City Council Regular Meeting

Minutes of City Council Regular Meeting The City Council City of Richwood A City Council Regular Meeting of the City Council of City of Richwood was held Monday, September 10, 2018, beginning at 6:00 PM in the Richwood City Hall, 1800 N. Brazosport Blvd. Richwood, Texas. CALL TO ORDER Mayor Guthrie called the meeting to order at 6:01 p.m. INVOCATION Michael Coon led the invocation. PLEDGES OF ALLEGIANCE Pledge of Allegiance & Texas Pledge Mayor Guthrie led the pledges. ROLL CALL OF COUNCIL MEMBERS Mark Guthrie, Mayor Mike Johnson, Council member Frank Blanks, Council member Sarah Reed, Council member – ABSENT Mark Brown II, Council member Katy Johnson, Council member Others present: Michael Coon, City Manager; Giani Cantu, City Secretary; Clif Custer, Public Works Director; Kenny Williams, Building Official PUBLIC COMMENTS All public comments will be subject to the following rules: all speakers will be permitted to speak no longer than 3 minutes; all speakers will only be permitted to speak once; speakers cannot defer their 3 minutes to another speaker; the first five individuals who sign up for the public comment section will be permitted to speak No public comments were given. RECOGNITIONS City of Richwood and Richwood Police Department awarded recognition of Stand up for Texas Public Schools by the Texas Association of School Boards Mayor Guthrie presented the award to Chief Mayor of the Richwood Police Department. PROCLAMATIONS Proclamation declaring September 17-23, 2018 as Constitution Week Mayor Guthrie proclaimed September 17-23 as Constitution Week. PRESENTATIONS Presentation of FY 18-19 Strategic Plan Presenter: Ron Cox Ron Cox presented the Strategic Plan as set by City Council. Michael Coon presented the action implementation plans that staff that worked on to help prepare the proposed budget. CONSENT AGENDA Approval of Minutes of Previous Meetings August 13, 2018 August 27, 2018 Payment of Bills Approve Interlocal with Brazoria County for annual road and bridge maintenance Approve contract with Kennemer, Masters & Lunsford for the Fiscal Year 17-18 year end financial audit Approve contract with the Brazoria County Clerk for Election Services to be held on November 6, 2018 Approve 2018 Holiday Schedule On motion by Mark Brown II second by Mike Johnson with all present members voting “aye” all items on consent agenda were approved. DISCUSSION AND ACTION ITEMS Discuss and consider approving interlocal agreement concerning certain insurance coverages with Harding Condley Drawert Tinch (HCDT) Insurance Agency Michael Coon stated the City has been with TML for years. The recommendation will be to remain with TML for property coverages. However, other agencies had reached out regarding workers compensation and liability coverages and offer better rates and coverages. Jeremy Diller, HCDT Insurance, stated the company has been around for about 100 years in the San Antonio area. The company has experience with risk pool and risk management. The summary provided shows increased coverage limits with Traveler’s and additional umbrella policy to ensure the City is well protected. Mark Brown II what would the cost difference be with TML for the same limits in Traveler’s proposal. Michael Coon stated we did not get one. TML has a longer response time. Mark Brown II asked if the high coverage limits are necessary. Mr. Diller stated he works with many cities and the City of Richwood is the only one with such low limits currently. Especially local government, $500,000 limits are very low. Mark Guthrie asked if this will affect the pricing with TML for property coverage. Mr. Coon stated no. Mark Guthrie asked if we looked at the risk with not having the higher limits. It’s a lot better to have extra coverage now than risk lots of out of pocket. Michael Coon stated the proposed policy provides higher coverage with lower premiums. Mr. Diller stated he didn’t want to quote the lower limits because he wouldn’t recommend it for a municipality. Frank Blanks moved to approve the contract with HCDT. Katy Johnson seconded. Frank Blanks asked Mr. Coon if he felt like the proposal is enough coverage. Michael Coon stated he believes it should be enough. Mark Brown II stated he likes the fact that we are saving a couple of thousand of dollars and getting higher coverage. Frank Blanks asked what is the likely hood of price increase the next year. Michael Coon stated that he has spoken with other cities and that has not happened for them. With all present members voting aye approval of the interlocal agreement with HCDT was granted. Discuss and consider a resolution amending the Fiscal Year 2017-2018 Budget Michael Coon presented the following amendments: Mike Johnson asked what is the net budget change? Michael Coon reported that the grant budgets are a wash. The net increase to general expenditures is $10,000 but still remains under projected revenues. Mark Brown II asked if the Police Department overtime was only $45,000.00 Michael Coon stated yes. However, CCPD is covering $35,000.00 of the costs. Mike Johnson asked why amend budget and not just show the overage. Michael Coon stated that the city cannot go over the approved budget expenditures and the overtime puts the General Fund close to budget limits. Frank Blanks moved to approve the amendments to the budget. Katy Johnson seconded. Mark Brown II asked if this was the only department that is getting us