HomeMy WebLinkAbout2014-05-13 - Special City CouncilMINUTES OF SPECIAL COUNCIL MEETING
City of Stephenville - City Council
TUESDAY, MAY 13, 2014-5:30 P.M.
The City Council of the City of Stephenville, Texas, convened on May 13, 2014, at 5:30 p.m., in the
Council Chambers at Stephenville City Hall, 298 West Washington Street, for the purpose of Special Council
Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place
and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas
Codes Annotated, with the following members present, to wit:
Mayor Jerry K. Weldon II
Mayor Pro -Tem Malcolm Cross
Council members Casey Hogan
Doug Svien
Russ McDanel
Alan Nix
Brady Pendleton
Scott Evans
Others Attending Mark A. Kaiser, City Administrator
Randy Thomas, City Attorney
Cindy L. Stafford, City Secretary
Call to Order. The meeting of the Stephenville City Council was called to order at 5:30 p.m.
on Tuesday, May 13, 2014, by Mayor Weldon.
II. Canvass Election Results of May 10, 2014 City Election and Consider Passing Resolution
No. 2014-04
Mayor Weldon appointed Doug Svien to oversee the canvass of the votes from the May
10, 2014 election.
MOTION by Doug Svien Cude, second by Russ McDanel, to approve Resolution 2014-04.
MOTION CARRIED.
III. Recognize Outgoing Council Members)
Mayor Weldon presented a certificate to Malcolm Cross, which read, Presented to Malcolm
L. Cross in grateful appreciation for your dedication and service to the City of Stephenville,
City Council Member 2000-2014, Mayor Pro -Tem 2008--2014."
Cross made the following comments:
"Bytradition an outgoingcouncil member isawarded a plaque atthis ceremony, andthen
makes a few innocuous remarks about his service and achievements, whilethankingthe
citizens for giving him the opportunity to serve and wishingeveryone best wishes for the
future.
Special Council Meeting May 14, 2013
Stephenville City Council
"I have already broken with this tradition by letting it be known I had no interest in
receivinga plaque, given that Ihave no needfor any souvenir of the circumstances of my
departure.
"I now proposetofurther depart from thistraditionbyofferingremarks whichwillbe,l
hope, anythingbutinnocuous.
"I initially planned to retire voluntarily from the city council at the end of this term. Butl
decided to seek another term to prove a point. Lastfall, ata city council meeting, one
member said anyone who refused to support the Mayor on a particular issue was violating
his oath of office. Really?
"Theonlyoathl took was tothe Constitutions of the United States and the StateofTexas-
nottoany particular person. Infact,I have nevertaken an oath of loyaltyto any person
except on myweddi ngday.
"Later that evening after I had switched myvote from support for, to opposition to, the
Mayor's initiative, was accosted in the parking lot bytwo citizens who demanded to know
why I had voted the way I did, yet who kept tryingto silence me, sayingthey believed
nothing I was saying as I tried to explain my position. Under the circumstances, it
occurred tome that to retire vol untari ly from the city council atthattime could be seen as
an act of cowardice inthe face of unprovoked bullying. The voters decided to retire me
anyway, as was their right. But I shall not be bullied into silence. We'll see what, if
anything is done tonight.
"Of course, I do thank the city employees for the quality and quantity of service they
offer, at times in the face of unjustified attacks on their integrity, as befell the
Stephenville Firefighters this election season, as well as those who conducted the salary
survey onwhichthesoon-to-be implemented pay plan is based. But havinglived 27years in
Stephenville and worked 14years with its employees on the council, I am not afraidto say I
trust their integrity.
"And while we're on the subject of integrity, I'd like to suggest that to question the of
Tarleton employees who have served onthecitycouncil is reallytoquestionthe integrityof
Tarleton's leadershi paswell. Afterall, if we're puppets ina grand scheme to manipulate,
enslave, and exploitStephenvil le and its citizens for Tarleton'sgreater glory, then they must
bethe puppet masters. Aside from thefactthat a Tarleton conspiracy issimplythe product
of delusional imaginations, questioning Tarleton's leadership makes no sense, given
Tarleton's importance to economic development and economic development's
importance to Stephenville's future. You will find that to question others' integrity will
make working with them more difficult.
"But I also thank the voters for electing my late wife's older sister, Sherry Zachery, to the
city council. She is a lady of great intelligence, integrity, and ability, even though she and I
would have canceled each other's votes out on financialissues
Special Council Meeting May 14, 2013
Stephenville City Council
"And of course, I also thank the citizens for seven times electing me to the city counci I. As
for the results of my eighth attempt at public office -after Winston Churchill lost his bid to
be re-elected Prime Minister of Great Britain, his wife tried to console him by saying his
defeat was a blessing in disguise. "Well," said Winston,"&it's a blessing in disguise, it is very
well disguised."
