AGENDA CITY OF KEMPNER, TEXAS January 26, 2021 7:00 PM 12288 E. Hwy 190 Kempner, Texas 76539  NOTICE OF REGULAR CITY COUNCIL MEETING  NOTICE IS HEREBY GIVEN that the City Council of the City ofI Kempner, Texas will hold its regular meeting at the above-named date, time and location for the consideration and action on  all the items listed below:  1. 2. 3. 4. 5.  CALL TO ORDER, CALL OF ROLL/IDENTIFICATION OF A QUORUM  Invocation  Pledge of Allegiance/Pledge to the Texas Flag  NON-ACTION J ITEMS  Citizens Comments - Must sign in and note whether Agenda or Non-Agenda items  Reports Mayor  ACTION ITEMS  6. 7. 8. 9.  Consider approval oft the minutes from the Council meeting held on January 12, 2021. Consider approval of City Ordinance 2021-01-26 Prohibiting the Discharge of] Firearms; Consider approval of the selected candidate for the City Manager position.  Prohibiting the Discharge of Air Guns and Similar Devices.  Convene into Executive Session pursuant to Section 551.074, Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or 10. Reconvene from Executive Session with possible deliberation and actions on item  dismissal OfTCOLE certified Peace Officer. discussed in the Executive Session. 11. Comments / Mayor final Comments.  12. Date oft the next regular meeting will be February 9, 2021.  13. Adjournment    Dr. Keith L. Harvey, Mayor  I, Keith Harvey, Mayor of the City of Kempner do hereby certify that the above notice of the REGULAR Meeting of the City of Kempner City Council was posted at City Hall, 12288 East Highway 190, Kempner, Texas on the 22nd day of January 2021 before 3:30 p.m. The City council may convene into executive session on any matter related to any of the above agenda items for a purpose, such closed session is allowed under Chapter 551, Texas This building is wheelchair accessible. Any requests for Interpretive Services must be made 48 * The Citizen Comments: This portion of the agenda is reserved to provide citizens an opportunity to address the City Council on issues affecting the City. Citizens must sign in with City Secretary prior to meeting. Each citizen's comments are limited to a total of three (3) minutes; a total of 30 minutes has been allotted. You may speak on Agenda and Non-Agenda Items. Non-Agenda Items portion of the agenda is the citizen's opportunity to be heard at the City Council meeting and will be reserved for comments concerning city related issues not  Government Code.  hours in advance oft the scheduled meeting.  otherwise appearing on the meeting agenda.    ORDINANCENO.  2021-01-26  AN ORDINANCE OF THE CITY OF KEMPNER PROHIBITING THE DISCHARGE OF FIREARMS; PROHIBITING THE DISCHARGE OF AIR GUNS AND SIMILAR DEVICES; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; AND PROVIDING FOR RELATED! MATTERS. Whereas, the discharge of firearms, air guns and similar devices within the city limits, except within designated orj permitted areas, is at threat to thej public health, safety and property; and Whereas, the City Council finds the prohibition against the discharge of firearms, air guns and similar devices within the city limits, except within designated or permitted areas, is necessary  toj protect the public health, safety and welfare; OF KEMPNER, TEXAS, THAT:  NOW, THEREFORE, BEI IT ORDAINED BY THE CITY COUNCIL OF THE CITY Section 1. Discharge of Firearms. It shall be unlawful for any person to fire off or discharge any gun, pistol, shotguin, rifle or other firearm of any description within the city limits of  the City.  Section 2. Discharge into the City. It shall be unlawful for any person to shoot or discharge any gun, pistol, shotgun, rifle or other firearm ofany description into, over or through the  city limits.  Section 3. Firing Ranges or Sport Shooting Ranges. Sections 1 and 2 shall not apply to: (a) the discharge ofa firearm at a gunsmith's establishment or a sport shooting range lawfully operating pursuant to a permit issued in accordance with state law, when the firearm is discharged at an approved firing line in the direction of the targets and such discharge is otherwise in accordance with all terms and conditions imposed as a condition of the issuance of any permit. No projectile discharged from any firearm shall leave the  building or premises ofai firing range or sport shooting range; or  (b) to the discharge of a firearm by any person exercising any right expressly or impliedly granted by the laws oft this state o1 the laws of the United States the exercise of Section 4. Air Guns. It shall be unlawful for any person within the city to shoot or Section 5, Pneumatic Tools Excepted. Nothing contained herein shall be deemed to Section 6. Certain Tracts of Land. The prohibition against discharging of firearms  which expressly or impliedly includes the discharging ofai firearm.  