HomeMy WebLinkAboutMIN MAY 7 1996 REGULAR SESSION
CITY COUNCIL - CITY OF BEAUMONT
HELD MAY 711996 - 1 :30 P.M.
BE IT REMEMBERED that the City Council of the City of Beaumont, Texas, met in regular session
this the 7th day of May, 1996, 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
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The Invocation was given by the Reverend Richard McPherson, Cathedral in the Pines Christian
Center.
The Pledge of Allegiance was led by District 22 State Representative Al Price.
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Mayor Moore welcomed guests to the first meeting with the newly elected Council and to the
recently remodeled Council Chambers.
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Ordinance No. 96-24 canvassing the results of the General Election held May 4, 1996, for the
purpose of electing a Mayor, and two (2) Councilmembers-At-Large was considered:
150 May 7, 1996
ORDINANCE NO. 96-24
ENTITLED AN ORDINANCE CANVASSING THE RETURNS OF THE
GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE
4TH DAY OF MAY, 1996, FOR THE PURPOSE OF ELECTING A
MAYOR AND TWO (2) COUNCILMEMBERS-AT-LARGE; PROVIDING
FOR SEVERABILITY AND PROVIDING FOR REPEAL.
WHEREAS, the City Council of the City of Beaumont, in session, duly called the general city
election to be held on the 4th day of May, 1996, and the election returns of the 8,669 votes cast
in said election were canvassed for the following officials:
For the officer of the office of Mayor:
For the officer for the office of Councilmember-At-Large;
For the officer for the office of Councilmember-At-Large.
WHEREAS, after duly canvassing said returns, the City Council found that the votes cast
at said election for the several candidates for said offices were as follows:
For Mayor Votes Percentages
David W. Moore 6,630 77.33
Charlie Gibbs 1,726 20.13
Charlie Bennett, Jr. 58 0.68
Allen Lee 160 1.87
For Councilmember-At-Large
Andrew P. Cokinos 5,290 38.05
Mary Como Randall 2,159 15.53
Roberto C. Flores, Sr. 876 6.30
Willie Henry, III 302 2.17
Jerry Stopher 163 1.17
Becky Ames 5,111 36.77
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
That the results of said regular City election be and the same are hereby declared to have
been as herein set out and the following named persons were elected to the following offices:
For Mayor: David W. Moore
For Councilmember-At-Large: Andrew P. Cokinos
For Councilmember-At-Large: Becky Ames
The City Council of the City of Beaumont further finds that notice of said election was duly
and properly given as required by law and provided in the ordinance calling for said election and
that said election was duly and regularly held and returns thereof were duly and regularly made
by the proper officials of said election and in all things according to law.
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Ordinance No. 96-24 was approved on a motion made by Councilman Smith and seconded by
Councilman Davis.
Question: Ayes: All Nayes: None
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Former Mayor Maury Meyers was asked by Mayor Moore to give preliminary remarks and a charge
to the newly elected Mayor and Councilmembers-At-Large before administration of the Oath of
Office by Municipal Court Judge Lupe Flores.
Mr. Maury Meyers
Thank you very much, David, I appreciate very much the opportunity that you and Council have
given me, and I think I'll begin by saying first, that it's--the citizens spoke loud and clear at the
ballot box, and their message was decisive. By huge percentages they indicated a strong feeling
of satisfaction with you, Mayor Moore, and Councilmembers Becky Ames and Andrew Cokinos.
Such support should be the encouragement you need to form a very active agenda and creative
future for our City.
You know, this is the real playing field, we were talking about this the other day, Ray (Mr. Riley),
for government in our country. And, although Washington gets the real media hype, it's here at
home in our cities that things really happen. Every day is a Super Bowl, and elected leaders can't
hide, not in the city, you can't hide. It's all face to face, and that's any time of the day or night, as
you all know. Differing from our federal government, that's what the citizens expect. Whether it's
about a garbage pickup or a pothole in the street, you can't tell a citizen to write your office or send
you a fax. No, at the local level, it's eye to eye and face to face, and citizens say what's on their
mind, and they expect answers.
Over the last three decades the federal government intruded more and more into the operation of
our cities. Fortunately, they have finally come to realize, those folks in the city know what they're
doing, and we would be well advised to leave them alone and stop trying to tell them how to run
their city. And, this is good news. I think it creates bright opportunities for the future.
