CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING January 20, 2009 Mayor Ford called meeting to order at 7:00 p.m. Rusty Moseley, Michelle Nelson, Dave Tevis Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Staff Members Present: Ray Crader, Marshal, Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Mr. George Bryant gave the Invocation. Presentation was not given by Fire District. Presentation was not given by Mr. Keith Goodeaux. Mr. David Monteaux of Efficient Systems gave presentation. Explained the Heating and Air Conditioning Maintenance Contract his company would provide if the City of Bevil Oaks were to enter into a maintenance contract, including the yearly cost of $325.00. Contract provided for maintenance two times a year, for both air conditioner and heating system. The contract also provides for a 15% discount for all repairs. Citizen's Comments: -Mr. George Bryant commented about the problem with Sweetgum Road. It is in bad condition between Alaskan and Thousand Oaks. Councilman Moseley is aware of the problem and is working with Precinct 1 about all ofi the roads. Mr. Bryant is disappointed with the last newsletter because the Bevil Oaks Municipal Utility District (B.O.M.U.D.) personnel were not acknowledged for their help during Hurricane Ike. - Mayor Ford stated that she did the newsletter, and was unaware of all of the work done by B.O.M:U.D. personnel. She ask for more communication between the City and B.O.M.U.D., and recommended again that a representative from the water department attend the city council meeting to keep the line of communication open. Mrs. Hebert is concerned about ditches, and city signs. She encouraged the Mayor and Concerns about debris and litter on right-of-way in City. City is addressing the problem. Minutes of the Meeting: Council approved Minutes of December 16, 2008 (Atch 1) Treasurers & Accountant's Report: Given by Councilperson Adams. (Atch 2) Council to sign up to run for office again in May 2009. M/M/2C: Grimes/Moseley M/M/2/C as reported: Lowrey/Moseley Marshal's Report: Not given. Court Report: Court Received 1 citation. M/M/2/C as reported: Adams/Tevis Building Permits/Work Request: Mr. Kenneth Ortman, 13365 Davida Dr. granted a Temporary Variance to Ordinance 191 to place a FEMA Trailer on his property. M/M/2/C: Grimes/Tevis Discussion Items: Substandard Housing issue, 7125 River Bend Road, Bevil Oaks, TX. Report from the Attorney as having no contact with the property owner in response to his correspondence. Alli issues will be handled by the City's Attorney. Demolition of substandard home will cost approximately $11,000; the cost includes the filling of the swimming pool. This estimated cost is in the high end, and will take time to get it done. Recommendation is to demolish this home. Council all agreed that this a problem for the citizens, and a health issue. Workshop on Mobile Home Parks Annual Permits set for 9 February 2009. Proposed changes to Building Permits (Insurance and Bond issues). No changes to be -Website Management: Counci-woman Nelson provided a sample copy of a web page. Mayor Ford was unable to open the City's Web page. She recommended that Counciwoman Nelson talk with a web page designer by next council meeting. The City of Jefferson TXI has a sample of a website for reference. No action taken this meeting. Flooding/Drainage problems (Civic Center) Presentation was not given by Mr. Keith Council discussed the presentation given by Mr. David Monteaux of Efficient Systems. He explained the Heating and Air Conditioning Maintenance Contract his company would provide if the City of Bevil Oaks were to enter into a maintenance contract, including the yearly cost of $325.00. Contract provided for maintenance two times a year, for both air conditioner and heating system. The contract also provides for a 15% discount for all Call for election of Mayor, Council members for Wards 1, II, & Illt to be held on 9 May 2009; Early Voting to be held on Monday 4 May & Tuesday 5 May 2009 from the hours of made to permits. Goodeaux. No action taken. repairs. 7:00 A.M. to 7:00 P.M. each day. Action Items: Approved current Substandard Housing issue, 7125 River Bend Road, Bevil Oaks, TX. Report from the Attorney as having no contact with the property owner in response to his correspondence. All issues will be handled by the City's Attorney. Demolition of substandard home will cost approximately $11,000, the cost includes the filling of the swimming pool. This estimated cost is in the high end, and will take time to get it done. Recommendation is to demolish this home. Council all agreed that this a problem for the citizens, and a health issue. M/M2/C: Adams/Nelson Approved workshop on Mobile Home Parks Annual permits for February9,2009. Approved no changes to Building Permits (Insurance and Bond issues). M/M/2/C: Flooding/Drainage problems (Civic Center) Presentation was not given by Mr. Keith Approved the Efficient Systems Heating and Air Conditioning Maintenance Contract at a yearly cost of $325.00. Contract provided for maintenance two times a year, for both air conditioner and heating system. The contract also provides for a 15% discount for all Approved call for election of Mayor, Council Members for Wards 1, II, &I III to be held on 9 May 2009; Early Voting to be held on Monday 4 May & Tuesday 5 May 2009 from the hours 2009. M/M/2/C: Adams/Grimes Grimes/Tevis Goodeaux. No action taken. repairs. M/M/2/C: Adams/Grimes of 7:00 A.M. to 7:00 P.M. each day. M/M/2/C: Moseley/Adams Committee Reports: Building & Grounds - Councilperson Adams: Talked about parking lot and drainage. Roads & Drainage - Councilman Moseley. Talked to Robbie at Precinct 1 about starting roadwork again. May be 2nd Quarter before they can get to roads again. Community Development = Councilman Grimes: 5K, and Garage sale dates will be set. His Committee will meet next week to begin the planning. The 105 City would cost $2,500. toi fix 1 side. Mayor Ford asked Councilman Grimes to call sign IESIt to talk about spring pickup. Mayor & Council Comments: Mayor Ford: Thanked Council for a job well done. She appreciates their support. Paperwork has been sent to FEMA for possible help with cost oft the City of Bevil Oaks sign. Motion to adjoin meeting at 8:50 P.M. M/M/2/C: Nelson/Tevis MPd M. Ford, Mayor MLlmskh ATTEST: Michelle Nelson, Secretary Ber CITY OF BEVIL OAKS MINUTES OF Special Meeting February 9, 2009 Mayor Ford called meeting to order at 7:00 p.m. Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Rusty Moseley, Dave Tevis Council Member Absent: Michelle Nelson Staff Member Present: Ray Crader, Marshal, & Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Councilman Lowery gave Invocation. DISCUSSIONITEMS: Building Inspector Officer for Substandard Buildings, Ordinance #203. Review of Mobile Homes Parks requirements for annual permits. Increase fine for the dumping of trash and debris, Ordinance #192(to Ordinance #216). Ordinance # 217, calling for Election on 9 May 2009 for the positions of Mayor, 1 Council Member for Wards I, II, and III. ACTION ITEMS: Council made ai formal appointment of Mr. Steve Behrens as Building Inspector Officer of Substandard Bulldings per Ordinance #203. Mr. Behrens is a State Certified Building NOTE: City Attorney has started legal action on the property located at 7125 Riverbend Road, Bevil Oaks, Texas. Building Inspector is to re-inspect the home again. Both the Attorney and Inspector will attend the Council meeting on 17 February. Both will provide an update of action taken to date, and the.Attorney will discuss the.next phase of action to be Council approved change of fine amount in Ordinance #192 (to Ordinance #216) to not less than $200 and up to $2,000 for the dumping of trash and debris. Council reviewed all Mobile Home Parks permit packages, including ordinance Inspector. M/M/2/C: Grimes/Moseley. taken. violations. No Action taken. M/M/2/C: Grimes/Adams -An overview of some of the findings is as follows: Fredrick's Mobile Home Park: No violations Vautrot's Mobile Home Park: Trash in back of Mobile Home Park. Water Plant needs tol be cleaned-up. Property line of park needs to be clearly defined. There are also concerns about the lack of a wood fence between the' Vautrot's Mobile Home Park and Mr. Michael Manuel's property. The two owners are working together to come to an Bevil Oaks Mobil Homes Park: Trash, large amount of debris, fence on Sweetgum Road needs repairing or replaced, trailers are in disrepair, trailer frames on property, Attorney is sending letters to Mobile Homes Park owners not in compliance with Council approved Ordinance # 217, calling for Election on 9 May 2009 for the positions of Mayor, & Council Member for' Wards 1, II, and III. M/M/2/C: Grimes/Lowrey agreement before the City takes action on the issue. substandard building, no skirting around some trailers. ordinance. COUNCIL COMMENTS Mayor Ford provided an update on the following items: Building permit for Lowrey Place has expired. 