The officers accused David Carmichael of threatening an umpire during a game on May 17.
“If nothing’s done, it sends the wrong signal,” said DPS Capt. Jeremy Rowland, who is the LL’s safety officer.
Mayor George Hernandez read a letter of apology from David Carmichael, who did not attend the meeting. Carmichael claimed he did not threaten Arriaga and that his wife did not call Arriaga stupid.
After he was asked to leave the game, Carmichael said he returned to offer Arriaga an apology and to offer a handshake.
He was again asked to leave the premises.
Rowland told the council that Freddie Arriaga was umpiring the game when David Carmichael’s wife, Julie Carmichael, began arguing with the umpire.
Arriaga said he warned Carmichael to stop or be evicted from the game.
Rowland said Julia Carmichael’s husband then threatened Arriaga and asked him to meet him in the parking lot, which Rowland described as a terroristic threat.
“We want to make sure he doesn’t show up for a year,” Rowland said. “If we don’t take some action now, it could be worse next year.”
City council member Debra Bolcik said she was there when David Carmichael returned. He was asked to leave twice, according to Bolcik.
“He got as far as the dugout,” Bolcik said.
The council member said an officer told Carmichael she would “call the cops if he didn’t leave and that he is banned.”
Rowland said the criminal trespass order would allow law enforcement to arrest him, should he show up.
“Right now, it’s a civil matter,” Rowland said.
The mayor said the city is not liable for a decision or action taken by the LL board.
“We will defer the decision to our attorney, Donald Kubicek,” Hernandez said. “Let’s get a decision from the person we’re paying to make these decisions.”
Council member Jimmy Blaschke told LL representatives Tim Moses, Arriaga and Rowland, “I believe the support is to do what needs to be done,” should the city attorney have a different opinion.
The council also will defer another decision to the city attorney regarding the legality of gaming machines.
Timothy Dickey, who plans to open a gaming room, asked the council to pro-rate their fees as per the town’s ordinance since half of the year is gone.
“All permits expire on Dec. 31 every year,” Dickey said.
Dickey said he has 40 machines in a warehouse slated for Woodsboro.
Blaschke asked Dickey if the business is legal.
Dickey said he would operate within the law, he will close on Sunday, and he will not allow loitering or drugs at his business.
Blaschke asked Dickey to put off opening until the council meet next month.
In sewer plant matters, the council voted to postpone purchasing a $48,750 oxidation unit from Corpus Christi Coating & Machine until the new budget year. Instead, they voted to repair the old antiquated unit at a cost of approximately $6,000.
“If we have to, the company will rebuild it and give it a go and see how long it lasts,” said Wesley Childers. “I just hate to throw the city’s money away.”
Childers said the old unit will fail, despite repairs, and it operates inefficiently.
“I don’t want to (repair it), but we’ve got to,” Hernandez said. “If we lose the old aerator, we’ll go septic quick.”
In other matters, the council:
• Set the date for the Back to School Bash tentatively for Aug. 13,
• Accepted a proposal from Goldman, Hunt and Notz for the 2010-2011 audit,
• Voted not to take any action on hiring a new public works officer,
• Approved a request from the Lions Club to use the Square for its July 4th celebration,
• Set the hurricane cleanup of brush and lumber for July 25,
• Accepted code inspector Mike Henry’s recommendation to demolish structures at 201 Wood Ave., 320 Second St. 515 Ashby and 309 Vance St.