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Home My WebLink About09/19/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tern ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III SEPTEMBER 19, 2023 Chris Durlo, 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 19, 2023, 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/Regular Agenda items 1-6 Mayor West called the council meeting to order at 1:30 p.m. Reverend Terrell Wilson with Cathedral of Faith Baptist Church 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 Tern Turner, Councilmernbers 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 "SETX Veteran Stand Down Day" - September 2023 - Proclamation read by Councilmember Durio; accepted by Mr. Seth Wells "National Ovarian and Breast Cancer Awareness Month" - October 2023 — Proclamation read by Tina Broussard, City Clerk; accepted by Norma Sampson and others "National Clean Energy Week" - September 22-29, 2023 - Proclamation read by Tina Broussard, City Clerk Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-6 (or any other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov David Kent 3400 Veterans Circle Beaumont TX Martha Chisom 1130 Condon St. Beaumont TX Minutes — September 19, 2023 John Fears 458 N. 8th St. Beaumont TX Joshua Moore 1225 Glendale Beaumont TX Antonia Jones 3400 Veterans Circle Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX David Pete 6355 Chinn Ln. Beaumont TX Alfred Dean 9690 Meadowbrook Dr. Beaumont TX Juanita Louise 3400 Veterans Circle Beaumont TX Roy Malveaux 2346 Broadway St. Beaumont TX Jason Capps No Address 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 September 12, 2023, City Council Meeting Minutes. B. Council to consider a resolution approving an agreement with Triangle Stagecraft, Inc., for skilled temporary workers utilized in the Event Services Department -- Resolution 23-248 C. Council consider resolution authorizing an Industrial Development Agreement with Golden Triangle Storage LLC -- Phase I - Resolution 23-249 D. Council to consider a resolution authorizing an Industrial Development Agreement with Golden Triangle Storage LLC — Phase 11 - Resolution 23-250 E. Council to consider a resolution authorizing an Industrial Development Agreement with Golden Triangle Storage LLC — Phase III - Resolution 23-251 F. Council to consider a resolution authorizing an Industrial Development Agreement with Golden Triangle Storage LLC — Phase IV - Resolution 23-252 G. Council to consider a resolution authorizing an Industrial Development Agreement with Linde, Inc - Resolution 23-253 H. Council to consider a resolution authorizing an Industrial Development Agreement with Zero Parks Management LLC - Resolution 23-254 1. Council to consider a resolution authorizing the execution of a License to Encroach Agreement with Korey Jackson - Resolution 23-255 J. Council to consider a resolution authorizing the City Manager to execute all documents necessary to accept the project titled "Step Comprehensive Fiscal Year 2024" - Resolution 23-256 Minutes — September 19, 2023 K. Council to consider a resolution rejecting all responses for bid number MF0823-43 for a standby generator for the Parks Operation Center - Resolution 23-257 L. Council to consider authorizing the Beaumont Convention and Visitors Bureau to apply for grant monies from the Jefferson County Tourism Commission (JCTC), for $40,000 for partial payment of pollinator gardens off the nature trail at Tyrrell Park - Resolution 23-258 M. Council consider a resolution authorizing the City Manager to execute all documents necessary to accept new funding for the Southeast Texas Auto Theft Task Force - Resolution 23-259 N. Council consider a resolution approving an annual contract for grounds maintenance on Martin Luther King Jr. Parkway - Resolution 23-260 Councilmember Durio moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED 1:1*111W&W-0104I,107-11 1. Council to consider an ordinance authorizing the City Manager to approve the last stage in the Film Friendly Designation process. On February 21, 2023, the Council approved Resolution No.23-062 to apply for the Film Friendly program. The City of Beaumont is now Film Friendly Certified, and the last step would be to approve an Ordinance establishing requirements and procedures for film production within the City limit of Beaumont, Texas. Approval of the Ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE TO SET GUIDELINES FOR THE FILM FRIENDLY DESIGNATION PROCESS. Mayor Pro Tern Turner Seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-071 2. Council to consider a resolution authorizing the purchase of a Standby Diesel Generator from Mustang CAT, of Houston, for the Pine Street