Official Minutes

April 7, 2010

The Norton City Council met in regular session Wednesday, April 7, 2010, at 5:30 p.m., with Mayor David Corns presiding.  Council members present were Jeff Otter, Donna Foley, Toby Kuhn, Kim Snyder and Joe Leroux.  Roberta Ryan was absent.  Others present were Chris Miller, Tom Downey, Diane Stiles, Tom Breit, Erica Bradley, Deena Wente, Debbie Lawson, Chris Frack, Pat Morel, Karen Griffiths, Rob Lawson and Darla Ellis. 

Motion was made by Kim Snyder and seconded by Joe Leroux to approve the March 17, 2010, council minutes.  Vote taken.  Motion carried.

No building permits were presented.

Chris Miller of Miller & Associates and Tom Downey of Downey Drilling were present to discuss the water wellfield project.  Chris stated the original contract had a substantial completion date of November 15, and the City Council granted an extension to December 31.  He said the project is not yet complete, and as of today is 97 days over contract.  Downey Drilling had requested an additional extension of 60 days, but the City Council denied it.  Downey Drilling has submitted a payment request, which is being held for liquidated damages.  The wells were online and up and running by the first week of February.  Chris Miller stated it will take about 1½ days to finish it, but it is too wet. 

Tom Downey stated they had frozen dirt beginning November 1 and he has a record of the daily temperature in Norton since November 1.  December was a nasty month, with the average temperature at 21 degrees, and some days were below zero.  After December 31, with the exception of 3 very cold days, they worked every day until they got it online.  He stated the ground has been frozen and the engineer would not let them pour concrete on frozen ground to finish the project.   He stated they came back two weeks ago, and it is still too wet; they want to make sure the project is done right.  He stated the notice to proceed was issued on September 21, but they couldn’t start until October 1 because of the water tower project.  Tom said in the scope of work, 8 to 12 hours of development was estimated for each well.  He stated they spent about five times that long developing each well, because weathered shale is in the gravel which creates silt.  He also said that in the original scope of work, they were supposed to do Well #24 first; that well only pumped 120 gallons per minute, and so a cap was welded over the top and it was decided not to finish it.  He stated the main reason the project was not completed in time was due to the weather.

Rob Lawson stated the City will need some training on the equipment which was installed.  Tom stated he will coordinate the necessary training.    Chris Miller stated the Engineer’s overage costs since the project was not finished by December 31, 2009, estimated at around $7,300, should be considered.  Toby Kuhn stated he would like to discuss the liquidated damages at the Finance Committee meeting on April 19. 

Diane Stiles stated she drafted an inmate crew agreement.  She presented it to the County Commissioners and they are supportive of the idea, but they suggested a few changes.  The county agrees to pay $20,000 annually for the service but would want a minimum of 100 working days per year.  They will provide a shop building in a portion of the former ambulance barn, but would like the city to provide the utilities for the building.  Administration for the inmate crew would take place through the City.  Karen Griffiths will prepare an agreement with the County.  Motion was made by Toby Kuhn and seconded by Kim Snyder to have staff look at the current 2010 city budget and present budgeting options for a possible start date for the inmate work crew of June or July of 2010.  Vote taken.  Motion carried.

Diane Stiles asked if the City is going to pursue a fire truck grant application or community development block grant application.  The city does qualify for the low to moderate income requirement.  Diane stated she will do part of the statistical information needed.  Motion was made by Toby Kuhn and seconded by Kim Snyder to proceed with grant applications for curb and gutter work and a new fire truck.  Vote taken.  Motion carried.

Diane explained the legislative changes that have been made to the Abandoned Housing Act.  She also discussed the street scene banners that are hung along State Street.  She reported Economic Development has advertised for the upcoming board member positions which expire in May.

Motion was made by Jeff Otter and seconded by Kim Snyder to waive the formal third reading of Ordinance #1599.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Kim Snyder to adopt Ordinance #1599, authorizing and providing for the codification of the general ordinances of the City and the publication of such codification in loose-leaf book form.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Toby Kuhn to waive the formal third reading of Ordinance #1600.  Vote taken.  Motion carried.

Motion was made by Jeff Otter and seconded by Kim Snyder to adopt Ordinance #1600, adopting the codification of ordinances of the City of Norton.  Vote taken.  Motion carried.

Mayor Corns stated the city will be receiving a request to block the street for the Norton Car Show on July 9 and 10 and will be requesting the same other services that they have received in prior years. 

