City Lake, Vendor Payments Top Council Agenda

Hunting at the city lake and vendor payments topped last Tuesday’s Canton City Council meeting.

Canton Police Sergeant Brad Allison addressed the council concerning Ordinance 2009-18 regulating the public use of Mill Creek Reservoir.

Allison said after reviewing some of the city laws on the city lake, they were "really behind."

After speaking with Texas Parks & Wildlife game wardens, Allison said he was able to get updated on the new regulations in place to update lake laws.

One of the recommendations Allison made was that a life preserver must be onboard a boat with children in it, and that children ages 12 years and younger must wear a life preserver on a boat.

Also hunting around the lake, specifically duck hunting was another concern brought before the council.

"Now that there is more housing and more people around the lake, and more area for duck hunting, I would suggest we take hunting out around the lake all together," city manager Andy McCuistion said.

When asked if there were any complaints filed with the police department about hunting, Allison said he had not taken any.

"I haven’t had any complaints," Canton Police Chief Michael Echols said. "Generally they (hunters) conduct themselves. The only complaint we have had is people who target practice down there."

"I’m a duck hunter and I think we should allow it personally," Wilson said.

When asked if hunters could reach the Lake Meadow Estates on Farm-to-Market 2909 or Crossroads Church on State Highway 19, Allison said they could not.

"We can continue to monitor it," McCuistion said.

The ordinance was adopted as is.

In other business the council:

-heard from citizen Ron Perkins concerning a First Monday vendor’s outstanding balance.

Perkins said he has been researching the lots at First Monday owned by Paul Michael.

"…The more I have got into this the more involved it is," Perkins said referring to the "Rubik’s cube" puzzle he has been reviewing in the Paul Michael rental fees. "It is a lot more involved than any other audit I have been involved in."

The first Paul Michael lease, Perkins noted, went into affect with the city in 1997.

"My question to the city council, city manager and city attorney is why have we not collected this money from this individual?" Perkins asked.

Wilson said that is what the council is going to attempt to do.

Last November the council was made aware of a computer error where Michael was not being charged enough lot rent. Due to the error the council was in agreement that the some $7,000 owed the city needed to be sought from the vendor.

In the December 2008 council meeting, McCuistion explained that in July 2000 lots were leased at $40 per lot and Michael began leasing those lots from the city at that rate.

"In November 2005 there were staff changes and possibly that is how these rate changes were overlooked," McCuistion said at the December 2008 meeting.

He went on to say that since then there have been staff changes and a software update in January 2007. "If you don’t change that rate in about five different places, that rate doesn’t stay there (in the system)," McCuistion said.

"In all cases there is an error obviously on the staff’s part, but I don’t believe anyone did it intentionally," McCuistion said at the 2008 meeting.

He also noted that the results of the internal investigation by the city into the matter showed that one month, in 2005, the vendor was not charged the correct amount, and in 2006 there were 12 months, and in 2007 and 2008 there were 11 months for a total of $7,000.

During last Tuesday night’s meeting McCuistion told the council, "I have sent him (Michael) a second letter, a registered letter and I have not gotten any response from that. I think we need to move to the next step."

City attorney Richard Davis said the next step would be either to enter into litigation or terminate the lease.

"Mr. Michael has been a good vendor. He pays his rent. This was our error," McCuistion said. "This was a computer error. When we got a new computer system it reverted back to the old numbers and it was our error. But we also have a lease with him and he is obligated to pay that amount."

"He is a good vendor. He rents a lot of lots from us and he draws a lot of people down to First Monday," McCuistion added.

Wilson asked if a deadline for the money had been stated in the letters sent out. McCuistion said he did not recall if a deadline had been submitted.

"Personally what I would like to do is give him a time frame on when those funds are to be paid or we would have to seek legal action," Wilson said.

The council agreed with the recommendation.

-approved the adoption of Ordinance 2009-19 annexing all roadways and right-of-ways parallel and contiguous to the Canton city limits.

City secretary Julie Seymore said in the past all annexations have included contiguous roadways, and the ordinance just makes that an official city ordinance.

-reviewed goals and objectives for the fiscal year 2009-2010 budget.

McCuistion reviewed those which include: improve communication with citizens, improve long range planning, review and adopt sound finance policies, address organizational issues, promote positive environment for economic development, and enhance the quality of life in Canton.

Wilson suggested the council review the goals/objectives and then come back to approve at a later date.

-approved adoption of Ordinance 2009-20 amending fiscal year 2008-2009 budget.

Seymore explained that most of the amendments have to do with emergency repairs or unforeseen projects within the city.

-heard from Canton Municipal Judge Lilia Durham who reported that her office has cleared 23 warrants.

-heard from McCuistion who reported that bids for the Lock-N-Leave building will be opened on June 23, and a special meeting will be called.

-heard from Corey Hogue with Gary Burton Engineering concerning bids for southside booster station.

The booster station, Wilson explained, is something the state is requiring the city to install at Etheridge Farms area to increase water pressure.

There were 12 bids received with a base bid and an alternate bid.

The low bid was $205,000 up to $328,000 for the base bid.

The alternate was $218,000 for the low bid up to $366,000 for the high bid.

The base bid is for a six inch line and the alternate bid is for an eight inch line.

The council approved the alternate bid to get the larger size line with Baker’s Contracting in the amount of $218,000.

-heard from resident Tommy White during the public comment portion of the meeting, who spoke concerning the Bluegrass Festival and Western Swing.

He requested those funds be used to go toward scholarships or for police department equipment.

Also speaking was Jim Fuller who said the Bluegrass Festival is on schedule and ready to begin.

He also said he has the old 1938 fire truck at his business.

Fuller said the engine will not start now because the ignition switch was left on and a coil has burnt up. He said the cost is $139.

The council took no action.

Resident Robert Farmer then asked whether or not there were plans to move the city limits.

Wilson suggested Farmer speak to McCuistion.

Henry Lewis then addressed the council requesting at the July meeting they, "consider amending the city billboard ordinance, to allow a billboard to be removed and replaced at the identical location with a more effective and more profitable billboard."

The council took no action, but later requested that item be put on the July agenda.

-approved May 2009 financial statements.

-approved minutes from the May 14 and May 19 meetings.