February 18, 2021 – City Council Meeting Minutes
Apr 20, 2021
Seymour City Council
Regular Meeting Minutes
February 18, 2021
A Regular City Council Meeting was held on Thursday, February 18, 2021 at 7:00 P.M. at the Portwood Art & Civic Center, 800 E. Morris Street, Seymour, TX 76380.
Call to Order/Roll Call/Pledge of Allegiance by Mayor Jon Hrncirik at 7:00 p.m.
Council present: Mayor Jon Hrncirik, MPT Monty Glass, Council Member Lan Winn, Council Member Brenda Miller, Council Member Brian Broome, Council Member Mary K. Fair.
Counsel present: City Attorney was not present at this meeting.
City Staff present: City Secretary Conchita Torrez, ED Director Lauren Bush, Water/Sewer/R.O. Plant Supervisor Robert Torrez, Emergency Management Coordinator John Hostas, Salt Fork Recreational Complex Supervisor Todd Hrncirik, Street Supervisor Shawn Sanchez, Street Employee John Lynch, Seymour Police Officer Paul Davis, Seymour Police Sergeant Bryce Sawyer.
Guest(s): Nancy Boone, Mark McCord, Rick Moorhouse, Sandra Moorhouse, Charlie Rose, and Heather Winn.
Mayor Announcements: Mayor Jon Hrncirik took this time to state “This past week we have all experienced a winter storm that most of us have not seen in our lifetime. Most of our neighbors have experienced rolling blackouts, frozen pipes, and busted water lines. We have been asked to conserve electricity, conserve water, and now we are asked to boil water for consumption. We have all been forced with some type of adversity during these past 8 days. One thing has stayed strong, our will to survive as Seymour, Baylor County, Texans, and Americans.
I would like to say “Thank You” to our city water, electric, street, RO, sewer, Salt Fork, Police Departments and to our First Responders.
Also, “Thank You” to Loy Studer and Tommy Holub, for your dedication to keeping the water flowing. Thanks to County Judge Rusty Stafford for supplying 2 generators that have been powering the water wells during our electric outages. To Darin Hays and his crew for doing what had to be done to get the generators running. To our churches First Baptist, Harvest Fellowship and Sacred Heart Catholic Church for opening their doors as warming centers.
Last but not least “Thank You” to our Emergency Management Coordinator John Hostas. John and I have been through a lifetime of issues in this past year. I could not think of anyone better to be called to duty with. Thanks John Hostas. I am sure I have missed some and I apologize for that. Thank you and God Bless !!
Mayor Jon Hrncirik at this time asked that City Secretary Torrez explain House Bill 2840 to the Council and citizens: (This was taken from TML Assistant General Counsel-July 2019) House Bill 2840 is effective as of September 1, 2019. This bill amends the Texas Open Meetings Act to provide that “a government body shall allow each member of the public who desires the body regarding an item an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body’s consideration of the item.” Before the passage of the bill, the public had only the right to observe, rather than speak at, an open meeting of a governmental body.
City Secretary went on to say “Thank You” to Council Member Mary K. Fair for providing this House Bill for our information as it gave Mayor Hrncirik and I a chance to study it and I contacted my surrounding city secretaries to hear how they handle their meetings. Mayor Hrncirik and I had gone over it together to see what would best suit our city during our meetings.
The guidelines for this meeting will be the following:
1. Citizen questions and or comments may be made on a future agenda item or items they would like to see addressed the following month.
Mayor and Council may listen to citizens voice their concerns, but, by law may not go into discussion with them regarding any item that is not on the agenda. Citizens will have a total of 5 minutes to speak during this time.
2. For agenda items on the agenda Council will discuss the item at hand, and after they are finished addressing the agenda item, a citizen will be given the opportunity to speak on this item for a total of 4 (four) minutes. It will then go back to the council for a motion to pass or not.
This will hopefully bring more order to the meetings and it will not allow a citizen or citizens to speak constantly or burst out comments from the audience as we usually hear.
Citizen questions and or comments: At this time, Nancy Boone asked to address the Mayor and City Council.
Nancy Boone stated her name and had several questions to address with City Council.
