MINUTES - REGULAR SESSION TOM BEAN CITY COUNCIL 201 S. Britton St., Tom Bean, TX 75489 6:00 p.m. Monday, December 9, 2024 htpshm.tombeamtugen On Monday, December 9, 2024, the Tom Bean City Council met in a Regular Session. 1. CALL TO ORDER Mayor Thomas called the meeting to order at 6:00 p.m. 2. INVOCATION - Invocation by Mayor Pro-Tem Dawson Nitcholas. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL Ricky Thomas (Mayor) - present Mike Upchurch - present Dawson Nitcholas (Mayor Pro-Tem) = present Aaron Marshall - not present Brittany Melton = present Sam Ellis - present Staff Present: Sarah Dusenberry, Zach Smith, Justin Cauffiel, Tammy Phillips, Jarrett Tate, Jason Lankford Citizens Present: Tony Owens, Jacob Buelna, Nicole Buelna, Chesney Buelna, Tyler Shipman, Tim Shipman, Marisa Lankford, Ronnie Lewis, Nathan Edwards, Sierra Johnson, Macy Graves, Ben Perez, Corey Hawkins 5. Citizen Comments: This item is available for citizens to speak for up to five (5) minutes on any subject of which the City of Tom Bean has authority. However, no discussion or action, by law, may be taken on the topic unless and until properly posted on a future agenda. The council may direct the mayor to resolve or request the matter to be placed on a future agenda. Completed speaker's request forms must be submitted to the City Secretary at the beginning of the Council meeting. REGULAR AGENDA - (NON - CONSENT) 6. Presentation of Community Achievement Award to Tom Bean Volunteer Fire Department from Mayor Ricky Thomas. REPORTS = (DISCUSSION ONLY) 7. Report from Fire Department- Chief Jason Lankford 43 calls for the month ofNovember. Attending a meeting January 23 in Whitesboro regarding a county-wide ESD. There has been an increase in wildlife related vehicle collisions, with 4 accidents involving deer in the past week. Volunteers are working on a Meal Train for the Marshall family. ChiefLankford will update City staff when funeral arrangements are finalized. 1Page 8. Report from Police Department- ChiefZach Smith Introduced new. hire, Officer Justin Cauffiel. The new radios have been ordered. Chief school was very informative, learned about upcoming law and regulation changes. 9. Report from Public Works- Acting Director Jarrett Tate Monthly hydrant flushing complete with 27,500 gallons at 16 locations. All monthly water samples were submitted to TCEQ and the City of Sherman laboratory and passed. EPA WWTP Discharge Monitoring Report was submitted and failed. Temporary repairs were made to restore compliance. November 19 TCEQ sub-contractors visited all three of our well sites to collect water samples for testing. Samples passed. In November, water leaks were repaired at 302 Pecan St, 1637 Whispering Oaks, 1636 Whispering Oaks, 525 E Ball St, 114 Holcombville, and 316 Meadow Estates. The west clarifier pan oars at the WWTP have been completed and we are currently cleaning and prepping the west clarifier to install the new pan. We have located the discharge line that leaves the Whispering Oaks lift station. Having located the discharge line, the city engineer can now put the upgrade project out for bid. 10. Report from City Secretary- Sarah Dusenberry Presented council with monthly bank statements and General and Water Funds November reconciliations. 11. Report from Court/Permit Clerk- Tammy Phillips 10 citations collected for a total of $2,158.00. 17 citations issued in November, Court was held December 2, 2024. 106 Show Cause cases totaling $27,367.00 are outstanding and being sent to warrant, 5 court appearances totaling $1,312.00. We currently have 143 warrants totaling $42,927.64. 108 are cleared totaling $31,701.14 and 35 are outstanding for ai total of$11,226.50. 10 Day Letters sent monthly, 30 were sent totaling $7530.00. 1 was paid and 1 was returned. Permits issued for November were 2 new houses, 1 addition, 1 plumbing, and 1 gas. 12. Report from the Mayor- Mayor Ricky Thomas Christmas parade this Saturday December 14 at 6 p.m. Shop with a Cop this Friday evening, December 13. The mailbox for letters to Santa is set up in front ofCity Hall. Inquiring to the county about how to utilize our Code Red alerts. CONSENT AGENDA (AII consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) 11. To approve the Minutes ofthe Regular Session meeting held November 11, 2024. Motion: Upon a motion made by Ellis and seconded by Nitcholas, the council voted four (4) and none (0) opposed to approving the Minutes of the Regular Session meeting held November 11, 2024. The motion carried. 