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HomeMy WebLinkAbout03/30/2021 MINBEAUM©NT 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 Tem Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III MARCH 30, 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 March 30, 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 1-4/Consent Agenda + Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Pastor Christopher Moody with Beaumont's First Baptist Church gave the invocation. MayorAmes 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. Also present were Kyle Hayes, City Manager, Tyrone Cooper, City Attorney, Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition - Beaumont Public Health Director — Sherry Ulmer; accepting Sherry Ulmer, Director of the Beaumont Public Health Department Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda None CONSENT AGENDA * Approval of minutes — March 23, 2021 * Confirmation of board and commission member appointments — Resolution 21-076 Minutes — March 30, 2021 Joey Hilliard would be reappointed to the Board of Adjustment (Zoning). The current term would expire February 17, 2023. (Mayor Becky Ames) Tom Rowe would be reappointed to the Board of Adjustment (Zoning). The current term would expire October 16, 2021. (Mayor Becky Ames) Sina Nejad-Engineer would be reappointed to the Building Board of Appeals. The current term would expire January 24, 2023. (Mayor Becky Ames) Wayne E. Duerler-Fire Representative would be reappointed to the Building Board of Appeals. The current term would expire February 7, 2023. (Mayor Becky Ames) Councilmember Getz moved to approve the Consent Agenda. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider amending Section 2.04.003 of the Code of Ordinances to allow civilian employees who work 12 hour shifts the ability to earn paid time off leave and short-term disability if paid for 80 hours each pay period. Currently, the Code of Ordinances allows employees to earn paid time off leave and short- term disability only if paid for 40 hours (average of 56 hours-EMT/Paramedic employees) each week of the pay period. The Administration plans to start utilizing 12 hour shifts for approximately nine Plant Operators working at the Water Plant. Employees working the new schedule may workless than 40 hours one week and more than 40 the next week, however, they will work 80 hours or more in a two -week pay period. The proposed changes to the Code of Ordinances will allow for paid time off leave and short-term disability if an employee is paid for 80 hours in a pay period. The proposed changes to the Code of Ordinances would only be applicable to civilian employees. Approval of the ordinance. Councilmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.04, SECTIONS 2.04.003(A)(1) AND (H) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES RELATING TO CIVILIAN EMPLOYEES WHO WORK TWELVE (12) HOUR SHIFTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON Minutes — March 30, 2021 NAYS: NONE MOTION PASSED Ordinance 21-014 Consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to Vortex Turnkey Solutions, LLC. On December 10, 2019, by Resolution 19-288, City Council awarded a contract to Vortex Turnkey Solutions, of Houston, for the Old Town Area Pipe Bursting Project in the amount of $999,962.50. Proposed Change Order No. 1, in the amount of ($268,431.40), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project and will add 39 calendar days to accommodate for additional work requested by the City. If approved, the final contract amount will be $731,531.10. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 1, maintenance, and final payment in the amount of $36,576.56 is recommended. Funds will come from Capital Program. Approval of the resolution. COuncllmember Pate moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF ($268,431.40), IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $731,531.10; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1,IN THE AMOUNT OF ($266,431.40), IS NECESSARY TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $731,531.10 FOR THE OLD TOWN AREA PIPE BURSTING PROJECT. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-077 3. Consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance, and authorize final payment to LD Construction. On March 17, 2020, by Resolution No. 20-061, City Council awarded a contract to LD Construction of Beaumont, in the amount of $603,206.20, for the Tram Road Asphalt Resurfacing (Major Drive to US 69 Frontage Road) Project. Minutes — March 30, 2021 Proposed Change Order No. 1, in the amount of ($10,185.82), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $593,020.38. 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. 1, maintenance, and final payment in the amount of $29,651.02 is recommended. Funds will come from the Department of Transportation Federal Highway Administration in the amount of $474,416.30 and the remaining $118,604.08 from the Capital Program. Approval of the resolution. Councilmember Nelld moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF ($10,185.82), IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $593,020.38; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF ($10,185.82), IS NECESSARY TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $593,020.38 FOR THE TRAM ROAD ASPHALT RESURFACING -MAJOR DRIVE TO US 69 FRONTAGE ROAD PROJECT. Councilmember Getz seconded the motion. AYES: MAYORAMES, MAYOR PRO TEM FELDSCHAU, COUNCILMEMBERS NEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-078 4. Consider a resolution approving additional funds for the city's new employee workforce management software system, Kronos Workforce Dimensions, from Kronos, Inc. On September 22, 2020, City Council approved the initial purchase of Kronos' Workforce Dimensions at the cost of $210,332.25. The software, which will be used by all of the city's departments to manage payroll, timekeeping, and additional Human Resource functions, has been undergoing configuration and development by Information Technology's Project Management staff. Originally the assumption was that the new software would go live in August 2021. Finance and Personnel requested that the go live be delayed to October 1, 2021 so that there is a clean break between fiscal years and the software. Because of this, an additional $31,254.17 is required to extend the current software's maintenance contract until the new go live date. Funds will come from the General Fund, Municipal Court Technology Fund, and Water Fund. Approval of the resolution. Minutes — March 30, 2021 COuncilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE AN EXPENDITURE IN THE AMOUNT OF $31,254.17 TO EXTEND THE KRONOS WORKFORCE DIMENSIONS EMPLOYEE WORKFORCE MANAGEMENT SOFTWARE SYSTEM MAINTENANCE CONTRACT TO OCTOBER 2021. Mayor Pro Tern Feldschau seconded the motion. AYES: MAYORAMES, MAYORPROTEM FELDSCHAU, COUNCILMEMBERSNEILD, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-079 DISCUSSION ITEM + Review and discuss proposed improvements at the Water Treatment Plant located on Pine Street David Munn, with Freese and Nichols reviewed and discussed the proposed improvements at the Water Treatment Plant located on Pine Street. Mr. Munn started the discussion with the emergency raw water supply evaluation and Tropical Storm Harvey vulnerabilities, as well as the raw water improvements to the Colliers Pump and the raw water line. There was discussion regarding the temporary pumping experience where the surface water supply was temporarily lost, the emergency system was implemented, the logistical challenge and the difficult treatment plant operation. Mr. Munn discussed the objective which was to select a temporary raw water system that could be used in case of a flooding emergency that could be quickly deployed, cost effective and easy to operate, as well as pump type alternatives. Locations were also evaluated with three locations discussed. The old pump station was discussed as well as skid -mounted horizontal pumps, floating pumps, and submersible pumps. Kendall Ryan with Freese and Nichols reviewed and discussed the treated waterline resiliency study, he discussed the study overview, water model analysis and the findings and recommendations. The background of how Beaumont receives the majority of its water from the Pine Street Water Plant as well as two water distribution lines that serve Beaumont which are 30-inch and 42-inch lines that were constructed in the 1940's and 1950's were discussed along with the Project Drivers and the issues with major water leaks and pressure loss along with isolation of water lines is a challenge due to a lack of valves on these large water lines. Mr. Ryan discussed the water model analysis, the recommendations along with the proposed cost for phases one (1) and two (2). 