HomeMy WebLinkAboutMIN AUG 21 2018A,.
T E X A S
M I N U T E S- CITY OF BEAUMONT
W.L. Pate, Jr., At -Large BECKY AMES, MAYOR William R. Sam, Sr-.,, At -Large
Virginia H. Jordan, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III IAUGUST 21, 2018 Robin Mouton, Mayor Pro Tern
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 August 21, 2018, 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 item No. 1 & 2/Consent Agenda
Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor Roosevelt Henry, Associate Pastor of Encounter 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 Mouton, Councilmembers Jordan, Getz,
Sam, Pate and Samuel. (Councilmembers Getz and Pate arrived late). 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 items 1 & 2/Consent Agenda
None
CONSENT AGENDA
Approval of minutes — August 14, 2018
Confirmation of committee appointments
Jefferson Fisher would fill the unexpired term of Jason Cansler on the Historic Landmark
Commission (Attorney). The term would commence August 21, 2018 and expire September
30, 2019 (Mayor Becky Ames) — Resolution 18-197
Minutes —August 21, 2018
Corey Crenshaw would fill the unexpired term of B. Eliot New on the Planning and Zoning
Commission (Alternate). The term would commence August 21, 2018 and expire September
30, 2019 (Mayor Becky Ames) — Resolution 18-198
A. Repeal Resolution No. 18-154 and approve a new resolution authorizing the City Manager to
execute all documents necessary to apply for and accept new grant funding related to the
Southeast Texas Auto Theft Task Force — Resolution 18-199/Resolution 18-200
B. Authorize the'City Manager to execute all documents necessary to execute a Memorandum
of Understanding between the City of Beaumont and Goodyear Tire and Rubber —
Resolution 18-201
C. Authorize the City Manager to execute a Memorandum of Understanding with Beaumont
Pets Alive — Resolution 18-202
Councilmember Samuel moved to approve the Consent Agenda. Mayor Pro Tem Mouton
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
GENERAL BUSINESS
r
Consider a resolution authorizing the City Manager to award a bid to T Construction, LLC, of
Houston for the Amelia Area and Sherwood Drive Pipe Bursting Contract — Phase I I Project.
This project will provide the replacement of designated pipe segments by means of pipe
bursting and replacing manholes in the Amelia Area and Sherwood Drive.
.On August 9, 2018, six (6) bids were received for furnishing all labor, materials, equipment,
and supplies for the project and are shown in the table below:
Contractor
Contractor
Total Base -Bid
Allowance
Total Award
Location
Amount
T Construction, LLC
Houston, TX
$1,154,807.00
$50,000.00
$1,204,807.00
CZ Construction,
Houston, TX
$1,194,931.00
$50,000.00
$1,244,931.00
LLC
PM Construction &
Pasadena,
Rehab, LLC dba
TX
$1,196,958.00
$50,000.00
$1,246,958.00
IPR South Central
Nerie Construction,
Houston, TX
$1,396,206.00
$50,000.00
$1,446,206.00
LLC
ALLCO, LLC
Teaumont,
$1,444,589.76
$50,000.00
$1,494,589.76
Minutes —August 21, 2018
K
Horseshoe La Porte, TX $17595,385.00 $50,000.00 $11645,385.00
Construction, Inc.
Engineer's Estimate 1 $1,235,220.00 $50,000.00 1 $1,285,220.00
Based on a review of the bids and required documents received, the Water Utilities Engineer
recommends awarding the project to T Construction, LLC, the low bidder, in the amount of
$1,204,807.00.
Funds will come from the Capital Program.
Approval of the resolution.
Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO T CONSTRUCTION, LLC, OF HOUSTON, TEXAS, IN THE
AMOUNT OF $1,204,807.00 TO FURNISH ALL LABOR, MATERIALS, EQUIPMENT, AND SUPPLIES FOR
THE AMELIA AREA AND SHERWOOD DRIVE PIPE BUSTING — PHASE II PROJECT AND THAT THE CITY
MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH T CONSTRUCTION, LLC,
OF HOUSTON, TEXAS. Councilmember Sam seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: , NONE
MOTION PASSED
Resolution 18-203
Consider granting a new solid waste transportation service agreement to DSC Carting, 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. DSC Carting, LLC dba Deep
South Containers has requested that the City Council grant the company a franchise
agreement. DSC Carting, LLC serves Southwest Louisiana and Southeast Texas with its
Beaumont office located at 1440 Spindletop Avenue.
The requested franchise 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. ,
According to the 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 third reading.
Minutes — August 21, 2018
A franchise fee of seven percent (7%) of gross receipts will be paid to the City.
