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HomeMy WebLinkAboutMIN SEP 12 1995 REGULAR SESSION CITY COUNCIL - CITY OF BEAUMONT HELD SEPTEMBER 12, 1995 - 1 :30 P.M. BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session this the 12th day of September, 1995, with the following present: HONORABLE: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman-At Large Andrew P. Cokinos Councilman-At-Large Lulu L. Smith Councilman, Ward I Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk -000- The Invocation was given by the Reverend Gary Laidecker, Parkside Christian Church. The Pledge of Allegiance was led by Councilman Cokinos and Public Works Director Tom Warner. -000- Mayor Moore extended congratulations to a Beaumonter attending Texas A & M, Leland McElroy, aka "Electric Leland" on his voyage toward nomination for the Heisman Trophy in an outstanding start last week. Also, Mayor acknowledged the achievements of Darryl Price who is playing for Colorado State. He said it is great to have young ambassadors representing our community and doing a great job. Councilman Cokinos also pointed out that a young man by the name of Calvin Collins is a lineman for A & M, and Mayor Moore added that we also have a world class sprinter at Baylor University, Marlon Ramsey, a former graduate of West Brook. 236 September 12, 1995 Mayor Moore remarked that in our community "we always have people that step forward to do something good" and usually"very quietly," but occasionally he likes to highlight and acknowledge these good deeds. Mayor Moore called forward Mr. Philip Johnson of Commercial Metals and Ms. Margaret Harmon and Mr. Sam Bean from the Mayor's Committee for Employment of Disabled Persons. Mr. Johnson reported that Commercial Metals decided to share some of their profits this year with some local organizations and have contributed a check to the Cerebral Palsy Foundation and today want to present a check to the Beaumont Mayor's Committee for Employment of Disabled Persons. Mr. Bean accepted the check on behalf of the committee, Staff Coordinator Margaret Harmon and the young men and women they help to attend Lamar University through donations such as the one presented by Commercial Metals. Mayor Moore commented that Beaumont's Mayor's Committe for Employment of Disable Persons has received national recognition and expressed pride in their efforts in being used as a pilot program for other cities to emulate. Mr. Bean extended an invitation to attend the American Disability Act Seminar that is to be held Thursday from 9:30 a.m. to 4:00 p.m. at the Holiday Inn Plaza on Walden Road. Also, Mr. Bean said volunteers are often overlooked and applauded Margaret Harmon for being newly elected to the position of Vice President for the Texas Association of Mayor's Committee for Employment of Disabled Persons. Mr. Bean announced that an Art Museum Show has been planned and will begin in September and continue for three months, encouraged citizens with disabilities to participate in every aspect, and said any addition information needed is available by contacting Margaret Harmon's office. -000- Citizen comment was invited on the Consent and Main Agendas. Mr. Frank Henchey, 3910 Cypress Point, addressed Council to ask that a balanced budget be passed without a tax increase. Mr. Henchey expressed his views by quoting several published statistics and distributed copies for Council and audience review and concluded his comments by asking Council to have concern for taxpayers and to "get the right economic focus in this community" and "stand up for the American taxpayer." -000- The following Consent Agenda items were considered: Approval of the Minutes of the regular City Council session held September 5, 1995; Resolution No. 95-230 appointing Ryan Smith to the Convention and Tourism Advisory Committee for a term expiring September 11, 1997; 237 September 12, 1995 Resolution No. 95-231 ratifying purchase of a thirty(30)foot by one hundred twenty (120) foot lot, 730 Jackson Street, described as Tract 12, City Plat F, David Brown Survey from the Jefferson County Sheriffs sale on September 5, 1995, for use in the Charlton Pollard Neighborhood Revitalization Project; Resolution No. 95-232 authorizing purchase and installation of a library protection system in the amount of$22,800.00 from Knogo North America; Resolution No. 95-233 authorizing execution of a Pipeline License Agreement with Citgo Products Pipeline Company (formerly with Citgo Pipeline Co. by R-94-8 and R-94-97) to continue to maintain and operate 429 feet of existing 10 inch pipeline to transport liquified petroleum gas across Old Voth Road, Lawrence Drive, Helbig Road and Bunns Canal; Resolution No. 95-234 authorizing an annual contract with the option to renew for two additional years with Petrocon Engineering, Inc. for loss control services effective October 1, 1995 at an hourly rate of$65.00 for an estimated annual cost of$25,000.00; and Resolution No. 95-235 authorizing waiver of weed and/or trash liens in the amount of$435.00 against property described as Lot 1, and the north one-half of Lot 2, Block 16, Blanchette