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HomeMy WebLinkAboutMIN MAR 27 2001 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith DAVID W. MOORE, MAYOR Guy N. Goodson, Mayor Pro Tern Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson March 27,2001 Audwin Samuel Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 27, 2001, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items Consent Agenda Mayor Moore called the meeting to order at 1:45 p.m. (Council waited for the arrival of the Ozen High School varsity basketball players and staff.) The Reverend Rayfield Walker, West Tabernacle Baptist Church, gave the invocation. Ms. Tiffany Labrie, daughter of City employees John and Paula Labrie, led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel and Patterson. Also present were Stephen J. Bonczek, City Manager; Lane Nichols, City Attorney; and Barbara Liming, City Clerk. Presentations and Recognitions Two proclamations were issued: "National Doctor's Day," March 30, 2001; and a proclamation honoring the "Clifton J. Ozen High School Varsity Boys Basketball Team," for winning the State Basketball Championship with a 36-0 win record. Proclamations were issued to basketball players: Anthony Daigle, Micheal Thomas, Rayburn Morris, Brandon Chappell,Brandon Rideau,Jason Breckenridge,Wesley Bryant, Thomas Sigee, Allen James, Reginald Tyrrell, Albert Marshall, Javin Clover, Desmond Copper, Allen Colbert,Tigee Rideau, Keena Young, Jason Dabney,Tyrone Haynes, and Kendrick Perkins (voted most valuable player). Framed proclamations were presented to Head Coach Andre Boutte and to the school. Also recognized were Assistant Coaches Marquis Saveat, Harvey Bobs, Micheal J. Ryals, Harry Gunner,and Walter Yates;Trainer Shawn Klinger; Student Managers Hervis Levine, Justin Chambers, and Zachary Patterson; Athletic Director Micheal J. Mitchell; and Principals Roland Antoine and Otis Norris. After congratulatory comments by Mayor Moore and Councilmembers,the Council meeting was recessed at 2:27 p.m. for Council to join with the basketball stars and Ozen staff for a group photograph. The City Council meeting resumed at 2:30 p.m. with all Councilmembers present. Public Comment: Persons may speak on scheduled agenda items 7-10 Dr. Karen Fitzhugh, executive director for Girls' Haven, submitted changes to their application for 2001 CDBG funding for Council perusal. Consent Agenda Approval of the minutes of the regular meeting held March 20, 2001 Confirmation of committee appointments - No committee appointments A) Authorize the City Manager to execute a contract with Utility Service Company, Inc. of Houston ($73,650) for repairing and repainting the exterior of the 300,000-gallon elevated water storage tank at the prison complex - Resolution No. 01-076 B) Approve a payment(in the amount of$41,386.70 to Mustang Tractor and Equipment)for repairs to a 1992 Caterpillar 826C compactor- Resolution No. 01-077 C) Approve a contract(with Fuqua General Contractors, Inc.in the amount of$1,183,985.12) for the installation of a 16-inch sanitary sewer force main to serve the prison complex - Resolution No. 01-078 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None GENERAL BUSINESS 1. Consider a request for a zone change from A-R ( Agricultural-Residential ) to RM-H (Residential Multiple Family Dwelling-Highest Density ) District for a vacant 11 acre tract of land located approximately 1,592 feet north of Folsom Road Mayor Pro Tern Goodson moved to approve Ordinance No. 01-025 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL-RESIDENTIAL)DISTRICT TO RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING- HIGHEST DENSITY )DISTRICT FOR A VACANT 11 ACRE TRACT LOCATED ON THE EAST SIDE OF FM 364, APPROXIMATELY 1,592 FEET NORTH OF FOLSOM DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes March 27, 2001 Page 2 2. Consider a request for a zone change from RS (Residential Single Family Dwelling) and RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a personal storage warehouse at 1655 S. Major Drive Mayor Pro Tem Goodson moved to approve Ordinance No. 01-026 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OFTHE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OFTHE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED R-S (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT AND RM-H(RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)DISTRICT TO GC-MD-2(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT FOR PROPERTY LOCATED AT 1655 S. MAJOR DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Mayor Pro Tern Goodson moved to approve Ordinance No. 01-027 ENTITLED AN ORDINANCE GRANTING ASPECIFIC USE PERMIT TO ALLOW A PERSONAL STORAGE WAREHOUSE IN A GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED AT 1655 SOUTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 3. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density)to PUD(Planned Unit Development)District fora 12.01 acre tract located in the 3300 block of N. Dowlen Road Councilmember Cokinos moved to approve Ordinance No. 01-028 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS,BY CHANGING THE ZONING OF A 12.01 ACRE TRACT LOCATED IN THE 3300 BLOCK OF NORTH DOWLEN ROAD, PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO PUD (PLANNING UNIT DEVELOPMENT) DISTRICT,BEAUMONT,JEFFERSON COUNTY,TEXAS PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes March 27, 2001 Page 3 4. Consider a request for a specific use permit in a GC-MD (General Commercial-Multiple Family Dwelling) District for light fabrication of wire rope slings and industrial supply distribution of wire rope and chain wire slings for the trade Councilmember Smith moved to approve Ordinance No.01-029 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO LIGHT FABRICATION OF WIRE ROPE AND CHAIN SLINGS AND INDUSTRIAL SUPPLY DISTRIBUTION OF SLINGS FOR THE TRADE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT AT 2050 SABINE PASS AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 5. Consider a request for a specific use permit in an RCR (Residential Conservation and Revitalization) District to allow an existing residence at 2670 McFaddin Avenue to be converted into a medical office Councilmember Smith moved to approve Ordinance No.01-030 ENTITLED AN ORDINANCE GRANTING ASPECIFIC USE PERMITTO ALLOW AN EXISTING RESIDENCE TO BE CONVERTED INTO A MEDICAL OFFICE IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT2670 MCFADDIN AVENUE IN THE CITY OF BEAUMONT,JEFFERSON COUNTY,TEXAS. Councilmember Cokinos seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 6. Consider a request for an HC-L(Historic Cultural Landmark Preservation)designation for the house located at 325 7th Street Councilmember Smith moved to approve Ordinance No.01-031 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION DESIGNATION) FOR PROPERTY LOCATED AT 325 7T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes March 27, 2001 Page 4 7. Consider an ordinance amending Chapter 28,Article III by adding Section 28-57, requiring backflow preventers at each potentially hazardous connection to the City of Beaumont's water system In response to Mayor Pro Tern Goodson's questions regarding identification of violations and property owner notification, Public Works Director Tom Warner replied that customers will be amply notified and given a reasonable time of 30 days to resolve any violations. Councilmember Patterson moved to approve Ordinance No. 01-032 ENTITLED AN ORDINANCE AMENDING CHAPTER 28, ARTICLE III, TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, REQUIRING BACKFLOW PREVENTERS AT EACH POTENTIALLY HAZARDOUS CONNECTION TO THE CITY OF BEAUMONT'S WATER SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 8. Consider approving a contract for the construction of the Theodore R. Johns, Sr. Library Mayor Pro Tern Goodson verified that the contract amount is within budget, that construction completion time is 300 days, and that any surplus of HUD funds would be set aside for unprogrammed funds for next year. Councilmember Cokinos moved to approve Resolution No.01-079 authorizing a contract with N & T Construction Company, Inc. in the amount of $1,689,000 for furnishing all labor, materials, equipment and supplies necessary to construct the Theodore R. Johns, Sr. Library. Councilmember Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 9. Consider a resolution opposing the Texas Department of Transportation's (TxDOT's) Legislative Appropriations request submitted for FY 2002-2003 which contains a reduction of over$20 million from that appropriated for FY 2000-2001 Councilmember Smith moved to approve Resolution No.01-080 in opposition of TxDOT's Legislative Appropriations request submitted for FY 2002-2003, which contains a reduction of over$20 million from that appropriated for FY2000-2001,reducing the funding for smaller cities such as Beaumont by 29%. Mayor Pro Tern Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None Minutes March 27, 2001 Page 5 10. Consider the appointment of a designated hearing officer to preside at the appeal of the suspension of the towing permit for Bra-K Wreckers Councilmember Patterson moved to approve Resolution No. 01-081 recommending the City Manager appoint a designated hearing officer. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tern Goodson, Councilmembers Smith, Cokinos, Ames, Samuel, and Patterson Noes: None 11. PUBLIC HEARING: 2001 Action Plan of the Consolidated Grant Program The City Manager explained that a public hearing will be held to solicit public comments about allocations of Community Block Grant Funds for public services. Staff is recommending $100,000 be allocated for that item. He stated that the Community Development Act provides for up to 15 percent of the annual program income, which would be about $395,000. The recommendation from the Community Development Advisory Committee is approximately 10 percent, or$263,000. Other currently proposed activities would be reduced $163,000 for funding. Mr. Bonczek reviewed effects of reduction in other areas. The public hearing opened at 2:52 p.m. Ms. Patrice Johnson, 3910 Treadway, (for Thag Johnson's Dance Studio of Performing Arts) addressed Council to recommend changes in Block Grant allocations for funding in the area of Blanchette, Franklin, and College Streets. She spoke of the cultural diversity and need for opportunities for children in that area in recreational, educational, and cultural events. She suggested taking funds from the demolition and clearance line item for these activities. The location for the suggested project is a building at1692 Blanchette that needs renovation. Ms. Johnson submitted a cost estimate for renovations for Council consideration. Mr. Gerald Bailey addressed Council to request that