CITY OF BEVIL OAKS MINUTES OF Special Urgent MEETING January 28, 2010 Mayor Ford called the meeting to order at 6:00 p.m. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley, & Dave Tevis Council Member Absent: Michelle Nelson Staff Member Present: Norma Lucus, City Clerk All in attendance said the Pledge of Allegiance. Invocation was given by Dr. Phil Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Councilman Grimes & Councilman Moseley expressed a conflict of interest and abstained from the discussion and voting on the Resolution for the acquisition of Holder. property for the new fire station. Action Items: Council approved a resolution of the City Council ofthe City of Bevil Oaks, Texas, Authorizing the submission of a Texas Community Development Block Grant Program Application to the Texas Department of Rural Affairs for the 2008 supplemental disaster reçovery fund; and authorizing the Mayor to act as the City's Executive Officer and authorizing Representative In all matters pertaining to the City's participation in the Community Development Program. Be it resolved by the City Council oft the City of 1. That a Texas Community Development Block Grant Program application for the 2008 Supplemental Disaster Reçovery Application is hereby authorized to be filed on behalf of 2. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Block Grant Program. 3. That it further be stated that the City of Bevil Oaks is committing $10,000 from its City Council approved the adoption of a Resolution on the acquisition of property for the new Fire Station: M/M/2/C: Adams/Tevis (See Resolution at attachment 1). Councilman Grimes, Councilman Moseley & Mayor Ford abstained from discussion and voting on this Bevil Oaks, Texas: the City with. the Texas. Department of Rural Affairs. general fund to acquire a site for the construction of a fire station. resolution, Motipn to adjoin meeting at 6:20 P.M. M/M/2/C: Teyis/Adams Shell Rebecca M. Ford, Mayor dbenes Grimes, Mayor Pro-Tem ATTEST: Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF) BEVUL OAKS, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO THB TEXAS DEPARTMENT OF RURAL AFFAIRS FOR THB 2008 SUPPLEMENTAL DISASTER RECOVERY FUND; AND AUTHORIZING THE MAYOR TO ACT A8 THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY 'S PARTICIPATION IN THE COMMUNITY WHEREAS, the City Council of the City of) Bevil Oaks desires to develop a viable urban community, including deçent housing and a suitable living environment and expanding cconomic opportunities, prinoipally for persons oflow/moderate. income; and WHEREAS, the City's fire station failed to function adequately during Hurricane Ike; and NOW, THEREFORE, BEI ITRESOLVBD BY THB CITY COUNCIL OF THE CITY OF 1. Thata' Texas Community Development Block Grant Program application for the 2008 Supplemental Disaster Recovery Application is hercby authorized to be filed on 2. That the City Council directs and designates the Mayor as the City' 's Chief Exccutive Officer and Authorized Representative to act in all matters in connection with this application and the City 's participation in the Texas Community Development Block 3, That it further be stated that the City of Bevil Oaks is committing $10,000 from its DEVELOPMENTPROGRAM. BEVIL OAKS, TEXAS:, behalfofthe City with the Texas Department ofRural Affairs. Grant Program, general fund to acquire a site for the construction ofat fire station, Passed and approved this 28" day ofJanuary, 2010. hghl M. Ford, Mayox City Secretary Ak ATCH 1 CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING February 16, 2010 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: Ray Crader, Marshal & John Jannise, Deputy Marshal All in attendance said the Pledge of Allegiance. Mr. Bledsoe gave invocation Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Staff Members Absent: Norma Lucus, City Clerk, Leave, None noted. Fire District Presentation: None Citizen's Comments: None Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of January 19, 2010 and Minutes of Special Urgent Meeting of. January 28, 2010. See Attachments Financial Report: Given by Counciiperson Adams. See Attachment 3. M/M/2/C as 1a and 2. M/M/2/C as written: Grimes/Moseley Reported: Grimes/Crane Marshal's Report: Given by Deputy Marshal Jannise. Court Report: None. No action- in the Court. BuligingDemolition Permits: None. Mayor Ford reported that our building permit program is going to result in the City being given a rating by the Insurance Service Office that will result in better rate for homeowners insurance aside from flood rates. Discussion Items: Renewal of Vautrot Mobile Home Park permit for the year 2010. Action Items: Council approved Mobile Home park permit for Vautrot Mobile Home Park for the Year 2010. M/M/2/C: Adams/Crane Committee Reports: Building & Grounds: Community Development Councilman Grimes announced that the citywide garage sale is scheduled for Saturday, April 25, 2010. It was also announced that the annual garage sale will be held each year on the 4th Saturday in April. Roads & Drainage: None Sdwsn Rebecca M. Ford, Mayor Meeting adjourned 8:30 P.M. M/M/2/C: Nelson/Grimes fel.llelen ATTEST: Michelle M. Nelson, Secretary CITY OF BEVIL OAKS MINUTES OF Special Urgent Meeting February 26, 2010 Mayor Ford called the meeting to order at 6:08 p.m. Council Members Present: Sherry Adams, Cathy Crane, Jimmie Grimes, and Michelle Nelson Council Member Absent: Rusty Moseley, Dave Tevis Staff Members Present: Norma Lucus Mayor Ford gave the Invocation. Discussion Item: Council reviewed the Resolution for Urgent need for the use of Texas Community Development Block Grant Hurricane Ike 2008 Supplemental Disaster Recovery! Funds. Action Item: -Council approved the Resolution for Urgent need for the use of Texas Community Development Block Grant Hurricane Ike 2008 Supplemental Disaster Recovery Funds. Motion made to adjourned meeting at 6:13 P.M. M/M/2/C: Grimes/Adams M/M/2/C: Grimes/Nelson AhAerl Rebecca M. Ford, Mayor Michili-olr ATTEST: Michelle Nelson, Councilwoman Al RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEVIL OAKS, TEXAS, DECLARING AN URGENT NEED FOR THE USE OF TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT HURRICANE IKE 2008 SUPPLEMENTAL DISASTBR RECOVERY FUNDS. AS ADMINISTERED BY THE OFFICE OF RURAL COMMUNITY AFFAIRS; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE 2008 WHEREAS, the City Council of the City ofBevil Oaks desires to maintain a viable urban community, including decent housing and a suitable living environment and maintaining economic opportunities, principally for persons oflow/moderate income; and WHEREAS, the City suffered a disaster from the wind and water forces perpetrated by Hurricane Ike, which damaged houses, businesses, water and sewer systems, roads, WHEREAS, it is necessary and in the best interests of the City of Bevil Oaks to apply for funding under the Texas Community Development Block Grant Hurricane Ike 2008 NOW, THERBFORE, BE: ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1. That an urgent need be declared for financial assistance to construct and/or reconstruct housing and infrastructure, which was damaged and/or failed to function during and after Hurricane Ike in Exhibits A and B attached to this resolution. 2. That the City Council directs and designates the Mayor as the City' 's Chief Executive Officer and Authorized Representative to act in all matters in connection with these funds and the City' 's participation in the Texas Community Development Block Grant SUPPLEMENTAL DISASTER RECOVERY FUND PROGRAM. bridges and other publicinfastructure; and Supplemental Disaster Recovery Program. BEVIL OAKS, TEXAS.. Hurricane Ike 2008 Supplemental Disaster Recovery. Program. Passed and approved this 26th dayof hual Rebecal Ford, Mayor February 2010. Norma Lucas, City md Secretary Copy ExhibitA The City of Bevil Oaks had the following serious conditions1 requiring assistance during and after Hurricane Ike: Damage to all ofthe roads in the City. Damage and failure toi function int the drainage system. Failure to function at the fire station due to inadequate space. Exhibit B URGENT NEED NATIONAL OBJECTIVE FORM SUPPLEMENT to DR APPLICATION for FUNDING Recipient:, Grant Number: Citvyof Bevil Oaks Service Area # & Project Name: Cityof Bevll Oaks Non Housing Activities To comply with the national objective of meeting community development needs having a particular urgency, an activity must be. designed to alleviate existing conditions whlch the local government certifies ands state determines (1) pose a serious andi immediate threat to the! health or welfare of the community, (2) or recent origin or recently became urgent, (3) the grant recipient Is unable to finance the activity on its own, and (4) other sources off funding are not available to carry outt the activity. A condition will generally be considered to be of recent origin Ifito developed or became critical within 18 months preceding the state grant reclpient certification. Please refer to 24 CFR! 570.483(d), See the HUD Gulde to National Objectives and Eligible Activities for 1. The local government must certify and provide documentation that the activity to be conducted under the urgent need national State CDBG Program for further Information. objective meets all oft thef following: Poses a serious and immedlate threat tot the health or welfare of the community, The local government Is unable to financet the activity oni its own. No other sources are funding are availablei to carry out the activity. Isofr recent origin or recently became urgent (i.e., local government must have Identified ita as an urgent need during or immediately following the disaster). 