HomeMy WebLinkAboutJULY 30 2024 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 JULY 30, 2024 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 July 30, 2024, at the City
Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 5:30 p.m. to consider the following:
OPENING
Invocation Pledge of Allegiance Roll Call
Proclamations, Presentation and Recognition -- TxDOT Presentation on the Status of
Construction Projects within the City of Beaumont
Public Comment: Persons may speak on the Consent Agenda/RegularAgenda items 1-4. (or
any other topic). Item No. 5 has already been heard in a Public Hearing therefore, citizens
can't speak on that item.
Mayor West called the council meeting to order at 5:30 p.m.
Pastor John Wardley with St. James United Methodist 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, 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
Recognition — 409 Swim Competition Team — Accepting will be Mr. Raymond Ford and
members of the swim team
"World Day Against Trafficking in Persons" — July 30, 2024 --Accepting; Lisa Boler, CEO
and Founder, Hannah Moore, ACO and Brittany DeLaGarza, Education Coordinator
"Pioneering Women's Day" — August 1, 2023 — Accepting will be Morline Guillory,
President of Pioneering Women
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-4. (or any
other topic). Item No. 5 has already been heard in a Public Hearing therefore, citizens can't speak
on that item. (Public comments can be heard or seen at the City of Beaumont website at
beaumonttexas.gov)
Minutes — July 30, 2024
Tony Renfro
6110 Bankston Ln.
Beaumont TX
Clarence Brown
520 E. Elgie
Beaumont TX
Linda Pete Gilmore
1350 Long St.
Beaumont TX
Pastor C.J. Johnson
2595 Laurel Ave.
Beaumont TX
Jerome Alexander
1118 Evalon
Beaumont TX
Irmalyn Thomas
2235 Lela St.
Beaumont TX
Gina Taylor
5735 Essie Ln.
Beaumont TX
Albert Harrison
1240 Ashley
Beaumont TX
Kane Dean
255 College St.
Beaumont TX
Airon Reynolds, Jr.
6945 Salida Ln,
Beaumont TX
Glenda McCray
890 Norwood Dr.
Beaumont TX
Shedrick Evans
2205 Laurel
Beaumont TX
Wilmeretta Lowe
5925 Meadowview Rd.
Beaumont TX
Natash Simon Martin
2205 Laurel
Beaumont TX
Shawn Javed
85 1 H 10 North
Beaumont TX
Rodney Robichau
5255 Merlot
Beaumont TX
Shawn Webb -Locke
6470 Phelan Blvd.
Beaumont TX
James Eller
3587 East Lucas Dr.
Beaumont TX
Melissa Bradford
No address given
Beaumont TX
William Johnson
1045 Madison Ave.
Beaumont TX
Addie Allen
9695 Gross
Beaumont TX
Lashon Proctor
4680 Jancar Dr.
Beaumont TX
Christopher Jones
1045 Doucette Ave.
Beaumont TX
LaDonna Sherwood
5265 Richard Dr.
Beaumont TX
Toni Prados
2130 Sarah St.
Beaumont TX
Minutes — July 30, 2024
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 July 2, 2024, July 12, 2024, and July 16, 2024, City
Council meeting minutes.
B. Council to consider a resolution authorizing the issuance of a letter of approval to allow
Concord EMS to operate an ambulance service in the city limits of Beaumont— Resolution
24-169
C. Council to consider a resolution approving an annual maintenance agreement from our
current Fire records management system that is utilized by Fire and EMS -- Resolution 24-
170
F. Council to consider a resolution approving the annual contract for Painting and Related
Services -- Resolution 24-172
G. Council to consider formal adoption of the City Procurement Policies and Procedures 7.3 --
Resolution 24-173
H. Council to consider a resolution of a License to Encroach Agreement located at 860
Magnolia — Resolution 24-174
Council to consider a resolution of a License to Encroach Agreement located at 5535 Calder
Avenue — Resolution 24-175
J. Council to consider a resolution of a License to Encroach Agreement located at 2165 Sabine
Pass -- Resolution 24-176
K. Council to consider a resolution repealing Resolution No. 11-028 of a License to Encroach
Agreement located at 5535 Calder Avenue — Resolution 24-177
L. Council to consider a resolution approving the six (6) month contract to supply asphaltic
concrete for use by the City — Resolution 24-178
Councilmember Neild moved to approve the Consent Agenda.
Councilmember Getz asked that Items D, E, M and N be pulled from the Consent Agenda
and voted upon separately.
