City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX July 17, 2018 - 6:00 pm Audio recordings of the City Council meetings are available on the City's website at mineralwellstx.gov City Councilmembers present were Mayor Christopher M. Perricone, Mayor Pro-Tern Tammy Underwood, Councilmembers Brian Shoemaker, Regan Johnson, Jerrel Tomlin, Beth Watson and Doyle Light. A quorum of City Councilmembers was present. Staff members present were City Manager Lance Howerton, Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, City Clerk Peggy Clifton, and City Attorney Courtney Kuykendall. Mayor Perricone called the meeting to order. Pastor Kirk Horton of the Well of Life Church of Mineral Wells led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN CO:MMENT Three people had signed to speak and Mayor Perricone recognized each in turn. Randy Barnett spoke regarding Council. Jake Smith spoke and had many questions concerning Precision Ammunition Certificates of Occupancy, the Industrial Foundation, citizens bashing of Councilmembers and closed meetings. Paul Schmidtke spoke on roles of government, poverty, and the direction of the city. Mayor Perricone asked that Item's #1,2 and 4 be moved for discussion. Following a motion made by Mayor Perricone, seconded by Mr. Shoemaker, the following CONSENT AGENDA was approved by a vote of 7- 0: 3. Consider approval of Bond Report for the month of June 2018. 5. Consider approval of payment to Schrickel, Rollins & Associates in the amount of $15,500.00 for Professional Engineering Services received in association with the 2018 Streets and Utilities Capital Projects. 6. Consider approval of contract for Assessment and Collection Services (property taxes) with the Palo Pinto County Tax Assessor-Collector. ll Page 7. Order of Special Election to be held November 6, 2018. 8. Consider resolution approving execution of Election Agreement and Contract for Election Services between the City of Mineral Wells and both Parker County and Palo Pinto County to provide election services for City of Mineral Wells Special Election to be held on November 6, 2018 and authorize the Mayor to execute such contracts. ITEMS FOR INDIVIDUAL CONSIDERATION 1 . Mayor Perricone and Mr. Shoemaker spoke about the minutes not reflecting where Caleb Shipman had spoken at the last meeting. Mrs. Clifton stated that she based her minutes to reflect action taken on items and there was no action taken on that item. After much discussion, Mayor Perricone made a motion to add at least a paragraph of what was said between Caleb Shipman and Steve Butcher. Motion failed for lack of a second . Ms. Johnson moved and Mrs. Watson seconded to approve the minutes of the last meeting. Motion carried 6-1 with Mayor Perricone voting against. 2 . Mayor Perricone questioned the charges for the Voice Over IP telephone system . Mr. Moran pointed out that it was for the General Fund, Water Fund and Airport Fund and that the dollar amount is the same that we are currently paying. Mayor Perricone asked why we were changing if it was the same price. Mr. Moran stated that we would get better service. Mayor Perricone spoke about the budget being different from the actual expenditures for phone service. Mr. Moran stated that he would look at the budget to show that our phone service was not that far out of budget. Mr. Shoemaker moved and Ms. Johnson seconded to approve the budgeted expenditures over $500. Motion carried 7-0. 4. Mayor Perricone questioned the changes made about Investment meetings being moved from quarterly to periodically. Mr. Moran spoke on all of the changes being made and that the meetings were being changed to quarterly to facilitate the Investment Advisor's attendance. Mrs. Watson moved and Mrs. Underwood seconded to approve the resolution adopting and updating the City's Investment Policy. Motion carried 6-1 with Mayor Perricone voting against. 9. EXECUTIVE SESSION: Mayor Perricone made a motion to table the Executive Session until the next meeting. Motion failed for lack of a second. Mayor Perricone announced that City Council would recess into Executive Session on this 17th day of July, 2018 at 6:45 p.m. to discuss the following: 21 Page In accordance with Te x as Government Code, Section 551.001, et seq., the City Council will recess into Ex ecutive Session (closed meeting) to discuss the following: § 551.071(2): Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Te x as clearly conflicts with this chapter re: a. Roles of the Mayor and Council Members b. The Industrial Foundation and Precision Ammunition 10. The City Council reconvened into Open Session at 9:00 p.m. to consider possible discussion or action on Executive Session items. Mrs. Watson moved