August 28, 2019 - The Joaquin City Council was faced with a complicated situation Tuesday night, August 20, 2019, following the recent firing of the city’s public works director by the mayor.
Several items on the agenda were scheduled for executive session with one being, “Mayor cannot terminate an employee without Council approval.”
The executive session lasted just under two hours. Immediately following the opening of the meeting, the council went into executive session with their attorney at 6:06pm. During that time they called Stacy Cranford in to speak with him and after he exited from the meeting room, Perry Pugh, former public works director, entered the meeting room.
Once the council completed their executive session, they returned to open session at 8:02pm following which a motion carried by council member Mike Cummings, Jr., and seconded by Jessie Griffith, in relation to the Public Works position to offer Pugh a position based on terms and condition discussed by the council in executive session. Although this was the motion, the council did not elaborate to the public what those terms and conditions were.
A motion then carried to offer a part-time employee position in front office personnel.
The next agenda item up for consideration was, mayor can not terminate an employee without council approval. Although the meeting had just come out of executive session, Council member Krystal Raybon asked, "didn't we table that?" Mayor Baker said, "somebody's gotta say they tabled it then." Cummings stated the council tabled the item as they're awaiting further advice from their attorney. No vote was heard.
Council then heard an audit presentation from Axley and Rode representative Eric Carver.
The council had an open forum for members of the community to speak about agenda items. Dub Alford stated he and others on his road don't wish to be annexed into the city. He said others on his road who he knows do not wish to be annexed by the city include his own children, as well as Jonathan Creech, Larry Hennigan and his son.
"Everybody down there's got their own water. I've got an aerobic system. The way I look at it, before the city annexes anymore, they need to take care of what they've got," said Alford. "That sewer system y'all have got down there on (U.S.) 84 for Nu-Way and all them and that well beside the church and Brookshires, that little system is way overloaded."
Steve Ewing said he mirrored some of what Alford had to say and he said most everyone down FM 2787 doesn't want to be inside the city limits.
"I talked to Bill yesterday and he told me this was kind of about sales tax and bringing in more businesses. None of the areas where you're wanting to expand include any businesses that are going to generate anymore sales tax," said Ewing.
He elaborated stating there isn't anyone wanting to be on city services in that area, and nowhere to generate more sales tax. It was his opinion there wasn't any good reason to annex that area.
Ewing reiterated fixing and taking care of what the city already has before expanding, which could also be a selling point in the future to potential customers if the city were to then expand.
Steve Cockrell explained he's had many occasions to call Perry Pugh to work on the water system, including at night, and several of those times if he had not shown to work on the water system there wouldn't have been school in the morning as a result of the outage.
Cockrell asked Cummings, after being on the council for two years what he has against Perry Pugh. Before Cummings was instructed by mayor Baker he couldn't speak, Cummings stated he had nothing against Pugh.
Donna Pugh stated her concerns for the people of the town to know who they elected mayor.
"I don't see anybody that can stand up and order people to go out and do a job, go out and work on the roads, that's all what you do, 'but you start with my road first.' 'Then don't worry about John Doe's road down there, because they're not registered voters," said Pugh. "I think the town deserves the right to know just what they put in office, and I think you are trash."
Jessie Griffith stated the Joaquin Volunteer Fire Department has just added 10 Emergency Medical Responders to the fire department.
"When you call for an ambulance that comes out of Center, you're going to save 15-20 minutes if you can get somebody there now," said Griffith.
He remarked there were several present for the meeting and they all trained nights to be able to get their certifications.
Griffith invited Chief Perry Pugh to stand and he told of an incident in which Chief Pugh saved someone's life. He said a man pulled into Dean's Hardware in Joaquin and used their phone to call 911 as his wife was experiencing a heart attack.
With a 20-minute wait for an ambulance, Chief Pugh was contacted and he alerted other first responders.
"Not only did he alert first responders, he said what the problem was, which helps us know what we need when we get there," said Griffith.
Griffith then presented Pugh with a plaque for his quick thinking and selflessness during a life-saving emergency.
Barbara Pridgen spoke on behalf of Vicky Spradley who delivered a letter in the event she could not make it to the meeting. Spradley desired there to be a beautification ordinance in the city of Joaquin.
According to Spradley, she has had a difficulty with trash on her property from the neighboring oil change location, owned by Steve Windham. She stated she has reached out to him many times over the years and has contacted Constables Billy Hearnsberger, and Roy Cheatwood about the problem as well as Bill Baker, all of whom Spradley says Windham has assured something would be done.
Spradley suggested she would win a case were she to take it to court; however, stated she does not want to do that.
The council discussed restricting trail rides in city limits councilman Frankie Cooper explained his concern is over private gatherings within the city limits where large numbers of people congregate with horses. He explained his concern had nothing to do with any trail rides which may travel through the area.
Other council members confirmed with Cooper he was not talking about the Old Spanish Trail Ride which travels through the area once a year. He also was talking about crowds of 400 - 500 people at a residence.
