HomeMy WebLinkAboutMIN NOV 09 1999 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos
Guy N. Goodson CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson NOVEMBER 9, 1999
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 November 9, 1999,
at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:35 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. Pastor Lowell Whited, South Park Church
of Christ and Student Center, gave the invocation. Mayor Moore led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Councilmembers Goodson, Cokinos, Ames, and
Patterson. Councilmember Smith was absent. Also present were: Stephen J. Bonczek, City
Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk.
*Presentations and Recognitions - No proclamations were issued.
Mr. Harry Woods and Mr. Roger Dimick with the Lamar Institute of Technology introduced German
exchange students and Mayor Moore presented them with honorary citizenship cards from the City
of Beaumont.
Carolyn Chaney, our budgetary representative in Washington, D.C. presented information
regarding economic events of the past year. She commended Council for their role in helping to
acquire funds for the City of Beaumont over the past year, outlined last year's work plan, including
transportation and other community projects that enhanced the Community Development Block
Grant program, and spoke of obtaining tax credits for Hotel Beaumont. Ms. Chaney also
commented on collaborating with the Public Works Department and the City Manager to develop
a program for a new bus facility, spoke of Councilmembers helping to acquire one million dollars
for buses and a transfer center by lobbying senators last March, and spoke of Senator Hutchinson
assisting in acquiring $500,000 for area projects. She mentioned working on a Section 108 Loan
Guarantee program, spoke of macro levels, the Mayor signing a letter for the Land and Water
Conservation Fund in an attempt to access funding from the State, and listed possible projects for
next year that include the Criminal Justice Training Center, the Summer Youth Program, the
dredging project, railroad relocation to open parts of the Port of Beaumont to bring in more jobs,
storm water funding, continuing to build the transit system, obtaining additional buses, and work
force development.
The Mayor, City Manager, and Councilmembers thanked Ms. Chaney for her work for the City.
Mayor Moore commented on the concern of citizens regarding the filling of the Councilmember
vacancy in Ward III, and invited individuals with an interest in serving to submit a letter of interest
or a resume to his office by noon on Friday.
*Public Comment: Persons may speak on scheduled agenda items.
Citizen comment was invited on the Consent Agenda and Regular Agenda Items 1-10.
Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to funding for the L.L. Melton YMCA,
and the nomination of C.L. Sherman to the Appraisal District Board of Directors. Mr. Lee
commented that a suit and an injunction will be filed in an attempt to prevent the City from funding
the L.L. Melton YMCA project, spoke of the uncleanliness of the bathrooms in the transit center,
writing an article for the Beaumont Enterprise, outlined suggestions for the process of filling the
vacancy in Ward III, and spoke about items that should not be placed on the Consent Agenda.
Consent Agenda
Approval of the minutes of the workshop meeting held November 2, 1999.
Confirmation of committee appointments (John Johnson to the Planning Commission, and
Diane Riley to the Sister City Commission, for terms expiring November 8, 2001) -
Resolution 99-323.
A) Approve a change in investment authority of the City of Beaumont(Stephen J. Bonczek, City
Manager, Beverly Hodges, Finance Officer and Kandy Daniel, Treasurer, to be designated
as investment officials) - Resolution 99-324
B) Approve an increase in the charge for photocopy services for non-library card holders
($10.00 handling charge per request plus the normal copying charges)- Resolution 99-325
C) Approve a change in signatories for the Memorial Sisters of Charity Employee Benefits
Account at Hibernia National Bank (D. Michael Elliott, Nancy Horstmann, Stephen J.
