A regular meeting of the City Council was held at City ...



MINUTES OF A PUBLIC HEARING/ REGULAR MEETING

OF THE CITY COUNCIL

THE CITY OF SWEENY, TEXAS

TUESDAY, AUGUST 18, 2020 AT 6 P.M.

A regular meeting of the City Council of Sweeny, Texas, was held at the Sweeny Community Center on Tuesday, August 18, 2020 at 6 p.m.to consider the following items of business:

CALL TO ORDER

Mayor Jeff Farley

called the meeting to order at 6:00 pm.

ROLL CALL

Council Present: Position 1. Sandra Blaine; Position 2. Bill Hayes.; Position 3. Brian Brooks- arrived late at 6:03 p.m. after roll call. Position 4. John Rambo. Position 5. Tim Pettigrew

Staff Present: Reese Cook, City Manager; Kaydi Smith, Administrative Clerk; and Charlie Stevenson, City Attorney.

PLEDGE OF ALLEGIANCE

The Pledge to the American Flag

The Pledge to the Texas Flag

Led by Bill Hayes

INVOCATION

Invocation was given by Attorney Charlie Stevenson

VISITORS COMMENTS

Kenneth Smith stated he would like to see the lift station at Cedar & 5th mowed.

COMMENDATIONS

1.PUBLIC HEARING- No public hearing

2.PRESENTATIONS: The EDC financial report was given by Neal Bess Jr. He stated that EDC has two bank accounts. One account has $210,403.35 in it and the other has $96,143.97. They refinanced in February 2019 with Government Capital on a note for a lower interest rate. The original finance was $400,000.00 and they still owe $122,303.03. He also gave the values of the two businesses currently at Industrial Park: P66 and Apache. Projects completed to date by EDC in Sweeny total $1,310,925.95.

A. Proclamation: No Proclamations

B. Fire Department Report: Not Given

3. CONSENT AGENDA

A. Bills for $47,809.98

B. Minutes of July 21, 2020.

Sandra Blaine made a motion to pay the bills in the amount of $47,809.98 and approve the minutes of July 21, 2020. Tim Pettigrew seconded. All were in favor. Motion carried.

4. REGULAR AGENDA

Unfinished Business

A. Discuss / Take Action (as needed) 401 Peach Street requesting variance to manufactured home ordinance, Chapter 151.

Francis Jammer addressed the council on behalf of Mrs. Ross, the original requestor. Mayor Farley stated this is the third month on this topic. He did seek out advice from a friend when a variance of this type was given many years ago. The recommendation was to go to the neighbors and petition if they would approve of a mobile home being on the location. The first resident contacted did not approve of the possibility of a mobile home at 401 Peach. Therefore, the mayor stopped. After much back and forth between Jammer, Mayor, and Council, Jammer inquired about possibility of moving the trailer onto the lot at 305 5th Street, another vacant lot that previously housed a trailer. Per Neal Bess Jr., previously a trailer was on the other lot at 5th Street, approximately 15 years ago. Per Attorney Stevenson’s recommendation, only 401 Peach Street is currently on the agenda.

Tim Pettigrew made the motion that we do not allow a trailer on 401 Peach Street and to deny the variance. Sandra Blaine seconded. Brian Brooks, Tim Pettigrew and Sandra Blaine were in favor. Bill Hayes and John Rambo opposed. Motion carried.

New Business

A. Discuss /Take Action (as needed) on Financial Audit Fiscal Year 2018/2019.

Wade Whitlow with KML (Kennemer, Master, and Lunsford) addressed the council giving the financial audit statement. He did express the city managers willing to take interest of all financial areas and stated the reasoning for the delay of the audit. Delays were due to the city’s contracted bookkeeper and miscommunications. Whitlow stated the city did receive an unmodified opinion, a clean opinion. As of September 30, 2019, the cities reserve general fund is running at a one to a one-and-a-half-month reserve. A good benchmark to reach for the general reserve would be a six-month reserve. Whitlow recommends scrutinizing and building the general reserve and being cognitive of the budget presented and any modifications.

Sandra Blaine made the motion to approve the auditors annual Financial Audit Fiscal Year 2018/2019 and the book we received with that information. Tim Pettigrew seconded. All were in favor. Motion Carried.

