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MIN MAR 26 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr., At -Large Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III MARCH 26, 2019 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 March 26, 2019, 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 — Presentation from Entergy related to theirAdvanced Meeting Infrastructure (AMI) Program Presentation related to an Audit of Actuarial Valuations, Studies and Reports for the Fire Pension * Public Comment: Persons may speak on scheduled agenda item No. 3-7/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Silverio Sanchez with First United Methodist gave the invocation. Mayor Ames led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tern Mouton, Councilmembers Jordan, Getz, Sam, Pate and Samuel. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation from Entergy related to theirAdvanced Metering Infrastructure (AMI) Program Presentation related to an Audit of Actuarial Valuations, Studies and Reports for the Fire Pension "Gift of Life Men's Health Awareness Day" - March 26, 2019 - Proclamation read by Councilmember Samuel; accepted by Norma Sampson, Gift of Life and others "The Mary Howell Garden Club Day" - March 26, 2019 - Proclamation read by Mayor Ames; accepted by Barbara Warren, President of the Mary Howell Garden Club and others Minutes — March 26, 2019 Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 3-7/Consent Agenda Johnathan McClellan 6500 West Loop South Bellaire TX Spoke regarding Item No. 7 on the Agenda; the ordinance repealing in its entirety Article 14.03, Division 4, Rights of Way Management Regulation of Chapter 14, stated that he is the Director of External Affairs for AT&T, they still have one main concern remaining with the current ordinance, is the mixing and matching of the FCC Order in Chapter 284 of The Texas Government Code, which is resulting in unlawful effect on rates, shot clock and network node perimeters, one prime example is how the language is currently written in the ordinance, it may not be the City's intent but it appears that the City intends on charging telecom providers two separate rates for a single node, one rate under the' FCC order and one rate under the Texas Government Code Order, stated that this is how AT&T lawyers have interpreted it, they would like to get clarification, AT&T feels that only one fee should be applied, they would highly recommend that Texas law is followed under the Texas Government Code CONSENT AGENDA Approval of minutes — March 19, 2019 Confirmation of committee appointments — None A) Authorize the City Manager to award a contract to McInnis Construction, Inc., of Silsbee for the Beaumont Municipal Airport Utility Improvements Project — Resolution 19-069 B) Approve a contract with Abercrombie, Simmons and Gillette of Houston for Workers Compensation Claims Administration — Resolution 19-070 C) Approve a contact with Solenis LLC of Wilmington, Delaware for the purchase of liquid polymer for use in the Water Utilities Department — Resolution 19-071 D) Approve a resolution changing the dollar amount related to the purchase of uniforms for the Police Department — Resolution 19-057-A E) Authorize the City Manager to sign agreements with the State of Texas for Construction, Maintenance and Operation of Continuous Lighting and Safety Lighting Systems within the City of Beaumont — Resolution 19-072 F) Authorize the City Manager, or his designee, to execute all documents necessary, for a License Plate Reader Agreement between the Texas Department of Public Safety Crime Records Service and the City of Beaumont Police Department — Resolution 19-073 G) Authorize the City Manager, or his designee, to execute all documents necessary, for