II Addition (at the request of Beaumont Independent School District to expand Dr. Martin Luther King, Jr. Middle School campus). The Consent Agenda was approved on a motion made Councilman Davis and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-54 adopting the FY 1996 Annual Operating Budget which includes appropriation of reserves for encumbrances and contingencies in the General Fund at $60,043,900; Debt Service Fund, $10,727,000; Water Utilities Fund, $18,687,100; Solid Waste Management Fund, $5,634,900; Hotel Occupancy Tax Fund, $1,265,000; Street Maintenance Fund, $1,445,000; Municipal Transit Fund, $2,486,000; Other Special Revenue $4,821,900; Capital Reserve Fund, $3,361,300; Fleet Management Fund, $3,021,000; Employee Benefits Fund, $8,125,000; and General Liability Fund, $2,880,000; (for a total of $122,498,100) was considered: 238 September 12, 1995 ORDINANCE NO. 95-54 ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE"ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. Councilman Goodson stated that he understands this is a "no-growth budget" relative to City services and employees, with some categories at year's end with approved positions that are not filled, reviewed his understanding that any employee increases are caused by bringing the recycling program in-house and other internal changes. The City Manager explained that seven (7) casual positions at the Civic Center will become full-time permanent employees with virtually no change in cost, two (2) new maintenance employees at Parks and Recreation for the new parks, seven (7) in Solid Waste to operate the recycling program and four (4) in Water Utilities needed for technical requirements for operations of the Wetlands and other EPA regulations. Councilman Goodson also asked for explanation of Special Funds and Special Revenue Sources. Mr. Riley explained that outside civic groups are funded through Hotel Occupancy funds which cannot be deposited in the General Fund but can only be used to promote tourism or to fund art- related, historic and educational activities, such as museums and further explained use of other designated revenues. Also, Councilman Goodson confirmed increases in the Fire and Police Departments are due to contractual agreements. Mr. Riley reviewe income sources and said the greatest source of revenue in the General Fund is generated by sales tax in excess of$22 million, said property tax revenues are second, followed by industrial payments. Mr. Riley added that three (3) employees are anticipated to be hired early next year when the North End Library is opened. Councilman Davis complimented Staffs ability, professionalism, talent and intelligence, but said he disagrees with the proposed tax rate and said he hopes to present a good argument against an increase. Councilman Davis discussed the increase of $540,000 in the sales and use tax; over $260,000 increase in property tax; $775,000 increase in industrial payments; gross receipts increase of$227,000; for a total $1.8 million and the request for$1.2 million for debt service. He reiterated his confidence in Staff recommendations and referred to an article in the Beaumont Enterprise complimenting the leadership of Beaumont as one of the top ten cities in leadership. He suggested being aggressive and use these increases for the requested $1.2 million and proposed that next year budget workshops be conducted to include Council input regarding projects and contemplated expenditures. Also, Councilman Davis referred to the anticipated $1.6 judgment the City will receive from the Southwestern Bell lawsuit settlement, said if it meant not 239 September 12, 1995 raising taxes, he would be willing to forfeit the Concord Road project for his Ward for the good of the whole city, even though he feels the promise of 1980 should be fulfilled, and said he realizes he represents poor people who do not have a lot of power or influence, but he wants to represent them as well as he can in holding the line on tax increases. Councilman Smith said she appreciates comments made, but some of the increases in the budget are mandated by the Police and Fire Department contracts, said we could use our reserves for a year or so, but remembers when no capital improvements were made and streets were in terrible repair, remembers when nothing was spent on infrastructure and the struggle to get back to where are and said we cannot afford to lose those gains. Further lengthy discussion included capital projects, Councilman Patterson's preference of using the $1.6 million settlement from the Southwestern Bell lawsuit for the needed debt service amount rather than initiate a tax increase, Councilman Cokinos' views on debt service, the 1980 bond issue obligation, confirmation that no employee wage rates would be reduced, cutting unnecessary expenditures and tightening belts, Councilman Goodson's focus on the Capital Reserve Fund relative to trimming recommended building improvement commitments and purchases toward augmenting the debt service amount needed and citizen admonition to budget tightly, Councilman Ames' commentary of the Southwestern