2. Enter the date that the need was Identified as urgent: 3. Enter ther name andi title of thei individual who made the Rebecca Ford, Mayor determination that the conditions were urgent: The urgent conditions exist throughoutt the City of Bevil Oaks, particularly: Damage to all oft ther roads int the City, Damage and failuret to function int the drainage system, Failure tot function at the fire station due to Inadequate space. September 15, 2009 4. Describe the location where the urgent conditions existed (Le., city, county, streets, service area, etc.): where all oft the aforementionedi facilities failedt to function during and/or after Hurricane Ike. 5. Describe ther nature and degree of seriousness of the conditions requiring assistance, including persons or neighborhoods affected by the conditions: The City of Bevil Oaks hadt the following serious conditions requiring assistance during and after Hurricane Ike: Damage tot the roads caused by debris haulingt trucks after the Hurricane, during thel Hurricane by not carrying adequate water away from the roads, Damage tot the drainage system by debris hauling trucks after the Hurricane and failure to function of the drainage system Note enough space for firefighters and firefighting equipment at thet fires station during and after thel Hurricane. Residents whose homes were struck by fallingt trees were without shelter for several months; three (3) residences required demolition; four (4) resldences are stili not repaired due to lack of sufficient Insurance coverage or inabillty to obtain settlement with insurance companies. All residents suffered personal property losses duet to power failure that lasted almost three (3) weeks and, two (2) deaths were attributed to the storm andi its after effects. 6. Describe the timing or the development of the conditions: These conditions developed during and immediately after Hurricane Ike. 7. Describe how the activity to bei funded by CDBG willa allevlate the urgent condition: The city plans to: Repair and reconstruct roads damaged after the Hurricane, Build a new fire station that has adequate space. Rebulld the drainage system sot that damage is repaired andt thes system will function properly, 8. Indicate why there are no other resources available to address ther need (i.e., does not qualify for FEMA assistance, not covered byi insurance, etc.): These particular activities did not qualify for FEMA assistance and were not covered byl Insurance policies. 9. List the documentation that the local government can provide to show that the conditions are urgent (i.e., resolution of thel local governing body, photographs of conditions, notice from Health Department or other agency, code enforcement resolution ofthel local governing body acknowledging the threat tot the community, etc.). Return thist form documentation, with of the documentation tot thel Department. along copies Attached resolution. By-s signing below, Icertify that the activities funded under the Urgent Need national objective meet the criteria stated in number above: 1.. Rlisstal Signature of Chief Elected Official Printed Name of Elected Official 2/26/R010 Date Mayor Tile Rebecca Ford CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING March 16, 2010 Mayor Ford called the meeting to order at 7:10 p.m. Council Members Present: Cathy Crane, Jimmie L. Grimes, & Michelle Nelson, Council Members Absent: Sherry Adams, Rusty Moseley, & Dave Tevis Staff Members Present: Ray Crader, Marshal & Norma Lucus, City Clerk Staff Members Absent: John Jannise, Deputy Marshal All in attendance said the Pledge of Allegiance. Mayor Ford gave the invocation. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Mr. Charles Reed, CPA presented his findings on the 2009 Audit results. City finances are ine excellent condition. All records were found to be in order, and he offered no need for procedural changes. He provided an overview of the Audit, and provided a copy to Officials. See. Attachment 1. City Council reviewed 2009 Audit. M/M/2/C as presented: Crane/Grimes Fire District Presentation: Chief Gonzales expressed the need of more volunteers to man the Volunteer Fire Department. Numbers are very low and may need to hire someone full time during the day. To hire someone, taxes would have to be raised. He is trying to educate the Citizens on the needs of the Fire Department. The problem has to be fixed. The Fire Department provides service to a 32 square mile area of Jefferson County. If911 iso called, the Jefferson County Sheriff's Department tone the Bevil Oaks Fire Department. Ifno one responds to the tone call, it means there is no one on duty and the Fire station is unmanned. He. would like this information tol be included in the City's Newsletter. Citizen's Comments: Mr. Bud Merendino informed the citizens that the Bevil Oaks Municipal Water District has a $440,000 loan for an upgrade to sewer plant. He feels that this loan will be passed on the water district customers in the form of a price increase in the amount of about $10.00. Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of February 16, 2010. Financial Report: Given by Mayor Ford. See Attachment 3. M/M/2/C as reported: Marshal's Report: Given by Marshal Crader. See Attachment 4. M/M/2/C: Nelson/Crane See Attachment 2. M/M/2/C as written: Grimes/Nelson Grimes/Crane Court Report: None. No action in the Court. Bulding/Demolition Permits: 3 were preapproved by Building Inspector Behrens. Discussion Items/Action Items: The following were discussed and action taken to: A Approved Certification of Unopposed Candidates by City Clerk. M/M/2/C Grimes/Nelson / Approved cancellation of May 8, 2010 General Election for City Council for Wards Approved the Certification of May 8, 2010 election of unopposed candidates for City Council: Councilwoman Cathy Crane, Ward 1, Don Smith for Councilman Ward 2, and Councilwoman Adams, Ward3. Each Counciiperson will serve a two year term in office. A Approved Resolution to cancel May 8, 2010 General Election. M/M/2/C Grimes/Nelson Approved the date for a public hearing on the need to continue, modify or abolish Curfew Ordinance #204. The date chosen for the public hearing is April 20, 2010 at the beginning 1,2,&3a as unopposed. M/M/2/C Grimes/Nelson M/M/2/C: Grimes/Neison of the regularly scheduled Council meeting. M/M/2/C: Crane/Grimes Committee Reports: Building & Grounds: None Community Development: Councilman Grimes announced that a meeting is scheduled for March 23rd at 6:00 P.M. to plan the 4+ of July celebration. Yard of the Month is scheduled for May. He will also research the cost, etc. for installing a basketball court at the rear of the Civic Roads & Drainage: Mayor Ford stated that the grant contract will also contain road money. River Road will be the first road to be repaired. Extra money to raise the bridge may have to Center land. be used. Meeting adjourned at 8:10 P.M. M/M/2/C: Nelson/Grimes Mudil-Zk Michelle M. Nelson, Secretary ATTEST: A7laf Rebecca M. Ford, Mayor CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING April20,2010 Mayor Ford called the meeting to order at' 7:00 p.m. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley, & Dave Tevis Council Members Absent: Michelle Nelson Staff Members Present: Ray Crader, Marshal, & John Jannise, Deputy Marshal & Norma Lucus, All in attendance said the Pledge of Allegiance. Deputy Marshal Jannise gave the invocation. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Public Hearing on Ordinance #204 (Curfew): The Council reviewed the Ordinance, and Ford asked if there were any comments on the curfew ordinance. Comments follow under Citizen's Mayor City Clerk Comments on Agenda Items. Citizen's Comments on Agenda Items: Mr. Larry Landry, Mr. George Bryant, Mr. Ed Milam and Mrs. Jane Hebert, all expressed their support of Curfew Ordinance #204, and request that the curfew be continued. Minutes of the Meeting: Council reviewed Minutes of Special Urgent Meeting of February Minutes 26, 2010, and written: Grimes/Crane Moseley/Tevis of Regular Meeting of March 16, 2010. See Attachments 1&2. M/M/2/C as Financial Report: Given by Counciwoman Adams. See. Attachment 3. M/M/2/C as reported: Marshal's Report: Given by Marshal Crader. See Attachment 4. M/M/2/C: Adams/Grimes Court Report: None. No action in the Court. Building Permits: 6were preapproved by Building Inspector Behrens. Discussion tems/Action Items: Council reviewed curfew Ordinance #204 to discuss the need to continue, modify or abolish the curfew. After discussion, and input from Citizens, the Council voted to continue Ordinance #204 as is. M/M/2/C: Adams/Crane Council discussed and approved the IESI request for a rate increase from $13.80 to $14.21 per month effective July 1, 2010. (A41 cent increase). See Atch 5. M/M/2/C: Tevis/Crane Council reviewed and adopted Ordinance #226, Entergy credit to customers' bills over a four month period from May through August 2010. See Atch 6. M/M/2/C: Adams/Crane Committee Reports: Building & Grounds: None Community Development: Councilman Grimes reported the 4th of July celebration plans are in the works. 4"ofJuly T-Shirts are for sale. Garage sale is scheduled for April 24th, and will be held the following Saturday if weather is bad. Yard of the Month is scheduled for the month of May. He also researched the cost, etc. for installing a basketball court ati the rear oft the Civic Center. Roads & Drainage: Mayor Ford stated that the grant contract was received from the Texas Office of Rural Affairs, and was signed and returned to them for processing. Grant funds are for Roads The approximate cost for the slab alone is $2,500t to $3,000. and a new Fire Station. Meeting adjourned at 7:50 P.M. M/M/2/C: Crane/Moseley BehuMlad Rebecca gRbs M. Ford, Mayor ATTEST: Jiphmie L. Grimes, Mayor Pro-Tem CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING May 18, 2010 Mayor Ford called the meeting to order at 7:00 P.M. All in attendance said the Pledge of Allegiance. Mr. Zane Bledsoe gave the invocation. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Don Smith Council Members Absent: Rusty Moseley & Dave Tevis Staff Members Present: John Jannise, Deputy Marshal & Norma Lucus, City Clerk Staff Member Present: Ray Crader, Marshal Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Fire District Presentation: Fire Chief Chris Gonzales provided the following information: -Ab bum ban is in effect, called for by Jefferson County. Potential for fire in the area is high. He expressed concerns about the lack of manpower fort the Fire Department, not enough to support the 32 square miles in the event of a large fire. They may not be able to respond to 911 calls. Chief Gonzales said the County will not fix the problem, we've got to fixit. He addressed three ways to fix the problem: 1. More volunteers 2. Pay people for 10 hours a day, 7 days a week (raise taxes to hire) 3. Accept the risk and do nothing. (Not something he wants to do) Pre-Oath of Office taken by Sherry Adams, Gathy Crane & Don Smith. Oath of Office for City Council administered to Cathy Crane, Ward 1, Don Smith, Ward 2, and Sherry Adams, Ward 3. Term of service is for two years, May 2010 to May 2012. Tabled: Restore Council's Treasury position & elect Council Officers. Citizen's Comments on Agenda Items: Mr. Tohme commented on the City's plan to take control of BOMUD. In his opinion the City's roads are in poor condition and the City will not be able to operate without BOMUD employees. The City should not abolish BOMUD without the Citizens input. Mr. Merendino commented about the BOMUD Sewer Plant. Stated Mr. Tohme never built a Sewer Plant in the United States. Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of April 20, Financial Report: Given by Councilwoman Crane. See Attachment 2. M/M/2/C as Marshal's Report: Verbal report given by Deputy Marshal Jannise. Domestic calls, small fires, and juvenile problems. Shots reported being fired on' River Road. 2010, See Attachment 1. M/M/2/C as corrected: Grimes/Crane reported: Adams/Smith M/M/2/C: Crane/Adams Court Report: None. No action ini the Court. Building Permits: 3 were preapproved by Building Inspector Behrens. Discussion Items/Action Items: funds signed. M/M/2/C: Grimes/Smith Al Resolution authorizing Signators on State of Texas Documents for requesting grant Councipersons discussed considering an ordinance to abolish BOMUD. Requested by Citizens of Bevil Oaks. Management ofv water and sewer will continue to be maintained to save money. The two entities should work together for good of the community. The next step is a public hearing. Recommended a Public Hearing be held May 25, 2010at 7:00 P.M. M/M/2/C: Grimes/Smith M/M/2/C: Tevis/Crane M/M/2/C: Adams/Crane Committee Reports: Building & Grounds: None Community Development Councilman Grimes reported the 4"of July celebration plans are in the works. 4"ofJuly T-Shirts are for sale. Roads & Drainage: None Meeting adjourned at 8:33 P.M. M/M/2/C: Smith/Grimes luMTl Rebecca M. Ford, Mayor ATTEST: Dimmie L. Grimes, Okis CITY OF BEVIL OAKS Minutes of Special Meeting & Public Hearing May 25, 2010 Mayor Ford called the meeting to order at 6:45 p.m. Council Members Present: Sherry Adams, Jimmie L. Grimes, & Dave Tevis Rusty Moseley, Don Smith, Council Members Absent: Cathy Crane Staff Members Present: Ray Crader, Marshal, & John Jannise, Deputy Marshal & Norma City Clerk Lucus, All in attendance said the Pledge of Allegiance. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Council restored Treasurer's Position: M/M/2/C: Moseley/Adams Elected Council Officers: Nominated and Elected as: Mayor Pro-Tem: Meekie D. "Rusty" Moseley, M/M/2/C: Adams/Tevis Secretary: Sherry Adams, M/M/2/C: Smith/Grimes Treasurer: Cathy Crane, M/M/2/C: Adams/Moseley Mayor would like Committee leaders to remain the same. Tabled: Discussion/Action on a Lease Agreement with the Jefferson District (JCESD) for a new Fire Station: M/M/2/C: Moseley/Tevis County Emergency Services 6:53 P.M. Recess called by Mayor Ford 7:00 P.M. Meeting called to order for Public Hearing concerning the future relationship between the City of Bevil Oaks and the Bevil Oaks Municipal Utility District (BOMUD). Invocation given by Mr. Zane Bledsoe. Mayor Ford introduced the BOMUD Board of Directors in attendance: Gary Stevenson, Larry Mayor Ford invited and introduced the Texas Commission on Environmental Quality representatives to provide a historical overview of the issues and compliance concerns (TCEQ) of the BOMUD. Ron Hebert, Charlie Adams, & Chris Vidrine. Highlight oft their overview provided the Landry, George Bryant, Wayne Brockette, and Wayne Padgett. following information: -TCEQ has an agreement with BOMUD. 2006 Exceeded flow once. 2007 Filed for an exception. Main issue was Influx & Infiltration (I & I) water getting into sewer, causing violation in flow. Unrepeated violations. Enforcement case was dropped. -In! December 2008 morel&land other minor problems. - Plant is meeting permit requirement at this time, except for the 1&lis issues. Collection system is old but is in average condition for the age and is comparable to other utility district plants. -No outstanding violations. - The 75-90 rule applies. Apoint to overload the flow. Ifoverflow is exceeded for three months, a violation occurs and must submit a plan or apply for an exception as long as not exceeding/&. -TCEQ doesn't support building a plant in excess of need. Recommend dealing with the problem, and not throwing money at the problem. Solving then I&Ip problem is costly. Mayor Ford thanked the TCEQ representatives for their overview, and she addressed some of the issues of concern, and provided some ideas on the future of combining resources. The City has no desire to take BOMUD's money City Council can't run BOMUD is not a true statement, as other Cities currently manage their - The decision to bring this to the City is a business decision. The City has more problems aside from BOMUD. The Fire department is faced with finding funding to hire support staff to The Sewer System is old, and has 1&/problems, feels the solution to the problem can be Combine resources to become more: self sufficient. On the surface without major changes we can save over $20,000 a year. Combine office staff for savings and more efficiency, as each would be cross-trained to support each other, and combining insurance for a savings. This is a small saving and not the real issue -1 funding that City can contribute to BOMUD Mayor Ford explained the main purpose of this public hearing is to have a straw poll to see how the people feel about this issue of the City taking over BOMUD. The question posed was "Do you want to leave things as is or change?" Mayor Ford opened the floori for questions and/or Councilman Grimes asked Mr. Stevenson how he felt about the City's efforts to take over BOMUD. Mr. Stevenson stated that he has been on the BOMUD Board of