HomeMy WebLinkAbout03/03/2020 PACKETBEAUMONT
. TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 3, 2020 1:30 PM
CONSENT AGENDA
Approval of minutes — February 25, 2020
Confirmation of board and commission member appointments
Molly Messina would be appointed to the Library Commission. The term would commence
March 3, 2020 and expire September 30, 2021. (Mayor Pro Tem W.L. Pate, Jr.)
A) Authorize the City Manager to execute a letter of intent with the. South East Texas
Regional Planning Commission (SETRPC) for City participation in the revision of the
Regional and County Mitigation Action Plan
B) Authorize the settlement of the lawsuit styled Carla Tyler and Lawanna Armstrong v.
Rudolph Lassaint, Jr. and City of Beaumont, Texas; Cause No. A-203,777
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Appointment _ Commission Beginning Expiration
of Term of Term
Molly Messina Library 03/03/2020 09/30/2021
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -
'44
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Finance Officer
MEETING DATE: March 3, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute a letter of intent with the South East Texas Regional
Planning Commission (SETRPC) for City participation in the
revision of the Regional and County Mitigation Action Plan.
BACKGROUND
The Federal Emergency Management Agency (FEMA) implemented hazard mitigation planning
regulations as part of the Disaster Mitigation Act of 2000. These provisions provide federal
requirements for mitigation planning and offer a significant opportunity to reduce disaster losses
through mitigation planning and projects at both the State and local government. Compliance
with these regulations has enabled the City to participate in many federally funded mitigation
activities, and is required for the City to receive federal funds for future natural disaster events.
FEMA requires the plan to be updated every five years.
The South East Texas Regional Planning Commission (SETRPC) agreed to sponsor a Pre -
Disaster Mitigation grant application to provide the required 5yr update for the regional plan as
well as the plan for Jefferson County in which the City must participate to be included. The plan
takes about a year to complete due to the required steps and outreach expectations during
development. If the grant is approved, a maximum of $25,000 in local match would be divided
between participating jurisdictions on a per -capita basis. In the past, City official's participation
in planning and meetings has more than covered the required match. The City share of the match
for this process would not exceed $11,500 and is expected to be paid through time City
employees dedicate to the planning process. The Jefferson County Mitigation Action Plan was
adopted by Beaumont in resolution #17-122 on June 20, 2017. The new plan needs to be in place
before August 28, 2022.
FUNDING SOURCE
In-kind.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on June 20, 2017, the City Council of the City of Beaumont, Texas
approved Resolution No. 17-122 adopting the Jefferson County Mitigation Action Plan
as the official plan for the City of Beaumont, Texas; and,
WHEREAS, the Federal Emergency Management Agency (FEMA) requires the
plan to be updated every five (5) years; and,
WHEREAS, the South East Texas Regional Planning Commission (SETRPC) has
agreed to sponsor a Pre -Disaster Mitigation Grant application to provide the required five
(5) year update for the regional plan, as well as the plan for Jefferson County in which
the City must participate to be included; and,
WHEREAS, it is necessary for the City Manager to execute a Letter of Intent with
SETRPC for the City's participation in the revision of the Regional and County Mitigation
Action Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a Letter of
Intent with South East Texas Regional Planning Commission (SETPRC) for the City's
participation in the revision of the Regional and County Mitigation Action Plan,
substantially in the form attached hereto as Exhibit "A."
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -
Date:
The City of Beaumont agrees to coordinate and participate in the South East Texas Regional Planning
Commission's update of the Regional, Hardin County, Jefferson County and Orange County Mitigation Action
Plan. Specific responsibilities that City of Beaumont agrees to actively participate in necessary activities
including, but not limited to:
• attending meetings
• being responsible for reaching out to stakeholders within the jurisdiction
• providing information required for the Mitigation Action Plan update in a timely manner
• attending the Regional Public Meeting and the public meeting for the respective county plan in
which the jurisdiction is included;
• reviewing and revising the plan in a timely manner and other material activities required for the
successful accomplishment of the Mitigation Action Plan updates;
• will continue to actively participate until the end of the project period which is when TDEM and
FEMA have approved all of the plans—the regional and three county plans.
