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HomeMy WebLinkAbout03/03/2020 MINr_ BEAUMONT 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 Neild, Ward I CITY COUNCIL MEETING Michael D. Getz, Ward II Audwin Samuel, Ward III MARCH 3, 2020 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 March 3, 2020, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: �0' ► ► r ' 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 Jon Stouffer with First United Methodist Church gave the invocation. Mayor Ames 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 Neild, Getz, Feldschau, Samuel and Mouton. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Mayor Ames read the announcement regarding Executive Session., Closed Session or Public Hearing being held at the conclusion of item #2 of the General Business portion of the meeting. Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda None CONSENT AGENDA Approval of minutes — February 25, 2020 l Confirmation of committee appointments - Resolution 20-043 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.) Minutes — March 3, 2020 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 — Resolution 20-044 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 20-045 Councilmember Mouton moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, GETZ, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE MOTION PASSED GENERAL BUSINESS Consider amending the FY 2020 Capital Program to add a project titled "New Raw Water Pump Station" under Water and Sewer Projects. 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 $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. Approval of amending the FY 2020 Capital Program. Councilmember Neild moved to APPROVE A RESOLUTION AMENDING THE FY 2020 CAPITAL PROGRAM TO ADD A PROJECT TITLED "NEW RAW WATER PUMP STATION" UNDER WATERAND SEWER PROJECTS. Councilmember Mouton seconded the motion. AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, FELDSCHAU, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 20-046 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. Minutes — March 3. 2020 A new 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. Funds will come. from 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. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION 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. Councilmember Samuel seconded the motion. - AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, FELDSCHAU, SAMUEL AND MOUTON NAYS: COUNCILMEMBER GETZ MOTION PASSED Resolution 20-047 Minutes — March 3, 2020 EXECUTIVE SESSION — PUBLIC HEARING (Councilmember Getz requested a Public Hearing instead of a; closed door 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 (Comments were made by the City Manager, Councilmembers.and City Attorney) 3. Consider a resolution by the City Council, of the City of Beaumont, Texas, censuring Councilmember Michael D. Getz. 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. Councilmember Samuel moved to APPROVE A RESOLUTION BY THE CITY COUNCIL, OF THE CITY OF BEAUMONT TEXAS, CENSURING COUNCILMEMBER MICHAEL D. GETZ. Councilmember Mouton seconded the motion. ( ) AYES: MAYOR AMES, MAYOR PRO TEM PATE, COUNCILMEMBERS NEILD, FELDSCHAU, SAMUEL AND MOUTON NAYS: NONE ABSTAINED: COUNCILMEMBER GETZ MOTION PASSED Resolution 20-048 COMMENTS * Public Comments _(Persons are limited to three minutes) Mike Cacioppo 710 Monterrey Dr. Beaumont TX Read statement on behalf of Councilmember Mike.Getz, stated that since October, 2019, he has seen an effort to silence Councilmember Getz, doesn't. approve of the agenda, appreciates that Councilmember Getz ask questions regarding items on the agenda, notices that the Council doesn't appreciate dissent, this isn't the democratic way, doesn't condone any of the comments that were made by Councilmember Getz but wished that .Council wouldn't have censured him Minutes — March 3, 2020 Mary Williams 9380 Riggs St. Beaumont TX �i Stated that she has proudly served in the United States Army and in the military they have a code of conduct and ethics to uphold, anyone who would have said the things Councilmember Getz said would have