Directors for 14 water department. man the Fire Department, as there are not enough volunteers. corrected for less than.3-million dollars. without affecting our budget is the issue. comments. years, and disagree with the City's decision. Mrs. Colleen Grimes believes the change will save money, things will done in an economical way. Take a look without emotions. She supports Mayor Ford. get Mayor Ford asked show of hand to take decision to a vote. Mr. Bud Merendino asked "how did the BOMUD Board let the sewer plant in this condition?" get Mr. Stevenson stated that he is not speaking for the Board. Councilwoman Adams asked if anyone has seen a petition on the BOMUD issue. Mr. Livingston can't hear speakers. Dr. Tohme questioned the costs of Accountants and Attorneys fees. Mayor Ford stated Mr. Franks stated that there is no basis for the City taking over BOMUD, as they are Incompetent to do the job. He is a friend of Dr. Tohme, and do not support the Councilman Smith stated that the plan comes down to efficiency. that the functions would be combined at a lower cost. to take over BOMUD. City's plan Mr. Bryant stated that BOMUD is working to get a plant. Need to keep it going until a decision is made. Need to make a decision tonight if the City wants to take it over. We Mr. Fruge asked if grants funds are available. He supports the City's plan. Mr. Bledsoe stated that the target is to get the best money for the job. need a sewer plant. Mayor asked for a show of hands for or against the City's plan to take over the BOMUD. The majority show of hands supported the City. Meeting adjourned at 8:45 P.M. M/M/2/C: Smith/Grimes lahthl Rebecca M. Ford, Mayor RB ATTEST: Meekie D. Moseley, Mayor Pro-Tem - Mr. Hani Tohme stated that the city did not need to consider taking over BOMUD because the city cannot take care of its own business. He complained that the bidding process and record retention in the hiring of Mr. Merendino was in violation of the law. He also stated that the City approved Ordinance 210 and that th Marshal effectively and professionally enforced the ordinance for citizens while city property was in violatio of the same ordinance. He also stated that request for open records was denied to him at that time. (He ha requested the names of all citizens who had been cited for ordinance violations. His request was denied because a citation does not become public record until such time that it comes before the Judge in Municip Court and becomes public.) mupo fax Receg CITY OF BEVIL OAKS Minutes of Regular Meeting June 15, 2010 Mayor Ford called the meeting to order at 7:00 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Don Smith, & Dave Tevis Council Members Absent: Rusty Moseley Staff Members Present: Ray Crader, Marshal, &. John Jannise, Deputy Marshal & Norma Lucus, Alli in attendance said the Pledge of Allegiance led by Trey Hightower ofi the United States Marine Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Counciiman Grimes abstained from the voting on the land lease agreement with the. Jefferson County City Clerk Corp. Invocation was given by Mr. Zane Bledsoe. Emergency Services District. Presentation by Fire District not given. Presentation by Ms. Johnna LeDoux on the "Better" petition for the change to the BISD number of Trustee's from seven (7) to five (5), and two at large. Citizen's Comments on Agenda Items: None M/M/2/C. See Attachment 1: Adams/Crane Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of May 18, 2010: Minutes of the Meeting: Council reviewed Minutes of Special Meeting and Public Hearing of May 25, 2010: M/M/2/C See Attachment 2: Tevis/Grimes Financial Report: Given by Counciwoman Crane. Council reviewed Financial Statements and reported that our accountant had recommended that we move funds from non-interest bearing accounts into certificates of deposit paying the highest rate available for a short term. Council decided to move funds from the Compass Bank, Account Nr. 2515306814 in the amount of $19,398.23 and from the Wells Fargo Account Nr. 8021927697 in the amount of $80,601.77, and from Merrill Lynch Account Nr. 52202107 in the amount of $38,292.67 to purchase two Certificates of Deposit CD) from Gulf Credit Union, Beaumont, Texas. The first CD will be in the amount of $100,000 at a rate 1.55% for 12 months; the second CD will be in the amount of $38,292.67 at a rate of 1.25% for 6 months. The Council requires 2 signatures of the 4 designated signatures to represent the City's interest. Designated signers on city accounts are: Mayor Rebecca Ford; Mayor Pro-tem, Meekie D. "Rusty" Moseley; Secretary Sherry Adams and, Councilman Jimmie Grimes. M/M/2/C as noted: Adams/Crane Marshal's Report: Given by Marshal Crader. See Attachment 4. M/M/2/C: Adams/Tevis Court Report: Given by Norma Lucus, Court Clerk. See Attachment 5. M/M/2/C Adams/Tevis Building Permits: 4 were preapproved by Building Inspector Behrens. Discussion Items/Action Items: ( Council reviewed the TML Windstorm Renewal proposal. The Council approved the one year renewal, and selected Option 1, in the amount of $3,597.00, effective July 7,2010 for one year. M/M/2/C: Grimes/Tevis TABLED: Consideration of a Reserve Officer to work days. - Council reviewed the Land Lease Agreement with the Jefferson County Emergency Services District (JCESD) and related entities to outline potential terms and confirm authority to enter into various agreements related to the construction of the new Fire Department facility. After reviewing the Unimproved Property Contract between the City and the Bevil Oaks Municipal Utility District, the Council made a motion to authorize the Mayor to sign the contract and Lease, provided no further changes are made toi the document. M/M/2/C: Adams/Tevis - Motion was made for the City of Bevil Oaks to go forward with the action to abolish the Bevil Oaks Municipal Utility District (B.O.M.U.D.) located wholly within the City of Bevil Oaks, Texas, Jefferson County, Texas. Ordinance Nr. 227 to abolish the B.O.M.U.D. was approved. M/M/2/C: Tevis/Adams A Action to move non-interest bearing funds can be found in the above Financial Report. Citizen Comments on non-agenda items: -N Mr. Larry Landry noted dumped trash on Riverbend Drive. - Dr. Hani Tohme stated that the city did not need to consider taking over BOMUD because the city cannot take care of its own business. Hecomplaned thatt thebidding process and recordietrtion DTgMAMErane was nvbttonorthe Jaws Hea also statedthatihe City approved hensz0antatne Marshal effectively and professionaly: enforcedt heodinance forcitizens whegiyptopery was pviolationol: the sane ordinancer Healsos statedihnatyequestfor.open fecords veret engdiohnathatine. He statedthatthe worst pads he yarenot beng repaired in a timely manner and that the city did not have specific plans for the use of grant money for roads nor were they prioritized. He stated that the city has money designated for roads that -Mr. Bud Merendino stated that the City has done a good job in the management of the City. He also N Mr. Zane Bledsoe stated the City acted in a wise and prudent manner. He applauded the City's should have already been used to repair these roads. asked the City to help the Fire Department in any way they can. action to take over the. B.O.M.U.D. Committee Reports: - Building & Grounds: None Community Development: Councilman Grimes reported the 25 June, 2010 will be a wrap-up meeting for plans for the 4"o of July celebration. He also thanked the Fire Department for their service. - Roads & Drainage: Mayor Ford gave the report for Councilman Moseley. Road work on River Road and Sweetgum Road will be the first roads to be repaired with grant funds. Council Comments: Councilman Tevis expressed a desire to purchase another Patrol Car in another year, and the bringing on a Reserve Marshal for the day shift. The Reserve Officer would be at no cost to the City, but would provide some relief for the Marshal. He is thinking ahead. Councilman Smith asked what Councilman Smith addressed the comments about the City's management. Plans to redo the River Road goes back to 1994. Due to flooding, and two hurricanes, repair of River Road was put on hold. The City relys on Jefferson County Precinct 1 to provide the labor for the road repairs. In doing so the City pays for material only. Currently Precinct 1 is working the Southern end of. Jefferson, and will begin repairs int the CityinJ July 2010, pending the environmental assessment as required by the Office of Rural & Community Affairs. Counciiman wants everyone to get along, and work toward making the the financial impact would be in the purchase of a new vehicle. Community better. Meeting adjourned at 8:25 P.M. M/M/2/C: Smith/Adams hscasnPnl Rebecca M. Ford, Mayor eny dieme ATTEST: Sherry Adams, Secretary N Mr. Hani Tohme stated that the city did not need to consider taking over BOMUD because the city cannot take care of its own business. He complained that thel bidding process and record retention in the hiring of Mr. Merendino was in violation of the law. He also stated that the City approved Ordinance 210 and that th Marshal effectively and professionally enforced the ordinance for citizens while city property was in violatio of the same ordinance. He also stated that request for open records was denied to him at that time. (He ha requested the names of all citizens who had been cited for ordinance violations. His request was denied. because a citation does not become public record until such time that it comes before the Judge in Municip Court and becomes public.) Myne @v Rcag CITY OF BEVIL OAKS Minutes of Regular Meeting July20,2010 Mayor Ford called the meeting to order at 7:03 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Don & Smith, Dave Tevis Council Members Absent: Rusty Moseley Staff Members Present: Ray Crader, Marshal, & John Jannise, Deputy Marshal & Norma Lucus, City Clerk Others Present: Attorney Dru Montgomery & Ms. Debbie Cahoon All in attendance said the Pledge of Allegiance. Invocation was given by Mr. E. J. Booker. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. Councilman Grimes abstained from the voting on the land lease agreement with the Jefferson County Emergency Services District. Presentation by Fire District not given. Presentation by Ms. Debbie Cahoon, National Flood Insurance Program (NFIP) Field Representative. Ms. Cahoon presented a Plaque to the City of Bevil Oaks and thanked Ford for the active participation in the NFIP's Community Rating System (CRS). Because Mayor of her efforts the City now enjoys reduced flood insurance premiums. As of May 1, 2010, the of Bevil Oaks was verified as a "CRS Class 8 Community" in recognition of its efforts to go City beyond minimum floodplain management requirements. Residents enjoy up to a 10% reduction Minutes of the Meeting: Council reviewed Minutes of Regular Meeting of. June 15, 2010: See Financial Report: Given by Councilwoman Crane. See Attachment 2. M/M/2/C as reported: in flood insurance premiums. Attachment 1. M/M/2/C: Grimes/Adams Tevis/Adams Marshal's Report: None given. Court Report: No action in the Court. Building Permits: None. Discussion Items/Action Items: Council approved al Leasing Agreement with Jefferson County for electronic voting equipment to be used at the November 2, 2010 election. The estimated costi is $700 to $1,000. M/M/2/C: Grimes/Crane M/M/2/C: Adams/Smith Council approved the annual review of existing operational policies, including any updates. Council approved the Ground Lease Agreement between the City of Bevil Oaks and the Jefferson County Emergency Services District for the construction and lease of Fire Department Facility. Councilman Grimes abstained from discussion and voting on this issue. M/M/2/C: Adams/Crane Council reviewed and approved thet following Disaster Recovery Grant Requirements: - Notice of Non-Discrimination Appointment of an EEO & Fair Housing Officer - Fair Housing Proclamation Section 504 Grievance Procedures Opportunity Plan Excessive Force Resolution Fair Housing Ad M/M/2/C the above Disaster Recovery Grant requirements: Grimes/Tevis Statement by Mayor Ford to the City Council and Attendees: Mayor Ford complete statement is at Attachment 3. Highlights are: - The matter of dissolving BOMUD is not and has never been a City project. - It took a while to research and to determine whether or not the City could take any action and what steps would be necessary' to intercede on behalf of the Citizens. She wanted to answer Mr. Grimes' question from last month's meeting regarding a plan to run the District. She listed six steps in answer to the question, as shown in Attachment 3. Finally, the next two agenda items are the last steps of the legal process necessary to place the proposition to abolish BOMUD on the ballot for the November 2, 2010 Special Election. This is not a City decision, nor do we want it to be. The Citizens of Bevil Oaks The Council considered a petition regarding abolition of B.O.M.U.Dand recognition of the effects on relevant City Ordinances, including reconsideration and possible repeal of Ordinance No. 227. A validated B.O.M.U.D. Petition was presented to Mayor Ford and City Council by -Attorney Dru Montgomery stated the Government Code allows the Council to rethink the issue The Council approved submission of issue relating to the Ordinance to abolish the B.O.M.U.D. Mayor Ford asked Council if there was a motion to repeal Ordinance No. 227. No motion to repeal have the right to vote on this important issue. Councilwoman Adams. M/M/2/C to accept the petition: Grimes/Crane on Ordinance No. 227. was made. Council discussed, and in accordance with Ordinance No. 227, made a decision to the Registered voters of Bevil Oaks at a Special Election November 2, 2010, to vote to present abolish to Council approved submission ofi issue relating to Ordinance abolishing the B.O.M.U.D. and The matter to the ballot for a popular vote at the next special election. Ordinance No. ordinance calling for a special election for the purpose of voting for the abolition of the 228, B.O.M.U.D. an located wholly within the City of Bevil Oaks, Jefferson County, Texas and that the undertake the services furnishéd and functions performed the 2, 2010, setting up the procedures for the election, and the by B.O.M.U.D., to be held on November polling place, and appropriating funds to cover the returns thereof. Approval to place on Ballot at a Special Election, to be held the providing same for as the a Election, November 2, 2010. M/M/2/C: Grimes/Smith NOTE: (Wording for Ballot will day be developed General or not abolish the B.O.M.U.D. bring City of Bevil Oaks establishing of expense the election and of a voting precinct and a by Attorney Dru Montgomery) Citizen Comments on non-agenda items: -Mr. Zane Bledsoe announced a meeting to tour the sewer/water plant on 26 July 2010. -Mr. Gary Stevenson stated that the way this meeting was scheduled was very unprofessional. Whoeyer invited this company to tour the sewer/water plant must first go through the Board of Directors for permission to tour the water/sewer plant. -Mr. Bud Merendino stated that Mr. Stevenson is very defensive. permission to tour the sewerlwater plant. Problem will be worked out. -Mr. Zane Bledsoe said he was not aware of protocol, and he will contact B.O.M.U.D. for official -Ms. Joan Howard stated that Citizens need to stop fighting. There is a lot of anger. There was a loss BOMUD, but the City has had their problems in the past. She said she did not understand - Mr. Booker noted the reason the Citizens got involved was the 3 million dollar bond issue. the Citia why wanted to demolish B.O.M.U.D. Committee Reports: -Building & Grounds: None Community Development: Councilman Grimes reported the 4th of July celebration went Roads & Drainage: Environmental issues are being addressed. Report is expected in a well. very couple July Yard of the month awarded to Mr. & Mrs. Gary Watson. weeks, and will be able to move forward on the Roads and Fire Station. Council Comments: None Meeting adjourned at 7:53 P.M. M/M/2/C: Smith/Crane Rlasmld Rebecca M. Ford, Mayor dhvy Qdema ATTEST: Sherry Adams, Secretary Mayor's Statement Before we continue with the remainder of the agenda, I would like to make a statement on behalf of the City of Bevil Oaks. The matter of dissolving BOMUD is not and has never been a "city project". The bond election was held and over 300 citizens voted "no". Citizens expressed a desire for the City to help resolve thei issues at hand, The City took action. Ittook a while to research and to determine whether or not the City could take any action and what steps would be necessary to intercede on behalf of the Citizens. Prior to bringing the matter to Council, If felt compelled tol bring the matter to the BOMUD Board as an act of courtesy and respect for their positions and tenure. There was indication, from some of the directors, that they might decide among themselves to dissolve the district. However, that did not happen and, after mail-outs to all citizens and a public hearing, the matter was presented to Council as an action item. Council approved Ordinance #227 that would abolish the District. The law provides a 30-day period, from the date the ordinance is published, for citizens to gather and present a petition requesting that the matter go to. an election. The City mailed out notices to all citizens advising them that the next stepi in the process was the petition which we will validate tonight. Ialso want to answer Mr. Grimes' question from last month'st meeting regarding aj plan to run the District. It would be unprofessional to think that we would have a comprehensive plan without having all the facts involved. If, on November 2, the voters approve to abolish the District and as soon as the results of the election have been validated, the City will do the: following things to start managing the utilities services. 