October 15, 2020 – City Council Meeting Minutes
Jan 5, 2021
CITY OF SEYMOUR
REGULAR COUNCIL MEETING
OCTOBER 15, 2020
A Regular City Council Meeting was held on Thursday, October 15, 2020, at 6:00 P.M. at the City Hall Auditorium, 301 N. Washington Street, TX 76380.
Call to Order, Roll Call and Pledge of Allegiance by Mayor Jon Hrncirik at 6:00 p.m.
Proclamation: Czech & Hispanic Heritage Month and Cancer Prevention Month read by Mayor Jon Hrncirik.
Council: Mayor Jon Hrncirik, Lan Winn, Brenda Miller, Mary K. Fair, MPT Monty Glass and Councilmember Brian Broome attended via Teleconference.
Counsel: City Attorney Jonathan Whitsitt
City Staff: City Administrator Steve Biedermann, City Secretary Conchita Torrez, Finance Director Mary Griffin, Water/Sewer Supervisor Robert Torrez, ED Director Lauren Bush, RO Plant Operator John Davis, Chief of Police Mike Griffin and Salt Fork River Complex Supervisor Todd Hrncirik.
Guests: Myranda Baldwin, Paul Weiser, Misty Weiser, Peyton Baldwin, Allen Phillips with Jacob & Martin, LLC., Mark McCord, Sarah Elliott, Grant Elliott, Royce Woods, Charlie Rose, Paula Vaden, Cole Chandler, and Taylor Chandler.
Announcements from Mayor: Mayor Hrncirik thanked everyone for attending the meeting and reminded each of us to stay safe. He stated that COVID numbers were down and for all of us to continue to be careful.
Citizen/Questions and or Comments: At this time Mayor Hrncirik asked if anyone had any questions or comments.
Mark McCord- It is ironic to me that at the September 17, 2020, City Council Meeting, following the “Pledge of Allegiance” recitation, the citizens of Seymour were informed by the mayor that no verbal or written comments would be allowed at council meetings until further notice. This the mayor said, came down from Gov. Abbott.
I emailed and communicated with probably everyone on the council and in the city administration. No one, including the mayor, could explain to me why this was suddenly imposed on the citizens of Seymour.
You all swore on oath to protect and defend the Constitution-You did not defend our right of free speech.
The TX Open Meetings Law and Right to Speak Law were also violated.
Not one council member pushed back on these violations of our civil liberties. Disappointing. I spoke with the AG’s office regarding all these civil rights violations. She stated the AG was suggesting folks sue the governmental body in question. She believed these restrictions were so shaky they would not stand a court trial.
1. Why were these restrictions implemented on September 17?
2. Why were public comments freely allowed prior to September 17?
3. Why on the September 21 meeting, were no comments allowed ? The meeting at 7:30 a.m. when a $78,000 paving project was approved. No comments on a controversial spending project.
4. Why at the October 1, 2020, meeting were public comments suddenly allowed ?
Finally, I urge you to reject this paving fiasco. The deed executed 12.5 years ago, reads as follows: “Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged”. I provided copies to the council members.
You do not sign a deed until you have consideration in hand, or it is described in some way in the real estate documents. A written contract, signed by those authorized to sign such documents, I would assume would be customary prior to signing a deed.
The mayor has a conflict of interest yet has commented free on the subject when it was first raised. Until the City Secretary finally insisted he stop speaking. He continued to make at least one further comment regarding his opinion on paving costs. There are no known documents that spell out the terms of this so-called agreement. n. Was the street department going to pave the parking lot? What type or quality of paving was to be used?
This is wrong. I call on the council not to fund this or bow to the wishes of others. This deal never reached the council of 12.5 years ago, to analyze and provide oversight. The failures and errors on this deal should not fall on the taxpayers 12.5 years removed from this mess.
Paula Vaden – Paula introduced herself to Mayor and City Council.
She stated that a few months ago at a meeting the City held, citizens were asking that we please not raise the electricity back to the way it was. People were struggling to pay their bills, some were not working and due to the school having virtual learning for the kids and being at home, caused a hardship for parents to feed them and just have them at home. But the City stated that we had lost a lot of money and we needed it to pay bills and stay afloat. Now, the City has just agreed to pay a $78k paving project for a place that is outside the city limits and supposedly an agreement that happened 12 years ago. Now, suddenly the city has money to pay for this project. I even yelled out from the audience, “Was that in the budget”, I was told no !!
