minutes - longview, tx

MINUTES

Of A

SPECIAL CALLED COUNCIL MEETING

October 29, 2015

The City Council of the City of Longview, Texas, met in a Special Session, October 29, 2015, at 5:30 p.m. in the Council Chambers of the Jo Ann Metcalf Municipal Building. Mayor Andy Mack presided. Members present were: Members absent were: Andy Mack Ed Moore Nona Snoddy

Kasha Williams Kristen Ishihara David Wright Sidney Allen Staff members present were: David Willard, City Manager Keith Bonds, Assistant City Manager Shawn Hara, Media and Tourism Manager Shelly Ballenger, City Secretary Robert Ray, Assistant City Attorney Michael Shirley, Director of Development Services Rolin McPhee, Director of Public Works Laura Hill, Director of Community Services Mary Ann Miller, Director of Administration Scott Caron, Director of Parks and Recreation J.P. Steelman, Fire Chief Mike Bishop, Police Chief

MINUTES City Council Meeting October 29, 2015

I. Call to Order – Mayor Andy Mack called the meeting to order. II. Invocation – Isaiah Murphy with East Texas Christian School’s National Honor Society gave the invocation. The other East Texas Christian School’s National Honor Society members in attendance are: Jonathan Carmargo, Ryan Foulk, and Hope Poulter. III. Pledge of Allegiance – James Sawyer, with East Texas Christian School’s National Honor Society, led the pledge of allegiance. The other East Texas Christian School’s National Honor Society members in attendance are: Isaiah Murphy, Jonathan Carmargo, Ryan Foulk, and Hope Poulter. IV. Employee Recognition Dr. Mack, Mayor: During the 90th Anniversary Annual Meeting of Texas Amateur Athletic Federation in Rockwall, Texas on September 24, Longview Parks and Recreation Department received the top member city award. Longview P.A.R.D. was presented the T.A.A.F. Platinum Member City Award for outstanding 2014-2015 registration support from teams, individuals and T.A.A.F. programs. The Member City awards are based on population/participation ratio. It includes consideration for involvement hosting Regional and State events, as well as service of their staff as liaisons and committee members. In 2015, Longview had 287 adult softball teams, 24 adult basketball teams and 22 kickball teams play in league games. These teams combined to play over 2,500 games on City fields and facilities. Over 600 youth participated in youth basketball through PARD and 220 in the regional TAAF track and field meet. Also at the annual meeting, Longview P.A.R.D. received the bid to host the T.A.A.F. Winter State Boys Youth Basketball Tournament. The Tournament will be held March 18-20, 2016 and is expected to attract between 90-100 teams. The tournament is expected to bring in over 25,000 spectators, players and coaches and will generate over $600,000 in economic impact. The staff that makes all this possible is Seth Pyle, Harry Eneman, and Loren Henry.


Seth serves as the Recreation Manager and began with the City of Longview in 1993 as a lifeguard. He has worked his way through the department and now supervises 23 full-time staff as well as over 100 part-time staff. Harry has worked for the City for 33 years, starting as a part-time scorekeeper and for the last 20 years as the full-time Athletic Supervisor. He has been a TAAF Region Director, ASA Junior Olympic Commissioner and many other roles in sports throughout Longview and Texas. Loren Henry began working for the City of Longview in March 2015. She graduated from Texas A&M and has worked TAAF Region and State track meets since she learned to write as her dad was the Director in Haltom City, Texas. I really want us to recognize that these tournaments that are put on in Longview they don’t just happen. They take time, maintenance, operation and coordination. That’s what’s helping us to grow as a regional sports tourism leader in East Texas and we will continue and begin to see those revenues build up and become more known for what we are doing. Thank you all so much. V. Citizen Comment Laura Hill, Director of Community Services: Introduced Animal Shelter Manager Shannon DeRosa previously Shannon Johnson. Vik Verma: Board Member of Special Health Resources of Northeast Texas Region are actively having open enrollment for the affordable care act which begins this Sunday, November 1, 2015 and goes through January 31, 2016. If people need health insurance or help renewing their insurance we have a hotline people can call 903-247-1078 to talk to one of our navigators. Gayle Gustin: Spoke in opposition against Hinsley Park proposition. She has been told that there are people on City boards that do not reside in Longview and I feel there should be some investigation put into that. Steve Crane: I reside in the Spring Hill area and I am here to speak against Proposition 1, which is on the ballot for the sale of Hinsley Park. My primary concern is the use of public land for private purposes especially when there is a current development in place at the extension of North Fourth Street. There is an infrastructure already in place for that investment and now we know that there is a high-end Brookshire’s store that is planning on coming in.


