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HomeMy WebLinkAbout08/02/2022 MINT 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 Neiid, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III AUGUST 2, 2022 Chris Durio, Mayor Pro Tem Tina Broussard, City Cleric 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 August 2, 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 Julius Wardley with First United Methodist Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Stephanie LeBlanc, Deputy City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tem Durio, Councilmembers Getz, Turner, Feldschau, Samuel (arrived at 2:56 p.m.) and Neild. Absent: Tina Broussard, City Clerk. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Stephanie LeBlanc, Deputy City Clerk. Proclamations, Presentation, Recognitions Recognition: Mr. Steve Ahlenius — President/CEO of the Greater Beaumont Chamber of Commerce Mayor Mouton read the announcement regarding Executive Session being held for Item #3. Council would recess to discuss this item and reconvene to vote. 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.) Minutes --August 2, 2022 A. Approval of the July 26, 2022, City Council Meeting Minutes Councilmember Getz moved to approve the Consent Agenda. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Texas Pride Utilities, LLC, for the Dowlen West Pipe Bursting Contract -- Phase I Project. On February 25, 2020, by Resolution 20-042, City Council awarded a contract to Texas Pride Utilities, LLC, of Houston, for the Dowlen West Pipe Bursting Contract — Phase I Project in the amount of $1,097,150.00. Previous Change Order Nos. 1-2, in the amount of $32,100.00. Proposed Change Order No. 3, in the amount of ($270,714.00), and the addition of 157 calendar days is required to adjust the estimated quantities and contract time to reflect the actual quantities and contract time used in the completion of the project. If approved, the final contract amount will be $858,536.00. The project has been inspected by Water Utilities and found to be complete in accordance with the provisions and terms set out in the contract. Acceptance of Change Order No. 3, maintenance, and final payment in the amount of $42,926.80 is recommended. Funds will come from the Capital Program. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE CHANGE ORDER NO. 3, IN THE AMOUNT OF ($270,714) AND THE ADDITION OF 157 CALENDAR DAYS TO ADJUST THE ESTIMATED QUANTITIES AND CONTRACT TIME TO REFLECT THE ACTUAL QUANTITIES AND CONTRACT TIME USED IN THE COMPLETION OF THE PROJECT, THEREBY DECREASING THE TOTAL CONTRACT AMOUNT TO $858,536.00 FOR THE DOWLEN WEST PIPE BURSTING CONTRACT -- PHASE I PROJECT; AND THAT THE DOWLEN WEST PIPE BURSTING CONTRACT PHASE I PROJECT BE AND THE SAME IS HEREBY ACCEPTED; AND THAT THE INTERIM CITY MANAGER IS AUTHORIZED TO MAKE FINAL PAYMENT IN THE AMOUNT OF $42,926.80 TO TEXAS PRIDE UTILITIES, LLC, OF HOUSTON, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD Minutes — August 2, 2022 NAYS: NONE MOTION PASSED Resolution 22-185 2, Consider approving a contract with WJE Associates, Inc., of Austin, Texas for Professional Engineering Services -- Bridge Repairs at Various Locations City Wide. The Texas Department of Transportation (TXDOT) performs biannual bridge inspections on City of Beaumont maintained structures through the Routine Off -System Bridge Inspections program. The 2021 inspection cycle recommended structural repairs be made within two (2) years, or