Regarding the Gun Range the following questions were asked during her 5-minute allotted time:
1. What insurance does the City have for a public gun range?
2. Is this separate from the City?
3. Does the insurance company know about the gun range?
4. What happens when /if someone gets shot or killed on a neighboring property ?
5. Who pays the additional insurance?
6. Who made the decision to have a gun range?
7. Private parties at the gun range?
8. Gun range manager and paid by who ?
At this time Nancy was advised her 5 minutes were up.
She gave City Secretary the rest of the questions she wanted answered. By law, City Secretary or the appropriate party has 10 days to answer her questions from time of request ( February 28, 2021).
Note: The majority of the questions asked were questions that Mayor Hrncirik should answer. Therefore, City Secretary gave him the notes and he is to get with Suzanne and Mary Griffin for answers.
CONSENT AGENDA: (Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the Consent Agenda for separate discussion and action.)
1. CONSIDER APPROVING THE CONSENT AGENDA AS FOLLOWS:
a.) Approve January 6, 2021, January 18, 2021, January 21, 2021, February 2, 2021, and February 8, 2021 City Council Meeting Minutes.
b.) Accept Reports
1. Employee List/SFRC Membership total
2. Administrative & Supervisor reports
End of Consent Agenda
Motion made by MPT Monty Glass, seconded by Council Member Lan Winn, to approve consent agenda, with changes as stated by Council Member Mary K. Fair. Motion carried 5/0.
At this time, Mayor Hrncirik stated that due to the weather, our Executive Session would be moved to Wednesday, February 24, 2021. Mayor Hrncirik moved on to agenda item #4.
Regular Meeting closes and Executive Session will begin
2. An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas Local Gov. Code, §551.071- Consultation with Attorney, Pending Litigation.
Executive Session closes and Regular Meeting resumes
3. Discuss and take action (if any) regarding deliberation from Executive Session.
PUBLIC HEARINGS BEGIN
4. The City of Seymour to hold Public Hearings regarding City of Seymour Ordinances for the following as presented by ED Director Lauren Bush:
1. General Provisions 2. Animal Control
3. Building & Construction 4. Business & Commerce
5. Fire Protection
ED Director Lauren Bush stated that she did not have any discussion on these ordinances, and they had been discussed in lengths at the last council meeting. Council Member Fair thanked her for placing these ordinances on the website so that citizens could review them.
No one spoke for or against these ordinances, therefore, public hearing closed.
5. The City of Seymour to hold their First Public Hearing regarding a re-zone request from Ryan Dwyer for location at 610 N. Browning Street, described as Lots 1-3, Block 14, McLain Addition.
This agenda item was regarding the Specific Use Permit that was requested by Ryan Dwyer for location as stated on the agenda item.
ED Director Bush stated that this was simply to accept the application as no decision could be made at this time, due to a second Public Hearing required. Council Member Fair asked if this was for one or two properties? ED Director stated that after he wrote that he realized that one of the properties could not be on the permit.
Mayor Hrncirik moved on to the next agenda item being that there were not comments or questions asked by anyone in the audience.
PUBLIC HEARINGS CLOSE AND REGULAR MEETING RESUMES
6. Discuss, consider, and take action to approve Ordinance No. 2021-04, City of Seymour Ordinance – General Provisions.
Motion made by MPT Glass, seconded by Council Member Winn, to approve Ordinance No. 2021-04, General Provisions. Motion carried 5/0.
No one in the audience had any comments or questions before the motion was made.
7. Discuss, consider, and take action to approve Ordinance No. 2021-05, City of Seymour Ordinance- Animal Control.
Motion made by MPT Glass, seconded by Council Member Broome, to approve Ordinance No. 2021-05, Animal Control. Motion carried 5/0. Also, Lauren Bush is to get with Samantha Hamilton, Animal Control Officer regarding the 10-day waiting period after animals have been placed in pound. Police Sergeant was going to check on some questions with Samantha Hamilton.
No one in the audience had any questions or comments before the motion was made.
8. Discuss, consider, and take action to approve Ordinance No. 2021-06, City of Seymour Ordinance – Building & Construction.