It puts the City of Longview in a precarious position because what it appears as I don’t think the City has done this intentionally, but, there may be consequences and it puts the City in opposition to or in competition with current developers because we want a park so bad that based on promises given from a developer who has used questionable tactics. On Facebook, there were ads they have promoted and possible state ethics violations of those ads. Knowing that’s who we are going to be in bed with in this deal doesn’t sit well with me. I’m hoping it doesn’t sit well with the City and city residents of Longview. Terri Hill: Concerned about Proposition 1 also. In recent weeks there has been a recent discovery of undisclosed information brought forward regarding this commercial development. It is irresponsible and shows a lack of leadership and integrity to show due diligence in researching a matter yourselves as city leaders before asking citizens to vote on it. The developer SDR Realty has gone to great lengths to grossly and falsely mislead the citizens of Longview with a ferocious ad campaign that has clearly been violated state laws and as a result the State Ethics Commission has been contacted to assist the citizens of Longview in investigating SDR Realty illegal activity. Dale Boddie: I retired in 2001, and we have installed a lot of backflow preventers. Whether you are using chemicals on your agriculture yard or whatever that shouldn’t be irrelevant. What you do not want is any size backflow preventer leaking back into your main water system that makes everyone in Longview sick. I don’t care if they have a filter or not. I just really want you to know that you are taking a chance of killing everybody in Longview. If you do not have these checked you have a chance of these trickling backwards back into your freshwater supply. If we don’t have these checked every 6 months we have a chance of it coming back, and I just don’t want to see this happen. VI. Presentation Items

A. Presentation of a proclamation for Community Planning Month – Dr. Andy Mack, Mayor: The city staff has requested that I, by proclamation, recognize October as Community Planning Month in the City of Longview. The celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Longview; and therefore, I, Andy Mack, by the authority vested in me as Mayor of the City of Longview, Texas do hereby proclaim October, 2015, as Community Planning Month in Longview.


B. Presentation of Kilgore College-Longview Master Plan –

Bill Holda, Kilgore College President: We are delighted to show you some plans that we think are very exciting for the future of Longview and for Kilgore College – Longview. We were teaching welding at 2201 South Mobberly, we had leased the room in the Glover-Crim building for what was then called the hospital orderly program, and we leased 10 classrooms in the old Longview High School on the 2nd floor that formally roomed some science and home economics. Today in Longview we have total combined budget of over 5 million dollars dedicated just to Kilgore College – Longview. I would like Dr. Julie Fowler to share the vision with you this evening and I hope you will enjoy it. Dr. Julie Fowler, Executive Dean of Kilgore College – Longview showed a PowerPoint presentation of a before and after design of Kilgore College – Longview. Bill Holda, Kilgore College President: I know that a lot of times people write about City Staff but, I want to tell you that we purchased that Sears building in 1979 and that building happened to be in the Southern historical district. One of the zoning requirements was that you if you have a building worth more than $35,000.00 before you could demolish it you had to advertise it for 12 months. Michael Shirley and the development staff created a higher education overlay that planning and zoning and the historical commission approved that has made it easier for us to move at a quicker pace. It is a revitalization of a blighted area and it will produce buildings that will train the workforce of Longview and it creates a bridge between downtown Longview and South Longview. It’s the perfect connector and it really fits in with your Comprehensive Plan. The city of Longview is not in Kilgore’s taxing district, so it’s very difficult for us to use taxpayer’s dollars. In the past what we have done is have, in lieu taxes where, the community steps forward. That whole project front to back is about $30 million dollars. Phase I is about a $6 million dollar project. The college will have $2 – million dollars in the project and we have received a challenge grant from the current LEDCO Corporation with $500,000.00 towards culinary arts and $500,000.00 towards pipe fitting upon completion of the project. We want to represent this to the new LEDCO board and then we are going to hit the service clubs and start grant applications. The way all of you can help us is help us identify partners who want to invest in the future of Longview.


