May 27, 2021 – Special Called City Council Meeting Minutes

Jun 24, 2021



MAY 27, 2021

A Special Called Meeting of City Council was held on Thursday, May 27, 2021, at 5:30 p.m., 301 N. Washington Street, City Hall, Conference Room, in Seymour Texas 76380.  

Call to Order, Roll Call and Pledge of Allegiance by Mayor Jon Hrncirik at 5:33 p.m.

Council Present: Mayor Jon Hrncirik, MPT Monty Glass, Council Member Les Hons, Council Member Lan Winn, Council Member Brian Broome

Council Absent: Council Member Jay Hudson

Counsel Present: No counsel was present at this meeting

City Staff present: City Secretary Conchita Torrez, SFRC Supervisor Todd Hrncirik, ED Director Lauren Bush, Water Supervisor Robert Torrez, Police Sergeant Bryce Sawyer

Guest(s): Mary K. Fair, Nancy Boone, Charlie Rose, Mark McCord, Kamryn Hrncirik, Misty Hrncirik, Tami Glass, Mandy Miller, Rick Moorhouse, Sandra Moorhouse, Ryan Miller, Grant & Sarah Elliott, A. Pappas, Kelly Fest

At this time Public Comments were allowed

Charlie Rose spoke and stated that the behavior from last week’s meeting was ferocious by the Mayor, Monty Glass and Conchita Torrez.  You ma’am are the Parliamentary you are supposed to keep things from getting out of control. Never should have happened and I should have never been thrown out of that meeting. I have a right as a citizen to speak up when you all are doing wrong. I have a right to speak my mind, and tell you when you are wrong, I have aright as per the State of Texas to criticize you individually and as a group or just in general. You do not give the mayors family an opportunity to stand up there out of order and not dealing with the agenda item to slander me or anybody else.  And if it happens again, I will go straight to the Attorney General.  Next, about 4:00 o’clock this afternoon, I got a phone call , I have sat back quietly for seven months, while Mayor, Council and members of this council specifically violated our settlement agreement. I found out today that not only had you done all that, but you also violated the confidentiality clause, by releasing it to the public. You cannot do that. And you cannot keep telling people your slow walking stuff because you want to make sure the attorney goes over it, there is no way on Gods green earth your attorney told you to release that.  So, now we can all deal with the aftermath. You are on notice right now.  Do not, do not remove or destroy any record that has anything to do with our settlement, the discussions between us or the discussions between city workers, council members and the mayor in any or that order. I am not going to be silent anymore. I am alone at playing the good guy here, in keeping my mouth shut and keeping to the terms of that agreement. You violated it every way you could and now its my turn.

Mary K. Fair spoke next by stating I wish Jeff were here so he could hear what I have to say. 

Mayor Hrncirik by stating June 8th .  

The city website is grossly out of date, it still lists me and Brenda Broome, I mean Brenda Miller, as being on the council and should have been updated already. Its been 26 days since the election, 23 days since the canvassing. The minutes and agendas are very difficult to find and in no order I would suggest that you all look into other cities, Vernon has an excellent example how they keep their minutes and agendas, so they are easily found and are in order. The conflict-of-interest forms are supposed to be posted on the website, public hearings and bid notices every single one, and they are lacking.   The other thing is, is that the family members and friends of city council members, not everyone but, you know who I am talking about were horrible and it got taken down by the Rants page, I kept my mouth shut, while I was on the council , but since I am not on the council anymore, then I am trying to defend myself.  But there have been so many lies and everything, but I do appreciate Misty Hrncirik and she did post publicly an apology to me about it, and I do appreciate that. I told her some of the facts and I know you do not control your wives, but your wives should have enough decorum to not call people stupid, and things like that.

Conchita Torrez asked permission from the mayor to speak.

I addressed this to Mr. Rose and stated that the reason I sent it to the attorney was because when Mr. McCord and Nancy Boone requested all this information, I did not know what could or could not be given as an open record.  The attorney sent it to the Attorney General, and they decide what they can and cannot have.

At that time Charlie spoke and said no body told you to release it.

