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MIN AUG 06 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 AUGUST 6, 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 August 6, 2019, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: :�]».I1►[r Invocation Pledge of Allegiance Roll Call * Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Edison Colbert with Paradise Baptist Church gave the invocation. Isabella Urabe with Troop 1981 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, Samuel and Mouton. Absent: Kyle Hayes, City Manager. Also present was Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda None CONSENT AGENDA Approval of minutes — July 30, 2019 * Confirmation of committee appointments - None A) Authorize the City Manager, or his designee, to apply for and receive grant funds to purchase Respirators for use in the Fire Department — Resolution 19-158 Minutes —August 6, 2019 B) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to BCAC Underground, LLC — Resolution 19-159 C) Authorize the City Manager to execute Change Order No. 2 to the contract with Excavation & Construction, LLC, forthe Chlorination Contact Chamber Rehabilitation Project— Resolution 19-160 Councilmember Mouton moved to approve the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS PUBLIC HEARING Receive comments on a determination of the Public Health Director that a public health nuisance exists on the property owned by Woodrow Wilson Leone, Jr. located at 4800 M.L. King Jr. Parkway; Beaumont, Texas 77705 Public Hearing Open: 1:37 p.m. None Public Hearing Close: 1:37 p.m. 1. Consider an ordinance finding and ratifying the determination of the Public Health Director that a public health nuisance exists on the property owned by Woodrow Wilson Leone, Jr. located at 4800 M.L. King Jr. Parkway; Beaumont, Texas 77705. According to Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec 10.01.001. a nuisance is defined as whatever is dangerous to human life or welfare or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further states in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The violations on this property are: Rodent Harborage: Chapter 10 Health & Sanitation, Article 10.04, Section 10.04.001 & Section 10.04.003 Excessive Litter: Chapter 12 Offenses & Nuisances, Article 12.07, Section 12.07.002 Minutes —August 6, 2019 Mosquito Breeding Conditions: Chapter 10 Health & Sanitation, Article 10.05, Section 10.05.005 Stagnant Water: Chapter 10 Health & Sanitation, Article 10.01, Section 10.01.003 Weeds: Chapter 10 Health & Sanitation, Article 10.06, Sec 10.06.001 If the property owner fails to comply within ten (10) days, staff is requesting the authorization of City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. The legal description of the property is LAMAR L15-18 B11 NE PT L19 B11 4800 M L King Jr. PKWY S. Funds will come from the General Fund/Public Health funds. Approval of the ordinance. COuncilmember Mouton moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING A CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND ORDERING ABATEMENT; AUTHORIZING CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SEVERABILITY AND PROVIDING FORA PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-047 WORK SESSIONS Review and discuss the bid process used for the construction of street, drainage, general improvement, and water/sewer projects Dr. Majdalani, Public Works Director discussed the bid process used for the construction of streets, drainage, general improvement and water/sewer projects. Dr. Majdalani discussed the overview of the letting procedures and the period from approval to advertisement for construction to the issuance of the notice to proceed to the contractor. There was discussion regarding the department sending the City Clerk the request for advertisement with publication dates. The next step after publication is the availability