"My defeat does, I believe, have a blessing, and it's not as disguised as Winston's. Let me
explain. I lost my re-election bid mainly because the voters were angry over my votes on
taxes and spending lastfall. I was concerned becausetrends incur finances indicated that
the government had begunto spend more money than it was collecting in revenue. We
can do this for short periods of time, given the huge surpluses we accumulated during my
f i rstyears on the council, to be spent on capita I projects. But given the rapidity with which
we began to diminish our reserves, I was concerned that soon we would eatthrough them
and then we would be confronted with unpalatable choices -either raise taxes to higher
rates than Iwould favor, or cut spendi ngto lower levels than Iwould favor.
"To postpone the day when we hadto confront these choices, I decided the bestthi ngto do
was to implement modest spending cuts, and support a modest tax increase now. And bya
modest tax increase, Imeant no more than a one penny increase in our property tax rate,
raisingthe tax bill by:
• $700.00 a year on a house valued at $JDOOpOO;
• $70.00 a year on a house valued at $700,000;
• $5.00 a year on a house valued $50,000.
"Thiswaywecould perhaps buy sometimeformore economic growth to somedaygiveas
more revenuewithout the need fortax increases.
"I was by no means the only council member who voted for spending cuts and tax
increases, but I was the only one who voted for both simultaneously. The fact that my
approach was rejected by everyone else on the council should have been seen as
presaging its rejection by the public at large.
"So what will happen now?
"We have $7p00,000 in reserves. Ofthat
• $3.5 million must be set aside to maintain three months' worth of funds for
emergency operating expenses; and
$1.5 million is earmarked as matching funds for various grants.
This leaves usjust $2 million dollars in reserves left.
"But accordi ng to a letterto the editorfrom another citycouncil member, Stephenville
faces "majorwater and sewer infrastructure repairs and updates, milesof street repairs,
replacingagingwaterwells and raisingwagesandbenefits, all totaling millions of dollars."
With all those problems to fix, those reserves will soon vanish. So what's to be done?
Special Council Meeting May 14, 2013
Stephenville City Council
"Raise taxes? As the election returns show, the voters won't accept that. Cutspending?
How can we do that in the face of the need to address major water and sewer
infrastructure repairs and updates, miles of street repairs, replacing water wells, and
ma king salary adjustments -all of which will add millions of dollars of year to the budget,
despite the absence of any realistic provisionfor new revenue?
"Besides, last summer and fall duringthe budget and tax rate hearings, nobody other than
Sherry produced any ideas for significantly cutting spending. You may well find spending
cuts to be no more popular than tax increases.
"Of course, the winners of this election saythatwe can avoidthe unpleasant tasks of raising
taxes and cutting spending simply by growing the economy, thereby generating more
revenue for more spendingwith no newtaxes.
"I appreciate the benefits of economic development. In fact, as a council member, I
supported incentives to assistTejas Tubular, St. Gobain, and FMC. Indeed, the last week of
my life as a married man, I represented the City of Stephenville as Acting Mayor at FMC's
ground breaking ceremony for its expansion project.
"However, there are limits to how much additional jobs and revenue economic
development projects can generate:
• Current economic growth issimply not producing enough new revenue to match the
rising cost of current services -hence the need to keep depletingour reserves more
rapidly than we can restore them; and
• Some projects need years to come to fruition anyway
"Butwe haveto be concerned with thefi nancial needs of Stephenville now, ifwe'retoavo!d
biggertax increases a nd/orspend I ngcutsinthe nearfuture.
"Do we simply borrow more money in the hope you can one day have enough funds to
pay off our debts? You're going Washington!
"And herein lies the not -so -disguised blessing: The City Council must wrestle with these
problems, but ]don't haveto. Havingsuccessfullydodged the rocks for llyears,until now,
I get to sit on the sidelines and throw them. For don't forget -I currently lack a vote on
the council, but I remain a citizen, a taxpayer, and a voter, with all the rights and
privileges to remain involved in ongoing debates on publicaffairs.
"So let me leave you with one final thought. The payfor a city council member is$20O.00a
month, or $2,400.00/year, unless one is a Tarleton employee, in which case one cannot
accept an additional salaryfrom the city. So given the fact that I worked forfree all these
years, whatever else you say about the quality—or lack thereof—of my service, you at
least got your money's worth out of me."
