TOWN OF TALTY
MINUTES OF NOVEMBER 17, 2009
The Town of Talty held its regular monthly meeting on Tuesday,
November 17, 2009, at the Trinity Family Church in Talty, Texas. The
meeting was called to order at 7:22 p.m. by Mayor Carla Milligan,
following the Planning & Zoning Commission meeting which concluded
at 7:20 p.m.
I.
Mayor Milligan announced a quorum. Aldermen present were: Millie
Brice, Larry Farthing, Frank Garrison, John Jackson, and Kevin
Williams. Also present were Connie Goodwin, town administrator
and Sherry Bagby, town secretary.
II.
John Jackson gave the invocation and Frank Garrison led the pledge of
allegiance.
V.
Citizen’s Participation. Dale Mabry signed in to speak about his
neighborhood in Layden Farms. He expressed his appreciation for
Frank Garrison coming and observing the status of the mowing and
clean-up efforts by code enforcement. (taken out of order from
Agenda)
• It was noted that 5 citizens were present at the board meeting.
III.
Open Public Hearing to consider a request from Wireless Solutions
LLC, Lessee, to install a 190’ unmanned telecommunications tower
with equipment sheltered, based on property located on rear of lot
owned by the Laws. Gavin Hill, Chairman of the Planning & Zoning
Commission, stated that they had a vote of 3-2 in favor of the proposal,
with a stipulation that the site would have masonry on the building to
create a more aesthetics appeal, and requested an engineering report
indicating that this is the only location this tower can be erected.
Possibly set up an agreement for the town to receive income (i.e.
possibly a franchise tax) on the property to generate revenue for Talty.
Jed Kruchten, President of Wireless Solutions, LLC, addressed the Board
and stated that the cell phone pole tower was necessary for Sprint to
continue to expand their coverage in the area. Wireless Solutions, LLC
has negotiated a 30 year lease with the property owners, Gary & Judy
Law, to pay them $500 a month. Wireless Solutions is negotiating with
Sprint for them to pay $1,900 a month for use of the tower, once the tower
is built. Wireless Solutions was not able to reach an agreement with Mike
Tatari to lease any of his property. The 190’ pole is built to handle
multiple carriers (three). The wall surrounding the tower is 8’high by 50’
long. There would be a 2 foot steel lighting rod on top. The base is 4’
around the pole, and a break away two-thirds up, to handle 80 mph
winds. The quality of the signal is measured by decimal. The radio
frequency is .6 watts, which is 300% less than a microwave oven. Mayor
Milligan did research on the safety issues and exposure, stating there is
not enough data about cell towers to determine what long term effects
from radiation there would be to citizens. Mr. Kruchten stated that the
danger comes from excessive use of a cell phone, not the tower. Frank
Garrison suggested a siren on top for emergency weather warnings to the
citizens. Mr. Kruchten stated that a siren would be permissible, but they
would not maintain it. It would take three months to actually get the pole
operable. There would be a gravel road to the tower. Tex Dot would not
allow access from I-20. It would not affect commercial development, only
the Law’s property. Mr. Kruchten referred the Board to the 1996
Telecommunications Act, and stated that his request cannot be denied
purely for aesthetic reasons.
IV.
The public hearing was closed and the board entered into regular session.
VI.
Action Items:
3.
Mayor Milligan called for a motion regarding the tower.
(taken out of order)
A motion was made by Frank Garrison to deny Wireless Solutions
LLC’s application for a cell phone tower at the rear of the property
at 9197 CO Road 216.
Seconded: Larry Farthing
Vote:
4-1; Kevin Williams opposed the motion.
1.
The Board reviewed the October 2009 financial report prepared by
Murrey & Co. A motion was made by Larry Farthing to approve
the October 2009 financial report as submitted.
Seconded: John Jackson
Vote:
5-0; motion carried.
MINUTES OF NOVEMBER 17, 2009 – page 2 of 4
2.
The Board reviewed the October 20, 2009 Minutes.
A motion was made by John Jackson to approve the minutes of
October 20, 2009.
Seconded: Frank Garrison
Vote:
5-0; motion carried.
The board reviewed the November 2, 2009 Minutes.
A motion was made by Larry Farthing to approve the minutes of
November 2, 2009.
Seconded: Frank Garrison
Vote:
5-0; motion carried.
4.
The Board considered Resolution 2009-008 Adopting Floodplain
Management for purposes of joining the National Flood Insurance
Program.
A motion was made by Frank Garrison to adopt Resolution 2009-008.
Seconded: Millie Brice
Vote:
5-0; motion carried.
5.
The Board considered Ordinance 2009-009 for Flood Damage Prevention
for the purpose of joining the National Flood Insurance Program.
A motion was made by John Jackson
Seconded: Larry Farthing
Vote:
5-0; motion carried.
6.
The Board considered Ordinance 2009-010 for Energy Efficiency
and Conservation block grant. A motion was made by John
Jackson to adopt Ordinance 2009-010.
Seconded: Millie Brice
Vote:
5-0; motion carried.
VII. Discussion Items:
1. Police Chief Michael Hoskins did not prepare a report.
Mayor Milligan stated that Mike was attending a chief
school in Huntsville this week and would not be available
to work the rest of the month. The Board asked Mayor
Milligan to call Kaufman County Sheriff’s Office to ask for
some extra coverage in our area for the remainder of the
month.
MINUTES OF NOVEMBER 17, 2009 – page 3 of 4
2. Carla Milligan gave a status report on current
developments with code enforcement in Quail Creek Bend.
There have been 13 properties mowed, and 7 vacant
properties need cleaned up, and possibly boarded-up. On
many of these properties a lien will be filed and filing fees
incurred, before any money is recouped. Letters are going
to be sent to property owners regarding junk vehicles prior
to Robert Wysinger, code enforcement officer, giving out
any violations. The Board is glad that code enforcement is
being enforced.
3. The Board will discuss at another meeting the position of
town administrator, including the duties and capacity of
this position. Ordinance 2004-91 was sent to board
members in preparation of this discussion.
4. Currently, there is not any new development to report in
and around Talty. However, town secretary, Sherry
Bagby, stated that Altura Homes is building a new home
on their last lot in Bantry Gardens, in Talty’s ETJ.
5. Mr. Connie Goodwin, Larry Farthing and Frank Garrison
suggested putting the town hall discussion back on the
agenda.
VIII.
Adjournment
After no further business, the meeting was adjourned at 8:56 p.m.
Mayor Carla Milligan
Town Secretary, Sherry Bagby
MINUTES OF NOVEMBER 17, 2009 – page 4 of 4