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