Seymour City Council Meeting - March, 2006 Page 4

3. Discuss, Consider and take action upon Ordinance to authorize the Chief of Police to erect stop signs at the ‘T’ intersection of West Custer and North Cedar streets, to control eastbound and westbound traffic, as per recommendation of Chief Tommy Duncan and per request of neighborhood residents.

Mayor Craighead explained that this is actually a ‘Remove From the Table’ item. A few months ago, the neighbors who live near this intersection approached Council to request a traffic count and consideration of the installation of these signs. At last months Council meeting, Chief Tommy Duncan reported that his traffic study results, when considered alongside the narrow nature of this segment of Custer, indicated that stop signs would be beneficial. Here before Council tonight, is the ‘final form’ of the City ordinance to order the signs be installed.

Motion:
Motion to accept and adopt the Ordinance as presented, to authorize the Chief of Police to erect stop signs at the ‘T’ intersection of West Custer and North Cedar streets, to control eastbound and westbound traffic, as per recommendation of Chief Tommy Duncan and per request of neighborhood residents, made by Councilwoman Donna Fest,
2nd by Councilwoman Rose Tankersley.

Vote on the Motion:
passed unanimously.

THIS IS ORDINANCE # 2006-03.

4. Discuss, consider and take action to accept the status report as provided by GRANTWORKS Consultants regarding the HOME grant currently in process and accept partial list of those homeowners who have completed applications.

Mayor Craighead explained that this item allows Council to follow the status of this tornado-relief grant that was awarded to the City of Seymour last October, for the tornado that occurred March 4, 2004. Although the grant will accommodate as many as 9 homes to be repaired or completely replaced, we have only had five applicants so far who have submitted an application. The accepting of the ‘partial list’ does not close the door to any other citizens who might be interested in now applying to see if they meet the strict State criteria for this program. There are income requirements (this is for low-income residents) and Senior Citizens and the physically disabled are given priority. Any interested resident is encouraged to stop by CS Simpson’s office during work hours.

Motion:
Motion by Councilman Snyder to accept as presented, the informal list and status report from GRANTWORKS, grant consultants under contract, regarding the HOME grant, 2nd by Councilwoman Fest.

Vote on the Motion:
passed unanimously.

5. Discuss, consider and take action to accept Certification of Unopposed Candidates as presented by the City Secretary, and to cancel the City of Seymour City Officers election(s), both General and Special, scheduled for May 13, 2006, due to no opposed candidates, by authorizing Order of Cancellation.

Mayor explains that this is a two part motion, first the Council members would accept the certified statement from the City Secretary that there are no opposed races, then the Council will approve and order the Cancellation of the Election with the Order of Cancellation.

Motion:
Motion by MPT Butler, 2nd by Councilman Snyder, to accept as presented the Certificate of No Opposed Races, as presented by City Secretary Elaine Simpson, and further to cancel the City of Seymour City Officers election(s), both General and Special, scheduled for May 13, 2006, due to no opposed candidates, by authorizing Order of Cancellation.

Vote on the motion:
passed unanimously.

6. Discuss, Consider and take action to approve Resolution in support of the designation of Business Routes BU 277, BU 183 and BU 283 and US 277 Relief Routes within the City of Seymour and affirming support to expedite the construction of the US 277, US 183, US 283 Relief Route.

Mayor explained that this was a Resolution that merely made it official that when the new Hwy 277 realignment project is finished to the east of town, that the State Highways that are now inside the City limits will change to being business routes, to eliminate duplicity.

Motion:
Motion by Councilman Coltharp, 2nd by Councilwoman Fest, to approve and adopt Resolution in support of the designation of Business Routes BU 277, BU 183 and BU 283 and US 277 Relief Routes within the City of Seymour and affirming support to expedite the construction of the US 277, US 183, US 283 Relief Route.

Vote on the motion:
passed unanimously.

THIS IS RESOLUTION # 1267.

7. City Administrators report, report of suggestions/concerns received this month in the Suggestion box, and the well-level report. CA Shephard explained that there were no suggestions in the box this month.

City Administrator Shephard explains that the two local telephone service providers have submitted proposals for the City of Seymour municipal locations for local/long distance and TV. Council members did not have this item on their agenda, as it was suggested that this was a decision best left to the Administrator. Mayor Craighead thanked both local phone companies and expressed the appreciation of the City for their work and their respective involvement in the community – both are good corporate citizens.

