MINUTES FRITCH CITY COUNCIL REGULAR SESSION TUESDAY March 17, 2015 540 EAGLE BLVD SCHOOL ADMIN BLDG FRITCH, TEXAS 7:00 P.M. 1. CALL TO ORDER. Meeting was called to order at 7:01 by Mayor W. Kelly Henderson. Council members in attendance: Mayor Pro Tem Ivan Wade, Mike Giesler, Yvonne Blackwell, and Richard Hein. City employees in attendance: City Secretary Cindy Cook, City Manager Steve McKay, Chief Monte Leggett, Officer Gloria Robles, and Public Works Director Cody Benge. 2. INVOCATION – PLEDGE OF ALLEGIANCE. Prayer given by Mayor Pro Tem Wade. Pledge given by Council member Blackwell. 3. RECOGNIZE VISITORS – MAYOR KELLY HENDERSON. Mayor Henderson greeted a crowd of approximately fifty citizens. 4. OPEN FORUM. Vickie Wilson – It has been a long time since I have given a report. I am working on the third wall of the Memorial at the park. It is over half way finished. A bench has been donated by an individual. The bench will be cemented in the ground so it cannot be removed. Jeff Campbell – I have a question concerning crime control. Is it funded by sales tax? Chief Leggett said yes. Mr. Campbell -What are the qualifications for being on the crime control board? Chief Leggett responded that you must live within the crime control district. He also asked who the current members are and do they all live within the city limits since it is funded by city sales tax. Chief Leggett said he is the only one who does not live within the city limits. The other members are Robin Anderson, Don Laughery, Charlie Morris, Dwight Kirksey, Emily West and Will Falwell. Chief Leggett said there will be two openings. Charlie Morris has submitted his letter of resignation and Chief will move from member status to Director. The board meets six times a year. Mr. Campbell said people have asked him about membership and who controls the funds. He did not want to see the board get into trouble. (LGC Sec. 363.101 (e) A member of the board is not liable for civil damages or criminal prosecution for any act performed in good faith in the execution of duties as a board member or for an action taken by the board.) Jason Sanders – I am here about baseball and the baseball fields and to ask permission to use the fields and concession stand. We used the fields last year and a camper. We have nine t-ball teams, six mini t-ball teams, ages 2-3 and 7 coach-pitched teams. Stinnett has already given us permission to use their fields. Sandlot is more affordable for kids to play. We started our own league and money stays here. Little league sends their money to Pennsylvania. I have a copy of our insurance here. TCY will not be playing in Fritch or Stinnett. Mayor Henderson asked if we needed to make any changes from last year. Mr. Sanders said that they have not been able to use the concession stand. Mayor told Mr. Sanders that the city is trying to determine who owns the concession stand. Melvin Stovall built the stand in the seventies. City now owns the fields. Mayor Pro Tem Wade asked if the building could be used by anybody until we know who owns it. Mayor replied as soon as we hear back from the lawyer. City Manager McKay said that the city has a lock on the building now. Mayor said that if Little League owns it, we can ask if you can use it. We will try to make it work. Gale McRae said that he needed to have a copy of the insurance for whoever uses the practice fields across from his house. 5. NEW BUSINESS: (a) Discuss and take action to appoint a councilmember. Administer oath of office and statement of appointed officer. Mayor Henderson recommended Denise Campbell for the open council member position. This position will be voted on in the May 9, 2015 election. He said she is very well qualified. She is an accountant for her work. Mayor Pro Tem made a motion to appoint Denise Campbell for the open councilmember position. Second made by Councilmember Blackwell. Vote 4/0. (b) Approve minutes of the following meetings: February 17, 2015. Motion made by Councilmember Giesler to approve the minutes of February 17, 2015. Second made by Councilmember Hein. Vote 4/0. New Councilmember Campbell abstained. (c) Discuss and take action on accounts payable. Motion made by Councilmember Hein to approve the accounts payable as presented. Second made by Councilmember Giesler. Vote 4/0. New Councilmember Campbell abstained. (d) Discuss and take action on Resolution 15-03171 concerning Texas Community Development Block grant program application to the Texas Department of Agriculture for the disaster relief fund. Joe Price, local service coordinator with PRPC, spoke to the council concerning the Texas Community Development Block grant program. His specialty is in disaster relief funds. He thanked the staff for their help with the grant application. The regular cycle ended in February. Mr. Price wrote the regular grant for the City of Fritch. It went well and received maximum number of points that can be given. Thirty applications were sent in. Usually five or six are funded this year and five or six funded next year. This grant would be for disaster relief – in particular the massive pile