I stated he would not know that, because he was not here at my job.

At that time, he and Nancy started speaking at the same time and one said I violated the contract by releasing it. 

I stated once again that no, I sent Nancy what the attorney told me too.

Mr. McCord at that time spoke and stated he did not think I understood what got released.  I stated yes, I knew what got released.

1.  Discuss, consider, and take action to approve the ratification of meeting minutes for May 4, 2021, and May 6, 2021, May 13, 2021, and May 20, 2021, as  per Secretary of State and TML Attorneys, by re-voting for all the above meeting minutes, due to a City Secretary error.  

(Council Member Hons was re-appointed on May 21, 2021)

At the last meeting on May 20, 2021, Charlie Rose told Council Member Les Hons that it was not nothing personal but that he was not legally a council member. 

I knew that the Canvass of Election was correct according to my election calendar, which stated May 4th -May 12, 2021.

It was also valid to swear CM Hons in, but, I should not have allowed him to assume his duties until May 7, 2021.  I called Secretary of State and TML Election Attorneys to see what I needed to do. I explained what I did and needed to know what I had to do to correct the issue as Hons had voted and made decisions on the May 4, May 6, May 13, and May 20th meetings.

I was told by both attorneys that all I had to do was ratify all the minutes and state in the motion the word ratifying meeting minutes and state the dates of the minutes, then re-swear CM Hons again in my office, which I did on May 21, 2021.

They both heard the concern in my voice because I had asked them if I was going to jail.  Both stated that I would not be the first or the last to make this error.  And after it was all said and done, laughed at me for being so panicky.  I had never done this before, as I have done elections for 15 years.

Her last words were to Err is Human. 

Public Comments were allowed at this time

Charlie Rose spoke and stated that he was actually wanting us to back up and do it right. You were out of line the way you spoke to me

Mayor stated I own it. She is on the air she did not apologize and at that time Charlie stated he was talking to me not him.

The mayor stated he was in charge of the meeting, while Charlie stated do not do it again.

Mayor asked me if I would like to talk to Charlie some more, and I stated not really but I will. If you think that I was out of line at that meeting, I was just trying to control the meeting. But it is not my job to tell them when, they allow people to speak.  He stated that it was the way I spoke to him at that meeting when I brought that up. I told you at that time that I knew when the election canvassing was, you started yelling at me. But, if you feel that I  did that to you, then I sincerely apologize.  There it is but if you do not want to accept it then I do not know what to do, its your call not mine. I will not sit here and constantly be told what I did wrong, when you all bash everybody else.

Charlie Rose stated this was his time, not mine. He stated thank you for apologizing, he was being nice. I saw an error I pointed it out, its there on Marks recording, KSEY and on the internet for anybody to see. I was not rude about it, I just told you it was done wrong and needed to correct it.

MPT Glass and Council Member Les Hons stated that I acknowledged my mistake, and we were beating a dead horse to death , lets move on.

Mary K. Fair stated to Monty that if he had a problem speaking, and he stated only when it is the same thing going on and on and on.

On the minutes I have not had a chance to get to the corrected minutes, but I have a question on the minutes that was on the 20th. Where we had two members absent, so that means there were three, but with Les not being properly seated, that left only two council members there, so it sounded to me like that was not a quorum. 

I responded by saying that the attorney had stated that once the minutes were ratified, with Mary K. Fair stating that he was not re-sworn in until May 21, 2021.

Mary K. Fairs concern was for council to follow the proper procedures from day one.

Mayor Hrncirik stated that it would cost the taxpayer more money, but we would do it again.

Mary K. Fair stated that if we had been doing things right we would not be having this discussion.

I stated to Mary k. Fair that she had been on this council for a few years, and she knew every little detail that went on. I went on to say it was only on the things that convenience would she agree and reminded her of the time I told her to not allow anyone to take advantage of her, because she looked very bias when you are voting and be careful with what you do.  Now, you are trying to bash the council.

Mary K. Fair stated that she had been blasted by the council and cussed her out.

