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City of Canyon Commission Meetings

Regular Meeting

Canyon, TX · February 5, 2018

AgendaMinutes

Minutes

City Commission Meeting February 5, 2018 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Cordell Jones, Roger Remlinger and Paul R. Lyons. Mayor Pro-Tem Justin Richardson was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Assistant City Manager for Special Projects Jon Behrens, Chief of Police Dale Davis, City Engineer Dwight Brandt, and City Attorney Chuck Hester. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:33 p.m. Item 2. Invocation. Commissioner Jones gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led by Commissioner Remlinger. Item 4. Approval of Minutes of the Meeting January 22, 2018. Mayor Hinders pointed out that the final motion carried unanimously was not stated on Item 15 of the minutes. Commissioner Remlinger moved, duly seconded by Commissioner Jones, to approve the minutes of January 22, 2018 with the correction on Item 15 as stated. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No comments were made. Item 6. Update from City Manager on Following Items: (This is a report only, questions are to pertain to subject matter only. No other subject matter can legally be discussed in this update), Verbal report only.  North Sewer Expansion Project  East Water Tower Coating Project  Canyon East Phase 6  Madison Park Phase 2  Wood Waste Site Evaluation Item 7. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2018 Project. City Commission Meeting February 5, 2018 Page 2 of 4 City Engineer Dwight Brandt presented bids opened at City Hall on Thursday, January 25, 2018. Mr. Brandt stated the area to be sealcoated for 2018 was the remainder of Canyon East that wasn’t sealcoated in 2017 and Hunsley Hills north of the creek. Mr. Brandt stated 3 bids were received with the low bid submitted by Lipham Asphalt and Paving for $346,462.20. BID TAB – SEALCOATING 2018 TOTAL BID DAYS TO COMPLETE Lipham Asphalt and Paving $346,462.20 45 days Freeman Paving $363,226.50 45 days G&G Operators $386,696.52 90 days After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to award the Sealcoat Bid to Lipham Asphalt and Paving with the low bid of $346,462.20 as recommended by the City Engineer and Staff. Motion carried unanimously. Item 8. Consider and Take Appropriate Action on Bids Received for Water System Improvements – 14” Transmission Line from Well No. 3 to Brown Road – EDA Project #08-01-05039. City Engineer Dwight Brandt presented bids opened at City Hall on Thursday, January 25, 2018. Mr. Brandt stated the bids were to begin a project to upgrade / upsize the transmission line needed for the four wells at the new Brown Road wellfield. Mr. Brandt stated funds remaining from the EDA Grant funds in the amount of $150,000 would be used with the City’s match of 50% being provided by the water bond money. Mr. Brandt stated this would not use all of the grant funds and ways to expand the grant area enough to use the remaining grant funds have been considered, but he didn’t believe it would be likely to find a project that fit, so some of the grant funding would probably have to be given back. Mr. Brandt stated 5 bids were received with Scott Wampler submitting the low bid of $99,437.00. Mr. Brandt stated it was he and staff’s recommendation to award the bid to Scott Wampler. Commissioners asked if this project included boring under Brown Road. Mr. Brandt stated it did, but the project limits don’t go further west than Brown Road. BID TAB – Water System Improvements – 14” Transmission Line From Water Well #3 to Brown Road TOTAL BID AMOUNT DAYS TO COMPLETE Scott Wampler $ 99,437.00 90 AUC $127,590.00 90 West Texas Utility $147,054.00 150 MH Civil Constructors $165,000.00 90 LA Fuller & Sons $189,114.00 75 City Commission Meeting February 5, 2018 Page 3 of 4 After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to award the bid to the low bidder, Scott Wampler, with a bid of $99,437.00 as recommended by the City Engineer and staff. Motion carried unanimously. Item 9. Consider and Take Appropriate Action on Recommendation to Terminate Contract for Collection Services Regarding Court Fees and Fines. Mayor Hinders stated this item would be put off so that more information could be gathered. Item 10. Consider and Take Appropriate Action on Annual Police Report and 2017 Racial Profiling Report From Chief of Police Dale Davis. Chief of Police Dale Davis presented the Annual Police Report and 2017 Racial Profiling Report. After discussion Commissioner Jones moved, duly seconded by Commissioner Remlinger to approve the report as presented. Motion carried unanimously. Commissioner Jones expressed appreciation for the Canyon Police Department and commended them on doing a good job, with the rest of the Commission expressing the same. Item 11. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:32 p.m. Item 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 6:59 pm, no action was taken. Item 13. Consider Changing Date for Strategic Planning Session Scheduled for Friday, February 2, 2018. City Manager Randy Criswell stated Thursday, February 22, 2018 seemed to be a better date for everyone on the City Commission to attend the Strategic Planning Session. All agreed to change the meeting date to February 22, 2018. Item 14. Adjourn. There being no further business, Commissioner Remlinger moved this meeting be adjourned at 7:04 pm. ______________________________ Gary Hinders, Mayor City Commission Meeting February 5, 2018 Page 4 of 4 ATTEST: ________________________________ Gretchen Mercer, City Secretary

Agenda

