STATE OF TEXAS - Closte€¦ · 3. Presentation of letter received from Donna Edwards in regards to “Light Up Overton” Mayor Evans read the letter from Donna Edwards. 4. Certificate

Minutes of the Regular Council Meeting held January 18, 2018

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REGULAR CALLED CITY COUNCIL MEETING

January 18, 2018

MINUTES OF THE REGULAR CALLED MEETING OF THE CITY COUNCIL OF THE CITY OF

OVERTON, TEXAS THAT WAS HELD JANUARY 18, 2018 AT 7:00 PM IN THE COUNCIL

CHAMBERS, CITY HALL, 1200 SOUTH COMMERCE, OVERTON, TEXAS.

PRESENT: ABSENT:

C. R. Evans Jr., Mayor

John Posey, Mayor Pro Tem

Jerry Clark

David Stone

Michael Paul Williams

Also in attendance were Clyde Carter, Interim City Manager / Police Chief, Wendy Bates, City

Comptroller, Rachél Gafford, City Secretary, Gabe Williams, Police Captain, Todd Spakes, Police

Sergeant, and Josh Stuart, Public Works Crew Leader representing staff. Stacy Schaff representing

Traylor and Associates. Cathy Gregory, Sara True, Trampas Freeman, Nathan Kendall, Charles

Robinson Jr., David Hudson, and Judy Elrod representing the public.

I. CALL TO ORDER – Mayor Evans called the meeting to order at 7:05 pm

1. Invocation was given by Mayor Evans.

2. Pledge of Allegiance was led by Councilman Clark.

II. PROCLAMATION / RECOGNITION /APPOINTMENTS

1. Proclamation National School Choice Week

Mayor Evans read the proclamation.

2. Mayor to consider and/or take action regarding the recommended re-appointments of Scott

Andrews and Robert Heath to an additional two-year term on the Overton Housing Authority

Board of Commissioners, to expire December 31, 2019 as submitted by Donald Eaves,

Executive Director.

Mayor Evans appointed Scott Andrews, Robert Heath, and Tamela R Morgan for a

two-year term on the Overton Housing Authority Board of Commissioners.

3. Presentation of letter received from Donna Edwards in regards to “Light Up Overton”

Mayor Evans read the letter from Donna Edwards.

4. Certificate of Appreciation to Queen Price Garden Club for participation and organizing

“Light Up Overton 2017”

Mayor Evans presented the certificate to Cathy Gregory.


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5. Certificate of Appreciation to Billy Moore Correctional Center for participation and efforts

toward “Light Up Overton 2017”

Mayor Evans presented the certificate to Warden Hudson.

III. CITIZEN FORUM – No one spoke.

IV. CITIZEN’S REQUEST

1. City Council to hear and take action regarding Charles Robinson, Jr. and Judy Williamson-

Elrod request, on behalf of the Overton-New London Chamber of Commerce, for approval

to hold their annual events listed below and request the cooperation and support from the

City of Overton, Overton Police Department and the Overton VFD in their individual areas

of service to assure that the following events are held in an orderly, safe and successful

manner for the benefit of our community.

Mayor Pro Tem Posey made a motion to approve the annual events presented by

the Overton-New London Chamber of Commerce. One week notice on parade

route is required by the Monday before the parade.

Councilman Williams seconded the motion.

Mayor Evans called for a vote.

Motion carried 4 – 0 – 0.

V. CONSENT AGENDA

Any or all items under Consent Agenda may be removed by the Mayor, any Council Member or the City

Manager for discussion.

1. City Council to review, make possible corrections and approve minutes from Regular

Called Meeting of the City Council held on December 14, 2017

Councilman Williams made a motion to approve Consent Agenda as submitted.

Councilman Stone seconded the motion.



VI. BUSINESS

1. Present revised meeting schedule for the City Council as updated January 15, 2018.

Mayor Evans presented the meeting calendar for February 2018.

a. Mayor to receive request, if any, for leave of absence from any Council Member for future

meetings

No requests for excused absences received.


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2. Consider and take action regarding Preliminary Plat Application 2017-01—Ronald Williams

and Velva Arnolds’ request, to Preliminary Plat Lot 1 and Lot 2, Block 1, Charles Williams

Addition, being a 2.218 acre tract of land in the H. B. Dance Survey, Abstract No.-232, City

of Overton, Rusk County, Texas and being the same parcel of land deeded to Charles

Williams on March 15, 1992 recorded in Volume 1254, Page 513, Official Records, Rusk

County, Texas and being more commonly referred to as 1601 and 1605 FM 2089, Overton,

Rusk County, Texas. (Planning and Zoning Commission recommend approval 4 - 0.)

