HomeMy WebLinkAboutMIN OCT 03 2000 M E N U T E 0 ° CETY 01P 1BE-kUMO N 1L
Lulu L.Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern
Andrew P.Cokinos CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson October 3, 2000 Audwin Samuel
Lane Nichols,City Attorney Stephen J.Bonczek,City Manager Barbara Liming, City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on October 3, 2000, 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
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items
• Consent Agenda
Mayor Moore called the meeting to order at 1:35 p.m. The Reverend Dan Reid, Associate Pastor
of Calvary Baptist Church gave the invocation. Mayor Moore led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, Samuel, and Patterson. Also present were: Stephen J. Bonczek, City Manager;
Dean Johnson, Assistant City Attorney (left at 3:10 p.m.); Lane Nicholas, City Attorney (arrived at
3:10 p.m.); and Barbara Liming, City Clerk.
* Presentations and Recognitions
Three proclamations were issued: "Breast Cancer Awareness Month," October, 2000 (Kandace
Krueger, Ms. Texas USA 2001, her mother, Barbara Krueger, a breast cancer survivor, American
Cancer Society representatives Rebecca Berry and Debbie Falgout, and Regina Rogers and
Christy Nunn representing the Gift of Life organization,were presentto acceptthe proclamation and
promote awareness of breast cancer); 'YMBL South Texas State Fair Days,"October 5-15-2000;
and "American Music Day," October 6, 2000.
After proclaiming October as "Breast Cancer Awareness Month" and positive comments received
from recipients and volunteers about strides made in consciousness and detection of breast
cancer, Councilmember Samuel compared a negative article printed in Self Magazine about
Beaumont/PortArthur being the least desirable cities in which women should live to the tremendous
efforts testified to today indicating that Beaumont is an excellent city for women and everyone to
live. Mayor Moore added comments about statistics, focusing on weaknesses to improve them,
and issues addressed and appropriate actions taken. He thanked all the ladies for their efforts,and
said Beaumont is a great place in which to live and will only get better because where people are
focusing, awareness is created.
Police Office David N. Henry, executive director for PAL (Police Activities League) explained the
full scope of the program being an alternative to negativity for teens and announced that an
amateur boxing event will be held at the South Texas State Fair on Saturday, October 3, 2000.
Boxing teams from all over Texas and from Louisiana will be featured with world class amateur
boxers competing in a USA Boxing sanctioned event. Officer Henry introduced Exxon/Mobil Plant
Manager John Taormina and Public Relations Director Kathleen Jackson. Chief Tom Scofield
expressed appreciation to Officer Henry as director of the PAL program and to Exxon/Mobil for their
sponsorship. Mr. Taormina presented a check in the amount of$5,000 to Chief Scofield to help
underwrite the PAL program. Mayor Moore voiced gratitude to those working and promoting the
program and to Exxon/Mobil for their interest and support of this community effort.
Mr. Lou Cappi with the City's Recreation Division explained the Summer Youth Track Program and
introduced Coaches Pat Milton and Roy Washington. Coaches Milton and Washington explained
the program and the "Harold Smith Memorial Award" in more depth. Recipients of awards were
introduced and given opportunity to speak about the importance of the program to them. Mayor
Moore presented the"Harold Smith Memorial Award"to the outstanding 13-14 year old athletes to:
Male—Corneel Boulard and Female-Sara Olayiwola; and the "Texas Amateur Athletic Federation
(TAAF)Beaumont Male& Female Athlete of the Year"award to: Sara Olayiwala and Jerry Lapoint.
Jerry's mother, Mrs. Lapoint, accepted the award for her son who is attending the University of
Kansas. Mayor Moore expressed pride in the tracksters for both their athletic and academic
achievements and encouraged them to remember today, to work hard, and to remain focused on
their goals. Parks and Recreation Director Luke Jackson lauded the program and personnel,
voiced appreciation to the parents, and said the tracksters are true ambassadors for Beaumont
when they are away from home competing.
* Public Comment: Persons may speak on scheduled agenda items.
Citizen comment was invited on the Consent and Regular Agenda.
