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MIN APR 09 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 APRIL 9, 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 April 9, 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 Public Comment: Persons may speak on scheduled agenda item No. 1-3/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Jon Stouffer with First United Methodist 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, 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 "Fair Housing Month" —April, 2019 — Proclamation read Mayor Pro Tern Mouton accepted by Chris Boone, Planning and Zoning and Economic Development Director, with the City of Beaumont "National Crime Victims' Rights Week" - April, 2019 -. Proclamation read by Councilmember Getz; accepted by Misty Craver, Program Director, Representative from the District Attorney's Office and the Jefferson County Victims Assistance Center "National Sexual Assault Awareness Month — April 7-19, 2019 — Proclamation read by Councilmember Jordan; accepted by Cheryl Williams, Executive Director of the Rape and Suicide Crisis Center Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes —April 9, 2019 Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda None CONSENT AGENDA Approval of minutes — April 2, 2019 * Confirmation of committee appointments — None A) Approve a contract with JMPKL, INC., DBA The Lube Shop, of Beaumont to provide preventive maintenance for City vehicles — Resolution 19-080 B) Approve a contract with All Star Plumbing Inc. of Beaumont for plumbing services for use at various City Facilities — Resolution 19-081 C) Authorize the issuance of a letter of approval to allow Protec Ambulance Transport, DBA Crossroads EMS to operate an ambulance service in the city limits of Beaumont — Resolution 19-082 D) 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 19-074-A Mayor Pro Tern Mouton 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 1. Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of Houston for the Sewer Evaluation Work Order Contract — Phase III Project. The.Sewer Evaluation Work Order Contract — Phase III will be used to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On March 21, 2019, four (4) bids were received forfurnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Minutes —April 9, 2019 Contractor Contractor Location Total Bid Amount Chief Solutions, Inc. Houston, TX $528,367.02 Specialized Maintenance Services, Inc. Pasadena, TX $552,607.10 Hoffman Southwest Corp., dba Professional Pipe Services Mission Vie'o, CA $569,286.05 CSI Consolidated LLC DBA Aims Companies Pearland, TX $630,442.20 Engineer's Estimate $585,965.00 Based on a review of the bids and required documents received, the Water Utilities Department recommends awarding the project to Chief Solutions, Inc., the low bidder, in the amount of $528,367.02. Chief Solutions, Inc., is a certified MBE with the City of Beaumont. A total of 365 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO CHIEF SOLUTIONS, INC., OF HOUSTON, TEXAS, IN THE AMOUNT OF $528,367.02, FOR THE SEWER EVALUATION WORK ORDER CONTRACT PHASE III PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH CHIEF SOLUTIONS, INC., OF HOUSTON, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-083 2. Consider a resolution authorizing the City Manager to execute Change Order No. 7 to the contract with Allco related to the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street). On April 25, 2017, by Resolution No. 17-083, City Council awarded a contract to ALLCO, LLC, in the amount of $15,984,397.88 for the Washington Boulevard Pavement Widening Phase II Project (Corporate Drive to Amarillo Street). Previous