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HomeMy WebLinkAbout06/14/2022 MINBEAUMO'N:T��. 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 Tem JUNE 14, 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. June 14, 2022, at the City I 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 1-6 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Dwight Benoit with Magnolia Missionary Baptist 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 and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognitions — City of Beaumont Service Awards 40 Years of Service Thelma Bobb Wynell Harris 35 Years of Service JoAnn Jacobs - Cynthia Venter 30 Years of Service Tommy Bowman Charles Jeffcoat Jason'Plunkett Shawn Tolley- 25 Years of Service Calvin Carrier William Parrott Timothy Ocnaschek Barbara Wilridge Donald Small Minutes — June 1.4, 2022 "Juneteenth" — June 19, 2022 — Proclamation read by Mayor Mouton "National Pan -Hellenic Council, Inc. Day" — Proclamation read by Mayor Pro Terri Samuel; accepted by Rhonda Ruben, President of the National Pan -Hellenic Council, Inc., of the Golden Triangle and Zeta Phi Beta, Sorority Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-6 Sam Yager III 1500 Citywest Blvd., #400 Houston TX Spoke regarding items 5 & 6 on the agenda; Item #5, the creation of municipal management district within the boundaries of the City of Beaumont and Item #6, allowing the placement and occupancy of two manufactured or industrialized homes for up to twenty-four months within Beaumont Municipal Management District Number One 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 June 7, 2022, City Council Meeting Minutes B. Approve a resolution accepting maintenance of the street, storm sewer, water, and sanitary improvements in Spring Wood Subdivision Section 2 - Resolution 22-145 C. Authorize the Interim City Manager to sign the safety lighting project plans in connection with the 2018 Highway Safety. Improvements Program Interconnect Signals Project - Resolution 22-146 j D. Approve the amended Drug and Alcohol Policy for employees of Transit Management of Beaumont "BMT Zip" - Resolution.22-147 E. Authorize the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to BDS Constructors, LLC d/b/a .MK Constructors for the Loeb Groundwater Facility Chemical Improvements Project - Resolution 22-148 F. Approve a resolution rejecting all bids received for a contract to replace the chilled water and boiler piping for the Main Public Library and Police Department buildings - Resolution 22-149 Councilmember Neild moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Minutes — June 14, 2022 AGENDA Consider approving multiple purchasing cooperative contracts for the purchase of medical supplies used in the EMS Division. Due to an increasingly limited supply and rising costs of medical supplies used by City EMS, Fire and Police Departments, pricing was requested from six of the larger vendors who are part of purchasing cooperative programs that meet State of Texas procurement requirements. This will provide a more stable supply line and pricing by utilizing a larger group with more buying power. Four vendors replied with pricing for 181-line items separated into nine specific categories. Each vendor was allowed to present their most competitive cooperative pricing for review. The current contract was awarded in 2019 for an estimated total annual amount of $140,136.17. Since that award, the city has added three additional ambulances, so quantities . of supplies have been adjusted to maintain the supply needed for the additional units. Staff recommends that Boundtree Medical of Dublin, Ohio who submitted a proposal with the lowest estimated annual cost of $262,166.78 be awarded as Primary vendor utilizing the Buyboard contract and Life Assist, of Rancho Cordova, California who submitted a proposal with an annual cost of $296,956.08 be awarded as Secondary vendor utilizing the National Purchasing Partners (NPP) Contract, both cooperatives of which the City participates Funds will come from the General Fund. Approval of resolution. -Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF THE CONTRACT FOR THE PURCHASE OF MEDICAL SUPPLIES FOR USE BY THE BEAUMONT EMS DIVISION TO BOUNDTREE MEDICAL, OF DUBLIN, OHIO, AS PRIMARY VENDOR IN THE AMOUNT OF $262,166.78 THROUGH THE BUYBOARD COOPERATIVE PURCHASING PROGRAM; AND THAT THE CITY COUNCIL HEREBY APPROVED THE AWARD OF A CONTRACT FOR THE PURCHASE OF MEDICAL SUPPLIES FOR USE BY THE BEAUMONT EMS DIVISION TO LIFE ASSIST, OF RANCHO CORDOVA, CALIFORNIA, AS SECONDARY VENDOR, IN THE AMOUNT OF $296,956.08 THROUGH THE NATIONAL PURCHASING PARTNERS (NNP) COOPERATIVE PURCHASING PROGRAM. 