AGENDA CITY OF KEMPNER, TEXAS January 12, 2021 6:00 PM NOTICE OF REGULAR CITY COUNCIL MEETING 12288 E. Hwy 190 Kempner, Texas 76539 NOTICE IS HEREBY GIVEN that the City Council of the City of Kempner, Texas will hold it's regular meeting at the above-named date, time, and location for the consideration and action on all the items listed below: 1. 2. 3. CALL TO ORDER, CALL OF ROLI/DENTIICAION OF A QUORUM Invocation Pledge of Allegiance/Pledge to the Texas Flag NON-ACTION ITEMS 4. 5. Citizens Comments - Must sign in and note whether Agenda or Non-Agenda items Reports Police Chief Mayor Workshop ACTION ITEMS 6. 7. 8. Consider approval oft the minutes for the Council meeting held on December 8,2020. Consider approval oft the Accounts Payable dated January 4,2021. Consider approval of City Ordinance 2021-01-12 for the City Manager. 9. Comments / Mayor final comments. 10. The date oft the next regular council meeting will be. January 26, 2021. 11. 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 gth 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 of3 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 of the scheduled meeting. otherwise appearing on the meeting agenda. Kempner Police Memorandum To: Kempner City Council Thru: Dr. Keith L. Harvey, Mayor From: Charles E. Rodriguez, ChiefofPolice Date: January 4, 2021 POLICD KEMPNER 1997 Subject: Monthly Policel Department Report - December 2020 Kempner City Council, Your police department has been and continues to work on the following criminal cases and department tasks: 1. Citizens reported, or officers were dispatched to, thei following incidents that did: not result in criminal cases: 2. Two: motor vehicle crashes occurred. One struck the City Hall building and the other was ai minor crash a. Found property was located on the roadside. between to vehicles. 3. Criminal case filed and their status: a. Two arrests for active warrants were: made. Case is closed Possession of marijuana less than two ounces. Casei is closed. b. Child abandonment. Casei is active. 4. Calls for service: a. Police responded to 45 calls for service. b. Calls range from a fire, shots fired, welfare concerns, threats, citizen contact, to a deer in a fence. 5. Traffic stops: a. Total stops: 42 b. Traffic violations: 33 Warnings issued: 24 6. Patrol vehicle usage and maintenance: a. Thej patrol vehicles were driven 2,529: miles. b. The department used 197 gallons offuel. Thej patrol vehicles fuel cost was $389.75. 7. Administration: a. Provided' Texas Department ofl Emergency Management (TDEM) with required data to receive reimbursement for police officers' salaries from March thru December 202 0 and reimbursement cost ofthe approved outdated Mobile Data Terminals in thej patrol cars using CARE (Corona Aid, Relief, b. TXDOT isi reviewing thei test data submitted. TXDOT approval ensures the department is following Department is still waiting on the Lampasas County/District Attorney's office to provide case and Economic Security) Act federal stimulus package funding. state mandated submission of crash reports. disposition. d. Department Policy manual is completed. Currently being proofread. 8. Continuing to update webpage for accuracy and provide information tot the citizens and visitors ofour community. EL. Charles E. Rodriguez ChiefofPolice Kempner Police Department ityofkempner.org 12288 Hwy 190 Kempner,Texas 76539 Page 2 of2 512.932.2180 fax 512.932.3124 STATE OF TEXAS COUNTY OF LAMPASAS CITY OF KEMPNER BE: ITI REMEMBERED that on December 8, 2020, 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 6:00 P.M. and the following business was conducted: Melba Vandeveer. 1. Roll Call- Place II was absent, Place I, Place II, Placel IV, Place V 2. Mayor Harvey Led the Invocation 3.1 Pledge of Allegiance/Pledge to the Texas Flag Non-Action Items 4. Citizens Comments- Must sign in and note whether. Agenda or Non-Agenda items 5.1 Reports- Mayor Police Report Workshop Court Breakout by Tracie Martin. ACTION ITEMS 6. Consider approval oft the Minutes of the Council Meeting held on September 22, 2020. Mr. Ruszkiewicz moves to make ai motion to approve the Minutes. Mrs. Vandeveer seconds the motion. Jones), Motion carries. Three in favor (Mr. Parker, Mr. Ruszkiewicz, Mrs. Vandeveer), one abstained (Mr.. 7. Consider approval oft the Accounts Payable for payment dated October 5, 2020. Mrs. Vandeveer moves to: make ai motion to approve the accounts payable. Mr. Jones seconds the motion. All in favor, motion carries. 