The URL can be used to link to this page

Home My WebLink About01/24/2023 MIN TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel,Ward III JANUARY 24, 2023 Chris Durio, Mayor Pro Tem 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 January 23, 2023, 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 Recognitions • Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-11 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Steve Im with Beaumont Seventh-Day Adventist 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 (arrived at 1:34 p.m.), Turner, Feldschau, Samuel and Neild. Also, present were Kenneth R. Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Presentation" —The Greater Beaumont Chamber of Commerce Economic Development Presentation, Given by Mr. Steve Ahlenius, President and CEO "Presentation"— Presentation by Mr. John Mata, who is the Director of Field Services with the International Association of Plumbing and Mechanical Officials Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comments were moved to the beginning of the meeting due to the weather. Public Comments, Consent Agenda and Agenda Items 1-11: Minutes—January 24,2023 Addle Allen 9695 Gross St. Beaumont TX Stated that at the January 10, 2023, meeting she asked the question whether the city was insured or self-insured, stated that the notes reflected that she said under insured, also questioned if the City had a public assistance program, that wasn't mentioned in the notes as well, also spoke regarding Item D; a contract with Legacy Community Development Corporation for the use of HOME Investments Partnership funds from the Department of Housing and Urban Development, Item F; the execution of a Mutual Aid Agreement and four addendums with BISD which will supersede all prior mutual aid agreements or memorandums between the City and BISD, also spoke on Item #7 on the Agenda; agreement with Evergreen Solutions, LLC to conduct a compensation and classification study, Item#8; to apply for and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Highway Safety Improvements Program, stated that on Major Dr., there's a railroad track that intersects with McLean St., the railroad is in terrible condition, there's a rail that's coming up and damaging their cars Ivory North 5261 Sunset Ave. Beaumont TX Spoke to Council regarding the area that she lives in, South Park, stated that there are three properties located at 5375, 5395 and 5261 Sunset, stated that she's reached out to Code Enforcement many times regarding the properties, they are unsecure, grass isn't being cut, they are not being maintained, stated she's being told that the department heads are out running errands on company time and that they are really busy, stated that she's a tax payer and for her that's unacceptable, asked for a return phone call and she's not getting that, asked that Council help her with this situation, also wanted to know who was her Councilmember for that area Joshua Hollub 4828 Pine Ave. Pasadena TX Spoke in support of the 2021 Uniform Plumbing and Mechanical Code, stated that their industry was built around these codes and these are the only codes that continue to grow with the industry and for the end user, much of their business includes chemical and refining plants and a lot of plant services, stated that they service over seventy five (75) of the plants including some here in Beaumont, also the Coca Cola Bottling Plant, all buildings that are being built are built using the 2021 Code, appreciates what the City of Beaumont has done for their company John Diaz 1635 W. Lucas Beaumont TX Stated that he graduated from John J. French High School in 1985 and has been a resident of the City of Beaumont for most of his 57 years except for the four years that he enlisted into the United States Air Force, stated that he has a vested interest in the City, he and his wife have owned their business Beaumont Plumbing since 2006, commented on the older homes in Beaumont and the plumbing and fixtures that have changed over time, stated that the plumbing industry has changed drastically over time and there's a need for the 2021 Plumbing and Mechanical Code Sam Marchand 640 Kennedy Beaumont TX Stated that he serves on the Beaumont Youth Advisory Council and has been selected as the liaison to the City Council, for the first time youth in Beaumont now have a platform to Minutes—January 24,2023 speak up for actual positive change, not just platitudes or lofty statements but actual concrete progress, it's his sincere hope that they can begin to undue the decades old mantras, stagnation and the decline in Beaumont, a robust