City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX December 04, 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, Beth Watson, Jerrel Tomlin, and Doyle Light. A quorum of City Councilmembers was present. Staff members present were Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, and City Attorney Andy Messer. City Manager Lance Howerton and City Clerk Peggy Clifton were absent. Mayor Perricone called the meeting to order. Brandon Jordan of Pulse Ministries of Mineral Wells led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. PRESENTATION Police Chief Dean Sullivan stated that Juan Saucedo is the first graduate from the Mineral Wells Police Officer Recruit Program. There was a ceremonial Oath of Office and badge pinning. CITIZEN COMMENT Three citizens had signed to speak and Mayor Perricone recognized each in turn. Terry Lann Murphy of 1100 Cactus Drive was not required to state his address for the Council to know if he was a Mineral Wells resident. He spoke regarding Council minutes, Marilyn Hanks, email response, and the City's law firm. Leah Burns of 311 NW 4th Avenue spoke regarding the Council's representation of citizens and the newspaper. Rhonda Wilkinson of 1201 SE 4th Avenue spoke regarding Marilyn Hanks and SGR's City Manager search. Mayor Perricone moved and Mr. Shoemaker seconded to move Items 1 and 2 from the Consent Agenda to Individual Consideration and to approve Item 3. Consider and take action to approve appointments/reappointments to the Palo Pinto County Municipal Water District No. 1 Board of Directors. Motion carried 7-0. ll Page ITEMS FOR INDIVIDUAL CONSIDERATION 1. Mayor Perricone stated that he had filled out a form and was speaking as a citizen and would like the minutes of meeting held November 20, 2018 to reflect that. Ms. Johnson moved and Mrs. Underwood seconded to approve the minutes of meeting held November 20, 2018 with the amendment. Motion carried 6-0-1 with Mrs. Watson abstaining. 2. Mayor Perricone stated that if the City was paying to be a member of the COG, he would like to be placed as a member. Council's reaction was that they did not have the power to do that. Mrs. Watson moved and Ms. Johnson seconded to approve the budgeted expenditures over $500. Motion carried 6-0-1 with Mayor Perricone abstaining. 4. Mayor Perricone opened a Public Hearing at 6:24 to consider and take action on a replat of 1.68 acres, being Lots 1, 2, 3, 4, 5 of Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas, to Lots lR, 2R, and 3R, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Mr. Moran stated that at its meeting on December 3, the Planning and Zoning Commission approved this replat after the Board of Adjustment approved the change in lot size. Mayor Perricone closed the Public Hearing at 6: 25. Mrs. Underwood moved and Mr. Light seconded to approve the replat of 1. 68 acres, being Lots 1, 2, 3, 4, 5 of Block 2 0 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas, to Lots lR, 2R, and 3R, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Motion carried 7-0. 5. Mayor Perricone opened a Public Hearing at 6:26 to consider and take action regarding an ordinance amending the City of Mineral Wells Zoning Ordinance to adopt regulations relating to the sale of all alcoholic beverages, including mixed beverages, within the City in various zoning districts, providing Use Regulations, and providing other appropriate regulations for the orderly regulation of land within the City of Mineral Wells. Mr. Moran stated that at its meeting on December 3, the Planning and Zoning Commission tabled this i tern until their January meeting and asked that the Council table it until its January 15 meeting. Mr. Light moved Mr. Shoemaker moved to continue the item and table it until the Council meeting on January 15, 2018. Motion carried 7-0. 21 Page 6. Mr. Neal asked Council to award the bid to Z. T. Jackson Construction, Inc. of Breckenridge, Texas in the amount of $27 9, 4 91. 38 for Water System Improvements. Mr. Moran stated that construction costs have gone up since this had first originated and it would cost about $35,500 more. Mr. Light moved and Ms. Johnson seconded to award the base bid to Z.T. Jackson Construction, Inc. and add the alternative bid for a total award of $294,031.78 for the 2017 TxCDBG Program No.7217319 for Water System Improvements. Motion carried 7-0. 7. Mr. Moran stated that our Building/Inspection department is currently in need of augmentation due to the increasing amount of building projects and the realization of future major projects, such as the Crazy Water and Baker Hotel renovations. Currently, we have one in-house licensed plumbing inspector. Bureau Veritas will offer us redundancy in that if our licensed Plumbing Inspector is unavailable for any reason, they will be able to provide us a licensed back-up inspector at a moment's notice. Also, by contracting with Bureau Veritas we avoid the significant expense of hiring and training another full-time team member in our Building Inspection Department, and consequently we only are responsible for compensating the firm on an "as needed basis". Bureau Veritas has likewise committed that they will coordinate with our Inspections Department to bring forward any "best practices" to streamline our permitting system, to include permit application, tracking and record keeping, as applicable. They have also committed to working with our local builders, real tors and other stakeholders to assuage any concerns that they may have regarding their (Bureau Veritas) services or the overall process. Mrs. Underwood moved and Mr. Light seconded to authorize the City Manager to execute a Professional Services Agreement with Bureau Veritas for Plan Review and Building Inspection Services. Motion carried 7-0. 