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Home My WebLink AboutMIN OCT 30 2018T 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 OCTOBER 30, 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 October 30,2018, 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. 1-3/Consent Agenda Consent Agenda Mayor Ames called the council meeting to order at 1:30 p.m. Cynthia Wolf, Officer and Board Member of Temple Emanuel 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 Mouton, Councilmembers Jordan, Getz, Sam, Pate and Samuel. Absent: Tyrone Cooper, City Attorney. Also present were Kyle Hayes, City Manager; Sharae Reed, 1 st Assistant City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Presentation - American Water Works Association (AWWA) — Recognized employees from the Water Department for doing an outstanding job during Hurricane Harvey, Dr. Joe Majdalani, Public Works Director accepted on behalf of the City of Beaumont "Catholic Charities of Southeast Texas Harvest of Hope Day" — November 6, 2018 — Proclamation read by Councilmember Jordan; accepted by Carol Fernandez, President and CEO of Catholic Charities of Southeast Texas and others Mayor Ames read the announcement regarding Executive Session being held at the conclusion of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda None Minutes — October 30, 2018 CONSENT.AGENDA Approval of minutes — October 23, 2018 Confirmation of committee appointments — Resolution 18-271 Theresa- Goodness, a member of the Jefferson County Historical Commission, would fill the unexpired term of Jessie Davis on the Historic Landmark Commission. The term will commence October 30, 2018 and expire September 30, 2019. (Mayor Becky Ames) A) Authorize the City Manager to execute an agreement with Conterra Networks for the placement of fiber optic cable in public right-of-way — Resolution 18-272 B) Authorize the acceptance of -an Exclusive Water Meter Easement located at 620 Marina Drive — Resolution 18-273 Councilmember Getz moved to approve the Consent Agenda. Councilmember Jordan seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider an election for Mayor Pro Tempore. According to the City Charter, "the City Council shall elect one of its members as Mayor Pro Tempore for a one year term." The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of the office, and, if a vacancy occurs, shall become Mayor for the unexpired term. Councilmember Robin Mouton was elected Mayor Pro Tempore on February 27, 2018 to fill the unexpired term of Mayor Pro Tempore Gethrel Williams -Wright, whose term would have ended on July 25, 2018. The Administration recommends that a Councilmember be elected Mayor Pro Tempore and serve through May 28, 2019 or until another election for this position is held. Councilmember Getz moved to APPROVE A RESOLUTION THAT W.L. PATE BE ELECTED MAYOR PRO TEMPORE TO SERVE THROUGH MAY 28, 2019 OR UNTIL ANOTHER ELECTION FOR THIS POSITION IS HELD. With there being no second the motion failed. Councilmember Pate moved to APPROVE A RESOLUTION THAT ROBIN MOUTON BE ELECTED MAYOR PRO TEMPORE TO SERVE THROUGH MAY 28, 2019 OR UNTIL ANOTHER ELECTION FOR THIS POSITION IS HELD. Councilmember Sam seconded the motion. Minutes — October 30, 2018 AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-274 2. Consider a resolution authorizing a contract with Schaumburg & Polk, Inc., for Professional Engineering Services related to Sewer Lift Station Repairs. Flood waters during Tropical Storm Harvey caused major damage to 26 sewer lift stations. A Request for Qualifications (RFQ) was solicited from 15 vendors, and on September 13, 2018, two (2) responses were received. Upon review, it was determined based on Criteria Evaluation Scores that Schaumburg & Polk, Inc., be recommended for award. If approved, Schaumburg & Polk, Inc., will provide professional engineering services outlined in Attachment "A" of the agreement. A brief summary of activities to be provided by the consultant is indicated below: Basic Service ($391,920.00) • Field survey and investigation to determine the extent of damage to each lift station. • Scope