Ms. Gethrel Williams,4495 Fortune Lane, addressed Council to ask clarification of contribution rate
changes for medical plans on Item No. 1 being for employees or for the City, the effective date,the
authority to raise the rate, the employee contribution amount, and to thank Councilmember
Patterson for her efforts with the Virginia Street project. The City Manager explained that rate
changes are for both the City and employees and is to become effective January 1, 2001, said
these items are approved in the budget and brought back for Council approval, and that the
employee's contribution is 12 percent of the total medical plan cost.
Mayor Moore requested that answers to citizen questions be held until the item is formally
addressed.
Police Sergeant Paul Perritt, 3194 Jamestown, addressed Council regarding Agenda Item No. 1
to state that he feels the $12 increase for employee medical coverage is fair, but requested that
Council not consider increasing the medical cost to retirees. To some retirees,Sergeant Perritt said
the increase would equate to 43 percent or$127 per month over the last two years. He said seven
retirees entire check is less than insurance,37 percent of retirees receive less than$500 per month
before taxes, reiterated his request for no increase for retirees, but at least not more than the $12
for civilian employees.
* Consent Agenda
Minutes;October 3, 2000;Page 2
Approval of the minutes of the regular meeting held September 12, 2000
Confirmation of committee appointments - No appointments made.
A) Authorize the acquisition of property in the Jirou Addition forthe Neighborhood Revitalization
Project (Lot 10, Block 13, Jirou Addition, 1340 Harrison Street, for appraised value of
$2,500 from Kenneth Ray Williams and Judy Williams) - Resolution No. 00-244
B) Accept improvements constructed in Barrington Heights, Phase III for city maintenance -
Resolution No. 00-245
C) Approve amending the Management Agreement with the Beaumont Council of Garden
Clubs (BCGC) to increase the management fee to $2,000 per month for maintenance and
operations of the Beaumont Botanical Gardens - Resolution No. 00-246
D) Approve an adjustment to compensation and retirement benefit contributions including a
severance provision for the City Manager for FY 2000 - Resolution No. 00-247
Councilmember Smith moved to approve the Consent Agenda. Councilmember Samuel
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, Samuel and Patterson
Noes: None
GENERAL BUSINESS
1. Consider granting the City Manager authority to implement the contribution rate changes for
employees and retirees in the medical plans
The City Manager introduced a resolution to increase civilian, civil service employee, and
retiree contributions for medical coverage because of increased premiums. Currently, the
City pays 88 percent of the cost and civilian employees pay 12 percent. Shared cost of the
increase results in a $12 per month increase to employees. Employee with one dependent
costs would increase from $72 to $84 per month, and with more than one dependent, from
$102 to $114. Civil Service employees currently pay $22 and their cost would increase by
$12 bringing their rate to $34 per month. Retirees are allowed to continue coverage until
age 65. Currently, there are 148 retirees and 8 Cobra participants. Since 1992, Police and
Fire retirees are subject to cost increases. A single retiree's rate is 69 percent of the Cobra
rate; a single plus one is 58 percent; and for a family 54 percent. Their increases will vary
from $10 to $40 per month.
Council discussion began with Councilmember Cokinos questioning the increase for retirees
and speaking in support of not increasing their share of the increase.
Minutes;October 3, 2000;Page 3
Councilmember Samuel questioned the total budget cost of the increase to employees and
the ratio used for civilian and civil service employees. He was advised the increase to
employees would be $140,000, and that the ratio for civilian employees is 88 percent to 12
percent. In the past civil service employees did not share in medical increase costs, but in
recent contract negotiations, they have agreed to pay a lesser cost and be subject to
increases. They pay$22 per month and incur the$12 increase for a total of$34 per month.
Councilmember Samuel voiced pleasure in public comments received about the service
provided by City employees, addressed the City's lack of ability to compete with industry
wages, police and fire employees having representation,and solicited Council consideration
of reducing the contribution of employees to $6 instead of $12 per month and finding
$70,000 to offset the budget impact. He spoke about concerns of assuring that each child
have adequate medical coverage and the desire to be exemplary in that area for City
employees.
Additional lengthy discussion included budget constraints,the percentage of retiree benefits
used for medical coverage, the number of employees with retirement benefits under$500,
the City's increased share near$740,000, concerns for employees and increased medical
coverage cost, and increased cost possibly causing families to cease coverage for children.
