Regular Meeting Minutes September 15, 2022 7:00 p.m.  1. Call to order and announce quorum is present.  Mayor Cardwell called the meeting to order at 7:00 pm, and announced a quorum was present. Those in attendance were: Mayor Crystal Cardwell, Mayor Pro Tem Christopher Raines, Councilmember, Jennifer Hill, Councilmember Richard Sidebottom, Councilmember Melanie Payne, City Admin Staff Brittany Mayhue, City Secretary. Jenni Moore, and City Attorney Charles Anderson.  2. Pledge of allegiance andi invocation.  Mayor Cardwell led the pledge and Councilmember Hill led the invocation.  3. Mayor Update.  Mayor Cardwell: shared she was invited to represent Newark ina a Wine Stomp competition between all of the mayors in district12. This competition will take place Saturday at 11:00. AM in Grapevine.  4. Public Comments.  Corie Ann Gregory, 404 FM: 718 Newark. Mrs. Gregorys stated she and her husband owni the Newark Wash & Dry. The topic discussed is the water rates and charges. Mrs. Gregory asked that the council review and reconsider the commercial waterand: sewer rates stating that they are paying 70%r more than competitors inl local townsi for water. Mrs. Gregory is asking that commercial water and sewer rates be changes to match residential rates. If this solution is not possible, Mrs. Gregory requested ar reprieve for an additional $12,000 in repairs their business was required to make due to the city's  water and sewage infostructure. 5. Consider and act on the following items: B. Accounts Payables for August 2022. Financial Statements for August 2022.  A. Council Meeting Minutes for August 18, 2022 and August 23, 2022.  D. Staff Reports- Municipal Court, Building Permits, Code Enforcement and Public Works for Councilmember Hill made a motion to approve agenda item 5 as a whole. Mayor Pro Tem Raines  August 2022.  second the motion. All approved. The motion passed.  6. Resolution authorizing Newark Higher Education Finance Corporation Education Revenue Bonds (The Hughen Center, Inc.)series 2022a and Newark Higher Education Finance Corporation Education Revenue Bonds (Thel Hughen Center, Inc.) taxable series 2022b; loan agreement; trust indenture; a public hearing; and other matters in  connection therewith.  City Secretary Moore explained this Resolution is for the same loans that were approved at the last meeting, however there was a change in the loan amount and needed approval  1    from the City. Councilmember Sidebottom made a motion to approve the Resolution authorizing Newark Higher Education Finance Corporation Education Revenue Bonds (The Hughen Center, Inc.) series 2022a and Newark Higher Education Finance Corporation Education Revenue Bonds (The Hughen Center, Inc.) taxable: series 2022b; loan agreement; trust indenture; a public hearing; and other matters in connection therewith. Councilmember Hill second the motion. All approved. The motion passed.  7. Discuss, consider, and act on Segura Encarnation request for assistance for her August 2022 City  of Newark utility bill at! 516 Pettit Dr.  Segura Encarnation was not present, this agenda item was not discussed.  8. Discussion, consideration and action on Resolution No. 360, a resolution approving the negotiated settlement between the Atmos Steering Committee and Atmos Energy. Darwin' Winfield wasi in attendance on the behalf of Atmos Energy. Mr. Winfield explained that rate increase for the average resident in Newark will be $4.60, and average commercial increase will be $14.34 per month. Councilmember Hill mase a motion to approve Resolution No. 360, a resolution approving the negotiated settlement between the Atmos Steering Committee and Atmos Energy. Mayor Pro Tem Raines second the motion. All approved with the exception of  Councilmember Payne, she obtained from voting on this agenda item. 9. Presentation from Amy Pegues regarding the Meals on' Wheels program.  Amy Pegues wasi in attendance on behalf of the Meals on Wheels program of Wise County. Pegues provided information on the history, services provided, resources and costs oft the Meals on Wheels program. Pegues stated. she is seeking support for the program as well as volunteers to donate their time. Pegues asked for the City of Newark to provide $10,000: annually to the Meals on Wheels program. Councilmember Hill told Pegues that the city has already completed the budget fort they year. Mayor Cardwell offered other options to help and stated this could be a discussion for next year'sbudget. Councilmember Payne recommended pursuing the possibility of adding a donation link on the city'sv website to allow people to make a donation to the Meals on Wheels program. This idea was tabled until further information could be gathered. 