Peoria Standard

City of Canton City Council met March 19.

Here is the minutes provided by the council:

The Canton City Council met at the above-named date and time in the Canton City Hall. Members present were Mayor Lou Ann Everett and Councilmembers Daniel Deibert, Cindy Malouf, Nathan Moore, Andrew Vaughn and Connie Odic.

Also present were City Manager Lonny Cluck, City Secretary Debra Johnson, Finance Director Teri Pruitt, Assistant City Attorney David Ritter, Police Chief Brad Allison, Fire Chief Bud Sanford, Public Works Director Walt Lehmann, Director of Operations Judy Bell, and Judge Lilia Durham,

1. CALL MEETING TO ORDER AND DECLARE A QUORUM PRESENT – Mayor Everett called the meeting to order and declared a quorum present at 6:02 p.m.

2. INVOCATION – Brother McKinney gave the invocation.

3. PLEDGE OF ALLEGIANCE – Mayor Everett led the Pledge of Allegiance.

4. MAYOR’S WELCOME

5. DECLARATIONS REGARDING CONFLICTS OF INTEREST - None

6. PROCLAMATIONS AND ANNOUNCEMENTS – Ms. Johnson reminded everyone it was Spring Clean Up week.

Chief Allison reported the National Carp Society has decided to make Canton the carp mecca and were willing to pay to improve the docks and clean up the lake. They planned to have a six or seven-day tournament here next year. Texas Parks & Wildlife was applying for grants to add four more docks. It had also been determined we had enough spray on hand to deal with any unwanted growth in the lake this year.

CITIZENS FORUM

7. CITIZENS FORUM – CITIZENS ARE INVITED TO SPEAK FOR THREE MINUTES ON MATTERS RELATING TO CITY GOVERNMENT - Jim Fuller announced he had the 1938 fire truck operational. The firemen were going to wax the vehicle for him. Jim Banks requested the City prepare for the solar eclipse which will be in Canton on April 8, 2024. There has never been a solar eclipse in Canton before, and this one will be twenty-two miles away.

CONSENT AGENDA

8. CONSIDER APPROVAL OF MINUTES FOR FEBRUARY 19, 2019, COUNCIL MEETING – Councilmember Odic made a motion to approve the minutes of the February 19, 2019, meeting. Councilmember Deibert seconded.

Councilmember – Connie Odic: Approve 

Council Member - Cindy Malouf: Approve 

Mayor Pro Tem - Nathan Moore: Approve 

Council Member - Andrew Vaughn: Approve 

Council Member - Daniel Deibert: Approve

INDIVIDUAL CONSIDERATION

9. PRESENTATION OF LAKE FEASIBILITY STUDY BY CP&Y ENGINEERING – Terry Winn, CP&Y, gave a fatal flaws report on the feasibility of a new lake. After looking at all options -- using ground water, buying water from the City of Tyler, Dallas or Terrell, and constructing a new reservoir, they determined a third reservoir would be the most cost effective. He spoke with the Sabine River Authority and ruled out the Mill Creek location as an option. Mr. Wynn said they eliminated the Marine Hill Farms location because it did not have enough capacity. They used Grand Saline Creek as the basis for the starting point for the analysis. The tip of the lake would stop just short of I-20. The elevation at the spillway would be 415 feet with a 23,000-acre foot storage capacity. The surface area would be 2,146 in flood conditions and 1,663 in normal conditions. The top of the dam would be eight feet above the spillway. The emergency spillway would be two feet higher than the primary. The length of the dam would be 2,500 feet and would give an additional yield and storage of 37 square miles. They were surprised to see 233 parcels involved, but there a lot of small tracts in the area. Some major overhead and underground lines would have to be relocated. The existing substation would not have to be moved. There were two natural gas lines in the area, which the company said could be reinstalled with heavier pipe. There were also two private wells and two oil and gas wells. There would be some public and private roads and four county roads affected. Some wetlands were also in the area, which might involve some litigation. The Sabine River Authority had a certificate that subordinated all rights west of the Texas/Louisiana state line. There is a possibility that the subordination could be removed, which would free up any water not existing prior to 2003. The estimated cost for the project is $47 million. A big part of the cost would be for purchasing land. Utility relocation would cost approximately $11 million, County Road modification $800,000, and construction of the project would be about $13 million. If Council decided to proceed, they would apply for the water rights permit. A preliminary design of the lake would have to be prepared as well as an operations plan. They would need to do a sampling of Grand Saline Creek to determine the water quality. They would meet with the Sabine River Authority about the subordination and meet with TCEQ about the water rights. The next step would cost approximately $360,000. There were no guarantees the water rights would be granted, but Mr. Winn thought the City would be successful. Mr. Winn said Canton had a sufficient amount of water at this time, but it could not accommodate a large growth like other communities have seen. Mr. Winn said these type projects were funded through various sources – borrowing or bonds financed by state or federal agencies. There was also a participation program where the city could pay for the reservoir as it needed the water. The City could also sell water to other neighboring communities. Mr. Cluck said the Sabine River Authority was trying to encourage smaller lakes.

