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HomeMy WebLinkAboutMIN APR 11 1995 REGULAR SESSION CITY COUNCIL- CITY OF BEAUMONT HELD APRIL 11, 1995 - 1:30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 1 lth day of April, 1995, with the following present: HONORABLE: David W. Moore Mayor John K. Davis Mayor Pro Tem Councilman,Ward III Andrew P. Cokinos Councilman-At-Large Becky Ames Councilman-At-Large Lulu L. Smith Councilman,Ward I Calvin Williams Councilman,Ward IV Absent: Guy N. Goodson Councilman,Ward H Ray A. Riley City Manager Tyrone Cooper Asst. City Attorney Rosemarie Chiappetta City Clerk -000- The Invocation was given by Mr. Marty Robertson, 6920 Shanahan Drive. The Pledge of Allegiance was led by Mayor Moore. -000- Mayor Moore announced that a luncheon was held today honoring several outstanding young people that are in attendance and asked Mr. Don Pippin of the Rotary Club to share comments. Mr. Pippin said that eight(8) outstanding high school students in their Junior year are being recognized as recipients of the Beaumont Rotary Club "Service Above Self Award." Mr. Pippin said each of these students is outstanding, and he is "proud to be associated with these students as they carry us into our next generation." Mayor Moore expressed pleasure in personally meeting each student and their parents at lunch and learning about their individual distinction in being chosen for this award. Mayor Moore congratulated 88 April 11, 1995 each recipient, asked parents to stand as their child is introduced, and in appreciation presented Cross pens to: Sarah Myers--Cathedral in the Pines High School; Ebonni Anderson--Central High School; Neketcia Simmons--Central High School; Tu Thi Nguyen--Central High School; Elizabeth Nichols--Monsignor Kelly High School;Emily Hicks--West Brook High School; Julie Meineke--West Brook High School; and Marc Wolf--West Brook High School; and invited comments from parents. Mr. Reed Nichols, as a proud parent of Elizabeth, thanked the Rotary Club and the City Council for acknowledging the youth. Mrs. Martha Hicks, mother of Emily, expressed appreciation to the Rotary Club for recognizing youth of the community and said "education extends beyond the classroom, and it is so important that the kids understand service to their community; that they will come back and be fulfilled citizens as adults." -000- Mayor Moore said that today has also been rewarding in that the Mayor's Committee for the Employment for people with disabilities meet and Mayor Pro Tem Davis attended their meeting this morning. He said the Committee has some exciting things to share, asked Mr. Don Kelly to relay informtion about the Committee and said this group has become a great ambassador for the community. Mr. Kelly asked Committee members to stand and thanked Margaret Harmon, City Staff representative, for her work, thanked City Council for the "progress that's being made on disability issues...and we have a very openness and very responsiveness from the City Staff. Jim Cline has spent countless hours and attended several of our meetings. Today, we heard from Lewis Hiltpold about the new activity center at Magnolia Park, and the fact that it'll be accessible and there'll be programs for the disability folks as well...Our parking space program has been emulated on a national basis, and Mayor Lanear over in Houston has adopted the program and has cited Beaumont as the reason why he's adopted it. He's heard so many good things about it. Just to heighten everyone's awareness, I've asked Todd Freeland who's Chairman of our Accessibility Committee just to make a couple of comments regarding that program, Todd, if you would, sir." Mr. Freeland said, "on behalf of the Beaumont Mayor's Committee for the Employment of Disabled Persons and in memory of Bill Eichenhoffer, I thank you for recognizing our efforts to improve our community for disabled persons and senior citizens. We encourage Councilmembers to understand the various problems created by violator of disabled parking spaces, especially when someone, including disabled persons, don't abide by the law. Ironically, at this time, our biggest problem is disabled people parking in the striped, access aisles that are no-parking zones. No one, disabled or not, can legally park in these areas. Access aisles are for wheel chair van lifts and people that need extra maneuvering room to get in or out of their vehicles. Thank you all. 89 April 11, 1995 Mayor Moore said that Todd has received coverage from our local newspaper, the Beaumont Enterprise, and the Houston Chronicle, and that he is part of the group that has worked vigorously throughout the community to insure that handicapped parking violators are reminded of their violations. In addition, Mayor Moore said that Margaret Harmon, Citizen Assistance Coordinator for the City, has been invited to present three of the Committee's programs at the 48th Annual Conference on the President's Committee of Employment for People with Disabilities that