30 January 2009 FEMA signed documents to release funds for building sign, building repair SETRPC/ORCA plus large sign. is working with 15t wave of Hurricane Ike funds. She attended a meeting last Tuesday, and will attend another public meeting next Wednesday. She also submitted a list of damaged roads and street signs, along with the costs to repair roads and replace street signs. Councilman Grimes: Committee is working on date of 5K walk, garage sale, date for clean up. Money for sign not received as of yet. His Committee is working on the replacement of City sign. Mayor Ford asked if the Community Development Committee could come up with a plan for adopt-a-block for City clean up. Motion'to adjoin meeting at 8:53 P.M. M/M/2/C: Grimes/Moseley Alule elion ATTÈST: Michelle gelmid Rebecca M. Ford, Mayor Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING February 17, 2009 Mayor Ford called meeting to order at 7:00 p.m. Rusty Moseley, Michelle Nelson, Dave Tevis Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Staff Members Present: Ray Crader, Marshal, Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Mr. Larry Landry gave the Invocation. Louis Leach of the Fire District gave presentation. Although thei fire ban has been lifted citizens must be careful during burning. Citizen's Comments: Mrs. Hebert is pleased with the display of flags. Mr. Larry Landry asked about dumpster for city wide cleanup. Mayor Ford is working Notice of hearing for the repair or demolition of property located at 7125 Riverbend Bevil Oaks, TX. Attorney Dru Montgomery representing the City stated all persons Drive, an interest in the property located at 7125 River Bend may appear and present having and or cross-examine witnesses. No one ofi interest showed to deal with the problem. testimony Mr. Behrens, Building Inspector has been appointed and first inspected the home November 2008. In his opinion, greater than 50% damage to the property due to roof in damage, doors damaged, deteriorating materials, rotted out, and has water damage, plumbing fixtures are gone, pipes are gone, swimming pool is bad. He could not enter the apartment. The last inspection was 16 February 2009. Photos of the second inspection Attorney Montgomery recommended a break for an Executive Session to debate an action with IESI for a date. were provided. toa address the afore mention property. 7:15P.M. Mayor and City Council broke for an Executive Session. 8:10 P.M. Reconvened Regular Council Meeting. Decision made to demolish property. Fill pool. City is prepared to demolish at 7125 River Bend Drive, Bevil Oaks, TX. Order is issued. All cost the City incurs, property the City will place a lien against the property to recover that cost. Minutes of the Meeting: Council reviewed Minutes of January 20, 2009 (Atch 1). Treasurers & Accountant's Report: Given by Counciperson Adams. (Atch 2) Marshal's Report: Given by Marshal Crader. Court Report: Court received 1 citation. Building Permits/Work Request: None Discussion Items: February 2009. Action Items: - Travel expenses for Mayor Ford to attend the FEMA Community Rating Workshop, 24 Council approved Minutes of. January 20, 2009 (Atch 1). M/M/2C: Grimes/Nelson Council approved Treasurers & Accountant's Report. M/M/2/C: Moseley/Tevis Council approved Marshal's Report. M/M/2/C: Adams/Moseley Council approved Court Report. M/M/2/C: Grimes/Tevis Workshop, 24 February 2009. M/M/2/C: Grimes/Tevis Council approved Travel expenses for Mayor Ford to attend the FEMA Community Rating Committee Reports: Building & Grounds - Counciiperson Adams: Water is still coming into building. Roads & Drainage - Councilman Moseley. No report. Community Development - Councilman Grimes: 5Kis scheduled for 10 April, Garage Sale scheduled for 2 May, Citywide cleanup scheduled for 16 May. More donations needed to purchase additional flags. Mayor & Council Comments: Mayor Ford: No more pickup of trees from County. No burning in ditches. Motion to adjoin meeting at 9:03 P.M. M/M/2/C: Nelson/Lowrey elnnp Rebecca M. Ford, Mayor Mblenddn ATTEST: Michelle Nelson, Secretary CITY OF BEVIL OAKS Minutes of Special Workshop March 2, 2009 Mayor Ford called the meeting to order at 7:00 P.M. Council Members Present: Jimmie L. Grimes, Sherry Adams, Michelle Nelson, & Rusty Moseley Council Members Absent: Norman Lowrey, Dave Tevis Staff Member Present: Ray Crader, Marshal, & Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Mr. Bledsoe gave the Invocation. Park Owners Present: Mr. Tim Fontenot, Mr. & Mrs. Mike Frederick, Mr. & Mrs. Louis Others Present: Attorney Jonathan L. Stovall (representing Mr. Tim Fontenot) Attorney Stovall addressed the Council and informed them that he was here to represent Mr. Fontenot with all matters pertaining to the ordinance violations of the Bevil Oaks Mobile DISCUSSIONITEMS: Review Mobile Home Parks Inspection Reports and Applications for Mayor Ford addressed the audience with the following information:. The City started with ordinance complaints in 2006. InJ January 2007 the Council restructured the ordinance realizing the need to grandfather" of some issues. All requested items were received from the owners as requested. Due to Hurricane Ike, the City did not enforce the ordinance, but in. January began to enforce the ordinance again. Iti is thé responsibility ofi the Park owner to maintain the park to comply with the ordinance. The City has been dealing with ordinance violations, and held a workshop to address the issue and what action should be taken at this time. The City went back for a follow-up inspection of the Parks with violations to determine what progress has been made. The Frederick's Mobile Home Park has no complaints or ordinance violations. Issues to address tonight are the Mobile Home Park application, Issue permit, then issue license. Follow-up inspections are as follows: Bevil Oaks Mobile Home Park: Remove trash and debris, substandard trailers to be demolished and removed (Inspector found several mobile homes to be substandard), West side of Park needs a fence, repair fence on Sweetgum Road side, Need to have property Action: To approve Permit: No motion made to approve permit. (Counciperson Adams abstained from voting). Since no motion to approve permit, motion is automatically denied. Mr. Fontenot has 30 days from today to appeal findings. No further action taken. Vautrot Home Park. Annual Permit and License. deeded in Owner's name. Frederick's Mobile Home Park: No violation found. Vautrot Mobile Home Park: Violations noted: Trash, trash around utility building, unmarked property and set back lines. All violations were corrected. ACTIONI ITEMS: Approve Mobile Homes Park. Applications for Annual Permit and License: Frederick's Mobile Home Park: No violation found. Approve permanent Permit. M/M/2/C: Moseley/Grimes Vautrot's Mobile Home Park: All violations corrected Approve permanent Permit. M/M/2/C: Grimes/Moseley Approve License to expire 31 December 2009. M/M/2/C: Nelson/Moseley Approve License to expire 31 December 2009. M/M/2/C: Moseley/Neison COUNCIL COMMENTS Motion to adjoin meeting at 7:32 P.M. M/M/2/C: Neison/Grimes ahamlel Rebecca M. Ford, Mayor Mal.l ATTEST: Michelle Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING March 17, 2009 Mayor Ford called meeting to order at 7:00 p.m. Rusty Moseley, Michelle Nelson, Dave Tevis Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Staff Members Present: Ray Crader, Marshal, Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Mr. Larry Landry gave the Invocation. Fire District gave no presentation. Citizen's Comments: N Mr. Larry Landry commented about roadwork and cleanup. Precinct 1 is to knockdown Minutes of the Meeting: Council reviewed Minutes of February 9, 2009, 17 February, Treasurers & Accountant's Report: Given by Councilperson Adams. (Atch2) dirt mounds on Riverbend Road. 2009 an March 2, 2009 (Atch 1). Marshal's Report: Given by Marshal Crader. Court Report: Given by Norma Lucus. Court received 4 citations, and collected $222.00 int fine and court costs. Building Permits/Work Request: 1 Discussion Items: Cost of mandatory training 4-6 