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The noise ordinance was one of the major
items of discussion at the most recent DeLeon City Council meeting,
Thursday, May 24.
All council members – Howard Gifford,
Norma Locke, Benny Morris, Roy Dale Freeman and Gayle Stroud – were
present for the nearly four hour meeting, as was Mayor Danny Owen,
City Secretary Karen Wilkerson and City Attorney Lois Rockefeller.
There were no citizen’s presentations.
Presentations at some of the most recent meetings have included
questions or complaints about excessive noise at musical events.
Noise Ordinance Amendment
City Attorney Rockefeller presented a bit
of background on the current ordinance.
“We did, not too long ago, a fairly brief
noise ordinance directed primarily at automobile noise, like jake
brakes,” she said, “as trucks are coming into town, and that kind of
thing.” Rockefeller went on to explain that the ordinance was to have
originally had several exceptions.
“There needs to be something in there
that excepts political activity,” Rockefeller said,” and allows people
the right of free speech, to gather and have those kinds of activities
going on, as well as any kind of public activities that the city
permits, or gives permission to occur. Somehow that language didn’t
get in there, but at any rate, we need to at least go back and add
that paragraph. While we do that, due to issues that have come up
lately, about some outdoor dances that have occurred and that sort of
thing…and looking forward, to the Peach and Melon Festival, it’s an
opportunity to go back and decide, instead of having to patch it up.
What do you want to regulate? You can get as detailed as you want.
There are some cities that even go so far as to regulating indoor
levels of noise. I don’t think you ever want to go that far in a city
of this size. But do you want to go further in including things like
outdoor activities? Animal noises get included in some noise
ordinances. I just need to get your feedback before we go much further
on drafting anything.”
Rockefeller said that a decision needed
to be made also on permitting.
“I think for public outdoor functions, we
do need to have a process,” she said, “and I don’t think you’ve had
that so far, any official policy or procedure, for anyone to come in
to City Hall and apply for a permit, or seek permission or consent to
hold an outdoor function. And I think we probably need to put that in
place in this ordinance as well, so that it will fit under the
exception in your noise ordinance…but even within that, there will be
what is considered acceptable levels of noise or predictable levels of
noise.”
What followed was a lengthy discussion about noise ordinances in
general and what DeLeon needed specifically, as well as what some
other cities are doing. It was noted that events that invited tourism
needed to be encouraged. Mayor Owen finally asked, “What is the
Council’s wish?”
“I think if we can just amend what we
have,” Gayle Stroud said, “I think that’s the way to go.”
“Just beef it up?” said Rockefeller.
“I think the least we can put in, to
cover what we need done, the better off we’ll be,” said Benny Morris.
“You can certainly get things too
complicated,” said Chief Dickey.
“I think the permitting process is going
to be a great asset to us,’ Danny Owen said. “We can get information
out that something is happening, and that should attract people to
attend the function, if they so desire. I like that, I don’t want to
use the term control, but that we do have knowledge that something is
happening.”
The question arose as to cost of the
permit. Rockefeller noted that it should probably be a nominal fee
that would cover the cost of someone preparing the permit.
After still more discussion, Council
members voted unanimously to have Rockefeller prepare a draft of the
amended ordinance and present it to the Council when it’s ready.
Electrical Service Providers
Providers for the City’s electric account
was discussed next. The City, which has 36 meters, currently uses TXU
for it electric provider and paid more than $100,00 last year.
A representative from TXU, David Bane,
and a representative from Alliance, Tim McMahill, were on hand to
discuss their companies’ prices and to answer questions. Karen
Wilkerson noted that two more proposals had come in -- from
electricity providers Liberty and Star, but that no representatives
were on hand.
Mayor Owen asked the men if they’d like
to go over their individual proposals, but each indicated they’d
prefer not to with another supplier in the room.
What ensued was a lengthy discussion on
electric rates, deregulation, contracts, meter fees, hidden fees,
etc., with one or all of the Council members asking for clarification
at least once.