• providing the required pro rata cost share—in the form of eligible in-kind if possible and cash
match not to exceed $11,500.00 in the event that not all of the in-kind is met;
• Understands and agrees to comply with only non-federal grant funded personnel time, benefits,
travel and other costs contributed to this project as being eligible to count toward the in-kind
and/or cash match requirement;
• Only expenses within the grant performance period, once awarded, can be counted toward in-
kind/cash match requirement;
• In the event that any in-kind/cash match contributed to the project is deemed ineligible as a
result of an SETRPC, TDEM or FEMA audit, the jurisdiction agrees to contribute the amount
deemed ineligible to the project;
• City of Beaumont agrees to track and submit all eligible in-kind and/or cash match for the
duration of the performance period to ensure the regional match requirement is met and
additional match documentation is captured in the event that it is needed;
• City of Beaumont agrees to use the SETRPC In -Kind Documentation Forms and submit forms in
the time frame requested—usually quarterly—for the duration of the grant performance
period.
• City of Beaumont further agrees to keep all records of cash or in-kind contributions associated
with this project in compliance with UGMS (Uniform Grant Management System) guidelines and,
as if required for with federal grants, retain all records pertaining to the project for three (3)
years after the official notice of the grant close by SETRPC to participants;
City of Beaumont
Name of Jurisdiction
Signature of Authorized Official
Kyle Hayes
Printed Name of Authorized Official
EXIIIBIT "A"
71
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: March 3, 2020
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Carla Tyler and Lawanna Armstrong v. Rudolph
Lassaint, Jr. and City of Beaumont, Texas; Cause No. A-203,777.
BACKGROUND
The lawsuit styled Carla Tyler and Lawanna Armstrong v. Rudolph Lassaint, Jr. and City of
Beaumont, Texas; Cause No. A-203,777 was presented and discussed in Executive Session held
on August 16, 2019. The City Attorney is requesting authority to settle this suit in the amount of
$23,500.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuit styled Carla Tyler and Lawanna Armstrong v. Rudolph
Lassaint, Jr. and City of Beaumont; Cause No. A-203,777, was discussed in Executive
Session properly called and held Tuesday, August 6, 2019; and,
WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the suit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the matter of
Carla Tyler and Lawanna Armstrong in the lawsuit styled Carla Tyler and Lawanna
Armstrong v. Rudolph Lassaint, Jr. and City of Beaumont; Cause No. A-203,777, for the
sum of Twenty -Three Thousand Five Hundred and XX/100 Dollars ($23,500.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 3, 2020 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the FY 2020 Capital Program to add a project titled "New
Raw Water Pump Station" under Water and Sewer Projects
2. Consider a resolution authorizing the City Manager to execute a Professional
Engineering Services Agreement with Freese and Nichols for a proposed New
Raw Water Pump Station
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney comment on various matters
EXECUTIVE SESSION
* A closed session or public hearing to consider matters related to the duties or
discipline of a public officer in accordance with Section 551.074 of the
Government Code to wit; specifically:
Councilmember Michael D. Getz
3. Consider a resolution by the City Council, of the City of Beaumont, Texas,
censuring Councilmember Michael D. Getz
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
it
March 3, 2020
Consider amending the FY 2020 Capital Program to add a project titled "New Raw Water Pump
Station" under Water and Sewer Projects
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: March 3, 2020
REQUESTED ACTION: Council consider a resolution amending the FY 2020 Capital
Program to add a project titled "New Raw Water Pump Station"
under Water and Sewer Projects.
BACKGROUND
A new 30.MGD (million gallons per day) Pump Station would be constructed near Pine Street
and Collier's Ferry Park. A new pump station is necessary in order to have amore resilient raw
water source from the Neches River. The Lawson Pump Station, as well as the Loeb Pump
Station, failed during Hurricane Harvey due to flooding. This new pump station would be
constructed on higher ground and serve as the City's main pump station for raw water. The
estimated cost of this project (construction; engineering and special services) is $21,000,000.
The City is trying to secure funding and approval from FEMA (Federal Emergency Management
Agency) to pay for most of the project. Water Revenue Bonds will pay for the project if FEMA
funds are not approved and will make up any difference between FEMA funds that may be
provided and the total project cost.
RECOMMENDATION
Approval of amending the FY 2020 Capital Program.
