Mayor Mask called the formal session open. Mayor Pro Tem Holcomb gave the invocation and all joined in the pledge.

Transcription

1 MINUTES OF THE CROCKETT CITY COUNCIL MEETING HELD ON THE 7 th DAY OF JUNE 2010 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 200 NORTH FIFTH IN THE CITY OF CROCKETT, HOUSTON COUNTY TEXAS AT 6:00 P.M. THE COUNCIL MET IN REGULAR SESSION WITH THE FOLLOWING MEMBERS PRESENT: WAYNE MASK, ANSEL BRADSHAW, ROBERT MEADOWS, NATHAN GARDNER, JACKIE JONES & BILL HOLCOMB. CITY OFFICIALS PRESENT: CITY ADMINISTRATOR RONALD DUNCAN, CITY SECRETARY MITZI THOMPSON, POLICE CHIEF JIMMY FISHER AND FIRE CHIEF DARRELL DECKARD. 1. OPEN MEETING WITH INVOCATION AND PLEDGE Mayor Mask called the formal session open. Mayor Pro Tem Holcomb gave the invocation and all joined in the pledge. 2. RECOGNITION OF VISITORS Mayor Mask recognized all visitors present. 3. APPROVAL OF MINUTES: REGULAR MEETING MAY 17, 2010 Mayor Pro Tem Holcomb made a motion to approve the minutes of the May 17, 2010 Regular Meeting. Council member Gardner seconded the motion. Motion passes REPORTS: CITY ADMINISTRATOR: A) SECO GRANT UPDATE installation of lights complete B) DETCOG SUMMER WORK PROGRAM UPDATE this program has once again been approved and students will begin work in June. 5. POLICE DEPARTMENT MANPOWER & CRIMINAL INCIDENT REPORT FOR MAY 2010 Chief Fisher reported for May 2010; 17 total manpower, 2,534 total manpower hours, 600 total calls, and 17 total accidents. A breakdown of the criminal reports is included in the packets. Chief Fisher then presented council with a video taken from Officer Lum s patrol car concerning a riot at Platinum City over the weekend that put two officers in danger. They were called to disperse a crowd of about 400 young adults out of control. The crowd threw rocks, broke out a window of the patrol car and physically attacked the officers. Pepper spray and tear gas was used to try and

2 disperse the crowd; Officer Lum stated that the crowd did not disperse until weapons were drawn. Chief Fisher asked Council for their support in shutting down Platinum City and other unlicensed establishments. Mayor Mask and Council expressed to Chief Fisher that he has their support in protecting the public and his officers. 6. FIRE DEPARTMENT MONTHLY ACTIVITY AND STATUS REPORT FOR MAY 2010 Fire Chief Deckard reported for the month of May the following: 35 total calls. A breakdown is included in the packets. 7. CONSIDER AND APPROVE REQUEST FROM DT HOPKINS FOR CLOSING WILLIAM BATTS STREET FROM MLK BOULEVARD TO SYCAMORE STREET FROM 1:00 PM TO 8:30 PM ON JUNE 20, 2010 FOR A BLOCK PARTY Mayor Mask stated to Mr. Hopkins that council is not used to approving activities for profit organizations on public facilities. Mr. Hopkins told council his request has nothing to do with money and the vendors will be at the Groves Foundation. This event will be for children of all ages and will include educational activities. He asked that a portion of Martin Luther King Blvd be closed that day. Chief Fisher asked about security issues and that Mr. Hopkins would need three or four officers for public safety and these officers would need to be paid before the event. Mr. Duncan also recommended Mr. Hopkins have event insurance that is needed for events held on public property. Council member Meadows asked why Mr. Hopkins advertised the event before he received city approval for this event and street closure. Chief Fisher recommended the event be held at another spot in Crockett where there would be plenty of room. Council member Bradshaw suggested to Mr. Hopkins that he return when he has the insurance and security issues resolved. Mayor Mask asked for a motion from council; no motion made; no action on item. 8. CONSIDER AND APPROVE BUDGET AMENDMENTS FOR CROCKETT ECONOMIC & INDUSTRIAL DEVELOPMENT CORPORATION Mr. Tom Lambert, CEIDC Director, presented council with budget amendments needed to keep accounts stable. Mayor Pro Tem Holcomb made a motion to approve the budget amendments for the Crockett Economic & Industrial Development Corporation. Council member Meadows seconded the motion. Motion passes CONSIDER AND APPROVE RESOLUTION OF THE CITY OF CROCKETT TO OVERTURN RESOLUTION NO. R-12A-89; TO ALLOW THE FREEPORT EXEMPTION IN THE CITY OF CROCKETT