Council Member Fair stated she would like to see the City of Seymour enforce the permit requirements.
Motion made by MPT Glass, seconded by Council Member Broome, to approve Ordinance No. 2021-06, Building & Construction as reads.
Motion carried 4/1 with Council Member Fair opposing.
No one in the audience had any questions or comments before the motion was made.
9. Discuss, consider, and take action to approve Ordinance No. 2021-07, City of Seymour Ordinance – Business & Commerce.
Motion made by MPT Glass, seconded by Council Member Winn, to approve Ordinance No. 2021-07, Business & Commerce. Motion carried 5/0.
No one in the audience had any questions or comments before the motion was made.
10. Discuss, consider, and take action to approve Ordinance No. 2021-08, City of Seymour Ordinance -Fire Protection.
Motion made by MPT Glass, seconded by Council Member Broome, to approve Ordinance No. 2021-08, Fire Protection. Motion carried 5/0.
No one in the audience had any questions or comments before the motion was made.
11. Discuss, consider, and take action regarding and reviewing from Tiffany Varner for Specific Use Permit Extension Request.
At the beginning of this discussion, Nancy Boone stated that Ms. Varner, should have been contacted in writing as due diligence, because people tend to forget and as far as Ms. Varner is concerned, she may not even know this council meeting is taking place. ED Director Lauren Bush stated that she did not contact her because she had been notified 60 days prior and given the exact date. Ms. Boone stated that she should have sent her a written letter and notified her in writing. Council Member Fair stated that anytime someone is to be on the agenda, they should receive notice, because as before, Mr. Stallcup was not notified when he was to be on the agenda months before. ED Director stated that Ms. Varner had been given the extension which had already expired for her recreational vehicle and it was to be sanitary. Nothing had been done as of the night of the meeting. She did not have to remove the recreational vehicle, but she would not be able to live on it.
Council Member Fair felt that the City has an obligation to notify a citizen if they are going to be on the agenda.
Council Member Broome stated he wished she had been notified and that she would have attended the meeting, but that she also was notified in writing 60 days ago and she had attended the meeting.
Council Member Winn stated that if Ms. Varner had done what she was supposed to do, we would not be having this conversation.
Mayor Hrncirik asked for Charlie Rose to come up and make his comment known. Mr. Rose stated that he wanted to make a point of order at that time, and Mayor told him he would have to wait, until Council finished discussing this agenda item.
Council at this time finished their discussion and Charlie Rose was allowed to speak.
Mr. Rose stated that he could have saved us the whole discussion due to there was no extension to be discussed because she had not filed one. So, legally she had until the end of business day after the last extension and could file another one so there was really no action to be taken other than give Lauren direction.
MPT Glass made a motion to give Lauren direction to contact Ms. Varner and let her know that her 60-day extension was up. Seconded by Council Member Miller. Motion carried 5/0.
12. Discuss, consider, and take action to approve the City of Seymour A/P bills paid the month of January 2021, in the amount of $549,157.20.
Council Member Fair asked regarding the Atmos Bill for the Conference Room Upstairs, Seymour Police Dept. and Street Barn and why they were so high ? Lauren explained that the pipes upstairs are frozen due to the weather and Robert explained that due to their equipment being stored at the City Barn, they do not want to take the chance of the cold weather ruining their equipment.
No one in the audience had any questions or comments.
Motion made by MPT Glass, seconded by Council Member Winn, to approve the City of Seymour Accounts Payable bills for the month of January 2021 in the amount of $549,157.20. Motion carried 4/1 with Council Member Broome abstaining from vote.
13. Authorize City Staff to advertise for City Wide Spring Cleanup Week to be held Saturday, April 10th through Sunday, April 18th, 2021.
No one in the audience had any questions or comments.
Motion made by MPT Glass, seconded by Council Member Broome, approving City Wide Spring Cleanup. Motion carried 5/0.
14. Discuss, consider, and take action to approve Resolution No. 1503, a resolution designating authorized signatory for the 2020 Texas CDBG Program, Contract #7220430.
No one in the audience had any questions or comments.
