COUNCIL MEETING MINUTES
March 12th, 2018
The City Council of the City of Nixon met in Regular Meeting on the 12th, day of March 2018 at 5:00 p.m. at the Nixon City Hall Boardroom, Nixon, Texas 78140.
Members present were: Madam Mayor Finch,Patricia Dingler,Justin La Fleur,Mary Ann Fatheree, Joseph Bjorgaard and Doug Koenig. Also present were Harold Rice, Gina Trotter,Jeremy Bustos, Chief Toliver, Jason Torres,Mark Soto, Michael Bruck, John Snodgrass, Jimmy Bustos, Mag Ballejo, Nancy Everett, Ellie Dominguez, Hector Dominguez, Hal Henry, Don Finch, Ken and Joanna Fox, Judith Torr, Ana Jackson, Jose Torres, Darla Cherry, Terrye Branson, Lorrie Grogg, Sean Collins, Frank Contreas, Cindy and Emil Fahrig, Juliana Nelson-Hennig, Alisha Tobias, Michael and Patsy Scherrer, Laura and James Gunn, Steve and Karen McGaha, Jessica Smith, Mark and Melissa Pompa, Estela Vigil, Ginger Pena, Richard Parks, and Eddie Escobar.
Roll call was declared present and the meeting was called to order by the Madam MayorFinch.
A prayer was given by Joseph Bjorgaard.
The pledges were recited.
Fire Chief Report was presented byJoseph Bjorgaard.Discussion was then made with Captain Jason Torres from the NVFD, Madam Mayor and council on applying for grants for a brush truck for the NFVD. Captain Torres explained there is always a need for the most updated equipment. Captain Torres also explained that he is working with FEMA and Texas Work Force Services to see what type of grants are out there.
Motion was madeby Joseph Bjorgaard and seconded byMary Ann Fatheree to approve the minutes from the February 12th, 2018regularmeeting as corrected. Motion carried 5-0.
Motion was made by Patricia Dingler and seconded byJoseph Bjorgaard to approve the financial statements and unpaid bills. Motion carried 5-0.
Discussion and Presentation was given by JohnSnodgrass and MikeBruck from Maguire Iron on Water Tower and Tank Asset Management Program. Mike Bruck will return at the next meeting with more information for council.
Motion was made by Joseph Bjorgaard and seconded byJustin La Fleurto approve a resolution authorizing the submission of a grant application to Hazard Mitigation Grant, appointing the City Manager and or Mayor as the authorized official to act on behalf of the City in all matters regarding the FEMA Mitigation Project, and committing 25% of the project funds as local match. Motion carried 5-0.
Motion was made by Joseph Bjorgaard and seconded byJustin La Fleur to take thirty-thousand dollars from the SAWS certificate and use the funds towards the acceptance of BEFCO’s proposal for the Environmental Report and Preliminary Engineering Report for a grant for water filters and new water meters. Motion carried 5-0.
Motion was made by Justin La Fleurand seconded byPatricia Dingler to approve Ordinance No. O-2018-03-12 preventing Truck Idling and Air Pollution in the City of Nixon. Motion carried 4-0. Joseph Bjorgaard abstained from voting.
Motion was made by Patricia Dingler and seconded by Mary Ann Fatheree to approve a 5 year contract with Zip-Link and receiving $500.00 a month, allowing Zip-Link to install networking equipment on the water tower.Motion carried 5-0. Motion was made by Joseph Bjorgaard and seconded byJustin La Fleur to also include in contract free internet on all city buildings and for the internet to not be throttle down based on usage. Motion carried 5-0.
Discussion was made by City Manager and council on joining with the Nixon Chamber to work together for Easter at the Park. City Manager Harold Rice informed council that the Nixon Police Department will be attending Easter at the Park and will bringing over 300 plastic eggs filled with candy, and also finger lights for the kids.
Police Chief Report was given by Chief Toliver
City Administrator Report was given by Interim City Manager Harold Rice
Citizens Participation-
Hector Dominguez spoke on the purpose of citizen participation.
Terrye Branson spoke about her organization Hooves and Hounds and what she is about.
Ginger Pena and Jessica Smith spoke about the City Park and improvements needed at the park for the Easter celebration.
Michael Scherrer spoke to council about Jan. 8th PFP talked with City about location of building, a possible fundraiser, a move to be paid by the City, declined by PFP and asked to be left alone and then on March 6th PFP was never called to be informed.
Patsy Scherrer spoke about PFP.
