HomeMy WebLinkAbout08/09/2022 MINT E X A S
MINUTES OF THE CITY OF BEAUMONT
COUNCIL MEETING
Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy I=eldschau, At -Large
Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II
Audwin Samuel, Ward III AUGUST 9, 2022 Chris Durio, Mayor Pro Tern
Tina Broussard, City Clerk Chris Boone, Interim 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 August 9, 2022, 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 and Agenda items 1-5
Mayor Mouton called the council meeting to order at 1:30 p.m.
Pastor Dwight Benoit, with Magnolia Missionary Baptist Church gave the invocation. Mayor Mouton
led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner,
Feldschau, Samuel and Neild. Also, present were Chris Boone, Interim City Manager; Sharae
Reed, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
"Presentation" — Mr. Keith Folsom, Facility Maintenance Director, with the City of
Beaumont, Ron Fletcher, Customer Service Manager and Mr. Mark Delavan, the Energy
Efficiency Coordinator both with Entergy Texas, presented a checkto the City of Beaumont in
the amount of $14,424.00
Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-5
Rhonda Ruben
470 North 15th St. #5
Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Terry Roy
9150 Sheperd
Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Minutes —August 9, 2022
Christopher Matthews 3875 N. Major Dr. Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Tony Renfro 6110 Bankston Ln. Beaumont TX
Spoke regarding item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Jerome Alexander 1118 Evalon St. Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Sam Parigi 445 N. 14th St. Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
Christopher Jones 1045 Doucette Beaumont TX
Spoke regarding Item #1 on the agenda; Consider a resolution appointing Kenneth Williams
to the position of City Manager effective September 6, 2022
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. Approval of the August 2, 2022, City Council Meeting Minutes
B. Authorize the settlement of the claim of Robert Counts - Resolution 22-188
C. Approve a six-month contract for the purchase of phosphate for use by the Water
Utilities Department - Resolution 22-189
Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Durio
seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DUR[O, COUNCILMEMBERS GETZ, TURNER,
EELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
AGENDA
1. Consider a resolution appointing Kenneth Williams to the position of City Manager effective
September 6, 2022.
Minutes - August 9, 2022
Article V of the City Charter defines the requirements of the City Council regarding the
appointment of the City Manager and spells out the duties of the position.
Mr. Williams has over thirty-four years of municipal government experience. Mr. Williams is
the former City Manager for the City of Buda and has also served as the City Manager for the
City of Diboll and the Assistant City Manager for the City of Lufkin.
This item was placed on the agenda by Mayor Robin Mouton.
Funds are available in the General Fund to pay the salary and benefits for this position.
Approval of the resolution.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT KENNETH WILLIAMS IS
APPOINTED CITY MANAGER EFFECTIVE SEPTEMBER 6, 2022, WITH BENEFITS. Mayor Pro Tern Durio
seconded the motion.
After further discussion Councilmember Samuel amended his original motion.
Councilmember Samuel amended his motion to APPROVE THE RESOLUTION AS AMENDED THAT
KENNETH WILLIAMS IS APPOINTED CITY MANAGER EFFECTIVE SEPTEMBER 6, 2022, WITH BENEFITS.
Mayor Pro Tern Durio seconded the motion.
AYES, MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND
SAMUEL
NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD
MOTION PASSED
Resolution 22-190
Councilmember Samuel left the meeting at 3:40 p.m.
2. Consider a request to extend the deadline to commence construction for a school expansion
located at 7720 Park North Drive.
HughenBob Hope School is requesting an extension for the amended Specific Use Permit
issued in July of 2018 to allow the expansion of a school on the south side of Park North
Drive. The City of Beaumont Zoning Ordinance states "Unless construction. . . (is)
commenced and substantially underway within a two-year period, the specific use permit
shall become null and void. Extensions of time for good case may be approved by the city
council. "
In July of 2018, City Council approved ordinance number 18-042 to allow an amended
Specific Use Permit for the expansion of a school in a RM-H (Residential Multiple Family
Dwelling -Highest Density) District with the following conditions:
Meet all Drainage District #6 drainage requirements.
2. Sidewalk must be provided along Park North Drive.
Minutes — August 9. 2022
3. Landscaping must be provided to meet ordinance requirements for parking
areas and buffers.
