city charter, article 8; section 8.09 and authorizing the city … minutes/m2019... ·...

City CouncilCity of Hillsboro, Texas

Minutes of Regular MeetingNovember 5, 2019

Present:

Eric Fleming, Councilmember Frank Johnson, City ManagerLarry Lloyd, Councilmember Tony Cain, Chief of Public SafetyDana Robinson, Councilmember Jerry Barker, Comm. Dev. DirectorDavid Skelton, Councilmember Richard Reinhardt, Planning TechnicianScott Johnson, Mayor Pro Tern Art Mann, Economic Dev. Administrator

Lauralee Vallon, City AttorneyKaren S. Warren, City Secretary

Mayor Andy Smith and Councilmember Frances Zarate were absent.

Mayor Pro Tern Johnson called the meeting to order at 6: 00 p.m.

The Invocation was given by Rev. Kenny Kennedy of Trail to the Cross Church, Hillsboro.

Councilmember Fleming led the Pledge of Allegiance.

Hear Statements from Persons Wishing to Address the Council.No one addressed Council at this time.

Consent Agenda

Deliberate and Act on the Approval of the Minutes for the Regular Meeting on October 15,2019.

Deliberate and Act on the Approval of Bills.

On motion by Councilmember Robinson and second by Councilmember Fleming the consentagenda was approved.

On roll call the following votes were cast:Ayes: Fleming, Lloyd, Robinson, Skelton, JohnsonNays: None Absent: Zarate

Regular Agenda

Deliberate and Act on a Resolution Authorizing and Independent Audit as Required by theCity Charter, Article 8; Section 8.09 and Authorizing the City Manager to Negotiate andExecute All Necessary Documents.City Manager Frank Johnson said Pattillo, Brown & Hill LLP submitted an engagement letter to

audit the financial statements of the City of Hillsboro for the year ended September 30, 2019.The fee to perform the audit would not exceed $ 16, 000 for the City and $ 2, 000 for the HillsboroEconomic Development Corporation. Pattillo, Brown & Hill has served as the City' s auditor for anumber of years and has continued to assist the City staff with implementing various newaccounting requirements. City staff recommended that the Council accept the engagement letteras presented.

Hillsboro City Council— Regular MeetingNovember 5, 2019 of 8

On motion by Councilmember Skelton and second by Councilmember Lloyd the resolution wasapproved.


Resolution No. R2019- 11- 58

Deliberate and Act on a Resolution Approving the Appointment of a Municipal Court Judgeand Administer the Oath of Office to the Newly Appointed Municipal Court Judge.City Manager Johnson said Judge John Milburn resigned from his position as Judge in MunicipalCourt. Under Section 4. 03 of the City Charter, the City Council is given the responsibility ofappointing the Municipal Court Judge. This section states that " The judge of said court shall be

appointed by the Council to serve at the discretion of the Council. The judge may be either an

attorney licensed or practicing in the State of Texas or a qualified lay person and shall receivesuch salary as may be fixed by the Council." On October 1, 2019, the Council reviewed

expressions of interest received from qualified candidates and on October 15, 2019 discussed atmore length the qualified candidates. Ms. Nicole Crain was selected as the top candidate. Ms.

Crain is an attorney licensed in the State of Texas and practicing in the State of Texas. City

Secretary Karen Warren administered the Oath of Office to Ms. Crain and asked her to sign theStatement of Appointed Officer form.

On motion by Councilmember Robinson and second by Councilmember Fleming the resolutionwas approved appointing Nicole Crain to serve as Municipal Court Judge effective November 6,2019.



Hold a Public Hearing, First Reading and Deliberate on an Ordinance, Amending Chapter3, Building Regulation; Article 3. 600, Flood Damage Prevention, to Adopt the Revised FloodInsurance Study (FIS) for Hill County, Texas and Incorporated Areas" Dated December 20,2019 and Digital Flood Insurance Rate Map ( FIRM), Dated June 20, 2019 as Required by

the Federal Emergency Management Agency, Such Ordinance to be Effective December 20,2019.