a Multiple Use Agreement between the Texas Department of Transportation and the City of Beaumont Police Department — Resolution 19-074 Minutes — March 26, 2019 Councilmember Samuel moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider a request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial- Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets. Prentiss Semien is requesting a Specific Use Permit to allow the construction of a wholesale food preparation facility at the northeast corner of Grand and Miller Streets. Mr. Semien plans to construct a new facility to prepare, cook and package pork skins, also known as cracklings. In August of last year, Mr. Semien received a Specific Use Permit for the same purpose for the property located at 1195 Grand Street, but unfortunately, the building was irreparable. Hours of operation will be 8 a.m. until 9 p.m. with a store front opening from 10 a.m. until 9 p.m. The busiest shift will have 5 (five) employees. At a Joint Public Hearing held on March 18, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a wholesale food preparation facility in a GC -MD (General Commercial -Multiple Family Dwelling) District located at the northeast corner of Grand and Miller Streets with the following conditions: The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre-treatment program. Approval of the request with the following conditions: 1. The access aisle for the van accessible handicap spot shall be on the passenger side of the parking spot. 2. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including requirements of the City's pre-treatment program. Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WHOLESALE FOOD PREPARATION FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT THE NORTHEAST CORNER OF GRAND AND MILLER STREETS, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Sam seconded the motion. Minutes — March 26, 2019 AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-013 2: Consider a request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue. Emmanuel Guillory has requested a Specific Use Permit to allow a bible study (religious organization) at 3890 Highland Avenue. The applicant states that the property would be used for bible study, discussions related to theology and occasional bible study classes for college age students from the local university. Meeting times would initially be on Sunday mornings from 9 a.m. until 10 a.m., and on Wednesday evenings from 6:30 p.m. until 7:30 p.m. Plans are to eventually have other meetings primarily in the evening. At a Joint Public Hearing held on March 18, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a bible study on property zoned NC (Neighborhood Commercial) District located at 3890 Highland Avenue with the following conditions: 1. Stripe the parking area with the alternative parking layout supplied by City Engineering and install proper ADA signage. 2. Either remove the gate on Brockman Street completely and make it a single gate instead of a double or keep the existing fence and pave the driveway approach with asphalt or concrete. Approval of the request with the following conditions: Stripe the parking area with the alternative parking layout supplied by City Engineering and install proper ADA signage. 2. Either remove the gate on Brockman Street completely and make it a single gate instead of a double or keep the existing fence and pave the driveway approach with asphalt or concrete. Councilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BIBLE STUDY IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3890 HIGHLAND AVENUE, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Minutes — March 26, 2019 Ordinance 19-014 3. Consider amending various sections of Chapter 14 of the Code of Ordinances related to facility rental rates within the Event Facilities Department. In a work session held on March 19, 2019, the City Manager and Director of Event Facilities discussed and reviewed proposed changes to the Code of Ordinance related to Event Facility fees and charges. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 14, ARTICLE 14.05, SECTIONS 14.05.001,14.05.002,14.05.003,14.05.005,14.05.006, 14.05.009, AND 14.05.010, OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS RELATING TO FACILITY RENTAL RATES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, r SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-015 4. Consider a resolution approving a three-year contract with WorkQuest for litter removal along City rights -of -ways and other specified areas throughout the City. WorkQuest (formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes p'rivate not -for -profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal ,'services to the City for the past -twenty-two (22) years. This agreement renewal allows for the removal of trash along City rights -of -ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four -man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement, the cost to the City is $.15.00 per hour per person with a total annual estimated cost,of $141,862.50 for FY 18. The new proposed cost of $17.20 per hour provides for a 14.7 % increase with an estimated annual cost of $162,574.43. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the City. Funds will come. from the General Fund. Approval of resolution. Minutes — March 26, 2019 Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A THREE (3) YEAR AGREEMENT WITH WORKQUEST FOR THE PURPOSE OF LITTER REMOVAL SERVICES ALONG CITY RIGHTS -OF -WAY AND OTHER SPECIFIED AREAS IN THE ESTIMATED ANNUAL AMOUNT OF $162,574,43 AND THAT BEAUMONT PRODUCTS AND SERVICES (BPS), OF BEAUMONT, TEXAS, WILL BE PROVIDING THE SERVICES TO THE CITY ON BEHALF OF WORKQUEST; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-075 5. Consider a resolution approving a three-year contract with WorkQuest for litter removal at bus shelters for the Beaumont Municipal Transit System. WorkQuest (formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes private not -for -profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in Beaumont, will be providing the services to the City on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services -to the City for the past twenty-two (22) years. This new agreement will allow for the removal of trash once per week at sixty (60) bus shelter locations and twice per week service at seventeen (17) high volume shelters. It will also provide for the sweeping of seventy-one (71) locations once per month of shelters with cement slabs. This agreement will include the grounds maintenance and litter removal at the Henry Dannenbaum Transfer Center 5 days per week. The total annual estimated cost is $78,112.92. This agreement allows for adding or removing locations as needed. Funds -will come from the Municipal Transit Fund. Approval of resolution. Councilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A THREE (3) YEAR AGREEMENT WITH WORKQUEST FOR THE PURPOSE OF LITTER REMOVAL SERVICES AT BEAUMONT MUNICIPAL TRANSIT SYSTEM BUS SHELTERS AND BASIC GROUNDS MAINTENANCE OF THE HENRY DANNENBAUM TRANSFER CENTER IN THE ESTIMATEDANNUAL AMOUNT OF $78,112,92 AND THAT THE BEAUMONT PRODUCTS SERVICES (BPS, OF BEAUMONT, TEXAS, WILL BE PROVIDING. Councilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL Minutes — March 26, 2019 NAYS: NONE MOTION PASSED Resolution 19-076 6. Consider amending section 4.06.001 of the Code of Ordinances related to owning Livestock. The Code of Ordinances currently allows residents to own livestock as