of work, detailed cost estimates, and summary reports. • Design criteria, preliminary drawings, outline specifications and written descriptions for the complete project. • Contract document preparations for formal advertisement. • Assist the City with evaluating formal bids received and prepare all awarding contract documents. Special Services ($236,580.00) • Provide construction management from beginning of project to closeout such as, but not limited to; • Perform all project shop drawing reviews and approvals. • Inspect and approve Contractor's work as outlined in the contract documents. • Assist the City with review of monthly pay requests and change orders as needed. • Conduct the final inspection to determine if the completed work of the Contractor is acceptable under the terms and conditions of the contract. • Prepare final project closeout documents. The proposed fee for Basic Services ($391,920) is based on 12% of the preliminary estimated construction cost. The proposed fee for Special Services ($236,658) is based on the level of effort required to provide more extensive construction observation for a 12 month construction period to verify that construction is in accordance with the approved specifications. Ninety percent (90%) of the fees will be covered by FEMA, with the remaining fees to be funded by other grants, if applicable, or the Water Utilities Fund. Minutes — October 30, 2018 Approval of the resolution. COuncilmember Pate moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN ENGINEERING SERVICES CONTRACT WITH SCHAUMBURG AND POLK, INC., FOR ENGINEERING SERVICES RELATED TO SEWER LIFT STATION REPAIRS CITYWIDE FOR DAMAGES INCURRED DURING HURRICANE/TS HARVEY. Councilmember Getz seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM MOUTON, COUNCILMEMBERS JORDAN, GETZ, SAM, PATE AND SAMUEL NAYS: NONE MOTION PASSED Resolution 18-275 3. Consider a resolution approving the purchase of four excavators for use in the Sewer Maintenance; Water Distribution and Solid Waste Divisions. Two excavators in the amount of $171,454.04 will be purchased for use in the Sewer Maintenance Division. They will replace units 51.72 and 5156, which have exceeded their expected service lives. The excavator for the Solid Waste Division would be purchased for $283,000.00 and will replace unit 5146, which has exceeded the expected service life. The excavator for the Water Distribution Division would be purchased for $63,054.30 and will replace unit 5154, which has exceeded the expected service life. The four older excavators will be disposed of in accordance with the City's surplus equipment policy. Total pricing, in the amount of $517,508.34, was obtained from Waukesha -Pearce Industries, of Dallas, Texas, through the BuyBoard contract. BuyBoard is a cooperative purchasing association that complies with the State of Texas' procurement statutes. Funds will come from the Water Utilities Fund ($234,508.34) and the Solid Waste Fund ($283,000). Approval of the resolution. COuncilmember Jordan moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF FOUR (4) EXCAVATORS FOR USE BY THE SEWER MAINTENANCE WATER DISTRIBUTION AND SOLID WASTE DEPARTMENTS FROM WAUKESHA-PEARCE INDUSTRIES, OF DALLAS, TEXAS, IN THE AMOUNT OF $517,508.34 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM. 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 Minutes — October 30, 2018 Resolution 18-276 COMMENTS * Public Comments (Persons are limited to three minutes) Gary Daugherty 7690 Concord Rd. Beaumont TX Commented on the neglect of the streets and highways, stated that they are filthy, the street cleaners aren't cleaning the streets, the stripes on the road are dirty and faded out, commented on the lights on the highway, they are a 120 feet in the air, they are inadequate, the highways are becoming very dangerous due to the inadequate lighting, you can't see to enter or exit the highway Lafayette Spivey 6010 Chandler Dr. Beaumont TX Encouraged citizens to go out and vote, if you have to crawl, walk or run, please go to the polls and vote Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER JORDAN - REMINDED EVERYONE THAT THE ANIMAL CARE FACILITY WILL BE HOSTING AN ADOPTION EVENT ON WEDNESDAY, OCTOBER 31, 2018, FROM 10:00 A.M. TO 5:30 P.M., THE COST FOR ADOPTION WILL BE $31.00, THE ANIMALS WILL BE SPADED, NEUTERED AND MICRO CHIPPED, STATED THAT SHE HAS BEEN CONTACTED BY THE LUMBERTON CITY COUNCIL AND THE CITY MANAGER WHO IS LOOKING TO IMPLEMENT A PAINTED BOX PROJECT, SHE HAS DIRECTED THEM TO THE CITY'S WEB SITE, ALSO GAVE THEM SOME POINTERS ON HOW TO DO TWELVE TO FIFTEEN BOXES, MENTIONED THE NEW CORNER STORE THAT IS LOCATED ON THE CORNER OF CALDER AND MLK, THERE IS A MURAL THAT HAS BEEN DONE AND WILL BE COMPLETED ON TODAY BY KIMBERLY BROWN, SHE WAS ALLOWED BY THE OWNERS TO PAINT THE MURAL OF THE PIG STAND THAT ONCE STOOD WHERE THE CORNER STORE IS NOW, THANKED THE OWNERS AND KIMBERLY FOR KEEPING THAT PART OF BEAUMONT'S HISTORY ALIVE, ENCOURAGED EVERYONE TO GO BY AND LOOK AT THE BEAUTIFUL JOB THAT SHE HAS DONE COUNCILMEMBER GETZ - THANKED KIMBERLY BROWN FOR THE GREAT ART WORK ON THE MURAL THAT SHE HAS DONE, MADE MENTION OF THE EVENTS THAT WENT ON OVER THE WEEKEND, ESPECIALLY COPS AND KIDS, IT WAS AN AWESOME EVENT, THANKED THE POLICE DEPARTMENT FORAJOB WELL DONE, COMMENTED ON THE SENSELESS LOSS OF LIVES THAT WERE TAKEN IN PITTSBURGH, THANKED CYNTHIA WOLF FOR THE OPENING PRAYER, HERE CLOSER TO HOME WE HAVE SEEN A JEWISH Minutes — October 30, 2018 CEMETERY IN ORANGE THAT WAS VANDALIZED OVER THE LAST FEW DAYS, THE RISING ANTI-SEMITISM IS REGRETTABLE AND SAD, WE HOPE THAT PEOPLE CAN LOOK WITHIN THEMSELVES AND UNDERSTAND THAT WE DON'T HAVE ANY PLACE FOR THAT TYPE OF BEHAVIOR, ATTITUDE OR RACISM IN SOUTHEAST TEXAS, IN THE UNITED STATES OR IN THE WORLD COUNCILMEMBER SAM - THANKED DR. MADALANI FOR THE HARD WORK THAT WAS DONE ON FLORIDA ST., THE CITIZENS IN THAT AREA ARE VERY HAPPY WITH THE RESULTS, UNDERSTANDS THAT THERE IS MORE TO BE DONE COUNCILMEMBER PATE - COMPLIMENTED KIMBERLY BROWN ON THE MURAL THAT SHE WILL BE COMPLETING ON TODAY, THOUGHTS AND PRAYERS ARE WITH THE FAMILIES IN PITTSBURGH, ANNOUNCED THAT LAMAR UNIVERSITY WILL BE HOSTING A PROGRAM TO SALUTE THE VETERANS AT THEIR NEXT FOOTBALL GAME, THEY WILL BE HOSTING HOUSTON BAPTIST ON NOVEMBER 10, 2018, AT 3:00 P.M., ENCOURAGED EVERYONE TO GET OUT AND VOTE, CONGRATULATED ROBIN MOUTON ON BEING ELECTED MAYOR PRO TEM, THINKS THAT SHE HAS DONE A GREAT JOB COUNCILMEMBER SAMUEL - NONE MAYOR PRO TEM MOUTON - THANKED EVERYONE FOR ELECTING HER AS MAYOR PRO TEM ONCE AGAIN, ENJOYS THE WORK AND LOOKS FORWARD TO COMPLETING THE TERM, COMMENTED ON THE ELEVEN KILLINGS IN PITTSBURGH, TWO IN JEFFERSON TOWN, KENTUCKY AND THE 14 BOMBS THAT WERE MAILED, IT'S TRULY PRAYING TIME, THERE ARE HEAVY HEARTS ACROSS THE NATION, REGARDING THE SENSELESS DEATHS THAT ARE DRIVEN BY HATE, ALSO THIS THURSDAY, NOVEMBER 1, 2018, THERE WILL BE AWARD IV TOWN HALL MEETING, INVITED THE MAYOR AND COUNCIL TO ATTEND, THE MEETING WILL BE HELD AT CENTRAL PARK COMMUNITY CENTER, 640 4T" ST., FROM 5:30 P.M. TO 7:00 P.M., CONDOLENCES TO THE FAMILIES OF KAMAN SCOTT AND DORIS SMITH, COMMENTED ON COPS AND KIDS WHICH WAS A GREAT SUCCESS, THANKED THE BEAUMONT POLICE DEPARTMENT ON A JOB WELL DONE, ALSO ANNOUNCED THAT THIS WEEK IS RED RIBBON WEEK 1ST ASSISTANT CITY ATTORNEY- NONE CITY MANAGER HAYES - NONE MAYOR AMES - STATED THAT THIS IS THE FIRST COPS AND KIDS THAT SHE HAS MISSED, HAD TO BE OUT OF TOWN, READ AN EMAIL THAT SHE RECEIVED FROM A CITIZEN REGARDING COPS AND KIDS AND WHAT A GREAT JOY IT WAS TO ATTEND, THANKED THE POLICE DEPARTMENT FOR THE GREAT JOB THEY DID Minutes — October 30, 2018 Open session of meeting recessed at 2:16 p.m. EXECUTIVE SESSION Thdre bei RAN= Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Gaming Site Permit Revocation Appeal - 1402 Washington Boulevard Trudi Martin v. City of Beaumont Public Health Emergency Medical Services and the City of Beaumont; No. D-199,561 Nyjuma Howard v. The City of Beaumont; Cause No. 0130859 Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically city -owned property at, 3455 Sarah Street no action taken in Executive Session, Council adjourned. Tina Broussard, City Clerk C3 tLU Minutes — October 30, 2018