Bonczek, Kandy Daniel, Beverly Hodges, and Kyle Hayes) - Resolution 99-326
D) Approve a bid for a five-year financing agreement for the purchase of two International 8100
4 x 2 cab and chassis equipped with 45 cubic yard trash hauling bodies (Banc One Leasing,
at a fixed rate of 5.39%) - Resolution 99-327
E) Approve an annual contract for the purchase of asphaltic concrete for use by the Public
Works Department, Streets and Drainage Division (APAC-Texas, Inc., estimated total of
$86,325) - Resolution 99-328
F) Approve an annual contract for the purchase of sand cement for use by the Public Works
Department, Streets and Drainage and Water Utilities Divisions (with Transit Mix, Inc.,
estimated total of$79,500) - Resolution 99-329
G) Approve an annual contract for medical laboratory services (Christus St. Elizabeth Hospital
Lab, estimated annual expenditure of$30,837) - Resolution 99-330
H) Authorize Joseph G. Majdalani, Water Utilities Manager and Tom Warner, Public Works
Director, to sign wastewater discharge permit applications and monthly operating reports -
Resolution 99-331
Minutes;November 9,1999;Page 2
1) Authorize the granting of a License to Encroach and accepting a utility easement on Lot 1,
Block 14, Mary Howell Third Addition (Owen and Shannon Hayes) - Resolution 99-332
J) Approve the acquisition of property for the Walden Road Improvement Project (Parcel 16:
5405 Walden Road (0.5139 of an acre)from Petro Stopping Centers, L.P., in the amount of
$108,567) - Resolution 99-333
K) Approve the acquisition of property for the Concord Road Improvement Project (Parcel 94:
4301 Concord Road (0.066 of an acre), from Wilma L. Gibbs, in the amount of $9,805) -
Resolution 99-334
L) Authorize payment of a claim in the amount of$21,500 (Sherri Query) - Resolution 99-335
M) Authorize a payment for annual membership dues to the South East Texas Regional
Planning Commission (in the amount of$20,004.48) - Resolution 99-336
N) Authorize additional compensation for the City Attorney and City Clerk- Resolution 99-337.
O) Accept the Grand Recap of the tax roll for the tax year 1999 (taxable value of
$3,701,491,226) - Resolution 99-338
Councilmember Ames moved to approve the Consent Agenda. Councilmember Patterson
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Goodson, Cokinos, Ames, and
Patterson
Noes: None
GENERAL BUSINESS
1. Consider casting votes for C.L. Sherman for election to the Jefferson County Appraisal
District Board of Directors
Councilmember Goodson moved to approve Resolution 99-339, authorizing the casting of
the City of Beaumont's 413 votes for C.L. Sherman for election to the Jefferson County
Appraisal District Board of Directors. Councilmember Ames seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames, and
Patterson
Noes: None
2. Consider approval of contracts between the City of Beaumont and Statewide Consolidated
Community Development Corporation, Inc.
In response to Councilmember Goodson's queries, Mr. Richard Chappell, stated that the
auditing firm must submit an acceptable engagement letter which does not come back to the
Minutes;November 9,1999;Page 3
City Council for approval, the auditors selected have been accepted by the City's internal
auditor as well as HUD. The City's Housing Department performs desk monitoring to audit
various aspects of contracts, offers home buyer counseling that includes education and
training in ways to increase income, improve credit ratings, and provide post purchase
counseling. Mr. Chappell also stated that in selecting properties for rehabilitation, an
appraisal, cost estimate for construction of repairs, and estimate of total project cost is
obtained on older vacant at-risk properties. Further discussion included the City Attorney
stating that there is a requirement in the contract that companies involved must follow the
City's procurement procedures.
Councilmember Cokinos moved to approve Resolution 99-340, authorizing contracts with
Statewide Consolidated Community development Corporation, inc. in the amounts of
$78,000 for home buyers' counseling in targeted neighborhoods; $125,400 to acquire,
rehabilitate or reconstruct four (4) houses in targeted neighborhoods; $126,000 to provide
home buyers' assistance for up to ten (10) homes in targeted neighborhoods; $176,386 to
acquire rehabilitate, or reconstruct four (4) to six (6) houses in targeted neighborhoods;
$200,000 to acquire rehabilitate or reconstruct up to seven (7) homes in the Avenues
Neighborhood; and $384,600 for home buyers' assistance for up to eleven (11) new homes
in targeted neighborhoods and CHDO administration/operating costs. Councilmember
Patterson seconded the motion. MOTION PASSED.
Ayes: Councilmembers Goodson, Cokinos, Ames, and Patterson
Noes: None
Abstention: Mayor Moore
3. Consider approval of a contract between the City of Beaumont and the Charlton-Pollard
Neighborhood Association, Inc.
Councilmember Patterson moved to approve Resolution 99-341, authorizing a contract with
Charlton Pollard Neighborhood Association in the amount of $145,000 to acquire and
rehabilitate three (3) houses and provide administrative/operating costs. Councilmember
Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Goodson, Cokinos, Ames, and
Patterson
Noes: None
In response to Mayor Moore's question about the program's monitoring process, Mr. Richard
Chappell outlined the new CHDO process, and stated that Mr. Steven Fairfield of the Fifth
Ward Redevelopment Corporation, provides consulting and technical services to this
organization.
