City Council Meetings
Regular MeetingMineral Wells, TX · December 18, 2018
Minutes
MINUTES
REGULAR MEETING
MINERAL WELLS CITY COUNCIL
CITY HALL ANNEX
December 18, 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 City Manager Lance Howerton, Finance
Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike
Pool, Public Works Director Bob Neal, and City Attorney Andy
Messer. City Clerk Peggy Clifton was absent.
Mayor Perricone called the meeting to order. The Pledges of
Allegiance to the U.S. and Texas flags were recited and Pastor
Randy Anderson of the Church of the Nazarene of Mineral Wells led
the invocation.
CITIZEN COMMENT
Mayor Perricone recognized Robert Avants of 201 NE 27th who was not
required to state his address for the Council to know if he was a
Mineral Wells resident. He spoke regarding Council's integrity and
compromise.
Mr. Light moved and Mrs. Underwood seconded to move Item 2 from
Consent Agenda to Individual Consideration and the following
CONSENT AGENDA was approved by a vote of 7-0:
1. Consider and take action on approval of minutes of meetings
held December 4, 2018 and December 5, 2018.
3. Consider and take action on approval of Bond Report for the
month ended November 2018.
4. Consider and take action on approval of Financial Report for
the month ended September 2018.
5. Consider and take action regarding a resolution approving
Amendment No. 1 to the Lease Agreement between the City of Mineral
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Wells, Texas and Cebridge Acquisition, LP dba Suddenlink
Communications.
ITEMS FOR INDIVIDUAL CONSIDERATION
2. Mr. Light questioned the Mayor's idea of aggregating the
chemical purchases for the Water Department because it would
violate the City's Purchasing Policy. Mr. Howerton stated that
. staff would bring clarification to the next meeting as to
whether or not we would need to go out for bid on some of the
chemical purchases. Mr. Howerton suggested Council approve a
pro-rata amount. Mr. Light moved and Mrs. Watson seconded to
approve a monthly pro-rata on the items on the Over 500 that
are aggregated for a full year and approve the remaining items
on the Over 500. Motion carried 7-0.
6. Mrs. Watson moved and Mr. Tomlin seconded to table "Consider
and take action concerning disputed water bill of Dennis Carter
at 416 SE 8th Street" to the next meeting due to the absence of
Dennis Carter. Motion carried 7-0.
7. Mr. Howerton stated that the owner of the building that is being
leased to American Medical Response (AMR) had received an offer
to purchase the building. The City was given 15 days to either
accept or decline the Right of First Refusal. AMR chose to
decline the Right of First Refusal. Staff also recommends the
denial of the Right of First Refusal. Mr. Thom stated that AMR
was not a real estate holding firm, they did not want to buy
the property. Mrs. Underwood moved and Mr. Light seconded to
authorize the City Manager to execute the Right of First Refusal
document for the AMR facility. Motion carried 7-0.
8. Mr. Pool stated that the City of Mineral Wells participates
with Palo Pinto County on a Hazard Mitigation Plan that is
prepared by the North Central Texas Council of Governments
(NCTCOG). The plan is required to be updated every five years.
The current plan was adopted July 21, 2015. NCTCOG is a regional
planning commission and political subdivision of the State of
Texas operating under Chapter 391, Texas Local Government Code
and will prepare the updated plan using information supplied by
City staff. Mineral Wells portion of the cost to update the
plan is $3576.92 or %25, this may be paid in the form of in
kind or monetary. Mr. Shoemaker moved and Mr. Light seconded to
adopt a resolution to enter into an Interlocal Agreement with
the NCTCOG for the purpose of updating the Hazard Mitigation
Action Plan of Palo Pinto for the City of Mineral Wells. Motion
carried 7-0.
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9. Mayor Perricone stated that he would also like to attend a
Chamber of Commerce Delegation Trip to Austin along with other
Councilmembers. Mr. Shoemaker stated that he had already paid
for himself. Mrs. Watson moved and Mr. Light seconded to approve
the expenditure allowing Councilmembers Johnson, Light,
Shoemaker, Tomlin, and Underwood; and Mayor Perricone to attend
a Chamber of Commerce Delegation Trip to Austin. Motion carried
7-0.
10. Mayor Perricone stated that he liked the idea of having the
January Council meeting on the third Tuesday because of the
holiday. Mr. Shoemaker moved and Mrs. Underwood seconded to
move the next Council meeting to the third Tuesday in January,
2019. Motion carried 7-0.
11. Mr. Moran stated that three bids were received for asbestos
abatement in the City Hall Annex. Mrs. Watson moved and Mr.
Tomlin seconded awarding a bid to Classic Environmental
Services for asbestos abatement at the City Hall Annex in the
amount of $18, 485 and authorize staff to solicit bids for
flooring. Motion carried 7-0.
12. Mayor Perricone announced that in accordance with Texas
Government Code, Section 551.001, et seq., the City Council
will recess into Executive Session at 6:38 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
or anticipated 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 regarding: (i) City of Mineral Wells v. Hanks, Cause No.