Change Order Nos. 1-6, in the amount of $386,008.36, resulted in an increase to the original contract amount making the new contract amount $16,370,406.24. Proposed Change Order No. 7, in the amount of $128,658.75, is required to adjust bid items and quantities in the contract for additional waterline, surface inlets for the storm sewer, and foundations for traffic ground cabinets. It is also required to account for traffic signal poles that meet the height requirements needed to fit in the field. A total of ten (10) calendar days will be added to the contract for the additional work. Minutes —April 9, 2019 Funds will come from the Beaumont Municipal Airport Oil and Gas Revenue. Approval of the resolution. Mayor Pro Tern Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 7 FOR ADDITIONAL WORK, THEREBY INCREASING THE CONTRACT AMOUNT BY $128,658.75 FOR A TOTAL CONTRACT AMOUNT OF $16,499,064.99 FOR THE WASHINGTON BOULEVARD PAVEMENT WIDENING PHASE II (CORPORATE DRIVE TO AMARILLO STREET) PROJECT WITH SIXTY CALENDAR DAYS ADDED TO THE CONTRACT FOR THE WORK. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-084 3. Consider an ordinance authorizing the suspension of the effective date of CenterPoint Energy's proposed rate increase until July 10, 2019. On March 28, 2019, CenterPoint Energy ("CenterPoint") filed with the City of Beaumont an annual Gas Reliability Infrastructure Program (GRIP) interim rate adjustment notice to increase gas rates in the Beaumont/East Texas Division Service Area. The City of Beaumont maintains exclusive original jurisdiction over the rates, operations and services of CenterPoint as a gas utility operating in the City of Beaumont. The requested increase would ordinarily go into effect sixty (60) days after giving notice of the intent to increase rates. This ordinance is a request to suspend the effective date of CenterPoint's proposed rate increase for a period of forty-five (45) days until July 10, 2019, in order to review the company's filings for compliance with the Gas Utility Regulatory Act and the company's last base rate case. The review of the company's GRIP filing is limited to a ministerial review of the filings for compliance with the Act. All reasonable expenses associated with rate cases are reimbursable by the company. Approval of resolution. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS SUSPENDING THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON MARCH 28, 2019; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. Mayor Pro Tern Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL Minutes —April 9, 2019 NAYS: NONE MOTION PASSED Ordinance 19-018 PUBLIC HEARING. Receive comments to hear applicants request for funding from the 2019 Community Development Block Grant Program: Public Hearing Opened —1:54 p.m. Gay Jenkins 855 S. 8th St. Beaumont TX Spoke on behalf of the Shorkey Center Clay Thomas 3380 Fannin St. Beaumont TX Spoke on behalf of Girls Haven Angeliquea Avery 20 N. 11th St. Beaumont TX Spoke on behalf of (IEA) Inspire, Encourage and Achieve Amanda Buckner 1685 Bryant Way Beaumont TX Spoke on behalf of Hope Women's Resource Clinic Stephen Hoffman 7045 Blarney St. Beaumont TX Spoke on behalf of Center for the Performing Arts Jonathan Williams 4045 Treadway Beaumont TX Spoke on behalf of Center for the Performing Arts Keith Ainsworth 1107 McFaddin Beaumont TX Spoke on behalf of Henry's Place/Some other Place Ingrid Holmes 2390 Dowlen Rd. Beaumont TX Spoke on behalf of Julie Rogers Gift of Life Program Miriam Morgan 810 Trinty St. Beaumont TX Spoke on behalf of Habitat for Humanity Laura Bracken 6120 Westgate Dr. Beaumont TX Spoke on behalf of Bridges of Hope Minutes —April 9, 2019 Paula Hall 