immediately been dishonorably discharged without benefits, was in favor of the Council censuring Councilmember. Getz, apologized to City Attorney Cooper for herself, hates that he has to deal with the type of harassment he has dealt with on a continuous basis with nothing being done Chiquita Tebo 490 Enfield, Ln. Beaumont TX Stated to Council that the voters put them in their seats, no seat is safe, elections are coming and people are looking, the petty things need to stop, there are people with sewer backing up in their homes and brown water, Council is wasting time and citizens don't appreciate it, Councilmember Getz did what he did and he needs to move on, he has done great things in Ward II, asked that Council get back to city business John H. Williams 1265 Stacewood Beaumont TX Stated that he has a problem with everyone talking about foul language, everyone turns on the television and there's a lot worse than that and yet nothing is ever said about it, he's not defending Councilmember Getz about what he said,, if he said it then it's true but there's no other Councilmember that supports Beaumont like Councilmember Getz Paul R. Brown 4370 Cartwright St. Beaumont TX Thanked Council for doing a great job of keeping Beaumont moving, there's never room for racism and injustice, also made mention of the football stadium where Councilmember'Getz had Dr: Thomas' name removed, stated that he's working on getting the stadium name back Bailey Wingate 13312 Griffith Rd. Beaumont TX Thanked Council for all that they do, spoke on behalf of Councilmember Getz, thinks that he's done a lot, of great things for the city, doesn't condone the language that he used however, wanted to make sure that both sides of the story are told, not sure if he has 100% of the facts but wants to make sure the narrative is told, doesn't know everything that occurred between .City Attorney Cooper and Councilmember Getz, has been told that Mr. Hayes has admitted that there was an instigation by Mr. Cooper that started the incident, he's. not condoning Councilmember Getz profanity but it's his understanding that City Attorney Cooper then fired back with his own profanity, if that's the case he thinks that needs to be taken into consideration as well, maybe Councilmember Getz comments were out of bounds about retirement or whatever, the City Council has the right to release a city employee as long as it's not on a discriminatory matter, would like the general public to know all the facts as to what happened Robert Calvert 2020 Shady Ln Beaumont TX Stated that he was present to support the 6 Councilmembers that had to make a difficult decision regarding Councilmember Getz, stated to Councilmember Getz that he's known him for five years and has worked with him on a number of different things, until today he hasn't heard Councilmember Getz say that he's sorry, informed Councilmember Getz that his Minutes — March 3, 2020 position in the city isn't just to Ward 11 but a reflection of the entire city, for that he has gravely done a disservice to the city, stated that on today he has started a web page that says "Recall Mike Getz", there's an election coming up and it has been expressed by others within his own Ward that he has disappointed them, Councilmember Getz needs to apologize to the city and specifically to City Attorney Cooper as well as staff members that heard what was going on that day Vernon Durden 2110 Westbury Rd. . Beaumont TX The vote_ has been taken, it's obvious that Council has stood strong and firm on an action that is unapproved and unacceptable, stated that he's known City Attorney Cooper for a good part of his life and has never heard him speak any profanity, has never seen him out of control, nor be vindictive, he's been a model citizen, a great attorney and 'a great representation for Beaumont, Texas, to be told to retire is being disingenuous and unfair, apologized to Mr. Cooper from the city and the community for what he's gone through and to stay on with the city for as long as he wants to Kenny Vaughn 3955 N. Major Dr. Beaumont TX Stated that he supported the censure, Council had no other choice, shared how he met