Regular Meeting Minutes November 11, 2013

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1 Regular Meeting Minutes November 11, 2013 REGULAR CITY COUNCIL MEETING CITY OF BALCH SPRINGS NOVEMBER 11, :00 PM MINUTES Identification of a quorum. Present: Councilman Taylor Councilwoman Burnett Councilwoman Rushing Councilwoman Schneider Councilwoman Adams Mayor Pro Tem Smith Mayor Gordon A quorum was present and Mayor Gordon called the meeting to order at 7:01PM. Staff: Charles Fenner, Interim City Manager Cindy Gross, City Secretary Ed Morris, Police Chief Randy Smith, Interim Fire Chief Chris Dyser, City Planner Sandy Gallion, Librarian Deborah Jessup, Municipal Court Director Monte Akers, City Attorney Invocation was given by Pastor Derek Lewis, Love and Grace Community Church. Pledge to the US Flag and the Texas Flag was led by Deputy Chief Haber, Balch Springs Police Department. Mayor Gordon welcomes citizens and guests. City Secretary and Items of Community Interest: November 15th - 16th - City-Wide Garage Sale (Sponsored by the Balch Springs Fire Department) Civic Center Elam, benefitting the food pantry. November 18th - Court Sponsored Anti-Bullying Program at Floyd Elementary. November 21st - Balch Springs Goes Green in honor of the "Ask Not.. Day of Service. December 14th - Balch Springs Fire Department 1st Winter Open Men's Charity Softball Tournament at Irwin Park. December 14th - Christmas Parade and holiday celebration, 7pm. Page 1 of 7

2 November 28th and 29th - City Hall will be closed for the Thanksgiving holidays. Santa Cop is collecting toys for the needy families again this year contact Marsha at the Police Department Mayor Gordon announced that Don Hamon has resigned as the City Manager and that Mr. Charles Fenner is the new Interim City Manager. Presentation(s): Ceremony. Presentation by Planning and Zoning Department to the Balch Springs City Council regarding the Walter E. Luedeke Park Ground Breaking Citizen Comments. Chris Dyser with the Planning and Zoning Department presented the Balch Springs City Council a plaque to commemorate the Ground Breaking Ceremony for Walter E. Luedeke Park. Speaker: Howard Williamson, Old Elam Rd., B.S., Tx Subject: Spoke to the City Council regarding the street repairs. Speaker: Linda Pineda, 4113 Woodbury Road, B.S., Tx Subject: Veterans Day Celebration was a great success and City Charter provision pertaining to residency requirement for Place 4. Mayor Gordon closed citizen s comments. CONSENT AGENDA A. APPROVAL OF MINUTES: 1. October 14, Regular Meeting 2. October 28, Regular Meeting 3. November 4, Workshop and Special Meeting B. City Attorney s bill. C. City Prosecutor s bill. D. Approval to award a bid to B&C Concrete to repair Mercury Road in the amount of $14, E. Approval to repair the Caterpillar for the Public Works Department in the amount $3, F. Approval of the ebook contract for the Balch Springs Library/Learning Center in the amount of $3,000. G. Approval of a lease agreement with Agendaese paperless meeting packet system. Page 2 of 7

3 Councilwoman Schneider moved to approve the consent agenda with exception of item "D". Second by Councilman Taylor. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. PUBLIC HEARING(S): A. Conduct a public hearing regarding an application No RP, by Misk Realty Corporation LLC., to replat one lot into two lots for property located at 2650 Hickory Tree Road. Mayor Gordon Opened the Public Hearing at 7:18PM. No one spoke in favor or opposition of the application No RP, by Misk Realty Corporation LLC., to replat one lot into two lots for property located at 2650 Hickory Tree Road. Mayor Gordon closed the Public Hearing at 7:18PM. REPORTS/UPDATES: 1. Update on proposed organizational chart, budget, personnel matters, and effective tax rate to lower property tax. Mr. Fenner updated the city council regarding the proposed organizational chart, budget, personnel matters, and effective tax rate to lower property tax. 2. Update regarding Luedeke Park. Staff updated city council regarding the progress of Luedeke Park. INDIVIDUAL ITEMS: D. Approval to award a bid to B&C Concrete to repair Mercury Road in the amount of $14, Councilwoman Schneider moved to award a bid to B&C Concrete to repair Mercury Road in the amount of $14, Second by Councilwoman Burnett. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 1. Consideration and action regarding approval of an application No RP, by Misk Realty Corporation LLC., to replat one lot into two lots for property located at 2650 Hickory Tree Road. Councilwoman Rushing moved to approve the application No RP, by Misk Realty Corporation LLC., to replat one lot into two lots for property located at 2650 Hickory Tree Road. Second by Councilwoman Schneider. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. Page 3 of 7

