By Laura Kestner

The DeLeon City Council met in regular session, Thursday, January 10, 2008, and addressed a brief agenda. All council members -- Mayor Danny Owen, Howard Gifford, Norma Locke, Avery Carlisle, Roy Dale Freeman and Gayle Stroud -- were present, as were City Secretary Karen Wilkerson, Sgt. Dustin Paulsen and Public Works Administrator Rob Duncan. There were no participants in the Citizen’s Presentation portion of the meeting.

The first item requiring any discussion, an agenda request by Todd Hammon for the city to reimburse him plumbing charges for sewer work, was dispensed with quickly.

“I was gone on vacation when this took place,” Rob Duncan said. “From what I understand, the guys (city employees) went in the clean-out, on the city’s part, and it didn’t do any good, so they went to his clean-out and went from there over to where the city’s part starts, and...it started draining.”

“I believe Mr. Hammon was wanting us to reimburse his plumber expenses,” Mayor Owen said.
Those expenses were $127.50.

“When they (city customers) call and have a problem,” Karen Wilkerson said, “we’re advised to tell them they have to call a plumber first and make sure it’s not on their part. And if the plumber says it’s not on their part, then the city guys go out and take it from there.”

At questioning from Roy Dale Freeman, it was determined that a plumber concluded the clog was “on the city’s part.”

After Duncan went over the sequence of events involving the clog for Council members again, Howard Gifford said, “So it was between the residential clean-out and the city’s clean-out.”

“Since they never really felt anything, they weren’t exactly sure where it happened,” Duncan said. “My personal opinion is, that the burden of proof is on him,” Roy Dale Freeman. “I suggest we don’t (pay the plumber’s bill).”

“OK,” Mayor Owen said. “Does anyone else have any further input on this?”

Councilman Freeman then asked why Hammon wasn’t present to discuss the issue in person, and was informed that he couldn’t get off work.

“My thought is, that if the problem was a city problem, without any doubt, I wouldn’t have a problem with it” Gifford said. “But we really don’t know.”

After several more minutes of conversation, Council members voted to “Leave the burden of the expense on the property owner.”

The next agenda item, “Discuss and consider rifle for animal control officer” also generated some discussion. This particular item was also discussed at a December council meeting, but no action was taken at that time, pending legal advice.

“I believe Karen has spoken to the city’s attorney in regards to the liability issues on our animal control officer carrying a rifle,” Owen said.

“She (Lois Rockefeller) said that there would be no liability, that I would have to talk to the insurance company,” Karen Wilkerson said. “And TML (Texas Municipal League) advised us that most of the time, your animal control officer is already a licensed police officer. Since he (Chuck Crawford) is not a licensed police officer, he would have to be certified in gun control, and then the city would have to adopt a policy and procedure on when and how that gun is used.”

A brief discussion ensued on potential liability issues, and how necessary it is for the animal control officer to carry a gun at all, with Sgt. Paulsen noting at one point, that there has been at least one instance recently where a police officer heading to court, had to turn back and come shoot a skunk.

“From what I understand, Ben can certify him,” Rob Duncan said, referring to DeLeon police officer Ben Rowell.

“Yes, Ben is a master fire arms instructor,” Paulsen said. “He could do that.”

“So we could do that locally,” Mayor Owen said, “and then we’d need to get a ‘policy and procedure’ in place.”

There was then some discussion on where the gun should be stored when Crawford was off duty, including opinion that it would need to be locked up at City Hall or in Crawford’s truck.

“It sounds to me like it would defeat the whole purpose of doing this, if he can’t carry the gun in his work truck with him,” Gifford said.

“He can carry it in his work truck,” Wilkerson said, “but after work hours are over he can’t carry it home with him.” It was noted that the City already had a rifle that Crawford could use.

After a bit more discussion, Councilman Gifford said, “I think we should go ahead and pursue this, getting certified and getting some procedures drawn up” and several minutes later made a motion to that effect.

“Since it’s here in the city limits, I would be a lot more comfortable if it was a .410 shotgun,” Freeman said.

When the vote was taken, there were five votes in favor and one -- Freeman -- abstaining.

In other business, Council members:

• Approved the minutes from the December 19 and December 27, 2007 meetings.

• Took no action on an agenda request regarding the salary of PWA Rob Duncan. Mayor Owen said the item had been “requested to be removed from the agenda.”

• Approved the December 2007 Tax Statement.

• Voted to renew the City’s insurance coverage with Blue Cross Blue Shield. Wilkerson noted that since there wasn’t more than $50,000 involved, they did not have to go out for bids, and that there had not been one complaint from those participating.