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MIN JUL 09 2019BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III July 9, 2019 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 July 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 items 1-3/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 and led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Nield, Getz, Feldschau and Samuel. Absent: Councilmember Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper,, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Know Your County Courthouse Day" - July 10, 2019 - Proclamation read by Councilmember Getz; accepted by Rev., J.D. Roberts, CEO and Founder of Save Our Children (SOC) Recognition — The Mayor stated that on June 22, 2019, the University of Houston Alumni Association -Black Alumni had a brunch to celebrate a history of legacy and leadership. Tyrone Cooper, the City Attorney, was one of the 2019 Heritage Honorees. The University honored his legacy of service to the City of Beaumont and for giving back to the University where he received both his undergrad degree and law degree. Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda Jude Paredez 10620 Gage Rd. Beaumont TX Spoke on Consent Agenda Items C,D & G, ask how hard it is to put the cost on these items, has the Consent Agenda and Agenda from the rear of the room, stated that if it's over $50,000.00 it's supposed to be placed for competitive bidding so that our local companies can bid on these items Minutes — July 9, 2019 CONSENT AGENDA Approval of minutes — June 25, 2019 Confirmation of committee appointments — None A) Authorize the City Manager or the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children Program (WIC) - Resolution —19-131 B) Approve a contract with Brenntag Southwest, Inc. of Lancaster for the purchase of aluminum sulfate for use in the Water Utilities Department - Resolution —19-132 C) Approve multiple contracts for the purchase of medical supplies used in the EMS Division - Resolution 19-133 D) Approve an agreement with Whitley Penn, LLP, of Houston, for auditing services - Resolution 19-134 E) Approve the purchase of pipe bursting equipment from TT Technologies, Inc. of Aurora, Illinois for use by the Water Utilities Department - Resolution 19-135 F) Authorize the City Manager to execute a reimbursement agreement with ExxonMobil for the partial closures of Van Buren Avenue and Fulton Avenue - Resolution 19-136 G) Authorize the -City Manager to execute Change Order No. 2, accept maintenance, and authorize final payment to Horseshoe Construction, Inc. - Resolution 19-137 H) Authorize the City Manager to execute all documents necessary to accept grant funds administered by the Office of the Texas Attorney General - Resolution 19-138 1) Authorize the City Manager or the Chief Financial Officer to execute all documents necessary for a Memorandum of Understanding between the 'City of Beaumont and the Texas Department of State Health Services - Resolution 19-139 J) Authorize the City Manager to execute a Memorandum of Understanding with Beaumont Preservation Partners, LLC - Resolution 19-140 K) Authorize the City Manager to execute a Memorandum of Understanding with Orleans San Jacinto, LP - Resolution 19-141 L) Authorize the City Manager to execute an agreement with the South East Texas Regional Planning Commission regarding the Region 9-1-1 System - Resolution 19-142 Mayor Pro Tem Pate moved to approve the Consent Agenda. Councilmember Neild seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE Minutes — July 9, 2019 MOTION PASSED GENERAL BUSINESS Consider an ordinance amending the FY 2019 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendment are as follows: The Capital Reserve Fund charges user fees to the departments that purchase fleet vehicles but relies on transfers from other funds to purchase equipment and building improvements through this fund. On June 11, 2019, a workshop was held with City Council to discuss several projects which were not included in the FY 2019 Budget. A transfer from the General Fund in the amount of $1,913,000 is being proposed this fiscal year in order to fund those projects. Project details are attached. 2. The Ike Recovery Fund was established to account for Hurricane Ike recovery costs. and FEMA/other related reimbursements. As discussed in a workshop with City Council on June 11, 2019, it is recommended to close this fund and transfer all remaining funds to the Capital Reserve Fund for future capital purchases. This fund has been kept active until FEMA related reimbursements have been audited, approved and no longer subject to deobligation. Staff has been informed that all costs have been audited and no net funds are expected to be subject to refund. Remaining funds in the amount of $1,684,688 will be transferred. Since the original budget appropriated an amount of $1,659,003, a budget amendment in the amount of $25,685 is required to appropriate the remaining balance of the transfer. Ike Recovery Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $1,659,003 $25,685 $1,684,688 General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $126,717,700 $1,913,000 $128,630,700 Minutes — July 9, 2019 Capital Reserve Fund Original Budget Proposed Amendment Amended Budget Total Revenues $2,775,300 $3,597,688 $6,372,988 Total Expenditures 1 $5,548,400 $1,913,000 $7,461,400 Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2019 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE IKE RECOVERY, GENERAL AND CAPITAL RESERVE FUNDS; TO APPROPRIATE ADDITIONAL REVENUES IN THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE; COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Ordinance 19-045 2. Consider approving a resolution authorizing the City Manager to award a contract to ALLCO, LLC, for the 11th Street Resurfacing Project (IH -10 to Delaware Street). On September 11, 2018, by Resolution No. 18-220, City Council authorized the City Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the 11th Street Resurfacing Project. 