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Home My WebLink About01/26/2021 MIN.may, J-� ` 0 s .. T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Randy Feldschau; Mayor Pro Tern Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III JANUARY 26, 2021 Robin Mouton, Ward IV Tyrone 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 January 26, 2021, 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 David Johnson with Trinity 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 Feldschau, Councilmembers Neild, Getz, Pate, Samuel and Mouton. Absent: Kyle Hayes, City Manager. Also present were Tyrone Cooper, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda None CONSENT AGENDA Approval of minutes — January 19, 2021 Confirmation of board and commission member appointments - None A) Approve a resolution accepting the conveyance of a driveway and bridge improvements from Hilcorp Energy Development, LP located approximately 3,380 feet south of Dishman Road — Resolution 21-010 Minutes — January 26, 2021 B) Authorize the City Manager to execute Change Order No. 4 to the contract with ALLCO, LLC for the Sewer Plant Pump Replacement and Renewal Project - Resolution 21-011 C) Authorize the City Manager to terminate a Local Transportation Project Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the Old Dowlen Road Improvements Project - Resolution 21-01�2 D) Authorize the Mayor to execute a waiver granting permission for the Jefferson County Mosquito Control District to operate aircraft at a low altitude over the City of Beaumont for mosquito control purposes - Resolution 21-013 E) Authorize the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc - Resolution 21-014 F) Authorize the settlement of the lawsuit st Cause No. A-204508 - Resolution 21-01 Mayor Pro Tern Feldschau moved to seconded the motion. AYES: NAYS: MOTION PASSED GENERAL BUSINESS Kendrick Williams v. City of Beaumont et al; the Consent Agenda. Councilmember Neild MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NONE 1. Consider a resolution approving a lease purchase agreement for a fire truck. On March 17, 2020, City Council adopted Ordinance No. 20-009 approving the annexation of approximately 0.398 acres of land, which includes the bridge at Keith Road, located approximately 3,380 feet south of Dishman Road. On July 21, 2020, City Council approved Resolution No. 20-148 accepting the improvements. of the annexed 0.398 acres of land. Hilcorp Energy Development, LP has agreed to convey the driveway and bridge improvements located within the 0.398 a res of land on Keith Road, located approximately 3,380 feet south of Dishman Road to the City of Beaumont. Approval of the resolution. Councilmember Mouton moved to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY SIGNATURE PUBLIC FUNDING CORP, OF TOWS ION, MARYLAND, FORA FIVE (5) YEAR LEASE PURCHASE AGREEMENT AT A FIXED INTEREST RATE OIF 1.68% AND A TOTAL LEASE PURCHASE COST OF $796,200.80, FOR THE LEASE PURCHASE OF A PIERCE ENFORCER FIRE PUMPER TRUCK, BE ACCEPTED BY THE CITY OF BEAUMONT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A FIVE (5) YEAR LEASE PURCHASE AGREEMENT WITH SIGNATURE PUBLIC FUNDING CORP., OF TOWSON, MARYLAND. Councilmember Getz seconded the motion. Minutes — January 26, 2021 AYES: NAYS: MOTION PASSED Resolution 21-216 MAYOR AMES, MAYOR P PATE, SAMUEL AND MOI NONE TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, )N 2. Consider a resolution authorizing the City Manager to accept funding for the Water Plant Electrical Building Floodproofing Project through the Hazard Mitigation Grant Program. The Hazard Mitigation Grant Program assi term hazard mitigation measures after a m Hurricane Harvey. The Water Plant locate( of Beaumont and serves the entire city p outlying areas surrounding the City. The building which is located within the plant. Bayou. The proposed project is to floodpro from experiencing a long-term loss of trea The City would receive $577,359.75 in HM an additional $144,339.94 towards the remaining $48,113.31. Funds will come from the Capital Progra Approval