8. City Attorney Andy Messer stated there were issues regarding an agreement with CGI Communications, Inc. for video recording services. Council voiced concerns that this was signed without being brought before Council for discussion and approval, that while there was no monetary cost to the City this company would be given permission to solicit funds on behalf of the City and the authorization of this to be placed on the City's website. After much discussion, Mayor Perricone moved to accept this agreement as is. Motion failed for lack of a second. No action taken. 3I Page 9. Mr. Moran stated that the RFQ for Environmental Consultants was previously due no later than November 21, 2018. There were no solicitations received at that time; therefore, another procurement/solicitation is necessary. Mrs. Watson moved and Mr. Shoemaker seconded to authorize another procurement of an Environmental Consultant to develop the application and submission of a Texas Community Development Block Grant for a Texas Capital Fund Application. Motion carried 7-0. 10. Mr. Moran stated a Request for Proposal (RFP) for the submission of applications for future Texas Capital Fund Projects was developed in order to send to pre-qualified and pre-selected Administration Services Entities. This pre- qualification was previously conducted by the state and the RFP must be sent to these individuals or firms. The RFP was sent by the City to five (5) eligible grant administration firms. One response was received from the Mineral Wells Industrial Foundation. The amount bid for each of the two ( 2) separate projects was $50,000 (each) for complete grant administration. He stated that he did check with the Texas Department of Agriculture and the Mineral Wells Industrial Foundation is currently certified to complete the grant application. Mrs. Watson moved and Ms. Johnson seconded to approve a resolution affirming the authorization and approval of the Council for the Mayor to execute a contract with the Mineral Wells Industrial Foundation for the Professional Administration of a potential application through the Texas Department of Agriculture for the Texas Capital Fund. Motion carried 6-1 with Mayor Perricone voting against. 11. Mr. Moran stated that a Request for Proposal (RFP) for the submission of an application for a Texas Capital Fund Projects was sent by the City to three (3) eligible appraisal firms. One response to the RFP was received from Lowery Property Advisors. The amount bid for each of the two (2) separate projects was $8, 500 (respectively) for complete property appraisal. This amount was negotiated to $5,000 each project. Based upon the review of the submitted documentation, the Selection Review Committee recommends awarding the RFP to Lowery Property Advisors and contracting with them for necessary appraisal services for the submission of two Texas Capital Fund Applications. Mr. Shoemaker moved and Mrs. Watson seconded to authorize the selection of Lowery Property Advisors as an appraiser and authorize the Mayor to execute associated contractual documents relative to the application and submission of a Texas Capital Fund Application. Motion carried 7-0. 41 Page 12. Mr. Moran stated that a a Request for Proposal (RFP) for the submission of an application for a Texas Capital Fund Projects was subsequently sent by the City to four (4) eligible surveyor firms. One response to the RFP was received from Price Surveying. The amount bid for each of the two ( 2) separate projects was $1,500 (respectively) for complete property survey. Mrs. Watson moved and Ms. Johnson seconded to authorize the selection of Price Surveying as a surveyor and authorize the Mayor to execute associated contractual documents relative to the application and submission of a Texas Capital Fund Application. Motion carried 7-0. 13. Mr. Moran stated that the Selection Review Committee reviewed and evaluated the Engineering Services submissions from Enprotec/Hibbs & Todd, Jacob & Martin, Kimley/Horn, and Schrickel, Rollins, and Associates. As a result of the Selection Committee's review of all submissions, they would recommend Schrickel Rollins as the Engineering Services Provider for the 2019 - 2020 Texas Community Block Grant Community Development Fund Project. Ms. Johnson moved and Mr. Shoemaker seconded to approve the Resolution authorizing the award of Professional Service Provider Contracts for the 2019-2020 Texas Community Block Grant Community Development Fund Project to Schrickel Rollins. Motion carried 7-0. 