1) We will authorize our attorney to begin the process of transferring all assets oft the 2) We will authorize our accountant to take over financial records oft the District and District to the City; and, simultaneously, prepare to move accounts and bookkeeping processes into the City's accounting system as a separate account; 3) City Council will assume the management of the administration ofthe District which is the same role being performed by District offiçers at this Time. Council will obtain assistance from qualified professionals as ATclt 3 needed to assure that operations are performed properly and in regulatory compliance; 4) Day-to-Day operations will continue to bej performed by the qualified employees on staff exactly asi it is being done today; 5) Council will consider the current issues regarding the sewer plant and] I8 & Iproblems as top priorities and will focus on determining the best and: most cost effective methods of correcting these issues. A comprehensive plan of action will bec created once we are able to review all processes and options; 6) Office operations will be moved to this location and utility district issues will be addressed on the 3rl Tuesday each month as a part of the regular city council meeting. Any and all action by the city will be addressed openly to alli in attendance exactly as council meetings are. held today. Finally, the next two items on our agenda are the last steps oft the legal process necessary to place the proposition to abolish BOMUD on the ballot for the November 2, general election. Ib believe this is what our citizens have wanted all along and the only way they could have this opportunity was for the City to take the action that it has taken. This council is about to make one of two very important decisions. They will remember that they are elected public servants whose sole purpose of being on this council is to respond to the will of the people and they will approve the Ordinance placing this matter on the November 2 ballot. Or, they will vote to deny approval of the Ordinance and, in turn, deny the citizens their right to participate in this decision that is most important to the future of our community. IfOrdinance 22 is approved tonight, the rest will be entirely upto the registered voters of this City. They will decide whether or not they want to keep two separate entities. This is not a City decision nor do we want it to be. The Citizens of Bevil Oaks have the right to vote on this important issue. Thank you. Becky Ford, Mayor 20. July, 2010 CITY OF BEVIL OAKS Minutes of Special Workshop July26,2010 Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Don Smith, & Dave Tevis Council Members Absent: Rusty Moseley Staff Members Present: Ray Crader, Marshal, & Norma Lucus, City Clerk Others Present: Gary Zimmerman & Charlotte Yates, Accountants All in attendance said the Pledge of Allegiance. Invocation was given by Mayor Ford. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. C Council discussed and approved Ordinance No. 228 and Proposition 1 calling for an election for the purpose of submitting abolition of the Bevil Oaks Municipal Utility District to popular vote by proposition or otherwise and for the execution of all Orders, Notices or other actions required by the Texas Election Code ini furtherance of such ordinance. See Attachment 18 &2. M/M/2/C subject Discussion Items/Action Items: too changes. Smith/Grimes ( Council reviewed the Tax Calculation for the 2010 values for taxing entity Council and Accountants reviewed Budget line items. Recommended changes to 2010 shown as Budget at Attachment: 2. Council Comments: None Meeting adjourned at 9:17 P.M. M/M/2/C: Smith/Grimes h2l Rebecca M. Ford, Mayor Shayhdna ATTEST: Sherry Adams, Secretary CITY OF BEVIL OAKS Minutes of Regular Meeting August 17, 2010 Mayor Ford called the meeting to order at 7:05 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley Council Members Absent: Don Smith, & Dave Tevis Staff Members Present: Ray Crader, Marshal, & John Jannise, Deputy Marshal Staff Members Absent: Norma Lucus, City Clerk Others Present: Nancy Beaulieu, candidate for Justice of the Peace, J. Shane Howard & Thomas P. Sigee, Sr., both are candidates for the Jefferson County Tax Assessor-Collector position. Each gave an overview ofi their qualifications for the office they seek. All in attendance said the Pledge of Allegiance. Invocation was given by Mr. Zane Bledsoe. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Presentation by Fire District not given. Minutes of the Meeting: Council reviewed Minutes of the Regular Meeting of July 20, 2010, and Minutes of Special Workshop of July 26, 2010: See Attachment 1. M/M/2/C: Grimes/Adams Financial Report: Given by Councilwoman Crane. See Attachment 2. M/M/2/C as reported: Adams/Moseley Marshal's Report: See Attachment 3. M/M/2/C as written: Grimes/Moseley Court Report: No Court report. Building Permits: None. Discussion Items/Action Items: M/M/2/C: Crane/Moseley M/M/2/C: Moseley/Crane Council approved the Jefferson County Appraisal District Tax documents for year 2010. Council approved the Budget for FY: 2011 Fiscal Year (October 1, 2010 thru 30 September 2011). Committee Reports: Building & Grounds: None Community Development: None Roads & Drainage: None Council Comments: None Mayor Ford read a letter of appreciation received from the U. S. Census Bureau recognizing The City of Bevil Oaks for the support given in raising awareness and inspiring participation in the 2010 Census. The City also received a Plaque in recognition of it's support. Meeting adjourned at 7:55 P.M. M/M/2/C: Moseley/Ford h-d Rebecca M. Ford, Mayor heny ddis ATTEST: Sherry Adams, Secretary CITY OF BEVIL OAKS Minutes of Regular Meeting August 17, 2010 Mayor Ford called the meeting to order at 7:05 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley Council Members Absent: Don Smith, & Dave Tevis Staff Members Present: Ray Crader, Marshal, &. John Jannise, Deputy Marshal Staff Members Absent: Norma Lucus, City Clerk Others Present: Nancy Beaulieu, candidate for. Justice of the Peace, J. Shane Howard & Thomas P. Sigee, Sr., both are candidates for the Jefferson County Tax Assessor-Collector position. Each gave an overview ofi their qualifications for the office they seek. All in attendance said the Pledge of Allegiance. Invocation was given by Mr. Zane Bledsoe. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Presentation by Fire District not given. Minutes of the Meeting: Council reviewed Minutes of the Regular Meeting of. July 20, 2010, and Minutes of Special Workshop of July 26, 2010: See Attachment 1. M/M/2/C: Grimes/Adams Financial Report: Given by Councilwoman Crane. See Attachment 2. M/M/2/C as reported: Adams/Moseley Marshal's Report: See Attachment 3. M/M/2/C as written: Grimes/Moseley Court Report: No Court report. Building Permits: None. Discussion Items/Action Items: M/M/2/C: Crane/Moseley M/M/2/C: Moseley/Crane Council approved the. Jefferson County Appraisal District Tax documents for year 2010, Council approved the Budget for FY: 2011 Fiscal Year (October 1, 2010 thru 30 September 2011). Committee Reports: Building & Grounds: None Community Development: None Roads & Drainage: None Council Comments: None Mayor Ford read al letter of appreciation received from the U. S. Census Bureau recognizing The City of Bevil Oaks for the support given in raising awareness and inspiring participation in the 2010 Census. The City also received a Plaque in recognition ofi it's support. Meeting adjourned at 7:55 P.M. M/M/2/C: Moseley/Ford sihiee Rebecca M. Ford, Mayor any ddins ATTEST: Sherry Adams, Secretary CITY OFB BEVILOAKS Minutes of Regular Meeting September 21, 2010 Mayor Ford called the meeting to order at 7:00 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Staff Members Present: John Jannise, Deputy Marshal & Norma Lucus, City Clerk Don Smith & Dave Tevis Moseley, Staff Members Absent: Ray Crader, Marshal, All in attendance said the Pledge of Allegiance. Invocation was given by Deputy Marshal Jannise. Mayor Ford opened the meeting by reading the Conflict of Interest Statement. None noted. Presentation by Fire District not given. Minutes of the Meeting: Council reviewed Minutes of the Regular Meeting of August 2010: Financial Report: Given by Councilwoman Crane. See. Attachment 2. M/M/2/C as reported: Grimes/Tevis. Mayor Ford informed the Council on the status ofi the callable Certificates of Deposit (CD) this month. One $98,000 @ 3.25%, the other $13,000 @ 3.45%. The Regular CD Deputy Marshal's Report: A verbal report was given. Break-In's reported, also noticed Vehicles in the area. He asked that garage doors be locked when not in