May 2009 for Judge Dollinger, not to exceed $600.00. Certify election of unopposed Candidates for Mayor, and Council for Wards II, III, and I. Municipal Court Finei for "Non Registered Vehicle on City Streets in the amount of $50.00. Two new Entergy Lights, 4 poles, 3 spans, with transformers in the amount of $5,244.31. Cancellation of 9 May 2009 General Election as unopposed. Action Items: Council approved the cost of mandatory training 4-6 May 2009 for Judge Dollinger, not to exceed $600.00. M/M/2/C: Adams/Lowrey C Council approved Minutes of February 9, 2009, February 17, 2009 and 2 March, 2009 Council approved Treasurers & Accountant's Report. M/M/2/C: Moseley/Lowrey (Atch 1). M/M/2C: Grimes/Moseley ( Council approved Marshal's Report. M/M/2/C: Grimes/Tevis ( Council approved Court Report. M/M/2/C: Adams/Tevis -Council approved the cancellation of 9 May 2009 General Election as unopposed. Council approved Certifying of Election of Unopposed Candidates: Mayor Rebecca M. Ford, Councilman Dave L. Tevis, Ward I, Councilman Jimmie L Grimes, Ward II, and Councilman Meekie D. Moseley, Ward III. M/M/2/C: Nelson/Lowrey ( Council approved the Municipal Court Fine for "Non Registered Vehicle on City -Council approved the purchase of two new Entergy Lights, 4 poles, 3 spans, with M/M/2/C: Moseley/Adams Streets in the amount of $50.00. M/M/2/C: Tevis/Moseley transformers in the amount of $5,244.31. M/M/2/C: Grimes/Tevis Committee Reports: Building & Grounds - Councilperson Adams: Bids received from Carter and Company to do roof repairs and other repairs to City Office building. Roads & Drainage - Councilman Moseley. Precinct 1 will begin working in the City next week or as soon as possible. They are to smooth out dirt mounds and fill Community Development = Councilman Grimes: 5Kiss scheduled for 18 April, Garage sale is scheduled for 2 May, and City wide cleanup is scheduled for 16 May. More donations are needed to purchase additional flags. Yard of the Month will start potholes along Riverbend Road and other streets. again in the month of April. Mayor & Council Comments: Mayor Ford was asked about a Code Enforcement Officer. Looking at the budget, and in order to not pay more taxes, and feeling until things get better, Marshal Crader will continue to carry on as he has been. On larger code enforcement issues the City will work through the Attorney. Mayor Ford also encouraged people to volunteer to pick-up trash on their street. Mr. Steve Behrens will continue as Building Inspector. Motion to adjoin meeting at 7:50F P.M. M/M/2/C: Nelson/Lowrey slM-nl Rebecca M. Ford, Mayor 1:1.l ATTEST! Michelle Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING April 21, 2009 Mayor Ford called meeting to order at 7:00 p.m. Rusty Moseley, Michelle Nelson, Dave Tevis Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Staff Members Present: Ray Crader, Marshal, Norma Lucus, City Clerk Others Present: Charles Reed, CPA, Attorney Dru Montgomery, Attorney John All in attendance said the Pledge of Allegiance. Mr. Bledsoe gave the Invocation. Mr. Billy Pruitt, Mr. Tim Fontenot Stovall, Fire District gave no presentation. Mr. Billy Pruitt of the Department of Commerce, U.S. Census Bureau provided an overview of the 2010 Census. It is a Federal Law to collect number of population within each County to know who is in the area. The first census was in 1790. The numbers are City important for numerous reasons, some of the reasons are; lines can be drawn for Congressional Districts, Disaster Recovery information for the number of Citizens that require help from the Government. Would like to inform all citizens that the information may collected cannot be shared. There are only 10 census questions, and it is very important that everyone participate. All census employees have identification cards. Mayor Ford appointed two Co-Chair to assist in preparation for 2010 Census. They are Ms. Charlotte Furge, and Ms. Jackie Larson. The Census Committee will work throughout the and several meetings with Mr. Pruitt. Citizen's Comments: year with Mr. George Bryant: Talked-about ther Little Pine Island Bayou, and his trip to Washington toa address the problem. He has talked to Mr. Ritter. Ithas been 4-5 years trying to get Mrs. Bloss: Potholes at end of streets need filling, complaint about vacant houses and Minutes of the Meeting: Council reviewed Minutes of March 17, 2009, (Atch 1). Treasurers & Accountant's Report: Given by Counciiperson Adams. (Atch2) help. roads near mailboxes are bad. Marshal's Report: Given by Marshal Crader. (Atch 3). Court Report: None. No action ini the Court. Building Permits/Work Request: None Discussion Items: Mobile Home Park: The following is an overview of discussion on the Bevil Oaks Mobile Home Park: Attorney Dru Montgomery opened the discussion with an overview of the all license and permits granted by the City Council were approved with one exception. The Owner has the right to appeal this decision of denial. The Council will decide whether to approve the license and permit to operate. Mr. Fontenot, owner of the Bevil Oaks Mobile Home Park can ask questions of the Council regarding the decision rendered. Mr. Fontenot was represented by Attorney John Stovall and was allowed to ask questions in his Attorney Montgomery outlined Ordinance 191 violations as noted by Marshal Crader, and reviewed pictures of those violations taken at numerous times from 2007 through 5 May 2009. Concerns about trash, tree stumps, debris, and fence not completed. Mr. Fontenot was asked about ownership of the home located on his property. Ifitwas separate from Mobile Home Park, as it is paid property taxes as separate. In February and March 2009, Marshal cited the need to fence in property. Mr. Fontenot was asked by Attorney Montgomery, was he aware of Ordinance 191 in 2007, and if he intended to comply with the ordinance? Ifan investigator was sent out to inspect is this the best you can do? Mr. Attorney Stovall asked Marshal Crader about dangerous buildings. Marshal answered that substandard buildings had been removed but tree stumps, trash, cement where trailers had been, debris, fence not completed on North- end of Sweetgum Road, and on the West-end Attorney Stovall stated most of the violations have been corrected. 80% of the fence has been completed. The trash that is left is al burn pile. Mr. Fontenot is working on the problem at this time. Attorney Stovall then asked Mr. Fontenot to explain the violations, and his position. Mr. Fontenot stated that he is working on the violations and is near completion. Attorney Montgomery informed Mr. Fontenot of the current outstanding violations. Current photos were reviewed by City Council and Mayor. Marshal Crader stated the he had Counciwoman Nelson asked that the Owner be in compliance and follow the ordinance. Councilman Tevis stated the City has been trying 3 years to get Park into compliance, and have been more than patient, and Mr. Fontenot didn't comply. The City had to hire an Attorney. He needs to be in compliance with City ordinance and State laws. He didn't think Attorney Montgomery asked City Council to make a decision to approve or deny the Bevil Attorney Stovall asked the City Council to give a temporary probationary license to operate. Mayor Ford noted that a temporary license had been previously granted and nothing was representation of Mr. Fontenot. Fontenot stated "this is the best I can do." oft the Mobile Home Park. informed Mr. Fontenot numerous time of the violations. the ordinance was taken seriously. Oaks Mobile Home Park Permit and License to operate. done to correct the violations. Discussion Items Continue: 2 2008 Audit: Mr. Charles Reed, CPA, provided a copy of his 2008. Audit Report to the and City Council. He provided an overview comparing the 2007 with the 2008 Audit and Mayor noted the City continues to be in excellent financial condition. There were no discrepancies, Selection for "ORCA" Grant Administration Services: J.. Andrew Rice of Public and he appreciates the cooperation of the staff. Management, Inc. - Excessive Force Resolution (Grant) Grant Report City of Bevil Oaks Sign @ Hwy 105 & Sweetgum Road Required amount of Bond ($5,000), Ordinance 210, International Building Code Action Items: Motion to Approve Bevil Oaks Mobile Home Park Permit : None Motion to Approve Bevil Oaks Mobile Home Park License: None Motion for Bevil Oaks Mobile Home Park TemporaryLicense: None Councilwoman Adams and Councilman Lowrey abstained from voting. Council approved Minutes of March 17, 2009, M/M/2C: Grimes/Nelson Council