Our Council-Manager form of government is working well because we have a good manager and
good people working for our city. As you take your Oaths of Office today, do so with the knowledge
that the support you have received is encouraging. The citizens have given you marching orders
to lead. They are daring you to be creative and put your energies to work. Share a vision with
everyone that is dynamic and will take us into the 21st century--a vision with everyone that is
dynamic and one that is most vibrant, progressive, prospering cities in all of Texas...Share your
goals and dreams so that everyone can pull together for a common purpose. We are only five
short years away from the year 2001 which will be the 100th anniversary of Spindletop, our first
boom in Beaumont. What will we look like? Set your sights high knowing there is very little that
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can't be accomplished working together, and you all have set a beautiful example of doing that.
The citizens of Beaumont recognize when a City Council is giving it their best shot and understand
that you can't succeed at everything you try. I know that I express the good wishes of all the
people here and the citizens of Beaumont, when I say, God bless you and God-speed and wish
you the very best for the future.
And, now, I want to make (applause) to make sure that this ceremony is legal and meets the
requirements of the State of Texas, I will ask Municipal Court Judge Lupe Flores to assist me as
we first call Becky Ames and Andrew Cokinos to come down and take their Oath of Office.
Mayor Moore recognized Judge McNicholas and Commissioner Jimmy Cokinos, former mayors for
the City of Beaumont, in the audience.
Municipal Court Judge Lupe Flores first administered the Oath of Office to Becky Ames and
Andrew P. Cokinos as Councilmembers-At-Large for the City of Beaumont.
Mayor Moore asked his wife, son, mother and other family members to join him as Municipal Court
Judge Lupe Flores administered the Oath of Office to him as Mayor for the City of Beaumont.
After the official ceremony, Mayor Moore gave opportunity for comments from the successful
candidates beginning with Councilman Ames.
Councilman Ames
Thank you, Mayor. First of all, I'd like to thank all the citizens that have shown the confidence in
me to give me another term in office. I have truly enjoyed the past two years, and I look forward
to two more. As I said earlier in the race, two years isn't really long enough to learn everything that
there is, because there's a tremendous amount, and I have been lucky enough to have nice people
working with me up here (Councilmembers) and in the City, along with our City Manager and our
City Attorney, have been very supportive, and I do appreciate that. I think that as Mayor Meyers
stated earlier...the citizens have truly shown who they wanted in office by the percentages of votes,
and I feel very proud to have served on this Council for the past two years. We're very diverse,
but we get along great, and that's something I'm very proud of, and I'd like to thank everyone again
for your vote. Thank you.
Councilman Cokinos
Thank you, Mayor. The people have spoke. The election is over. I wish to thank all citizens who
voted in this election, for their interest and concern for Beaumont's future. I am deeply grateful for
all of those who supported me, and I will put every effort to live up to their expectation. I want to
congratulate David Moore, our mayor, with his election. I see a new spirit coming forth. Mayor
Moore is our leader, and with all Beaumonters working together, we're bound to succeed. May the
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4th will go down in history as the date Beaumonters took another step on the road back to good
government and economic prosperity. My hope is for the City Council to have an open government
and keep our people informed. I welcome back Councilman-At-Large Member Becky Ames. Not
only will she add beauty to this City Council, but I'm confident that she'll contribute fresh ideas and
offer fresh approach to find solutions to our problems. Thank you again, thank you.
Mayor Moore
I, too, would like to begin by saying thank you. Thank you to all of you who took the time to come
out. Thank you to all of you who, for the past two years, have been extremely supportive, and
especially to my family who is present, who has to tolerate me on a day-to-day basis or on issue
to issue, because it's very difficult to leave it at the office. You take it home with you each and
every day, and it's seven days a week. But, I thank this Council, and Manager and Attorney and
entire City Staff for the fantastic job that we performed the last two years. I view the last two years
as somewhat of a learning experience in this capacity. To the mayors that are present here today,
we still want you to remain a very active part of our community. Mayor Meyers, thank you so much
for giving us that community charge. It speaks of what we have to do if we're going to have a vision
for the future, and you were truly a visionary when you served in this capacity. Mayor McNicholas,
you're sitting back there today, and we're very happy to have you as a judge continuing your
service here in our community. And, of course, Judge Flores who issued the Oath for us today to
make it official, we're very thankful for that. And, Jimmy (Cokinos), you just keep on coming, you're
like the Energizer Bunny, right? You just keep on going, and we're awfully proud that you take the
time. And, to many of you who've known me from a small child, maybe a small boy, okay, and
watched me grow up, well, I want you to know I still need your continued support and your advice.
