Council does not reconsider Markout decision

During its regular July 06, 2017 meeting, the Forney City Council met and (this is the preliminary report, subject to change):

• Parks and Recreation Month Proclamation
  
• Mayor Wilson takes the item out of order to allow citizens to speak: Motion to Reconsider and receive public comment on the Maintenance and Service Agreement between the City of Forney and Markout Water Supply Corporation.
  
    Brian Andrews (Markout board chairman) spoke about the maintenance contract, and possibly the city absorbing Markout; he asked what happened in the last 4-6 months that led to cancellation? If something in the contract needs to be addressed, he would like the opportunity. He felt they went through proper channels - "I'll be honest, I'm a little bit confused." NTMWD is going to continue raising rates, would appreciate feedback about what was wrong, how it can be fixed, and keep this off facebook.
  
    Ray Stephens wants them to reconsider the previous vote. Because of social media, people think city wants to take over Markout, that was not a goal. When he came on the council 5 year ago, he complained about Grayhawk and was told because of costs, Markout would not give up Grayhawk. Then after the new mayor came in, then Wynne-Jackson, he could not vote to give them city water at lower rates. Then found out Markout might be having problems. He originally wanted Grayhawk to be pulled into city, but that isn't right - he said Markout is going away. Should do a feasibility study. He urges them to maintain the maintenance agreement. It may be possible to have Talty take over, could the city reduce the rates to all water districts? This is getting out of control on social media. The council gave their word, the council backed out for political reasons. He said water rates will be going up, for everyone, soon.
  
    David Hinds he has been on Markout board 18 yrs, Markout is not in trouble, financially sound. He asks council to look beyond the city limits, like the REA, the reason for WSCs is decreasing. We are better off working as neighbors. The maintenance agreement is cost effective for Markout. He's seen on social media it costs city 10k while Markout pays 6250, but one of those two employees was a replacement. He bets city is making money. He asking to declare peace on each other. He can't see a reason why this agreement isn't good for both parties, and if it isn't, should sit down as reasonable people and negotiate a better deal.
  
    Jim Thompson said the past week doesn't look like wisdom and knowledge; he was told people could see water bills go up $400 / month. This infighting will hurt everyone in the pocket book, he hopes council will reconsider.
  
    Mr. McGee hasn't seen a logical reason to terminate the contract, seems like ordinary business.
  
    Mayor Wilson says he was set back by the actions of council, it may be detrimental to some citizens, should be discussed openly. He's appalled at the actions of council members, there was no debate after executive session. He did discuss it with city attorney, he elaborated what happened to the chief of police, he's convinced they had an illegal executive session. When Penn and Moon set the meeting, they knew the city attorney was gone, commends him for cutting vacation short. They did not allow the citizens to address council. He stated there were several instances where they did not conduct themselves under the open meetings act. He too would like to know the reason. Under all these conditions, they have never had the contract in their hands. He doesn't want to spur on divisiveness, they were elected to do their jobs openly.
  
  &nbps; Water revenue is about 7mil, 60% of which is sold to CCNs, and being on take or pay, they would still have to pay for the water. As mayor, he was approached by one member of a CCN who said they will bankrupt the city, and he has confirmed today Talty has talked with MTMWD about bypassing Forney. The fund to take over Markout, 8-10 million - the bulk of infrastructure that would be needed is in Mesquite ETJ. They were working with Mesquite to take over the portion in their ETJ; without the study, to determine who would pay for what, it is a futile deal.
  Another troubling item is the TIRZ at Gateway, costing citizens 1.5 million, that has been diverted to Highpoint. He said there is a lot going on here they need to get to the bottom of, as well as members not willing to discuss this openly.
  Rules are: the members who voted to exit the contract, one of them has to make a motion to reconsider. Mr. Johnson said he has yet to hear a reason other than "not in best interest", the integrity and credibility of city took a hit on that vote. Other entities must now be thinking if this will happen with their contracts with city. He's never seen anything like this, being in government since 76, very irritating to him.
  
    Mr. McGee big picture: some of them went to Wylie, where they said water is the next gold. As Hinds said, all in the same boat heading down the river. Would like to reconsider the vote. Years from now, will be spending hundreds per month bc NTMWD is building without city's approval. NTMWD debt is 80 million, if they go away, city would inherit the debt. Mesquite Plano Garland are fighting the take or pay. Council has to do what protects city of Forney long term.
  Mayor Wilson called for a motion, there was none.
  