2060 Irving St. Beaumont TX Spoke on behalf of Southeast Texas Family Resources Center Letitte Buxie 700 North St. Suite Q Spoke on behalf of Janayah's Love Sickle Cell Foundation Vivian Ballou 700 North St. Spoke on behalf of Tender Loving Care/Legacy CDC Dan Maher 3845 MLK Parkway Spoke on behalf of Southeast Texas Food Bank Daniel Jeans 2509 Cable Ave. Spoke on behalf of H.O.W. Center Public Hearing Closed — 2:42 p.m. COMMENTS * Public Comments (Persons are limited to three minutes) Chris Mouton 9655 Mississippi Beaumont TX Beaumont TX Beaumont TX Beaumont TX Beaumont TX Spoke to council regarding a concern he has for the City, there are somethings that the Council need to take notice of, stated that it's his belief that there is a steady decline in the City, heard expressed concern involving the homeless in earlier comments, made mention of the City being hit by Hurricane Harvey, wanted to know if anyone noticed that buzzards have decided to hang out in the City of Beaumont, possibly things have been allowed within the gates of this City, communities, and organizations, whose lifestyles and what they stand for and represent have offended the God that we say we honored when we started the meeting, asked that with the National Day of Prayer approaching rapidly to consider that we not ask God for one more thing until we apologize for what has been allowed in this City, asked if there could be a City day of repentance David Pete; 6355 Chinn Ln. Beaumont TX Commented on the public hearing that took place earlier, stated that he thinks that the public hearing should be a model that Council should adopt for all citizens of Beaumont, so they to can have an open forum to talk to Council and they respond, it's a good format for the Council to practice on a regular basis because there is no other portal for communication between citizens and Council, stated that he has made several comments regarding Eastex Freeway and Chinn Ln., and the street lights as well as the speeding issue, still nothing has been done, commented on the L.L. Melton, stated that on four different occasions the Melton has been on Executive Session, asked what Council is afraid of, why aren't they voting openly on this issue, thinks that Dr. Farrell should come before Council and explain what she is and isn't doing according to the lease agreement, asked that Council do what is right for all Minutes —April 9, 2019 citizens of the City of Beaumont, also stated that Council has spent $2 million to do a street research back in 2011, asked what was the outcome of the street research because the streets still aren't fixed Marshall Scott 1490 Edwin Beaumont TX Stated that citizens can speak to Council, but Council can't speak to them;, asked why? addressed Councilmember Samuel regarding the issue at the Lakeside Center where the. seniors are given a certain time that they can drink coffee, asked that he go over and speak with staff, stated that he still hasn't gone over there and the people want to hear from him, made several comments regarding certain Councilmembers, asked that the streets get fixed Kevin Frank 4170 Dallas St. Beaumont TX Spoke on behalf of the young people, stated that he has been in prison and now that he's out he's reaching out to the children, homeless etc., wanted Council to know that he's trying to stay on track and not go back where he's been, there are a lot of people that need help, he just tries to encourage everyone that he comes in contact with Deloris Davis 2275 Evalon Beaumont TX Stated that she's speaking on behalf of the homeless, asked that the City -help it's people, stated that she has met with the Homeless Coalition along with Councilmember Pate, didn't