For informational purposes, the following information in the brackets was included in theCouncil' s packets prior to the Council meeting: The City of Hillsboro and Hill County, throughthe Risk Map initiative program, were directed by the Federal Emergency Management AgencyFEMA) to participate in the process of several outreach meetings and community meetings in

September 2014, August 2015 and March 2018. FEMA updated flood map data for variouscommunities and conducted several outreach meetings to educate citizens about proposed flood

map changes and to answer homeowner' s questions regarding their properties. FEMA is

initiating the implementation of the new Risk Map. FEMA' s published notices of the proposedflood hazard determination in the Federal Register and published a public notification in the

Hillsboro Reporter concerning the appeal process on September 20, 2018 and September 27,2018. The notice provided up to a 90- day appeal period. Following that, the City is required toadopt the new maps with an effective date of December 20, 2019.

During the 90- day appeal period, following the second publication of the public notification in theHillsboro Reporter, any owner or lessee of real property in Hillsboro who believes his or herproperty rights will be adversely affected by the proposed flood hazard determinations mayHillsboro City Council— Regular MeetingNovember 5, 2019 of 8

appeal to the City. It is important to note, however, that the sole basis for such appeals is thepossession of knowledge or information indicating that the proposed flood hazard determinations

n are scientifically or technically incorrect. The appeal data had to be submitted to FEMA duringthe 90- day appeal period. Only appeals of the proposed flood hazard determinations supported byscientific or technical data could be considered before FEMA makes its final flood hazard

determination at the end of the 90- day appeal period.The revised FEMA Field Insurance Study ( FIS) and Flood Insurance Rate Map ( FIRM) createdfor Hill County are FEMA' s base maps used for the management of floodplain developmentthroughout Hill County, City of Hillsboro and other communities participating in the NFIP. They

represent the base from which the City of Hillsboro and other communities within the county areobligated to regulate floodplain development under the NFIP. The City of Hillsboro' s continuedparticipation in the NFIP requires the official adoption of the effective FEMA countywide FISand FIRMs applicable to the area within Hillsboro' s corporate boundaries. The appropriate

method for the adoption of legally enforceable floodplain regulatory maps is the development andadoption of an ordinance which specifically references the current effective FIS and FIRMs.]

Community Development Director Jerry Barker covered the following information in aPowerPoint presentation.

IN THE BEGINNING!

City of Hillsboro Joined the National Flood Insurance Program

10/ 25/ 1974- Initial Flood Hazard Boundary Map ( FHBM)

06/ 18/ 1976- Revision FHBM

09/ 30/ 1980- Intital Flood Insurance Rate Map ( FIRM)

06/ 02/ 2011- FIRM Revision- Map Modernization Initiative

06/ 02/ 2011- Beginning of Hill County FIRM in a Countywide Format

What Was Flood Map Modernization?

In 2008 the City of Hillsboro took part in Federal Emergency Management Agency' sFEMA) Map Modernization initiative. FEMA had selected Hill County, including thecity of Hillsboro for a county-wide Digital Flood Insurance Study update

February 15, 2011 Council approved an amended Flood Damage Prevention Ordinance,and adopted Digital Flood Insurance Rate Map ( DFIRM) and Flood Insurance Study ( FIS)for Hill County, Texas and Incorporated Areas" Effective Date of June 2, 2011

Fast Forward to " What Is Risk MAP"?

Not only is flooding one of the most common and costly disasters, flood risk can alsochange over time because of new building and development, weather patterns and otherfactors


Although the frequency or severity of impacts cannot be changed, FEMA works withfederal, state, tribal and local partners across the nation to identify flood risk and promoteinformed planning and development practices to help reduce that risk through the RiskMapping, Assessment and Planning (Risk MAP) program

What' s Different in Determining Flood Risk?

The Hydrologic Modeling System (HEC-HMS) is designed to simulate the precipitation-runoff processes of drainage basins

Hydrologic Analyses were performed to establish peak discharge- frequency relationshipsfor each flooding source studied by detailed methods affecting the community

Floodplain boundaries for the 1- percent- annual- chance flood ( a.k.a. 100- year) events for

the 2016 approximate study streams were delineated using 2011 and 2013 Texas NaturalResources Information Systems ( TNRIS) LiDAR; USGS United States Geological SurveyNational Elevation Dataset ( NED); and Digital Elevation Model ( DEM) was used to

supplement areas not covered by the TNRIS LiDAR

Risk MAP

LIDAR, new technology, which stands for Light Detection and Ranging, is a remotesensing method that uses light in the form of a pulsed laser to measure ranges ( variable

distances) to the Earth

Base Level Engineering produces quality data. The Base Level Engineering productionapproach combines high-resolution ground elevation data, and modeling technologyadvancements to create engineering models and flood hazard data

