Council ponders a couple of difficult items.

During its regular Dec. 05, 2023 meeting, the Forney City Council met to recognize Eagle Scouts, consider reducing speed limit on FM741, Smurfit Kappa water rate, Housing Authority.
(watch official video)

• Recognition of Eagle Scouts by Assistant Scoutmaster and Mayor Mr. Roberson.
  
• Public Comment
  • Former Mayor Mary Penn thanked the council for what they do for the city, even though she may not always agree with them.  She said the loss of her son got her started down this path.  She presented members with homemade fudge, and Mr. Traylor with a portrait of his mother.

• Approved as one consent item:
  • the acceptance of public improvements for the Inspiration Way Phase 2 project (1/2 street section North of Innovation Boulevard). (Staff recommends approval of this item.)
    
  • a Resolution approving a Professional Services Agreement with Birkhoff, Hendricks & Carter, L.L.P. to provide consulting and design services for the relocation of utilities for the TxDOT FM 1641 expansion project and all related issues. (Staff recommends approval of the item.)
    
  • a Resolution approving a Professional Services Agreement with Freeman-Millican, Inc. to provide consulting and design services for a 12-Inch Waterline Loop from Cates Drive to Highway 80 and all related items. (Staff recommends approval of the item.)
    
  • a Resolution approving a professional services agreement with Pierce-Murray Land Solutions, LLC to provide consulting and design services for Sidewalk Improvements along South Bois d’ Arc (FM 740) and all related issues. (Staff recommends approval of the item).
    
  • a Resolution approving a Standard Utility Agreement with TxDOT to relocate existing water utilities along FM 548. (Staff recommends approval of the item.)
    
  • a Resolution awarding a contract to MasterTurf Products and Services, Inc., for the construction services of the Mulberry Park Baseball Field Redesign project and all related issues (Staff recommends approval of the item).
    
  • an Ordinance Altering the Prima Facie Speed Limits Established for Vehicles Under the Provisions of Transportation Code, Section 5645.356 Upon FM 741 or Parts Thereof, Within the Incorporate Limits of The City of Forney. (Staff recommends approval of the item.)

• Tabled until January a request from Smurfit Kappa North America to create an industrial water and sewer rate classification for their facilities in the City of Forney. (Staff recommends denial of this request.)
     
      City Attorney Mr. Thatcher introduced the item.  In summary Smurfit Kappa was the only customer of a category of Industrial water rate, a contract that had a 6 year duration.  Smurfit Kappa North America VP Mr. Brown presented a slide show of how the company is contributing to the community, a pending merger with Westrock, and how the rate increase, totaling 2.5 mln, would affect them.
      Mr. Traylor said after doing research, his view has changed, now in favor of defining them as an industrial user; they use about as much water as all of Windmill Farms.  Ms. Schlensker expressed concern about the significant impact on city budget, possibly resulting in a tax increase.  There was discussion about how much more water Smurfit Kappa uses than any other commercial customer. 
      After the lengthy discussion, council approved forming a sub-committee of members Chambers and Helm, to present a recommendation at the January meeting.
      Mr. Brown thanked council, said they (Smurfit) are looking for a compromise.
  
• Approved an Ordinance amending the budget for fiscal year 2023-2024 (Staff recommends approval of the item).
      Ms. Woodham said during budget process, IT department was in transition, and to help balance the budget funds were put into capital.  In order to provide funds for equipment for new hires, she said in total, the cost is enough to qualify as capital, suggested moving funds from capital purchases fund.
      Mr. Chambers asked how much it was - 21k, small 1%.
  
• Approved action regarding a Resolution approving a Chapter 380 Grant Agreement with Bellagio Laguna Azure, LLC; finding that such agreement and grant constitutes a program to make grants and loans pf public money pursuant to Section 380.001 of the Texas Local Government Code to promote economic development and to stimulate business and commercial activity within the City; authorizing the City Manager to execute the agreement and providing an effective date. (Staff recommends approval of the item.)
      Mr. Thatcher said similar to agreements with other home-builders regarding sales tax for purchases.  Bellagio would have to pull permits and do the accounting, willing to share the amount of the 1% sales tax with 60% for them.  The half-cent for FEDC and the other half-cent for tax buy-down are not affected.
  
• Approved an Ordinance amending Article 1.08 of the City of Forney Code of Ordinances regarding the personnel of the Forney Economic Development Corporation. (Staff recommends approval of the item.)
      Mr. Thatcher said on Nov 20 discussed making these changes.  April ordinance's intent was to make them city employees but didn't.  This ordinance will do that, provide them with full benefits.
  
• Delayed a Resolution finding and declaring that there exists a need for the Housing Authority of the City of Forney to function and establishing a governing commission of five persons. (Staff recommends approval of the item.)
      Mr. Thatcher said this was also discussed at last meeting.  These are created by the state, based on finding by the city in a resolution.
      Ms. Schlensker asked for a walk-through about the process.  Mr. Thatcher said once activated, it becomes its own entity.  Can't remove members except for cause, in a public hearing.  Council can provide direction to board, but don't have to approve anything board does. After board and chairman appointed, they will perform their own functions, hire their own staff.  Ms. Schlensker asked about funding by city for the staff.  Mr. Thatcher said funding options exist, so not known now.
      Mr. Chambers moved to deny the item, there was no second.
      Ms. Schlensker asked about the public hearing for removal; Mr. Thatcher said it would be before council, state has rules about the process.
      Mr. Traylor moved to consider item in executive session; that was approved.
  
• City Manager's report - Mr. Zook said Christmas on main had great turnout.  weather permitting, hwy 80 lanes to be closed dec 7-8 and dec 11-12 congrat banister on .  They were given paper ballots for a wreath contest, made by city employees, winner to be announced at ...
  
• Upcoming Events - Mayor Roberson said scouts still have trees.
  
• Held a 103-minute executive session re:
  • Project Buddies
  • ETJ Exchange
  • Hotel Occupancy Tax Fund Revenue
  • City Manager
  • City Secretary

• Approved authorizing an amendment to the contract for city secretary, subject to the drafting and approval by the City Attorney.
  
• Approved Postponing the vote on action item five (a Resolution finding and declaring that there exists a need for the Housing Authority of the City of Forney to function and establishing a governing commission of five persons).