understand why they met where they did, thought they should have met where the homeless are, put boots on the ground, there are sick people under the bridge, thinks that it's the City's responsibility to help the homeless and to try and create a place where all of the resources they need are in one place, they just need some help Dayna Rothenberger 3890 E. Lynwood Dr. Beaumont TX Stated that more citizens would love Beaumont if they could find something really appealing to get them out of their vehicles and onto the lovely sidewalks, Council had talked about getting the AT&T building and demolishing it so that there could be food vendor trucks park, mentioned that there are a lot of parking lots that the City could use to put food trucks on, stated that Council has done some amazing things, now they have to figure out how to get citizens out to walk and ride their bicycles and smell the air and enjoy the beautiful day Lafayette Spivey 6010 Chandler Dr. Beaumont TX Stated that it is election time, the people that he associates with aren't satisfied with what's been going on, they intend to stop it, informed them that he has some votes, stated that he can vote for none, one or two for the At -large Council people and all the others he can vote for one or none, stated that there are three people on his hit list, the two At -large and the Mayor, the City Council will be swept clean Israel Guidry 2257 Cashmere Port Arthur TX Spoke to Council regarding Crossroad EMS and their being able to operate within the City of Beaumont, Crossroads is a privately owned company, thanked the Council for approving Crossroad EMS to operate within the City Minutes — April 9, 2019 Christopher Jones 1045 Doucette Ave. Beaumont TX Invited Council and citizens to attend the Historic Neighborhood Association of the Charlton Pollard neighborhood, on Tuesday, April 9, 2019 at 6:30 p.m., at the Southeast Texas Family Resource Center located at 2060 Irving, stated that he is the current president and the association meets every second Tuesday of each month Donald Porter 5020 Avie Ln. Beaumont TX Spoke to Council regarding the issue that he's been dealing with in the fraud case that he was involved with, stated that his constitutional rights are being denied and doesn't think it's right, he's not receiving the information in writing that he wants, asked that the City Council give him what he wants in writing, justice will be done and he will take this to the news and point out the injustice of what he's been going through as a tax payer and senior citizen Robert Bass 3705 E. Lucas Beaumont TX Thanked staff for installing the time crossing for the disabled at the light on East Lucas, stated that he's having a problem getting to eating places on Lucas due to there being no sidewalks, almost got hit by a car as he is blind and needs to be able to be safe when walking, stated that Beaumont hasn't done anything for the handicap and disabled, the bus wait is very long, he's had to wait sometimes an hour to catch the bus, stated that as a disabled person they don't have access to cars, pleaded with the City to provide sidewalks on Lucas and Helbig both of those areas are very dangerous, sidewalks are needed Stephen Hoffman 7045 Blarney St. Beaumont TX Announced a meeting that will be taking place on Tuesday, April 16, 2019, at the Beaumont Civic Center from 5:00 p.m. to 7:00 p.m. with TxDOT, they will be discussing the reconstruction of Hwy 69 and Interstate 10 interchange, encouraged citizens to come out to this very important meeting, questionnaires will be handed out, the results will determine what kind of interchange will be built Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM MOUTON - GAVE CONDOLENCES TO THE PREJEAN FAMILY ON THE LOSS OF THEIR MOTHER, ANNOUNCED THAT THE GREATER SOUTH PARK NEIGHBORHOOD ASSOCIATION WILL BE MEETING ON WEDNESDAY, APRIL 10, 2019, 6:00 P.M., AT THE ALICE KEITH RECREATIONAL CENTER, ASKED EVERYONE TO COME OUT, THERE WILL BE SEVERAL DEPARTMENT HEADS THERE TO ANSWER ANY QUESTIONS THAT CITIZENS MAY HAVE, IT WILL ALSO BE AN INFORMATIONAL MEETING COUNCILMEMBER SAMUEL - ASKED THE CITY MANAGER HOW MUCH MONEY WAS ALLOCATED AND SPENT ON LAST YEAR FOR THE STREET REHABILITATION PROGRAM (CITY MANAGER STATED THAT $5 MILLION HAD BEEN ALLOCATED, THE CITY WASN'T ABLE TO SPEND ALL OF THE FUNDS DUE To HARVEY AND THE Minutes —April 9, 2019 AVAILABILITY OF CONTRACTORS, STAFF IS TRYING TO SPEND FIVE PLUS PER YEAR), COUNCILMEMBER SAMUEL ALSO ASKED THE CITY MANAGER HOW LONG HAS THE CITY BEEN ALLOCATING FUNDS FOR THE ONGOING STREET REHABILITATION PROGRAM (THE CITY MANAGER STATED THAT HE'S BEEN WITH THE CITY FOR (26) TWENTY SIX YEARS AND AS LONG AS HE CAN REMEMBER THERE HAS ALWAYS BEEN FUNDS ALLOCATED TO THE STREET PROGRAM, COUNCILMEMBER SAMUELS STATED THAT THE REASON HE WANTED TO ADDRESS THIS IS BECAUSE MANY PEOPLE ARE OF THE OPINION THAT COUNCIL HAS NOT BEEN DOING ANYTHING AS FAR AS PROVIDING STREET REHABILITATION, MANY ARE SAYING THAT THE COUNCIL NEEDS TO DO EVERY STREET IN BEAUMONT, IF THAT WAS DONE THE CITY WOULD BE BANKRUPT, ALSO STATED THAT THE COUNCIL HAS AN ANNUAL BUDGET WORKSHOP EVERY YEAR AND THOSE ITEMS ARE DISCUSSED, WANTED TO INFORM CITIZENS THAT THE COUNCIL IS AND HAS ALWAYS BEEN WORKING ON THE STREET REHABILITATION PROGRAM, COUNCILMEMBER SAMUEL ALSO DISCUSSED THE AMOUNT OF MONEY THAT HAS BEEN ALLOCATED PER WARD, AS WELL AS THE CONSTRUCTION PHASES COUNCILMEMBER PATE - COMMENTED ON A TRIP THAT HE WILL BE TAKING ON NEXT WEEK AS THE PRESIDENT OF THE BABE ZAHARIAS FOUNDATION, STATED THAT BABE ZAHARIAS WILL BE RECEIVING THE AMATEUR ATHLETIC UNION LIFETIME ACHIEVEMENT AWARD IN NEW YORK, HE WILL BE ATTENDING ON BEHALF OF THE FOUNDATION, STATED THAT BEAUMONT IS A WONDERFUL PLACE TO LIVE AND SO IS THE UNITED STATES OF AMERICA COUNCILMEMBER SAM - COMMENTED ON HIS VISIT TO THE SHORKY CENTER, IMPRESSED WITH THE LARGE AMOUNT OF VOLUNTEERS, VISITED WITH SOME GREAT PEOPLE, IMPRESSED WITH THOSE GIVE THEIR TIME TO THE KIDS THAT ARE LESS FORTUNATE, BLESSED TO HAVE PEOPLE IN THIS CITY THAT'S WILLING TO TAKE TIME FROM THEIR PERSONAL SCHEDULE AND COME OUT ON A SATURDAY TO GET THE FACILITY BACK UP TO STANDARD, STATED THAT HE AND COUNCILMEMBER JORDAN HAD AN OPPORTUNITY TO VISIT WITH THE GOODWILL INDUSTRY ON LAST WEEK, GOODWILL PROVIDES SERVICE TO THE COMMUNITY TO HELP MAKE THIS A BETTER CITY COUNCILMEMBER GETZ - STATED THAT COUNCIL HAS HEARD IN RECENT WEEKS THAT THERE'S NOT ENOUGH THINGS IN THE CITY OF BEAUMONT FOR KIDS TO DO, ANNOUNCED THAT THERE IS AN OPPORTUNITY FOR ALL YOUNG ADULTS AGES 14 TO 20, TO COME OUT TO WEST BROOK HIGH SCHOOL LIBRARY ON TUESDAY, APRIL 16, 2019, AT 5:30 P.M., THE PORT OF BEAUMONT HAS AGREED TO CHARTER A SEA SCOUT UNIT, THIS IS A PROGRAM THAT THE Minutes —April 9, 2019 YOUNG ADULTS WILL HAVE AN OPPORTUNITY TO LEARN HOW TO SAIL A SAILBOAT, THERE ARE SAILBOATS THAT HAVE BEEN MADE AVAILABLE AT THE PORT ARTHUR YACHT CLUB, THE PORT OF BEAUMONT IS AGREEING TO HELP PROVIDE LEADERSHIP, FOR $34.00 A YEAR YOUNG ADULTS WILL BE ABLE TO LEARN HOW TO SAIL, LEARN ABOUT PORT OPERATIONS AND ALL FACETS OF THE MARITIME INDUSTRY, THE PROGRAM WILL BE PROMOTED AT THE FOLLOWING HIGH SCHOOLS LEGACY, BEAUMONT UNITED, .WEST BROOK AND KELLY, IF A STUDENT ISN'T IN ONE OF THE SCHOOLS OR IS HOME SCHOOLED THEY ARE STILL ELIGIBLE TO PARTICIPATE IN THE PROGRAM COUNCILMEMBER JORDAN - STATED THAT THERE WAS A COMMENT EARLIER RELATED TO THE LACK OF HIGHWAY