March 18, 2021 – City Council Meeting Minutes

Jun 24, 2021

March 18, 2021

A Regular City Council Meeting was held on Thursday, March 18, 2021, at the Portwood Art & Civic Center, 800 E. Morris 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 7:00 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, Police Chief, Mike Griffin, Police Officer, Paul Davis, Water/Sewer Supervisor, Robert Torrez, Police Officer, Bryce Sawyer

Guests: Steve Davis, Matt Gwinn, Nancy Boone, Derrell Patterson, Linda Gilbreath, Mark McCord, Ryan Dwyer, Sam Mooney, Justin Jones, Paula Vaden, Ryann Willden, Jake Willden, James Hendrickson, Lance Burnett, Grant Elliott, Sarah Elliott, Sandra Moorehouse and three guest names that are not legible

ANNOUNCEMENTS FROM THE MAYOR: Mayor Hrncirik and Police Chief, Mike Griffin publicly recognized and presented plaques to City Police Officer, Paul Davis, Baylor County Deputy, Justin Jones, Baylor Co. Sheriff Sam Mooney, Knox Co. Deputy, Ryan Thrash and TMPA area rep., Tony Rike.

On January 30, 2021, Chase Coates committed a murder in Lubbock, Tx and arrived in Seymour. Seymour police officer, Paul Davis and Baylor Co. Deputy Justin Jones put themselves in harms way attempting to arrest Coates. Coates immediately began to shoot at Paul and Justin. Being able to reposition, Paul was able to return fire wounding Coates in the jaw. Coates fled in his vehicle pursued by Jones who was ambushed a short distance away and was fired upon. Baylor County Sheriff, Sam Mooney responded and Knox Co. Deputy, Ryan Thrash drove over from Benjamin to help. One final gun battle ended this intense night for our law enforcement. Sheriff Mooney made the final shot that ensured none of our or any other loved ones lost their lives at the hands of Coates that night.

Mr. Rike was recognized for his after the fact assistance. He helped provide information and resources to help Paul through this ordeal and proved Paul his personal Firearm as Paul had to surrender his per the investigation.

Sheriff, Mooney and Deputy Jones were recognized for placing themselves in harms way to protect the community and Deputy Thrash for knowing his law enforcement brothers were under fire and running to danger to help.

Officer Davis was recognized by Police Chief, Mike Griffin for his bravery and his determination to serve the community and was issued the Medal of Valor pin and Mayor Hrncirik read the proclamation presented to Officer Davis.

CITIZENS QUESTIONS AND / OR COMMENTS: Nancy Boone made request to speak before Seymour City Council. Nancy inquired about the electrical rates, infrastructure fee, go cart track and salt fork memberships. Nancy also questioned how the City money was being handled and suggested the City have a forensic audit.

CONSENT AGENDA:

1. CONSIDER APPROVING THE CONSENT AGENDA AS FOLLOWS:

a.) Approve February 18, 2021 and February 24, 2021 meeting minutes.

b.) 1. Employee List and Salt Fork Membership Total Report

2. Administration & Supervisor monthly reports

Mary K. Fair noticed that there were no financial figures and asked when they would get those, and she also stated it was a major concern. Mayor Hrncirik asked that Mary K. Fair and Monty Glass meet him at City Hall at 8am the following morning to visit with Mary Griffin regarding the financials. A motion was made by Monty Glass to approve the Consent Agenda, seconded by Lan Winn, motion carried 5-0.

END OF CONSENT AGENDA

REGULAR MEETING CLOSED AND PUBLIC HEARINGS BEGAN AT 7:21PM

Public Hearing #1

2. The City of Seymour will hold a second and final Public Hearing regarding re-zone request from Ryan Dwyer, for a Specific Use Permit at 610 N. Browning Street, Lot 1-3, Block 14, McLain Addition.

Ryan Dwyer spoke and stated he was requesting a Specific Use Permit for 610 N. Browning Street, Lot 1-3, Block 14, McLain Addition. Ryan related that he owns one RV park in town and sub-leases one in town and they are currently full, and he has two spots at his house that he uses for overflow. He has been turned in for not being in the right zoning district and wanted to see if he could get the Specific Use Permit granted for maybe a year or so while they are in town. Ryan thinks it benefits the town and small businesses.