Approval of Ordinance.
Councilmember Jordan moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A
FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO DSC CARTING, LLC.
Councilmember Pate seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ,
SAM, PATE AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 18-038
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)
Allen James, Jr. 8065 Palmetto Dumes Ct. Beaumont TX
Stated that he is the Pastor of Solid Rock Community Church, he has several buildings at the
church, they are trying to get some things done with those building, he needs to find out what
he needs to do to get the buildings ready for the kids
Kenneth Twine 1090 Harriet St. Beaumont TX
Has concerns regarding his street, has lived in that area for a long time, he keeps seeing his
taxes going up but nothing done to his street, the street is full of pot holes and the kids have
to walk in the street because there are no sidewalks, stated that things on the West side of
Beaumont look real good, while there are other areas that look run down, would like to see if
the Council can give Mayor Pro Tem Mouton some help
Harold Haynes 5405 Seale Rd. Beaumont TX
Addressed Council regarding lights in his neighborhood, reported to his Councilmember in
Ward IV an issue with lights on Inca St., it's so dark on that street that it has become a safety
issue, asked how the City can have money for hike and bike trails, parks, golf courses etc.,
stated that the need for the lights are not cosmetic it's a safety issue, the trees are also an
issue because they hang so low over the streets, also made mention of the water flow in his
neighborhood, there is a reverse flow in so many directions because the elevation hasn't
been change in a long time, there's no flow in some sewer mains, there are some areas in
the city that when it rains they can't even go to the bathroom, he doesn't understand why he
and others in his area have'to come to Council and beg for things that others get routinely
without asking
Minutes —August 21, 2018
Marshall Scott 1490 Edwin Beaumont TX
Addressed the problem with the streets, also addressed the City Attorney regarding the last
meeting, the City Attorney made comments regarding Council decorum as well as comments
on a misdemeanor regarding some of the comments made, stated that he can assume
whatever he would like, he assumes that some of the City Councilmembers are taking
money from some of the vendors that are doing work within the City of Beaumont, asked that
Councilmembers keep their hands out of the cookie jar, several Councilmembers need to be
fired, there are streets that need to be fixed and wants to see that happen, there is only one
part of town that money is being spent in
David Pate 6355 Chinn Ln. Beaumont TX
Stated that one of his concerns is streets, asked how the Council manages the money for
the streets and how the streets are being repaired, stated that a while back the City allocated
$2 million for research on street repair, asked why would Council allocate $2 million for the
repairs if the work isn't going to be done, he travels the streets and they are horrible, asked
that if the money is allocated that the Council be clear with the citizens as to what they will be
using the money for, also commented about the City building a hotel downtown, this is the
same thing that Dr. Carroll Thomas was criticized about, wanting to build a hotel across from
the same stadium that his name is being removed from, it's okay for Council to build a hotel
downtown and nothing be said about it, also mentioned that at the last Council meeting one
of the Councilmembers stated that certain comments not be made about BISD but yet he
makes a comment regarding BISD
Christopher Jones 1045 Doucette Ave. Beaumont TX
Stated that it is his right and privilege to not only complain to Council and or Administration, it
is his right and privilege to also render option for resolve, if he can't address his issue in
Council then who does he go to, would like to see the Mayor and Council reach across the
City and speak to the other elected and appointed officials who represent the children, he
has in the past and will continue to complain and render solutions to the elected and
appointed officials, stated that what is on record is always facts of the matter of one's true
self or intent in their actions, interference from the Council is not the request but influence
and advocacy and the attention is, thanked Council for allowing him to speak
Teresa Bowyer 801 Barton Springs Rd. Austin TX
Stated that she is the Development Director with Herman and Kettle, wanted to give Council
an update on Old Dowlen Cottages, this is the senior property that is being constructed
across from Walmart on Old Dowlen Road, stated that there isn't an exact completion date
as of yet, but the construction `is ahead' of schedule, there's 80% framing, one unit and two
garages are left, five units and two garages and a club house are already roofed, 80% of the
first four buildings have been inspected, there has been a lot of interest by seniors which is
really good, thanked Council for their support on the project
Lafayette Spivey 6010 Chandler Dr. Beaumont TX
Asked Council if there could be a speed sign on Down Road to slow down the traffic when
citizens are coming out of Tyrrell Park, would like the sign to say "Children Playing, 25 miles
an hour"