VII. Public Safety Update Mike Bishop, Police Chief: We had 38 police graduates in this year’s Police Academy on October 22. Last Friday we graduated 9 recruits from East Texas Police Academy which is at Kilgore College and yesterday we were able to commission those officers after their graduation Friday. The new officers are: Douglas Bell, Trenton Capps, Keith Brooks, Justin Hampton, William Amada, Ashley Icottas, Eric Cunningham, Jonathan Lori, and Jose Rodriguez. Tuesday they all took the state exam and passed all the requirements to become licensed police officers and we were able to swear those officers in yesterday. I would like to remind our citizens that a great way that they can provide information to us and remain anonymous to some of the open investigations we have is through the Gregg County Crime Stoppers program and you can reach them at 903-236-STOP. J.P. Steelman, Fire Chief: Our EMS Subscription program is from October 1st until December 31, 2015. If you are interested in saving yourself some money on an Ambulance transport you may expect here is the opportunity for you. Please contact 903-237-1232. On Halloween we are expecting some inclement weather which has made us have to cancel our annual event of our Block Party, which is our wrap up event for our Fire Prevention Week, which we have celebrated the whole month. We promise to bring it back next year bigger and better. Also, on the statewide front we’ve been pretty active. There have been a lot of wildfires and floods. We did send 9 people and 2 equipment pieces down to Bastrop to try and get those fires under control. So I am proud of the fact that Longview is represented across the state of helping other communities in their time of need and hope that is a reciprocal affect that would come to Longview if we were in need. VIII. Consent Agenda

A. Consider a Resolution authorizing and directing the City Manager or the City Manager’s designee to execute any necessary documents for the purchase of a bulky item truck via the city’s purchasing agreement with the local government purchasing cooperative administered by the Texas Association of School Boards (“TASB Buyboard”) for an amount not to exceed $146,851.10 –

Dwayne Archer, Assistant Public Works Director: Request that the City purchase this equipment from MHC Kenworth of Longview, by using the Local Government


purchasing cooperative administered by The Texas Association of School Boards ("TASB Buyboard"). The equipment listed has been properly bid and by purchasing from this purchasing cooperative agreement we fulfill bidding requirements under Chapter 252 of the Local Government Code. The total of this transaction for the T370 Kenworth bulky items truck will not exceed $146,851.10. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, AUTHORIZING THE PURCHASE OF A BULKY ITEMS TRUCK VIA THE CITY’S PURCHASING AGREEMENT WITH THE LOCAL GOVERNMENT PURCHASING COOPERATIVE ADMINISTERED BY THE TEXAS ASSOCIATION OF SCHOOL BOARDS (“TASB BUYBOARD”); AUTHORIZING AND DIRECTING THE CITY MANAGER, OR THE CITY MANAGER’S DESIGNEE AND/OR OTHER OFFICIAL(S) OF THE CITY AS SHALL BE REQUIRED TO EXECUTE ANY DOCUMENTS NECESSARY FOR SAID PURCHASE; SETTING FORTH THE CONDITIONS OF SUCH AUTHORIZATION; DETERMINING THAT SAID PURCHASE IS EXEMPT FROM STATE BIDDING REQUIREMENTS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.

Such Resolution No. 4989 appears in the Resolution and Ordinance records of the City of Longview.

B. Consider a Resolution allowing the City of Longview to enter into a Mutual Aid Radio Frequency Access Agreement with the Hallsville Volunteer Fire Department for the purpose of improved inter-agency communications –

J.P. Steelman, Fire Chief: Allow the City of Longview to establish a Mutual Aid Radio Frequency Access Agreement with the Hallsville VFD that would allow for improved inter-agency radio communications for emergency response activities.


The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, APPROVING AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE TO EXECUTE A MUTUAL AID RADIO FREQUENCY ACCESS AGREEMENT BETWEEN THE CITY OF LONGVIEW AND HALLSVILLE VOLUNTEER FIRE DEPARTMENT FOR IMPROVING INTERAGENCY EMERGENCY COMMUNICATIONS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION WAS APPROVED COMPLIED WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.