3 Mr. Tom Lambert asked council to consider approving the Freeport Exemption to help entice new business to Crockett. Mayor Pro Tem Holcomb made a motion to approve the Resolution to allow the Freeport Exemption in the City of Crockett. Council member Meadows seconded the motion. Motion passes CONSIDER AND APPROVE TAX ABATEMENT REQUEST FROM ZILKHA BIOMASS ENERGY OF HOUSTON, TX FOR PROPOSED DEVELOPMENT OF WOOD PELLET FACILITY Mr. Lambert explained to council that Zilkha Biomass Energy proposes to develop a wood pellet facility and anticipates employing 22 people. Under this agreement, the City will be granting tax abatement over a five-year period. In the sixth and succeeding years, the City will receive the entire amount of tax. Mayor Pro Tem Holcomb made a motion to approve the tax abatement request from Zilkha Biomass Energy of Houston for proposed development of wood pellet facility. Council member Bradshaw seconded the motion. Motion passes PUBLIC HEARING ON REQUEST FROM VERIZON WIRELESS FOR A SPECIFIC USE PERMIT FOR A COMMUNICATION TOWER TO BE LOCATED AT 2300 N. 4 TH ST., A ACRE TRACT OF LAND SITUATED IN THE A.E. GOSSETT LEAGUE, ABSTRACT NO. 423 IN HOUSTON COUNTY, TEXAS; BEING OUT OF A CALLED 7.5 ACRE TRACT CONVEYED TO S.C. MAXWELL BY WARRANTY DEED(TRACT ONE) AND A TRACT WITH NO CALLED ACREAGE(TRACT TWO) AS RECORDED IN VOLUME 812, PAGE 472 OF THE HOUSTON COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Mayor Mask opened the public hearing. Mr. Ronald Begin spoke in favor of the proposed tower. Mr. James Hall spoke against the construction citing various reasons which included possible health reasons. Mr. John Hooks spoke against the tower as well as Mr. Marcus Horne also citing health issues. Mr. Jose Perez, representing Verizon Wireless, addressed the issues and told council that Verizon must comply with FCC, FAA and EPA regulations when it builds a tower. This approval must be received before a tower is built. After further discussion, Mayor Mask closed the public hearing. 12. EXECUTIVE SESSION: GOV. CODE CONSULTATION WITH ATTORNEY: DISCUSSION OF REQUEST FROM VERIZON WIRELESS FOR A SPECIFIC USE PERMIT Mayor Mask stated that council would convene into Executive Session according to Gov. Code Consultation with Attorney - Discussion of request from Verizon Wireless for a specific use permit. Time was 7:40 PM 13. RECONVENE INTO REGULAR SESSION AND CONSIDER AND APPROVE REQUEST FROM VERIZON WIRELESS FOR A SPECIFIC USE PERMIT

4 FOR A COMMUNICATION TOWER TO BE LOCATED AT 2300 N. 4 TH ST., A ACRE TRACT OF LAND SITUATED IN THE A.E. GOSSETT LEAGUE, ABSTRACT NO. 423 IN HOUSTON COUNTY, TEXAS; BEING OUT OF A CALLED 7.5 ACRE TRACT CONVEYED TO S.C. MAXWELL BY WARRANTY DEED(TRACT ONE) AND A TRACT WITH NO CALLED ACREAGE(TRACT TWO) AS RECORDED IN VOLUME 812, PAGE 472 OF THE HOUSTON COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY Council reconvened into open session at 8:00 PM. Council member Bradshaw made a motion to approve a request from Verizon Wireless for a specific use permit for a communication tower to be located at 2300 N. 4 th St., a acre tract of land situated in the A.E. Gossett League, Abstract No. 423 in Houston County, Texas; being out of a called 7.5 acre tract conveyed to S.C. Maxwell by warranty deed(tract one) and a tract with no called acreage(tract two) as recorded in volume 812, page 472 of the Houston County official public records of real property. Mayor Pro Tem Holcomb seconded the motion. Motion passes CONSIDER AND APPROVE SUBMISSION OF A HAZARD MITIGATION GRANT PROGRAM APPLICATION FOR CITY OF CROCKETT AND CROCKETT ISD AND ALLOCATION OF A PORTION OF PHASE II, HURRICANE IKE, COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Mr. Duncan explained to council that this grant is for the construction of a Crockett ISD Safe Shelter or multi-purpose facility. This facility will cost a little over 4.5 million with the city s pledge being 25% or 1.1 million. This funding will come under Hurricane Ike Phase II funding. The city s pledge will come from these funds. These budget figures are not final but close to projected costs. Dr. Moore, Crockett ISD, told council that this is a great project for the City and the school district and that this facility will be self contained in case of emergency. Council member Bradshaw made a motion to approve the submission of a Hazard Mitigation Grant program application for City of Crockett and Crockett ISD and allocation of a portion of Phase II, Hurricane Ike, Community Development Block Grant Funding. Council member Meadows seconded the motion. Motion passes CONSIDER AND APPROVE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CROCKETT, TEXAS BY AMENDING ARTICLE 3 OF THE ZONING CODE TO ESTABLISH LANDSCAPING REGULATIONS FOR NEW OR EXPANDED OFFICE OR RETAIL USES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Mayor Pro Tem Holcomb made a motion to approve the Ordinance amending the code of ordinances of the City of Crockett, Texas by amending Article 3 of the