B. Discuss / Take Action (as needed) on Resident Water Bill.

The resident with the high-water bill was not in attendance. Mayor addressed council that the resident at 513 Sycamore had a leak that was undetectable for two weeks due to rain. Due to the resident having a two-month bill, he is not eligible for the normal payment plan. Policy also states that another requirement for a payment plans is the bill must be more than five hundred dollars. Residents bill does not qualify for either option, as both bills combined are a total of just under $500.00.

Council discussed the smart meters and their continuous flow alarms. They did not understand why the city is not notifying residents of the alarms. The system was presented to us that way, but they do not operate that way stated the Mayor.

Brian Brooks made the motion to average the prior 3 months for the high usage bill. Sandra Blaine seconded. Sandra Blaine, Bill Hayes, Brian Brooks, and John Rambo were in favor. Tim Pettigrew abstained. Motion carried.

C. Discuss /Take Action (as needed) on Budget Amendment for Administrative Clerk at City Hall.

City Manager expressed that he wants to utilize funds currently budgeted in the 19/20 Fiscal Year for a public works employee and re-allocate and amend the budget for an additional city hall administrative clerk. Two public works employees have resigned; one has been replaced and the other position is still open as budgeted. To keep the budget flat, city manager wants to reallocate the position to city hall. Council expressed concern for the cities appearance and not utilizing the funds for the public works department. In the future, the Director of Public Works will be retiring, and he could hire two public works employees for the prior budgeted salary, expressed the city manager.

Item died for lack of motion.

D. Discuss / Take Action (as needed) on Traffic Study at W. 7th St. and N. Sycamore intersection.

Bill Hayes stated that he has lived near that intersection for 15 years and he thinks there needs to be a three way stop at W 7th and N Sycamore. The traffic from the school tends to back up and people speed through without regard for the children in the area. The Sweeny Elementary School is near with children present often. According to the city manager, there should be a yield sign at 7th & Sycamore, but to change signage, a traffic study must be done. Attorney Stevenson stated the traffic study would be conducted by the local police department.

Bill Hayes made the motion at 7th and Sycamore to place a yield sign that is already approved and use the police department to do a traffic study to see if there are any further recommendations. John Rambo seconded. All in favor. Motion carried.

E. Discuss/ Take Action (as needed) on J & K CPA Engagement Letter

Bill Hayes made the motion to accept the engagement formal letter with J & K CPA. Tim Pettigrew seconded. All in favor. Motion carried.

F. Discuss / Take Action (as needed) on Monthly Meter Re-Checking Policy.

City Manager stated that the utility clerk and a public works employee are spending too much time on residents that are disputing their bills. Currently there is no policy. This policy would allow for a customer to request their meter be re-read. The first meter re-read in a billing period would be free. Any meter re-reads in the same billing period thereafter would be $35.00 each.

Tim Pettigrew made the motion to accept the Monthly Meter Re-Checking Policy, to where they pay $35.00 for the re-read in the same billing period. Brian Brooks seconded. All in favor. Motion carried.

G. Discuss /Take Action (as needed) on SEDC Incentive for Bulldog RV Park.

Neal Bess Jr, EDC President, stated the EDC board approved for a $30,000.00 incentive request to Bulldog RV Park, owned by Paul and Kelly Gregurek, for money spent on 12 concrete slabs. Per Bess, this is still pending their performance agreement.

Brian Brooks made the motion to approve the SEDC Incentive for Bulldog RV Park pending the performance agreement. Sandra Blaine seconded. All in favor. Motion Carried.

H. Discuss/ Take Action (as needed) on SEDC Promotion for George Washington Carver Basketball Goals.

Neal Bess Jr. addressed the council stating this project was approved in June. He passed out a letter from Dr. Hill, SISD Superintendent. Mayor stated he approved of the goals but the EDC sign, showing they purchased the goals, should not have been paid for with taxpayer monies. Tim Pettigrew and Brian Brooks were confused and addressed the proper process of approvals prior to purchasing and installing. They stated that there must be a process and needs to be followed. Brian Brooks made the motion to approve already purchased and installed basketball goals in the amount of $3,314.00. Bill Hayes seconded. All in favor. Motion carried.