Bell lawsuit settlement and delaying a tax increase for this year, the ability to use the settlement amount for this year with the realization an increase may be needed as soon as next year and Mayor Moore's concern regarding ADA mandate costs, self insurance costs, possible public transit funding cutbacks, the possible inability to begin capital improvements without a tax increase, cutback of CDBG funds and the possibility of an unexpected crisis that could delete reserves. Ordinance No. 95-54 was approved with Section I (attached budget document) amended to transfer the $1.6 million to be received from the Southwestern Bell lawsuit settlement from the General Liability Fund and deposited in the Debt Service Fund on a motion made by Councilman Cokinos and seconded by Councilman Davis. Question: Ayes: Mayor Pro Tem Ames Nayes: Mayor Moore Councilman Cokinos Councilman Councilman Davis Smith Councilman Patterson Councilman Goodson -000- Ordinance No. 95-55 approving the property tax assessment roll for the 1995 tax year certified on July 14, 1995 by the Jefferson County Appraisal District which provides for $3,311,639,210 in net taxable value of all property with the city, providing for levying, assessing and collecting of ad 240 September 12, 1995 valorem taxes, establishing a tax rate at $0.64 with $0.35 in the General Fund and $0.29 in the Debt Service Fund was considered: ORDINANCE NO. 95-55 ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 1995; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Ordinance No. 95-55 was amended to reflect $0.265 in the Debt Service Fund and $0.35 in the General for a total tax rate of$0.615 and approved on a motion made by Councilman Davis and seconded by Councilman Patterson. Question: Ayes: Mayor Pro Tem Ames Nayes: Mayor Moore Councilman Cokinos Councilman Councilman Davis Smith Councilman Patterson Councilman Goodson -000- Resolution No. 95-236 approving a five-year Capital Program for Fiscal Year 1996 through Fiscal Year 2000, totaling $21,110,000 for Category I Approved Projects which included Public Works (Street and Stormwater Drainage--Ditch 904, Drainage Ditch Crossings, 1-10 Overpass, Liberty/Laurel, Major Drive, West Lucas)) and General Improvements projects (Airport Fuel Farm, develop part site at Collier's Ferry Park, foundation stabilization at Julie Rogers Theatre, Parks Operation Facility, restroom facilities at Tyrrell Park) and listing Category II Projects that have been approved , project cost estimates have been established, engineering designs will be completed and plans prepared for competitive bidding and construction and Category III Projects which will be given future consideration for feasibility or need, was approved on a motion made by Councilman Davis and seconded by Councilman Cokinos. Question: Ayes: All Nayes: None Mayor Moore questioned the start date of projects in light of previous Council action, and the City Manager reported design for the South Park Relief Project can be completed and out for bids within several months with construction possible in 1996 with Certificated of Obligations issued and depending on the payment structure, payments probably begin in 1997, consideration given for repayment. Also, Mr. Riley said that the Concord Road Project will be limited to design with property acquisition and construction at a later date and the cost moved forward at least two or three years. Mayor Moore expressed concern about the total $6.6 million needed for the South 241 September 12, 1995 Park Relief Project and phasing in the complete scope of work. -000- Ordinance No. 95-56 adopting a Buy-Back provision for prior service credit with the Texas Municipal Retirement System (TMRS) effective October 1, 1995, for 44 eligible City employees was considered: ORDINANCE NO. 95-56 ENTITLED AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LIKE EFFECT AS IF ALL SUCH SERVICE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY. Ordinance No. 95-56 was approved on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-57 abandoning the south 10' x 60' utility easement located along the west ten (10) feet of Lots 14 and 15, Block 5, Oak Cliff Second Addition (3750 Austin Avenue) was considered: ORDINANCE NO. 95-57 ENTITLED AN ORDINANCE ABANDONING THE SOUTH SIXTY (60) FEET OF A PLATTED TEN (10) FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE REAR OF LOTS 14 AND 15, BLOCK 5, OAK CLIFF SECOND ADDITION, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. 