before the next inspection cycle, for thirteen (13) of the fifty-eight (58) bridges inspected. The proposed engineering scope of work includes further inspection and design of recommended repairs. Engineering services shall include performing bridge inspections, preparing inspection reports, evaluate alternatives, develop scope of repairs and engineering design, provide materials testing, cost estimates, plans and specifications to address damages and repairs to thirteen (13) City of Beaumont maintained Bridge Structures. Four (4) responses were received and evaluated by City Staff. Funds will come from the General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE, A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH W.JE ASSOCIATES INC., OF AUSTIN, TEXAS FOR ENGINEERING SERVICES RELATED TO BRIDGE REPAIRS AT VARIOUS CITY-WIDE LOCATIONS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-186 EXECUTIVE SESSION — Recessed at 1:42 p.m. * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv-00024 Council reconvened at 2:56 p.m. Minutes — August 2, 2022 Councilmember Samuel arrived at 2:56 p.m. 3. Consider authorizing the settlement of the lawsuit styled Ronald K. Davis v. John D. Brown, et al; Civil Action No. 1:22-cv- 00024. The lawsuit styled Ronald K. Davis v. John D. Brown, et al, Civil Action No. 1:22-cv-00024, was presented and discussed in Executive Session held on July 19, 2022. The City Attorney is requesting authority to settle this suit in the amount of $22,500. Funds will come from the General Liability Fund. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY ATTORNEY BE, AND SHE IS HEREBY, AUTHORIZED TO SETTLE THE MATTER OF RONALD K. DAVIS IN THE LAWSUIT STYLED RONALD K. DAVIS V. JOHN D. BROWN, ET AL; CIVIL ACTION NO. 1:22-CV-00024, FOR THE SUM OF TWENTY-TWO THOUSAND FIVE HUNDRED AND XXI100 DOLLARS ($22,500.00); AND BE IT FURTHER RESOLVED THAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE ALL DOCUMENTS RELATED TO SETTLEMENT OF THE LAWSUIT. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS TURNER AND SAMUEL NAYS: COUNCILMEMBERS GETZ, FELDSCHAU AND NEILD MOTION PASSED Resolution 22-187 PUBLIC HEARING * Receive comments related to draft plans for the reapportionment of single -member council wards Public Hearing Open: 3:07 p.m. Christopher Jones 1045 Doucette Beaumont, TX Stated that he came on behalf of many citizens, civic groups and organizations that have reached out to him asking that he address Council, asked that Council postpone the public hearing and amendment process for an evening meeting as it would give residents the opportunity to be involved and engaged in the process Public Hearing Closed: 3:16 p.m. Minutes —August 2, 2022 4. Consider an ordinance amending the boundaries of the wards of the City of Beaumont for election purposes. As a result of the 2020 decennial census, it has been determined that a decrease in population in the City of Beaumont has caused the existing ward boundaries of the City of Beaumont to be substantially unequal in population. Article I, Section 6 of the Charter of the City of Beaumont gives to the City Council the responsibility of changing ward boundaries from time -to -time as the Council may deem expedient so that each ward shall contain, as nearly as possible, the same number of electors. The proposed ordinance adjusts the ward boundaries so as to comply with the Charter of City of Beaumont. The next City election is May 6, 2023. Approval of the ordinance. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ADOPTING A NEW REAPPORTIONMENT PLAN THEREBY REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2020 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM DURIO, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU AND NEILD NAYS: COUNCILMEMBER SAMUEL MOTION PASSED Ordinance 22-042 COMMENTS * Public Comments (Persons are limited to three minutes) Tony Renfro 6110 Bankston Lane Beaumont, TX Stated that he comes before Council speaking for himself and the majority, the City of Beaumont now has the opportunity to make a move in a new and positive direction by hiring a new, well qualified, experienced applicant for City Manager, it's time for a change, the City of Beaumont has been a stalled city for the past two decades with missed opportunities for growth, new businesses, and because of mismanagement of the most important components -- department of the City works, criticism of the previous City Manager, the City of Beaumont has been stagnant with great untapped opportunities, for growth and creative opportunities, it's time for those who have kept this great city below average and who have been attached to this old regime to step off the stage and to bring in the most well rounded applicant the City has ever employed, highly recommends applicant Kenneth Williams to take our city to the next level as our new City Manager Minutes — August 2, 2022 Christopher .tones 1045 Doucette Beaumont, TX Asked that Council not consider the Interim City Manager for the City Manager position due to his track record as the developer of the city, feels that many citizens have been made to feel dissociated and even exiled from the City of Beaumont when it comes to community engagement with options of resolve, believes that the city needs a new direction that they can rally behind, if Council wants change that change must start with a new City Manager, asks that Council's deliberation and overall decision be in line with the communities represented by his attendance Wilma Spikes 1605 Victoria Beaumont, TX Concerned regarding the fact that one of her properties has been red tagged, the property had utilities on, taxes paid and tenant occupied, unsure if the department that red tagged her property has done this to other citizens or if she's being bullied, is it part of the City code to do this to any other citizen, was unaware that a property that is tenant occupied and has utilities on could be deemed red tagged, stated the reason she attended Council was to plead her cause, her water services and lights have been turned off, stated that every time she has had work done it has been with licensed companies and there are permits on file with the City, wants her services back, will pull permits and comply with whatever Code Enforcement states she needs to do but feels she has been wronged, asked for Council's help with her situation as this is part of her income Travis Haynes 4805 Beck Street Beaumont, TX Spoke regarding an issue that happened to him on May 25, 2013, stated that he was slammed head first by a correction officer of Jefferson County correction facility, his arm was broken and he was left in an isolation cell for three days fighting for his life with no medical attention, stated he will bring this to Council, the news, civil rights groups, whoever he has to so that he is compensated for the damage to his arm and his pain Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS MAYOR PRO TEM DURIO - WANTS ALL CITIZENS