By Jerry Morgan, Reporter

Mayor Danny Owen warned those attending the most recent meeting of the City Council to expect a lengthy meeting and apologized in advance.

All active members of the Council were present, including Howard Gifford, Norma Locke, Johnnye Howell, and Avery Carlisle. The City’s attorney, Lois Rockefeller, and consulting engineer Scott Hay were also involved in the meeting. Police Chief Ralph Dickey was on hand to represent the Police Department and to maintain law and order.

There were no citizen presentations.

The first order of business involved the filling of a vacancy on the Council in Place 5 created when John Holdridge resigned because of his moving out of the city.

Mayor Owen stated his recommendation that former Council member Gayle Stroud be appointed to fill the vacancy. He noted that he had asked Stroud if she would serve the balance of the term, which ends in May, and that she had said she would.

Norma Locke made the motion to appoint Stroud to the vacancy, and then added that she wanted Stroud to run for re-election. Avery Carlisle seconded and the vote in favor was unanimous.

Stroud was immediately sworn-in and took her new place at the Council table.

Following the approval of the minutes of the previous Council meeting, Mayor Owen called the council into executive session to discuss and consider park issues with the engineer and city attorney.

A closed executive session of almost one hour in length then followed as everyone else filed out of the Council chamber and waited outside.

Following the resumption of open session, Howard Gifford made a motion, “to authorize Scott Hay to continue moving forward with the contract and working with the contractor on the park.” Avery Carlisle seconded and the unanimous vote in favor was taken without discussion.

The next item on the agenda was a request to use the City Hall auditorium on April 14 by D.W. and Elizabeth Berry of Comanche. The proposed event was described as a birthday party, dinner and dance.

Neither of the Berrys were present at the meeting. City Secretary Karen Wilkerson said she did not know much about the application since it was received while she was out of town. She said she thought it basically involved the senior citizens group that regularly holds dances at the City Hall and added that they hoped they would not have to hire police to provide security.

Mayor Owen suggested that no action should be taken since the requesting party was not present, and the matter was tabled.

The next item involved a request by Osbaldo Arzate to allow irrigation from the city sewer plant.

Engineer Scott Hay was asked to provide information regarding the request and the sewer plant in general.

Hay noted that the city’s sewer plant has long had a problem in meeting state standards, and added that it had outlived its normal useful life. He said that the plant has had various types of discharge permit compliance issues dating back to 1988.

Hay noted that he and his associate, David Todd, who has been more involved with the wastewater treatment plant, both now agree that a comprehensive study of the various alternatives available to the city for remediating the non-compliance issues is now needed.

Hay stated, “In reality, it (the sewer plant) is past its design life. It’s demonstrating on a weekly basis that it can’t continue to produce the treated effluent sufficient to pass your current permit, to meet all of the conditions of your current permit.”

He noted that the report would detail all of the available options and their cost, adding that irrigation would be one possible option. He added that for irrigation to be possible, that the state would require that sufficient land space and crops grown must be available to take the effluent without runoff and that the irrigation system must be under the control of the city, rather than the landowner(s) involved.

Hay noted that coastal bermuda grass would be an ideal crop, because it could handle the sodium content typical in urban effluent and still thrive. He added that the hay must be cut three times a year or continuously grazed to demonstrate that the nutrients are being taken up and not accumulated in the soil.
Hay asked Arzate how much land he had available for irrigation and was told about 40 acres. Hay then said that although he had not yet done the calculations, that he estimated that probably twice that amount of land would be necessary because of the extreme conditions that must be met to satisfy the state’s standards.

Hay said that the report would also recommend funding alternatives for the favored option. He commented, “I think we’re past the point of band-aiding the problem, and we’ve been doing that for almost 20 years now.”

Hay later stated, “The bottom line is that the facility can no longer meet your permit on a regular basis and keep you out of trouble. The TCEQ (Texas Commission on Environmental Quality) has already identified that. That’s the letter I am referring to that we just got, that you’ve been written up for non-compliance. So where they are with proceeding with that right now is to take you in to enforcement. And, at that point, they start dictating the schedule, and what’s done, and you lose a lot of options.”

Hay continued, “We think a more proactive approach would be for the city to finally realize that you’re going to have to address the problem in a broader perspective and do a proper evaluation of that and an engineering study, one that would be of value to you, that you could go forward to a funding agency. Any funding agency that you are going to try to get money to solve the problem is going to require you to have an engineering report to set out the problems and cost them and so that you can make an informed decision on that.”