approved Treasurers & Accountant's Report. M/M/2/C: Moseley/Tevis Council approved Marshal's Report. M/M/2/C: Adams/Grimes Deny the appeal Bevil Oaks Mobile Home Permit and License: M/M/2/C: Grimes/Moseley ( Council approved 2008 Audit as presented by Mr. Charles Reed, CPA. M/M/2/C: C Council approved the selection for "ORCA" Grant Administration Services: J. Andrew Rice - Council approved Excessive Force Resolution (Grant). M/M/2/C: Tevis/Lowrey Grimes/Tevis of Public Management, Inc. M/M/2/C: Moseley/Grimes Grant Report given by Mayor Ford. Council approved the amount, not to exceed $2,000, to help with the cost of the replacement of the City of Bevil Oaks sign @ Hwy 105 & Sweetgum Road. M/M/2/C: C Council approved the required amount of Bond in the amount of ($5,000), Ordinance 210, Grimes/Moseley International Building Code. M/M/2/C: Moseley/Lowrey Committee Reports: D Building & Grounds - New sign received for City Office. Cap over fire department is - Roads & Drainage - Councilman Moseley. Called Precinct 1 on road repairs. Community Development - Councilman Grimes: Will meet to discuss garage sale scheduled for 2 May. Will hold meeting 1 May. City wide cleanup is scheduled for 16 May. Committee will also discuss the possible date to reschedule the 5Kt to 6 June rotten, and will cost $1300 or $1400 to repair. 2009. Mayor & Council Comments: Mayor Ford gave an overview of current grants funds available. The house at 7125 Riverbend Road was condemned. Mayor issued order to demolish and order was published in the Jefferson County News. The Order to demolish was sent by Attorney Montgomery to both owners. All was to bring suit within 30 days. None were made. Nothing received in a formal manner. Courtesy notice of demolition was sent. Two weeks out from that notice, the City can begin the process of demolition. New poles and lamps will be installed on 29 May 2009. Motion to adjoin meeting at 9:10F P.M. M/M/2/C: Nelson/Lowrey els h Rebecca M. Ford, Mayor all.lw ATTEST: Michelle Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF Special MEETING April 25,2009 Mayor Ford called meeting to order at 9:00 p.m. Council Members Present: Sherry Adams, Norman Lowrey, Rusty Moseley Staff Members Present: Norma Lucus, City Clerk Alli in attendance said the Pledge of Allegiance. Mayor Ford gave the Invocation. Open Bids for the demolition of buildings located at 7125 Riverbend Road Bids were presented from: Coastal Demolition, Inc. K&ETractor-- $9,500 $10,800 R&RI Dozer and Backhoe, LLC- $11,800 Ai fourth bid was expected from Lark Group, Inc. but had not been received at time. Deadline for bids was 5:00 p.m. Friday, April 24, 2009. meeting All three contracting companies are bonded and insured do work fort the City of Beaumont. Motion was made by Councilman Mosely to award the contract to Coastal Motion was seconded by Councilman Lowrey. Motion carried and Coastal Demolition, Inc. was awarded the contract. Meeting adjourned at 9:15 a.m. Phenk Rebecca M. Ford, Mayor Demolition, Inc. Mlhalz.hen ATTEST: Michelle Nelson, Secretary CITY OF BEVIL OAKS Minutes of Regular Meeting April 25, 2009 Mayor Ford called the meeting to order at 9:00 A.M. Council Members Present: Sherry Adams, Jimmie L. Grimes, Cathy Crane, & Council Members Absent: Dave Tevis, Michelle Nelson, Jimmie Grimes Rusty Moseley Staff Member Present: Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Mayor Ford gave the Invocation. Open Bids for the demolition of buildings located at 7125 Riverbend Road Bids were presented from: Coastal Demolition, Inç. R& R Dozer and Backhoe, I.C- K&ET Tractor- $9,500 -$11,800 $10,800 At fourth bid was expected from Lark Group, Inc. but had not been received at meeting All three contracting companies are bonded and insured do work for the City of Beaumont. -Motion was made by Councilman Mosely to award the-contract to Coastal Demolition, Inc. Motion was seconded by Councilman Lowrey. Motion carried and Coastal Demolition, Inc. time. Deadline for bids was 5:00 p.m. Friday, April 24, 2009. was awarded the contract. Meeting adjourned at 9:15 a.m. hemld Rebecca M. Ford, Mayor illllb ATTEST: Michelle Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING May 19, 2009 Mayor Ford called meeting to order at 7:00 p.m. Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman and Michelle Nelson Lowrey, Council Members Absent: Rusty Moseley, Dave Tevis Staff Members Present: Ray Crader, Marshal, Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Councilman Lowery gave Invocation. Presentation was given by Fire District Chief Chris Gonzales. He stressed the importance of hydrating during the summer, checking smoke detectors and changing of batteries. When burning, please keep an eye on the fire. Home occupancy stickers was recommended byl Mr. LarryLandry. Chief Gonzales stated that a search of the structure is searched at the beginning and end of each call. thorough Mr. Scott Hargrove, 7090 Carroll Lane was interested in a 4 feet variance for his driveway. He was told to put in a written request outlining the reason for the Citizen's Comments: requested variance and Council would act on it. Executive Session: 7:10 P.M. Council adjourned for Executive Session. Hiring of the Deputy Marshal's position. 7:28 P.M. Council reconvened Regular Meeting. See Atch 1. M/M/2/C as written: Grimes/Lowrey M/M/2/C as reported: Lowrey/Grimes Minutes of the Meeting: Council reviewed Minutes of April 21, 2009 & April 25, 2009. Treasurers & Accountant's Report Given by Councilwoman Adams. See Atch 2. Marshal's Report: Given by Marshal Crader. See Atch 3: M/M/2C as reported: Adams/Nelson Court Report: Given by Court Clerk Lucus. See Atch 4. M/M/2/C as reported: Nelson/Adams Building Permits/Work Request: None. Discussion Items: None Action Items: Pre-Oath of Office administered for Mayor and Council. Oath of Office taken by Mayor Ford, and Councilman Grimes, effective 9 May 2009 for a two-year period. NOTE: Councilman Moseley and Tevis willl be sworn in by Notary Public Norma Lucus, as both were not in attendance for this meeting. Council approved the hiring of a Deputy Marshal. M/M/2/C: Adams/Grimes Committee Reports: Community Development: First Baptist Church. Councilman Grimes announced the 4thd of July celebration co-sponsored by the Salvaged some plants from the demolished house on Riverbend Drive. American Flag will be flown for Memorial Day and 4h of July. Highway 105 Sign bid approved and it will take about 4 weeks to install. Yard of the Month for May was awarded to Dwayne & Olivia Sellers of 7030 Carroll Lane. Riverbend Road has been cleaned up with the help of Citizens mowing the grass. Building and Grounds: Sand was delivered and spread in the park. Roof rim ridge was repaired. Roads & Drainage: Road work to begin soon. Grant money when received will be used for future road repairs. Council Comments: Councilman Lowrey stated that City Council would need to look at plans of Mr. Scott Hargrove for easement consideration. Counciwoman Nelson questioned infringement to neighbor. Motion to adjoin meeting at 7:58 P.M. M/M/2/C: Nelson/Lowrey Alonl Rebecca M. Ford, Mayor Malolllon ATTEST: Michelle Nelson, Secretary CITY OF BEVILOAKS MINUTES OF REGULAR MEETING June 16, 2009 Mayor Ford called meeting to order at 7:00 p.m. Rusty Moseley and Michelle Nelson Council Members Absent: Dave Tevis Council Members Present: Jimmie L. Grimes, Sherry Adams, Norman Lowrey, Staff Members Present: Ray Crader, Marshal, Nomma Lucus, City Clerk Others Present: Attorney Dru Montgomery, Ms. Erin Soto (Entergy Representative), Ms. Sharon Schmoker (IESI Operations Manager), Mr. Steve Behrens (Building All in attendance said the Pledge of Allegiance. Mayor Ford gave Invocation. Inspector), and Mr. Tim Fontenot. Presentation not given by Fire District. Presentation given by Erin Soto, Entergy Representative. Entergy is requesting a. rate change to decrease rates for 3 months, July, August and September, 2009. Customers will be credited for those months. Council approved the rate change to decrease rate for the noted period in the form of Ordinance Number 218. M/M/2/C: Presentation given by Sharon Schmoker of IESI Waste Removal for a rate increase for the monthly service from $13.30 to $13.80, effective 1J July 2009. The rate increase of .50 cent is requésted due to the land field rate increase of over 100%. New Adams/Grimes rate approved. M/M/2/C: Grimes/Moseley Citizen's Comments: Mrs. Jane Hebert thanked the volunteers for mowing and cleaning along Riverbend Mr. Larry Landry expressed the need for someway to