long as they meet the minimum space requirements. The proposed ordinance clarifies that pigs and hogs are classified as livestock and can be owned by residents. The current space requirements specify that those who own hogs for non-commercial use must have at least a one-half (1/2) acre tract of land with at least three thousand (3,000) square feet of space per hog. The Animal Care Advisory Committee met on February 20, 2019 and is in support of making this clarification. Approval of ordinance. Councilmember Pate moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4.06, SECTION 4.06.001(A)(2) AND SECTION 4.06.001 (C)(5) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING TO LIVESTOCK OWNERSHIP PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: MAYOR PRO TEM MOUTON MOTION PASSED Ordinance 19-016 7. Consider an ordinance repealing in its entirety Article 14.03, Division 4, Right of Way Management Regulations of Chapter 14, Streets and Sidewalks, of the Code of Ordinance of the City of Beaumont and replacing it with the New Article 14.03, Division 4, Right of Way Management Regulations, to conform to new rules adopted by the FCC -Federal Communications Commission regarding Small Cell Technology. THIS ITEM WAS TABLED On August 28, 2017, Ordinance No. 17-054 and No. 17-055 were adopted in Chapter 14 to conform to new State Legislation for Small Cell Technology. On September 26, 2018 the FCC issued a declaratory ruling, report and order, FCC WT Docket No. 17-79 adopting new rules addressing the deployment of small wireless facilities in public right of ways. These rules took effect January 14, 2019 and Staff have made the changes regarding Small Cell Technology to conform to the new ruling from FCC. Staff recommends repealing the existing Article 14.03, Division 4 of Chapter 14 and adopting as new. Minutes — March 26, 2019 PUBLIC HEARING Receive comments on the Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2019 Annual Action Plan Public Hearing Opened: 2:37 p.m. None Public Hearing Closed: 2:37 p.m. WORKSESSION Receive a status report related to the City's Sewer System and review and discuss a proposal to spend additional funds for improvements within the Sewer System Dr. Joe Majdalani, Public Works Director presented a status report related to -the City's Sewer System and reviewed and discussed a proposal to spend additional funds for improvements within the Sewer System. Dr. Majdalani first discussed the waste water infrastructure, stating that the treatment plant serves approximately 130,000 citizens, there are 76 lift stations, 776 miles of sewer mains, 9,600 sewer manholes and 52,000 service connections. The challenges that the City has faced is that there is 60.4 inches of rain per year on average, there is flat terrain and open ditches, severe droughts, high and low temperatures, unstable soils, aging infrastructure, private laterals (customer service lines), heavy trash, grease and sediment in the sewer system, as well as damage to the sewer mains by utility contractors. Dr. Majdalani also discussed recently completed sewer projects such as: • The rehabilitation of eight clarifiers at the WWTP - Cost $5,515,000 • Florida Avenue sewer interceptors - Cost - $961,000 • Arthur, Holiday, Voth Lift Station upgrades — Cost - $602,000 • San Anselmo, Folsom, Major lift station upgrades —Cost - $250,000 • Sewer manhole assessment — Cost - $1,059,000 • New Sewer Mains on NW Parkway — Cost - $718,000 • Total cost $9,105,000 The City owns and maintains over 776 miles of sewer collection lines that range in size from 6" to 72", of the 776 miles 205 miles have been replaced which represents 26.42% of the sewer collection system. Sewer projects that are under construction are as follows: • Sludge Thickener Rehabilitation - $866,000 • New sewer plant belt press project-.