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HomeMy WebLinkAbout1982-08-27 - Special City Council23 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, HELD ON FRIDAY, AUGUST 27, 1982 - 3:30 P.M. A special session of the City Council of the City of Stephenville, Texas was called to order by the Mayor with the following members present: Mayor Joe F. Cummings Councilman Charles Riggins Councilman G. A. Swindle Councilman Ray Reynolds Councilman John E. Pollan Councilman David Clayton Councilman William G. Brede and with the following members absent: Councilmen Raymond Anderson and E. W. Ferguson. City Administrator Kurt J. Ackermann, City Secretary Joyce Pemberton, Director of Finance Charlene Young, Fire Chief Gene Morrison, and James P. Bachus, Chief Appraiser for Erath County Central Appraisal District, were also present. Mayor Cummings explained this meeting was for the purpose of con - ducting -a public hearing to consider approval of the proposed budget for the fiscal year 1982 -1983. HEARING TO CONSIDER PROPOSED 1982 -1983 Mr. Gene Morrison, Volunteer Fire Chief, addressed the Council with a budget request of approximately $40,000 for a new radio alert system for the Fire Department (paid and volunteers). Mr. Morrison Council could not one -half this yea $20,994 would get a large encoder. Council sees fit. said he realized that money was a problem and if the see fit to purchase the whole system they might consider r and one -half next year. Mr. Morrison explained that a repeater, cable, antenna, 40 pagers, 40 chargers, and This would give the base and could be expanded as the Mayor Cummings advised Mr. Morrison that the Council did appreciate the volunteer department and his request would certainly be considered. Mr. James P. Bachus, Chief Appraiser of the Central Appraisal District of Erath County, came before the Council to discuss the CAD's proposed budget for 1983. Mr. Bachus explained that most of the $22,241 increase in the 1983 budget was due to the fact that they were going to have to find another building as their present building was being sold. DISCUSSION (in part) AS FOLLOWS: Councilman Clayton: "Mr. Bachus, do you have some type of professional guidelines the appraisers go by when they are out appraising property, such as the type of questions they ask the landowners; etc. and is there some type disciplinary action taken when someone does not follow these guidelines ?' Mr. Bachus: "Yes, the appraisers are registered under the Texas State Professional Assessors and there is a Code of Ethics and anytime the Code of Ethics is misused that person is subject to review both locally and there too. Councilman Swindle: When an appraiser goes out to a place, say in the country or whereever, and there are any outbuildings, is he allowed to walk in those buildings and look around without anyone being there. I mean can they just arbitrarily walk into any building? T1,16 Mr. Bachus: If it is revelant to the value of the building, then he has permission to do so. He has the same permission as a deputy sheriff. Councilman Swindle: Without having to have some - - I mean, if the people don't even know he's there, he can just walk up and go in a building and look around? Mr. Bachus: Well, not in a home. to? Councilman Swindle: No, but he can go in any other building he wants Mr. Bachus: If a garage door is open, he can go in a garage. Councilman Swindle: How about opening the door to a pump house and storage building and just walking it it? Mr. Bachus: Well, yes, if its inhabited he can't. He could, but we don't recommend it. . Councilman Swindle: Well, the reason I asked that was because Mr. Groves was out on a piece of property I have on the Dublin Highway and my neighbor happened to see him open the door to the pump house where I store a bunch of stuff_ and walk in it and look around. I really didn't appreciate it because I didn't know he was out there in the first place. I don't think a guy should be able to just walk in and be able to go where ever he wants to go. He should be able to measure the outside of it, but I don't think he has any business on the inside. Mr. Bachus: If it has any detriment to the value, then, if its not sealed inside, well then, he'd say well its not sealed, but if its sealed and he sees its sealed, well, then it has something to do with the value. Councilman Swindle: Are you telling me that to appraise a tile pump shed he has to go inside and look at it? Mr. Bachus: He doesn't have to, no. Councilman Swindle: That's what I'm questioning. What the hell was he doing in my building looking around? Mr. Bachus: Did you tell him not to go in? Councilman Swindle: I didn't know he was out there till he was al- ready gone. I mean he just drove up asked whose place it was and they told him. He just went back there and next thing I knew he was going in - - looked around a little while and came back out. I don't know if he's in there using the telephone or what. Councilman Clayton: I think the point that's probably being brought out here is like in my case, you know, when they appraised my place out where my horses are, my horse 'barn that's being constructed, I think it would be good public relations to be careful about the questions asked. Everybody knows you have the right, there's no doubt about it, but, you know rights and what's prudent is not always the same thing. The questions they ask when they are on the place and the way they present themselves, its not as a matter we're out here as a public service, it seems to me like in some cases, its a matter of we're out here doing to you what we want to do and I think its a bad way to come off, don't you? Mr. Bachus: No, that's the wrong impression, if it was left, then it was wrong. Councilman Clayton: Well it was the impression that was given to me and I know, and I'm not wanting to be unfair, because I know it would be much better, maybe in some ways, if the man could stand here before us and say, well, this is why I did what I did, I realize that, but I'dJust like to make the point that there was some things done that left a bad taste in my mouth and, obviously, some others and after all this is not the kind of thing you want turning into somebody resenting somebody coming out to do that sort of thing. In other words, I don't want to feel that I have to watch this guy and feel like I've got to be even protective about my property when he comes around. Some of the questions, which I'm not going to bring up, I don't think it would be