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HomeMy WebLinkAbout04/13/2021 MIN BEAUM © 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 11 Audwin Samuel,Ward III APRIL 13, 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 April 13, 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 Jason Carr with the Apostolic 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 MayorAmes, 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 "Fair Housing Month" — April 21, 2021 — Proclamation read by Councilmember Pate; accepted by Chris Boone, Community Development Director for the City of Beaumont Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda Darrell Antwine 7960 Silverleaf St. Beaumont TX Spoke regarding Item #4 on the Agenda; consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Robert Dunn 6340 Durango Dr. Beaumont TX Spoke regarding Item #4 on the Agenda; consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Minutes—April 13,2021 Paul Martin 2485 Hazel Beaumont TX Spoke regarding Item #4 on the Agenda, consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Brooksie East 2128 Orange St. Beaumont TX Spoke regarding Item #4 on the Agenda; consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Tracy Ballard Arline 6050 Chisholm Beaumont TX Spoke regarding Item #4 on the Agenda, consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Stacey Lewis Jr. 1775 Rivercrest St. Beaumont TX Spoke regarding Item #4 on the Agenda; consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program Daniel Ozane 6695 Knollwood Dr. Beaumont TX Spoke regarding Item #4 on the Agenda; consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program CONSENT AGENDA * Approval of minutes —April 6, 2021 * Confirmation of board and commission member appointments — None A) Authorize the settlement of the lawsuit styled Beverly Colomb v. The City of Beaumont; Cause No. B-203,757 - Resolution 21-092 Councilmember Mouton moved to approve the Consent Agenda. Councilmember Getz seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Minutes—April 13,2021 GENERAL BUSINESS 1. Consider an ordinance granting a new solid waste franchise agreement to G&H Solutions, LLC. According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling ortransporting, in the city, any garbage,waste or refuse,withoutfirst having obtained a franchise from the City. Eleven entities currently have nonexclusive franchise agreements with the City, G&H Solutions, LLC has requested that the City Council grant the company such franchise agreement. G&H Solutions is a new locally owned business renting roll off boxes and offering waste hauling services with its Nederland office located at 2560 N. 3V Street. The franchise agreement would provide 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 nottake 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 applicant. Attached is a copy of the proposed agreement. 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. COuncllmember Nelld moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO G&H SOLUTIONS, LLC. Councilmember Getz seconded the motion. AYES: MAYORAMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Ordinance 21-016 2. Consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc. for the Lift Station &WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project. The Lift Station &WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project shall provide flood mitigation for the Influent Lift Station at the City of Beaumont's Wastewater Treatment Plant and provide for drainage work along Lafin Road. Min Wes—April 13.2021 On March 25, 2021, two (2) bids were received for furnishing all labor, materials, equipment, and supplies for the project. The bid totals are indicated in the table below: Contractor Location Total Award Amount B star Contracting, Inc. Beaumont TX $169,430.00 BDS Constructors, LLC d/b/a MK