January 21, 2017 - (This article has been updated to include input from members of the community) - The Center City Council meeting on Monday, January 23, 2017 was well attended by concerned property owners from around the city.
Among the property owners attending were Roscoe McSwain, J.B. Raymond, James Raymond, Basil Slatter and Terry Bailey.
A main concern for these individuals was an ordinance amendment the council was considering in relation to individuals who may be shooting within a certain range of the Center city limits. A clarification made by Chad Nehring, Center City Manager, is this amendment is only pertaining to shooting across property lines within the designated distance and the suggestion Shelby County will not prosecute such cases.
Once the meeting came to order the minutes of the Monday, January 9, 2017 meeting were approved.
The agenda indicated the approval of, "Ordinance 2017-02 Regulating the discharge of firearms within and 5,000 feet of adjoining the city limits," which during discussion was reduced to 1,000 feet and was approved.
Mayor David Chadwick confirmed the amendment is already state law and he stated the point is the property line between neighbors.
"So, it does not prohibit you from firing a firearm, if your property is large enough that you would not be crossing a line," said Mayor Chadwick. Nehring Responded, "That's correct, that's my understanding of state law."
Chief Jim Albers shared his opinion and he was of the belief going out 100 yards (300 feet) would be sufficient and a reasonable distance for his officers to judge that someone should not shooting indiscriminately at that range. He also said 5,000 feet he would have an issue with.
Dr. Randy Collard, councilman, inquired if the city has the ability to regulate distances in proximity to just the parks.
Nehring stated, "You could establish whatever perimeter you want. The state law limits 5,000 feet from the existing city limits, which is where you have a variety of legal controls."
A motion by Howell Howard was seconded by Leigh Porterfield and it carried.
Resolution 2017- 04 in support of the Texas Forest Country Partnership SET Program was next to be approved by the council. Nehring explained this is a part of the regional groups with which the city of Center is involved.
Jim Gibson, Assistant City Manager, shared he and Jerry Lathan, councilman, have attended several meetings for the program and he described the SET program as being a regional economic development plan.
A motion carried to approve the resolution.
The council approved Resolution 2017- 05 TCDP #7214182 contract closure authorizing final payment and release of retainage.
Nehring stated this project was a continuous fight and it included most of the sidewalks on San Augustine Street, Austin Street, Shelbyille Street, and part of Cora Street.
"This is final payment, it's original budget, it's within the grant funds that were provided by the state and TDA. And this will close that contract and allow final payment," said Nehring.
Award of bid in the amount of $134,900 to Duplichain Contractors LLC for wastewater treatment plant bar screen improvements was approved.
Award of bids for utility operations chemicals including chlorine from Brenntag at .30 per pound and caustic from DPC at $1.82 per gallon were approved.
Council approved the authorization of contract and sole- source acquisition of utility chemicals.
A motion carried to postpone any planned appointments on the agenda until the next meeting.
Extensive discussion in regards to Ordinance 2017-02 was heard following the agenda items up for approval.
Roscoe McSwain, property owner and county commissioner, addressed the council because he stated there are already laws to enforce shooting incidents. He also feels the city is putting a hardship on those property owners within the range of their regulated distance and he said it effects himself, H.B. Sparks, L.D. Hibbard, Dr. Derek Grant, the Hughes family and Terry Bailey.
"That's my property and I pay my taxes, I should not have nobody out there enforcing a law about shooting a gun on it. The Chief hit the nail on the head, when he said 300 feet around that park, that's ideal because that's where our danger is and that's what we was concerned about. Nobody is debating that," said McSwain.
He said that taking the distance of 1,000 feet around the city limits and not just the park effects everyone that owns property around there and anyone's right's to hunt if someone complains to the Center Police Department.
"I'm not saying they're going to run out and mess with everybody, but we know how the public is about complaining about everything, and I think it's getting unconstitutional to infringe on my rights to shoot on my property outside the city limits," said McSwain.