WATER AND SEWER PROJECTS
Design or Construction Phase
Water Projects
Automatic Flushing Devices
New Raw Water Pump Station
Water Line and Fire Hydrant Installation/Replacement
Water Production System - Repairs
Sewer Projects
Assessment of Sewer Collection System - City Wide
Lift Station Repairs
Sewer Rehabilitation - Small Mains (Pipe Renewal)
Spindletop, Forrest, Long, ML King Jr. Parkway, and Verone Street
Lift Station Rehabilitation
Wastewater Treatment Plant Pump Replacement and Renewal
Wastewater Treatment Plant Road Repair
Wastewater Treatment Plant Trickling Filters Rehabilitation
Water/Sewer for Street Proiects
Washington - IH -10 to ML King
Note - All projects would be financed through Water and Sewer Revenue Bonds unless otherwise noted
[1] FEMA funding is pending with a ten percent (10%) match
Recommended
Estimated Time Schedule
Cost FY 2020
150,000
21,000,000 [1]
1,000,000
1,400,000
2,000,000
300,000
5,000,000
1,000,000
1,000,000
600,000
2,000,000
3,700,000
NEW RAW WATER PUMP STATION
A new 30 MGD (million gallons per day) Pump Station would be constructed near Pine Street
and Collier's Ferry Park. A new pump station is necessary, in order to have a more resilient
raw water source from the Neches River. The Lawson Pump Station, as well as the Loeb
Pump Station, failed during Hurricane Harvey due to flooding. This new pump station would
be constructed on higher ground and serve as the City's main pump station for raw water.
The estimated cost of this project (construction; engineering and special services) is
$215000,000. The City is trying to secure funding and approval from FEMA (Federal
Emergency Management Agency) to pay for most of the project. Water Revenue Bonds will
pay for the project if FEMA funds are not approved and will make up any difference between
FEMA funds that may be provided and the total project cost.
REHABILITATION OF WEST ELEVATED STORAGE TANK
This project will rehabilitate the interior and exterior of the West Elevated Storage Tank located just
east of IH -10 at Laurel Avenue. The estimated cost for the project. is $1,100,000.
SEWER REHABILITATION SMALL MAINS (PIPE RENEWAL)
The City of Beaumont owns, operates and maintains 760 miles of sewer lines that range in size
from 6 to 72 inches. Some of these lines were built in the early 1950's and have exceeded their
life expectancy. This project will rehabilitate 60,000 linear feet of sewer pipe per year for a five-
year period. The estimated cost for the project for fiscal year 2020 is $5,000,000.
SPINDLETOP, FORREST, LONG, ML KING JR. PARKWAY AND VERONE STREET LIFT STATION
REHABILITATION
This project will provide for the".rehabilitation of five sewer lift stations. They are the Spindletop,
Forrest, Long, ML King Jr. Parkway, and Verone Street lift stations. The estimated cost for the.
project is $1,000,000.
WALL AND AVENUE C LIFT STATION
This,project will provide for the construction.of a new control building at the Wall and Avenue Clift
station, and installation of all new electrical equipment, new submersible sewage pumps, and
modification to the existing wet well structure. The existing control equipment, located inside the
existing dry pit, will be removed and salvaged. The estimated cost for the project is $1,600,000.
WASTEWATER TREATMENT PLANT TRICKLING FILTERS REHABILITATION
The four trickling filters at the Wastewater Treatment Plant have deteriorated and. need major
rehabilitation. The. project will rehabilitate all the structural elements. The estimated cost for the
project is $2,000,000.
WASTEWATER TREATMENT PLANT - POND NO. 2 REHABILITATION
This project will "remove accumulated solids, _ re -grade pond bottom, and install new aeration
equipment. The estimated cost for the project is $3,800,000.
RESOLUTION NO.
A RESOLUTION AMENDING THE FY 2020 CAPITAL PROGRAM TO ADD
A PROJECT TITLED "NEW RAW WATER PUMP STATION" UNDER
WATER AND SEWER PROJECTS.
WHEREAS, the Lawson Pump Station, as well as the Loeb Pump Station, failed
during Hurricane Harvey due to flooding; and,
WHEREAS, a new pump station is necessary in order to have a more resilient
raw water source from the Neches River; and,
WHEREAS, a new 30 MGD (million gallons per day) pump station would be
constructed near Pine Street and Collier's Ferry Park; and,
WHEREAS, this new pump station would be constructed on higher ground and
serve as the City's main pump station for raw water; and,
WHEREAS, the estimated cost of this project is $21,000,000, with the City trying
to secure funding and approval from FEMA (Federal Emergency Management
Association) to pay for most of the project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the FY 2020 Capital Program is amended to add a project titles "New Raw
Water Pump Station" under Water and Sewer Projects.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -
2
March 3, 2020
Consider a resolution authorizing the City Manager to execute a Professional Engineering
Services Agreement with Freese and Nichols for a proposed New Raw Water Pump Station
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: March 3, 2020
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Professional Engineering Services Agreement with Freese and
Nichols for a proposed New Raw Water Pump Station.,
M: •i 1c _ 11►11,
Anew 30 MGD (million gallons per day) Pump Station is planned to be constructed near Pine
Street and Collier's.Ferry Park. A new pump station is necessary in order to have a more resilient
raw water source from the Neches River. The Lawson Pump Station, as well as the Loeb Pump
Station, failed during Hurricane Harvey due to flooding. This new pump station would be
constructed on higher ground and serve as the City's main pump station for raw water. The
estimated cost of this project (construction; engineering and special services) is $21,000,000.
