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Home My WebLink About05/17/2022 MINREAUMiCNT T E X A S 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 II Audwin Samuel, Mayor Pro Tern MAY 17, 2022 Chris Durio, Ward'IV 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 17, 2022, at the City. Hall. Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: - OPENING Invocation Pledge of Allegiance - Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-4 Mayor Mouton called the.council meeting to order at 1:30 p.m. Pastor Jon Stouffer with First United Methodist Church 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, Feldschau-andNeild. Also, present were Chris Boone, Interim. City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions . "National Maritime Day" - May 2022 — Proclamation. read by Mayor Pro Tern Samuel; accepted by Ivan Mobley, Executive Director "Hurricane Preparedness Week" - May .15-21,: 2022 — Proclamation read by Mayor Mouton; accepted by Shaqueena Nobles, Deputy Emergency Management Coordinator and staff Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-4 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 May 10, 2022, City Council Meeting Minutes Minutes — May 17, 2022 B: Authorize:the Interim City Manager to execute. all reIated.documents forthe purchase of a 225 ' square feet Lift Station -Easement with :Beaumont Country Club, Inca - Resolution 22-126 Councilmember Getz 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 1. Consider a resolution establishing guidelines for a person submitting specific reapportionment proposals. The 2020 Census shows a total population decrease for the City'of Beaumont to,be 3,014- .people Since the time of the 2010 Census. This, decrease. in population triggers the responsibility of the City Council to evaluate what impact this decrease has on the'four current single -member electoral wards of the city. The Council is recognizing its responsibility' by engaging in the assistance of the Bojorquez Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt a fair and lawful reapportionment plan. In the event a plan is submitted to the City by the public, the guidelines established will ensure that each plan submitted will be given due consideration. Funds will come:from the General- Liability :Fund. Approval of resolution. Councilmember 'Neild moved to -ADOPT--A RESOLUTION TO PROVIDE FOR THE ORDERLY CONSIDERATION AND EVALUATION OF REDISTRICTING PLANS WHICH MAY COME BEFORE CITY COUNCIL AND THAT THE GUIDELINES RELATE TO PERSONS OTHER THAN THE CITY OF BEAUMONT WHO HAVE SPECIFIC PROPOSED REDISTRICTING PLANS, THEY WISH THE CITY COUNCIL TO CONSIDER. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED .Resolution 22-127 Minutes — May 1.7, 2022 2. Consider a resolution adopting criteria for use in the reapportionment of Councilmember electoral wards. The 2020 Census shows a total population decrease for the- City of Beaumont to be 3,014 people, since the time of the 2010 Census. This decrease in population triggers the. responsibility of the City Council to evaluate what impact this decrease. has on the four current single -member electoral wards of the city. The Council is recognizing its responsibility by engaging in :the assistance of the Bojorquez..Law Firm to determine the need to reapportion the wards in satisfaction federal and state law. It is helpful to the redistricting process to adopt criteria and guidelines that would assist the Council in its efforts to evaluate and adopt.a fair and lawful reapportionment plan. In the event a plan is.submitted to the City by the, public, the guidelines established will ensure that each plan submitted will be given due consideration. Funds will come from the General Liability Fund. Approval of resolution. Councilmember Getz moved to APPROVE:A RESOLUTION THAT THE CITY COUNCIL OF THE CITY OF BEAUMONT HAS CERTAIN RESPONSIBILITIES FOR