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The DeLeon City Council met in regular
session, Thursday, July 12, and heard a report on problems faced by
the Police Department on July 4, and an update on the new park.
Councilman Howard Gifford was absent.
City Secretary Karen Wilkerson was absent, and Marilyn Harbour
assisted Mayor Danny Owen with the meeting.
Problems with Fireworks
Corporal Robert Kluge addressed the
council regarding the incidents of July 4.
“We’ve run into an issue several years in
a row,” Kluge said. “I’m not trying to pick on anybody, but
something’s got to be done to fix this ordinance or fix the situation
we’re in.”
Kluge went on to describe activities on
July 4.
“On the Fourth of July, I know I’m going
to take fire works calls,” he said. “That’s not a problem. I don’t
mind responding and enforcing the ordinance the way it’s written. The
problem is, when I go to enforce this ordinance, the first three
people I talked to said they were told that it was OK to pop them in
the city limits, and were told this by the man who was selling them
the fire works -- who also happens to be our city judge. It’s not fair
to ask our officers to enforce a city ordinance that our city judge is
telling them that it’s OK to break. I’m not saying that we’ve got to
fix the judge, but we’ve got to fix something. I realize that this
year it was plenty wet enough that we weren’t going to hurt anything
popping fire crackers, but something needs to be done.”
Kluge said the current situation was
unfair.
‘I don’t know how you want to fix it,” he
said, “but it’s not fair to ask us to enforce this ordinance -- and if
the ordinance is there we’re being asked to enforce it -- and if we
don’t, there are going to citizens complaining ‘why are you not
enforcing this.’ We ran into that with the noise ordinance. It’s
either legal in the city limits or it’s not. If it’s not, then I think
it needs to be posted on the fire works stand or something, saying
so.”
After a brief discussion between council
members and police officers, Kluge noted that after he talked to the
three people involved, he called the judge that night and asked him if
he was telling customers they could pop the fireworks in the city
limits. Kluge said that Judge Lewis told him that yes, he always tells
people that, but he also told them that if the neighbors complained,
and the police had to show up, then they had to stop.
“But once we have to show up, they’re not
in compliance with the law, and we’re supposed to enforce that
ordinance,” Kluge said.
While reviewing the ordinance currently
in place, Council member Gayle Stroud said, “It looks like we have an
ordinance, and it seems pretty self explanatory.”
After further discussion, it was
determined that the current ordinance was written in 1979.
“For years, we’ve run into the same
problem,” Kluge said, “since the city judge is the one selling the
fireworks, and he’s in business to make money -- I’m not faulting him
for that. He sells them outside the city limits, but he tells them
it’s OK to pop them inside the city limits. And that’s a conflict of
interest.”
It was noted that Judge Lewis does tell
city residents that they must cease firework activities at 10 p.m.
“But that’s not what the ordinance says,” Kluge said.
“Yes, it says, ‘not in the city limits,’”
Stroud said.
There was then a general discussion about
perhaps designating a specific area for fireworks within the city
limits, and the pros and cons of such an idea. Eventually, the cons
seemed to outweigh the pros.
Mayor Owen suggested that council members take no action at this time,
in order to do some research on what other cities do.
“I know during high fire risk times we
don’t need fire works of any kind,” Owen said, “but lets see what
other cities are doing and if we need to go through and revise this
(the 1979 ordinance) then we can, and we will get our attorney to look
at anything we’ve overlooked. Luckily, we’ve got some time before the
next fire works season.”
“I don’t want this to turn into a witch
hunt for the judge,” Kluge said. “He’s got a business to run. And he’s
my judge, and we work very well together. I don’t want it to sound
like I’m coming down on the judge, because I’m not. But something’s
got to be done. How can I write someone a ticket, and seize all their
fireworks, when the judge that sold it to them is the one that’s
telling them that it’s OK to break that ordinance.”
After still further discussion,
Councilman Roy Dale Freeman noted that perhaps people who break the
ordinance should have to pay a fine “that gets their attention.”
“But the judge is the one who determines
the fine,” Kluge said.
Ultimately, council members tabled the
item pending further research.