The City is trying to secure funding and approval from FEMA (Federal Emergency Management
Agency) to pay for most of the project. Water Revenue Bonds will pay for the project, if
approved at a later date by the City Council, if FEMA funds are not approved and will make up
any difference between FEMA funds that may be provided and the total project cost.
Freese and Nichols was founded in 1894 and has been doing work for the City of Beaumont for
decades. The proposed Engineering Services Agreement for the New Raw Water Pump Station is
being negotiated at this time; however, the estimated contract amount for engineering services
and special services is approximately $1,525,000. Special Services include survey services;
geotechnical engineering; environmental permitting, etc. The engineering and special services
will take an estimated 16 months to complete once the agreement is executed.
If the City Council approves, at a later date, a contract to construct a new Raw Water Pump
Station, the City will also need to construct a new transmission line to the Water Plant located on
Pine Street near Interstate 10. The new transmission line, including engineering services; is
projected to cost an estimated $15,000,000. The City is trying to secure CDBG (Community
Development Block Grant) Disaster Recovery Funds for this project in the amount of $9.8
million. The City cannot expend any funds towards engineering or other related costs for this
project before final approval. Therefore, the proposed Engineering Services Agreement above
does not include any services related to the transmission line project.
FUNDING SOURCE
Available cash in the Water and Sewer portion of the Capital Program; Water Revenue Bonds to
be issued in 2020 and FEMA funds if awarded.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Professional
Engineering Services Agreement with Freese and Nichols in the estimated amount of
$1,525,000.00 for engineering services related to a proposed new raw water pump
station.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -
t,
March 3, 2020
Consider a resolution by the City Council, of the City of Beaumont, Texas, censuring
Councilmember Michael D. Getz
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: March 3, 2020
REQUESTED ACTION: Council consider a resolution by the City Council, of the City of
Beaumont, Texas, censuring Councilmember Michael D. Getz.
BACKGROUND
A copy of the resolution is attached. This item was placed on the agenda at the request of
Mayor Becky Ames. As the Chief Elected Official of the City, it is proper to bring these matters
to the attention of the City Council.
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL, OF THE CITY OF BEAUMONT,
TEXAS, CENSURING COUNCILMEMBER MICHAEL D. GETZ.
WHEREAS, the City of Beaumont takes the treatment of its employees very
seriously; and,
WHEREAS, the City of Beaumont expects its elected officials to treat employees
in a professional and courteous manner; and,
WHEREAS, the elected officials of the City of Beaumont must set the example and
tone for demonstrating respect and integrity; and,
WHEREAS, it is the City Council's expectation that councilmembers consistently
behave in a. professional manner; and,
WHEREAS, on February 20, 2020, Councilmember Michael D. Getz made the
following statements to the City Attorney in the office of the City Manager with the door
open:
"You can suck my d --k!"
"F --k you!"
; and,
"You think you are bulletproof, just like Carroll Thomas. Look what happened to
him."
"You need to retire."
"I tried to eliminate your office once before and maybe we need to consider
privatizing again."
WHEREAS, Councilmember Michael D. Getz made the above statements in front
of the City Manager and in such a loud manner that female staff, in the office
approximately 30 feet away from where the incident occurred, heard some of the
disturbing comments of the conversation; and,
WHEREAS, Councilmember Michael D. Getz's statements and actions
demonstrated a lack of judgment and professionalism; and,
WHEREAS, the City Council finds that it is necessary to reinforce that this type of
behavior is not acceptable for an elected official, and should not be tolerated; and,
WHEREAS, the City Council of the City of Beaumont desires to censure
Councilmember Michael D. Getz for his inappropriate actions;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Council of the City of Beaumont, Texas hereby censures
Councilmember Michael D. Getz for the unprofessional conduct and discourteous
treatment directed to the City Attorney and overheard by female City staff.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of
March, 2020.
- Mayor Becky Ames -