May 20, 2021 – City Council Meeting Minutes

Jun 24, 2021



MAY 20, 2021

A Regular City Council Meeting was held on Thursday, May 20, 2021, at 7:00 P.M. at the Portwood Art & Civic Center, 800 E. Morris Street, Seymour, Texas.

Call to Order, Roll Call and Pledge of Allegiance by Mayor Jon Hrncirik at 7:03 p.m.

Swear in Council Place #2 Candidate for a Two-year term by Mayor Hrncirik – Note: City Secretary Conchita Torrez swore Jay Hudson as Council Place #2 earlier in the day at City Hall.

Council present: Mayor Jon Hrncirik, MPT Monty Glass, Council Member Jay Hudson, Council Member Les Hons

Les Hons was present at meeting but is not officially on council as he was sworn in on May 4, 2021, which is too soon as per Texas Government Code 22.006 DATE ON WHICH OFFICERS BEGIN TO PERFORM DUTIES.  A newly elected municipal office may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

Council absent: Council Member Brian Broome and Council Member Lan Broome absent

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. Supt. Robert Torrez, Chief of Police Mike Griffin, Sergeant, Bryce Sawyer, Future Administrator, Dr. Jeff Brasher

Guest(s): Matt Gwinn, Barbara Moore,  Dr. Jeff Brasher, Nancy Boone, Mark McCord, Seerena Stewart, Jennifer Ellerkamp, Cody Holub, Mary K. Fair, Rick Moorhouse, Sandra Moorhouse, Charlie Rose, and 2 guest names not legible.  

Announcements from the Mayor

Mayor recognized Chief Griffin for his 30 years of service.  A plaque was presented to him and thanked for his service.

Chief Griffin thanked Mayor Hrncirik, City Council, City Secretary and all the past administration over the years.

Citizen questions and/or comments:

** If your comments or questions are not part of an agenda item, please allow yourself 5 minutes to state your concerns or comments, and it may be placed on  a future agenda if necessary with Mayor approval.   

Mark McCord stated he had several items and would like to save the long one for the end.  

Email addresses: he would like to take them down of the website if not being used. It can be confusing if you are trying to communicate with the Mayor or Council. If you do not use your email, come up with a single email mail for everyone to use.

Execution Session: When we go outside, I am just asking for some courtesy, if you can deal with a matter in 5 minutes and not keep us outside for an hour, no bathroom facilities, tend to your business quickly and if you have socializing do it later, just respect the public.

Hopeful we can get some mosquito spraying done this year, have not had it done in about 3 years.

Esplanades: At this point being taken care of by the city. There are names on the esplanades and were adopted, they are no longer adopted, they need to come down.

Gun Range: I would like this to be a part of an agenda, no minutes on that, I checked with Conchita no meeting on this, I have a check here for 25K to Richard Futch, June 25, 2019, signed by Jon Hrncirik and Steve Biedermann. I would like to know by what authority because the mayors name and Futch is on the contract and would like to know on what authority can the mayor spend 25K without coming to the Council, or maybe something Conchita has not found.

Mowing Contract: I would like a clause on there that no city employee, close relative of the City Council benefit directly or indirectly from a contract or bid with the City of Seymour.

The barn at the City Park had been used by the contractor, I wonder if that was part of the contract, I understand that it is being cleared by the contractor. I know it was not stated in the last contract. That is basically what I got. 

Mary K. Fair stated that she had mentioned at the May 4, 2021, that several council members had property that needed to be cleaned up. I would also call attention to the Tx Local Open Meetings by TML and ask that council to re-read it again.  Also, to the new council members I strongly recommend the training that is put on in different cities and the city will pay the registration fees. It is quite helpful.

I have a comment to the council members, when you have property that is up for zoning changes I would strongly encourage you to drive around the neighborhood and what exactly is going on in that neighborhood and how it could impact the other neighbors.  I do not see how you can make a decision without physically inspecting the property.

Nancy Boone stated that she started something on Rants Page she did not intend to do. She thanked all the people that did respond, and her page is intended to be an informational page.  She stated she had been concerned about the budget, the increase in pay, when she asked if Council had checked the budget for those increases, the answer was no.  

There are times you can move money from one line item to another, but only in an emergency.  Nancy went on to say that she had requested a list of things through Open Record Request and the number one item was the budget, and it has been 12 days and she still had not received anything. She stated she received some items, but not what she was wanting.    