close to the limit or are there others. Michael Coon stated the Fire Department is close. Parks is over. However, there are other savings in other departments so not all overages need to be appropriated. With all present members voting “aye” the resolution amending the Fiscal Year 2017-2018 Budget was passed and adopted. Discuss and consider a resolution adopting the Fiscal Year 2018-2019 Budget Michael Coon stated the only change since the public hearing was to Option A which removes the over 65 tax exemption and appropriates the dollars to equipment replacement. Mark Brown II stated he had been pretty open with his concerns on the compensation plan and Commented [MC1]: Maybe add “his concerns”. The he believes that the compensation plan is not in line with Council plan and vision. While he current wording just seems a little off but I believe it portrays the point he was trying to make. appreciates the staff, this budget proposes additional positions and pay raises. This makes it tough for him to approve. Mike Johnson stated at the strategic plan session it was discussed at length. He felt like Council’s consensus at that time was in favor and thought it was good plan. He asked if it was mistaken. Mark Brown stated he’s not sure if he’s mistaken. He is just struggling with bringing in a new position and providing raises. Mike Johnson stated he doesn’t see it that way. He sees it as giving the resources so that each employee can do their respective duties more efficiently. Mark Guthrie stated he understands what they are saying. He doesn’t want to go and say give everyone across the board but does want it available. Mike Johnson stated that prompts a good question. If approved does it just get implemented? Mark Brown II stated he is not sure on the reliability of the study and doesn’t agree with the comparison cities. Michael Coon reported that it is a good study. The comparison cities selected were best fit for comparison. Mark Brown II stated he would prefer any increases to be based on performance review. His suggestion would be to give them resources and see if the employees can perform. Michael Coon stated for clarification the compensation study does not have all employees getting a raise. Mark Brown II stated he is not saying it does. He just feels like providing the resources is the best thing and would like to hold off on compensation. He is struggling with the double down. Mark Guthrie stated the study is what it is. The group that prepared it had a better understanding than TML who takes numbers across the board. He is confident that we now have policies in place to hold employees accountable. Katy Johnson asked if there was anything built into the budget for bonuses or incentives. Michael Coon stated that at the moment the only incentive is the longevity pay. Katy Johnson asked if there is an option to convert pay to more performance-based bonus and no pay increase. Mike Johnson stated that had already been talked about for those employees that are over the market. Michael Coon stated that is correct. The compensation study is not proposing performance increases. Frank Blanks stated so this is getting every position in line with market value. Michael Coon stated yes. Katy Johnson asked Mr. Coon, how many employees are affected with option C vs option D. Mr. Coon stated only one employee in option C and all employees in Option D. Katy Johnson asked who is the one employee? Mr. Coon stated it was him. He would cut his own increase in pay, if it meant that the other employees could receive their market level increases based on the compensation study. Mike Johnson moved to adopt Budget option B. Frank Blanks seconded. Mark Brown II asked Mr. Johnson if there was a reason that he preferred B over the other options. Mike Johnson stated yes. He believes the compensation study was done for a reason and feels it should be implemented the way Council had previously discussed. Katy Johnson stated she doesn’t believe there is any disagreement with the compensation study. It’s just the way the resources were allocated and prioritized. Frank Blanks stated that Budget option B would mean an effective three (3) percent tax decrease. With Katy Johnson and Mark Brown II voting ”nay” and Mike Johnson and Frank Blanks voting “aye”. The tie vote required the Mayor’s vote. Mayor Guthrie voted “aye”, the FY 18-19 budget resolution was passed and adopted. Discuss and consider an ordinance adopting a tax rate not exceeding the effective tax rate of 0.691118 for the City of Richwood Frank Blanks moved to adopt the tax rate of 0.670204. Mike Johnson seconded. Mark Brown II stated that it wouldn’t make much sense to approve the budget and not fund it. Frank Blanks stated it is also not a tax increase. Katy Johnson stated but some people will pay more. Frank Blanks stated that is the same every year. Some pay more and some pay less. That is how the appraisal system is set up. With Katy Johnson and Mark Brown II voting ”nay” and Mike Johnson and Frank Blanks voting “aye”. The tie vote required the Mayor’s vote. Mayor Guthrie voted “aye”, the ordinance adopting a tax rate of 0.670204 for FY 18-19 was passed and adopted. Discuss and consider an ordinance amending Chapter 21 Utilities Section 21-117 regarding collection services by the city; Section 21-125 regarding disposal of trash generally; Section 21- 26 establishment of rates and charges; and amending Appendix C- Fee Schedule to add fees