HomeMy WebLinkAboutOCT 01 2024 MINT E X A S
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert "A.J." Turner, At -large ROY WEST, MAYOR Randy Feldschau, At -Large
Taylor Neild, Mayor Pro Tern CITY COUNCIL MEETING Michael Getz, Ward 11
Audwin Samuel, Ward III OCTOBER 1, 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 October 1, 2024, 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 1-7. (or
any other topic).
Mayor West called the council meeting to order at 1:30 p.m.
Reverend James Pevehouse with St. Mark's Episcopal 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 Tem Neild, Councilmembers Durio, Getz,
Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae
Reed, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation and Recognition
"Lamar University Athletics Department" —Accepting; Mr. Jeff O'Malley, Athletic director
for Lamar University
Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1 -7.
(or any other topic). (Public comments can be heard or seen at the City of Beaumont
website at beaumonttexas.gov)
Albert Williams
Faith Bodle
William Johnson
8465 Old Voth Rd.
3720 Test St.
1045 Madison Ave.
Beaumont TX
Beaumont TX
Beaumont TX
Charlie Crabbe 928 East Dr. Beaumont TX
Minutes — October 1, 2024
Daniel Campise 2095 Dowlen Rd. Beaumont TX
Melissa Bronson No Address Given Beaumont TX
Daniel Russo 8670 Ducote Rd. Beaumont TX
Thelma Fielder 2975 Grand St. Beaumont TX
Mayor West read the announcement regarding Executive Session being held after the
conclusion of Councilmember Comments.
Council recessed at 2:12 p.m. for the mic system to be reset. Council reconvened at 2:18
p.m.
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 17, 2024, City Council meeting minutes.
B. Council to consider a resolution approving annual maintenance from a vendor for network
security hardware used by all city departments — Resolution 24-229
C. Council to consider a resolution authorizing the acceptance of a ten foot (10) wide Exclusive
Water Line Easement — Resolution 24-230
D. Council to consider a resolution authorizing the City Manager or his designee to enter into a
service agreement with Lexipol for the police department — Resolution 24-231
E. Council to consider a resolution authorizing the City Manager to sign a Memorandum of
Understanding (MOU) with the Southeast Texas Regional Planning Commission (SETRPC)
related to emergency notifications enrollment by 311 -- Resolution 24-232
F. Council to consider a resolution approving the sale of City -owned property located behind
2275 Rusk Street, Beaumont — Resolution 24-233
G. Council to consider a resolution authorizing the execution of a Utility Crossing Agreement
with Golden Triangle Storage, LLC for a 4° inert gas pipeline — Resolution 24-234
H. Council to consider a resolution authorizing the execution of a Utility Crossing Agreement
with Golden Triangle Storage, LLC for a 2" fiber optic cable — Resolution 24-235
Council to consider approving a resolution for a service agreement for special water/sewer
rates with Jefferson County — This item was pulled
J. Council to consider a resolution approving a six (6) month contract for the purchase of
aluminum sulfate for use by the Water Utilities Department — Resolution 24-236
K. Council to consider a resolution authorizing the City Manager to approve a Management
Agreement with the Beaumont Botanical Gardens, Inc. for the Beaumont Botanical Gardens
located at 6088 Babe Zaharias Drive -- Resolution 24-237
Minutes — October 1, 2024
L. Council to consider a resolution appointing members to the Community Development
Advisory Committee — Resolution 24-238
Mayor Pro Tern Neild moved to approve the Consent Agenda. Councilmember Durio
seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
REGULAR AGENDA
Council to consider a resolution authorizing the City Manager to execute and submit the
Intent to Apply with the Texas Water Development Board (TWDB).
The Texas Water Development Board issued a call for projects in December 2023 for
communities to apply for project funding assistance through the Drinking Water State
Revolving Fund (DWSRF). The intended purpose of the program is for Lead Service Line
Replacement projects and associated activities including inventorying, planning, design, and
replacement.
