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Home My WebLink AboutMIN DEC 12 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II . Audwin Samuel, Ward 111 December 12, 2017 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 December 12, 2017, 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 item No. 1-5/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Big "Jim" Salles with West End 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, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Absent: Mayor Pro Tem Wright. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda None CONSENT AGENDA * Approval of minutes — December 5, 2017 Confirmation of committee appointments — None A. Approve an annual contract for Heating, Ventilation and Air Conditioning (HVAC) services with Air Comfort, Inc. — Resolution 17-259 Minutes — December 12, 2017 B. Approve the purchase of three defibrillators for use in the EMS Division — Resolution 17-260 C. Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant D. Approve the settlement of the claim with Triad Transport, Inc. — Resolution 17-261 E. Approve a resolution terminating the City of Beaumont Retirement Health Savings Plan and related Trust — Resolution 17-262 Councilmember Jordan moved to approve the Consent Agenda. Councilmember Samuel seconded the .motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUELAND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider amending Section 4.09.001 of the Code'of Ordinances related to Animal Care Fees. There are two main changes in the proposed ordinance. The first is to add a trap rental fee to the code of ordinances and increase the administrative fee to $10 and the refundable usage fee to $89.95. The City of Beaumont currently allows the public to rent traps from the Animal Care Division to assist them in catching nuisance animals. The current cost to rent a trap includes a $5 administrative fee and a $40 refundable usage fee. However, in the 2016 calendar year the Animal Care Division rented out 11 traps that were not returned. The full cost to replace these traps is $89.95. The second change is to add a fee for heartworm and FIV/feline leukemia testing. These tests are necessary to ensure the health of dogs and cats prior to them being adopted. The Animal Care Advisory Committee met on November 29, 2017 to discuss these changes and are in support of them. Approval of ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.09, SECTION 4.09.001 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES WITH AN ADDITION OF ADD A WAIVER, RELATING TO ANIMAL CARE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE Minutes — December 12, 2017 MOTION PASSED Ordinance 17-076 2. Consider a resolution authorizing the City_, Manager to award a bid to Horseshoe Construction, Inc., of La Porte, for the Pipe Bursting Work Order Contract. The Contract will be used to rehabilitate sewer lines by the Pipe Bursting method and to replace defective manholes. On November 30, 2017, bids were solicited for furnishing all labor, materials, equipment, and supplies for the project. Two (2) bids were received as indicated in the table below: Contractor Location Total Base Bid Allowance Total Award Amount Horseshoe La Porte, TX $1,658,872.50 $50,000.00 $1,708,872.50 Construction, Inc. IPR South Central, Pasadena, TX $2,192,381.15 $50,000.00 $27242,381.15 LLC Based on review of the bids received, the City Water Utilities Engineer recommends award to Horseshoe Construction, Inc., in the amount of $1,708,872.50. The recommended award is for Base Bid Items No. 1 through 20 and the Allowance. A total of 730 calendar days are allocated for completion of the project. Funds will come out of the Capital Program. Approval of resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO HORSESHOE CONSTRUCTION, INC., OF