These analyses are produced at a large scale, like a watershed, as opposed to targetingindividual stream reaches. The flood hazard information prepared is based off engineeringmodels that determine flood elevations along each stream reach studied

The data prepared provides flood hazard information to community officials and allows usto interact with analysis results and review areas identified as prone to flooding

Risk MAP Community Meetings:

09/ 09/ 2014- Discovery Meeting- FEMA, local officials, Community Coordination Officer,the community, and the study contractor

09/ 10/ 2014- Discovery Meeting- FEMA, local officials, Community Coordination Officer,the community, and the study contractor

08/ 17/ 2015- Flood Risk Review, local officials, Community Coordination Officer, thecommunity, and the study contractor

04/ 17/ 2018 Community Coordination Officer


FEMA Initiating Implementation of Risk Map

nFEMA published a notice of the proposed flood hazard determination in the Federal

Register and the Hillsboro Reporter concerning the appeal process on September 20, 2018and September 27, 2018

The notice provided up to 90 days of an appeal period. Hillsboro Community' s maprepository is located at the Community Development Department at City AdministrationBuilding

Following the appeal period, nobody came forward to appeal the proposed flood hazarddetermination

Following the appeal period, the City is required to adopt the Flood Insurance Rate MapsFIRM) and the Flood Insurance Study( FIS) with the adoption by local government entity

of an Ordinance for the purpose of flood damage prevention

Mr. Barker showed seven ( 7) slides reflecting " Flood Zone Changes" comparing years 2011 to2019, and noted the seven ( 7) areas throughout Hillsboro that changed.

Risk MAP

If the City fails to meet the FIRM map and FIS adoption deadline, the City could faceimmediate suspension or sanctions from the NFIP

7 Being suspended or sanctioned from the NFIP means that persons will not be able toobtain federally backed loans for residential or commercial development, because floodinsurance through the NFIP will not be available to them

Federal regulations require flood insurance on all structures located in the one percent

chance annual flood hazard areas ( 100- year floodplain). It is very important for Hillsboroto meet the FEMA mandate

City Staff recommends that Council authorize adoption of the ordinance approving FloodInsurance Rate Maps ( FIRM) and a Flood Insurance Study ( FIS) following the 2ndreading

With no further questions or comments from the Councilmembers, the Mayor Pro Tern opened

the Public Hearing at 6: 20 p. m. and no one spoke for or against the proposed ordinance. The

Public Hearing was closed at 6: 21 p.m. and the Mayor Pro Tern declared the first reading of theordinance completed. The final reading on the ordinance will be held at the November 19, 2019Council meeting.Proposed Ordinance No. 02019- 11- 13

0.. 1 Deliberate and Act on a Resolution Re- authorizing the Recommendation of the SelectionReview Committee to Award a Grant Administrator for Administrative Management

Services for the City' s 2019 Texas Capital Fund Grant Application Preparation and ProjectAdministration, if Awarded and Authorizing the City Manager or Mayor to Negotiate andExecute All Necessary Documents.


Mr. Barker said the City intends to submit an application to the Texas Capital Fund ( TCF) thoughthe Texas Department of Agriculture ( TDA). This application submission could provide fundingfor infrastructure improvements that could benefit Project Maverick. The City solicited Requestsfor Proposals ( RFP) to Grant Administrators for administrative services to five firms, followingproper publications and notices, and scoring in accordance to TDA guidelines. The SelectionReview Committee' s recommendations were to select Traylor & Associates out of Tyler, Texas.

Council accepted the recommendation of the Selection Review Committee and authorized

passage by Resolution No. R2019- 09- 48. Following discussions with Gary Traylor, it wasdetermined that there would be local fund contributions required by the Grant Administrator thatwould not be covered by reimbursement through the grant. These local funds provide grantadministration and application preparation services for the Texas Capitol Fund Grant, which

requires matching local funds to cover the cost of environmental review, application preparationand possible additional engineering services.