CA Shephard indicated that the well-level reports were at the Council places.
CA Shephard explained that there are personnel policies in place for any citizen, who, like the Sheriff, has concerns about City personnel. There is an organizational chart and he is willing to hear from any citizen regarding concerns.

8. City Council members’ reports and setting of future agenda items.

Councilwoman Rose Tankersley noted that the hours for the Municipal Transfer Station have changed to ‘Summer Hours’ and she requested that City Staff place this information in the Baylor County BANNER.

MPT Butler explained that he would like the Emergency Management group, as led by Chief of Police Tommy Duncan, to make sure that we are going into storm season with adequate coordination and training with all other law enforcement, the weather service and health care providers. It is important that we all work together on the same game plan during severe weather. CA Shephard explained that the County Emergency response plan would be reviewed.

EXECUTIVE SESSION: PUBLIC MEETING CLOSES at 7:45 p.m.

Executive Session starts at 7:50 p.m. when room was cleared.
Executive Session: (closed to the public) pursuant to Chapter 551 of the Texas Local Government Code under:
§ 551.087 : Deliberation Regarding Economic Development Negotiations; Closed Meeting

9. Receive information from City Administrator, Discuss or deliberate regarding commercial or financial information that the City Council has received from business(es) that the City Council seeks to have locate, stay, or expand in the City of Seymour and with which the City Council is conducting economic development negotiations, being Cactus Juice/Safe Solutions.

Exec. Session ends. At 9:07. p.m.
EXECUTIVE SESSION : PUBLIC MEETING REOPENS AT 9:08 p.m.
Because of the long duration of the Executive Session,
the radio broadcast was not re-established.

10. Take Action resulting from deliberations during Executive Session.

Mayor explained that the Council had received information regarding Safe Solutions/Cactus Juice/Mill Creek’s (commonly known as Cactus Juice) struggling economic condition. An opportunity has presented itself, to allow the sale of the debt, owed by Cactus Juice to the City of Seymour, in order to re-invigorate and keep this company in the City of Seymour. A proposal has been made by Dr. Paul Parkey to ‘purchase’ the outstanding notes from the City on behalf of Cactus Juice for $50,000 up front, and a 2 year lease of the current building (owned by the City of Seymour) for $1,500 per month rent, and at the end of the two years, $50,000 more, and by those things ‘purchase the debt’, but also be able, at the end of two years, to walk away and not owe the City of Seymour anything if he so chooses to abandon the company. If the purchase of the debt is finalized by the paying of the $100,000 and the two years worth of rent at $1,500.00 per month, Dr. Parkey will be eligible to claim ownership of Cactus Juice, excepting the building (which belongs to the City).

There are some legal questions which remain regarding liability of the City of Seymour to the stockholders and citizens, etc. There are also some issues that Dr. Parkey must address directly with Cactus Juice as separate legal/business agreements. These issues must be addressed and all legal questions answered to the satisfaction of Council.

Motion:
Motion by Councilman D. Snyder, 2nd by D. Coltharp, to – contingent upon legal advice approving such transaction from the City Attorney – accept and approve and enter into agreement with Dr. Paul Parkey for the purchase of the outstanding debt owed to the City by Safe Solutions/Cactus Juice/Mill Creek, in the following manner: Dr. Paul Parkey will pay to the City of Seymour $50,000 and then proceed to occupy the current location on N. Cactus Trail in Seymour and run the Cactus Juice company, for two years, during which time a monthly rent to the City of Seymour from Dr. Parkey will be paid in the amount of $1,500.00, and at the end of two years, an additional $50,000 will be paid to satisfy the agreement and cancel the debt and Dr. Parkey will then own the assets of Cactus Juice (except the building which remains the City’s property) or at this point, Dr. Parkey can walk away at the end of the two years and owe nothing further.

Vote on the Motion:
passed unanimously with understanding that legal advice must be received from our City Attorney to approve such transaction, before any memo of understanding can be drafted.

ADJOURNMENT

Motion:
Motion to adjourn at 9:13 p.m. by MPT Butler, 2nd and passed unanimously.

