June 13, 2022 – City Council Meeting Minutes

Jul 26, 2022

CITY OF SEYMOUR CITY COUNCIL

PUBLIC NOTICE OF OPEN MEETING

MONDAY, JUNE 13, 2022

Re-Scheduled City Council Meeting, Monday, June 13, 2022, at 7:00 P.M. at  Portwood Art & Civic Center, 800 E. Morris Street, Portwood Art & Civic Center, Seymour, Texas. All notices have been duly posted in accordance and conformance with the Government Code of the State of Texas, Section 551.002(c).   The City of Seymour attempts to make its meetings accessible to all of its citizens.  If you have need of auxiliary aids, please notify the City Secretary at 889-3148, at least 48 hours in advance.  The following agenda will be considered:

1.  Call to Order, Roll Call, and Pledge of Allegiance by Mayor Jon Hrncirik  

7:00pm, June 13, 2022

Staff In Attendance:  Mayor Jon Hrncirik, MPT Les Hons, CM Mark McCord, CM Lan Winn, CM Monty Glass CW Sabrina Rivers, Administrator Dr. Jeff Brasher, Lauren Bush, Todd Hrncirik, Shawn Wieser, Mike Griffin, & John Davis

2.  Council member to lead Prayer – Les Hons

3.  City Administrator Dr. Jeffrey Brasher, Ed.D., recognizes Department of the Month, Salt Fork Recreational Complex

4.  Mayor or MPT Announcements – No Announcements

5.  City Administrator Reports

(a)  Contract / Salt Fork membership totals – 112 Members

(b)  City of Seymour Employee List

(c)  Supervisor Written Reports

(d)  City Events & Open House

Had a great fishing tournament at the SFRC.  TXPW and Waste Connections partnered with us.

(e)  Rabies Clinic-June 17th & 24th , 4:00-6:00 p.m., at the Portwood
Art & Civic Center

(f)  Update regarding the Toyota Forklift & Boom Truck

$7,600 for the Fork lift, $18,000 for the Boom Truck

(g)  2022-2023 Budget Development Update

Projected Revenues presented to Council.

(h)  Waste Connections transition

(i)  City Financial Report

CM Mark McCord – I was disappointed in how the bids were handled for the Truck & Forklifts because the motion was made to end the bids on May 29th and Dr. Brasher chose to extend the bid window past the date that was agreed upon in public.  My opinion is that what we have agreed upon in public should be the way it is carried out.

6.  Citizens Comments

Mayor noted that he was asked and agreed to extend the allotted time to speak past 3 minutes so that a presentation concerning the Fan Building could be given.

Jay Scott McDermott – Metroplex Roofing & Construction.  I was contacted by a local business owner to come and look at the Fan Building to place a roof on it and we discussed going in together to purchase it.  At the time, the wholesale cost to replace the roof was $100-125,000, $25,000 for interior repairs, and then divide into 3 usable units to convert to 3 separate business and air units would have run me $120,000.  Total cost would have been $270,000.

Today’s cost for a roof is $300,000 and that’s a wholesale cost.  The interior damage to be remodeled and the 3 10-ton units air units, brings the total to $150,000 and that would cost about $450,000 total for 3 units or $410,000 for a single unit remodel.

I was interested in this building as a roofing warehouse, but am no longer due to the costs.  My recommendation to the City Council is to go look at the building, confirm what I am telling you, and I want to let you know where you stand with this building. 

CM Mark McCord – So you believe that $450,000 is what it will take?

Jay Scott McDermott – I believe to fill it out will take $500,000.

CM Mark McCord – What do you think demo price would be?

Jay Scott McDermott – $250,000 or more.  It’s a shame you don’t own the property north to dig a whole and bury it.  The huge cost of the demo and then where are you going to dispose of it.

7.  Presentation

Discuss and hear presentation from Tommy Holub, General Manager for
Special Utility District.

Tommy Holub – Dr. Jeff Brasher contacted me to discuss the contract that is between the City of Seymour and Baylor Water.  We discussed issues pertaining to the issues of calculations and percentages of RO expenses and how Baylor Water had been under billed a substantial amount of money and we also discussed the substantial amount of water that BSUD had provided to the city.  The next day, I decided that if we were only going to be paid for what the raw water was and not the operation of it, then I would cut back my level of water that we had to supply to the RO.  So, the next morning I went out and reduced my flow down to 300 gallons a minute which, in a 24 hour period is 432,000 gallons of water, which is considerably more than what we (BSUD) would use in one day, but as the morning went on I was contacted by Jeff and John wanting to know if we had cut the wells off.  I did not cut the water off, I only cut it back to what our portion would be.  From your website it states,“ the City of Seymour currently owns and operated 19 wells that provides water for the reverse osmosis plant.  BSUD furnishes their own supply of raw water.  If you have 19 operating wells, how can I cut your water off?  Then I noticed that our elevated storage transfer pumps had been cut off because our levels dropped below what they needed to come on.  That really frustrated me because I cut the wells (on our side) back, but still fulfilling BSUD portion required in the contract, but you cut my transfer pumps off from my system at that time.  I was very frustrated.  There were phone calls coming in to me from both Jeff and John, and I ignored those calls.  I called Jeff back eventually and explained what I had done.  I then turned the water back on to the level it had previously been.  I was just trying to make a point as to why would I sell you water at 36 cents, which is at a lower rate than it actually costs, and if you are only going to pay me that then why would I provide more water than we (BSUD) needs to consume.

