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Home My WebLink AboutCC 2025-04-28 Minutes MINUTES OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE APRIL 28, 2025 REGULAR MEETING A. CALL TO ORDER Mayor McCarty called the meeting to order April 28, 2025 at 7:00 p.m. Present: Jack McCarty Mayor Tito Rodriguez Place 1 Ricky Rodriguez Associate Mayor Pro Tern, Place 2 Suzy Compton Place 3 Matt Blake Place 4 Blake Vaughn Place 5 Russ Mitchell Place 6 Kelvin Deupree Mayor Pro Tern, Place 7 Staff Members: Paulette Hartman City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley A. Anderle City Attorney A.1 INVOCATION Council member Mitchell gave the invocation. A.2 PLEDGE Council member Mitchell led the Pledge of Allegiance to the United States and Texas flags. A.3 SPECIAL PRESENTATION(S)AND RECOGNITION(S) There were no items for this category. A.4 PUBLIC COMMENTS There were no requests to speak from the public. Council member Vaughn called for a point of information. Mayor McCarty recognized Council member Vaughn. Council member Vaughn asked to discuss and consider item April 28, 2025 City Council Meeting Minutes Page 1 of 12 F.5 after Executive Session. Mayor McCarty informed City Council that he would move consideration of item F.5 after the Executive Session. A.5 REMOVAL OF ITEM(S) FROM CONSENT AGENDA No items were removed from the consent agenda. B. CONSIDER APPROVAL OF CONSENT AGENDA ITEMS APPROVED A MOTION WAS MADE BY COUNCIL MEMBER MITCHELL, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO APPROVE THE CONSENT AGENDA ITEMS AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. B.1 APPROVE THE MINUTES OF THE APRIL 14, 2025 CITY COUNCIL MEETING. B.2 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 1 TO THE COOPERATIVE PURCHASE CUSTOMER AGREEMENT WITH WORLD WIDE TECHNOLOGY FOR THE PURCHASE OF TECHNOLOGY SOLUTIONS, PRODUCTS AND SERVICES, INCLUDING KNOWBE4 CYBERSECURITY TRAINING FOR LOCAL GOVERNMENT EMPLOYEES MANDATED BY TEXAS HOUSE BILL 3834, AND RATIFY PREVIOUS PURCHASES TOTALING $35,665 UTILIZING OMNIA PARTNERS COOPERATIVE AGREEMENT FOR A CUMULATIVE AMOUNT NOT TO EXCEED $73,000 THROUGH FISCAL YEAR 2025/2026. B.3 AUTHORIZE PURCHASE AGREEMENTS WITH MULTIPLE VENDORS FOR NRH2O FOOD SERVICE PRODUCTS FOR RESALE IN AN AMOUNT NOT TO EXCEED $275,000. C. PUBLIC HEARINGS There were no items for this category. D. PLANNING AND DEVELOPMENT There were no items for this category. E. PUBLIC WORKS There were no items for this category. April 28, 2025 City Council Meeting Minutes Page 2 of 12 F. GENERAL ITEMS F.1 APPROVE THE AWARD OF RFP# 25-014 TO COGENT INFOTECH CORPORATION FOR AN INFORMATION TECHNOLOGY OPERATIONAL EFFICIENCY AUDIT IN THE AMOUNT NOT TO EXCEED $90,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED PROFESSIONAL SERVICES AGREEMENT. APPROVED City Council received a presentation from City Manager Paulette Hartman. A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE THE AWARD OF RFP# 25-014 TO COGENT INFOTECH CORPORATION FOR AN INFORMATION TECHNOLOGY OPERATIONAL EFFICIENCY AUDIT IN THE AMOUNT NOT TO EXCEED $90,000 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED PROFESSIONAL SERVICES AGREEMENT. MOTION TO APPROVE CARRIED 7-0. F.2 RECEIVE THE FISCAL YEAR 2024 AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT AND FISCAL YEAR 2024 SINGLE AUDIT. APPROVED City Council received a presentation from Director of Finance Jay Patel and Rachel Ormsby with Forvis Mazars, presenting the scope and results of the audit. Ms. Ormsby provided City Council copies of the FY 2024 Single Audit and FY 2024 Annual Comprehensive Financial Report (ACFR). City Council, Ms. Ormbsy, and staff discussed audit recommendations, unassigned funds, and the city's standard for fund balances. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO RECEIVE THE FISCAL YEAR 2024 AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT AND FISCAL YEAR 2024 SINGLE AUDIT AS PRESENTED. MOTION TO APPROVE CARRIED 7-0. April 28, 2025 City Council Meeting Minutes Page 3 of 12 F.3 CONSIDER RESOLUTION NO. 2025-026, AUTHORIZING THE SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE UNITED STATES TENNIS ASSOCIATION 2025 TENNIS VENUE SERVICES GRANT FOR RICHLAND TENNIS CENTER. APPROVED City Council received a presentation from Director of Parks and Recreation Adrien Pekurney. A MOTION WAS MADE BY COUNCIL MEMBER COMPTON, SECONDED BY COUNCIL MEMBER RODRIGUEZ TO APPROVE RESOLUTION NO. 2025-026, AUTHORIZING THE SUBMISSION OF THE APPLICATION AND ACCEPTANCE OF ALLOCATED FUNDS IF AWARDED FOR THE UNITED STATES TENNIS ASSOCIATION 2025 TENNIS VENUE SERVICES GRANT FOR RICHLAND TENNIS CENTER. MOTION TO APPROVE CARRIED 7-0. F.4 DISCUSS AND APPROVE THE MINUTES OF THE MARCH 24, 2025 CITY COUNCIL MEETING. APPROVED A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER MITCHELL TO REMOVE THE MINUTES OF THE MARCH 24, 2025 CITY COUNCIL MEETING FROM THE TABLE. MOTION TO REMOVE ITEM FROM THE TABLE CARRIED 7-0. City Council received a presentation from City Secretary/Chief Governance Officer Alicia Richardson. A MOTION WAS MADE BY COUNCIL MEMBER MITCHELL, SECONDED BY COUNCIL MEMBER BLAKE TO APPROVE THE MINUTES OF THE MARCH 24, 2025 CITY COUNCIL MEETING AS ORIGINALLY PRESENTED. Council member Vaughn presented his proposed amendments for the March 24, 2025 City Council meeting minutes. City Council discussed the city's practice for minutes to include the subject and action taken by the City Council, proposed amendments, the video for work sessions being available on the website, and official record for City Council meetings. April 28, 2025 City Council Meeting Minutes Page 4 of 12 Council member Vaughn called for a point of information. Mayor McCarty recognized Council member Vaughn. Council member Vaughn stated that Council member Mitchell is referencing two sets of minutes. Council member Mitchell noted that the March 24 meeting minutes reflect Council member Vaughn left during the work session. The proposed revision submitted by Council member Vaughn states that he left the meeting in protest. It was not clear or stated by Council member Vaughn that his departure was in protest. COUNCIL MEMBER BLAKE MOVED, SECONDED BY COUNCIL MEMBER MITCHELL, TO SUSPEND DEBATE AND CALL FOR THE QUESTION. Council member Vaughn moved to appeal the decision of the chair recognizing Council member Blake's motion to suspend debate and call for the question. THE DECISION OF THE CHAIR WAS UPHELD WITH A VOTE OF 6-1; WITH MAYOR PRO TEM DEUPREE, ASSOCIATE MAYOR PRO TEM RODRIGUEZ, AND COUNCIL MEMBERS RODRIGUEZ, COMPTON, BLAKE, AND MITCHELL IN FAVOR AND COUNCIL MEMBER VAUGHN AGAINST. THE MOTION ON THE FLOOR BY COUNCIL MEMBER MITCHELL, SECONDED BY COUNCIL MEMBER BLAKE TO APPROVE THE MINUTES OF THE MARCH 24, 2025 CITY COUNCIL MEETING AS ORIGINALLY PRESENTED CARRIED 6-1; WITH MAYOR PRO TEM DEUPREE, ASSOCIATE MAYOR PRO TEM RODRIGUEZ, AND COUNCIL MEMBERS RODRIGUEZ, COMPTON, BLAKE AND MITCHELL VOTING IN FAVOR AND COUNCIL MEMBER VAUGHN VOTING AGAINST. G. CITIZENS PRESENTATION There were no requests to speak from the public. H. FUTURE AGENDA ITEM(S) There were no requests from City Council for future agenda items. I. INFORMATION AND REPORTS 1.1 ANNOUNCEMENTS Associate Mayor Pro Tern Rodriguez made the following announcements. Tuesday, April 29 is the last day for early voting and election day is this Saturday, May 3. Polling locations will be open from 7:00 a.m. to 7:00 p.m., including the Library, City April 28, 2025 City Council Meeting Minutes Page 5 of 12 Hall and other locations in Tarrant County. You can find more information on the city's website. Please contact the City Secretary's Office with any questions. The Sounds of Spring Concert Series continues each Friday night through May 16 on the plaza in front of City Hall. Admission is free. Seating starts at 6:00 p.m. and concerts begin at 7:00 p.m. Seating is on the lawn, so don't forget to bring a blanket or lawn chair. A variety of food trucks will be on-site for each concert. Please visit the city's website for more details. The NRH Library is hosting a Free Comic Book Day event from 10:00 a.m. to noon on Saturday, May 10. There will theme crafts, a scavenger hunt, Pokemon