use. A load of dirt suspicious was Court Report: Four new ordinance violations were received. M/M/2/C as reported: Adams/Crane See Attachment 1. M/M/2/C as written: Moseley/Tevis 17, $55,000 will renew in 1 December 2010 @ 4%. dumped on Riverbend Road. M/M/2/C as reported: Adams/Crane Building Permits: One received for Entergy Service. Preapproved. Discussion Items/Action Items: Public Information Act policy and procedures will be addressed at the October Council meeting. Approved Ordinance #229, adopting Fiscal Year 2011 Budget. M/M/2/C: Moseley/Tevis Approved Public Management, Inc. to make application for a Community Block Grant. M/M/2/C: Council adopted Tax Rate of 0.214167 per $100.00 and exemptions for 2010 tax collections. Increase funding for the November 2, 2010 Special Election to cover the costs of additional Grimes/Adams M/M/2/C: Adams/Crane electronic voting equipment. M/M/2/C: Moseley/Crane Citizen Comments! Mrs. Hebert reported the sign at Highway 105 and River Bend Road is still missing. The State Highway Department has to replace the sign. Committee Reports: -Building & Grounds: Counciwoman Adams provided information Lindy's Lawn Care (Mr. Bud Merendino) removed the tree that was stricken by lightning, grind the tree stump, and removed Community Development Councilman Grimes reported Yard of Month for September was awarded to Gary & Nancy Scott, 13420 Thousand Oaks. Flu Shots tol be gives by the Jefferson County Health Department on October 13th. Pet Clinic to be held at the First Baptist Church of Roads & Drainage: Councilman Moseley reported no Grant Funds by end of year to spend on from park for only $250.00. Bevil Oaks on October 14th. new roads, so he will get with Jefferson County to do upgrade of work on roads. Council Comments: None Mayor Ford outlined some of the plans and procedures to manage the Bevil Oaks Municipal Utility District (BOMUD) if Citizens vote on November 2, 2010 to abolish the BOMUD: - Roll is outlined - Powers and Duties are defined Mayor Ford read a list of all requirements the statutes calls for. The Citizens of Bevil Oaks requested action to bring to a vote on November 2, 2010 to abolish or not abolish BOMUD. Ifapproved to abolish BOMUD, the City must: Prepare an Order to Abolish: -TCEQ will help with required paperwork Request Financial managementrequired forms Day to day operations of BOMUD will continue Financial information will be requested TCEQ is willing to provide help through the paperwork process. The Citizens of Bevil Oaks will be made aware of all action taken. There will be no compromise oft the sewer and water service. Meeting adjourned at 7:45 P.M. M/M/2/C: Smith/Tevis lusilud Rebecca M. Ford, Mayor yai ATTEST: Sherry Adams, Secretary CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING October 19, 2010 Mayor Rebecca M. Ford called meeting to order at 7:00 P.M. Council Members Present: Sherry Adams, Cathy Crane, Jimmie L. Grimes, Rusty Moseley, Council Members Absent: Dave Tevis, Don Smith Staff Member Present: Norma Lucus, City Clerk, Ray Crader, Marshal City Attorney: Dru Montgomery Others Present: Representatives of the Sour Lake Masonic Lodge1002, &. Jefferson All in attendance said the Pledge of Allegiance. Invocation given by Mr. Zane Bledsoe. Conflict of Interest statement given by Mayor Ford. No conflict ofi interest noted. Mayor Becky Ford was presented the Community Builder Award by the Sour Lake Masonic Lodge 1002 for her leadership and work done on behalf of the City of Bevil Oaks. Selectees for this award distinguish themselves in work done toi improve their Community. Mayor Ford thanked Councilman Grimes and others representing Masonic Lodge 10021 for Al Proclamation was read declaring October as Breast Cancer Awareness Month in the City of Bevil Oaks was presented and approved by City Council. See Atch 1. M/M/2/C: County Candidates on the Ballot for the November 2, 2010 election the honor. Adams/Crane. Recognition was given to Breast Cancer and other Cançer survivors in attendance and each was presented a pink rose. No presentation given by Fire District. Minutes of Meeting: Grimes/Moseley Council reviewed September 21, 2010 Minutes. See Atch 2. M/M/2/C as corrected: Treasurers Report given by Counciwoman Crane. See Atch 3. M/M/2/C: Adams/Moseley Marshal's Report: Report given by Marshal Crader. See Atch 4. M/M/2/C: Cranel Moseley Court Report: No action in the Court. Behrans prior to meeting. Discussion/Action Items: Building Permits/Work Request: 1 Building permit approved by Building Inspector Council discussed and took action on the revision oft the Public Information Act Policy for Public Information Officer. Motion was made to appoint Attorney Dru Montgomery the City of Bevil Oaks Public Information Officer (PIA). All request for documents must Council and Attorney Montgomery discussed the revision of Ordinance 125 (Control of Animals). Before the Council taking action, Attorney Montgomery provide the following Information: Update Ordinance, Ordinance on book not addressing health & safety codes, leash law fine, etc. Jefferson County does not respond to animal call in the be submitted in writing to the PIA. M/M/2/C: Grimes/Crane City limits. He offered the following comments & solutions: - Bid for contracting a Veterinarian Officer Taik to a' Veterinarian -Who pays for' Veterinarian service No Animal Control Officer Controk of loose animals Need to deal with leash law and number of animals allowed per household Mayor Ford asked no action be taken tonight as more research is needed on this issue. Will bring issue to future Council meeting. Citizen Comments: mowing. Concerns about vacant land at corner of Blackgum & Sweetgum Road... Needs -Ms. Valdez wants road work done. owes the Engineer $140,000. Committee Reports: None. Council Comments: None -Mr. Merindino stated that the Bevil Oaks Municipal Utility District (B.O.M.U.D.) Mayor Ford welcomed each candidate in attendance seeking office on the November All Candidates addressed the Council and Citizens on their qualifications to hold the office 2, 2010 election for County seats. they are seeking. Areception was held after meeting adjoined. Motion to adjourn meeting at 8:25 P.M. M/M/2/C: Crane/Adams Huny Rdame) ATTEST: Shérry Adams, Secretary hmhie Rebecca M. Ford, Mayor CITY OF BEVIL OAKS October 19, ,2010 MEMORANDUM FORI RECORD Mr. J. Rice ofl Public Management, Inc, briefed thel Mayor and City Council on grant funds available for Water & Sewer, ini the amount of $275,000. City to match funds Of5%. Application: is due nol later than November 12, 2010. The funds, ifapproved must be spent in 2 years. Public Management, Inc., will apply for grant on the City's behalf. CITY OF BEVIL OAKS MINUTES OF REGULAR MEETING NOVEMBER 16, 2010 Call to Order by Mayor Rebecca M. Ford at 7:09 P.M. Pledge of Allegiance said by alli in attendance. Invocation given by Mr. Ronnie Adams. Conflict of Interest read By Mayor Ford. Councilman Grimes abstained from discussion and voting to amend the Ground Lease Agreement with the. Jefferson County Emergency: Services Council Members Present: Sherry Adams, Cathy Crane, Jimmie Grimes, Rusty Moseley District1. Council Members Absent: Don Smith, Dave Tevis Presentation by Fire District: This is Fire Safety Month. Watch for fireplace fires, watch where you're burning on your land. Ifthe ground is soggy, the fire equipment can't get to the fire. Burn onlyi items produced in your home. The Burn bani is in effect one hour before dawn, and one hour after dark. This is a State law: and int the current fire ordinance. Council reviewed and approved the following documents: Attachment 1t through 4 October 19, 2010 Minutes of Regular Meeting. M/M/2CGrimes/Adams November 3, 2010 Minutes of Special Meeting. MMP/CGrime/AGams November 10, 2010 at 1:00P P.M. Notice of Canvas of November 2 City election special November 10, 2010 at 1:15 P.M. to issue Election Orders regarding the results oft the canvas oft the November 2, 2010! Special Proposition Election. MMP/CGrime/Adams Proposition election. MM2/CGrimes/Adams Council reviewed and approved the Financial Report given by Councilwoman Crane. Council revlewed and approved the Marshal's Report: Attachment 6. M/M/2/C: Attachment 5. M/M//CMoyele/Adams Grimes/Moseley. No action int the Court. Building Permits: Reviewed and approved one building Permit: M/M2/Crane/Grimes Council amended the JCESD-1 Ground Lease agreement to the amount already paid. M/M/2/C Moseley/Crane (Councilman Grimes abstained from discussion and voting on this issue. Citizens Comments: Mr. Merindino: Council permission ont the shooting of stray dogs. The issue should' be cleared up. Dumpster notices should be posted so citizens can be aware of them ahead Mrs. Hebert stated that the newi fire station is not going tol be built over thet filled swimming pool. Plans for the Basketball court are in the