Special Council Meeting May 14, 2013
Stephenville City Council
Mayor Weldon presented a certificate to Scott Evans, which read, "Presented to Scott Evans
in grateful appreciation for your dedication and service to the City of Stephenville, City
Council Member 2008-2014."
Evans made the following comments:
"I want to thank the people who voted for me. I have served a total of 14 years as a city
council member on two different occasions. I see a lot of people in the audience tonight
that have been friends of mine for a long time and I know that you did not vote for me.
Time will heal this wound; and I have no doubt thatwe will be friends again, because in the
end, I thinkwe all love Stephenville. To staff, I want to say 'thank you', and I especiallywant
to say 'thank you' to you, Mark. I think the city is lucky to have you. You've shared with me
on more than one occasion your vision for Stephenville, and I hope you get to see your
vision completed before your retirement day comes. For the council members that I have
served with—past and present—I want to say 'thank you'. I think you have to be a council
member before you truly understand what being one's about. I want to thank my favorite
council member, Alan Nix. I love you. You're a good man. I first decided to run for city
council back in 1989. 1 had been in business at that time for about ten years, and I'd had
some success. My wife, Sherrie, was teaching school, and we had three handsome boys.
Sherrie and I both came from good families. I was the perfect candidate. I received enough
contributions that year to buy a few yard signs, and we bought one of those ads in the
paper that listed the names of all the people that supported you. That year I won in a
landslide. Saturday, I received 44 less votes than Adam Cash. Today things are much
different. While we have been arguing about committee assignments in 1996 orwho did or
did not sign multi -jurisdictional agreements for volunteer fire departments or whether a
penny tax increase is justified or not or to have or to not have an economic development
coordinator, there have been forces that have kept their eye on the big money. They've
hired political consultants and they've received contributions from corporations outside the
city. They could care less about Lowe's. You see, the decisions that are going to be made the
next few years will involve hundreds of thousands if not millions of dollars. The new council
is going to decide who pays for what—who pays the money and who receives the money.
To Boyd and to Sherry and to Jerry, I do not believe that you got to your station in life
without having some common sense and some good instincts. I thinkyou're all good people
that have no idea of what you've gotten yourselves into. Soon the people that supported
you are going to come calling, and I wish you all the best of luck. Thank you."
IV. Oath of Office of Newly Elected Council Members
City Secretary, Cindy Stafford, administered the oath of office to Kenny Weldon, Mayor;
Boyd Waggoner, Place 2; Russ McDanel, Place 4; Alan Nix, Place 6; Sherry Zackery, Place
7; and Jerry Warren, Place 8.
Mayor Weldon welcomed the new council members and offered each council member
the opportunity to speak.
Boyd Waggoner thanked the people of Stephenville for their support. He said that he will
do the best he can for Stephenville.
Special Council Meeting May 14, 2013
Stephenville City Council
Doug Svien welcomed the new council members.
Russ McDanel made the following comments
"During my campaign, I said, 'This election will chart our path for years to come' and I still
believe that is the case. Last September in this chamber, a new budget was approved and
tax rate hearings were held. Citizen after citizen spoke at the podium, but as you know, the
vote did not go your way. Looking back, I believe that was the catalyst or defining moment
that you concluded it was time for a city council that truly LISTENED to the PEOPLE and
then voted the WILLof the PEOPLE! We have a hard-working, experienced Leader in Mayor
Kenny Weldon buttoo often a majority of the council did not support his initiatives. You as
informed citizens saw what was occurring and took action. You saw the opportunity to
become directly involved in your local government.
"Candidates stepped forward with clear goals in mind. It was ourjob to communicate our
message to you and it was up to you, the voters, to decide who would truly represent your
will. An intense nine weeks of campaigning followed, with candidates using all methods to
get their message to the voters. Debating the issues is healthy and the voters were given
clear choices. I personally ran on my six-year voting record of keeping taxes low, city
services efficient and to empower our community.
"My first call on election night was from my best friend, with the words, "Congratulations
Russ, you won!' My son, Jay, my daughter, LaShay, and my love, Julie, were all by my side.
When I learned that Mayor Weldon had also been re-elected and Jerry, Sherry and Boyd
had also won their races; I thought'how sweet it is!' The voters have spoken and the will of
the People was exercised at the ballot box. In nine years of local politics I have never seen
the amount of debate and discussion between citizens themselves.
"Many of you are in the audience today or are watching at home, THANK YOU to each and
every one of you that worked on my campaign, shared my literature with neighbors and
tirelessly informed the voters on the issues and the candidates. This was NOT about me,
this was about 'charting our path for years to come."