Councilmember Smith stated that in comparison to other plans, the City is very generous in
paying 88 percent of medical coverage. Councilmember Samuel expressed difficulty in an
employee on a garbage truck viewing his importance being less than that of a police or fire
employee on the basis of City participation for medical coverage. He spoke of other risks,
showing appreciation to all employees, and reiterated that fire and police employees have
a bargaining agent. Continued discussion included disclosure that only two people
responded to a CHIP (Children's Health Insurance Program) meeting, and questions about
the average contribution by industry employers and employees. Mayor Moore asked for
verification of the percentage retiree benefits use for medical coverage, and if the longevity
increase proposed will absorb the medical rate increase, and Mr. Bonczek confirmed that
the longevity increase would more than offset the rate increase. Councilmember Samuel
also asked what pay increase percentage in the budget would be offset by medical rate
increases for employees at the low end of the pay scale and the number of retirees that
would have 15 percent or more of their check paying for medical coverage with the cost of
living adjustment. At the request of Councilmember Cokinos, Sergeant Paul Perritt again
submitted information received from a TMRS report. Sergeant Perritt also stated that he is
before Council to represent civilian employees at their request,and Councilmember Samuel
thanked him for being a good representative for all employees.
Interim Human Resources Director Sue Dismukes informed Council that the City would not
allow employees to cease medical health coverage for their families without proof of
coverage through another plan or a life status change. She also informed Council that the
rate information provided in their packets have increased from Memorial Sisters of Charity
rate of$10.28 to the $200, $499, and $649. The City was under a three-year contract with
MSC, and the rate remained firm for that period. She explained that a lot of the retirees are
on Social Security and received Medicare benefits at age 65. She said the low benefit rates
are probably those who have been retired for a lengthy period of time. Ms. Dismukes told
Council that the Human Resources Department performed a survey with cities of
comparable size in March, 2000, and that the City of Beaumont's proposed rate for
employee contributions for medical coverage is lower.
Minutes;October 3, 2000;Page 4
The item was deferred for one week to allow staff to analyze and provide the additional
information requested.
(City Attorney Lane Nichols arrived and Assistant City Attorney Dean Johnson left the
meeting.)
2. Consider authorizing a one year contract with the Art Museum of Southeast Texas in the
amount of$185,000
Councilmember Smith moved to approve Resolution No. 00-248. Councilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, Samuel, and Patterson
Noes: None
(Councilmember Samuel left the Council Chamber at 3:12 p.m.)
3. Consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC)
in the amount of$140,000
Councilmember Smith moved to approve Resolution No.00-249. Mayor Pro Tern Goodson
Goodson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, and Patterson
Noes: None
(Councilmember Samuel returned to the Council Chamber at 3:14 p.m.)
4. Consider authorizing a one year contract with the Texas Energy Museum in the amount of
$90,000
Councilmember Cokinos moved to approve Resolution No.00-250. Council member Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, Samuel and Patterson
Noes: None
5. Consider authorizing a one year contract with the Beaumont Heritage Society/John Jay
French Museum in the amount of$40,000
Councilmember Cokinos moved to approve Resolution No.00-251. Council member Ames
seconded the motion. MOTION PASSED.
Minutes;October 3, 2000;Page 5
Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith,
Cokinos, Ames, Samuel, and Patterson
Noes: None
WORK SESSION
* Review proposed changes to the Food and Food Establishments Ordinance
Health Services Manager Kathy Scofield reviewed an in depth recommendation by the
Public Health Department for adoption of Texas Food Establishment Rules as shown in
Exhibit "A." In addition to their recommendations, she discussed deletion of obsolete food
codes, background information, explanation of TFER, major changes, modifications and
proposed implementation of TFER.
(During the Work Session, Mayor Pro Tern Goodson left the Council Chamber at 3:15 p.m.
and returned at 3:17 p.m. Council member Ames left at 3:18 p.m. and returned at 3:21 p.m..
Councilmember Patterson left at 3:24 p.m. and returned at 3:28 p.m. Councilmember Smith
left the Council Chamber at 3:35 at the end of the Work Session presentation.)