C. Consider a Resolution awarding a contract to and authorizing and directing the City Manager or the City Manager’s designee to execute any necessary documents with Public Safety Corporation of Waldorf, Maryland for alarm permit management services –

Lieutenant Anthony Boone, Longview Police Department: This item would allow for an agreement for Alarm Permit Management Services for the Police Department. As per City of Longview Ordinance Sec. 70-51. Burglary and Robbery Alarms, the City of Longview Police Department issues, for a fee, annual alarm permits for all residential and commercial alarm systems located in the corporate city limits. In addition, a fee is charged for multiple false alarm calls. This item would allow for an agreement for a third party contractor to administer the alarm permit program. Awarded contractor will make available to residents and business a website to register alarm systems. In addition, awarded contractor will collect all monies due for permits and false alarm fees and provide a pro-active educational program for residents and businesses with frequent false alarm calls. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, ACCEPTING THE PROPOSAL


OF PUBLIC SAFETY CORPORATION OF WALDORF, MARYLAND FOR ALARM MANAGEMENT SERVICES; AUTHORIZING AND DIRECTING THE CITY MANAGER, OR THE CITY MANAGER’S DESIGNEE TO NEGOTIATE AND EXECUTE ANY DOCUMENTS NECESSARY BETWEEN THE CITY OF LONGVIEW AND PUBLIC SAFETY CORPORATION FOR SAID SERVICES; AUTHORIZING THE RENEWAL OF SAID CONTRACT AT THE CITY MANAGER’S DISCRETION FOR UP TO TWO ADDITIONAL ONE-YEAR TERMS; DETERMINING THAT THE CITY COMPLIED WITH ALL APPLICABLE COMPETITIVE PURCHASING REQUIREMENTS IN SOLICITING AND ACCEPTING SAID PROPOSAL; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.


D. Consider a Resolution awarding a contract to and authorizing and directing the City Manager or the City Manager’s designee to execute any necessary documents with Pither Plumbing, Inc. of Longview, Texas for plumbing services for buildings and facilities –

Rolin McPhee P.E., Director of Public Works: This item is for an annual agreement for plumbing services for the City of Longview buildings and facilities. In this agreement work is performed on an as needed basis. Work to be performed will be routine repairs, maintenance and special projects as designated for jobs totaling $5,000.00 or less. Work totaling more than $5,000.00 shall be competetively bid per City of Longview purchasing policy and Texas State Law. Evaluation is based on lowest and best price for bid that meets published specifications for plumbing services. On September 8, 2015, bid documents were mailed and emailed to plumbing services vendors and posted on the City of Longview Website. Bids were advertised in the local newspaper on September 8, 2015, and September 15, 2015. On September 23, 2015, four bids were on file. The bids were from: Pither Plumbing of Longview, Texas


Richard Holt Plumbing of Longview, Texas Peter Pauls Plumbing of White Oak, Texas Napps Heating, Air Conditioning & Plumbing of Longview, Texas

The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, ACCEPTING THE BID OF PITHER PLUMBING, INC. OF LONGVIEW, TEXAS, FOR PLUMBING SERVICES INVOLVING ROUTINE REPAIRS, MAINTENANCE AND SPECIAL PROJECTS FOR JOBS TOTALING $5,000.00 FOR LESS FOR THE CITY OF LONGVIEW BUILDINGS AND FACILITIES; AUTHORIZING AND DIRECTING THE CITY MANAGER, OR THE CITY MANAGER’S DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY BETWEEN THE CITY OF LONGVIEW AND PITHER PLUMBING, INC OF LONGVIEW, TEXAS FOR SAID PLUMBING SERVICES; AUTHORIZING THE RENEWAL OF SAID CONTRACT AT THE CITY MANAGER’S DISCRETION FOR UP TO FOUR ADDITIONAL ONE-YEAR TERMS PROVIDED THAT THE TOTAL AMOUNT SPENT UNDER SAID CONTRACT FOR ANY ONE RENEWAL TERM SHALL NOT EXCEED FUNDS BUDGETED FOR SAID CONTRACT IN THE CONCURRENT BUDGET YEAR; DETERMINING THAT THE CITY COMPLIED WITH ALL APPLICABLE BIDDING REQUIREMENTS IN ACCEPTING SAID BID; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIRMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.


E. Consider a Resolution authorizing and directing the City Manager or the City Manager's designee to execute any necessary documents for the application, receipt and expenditure of grant funding in an


amount not to exceed $8,376.00 from the East Texas Council of Governments for the support of the Adopt-A-Street Program –

Laura Hill, Director of Community Services: In September 2015, the East Texas Council of Government issued a Request for Applications of the Regional Solid Waste Grants Program. The City of Longview as an eligible applicant wishes to submit an application to promote public awareness concerning the Adopt-A-Street Program and Litter Prevention Program. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, AUTHORIZING THE CITY OF LONGVIEW TO APPLY FOR, ACCEPT AND EXPEND GRANT FUNDS IN THE AMOUNT OF $8,376.00 FROM THE EAST TEXAS COUNCIL OF GOVERNMENTS (ETCOG) FOR A REGIONAL SOLID WASTE PROGRAM CONCERNING ADOPT-A-STREET LITTER ABATEMENT ACTIVITIES; AUTHORIZING THE TIMELY SUBMITTAL OF SAID APPLICATION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS INCIDENT TO APPLYING FOR, SECURING AND EXPENDING SAID GRANT; PROVIDING FOR COMPLIANCE WITH REGIONAL PLANS AND PROGRAM RULES; PROVIDING FOR FUNDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.