Mark Pompa spoke to council, he is not against PFP.He wants everyone to work together to make improvements on all city parks.He said it would not just be the fields for little league but getting a grant would be for the improvement of the communityand there would be more for the kids of Nixon to have stuff to do and learn.
Juliana Nelson-Hennig spoke to council on the current stats between PFP and the City of Nixon.
Lorrie Grogg spoke to council, she said Nixon is a caring community and needs to be more than a Facebook post and if people want to really know what’s going to request an open records request.
Darla Cherry spoke about her organization and what they do with horse rescue and dog rescue.
Judith Tor spoke to council on the new location for the shelter and the organization.She hashelped PFP with a thirty thousand donation and hopes to move forward.
Alisha Tobias spoke to council. She wanted everyone to know how hard her parents work for their shelter, PFP,and all the dogs PFP has saved the City money for not having to euthanize dogs.
Estela Vigil spoke to council on the improvements of city parks.
Ana Jackson read a letter to council from PFP attorney.
Discussion was made with Harold Rice and council on updated City polices for the Nixon Animal Shelter. Alderman Bjorgaard stated he wanted everyone to know that the grant for the park would not just be for little league fields but the blueprints include a walking trail, basketball courts and other activities for everyone to enjoy. Alderman La Fleur also stated he wanted to let everyone know that the City was going to move Passion for Paws as a whole at no cost to Passion for Paws with natural shade for the dogs. He also stated he just wanted to clarify for everyone that the City was willing to do this and Alderman La Fleur wants to make it clear to everyone that the City is against killing dogs. Passion for Paws did not take the City’s offer. Discussion then continued with Michael and Patsy Scherrer from Passion for Paws. The Scherrer’ssaid they were misinformed about the location and thought the location was in the back by the dumpsters. Alderman Bjorgaard said he met with the City Manager and Michael and informed PFP on what the city can and cannot do with the vote from council and that was to move what PFP has now to the new location.Madam Mayor Finch recalled when she was present with Mr. Zepeda and Mr. Zepeda took Passion for Paws to the new location and everyone had agreed to this location.Then she is not sure what happened but the City received a request with ten different items from PFP. She then said council decided that this would be too much for the City to handle so the City then went out for bids with the items Passion for Paws was requesting. Then the city received a letter to leave Passion for Paws alone. Discussion continued back and forth with Passion for Paws and council, Passion for Paws said they would need to meet with their directorsand attorney to decide lease terms and othernegotiations, but cannot make a decision tonight.
Council came out of regular session at 9:02pm and went into Executive Session at 9:13pmin accordance with the Texas Government Code when necessary and legally justified. Any item on this agenda may be discussed in executive session if authorized by Texas Law regardless of whether it is listed under “Executive Session” of this agenda, and regardless of any past or current practice of the City Council. Executive Sessions herein are closed meetings, and may include the consideration of any item otherwise listed on the agenda plus any subject matter specified in the executive session notice, and may include items under the Texas Government Code as follows: Section 551.071 (Consultation with Attorney regarding contemplated or pending litigation, a settlement officer or administrative hearing); Section 551.072 (Deliberations regarding Real Property); Section 551.073 (Deliberations about Gifts & Donations); Section 551.074 (Personnel Matters); Section 551.076 (Deliberation about Security Devices); Section 551.086 (Deliberations regarding Municipally Owned Utility); and Section 551.087 (Deliberations regarding Economic Development Negotiation).”
Council ended its Executive Session at 10:41 pm as perSection 551.071 (Consultation with Attorney regarding contemplated or pending litigation, a settlement officer or administrative hearing); Section 551.072 (Deliberations regarding Real Property); Section 551.073 (Deliberations about Gifts & Donations); Section 551.074 (Personnel Matters); Section 551.076 (Deliberation about Security Devices); Section 551.086 (Deliberations regarding Municipally Owned Utility); and Section 551.087 (Deliberations regarding Economic Development Negotiation)and entered into regular session at 10:43 pm
Motion was made by Joseph Bjorgaard and seconded byJustin La Fleur for the City Attorney and City Manager to meet with Passion for Paws and their attorney to discuss ongoing negotiations, and report back to council at the next meeting on April 9th. Motion carried 4-0.
Motion was made by Joseph Bjorgaard and seconded byJustin La Fleurto adjourn the meeting. Motion carried 4-0.
Madam Mayor Finch
Doug Koenig
Patricia Dingler
Justin La Fleur
Joseph Bjorgaard
Mary Ann Fatheree
Attest
Gina Trotter
City Secretary
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