HomeMy WebLinkAboutMIN JUL 09 2019BEAUMONT
T E X A S
M I N U T E S- CITY OF BEAUMONT
W.L. Pate, Jr., Mayor Pro Tem BECKY AMES, MAYOR Randy Feldschau, At -Large
Taylor S. Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II
Audwin Samuel, Ward III July 9, 2019 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 July 9, 2019, 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 1-3/Consent Agenda
* Consent Agenda
Mayor Ames called the council meeting to order at 1:30 p.m.
Pastor "Big" Jim Salles-with West End Baptist Church gave the invocation and led the Pledge of
Allegiance. Roll call was made by Tina Broussard, City Clerk.
Present at the meeting were Mayor Ames, Mayor Pro Tem Pate, Councilmembers Nield, Getz,
Feldschau and Samuel. Absent: Councilmember Mouton. Also present were Kyle Hayes, City
Manager; Tyrone Cooper,, City Attorney; Tina Broussard, City Clerk.
Proclamations, Presentation, Recognitions
"Know Your County Courthouse Day" - July 10, 2019 - Proclamation read by
Councilmember Getz; accepted by Rev., J.D. Roberts, CEO and Founder of Save Our
Children (SOC)
Recognition — The Mayor stated that on June 22, 2019, the University of Houston Alumni
Association -Black Alumni had a brunch to celebrate a history of legacy and leadership.
Tyrone Cooper, the City Attorney, was one of the 2019 Heritage Honorees. The University
honored his legacy of service to the City of Beaumont and for giving back to the University
where he received both his undergrad degree and law degree.
Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda
Jude Paredez 10620 Gage Rd. Beaumont TX
Spoke on Consent Agenda Items C,D & G, ask how hard it is to put the cost on these items,
has the Consent Agenda and Agenda from the rear of the room, stated that if it's over
$50,000.00 it's supposed to be placed for competitive bidding so that our local companies
can bid on these items
Minutes — July 9, 2019
CONSENT AGENDA
Approval of minutes — June 25, 2019
Confirmation of committee appointments — None
A) Authorize the City Manager or the Chief Financial Officer to execute all documents
necessary to accept funding from the Texas Department of State Health Services (DSHS) for
the Women, Infants, and Children Program (WIC) - Resolution —19-131
B) Approve a contract with Brenntag Southwest, Inc. of Lancaster for the purchase of aluminum
sulfate for use in the Water Utilities Department - Resolution —19-132
C) Approve multiple contracts for the purchase of medical supplies used in the EMS Division -
Resolution 19-133
D) Approve an agreement with Whitley Penn, LLP, of Houston, for auditing services -
Resolution 19-134
E) Approve the purchase of pipe bursting equipment from TT Technologies, Inc. of Aurora,
Illinois for use by the Water Utilities Department - Resolution 19-135
F) Authorize the City Manager to execute a reimbursement agreement with ExxonMobil for the
partial closures of Van Buren Avenue and Fulton Avenue - Resolution 19-136
G) Authorize the -City Manager to execute Change Order No. 2, accept maintenance, and
authorize final payment to Horseshoe Construction, Inc. - Resolution 19-137
H) Authorize the City Manager to execute all documents necessary to accept grant funds
administered by the Office of the Texas Attorney General - Resolution 19-138
1) Authorize the City Manager or the Chief Financial Officer to execute all documents
necessary for a Memorandum of Understanding between the 'City of Beaumont and the
Texas Department of State Health Services - Resolution 19-139
J) Authorize the City Manager to execute a Memorandum of Understanding with Beaumont
Preservation Partners, LLC - Resolution 19-140
K) Authorize the City Manager to execute a Memorandum of Understanding with Orleans San
Jacinto, LP - Resolution 19-141
L) Authorize the City Manager to execute an agreement with the South East Texas Regional
Planning Commission regarding the Region 9-1-1 System - Resolution 19-142
Mayor Pro Tem Pate moved to approve the Consent Agenda. Councilmember Neild
seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ,
FELDSCHAU AND SAMUEL
NAYS: NONE
Minutes — July 9, 2019
MOTION PASSED
GENERAL BUSINESS
Consider an ordinance amending the FY 2019 Budget.
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed
amendments will ensure that expenditures are within the approved budget and that interfund
transfers are in accordance with financial policies as approved within the budget document.
The details of the proposed amendment are as follows:
The Capital Reserve Fund charges user fees to the departments that purchase fleet
vehicles but relies on transfers from other funds to purchase equipment and building
improvements through this fund. On June 11, 2019, a workshop was held with City
Council to discuss several projects which were not included in the FY 2019 Budget. A
transfer from the General Fund in the amount of $1,913,000 is being proposed this
fiscal year in order to fund those projects. Project details are attached.