funding for rental rehabilitation be re- instituted. He distributed pictures of properties he previously rehabilitated with CDBG funds and addressed advantages of rehabilitation. Councilmembers questioned CDAC recommendations,the split request of Thag Johnson's Dance Studio of Performing Arts, and the last year rental rehabilitation budget requests were considered. Dr. Karen Fitzhugh, 10295 Eastex Freeway, addressed Council regarding modification of her application for Girls' Haven. She stated that the initial application included funding for administrative costs,and the amended application requests specific items needed to move into their newly renovated building at 3380 Fannin that includes telephone, playground, and security equipment. Minutes March 27, 2001 Page 6 Ms. Tanya Jackson, on behalf of the Briggs-Cannon Community Empowerment Center at Plymouth Village Apartments, addressed Council to express appreciation for past considerations and in support of new funding to upgrade the facility where they provide computer literacy training, social services, and children's programs. Ms. Becky Stedman, on behalf of the Institute for Educational Advancement, addressed Council in support of the CDAC's increased funding request for public service grants. She reported that the Institute offers approximately 30 hours of professional counseling per week for youth in the Minnie Rogers Detention Facility. Counseseling includes conflict resolution, conflict management, substance abuse counseling, positive life choices, and a weekly speaker series and an outreach program at the Melton Y to help youth remain in the community. The request is specifically for conflict resolution, conflict management, and substance abuse counseling. Ms. Stedman stated this is the only program of its kind in Texas, is designed to reduce the recidivism rate of youth entering the juvenile detention system and asked for consideration of programmatic funding for our youth. Ms. Elaine Akins, director of counseling for 1. E. A., addressed Council to cite statistics reducing recidivism after counseling sessions, savings of tax dollars, and in support of the request of the Institute for Educational Advancement. Ms. Elaine Shellenburger, director of Nutrition and Services for Seniors at 4590 Concord, addressed Council to review their program that provides meals and transportation for needy senior citizens and to request funding from Community Development Block Grant monies. The Reverend J. D. Gregory, 3411 Glenwood, addressed Council to compliment Council and in support of investing in the lives of youth. Ms. Laura Clark, representing Court Appointed Special Advocates of S. E. Texas, addressed Council in favor of increasing grant funding and requested funds to complete the exterior of their facility. She stated that their group serves as the child's voice in court, cited statistics of services they provide, and spoke of their needs for a permanent wheel chair ramp, an awning, and a better back door entrance. Mr. Leroy Lewis, 111, 1201 Euclid, addressed Council in support of the request for providing meals for the elderly. The public hearing closed at 3:16 p.m. Review recommendations from city staff and the Community Development Advisory Committee relating to the 2001 Action Plan of the Consolidated Grant Program (Mayor Moore left the Chambers at 3:19 p.m.and returned at 3:20 p.m.during Council discussion of Community Block Grant funds.) Mayor Pro Tern Goodson asked for clarification of lead base paint problem obligations and the $55,000 amendment and $100,000 house replacement for low to moderate income housing, and the connection of these line items. Richard Chappell explained the Minutes March 27, 2001 Page 7 replacement housing line item is to assist with housing repair costs that exceed limitations of the minor care program,and that anew regulation effective September,2000, requires notification of a lead base possibility and testing. Safe work practices have to be used that will not be harmful to occupants, if lead base paint is detected. Mayor Pro Tern Goodson expressed his understanding that structural improvements, not aesthetic, were in the budget, and Mr. Chappell explained that lead base paint has to be tested and removed in areas that require weatherization,such as sliding windows and doorways where friction might occur. Mayor Pro Tern Goodson further questioned the number of 50 homes on the clearance and demolition being average. Johnny Beatty said that about 202 were razed last year with $80,000 of Block Grant funds expended to contractors for demolition. Councilmember Patterson verified that some of the dilapidated structures were demolished by inmates of correctional facilities. Further discussion included the number of houses demolished and that 50 is lower than those demolished last year. Mayor Pro Tern Goodson questioned knowledge of the amount of unallocated HUD grant funds prior to 2001 remaining, and Mr. Beatty acknowledged there are funds available for reprogramming. Mayor Pro Tem Goodson questioned when the reprogramable amount might be given to Council and reviewed the process with Mr. Beatty. Councilmember Ames clarified points of the process, more funding in public service, less in clearance and demolition, and a decrease of $88,000 for Edwards Park. Mr. Beatty explained that$200,000 was for development of a park at the former Edwards School site. In