Sep-2005

MINUTES OF A SPECIALMEETING OF THE GOVERNING BODY OF THE CITY OF PELICAN BAY On the 16th day of September,2005,the Council of the City of PelicanBay convenedin a specialmeeting,the samebeing open to the public at the regular meeting place thereof, in the City Hall, and notice of said meeting having time, place and subject thereof, having been posted as prescribed in Article 6261-17V.S.C.S.

l.

CALL TO ORDER. Mayor Hawkinscalledthemeetingto orderat 6:30p.m.

2 . ROLL CALL AND DECLARE QUORUM. AldermanReed,AldermanHunter, Alderman McWhorterandAldermanSparkswerepresent.AldermanNightingalewasabsent. a J.

APPROVETHE PROPERTYTAX RATE FOR 2005. A motion was made by Alderman McWhorterto approveOrdinance186settingthe ProperlyTax Ratefor 2005. The motionwas seconded by AldermanHunterandpassedby a voteof 4/FORandO/OPPOSED.

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ACCEPTTHE RESIGNATIONOF SGT.BRYAN CHANCELLOR, AldermanReedmovedto acceptSgt. Chancellor'sresignationand AldermanMcWhortersecondedthe motion. The motionpassedby a voteof 4/FORand0/OPPOSED.

5 . REVIEWAND CONSIDERAPPROVALOF OFFICERO'DONLEY AS A FULL TIME PAID PEACEOFFICER. AldermanHuntermovedto approveOfficer O'Donley as a full time paid PeaceOfficer. AldermanReed secondedthe motion that passedby a vote of 4/FOR and O/OPPOSED. TheCounciladjourned to ExecutiveSession at 6:37p.m. 6. EXECUTTVE SESSTONPURSUANT TO SECTTON551.074,PBRSONNEL MATTERS, TO DELIBERATE THE APPOINTMENT, EMPLOYMENTO EVALUATION, REASSIGNMENT, DUTIBS, DISCIPLINE OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, TO-WIT: CHIEF MICHAEL MITCHBLL. ASSISTANT CHIEF ROBERT NORMAN. CAPTAIN TROY DIGGS AND TRAINING OFFICER WAYNE FOX. Thespeciaf meetingof theCouncilreconvened at7:52p.m. 7. PERSONNEL ACTION ON ANY MATTER LISTED FOR DELIBERATION IN THE EXECUTIVESESSION.No actionwastaken. 8. ACCEPT THE RESIGNATION OF ALDERMAN CALVIN HLINTER. Alderman Sparks moved and Alderman Reed secondedthe motion to accept the resignation of Calvin Hunter, Alderman PlaceTwo. The motion passedby a vote of 3/FOR and O/OPPOSED. 9. ADJOURNMENT. There being no further business,Mayor Hawkins adjourned the meeting at 7:53p.m.

PASSED ANDAPPROVED THrSllrn APPROVED:

DAy OF 0Li-.

ZooS.

NOTICE OF A SPECIAL MEETING OF THE GOVERNING BODY OF THE CITY OF PELICAN BAY Noticeis hereby given that a SPECIAL meetingof the Cify Council of the City of Pelican Bay will be held on Friday, September16, 2005 at 6:30 P.M. in the City Hall at 1300 PelicanCircle, PelicanBaynTexas,at which time the following subjectswill be discussed, to wit: 1. CALL TO ORDER 2. ROLL CALL AND DECLAREQUORUM. 3. APPROVETHE PROPERTYTAX RATE FOR 2005. 4. ACCEPTTHE RESIGNATIONOF SGT.BRYAN CHANCELLOR. 5. REVIEWAND CONSIDERAPPROVALOF OFFICERO'DONLEY AS A FULL TIME PAID PEACEOFFICER. PURSUANTTO SECTION551.074,PERSONNELMATTERS, TO 6. EXECUTIVE SESSTON DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,DISCIPLINE OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, TO-WIT: CHIEF MICHAEL MITCHELL. ASSISTANTCHIEF ROBERT NORMAN. CAPTAIN TROY DIGGS AND TRAINING OFFICER WAYNE FOX.

