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HomeMy WebLinkAbout03/08/2022 MINBE.A. UMONIT MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I , CITY COUNCIL MEETING Michael Getz, Ward If Audwin Samuel, Mayor Pro Tern MARCH 8, 2022 Chris Durio, Ward IV Tina Broussard, City Clerk Kyle Hayes, City Manager Sharae Reed, City Attorney 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 March 8, 2022, 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 * Proclamations, Presentation and Recognition ilk Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-3 Mayor Mouton called the council meeting to order at 1:30 p.m. Rabbi Chava Koster with Temple Emanuel gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio,,Getz, Turner and Neild. Absent: Councilmember Feldschau. Also, present were Kyle Hayes, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-3 None CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 1, 2022, City Council Meeting Minutes B. Approve the appointment of Kevin Chase Eng man as Assistant City Attorney III and setting his starting compensation - Resolution 22-073 C. Authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 for the proposed McLean Street Project - Resolution 22-074 Minutes — March 8, 2022 D. Authorize the Beaumont Convention and Visitors Bureau to apply for grant funds from the Jefferson County Tourism Commission for partial funding to construct a walking trail from the Tyrrell Park Nature & Visitor Center to the Cattail Marsh Wetlands - Resolution 22-075 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider amending the Collective Bargaining Agreement with Beaumont Firefighters' Local 399 related to pension contributions. On January 11, 2022, City Council held a special meeting to discuss the funding status of the pension plan for the Beaumont firefighters. A firm named GRS performed an actuarial study of the plan and determined that the current plan design was not sufficient to fully fun6the plan within 30 years as required by State statute. GRS noted that changes in mortality tables and actual investment earnings less than the assumed rate of returns have contributed to the need of a plan design modification. Currently, the city contributes 16.5% of each employee's salary to the plan while the employees contribute 17.25%. The current CBA calls for the following City and employee contribution increases: City will increase contributions to 17.25% beginning October 1, 2022 City will increase contributions to 18% beginning October 1, 2023 . Employees will increase contributions to 18% beginning October 1, 2022 To fund the plan within 30 years, GRS recommends the following changes: - Increase City contributions to 18.25% beginning October 1, 2022 - Increase City contributions to 20% beginning October 1, 2023 - Increase retirement eligibility age from age 50 to age 55 for all new employees hired after January 1, 2022 - Lower the retirement benefit accrual percentage from 63.15% to 60% for all new employees hired after January 1, 2022 The firefighters held elections between February 21-23, 2022, to vote on the retirement eligibility age and the retirement benefit accrual percentage as required by their plan and it passed by a vote of 147 for the changes and 17 against the changes. The changes to the plan are contingent on Council approving the contribution rate for the city as detailed above. The estimated additional cost for the City in FY 2023 and FY 2024 will be $250,000 and $440,000, respectively. Funds will come from the General Fund. Approval of the resolution. Minutes — March 8, 2022 Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO ARTICLE XV PENSION OF THE COLLECTIVE BARGAINING AGREEMENT WITH THE BEAUMONT PROFESSIONAL FIREFIGHTERS' LOCAL 399. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS, GETZ, TURNER AND NEILD NAYS: NONE ABSTAIN: COUNCILMEMBER DURIO MOTION PASSED Resolution 22-076 2. Consider authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project. The Wastewater Treatment Plant Sludge Drying Beds Rehabilitation Project consists of work pertaining to repairing and rehabilitating the existing concrete walls for four sludge drying beds and other related appurtenances. On February 3, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $764,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Brystar Contracting, Inc. Beaumont, TX $795,600.00 Elite Contractors & Equipment Kirb ville, TX $941,680.00 ALLCO, LLC Beaumont, TX $1,184,838.00 BDS Constructors dba MK Constructors I Vidor, TX $1,186,740.00 Based on a review of the bid and required documents received, the Water Utilities Department agrees with Schaumburg & Polk, Inc., and recommends awarding the project to the. lowest bidder, Brystar Contracting, Inc., in the amount