discharge an air gun, air rifle, B.B. gun, pellet gun, or similar instrument. prohibit the use of pneumatic nail guns or similar construction tools. within the City limits shall not apply ift the firearm or other weapon is:    (1) a shotgun, air: rifle or pistol, BB gun, or bow and arrow discharged:  (a) on at tract of land of 10 acres or: more and moret than 150: feet from a residence or (b) in a manner not reasonably expected to cause aj projectile to CIOSS the boundary  occupied building located on another property; and  oft the tract; or  a center fire or rim fire rifle or pistol of any caliber discharged: occupied building located on another property; and  (a) on a tract of land of 50 acres or more and: more than 300 feet from ai residence or (b) in ai manner not: reasonably expected to cause a projectile to cross the boundary  oft the tract.  Section 7. Penalties. Any person convicted of violating any provision of this Ordinance shall be guilty of a misdemeanor and shall be subject to a fine in an amount not to exceed Five Hundred dollars ($500.00) and each day ofs such violation shall be a separate violation.  Section 8. Conflicting Ordinances. All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby amended and repealed to the extent of such  inconsistency or conflict.  Section 9. Severability. If any provision of this Ordinance or the application of any provision to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications hereof which can be given effect without the invalid provision or application, and toi this end the provisions oft this Ordinance are declared to be severable.  Section 10. Open Meetings. That it is hereby officially found and determined that the meeting at which this Ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act,  Chapt. 551,1 Loc. Gov't. Code.  Section 11. Effective Date. This Ordinance shall take effect immediately upon its adoption  by the City Council and publication as: required by the Local Government Code.  PASSED AND APPROVED this  day of  2021.  City ofl Kempner, Texas Dr, Keith L. Harvey, Mayor  Attest:  Hayleigh Robello, City Secretary    STATE OF TEXAS COUNTY OF LAMPASAS CITY OF KEMPNER  BE IT REMEMBERED that on January 12, 2021, the City Council met in City Hall with the following members present: Council Members Norm Parker, Jared Jones, John Wilkerson, Mack The meeting was called to order at 6:00 P.M. and the following business was conducted:  Ruszkiewicz, Melba Vandeveer. 1.1 Roll Call- Everyone was present. 2. Norm Parker Led the Invocation 3. Pledge of Allegiance/Pledge to the Texas Flag  Non-Action Items  4. Citizens Comments. 5. Reports  Police Department Mayor's Report Workshop  ACTION ITEMS  6. Consider approval of the minutes for the Council Meeting held on December 8, 2020. Mrs. Vandeveer moves to make a motion to approve the minutes ofl December gth. Mr. Ruszkiewicz states that he said last meeting that he was going to talk to a gentleman regarding the city manager information but since there was applicants he did not seea a Four in favor (Parker, Jones, Ruszkiewicz, Vandeveer), one obstained (Wilkerson).  Mr. Jones seconds the motion.  reason to. Motion carries.  7. Consider approval of accounts payable dated January 4, 2021.  Mr. Wilkerson moves to make a motion to approve the accounts payable. Mr. Wilkerson asks why some of the bills were from May and March of last year?  Mr. Jones seconds the motion.    Mayor states that we pay them as we receive them. Some things may take a couple  months to close then we get the billing fori it then wej pay it.  All in: favor, Motion carries.  8.Consider approval oft the City Ordinance 2021-01-12 for the City Manager.  