Conchita Torrez stated written responses are not considered open record request.  We do not re-create a paper trail. If  something was not written, you cannot provide that information according to the attorney.  I went on to say that I am not an attorney, I just go by what I was asked to do.  He specializes in Open Record Request, and I sent him the information to make sure I could release some of those records.  There were 21 items, and I had just told Nancy before the meeting that the attorney stated I would have more information for her by next week.

Charlie Rose congratulated Mike Griffin for 30 years of service and no matter what you do someone is going to get mad and complain about it. Whatever you do not do, someone is going to get mad and complain about it. You do a good job balancing community interest.

Council: I would like to start by welcoming our new members. I hate to say this, Les you are legal on this council right now. The city had to wait 5 days, not including Sunday to seat you after the election. They waited 4, so they need to back up and do it right.

I stated that the Canvass of Election was from May 4th -12th and I stated I could give him an election calendar.  He stated I could give him whatever I wanted, but the statue stated following the election, no less than 5 days. I stated he was probable right, he stated I am .

So, you all need to get it right, it is up to the citizens that we have open, honest, and fair governing. If the citizens just sit back and say good job, good job or get on the Rants page and complain, they do not show up for the meetings, they do not ask questions, they do not give out ideas, we do not get the kind of government we deserve. You need to hold your elected officials accountable.

Mayor Hrncirik spoke and stated that it is so frustrated because we are put in a position where we are not asked but told not to speak by the attorney, and each and everyone of you are able to shoot arrows at us and beat us to pieces against the wall. We are not allowed to talk,  at that time Mary K. Fair stated no, you get your spouses to . 

Mayor stated when you see me out on the streets, you shake his hand and act like you are my best friend. Ask me out on the street where I can talk and communicate with you on some of these things.  Lets gets on fair playground out on the street.  

End of Public Comments

Consent Agenda

1. Consider Approving the Consent Agenda as Follows:

   (A) Approve Meeting minutes for April 15, April 21, May 4, 2021, and

       May 6, 2021.           

(B)  REPORTS         

    1.) Peoples Bank Texas Account Summary Report

    2.) Employee/Contract List

        Salt Fork Recreational Complex Membership Report (91)

    3.) Written monthly reports from Supervisors

End of Consent Agenda

Mary K. Fair addressed the meeting during the consent agenda and stated she had tried to speak with Monty Glass after the meeting and he refused to speak with me and would not say hello or anything. He said you do not want to hear what I have to say. I would like to make an appointment with Monty, I would like a witness for that.

Now, on the minutes, there are some questions and corrections. I can read them or get with Conchita.  Some are just typos and Mayor asked me at that time what I would recommend.  I stated she could call out the typos at the meeting.

On the April 15, 2021, minutes, on page 2, item 2 and wanted to know what we were going to identify as major components

Page 3 that is just a minor typo – that is nothing, paragraph 2 last sentence. I had the word submitted instead of submit.

Page 4, Charlie Rose requested to speak regarding request from Jake Willden, correct a sentence, that did not make sense.  Same page down at the bottom, to correct sentence to make better sense.

Next page Paula Vaden asked if Jake had a property where he could park his tenants could park their vehicles. Did not know whether that was right or not since she had not listened to the recording.

Mayor Hrncirik on page 6 stated could the expenses with the Fire Dept. be divided 50/50.  Correct the sentence.  And I thought they said they would move the money from the Chassis. But that had already been done the prior year.  But, she had not listened to the recording.

Also, during the discussion of the bills, I asked why the mowing contract was still being paid and LCRA bill for $88, 000.00, if it was a monthly recurring expense, she was actually asking if the LCRA bill was included in the bill, not asking why we were paying LCRA.

Several paragraphs were asked to be corrected and asked about the status of the mowing contract regarding the motion to allow TNT to mow for one more month, due to the Nepotism Law.  There are some serious issues on these minutes, and I would suggest that you all not pass these minutes.

She also asked for corrections on the March 18, 2021, meeting minutes regarding the car donation to the Meals on Wheels and the meeting taken out of order.

At this time Sandra Moorhouse addressed the Council and Mayor.

Sandra stated that Nepotism Law goes a lot more than a brother and a brother. Mary K., you are a friend of mine and I am sorry. But, living in the same household who sued the City of Seymour for thousand of dollars is not right. It is really hard for me to say she is a friend of mine. I encouraged you to run for council because I thought you would be good, and you have carried this to some extreme. I am sorry, the nepotism thing is ridiculous. And for your boyfriend to get a large settlement,  at this time Mary K. Fair yells He was not my boyfriend at the time.