LA PORTE, TEXAS, IN THE AMOUNT OF $1,708,872.50 TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND SUPPLIES FOR THE PIPE BURSTING WORK ORDER CONTRACT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH HORSESHOE CONSTRUCTION, INC., OF LA PORTE, TEXAS. Councilmember Getz seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-263 3. Consider a resolution approving an annual contract for Stop Loss Insurance with Liberty Mutual Company of Beverly, MA. The City's health insurance plans are self-insured as opposed to fully funded plans to reduce health related costs to the City. However, to protect the City from large health claims by any one individual, stop loss coverage is purchased to cover claims that exceed of $200,000. Minutes — December 12, 2017 At the end of each calendar year, the City's benefits consultant (Holmes Murphy) gathers the claims history for that year and solicits quotes from the market and negotiates the most favorable terms for the City. This year 14 carriers were contacted by our consultant and only two (2) carriers responded. Tru/Liberty Insurance responded with a quote of $1,139,668.97 which is about a.9% increase over last year's quote. Gerber Life currently holds this contract but declined to submit a bid. Funds will come from the. Employee Benefits Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ANNUAL CONTRACT FOR THE PURCHASE OF STOP LOSS INSURANCE WITH LIBERTY MUTUAL COMPANY, OF BEVERLY MASSACHUSETTS, IN THE AMOUNT OF $1,139,668.97 FOR USE IN THE EMPLOYEE BENEFITS FUND. Councilmember Jordan seconded the motion. AYES: MAYORAMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-264 4. Consider a resolution rejecting all bids received for the Sanitary Sewer Manhole Rehabilitation Work Order Contract. On October 26, 2017, bids were solicited,for furnishing all labor, materials, equipment, and supplies for the Sanitary Sewer Manhole Rehabilitation Work Order Contract to rehabilitate existing"manholes by coating the inside walls with concrete liner, performing curtain chemical grouting outside manholes, and adjusting/resetting defective manholes. Based on a review of the three (3) bids received, the Water Utilities Division recommends rejecting all bids for the following reasons: The apparent low bid was found to be incomplete due to failure to turn in required documents as per the advertised contract supplied to all interested bidders. The other two (2) bids were 79.91 % and 174.97% over the Engineer's estimate of $284,250.00. It is the recommendation of the Water Utilities Division to reject all bids and rebid the project at a later date. Approval of resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL FINDS IT IS NOT IN THE BEST INTEREST OF THE CITIZENS OF BEAUMONT TO ACCEPT THE BIDS FOR THE SANITARY SEWER MANHOLE REHABILITATION WORK ORDER CONTRACT AND THAT EACH SHOULD BE REJECTED, AND THAT THE CITY COUNCIL DOES HEREBY REJECT THE BIDS FOR THE SANITARY SEWER MANHOLE; REHABILITATION WORK ORDER CONTRACT. Councilmember Jordan seconded the motion. Minutes — December 12, 2017 AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 17-265 WORK SESSION Review and discuss expanding the area of Neighborhood Empowerment Zone Number Four near Concord Road and Cottonwood Chris Boone, Community Development Director, reviewed and discussed expanding the area,of Neighborhood Empowerment Zone Number Four near Concord Road and Cottonwood: Mr. Boone stated that in June of 2008, the City Council Designated Neighborhood Empowerment Zones #3 and #4. Administration would like to revise the boundaries of the Neighborhood Empowerment Zone #4 to include property located at 2020 Cottonwood, currently occupied by the Beaumont Housing Authority's Concord Homes development. The minor expansion of the Zone to include this property would assist the Housing Authority in its efforts to develop the property, which they have been attempting since Hurricane Ike. It is the City of Beaumont's goal to promote development within its Neighborhood Empowerment Zones in an effort to improve the local economy and enhance the quality of life for its citizens. Insofar as these goals are served by enhancing the value of the local tax base and increasing economic opportunities, the City of Beaumont will give consideration to providing the following incentives for development within Neighborhood Empowerment Zones. 