CITY OF SULPHUR SPRINGS, TEXAS

REGULAR MEETING OF THE

CITY COUNCIL

JULY 6, 2004

7:00 p.m.

 

 

The regular meeting of the Sulphur Springs City Council was called to order at 7:00 p.m. by Mayor Chris Brown.  Mayor Brown led in the pledge to the flag and the invocation.  The following council members and staff were present for the meeting:

 

                                                Mayor Chris Brown

                                                Mayor Pro Tem Clay Walker

                                                Councilman Joe Crouch

                                                Councilman Freddie Taylor

                                                Councilman Larry Powers

                                                Council woman Lydia Bryant

 

Absent:           Councilman Garry Jordan

 

Staff:                                      Marc Maxwell, City Manager

                                                Sharon Ricketson, City Secretary

                                                Gale Roberts, Secretary Trainee

                                                Johnny Vance, Community Development Director

                                                Peter Karstens, Finance Director

                                                Jim McLeroy, City Attorney

 

OATH OF OFFICE

City Secretary Sharon Ricketson gave the oath of office to councilman elect Larry Powers.

 

MANAGER’S REPORT

City Manager Marc Maxwell reported to council that the plant-mix program is underway.  Drake Construction is placing mix on 11.3 miles of city streets at a budgeted cost of $540,000.  At the end of the project the City will have plant-mix sealed over 26 miles of streets in the past few years.  The following streets are to sealed this summer: Ardis, Atkins, Bergin, Charles, Davis, Dabbs, Easy, Fore, Gail, Garrison, Gena, Hinnant, Holiday Dr., Junell, Lemon, Locust, Magnolia, McCann, Merrell, Mulberry, Putman, Reservoir, Robertson, Rogers, Rosemont, Spence, Spring, Sprite, Sunset, Tomlinson, Watcholder, Woodcrest and Woodlawn.  The Original Town Outfall sewer project is completed with the exception of re-paving the affected streets.  The project had a budget of $342,140 for Phase II.  The budget included a 35% contingency and assumed some complications such as road bores, etc.  The project has gone well and staff completed Phase II and Phase III for about $170,200.

The Highway 19 relocation project is underway.  TxDOT requires the city to relocate any utilities in conflict with the widening project.  The Council approved a budget of $149,642 at a previous meeting.  This budget is divided among six separate utility relocation projects.  On the agenda is a request of an additional $63,300 to replace a previously unidentified segment of water line.

There were three worker’s compensation claims in June.  Two claims were for minor injuries.  The third happened when an employee kicked a running lawnmower, nearly amputating his great right toe.  He is back at work after only 2 days.  There were no liability claims. 

The wastewater treatment plant had a good month, producing effluent with a daily average total suspended solids (TSS) count of 2.99 mg/L.

Peter Karstens, Finance Director gave a financial report.

 

CONSENT AGENDA

The following items from the Consent Agenda were reviewed: regular City Council meeting minutes of June 1, 2004, Special City Council meeting minutes of June 22, 2003; Planning and Zoning Commission minutes of June 21, 2004, Zoning Board of Adjustment minutes of June 22, 2004, Economic Development Corporation minutes of May 17, 2004; HOME Board minutes of June 22, 2004 and the Appraisal District Budget for 2005.  Council woman Bryant moved to approve the items from the Consent Agenda.  Councilman Taylor seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON FIRST READING OF ORDINANCE NO. 2403, A REQUEST FROM TAMMY PEARSON ON BEHALF OF WOMEN OFFERING WOMEN SUPPORT

A request has been received from Tammy Pearson to re-zone property located at 1335 Jefferson Street, described as lot 1 block 523 from Single Family 6000 to Heavy Commercial.  The property is being renovated to become a Women’s Shelter and will provide a community-based, peer oriented residential program to provide appropriate treatment and supportive services in a chemical free environment for persons in a recovery process.  The Development Manual does not have a classification for a shelter.  The Planning and Zoning Commission recommended to the Zoning Board of Adjustment that the Special Use permit be granted.  The Zoning Board of Adjustment approved the permit contingent upon Council approval to re-zone the property to Heavy Commercial. There was no one present to speak to the issue. Councilman Powers moved to approve the ordinance on first reading.  Council woman Bryant seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON FINAL PLAT FOR HOPKINS COUNTY MEMORIAL HOSPITAL

Hopkins County Memorial Hospital has requested to re-plat property located on the West side of Church Street, north of Airport Road, further described as lot 1-R block 5.  The re-plat will allow the Hospital to abandon Memorial Drive and accommodate a new medical office building.  The Planning and Zoning Commission recommends approval.  There was no one present to speak to the issue.  Councilman Powers moved to approve the re-plat.  Councilman Taylor seconded and the vote was unanimous.