Councilmember Neild amended his motion to approve the Consent Agenda excluding D, E M
and N. Councilmember Getz seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
PELDSCHAU, SAMUEL AND NEILD
NAYS; NONE
MOTION PASSED
Minutes - July 30, 2024
D. Council to consider a resolution approving a contract for the addition of a redundant Chiller at
the Municipal Court Building located at 700 Orleans.
Councilmember Durio moved to approve Consent Agenda Item D. Councilmember Samuel
seconded the motion.
AYES; MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS, NONE
MOTION PASSED
Resolution 24-171
E. Council to consider a resolution authorizing the City Manager to amend Resolution 24-131
for the Street Rehabilitation Citywide — Phase V (REBID) Project.
Councilmember Neild moved to approve Consent Agenda Item E. Councilmember Samuel
seconded the motion.
AYES:, MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 24-131A
M. Council to consider a resolution appointing members to the Parks, Recreation, and Open
Space Master Plan Steering Committee.
Councilmember Neild moved to approve Consent Agenda Item M with the following
corrections: John Neild will be replaced by Emily Coxe, correct the spelling of the names of
Janey Polar to Janet Polar and Gary Richardson to Gay Richardson. Councilmember Getz
seconded the motion.
AYES, MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 24-179
N. Council to consider a resolution approving the purchase of a street sweeper tracking
software from a company in Canada to be used by the Streets and Drainage division.
Minutes — July 30, 2024
Councilmember Durio moved to approve Consent Agenda Item N. Mayor Pro Tern Turner
seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO,
FELDSCHAU, SAMUEL AND NEILD
NAYS: COUNCILMEMBER GETZ
MOTION PASSED
Resolution 24-180
REGULAR AGENDA
Conduct an election for Mayor Pro Tempore.
Councilmember Turner was elected to Mayor Pro Tempore an July 25, 2023, and his term
began on July 27, 2023. According to the City Charter, "the City Council shall elect one of its
members as Mayor Pro Tempore for a one-year term." The Mayor Pro Tempore shall
perform the duties of the Mayor in the case of his absence or inability of the Mayor to perform
the duties of the office, and if a vacancy occurs, shall become Mayor for the unexpired term.
Conduct an election.
Councilmember Getz moved to APPROVE A RESOLUTION THATTAYLOR NEILD IS ELECTED MAYOR
PRO TEMPORE FOR A ONE (1) YEAR TERM; BEGINNING ON JULY 30, 2024. Councilmember
Feldschau seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS; NONE
MOTION PASSED
RESOLUTION 24-181
2. Council to consider confirming the appointment of a new Police Chief.
On January 5, 2024, Chief James Singletary announced his retirement from the Beaumont
Police Department after over fifty years of law enforcement service. On February 6, 2024, a
Work Session was held to provide the Council with an overview of the hiring process for the
Police Chief vacancy. The City contracted with Affion Public, LLC to conduct a national
search for viable candidates.
On July 10, 2024, appointed members of the Community Interview Panel conducted public
interviews with the top four candidates, and the city hosted a candidate meet and greet for
the public. On July 11, 2024, Executive staff interviewed the fop four candidates. On July 12,
2024, the City Manager submitted a candidate to the Council for confirmation pursuant to
Section 143.013 of the Local Government Cade. The candidate was not confirmed, and the
Minutes — July 30, 2024
Council expressed their desire to hire from within the department. With new direction, the
focus for the next Police Chief was centered on internal candidates.
Funds will come from the General Fund.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE APPOINTMENT BY THE CITY
MANAGER OF TIM OCNASCHEK AS THE POLICE CHIEF FOR THE CITY OF BEAUMONT BE AND THE SAME
IS HEREBY CONFIRMED. 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 24-182
3. Council to consider a resolution authorizing the City Manager to execute Change Order No.
2, accept maintenance, and authorize final payment to Tanksco, Inc., of Fort Worth, TX, for
the Prison Ground Storage Tank Rehabilitation Project.
On January 23, 2024, by Resolution No. 24-020, the City Council awarded a contract to
Tanksco, Inc., of Fort Worth, TX, in the amount of $577,058.00, for the Prison Ground
Storage Tank Rehabilitation Project.
There was a previous Change Order No. 1 in the amount of $336.00.
Proposed Change Order No. 2, in the amount of ($15,243.00), is required to adjust the
estimated quantities in the contract to reflect the actual quantities used in the completion of
the project. if approved, the final contract amount will be $562,151.00.