Mr. Ruszkiewicz states overall I do not have a problem with the amount or the expenses in item (G) on page 6 but it does conflict with the purchasing policy. So do we change the purchasing policy to match the ordinance or the ordinance to match the purchasing policy Mr. Jones states that looking at the accounts payable I do not see anything over $1,000 SO Mr. Wilkerson states that he agrees with Mr. Jones about the $1,000 and about the conflicts with he purchasing policy see page three oft the ordinance. Mayor states the purchasing policy is for when expenses come into the city. But something such as bills we. have toj pay. We receive a bill we are going toj pay that bill. So Mr. Ruszkiewicz states that he believes the amount of $1,000 ist tol low to operate on. Mr. Jones states that why don't wei make it in the middle at $2,500. Mayor states alright since everyone agrees, we will change the amount on page 6(G) Mr. Ruszkiewicz states since we are on that paragraph go ahead and look at the last Mayor states that we do operate from the budget and that this ordinance is just a shell. We dol have the approved budget with line items that we operate from sO that last sentence could even be struck from the ordinance if you choose because we operate off of Mayor states alright the corrections that need to be made are a full time salary of $45,000 locked in for 8 months to revisit then, 90 day probation period, contract until September, duties are over the admin and police department heads, change page 6(G) from $1,0001 to $2,500, and strike the last sentence as well from that paragraph. Also, to bring in Mr. Williams and Mr. Rodriguez to speak next meeting. Is there ai motion? Mr. Wilkerson moves to make a motion to approve the Ordinance 2021-01-12 with the  which states $5,000 not $1,000.  I'm okay with keeping the ordinance at $1,000.  everyone reread their purchasing policy.  from $1,000 to $2,500.  sentence as well because that seems low as well.  the budget.  Mr. Wilkerson states to strike it from the ordinance.  necessary corrections. Mr. Jones seconds the motion. All in favor, Motion carries. 9. Comments/ Mayor's Final Comments.  Mr. Parker asks what is the news with Peacemakers?    Mayor states I'm glad you brought that up we. are still moving forward with it wel have changed from category 2 to category 4. With that being said the council voted and approved to implement a full 100% reimbursement when it changed categories with TDEM, not peacemakers. They were only going to give us a: 25% reimbursement and I said that is not what we voted on and that is not what we approved sO: no that is not happening sO we were able to do two things we were in fact able to get our 100% refund and we are still on track to: receive our MDT's which are being built as we speak and our check is ini the mail and should be here this week as I was told. So thank you for bringing  that up.  10. The date oft the next regularly scheduled meeting will be January 26, 2021. 11.Adjourment. Mr. Wilkerson makes a motion to adjourn. Jones Seconds. All in favor,  Meeting Adjourned.  ATTEST:  APPROVED:  Hayleigh Robello -City Secretary  Dr. Keith L. Harvey- Mayor    STATE OF TEXAS COUNTY OF LAMPASAS CITY OF KEMPNER  BEI ITI REMEMBERED that on January 26, 2021, the City Council met in City hall with the following members present: Council Members Norm Parker, Jared Jones, Mack Ruszkiewicz, The meeting was called to order at 7:15P.M. and the following business was conducted: 1. Roll Call- Place three John Wilkerson was: not present due to medical reasons.  and Melba Vandeveer.  2. Council Member Mr. Parker Led the Invocation 3. Pledge of Allegiance/Pledge to the Texas Flag  Non-Action Items  4. Citizens Comments-  Mayor and Council, My comments are regarding tonight's action item #7 referring to proposing an ordinance 2021-1-26 on discharging of guns within city limits.FirstIf feel this should be the citizens decision and not the council alone. When was this even considered? IfI hadn't read the agenda for tonight I wouldn't have even known and wouldn't have had this opportunity to dispute it.And Air Guns? Is someone joking. Doesnt that include BB guns and pellet guns?I can see ordinances needed for cities like Copperas Cove, Killeen and such. BUT we are mostly spread out and a large majority of the citizens live on acres of! land, not 50x50ft lots. Many have firing blinds set up: for target practicing and to date Id dont think any major issues have ever come up because of citizens firing on their properties. Are we really going to become a democratic state once city at a time? First we can shoot them, then they take them. Everyone has their own reasons for using a gun on their own property. Bei it for personal protection, Protection ofive stock, orj just to become proficient in using it. For the same reason we cant