Minutes —August 21, 2018
Jason Marshburn
1070 Monterrey Dr.
Beaumont TX
Thanked Council for not having a tax increase, hopes that Council will think about sales tax
in the next year when preparing the budget, the sales tax may not be so good next year,
commented on Stagg Road and how good it looks after being redone, made mention of the
#eatbeaumont which is a good thing to promote eating locally
Barry Beverly
2220 Basin
Beaumont TX
Made comments about 4th Street, Houston Street and all the other streets that everyone
travels daily, cars are getting torn up because nothing is getting done, had.one question for
one of his City_ Councilmembers, Councilmember Getz, what have you done for the citizens
of Beaumont since you have been on Council
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER JORDAN - WANTED TO MAKE A CLARIFICATION REGARDING STREET
LIGHTS, STATED THAT THIS IS WHAT SHE HAS TO DO WHEN SHE
HAS STREET LIGHTS OUT IN HER NEIGHBORHOOD, IT'S UP TO
THE RESIDENT TO CALL ENTERGY AND REPORT THE EXACT
LOCATION, GIVE THEIR PHONE NUMBER AS THE RESIDENT
CALLING, STATED THAT SHE GETS A CALL/TEXT AS TO THE
EXACT DATE AS TO WHEN THE REPAIRS WOULD BE DONE, SHE
HAS NEVER EXPERIENCED A DELAY OR HESITATION; RESIDENTS
CAN CALL ENTERGY OR GO TO THEIR WEBSITE, STATED THAT
THE CITY HAS $10 MILLION TO FIX STREETS, SHE'S ANXIOUS
TO SEE THE CITY GET STARTED, THERE IS ALSO MONEY THAT
HAS BEEN DIVIDED AMONG EACH WARD THAT WILL BE USED
FOR STREETS, COMMENTED ON THE ADOPTION AT THE ANIMAL
SHELTER OVER THE WEEKEND, THERE WERE 64 ADOPTIONS,
THEY ALMOST CLEARED THE SHELTER, THANKED THE SHELTER
FOR ALL OF THEIR HARD WORK, THEY DID A GREAT JOB
COUNCILMEMBER GETZ - ASKED THE CITY MANAGER IF AN EARNEST MONEY CONTRACT
HAS BEEN SIGNED FOR THE AT&T BUILDING, ASKED WHAT
WAS THE REPAIR STATUS OF THE ORGAN AT THE JEFFERSON
THEATRE, WANTED TO REITERATE WHAT THE MAYOR STATED
REGARDING THE COUNCIL HAVING NO PLANS ON BUILDING A
HOTEL DOWNTOWN, STATED THAT THE IDEA OF USING TAX
PAYER DOLLARS TO CONSTRUCT A HOTEL IS SOMETHING THAT
HE FINDS REPUGNANT AND WOULDN'T BE IN FAVOR OF, JUST
AS HE WASN'T IN FAVOR OF THE SCHOOL DISTRICT USING TAX
PAYER DOLLARS TO BUILD A HOTEL, A HOTEL SHOULD BE BUILT
BY THE PRIVATE SECTOR, STATED THAT THE COUNCIL WILL BE
ADJOURNING INTO EXECUTIVE SESSION TO DISCUSS WHAT HE
BELIEVES TO BE EMPLOYEE EVALUATIONS FOR THE FOUR
EMPLOYEES THAT THE COUNCIL HIRES, HE HAS SAID IN THE
PAST AND WILL SAY AGAIN THAT THERE SHOULD BE SOME TYPE
Minutes — August 21, 2018
I
OF OBJECTIVE CRITERIA UTILIZED BY WHICH COUNCIL CAN
EVALUATE THESE EMPLOYEES, WAS TOLD IN THE PAST THAT
SOME SORT OF CRITERIA WAS GOING TO ESTABLISHED TO DO
THAT AND SO FAR THAT HADN'T BEEN DONE, FEELS THAT
THERE SHOULD BE A WORKSHOP ON WHETHER OR NOT IT
SHOULD BE THE POLICY OF THE CITY OF BEAUMONT TO
EVALUATE AND DO AT LEAST ANNUAL EMPLOYEE
EVALUATIONS, GAVE THE REASONS WHY HE FELT LIKE THE
EVALUATIONS SHOULD BE DONE
COUNCILMEMBER SAM - STATED THAT HE WILL MAKE SURE THAT THE SPEED SIGN THAT
MR. SPIVEY REQUESTED WILL GET DONE, HE WILL ALSO WORK
