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Athens City Council

Regular Meeting

Athens, TX · April 10, 2023

AgendaMinutes

Minutes

REGULAR SESSION MONDAY, APRIL 10, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, April 10, 2023, at 5:30 p.m., in the Civic Hall, Room 216 of the Cain Center, 915 S. Palestine Street, Athens, Texas with the following members present to-wit: Toni Clay, Mayor Robert Gross SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Staff Present: Randy Williams, Utilities Director; Michael Hannigan, Tourism/ Social Media Manager; Conner Strange, Animal Control Officer; John Densmore, Chief of Police; Stacie Martin, Police Evidence Technician; Wanda Paul, Event and Tourism Coordinator; Virginia Hightower, Police Dispatcher; Roger Keith, Police Lieutenant; Emily White, Police Dispatcher; Fawn Hoover, Police Dispatcher; Amber Leon, Police Dispatcher; Others present: Aaron Smith, Elvis Allen, Eddie Smith, Gregory Werner, Deborah Deas, Leslie Saunders, Debbie Stanley, Brent Muecke, Angela Wagoner, Casie Darter, Ginger Ford, DA Jenny Palmer, Investigator, Buddy Hill, Tommie Thomas, Sheila Davis, Debra Wilson, and other interested citizens constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The invocation was given by Mayor Clay. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS Brent Muecke, 5880 HCR 4518, LaRue, Texas 75770, expressed safety concerns with the Merry- Go-Round at Kiwanis Park. PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK Mayor Clay proclaimed April 9 through 15, 2023, to be National Public Safety Telecommunicators Week in Athens. PROCLAMATION – ANIMAL CONTROL OFFICER APPRECIATION WEEK Mayor Clay proclaimed April 9 through 15, 2023, to be Animal Control Officer Appreciation Week in Athens. PROCLAMATION – CHILD ABUSE AWARENESS AND PREVENTION MONTH Mayor Clay proclaimed the month of April to be Child Abuse Awareness and Prevention Month. City Council Regular Session April 10, 2023 Page 2 PROCLAMATION – SEXUAL ASSAULT AWARENESS MONTH Mayor Clay proclaimed the month of April to be Sexual Assault Awareness Month. MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY  ANNOUNCEMENT OF COMMUNITY EVENTS Wanda Paul, Tourism and Events Coordinator, announced the following events:  4/12 Chamber Luncheon @ The Texan  4/13th-15th Henderson County Performing Arts (HCPA) presents Guys & Dolls @ 7:00 p.m. & the 20-22 @ 7:00 p.m. shows on 15th, 20th, and 26th start @ 2:00 p.m.  4/14 Coffee with Cops @ Athens McDonalds from 7:30 a.m. – 9:00 a.m.  4/15 Athens Farmers Market Pop-Up Market @ Athens Municipal Airport 11:00 a.m. – 2:00 p.m.  4/15 Spring Style Show & Mimosa Brunch @ 11:00 a.m. – 1:00 p.m. @ East Texas Arboretum  4/24 First Responders 3rd Annual Golf Tournament @ Athens Country Club CONSENT AGENDA a) CONSIDER APPROVING MINUTES OF THE MARCH 27, 2023, JOINT WORK SESSION b) CONSIDER APPROVING MINUTES OF THE MARCH 27, 2023, REGULAR SESSION c) CONSIDER THE APPOINTMENT OF ANGELA WAGONER AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF ADJUSTMENTS d) CONSIDER A RESOLUTION RECEIVING AND APPROVING HENDERSON COUNTY 9-1-1 COMMUNICATION DISTRICT’S ANNUAL BUDGET FOR FISCAL YEAR MAY 2023 THROUGH APRIL 2024 A motion was made by Councilmember Craig, seconded by Councilwoman Freeman, to approve the Consent Agenda. The motion carried unanimously. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY TO ACCEPT A BUYBOARD COOPERATIVE QUOTE FROM GODWIN FOR THE PURCHASE OF TWO AUTOMATIC DIESEL PUMPS AND ENTER INTO AN AGREEMENT Randy Williams, Utilities Director, presented the item. He stated it authorizes the purchase of two automatic diesel pumps, that will primarily be used at the Daniels and Robbins Lift Stations. He stated that these are the two (2) largest sewage pump stations. He explained that the Buyboard quote satisfies the city’s procurement requirement. Elizabeth Borstad, City Manager, stated that during the last significant event when the city lost power, a plan was put together to address the major lift stations in case of power failure. Councilmember Gross asked if the item was included in the budget, with Ms. Borstad stating it was not in the budget and Council may see a budget amendment. A motion was made by Councilmember Gross, seconded by Councilmember Carroll, to approve a Resolution authorizing the City to accept a BuyBoard Cooperative quote from Godwin for the purchase of two automatic diesel pumps and enter into an agreement. The motion carried unanimously. City Council Regular Session April 10, 2023 Page 3 Mayor Clay recognized Angela Wagoner for being in attendance. She was appointed to the Zoning Board of Adjustment as an Alternate Member. Ms. Clay thanked Ms. Wagoner for her service. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, AWARDING RFP23-6501, WEST WWTP TRICKLING FILTER #1 DISTRIBUTOR, TO CAPPS-CAPCO CONSTRUCTION, INC., AND AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT Mr. Williams presented the item and stated that West WWTP Trickling Filter #1 Distributor, is currently operational. However, there are repairs needed. He stated there were two (2) responses to the request for proposals. Ms. Borstad presented pictures of the distributor. A motion was made by Councilwoman Freeman, seconded by Councilmember Gross, to award RFP23-6501, West WWTP trickling filter #1 Distributor, to Capps-Capco Construction, Inc., and authorize the City Manager to enter into a Construction Agreement. The motion carried unanimously. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS There were no requests for additional future agenda items. ADJOURN The meeting was adjourned at 5:51 p.m. PASSED AND APPROVED THIS THE 24th DAY OF APRIL 2023. ___________________________ Toni Clay, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary

Agenda

NOTICE TO PUBLIC Notice is hereby given that the City Council of the City of Athens, Texas, will meet in Regular Session on Monday, April 10, 2023, at 5:30 p.m., in the Civic Hall, Room 216 of the Cain Center, 915 S. Palestine Street, Athens, Texas to consider the following: 1) Invocation 2) Pledge of Allegiance 3) Declaration of Conflict of Interest 4) Public Communications “Pursuant to Texas Government Code section 551.007, members of the public may speak on an agenda item during the public communication section of the meeting, or at the time the agenda item is called for discussion by the Mayor. Speakers shall be given three (3) minutes to speak. A speaker needing a translator and/or interpreter may be given six (6) minutes to speak. Members of the public wishing to address the Council on non-agenda items may do so pursuant to the same time constraints as agenda items. The Council will not comment on items not on the agenda; however, the Council may refer the item to City Staff for research, resolution or referral of the matter to the Council as a future agenda item.” 5) Proclamation – National Public Safety Telecommunicators Week 6) Proclamation – Animal Control Officer Appreciation Week 7) Proclamation – Child Abuse Awareness and Prevention Month 8) Proclamation – Sexual Assault Awareness Month 9) Mayor, City Council and/or City Manager updates involving Community Events and issues of Public Safety  Announcement of Community Events 10) Consent Agenda (All matters listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the City Council. The item may subsequently be removed from the Consent Agenda to be considered separately.) a) Consider approving minutes of the March 27, 2023, Joint Work Session 508 East Tyler St. | Athens, Texas 75751 | P 903.675.5131 | F 903.675.7562 b) Consider approving minutes of the March 27, 2023, Regular Session c) Consider the appointment of Angela Wagoner as an alternate member of the Zoning Board of Adjustments d) Consider a Resolution receiving and approving Henderson County 9-1-1 Communication District’s Annual Budget for Fiscal Year May 2023 through April 2024 11) Resolutions a) Discuss, consider, and take action, as necessary, concerning the approval of a Resolution authorizing the City to accept a BuyBoard Cooperative quote from Godwin for the purchase of two automatic diesel pumps and enter into an agreement – [R. Williams] b) Discuss, consider, and take action, as necessary, awarding RFP23-6501, West WWTP Trickling Filter #1 Distributor, to Capps-Capco Construction, Inc., and authorize the City Manager to enter into a Construction Agreement – [R. Williams] 12) Mayor and City Council’s request for future agenda items 13) Adjourn Executive Session (Closed Meeting): Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. If, during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the City Council at the date, hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071 - Private consultation with the attorney for the City. § 551.072 - Discussing purchase, exchange, lease or value of real property. § 551.074 - Discussing personnel or to hear complaints or charges against personnel or officials. “PURSUANT TO SECTION 30.06, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A CONCEALED HANDGUN.” “DE CONFORMIDAD CON LA SECCIÓN 30.06, CÓDIGO PENAL (ESTAR EN ESTA PROPIEDAD POR TITULAR DE LA LICENCIA CON UNA PISTOLA OCULTA), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411, CÓDIGO DE GOBIERNO (LEY DE LICENCIAS ARMA DE FUEGO), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA OCULTA.” "PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED OPENLY" “DE CONFORMIDAD CON LA SECCIÓN 30.07, CÓDIGO PENAL (ESTAR EN ESTA PROPIEDAD POR TITULAR DE LA LICENCIA CON UNA PISTOLA EN PLENO VISTA), UNA PERSONA CON LICENCIA BAJO EL SUBCAPÍTULO H, CAPÍTULO 411, CÓDIGO DE GOBIERNO (LEY DE LICENCIAS ARMA DE FUEGO), NO PUEDE ENTRAR EN ESTA PROPIEDAD CON UNA PISTOLA EN PLENO VISTA” This facility is wheelchair accessible and accessible parking spaces are available. Requests for additional accommodations or interpretive services must be made 48 hours prior to any meeting. Please contact the City Secretary’s Office at (903) 675-5131 or by FAX (903) 675-7562 for further information.

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