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HomeMy WebLinkAboutDEC 03 2024 MINBEAUMONT T 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 II Audwin Samuel, Ward III DECEMBER 3, 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 December 3, 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 — Development of Water and Wastewater Impact Fees Public Comment: Persons may speak on the Consent Agenda/RegularAgenda items 1-8. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Reverend James Barker, with Greater Zion 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 Neild, Councilmembers Durio, Getz (arrived at 1:34 p.m.), Turner, Feldschau and Samuel. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentations and Recognitions None Public Comment: Persons may speak on the Consent Agenda/RegularAgenda Items 1-8. (or any other topic). Public comments can be heard or seen at the City of Beaumont website at beau monttexas.gov) Dora Nisby Sheridan Jefferson Jennie Simon Airon Reynolds Jr. 4520 Corley E114*i 11MM 1 4530 Goliad 6945 Salina Ln. Beaumont TX Beaumont TX Beaumont TX Beaumont TX Minutes — December 3, 2024 Tonene Carrierre 4240 Inez St. Beaumont TX Mayor West read the announcement regarding Executive Session being held after the conclusion of Councilmember Comments. 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 November 19, 2024, City Council meeting minutes. B. Council to consider a resolution approving a permit payment to the Texas Commission on Environmental Quality (TCEQ) — Resolution 24-309 C. Council to consider a resolution to enter into a contract for grant application and administrative services — Resolution 24-310 E. Council to consider a resolution approving the renewal of an annual maintenance agreement from CentralSquare of Lake Mary, FL for use by Police, Fire, and EMS — Resolution 24-312 F. Council to consider a resolution authorizing the acceptance of a ten -feet (10') wide Temporary Construction Easement — Resolution 24-313 G. Council to consider a resolution awarding funds to three (3) organizations for the administration and repairs for the Owner -Occupied Minor Repair Program — Resolution 24- 314 H. Council to consider a resolution approving the purchase of security cameras for phase two of the Parks Camera Project from multiple vendors — Resolution 24-315 Council to consider a resolution approving the purchase of three new ambulance boxes — Resolution 24-316 J. Council to consider a resolution authorizing the City Manager to sign and execute two multi - agency Interlocal Agreements with all participating Subgrantees in the Southeast Texas Auto Theft Grant Task Force — Resolution 24-317 K. Council to consider a resolution authorizing the City Manager, or his designee, to execute all documents necessary, for an updated Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department — Resolution 24- 318 L. Council to consider a resolution authorizing a contract with Voya for Stop Loss Insurance — Resolution 24-319 M. Council to consider approving a three-year agreement with Appllo Vanguard for pharmacy services for city employees and retirees — Item Pulled Councilmember Feldschau moved to approve the Consent Agenda excluding Item D. Mayor Pro Tern Neild seconded the motion. Minutes — December 3, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED D. Council to consider approving an increase in base wages and additional compensation for the City Manager, City Attorney, City Clerk, and the Chief Magistrate. Councilmember Samuel moved to approve Item D on the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR WEST, COUNCILMEMBERS DURIO, TURNER, AND SAMUEL NAYS: MAYOR PRO TEM NEILD, COUNCILMEMBERS GETZ AND FELDSCHAU MOTION PASSED RESOLUTION 24-311 REGULAR AGENDA Council to consider authorizing the City Manager to approve incentive payments to the participants in the Harvey GLO Buyout Program. The City of Beaumont is in an active contract with the General Land Office for grant funding related to the Hurricane Harvey flood event. On October 10, 2023, Resolution No. 23-291 authorized the City Manager to execute purchase contracts for the homes that were flooded as a result of Hurricane Harvey, in conjunction with CDBG-DR Local Buyout/Acquisition funding. The next phase of the buyout is to proceed with the payments to the program participants for moving expenses and additional incentives. Once the payments are disbursed, the City's consultant will process requests for the city to receive reimbursement from the General Land Office. The City's contract was extended through February 28, 2025, to complete these reimbursement requests. There will be no additional extensions. Per our engaged consultant, Chica/Ardurra, the additional incentives to be paid include: Moving Expenses $35,000 Additional Expenses $43,000. Funds will come from the U.S. Department of Housing and Urban Development (HUD) and the Community Development Block Grant -Disaster Recovery Grant funds. (CDBG-DR). Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE GLO HARVEY BUYOUT INCENTIVES FOR SEVEN (7) PROPERTY OWNER(S), THAT WERE FLOODED IN HURRICANE HARVEY IN CONJUNCTION WITH THE APPROVED CDBG-DR LOCAL BUY-OUT/ACQUISITION FUNDING. Councilmember Samuel seconded the motion. Minutes — December 3, 2024 AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, TURNER, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER GETZ MOTION PASSED RESOLUTION 24-320 2. Council to consider a resolution authorizing the City Manager to award a contract to SETEX Construction Corp., of Beaumont, TX, for the Pine St. Surface Water Treatment Plant (SWTP) South Basin Sludge Drain Rehabilitation Project. The Pine St. SWTP South Basin Sludge Drain Rehabilitation Project will provide for the construction of new drainpipes and valves downstream of the sedimentation basins at the Pine St. Surface Water Treatment Plant. On November 7, 2024, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $300,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount SETEX Construction CorpBeaumont, TX $333,562.38 MK Constructors (BDS Constructors LLC dba MK Constructors) Vidor, TX $790,157.00 Based on a review of the bids and required documents received, Water Utilities staff recommend awarding the project to the lowest bidder, SETEX Construction Corp., in the amount of $333,532.38. A total of 90 calendar days is allocated for substantial completion of the project. Funds will come from the America Rescue Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SETEX CONSTRUCTION CORP., OF BEAUMONT, TEXAS, FOR THE BID SUBMITTED FOR THE PINE STREET SWTP SOUTH BASIN SLUDGE DRAIN REHABILITATION PROJECT IN THE AMOUNT OF $333,562.38. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-321 Minutes — December 3, 2024 3. Council to consider a Resolution authorizing the City Manager to execute a Grant Agreement with Legacy CDC for the non -congregate shelter units project outlined in our HOME -ARP plan. On October 10, 2023, the City Council approved Resolution Number 23-289 to award $1,572,124 in HOME -ARP funds for the acquisition and/or development of non -congregate shelter units (NCS) to Legacy Community Development Corporation. The NCS units are specifically to house qualifying populations in the City of Beaumont that are experiencing homelessness or at risk of experiencing homelessness. Legacy Community Development Corporation is proposing to acquire 2670 Broadway, an 8- unit multi -family complex for $630,000. Legacy proposes to designate all 8 units as for NCS for the restricted use period (three years) for this project, as outlined and required by HUD. The units will then transition to permanent supportive housing for low-income residents. The additional eligible expenses related to this project are attached in the project budget. Total funds requested for 2670 Broadway acquisition and development are projected to be $745,214.00. This activity has been approved by HUD, as well as the City Council in the adoption of our HOME -ARP Plan in Resolution Number 23-087 on March 24, 2023. HUD requires that a written Grant Agreement be in place identifying a specific location for the NCS units. Should the offer be accepted for the purchase of this property, Legacy has a 45-day feasibility period to perform inspections and determine that the location meets all the minimum property standards outlined in the HOME ARP CPD Notice 21-10. Per the contract, the closing is set to take place December 18, 2024. Funds will come from the US Department of Housing and Urban Development American Rescue Act 2021. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ENTER INTO A GRANT AGREEMENT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC, IN AN AMOUNT UP TO $745,214.00, FROM THE HOME -ARP FUNDS FOR THE ACQUISITION AND/OR DEVELOPMENT OF NON -CONGREGATE SHELTER UNITS (NCS) TO LEGACY COMMUNITY DEVELOPMENT CORPORATION, LLC., AND PROPOSING TO ACQUIRE 2670 BROADWAY STREET, BEAUMONT, TEXAS, WHICH CONTAIN AN EIGHT (8) UNITS MULTI -FAMILY FOR NCS FOR THE RESTRICTED USE PERIOD FOR THIS PROJECT. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED RESOLUTION 24-322 Minutes — December 3, 2024 4. Council to consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO, LLC, for the Street Rehabilitation Citywide — Phase V (REBID) Project. On November 7, 2023, by Resolution No. 23-338, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $6,847,514.00, for the Street Rehabilitation Citywide — Phase V (REBID) Project. There were previous Change Order Nos. 1-5, in the amount of $1,770,108.03. Change Order 3 was removed from being a change order and converted to award amount on July 30, 2024, by Resolution No. 24-131A bringing the total contract award to $7,874,336 and total change orders to $743,286.03. Proposed Change Order No. 6, in the amount of $175,782.19, is necessary to include additional concrete repairs for. the Wastewater Treatment Plant (WWTP) roadway. This increased quantity of repairs accounts for the expansion of existing repair locations and the addition of new repair locations. These new locations were identified after the asphalt surface was milled off, exposing the pavement to various weather conditions and heavy truck traffic. Additionally, more asphalt level up is needed to correct irregularities in the concrete pavement cross slope, which were discovered after asphalt milling operations. This additional level up is necessary to ensure proper drainage runs off from the roadway to the adjacent roadside ditch. This Change Order is also needed to remove silt built up along the edge of pavement to allow for positive drainage. A total of forty-five (45) additional calendar days will be added to the contract for the additional work. If approved, Change Order No. 6 will result in a new contract amount of $8,793,404.22. Funds will come from the Water Utilities 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. 