City Secretary Gafford presented staff report.

Mayor Pro Tem Posey made a motion to approve the Preliminary Plat as

presented.




3. Consider and take action regarding Final Plat Application 2017-01—Ronald Williams and

Velva Arnolds’ request, to Final Plat Lot 1 and Lot 2, Block 1, Charles Williams Addition,

being a 2.218 acre tract of land in the H. B. Dance Survey, Abstract No.-232, City of Overton,

Rusk County, Texas and being the same parcel of land deeded to Charles Williams on March

15, 1992 recorded in Volume 1254, Page 513, Official Records, Rusk County, Texas and

being more commonly referred to as 1601 and 1605 FM 2089, Overton, Rusk County, Texas.

(Planning and Zoning Commission recommend approval 4 - 0.)

Mayor Pro Tem Posey made a motion to approve the Final Plat as presented.




4. Presentation of the City of Overton Ethics Policy.

City Secretary Gafford requested each Councilmember to sign the acknowledgement for the City’s Ethics

Policy.

5. Discuss and consider taking action regarding a Resolution authorizing the City Manager to

enter into a Contract with Longview Computer Services for Information Technology Services

for the City of Overton.

City Manager Carter presented the contract and reviewed the service the City has received.

Councilman Williams made a motion to approve the contract with Longview

Computer Services.


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Councilman Clark seconded the motion.

City Secretary Gafford reminded Council that the City Attorney had not had time to review the contract

before the meeting and Council should include that the Attorney’s approval is needed before the contract

is signed.

Mayor Pro Tem Posey amended the motion to state the contract is approved pending

approval of the contract by the City Attorney.

Councilman Clark seconded the amended motion.

Mayor Evans called for a vote on the amended motion.


Mayor Evans called for a vote on the original motion.


6. Discuss and consider taking action regarding a Resolution authorizing the City Manager to

enter into a Service Agreement with G. Blake Thompson to continue to serve in the capacity

as the City Attorney.

City Secretary Gafford informed Council that while the City has an existing contract with Attorney

Thompson, the hard copy has been misplaced. This will ensure everyone is on the same page regarding

the services to be provided.

Councilman Clark made a motion to approve the contract as presented.




7. Discuss and consider taking action regarding a Resolution adopting and/or reaffirming

policies and procedures for civil rights, equal opportunity and fair housing as required by the

Texas Community Development Block Grant Program and authorizing publication of

required notices.

Stacey Schaff from Traylor & Associates presented the Resolution.

Mayor Pro Tem Posey made a motion to approve the Resolution as presented.




8. Discuss and consider taking action regarding a Resolution authorizing the Mayor to execute

a Professional Engineering Services Agreement with Hayes Engineering, Inc. for the Texas

Community Development Block Grant (TXCDBG Contract No. 7217341).

City Secretary Gafford explained that now that the Community Development Block Grant had been

approved we need to formally execute the contract with the engineer for this project.


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Mayor Pro Tem Posey made a motion to approve the Resolution per review and

approval of the agreement by the City Attorney.




9. Discuss and take action regarding a Resolution ratifying the Overton Economic Development

Corporations recommendation to hold a Special Election to submit a proposition on the

combined question of the abolition (repeal) of the additional sales and use tax at the rate of

one-half of one percent for economic development authorized under Section 4A of the

development corporation act (the “Act”) and the adoption (recapture) of an additional sales

and use tax at the rate of one-half of one percent for economic development under Section

4B of the Act.

City Secretary Gafford stated that the election would be held May 5, 2018 and that this would be the

only item on the ballot. Early voting will be held at City Hall.

Councilman Stone made a motion to approve the Resolution as presented.




10. Discuss and take action regarding an Ordinance to Order a Special Election to submit a

proposition on the combined question of the abolition (repeal) of the additional sales and use

tax at the rate of one-half of one percent for economic development authorized under Section

4A of the development corporation act (the “Act”) and the adoption (recapture) of some

additional sales and use tax at the rate of one-half of one percent for economic development

under Section 4B of the Act.

City Secretary Gafford stated that OEDC is willing to fund the election. The election will use digital

machine with paper books.