AGENDA NOTICE OF MEETING Notice is hereby given that the governing body of the City of Canyon will meet at 5:30 p.m. on the 5th day of February 2018, in the Commission Chambers of City Hall at 301 16th Street in the City of Canyon to discuss the following agenda items: 1. Call to Order. 2. Invocation. 3. Pledge of Allegiance. 4. Approval of the Minutes of the Meeting of January 22, 2018. 5. Public Comment – Comments from Interested Citizens. 6. Update from City Manager on Following Items: (This is a report only, questions are to pertain to subject matter only. No other subject matter can legally be discussed in this update). Verbal report only. • North Sewer Expansion Project • East Water Tower Coating Project • Canyon East Phase 6 • Madison Park Phase 2 • Wood Waste Site Evaluation 7. Consider and Take Appropriate Action on Bids Received for Sealcoating – 2018 Project. 8. Consider and Take Appropriate Action on Bids Received for Water System Improvements – 14” Transmission Line from Well No. 3 to Brown Road – EDA Project # 08-01-05039. 9. Consider and Take Appropriate Action on Recommendation to Terminate Contract for Collection Services Regarding Court Fees and Fines. 10. Consider and Take Appropriate Action on Annual Police Report and 2017 Racial Profiling Report From Chief of Police Dale Davis. 11. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071 Consultation with Attorney. 12. Consider and Take Appropriate Action on Items Discussed in Executive Session. 13. Consider Changing Date for Strategic Planning Session Scheduled for Friday, February 2, 2018 14. Adjourn. Randy Criswell, City Manager I certify that the above Notice of Meeting was posted on the bulletin board of the Civic Complex of the City of Canyon, Texas on the 2nd day of February 2018. Gretchen Mercer, City Clerk City of Canyon City Commission Meeting January 22, 2018 The City Commission of the City of Canyon met in regular session at 5:30 p.m. in the City Commission Chambers of the Civic Complex. Mayor Gary Hinders presided over the meeting with the following Commissioners in attendance, Cordell Jones, Roger Remlinger and Paul R. Lyons. Mayor Pro-Tem Justin Richardson was unable to attend. Also present were the following City Staff: City Manager Randy Criswell, Assistant City Manager Chris Sharp, City Secretary Gretchen Mercer, Director of Business and Community Development Evelyn Ecker, Director of Parks and Recreation Brian Noel, Assistant City Manager for Special Projects Jon Behrens, Director of Code Enforcement Danny Cornelius, Safety Director Tony Lawson, Public Works Director Dan Reese, and City Attorney Chuck Hester. Also present were members of the Canyon Economic Development Corporation Board of Directors Don Lee, Jim Bryan and Cory Bruce. A notice of possible quorum had been posted 72 hours in advance of this meeting. No action was taken by the CEDC Board members. Item 1. Call to Order. Mayor Hinders called the meeting to order at 5:32 p.m. Item 2. Invocation. Commissioner Lyons gave the invocation. Item 3. Pledge of Allegiance. The Pledge of Allegiance was led Parks and Recreation Director Brian Noel. The Mayor recognized Mr. Noel at this time as being named as the City of Canyon Citizen of the Year by the Canyon News at the annual Chamber Awards Banquet held January 19, 2018. Item 4. Approval of Minutes of the Meeting January 8, 2018. Commissioner Remlinger moved, duly seconded by Commissioner Jones, to approve the minutes of January 8, 2018 as presented. Motion carried unanimously. Item 5. Public Comment – Comments From Interested Citizens. No comments were made. Item 6. Consent Agenda: It is recommended that the consent agenda be approved with one motion. A. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of Resolution No. 01-2018 With Regards to a Request from Panhandle-Plains Historical Museum for Sponsorship of the Pop Culture Exhibit Opening 2018. B. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of Resolution No. 02-2018 With Regards to a Request from Creek House Honey Farm City Commission Meeting January 22, 2018 Page 2 of 6 for Direct Financial Assistance to Expand the Current Business at 5015 4th Avenue, Canyon. C. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of No. 05-2018 With Regards to a Request from Squeezy Street Juice Bar LLC., for Direct Financial Assistance for a New Business Located at 1512 5th Avenue, Ste., 203, Canyon, Texas. The Funding is Based on New Business Development. D. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of Resolution No. 06-2018 With Regards to a Request from Canyon Main Street for Direct Financial Assistance to Fund a Twelve Month Marketing Campaign for Canyon and Downtown Dining District. Mayor Hinders introduced the consent agenda for the required second readings and approval of Resolution No.’s 01-2018, 02-2018, 05-2018, and 06-2018. Commissioner Jones moved, duly seconded by Commissioner Remlinger to adopt Resolution No.’s 01- 2018, 02-2018, 05-2018 and 06-2018 as presented. Motion carried unanimously. Item 7. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of Resolution No. 03-2018 With Regards to a Request from Fox & Owl LLC. Dba Barrell & Pie for Direct Financial Assistance for a New Business Located at 1512 5th Avenue, Ste. 101, Canyon, Texas. Mayor Hinders presented Resolution No. 03-2018 for the required second reading and consideration. Commissioner Lyons again expressed his opinion that he did not support salary assistance by the CEDC. After discussion, Commissioner Rogers moved, duly seconded by Commissioner Jones to approve Resolution No. 03-2018 as presented. Motion carried with Commissioner Lyons voting against. Item 8. Conduct Second Reading and Consider and Take Appropriate Action on Adoption of Resolution No. 04-2018 With Regards to a Request from Rocar Inc., dba U.S. Cleaners, a New Business to be Located at 2005 N. 2nd Avenue, Ste. A., (The Depot) Canyon, Texas. The Funding is Based on New Business Development. Mayor Hinders presented Resolution No. 04-2018 for the required second reading and consideration. Commissioner Lyons again expressed his opinion that it is not the place of the CEDC to pay rent or lease for any business. Mr. Lyons offered an apology to Jeremy Johnson, owner of Modern Cleaners, for bringing his business under scrutiny at the last meeting. Mr. Lyons said he still didn’t feel it was fair for a new business to receive funding when an existing business had not. After discussion, Commissioner Jones moved, duly seconded by Commissioner Lyons to deny Resolution No. 04-2018. Motion died to a tie vote with Mayor Hinders and Commissioner Remlinger voting against, and Commissioner Jones and Commissioner Lyons voting for. City Commission Meeting January 22, 2018 Page 3 of 6 CEDC Board President Don Lee asked if he could speak. Mayor Hinders gave Mr. Lee the floor. Mr. Lee stated when a project is found to be viable by the CEDC Board of Directors, it is then brought to the City Commission to see if would be supported. Mr. Lee stated if the Commission seemed to be supportive, the CEDC proceeded with the project. Mr. Lee stated if there were questions about a project they should be asked before the final moment of adoption. Commissioner Jones and Commissioner Remlinger