LIGHTING FROM THE MALL TO CHINN LANE UP TO THE NORTHERN BOUNDARY OF THE CITY ON EASTEX FREEWAY, STATED THAT IT WAS BROUGHT TO HER ATTENTION ABOUT A YEAR AGO BY THE HIDDEN VALLEY NEIGHBORHOOD ASSOCIATION, SHE REALIZED THAT THERE WAS ABSOLUTELY NO LIGHTING ON .EASTEX, MET WITH AND DISCUSSED THIS WITH THE CITY MANAGER, THERE WAS AN AGREEMENT TO GET A ESTIMATE AS TO WHAT THE COST WOULD BE TO RESTORE THE LIGHTING AND HOW MANY POLES WERE ACTUALLY MISSING ETC., THE INFORMATION WAS COMPILED, STAFF INFORMED HER THAT THE COST FOR THE PROJECT WOULD A LARGE AMOUNT, IT WAS LEARNED THAT TXDOT WOULD BE REPLACING ALL OF THE POLES THAT SHE REQUESTED BE REPAIRED, THE POLES WILL BE REPLACED WITH HIGH CANOPY LIGHTING, ATTENDED A MEETING AT THE CONVENTION AND VISITORS BUREAU WHERE IT WAS STATED THAT THE WORK WOULD START IN FEBRUARY, DOESN'T BELIEVE THAT THE WORK HAS OCCURRED AS OF YET BUT SHE'S SURE IT WILL HAPPEN VERY SOON, JUST WANTED TO GET THE FACTS OUT, THANKED COUNCILMEMBER SAMUEL FOR THE DISCUSSION REGARDING THE STREET REHABILITATION PROGRAM, ANNOUNCED THE CALDER ART FEST ON SATURDAY, APRIL 27, 2019, FROM 10:00 A.M., TO 2:00 P.M., THERE WILL BE MUSIC AND ART, ENCOURAGED EVERYONE TO ATTEND CITY ATTORNEY COOPER - MR. COOPER ADDRESSED SEVERAL COMMENTS THAT WERE DIRECTED TO COUNCIL DURING PUBLIC COMMENTS, STATED THAT THE CITY CONDUCTS ITS MEETINGS UNDER THE TEXAS OPEN MEETINGS ACT, IN THE ACT THERE IS A SECTION THAT INSTRUCTS GOVERNMENTAL BODIES SUCH AS THE CITY COUNCIL HOW TO CONDUCT PUBLIC OPEN MEETINGS, ONE OF THE THINGS THAT'S BEEN ADDRESSED TODAY IS COUNCIL NOT BEING ABLE TO ANSWER QUESTIONS OR DISCUSS ISSUES WITH CITIZENS AT THE PODIUM, THE LAW SPECIFICALLY SAYS "THAT IF AN ITEM ISN'T A POSTED ITEM ON AN AGENDA IT CANNOT BE Minutes — April 9, 2019 DISCUSSED, WHEN A CITIZEN IS AT THE PODIUM THE CITIZEN CAN ASK QUESTIONS, MAKE COMMENTS TO THE COUNCIL AND THE COUNCIL CAN MAKE STATEMENTS OF FACT OR ASK THAT AN ITEM BE PLACED ON A FUTURE AGENDA", THERE CANNOT BE DISCUSSION AMONG THE COUNCIL OR WITH THE PERSON AT THE PODIUM, STATED THAT THE ACT ALSO STATES "THAT IT'S A CRIME TO VIOLATE THE TEXAS OPEN MEETINGS ACT ON BOTH SIDES", ANOTHER ISSUE THAT WAS ADDRESSED WAS CITY COUNCIL CONDUCTING MATTERS IN EXECUTIVE SESSION, THE SAME OPEN MEETINGS ACT "WHICH ALLOWS FOR CERTAIN TOPICS TO BE DISCUSSED BY THE COUNCIL IN WHAT IS CALLED THE EXECUTIVE SESSION, THERE CANNOT BE A VOTE TAKEN IN AN EXECUTIVE SESSION, IF ,,A VOTE IS TO BE TAKEN, THE COUNCIL MUST COME OUT OF THAT EXECUTIVE SESSION AND IF THE ITEM IS POSTED FOR AN ACTION ITEM A VOTE CAN BE TAKEN AT THAT TIME", NO VOTES ARE TAKEN IN AN EXECUTIVE SESSION, AGAIN IT WOULD BE A CRIME TO DO SO, MR. COOPER ALSO STATED THAT CITIZENS COMMENTING AT THE PODIUM ISN'T A RIGHT, THE COUNCIL HAS GIVEN THE PREROGATIVE OF CITIZENS TO ADDRESS THEM IN AN OPEN SESSION ALLOWING THEM THREE MINUTES TO SPEAK, THAT IS NOT A RIGHT THAT'S GIVEN BY LAW WHEN CONDUCTING AN OPEN MEETING, THAT RIGHT OR THE ABUSE OF THAT RIGHT/ PRIVILEGE CAN BE TAKEN AWAY CITY MANAGER HAYES - NONE MAYOR AMES - ANNOUNCED THE BUTTERFLY RELEASE ON SATURDAY, APRIL 27, 2019, AT 11:00 A.M., AT FORD PARK, ALSO THE TEXAS TRASH OFF ON SATURDAY, MAY 18, 2019, STARTING AT 8:00 A.M., TO 12:00 P.M., CITIZENS AND OR GROUPS CAN REGISTER ONLINE AT BEAU MONTTEXAS. GOV, STATED THAT THE BUDGET CAN BE FOUND IN THE CITY CLERK'S OFFICE AS WELL AS ON THE CITY'S WEBSITE, GAVE CONDOLENCES TO THE FAMILY OF YU ZHAO GU WHO WAS A VIOLINIST WITH THE SYMPHONY OF SOUTHEAST TEXAS Open session of meeting recessed at 3:54 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at 3455 Sarah Street Minutes —April 9, 2019 There,beina no action taken in Executive Session, Council adjourned. Minutes —April 9, 2019