I. Discuss/ Take Action (as needed) on SEDC Promotion for Veteran’s Memorial Park Sign.

Neal Bess Jr. addressed the council with a quote and pictures from Bryson Memorials of the proposed sign. He stated that previously council voted for the city to pay and install but did not have the funds to do so. Tim Pettigrew advised to go out for additional bids. The name of the park was also discussed; Neal Bess Jr. is requesting we review previous minutes of the name of the park as previously discussed in a prior council meeting.

Sandra Blaine made the motion to table the SEDC Veterans Memorial Park Sign until further information is received. Tim Pettigrew seconded. Bill Hayes, Brian Brooks, and John Rambo were in favor. Tim Pettigrew abstained. Motion carried.

J. Discuss/ Take Action (as needed) on SEDC Budget Amendment Fiscal Year 2019/2020.

According to EDC President Neal Bess Jr., the amendment would only be for $3,314.00 for the George Washington Carver Basketball Goals previously approved. Originally were asking for amendments for an additional $7,236.00 for the Veteran’s Memorial Park Sign that was tabled.

Brian Brooks made the motion to Amend the SEDC Budget for Fiscal Year 2019/2020 in the amount of $3,314.00. Bill Hayes seconded. All in favor. Motion carried.

K. Discuss/ Take Action (as needed) on SEDC Proposed Budget Fiscal Year 2020/2021.

Michelle Medina handed out the SEDC proposed budget to council. The board transferred $100,000.00 from their reserve account and placed into their expenditure account to be used on infrastructure at the Industrial Park. The previous budget submitted had mathematical errors and those have been revised with this budget presented. EDC expressed the possibility of a new business coming to the Industrial Park, Wind Chime, and they want to use money for infrastructure placement to be prepared if or when the business confirms.

Bill Hayes made the motion to accept the SEDC Proposed Budget for Fiscal Year 2020-2021 as presented. John Rambo seconded. All in favor. Motion carried.

TWO MINUTE RECESS 7:53 p.m. per Mayor Farley

Mayor Farley RECONVEINED AT 7:55 p.m.

L. Discuss/ Take Action (as needed) on SEDC Vacancies and Applications.

The SEDC currently has three terms that will expire in September, end of fiscal year. Applications were received from Neal Bess Jr., Reese Cook, Devin Lemon, Mark Morgan Jr., Amber Murray, Beth Anna Pettigrew, Susan Salyer. EDC’s recommendation was for Neal Bess Jr., Devin Lemon, and Amber Murray. Discussion was held on the City Manager being the city liaison, but a non-voting member.

Sandra Blaine made the motion to fill the vacancy positions with Susan Salyer, Beth Anna Pettigrew, and Amber Murray. Item died for lack of second.

Brian Brooks made the motion to accept Beth Anna Pettigrew, Devin Lemon, and Amber Murray to fill the SEDC vacancies. Sandra Blaine seconded. Sandra Blaine, Brian Brooks, and Tim Pettigrew were in favor. Bill Hayes and John Rambo opposed. Motion carries. Neal Bess Jr. stated there was nepotism that just came into the situation.

M. Discuss/ Take Action (as needed) on 19/20 FY Budget Amendment for City Hall Security Door.

City Manager stated the City Hall employees do not have an exit in the event of an emergency if the council chambers are occupied. He is requesting a motion to amend the 19/20 Fiscal Year budget to allocate up to $5,000.00 from the Municipal Court Security Fund to purchase and install egress and security door at City Hall. The remaining balance would be paid for from the P66 improvements grant received. Since the Municipal Court is housed at City Hall, we would be able to utilize funds from the court security fund.

Tim Pettigrew made the motion to amend 19/20 Fiscal Year budget to allocate the $5,000.00 from the Municipal Court Security Fund to purchase and install egress and security door at City Hall. Sandra Blaine seconded. All in favor. Motion carried.

N. Discuss/ Take Action (as needed) on 2020 Certified Tax Roll.

Tim Pettigrew made the motion to adopt the 2020 Certified Tax Roll Resolution. Sandra Blaine seconded. All in favor. Motion carried.