242 September 12, 1995 Ordinance No. 95-57 was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith. Question: Ayes: All Nayes: None -000- Ordinance No. 95-58 amending Schedule A of Section 26-24 of the Code of Ordinances to accommodate a lengthened school zone on Iola Street (Price Elementary School ) was considered: ORDINANCE NO. 95-58 ENTITLED AN ORDINANCE AMENDING CHAPTER 26, SECTION 26-24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO AMEND SCHEDULE A IN SCHOOL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Ordinance No. 95-58 was approved on a motion made by Councilman Davis and seconded by Councilman Patterson. Question: Ayes: All Nayes: None -000- Ordinance No. 95-59 abandoning Pledger Street from the south right-of-way line of Jackson Street one hundred twenty (120) feet to the north right-of-way line of Powell Street (to be added to a recently acquired lot purchased for the Charlton Pollard Neighborhood Revitalization Project) was considered: ORDINANCE NO. 95-59 ENTITLED AN ORDINANCE ABANDONING PLEDGER STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Ordinance No. 95-59 was approved on a motion made by Mayor Pro Tem Ames and seconded by Councilman Davis. Question: Ayes: All Nayes: None 243 September 12, 1995 Resolution No. 95-237 authorizing a two-year depository agreement with Texas Commerce Bank National Association for the period commencing October 1, 1995 through September 30, 1997 with annual net earnings of$127,839.00 was approved on a motion made by Councilman Smith and seconded by Mayor Pro Tem Ames. Question: Ayes: All Nayes: None -000- Resolution No. 95-238 authorizing purchase of a 1996 Ford model chassis equipped with a Frazer Type I modular ambulance bcdy in the amount of$71,800.00 from Frazer, Inc. to replace a 1990 Ford and used at by the Emergency Medical Services Division at Med Station 1 at 2510 North 11th Street was approved on a motion made by Councilman Cokinos and seconded by Councilman Smith, after a query by Councilman Goodson regarding costs of modernization of the ambulance body versus complete replacement and an admonition to give future consideration to upgrading versus new purchase in regard to cost effectiveness and savings. Question: Ayes: All Nayes: None -000- Resolution No. 95-239 renaming a portion of Fannin Street between Orleans and Pearl to "George Jones Place" in honor of the legendary country and western singer George Jones, a native of this area, was considered: Councilman Cokinos said the proper way to address a street name change should be routed through the Planning and Zoning Division and submitted by an ordinance, not a resolution, and made a motion for denial of the Resolution 95-238. The motion died for lack of a second. Resolution No. 95-239 was approved as presented on a motion made by Councilman Goodson and seconded by Councilman Smith. Question: Ayes: Mayor Moore Nayes: Councilman Cokinos Mayor Pro Tem Ames Councilman Smith Councilman Goodson Councilman Davis Councilman Patterson 244 September 12, 1995 PUBLIC HEARING - SEPTEMBER 12, 1995 GRANT APPLICATION FOR BEAUMONT MUNICIPAL TRANSIT SYSTEM PROGRAM OF PROJECTS FOR FISCAL YEAR 1996 UNDER SECTION 9 OF THE U.M.T.A. OF 1964 AS AMENDED EXCERPT MR. RAY A. RILEY, CITY MANAGER: The next item is a public hearing which will be required concerning the application and accepting the grant from the Federal Transportation-Transit Administration for the operation of the Beaumont Municipal Transit System. The Council has the information, and this is pretty much a recapitulation of what has been discussed in previous weeks, and this is our application to the federal government through the Urban Mass Transportation Act for their participation in providing assistance for the operation of our system. We're asking that they would fund approximately $950,000 which would be 50% of the net cost of operations for the City in an amount--there's one capital improvement, and that is the purchase of a tow truck service vehicle--that is one where we are required to fund 20% of the capital project, whereas, it is 50% of the operating projects. In order to be able to make this application, we must conduct a public hearing, and then the Council must adopt the application, approve it by resolution. MAYOR MOORE: You have heard the reading of Item 11, Council. COUNCILMAN DAVIS: ...(indiscernible) public hearing? COUNCILMAN GOODSON: You need to open the public hearing. MAYOR MOORE: At this time, we will hold the public hearing on what will probably become one of our more sensitive issues in the very immediate future. All those who would like to address Council at this particular point and time, the public is now open. 245 September 12, 1995 Good afternoon, Mayor and Council. My name is Tony Jones. I reside at 508 Garland here in Beaumont. I wish to address the issue of the FTA money. I'm in total agreement with it, but there's some ways to improve services with this money with and for transit. Some of my ideas are not going to be popular, but I think one of them will, and I want to read them off cause I can do it quicker that way. Number one, from 10:00 o'clock in the morning to 2:30 p.m., reduce services from 30 minutes to every 45 minutes. That means take a bus off the street of each route. Instead of having three, have two, except for the 11 th Street bus, instead of two, have one, and it would go to every hour. Number two, with the savings of money from Line One, increase service from 6 to 9:00 p.m. at 45 minutes, or, otherwise, just have like a Saturday schedule--have two buses from 6-9. Three, then this is going to probably set some people the wrong way, but I feel like I can talk about this. It says, petition the Department of Transportation to waive requirements of the American with Disabilities