 

DISCUSSION/ONLY ON COMPLAINTS ASSOCIATED WITH SULPHUR SPRINGS CULTURE

This item was placed on the agenda as a result of a continuing odor problems in and around the area of Sulphur Springs Culture plant located on Jackson Street. Mr. Chuck Nash presented a letter to Council detailing the problems that the odor has caused not only for him but for other residents of the area.  Mr. Nash stated that the odor was so foul that the appraisal district had lowered the value of his home by some $22,000.  Mr. Nash was very adamant that the city could do something to alleviate the problem.  Approximately five other residents of the area also spoke.  City Manager Maxwell told Mr. Nash and the Council that the city permits the pre-treatment facility at the plant and that we monitor them monthly, if they exceed that permit then they receive a surcharge.  The regulatory agencies such as the Texas Commission on Environmental Quality (TCEQ) are aware of the problem.  Mr. Ron Wehner, local plant manager, told council that he had only been at the plant for six weeks, but is keeping the superiors in his company informed of the problems they are experiencing.  There was no action to take at this time, however Council instructed the City Manager to work with the company in trying to find a way to resolve the problem and to report back to the Council in thirty days.

 

DISCUSSION/ACTION ON THE NINTH QUALIFIED PERSON FOR THE HOME PROJECT

Earlier in the year, Council approved a HOME grant to assist 9 qualified persons for construction of a new home.  Thirteen applications were received, 9 of those were qualified however one has passed away leaving 8.  Since the original applications, there have been changes in the income guidelines and one of the original 13 now qualifies,  Ms. Evelyn Dial.  Councilman Powers moved to approve Ms. Dial as the 9th applicant.  Council woman Bryant seconded and the vote was unanimous.

DISCUSSION/ACTION ON BID FOR CONSTRUCTION OF 9 STRUCTURES FOR THE HOME PROGRAM

Staff advertised for bids for the construction on nine homes for the HOME project.  Bids were received on June 22, 2004.  The Housing Review Board reviewed all six bids and recommends the low bid of Industrial Laminates Corporation at a base bid per home of $44,478.  Councilman Powers moved to approve the low bid of Industrial Laminates.  Council woman Bryant seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON AMENDMENT TO THE COST OF HIGHWAY 19 RELOCATION PROJECT

Council previously approved $149,640 for the relocation of utilities for the Highway 19 reconstruction and widening.   Since the original budget number an additional 12 inch water main from Azalea to Lakeview has been identified that will also need to be relocated at an additional cost of $63,300.  Council woman Bryant moved to approve the additional cost.  Councilman Taylor seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON PRESENTATION FROM THE POLICE DEPARTMENT FOR SALARY INCREASES

Some of the police officers and dispatchers are members of the Sulphur Springs Law Enforcement Association (SSLEA), and they are requesting a raise for police personnel.  Criminal Investigator Sergeant David Gilmore presented the results of a salary survey of the cities of Paris, Bonham, Greenville, Terrell, Mt. Pleasant and Hopkins County. The starting salaries are comparable, the difference is in the top pay of each rank.  In a staff report, council was given three options to consider, do nothing, place the request on a referendum ballot, or to pay for the increases from the asset forfeiture account paying increases of 4% over three years above the cost of living (COLA).  The forfeiture account has approximately $74,000 at the present, there is an additional $212,322 working it’s way through the process.  There is no guarantee that it will be awarded, or a in a definite time frame.  If council feels there needs to be an election in order to increase taxes to pay for the raises, then it would need to be called at this meeting to comply with deadlines for a September 11, 2004 uniform election date.  A discussion followed, in the discussion council ruled out calling an election.  City Manager Maxwell offered one additional consideration for funding.  He stated that cities charge a franchise fee to utilities that use rights of way for their businesses.  He went on to say that some cities general fund charges a franchise fee to their water and sewer or enterprise fund just as they would to any other utility.  This is the vehicle used to get the money from the Enterprise fund to the General fund. Another discussion was held concerning this funding source.  Mayor Brown moved to have staff prepare information regarding funding sources to leave starting pay for officers as it is and to increase the step plan to top out with the Mt. Pleasant salaries excluding dispatch.  Councilman Powers seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON PRESENTATION FROM THE FIRE DEPARTMENT FOR SALARY INCREASES