7. PERSONNELACTION ON ANY MATTER LISTED FOR DELIBERATION IN THE EXECUTIVESESSION. 8. ACCEPTTHE RESIGNATIONOF ALDERMAN CALVIN HLINTER. 9, ADJOURNMENT. I, the undersignedauthority, do hereby certify that the above Notice of Meeting of the GoverningBody of the City of PelicanBay is a true and correct copy of said Notice and that I posteda true and correct copy of said Noticeon the bulletin board, in the City Hall to the generalpublic at all in PelicanBay, Texasna placeconvenientand readily accessible times and said notice was postedon September13th, 2005,at 3:00 O'clock P.M., and remainedso postedcontinuouslyfor at least72 hours precedingthe scheduledtime of the meeting. 2005. Datedthisthe 13thdayof September

City of Pelicaneuy

MINUTES OF A PUBLIC HEARING AND { MEETING OF THE GOVERNINGBODY OF PELICAN BAY On thel3th dayof September,2005, theCouncilof theCity of PelicanBayconvened in a meeting, thesamebeingopento placethereof,in theCity Hall,andnoticeof saidmeeting thepublicat theregularmeeting havingtime,placeandsubject thereof,havingbeenposted asprescribed in Article6261-17 V.S.C.S. l.

CALL TO ORDER. Themetingwascalledto orderat7:02p.mby MayorHawkins.

2. ROLL CALL AND DECLARE QUORUM. AldermanReed,AldermanHunter,AldermanMcWhorter, AldermanSparkswerepresentandAldermanNightingalewasabsent.A quorumwaspresent. PUBLIC HEARING ON 2005TAX INCREASE- 7:00P.M. MayorHawkinsopenedthe PublicHearingon theproposed tax revenueincrease for publicdiscussion.. WORKSHOPSESSION- 7:10P.M. Discussion of Consent AsendaItems. SESSION- 7:15P.M. 3. OPENINGPRAYER. AldermanMcWhorter gavethe openingprayer. 4. CITIZEN PARTICIPATION. 26 citizensattendedthe meeting.Concernswereun-mowedpropertyand speeding. 5. CONSENTAGENDA: A. REVIEW AND CONSIDERAPPROVAL OF THE CITY COUNCIL MINUTES FOR THE PREVIOUSMEETING. B. CONSIDERAPPROVAL THE EMPLOYER'S POLICIES AND PROCEDURESAND THE EMPLOYEES HANDBOOK. A motionwasmadeby AldermanSparksto tableapprovalof theEmployers'PoliciesandProcedures until thenext regularcouncilmeeting.The motionwasseconded by AldermanHunterandpassedby a vote of 4/FORand 0/OPPOSED.AldermanSparksthenmovedto approvethe City Councilminutessubjectto correctionandthe motionwasseconded by AldermanMcWhorter.Themotionpassed by a voteof 4/FORand0/OPPOSED. 6. FIRE DEPARTMENTACTIVITY REPORT. AssistantChiefNormanpresented the Activity Reportafter whichChief Mitchell presenta Plaqueof Appreciationto Fire FighterTry Diggsfor 30 yearsserviceto the City. 7. CODEENFORCEMENTACTIVITY REPORT.DeloresKnight presented the CodeEnforcement Activity Report. 8. POLICEDEPARTMENTACTIVITY REPORT.lnterimChiefFrankumpresented thePoliceActivity Report. 9. ACCEPTTHE RESIGNATIONOF OFFICERJOHN KEPLEY. AldermanHuntermovedto acceptthe resignationof Officer Kepley. The motionwasseconded by AldermanMcWhorterandpassedby a vote of 4,trORand0/OPPOSED. 10. REVIEW AND CONSIDERAPPROVALOF ONE WAY STREETS.AldermanMcWhortermovedto keepthe circlesastheyareandto not installoneway streetsigns.AldermanReedseconded themotionthat passed by a voteof 4/FORand0/OPPOSED.

ll. APPROVETHE APPLICATION OF FIREFIGHTERSAND JUNIORFIREFIGHTERS.AldeTman

Sparksmoveto approveJunior Firefighter Kennedyon the conditionthat the Departmentreceivesparental approval.AldermanHunterseconded themotionthatpassedby a vote of 4/FORand0/OPPOSED.Then. AldermanSparksmoveto approveJunior FirefighterPritcharton the condition that the Department receivesparentalapproval.AldermanHunterseconded themotionthat passedby a vote of 4/FORand O/OPPOSED.

12, DRAWING FOR FIRE DEPARTMENTFUNDRAISINGSHOTGUNAND COLLECTOR'SKNIFE. Drawingswereconductedfor the WinchesterShotgunandthe Collector'sKnife. RobertMarler of Weatherfordwon the shotgunandRonNightingalewon theknife.