10. CONSIDER ACCEPTANCE OF 2016-2017 FISCAL YEAR AUDIT – Louis Breedlove of BrooksWatson presented the 2016-2017 fiscal year audit. The City received an unmodified opinion, which was the highest level awarded by auditors.

11. CONSIDER REQUEST FOR PROPOSAL AND/OR NEGOTIATION OF CONTRACT FOR EMERGENCY AMBULANCE SERVICES

Mayor Everett called Council into Executive Session at 7:04 p.m. Council reconvened into Open Session at 7:46 p.m.

Councilmemember Malouf made a motion to accept the 2016-2017 audit as presented. Councilmember Odic second.

Councilmember – Connie Odic: Approve Council Member - Cindy Malouf: Approve Mayor Pro Tem - Nathan Moore: Approve Council Member - Andrew Vaughn: Approve Council Member - Daniel Deibert: Approve

Councilmember Moore asked David Ritter if the City was obligated to go out for RFP for an emergency services contract. Mr. Ritter advised it was not obligated because we had not yet sent out the RFP. Any amount over $50,000 ordinarily had to have competitive bids, but emergency services were an exception. Councilmember Odic seconded.

Councilmember – Connie Odic: Approve 

Council Member - Cindy Malouf: Approve 

Mayor Pro Tem - Nathan Moore: Approve 

Council Member - Andrew Vaughn: Approve 

Council Member - Daniel Deibert: Approve

12. CONSIDER ADOPTION OF RESOLUTION NO. 2019-5 AUTHORIZING CONTINUED PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; AND AUTHORIZING THE PAYMENT OF FIVE CENTS PER CAPITA TO THE ATMOS CITIES STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ATMOS ENERGY CORPORATION

Councilmember Malouf made a motion to adopt Resolution NO. 2019-5. Councilmember Moore seconded.

Councilmember – Connie Odic: Approve 

Council Member - Cindy Malouf: Approve 

Mayor Pro Tem - Nathan Moore: Approve 

Council Member - Andrew Vaughn: Approve 

Council Member - Daniel Deibert: Approve

13. CITY MANAGEMENT REPORTS

A. FIRST MONDAY – Judy Bell reported the revenue for First Monday was an increase from the February show. Almost all RV spaces have been reserved for April. Ms. Bell reported to Council on the training done by City staff during the last several months, that Judge Durham was to be recognized in Austin on April 8 for the Women Judge’s Day and a reward was received by Main Street.

B. MARKETING – Austin Melton reported the new First Monday website was launched. Audience Media was working on a system for vendors to rent lots online. The Maize Group had nine busses attend First Monday last month. Audience Media Group was also launching an email campaign this First Monday. First Monday’s reputation has received 4.6 stars. The vendors have given a lot of good feedback on the new marketing. Mr. Melton said they wanted to do some behind-the-scenes videos of how First Monday comes together. Audience Media was still evaluating the media information.

C. UPDATE ON STREETS – Walt Lehmann reported the asphalt was done on Goshen and looked good. They would be finishing the punch list items in the next few days.

D. OTHER ITEMS – Mr. Cluck reported the roof repair on the Civic Center had been started this week.

14. CONSIDER ACCEPTANCE OF CITY SECRETARY’S CERTIFICATION OF UNOPPOSED CANDIDATES IN MAY 4, 2019 GENERAL ELECTION - Councilmember Malouf made a motion to accept the City Secretary’s Certification of Unopposed Candidates in the May 4, 2019, General Election. Councilmember Vaughn seconded

Councilmember – Connie Odic: Approve 

Council Member - Cindy Malouf: Approve 

Mayor Pro Tem - Nathan Moore: Approve 

Council Member - Andrew Vaughn: Approve 

Council Member - Daniel Deibert: Approve

15. CONSIDER ADOPTION OF ORDINANCE NO. 2019-7 CANCELLING MAY 4, 2019, GENERAL ELECTION AND DECLARING MAYOR LOU ANN EVERETT AND COUNCILMEMBERS NATHAN MOORE AND RANDON SUMNER ELECTED TO CANTON CITY COUNCIL FOR TWO-YEAR TERMS – Councilmember Malouf made a motion to adopt Ordinance No. 2019-7 cancelling the May 4, 2019, General Election and declaring Mayor Lou Ann Everett and Councilmembers Nathan Moore and Randon Sumner elected to the Canton City Council for two- year terms. Councilmember Odic seconded.

