Thursday, February 1, 2024, Special Meeting 6:301 PM The City Council ofthe City ofRobert Lee, Texas met in a Special Session at the Robert Lee Volunteer Fire Department at 6:30 p.m. Present: Mayor Jason Moran Council Members: Josh Tennison, Mike Stephens, Steven Arens, Brantly Robertson, Jonathan Torres, City Attorney Jeff Betty. Call to Order, Quorum Determined, Meeting Declared Open at 6:31 PM Proclamations and Presentations Consent Agenda Regular Agenda A. Robert Lee Volunteer Fire Department Discussion & Action Discussion: For the last five to six years, the City of Robert Lee (City) and the Robert Lee Volunteer Fire Department (VFD) have been trying toj properly separate which would allow the VFD to apply for more grants than they otherwise wouldn'thave access to while being a Al letter from the City was hand-delivered on January 24, 2024, to ai member of the VFD requesting several documents. This letter requests for documentation required by the Texas State Constitution by any organization that receives taxpayer money. This letter was read aloud by Council Member Brantly Robertson during the open session for all the public After research, legal counsel, and a considerable amount oft time, the City Council of Robert Lee has determined the Robert Lee Fire Department does not currently operate in aj fashion that will allow the City to continue toj fund and. support its operation. The requirements for the City toj fund or to in any way provide support to an organization must be met, or the City will be in violation ofi its requirement under the Texas Constitution and related. statutes to properly safeguard the tax dollars collected from the citizens of Robert Lee (See attachment A). As a general rule, an organization: receiving tax dollar support or using City property must be properly organized with a Board of Directors, appropriate Bylaws, proper personnel procedures, purchasing and budget controls, and maintenance ofrecords responsive to the above as well as the value the organization provides to the community. The City of Robert Lee simply cannot provide tax dollar support to an organization that cannot demonstrate that the funds provided benefit the citizens regardless ofo our belief in the goodwill and intent of the people involved. Unless changes are made, the City of Robert Lee must withhold future financial. support and remove the current organization, from its property. The organization would also be asked to cease and desist in its use ofany language that implies that they and the City of Robert Lee are affiliated in any way. The. Robert. Lee City Council will be meeting in as special session on. February Ist, 2024, at 6:30. P.M. at the Robert Lee Fire Department to address this matter. All documentation detailed above will be required. to be presentedat part of the City. present. that time. Attachment. A A minimum checklist is required for the City to. support a community-based organization with 2. As signed copy oft the By-Laws with minutes and attendance from the adoption meeting. 3. Adoption ofappropriate operation policies and procedures (Personnel Policy, Purchasing Policy, Budget and Financial Controls Policy as well as related procedures) tax dollars or use ofthe City Property. 1. AB Board of Directors Thursday, February 1,2024, Special Meeting 6:30 PM 4. Appointment or hiring ofai knowledgeable person as Executive Director; Administrator; Organization Secretary, or similar title to act as responsible party. for maintenance of required records and financial documents, policies and procedures, and meeting minutes. 5. A list ofofficers kept onj file with the City, updated within 24 hours ofa change. 6. Any records required to demonstrate fulfillment of the mission in the community (example: training schedule and certification for members of the VFD, copies ofCDLs, and list of 7. Annual Report to the Council (example: budget, record of expenditures for the previous year; Depending on the mission of the communty-based organization seeking support, additional requirements may be necessary. A written agreement should be entered into with each organization, providing. for the above. The agreement should be reviewed. regularly to ensure compliance and that the requirements are meeting the needs of the City and the organization. Assistant ChiefBill' Torres spoke on behalf oft the RLVFD and presented a stack of original Members oft the community voiced their concerns about the lack of record-keeping within the VFD. B. Ross asked who the current members ofthe Board of Directors were, Bill Torres explained that they do not have a current board of directors but instead have a standing The President of the Windgate VFD voiced her concerns that this agreement has taken years, but no progress has been made. She expressed her concerns with the City about prolonging this agreement due to ai rumor ofbudget cuts, and she expressed concern that the City Attorney was not holding the City accountable to get this agreement done sooner. City