And to those of you who serve in various capacities, we want you to feel a very active part of this
community. To the men who were the challengers for the same office in this past race, may we put
the politics behind us now and get back to public service which is most important if this community
is going to grow. We all have different energies and different talents, and I encourage each and
everyone of you to join hands with me now so that we can start to build the community that we all
envision to be the best in Southeast Texas. We still have quite a bit of work to do as a Council.
You'll be hearing about things. We still have a lot of work to finish that we started the first two
years. But, I am so proud of this team that has been able to work through differences and
celebrate our diversity and show this community, as we've been doing in our neighborhood
associations, just exactly what it takes to be a great community. I envision for our community
continued growth, prosperity, but we'll only do it if we strive to do it together, and that's each and
everyone of you. Being that committe of one, being that individual that brings things to the table
that you're truly looking for resolution to, we can all put out the problems, but it takes all of us
joining hands together to work for the solutions. I'm accepting that challenge, and in sixty days
you'll probably hear a lot from this Council because we're going to create some new challenges,
and we're going to make some new commitments. We made some commitments last term and
am so proud of this group that worked with all of us to make it happen. I feel very, very confident
about the future of this community, but I feel very, very good about the young people in this
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community. Having my son here today means a lot because he gets an opportunity to see
government in action and also to look at the leaders who paved the ways and the roads that he'll
travel down. Again, I thank all of you. It's good to have someone in the house younger than John
Davis for a change! But, the commitment of this Council is to continue good government, to
continue to ask for your assistance and your support, and I ask one thing, understand it is not a
perfect science up here, we will make mistakes. But, I'll tell you, as one of my high school coaches
told me in playing defense, if you're moving fast and moving quick and you cause a wreck in the
backfield, you've done your job. Thank you for being here, and we will recess for a few moments
to the lobby.
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The regular session of City Council resumed at 2:15 p.m. 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
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Mayor Moore announced that an executive session will be held following the regular session of
City Council in accordance with Section 551.071 of the Government Code to discuss contemplated
or pending litigation: Kenneth Karr, et al v. City of Beaumont, TX and Tom Scofield and the claim
of Della Howard.
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Three Proclamations were issued: "National Transportation Week," May 12-18, 1996; "National
Tourism Week," May 5-11, 1996; and "Kaleidoscope Days," May 11 and 12, 1996.
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Citizen comment was invited on the Consent and Main Agendas.
Mr. Allen Lee, 5095 Maddox, addressed Council in opposition to Agenda Item 2 banning alcoholic
beverages in parks, claimed the action would be directed at African American young people at
Tyrrell Park and would be racist, spoke of usage of alcoholic beverages at the Golf Club, Collier's
Ferry Park, and told Council to think through their action.
Mrs. Mary Como Randall, 4255 Corley, congratulated the newly elected Councilmembers, pledged
her support and volunteered her services to them and with her son, Trey, distributed boxes of
chocolates to Council as a token of congratulations and friendship. Councilman Smith recalled that
Trey, along with some of his friends, assisted her with a project at Gladys City and complimented
their hard work and for doing a fine job.
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The following Consent Agenda items were considered:
Approval of the Minutes of the City Council meeting held April 30, 1996; and
Resolution No. 96-118 authorizing extension of the contract with the Southeast Texas
Community Development Corporation (SETCDC) for expenditure of funds related to the City's
HOME Grant Program, continuing with the existing contract criteria until August 30, 1996 for
project activity commitment and until October 31, 1996 for contract termination.
The Consent Agenda was approved on a motion made by Councilman Davis and seconded by
Councilman Patterson.