2. The Ike Recovery Fund was established to account for Hurricane Ike recovery costs.
and FEMA/other related reimbursements. As discussed in a workshop with City
Council on June 11, 2019, it is recommended to close this fund and transfer all
remaining funds to the Capital Reserve Fund for future capital purchases. This fund
has been kept active until FEMA related reimbursements have been audited,
approved and no longer subject to deobligation. Staff has been informed that all costs
have been audited and no net funds are expected to be subject to refund. Remaining
funds in the amount of $1,684,688 will be transferred. Since the original budget
appropriated an amount of $1,659,003, a budget amendment in the amount of
$25,685 is required to appropriate the remaining balance of the transfer.
Ike Recovery
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$1,659,003
$25,685
$1,684,688
General Fund
Original Budget
Proposed Amendment
Amended Budget
Total Expenditures
$126,717,700
$1,913,000
$128,630,700
Minutes — July 9, 2019
Capital Reserve
Fund
Original Budget
Proposed Amendment
Amended Budget
Total Revenues
$2,775,300
$3,597,688
$6,372,988
Total Expenditures
1 $5,548,400
$1,913,000
$7,461,400
Approval of the ordinance.
Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING THE
FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2019 TO APPROPRIATE
ADDITIONAL EXPENDITURES IN THE IKE RECOVERY, GENERAL AND CAPITAL RESERVE FUNDS; TO
APPROPRIATE ADDITIONAL REVENUES IN THE CAPITAL RESERVE FUND; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE; COUNCILMEMBERS NEILD, GETZ,
FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
Ordinance 19-045
2. Consider approving a resolution authorizing the City Manager to award a contract to ALLCO,
LLC, for the 11th Street Resurfacing Project (IH -10 to Delaware Street).
On September 11, 2018, by Resolution No. 18-220, City Council authorized the City
Manager to execute an Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) for the 11th Street Resurfacing Project. 11th Street is a highly
traveled five (5) lane roadway that requires concrete repair and asphalt resurfacing.
On June 20, 201-9, two (2) bids were received for furnishing all labor, materials, and
equipment for the project. The bid totals are indicated in the table below:
Contractor
Location
Base Bid Amount
Oldcastle Materials Texas, Inc., dba Gulf Coast a CRH
Company
Beaumont, TX,
$1,552,066.30
ALLCO, LLC
Beaumont, TX
$1,416,203.00
Engineer's Estimate
$1,280,000.00
The Public Works Engineering Staff recommends this project be awarded to the lowest
bidder, ALLCO, LLC, in the amount of $1,416,203.00. A total of 130 working days are
allocated for completion of the project.
Funds will come from the Department of Transportation Federal Highway Administration in
the amount of $1,001,475.00 with the remaining $414,728.00 from the Capital Program.
Approval of the resolution.
Minutes — July 9, 2019
Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY
APPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF
$1,416,203.001 FOR THE 11TH STREET RESURFACING PROJECT (I1-1-10 TO DELAWARE STREET) AND
THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO,
LLC, OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ,
FELDSCHAU AND SAMUEL
NAYS: NONE
MOTION PASSED
Resolution 19-143
3. Consider approving a resolution adopting revised Requirements for Speakers and Others in
Meetings of the Beaumont City Council and Commission Meetings.
In a Workshop conducted on June 24, 2019, the Council discussed revisions to the
Guidelines for Speakers and Others in Meetings of the Beaumont City Council and
Commission Meetings. The revised requirements are for Council consideration. These
revised requirements may be amended in any way the. Council desires prior to their adoption.
Approval of resolution.
Mayor Pro Tem Pate moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF
BEAUMONT HEREBY ADOPTS THE REQUIREMENTS FOR SPEAKERS AND OTHERS IN MEETINGS OF
BEAUMONT CITY COUNCIL AND COMMISSION MEETINGS WITH AN AMENDMENT TO ITEM ##5 (A PERSON
WHO HAS BEEN ESCORTED FROM THREE (3) COUNCIL MEETINGS FOR RULES VIOLATIONS SHALL LOSE
THE PRIVILEGE OF SPEAKING AT FUTURE CITY COUNCIL MEETINGS FOR A PERIOD OF 90 DAYS.
Councilmember Feldschau seconded the motion.
AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS GETZ, FELDSCHAU
l AND SAMUEL
NAYS: NEILD
MOTION PASSED
Resolution 19-144
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)
Minutes — July 9, 2019
Stephen Watson 6015 Townhouse Ln. Beaumont TX
Updated Council on Crime Stoppers, thanked Council for their support through the
Beaumont Police Department, stated that the Crime Stoppers program is working, it's
expanding by leaps and bounds, wanted Council know that they are also focusing on
preventing crimes, Crime Stoppers has a new Executive Director and a new office that's
located in the Foundation of Southeast Texas building, they also have a new mobile display
that is being taken around to various events,, at these events Crime Stoppers is speaking to
citizens about things they can do to better secure their homes
Jude Paredez 10620 Gage Rd. Beaumont TX
Stated that he wanted to clarify certain matters related to the rights of the citizens of
Beaumont, the citizen's rights are endowed to them by their creator, the Government doesn't
have authority to remove those rights, at times governments may fail to secure their rights, at
this time the Government is committing a crime, one of the citizens rights is to alter or abolish
such a Government that has become a criminal enterprise, stated that if anyone is interested
in joining the Civilian Review Board they may do so by calling 409-651-0623
David Pete 6355 Chinn Ln. Beaumont TX
Commented on Council amending the Requirements for Speakers in Council meetings,
stated that it seems odd to him that Council would only change one word in item #4, where it
speaks about the City Council Chambers and the Councils actions, the only word added was
shall, stated he finds it odd because Council addresses the citizens on what they should and
should not do, stated that it's an unfair practice, it's not conducive to the community, it
doesn't do anything to bring the community together, it continues to divide, doesn't
understand why Council doesn't see that, also commented on the L.L. Melton as to what is
going on with the facility, the issue has never been put on the agenda to be discussed openly
and feels that it should
Councilmembers/City Manager/City Attorney comments on various matters
COUNCILMEMBER COMMENTS
COUNCILMEMBER NEILD - THANKED THE CITY STAFF ON A JOB WELL DONE FOR THE 47"
OF JULY CELEBRATION, WOULD LIKE TO ENCOURAGE THE
COUNCIL TO CONSIDER THE IDEA OF UPDATING THE CITY
CHARTER, STATED THAT HE HAS STUDIED AND READ THE
CHARTER IN DETAIL AND SEES A NEED FOR THE UPDATE IN THE
NEXT COUPLE OF YEARS
COUNCILMEMBER GETZ - THANKED CITY STAFF ON A JOB WELL DONE FOR THE 4T" OF
JULY CELEBRATION, ALSO AGREED WITH COUNCILMEMBER
NEILD REGARDING A CHARTER UPDATE, IT HAS BEEN SOME
TIME SINCE AN UPDATE HAS BEEN DONE, EXPRESSED HIS
PERSONAL APPRECIATION TO THE CITY MANAGER AND HIS
STAFF FOR LISTENING TO THE CONCERNS OF THE CITIZENS OFF
OF MAJOR DRIVE REGARDING THE CONSIDERATION OF A
TRAFFIC LIGHT
Minutes — July 9, 2019
COUNCILMEMBER FELDSCHAU - NONE
MAYOR PRO TEM PATE - CONGRATULATED CITY STAFF ON THE AWESOME JOB THEY DID
FOR THE 4TH OF JULY CELEBRATION, ALSO COMPLIMENTED THE
FOLKS AT 1929 CALDER PLACE WHO HAD THEIR 4TH OF JULY
PARADE, IT WAS GREAT TO SEE THE PEOPLE TURN OUT FOR
THE PARADE
COUNCILMEMBER SAMUEL - NONE
COUNCILMEMBER MOUTON - ABSENT
CITY ATTORNEY COOPER - THANKED THE MAYOR FOR ACKNOWLEDGING HIS
RECOGNITION WITH THE UNIVERSITY OF HOUSTON ALUMNI
ASSOCIATION, STATED THAT IT WAS VERY EXCITING TO BE
HONORED BY HIS UNIVERSITY, IT WAS HUMBLING TO HIM AND
HE WILL CONTINUE TO DO WHAT HE'S BEEN DOING
CITY MANAGER HAYES - NONE
MAYOR AMES - COMMENTED ON THE 4TH OF JULY CELEBRATION AND THE
GREAT JOB THAT WAS DONE BY STAFF, ALSO COMMENTED ON
THE SYMPHONY OF SOUTHEAST TEXAS THAT PLAYED OUTSIDE
FOR THE FIRST TIME, THERE WERE NO INCIDENTS TO SPEAK OF,
STATED THAT IF ANYONE MISSED IT TO PLEASE JOIN IN NEXT
YEAR,,MENTIONED THE CALDER PLACE PARADE ON 4TH OF
JULY MORNING, IT WAS WELL ATTENDED
Open session of meeting recessed at 2:14 p.m.
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887
* 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:
A portion, of the parking lot north of 701 Main Street (Civic Center)
re being no agtion taken in Executive Session, Council adjourned.
F -
Tina Broussard, City Clerk
Minutes —July 9, 2019