Public Hearing #2

3. The City of Seymour will hold a Public Hearing regarding an application for a Specific Use Permit from Jake Willden, Ette Properties, concerning Lot 3-4, 3 S and D subdivision of Seymour comprised of 0.636 acres, located at 1100 N. Foley Street in Seymour, Texas.

Mary K. Fair inquired about the debris in the alley way. Jake stated he was unaware of the debris but related he would get it cleaned up. Mary K. also asked if the people that reside in the apartments have been notified of this, by letter or notices posted on their doors. Lauren Bush spoke up and related that a sign was posted on the property and according to the law, only the property owner must be notified, and the city is not required to do a posting on the door. A posting or letter would be up to the property owner. Mary K. stated that the City is here to serve the citizens and the people that live in the apartments are citizens and they should be told just like anyone else, exactly what is going on. Even though the City is not required to do it, Mary K. feels that it is in the best interest and ethically the thing that the City should do, is to notify each one of those apartment people. Lan Winn stated that the City needs to notify the Housing Authority and let the Housing Authority notify the apartment people.

After some discussion about the number of people living at this residence, Mary K. requested a copy of all the citations and backup documentation Mr. Willden has been given.

PUBLIC HEARINGS CLOSED AND REGULAR MEETING RESUMED AT 7:46PM

4. Discuss, consider, and take action to accept or deny Ryan Dwyer request for a Specific Use Permit at 610 N. Browning Street, Lot 1-3, Block 14, McLain addition.

Monty Glass made a motion to approve request from Ryan Dwyer for 12 months, seconded by Lan Winn, motion carried 3-2 with Mary K. Fair and Brenda Miller opposing.

5. Discuss, consider, and take action regarding bid(s) received for 410 N. Tackitt, also known as Lot 1, Block 28, McLain Addition, from the following:

Judy Patterson $1,600.00

David Nellis $1,876.00

Lauren Bush spoke on this item. Lauren related that Judy Patterson reached out to her and Judy was the initial person that requested that the City put this property back up for bid. Ms. Patterson’s desire is to do new construction on this lot for rental properties in Seymour. Lauren also related that Ms. Patterson is interested in moving forward with construction. Lauren related Mr. Nellis had not reached out to her regarding the property.

A motion was made by Monty Glass to accept Judy Patterson’s bid of $1,600.00, seconded by Brenda Miller, motion carried 5-0.

6. Discuss the Harris land lease and Royce Stallcup agreement.

After much discussion between Council, Lauren Bush and Royce Stallcup regarding fencing and receipts for improvements, it was recommended by the Council to have the City attorney look over the agreement and give the City Council direction on moving forward with this agreement with special attention to sections 3 & 4. This will also allow the City Council time to look over the expense receipts for improvements that were turned in by Mr. Stallcup at the council meeting.

7. Discuss, consider and take action regarding City Bills paid during the month of February 2021 in the amount of $378,315.48.

Brian Broome stated he would be abstaining from discussion on this agenda item. Mary K. Fair inquired about why the City is still paying for internet at the Portwood and water department and why have they not been switched to AMA-TechTel. Mary K. Fair also questioned why a payment is going out to Todd Hrncirik for mowing. Monty Glass stated because Todd’s contract was not up yet, and Mary K. responded by saying that his contract should have been voided once they found out about the nepotism issues.

Nancy Boone commented on this agenda item. Ms. Boone had concern about nepotism issues with city staff and a city employee verses contract labor.

Mark McCord also questioned what was going on with the mowing contract.

Monty Glass made a motion to approve the $378,315.48 in City bills paid in February 2021, seconded by Lan Winn, motion carried 3-1 with Mary K. Fair opposing and Brian Broome abstaining from the vote.

8. Discuss, consider and take action to advertise for a mowing bid for the following City of Seymour properties: (1 bid for all properties listed)

*Seymour Memorial City Park, which includes adjoining hill East of the park grounds to the boundary of the Hospital property.