slow down traffic when mowing Road. on Riverbend Road. Discussion & Action Items: Attorney Dru Montgomery published a notice of Hearing for the repair or demolition of structure located at 13450 Blackgum, Bevil Oaks, TX, was given. Attorney Dru Montgomery issued a Notice to home owner to Appear at this City Council meeting to discuss this issue. No person of interest appeared. Presentation given by Attomey Montgomery that the structure (home) flooded since 1994. Issuing Order to Demolition, to be signed within ten days. An response from Home owner is due within 30 days. Council asked how long will this action take? Attorey recommended 45 days. City Building Inspector Steve Behrens stated there. is not al lot to be done as he. considers it a dangerous structure. Mayor's comments on this issue: Mr. Etheridge, homeowner said he understand that : the structure must go. He has no funds to demolish. They are expecting the City to issue an order to demolish. Administrative costs can be recovered. Action Plan recommendations: 1. Councilman Moseley: Proceed with demolition of the structure located at 13450 2. Councilman Moseley: Determine length of time from date of order to demolish Blackgum, Bevil Oaks, TX: M/M/2/C: Moseley/Grimes : structure located at 13450 to 45 days: M/M/2/C: Lowrey/Adams Bevil Oaks Mobile Home Park PermitLicense application: -28 May 2009 was last citation issued for ordinance violations. Correction have been Recommend that Annual Mobile Home Park Permit be issued: M/M/2/C: made. Adams/Moseley -L License Application; Comments: Mayor. Ford stated that it has been a hard road to get. tot this point. Do not want the City to have to do this again. Feelings are to do a probation period from now through 31 December 2009 to assure. compliançe to ordinance. Recommedation to issue a Permenant License be issued to the Bevil Oaks Mobile Home Parkwith an expiration date of3 31 December 2009. M/M/2/C: LowerylAdams Minutes of the Meeting: Council reviewed Minutes of May 19, 2009. See Atch 1. M/M/2/C as Treasurers & Accountant's Report Given by Councilwoman Adams. See ACTH2. M/M/2/C: written: Grimes/Nelson Moseley/Grimes Marshal's Report: Given by Marshal Crader. New Deputy Marshal is John Jannise, CourtReport: Given by Court Çlerk Lucus., See ACTH4. M/M/2/C as reported:, Building Permits/Work! Request Temporary Variance to Ordinance 191 for FEMA trailer located at 7130 Riverbend Drive extended for 90 days to August 18, 2009. See ACTH 3: M/M/2C as reported: Adams/Grimes Moseley/Nelson M/M/2/C: Moseley/Nelson DssimsonamdAstoalem: : " Demolition Notice for dangerous Building located at 13450 Blackgum Road (See above) Ordinance #219 amending Ordinance #14 (Prohibiting solletor/Peddlers, Etc.) Approve Temporary' Variance to Ordinance 191 for FEMA trailer located at 7130 Update Emergency Management Plan Supplement. Plan updated to include Deputy Website & Systems Maintenance: Recommendation to hire an independent contractor on an' "as needed" basis to maintain City's computer System, and subscribe to M/M/2/C: Lowrey/Moseley Riverbend Drive (See above) Marshal position and is not to exceed the contingency budget. WebDaddy to maintain website. M/M/2/C: Nelson/Lowrey Action Items: See above for Action taken. Committee Reports: Community Development: Councilman Grimes announced the 4thof July celebration co-sponsored. by the First Baptist Church. About 100. American- Flags will be flown for 4"ofJuly. City has a new sign for Office. 4"of July celebration with co-sponsor First Baptist Church of Bevil Oaks, will serve Apple pie, hot dogs, apple pie, ice cream, soda, and bottled water. Al Parade willl begin at 5:00 P.M., and fireworks at 9:00 P.M. Yard of the Month awarded to the Don Smith Family, loçated at Sweetgum and Rolling Hills Building and Grounds: Machine to lay pipe trenches fori watering system in City Park çompleted by volunteers Mr. Adams and Mr. Langston. Roads & Drainage: New street signed ordered, speed limit, yield, etc: Council Comments: Mayor Ford discussed the grant approval for the 75% cost of replacement of road signs. and New signs and posts has been ordered for replacement to begin. Costs to change replace posts and sign is $15.00 each. Motion to adjoin meeting at 8:42 P,M. MM/2/C: Nelson/L.owrey Balm4cl ATTEST: Michelle Nelson, Secretary mas Rebecca M. Ford, Mayor CITY OF BEVILOAKS MINUTES OF SPECIAL MEETING JULY1 11,2009 Mayor Rebecca M. Ford called meeting to order at 9:00 A.M. Members Present: Sherry Adams, Jimmie Grimes, Norman Lowrey, Rusty Moseley Absent: Michelle Nelson, Dave Tevis Staff Member Present: Norma Lucus, City Clerk Others Present: Karen Nichols, Wells Fargo Bank Representative All in attendance said the Pledge of Allegiance. Invocation given by Mayor Ford. DISCUSSION ITEM: Changing City of Bevil Oaks General Checking & Court Accounts from Compass Bank to Wells Bank. Some of the reasons cited were: Lower Bank fees, Eaming credit is more, excellent customer Fargo service, and a dedicated representative (Josh Rodriguez). JCSD-1 is receiving excellent service from Councilman Lowrey expressed going with Community Bank. This issue can be reviewed in the Wells Fargo Bank. future. ACTIONITEM: Approve the changing of City of Bevil Oaks General Checking & CourtAccounts to the Wells Bank, effective immediately. M/M/2/C: Grimes/Moseley Motion to adjoin meeting at 9:15. A.M. M/M/2/C: Lowrey/Moseley Fargo Mookk ATTEST: Michelle Nelson, Secretary Mayor Sk CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING July21, 4 2009 Mayor Pro-Tem Grimes called the meeting to order at 7:05 p.m. Council Members Present: Jimmie L. Grimes, Norman Lowrey, Rusty Moseley, Excused Absences: Mayor Becky Ford & Counciperson Sherry Adams Michelle Nelson & Dave Tevis Staff Members Present: Ray Crader, Marshal, John Jannise, Deputy Marshal & Norma All in attendance said the Pledge of Allegiance. Councilman Lowrey gave Invocation. Presentation given by Fire District Chief Chris Gonzales. He discussed ambulance service to rural areas. Services are being hit hard by the economy. There are fewer ambulances to service the rural areas, and service may be delayed. On medical calls Dispatcher will look for an ambulance. Priority One will be the first to be notified. After August 2009 Stat Care will not respond to this area. Be aware that delays are possible. The County is going through this problem. All rural communities are having the same Lucus, City Clerk problems. Commissioner's Court is finally looking at the problem. Citizen's Comments: D Dr. Hani Tohme received warnings of ordinance violations. He is rebuilding his home from the inside out and debris is stacked outside. Due to non compliance he was issued ac citation to appear in Court on August 5, 2009. He provided pictures of other properties inv violation.and said they belong to several Council members. He stated that some Council members are not abiding by ordinances, and asked if they had been- issued letters. The pictures were distributed to Council Members Nelson, Lowrey, and Tevis. Each denied they were owners oft the properties shown in the pictures. Dr. Tohme delivered a letter to the Council members requesting the violations and court appearance be dismissed. He asked for copies ofl letters issued to all persons receiving the same ordinance violations citation. He only asked for "equal Justice for all." Ms Garrelts building permit was approve for a converted storage container on her property. Some confusion about thè need of an elevation certificate. She stated that if the container is watertight, an elevation certificate is not needed. Need clarifications on Mr. Jeff Franks voice concerns about ordinances in the City. He also volunteered to Minutes of the Meeting: Council reviewed 16 June 2009 Minutes of Regular Meeting and 11 July, 2009 Minutes of Special Minutes. See Attachment 1. M/M/2/C as written: the need of an elevation certificate. help the City in any way he can,, just let the City Clerk contact him. Nelson/Moseley Treasurers & Accountant's Report Given by Mayor Pro-Tem Grimes. See Attachment 2. M/M/2/C as reported: Moseley/Tevis Marshal's Report: Given by Marshal Crader. See Attachment 3: M/M/2C as reported: Court Report: Given by Court Clerk Lucus. See Attachment 4. M/M/2/C as reported: Building Permits/Work Request: Two Building Permits were approved. Ms. Amanda Garrelts, 7760 River Road and Mr. Hong Nguyen, 13560 Highway 105. M/M/2/C: Mosely/Lowrey Moseley/Neison Nelson/Moseley Discussion Items: Action Items: - Changes to Ordinance 207, Flood Damage Prevention to meet FEMA