• Approved as consent items:
  
  • a preliminary plat for Lot 1 Block 1, First Baptist Church of Forney Texas Addition, located north of F.M. 741 and east of Holly Leaf Trail in the City of Forney, Texas.
    
  • a final plat for Lot 1 Block 1, First Baptist Church of Forney Texas Addition, located north of F.M. 741 and east of Holly Leaf Trail in the City of Forney, Texas.
    
  • a site plan for First Baptist Forney, located north of F.M. 741 and east of Holly Leaf Trail in the City of Forney, Texas.
    
  • a final plat for Eagle Ridge, Phase 3, a residential subdivision located south of Ridgecrest Road and east Wolf Drive in the City of Forney, Texas.
    
  • a final plat for the Whaley Drive right-of-way, located south of F.M. 548, between Reeder Lane and North Gateway Blvd. in the City of Forney, Texas.

• consent items considered separately:
  
  
  
  • Delayed: a preliminary plat for Windmill Farms Phase 4A & 4B, a residential subdivision located south of Falcon Way, between Irongate Boulevard and Windmill Farms Boulevard in the City of Forney ETJ.
    
  • Delayed: a preliminary plat for Forney Ranch, a residential subdivision located west of Clements Drive and south of Lake Ray Hubbard Drive in the City of Forney ETJ.
    Mayor Wilson asked if this was part of Travis Ranch - yes, water & sewer. There was concern by P&Z about traffic - Mr. Morgan said city engineer did review. There is a portion for future road.
    There was a lengthy discussion with the developer and what options the council has
    
  • Approved by 6-1 vote a Resolution approving an agreement with CSI Leasing, Inc. for the provision of leased IT hardware.
    
  • Held Public Hearings regarding-
    
    • This item was pulled: a request for approval of an Ordinance amending the Park Trails Planned Development Ordinance No. 1082, by amending the Planned Development Conditions and the Concept Plan to allow for the development of an Amenity Center.
      
    • Approved an Ordinance for a Conditional Use Permit for an Adult Day Care to operate at 700 West Broad Street, Forney, Texas.
      Mr. Morgan briefed the council, the location was recently used for child care. The owner will seek approved from VA, the approval is not restricting the facility to only veterans. Parking is non-conforming. Ms. Powers asked about hrs of operation - 8-6, no overnight stays. Ms. Penn said there is a great need for this. Ms Carr has spoken with Mr. Hunter, who knows people who need this service. It is a well kept secret this service is free for veterans.
      There was no public input.

  • Item withdrawn: Update and discussion regarding Trinity Street Project and sidewalks and discussion regarding College Avenue (FM 741) Fence Replacement Project.
    
  • Delayed action on a Resolution approving the Amendment #2 to the Wholesale Water Contract with Talty SUD.
    Mr. Thatcher said much of this request is due to the Gateway development, in the Talty CCN. The capacity is there, just need an agreement, and changes to the meters. Mayor Wilson said he's concerned they would be taking on additional contractual obligations. Mr. Moon asks how much revenue; this would increase the potential maximum. Ms. Powers asks what the water usage was for; Mr. Thatcher said it doesn't matter.
    
  • No action on: a Development Agreement between the City of Forney and Bleriot Forney #1, LTD for the continued development of The Villages of Fox Hollow, and all related issues.
    
  • 
    
  • Public Comment -
    
    • Linda Stewart from Highpoint Water said there were some untruths said tonight (about Highpoint).

  • City Manager’s report - Mr. Thatcher said Mr. Fisher dealing with family emergency.
    
  • Held a 75-minute executive session re:
    
    • The Villages of Fox Hollow
      
    • North Texas Municipal Water District

  • Tabled a preliminary plat for Windmill Farms Phase 4A & 4B, a residential subdivision located south of Falcon Way, between Irongate Boulevard and Windmill Farms Boulevard in the City of Forney ETJ.
    Mr. Thatcher recommended tabling until next meeting.
    
  • Approved 5-2 (Mr. McGee, Mayor Wilson nay) a preliminary plat for Forney Ranch, a residential subdivision located west of Clements Drive and south of Lake Ray Hubbard Drive in the City of Forney ETJ.
    
  • Approved 6-1 (Mayor Wilson nay) a Resolution approving the Amendment #2 to the Wholesale Water Contract with Talty SUD.
    
  • Council comments - Mr. Johnson thanks all for coming, downtown shaping up, new animal shelter. Ms. Penn indep celeb was great. Mr. Moon fireworks was good, moving on Trinity. Mayor Wilson said fireworks was good.
    
  • Adjourned at 2124.