4 2. Consideration and action regarding appointments to the Charter Review Commission for the May 2014 Election. Councilwoman Rushing moved that the city council appoint the Charter Review Commission at the next meeting (November 18, 2013). Second by Councilman Taylor. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 3. Consideration and action to initiate the process for selecting a new Fire Chief. Councilwoman Schneider moved to postpone initiating the process for selecting a new Fire Chief until after the first of the year. Second by Councilwoman Burnett. Councilman Taylor moved to amend the motion to request that the council receive a letter from the Balch Springs Fire Fighters Association by the next city council meeting expressing their expectations and aspirations on the selection of the Fire Chief. Second by Councilwoman Rushing. Council Member Taylor asked representatives sitting in the audience whether the letter could be prepared and received an affirmative response. Mayor Pro Tem Smith moved to consolidate the two motions together and proceed forward and call for the vote, so that the letter will be requested and the process for selecting a Fire Chief will be delayed until after the first of the year. Second by Councilwoman Burnett. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 4. Consideration and action to initiate the process for selecting a new City Manager. Postponed until after the executive session. 5. Consideration and action regarding approval to change the City Council regular meetings scheduled for November 25, 2013, to November 18, 2013 and December 23, 2013 to December 16, 2013, due to the holidays. Councilwoman Adams moved to approve the change of the City Council regular meetings scheduled for November 25, 2013, to November 18, 2013 and December 23, 2013 to December 16, 2013, due to the holidays. Councilwoman Rushing. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 6. Consideration and action regarding approval of FY '13 '14 City Council Calendar & Action Plan. No action taken. 7. Consideration and action regarding an ordinance regarding the use of city-owned property. No action taken. Page 4 of 7

5 8. Consideration and action to approve the purchase of an antivirus program for the computer network. Councilwoman Schneider moved to approved the purchase of an antivirus program for the computer network. Second by Councilwoman Rushing. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 10. Consideration and action regarding approval of Consolidation Action Steps, with associated tasks and timelines, to assist the Transition Team with development of the Consolidation Plan & Implementation Schedule, and to ensure continuity in the delivery of all municipal services of the City of Balch Springs and the Dallas County Water Control & Improvement District No. 6 per Joint Resolution No Councilwoman Rushing moved to proceed with the previously approved consolidation steps that are already in place. Second by Councilman Taylor. Council and staff held a discussion regarding associated tasks, timelines and target dates. Councilwoman Rushing withdrew her motion and Councilman Taylor with withdrew his second. Mayor Gordon stated that executive session item 11A has been requested to be placed in open session. Mayor Pro Tem Smith moved to table executive session 11A indefinitely. Second by Councilwoman Schneider. Voting for this motion were Councilman Taylor, Councilwoman Schneider, Mayor Pro Tem Smith and Mayor Gordon. Voting in opposition were Councilwoman Burnett, Councilwoman Rushing and Councilwoman Adams. Motion passed. (4-3) Council recessed at 8:39pm. NOTICE OF EXECUTIVE SESSION 11. Council to hold Executive Session under Sections (Advice of Attorney) and (Personnel) with regard to a matter that is the duty of the attorney to consult with Council and falls under the attorney-client privilege or with regard to a matter that involves litigation or contemplated litigation or claims, of the Texas Government Code: A. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, resignation, or dismissal of the Chief of Police. Council convened into closed session at 8:42pm. B. Discussion of the duties of Councilmember Charlene Rushing and Letter of Admonition for violation of Sec Code of Conduct (3) on Monday, October 14, C. To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, resignation, or dismissal of the Interim City Manager. Page 5 of 7

6 D. Status update concerning legal issues pertaining to consolidation of Dallas County Water Control and Improvement District # Take action, if any, on matters discussed in Executive Session. Council reconvened into open session at 9:54pm. Mayor Pro Tem Smith moved to declare District 4 seat vacant. Second by Councilwoman Schneider. Mr. Akers stated that motion is not consistent with what is on the agenda and he would prefer that an agenda item come back at the next meeting with the correct language. Mayor Pro Tem Smith amended his motion that the correct language come back on November 18, 2013, to declare District 4 seat vacant and that Councilwoman Rushing be censured per Section 2-44 Code of Conduct for the next two meetings. Councilwoman Schneider accepts amendment. Voting for this motion were Councilman Taylor, Councilwoman Schneider and Mayor Pro Tem Smith. Voting in opposition were Councilwoman Burnett and Councilwoman Adams. (Councilwoman Rushing not voting per City Attorney's advice). Motion passed. (3-2) Councilwoman Schneider moved that the city attorney draft an ordinance for review for the next meeting regarding procedures of how information is disseminated from the city council. Second by Mayor Pro Tem Smith. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. Councilwoman Burnett moved to approve the City Manager's contract with Mr. Fenner with the following changes; 1) majority of all councilmember's; 2) non renewal of the contract (3) months' severance; 3) severance (6) months for salary only not benefits; 4) 90 day notice without cause. Second by Councilwoman Rushing. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 9. Consideration and action regarding approval of representatives for accounts held with Prosperity Bank. Councilwoman Schneider moved to remove Don Hamon from all City accounts and add Charles Fenner to all Prosperity Bank accounts, making the authorized signers for all City accounts at Prosperity Bank Carrie Gordon, Charles Fenner and Cindy Gross. Second by Councilwoman Burnett. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. 13. Announcements, requests for information, and/or new business to be placed on future agendas. Councilwoman Adams - Investigation of the complaints within the Police Department per Mr. Hamon's resignation letter. (12/9/13) Councilwoman Schneider - an ordinance to extend the school zone to Hickory Gardens. Councilwoman Rushing - staff to look into the time frames for school zones. Page 6 of 7

7 14. Closing prayer. Councilwoman Rushing gave the closing Prayer. 15. Adjourn. Councilman Taylor moved to adjourn. Second by Councilwoman Burnett. Voting for this motion were Councilman Taylor, Councilwoman Burnett, Councilwoman Rushing, Councilwoman Schneider, Councilwoman Adams and Mayor Pro Tem Smith. Motion passed and Mayor Gordon adjourned the meeting at 10:15pm. PASSED AND APPROVED AT A SPECIAL MEETING HELD ON NOVEMBER 18, Mayor City Secretary Page 7 of 7

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