works. Mrs. Milam requested a course on safety be provided for the residents of the City's oftime. youngpeople. Mayor Ford will look ati the issue. Committee Reports: Community! Development: Councilman Grimes reported the Holiday yard willl be announced. Mayor Ford announced on December 10, 20101 the City and the Bevil Oaks Municipal Utility District is coming together. Adjournment: Meeting adjourned at 8:02 P.M. M/M/2/C: Moseley/Crane Shnbi Rebecca M. Ford, Mayor Mayadennl Sherry Adams, Secretary CITY OF BEVIL OAKS Canvass of Votes November 10, 2010 Mayor Rebecca M. Ford called the Canvass of Votes meeting to order at 1:00 P.M. Canvassing Board Present: Shirley Collins, Election Judge, Rebecca M. Ford, Others Present: Councilman Jimmie Grimes, Councilman Dave Tevis, & Attorney Dru Mayor, Sherry Adams, Councilwoman Montgomery Staff Member Present: Norma Lucus, City Clerk, Ray Crader, Marshal All in attendance said the Pledge of Allegiance. Invocation given by Mr. Zane Bledsoe. Canvassing Election Returns for November 2, 2010, Special Proposition Election No 1, Voting results Oft the November: 2, 2010, Special Proposition No 1 Election are as follows: Official Results of Special Proposition No.1 Election is as follows: Early Voting: Yes votes = 77to abolish the B.O.M.U.D. No Votes = 64 to abolish the B.O.M.U.D. Regular Voting : Yes Votes = 328 to abolish the B.O.M.U.D. (67.63%) No Votes = 157 to abolish the B.O.M.U.D. (32.37%) Motion to adjourn meeting at 1:10P.M. M/M/2/C: Ford/Adams AbePn Rebecca Myddne ATTEST: Sherry Adams, Secretary M. Ford, Mayor CITY OF BEVIL OAKS MINUTES OF SPECIAL MEETING November 10, 2010 Mayor Rebecca M. Ford called meeting to order at 2:40 P.M. Council Members Present: Sherry Adams, Jimmie L. Grimes, Rusty Moseley, Dave Tevis Council Members Absent: Don Smith, Cathy Crane Others Present: Dru Montgomery, Attorney, Norma Lucus, City Clerk, Ray Crader, Marshal All in attendance said the Pledge of Allegiance. Invocation given by Mr. Zane Bledsoe. Conflict of Interest statement given by Mayor Ford. No conflict of interest noted. Mayor Ford read Ordinance #231 and referenced Ordinance #227 As a result of the canvassing of votes of Special Proposition 1, an ordinance canvassing Election Retums for November 2, 2010, Ordinance #231 was reviewed and adopted. M/M/2/C as written: Grimes/Adams Motion to adjourn meeting at 3:10 P.M. M/M/2/C: Moseley/Tevis Aelnm-nd Rebecca M. Ford, Mayor Huny Ademe ATTEST: Sherry Adams, Secretary CITY OF BEVIL OAKS Canvass of Votes November 10, 2010 Mayor Rebecca M. Ford called the Canvass of Votes meeting to order at 1:00 P.M. Canvassing Board Present: Shirley Collins, Election Judge, Rebecca M. Ford, Others Present: Councilman Jimmie Grimes, Councilman Dave Tevis, &. Attorey Dru Mayor, Sherry Adams, Counciwoman Montgomery Staff Member Present: Norma Lucus, City Clerk, Ray Crader, Marshal All in attendance said the Pledge of Allegiance. Invocation given by Mr. Zane Bledsoe. Canvassing Election Returns for November 2, 2010, Special Proposition Election No 1, Voting results Of the November 2, 2010, Special Proposition No 1 Election are as follows: Official Results of Special Proposition No.1 Election is as follows: Early Voting: Yes votes = 77to abolish the B.O.M.U.D. No Votes = 64 to abolish the B.O.M.U.D. Regular Voting. : Yes Votes = 328 to abolish the B.O.M.U.D. (67.63%) No Votes = 157 to abolish the B.O.M.U.D. (32.37%) Motion to adjourn meeting at 1:10 P.M. M/M/2/C: Ford/Adams RhePnl Rebecca Myliene ATTEST: Sherry Adams, Secretary M. Ford, Mayor CITY OF BEVIL OAKS MINUTES OF SPECIAL MEETING November 10, 2010 Mayor Rebecca M. Ford called meeting to order at 2:40 P.M. Council Members Present: Sherry Adams, Jimmie L. Grimes, Rusty Moseley, Dave Tevis Council Members Absent: Don Smith, Cathy Crane Others Present: Dru Montgomery, Attorney, Norma Lucus, City Clerk, Ray Crader, Marshal All in attendance said the Pledge of Allegiance. Invocation given by Mr. Zane Bledsoe. Conflict of Interest statement given by Mayor Ford. No conflict ofi interest noted. Mayor Ford read Ordinance #231 and referenced Ordinance #227 As a result of the canvassing of votes of Special Proposition 1, an ordinance canvassing Election Returns for November 2, 2010, Ordinance #231 was reviewed and adopted. M/M/2/C as written: Grimes/Adams Motion to adjourn meeting at 3:10 P.M. M/M/2/C: Moseley/Tevis elm-nd Rebecca M. Ford, Mayor Hhuny Ademet ATTEST: Sherry Adams; Secretary CITY OF BEVIL OAKS Minutes of Regular Meeting December 21, 2010 Mayor Ford called the meeting to order at 7:001 P.M. Council Members Present: Sherry Adams, Jimmie L. Grimes, Rusty Moseley, Don Smith and Dave Tevis Council Members Absent: Crane Cathy Staff Members Present: Ray Crader, Marshal & Renate K. Mangus, Public Works Clerk StaffMembers Absent: Mrs. Norma Lucus. All in attendance said the Pledge of Allegiance. Mayor Becky Ford gave invocation. Mayor Ford opened the meeting by reading the Conflict of Interest Statement, None noted, Presentation by Fire District Chris Gonzales gave ai report notifying the City that there was a. Jefferson county burn ban. His report included fires on Toliver Canal road. Citizen Comments: Mrs. Hebert asked about how Mrs. Lucus felt. Discussion Items/Action Items: Renewal ofMobile home Permits for the year 2011. Mayor Ford explained that she has all 3: renewals for The Bevil Oaks Mobile Home Park, Fredrick's Mobile. Home Park and Vautrot'sl Mobile Home Park. Council approved all Mobile Homes park permits for the year 2011. M/M/2/C: Adams/Tevis - Resolution ofl Final Approval of2010 Tax Roll feceived from the. Jefferson County Appraisal District was approved. (See attachment 1) M/M/2/C: Grimes/Tevis - Letters of] Engagement to conduct the 2010 Audit by, Charles Reed & Associates for the City of Bevil Oaks and for The Bevil Oaks Water District was accepted as (See Attachment 2 and. Attachment 3. M/M/2/C: Moseley Tevis presented. Review November 16, 20101 Minutes ofl Regular Meeting. Minutes were approved as written. (See Attachment 4) M/M/2/C: Grimes/Tevis Financial Report: Mayor Ford gave the financial report for the City of Bevil Oaks (See attachment 4), and for the Public Works Department, (see attachment 5). Council also approved payment of $39,000.00 tol Utility Specializes for the Sewer line replacement located behind the Vautrot's Trailer Park. M/M/2/C: Adams/Grimes Marshal's Report: A verbal report was given by Ray Crader. He mentioned that the Game Warden would He will also speak to Mr. JeffMcConnell concerning the destruction of City property (meter valve). ****. Public Works Department: Matt Burt gave his monthly report on the Waste Water Plant. He also reported that the work on the new Sewer line behind In addition, 2 weeks ago Mr. Wallace ofTWRA came toi inspect the Wastewater Plant. Hej pointed out to get thel Electric Panel fixed for automation. Mayor Ford plans on requesting an approved Engineer to oversee the maintenance at the Wastewater Plant. It will take about 2 weeks to: repair. All the repairs will be put out for bids. There was ai motion made to limit the bids to not exceed $20,000.00. MM2C.TevisMoxelsy be out on River Bend Road due to some poaching problems. Vautrot's Trailer Park is complete. Building Permits: None Committee Reports: - Building & Grounds: Councilwoman Adams will get bids on bug spraying for both the Community Development: Councilman Grimes reported that Mr. Bo Falgout on Public Works Building and City Hall. River Bend Road was awarded the best Holiday yard display. display in our city. fill potholes. Council Comments: None Roads & Drainage: Councilman Smith mentioned that we need a work ordert to Council adjourned at 8:05 for Executive Session. (Personnel Issues) Council reconvened for Regular scheduled Council Meeting at 8:35 pm. Mr. Matt Burt submitted his resignation as Operations Manager of the Public Works Department, effective December 28, 2010. The council accepted Mr. Burt's resignation. Council discussed and agreed to hire Utilities Specialist to maintain the Sewer and Water Plant on an interim basis, until bids can bet taken for permanent maintenance MM2/CMoselylevis service. M/M/2/C: Moseley/Adams Mayor's Comments: Mayor Ford is looking for a better place for CD's as Texpool is not insured. Meeting adjourned at 8:50P.M. M/M/2/C: Smith/Moseley lll Hey Adene Rebecca M. Ford, Mayor ATTEST: Sherry Adans, Secretary Awy 2010 muliny 64 To: Mayor Becky Ford 1, Matthew Burt, am officially tendering my resignation with Bevil Caks M.U.D./ City of Bevil Oaks. lam also submitting at two week notice to help with a smooth transition My final day of work willl be on December 28, 2010.1 Iwill also surrender all possessions that belong to the City on this day. Iwould like to thank everyone Involved with my employment here for allt the opportunities that have been given to me. Sincerely, E 12/13f10 Matthew Burt