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Home My WebLink About05/05/2020 MINBEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau., At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III MAYS, 2020 Robin Mouton, Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk 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 May 5, 2020, 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 Presentation and Recognition Public Comment: Persons may speak on scheduled agenda items 1 & 2/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edward Petty gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Neild, Getz (arrived at 1:38 p.m.), Feldschau, Mouton and Samuel.. Also present were Kyle. Hayes, ..City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions 1-7T Public Comment: Persons may speak on scheduled agenda items 1 & 2/Consent Agenda None CONSENT AGENDA Approval of minutes— April 28, 2020 *' Confirmation of committee appointments — None A) Authorize the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Gulf Coast a CRH Company — Resolution 20-095 Minutes — May 5, 2020 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance amending Ordinance No. 20-010 to .amend the public health emergency disaster orders for the City of Beaumont. Governor Greg Abbott recently issued Executive Order No. GA -18 relating to statewide continuity of essential services and reopening the services in the State of Texas. Executive Order No. GA -18 supersedes Executive Order No. GA -16, but does not supersede Executive Order Nos. GA -10, GA -11, GA -12, GA -13, GA -15, or GA -17. The Governor's Executive Orders suspends the applicable provisions of Chapter 418 of the Texas Government Code and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders. In light of these developments, it may -be in the best interest of thecitizens of Beaumont in order to limit inconsistency and confusion, to modify the Local Disaster Orders and defer primarily to the enforcement of the effective Executive Orders of the Governor. Approval of ordinance. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING ORDINANCE 20-010 TO AMEND THE PUBLIC HEALTH EMERGENCY DISASTER ORDERS FOR THE CITY OF BEAUMONT; DEFERRING TO THE EFFECTIVE ORDERS OF THE GOVERNOR OF THE STATE OF TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND PROVIDING FOR REPEAL. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-018 2. Consider an ordinance suspending_ the Local Stay Home -Work Safe Orders of the City of Beaumont. Governor Greg Abbott recently issued Executive Order No. GA -18 relating to statewide .continuity of essential services and reopening the services in the State of Texas. Executive Order No. GA -18 supersedes Executive Order No. GA -16 but does not supersede Executive Order Nos. 'GA -10, GA -11, GA -12, GA=13, GA -15, or GA -17. These Executive Orders are similar .in most respects to the Stay Home -Work Safe Orders issued by the Mayor, as Minutes — May 5, 2020 extended by the City Council. At the same time, the Governor's Executive Orders suspends the applicable provisions of Chapter 418 of the Texas Government Code and any other relevant statutes to the extent that local officials do not impose restrictions inconsistent with the Governor's Orders. In light of these developments, it may be in the best interest of the citizens of Beaumont in order to limit inconsistency and confusion, to suspend the Local Orders and defer to the enforcement of the effective Executive Orders of the Governor. Approval of ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE, CITY OF BEAUMONT SUSPENDING THE STAY HOME -WORK SAFE ORDERS OF THE CITY OF BEAUMONT; DEFERRING TO THE EFFECTIVE ORDERS OF THE GOVERNOR OF THE STATE OF TEXAS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the_motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-019 COMMENTS Public Comments (Persons are limited to three minutes) Jeremy Pavlich 695 Chamberlin Dr. Beaumont TX Thanked Mayor and Council for all that they do, stated that he hates when people say horrible things when someone makes a mistake, it makes him unhappy, left Council with #beaumontwithagoodmayor William R. Sam 1761 Rena St. Beaumont TX Thanked the Mayor for being who she. is, proud of her and her leadership, her hard work, kindness and respect for all people_ all the time, stated that she gives a lot to the City, thanked all of the employees as they all do a fantastic job, thanked the City Manager and City Attorney who have been respectful and professional in the job. that they do, Council has worked hard and represent their constituents well, stated that most of them have been victims of one issue and it's time for that issue to stop While we still have a city, thanked Councilmember Samuel and the Mayor for their long time service Landry Rountree 1565 S. Major Dr. Beaumont TX Stated that on March 3, 2020, when Council voted to censure Councilmember Getz, Councilmembers Feldschau and Neild ask that the censure issue be placed on the next available Executive Session so there could be further discussion regarding the.censure and that.all parties involved could be investigated, it's his understanding from.Councilmember Getz that he was also cussed by City Attorney Tyrone Cooper, there has been five City Council meetings since then and maybe four Executive Sessions and he hasn't seen that Minutes — May 5, 2020 happen and doesn't see it on today's Executive Session, asked that Councilmembers Feldschau and Neild reach out to him and let him know why that hadn't happened, also stated that if the citizens of Beaumont don't like something the best way to affect change is -- change it yourself, if you don't like the actions of Mayor Ames, there is a process which is a recall, City Clerk, Ms. Broussard can help you with it, there has to be five percent of the registered voters which would be a little bit less than a thousand signatures, it could be placed on the next election where your voice can be heard, stated that he disagrees with Mayor Ames with what she has done, also spoke about the issue regarding his tow truck business, stated that the Mayor isn't a person of integrity Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - COMMENTED ON THE AMOUNT OF TRASH THAT HE PICKED UP AROUND HIS HOME, STATED THAT IT'S DISTRESSING THAT THE CITY MOWERS SHREDDED THE PAPER; STATED THAT HE'S NOT SURE WHAT THE CITY POLICY IS REGARDING MOWING IN THE MEDIAN, THOUGHT IT WOULD BE HELPFUL IF THE MOWING STAFF COULD PICK UP PAPER BEFORE THEY MOW, ABOUT 95% OF THE CITIZENS ARE GOOD CITIZENS AND DON'T THROW TRASH OUT IN THE STREET, THEY ALSO OBEY THE LAW, IT'S THAT 5% OR SO THAT IS SELF -ENTITLED THAT THROW TRASH WHEREVER THEY WANT, RUN STOP SIGNS, SPEED OR VIOLATE THE LAWS PUT INTO PLACE TO GUARANTEE PUBLIC SAFETY DURING THIS PANDEMIC, THOSE SELF -ENTITLED PEOPLE THAT DO THINGS LIKE THAT MAKE IT MORE DIFFICULT FOR ALL OF US COUNCILMEMBER FELDSCHAU - READ'A STATEMENT TO THE CITIZENS, STATED THAT THE LAST TWO WEEKS HAVE TRIED AND TESTED BEAUMONT AS A COMMUNITY, WE HAVE FACED OUR HUMANITY WITH FAILURE, ANGER, APOLOGIES AND FORGIVENESS, WOULD LIKE TO COMMEND THE MAYOR AND EVERY MEMBER OF THE COUNCIL FOR SUPPORTING THE RESPONSE IN AN EFFORT TO ADDRESS THE SITUATION AND UNITE THE CITIZENS, AS LEADERS WE AGREE AND ACCEPT THE.FACT THAT OUR CITIZENS HOLD US TO A HIGHER STANDARD, WE CAN ONLY HOPE THAT AS WE REACH FOR IT THEY REMEMBER COUNCIL DOES SO WITH HUMAN HANDS, AS THE PERFECT GOSPEL STORY IS TOLD THROUGH AN IMPERFECT PEOPLE, THE IDEAL OF A BETTER BEAUMONT IS ACHIEVED THROUGH FLAWED LEADERSHIP, STATED THAT HIS HOPE IS THE UNITY DISPLAYED IN THE STATEMENT RELEASED ON FRIDAY, MAY 1, 2020, WILL BE A NEW BEGINNING FORTHE COUNCIL, STATED THAT THIS WEEK HE WAS REMINDED OF THE WORDS OF