change the type of city we are (city size ), Ic don't feel an ordinance is necessary at this time. Maybe one day when we have more growth. Idon't currently see the need to  take: more of our rights away from us. Thank you: for your time and consideration. A concerned city resident Gisela Nena    Good Evening,  Ini regards to Ordinance No. 2021-01-26, how does the city intend to enforce this? Most shots fired in my neighborhood occur at night, and case in point, on January 19,2021, shots were fired at approximately 7:55 P.M. An individual then tried to gain access onto my property from behind and was arrested by the Lampasas County Sheriff's Office. The property he came from is not in the city limits. Therefore, there was no way to discern exactly which property the shots were being fired from, or if they were even being fired within the city limits. Aslmentioned, Lampasas County received the call, as there was no Kempner Police officer on duty. Is officer E. Rodrigues going to be called in every time toi investigate? How does the city intend to enforce the restrictions on air rifles, and bow and arrow?IfIs shoot a compound bow in my backyard, it is not possible to be viewed by anyone not present, nor ist there any "threat to the public health, safety, and property."Itis very difficult to discern where gun fire is exactly, especially at night, and with the limited city resources, I do not see this becoming an enforceable ordinance. Ifmy memory serves me correct, I believe Mr. Rusckiewicz complained about the legal cost concerning writing ordinances, and since the governing body has failed to hire a City Manager in time, as required by law, I believe the City ofKempner should be more concerned in the areas that the voters expressed their intent. Let the council not forget that they work for the citizens, we do not work for them. The city should always prioritize work based on the demands of the citizens, and the current council has failed in this matter. How long before citizens petition to de-annex, and there is no incorporation for Kempner? What will Mrs. Vandaveer do then? She will have to find some other reason to put on make-up and leave the house. Get your act together and fulfill the work that you were ordered to do by the citizens before starting some frivolous ordinance that has not possibility of being enforced. What is next, an ordinance prohibiting driving since it poses ai risk to the public health? There has been two vehicles crash through city hall, and another one that nearly did, just in the past eighteen months. Isay, ifyou don't like my comment, "Just Eat it!" Right  Keith? Best Regards, Steven Vance Rodgers Pot Stirrer Extraordinaire  Dear Mayor Harvey and City Council members Hope yall are doing well, My name is Daniel Grahn and I am a citizen of this fine city.I would like to voice my concern for city ordinance 2021-01-26. First ofa all, Ib believe this ordinance is not in the best interest oft the people oft this fine city. As you may know, many of our neighborhoods    and land plots throughout Kempner have private ranges for personal use. Based on my personal experience with my neighbors and people through town, I'm confident to say that most of our citizens are in fact gun owners. A good portion of these people currently have private gun ranges on their properties that they use for personal recreation with the utmost care and: respect for safety ini mind.I understand that your intentions are in the right place and that yall see this as a safety issue but according to information found on areavibes.com, bestplaces.net and homefacts.com Kempner is already a very safe community that rates 50% to 60% safer than Texas and America as a whole. Currently, graphs on those websites show that every category of crime is currently going down.It is my belief that the vast majority of the people in this town just do not want this to be put into place. Ib believe that many people will also refuse toi follow this rule and tie up our police officers sO they cant do their actual job. Ia also understand that this was most likely brought up by concerned citizens of our fine city and that you are following proper channels to make sure that they feel as iftheir voices are. heard. I respect that, but I also feel that these people are in the minority.lfthis ordinance is put in place I can all but guarantee that many of my neighbors, friends, family, and I will definitely never vote