City of
HALTOM CITY

5024 Broadway Ave.
Haltom City, TX  76117
817-222-7700

November 12, 2018 City Council Minutes

Date: Monday, November 12, 2018
Time: 7:00 p.m.
Location: City Hall - 5024 Broadway Ave. | Haltom City, TX 76117

MINUTES

HALTOM CITY COUNCIL MEETING

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on November 12, 2018, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor David Averitt Mayor Pro Tem Dr. An Truong

Council Place 1 Jeannine Nunn Council Place 3 Lin Thompson

Council Place 4 Brent Weast Council Place 5 Bob Watkins Council Place 6 Ricky Brown

Council Place 2 Walter Grow was skyping from the Hilton Houston Westchase, 9999 Westheimer Road, Houston, Texas.

Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Wayne Olson, City Attorney; Art Camacho, City Secretary; Jennifer Fung, Finance Director; Glenna Batchelor, Planning and Community Development Director; Sidonna Foust, Customer Service Director; Cody Phillips, Police Chief; Perry Bynum, Fire Chief; Christi Pruitt, Parks and Recreation Director; Janet Carver, Purchasing Agent, and Greg Van Nieuwenhuize, Public Works Director.

WORKSESSION

CALL TO ORDER - Mayor Averitt called the Worksession to order at 6:05 p.m.

VISITORS/CITIZENS FORUM

The following citizens came forward:

  1. Jack Lewis – Addressed the problem of street parking, junk and debris at resident’s homes, and the need for reworking the street parking ordinance.

  2. Mary Hunter – Stated a background check was performed on her and gave a personal testimony regarding her changed life.

  3. Stacey Corbin – Commented positively on Mary Hunter’s statements, requested an update on the Fathom audit, and presented a resident’s problem with a bank payment.

  4. Trae Fowler – Also thanked Mary Hunter, requested Fathom review their process, and then inquired of numerous open records requests that have not been completed. He also didn’t appreciate the statements directed at him from the Fire Department at the last meeting during Visitors/Citizen Forum.

    WORKSESSION

    Mayor Averitt closed the Worksession at 6:26 p.m. and called for an Executive Session.

    EXECUTIVE SESSION

    Chapter 551 of the Texas Government Code

    As authorized by Section 551.071, the City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:

    Consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct which may conflict with the Open Meetings Act; including discussion of any item posted on the Agenda; to seek legal advice on open meetings, open records, code of ethics and conflicts of interest, city charter limitations, dissolution/restructuring of the Haltom City EDC, Chapter 380 Agreement with Haltom Hospitality, LLC, selection process for design/construction of Fire Station 3, amending and repealing city ordinances and pending litigation and settlement offers for the following cases:

    • Flynn v. Haltom City EDC

    • James H. Watson v. City of Haltom City

    • Ray Beshirs v. City of Haltom City

    • Nicklaus Forrest v. City of Haltom City

    • Amer Ozzie v. City of Haltom City

    • Joe Williamson v. City of Haltom City

Section 551.072 – Deliberations about Real Property

Deliberation regarding the purchase, exchange, lease or value of real property, and property owned or leased by the City and the EDC, including city buildings.

Mayor Averitt adjourned the Executive Session at 6:47 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Averitt called the meeting to order at 7:00 p.m.

INVOCATION/PLEDGE OF ALLEGIANCE

Council Member Weast introduced Pastor Mathew Prince of the Diamond Oaks Worship Center, who gave the Invocation, and Council Member Weast led the Pledge of Allegiance and the Texas Flag Pledge.

ANNOUNCEMENTS/EVENTS – City Secretary Art Camacho read the following:

  • The HC Public Library lists the children, teen, and adult programs on the website.

  • The Carson Street Closing will be closed for at least 5 to 7 weeks.

  • 5300 Fossil Creek will be closed Nov. 16 – 19 due to road construction.

  • The Christian Center will host a free Thanksgiving Day meal from 11:00 – 1:00.

  • Christmas on Broadway is set for December 1st from 2:30 – 5:30 p.m.

  • The Neighborhood Decorating Contest is from Dec. 10th through 16th.

  • Senior Citizen Center is hosting the Annual Thanksgiving Dinner on Nov. 16th.

  • Book Ornaments for Adults and Teens will be held on Dec. 5th from 4:00-6:00 p.m. Mayor Pro Tem Truong also mentioned the Memorial Day Service and he apologized for not recognizing members of the Council and citizens in attendance. Council Member Grow also

stated that tickets to the Haltom High School playoff game are now available.

PRESENTATIONS – “TAAF Local Athlete of the Year” – Parks and Recreation Director Christi Pruitt addressed the Council with several awards the department had recently received from the Texas Amateur Athletic Federation (TAAF):

  1. Corneika Gunter, Recreation Supervisor and Corey Hale, Athletic Coordinator, presented the TAAF “Gold Member City” Award to the City Council.

  2. Jaylon Sullivan, a Haltom City multi-sport athlete, received his award for the “TAAF Local Athlete of the Year.”

REGULAR AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Minutes of the October 22, 2018 Regular Meeting. Council Member Weast moved, seconded by Council Member Thompson, to approve the minutes of October 22, 2018. The vote was unanimous. Motion carried.