of trash at recycling. An application was submitted for water and infrastructure repair related to the wildfire in May 2014. The figure submitted for fifty meters and cans was low so we tried to seek $300,000. However, they are taking $120,000 for meters, cans and three booster pumps and the rest will be applied to the debris pile. Hutchinson County also has a grant for the debris pile. Texas Department of Agriculture requested the new resolution. Bob Dorman asked if any of the funds were for emergency storm shelters. Mr. Price told him no, not in this grant. Councilmember Hein made the motion to approve Resolution 15-03171. Second made by Councilmember Blackwell. Vote 4/0. New Councilmember Campbell abstained. (e) Discuss and take action on debris cleanup. The debris pile at recycling was made by the county after the May 2014 wildfire. County grant should cover all the debris pile. Our grant will also cover the tire pile which will be removed on a per cost basis. Contractors are being contacted now. City Staff will sign off on inspection of the project. The bid was published Monday, March 16, 2015, in Borger newspaper. It will also be published next Monday. Mayor Henderson asked if Mr. Price felt confident that the grant would take care of all of the debris. Mr. Price replied yes. He said that an engineer was not needed for this project. $310,000 was budgeted for the County to remove debris and then our grant should pick the remainder. No action taken. (f) Discuss and take action to amend Resolution 15-02171 concerning polling place for May 2015 Election. City Secretary Cindy Cook explained that in the original resolution, the board room of the School administration building was designated for the May 2015 Election. Since the school is not having an election, it was decided that the annex would be the site for the election. This amendment would remove the polling place from the resolution. The authorization of the May 9, 2015 election and the appointment of the city secretary as the early voting clerk would remain. Motion made by Mayor Pro Tem Wade to amend Resolution 15-02171. Second made by Council Member Giesler. Vote 4/0. New Councilmember Campbell abstained. (g) Discuss and take action on Resolution 15-03172 concerning election workers and rate of pay. City Secretary Cindy Cook explained that this resolution appoints Vella Kee Ruland as the Election Judge, Linda Hatton as the Alternate Judge and Brooklyn Bidwell as the election clerk. The Election Judge would receive $12 per hour, the Alternate Judge would receive $11 and the Election Clerk would receive $10 per hour for the May 9, 2015 election. The election will be held at the City Annex building. Motion made by Mayor Pro Tem Wade to approve Resolution 15-03172. Second made by Council member Blackwell. Vote 4/0. New Councilmember Campbell abstained. (h) Discuss and take action on Resolution 15-03173 concerning joint election with the City of Sanford. The City of Sanford is having an election for the Mayor position. They have requested to join in election with us. It will save money for both entities. Motion made by Councilmember Giesler to approve Resolution 15-03173. Second made by Councilmember Hein. Vote 4/0. New Councilmember Campbell abstained. (i) Discuss and take action on bid for lots ten and eleven in block thirteen, Canadian River Park Unit 2, Hutchinson County. This property was voted on January 20, 2015. The bid at that time was $1,000. The County and the Hospital district rejected the bid. Councilmember Hein said that we need the property back on the tax roll. Councilmember Hein made the motion to approve the bid of $2,500 by Kristie Woods of Fritch for lots ten and eleven in block thirteen, Canadian River Park Unit 2, Hutchinson County. Second made by Councilmember Blackwell. Vote 4/0. New Councilmember Campbell abstained. (j) Discuss and take action on annual selection of newspaper of record. (Last done February 2014.) The selection of newspaper of record is done annually. Tara Huff gave the council a copy of the current rate sheet for publication in the Eagle Press. Motion made by Councilmember Giesler to approve the Eagle Press as newspaper of record for the City of Fritch. Second made by Councilmember Hein. Vote 4/0. New Councilmember Campbell abstained. (k) Discuss and take action on appointment of museum board members including discussion of Lake Meredith Aquatic and Wildlife Museum bylaws. Candace Young passed out copies of documentation related to the Museum board members and the appointment of those members. Nita Henderson informed the Council that at the last museum board meeting, the City Manager had given us papers saying that there was to be a museum commission made up of the City Manager and a representative from the Park service and three other members of the City Manager’s choosing. We have a set of bylaws that we have operated under since their adoption March 18, 2002. The City Manager has said he would be on the board and have a park ranger, Wes Phillips and two other members which are both city employees. This would do away with most fund