for  anyone that votes to approve it. Best Regards, D. Grahn  I'm Philip mort at 392 cr4711 kempner and I do not support the discussion or statute to ban the discharge ofa firearm inside city limits. Those that live in town already abide by an unspoken rule against discharging firearms of rifle velocity and excessive noise. Air rifles and low power ammo are a tool that citizens use to train and practice responsibly with. Air rifles are important for teaching children gun safety in a low stacks way. Making it less convenient for parents to teach and spend time with there children isn't the business of this body. Will this law also inhibit citizens from discharging firearms ina a self defense situation or cause individuals doing sO to be in violation of this statute? Forcing the citizenry to attend ranges indoor and outdoor infringes on personal property and disenfranchise those who can't afford to attend. Ifthis statute passes there should be will issue permits to discharge firearms on personal property at no cost. Clear guidelines for permits should be established. Permitting should be passed before law regarding discharge of firearms is established. Transparency and distribution ofinformation about the business of our community is essential and shouldn't be conducted behind closed  doors at anytime.  Dear City Council and Mayor Harvey;  Iam a resident and voter of] Kempner, Texas and wish to express my concerns about the    proposed city ordance #2021-01-26 prohibiting the discharge off firearms; Prohibiting the discharge ofa air guns and similar devices. Ia am al licensed and trained firearm owner and have livestock on my property. Ifthey should be attacked by free roaming predatorsi.e. wolves, foxes, coyotes, dogs inj packs; I should have the lawful right to protect them and  my human family ifthreatened by what ever firearm needed. Thank you for your consideration on this issue,  Jeffrey A. May  Please vote NO to City Ordinance 2021-01-26 Prohibiting the Discharge of Firearms.I didn't buy acreage in Kempner 18 years ago tol be treated like I1 live in Killeen. This Ordinance is as absurd as the skewed lines oft the city limits boundaries. I1 have taken great care and numerous days constructing a safe backstop tol keep proficient with my firearms. Nothing fired on my property leaves my property. How about we treat careless, unsafe individuals as such and keep Kempner what people moved there for.  Thank You, Brian Parker  Ioppose the Kempner City Ordinance 2021-01-26 Prohibiting the discharge of firearms. AfterIretired from the military in 20001 I wanted 'space', away from the restrictions of living in ai residential neighborhood. In 2002Ifinally found it in Kempner, 5.99 acres with no HOA's, can have animals, able to target practice and more. We moved dirt froma hill on one: side of our property to the other to make aj pad for the house slab. This left a 10'-12' high' 'wall that provides an area for safe target practice. II have enjoyed practicing with my personal carry weapon on: my property for over 15 years. Iv would like to maintain my shooting expertise on my property. Id do not want to go to a range where there are lots of people and Ihave toj pay to shoot. I am retired, on fixed income and then there is the COVID pandemic. For your consideration; Instead of prohibiting the discharge of firearms, possibly aj permit could be required for those that would like to keep their shooting skills sharp on their property. Kempner could provide a list ofs safety requirements and have the: resident sign to acknowledge the rules. Issue citations /fines  to those who do not abide by the rules.  Thank you.  Regards, Ms Heike Knispel    Esteemed Council Members,  Iam writing ini reference to the City Ordinance being discussed today (2021-01-26) which prohibits the Discharge ofl Firearms onj my land. I am a Veteran and a long time member oft this community. Myself and my family are responsible and licensed firearms owners and we: feel that this ordinance infringes on our very basic of rights. Ij personally have spent upwards of four thousand on building a safe burm that was approved by several sheriff's officers who came out to supervise it's build. My neighbors and Ia all use this burm responsibly and have abided by all city ordinances pertaining to its use. Ifthis ordinance were to pass this would render my range useless and would be a waste ofal lot of hard earned money as well as time. Ihumbly ask you to reconsider voting to pass this  ordinance as it will negatively affect everyone in my neighborhood.  