City Hall, Monroe, Louisiana September 10, 2013 6:00 p.m. There was a legal and regular session of the City Council of the City of Monroe, Louisiana held this date at the Council's regular meeting place, the Council Chamber, City Hall Building, Monroe, Louisiana. The Honorable Eddie Clark, Chairman, called the meeting to order. He then asked the clerk to call the roll. There were present: Council members Dr. Armstrong, Mrs. Ezernack, Ms. Blakes, Mr. Wilson and Mr. Clark. There were absent: None. Chairman Clark announced that a quorum was present and that the Invocation and the Pledge of Allegiance would be led by Mr. Clark. Chairman Clark proceeded by acknowledging the time for special announcements and/or communications. Dr. Armstrong thanked everyone for attending and that it is always a pleasure to see those who came and are interested in city. He said that in light of what’s happening in the world that we should pray for peace. Mrs. Ezernack welcomed and thanked everyone for attending the Council Meeting. Ms. Blakes thanked everyone for showing up and taking time out of their busy schedules to attend the Council Meeting. Mr. Wilson thanked the citizens for coming. Mr. Wilson stated that there has been a comment box distributed throughout District 4 and he had picked up 8 letters from the boxes. Mr. Wilson also spoke about Illegal Dumping and told the audience that illegal dumping costs Louisiana Taxpayers $40 million annually. The City of Monroe have Ordinances in place to combat this very important issue and that there are several steps that we plan to take to help combat this problem and to help make our neighborhoods cleaner. (1) We plan to revisit the City Litter Ordinance to see if we can impose stricter fines. (2) We will get input from the Citizens so that we can all together solve this problem. (3) Look into possibly initializing a Neighborhood Litter Watch and ask that people take pictures, videos of people illegally dumping. (4) Speak with the Beautification Coordinator and campaign for litter free neighborhoods. Mr. Wilson stated that the Code Enforcement Office has been diligent and he appreciates their efforts. Mr. Wilson said if you see illegal dumping call the Code Enforcement Office at 329-2332. Mr. Wilson ended by saying that he knows the citizens can do better and that we all will do better in the City of Monroe. Mayor Mayo communicated that there was a check presentation today to the City of Monroe. It was a reimbursement check to the I-20 Development District in the amount of $1.048 million dollars from State Capitol Outlay funds for the construction of the I-20 South Service Road extension from Revolution Park to Millhaven Road, which opened in 2012. Mayor Mayo thanked the Northeast La. Delegation and Senator Francis Thompson because he worked extremely hard to secure the reimbursement. Mayor Mayo also thanked his staff Dr. Dwight Vines who worked especially hard to keep it on the mind of Senator Thompson and Delegation to get the reimbursement. This will afford the I-20 District to do more. Chairman Clark welcomed everyone to the meeting and those who were watching from home and he also acknowledged Mr. Cliff Thomas, former Richwood Chief of Police. Chairman Clark thanked all of the officials from ULM and GSU for the economic boost to our local economy, a big boost to barbers, beauticians, liquor stores, Sam’s. He said every place that you could possibly imagine was stimulated and received some type of 1 business because of the game. Kudos goes out to the 2 universities and we look forward to seeing another game in the next year or two. Chairman Clark also read the Public Records Request from David Petty, President and Publisher of the News Star and that it was addressed to Mayor Mayo, Carolus Riley, each Council Member and City Attorney Nanci Summersgill. The Records Request asked for specific records requested any/all communications in written, electronic or digital form related to the official legal journal of the City of Monroe in June 2013; Any and all communications in written, electronic or digital form between any of the individuals named above and Roosevelt Wright, Jr. and/or The Free Press Newspaper. Upon a motion of Dr. Armstrong, seconded by Ms. Blakes the minutes of the Legal and Regular Session of August 27, 2013 were unanimously approved as presented. (There were no comments from the public). PRESENTATIONS: NONE PUBLIC HEARINGS: NONE PROPOSED CONDEMNATIONS: 1. 920 Camp Street (Owner - Ella Mae Walker, et al) “Notice to Show Cause” was served. Mr. Kelly came forward and stated that the owner of the property has been in contact with his office and they are not here because they live in Columbia, La and doesn’t have transportation. The property pictures showed and according to Mr. Kelly the house has a collapsed roof and there were holes in the floor. Mr. Clark responded that the property was in his district and they are trying to clean up his district. Upon a motion by Mr. Clark, seconded by Ms. Blakes and unanimously approved for the owner to be given 30 days or until October 5, 2013, in which to bring the structures into compliance with the code or demolish the structures and clean the lot. (There were no comments from the public). 2. 1003 Thomas Avenue (Owner - Andrew Miles) “Notice to Show Cause” was served. Code Enforcement Officer Kelly came forward and according to the pictures the property owner started tearing the house down and never completed it. Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved for the owner to be given 30 days or until October 5, 2013, in which to bring the structures into compliance with the code or demolish the structures and clean the lot. (There were no comments from the public). ACCEPTANCE OR REJECTION OF BIDS: NONE RESOLUTIONS AND MINUTE ENTRIES: Department of Administration Upon a motion by Ms. Blakes, seconded by Mr. Wilson and unanimously approved to Adopt Resolution No. 6114 accepting as substantially complete on the work done by and between the City of Monroe and R & A Construction for the Monroe Tax and Revenue Lobby Remodeling Project and further providing with respect thereto. (There were no comments from the public). Upon a motion by Ms. Blakes, seconded by Mr. Wilson and unanimously approved to Adopt Resolution No. 6115 accepting and approving the Systems Survey and Compliance Questionnaire for the City of Monroe for the fiscal year ending April 30, 2013. Comments: Ms. Nell Bradley came forward asked a question about the survey and the license board. Mr. Barnes responded that the Survey is just a standard form. 2 Ms. Blakes asked Mr. Barnes why the expiration dates for both the Mayor and Council at the same time. Mr. Barnes said yes, they both expire on July 1st/June 30th. Ms. Blakes said she noticed that some of the questions were not answered. Mr. Barnes said that it was just a standard questionnaire and some of the questions did not pertain to the city. There was a typo on the Agenda stating the Alcoholic Permit incorrectly as a Class A and with motions withdrawn; Chairman Clark correctly read the request for a License B and Upon a motion by Ms. Blakes, seconded by Mr. Wilson and unanimously approved to consider Application by Cynthia Holladay and Joseph Dominges dba Bootleggers Louisiana LLC, 4326 Sterlington Rd., Monroe, LA 71203 for a New 2013 Class B Alcoholic Beverage Permit. The Monroe Police Department has no disqualifying records and Sales Tax has been approved. (Distance Report Cleared). (There were no comments from the public). Comments: Mrs. Ezernack stated that sometimes they have gotten their Certificate of Occupancy and asked if this Business would be subject to them receiving a completed Certificate of Occupancy. Atty. Summersgill stated they must get their Certificate of Occupancy first, that they do this before. Ms. Poret added that the Ordinance states that it can be applied for and approved before they get their certificate of occupancy but that they can not open until they get their certificate of occupancy. Department of Planning & Urban Development: NONE. Legal Department: NONE. Mayor’s Office: Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to add to tonight’s agenda A Resolution Confirming the Appointment of Terry Williams as Fire Chief of the City of Monroe, Monroe Fire Department and further providing with respect thereto. (There were no comments from the public). Comments: Mayor Mayo said that the hiring of Chief Terry Williams was a six month process. The test was taken and passed by several candidates. He stated he decided to interview all of the candidates that passed the test. There were some who requested to be interviewed and there were others who took the test that were from other areas because they wanted to get used to taking the test because there were some upcoming tests. Approximately 10 candidates were interviewed and background checks were done on half of them. 3 staff members and the Mayor interviewed the candidates. They also along with the Mayor individually rated the candidates. After the decision was made about the nomination of the person presented to Council tonight, the Mayor said he submitted a cover letter and the resume of designee. The Mayor stated it was also requested by Council to submit the applications of the top 5. The Mayor stated he submitted the application of all 10 candidates. The Mayor asked the Council for their consideration tonight accepting the nomination from the Administration for Chief Terry Williams as the next Fire Chief. Upon a motion by Mrs. Ezernack, seconded by Ms. Blakes and unanimously approved To Adopt Resolution No. 6116 Confirming the Appointment of Terry Williams as Fire Chief of the City of Monroe, Monroe Fire Department and further providing with respect thereto. (There were no comments from the public). Comments: Chief Terry Williams approached Council and thanked Mayor Mayo for his vote of confidence in his abilities to lead the Monroe Fire Department. Mr. Williams stated that he has been an employee with the Fire Department for over 25 years and for 25 years he has prepared himself to stand before Council tonight and ask for their confirmation to be Fire Chief for the City of Monroe. He stated that he has worked hard and started out as a young fire fighter on the trucks and promoted to driver. He said that most of time spent on the truck he worked rescue and was a very aggressive fire fighter. Mr. Williams stated he spent time as a training officer and a paramedic and has been a paramedic for over 20 years. He stated he served as the Administrative Assistant for 3 almost 15 years and recently served as interim Fire Chief for the last six months and that it has been a long six months and hopes that he has served well in that capacity. Mr. Williams stated that there is a lot going on and projects are being worked on in the Fire Department. Mr. Williams said he is looking at rebuilding the Breard Fire Station and conducting a study to determine the best location for that particular fire station. The city is growing out on the east side and the north side and we are trying to prepare ourselves for this for the next rating. He stated that there is a lot going on and is anxious to move forward. Mr. Williams acknowledged his wife with him tonight and that he appreciates her support. He said just as Mayor Mayo has given him his vote of confidence he is respectfully requesting the Council’s vote of confidence and will answer any questions that the Council may have. Ms. Blakes said that she was the Council member that requested the applicants applications because she wanted to know what the Council was comparing Mr. Williams to and she stated to her surprise she can see why the Mayor chose Mr. Williams as Fire Chief. Ms. Blakes said the Mayor answered one of the questions that she had, but that her next question to Mr. Williams would be if there was a drug test administered to him. Mr. Williams responded that “no” a drug test had not been done but that he would voluntarily take a test now, leave and go to St. Francis. Mr. Williams added that as an Administrator with the Monroe Fire Department and in the history of the Fire Department and the City is that when a person is