JOINT AGENDA NORTHEAST TEXAS ECONOMIC DEVELOPMENT DISTRICT AND ARK-TEX COUNCIL OF GOVERNMENTS BOARD OF DIRECTORS MEETING
September 24, 2020, The Northeast Texas Economic Development District (NETEDD) and Board of Directors of the Ark-Tex Council of Governments (ATCOG) will meet at 10:00 am, Thursday, September 24, 2020, at the ATCOG Texarkana office located at 4808 Elizabeth St., Texarkana, Texas, 75503, as well as, via teleconference/webinar. Due to COVID-19, we ask that only Board Members and ATCOG staff attend in person, and wear proper face coverings until seated. If attending via Zoom, use the following information to register for the meeting: https://zoom.us/meeting/register/tJMldO-sqj8jEt3hO2DoBisNuwbeCtp-N0Op If you experience issues while registering or do not have access to a computer, please contact Erin Chewning no less than two (2) workdays prior to the meeting at 903.255.3555 or email@example.com.
Item 1. Call to order – Quorum Determination.
Item 2. Invocation.
Item 3. Public Comment. ATCOG invites members of the public to provide oral comments on any item included on this agenda under this item. Each person wishing to make public comment shall be limited to 3 minutes with comments directed to the Board as a whole. Reasonable accommodation shall be made for members of the public utilizing a translator for public comment. NETEDD Agenda Items
Item 4. Approval of the minutes as submitted for the NETEDD meeting held Thursday, May 28, 2020, via teleconference/webinar. (See page 4) Item 5. Review and consider approval of NETEDD’s portion of ATCOG’s Financial Plan for the fiscal year ending September 30, 2021. (Handouts to be provided at the meeting, to be presented by Executive Director Chris Brown) Item 6. Review and consider approval to proceed in the submission of the Revolving Loan Fund (RLF) COVID19 Plan with Addendum for the North East Texas Regional Development Corporation as required by the Economic Development Administration (EDA) for approval funding. (See page 8 and Addendum page 1; to be presented by staff member Melody Harmon) Item 7. Review and consider approval for the ATCOG Executive Director to apply for a 3 Year NETEDD Planning Grant through the U.S. Department of Commerce Economic Development Administration (EDA). (See page 10; to be presented by staff member Toni Lindsey) This concludes all NETEDD agenda items. ATCOG Board of Directors Agenda Items
Item 8. Review and consider consent agenda items. (To be presented by Executive Director Chris Brown) Page 1 of 66 • Approval of the minutes as submitted for the ATCOG Board of Directors Meeting held Thursday, June 25, 2020, via teleconference/webinar. (See page 12) • Ratification of the Interlocal Cooperation Agreement between ATCOG and the Public Safety Office within the Office of the Governor. (See Addendum page 21) Executive Closed Session
Item 9. The Board of Directors will recess the Open Session and go into Executive Closed Session to discuss personnel matters as allowed in the Texas Open Meetings Act, Section 551.074, Executive Director’s performance evaluation. Open Session/Review and Comment
Item 10. The Board of Directors will reconvene in Open Session and take action on Item 8, as necessary. (To be presented by Board President, L.D. Williamson, Judge, Red River County)
Item 11. Review and comment on Environmental Assessments to the Texas Commission on Environmental Quality (TCEQ) for proposed Texas Pollutant Discharge Elimination System (TPDES) permit renewals to authorize the discharge of treated wastewater by the following: (See page 16; to be presented by staff member Paul Prange)
• City of DeKalb – the facility is located approximately 2.1 miles south of the intersection of US Hwy 82 and FM 992 in Bowie County, Texas.
• City of Paris – the facility is located at 3700 Lake Crook Road, approximately one mile west of U.S. Highway 271, directly east of Lake Crook Dam and north of the City of Paris in Lamar County, Texas.
• City of Texarkana, Texas – the facility is located at 4,000 South State Line Avenue, Texarkana, in Bowie County, Texas.