will be held in Portland, Oregon on May 17-19, 1995, and invited comments from Margaret. Ms. Harmon said that although the Mayor's Committee for Employment of Disabled Persons is a committee of 21, they come together as one unit and all work together for their projects. She said that at the conference, she will speak about Beaumont's scholarship program(established in 1988, presently 19 recipients with four graduates, two moving from the community and the remainder continuing in the program), the accessibility program and the disabled parking space advocacy program. -000- Citizen comment was invited on the Consent Agenda and Main Agenda Items 1 through 4. Mr. Tony Jones, 508 Garland, addressed Council in support of Agenda Item 2 designating the Transfer Center on Neches as the Henry J. Dannenbaum Transfer Center and requested an official ceremony by Council with Mr. Dannenbaum's brothers and former Mayor Lord present. Mr. Bill Hickman,Box 7355, Beaumont, addressed Council regarding Agenda Item 3 awarding a contract for a Health Maintenance Organization Plan. Mr. Hickman said events have occurred since the bid opening, and that he is of the opinion the contract may be awarded to someone other than the low bidder causing additional costs to the City. Mr. Hickman said his company's, Accordia, provider network included Baptist Hospital System plus other major providers in the area except St. Elizabeth Hospital and the doctor panel is as large or larger than St. Elizabeth panel. He said his company's quote is between $420,000 and$600,000 less than the next lowest bid. Mr. Hickman said the Sanus' bid has two exposures Council should be aware of. if an employee elects to participate in the plan and have a dependent child that has been incurring a large expense over the past three years and the will continue to incur that expense, an additional $12,000 per month will be added to the City's cost and that risk is included in his company's bid, and if any employee participating in the plan have dependents residing outside the network, they would not be covered, and his bid allows the dependent to chose a primary physician in the area in which they reside. -000- The following Consent Agenda items were considered: 90 April 11, 1995 Approval of the Minutes of the regular City Council session held April 4, 1995; Resolution No. 95-106 appointing Evelyn Lord to the Sister City Commission for a term expiring April 10, 1997;reappointing Samuel Pullig to the Historical Landmark Commission and Tim Gregory to the Parks and Recreation Advisory Committee for terms expiring January 3, 1997; Resolution No.95-107 accepting donation of a twenty-foot(20)drainage easement from Construction Aggregates,Inc. at the end of their property in the 6700 block of Bigner Road, twenty feet on the north property line of Lot 86, Block C of the Beaumont Improvement Company's Subdivision in an effort to alleviate flooding in the area; Resolution No. 95-108 accepting donation of a twenty-foot (20) drainage easement from Mr. and Mrs. Terry R.Rayner out of their property, a 0.686 acre tract in the D. Easley Survey, Abstract 20 and out of and a part of Block 28 of the Beaumont Irrigation Company Subdivision; and Resolution No. 95-109 accepting donation of an easement and authorizing the City Manager to execute the easement and the "letter of no objection" from Gulf States Utilities Company/Entergy Corporation out of the David Cunningham Survey, Abstract 15, Jefferson County, to serve the Federal prison site with water and sanitary sewer services. The Consent Agenda was approved on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: All Nayes: None -000- Mayor Moore announced an executive session will be held following workshop session in accordance with Section 551.071 of the Government Code to discuss contemplated or pending litigation: Brenda Rov vs. The City of Beaumont. -000- Ordinance No.95-24 establishing a fifteen(15)member "Drug-Free Beaumont Commission" charged with the task of fighting substance abuse and serve as an advisory commission to Council was considered: ORDINANCE NO. 95-24 ENTITLED AN ORDINANCE ESTABLISHING THE DRUG FREE BEAUMONT COMMISSION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. 91 April 11, 1995 Ordinance No. 95-24 was approved on a motion made by Councilman Cokinos and seconded by Councilman Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-110 designating the Beaumont Municipal Transit Transfer Center located on Neches between Liberty and Laurel as the Henry J.Dannenbaum Transfer Center(a regular Council attendee fatally injured in an auto/pedestrian accident) was approved on a motion made by Mayor Moore and unanimously seconded by all Council members. Question: Ayes: All Nayes: None -000- A resolution authorizing a contract with Cigna HealthCare for a Health Maintenance Organization (HMO)plan for a period of 18 months beginning July 1, 1995, as an optional medical benefit plan to be offered to City employees in addition to the current medical plan was