of $795,600.00. A total of 120 calendar days are allocated for completion of the project. , Funds will come from the Capital Program. Approval of the resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE AMOUNT OF $795,600.00, FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS' REHABILITATION PROJECT; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT FOR BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND NEILD Minutes — March 8, 2022 NAYS: NONE MOTION PASSED Resolution 22-077 3. Consider approving a three-year contract with WorkQuest for litter removal along City rights of -ways and other specified areas throughout the City. WorkQuest (formerly Texas Industries for the Blind and Handicapped {TIBH}) utilizes private not -for -profit Community Rehabilitation Programs (CRP) under the Texas State Use Program, Works Wonders, which exempts political subdivisions from competitive bidding requirements. For this agreement, Beaumont Products and Services (BPS) located in, Beaumont, will be providing the services to the city on behalf of WorkQuest. BPS has been providing grounds maintenance and litter removal services to the City for the past twenty-five (25) years. This agreement renewal allows for the removal of trash along City rights -of -ways and other areas as determined necessary by the Code Enforcement Division. The agreement requires a four -man crew with one supervisor to work eight hours per day, five days per week, weather permitting. Under the current agreement, the cost to the city is $17.20 per hour per person. The new proposed cost of $19.50 per hour provides for an estimated 13% increase with.an estimated annual cost of $183,709.11. There is no increase in price allowed for the term of the contract. Price per hour covers all material, labor, and equipment for BPS to provide this service to the city. Funds will come from the General Fund. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A THREE (3) YEAR AGREEMENT WITH WORKQUEST FOR THE PURPOSE OF GROUNDS MAINTENANCE AND LITTER REMOVAL SERVICES IN THE CITY RIGHTS -OF -WAY AND OTHER SPECIFIED AREAS THROUGHOUT THE CITY IN THE ESTIMATED ANNUAL AMOUNT OF $183,709.11, BEAUMONT PRODUCTS AND SERVICES (BPS), OF BEAUMONT, TEXAS, WILL BE PROVIDING THE SERVICES TO THE CITY ON BEHALF OF WORKQUEST; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AGREEMENT WITH WORKQUEST. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER AND NEILD NAYS: NONE MOTION PASSED Resolution 22-078 DISCUSSION ITEM Discuss plans for the City's 2022 Juneteenth Celebration — Item Tabled Minutes — March 8, 2022 COMMENTS Public Comments (Persons are limited to three minutes) Christopher Matthews 3875 N. Major Dr. Beaumont TX Commented on International Women's Day, celebrating the Mayor and the City Attorney who's making history in their positions, also commented on the discussion item that was pulled on the Juneteenth Celebration, stated that here in Beaumont historically Juneteenth has been celebrated in Tyrrell Park, thinks that Juneteenth is a holiday that should be celebrated for everyone and not exclusively a black holiday, his idea, if possible would be to celebrate Juneteenth at Tyrrell Park and the Event Centre, history states that there were a lot of Caucasians that lost their lives for the rights of .blacks to be free and should be able to celebrate the holiday as well, thinks it would bring about the racial reconciliation in Beaumont that everyone has been trying to accomplish Elaine Henderson 6260 Regina Ln. Beaumont TX Stated that all of the underpasses look gorgeous as the homeless are no longer allowed to be there, asked where did they go? the homeless are throughout our city, they aren't just in the West, East, North and South parts of the city they are everywhere, they are on people's property, on private property, behind and around businesses etc., made comments regarding her son who has a business and had an encounter with a homeless person entering his business where there were children, knows that the Homeless Coalition is working on this issue, stated that city needs to educated citizens on what to do, how to handle the homeless, and what their rights are as citizens, thinks a public service announcement of some sort needs to be done Lela Rideau Cormier 5770 Calder Ave. Beaumont TX Stated that she sent in a variance application for her residence at 5770 Calder Ave., it was sent to her Councilmember of Ward II and the Engineering Department, she's in need of access to the back of the property from Phelan Blvd., Phelan is considered a collector street, so it should not have access to the street from a residence, stated she has traveled Phelan and there is a residence on Phelan that has access to a residential home regularly, which