HARD TO GET THE THINGS DONE IN THIS CITY THAT NEED TO BE
DONE
COUNCILMEMBER PATE - COMPLIMENTED THE ANIMAL SERVICES DEPARTMENT ON THE
64 ANIMALS THAT WERE ADOPTED OVER THE WEEKEND,
STATED THAT THERE ARE STILL A FEW ANIMALS LEFT, ASKED
THAT ANIMAL SERVICES THINK ABOUT EXTENDING THE
ADOPTION SO THAT THE FEW THAT WERE LEFT COULD
POSSIBLY BE ADOPTED, EXCITED ABOUT THE PROGRESS THAT
HAS BEEN MADE THROUGH ANIMAL SERVICES, ANNOUNCED
THAT SCHOOL WILL BE STARTING FOR LAMAR UNIVERSITY ON
NEXT WEEK, IT'S A GREAT TIME FOR THE STUDENTS TO TAKE
PART IN THE #EATBEAUMONT, THERE ARE SOME GREAT
RESTAURANTS IN BEAUMONT, ENCOURAGED EVERYONE TO
TRY AND VISIT AS MANY AS POSSIBLE, ANNOUNCED THAT
SEPTEMBER 1, 2018, IS THE FIRST FOOTBALL GAME FOR
LAMAR UNIVERSITY, THEY WILL BE PLAYING KENTUCKY
CHRISTIAN, THE SECOND GAME THEY WILL BE PLAYING TEXAS
TECH IN LUBBOCK, TX, ANNOUNCED THE ANNUAL FOOTBALL
KICKOFF CELEBRATION, SUNDAY, AUGUST 25, 2018, THE KEY
NOTE SPEAKER WILL BE FOOTBALL LEGEND "LITTLE" JOE
WASHINGTON, THE EVENT WILL BEGIN AT 5:00 P.M., IN THE
MONTAGNE CENTER WITH A VIP RECEPTION FEATURING JOE
WASHINGTON AND LAMAR UNIVERSITY HEAD FOOTBALL
COACH MIKE SCHULTZ AND DIRECTOR OF ATHLETICS MARCO
BORN, THE CELEBRATION IS TO RAISE MONEY FOR LAMAR
UNIVERSITY FOOTBALL, ENCOURAGED CITIZENS TO JOIN THE
CARDINAL CLUB
COUNCILMEMBER SAMUEL - THANKED ALL OF THE CITIZENS THAT WERE AT THE MEETING
ON LAST NIGHT AND MADE A DECISION TO ATTEND THE
COUNCIL MEETING ON TODAY, HOPE THAT THEY CONTINUE TO
ATTEND THE MEETINGS AND BE HEARD, STATED THAT THIS IS
THE PLACE THAT CITIZENS CAN VOICE THEIR CONCERNS OR
COMPLAINTS
Minutes —August 21, 2018
MAYOR PRO TEM MOUTON - THANKED MR. BEVERLY, MR. SCOTT AND MR. TWINE FOR
ATTENDING THE MEETING AND VOICING THEIR OPINIONS
REGARDING THE STREETS, STATED THAT SHE WILL CONTINUE
TO FIGHT FOR WARD IV AND FOR ROAD REPAIR, STATED TO
MR. HAYNES, THAT A WORKORDER HAS BEEN SUBMITTED FOR
INCA ST., FOR LIGHTS, IT IS PITCH DARK ON THAT STREET AND
IT IS A SAFETY ISSUE, THERE HAS ALSO BEEN A WORKORDER
SUBMITTED FOR SEALE RD., TO CHANGE THE LIGHTING, THE
WORKORDERS WERE SUBMITTED TO ENTERGY, ALSO STATED
TO MR. SPIVEY, THAT SHE WILL MAKE SURE THAT A SPEED
SIGN WILL BE PUT UP AT TYRELL PARK REGARDING THE SPEED _
LIMIT, THANKED EVERYONE THAT WAS IN ATTENDANCE AT THE
MEETING, STATED TO MR. PETE THAT SHE HAS NEVER TAKEN
A VOTE TO BUILD A HOTEL DOWNTOWN, JUST WANTED TO BE
CLEAR ON THAT, ALTHOUGH SHE WOULD LIKE TO SEE A HOTEL
CITY ATTORNEY COOPER - NONE
CITY MANAGER HAYES - NONE
MAYOR AMES - NONE
Open session of meeting recessed at 2:18 p.m.
EXECUTIVE SESSION
Consider matters related to appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee in accordance with
Section 551.074 of the Government Code to wit:
City Manager — Kyle Hayes
City Attorney - Tyrone Cooper
City Clerk — Tina Broussard
Chief Magistrate — Craig Lively
-IAbre b ing no action taken in Executive Session, Council adjourned.
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Tina Broussard, City Clerk Z
Minutes —August 21, 2018