already employed in the Fire Department and they are promoted that that person is not required to take another drug screen test. They are always subject to a drug screen test and that the tests are randomly taken and he has had to take them randomly from time to time as well due to accidents and other issues. Ms. Blakes asked if a background check had been done on Mr. Williams and he along with the Mayor stated yes one had been performed. Dr. Armstrong added that he had the opportunity several weeks ago to speak with the Chief on another matter and that the Chief was very, very responsive, polite and efficient. He went above and beyond what was expected of him to get an answer and it is appreciated. He spoke with Mr. Williams after reviewing his credentials and feel very comfortable seeing him in the chief position and that he is very well qualified and is a wonderful choice. Department of Public Works: Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6117 authorizing the renewal of a Fuel Permit with respect to sale and/or storage of gasoline or other fuel at the Monroe Regional Airport to Central Oil Company, which permit will be for a period of sixteen months and further providing with respect thereto. (This item was passed over at the last meeting.) (There were no comments from the public). Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6118 authorizing the renewal of a Fuel Permit with respect to sale and/or storage of gasoline or other fuel at the Monroe Regional Airport to JPS Aviation, LLC, which permit will be for a period of sixteen months and further providing with respect thereto. (This item was passed over at the last meeting.) (There were no comments from the public). Upon a motion by Ms. Blakes, seconded by Mr. Wilson and unanimously approved to Adopt Resolution No. 6119 authorizing the renewal of a Fuel Permit with respect to sale and/or storage of gasoline or other fuel at the Monroe Regional Airport to Monroe Hangars, Inc., which permit will be for a period of sixteen months and further providing with respect thereto. (This item was passed over at the last meeting) (There were no comments from the public). 4 Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6120 authorizing the renewal of a Fuel Permit with respect to sale and/or storage of gasoline or other fuel at the Monroe Regional Airport to Spillers Oil Co., Inc., which permit will be for a period of sixteen months and further providing with respect thereto. (This item was passed over at the last meeting.) (There were no comments from the public). Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6121 authorizing the renewal of a Fuel Permit with respect to sale and/or storage of gasoline or other fuel at the Monroe Regional Airport to CenturyTel Service Group, LLC d/b/a Century link, which permit will be for a period of sixteen months and further providing with respect thereto. (This item was passed over at the last meeting.) (There were no comments from the public). Upon a motion by Mrs. Ezernack, seconded by Mr. Wilson, with Ms. Blakes abstaining, Mr. Clark voting no was approved to consider request from the Monroe Regional Airport for Council approval to purchase one (1) Explorer - Ford AWD off State Contract. The estimated cost of this purchase is $25,114.00. Funds for this purchase will be derived from the Airport Capital Account, which has a balance of $267,500.00. Comments: Ms. Nell Bradley came forward and said that she was speaking on behalf of Ms. Earline Bryant. Ms. Bryant wanted to know if there was another city vehicle available for use and why was a new vehicle needed. Mr.Phillips came forward and said that the new vehicle would be used by the Director of Operations and is to replace a 2000 Jeep Cherokee. The Director of Operations has to be able at any point respond to any safety issue on the airfield and the industrial park and this new vehicle is greatly needed. Dr. Armstrong said that he spent a couple of hours with Mr. Philips and Mr. Burdeaux and they took a ride around the perimeter to check the fences and one of the requirements were to check the perimeters everyday. A 4wd is required in areas especially on rainy days because the vehicle can get stuck. Dr. Armstrong said there is a need for the new vehicle and he said that Mr. Burdeaux is a real asset to the Airport. Mr. Clark said that he had gotten a lot of good positive feedback from Dr. Armstrong on his conversation with Mr. Phillips and Mr. Burdeaux. Mr. Clark stated he had a concern and that concern was that the new vehicle would be taken home everyday by Mr. Burdeaux and that the vehicle is needed everyday at the airport to get out in the field and check the perimeters. Mr. Clark stated that he worked at the airport prior to going to school and that he understands the nature of driving around the perimeter. Mr. Clark stated that before he votes on the issue he wanted to know if the vehicle can be left at the airport in the evening because we have fuel costs, filling it up, driving it home back and forth, etc. He asked Mr. Phillips if he would address this issue before he votes on the new vehicle purchase. Mr. Phillips responded that Mr. Burdeaux is on call 24 hours a day even after he leaves the airport, so it is important that he is able to respond from home. Right now he is driving the vehicle home so it would not be any additional cost associated with the new vehicle. Mr. Clark asked what type of vehicle does he drive home now and Mr. Phillip said that he drives an F-150. Mr. Clark said he asked a question that Dr. Armstrong did not know and that questions was that Mr. Burdeaux is on call 24 hours, but in the last month how many times has Mr. Burdeaux been called to go back to the airport. Mr. Phillips responded by saying twice. Mr. Clark said that he is somewhat for the new vehicle it’s just the taking home of the vehicle that has him concerned about cost. Mr. Clark asked is there any way that the vehicle can be left at the airport and when he comes in on call have use of the vehicle because according to Mr. Phillips that in the last 30 days Mr. Burdeaux