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) John Rodriguez 855 Shakespeare Beaumont TX Spoke to Council regarding a trend in recent years with the water department and the billing office, stated that he has a home that's been vacant since December, received a notice on the door the 1st of March on the vacant property that says that water has been turned on, Minutes—MarchM 2021 he's tried to get this resolved since March 5, 2021, to get communication with the supervisor, today is March 30, 2021 and still hasn't been able to speak with anyone, this seems to be occurring again and again, when this happens they are charged with having a new meter installed, no documentation is provided as to when the water was supposed to have been turned on, how much water usage and there's an inconsistency with who they talk to about when the water was turned on and how much water was used Rodney Dencklau 4105 Chaison Ave Apt. B Beaumont TX Thanked Mayor Ames for everything that she's done for the disabled community and the senior citizens, as well as taking care of matters that were brought to her attention, wished her good luck in the next chapter of her life, asked what the candidates that are running for Mayor going to do for the disabled and seniors as far as being able to get around town on sidewalks, making it easier for them to be hired to work Vernon Tubbs P.O. Box 6421 Beaumont TX Stated that he represents the South East Texas Faith and Community Leaders, they are a group of congregations and community leaders that are working together in South East Texas, they are in support of the Beaumont Transit employees as it relates to the missed days during the recent winter storm, some of the workers are members of some of the congregations that are represented on today, the workers concerns are the way that First Transit proposed they be compensated for the days of missed work, employees were given the option of applying some of their compensated off time to those missed days, their issue relates to the fact that in the past they were paid for work days missed due to natural disasters without having to use their vacation or other compensated off days, they are requesting that they be compensated for the missed days for the weather related incident as they were compensated in the past, there were other comments made regarding this issue Landry Rountree 1565 S. Major Dr. Beaumont TX Made religious as well as other comments Jewell A. Ragsdale 5475 Sunbury Dr. Beaumont TX Commented on noise by her neighbors at all times during the night, stated that her and her husband are in the process of trying to move but until thattime would like to see what can be done regarding the issues they are experiencing, played a recording of the noise that goes on during the night or early morning hours of 2 to 3:00 a.m. John Vaughn 3955 N. Major Dr. Beaumont TX Made comments to City Attorney Cooper regarding his attack on Mr. Landry Rountree after last week's meeting, made additional comments regarding Mr. Rountree and comments made by City Attorney Cooper, he also spoke about his own issues that he experienced with the city and also asked that the city survey it's employees Minutes —March 30, 2021 Louis Vaughn 9615 Mapes Beaumont TX Spoke regarding a silent airborne killer lurking in the City of Beaumont, and he wasn't referring to COVID-19, the silent killer that he spoke about are the four landfills in the City of Beaumont and Jefferson County, stated that there are two of the landfills that are currently active, the other is located off Pine Street and was closed improperly many years ago and is still releasing dangerous gases and disease causing substances, asked the council to please do their homework and asked that they all work together to eliminate the pollution in their community Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER GETZ- COMMENTED ON THE CITY OF LEANDER'S ETHICS ORDINANCE THAT COUNCILMEMBERS WERE GIVEN ON LAST WEEK, ALSO COMMENTED ON THE STERLING PRUITT COMMUNITY CENTER ENCOUNTER WITH AN EMPLOYEE, STATED THAT HE ASKED TO BE PROVIDED A COPY OF HOW MUCH MONEY WAS SPENT BY THE CITY OF BEAUMONT BY OUTSIDE LEGAL COUNSEL FOR THE LAST TWO YEARS, THE CFO PROVIDED THE INFORMATION WITHIN A DAY TO THE CITY ATTORNEY