13 .CITIZEN PARTICIPATION. The citizenshadno furtherconcerns. 14. ADJOURNMENT.Mayor Hawkinsadjournedthemeetingat7:45p.m.

PASSED ANDAPPROVED rHrSJ_t_rnDAyOF OeT. APPROVED:

ATTEST:

ZOOS.

NOTICE OF A PUBLIC HEARING AND A MEETING OF THE GOVERNINGBODY OF PELICAN BAY Noticeis herebygiven that a public hearingand a regular meetingof the City Council of the City of Pelican Bay will be held on Tuesday,September13,2005at7:00 P.M. in the City Hall at 1300PelicanCircle,Pelican Bay,Texas,at which time the followingsubjectswill be discussed, to wit: l.

CALL TO ORDER

2.

ROLL CALL AND DECLAREQUORUM. PUBLIC HEARING ON 2005TAX INCREASE- 7:00 P.M. WORKSHOPSESSION- 7:15P.M. Discussion of Consent AsendaItems. SESSION- 7:30P.M.

J.

OPENINGPRAYER.

4. CITIZENPARTICIPATION. 5. CONSENTAGENDA: A. REVIEW AND CONSIDERAPPROVAL OF THE CITY COUNCIL MINUTES FOR THE PREVIOUSMEETING. B. CONSIDERAPPROVAL THE EMPLOYER'S POLICIES AND PROCEDURESAND THE EMPLOYEES HANDBOOK. 6. FIREDEPARTMENTACTIVITY REPORT. 1, CODEENFORCEMENTACTIVITY REPORT 8. POLICEDEPARTMENTACTIVITY REPORT. 9. ACCEPTTHE RESIGNATIONOF OFFICERJOHNKEPLEY. IO. REVIEWAND CONSIDERAPPROVALOF ONE WAY STREETS. AND JUNIORFIREFIGHTERS. I I. APPROVETHE APPLICATIONOF FIREFIGHTERS 12. DRAWING FOR FIRE DEPARTMENTFUNDRAISINGSHOTGUNAND COLLECTOR'SKNIFE. I3. CITIZENPARTICIPATION. 14. ADJOURNMENT. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City of Pelican Bay is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall in Pelican Bay, Texas, a place convenient and readily accessibleto the general public at all times and said notice was posted on September 9th, 2005, at 6:00 O'clock P.M., and remained so posted continuously for at least

time of the meeting. 72 hoursprecedingthe scheduled 2005. Datedthisthe9th dayof September City of PelicanBay

MINUTES OF PUBLIC HEARINGS AND SPECIAL MEETING OF THE GOVERNING BODY OF PELICAN BAY On the6th dayof September, 2005,theCouncilof theCity of PelicanBayconvened in two publichearings anda special meeting, thesamebeingopento thepublicat theregularmeeting placethereof, in theCity Hall,andnoticeof saidmeeting havingtime,placeandsubjectthereof,havingbeenposted asprescribed in Article6261-17 V.S.C.S. l.

CALL TO ORDER. MayorHawkinsgavea callto orderat 6:30p.m.

2. ROLL CALL AND DECLARE QUORUM. AldermanReed,AldermanHunter,AldermanMcWhorter, AldermanSparksandAldermanNightingalewerepresent.A quorumwasdeclared. PUBLIC HEARING FOR THE FISCAL YEAR 2005/2006 BUDGET - 7:00P.M. Mayor Hawkinsopenedthe PublicHearingfor the 200512006 Budget. The City Auditor, GaryWilliams answeredquestionsfrom the Councilandthe citizens. PUBLIC HEARING ON 2005TAX INCREASE- 7:15P.M. At7:15p.m.,MayorHawkinsopenedthePublicHearingon the2005Tax Increase.TheCity Secretary, Nancy questions Nold answered from theCouncilandthecitizens. WORKSHOPSESSION- 7:30P.M. Discussion of Consent Agendaltems. SPECIAL SESSION- 7:45P.M. of theCity of PelicanBayCouncilwascalledto orderat 7:48p.m.by MayorHawkins. TheSpecialSession 3. CONSENTAGENDA: A. CONSIDERAPPROVAL OF AN ORDINANCEPROHIBITING POTENTIAL POLLUTION SOURCES. B. APPROVEA CONTRACT WITH THE OFICE OF RURAL COMMUNITY AFFAIRS FOR THE DEEP WELLS FUNDING. C. CONSIDERAPPROVAL OF A RESOLUTIONESTABLISHING DEPOSITORY/AUTHORIZEDSIGNATORIESFOR TCDP PROGRAM. D. APPROVEAN AGREEMENT FOR PROFESSIONALSERVICESWITH LAWRENCE & ASSOCIATES. E. APPROVE A CONTRACT FOR ENGINEERINGSERVICES. F. APPROVE FISCAL YEAR 2005/2006 BUDGET. A motion was made by Alderman Nightingale that was secondedby Alderman Hunter to approve the ConsentAgenda. The motion passedby a vote of 5/FOR and 0/OPPOSED. Counciladjourned to ExecutiveSession at 7:50p.m. 4. EXECUTIVE SESSIONPURSUANTTO SECTION55I.074,PERSONNELMATTERS, TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,DISCIPLINE OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, TO-WIT: CHIEF CLARK, CAPT. FRANKUM, LT. CHANCELLOR, SGT. TURNER, OFFICER LITTLE AND OFFICER THOMPSON.