Act to remove paratransit services and retrofit fixed route buses with wheelchair lifts and transfer the money from paratransit to the fixed route system. Mayor, if I remember right, this past spring you were up with the National League of Cities and you were on the dais with Speaker Gingrich. And if 1--and I remember hearing Speaker Gingrich saying, "You're right there, saying that if a, if a rule didn't make sense, we can change it." So, since you're on that com--the Transportation Committee, you, this needs to be changed. Disabled people have to take stock for themselves. They have to be responsible for themselves. They cannot expect the City to cart them around and get them brand new shiny vans and take them to and from wherever they go. They should be required--disabled people should be required to take the fixed route system like everybody else, with the modifications. And from what I understand from Mr. Warner and Mr. Munson, to retrofit our buses, our'89 model buses that are about half way through their service life, would cost about $30,000 a piece to retrofit. Excuse me (for slight delay in refocusing on sheet of written comments). Number four, it's not fair for disabled persons in Beaumont who make up about 2% of the ridership of Transit to take up 12% of the budget, 12 to 14% of the budget. It takes $14.00 per trip with paratransit and about $1.06 per person with the fixed route system. Well, you do the math! You all, you all just did a bunch of math (referring to approving the City budget) you all figure it out. Number five, paratransit, and this is another one that's probably gonna get me in trouble, but I'm going to say it anyway. Paratransit segregates the disabled from the rest of society. It is not fair to the taxpayers to subsidize segregation. In other words, people who ride paratransit get to go anywhere in the city they want to go if you're disabled. People who are non-disabled who ride our fixed route systems only go to 35% of the city. Now you tell me if that's not fair. With the savings from paratransit instead of the service area of 35%, increase the service area to 50 to 60%, and then use the paratransit vans as mini buses. And, this is all I have to say. I wish that Mayor and Council would petition Congress to rewrite the Department of Transportation rules in 49CFR where 246 September 12, 1995 we can get rid--the City has an option to get rid of paratransit and use that money for the fixed route system. Everybody would benefit. Thank you. MAYOR MOORE: Tony, before you take your seat, I'd just like to share with you, I will be meeting with that group next week and part of what you've addressed has already come up. And part of what I was addressing earlier has already started to become reality in a lot of other communities, some are actually having to abandon their complete service because they can't afford to accept the federal dollars and comply with what the federal government is asking, so some of those things have been discussed and there's just as strong a lobby for many of those groups as there is opposed to it, but I will certainly relay your input into the process and hopefully, be able to report to you what that recommended ion is in a couple of weeks. MR. JONES: Well now, Mayor, also the Americans With Disabilities Act of 1990, before, before the federal agencies got involved on it, was to make disabled people equal to the rest of society, not better than the, everybody else. And, in order to have a civil rights piece of legislation, the disabled community must, paramounting, must take responsibility for their own actions. Thank you. MAYOR MOORE: Thank you. Does anyone else like to address the public hearing? Is there anyone else that would like to have comment in this public hearing. Yes sir(recognizing gentleman standing in audience). (Mr. Johnson, an elderly gentleman misunderstanding that citizen comment during the public hearing is limited to the Transit System grant application began to disjointedly complain to Council about backup of raw sewage into his home that is creating an unhealthy situation. Mayor Moore and Councilman Davis made several attempts to explain the inappropriateness of Mr. Johnson's comments at this time before escorting him from the Chambers to explain when he could appropriately comment about his problem.) MAYOR PRO TEM AMES: (Chairing public hearing while Mayor Moore and Councilman Davis escorted Mr. Johnson outside the Chambers) Is there any other, nothing else on the public hearing? COUNCILMAN COKINOS: Only the Transit System. 