Question: Ayes: All Nayes: None
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Ordinance No. 96-25 amending Section 20-10 of the Code of Ordinances concerning possession
and consumption of alcoholic beverages and operation of sound reproducing or augmentation
devices in City parks was considered:
ORDINANCE NO. 96-25
ENTITLED AN ORDINANCE AMENDING CHAPTER 20
TO REGULATE ALCOHOLIC BEVERAGES AND
SOUND PRODUCING DEVICES IN CITY PARKS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
156 May 7, 1996
Mr. Riley said Section 20-10(h) is proposed to be amended and Section 20-100) be added. The
Parks and Recreation Advisory Committee met and recommended regulation consumption of
alcoholic beverages and sound producing devices in City parks. Mr. Riley explained that presently
Tyrrell Park is the only park that allows alcohol consumption and approval of this recommendation
would put all parks on a consistent basis. He said the ordinance would read, "No person shall sell,
consume or possess any alcoholic beverage within any park of the City...," but the prohibition
would not apply in three instances: "No. 1...within Riverfront Park so long as the sale to and the
possession and consumption is by persons who are attending functions sponsored by groups or
organizations which are held in conjunction with the rental and use of facilities controlled by the
Civic Center Complex...second, is at Fair Park, and that is within any permanent structure or any
enclosed or fenced-in area adjacent to them except the concession stands at the Fair Park and
inside the Coliseum or the fenced-in area around the Coliseum...the third would be the clubhouse
of the Henry Homberg Golf Course, and the prohibition would not occur as for special functions or
tournaments sponsored by groups or organizations permitted to be held at the Henry Homberg Golf
Course.
Mr. Riley said a second matter is "in regard to operating a device producing sound in a manner to
disturb the peace, quiet or comfort of persons in a City park." He said "we have the same
prohibition with regard to private property so that people may not have sound producing devices
that offend their neighbor." Mr. Riley explained that other ordinances in place do not specifically
address parks, and addition of Section 20-10(k) in this ordinance "relates to conditions of behavior
on the park."
Councilman Davis commented that not only Beaumont young adults visit Tyrrell Park, but people
from Louisiana and other parts of Southeast Texas take advantage of the facility, and there is a
problem that must be addressed, said young people are encouraged to visit Tyrrell Park, said there
is a concern with the level of alcohol consumption, disposal of empty bottles, clean up
responsibility, and the effects caused by too much alcohol consumption. Councilman Davis spoke
of a desire that negative activities not occur, but that people enjoy themselves at the park, said
there is no attempt to rob African Americans of anything, said they want people to have a safe and
fun park to enjoy and because of that he will support this ordinance.
Councilman Patterson said she concurred with Councilman Davis' comments regarding a viable
place for young people to congregate for recreation and concerns with alcohol, litter, behavioral
changes. She questioned partial banning of alcohol at the park and use of alcohol on the golf
course and further discussion by the City Manager and Council addressed the limitations of use
at the club house and during tournaments when the golf pro accepts legal liability.
Councilman Smith supported the addition of Section 20-10(k) relating to sound, said it is very
important and that she would like that extended to the rest of the city. Councilman Smith said she
receives many calls about boom boxes going through neighborhoods all during the night and
creating tremendous problems.
157 May 7, 1996
Councilman Goodson said that with summer approaching, Collier's Ferry being closed for 250 days
for improvements, a message needs to be sent back to the Parks and Recreation Advisory
Commission that a large constituency of citizens using parks need alternative programs to continue
use of parks in an appropriate, non-destructive manner.
Mayor Moore agreed with Councilman Goodson, said there have been conversations with the City
Manager, with Mr. Jackson and that he would probably ask Parks and Recreation for assistance
in other summer activities.
Councilman Smith added that if the undergrowth at Klein Park was cleared, it might be considered
as an alternate site for a summer program, and Mayor Moore said he would like information about
that park, as well as a comprehensive plan for operation of the parks during the summer in the near
future.
After further discussion, Mayor Moore suggested increasing the distance in Section 20-100) to 100
feet, complimented Harry Jackson for his assistance in calming two potential incidents last Sunday,
said one of the concerns is the sexually explicit music played that is so offensive to some and a
distance limit would help with that problem. Mayor Moore further discussed alcohol consumption,
alcohol usage by underage individuals, litter, the example to small children, public safety, the
nuisance factor for residents living near the park and said there is a fad in the community called
the gangster swerve or the gangster weave that needs to be addressed. He explained that the
driver of a vehicle goes out of his way to "make a long looping weave in the street and back," and
said he has received calls from petrified citizens after encountering this experience. Mayor Moore
said he witnessed this fad recently and called the Police, said it is unbelievable, irresponsible and
dangerous.
Ordinance No. 96-25, amended to increase the distance in Section 10-20(j) to 100 feet, was
approved on a motion made by Councilman Smith and seconded by Councilman Patterson.