8. a. Convene into Executive Session pursuant to Section 551.074, Texas Government Code, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ofTCOLE certified Peace Officer. b. Convene into Executive Session pursuant to Section 551.071, Texas Government Code on 9.1 Reconvene from Executive Sessions with possible deliberation and actions on items discussed personnel matters. int the Executive Sessions. Forr matters on 8a, Mr. Ruszkiewicz moves to make ai motion to approve the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal OfTCOLE certified Peace Officer. Mr. Jones seconds that motion. All in: favor motion carries. Chief Rodriguez. Mrs. Vandeveer seconds that motion. Alli in: favor, motion carries. 10. Comments/ Mayor final comments. For matters on 8b, Mr. Ruszkiewicz: moves to make a motion to approve the Contract: for Mr. Ruszkiewicz asks the Mayor what about the ordinance willi it be on the next Mayor states that yes Iwill put it on the next meeting's agenda and you all need tol have your recommendations, answers, and the changes you want on the ordinance. Mr. Ruszkiewicz states that he will give his contact information from the gentleman he knows regarding the city managerinformation to the city secretary to give to the council Mayor states that when he receives a new application it will be sent to the council members and you will also receive aj phone call from the city to inform you to check your meeting's agenda? members. email. 11.1 Date oft the next regularly scheduled meeting will be held on January 12, 2020, with a workshop beforehand. 12. Adjournment Mr. Jones moves to make ai motion to adjourn. All in favor, the meeting is adjourned. Mr. Parker seconds. ATTEST: APPROVED: Hayleigh Robello -City Secretary Dr. Keith L. Harvey- Mayor ACCOUNTS PAYABLE 4January 2021 DESCRIPTION City of Kempner- Chief Rodriguez Shell Oil- $25.50 Shell Oil-$21.00 Shell Oil-$23.25 Shell Oil $28.25 Shell Oil-$22.75 Shell Oil-$30.00 Shell Oil- -$23.00 Shell Oil-$19.75 Sheil Oil- $25.50 Shell Oil- -$24.25 Shell Oil-$24.50 Exxon -$24.50 Circle] K -$27.50 Loves -$31.00 City ofl Kempner- Officer Sowder Shell Oil-$33.96 Air Serv- $1.75 7-Eleven-$27.61 7-Eleven- $23.33 SMart -$29.73 Wal-Mart-$26.93 Wal-Mart- $26.93 NAME OF COMPANY BANK OF AMERICA AMOUNT $384.75 BANK OF AMERICA $170.24 BANK OF AMERICA City of Kempner- - Mayor Intuit usage- $21.60 ADOBBS16.00 City Services Service Call Services City Services City Services Leases services Telecomm/PD City Attorneys $37.60 $430,23 $34.30 $85.00 $85.00 $176.21 $223.60 $85.00 $165.64 $16,879.92 CENTURYLINK DUBY'SPLUMBING WELLSFARGO KEMPNER WATER SUPPLYCO. HAMILTONI ELECTRIC WELLS FARGO FIRSTNET KNIGHT: LAWI FIRM Total MACREARY,VESBLKA, BRAGG & ALLEN Municipal Court $18,757.49 APPROVED: Dr. Keith) L. Harvey-Mayor ATTESTED; Hayleigh Robello City Secretary ORDINANCENO, AN ORDINANCE OF THE CITY OFKEMPNER, TEXAS, ADOPTING THE CITY MANAGER FORM OF GOVIRNMENT PURSUANT TO CHAPTER 25 OF THE TEXAS. LOCAL GOVERNMENT CODE; DESIGNATING THE DUTIES, AUTHORITIES AND RESPONSIBIITIES OF.THE CITY MANAGER, ANDMAYOR, ANDI PROVIDING FOR: RELATED: MATTERS. WHEREAS, on or about. January 29, 2020, the City of) Kempner (the "City") city secretary received a petition in compliance with section 25,022 of the Texas Local Government Code ("LGC") requesting the mayor to call a special election to determine whether the City shall adopt the city manager form ofg government; WHEREAS, after aj petition is filed in accordance with LGC section 25.022, LGC section 25.025: mandates an election to consider the adoption oft the city manager: form ofg government to be held on the first authorized uniform election date prescribed by thel Election Code that occurs after the date the petition is filed under LGC section 25.022 and that affords enough time to hold the election in thej manner required by law; WHEREAS, because oft the unprecedented COVID-19 pandemic, the City postponed its WHEREAS, each qualified voter in the City is entitled to vote in the election to consider WHEREAS, the ballots at the November 3, 2020 special election to consider the adoption of the city manager form of government were printed to provide for voting for or against the following proposition: "The governing body of the municipality of Kempner appointing a city May 2020 uniform election until the November 3, 2020 uniform election; the adoption ofthe city manager form of government; manager and setting by ordinance the: salary oft thei manager"; WHEREAS, at the November 3, 2020 Special Election to consider the adoption oft the city manager form of government in the City, 262 votes were cast "FOR" and.166 votes were cast "AGAINST"; WHEREAS, ai municipality holding an election under LGC Chapter 25 shall operate under the city manager form of government if a majority of the votes cast at the election are for its adoption; WHEREAS, upon the adoption of the city manager form of government, the governing Page 1of8 body of the City, in compliance with LGC section 25.026, shall appoint a city manager within sixty (60) days after the election day and by ordinance shall set the manager's salary; WHEREAS, the City Council has the authority to create offices, establish the duties of offices, combine the duties ofc offices, set salaries, and take other actions as it deems appropriate for the administration and governance ofthe City; and WHEREAS, the chief administrative officer oft the City shall be the City Manager, and the criteria for the appointment, removal, compensation, duties and qualifications oft the city manager NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1. City Manager Form of Government Adopted. The position and office of City Manager is hereby created and the criteria for appointment, removal, compensation, and the authorities, powers, duties, and responsibility of the office of City Manager shall be as hereinafter Section 2. Appointmentand Term of Office, The City Manager shall be appointed by a1 majority vote of the City Council and shall serve at the pleasure oft the City Council, The City Manager can be terminated by a majority vote of the City Council, consistent with local laws, ordinances, or any employment agreement(s) they may have with the City Council. The City Council shall appoint the City Manager solely on the basis oft the person's administrative ability. The City Manager is not Section 3, Compensation, The City Manager shall receive such compensation and benefits as Section 4. Authority, Duties and Responsibilities. The City Manager shall be the chief administrative officer of the City and shall be responsible to the City Council for the proper administration of all affairs of the City. The City Council, by ordinance, may delegate to the city manager any additional powers or duties the governing body considers proper for the efficient administration ofmunicipal affairs. The authority, duties and: responsibilities of the position of city manager are more specifically detailed in the document attached hereto as Exhibit "A", said document is incorporated herein for all purposes and entitled "Adoption of City Manager Form of Section 5, Conflict of Duties, Office of Mayor, The Mayor, City Council and City Manager constitute a policy-deyelopment and management team. To the fullest extent not in conflict with position shalll be as set forth in this Ordinance, KEMPNER, TEXAS, THAT: set forth. required to meet any residency qualifications, may be established from time tot time by the City Council, Government, City ofKempner, Texas," Page 20 of8 State law, this Ordinance, 01 the express actions and directions by a majority vote of the City Council, the City Manager shall have the responsibility for and authority incident thereto, the day- to-day supervision and management oft the City and the-salaried officers, directors, employees, and The Mayor shall serve as a key political leader and policy developer. In the case of the City Council, the Mayor is responsible for soliciting citizen views in forming these policies and interpreting them to thej public. The Mayor shall have no administrative duties. The Mayor's duties 1. Presiding at City Council meetings and facilitating communication among City Council 2. Serving as a spokesperson for the community, facilitating communication and understanding between elected and appointed officials; 3. Assisting the City Council in setting goals and adyocating policy decisions; 4. Serving as a promoter and defender oft the community; 5. Presenting an annual state ofthe City address and serve as as spokesperson for the City; 6. Recommending to the City Council appointments of members and officers to City Council 8. Being recognized as the head of City government for ceremonial purposes and by the Section 6. Seyerability. If any provision, section subsection, sentence, clause or phrase oft this Ordinance is for any reason held to be invalid of unconstitutional, such invalidity or unconstiftutionality, shall not affect the validity of the remaining portions of this Ordinance and no portion or provision hereof shall become inoperative of fail by reason of any invalidity or unconstitutionality ofany other portion or provision, and tot this end all provisions oft this Ordinance Section 7. Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions ofthis Ordinance are. hereby repealed on the effective date ofthis Ordinance, Section 8. Effective Date, This Ordinance shall take effect immediately from and after its Section 9. Open Meetings, 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 ofi the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 551, Tex. personnel ofthe City. include, but are not limited to, the: following: members; committees; 7. Serving as a key representative: ini intergoyernmental relations; and Governor forj purposes ofmilitary law; are declared to be severable. passage. Gov't. Code. Page 3of8 PASSED AND. APPROVED this the day of 2020 THE CITY OF KEMPNER, TEXAS Dr. Keith L.J Harvey, Mayor ATTEST: Hayleigh Robello, City Secretary Page 40 of8 EXHIBIT A" ADOPTION OF CITY MANAGER FORM OF GOVERNMENT CITY OF KEMPNER, TEXAS AUTHORITY, DUTIES AND RESPONSIBIITIES OF CITY MANAGER. The office of City Manager of the City of Kempner, Texas, is hereby established. The person that serves in this office shall be referred to as the City Manager. To that end, the City Manager shall have the (A) The City Manager shall direct, coordinate, and provide oversight over all departments oft the City, and, in the event of a conflict between any matter of direction and oversight by the City Manager and the supervision undertaken by the Mayor, the matter shall be referred to following authority, duties, and responsibilities: the City Council for action. not limited to, the: following: (B) The City Manager shall perform administrative and management functions including, but (1) Ensure that all applicable laws and ordinances are enforced; (2) Supervise and inspect the conduct of all subordinate officers, directors and (3) Cause all negligence, carelessness, and violations of duty by the employees, directors and officers tol be given appropriate consideration; and (4) Communicate and make recommendations to the City Council for the employees oft the City; administration and management of the City. (C) The City Manager shall serve as the City Council's chief advisor, attend all meetings oft the City Council for which he or she is not excused, with the right to participate in the discussion but have no vote. The City Manager shall inform the City Council in an objective and complete manner, provide the pros and cons on an issue or project and describe the long-term consequences ofaj proposed City Council action. The City Manager may attend closed meetings of City Council as required upon Council's specific authorization. (D) Inc consultation with the City Secretary, City Treasurer and the Mayor as Chief Budget Officer oft the City, prepare, review, and submit to the City Council prior to the beginning of Page 50 of8 each fiscal year a budget for proposed expenditures for the ensuing year together with a message describing the important features of said budget. The City Staff, City Secretary, City Treasurer and City Department Heads shall render such assistance as the City Manager may find reasonably necessary in the preparation and submission of said budget. The City Manager shall further, as directed by the City Council, assist the City Council with respect to its consideration of said budget. The City Manager shall further assure the proper administration oft the budget afteri its adoption by the City Council. (E) The City Manager shall prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. The City Manager shall order an independent annual audit ofCity Finances and shall coordinate and support requests from auditors in their preparation. (F) The City Manager shall keep the City Council advised of the financial condition and future needs of the City and provide such information and service as may be deemed reasonably necessary. The City Manager shall further advise and assist the City Council to ensure the accomplishment oft the annual audit ofthe City. (G) The City Manager shall provide oversight of the purchase of all materials, supplies, and equipment for which funds are provided in the budget; oversee and/or perform purchasing of budgeted materials and supplies necessary for operation or maintenance of the City services. The City Manager may authorize City Department Directors to perform the actual purchases as deemed necessary, consistent with administrative guidelines and procedures defined. No purchase shall be made, or obligation incurred for any item or service which exceeds the current departmental budget appropriation without approval by the Council. No contract shall be let except by City Council. The City Manager shall advise the City Council on the advantages or disadvantages of contract and bid proposals. The City Manager may issue written rules governing procedures for purchasing consistent with this section and with applicable State law. A contract for personal or professional services requiring an expenditure of $1,000.00 or less may be authorized by the city manager without further City Council action. A contract for personal or professional services requiring an expenditure exceeding $1,000.00 must be authorized by the City Council. The City Manager or designee shall make all purchases for the City of all personal property necessary for the functions of the City. Such personal property purchases exceeding $500.00 shall require the City Council's approval prior to the expenditure offunds. (H) The City Manager shall perform periodic and regular technical and administrative status reviews of City Department projects, operations, and financials. Department directors shall support City Manager as required for an effective review. Page 60 of8 (I) The City Manager shall perform periodic and regular performance reviews of immediate staff personnel and department directors, providing recommending performance evaluation and rating for Council consideration and approval. The City Manager shall recommend salary levels and adjustments to Council as deemed appropriate as part of personnel evaluations. (J) The City Manager shall prepare job descriptions for approval by the City Council; delegate duties to the officers, directors, and employees of the City; appoint persons to fill the budgeted positions provided that such appointments or disciplinary actions shall, with respect to Department Directors, City Secretary and City Treasurer be with the City Council's concurrence. The City Manager shall ensure personnel procedures and policies are inj place and followed by department directors and staff. (K) The City Manager shall provide oversight and serve as thej primary day-to-day interface with contractors having contracts with the City, to ensure contract commitments for products and services are delivered and in compliance. The City Manager may assign such responsibility to City departments as appropriate and required. (L) The City Manager shall serve as the chief personnel officer of the City, with authority to recommend personnel disciplinary action processing related to employee misconduct to Department Directors and City Council. The City Manager shall administer drug and substance abuse testing policy and program oft the City, as applicable; and, as he or she may determine advisable from time to time, make recommendations to the City Council on any and all personnel, performance, administration, management, financial, and general governance issues. (M) In the event of accident, disaster, or other circumstances creating a public emergency, the City Manager shall provide the Mayor such assistance as may be necessary and may award contracts and make purchases for the purpose of meeting said emergency; but shall file within seventy-two (72) hours with the City Council a certificate describing any such emergency and showing the necessity for such emergency purchases, together with an itemized account of all such expenditures. (N) The City Manager shall have such further authority, duties, and responsibilities as may be reasonably implied from the terms oft this Ordinance and as. heretofore or hereafter provided by the City Council. (0) The City Manager shall be bonded in an amount determined from time to time by the City Council which bond shall be conditioned upon the good and faithful performance of the duties, responsibilities, and performances of the office and position of City Manager, Page 7 of8 premium of which shall be paid by the City. Page 8 of8 STATE OF TEXAS COUNTY OF LAMPASAS CITY OF KEMPNER BEIT: 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 6:001 P.M. and the following business was conducted: Ruszkiewicz, Melba Vandeveer. 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 ai motion to approve the minutes ofDecember gth. Mr. Ruszkiewicz states that he said last meeting that he was going to talk to a gentleman regarding the city managerinformation but since there was applicants he did not see a Four in favor (Parker, Jones, Ruszkiewicz, Vandeveer), one obstained (Wilkerson). Mr. Jones seconds the motion. reason to. Motion carries. 7.0 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 oft 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 for it then we pay it. All in favor, Motion carries. 8.Consider approval of the City Ordinance 2021-01-12 for the City Manager. Mr. Ruszkiewicz states overall I do not have aj problem with the amount or the expenses ini item (G) on page 61 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 purchasingpolicy 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 of 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 to pay that bill. So Mr. Ruszkiewicz states that he believes the amount of $1,000 is to low to operate on. Mr. Jones states that why don't we 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 do 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 $1,000 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 a motion? Mr. Wilkerson moves to make ai 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. Alli 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 we. 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 andl 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 isi in 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. Adjournment. Mr. Wilkerson makes a motion to adjourn. Jones Seconds. All in favor, Meeting Adjourned. ATTESTA APPROVED: Hayleigh Robello -City Secretary Dr. Keith L. Harvey- Mayor 5