At the request of the City, the Hillsboro Economic Development Corporation Board of Directorsby Resolution No. R2019- 10- 01, agreed to provide up to $ 75, 000 to cover the matching costsidentified by Gary Traylor with Traylor & Associates that are not covered by grant funds. Staffpreferred to bring this back to Council prior to executing the Texas Capital Fund GrantAdministration Contract.

On motion by Councilmember Fleming and second by Councilmember Skelton the resolution wasapproved.



Deliberate and Act on a Resolution Approving an Application For Funding Through theTexas Department of Agriculture Texas Capital Fund Infrastructure Grant Program and

Authorizing the City Manager or Mayor to Negotiate and Execute All NecessaryDocuments.

Mr. Barker said this resolution will authorize the City to submit an application for funding to theTexas Department of Agriculture ( TDA) / Texas Capital Fund ( TCF) funds. The purpose of this

application would be to acquire funds to construct infrastructure improvements for a proposed

Project Maverick facility within the City. The amount of funds to be requested would be1, 000, 000.

If the resolution is approved, Council would be approving an application for the: Texas CapitalFund Infrastructure Grant Award for JOHNS MANVILLE; Street Improvements - $ 940, 000

Texas Capital Fund Grant Funds); Administration ( Grant) - $ 60, 000. 00 ( Texas Capital FundGrant Funds) for a TOTAL of- $ 1, 000,000. ( Address of business will be 858 Johns ManvilleDrive, Hillsboro, TX 76645).

Further, the City Council would also agree to comply with all assurances executed inconnection with the application and, if funded the award, all funds would be used in accordance

with all applicable federal, state, local and programmatic requirements including but not limited toprocurement, environmental review, labor standards, real property acquisition, and civil rightsrequirements. The City Council would also authorize the City Manager or Mayor to negotiate andexecute all necessary documents in connection with this application and the City' s participation inthe Texas Community Development Block Grant Program. The City would also commit toprovide cash matching funds in the amount of $34, 770 provided by the Hillsboro 4a EconomicDevelopment Corporation as cash matching funds for completion of the proposed publicinfrastructure improvements.


On motion by Councilmember Robinson and second by Councilmember Lloyd the resolution wasapproved.



Deliberate and Act on a Resolution Relating to Compliance of All Federal Rules andRegulations, Including Those Rules and Regulations Governing Citizen Participation andCivil Rights Protections With the City' s Anticipation of Receipt and Acceptance of FederalFunding and Authorizing the City Manager or Mayor to Negotiate and Execute AllNecessary Documents.Mr. Barker said the proposed resolution would ensure the City, in anticipation of receiving andaccepting of federal funds, would comply with all federal rules and regulations, including thoserules and regulations governing citizen participation and civil rights protections relating to grantfunding through the Texas Department of Agriculture ( TDA)/Texas Capital Fund ( TCF) funds.Upon approval of the proposed resolution, Council would adopt/reaffirm the following: CitizenParticipation Plan and Grievance Procedures; Section 3 Policy; Excessive Force Policy; Section504 Policy and Grievance Procedures; Code of Conduct Policy and the Fair Housing Policy.On motion by Councilmember Skelton and second by Councilmember Robinson the resolutionwas approved.


Resolution No. R2019-11- 62

Hear and Deliberate on City Manager' s Report on:a. Street Improvements— The Street Department continues to work on preparing streets

for the asphalt overlay. They removed the top layer of pavement on the section ofRudy Street that will be reconditioned. They will continue working this week to cutthe pavement on two other streets, remove the top layer of pavement and reconditionthe base. The contractor is scheduled to be here early next week to do the asphaltoverlay. It was reported that the reconditioned base on Hillcrest held up well duringthe recent rains.

b. Main Street— Preparation is underway on the downtown Christmas lights project. It

was noted that the Street Department crews would concentrate on the street projects

and not be pulled to work on the Christmas light projects.

c. Community Appearance — Progress has been made on the two demolition locations

that are left to be cleaned up. Chief Cain reported that the Fire Department did

training on an additional house on the 100 block of Lowery on the west side of townand it has been demolished as well.

d. Local History and Genealogy Library and Building for Antique Fire Engines —The contract for the work on the Genealogy Library is still a work in progress.


There being no further business, the meeting was adjourned at 6: 30 p.m.

F 4

Scott Jonson, MayoTernPro

ATTEST:

OctAna,,,-.)Karen S. Warren, City Secretary