Mayor Corns stated Kyle Jones resigned his position on the Norton Housing Authority Board.  Motion was made by Kim Snyder and seconded by Joe Leroux to advertise for the vacancy on the Norton Housing Authority Board.  Vote taken.  Motion carried.

Motion was made by Joe Leroux and seconded by Jeff Otter to waive the formal first reading of Charter Ordinance #13, repealing Charter Ordinance #9 and levying an annual tax for the purposes of maintaining the Norton Public Library at a rate not to exceed seven mills.  Vote taken.  Motion carried.

Karen Griffiths stated she needs to meet with Finance regarding Tommy Finklea from the Texas Truck Store in Longview Texas regarding settlement on the sludge truck. 

City Administrator Rob Lawson reported Denny Nickel turned down the job offer for the Maintenance I position, so Jon Stanton was hired for the position and started work on Monday.  He stated the new trash truck should be done in 3 to 4 weeks.  The power plant cooling system design estimates from engineers have been requested and should be received in 3-4 weeks.  The Elmwood Park restroom is plumbed and finished; the city crew is pouring concrete for the sidewalks and it will be ready for use.

Dale Henry has submitted notice that he is retiring and his last day of work will be April 21st, 2010.  Dale has worked for the city for 30 years.  Motion was made by Joe Leroux and seconded by Jeff Otter to authorize staff to advertise for a Maintenance I position in the Parks and Cemetery department, due to the retirement of Dale Henry.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Kim Snyder to allow an additional cost of $45.12 for a total cost of $271.12 for the library security system, because it cost more than the council approved at the last meeting.  Vote taken.  Motion carried.

Motion was made by Donna Foley and seconded by Joe Leroux to renew membership in the Highway #36 association in the amount of $100 to be paid from line item 01.10.283.  Vote taken.  Motion carried.

Rob Lawson reported on the status of the 5 year plan.  The City needs to do some preliminary planning before they come out to meet with us.  Their only request is that they have an outline of the issues the council wants to discuss.  Toby Kuhn stated it would be helpful to have a list of the department head’s five year plans which were prepared last year.

Rob Lawson stated the Assistant Utility Plant Supervisor hit a deer in the City’s pick-up last week coming home from training.  It has been turned in to insurance and there is a $500 deductible.  Rob Lawson stated the 2011 budget requests have been received; the committees need to meet and discuss them.

Rob Lawson stated he received sealed bids from Garrett Plumbing and Norton Sheet Metal for the HVAC replacement at the Recreation Center, which was budgeted under line item 01.22.359.  The Recreation Commission may be eligible for a Facility Conservation Improvement grant which would include windows, doors and the HVAC system.  Motion was made by Toby Kuhn and seconded by Kim Snyder to table action on these bids until the April 21, 2010 city council meeting.  Vote taken.  Motion carried.

Jeff Otter reported the Public Safety Committee met to discuss language regarding abandoned motor vehicles and nuisance abatement procedures.  Instead of amending the current ordinance, staff will try to develop a better way to enforce the current regulations. 

Donna Foley stated the Utility Committee met to discuss city sewer billing methods and also discussed sewer service line issues. 

Toby Kuhn stated the Finance Committee met with the Atwood Mayor to discuss Atwood’s use of inmate work crews.  He stated the Committee appreciates her taking the time to come to Norton and discuss it. 

City Clerk Darla Ellis reported a cereal malt beverage application was received for the Hidden Dragon Chinese Restaurant.  According to the application, the applicant is not a citizen of the United States, and therefore, is not qualified for the license.  He was notified of this and his cereal malt beverage fee was refunded to him.

Mayor Corns declared a short recess at 7:21 p.m.  Council resumed in regular session at 7:28 p.m. 

Motion was made by Donna Foley and seconded by Kim Snyder to move into Executive Session at 7:28 p.m., for a period of time not to exceed 20 minutes with the Mayor, City Council, City Attorney, City Administrator and City Clerk present for discussion of non-elected personnel. Vote taken. Motion carried.

Council resumed in regular session at 7:48 p.m.  No motions were made as a result of Executive Session.

Mayor Corns reported the city sales tax receipts collected in March of 2010 totaled $21,411.92, and the county sales tax receipts totaled $14,382.02, for a total of $35,793.94.  The 2010 year to date sales tax receipts total $104,331.19.

Motion was made by Toby Kuhn and seconded by Jeff Otter to approve Appropriating Ordinance #7 as a whole.  Vote taken.  Motion carried.

Motion was made by Toby Kuhn and seconded by Joe Leroux to adjourn.  Council adjourned at 7:53 p.m.