DR. MARTIN LUTHER KING, "THE ULTIMATE MEASURE OF A MAN IS NOT WHERE HE STANDS IN A MOMENT OF COMFORT AND CONVENIENCE BUT WHERE HE STANDS IN A TIME OF CHALLENGE AND CONTROVERSY", IT'S HIS HOPE THAT Minutes — May 5, 2020 AFTER THE CHALLENGE OF COVID-19 AND CONTROVERSY OF THE LAST TWO WEEKS, THE CITY WILL BE FOUND STANDING TOGETHER AS A COMMUNITY MAYOR PRO TEM PATE - STATED THAT AS MANY KNOW, COUNCIL CAME TOGETHER TO WRITE A LETTER EXPRESSING THEIR CONCERN ABOUT THE ISSUE IN WHICH THE MAYOR WAS INVOLVED IN WITH A NAIL SALON, HE KNOWS THAT A LOT OF CITIZENS STATED THAT THE MAYOR SHOULD RESIGN OR BE, THROWN OUT OF OFFICE, THOSE ARE THINGS THAT AS A COUNCIL THEY CAN'T DO AND WAS EXPRESSED IN THE LETTER, COUNCIL CAN ONLY DO THINGS THAT A MAJORITY OF THE COUNCIL WANTS TO -DO, THANKED COUNCILMEMBERS NEILD, SAMUEL AND FELDSCHAU FOR PUTTING. THE LETTER TOGETHER, ASKED THAT THE CITY MOVE FORWARD, EVERYONE WILL MAKE MISTAKES AND THE CITY COUNCIL HAS ADDRESSED IT, ASKED THAT THE CITY CLERK, TINA BROUSSARD ENTER THIS LETTER INTO THE MINUTES OF THE MEETING, SUGGESTED THAT IF IT ISN'T ON THE WEB SITE THAT IT BE PUT ON THE WEB SITE, GAVE CONDOLENCES TO THE FAMILIES OF JERRY QUEBODEAUX AND RICK KOLANDER COUNCILMEMBER SAMUEL - STATED THAT HE'S MINDFUL OF THE WORDS OF MICHELLE OBAMA "WHEN THEY GO LOW, WE GO HIGH", THANKED THE MAYOR FOR THE INFORMATION THAT WAS PROVIDED ON YESTERDAY, ON LAST WEEK THERE WAS DISCUSSION OF WHAT WOULD HAPPEN TO TRANSIENTS, AS WELL AS WHAT WOULD BE DONE FOR THOSE THAT COULDN'T GET TO THE .LACK BROOKS AIRPORT FOR TESTING, IT'S HIS UNDERSTANDING AS OF NOW THERE'S TESTING THAT'S AVAILABLE AT THE OLD FIRE STATION #1, 747 COLLEGE ST., CITIZENS CAN CALL IF THEY ARE A RESIDENT OF THE BEAUMONT AREA OR IMMEDIATE AREA, AN APPOINTMENT WILL BE SCHEDULED, CITIZENS DON'T HAVE TO HAVE SYMPTOMS OR BE SYMPTOMATIC, THANKED THE MAYOR AND COUNTY JUDGE AND ANYONE ELSE THAT WORKED TOWARD GETTING A TESTING FACILITY IN BEAUMONT THAT IS FREE, THERE STILL HAS TO BE A SOLUTION FOR THOSE THAT ARE FOUND TO BE POSITIVE AND NEED TO BE QUARANTINED AND HAVE NOWHERE TO GO, THIS IS SOMETHING THAT THE MAYOR IS WORKING ON COUNCILMEMBER MOUTON - CONGRATULATED A BEAUMONT NATIVE, NIJAL PEARSON WHO BROKE A SIXTY YEAR BASKETBALL RECORD AT TEXAS STATE COLLEGE, THANKED ALL CITY EMPLOYEES AND FRONTLINE WORKERS FOR ALL THEY DO, COMMENTED ON THE NEW TEMPORARY RESTAURANT ORDER, GAVE CONDOLENCES.TO THE FAMILIES OF COUNCILMEMBER TAYLOR NEILD, KERRY YOUNG, RICHARD MOORE, MARSHALL SCOTT AND PASTOR JERRY YOUNG CITY ATTORNEY COOPER - NONE Minutes — May 5, 2020 CITY MANAGER HAYES - NONE MAYOR AMES - GAVE CONDOLENCES TO COUNCILMEMBER NEILD AND HIS FAMILY ON THE LOSS OF HIS GRANDMOTHER, STATED THAT TODAY WAS CINCO DE MAYO, ALSO STATED THAT SHE TAKES HER POSITION VERY SERIOUSLY AND WANTED TO LET COUNCIL KNOW ABOUT A FEW THINGS REGARDING THE PANDEMIC AND WHAT'S HAPPENING IN THE CITY AS WELL AS WHERE THE CITY IS HOPING TO GO FROM HERE, THERE ARE A LOT OF MOVING PARTS AND A LOT OF PEOPLE WORKING ON IT, WANTED TO THANK EVERYONE WHO'S DILIGENTLY WORKING TO KEEP OUR CITIZENS SAFE EACH AND EVERY DAY, AS COUNCILMEMBER SAMUEL STATED THERE IS A TESTING FACILITY AT 747 COLLEGE ST., THE TESTING WILL BE FOR TODAY ONLY, THE TESTING FACILITY IS PUT ON BY THE GOVERNORS TASK FORCE, TESTING WILL.END AT 6:00 P.M., TODAY, THUS FAR ONLY 34 PEOPLE HAVE BEEN TESTED WITH 20 APPOINTMENTS LEFT, IF ANYONE IS INTERESTED IN GETTING TESTED THEY CAN CALL 512-883-2400 TO SCHEDULE AN APPOINTMENT, THERE IS NO CHARGE AND THEY AREN'T TURNING ANYONE AWAY, THERE'S WORK BEING DONE TO GET MORE SITES AVAILABLE FOR BEAUMONT RESIDENTS, COMMENTED ON THE SEVEN TESTING FACILITIES THAT ARE OPERATING IN BEAUMONT, THERE WILL BE MORE INFORMATION COMING SOON REGARDING PAYMENTS FOR TESTING THROUGH THE CARES ACT there bpinglllo Executive Session, Council adjourned at 2:40 p.m. AmesMyd a Broussard, City Clerk Minutes — May 5, 2020