Approved this 20rd day of April, 2006 .

signature_________________________
Mayor Dan Craighead

___________________________________
Attest: Elaine Simpson, TRMC, CMC
City Secretary

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	3. Discuss, Consider and take action upon Ordinance to authorize the Chief of Police to erect stop signs at the ‘T’ intersection of West Custer and North Cedar streets, to control eastbound and westbound traffic, as per recommendation of Chief Tommy Duncan and per request of neighborhood residents. Mayor Craighead explained that this is actually a ‘Remove From the Table’ item. A few months ago, the neighbors who live near this intersection approached Council to request a traffic count and consideration of the installation of these signs. At last months Council meeting, Chief Tommy Duncan reported that his traffic study results, when considered alongside the narrow nature of this segment of Custer, indicated that stop signs would be beneficial. Here before Council tonight, is the ‘final form’ of the City ordinance to order the signs be installed. Motion: Motion to accept and adopt the Ordinance as presented, to authorize the Chief of Police to erect stop signs at the ‘T’ intersection of West Custer and North Cedar streets, to control eastbound and westbound traffic, as per recommendation of Chief Tommy Duncan and per request of neighborhood residents, made by Councilwoman Donna Fest, 2nd by Councilwoman Rose Tankersley. Vote on the Motion: passed unanimously. THIS IS ORDINANCE # 2006-03. 4. Discuss, consider and take action to accept the status report as provided by GRANTWORKS Consultants regarding the HOME grant currently in process and accept partial list of those homeowners who have completed applications. Mayor Craighead explained that this item allows Council to follow the status of this tornado-relief grant that was awarded to the City of Seymour last October, for the tornado that occurred March 4, 2004. Although the grant will accommodate as many as 9 homes to be repaired or completely replaced, we have only had five applicants so far who have submitted an application. The accepting of the ‘partial list’ does not close the door to any other citizens who might be interested in now applying to see if they meet the strict State criteria for this program. There are income requirements (this is for low-income residents) and Senior Citizens and the physically disabled are given priority. Any interested resident is encouraged to stop by CS Simpson’s office during work hours. Motion: Motion by Councilman Snyder to accept as presented, the informal list and status report from GRANTWORKS, grant consultants under contract, regarding the HOME grant, 2nd by Councilwoman Fest. Vote on the Motion: passed unanimously. 5. Discuss, consider and take action to accept Certification of Unopposed Candidates as presented by the City Secretary, and to cancel the City of Seymour City Officers election(s), both General and Special, scheduled for May 13, 2006, due to no opposed candidates, by authorizing Order of Cancellation. Mayor explains that this is a two part motion, first the Council members would accept the certified statement from the City Secretary that there are no opposed races, then the Council will approve and order the Cancellation of the Election with the Order of Cancellation. Motion: Motion by MPT Butler, 2nd by Councilman Snyder, to accept as presented the Certificate of No Opposed Races, as presented by City Secretary Elaine Simpson, and further to cancel the City of Seymour City Officers election(s), both General and Special, scheduled for May 13, 2006, due to no opposed candidates, by authorizing Order of Cancellation. Vote on the motion: passed unanimously. 6. Discuss, Consider and take action to approve Resolution in support of the designation of Business Routes BU 277, BU 183 and BU 283 and US 277 Relief Routes within the City of Seymour and affirming support to expedite the construction of the US 277, US 183, US 283 Relief Route. Mayor explained that this was a Resolution that merely made it official that when the new Hwy 277 realignment project is finished to the east of town, that the State Highways that are now inside the City limits will change to being business routes, to eliminate duplicity. Motion: Motion by Councilman Coltharp, 2nd by Councilwoman Fest, to approve and adopt Resolution in support of the designation of Business Routes BU 277, BU 183 and BU 283 and US 277 Relief Routes within the City of Seymour and affirming support to expedite the construction of the US 277, US 183, US 283 Relief Route. Vote on the motion: passed unanimously. THIS IS RESOLUTION # 1267. 