for water, sewer and solid waste collection On motion by Mark Brown II second by Katy Johnson with all present members “aye” the ordinance amending Chapter 21 Utilities Section 21-117 regarding collection services by the city; Section 21-125 regarding disposal of trash generally; Section 21-26 establishment of rates and charges; and amending Appendix C- Fee Schedule to add fees for water, sewer and solid waste collection was passed and adopted. Discuss and consider a resolution converting the Utility Fund deficit into a long-term loan payable to the General Fund Mark Brown asked how long has the Utility Fund been indebted to the General Fund? Michael Coon stated a long time. However, it really grew when the apartment complex deals were done. It has always shown on the audit as liability on Utility Fund and this will just move it over to long term dept payable. Mark Brown asked if inflation was accounted for. Michael Coon advised that is what the interest is for. This is also contingent on approval by future City Council’s to continue the plan. Mark Guthrie asked what is the purpose of the interest? Michael Coon stated the intent is to cover interest cost the General Fund would be accruing in an investment account. Frank Blanks asked how it affects utility rates. He wants to ensure we are able to pass along the fee increases of BWA as soon as they happen. Michael Coon stated that’s why it is being phased in at increase of $5,000 per year. On motion by Mark Brown II, second by Katy Johnson with all present members voting “aye” the resolution converting the Utility Fund deficit into a long-term loan payable to the General Fund was passed and adopted. Discuss an ordinance amending Chapter 10 Miscellaneous Provisions and Offenses of the code of ordinances to amend Section 10-4 Noise Control to restructure and set all new regulations to noise control Michael Coon stated the attorney sent back a few grammatical changes but no changes to requirements. He also sat at Mr. Patton’s residence and got an ambient noise reading. Mark Guthrie stated the study is for reference only. Michael Coon stated that is correct. The study was to be able to compare ambient noise currently in the area to proposed ordinance requirements. Mark Brown II asked if the ambient noise is just day to day cars and other noise. It does not take in account the noise generated by the gun range. Michael Coon stated that is correct. Katy Johnson asked if there are any concerns being able to enforce this because of the time it takes to set up. Michael Coon stated unfortunately any nuisance complaint takes time to verify and enforce; however, it does provide clear guidelines to follow. Mark Guthrie stated he knows that this came by due to the gun range but does it apply to others equally. There are certain businesses that make loud noises. Michael Coon while the ordinance was created with the gun range in mind, it is written to apply across the board for all business and residents. Mark Brown II asked what is the decibel limit from 10 pm to 7 am? Michael Coon stated it is proposed to be 5 decibels less than the daytime decibel limit. Mark Brown asked what is the 30-minute wait time? He asked if he called a complaint for loud music is the officer going to monitor for 30 minutes before anything is done. Mr. Coon stated he believes that the PD would likely go out and ask the individual to turned down the music. Then, if it continues, they will monitor to assess the noise level. Further discussion was held on the noise ordinance limits. Mark Brown asked Chief Mayer his opinion on the enforceability of the ordinance the way it is written. Chief Mayer stated most of the time it will work. It is likely as soon as the PD goes out and asks to turn it down most residents will comply. Mark Brown asked the Chief, so he doesn’t think it will be an issue to have to wait the 30 minutes before they enforce. Chief Mayer stated he sees the issue but believes that would be a very extreme case. On motion by Mark Brown II second by Katy Johnson with all present members voting “aye” the ordinance amending Chapter 10 Miscellaneous Provisions and Offenses of the code of ordinances to amend Section 10-4 Noise Control to restructure and set all new regulations to noise control was approved and adopted. Mark Brown thanked Mr. Coon for working on it. He believes it is fair and just wanted to be sure it will not hinder our PD. Discuss and consider a resolution designating a representative and alternate to serve on the HGAC Board of Directors On motion by Mike Johnson second by Katy Johnson with all members voting “aye’ a resolution appointing Mark Brown II as representative and Frank Blanks as alternate was passed and adopted. Discuss interlocal agreement with the City of Clute for personnel resources Michael Coon stated the City of Clute reached out to the City to see if we would be interested in an interlocal agreement for shared personnel resources. Each respective city's duties will take priority. However, in the event one City should find themselves short of personnel in public works, inspections, code enforcement, etc…, then they could request assistance from the other city, if help is available. The requesting city will be responsible to reimburse the responding city costs of salary and benefits for the employee. We believe this to be a valuable resource and great interlocal cooperation between the two cities. Mark Brown stated he has