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Home My WebLink AboutMIN OCT 31 2017BEAUMONT T E X A S M I N U T E S- CITY OF BEAUMONT W.L. Pate, Jr., At -Large BECKY AMES, MAYOR Gethrel Wright, Mayor Pro Tem Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III October 31, 2017 Robin Mouton, Ward IV Tyrone E. 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 October 31, 2017, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: Invocation Pledge of Allegiance Roll Call * Presentation and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Chaplain Bob Webb of Baptist Hospitals of Southeast Texas 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 Tem Wright, Councilmembers Jordan, Getz, Pate, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda None CONSENT AGENDA * Approval of minutes — October 24, 2017 * Confirmation of committee appointments — Resolution 17-228 Norman Bellard would be appointed to the Police Department Community Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Minutes — October 31, 2017 James W. Reed would be appointed to the Police Department Community Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Sondra Nelson would be appointed to the Convention and Tourism Advisory Board. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Steve McGaha would be appointed to the Convention and Tourism Advisory Board. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) Shahidah Rahman would be appointed to the Community Development Advisory Committee. The term would commence October 31, 2017 and expire September 30, 2019. (Councilmember Audwin M. Samuel) A) Approve a contract with Fort Bend Services Inc. of Stafford, Texas, for the purchase of liquid polymer for use in the Water Department — Resolution —17-229 B) Approve a resolution appointing members to the Beaumont Youth Advisory Council — Resolution —17-230 Mayor Pro Tem Wright moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider an ordinance granting a franchise for solid waste collection and transportation services to Acadiana Waste Services -TX, 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 (7) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Acadiana Waste Services -TX, LLC has requested that the City Council grant the company such franchise agreement. Acadiana Waste Services currently- serves central and south Louisiana with its corporate office located in Lafayette, Louisiana. They are interested in expanding operations into the Beaumont area. 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. Minutes — October 31, 2017 According to City Charter, franchise ordinances require readings at three (3) 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 (4) 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 resolution. COuncilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACADIANA WASTE SERVICES -Tx, LLC. Mayor Pro Tem Wright seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM WRIGHT, COUNCILMEMBERS JORDAN, GETZ, PATE, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED ;�Tro1rr1TT--moi rQllr&� Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. WORK SESSION Receive reports from various city departments related to Hurricane Harvey The following Department Heads gave reports related to Hurricane Harvey Tim Ocnaschek — EOC Director Keith Folsom — Building Services Director Jame Singletary — Police Chief Anne Huff — Fire Chief Dr. Joe Majdalani — Public Works Director Bart Bartkowiak — IT Director COMMENTS Lenny Caballero — Events Facility Director Sherry Ulmer — Public Health Director Chris Boone — Planning & Zoning Director Jimmy Neale — Parks and Rec Director Stephanie Molina - CVB Todd Simoneaux — Chief Financial Officer Public Comments (Persons are limited to three minutes) Marco Hernandez 2556 Angelina Beaumont TX Thanked Mayor, Council, City Manager, City Clerk and staff for their help in providing an area to play foosball Minutes — October 31. 