December 17, 2020 – City Council Meeting Minutes

Apr 20, 2021

Seymour City Council Regular Meeting December 17, 2020

A Regular City Council Meeting was held on Thursday, December 17, 2020, at City of Seymour Auditorium, 301 N. Washington St., Seymour, TX 76380.

This meeting was also streamed live on Facebook.

CALL TO ORDER/ ROLL CALL/PLEDGE OF ALLEGIANCE by Mayor Jon Hrncirik

at 6:02 p.m.

Council Present: Mayor Jon Hrncirik, Council Member Mary K. Fair, Council Member Lan Winn, Council Member Brian Broome, Council Member Monty Glass and Council Member Brenda Miller

Council Absent: None Counsel Present: None

Staff Present: Recording Secretary, Suzanne Shumate, ED Director, Lauren Bush, Salt Fork Supervisor, Todd Hrncirik, Police Officer, Paul Davis, Water/Sewer Supervisor, Robert Torrez

Guests: Ryann Willden, Jake Willden, Tiffany Varner, Gregg Kruse, Royce Stallcup, Charlie Rose

ANNOUNCEMENTS FROM THE MAYOR: The Mayor reported that the COVID numbers have risen extremely high and there have been five deaths in Seymour related to COVID. The Mayor also reported that one of the City Council members had a death in his family due to COVID. Mayor Hrncirik asked everyone to take a moment for silent prayer.

Mayor Hrncirik also wished everyone a fun and safe Merry Christmas and Happy New Year.

CITIZENS QUESTIONS AND I OR COMMENTS: None CONSENT AGENDA:

CONSIDER APPROVING THE CONSENT AGENDA AS FOLLOWS:

a.) Approve Regular City Council meeting minutes for October 15, 2020, Amended November 2, 2020, November 19, 2020

SEYMOUR CTTY COUNCIL MGULAR MEETING MINUTES DECEMBER 17, 2020 @ 6:00 P.M. CITY OF SEYMOUR AUDITORIUM

301 N. WASHINGTON ST, SEYMOUR, TX 76380

PG. 2

b.) 1. Employee List and SFRC Membership Total Report

Administration & Supervisor monthly reports

A motion was made by Monty Glass to approve the Consent Agenda, seconded by Brian Broome, motion carried 5-0.

END OF CONSENT AGENDA

Mayor Hrncirik announced that over the past few meetings, there have been some issues concerning how an individual can talk during at city council meeting, as a guest. Mayor Hrncirik reported that he had clarification on House Bill 2840. On every agenda item, the citizens have a right to comment on it, however the Mayor has a right to decide how to do that. The Mayor stated that as a Council, they have decided that starting with this meeting and for all future meetings, if a citizen has a comment on an agenda item, the citizen will be allowed to comment first, before that agenda item is opened up for discussion by the council. The citizen will get two minutes to make their comments to the council and then after that, it will go before the council and they will discuss it. Mary K. Fair spoke up and questioned when this decision was made by the council. Mayor Hrncirik responded by saying the decision was made by council just now and then rephrased his comment by saying, he as the Mayor made the decision. Mayor Hrncirik also stated that he was presented with a copy of House Bill 2840, five minutes prior, while the council was upstairs eating. Mary K. Fair stated that the council did not decide on this House Bill and then questioned if City business was being conducted during supper. Mayor Hrncirik responded by saying City business was not conducted and he stated that he was wrong when he stated the council made the decision because the decision was made by him, as the Mayor.

Discuss, consider, and approve the 2018-2019 City of Seymour Audit Report as presented by Shannon Strickland with Eide Bailly via Tele Conference.

Mayor Jon Hrncirik called Shannon Strickland with Eide Bailly on the phone and put her on speaker phone for e\/eryone to hear the audit report that she had to present. Monty Glass made a motion to approve the 2018-2019 City of Seymour Audit report as presented by Shannon Strickland with Eide Bailly, seconded by Brenda Miller, motion carried 5-0.

REGULAR MEETING CLOSES AND PUBLIC HEARING BEGINS AT 6:28 P.M.

The City of Seymour will conduct a public hearing regarding City of Seymour Transfer Station hours of operation.

Charlie Rose addressed the City Council and suggested to the council that at least two days of the week the hours are modified to at least 5:30 p.m. or 6:00

p.m. so that those that work until 5:00 p.m. can get out to the Transfer Station.

PUBLIC HEARING CLOSES AND REGULAR MEETING RESUMES AT 6:30 P.M.

Discuss, consider, and take action to approve Ordinance No. 2020-12, section F. 11.105, describing Transfer Station hours of operation.

Monty Glass made a motion to approve Ordinance No. 2020-12, section F. 11.105, seconded by Brian Broome, motion carried 4-1with Mary K. Fair opposing.

Discuss, consider, and take action to re-discuss the City of Seymour and Royce Stallcup land lease agreement.

Charlie Rose addressed the City Council and suggested that when someone is directly affected by an item on the agenda, that person needs to be invited to the meeting. Charlie states that Royce Stallcup has done everything he can to get the fences built in an attempt to be in compliance. He asked the council to reconsider their position on breaking the lease, when Royce has done everything to comply.