4. Dumpster must be screened completely from street with fencing and
landscaping and located a minimum of 25` from adjacent properties.
5, Ensure all portable buildings will be accessible via ADA guidelines from the
parking lot drop off area.
6. Modular buildings must meet all City of Beaumont building code requirements.
The applicant is requesting additional time due to funding and Covid-19 pandemic delays.
The Administration recommends a new deadline of August 9, 2023, with the following
conditions:
1. Meet all Drainage District #6 drainage requirements.
2. Sidewalk must be provided along Park North Drive.
3. Landscaping must be provided to meet ordinance requirements for parking
areas and buffers.
4. Dumpster must be screened completely from street with fencing and
landscaping and located a minimum of 25' from adjacent properties.
5. Ensure all portable buildings will be accessible via ADA guidelines from the
parking lot drop off area.
6. Modular buildings must meet all City of Beaumont building code requirements.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN
AMENDED SPECIFIC USE PERMIT TO ALLOW THE CONSTRUCTION OF A SCHOOL EXPANSION IN AN RM-H
(RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 7720 PARK
NORTH DRIVE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
Councilmember Turner seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU AND NEILD
NAYS: NONE
MOTION PASSED
Ordinance 22-043
Councilmember Samuel returned to the meeting at 3:41 p.m.
3. Consider a resolution receiving the proposed FY 2023 Budget and scheduling a public
hearing.
Minutes —August 9, 2022
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget.
The Administration recommends that a public hearing be held on August 23, 2022, at 1:30
p.m. in Council Chambers, located at 801 Main Street. The City Clerk will publish the notice
of the public hearing.
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2023 BUDGET
HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULED FOR AUGUST 23, 2022, AT 1:30
P.M. IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT, TEXAS AND THAT
THE CITY CLERK IS TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO THE CHARTER OF THE CITY
OF BEAUMONT. Councilmember Getz seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-191
4. Consider a resolution receiving the proposed 2023 Capital Program and scheduling a public
hearing.
The proposed 2023 Capital Program was originally submitted to Council on May 10, 2022.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program.
The Administration recommends that a public hearing be held on August 23, 2022, at 1:30
p.m. in Council Chambers, located at 801 Main Street, The City Clerk will publish the notice
of the public hearing.
Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE PROPOSED FY 2023
CAPITAL PROGRAM HAS BEEN RECEIVED AND A PUBLIC HEARING IS HEREBY SCHEDULE FORAUGUST
23, 2022, AT 1:30 P.M., IN THE CITY COUNCIL CHAMBERS, CITY HALL, 801 MAIN STREET, BEAUMONT,
TEXAS AND THAT THE CITY CLERK IS TO PUBLISH NOTICE OF SAID PUBLIC HEARING PURSUANT TO THE
CHARTER OF THE CITY OF BEAUMONT. Councilmember Feldschau seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS: NONE
MOTION PASSED
Resolution 22-192
Minutes — August 9, 2022
5. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for
election purposes.
As a result of the 2020 decennial census, it has been determined that a decrease in
population in the City of Beaumont has caused the existing ward boundaries of the City of
Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the
City of Beaumont gives to the City Council the responsibility of changing ward boundaries
from time -to -time as the Council may deem expedient so that each ward shall contain, as
nearly as possible, the same number of electors. The proposed ordinance adjusts the ward
boundaries to comply with the Charter of City of Beaumont. The next City election is May 6,
2023.
Approval of ordinance.
Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING
A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCILMEMBER WARD BOUNDARIES IN
RESPONSE TO THE 2020 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING THIS ORDINANCE
BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY;
PROVIDING FOR INJUNCTIONS. Councilmember Getz seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU AND NEILD
NAYS: COUNCILMEMBER SAMUEL
MOTION PASSED
Ordinance 22-042
PUBLIC HEARING
Receive comments related to amending the Tax Abatement Agreement with Suez
Water Technologies & Solutions, Inc.
Public Hearing Open: 3:47 p.m.
None
Public Hearing Closed: 3:47 p.m.
6. Consider authorizing the Interim City Manager to amend the Tax Abatement Agreement with
Suez Water Technologies & Solutions, Inc.