raisers. Those of us on the board now are volunteers who love the museum. We have spent numerous hours setting up and cleaning for events. In the past few years, there have been some employee issues which caused friction. I think we need a larger board. We tried to bring members before the Council and received a “deer in head lights” look. Mayor Henderson said that we are trying to look and examine issues and make sure we are doing things right. As a city, we cannot pass something that violates state or government code. Bylaws cannot disagree with ordinance that was done prior. We have had some employee problems. The board is an advisory only. The employee is under the city manager. The board cannot run the employee. Ms. Henderson said they had only nine visits from a city manager in the past and the board was left to handle things. Mayor Henderson said personally I don’t like two city employees on the board but the city manager is trying to get the most knowledge of the museum on the board. It looks like one entity trying to take over. My personal opinion is that the museum is an important part of Fritch. Kids go there and it is a draw for other people to come to Fritch. We need to make a decision that makes the museum a bigger part of the community. The Mayor said there is a rumor that the Police Department will be taking over the building. This is not true. We have a lot of history of people doing what they want instead of following the rules. This needs to be brought up next year also. There is a big difference between the ordinance and the bylaws. According to the ordinance, the city manager and a representative from the park service are to be permanent members. The bylaws say the board will be made up of ten members. Ms. Henderson said that she had called the surrounding museums and none of their boards consist of less than eight members. Kendal Glover asked if it was good to appoint two city employees who might have reasons for retaliation if things are not voted the way they want. Mayor Henderson responded that this is a legitimate argument. He stated that we should sit down with the current board members and the city manager and make a new ordinance. It may be as simple as reappointing the current board members. He stated that we are trying to handle things correctly. He asked the board members in attendance if they were ok with meeting and discussing this issue. Each of the members said yes. Councilmember Giesler made a motion to table this item until another time when a different solution could be presented. Second made by Mayor Pro Tem Wade. Vote 5/0. (l) Discuss and take action on Resolution 15-03174 supporting public notices in newspapers. Tara Huff with the Eagle Press informed the council that there are currently eight items up before the state legislature to stop notices from being printed in the newspaper. She believes this keeping information from the public such as landfills and taxes. She said the City of Fritch has been good about putting notices in the paper. If we pass this Resolution, we can send it to the legislators. Mayor Henderson asked what options are being proposed. Ms. Huff said that they are offering websites as sources of information. Not everyone has computer and not everyone checks these websites regularly. (m) Discuss and take action on exemption amounts for Moore County Appraisal District. The current exemption amounts for Moore County are $5,000 – Over 65, $10,000 – Disability Exemption, DAV%. Councilmember Hein made the motion to approve the exemptions as they were for the year before. Second made by Mayor Pro Tem Wade. Vote 5/0. (n) Discuss and take action on Peddler’s Ordinance #532. City Manager McKay explained that this ordinance would control when people go door-to-door. There will be a $50 cash non-refundable fee. If there is one complaint, the salespersons will have to leave. This ordinance will not apply to church, school, or local groups such as boy scouts. It is primarily for magazine, vacuum, security and satellite TV sales. This will upgrade the peddler ordinance that is currently in force. A picture I.D. such as driver’s license will also be required. Once we have this information and the fee, a copy will be given to the police department so we can know who is selling within the city. Mayor Henderson asked what the time frame on the $50 fee and is the fee for each individual in a group or for the group as a whole. Manager McKay said the fee is for each member of the group and we could put whatever time frame the Council would prefer. The council discussed putting a weekly time frame for the fee. Motion was made by Councilmember Giesler to accept Peddler’s Ordinance #532 with the fee being applied weekly. Second made by Councilmember Blackwell. Vote 4/0. Councilmember Campbell abstained. 