expressed they felt they needed more information. There was some discussion about Mr. Johnson (Modern Cleaners) having asked for assistance and been told that the CEDC didn’t fund “service” businesses. Ms. Ecker was asked to clarify what a “service” business was, which she did. She stated a Dry Cleaners collected sales tax, and therefore wouldn’t be considered a “service” business. She stated she didn’t believe she would have ever told anyone otherwise. Randy Criswell requested the floor. Mr. Criswell urged the City Commission not to judge one project for a new business against an existing business, when the existing business had not ever applied for or received funding. Mr. Criswell stated he felt each project should stand on its own. He asked Ms. Ecker to look through her records and see if there had ever been any conversation with Modern Cleaners, and she stated she would. After more discussion, Commissioner Lyons moved, duly seconded by Commissioner Remlinger to table Resolution No. 04-2018. Motion carried unanimously. RESOLUTION NO. 04-2018 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON APPROVING PROJECT FUNDING AGREEMENT BETWEEN ROCAR INC., AND CANYON ECONOMIC DEVELOPMENT CORPORATION REGARDING DIRECT FINANCIAL ASSISTANCE FOR A PROJECT LOCATED AT 2005 N. 2ND AVENUE, SUITE A, CANYON, TEXAS. THE FUNDING IS BASED ON NEW BUSINESS DEVELOPMENT. Item 9. Consider and Take Appropriate Action on Approval of City of Canyon’s Investment Policy. Assistant City Manager Chris Sharp presented Resolution No. 07-2018 for consideration. Mr. Sharp went over the highlights of the Investment Policy and changes made to meet all legal requirements. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve Resolution No. 07-2018 as presented. Motion carried unanimously. RESOLUTION NO. 07-2018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CANYON, RANDALL COUNTY, TEXAS, ADOPTING RULES GOVERNING THE INVESTMENT OF FUNDS OF THE CITY, AND DESIGNATING THE DIRECTOR OF FINANCE TO BE RESPONSIBLE FOR THE INVESTMENT OF CITY FUNDS. Item 10. Consider and Take Appropriate Action on Quarterly Finance Report. City Commission Meeting January 22, 2018 Page 4 of 6 Assistant City Manager Chris Sharp presented the Quarterly Finance Report. After discussion Commissioner Jones moved, duly seconded by Commissioner Lyons to approve the Quarterly Finance Report as presented. Motion carried unanimously. Item 11. Consider and Take Appropriate Action on Quarterly Investment Report by Finance Director Chris Sharp. Assistant City Manager Chris Sharp presented the Quarterly Investment Report. After discussion Commissioner Lyons moved, duly seconded by Commissioner Jones to approve the Quarterly Investment Report as presented. Motion carried unanimously. Item 12. Consider and Take Appropriate Action on Agreement for Alternative Payment Method with Potter-Randall Appraisal District. Assistant City Manager Chris Sharp presented an agreement between the Potter-Randall Appraisal District and the City of Canyon. Mr. Sharp said currently the City of Canyon pays PRAD one time a year Item 13. Consider and Take Appropriate Action on Livestock Permit for Alberta Evans. Director of Code Enforcement Danny Cornelius presented a permit renewal request from Alberta Evans at 510 US Highway 60 (Xtreme Grooming). The current permit requires Ms. Evans to apply for a renewal annually and if approved allows a maximum of 4 livestock animals (horses and donkeys) on the property. Mr. Cornelius provided photos of the property as well as a history of the permit requests back to 2010. Mr. Cornelius stated 5 notices were sent out to property owners within 200 ft with one response received in opposition to the permit. Commissioners questioned Ms. Evans about the condition of the property, junk around the property and outbuildings. Mayor Hinders stated he drove past the property and what he saw was not what he feels the City Commission envisioned it to be when previous permits were issued. Mayor Hinders suggested time be given for Ms. Evans to find an alternate home for the animals to be moved to. Ms. Evans stated she had been looking for a place to move the animals further out of the city limits, but finding a place she could afford had not been successful. Commissioner Remlinger asked if the privacy fence could be built around the whole property. Ms. Evans said she felt that could be done when her husband was home on leave in April. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve a Livestock Permit for 4 animals through July 1, 2018 with the requirement that a privacy fence around the entire property be in place by the end of the permit term. Motion carried unanimously. Mayor Hinders then reiterated that it may be time for Ms. Evans to move before spending a lot of money on property improvements. Item 14. Consider and Take Appropriate Action on Plat for Hix Road Unit No. 1. Director of Code Enforcement Danny Cornelius presented the Commission with a Plat for Hix Road Unit No. 1 from Clay Brett Adams of Panhandle Lodging, LLC. Mr. Cornelius stated the property is City Commission Meeting January 22, 2018 Page 5 of 6 not in the city limits, but the city has the authority to approve plats within the Extraterritorial Jurisdiction (ETJ). Mr. Cornelius stated the proposed use of lot one of the property is an RV park with 10 spaces with plans to build a home for himself on lot 2. Mr. Cornelius said the developer has signed a Developers Agreement so the property would be easily annexed when appropriate. Mr. Cornelius stated the Planning and Zoning Commission approved the Plat for Hix Road Unit No. 1 for recommendation to the City Commission unanimously. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve the Plat for Hix Road Unit No. 1 as recommended by the Planning and Zoning Commission. Motion carried unanimously. Item 15. Consider and Take Appropriate Action on Plat for Nester Estate Unit No. 2. Director of Code Enforcement Danny Cornelius presented the Commission with a Plat for Nester Estate Unit No. 2 from George Nester. Mr. Cornelius stated the proposed use of the property is for a store for the production and sale of honey. Mr. Cornelius said George and Paige Nester own the home at 5015 4th Ave, next to the proposed store. Mr. Cornelius said the Planning and Zoning Commission voted to approve the plat for recommendation to the City Commission unanimously. After discussion, Commissioner Jones moved, duly seconded by Commissioner Remlinger to approve the Plat for Nester Estate Unit No. 2 as recommended by the Planning and Zoning Commission. Item 16. Code Enforcement Annual Report. Code Enforcement Director Danny Cornelius gave a summary of activity in the Code Enforcement Department for 2017. After discussion, Commissioner Remlinger moved, duly seconded by Commissioner Jones to approve the 2017 Annual Code Enforcement Report as presented. Motion carried unanimously. Item 17. Executive Session Pursuant to §551.072 Deliberation of Real Property, and §551.071 Consultation with Attorney. Mayor Hinders indicated the Commission would adjourn into Executive Session at 6:50 p.m. Item 11. Consider and Take Appropriate Action on Items Discussed in Executive Session. Upon returning from Executive Session at 7:14 pm, the following action was taken. Commissioner Jones moved, duly seconded by Commissioner Remlinger to authorize City Manager Randy Criswell to enter into a contract to make an offer on the property located at 204 17th Street. Motion carried unanimously. Item 19. Adjourn. City Commission Meeting January 22, 2018 Page 6 of 6 There being no further business, Commissioner Remlinger moved this meeting be adjourned. ______________________________ Gary Hinders, Mayor ATTEST: ________________________________ Gretchen Mercer, City Secretary REGARDING ITEM 7 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: January 29, 2018 Re: Consider and Take Appropriate Action on Bids Received for Sealcoating – 2018 Project. Last Thursday we opened bids on the annual sealcoating project. Three bids were received. The target area this year will be the remainder of Canyon East and Hunsley Hills, north of the creek. A sketch of the project is attached. As we discussed last year, the City has been divided into 8 areas now, first to keep the projects in budget, amidst slightly higher prices and last, we believe that the extra year added to the program will not have an adverse effect on the streets. The lack of bad winters over the last several years has also been good for the condition of our streets. The total base bid quantity was approximately 186,000 square yards. The bids received ranged from $1.86 per square yard to $2.07 per square yard. The low bid was submitted by Lipham Asphalt and Paving of Aspermont at the $1.86 per square yard price. This is a $0.14 per square yard savings from last year. The total amount for the base bid was $346,462.20. A contract completion time of 45 days was also bid. Lipham has done quite a bit of our work through the years and we’ve always worked well with them, and enjoyed the quality of their work. The construction budget for this year was set at $ 357,000. We had decreased our budget for this year from a normal of $400,000. Increasing the program to eight years allowed us to do that. However as we grow and new streets are added, we’ll wind up at the previous budget levels, simply from having more to maintain. Madison Park alone will add 45,000 sy to our total. Canyon East will have added 65,000 sy, when completed. These two subdivisions will have added about 8% to our total sealcoat area. A bid tabulation sheet and award recommendation from the Engineer is also attached. The public works department concurs with the Engineer and recommends awarding the 2018 sealcoating bid to Lipham Asphalt and Paving in the amount of $346,462.20. City of Canyon REGARDING ITEM 8 AGENDA To: Randy Criswell, City Manager From: Dan Reese, Public Works Director Date: January 30, 2018 Re: Consider and Take Appropriate Action on Bids Received for Water System Improvements – 14 “ Transmission Line from Well No. 3 to Brown Road – EDA Project #08-01-05039. This is the beginning of a project to upgrade / upsize the transmission line needed for the four wells at the new Brown Road wellfield. The reason that we didn’t complete the entire pipeline with this project was the fact that we were unsure if there was enough grant funds available to construct the entire line. Also, the grant’s site certificate did not extend west of Brown Road. There is about $150,000 for construction remaining in the grant funds, of which the City’s match is 50% or about $75,000. Matching funds will be provided by the water bond money. Bids were received and opened on Thursday, January 25, 2018. We received five bids that ranged in total amounts from $ 99,437.00 to $ 189,114.00. The low bid was submitted by Scott Wampler Construction, of Canyon. We have done several projects with Wampler and have no issues in awarding the bid to them. An award recommendation letter and bid tabulation from the engineer, is attached. A sketch of the project area is also attached. As you can see, this bid will not expend all of the grant funds. The EDA has been very cooperative during the whole process, and hopefully we can broaden the grant area enough to complete the transmission line during another project and use the remaining $50,000 or so, to our advantage. We hate to have to return any grant funding when we can get work done for fifty cents on the dollar. The public works department concurs with the Engineer in recommending that the bid of Scott Wampler Construction Services be awarded for this project in the amount of $ 99,437.00. City of Canyon Brown Rd. Transmission Line Data displayed were gathered 01/30/18 16:38 by the City of Canyon for municipal purposes. No guarantee is made regarding suitability for any other use or purpose. REGARDING ITEM AGENDA To: Mayor and City Commission From: Chuck Hester, City Attorney Date: December 29, 2017 Re: Consider and Take Appropriate Action on Recommendation to Terminate Contract for Collection Services Regarding Court Fees and Fines. ________________________________________________________________________ In February of 2005 the City of Canyon entered into a collection services contract to assist with recovery of fines and court cost due the Municipal Court. A copy of the agreement is attached. The Texas Code of Criminal Procedure, ART 103.0031 authorized Municipalities and Counties to enter into private or public third party debt collection agreements such as the attached agreement. The reason for the 2005 agreement, in short, was the challenge of proper personnel selection in the position of Municipal Court Clerk. There is always a high volume of cases in Municipal Court and inevitably no shows by pro se defendants and even attorneys which required follow up and attention. The primary problem was that the required follow up could not occur unless the cases were maintained on a docket and accurate records of disposition and current status were available to the Judge and Prosecutor. That problem has, in my opinion, been resolved. I strongly recommend termination of the contract under the 30 day notice provision of ¶ VI for the following reasons: 1.) The original reason for the contract no longer exists. We now have an excellent, well trained and experienced Municipal Court Clerk who does a very good job of case management and record keeping overall. Her work is evaluated and supervised by the Municipal Judge. 