10. Discuss, consider and act on a request from the Newark Volunteer Fire Department Ladies Kathy Darter oft the Ladies Auxiliary shared the dates oft the Cruisin' Days this year are; Friday October 7th and Saturday October gth. The request is to close down the roads beginning 5:00PM Friday evening until the cornhole tournament is overa and then close again Saturday morning at 8:00 AM and reopen between 10:00 PM and 11:00 PM Saturday evening. The roads requested to be closed are Mc Canne St. to Hudson St., Hudson St. to Main St. and possibly closing the curved part of Main Street. Mayor Pro Tem Raines made a motion to shut down the necessary: streets for the Cruisin' Days. Councilmember Hill second the motion. All approved. The motion passed.  Auxiliary to close certain streets for Cruisin' Days.  2    11. Discuss, consider and act Interlocal Agreement No. 3036 between Wise County and the City of  Newark for street repairs.  The City Secretary explained the agreement, stating it is similar to the previously approved agreements with the County for street repairs. The city will cover the cost of materials and the County will provide labor. The streets that are covered in this agreement are: Berke St., Wise St., Pettit Dr., Main St. Mc Canne St., Rogers Rd., Crow Dr., Angela Ave., and Killough St., Mellown St. and Ramhorn Hilll Road. Mayor Pro Tem Raines made a motion to approve Interlocal, Agreement No. 3036 between Wise County and the City of Newark for street repairs. Councilmember Sidebottom 12. Consider and act on Ordinance A-537, an ordinance amending the Newark Code of Ordinances, Appendix A-Fee Schedule, article A 7.004 Utility Fees, by providing for the rate increase in the The City Secretary explained the new rates to the Council. The rate increase will only affect residential water by changing the base rate from $35.00 per month the $40.00 per month, and the sewer rate will change from $25.00 per month base rate to $30.00 per month. Councilmember Hill made a motion to approve Ordinance No. A-537, an ordinance amending the Newark Code of Ordinances, Appendix A-Fee Schedule, article A7.004 Utility Fees, by providing fort the ratei increase in the water and sewer base rates for residential customers. Mayor Pro Tem Raines second the  second the motion. All approved. The motion passed.  water and sewer base rates for residential customers.  motion. All approved. The motion passed.  13. EXECUTIVE SESSION - In accordance with the Texas Government Code, Section 551.001, et.seq., the City Council will recess into Executive Session (closed meeting) pursuant to the following a. 551.074 (Personnel): Deliberation regarding the appointment of a public officer, re: b. 551.071 (Attorney Consult): Consultation with Attorney 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 this chapter re:  sections:  i. Vacant City Council Seat 2  i. Ordinance No. A-533 creating al Parks and Recreation Committee for the City  of Newark and adopting Committee Bylaws.  Mayor Cardwell closed into Executive Session at 7:57 pm.  14. REÇONVENE INTO OPEN SESSION - In accordance with the Texas Government Code Chapter 551, the City Council will reconvene into Regular Session to consider action, ifa any, on matters Mayor Cardwell reconvened into Open Session at 9:13 pm. Action was taken on the following  discussed in Executive Session.  items: a.  551.074 (Personnel): Deliberation regarding the appointment of a publico officer, re: Mayor Pro Tem Raines made a motion to appoint Steven Barber to vacant City Council Place 2. Councimember Hill second the motion. Councilmember Payne and Councilmember Sidebottom  Vacant City Council Seat2  3    opposed the motion. Mayor Cardwell stated the motion failed due to lack ofvotes, and asked for another motion. Councilmember Sidebottom made a motion to appoint Nathanial Butler to vacant City Council Place 2. Councilmember Payne second the motion. Councilmember Hill and Mayor Pro Tem Raines opposed the motion. Mayor Cardwell then placed her vote for Nathanial Butler for City Council Place 2. The result was 31 to2 2 in favor of Nathanial Butler for City Council b. 551.071 (Attorney Consult): Consultation with Attorney 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 this chapter re:  Place 2.  Ordinance No. A-533 creating al Parks and Recreation Committee for the City  of Newark and adopting Committee Bylaws.  No action was taken. 15. Meeting Adjourn.  Mayor Cardwell adjourned themeeting at 9:16 pm. FE  10-27222  Date  Jenni Moore, City Secretary Au  4