"We have great opportunity ahead and we are heading in the right direction. Please be
patient with us, it won't happen overnight. Keep encouraging and supporting our efforts
and great things will come.
"Lastly, I want to share a text I received election day afternoon:
'I hope you're enjoying the beautiful day the Lord has given us and feeling good
about yourself and your campaign. You have conducted yourself honorably!
'Listening to the PEOPLE' is not just some slogan on a sign and there are literally
yellow signs ALL over town evidencing our respect for your service. It's a good day.'
"Thank you for your prayers, faith and continued support. Sincerely, Russ McDanel"
Special Council Meeting May 14, 2013
Stephenville City Council
Brady Pendleton expressed appreciation for the work that was accomplished by Malcolm
Cross and Scott Evans. Pendleton thanked them for their dedication to Stephenville. To Boyd
Waggoner, Jerry Warren, and Sherry Zachery, he offered congratulations and stated that he
looked forward to serving with them on the council. He said that he hopes everyone on the
council will work together for what's best for Stephenville.
Alan Nix said that two of his very good friends have left the council. He thanked Malcolm
Cross and Scott Evans, saying that they are honorable men who served the city well and
who have a great love for this community. Nix said he looks forward to working with the
new council members and welcomes the opportunity to make new friends. He thanked
those citizens of Stephenville who voted in the election. Nix pledged that hewill continue to
do his best for the City of Stephenville.
Sherry Zachery thanked everyone who helped in her first run for city council. She thanked
her friends and the new acquaintances for encouraging her during the campaign. She
thanked those voters who exercised their right to vote.
Jerry Warren said that he is "happy to be here" and truly thankful for those who worked
toward a successful campaign. He especially thanked his wife, Cheryl, for "putting up with
him" and for serving as his campaign treasurer.
Mayor Weldon made the following comments:
"Thank you to the Lord,mywife, myfamily, mysupporters and to all the citizens who
voted in the election.
"It is an extreme and humbling honor to serve this community as your Mayor ... I
believe incur FUTURE. And Iwant to Promote and Preserve the uniqueness and value
of Stephenville ...... this wonderful and amazing place.
"WHY ARE WE HERE? We live in a Free Country and are blessed byour Creator with
inalienable rights; our government provides a structure for us to achieve what we
all want.
"We all want to live in a safe community with good water, streets, parks,
public safety, and a great quality of life.
"The City Council and our City Government exist to provide for the citizens of our
community.
"The mayor's duty is to carry out the shared responsibilitywithother council members
to establish policy-identifyi ng the needs of the city, developing programs to satisfy
those needs, and evaluating the extent to which municipal services satisfactorily
reflect the policy goals of the council.
"So, HOW do we achieve this goal?
Special Council Meeting May 14, 2013
Stephenville City Council
First let me caution us what not to do. We should not assume we have all the
answers. Nor assume the solution is black and white. The needs of our community
continue to develop. We are blessed with a diverse economy—agriculture,
education, manufacturing, regional medical, and regional retail. But we are in
competition both regionally and statewide for limited resources. Our competition
isn' t local, it's Cleburne, Weatherford, Cranbury, Mineral Wells, Brownwood,
Commerce, Canyon, Killeen and many others. Add to this a growing
Stephenville population and aging infrastructure.
"The regional competition with other cities and our own city's growth creates a
situation where change is inevitable and we can choose to lead, follow, keep pace
or decline. I'd prefer we lead with a unity of purpose that will preserve the
uniqueness and value of Stephenville. We should never expect to get something, for
nothing.
"So HOW do we meet the needs of our community?
"Ithinkitall starts with apositive Attitude. Mygoal,as Mayor, isto lead the council to
perform our duty, and the role of city government, with a positive, service -minded
approach, built on a transparency and level of communication that builds trust and
cooperation.
"And I BELIEVE We CAN leverage our strengths to a successful future.
"We are blessedwith a Diversified Economy and great Peoplewho are the Heart of our
community...
"I believe that if our City Government should focus on the following four areas:
1. "Most importantly, we must communicate. The citizens of our community
deserve a level of transparency that builds trust and cooperation. This includes
continued efforts with Erath County & Tarleton State University, by sharing
information and opportunities. The best decision is an informed decision. We
must seek to understand the financial implications of each decision and
clearly communicate the opinions and options considered. And sometimes,
we must also make decisions without fully understanding the outcome ... this
implies some risk. But the pursuit of a perfect solution 's always the enemy of
progress. The council's primary duty is policymaking --identifying needs,
formulating programs, and measuring effectiveness of municipal services. We
must, as a council, focus on the development of policy to establish adequate
planning, budgeting, and services to our citizens. This is the HOW. The
identification of needs include: water, traffic flow (thoroughfare), infrastructure
(roads/water/sewer), and land -use planning. Program development to meet
these needs. And, measures to gauge our efforts as a community.