C48039, 29th Judicial District Court and (ii) tax abatement and
other incentives and American Precision Ammunition.
13. 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 8:08 p.m. No action taken.
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14. Staff was directed to put Item 6 (Consider and take action
concerning disputed water bill of Dennis Carter at 416 SE 8th
Street) and Item 2 (Over 500) adjustments on the next agenda.
23. There was no further business and the meeting adjourned at
8:12 p.m.
ATTEST:
liY&f~ler:
APPROVED:
41 P age
Agenda
City of Mineral Wells
P 0 Box 460, Mineral Wells, Texas 76068
Telephone: 940.328.7700 Fax: 940.328.7704
NOTICE OF MEETING
The Mineral Wells City Council will hold a regular meeting at 6:00 p.m. on Tuesday, December 18,
2018 in the City Council Chambers at the City Hall Annex, 115 S.W. pt Street, Mineral Wells,
Texas to consider the following agenda:
Call to Order
Invocation - Randy Anderson of the Church of the Nazarene
Pledges of Allegiance to U.S. and Texas Flags
CITIZEN COMMENT
Citizens must provide i11formatio11 required 011 Speaker Form. The Speaker Form must be given to the City Clerk
before the meeting starts. The Council requests that co111me11ts be limited to three (3) minutes. The Texas Open
Meetings Act provides the fol/owi11g:
(a) If, at a meeting of a govemmental body, a member of the public or of the govemmental body inquires
about a subject for which notice has not been given as required by this subclzapter, 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 011 the agenda for a subsequent meeting.
CONSENT AGENDA
(4 ) 1. Consider and take action on approval of minutes of meetings held December 4, 2018 and
December 5, 2018.
( 14 ) 2. Consider and take action on approval of budgeted expenditures over $500.
( 15) 3. Consider and take action on approval of Bond Report for the month ended November 2018.
( 20 ) 4. Consider and take action on approval of Financial Report for the month ended September
2018.
( 21 ) 5. Consider and take action regarding a resolution approving Amendment No. 1 to the Lease
Agreement between the City of Mineral Wells, Texas and Cebridge Acquisition, LP dba
Suddenlink Communications.
ITEMS FOR INDIVIDUAL CONSIDERATION
( 43) 6. Consider and take action concerning disputed water bill of Dennis Carter at 416 SE 8th
Street.
Mineral Wells City Council Agenda 12/ 18/2018 Page I of3
( 44 ) 7. Consider and take action to authorize City Manager to execute Right of First Refusal
Document for AMR facility.
( 50 ) 8. Consider and take action on an Interlocal Agreement with the North Central Texas Council
of Governments (NCTCOG) for the purpose of updating the Hazard Mitigation Action
Plan of Palo Pinto County, for the City of Mineral Wells.
t 57 ) 9. Consider and act upon authorization allowing Councilmembers Johnson, Light,
Shoemaker, Tomlin, and Underwood to attend a Chamber of Commerce Delegation Trip
to Austin.
(72 ) 10. Consider and take possible action regarding Holiday Meeting Schedule.
( 73 ) 11. Consider and take possible action awarding a bid for asbestos abatement at the City Hall
Annex in the amount of $18,485 and authorize staff to solicit bids for flooring.
12. EXECUTIVE SESSION: In accordance with Texas Government Code, Section 551.001 , et
seq., the City Council will recess into Executive Session (closed meeting) 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 or anticipated 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 regarding: (i) City of Mineral Wells v. Hanks, Cause
No. C48039, 29th Judicial District Court and (ii) tax abatement and other incentives and
American Precision Ammunition.
13. RECONVENE INTO OPEN SESSION: City Council will reconvene into open session to
discuss and take action, if necessary, on Executive Session items.
14. City Council discussion with Staff concerning any actions required by City Staff as a result
of any item on tonight's agenda.
15. Adjourn.
Notes: Disabled persons requiring special assistance are requested to notify the City of Mineral Wells 24
hours i11 advance of the meeting by calling the City Clerk's office at 940.328. 7702.
The City Council reserves the right to meet in Executive Session closed to the public at a11y time i11 the
course of this meeting to discuss matters listed 011 the agenda, as authorized by the Texas Ope11 Meetings
Act, Texas Government Code Chapter 551, including §551.071, (private co11sultatio11 with the attorney for
Mineral Wells City Council Agenda 12/ 18/2018 Page 2 of3
the City); §551.072 (purchase, excha11ge, lease or value of real property); §551.074 (perso1111el or to hear
complaints agai11st perso1111el); §551. 076 (deployme11t, or specific occasio11s for impleme11tatio11 of security
person11el or devices); and §551.087 (eco11omic development negotiations). Any decision held on such
matters will be take11 or conducted in Open Session following the co11clusio11 of the Executive Sessio11.
State of Texas §
City of Mineral Wells §
I hereby certify that notice of this meeting of the Mineral Wells City Council was posted by 5:00 o'clock pm on the 14th
day of December, 2018.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of December, 2018.
(SEAL)
Mineral Wells City Council Agenda 12/1812018 Page 3 of3
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