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MIN OCT 22 2019Confirmation of committee appointments - Resolution 19-234 The following citizens would be appointed to the Community Development Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Norma Sampson David Mulcahy Pat Anderson Scott Knowles Walt Wendler Kevin Roy Charles Shajari Dr. Crystal Colbert Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Convention and Tourism Advisory Board. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Frank Messina Ann Rothkamm Ava Graves Cynthia Hernandez Jake Tortorice Robert Calvert Roy West Cheryl Guillory Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Historic Landmark Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Appointed By Paula Blazek Councilmember W.L. Pate, Jr. Hester Bell Councilmember Randy Feldschau Terry Hallemann Councilmember Taylor Neild The following citizens would be appointed to the Library Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Dora Nisby Larue Smith Appointed By Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Parks and Recreation Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Appointed By Laurie Leister Mayor Becky Ames Barbara White Mayor Becky Ames Austin Williams Councilmember W.L. Pate, Jr. Steve McGrade Councilmember W.L. Pate, Jr. Minutes — October 22, 2019 Jason Wade Apodaca Councilmember Randy Feldschau Vivian Todd Councilmember Taylor Neild John Neil Councilmember Taylor Neild Shannon Mire Councilmember Robin Mouton The following citizens would be appointed to the Planning and Zoning Commission. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Lynda Kay Makin Roy Steinhagen Tom Noyola Taher Quraishi M.S. Shawn Javed Appointed By Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Robin Mouton The following citizens would be appointed to the Police Department Community Advisory Committee. The terms would commence October 22, 2019 and expire September 30, 2021. Citizen Rev. Dwight Benoit Sandra Womack Jesus Abrego Roy Steinhagen Jon Reaud Alma Hodge Rodney Robichau Jonathan Owens Rev. Vernon Tubbs M.S. Shawn Javed Appointed By Mayor Becky Ames Mayor Becky Ames Mayor Becky Ames Councilmember W.L. Pate, Jr. Councilmember W.L. Pate, Jr. Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Taylor Neild Councilmember Robin Mouton Councilmember Robin Mouton A) Approve the purchase of two vehicles for use in the Fire Department - Resolution 19-235 B) Approve the renewal of an annual maintenance agreement with Tyler Technologies for software support used in Municipal Court - Resolution 19-236 C) Approve a payment of dues to the South East Texas Regional Planning Commission for Fiscal Year 2020 - Resolution 19-237 D) Authorize the City Manager to apply for and receive a grant for financial education materials to be used in the Library System - Resolution 19-238 E) Authorize the City Manager to execute an agreement with Uniti Fiber for the placement of fiber optic cable in public rights-of-way - Resolution 19-239 F) Authorize the acceptance of a License to Encroach Agreement with Danny Fruge - Resolution 19-240 G) Authorize the acceptance of a License to Encroach Agreement with Donna Pairsh - Resolution 19-241 Minutes — October 22, 2019 H) Authorize the settlement of the lawsuit styled Hermelinda Urieta v. City of Beaumont; Cause No. A-203,879 - Resolution 19-242 1) Approve the reappointment of Paula Blazek to the Civil Service Commission - Resolution 19-243 Councilmember Samuel moved to approve the Consent Agenda. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NIELD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an ordinance accepting the 2019 Certified Tax Roll (FY 2020). The. Jefferson Central Appraisal District submitted the Certified Appraisal Roll on July 19, 2019, in the amount of $7,669,216,149. On September 17, 2019, the Council approved an drdinance to accept the appraised roll and established the property tax rate for the tax year 2019 (FY 2020). As required by Section 26.09 of the Tax Code: The tax assessor for a taxing unit shall calculate the tax imposed on each property included on the appraisal roll for the unit and send a Certified Tax Roll to the unit to be approved by Council. Approval of the ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ACCEPTING THE CERTIFIED TAX ROLL SUMMARY FOR THE TAX YEAR 2019 (FISCAL YEAR 