has been called in twice. Mr. Phillips said that it was possible for this to happen. Mr. Clark said he needed to know on the record whether or not this is required before he votes on it. Mr. Phillips said if it is something that the Council requires he will do it, but as far as the Airport is concerned that it would be nice to take the vehicle home that way if there is a problem then he doesn’t have to waste time by coming in and changing vehicles. He can respond immediately to that particular issue. But in order to get the vehicle we will park it, that’s fine. Mr. Clark 5 asked Ms. Summersgill with respect to approving the purchase and if we wanted to add the provisions that the vehicle would be left at the airport on a daily basis; do we have to amend this consideration to add leaving the vehicle at the airport. Ms. Summersgill responded by saying yes. She added that generally speaking those people that are on call 24 hours a day, department heads that have trucks or vehicles are allowed to take their vehicles home. One of the reasons for that is and she doesn’t know about Mr. Burdeaux and Mr. Phillips can answer that is generally if they are not going to use the city vehicle that we do allow them a fuel allowance because they do come back and forth 24 hours if they are called upon to do that. That’s just some other food for thought and she said she was thinking about others who are on call 24 hours that we allow them to take their cars. No different than the fire and police chiefs. It’s just another consideration because you may get the expense another way with the car allowance. Mr. Clark asked so does he needs to amend. Ms. Summersgill stated yes. Mr. Clark said that is his request to add this proviso in. There is a motion on the floor by Mrs. Ezernack and Mr. Wilson and if they have any thoughts or concerns. Mr. Wilson asked where does Mr. Burdeaux live. Mr. Phillip said Mr. Burdeaux lives in West Monroe. Mrs. Ezernack stated that if we are going to have to pay a car allowance according to being on call and don’t know what the policy is in other departments and if we would be in the same situation with this particular juncture and this is her only concern; there may be more red tape added by doing this. Mr. Clark ended by saying leave the request as is and move forward on the motion and will vote on it as it stands. Upon a motion by Mrs. Ezernack, seconded by Mr.Wilson and unanimously approved to Adopt Resolution No. 6122 accepting the bid of D&J Construction Co, Inc. in the amount of $1,275,214.58 (funded by the Federal Aviation Administration and the Louisiana Department of Transportation) for the Taxiway G Rehabilitation Project and further providing with respect thereto. (There were no comments from the public). Comments: Dr. Armstrong asked if there were DBE Enterprise bids on this job as required by law. Mr. Phillips responded that yes there is a 5% goal on the project. Dr. Armstrong asked do we have the DBE Contractors for the position. Mr. Phillips stated that the contractor has contacted the DBE’s and he is working out the contracts with them. Before he is awarded the contract they will check to make sure that he reaches his DBE goals; this is a requirement. Dr.Armstrong asked Mr. Phillips if he would let them know. Mr. Phillips said that he would and added that this is on all of the projects. Ms. Blakes asked did Mr. Phillips say 5% instead of the 10%. Mr. Phillips said that it is 5% based upon the methodology from the FAA. Mr. Clark added that for those who are unaware of what DBE stands for and if Mr. Phillips would explain for general public knowledge. Mr. Phillips explained that DBE is for Disadvantage Business Enterprise and that is to ensure that minorities and socio-economic individuals have the opportunity to have level playing fields as it relates to bidding on projects. Upon a motion by Ms. Blakes, seconded by Mr.Wilson and unanimously approved to Adopt Resolution No. 6123 accepting the bid of Columbus Fence Company, LLC. in the amount of $390,319.50 (funded by the Federal Aviation Administration and the Louisiana Department of Transportation) for the Perimeter Fence Realignment Project and further providing with respect thereto. Comments: Ms. Nell Bradley came forward and asked if the perimeter of the airport was decreasing and if so don’t we have to have permission from the FAA to decrease the perimeter. Mr. Phillips said that the FAA is funding the project and what’s going on is taking out approximately 500 acres outside of the airfield by doing this it will allow us to control wildlife and other things that can create safety related problems. Ms.Bradley said so the FAA did okay this project. Mr. Phillips stated absolutely. Upon a motion by Ms. Blakes, seconded by Mr.Wilson and unanimously approved to Adopt Resolution No. 6124 offered by the Monroe Regional Airport authorizing Mayor Mayo to accept any grant offers from the FAA through December 30, 2013, for the Monroe Regional Airport, and further providing with respect thereto. (There were no comments from the public). 6 Comments: Ms. Blakes asked if there have been any grants submitted. Mr. Phillips stated that the grant offer was fed ex to them this morning from the FAA for 1.6 million dollars and so at the time of submitting the Resolution for the agenda they did not have the exact amount. Upon on motion by Mrs. Ezernack, seconded by Mr. Wilson and unanimously approved to add to the agenda a Resolution authorizing Monroe Regional Airport to advertise for bids for the North Ramp Rehabilitation Project, and further providing with respect thereto (There were no comments from the public). Upon on motion by Mrs. Ezernack, seconded by Mr. Clark and unanimously approved to Adopt Resolution No. 6125 authorizing Monroe Regional Airport to advertise for bids for the North Ramp Rehabilitation Project, and further providing with respect thereto. (There were no comments from the public). Council: Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6126 granting an exception to the Open Container Ordinance to the Downtown Economic Development District (Downtown