Charlie stated by gosh if this is not going to be broken up, he would get to answer.   Sandra stated I am sorry, but my family has been attacked and I am tired of it. And the rest of the town is tired of it too, and what is good for one is good for the other.

City Secretary stood up and stated that if order were not taken at this time, I would stop the meeting and re-schedule it.  At this time Charlie stated that I would not let her speak and then shut everyone else down.

I spoke and stated that this goes on at every single meeting. We are supposed to be professionals and citizens that love our city, citizens that work together.

Charlie stated that it had not worked for about 3 years, and I stated that the same way it takes all of us to make it work, we can also fume the situations. I stated this is ridiculous, and he stated she should have been shut down.  I stated we were talking about the consent agenda and Mr. Rose continued to aske why she was given the opportunity to talk out of order.

Mayor Hrncirik stated that unless comments were made due to the consent agenda, and Charlie stated to the mayor, do not give your sister the opportunity to slander Mary K. then shut it down.  You gave her the opportunity to speak, and we get the opportunity to respond.

Mayor stated next time I hit my gavel, you are leaving and at that time Sandra spoke again and Mayor stated you will leave to if I hit the gavel.

Charlie stated hit your gavel, I do not care, but you could have stopped it in spite of the law and rules.  The mayor asked Chief Griffin to escort Charlie out of the meeting.

At this time, a motion was made to pass the consent agenda, excluding the meeting minutes. 

Motion made by Council Member Les Hons, second by MPT Monty Glass. Motion carried with 3 Yeas.

At that time, the Council went into a 5-to-10-minute recess.

Regular meeting closes and Public Hearings begin

2.  City of Seymour to hold a Final Public Hearing regarding a request for a Specific Use Permit concerning multiple lots that comprise a city block in S & D Subdivision of 1.035 acres, located at 312 W. 12TH Street in Seymour, Texas.  This request is from Cody Holub.

Lauren Bush explained this was the final public hearing regarding this request from Cody Holub. Council reviewed the information that Lauren had provided for them.

At this time Public Comments were allowed

Mary K. Fair addressed the Council and stated she would like to apologize for her outburst.  Cody Holub has cleaned up that lot, it looks fantastic, considering how it used to look. I want to praise Cody for the hard work he has put in.  The lot and buildings he put in there are first class.

3.   City of Seymour to hold a Public Hearing regarding an application for a Specific Use Permit Lot 4, Block 4 of the S-D Addition comprised of .09 acres, located at 1003 N. Cedar Street in Seymour, Texas. This application is requested by Byron Latham.

Lauren stated this is the first public hearing regarding this application for a Specific Use Permit.  There is not action on this, we have to have 2 Public Hearings. 

At this time Public Comments were allowed

Mary K. Fair addressed the Council and stated that she did not see anything wrong with that lot or what he is requesting on that lot. The RV is on the back of the lot, and it does not distract from anything, considering what goes on at the old church building. I do not live there, but I do see it.

Council Member Hons asked if that was for 6 months to a year.  She was not sure if that was accurate information.  It was not related to that area, but the information below was accurate.

Public hearings close and Regular meeting resumes

4.  Discuss and hear comments from Barbara Moore, regarding property at 709 W. California Street.

Barbara stated she was there to talk about a problem they had a 709 W. California.  She stated first of all she did call the city office ; she has never had any problems with them. They have always been professional and very nice, the only problem I had was they did not call me back. She stated she called Jon Hrncirik and Mary K. Both went overboard to help me and during the freeze, at 709 W. California and we needed a plumber. My meter is at the neighbors lot, and I really think every property should have their own meter at their property, because it makes it hard. He called the city, and I do not want to say or cause any trouble.  Jerry Bruce told me that Robert had stated you had better not touch the water meter. I think everyone should have some public relation training. So, I think Robert owes Jerry an apology. When the plumbers were ready to connect the water line, the city called for the owners to be present. I went to see what was going on because Ray Lynn was sick. Jerry was standing by Jon Hrncirik and a city employee. I do not know who the city employee was, but Jerry stated he said now we are getting even. I did not know that City was out in getting even with citizens. A few days later, I get a letter from Lauren Bush, stating we need to build a fence and I do not think with Ray Lynn’s health and age we can build one. We have high taxes, insurance, and license and one of the things that if it goes out it creates a domino effect.

