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HomeMy WebLinkAbout11/09/2021 MIN BEAUMONT T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tern NOVEMBER 9, 2021 Chris Durio,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 November 9, 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 Proclamations, Presentation and Recognition--Receive an update from the Public Health Director related to COVID-19 * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Freddy Wright with Northpoint Community Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition — Lee Edward Smith former Board Member of City of Beaumont Boards and Commissions and Port of Beaumont Commissioner— Read by Mayor Mouton; accepted by his wife LaRue Smith Recognition—Beaumont Junior League—ready by Councilmember Feldschau; accepted by Breanna Rodriguez, President and others "Lamar University Homecoming Week" — November 8-13, 2021 — Proclamation read by Councilmember Durio; accepted by Marco Born, Athletics Director and others Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Minutes—November 9,2021 Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the November 2, 2021, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 21-295 Justin Lyons would be appointed to the Building Board of Appeals. (Plumbing) The term would commence November 9, 2021 and expire November 8, 2023. (Mayor Robin Mouton)- Remove Brooklyn Williams (Lamar University Representative) and appoint Sharita Gardner (Lamar University Representative) to the Convention and Tourism Advisory Board. The term would commence November 9, 2021 and expire September 30, 2023 (Councilmember Albert "A.J." Turner) C. Approve the purchase of two Automated license plate reader systems for use by the Police Department - Resolution 21-296 D. Approve a resolution to repeal Resolution No. 21-023 related to funding from the Department of Homeland Security Grant Program - Resolution 21-297 E. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,860 - Resolution 21- 298 F. Approve a resolution authorizing the City Manager to apply for and receive funding from the Department of Homeland Security Grant Program in the amount of$60,000 - Resolution 21- 299 G. Approve an annual maintenance agreement with SHI Government Solutions, Inc. of Austin for Microsoft Office 365 that is used by all city departments - Resolution 21-300 H. Authorize the City Attorney to join the Opioid litigation and accept the settlement negotiated by the Texas Attorney General - Resolution 21-301 I. Authorize the settlement of the claim of Jayla Sutton - Resolution 21-302 J. Approve the purchase of two new vehicles for use in the Fire/EMS Department-Resolution 21-303 Councilmember Neild moved to approve the Consent Agenda. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD Minutes—November 9,2021 NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider authorizing the City Manager to award a contract to LD Construction for the Street Rehabilitation City Wide-Phase IV Project. The Street Rehabilitation City Wide— Phase IV Project consists of the rehabilitation of forty (40) roadways. These roadways will receive base repairs or a cement slurry application to achieve base stabilization followed by hot mix asphaltic concrete pavement overlays. On October 28, 2021, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $5,400,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount LD Construction Beaumont, TX $5,188,661.94 ALLCO, LLC Beaumont, TX $5,578,555.00 Gulf Coast, a CRH Company Beaumont, TX $5,823,833.56 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, LD Construction, in the amount of$5,188,661.94. A total of 465 calendar days are allocated for completion of the project. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO LD CONSTRUCTION, OF BEAUMONT, TEXAS, IN THE AMOUNT OF$5,188,661.94, FOR THE STREET REHABILITATION CITY WIDE-PHASE IV PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LD CONSTRUCTION, OF BEAUMONT,TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-304 2. Consider approving a proposal submitted by Irwin Seating Company for replacing the seating at the Civic Center. Pricing was obtained from Irwin Seating Company utilizing the OMNIA Contract#R191805 procurement process. OMNIA Partners provide municipalities with the means to purchase products and services at competitive prices contracted under the procurement statues of the Minutes—November 9,2021 State of Texas. The proposed scope of work shall include the removal and disposal of the existing upper seating, furnish, and install 1827 new seats, 136 aisle lights, and providing a performance and payment bond. The cost to replace the upper seating on the east, west, and south sides of the Civic Center Arena, including the proposed scope of work listed on the vendor's proposal and the removal and disposal of the existing seating,will be$389,923.61. The Civic Center Facility was originally constructed in 1977. The existing seating is 44 years old and is experiencing issues with component breaks and the years of wear and tear on the seating make the appearance of the seating unpleasant. Replacement parts for the existing seating are not available. This project is necessary to provide attractive and safe seating for the visiting patrons. As part of this project city staff will be working with the vendor to provide a wider seat for the new seating. Funds will come from the Capital Reserve Approval of the resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF REPLACEMENT SEATING FOR THE CIVIC CENTER LOCATED AT 701 MAIN STREET FROM IRWIN SEATING COMPANY, OF GRAND RAPIDS, MICHIGAN, IN THE AMOUNT OF $389,923.61 THROUGH THE OMNIA COOPERATIVE PURCHASING PROGRAM. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-305 3. Consider approving a contract with Dowlen Road Veterinary Center for veterinary services. The City of Beaumont operates an Animal Care facility at 1884 Pine Street. Included in the operations of the facility, the City contracts with a local veterinary clinic to provide routine veterinary services on a weekly basis and other services as requested. The Veterinarian will visit the Animal Care facility each week at a cost of four-hundred dollars ($400) per week. Services included in the weekly fee include but are not limited to the following: perform visual inspections, examinations and treatments of animals; provide guidance and advice to staff on treatment and care of sick animals; conduct facility inspections; advise and make recommendations in quarantines and regulations governing animal health; and provide other consulting services. Any additional services such as administering rabies vaccinations, spay or neuter surgeries and other emergency treatments as requested will be charged per the pricing provided in the response. The term of the contract is for one year. At the end of one year, the City may renew the contract for three additional one-year terms. Minutes—November 9,2021 A Request for Proposal (RFP) was solicited from sixteen (16) vendors with two responses received. City staff reviewed and evaluated the response using the criteria provided in the RFP. Evaluation criteria is attached. Dowlen Road Veterinary Center of Beaumont met the criteria as set forth in the RFP to provide the veterinary services. Dowlen Road Veterinary Center of Beaumont is the current vendor. Funds will come from the General Fund. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT,WITH THREE(3)ONE(1)YEAR RENEWAL OPTIONS, WITH DOWLEN ROAD VETERINARY CENTER, OF BEAUMONT, TEXAS, FOR VETERINARY SERVICES AT THE CITY OF BEAUMONT ANIMAL CARE FACILITY IN THE AMOUNT OF $400.00 PER WEEK AND ANY ADDITIONAL SERVICE AMOUNTS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-306 DISCUSSION ITEMS * Review and discuss amending the Code of Ordinances related to various Health Department requirements and fees Kenneth Coleman, Health Director reviewed and discussed amending the Code of Ordinance related to various Health Department requirements and fees. Mr. Coleman discussed proposals to the following: 1) How restaurants post their sanitation inspection reports 2) New scoring system for the food inspection-checklist form 3) Certified food protection manager 4) Removal of Section 10.02.134; Issuance, Section 10.02.136; Term/transfer, Section 10.02.136; renewal, Section 10.02.138; fees, 5) The City of Beaumont no longer will offer the food manager certification course and the food manager certification is now good for five years, instead of three years 6) Change Section 10.02.136 to state that a food manager certification must be retaken after the five (5) year expiration 7) Changing fees that have $.50 and $.25 cent fees, proposing a flat rate 8) The food sales permit can be eliminated since there's already a mobile food unit permit 9) Mobile units purge their crawfish at their commissary, this would eliminate the need for extensive rinsing on their mobile units and allow the mobile unit to now sell crawfish as before it wasn't allowed 10) All mobile food establishments shall move and vacate the premise of the Minutes—November 9,2021 business location on a dailybasis overnight parking at th e business location is 9 p 9 prohibited. At the end of each business day, the mobile food establishment shall return to the central preparation facility commissary for servicing and storage. If storage is not allowed at the central preparation facility/commissary, the mobile food unit must be stored in a secured storage facility. 