Such Resolution No. 4993 and appears in the Resolution and Ordinance records of the City of Longview.

F. Consider a Resolution authorizing the filing of a grant application to the East Texas Council of Governments (ETCOG) for Regional Solid Waste Program Grants in the amount of $10,000.00 for a public awareness campaign pertaining to educating the public and


increasing participation in the City’s Recycling Program for Fiscal Year 2016 –

Mike Wigington, Recycling Coordinator: Consider a Resolution to apply for a Solid Waste Program grant from the East Texas Council of Governments, to assist in the funding a public awareness campaign for educating the public and increasing participation in the City’s recycling program for fiscal year 2016. This will allow the Sanitation Division to purchase advertisements as well as purchase and distribute informational brochures to all Sanitation customers. By passage of this resolution, the City Council will allow the Sanitation Division to apply for an ETCOG Solid Waste grant in the amount of $10,000.00, to help cover public awareness campaign costs. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE EAST TEXAS COUNCIL OF GOVERNMENTS (ETCOG) FOR A REGIONAL SOLID WASTE PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $10,000.00; AUTHORIZING THE TIMELY SUBMITTAL OF SAID APPLICATION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS INCIDENT TO APPLYING FOR, SECURING AND EXPENDING SAID GRANT; PROVIDING FOR COMPLIANCE WITH REGIONAL PLANS AND PROGRAM RULES; PROVIDING FOR FUNDING; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.


G. Consider a Resolution awarding a contract to and authorizing and directing the City Manager or the City Manager’s designee to execute any necessary documents with Steadfast Concrete, Inc. of Marshall,


Texas, in the amount of $180,589.00 for the construction of the Multimodal Transportation Center Phase 1 Project –

Rolin McPhee, P.E., Director of Public Works: Consider a resolution awarding a contract in the amount of $180,589.00 to Steadfast Concrete of Marshall Texas for the construction of the referenced project. The following bids were opened on October 1, 2015: Bidder Amount Steadfast Concrete, Inc. $180,589.00 Marshall, Texas Miller Construction $197,411.60 Longview, Texas CE Marler & Associates, Inc. $244,281.38 Kilgore, Texas East Texas Bridge $263,245.50 Longview, Texas The scope of work includes the construction of approximately 1,921 square yards of entry/drive pavement with concrete into the Multimodal Transportation Center. The engineer, Johnson and Pace has examined the bids and the qualification of the low bidder and has recommended that the City award this contract to the low bidder Steadfast Concrete. City staff concurs with the recommendation that the City award the contract to Steadfast Concrete Inc., in the amount of $180,589.00. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, ACCEPTING THE BID OF STEADFAST CONCRETE, INC., OF MARSHALL, TEXAS, FOR CONSTRUCTION OF THE PROJECT ENTITLED “MULTIMODAL TRANSPORTATION CENTER PHASE 1”; AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ANY DOCUMENTS NECESSARY BETWEEN THE CITY OF LONGVIEW AND STEADFAST CONCRETE, INC., FOR THE ABOVE REFERENCED PROJECT; DETERMINING THAT THE CITY COMPLIED WITH ALL APPLICABLE BIDDING REQUIREMENTS IN ACCEPTING SAID BID; FINDING


AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.


H. Consider a Resolution authorizing and directing the City Manager or the City Manager’s designee to execute any necessary documents for an annual contract with Gregg County for the receipt of $60,000.00 for supplemental library funds for Fiscal Year 2015- 2016–

Kara Spitz, Library Manager: Gregg County authorized supplemental funds for Library Services in September 2015, in the sum of $60,000.00 for fiscal year commencing October 1, 2015. Funding will be provided in four equal payments during the fiscal year. Gregg County has provided funding to the library for a number of years as early as 1944. In turn, the Library assumes the functions of a County Free Library within Gregg County. The Library will be responsible for maintaining a certificate from the Texas State Library and Archives Commission indicating the Longview Public Library is a County Free Library. This year's funding will be utilized for the purchase of books. The following Resolution was approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF LONGVIEW AND GREGG COUNTY ACCEPTING SUPPLEMENTAL FUNDS FOR LIBRARY SERVICES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.