COMMENTS
* Councilmembers comment on various matters
Mayor Pro Tern Goodson stated that we needed to look no further than the guest column
in the Beaumont Enterprise to read a "negative, malicious, and totally unfounded article
about our city." He distributed to Councilmembers copies of what"is unfortunately referred
to...as a disparity study, an apparent acknowledgment of the lack of propriety and parity
between spending in parts of the city." produced in 1998 and updated recently. Mayor Pro
Tern Goodson said he prefers to title the document a parity study because it shows an
acknowledgment of community needs by this and previous Councils. He expressed
disappointment in the information submitted by the guest columnist being perceived by the
community, particularly,since the document shows that in a period of nine years, 70 percent
of Public Works General Fund monies was spent in the Wards he addressed. Mayor Pro
Tern Goodson said 80 percent of General Fund Capital Fund improvements was spent in
Wards 3 and 4 and almost 60 percent of Street Rehabilitation funds. As a Councilmember
of ten years recognizing needs of the community are different and greater than those in his
Ward, and supporting most of them, Mayor Pro Tern Goodson said he considers this article
without any basis of reality or fact as not only an affront to him, but to the entire City Council.
Councilmember Cokinos also expressed dissatisfaction with the article and to being placed
with Port Arthur as being one of the two most health-hazardous cities for women to live.
Councilmember Ames clarified that the article about which Councilmember Cokinos spoke
was in Self Magazine, and the one referenced by Mayor Pro Tern Goodson was the guest
article in the Beaumont Enterprise which basically said, "we stink here at City Hall." As
stated by Councilmember Patterson previously, she said we can't believe everything we
read, and is certainly true relative to this article. As a Councilmember, she said a lot of low
Minutes;October 3, 2000;Page 6
blows are taken, they have to listen to untruths and try to make things work. She said this
is part of the job of elected officials, but the article is beyond the limits. It is totally wrong and
insults the total Council, even though it does compliment two members. She stated that she
does not think they would agree with the article and wishes the Enterprise would print the
study to possibly hold in tow these kind of accusations. Councilmember Ames expressed
strong feelings about the denouncement because she and other Councilmembers have
worked diligently during the past six years to look at the needs of the whole city. She said
the writer is totally uninformed and apparently has not spent time researching the subject.
She said she could not sit quietly today because this is a complete insult questioning
Council's character and ethics, and she has a major problem with the accusations.
(Councilmember Smith returned during Councilmember Ames' comments.)
Councilmember Samuel said he missed reading the article in the Beaumont Enterprise, but
this is not the first time he has heard statements to that effect. Since being on Council, he
said he has had a share of good and bad, and would like the Enterprise to print the
percentages for everyone to see. He said it is upsetting to read distortions and
misrepresentations, but said he is learning to take it as it is. Council knows what they're
doing; they're trying to be fair to everyone in the city. Referencing the article in Self
Magazine, he said he will not be deterred by what anyone says on the streets. He stated
that he knows his Council colleagues' hearts are in the right place, even when they don't
agree on issues. He said they are "agreeable in not agreeing," and has seen that they
always try to do what is in the best interest of the city. Because he was on the good end of
the article, Councilmember Samuel stated that he was not quite as sensitive to the issue,
and said he has seen Council's work, appreciates it, and knows they try to look out for the
overall good of the city.
Councilmember Patterson announced that the Pear Orchard Neighborhood Association will
hold their meeting Tuesday at 6:30 p.m. at Our Mother of Mercy Catholic Hall and thanked
attendees and participants of the Voter's Registration Contest and the Meet the Candidate
Forum, and thanked the League of Women's Voters for their assistance. She announced
that the Forum will be aired on Channel 4 at 7:00 p.m.Thursday. Councilmember Patterson
said she makes no apology for her past statements and cannot apologize for the Beaumont
Enterprise guest columnist's statements. She acknowledged that Ward 3 and Ward 4 have
received a lot of improvements, but said her comments at a past Council meeting addressed
23rd Street and Mercantile Street,said she does not understand the correlation of the writer's
column, and takes no ownership of the comments. As a Councilmember, she stated that
she feels they have worked well together. She is only one vote, and without the support of
the remainder of Council, the accomplishments in Ward 4 would not have been possible.
Councilmember Smith articulated her feelings that the article was very inflammatory,totally
off the wall without any basis and behooves all Councilmembers to stand up, no matter who
is being lambasted. She stated that the article makes all of Council look bad, and to allude
that a terrible smell of corruption of wrong doing was very offensive to her. She expressed
resentment to the comments and again reiterated that it behooves all seven
Councilmembers to speak up and denounce tolerance of such comments.
