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The DeLeon City Council met in regular
session Thursday, April 26, 2007, with all members present, and heard
two citizens, with differing opinions speak on the same subject -- a
recent musical event (described as a Spanish dance) at the Peach and
Melon Festival grounds.
It was noted that the city did not book
the event, representatives of the American Legion did, but the city
does have a noise ordinance.
Jim Adams, former DeLeon mayor, addressed
the council during the citizen’s presentation portion of the meeting,
and made reference to the “Mayor’s Corner” column in the Free Press,
where Mayor Danny Owen reported that there had been several complaints
about the noise level at the concert.
“About that music,” Adams said. “I guess
I’m getting deaf, because I was roofing the carport, and I didn’t hear
it. I don’t want to keep anything from coming here to DeLeon. We need
everything we can get.” Adams then went on to suggest that once the
new Festival Park opens, perhaps permits should be required for those
wishing to use the festival stage, and that research could be done to
discover what decibel level music must reach in order to be considered
a nuisance. “We need to have some guidelines that we can all live
with,” Adams said, adding that during festival week, noise from the
tractor pull had always been a problem. “I can understand that people
living right there are not going to want to put up with something
every week, but occasionally we could make allowances, turn the TV up
a little. But honest to God, the other night I didn’t hear it.”
The next person listed on the agenda,
Levy Wayne Alexander, said he certainly heard it.
Alexander first introduced himself to the
council members he didn’t know, and then presented each council member
with a paper on the harmful effects of loud noise. He did not give a
copy to City Secretary Karen Wilkerson or Mayor Owen.
“We’re not old Mexico yet,” Alexander
said, “this is DeLeon, Texas. We don’t have a Spanish mayor and we
don’t have five Spanish commissioners. I’m pretty sure we might find
some Spanish people who might do a better job.” He also expressed his
strong disapproval of the DeLeon Police Department, stating that he
didn’t believe they did their job in regards to the loud music
complaints from Saturday night.
“I’ve got as many Spanish friends as
anybody in this town…but saying that, what happened Saturday night is
inexcusable,” Alexander said. He then explained that the nursing home,
just yards away from the festival grounds, was home to people who
didn’t need to lose sleep.
Alexander stated that his house is inside
the city limits. “And the park up there is inside the city limits,” he
said. “I don’t care who owns it. They are subject to the same laws as
the rest of us, as far as decibels of hearing.
“That mess over there Saturday night is
not going to continue,” Alexander said. “If it does, there’s going to
be blood spilled, and you can take that any way you want to, I don’t
care.”
Alexander again talked about his
dissatisfaction with the DeLeon Police Department, and his frustration
at not being able to reach any of them, or Mayor Owen, on the night in
question. Mayor Owen attempted to explain that he had been out of town
-- a trip planned well in advance -- but was cut-off by Alexander.
The DeLeon Police Department members were
at the concert in question. Chief Dickey later noted that in addition
to the DeLeon officers, four Dublin police officers had been hired by
event organizers as security.
After unsuccessfully trying to reach the
mayor and the police, Alexander said he dialed 911 that night. “I then
had to turn around and dial another number,” he said. “The lady on the
other end was very nice, she said, ‘Sir, there’s a policeman on the
way over, who’s going to quieten that down.’ That was a lie. It got
louder.”
Alexander said at that point, he called
Council member Gayle Stroud to express his concerns.
“This is not acceptable, my home will
take anything,” Alexander said, “except that sound. And that sound
will go right through it. I’ve never been as angry as I was at
midnight Saturday night. If you’d walked over there and said, ‘I’m
responsible for this thing’…I would have shot you dead. That’s how I
feel. It was so bad, that my neighbors, the ones I talk to, said they
felt the same way, but they’re scared to come up here and face you. Do
you understand, Danny?”
“When you get through, I have some
comments of my own,” Owen said.
“I don’t want to hear your comments,”
Alexander said. “I’m going to walk out that door, and I want this
madness to stop. If this happens again, I’m not taking it out on the
council, they’re the law, they’re the ones who’ve got to make or break
this, I’m coming to you. I’m going to get a hammer and beat your door
down, if you’re home...Now, I’ve prayed about this, and I know I’m
about to lose my temper,” Alexander said. “I am leaving, and it’s in
your hands, council. And if it’s not resolved, I’ll sue every one of
you.”
With that, Alexander left the council chambers.
Mayor Owen then told those who remained
that he nor the council booked the entertainment event. “Our city
attorney told us that if Mr. Levy Wayne Alexander wants to pursue
legal actions, then he will actually have to go and file suit against
the American Legion or the Peach and Melon Festival, whoever let this
happen,” Owen said.
