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Home My WebLink About11/07/2023 MINT E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III November 7, 2023 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council oftheCityofBeau mont,Texas, met in a regularsession in strict compl lance with the Texas Open Meetings Act, Texas Government Code, Chapter551 on November 7, 2023, 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/Regular Agenda items 1-4 Mayor West called the council meeting to order at 1:30 p.m. Minister Cheryl Williams with Antioch Baptist Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tom Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Also, present were Kenneth R, Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation and Recognition "National Nurses Practitioners Week" — November 12-18, 2023 — Proclamation road by Tina Broussard, City Clerk; accepted by Mrs. Cynthia Arceneaux, with SETX Nurse Practitioners Organization "Veterans Day" — November 11, 2023 — Proclamation read by Cou ncilmemberDu rio; accepted by Ray Hardy and John Bryant, Vietnam Veterans of America SETC Chapter 292 Mayor West read the announcementregarding the Executive Session being heldatthe conclusion of Public and Councilmember comments. Public Comment: Persons may speak on the ConsentAgenda/RegularAgenda Items 3-4 (orany other topic) (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov Emma Richardson 4335 Congress St. Beaumont TX Minutes —November 7, 2023 Isean Isedore No address given Beaumont TX Steven Vasquez 1397 Corley Ave. Beaumont TX Tone Ligon 4240 Inez Beaumont TX David Pete 6255 Chinn Ln. Beaumont TX Tess Wells 6200 Sienna Trail Beaumont TX Thefarro Richard 5275 Parkview Dr. Beaumont TX Charlie Crabbe 928 East Dr. Beaumont TX Vernon Durden 16436 Westburry Beaumont TX Deloris Clark 2825 S. 12" St. Beaumont TX Kathy Wingate 4790 Wingate St. #111 Beaumont TX Gloria Landry 2825 S. 12' St. #913 Beaumont TX Deondre Moore 9130 Gross Beaumont TX 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. Council to Consider approving the October 31, 2023, City Council Meeting Minutes B. Cou ncil toconsidera resolution appointing Tim Sudela to the Board of Appeals — Resolution 23-323 C. Council to consider the appointments to the Parks and Recreation Advisory Committee - Resolution 23-324 D. Council to consider appointments to the Animal Care Advisory Board - Resolution 23-325 E. Council to consider appointments to the Community Development Advisory Committee — Resolution23-326 F. Council to consider appoints to the Historic Landmark Commission — Resolution 23.327 G. Council to consider appointments to the Library Commission — Resolution 23-328 H. Counciltoconsiderappointmentstothe Planningand Zoning Commission —Resolution 23- 329 I. Counciltoconsiderappointmentstothe Police Department Commu n ityAdvisory Committee — Resolution 23-330 Minutes —November 7, 2023 J. Council to consider appointments to the Convention and Tourism Advisory Board — Resolution 23-331 K. Council to considera resolution authorizing the settlement of the claim of TiffanySimpson — Resolution 23-332 L. Council to considerauthorizing settlementof the claim of Stella DeBlanc — Resolution 23- 333 M. Council to considera resolution authorizing the acceptance ofa ten foot (10') wide Exclusive Water Line Easement with Julia Ruth B rower Stei n h agen — Resolution 23-334 N. Council to considera resolution authorizing the acceptance of three (3) ten foot (10') wide Exclusive Water Line Easements with LaBelle Park, LP — Resolution 23-335 O. Council to considerthegrantingthe City Managerapproval to executean amendmentto the ZeroParks Management LLC Industrial District Agreement (IDA) — Resolution 23-336 CouncilmemberFe[dschau moved to approve the Consent Agenda. Counci[member Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEIL.D NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to considera resolution authorizing the purchase of one (1) digesterblower, motor, and skid forthe Wastewater Treatment Plant. Currently, the Wastewater Treatment Planthas four(4) digesterblowers (1,2,4, and 5).The main function forthe blowers is to supplya rate of continuous forced oxygenated airto the digesters. Blower#5 has reached the lifetime expectancy and needs replacement before it completely fails and results in reduced capacity to produce sludge cake at the belt press. The total pricing for the 150 HP Blower, Motor, and Skid is $69,583.00 and was obtained from Atlas Copeo Compressors, LLC, of Houston, the sole source provider of the blowers used at the Wastewater Treatment Plant. The quote and sole source letter are attached for you r reference. Funds will come from the Capital Program. Approval of the resolution. Councilmember Durio moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE PURCHASE OF ONE (1) 150 HP DIGESTER BLOWER, MORE, AND SKID FOR THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $69,583.00 FROM THE ATLAS COPCO COMPRESSORS, LLC, OF HOUSTON, TEXAS. Councilmember Samuel seconded the motion. Minutes -- November i, 2023 AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GTZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-337 2. Council to con sideraresolution authorizing the City Manager to award a contract to ALLCO, LLC, of Beaumont, forth e Street Rehabilitation Citywide— Phase V (REBID) Project. The Street Rehabilitation Citywide — Phase V (REBID) Project consists of milling existing asphalt pavement, asphaltbase repairs, concrete repairs, curb and gutterrepairs, crackand joint sealing existing pavement, base stabilization with cement orcem-lime slurry, roadway resurfacing pavementwith hotmix asphalticconcreteand new pavementmarki ngs.Thebase bid of this project is comprised Of twenty-six (26) roadways scheduled for rehabilitation located citywide. The additive bid