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Home My WebLink About06/27/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROY WEST, MAYOR Randy I+eldschau, At -Large Taylor Nelld, Ward I CITY COUNCIL MEETING Michael Getz, Ward ft Audwin Samuel, Ward III June 27, 2023 Chris Durio, Mayor Pro Tern Tina Broussard, City Clerk Kenneth R. Williams, 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 June 27, 2023, 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 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-4 Mayor West called the council meeting to order at 1:30 p.m. Reverend Willie F. Williams, Jr., with Starlight Missionary Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel (arrived at 1:38 p.m.) and Neild. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition Presentation — Service award for 40 years of service for Fire Chief Earl White Public Comment: Persons may speak on the Consent Agenda 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 ,tune 13, 2023, City Council meeting minutes. B. Council consider a resolution approving an annual maintenance agreement from ESO Solutions, Inc., of Dallas, TX for $52,028.23 that is utilized by Central Collections, Fire and EMS — Resolution 23-164 Minutes — June 27, 2023 C. Council consider a resolution approving a contract to supply asphaltic concrete for use by the Public Works Department — Resolution 23-165 D. Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $40,000 through the Department of Homeland Security Grant Program (HSGP) — Resolution 23-166 E. Council consider a resolution authorizing the City Manager or his designee to receive funding in an amount up to $23,400 through the Department of Homeland Security Grant Program (HSGP) -- Resolution 23-167 F. Council consider a resolution rejecting proposals for Phase I Interior Exhibits at Tyrrell Park Nature Center — Resolution 23-168 G. Council consider a resolution authorizing the acceptance of a ten foot (10`) wide Exclusive Water Line Easement— Resolution 23-169 J. Council consider the appointment of Camille Briggs to the Convention and Tourism Advisory Board — Resolution 23-172 K. Council consider the appointment of Brian Nepveaux to the Police Department Community Advisory Committee -- Resolution 23-173 Councilmember Getz moved to approve the Consent Agenda excluding Items H & I. Mayor Pro Tern Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED H. Approval of the purchase and installation of Playground equipment for Charlton Pollard Park and Babe Zaharias Park from Kraftsman Commercial Playgrounds and Water Parks of Spring, TX — Resolution 23-170 Councilmember Getz moved to approve Item H on the Consent Agenda for playground equipment for Charlton Pollard Park and not approve playground equipment at Babe Zaharias Park, he requested the funds be allocated for a shelter at Rogers Park, Councilmember Neild seconded the motion. After further discussion Councilmember Getz amended his motion to approve the playground equipment for Charlton Pollard Park. Councilmember Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — June 27, 2023 Councilmember Getz moved to table approving playground equipment for Babe Zaharias Park for two weeks on Item H on the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE I. Approval of the purchase and installation of Playground equipment for.Combest Park and Central Park from GameTime c/o Cunningham Recreation of Charlotte, NC -- Resolution 23- 171 Councilmember Getz moved to approve Item I on the Consent Agenda approving playground equipment for Central Park. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Councilmember Getz moved to table approving playground equipment for Combest Park for two weeks on Item I on the Consent Agenda. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE REGULAR AGENDA Council to consider a resolution authorizing the City Manager to accept maintenance, and authorize final payment to ToMex Construction, LLC, of Houston, for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. On December 12, 2022, by Resolution No. 22-339, the City Council awarded an emergency contract to ToMex Construction, LLC, of Houston, in the amount of $126,950.00 for the Calder Place from Wheat Drive to Brentwood Drive Emergency Repair Project. Previous Change Order Nos. 1 & 2, in the amount of $63,200.00 are attached for your review. The project has been inspected by the Water Utilities staff and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of maintenance, and final payment in the amount of $63,200.00 is recommended. Funds will come from the Water Utilities Fund. Approval of the Resolution. Minutes — June 27, 2023 Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CONSTRUCTION OF THE CALDER PLACE FROM WHEAT DRIVE TO BRENTWOOD DRIVE EMERGENCY REPAIR PROJECT BE AND THE SAME IS HEREBY ACCEPTED AND THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT of $63,200.00 TO TO-MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember Getz seconded the motion, AYES. MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-174 2. Council to consider a resolution approving the purchase of Zetron Max Fire Station Alerting system by BearCom of Beaumont, TX for $697,700.00. Fire uses Zetron for dispatching and communication for Fire and EMS. The current Zetron equipment is end of life and no longer being supported by the manufacturer. The equipment must be replaced to move our system towards National Fire Protecstion Association (NFPA) 1221 compliance and additional credit on our International Organization for Standardization (ISO) ratings. With the upgraded equipment, Fire Dispatch