11th Street is a highly traveled five (5) lane roadway that requires concrete repair and asphalt resurfacing. On June 20, 201-9, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Oldcastle Materials Texas, Inc., dba Gulf Coast a CRH Company Beaumont, TX, $1,552,066.30 ALLCO, LLC Beaumont, TX $1,416,203.00 Engineer's Estimate $1,280,000.00 The Public Works Engineering Staff recommends this project be awarded to the lowest bidder, ALLCO, LLC, in the amount of $1,416,203.00. A total of 130 working days are allocated for completion of the project. Funds will come from the Department of Transportation Federal Highway Administration in the amount of $1,001,475.00 with the remaining $414,728.00 from the Capital Program. Approval of the resolution. Minutes — July 9, 2019 Councilmember Neild 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 $1,416,203.001 FOR THE 11TH STREET RESURFACING PROJECT (I1-1-10 TO DELAWARE STREET) AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU AND SAMUEL NAYS: NONE MOTION PASSED Resolution 19-143 3. Consider approving a resolution adopting revised Requirements for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings. In a Workshop conducted on June 24, 2019, the Council discussed revisions to the Guidelines for Speakers and Others in Meetings of the Beaumont City Council and Commission Meetings. The revised requirements are for Council consideration. These revised requirements may be amended in any way the. Council desires prior to their adoption. Approval of resolution. Mayor Pro Tem Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ADOPTS THE REQUIREMENTS FOR SPEAKERS AND OTHERS IN MEETINGS OF BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS WITH AN AMENDMENT TO ITEM ##5 (A PERSON WHO HAS BEEN ESCORTED FROM THREE (3) COUNCIL MEETINGS FOR RULES VIOLATIONS SHALL LOSE THE PRIVILEGE OF SPEAKING AT FUTURE CITY COUNCIL MEETINGS FOR A PERIOD OF 90 DAYS. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU l AND SAMUEL NAYS: NEILD MOTION PASSED Resolution 19-144 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) Minutes — July 9, 2019 Stephen Watson 6015 Townhouse Ln. Beaumont TX Updated Council on Crime Stoppers, thanked Council for their support through the Beaumont Police Department, stated that the Crime Stoppers program is working, it's expanding by leaps and bounds, wanted Council know that they are also focusing on preventing crimes, Crime Stoppers has a new Executive Director and a new office that's located in the Foundation of Southeast Texas building, they also have a new mobile display that is being taken around to various events,, at these events Crime Stoppers is speaking to citizens about things they can do to better secure their homes Jude Paredez 10620 Gage Rd. Beaumont TX Stated that he wanted to clarify certain matters related to the rights of the citizens of Beaumont, the citizen's rights are endowed to them by their creator, the Government doesn't have authority to remove those rights, at times governments may fail to secure their rights, at this time the Government is committing a crime, one of the citizens rights is to alter or abolish such a Government that has become a criminal enterprise, stated that if anyone is interested in joining the Civilian Review Board they may do so by calling 409-651-0623 David Pete 6355 Chinn Ln. Beaumont TX Commented on Council amending the Requirements for Speakers in Council meetings, stated that it seems odd to him that Council would only change one word in item #4, where it speaks about the City Council Chambers and the Councils actions, the only word added was shall, stated he finds it odd because Council addresses the citizens on what they should and should not do, stated that it's an unfair practice, it's not conducive to the community, it doesn't do anything to bring the community together, it continues to divide, doesn't understand why Council doesn't see that, also commented on the L.L. Melton as to what is going on with the facility, the issue has never been put on the agenda to be discussed openly and feels that it should Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - THANKED THE CITY STAFF ON A JOB WELL DONE FOR THE 47" OF JULY CELEBRATION, WOULD LIKE TO ENCOURAGE THE COUNCIL TO CONSIDER THE IDEA OF UPDATING THE CITY CHARTER, STATED THAT HE HAS STUDIED AND READ THE CHARTER IN DETAIL AND SEES A NEED FOR THE UPDATE IN THE NEXT COUPLE OF YEARS COUNCILMEMBER GETZ - THANKED CITY STAFF ON A JOB WELL DONE FOR THE 4T" OF JULY CELEBRATION, ALSO AGREED WITH COUNCILMEMBER NEILD REGARDING A CHARTER UPDATE, IT HAS BEEN SOME TIME SINCE AN UPDATE HAS BEEN DONE, EXPRESSED HIS PERSONAL APPRECIATION TO THE CITY MANAGER AND HIS STAFF FOR LISTENING TO THE CONCERNS OF THE CITIZENS OFF OF MAJOR DRIVE REGARDING THE CONSIDERATION OF A TRAFFIC LIGHT Minutes — July 9, 2019 COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - CONGRATULATED CITY STAFF ON THE AWESOME JOB THEY DID FOR THE 4TH OF JULY CELEBRATION, ALSO COMPLIMENTED THE FOLKS AT 1929 CALDER PLACE WHO HAD THEIR 4TH OF JULY PARADE, IT WAS GREAT TO SEE THE PEOPLE TURN OUT FOR THE PARADE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - ABSENT CITY ATTORNEY COOPER - THANKED THE MAYOR FOR ACKNOWLEDGING HIS RECOGNITION WITH THE UNIVERSITY OF HOUSTON ALUMNI ASSOCIATION, STATED THAT IT WAS VERY EXCITING TO BE HONORED BY HIS UNIVERSITY, IT WAS HUMBLING TO HIM AND HE WILL CONTINUE TO DO WHAT HE'S BEEN DOING CITY MANAGER HAYES - NONE MAYOR AMES - COMMENTED ON THE 4TH OF JULY CELEBRATION AND THE GREAT JOB THAT WAS DONE BY STAFF, ALSO COMMENTED ON THE SYMPHONY OF SOUTHEAST TEXAS THAT PLAYED OUTSIDE FOR THE FIRST TIME, THERE WERE NO INCIDENTS TO SPEAK OF, STATED THAT IF ANYONE MISSED IT TO PLEASE JOIN IN NEXT YEAR,,MENTIONED THE CALDER PLACE PARADE ON 4TH OF JULY MORNING, IT WAS WELL ATTENDED Open session of meeting recessed at 2:14 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: A portion, of the parking lot north of 701 Main Street (Civic Center) re being no agtion taken in Executive Session, Council adjourned. F - Tina Broussard, City Clerk Minutes —July 9, 2019