Vidor, TX $267,347.00 Constructors Based on a review of the bids and required documents received, the Water Utilities staff agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the lowest bidder, Brystar Contracting, Inc., in the amount of$169,430.00. A total of 120 calendardays are allocated for the completion of this project. Funds will come from the Harvey Fund in the amount of$16,943.00 and Federal Emergency Management Agency (FEMA) in the amount of $152,487.00. Approval of the resolution. Mayor Pro Tern FeldsChau moved to APPROVE A RESOLUTION THATTHE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING,INC.,OF BEAUMONT,TEXAS,IN THE AMOUNT OF $169,430.00, FOR THE LIFT STATION &W WTP REPAIR TROPICAL STORM HARVEY WWTP INFLUENT LIFT STATION (REBID) PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH BRYSTAR CONTRACTING,INC.,OF BEAUMONT, TEXAS. Councilmember Pate seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-093 3. Consider a resolution approving the purchase of additional nodes for the virtual server system from CDW Government, LLC of Vernon Hills, IL. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. The City uses a server system that allows for many servers to be created virtually instead of having to buy, house, and maintain a physical piece of hardware for each server. The current system was purchased in November 2018 and has reached its maximum capacity of servers that there is space available for. The additional nodes were budgeted in the amount of$103,000. Funds will come from the General Fund — Information Technology. Approval of the resolution. Minutes—April 13,2021 Councilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ADDITIONAL VIRTUAL SERVER SYSTEM NODES, FOR USE BY ALL CITY DEPARTMENTS, FROM COW GOVERNMENT, LLC, OF VERNON HILLS, ILLINOIS, IN THE AMOUNT OF $103,000.00 THROUGH THE STATE OF TEXAS DEPARTMENT OF INFORMATION (DIR) CONTRACT. Councilmember Samuel seconded the motion. AYES: MAYOR AMES,MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD,GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED Resolution 21-094 4. Consider a resolution authorizing additional compensation to the Beaumont Independent School District (BISD) related to the School Crossing Guard Program. The City Council authorized an interlocal agreement(ILA)with BISD on September 15, 2020 that obligated the City to compensate the School District for specific amounts related to the crossing guard program through 2023. This item was placed on the agenda for consideration by Councilmember Mouton and Councilmember Samuel, to specifically discuss the City's funding amounts in future years. CDun Cllmember Mouton moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT (BISD) RELATING TO THE SCHOOL CROSSING GUARD PROGRAM. Councilmember Samuel seconded the motion. Councilmember Nelld moved to AMEND THE MOTION TOTABLE THIS ITEM UNTIL A WORKSESSION COULD BE HELD BETWEEN THE CITY COUNCIL AND THE BISD BOARD OF TRUSTEES. Councilmember Getz seconded the motion. AYES: MAYOR PRO TEM FELDSCHAU,COUNCILMEMBERS NEILD, GETZ AND PATE NAYS: MAYOR AMES, COUNCILMEMBERS SAMUEL AND MOUTON AMENDED MOTION PASSED COMMENTS Public Comments (Persons are limited to three minutes) Landry Rountree 1565 S. Major Dr. Beaumont TX Commented on a statementthat the City Attorney, Tyrone Cooper made on March 30, 2021, "Mr. Cooper stated that he deals with facts and truth as a lawyer" on last week he spoke about how limited facts could be deceiving, Mr. Cooper also read an arrest affidavit where a Sergeant arrested him in March of 2014, stated that he would like to give more facts about that Sergeant, in 2004 the Sergeant stated that someone requested Landry Towing service, Minutes—April 13,2021 the Sergeant told them Landry's towing was no longer in business and then recommended another company, that company was a neighbor of Mr. Cooper, in 2013 the same Sergeant