*Along the walking trail and including the area surrounding the Portwood Art & Civic Center.

*The grounds surrounding the former Seymour Independent School District Auditorium to the property line of said location.

*Sound Garden located directly north and adjacent to City Hall.

Lan Winn recommended taking spraying (weed control) out of the contract. Lan also recommended that the contract be changed to a 2 or 3-year contract rather than a 1-year contract. Lauren Bush also commented on this agenda item as a citizen, recommending the spraying of weeds remain an option if someone wants to bid the contract with spraying, considering how much volunteer time is spent in the sound garden and the garden being so overrun by weeds.

Lan also recommended a minimum of a 1-million-dollar liability insurance policy.

Mary K. Fair commented that if the contractor is going to be doing the spraying, proper licensing needs to be provided to the city.

Charlie Rose commented that the spraying needs to be left in the contract.

Todd Hrncirik spoke regarding the specifics of his mowing contract with the city.

Brian Broome made a motion to put the clean up of the City park, walking trail, grounds surrounding former Seymour ISD auditorium property and Sound Garden, out for bid, to be a 1-year contract, auto renewal for 2 additional years for spraying, clean up and mowing and will accept bids without spraying and will require a 2-million-dollar liability insurance, seconded by Monty Glass, motion carried 5-0.

REGULAR MEETING CLOSED AT 9:10PM AND EXECUTIVE SESSION ONE

BEGAN AT 9:17PM

9. An Executive Session (closed to the public) and pursuant to Texas Local Government Code, Section 551.071-Consultation with Attorney, and Schneider Engineering representative, Steve Moffitt, regarding pending litigation and consultation with Steve Moffitt regarding ERCOT Ancillary charges.

EXECUTIVE SESSION CLOSED AND EXECUTIVE SESSION TWO BEGAN AT

9:34PM

10. An Executive Session (closed to the public) and pursuant to Texas Local Government Code, Section 551.073-Prospective Gift, City of Seymour property described as a 2011 Ford Crown Victoria.

EXECUTIVE SESSION CLOSED AND REGULAR MEETING RESUMED AT 10:40PM

11. Discuss, consider and take action regarding deliberation from Executive Session one, consultation with Attorney and representative, Steve Moffitt with Schneider Engineering, pending litigation.

Mary K. Fair commented that there would be no discussion on the pending litigation due to a confidentiality clause. Mayor Hrncirik asked if there was any action regarding this deliberation and there was none.

12. Discuss, consider and take action regarding deliberation from Executive Session two, City of Seymour property described as 2011 Ford Crown Victoria.

There was no discussion regarding this item. Monty Glass made a motion to give this 2011 Ford Crown Victoria to the Meals on Wheels of Seymour, Texas, seconded by Brian Broome. After these motions were made, Mayor Hrncirik related these motions needed to be reversed and Mayor Pro-Tem, Monty Glass took control of the meeting due to Mayor Hrncirik being on the Meals on Wheels board and Mayor Hrncirik abstained from any discussion regarding this item.

Mary K. Fair asked about her suggestion to consult with the City attorney regarding the legality of this deliberation.

Brian Broome made a motion to donate the 2011 Ford Crown Victoria to the Meals on Wheels program, seconded by Monty Glass, motion carried 4-1, with Mary K. Fair opposing.

13. Adjournment

Brian Broome made a motion to adjourn, seconded by Monty Glass, motion carried 5-0. Following the vote to adjourn it was brought to the Mayor’s attention, by a citizen in the audience, that the public needed to be allowed to make comments before the adjournment motion was made.

Charlie Rose commented on item 12. Mr. Rose questioned the legality of a government entity donating a vehicle to a private organization and had concern that this donation could be illegal.

Nancy Boone also commented on item 12. Ms. Boone suggested that the City attorney be utilized and make sure that everything is being done the way it should be done.

Approved this 17^th , day of June 2021.

/s/ Mayor Jon Hrncirik

Attest:

/s/ Recording Secretary, Suzanne Shumate