of plans, any addendums that may have to be done due to questions raised by bidders (submitted in writing) that may not have been addressed specifically by the plans and specifications. There was discussion of a mandatory pre-bid meeting (if applicable), submittal of bid proposals by contactors and the actual bid opening, the bid analysis as well as the unbalanced bid analysis. The City will obtain all necessary City administrative approval to enter into a contract with the low bidder. The lowest bidder will be required to execute and return a construction contract,prepared and supplied by the City within fourteen (14) calendar Minutes —August 6, 2019 days afterthe date on the City's transmittal letter. Within fourteen (14) calendar days after the date appearing on the City's transmittal letter, the successful bidder will furnish to the City the: 1. Original Certificates of Insurance Coverage 2. Certificates of Workers Compensation Coverage 3. A signed contract 4. Contractor is required to submit a completed "MBE Commitment Agreement" plan within 5 days of the bid opening. Once the award of the contract is done the City will then prepare an agenda item requesting the award or rejection of the construction project. The City will contact the winning bidder for the performance and payment bonds. The contract packet will then be prepared for the City Manager (or designee) to sign and return. Both are then forwarded to the City Attorney's office and the City Manager or designee, for approval. After the contract is fully executed, a pre -construction meeting will be scheduled within (2) weeks. PUBLIC COMMENTS - REGARDING WORKSESSION ON BID PROCESS Steve Hoffman 7045 Blarney St. Beaumont TX Commented on the 5% rule that was discussed earlier for the local and nonlocal bids at $100,000.00, asked if the law was dated, the $100,000.00 seems like a low amount for a construction job, it doesn't sound reasonable for contractors to get a fair share, could there be a way to approach the State and ask if this amount could be adjusted Jennifer Gordy 5458 Avenue A Beaumont TX Stated that she was the Executive Director of Associated General Contractors of Southeast Texas, which deals with contractors every day, the staff searches the web sites looking at publications in a 6 1/2 County area for any bids, addendums or changes in the projects, this is very seriously, if they miss an addendum it could cost someone a job, stated that she and staff have also discussed the emails and how tricky that can get, if someone misses sending an email it could be very dangerous, the company has a master list and is in constant contact with the contractors on the list, the contractors have to join to be a member in order to be on the master list and there is a fee to join Kenny Vaughn 1555 S. Major Dr. Beaumont TX Stated that soliciting more contractors in any way is beneficial to the City, the more contractors that are bidding on the jobs the larger the pool is to pick from, stated that small subcontractors that he has reached out to are excited to come work for him until he states where he lives, many of them won't even come and bid on his jobs, stated that he can speak from experience, that the last six months has been the roughest six months professionally of his life, it all has been battling his own City to get started on a construction project, it has cost him thousands of dollars, there are great people in the Building Codes Department but they are misguided people, the City could do so \ Minutes — August 6, 2019 much better and so much easier to work with if they would do whatever they can to reach out to Contractors and enforce the codes Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Review and discuss the requirements involved related to the construction of sidewalks by the private and public sectors Chris Boone, Community Development Director and Dr. Joe Majdalani, Publics Works Director