Youth Advisory Council can show the young people here in Beaumont to have a bright and vibrant future and that the city is finally making good on investing in that future, it's his intent to help the Council and make good on its purpose to harness the value and power of Beaumont's greatest resources the youth, so far. the Youth Council has tackled important issues plaguing the city from crime, homelessness to the dilapidated downtown area, over the next semester the Youth Council hopes to be a critical youth input for the City Council and others to provide unique insight that only youth can give, read a quote by Theodore Roosevelt Charlie Crabbe 928 East Dr. Beaumont TX Spoke to Council regarding an issue that came up at the last meeting to economize the bus system,would like to see the smaller buses and hopes they are comfortable inside,thanked Council for their service Jeremy Povalich 8596 Rice Dr. Lumberton TX Stated that it gives him great pleasure to see the city that he loves once again publicly show support for an industry that is very dear to him, which is plumbing, stated that this city and most of the Councilmembers stood by the plumbing industry in the 86th Legislative Session and helped plumbers across Texas, stated that the City of Beaumont sent their plumbing inspector to testify, they went on public record and took a stance that plumbers needed licensed plumbers in the great State of Texas, appreciates those that fought the good fight and once again here to witness the City moving forward to find ways to straighten and support the plumbing industry, the UPC is the gold standard of the plumbing code and is used all over the world, even in the material and the fixtures that we all use, stated that he and the majority of the plumbers are thoroughly trained in the UPC,thanked Council for all of their support James Eller 3587 E. Lucas Beaumont TX Stated that on November 7, 2022, at the joint BISD and City meeting he spoke about body cameras worn by the Beaumont Police Department, stated that there is a majority black Council, wants the City to push for the protection of young black youth which is now 48% black and 31% white, blacks are the majority of the city and they aren't being protected, stated that he has seen handcuffed teenagers and young adults being pushed down to the ground and abused by Beaumont PD, would like to have the City of Beaumont release camera footage like many other cities do to be able to see these officers, asked that the bad officers be removed that abuse our citizens, also spoke about houses and properties, stated they are not being governed under the same code, employees of the City of Beaumont drive by certain facilities and they don't enforce compliance on them, just wished everyone was judged the same • James Callas • 5375 Rosemary Beaumont TX Commented on three of his properties that are on the red tag homes, he had three and now he has one, stated that during the freeze he was extremely proud of the City for the warming stations that were out for those that needed them, thanked all of the City staff that he deals with, they have been wonderful • Minutes—January 24,2023 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 January 10, 2023, City Council Meeting Minutes B. Authorize the City Manager to award a.contract to TRP Construction Group, LLC, of Fort Worth, for the Citywide Pavement Markings, Phase II Project - Resolution 23-021 C. Authorize the City Manager to execute Change Order No. 7, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lift Station & WWTP Repairs Tropical Storm Harvey Group 4 Lift Stations Project - Resolution 23-022 D. Authorize the City Manager to enter into a contract with Legacy Community Development Corporation for the use of HOME Investments Partnerships funds from the Department Housing and Urban Development - Resolution 23-023 E. Authorize the limited and temporary use of golf carts on city streets from February 15, 2023, through February 20, 2023, in conjunction with Mardi Gras Southeast Texas - Resolution 23-024 F. Authorize the Mayor, City Manager, City Attorney and Emergency Management Coordinator to execute a Mutual Aid Agreement and four addendums with the Beaumont Independent School District which will supersede all prior mutual aid agreements or memorandums of agreement between the city and BISD - Resolution 23-025 G. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in the 4th Street Extension at the Mustang CAT Facility-Resolution 23- 026 H. Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement located at 4965 Fannett Road - Resolution 23-027 I. Approve a resolution adopting the 2022 Jefferson County Mitigation Action Plan-Resolution 23-028 J. Authorize the settlement of the claim of Stacey Lewis - Resolution 23-029 Councilmember Feldschau moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes—January 24,2023 AGENDA 1. Consider approving an ordinance calling the General Election for May 6, 2023, to elect a Mayor,two (2) Councilmembers-At-Large, and four(4)Ward Councilmembers(one each for Ward I, II, Ill and IV); and approving a Runoff Election if necessary on June 10, 2023. The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont is designating the first Saturday of May to conduct this election and will conduct a joint election with the Beaumont Independent School District and the Port of Beaumont. The City of Beaumont will elect a Mayor, two (2) Councilmembers-At-Large, and four(4) Ward Councilmembers (one each for Wards I, II, Ill and IV). The Port of Beaumont will elect one (1)Ward 4 seat and one (1)At-Large seat. The Beaumont Independent School District will elect one(1) District 4 seat and (2) At-Large seats; and approving a Runoff Election, if necessary, on June 10, 2023. Funds are available in the City Clerk's budget. Approval of ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 6TH OF MAY, 2023, FOR THE PURPOSE OF ELECTING A MAYOR, TWO (2) COUNCILMEMBERS-AT-LARGE AND FOUR (4) WARD MEMBERS (WARDS I, II, III AND IV) AND; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FORA JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT AND PORT OF BEAUMONT;AND CONTAINING THE OTHER PROVISIONS RELATING TO THE SUBJECT AND APPROVING A RUNOFF ELECTION IF NECESSARY ON THE 1 OTH DAY OF JUNE, 2023. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-005 2. Consider authorizing the City Manager to award a contract to Callan Marine, Ltd., of Galveston, for the Riverfront Park Restoration FEMA No. 6499 Project. The Riverfront Park Restoration FEMA No. 6499 Project consists of the installation of a new sheet pile wall, dredging, demolition, a new concrete dock, subsurface drainage, civil site work, a new retaining wall outfall, restoration of 2-48" drain lines, sidewalks, handrails, irrigation, repairs to the pavilion roofs, electrical and lighting work and miscellaneous park items as called out in the plans. On December 22, 2022, five (5) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $20,000,000.00. The bid totals are indicated in the table below: Minutes—January 24,2023 Contractor Location Base Bid Amount Callan Marine, Ltd. Galveston, TX $16,879,376.00 McCarthy Building Companies, Inc. Channelview, TX $17,898,850.00 BO-MAC Contractors, Ltd. Beaumont, TX $18,725,752.00 Orion Construction, LLC Houston, TX $19,361,300.00 Russell Marine, LLC Channelview, TX $20,433,800.00 Lanier&Associates Consulting Engineers and Public Works Engineering staff recommends this project be awarded to the lowest bidder, Callan Marine, Ltd., in the amount of $16,879,376.00. A total of 550 calendar days are allocated for completion of the project. Capital program in the amount of$421,984.40, Texas Division of Emergency Management (TDEM) in the amount of $1,265,953.20, and Federal Emergency Management Agency (FEMA) in the amount of$15,191,438.40. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO CALLAN MARINE, LTD., OF GALVESTON, TEXAS, IN THE AMOUNT OF$16,879,376.00, FOR THE RIVERFRONT PARK RESTORATION FEMA NO.6499 PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CALLAN MARINE, LTD., OF GALVESTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-030 3. Consider authorizing the City Manager to award a contract to Gulf Coast, a CRH Company, for the 4th Street Roadway Rehabilitation Project. The 4th Street Roadway Rehabilitation Project consists of milling the existing asphalt pavement, concrete pavement repairs, concrete curb and gutter repairs, crack and joint sealing existing pavement, resurfacing pavement with hot mix asphalt concrete, and pavement markings. The proposed pavement marking layout will be redesigned consisting of a road diet and dedicated bike lanes. On January 12, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $5,800,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Gulf Coast, a CRH Company Beaumont, TX $6,079,536.28 ALLCO, LLC Beaumont, TX $7,187,552.00 Minutes—January 24,2023 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, a CRH Company, in the amount of $6,079,536.28. A total of 270 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GULF COAST, A CRH COMPANY, OF BEAUMONT, TEXAS, IN THE AMOUNT OF$6,079536.28, FOR THE 4111 STREET ROADWAY REHABILITATION PROJECT;AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF COAST, A CRH COMPANY, OF BEAUMONT, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-031 4. Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Transportation Alternatives Set-Aside Program. The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for the Transportation Alternatives Set-Aside(TA) Program for bicyclist and pedestrian infrastructure and planning. Each city can submit a total of three projects for funding consideration. The preliminary applications are due on January 27, 2023, to TxDOT. The three projects recommended by staff are shown below. The City, through this resolution is indicating its willingness to apply, and if approved, enter into an Advanced Funding Agreement with TxDOT, and will commit to the project's development, implementation, construction maintenance, management, and financing of all non-reimbursable costs, and 100% of overruns should they occur. For the TA Program there are available Transportation Development Credits(TDCs)that staff will apply for that could cover up to 100% of the City's Contribution for these projects if TxDOT determines the City eligible. Project Name Total Cost City Contribution (20%) Citywide School Zone Sign $1,010,000.00 $202,000.00 Improvements Charlton Pollard Elementary School $1,800,000.00 $360,000.00 Sidewalk Improvements Beaumont United High School $915,000.00 $183,000.00 Sidewalk Improvements Minutes—January 24,2023 Funds will come from Federal Funding - 80% and the remaining 20% will come from the Capital Program. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR, AND IF APPROVED, ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR THE TRANSPORTATION ALTERNATIVES SET-ASIDE(TA)PROGRAM. Mayor Pro Tem Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-032 5. Consider authorizing an agreement with RailPros Field Services, Inc., of Irving, for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A. On January 10, 2023, by Resolution No. 23-018, City Council approved a contract to To-Mex Construction, LLC, of Houston, Texas in the amount of $316,989.90 to complete the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A. As a requirement by Union Pacific Railroad, to proceed with the emergency repair, an approved company must be onsite for observation and flagging during construction. Union Pacific Railroad has approved RailPros Field Services, Inc., for the required services. It is recommended that an agreement with RailPros Field Services, Inc., for 45 days, in the amount of$150,000.00 be approved. Funds will come from the Capital Program — Sewer Main Repair. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION WHERE UNION PACIFIC HAS APPROVED RAILPROS FIELD SERVICES,INC.,OF IRVING,TEXAS,FOR THE MONITORING AND FLAGGING SERVICES REQUIRED BY UNION PACIFIC RAILROAD FOR THE EMERGENCY REPAIR OF A SEWER CAVITY UNDER THE UNION PACIFIC RAILROAD AT WEST FLORIDA AVENUE AND AVENUE A,IN THE AMOUNT OF $150,000.00 FOR FORTY-FIVE CALENDAR DAYS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH RAILPROS FIELD SERVICES,INC.,OF IRVING,TEXAS. Mayor Pro Tern Durio seconded the motion. Minutes—January 24,2023 AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-033 6. Consider approving a contract with Marsh Waterproofing, Inc., of Vidor,for maintenance and repair services for use by the Facilities Maintenance Department. Bids.were requested for an annual contract to provide on demand repair, maintenance, and light construction services as needed. The contract does not include demolition services, or projects which are reasonably anticipated to approach or exceed $75,000. Specifications requested hourly labor rates for carpenters, helpers, concrete finishers, equipment operators, and general laborers together with percentage markup for materials and equipment rentals. Bids were evaluated on total annual cost based upon estimated labor hours for each skill category and condition. Eleven (11)vendors were notified with two vendors responding. The lowest qualified bid was received from Marsh Waterproofing. The total estimated bid for the annual contract is $92,940. There is no cost increase over the previous contract per estimated usage, as Marsh holds the current contract. Funds will come from the following funds: General Fund (31%), Capital Program (21%), Solid Waste Fund (15%), Water Utilities Fund (22%), Legal Fund (2%), Hotel Occupancy Fund (7%), and the Transit Fund (2%). Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO MARSH WATERPROOFING,INC.,OF VIDOR,TEXAS,IN THE AMOUNT OF $92,940.00, FOR AN ANNUAL CONTRACT TO PROVIDE ON DEMAND REPAIRS, MAINTENANCE AND LIGHT CONSTRUCTION; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH MARSH WATERPROOFING, INC., OF VIDOR, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-034 7. Consider authorizing the City Manager to enter into an agreement with Evergreen Solutions, LLC to conduct a compensation and classification study. Minutes—January 24,2023 Evergreen Solutions, LLC, along with Gallagher and Baker Tilly, submitted proposals for a compensation and classification study. After evaluation by staff, Evergreen was selected to be awarded a contract to conduct the study. The total cost of services is $52,500. Funds will come from the General Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH EVERGREEN SOLUTIONS, LLC OF TALLAHASSEE, FLORIDA, TO CONDUCT A COMPENSATION AND CLASSIFICATION STUDY IN THE AMOUNT OF$52,500.00. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-035 8. Consider authorizing the City Manager to apply, and if approved, enter into an Advanced Funding Agreement with the Texas Department of Transportation for the Highway Safety Improvements Program. The Texas Department of Transportation (TxDOT) issued a call for projects in December 2022 for communities to apply for off-system project funding assistance through the Highway Safety Improvements Program (HSIP). The intended purpose of the program is to improve the safety of accident-prone areas. The proposed project for consideration consists of interconnecting traffic signals by implementing an adaptive traffic signal program for ten signalized intersections along Calder Avenue and Phelan Boulevard between Kennedy Drive and IH-10. The total project cost is estimated to be $486,623.00 with an anticipated let date of Summer 2026. The program requires a local match of ten percent, which will total $48,662.30. The submittal deadline is January 31, 2023. The city, through this resolution is indicating its willingness to apply, and if approved, enter into an Advanced Funding Agreement with TxDOT, and will commit to the project's development, cost, and 100% of overruns should they occur. 90% Federal Funding with the remaining 10% from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR, AND IF APPROVED, ENTER INTO AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION(TXDOT)FOR THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP). Councilmember Turner seconded the motion. Minutes—January 24,2023 AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-036 9. Consider amending Resolution No. 21-111 that the Beaumont City Council meet with the Board of Trustees of the Beaumont Independent School District a minimum of two meetings per year, instead of quarterly, to discuss items of mutual benefit or concern. On April 27, 2021, a resolution was approved by the City Council to meet with the Board of Trustees on a quarterly basis. The City Council met with the Board of Trustees of the Beaumont Independent School District on November 7, 2022. During the meeting, a request was made that the resolution be amended from the quarterly meetings to a minimum of two meetings per year. Mayor Pro Tem Durlo moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HAS AGREED TO MEET WITH THE BOARD OF TRUSTEES OF THE BEAUMONT INDEPENDENT SCHOOL DISTRICT ON AT LEAST A QUARTERLY BASIS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 21-111-A 10. Consider authorizing a Gas and Purchase Agreement with OCI Fuels USA Inc. OCI would like to enter into an agreement with the City of Beaumont to purchase all Biogas extracted from the City Landfill for the purpose of securing a long-term supply of fuel for processing the Landfill Gas into Renewable Natural Gas. The term of the agreement will be for twenty (20) years with the option to extend for two additional periods of five years each. OCI will be responsible for all design, installation, and operation & maintenance costs of the Collection System. City will receive semi-annual payments from OCI for the term of the agreement equal to the Royalty Payment Schedule. The Solid Waste Fund will receive the revenue. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION WHERE OCI FUELS USA INC., WOULD LIKE TO ENTER INTO AN AGREEMENT WITH THE CITY OF BEAUMONT, TO PURCHASE ALL Minutes—January 24,2023 BIOGAS EXTRACTED FROM THE CITY LANDFILL FOR THE PURPOSE OF SECURING A LONG-TERM SUPPLY OF FUEL FOR PROCESSING THE LANDFILL GAS INTO RENEWABLE NATURAL GAS AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A GAS AND PURCHASE AGREEMENT WITH OCI FUELS USA INC. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-037 11. Consider authorizing the City Manager to enter into an agreement with HillCo Partners of Austin, to provide legislative services. With the 88th session of the Texas Legislature underway, the city seeks professional legislative service assistance in order to monitor and advise the city on legislation that may impact us and our community. In addition, HillCo Partners will assist the city in the process of introducing and gaining passage of legislation that might directly benefit the City of Beaumont. The cost of these services would be$7,500 per month during the regular session and any necessary special sessions, $3,500 per month during non-legislative months as well as reasonable expenses, not to exceed $500 per month. The term of the agreement would expire at the end of 2023 but does include a sixty (60) day termination clause. Funds will come from the General Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE HEREBY AUTHORIZED TO ENTER INTO AN AGREEMENT WITH HILLCO PARTNERS,OF AUSTIN,TEXAS,IN THE AMOUNT OF $7,500.00 PER MONTH DURING THE REGULAR SESSION WITH ANY NECESSARY SPECIAL SESSIONS, AND $3,500.00 PER MONTH DURING NON-LEGISLATIVE MONTHS AS WELL AS REASONABLE EXPENSES. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-038 PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Placette at 9310 Josey;Anna Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary Minutes—January 24,2023 Public Hearing Open: 3:16 p.m. James Eller 3587 E. Lucas Beaumont TX Spoke to Council regarding property at 2332 Evalon James Callas 5375 Rosemary Beaumont TX Spoke to Council regarding 5345, 5375 and 5395 Rosemary Public Hearing Close: 4:04 p.m. 12. Consider an ordinance finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by James Eller Jr at 2332 Evalon; Karen Placette at 9310 Josey;Anna Mae Wilridge at 1145 Goliad and James Callas at 5345 Rosemary, 5375 Rosemary and 5395 Rosemary. According to the City of 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 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 City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The legal description and violations of these properties are: • 2332 Evalon, AVERILL L24 & E12 1/2 L23 B 14 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Mosquito Harborage Chapter 10 Health & Sanitation, Article 10.05; Section 10.05.001 Collections of water prohibited & Section 10.05.005 Nuisances water conditions promoting mosquito breeding Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 • 9310 Josey, GULF TERRACE L15 B19 Rodent Harborage.Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Mosquito Harborage Chapter 10 Health & Sanitation, Article 10.05; Section 10.05.001 Collections of water prohibited & Section 10.05.005 Nuisances water conditions promoting mosquito breeding Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 • 1145 Goliad CARTWRIGHT TERR L 4 B 10 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 Minutes—January 24,2023 O 5345 Rosemary MC ANELLY PLACE L1 B3 O 5375 Rosemary MC ANELLY PLACE L2 B3 O 5395 Rosemary MC ANELLY PLACE L1 B3 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 If the property owners fail to comply within ten (10)days, staff requests the authorization from City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. Funds will come from the General Fund-Public Health. Approval of the ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE DECLARING THE STRUCTURES AT 2332 EVALON, 9610 JOSEY, 1145 GOLIAD, AND 5375 ROSEMARY, BEAUMONT, TEXAS, TO BE A PUBLIC NUISANCE AND ORDERING THAT THE PROPERTY OWNERS HAVE TEN (10) DAYS TO COMPLY. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-006 PUBLIC HEARING Dangerous Structures Public comments were made by the following people who personally appeared and requested additional arrangements for their property. Public Hearing Open: 4:10 p.m. Michael Nettles 999 Cottonwood St. Beaumont TX Item #6 995 Cottonwood James Eller 3587 E. Lucas Beaumont TX Item #11 2332 Evalon Adan Sanchez 2102 Coach Dr. Killeen TX Item #12 1735 Fairway Minutes—January 24,2023 Hilda Chavez 992 Elgie St. Beaumont TX Item #22 7645 Greenfield Robert Forward 10811 White Oak Trace Dr. Cypress TX Item #23 1210 Houston Valeria Riley 4450 Woodcrest Dr. Beaumont TX Item #24 4520 Ironton Melvin Block 3333 Turtle Creek Dr. Port Arthur TX Item #25 3220 Lampassas Mitch Devillier 2626 Calder Suite 202 Beaumont TX Item #27 3810 E. Lynwood •David Ali 15407 Liberty Prairie Ct. Houston TX Item #31 430 Manning J Crescenciano Diaz 1060 Pipkin St. Beaumont TX Item #36 1060 Pipkin Mayank M. Vadher 6315 Madera Beaumont TX Item #38 7795 San Diego Marco A. Licon 640 Melrose St. Vidor TX Item #46 340 E. Threadneedle Janie Gilford 5725 Downs Rd. Beaumont TX Item #9 5725 Downs Rd. Public Hearing Close: 4:41 p.m. 13. Consider an ordinance to declare 50 structures to be unsafe structures and order the owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by the City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. Minutes—January 24,2023 1. 