I. Consider approval of the following minutes: September 29, 2015 Special Called Minutes and October 8, 2015 –

Shelly Ballenger, City Secretary requested the September 29, 2015 Special Called Minutes and October 8, 2015 Regular minutes be approved. MOTION: Council Member Ishihara made a motion to approve the consent agenda. SECOND: Council Member Moore seconded the motion. VOTE: The motion carried unanimously (6, 0). IX. Zoning – Public Hearing Item

A PUBLIC HEARING will be held to consider a request filed by Habitat for Humanity to abandon a 20 foot alley consisting of 0.064 acres located between Lots 1-4, Block 12 and Lot 5, NCB 236, Rembert Addition located on Park Street –

Angela Choy, City Planner: The applicant is Habitat for Humanity. The location is between Lots 1-4, Block 12 and Lot 5, NCB 236, of the Rembert Addition located on Park Street south of Roosevelt Street. The applicant is requesting to abandon an unimproved 20 foot alley. This property is in Council District 2 – Council Member Nona Snoddy’s district. The zoning district is currently Single Family (SF-5). The applicant is requesting to abandon a section of an alley between Lots 1-4, Block 12 and Lot 5, NCB 236, Rembert Addition located on Park Street south of Roosevelt Street. This alley is 0.064 acres in size and 20 foot wide and 140 foot deep. It is an unimproved alley that has never been built upon. The applicant would like to incorporate this alley into their lots in order to build two single family homes. All public utility companies have reviewed and have signed off on the proposed abandonment. There is no public infrastructure located within this alley. Staff recommends approval of this request.


The public hearing was opened. No one was present to speak on this matter. The public hearing was closed. MOTION: Council Member Moore made a motion the following Ordinance be

approved:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, VACATING AND ABANDONING THE CITY'S INTEREST IN A 20 FOOT-WIDE ALLEY RIGHT-OF-WAY, CONSISTING OF ONE PARCEL OF LAND TOTALING 0.064 ACRES, MORE OR LESS, EXTENDING BETWEEN LOTS 1-4, BLOCK 12, AND LOT 5, NCB 236, REMBERT ADDITION, CITY OF LONGVIEW, GREGG COUNTY, TEXAS, M.D. GREER SURVEY, A-83; AUTHORIZING DEEDS TO EVIDENCE ABANDONMENT OF SAID RIGHT-OF-WAY AND ANY OTHER DOCUMENTS AS MAY BE NECESSARY FOR SAID ABANDONMENT; CONDITIONING SAID ABANDONMENT AND AUTHORIZATION UPON THE EXECUTION BY THE PROPERTY OWNERS OF APPROPRIATE DOCUMENTS RELEASING THE CITY AND HOLDING THE CITY HARMLESS AS A CONSEQUENCE OF SAID ABANDONMENT AND UPON THE EXECUTION OF PUBLIC UTILITY EASEMENTS FOR EXISTING WATER, SEWER, AND FRANCHISE UTILITIES LOCATED WITHIN SAID RIGHT-OF-WAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.

SECOND: Council Member Ishihara seconded the motion. VOTE: The motion carried unanimously (6, 0). Such Ordinance is No. 4012 and appears in the Resolution and Ordinance records of the City of Longview.


X. Action Items

A. Consider a Resolution appointing members to the Mobile Food

Vending Task Force – Dr. Andy Mack, Mayor: We will create the Mobile Food Vending Task Force by appointing members per the selection of the Council Appointments Committee. Candidates were provided by members of the City Council. Councilman Moore you are the liaison for this committee is there anything you would like to update us on? Councilman Ed Moore: I think we have an excellent cross section of the community to start this process. Laura Hill informed me before the meeting that she has a goal of getting this wrapped up by January. So we are going to shoot for that. The committee members consist of: David Choy, Cathy Cace, Eric Dean, Brian Hatchett, Gerald Rodriguez, Kevin Hawkins, Hank Guichelaar, Mike Kittner, Chuck King, and Doug Shook. Ed Moore will serve as Council Liaison. MOTION: Council Member Ishihara made a motion the following Resolution be

approved:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, NAMING REPRESENTATIVES TO THE MOBILE FOOD VENDING TASK FORCE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.