The city was recently approached by Suez Water Technologies & Solutions, Inc. requesting
an amendment to the existing Tax Abatement Agreement originally entered into on
December 22, 2020, with authorization by Council. This request is due to supply chain issues
which have prevented completion of the project, necessitating a delay in the start date for
said abatement. The request is to adjust the start date of the tax abatement to begin January
1, 2023, and terminate December 31, 2027, whereas the original agreement was to begin
January 1, 2022, and end December 31, 2026.
Minutes — August 9, 2022
In order to move forward with investments of $40 million in upgrades to their existing plant
located on College Street, just west of the Municipal Airport, they must secure these tax
abatements. In October 2020, the City created the Suez WTS USA, Inc. -Project Clear
Reinvestment Zone, allowing for tax abatements in accordance with Chapter 312 of the
Texas Tax Code.
Attached is the amended Tax Abatement Agreement from Suez Water Technologies &
Solutions, Inc., outlining their proposal. The project would result in approximately seventy-
five (75) construction jobs and the retention of sixty (60) existing full-time jobs. The proposed
abatement agreement would result in an abatement of City taxes on the new improvements
in the amount of 100% during project completion, 100% for the first year, 90% for the second
year, 80% for the third year and 70% for the final year. The proposed abatement meets the
criteria and conditions set forth in the City's Reinvestment Zone Tax Abatement Policy,
adopted in September 2020. All area taxing entities have been notified of the proposed
agreement.
Council to conduct the Public Hearing and approve the resolution.
Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER
BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE TAX ABATEMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND SUEZ WTS USA, INC. TO ADJUST THE
STARTING DATE OF THE TAX ABATEMENTS TO BEGIN JANUARY 1, 2023 AND CONTINUE TO DECEMBE,R
31, 2027 INSTEAD OF JANUARY 1, 2022 TO DECEMBER 31, 2026 DUE TO SUPPLY CHAIN ISSUES
WHICH HAVE PREVENTED COMPLETION OF THE PROJECT, NECESSITATING A DELAY IN THE START
DATE FOR SAID ABATEMENT. Councilmember Neild seconded the motion.
AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER,
FELDSCHAU, SAMUEL AND NEILD
NAYS; NONE
MOTION PASSED
Resolution 22-193
COMMENTS
Public Comments (Persons are limited to three minutes)
Steve Hoffman 7045 Blarney St. Beaumont TX
Spoke to Council regarding the Battleship Texas, stated that this will be one of the best
things that will come to Beaumont, TX, commented on a conversation he had with an old
friend Mr. Jim Stokes who's from Beaumont, TX and was the President of the Beaumont
Chamber of Commerce, the city has some serious decisions to make regarding the
Battleship Texas or Baytown, TX will get the ship and Beaumont won't get it back
Derrick Shepeard & Montez Powell 2445 Gollad St. Beaumont TX
Spoke to Council regarding their organization called Highways and Hedges which is a
national outreach organization, stated that they are in the City of Beaumont because the
Minutes — August 9, 2022
organization wants to hold a massive event called "March for Hope", the organization has
been in multiple cities, they are in partnership with Houston, TX, their Chief of Police Troy
Finner and Mayor Sylvester Turner, they have transformed lives through gospel concerts and
marches, stated that they are requesting to do a march with about 300 to 400 people on