$859,000 • Chlorine contact chamber rehabilitation - $1,100,000 • LAN collection system assessment phase -I - $650,000 • Sewer plant pump renewal - $975,000 • Amelia area pipe bursting - $774,000 • Cleaning and televising work order contract -I - $1,590,000 • Florida Avenue cured -in -place pipe - $55,000 Minutes— March 26, 2019 Pipe bursting work order contract -I - $1,709,000 • Manhole rehabilitation work order contract -I - $324,000 • Manhole rehabilitation work order contract -II - $616,000 • Amelia area and Sherwood Pipe bursting - $1,205,000 • Cleaning and Televising work order contract -II - $500,000 • Pipe bursting work order contract -II - $1,813,000 • Lift station wet well cleaning - $390,000 • New sewer mains on Washington Boulevard - $1,352,000 Totaling $13,748,000 New work will include manhole rehabilitation work order contracts totaling $600,000, cleaning and television work order contracts totaling $400,000 and pipe bursting work order contracts $2,000,000. The proposed work areas under new work include Helbig, Westgate, Old Town and Blossom. There was a review of what the Water Utilities Department should be looking for throughout the City, which is capturing lost capacity in the collection system, reducing wet weather flows to the sewer plant, reducing collection system related permit violations, improving customer service, 'reducing sewer overflows, reducing wastewater system stoppages, reducing operating costs and preserving the ,City's strong relationship with TCEQ and the EPA. The vision for the future is as follows: City Management Continue investing in infrastructure renewal Proactive maintenance Continue program evaluation Additional workforce training Ensure public safety Investigate new materials and Ensure regulatory compliance construction methods COMMENTS Public Comments (Persons are limited to three minutes) Marshall Scott 1490 Edwin Beaumont TX Directed several comments to the Mayor, requested that Council set the time of the Council meeting after hours where citizens that work can attend, asked questions of Councilmembers Sam and Getz, also asked that staff fix Washington Blvd., it's new but floods every time it rains, stated that the sewer and pipelines need to be worked on David Pete 6355 Chinn Ln. Beaumont TX Once again the City Council has failed to comply with their own rules and regulations, stated that they have put the same item on the Executive Session three. times and no vote has been given, and the same thing pertains to the L.L. Melton and the lease, stated that it's a twenty years lease that has been violated, the lease needs to be dissolved and reconsidered, it's not right that citizens don't have access to the facility, also commented on the City Manager and the comment that he made earlier during the meeting that citizens need to make it clear as to what streets they are referring to that are in need of repairs, Minutes — March 26, 2019 stated that citizens have been very clear on what streets need to be repaired, also thinks that the time of the Council meeting needs to be changed so that more citizens can attend Alex Snelson 3860 Central Pointe Dr. Beaumont TX Asked that the City perform a study at the intersection of Pointe Park Subdivision, after the opening of North Pointe Parkway which has caused a tremendous amount of traffic, there is a blind spot there and it's causing a potential hazard trying to get out of the subdivision, there are a lot of citizens that walk etc., just asking that someone take a look at the situation Donald Porter 5020 Avie Ln. Beaumont TX Spoke to Council regarding his fraud incident with his bank and the Beaumont Police Department, stated that he's not been informed about anything and feels