Athens City Council

REGULAR SESSION MONDAY, OCTOBER 9, 2023 The City Council of the City of Athens, Texas, met in Regular Session on Monday, October 9, 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 to wit: Aaron Smith, Mayor Robert Gross, Mayor Pro Tem SyTanna Freeman Mark Carroll Cody Craig Elizabeth Borstad, City Manager Bonnie Hambrick, City Secretary Kourtney McEvoy, Executive Assistant Staff Present: Mandie Quigg, Chief Financial Officer; Thomas Williams, Chief of Police; Chad Allen, Chief of Police; Rodney Williams, Assistant Chief of Police; Gregory Werner, Fire Chief; Sissy Geddie, HR Manager, Michael Hannigan, Tourism/Social Media Manager; Randy Williams, Utilities Director; Sandy Murillo, Administrative Assistant, Jame Sealey, Police Records Clerk; Cpl. Melissa Goss, Cpl. Robert Poteet Amber Leon, Dispatcher; Lt. Billy Westover; Sgt. Dwayne Ranes, Ofc. Chase Vinson, Ofc. Shayla Mitchell, Cpl. Jacob Sumrall, Ofc. Zachary Harris, Ofc. Christopher Sherrick, Others Present: Chantelle Allen, Claire Allen, Micah Allen, Emelyn Allen, District Attorney Jenny Palmer, Investigator Buddy Hill, Sheriff Botie Hillhouse, Major David Faulk, Randy Jones, Michele Zenor, Carol Morton, Freddie Paul, Kevan Moore, Anthony Chilton, Keith English, Rodney Hatton, John Fryman, Marcus Clark, Howard and Sharon Calloway, John Trent, Rev. Bill Burton, Jeff Whitnah, Eddie Smith, DJ Warren, Deborah Deas, Cliff Bomer, Jackie and Traci Wilkes, Elvis Allen, Debra Wilson, Donna Meredith, Micah Craig, Brent Muecke, Kristin Willingham, and other interested citizens constituting a quorum at which time the following proceedings were enacted, to-wit: INVOCATION The Invocation was given by Mayor Aaron Smith. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. DECLARATION OF CONFLICT OF INTEREST No action was taken. PUBLIC COMMUNICATIONS Brent Muecke, 5880 CR 4518, LaRue, Texas, expressed concern about park safety. OATH OF OFFICE FOR CHAD ALLEN, CHIEF OF POLICE FOR THE CITY OF ATHENS, AND PINNING CEREMONY Bonnie Hambrick, City Secretary, issued the Oath of Office to Chad Allen, Chief of Police for the City of Athens. Ms. Chantelle Allen pinned the Chief of Police. PROCLAMATION – “YES, YOU CAN-CER VIVE” Mayor Smith proclaimed October 14, 2023, as “Yes, You CAN-CER VIVE DAY in Athens in honor all forms of cancer symptoms. City Council Regular Session October 9, 2023 Page 2 MAYOR, CITY COUNCIL AND/OR CITY MANAGER UPDATES INVOLVING COMMUNITY EVENTS AND ISSUES OF PUBLIC SAFETY  ANNOUNCEMENT OF COMMUNITY EVENTS Elizabeth Borstad, City Manager, announced the following events:  Tue, Oct 10, 2023 - AISD’s Dr. Sims at McDonald's, Coffee with the Superintendent, 7:30-8:30 a.m.  Wed, Oct 11, 2023 - Athens Chamber of Commerce Luncheon, noon, Disciples Crossing. The speaker is Kevin Johnson on Leadership.  Wed, Oct 11, 2023 - Region XIV Tipoff event at TVCC, 10 a.m. to 12 p.m.  Thu, Oct 12, 2023 - Every Thursday night, Smoky B Barbecue and Karaoke at The Texan  Sat, Oct 14, 2023 - St. Edwards Catholic Church Gala -- "Come to the Masquerade" benefitting the St. Edwards Catholic Education Endowment Fund.  Sat, Oct 14, 202 - St. John Lutheran Church Octoberfest  Sat, Oct 14, 2023 - Family Peace Project, Boots and Bags at El Agave  Thu, Oct 19, 2023 - Henderson County Beekeepers Association meeting -- Henderson County Beekeepers Association, 3rd Thursday of every month, 6 p.m. Q&A, 6:30 program. At Faith Fellowship Church in Athens  Sat, Oct 21, 2023 - 4th Annual Pink Fishing Reeling in the Cure Bass Tournament  Sat, Oct 21, 2023 - East Texas Arboretum 30th Anniversary Gala, Athens Country Club, 6-10 p.m.  