MPT Glass stated no ma’am, I have never cussed you out. I might have screamed at you, like Nancy said I am one of the rudest members up here.

And when I started reading and researching was when I realized there were more things the council was doing wrong.

MPT Glass stated we have only been doing things wrong the last 26 days you have been out of council. He asked so you are included in this, because on some of these issues the whole council is guilty.  There were times I voted against what you all wanted, and I got blasted for that.

Think about it, go back, and read those minutes, stated Mary K. Fair

MPT Glass stated he did not have time he had a life; the conversation went on for a while.

Mark McCord stated Jon you may not like these comments but as citizens we have a right to criticize bad decisions as we see them.

Mayor stated you all have beat us up so bad and Mark replied no we have not.  you said on the last meeting you see me on the streets and shake our hands, this are your rules, when do we get to speaking a public setting.  

Sandra spoke first out of term during consent agenda.  And in due fairness, when Sandra spoke and it is not my job, it is Mayors and MPT to control the meeting, she should have been stopped immediately, but, since you all allowed her to speak, Charlie should have been allowed to speak as well.

Motion made by MPT Glass to ratify the meeting minutes for May 4, May 6, and May 13, 2021, second by Council Member Brian Broome. Motion carried 4 Yeas and 0 Nays.

2. Discuss, consider, and take action in regard to request from Ryan Miller, to use the Go-Cart Track.  

Ryan Miller stated he was there before the council to use the go cart track for their family reunion July 3rd and 44th.  They have had a family reunion for the past 50 years and 25 of those years have been at the Catholic Parish Hall.  It was shut down last year due to COVID and were not allowed to have it. This year they will be renting out the KC Hall and would like to be able to utilize the track for bounce houses, water slides for the children. We would be glad to pay a rental fee if that were what you would decide to do.

We have a fund that also helps raise money for scholarships, this event brings in hundreds of people in each year and they fill up the motels and gather up as a group.  He also requested to be able to block down a portion of Reiman Street for the safe crossing of the kids, adults, and elderly. I would like 150 feet portion of the intersection of East Street, down to about where the KC Hall is. There is a gate to the track, and we would not have a lot of cross traffic.

Mayor Hrncirik asked Bryce Sawyer if he saw any problems in blocking the streets.  

Bryce stated he did not feel like there should be any problems, because during the Go-Cart-Track events, streets and blocks were blocked anyways. So, he did not see any issues with that, and it was not a busy street on that one block.  The only thing requested was that Mr. Alvarado, to the East of the KC Hall, that his driveway not be blocked during that time. Ryan understood.

Council Member Broome stated his only concern was someone had mentioned wells on that property and wanted to know if it was safe for kids.

Next question arising how much council would rent it for and the answer was to rent it for $100 plus a $50 deposit, with the Casillas Family Reunion receiving back the $50 deposit once the event was over and trash was picked up.  

Public Comments were allowed at this time.

Charlie Rose spoke by stating it sounded like good use of the facility, that is otherwise neglected, nothing but a liability for the city, if they are going to rent it from the city you need a liability waiver in play, whether there is a contract or not, someone has to get it ready and mow it and if they are willing to pay to rent it, it has to be mowed either way.

He stated it was a lot easier to go pro-active than to clean up a mess.

Mary K. Fair stated that it was just like the waiver liability that BIBC has with a sign in sheet and waiver.

Mandy Miller stated they do the same thing for the hall during the reunion.

Mark McCord stated he was just going to muddy the water just a little bit more and was all for Ryan and family to use the go cart track. He stated the thought the city should have an Environmental Study on that on that property, due to water being sprayed on it for years, and the water is contaminated.

Council Member Winn stated grass grows really good over it

Mark McCord stated he was not an Environmental Expert, but Winn might be one. In the early 80’s or late 70’s they changed the transformers but there could be cancer chemicals. 

Motion made by Council Member Les Hons to allow Ryan Miller to rent out the Golf-Cart-Track for $100 plus a $50 deposit, which will be refunded once the event is over, and trash has been picked up.  Second by Council Member Lan Winn.  Motion carries 3 Yeas and MPT Glass abstaining (he is kin).