City staff submitted and were invited to apply for project funding. The project will be restricted
to the areas designated on the Project Information Form. These areas were selected as
areas of potential lead service lines and to enhance the calculated average AMHI, which
improved the likelihood of being selected.
The proposed project cost of $7,602,000 is based on current estimates and could require a
local match of $3,724,980. 51 % of the program funding will consist of principal forgiveness
and 49% loan/bond. The loan covering the inventory will be 0% interest. $3,908,000 was
included under debt in the proposed CIP for lead service line field inspection and
replacement.
The city, through this resolution, is indicating its willingness to apply for the program with
TWDB, and will commit to the project's development, implementation, construction,
management, and financing of all non -reimbursable costs, and 100% of overruns should they
occur.
Funds will come from TWDB DWSRF and Water Revenue Bonds.
Approval of the resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND
HE IS HEREBY AUTHORIZED TO EXECUTE AND SUBMIT THE INTENT TO APPLY FOR PROJECT FUNDING
WITH THE TEXAS WATER DEVELOPMENT BOARD TWDB), IN THE AMOUNT OF $7,602,000.00.
Councilmember Durio seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
Minutes — October 1, 2024
NAYS: NONE
MOTION PASSED
RESOLUTION 24-239
2. Council to consider a resolution authorizing the City Manager to accept maintenance and
authorize final payment to TRP Construction Group, LLC., for the Citywide Pavement
Markings Phase III Project.
On April 18,2024, by Resolution No. 24-113, City Council awarded a contract to TRP
Construction Group, LLC., of Haltom City, Texas, in the amount of $321,608,72, for the
Citywide Pavement Markings Phase III Project.
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
maintenance and final payment in the amount of $66,783.15 is recommended.
Funds will come from Certificates of Obligation.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO ACCEPT MAINTENANCE AND MAKE FINAL PAYMENTS TO TRP CONSTRUCTION
GROUP, LLC., OF HALTOM, TEXAS, IN THE AMOUNT OF $66,783.15, FOR THE CITYWIDE PAVEMENT
MARKINGS PHASE III PROJECT, Councilmember Samuel seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-240
3. Council to consider a resolution authorizing the City Manager to award a contract to Vortex
Companies for the Belvedere Drive and Clinton Street Storm Sewer Outfall Emergency
Repair Project.
On July 2, 2024, by Resolution No. 24-161, City Council awarded a contract to Vortex
Companies, of Houston, in the amount of $96,300.00 for the Belvedere Drive and Clinton
Street Storm Sewer Outfall Emergency Repair Project. The authorized work consisted of the
installation of a cured in place pipe (CIPP) liner within the existing storm sewer pipe for its
entire length and a Ground Penetrating Radar (GPR) survey for the length of the storm sewer
line to identify any potential cavities that were not visible from the surface.
On August 20, 2024, by Resolution No. 24-204, City Council awarded a contract to Vortex
Companies, of Houston, in the amount of $69,815.00 for the Belvedere Drive and Clinton
Street Storm Sewer Outfall Emergency Repair Project. This authorized work consisted of
Minutes -- October 9, 2024
injecting a high -density urethane grout into the voids identified by the GPR survey in order to
stabilize the soils in this confined work area.
On September 13, 2024, Vortex Companies submitted an updated proposal in the amount of
$11,731.50 to address additional voids encountered during construction. The initial survey
utilizing ground penetrating radar (GPR) was used to estimate the quantity of grout that was
needed, however, due to the extent of the voids, and some limitations with GPR, additional
grout was needed to fully stabilize the soils surrounding the storm sewer line.
The proposal was obtained through the HGACBuy Cooperative. If approved, the new
contract amount would be $177,846.50.