reviewed and discussed the requirements related to the construction of sidewalks by the private and public sectors. Mr. Boone discussed the history of sidewalks, stated that there has been questions as to why there are sidewalks in in certain parts of the City versus other parts of the City. There were several slides from 1938 that were shown that were in the downtown area. It could costa million dollars or more per mile to do sidewalks and driveways. With new construction sidewalks are now being installed, on the commercial side the developer as well as school districts are required to add sidewalks with new construction. Dr. Majdalani, Public Works Director discussed the difficulties with constructing new sidewalks and ramps with existing structures. Existing driveways exceeding 2% to 8% vertical slopes need to be removed and reconstructed, existing driveways having vertical slopes 8% to 16% are removed and reconstructed beyond the right of way line. Existing utilities often create a break in a straight alignment of the sidewalk (light poles, fire hydrants etc.), citizen complaints are high when construction involves removing landscaping or placement of the sidewalks is near right of way line vs. being placed at the back of the curb. There was also discussion regarding some sidewalks that will be done in the different Wards throughout the City. Safe routes to schools at Guess Elementary, Homer Elementary, Caldwood Elementary, Marshall Middle School, Charlton Pollard Elementary, King Middle School, Blanchette Elementary and Pietzsch MacArthur Elementary will be looked at to add sidewalks. Review and discuss the City's Small Business Revolving Loan Program Chris Boone, Community Development Director reviewed and discussed the City's Small Business Revolving Loan Program. ,Mr. Boone discussed the history, structure, other sources of small business loans. The recent history was discussed regarding the changing of the rules from HUD that enhanced its oversight and now requires the City to be responsible for the success of businesses or loans that was to be repaid from the General Fund for businesses that failed to perform. The City was forced to repay $22,500.00 from the General Fund to cover certain loans that defaulted despite the City having a judgement against the loan recipient. A review of the micro loans showed a vast majority (78%) are no longer in business, 'the City then suspended the micro loan program. Soon after that the EDA sequestered some of the EDA portions of the funds for lack of activity. The City was then contacted by the EDA and asked for the return of all EDA funding due to limited activity or transfer it to another entity. The City then attempted. to transfer the funds locally to SETEDF as well as BCL in Austin, TX, another CDC to try to avoid returning the funds. However, because of a required local match and HUD's requirements that the CDBG requirements would need to "follow" the EDA funds, the Minutes — August 6, 2019 transfer became problematic. Specifically, the City would continue to be responsible to monitor and report performance and local tax payers would be responsible for those businesses that failed to perform. The EDA has already sequestered some funds and is requesting the return of the balance of EDA funds. The CDBG funds could continue as an RLF. However, the loans are higher risk, they must be turned down for a conventional loan or micro loan. Approximately 78% of the businesses that applied over the last three decades cannot be located today. New HUD scrutiny would necessitate local tax payers covering the cost of businesses that fail to perform under guidelines (job creation, reporting, etc.). COMMENTS Public Comments (Persons are limited to three minutes) Jeremy Pavlich 695 Chamberlin Dr. Beaumont TX Stated that's it's very encouraging to have such a great City Council that does work with the citizens and listens to their