6, IN THE AMOUNT OF $175,782.19, THEREBY MAKING THE NEW CONTRACT AMOUNT $8,793,404.22, FOR THE STREET REHABILITATION CITYWIDE -PHASE V (REBID) PROJECT AND THAT FORTY-FIVE (45) CALENDAR DAYS ARE BEING ADDED TO THE PROJECT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU AND SAMUEL NAYS: COUNCILMEMBER TURNER MOTION PASSED RESOLUTION 24-323 PUBLIC HEARING ,�L- Council to conduct a public hearing to consider findings and ratifying the determination of the Public Health Director that a public health nuisance exists on the property owned by Robert L. Frazier heir to the estate of John Frazier at 1395 Maple — Item Pulled Minutes — December 3, 2024 Council to conduct a public hearing to consider findings and ratifying the determination of the Public Health Director that a public health nuisances exist on the property owned by 606 Harold, LLC — Item Pulled ,4'--- Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that a public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. Public Hearing Open: 2:42 p.m. None Public Hearing Close: 2:45 p.m. Q-- Council to conduct a public hearing to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 1037 North Street. Public Hearing Open: 2:45 p.m. None Public Hearing Close: 2:50 p.m. REGULAR AGENDA 5. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Robert L. Frazier heir to the estate of John Frazier at 1395 Maple. Item Pulled According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare ow whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: HANKS LO & L1 B1 Litter Control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. If the property owner fails to comply with ten (10) days, staff is requesting the authorization of the City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from local funding. Approval of the ordinance. 6. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by 606 Harold, LLC. Item Pulled According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: MC FADDIN HTS LTS 11- 13 TR 2 LTE 14 &15 TR 1 B 27 Litter Control, Rodent Harboring Minutes — December 3, 2024 Conditions, and Mosquito Harboring Conditions If the property owner fails to comply within ten (10) days. Staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Funds will come from local funding. Approval of the ordinance. 7. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Randy and Virginia Mott at 9080 Washington Blvd. According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is hereby declared to be a nuisance. The legal description and violations of this property are: WESCALDER FIG AC L22-1 B2 Litter Control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. If the property owner fails to comply within ten (10) days, staff is requesting the authorization of the City Council to clean the property and or authorize the City Attorney to seek legal action to have the nuisance abated. Funding will come from local funding. Approval of the ordinance. Mayor Pro Tem Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 9080 WASHINGTON BOULEVARD, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-073 8. Council to consider finding and ratifying the determination of the Public Health Director that public health nuisances exist on the property owned by Rivera Alfredo at 1037 North Street. According to Beaumont's Code of Ordinances Chapter 10 Health and Sanitation, Sec 10.01.001 a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air, or food a hazard or injury to human health is now declared to be a nuisance. The legal description and violations of this property are: CALDER L4 B1 & E1/2 OF L5 B1 & ADJ 10'ALLEY Litter control, Rodent Harboring Conditions, and Mosquito Harboring Conditions. Suppose the property owner fails to comply within ten (10) days. In that case, the staff is requesting the authorization of the City Council to clean the property and or authorize -the City Attorney to seek legal action to have the nuisance abated. Minutes — December 3, 2024 Funding will come from local funding. Approval of the resolution. Councilmember Durio moved t0 ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURE AT 1037 NORTH STREET, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNER(S) HAVE TEN (10) DAYS TO COMPLY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM NEILD, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED ORDINANCE 24-074 COUNCILMEMBER COMMENTS (Councilmember comments can be heard orseen atthe 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: Khalid Mahmood v. City of Beaumont; Cause No. E-198,371 Open SessjOji of the Tina Broussard, City ng,pdjourned at 2:57 p.m. Minutes — December 3, 2024