an issue with this. We are already stating that we are short staffed to the point that the newly approved budget asks for 2 new employees. Now we are asking to give some of our already short staff to them. Clif Custer stated he understands. However, the benefits of the agreement are undeniable, and the release of any personnel would be discretionary. Mark Brown II asked are we hurting the city by giving up our already short-handed staff. Clif Custer stated it would be up to me to make decision. If there are no resources than we won’t send the personnel. Katy Johnson asked how overtime is covered if Richwood works them 40 hours and then Clute works them 4 hours. Michael Coon the City of Clute will cover expenses of salary and benefits at the overtime rate. Katy Johnson asked what happens if someone gets hurt at the other city. Mayor Guthrie recessed at 7:48 p.m. Mayor Guthrie called meeting to order at 8:02 p.m. Michael Coon stated there is a hold harmless and liability clause. Frank Blanks stated he believes this can be a win-win situation for both cities. Mr. Custer stated he believes it can be good. Mark Brown stated he agrees, he just wants to be sure we are not hurting the city. Mark Guthrie asked if there are any other interlocal agreements with Clute. Michael Coon stated there is one that specifically addresses inspections, in addition to the standard police and fire agreements. Mark Guthrie asked if this was something we need to address to see if any interlocal that supersede or void any previous agreements. Mark Brown asked if there are any in place with any other cities like Lake Jackson. Michael Coon stated we can look at it. This was just proposed by the City of Clute. Discuss and consider appointing the following applicants to serve on various boards and commissions Kimberly Mayer - Keep Richwood Beautiful Blix Messick - Keep Richwood Beautiful Lauren LaCount - Crime Control and Prevention District On motion by Mark Brown II second by Frank Blanks with all present members voting “aye” the members appointed. Mark Brown II thanked the volunteers. Discussion of appointing applicants to serve on Charter Review Commission and appoint a council liaison On motion Mark Brown II second by Katy Johnson with all present members voting “aye” Frank Blanks was appointed as council liaison to the Charter Review Commission Discuss and consider vote for the TML Multistate Intergovernmental Employee Benefits Pool Board of Trustees - TML Region 14 candidate Frank Blanks stated he’d prefer to keep it local. Mark Brown asked what does this position do for us? Michael Coon stated the representative pushes for changes within TML for health insurance. The City has been talking about potentially looking at other options due to rising costs. On motion Mark Brown II second by Mike Johnson with all present members voting “aye” the City voted for Jose Sanchez as TML Multistate Intergovernmental Employee Benefits Pool Board of Trustees - TML Region 14 candidate. Final review and action of the Magnolia Drainage Reserve plat of 1.420 acres, 1-Reserve Subdivision of the Glenwood Bayou Subdivision located near Magnolia and Wisteria Streets On motion by Mike Johnson second by Frank Blanks with all present members voting aye final approval of Magnolia Drainage Reserve plat of 1.420 acres 1-Reserve Subdivision of the Glenwood Bayou Subdivision located near Magnolia and Wisteria Streets was granted. Discuss and consider an ordinance vacating, abandoning, and closing street right of way being the undeveloped, unimproved portion of Magnolia Street as recorded in Volume 719 Page 195 of the map records of Brazoria County, Texas Mark Brown II moved to approve the ordinance. Katy Johnson seconded. Mike Johnson asked who maintains detention. Mr. Coon stated the development will be required to maintain and there is an earnest agreement in place to cover if they do not hold up the maintenance. With all present members voting “aye” ordinance vacating, abandoning, and closing street right of way being the undeveloped, unimproved portion of Magnolia Street as recorded in Volume 719 Page 195 of the map records of Brazoria County, Texas was approved and adopted. Mayor Guthrie reopened public comments. Lucas Balderas, 117 June Ct, stated he has a building that he would like to add within his yard. Erika Balderas, stated they are wanting to move the existing storage. Ordinance currently states it has be 10 feet away and they are wanting to put it 2 feet away from the property line. Approve items removed from Consent Agenda No items were removed from Consent Agenda. REPORTS Reports that require no action. CITY MANAGER’S REPORT Wednesday staff will be at customer service training. FUTURE AGENDA ITEMS Potential discussion for agreement with Swegelok for pumps. Changes to zoning ordinance for setbacks – workshop session Discussion of raises based on merit COMMITTEE REPORTS Ms. Cantu reported that KRB set the date and time for Trunk or Treat on October 26 from 5:30 to 7:30p. The employees would like to participate and invited Council to participate as well. COUNCIL MEMBER COMMENTS & REPORTS Mark Brown II thanked the police department for their extra presence in neighborhoods. MAYOR’S REPORT The Mayor did not report. ADJOURNMENT There being no further business, the meeting adjourned at 8:34 p.m. These minutes were read and approved on this 8th day of October, 2018. Mark Guthrie, Mayor Attest: Giani Cantu, City Secretary