5. Consider amending Ordinance No. 08-048 to expand the area of Neighborhood Empowerment Zone Number Four. In an effort to encourage development in areas of the city with higher concentrations of low to moderate income families and limited redevelopment, Neighborhood Empowerment Zones were created in six (6) areas of the city. These zones offer incentives that include city property tax abatements, fee waivers, possible lien waivers and expedited permit review to attract redevelopment. The proposed amendment to Ordinance Number 08-048 would add the property at to 2020 Cottonwood, currently occupied by the Beaumont Housing Authority's Concord Homes development. This minor expansion of the Zone to include this property would assist the Housing Authority in its efforts to redevelop the property, which they have been attempting since Hurricane Ike. Approval of the resolution. COuncilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 08-048 TO REVISE THE BOUNDARIES OF THE NEIGHBORHOOD EMPOWERMENT ZONE #4 TO INCLUDE PROPERTY AT 2020 COTTONWOOD. Councilmember Mouton seconded the I"TI •moi Minutes — December 12, 2017 AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 17-077 WORK SESSION * Review and discuss the Old Dowlen Project Dr. Joe Majdalani, Public Works Director reviewed and discussed the Old Dowlen Project. There were two options discussed, Dr. Majdalani stated that Option No. 1 under the current Advance Funding Agreement (AFA) the limits are from State Highway 1.05 to Dowlen Road. The Environmental Document required for the project will be an Environmental Assessment (EA) with a time frame of 1.5 years, the secure needed Right -Of -Way (ROW) would have a time frame of 1.5 years as well. The current construction cost would be $11,000,000 and federal funds will cover up to $4,000,000. The federal funding is not through an earmark, it was a commitment made by the District 13+ years ago. TxDOT will let and oversee the construction of the project. TxDOT has stated that if the City accepts this option it will eliminate access to State Highway 105 from Old Dowlen and that access to Old Dowlen Road from State Highway 105 will remain. The construction time frame will be two (2) years after funds are made available. Dr, Majdalani discussed Option No. 2, he stated that the Advance Funding Agreement (AFA) needs to be amended to set the new limits of Old Dowlen Road (Option No. 2) from Dowlen Road to Northwest Parkway. The AFA amendment will be approximately a six (6) month time frame, the amendment will reflect new responsibilities and the City will let and oversee the construction. The Environmental document for the section between Dowlen Road and Northwest Parkway will be a Categorical Exclusion (CE) with a time frame of six (6) months after the AFA amendment is approved, the secure needed Right -Of -Way (ROW) would have a time frame of twelve (12) months. Access to Old Dowlen Road from State Highway 105 will remain and the current construction cost would be $5,500,000, due to TxDOT letting volume and availability of funds, the Old Dowlen Road project will be delayed until late 2018 or early 2019. The construction time frame will be one (1) year after funds are made available. Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. COMMENTS * Public Comments (Persons are limited to three minutes) None Councilmembers/City Manager/City Attorney comments on various matters Minutes — December 12, 2017 COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - NONE COUNCILMEMBER GETZ - STATED THAT HE HAS CONCERNS REGARDING A LAWSUIT THAT HAS BEEN BROUGHT AGAINST THE FIRE CHIEF, STATED THAT HE SENT AN EMAIL TO THE CITY ATTORNEY ASKING HIM TO RESPOND AS TO WHY THE CITY HIRED MELODY CHAPPELL TO DEFEND CHIEF HUFF IN THE LAWSUIT THAT HAS BEEN BROUGHT AGAINST HER AND THE CITY OF BEAUMONT, STATED THAT HE HAS NOT RECEIVED A RESPONSE FROM THE CITY ATTORNEY AND THAT IT IS VERY FRUSTRATING WHEN HE ASK FOR INFORMATION AND HAS NOT RECEIVED IT, IT'S VERY DIFFICULT FOR HIM TO DO HIS JOB, HAS HAD SIMILAR EXPERIENCES WITH THE CITY ATTORNEY IN THE PAST, ALSO DOESN'T UNDERSTAND WHY THE CITY ATTORNEY'S OFFICE IS HIRING OUTSIDE COUNCIL ANYWAY, DOESN'T KNOW WHERE IN THE CITY CHARTER IT STATED THAT MR. COOPER HAS THE AUTHORITY TO HIRE OUTSIDE LEGAL COUNCIL WITHOUT BRINGING IT BEFORE THE COUNCIL FOR DISCUSSION, IN THIS CASE AS HE'S BEEN TOLD MS. CHAPPELL IS ALREADY ON THE JOB, IF IT BOTHERS ANYONE ELSE ON COUNCIL.HE REQUESTED THAT THIS ITEM BE SCHEDULED TO BE DISCUSSED IN EXECUTIVE SESSION MAYOR PRO TEM WRIGHT - ABSENT COUNCILMEMBER PATE - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - COMMENTED ON THE WONDERFUL SNOW DAY WE HAD ON LAST WEEK CITY ATTORNEY COOPER - MADE COMMENTS REGARDING COUNCILMEMBER GETZ' COMMENTS, STATED THAT BECAUSE THE ITEM THAT WAS DISCUSSED IS NOT A POSTED ITEM FOR PUBLIC DISCUSSION HE WILL ADDRESS IT AS THE OPEN MEETINGS ACT ALLOWS HIM TO AND MAKE STATEMENTS OF FACT, STATED THAT HE WOULD MAKE STATEMENTS OF FACT TO THE ENTIRE COUNCIL, FIRST POINT THAT COUNCILMEMBER GETZ MADE WHICH WAS RELATIVE TO REQUEST FOR INFORMATION ON PENDING LITIGATION BY EMAIL, MR. COOPER STATED THAT THERE HAS BEEN DISCUSSION ON THIS MATTER IN REGARDS TO THE CITY ATTORNEY REPLYING VIA EMAIL, STATED THAT COUNCIL AGREED THAT HE WOULD NOT PROVIDE ANY INFORMATION RELATIVE TO PENDING LITIGATION THROUGH EMAIL, BECAUSE HE DOESN'T WANT TO SEE THE INFORMATION IN COURT, ONLINE OR ON SOMEONE'S WEB SITE, SECOND POINT, IN REGARDS TO Minutes — December 12, 2017 THE CITY ATTORNEY NOT HAVING THE AUTHORITY TO HIRE OR LEGAL SERVICES AND COUNCILMEMBER GETZ STATING THAT HE CAN'T FIND IT IN THE CHARTER, MR. COOPER MADE A STATEMENT OF FACT THAT THE CITY ATTORNEY DIDN'T HIRE MELODY CHAPPELL TO REPRESENT THE CITY OF BEAUMONT IN THE LAW SUIT, STATED THAT MISINFORMATION IS A DANGEROUS THING, MR. COOPER ALSO STATED THAT YOU WON'T FIND ANYTHING IN THE CITY CHARTER REGARDING THE CITY ATTORNEY HAVING THE AUTHORITY TO HIRE PROFESSIONAL SERVICES, STATED THAT THE COUNCIL HAS GIVEN THE CITY ATTORNEY AND- THE CITY MANAGER AUTHORITY TO HIRE PROFESSIONAL SERVICES WITHOUT COUNCIL APPROVAL AND THAT IS ALL THAT HE WILL MAKE STATEMENTS OF FACT ABOUT AND THE ITEM IS NOT OPEN FOR DISCUSSION (COUNCILMEMBER GETZ PROCEEDED TO AS ASK THE CITY MANAGER IF IT'S HIS UNDERSTANDING THAT MELODY CHAPPELL HAS BEEN RETAINED IN THE LITIGATION, THERE WAS A BACK AND FORTH BETWEEN COUNCILMEMBER GETZ AND THE CITY ATTORNEY CITY MANAGER HAYES - THE CITY MANAGER STATED THAT HE WOULD FOLLOW THE ADVICE OF THE CITY ATTORNEY, STATED THAT HE WOULD BE HAPPY TO ANSWER ANY QUESTIONS AFTER THE MEETING MAYOR AMES - NONE Open session of meeting recessed at 2:40 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.072 of the Government Code: Approximately 4.5 acres of land bound by the Great Lawn, MLK Parkway and Magnolia Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Trudi Martin vs. City of Beaumont Public Health Emergency Medical Services and the City of Beaumont: Cause No. D-199,561 Minutes — December 12, 2017 There being no action taken in Executive Session, Council N na Broussard, City Clerk Minutes — December 12. 2017