Grant Elliott – Grant had some concerns regarding the R.O. Plant and the current condition it is in. He stated that after attending several budget workshops, and listening to how much money had been spent on at the R.O., how come it was in the bad shape it was in ? He hoped that after tonight and Allen Philips giving a summary of what is needed, would explain some of these questions.
Consent Agenda: (Items listed under the Consent Agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the Consent Agenda for separate discussion and action.)
1.CONSIDER APPROVING THE CONSENT AGENDA AS FOLLOWS:
a.) Approve meeting minutes for September 17th, September 21st , & October 1, 2020
b.) Accept Reports
1. Monthly Investment Report for August 2020
2. Employee List & Salt Fork Golf Membership Total (88)
3. Administration and Supervisor Written Reports
4. Quarterly Investment Report
End of Consent Agenda
After Council reviewed the Consent Agenda, a motion was entertained. Motion made by MPT Glass, seconded by Councilmember Winn, to approve consent agenda. Motion carried 5/0
2. Discuss and hear presentation regarding the Reverse Osmosis Plant by John Davis and Allen Phillips with Jacob & Martin, LLC.
Allen Phillips gave a summary of the State of the WTP Project and subsequent PLC Project:
PLC Project has been completed and a final walkthrough was conducted. The 90% payment has been processed for the project. Allen stated he had asked the contractor to supply a price for the change out of the blend valve as a change order. A breakdown of the price was handed out at the meeting.
Two items have been discussed with the first being the potential change order for the addition of the blend valve for $13,610.00 and the addition of the well #11 control tie in via Radio for an estimated $10,000.00
Well #11 Physical Water Line tie in:
A question had been asked if Well #11 was tied in as per the Construction Contract with Heritage Constructors. After a field investigation by Robert, John, and myself, it was determined that while they did, a segment of the old well #11 line farther downstream had been cut during the installation of the Baylor well line reroute. Allen stated we are in the process of working with the original contractor to attempt to get this issue corrected. We are also working through getting quotes from a local contractor on getting the issue addressed as well. The site plan depicting the line break was handed out at the meeting.
The Well #11 phone line was removed during the project as it went through the proposed pond tie in, however, we have record where the contractor was instructed to proceed with the demolition of the well #11 tie in with reconstruction to be determined later. Therefore, hey were never given instruction or compensation for laying new phone line, etc. this is the reason for the discussion of the $10,000 potential adder in item .
No decisions were made, as this was an update from Allen Phillips with Jacob and Martin. City Council thanked him for the information and for taking the time to come and explain these items to them.
Regular Meeting Closes and Executive Session begins AT 6:43 p.m.
3. An Executive Session (closed to the public) and pursuant to the Texas Local Government Code, Section §551.071, Consultation with City Attorney regarding Rate Study and Information with Steve Moffitt, Schneider Engineering.
Executive Session closes and Regular Meeting resumes
4. Discuss and hear presentation from Steve Moffitt, Schneider Engineering regarding Electrical Rate Study for the City of Seymour, 2021.
Steve Moffitt with Schneider Engineering spoke on figures he will compile for the November 19, 2020, Regular City Council meeting. Steve Moffitt will present his proposal for the new electric rates for the City of Seymour at that time. Council will hold two public hearings before the new rates are approved at the January 2021 Council meeting. These new rates will become effective on customers February 2021.
No action taken was taken on this agenda item as it was information only on the progress that Steve Moffit with Schneider Engineering has made.
5. Discuss, and take action regarding deliberation from Executive Session, Rate Study and Information.
No action taken until the November 19, 2020,
6. ED Director Lauren Bush, will review Seymour City Codes Chapter 4, Business and Commerce and Chapter 5, Fire Protection Codes with City Council.
ED Director Lauren Bush presented to Mayor Hrncirik and City Council Codes regarding Business and Fire Protection Codes. She went over the edits and deletions with them and asked that they review these codes as they will be presented next month for approval from City Council. No action was taken on this agenda item.
7. Discuss, consider, and take action to review and approve Resolution No. 1500, a resolution of the City of Seymour, regarding the City of Seymour Investment Policy as required by law on an annual basis to be reviewed.
The Investment Policy was reviewed by a representative of Eide Bailley. Shannon Strickland stated that it did not require any changes and could be passed at the next council meeting.