Card Swap, and free comics while supplies last. Family-friendly costumes are welcome and encouraged. Come dressed as your favorite hero and join the fun! Contact the Library for more details Kudos Korner - Todd Ryals, David Nichols and Chris Turner in Public Works - A resident posted her appreciation for the city staff who coordinated the reconstruction of Lake Side Circle. She said, "It's so nice now that its completed. Special thanks to Chris Turner for being so responsive to messages and calls relating to the progress, making visits to ensure the job was going well and meeting with neighbors to provide information. Appreciate you all!" J. EXECUTIVE SESSION 1. SECTION 551.071: CONSULTATION WITH THE CITY ATTORNEY TO SEEK ADVICE ABOUT PENDING OR CONTEMPLATED LITIGATION OR 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 OF TEXAS CLEARLY CONFLICTS WITH THE OPEN MEETINGS ACT - (1) CITY OF NORTH RICHLAND HILLS V. MANUEL FINANCIAL NO. 2, LLC ET AL, CASE NO. CC240015; (2) CITY OF NORTH RICHLAND HILLS V. MANUEL OLDSMOBILE, INC., CASE NO. CC240019, MUNICIPAL COURT NO. 2, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS; AND (3) WAIVER OF ATTORNEY CLIENT PRIVILEGE, RELATED TO RESOLUTION NO. 2025-021. Mayor McCarty announced at 7:51 p.m. that the City Council would adjourn into Executive Session as authorized by Chapter 551, Texas Government Code, specifically, Section 551.071: Consultation with the City Attorney to seek advice about pending or contemplated litigation or 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 of Texas clearly conflicts with the Open Meetings Act - (1) City of North April 28, 2025 City Council Meeting Minutes Page 6 of 12 Richland Hills v. Manuel Financial No. 2, LLC et al, Case No. CC240015; (2) City of North Richland Hills v. Manuel Oldsmobile, Inc., Case No. CC240019, Municipal Court No. 2, City of North Richland Hills, Tarrant County, Texas; and (3) Waiver of attorney client privilege, related to Resolution No. 2025-021. Mayor McCarty stated that due to Council member Vaughn's threatened litigation against the city that he would not participate in Executive Session for item 3, waiver of attorney client privilege, related to Resolution No. 2025-021. Council member Vaughn asked what law prohibits an elected official from attending executive session. City Attorney Bradley Anderle stated that legal advice is privileged and any person adverse to the city's position defeats the purpose to receive legal advice. Due to Council member Vaughn not recognizing his conflict of interest and threatened litigation, Mr. Anderle recommended that City Council take action to exclude Council member Vaughn from item 3 on the Executive Session. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tem Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the city attorney could represent the city and the elected official who has threatened litigation against the city and if the information discussed could be used against the city. Mr. Anderle clarified that as the city attorney he cannot represent both parties and the information discussed in Executive Session could be used against the city. Council member Vaughn called for a point of information. Mayor McCarty recognized Council member Vaughn. Council member Vaughn asked for the topic for item F.5 on the posted agenda. Mayor McCarty said that item F.5 is to discuss, consider, and act on the release of information related to the special meeting held on April 9, 2025, and Resolution 2025-021, and consider and act on waiving the attorney-client privilege for information that is to be released. Council member Vaughn asked why the discussion to act on waiving the attorney-client privilege is in Executive Session and not open session. Mayor McCarty said there are details regarding the city waiving the attorney-client privilege. Mr. Anderle advised his recommendation is that City Council receive his advice in Executive Session before waiving their attorney-client privilege. Council member Vaughn called for a point of information. Mayor McCarty recognized Council member