247 September 12, 1995 MAYOR PRO TEM AMES: For the Transit System. If there are no other citizens, the public hearing is closed. END OF EXCERPT (Mayor Moore and Councilman Davis returned to the Council Chambers during, but were not present for the vote.) Resolution No. 95-240 authorizing submission of a grant application and execution of a grant agreement with the Federal Transportation Administration under Section 9 of the Urban Mass Transportation Act of 1964, as amended, in the amount of $1,006,000 to partially fund the operation of the Beaumont Municipal Transit (BMT) System during the October 1, 1995 through September 30, 1996 period ($950,000) and for capital assistance in the purchase of a replacement tow truck service vehicle ($56,000) was approved with the recommendation that comments presented at the public hearing and by any other citizens riding the Transit System be referred to the Transit Advisory Committee on a motion made by Councilman Cokinos and seconded by Councilman Goodson. Question: Ayes: All Nayes: None -000- Mayor Moore commented that today, September 12th, is George Jones' birthday and that the Jefferson Theatre located on the portion of Fannin Street that was renamed earlier in the meeting is where he performed for a number of years. Mr. Johnson apologized to Council and the audience for becoming emotional and speaking out of order during the public hearing regarding his complaint. Councilman Smith said she also appreciated Council support for renaming a street after George Jones in honor of his artistic achievements and contribution to the country music field. Councilman Goodson told Council he has received a lot of citizen comment about taxes, questioned them about surrounding cities not raising taxes and trying to keep government at the same level, and said the regular, consistent answer he received was that they did not want taxes to be frozen if it meant eating up the City's savings or reserve account. He said we have to look deeper into the issue, the tax rate is just the umbrella over the rest of the issue. Councilman Goodson complimented First Interstate for past services as a depository and said there has been a lot of controversy regarding a tribute to George Jones, but said Mr. Jones initiated a style of music that is extremely popular and feels recognition should be given for the many country western music industry stars that have come from this area and we need to "do a better job of marketing 248 September 12, 1995 whatever's in the water down here"that produces and develops musicians and this is a small effort to capitalize on something that could be a real economic development for this area. Councilman Cokinos repeated that he still feels an ordinance should have been prepared for the name change instead of a resolution. Mayor Pro Tem Ames said she enjoyed the process today, and this was one of the most controversial and hardest sessions in her tenure on Council and said that hopefully, the best decision has been made. Councilman Davis thanked the Beaumont Enterprise for publication of the article last week about Beaumont city government and mentioned that the article complimented the diversity of Council, said all members are college educated, is comprised of three women, four men, three Blacks, and it's beautiful. He said the article claims Beaumont to be one of the best cities in the state. Councilman Patterson concurred with Councilman Davis' comments, said the budget and tax decision was the most difficult she has addressed to date, but was delighted with the process, expressed appreciation for the newspaper article, said she is pleased to be on this Council and said she attended the Youth Explosion held this weekend at the Sterling Center where there was a good turnout with Mayor Moore as a guest speaker and everyone having a good time. Mayor Pro Tem Ames added thanks for the Enterprise article and encouraged continued positive remarks about Beaumont. Mayor Moore thanked Council for working through the Council process today, said Council is diverse in a lot of respects, not only in gender and race, but in local experience and background, confirmed that the Youth Explosion at the Sterling Center was very good, and remarked about the ceremony and family reunion held at Riverfront Park for a young girl, Jameshauwnnel, turning eleven on September 9, who is in the Guinness Book of World Records for having the longest name with 1,063 letters. In addition, Mayor Moore said no one wants tax increases, said positive articles will come and go, but in leaving today, Mayor Moore said he has a mission to promote unity in the community and comes with equity throughout the city and it comes with a price. Mayor Moore said he supports Municipal workers and staff and has asked the City Manager for an even greater enhanced quality of work from those on the streets in every neighborhood. He said he was serious about the ADA requirements, said it is difficult to manage, we're rehabilitating buildings, but we're being pressed by the law to change right-of-ways, said another concern is liability and self-insurance, said he wants to represent the whole city and not cut services to anyone. -000- Mr. Tony Sacker, 4635 Elmherst, addressed Council to commend their discussion and questions on items, reviewed tax increases on his home and said he can't afford to remain in that home any 249 September 12, 1995 more and will be selling it, discussed the TCI franchise agreement and suggested an increase in their fees, and said in due respect to George Jones, his brother, Al Sacker, rebuilt the organ at the Jefferson Theatre, played for many local function and has received no recognition for his contribution. Mrs. Jane