2.) Case law and recent legislation, most notably SB 1913 requires that fines and court costs on fine only cases not be treated as debts but that the court conduct factual inquires and hold due process hearings regarding a person’s ability to pay and consider alternatives to full payment. Attached is a bench card from the Texas Office of Court Administration which outlines the recommended procedures under the new rules. 3.) Collection fees cannot be waived even if the court reduces or abates the fine and court costs in a case. The Judge is not able to mitigate the City’s liability for collection fees. Occasionally we have a Municipal defendant who is sentenced to prison. Obviously the costs and fine assessed are uncollectable and I will move to dismiss the case. City of Canyon AGENDA 4.) There are times when a defendant in Municipal Court has one or more Randall County charges. In those cases I usually work with the defense attorney to provide sufficient time to handle the pending Randall County charges. That usually means one or more continuances are granted. When the case is more than 60 days old, the defendant will began to get debt collection letters from the Perdue Law Firm even though I am actively handling the case as Municipal Prosecutor. That process creates unnecessary confusion and misunderstanding on the part of the defense attorney and the defendant and an annoyance to me. In summary, it is my recommendation that the commission authorize Randy or I to send written notice to terminate the agreement. On those occasions I have tried to contact Perdue by phone to discuss the content of their communications to our defendants or to ask them to stop interference with cases I am currently handling, I have not been able to speak to a lawyer. The three lawyers in the Amarillo office of Perdue I was acquainted with are no longer there. It would appear that the legal staff at Perdue works primarily on tax collection matters. I am not certain there is even a lawyer responsible for their Municipal collection business. We are in a position to handle our collections within the Municipal Court staff and appointed officials and would be better off without the third party contractor. Therefore, I request that the Commission authorize termination of the Perdue Contract. City of Canyon REGARDING ITEM 10 AGENDA To: Randy Criswell; City Manager From: Dale Davis, Chief of Police Date: 02/05/2018 Re: Approval of the Canyon Police Department 2017 Racial Profiling Report and annual report. Racial Profiling Report In accordance with the Texas Code of Criminal Procedure Title 1, Chapter 2, Article 2.132 (7), Racial Profiling data collected under Tier 1 reporting, must be presented to the governing body of the municipality served by the agency. To comply with the law, Chief of Police Dale Davis has provided the data to you for review. The law does not require the agency to perform an analytical exam of the racial profiling data. The law requires collection of the data for all motor vehicle stops. State law defines “Motor vehicle stops” as an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. The data is required on motor-vehicle stops, in which a citation is issued, and to any arrest made as a result of a motor vehicle stop. The Canyon Police Department made 2119 traffic stops that resulted in a citation or arrest. The number of traffic stops does not reflect the number of charges filed. Many stops result in multiple charges being filed against the driver. Annual Police Report In accordance with City ordinance Sec. 70.58 Annual traffic report, the Chief of Police shall provided an annual traffic report to the City Manager. To meet the requirement, an agency annual report was submitted for review by staff and the City Commission. I am pleased to report that the City of Canyon had a 31% reduction in crime for the year. Traffic enforcement was down 5% and automobile crashes were up 13%. Call volume remained the same from the previous year. Officer responded to 5142 calls for service, resulting in 784 offense reports. It is projected that the call volume will continue to rise with more people moving to Canyon, and the university population rising as quick. It is my recommendation that you approve the Racial Profiling and annual police report. City of Canyon Annual Report 2017 CANYON POLICE DEPARTMENT FF Table of Contents Letter to Mayor and City Commission _____________________________________ 3 Mission Statement ______________________________________________________ 4 Agency Goals & Objectives a) Training _________________________________________________________ 5 b) Embracing Change ________________________________________________ 5 c) Supervision ______________________________________________________ 6 d) Texas Police Chief’s Association Recognition ___________________________ 6 e) Police Budget ____________________________________________________ 6 Patrol Goals & Objectives_____________________________________________ 7 Detective Goals & Objectives__________________________________________ 7 School Resource Officer ______________________________________________ 7 Evaluation of Goals/Objectives a) Officer Recruitment _______________________________________________ 8 b) Law Enforcement Management Institute of Texas& Certified Public Manager _ 8 c) Agency Recognition _______________________________________________ 8 d) Crime___________________________________________________________ 8 e) Part I Index Crime Defined___________________________________________ 9 f) Traffic Collisions___________________________________________________ 9 Racial Profiling _______________________________________________________ 11 Calls For Service a) Annual _________________________________________________________ 12 b) Monthly ________________________________________________________ 13 