7. City Administrators report, report of suggestions/concerns received this month in the Suggestion box, and the well-level report. CA Shephard explained that there were no suggestions in the box this month. City Administrator Shephard explains that the two local telephone service providers have submitted proposals for the City of Seymour municipal locations for local/long distance and TV. Council members did not have this item on their agenda, as it was suggested that this was a decision best left to the Administrator. Mayor Craighead thanked both local phone companies and expressed the appreciation of the City for their work and their respective involvement in the community – both are good corporate citizens. CA Shephard indicated that the well-level reports were at the Council places. CA Shephard explained that there are personnel policies in place for any citizen, who, like the Sheriff, has concerns about City personnel. There is an organizational chart and he is willing to hear from any citizen regarding concerns. 8. City Council members’ reports and setting of future agenda items. Councilwoman Rose Tankersley noted that the hours for the Municipal Transfer Station have changed to ‘Summer Hours’ and she requested that City Staff place this information in the Baylor County BANNER. MPT Butler explained that he would like the Emergency Management group, as led by Chief of Police Tommy Duncan, to make sure that we are going into storm season with adequate coordination and training with all other law enforcement, the weather service and health care providers. It is important that we all work together on the same game plan during severe weather. CA Shephard explained that the County Emergency response plan would be reviewed. EXECUTIVE SESSION: PUBLIC MEETING CLOSES at 7:45 p.m. Executive Session starts at 7:50 p.m. when room was cleared. Executive Session: (closed to the public) pursuant to Chapter 551 of the Texas Local Government Code under: § 551.087 : Deliberation Regarding Economic Development Negotiations; Closed Meeting 9. Receive information from City Administrator, Discuss or deliberate regarding commercial or financial information that the City Council has received from business(es) that the City Council seeks to have locate, stay, or expand in the City of Seymour and with which the City Council is conducting economic development negotiations, being Cactus Juice/Safe Solutions. Exec. Session ends. At 9:07. p.m. EXECUTIVE SESSION : PUBLIC MEETING REOPENS AT 9:08 p.m. Because of the long duration of the Executive Session, the radio broadcast was not re-established. 10. Take Action resulting from deliberations during Executive Session. Mayor explained that the Council had received information regarding Safe Solutions/Cactus Juice/Mill Creek’s (commonly known as Cactus Juice) struggling economic condition. An opportunity has presented itself, to allow the sale of the debt, owed by Cactus Juice to the City of Seymour, in order to re-invigorate and keep this company in the City of Seymour. A proposal has been made by Dr. Paul Parkey to ‘purchase’ the outstanding notes from the City on behalf of Cactus Juice for $50,000 up front, and a 2 year lease of the current building (owned by the City of Seymour) for $1,500 per month rent, and at the end of the two years, $50,000 more, and by those things ‘purchase the debt’, but also be able, at the end of two years, to walk away and not owe the City of Seymour anything if he so chooses to abandon the company. If the purchase of the debt is finalized by the paying of the $100,000 and the two years worth of rent at $1,500.00 per month, Dr. Parkey will be eligible to claim ownership of Cactus Juice, excepting the building (which belongs to the City). There are some legal questions which remain regarding liability of the City of Seymour to the stockholders and citizens, etc. There are also some issues that Dr. Parkey must address directly with Cactus Juice as separate legal/business agreements. These issues must be addressed and all legal questions answered to the satisfaction of Council. Motion: Motion by Councilman D. Snyder, 2nd by D. Coltharp, to – contingent upon legal advice approving such transaction from the City Attorney – accept and approve and enter into agreement with Dr. Paul Parkey for the purchase of the outstanding debt owed to the City by Safe Solutions/Cactus Juice/Mill Creek, in the following manner: Dr. Paul Parkey will pay to the City of Seymour $50,000 and then proceed to occupy the current location on N. Cactus Trail in Seymour and run the Cactus Juice company, for two years, during which time a monthly rent to the City of Seymour from Dr. Parkey will be paid in the amount of $1,500.00, and at the end of two years, an additional $50,000 will be paid to satisfy the agreement and cancel the debt and Dr. Parkey will then own the assets of Cactus Juice (except the building which remains the City’s property) or at this point, Dr. Parkey can walk away at the end of the two years and owe nothing further. Vote on the Motion: passed unanimously with understanding that legal advice must be received from our City Attorney to approve such transaction, before any memo of understanding can be drafted. ADJOURNMENT Motion: Motion to adjourn at 9:13 p.m. by MPT Butler, 2nd and passed unanimously. Approved this 20rd day of April, 2006 . signature_________________________ Mayor Dan Craighead ___________________________________ Attest: Elaine Simpson, TRMC, CMC City Secretary Previous Page Return to Index - Seymour City Secretary Office






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