that his constitutional rights have been violated, action needs to be taken and at this point he doesn't know which direction to go, an attorney has taken his case but something needs to be done about the Criminal Justice Department, asked that Council do something about this and doesn't recommend that anyone do business with BBVA Bank Steve Hoffman 7045 Blarney Beaumont TX Spoke to Council regarding the water and sewer issues that are occurring within the City, this issue needs to be fixed, citizens don't call and report these issues but they need to report them so that the staff will know where the issues are popping up, there needs to be some public service announcements regarding the issues because so many citizens are uneducated as to what can and cannot be flushed or disposed of in the drains, candidates that are running for office needs to make this a part of their platform, this is a very serious issue Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - RECOGNIZED STUDENTS FROM LAMAR UNIVERSITY WHO WERE ATTENDING THE MEETING, ANNOUNCED A SPRING- CLEANING SHRED DAY, "SHRED IT AND FORGET IT", THE EVENT WILL TAKE PLACE AT THEODORE JOHNS LIBRARY, 4255 FANNETT RD., ON SATURDAY, MARCH 30, 2019, FROM 9:00 A.M. TO 12:00 P.M., IT WILL BE FREE OF CHARGE, ALSO ON SATURDAY, MARCH 30, 2019 THE HOMEOWNERS ASSISTANCE PROGRAM (HAP) WILL BE AT JOHN PAUL DAVIS COMMUNITY CENTER AND 505 ORLEANS, APPLICATIONS WILL BE ACCEPTED FROM 10:00 A.M. TO 2:00 P.M., THIS IS FOR HOMEOWNERS THAT ARE IN NEED OF FUNDS TO REPAIR THEIR HOMES COUNCILMEMBER SAMUEL - STATED THAT WITH OVER 2,000 HOMES TO BE BUILT IN THE JEFFERSON COUNTY AREA, THE FIRST HOME WAS DEMOLISHED ON FLETCHER ST., BELONGING TO MS. JOLIVET, THE HOUSE WILL BE RECONSTRUCTED WITHIN TWENTY (20) DAYS, THANKED THE GENERAL LAND OFFICE, THE AECOM Minutes— March 26, 2019 ORGANIZATION AND THE SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION, INFORMED CITIZENS THAT APPLICATIONS ARE STILL BEING ACCEPTED, PLEASE SEE THE TWO LOCATIONS THAT MAYOR PRO TEM MENTIONED IN HER COMMENTS WHICH ARE JOHN PAUL DAVIS COMMUNITY CENTER AND THE OFFICE AT 505 ORLEANS ST., THANKED STAFF FOR ALL OF THE WORK THEY DO, ESPECIALLY THE GUYS THAT WORK IN THE SANITATION DEPARTMENT COUNCILMEMBER PATE - CONGRATULATED THE WOMEN'S BASKETBALL TEAM WITH LAMAR UNIVERSITY, THANKED DR. MAJDALANI AND HIS STAFF FOR THE WORKSESSION, THINKS THAT A PUBLIC SERVICE ANNOUNCEMENT IS A GREAT IDEA TO EDUCATE THE CITIZENS REGARDING SEWER ISSUES, REMINDED EVERYONE THAT THE SOUTH EAST TEXAS STATE FAIR IS STILL GOING ON, ENCOURAGED EVERYONE TO ATTEND, ANNOUNCED THE TEXAS ENERGY MUSEUMS BLOWOUT FUND RAISER, THURSDAY, MARCH 28, 2019, AT THE BEAUMONT CIVIC CENTER, 6:30 P.M., GUEST SPEAKER WILL BE KARL ROVE, FORMER DEPUTY CHIEF OF STAFF AND SENIOR ADVISOR TO FORMER PRESIDENT GEORGE W. BUSH, THE LA GRAND BAL FUND RAISER FOR THE FINE ARTS DEPARTMENT AT LAMAR UNIVERSITY, WILL BE ON SATURDAY, MARCH 30, 2019, ALSO EZRA CHARLES WILL BE PERFORMING AT THE JEFFERSON THEATRE ON SATURDAY, MARCH 30, 2019, 8:00 P.M., THANKED!CHRIS JARMON FOR HIS SERVICE TO THE CITY, HE WILL BE MISSED COUNCILMEMBER SAM - COMMENTED ON THE WORKSESSION PERTAINING TO THE WATER AND SEWER AND THINGS THAT AREN'T SUPPOSED TO GO IN THE DRAIN, STATED THAT A LOT OF THE RESPONSIBILITY STARTS WITH THE HOMEOWNER, STATED THAT THERE'S EXCELLENT PEOPLE THAT WORK IN THE SANITATION DEPARTMENT AND THINGS ARE DONE BETTER NOW THAN THEY HAVE BEEN IN THE PAST, VERY APPRECIATIVE OF STAFF AND WHAT THEY DO, IF THE EMPLOYEES GET WHAT THEY NEED THEY WILL DO THEIR JOBS BETTER, ASKED THAT CITIZENS GIVE COUNCIL TIME TO DO WHAT THEY NEED TO DO I COUNCILMEMBER GETZ - THANKED CHRIS JARMON FOR HIS SERVICE TO THE CITY, HE WILL BE MISSED AND WILL BE AN ASSET TO THE CITY OF LIBERTY, HAS HEARD FROM SEVERAL