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Home My WebLink About09/12/2023 MIN111111111141 ki T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tom ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 12, 2023 Chris Durio, Ward IV 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 12, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: * Invocation Pledge of Allegiance Roll Cali Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-10 (or any other topic) Mayor West called the council meeting to order at 1:30 p.m. Pastor Carl Vickery with Calvary Tabernacle Ministries gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Ten Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "Lamar University Centennial Celebration 1923-2023" — September 17, 2023 — Proclamation read by Councilmember Samuel; accepted by Dr. Jaime Tayler, Lamar University President "National Suicide Prevention Month" — September 2023 -- Proclamation read by Tina Broussard, City Clerk; accepted by Ms. Julie O'Malley, Director of Mental Health Association of SETX "National Recovery Month" — September 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Ms. Emily Ross, on behalf of Connected Path Recovery "Celebrating the 117th Anniversary of the Pride of Beaumont #291" — Proclamation read by Councilmember Durio; accepted by current Master Mr. Clay and past Master Mr. Stacey Lewis Jr. Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-10 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) Minutes - September 12, 2023 Rhonda Girard 3980 N. Major Dr. Beaumont TX Charles Moore 1995 McFaddin Beaumont TX Charline Sam 2370 Monroe Beaumont TX Charlie Crabb 928 East Dr. Beaumont TX Addie Allen 9695 Gross Beaumont TX Jessica Choi 5610 Winfred St. Beaumont TX Amy Gorrell 9010 Manion Beaumont TX John Fears 458 N. 8tn Beaumont TX 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. Council to consider approving the August 29, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving the purchase of one fire truck — Resolution 23- 243 C. Council to consider a resolution authorizing the City Manager to renew a contract with Motorola Solutions Inc — Resolution 23-244 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NE1LD NAYS: NONE MOTION PASSED PUBLIC HEARING ,vk Council to hold a Public Hearing on the 2023 (FY 2024) Proposed Tax Rate Public Hearing Open: 2:27 p,m. None Public Hearing Close: 2:27 p.m. Minutes - Septernber 12, 2023 REGULAR AGENDA Council to consider an ordinance adopting the FY 2024 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, SIB 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 2024 Budget was submitted to Council on August 15, 2023. Approval of the Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING THE FY 2024 BUDGET BY A RECORD VOTE. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: ADOPTION OF THE FY 2024 BUDGET MAYOR WEST -- YES COUNCILMEMBER FELDSCHAU -YES MAYOR PRO TEM TURNER - YES COUNCILMEMBER SAMUEL -YES COUNCILMEMBER DURIO —YES COUNCILMEMBER NEILD - YES COUNCILMEMBER GETZ -YES MOTION PASSED ORDINANCE 23-064 Minutes - September 12, 2023 2. Council to consider a resolution adopting the 2024 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 Cade." The Capital Program was originally submitted to the Council on May 15, 2023. Also, it was submitted to the Council on August 15, 2023, with the Budget. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT BE AND THEY ARE HEREBY AUTHORIZED TO ADOPT THE 2024 CAPITAL PROGRAM. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-245 3. Council to consider an ordinance accepting the appraised roll and approving the property tax rate for the tax year 2023 (FY 2024). The Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 20, 2023, in the amount of $10,517,782,408. Based on this taxable value, a property tax rate of $0.681485/$100 valuation for the tax year 2023 (FY 2024) is proposed, which is 1.35 cents less than the current tax rate. The tax rate would be apportioned $0.491480/$100 assessed valuation to the General Fund and $0.190005/$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 14.65% AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $20." Approval of the ordinance. Councilmember Getz 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 2023 (FY 2024); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. Minutes - September 12, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: PROPERTY TAX RATE OF $0.681485/$100 VALUATION MAYOR WEST — YES MAYOR PRO TEM TURNER -- YES COUNCILMEMBER DURIO — YES COUNCILMEMBER GETZ -- YES COUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER SAMUEL — YES COUNCILMEMBER NEILD —YES RECORD VOTE: $0.491480/$100 ASSESSED VALUATION TO THE GENERAL FUND MAYOR WEST -- YES MAYOR PRO TEm TURNER — YES COUNCILMEMBER DURIO — YES COUNCILMEMBER GETZ -- YES COUNCILMEMBER FELDSCHAU -YES COUNCILMEMBER SAMUEL—YES COUNCILMEM13ER NEILD —YES RECORD VOTE: $0.190005I$100 ASSESSED VALUATION TO THE DEBT SERVICE FUND MAYOR WEST — YES MAYOR PRO TEM TURNER —YES COUNCILMEM13ER DURIO — YES COUNCILMEMBER GETZ — YES MOTION PASSED ORDINANCE 23-065 COUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER SAMUEL —YES COUNCILMEM13ER NEILD—YES 4. Council to consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2024 Budget. Section 102.007 of the Local Government Cade 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 $0.695 per $100 assessed will decrease by 1.35 cents for a new tax rate of $0.681485 per $100 of assessed valuation. The budgeted revenue from property taxes is expected to be $5,645,000 more than FY 2023. Of this amount, $977,792 is attributable to new property added to the tax roll this year. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2024 BUDGET. Councilmember Samuel seconded the motion. Minutes - September 12, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE RECORD VOTE: NEW PROPERTY TAX RATE OF $0.6814851$100 OF ASSESSED VALUATION MAYOR WEST — YES MAYOR PRO TEM TURNER — YES COUNCILMEMBER DURIO -- YES COUNCILMEMBER GETZ —YES MOTION PASSED ORDINANCE 23-066 COUNCILMEMBER FELDSCHAU - YES COUNCILMEMBER SAMUEL -- YES COUNCILMEMBER NEILD -- YES 5. Council to consider an ordinance amending Section 22.05.211 of the Code of Ordinances to increase garbage rates by $1.00 per month effective October 1, 2023. On August 8, 2023, 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 ending the fiscal year 2023 under the required minimum fund balance due to increased operational costs due to inflation, increased maintenance costs on heavy equipment and increased capital expenses. The proposed rate increase of $1 per month ($22.25 to $23.25) will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Approval of the ordinance. Mayor Pro Tern Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.211(B)(1)(A) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE GARBAGE AND TRASH RATES; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-067 6. Council to consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to increase water rates by four percent (4%) and sewer rates by ten percent (10%) effective October 1, 2023. On August 8, 2023, the Council had a work session to discuss the FY 2024 Budget. During the work session, HDR and staff discussed the need for a water and sewer rate increase to support the five? year Community Investment Plan and to increase the required minimum Minutes - September 12, 2023 fund balance from 15% of annual expenses to 25% of annual expenses over the next few years. The increased minimum required fund balance is necessary in order to meet the concerns of rating agencies when the City goes to the market to issue water and sewer revenue bonds. 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. A customer using an average of 5,000 gallons per month would see an increase in their bill by $4.80 per month from $70.06 per month to $74.86 per month. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, WATER SERVICE RATES AND SECTION 22.02.002, WASTEWATER SERVICE RATES OF THE CODE OF ORDINANCES TO INCREASE WATER RATES. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER NEILD MOTION PASSED ORDINANCE 23-068 7. Council to consider an ordinance amending Section 22.05.214 of the Code of Ordinances to increase landfill disposal fees by $1 per cubic yard effective October 1, 2023. On August 8, 2023, Council had a budget work session and discussed the landfill disposal fees and the need to increase those fees to maintain the required minimum fund balance per the financial policies approved by Council within the Budget each year. The Solid Waste Fund anticipates ending the fiscal year 2023 under the required minimum fund balance due to increased operational costs due to inflation, increased maintenance costs on heavy equipment and increased capital expenses. The proposed fee increases of $1 per cubic yard would bring the compacted refuse fee to $7.10/cy and the noncompacted refuse fee to $6.311cy which will ensure that the minimum fund balance requirement of fifteen percent (15%) is maintained per financial policies. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 22, SECTIONS 22.05.214 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO INCREASE LANDFILL DISPOSAL FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes - September 12, 2023 ORDINANCE 23-069 8. Council to consider a resolution authorizing the City Manager to execute Change Order No. 5, accept maintenance, and authorize final payment to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project. On June 14, 2022, by Resolution No. 22-151, the City Council awarded a contract to To-Mex Construction, LLC, of Houston, in the amount of $589,861.80. Previous Change Order Nos. 1-4, in the amount of $33,865.00 are attached for your review. Proposed Change Order No. 5, in the amount of ($60,091.40) is requested to adjust the estimated quantities in the contract to reflect the actual quantities used and the addition of 37 calendar days to reflect the actual time used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $563,635.40. 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. 5, maintenance, and final payment in the amount of $28,181.77 is recommended. Funds will come from the American Resue Fund. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 5, IN THE AMOUNT OF ($60,091.40), THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $563,635.40 FOR THE STREET REHAB SEWER LINE PIPE BURSTING PROJECT AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $28,181.77 TO TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember curio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-246 9. Council to consider a resolution authorizing the City Manager to award a contract to King Solution Services, LLC, of Houston, for the Street Rehab Phase V Sewer Line Replacement Project. The Street Rehab Phase V Sewer Line Replacement Project will rehabilitate existing sanitary sewer lines via pipe bursting methods and replace or install new manholes along streets that are planned to be rehabilitated at a later date. On August 24, 2023, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $2,290,561.60. The bid totals are indicated in the table below: Minutes - September 12, 2023 Contractor Location Total Bid Amount King Solution Services, LLC Houston, TX $2,210,675.00 Lopez Utilities Contractor, LLC Houston, TX $2,303,675.00 To-Mex Construction, LLC Houston, TX $2,547,746.20 Vortex Services, LLC Houston, TX $2,942,937.50 Based on a review of the bids and required documents received, the Water Utilities staff recommend awarding the project to the lowest bidder, King Solution Services, LLC, in the amount of $2,210,675.00. A total of 270 calendar days are allocated for substantial completion of.the project. Funds will come from the American Rescue Fund. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH KING SOLUTIONS SERVICES, LLC, OF HOUSTON, TEXAS IN THE AMOUNT OF $2,210,675.00. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-247 10. Council to consider the adoption of the disaster declaration issued by the Mayor on September 8, 2023. The Governor of the State of Texas issued a disaster proclamation on July 8, 2023, certifying that exceptional drought conditions posed a threat of imminent disaster in several counties, including Jefferson County. On August 14, 2023, the City initiated Stage 2 drought restrictions pursuant to Article 22.06 Drought Contingency Plan of the City Code of Ordinances. After several weeks Of continued lack of rain and excessive heat the City of Beaumont has had to increase drought restrictions to Stage 3. The city has experienced several major and minor water leaks, and the demand for water has increased. Approval of the Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE DECLARING AN EMERGENCY UNTIL THE STATE OF DISASTER IS TERMINATED; PROVIDING NOTICE; PROVIDING A PENALTY; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes - September 12, 2023 MOTION PASSED ORDINANCE 23-070 WORK SESSION Council to conduct a Work Session to review and discuss adopting amendments to gaming site regulations and licensing. Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. COMMENTS Public Comments (Persons are limited to three minutes) (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) None Councilmembers/City Manager/City Attorney comments on various matters (Comments can be heard or seen on the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEM13ER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED - CITY MANAGER WILLIAMS - CITY CLERK BROUSSARD- MAYOR WEST - EXECUTIVE SESSION Consider matters related to the contemplated or pending litigation in accordance with Section 551.087 of the Government Code to wit; specifically: Projects Linde, Gemstone and Zero Minutes - September 12, 2023 Minutes - September U, 2023