4. Consider approval of an extension of the contract between the City of Beaumont and
Southeast Texas Community Development Corporation
Minutes;November 9,1999;Page 4
Councilmember Cokinos moved to approve Resolution 99-342, authorizing an extension to
the contract with Southeast Texas Community Development Corporation in the amount of
$262,500 until June 30, 2000, to develop eleven (11) new homes in targeted neighborhoods.
Councilmember Goodson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore,Councilmembers Goodson,Cokinos,Ames,and Patterson
Noes: None
5. Consider approval of a five-year contract with Andy Hebert for the operation of the Henry
Homberg Golf Course with an option to renew for an additional five years
Councilmember Cokinos moved to approve Resolution 99-343, authorizing a five-year
contract with an option to renew for an additional five years with Mr.Andy Hebert for operation
of the Henry Homberg Golf Course in Tyrrell Park, effective January 1, 2000. Councilmember
Ames seconded the motion. MOTION PASSED.
Ayes: Mayor Moore,Councilmembers Goodson,Cokinos,Ames,and Patterson
Noes: None
6. Consider a resolution to provide for the reimbursement of costs incurred prior to issuance of
revenue bonds or othertax exempt obligations to finance the expansion,repair,renovation and
related improvements to the water and sewer system
Councilmember Goodson moved to approve Resolution No. 99-344. Councilmember Ames
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore,Councilmembers Goodson, Cokinos,Ames,and Patterson
Noes: None
7. Consider a resolution requesting a change to the City of Beaumont Investment Policy
Councilmember Goodson moved to approve Resolution 99-345 amending the City's
Investment Policy, Councilmember Patterson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore,Councilmembers Goodson,Cokinos,Ames,and Patterson
Noes: None
8. Consideran amendment to the Code of Ordinances establishing new boundaries to the existing
portion of Avenue A having a 45 M.P.H. speed limit
Councilmember Cokinos moved to approve Ordinance 99-88. ENTITLED AN ORDINANCE
AMENDING CHAPTER 26,SECTION 26-23 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
Minutes;November 9,1999;Page 5
BEAUMONT TO REDEFINE THE BOUNDARIES OF THE EXISTING 45 M.P.H. SPEED LIMIT ON AVENUE
A. Councilmember Patterson seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Goodson, Cokinos, Ames, and
Patterson
Noes: None
9. Consider approval of a one-year contract with Eckerd Health Services for a prescription drug
benefit
In response to Councilmember Cokinos' queries, the City Manager responded that Eckerd's
mail order service is in Pennsylvania, stated that the optional four-year extension is to lock
in cost savings and reported Script Care has withdrawn their bid without giving reason.
Councilmember Cokinos further stated that a local pharmacy reported that if Script Care lost
the bid, they would be forced to close their business. The City Manager told Council that
there is no change in the pharmacy status and that the same pharmacies remain eligible.
Councilmember Cokinos requested that a representative from Script Care approach the
microphone and explain the contract and why Script Care withdrew their bid. The
representative of Script Care stated they withdrew their bid because of situations between
his company and TDI, Eckerd's Health Plan Services, not because of the City. He stated
that the vote will not be against Script Care, but to replace the contract with one with Eckerd.
(Mayor Moore left the Council Chamber at 2:30 p.m.) The Script Care representative
confirmed to Councilmember Cokinos that his company offered the same four-year extension
option and commented on similarities between their bid and the bid made by Eckerds, and
on the number of people that they employ within the city.
Councilmember Cokinos requested that Mr. Doug McMakin, of McMakin Pharmacy, add
comments. Mr. McMakin spoke about the negative effect that lowering the dispensing fee
would have on pharmacies. (Mayor Moore returned to the Council Chambers at 2:32 p.m.)
In response to Councilmember Cokinos' questions, Mr. McMakin stated that Script Care has
saved money for the City and discussed mail order pharmacies. Mr. McMakin distributed
mail order information to Council and questioned Eckerd's ability to compound specific
prescriptions and employee reimbursements for out of town prescriptions filled by off network
pharmacies. Staff did not have that information available.
Councilmember Goodson expressed interest in knowing the answers to Mr. McMakin's
inquiries and commented about the City and Eckerd's right to terminate the contract early.
Councilmember Cokinos requested deferral until the questions about compounding and
reimbursement could be answered. The City Manager responded that we only have one
company from which to chose.
Other discussion included whether this contract would provide equivalent services to the
Script Care Plan, a single bidder, specialized medical needs, cost savings and expiration
date of the contract with Script Care.