SECOND: Council Member Moore seconded the motion.

VOTE: The motion carried unanimously (6, 0). Such Resolution No. 4997 and appears in the Resolution and Ordinance records of the City of Longview.


B. Consider an Ordinance amending the City’s plumbing code to repeal the annual testing requirement for backflow prevention assemblies that are used solely with residential irrigation systems without chemical additives – A PUBLIC HEARING WILL BE HELD TO CONSIDER THIS ITEM.

Michael Shirley, Director of Development Services: Consider amending the City of Longview Code of Ordinances Chapter 73 plumbing code Article III, Section 112 (14) to repeal the annual testing requirement for residential backflow prevention assemblies that are used solely with irrigation systems without chemical additives. The public hearing was opened. Don Francis, Citizen: I am a plumber here in the city and I take this to heart. Every time we fertilize our front lawns we’ve just induced chemicals into our sprinkler system. When we say that it is only for chemical induced system it’s also applicable to our front lawns. It takes teamwork from the citizens and the City to uphold the integrity of our water system. The backflow has been going really good for the last past 3 years and to delete it, I believe would be a huge mistake. The time is coming when it will be mandated by the TCEQ. I know we have fumbled in communication but there has been a lot of effort in educating the citizens of Longview. There is a lot of frustration over this and it comes down to a lack of education. I ask you to rethink the process of stepping back from this and push forward as a team to uphold the integrity of our system. Lou Bromley, Citizen: I was one of the customers that got a surprise with people in the front yard to dig up and put in a backflow preventer, fortunately living in Wildwood we had a dwelling that had a backflow preventer installed. I think the way the system was planned and executed that it left a lot of room for improvement. Joe Randolph, Citizen: My first contact with the subject of backflow testing came a few months ago when I saw an advertisement in the Longview News Journal that spoke words to the effect of if you get a letter from “such in such” place do not ignore it, call us and we will take care of it for you. That’s fine for an enterprising business to do that but when I heard from a friend of mine who had received one of the letters she wasn’t happy about it and I knew nothing about the letters. I spoke with 25-30 people that hadn’t seen anything about the backflow prevention unless they received one of the letters. The letters received were from out of state without a name and we were not sure if it were legitimate. When further investigated, the city told a citizen if they didn’t comply their water would be shut off and there would be a reconnect fee. There was not enough communication established between the citizens, city and the 3rd party company.


Terry Hawkins, Citizen: It has been shown that many citizens have been led to believe that these annual inspections are a state requirement when they are only in the plumbing code and also are able to be revised. I would like to thank Kristen Ishihara for digging it out. Cost is not the only reason and consideration. According to a researched article I came across it stated that: “A backflow prevention device should only be used to protect a non-health hazard.” By that guideline the city is wasting everyone’s time by trying to get homeowners to maintain devices that are inadequate in the first place. I’ve lived in Longview for the past 40 years and Longview has a good water system and I haven’t heard of any contaminations. J.W. Baker, Citizen: When we speak about changing anything as far as health hazards are concerned or otherwise…how many people have died for them to require that you put a seatbelt on? How many people have died because tires did not have enough tread? You get an inspection every single year on your vehicle to make sure it isn’t a hazard to others. It doesn’t matter what you have going on in the vehicle. It is about how it stops against the others who are driving against you. It’s not only essential but it should be a requirement for each individual to do their part. The TCEQ mandates are overwritten by whatever plumbing code is adopted by the City of Longview, which we adopted the 2012 plumbing code. Jack Park, Citizen: In 56 years of me living here, I have never encountered affairs of the Longview City Water Department. Water has been provided everyday for 56 years at least in my neighborhood. The record is outstanding. What are the homeowners getting in return for that 2 million dollar investment? Nothing. The water system doesn’t fail. The backflow hasn’t been occurring and the water has never become contaminated. I think it’s wise to be aligned with the state requirement. Councilman Allen: It looks like we made a mistake approving the plumbing code. We didn’t really read it completely and it’s very cumbersome to do so. We have an excellent water system and City of Longview has won several times for the best tasting water contest. I feel that everyone that handles any part of this system is profiting from their involvement and cost that it is costing the citizens at this time. Councilman Wright: Was this program introduced to the city very well? I would say not, the citizens are more educated about the need for it and it seems to be kind of arbitrary that somebody on one side of the street needs to have his meter or backflow preventer checked and the person on the other side doesn’t. One is charged $65.00 and another is $200.00. The way our ordinance is being enforced I am opposed to it, but I think as Mr. Francis said this is about maintenance of your system. It is something that needs to be maintained and checked out whether it is between 3 – 5 years. Just because there are no documented cases we don’t know that anyone hasn’t been sick because of this. I think we do need to look at some type of ordinance where our systems are checked