Minutes;October 3, 2000;Page 7
Mayor Moore added comments about some of the basis of the article in Self Magazine being
the number of cigarettes women smoke, being recognized as a metro-community with Port
Arthur, and summed up comments of Council by stating that it is the responsibility of this
governing body to continue to move Beaumont forward. This is done by working together,
listening to each other, focusing on what is shared by constituents in neighborhood
association meetings and other civic functions who genuinely care about the community.
That should be the measure of progress in which Council should be concerned. Mayor
Moore said statistical numbers speak for themselves. Looking at where dollars have been
spent indicates that the sensitivity of Council has been very, very good. Not every project
has been attainable, but Council has decided to always have a current project in every
Ward. More money is being spent in older communities because it is needed there.
Standards are higher than in the past and corrections are being made in older areas. In
driving through the city, Mayor Moore said there are ditches in every Ward, and streets in
every Ward in constant repair. He instructed Council to keep focusing on moving the
community forward; openly accept the criticism, but invite those who criticize to become a
part of the solution. In continuing to move the community forward, Mayor Moore said that
in looking at the end of the horizon or the end of the day, we will have a much better
community than some want to give credit for, but said there is still room for improvement.
* City Manager's Report - Police Department Updates, Water Customer Service Initiatives
and Beaumont Municipal Transit Operations
Mr. Bonczek reported that the Police Department SWAT Team attended a competition in
Baytown and finished third out of 23 teams. Water Customer Service issues have been
addressed, said the City is committed to its customers, and that the telephone facility is
being increased, a printing error has been addressed, the direct debit procedure has been
adjusted, and customers will be reconnected if payment is received before 4:00 p.m. Also,
the SWAT Team executed a search warrant and confiscated crack cocaine and
approximately$19,000. The General Manager of the Transit System has taken disciplinary
steps relating to bus driver actions and stop sign violations.
* Public Comment (Persons are limited to three (3) minutes)
Mr. Leroy Lewis, III, 1201 Euclid, addressed Council regarding homeless people sleeping
on bus stop benches, distributed pictures of a person sleeping on a bench, and reported
lights out on Eastex Freeway driving toward Parkdale Mall and on Dowlen Road. He also
inquired about street repairs on Calder Street in front of Market Basket, said there is drug
and prostitution activity in Ward III, and dilapidated structures need to be torn down at 1323
Magnolia, 1875 Grand, 1853 Grand, the house on the corner of Magnolia and Peach, 2397
Magnolia,4350 Magnolia, 1364 Magnolia, 1051 Magnolia and 1053 Magnolia,and that 3215
Magnolia and 3335 Magnolia are eyesores.
Mr. Charles Johnson, 5030 Wilshire,addressed Council to request a ten minute meeting with
Mayor Moore, Councilmember Samuel, and City Manager Bonczek. He stated that seven
City of Beaumont employees have negatively impacted his family and he would like to rectify
the situation. Mr. Johnson complimented the disciplinary actions taken by the Transit
Minutes;October 3, 2000;Page 8
System Manager, and encouraged Council to keep their minds open regarding problems in
the city.
There being no other business, the meeting adjourned at 3:59 p.m.
David Moore, Mayor
-dwv-� - -
Barbara Liming, City Clerk
Minutes;October 3, 2000;Page 9
Beaumont Public Health Department
Adoption of Texas Food Establishment Rules (TFER)
I. Recommendation:
A. Health Department recommends that Council consider an amendment to the existing "Food&
Food Establishments" Ordinance, Chapter 11; Sec. 11-1, by adoption of the Texas Food
Establishment Rules (TFER).
Staff recommends that the model code be adopted by reference, with some modifications that will
be discussed later.
B. Staff also recommends the deletion of the following obsolete food codes:
Chapter 11, Art.I; Sec. 11-3 (Health Certificates)Health Dept.no longer issues
Article II (Dairy Products)Not enforced
Article III (Meat& Poultry)Not enforced
Article V (Retail Food Store Sanitation Code). Will become obsolete upon adoption of new code.
Il. Background:
A. Texas Food Establishment Rules (TFER) is a comprehensive set of rules for the regulation of
all retail food operations.
1. These rules are based on 1997 FDA Model Food Code
2. The rules were adopted by the Texas Board of Health on September 11,1998 and
became effective October 6, 1998.