2. "l believe Economic Development isthe key to success in meeting the"WHYWE
ARE HER E" mentioned earlier. The key is growth of our tax base through
managed, economic development. This does not mean simply recruiting retail
or providingtax abatements. Economic development should seekto createjobs
Special Council Meeting May 14, 2013
Stephenville City Council
with higher wages and housing, using our existing community strengths. We
should promote the long-term interests of existing local business- let's attract
companies to relocate here that use or produce prod uctsthatsupportexisting
localbusiness. Thiswill bringjobsto Stephenville, help local business, and create a
tax baseforthe city. How our city government participates inthe development
process is also very important to economic development. Our ordinance and
building code enforcement processes must ensure we provide the proper
incentives to development, while upholding community standards. We setthe
pace with our ability to promote business and housing construction in an
efficient and effective manner. This is critical to our success.
3. "Our budgeting process must address both current year and five year
projections, so we keep pace with street, water, and sewer projects to
adequately support the long-term needs of city infrastructure. Thisapproach
wi I I also support informed decision- making. Weneedtocreate and inplementa
5 -year infrastructure improvement plan, to guide our water, sewer, and road
maintenance. Our city employees are also critical to our success. We must
retain a qualified workforce with an adequate pay and staffing planwithinthe
city staff.
4. "Finally, we must continue to celebrate our heritage as a community so citizens
can enjoy their shared interests. The 4th of July parade, the summer concerts,
museum pioneer days, Texan Military Appreciation Day and parade, and
Western Heritage Week are examples of these opportunities.
"So,we begin this eveningthe work needed to promote our strengths to a successful
future. We live ina very special place and we should be excited about the future ...I
AM. And now, I'm asking you to please join me to Promote and Preserve the
uniqueness and value of Stephenville.
"Let the favor of the Lord our God be upon us; And confirm for us the work of
our hands; Yes, confirm the work of our hands. And May God Bless Stephenville,
Texas.
V. Adjourn
MOTION by Russ McDanel, second by Doug Svien, to adjourn the meeting. MOTION
CARRIED and the meeting was adjourned at 6:21 p.m.
W _
Jerry . Weon II, Mayor
ATTEST:
!O , /
Special Council Meeting May 14, 2013
Stephenville City Council
RESOLUTION NO. 2014-04
A RESOLUTION CANVASSING THE RETURNSAND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION.
There came to be considered the returns of an election held on the 101h day of May, 2014, for the purpose of
electing the hereinafter named officials, and it appearingfrom said returns, duly and legally made, thatthere
were cast at said election 1,564 valid and legal votes; that each of the candidates in said election received
the following votes:
MAYOR CITY COUNCIL, PLACE 2
Brady Pendleton 502 Malcolm L. Cross 622
Kenny Weldon 1,054 Boyd Waggoner 895
CITY COUNCIL, PLACE 4 CITY COUNCIL, PLACE 6
Perry D. Elliott 646 Adam Cash 607
Russ "Rusty" McDanel 886 Alan Nix 864
CITY COUNCIL, PLACE 7 CITY COUNCIL, PLACE 8
Sherry Zachery 858 Jerry Warren 954
Justin Shane Allison 62 Scott Evans 563
Rustylergins 601
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS:
That said election was duly called; that notice of said election was given in accordance with law, and that said
election was held in accordance with law, and that:
Kenny Weldon was duly elected to Mayor;
Boyd Waggoner was duly elected to City Council, Place 2;
Russ "Rusty" McDanel was duly elected to City Council, Place 4;
Alan Nix was duly elected to City Council, Place 6;
Sherry Zachery was duly elected to City Council, Place 7; and
Jerry Warren was duly elected to City Council, Place 8;
Said above-named parties are hereby declared duly elected to said respective offices, subject to the taking of
their oaths of office as provided by the laws of the State of Texas and the Charter of the City of Stephenville,
Texas.
Canvass Resolution—Page 1
PASSED AND APPROVED by the City Council of the City of Stephenville, Texas, this the 13h day of May, 2014.
Mayo
Cindy L. 61fiord, City Uvretary
Reviewed by Mark A. Kaiser,
City Administrator
Approved as to form and legality
Randy Thomas, City Attorney
Canvass Resolution—Page 2