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HomeMy WebLinkAboutMIN MAR 20 2018KA. T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR At -Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III MARCH 20, 2018 Robin Mouton, Mayor Pro Tern 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, 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 Memphis Jones of the Gospel of Jesus Christ Church gave the invocation. Two students Miracle Jones from Ozen High School and Urtza Shaw from West Brook High School led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Mouton, Councilmembers Jordan, Getz, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation — Mayor Ames read a Certificate of Appreciation for Col. Damon G. Baine with the United States Army and presented Col. Baine with the certificate Janet Brown with Congressman Randy. Weber's office also made a presentation to Col. Baine on behalf of the Congressman "Kick Butts Day - March 20, 2018 - Proclamation read by Councilmember Jordan; accepted by Connie Berry along with Staff, Board Members and Youth Council "National IDD Awareness Month" — March, 2018 — Proclamation read by Councilmember Getz; accepted by Lane Fortenberry with Spindletop Center "YMBL South Texas State Fair" — March 22, 2018 — April 1, 2018 — Proclamation read by Mayor Ames; accepted by members of the YMBL Minutes — March 20, 2018 Presentation — Councilmember Pate presented Mayor Pro Tem Robin Mouton with a Certified Municipal Officials award, he also presented Mayor Becky Ames with an award for the City of Beaumont for a Councilmember being a Certified Municipal Official for five years Presentation — Audit Firm presented Council with the results of an audit that was done with the Finance Office Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda David Slaughter 1535 Infinity Ln. Beaumont TX Spoke to Council regarding the seat vacated by Councilmember Gethrel Williams Wright, stated that they were good friends and served on the South East Texas Planning Commission together, stated that he received several phone calls and messages on social media that he should think about submitting his name to be appointed to fulfill the unexpired At -Large seat, stated that he has served as a City Councilmember in Vidor for over 14 years, he was born and raised in Beaumont and has recently moved back, asked that Council consider him for the appointment, it would be an honor to serve CONSENT AGENDA Approval of minutes — March 6, 2018 * Confirmation of committee appointments — None A) Approve the purchase of two Kubota Utility tractors for use in the Highway Maintenance Division — Resolution 18-060 B) Approve the purchase of two Ambulance Stretchers and three Power Load Systems for use in the Emergency Medical Service Division — Resolution 18-061 C) Authorize the settlement of the claim of Enterprise Rent-A-Car — Resolution 18-062 D) Authorize the settlement of the lawsuit styled Interflow Factors Corporation v. Valory Barnett, Individually and dba PCLC Landscape Management and the City of Beaumont, Texas; Cause No. 130641 —Resolution 18-063 E) Authorize the City Manager to apply for and receive funding from Humanities Texas for use at the Tyrrell Historical Library — Resolution 18-064 Councilmember Jordan moved to approve the Consent Agenda. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes — March 20, 2018 GENERAL BUSINESS Consider a resolution authorizing the City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment for the Magnolia Avenue Paving and Drainage Rehabilitation Project. On November 22, 2016, by Resolution No. 16-239, City Council awarded a contract to LD Construction, of Beaumont, Texas in the amount of $2,507,067.00 forthe Magnolia Avenue Paving and Drainage Rehabilitation Project. Previous Change Order No. 1 was executed by the City Manager in the amount of ($5,998.00) that reduced the contract amount to $2,501,069.00. Proposed Change Order No. 2, in the amount of ($256,426.68), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. The adjustment in quantities will result in a final contract amount of $2,244,642.32. The project has been inspected by the Public Works Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of $212,294.44 is recommended. Funds 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 EXECUTE CHANGE ORDER NO. 2 FOR ADDITIONAL WORK, THEREBY DECREASING THE CONTRACT AMOUNT BY ($256,426.68 FOR A TOTAL CONTRACT AMOUNT OF $2,244,642.32 FOR THE REHABILITATION OF MAGNOLIA AVENUE (FROM GILL STREET TO LIBERTY AVENUE) PROJECT AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $212,294.44 TO LD CONSTRUCTION, OF BEAUMONT, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-065 2. Consider a resolution approving the purchase of a new ambulance box for use in the Emergency Medical Service Division. The ambulance box will be purchased from Frazer, Ltd., of Houston, in the amount of $179,500. The new box will be mounted on a new chassis, adding one new unit to the EMS' fleet of ambulances. Minutes — March 20, 2018 Pricing was obtained through the Houston -Galveston Area Council (HGAC), a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. HGAC complies with State of Texas procurement statutes. Warranty and service are provided by Frazer Ltd., for the lifetime of the ambulance body while in possession of the original owner. Funds will come from the Capital Reserve Fund. Approval of the resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1 ) AMBULANCE BOX TO BE MOUNTED ON A NEW CHASSIS FOR USE BY THE EMERGENCY MEDICAL SERVICES (EMS) DIVISION FROM FRAZER, LTD., OF HOUSTON, TEXAS, IN THE AMOUNT OF $179,500.00 THROUGH THE HOUSTON -GALVESTON. AREA COUNCIL (H -GAC COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-066 3. Consider a resolution authorizing the City Manager to award a bid to Allco, LLC for the Wastewater Treatment Plant Sludge Thickener Rehabilitation Project. The Sludge Thickeners located at the Wastewater Treatment Plant mechanical assembly and concrete walls are deteriorating and require rehabilitation. The Sludge Thickeners receive sludge from other plant units and increase solids content of the sludge through settling for further processing downstream. On March 8, 2018, 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 Additive Bid Item 8 a -c Total Award Amount Allco, LLC. Beaumont, TX $444,908.13 $420,922.80 $ 865,830.93 Placo, LTD. Lumberton, TX $639,822.00 $398,000.00 $1,037,822.00 Engineer's Estimate I I $ 768,000.00 Based on a review of the bids received, Schaumburg and Polk, Inc. and the Water Utilities Division recommends awarding the project to Allco, LLC, the low bidder, in the amount of $865,830.93. Funds will come from the Capital Program. Minutes — March 20, 2018 Approval of resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT. THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $865,830,93 TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND SUPPLIES FOR THE WASTEWATER TREATMENT PLANT SLUDGE THICKENER REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC., OF BEAUMONT, TEXAS. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-067 4. Consider a resolution approving an annual contract with Southern Cement Slurry, of Porter, for the purchase of Cement Slurry for street rehabilitation projects. Cement Slurry is used by City contractors in street rehabilitation projects to stabilize the soil prior to the laying of asphalt. The City provides the materials for these projects through this contract and it is applied by the vendor in liquid form. Bids were requested from six vendors with only Southern Cement Slurry responding. Specifications allow for a twelve (12) month contract with the option of two renewals of twelve (12) month terms at the same pricing as the awarded contract. This bidder holds the current contract and meets all the product requirements. The City estimates the use of approximately 600 Tons of product over the term of the contract at a total estimated annual cost of $154,800. The bid price represents an increase of $43 per Ton or a twenty percent (20%) over the current contract. Bid Table is attached. Funds will come from the Capital Program. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY SOUTHERN CEMENT SLURRY, OF PORTER, TEXAS, FOR AN ANNUAL CONTRACT, WITH AN OPTION TO RENEW FOR TWO (2) ADDITIONAL TWELVE (12) MONTH TERMS, FOR THE PURCHASE OF CEMENT SLURRY FOR THE PUBLIC WORKS DEPARTMENT, STREETS AND DRAINAGE DIVISION, FOR CITY ROAD REHABILITATION AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH SOUTHERN CEMENT SLURRY, OF PORTER, TEXAS. Mayor Pro Tem Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes — March 20, 2018 Resolution 18-068 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) Annie Babino 4615 Arthur Ln. Beaumont TX Spoke to Council regarding a water bill issue, stated that the property is vacant at this time, the City was called on several occasions, they finally came out to check out the problem, it was stated that the problem was on the resident side and not the City, she then contacted a plumber who came out and stated that the problem was on the City's side, there is a five inch pipe and coupling that needed to be changed, wanted to know what she needed to do about the plumbing bill in the amount of $245.00 Eric Bender 2270 110 E Beaumont TX Made comments regarding City Code as well as the striping on Washington Blvd between MLK and Amarillo St., asked why this striping isn't in violation of City Code, stated that the streets should be striped so that all modes of transportation be accommodated, commented on the size of the lanes on Washington Blvd, asked why is the turning lane as wide as it is, wanted to know when will the City Code be updated to require newly rebuilt major thorough fares to accommodate the entire transportation system, it doesn't use extra concrete or require extra expenses, asked that Council please address this issue W. R. Sams, Sr. 1761 Rena St. Beaumont TX Congratulated Mayor Ames and Mayor Pro Tem on their awards, stated that he is interested in the At -Large appointment and appreciates Councils support Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - COMMENTED ON THE NATIONAL LEAGUE OF CITIES CONFERENCE THAT SHE ATTENDED IN AUSTIN, TX, ATTENDED A PORTION OF THE CONFERENCE THAT ADDRESSED GUN CONTROL AND NATURAL DISASTERS, COUNCILMEMBER SAMUEL WAS A PART OF THE PANEL FOR BOTH, THANKED HIM FOR HIS INPUT ON THE PANEL, CONGRATULATED PORT ARTHUR MEMORIAL TITANS AND THE SILSBEE TIGERS FOR THEIR WINNING THE STATE CHAMPIONSHIPS IN SAN ANTONIO, THANKED THEM FOR REPRESENTING SOUTH EAST TEXAS COUNCILMEMBER SAMUEL - STATED THAT WHEN YOU LEAVE HOME IT MAKES YOU r APPRECIATE'HOME WHEN YOU HEAR ABOUT WHAT'S GOING ON Minutes — March 20, 2018 IN OTHER CITIES, NOT MANY CITIES COULD HAVE WITHSTOOD HARVEY THE WAY THAT BEAUMONT DID, COMMENDED THE CITY MANAGER ON ALL OF HIS HARD WORK DURING THE STORM AND THE COLLABORATION THAT THE CITY HAD WITH THE PRIVATE SECTOR, THE PANEL PROVIDED HIM WITH A LITTLE MORE INFORMATION ON HOW TO PREPARE FOR A NATURAL DISASTER COUNCILMEMBER PATE - COMPLIMENTED COL. BAINE ON HIS 29 YEARS OF SERVICE TO OUR COUNTRY, AS WELL AS THE GIFT OF LIFE, EMS AND YMBL, THANKED