City of Seymour, Texas

May 4, 2021 – Special Called City Council Meeting Minutes

Jun 24, 2021

CITY OF SEYMOUR CITY COUNCIL

SPECIAL CALLED MEETING MINUTES

MAY 4, 2021

A Special Called Meeting of City Council was held on Tuesday, May 4, 2021 at 6:00 p.m., 301 N. Washington Street, City Hall Conference Room, Seymour, Texas 76380.

Call to Order/Roll Call/Pledge of Allegiance by Mayor Jon Hrncirik at 6:00 p.m.

Council present: Mayor Jon Hrncirik, MPT Monty Glass, Council Member Lan Winn, Council Member Brian Broome, Council Member Mary K. Fair. Please note that Council Place #2 is now vacant until someone is appointed. Brenda Miller held this position.

Council absent: None

Counsel present: City Attorney not present

City Staff present: City Secretary Conchita Torrez, Street Supervisor Shawn Sanchez, Salt Fork Recreational Complex Supervisor, Todd Hrncirik, Water/Sewer/RO Supervisor, Robert Torrez, Rand O Plant Operator John Davis.

Guest(s): Sandra Moorhouse, Rick Moorhouse, Les Hons, Mark McCord, Nancy Boone, Shawn Browning, Kathy Harper, Skylar Henricks and Paula Vaden.

1.   Hear and take action regarding Election Canvass Results from Election Judge regarding the May 1, 2021, City General Election for Mayoral position (unopposed) and City Council Place #4.

Kathy Harper, Election Judge and Shawn Browning, Alternate Judge for the May 1, 2021 City of Seymour Election were present at the meeting. Ms. Harper read the final vote count as follows:

Mayor position (unopposed)      Jon Hrncirik

Early Voting votes                                114

Election Day votes                                  72

Total                                                    186

Council member Place #4 Incumbent  Mary K. Butler Fair

Early Voting votes                                  20

Election Day votes                                 27

Total                                                      47

Council member Place #4   Opponent    Les Hons

Early Voting votes                                108

Election Day votes                                  63

Total                                                    171

Kathy Harper declared Jon Hrncirik and Les Hons as the winners of the May 1, 2021 General Election.

Motion made by MPT Monty Glass, second by Council Member Brian Broome, to approve the May 1, 2021 Canvass of Election for the City of Seymour. 4 Yeas and 0 Nays

2.   Statement of Elected Officer administered to the following: Mayoral position and Council Place #4 for a two-year term by City Secretary, Conchita Torrez.  

Conchita Torrez, City Secretary administered the Statement of Elected Officer to Jon Hrncirik and 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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

3.   Oath of Office administered to the following: Mayoral Position and Council Place #4 by City Secretary, Conchita Torrez.

Conchita Torrez, City Secretary administered the Oath of Office to Jon Hrncirik and Les Hons.

Mr. Hons took his seat on the council.

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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

4.   Discuss and Elect a Mayor Pro-tem for a one-year term and administer the Oath of Office by Mayor Jon Hrncirik.

Following the elections, a Mayor Pro-Tem is appointed by City Council for a one-year term. After a discussion was had among the City Council and there were no questions from the audience, a motion was entertained.

Motion made by Council Member Les Hons, second by Council Member Lan Winn, to appoint Monty Glass as Mayor Pro-Tem for a one-year term. Motion carried with 3 Yeas and 0 Nays.

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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

At this time, Mayor Jon Hrncirik administered the Oath of Office to Monty Glass for Mayor Pro-Tem position.

Due to Conflict of Interest, Mayor Jon Hrncirik turned the meeting over to MPT Monty Glass to discuss Agenda Item #5.

5.   Discuss, consider, and take action regarding letter received from Texas Department of Agriculture, relating to Todd Hrncirik.

MPT Glass asked that City Secretary give an explanation regarding this agenda item. Ms. Torrez stated that the letter from TDA to Todd Hrncirik dba TT Mowing Services, mailed to his personal residence, was in regard to a violation notice for “Operating without a structural pest control business license”. Specifically treating for weed control for the City of Seymour Municipal Golf Course and City Park and assessed a fine of $1,000.00. Ms. Torrez asked Todd if he was aware that it was a violation to spray without being licensed and he stated that he had been doing spot spraying and told the gentleman when he approached him, that he was not trying to hide it and had been told by the former City Administrator to spray and was doing as he had been told by his boss. Council member Lan Winn asked Todd if he had been told to spray by the previous administrator and he state yes. After Council members discussed this, the audience was asked if anyone had any questions or comments.

