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HomeMy WebLinkAbout05/10/2022 MINT E x sa s MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A_J_" Turner Jr_, At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Naild, Ward 1 CITY COUNCIL MEETING Michael Getz, Ward 11 Audwin Samuel, Mayor Pro Tem MAY 10, 2022 Chris Dlurio, Ward IN/ Tina Broussard, City Clerk Chris Boone, Interim 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 May 1 0, 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 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. Pastor E)onnie Flippo with Gospel Center Church gave the invocation. Mayor Mouton led the Pledge of Allegiance_ Roll call was made by Stephanie LeBlanc, E)eputy City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Samuel, Councilmembers curio, Getz, Turner, Feldschau and Neild. Absent: Tina Broussard, City CIerK_ Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Stephanie LeBlanc, deputy City CIerK_ Proclamations, Presentation, Recognitions Presentation — Redistricting presentation by Rezzin Pullum with i3ojorquez Law Firm, PC Mr. Flu llurn explained the process of redistricting, which is the process of drawing or changing electoral ward boundaries. This information is based on data from the U_S_ Census Bureau_ Every 10 years the Census counts each U.S. resident and notes where they live on April 1 _ Redistricting is about math and people. It ensures that each Ward is at the ideal size and that there is compliance with the Voting Rights Act_ "Public Service Recognition Week" — May 9-13, 2022 — Proclamation read by Mayor Mouton; accepted by Chris Catalina, Personnel E>irector, City of Beaumont Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments_ Councilmember Neild asked that, unless the terms and conditions of a contract were to be discussed, that they have the Project Riverfront/555 Main Street discussion in Council Chambers in the public. Councilmember Getz agreed, stating that this involves millions of Minutes — May 10, 2022 taxpayer dollars and that in the interest of transparency that development discussion should be done downstairs as well. Councilmember Neild clarified to Interim City Manager, Chris Boone, that this would be for today and moving forward. City Attorney, Sharae Reed, stated that today's discussion would relate to the terms and conditions of the contract related to 555 Main Street. Mayor Pro Tern Samuel agreed that contractual discussion should be in Executive Session. Councilmember Feldschau asked for direction from counsel. Ms. Reed recommended that contractual matters be discussed in Executive Session. Mayor Mouton stated that contractual matters would be discussed upstairs. 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 April 26, 2022, City Council Meeting Minutes and the April 28, 2022 Special City Council Meeting Minutes. B. Authorize the Chief Financial Officer to execute all documents necessary to accept funding from the Texas Department of State Health Services (DSHS) awarded to the Beaumont Public Health Department for Tuberculosis Prevention and Control — Resolution 22-120 C. Approve a contract for the purchase of miscellaneous filters for use in the Fleet Department. - Resolution 22-121 D. Authorize the Interim City Manager to award a contract to SETEX Construction Corp for the Lawson's Canal Reclamation Plating Project - Resolution 22-122 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, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA Consider authorizing the Interim City Manager to award a contract to Pro Pipe, Inc. of Houston for the 4th Street Storm Sewer Inspection Project. The 4th Street Storm Sewer Inspection Project consists of television video inspection and if required, cleaning and removing any debris found in the storm sewer system in accordance with the plans issued with the contract. The work will be within the City Limits starting at the intersection of 4th Street and North Street to the intersection of 4th Street and HWY 69. Minutes — May 10, 2022 On April 21, 2022, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $415,000.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Pro Pipe, Inc. Houston, TX $219,040.00 SETEX Construction Corp. Beaumont, TX $373,971.00 Structural Preservation Systems Nederland, TX $515,995.17 E uix integrity Southeast, Inc. Houston, TX $601,511.20 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Pro Pipe, Inc., in the amount of $219,040.00. A total of sixty (60) calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. COuncilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF CONTRACT TO PRO PIPE, INC. OF HOUSTON, TEXAS IN THE AMOUNT OF $219,040.00 AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PRO PIPE, INC., OF HOUSTON, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-123 2. Consider authorizing the Interim City Manager to execute Change Order No. 8, accept maintenance, and authorize final payment to ALLCO, LLC, for the Sewer Plant Pump Replacement and Renewal Project. On March 19, 2019, by Resolution 19-063, City Council awarded a contract to ALLCO, LLC, of Beaumont, in the amount of $974,960.00, for the Sewer Plant Pump Replacement and Renewal Project. Previous Change Order Nos. 1-7, in the amount of $164,491.00, are attached for your review. Proposed Change Order No. 8, in the amount of ($48,460.00), is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project. If approved, the adjustment in quantities would result in a final contract amount of $1,090,991.00. Minutes — May 10, 2022 The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 8, maintenance, and final payment in the amount of $54,549.55 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 8, IN THE AMOUNT OF ($48,460.00), IS REQUIRED TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $1,090,991.00; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 8, IN THE AMOUNT OF ($48,460.00), TO ADJUST THE ESTIMATED QUANTITIES IN THE CONTRACT TO REFLECT THE ACTUAL QUANTITIES USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $1,090,991.00; AND THAT THE SEWER PLANT PUMP REPLACEMENT AND RENEWAL PROJECT BE AND THE SAME IS