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HomeMy WebLinkAbout10/20/2020 MINBEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau, Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III OCTOBER 20, 2020 Robin Mouton, Ward IV Tyrone 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 October 20, 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 1-4/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Reverend Robert Sartan, Associate Minister of Cathedral of Faith Baptist Church 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 Tern Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Absent: Tyrone Cooper, City Attorney. Also present were Kyle Hayes, City Manager; Sharae Reed, 1st Assistant City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda None CONSENT AGENDA * Approval of minutes — October 13, 2020 Confirmation of board and commission member appointments - None A) Approve the purchase of two street sweepers for use in the Streets & Drainage Division — Resolution 20-223 Minutes — October 20, 2020 B) Approve the purchase of two excavators and three track loaders for use in various City Departments - Resolution 20-224 C) Approve the purchase of a new ambulance box - Resolution 20-225 D) Approve the renewal of an annual maintenance and software agreement with WatchGuard Video for use in the Police Department - Resolution 20-226 E) Approve the purchase of edraulic tools for use in the Fire Department - Resolution 20-227 F) Approve a contract with Ana -Lab Corporation of Kilgore for Wastewater Laboratory Services - Resolution 20-228 G) Approve a payment of dues to the South East Texas Regional Planning Commission (SETRPC) for Fiscal Year 2021 - Resolution 20-229 H) Approve a resolution changing authorized signatories for the City of Beaumont's Transit System Clearing Account held at Wells Fargo Bank, NA - Resolution 20-230 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED DISCUSSION ITEM Review and discuss a proposed Tyrrell Park Detention Project Dr. Joe Majdalani, with Drainage District 6 reviewed and discussed a proposed Tyrrell Park Detention Project. The discussion included steps to be taken regarding the grant application such as DD6 and the City doing a joint application with the Texas General Land Office for funding under the Hurricane Harvey CDBG-MIT competition. Dr. Majdalani stated that DD6 will be the lead jurisdiction and the estimated cost of $49,380,000. The project information was discussed, the project site is 600 acres with 350 acres of wet area, 3.5 million cubic yards of excavated material, 2,100 acres of feet storage volume (684,288,000 Gal) and 9 feet of average depth (100-yearflood), there will be a dry bottom in normal conditions. DD6 will provide local funds in the amount of $488,910,000 with a duration of three years construction. Hillebrandt Bayou will see lower floodwater surface as a result of this storage. Minutes — October 20, 2020 GENERAL BUSINESS Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed Tyrrell Park Detention Project and to submit an application to the Texas General Land Office for funding for the Project. The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds. This project will focus on creating a new detention pond to help with drainage in the Tyrrell Park area of Beaumont. DD6 will serve as the primary grant recipient for the project. The City of Beaumont and DD6 agree to split the required 1 % match 50/50. The estimated project cost is $49,605,050. Funds will come from the Capital Program — Streets and Drainage Improvements Fund. The estimated cost to be paid by the City is $248,025.25. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION TO INCLUDE THAT DD6 WILL TOTALLY FUND 1 % OF THE PROJECT AND WHICHEVER WAY THE LAND WILL BE MAINTAINED BY DD6 COUNCIL WILL APPROVE AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 (DD6) FOR THE TYRRELL PARK DETENTION PROJECT AND THAT THE CITY MANAGER IS HERE AUTHORIZED TO SUBMIT AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE FOR FUNDING FOR THE TYRRELL PARK DETENTION PROJECT. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-231 2. Consider a resolution authorizing the City Manager to submit an application to the Texas General Land Office (GLO) for Community Development Block Grant —Mitigation (CDBG-MIT) Program funding for a new Water Treatment Plant. Hurricane Harvey severely impacted the City of Beaumont and the City's ability to produce treated water. In order to increase resiliency within the Water System, anew west end Water Treatment Plant, to work in conjunction with our existing Water Plant on the east side of town, is proposed. The proposed new plant would be located in the west end of Beaumont out of the areas flooded by Harvey. The plant would use raw water from the LNVA canal system to produce treated water and would replace the current Loeb groundwater treatment system. The estimated cost of the project is $98,893,419.90 with a required 1 % match in the amount of $988,934.20. Minutes — October 20, 2020 Funds will come from the Capital Program —Water Improvements Fund. The estimated cost to be paid by the City is $988,934.20. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-232 3. Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD6) for the proposed South Park Drainage Project and to submit an application to the Texas General Land Office for funding for the Project. The City and DD6 will submit a joint application to the Texas General Land Office (GLO) for Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds for a proposed South Park Drainage Project. This project will focus on creating a new river diversion and tying into the storm drainage system serving South Park. The City of Beaumont will be the primary grant recipient for this project. The City of Beaumont and DD6 agree to split the required 1 % match 50/50. The estimated project cost is $49,000,000. DD6 agrees to reimburse the City for 50% of the match costs not to exceed $245,000.00. Funds will come from the Capital Program — Streets and Drainage Improvements Fund. The estimated cost to be paid by the City is $245,000.00. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT -MITIGATION (CDBG-MIT). Councilmember Neild seconded the motion. Minutes — October 20, 2020 AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-233 4. Consider a resolution approving the purchase of 25 vehicles for use in various City departments. Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost effective to operate. The vehicles to be purchased are replacing models ranging from 2000 to 2017, except one Ford F-450 crew model truck that will be an addition to the City's Water Reclamation fleet. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,026,601.58. Pricing was obtained through the GoodBuy purchasing cooperative, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Funds will come from the Capital Reserve Fund ($825,782.25), Water Utilities Fund ($168,409.38), Solid Waste Fund (32,409.95). Approval of the resolution. Mayor Pro Tern Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWENTY-FIVE (25) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS FROM SILSBEE FORD, SILSBEE, TEXAS, IN THE AMOUNT OF $1,026,601.58 THROUGH THE GOODBUY COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 20-234 PUBLIC HEARING Receive comments on a proposal to establish the Suez WTS USA, Inc. -Project Clear Reinvestment Zone Minutes — October 20, 2020 Public Hearing Open: 2:15 p.m. None Public Hearing Close: 2:15 p.m. 5. Consider approving an ordinance establishing the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose of offering economic incentives. Under Texas law, cities are allowed to offer a variety of economic development incentives in order to attract new development as well as encourage the expansion and upgrading of existing industries. One important incentive that a city can offer is a tax abatement under Chapter 312 of the Texas Tax Code which allows for abatement of taxes in exchange for substantial capital investment and job creation. Cities wanting to offer tax abatements must do so in accordance with an adopted Tax Abatement Policy and the abatement must occur within an established Reinvestment or Enterprise Zone. The City's Tax Abatement Policy was last approved in August 2020. Suez Water Technology Solutions, located on College Street, just west of the Municipal Airport, recently approached the City, seeking incentives for a potential investment of $40 million in the upgrading of their existing facility. This would result in approximately 75 construction jobs and the retention of 60 full-time jobs. In order to consider this abatement at a future meeting, the Administration is proposing the establishment of the Suez WTS USA, Inc. -Project Clear Reinvestment Zone for the purpose of commercial and industrial tax abatements. The boundaries of the proposed Zone are attached and, in accordance with Chapter 312 of the Tax Code, the designation of this area will likely result in the retention or expansion of primary employment and major investment. Once the Zone has been established, any abatement requests would be presented to City Council for consideration. All area taxing entities have been notified of the proposal to designate this zone. Council conduct the Public Hearing and approve the Ordinance. Mayor Pro Tern Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DESIGNATING AN AREA AS THE SUEZ WTS USA, INC. REINVESTMENT ZONE PURSUANT TO THE TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT (TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX INCENTIVES; PROVIDING FOR SEVERBILITY; AND PROVIDING FOR REPEAL. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 20-059 Minutes — October 20, 2020 COMMENTS Public Comments (Persons are limited to three minutes) Robert Dunn Sr. Darrell Antwine 6340 Durango Dr. 7960 Silverleaf St. Beaumont TX Beaumont TX Stated that they both are School Board Trustees for BISD, both spoke to Council regarding the school crossing guards, stated that they were confused as to why the city has chosen to stop working with BISD when it comes to the crossing guards, the children are their most precious commodity, the streets belong to the city, they want to make sure that the kids are safe, was told by a City Councilmember that at one of the meetings it was stated that a section of the City Charter was read where the city divorced BISD, they also understand that the charter is years old, the school district has been working with the city for over 25 years, and for the city to stop protecting the citizens was very alarming to them, the school district has done over $395,000 of business through MOU's with the city for emergencies and other things, the resolution was signed but the district isn't happy with it, asked that Council take another look at this, the district does want to continue working with the city on all aspects even when it comes to emergencies, the school district has helped with the use of buses to transport evacuees and to use schools as shelters etc. Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GETZ - ASKED THE CITY MANAGER ABOUT THE OCCUPANCY OF THE COUNCIL CHAMBERS AND HOW IT'S DETERMINED AS TO HOW MANY PEOPLE CAN ENTER THE CHAMBERS DURING A COUNCIL MEETING OR A PLANNING AND ZONING MEETING, WANTED TO KNOW IF THE CITY WAS OPERATING UNDER THE GOVERNORS DIRECTION OF 75% OCCUPANCY, (THE MAYOR STATED THAT THE CITY WAS OPERATING UNDER 50%, THAT'S WHAT THE GOVERNORS ORDER SAYS FOR PUBLIC FACILITIES UNLESS IT'S CHANGED, ASKED THAT LEGAL PLEASE DOUBLE CHECK THAT, ANNOUNCED THAT THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION WILL MEET VIRTUALLY ON TUESDAY, OCTOBER 20, 2020, GAVE CONDOLENCES TO STEVE AND NANCY HOFFMAN ON THE LOSS OF THEIR SON, COMMENTED ON THE CROSSING GUARD/BISD ISSUE, ANNOUNCED ON SATURDAY, OCTOBER 24, 2020, THE SOUTH EAST TEXAS PLANNING COMMISSION WILL HAVE A HAZARDOUS WASTE COLLECTION EVENT IN BRIDGE CITYAT 1029 W. ROUNDBUNCH RD., FROM 8:00 A.M. TO 1:00 P.M., ALSO THE SYMPHONY OF SOUTH EAST TEXAS WILL BE PERFORMING IN PERSON AT THE BEAUMONT CIVIC CENTER, SATURDAY, OCTOBER 24, 2020, AT 7:30 P.M. Minutes - October 20, 2020 COUNCILMEMBER NEILD - COMMENTED ON THE CROSSING GUARD ISSUE, READ FROM THE CHARTER WHAT IT STATES REGARDING THE CITY OF BEAUMONT AND BISD AND WHAT WAS APPEALED WAS DONE IN 2003, DOESN'T KNOW HOW THE PREVIOUS SPEAKERS STATED THAT THIS WAS DONE OVER 30 YEARS AGO, ALSO STATED THAT WHEN THE CITY WAS HELPING WITH CROSSING GUARDS BISD DIDN'T HAVE A POLICE FORCE AS THEY DO NOW WHICH COST THE SCHOOL DISTRICT AROUND $3.5 MILLION DOLLARS, ON THE SCHOOL DISTRICT'S WEB SITE THAT'S ONE OF THE THINGS THEY TALK ABOUT, THE MANAGING OF THE CROSSING GUARDS, OUT OF ALL THE SCHOOLS THAT BISD HAVE IT'S HIS UNDERSTANDING THAT ABOUT EIGHT OF THE SCHOOLS HAVE BEEN TURNED OVER TO CHARTERS BECAUSE THEY ARE FAILING, IT'S HIS UNDERSTANDING THAT THE CITY HAS STILL BEEN PROVIDING CROSSING GUARDS FOR THOSE SO HE'S NOT CLEAR ON WHAT THE DIFFERENCE IS BETWEEN A CHARTER SCHOOL THAT'S RUN/OWNED BY BISD VERSUS EVERY OTHER CHARTER SCHOOL IN THE CITY, THINKS THAT THEY ARE GETTING INTO A LOT OF GREY AREAS AND AT THE END OF THE DAY IT'S BISD'S RESPONSIBILITY TO GET KIDS TO SCHOOL SAFELY AND PROPERLY EDUCATE THEM, DOESN'T THINK THE CITY OF BEAUMONT TAX PAYERS SHOULD BE PAYING TWICE FOR THE CROSSING GUARDS MAYOR PRO TEM FELDSCHAU - EVERYONE UNDERSTANDS THAT WE ARE IN AN ELECTION CYCLE, THE NUMBERS ARE EXTREMELY HIGH FOR EARLY VOTING, REGARDLESS OF YOUR POLITICAL VIEWS, VALUES OR AFFILIATION EVERYONE CAN AGREE THAT THE POLITICAL PROCESS AND PARTICIPATION IS A GOOD THING, ENCOURAGED THOSE THAT HAVEN'T VOTED TO PLEASE DO SO, EARLY VOTING ENDS OCTOBER 30, 2020 COUNCILMEMBER PATE - REITERATED WHAT MAYOR PRO TEM FELDSCHAU STATED REGARDING VOTING, IT'S A RIGHT, A PRIVILEGE AND A RESPONSIBILITY, STATED THAT IT'S BREAST CANCER AWARENESS MONTH, WILL CONTINUE TO ENCOURAGE EVERYONE TO SEE THEIR DOCTOR, AS EVERYONE KNOWS CANCER CAN KILL, APPRECIATES ALL THAT THE CITY STAFF CONTINUES TO DO AFTER A STORM COUNCILMEMBER SAMUEL - ENCOURAGED EVERYONE TO GO OUT AND VOTE, THOSE WHO HAVE NOT DON'T WAIT UNTIL ELECTION DAY, CAST YOUR VOTE WHILE YOU CAN BECAUSE TOMORROW ISN'T PROMISED, EVERY VOTE COUNTS, IF YOU WANT CHANGE YOU HAVE TO BE A PART OF MAKING THE CHANGE, IT'S OUR RESPONSIBILITY COUNCILMEMBER MOUTON - GAVE CONDOLENCES TO THE FAMILY OF GERALDINE KNIGHTEN RUSSELL, ENCOURAGED EVERYONE TO GET OUT AND VOTE, DON'T WAIT, MAKE YOUR VOICE COUNT CITY ATTORNEY COOPER - ABSENT Minutes — October 20, 2020 1ST AsST. CITY ATTORNEY REED- NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THERE WAS A VERY LOUD WARNING SIGNAL THAT WAS HEARD IN THE DOWNTOWN AREA EARLIER, INFORMED EVERYONE THAT IT'S NOTHING TO BE ALARMED ABOUT, AS SHE UNDERSTANDS IT, IT WAS A LIGHTENING WARNING SYSTEM THAT WAS PUT IN BY JEFFERSON ENERGY, THE SYSTEM LETS THE PLANT KNOW WHEN THERE IS LIGHTENING WITHIN FIVE TO SEVEN MILES OF THE PLANT, THE WARNING GOES OFF AGAIN WHEN IT'S SAFE FOR THE EMPLOYEES TO REENTER THE PLANT, THE PLANT IS LOCATED IN ORANGE COUNTY, IT CAN BE HEARD IF YOU ARE IN THE DOWNTOWN AREA there being n Executive Session, Council adjourned at 2:36 p.m. cky Ames, yor ha BrolOssard, City Clerk 6 U Minutes — October 20, 2020