November 17, 2022 – City Council Meeting Minutes

Dec 27, 2022

Seymour City Council  

    Regular Meeting

November 17, 2022

A Regular City Council Meeting was held on Thursday, November 17, 2022, at 7:00p.m. at the Portwood Art & Civic Center, 800 E. Morris Street, Seymour, Texas,76380.

Call to Order at 7: p.m. by Mayor Jon Hrncirik

Roll Call by Mayor Jon Hrncirik

Pledge of Allegiance by Mayor Jon Hrncirik

Prayer led by Lauren Bush

Council Present: Mayor Jon Hrncirik, MPT Les Hons, Council Member Mark McCord, Billy Henricks and Lan Winn.

Council Absent: Sabrina Rivers

Counsel Present: Frederick “Fritz” Quast

Staff Present: City Administrator, Dr. Jeffrey Brasher, City Secretary Conchita Torrez,

ED Director Lauren Bush, Police Chief Mike Griffin

Guests: Kim Stevenson, Kimberly Hill, Janice Thornhill, Erika Dalton, Aaron Oldham,

Baylor Co. Deputy, Justin Jones, and John Wilson

At this time, Mayor Hrncirik moved on to agenda item #5, as council was waiting for City Attorney to arrive.

5.  Mayor or MPT Announcements  

Mayor Hrncirik had no announcements at this time.

MPT Hons encouraged everyone to drive safe in the cold weather.  

6.   City Administrator Announcements

a.)  November 24th -27th, City Hall Closed for Thanksgiving Holiday

b.)  December 1, 2022, Mistle Toe Market  

c.)  December 8, 2022:

     1.)  Seymour VFD Hamburger Feed @ 5:30 p.m.

     2.) Christmas Parade @ 7:00 p.m.            

     3.) Christmas Tree Lighting during parade festivities

d.)  December 9, 2022. Christmas Party for Employees/ City Council

e.)  December 15, 2022, Regular City Council Meeting

f.)  Addition of a third police officer for the SPD               

Dr. Jeffrey Brasher stated and read a list of the following City Hall Closures for the holidays and also the Christmas Events that will take place the month of December.  

City Administrator, Dr. Jeffrey Brasher announced that City Hall & Transfer Station, would be closed on November 24th – 27th, for Thanksgiving Holidays, and reminded City Council of the Annual Hamburger Feed on December 8th at 5:30 p.m., at the Seymour Volunteer Fire Department Building, followed by the Christmas Parade at 7:00 p.m.

Our City Council meeting for the 2022 year will be on December 15, 2022.

City Administrator also announced the addition of a third Police Officer, Felipe Deanda.

No action required on this agenda item.  

7.  City Administrator Dr. Jeffrey Brasher, recognizes United Supermarket   

Dr. Jeffrey Brasher recognized John Wilson, Manager of the Seymour United Supermarket, for their generous donations of food and water for the City’s Haunted Hall Event that was held October 29, 2022.  Mr. Wilson stated that it was a privilege to serve our community.

8.  Citizen(s) Comments

Janice Thornhill thanked the City of Seymour for their generous support of the Baylor Co. Historical Museum. She stated that the support of the city is a tremendous help and are very appreciative of this annual donation.

9.   Public Hearing (s)

a.) Second and Final Public Hearingregarding an applicationfor a re-zoning request by Derek Dalton, concerning subdivision of Lot 13, Block 8, of the Original Seymour Addition, comprised of .116 acres, located at 120 S. Washington Street, in Seymour Texas.

ED Director Lauren Bush stated that Derek Dalton had applied for a re-zone application for location described as 120 S. Washington Street. 

Erika Dalton spoke on behalf of her husband who was out of town and stated his plan was to turn and use 120 W. Washington as a residential area for his dad.

No one else spoke for or against during this public hearing.

b.) Second and Final Public Hearing regarding an application for Zoning Specific Use permit request by Chris Orsak, concerning Subdivision of Lot 10, Block 1, of the S-D Addition, comprised of .160 acres, located at 312 W. 13th Street in Seymour, Texas.  This shall also include permission for a recreational vehicle to be used as a residence on an R-1 zoned lot.