Hebert, 290 Parkway Drive, a member of the South Park Neighborhood Association and Citizens on Patrol, addressed Council in appreciation for Pamela Loiacano for her courteous assistance regarding demolition and weed problems in her neighborhood, expressed appreciation for other helpful employees and thanked Council for using their microphones. Mr. Albert Kuntze (no address given), addressed Council to comment about patience, said he is a retired teacher from the education system from which Mayor Moore passed and part of the spiritual system of another Councilmember(Davis), and again commented about the patience and sweet, sweet spirit that has permeated throughout this Council session. Mr. Tony Jones, 508 Garland, addressed to state that he did not want to be interpreted as insensitive to the American Disabilities Act, but voiced his feels that some regulations are bazaar, said he has been elected as Vice President of Guide Dog Users and learned that in July, the Department of Justice deemed a person with an iguana can qualify as one with a service animal and termed that action as stupid. Mr. Jones spoke about curbcuts, suggested common sense be used in implementing ADA regulations and urged Mayor Moore to work with the National League of Cities and Congress. Mr. R. K. Harrell (no address given), addressed Council to comment about the pleasure of living in Beaumont for 37 years, spoke about people leaving Beaumont because of the School District, said his prayer is that we have healing of our land, school district, city, our races and most of all the American home, said there are not many institutions to help the home and that is where it all begins. He advocated families pray together, read the Bible and go to church and Sunday school together. -000- Councilman Cokinos announced that a plaque honoring the Oklahoma City bombing victims will be placed at the foot of a live oak tree in Riverfront Park at 8:30 a.m., Thursday, September 14, and invited participation. -000- There being no other business, the regular session of City Council was adjourned. 250 September 12, 1995 I, Barbara Liming, Deputy 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 September 12, 1995. Barbara Liming Deputy City Clerk 251 September 12, 1995 PUBLIC HEARING - SEPTEMBER 12, 1995 GRANT APPLICATION FOR BEAUMONT MUNICIPAL TRANSIT SYSTEM PROGRAM OF PROJECTS FOR FISCAL YEAR 1996 UNDER SECTION 9 OF THE U.M.T.A. OF 1964 AS AMENDED THOSE PRESENT: David W. Moore Mayor Becky Ames Mayor Pro Tern Councilman At Large Andrew P. Cokinos Councilman At Large Lulu L. Smith Councilman, Ward Guy N. Goodson Councilman, Ward II John K. Davis Councilman, Ward III Bobbie Patterson Councilman, Ward IV Ray A. Riley City Manager Lane Nichols City Attorney Barbara Liming Deputy City Clerk MR. RAY A. RILEY, CITY MANAGER: The next item is a public hearing which will be required concerning the application and accepting the grant from the Federal Transportation-Transit Administration for the operation of the Beaumont Municipal Transit System. The Council has the information, and this is pretty much a recapitulation of what has been discussed in previous weeks, and this is our application to the federal government through the Urban Mass Transportation Act for their participation in providing assistance for the operation of our system. We're asking that they would fund approximately $950,000 which would be 50% of the net cost of operations for the City in an amount--there's one capital improvement, and that is the purchase of a tow truck service vehicle--that is one where we are required to fund 20% of the capital project, whereas, it is 50% of the operating projects. In order to be able to make this application, we must conduct a public hearing, and then the Council must adopt the application, approve it by resolution. MAYOR MOORE: You have heard the reading of Item 11, Council. COUNCILMAN DAVIS: ...(indiscernable) public hearing? September 12, 1995 COUNCILMAN GOODSON: You need to open the public hearing. MAYOR MOORE: At this time, we will hold the public hearing on what will probably become one of our more sensitive issues in the very immediate future. All those who would like to address Council at this particular point and time, the public is now open. Good afternoon, Mayor and Council. My name is Tony Jones. I reside at 508 Garland here in Beaumont. I wish to address the issue of the FTA money. I'm in total agreement with it, but there's some ways to improve services with this money with and for transit. Some of my ideas are not going to be popular, but I think one of them will, and I want to read them off cause I can do it quicker that way. Number one, from 10:00 o'clock in the morning to 2:30 p.m., reduce services from 30 minutes to every 45 minutes. That means take a bus off the street of each route. Instead of having three, have two, except for the 11 th Street bus, instead of two, have one, and it would go to every hour. Number two, with the savings of money from Line One, increase service from 6 to 9:00 p.m. at 45 minutes, or, otherwise, just have like a Saturday schedule--have two buses from 6-9. Three, then