Regards, Vincent P Diaz  5. Reports  Mayor- The city received several documents and they have been passed out to the council members one is the NDA infringement document and the other one is someone who cam tol help the city move forward. She was harassed by a council member. You have it, read it,Iwont go into it is real. The other thing is that he was contacting Mrs. Roberts via phone, email etc. to. have her go against the Mayor. Miss. Robello was contacted on her personal facebook via dm on what she does here at work. There were also accusations thatImonitor her email and I do not. SOifa any of you have any question Miss Robello is Both candidates Mr. Williams and Mr. Rodriguez spoke to the council regarding the City  here ifi notl I would like tol bring In our first candidate.  Manager position.  ACTION ITEMS  6. Consider approval of the minutes from the Council meeting held on January 12, 2021.  Mr. Ruszkiewicz moves to make a motion to approve the minutes.  Mr. Parker seconds the motion. All in favor, motion carries.  7. Consider the approval of City Ordinance 2021-01-26 Prohibiting the Discharge ofl Firearms;  Prohibiting the Discharge of Air Guns and Similar Devices.  Mayor states that he would like for Chief Rodriguez to come forward so if anyone has any questions he can answer them. With that being said we are: not taking your guns we are not    taking away your second amendment rights. You can protect your family and your ChiefRodriguez states IH have been asked by several citizens why we don't! have an ordinance and I don't know why it has never been done in the past. There are concerns from both sides oft the spectrum and it's up to us as the protectors of all people to: make this educated decision. You can't please everyone we. just have to do what is necessary. I will enforce whatever the city council wants me to enforce. A soldier that has PTSD here ini the city someone shot off a high-powered rifle right near his house and he had to get out ofhis house and started walking down the street trying to calm himself down. That is why I ask Mr. Parker states at first I saw the title and I started thinking oh no way they're not taking my guns, but then I started to actually read it and thought about my neighbors nearby that are constantly shooting guns at all times. There is ai neighbor down where Councilman Ruszkiewicz lives that shoots their guns all during the day and it's very annoying and freighting I would be in favor of the ordinance just because of those people. But how Chief States, it would be just like enforcing any other ordinance, and the way Idoitisl usually educate them first because some people don't know we. have ordinances SO that is why I say toi inform and educate them first. Then ifI have to go back a second time we may take further action by giving them a citation. It can be enforced. We just have to Mayor states we went off ofthe Texas Law this is where we get the ten acres and the mentions and information of what can and can't be done and citizens safety is our number Mr. Parker states based on what I'm hearing on what people have written about having a berm and have lived here for years and I suggest they get their berms permitted. Chief states that the county can do that with a certain amount of acreage you can have a certified berm and get a: range certification. It's the councils decision on how you want that to occur and you can hunt on your property as long as meets the criteria. You have to take into consideration the carless that shoot into the air that bullet has to come down My. Parker asks about the castle doctrine and wel have these cats that fight at our house and I have tried to take him far out oft town but he always finds his way back and I want to protect the cats we. have, does taking care oft that animal go under the castle doctrine?I Chiefstates there is a city ordinance with the Lampasas animal control to take care of Mr. Jones states II have thoughts on the ordinance itself and idiots will always be idiots no matter ift there is an ordinance or not people will shoot in the air regardless and the people hurt but these are the law-abiding citizens and the ones that have a good berm are  livestock we are not taking that away. It's about citizen safety.  you to look at it from everybody's perspective.  