Motion was made by MPT Glass, seconded by Council member Brenda Miller, to approve Resolution No. 1500, approving Investment Policy for the City of Seymour. Motion carried with 4 yeas and 1 nay by Councilmember Mary K. Fair. She stated that if the City Administrator would like to go over the policy with her, she would be glad to meet with him.
8. Discuss, consider, and take action to approve the City bills paid the month of September 2020, in the amount of $ 586,226.39.
Motion made by Council member Mary K. Fair, seconded by Council member Lan Winn to approve city bills paid in the amount of $586,226.39 the month of September 2020. Motion carried 5/0.
9. Discuss, consider, and approve the Tabor Wyatt Softball Benefit Tournament scheduled for October 17th thru October 18, 2020.
Motion made by Council member Mary K. Fair, seconded by Council member Lan Winn, to approve Tabor Wyatt Tournament scheduled October 17-18, 2020. Motion carried 5/0
10. Discuss, consider, and take action regarding paving sealed bid (s) received for the Cliff Styles parking lot.
Motion made by Council member Lan Winn, seconded by MPT Monty Glass, to approved sealed bid for 78, 000.00 from Freeman Paving. Motion carried 5/0
11. Discuss, consider, and take action regarding tennis and basketball court bid (s) received.
A bid was received from Texas Courts & Windscreens in the amount of $15,900.00, if both projects were to be done and completed at the same time.
If projects were done and completed separately, it would cost $7,600.00 for the tennis courts and $8,900.00 for the basketball courts. An increase of $600.00.
Motion made by MPT Glass, seconded by Council member Lan Winn, to accept and approve the $15,900.00 option. Motion carried 5/0.
12. Discuss, consider, and take action regarding Code Enforcement Supervisor job description.
ED Director presented to the mayor and city council a Code Enforcement Supervisor job description that she had put together. Mayor and City Council approved of this description and a motion was entertained. Motion made by Council member Lan Winn, seconded by Council member Brenda Miller, to approve and accept the job description as it is written.
Motion carried 5/0.
Mayor Hrncirik called for a recess at 8:07 p.m. Recess ended at 8:18 p.m.
Regular meeting closes and Executive Session begins at 8:20 p.m.
13. An Executive Session (closed to the public) and pursuant to Chapter 551.071, Consultation with City Attorney regarding Salt Fork Gun Range dispute over easement.
Executive Session two closes at 10:36 and Executive Session three is not entered as per City Attorney Jonathan Whitsitt. Therefore, Mayor Hrncirk goes into agenda item #15.
14. An Executive Session (closed to the public) and pursuant to Chapter 551.071, Consultation with City Attorney regarding Gun Range Member behavior.
City Attorney Jonathan Whitsitt felt that it would be best not to go into this Executive Session.
Executive Session three closes and Executive Session four begins at 10:49 p.m.
15. An Executive Session (closed to the public) and pursuant to Chapter 551.074, Personnel job description for Code Supervisor job description.
Executive Sessions close and Regular meeting resumes
16. Discuss, consider, and take action on deliberations resulting from Executive Session regarding Gun Range Easement dispute.
Motion made by Councilmember Broome, seconded by Councilmember Miller, to settle agreement with Charles Rose and have all the attorney paperwork completed and signed by the parties. Motion carried with 3 Yeas (Miller, Broome, and Fair) and 2 Nays (Glass & Winn).
The Yeas have it by majority win.
17. Discuss, consider, and take action on deliberations resulting from Executive Session regarding Gun Range Member’s behavior.
Agenda item skipped, therefore, no action taken.
18. Discuss, consider, and take action on deliberations resulting from Executive Session regarding Code Supervisor job description.
City Council will review the job description and present new ideas to ED Director Lauren Bush at the November meeting and possibly enforce these ideas by the first of the year.
No action was taken or needed.
19. Discuss, consider, and take action regarding a temporary change in the response time (30) minutes for the Electric Department, until a full crew is established.
Motion made by MPT Monty Glass, seconded by Councilmember Brenda Miller, to allow a 1-hour response time for the electric department until a full crew is established. Motion carried 5/0.
20. Adjournment of meeting at 11:36 p.m. by MPT Monty Glass, seconded by Council member Brenda Miller.
Passed and Approved on this the 17TH day of December 2020
Mayor Jon Hrncirik
Conchita Torrez, City Secretary, TRMC