3. TFER eliminates the need for separate forms and standards for food service and retail
food operations, thus streamlining and simplifying the inspection process.
4. These are the minimum standards for all retail food establishments in the state, whether
they are under city, county, or public health district jurisdiction.
B. This was the first substantial revision of the Texas Rules since 1985 when the Board of Health
passed the "Rules on Retail Food Sanitation". (Model code for retail establishments)
C. These new rules combine the "Rules on Food Service Sanitation" and the "Rules on Retail
Food Sanitation" into one document. They also integrate the latest in food safety science and
technology.
1. The new rules also combat the increased threat to public health due to emerging food
pathogens & increased incidence of food borne illness.
2. Most importantly, the new rules are "science based". TFER focuses on the control and
EXHIBIT "A"
prevention of food borne illness through process-oriented food management techniques.
A new Food Establishment inspection form has been developed to replace the traditional 44
item inspection form originally created by the FDA. The proposed inspection report focuses
on critical items where contamination,cross contamination,pathogenic growth or pathogenic
survival can occur, not on issues outside the flow of food within the operation.
3. The new form is based on the HACCP methodology which stands for Hazard Analysis
Critical Control Points. In other words,the new form focuses on those items most likely to
contribute to foodborne illnesses.
D. The city's existing food establishment ordinance (Chapter 11, Art. l) was adopted by the city in
February 1984. At that time, the city adopted by reference, with some modifications, the Texas
Department of Health 1976 "Rules on Food Service Sanitation." Since that time, food technology
has changed significantly. The new state rules address current issues in the food industry.
1. This ordinance regulates all food service establishments operating in the city including
restaurants, beverage establishments, mobile food units, schools, day care centers, etc.
Currently there are approximately 1,000 Licensed food establishments in the city.
(Total includes approximately 250 temporary establishments)
2. In May 1985,the city also adopted the state"Retail Food Store Sanitation Code"(Chapter
11; Art. IV) which regulates retail food establishments, such as grocery stores and
convenience stores.
E. The Texas Food Establishment Rules (TFER)were created by the Texas Department of Health
to replace the existing but separate codes for different types of business establishments offering
ready-to-eat foods to the public.
Types of businesses that are regulated by TFER include: restaurants, grocery stores, caterers,
convenience stores, mobile food vendors, temporary food vendors and many others.
F. Current issues are addressed. The new state rules address current issues in the food industry.
1. Consolidation of these rules simplifies the job of the sanitarians and focuses the
attention of both the sanitarian and the food establishment operator on factors closely related
to food-borne illness.
2. TFER focuses on the identification of food contamination risks, bacterial growth, and
bacterial survival in foods rather than focusing on aesthetics. (dirty floors,walls,etc.)
G.TFER provides a comprehensive tool for all retail operations.
1. Eliminates the need for separate forms and standards for food service and retail food
operations, thus streamlining and simplifying the auditing (inspection)procedures.
2. Brings Texas codes into alignment with the new FDA model food codes.
3. Combats the increased threat to public health due to emerging food pathogens and
increased incidence of food-borne illness.
4. Rules are"science-based"and focus on the control and prevention of food-borne illnesses
through process-oriented food management techniques.
5. Proposed inspection report focuses on critical items where contamination, cross
contamination, pathogenic growth or pathogenic survival can occur, not on issues outside
the flow of food within the operation.
6. Inspection report was developed by the Retail Foods Division of the Texas Department
of Health. As mentioned,the new form is "HACCP based"which means that it is "process
oriented". The inspection report is based on a demerit system rather than percentage rating
of non-violations.
III. What is TFER?
A. To understand what TFER is, it may be helpful to first understand what TFER is not.TFER does
not require the following:
• No mandatory glove rule (Use of gloves is one option for handling ready-to-eat
foods)
• New rules are not HACCP,(don't require a HACCP plan for every operation)but the
new rules are based on HACCP principles.
• Refrigerated holding temperatures are not 41 degrees yet.New coolers must maintain
food at a minimum internal temperature of 41 degrees. All existing refrigeration
needs to be upgraded by October, 2003 with the exception of in-line refrigeration,
which may be kept for the life of the refrigerator.
