Disclamer. Due to Technical difficulties, portions of this meeting were joined in progress. I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, Mayor Pro Tem Gayle White, SMD 2 Dale Sturgeon, SMD 3 John Warren, SMD 4 Division Directors: Burton Barr, Community Services Clint Ishmael, Fire Services Terry Leake, Finance Debra Powledge, Human Resources Rob Severance, Police Services Administration: Dan O’Leary, Interim City Manager Steve Polasek, Deputy City Manager Shelly Doty, City Secretary Ivy Peterson, Deputy City Secretary Fritz Quast, City Attorney Department Heads: Willie Resto, Information Technology Media: Matt Smith, Times-Review II. INVOCATION by Rev. Jim Cloud, North Cleburne Baptist Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – Delinquent Tax Collection Report, presented by Bruce Medley with Perdue, Brandon, Fielder, Collins & Mott, LLP
All of the following items on the Consent Agenda are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. APPROVAL OF MINUTES FOR THE OCTOBER 25, 2016 COUNCIL MEETING. RS1. A RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR THEIR ANNUAL CONTRIBUTION FOR CITY-COUNTY TRANSPORTATION SERVICES. Person presenting this item: Grady Easdon, Transportation Manager BRIEF: City/County Transportation wishes to renew its annual interlocal agreement with Johnson County for their annual contribution to the program. The County requested in December of 2011 to enter into an interlocal agreement with the City of Cleburne each year, since the annual contribution is based on population, and is subject to fluctuate due to population changes. Each year, Johnson County contributes funds to the daily operation of City/County Transportation. These funds assist City/County Transportation with the local match portion that is required by our federal grant funds. Johnson County's annual contribution for fiscal year 2017 will be $53,689.00. Upon approval by City Council, the signed agreement will be submitted to Johnson County Commissioners' Court for inclusion on their agenda for approval and execution at the next Commissioners’ Court meeting immediately following their receipt of the signed agreement. RS2. A RESOLUTION AUTHORIZING FUTURE ANNUAL RENEWALS WITH ROUTEMATCH, INC FOR SOFTWARE UTILIZED BY CITY-COUNTY TRANSPORTATION. Person presenting this item: Terry Leake, Director of Finance BRIEF: In 2009, the City Council authorized the acquisition of route scheduling, ticketing, and GPS software including a multi-year software support services agreement with RouteMatch Software, Inc. for an amount not to exceed $350,000 to be used by the City-County Transportation department (Cletran) through the approval of Resolution RS07-2009-51. Included in this purchase per the attached RouteMatch Software License and Services Agreement was a prepaid component for five years of software and engineering support, and those years of support service have now expired and the $350,000 authorized expenditure cap has been reached. As this software is currently in use and will continue to be in the near foreseeable future, authorization is sought to authorize future annual renewals with RouteMatch through the life of the software for a cost of $27,315.75 for 2016-2017. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF SEPTEMBER 2016. Person presenting this item: Terry Leake, Director of Finance
A RESOLUTION AUTHORIZING CONTRACT WITH THE CLEBURNE CHAMBER OF COMMERCE FOR MANAGEMENT OF THE CLEBURNE CONFERENCE CENTER. Person presenting this item: Burton Barr, Director of Parks & Recreation BRIEF: This contract will authorize the Cleburne Chamber of Commerce to continue to manage and operate the Cleburne Conference Center/Performing Arts Center. This agreement includes the administration, reservations, and day-to-day operations of the facility. In this agreement, the City of Cleburne agrees to pay the Chamber of Commerce $255,677, an increase of $20,958 from FY 2016, for all operational expenses incurred at the Conference Center/Performing Arts Center for Fiscal Year 2017.
A RESOLUTION CONCURRING WITH TXDOT’S INTENTION TO REMOVE PORTIONS OF RIGHT-OF-WAY (TRACTS BEING 1.381, 2.377 AND .188 ACRES, ALL PART OF THE ALEXANDER MCANIER SURVEY) FROM THE STATE SYSTEM AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS FOR SAID ACTION.
AN ORDINANCE AMENDING TITLE V: PUBLIC WORKS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 50: GARBAGE AND TRASH, SECTION 50.11: HAULING GARBAGE TO THE LANDFILL OR FEE SCHEDULE TO BE EFFECTIVE JANUARY 1, 2017. Person presenting this item: Terry Leake, Director of Finance BRIEF: At the Fiscal Year 2017 budget workshop, staff presented a review of rates charged at the Transfer Station for the disposal of bulk items, trash, limbs, and tires hauled by individuals, business, contractors and commercial trash haulers. The proposed fee revisions will go into effect on January 1, 2017 and signs and other information will be presented to Transfer Station
AN ORDINANCE RECOGNIZING THE OFFICE OF CITY MARSHAL AND THAT SAID OFFICE IS A DESIGNATED LAW ENFORCEMENT AGENCY WITH THE STATE OF TEXAS. Person presenting this item: Rob Severance, Chief of Police BRIEF: With the upcoming retirement of Sheriff-elect Adam King from the city marshal’s office, staff recommends that the agency be preserved to allow the option of using it in the future for providing security and effecting warrant service of the municipal court. If the city marshal’s office is vacant the chief of police shall be the ex officio city marshal and a commissioned peace officer of both agencies.