Crow Road, asked if they could get some assistants to aide the organization with escorts to
march from Crow Road to the concert setting, they are here to help Beaumont with the crime
in the area, the march will take place on August 27, 2022, starting at 3780 Crow Rd
Christopher Jones 1045 Doucette Ave. Beaumont TX
Thanked Council for their decision on today to hire a new City Manager, looks forward to
working with this individual, stated that he's never seen a process so grueling, not even with
the former City Manager, appreciates three of his elected for pushing the envelope forward
and making sure that the city secures a prideful future no matter who takes us there
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - NONE
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER FELDSCHAU - NONE
COUNCILMEMBER TURNER - NONE
COUNCILMEMBER GETZ - COMMENTED ON THE NEW ELVIS MOVIE THAT'S OUT, STATED IF
ANYONE HASN'T SEEN IT, THEY SHOULD GO SEE IT, IT'S A
REALLY GOOD MOVIE
MAYOR PRO TEM DURIO - THANKED KEITH FOLSOM, FACILITY MAINTENANCE DIRECTOR
AND HIS STAFF ALONG WITH ENTERGY FOR PRESENTING THE
CITY WITH THE CHECK AND SAVING THE, CITY MONEY, HAD THE
PLEASURE ON SATURDAY TO ATTEND THE 90TH BIRTHDAY
PARTY FOR MR. SAM PETERSON AND READING A
PROCLAMATION AS THE MAYOR WAS UNABLE TO ATTEND,
STATED THAT LAST WEEK HE RECEIVED A CALL FROM PASTOR
KENNEDY ANDREWS WITH HARVEST OF LOST SOULS
CHURCH, VOLUNTEERS WERE IN BEAUMONT FROM BEACON
CHURCH LOOKING FOR WORK TO DO, HE MADE SOME PHONE
CALLS AND WAS ABLE TO GET THEM OUT TO THE BOTANICAL
GARDENS AT TYRRELL PARK, THEY WERE ABLE TO GO OUT
AND PULL WEEDS, HE HAD THE PLEASURE OF WORKING WITH
THE VOLUNTEERS, THANKED THEM FOR COMING TO
BEAUMONT, STATED THAT THE PROCESS OF HIRING A CITY
MANAGER WAS A DIFFICULT PROCESS BUT HE IS STILL GOOD
WITH EVERYONE ON COUNCIL, THEY CAN AGREE TO DISAGREE,,
TOLD COUNCIL HE LOVES THEM ALL AND THERE'S NOTHING
THEY CAN DO ABOUT IT
Minutes — August 9, 2022
CITY ATTORNEY REED - NONE
INTERIM CITY MANAGER BOONE - NONE
BART BARKOW[AK, PW - NONE
TODD SIMONEAUX, CFO - ASKED THAT COUNCIL TAKE THE TIME TO CALL HIM AND HE
WOULD BE HAPPY TO MEET WITH ANY OF THEM ABOUT THE
BUDGET PROCESS, STATED THAT THE STATE OF TEXAS HAS
CHANGED THE PROPERTY TAX RATE TWICE IN THE LAST THREE
YEARS, IT'S RATHER COMPLICATED, THE MORE HE CAN
EXPLAIN BEFORE THE WORKSHOP THE MORE THEY WILL
UNDERSTAND ABOUT THE RATE SETTING PROCESS, THIS WILL
LEAD TO A MORE PRODUCTIVE WORKSHOP
MAYOR MOUTON - STATED THAT SHE WAS IN PHOENIX, AZ ATTENDING A HUMAN
RIGHTS COMMUNICATION WORKERS OF AMERICA
CONFERENCE, SHE WAS THE GUEST SPEAKER AND WAS
UNABLE TO ATTEND THE CANDLELIGHT VIGIL FOR FALLEN
POLICE OFFICER SHEENA YARBROUGH-POWELL, STATED TO
THE YARBROUGH-POWELL FAMILY THAT THEY WILL ALWAYS
BE IN HER PRAYERS, THANKED SHARAE REED, CITY
ATTORNEY AND HER STAFF FOR ALL OF THEIR HARD WORK,
RECOGNIZED CAL BONES, COUNCILMEMBER WITH THE CITY OF
PORT ARTHUR FOR ATTENDING THE MEETING, AS WELL AS
PRESIDENT EMERITUS VERNON DURDEN FROM THE 100
BLACK MEN, THANKED KEITH FOLSOM, FACILITY
MAINTENANCE DIRECTOR AND HIS STAFF ALONG WITH
ENTERGY FOR PRESENTING THE CITY WITH THE CHECK,
THANKED MAYOR PRO TEM ❑URIO FOR ATTENDING MR.
PETERSON'S. 90TH BIRTHDAY PARTY AND READING THE
PROCLAMATION FOR HER, THANKED EVERYONE FOR COMING
OUT, THEY GOT TO SEE THE COUNCIL WORK TO THE FULLEST
TODAY AND SAW THE PROCESS GO FORWARD, THEY WERE A
PART OF ANOTHER HISTORY MAKING MOMENT IN BEAUMONT,
MR. WILLIAMS WILL BE THE FIRST AFRICAN AMERICAN CITY
MANAGER IN THE HISTORY OF BEAUMONT, GO OUT AND
SPREAD THE LOVE
being no Execu e Session, Council adjou
Rooir Mouton,
Tina Broussard, City Cle
Minutes — August 9, 2022