guidelines. -Council approved changes to Ordinance 207, Flood Damage Prevention to meet FEMA guidelines: M/M/2/C: Moseley/Neison Committee Reports: Community Development: Councilman Grimes announced the 4th of July celebration E Building and Grounds: Two flowerbeds were built and planted. Billboards were - Roads & Drainage: Street lights and signs are to be put-up. Councilman Moseley will asuccess, and will have the celebration again next year. updated. talk to Robbie of Precinct 1 about the roads. Council Comments: All stated that they are not in violation of city ordinances. Motion to adjoin meeting'at7 7:58 P.M. M/M/2/C: Nelson/Lowrey haumsle ATTEST: Michelle M.'N Nelson a CITY OF BEVIL OAKS MINUTES OF Special WORKSHOP August 11, 2009 Mayor Ford called meeting to order at 7:00 p.m. Council Members Present: Sherry Adams, Jimmie Grimes, Rusty Michelle Nelson, Dave Tevis Council Member Absent: Norman Lowrey Staff Members Present: Norma Lucus, City Clerk Accountant Present: Gary L. Zimmerman Moseley, All in attendance said the Pledge of Allegiance. Councilman Grimes gave the Invocation. An overview of the current Fiscal Year (FY) 2009 Budget was reviewed by the Mayor and Council. An overview of the current budget was provided by Mr. Zimmerman. Each budgeted line item was discussed. The current revenue and expected revenue was a guideline for the proposed FY: 2010 budget. The Accountant's recommendations for the proposed budget is at attachment 1. The Council reviewed the recommendations and will discuss and approve FY2 2010 budget at next Regular Council Meeting. No Discussion Item: tot the current FY budget was required. changes Reviewed the Emergency Notification Ordinance Number. 220. Action Item: Moseley/Grimes Council Approved the Emergency Notification Ordinance Number 220. M/M/2/C: Council and Mayor's comments: Mayor Ford updated the Council on ongoing projects and future grant funds expected and approved in the amount of $560,00. Plans continue for the building of a new Office. Grant funds int the amount of $155,000 will be used- for the shell of the new City structure. The City would be responsible for the interior. The office would be an addition to the current building, but separated from the Fire Department. All of this depends on when grant funds become available. Tax rate from Jefferson County Appraisal District was received and reviewed. The Grant account with a balance of $50.00 will be closed. Councilman Tevis recommended a discussion of building the new City office near the Bevil Oaks Municipal Water District. Megting adjourned at 8:45P.M. Phnnd Rebecca limall ATTESt: Michelle Nelson, Secretary M. Ford, Mayor SPM anasoe CIYOFBEVLOAKS Proposed Budget '09."10 Proposed 2009-2010 Budget 102,997,66 1,500.00 3,000.00 27,000.00 4,300.00 4,100.00 5,000.00 $00.00 43,700.00 15,000.00 800.00 600.00 9,800.00 6,600.00 1,500.00 600.00 182,797,66 7,275.00 8,700.00 7,600.00 100.00 1,300.00 800.00 7,800.00 2,000.00 4,360,00 3,000.00 500.00 6,490.00 500.00 $,500,00 3,280.00 4,000.00 3,000.00 1,000,00 5,000.00 23,175.00 122,900,00 216,170.00 8,000.00 10,000.00. 4,200.00 1,400.00 1,000.00 6,000.00 2,000.00 1,000.00 28,760.00, 12,380.00 1,000.00 53,510,00 3,200.00 5,000.00 1,000.00 10,000.00 8,000.00 27,200.00 318,080.00 2008-2009 Budost Changes 103,740.00 (742.36) 1,800.00 3,000.00 27,000.00 4,300.00 4,100.00 5,000.00 300.00 43,700.00 16,000.00 800.00 500.00 9,800.00 6,500.00 1,500.00 500.00 183,540.00 (742:36) 7,275.00 6,200.00 2,500.00 5,000.00 2,500.00 100.00 1,300,00 800.00 7,800.00 2,000.00 4,360.00 1,000.00 2,000.00 500.00 4,400.00 1,000.00 500.00 3,600.00 2,100.00 1,180.00 1,000.00 5,000.00 3,000,00 1,000,00 5,000,00 15,000.00 8,176.00 43,900.00 79,000.00 116,816.00 99,555.00 6,100,00 1,800.00 10,000.00 4,200.00 1,400.00 1,000.00 6,000.00 2,000.00 1,000.00 26,000.00 3,750.00 12,000.00 380.00 1,000.00 48,400.00 5,110.00 3,200.00 6,000.00 1,000.00 79,000.00 (60,000.00) 8,000.00 96,200.00 (69,000.00) 280.715.00 37,365.00 (07.175.00) (38,107.36) (136,282.36) income 4100-01 Tax Reyenve-Curent 4100-02 Tax Revenuw-Dalinquant 4100-10- Penalty & Fess 4200-00 Franchise Foes 4200-01. Communloations 4200-02- Entergy 4200-03 Entex 4200-04- IESIV Wastel Dlaposal 4200-06. Cable 4200-06- Traller Parks 4200-90. Other Franchisel Fees 4200-00. Franchisel Fess. Other Total 4200-00 Franchisel Fess 4300-00 SalesT TAx Recelpts 16p-00- Buliding Parmits 4500-00- Civie Cellter Rental 4600-00- Municipal Court Revenue 4890-09-Dividenda a Intersst-Road User 4800-10. Dividend 61 Interest- General 4800-20- Gaine on diaposal ofassets 4800-30. Donations 4900-00- Miscellaneous Revenue 4900-10- Grant Revenue Totall Income Expense 6100-00- Adminlstrative Expenses 6100-01 Accounting 6100-02* Auditorl Fees 6100-03. Altomay Foes 6100-04. Bank Fors 6100-06 Dues &8 subscriptions 6100-06 Election Expenses 6100-07 Insurance 6100-08. Jelf, Ca. Appralsal Fos 6100-09. Maintenanoe- Building 6100-10 Maintenance Grounds 6100-11- Miscellaneousl Expenses 6100-12. PayrollT Taxes 6100-13 Postage a Dellvery 6100-14-1 Publication ofNewsletter 6100-16- Seminars Training 6100-16. Supplles 6100-17-Travel 6100-18- Talephone 6100-19- Uslities 6100-20. Wapes. Ofice 6100-21 Capital Expenditures 6100-22 Contributions 6100-00* Administrative Expenses. Other Total 6100-00 Administrativel Expenses $100-50 Grant Expendkures 4200-00 Community Development 639.00-Contingncy 6400-00' Municipal Court! Expenses 6600-00* Law Enforcement 6500-01 Celiphone 6500-02- Equlpment 6500-03- Fuel 6600- 04- Haintenanse-veneie 6500-06 Supplles 6500-06. Wages. Marshall 6500-07 Wages. Deputy Marshall 8500-09 Postage 6500-00- Law Enforcement- Other Totale 6500-00 Law Enforcement 6600-00 Roads 6600-01 Orainage 6600-02- ughting 6800-03- Signs 8600-04- Maintenance-Roads 6600-06. Utlkles 6800-00' Roads. Other Total6 6600-00 Roads Total Expense Netk Income Mynagunent FINAL II lug 09 A1 CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING August 18, 2009 Mayor Ford called meeting to order at 7:00 p.m. Council Members Present: Jimmie L. Grimes, Sherry Adams, Council Members Absent: Norman Lowrey, Dave Tevis Rusty Moseley, Michelle Nelson, Staff Members Present: Ray Crader, Marshal, John Jannise, Deputy Marshal, Norma All in attendance said the Pledge of Allegiance. Mr. Ronnie Adams gave the Invocation. Fire District: Presentation given by Assistant Fire District Chief Dan Flowers. He the EMS who will be servicing the Bevil Oaks Community. Ms. Cindy overview of their services to the Bevil Oaks area of Jefferson County, Fitzgerald and Lucus, City Clerk introduced provided an they will continue to provide Ambulance service when dispatched.. Citizen's Comments: None Minutes of the Meeting: Council reviewed Minutes of21 July 2009 Minutes of Meeting and 11 August 2009 Minuutes of Special Minutes. See Attachment 1. M/M/2/C Regular Treasurers & Accountant's Report: Given by Counciiperson Adams. See Attachment Marshal's Report: Given by Marshal Crader. There are many problems with and golf carts on City streets. Marshal Crader stated that 4 wheelers are not the 4 wheelers, streets by State law, and is not a City law. He will continue to uphold the law. allowed He on city Deputy Marshal Jannise attended training in Odessa &Baytown Texas. The Odessa was the best ever attended and timely as the training covered ordinance violations. M/M/2/C as reported: Adams/Nelson written: Grimes/Moseley as 2. M/M/2/C as reported: Nelson/Grimes and training in illegal dumping, and CourtReport: Given by Court Clerk Lucus. See attachment 3. M/M/2/C: Adams/Grimes Building Permits/Work Request: Two building permits were approved prior to meeting. Discussion and Action Items: Discussed and approved 2009 - 2010 Fiscal Year Budget. See Attachment 4 M/M/2/C: Approved Ordinance 221, adopting and approving Fiscal Year Budget: M/M/2/C: Discussed and approved 2009 Tax Rate of 0219410 per $100.00. M/M/2/C: Adams/Nelson Grimes/Nelson Moseley/Adams Committee Reports: None Mayor & Council Comments: Mayor Ford reported she has completed all required paperwork with the Federal Emergency Management. Agency to get a rating for the City, so that Flood Insurance Rate for those ini the Flood Plain will be less. She is working to get some properties of the repetitive loss list. Motion to adjoin meeting at 7:40 P.M. M/M/2/C: Nelson/Moseley alh-lnl Rebecca M. Ford, Mayor Mull-7.her - ATTEST: Michelle Nelson, Secretary as7PM aH1200s CIYOFBEVILOAKS 09-'10 Proposed 2009-2010 Budget 102,907.65 1,500.00 3,000.00 27,000.00 4,300.00 4,100.00 6,000.00 300.00 43,700.00 15,000.00 800.00 8,800.00 500.00 