O. Discuss/ Take Action (as needed) to propose/set Tax Rate Fiscal Year 2020-2021. Schedule Public Hearing if necessary.

The City of Sweeny currently has adopted the tax rate of .747. Mayor addressed concerns on behalf of the taxpayers. He voiced concern with an increase and possible public hearing and election. Tim Pettigrew stated the city needs to go up on their own taxes to help support the city. Per Attorney Stevenson, this is a record vote.

Sandra Blaine made the motion to adopt the proposed Voter Approval Tax Rate of $0.701553. Bill Hayes seconded.

Sandra Blaine was in favor, Bill Hayes was in favor, John Rambo was in favor. (3)

Brian Brooks opposed. Tim Pettigrew opposed. (2)

Motion Carried.

P. Discuss/ Take Action (as needed) on Eagle Scout project.

Eagle Scout Candidate Dylan Hurte has requested projects for consideration. Possibly (3) park benches for the Backyard Park, Gazebo Park, and/or MLK Park.

Requesting motion to amend the 19/20 Fiscal Year budget to allocate up to $1,000.00 for the project from the Texpool Reserve Fund account.

Councilman Bill Hayes expressed that prior Eagle Scout projects were typically funded by donations petitioned for and collected by the Eagle Scout.

No action taken.

Q. Discuss/ Take Action (as needed) on Vargas Dis-Annexation.

This property was previously dis-annexed in February 2019. Per Texas Local Government Code 43.148 a refund of property taxes paid shall be refunded upon dis annexation. Per Attorney Stevenson state law provides that this is the automatic consequence of de-annexation.

Tim Pettigrew made the motion to pay Vargas in the amount of $2,252.67 thru September 2020 with funds to be taken from the Texpool Reserve Fund Account. Brian Brooks seconded. All in favor. Motion carried.

R. Discuss/ Take Action (as needed) designating an administration service provider for the 2020 Community Development- MIT Program application and project implementation administered through the Texas General Land Office.

City Manager stated he previously requested bids of qualifications for the grant intended for flood mitigation projects. This request was sent out per the GLO guidelines. Three administrative service provider bids were received. After review and surveys completed, the provider Grant Works was favored and is the recommendation. Their costs associated would be added into the grant.

Tim Pettigrew made the motion to designate the administration service provider for the 2020 Community Development -MIT Program to Grant Works and approve the resolution for such project information. Brian Brooks seconded. All in favor. Motion carried.

S. Discuss/ Take Action (as needed) designating an engineering service provider for the 2020 Community Development – MIT Program application and project implementation administered through the Texas General Land Office.

This is a federally funded grant for the gulf coast region to be used for flood mitigation, infrastructure, and drainage projects. We had two companies submit bids, VEI and Strand Engineering. City manager stated the same surveys were completed for both bidders with Strand Engineering being favored and the recommendation.

Sandra Blaine made the motion to designate Strand Engineering as the engineering service provider for the 2020 Community Development- MIT Program application and project implementation administered through the Texas General Land Office and approve the resolution. Bill Hayes seconded. Sandra Blaine, Bill Hayes, Brian Brooks, and John Rambo were in favor. Tim Pettigrew opposed. Motion carried.

5. CLOSED PUBLIC MEETING AT 8:33 P.M. TO OPEN EXECUTIVE SESSION:

Executive session in accordance with the Texas Government Code Sec. 551.071, 551.072 and 551.074.

A. Personnel Discussion(s).

CLOSED EXECUTIVE SESSION: 8:57 P.M.

6. RECONVENE TO REGULAR SESSION

1. Open Meeting Time: 8:57 P.M

2. Action on Executive Session: No Action Stated.

7. ITEMS OF COMMUNITY INTEREST:

John Rambo stated we are in the middle of Hurricane Season. City Manager stated the big drainage ditch project was completed near Magnolia, Cedar, and Glen Salyers property. Kaydi Smith mentioned the reminder of the Planning and Zoning Board of Commissions and Council Joint Meeting is still scheduled for Wednesday, August 26, 2020 at 5 p.m. at the Community Center.

8. ADJOURNMENT: 8:58 pm

PASSED AND APPROVED THIS ______DAY OF ________________, 2019

__________________________________

Reatta Minshew, City Secretary

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