River Jam) pursuant to Monroe City Code Sec. 12- 231 D. (Open Container Ordinance), and further providing with respect thereto. Comment: Ms. Nell Bradley said that she didn’t understand as to why they were doing it for one block. She asked was it to benefit the two restaurants the Cotton and the other restaurant over the railroad track, it’s ridiculous. Mrs. Myra Akers came forward and responded by saying that this is for an event that we are having down town and have had about four a year and it is for that specific area. The Chairman of Downtown River Jam stated that it was not ridiculous and it is not to benefit any personal restaurant. It’s why they have it in a public place that they rent and it is not to benefit any one business. It benefits the whole community and their charter is the revitalization and development of downtown Monroe. This is being done as the same night as the Art Crawl and the entire area will be filled with people and it gives them a fun family feel atmosphere to attend an event and hear live music instead of going to a bar where every body does not want to go to. Ms. Bradley said that she thinks it’s ridiculous that every little project that we have here has to be open container and asked if the city has a lot of drunks in town. Ms. Akers added that the Downtown River Jam was one of the first events besides the Art Crawl to be held that actually got people to start coming back downtown that made other businesses want to come and open another business downtown and really grateful for what the Downtown River Jam has brought to downtown. Upon a motion by Mr. Wilson, seconded by Mrs. Ezernack and unanimously approved to Adopt Resolution No. 6127 granting an exception to the Open Container Ordinance to the Northeast-Central Louisiana Affiliate of Susan G. Komen for the Cure Organization pursuant to Monroe City Code Sec. 12-231 D. (Open Container Ordinance), and further providing with respect thereto. Comments: Ms. Nell Bradley came forward and said that she couldn’t understanding giving an Open Container for 8:00 a.m. - 11:00 a.m. in Forsythe Park when there will be children and teenagers around. She said that we are always trying to influence the Don’t Drink and Drive. She was taught that if you drink before noon that you are an alcoholic. Every function has to have an open container, but for the pink tie that’s fine. 7 Department of Community Affairs: Upon motion by Mr. Wilson, seconded by Ms. Blakes with Mr. Clark abstaining was approved to Adopt Resolution No. 6128 accepting the Qualification Statement with fee analysis from Land 3 Architect for the Generator Project at the Monroe Civic Center and further providing with respect thereto. (There were no comments from the public). Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6129 authorizing James E. Mayo to enter into a contract with Sports Flooring, Inc. for Refurbishing the Gym Floor at Benoit Recreation Center and further providing with respect thereto. (There were no comments from the public). Police Department: NONE Fire Department: NONE. Engineering Services: Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6130 accepting as substantially complete work done by and between the City of Monroe and Sports Floors, Inc., for the installation of new flooring (Marbles, Johnson, and Robinson Community Centers) Project, and further providing with respect thereto. (There were no comments from the public). Dr. Armstrong stated that he received a call from a citizen who had a question about the specifications as called for in the proposal and the actual material that went down on the floor, just for the record he asked Mr. Holland if he could answer that question. Mr. Holland stated that he was familiar with it but the contract had an addendum that made some changes for the type of floor that went down. This particular job went out for bids twice and the contractor is Sports Flooring, this is what they do for a living they bided on it twice and they were the low bidder and the flooring the material that they put in meets or exceeds the specs. Mr. Holland added that he gave Council pictures to show them what the work looks like. Ms. Blakes asked about the maintenance of the floors and said that she had spoken with a contractor and they stated that the flooring is not properly maintained. Mr. Bruce Watson, Assistant Director of Parks and Recreation came forward to respond to the inquiry. He stated that the type of floor that went in is called a dual cushion wooden gymnasium flooring put in at Emily P Robinson, Johnson and Marble Centers. Sports Flooring had a training to show the custodians how to maintain the flooring. This was done at Henrietta Johnson and in addition there was a small problem over at Benoit and where the flooring was done with glue they came and fixed the problem with metal stapling. All of the custodians have been properly trained. Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Adopt Resolution No. 6131 accepting the bid of Byrnes Mechanical, in the amount of $257,500.00 for the Civic Center Arena Chiller Replacement Project, and further authorizing James E. Mayo, Mayor, to enter into and execute a contract for said work. (There were no comments from the public). Comments: Ms. Blakes asked if Byrnes Mechanical was the only bid received. Mr. Holland stated that there were 3 other bidders and this company was the low bidder for this item. Ms. Blakes asked if they could have the information of the bidders in their packet. Mr. Holland said he would take care of tomorrow. 