REDISTRICTING UNDER FEDERAL AND STATE LAW INCLUDING, BUT NOT LIMITED TO, AMENDMENTS 14 AND 15 TO THE UNITED STATES CONSTITUTION, AND THE VOTING RIGHTS ACT, 42 U.S.C.A. § 1973, ET S.EQ,; AND THE TEXAS GOVERNMENT CODE §§ 2058.001 AND 2058.002 AND THE .CITY COUNCIL HAS CERTAIN RESPONSIBILITIES FOR REDISTRICTING UNDER THE CITY CHARTER, ON REVIEW OF CURRENT DEMOGRAPHIC DATA IT APPEARS THAT A POPULATION IMBALANCE EXISTS REQUIRING REDISTRICTING OF THE CITY COUNCILMEMBER DISTRICTS AND IT IS THE INTENT OF THE CITY TO COMPLY WITH THE VOTING RIGHTS ACT AND WITH ALL OTHER RELEVANT LAW, INCLUDING SHAW V. RENO JURISPRUDENCE; AND A SET OF ESTABLISHED REDISTRICTING CRITERIA WILL SERVE AS A FRAMEWORK TO GUIDE THE CITY IN THE CONSIDERATION OF DISTRICTING PLANS; AND, ESTABLISHED CRITERIA WILL PROVIDE THE CITY A MEANS BY WHICH TO EVALUATE AND MEASURE PROPOSED PLANS; AND, REDISTRICTING CRITERIA WILL ASSIST THE CITY IN ITS EFFORTS TO COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAW. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD. NAYS: NONE MOTION PASSED Resolution 22-128 3. Consider approving a contract with JMPKL, INC., DBA The Lube Shop, to provide preventive maintenance for City vehicles. Bids were requested for an annual contract to provide preventive maintenance services such as oil changes, tire checks, fluid checks and grease checks. Specifications allow for one- year contract with the option -of two renewals of a one-year term at the same pricing as the awarded contract. Preventative maintenance services provided in this contract will cover approximately five hundred twenty (520) City vehicles. Minutes — May 17, 2022 Bids were requested from twelve vendors with three responses. The Lube Shop submitted the lowest qualified bid with an estimated annual cost of $125,387.90. This pricing reflects an increase of -approximately 5%. Lawe Inc. DBA Johnson's submitted a- non -responsive, incomplete bid, with no signatures as. required. Funds will come from the Fleet Fund. - Approval of the resolution. Councilmember Getz moved,1 to APPROVE A RESOLUTION THAT THE BID SUBMITTED BY JMPKL, INC., D/B/A THE LUBE SHOP, OF BEAUMONT, TEXAS, FOR AN ANNUAL CONTRACT, WITH THE OPTION OF TWO (2) RENEWALS OF A ONE (1) YEAR TERM AT THE.SAME PRICING AS THE AWARDED CONTRACT, FOR AUTOMOTIVE PREVENTATIVE MAINTENANCE FOR CITY -OWNED VEHICLES FOR AN ESTIMATED TOTAL ANNUAL EXPENDITURE OF $125,387.90, AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ,A CONTRACT WITH JMPKL, INC., D/B/A THE LUBE SHOP, OF BEUAMONT, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR.PR0 TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-129 4. Consider authorizing the Interim City Manager to execute Change Order No. 1 to the contract with Greenscapes Six, LLC for the Concrete Pavement Repair City Wide Phase II Project. On February -15, 2022, by Resolution No. 22-056, City Council awarded a contract to Greenscapes Six,. LLC, of _Baytown, in the amount of $2,397,669.,50, for the Concrete Pavement Repair City Wide Phase II Project. Proposed Change Order No. 1, in the amount of ($60,900.00), is.needed to adjust quantities for 8" Concrete Repair and 6" Concrete Repair due to the existing concrete pavement depth on various streets. No additional days will be added to the contract for the additional work. If approved, Change Order No. 1 will result in a new contract amount of $2,336,769.50. Funds will come from the Capital Program and the Street Rehabilitation Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT CHANGE ORDER NO. 1, IN THE AMOUNT OF ($60,900.00), IS NECESSARY TO ADJUST QUANTITIES FOR 8" CONCRETE REPAIR DUE TO THE EXISTING CONCRETE PAVEMENT DEPTH ON VARIOUS STREETS, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $2,336,769.50, AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 1, IN THE AMOUNT OF ($60,000.00), FOR ADDITIONAL WORK, THEREBY. DECREASING THE TOTAL CONTRACT