and Mr. Light seconded that the City of Mineral Wells terminate the Tax Abatement Agreement with Precision Ammunition and authorize the City Manager to sign all relevant documents. Motion carried 6-0-1 with Mayor Perricone abstaining. Mr. Shoemaker moved and Mrs. Underwood seconded to take no action on Item a. Roles of the Mayor and Concilmembers. Motion carried 7-0. Ms. Johnson moved and Mrs. Watson seconded to not pursue investigation related to the Industrial Foundation and Precision Ammunition. Motion carried 6-1 with Mayor Perricone voting against. Item #2 continued: Mr. Moran stated that the City Attorney said we could go back to Item #2 and gave the numbers the Mayor had asked for. The amount for the General Fund in the budget for telephone service is $65,250 through the end of May, which is 66% of the budget year. The amount expended is $36,883. The Water Fund budget was $12,900, the amount expended is $6,331. The Airport Fund budget was $1,400, the amount expended is $1,298. The total budgeted was $74,500, the amount expended is $44,512. 11. Mrs. Watson stated that the Council is responsible for adopting rules for conducting meetings and presented rules for the City Council's consideration. Mayor Perricone spoke against the citizens not being given the opportunity to speak on any item at any time. Mayor Perricone moved that they maintain doing what he has been doing the last two meetings. Motion failed for lack of a second. Much discussion was held where many Councilmembers offered possibly amending the rules that were presented. Mrs. Watson moved to adopt the Order of Rules and decorum as presented. Motion failed for lack of a second. Mr. Light stated that he was agreeable to changing the rules and asked Mrs. Watson 3I Page  if she would consider withdrawing her motion, to which she did. Mr. Light moved and Mr. Shoemaker seconded to accept the Rules of Order with a change to reflect that citizens be allowed to speak on any item during the citizen comment portion of the meeting. Motion carried 6-1 with Mayor Perricone voting against. The amended rules are attached to these minutes. The speaker card has since been replaced with a speaker form, also attached, to allow for added language. 12. Mayor Perricone opened a Public Hearing at 9:51 to consider (A) a Specific Use Permit in order to place a cargo container at 2020 South Oak Ave., Mineral Wells, Palo Pinto County, Texas, (B) a Variance from Appendix B-Zoning Ordinance, Article 3.-Permitted Uses, Section 3-2 Special conditions for listed uses, 34. Cargo Container Regulations, in order to place an additional cargo container at the same location, and (C) a Variance from Appendix B-Zoning Ordinance, Article 3.- Permitted Uses, Section 3-2 Special conditions for listed uses, 34. Cargo Container Regulations in order to place 53 foot long containers at the same location. Mr. Howerton stated that at its meeting on July 2, the Planning & Zoning Commission approved the Specific Use Permit, the variance of having two containers and increasing the size of those containers from 40 feet in length to 53 feet assuming them to be placed flush with the front of the main building and that there be a 5 foot space in between the two containers with a surface to be placed at the front of the containers. Mr. Light and Mr. Shoemaker addressed applicant Russell Hess to confirm that this particular zoning case was not allowing for a storage container store and that after the two containers were placed, the rest would be gone. Mrs. Underwood confirmed that the trailer that is there would be gone. Mayor Perricone closed the Public Hearing at 9:56. Mr. Light moved and Mr. Tomlin seconded to approve the request. Motion carried 7-0. 13. Mayor Perricone opened a Public Hearing at 9:57 to consider a Replat of a 2.462 acre section, being lots 6 thru 15 of Block 14, and Lots 12-20 & Market Square of Block 13, out of Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas to Lots 1-7, Market Square, Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Mr. Howerton stated that at its meeting on July 2, the Planning & Zoning Commission approved the request for the replat. Mayor Perricone closed the Public Hearing at 9:58. Mr. Shoemaker moved and Mr. Light seconded to approve the request Motion carried 7-0. 14. Mr. Howerton stated there were safety concerns with the bridge on Rock Creek at Knight Road in the Wolters Industrial Park. The City had TxDOT assess the situation and it was determined that 41 Page  the bridge was in need of serious rehabilitation or replacement. The Federal Highway Agency funds a program called the Federal Off System Bridge Program. The City negotiated with TxDOT to participate in this program. The Advance Funding Agreement will allow TxDOT to go forward with replacing this structure. This is a $1,631,908.40 project of which the City's responsibility would be $6,038.06. Mr. Shoemaker moved and Mr. Light seconded to approve a resolute authorizing execution of Advance Funding Agreement for TxDOT Project CSJ:0902-38-129 Off System Bridge Replacement at Knight Road and Rock Creek. Motion carried 7-0. 