8 INTRODUCTION OF RESOLUTIONS & ORDINANCES: Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Introduce an Ordinance declaring certain movable property of the City of Monroe as being no longer needed for public use and further providing with respect thereto. (Property Control). (There were no comments from the public). Comments: Ms. Blakes asked where the proceeds received from the auction go. Mr. Barnes stated that the money goes back to the General Fund. Upon motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to Introduce an Ordinance deleting the current Chapter 30.5 of the Monroe City Code Entitled “Smoke free Air” and replacing same in its entirety with the new Chapter 30.5 Entitled “Smoke-Free Air Act” and further providing with respect thereto. Comments: Mr. Enoch Doyle Jeter, non smoker, owner of Enoch’s Pub & Café, founder of Celtic Fest, professor at ULM, 34 years in business, 31 years of paying taxes to the City of Monroe, proud came forward to say that when he heard about the nonsmoking ordinance introduced about four years ago from the State of Louisiana and at that time he put about $10,000 into his business. He put outside patio, new tables, heating systems, etc. because preparing for another of the ordinance or so they thought. He said as with anything in Louisiana there has to be a grey area, so they decided there would be smoking allowed in bars, casinos, private clubs, etc. He was at that time informed by Murphy Painter (Alcohol Beverage Commission in Baton Rouge) that if this act was fought that they would be used as a test case and would be shut down. So being a restaurant for 29 years was being told that we now be designated as a bar. Mr. Jeter said there choice was to lose 5 percent of business to people bringing their children in which they had done for 29 years or lose 25 percent of business maintaining that and not allowing smoking. No one here would want to give up twenty five percent of their livelihood so went with the easy choice. We didn’t fight Mr. Painter, but he was forced to resign after a cloud of suspicion. We went with the bar and wasn’t very happy about it because we have had a very nice run of families coming to us. He said that anyone who thinks that the new ordinance is not going to affect business is wrong. All of the statistics that they come out with, all of the studies. He said he could have a study made that would come out different. It will affect business, he knows how it works. He said he is for it but just want an even playing field. Not stupid to think that casinos are not going to get their lobbyists to go to Baton Rouge and fight this, they have the money, it’s how things work. There is talk about a number of feet from the front doors entrance. We are asking that you consider this that if you go anymore than five feet from an entry on a business that you are putting people in the street, parking lots, it’s going to be dangerous and quite honestly it’s going to hurt our businesses more . When he heard this ordinance was coming up he put $3,000 in new awnings, tables and expansion of wrought iron to protect people because we want to see it happen but done correctly. Jennifer Haneline is a friend of theirs and has done functions at Enochs for Smoke Free Louisiana and we are for it but we just don’t want to see businesses affected to the detriment. Ms. Nell Bradley said for years now the City, Parish and the State have been enforcing no smoking in the building as far as concerned that’s legal right but when rules and regulations are being made it’s affecting private businesses and you are hurting them and this country. She added you are also violating her constitutional rights and she is fighting for her freedoms. Rev. Cliff Thomas came and stated that he was in support of the Ordinance. He said that we are not our brother’s keeper. This ordinance is about a Smoke Free Louisiana and it’s looking out for those who do not smoke and for individuals who can go into businesses and not be affected by second hand smoke. Twenty five percent are smokers in the State of Louisiana, but what about the seventy five percent majority who do not smoke. Many times the minority number of smokers are the ones who make a lot of noise but are not speaking for the welfare of the majority of the non smokers. Statistics, data and surveys are used to make decisions regarding what is good for the community. Rev. Thomas said that he was leaving a petition and some additional information with the Clerk. He ended 9 by saying that not trying to limit or disrespect those who do smoke but want to consider the health and welfare of those who do not smoke. Ms. Ezernack said that she would like the Council to consider an amendment to this Introductory Ordinance in such that it would state that it would be subject to the same type of ordinance passed by the Police Jury and the City of West Monroe we’re trying to make a consolidated effort to level the playing field in the parish to make sure we are all on the same page with this. She said that Ms. Haneline was to be here tonight but that she is in West Monroe and sent Rev. Thomas in her place. West Monroe is introducing it tonight and the Police Jury is introducing it next week. We all want to say all of ours say the same thing to level the playing field. Mr. Wilson said that he would like to know what the Police Jury and West Monroe is doing because certainly does not want to hurt our Monroe businesses. Mr. Clark asked Atty. Summersgill about this issue. She responded by saying in talking with the Ouachita Parish Police Jury and the City of West Monroe’s Attorneys that our Ordinance that we have in place is more restrictive with regard to the distance from the door that you can go with your smoking. Our Ordinance gives people greater, we require people to be fifteen to twenty feet from an opening. What we don’t have in our present Ordinance is a smoking ban on bars, bingo halls, etc. Right now the Parish and West Monroe wants to limit the distance to only five feet which some of us doesn’t think is enough but they are going to put it in place for bingo halls, bars. We decided to ask Council to agree that if the Ordinances in the Parish and West Monroe are not passed that our present Ordinance would still be in place. She said we could do that and see how it is going over in those areas before we make our final decision on it. She stated that the amendment that Mrs. Ezernack was speaking on can be done at the next meeting, it is not substitutive in nature and we also there was a date that it would become effective and believes the City of Monroe had ninety days. Everyone has agreed that it should January 2 