Water Treatment Plant. Minutes — September 19, 2023 3 During power outages, the Pine Street Water Treatment Plant has limited operations with the current generator capacity. An electrical analysis was concluded in January 2023 by JK Engineering, Inc. of Nederland in conjunction with LJA Engineering, Inc. of Beaumont. The study assessed critical equipment power needs at the facility in comparison to existing generator capacity. In conclusion, the report called for increasing the total generator capacity at the plant. The oldest (1998) and smallest generator (1250kW) that is currently installed at the Water Production Plant is recommended to be replaced with a 1750kW generator. In combination with the two newer 1500kW generators this will provide enough capacity for critical equipment. Pricing for the proposed generator was obtained from Mustang CAT, of Houston. The paralleling generator system requires Mustang CAT generators to operate. This purchase will be made as best value. The total cost is $870,000.00 with an estimated 100-week delivery time which would place the estimated expense in FY26. Funds will come from the Water Utilities Fund. Approval of the Resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A STANDBY DIESEL GENERATOR FROM MUSTANG CAT, OF HOUSTON, TEXAS, FOR THE PINE STREET WATER TREATMENT PLANT IN THE AMOUNT OF $870,000.00 Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-261 Council to consider an ordinance amending the FY 2023 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: The General Liability Fund does not charge user fees but relies solely on transfers to fund its operations. A transfer of $1,000,000 from the General Fund is being proposed to cover additional legal costs for FY 22023. The General Liability Fund is projected to exceed budgeted expenditures by $750,000 due to more claim settlements than expected, A budget amendment Minutes — September 19, 2023 in the amount $850,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. General Liability Fund Previously Amended Budget Proposed Amendment Amended Budget Total Revenues $4,000 $1,000,000 $1,004,000 Total Expenditures $1,414,200 $850,000 $2,264,200 2. The Employee Benefits Fund has a proposed budget amendment for transfers into the fund in the amount of $4,910,000 ($4,010,000 million from the General Fund, $300,000 from the Solid Waste Fund, and $600,000 from the Water & Sewer Fund) to offset increased expenses. Also, the Employee Benefits Fund is projected to exceed budgeted expenditures by $2,640,000 due to high health claims. A budget amendment in the amount $4,000,000 is being proposed to cover the projected costs 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 $23,701,400 $4,910,000 $28,611,400 Total Expenditures $27,677,200 $3,000,000 $30,677,200 3. The Solid Waste Fund is projected to exceed budgeted expenditures by $1,120,000 due to overtime, inflation, a $300,000 transfer to the Employee Benefits Fund as mentioned in item 2 and an additional payment in lieu to the General Fund in the amount of $400,000. A budget amendment in the amount $1,300,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Ex $14,925,600 $1,300,000 $16,225,600 4. The Water & Sewer Fund is projected to exceed budgeted expenditures by $1,106,000 due to inflation in chemicals and a $600,000 transfer to the Employee Benefits Fund as mentioned in item 2. An amendment in the amount of $1,250,000 is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Water & Sewer Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $55,083,000 $1,250,000 $56,333,00 5. The Capital Reserve Fund is proposing to receive transfers of $3,960,000 ($1.46 million from the General Improvements Fund and $2.5 million from the ARPA Fund) to support capital improvement costs in FY2023 and to help build fund balance for the FY 2024 Budget. Minutes -- September 19, 2023 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,067,600 $3,960,000 $7,027,600 6. Transfers in the amount of $7,510,000 are being proposed in the General Fund. A $2.5 million transfer to the Municipal Transit Fund is being recommended to help fund costs and build more fund balance for the FY24 Budget, $1 million to the General Liability Fund as mentioned in item 1, and a $4.010 million to the Employee Benefits Fund as mentioned in item 2. The General Fund is also expected to exceed budgeted expenditures by over $1.5 million, thus an additional $1.75 million is being proposed to cover the projected costs and to appropriate an extra contingency for any other unforeseen expenditures that may occur. Municipal Transit Fund Original Budget Proposed Amendment Amended Budget Total Revenues $3,933,000 $2,500,000 $6,433,000 General Fund Previously Amended