Funds will come from the Certificates of Obligation.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO ACCEPT THE UPDATED TIME AND MATERIALS ESTIMATE FOR WORK BY
VORTEX COMPANIES, OF HOUSTON, TEXAS, IN THE, AMOUNT OF $11,731.50, FOR EXTRA WORK,
THEREBY INCREASING THE TOTAL CONTRACT AMOUNT TO $177,846.50, FOR THE BELVEDERE DRIVE
AND CLINTON STREET STORM SEWER OUTFALL EMERGENCY REPAIR PROJECT. Mayor Pro Tern
Neild seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS. NONE
MOTION PASSED
RESOLUTION 24-241
4. Council to consider a resolution authorizing the City Manager to award a contract to SETEX
Construction Corp., of Beaumont, TX for the N. Major Dr. & Westfield Ave. Exploratory
Excavation and Sanitary Sewer Repair Contract.
A cavity has formed near a manhole at the intersection of N. Major Dr. & Westfield Ave (also
known as Claybourn Dr.). A 10-inch sewer line connects to the manhole at a depth of 18 feet.
Efforts to perform a video inspection of the 10-inch line in this area have been unsuccessful
due to the depth of the line and the distance to any adjacent access points,
The Exploratory Excavation and Sanitary Sewer Repair Contract will perform an exploratory
excavation at the cavity, identify any defect in the 10-inch line, and make the associated
repairs. This contract does not address any potential issues with the 54Tinch line that also
connects to this manhole.
On August 22, 2024, three (3) bids were received for furnishing all labor, materials, and
equipment for the project. The Engineer's Estimate for the contract is $59,794.00. The bid
totals are indicated in the table below:
Contractor
Location
Total Bid Amount
SEi EX Construction Corp.
Beaumont, TX__+
$68,279.79
Minutes — October 1, 2024
King Solution Services, LLC
Houston, TX 11$84,400.00
Southern Utility Works, LLC
Beaumont, TX
1 $350,478.81
Funds will come from the American Rescue Fund.
Approval of the resolution.
Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, IN
THE AMOUNT OF $68,279.79 TO COMPLETE THE WORK AND MATERIALS FOR THE N. MAJOR DRIVE
AND WESTFIELD AVENU E EXPLORATORY EXCAVATION AND SANITARY SEWER REPAIR CONTRACT AND
THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX
CONSTRUCTION CORP., OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-242
5. Council to consider an ordinance denying Texas Gas Service Company proposed rates.
Texas Gas Service Company, A Division of ONE Gas, Inc. (TGS) filed to change gas utility
rates within the Central -Gulf service area. TGS requested a total rate increase of $25.6
million annually, representing 15.4% increase in non -gas revenues. The proposed increase
for residentials customers is $27.8 million, whereas commercial, industrial, and other non-
residential rate classes would receive a small decrease. If approved, the average increase
pre residential customer would range from $6.23 for usage of 17 Ccf per month and $9.44 for
usage of Ccf per month.
Reasonable expenses associated with rate cases are reimbursable by the company as
proved for in the Public Utility Regulatory Act.
Approval of ordinance.
Mayor Pro Tern Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF
BEAUMONT, TEXAS DENYING THE STATEMENT OF INTENT OF TEXAS GAS SERVICE COMPANY, A
DIVISION OF ONE GAS, INC., TO INCREASE RATES IN THE INCORPORATED AREAS OF THE CENTRAL -
GULF SERVICE AREA; REQUIRING REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; AND
DECLARING AN EFFECTIVE DATE. Councilmember Turner seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
Minutes — October 1, 2024
ORDINANCE 24-059
PUBLIC HEARING
Council to Conduct a Public Hearing to receive comments on the City of Beaumont's
application for the FY2024 Pathways to Removing Obstacles to Housing (PRO Housing)
Grant.
Public Hearing Open: 2:27 p.m.
Vivian Ballou 3030 Plaza Circle Port Arthur TX
Public Hearing Close: 2:30 p.m.