would we enforce it?  make sure we do it correctly.  one priority.  somewhere.  call animal control and they never make it out there.  things like that.    situationally aware. An ordinance stating that you can shoot is not going to keep the stupid Mayor states I agree with Mr, Jones you do have people doing things out of the ordinary. People still speed and break the law even though wel have speed limit signs and the ones we do catch we give the citations but we have tol have something inj place that states that that is the speed limit. Every city has one and we are small but we are still a city. Mr. Ruszkiewicz: states well who can afford their ammo anyway. But anyway in my neck oft the woods I always hear shooting going on and I do have PTSD and it sounds like it's in my backyard and what I'm hearing isn'tt target practice there shooting 40 - 50 rounds and my: neighbors down the street get freaked out too and it's ai tough spot since im strong 2nd amendment but I do see both sides. So for clarification, ift there is a rattlesnake in my backyard legally can. I shoot it? Ijust wanted to be clear on the matter. Chiefstates yes you are defending your property. Protecting livestock if you have any. There are always many elements to any situation and that's when we go to these calls we Mr. Ruszkiewicz states I wanted to be clear ift there was a threat in my backyard such as a snake that I could shoot it sO thank you for clearing that up. But about the berm would it be reasonable for a citizen tol have a diagram ofa berm and bring it to the city and tell us this is what wel have. Soi it falls under acreage you have tol have 10 acres you can shoot but ifit does not fall under the ten acres and they have a permitted berm can they shootI want Mayor everyone that can see the ordinance and I went to the city attorney and said people are shooting off rounds and citizens are asking if we are doing anything about it and I asked him to do the research and draft an ordinance that is the law sO we can have something in place. As far as the berms everything isi in the ordinance. This is the state of Texas law where it is talking about Firing Ranges or Sport Shooting Ranges. Mr. Ruszkiewicz states SO the city in a sense is somewhat liable if an accident does happen Mayor states if we get a call and a citizen says II have been informing you that they have been shooting off rounds and wel have to tell them there's nothing we can do about it and someone gets shot yes the city will be liable if we knew it was happening and did nothing about the city would be held liable. We are trying to do everything we can to make the city safer. I would rather have a citizen mad at me than lose a child two doors down knowing Mrs. Vandeveer states I am against this I grew up with guns I grew up knowing not to touch them as a kid and I think that everyone should teach their kids. It think if people are taught the right way then it shouldn't be a problem. Ijust don'twant gun control. Mayor states you are using the wrong term here. This is not gun control you can still defend your property you can still protect your family. We are: not taking your rights  people from doing stupid things and that's my view on the matter.  educate people.  clarification.  and it would be putting the city in a lawsuit  we could of! put something inj place.  away. It is about the city and citizen's safety.    Mr. Jones states Itry my best to educate myselflooking at the cities history and Iti isa 1% mortality rate fors stray bullets. Chiefhow: many, people have been injured from ai random Chief states none since I have been! here considering Ihave only been here for about six Mr. Jones asks Chief are you aware of any history of property damage or has anyone been Chief states I would have tol look in the archives. I don'tl know where all those are from the: manual entries and cop sync. Since II have been here I have not heard of any property damage or injuries we just have some concerns about gunfire because it is alarming and Mr. Jones states Kempner has one oft the weirdest city limit shapes II have ever seen. Some peoples house is in city limits and their property is not. You're wanting to pass this ordinance because of the noise and because of a stray bullet but your still going to hear the same: rounds being fired and the possibility ofs a stray bullet because I guarantee most Mayor states the city's safety is what my concern is. This is a