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 22-150 2. Consider authorizing the Interim City Manager to award a contract to To-Mex Construction, LLC, of Houston, for the Street Rehab Sewer Line Pipe Bursting Project. The Street Rehab Sewer Line Pipe Bursting Project will be used to rehabilitate sewer lines through pipe bursting and replace defective manholes throughout the city. Minutes — June 14, 2022 On May 19, 2022, seven (7) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $695,092.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Texas Pride Utilities, LLC Houston, TX $567,596.00 To-Mex Construction, LLC Houston, TX $589,861.80 King Solution Services, LLC Houston, TX $615,990.00 CZ Construction, LLC Houston, TX $640,908.00 T Construction, LLC Houston, TX $720,509.00 PM Construction & Rehab, LLC Pasadena, TX $807,056.50 Horseshoe Construction, Inc. La Porte, TX $1,050,940.00 Section 0100 Instructions to Bidders in the advertised contract document states: 1. COMPETENCY OF BIDDERS — 1.1 In selecting the lowest, responsive, responsible Bidder, consideration will be given to: 1.1.1 the financial standing and ability of the Bidder to satisfactorily complete the job being bid. 1.1.2 the competence, judgment, skill, ability, and capacity of the Bidder to perform the work in accordance with the terms and conditions of the specification. 1.1.3. the past experience of the. municipality with the Bidder and the experience of the Bidder with other governmental entities. The Water Utilities staff recommends rejection of the lowest bid based on past experience with the lowest bidder, and proposes this project be awarded to the second lowest bidder, To-Mex Construction, LLC, in the amount of $589,861.80. A total of 120 calendar days are allocated for completion of the project. Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO TO-MEX CONSTRUCTION, LLC, HOUSTON, TEXAS, IN THE AMOUNT OF $589,861.80 FOR THE STREET REHAB SEWER LINE PIPE BURSTING PROJECT; AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TO- MEX CONSTRUCTION, LLC, OF HOUSTON, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-151 Minutes — June 14, 2022 3. Consider authorizing the Interim City Manager to award a contract to Allco, LLC, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project. The Pine Street SWTP Polymer System and Chemical Storage Tank Improvements. (REBID) Project will improve the polymer dosage system in addition to replacing and adding chemical storage tanks. On May 5, 2022, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $1,380,500.00. The bid totals are indicated in the table below: i Contractor Location Total Bid Amount Paschal Enterprises, LLC Sour Lake, TX $1;275,940:40 Allco, LLC Beaumont, TX $1,664,700.00 -Preferred Facilities Group Beaumont, TX $2,153,000.00 The City's standard specifications require a contractor to submit a responsive bid in which all of the requirements of the invitation to bid are fulfilled without exception or deviation. The apparent low bidder did not submit a complete bid per the contract's instructions. Therefore, the apparent low bid has been rejected due to noncompliance. Based on a.review of the bid and required documents received, the Water Utilities Department agrees with Freese & Nichols, Inc., and recommends awarding the project to the second lowest responsive bidder, j Allco, LLC, in the amount of $.1,664,700.00. A total of 270 calendar days are allocated for completion of the project. Funds will come from the American Rescue Fund. 