Attorney Jeff Betty introduced himselft to the community present, giving a summary of how he became the City Attorney in 2017. Jeff Betty made it clear that this agreement was not prolonged due tol budget cuts, rather due to the lack of participation by the VFD. A letter was sent to the VFD in 2020 SO the department could determine its status as either a Volunteer Fire Department or a Municipal Fire Department, however, no response was received. Mr. Betty has met with the officers oft the VFD to attempt to resolve these issues, Mr. Betty explained that if the VFD would like to continue to receive funds from the City, they have tol be held accountable for the funds. They then must provide the requested documentation in Attachment. A. Ifthey do not wish to receive funds from the City, they do B. Ross and S. Scott, members of the community explained that other organizations often have board members who are not affiliated with the organization itself, rather they are citizens at large to help with checks and balances within the group. Board members are typically composed ofa a combination of citizens at large and members of the organization Mr. Betty explained Attachment Ai further, stating that once the By-Laws and policies are approved, the rest of the requested documentation willl bej provided annually. This annual report at minimum would need to include a financial report oft the money they received and howi it is being used tol benefit the citizens at large. This report will help the City Council determine if the allotted money needs to be raised at any time and to ensure that taxpayer approved drivers or equipment maintenance records) report of activities in the community and. special needs movingforward) documents that they believed to suffice. Attachment. A. Members oft the community began to ask questions regarding the letter. committee of officers on the VFD. however, no documentation has been provided. not have toj provide any documentation. itself. money is being utilized appropriately. Thursday, February 1, 2024, Special Meeting 6:301 PM The City Council is asking the VFD to satisfy the requirements of the' Texas State Constitution regarding Municipal entities funding community-based organizations by providing the documents in Attachment A. Meeting these requirements would also help the VFD acquire proper insurance for their volunteers and equipment, as well as start moving towards a 501(c)(3). The way the VFD is currently operating, its status as a Volunteer Fire Department is vague since iti is under the umbrella of the City, meaning it could still be considered a Municipal Fire Department which inhibits it from obtaining some grants that it One of the requested documents includes an updated set ofb by-laws that have the attendance, time, and date stamp from the meeting that it was adopted. The last valid set ofby-laws the Mr. Betty has offered his services to assist the VFD with the City's approval. He can help collect any oft the documents needed and provide any edits that the VFD: needs to suit their organization. He also recommends that the VFD find a CPA or a financial advisor to start C.E Bland volunteered her services to aid the VFD in coming back up to acceptable standards with their record keeping since she has prior experience solving similar issues with the The VFD voiced their concerns throughout the meeting regarding the lack of volunteers. Ryan Standford, Assistant Chief oft the VFD, informed the public that the VFD has meetings on the first and third Monday of each month at 7:00 PM, and he urged the public to attend. The first meeting is a business meeting while the second is a training meeting. The Council has decided to impose a deadline for Attachment A to ensure that this agreement Motion by Council Member Brantly Robertson to impose a deadline for the VFD for the required documentation outlined in Attachment A as well as provide a reasonable deadline to appoint a board of directors and an executive director by February 15, 2024, the Regular City Council Meeting. Seconded by Council Member Jonathan Mr. Betty offered clarification to the public that any other community-based organization can M. Rackham, ai member oft the VFD, asked the council ift the VFD could continue to utilize the building to provide services to the community. Mayor Jason Moran stated that Robert Lee will never be without a fire department and that they can and will continue to utilize the could otherwise apply for as a 501(c)(3). VFD has are from 2010 which they are not currently operating under. rectifying their books. Windgate VFD. is no longer delayed. Torres. Vote 5-0,motion carries. request funds from the City, SO long as all the requirements are: met. property to do: SO. Request for Agenda Items Adjournment Motion by Council Member Jonathan Torres to adjourn the Special City Council meeting at' 7:48 PM. Seconded by Mayor Pro Tem Mike Stephens. Vote 5-0, motion carries. ATTEST: ili Jason Moran, Mayor - Kiara Burns, Deputy City Secretary