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
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The Invocation was given by Mr. Marty Robertson, 6920 Shanahan Drive.
The Pledge of Allegiance was led by Mayor Moore.
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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
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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."
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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.
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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.
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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.
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The following Consent Agenda items were considered:
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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
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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.
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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.
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Ordinance No. 95-24 was approved on a motion made by Councilman Cokinos and seconded by
Councilman Ames.
Question: Ayes: All Nayes: None
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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There being no other business, the regular session of City Council was recessed to reconvene in workshop
session.
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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
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