citizen safety ordinance. So you have all: read it and expressed your opinions sO does anyone have any more Mr. Ruszkiewicz states it really is a divided emotional issue. We have some people who feel very strongly one way and someone that feels very strongly the other way. We have to have some sort of commonality and I don't think with this day and age that we should just completely throw the ordinance out and let the gun owners have their guns and shoot whenever and then and that's fine and not consider the other side. I don'thave: any other solution other than an ordinance if we can modify it in some sort of way to answer the problem. We have two sides to it and wel have to do what's best for the city. Mayor states we can close discussion and move forward ori ifthere is more whichIthink everyone has expressed how they have felt. This is not taking away gun rights. You have people doing the right thing and people doing the wrong thing and without an ordinance it just lets people do whatever. And the state will ask why we. haven't done anything. We Mr. Parker moves to make a motion to approve City Ordinance 2021-01-26.  round since you have been here in Kempner?  months.  hurt by a random bullet.  you don't know where it came from or where it's going.  people are in the county.  comments.  can not ignore the complaints. Mr. Ruszkiewicz seconds the: motion. and votes to approve the Ordinance 2021-01-26.  Two ini favor (Parker, Ruszkiewicz), Two oppose (Jones, Vandeveer), Mayor break the tie  Motion carries.  8. Consider approval oft the selected candidate for the City Manager position. Mr. Jones and Mrs. Vandeveer voted for Mr. Rodriguez.    Mr. Parker and Mr. Ruszkiewicz voted for Mr. Williams.  The Mayor broke the tie by Voting Mr. Williams as the new City Manager. Mayor states that Mr. Williams will give his job at two-week notice then he will be briefed  and begin his duties here.  9. Convene into Executive Session pursuant to Section 551.074, Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal 10. Reconvene from Executive Session with possible deliberation and actions on item discussed  OfTCOLE certified Peace Officer. in the Executive Session.  No deliberation was necessary. 11. Comments/ Mayor Final comments  Mr. Parker asks where are we with Peacemakers? Have they installed them yet? Mayor states I'm glad you askedI Iforgot to bring that up in my reports. Wel have been refunded the money and we are now waiting for the parts to come in sO they can come to Mr. Jones asks when a time frame if possible could the citizens start coming into the Mayor states I cannot see into the future. I go with the guidance that is given ti me by the state and with the influx in Texas I don'th have an answer on when they will start opening back up to full capacity. I would love iti if we could open our doors back up to the public those days were: fun but we are taking preventative measures to ensure the safety ofour citizens and I don't know when the day will come when we can open our doors back up  install the equipment. council meetings?  sorry I do: not have an answer for you.  12. Date ofi next Regular Scheduled Meeting will be held February 9, 2021.  13. Adjournment.  Mr. Jones moves to make ai motion to adjourn. Mrs. Vandeveer seconds the motion. All in favor, the meeting is adjourned.  95  ATTEST:  APPROVED:    Hayleigh Robello- - City Secretary  Dr. Keith L.  Mayor      ACCOUNTS PAYABLE 1 February 2021  NAME OF COMPANY BANK OF AMERICA  DESCRIPTION City of Kempner- Chief Rodriguez Shell Oil- $28.25 Shell Oil -9 $25.00 Shell Oil $27.00 Shell Oil- - $24.50 Shell Oil $22.00 Shell Oil $26.00 Shell Oil-$ $29.50 Shell Oil. $25.00 Shell Oil $25.50 Shell Oil -$19.01 Shell Oil-$17.99 Shell Oil $20.00 Shell Oil-$28.00 Northloop-$15.75 GTI Dist $253.30 Texas Police Chief Assoc. $295.00 City of Kempner- Officer Sowder Shell Oil- -$25.13  AMOUNT  $911.57  BANK OF AMERICA  $25.13  BANK OF AMERICA  City of Kempner- - Mayor Intuit usage $16.00 ADOBE $10.80 City Services Service Call Services City Services City Services Lease services Telecomm/PD City Attorneys Auditing Service  $26.80 $381.80 $500.00 $85.00 $182.02 $370.41 $85.00 $165.64 $3120.00 $2000.00  CENTURYLINK DUEY'S) PLUMBING WELLSFARGO KEMPNER WATER SUPPLY CO. HAMILTON ELECTRIC WELLSF FARGO FIRSTNET KNIGHTLAW FIRM DONALDI L. ALLMAN, CPA,PC  Total  $7853.37    APPROVED: Dr. Keith L. Harvey-Mayor  6  ATTESTED;  Hayleigh) Robello- City Secretary.