Offense Reports a) Annual 2008-2017 _______________________________________________ 14 b) Monthly ________________________________________________________ 15 Part 1 Index Crimes a) Year comparison 2008-2017 ________________________________________ 16 b) By Offense _____________________________________________________ 17 Detective Case Assignment 2014-2017 _____________________________________ 18 Automated Fingerprint Identification System (AFIS)_________________________19 Traffic Citations Issued ________________________________________________ 20 Auto Crash a) Property Damage/Bodily Injury _____________________________________ 21 b) Comparison 2007-2016 ____________________________________________ 22 c) Monthly ________________________________________________________ 23 1 Alcohol Arrest a) DWI/DUI Minor Arrest 2008-2017 __________________________________ 24 b) Minor in Possession/Minor in Consumption 2008-2017 __________________ 25 Drug Arrest __________________________________________________________ 26 Animal Control a) Domestic Animals ________________________________________________ 27 b) Wild Animals ___________________________________________________ 28 c) Animal Bites ____________________________________________________ 29 d) Enforcement ____________________________________________________ 30 2 CANYON POLICE DEPARTMENT CITY OF CANYON, TEXAS 301 16TH Street~Canyon, Texas 79015 Dale Davis (806)655-5005~ Fax (806)655-5007 Chief of Police January 06, 2017 Honorable Mayor Gary Hinders Canyon City Commissioners City of Canyon, Texas Re: Annual Police Report- 2017 Dear Mayor Hinders and Commissioners: I want to thank each one of you for the financial support to run a professional, highly trained municipal police department. Your support provides us the capability to perform the essential law enforcement services to our community. The Canyon Police Department is committed to maintaining compliance with the Texas Police Chiefs Association best practices to assure we operate professionally, ethically, and with high integrity. The year 2017, ended with a lower crime rate in comparison to the previous year. Crime went down 31% from what we experienced in 2016. Theft and burglary reports were the most prevalent Part I Index crimes committed in the city for 2017. We saw significant reductions in both of these categories for the year. I contribute the reduction in crime to the partnership between the police department and the community. Canyon PD did not see an increase in the number of calls for service for 2017. The number of actual offense/incident reports went down roughly 13%. Respectfully, Dale Davis Chief of Police 3 Canyon Police Department Mission Statement In cooperation with the community, the Canyon Police Department is dedicated to providing law enforcement services, while promoting the agency’s goal of “Public Safety”. The police mission includes the maintenance of social order within carefully prescribed ethical, constitutional, and legal restrictions. 4 CANYON POLICE DEPARTMENT Agency Goals & Objectives Date: 01/10/2018 The major role of the Canyon Police Department is to provide the essential law enforcement services to the citizens of Canyon, Texas, while promoting our goal of “Public Safety”. This goal, along with supporting objectives, is the guiding principle by which we, the police, serve our community. It is imperative that all officers of the Canyon Police Department pursue this goal and objectives to their successful conclusion. New challenges are faced every day, with each one being unique and different. Meeting those challenges require a highly professional trained and discipline police force. One of the most pressing and challenging duties of the police chief is establishing agency goals and objectives in which all police personnel should be directing their efforts. Clearly defined goals and objectives are essential for the police, if we are to provide effective law enforcement services. I have established the following agency goals and objectives that I believe are consistent with Canyon’s community values and needs. Administrative Goals & Objectives As Police Chief, I want to promote a professionally trained and highly disciple police force, competent to provide the essential law enforcement services to the citizens of Canyon, Texas. I want to promote a learning organization-  Promoting personnel training as a high priority;  Empowering our employees to make decisions & solve problems;  Embracing change- not resisting or fearing change;  Developing effective leaders, supervisor’s, and police managers;  Formulating sound policies, based upon professional standards; and  Establishing and operating within a sound, fiscal budget. Personnel Training: Employee training continues to be a high priority within the Canyon Police Department. In 2017, personnel completed 2898 hours of training, including state mandated training. In 2018 I want to focus on 1st Line supervision, and training to address the State of Texas Sandra Bland Act requirements. The state mandated training cycle began September 1, 2017 and ends August 31, 2021. Embracing Change: Law enforcement must adapt to continuous technological changes. In 2016 CPD began reporting the crime rate to DPS using the National Incident Based Reporting model, (NIBRS), instead of the Uniform Crime Reporting System. There are few agencies in 5 the state that have migrated to the new reporting system. Our report management software company, Cardinal Tracking, is one of a few NIBR’S approved software companies. The mandated migration in Texas is slated for 2019. Due to the new Sandra Bland Act, law enforcement agencies must elevate their racial profiling data to a Tier 2 level. Our current report management system has updated their data collection capabilities to capture the Tier 2 data for TCOLE. Supervision: “The two hardest things to handle in life are failure and success.” Supervision plays a vital part in being a successful learning organization. A successful organization must have effective leaders at all level of the organization. First-Line Supervisors are critical to our success. They are responsible to direct the agency resources toward the accomplishment of our goals and objectives; they are responsible to enforce our agency goals and objectives; and they are responsible to develop their subordinates and identify training deficiencies. The current supervision structure of the agency is as follows: 