TO BE AWARE OF THEIR GRASS CLIPPINGS WHEN CUTTING GRASS, CLIPPINGS ARE NOT SUPPOSED TO BE SPRAYED OR BLOWN DOWN INTO THE DRAINAGE OR STREETS, JUST REMEMBER THAT YOU ARE RESPONSIBLE FOR YOUR GRASS CLIPPINGS, ATTENDED SOME OF THE SCHOOL SUPPLY GIVEAWAYS OVERTHE WEEKEND, ONE WAS WITH THE 100 PLUS BLACK WOMEN AND ANOTHER WITH YDIA (YOU DID IT AGAIN), APPRECIATES THEM LETTING HIM ATTEND, IT'S A GOOD THING FOR THE COMMUNITY AND IT WAS REALLY SUCCESSFUL GETTING THE KIDS READY TO GO BACK TO SCHOOL, ATTENDED ATURNOUT AT OUR MOTHER OF MERCY CATHOLIC CHURCH WITH His AMERICAN LEGION POST, STATED THE MAYOR PRO TEM STAYS PRETTY BUSY Minutes — August 2, 2022 COUNCILMEMBER GETZ - STATED THAT A LOT OF PEOPLE ASK HIM WHAT THE STATUS IS ON GETTING BATTLESHIP TEXAS TO BEAUMONT AND HE TELLS THEM THAT IT'S PROGRESSING, A CITIZEN CREATED A SURVEY ON CHANGE.ORG TITLED "BRING THE BATTLESHIP TEXAS TO BEAUMONT", THE SURVEY IS THREE DAYS OLD AND ALREADY HAS HUNDREDS OF PEOPLE THAT HAVE INDICATED THEY WOULD LIKE TO SEE THE BATTLESHIP TEXAS COME TO BEAUMONT, IF YOU WOULD LIKE TO HAVE A VOICE IN THAT MATTER THE SURVEY IS ONE WAY TO DO SO COUNCILMEMBER TURNER - COMPLIMENTED THE CVB ON BRINGING BEEP BASEBALL NATIONAL LEAGUE TO HOSTA TOURNAMENT IN BEAUMONT, HE VOLUNTEERED FOR THE TOURNAMENT AND ONE OF THE MOST HUMBLING THINGS HE NOTICED WAS THOSE INDIVIDUALS OUT THERE BLIND, PLAYING A SPORT, CELEBRATING, EXCITED, POSITIVE AND NOT COMPLAINING ABOUT THINGS THEY ACTUALLY DON'T HAVE AND IT HUMBLED HIM 13ECAUSE WE GO BY EVERY DAY IN LIFE AND OFTEN WE COMPLAIN, WE DON'T KNOW HOW PRIVILEGED WE ARE JUST BECAUSE WE HAVE ALL OUR PHYSICAL ATTRIBUTES, SPOKE ABOUT THE BACK TO SCHOOL DRIVES, THERE WAS ONE AT SMITH MIDDLE SCHOOL PUT ON BY STACY LEWIS SR. AND THE SCHOOL, ONE AT ODOM ACADEMY BY BOBBIE PATTERSON AND 100 PLUS BLACK WOMEN, AND AT ALICE KEITH PARK BY YDIA, STATED HE VOLUNTEERED AT ALL THREE., HE'S HEARD COMMENTS THAT THERE HAVE BEEN TOO MANY BACKPACK SCHOOL DRIVES, THERE ARE 16,000 KIDS IN BISD AND THE REALITY IS THAT SOME OF THOSE KIDS HAVE UNFORTUNATE LIVING CONDITIONS SO WE NEED TO SHIFT OUR MENTALITY IF WE EVER THINK LIKE THAT, ASKED FOR AN UPDATE ON THE POLICE CONTRACT NEGOTIATIONS, STRESSED THAT IT'S BUDGET SEASON AND WE NEED TO LOOK AT OUR MINIMUMS ON SALARIES NOT JUST THE HIGHEST, THE COST OF LIVING IS EXTREMELY HIGH, ASKS THAT WE LOOK AT COMPENSATING EVERYONE FROM THE BOTTOM TO THE TOP, THE CITY NEEDS TO BE COMPETITIVE IN REGARDS TO WAGES COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - LOOKS FORWARD TO WORKING WITH THE CHARLTON POLLARD NEIGHBORHOOD ASSOCIATION AS WELL AS GETTING WITH CITY STAFF TO LOOK AT THE CITY PROPERTY THAT IS AROUND OUR PARKS TO POSSIBLY INCORPORATE A COMMUNITY GARDEN IN THE CHARLTON POLLARD AREA, ATTENDED AND VISITED WITH STAFF AT THE SUMMER CAMP PROGRAM AT THE STERLING PRUITT CENTER, CAN'T EXPRESS ENOUGH THE JOB THAT OFFICER CAROL RILEY DOES WORKING WITH OUR KIDS, IT WAS BEAUTIFUL AND WAS HEARTENING TO SEE THE INVOLVEMENT BY THE BEAUMONT POLICE DEPARTMENT, IT Minutes —August 2, 2022 WAS A WONDERFUL EVENT AND WAS GOOD TO SEE THOSE KIDS JUST TRULY HAVING FUN COUNCILMEM13ER FELDSCHAU - STATED THAT HE HAD THE OPPORTUNITY TO STOP BY THE STERLING PRUITT CENTER FOR THE SUMMER CAMP PROGRAM ON LAST THURSDAY, A NUMBER OF OTHER COUNCILMEM13ERS ATTENDED, IN LOOKING AT THIS GROUP OF YOUNG KIDS AND LISTENING TO THE STAFF AND OFFICER RILEY AND LISTENED TO THEIR PASSION AND LOVE FOR THESE YOUNG KIDS HE WAS TAKEN ABACK BY THE MOMENT, THERE'S A LOT OF GOOD