Overtime Pay
Overtime for city employees was next on
the agenda, at the request of Councilman Freeman. The issue -- of
employees who are called in on a holiday or vacation day and receive
only straight time pay -- was also discussed at an earlier meeting,
but no changes were made to the policy and Freeman wanted to revisit
the issue.
On the face of it,” said Councilman
Freeman, “I think that our employees need to be paid overtime, if
they, in fact, work overtime. That’s just the way I feel about it.”
Freeman mentioned that he didn’t want to
put the city in a budget bind. “But frankly, I feel that there needs
to be a way our guys can be treated fairly. Overtime pay, comp time or
something.”
Rob Duncan, public works administrator,
said that most of the employees involved had never shown any interest
in comp time, and if they couldn’t get overtime, would rather take
straight time pay.
“I understand,” Councilman Freeman said.
“But they’re in DeLeon, Texas, and they’ve got a job, and jobs are not
easy to come by around here. I just don’t think we need to take
advantage of that.”
As a discussion ensued as to whether such
overtime issues could be handled on a one-on-one basis, both Gayle
Stroud and Danny Owen made statements agreeing with Freeman’s desire
to treat city employees right.
“I don’t think you can treat people
unfairly,” Stroud said.
“I think we definitely need to take care
of our people,” Mayor Owen said. He also noted that if you treat
people fairly, “when you need them, they will come in.”
Eventually, Council members voted to take
no action on changing the policy, but to treat any new incidents on a
case-by-case basis.
Park Project
In a report on the progress with the new
park project, Mayor Owen noted that he had some exciting news to pass
on.
“We have fulfilled our matching
obligation for the Texas Parks and Wildlife grant,” he said. Owen then
gave a brief run-down of the recent, and current, flurry of activity
at the park, including the electrical work, plumbing, concrete,
fencing, and base material in the parking areas. He also discussed
picnic tables and benches, game boards and flag poles that several of
the Boy Scouts are going to help erect.
“If the sun will just keep shining,” Owen
said.
After discussing the park for several
more minutes, Owen noted that the contractor had, “pretty well pulled
up roots and left.”
“He said he’s done all that could be
done,” Owen said. “He had some pretty massive flooding where he lived
and he said he lost a home, a vehicle, a tractor and a lot of his
stuff. He’s just in a shape where he’s got to go find work to survive
himself. So what few things are left, we’re having to pay just a
little bit more because of the situation we’re in.”
During the open discussion between city
staff and city officials, Mayor Owen mentioned that budget workshops
would soon begin, and that in the second week of August a company
would be in DeLeon to begin seal-coating some of the streets.
Owen also spoke about the need to hire a
caretaker for the DeLeon Cemetery, after the resignation of Charlie
Carruth, due to the recent death of his son. “Charlie and his son,
Danny, always did an excellent job maintaining our cemetery,” Owen
said.
Councilman Roy Dale Freeman discussed a
property dispute involving several residents and an alleyway that has
appeared on the agenda several times. He offered into evidence a
judgement from District Court regarding the property in question and
Mayor Owen said that the matter was in the hand of the city’s attorney
and he’d make sure she was aware of the judgement.
Police Chief Ralph Dickey said he spoke
to the family of Officer Waverly Inman and that he’d shown signs of
improvement since his motorcycle accident on July 4. Chief Dickey also
reported that Officer Ben Rowell had turned down a job offer in
Austin, and decided to stay in DeLeon.
Ray Helberg, emergency management
coordinator for Comanche County, reported on the results of recent
flooding in the area.
“Judge Arthur did a disaster declaration
for the county,” Helberg said, “and asked for help from the Governor.
So far, we don’t have the presidential declaration, but we’re working
on that, to get some FEMA money in.”
Helberg went on to say that in the county
there was significant damage to roads and bridges, especially in
Precincts 3 and 4.
“I think all we had in the city was just
some local flooding like we always do,” he said.
In other business, Council members:
• Approved the minutes for the regular
meeting on June 28, 2007.
• Approved the tax statement for June
2007.
• Approved the second and final reading
of Ordinance #006-07, an amendment to the noise ordinance.
• Approved the second and final reading
of Ordinance #007-07, setting the rules and regulations for the new RV
Park.
• Accepted a bid of $42,900 by PaveMax to
complete the walking trails at the new park.
• Approved a request by Joe Beach to rent
the City Hall auditorium, July 27. |