11) Secured storage facility-A rented storage space, where mobile food units may park overnight, until the next business day 12) Special event permits must be submitted at least 30 days prior to the event 13) Adding the words purchased, to the temporary permit guidelines 14) Food products must be purchased the day of the event with receipts 15) New food permit fees, temporary permit fees and mobile food unit fees were discussed and proposed Review and discuss closed captioning equipment and services Bart Bartkowiak, Director of Public Works, and Technology Services reviewed and discussed closed captioning equipment and services. Mr. Bartkowiak stated that the video of Council Meetings is currently streamed live to the City's web site through Swaglt as well as to YouTube. The Council meetings can be viewed later on both the City's web site and on YouTube, on the City's web site, the meeting is indexed to the agenda where a person can click and skip to the portion of the meeting, they are interested in. Mr..Bartkowiak stated that no captioning is currently available for the video on the city's web site, YouTube does automatic captioning generated by machine learning algorithms, accuracy is estimated at around 50%, this captioning is available as the video is streamed as well as when viewed later. On demand captioning is available approximately 1-2 hours after the meeting is finished. Options to improve captioning Swaglt can add English captioning for both live and on demand for$12,300 annually, adding English and Spanish captioning for both live and on demand for $27,000 annually. (On demand is available approximately 4-5 business days after the meeting), another feature that can be added is a searchable transcript for $2,400 annually. A one-time hardware upgrade of the Swaglt equipment would be required for $29,038. YouTube Captioning.on YouTube can be upgraded through a third-party service, this would be on demand only (not for the live stream) and would include English and Spanish for $23,328 annually. A searchable transcript is included with the English and Spanish option, captioning would be available approximately 24 hours after the meeting is finished. COMMENTS Public Comments (Persons are limited to three minutes) Santos Hernandez 1378 Forsythe St. Beaumont TX Stated that this was the first time he's attended a City Council meeting, glad to hear the discussions that have taken place, stated that he attended a zoom meeting regarding the Minutes—November 9,2021 infrastructure bill that was passed on today, asked that Council be focused on what they can do in their position of leadership to bring some of that money to Beaumont, forty percent of that money will be allocated to low income areas and knows that Beaumont needs that money, asked that they reach out and not to wait, thanked Councilmember Samuel, he reached out to him regarding a railroad issue he was having, commented on the conversation from earlier in the meeting regarding the mobile food units Colin Eller 701 Trinity Beaumont TX Spoke negatively regarding the COVID-19 vaccine Haley Marchand 2681 S. Pine Island Rd. Beaumont TX Spoke negatively regarding the COVID-19 vaccine Marcia Cavett 6220 Phelan Beaumont TX Spoke negatively regarding the COVID-19 vaccine Amanda Hayes 3925 Crow Rd. Beaumont TX Stated that she's the Vice President of Amalgamated Transit Union, informed Council that they are still in negotiations with the contractor that manages Beaumont Transit,the last offer that was made was horrible and deplorable, the offer was rejected, stated that.the two parties aren't at the table anymore and not sure what they need to do to get this resolved, they are willing to do what is needed to get this resolved, asked for the Council's help for some resolve, there should be some consideration for the drivers as they all live in Beaumont,they have worked doing the pandemic and put their health on the line to get the citizens to their doctors appointment and to their jobs etc., this has been going on over a year and needs to be resolved Christopher Matthews 3875 N. Major Dr. Beaumont TX Asked Council about an EDC board, stated that he knows the Cities of Port Arthur and Orange have an EDC, it would be a good idea if Beaumont were to get one, wanted to know how does the City go,about developing a EDC board, thinks it would be good for community growth and the board could find more federal and economic grants, it would.take the burden off the city, suggested possibly having a workshop on this issue * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER- ENCOURAGED CITIZENS TO GET OUT AND SUPPORT LAMAR UNIVERSITY'S HOMECOMING Minutes—November 9,2021 COUNCILMEMBER GETZ— NONE COUNCILMEMBER DURIO — STATED THAT HE'S BEEN RECEIVING CALLS AND COMPLAINTS FROM DIFFERENT NEIGHBORHOODS IN HIS WARD REGARDING DOGS RUNNING FREE,THEY ARE ACTUALLY DOGS THAT LIVE IN THE NEIGHBORHOODS,THERE HAS BEEN INFORMATION THAT'S BEEN PUT ON THE WEB SITE ALONG WITH FLYERS SENT OUT SHARING INFORMATION FROM THE CITY ORDINANCE ABOUT RESIDENTS CONTROLLING THEIR ANIMALS, STATED THAT THE ANIMALS ARE THE RESPONSIBILITY OF THE OWNER CITY ATTORNEY COOPER— NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - THANKED FORMER MAYOR BECKY AMES FORATTENDING THE MEETING Open session of meeting recessed at 3:44 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Daphne Rivera-Santiago and Daphne Lopez-Rivera Claim of Sylvia Perry Jefferson County, Texas v. City of Beaumont, Texas; Cause No. B-198,481 Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Kyle Hayes, City Manager 41 R in Mouton, yor U list W Tina Broussar , City Clerk ®l�e�r �� 0 Minutes—November 9,2021