Councilmember Getz, commented on an issue that he dealt with the city, apologized to Mr. Cooper and stated that he hopes Councilmember Getz is equally sorry, asked the Council to please come together to find a solution �l Landry Rountree 1565 S. Major Dr. Beaumont TX Stated that the Governing body has spoken and that this type of behavior will not be tolerated, spoke regarding his personal experience with the City of Beaumont regarding his business, found that the city would take his livelihood away from him for two years but let dozens of other companies operate under the same violations, saw what happened to Mr. Vaughn, hopes this habit doesn't continue, made comments on something that he was told and wanted to make the Council aware regarding comments made by the Mayor involving Councilmember Neild, stated that he was told this and doesn't know if it's true, if this is true it's his hope that the Council would investigate Mayor Ames and her actions James Eller 2332 Evalon St. Beaumont TX Read a statement, "We the people of Beaumont are tired of being silenced, we have been silenced for too long, we keep getting the run around from city officials that misrepresent the truth about the City of Beaumont", stated that Council can find the words spoken at Beaumont Texas Information Station on Facebook, there are statements from disgruntled citizens that keep telling and begging Council to do something about sewer overflowing into their neighborhoods, stated that Council doesn't work together, citizens sit in the meeting and watch the disgust on each of their faces, Council needs to get it together, the infrastructure in this city sucks, TCEQ is getting ready to come down on the city, tired of Council misrepresenting the money, made mentioned of the James Mathews case James Fennell, Jr. 6960 Killarney Dr. Beaumont TX Expressed support to each of Council but especially to Ward II Councilmember Mike Getz, stated that he has read the story about a private conversation between Councilmember Getz Minutes — March 3, 2020 and City Attorney Tyrone Cooper, stated that anytime you have two or more people together you have politics, stated that Councilmember Getz doesn't typically mince his words or walk on eggshells when speaking out about an issue, he's direct and often blunt, he's honest and hasa deep compassion for everyone in his circle of family and friends Cheryl Wisenbaker 1555 Belvedere Dr. Beaumont TX Expressed appreciation for the work that each and every Councilmember does for the city especially after attending the meeting on today, doesn't know the details of what transpired between Councilmember Getz and City Attorney Cooper and honestly feels that it's of little importance, doesn't condone the language that she saw on today, itwas uncomfortable and it saddens her that a servant of their community was driven to such anger, stated that she has known Councilmember Getz for twenty years, hasn't always agreed with him but as far as his character is concerned, has known him to be a strong public servant, a family man with strong work ethics and passion for the city, which is a big attraction with a lot of his supporters, stated that forgiveness is the quickest way to diffuse a tense situation John McKinney Sr. 2131 Albany St. Beaumont TX Applauded Council on the work they have done to make Beaumont a better place, stated that once the gun has been fired and the bullet has killed the man, the man is dead and an apology is not acceptable because that man becomes a murderer, heard someone comment earlier quoting the scripture that says he that is without.sin cast the first stone, the Bible also said that the law is for the lawless, so the murderer must be put behind bars in order for the community to be safer, also made comments about Black History month Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER MOUTON - STATED THAT IT'S SUPER TUESDAY, ENCOURAGED EVERYONE TO GO OUT AND EXERCISE THEIR RIGHT TO VOTE, POLLS CLOSE AT 7:00 P.M., CONGRATULATED THE 2020 PIONEERING WOMEN HONOREES, STATED THAT THERE HAS BEEN A LOT SAID, A LOT THAT PEOPLE DON'T WANT TO UNDERSTAND AND THERE'S A LOT THAT THE COUNCIL HAS BEEN THROUGH, STATED