTED BY CITIZENS REGARDING ITEMS THAT ARE ON THE BALLOT FOR THE NOVEMBER 2022 ELECTION AND WANTED TO KNOW IF HE COULD EXPLAIN TO THEM WHAT'S ON THE BALLOT COUNCILMEMBER FELDSCHAU - NONE Minutes — October 11, 2022 COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - STATED THAT OKTOBERFEST AND DOGTOBERFEST WERE GREAT EVENTS CITY MANAGER WILLIAMS - STATED THAT IT'S GOOD TO HEAR FROM THE PUBLIC AND COUNCIL REGARDING EMERGENCY MANAGEMENT, THE CITY SHOULD FEEL FORTUNATE TO HAVE Tim OCNASCHEK AND SHAQUEENA NOBLES AT THE HELM, THANKED THEM FOR ALL OF THEIR HARD WORK, ENCOURAGED CITIZENS NOT TO WAIT UNTIL A COUNCIL MEETING TO SUBMIT THEIR ISSUES, ENCOURAGED THEM TO FEEL FREE TO REPORT THEM HERE AT CITY HALL OR THE EXECUTIVE OFFICE, ASKED THAT CITIZENS NOT SIT ON AN ISSUE BUT TO REPORT IT RIGHT AWAY SO THAT THE PROBLEM CAN BE TAKEN CARE OF AS SOON AS POSSIBLE MAYOR MOUTON - STATED THAT IT WAS A VERY EVENTFUL WEEKEND, SHE ATTENDED DOGTOBERFEST, TRIED TO ATTEND THE ALZHEIMER'S WALK BUT ALL THE STREETS WERE BLOCKED, ATTENDED OKTOBERFEST WHICH WAS GREAT, AS WELL AS VISITING THE CHAMBER'S HOUSE MUSEUM, ENCOURAGED EVERYONE TO GO BY AND TAKE A TOUR, GAVE CONDOLENCES TO THE FAMILY OF REVEREND VAN JORDAN, HE WAS THE DIRECTOR OF THE HARLEY HOG CLUB CHAPTER 4974 AND 5298, ANNOUNCED THAT ON WEDNESDAY, OCTOBER 12, 2022, THE BEAUMONT SYMPHONY OF SOUTHEAST TEXAS WILL BE CELEBRATING THEIR 75TH YEAR AT THE JULIE ROGERS THEATRE, ON LAST SUNDAY SHE ATTENDED THE 150 YEAR CELEBRATION OF FIRST BAPTIST CHURCH WHICH IS COUNCILMEMBER NEILD'S HOME CHURCH Open session of meeting recessed at 6:12 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Steven Vaulner The Claim of Scott Stakes Michael Davis Jr v. City of Beaumont ET AL: Cause No. A-0209843 Jeremy Brandon v. City of Beaumont: Cause No. D-206636 Minutes — October 11. 2022 94y�'tl'l - - Robi outon, May JU r Tina Broussard, City Clerk Minutes — October 11, 2022 THE STATE OF TEXAS § COUNTY OF JEFF))ERSON § I, 11(JI �"21 as a member of the I?'� (City Council, Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, haue.,a� substantial 'nterest in a business entity that would be peculiarly affected by a vote or decision of the1'5eCi tk ot\-V (City Councils Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. The business entity is: 'Fl aC D_, D ( Jr, bh -I-ht Ao lex)k ) (Name) � 39 LeQ.-tf z w ooJ br.Lumberh-A, I� (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the Ikday of I , 200?a• Signature Official Coimo I I m nr - +- Title BEFORE ME, the undersigned authority, on this day personally appeared /A and on oath stated that the facts hereinabove stated are true to the best of his/he owedge ®rbel`ief. SWORN to andsus me o his the 1 k day of Lr , 2 a- TINA GAIL BROUSSARD Notary Public, State of Texas Comm. Expires 01-12-2023 Notary Public in a d for the Sate of Texas Notary ID 114 55119 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, t1 I� elf 6 !�`as a member of the �X �1.LI V� 0 (Cit Counci , Commission, or Board) makalthis affidavit and hereby on oath state the following: I, and/or a person or persons related to me, hay9A substantial interest in a business entity that would be peculiarly affected by a vote or decision of theea tAMO V i' (CityCouncil, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code § 171.0- The business entity is: Lj -� (Il4 EjeC1 1't C_ OD. —I Ac-•(:�:+em � on 1►V t0nsQ�) (Name) � 27U0-5' fD s S-{- rn %. I, (Address) ("I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this the L2+kday of Title BEFORE ME, the undersigned authority, on this day personally appeared I , CA d S and on oath stated that the facts hereinabove stated are true to the best of his/her krilowledge or belief. SWORN to and subscribed before me o this the IR+ day of 20,29 .�`910AAA1 "vr"'I TINA GAIL BROUSSARD Commm. Expires 01-12-2023 , .`��a • • Vie', No Public, State Texas Notary Public in and for the Sate of Texas �'ilF Of •�•�: „r,,,Notary ID 11435119