Councilman Howard Gifford expressed
dismay at one point to learn that the city has most recently been
paying almost 18 cents per kilowatt-hour. When Gifford asked for a
clarification of “demand” charges” Councilman Morris stated that it
meant, “You pay for the electricity whether you use it or not -- if
you want it, it’s there.”
“But I thought that was supposed to save
us money,” Gifford said, “and that if we got off of that, and on to
something else, it was going to cost us more.”
“Not necessarily,” Bane said. “It can
save you money, sometimes it can cost you, just depending on how you
use your power. That was the rate that was in effect, before
deregulation, for probably 100 years. It rewarded customers who used
their power efficiently and it was punitive to customers who did not,
like race tracks, amusement parks, ball fields.”
“Typically, on a small city, is it
beneficial or not?” Gifford asked.
“That depends on what you’re comparing it
to,” Bane said, explaining that special municipal rates that had
favored cities in the past, “had become less attractive,” due to
competition, and had given way to different rates that were more
competitive.
“We did rate comparisons for years and
years,” Bane said, “trying to keep the cities on the most advantageous
rates.”
“You said you tried to keep cities on the
most advantageous rates,” Gifford said. “Why would what we’ve been
paying, compared to what you’re now offering us, have an eight cents a
kilowatt hour difference?”
Bane then explained that current rates
are based on current market conditions, adding that when natural gas
prices went up last year, TXU was allowed to raise their rates to meet
those costs.
“But this is more than a residential
rate,” Gifford said. “The city uses much more electricity, shouldn’t
it get a better price?”
“That’s where your efficiency comes in,”
Bane said, “demand rates come in, probably.”
There was several seconds of silence,
before Bane said, “I’d have to look at each individual account.”
Gifford then asked a few more questions,
which led to another lengthy discussion regarding rates, fees, etc.,
with both the Alliance representative and the TXU representative
trying to clarify portions of their plans. Council members finally
voted to table the item, pending further research. Most everyone
agreed Council needed more time to study the plans.
P&M Festival Contract
The Council then addressed agenda item
10, described as “Discuss and consider the contract between the City
of DeLeon and the Peach and Melon Festival Committee.
“This particular contract was drawn up, I
think, in the initial works of this park project,” Owen said, “to
allow the Festival to retain use of it during the Festival every year,
and a time period before and after.” He then turned the meeting over
to Rockefeller, who discussed some of the issues that need to be
addressed, including insurance coverage for those using the park
grounds and whether the Festival Committee would also have control of
the RV park during the time period in question.
Rockefeller noted that the previous
arrangement was a “very broad and general agreement” and that things
needed to be more complete and detailed.
After some discussion, a motion was made
to have representatives from the City, and from the P&M Committee sit
down and work out the details. The motion was approved.
Following a lengthy executive session to
consider hiring an officer for the DeLeon Police Department, Council
reconvened, and Councilman Howard Gifford made a motion to, “Rehire
Waverly Inman as a street officer for the City of DeLeon, on a six
month probationary period, with...evaluation before that time is up.”
The vote to approve was unanimous.
Inman had most recently been on
“emergency reserve officer” status with the DeLeon Police Department,
after having been arrested March 4, by the Comanche County Sheriff’s
Office, for “assault causes bodily injury, family member.” The charges
were later dismissed.
Other Business
In other business, Council members:
• Tabled a discussion on the purchase of
decorative flags for the front of City Hall building.
• Heard a report on the Texas Parks and
Wildlife grant for the Festival Park grounds, in which Mayor Owen
noted, in part, that some corrections had to be made to some areas in
order to comply with ADA standards.
• Approved the minutes for the regular
meeting on May 10, and the called meeting on May 18, 2007.
• Voted to accept an audit by Burl Lowery
for fiscal year 2005-06. After spending 10 minutes hitting the
highlights of the 50 plus page report, Lowery noted, “Over your two
major operating funds, for the year, you did operate in the black this
year,” Lowery noted, “quite an improvement over where you’ve been.”
Mayor Owens made positive comments about the staff and City Council
members working to get things right. |