response to Councilmember Samuel's question, Mr.Chappell stated that 9 of 20 homes have been completed as part of the Edwards community development. Mayor Pro Tern Goodson added that he and residents of the Amelia area have been working diligently for many years to establish a community park and that it might appear to some to be an inequity that a park may be constructed in one year in the north end, but explained that funding for the Edwards Park is for specific region and not available for the Amelia area. He observed that allocation of funds may be viewed skeptically and that the process is tough because of limited funds for the number of meritorious requests. Mayor Pro Tern Goodson encouraged working with staff for guidance to the CDAC to come together and introduced his view that a grading system be implemented to view programmatic versus non-programmatic requests. He explained his past stance of one- time funding of programmatic allocations and encouraged agencies to include in their applications the amount of public/private partnership anticipated for the project, and said he could then probably look more favorably on program funding. Even then, Mayor Pro Tern Goodson said he feels programmatic uses should be limited and that a queue system should be inaugurated to eliminate the same agencies from repeatedly receiving funding. Councilmember Samuel agreed with Mayor Pro Tern Goodson's comments and supported a policy review of applications and an objective grading system. He expressed concern with Council movement after a CDAC review and recommendation, and said he does not want to summarily dismiss their work. Councilmember Samuel supported Mayor Pro Tern Goodson's reminder about federal funding and the importance that citizens realize these funds are designed for specific areas and may only be used for certain sections of the city. Citizens are not being ignored, but federal funds have specific use guidelines. Minutes March 27, 2001 Page 8 Councilmember Samuel again voiced his appreciation and respect for the CDAC recommendations. Mayor Moore conveyed interest in the amount of available reprogrammable funds, spoke of the funding gap between requests and budgeted monies, expressed appreciation to the CDAC, and stated that he favors considering increasing the amount for Public Services by at least$50,000. He complimented the bricks and mortar approach, but said there are other projects to consider for funding, asked Blocks Grants Administrator Johnny Beatty to supply Council with the amount of reprogrammable funds and requested the item be brought back to Council in a work session. Councilmembers comment on various matters Mayor Pro Tern Goodson announced that the"Neighbors in the Park" program will begin Sunday, April 1, at Rogers Park from 3:00 p.m. to 5:00 p.m. and thanked Councilembers for their attendance and support of the legislative delegations's fight against Senate Bill 2 for elimination of junior water rights. He advised Council of Lubbock Councilmember T. J. Patterson's lobbying for youth initiatives in Texas and an excellent presentation from Nueces County (Corpus Christi) Youth Opportunities United. He explained that they receive vast appropriations of state and federal dollars for youth related initiatives and suggested drawing from their expertise for the Mayor's Youth Commission and told Council he has information he will submit for their review. In response to Councilmember Cokinos, Mr. Bonczek replied that Orange County EMS responds to calls in Beaumont when City EMS and private EMS units are not available to respond to emergency needs, and said he would again supply a report that will include a request for specific EMS activity on February 16. Councilmember Ames said she received a detailed EMS report from a prior request and suggested the same be generated again. Councilmember Samuel reported receiving a letter of appreciation from Mr. Gerard Parigi for participation by Public Health Department staff and EMS Manager David Phillips in a Neighborhood Health Check held February 24 that was sponsored by Saint Catherine Drexel Humanitarians, Christo Rey Catholic Church, and Our Mother of Mercy Catholic Church. Councilmember Samuel added his appreciation to all of the volunteers for a tremendous venture in serving our community and said another neighborhood health check is being planning for the Saint Pius area. Councilmember Patterson announced that meeting dates for the Tyrrell Park Neighborhood Association have been changed from the first Monday to the first Tuesday of each month and will be held April 3 at 7:00 p.m. at the Tyrrell Park Elementary School. Also,the annual South Park Block Party will be held April 7 on Highland Avenue from 1:00 p.m. to 5:00 p.m. Councilmember Samuel apologized for having to leave the Council meeting (at 3:54 p.m.) to attend a court hearing, but said he will review citizen concerns through the minutes. Minutes March 27, 2001 Page 9 Mayor Moore reported receiving a citizen complaint about the waterfountain between City Hall and the Civic Center being inoperable when they purposefully scheduled an event at the Civic Center because of the added ambience of the fountain. Mayor Moore requested a report of the repairs. He congratulated District 17 Student Council Governments and said he gave the keynote address at the new Silsbee High School to high school students from