of the resolution. sts states and communities in implementing long-. ajor disaster. Funding became available following t at 2550 Pine Street is a critical facility of the City opulation of 119,114 residents along with some Water Plant is powered by an electrical control The flooding source for this structure is Brakes of the electrical control building to prevent the city ted water due to any future flood/storm damage. GP grant funding. The State of Texas will provide pity match leaving the city responsible for the Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO RECEIVE FUNDING AND TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT GRANT FUNDING IN AN AMOUNT UP TO $577,359.75 THROUGH THE HAZARD MITIGATION GRANT PROGRAM (HMGP) TO IMPLEMENT LONG-TERM HAZARD MITIGATION MEASURES FOLLOWING A FEDERAL DISASTER DECLARATION. Council member Getz seconded the motion. AYES: NAYS: MOTION PASSED Resolution 21-217 MAYORAMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NONE 3. Consider a resolution authorizing the City Manager to execute a contract with Global Emergency Services, LLC, of Beaumont for the removal of backfill, vegetation and other materials along Lawson's Canal at Marina Drive. The Lawson's Canal Reclamation Debris Hauling (REBID) Project consists of hauling and disposal of 9,000 cubic yards of backfill, existing vegetation, and construction debris located at Marina Drive. Minutes — January 26, 2021 On December 31, 2020, three (3) bids we Ie received for furnishing all labor, equipment for the project. The bid totals al re indicated in the table below: materials, and Contractor Location Base Bid Amount Alternate Bid Amount Global Emergency Services, LLC Beaumont, TX $292,000.00 $180,000.00 Brystar Contracting, Inc. Beaumont, TX $131,000.00 $189,000.00 2S Roll -Off Service, LLC Beaumont, TX $395,500.00 $568,530.00 Engineer's Estimate $101,291.20 $211,770.00 The Base Bid is for hauling and disposal w the excavation and loading of the materia( The Alternate Bid is for the turn -key proj and disposal of existing vegetation, b,, grading of the site. the assumption that City staff would perform which consists of excavation, loading, hauling, II material, and construction debris, and final The Water Utilities staff recommends accepting the Alternate Bid and awarding to, Global Emergency Services, LLC, in the amount of $180,000.00. A total of 32 calendar days are allocated for completion of the project. Staff did contact Global Emergency Services, LLC to inquire on why the Alternate Bid was lower than the Base bid. They said that they preferred to do the work by the cubic yard as listed in the Alternate Bid rather than the hourly rate in the Base Bid. They confirmed that they were willing and ready to perform the work for the Alternate Bid Amount. Staff also contacted references and responses were good. Funds will come from the Water Fund and Contract Services. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO (GLOBAL EMERGENCY SERVICES, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $472,000.00 TO FURNISH ALL LABOR, MATERIALS, AND EQUIPMENT FOR THE LAWSON'S CANAL RECLAMATION DEBRIS HAULING (REBID) PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH GLOBAL EMERGENCY SERVICES, LLC, OF BEAUMONT, TEXAS. CouIncilmember Pate seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-218 Minutes — January 26, 2021 DISCUSSION ITEM Review and discuss Housing Tax Credit Program applications being made to the Texas Department of Housing and Community Affairs Chris Boone, Community Development Director reviewed and discussed the Housing Tax Credit Program applications being made to the Texas Department of Housing and Community Affairs. Mr. Boone discussed the application process overview and options. There was also discussion regarding recent HTC projects as well as the Harvey project list. The HTC applications for 2021 are listed below: Piney Wood Villas 1125 N. 11th Street 64 Unites -Seniors Beaumont Pioneer Crossing Eastex Fwy. 72-80 Family Edson Lofts 285 Liberty 110 — Senior There was discussion regarding the criteria