Hay then stated his recommendation. “That’s where we think you should go.” He then recommended against the city signing a proposal his firm had provided back in November to investigate only an irrigation proposal.

Hay said he thought it was great that the city had a citizen (Arzate) who was willing to take the treated water and use it in a beneficial manner. He noted that the present wastewater treatment plant is essentially out of room for pond expansion and landlocked.

Hay said that a mechanical wastewater treatment plant could be placed on the existing site and that it would produce a treated water on a consistent basis that would keep the city out of trouble and could still be used for irrigation, or be applied to any use. He noted that the discharge from such a plant would produce water that was cleaner than was already in the typical creek.

In response to an audience question, Hay said that a mechanical treatment plant would likely also yield benefits in less odors produced, which was important because of the proximity of the new city park.

Hay estimated that the estimated cost of the recommended study would be around $15,000, and that that cost would be eligible for reimbursement under grant and loan funding. He said it would take three or four months to complete.

Hay added that if the city was working on the engineering study, it would be less likely to suffer punitive action by the TCEQ.

Various funding alternatives are available, Hay stated. He said that the USDA’s Rural Development agency would probably be the most favorable because they sometimes are able to provide a portion of non-loan grant funds in addition to low interest rate loan funds. USDA also allows a longer payback period than other funding sources.

Howard Gifford and Danny Owen asked numerous questions on the wastewater treatment situation and options.

Howard Gifford then offered a motion to authorize the Hibbs & Todd engineering firm, where Hay is employed, to go forward with an engineering study of the city’s wastewater treatment situation and to make their recommendations to the Council. Norma Locke seconded and the vote of approval was unanimous.

After that vote, Mayor Danny Owen then called the Council into a second executive session, this time to discuss and consider disciplinary action against Police Officer Waverly Inman, who was recently arrested by the Comanche Sheriff’s Office and charged with Assault Causes Injury, Family Member.

At the conclusion of the second executive session, this one lasting over 40 minutes, Mayor Owen asked the Council if they wished to take any action regarding Officer Inman. More than one Council member stated “no action.”

In response to a question from the reporter as to whether Inman remained on the police force, Owen stated that he remained on suspension, while the investigation regarding the arrest incident continues.

Following the routine approval of the February tax statement, the Council moved to consideration of the required 2006 Racial Profiling Report as prepared by the DeLeon Police Department.

Mayor Owen asked Police Chief Ralph Dickey if the city was okay on racial profiling. Dickey stated his opinion that no profiling problem exists in DeLeon.

The report listed a total of 384 cases filed in city court with 312 involving caucasians, 12 africans, 50 hispanics and 10 other or unknown. There were considerably more males involved than females in each category. Arrests included four Caucasians, two Africans and five Hispanics.

The Council next approved continued participation with a steering committee made up of representatives from cities served by TXU Energy Delivery. The cost was $243.30.

Changes to the city’s group medical insurance plan was the next matter considered. City Secretary Karen Wilkerson noted that federal regulations now required the city to offer maternity coverage for its employees, despite the fact that it wasn’t wanted by the affected employees.

Howard Gifford expressed considerable displeasure over the increase, noting that he had asked for and received assurances that there would be no medical insurance cost increase.

Gifford was assured by Wilkerson that the city had no other choice. She added that the large majority of those covered were men, and that none of the women employees desired maternity coverage, yet regulations required it to be provided.

The additional cost would be $19.86 per employee per month, totalling over $4,000. The cost for group medical coverage per city employee would increase from $386.09 to $405.95.

Wilkerson said that even though the city had no choice in taking the additional coverage, she did not have the authority to agree to it and requested Council approval. Gayle Stroud offered a motion to approve, Avery Carlisle seconded, and the vote of approval was unanimous.

Public Works Manager Rob Duncan stated that he was certainly glad that he now had maternity coverage.

The new city park was the next matter on the agenda. It was noted that the concrete work would soon begin at the tractor pull arena with an April 1 start date projected.

Howard Gifford and Danny Owen both wanted the matter clarified that the DeLeon Boy Scouts had not declined to work on setting up the playground equipment, but did not have access to equipment needed to dig the pier holes and set the concrete for the playground equipment footings.

Danny Owen blamed himself for what he termed as a “failure in communication” regarding the Boy Scout’s concerns. He added that he really felt bad about the matter. It was later noted that the Scouts remain interested in helping the city and may get involved in setting up benches and picnic tables. It was also noted that the Masonic Lodge members would be installing the playground equipment.