Motion made by MPT Glass, seconded by Council Winn, to approve Resolution No. 1503, regarding 2020 Texas CDBG Program, Contract #7220430. Motion carried 5/0.
15. Discuss, consider, and take action to approve Resolution No. 1504, a resolution adopting required CDBG Civil Rights Policies.
No one in the audience had any questions or comments.
Motion made by MPT Glass, seconded by Council Member Miller, to approve Resolution No. 1504, CDBG Civil Rights Policies. Motion carried 5/0.
16. Discuss, consider, and take action to approve Resolution No. 1505, as Fair Housing Month for the month of April. This resolution needs to be approved ahead of time for the 2020 Texas CDBG Program, Contract #7220430.
No one in the audience had any questions or comments.
Motion made by Council Member Brian Broome, seconded by Council Member
Mary K. Fair, to approve Resolution No. 1505, Fair Housing Resolution.
Motion carried 5/0.
TABLED ITEMS REMOVED FROM THE JANUARY 21, 2021, MEETING.
17. Discuss, consider, and take action after hearing presentation from Royce Stallcup, regarding Land lease.
Due to some personal issues, Royce Stallcup asked that this agenda item be moved to March 18, 2021, Regular City Council meeting.
Being that there is a deadline from TCEQ, that the City of Seymour is required to meet, a motion was made by Council Member Broome, seconded by MPT Glass, for City Secretary to add an Addendum to the February 24, 2021, Special Called Meeting and add the Royce Stallcup Land Lease to the agenda. Motion carried 5/0.
18. Discuss, consider, and take action regarding City of Seymour Equipment and Montgomery Tractor proposal as presented by Street Supervisor, Shawn Sanchez.
A lengthy discussion had regarding this agenda item that Street Supervisor Shawn Sanchez presented to the Mayor and City Council.
Council Member Broome asked how often was our equipment utilized that was up for trade ?
Supervisor Sanchez stated not often.
Council Member Fair felt that this was not a good time due to it being the middle of budget year. And the track loader was worth a lot more money than what is being offered.
Council Member Winn stated he was not for trading three of our equipment for just one of theirs.
Mayor asked for comments from the audience and Charlie Rose stated that it might be better to make a list of all the equipment that is not being used because it is not serving a purpose, so what is the point in having them ? Take that money put toward new equipment instead of having equipment in barn not being used.
Motion made by Council Member Brian Broome, seconded by Council Member MPT for all supervisors to make a list and evaluate all their equipment they feel they need and present at the Budget meetings.
Motion carried 5/0.
19. Re-Discuss Seymour Shooting Range rules as presented by Supervisor Todd Hrncirik.
Supervisor for Salt Fork Recreational Complex Todd Hrncirik and ED Director had gone over the rules with Council Member Mary K. Fair regarding the rules for the Seymour Gun Range.
There were too many changes and comments made by Council for me to type up and a very lengthy discussion. After Council reached rule #36, a 5-minute recess was made by Mayor Hrncirik and we reconvened at 9:52 p.m. Council reached discussion on shooting range rule #55 and Mayor Hrncirik asked if he could change the order of the meeting and discuss the rest of the agenda items so that citizens could go home after the discussion of their item. At 10:56 p.m. Mayor went on to agenda item
END OF TABLED ITEMS FROM JANUARY 21, 2021 MEETING.
20. Discuss, consider, and take action on quotes received from Austin Wood Recycling for Transfer Station Brush-Site in the amount of $13,950.00.
Charlie Rose made a comment during citizens questions or comments to make it happen.
Motion made by MPT Glass, seconded by Council Member Winn, to approve Austin Wood Recycling for Transfer Station Brush-Site for the amount of $13,950.00. Motion carried 5/0.
21. Discuss, re-evaluate, and take action regarding COVID 19 extension as discussed by Mayor Jon Hrncirik and City Council.
Mayor Hrncirik stated that Covid-19 Grant was intended for Cities, Businesses who had employees come down with COVID-19 and were to be paid with COVID-19 grant funds instead of using their sick leave. This grant is good through the end of March 2021 and will be up to the Council on whether they would like to extend it for a longer period of time or not.