History from 2011 – During the drought, the City contacted us about needing more water.  BSUD reached out to area farmers, TCEQ, and engineers to make it possible, including electrical and SCADA, installation and labor.  None of these costs were passed on to the City of Seymour.  We were never approached by the City to share cost this or to help BSUD recoup costs.  From that point on, we were basically producing the majority part of the water for the RO and City.

Freeze 2021 – John contacted me one morning and asked if any of our wells were off.  The rolling black outs caused our wells to go down.  Daily totals were increasing tremendously.  I called Mayor John Hrncirik and asked for him to contact John Hostas to get the generator so we could bring these wells back with the help of many local community members.  At this time, the city was producing absolutely no water and all water was coming from BSUD wells.  This went on for 10 days, and we never saw anyone from the city except for Robert Torrez that came to me and told me that he didn’t know what to do because the city had no water.  Usage was up to about 1.5 Million gallons a day.

In this business you do whatever it takes to serve.

Other issues that concern me, the City never communicates their water projects with BSUD.  Budgeting things with the City of Seymour is very hard and we are never asked to participate with planning.  Also, with the membrane reserve account, our records show we have contributed $250,000.  To our knowledge there has only been one total membrane replacement.  We would like to know how much money is in this account, how much each party has contributed, and how much has been spent out of it.

On March 23, 2022, Jeff Brasher, Jon Hrncirik, Lan When, Mark McCord, Sabrina Rivers they presented back pay claims for BSUD and we contacted our attorney.  After looking over the contract, our lawyer stated that we performed as required under the contract and the city’s failure to bill constituted as a waiver.  As all invoices that were sent to BSUD were paid in full and on time, and per the contract that states that the City shall calculate the allotted amount due, that BSUD had fulfilled their obligation.  The City has also not paid fees that are noted in the contract.  The fees are close to offsetting one another.  The best course of action for each party is to move forward and past fees owed by both parties shall be forgiven as if paid in full.

8.  Public Hearing(s)

(a)  Public Hearing held by the City of Seymour, regarding request from Shelby Correale to close West McLain Street, abutting North line of Jones-Supowit Addition and North of 607 W. McLain Street.

Lauren Bush – The Ordinance has been drawn and the MOC includes an easement for an electrical pole.  The property will be abandoned to both properties owners.

CM Les Hons – Are there any utilities in that area?

Lauren Bush – There is no bisecting road, but the MOC is signed off by all departments saying that it was okay. 

CM Mark McCord – What is an MOC

Lauren Bush – It is an internal form used by departments to check for any issues with situations like these.  Stands for Mode of Change.

Disrupting council discussion, spoken from the crowd, without permission from the Mayor and not during citizen’s comments, was Mary Kay Fair blurted from the crowd that she believed it to be an internal document.

Mary Kay Fair – *Spoken during public comments*  Who is notifying the appropriate channels for taxes to be paid on these properties?

Lauren Bush – We have a process that is followed to deed it to the land owners.

(b)  First Public Hearing held by the City of Seymour, regarding request from Daniel & Krystal Huskamp, for a Specific Use Permit, for a Salvage Yard Application, for 310 and 704 E. Ingram Street.  

Lauren Bush – This is the first of 2.  This is in response to a Public Nuisance code enforcement issue and for them to continue to stack cars up at the location, they were told they could apply for a salvage permit.

M Jon Hrncirik – Haven’t we gone through this once before with them?  And requested a fence that they never put up?  And we gave them 12 mo to put the fence in and it has been 3 years and it has not been done

Mar McCord – I was on the P&Z Board at that time and we did give them a year and they have not complies

The salvaging of vehicles is regulated by TDLR and TXDoT.

Les Hons – Is that inside the city limits?

Lauren Bush – Yes.  I believe the area that they are using is all in the city limits.  There are no survey stakes in the ground to prove anything.  I contacted TCEQ and Mrs. Huskamp contact the Army Core of Engineers about the flood plain.  There are no regulations or restriction for having a salvage permit in a flood plain.  I believe that moving forward, they need to be registered with the state to receive a permit.  Salvaging means that you are parting out vehicles.  Typically in the SUP process, in the first round of public hearings we accept the application and in the 2nd round of public hearings we will make a discussion.