THINGS HAPPENING IN OUR COMMUNITY AND THERE'S A LOT OF GOOD PEOPLE, APPRECIATES THE STAFF, OFFICER RILEY, ALL OF OUR FIRST RESPONDERS WITH BEAUMONT POLICE DEPARTMENT, FIRE AND EMS INTERIM CITY MANAGER BOONE - A BUDGET WORK SESSION WILL BE HELD ON AUGUST 16, 2022, ALSO A TIMELINE IS BEING PREPARED RELATED TO CONTRACT NEGOTIATIONS WITH THE 13EAUMONT POLICE UNION WHICH SHOULD BE READY IN THE NEXT DAY OR TWO CITY ATTORNEY REED - NONE MAYOR MOUTON - INVITED COMMUNICATIONS DIRECTOR, LAUREN MONITZ TO THE PODIUM TO ANNOUNCE A JOINT VENTURE WITH URBAN AIR, THE OWNER WISHES TO PARTNER WITH THE CITY OF BEAUMONT AND THE POLICE DEPARTMENT TO HOST A BACK TO SCHOOL BASH FOR OUR STUDENTS, NOT ONLY FOR THE NEXT TWO WEEKS BUT CONTINUING DUE TO THE LACK OF THINGS FOR TWEENS TO DO IN THIS AREA, MS. MONITZ STATED THAT ON THURSDAY NIGHT AT URBAN AIR FROM B-10 P.M. THE POLICE COMMUNITY RELATIONS DEPARTMENT IS PARTNERING WITH URBAN AIR TO INTERACT WITH THE KIDS ATTENDING, IT IS GEARED TOWARD KIDS AGES 13-9 $ AND 25% OF THE DOOR PROCEEDS WILL GO TOWARDS THE COPS N KIDS PROGRAM, PARENTS WILL NEED TO DROP THE KIDS OFF AND PICK THEM UP, IT'S A GREAT WAY FOR KIDS TO HAVE FUN AND REGISTRATION IS REQUIRED ON THE URBAN AIR WEBSITE, MAYOR MOUTON INVITED COUNCIL TO COME OUT, STATED THE OWNER REALLY WANTED TO GET INVOLVED IN THE COMMUNITY AND BELIEVES IT'S A GREAT THING WHAT WITH ALL THE CRIME WE'VE HAD WITH OURTEENAGERS, IT'S A GREAT WAY FOR KIDS TO GET OUT AND HAVE A LAST BASH OF FUN BEFORE SCHOOL STARTS, STATED THAT WE ARE IN HURRICANE SEASON AND WANTED TO REMIND EVERYONE ABOUT THE GRASS CLIPPINGS, NOTED THAT THE WATER WAS UP TO THE ROOFTOPS IN KENTUCKY WITH ALL THE FLOODING, ASKED THAT EVERYONE PLEASE TAKE CARE OF GRASS CLIPPINGS AND IF YOU SEE TRASH TO PICK IT UP, IT DOES AFFECT THE STORM DRAINS, ALSO RECEIVED A TEXT FROM A CITIZEN WHOSE NEIGHBOR'S DOGS WERE USING THE BATHROOM IN HER YARD, THIS LADY Minutes — August 2, 2022 HAS HAD TO TRAVEL TO MARYLAND TO HAVE SURGERY DUE TO DISEASE CONTRACTED FROM THE URINE AND FECAL MATTER IN HER YARD, ASKED THAT CITIZENS KEEP THEIR DOGS FROM USING THE BATHROOM IN OTHERS' YARDS IF ATALL POSSIBLE, AGREES WITH COUNCILMEM13ER TURNER THAT YOU CAN NEVER HAVE TOO MANY BACKPACK GIVEAWAYS, WE ARE IN ECONOMICAL HARD TIMES AND THERE ARE A LOT OF PEOPLE THAT ARE IN NEED OF THESES SUPPLIES, THANKED YDIA AND 100 PLUS BLACK WOMEN FOR CONTRIBUTING TO OUR COMMUNITY AND MAKING SURE OUR STUDENTS HAVE, WHAT THEY NEED, CANT' TALK ENOUGH ABOUT DEAN CONWELL, FREDDIE WILLARD AND THE CVB STAFF FOR SPONSORING THE WORLD SERIES BEEP BALL, THESE PLAYERS WERE SIGHTLESS AND HAPPY JUST TO PLAY, DID NOT GET TO SEE THEM PLAY AS THE DAY SHE WOULD HAVE THE GAMES WERE CANCELLED DUE TO LIGHTNING, IT WAS A GREAT OPPORTUNITY FOR BEAUMONT TO HOST THIS WORLD SERIES, IT GOES ON ACROSS THE UNITED STATES, SO PROUD OF THE STAFF OF CVB FOR BRINGING THIS TO BEAUMONT FOR THE FIRST TIME, THANKED EVERYONE FOR COMING AND SPREAD THE LOVE AS ALWAYS EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551,071 of the Government Code: Claim of Robert Counts Claim of Virginia Quintanar Toye Frazier v. City of Beaumont; Cause No. E-206,919 * Deliberate the appointment, employment and duties of the City Manager position in accordance with Section 551.074 of the Government Code -Personnel Matters; Closed Meeting. - Christopher S. Boone Lionel D. Lyons Kenneth R. Williams Open sOssion of meeting recessed at 3:47 p.m p Robin Mouton, Mayor k ,Stephanie LeBlanc, epu# City Clerk Minutes —August 2, 2022