Royce Stallcup addressed the council and related what he and Nick with TCEQ had discussed regarding the fences around the wells at the RO plant. Robert Torrez, Water/Waste Water Supervisor also addressed the council and related what Nick with TCEQ had discussed with him.

Mayor Hrncirik read a report from TCEQ that stated during an investigation conducted September 25*h and November 6*, it was documented that all the wells at the RO Plant were subject to potential contamination due to no barrier being present to prevent the cattle from being within 50 feet from the wells. This includes wells 1-14.

Brian Broome made a motion to give direction to Robert Torrez to set up a meeting with TCEQ and get the correct information and date for the deadline and address this item again at the January City Council meeting, seconded by Lan Winn, motion carried 4-0. Monty Glass abstained from voting.

Discuss, consider and take action after hearing from Jake Willden, on

property located and described as 1100 N. Foley Street.

Jake Willden addressed the council stating that he has received calls from five different people at the City regarding the property at 1100 N. Foley St., he is leasing out. Mr. Willden stated he has been sited for various things in regards to this property and as soon as he corrects one violation, another violation is brought to him. Mr. Willden would like to know who it is and what the issue is with the company he is leasing this property to. Mr. Willden would like to work out the issues with whomever it is, that has the problem.

After much discussion regarding the vehicles, equipment and machinery that is parked at and around this property, Lauren Bush spoke and recommended that Mr. Willden move the fence, any debris or other materials that may be around a utility, like water, sewer or electrical pole and make sure tenants park street side

and she also recommended Mr. Willden go through the Specific Use Permit process and pursue a permit for Mr. Willden to continue to use this property in the fashion that he is using it, until the lease agreement is up.

Mary K. Fair made a motion that the property owner make sure that the fence that is blocking the alleyway is moved, he has agreed to have the fence moved and any materials by Monday at 5:00 p.m., and code compliance will follow up on it, seconded by Brenda Miller, motion carried 5-0.

Discuss, consider and take action to approve Ordinance No. 2020-13, relating to the City of Seymour, Chapter 1, General Provisions as reviewed and updated. This ordinance will repeal all past ordinances.

Once the council began discussion on this agenda item, Mary K. Fair had questions, changes and or corrections regarding each of the Ordinances that were on this agenda. Monty Glass made a motion to table this item and let Lauren Bush and Mary K. Fair get together and discuss changes, seconded by Brian Broome, motion carried 5-0.

Brenda Miller made a motion to un-table Ordinance 2020-13, seconded by Brain Broome, motion carried 5-0.

Mayor Hrncirik requested a motion to approve Ordinance 2020-13 and this item died due to a lack of motion.

Discuss, consider and take action to approve Ordinance No. 2020-14, relating to the City of Seymour, Chapter 2, Animal Control as reviewed and updated. This ordinance will repeal all past ordinances.

Monty Glass made a motion to table this item and let Lauren Bush and Mary K. Fair get together and discuss changes to this Ordinance, seconded by Brain Broome, motion carried 5-0.

Brenda Miller made a motion to un-table Ordinance 2020-14, seconded by Brain Broome, motion carried 5-0.

Mayor Hrncirik requested a motion to approve Ordinance 2020-14 and this item died due to a lack of motion.

Discuss, consider and take action to approve Ordinance No. 2020-15, relating to the City of Seymour, Chapter 3, Building & Construction, as reviewed and updated. This ordinance will repeal all past ordinances. Monty Glass made a motion to table this item and let Lauren Bush and Mary K. Fair get together and discuss changes to this Ordinance, seconded by Brain Broome, motion carried 5-0.

Brenda Miller made a motion to un-table Ordinance 2020-15, seconded by Brain Broome, motion carried 5-0.

Mayor Hrncirik requested a motion to approve Ordinance 2020-15 and this item died due to a lack of motion.

Discuss, consider and take action to approve Ordinance No. 2020-16, relating to the City of Seymour Chapter 4, Business and Commerce, as reviewed and updated. This ordinance will repeal all past ordinances. Monty Glass made a motion to table this item and let Lauren Bush and Mary K. Fair get together and discuss changes to this Ordinance, seconded by Brain Broome, motion carried 5-0.

Brenda Miller made a motion to un-table Ordinance 2020-16, seconded by Brain Broome, motion carried 5-0.

Mayor Hrncirik requested a motion to approve Ordinance 2020-16 and this item died due to a lack of motion.

Discuss, consider and take action to approve Ordinance No. 2020-17, relating to the City of Seymour, Chapter 5, Fire Protection, as reviewed and updated. This ordinance will repeal all past ordinances.

Monty Glass made a motion to table this item and let Lauren Bush and Mary K. Fair get together and discuss changes to this Ordinance, seconded by Brain Broome, motion carried 5-0.

Charlie Rose was given the opportunity to comment on this agenda item. Mr. Rose suggested that before these ordinances are brought up for a vote again and in order to have a public hearing where the public is to be informed, these ordinances need to be published and give the public time to read them.

Brenda Miller made a motion to un-table Ordinance 2020-17, seconded by Brain Broome, motion carried 5-0.