1- Chief of Police 1- Police Captain 1- Patrol Lieutenant 3- Patrol Sergeants 3- Patrol Corporals Texas Police Chief’s Association Recognition: The agency should work within the set best practices of the Recognition program and assure that compliance with each best practice is maintained. It is our goal for 2018, to work toward re-recognition with Best Practices outlined by the Texas Police Chief’s Association. Police Budget: As Chief of Police, I have always submitted a reasonable budget to the Canyon City Commission, justifying the operating costs of the Canyon Police Department. In exchange, the City Commission has always provided the financial support needed to fund the Police Department. Currently, the Police Department’s fiscal budget is slightly over $2 million. Police personnel salary and benefits account for majority of the Police Department’s budget. My goal is to operate the Police Department in a fiscally responsible manner, understanding the importance of a tax-supported budget. As a fiscal planner, I budgeted for expenditures for supplies, equipment, contractual services, and training necessary to accomplish our agency’s goals and objectives. My budget goal is to provide adequate funds to operate the Canyon Police Department. My budget objectives are to operate within the adopted budget, to ensure that funds are being spent for authorized purposes, and to prevent wasteful spending. 6 Patrol Goals & Objectives The patrol force, which is the most visible component within the city, remains the primary component of the Police Department. In 2017 patrol officers drove 115,000 miles. Patrol responded to 5142 calls-for-service, which resulted in 784 offense/incident reports and 232 auto crash reports. Of the 784 offense/incident reports, the officers arrested 369 individuals. Patrol wrote roughly 5672 warnings and/or citation during 2017. 2119 of the 5672 traffic stops, resulting in 2283 finable traffic citations. In 2017, auto traffic collisions numbered 232 or a 13% increase from 2016. There were no traffic fatalities in 2017. In 2018 the patrol force goal is to increase traffic enforcement in an attempt to decrease or prevent a significant increase the number of traffic accidents. The agency has set a goal to decrease accidents by 5% and increase traffic enforcement by 5%. These numbers are reasonable and can be achieved. Patrol supervisors should identify the contributing factors of most accidents and assign directed patrol to address the violations. Detective Goals & Objectives In 2018 one goal of the Agency is to continue the reporting of recovered property to address reporting criteria for the National Incident Based report. The Canyon Police Department did a better job in 2017 assuring that majority of recovered property was documented. In 2018 detectives have set a goal to maintain or show a slight increase in solvability of assigned cases. This could be a difficult goal to meet since case load for each detective has increased, and Detectives are being utilized to cover patrol. School Resource Officer In the fall of 1995, the Canyon Police Department implemented the School Resource Officer’s Program in cooperation with the Canyon-ISD to foster safe schools. The primary purpose of the SRO is to prevent crime, to promote school safety, and to enforce the law. The SRO is responsible for the following goals and objectives:  To promote the SRO program;  To protect the integrity of the SRO program;  To provide crime prevention programs;  To promote positive interaction between the police, schools, & community; and  To ensure safe schools. The two SRO’s assigned to Canyon Independent School District are: Daniel Roach- Canyon High School, and Jimmy Hernandez- Canyon Jr. High/Canyon Intermediate School 7 Evaluation of Goals / Objectives-2017 Officer Recruitment, Retention & Training: The Canyon Police Department had 4 officers resign in 2017. Officer Cody Jones and Beau Fletcher resigned to take a job with the Randall County Sheriffs Office. The second officer was Aaron Savage. He went to work as an investigator with the Randall County District Attorney office. Officer David Knepp resigned his position with the agency. He was planning on continuing his education. The goal of recruitment, retention, and training is to maintain a professionally trained police force. The loss in law enforcement experience and training is costly to our citizen’s public safety. Law Enforcement Management Institute of Texas and Certified Public Managers: The Canyon Police Department sends officers holding the rank of Lieutenant and above, to the Law Enforcement Management Institute in Huntsville, Texas. To date, all upper command staff has graduated from the Institute. In addition to the Institute, all command staff hold the official designation of C.P.M. certified public managers, after graduating from the program offered by Texas Tech University and Southwest Texas State University. Agency Recognition: In 2006-2007, the Texas Police Chief’s Association developed the Texas Law Enforcement Agency Recognition Program, establishing best practices necessary to address the most critical tasks performed by Texas Law Enforcement. The best practices were developed by law enforcement professionals to promote sound policies and procedures, based upon professional standards or best practices, and to ensure the professional integrity of a law enforcement entity. The Texas Law Enforcement Agency Recognition Program is a voluntary process where police agencies prove their compliance with over 166 professional standards or best practices. The Canyon Police Department maintains compliance with applicable standards each day. Crime: The City of Canyon continues to enjoy a manageable crime rate. In 2017 crime decreased 31%. The goal of the agency is to educate the community in ways they can prevent becoming a victim of crime. An acceptable level of Part I index crime for Canyon ranges between 150 and 200 cases. The number of Part I index crimes for 2017 was 122. Part I Index Crimes: The NIBRS Program collects data about Part I offenses in order to measure the level and scope of crime occurring throughout the Nation. The Program’s founders chose these offenses because they are serious crimes, they occur with regularity in all areas of the country, and they are likely to be reported to police. 