ED Director Lauren Bush stated that Chris Orsak had applied for a Zoning Specific Use permit, for location described as 312 W. 13th  Street.  This location is already being used with a recreational vehicle at the residence.  Mr. Orsak had been out of compliance for about 4 months, and he is reapplying so he may be in compliance. He is requesting that city council consider approving his Specific Use Permit.  

Council Member Mark McCord stated that he would not like to see this area with a recreational vehicle.

No one else spoke for or against during this public hearing.

c.) First Public Hearing regarding the Hotel/Motel Tax Ordinance, creating and updating regulations/guidelines for existing ordinance.   

The proposed modification of the ordinance is to update the regulations/guidelines of the existing ordinance. The current ordinance needs updating to provide clear guidance to the city administrator on how this process should be managed.

Council Member McCord stated that the Advisory Board mentioned in this ordinance has no power to make decisions and he feels that any decisions that are to be made, should be made by city council.

Mayor Pro-Tem Les Hons stated that City Council should have the last word on any funds requested and distributed.

This is the first public hearing and during the month of December, at the regular council meeting, modifications may be made to determine how city council wants this ordinance to read.

Kimberly Stevenson spoke and stated it would be easier if this ordinance had some guidelines and educate the requestors on how the funds should be used.

No one else spoke for or against during this public hearing.

10.     Action Item(s)

a.) Discuss, consider, and take action regarding City of Seymour, Sick Leave Incentive.

Dr. Jeffrey Brasher spoke regarding this agenda item.  He stated that last year $27,520.00 was budgeted for the Sick Leave Incentive and $12,755.44 was distributed at the Christmas Party.  This year $14,261.07 will be paid out, which includes retirement and pay roll taxes, As time goes by, and employees use sick leave time, this amount may decrease. 

Motion made by Council Member Billy Henricks, seconded by Council Member Lan Winn, to

allow the distribution of the Sick Leave Incentive during the Christmas Employee/ City Council Party scheduled for December 9, 2022.    Motion passed 3/0 with Mayor Pro-Tem Les Hons, abstaining from vote. 

b.  Discuss, consider, and take action regarding a Re-Zoning request from Derek Dalton, for location at 120 S. Washington Street.

Motion made by MPT Les Hons, seconded by Council Member Mark McCord, to approve a Re-Zone request from Derek Dalton, for location described as 120 S. Washington Street.  Motion passed 4/0.  

c. Discuss, consider, and take action regarding Zoning Specific Use Permit as requested by Chris Orsak, including permission for a recreational vehicle to be used as a residence on an R-1 zoned lot.

Motion made by Council Member Lan Winn, seconded by Council Member Billy Henricks, to approve Zoning Specific Use Permit, for Chris Orsak.  Motion passed 3 for and 1 against by Council Member Mark McCord.    

d.  Discuss, consider, and take action regarding (Request for Proposals) RFP’S for Professional Audit Services, for the 2021-2022, City of Seymour Fiscal Year.

Dr. Jeffrey Brasher stated Mr. Paul Fleming had visited with him and Mary Griffin and was impressed with his expertise regarding audit information.

Motion made by MPT Les Hons, seconded by Council Member Lan Winn, approving Edgin, Parkman, Fleming & Fleming to work with the City of Seymour regarding the audit report.

Motion passed 4/0.

e.)  Discuss, consider, and take action to approve Resolution No. 1535 , appointing a Council member to the Baylor County Appraisal Board for a one year term.    

Motion mad by Council Member Billy Henricks, seconded by Council Member Lan Winn to approve Resolution No. 1535, and re-appoint MPT Les Hons to the Baylor County Appraisal Board for a one year term.   Motion passed 3/1 with MPT Hons abstaining from vote.

f.)   Discuss, consider, and take action regarding an update on Wood Chipping Project.

City Administrator , Dr. Jeffrey Brasher stated that after contacting TCEQ, outdoor burning was

not part of the approved Site Operating Plan for the City of Seymour Transfer Station.

Therefore, Thelin Recycling would be willing to come and take care of the brush pile for an

amount of $21,000.00. An additional amount of 1,000.00 – $2,000.00 may be added if there is

an increase in the previous brush pile they inspected.  