came to his office with about six other Beaumont Police Officers with the traffic unit and requested certain records, his third encounter with the Sergeant was when he arrested him and took him to jail for what the Sergeant thought was a violation of the city ordinance, the same Sergeant was fired by the Police Chief for what he called deadly conduct which is against state law, stated that City Manager, Kyle Hayes also knows this Sergeant because after the Chief fired him, the City Manager hired him back, also made several other comments regarding the Sergeant Lashon Proctor 3522 Washington Blvd. Beaumont TX Commented on issues that he's having with Washington Blvd., and 9t1 Street, stated that he spoke with the Public Works Department regarding unapproved 9th Street, they are having problems getting their limousines in and out of the unapproved 91h Street as well as on Washington Blvd, trying to get some type of resolve regarding 9th Street, stated he's willing to pave the street and do all that they can do if the city would consider giving them the street Jewell Ragsdale 5475 Sunbury Dr. Beaumont TX Complained about the noise that's coming from her neighbors home at all hours of the night, the police has been called, they came out but hasn't done anything to help, played a recording of an exchange between the police and the neighbors as well as between her husband and the neighbors, asked if there's anything anyone can do to help them Thomas Sigee 2565 Laurel Ave. Beaumont TX Stated that at his last visit to the City Council meeting he asked Council to help him build a bridge between the City of Beaumont and the BISD, stated thatthe Council hasn't donethat, instead the city put up a fence, he's trying to understand why, the kids are the city's responsibility when they cross the street, the school district isn'tasking the city foranything in addition to what they have asked for before, this agreement has been between the city and BISD for twelve years or more to share the cost forthe crossing guards, doesn't understand why a worksession needs to happen between the two entities, it's his hope that when the worksession happens that both entities will come to an agreement, again, he asked for a bridge and the city gave him a fence Brooksie East 2128 Orange St. Beaumont TX Commented on sex offenders that live in the Avenues, there are 40%of children who have a shortage of food, there are children who are going to the third grade that can't read or write, stated that there's an issue where the children are being abandoned and neglected, doesn't understand why the crossing guard item was tabled or on the agenda to begin with is beyond her, there should be a better partnerships to help the children, most of the kids rely on the school for food, to table the item is completely unacceptable Councilmembers/City Manager/City Attorney comments on various matters Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Minutes—April 13,2021 COUNCILMEMBER COMMENTS COUNCILMEM13ER GETZ- STATED THAT EARLY VOTING IS LESS THAN A WEEK AWAY, HOPES THAT EVERYONE IS PLANNING TO GO TO THE POLLS AND DO THEIR CIVIC DUTY, ANNOUNCED THE DOWLEN/WEST NEIGHBORHOOD ASSOCIATION MEETING ON APRIL 14,2021, STARTING AT 6:30 P.M., AT ROGERS PARK COMMUNITY CENTER, GUEST SPEAKERS WILL BE BART BARTKOWIAK AND MIKE HARRIS FROM THE PUBLIC WORKS AND WATER DEPARTMENT COUNCILMEMBER NEILD- NONE MAYOR PRO TEM FELDSCHAU - STATED THAT WHEN THE CROSSING GUARD ITEM WAS FIRST VOTED ON, HE VOTED TO SEVER THE FINANCIAL CONNECTION BETWEEN THE CITY AND THE SCHOOL DISTRICT, KNEW THAT THE AMOUNT OF MONEY THAT WAS DISCUSSED HAD NO GREAT IMPACT ON THE CITY OR THE SCHOOLS BUDGET,STATED THAT FOR HIM AT THE TIME IT WAS A HOUSE CLEANING ISSUE, IT'S HIS UNDERSTANDING FROM SPEAKING WITH THE FINANCE DEPARTMENT THAT THESE TWO TAXING ENTITIES SHOULD BE SEPARATE WHEN IT COMES TO THE TWO BUDGETS, HIS VOTE WASN'T