AMOUNT TO $2,336,769.50 FOR 'THE CONCRETE PAVEMENT REPAIR CITYWIDE -PHASE II PROJECT. Councilmember Neild seconded the motion. Minutes — May 17, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS.DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-130 Mayor Mouton read the announcement :regarding Executive Session being held at the conclusion of .Public and Councilmember Comments. COMMENTS Public Comments (Persons are limited to three minutes) Michael Finnell 3055 Cartwright Beaumont TX Stated that African Americans make up: about 13% of the workforce in America, that's 36 million out of 278 million, invited anyone in the City of Beaumont and the surrounding area to his court hearing -on June 7, 2022, at 10:00 a.m., at 300 Willow St., stated that the opposing attorneys are trying to get information from him in order to retaliate against the other African American's that are back in the refinery, made additional comments regarding the refinery, afraid that the refinery will try to retaliate against the African Americans that are still employed with the refinery, doesn't understand why the hates exist in this area, the -refinery has the first and only black African American plant manager in the history of ExxonMobil in Beaumont.. . and that's, for a reason, the refinery knows he has the answer and they -are trying to squeeze it out of him Co_uncilmembers/City Manager/City Attorney comments on various matters COUNCI LMEMBER.COMMENTS COUNCILMEMBER NEILD - NONE MAYOR PRO TEM SAMUEL - IT'S A GREAT DAY IN BEAUMONT COUNCILMEMBER.FELDSCHAU - STATED THAT HURRICANE SEASON STARTS J.UNE 1, 2022, ENCOURAGED CITIZENS TO PLEASE_ CONSIDER HURRICANE PREPAREDNESS, IT'S BEEN STATED THAT THERE WILL BE AN ABOVE AVERAGE SEASON SO PLEASE BE PREPARED COUNCILMEMBER TURNER - STATED TO THE INTERIM CITY MANAGER THAT ON LAST WEEK HE REQUESTED THE PROCESS TO REVIEW PARKS, WANTS TO KNOW.HOW THE PROCESS WORKS., WHEN DO. -THEY GO. OUT AND :VIEW THE PARKS, ONCE SOMETHING IS FOUND THAT NEEDS TO BE REPAIRED OR REDONE WHAT'S THE NEXT STEP, IS A WORK ORDER REQUIRED, HE WANTS TO MAKE SURE THAT THE CITY IS KEPT OUT OF ANY LIABILITY WHEN KIDS ARE PLAYING ON THE EQUIPMENT Minutes - May 17, 2022. COUNCILMEMBER GETZ - CONGRATULATED DEAN CONWELL AND EMILY WHEELER ON A GREAT HISPANIC' HERITAGE FESTIVAL WHICH IS CALLED "ARTACO", WASN'T ABLE TO ATTEND BUTHEARD GREAT, THINGS ABOUT HOW WELL IT WAS RECEIVED AND HOPE THEY CAN DO IT AGAIN NEXT YEAR, BIGGER AND BETTER COUNCILMEMBER DURIO - WAS ABLE TO ATTEND THE HISPANIC HERITAGE FESTIVAL "ARTACO" IT WAS VERY NICE, GREAT PEOPLE AND FOOD, STAFF DID A GREAT JOB PUTTING IT ON CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - STATED THAT THE HISPANIC HERITAGE FESTIVAL WAS'A GREAT SUCCESS, THANKED EMILY- WHEELER AND DEAN . CONWELL ON A JOB WELL DONE; WAS UNABLE TO ATTEND AS HER DAUGHTER GRADUATED FROM COLLEGE. IN HOUSTON, WOULD. HAVE LOVED TO. ATTEND, COMMENTED ON THE EMERGENCY MANAGEMENT MEETING THAT SHE ATTENDED ON THIS MORNING, ENCOURAGED ALL CITIZENS TO. PLEASE GET PREPARED, HURRICANE SEASON STARTS .TUNE 1, 2022, WANTS EVERYONE TO BE PREPARED BUT BELIEVES IN GOD . THAT WE WILL NOT GET A HURRICANE, ASKED THAT EVERYONE THAT HASN'T TO PLEASE REGISTER THEIR CELL PHONES AND TO PLEASE MAKE SURE THEY GET -BATTERIES, WATER ETC., - ASKED THAT EVERYONE KEEP THE CITIZENS OF BUFFALO NEW YORK IN PRAYER,. THANKED EVERYONE FOR COMING OUT TODAY AND SPREAD THE LOVE Open session of meeting recessed at 2:06 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code:. GADV, Inc. d/b/a L&L General Contractors vs. The City of Beaumont; Causes No. A-0207973 Subrogation of Jaiden Smith Subrogation of Kendrick Fletcher Subrogation of Shaquala Mitchell Subrogation of Israel Aguilera Subrogation of Tyler Woods Minutes — May 17, 2022 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 AW Mouton, yor ; W 8�Q- O sa Tina Broussard, City Clerk AV Minutes — May 17, 2022