COUNCILMEMBERS THAT A PSA (PUBLIC SERVICE ANNOUNCEMENT) NEEDS TO BE DONE TO EDUCATE HOMEOWNERS, RENTERS AND LANDLORDS REGARDING WHAT CAN OR CAN'T BE FLUSHED OR POURED IN THE DRAIN, IN REGARDS TO MR. SNELSON COMMENTS, ASKED IF THERE'S SOMETHING THAT CAN BE DONE TO TAKE CARE OF THE ISSUE LEAVING HIS SUBDIVISION, THANKED DR. MAJDALANI FOR THE WORKSESSION Minutes — March 26, 2019 COUNCILMEMBER JORDAN - STATED THAT SHE AND COUNCILMEMBER SAM ATTENDED AN INDUSTRIAL WELDING ACADEMY OPENING, THIS IS A HOUSTON BASED COMPANY THAT DECIDED TO OPEN A FACILITY HERE IN BEAUMONT ON CARDINAL DR., THE PROGRAM IS UNIQUE, THE COMPANY WILL BE TEACHING A SKILL THAT WILL PAY ANYWHERE FROM $12.00 TO $46.00 PER HOUR, IT ALLOWS CITIZENS TO MAKE A GOOD LIVING FOR THEM AND THEIR FAMILIES, MET WITH THE HIDDEN VALLEY NEIGHBORHOOD ASSOCIATION ON LAST NIGHT AND THANKS TO SOME EFFORTS BY CHRIS BOONE WHO SHARED WITH THEM THE DEMOLITION LIST OF MANY PROPERTIES IN THEIR AREA THAT ARE TO BE DEMOLISHED, MANY OF THE RESIDENTS IN THAT AREA ARE CONCERNED WITH DETERIORATED CONDITIONS OF PROPERTIES ADJACENT TO THEM, COMMENTED ON A PROGRAM THAT SHE'S INVOLVED WITH PERTAINING TO ROOKIE FIRE FIGHTERS, THERE'S A NEED FOR THEM TO GET. MORE INVOLVED IN VARIOUS COMMUNITY ACTIVITIES, THESE ROOKIES WILL BE IN A MENTORSHIP TYPE PROGRAM, IT'S A GREAT PARTNERSHIP BETWEEN THE FIRE FIGHTERS, ROOKIES AND BEAUMONT ANIMAL SHELTER, THIS PROGRAM WILL START ON APRIL 10, 2019, ANNOUNCED THE OAKS HISTORIC DISTRICT PRESERVATION BASH ON APRIL 20, 2019 AT 2405 ASHLEY, STARTING AT 7:00 P.M., TOBY CASTRO AND HIS JAZZ QUARTET WILL BE PERFORMING, THE THEME IS ".TULIPS AND JAZZ", TICKETS ARE AVAILABLE AT THE DOOR, CITY ATTORNEY COOPER - WANTED TO DRAW COUNCIL'S ATTENTION BACK TO ITEM NUMBER 7 THAT WAS DEFERRED, STATED THAT MR. MCCLELLAN WHO IS THE AT&T REPRESENTATIVE, EXPRESSED CONCERN ON BEHALF OF THEIR COMPANY ON THE MIXING AND MATCHING OF THE FCC ORDER, THE STATE CHAPTER 284 AND THE ORDINANCE THAT WAS PROPOSED, SPECIFICALLY AS IT DEALS WITH RATES, AS COUNCIL KNOWS THE FCC ORDER PREEMPTS THE STATE LEGISLATION IN CERTAIN AREAS, ONE OF THE AREAS IS RATES, MR. MCCLELLAN INDICATED THAT AT&T WOULD PREFER THE STATE RATE, THE STATE RATE IS $250.00 AND THE FCC RATE IS $100.00, THE FCC RATE IS A PRESUMPTIVE FEE THAT IS BASED UPON A RATE FORMULA, IN THE CITY ORDINANCE IT PROPOSES THE $100.00 RATE, MR. COOPER STATED THAT AT&T MAY PREFER $250.00, AND ANOTHER MAY PREFER $100.00, THIS IS WHAT THE CITY IS CONFRONTED WITH WHEN DEALING WITH THIS, JUST BECAUSE THE RATE THAT THE CITY CHOOSES IS THE FCC ORDER DOESN'T MAKE IT UNLAWFUL, THERE HAS NOT BEEN AN IN-DEPTH DISCUSSION ABOUT THIS WITH COUNCIL TO FLUSH THESE TYPES OF ISSUES OUT, THE CITY IS NOT DOUBLE DIPPING, THERE IS A SET RATE FOR DIFFERENT TYPES OF APPLICATIONS IN THE CURRENT ORDINANCE Minutes — March 26, 2019 CITY MANAGER HAYES - NONE MAYOR AMES - MADE COMMENTS REGARDING THE WATER DEPARTMENT AND SOME WORK THEY PERFORMED IN FRONT OF HER HOME, THE STAFF DID A REALLY GOOD JOB, ALSO COMMENTED ON THE MARY HOWELL GARDEN CLUB AND THE WORK THAT THEY ARE DOING AT TYRRELL PARK, MENTIONED THE ALZHEIMER'S ASSOCIATION FUND RAISER LUNCHEON THAT WAS HELD ON TODAY, MILT AND CONNIE PRUITT WERE RECOGNIZED AND HONORED, ALSO BROUGHT UP THE MAYORS GRANT THAT SHE SPOKE ABOUT LAST WEEK, UNFORTUNATELY THE DOG PARK WON'T QUALIFY AT THIS TIME, ALSO CONGRATULATED CHRIS JARMON ON HIS NEW POSITION WITH THE CITY OF LIBERTY Open session of meeting recessed at 4:10 p.m. EXECUTIVE SESSION * Consider matters related -to contemplated or pending litigation in accordance with Section 551.072 of the Government Code: Specifically city -owned property at 3455 Sarah Street ere being no action taken in Executive Session, Council adjourned. r Tina Broussard, City Clerk Minutes — March 26, 2019