5 Zoning Code to establish landscaping regulations for new or expanded office or retail uses; providing a severability clause; and providing for an effective date. Council member Bradshaw stated one of the reasons this was tabled last month pertained to the Crockett Economic Industrial Park; it states they have their own rules and regulations at the discretion of the Economic Director. Council member Bradshaw said he was not happy with the wording in the ordinance that states the Director will seek variance from the City on a case by case basis. He stated he would like to see everyone fall under the same rules and also to open it up to business to get their thoughts. Mr. Duncan explained that the applicability paragraph to allow the CEIDC to seek variance from City Council is very specific; certain types of businesses may have problems with exact placement of trees or green space arrangement of lot. Any business can seek variances. Council member Gardner asked what was grandfathered. Mr. Duncan responded every business that exists before the ordinance is grandfathered unless they do substantial expansion. John Jenkins then proceeded to interrupt the meeting and Mayor Mask ask that he wait for the appropriate time to speak, he refused and Chief Fisher escorted him out. Council member Jones seconded the motion. Council member Bradshaw, Meadows and Gardner voted against the motion. Motion fails CONSIDER AND APPROVE A RESOLUTION FOR RUSK STATE HOSPITAL SUPPORT BY CROCKETT CITY COUNCIL Mayor Pro Tem Holcomb made a motion to approve the resolution for Rusk State Hospital support by Crockett City Council. Council member Meadows seconded the motion. Motion passes CONSIDER AND APPROVE PROPOSAL FROM UNION PACIFIC RAILROAD FOR PAYMENT OF DELINQUENT TAXES ON TABOR BROS. FARM SUPPLY (PARCEL ID 13139, ACCOUNT NO ) Mr. Duncan explained to council the property has been vacant for a number of years. The appraisal district went to Union Pacific who owns the right of way to pay the taxes and they came back with a counter proposal. Mayor Pro Tem Holcomb made a motion to approve the proposal from Union Pacific Railroad for payment of delinquent taxes on Tabor Bros. Farm Supply. Council member Bradshaw seconded the motion. Motion passes CONSIDER AND APPROVE APPOINTMENT OF REPRESENTATIVE TO SERVE ON BOARD OF DIRECTORS FOR DEEP EAST TEXAS COUNCIL OF GOVERNMENTS Mayor Pro Tem Holcomb thanked council for allowing him the opportunity to serve on this board but it has been difficult to attend all the meetings and thanked Mr. Hall for attending in his place. Mayor Pro Tem Holcomb recommended

6 Mayor Mask to serve on the board. Mayor Pro Tem Holcomb made a motion to approve the appointment of Mayor Mask to serve on the Board of Directors for Deep East Texas Council of Governments. Council member Bradshaw seconded the motion. Motion passes AWARD BID: CONSTRUCTION OF SEWER IMPROVEMENTS FOR TEXAS COMMUNITY DEVELOPMENT PROGRAM GRANT PROJECT # Mr. Bob Thurber, KSA Engineers, explained to council that two bids came in on this project: Doughtie Construction - $262, and McKinney & McMillian - $273, Both bids came in too high and both were allowed to re-bid the project. Revised bids: Doughtie Construction - $221, and McKinney & McMillian - $ 237, Mayor Pro Tem Holcomb made a motion to award bid of construction of the sewer improvements for Texas Community Development Program Grant Project # to Doughtie Construction in the amount of 221, Council member Meadows seconded the motion. Motion passes COMMENTS FROM AUDIENCE OR COUNCIL Laura Land against landscape ordinance James Hall disappointed with tower decision 21. ADJOURNMENT With no more business to consider, meeting was adjourned at 8:25 P.M. Wayne Mask, Mayor ATTEST: Mitzi Thompson, City Secretary