considered. The City Manager explained this plan is not replacing the indemnity plan, but is an alternative to employees to participate in an HMO and will not be mandatory, but an option. Mr. Riley said there are about 3,600 covered lives in the present program, which qualifies the City as a major employer to receive specific attention from health organizations. In preparation, the City attempted to give a wide choice of physicians and hospitals, and this is not a great deal of benefit to the City to make this alternative available, is not a cost reduction and overall will cost as much to maintain the alternate as the current plan. He said this is more of a wellness or preventative maintenance medicine plan. Mr. Riley said that when bids were received Accordia's bid only included one hospital and a limited numbers of providers and more of a PPO and would not have the same coverage as with the other bids. In reviewing the other two bids, Mr. Riley said relative cost is not the significant factor. The cost with Santis is based on a fixed cost based on participation, and he said it is impossible to predict participation in any category, but experience from other employers indicate 50 to 60% participation. With 50% participation in each category, the Santis Option 2 would cost about $207,000 per month. Option 1 is more expensive--about $12,000 more at 25%, about $50,000 more at 50% and $36,000 more at 100%than Option 1. By comparison, Cigna is based on a maximum premium, and the advantage is that the City will only pay a 15% fixed cost of administration. We would retain 75% of what would be a maximum payment for claims payment, maintain 10%in reserve for potential runoff at the conclusion of the program. The Cigna price is not a total cost, but a maximum cost based on experience. He said there is a potential savings of 10% and if there is a good experience, it could be less than the $205,000 used for comparison with Sanus. He said this is a plan for employees, and the only way to determine actual cost will be after the experience of twelve (12) months. Then, only if both plans were operating simultaneously. He said an assumption is made at this point because a comparison is made with a fixed cost plan versus an experience rated plan 92 April 11, 1995 paying only 15% of the total amount to the insurance company and the rest related to claims. He said that with a bad experience, it could cost more than the fixed plan, but could be less, and that a real cost projection is impossible to make because of the level of participation that could occur, but thinks they are relatively equal. He said both Sanus and Cigna meet most of the specifications with the exception that Sanus does not meet the minimum chiropractic coverage. Council questions and discussion included the speculative aspect of Cigna versus the fixed cost of Sanus, which may or may not occur, anticipated employee participation, concept difference in plans, voting with limited information, experience of employee data preferred, difference in coverage, bidding procedure, plan benefits including MPP, chiropractic coverage and number of providers, difference in options submitted by Sanus,major hospitals not included in Accordia bid, actual costs for office and hospital visits for employees, graphs presented at last week's workshop signifying comparisons and possibility of another workshop. After further discussion, Council requested this item be deferred and opportunity given for additional information or questions to be answered by Staff before a final vote is taken. -000- Mrs. Pat Henderson, a citizen in the audience, said Council commentary could not be heard by citizens and requested they speak louder or directly into their microphones. -000- Resolution No. 95-111 authorizing a contract with Placo, Inc. for construction of a Wastewater Lift Station at the Federal Prison site on Hebert Road in the amount of$244,564.50 was approved on a motion made by Councilman Williams and seconded by Mayor Pro Tem Davis. Question: Ayes: All Nayes: None -000- Ordinance No. 95-25 declaring a certain dilapidated structure to be public nuisances and ordering repair or removal by the owner and authorizing the removal of a certain other structure whose owner ailed to comply with condemnation orders was considered: ORDINANCE NO. 95-25 ENTITLED AN ORDINANCE FINDING A STRUCTURE TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND/OR REPAIR,PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. 93 April 11, 1995 A public hearing was called to consider the below listed dilapidated structure found to be in violation of the City of Beaumont's Dangerous Structure Ordinance, Section 14-50: 3720 Hollywood (Commercial) - Freeway Building and Development Corporation, owner (20 violations), Staff recommendation to raze within 30 days. The above listed parcel of property has been inspected, is vacant and has been found to be in violation of Article III, Section 14-50 of the Code of Ordinances. Notice has been sent to the owner by Certified Mail and published in the Beaumont Enterprise. The structure listed below has been condemned by City Council and the owner ordered to either raze or repair it within a specified time frame. Reinspection of this structure has revealed non-compliance with the Council's order. Authorization is requested from the City Council to demolish this structure in accordance with the Dangerous Structure Ordinance and charge the property owner with the cost of demolition: 1905 Angelina Commercial). There being no desiring to address a structure, the public hearing was closed. Ordinance No. 95-25 was approved on a motion made by Mayor Pro Tem Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Councilman Smith reported a good meeting last night with trustees of the Beaumont Independent School District discussing cooperative programs,thinking about summer programs and better access to buildings. Councilman Ames concurred with Councilman Smith's about the meeting with BISD and said she looks forward to "a lot of neat things happening." Mayor Pro Tem Davis told the City Manager that he was pleased to note the MBE policy in effect with a contract that was awarded today. Mayor Moore congratulated the Parks and Recreation Department and the Neighbors in the Park at Rogers Park for a fantastic day last Sunday, congratulated the Convention and Visitors Bureau, Ray Moore and his colleagues for the Seniors Tour that met the weather challenges, said that at the Senior banquet, a power outage was caused by the weather, but the dinner continued in fashion by candlelight and GSU/Entergy was able to restore power. He said that one of the promoters of the Seniors event complimented the hospitality of the area and according to news reports, we will be afforded the opportunity of hosting the event next year. 94 April 11, 1995 Mr. Tony Jones, 508 Garland, addressed Council in response to comments made by Councilman Cokinos at the April 4th Council meeting and said as a blind and disabled citizen, he can speak as an expert on disabilities, and in his opinion, Councilman Cokinos remarks had no malicious intent and questioned Beaumont State Center calling Mayor Moore on Wednesday. Mr. Jones said there is too much conflict involved with disability issues and Council has too many other subjects to address to be let this issue sidetrack them. Mayor Moore responded to Mr. Jones that the Director of the Beaumont State Center made his call as a courtesy, not in a critical manner, but other individuals did make calls. Mr. Jones also referred to the Federal Registe r printed by the U. S. Government that says "the use of term disability instead of handicap and the term individual with disability instead of term individual with a handicap represents an effort by the Congress to make use of up to date current accepted terminology. The terminology applied to individuals with disability is a very significant and sensitive issue as with racial and ethnic terms, the choice of the words to describe a person with a disability is overlaid with stereotypes patronizing attitudes and other emotional connotations. Many individuals with disabilities in organization representing such individuals object to use of such terms as handicap person or the handicap, and in other recent legislation, Congress also recognized the shift in terminology...by changing the name of the National Council on the Handicapped to the National Council on Disability..." Mr. Jones said the word handicap came about in the 1920's meaning cap in hand and referred to begging. Mr. Tony Sacker, 4635 Elmherst Drive, addressed Council to ask if Mayor Moore has received the review of City policy for personal use of City-owned vehicles and reported personal witness of two (2) City pickup trucks and a Policeman in uniform at an exercise spa and suggested Department Heads be made aware of these activities. Mr. Allen Lee, 5095 Maddox, addressed Council to comment about the March of Dimes Walk, said there is a negative image about the South Park area, but those walking in the March observed a lovely neighborhood, said there needs to be more positive images in neighborhoods, compared the clock in Chambers not changed since the time change to Council being behind times, said property taxes can be lowered and services increased by initiating a road fee tax to those working in Beaumont and living outside the city for street upkeep, complained about Council spending 40 minutes on an agenda item and then deferring action, expressed his opinion that transportation and bus shelters for school children are needed and complained about his challenge not being accepted last week to walk in the rain without an umbrella and said he endorses a strong City Mayor form of government. Mayor Moore remarked that he is pleased to work with a committed Council that is willing to take time to deliberate issues to make the best decisions possible and hear all opinions of an item. Mr. Rex Johnson, 4350 Chaisson, addressed Council to again complain about stagnant water in a ditch in front of his property and said it is the same problem he came to Council about two years ago. Mayor Moore reminded Mr. Johnson that he and the City Manager came out to the site and offered for Staff to look at the ditch again, said that two years ago reports were received from the Water Commission, but the final decision was that the ditch was cut in an effort to drain water down the full length of the street. 95 April 11, 1995 He said the City is trying to put together a drainage program from Chaisson to Park that will move all of the water. Mr. Johnson expressed dissatisfaction in waiting for a project to begin, said the ditch was dug wrong and complained about damage to his driveway. Mr. Pat Griffin, 1545 Avenue F, accompanied by eight (8) members of the Southeast Texas Chapter 2 Vietnam Veterans of America distributed information to Council and complained about lengthy delays by City Staff in receiving water and sewer service at the Vietnam Veterans Memorial Park at Highway 105 and Keith Road, said they paid $5,650.00 promptly for fees over 14 months ago and have not received service yet. Mayor Moore told Mr. Griffin the matter would be investigated, said a response will be given to Mr. Griffin and thanked the group for what they have added to the community.. Mrs. Riggs,wife of Officer Jim Riggs, President of the Vietnam Veterans Chapter, added that they have worked very hard for this memorial and that no money is received from federal grants, but in donations and fundraisers and commented about the efforts and hard work of her husband. Mr. Herman Davis, 790 Amarillo, addressed Council in appreciation for the lighting installed in his neighborhood, cleaning ditches, and for prompt trash pickup. Ms. Marie Andrus, 2950 San Antonio, part owner of McCray Trucking and Construction addressed Council to complain that minority businesses outside of Beaumont used for the Liberty Laurel project and spoke about State and City MBE certification. Mayor Moore explained that through the bidding process, contracts are awarded to the low bidder who in turn complies with the City's minority business requirement and trust that Beaumont minority businesses receive a share of the participation. Mayor Pro Tem Davis affirmed that he is very sensitive to MBE participation and said he would be willing to meet with local MBE contracts and City Staff to become better education about the bidding process and the procedure to follow. Councilman Williams again mentioned his request at the April 4 Council meeting to review the Affirmative Action ordinance adopted by Houston for possible implementation by Beaumont. Mr. Riley reported that he has received a copy of Houston's ordinance and Staff is working on a comparison report for Council. Mrs. Pat Henderson, 970 Saxe, addressed Council to express appreciation for thoroughness in deliberations of issues, said she has lived in South Park for over 40 years, knows that persistence has to be exercised to accomplish some efforts, but does not believe that nobody cares about South Park, and that in the recent years a lot of work has been done to beautify South Park with the help of the City and residents, and said that the man who has water in his ditch should be happy the water is not in his house, and if one does not like living in South Park, they have the option to move. Mr. Bill Hickman, P. O. Box 7735, addressed Council in support of workshopping the HMO contract bidders, discussed the cost history of the City's present self-insured program and provider network plans. 96 April 11, 1995 Mr. Rex Johnson, 4350 Chaisson, again addressed Council to express his opinion that white residents receive preferential treatment in City services and said he has two water meters in front of his house that do not serve him and are in his way. Mr. Allen Lee, 5095 Maddox, again addressed Council to admonish them that when elected they should have expected to serve long hours as a servant and not be served, said they should be responsive to citizen complaints, and said we have a non-accountable system of government and complained that his idea of a street use tax lowering property taxes was not given consideration. Ms. Kathy Belt, 2226 Evalon, stated to Council this is her first attendance at a Beaumont City Council meeting and said she has never seen such hostility coming from an audience, thinks Council is doing the best job possible and respects them for the effort, said Councilman Cokinos helped her 71 year old mother, who is a cancer patient, have her home remodeled and live a happier life. She said the issue is not about color, not about money, but about talking to each other in a decent manner. -000- There being no other business, the regular session of City Council was recessed to reconvene in workshop session. -000- I,Rosemarie Chiappetta, City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of the Minutes of the regular City Council session held April 11, 1995. Rosemarie Chiappetta City Clerk 97 April 11, 1995