FOR HIS REVIEW, STATED THAT HE STILL HASN'T RECEIVED THE INFORMATION AND WOULD LIKE TO KNOW WHAT IT WILL TAKE FOR HIM TO RECEIVE THE INFORMATION, COMMENTED ON THE SYMPHONY OF SOUTH EAST TEXAS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM FELDSCHAU - EXPRESSED HIS APPRECIATION TO SHERRY ULMER, HEALTH DIRECTOR FOR HER MANY YEARS OF SERVICE TO THE CITY, CONGRATULATED HER ON HER RETIREMENT AND THE NEXT CHAPTER OF HER LIFE COUNCILMEMBER PATE- CONGRATULATED SHERRY ULMER, HEALTH DIRECTOR ON HER DEDICATED SERVICE TO THE CITY, WISHED HER ALL THE BEST, COMMENTED ON THE DEDICATION THAT OCCURRED ON YESTERDAY FOR THE VIETNAM VETERANS, THANKED KIRWIN STONE AND EVERYONE THAT'S A PART OF HIS ORGANIZATION FOR THE GREAT JOB THEY DID, COMPLIMENTED COACH MORGAN AND LAMAR UNIVERSITY FOOTBALL ON THEIR WIN SATURDAY, WISHED EVERYONE A HAPPY EASTER COUNCILMEMBER SAMUEL- STATED THAT THIS IS THE WORST COUNCIL THAT HE HAS EVER WORKED WITH IN OVER THIRTY YEARS, COMMENTED ON THE ISSUE THAT OCCURRED AT STERLING PRUITT ACTIVITY CENTER, IT WAS ASKED BY OTHER COUNCILMEMBERS THAT THE INCIDENT BE LET GO AND ALL OF COUNCIL AGREED TO DO SO, ON TODAY IT WAS BROUGHT BACK UP WHEN IT'S CONVENIENT FOR COUNCILMEMBER GETZ TO SPEW UNTRUTHS, CONSIDER THE SOURCE OF THE DISSENTION, WE Minutes —March 30, 2021 CAN CONTINUE TO ALLOW THIS TO HAPPEN AND BECOME A PART OF THE DISSENTION OR WE CAN SAY ENOUGH IS ENOUGH, THERE ARE RULES AND REGULATIONS IN PLACE RIGHT NOW DEALING WITH EMPLOYEES, THERE'S NO RULES FORA ROGUE COUNCILMEMBER WHO DISREGARDS ETHICAL DECISIONS THAT ARE TO BE MADE BY COUNCILMEMBERS, STATED THAT THEY CAN CONTINUE TO BE COMPLICIT WITH WHAT HE DOES OR THEY CAN CALL FORA STOP AND IMPLEMENT SOME TYPE OF POLICY THAT SOME MAY SAY IS A VIOLATION OF A PERSON'S FREEDOM OF SPEECH, THERE NEEDS TO BE A POLICY THAT WOULD NOT ALLOW A COUNCILMEMBER TO DO WHATEVER THE HELL HE WANTS TO DO COUNCILMEMBER MOUTON - CONGRATULATED SHERRY ULMER ON TWENTY YEARS AND TEN MONTHS OF SERVICE TO THE CITY, HAD THE OPPORTUNITY TO ATTEND THE VIETNAM VETERANS MEMORIAL AT THE BEN ROGERS VISITORS CENTER, THANKED KIRWIN STONE AND HIS STAFF FOR THE WONDERFUL JOB THEY DID, GAVE CONDOLENCES TO THE FAMILIES OF ISAAC RANDALL SR. AND CYNTHIA FOWLER, WISHED EVERYONE A HAPPY EASTER CITY ATTORNEY COOPER - STATED THAT HE FINDS IT INTERESTING THAT OTHERS HAVE FIRST AMENDMENT RIGHTS IN THIS COUNTRY TO SPEAK FREELY AND WHEN HE MAKES AN EFFORT TO EXERCISE HIS FIRST AMENDMENT RIGHTS HE ACCUSED OF ATTACKING, STATED THAT IF COUNCIL WOULD RECALL ON LAST WEEK MR. ROUNTREE CAME AND QUESTIONED HIS INTEGRITY AND HONESTY, W HEN HE TRIED TO SET THE RECORD STRAIGHT HE'S ATTACKING MR. ROUNTREE ACCORDING TO MR. VAUGHN, MADE ADDITIONAL COMMENTS REGARDING THE ISSUE OF MR. ROUNTREE BEING ISSUED OVER 600 TICKETS IN WHICH HE HAD NOTHING TO DO WITH, CITY ATTORNEY COOPER STATED THAT HE PULLED THE ARREST RECORD FROM THE POLICE DEPARTMENT AND WILL LET IT SPEAK FOR ITSELF, HE PROCEEDED TO READ DIRECTLY FROM THE ARREST RECORD WHICH WAS NOTARIZED BY THE ARRESTING OFFICER DATED MARCH 26, 2014, WITH TWO OFFENSE ON THE ARREST RECORD, ALSO MADE ADDITIONAL COMMENTS REGARDING MR. VAUGHN'S PAST ISSUES WITH THE CITY CITY MANAGER HAYES - STATED FACTS REGARDING COMMENTS MADE BY MR. JOHN VAUGHN AND HIS PAST ISSUE THAT OCCURRED WITH THE CITY, MADE COMMENTS REGARDING THE CITY OF BEAUMONT WORKPLACE, STATED THAT THIS IS A GOOD PLACE TO WORK, ALSO INFORMED COUNCIL AS TO WHY EMPLOYEES CAN'T POP POPCORN IN THE BUILDING, ALSO COMMENTED ON THE TRANSIT EMPLOYEES, STATED THAT THE WORKERS WORK FOR FIRST TRANSIT AND ANOTHER COMPANY PRIOR TO THAT, THE WORKERS MAY HAVE BEEN PAID BY THE PREVIOUS COMPANY BUT IF FIRST TRANSIT DOESN'T PAY THE WORKERS FOR THE ICE STORM DAYS, THAT'S FIRST TRANSIT'S DECISION, ADVISED Minutes — March 30, 2021 COUNCIL AS HE WAS ADVISED BY THE CITY ATTORNEY TO STAY OUT OF IT AND LET IT TAKE ITS COURSE MAYOR AMES- ASKED A QUESTION OF THE CITY ATTORNEY REGARDING TRAINING THAT SHE'S ATTENDED REGARDING SOCIAL MEDIA, WANTED CLARIFICATION REGARDING STATE LAW ON THE OPEN MEETINGS ACT PERTAINING TO TWITTER, FACEBOOK ETC., ALSO COMMENTED ON THE ISSUES THAT OCCURRED ON TODAY DURING THE PUBLIC COMMENT SECTION, SPOKE REGARDING COVID-19 Open session of meeting recessed at 4:20 p.m. EXECUTIVE SESSION Tina Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Colomb v. The City of Beaumont, No. B-203,757 Minutes — March 30, 2021