6,500.00 1,500.00 500.00 182,797.66 7,276.00 8,700.00 7,500.00 1,300.00 100.00 800.00 7,800.00 2,000,00 4,350.00 3,000.00 500,00 5,490.00 600.00 3,500.00 3,280.00 4,000.00 3,000.00 1,000.00 6,000.00 23,175.00 122,900.00 215,170.00 8,000,00 10,000.00 4,200.00 1,400.00 1,000.00 6,000.00 2,000.00 1,000.00 28,750.00 12,380.00 1,000.00 53,510.00 3,200.00 5,000.00 1,000.00 10,000.00 8,000.00 27,200.00 318,080.00 (135,282,35) 2008-2008 Budpet Changes 103,740.00 1,500.00 (742.35) 3,000.00 27,000.00 4,300.00 4,100.00 5,000.00 300,00 43,700,00 15,000.00 800,00 500.00 9,800.00 6,500.00 1,500.00 600,00 183,540.00 (742.35) 7,275.00 8,200.00 2,500.00 6,000.00 2,500,00 100.00 1,300.00 B00,00 7,800.00 2,000,00 4,350.00 1,000.00 2,000.00 500,00 4,490.00 1,000.00 500,00 3,500.00 2,100,00 1,180.00 1,000.00 3,000.00 3,000.00 1,000.00 5,000.00 15,000.00 8,175.00 43,800.00 79,000.00 115,816.00 99,356.00 6,100.00 1,900.00 10,000,00 4,200.00 1,400,00 1,000.00 6,000.00 2,000.00 1,000.00 25,000.00 3,750.00 12,000.00 360.00 1,000.00 48,400.00 6,110.00 3.200.00 5,000.00 1,000.00 78,000.00 (69,000.00) 8,000.00 86,200,00 (69,000.00) 280,715.00 37,385.00 (97,175,00) (38,107.36) Income 4100-01. Tax Revenue-Current 4100-02. TaxF Reyenue-Dellnquant 4100-10. Peneltys &F Fees 4200-00: Franchise Fees 4200-01. Communtcations 4200-02-E Entergy 4200-03- Entex 4200-04. IESIV Waste Dleposal 4200-05. Cable 4200-08-1 Traller Parks 4200-90- Other Franchisel Feps 4200-00- Franchise Fees. -Other Total 4200-0 00 Franchise Fees 4300-00. Sales TaxR Recelpts 4400-00. Bullding Permits 4600-00. Civle Center Rental 4800-00. Munlcipal Court Revenue 4600-00. DIvidends &1 Interest-R Road User 4800-10. Dividend &I Intereat- Goneral 4800-20- Gaino ond dlaposalo ofa assets 4B00-30. Donations 4800-00. Miscellaneous Revenue 4800-10 Grant Revenue Totall Income Expense 6100-00. Administrative Expenses 6100-01 Accounting 6100-02 Auditor Fees 6100-03. Attorney Fees 6100-04- BankF Fees 8100-05. Dues & Subacriptions 6100-06. Election Expenses 6100-07- Insurance 8100-08. Jell. Co. Appralsal Fes 6100-00. Maintenance- Bulding 6100-1 10 Maintenance-Grounds 6100-11 Miscellaneous Expenses 6100-12. Payroll7 Taxes 5100-13- Postage &D Dellvary 6100-14. Publicationc OFN Newsletter 6100-15. Seminars &T Training 6100-16- Supplies 6100-47-Travel 8100-18. Telephone 6100-18- Utlities 6100-20-1 Wages. Office 6100-21- Capital Expenditures 6100-22- Contribullons 6100-00-A Adminlstrative Expenses Other Total 6100-00. Administrative Expenses 8100-60- Grant Expenditures 6200-00. Community Developmant 6300-0 00. Contingency 6400-00 Municipal Court Expenses 8500-00- Law! Enforcement 6500-01- Cellphone 6500-02- Equlpment 6500-03. Fuel 6600-04- Malintenance-Vehiele 6500-05. Supplles 6500-06. Wages. Marshall 6600-07 Wages- Deputy Marshall 6500-08 Pastage 6500-0D. LawE Enforcement- Other Totale 6E00-00- LaWE Enforcement 8600-00 Roads 5600-01-1 Drainage 6600-02- Lighting 6600-03. Signs 8600-04. Maintenance- Roads 6600-05. Utlitles 6600-00- Roads. Other Total 6600-00- Roads Total Expense Neti incame MangimmiUiaony agopk) FINAL Il (Slugog lug 09 AC1 CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING November 17, 2009 Mayor Ford called the meeting to order at 7:00 p.m. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley, & Michelle Nelson Council Members Absent: Dave Tevis Staff Members Present: Norma Lucus, City Clerk, Ray Crader, Marshal & John Others Present: Attorney Dru Montgomery, City Attorney & Mr. Steve Behrens, All in attendance said the Pledge of Allegiance. Mr. Ronnie Adams gave Invocation. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Councilperson Nelson expressed a Conflict of Interest on the proposed variance Jannise, Deputy Marshal Building Inspector City Ordinance #211. She presented an Affidavit. Fire Department: No presentation. Citizen's Comments: of Mr. Bud Merendino asked what is the current plan of action by BOMUD conceming their plans on the Sewer problem? Is there anything a Citizen can do? The Citizens voted against the Bond. Is there a way to get a petition to stop a loan process? Would the City be interested in being over BOMUD? BOMUD has closed sessions, and there are no solutions offered. How does citizens get City Council to address BOMUD issues? Mayor Ford opinion: BOMUD is operating on a Certificate of Convenience. Hard to resolve BOMUD. The City has no interest in taking over BOMUD. Attorney Montgomery provided additional overview of BOMUD. Itoperates as a Charter. Everyone has a right to view document under the Freedom of Information Act. All for information must be in writing. A copy of their Charter, minutes, budget, all capital request improvements, etc., can be requested from BOMUD. Before an attempt to resolve BOMUD a utility has to be created. - NOTICE OF HEARING FOR THE REPAIR OR DEMOLITION OF property located at 13450 Black Gum, City of Bevil Oaks, TX. Attorney Montgomery opened the Hearing by asking if there are persons having an interest in this property to appear and present testimony and/or cross examine witnesses. No one appeared who has an interest in noted property. Mr. Steve Behrens stated that damage to the structure exceeded 50% of the property value, and recommended the structure be red tagged as a dangerous Attorney Montgomery provided the following information to the Mayor and Council: Notice of proposed City action be given to Owner/Owners of property Building Inspector has found damage to structure exceeds 50% of property value Recommended starting the process to demolish property, but not recommending a Order homeowner to secure property. Still personal Items in structure. C Give Homeowner/Mortgage company an opportunity to remedy the problem. Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of October 20, Financial Report: Given by Counciiperson Adams. See Atch 2. M/M/2/C as reported: Marshal's Report: Marshal Crader provided the report. See Atch 3. M/M/2/C: structure. - The building is a dangerous structure Owner and SBA notified of hearing Post dangerous structure notice on property. quick action to demolish, so that legal process is complete F Red tag dangerous structure within 30 days S Still has lien on property 2009. See Atch 1. M/M/2/C as written: MoseleylAdams Moseley/Grimes Crane/Moseley Court Report: None Building/Work Request: 3 permits preapproved by Building Inspector. DISCUSSION ITEMS: above on discussion of hearing. Hearing on 13450 Black Gum, Bevil Oaks, TX for the demolition of property: See notes Proposed variance to Ordinance Number 211: NOTE: Attorney Montgomery advised that the Councilperson is acting as a private citizen and not a Council member in this discussion. Ms. Michelle Nelson provided the Council a talking paper outlining their proposal on the small brewery and the reason for the request of a variance to Ordinance 211, for their business located on Chimney Rock, Bevil Oaks, TX. She also presented an Affidavit to abstain from participating int the Council's discussion and abstain from voting on the proposed variancet to Ordinance #211. Mr. Cory Nelson stated to the Council that their business is regulated by State and Federal Laws. No customers are allowed to come to their business't to make purchases. Dephahwayr scalebeiRssEFSR ryear. They have received no issues or complaints from their neighbors. BOMUD has no problems with their business. The refrigerated van to load has no signs on it. The Nelsons are requesting a 5 year variance to Ordinance 211. To continue their business they must have a letter from the City stating approval ofa variance to Ordinance 211. Some comments on the variance 211 issues: Councilman Grimes asked how the immediate neighbors feel about the business? - Councilman Moseley suggested some sort of a formalized process to notify Citizens ofthe business, so that they can provide comments and input to council on the issue. Mayor Ford suggested sending bulk mail to those in the deed restricted area to inform them of the brewery, as they have a right to know of the proposal. -Attorney Montgomery also recommended the affected Citizens be notified, sO that After some discussion, Councilman Grimes made a motion to table the variance to Ordinance 211 issue until December Council meeting. 