concerns, spoke regarding the local work issue, right now there are a lot of people that are using a workforce that may not be necessarily documented and may not necessarily be classified the right way, they sort of illegally call them independent contractor, it's legally misclassifying a worker, there's a certain criteria that has to be met in order to be an independent contractor, a lot of these people can get away with calling their people independent contractors and then putting the tax burden on that person, that person doesn't have any documentation or any means to pay taxes or even be billed for said taxes, that knocks some of our local competitors out of the race, stated that he knows that there are a lot of great contractors that do the right thing and are responsible bidders, mentioned the low cost and low bid, there's a state law that gives a 5% break for a $100,000.00 and below, it would be great if the contractors can have some consideration, thanked Council for having the contractors come to the meeting and it's very encouraging that Council is putting so much effort into hearing what they have to say Stephen Watson 6015 Townhouse Ln. Beaumont TX Congratulate the City's 311 system, stated that they are doing a fantastic job, he has called maybe five or six times this year, the customer service is great, also congratulated the Convention and Visitors Bureau, they are the best staff that he's ever dealt with, they are energetic, they take care of business, commented on the P3 app that can be downloaded to cell phones, Crime Stoppers is rolling this out to all of the high schools in three Counties in South East Texas, if someone is thinking about harming themselves, having issues at home etc., these thing can be done on this app and it's anonymous, asked if Council could begin the Council meetings with a safety statement, the safety statement is just two things, one tell citizens that are attending where the exits are, second which exits they can us to exist the room David Pete 6355 Chinn Ln. Beaumont TX Stated that he wanted to bring back one issue that is still unresolved or that Council refuses to address and that is the L.L. Melton situation, his issue is concerning the lease, the City entered into a lease agreement with Dr. Farrell, in the lease agreement there are stipulations Minutes —August 6, 2019 that must be adhered to and followed, doesn't understand why it's taking so long for the Council to address those issue and why hasn't Dr. Farrell been asked to come before the City Council answer the question as to why she hasn't conformed and complied to the lease agreement, it's clear that when the lease was signed Dr. Farrell agreed to keep the facility open to the public, while the Council is still waiting on litigation the community suffers for the lack of a community center to accommodate the kids, thinks that's unfair, the only center in. the entire City is the Sterling Pruitt Center, commented on the sidewalk project Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - STATED THAT OVER THE LAST FEW WEEKS HE HAS HAD THE OPPORTUNITY TO GO TO SEVERAL NEIGHBORHOOD ASSOCIATION MEETINGS, AFTER TALKING TO CITIZENS ONE OF THE MOST COMMON THINGS THAT HE HAS HEARD IS A REQUEST TO HAVE A CITY COUNCIL MEETING ON SOME ROUTINE BASIS IN THE EVENING, WOULD LIKE COUNCIL TO CONSIDERAN EVENING COUNCIL MEETING ONCE A MONTH HERE AT CITY HALL COUNCILMEMBER GETZ - STATED THAT HE HAS HAD THE SAME COMMENTS BROUGHT TO HIM BY CITIZENS, HE'S ADVOCATED THAT THERE BE A COUNCIL MEETING ONCE A QUARTER IN THE FOUR WARDS, THAT IDEA DIDN'T HAVE MUCH TRACTION, THINKS THAT IT WOULD BE A GOOD IDEA TO HAVE AN EVENING MEETING ONCE A MONTH HERE AT CITY HALL COUNCILMEMBER FELDSCHAU - MENTIONED THE SHOOTING INCIDENTS THAT OCCURRED IN EL PASO, AND THEN IN OHIO, STATED THAT THERE WAS ANOTHER SHOOTING AT NOON TODAY AT A WALMART IN BATON ROUGE, AND THERE WAS SOMETHING THAT OCCURRED IN GALVESTON