WORK SESSION
4. Council to discuss the Lower Neches Valley Authority (LNVA) Agreement along with the bill
for Water used during the drought
REGULAR AGENDA
6. Council to consider a resolution authorizing the City Manager to execute an updated Water
Supply Agreement and Mutual Release between the City of Beaumont and the Lower
Neches Valley Authority (LNVA), providing updates to the current five (5) year term
agreement which secures an uninterrupted surface water supply for the City of Beaumont.
The City of Beaumont has 50 million gallons per day of run -of -river surface water rights from
the Neches River. During periods of drought and/or low rainfall, run -of -river may not have the
volumes required to meet the City's potable water demand. Therefore, releasing stored water
owned by the LNVA from Sam Rayburn Reservoir and/or B.A. Steinhagen Lake is necessary
to provide uninterrupted potable water to the citizens.
On January 10, 2023, by Res. No. 23-014, City Council authorized the City Manager to
extend a five (5) year Water Supply Agreement and Mutual Release with LNVA to secure an
uninterrupted surface water supply which had expired.
Due to the 2023 drought's impact on available run -of -river flow, the LNVA and the City
initiated discussions to update the existing agreement. This resulted in improved agreement
language and a revision of outdated details. The key change is an increase in stored water
from 6,000 ac-ft to 8,500 ac-ft. This update aims to mitigate the City's financial strain during
drought years, while the agreement's term will remain unchanged. The draft of the agreement
will also require review and approval by the LNVA Board of Directors.
Funds will come from the Water Utilities Fund.
Approval of the resolution.
Mayor Pro Tern Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE AN UPDATED WATER SUPPLY AGREEMENT AND MUTUAL RELEASE
WITH THE LOWER NECHES VALLEY AUTHORITY (LNVA), TO PROVIDE UPDATES TO THE CURRENT FIVE
(5) YEAR AGREEMENT WHICH SECURES AN UNINTERRUPTED SURFACE WATER SUPPLY FOR THE CITY
OF BEAUMONT. Councilmember Durio seconded the motion.
Minutes — October 1, 2024
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-243
7. Council to consider a resolution authorizing payment of Lower Neches Valley Authority
(LNVA) invoice #3049, for the 2023 water release fee.
In 2013, the City of Beaumont entered into an agreement with the LNVA for the storage and
release of water from Sam Rayburn Reservoir andlor B.A, Steinhagen Lake. During periods
of drought and/or law rainfall, when run -of -river is not sufficient to meet the City's surface
water rights, the LNVA will release water for the City, as per the agreement. In 2023,
Beaumont experienced a significant drought, resulting in release of water heeded to ensure
sufficient supply from the Neches River for the City's water needs.
The agreement between the City and LNVA is for storage and release of up to 6,000 acre-
feet of water per year, as needed. Release of water in excess of this volume is provided, if
the LNVA has adequate supply, however the city is billed based on LNVA's "Uncontracted
Water Fee" rate. With the 2023 drought lasting nearly five months, the city required a release
of 8,873 acre-feet of water from the LNVA storage. This equates to a 2023 release fee of
$985,112.75,
Funds will come from the Water Utilities Fund.
Approval of the resolution.
Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS
HEREBY AUTHORIZED TO EXECUTE PAYMENT IN THE AMOUNT OF $985,112.75, TO THE LOWER
NECHES VALLEY AUTHORITY (LNVA, FOR INVOICE #3049, FOR THE 2023 WATER RELEASE FEE.
Councilmember Getz seconded the motion.
AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ,
TURNER, FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
RESOLUTION 24-244
COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City
of Beaumont website at beaumonttexas.gov)
EXECUTIVE SESSION
Consider Matters Related to Contemplated or Pending Litigation in Accordance with Section
551.071 of the Government Code:
Minutes — October 1, 2024
Caleb Fenter v. City of Beaumont and Christopher S. Boone: Cause No. B-
214244
Open Sessiph of the meeog adjourned at 2:49 p.m.
RgY Wobt» Vay&
Tina Broussard, City Clerk
Minutes — October 1, 2024