The project has been inspected by Schaumburg & Palk, Inc., and found to be complete in
accordance with the provisions and terms set out in the contract. The Water Utilities Staff
agrees and recommends acceptance of Change Order No. 2, maintenance, and final
payment in the amount of $20,751.70.
Funds will come from the Water Revenue Bopds.
Approval of the resolution.
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO TAN KSCO, INC., OF
FORT WORTH, TEXAS, IN THE AMOUNT OF $20,751.70 FOR THE PRISON GROUND STORAGE TANK
REHABILITATION PROJECT. Councilmember Durio seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
Minules — July 30, 2024
NAYS. NONE
MOTION PASSED
RESOLUTION 24-183
4. Council to consider a resolution authorizing the City Manager to execute Change Order No.
2, accept maintenance, and authorize final payment to Gulf Coast, a CRH Company, for the
Street Rehabilitation City Wide — Phase IV Project.
On November 9, 2021, by Resolution No. 21-304, the City Council awarded a contract to LID
Construction, of Beaumont, in the amount of $5,188,661.94, for the Street Rehabilitation City
Wide — Phase IV Project.
Change Order No. 1 to LD Construction, in the amount of $311.74, was approved on July 7,
2022, resulting in an increase to the original contract making the new contract amount
$5,188,973.68.
Effective December 2, 2022, LD Construction and PTSS Investments officially became part
of the Texas Materials Group, a family of four companies which operate as part of CRH
Company. Going forward, all products and services began operating under the Gulf Coast
brand. Gulf Coast has submitted all paperwork and documentation required for them to
contractually take on the responsibility of the remaining work for this project.
There was a previous Change Order No. 1 to Gulf Coast, with no dollar amount.
Proposed Final Change Order No. 2, in the amount of ($463,357.40), is needed to adjust the
estimated quantities in the contract to reflect the actual quantities used in the completion of
the project. If approved, the adjustment in quantities would result in a final contract amount of
$4,725,616.28.
The project has been inspected by the Engineering Division and found to be complete in
accordance with the provisions and terms set forth in the contract. Acceptance of Final
Change Order No. 2, maintenance, and final payment in the amount of $138,740.42 is
recommended.
Funds will come from Certificates of Obligation.
Approval of the resolution.
Councilmember Feildschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND
HE IS HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENT TO GULF COAST, A
CRH COMPANY, OF HOUSTON, TEXAS, IN THE AMOUNT OF $138,740.42 FOR THE STREET
REHABILITATION CITY WIDE -- PHASE IV PROJECT, Councilmember Getz seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Minutes -- July 30, 2024
RESOLUTION 24-184
5. Council to consider proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the
Code of Ordinances.
Staff requests to amend Section 28.04.008(b)(19)(D) of the City's Code of Ordinances to
reduce the requirement of 24-hour supervision to residential care uses. At this time, Section
28.04.008(b)(19)(D) states, "A facility must provide twenty-four (24) hour on -site supervision
Of its residents or clients." While some residential care uses may necessitate supervision, it
should be noted that some residential care uses do not. The requirement of supervision may
impede the process of operations or even terminate feasibility of a project for needed
community services due to cost and other necessary resources.
Staff is recommending the following amendment that will allow the Director to examine the
necessity of 24-hour supervision as it relates to the use and criminal history of a property
rather than it being a requirement for all uses categorized as residential care.
(D) A facility 1` maybe required by the Community Development Director to
provide twenty -four-hour on -site supervision of its residents or clients on the
basis of its necessity orhistory of criminal activity associated with the proposed
location."
At a Joint Public Hearing held On July 22, 2024, the Planning Commission recommended 8:0
to approve proposed amendments to Chapter 28, Section 28.04.008(b)(19)(D) of the Code of
Ordinances.
Approval of the ordinances.
Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING
CHAPTER 28, SECTION 28.04,008 (B) (19)(D) OF THE, CODE OF ORDINANCES OF BEAUMONT, TEXAS,
TO MAKE, CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY. Councilmember Samuel seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
ORDINANCE 24-035
COUNCILMEMBER COMMENTS (Councilmember comments can be heard orseen at the City
of Beaumont website at beaumonttexas.gov)
Minutes — July 30, 2024
With there bein
Tina Broussa
Executive Se§sion, the meeting adjourned at 8:54 p.m.
City Clerk
Minutes — July 30, 2024