14. Mr. Moran stated that in order for the City of Mineral Wells to receive Community Development Block Grant (CDBG) funds, the City must agree to comply with all relevant federal rules and regulations, including those rules and regulations governing citizen participation and civil rights protection. In accordance with federal law, if there is a significant number of the population who are non-English speaking residents and are affected by the TxCDBG project, such citizens should have 'meaningful access' to all aspects of the TxCDBG project. To provide 'meaningful access', Grant Recipients may need to provide interpreter services at public hearings or provide non- English written materials that are routinely provided in English . An updated plan was placed on the dais that differs from the one in the Council packet. Mrs. Watson moved and Mr. Tomlin seconded to adopt a Citizen Participation Plan that ensures all citizens should have meaningful access to all aspects of a Texas Community Development Block Grant project. Motion carried 7-0. SI Page 15. Mr. Sullivan stated that the North Central Texas COG (NCTCOG) currently administers 9-1-1 services on your behalf under the direction of the Texas Commission on State Emergency Communications. To pay for the provision of these 9-1-1 services, state law provides for a $. 50 fee to be collected each month on individual and business telephone bills. These fees are collected by the State Comptroller's office and the State Legislature determines how much of the funds from these fees are returned to our region. At this time, the state is holding a large amount of the funds generated by these fees. In the 84th Session of the Legislature, a law was passed (SB 1108) allowing councils of governments to form 9-1-1 Districts whereby all fees collected from citizens and businesses within these districts are remitted directly to the districts to be used solely for the provision of 9-1-1 services. It also called for these districts to be governed by local elected officials from member counties and cities. On June 7, 2016, the City Council of the City of Mineral Wells passed a resolution supporting the formation of the 9-1-1 District within the NCTCOG region. This district was created on December 3, 2018. State law stipulates that an initial board meeting be held to determine the size and qualifications of a permanent board and to conduct other necessary business. The initial board will be comprised of elected officials appointed by their governing bodies through an official resolution. The City of Mineral Wells is an eligible jurisdiction, and as such, is entitled to appoint a representative to the initial board, but is not required to do so. Mr. Light moved and Mr. Shoemaker seconded to appoint Mayor Perricone to the North Central Texas Emergency Communications Services District Initial Board of Directors. Motion carried 6-0-1 with Mayor Perricone abstaining. 16. Mayor Perricone asked that Executive Sessions be recorded. After much discussion, Mayor Perricone moved and Mr. Shoemaker seconded to accept Option #2 to have either a certified agenda or tape recording of Executive Sessions. Motion carried 4-0-3 with Mayor Pro-tern Underwood and Councilmembers Johnson and Watson abstaining. 17. Mayor Perricone spoke regarding an official complaint that was filed against him. He asked if anyone knew about this before it was filed. Mrs. Underwood stated that she was asked by a citizen what the procedure was to file the complaint. She consulted with City Attorney Andy Messer for the procedure and told the GI Page  citizen to file it in writing with the City Clerk. Mr. Messer stated that it is not in his scope of duties to instruct anyone to file a complaint and would never do that. He stated that it was his job to provide the procedure for doing so. Mrs. Watson stated that the discussion should end since she didn't hear anyone from Council seeking into the facts of the complaint. No action taken. 18. Mayor Perricone announced that In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session at 8:13 p.m. to discuss the following: a) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager. b) §551. 071 (1), (2): To consult with attorney regarding pending litigation or 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 Texas clearly conflicts with ch. 551 of the Texas Government Code: (i) City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court, and (ii) Strategic Government Resources Contract for Interim City Manager Services and Executive Search and (iii) Citizen Complaint against Mayor Christopher Perricone. 19. Mayor Perricone announced that In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session at 8:57 p.m. No action taken on Item a) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager. No action taken on Item b) §551.071 To consult with attorney regarding pending litigation or 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 Texas clearly conflicts with ch. 551 of the Texas Government Code: (i) City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court. Other items will be discussed individually. 71 Page 20. The executive search for City Manager conducted by Strategic Government Resources is in effect but an Interim City Manager will be selected while the search continues. No action taken. 21. Mayor Perricone wanted to discuss economic development tools and incentives. He will wait to discuss this with David Hawes. No action taken. 22. Mayor Perricone wanted to discuss ad valorem tax abatement incentives agreement with American Precision Ammunition, LLC. Matt Campbell spoke and much discussion was held and the item is to be put on the next agenda. No action taken. 23. Staff was directed to put an item on the next agenda to discuss incentives for American Precision Ammunition, LLC. 23. There was no further business and the meeting adjourned at 9:40 p.m. ATTEST: C~e~.~' Mayor ~~ Peg~fton, ~ ~- City Clerk APPROVED: L~/Jct!rJ. o/? ~ I Bl Page