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 ALLCO, LLC, OF BEAUMONT, TEXAS, IN THE AMOUNT OF $1,664,700.00 FOR THE PINE STREET SWTP 'POLYMER SYSTEM AND CHEMICAL STORAGE TANK IMPROVEMENTS (REBID) PROJECT; AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC, OF BEAUMONT, TEXAS. Councilmember Feldschau.seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-152 4. Consider authorizing the Interim City Managerto award a contractto King Solution Services, LLC,, of Houston, for the City -Wide Pipe Bursting Contract -Phase I. The City -Wide Pipe Bursting Contract — Phase I will be used to rehabilitate sewer lines through pipe bursting and replace defective manholes. Minutes —June 14, 2022 On May 19, 2022, four (4) bids .were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is $4,175,000.00. The bid totals are indicated -in the table below` Contractor Location Total Bid Amount King Solution Services, LLC Houston, TX $3,670,700.00 Texas Pride Utilities, LLC Houston, TX $3,906,180.00 T Construction, LLC Houston, TX $4,087,330.00 PM Construction & Rehab, LLC Pasadena, TX $5,54.9,710.00 Engineer's Estimate $4,175,000.00 The Water Utilities staff recommends this project be awarded to the lowest bidder; King Solution Services, LLC, in the amount of $3,670,700.00. A total of 365 calendar,days are allocated for completion of the project. Funds will come from the American Rescue Fund. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO KING SOLUTION SERVICES, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $3,670,700.00 FOR THE CITY-WIDE PIPE BURSTING CONTRACT -PHASE I PROJECT; AND THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH KING SOLUTION SERVICES, LLC, OF HOUSTON, TEXAS. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD . NAYS: NONE MOTION PASSED Resolution 22-153 5. Consider approving a resolution granting consent for the creation of a municipal management district within the boundaries of the City of Beaumont. On February 28, 2017, City Council approved Resolution 17-043, supporting legislation for the creation of Beaumont Municipal Management District Number One. Following this, the 85th Texas Legislature established the 364.E-acre district bordered on the north by Delaware Street, on the east by Dowlen Road and on the south by Gladys Avenue. The creation of the Management District, if enacted, will allow for provision of streets, drainage, water, sewer and other amenities to develop this large tract of land within the city. Approval of resolution. Councilmember Getz moved to APPROVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, GRANTING CONSENT TO THE CREATION OF A MUNICIPAL MANAGEMENT DISTRICT AND THE INCLUSION OF LAND THEREIN. Councilmember Neild seconded the motion. Minutes — June 14, 2022 AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-154 6. Consider approving an ordinance allowing the placement _ and occupancy of two manufactured or industrialized homes for up to twenty-four months within Beaumont Municipal. Management District Number One. On .February 28, 2017, City Council approved Resolution 17-043, supporting legislation for the creation of Beaumont Municipal Management District Number One. Following this, the 85th Texas Legislature established the 364.E-acre district bordered on the north by Delaware Street, on the east by Dowlen Road and on the south by Gladys Avenue. The Management District, if enacted, will allow for provision of streets, drainage, water, sewer, and other amenities to develop this large tract of land within the city. As.the Texas Legislature has.now enabled the district, next steps include a formal consent by j the City to formally create the district. Upon consent, the district will hold an organization meeting to organize the District's Board and hold a bond and tax election. To conduct this election, there must be residents living _within the district. As such, placement of these housing units will enable this to happen. As the Zoning Ordinance prohibits the placement and use of manufactures housing units outside of housing parks, this temporary amendment would allow these units to be placed and the election to be held. It should be noted that there will be no tax increase related to the district beyond the boundaries of the district. Approval of the Ordinance. Councilmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ALLOWING A PERIOD OF UP TO TWENTY-FOUR (24) MONTHS FOR THE PLACEMENT AND OCCUPANCY OF TWO (2) MANUFACTURED OR INDUSTRIALIZED HOMES WITHIN THE BEAUMONT MUNICIPAL MANAGEMENT DISTRICT NUMBER ONE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-035 COMMENTS Public Comments (Persons are limited to three minutes) Minutes - June 14, 2022 Vernon Durden 16436 Westbury Rd. Beaumont TX Thanked Council for their unity it's a long time coming, commented on the Juneteenth, celebration, asked if the city transit will available that day for the citizens that may want to attend, commented on the Municipal Management District, has concern for the development of downtown, asked if the developer could be incentivized to do