Sat, Oct 21, 2023 - Love in Action Disc Golf Tournament Mayor Smith announced that Faith Fest is scheduled for October 29th. Councilmember Carroll recognized Mandie Quigg for her promotion to Chief Financial Officer for the City of Athens; he also recognized the great work Ms. Quigg has carried out. CONSENT AGENDA a) CONSIDER APPROVING THE MINUTES OF THE SEPTEMBER 25, 2023, REGULAR SESSION b) CONSIDER A RESOLUTION AUTHORIZING FUNDING ALLOCATIONS FOR FISCAL YEAR 2024 PUBLIC FUNDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO FUNDING AGREEMENTS c) CONSIDER A RESOLUTION AUTHORIZING FUNDING ALLOCATIONS FOR FISCAL YEAR 2024 TOURISM DEVELOPMENT GRANT FUNDING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO FUNDING AGREEMENTS A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to approve the Consent Agenda. The motion carried unanimously. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE REAPPOINTMENT OF DANNY TIDMORE TO THE ATHENS ECONOMIC DEVELOPMENT BOARD OF DIRECTORS Ms. Borstad stated that Mr. Tidmore was recommended by the Athens Economic Development Board of Directors to be reappointed on August 15th, asking the Council to affirm the appointment. A motion was made by Councilwoman Freeman, seconded by Councilmember Gross to reappoint Danny Tidmore to the Athens Economic Development Board of Directors. The motion carried unanimously. City Council Regular Session October 9, 2023 Page 3 Mayor Smith thanked Mr. Tidmore for his service and recognized the following AEDC Board Members: Cliff Bomer, Donna Meredith and Randy Jones. DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPOINTMENT OF NEW BOARD MEMBERS TO ATHENS ECONOMIC DEVELOPMENT BOARD OF DIRECTORS FILLING THE VACANCIES OF RANDY JONES, CLIFF BOMER, AND JOE MIKE MURPHY Ms. Borstad explained that during the last two (2) meetings of August 15th and September 19th the AEDC Board of Directors presented three (3) names to move forward to Council to fill the positions of Randy Jones, Cliff Bomer, and Joe Mike Murphy. She stated the names are Brady Autry, Jeff Whitnah and Elvis Allen. Ms. Borstad asked if there were any other nominations from Council, with Councilmember Carroll nominating Mark Vehslage. Councilmember Carroll provided some history of Mr. Vehslage’s experience. A motion was made by Councilwoman Freeman, seconded by Councilmember Craig to appoint Brady Autry to replace Randy Jones. The motion carried unanimously. A motion was made Councilmember Carroll, seconded by Councilmember Gross to appoint Mark Vehslage to replace Cliff Bomer. The motion carried with the following vote. Ayes: Councilmember Gross, Councilmember Carroll, and Councilwoman Freeman; Nays: Mayor Smith, Abstain: Councilmember Craig. A motion was made by Councilmember Carroll, seconded by Councilmember Gross to appoint Jeff Whitnah to replace Joe Mike Murphy. The motion carried unanimously. Mayor Smith thanked individuals who submitted applications for consideration for the Board appointment. RESOLUTIONS: a) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2023 TOURISM DEVELOPMENT GRANT AGREEMENT WITH THE ATHENS CHAMBER OF COMMERCE Ms. Borstad explained the agreement is from last year, and initially the Black-Eyed Pea Jamboree would be held at the Cain Center. The agreement had two (2) separate sections of payments. One (1) being the 10,000 allocations and one (1) for $7,000 reimbursed back to the Cain Center for facilities and staff. Ms. Borstad further stated the event was moved to the square, and the agreement was not updated, and the Chamber is asking for the amendment to honor the $7,000. Kristin Willingham, Executive Director, Athens Chamber of Commerce, explained that it was