Councilman Williams made a motion to approve the Ordinance as presented.




11. Discuss and take action to reclassify the currently authorized job titles of the Public Works

Department to the newly proposed titles which will amend the authorized employment

positions in the FY 2017-18 Budget.

City Manager Cater explained the reason for the requested change in Public Works job titles.

Mayor Pro Tem Posey made a motion to approve job title changes.


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12. Discuss and take action regarding potential changes to current water meters used by the city

from a manual read to either a drive by meter reading system versus a smart meter reading

system.

City Manager Carter and City Comptroller Bates talked about the difference between and drive by and

smart meter reading system. Carter stated that staff felt that a drive by system could be implemented

more quickly and at a lower overall cost.

Councilman Williams made a motion to approve the drive by system.




13. Discuss and take action regarding Bank Loan(s) for the funding of a concrete saw for Public

Works and the purchase of two (2) replacement patrol units for the Police Department; and

for the refinancing of part of the Texas Bank & Trust short-term loan no. 73636714.

City Manager Carter and Sergeant Todd Spakes discussed the patrol cars they would like to purchase.

The cost of the fully equipped vehicles is about $115,000 but the City is hoping to only have to borrow

$75,000 - $90,000 due to donations from Smith County 911, the McMillon Foundation, and Citizen’s

National Bank. Carter stated we would be keeping the existing vehicles to use as a backup or for the

reserve officers. Public Works Crew Leader Josh Stuart discussed the need for the concrete saw and

the enormous benefit that is would provide to the Public Works crew. City Comptroller Bates discussed

the need for the refinancing loan not to exceed $75,000. Unfortunately, final loan documents were not

available by the meeting date so action could not be taken.

No action taken

14. Consider and/or take action on first reading of Ordinance an Ordinance amending Ordinance

No. 2014-07-29B “Appendix A” City of Overton- Schedule of Fees, by updating fees

imposed by the City for Water and Sewer Service and other services.

City Comptroller Bates presented the changes to the fee schedule.

No action taken

15. Council to interview all potential candidates to fill the City Council Place #1 Position who

have submitted applications as of January 17, 2018 by 5:00 pm.

Mayor Evans asked each applicant the interview questions and Council listed to their responses.


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VII. CONVENE TO EXECUTIVE SESSION TIME: 9:49pm

City Council to adjourn into Executive Session

1. Pursuant to TEXAS GOVERNMENT CODE, Section 551.074 (Public Officer;

Closed Meeting) to interview, discuss and consider potential candidates for the

appointment of a qualified City resident to Overton City Council, Place 1 to fill

the unexpired term of Council Member Cox.

City Council to adjourn executive session and return to open meeting

VIII. RECONVENE INTO OPEN SESSION TIME: 10:38pm

The Overton City Council will reconvene in open session to act on any matter listed for

deliberation in executive session.

1. Consider and / or take action resulting from the interviews and deliberations in

Executive Session pursuant the Texas Government Code, Section 551.074 (Public

Officer; Closed Meeting) for the appointment of a qualified City resident to Overton

City Council, Place 1 to fill unexpired term created by resignation through the next

General Election scheduled for November 2018.

Councilman Stone made a motion to appoint Trampas Freeman to City Council

Place 1.




IX. CITY ADMINISTRATION’S MONTHLY REPORTS

Mayor Evans introduced the following departmental reports for review and discussion by Council.

1. Emergency Services Monthly Reports

a. Fire Department

b. Champion EMS

c. Police Department

i. 2017 Police Department Annual Report

2. Department of Finance Monthly Report

a. Accounts Payable Check Register ending 12/31/2017

b. Statement of Revenue and Expenditures by Fund for FY2017-2018; Period 3

c. Statement of Revenue and Expenditures by Fund for FY2016-2017; Period 12

3. City Manager’s Monthly Report to include if needed

a. Public Works Department

b. Community Development

c. Cemetery

City Manager Carter answered questions regarding the departmental reports and presented the City

Manager’s monthly report.

Minutes of the Regular Council Meeting held January 18, 2018 Page 9 of 38

ATTACHMENT A










ATTACHMENT B




ATTACHMENT C







ATTACHMENT D









ATTACHMENT E


ATTACHMENT F



Documents

STATE OF TEXAS - Closte€¦ · 3. Presentation of letter received from Donna Edwards in regards to “Light Up Overton” Mayor Evans read the letter from Donna Edwards. 4. Certificate