SHE COULDN'T SLEEP LAST NIGHT KNOWING THAT THEY HAD TO DEAL WITH THIS TODAY, NO ONE HAS FABRICATED ANYTHING ABOUT WHAT HAPPENED, NO ONE PROFESSES TO BE PERFECT ON COUNCIL, EVERYONE DOES GOOD THINGS AND EVERYONE DOES BAD THINGS, THERE IS NO PERFECT PERSON, IT HAS ALSO BEEN STATED THAT MR. COOPER STARTED THE INCIDENT AND THAT IS THE FARTHEST. FROM THE TRUTH COUNCILMEMBER SAMUEL - ALL LEADERSHIP IS ORDAINED BY GOD, TODAY IS AN OPPORTUNITY TO TAKE THE LEAVES AND TRY TO MAKE LEMONADE, WHAT'S DONE IS OVER, ASKED THAT EVERYONE MOVE ON TO THE NEXT CHAPTER Minutes — March 3, 2020 MAYOR PRO TEM PATE - ASKED THAT EVERYONE PRAY FOR COUNCIL, THEYARE DOING THE BEST THEY CAN AND MOVE FORWARD, CONGRATULATED POLICE CHIEF JAMES SINGLETARY WHO RECEIVED THE OUTSTANDING ALUMNI AWARD FROM LAMAR UNIVERSITY, THAT'S A POSITIVE REFLECTION ON THE CITY AND THAT'S WHAT WE ALL NEED TO FOCUS ON, IT'S, ALSO WOMEN'S HISTORY MONTH, ASKED THAT EVERYONE MOVE FORWARD FROM TODAY AND RECOGNIZE THAT THEY CAN DO BETTER COUNCILMEMBER FELDSCHAU - IT HAS BEEN STATED ON TODAY THAT CITIZENS WOULD PREFER THAT COUNCIL SPEND THEIR TIME FOCUSING ON THE ISSUES SUCH AS SEWER, PUBLIC WORKS ETC., THERE ARE SEWER PROBLEMS, STAFF HAS ADDRESSED FIFTY PERCENT OF THOSE PROBLEMS AND WORKING ON THE OTHER FIFTY PERCENT,' COUNCIL IS WORKING EVERY DAY TO MAKE BEAUMONT A BETTER PLACE, STATED THAT THE SITUATION THAT WAS DEALT WITH ON TODAY WAS BROUGHT UPON THE COUNCIL AND THEY HAD TO TAKE ACTION, EVERYONE HAS TO REMEMBER THAT THIS SITUATION HAPPENED IN THE WORKPLACE AND COUNCIL HAD NO CHOICE BUT TO MAKE IT VERY CLEAR THEY DON'T CONDONE THIS TYPE OF BEHAVIOR, SO MANY CITIZENS TAKE A POSITION BASED ON WHAT THEY READ ON SOCIAL MEDIA, STATED THAT HE DOESN'T GO ON SOCIAL MEDIA AND ATTACK MIKE GETZ, WE DON'T DO THAT, DOESN'T THINK ANYONE -ON THIS COUNCIL IS FREQUENT ON FACEBOOK OTHER THAN MIKE, HE AND MIKE HAVE HAD A CONVERSATION ABOUT THIS, SOME OF THE STUFF ON FACEBOOK IS THE PARTIAL TRUTH AND SOME IS .RIGHT OUT WRONG, ASKED IF ANY CITIZEN HAS A PROBLEM OR WANTS TO KNOW SOMETHING ENCOURAGED THEM TO COME AND SPEAK WITH COUNCIL COUNCILMEMBER GETZ - STATED THERE WERE THREE THINGS THAT HE WANTED TO ADDRESS, FIRST: THE "HOGTYING" COMMENT HAD NOTHING TO DO WITH THE REMOVAL OF A MELODY CHAPPELL SIGN, IT WAS REGARDING THE AT&T BUILDING, SECOND: HE WAS NOT EAVESDROPPING OUTSIDE THE MAYOR'S DOOR, THIRD: THERE ARE TWO SIDES TO THIS STORY AND HE HAS CHOSEN TODAY NOT TO GET INTO WHAT PRECIPITATED HIS REMARKS; .HAS INDICATED HIS REGRETS FOR THOSE REMARKS, THEY DID NOT HAPPEN IN A VACUUM, WHEN HIS ETHICS ARE CHALLENGED HE WILL DEFEND HIMSELF COUNCILMEMBER NEILD - STATED THAT THERE ARE A COUPLE OF PROPERTIES THAT HE WOULD LIKE THE CITY TO LOOK INTO, 1620 W. LUCAS AND 1280 W. LUCAS, BOTH PROPERTIES ARE RUNNING WRECKER SERVICES, ALSO 3035 W. LUCAS, A CONSTRUCTION COMPANY IS BEING RUN OUT OF THIS PROPERTY, COMMENTED ON A CONCERN ABOUT ORDINANCES AND HOW THEY, CAN BETTER HELP CLEAN UP THE COMMUNITY, HAS A CONCERN THAT THERE'S NOT ENOUGH BITE IN SOME THE FINES AND RESTRICTIONS THAT ARE BEING PUT ON SOME OF THE Minutes — March 3, 2020 ABSTENTION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, -N i C -had G E+7-. , as a member of the IJ�.�i lf�%1 � (City C�cilL Commission, or Board) make this affidavit and hereby on oath state the following: 1, and/or a person or persons related to me, have a substantial 'nterest in a business entity that would be peculiarly affected by a vote or decision of the Bea u rn o ri. fCity_ C�ouncll, Commission, or Board) as those terms are defined in V.T.C.A., Local Government Code, § 171.002. The business entity is: T�e 1'Yl 3 l7 Vi Q Aq qjq d oL. c2 O (Name) (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 further participation on this matter whatsoever. Signed this the ��d day of C'A , 200 Signature of OffLciaf Title BEFORE ME, the undersigned authority, on this day personally appeared Mic ei 're�m and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me s the rd of a. f , 20o b. o hi A,- tim'j. hA M"Afih TINA GAIL BROUSSARD o ary Public in and for the Sbie of Texas n�Notary Public, State of Texas PE Comm. Expires 01-12-2023 �i„0;,,.� Notary ID 11435119