1485 Avenue G - structure 2. 1580 Avenue G - structure 3. 5760 Bigner- includes shed 4. 890 Boyd - structure 5. 990 Boyd - includes garage 6. 995 Cottonwood - structure 7. 1455Cottonwood - includes carport & 8. 3330 Dogwood - structure 2 sheds 9. 5725 Downs - structure 10.1255 Euclid - includes garage 11.2332 Evalon - includes carport & shed 12. 1735 Fairway - structure 13.2095 Fillmore - structure 14.2110 Foch - structure 15.7860 Fox Cv- mobile home & camper 16.6630 Frint - includes shed 17. 1355 Fulton - structure 18.6160 Garner- includes 2 sheds & garage 19. 1390 Gilbert- garage apartment only 20. 1040 Goliad - includes garage 21. 1160 Goliad - structure 22.7645 Greenfield - mobile home 23.1210 Houston - commercial 24.4520 Ironton - includes shed 25.3220 Lampassas - structure 26. 1370 W. Lavaca - includes pool - commercial 27.3810 E. Lynwood - structure 28.1359 Magnolia - commercial 29.2485 Magnolia - structure 30.320 Manning - structure 31.430 Manning structure 32.3505 Marie - structure 33.2550 Milam - includes shed & duplex 34.8375 Oak Ridge - structure (2540) 35.4795 Park - structure 36. 1060 Pipkin - includes garage apartment 37.614 Prince - includes shed 38.7795 San Diego - structure 39.2798 San Jacinto - includes garage 40.2915 San Jacinto - structure 41.2455 Southerland - structure 42.3438 St James - includes shed 43.4565 Steelton - includes shed 44.710 Sunnyside - structure 45.3395 Taliaferro - commercial 46.340 E. Threadneedle - includes garage Minutes-January 24,2023 47.4020 Usan - structure 48.3880 Waco — includes shed 49.1720 Washington —garage only 50.2910 Willard — includes shed These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24, Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Funding sources may include the General Fund and Community Development Block Grant (CDBG) funding. Approval of the ordinance. Councilmember Neild moved to table this item excluding items #9, 12, 22, 23, 24, 25, 27, 31, 36, 38 AND 46, due to the weather and all other properties will be on the next City Council meeting. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING TO ALLOW PROPERTY OWNERS OF ITEMS#9,12,22,23,24,25,27,31,36,38 AND 46,TO ENTER INTO A 150 DAY WORK PROGRAM ON THE DANGEROUS STRUCTURES LIST,PROVIDING FOR SEVERABILITY AND PROVIDING FORA PENALTY. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM DURIO,COUNCILMEMBERS GETZ,TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-007 WORK SESSION * Review and discuss programs of the Texas Film Commission • Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees * Councilmembers/City Manager/City Attorney comments on various matters Minutes—January 24,2023 COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - NONE COUNCILMEMBER GETZ- COMMENTED ON THE GRAND OPENING OF MAIN EVENT,IT'S A GREAT PLACE FOR KIDS OF ALL AGES, CAN'T SAY THERE'S NOTHING TO DO IN BEAUMONT ANYMORE COUNCILMEMBER TURNER- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER SAMUEL- NONE COUNCILMEMBER NEILD - STATED TO TINA BROUSSARD, CITY CLERK THAT HER AND HER FAMILY HAVE BEEN IN HIS PRAYERS ON THE LOSS OF HER MOTHER CITY MANAGER WILLIAMS - GAVE CONDOLENCES TO TINA BROUSSARD, CITY CLERK ON THE LOSS OF HER MOTHER, ALSO INFORMED COUNCIL THAT THEY WILL RECEIVE A DEPARTMENTAL WORK STATUS REPORT, THE REPORTS WILL BE FROM EVERY DEPARTMENT IN THE CITY OF BEAUMONT, THE REPORTS WILL BE PROVIDED MONTHLY AND CAN BE RECEIVED ELECTRONICALLY OR IN PAPER FORMAT CITY ATTORNEY REED - GAVE CONDOLENCES TO TINA BROUSSARD,CITY CLERK AND HER FAMILY, ALSO WISHED A HAPPY FOUNDERS DAY TO THE MOTHERS OF JACK AND JILL OF AMERICA, THEY ARE CELEBRATING 84 YEARS, THEY HAVE A LOCAL CHAPTER THAT'S BEEN HERE IN BEAUMONT FOR 21 YEARS,THEY HAVE DONE AMAZING WORK MAYOR MOUTON - CONDOLENCES TO TINA BROUSSARD, CITY CLERK AND HER FAMILY ON THE LOSS OF HER MOTHER, COMMENTED ON THE RIBBON CUTTING FOR THE MAIN EVENT, IT'S AN AMAZING VENUE,STATED THE UNDER PASSES HAVE WATER DUE TO THE WEATHER SO PLEASE AVOID ALL UNDER PASSES Open session of meeting recessed at 6:00 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The claim of Henry Moore The claim of Michael Murray The claim of First Fleet Minutes—January 24,2023 Toye Frazier v City of Beaumont: Cause No. E-206,919 Robert Cooley v City of Beaumont: Cause No. 0137252 /, Ro in Mouton, or !�,1, Iq�y�, (6-ttel. TinakuArd4tC0 lerk I Minutes—January 24,2023