(c)  First Public Hearing held by the City of Seymour, regarding a Specific Use Permit, from Jessie & Wanda Moore, placing a Manufactured House on their property at 601 E. Morris Street.   

Lauren Bush – Mr. Moore and his wife want to place the house on lot 4 which is allowed per ordinance other than this is a request for a manufactured home.  The permit will reflect the Lot number due to no 911 address.

Les Hons – How does this work with what we talked about in the previous months?

Lauren Bush – Mr. Moore has agreed to stay within the 5 year manufactured date and we have discussed modular housing, but he is more interested in Manufactured housing.

9.  Consent Agenda

(a)  Approve meeting minutes for April 28, 2022 and May 17, 2022

(b)  Approve City of Seymour Accounts Payable Bills paid the month of
May 2022

(c)  Financial Reports

Monty – Motion to approve

2ncd – Winn

5-0 Caries

10.  Action Items

(a)  Discuss and consider adoption of Ordinance 2022-06, authorizing the issuance and Sale of City of Seymour, Texas Combination Tax and Revenue Refunding Bond, Series 2022, levying and annual ad valorem tax for the payment of sold bonds; providing an effective rate; and enacting other provisions relating to the subject.

Jeff Brasher – Same action item in April and we have to do this again now that we have 4 council members. 

Les Hons – This is the same loan we had but making less payments

Jeff Brasher – Yes, this is refinancing of a loan to save about $44,000

Monty Glass Motion to pass Ord 2022-06

2nd – Hons

5-0 Caries

(b)  Discuss, consider, and take action to approve the Shipman and Harris Land Lease as written and presented by City Administrator, Dr. Jeffrey Brasher, Ed.D.

Jeff Brasher – No restrictions unless there is livestock on the property, fencing rules, and the damages of livestock, as well as TCEQ requirements and no other major changes were made to the contract.

Mark McCord – will this go to the attorney at some point

Jeff Brasher – I did not want to spend that money unless the council gave direction to do so.  It will cost a grand or two.

Jon Hrncirik – My biggest concern with leasing it again that is has not gone well before.  And with the water well, it’s almost impossible for grazing. 

Les Hons – I feel the same way.  We were threatened with fines and I would rather not go through that again.  We need to work on wells and get them all going, so I think we just need to keep and take care of it ourselves.

Mark McCord – So you think we should not lease any of it?  I agree we should keep it to ourselves.

Les Hons & Jon Hrncirik – this is just pertaining to the Harris and Shipman the other lease isn’t problematic.

Monty Glass – Keep it.

Jon Hrncirik – The neighbor next door is no longer interested.

Lan Winn – There are lots of moving parts and costs involved.

Jon Hrncirik – Maybe a radio tower?

Less Hons motion to retain the land

2nd by Monty Glass

Disrupting council motions, spoken from the crowd, without permission from the Mayor and not during citizen’s comments, was Mary Kay Fair blurted from the crowd that she would like the motion clarified.

Les Hons clarified that his statement meant for the city to keep the land and not lease it out.

Mayor read back motion and 2nd

5-0 carried

(c)  Discuss, and consider action regarding request from Heather Greenwood, to close alleyway at her residence, 507 W. Belknap Street.

Lauren Bush – The alleyway that is being proposed to close is essentially Heather’s private drive.  There are utilities and all utilities can be accesses.  An MOC has been issued and all departments have signed off that access is available and not causing problems.  The request includes her neighbors signing off their portion of the alley way so we deed her the alleyway fully, and not to all the adjacent property owners.  All documentation has been provided. This is to request to ya’ll to say whether you want to move forward in the process.

Heather Greenwood – We have no intentions of building on the alleyway.  We will allow for access for all city departments and we maintain that alleyway with gravel.

Les Hons – Will you fence this off or gate it?

Heather Greenwood – We will probably put a fence on the west side but no gate and no obstructions.

Sabrina Rivers motion that we move forward to take a vote to close 507 W. Belknap

Monty Glass – 2nd

5-0 carries

(d)  Discuss, consider,  and take action regarding the VFW Hall Building, including bar area, located at  910 E. Nevada Street.

Jeff Brasher – We have worked with Mr. Howe to move out property that was his and what remains has been donated and will be moved out to the golf course.  Now we are asking for direction as we have had some community interest.

Mark McCord – Is this both buildings

Monty Glass – What is the tax value

Jon Hrncirik – I don’t think we can separate it

Jeff Brasher – There have been parties interested in the property sold in pieces.

Mark McCord – How would it be advertised?

Jeff Brasher – locally & social media

Les Hons – We will need to set a minimum bid and we need to consider that the buildings will need to be fixed.