Mayor Hrncirik requested a motion to approve Ordinance 2020-17 and this item died due to a lack of motion.

Discuss, consider and take action on information received from TOASE (Taylor-Olsen-Adkins-SralIa-EIam), Attorneys & Counselors.

Brian Broome made a motion to accept this proposal to be written up in a contract for review and be approved at a future meeting, seconded by Monty Glass, motion carried 5-0.

Discuss, consider, and approve the City of Seymour bills paid for the month of November 2020, in the amount of $498,721.46.

A motion was made by Monty Glass and seconded by Brian Broome to approve the bills paid in the month of November 2020, motion carried 5-0.

Discuss, consider and give direction to ED Director Lauren Bush, regarding a City of Seymour Logo for City vehicles.

Brenda Miller made a motion to give Lauren Bush direction to take the options she submitted to council along with additional options presented by the council for future review and consideration by the citizens of the City of Seymour, seconded by Monty Glass, motion carried 5-0.

Discuss, consider, and take action regarding Tiffany Varner Specific Use Permit.

Lauren Bush addressed the council regarding this agenda item. Lauren related that the agreement in the previous Specific Use Permit was that in 90 days it would go for review to see if the sewer line had been connected for sanitation purposes and according to the follow up review conducted by Robert Torrez, Water/Wastewater Supervisor, the sewer line has not been connected.

Ms. Varner has issued a Specific Use Permit extension request.

Monty Glass made a motion to give Ms. Varner a 60-day extension, seconded by Lan Winn, motion carried 5-0.

Discuss, consider and take action to grant a 2-hour vacation incentive for volunteer project participation as explained by ED Director, Lauren Bush. Lauren Bush recommended giving 2 hours of vacation to employees that participate as representatives of the City in volunteer situations. A motion was made by Monty Glass to grant a 2-hour vacation incentive for volunteer project participation, seconded by Brian Broome, motion carried 5-0.

Discuss, consider and take action regarding Golf Cart Bid(s) received for a Yamaha Gas Golf Cart, to be sold as is.

Mary K. Fair made a motion to accept Justin Cook’s bid of $300.00, seconded by Lan Winn, motion carried 5-0.

Discuss, consider, and take action regarding Seymour Shooting Range update with Todd Hrncirik.

Nick Wiles addressed the council on this item. Nick expressed his concern on wanting to see the Shooting Grounds reopened.

Charlie Rose also addressed the council with his concern of the safety issues at the Shooting Grounds.

Todd Hrncirik provided the council with a list of rules he has been working on for the Shooting Grounds and provided the council with some information he received regarding the locks/keys and game cameras for the Shooting Grounds. Todd asked the council to review the rules and make any additions or deletions to the rules.

Mayor Hrncirik asked if there had been any activity in the gun range area and Todd related that the front gate was locked, and he was the only one that had a key to the front gate, but Todd reported that it appeared that someone had drove through the back gate recently. Brenda Miller asked Todd if he was the only one that had a key to the back gate and Monty Glass spoke up and related that the City did not have a key or combination to the chain and lock on the back gate. There was discussion back and forth between the council, Todd, and Mr. Rose as to whom the chain and lock on the back gate belong to. Todd also reported that one chair was out in that area on number 16 and he had taken all

the fold up chairs from that area and put them up in the building.

Todd asked Mr. Rose if he could put a City lock on the back gate for Mr. Rose’s protection and Mr. Rose said it was okay to put a second lock on the back gate. After more discussion about the rules, locks, and game cameras a motion was made by Monty Glass for Todd to get the lock, keys and game cameras ordered at 8:00 a.m. tomorrow morning and leave the Shooting Grounds closed until safety issues are figured out, seconded by Brian Broome, motion carried 5-0.

REGULAR MEETING CLOSES AND EXECUTIVE SESSIONS BEGINS AT 9:27 P.M.

An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas local Government Code 551.074; Personnel — Code Enforcement Supervisor position.

An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas Local Government Code, 551.074; Personnel: City Administrator position.

EXECUTIVE SESSIONS CLOSE AND REGULAR MEETING RESUMES 10:30 P.M.

Discuss and take action regarding deliberations from Executive Session; Personnel: Code Enforcement Supervisor position.

Brian Broome made a motion to hire Lauren Bush as the Code Enforcement Supervisor in addition to her current position, seconded by Brenda Miller, motion carried 5-0.

Discuss and take action regarding deliberations from Executive Session; Personnel: City Administrator position.

Mayor Pro-Tern Monty Glass conducted this Executive Session agenda item. Mayor Hrncirik was not present for this Executive Session item since he has applied for the City Administrator position.

Brian Broome made a motion to extend the time to receive applications for City Administrator until close of business January 4, 2021 at 5:00 p.m., seconded by Mary K. Fair, motion carried 4-0.

23. Adjournment

A motion was made by Brian Broome to adjourn at 10:41 p.m., seconded by Monty Glass, motion carried 4-0.

Approved this , day of

Mayor Jon Hrncirik

20 .

Attest: Recording Secretary, Suzanne Shumate