Minutes;November 9,1999;Page 6
Mayor Moore requested that this item be deferred one week to allow information to be
submitted in answer to Councilmembers Goodson and Cokinos questions and concerns.
10. Consider approval of a sick leave option for retiring police employees in accordance with the
current contract agreement with the Beaumont Police Officers Association.
Councilmember Goodson moved to approve Resolution 99-347, authorizing the offering of
the sick leave option to police employees with 25 years or more of service, who retire
between October 1, 1999 and April 1, 2000, as part of the current contract agreement with
the Beaumont Police Officers Association. Councilmember Cokinos seconded the motion.
MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Goodson, Cokinos, Ames, and
Patterson
Noes: None
In response to Councilmember Ames' inquiries, the City Manager stated that this is an option
in the current union contract that the City has the right to exercise from year to year. Mr.
Bonczek also stated that employees feel that it is not enough of an incentive after 25 years
of service, and the administration is working with the union and the City Team to come up
with ideas to provide more incentive. Councilmember Cokinos suggested that all unused
sick leave over 90 days be applied to length of service, and thereby allow employees to retire
early.
OTHER BUSINESS - No other business.
COMMENTS
* Councilmembers comment on various subjects
Councilmember Goodson clarified his earlier comments on the audit requirements were not
directed only to Statewide but to all CHDOs, and stated that Council is soliciting interested
parties to fill the Council vacancy, but will not rush into this decision.
Mayor Moore congratulated Dr. Simmons on being selected as the 10th President of Lamar
University, commended the Trust Department of Hibernia Bank on their Harvest of Giving
Program, congratulated all area high schools for participation in the past football season,
congratulated the Central Jaguars and Ozen Panthers for advancing to the playoffs, and
encouraged all citizens to support these schools.
* City Manager's Report
The City Manager presented information on the purpose and strategy of the Community
Development Block Grant, Consolidated Grant Program, gave dates and times for meetings
being held to solicit community support and involvement. He requested that Council submit
ideas on how to utilize the Community Development Advisory Committee more effectively,
to include reviewing and giving their input on the allocation of funds. Mr. Bonczek also
stated that the administration is looking aggressively at the allocation of Block Grant monies
Minutes;November 9,1999;Page 7
overall, and the possibility of using a portion of these funds for items benefitting low to
moderate income citizens that are now being paid through the General Fund. He stated that
a fine for asbestos has been paid, the City has received the "Government Finance Officers
Comprehensive Annual Financial Report" award for the 13th year, congratulated Beverly
Hodges, Andrea Deaton, and their staff for this accomplishment, and commented that the
administration is looking for ways to improve services, including a telephone system analysis,
in an attempt to improve capabilities and save money.
* Public Comment (Persons are limited to 3 minutes)
Mr. Mark Williford, 6395 Westgate, President of the Southeast Texas Council on Family
Values, addressed Council in opposition to the City's Sexually Oriented Business (S.O.B.)
Ordinance. Mr. Williford spoke of these businesses breeding corruption, thanked specific
Councilmembers for voting in favor of the ordinance, spoke of perceived weaknesses in the
ordinance, questioned the length of time that it took to pass this ordinance, requested that
the Council revise the ordinance to coincide with the Texas Penal Code, and stated that the
fees are too lenient when compared to the cost of policing these establishments.
Mr. Tobe Duhon, 2545 Amarillo St., spoke about his involvement in controversial events in
the 1960's, and voiced concerns about the Ward III vacancy appointment.
Ms. Rosetta Jones, Statewide Consolidated Community Development Corporation, Inc.
Executive Director, 2137 Orange Street, addressed Council in appreciation for their
empowerment of Statewide by assisting them in increasing the number of affordable houses
for low to moderate income citizens of the City, and spoke of the services that they offer.
Mr. Glenn Engle, 5980 Chisholm Trail, an attorney representing Southeast Texas Council
on Family Values, addressed Council to request that the Sexually Oriented Business
Ordinance be amended and strengthened in accordance with Texas Statutes, requested
that the process include a public hearing or a referendum vote by the citizens, and suggested
that fees for sexually oriented businesses be increased.
Mr. Audwin Samuel, 3715 Bowen Drive, addressed Council to express his interest in serving
as the new Ward III Councilmember, spoke of delivering a letter to this effect, stated his 9
years experience on the Council and familiarity with many of the City's current projects
qualifying him as a candidate.
