January 27^th,  2009

I.                    Announcements

The City Council of Mt. Enterprise, Texas, convened in a regular meeting on Tuesday, January 27^th, 2009 in the Council Chambers of City Hall, 103 W. Gregg Street, Mt. Enterprise, Texas. 

Mayor Pro-Tem Hearn called the Council Meeting to order at 7:41 p.m.

Council Present:  Mayor Pro-Tem Gayle Hearn, Councilmember’s Debra Odom, Councilmember Johnny Fryman and Councilmember Brandon Jones arrived at 7:41 p.m.

Council Absent:   Mayor Harvey Graves

City Employee’s Present:  City Secretary Rosena J. Becker-Ross, Deputy Clerk Judy Lout, City Marshal David Collins and Deputy Marshal Marx Johnson

City Employee’s Absent: 

Citizen’s Present:  James Ferril, Lorri Little from the Henderson Daily Newspaper and Wastewater Operator John Henry

Councilmember Jones gave the Invocation

II.                 General Public Comments – Mr. Ferril stated he was not here to make any complaints he just wanted to make some suggestions for a couple of concerns that he had pertaining to the traffic noise and speed bumps needed by the school

III.               Council Comments –

IV.               Consent Items –

The following items were acted on by one motion. No separate discussion or action occurred on any of these items unless a Councilmember so requests.

a.       Approval of Minutes for the Regular Meeting of December 16^th, 2008

The minutes from the Regular Meeting of December 16^th, 2008 were approved.

b.       Approval of monthly reports ( December ) for Court, Clerks, Police, Wastewater and Financials

Reports for December were approved.

c.       Approval of 2008 Fiscal Year End Racial Profiling Report

Racial Profiling Report for 2008 Fiscal Year End was approved.

MOTION:

to approve Consent Items

Motion/Second:

Councilmember Odom / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

V.                  Regular Agenda       Items a, b moved to Executive Session by Councilmember Jones 1^st by Jones 2^nd by Odom

a.       Tabled Item:  Discussion and Consideration of Wastewater Mowing Contract  (BSJ)

 MOTION:

Moved into Executive Session - to table until February meeting

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

b.      Tabled Item:  Discussion and Consideration of City Mowing Contract (BSJ)

MOTION:

Moved into Executive Session - to table until February meeting

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

c.       Tabled Item:  Discussion and Consideration of City Clean-Up Letters (DJO/HLG)

MOTION:

to approve starting if they have not made an attempt to be fined $50 per day and increased per day to be enforced by City Marshal as designated in our City Ordinance and for City Marshal to follow-up with places that were sent letters and progress that have been made but the ones who have not made any progress to his discretion are to be fined $50 per day

Motion/Second:

Councilmember Jones / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

d.      Discussion and Approval of revised changes to the National Flood Insurance Ordinance 2008-1125-2R (RJBR)

MOTION:

to approve revised changes adding City Marshal’s name and $500.00 fine to the National Flood Insurance Ordinance 2008-1125-2R that was approved November 25^th, 2008

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

e.       Discussion and Consideration of Generator’s for Wastewater Plant and Lift Station (HLG)

MOTION:

to approve Blazer’s Bid subject to appropriate warranty for the manual install of two generator’s at the Lift Station and wastewater plant also to give John Henry approval to consult with the Mayor and for the Mayor to consult with anyone he desires if after warranty information has been obtained from Blazer it was not satisfactory

Motion/Second:

Councilmember Odom / Councilmember Jones

Motion carries a vote of:

AYES:

3

 NOES:

0

f.        Discussion and Consideration of Treasures of the Texas Coast Art Contest (DJO)

MOTION:

to remove from the agenda

Motion/Second:

Councilmember Odom / Councilmember Jones

Motion carries a vote of:

AYES:

3

 NOES:

0

g.       Discussion and Consideration of how the City will help with Clean-Up from damage caused by Hurricane Ike (GLH)

MOTION:

to table and add to the February agenda pending follow-up from David with FEMA

Motion/Second:

Councilmember Jones / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

h.       Discussion and Consideration to have the ditch deepened for culvert drainage at Harrison and NW 2nd Street (GLH)

MOTION:

to remove from agenda and Mrs. Gayle will place back on the agenda if needed

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

i.         Discussion and Approval of  revised changes to the Sewer Ordinance with current Ordinance #2009-0127-2 (JS)

MOTION:

to approve the Sewer Ordinance #2009-0127-2 as presented with the addition of a provision for annual inspections by Superintendent for commercial grease traps within the city limits

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

j.        Discussion and Approval of Resolution #2009-0127-1 authorizing a General (Regular) Municipal Election to be held on May 9^th, 2009 for the purpose of electing a Mayor and two City Councilmember’s Place #2 and Place #4, authorizing a joint election, appointing election officials and establishing business hours of the City Secretary’s Office for Early Voting (RJBR)

MOTION:

to approve Resolution #2009-0127-1 authorizing a General (Regular) Municipal Election to be held on May 9^th, 2009, for the purpose of electing a Mayor and two City Councilmember’s Place #2 and Place #4, authorizing a joint election, appointing election officials and establishing

Motion/Second:

Councilmember Odom / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

MOTION:

to approve clarification of Certification Pay to be increased monthly at $100 for City Marshal and $25 for City Secretary due to schooling and accomplishments they have made

Motion/Second:

Councilmember Jones / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

VI.               Convene into Executive Session

Entered into Executive Session at 8:26 p.m. pursuant to Texas Government Code Section 551.071 Consultation with Attorney, 551.074 Personnel Matters

a.       Tabled Item:  Discussion and Consideration of Deputy Marshal Marx Johnson Review (HLG)

MOTION:

upon the review of the probationary period to not offer further employment to Marx Johnson and to direct him to return all personal properties furnished in connection with his employment within seven days

Motion/Second:

Councilmember Fryman / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

b.      Tabled Item:  Discussion and Consideration of action on Critique Sheet presented by the City Marshal (GLH)

MOTION:

To remove from agenda

Motion/Second:

Councilmember Odom / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

c.       Discussion and Consideration of setting up a network connection for Deputy Marshal Marx Johnson (GLH)

MOTION:

to approve setting up a network connection in Deputy Clerk’s office

Motion/Second:

Councilmember Jones / Councilmember Odom

Motion carries a vote of:

AYES:

3

 NOES:

0

d.      Discussion and Consideration of changing Deputy Clerk’s title to Office Assistant (GLH)

MOTION:

to approve changing Deputy Clerk’s title to Office Assistant

Motion/Second:

Councilmember Odom / Councilmember Fryman

Motion carries a vote of:

AYES:

3

 NOES:

0

VII.             Reconvene into Regular Session at 8:59 p.m. and Consider Action, If Any, On Items Discussed During Executive Session

Councilmember Odom made a motion to reconvene into Regular Session, 2^nd by Councilmember Fryman at 8:59 p.m. pursuant to Texas Government Code Section 551.071 and 551.074 to take any action regarding executive session.

VIII.          Discussion Items

IX.               Mayor Pro-Tem Hearn adjourned the meeting at 9:02 p.m. without objection.