something in the downtown area especially with some of the vacant buildings that are sitting empty, made additional comments regarding the bidding process and bidders losing bids due to default, asked if there could be something done in regards to that Mary Williams 9380 Riggs St. Beaumont TX Thanked the Mayor for issuing a proclamation on Sunday for Women's Veterans Day in Beaumont, spoke to Council regarding a disabled veteran that spoke at last week's City Council meeting by the name of Preston Thibodeaux, stated that Mr. Thibodeaux spoke about how he was targeted and harassed by his neighbor who lives across the street from him, Mr. Preston has lived in the Amelia neighborhood for twenty plus years, asked why wasn't there an investigation of deadly conduct with a firearm and vandalism charges, instead the police handcuffed Mr. Thibodeaux and brought him to the Mental Health Ward at Baptist Hospital, stated that the Police Department got the wrong person, asked for a copy of the police report, veterans must never be treat this way, she's an Army Veteran herself and she's not invisible and wants to see other veterans get the justice they deserve, Mr. Thibodeaux fought for our county, we must do better, we have to do better, stated that she has Mr. Thibodeaux's six at all times, also today is the U.S. Army's 247th birthday Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - MAYOR PRO TEM SAMUEL - COUNCILMEMBER FELDSCHAU - NONE WISHED EVERYONE A HAPPY JUNETEENTH CONGRATULATED ALL THE EMPLOYEES THAT RECEIVED SERVICE AWARDS ON TODAY AND LOOKING FORWARD TO JUNETEENTH COUNCILMEMBER TURNER - CONGRATULATED ALL THE EMPLOYEES THAT RECEIVED SERVICE AWARDS, COMMENTED ON A CALL HE RECEIVED REGARDING LIBERIA PARK, STATED THAT THERE MAY BE A PROBLEM WITH THE TIMER FOR THE SPLASH PAD AND THERE'S BEES AND WASP NEST ON THE PLAYGROUND EQUIPMENT, ASKED IF STAFF COULD LOOK INTO THIS ISSUE, ASKED IF THERE IS AN ESTIMATED TIME LINE REGARDING THE RAILROAD CROSSING AT LUCAS AND HELBIG, WANTED TO KNOW HOW THE CITY WOULD MARKET THE NEW BID VENDOR PROCESS, ALSO WANTED TO KNOW IF THERE COULD BE A WORKSHOP FOR CITIZENS TO GIVE THEM MORE INFORMATION REGARDING THE NEW BEAUMONT MUNICIPAL MANAGEMENT DISTRICT NUMBER ONE, THE MAYOR GAVE A SECOND TO HIS REQUEST Minutes — June 14, 2022 COUNCILMEMBER GETZ - CONGRATULATED ALL OF THE EMPLOYEES FOR THEIR LONGEVITY, ALSO CONGRATULATED THE NEW ASSISTANT POLICE CHIEF, WELCOMED MR. SAM YAGERAND HIS TEAM TO BEAUMONT COUNCILMEMBER DURIO - COMMENTED ON THE ISSUES REGARDING LIBERIA PARK, STATED THAT HE SPOKE WITH .11MMY NEILD, WHO'S SUPPOSED TO HAVE STAFF CHECK ON THE ISSUES AND GET THEM TAKEN CARE OF, ASKED MS. WILLIAMS THAT SPOKE EARLIER IF SHE WOULD SPEAK TO ONE OF THE POLICE OFFICERS REGARDING THE ISSUE REGARDING MR. THIBODEAUX, ASKED THAT THE OFFICERS GIVE HER AN UPDATE, ASKED THAT CITIZENS BE CAREFUL, HE WAS.RIDING HIS BICYCLE THIS MORNING AND SAW A 6 FOOT ALLIGATOR IN THE CANAL ON DOWNS ROAD, COMMENTED ON REDISTRICTING, CITIZENS CAN TURN IN WARD MAPS, ASKED THAT CITIZENS GO TO THE CITY WEB SITE AND PARTICIPATE IN THE PROCESS CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - GAVE CONDOLENCES TO SHARAE REED, CITY ATTORNEY ON THE LOSS OF HER GRANDMOTHER, CONGRATULATED ALL OF THE EMPLOYEES FOR THEIR YEARS OF SERVICE TO THE CITY WHICH TOTALED 400 YEARS OF SERVICE, ANNOUNCED THAT .IUNETEENTH WILL BE CELEBRATED THIS SUNDAY, .TUNE 19, 2022, FROM 4:00 P.M. TO 9:00 P.M., MAIN STREET BETWEEN COLLEGE AND FORSYTHE WILL BE BLOCKED OFF, THERE WILL BE FOOD VENDORS DOWN MAIN STREET, AS WELL AS MUSIC, FOOD TRUCKS, AND FIREWORKS TO CLOSE OUT THE CELEBRATION, ENCOURAGED EVERYONE TO COME OUT AND CELEBRATE, THURSDAY, .TUNE 16, 2022, THERE WILL BE A SUNDOWN CONCERT SERIES AT THE EVENT CENTRE, FROM 6:00 P.M. TO 8:00 P.M., FEATURING THE FLAVA BAND, ENCOURAGED EVERYONE TO GO AND ENJOY, COMMENTED ON THE PROCLAMATION THAT SHE READ FOR WOMEN'S VETERAN'S DAY IN BEAUMONT, ON SATURDAY SHE DID AN APPRECIATION FOR THE CRAWLY FAMILY OUT AT GLADYS CITY, THEY ARE A NEW ADDITION TO GLADYS CITY, MADE ADDITIONAL COMMENTS REGARDING THE ISSUE AT LIBERIA PARK, AND THE FLASHING LIGHTS AT WASHINGTON BLVD., AND 11T" ST. Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Minutes — June 14, 2022 Open session of meeting recessed at 3:05 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; Cause No. A-0207973 Mp��1i R in Mouton, or for U eeaaoe LU Tina Broussard, City Clerk �p Minutes — June 14, 2022