a good idea to, he asked were irrevelant to the situation and I really resented him asking questions of the type that he did and I think it would be a good idea to monitor, 21 "7 those sort of things pretty close because this is going to be a tough enough job, everybody knows that, your job's never been a popular job so to speak, but it can be made worse by this sort of thing. Mr. Bachus: Let me say, I've heard more here than I've heard from my board or - - -I've had less than 30 refusals out of 26,000 pieces of property. Councilman Swindle: I'm not refusing to have the man come on the property to appraise it, but had I known he was coming and needed in the building - - if I had been there to watch him - - I don't think the boy would steal, but I don't have time to watch him, but if I had known he was coming and could have gone in the building with him, I would have known good and well he didn't steal anything. How do I know the man didn't pick up a handful of handtools and take them with him? I'm not accusing the man of taking anything, but that is the situation that you could get into. Mr. Bachus: If the property was locked, they contact the property owner, then, if they can't get into it, they estimate the value. Councilman Swindle: I wasn't notified that he was out there. He pulled up, asked who the property belonged to and then he goes across the fence and walked down through there. Had he gone through the gate by Mr. Pair's or even by the house I own, both of those are kept locked at all times. Mr. Bachus: They have telescopes to pull anything to within 300 yds. and there was no use in this type thing going on. As I said, this is more than he had run into with 26,000 pieces of property. After more discussion, Mayor Cummings told Mr. Bachus that the Council felt that he needed to know these things and would want to know the concerns they had. Also the Council needed to get acquainted with the Appraisal District's operation in the Council's situation of trying to meet the city's budget it is required to meet to support the Central Appraisal District. Mr. Bachus advised the Council that, as a Council, they have the right, within 30 days, to throw this proposed Central Appraisal District's budget out, but that they have tried to be as professional as possible with this budget. Mr. Bachus named the following as items that are not public records: (1) the renditions, (2) sales information, (3) ag exemptions, and (4) anticipated values - have no real value until accepted by the Board. Councilman Clayton; Would an appraiser be likely to ask a question like "Do you really think you are going to call this a farm once it has been a subdivision ? Do you really think you are going to get by with that ?" Is that a proper question as the property was not subdivided? Mr. Bachus: Yes, in your case David. Guthrie still has two lots under the subdivision name, but that was not the proper way to handle it. Councilman Clayton: That is my question. That is why I think there are problems that need to be looked at. I think that if you would talk to Commissioners you will find there is some discontent with them also. The way these things are handled by personnel can make a big difference in the way people feel toward the Central Appraisal District. After more discussion, Mayor Cummings thanked Mr. Bachus for coming and discussing these items with the Council and advised him that the Council would like to work closely with the Appraisal District as it would be a benefit to both entities. Mayor Cummings asked for comments on Gene Morrison's request. Councilman Riggins commented that the tax rate would need to be raised l(�. This would create an additional $25,000. Councilman Clayton reminded the Council that Kenneth Haley had said (in budget workshop) that he did not think this radio alert system was that important. Mayor Cummings said that was the reason Mr. Morrison was so late 248' coming in with this request. He had thought Kenneth was going to pre- sent it in budget workshops. City Administrator Ackermann said that Mr. Haley said that if he could have $1200. in the budget for some antenna works and coax work, etc., then he would not need these pagers and he does have the $1200. in the budget for this work. Councilman Swindle asked if it had been decided to freeze the Fire Marshal's salary at the present level without the 5% increase? City Administrator Ackermann advised that a 5% cost of living in- crease for the Fire Marshal is included in this budget. Councilman Swindle advised that the Fire Marshal is overpaid in comparison with other cities doing the same job. If the city is going to $25,000 for a Fire Chief, there is no sense in boosting the Fire Marshal's job. Once it catches up, in a year or two, then go ahead and give the normal raise, if we need to. Councilman Riggins commented that the hiring of a new Fire Chief would reduce the duties and responsibilities of the Fire Marshal. City Administrator Ackermann advised that it would be worth 3fi on the key rate according to the State Board of Insurance to have the Fire Chief separate and apart from the Fire Marshal. Councilman Swindle moved approval of the 1982 -1983 budget as pre- sented with the follwoing changes: 1. The Fire Marshal's salary be frozen at present status. 2. $21,000 be put into a contingency fund in the event the new Fire Chief feels the beepers are needed. Councilman Pollan made the'second. Councilman Brede asked that the amendments to the budget be voted on as separate items. Councilman Swindle moved that the Fire Marshal's salary for the 1982 -1983 fiscal year remain the same as 1981 - 1982. Councilman Pollan made the second. The motion carried by the following vote: AYES: Councilmen Swindle,.Pollan, Riggins, Reynolds, and Clayton NOES: Councilman Brede. Councilman Swindle moved that $21,000 be appropriated into a separate contingency fund to be used by the new Fire Chief in the event he decides the beepers are needed. Councilman Pollan made the second. The motion carried by the following vote: AYES: All members present NOES: None Councilman Swindle moved approval of the following ordinance AN ORDINANCE APPROVING THE BUDGET SUBMITTED BY THE CITY ADMINISTRATOR OF THE CITY OF STEPHENVILLE FOR THE FISCAL YEAR OCTOBER 1, 1982 TO SEPTEMBER 30, 1983. Councilman Riggins made the second vote: AYES; All members present NOES: None The motion carried by the following There being no other business, the meeting adjourned at 4:45 p.m. Jo Cummings, Mayor EST: Citff Secretary