item is for the wastewater treatment plant Roadway Rehabilitation. On September 21, 2023, two (2) bids were received for furnishing all labor, materials, and equipment for the project. At this time, only the base bid is recommended for award. The Engineer's Estimate forth base bid is $5,200,000.00. The base bid items are totaled in the table below: Contractor Location Base Bid Amount ALLCO, LLC Beaumont, TX $6,847,514.00 Texas Materials Group, Inc., dba Gulf Coast Beaumont, TX $6,882,857.50 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, ALLCO, LLC, in the base bid amou nt of $6,847,514.00. A total of 365 calendardays are allocated for completion of the project. Funds will come from the Community Investment Plan — Street Rehabilitation Program. Approval of the resolution. COU n cilmernber Feldsch aU moved to APPROVE A RESOLUTION THAT THE CITY HEREBY APPROVES THE AWARD OF A CONTRACT TO ALLCO, LLC., OF BEAUMONT, TEXAS, 1N A BID AMOUNT OF $6,847,514.00 TO COMPLETE THE WORK AND MATERIALS FOR THE STREET REHABILITATION CITYWIDE -PHASE V (REBID) PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH ALLCO, LLC., OF BEAUMONT, TEXAS. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Minutes — November 7, 2023 RESOLUTION 23-338 3. Council tocon sidera resolution renewing a con tract with TMT Utilities, Inc., forth Citywide Emergency Water Main Repairs II. On August 15, 2023, the City of Beaumont issued a Mandatory Water Restriction as determined by Stage 3 of the DroughtContingency Plan due to the excessive heatand lack of rain. The excessive heat and lack of rain has caused multiple water mains to burst, causing blowouts throughout the city. The blowouts must be repaired immediately to conserve the already limited water consumption deemed mandatory throughout the City, alongwith maintaining adequate water pressure perstate regulationsfor public health and safety, On September 26, 2023, by Resolution No. 23-269, the City Council awarded a contract to TMT Utilities, Inc. foremergencywater main repairs in theamountof $100,000 with an option to renew one (1) time. TMT Utilities, Inc. has completed the first $100,000 of work closing outth e first contract. Due to the fact that the number of outstanding water main repairs continues to be higher than normal, staff recommended that the agreement be renewed and not to exceed $100,000. Funds will come from the Water Utilities Fund. Approval of the resolution. COuncilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE RENEWAL OF THE CONTRACT WITH TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS, FOR THE CITYWIDE EMERGENCY WATER MAIN REPAIRS If IN THE AMOUNT NOT TO EXCEED $100,000.00; AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A RENEWAL CONTRACT WITH TMT UTILITIES, INC., OF HUNTSVILLE, TEXAS. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 23-339 1211-:100iLOMIMC] - Council to conduct a Public Hearing authorizing ZIP to implement the Qualified Veterans Pass Program Public Hearing Opened: 2:27 p.m. Debris Clark 2825 S. 121h St. #111 Beaumont TX Charlie Crabbe 928 East Dr, Beaumont TX Minutes — November 7, 2023 Public Hearing Closed: 2:50 p.m. 4. Council to consideran ordinance authorizing implementation of the Qualified Zip Veterans Pass Program. Zip, formerly known as Beaumont Municipal Transit System, requests permission to implement the Qualified Zip Veterans Pass Program for qualified veterans to receive free fixed route and paratran sit services. Similarto Houston Metro's program, a qualified veteran underthis program isa personwhohasa service -con n ected disability rating of 50% or more, or 40% or more due to the amputation of a lower extremity or received a Medal of Valor (Air Force Cross, Medal of Honor, Distinguished Service Cross, Navy Cross or Pu rple Heart). Zip hasa partnershipwith the Veterans Administration Office to confirm such records shouldthe program be implemented. Any qualified Veteran will have their application processed within forty-eight (48) hours of receipt to the Veterans Administrative Offices. The proposed program aligns with the requirements of Harris County`s transit system, Metro. The transit system isfundedthrough acombination of riderfares, the General Fund as well as grants from the Texas Department of Transportation and the Federal Transit Administration. Approval of the ordinance. Afterdiscussion CouncilmemberDu iro asked th atthe fixed route and paratransitservicesfor Veterans not have any qualifications and thatall Veterans can ride as long asthey can prove theywere in themilitary. CouncilmemberNeiidsecond that request. The item was approved on the condition that staff come back with more information within thirty (30) days. COuncilmember ❑urio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE IMPLEMENTING THE QUALIFIED ZIP VETERANS PASS PROGRAM FOR QUALIFIED VETERANS. Councilmember Neild seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED ORDINANCE 23.085 COMMENTS Councilmembers/City (Comments can be beaumonttexas.gov) COUNCILMEMBER COMMENTS COUNCILMEMBER TEM DURIO - Manager/City Attorney comments on various matters heard or seen on the City of Beaumont website at Minutes W November 7, 2023 COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNC[LMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED -- PW I IRECTOR BARTKOWIAK -- ACM BOONE -- AGM ELLIs - CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - MAYOR WEST -- EXECUTIVE SESSION • Consider matters related to the contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The Claim of Jazma Watson 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 HEFLERBOWER & SCOTT LOT D, B27 PT LOT A, B28 12A24 AC NE PT LTA, B28 25.5A, Beaumont, Jefferson County, Texas Open sessio ° of eetfn A� Roy"Wd§t, Payor/ ) -M Tina Broussard, City Clerk at 3:00 p.m. r� Mp�✓ 004+ Minutes — November 7, 2023