Motion made by MPT Les Hons, seconded by Council Member Mark McCord, approving the

wood chipping service of Thelin Recycling.   Motion passed 4/0.

g.)  Discuss, consider, and take action regarding Seymour Helping Hands representative, Kim Stevenson’s request to approve 2nd Annual Spring Fling , Saturday, May 6, 2023.

Kim Stevenson, representing Seymour Helping Hands addressed Mayor Hrncirik and City Council.  She stated that the organization was busy making plans for their 2nd Annual Spring Fling, on Saturday, May 6, 2023.  Last year, they had 42 vendors,  and 41 cars present. 

Council Member Mark McCord asked if she would come back to the April City Council meeting and give another update as the time got closer.  Ms. Stevenson agreed to come back and address the council.

Motion made by Council Member Mark McCord, seconded by Council Member Lan Winn, to approve the Seymour Helping Hands, Annual Spring Fling, on Saturday, May 6, 2023. 

Motion passed 4/0

11.  Remove tabled agenda item #9 (f) (Lowe Stout Building) from the October 20, 2022, agenda item, and place back on the table for discussion in the form of a motion/second.

Motion made by MPT Les Hons, seconded by Council Member Lan Winn, to remove the Lowe Stout Building tabled agenda item from the October 20, 2022, meeting. 

Motion passed 4/0

12. Discuss, consider, and take action approving the sale of Lowe Stout Building to Seymour ISD, in the amount of $10 K, included is approval of agreement.   

 Motion made by Council Member Billy Henricks, seconded by Council Member Lan Winn, to approve sale of Lowe Stout Building to Seymour ISD, for $10,000.00.

Motion passed 3 For and 1 No from Council Member Mark McCord.  

13.  Consent Agenda: Consider approving as follows:

a. ) Approve October 20, 2022, Meeting minutes

b.)  Financial Report

c.) Employee List & Salt Fork Golf Membership Total (109)

d.) Supervisor Written Reports

e.) Discuss, consider, and take action regarding City of Seymour bills paid the month

of October 2022.

f.) Discuss, review, and approve Resolution No. 1536, City of Seymour Investment Policy,

(as required on an annual basis.) 

The Consent Agenda was reviewed by City Council and approved.  Motion made by Council Member Lan Winn, seconded by MPT Les Hons.  Motion passed unanimously 4/0.

At this time City Council went into Executive Session with Legal Counsel Fritz Quast at 8:10

p.m.

3.  (A)  An Executive Session (closed to the public) and pursuant to Chapter 551 of the Texas

Local Government Code, under Section § 551.071;Consultation with City Attorney, regarding :

  1. Contemplated Litigation with Baylor Special Utility District concerning the 1994 water supply and treatment agreement with the city and potential settlement; and
  1. Councilmember training and discussion of open government of laws, ethics, potential conflict of interest, and liability potential.
  1. Personnel Matters

(B.)  An Executive Session (closed to the public) pursuant to Chapter 551.074 of the Texas Local Government Code: Personnel

1. All members of the City Council: Mayor Jon Hrncirik, Mayor Pro Tem Les Hons, Lan Winn, Mark McCord, Sabrina Rivers Mayor Pro-Tem Les Hons, and Billy Henricks.  

City Council addressed several items, along with City Counsel Fritz Quast and the meeting

resumed into regular session at 9:05 p.m.

  1.   Action regarding Executive Session
  •   Discuss, consider, and take action regarding Baylor Special Utility District.

  No action was taken on this agenda item.

  •   Discuss, consider, and take action regarding City Council training.

        No action was taken on this agenda item.

          ( B.1)  Discuss, consider, and take action regarding City Council Members: Mayor Jon    Hrncirik, MPT Les Hons, Mark McCord, Billy Henricks, Lan Winn, and Sabrina Rivers. 

Note: Council Member Sabrina Rivers was absent.

          No action was taken on this agenda item.

14.  Adjournment of City Council Meeting at 9:15 p.m. 

Motion made by MPT Les Hons, second  by Council Member Lan Winn.

Passed and Approved on this the 20th day of December, 2022

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

Mayor Jon Hrncirik, City of Seymour

Attest:

City Secretary, Conchita Torrez, TRMC