COUNCILMEMBER SAMUEL WHO IS ALWAYS TAKING AN ACTIVE ROLE IN THE NATIONAL LEAGUE OF CITIES AND HAS DONE A LOT TO MAKE EVERYONE IN NLC AWARE OF THE CITY OF BEAUMONT, ALSO COMPLIMENTED LAMAR UNIVERSITY MEN AND WOMEN ATHLETES COUNCILMEMBER GETZ - ANNOUNCED THAT LIT WILL BE HOSTING A FOOD TRUCK FESTIVAL ON MARCH 27, 2018, FROM 11:00 A.M. TO 2:00 P.M., STATED THAT THERE WERE COMMENTS ON SOCIAL MEDIA THAT MADE HIM THINK ABOUT THE DISCUSSION THAT THE COUNCIL HAS HAD IN THE PAST ABOUT A FOOD TRUCK PARK DOWN BY THE RIVER FRONT BEFORE HARVEY, WANTED TO KNOW IF THE CITY COULD MOVE FORWARD WITH A FOOD TRUCK PARK AS PART OF THE RIVER FRONT DEVELOPMENT, ASKED IF THE CITY COULD MAKE THAT HAPPEN, CONGRATULATED THE YMBL ON THEIR 70TH TEXAS STATE FAIR WHICH WILL BEGIN ON MARCH 22, 2018, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON TUESDAY, MARCH 20, 2018, AT ROGERS PARK FROM 6:00 P.M. TO 8:00 P.M., ALSO ANNOUNCED THAT HE WILL BE REINVIGORATING THE WILLOW CREEK NEIGHBORHOOD ASSOCIATION, THE MEETING WILL BE HELD ON MONDAY, APRIL 26, 2018, STARTING AT 7:00 P.M., AT THE BRENT WOOD COUNTRY CLUB COUNCILMEM13ER JORDAN - ANNOUNCED THE CHAMBERS HOUSE GARDEN PARTY ON THURSDAY FROM 5:30 P.M. TO 7:30 P.M., THERE WILL BE REFRESHMENTS AND MUSIC, THERE WILL ALSO BE OLD FASHIONED GAMES SUCH AS BADMITON, CROQUET ETC., THERE WILL ALSO BE AN INTRODUCTION OF THE NECHES RIVER PRINCESSES AND ESCORTS, ALSO ANNOUNCED JAZZ ON THE LAKE AT THE EVENTE CENTER, COMMENTED ON THE THE ART BOXES THAT ARE BEING PAINTED ALL OVER THE CITY, ENCOURAGED EVERYONE TO CHECK OUT THE BOXES ESPECIALLY THE BOXES ON 23RD AND CALDER AS WELL AS 1 OTH AND WEST LUCAS, IT'S A WONDERFUL PROGRAM CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - NONE Minutes — March 20, 2018 MAYOR AMES - ANNOUNCED ACTIVITIES THAT WILL TAKE PLACE ON THURSDAY, MARCH 22, 2018, JAZZ ON THE LAKE, THE CHAMBERS HOUSE PARTY, THE TEXAS STATE FAIR AND THE ENERGY MUSEUM BLOW OUT, THANKED TIM OCNASCHEK, THE EMERGENCY MANAGEMENT COORDINATOR FOR ALL THAT HE DOES, WAS PROUD TO ANNOUNCE THE PROMOTION OF SHAQUEENA NOBLES WHO WORKS IN EMERGENCY MANAGEMENT AS THE DEPUTY EMERGENCY MANAGEMENT COORDINATOR, MADE COMMENTS REGARDING SPECTRUM AND THE INTERRUPTION OF TELEVISION SERVICE DUE TO THEIR CHANGE OVER TO DIGITAL WHICH HAS CAUSED CITIZENS HUGE PROBLEMS, WANTED TO KNOW AS A CITY IS THERE ANYTHING THAT CAN BE DONE SINCE THE CITY HAS A FRANCHISE AGREEMENT WITH SPECTRUM Council recessed into Executive Session at 3:34 p.m. EXECUTIVE SESSION * Consider matters related to appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: Councilmember-at-large position vacated by Gethrel "Get" Williams -Wright Part Time Magistrate position vacated by Jimmy Hamm Council reconvened into General Session at 3:45 p.m. Consider a resolution making an appointment to fill the unexpired term for the vacant Councilmember-at-large position. Article III, Section 7 of the City Charger states, "Vacancies in the City Council where the same do not exceed two (2) at any one time shall be filled by a majority of the remaining members of the City Council and the person elected shall serve for the unexpired term only". Approval of a Resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE STATEMENTS AND FINDINGS SET OUT IN THE PREAMBLE TO THIS RESOLUTION ARE HEREBY IN ALL THINGS, APPROVED AND ADOPTED; AND THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES HEREBY APPOINT WILLIAM R. SAM, SR. TO SERVE FOR THE UNEXPIRED TERM ONLY OF COUNCILMEMBER-AT-LARGE GETHREL WILLIAMS-WRIGHT. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, PATE AND SAMUEL NAYS: NONE Minutes — March 20, 2018 MOTION PASSED Resolution 18-069 being no other business, Council adjourned, at 3:47 p.m. J Tina Broussard, City Clerk Minutes — March 20, 2018