Question: Ayes: All Nayes: None
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Councilman Goodson reported another excellent turnout at the Amelia Neighborhood Association
meeting, thanked Carol Williams for providing a fine update of the recycling program,
complimented the Amelia neighborhood for a 38-40% recycling set out rate, said they were very
happy with the renewed weekly pick up of recyclables. Also, Councilman Goodson thanked
Planning Director Steve Richardson for presenting an update of planning issues regarding moving
homes into developed neighborhoods not meeting the same standards as existing homes.
Councilman Cokinos acknowledged and complimented Rayburn Davis, Murray Calkins and the City
employees of the Building Services Division responsible for remodeling the Council Chambers.
158 May 7, 1996
Councilman Davis congratulated the Mayor and At-Large Councilmembers for a victorious race and
expressed a concern with some actions after young people leave Tyrrell Park. He spoke of
congregating at business establishments not being prudent for them.
Councilman Patterson complimented the Cinco de Mayo celebration last weekend, said Neighbors
in the Park at Sprott Park was well attended and said she especially enjoyed the puppet show
presented by Triumph Church. Also, Councilman Patterson said she attended part of the youth
workshop, "Teen Things," held by Positive Productions. She commended their efforts, thanked the
City Manager, Public Works Director Tom Warner and the Streets and Drainage Division for
prompt action to the recycled asphalt problem on Fourth Street, said there is a serious need for
places for young people to have recreation and to socialize, asked the City Manager to check with
other cities of Beaumont's size that have similar problems regarding their solutions and suggested
the possibility of forming a task force to review the need.
Mayor Moore said he also enjoyed attending Neighbors in the Park at Sprott Park, congratulated
Saint Anthony's School for their May-Fest activities, the India-Fest for their cultural celebration, All
Saints School for their new education facility expansion, the Positive Productive Teen Workshop,
the Cinco de Mayo celebration and added comments about young adults congregating at Tyrrell
Park, said the park is intended for their use, and highlighted the number of activities that were
available for recreation this past weekend for young people compared to what was available
several years ago. Additional activities he spoke of included more movie theaters, three teen
centers, more parks, the Sterling Pruitt Center, and commented about the YMBL Rodeo, Neighbors
in the Park, Concerts in the Park and the upcoming Kaleidoscope. Mayor Moore encouraged
attendance at some of the other community activities.
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Mr. Tony Sacker, 4635 Elmherst, congratulated Mayor Moore and Councilmembers Ames and
Cokinos on their reelection, commented that usually a golf course is closed to the public during a
tournament and discussed green fee coverage, addressed recent remodeling of the Council
Chambers and said only incumbent mayor's picture should be displayed.
Mr. Roland Lee Davis, 535 McGovern, addressed Council in appreciation for assistance with
housing repairs and the Charlton-Pollard Neighborhood Revitalization, volunteered support to
Council and announced there will be a sneak preview "Time Out For Mom" of items for sale with
proceeds benefiting Mrs. Ruth White's Brown Bag Nutritional Program, an effort to fight hunger.
Mr. Allen Lee, 5095 Maddox, illustrated voter participation in elections by displaying a dime and
a dollar bill indicating 10% participation, added additional comments about the election including
criticism of contributions to candidates coming from residents in the west end of Beaumont,
preferences of services provided, spoke about the number of votes he received, membership in
the Concerned Citizens and Taxpayers organization, lack of NAACP representation, criticized
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professionalism of a police officer, and claimed to address the 90% of citizens who did not vote.
Mr. Raymond Chaisson, 1130 Lamar, addressed Council in support of the efforts to revitalize the
Charlton Pollard neighborhood, said there is much to be done, but the needs are being addressed
and complimented Council for working together to accomplish making Beaumont a better place for
all.
Mr. Charles Paul, 5615 Phelps Road, added congratulations to reelected Councilmembers, read
a response he wrote about two years ago about changes in Southeast Texas regarding the
economy, environment, race relations, crime and quality of education. Mr. Paul said in the order
of importance to him, they would be race relations, quality of education, economy, environment and
crime and commented about each. Mr. Paul added his thoughts about role models, values and his
personal success in growing up as a successful man, family man, businessman and firefighter and
said the issue at Tyrrell Park needs to be thought out, confirmed that the young people need to
properly dispose of litter, clean up the music and reduce the volume and encouraged discussing
the subject directly with them.