Mark McCord stated that the City Secretary had asked Todd the question on whether he knew it was a violation or not to spray without a license and he had not answered the question. Todd stated he did not think it was due to everyone spraying and he was not trying to hide anything. He was the only one that received a personal letter from TDA. He felt like he was being singled out. Mr. McCord stated that the City Council members could open their own personal checkbooks and pay the fine instead of using taxpayer money to pay the fine for Todd dba TT Mowing Services. Mr.  McCord also stated he had sent an email to all council members as well as the City Administrator informing them that it was a violation to spray without a license. Mr. McCord said that only two council members acknowledged his email and spoke to him regarding this matter.

Mary K. Fair stated that Todd had received his TDA notice of violation dated April 8, 2021, at his home address, the same date the City’s violation notice was mailed from Austin, Texas. The City received their notice of violation on April 12, 2021 and Todd did not bring his violation notice to the City Secretary until the morning of April 21, 2021. The City’s notice of violation with a $1,000 fine was for three city employees, including Todd, spraying without a license at City of Seymour Municipal Golf Course and City Park as well as Go-Kart Track.  Ms. Fair stated that this violation notice was for Todd’s personal business, which had a contract with the City to mow and spray the City Park, and should not be paid by the City. The City Council had already approved paying the $1,000 fine that was sent to the City of Seymour for the three employees.

Nancy Boone stated that if someone asks you to do something you know is a violation, you should not do it.

Sandra Moorhouse stated that Todd was only doing what his boss had asked him to do, and enough was enough.

No more comments were made, and a motion was entertained. Motion made by Council member Lan Winn, seconded by MPT Monty Glass to pay the $1,000.00 fine. Motion carried with 3 Yeas and 0 Nays.

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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

6.   Discuss, consider, and take action regarding entry gate located at the City of Seymour Transfer Station.

Street Supervisor explained that the reason for this change is due to an existing SOP already in place that is required by TCEQ. This order is to add 20 feet to the length of the existing entrance to the Transfer Station, which will move the gate back 20 feet from the road. A printout was provided to each Council Member and a copy is with the original minutes. Council did not have any more comments and Mayor Hrncirik asked if anyone in the audience had any comments.

Mary K. Fair asked if there was a deadline to complete this work and when the Street Department would start this project. Mr. Sanchez stated there was not a deadline and once Cleanup Week was finished they would get started; which would be in about two to three weeks.

No more comments from audience, therefore a motion was entertained. Motion made by Council member Lan Winn, seconded by MPT Monty Glass, to approve the gate as required by TCEQ. Motion carried with 3 Yeas and 0 Nays.

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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

7.   Discuss, consider, and take action regarding R. O. Expense.

Robert Torrez and John Davis were present at the meeting to explain this agenda item. Allen Phillips with Jacob & Martin Engineers had provided a list of repairs and replacement parts that were a high priority at the R.O. Plant. List includes membranes with installation, saddle change outs, and installation of chlorine and turbidity analyzers costing $21,940.00. Finance Director Mary Griffin advised Mr. Torrez that the money was not in the budget, but they could use the membrane reserve account and do a budget adjustment.  Council did not have any more comments and Mayor Hrncirik asked if anyone in the audience had any questions or comments.

Mary K. Fair stated that this was a much-needed project for the R.O. Plant.

No action taken as there will need to be a budget adjustment approved by council at a future meeting. 

Mayor Hrncirik thanked everyone for coming and stated that executive sessions would begin after a 5-minute break.

Regular Meeting closes and Executive Sessions begin.

8. An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas Local Government Code 551.074 – Personnel: City Administrator Interview with applicant number one.

Executive Session one started at 6:48 p.m. and closed at 7:31 p.m.

9.   An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas Local Government Code 551.074 – Personnel: City Administrator Interview with applicant number two.

Executive Session two started at 7:37 p.m. and closed at 8:30 p.m.

10. Discuss and take action from deliberations discussed in Executive Session One

 No comments from audience or council

No action taken on this Executive Session.

11. Discuss and take action from deliberations discussed in Executive Session Two

No comments from audience or council

No action taken on this Executive Session.

12. Adjournment of meeting

Motion by MPT Monty Glass, seconded by Council member Les Hons to adjourn meeting at 8:37 p.m.

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 officer may exercise the duties of office beginning on the fifth day after the date of the election, excluding Sundays.

PASSED AND APPROVED ON JUNE 17, 2021

/s/  Mayor Jon Hrncirik

Attest:

/s/ City Secretary, Conchita Torrez TRMC