2020); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-066 2. Consider a resolution approving the purchase of 32 vehicles for use by various City departments. Replacement vehicles are requested through the City's budget process. The Fleet Manager reviews the requests and evaluates the vehicles to be replaced. Based on this evaluation a recommendation is made to replace worn and obsolete vehicles that are no longer cost Minutes — October 22, 2019 effective to operate. The vehicles to be purchased are replacing models ranging from 2005 to 2016, except one Ford F-150 truck that will be an addition to the City's Streets and Drainage fleet for use by the new Hot Shot Crew. The vehicles being replaced will be disposed of in accordance with the City's surplus equipment policy. The vehicles will be purchased from Silsbee Ford in the amount of $1,325,673.18. Pricing was obtained through the GoodBuy cooperative purchasing program, which provides cities and political subdivisions the means to purchase specialized equipment at volume pricing. GoodBuy complies with State of Texas' procurement statutes. Warranties of 36,000 miles or three years are provided for each new vehicle. Warranty service is provided by local authorized dealerships. Funds will come from the Capital Reserve Fund ($1,109,564.76) and the Water Utilities Fund ($216,108.42). Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF THIRTY-TWO (32) VEHICLES FOR USE BY VARIOUS CITY DEPARTMENTS FROM SILSBEE FORD, OF SILSBEE, TEXAS, IN THE AMOUNT OF $1,325,673.18 THROUGH THE GOODBUY COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-244 3. Consider a resolution authorizing the City Manager to execute a contract with Allco, Ltd. for the Emergency Wastewater Treatment Plant Bar Screen Replacement Project. The Wastewater Treatment Plant is located at 4900 Lafin Road. The plant utilizes two (2) mechanical bar screen systems that remove large debris and other materials at the entrance of the Plant. The existing bar screen system was installed by Allco, Ltd., and has been in service since 2011. During Tropical Storm Imelda, both mechanical bar screens were damaged. Immediately after the storm, Allco removed the bar screens to assess the damage. Vision Equipment, the original vendor of the screens, evaluated the screens and determined that they were damaged beyond repair. Water Utilities obtained two separate quotes from Allco. The first quote is for the emergency direct replacement of the mechanical bar screens for $802,075.00. The second quote is for the fabrication and installation of a temporary manual bar screen for $90,603.00. The temporary bar screen is required to minimize the potential damage to the pumps while the permanent screens are fabricated and installed. Minutes — October 22, 2019 Q Initial discussions with the Texas Division of Emergency Management (TDEM) and the Federal Emergency Management Agency (FEMA) indicated that the City must perform any emergency repairs to protect the public health and safety and to also prevent or limit any future damages to related equipment. Staff is working to meet all FEMA procurement requirements in order to remain eligible for reimbursement for these damages in the event a federal disaster declaration for public assistance is eventually declared. Contract documents were prepared by the Engineering Division. Execution of the contract with Allco, Ltd., in the estimated amount of $892,678.00 is recommended. Funds will come from the Imelda Recovery Fund Pending public assistance declaration for 90% reimbursement from FEMA. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT A CONTRACT WITH ALLCO LTD., IN THE ESTIMATED TOTAL AMOUNT OF $892,678.00 IS NECESSARY FOR THE EMERGENCY WASTEWATER TREATMENT PLANT BAR SCREEN REPLACEMENT PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LTD., IN THE ESTIMATED AMOUNT OF $892,678.00 FOR THE EMERGENCY WASTEWATER TREATMENT PLANT BAR SCREEN REPLACEMENT PROJECT. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: COUNCILMEMBER NEILD MOTION PASSED Resolution 19-245 Consider a resolution authorizing the City Manager to award a contract to Gulf Coast (a CRH Company) for the Old Dowlen Road Asphalt Resurfacing Project. The project consists of the rehabilitation of the road by mixing the existing material with a cement treatment and then overlaying the new base with asphalt. On October 3, 2019, four (4) . 