Mr. Brad Lewis, 13455 Thousand Oaks, addressed Council to comment on concerns
regarding the negative effect of sexually oriented businesses on the City, stated the
importance of families in Beaumont in comparison to businesses, and requested that Council
rewrite a new sexually oriented business ordinance.
Mr. Lynn DeMary, 430 East Elgie, addressed Council to express concerns regarding the
effects of the Clean Air Act on transportation and improvements to IH-10, and recognized all
Councilmembers for voting in favor of the sexually oriented business ordinance.
Ms. Gethrell Williams, 4495 Fortune Lane, representing the Golden Triangle Coalition of
Black Democrats, stated the purposes of the organization, asked citizens to contact them
with recommendations of individuals to fill the Ward III Council position, stated that her
Minutes;November 9,1999;Page 8
organization would make their suggestions known at a later date, commented on the
qualifications they feel a potential Councilmember should possess, and acknowledged Mr.
Audwin Samuel as a possible candidate.
Mr. John Gerard, 1030 Doucette Street, addressed City Council to suggest Mr. Raymond
Chaison as a potential Councilmember for Ward III.
Mr. Herman Davis, 790 Amarillo Street, thanked Councilmember Cokinos for assistance on
an issue, apologized to the City Manager for the way he was treated when the Council
addressed the issue of Fire Station 11, thanked Council for their work on the moving
Veterans's Wall, commented on the financial needs of the area Vietnam Veteran's Chapter,
suggested an Hispanic citizen be selected as the new Ward III Councilmember, and named
Carlos Hernandez, owner of Carlitos Restaurant, as a possible candidate.
Mr. Adolph Grenada, 675 Avenue D, Avenues Neighborhood Association, addressed
Council to state concerns of area citizens, rezoning of the Avenues, and a time frame for
implementation of the Neighborhood Plan passed by Council in 1998.
Ms. Peggy Pierre, 1220 Avenue F, addressed Council in favor of zone changes in the
Avenues area, thanked Council for their hard work, asked them to consider changing some
of the zoning laws that have allowed an inundation of missions/halfway houses into the
Avenues area and the negative effects they have on the housing market in the area. She
spoke of her desire to see homes in the Avenues selected for the City's Affordable Housing
Program, mentioned having a Cultural and Arts Center to represent the many cultures in this
area, and expressed a desire for the City to be involved in assisting the homeless and more
regulation in this issue.
The City Manager commented that he would like to meet with the Avenues Neighborhood
Association and submit a report to Council, and commented about progress on the
implementation of the Neighborhood Plan for the Avenues.
Mr. Ronald Walter Hicks, 1695 Milam, addressed Council to express concern about the
incident involving Mr. John Davis.
Mayor Moore commented that every Councilmember voted in favor of the Sexually Oriented
Business Ordinance, spoke of the misinformation that is often disseminated, and asked the
City Attorney to explain the process of the approval of this ordinance, and possible reasons
for the lengthy approval process.
Mr. Lane Nichols commented on the nature of sexually oriented businesses, the sensitivity
of regulating first amendment rights, outlined the process involving interfacing with a family
values organization in Arizona, utilizing parts of the ordinance passed by the County, the
Planning Department compiling a report to determine conditions of negative secondary
effects which is required for regulation of a constitutionally protected right, the dissemination
of this report to area sexually oriented businesses and interested citizens, and at least two
public hearings. Mr. Nichols stated that the City ordinance is stronger in many ways than the
County's ordinance and not as strong in others, said the predicate was set to have this
ordinance supported legally, spoke of John Davis' role in amending the ordinance,
commented on the lengthiness of the process, the possibility of revisiting the issue,
mentioned an ordinance that he presented to Council that was the most stringent ordinance
Minutes;November 9,1999;Page 9
that could be supported, and stated concerns of area sexually oriented businesses which
affected the passing of the current ordinance.
Mayor Moore commented on the need for the community to support each other during this
time in order for the City to move forward, addressed possible revisitation of the sexually
oriented business issue, spoke about the diligence and collaboration of Council and other
individuals in passing the current ordinance, thanked Mr. Nichols for his synopsis of the
process, and reiterated his direction for individuals that would like to serve as Ward III
Councilmember to submit a letter of interest or resume by noon Friday to his office.
EXECUTIVE SESSION - No Executive Session.
There being no other business, the meeting adjourned at 3:41 p.m.
Czz- I �—(6—tcr�
David Moore, Mayor
Barbara Liming, City Clerk
Minutes;November 9,1999;Page 10