A STATEMENT THAT HE DOESN'T CARE ABOUT CHILDREN OR THAT HE DOESN'T SUPPORT THE SCHOOL DISTRICT, IT WAS AN HOUSE CLEANING ISSUE AS HE STATED EARLIER, AFTERWARDS IT WAS COMMUNICATED TO HIM THAT THE SCHOOL BOARD AND OTHERS HAD TAKEN IT THAT THE CITY COUNCIL WAS TELEGRAPHING A MESSAGE THAT THEY DON'T CARE, STATED THAT IT'S VERY UNFORTUNATE AND OF COURSE THAT'S NOT TRUE, HE DOES CARE,IT'S A DEBATE AND DEBATE IS GOOD, AGREED THAT THE CITY AND THE SCHOOL BOARD DOES NEED TO COME TOGETHER AND THINKS THATTHE WORKSESSION IS A GOOD THING,THEY CAN DISCUSS THE ITEM AND FIND A PATH FORWARD, THIS PROGRAM IS ALREADY FUNDED FOR THIS YEAR AND DOESN'T UNDERSTAND WHY IT WAS BROUGHT UP AGAIN, DOESN'T WANT ANYONE TO LEAVE TODAY FRUSTRATED, WANTS EVERYONE TO LEAVE ENCOURAGED THAT THEY WANT TO COME TOGETHER TO DISCUSS THE PROGRAM COUNCILMEM13ER PATE- STATED THAT HE AGREES WITH COUNCILMEMBERS GETZAND FELDSCHAU,COMMUNICATION IS THE KEY,THEY ALL NEED TO COME TOGETHER TO TALK ABOUT THE SCHOOL CROSSING PROGRAM, EVERYONE MAY NOT ALWAYS AGREE ON EVERYTHING BUT THEY CAN WORK TOGETHER, HAS A LOT OF CONFIDENCE THAT THEY CAN WORK TOGETHER AND HAVE A VISION AS TO WHERE THEY WANT TO BE IN FIVE TO TEN YEARS, CONGRATULATED LAMAR UNIVERSITY'S LADY SOCCER COACH STEVE HOLEMAN,THEY FINISHED SECOND IN THE SOUTHLAND CONFERENCE Minutes—April 13,2021 COUNCILMEMBER SAMUEL- STATED THAT IF IT'S A SUN SHINY DAY OUTSIDE AND HE BEGINS TO FEEL WATER FALLING ON HIS HEAD, THINKS HE BETTER LOOK UP AND SEE WHAT IT IS, DON'T WALK AWAY FRUSTRATED,WALKAWAY ENCOURAGED,WE SHOULD DEBATE WHEN MONEY IS NOT AN ISSUE, THERE SHOULD BE HEALTHY DEBATES,STATED THATTHIS IS CONVOLUTED AND COMPLEX, THE STREETS OF BEAUMONT IS THE CITY'S RESPONSIBILITY,IT WAS VERY CLEAR THAT THE SCHOOL BUILDINGS ARE THE RESPONSIBILITY OF THE SCHOOL DISTRICT,ONCE IT COMES TO THE RIGHT OF WAY NO ONE HAS CONTROL OF WHAT HAPPENS IN THE STREETS, STATED THAT IT'S THE CITY'S STREETS, IF THEY ARE GOING TO DEBATE WHO'S RESPONSIBILITY IT IS, THEY WILL WAIT UNTIL NEXT WEEK AFTER VOTING STARTS, AFTER THE ELECTION,IF IT'S RAINING OUTSIDE YOU MIGHT NOT WANT TO GET AN UMBRELLA YOU MAY WANT TO TAKE A SECOND LOOK COUNCILMEMBER MOUTON - STATED THAT IT WAS SAID,WHY WAS THE SCHOOL CROSSING PROGRAM BROUGHT UP TODAY, IT WAS BROUGHT UP TODAY BECAUSE SHE BELIEVES THAT THIS COUNCIL HAS A RESPONSIBILITY TO DEAL WITH WHAT NEEDS TO BE DEALT WITH RIGHT NOW, WHY WAIT AND BRING IT ON THE NEW ADMINISTRATION, THERE WILL BE SOME CHANGES ON COUNCIL,THERE WILL BE SOME CHANGES WITH PEOPLE THAT HAVE NEVER EVER SAT ON THIS SIDE OF THE PODIUM AND BECAUSE IT WAS STARTED WITH THIS ADMINISTRATION THEN WE ARE THE ADMINISTRATION TO FIX IT, IT DOESN'T NEED TO BE DEBATED ON, IT DOESN'T NEED TO BE COMMUNICATED, THINKS THAT EVERYONE SEES WHERE THE PROBLEM LIES AND CAN TELL THAT BY THE VOTE THAT WAS TAKEN ON TODAY, HOPES THAT BISD CAN GET BACK WITH THE COUNCIL AS SOON AS POSSIBLE SO THAT THEY CAN HAVE THE CONVERSATION TO PUT IT BACK ON THE AGENDA BECAUSE SHE WILL PUT IT BACK ON THE AGENDA CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES- NONE MAYOR AMES - COMMENTED ON THE SCHOOL CROSSING PROGRAM, STREETS AND TRAFFIC BELONG TO THE CITY,STATED THAT$90,000.00 ISN'T WORTH THE CONTROVERSY BETWEEN THE TWO ENTITIES, KNOWS THAT BISD HAS WORKED CLOSELY WITH THE CITY DURING NATURAL DISASTERS, BISD HAS BEEN WILLING AND ABLE TO HELP THE CITY WITH BUSES FOR TRANSPORTATION, COMMENTED ON THE NECHES RIVER FESTIVAL AND THE PARADE ON FRIDAY,CONGRATULATED THE CITY MANAGER ON BEING CROWNED THE NECHES RIVER FESTIVAL KING Minutes—April 13,2021 Open session of meeting recessed at 2:39 p.m. p 9 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Proposed satisfaction and release of a City lien on property located at 3565 College Street Docket No. 2021-0039-MWD-E, City of Beaumont, TPDES Permit �Vw�� No. WO0010501020 B ky Ames, yor Tina Broussard, City Clerk to � 6 4 olk Minutes—April 13,2021