Vaughn. Council member Vaughn asked if there is a restriction for the city attorney giving his advice to release attorney-client privilege in open session. Mayor April 28, 2025 City Council Meeting Minutes Page 7 of 12 McCarty said the discussion with the city attorney will be in Executive Session. MAYOR PRO TEM DEUPREE MOVED, SECONDED BY COUNCIL MEMBER BLAKE TO TABLE ITEM 3, WAIVER OF ATTORNEY-CLIENT PRIVILEGE RELATED TO RESOLUTION 2025-021 AND ITEM F.5. Council member Rodriguez said that he and Council member Compton are a party to the threatened litigation and they should be part of the discussion and action. He requested the City Council continue with the agenda items as presented. MAYOR PRO TEM DEUPREE WITHDREW HIS MOTION AND COUNCIL MEMBER BLAKE WITHDREW HIS SECOND. A MOTION WAS MADE BY MAYOR PRO TEM DEUPREE, SECONDED BY COUNCIL MEMBER BLAKE TO EXCLUDE COUNCIL MEMBER VAUGHN FROM EXECUTIVE SESSION FOR ITEM NO. 3. MOTION TO APPROVE CARRIED 6-1; WITH MAYOR PRO TEM DEUPREE, ASSOCIATE MAYOR PRO TEM RODRIGUEZ, AND COUNCIL MEMBERS RODRIGUEZ, COMPTON, BLAKE, AND MITCHELL VOTING IN FAVOR AND COUNCIL MEMBER VAUGHN VOTING AGAINST. City Council convened to Executive Session at 8:07 p.m. Executive Session began at 8:10 p.m. and concluded at 9:14 p.m. Mayor McCarty announced at 9:14 p.m. that City Council would convene to the regular City Council meeting. EXECUTIVE SESSION ITEMS - CITY COUNCIL MAY TAKE ACTION ON ANY ITEM DISCUSSED IN EXECUTIVE SESSION LISTED ON THE POSTED AGENDA. Mayor McCarty reconvened the City Council meeting at 9:16 p.m., with the same members present and announced that there was no action necessary as the result of the Executive Session. F.5 DISCUSS, CONSIDER, AND ACT ON THE RELEASE OF INFORMATION RELATED TO THE SPECIAL MEETING HELD ON APRIL 9, 2025, AND RESOLUTION 2025-021, AND CONSIDER AND ACT ON WAIVING THE ATTORNEY-CLIENT PRIVILEGE FOR INFORMATION THAT IS TO BE RELEASED. APPROVED The City Council received a presentation from City Attorney Bradley Anderle. April 28, 2025 City Council Meeting Minutes Page8of12 A MOTION WAS MADE BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER COMPTON TO RELEASE THE INFORMATION RELATED TO THE APRIL 9, 2025 SPECIAL MEETING AND RESOLUTION 2025-021, AND WAIVE THE ATTORNEY CLIENT PRIVILEGE FOR THOSE DOCUMENTS NUMBERED 1-22, SPECIFICALLY LISTED ON THE TABLE DISCUSSED IN EXECUTIVE SESSION AND THE RELEASE OF THAT ATTORNEY-CLIENT PRIVILEGE ONLY PERTAINS TO THESE ITEMS AND SHOULD NOT BE UNDERSTOOD TO APPLY TO ANY PAST OR FUTURE ITEMS THAT ATTORNEY-CLIENT PRIVILEGE IS AFFORDED. MOTION TO APPROVE CARRIED 7-0. Mayor Pro Tern Deupree said the table outlining the numbered items will be a public document and include the documents referenced in the table. He clarified the motion on the table is to waive all items identified in the table. City Council discussed the action from the previous City Council meeting to place an item on the following meeting to consider and act on releasing information related to Resolution No. 2025-021 and waiving related attorney client privilege, requests for public information to obtain correspondence from the city attorney, the threat of litigation filed by Council member Vaughn's lawyer to the City of North Richland Hills, and the City Council's action at the previous meeting to consider waiving attorney client privilege was before the city received correspondence from Council member Vaughn's attorney. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tem Rodriguez. Associate Mayor Pro Tem Rodriguez asked if all the information in the table is being released to the public. Mayor McCarty confirmed the city is not withholding information identified in the table. In response to Council member Vaughn's question, Mr. Anderle said the waiver applies to all documents listed in the table and referenced in the motion. Council member Vaughn asked if the information assembled and to be released is a partial release based on the opinion of the Council or secretary. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the documents include all information requested by Council member Vaughn. Mayor McCarty confirmed the information assembled is according to the request of Council member Vaughn. In response to Council member Vaughn's question, Mr. Anderle said the City Secretary gathered documents relevant and related to item F.S. He reconfirmed the waiver applies April 28, 2025 City Council Meeting Minutes Page 9 of 12 to the documents identified in the table. Council member Blake called for a point of information. Mayor McCarty recognized Council member Blake. Council member Blake asked if the documents include all relevant information related to the April 9 meeting and Resolution 2025-021. Mayor McCarty confirmed it includes all relevant information. Council member Blake called for a point of order [sic]. Mayor McCarty recognized Council member Blake. Council member Blake asked if all requested information will be released. Mayor McCarty confirmed the requested information would be released. City Council discussed the process for releasing the information. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked how requests for public information are released. City Secretary/Chief Governance Officer Alicia Richardson outlined the City Council's approved policy to request public information. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez inquired about charges for information released under the Public Information Act. City Attorney Bradley Anderle said charges are in accordance with the Public Information Act regarding staff time to compile. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez clarified the information has been collected. Mr. Anderle confirmed the information is collected. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the requested information could be provided quickly in response to a request for public information. Mr. Anderle said the information could be provided quickly. COUNCIL MEMBER VAUGHN MOVED, SECONDED BY ASSOCIATE MAYOR PRO TEM RODRIGUEZ TO AMEND THE MOTION TO REMOVE ANY CHARGES FOR THESE OPEN RECORD REQUESTS. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the motion should be specific to the items in the motion and not apply to all April 28, 2025 City Council Meeting Minutes Page 10 of 12 requests for public information. COUNCIL MEMBER VAUGHN RESTATED HIS AMENDMENT TO THE MOTION TO WAIVE ALL CHARGES ASSOCIATED WITH THE OPEN RECORD REQUESTS FOR THESE ITEMS. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the motion should be clarified so the motion is not interpreted to waive charges for future open record requests. Mr. Anderle said the main motion and amendment are sufficient. City Council discussed the proposed amendment. Associate Mayor Pro Tern Rodriguez called for a point of information. Mayor McCarty recognized Associate Mayor Pro Tern Rodriguez. Associate Mayor Pro Tern Rodriguez asked if the city has a request for the information. Mayor McCarty clarified the public would need to submit their request following City Council's approval to waive attorney-client privilege. MOTION TO APPROVE THE AMENDMENT CARRIED 4-3; WITH MAYOR PRO TEM DEUPREE, ASSOCIATE MAYOR PRO TEM RODRIGUEZ, AND COUNCIL MEMBERS COMPTON AND VAUGHN VOTING IN FAVOR AND COUNCIL MEMBERS RODRIGUEZ, BLAKE AND MITCHELL VOTING AGAINST. THE ORIGINAL MOTION ON THE FLOOR BY COUNCIL MEMBER BLAKE, SECONDED BY COUNCIL MEMBER COMPTON TO RELEASE THE INFORMATION RELATED TO THE APRIL 9TH 2025 SPECIAL MEETING AND RESOLUTION 2025-021, AND WAIVE THE ATTORNEY CLIENT PRIVILEGE FOR THOSE DOCUMENTS NUMBERED 1-22, SPECIFICALLY LISTED ON THE TABLE DISCUSSED IN EXECUTIVE SESSION AND THE RELEASE OF THAT ATTORNEY-CLIENT PRIVILEGE ONLY PERTAINS TO THIS THESE ITEMS AND SHOULD NOT BE UNDERSTOOD TO APPLY TO ANY PAST OR FUTURE ITEMS THAT ATTORNEY-CLIENT PRIVILEGE IS AFFORDED CARRIED 7-0. MOTION TO APPROVE CARRIED 7-0. K. ADJOURNMENT Mayor McCarty adjourned the meeting at 9:43 p.m. April 28, 2025 City Council Meeting Minutes Page 11 of 12 Jack McCarty, Mayor ATTEST: cfiL AN", • ra Alicia Richardson ®r n co • City Secretary/Chief Governtmapfficer 'IL • '4110 April 28, 2025 City Council Meeting Minutes Page 12 of 12