15. Mrs. Clifton stated that she had sent Council an Economic Development Task Force Score Sheet. All but one of the Score Sheets were received and the total was presented to Council. Mayor Perricone stated that criteria was not listed before the applications were sent out and they were not able to tailor their applications to include that criteria. Mr. Shoemaker moved and Mr. Light seconded to approve the top nine candidates on the Score Sheet. Motion carried 6-1 with Mayor Perricone voting against. Mrs. Clifton then read the names of the persons selected and they are as follows: Harris W. Brooks Bryan Horton Ryan Roach Randy Nix Roger J. Smith Dacey R. Malone Raymond Greenwood Beth Watson Mitch Bradshaw 16. Mayor Perricone asked that the smoking ordinance be put on the next agenda to be discussed. 15. There was no further business and the meeting adjourned at 10:06 p.m. Christopher M. Perricone, Mayor ATTEST: APPROVED: SI Page  RULES OF ORDER FOR CITY COUNCIL MEETINGS These rules of order are meant to promote an atmosphere of courtesy and decorum appropriate for the efficient discussion of business. It is the responsibility of the Mayor (and the members of the City Council) to maintain that atmosphere of courtesy and decorum. The Mayor should always ensure that debate and discussion focus on the item and the policy in question, not on the personalities of the participants of the discussion. Debate on policy is healthy; debate on personalities is not. In order to assist in the creation and maintenance of that atmosphere the following rules shall govern all meetings: 1. Request to Speak. Audience members who wish to speak during the Citizen Comment section must first complete a Speaker Card and submit it to the City Clerk before the meeting. Before an audience member may speak, they must first be recognized by the Mayor or Councilmember acting on the Mayor's behalf. Upon recognition, the person requesting to speak shall hold the floor and shall make their point clearly and succinctly. All speakers shall be limited to 3 minutes. Persons making irrelevant, personal, impertinent, overly redundant or slanderous remarks may be barred by the Mayor from further comment before the Council during the meeting. The Mayor has the right to cut a speaker off if the discussion becomes too personal, too loud, too crude, irrelevant, impertinent, redundant, or slanderous. 2. Public Hearings. During Public Hearings, the applicant will be asked to speak first for the amount of time needed to describe the topic. Persons desiring to speak in favor or opposition to an item in a Public Hearing will be given 3 minutes to make their statements. To the extent possible, speakers shall refrain from repeating testimony which has already been given. Speakers are to address their comments to the Mayor and Council. 3. Order. If a person fails to request to speak before speaking, the Mayor shall rule them "out of order" and remind them that they do not have the floor. While the Council is in session, all Councilmembers must preserve order and decorum. A person shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any other person while speaking or refuse to obey the orders of the Mayor. 4. Decorum. Citizens and other visitors in attendance shall assist in preserving the order and decorum of this meeting. Improper references are prohibited. Every person desiring to speak shall address the entire Council and shall not single out a member of the Council, the audience or a staff member . Speakers shall confine themselves to the question under debate, avoiding all personal attacks and indecorous language. Any person making personal, profane, slanderous, or threatening remarks or who becomes disruptive while addressing the Mayor and the City Council, or while attending the City Council meeting, may be removed from the Council Chambers. When a speaker's name is called, they shall come to the podium and state their name and address for the record. 5. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless it is to call him or her to order, or other such interruption expressed below. If the Councilmember, while speaking, is called to order, he or she shall cease speaking until the question of order is determined, and if the Councilmember is found to be in order, he or she shall be permitted to proceed speaking. Allowable interruptions, or points of order, are as follows: a. Point of Privilege. The proper interruption would be: "Point of Privilege." The Mayor would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room might be too hot or cold, or a fan motor might interfere with a council member's ability to hear. b. Point of Order. The proper interruption would be: "Point of Order." The Mayor would then ask the interrupter to, "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the Mayor called for a vote on a motion that permits debate without allowing any discussion. c. Motion to Appeal. If the Mayor makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the Mayor by stating, "motion to appeal." If the motion is seconded and after debate if it passes by a simple majority vote, the ruling of the Mayor is reversed. d. Call for orders of the day. If a Councilmember believes the discussion has strayed from the agenda, this is simply another way of saying, "let's return to the agenda." The motion does not require a vote. If the Mayor discovers that the discussion has strayed from the agenda, he or she simply returns to the business of the day. e. Withdraw a Motion. During the debate and discussion of a motion, the original maker of the motion on the floor, at any time, may interrupt the speaker to withdraw his or her motion. The motion is immediately deemed withdrawn and discussion on the motion shall cease. Councilmembers are free to make the same motion or another motion. Enforcement of Rules and Procedures. The following provisions may be used to enforce the good order and decorum of the meeting. The action may be taken by the Mayor under his or her own action, or upon a motion to enforce by any Councilmember. 1. Warning. The Mayor may order any person (Councilmember, staff member or audience member) in violation of these rules to be silent. 2. Removal. If, after receiving a warning from the Mayor, the person continues to disturb the meeting or breech the peace and good order of the meeting, the Mayor may order the person to leave the meeting. If the person does not leave the room, the Mayor may order the sergeant-at-arms to remove the person. 3. Sergeant-at-Arms. The sergeant-at-arms shall be the highest ranking police officer in attendance at the Council meeting, or such other officer designated for that purpose. Upon instruction of the Mayor, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who intentionally disturbs the proceedings of the City Council. A violation of these rules may be deemed an attempt to disrupt, obstruct, and/or interfere with a lawful meeting and subject the violator to prosecution under state law for disrupting a lawful meeting. (Section 42.05, Texas Penal Code) 4. Resisting Removal. Any person who resists removal by the sergeant-at-arms may be charged with violating Section 42.05 of the Texas Penal Code. 5. Motion to Enforce. Any Councilmember may move to require the Mayor to enforce these rules and the affirmative vote of a simple majority of the Council shall require the Mayor to do so. A motion to enforce is an allowable interruption and is not debatable.  MINERAL WELLS CITY COUNCIL SPEAKER FORM The agenda for each regularly scheduled meeting of the Council will include an item designated "Citizen Comment". This portion of the agenda is reserved to provide citizens an opportunity to address the City Council on issues affecting the City and is not intended to provide a forum for commercial, political or personal topics . Citizen's comments which are insulting, defamatory, reflect a personal vendetta, imply malicious intent or otherwise undermine the intent of citizen comments to address City issues are not appropriate and will not be allowed. Each individual requesting to speak must complete, sign, and submit to the City Clerk a Speaker Form identifying the topic of his or her comments and verifying he or she has read the instructions regarding Citizen Comment. The topic should be worded so an ordinary individual will understand what the topic is about. A total time limit of three (3) minutes during the Citizen Comment portion of the agenda will apply to each speaker during a meeting regardless of the number of topics on which the individual requests to speak. If a speaker desires to distribute copies of documents to the City Council, he or she must submit such copies to the City Clerk before the meeting at which the individual wishes to speak. The Texas Open Meetings Act provides the following: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Date: Name: (Please Print Legibly) Street Address: City, State, & Zip: Topic: I have read this form and agree to abide by same. Signature _ _ _ _ _ _ _ _ _ _ _ _ __