• No mandatory Food Protection Manager Certification, but the on site person in
charge must be knowledgeable. Certification and/or correctly responding to the
inspector's questions fulfills the knowledgeable requirement. However, (The City
of Beaumont does have a separate section of the ordinance, Chapter 11; Article IV,
requiring mandatory Food Manager Certification) We Propose to keep this.
• No mandatory consumer advisory on order: Customers can still order eggs sunny-
side-up and hamburgers medium-rare without establishments having to warn the
customer about attendant health risks. The exception is raw molluscan shellfish such
as oysters, mussels and clams.
IV. Major Changes
A. Some of the major changes in the proposed rules are listed as follows:
• TFER combines the two existing food codes (Food Establishment Code and Retail
Food Store Sanitation Code).
• New Critical Inspection form-The new inspection form focuses on critical violations
associated with food borne illness and ranks these violations based on levels of risk
to the consumer.
• TFER returns to a demerit system rather than a percentile rating of non-violations.
Point values are deducted on risk levels associated with each violation.
• The new rules (TFER) will affect changes in some operational procedures:
Advisory requirements- There are customer advisories required for molluscan and
self-serve buffets.
Holding&storage requirements-Some procedural requirements for cold storage and
holding temperatures have changed.
Some minimum final preparation temperatures have changed,some have been added.
Specific requirements for handling ready-to-eat potentially hazardous foods.
• Employee health issues are addressed.
More specific requirements have been adopted for workplace exclusion or restriction
of employees that are diagnosed with infectious food-borne illness or that exhibit
symptoms related to food-borne illness.
• Some definitions have changed or been added. Change in consumer demands and
food technologies have introduced new products. Scientific research has recognized
new risks and introduced new standards.
• Handling Procedures: Some changes have occurred for safe handling of food.
Date marking will be required for refrigerated,ready-to-eat,and potentially hazardous foods.
Allows Time as a public health control
V. Modifications to TFER
A. Staff proposes some modifications to the existing state rules. These proposed modifications are
included in councils packet.
B. Proposed Modifications are:
1. Added definitions: seasonal food establishment, special food service establishment
2. Changed definitions: child care center,food establishment, regulatory authority
3. Change in grease trap requirements: requiring grease traps to be located outside the
building of a food establishment
4. Compliance and Enforcement: Added permit requirements. Note:Also added that a food
establishment co-located within a retail establishment must obtain a separate permit or
license.
5. Conditions for permit retention:Added provisions for temporary suspension of a permit
by the regulatory authority for failure to comply with the requirements of the ordinance.
Added provisions for revocation of a permit and opportunity for a hearing if a permit is
revoked.
6. Report of findings:Added a grading and placarding requirement. Txn representatives requested
that we retain our current placard system.
7. Examination & detention of food. Added provisions that will allow the regulatory
authority to examine suspect food, to detain contaminated food and to require
condemnation of any food which is found to be unsound or unsafe for human consumption.
8. Review of plans. Added a section that requires new food establishments & existing
establishments that are extensively remodeled to submit plans for review by the regulatory.
authority.
Also added a sections that requires pre-operational inspections to determine compliance
with the approved plans and specifications prior to a food establishment beginning
operation.
VI. Proposed Implementation of TFER
A. Staff training
B. Group meetings with representatives from the food industry
C. Mail outs to food industry; media coverage
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D. Conferences & training sessions with individual food establishments
E. Presented to Food Manager's as part of our Food Manager Certification Program
(We have been doing this for approximately 12 months)
VII. Summary
A. Reducing the incidence of food-borne illness is a continuing challenge to public health
professionals and the food industry.
1.The most effective tools for preventing food-related disease are science-based food safety
management systems and science-based regulations combined with education and training.
2. Adoption of the proposed Texas Food Establishment Rules will help provide staff with
these needed tools.
B. Staff has met with representatives of the local chapter of the Texas Restaurant Association and
has obtained their support of the proposed amendments.
VII. Budgetary Impact
A. Staff does not anticipate that adoption of the new rules will have any budgetary impact.
B. All health fees, including food permit fees,were increased in January 2000. Therefore, revenues
collected for food and food establishment permits should remain the same.
C. Staff recommends that the proposed rules be amended to require establishments that have
different types of operations (ie. Bakery or deli inside a grocery store)to obtain separate permits for
each type of operation.
VIII. Questions & Answers
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