Jon Hrncirik – Do we have to do a minimum bid?  30 days is fine with me

Mark McCord – I’m thinking 30 days and see what you get.

Monty Glass – $15,000 is too high

Jon Hrncirik – I bet we get a $30,000 bid

Les Hons – Well if that’s the case, don’t put a minimum on it and see what we get.

Mark McCord – What about a survey?

Jeff Brasher – Well, I think it’s part of the purchasing process

Jon Hrncirik – How far does it go to the west?

Lauren Bush – The value has been set at $138,670.00.  Which is a $120,000 re-evaluation from 2021.  I would go from the 2021 amount.

Les Hons – I say we open it up for bid.

Mark McCord – You could hire an appraiser to value it.

Lauren Bush – We should probably get a survey before you open it up for bids and to give the school what their lease size would be as well.

Les Hons – We just retain the school barn and keep it in with the park land.

Monty Glass – We will make the survey money back when we sell it.

Mark McCord – I would like to see a survey on it.

Les Hons – And then we take bids on it and accept what we want to.

Jon Hrncirik – Paula confirmed the appraised value

Les Hons – I think we need to get a survey and see exactly what we are selling. 

More blurted out discussion from the crowd.  Not recognized by mayor or considered Citizen’s comments. 

Les Hons motion to get a survey of the property that we want to bid out that includes the VFW and the bar and parking, but does not impede the school’s use of the barn.

Jeff Brasher – Do you want this done separately or together?

Mark McCord – One legal description for all of it and if we need to go back and have it divided then we can.

Monty Glass 2nd

5-0

(e)  Discuss, consider, and take action adding Council member Mark McCord and Council member Sabrina Rivers to the Peoples Bank Signature Card, for the
City of Seymour.

Mark McCord – Are there others on the signature cards?  And do they go through this process?

Jon Hrncirik – Yes

Disrupting council discussion, spoken from the crowd, without permission from the Mayor and not during citizen’s comments, Mary Kay Fair blurted from the crowd that every council member was on the signature cards.

Monty Glass motion to add Mark McCord and Sabrina Rivers to the Signature Cards

2nd by Lan Winn

5-0 Caries

(f)  Discuss, consider, and take action on City Council budgeting goals for 2022-2023.

Monty & Sabrina – Electrical Infrastructure, Improve Streets, work on water well situation, Golf Course equipment

Les & Mark & Lan – Alleys, Streets, Street signs, Police and possible jail, community clean up/code enforcement

Jon Hrncirik – The jail is very important but I don’t think that will ever happen unless we get the county on board.

Jeff – Police, Water, Streets, & Electrical

Les Hons – What are your goals?

Jeff – Well they are basically the same as ya’lls.  Anthony has done well with the Electrical.  The Streets guys are doing great but we have discussed a bond.  The water wells have already been improved and we are up to 50% and working to get many on board each month.  Police department has tried to be innovative and creative to fill those gaps and we have almost hired many although they have just never panned out.

11.  Executive Session(s)

(a)  An Executive Session, closed to the Public and pursuant to Chapter 551 of the Texas Local Government Code under §551.071, Consultation with
City Attorney; regarding Baylor Water Supply.

(b)  An Executive Session, closed to the Public and pursuant to Chapter 551 of the Texas Local Government Code under § 551.074, Personnel Matters;
Council Member Monty Glass.

12.  Action regarding Executive Session

(a)  Discuss and take action regarding Executive Session, consultation with
City Attorney.

Mark McCord Motion to give Jeff Direction to continue to consult with the attorney on this matter

Sabrina River – 2nd

5-0 Carries

                  (b)   Discuss and take action regarding Executive Session, Personnel

No Action

Mary Kay Fair – I want to know how there can be no action what so ever on a personnel matter concerning a council member and ya’ll were in executive session for over hour. And I want to know what it is about

Les Hons – That’s why we discussed it in executive session

Mary Kay Fair – Well ya’ll do not need to be hiding things that involve personnel and if you are going to censor someone then that needs to be done in public.  And I think you are wrong.

Sabrina Rivers – we are following the advice of our attorney

Mary Kay Fair – Why are you hiding things if they did not wrong

13.  Adjournment of meeting

Motion by Les Hons

2nd by Monty Glass

5-0 carries

Note: The Council reserves the right to vote or to act in open session upon any of the items listed in this agenda.

I, the undersigned authority, do hereby certify the above notice of the meeting of the City Council of the City of Seymour, Texas is a true and correct copy of the said notice that I posted on the official posting place(s) at Seymour City Hall, 301 North Washington Street, Seymour, TX, a place of convenience and readily accessible to the general public at all times, and said notice posted this Thursday, June 9, 2022 at 5:00 p.m. at least 72 hours preceding the meeting time. 

____________________________________________

Lauren Bush, Recording Secretary