Nederland, Port Neches, Westbrook, Central, and Ozen High Schools. He commended the program for getting young people involved in student government to learn about the electoral process. Councilmember Patterson interjected an announcement that the South Park Neighborhood Association will meet Thursday, March 29, and the City Manager and staff will present information about a proposed storm water utility fee. City Manager Report City Manager Stephen J. Bonczek asked for Council confirmation of Friday, May 11,from 8:00 a.m. to 3:00 p.m. to conduct the Budget Summit at the Tyrrell Park Garden Center. He reported receipt of correspondence from BISD School Superintendent Dr. Carroll Thomas regarding a donation of 20 acres near the Delaware extension and a two-year forecast for construction for a new elementary school. He stated that the extension will be part of the Capital Improvement Program and reflects a project that provides a positive return on investments with development, tax base, potential sales tax, a partnership with the School District, and should be reviewed during the Budget Summit. Mr. Bonczek reported that he and Public Works Director Tom Warner appeared on the Jack Pieper program on Radio Station KLVI and announced that continued presentations will be conducted Thursday, March 29, at the South Park Baptist Church at 6:30 p.m.;April 2, in Ward II at the ACORN Neighborhood Association meeting;April 9, at the Ward I Old Town Neighborhood Association; and April 17 at the Ward IV Pear Orchard Neighborhood Association. Mr. Bonczek gave a brief report of the transition from Officevision to Lotus Notes for City employees. Public Comment (Persons are limited to three (3) minutes). Mr. Leroy Lewis, III, 1201 Euclid, addressed Council to comment about citizens receiving assistance from Some Other Place and the Salvation Army, a safer environment for elderly citizens, drug transactions and dealers and related problems, needed repairs on Virginia Street, loud music in public parks and investing in metal detectors as a safety measure for City Hall. Mr.Mark Williford,635 Westgate,again addressed Council regarding vaccines containing a mercury preservative being administered at County and City health clinics. Mr.Williford stated that after speaking with Jefferson County Judge Carl Griffith about vaccines,Judge Griffith ordered an immediate report from the county health director. He complimented The Examiner for publishing a scholarly and non-sensational article about vaccines containing mercury and for providing an authoritative public service. Mr. Williford related information about the affects of a mercury based vaccine with approximately 60 times the recommended Food and Drug safety level on his daughter and the number of therapists and time taken to teach his daughter to draw a happy face. He cited other information regarding autism, rulings by the American Academy of Pediatrics and the U. S. Public Minutes March 27, 2001 Page 10 Health Service against administering mercury based vaccines, a fear of vaccine shortages, and the Public Health Department's purchase and practice procedures of vaccines. Mr. Williford reported pediatricians astonished response to a survey of the use of the vaccine and requested that Mayor Moore and the City Manager exercise their authority to order a report of the Public Health Department's use of mercury based vaccines. Mr.Williford offered to give Mayor Moore the picture his daughter drew to serve as a reminder to contact the Health Director, and Mayor Moore instructed Mr. Williford to submit the picture to the City Clerk for reproduction with the original to be returned to him. Mr. Bonczek stated he received a report last week from the Public Health Department verifying that the City receives vaccines from the Texas Department of Health that contain mercury and will continue to receive them until 2002 when they will be judged to be out of compliance. He said the source is authorized and sanctioned by the Texas Department of Health and there have not been any verifiable problems. Mr. Bonczek stated that he does not have details about excessive dosages and said there is quality control on vaccinations. Councilmember Smith stated there is no scientific evidence or proof that autism is related to thimerosal or mercury and that is the reason the Texas Department of Health is continuing to use the vaccine to avoid a tremendous shortage. (Councilmember Patterson left the Council Chambers at 4:03 p.m. during Mr. Williford's comments and returned at 4:06 p.m. during Council discussion regarding vaccines administered at the Public Health Department.) Mr. Godfrey Leggett, 185 Marceline, addressed Council to complain that since construction of the Dowlen Interchange, water stands in ditches near his home that is a breeding place for mosquitoes. When he originally reported the problem to the City, an engineer explained there was an obstruction and when construction was completed at Dowlen and Phelan, the problem should be resolved, but Mr. Leggett said water remains to stand in ditches after a heavy rain and asked Council to help with a solution. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Janice Haynes v. City of Beaumont, et al Jane Doe v. City of Beaumont, et al There being no further business, the meeting adjourned at 4:10 p.m. David W. Moore, Mayor Barbara Liming, City Clerk Minutes March 27, 2001 Page 11