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 Gulf Coast a CRH Company Beaumont, TX $295,779.00 Green Dream International, LLC Erie, PA $398,048.35 LD Construction Beaumont, TX $413,061.00 ALLCO, LLC Beaumont, TX $585,854.00 Engineer's Estimate $287,169.26 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Gulf Coast, in the amount of $295,779.00. A total of 45 working days are allocated for.completion of the project. Minutes — October 22, 2019 Funds will come from the Capital Program and Street Rehabilitation Program. Approval of the resolution. COuncilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO GULF COAST A CRH COMPANY, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $295,779.00, FOR THE OLD DOWLEN ROAD ASPHALT RESURFACING PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GULF COAST A CRH COMPANY, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-246 5. Consider a resolution authorizing the City Manager to execute Change Order No. 3, accept maintenance and authorize a final payment for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. On December 19, 2017, by Resolution No. 17-268, City Council awarded a contract to ALLCO, LLC, of Beaumont in the amount of $3,211,284.00, for the Dowlen Road (Hwy 69 Frontage Road to 1,300 -ft north of College Street) Project. Previous Change Order Nos. 1-2, in the amount of $228,157.58, resulted in an increase to the original contract amount making the new contract amount $3,439,441.58. Change Order No. 3, in the amount of ($181,581.26), 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 resulted in a final contract amount of $3,257,860.32. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 3, maintenance and final payment in the amount of $255,762.12 is recommended. Department of Transportation Federal Highway Administration in the amount of $2,569,027.20 and the remaining amount from the Capital Program. Approval of the resolution. COuncilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, IN THE AMOUNT OF ($181,581.26, FOR ADDITIONAL WORK, THEREBY DECREASING THE CONTRACT AMOUNT TO $3,257,860.32 FOR THE DOWLEN ROAD (Hwy 69 FRONTAGE ROAD TO 1,300 FT. NORTH OFICOLLEGE STREET)_ PROJECT AND THAT THE PROJECT BE ACCEPTED AND THAT THE CITY MANAGER IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT..OF $255,762.12 TO ALLCO, LLC., OF BEAUMONT, TEXAS. Mayor Pro Tem Pate seconded the motion. Minutes — October 22, 2013. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 19-247 6. Consider a resolution authorizing the City Manager to purchase 284 phones for the Police Department. In the recent Texas legislative session, the Senate passed S13944. This bill specifies that messages regarding public information sent on public or private devices are subject to public records requests and must comply with your organization's standard retention schedule. To be safe, text messages sent from Police devices will need to be retained for seven (7) years. The only way to ensure compliance with this bill is to obtain phones on a business account and archive all incoming and outgoing text messages from the phones. We plan to split the purchase between Verizon and AT&T. Both vendors offer a $39.99/month plan for unlimited service. There are currently around 56 phones within the Police Department paid for by the City. We will be terminating service on these phones when we receive the new ones as well as for those employees that currently receive a cell phone allowance Currently both phone vendors are offering heavy discounts on the iPhone XR. With these discounts we expect to pay $50 or less per phone. The maximum cost for all phones should be $14,200 or less. We are still evaluating and comparing the various software options for archiving the text messages on the phones. Once that process is finished, we can pair the selected solution with these phones to meet the SB944 requirement. Funds will come from the General Fund. The estimated new cost for providing the phones only within the Police Department is $96,193.50. Approval of the resolution. Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF TWO HUNDRED EIGHTY-FOUR (284) IPHONE XR CELLULAR PHONES FROM VERIZON AND AT&T IN THE ESTIMATED AMOUNT OF $14,200.00 FOR USE BY THE POLICE DEPARTMENT. Councilmember Feldschau seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes — October 22, 2019 Resolution 19-248 7. Consider an ordinance granting a new solid waste franchise agreement with Superior Waste Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Seven entities currently have nonexclusive franchise agreements with the City. Superior Waste Solutions, LLC has requested a franchise agreement. They were founded in July of 2019 and plan to operate from 6315 N. Twin City Hwy, Beaumont 77705. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. This is the first reading. A franchise fee of seven percent (7%) of gross receipts will be paid to the City. Approval of the ordinance. COuncilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO SUPERIOR WASTE SOLUTIONS. Mayor Pro Tem Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 19-067 MOTION PASSED COMMENTS Public Comments (Persons are limited to three minutes) Minutes — October 22, 2019 George Kemp Jr. 4850 Ada Ave. Beaumont TX Spoke to Council regarding the four way stop sign at Concord and Dowlen, stated that the stop signs were brought closer together but citizens are still running the stop signs, they are speeding on Dowlen leading to Concord, law enforcement had been coming regularly now they seldom come out to monitor the intersection, the traffic is coming off of 1-10 to Dowlen then Concord because they are using it as short cut to get to Hwy 105, appreciates what Dr. Majdalani did in regards to bringing the stop signs closer together but it's not working, asked that the city please look into putting a stop light at this intersection and maybe this will stop citizens from running the four way stop sign or a major accident occurring Terry Roy 9150 Shepherd Beaumont TX Spoke regarding the inability to not be able to flush his toilet when it rains, stated that this has been going for six or seven years if not longer in his neighborhood, it's no way to live in 2019, no one in Beaumont should have to live like this, upset that he's been told that it's been worked on, it's been fixed and then that it can't be fixed, stated that it's unacceptable to him as a tax payer Clinon Kyle 10580 Vinson Spoke to Council regarding inadequate street lighting in drivers can't see when traveling in his neighborhood, Councilmember and the current Councilmember of Ward Beaumont TX his neighborhood, certain that has talked with his previous I as well as the Public Works Director, found out that there is a City Ordinance that will fix the problem, asked the Council to consider looking into and fixing the street lighting issue, also asked that someone get back with him in the next thirty days or so as to when the lighting may be done Joseph Haynes 415 Center St. Beaumont TX Spoke regarding the water issue that he spoke about on last week, stated that there has been no resolution to getting his water restored at his office despite his and Councilmember Getz's best efforts, at the end of last weeks meeting he was promised a phone call that never came, asked that Council escalate the matter to a level of a public hearing, there's no way he could present his case in three minutes or less, pretty sure that the water department will want to have a response as well, it's his hope that Council will put this on the next agenda Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER GETZ - GO ASTROS COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM PATE - COMMENTED ON THE LOSS OF JUDGE LARRY GIST, GAVE CONDOLENCES TO HIS FAMILY Minutes — October 22, 2019 COUNCILMEMBER SAMUEL - HAD A CONCERN REGARDING MAGNOLIA, STATED THAT HE WOULD ADDRESS HIS CONCERNS WITH THE CITY MANAGER UPON HIS RETURN COUNCILMEMBER MOUTON - GAVE CONDOLENCES TO THE FAMILY OF COACH .JOHN CLAYTON CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ABSENT MAYOR AMES - ANNOUNCED THE COPS AND KIDS CARNIVAL AT THE BEAUMONT CIVIC CENTER FROM 10:00 A.M., TO 2:00 P.M., ON SATURDAY, OCTOBER 26, 2019, AS WELL AS DINOSAUR DAYS AT THE ENERGY MUSEUM, VERY PROUD OF THE CULTURAL ARTS DISTRICT, ASKED THAT EVERYONE TAKE ADVANTAGE OF ALL OF THE EVENTS THAT ARE TAKING PLACE WITHIN THE CITY FOR THE MONTH OF OCTOBER, ENCOURAGED CITIZENS WHO HAVEN'T DOWNLOADED THE DISCOVER BEAUMONT APP ON THEIR PHONES TO PLEASE DO SO, THE APP WILL HELP THEM KEEP UP WITH ALL OF THE GREAT THINGS THAT ARE HAPPENING WITHIN THE CITY, CITIZENS CAN ALSO GO THE CITY'S WEBSITE FOR THE INFORMATION AS WELL Witb there being.no Executive Session Council adjourned at 2:28 p.m. Tina Broussard, City Clerk Minutes — October 22, 2019