AS WELL, STATED THAT HE HAD NO DETAILS ON EITHER OF THESE INCIDENTS AT THIS TIME, ENCOURAGED CITIZENS TO PLEASE PAY ATTENTION WHEN THEY ARE OUT AND ABOUT, ASKED THAT EVERYONE PRAY FOR THOSE THAT ARE FACING THESE SHOOTINGS, SUPPORT THE LOCAL LAW ENFORCEMENT AS MUCH AS POSSIBLE, LET THEM KNOW THAT YOU APPRECIATE THEM, LET'S STAND WITH THOSE THAT ARE PUTTING THEMSELVES IN HARMS WAY EACH AND EVERYDAY TO PROTECT US MAYOR PRO TEM PATE - ECHOED COUNCILMEMBER FELDSCHAU STATEMENT, THOUGHTS AND PRAYERS GO OUT TO THOSE THAT HAVE BEEN IMPACTED BY THE CURRENT ATTACKS, STATED THAT THERE'S A LOT OF THINGS GOING ON IN OUR COUNTRY, SOME REALLY GOOD AND SOME NOT SO GOOD, BUT THINKS THAT WE NEED TO TAKE A MOMENT AND REALIZE THAT HUMAN LIFE MEANS SOMETHING, GOD MADE ALL OF US, IN AMERICA WE CAN BELIEVE IN WHATEVER GOD WE WANT TO OR NO GOD AT ALL, THOSE WHO DO UNDERSTAND THAT EVERY SINGLE PERSON Minutes — August 6, 2019 THAT DIED WAS A CHILD OF GOD, THERE ARE THOSE THAT HAVE MENTAL ISSUES THAT NEED TO BE ADDRESSED, THOSE IN AUSTIN NEED TO WORK A LITTLE CLOSER WITH THE MENTAL HEALTH ASSOCIATION TO ADDRESS SOME OF THESE ISSUES, NOT TO SAY THAT EVERYBODY THAT DOES THESE SORT OF THINGS ARE MENTALLY ILL, BUT IT WOULD BE HARD PRESSED TO THINK WHEN YOU'RE DOING SOMETHING LIKE THAT THEY AREN'T, WE ARE FORTUNATE TO LIVE IN A COUNTRY WHERE ROUTINELY WE ARE SAFE AND MUCH SAFER THAN A WHOLE LOT OF OTHER PEOPLE, ENCOURAGED STAFF TO MAKE THE P3 NOTICE AVAILABLE ON THE CITY WEB SITE, COUNCILMEMBER SAMUEL - CONCURRED WITH COUNCILMEMBER PATE COUNCILMEMBER MOUTON - GAVE CONDOLENCES TO THE PEOPLE IN DAYTON, OHIO AND EL PASO, TEXAS, ALSO MENTIONED THE SHOOTINGS IN BATON ROUGE AND GALVESTON, STATED THAT SHE'S PRAYERFUL FOR THOSE CITIES, WE ARE SO BLESSED NOT TO HAVE HAD A TRAGEDY LIKE THAT, WILL CONTINUE TO PRAY FOR OUR CITY, COUNTY AND FOR ALL OF OUR LAW ENFORCEMENT THAT PROTECT US CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ABSENT MAYOR AMES - THANKED MR. WATSON FOR HIS COMMENTS, STATED THAT THERE IS ALSO AN APP FOR 311, IT'S BEAUMONT311, WILL MAKE SURE THAT THE P3 APP INFO IS ON THE CITY'S WEB SITE, COMMENTED ON MEETINGS IN THE EVENING, STATED THAT THIS WAS A CAMPAIGN INITIATIVE OF HERS WHEN SHE RAN FOR MAYOR IN 2007TO HAVE MEETINGS IN EACH WARD IN THE EVENING, IT WAS TRIED AND WASN'T WELL ATTENDED, THERE IS EXPENSE INVOLVED TO TELEVISE AND SETUP, IF THE REST OF THE COUNCIL WOULD LIKE TO TRY EVENING MEETINGS ONCE A MONTH SHE WOULDN'T HAVE A PROBLEM WITH THAT, WOULD NOT BE A PROPONENT TO HAVING EVENING MEETINGS IN EACH WARDS, STATED THAT IF A CITIZEN COMES TO THE MIC AND SPEAKS THEIR COMMENTS AREN'T NECESSARILY CORRECT, THE FOLSOM PROJECT THAT THE PUBLIC WORKS DIRECTOR SPOKE ABOUT EARLIER WAS THE HIKE AND BIKE TRAIL WHICH WAS DONE SEVERAL YEARS AGO AND WAS DONE THROUGH A GRANT, IT HAD TO BE BUILT ON DRAINAGE DISTRICT 6 PROPERTY AS DID THE GULF TERRACE HIKE AND BIKE TRAIL, STATED THAT SHE DOES SIGN EVERY ORDINANCE THAT IS PASSED BY COUNCIL, NOTHING IS DONE ON AN INDIVIDUAL BASIS, EVERYTHING IS DONE WITH A MAJORITY VOTE, SHE DOESN'T IMPLEMENT CONTRACTS, THE CONTRACTS ARE DONE BY THE LEGAL DEPARTMENT AND OTHERS DEPENDING ON WHAT THE CONTRACT IS, IT HAS BEEN SAID Minutes — August 6, 2019 THAT THE COUNCIL DOESN'T WANT TO ENTERTAIN THE L.L. MELTON MATTER, THERE HAS BEEN INSIDE AND OUTSIDE ATTORNEY'S LOOK AT THE AGREEMENT, THERE'S NOT A LEGAL OPINION THAT SUPPORTS IT TO COME BACK TO COUNCIL, THEY AREN'T SITTING ON OR TRYING TO HIDE ANYTHING, GAVE CONDOLENCES TO THE SURROUNDING CITIES, ASKED THAT THERE BE A MOMENT OF SILENCE FOR THOSE INDIVIDUALS THAT LOST THEIR LIVES IN THE SHOOTINGS IN DAYTON, OHIO AND EL PASO, TEXAS Open session of meeting recessed at 4:08 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Carla Tyler and Lawanna Armstrong vs. City of Beaumont, Texas; Cause No. A-203,777 on taken in Executive Session, Council adjourned. r), 1 I / I� I ina Broussard, Uity GIerK Minutes — August 6, 2019