If our business goes out, it will effect Baylor Co. Banner, Holub Tire, Vita’s, Snyder Steel, and others.

New business’s are very viable but so are old businesses.  I feel the comment was very unbecoming from the employee, nonprofessional and unethical. Maybe the city would benefit from public relations training, we taxpayers pay your bills. And I have several issues I would like to address with written answers to. I thank you for the privilege of your time. And I do not want to make anyone mad.

At this time public comments were heard

Nancy Boone stated she would like to add a little something to what Barbara said. There is another property east of there and they received a letter and to my knowledge everything ran except for one thing. I think they resented her property referred to as junk.

5. Discuss, consider, and take action after reviewing Harris Land Lease from City Attorney. 

City Secretary stated that she had spoken to Royce Stallcup earlier in the day, and he is out of town working. He also was not satisfied with the contract the attorney drew up. He would address it at a further time, but we are according to TCEQ running out of time.  Compliance date is June 15, 2021.

Mayor asked that Robert give his thoughts regarding this issue.

My suggestion is to not lease the property, and that will solve the problem. 

We do not need to be looking over our shoulder and wondering when TCEQ will come in and fine us.  

Council Member Hons asked if the deadline was June 1, 2021. 

(Council Member Les Hons spoke but I could not hear the rest of his conservation.)

Lauren spoke and stated the original lease was not well written and states that the lease holder will expense 2K of in-kind labor in lieu of an annual payment.

There was a meeting that was had, where there was a 4K expenditure and was allowed to count as 2K. There were a lot of things that were not defined.

It was very odd, and it does not state that we need to reimburse any thing to the lease holder.  There is one portion that talks about damage to the wells.

We do not know whether proper communication was done between the lease holder and the city.  

After a lengthy discussion, Public Comments were allowed.

Mark McCord stated he basically wanted to agree with what Mr. Torrez said.

Never lease that property, it is a pain and Conchita had stated that it was based on an old contract. There have not been any problems in the past, but you just heard a little bit.  So many things have been said and how do you determine in kind improvements and that kind of thing. I do not know how you will figure it out, but its going to cost you money. Get legal advice before you do any kind of contract. Mr. Torrez is exactly right, never lease that property again and be done with it.

Mary K. Fair stated as I recall when I was on the council, Mr. Stallcup was told that he was going to have to fence around those wells.  And the problem with the cattle. so, this is not anything new. I am sure if I go back through my notes, I am just trying to remember I believe it states that he is responsible if he is going to maintain it. No livestock on it is part of maintaining the property.

The contract does not protect either party.

Motion made by Council Member Jay Hudson, second by MPT Monty Glass to terminate the lease with Royce Stallcup.  Motion carried 3 yeas and 0 nays.

City Secretary asked if Council would be willing to address this issue, if Mr. Stallcup asked for any kind of restitution.

Mayor stated he would be willing to hear his day in court, and that invoices had to be clearer.

6. Discuss, consider, and take action to approve Specific Use Permit at 312 W. 12th St to Cody Holub.

Cody stated he did not have anything to say.

No Public Comments were made

Motion made by Council Member Les Hons, second by MPT Monty Glass to approve the Specific Use Permit at 312 W. 12TH Street, for Cody Holub.

Motion carried with 3 yeas and 0 nays.

7.   Discuss, consider, and take action regarding tear down of Appraisal District houses.

Council Member Les Hons stated that at the meeting today, all the taxing entities were going back to their respective boards and would see if they would be willing to help with the tearing down of some of these houses that are in dire need of being torn down. We the City need to do our part in making it safe and clean and clean up property later.  They will come back to the next meeting and see how much they are willing or can help with.   We need to table this until the next meeting.

Lauren stated we have billed only 2 properties and are not homesteaded.

Two structures are needed to be torn down.

Motion made by Council Member Les Hons, second by MPT Monty Glass to table until next month.   Motion carried with 3 yeas and 0 nays.

8.  Discuss, consider, and take action approving City of Seymour Accounts Payable bills for the month of April 2021, in the amount of $599,367.18.

    No discussion from City Council.

    At this time, Public Comments were allowed.

   Mary K. Fair stated she had done an open record request and gotten a      

   summary page of the bills.   She wondered what Cooperbeck Energy

   Partners, LLC, in the amount of $4732.00, Dana Kepner Company LLC, in

   the amount of $5697.92 and Darin L. Hays in the amount of $7,928.33.  

   Cooperbeck Energy – Sulfuric Acid

   Dana Kepner – Wire/Leak Det.

   Darin Hays – Winter Storm expenses for equipment

   Motion made by MPT Glass, second by Council Member Les Hons to approve

   account payable bills in the amount of $599, 367.18.  Motion carried 3

   yeas and 0 nays.

    9. Discuss and give City Secretary direction to place Mowing Bid in the

     Baylor County Banner for two weeks as required by law.

  Lauren put together a bid sheet for Council to review. And went over all the

proposed changes she recommended. She explained the changes she made for

more clarification and after a lengthy discussion, and comments from the

public were open for discussion.

Jimmy Barker stated that tree trimming had been added to the bid and that

was clarified because he did not have a copy of the newest bid spec.  

Lauren stated that once changes were made, anyone could go by and get a bid

spec.  also, the question regarding the insurance amount was brought up, and

Mary K. Fair stated that she believed that was because when someone had gone

to inquire at Loving Insurance, that was the least amount they could get.

Mark McCord asked that this be an agenda item, the Go Cart Track. Mark

stated he thought Council was making it too hard and he had a solution for

this. The City of Seymour gets no direct benefit from that facility. If it does,

someone enlightens me. I think what needs to happen and I think of Ms.

Patterson who bid on property. Why not put it up for sale and be done with it.  

Mayor responded by saying our problem was that we had underground wells and

may prevent us from selling it.

Robert responded as well and stated that EPA had wells there.

Mark stated that we do have kids out there doing go cart races. Mayor thought

those wells came after the go cart races there at the end. The wells were not

there when the Speedway started. It had something to do with across the

street on the North side.  

Mark was thinking Ms. Portwood donated that property. I do not know that we

benefit from it at all. I think that is where we are at right now, if we can sell

it, sell it, if not, make it easy to mow.  This property is never mentioned, like

the City Park, Sound Garden.  I am going to push back a little bit Jon on what

you said, I had two people hit me up last summer and stated it was horrible

mess.  I went to the city manager at the time, and he said he would tend to it,

30 days later it was not.  I think we could lease it, sell it, or smooth it out so it

can be really easy to mow.

Mayor Hrncirik asked Mr. McCord is he was volunteering to mow and the

answer was no.  Mr. McCord stated there was a road grader up there for 2 to 3

hours and I am told its $135 per hours to use.  

MPT Glass asked Council Member Hudson regarding the track and being a part

of those races.  How many trailers come in, and the answer was about 100

trailers with 4-5 people in each trailer. So, we are looking at 1000 people in

Seymour spending money.  It does benefit Seymour some.

Lauren stated it can be developed well into a tourist location. Maybe we need

to rethink on what direction, we would like to see it being utilized.

Motion made by MPT Monty Glass, second by Council Member Jay Hudson, to

allow City Secretary Conchita Torrez, to place mowing bid in the Banner for

two weeks as required by law, with changes. Motion passed with 3 yeas and 0


A short 5-minute recess was called by Mayor Hrncirik.

Regular meeting closes and Executive Sessions will begin

10. An Executive Session (closed to the public) and pursuant to Chapter

551 of the Texas Local Government Code, §551.074, Personnel; Seymour

Police Department Chief of Police.

Executive Session closes and Regular meeting resumes

11.  Discuss, consider, and take action regarding deliberation from

Executive Session.    

Mayor and City Council discussed the situation of 2 officers leaving the

Seymour Police Department and that would leave 2 full time

officers to work. Options were discussed in hiring some reserves, while the ad

in the Banner continues to run for two weeks. 

At this time Public Comments were allowed

Mary K. Fair asked if the ad in the Banner was to fill one of these spots or to

add an additional officer.  Also, would Chief be able to use some of his reserve

officers during this time.  and the answer was yes, and maybe getting some

assistance from the Deputies.

Chief Griffin answered by saying that was to fill a spot due to one officer

leaving and giving his two week notice and another one anticipating leaving as


MPT Glass made a motion to give Chief Griffin direction to find a full time

 officer and a part-time in reserves   Second by Council Member Les Hons. 

Motion carries with 3 yeas and 0 nays.

12. Adjournment of meeting

Motion made by MPT Glass, second by Council Member Hudson to close

Meeting at 9:36 p.m.  

Passed and approved on June 17, 2021.

/s/ Mayor Jon Hrncirik


/s/ City Secretary, Conchita Torrez, TRMC