an oversight that the agreement was not amended to accommodate the change of the venue from the Cain Center to the square. A motion was made by Carroll, seconded by Councilmember Gross to approve a Resolution authorizing an amendment to the Fiscal Year 2023 Tourism Development Grant Agreement with the Athens Chamber of Commerce in the amount of $7,000 as listed in the previous agreement to pay for advertising. The motion carried unanimously. City Council Regular Session October 9, 2023 Page 4 b) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH RECRUIT I AND RECRUIT II POSITIONS IN THE ATHENS POLICE DEPARTMENT Ms. Borstad explained the Recruit I and Recruit II positions. She stated Recruit I position successfully completes the academy, and Recruit II position successfully completes probationary period, they are promoted to the rank of Officer in the Athens Police Department and gain Civil Service status. A motion was made by Councilmember Craig and seconded by Councilwoman Freeman to approve a Resolution authorizing the City Manager to establish Recruit I and Recruit II positions in the Athens Police Department. The motion carried unanimously. c) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO UTILIZE THE LAW ENFORCEMENT TRAINING REIMBURSEMENT AGREEMENT Ms. Borstad explained the program began in 2020. She explained the prior agreement required repayment of a portion of the trainees’ salary if they did not work for the City of Athens Police Department for a period of four (4) years; Ms. Borstad provided some statistical information regarding officers who were in the program. Councilmember Gross asked about the training cost; Assistant Chief Rodney Williams stating the cost is approximately $1600. Discussion occurred regarding the trainee only being responsible for the repayment of the cost associated with the training and the term be reduced from four (4) years to three (3) years. A motion was made by Councilmember Gross, seconded by Councilmember Craig to cut the training reimbursement to 50% of total training cost and leave the agreement at three (3) years. The motion carried unanimously. d) DISCUSS, CONSIDER, AND TAKE ACTION, AS NECESSARY, CONCERNING THE APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO TERMINATE THE EXISTING AGREEMENT WITH SILSBEE FORD INC. FOR THE PURCHASE OF TWO (2) POLICE PATROL VEHICLES Ms. Borstad explained the item is an outstanding purchase agreement for the vehicles budgeted last year. She explained staff has been in contact with Silsbee Ford and they are unable to provide the vehicles at this time. Councilmember Gross expressed concern that the delay could be across the industry and asked staff to contact Silsbee Ford to obtain an exact delivery date. A motion was made by Councilmember Gross, seconded by Councilwoman Freeman to table the Resolution authorizing the City Manager to terminate the existing agreement with Silsbee Ford Inc. for the purchase of two (2) Police Patrol vehicles. The motion to table carried unanimously. MAYOR AND CITY COUNCIL’S REQUEST FOR FUTURE AGENDA ITEMS City Council Regular Session October 9, 2023 Page 5 Councilmember Carroll requested an item to discuss the Wastewater treatment plant and Finance options at a Regular Session or Work Session. Mayor Smith stated on the Consent Agenda that there were awards for Tourism Development Grants and Public Funding; he thanked the Organizations for what they do for Athens. ADJOURN The meeting was adjourned at 6:14 p.m. PASSED AND APPROVED THIS THE 23rd DAY OF OCTOBER 2023. ___________________________ Aaron Smith, Mayor ATTEST: ______________________________ Bonnie Hambrick, City Secretary