8 Part I offenses are: Criminal homicide ―a.) Murder and non-negligent manslaughter: the willful (non- negligent) killing of one human being by another. Deaths caused by negligence, attempts to kill, assaults to kill, suicides, and accidental deaths are excluded. The Program classifies justifiable homicides separately and limits the definition to: (1) the killing of a felon by a law enforcement officer in the line of duty; or (2) the killing of a felon, during the commission of a felony, by a private citizen. b.) Manslaughter by negligence: the killing of another person through gross negligence. Traffic fatalities are excluded. Forcible rape ―The carnal knowledge of a female forcibly and against her will. Rapes by force and attempts or assaults to rape, regardless of the age of the victim, are included. Statutory offenses (no force used ―victim under age of consent) are excluded. Robbery ―The taking or attempted taking of anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated assault ―An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Simple assaults are excluded. Burglary (breaking or entering) ―The unlawful entry of a structure to commit a felony or a theft. Attempted forcible entry is included. Larceny-theft (except motor vehicle theft) ―The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Examples are thefts of bicycles or automobile accessories, shoplifting, pocket-picking, or the stealing of any property or article that is not taken by force and violence or by fraud. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded. Motor vehicle theft ―The theft or attempted theft of a motor vehicle. A motor vehicle is self-propelled and runs on land surface and not on rails. Motorboats, construction equipment, airplanes, and farming equipment are specifically excluded from this category. Arson ―Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. Traffic Collisions: In 2017, traffic enforcement decreased 5%, and traffic collisions increased 13%. The goal is a see an additional decrease in traffic collision for 2018. Identifying and aggressively enforcing traffic violations that contribute to traffic collisions will help in achieving the goal in 2018. 9 As Police Chief, I believe that the majority of police officers want to do a good job. They just need sound policy to guide their actions, training, and good supervision. We have established reasonable and obtainable goals and objectives. I expect every employee to work collectively toward their achievement. Chief of Police 10 Canyon Police Department Partial Exemption Racial Profiling Reporting Tier 1 January 2017-December 2017 Number of motor vehicle stops: 1. 1953 Citation Only 2. 155 Arrest Only 3. 11 Both 4. 2119 Total Race or Ethnicity: 5. 102 African 6. 29 Asian 7. 1541 Caucasian 8. 443 Hispanic 9. 4 Middle Eastern 10. 0 Native American 11. 2119 Total Race or Ethnicity known prior to stop? 12. 215 Yes 13. 1904 No 14. 2119 Total Search Conducted? 15. 144 Yes 16. 1975 No 17. 2119 Total Was Search Consented? 18. 11 Yes 19. 133 No 20. 144 Total must equal #15 above 11 12 Monthly Calls-For-Service 2017 463 462 466 445 452 427 431 410 415 396 395 380 13 Offense Reports 2008-2017 1000 900 900 796 804 784 762 781 800 764 738 752 729 700 600 500 400 300 200 100 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 14 Offense Report Monthly 2017 88 76 76 68 66 64 63 62 56 58 54 53 15 City of Canyon Part I Index Crimes 200 2008-2017 183 180 178 160 136 148 140 131 126 120 132 120 116 122 100 80 60 40 20 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 16 2017 Uniform Crime Report Part 1 – Index Crimes 140 122 120 100 78 2016 80 2017 60 40 20 22 16 12 20 11 9 6 3 0 0 1 0 0 0 0 Murder Rape Robbery Assault Burglary Theft Auto Theft Arson 17 Cases Assigned Detective Division 2014-2017 600 518 443 500 346 400 293 300 200 100 0 2014 2015 2016 2017 18 Automated Fingerprint Identification System (AFIS) The Canyon Police Department was fortunate to be awarded an AFIS computer from the PRPC. PRPC learned that our agency was progressive in crime scene latent print detection and processing. With the help of Sgt. Bruce Evans, RCSO, we were able to land an instrument at no charge to the City of Canyon. This computer, and other hardware, uses digital imaging technology to obtain, store, and analyze fingerprint data. Currently the instrument is housed in the basement at City Hall. The benefits of this machine are priceless. In the past, our latent prints were taken to Randall County Sheriff’s Office for processing. For the year, 142 latent prints were scanned into the Canyon PD AFIS machine. There were 13 positive matches found for 6 different cases. Ten print cards as well as known prints are incorporated into a latent print data base. 19 Monthly Traffic Citations Issued 2017 296 271 222 220 205 190 170 168 163 162 118 98 20 Canyon Police Department Auto Crashes 2017 Fatality 0 Bodily Injury 38 Property Damage 194 21 City of Canyon Traffic Collisions - 2008-2017 300 250 245 245 232 200 221 200 202 206 186 188 184 150 100 50 0 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 22 Monthly Traffic Collisions 2017 26 23 21 22 21 19 20 16 17 16 14 12 23 Drunk Driving Arrest 2008-2017 137 137 113 101 99 85 80 78 83 71 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2017: Adult- 66 Minors- 17 24 Minor in Possession/Consumption of Alcohol by Minor 2008-2017 290 252 261 250 241 209 145 136 117 56 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2017: Minor in Possession- 17 Minor in Consumption: 39 25 Canyon Police Department Drug Arrest 2017 120 103 100 78 80 60 40 17 20 0 0 0 Opium, Cocaine Marijuana Synthetic Narcotics Other Non-Narcotics Drug Paraphernalia 26 Animal Control Domestic Animals 2017 Dogs Returned, 98 Dogs Impounded, 176 Cats Impounded, 225 Cats Returned, 4 27 Animal Control Wild Animals 2017 Racoons, 25 Possums, 89 Skunks, 74 Misc., 36 Squirrels, 25 28 Animal Control Animal Bites 2017 12 4 0 Dog Bites Cat Bites Declared Vicious 29 Animal Control Enforcement 2017 Citations, 17 Warnings, 102 30 REGARDING ITEM 13 AGENDA To: Mayor and City Commission From: Randy Criswell, City Manager Date: February 5, 2018 Re: Strategic Planning Session. Since we need all five of you present, we have rescheduled the Strategic Planning Session for Thursday, February 22. It will be at the Mack Dick Pavilion in Palo Duro Canyon at 10:30 am. This seemed to be a day that everyone could make work. City of Canyon FEBRUARY 2018 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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