HEREBY ACCEPTED; AND THAT THE CITY MANAGER IS AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $54,549.55 TO ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-124 3. Consider authorizing the purchase of a new Mustang CAT Generator and related appurtenances for the City of Beaumont Prison Water Tanks and Lift Station. The city owns and maintains the Prison Water Tanks and Lift Station facility located near the Jefferson County Correctional Facility. The new permanent generator will replace a temporary generator and provide backup power to the site. Pricing for the generator and related appurtenances was obtained from Mustang CAT of Houston. Mustang CAT is the sole source supplier for the generator to have continuity through the water infrastructure throughout the City. The total cost of purchase if approved, would be $175,354. Funds will come from the Water Utilities Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF A 500 KW DIESEL GENERATOR SET FOR USE BY THE WATER UTILITIES DEPARTMENT AT THE PRISON WATER TANKS AND LIFT STATION FACILITY FROM MUSTANG CAT, OF HOUSTON, TEXAS, A SOLE SOURCE VENDOR, IN THE AMOUNT OF $175,354.00. Councilmember Turner seconded the motion. Minutes — May 10, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-125 COMMENTS Public Comments (Persons are limited to three minutes) Delilah Johnson 4020 Cheryl Street Beaumont TX Spoke to Council about going from a pandemic to an epidemic of our children with guns, her husband had an altercation with a 12 year old who threatened to shoot him with a gun, the Police were called though the child was gone by that time, there is nowhere for our children to go and there's not a lot for children to do with summer approaching, we need to invest in our children who will be our next presidents, City Council members, the next people to take care of the homeless and senior citizens, spoke about Coach Rideau's "What About the Children" program, she is teaching her son that the pen is mightier than the sword so that he knows that he can make better choices, more truancy officers are needed, she has seen a number of children walking around instead of being in school, also spoke about the deteriorated state of Imagination Station Latosha Diggles 9335 Gross Street Beaumont TX Read comments by a judge and lawyer pertaining to her court case, believes that the transcripts she received was an accident and that the judge and lawyer are corrupt Richard Burton, Sr. 310 E Pipkin Street Beaumont TX Concerned about his neighborhood, the speeding has gotten outrageous, stated that there have been wrecks weekly and that there was an incident where a child was run over while riding their scooter, worried about the people and that things will get worse over the summertime Michael Finnell 3255 Cartwright Beaumont TX Spoke regarding racism and the injustices he, his family, and many others have suffered, will bring evidence to the public after August of this year about what he has endured, he is disappointed in the city, the city officials, and commissioners Stephen Hoffman 7045 Blarney Street Beaumont TX Stated that he attended the morning work session and that it was very good, said that it's difficult to know what is being talked about in Executive Session because it seems code names are being used and finds it concerning, stated that the people that are upset about the purchase of the AT&T building are also upset about the water, they are researching recall petitions, we need to be public and let people know what's going on, those that don't ask Minutes — May 10, 2022 questions of Council like he does get bits and pieces and put it together however they want to and feel that Council is conspiring against the public, believes bringing Battleship Texas to Beaumont will increase foot traffic downtown, which will bring more businesses and will help it to prosper * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - NONE COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - ASKED THE INTERIM CITY MANAGER IF HE COULD EMAIL HIM AND WALK HIM THROUGH THE PROCESS OF HOW THE STATUS AND CONDITION OF THE PARKS ARE REVIEWED, WHO IS ACTUALLY REVIEWING THEM AND WHO THEY REPORT TO, ALONG WITH WHAT THE PROCESS IS AFTER THE REPORT IS TURNED IN, FINDS IT UNFORTUNATE TO HAVE HAD THE INCIDENT AT IMAGINATION STATION AND WANTS TO MAKE SURE THAT THE CITY IS DOING ALL PREVENTATIVE MEASURES POSSIBLE TO ELIMINATE ANY LIABILITIES AND NEGLIGENCE COUNCILMEMBER GETZ - STATED THAT FOR THE SECOND WEEKEND IN A ROW THE JEFFERSON THEATRE WAS ALIVE WITH THE SOUND OF ORGAN MUSIC NONSTOP DURING THE SHOWING OF SILENT MOVIES, ASKED THAT THE ORGAN BE PLAYED ON A REGULAR WEEKLY BASIS TO KEEP IT FUNCTIONING AT ITS BEST COUNCILMEMBER DURIO - SUMMER PROGRAMS ARE AVAILABLE TO KIDS ON THE CITY'S WEBSITE AND FACEBOOK PAGE, THERE ARE ALSO SOME SUMMER PROGRAMS AT THE SARAH STREET WELLNESS CENTER AND THE STERLING PRUITT CENTER CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - THANKED EVERYONE FOR COMING, STATED THAT THE PODIUM IS ALWAYS AVAILABLE FOR ANY CITIZEN, WE WILL NOT STOP A CITIZEN FROM SPEAKING UNLESS IT'S FOR MISCONDUCT, EXPLAINED THAT THE CITY AND CITY COUNCIL IS RESPONSIBLE IN THE CITY'S JURISDICTION ONLY, WANTED TO MAKE CITIZENS AWARE THAT DISTRICT COURT IS NOT WITHIN THE CITY'S JURISDICTION, IN ADDITION REGARDING THE COMMENTS MADE CONCERNING OUR YOUTH AND CRIME ASKED THAT CITIZENS STAY TUNED AS THERE WILL BE DISCUSSION AS TO INVOLVEMENT WITH CITY COUNCIL BECAUSE IT HAS TO BE Minutes — May 10, 2022 ADDRESSED, WANTS TO MAKE SURE LAWS ARE ENFORCED, INCLUDING THE LAWS FOR A JUVENILE, WE WANT TO MAKE SURE ALL CITIZENS ARE PROTECTED AND EVERY CITIZEN IS GOVERNED BY THE LAW Open session of meeting recessed at 3:03 p.m. EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toye Frazier vs. City of Beaumont; Cause No. E-206,919 * 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; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas Consider matters related to contemplated or pending litigation in accordance with Section 551.087 of the Government Code: Project Riverfront Robin Mouton, Mayor Step anie Leblanc, Deputy City Clerk Minutes — May 10, 2022