Councilmember – Connie Odic: Approve 

Council Member - Cindy Malouf: Approve 

Mayor Pro Tem - Nathan Moore: Approve 

Council Member - Andrew Vaughn: Approve 

Council Member - Daniel Deibert: Approve

16. DISCUSS COUNCIL’S GOALS, OBJECTIVES AND SPECIAL PROJECT REQUESTS FOR INCLUSION IN THE FISCAL YEAR 2019-2020 PROPOSED BUDGET – Ms. Johnson requested Council review the proposed goals and objectives in preparation for the upcoming budget.

17. CONSIDER AWARD OF CONTRACT FOR WATER LINE IMPROVEMENTS FROM DODSON STREET WEST ON HIGHWAY 64 – The following bids were received for the project:

4M Construction Service $ 93,025.00

JGJR Construction $106,344.00

Morrow Construction $107,782.00

JDR Contracting $110,606.00

J2 Construction Services $112,892.00

Underwood Inc. $121,870.00

Capps Capco Construction $124,862.60

AAA Sanitation $143,189.30

7H Construction $162,645.90

AGM Construction & Utilities $163,077.14

SJ1 Utility Contractors $166,411.06

LaBanda, LLC $208,542.80

Canary Construction $263,918.00

Athens Bros. Equipment Co. $287,466.00

FNH Construction $374,944.00

Councilmember Moore made a motion to award the contract to 4M construction in the amount of $93,025.00. Councilmember Odic seconded.

Councilmember – Connie Odic: Approve

Council Member - Cindy Malouf: Approve

Mayor Pro Tem - Nathan Moore: Approve

Council Member - Andrew Vaughn: Approve

Council Member - Daniel Deibert: Approve

18. CONSIDER APPOINTMENTS TO CANTON ECONOMIC DEVELOPMENT CORPORATION’S BOARD OF DIRECTORS – Councilmember Odic made a motion to reappoint John McKeehan and to appoint Kevin Deibert, Joe Zoubi and Deanna Callan to the Canton Economic Development Corporation’s Board of Directors. Councilmember Malouf seconded.

Councilmember – Connie Odic: Approve

Council Member - Cindy Malouf: Approve

Mayor Pro Tem - Nathan Moore: Approve

Council Member - Andrew Vaughn: Approve

Council Member - Daniel Deibert: Approve

19. CONSIDER SELECTION OF CITY OF CANTON’S CITIZEN OF THE YEAR AWARD TO BE PRESENTED AT THE CANTON TEXAS CHAMBER OF COMMERCE GALA – Councilmember Malouf made a motion to approve the Committee recommendation for the Citizen of the Year award. Councilmember Moore seconded.

Councilmember – Connie Odic: Approve

Council Member - Cindy Malouf: Approve

Mayor Pro Tem - Nathan Moore: Approve

Council Member - Andrew Vaughn: Approve

Council Member - Daniel Deibert: Approve

EXECUTIVE SESSION

In accordance with the authority contained in the Texas Government Code, Chapter 551, including but not limited to, Sections 551.071, 551.072, 551.074 and 551.087. Council will convene in closed or executive session to discuss the following matters.

20. EXECUTIVE SESSION FOR CONSULTATION WITH ATTORNEY REGARDING EXISTING OR POTENTIAL LITIGATION (Section 551.071)

21. EXECUTIVE SESSION FOR CONSULTATION WITH ATTORNEY (Section 551.071)

22. EXECUTIVE SESSION TO DELIBERATE COMMERCIAL OR FINANCIAL INFORMATION AND THE OFFER OF A FINANCIAL OR OTHER INCENTIVE TO A BUSINESS PROSPECT INCLUDING BUT NOT LIMITED TO PROSPECTIVE RETAIL, HOSPITALITY, FAMILY ENTERTAINMENT, AND AFFORDABLE HOUSING (Section 551.087)

RETURN TO OPEN SESSION

23. RECONVENE TO OPEN SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION

24. ITEMS FOR FUTURE AGENDAS

25. ADJOURN - There being no further business to discuss, the meeting was adjourned at 8:24 p.m.

http://www.cantontx.gov/sites/default/files/files/Council%20Minutes/2019/03-19-2019.pdf