this is going to probably set some people the wrong way, but I feel like I can talk about this. It says, petition the Department of Transportation to waive requirements of the American with Disabilities Act to remove paratransit services and retrofit fixed route buses with wheelchair lifts and transfer the money from paratransit to the fixed route system. Mayor, if I remember right, this past spring you were up with the National League of Cities and you were on the dais with Speaker Gingrich. And if 1--and I remember hearing Speaker Gingrich saying, "You're right there, saying that if a, if a rule didn't make sense, we can change it." So, since you're on that com--the Transportation Committee, you, this needs to be changed. Disabled people have to take stock for themselves. They have to be responsible for themselves. They cannot expect the City to cart them around and get them brand new shiny vans and take them to and from wherever they go. They should be required--disabled people should be required to take the fixed route system like everybody else, with the modifications. And from what I understand from Mr. Warner and Mr. Munson, to retrofit our buses, our'89 model buses that are about half way through their service life, would cost about $30,000 a piece to retrofit. Excuse me (for slight delay in refocusing on sheet of written comments). Number four, it's not fair for disabled persons in Beaumont who make up about 2% of the ridership of Transit to take up 12% of the budget, 12 to 14% of the budget. It takes $14.00 per trip with paratransit and about $1.06 per person with the fixed route system. Well, you do the math! You September 12, 1995 all, you all just did a bunch of math (referring to approving the City budget) you all figure it out. Number five, paratransit, and this is another one that's probably gonna get me in trouble, but I'm going to say it anyway. Paratransit segregates the disabled from the rest of society. It is not fair to the taxpayers to subsidize segregation. In other words, people who ride paratransit get to go anywhere in the city they want to go if you're disabled. People who are non-disabled who ride our fixed route systems only go to 35% of the city. Now you tell me if that's not fair. With the savings from paratransit instead of the service area of 35%, increase the service area to 50 to 60%, and then use the paratransit vans as mini buses. And, this is all I have to say. I wish that Mayor and Council would petition Congress to rewrite the Department of Transportation rules in 49CFR where we can get rid--the City has an option to get rid of paratransit and use that money for the fixed route system. Everybody would benefit. Thank you. MAYOR MOORE: Tony, before you take your seat, I'd just like to share with you, I will be meeting with that group next week and part of what you've addressed has already come up. And part of what I was addressing earlier has already started to become reality in a lot of other communities, some are actually having to abandon their complete service because they can't afford to accept the federal dollars and comply with what the federal government is asking, so some of those things have been discussed and there's just as strong a lobby for many of those groups as there is opposed to it, but I will certainly relay your input into the process and hopefully, be able to report to you what that recommended ion is in a couple of weeks. MR. JONES: Well now, Mayor, also the Americans With Disabilities Act of 1990, before, before the federal agencies got involved on it, was to make disabled people equal to the rest of society, not better than the, everybody else. And, in order to have a civil rights piece of legislation, the disabled community must, paramounting, must take responsibility for their own actions. Thank you. MAYOR MOORE: Thank you. Does anyone else like to address the public hearing? Is there anyone else that would like to have comment in this public hearing. Yes sir(recognizing gentleman standing in audience). (Mr. Johnson, an elderly gentleman misunderstanding that citizen comment during the public hearing is limited to the Transit System grant application began to disjointedly complain to Council about backup of raw sewage into his home that is creating an unhealthy situation. Mayor Moore and Councilman Davis made several attempts to explain the inappropriateness of Mr. Johnson's comments at this time before escorting him from the Chambers to explain when he could appropriately comment about his problem.) September 12, 1995 MAYOR PRO TEM AMES: (Chairing public hearing while Mayor Moore and Councilman Davis escorted Mr. Johnson outside the Chambers) Is there any other, nothing else on the public hearing? COUNCILMAN COKINOS: Only the Transit System. MAYOR PRO TEM AMES: For the Transit System. If there are no other citizens, the public hearing is closed. END OF EXCERPT I, Barbara Liming, Deputy City Clerk of the City of Beaumont, Texas, certify that the above is a true copy of an excerpt from the regular City Council session held September 12, 1995. Barbara Liming Deputy City Clerk September 12, 1995