Mr. Charles Johnson, 5080 Helbig, told Council he met with the Police Review Board, criticized the
procedure, said the Civilian Review Board needs to be placed on the ballot, suggested that the
Internal Affairs procedures be a topic for the Police Department to air on their television program,
discussed pictures distributed earlier to Council of the apartments where he resides and asked that
Council intercede to assure the apartments meet established standards, asked that they look into
the Federal Government's Empowerment Program to help educate youth, increase sports activity,
provide additional housing and other programs. Mr. Johnson spoke of having concerts at Fair Park
again. Councilman Davis commented that Council is limited in dealing with Plymouth Village
because it is a Federal Housing project, said the City Building Codes standards have been
investigated and encouraged residents to write to representatives at the federal level. Mr. Johnson
said it has been stated that the sewage problems are a City problem.
Mr. Charles Durio, Jr., 5360 Phelps Road, addressed Council to express his views about activities
at Tyrrell Park. Mr. Durio said he did not condone some of the actions of the young adults, but said
they need something to do and said many young people are leaving Beaumont after graduation
because they feel there is nothing here for them. Mayor Moore added comments love of
community, asked that adults become better ambassadors for our community, spoke of family and
church activities, civic activities and challenged citizens to bring good, positive ideas to Council
and Staff. Mayor Moore encouraged using the library, reading the newspapers for activity
announcements and commented that some activities cost, but many are free.
Mr. Robert Lynn DeMary, 430 East Elgie, distributed fliers announcing the Citizens on Patrol city-
wide garage sale on June 8, 1996, and a report of Police calls dispatched during April. Mr. DeMary
said citizens agree with Councilman Smith about the noise level of electronic devices being a
nuisance.
160 May 7, 1996
Mayor Moore expressed his disappointment that people use the microphone during the citizen
comment portion of City Council to exploit others, said Mr. Lee has made negative comments and
then leaves the meeting after stirring up issues, pointed out that when the community starts
reaching out and crossing over color and racial barriers, Mr. Lee condemns the action, and said
he fails to mention that not only are large contributions received, but contributions of much lesser
amounts are also given by fellow church parishioners and neighbors and they also cast their vote.
He said people contribute out of their means, some large and some small amounts, but the mayor
serves all of the people all of the time. He said Mr. Lee should realize he has received a
message from the people by the 160 votes he received, about 1% of the votes cast, commented
that when good people move forward, stop looking at everything by color, he tries to destroy the
progress, and Mayor Moore encouraged the community to move forward with Council.
Mayor Moore read an announcement: "United States District Court for the Eastern District of
Texas Beaumont Division, Allen A. Lee, Martha Clark, and Glenda Dent, Plaintiffs, vs. Rosemarie
Smith, City Clerk of Beaumont, Texas, in her official capacity, and the City of Beaumont, Texas,
Defendants, NOTICE OF DISMISSAL BY PLAINTIFF PURSUANT TO RULE 41(a)(1), To: The
Honorable U. S. District Judge Howell Cobb, United States District Court, sent to Mr. Lane Nichols,
Please take notice that the Plaintiffs discontinue the above-entitled action and dismiss the
complaint without prejudice. Please see Rule 41(a)1), Federal Rules of Civilian Procedures, dated
May 7, 1996."
Mr. Dwayne Augustine, 3190 Eastex, Apartment 140, addressed Council regarding sewer problems
in his neighborhood, said he did not think a large enough compromise was made regarding Tyrrell
Park for responsible adults wishing to conduct family and class reunions there and said he did not
agree with the 100 feet distance requirement for music because of the trees serving as a sound
barrier, said he has not heard of any complaints from neighbors and said young adults need to be
addressed on a one-on-one basis or in a special meeting.
Mayor Moore thanked Mr. Augustine for his comments and encouraged him to work with Council
through Councilman Patterson who represents Ward IV, said he has personally spoken to the
young adults on a one-to-one basis and that fifth Tuesdays provide opportunity for anyone to
attend a night City Council meeting.
Ms. Glenda Dent said she can't speak for Mr. Lee or Ms. Martha Clark, but still feels the need for
a Citizen Review Board for the Police Department.
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There being no further business, the meeting was recessed to reconvene in executive session.
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161 May 7, 1996
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 May 7, 1996.
Barbara Liming
Deputy City Clerk
162 May 7, 1996