on promoting community support and engagement, local government si6pport along with a resolution template, local government funding support/options and the market demand. COMMENTS Public Comments (Persons are limited to three minutes) Toni Prados 1090 Ave. H Beaumont TX Spoke on behalf of the Southeast Texas part of, gave information as to what the Harvey impacted families apply for hom Jefferson County lead the State with 2, applications in 2019 HUD was awarded vw and the Mayor to meet with them and ans, sent Chris Boone instead, basically the g remaining $2.5 billion that has been left o the extended CARES Act money from th Addie Allen 9695 Gave condolences to the Mayor on the Ic abatement collections by the Code Enfor get information regarding the dates of th she has asked for that information from information, is still seeking help, all she'; property was cut by the city, according t, Hearing, at this time she is asking for the Councilmembers/City Manage COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - NONE =aith and Community Leaders group that she's a roup does, stated that in 2019 the group helped owners assistance and reimbursement, helped 91 applications, as a result of large amount of :h $4 billion dollars, the group invited the Manager ,er some questions, they weren't able to attend but )up is wanting to know what has happened to .the the table, as well as wanting the City to apply for second stimulus packet ross Beaumont TX s of her mother, spoke to Council regarding weed :ment Department, stated that she's been trying to weed abatement as it's stated in the Ordinance, several staff members and still hasn't gotten any asking for is an itemized list of the dates that the the Ordinance she can ask for an Administrative hearing Attorney comments on various matters COUNCILMEMBER SAMUEL - NONE Minutes — January 26, 2021 COUNCILMEMBER PATE - COMMENTED ON THE LOSS OF CHARLIE THOMPSON, THE RETIREMENT OF BRENT WEAVER, COUNTY COMMISSIONER AND DR. KEN EVANS, PRESIDENT OF LAMAR UNIVERSITY MAYOR PRO TEM FELDSCHAU - NONE COUNCILMEMBER NEILD - WANTED TO CONFIRM THAT NEXT EVENING MEETING WILL BE TUESDAY, FEBRUARY 2, 2021, REQUESTED THAT ON NEXT TUESDAY THE COUNCIL HAVE A WORKSESSION REGARDING THE CHARTER CHANGES THAT THEY WILL BE PROPOSING COUNCILMEMBER GETZ - STATED THAT HE WAS CONTACTED BY A CITIZEN REGARDING THE CITY'S METHOD OF COVID DISTRIBUTION THAT'S ANTICIPATED ON HAPPENING HERE IN BEAUMONT, THE CITIZEN FAVORED DRIVE THRU RATHER THAN GETTING OUT OF THEIR CAR AND HAVING TO WALK INTO A BUILDING TO HAVE THE VACCINE ADMINISTERED, DOESN'T KNOW IF IT'S POSSIBLE FOR SOMETHING LIKE THAT BEING DONE HERE IN BEAUMONT, ALSO STATED THAT DUE TO THE CITY BEING IN THE CAMPAIGN SEASON, THERE IS AN ORDINANCE IN THE CITY'S BOOKS THAT HIS RESEARCH SEEMS TO INDICATE THAT IT'S VERY LIKELY UNCONSTITUTIONAL AND CANNOT BE ENFORCED, IN REGARDS TO CAMPAIGN SIGNS STATED THAT HE WOULD LIKE TO HAVE A WORKSESSION ON THIS AT THE NEXT COUNCIL MEETING TO DISCUSS WHAT THE CITY WILL AND WILL NOT PERMIT, AND THE EARLIEST SIGNS CAN BE PLACED SO THERE'S NO CONFUSION OUT IN THE PUBLIC, ASKED FOR A SECOND FROM A COUNC LMEMBER FOR THE WORKSESSION CITY ATTORNEY COOPER - NONE CITY MANAGER HAYES - ABSE MAYOR AMES - COMMENTED ON THE VACCINE DRIVE-THRU, STATED THAT THERE HAS TO BE A VACCINE TO GIVE AND THE CITY DOESN'T HAVE ANY, A DRIVE-THRU ALSO NEEDS A LOT OF PERSONNEL WHICH THE CITY DOESN'T HAVE AT THIS TIME, WITH THE SMALL AMOUNT OF VACCINE THAT THE CITY HAS RECEIVED THE VACCIf E CAN BE ADMINISTERED AT THE BEAUMONT HEALTH DEPARTMENT, IF THE AMOUNT OF VACCINE INCREASES THEN DRIVE-THRU IS SOMETHING THAT CAN BE LOOKED AT, GAVE INFORMATION REGARDING VACCINE PREREGISTRATION, CITIZENS CAN GO TO VACCINE. BEAUMONTTEXAS.GOV TO REGISTI R OR CALL 409-550-2536, ASKED THAT CITIZENS NO LONGER CALL 311 TO GET ON A WAITING LIST Minutes — January 26, 2021 With there being no Executive Session, Council adjourned at 2:36 p.m. EXECUTIVE SESSION - CANCELLED Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Lauren Lewis i ��Mayor - Tina Broussard, City Clerk Minutes — January 26, 2021