if they are all to be if put in place at the same time. But these are all little questions that are not substitutive in nature but may change at the next Council Meeting and can add the amendment, not necessarily an amendment but a restriction so to speak. Mr. Clark stated to Atty. Summersgill that with the statement that she just made in regard to all of the unanswered questions that it is hard for him individually as a Council member to vote on this item. Mr. Clark stated that he already had questions regarding the Ordinance and he can’t vote on it because he doesn’t even know what the questions are. Mr. Clark asked what the Council is being asked to do tonight. Atty. Summersgill said that the Council is being asked to introduce the Ordinance and that the other questions can be dealt with once it has been introduced. She said that everyone just has to feel and that’s what everyone is doing the City, Parish, and West Monroe. We will see what the response is from the other areas, if they change the Ordinance we may not like it and may want to do something different. She said that we have a pretty good Ordinance as we stand right now; it’s just that our Ordinance excludes, bars, bingo halls and places like that. Mr. Clark said that it is more substitutive in nature and if it is restrictive it is substitutive. Atty. Summersgill said that it would be substitutive and this is in the packet tonight. She said, in other words if the Parish and West Monroe adopt those Ordinances as we have it here tonight then if the Council is agreeable then this is what we also will have. We would have the five feet restriction and the January 2nd effective date, but again it is not a substitutive thing. Ms. Blakes asked if smoking would be allowed in the bingo hall and bars. Atty. Summersgill said no smoking would be allowed in the bingo hall and bars. Atty. Summersgill said that the Ordinances being presented tonight, Parish and West Monroe restrict that and it has to be 5 feet away from the opening. Our Ordinances as it stands now, don’t remember if it’s 15 or 20, but we make people be 15 or 20 feet away. We are giving up a little something but we are getting more restrictions in to places that you can smoke. Mr. Clark said that we would vote on this Ordinance as it is being offered for Introduction. Mr. Clark said that he does have questions from a Constitutional point of view that he will hold off until 2 weeks. He said that he had spoken with the State 10 Representatives on the matter and am looking at the broadness of it and that it is not narrow enough for him at this point. RESOLUTIONS AND ORDINANCES FOR SECOND READING AND FINAL ADOPTION: Upon a motion by Mr. Wilson, seconded by Ms. Blakes and unanimously approved to pass over until October 22, 2103 Council meeting to Finally adopt an Ordinance amending the City of Monroe Code of Ordinances deleting Chapter 32, Subdivisions; Chapter 37, Zoning; and the Official Zoning Map for the City of Monroe in their entirety and adopting an updated Chapter 32, Subdivisions; Chapter 37, Zoning and Official Zoning Map for the City of Monroe and further provided with respect thereto. (P&Z) (There were no comments from the public). Upon a motion by Mrs. Ezernack, seconded by Ms. Blakes and unanimously approved to Finally adopt Ordinance No. 11,417 Extending and Enlarging the Boundaries of the City of Monroe, Louisiana, providing for the recordation of the entire boundary as amended: establishing the effective date thereof, and providing further with respect thereto – Applicant – Bayou Bend Estates, LLC – (P&Z) Comments: Ms. Nell Bradley came forward and asked what type of property would this be, would it be Section 8 or what type. Ms. Poret stated that this property is directly east from Century Link and that it will be single family homes and apartments and as far as she knows they will not be Section 8. Upon a motion by Mrs. Ezernack, seconded by Ms. Blakes and unanimously approved to finally adopt Ordinance No. 11,418 adopting and amending the Zoning Map for the City of Monroe, Louisiana to zone a ±32 acre tract of land, presently located in Ouachita Parish and without a zoning classification – Applicant – Bayou Bend Estates, LLC – (P&Z) (There were no comments from the public). Upon a motion by Mr. Wilson, seconded by Mrs. Ezernack and unanimously approved to finally adopt Ordinance No. 11,419 authorizing James Mayo, Mayor, to enter into and execute a Lease Agreement between the City of Monroe and H.D. Graphics, Inc. at the airport, for certain property located at the Monroe Regional Airport, and further providing with respect thereto. (Airport) Comments: Mr. Ali Maggini came forward and thanked everyone at Airport, Mr. Phillips, Mr. Janway and Ms. Chambliss for going out of their way to market and pitch this to them to put a second location at the Airport. Had several meetings with them and are going to provide some graphic design and will have 3-5 part time employees. Will be providing printing, tee shirts and other things that will promote the city and their business. Upon a motion by Mrs. Ezernack, seconded by Dr. Armstrong and unanimously approved to finally adopt an Emergency Ordinance No. 11,420 authorizing James E. Mayo, Mayor, to execute a contract with Specialty Field Services, for the repair of the High Volume Turbine Pump on Levy Drive and further providing with respect thereto. (Public Wks). (There were no comments from the public). Comments: The name of the company was left blank and Chairman Clark asked who the contract was with. Atty. Summersgill said the quotes were not received back in time for the name to go onto the Agenda. The name Specialty Field Services was given after 3 bids and they being the lowest bidder. The motion proceeded. Mr. Benton came forward and spoke about the need for the emergency. He stated that this is the Bayou Pump; it’s the raw water intake pump. There was a problem about two weeks ago with the pump itself breaking down and this is the main pump which brings water into the City of Monroe for treatment. Mr. Benton stated that they went out to get 3 bids and the