Cummings asked Cooper if the council were to adopt an ordinance, how would it be enforced without law enforcement specific to Joaquin. Cooper explained that is why he is bringing up the matter currently for the council to discuss and consider options.
A motion carried to table the item to get more information.
The council discussed potential action on utility leaks. Councilman Griffith stated he has learned there are rental locations around Joaquin that when people get their utilities connected there are leaks. As a result renters end up with utility bills in the $300 to $500 range and they leave without paying the bill.
He proposes when a utility is turned on, and if it is determined there is a leak, the city locks out the utility until the leak is repaired on the owners side.
A motion carried, if the utilities are turned on at a residence or business and there is a leak for the meter to be locked out until the leak is fixed.
Another item the council discussed is taking bids for hiring an engineer to build a sewer plant. Griffith said he has been on the council for three years and there has been a lot of discussion on the need for a new sewer plant. He said he would like the city to take bids to get an engineer to see what it will cost.
Stacy Cranford said the city does have an engineer already and he would begin looking at potential costs and begin working toward a USDA grant to help with funding. The engineer already posited a potential cost of $2 million to $2.5 million.
A motion carried to table the item until they get more information from the engineer.
In light of the dire situation with Joaquin's sewer system, Cummings proposed guidelines for new construction (commercial or residential) to require the installation of aerobic sewer systems in the city until there is a new sewer system, or the current one is refurbished.
The council considered whether they can legally perform that action, and discussion continued about if the city is required to provide the city services.
Councilwoman Cathy Atkinson said the city has up to five years to provide city utilities.
Cranford said if utilities are running in front of an individuals property, they can't be denied services. Cummings said requiring an aerobic system installation of those where utilities are not currently available would be a way to prevent the city over extending itself.
A motion carried to table the potential aerobic system directive until Cummings consults with Texas Municipal League to find out what the city can legally do.
There is a truck that belongs to the city and used to belong to the fire department which Griffith proposed the city auction in order to help fund emergency medical equipment for the use of Emergency Medical Responders.
A motion carried to perform a title search on the truck and if it's clear, auction the truck for medical supplies for the Emergency Medical Responders.
Item 15 on the agenda was to consider annexing certain areas around Joaquin. Mayor Baker said he desired the item to be tabled because he didn't want to get into it. However, there was no motion or second by the council and there was no vote. The meeting moved on to the next agenda item.
The next item on the agenda was discussing the following of employees while they work. Griffith said their have been council, residents and citizens following city employees while they work.
"Working on the ambulance, I've had people do that to me for years. I went to school to do what I do. These people that work for the city have went to school to do what they do, they know what they're doing," said Griffith. "Quit harassing these people. You're getting people upset and when you get people upset you're going to have accidents. Call it a hostile work environment, whatever."
Mayor Baker called a halt to Griffith's discussion and asked if it was truly an action item, which Griffith said it was. Raybon said they can't take action on people being nosy or on a supervisor.
Griffith said if the council is following employees around, then they need to stop.
"Well if they're doing their job they shouldn't be looking over their shoulder then, I don't think. What are you looking over your shoulder for if you're doing your job," said Baker.
He said if it is an action item to put it in the form of a motion.
Mayor Baker said he is following employees around to see what they're doing.
Raybon said that should be his right during daily operations, "and I'm sorry, we've already got a lawsuit for negligence on safety and things like that."
Griffith moved to table the item. There was no second and no vote.
The last item on the agenda was to adjourn. Raybon made a motion to adjourn.
Present during the meeting at the request of the city were Constables Roy Cheatwood, Zack Warr and Newton Johnson Jr.
Baker later spoke with Shelby County Today and confirmed he fired Perry Pugh as public works director. The council voted to offer him a job at a lesser position and pay.
Agenda items approved during the meeting include: 1. Council reconvened from executive session and possible action on matters discussed in executive session. 2. When the council returned from executive session a motion carried to offer Perry Pugh a different position. 3. Offer a part-time employee position in front office personnel. 4. Approval of the previous month's minutes. 5. Payment of Bills. 6. If utilities are turned on at a residence or business and there is a leak for the meter to be locked out until the leak is fixed. 7. Adjournment Agenda items tabled during the meeting include: 1. Restricting trail rides in city limits. 2. Taking bids for hiring an engineer to build a sewer plant. 3. New construction (commercial or residential) to install aerobic sewer system 4. Perform a title search on the truck and if it's clear, auction the truck for medical supplies for the Emergency Medical Responders. Agenda items where no action was taken: 1. Mayor can not terminate an employee without Council approval. 2. Extend all city limits (Connells Ferry Rd to county line); (Faulkville Rd to Hwy 84 down to Mr. Freeman's house) 2428, Hwy 84, Hwy 7 S, 139, 2787 -- half a mile and any other state maintain roads that we may add in this discussion (Fm 3174 to Hwy 84); from city limits (corner 3174) and state maintenance ends. 3. Following the employees while they work.