Chief Dickey noted that he’d been at the
concert -- as had officers Robert Klug and Waverly Inman -- and there
had been no trouble, and that the music wasn’t as loud as it has been
at festival time.
Jim Adams agreed, saying that it wasn’t
even as loud as the carnival was.
A discussion ensued regarding DeLeon’s
current noise ordinance, acceptable levels of noise, and which of the
council members had heard the music Saturday night, and whether there
was anything the council needed to do.
When one of the council members asked
“What can we do to keep this from happening again? Mayor Owen
suggested that perhaps they should visit with the American Legion and
let them know about the threats.
“I would’ve hated to live one or two
blocks from there,” Councilman Gifford noted.
“What’s different between Saturday and
the festival?” Chief Dickey asked.
“I think it caught everybody off guard,”
Council member Stroud said.
After still more discussion, council
members voted to allow Chief Dickey to look into the price of a
decibel meter, and for the council to reevaluate the current noise
ordinance.
In a related item, Councilman Howard
Gifford inquired as to why reserve officer Inman was working the
concert when he was to be used in “extreme emergency situations only.”
Mayor Owen explained that he’d authorized
Inman to be there, because he’d been informed that the concert could
draw up to 600 people. Gifford again reminded one and all that Inman’s
was an “emergency only” status.
The city swimming pool (and possible
options to closing it) was back on the agenda and Mayor Owen discussed
the previous safety concerns, including issues with chlorine gas, and
then turned the item over to Karen Wilkerson.
“We had Rhonda Stroud from TML (Texas
Municipal League), with our insurance company, come out,” Wilkerson
said. “She can’t report on the infrastructure, because that has to
come from the engineer, but she can report on liability issues. She
took one look at the pool and said we needed to consider bulldozing it
down and putting something else there. She suggested a ‘spray park’
might be an option.”
Wilkerson then described safety concerns Stroud pointed out, including
the diving board, inadequate fencing, and cracks in the cement. “And
you have to hire at least four people, and two have to be there all
the time,” Wilkerson said, “and they have to be certified. And the new
regulation is that if a city has an operating pool, then they have to
employee a licensed CPO, a certified pool operator.”
Wilkerson then spoke briefly about the
costs involved. “The engineer said if we were to tear down the pool
and the bath houses, and replace them, we’re looking at $600,000,”
Wilkerson said. “And if we put in a spray park, we’re looking at
$150,000 to $300,000.”
After one council member asked for a
description of a spray park, Wilkerson offered this explanation from a
brochure, “An aquatic recreation system that provides for endless
combinations of interactive play...as water is sprayed, gushed, dumped
or poured.”
Wilkerson then noted that over the past
six years, the pool has brought in $8,859, adding, “We have spent
$70,669, so that’s a debt of $61,810.”
A lengthy discussion ensued on the city’s
options, including liabilities of leaving the pool just as it is, but
closed, with Mayor Owen expressing concern that curious youngsters
might gain access to it. Options on securing the pool were discussed,
including draining it, filling it with dirt, putting up “danger”
signs, etc.
Finally, the council voted to drain the pool, erect signs and secure
the area as best they can.
In other business, Council members:
• Approved the minutes of the April 12
meeting.
• Tabled a request by Gene Williams to
alter the stage area, pending more information.
• Heard a report from Karry Garmon on his
efforts to clean up property at 432 E. Ross, wherein Garmon noted that
he was working as hard as he could, as fast as he could, with what
equipment he had, and that he expected to be finished soon.
• Approved an increase on the insurance
coverage on the K-9 officer, Hannah.
• Approved Resolution No. 004-07,
appointing Todd Griffin, Josh Thayer and Craig Brooks to the DeLeon
Sports Association Board, with Donna Scitern and Lacey Gibson as
secretaries.
• Approved Resolution No. 005-07,
reappointing Billy McDaniel director for Upper Leon River MWD.
• Approved Resolution No. 006-07, authorizing Toney Prather, Beverly
Stewart, Jerry Morgan, Gayle Stroud and Danny Owen to serve on the
Industrial Development Board, with John Adcock as vice president.
• Approved accounts payable.
• Approved payroll.
• Heard a report on the Texas Parks and
Wildlife grant, where it was noted that Rob Duncan and the city crew
had been busy putting down base pad at the RV park. Mayor Owen also
mentioned that progress on the playground equipment is coming along,
steel was up for the retainer wall at the tractor pull, and that work
was progressing in the ticket booth area. |