Budget Proposed Amendment Final Amended Budget Total Expenditures $148,604,400 $9,260,000 $157,864,400 Approval of the Ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2023 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL LIABILITY AND CAPITAL RESERVE FUNDS, TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS, SOLID WASTE, WATER AND SEWER FUND, MUNICIPAL TRANSIT FUND, AND GENERAL FUNDS; PROVIDING SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23-072 4. Council to consider a resolution providing for the reimbursement of the capital expenditure incurred prior to the closing of financing. + The FY 2023 Budget included the order of a new fire truck and was approved by Council on November 2, 2021, in the amount of $713,315. Due to the long lead time on fire trucks, the financing will be included in the FY 2024 Budget. The truck will be financed over a period not to exceed 5 years. The truck was received prior to the financing being secured. A reimbursement resolution is warranted to allow the city to reimburse itself out of the proceeds of the financing for the truck since payment was required prior to the lease purchase being secured. Approval of the resolution. Minutes — September 19, 2023 Councilmember DUrlo moved to APPROVE A RESOLUTION THAT THE FY 2023 BUDGET INCLUDED THE ORDER OF A NEW FIRE TRUCK AND APPROVED BY COUNCIL ON NOVEMBER 2, 2021, IN THE AMOUNT OF $713,315.00; DUE TO THE LONG LEAD TIME ON FIRE TRUCKS, THE FINANCING WILL BE INCLUDED IN THE FY 2024 BUDGET, THE FIRE TRUCK WILL BE FINANCED OVER A PERIOD NOT TO EXCEED FIVE (5) YEARS AND THE CITY IS ALLOWED TO REIMBURSE ITSELF OUT OF THE PROCEEDS OF THE FINANCING FOR THE TRUCK SINCE PAYMENT WAS REQUIRED PRIOR TO THE LEASE PURCHASE BEING SECURED. Mayor Pro Tern Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-262 5. Council to consider a resolution approving the write off of uncollectible delinquent accounts. This request is in accordance with the write-off policy approved by the City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncoilectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to July 2022 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. EMS Ambulance Charges - $90,930.00 The charges are for ambulance transports which include uninsured claims or co -pay and deductibles that the customer is responsible for. The original charge dates range from 2018 to 2021. General Nuisance — $3,800.00 The original charge date is from 2019. Landfill - $1,320.00 The original charge dates are from 2019, Weed Abatement Charges - $114,401.86 The original charge dates range from 2019 to 2021. Worker's Comp -- $6,549.69 The original charge date is from 2020. Total to be written off - $217,001.55 Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES, AS AN INTERNAL ACCOUNTING PROCEDURE, THE WRITE-OFF OF DELINQUENT ACCOUNTS TOTALING $217,001.55 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS $1,000.00. Councilmember Durio seconded the motion. Minutes — September 19, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-263 PUBLIC HEARING Council to conduct a Public Hearing authorizing Zip to temporarily waive transit fares for Veterans on September 22, 2023. Public Hearing Open: 2:43 p.m. None Public Hearing Close: 2:43 p.m. 6. Council to consider a resolution authorizing Zip to temporarily waive transit fares for veterans on September 22, 2023. The Texas Veterans Commission is hosting the Southeast Texas Stand Down 2023 event at the Civic Center on Friday, September 23, 2023. Zip, formerly known as Beaumont Municipal Transit, is requesting transit fares to be waived for U.S. Military Veterans with a valid ID on this day. This will allow veterans in need of transportation the ability to attend the event and take advantage of the services and agencies present. The transit system is funded through a combination of rider fares, monies from the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. Approval of the Resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE 15 AUTHORIZED TO ALLOW ZIP TO TEMPORARILY WAIVE TRANSIT FEES FOR VETERANS ON SEPTEMBER 22, 2023. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-264 WORK SESSION Council to conduct a Work Session to review the proposed adoption of a Naming Ordinance Minutes -- September 19, 2023 COMMENTS * Public Comments (Persons are limited to three minutes) 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 COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED — PW DIRECTOR BARTKOWIAK — ACM BOONE — ACM ELLIS - CITY CLERK BROUSSARD - CFO SIMONEAUX - CITY MANAGER WILLIAMS - MAYOR WEST — With there bejg no Executive Session, Council adjourned at 3:22 p.m. Roy 01 Tina roussard, City Clerk Minutes — September 19. 2023