2017 Jeremy Pavlich 895 Chamberlin Beaumont TX Stated that he's representing the Plummer's Union Local 68, stated that it has come to his attention that the City is looking at a group that has been involved in the Flint, Michigan water crisis, stated that they have a plan in place to start doing free testing and evaluating of water system, whether it be for City infrastructure or private residence even hospitals and schools, would like to know if there could be a meeting scheduled with the Council to take an in depth look at what they offer Herman Davis 3055 Robinhood Ln. Beaumont TX Stated that October is National Cyber Security Month, gave a few facts that could help city residents, stated that in 2017 there has been over 1,000 data breeches online that has affected over 160 million people, asked that everyone be really careful on social media, there have been reports that 60 events before and after the Presidential election have been organized by Russian groups, stated that the City needs unity, so be careful what you read on social media, stated that the City's Facebook page has 3,961 likes, the page is a portal for people that are maybe thinking about moving to Beaumont, suggested that the City run a social media campaign The Mayor left the meeting at 4:51 p.m. Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - STATED THAT LAN IS ALREADY IN THE CITY OF.BEAUMONT DOING BUSINESS AND HAS A CONTRACT WITH THE CITY ON THE STORM WATER SYSTEM, IT'S YEAR THREE OF A THREE YEAR CONTRACT, STATED THAT COUNCILMEMBER GETZ HAS BEEN ON COUNCIL FOR A NUMBER OF YEARS AND DID HE HAVE THE SAME TYPE OF CONVERSATION REGARDING THE REQUEST FOR COMPETENCY BACK THEN, AND IF NOT WHY NOT, AND WHY NOW? COUNCILMEM13ER GETZ - COMMENTED ON THE PROFESSIONAL PROCUREMENT PROVISION OF THE TEXAS LOCAL GOVERNMENT CODE, STATED THAT COUNCIL RECEIVED A MEMORANDUM FROM THE CITY ATTORNEY IN REGARDS TO THE PROFESSIONAL SERVICES PROCUREMENT ACT WHICH WAS DISCUSSED AT THE LAST COUNCIL MEETING, INVOLVING THE AWARD OF THE LAN CONTRACT, EXPRESSED CONCERNS BECAUSE AS COUNCIL KNOWS FROM LOOKING AT THE LANGUAGE IN THE PROCUREMENT ACT THE CITY IS SUPPOSED TO SEEK THE MOST QUALIFIED PROVIDER OF PROFESSIONAL SERVICES, ONCE THAT HAS BEEN OBTAINED THE CITY IS SUPPOSED TO NEGOTIATE A PRICE, THE CITY ATTORNEY AFFIRMED THAT WITH HIS MEMORANDUM, STATED THAT WHAT CONCERNS HIM IS THAT THE CITY, DID NOT SEND OUT A REQUEST FOR QUALIFICATIONS, TO HIM IT SEEMS DIFFICULT TO EVALUATE THE BEST QUALIFIED IF A REQUEST FOR QUALIFICATIONS Minutes — October 31, 2017 WASN'T SENT OUT, QUOTED AN ATTORNEY GENERAL OPINION, ALSO STATED THAT HE LOOKED AT OTHER ENTITIES THAT HAVE TO DO PROFESSIONAL PROCUREMENT PROVISIONS, STATED THAT THE CITY SHOULD CONSIDER LOOKING AT WHAT SOME OF THE OTHER CITIES DO AND HOW THEY HANDLE THEIR PROFESSIONAL SERVICES, ENCOURAGED THE CITY MANAGER TO TAKE A LOOK AT WHAT OTHER CITIES ARE DOING SO THAT BEAUMONT COULD HAVE THE BEST PRACTICES MAYOR PRO TEM WRIGHT - THANKED THE DEPARTMENT HEADS FOR THEIR PRESENTATIONS AND ALL THAT THEY DO, ALSO THANKED THE HEALTH DEPARTMENT FOR THE TETANUS SHOT THAT WAS GIVEN TO THE PUBLIC FOR FREE COUNCILMEMBER PATE - COMMENTED ON THE STAFF AND THEIR PRESENTATIONS, WHAT A GREAT TEAM THEY ARE, THANKED THEM FOR ALL THEY DO, ANNOUNCED THAT LAMAR UNIVERSITY'S HOMECOMING WILL BE THIS WEEKEND, THE GAME STARTS AT 6:00 P.M., STATED THAT THE ASTRO'S WERE GOING TO WIN THE WORLD SERIES, GO ASTRO'S COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER MOUTON - THANKED THE DEPARTMENT HEADS FOR THEIR PRESENTATIONS AND THANKED THEM FOR ALL THAT THEY DO, ANNOUNCED LAMAR UNIVERSITY'S HOMECOMING PARADE THIS SATURDAY, ENCOURAGED EVERYONE TO COME OUT AND SUPPORT THEM, WISHED HER FATHER-IN-LAW AND BROTHER HAPPY BIRTHDAY CITY ATTORNEY COOPER - STATED THAT HE DID PROVIDE COUNCIL WITH A MEMO AFTER LAST WEEK'S DISCUSSION OF THE QUALIFICATIONS OF LAN, IN DOING SO IT WAS DONE FOR THE PURPOSE OF CORRECTING COUNCILMEMBER GETZ, IN REGARDS TO THE POSITION THAT HE TOOK ON LAST WEEK AND CONTINUES TO TAKE RELATIVE TO A POINT OF PROCESS IN ORDER TO SELECT A PROFESSIONAL SERVICE PROVIDER, THE CITY ATTORNEY READ A SECTION OF THE TEXAS GOVERNMENT CODE REGARDING A PROFESSIONAL ENGINEERING SERVICE PROVIDER, THE CITY ATTORNEY STATED THAT BASED UPON HIS OPINION AND THE READING OF THE LAW, THE PROCESS THAT DR. MAJDALANI, PUBLIC WORKS DIRECTOR TOOK, HE FEELS . THAT HIS PROCESS WAS WITHIN KEEPING OF THE PROFESSIONAL PROCUREMENT STATUE CITY MANAGER HAYES - NONE MAYOR AMES - NONE Open session of meeting recessed at 5:01 p.m. Minutes — October 31, 2017 EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Ebony Jenkins TOUR City Council will take a tour and visit various city owned facilities affected by Hurricane Harvey - Cancelled being n9fpction taken in Executive Session, Council adjourned. r Tina Broussard, City Clerk �6 s � W I Minutes — October 31, 2017