Owen noted that city workers had been moving a lot of dirt around the amphitheater dance floor in preparation for the installation of fencing.

Rob Duncan said that work on the RV parking area was almost complete, and that more moisture was needed to complete the grading and gravel application.

In response to a question regarding the location of the 2007 Peach & Melon Festival and if it would be at the new park, Mayor Owen said, “We’re sure trying.”

Karen Wilkerson added, “We’re hoping.” Others chimed similar responses.

Danny Owen added, “We’re waiting for one to complete one, so we can do another. But, we’re still making headway. Our intention is to have it there.”

It was noted that July 15 was the end of the Texas Parks & Wildlife Department’s four year grant compliance timeframe.

The next agenda item concerned staff reports among various city officials and administrators.

Engineer Scott Hay was again invited to address the Council. He noted that the City had received a letter from the Texas Commission on Environmental Quality that same day concerning the writeup the City had received on its water system. “They did write you up,” he noted.

Hay said that there were two issues that had been dealt with for quite some time that were becoming very important. One pertained to the water system’s pumping capacity not meeting the state’s standard of two gallons per minute per connection or 1,000 gallons per minute, whichever is less. The second violation involved the city’s failure to have 200 gallons of water storage capacity per connection.

Hay said that when the city took its ground storage tank out of service several years earlier, it caused both violations. He said, “Both of those criteria can be rectified with putting the ground storage tank back in service. There’s a number of reasons that I know of, maybe there’s more, why it was taken out of service.

Number one is primarily is that the coating on the interior of the tank was deteriorating to where it wasn’t adequate to hold water any more. The exterior might be in better shape. But the interior appears to have a lead (based paint) coating on it. We haven’t tested it, but the color of it, and the way it appears, appears to be a lead based paint, which is no longer acceptable in a water storage facility. And, also, the two high service pumps that you did have up there were both quite small. They didn’t meet the total service pumping capacity of two gallons per connection. Since the tank was taken out of service, they weren’t ever repaired or upsized like they should have been.”

Hay noted that they were working with the Upper Leon River Municipal Water District to hopefully get to take some credit for their recently increased water storage capacity, although he expressed uncertainty whether that would be permitted.

Hay then stated, “Probably what’s going to have to happen to get you out of trouble with this, is to put the ground storage tank back in service. To do that, the lead paint is going to have to be blasted off the inside of it, down to bare metal, and recoating it with an appropriate coating. Inside that tank, we’re going to have to put some service pumps in, at least two, to meet the pumping capacity.”

Hay continued his presentation noting that the city would have to begin taking water into the ground storage tank, rather than receiving water directly into the elevated storage tank as at present, in order to keep the disinfectant residual in the groundwater tank up to standards.

Hay noted that the city had a pretty short fuse on the water standards violation notice, with a response listing planned corrective action mandated by March 15. He stated his recommendation that a letter be prepared to the TCEQ advising them of the city’s plans to put the groundwater storage tank back into service and add pumping capacity.

Howard Gifford asked how urgent the water matter was than the wastewater situation and Hay responded that the water situation was probably a little more urgent.

Hay discussed with Council members various means of funding the water system improvements and reasons why other water system alternatives would not accomplish the required objectives.

Hay said that the city’s first course of action should be to seek some credit for additional water storage capacity recently installed at the Upper Leon River Municipal Water District. He said that dialogue should begin almost immediately.

If that was not allowed, the cost of refurbishing the ground storage tank and adding additional pumping capacity would be around $85-100,000. He assured the Council that that would be the lowest cost remaining option.

Hay said the Water Development Board could provide almost immediate loan funds at 5-6% interest over 20 years. He noted that his firm could have bid documents on the street in as little as two weeks if needed.

Rob Duncan noted that the increased cost per month per water customer would not be that significant, perhaps around one or two dollars per month.

Mayor Owen offered his opinion that the city should pursue Hay’s recommendations.

In other matters, Mayor Owen noted that the city had recently been experimenting with applying reflective tape to various paved city streets.

County Emergency Services Coordinator Ray Helberg noted that the area was in extreme fire danger and that rain needed to be put on the prayer list. Owen responded, “It’s there.”

Councilman Howard Gifford requested City Secretary Karen Wilkerson to investigate alternative and lower cost sources of electrical power. She indicated that she would check into the matter.

After a brief discussion of various items in accounts payable and approval of payrolls, the Council meeting was adjourned at 9:10 p.m.

 

For all the De Leon news, articles and columns:

Subscribe to the De Leon Free Press