every 3 – 5 years or every time a house sells. I’m opposed to a system as it is currently used but I do think we need some type of a system where these valves are inspected. Mayor Mack: This was presented as a state mandate to our residents and we now know that it’s not. It wasn’t intentional. What we have now isn’t working the way it was intended to work. It is a burden upon our citizens and our taxpayers and we are trying to eliminate and make us a better and more user-friendly city. The public hearing was closed. MOTION: Council Member Ishihara made a motion the following Ordinance be

approved:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONGVIEW, TEXAS, AMENDING THE CITY’S PLUMBING CODE TO REPEAL THE ANNUAL TESTING REQUIREMENT FOR BACKFLOW PREVENTION ASSEMBLIES THAT ARE USED SOLELY WITH IRRIGATION SYSTEMS WITHOUT CHEMICAL ADDITIVES; PROVIDING FOR PENALTIES OF UP TO $2000.00 FOR VIOLATION HEREOF; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS HEREOF; AND ESTABLISHING AN EFFECTIVE DATE.

SECOND: Council Member Allen seconded the motion. VOTE: The motion carried unanimously (6, 0). Such Ordinance is No. 4013 and appears in the Resolution and Ordinance records of the City of Longview. XI. Mayor Mack’s Book Club Discussion Discussion of Mayor Mack's Book Club reading “The Go-Giver” –


Dr. Andy Mack, Mayor: A friend of mine called and stated that he was in line at the Post Office and he had just witnessed a woman giving several stamps for free to people that had been waiting in line for awhile since that was all they needed to purchase. They asked to pay her back and she said.”No, I’m a Go-Giver.” Another gentleman asked her had she been participating online with the group discussion. She said, no, my computer is broke and it’s going to cost me $100.00 to get it fixed. Well when the gentleman got ready to walkout he handed the woman a hundred dollar bill and said, I am a go-giver too. Go get your computer repaired. The moral of the story is maybe it’s one or two people but that’s all that it takes to make the difference. We will change the attitude of people in Longview. XII. Items of Community Interest On Saturday, November 7, 2015 at 2:00 p.m. a Dedication Ceremony will take place at

Teague Park for the Veteran’s Plaza. The Veteran’s Recognition Foundation has

worked diligently to make improvements which include a Vietnam Veteran’s Memorial

Wall, monuments for various conflicts and wars, sculptures recognizing MIA/POW and

Military Working Dogs, Service Branch Seals and more. To date, over $274,000 has

been contributed to this effort to honor our veterans and their families. In addition to the

Dedication Ceremony a Car Show will take place from 8:00 a.m. – 2:00 p.m. If

additional information is needed visit vetplaza.org.

Save the date for Longview Green and Clean. On the second Saturday in November, join us for a partnership between the City of Longview Recycling Program and Keep Longview Beautiful. Our staff will be at Lear Park to help residents recycle junk and other items that usually go to the landfill. Also, a community wide effort of volunteers will work together to clean litter, and beautify the areas where we live and work. This is one of the largest community volunteer days in Longview and you are invited to join us. To learn more call 903-237-1250 or visit LongviewTexas.gov/LGC . The City of Longview is inviting residents to once again submit photos of life in Longview and East Texas. Submitted photos may be used for the City of Longview’s 2016 Calendar of Events and Services as well as for other projects. Photos must be submitted by November 1, 2015, to be considered for the calendar. Horizontal-oriented high resolution photographs are preferred. For more information you can visit LongviewTexas.gov. We want to remind you about the Mayor’s Challenge to donate bottled water, sports drinks, new boxed car seats, and new smoke and carbon monoxide detectors. We would like to thank everyone who has donated so far and if would like to donate as well,

http://longviewtexas.gov/LGC


you can drop off your donations at any Fire or Police station. XIII. Executive Session Item

Deliberate regarding Personnel Matters – Under Texas Government Code Section 551.074. Performance evaluation of City Manager and City Secretary.

No action was taken on this item. XIV. Adjourn The meeting was adjourned at 7:25 p.m. ____________________________ Shelly Ballenger City Secretary

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