TheExecutiveSession adjournedat 8:45p.m. TheSpecialSession reconvened at 8:48p.m. 5. PERSONNELACTION ON ANY MATTER LISTED FOR DELIBERATION IN THE EXECUTIVE SESSION. A motionwasmadeby AldermanNightingaleandseconded by Alderman McWhorterto passResolution#130terminatingChiefClark for wantof confidence.The motionpassedby a voteof 5/FORandO/OPPOSED. AldermanNightingalethenmovedthatLt. Chancellorbe reducedto Sgtandplacedon 6 monthssupervised probation.AldermanHunterseconded the motion. Themotionpassedby a vote of 5/FORand O/OPPOSED. 6. ADJOURNMENT. Therebeingno furtherbusiness, Mayor Hawkinsadjournedthe meetingat 8:50p.m.

PASSED AND APPROVED THrSJl_rh DAy OF APPROVED:

NOTICE OF PUBLIC HEARINGS AND SPECIAL MEETING OF THE GOVERNINGBODY OF PELICAN BAY Notice is hereby given that two public hearingsand a specialmeetingof the City Council of the City of PelicanBay will be held on Tuesday,September6,2005 at 7:00 P.M. in the City Hall at 1300PelicanCircle, PelicanBay, Texas,at which time the followingsubjectswill be discussed, to wit: I.

CALLTOORDER

2. ROLL CALL AND DECLAREQUORUM. PUBLIC HEARING FOR THE FISCAL YEAR 2005/2006 BUDGET - 7:00 P.M. PUBLIC HEARING ON 2005TAX INCREASE- 7:15P.M. WORKSHOPSESSION-7:30 P.M. Discussion of Consent AeendaItems. SPECIAL SESSION- 7:45 P.M. 3, CONSENTAGENDA: A. CONSIDERAPPROVAL OF AN ORDINANCEPROHIBITING POTENTIAL POLLUTION SOURCES. B. APPROVE A CONTRACT WITH THE OFICE OF RURAL COMMUNITY AFFAIRS FOR THE DEEP WELLS FUNDING. C. CONSIDERAPPROVAL OF A RESOLUTIONESTABLISHING

DEPOSITORY/AUTHORIZEDSIGNATORIESFOR TCDP PROGRAM. D. APPROVE AN AGREEMENT FOR PROFESSIONALSERVICESWITH LAWRENCE & ASSOCIATES. E. APPROVE A CONTRACT FOR ENGINEERINGSERVICES. F. APPROVE FISCAL YEAR 2005/2006BUDGET. EXECUTIVE SESSIONPURSUANTTO SECTION55I.074,PERSONNELMATTERS, TO DELIBERATE THE APPOINTMENT, EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,DISCPLINE OR DISMISSAL OF A PUBLIC OFFICER OR EMPLOYEE, TO-WIT: CHIEF CLARK, CAPT. FRANKUM, LT. CHANCELLOR, SGT.TURNER, OFFICER LITTLE AND OFFICER THOMPSON. 5. PERSONNEL ACTION ON ANY MATTER LISTEDFORDELIBERATIONIN THE EXECUTIVE SESSION. 6.

ADJOURNMENT.

I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Governing Body of the City of Pelican Bay is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall in Pelican Bay, Texas, a place convenientand readily accessibleto the general public at all times and said notice was posted on September 3rd, 2005, at 10:00 O'clock A.M., and remained so posted continuously for at least 72 hours preceding the scheduled time ofthe meeting. Dated this the 3nd day of September2005.

Citu of Pelican Bav