The Fire Department has also done a salary survey and have determined their step plan to be less than those surveyed.  The cities in their survey included Paris, Mt. Pleasant, Sherman, Greenville and Terrell.  Their concern is similar to the police in that the starting salaries are not the problem but the top out salaries.  After a brief discussion, Mayor Brown moved to have staff prepare funding to provide salary increases at a midpoint between the provided average and the City of Mt. Pleasant.  Councilman Powers seconded and the vote was unanimous. 

 

RECESS

Mayor Brown called for a five minute recess. 9:14 p.m.

 

RECONVENE

Mayor Brown reconvened the meeting at 9:21 p.m.

DISCUSSION/ACTION ON REQUEST FOR A SPECIFIC USE PERMIT FOR JOE’S LAST STAND

Property owner Joe Crouch has made application for a Specific Use Permit for his property located at 1125 Mockingbird for the sale of alcoholic beverages.  The City Attorney has determined that the business is in compliance with the terms of the Texas Liquor Control Act and the City of Sulphur Springs City Ordinance and there are no legal grounds for the refusal of a Specific Use Permit for this location.  Councilman Powers moved to approve the request for a Specific Use Permit.  Councilman Taylor seconded and the vote was as follows:

Ayes: Walker, Brown, Taylor, Powers, Bryant

Nays: none

Abstain: Crouch

The motion carried.

 

DISCUSSION/ACTION ON FINAL PLAT FOR CITY OF SULPHUR SPRINGS ANNEX

The City of Sulphur Springs is proposing to re-plat property located on the north side of Middle Street and the west and north side of Jackson Street, described as lots 1A, 1B, 1C, 1D, 1E, 2A, 2B, 3, 3A, 10 & 11 block 66 into one lot.  The property was acquired by the City as part of the county and school land swap and is now clear of all issues.  The re-platting is to properly accommodate future renovations and development of the property. Councilman Powers moved to approve the final plat.  Council woman Bryant seconded and the vote was unanimous.

 

DISCUSSION/ACTION ON CONTINUATION OF FUNDING FOR CAPITAL IMPROVEMENTS PLAN AND ON CAPITAL IMPROVEMENTS PROJECTS FOR 2005

City Manager Maxwell told Council that before getting too far into the presentation, staff needed direction from Council on how to proceed with the funding for the Capital Improvements Plan.  He told Council that in 1998 the Council chose to fund the program for infrastructure replacement at about half the rate of decay.  Although this was not enough to stop the overall decay of water, sewer and roads, it was better than nothing at all.  However, recently Councilman Crouch has expressed desire to change the way the program is implemented.  Councilman Crouch stated that he indeed believe that as opposed to spreading the projects out over five years, that we should bid the projects to outside contractors and spend the balance of the bond money.  He stated that with interest rates being so low that the money in the bank was not making any money to speak of and that it would be a better use of the citizens money to do all the work as far as the money would go.  A discussion was held concerning this approach.  Councilwoman Bryant moved to continue funding for the Capital Improvements Plan for the five years as was originally intended.  Councilman Powers seconded and the vote was as follows:

Ayes: Walker, Brown, Taylor, Powers, Bryant

Nays: Crouch

The motion carried.

The proposed streets for the 2005 year are: Northwood, Amberwood, segments of Woodbridge, Ardis, Booker, Craig, Calvert water, Highland sewer, Belview/Kyle water, Carter water and sewer, Lamar sewer, Como Street overlay and various water and sewer projects. Councilwoman Bryant moved to approve the proposed projects.  Councilman Powers seconded and the vote was as follows:

Ayes: Walker, Brown, Taylor, Powers, Bryant

Nays: none

Abstain: Crouch

The motion carries. 

 

VISITORS/PUBLIC FORUM

none

 

ADJOURN

With all business complete the meeting adjourned at 10:22 p.m.

 

                                                                                                             

Hopkins County on the Web Sulphur Springs Tourism and Visitor's Bureau Hopkins County Chamber of Commerce Genealogical Society
Hopkins County Civic Center Independent School District Sulphur Springs Public Library Northeast Texas Regional Arts
Sulphur Springs Airport Northeast Texas Choral Society Lodging