After a discussion on this item, Mayor asked if anyone in the audience had anything to add to this.
Charlie Rose stated that our Sick Leave is Pre-COVID-19. If an employee gets sick, by law we are to stay home for two weeks. As a city employee you have to send them home so you all should really re-think this if you are going to mandate and send them home and the City should pick up the tab. He stated city employees do not get paid much anyways.
City Secretary stated that as a City Employee, I should also do what I can to help myself as well. I wear a mask and I have had my two vaccine shots. Not everyone wants to follow these guidelines and that is their choice. But I should not expect the City to help me if I do not help myself.
Motion made by MPT Glass, seconded by Council Member Winn, to extend the COVID-19 Grant until March 31, 2021 deadline. Motion carried 5/0 with Council Member Broome asking us to provide a copy of the Sick Leave information in the Personnel Policy Manual.
22. Discuss, consider, and take action to approve the annual Racial Profiling Report as presented by Seymour Police Department.
Sergeant Bryce Sawyer presented the annual Racial Profiling Report.
No one had any questions or comments from the audience.
Motion made by MPT Glass, seconded by Council Member Broome to accept the Racial Profiling Report as presented by Seymour Police Department. Motion carried 5/0.
23. Discuss and hear presentation regarding Non-Conforming RV Locations, as presented by ED Director Lauren Bush.
ED Director Bush wanted to inform the Council and public regarding the rules and regulations on Non-Conformance RV locations. She advised that before you start placing them in areas or on your property there are some things of most importance you should know:
1. Just because you have a sewer tap in your yard, does not mean you can have a recreational RV in your yard.
2. Know that you are required to do a Specific Use Permit, and we will be going around and asking you to submit an application.
Mayor Hrncirik stated that if you are planning to place an RV in your yard please come into City Hall and submit your necessary paperwork in with ED Director Lauren Bush and let us get legal. Recreational Vehicles are only allowed on a B-2 AREA.
No action was required on this agenda item, as it was a presentation.
24. Discuss, consider, and take action from update received from ED Director Lauren Bush, regarding 1007 Kenning Drive Building.
ED Director Bush stated that regarding 1007 Kenning Drive Building she had sent this email to Mr. Fan. The Seymour City Council is interested in the conveyance of the property located on Kenning Drive, however, there are a few things they would like for you to consider before an agreement is entered.
1. Clarify that you are meaning to convey, at no cost other than closing costs, to the City of Seymour the building and the acreage it sits on, to include the 2 forklifts, the man crane truck, and all the wind turbines that are located in and around the property.
2. They would like for the 10 acres behind the building to come with the agreement but are willing to add a contingency that if you ever do return and wish to develop it commercially then they will give that property back to you.
3. Our lawyer has provided us with a Gift Warranty Deed if you would like to use it for conveyance or are you planning on having your own documents drawn up?
4. you will need to determine if Baylor County allows for electronic filing for your signature of if we will have to mail you the originals for a signature and then you will have to mail it back to us.
Mayor asked if anyone had any questions or comments regarding this agenda item? Charlie Rose stated that other than closing cost and what a good idea he thought this was.
Motion made by Council Member Broome, seconded by MPT Glass, to allow for Bush to continue with this process. Motion carried 5/0.
Mayor Hrncirik stated that Council would be going back to discuss the remainder of the Shooting Range Rules.
Council completed going over all the rules and a copy will be provided by Todd Hrncirik once the approval of our Attorney is made known.
At this time Mayor Hrncirik allowed citizens to speak on this agenda item.
Charlie Rose and Mark McCord spoke regarding the gun range.
(Due to technical difficulties on my laptop, I did not hear their comments.)
Motion made by Council Member Broome, seconded by MPT Glass, to approve Shooting Range Rules with changes as discussed during the meeting and with Attorney approval. Motion carried 4/1 Nay by Council Member Fair.
25. Adjournment by Council Member Winn, seconded by MPT Glass to adjourn at 11:45 p.m. Motion carried 5/0.
Passed and Approved on this the 18th day of March 2021.
Mayor Jon Hrncirik
Attest:
City Secretary Conchita Torrez, TRMC