Chief Albers said this amendment facilitates the city's ability to prosecute such cases in municipal court. Nehring agreed and explained it takes the prosecution out of the county attorney's hands and gives the municipal court that power.
Terry Bailey inquired if on his 500 acres just off Loop 500 which could theoretically be high fenced for him to hunt deer and at least portions of that property are within the 1,000 feet if someone could just call whenever he fires at a deer.
"So, every time it goes off I'm within 1,000 feet of the city, they can just make a phone call and then someone can just come on the property to investigate to see where we're at, or what's going on. I think y'all are opening a big can of worms here," said Bailey.
JB Raymond stated he had 400 acres guaranteed to be within the city limits, and Chief Albers indicated if no one is shooting over a roadway they don't have a problem. Howell Howard, councilman, stated there already are laws in place allowing law enforcement to check on activity when someone calls it in. Raymond asked for clarification on exactly what passing this amendment is doing if there already are laws in place.
"It allows it to be prosecuted in municipal court instead of in county court where it's been ignored," said Nehring.
A question came from the audience if anyone was prosecuted by the city or the county in the shooting incident from CR 1000 across from the softball complex.
"The D.A. wouldn't press felony charges and then county court just wouldn't do anything," said Nehring.
Another question from the audience inquired if the incident was against the law when it occurred and if it was not able to be prosecuted, then how would the city be able to handle the additional area they have adopted to include.
Basil Slatter inquired why if incidents such as the one in question are not prevalent is the city pursuing the amendment, "If this has never happened before, and we haven't proved that the guy was shooting at the officer or that the incident was going on and it's never happened before, why are we doing all this now?
Slatter suggested instead of adopting the blanket ordinance amendment, maybe the city and county need to have more cooperation.
Mayor Chadwick stated that would be what they really would like to have and if the county chose to monitor such situations more closely the city position could change.
James Raymond asked the council if they have reached out to the county as there were two county commissioners in the audience during the meeting, McSwain and Jimmy Lout. Mayor Chadwick stated the city's point of contact would have been Sheriff Willis Blackwell.
"Really what I think it boils down to is the city just needs a new mechanism to address, when something egregious occurs, we're not going to be surveilling for all that kind of stuff, but if something egregious occurs we need a mechanism in place to be able to try and address it," said Leigh Porterfield.
Michael Creel, the man implicated in the incident from which the ordinance amendment is said to have stemmed from, spoke to the council about the night of his arrest.
"I never shot in the direction I was accused of shooting at, never shot at police in my life," said Creel.
To him the timeline of events didn't make sense as he said it was 40 minutes from the time he was shooting until police arrived at his home.
"I didn't get arrested, or actually assaulted until about 40 minutes later," said Creel. McSwain asked for an explanation of his statement. "Assaulted on my front porch 40 minutes later, if they were taking shots, like they claim they were, bullets whizzing past their heads, one there'd be [impact points] there'd be shots dug up on the other side of the road."
Creel claimed he was shooting in a westerly direction and not a more northerly direction toward the softball fields or the officers. He stated the reason he was attending the meeting was he didn't want the public under the impression he was the reason for the new ordinance.
Mayor Chadwick stated no one was aware of the situation until it was brought to the council's attention
Center Police Chief Jim Albers said officers are only going to be responding to somebody who complains and says that they feel like a bullet was shot across the roadway toward them.
"In other words they've got a complaint and we would have to check into it, but I'm telling you in the eight years I've been here I've had this happen once so I'm not looking to that this is going to be a big issue. The officers that were out there that night at the ballpark said that they felt like the bullets were coming over there heads," said Albers.
Albers said his officers did call for backup on the night of Creel's arrest and with only two officers on duty it takes a while for backup to arrive.
Nehring said they are not going to sit there and litigate the issue and Mayor Chadwick stated it was moving in a level of discussion they would rather not go into. He said they would monitor how the amendment works and seek input.
Following discussion, the meeting was adjourned at 5:54pm.