• The City of Blossom – the facility is located approximately 3,000 feet southwest of the intersection of U.S. Highway 82 and FM 1502, approximately 4,000 feet east of the intersection of FM 194 and FM 196 in Lamar County, Texas. Regular Business
Item 12. Review and consider approval of ATCOG’s Financial Plan for the fiscal year ending September 30, 2021. (Handouts to be provided at the meeting; to be presented by Executive Director Chris Brown)
Item 13. Review and consider annual renewal of the ATCOG Ethics Policy Manual and review Transportation Program funding requirements pertaining to integrity and ethical behavior as mandated by the Texas Transportation Commission and Texas Department of Transportation (TXDOT). (See page 20; to be presented by staff member Leslie McBride) Item 14. Review and consider approval of updates to the Equal Employment Opportunity Plan as required by the Texas Department of Transportation. (See page 23 and Addendum page 46; to be presented by Ms. McBride)
Item 15. Review and consider adoption of the ATCOG Flexible Benefits Cafeteria Plan for F.Y. 2021, as authorized under Section 125 of the Internal Revenue Code of 1986. (See page 25 and Addendum page 70; to be presented by Ms. McBride) Page 2 of 66
Item 16. Review and consider approval of the revisions to the Area Agency on Aging Regional Advisory Council by-laws. (See page 46; to be presented by staff member Lisa Reeve)
Item 17. Review and consider approval of the purchase of 30 Operator Safety Barriers for the TRAX Rural Transportation transit fleet. (See page 52; to be presented by staff member Mark Compton)
Item 18. Review and consider approval of a resolution selecting Pattillo, Brown & Hill, LLP to provide auditing services to begin October 1, 2020. (See page 54; to be presented by staff member Mary Beth Rudel)
Item 19. Review and consider approval of the Ark-Tex Council of Governments joining a coalition with the cities of Texarkana, TX, Texarkana, AR, and TexAmericas Center to submit a grant application to the EPA Brownfields Program in an effort to obtain hazardous substances and petroleum assessment funds in the amount of $600,000.00 to be utilized within Bowie County, Texas and Miller County, Arkansas. (See page 56; to be presented by Mr. Prange) (Lunch to be served) Other Business Item 20. ATCOG annual meeting presentations. Announcements The next Executive Committee meeting will be held Thursday, October 29, 2020, at 10:00 am, location, and meeting format to be determined. Pursuant to the Texas Open Meeting Act, Government Code Chapter 551 one or more of the above items may be considered in an executive session closed to the public, including but not limited to consultation with attorney pursuant to Texas Government Code Section 551.071 and Section 551.074 arising out of the attorney’s ethical duty to advise ATCOG concerning legal issues arising from an agenda item. Any decision held on such matters will be taken or conducted in an open session following the conclusion of the executive session. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Administration at 903-832- 8636 two (2) workdays prior to the meeting so that appropriate arrangements can be made. All agendas are sent electronically and available at www.atcog.org. Should any Board Member need a copy printed and available at the meeting, please call 903.255.3555 or email firstname.lastname@example.org. Page 3 of 66
JOINT MINUTES NORTHEAST TEXAS ECONOMIC DEVELOPMENT DISTRICT AND ARK-TEX COUNCIL OF GOVERNMENTS EXECUTIVE COMMITTEE MEETING MAY 28, 2020 The North East Texas Economic Development District (NETEDD) and the Executive Committee of the Ark-Tex Council of Governments (ATCOG) met at 10:00 am, Thursday, May 28, 2020, via teleconference/webinar. (This format was made allowable by Governor Abbott’s Office in a press release on March 16, 2020.) Item 1. L.D. Williamson, Judge, Red River County, called the meeting to order. Item 2. Brady Fisher, Northeast Texas Resource & Conservation Area, Inc. gave the invocation. Item 3. Executive Director Chris Brown presented for considering the adoption of rules regarding public comments during an open meeting. The rules allow public comment on any agenda item before or during the consideration of the item with a time limit of 3 minutes. Non-English speakers utilizing a translator to address the Board of Directors or Executive committee will be allowed twice the amount of time. Motion to approve was made by Bobby Howell, Judge, Bowie County, and seconded by Brian Lee, Judge Titus County. It was approved. Item 4. Public Comment. There were no members of the public present. NETEDD Agenda Items Item 5. The next order of business was to review and consider approval of the minutes as submitted for the NETEDD meeting held on April 30, 2020. The motion to approve was made by Scott Lee, Judge, Franklin County, and seconded by Judge Howell. It was approved. Item 6. Mr. Brown presented for consideration approval of the submission of grant applications to the U.S. Economic Development Administration (EDA) for CARES Act funding. Mr. Brown stated the Revolving Loan Fund (RLF) application in the amount of $550,000 is for a single supplemental financial assistance award with two components: (1) up to $500,000 to capitalize a new RLF to alleviate sudden and severe economic dislocation caused by the coronavirus (COVID-19) pandemic to serve the same lending area as our existing RLF award and (2) an additional ten percent of that amount to defray administrative costs necessary to establish the new RLF and to facilitate rapid and prudent lending to respond to the pandemic (the ten percent for administrative costs is in addition to, not a portion of, the funds used to capitalize the RLF). The Planning Grant, Supplemental Awards application, is for $400,000 to implement the agreed scope of work. The motion to approve was made by Judge Brian Lee and seconded by Teresia Wims, Mayor, City of Mt. Vernon. It was approved. Item 7. Melody Harmon, Economic Development Coordinator, presented for consideration approval of the NETEDD COVID-19 RLF Plan as required by the Economic Development Administration (EDA) for additional funding. Ms. Harmon stated that the staff had created a new COVID-19 RLF Plan, which mirrors the existing NETEDD RLF Plan but includes an additional section pertaining to COVID-19. The plan includes program-specific waivers and procedures specific to COVID-19 disaster loans and funds designated specifically for this purpose. Motion to approve was made by Travis Ransom, Mayor, City of Atlanta, and seconded by Marc Reiter, Mayor Pro Tem, City of Hooks. It was approved.