  2. Reconstruction of Lower Birdville Road – Consideration and/or action regarding approval of the 3-Way Agreement with Wilbarger Street, LP and Reliable Paving, Inc. for the reconstruction of Lower Birdville Road between SH121 and Carson Street. Public Works Director Greg Van Nieuwenhuize presented the agenda item and a discussion was held regarding the utility placement and the street dimensions. Mayor Pro Tem Truong moved, seconded by Council Member Nunn, to approve the 3-Way Agreement with Wilbarger

    Street, LP and Reliable Paving, Inc. for the reconstruction of Lower Birdville Road between SH121 and Carson Street. The vote was unanimous. Motion carried.

  3. Carson Street Bridge Replacement Project Change Order No. 7 – Consideration and/or action regarding approval of Change Order No. 7 in the amount of $76,392.47 to the Carson Street Bridge Replacement Project. Public Works Director Greg Van Nieuwenhuize presented the agenda item and gave a review of the project and the finishing status. A discussion was held regarding the budgeting, compliance with TxDot, and the survey “bust”. Council Member Thompson moved, seconded by Mayor Pro Tem Truong, to approve the Carson Street Bridge Replacement Project Change Order No. 7 in the amount of

    $76,392.47. The vote was unanimous. Motion carried.

  4. Misc. Concrete Improvements Bid No. B2019-311-001 – Consideration and/or action to award Bid No. B2019-311-001 for miscellaneous concrete improvements to Reliable Paving as primary vendor with the option to renew for two (2) additional twelve-month periods if so desired, and award Bid No. B2019-311-001 for miscellaneous concrete improvements to GRod Construction as the secondary vendor in the absence of the primary vendor. Public Works Director Greg Van Nieuwenhuize presented the agenda item and a discussion was held regarding the quality of work, worker locale, and future concrete service projects. Council Member Thompson moved, seconded by Council Member Weast, to approve the miscellaneous concrete Bid No. B2019-311-001 to Reliable Paving as the primary vendor and GRod Construction as the secondary vendor in the absence of the primary vendor. The vote was unanimous. Motion carried.

  5. Street Sweeper – Consideration and/or action to purchase a street sweeper for $255,820 for the 2019 Tymco street sweeper from TYMCO, Inc. through their contract with H-GAC, and expressly authorize the City Manager to execute any and all change orders within the amounts set by state and local law. Public Works Director Greg Van Nieuwenhuize and Purchasing Agent Janet Carver presented the agenda item and a discussion was held regarding the budget funding, life expectancy of the unit, years of service on current equipment, required street servicing, and auctioning the old unit. Mayor Pro Tem Truong moved, seconded by Council Member Thompson, to approve the purchase the street sweeper for $255,820 for the 2019 Tymco street sweeper and authorize the City Manager to execute any and all change orders within the amounts set by state and local law. The vote was unanimous. Motion carried.

  6. Fire Pumper – Consideration and/ or action to authorize the purchase of a 2017 Spartan Pumper truck from Metro Fire Apparatus Specialist, Inc. through their contract with HGAC in the amount of $419,000, and the recommendation that the City Manager be expressly authorized to execute any and all change orders with the amounts set by state and local laws. Fire Chief Perry Bynum and Purchasing Agent Janet Carver presented the agenda item and a discussion was held regarding the replacement schedule, vehicle life expectancy, truck reserve status, firetruck damage, and budget funding. Council Member Thompson moved, seconded by Council Member Weast, to authorize the purchase of a 2017 Spartan Pumper truck from Metro Fire Apparatus Specialist, Inc. through their contract with HGAC in the amount of $419,000, and the recommendation that the City Manager be expressly authorized to execute any and all change orders with the amounts set by state and local laws as budgeted. The vote was unanimous. Motion carried.

  7. CITY STAFF REPORTS – Assistant City Manager Rex Phelps reported Utiliworks has been working on the discovery phase of customer service, auditing the software and begin meter exchanges. He also stated that an account billing problem was attributed to the customer entering the wrong account number and the insufficient fee was waived. He also thanked the Council for being proactive toward the Fathom situation.

  8. FUTURE AGENDA ITEMS – Council Member Weast requested the Visitor/Citizen Forum ordinance be placed in either the Executive Session or Regular Session to make changes. Council Member Watkins discussed the situation of the Planning and Zoning plat decisions being voted on by the Council.

    BOARDS/COMMISSIONS

  9. Resignations of Board/Commissions/Committee Members – Consider approval of the resignations of Board/Commission/Committee Members. Mayor Averitt presented the resignation of Chris Bethel from the Charter Review Committee. The resignation was approved unanimously.

  10. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Council Member Weast appointed Britt Ford to the Charter Review Committee. The appointment was approved unanimously.

    EXCUSED ABSENCE OF COUNCIL MEMBERS

  11. Attendance Requirements – Consideration regarding excused absences of Council Members according to Article III, Sec. 3.07 (a). There were no absences.

ADJOURNMENT

Mayor Averitt thanked all the Veterans of Haltom City and adjourned the meeting at 8:00 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor