H’wick action limits aldermen who volunteer

The Howardwick City Council approved a resolution regulating aldermen who serve on volunteer organizations at its regular meeting last Tuesday, October 9.

Action on the resolution came early in the meeting which lasted almost three hours as Alderman Debbora Sharpton said she believed that Alderman Bryce Hawley has a conflict of interest as a member of the volunteer fire department.

“Every time you’re voting for the fire department not for the city,” Sharpton said before moving to go into closed session.

Hawley objected to going into closed session and asked for the issue to be discussed publicly.

Sharpton said Hawley is supposed to recuse himself from discussions about the fire department and votes affecting the department but has not. Alderman Marietta Baird pointed out that the council had asked Hawley to be a liaison with the fire department earlier this year.

“Why can he not speak up?” Baird asked.

At one point, Mayor Greta Byars said she had the power to make motions and moved to adopt Resolution 152. As discussion continued, Hawley asked to strike language in the resolution that prevents aldermen who are volunteers from participating in discussions affecting their volunteer organization, but he received no support for that position.

The board ultimately approved the resolution, allowing aldermen to serve volunteer organizations but preventing them from participating in discussions or votes regarding that organization.

Early in the meeting, Byars announced that an attorney would be coming to future council meeting to train aldermen on the Open Meetings Act and admonished the council about walking quorums or serial meetings of less than a quorum outside of a posted meeting to decide how to vote at an upcoming meeting.

“I know this is happening,” Byars said, calling it “very, very illegal.”
Byars said that aldermen are sometimes “almost stacking the vote before we come to a meeting.”

The meeting was also marked by aldermen having to ask Mayor Byars to be recognized by her before speaking, something Byars had requested during her mayoral comments at the opening of the meeting and she said is required by Ordinance 111.

Other items before the council last week included a discussion of building codes and the enforcement of those code. Code Officer Jerry Mulanax is proposing the city adopt new building codes, and he had two experienced building inspectors with him to speak on that topic.

The issue of adopting new codes as well as the pricing and requirements of permits for buildings was tabled for another meeting.

Jeremy Kindle’s request to set a food truck on Lots 185 and 186 in the Navajo section of the city was approved.

The council approved a motion to purchase a new back door for City Hall as part of its work to come into compliance with a report from the state fire marshal.

Mayor Byars reported on an ongoing situation with John and Kristina Rucker and their desire to put a “tiny home” made from a storage container in the Nocona Hills section. Current zoning rules require that homes in that section be a minimum of 1,000 square feet, and the structure in question is less than that.

Byars said the storage container is already on the property without the city’s permission, which led to a discussion about not needing permission or a permit for storage buildings.

The council approved a motion by Hawley to declare the structure a storage container with the council agreeing that if the Ruckers try to move into the structure they will be in violation because of the building not meeting the 1000-square-foot requirement.

Byars and City Secretary Sandra Childress also reported to the council about their meeting with Red River Water Authority on a number of issues. Chief among those was the discovery that several residents are receiving water services without paying for them and that some residents don’t even have water meters.

While the lack of meters or payment for water obviously impacts the water authority, Red River collects the city’s trash payments through the water bills as well, city officials said.

Childress said that she has calculated that the city is experiencing about $4,000 per year in lost revenue because of those residents not being billed.
City Hall is continuing to investigate this problem and is working with Red River on a new franchise agreement.