will have the ability to communicate more efficiently with Fire and Med stations during the dispatch phase and provide improved response times for calls of service. Funds will come from the Capital Reserve fund. Approval of the resolution. Mayor Pro Tern Durio moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO PURCHASE THE ZETRON MAX FIRE STATION ALERTING SYSTEM BY BEARCOM OF BEAUMONT, TEXAS IN THE AMOUNT OF $697,700.00, Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-175 3. Council to consider a resolution authorizing the City Manager to execute Change Order No. for the Art Museum of Southeast Texas Roof replacement project located at 500 Main St. Minutes — June 27, 2023 On May 9, 2023, by Resolution No. 23-128, the City Council awarded Preferred Facilities Group - USA of Beaumont, Texas the contract for the replacement of the roof membrane only on the Art Museum of Southeast Texas in the amount of $291,408,49. This project resulted from hail damage to the roof membrane on April 15, 2023. Change Order No. 1 consists of the removal and disposal of the existing roof membrane and associated insulation board material and the installation of new insulation board and associated taper insulation. the previously awarded contract did not include this scope of work. This change resulted from the recommendation of the insurance adjustor and their roofing consultant due to concern with moisture trapped in the insulation board. This work is reflected in the insurance claim scope of work; therefore, the City will receive funding, less deductible and depreciation in the net Claim Value of $412,826.33. The total cost for the adjustment in the scope of work, as described herein, is $199,860.10, thereby resulting in a total contract amount of $491,268.59. This change will increase the contract time by thirty (30) calendar days. Approval of Change Order No. 1 in the amount of $199,860.10 is recommended. Funds will come from the Capital Reserve and Property Insurance Claim. Approval of the resolution. Councllmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF $199,860.10 FOR ADDITIONAL WORK, THEREBY INCREASING THE TOTAL. CONTRACT AMOUNT TO $491,268.59 FOR THE ART MUSEUM OF SOUTHEAST TEXAS ROOF REPLACEMENT PROJECT LOCATED AT 500 MAIN STREET. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-176 4. Council to consider a resolution authorizing the City Manager to award a contract to Brystar Contracting, Inc., of Beaumont, for the Long Street Emergency Cavity Repair Project. On May 23, 2023, by Resolution No. 23-147, the City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of $80,000.00, for the Long Street Emergency Cavity Repair Project. The authorized work consisted of the initial excavation of the site to stabilize the site and determine the extent of damage to the storm sewer line. On ,June 5, 2023, Brystar submitted an updated time and materials proposal estimated at $563,209.26 to complete the necessary work. This estimate was based on costs incurred to date as well as a review of a preliminary design sketch from the design engineer. The additional work is required to pour a new section of concrete box to replace the collapsed section and place backfill that meets the special loading requirements of the railroad. The City engaged with ReCon Engineering, of Beaumont, to prepare the required construction drawings for the repair of the storm sewer line. If approved, the new contract amount would be $643,209.26. Minutes — June 27, 2023 Funds will come from the Capital Program. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO ACCEPT THE UPDATED TIME AND MATERIALS ESTIMATE FOR WORK BY BRYSTAR CONTRACTING, INC., OF BEAUMONT, TEXAS, IN THE, AMOUNT OF $563,209.26 FOR THE ADDITIONAL WORK, THEREBY INCREASING THE TOTAL CONTRACT AMOUNTTO $643,209.26 FOR THE LONG STREET EMERGENCY CAVITY REPAIR PROJECT. Councilmember Feldschau seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-177 Mayor West read the announcement regarding the Executive Session being held at the conclusion of Public and Councilmember comments. DISUCSSION ITEM (Discussion of the two items can be heard or seen on the City of Beaumont web site at beaumonttexas.gov) Discuss possible changes to the meeting format to increase efficiency of the meeting. x Discuss changing the City Council meeting time. COMMENTS Public Comments (Persons are limited to three minutes) (Public comments can be heard or seen on the City of Beaumont website beaumonttexas.gov) Caleb Green 2508 laurel Beaumont TX Ricky Jason 1075 Magnolia Beaumont TX Michael Mott 2105 Hebert St. Beaumont TX Addle Allen 9695 Gross Beaumont TX Vernon Durden 16436 Westbury Rd. Beaumont TX Jesus Lopez 5980 Fairmeadow Dr. Beaumont TX Councilmembers/City Manager/City Attorney comments on various matters (Councilmember Comments can be heard orseen on the City of Beaumontweb site at beaumonttexas.gov) Minutes — June 27, 2023 �Kell]kiIN10PII4IT, 1.34:ZKi1iv, Iif, 1140ii�� MAYOR PRO TEM DURIO - NONE COUNCILMEMBER GETZ - NONE COUNCILMEMBER TURNER - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER SAMUEL - NONE COUNCILMEMBER NEILD - NONE CITY ATTORNEY REED - NONE CITY MANAGER WILLIAMS - NONE MAYOR WEST - NONE EXECUTIVE SESSION 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: • Downtown Hotel Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government Cade: • The Claim of Vincent Ferti#ta • James Mathews vs. City of Beaumont, Texas, Cause No. A-192.887, 22-0190, 09-23-00197-CV, 09-20-0053-CV, A-192887A Open sessf of meeting re essed at 3:35 p.m. If "— ' - r t Ro� es#, ayor �i Tina Broussard, City Clerk 1.._ . Minutes -- June 27, 2023