3.  Discuss, consider, and take action to re-address SFRC Golf Fees for more clarification.

After discussing this in another meeting, it was realized that some more clarification was needed on this agenda item.

A 5-minute recess was taken so cake could be served and enjoyed.

Council Member Broome explained that they needed clarification due to adding another type of membership.  Council Member Broome read aloud the information that Lauren had presented the meeting before.  (For more details on this come by City Hall and get a copy)

Mayor Hrncirik stated it did not make any sense to give members two months free if they paid up front.  Council Member Brian Broome stated that has always been standard.

After a brief discussion, comments were opened to the Public

Mary K. Fair asked is someone could read back the fees before , and Council Member Winn stated it would be easier to send it to her phone.

Charlie Rose commented that he realized basically seeing some of the stuff that has been posted, couple of stuff that has been talked about the last couple of weeks, a lot of people talking about the SFRC thing is a burden on the city and wish it would just go away.  I am one of the few people that will stand and tell you it is a benefit to the city. Yes, the city subsidizes it, but it brings hundreds and hundreds of people into town, that otherwise, not come in here and spend money. Make it affordable to people so that they can afford it. 

Mary K. Fair spoke again wanting the old fees before they were changed.

Mark McCord stated he has always been confused about the cart rentals.  I want to go out there on Tuesday, to play golf and I want to rent a cart. Is it for one person, two people, nine holes, how does that work .  Bryan you are a member out there?

Brian spoke and stated that the cart is a two-seater cart and one charge. Two people can ride on the cart, just both will pay green fees.

Council Member Hons stated only the elite golf courses will charge you for a ride. Most people will not play more than 18 holes

Motion made by Council Member Brian Broome to adopt the memberships for regular membership, full facility membership, elite membership, youth pass, gun range weekend green fees, cart rentals, swimming, day shooting pass, and annual fishing pass, with members of the household defined as a couple living in the same house and their kids as long as they are students. Motion was seconded by MPT Monty Glass.  Motion carries with 3 Yeas and 1 Nay by Council Member Lan Winn.

4.  Discuss, consider, and take action regarding quotes received to paint the   City Administrator Office from the following:

Brian Schoonover                       $ 625.00 (City buys the paint)

Jason Ermis/JTE Construction     $ 750.00

Joe Bob Emsoff                            $ 1,280.00

Will Mason                                     $2,000.00

After a brief discussion regarding each quote received,

Council Member Les Hons stated that the reason the city departments could not take the time to paint themselves was because they had other obligations in their department.  Also, they were not professional painters as well. 

Council Member Broome stated that if we were going to pay someone to do the job, it needed to be someone professional and with the skills.

Mayor  allowed for Public Comments

Charlie Rose spoke and stated if we wanted it to look professional or 2 or 3 guys of the street did it.  Think about how much stuff is in that office, it has to be pulled down, protected and 2 coats of paint. There is a lot of work for that job.

Nancy Boone stated there was a lot of consideration to do the paint job.  Like kilting, how many coats it would take and all that is considered.

Sandra Moorhouse stated that she had seen a lot of Schoonover’s work and it is good.

Mary K. Fair asked if JTE Construction had built some houses in town. She stated she knew they did roof, and Joe Bob Emsoff did the Portwood.

Mayor stated that Joe Bob Emsoff does painting all the time, that is all he does.

A motion was entertained after another discussion.

Misty Hrncirik stated they had Jason Ermis do their siding and roof and he never finished it and it has been about 3 years and to this day is not finished.

Motion made by MPT Monty Glass, seconded by Council Member Lan Winn to accept the quote received from Joe Bob Emsoff in the amount of $1280.00. to paint the City Administrator Office.  Motion carried 4 Yeas and 0 Nays.

5.  Adjournment of meeting by MPT Monty Glass, second by Council Member Brian Broome at 6:53 p.m.

Passed and approved on June 17, 2021

/s/ Mayor Jon Hrncirik


/s/ City Secretary Conchita Torrez, TRMC