2/Page EXECUTIVE SESSION The council went into executive session at 6:24 p.m. 13. Executive Session as authorized by: Texas Government Code Sec. 551.071, 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 ofTexas clearly conflicts with this chapter (Open Meetings Act); Texas Government Code Section 551.074. Personnel Matters: evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: or (2) to hear a complaint or charge against an officer or employee. -City Secretary, Chief of Police, Public Works Director, Court Clerk, Water Clerk, Police Officers, Water Operators -Communication with ttomey-Development matters and procedures, including 34 Tombean LLC/733 FM 902 LLC, Whitehorse, 410 Land Co., Choctaw, Mitchell Estates, Ball Rd. Communication with City Secretary-Goals and Directives RECONVENE The council reconvened into regular session at 7:48 p.m. 14. Reconvene into regular session and consider action, if any, on matters discussed in Executive Session. Motion: Upon a motion made Ellis and seconded by Nitcholas, the council voted four (4) and none (0) opposed to authorize the creation of an escrow account for developer funds. The motion carried. NEW BUSINESS PUBLIC HEARING Zoning Request and Ordinance No. 2024-05 The public hearing regarding Ordinance No. 2024-05 and the zoning request seeking amendment to the City ofTom Bean Zoning Ordinance and change request from Commercial to Multifamily Residential of412 Cotton Belt Rd. opened at 7:51 p.m. and closed at 7:54 p.m. 15. Discuss and take action, if any, on Zoning Request and Ordinance No. 2024-05 for the purpose of a zoning request seeking amendment to the City of Tom Bean Zoning Ordinance and change request from Commercial to Multifamily Residential (subject property is currently used for a pre-existing multifamily residential use). 3IPage Motion: Upon a motion made by Melton and seconded by Ellis, the council voted four (4) and none (0) opposed to approve the Zoning Request and Ordinance No. 2024-05 for the purpose of a zoning request seeking amendment to the City of Tom Bean Zoning Ordinance and change request from Commercial to Multifamily Residential. The motion carried 16. Discuss and take action, if any, on approving the Library Services Contr4act between the City ofTom Bean and Grayson County. Motion: Upon a motion made by Ellis and seconded by Upchurch, the council voted four (4) and none (0) opposed to approve the Library Services Contract between the City of Tom Bean and Grayson County. The motion carried 17. Discuss and take action, ifany, on declaring the 2004 Dodge Ram, the 2011 Ford Ranger, and the 2008 Ford Ranger owned by the City of Tom Bean as surplus vehicles, making them available for sale. Motion: Upon a motion made by Nitcholas and seconded by Ellis, the council voted four (4) and none (0) opposed to declare the 2004 Dodge Ram, the 2011 Ford Ranger, and the 2008 Ford Ranger owned by the City ofTom Bean as surplus vehicles, making them available for sale. The motion carried. 18. Discuss and take action, ifany, on approving the City ofTom Bean's 2024 Tax Roll Values. Motion: Upon a motion made by Melton and seconded by Nitcholas, the council voted four (4) and none (0) opposed to approve the City ofTom Bean's 2024 Tax Roll Values. The motion carried. 19. Discuss and take action, if any, on moving the January meeting ofthe Tom Bean City Council to January 6, 2025. Motion: Upon a motion made by Nitcholas and seconded by Upchurch, the council voted four (4) and none (0) opposed to move the January meeting oft the Tom Bean City Council to January 6, 2025. The motion carried. 20. Discuss and take action, if any, on approving Resolution 2024-05, establishing the City of Tom Bean, Texas Insurance Trust Fund, authorizing the Trust Agreement and appointing Trustees for the City ofTom Bean, Texas. Motion: Upon a motion made by Nitcholas and seconded by Upchurch, the council voted four (4) and none (0) opposed on approving Resolution 2024-05, establishing the City of Tom Bean, Texas Insurance Trust Fund, authorizing the Trust Agreement and appointing Trustees for the City ofTom Bean, Texas. The motion carried. 4IPage COUNCIL COMMENTS Nitcholas stated he is excited to participate in the Christmas parade. Upchurch expressed that he was sorry he could not attend the parade due to a previous engagement. ADJOURNMENT Motion: Upon a motion made by Nitcholas and seconded by Melton, the Council voted four (4) for and none (0) opposed to adjourning the Regular Session of the Tom Bean City Council at 8:06 p.m. on Monday, December 9, 2024. The motion carried. These minutes were approved on the 6th day of January 2025. APPROVED: ATTEST: B Ricky Thomas, Mayor Sarah Saaufuaudy Dusenberry, City Secretary e / - 5Page