6. CITY OFFICERS’ REPORTS. (a) Report from City Manager. Manager McKay informed the Council that he is currently working on updating the Employee Handbook and hopes to present it at the next regular council meeting. He has also visited with County Commissioner Jerry Heffner to ask for some assistance on our roads. We are proposing to purchase the fuel and provide water in exchange for service. They would help with the cleaning the drainage ditches. On the PUC situation, the judge accepted our motion to dismiss Thursday. This is not a dismissal of charges. They opposition has until March 30, 2015 to counter with their objections. By the 1st or 2nd of April, we will know if this goes to trial which would occur approximately 120 days later. Manager McKay also told the Council that we are looking at QuickBooks Premiere and USTI software. Changing software could potentially save us $12,000 to $15,000 a year. We are going to cancel Randy Hollar coming to work on the Incode software this coming weekend. Manager McKay requested to have a workshop before the regular April meeting. Hopefully, we will have a better budget to present. The Mayor stated that he would like to wait until the newly elected officers take over in May. The Mayor also asked if we are still on pace to catch up on bonds. Manager McKay said yes. 2003 bond with New York Mellon in four months and 2011 bond with Bank of Texas in six months. The Attorney General was supposed to have come today but other things have come up. She is working our case 100%. More people have been added to the list. (b) Report from Chief of Police. Chief reported that there were 210 calls for this last month that were run through dispatch. At the end of the quarter, we will be able to see what our dispatch costs will run. We will present some options at the next council meeting. Mayor Henderson asked if Chief thought there would be a maximum charge set for dispatch. Chief said the new judge would not set a cap of $25 per call. If other agencies continue to cut back on dispatch, it will drive up the cost per call. Councilmember Giesler asked what Chief expected the yearly price to be. Chief said about $60,000 but it is hard to determine. Councilmember Giesler asked what about in three years. Chief said $75,000 to $80,000. Councilmember Giesler – Could it go up to $100,000? Chief – Yes. If we do our own dispatching, 911 calls are a problem because they have to go through central dispatch. No one else can have 911. There are currently eleven entities on dispatch. It is dangerous. Even if you’re yelling for help, you may not get through. We might use dispatch only for the 911 calls, but this will just lessen the call volume. (c) Report from Public Works Director. Director Benge reported that he had attended the Groundwater Conservation meeting recently. There were surprisingly happy with us as our water usage is down. Last year at this time, there were 135 leaks. Currently we have about 30. Mayor Henderson asked from the time a leak is reported about how long it takes to fix it. Director Benge said it depends on the severity. Some leaks have been on the books for over a year. They are older leaks not in residential areas. We are down from 160 to 75 work orders a month. Councilmember Hein asked about missing street signs. Director Benge said that he is ordering a few at a time. The signs are about $25 a piece plus the costs of the hardware. Mayor asked about the park cleanup project. Director Benge said Manager McKay had pulled up the stumps in the park and the maintenance crew had been working on removing those. Currently, the maintenance crew is shorthanded and the weather is up and down. Councilmember Giesler asked about spraying the park for grass burrs. The Mayor asked to have the ballparks sprayed also. Director Benge said he uses Impressive Weed and their price is about $1,800 as opposed to other companies who wanted $2,500. Mayor Pro Tem Wade asked about when the mosquito spraying will start and do we have to hire someone to do that. Director Benge replied that once we start receiving moisture that we will need to start spraying. Roger Pense is working on getting his license but he will not be able to test until July. We will have to hire someone for a couple of months. (d) E.D.C. Report. EDC President Jeannie Olson gave the EDC checking balance as $18,030.37. TxStar balance is $60.02 and TxPool is $15,111.13. Ms. Olson also announced that Bob Layton had resigned as EDC Director at the March meeting. She explained that Bob had originally been hired because she had attended training where they recommended having a paid person to bring more business to town. Bod did a lot of analysis and put a lot of items in place to help us. Until city finances are in order, I don’t think a big business will come to town. Not paying a director will save $12,000 a year. 7. MAYORAL/COUNCILMEMBER ANNOUNCEMENTS. Next Tuesday will be a called session at 7:00 p.m. We will be meeting with the attorney in executive session concerning potential litigation. 8. FUTURE AGENDA ITEMS. Next regular session will be April 21, 2015 at 7:00 p.m. 9. ADJOURN. Motion to adjourn made by Councilmember Giesler. Second made by Councilmember Blackwell. Vote 5/0. READ, PASSED AND APPROVED on this _____ day of____________________, 2015. ______________________ Mayor W. Kelly Henderson ________________________ Cindy Cook, City Secretary