means that everyday they can pull in and out of there driveway, she's only asking for access for their RV which won't be used all the time, hasn't been able to get any information or hear from anyone regarding a yes or no on this matter, it. has been over a month, asked that this variance be brought before the city, doesn't want to jump a curb which is what she's been told, just wants access to the rear of her property Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO - NONE COUNCILMEMBER GETZ - CONGRATULATED THE CVB FOR THE COLLABORATION WITH POUR09 FOR THE MURAL FEST THAT TOOK PLACE THIS PAST WEEKEND, STATED TO CITIZENS IF THEY ARE OUT AND ABOUT DOWNTOWN THEY WILL SEE A LOT OF ART THAT HAS BEEN Minutes — March 8, 2022 CREATED ON SEVERAL WALLS, THEY HAD A LOT OF FOOD TRUCK VENDORS_ AND A PLAY AREA FOR' THE KIDS, IT WAS REALLY NEAT AND THINKS THESE TYPES OF EVENTS ARE NEEDED IN BEAUMONT, ESPECIALLY WHEN YOU'RE DOING A PUBLIC/PRIVATE COLLABORATION, JOB WELL DONE, WELCOMED MR. KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE COUNCILMEMBER TURNER - THANKED CVB FOR A JOB WELL DONE IN THE MURAL FEST, THANKED THE CITY MANAGER AND STAFF FOR GOING AFTER GRANT FUNDING, HE'S AN ADVOCATE FOR THAT, IT'S MUCH APPRECIATED, STATED THAT DURING MARDI GRAS THE COMMUNICATION'S DEPARTMENT, CVB AND THE EVENTS FACILITY CAME TOGETHER AND WORKED ON THE EVENT, HE LOVED SEEING THAT, IT MADE HIS HEART SMILE TO SEE ALL DEPARTMENTS WORKING HAND IN HAND, EVERYONE DID A GREAT JOB, ASKED FOR A STATUS ON THE TRANSIT UPDATE, KNOWS THAT THERE WAS A MEETING THAT WAS TO TAKE PLACE ON TODAY COUNCILMEMBER FELDSCHAU - ABSENT MAYOR PRO TEM SAMUEL - STATED THAT THE MURAL FEST WAS A WONDERFUL EVENT, THANKED ALL OF THE WORK THAT WAS DONE WITH THE DEPARTMENTS ON THE EVENT, THERE WAS A LOT OF PEOPLE THAT SUPPORTED THE ARTS, WELCOMED MR. KEVIN ENGMAN TO THE CITY ATTORNEY'S OFFICE, GLAD TO HAVE HIM ABOARD COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - WELCOMED ASSISTANT CITY ATTORNEY III, KEVIN ENGMAN, HE WILL BE A WELCOMED ADDITION AND EXCITED TO HAVE HIM CITY MANAGER HAYES - NONE MAYOR MOUTON - COMMENTED ON TODAY BEING INTERNATIONAL WOMEN'S DAY, THANKED ALL WOMEN FOR THE WORK THAT THEY DO EVERY DAY, THANKED CVB AND POUR09 FOR THE MURAL FEST; STATED THAT BARBARA LYNN IS PAINTED ON ONE OF THE MURALS FROM HER 1962 ALBUM COVER, THE ARTIST WAS FROM MICHIGAN, BARBARA LYNN WAS THERE TO SIGN HER MURAL, ALSO COMMENTED ON THE LADIES OF MOTOWN WHICH WAS REALLY GREAT, CONGRATULATED BEAUMONT UNITED WHO IS HEADED TO SAN ANTONIO FOR THE PLAYOFFS ON SATURDAY, MARCH 12, 2022, THEY WILL BE PLAYING AT 3:00 P.M., MADE ADDITIONAL COMMENTS REGARDING THE HOMELESS AS WELL AS JUNETEENTH Minutes — March 8, 2022 Wit e being no Exe utive Session, Council �L'L Robi Mouton, ayor Tina Broussard, City Clerk adjourned at 2:17 p.m. Minutes — March 8, 2022 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, C h r i (lY 1-O , as a member of the (City Council Commission, or Board) make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have a substantial -in`t r,est in a business entity that would be peculiarly affected by a vote or decision of the mb City Council, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 1 . 02. ty � l i up, �Q r 4ci nt AT,&e,,,, — F,The business enti Is:� S (Name) L, ,1 of cl— - e rn O n—t6Actendc� (Address) (" I," or name of relative and relationship) have/has a substantial interest in this business entity for the following reasons: (check all of which are applicable.) Ownership of 10 percent or more of the voting stock or shares of the business entity. Ownership of either 10 percent or more or $15,000 or more of the fair market value of the business entity. Funds received from the. business entity exceed 10 percent of (my, her, his) gross income for the previous year. Real property is involved, and (I, -he, she) have an interest which is an equitable or legal ownership with a fair market value of at least $2,500. A relative of mine, within the first or second degree by blood or marriage, has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon filing of this affidavit with the City Clerk, I affirm that I will abstain from voting on any decision involving this business entity and from any l ff unrther participation on this matter whatsoever. Signed this the L& day of Mock I (ock , 20 Signature of Official IJ Aano-A' I m �m6Px 1 afd, Title BEFORE ME, the undersigned authority, on this day personally appeared and on oath stated that the facts hereinabove stated are true to tthv`' h�e^bnest of his/her knowledge or belief. SWORN to and subscribed before me o is the & day of f Cuc , 2 pNj� TINA GAIL BROUSSARD No ary P Ic in and for the S4te of T xas =o, Notary Public, State of Texas Comm. Expires 01 -122023 Notary ID 11435119