prices went over the threshold to award the bid. The time is critical and they can not advertise for solicitation of bids for 30 days. He said right now what is being 11 used since the pump is out is the back up pump at the river pump station that we haven’t run in two or three years. The pump itself was breaking down and has been in service for thirty years. It has wear on it. There are three pumps at the location and two of the pumps have been rebuilt within the last five years. This is one of the last one’s that have not been taken care of and we are looking to get this done as quickly as possibly. CITIZENS PARTICIPATION Ms. Nell Bradley thanked Mr. Janway for the shelter he put down on Burg Jones Lane and that we are waiting on cement benches for the buses. Mr. Harold Collins a coin dealer said he moved to Monroe in 2007 opened a coin shop of precious metals and coins. On July 31, 2013 he had a tenant to move out of his building and after evicting them the former tenants said that they had left the keys in his mailbox. He stated the keys were not in his mailbox and he got another key and went into the apartment and what was found to be missing from the apartment were a TV set, two DVDs, two cable boxes, remote controls and another TV set was attempted to be removed from the wall. He stated he notified the Police Department and that he has a police report and no one has investigated it. He went on to say that on August 19 about 5:15 am he got a call from someone saying that they were on his property attempting to sell him some gold and he told them that he doesn’t open his shop until 10:00 am and he advised the lady to remove her self from his property. At about 5:45 am she was still there and he called the police department and asked them to remove her from his property because she was trespassing. The house was attempted to be broken into through the same apartment at the back of house, the cop didn’t get there in time to notify her. In the mean time the same girl attempted on August 22 about 11:30 pm knocking at his door and when he opened the door for her a young gentleman hit him in the face and ran in the house attempting to put him on the floor. Mr. Collins got a gun out of his cabinet held the man back at gunpoint and there was another man there also and they all took off running. A couple of hours later another gentleman on Glenmar Avenue was detained at gunpoint and attackers attempted to rob him, taking his merchandise out of his house, they grabbed his wallet, credit cards and they went down to Wal-mart and attempted to buy merchandise and these people are currently incarcerated. Mr. Collins stated that no one from the police department has contacted him about July 31st, August 19th, or the August 22nd. Incident. He said that he feels like a second rate citizen and is getting ready to move out of this area. Mr. Clark thanked him for his comments and asked if Chief Holmes would speak on this matter. Chief Holmes came forward and stated that he would find out why he wasn’t contacted. He said that they could still be working the cases but will find out why. He said typically the victims are called to let them know and give an update but most of the times they are being prepared for trial. He said that if it happened in July, typically it takes about a year before it gets to a trial. Mr. Ray D. Jones Jr. came forward and thanked the Council and Mayor. He said he is kind of heart broken and said he thought about Martin Luther King’s I have a dream speech and that he doesn’t believe that African Americans know why Martin Luther King chose that date. He sent lobbyists to Washington and that he heard all of the nays but there was something missing from the agenda and hundred years later that Negroes still aren’t free and seeing the signs for colored only. He said that he has sent several emails to the City Council and has not been able to sit down with them. He said that there are Councilman from District 3, 4, and 5 and the only way they can be stopped is by a veto vote by Mayor Mayo. He said Dr. Armstrong and Mrs. Ezernack can come together and work with the other council to make the city work. Mr. Clark said that he does receive his emails that Marlene James forwards to him and that they are encouraging and enlightening. Mr. Clark stated that he would talk with Mr. Jones not as a council member but as a man because he doesn’t really care about the 12 position and after council meeting the two can talk just as men to see how to make it work collectively. Ms. Johnnie Thomas came forward and thanked Mr. Hopkins for mowing an area. She said that there need to be some brainstorming on illegal dumping as Councilman Wilson stated. She also stated that she is a law abiding citizen and is not sitting on her porch waiting for an accident to happen. She said that we need the red light at the intersection and need the assistance of the Council to get it done. Mr. Bruce Watson came forward and said the reason he was there was that there has been some concern about the swimming pools. He said Mr. Ross asked that he do research on that particular issue. He said in 2010, The Department of Justice required all municipalities to have what they call pool lifts. There are two outdoor pools that have portable ramps and at that time they were in compliance. He said he contacted the State Fire Marshal’s office and when they call him back they will make sure that what ever they tell them is needed that it will be done for the next pool season. He wanted everyone to know that the City of Monroe is concerned about anyone who may have a disability and to ensure that they have the same rights and to make sure that we stay in compliance. There being no further business to come before the council, the meeting was adjourned at 7: p.m. upon motion of Ms. Blakes and it was seconded by Mr. Clark. Mr. Eddie Clark Chairman Carolus S. Riley Council Clerk Jacqueline Benjamin Council Secretary For extended details on the council meeting please call the Council Clerk Monday-Friday at 329-2252 to schedule and appointment to listen to the minutes tape. 13