2d by Councilman Moseley. Any odors? Council can be satisfied that they are informed. Tabled. Reviewed Certified Roll Jurisdiction Summary for Tax year 2009 Reviewed Demolition Permit and Fee - Reviewed Investment. Account for re-approval Reviewed Resolution for Energy Grant expected to exceed $400.00 Action Items: M/M/2/C: Crane/Adams above notes. Moseley/Grimes - Reviewed request for required NIMS training for Mayor Ford, Dec7-9th, 2009, not Approve the demolition of property located on 13450 Black Gum, Bevil Oaks, TX. Proposed variance to Ordinance Number 211: Tabled until December meeting. See Approved Certified Roll Jurisdiction Summary for Tax year 2009. M/M/2/C: Approve Demolition Permit and Fee. M/M/2/C: Crane/Adams A Approve Investment Account for re-approval. M/M/2/C: Moseley/Nelson -Approve Resolution for Energy Grant. M/M/2/C: Grimes/Adams A Approved required NIMS training for Mayor Ford, Dec7-9th, 2009, not expected to exceed $400.00. M/M/2/C: Moseley/Crane Committee Reports: D Building & Grounds: None Roads & Drainage: None Community Development: Councilman Grimes and committee will hold Holiday drawing Mayor Ford stated Rating was approved, Mr. Rice said roads were approved. Motion to adjoin meeting at 8:40P P.M. M/M/2/C: Nelson/Grimes Aell Rebecca M. Ford, Mayor hllmmler ATTEST: Michélle M. Nelson, Counciperson CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING December 15, 2009 Mayor Ford called the meeting to order at 7:00 p.m. Moseley, & Michelle Nelson, Dave Tevis Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Staff Members Present: Norma Lucus, City Clerk, & John Jannise, Deputy Marshal Staff Members Absent: Ray Crader, Marshal (Sick Leave) Others Present: Attomey Dru Montgomery, City Attorney All in attendance said the Pledge of Allegiance. Dr. Holder gave Invocation. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Councilperson Nelson expressed a Conflict of Interest on the proposed variance to Ordinance #211. She abstained from voting on this issue. Fire District Presentation: None Citizen's Comments: Mr. Bud Merendino stated that BOMUD is applying for a loan in. January 2010 for the repair/rebuilding of the Sewer Plant. He fears the costs will be added to our water bill. The Citizens of Bevil Oaks voted against funds to rebuild the Sewer Plant. There was question on the status of the substandard house located at 13450 Blackgum Road. A demolition permit was approved, and demolition of property is to start soon. Minutes of the Meeting: Council reviewed Minutes of Regular Meeting November 17, 2009 and the sentence "They have been doing a small scale business for overa.year" was stricken from minutes. See Attachment 1. M/M/2/C with change: Adams/Grimes Financial Report: Given by Counciiperson Adams. See Attachment: 2. M/M/2/C as Marshal's Report: Deputy Marshal Jannise provided the Marshal's Report. See Reported: Crane/Grimes Attachment 3. M/M/2/C as reported: Tevis/Grimes CourtReport None. No action in the Court. Bulging/Demoltion Permits: Demolition for the property located at 13450 Blackgum Road, Bevil Oaks was approved prior to meeting by Building Inspector Steve Behrens. A7CH 1 Discussion Items: Discussed Reed and Associates 2009. Audit Engagement Letter, not to exceed $6,500. Flood insurance renewal - 2 Options Renewal of the Bevil Oaks Mobil Home Park Permit Bids for mowing of City right-of-way Purchase of property for Fire Station to be built on, using Grant Funds Public Hearing regarding temporary variance to Ordinance 211 for 13570 Chimney Rock, Bevil Oaks, TX and comments from Citizens to be limited to 3 minutes each. Conducted the Public Hearing regarding temporary variance to Ordinance 211 for 13570 Chimney Rock, Bevil Oaks, TX. Motion made to limit comments to three minutes each. M/M/2/C: Adams/Moseley. Comments from Citizens were limited to 3 minutes each. PUBLIC HEARING Ms. Michelle Neison gave a brief statement on the request of Gulf Coast Brewing Company for a 5 year variance to Ordinance 211, Section 2. She and her Family moved to Bevil Oaks six years ago. The business is highly regulated, not open to public, no advertizing. She asks the Council to consider the variance. The following Citizen comments were made: Zane Bledsoe - Asked the Council to maintain the integrity of the City of Bevil Oaks. Once the door is open to a variance to Ordinance 211, we willl have to Continue giving variances. Do not support a change to the ordinance. Ed Milam = Founders of Bevil Oaks wanted to keep businesses out of deed restricted areas. He voiced concerns about the environment, the impact on BOMUD water & sewer. Do we want a brewery in Bevil Oaks? The answer is nol Can we afford a Brewery in Bevil Oaks? Do not support a change to the ordinance. Dale Darby - Council is trying to stop small businesses. Stepping on other people toes. There are other businesses in Bevil Oaks. Concerned that the Council is narrow-minded. Supports a change to the ordinance. Valarie Cooley- Objection for 5 year variance. How will Fire Department handle Tom Cooley - Ordinance and deed restrictions are there for a purpose. Concerns about fire protection, and sales from brewery. Do not support a change in the ordinance. Colleen Grimes - There are all types of businesses presently in Bevil Oaks. Apply Wayne Brumley - Moved to Bevil Oaks for the deed restriction. Opposed to the Lavon Jones - City cannot enforce Deed Restrictions. He has no problems with The change to the ordinance, as long as thel business is regulated. Not opposed to the environmental issues. Do not support a change to the ordinance. restrictions equally to all businesses. change to the Ordinance in support of businesses. change in ordinance. Herman Davis - Not against business. He supports the Nelsons. Not opposed to Travis Darby = Feels people should educate themselves. Not opposed to Rick Squires- Everyone is worried about something they should not be worried E.J. Booker - Nothing against the Nelsons. He has lived in Bevil Oaks for 28 years. If variance is allowed It will open door to other businesses. Do not want al brewery. Kay McGrath = The ordinance is set up to protect the citizens of Bevil Oaks. She Objects to bringing in business to restricted area. Suggest moving business to area change in ordinance. in ordinance. change about. Not opposed to change in ordinance. Opposed to change in ordinance. Bevil Oaks without deed restriction. in R. Gilbrath = Changing the ordinance will open a big can of worms. Do not want a business in the City ordinance restricted area. Michael Amy - Lives on Riverbend - Wants the neighborhood to residential stay area. We have enough problems. He supports the Nelsons. Hani Tohme - Facts are distorted. Brewery will not create a problem in the Corey Nelson - Once or twice a month a truck will pickup supply, in 35 batches at a time. He sent out 600 flyers to the Citizens of Bevil Oaks to inform gallon them of his brewery, and talked to many of them. He provided the Council with a city. signed petition in support oft the variance to Ordinance 211. Action Items: Approved Reed and Associates 2009 Audit Engagement Letter, not to exceed Approved Flood insurance renewal - Option B chosen in the amount of $1,055. Approved the Renewal of the Bevil Oaks Mobil Home Park Permit for 2010. Approved the process to locate property for Fire Station to be built on, using Grant Funds. (Attorney Montgomery provided the following information prior to action by Council: The Fire District will pay for the purchase of property, a lease agreement with the City for 99 years for will be entered into for the same amount The Fire District was authorized to move forward on the location of property paid on property). which to build the new: fire station. M/M/2/C: Moseley/Crane $6,500. M/M/2/C: Nelson/Crane M/M/2/C: Grimes/Adams M/M/2/C: Adams/Nelson for Approved the Bid for the mowing of City right-of-way. Bid was awarded to Lawn Care. 18 mowings @ $400 each for ai total of $7,200 a year. M/M/2/C: Lindy's Tevis/Crane Approve/Disapprove the variançe to Ordinance 211 for 13570 Chimney Rock, Bevil Oaks, TX. After some discussion and the public hearing on the issue, Mayor Ford asked the Council to take action to approve or disapprove the variance to Ordinance 211. Councilman Grimes made motion to bring this issue to a vote to approve or disapprove the variance. A Approve a variance to Ordinance 211: OVotes to approve Disapprove a variance to Ordinance 211: 6 votes to disapprove. Motion Carried. Grimes/Moseley Mayor Ford appreciated all who came to voice their opinion on thei issue. Committee Reports Building & Grounds: None Community Development: Councilman Grimes reported the Holiday Yard winners were Aaron & Mystya Grider of 13475 Chimney Rock. Roads & Drainage: None Motign to adjoin meeting at 9:30 P.M. M/M/2/C: Nelson/Tevis Menal Rebecca M. Ford, Mayor Mhklle ATTEST: Michelle M. Nelson, Secretary