AN ORDINANCE AMENDING THE CLASSIFICATION AND NUMBER OF POSITIONS FOR ALL THE CITY OF CLEBURNE FIREFIGHTERS AND POLICE OFFICERS, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 143 CIVIL SERVICE. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: City Marshal/Task Force Commander Adam King will be retiring from the City of Cleburne on October 31, 2016 so that he may begin his duties of Johnson County Sheriff. Upon his retirement, the City has chosen not to replace the Task Force Commander however, it is their desire to assign another officer from our Police Department to the Task Force. The City Marshal/Task Force Commander was not a Civil Service position, therefore not allotted on the previous staffing ordinance. This update would increase the Police Officer staffing by one officer to allow the assignment of one officer to the Task Force and not reduce the manpower the Police Department currently has. This adjustment was previously included in the budget passed on September 27, 2016.
AN ORDINANCE AMENDING TITLE IX: GENERAL REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 91: ANIMALS ALLOWING FOR THE KEEPING OF MINIATURE SWINE, RESTRICTING THE RIDING OF HORSES AND PROHIBITING PRIMATES AS PETS . Person presenting this item: Shane Wickson, Animal Services Manager BRIEF: The proposed amendments for Chapter 91 Animals include: amending the section on swine to allow the keeping of miniature swine (“mini-pigs”); clarifying when swine may be temporarily kept for auctions, rodeos, and school projects; restricting horses from sidewalks, city parks, and other people’s property; and prohibiting the keeping of primates as pets.
Executive Session & Adjournment
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council Meeting. § 551.074. Personnel Matters; Closed Meeting: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 1. Deliberate the appointment, employment, evaluation, and duties of the Municipal Court Judge § 551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting: This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 1. Discuss industrial development incentives ADJOURN: The Presiding Officer adjourned the Executive Session of Tuesday, October 25, 2016 at p.m. THE PRESIDING OFFICER SHALL ANNOUNCE THE RECONVENING OF THE REGULAR MEETING SESSION. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. ADJOURNED AT: 8:06pm
Disclamer. Due to Technical difficulties, portions of this meeting were joined in progress. I. ROLL CALL AND CALL TO ORDER BY MAYOR City Council: Scott Cain, Mayor Dr. Bob Kelly, Mayor Pro Tem Gayle White, SMD 2 Dale Sturgeon, SMD 3 John Warren, SMD 4 Division Directors: Burton Barr, Community Services Clint Ishmael, Fire Services Terry Leake, Finance Debra Powledge, Human Resources Rob Severance, Police Services Administration: Dan O’Leary, Interim City Manager Steve Polasek, Deputy City Manager Shelly Doty, City Secretary Ivy Peterson, Deputy City Secretary Fritz Quast, City Attorney Department Heads: Willie Resto, Information Technology Media: Matt Smith, Times-Review II. INVOCATION by Rev. Jim Cloud, North Cleburne Baptist Church III. PLEDGE OF ALLEGIANCE
COMMUNITY INTEREST MATTERS, ANNOUNCEMENTS & PRESENTATIONS Presentation – Delinquent Tax Collection Report, presented by Bruce Medley with Perdue, Brandon, Fielder, Collins & Mott, LLP
All of the following items on the Consent Agenda are considered to be routine and self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so requests. For a citizen to request removal of an item, a speaker card must be filled out and submitted to the City Secretary prior to the beginning of the meeting. M1. APPROVAL OF MINUTES FOR THE OCTOBER 25, 2016 COUNCIL MEETING. RS1. A RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH JOHNSON COUNTY FOR THEIR ANNUAL CONTRIBUTION FOR CITY-COUNTY TRANSPORTATION SERVICES. Person presenting this item: Grady Easdon, Transportation Manager BRIEF: City/County Transportation wishes to renew its annual interlocal agreement with Johnson County for their annual contribution to the program. The County requested in December of 2011 to enter into an interlocal agreement with the City of Cleburne each year, since the annual contribution is based on population, and is subject to fluctuate due to population changes. Each year, Johnson County contributes funds to the daily operation of City/County Transportation. These funds assist City/County Transportation with the local match portion that is required by our federal grant funds. Johnson County's annual contribution for fiscal year 2017 will be $53,689.00. Upon approval by City Council, the signed agreement will be submitted to Johnson County Commissioners' Court for inclusion on their agenda for approval and execution at the next Commissioners’ Court meeting immediately following their receipt of the signed agreement. RS2. A RESOLUTION AUTHORIZING FUTURE ANNUAL RENEWALS WITH ROUTEMATCH, INC FOR SOFTWARE UTILIZED BY CITY-COUNTY TRANSPORTATION. Person presenting this item: Terry Leake, Director of Finance BRIEF: In 2009, the City Council authorized the acquisition of route scheduling, ticketing, and GPS software including a multi-year software support services agreement with RouteMatch Software, Inc. for an amount not to exceed $350,000 to be used by the City-County Transportation department (Cletran) through the approval of Resolution RS07-2009-51. Included in this purchase per the attached RouteMatch Software License and Services Agreement was a prepaid component for five years of software and engineering support, and those years of support service have now expired and the $350,000 authorized expenditure cap has been reached. As this software is currently in use and will continue to be in the near foreseeable future, authorization is sought to authorize future annual renewals with RouteMatch through the life of the software for a cost of $27,315.75 for 2016-2017. OC1. APPROVE ACCOUNTS PAYABLE FOR THE MONTH OF SEPTEMBER 2016. Person presenting this item: Terry Leake, Director of Finance
A RESOLUTION AUTHORIZING CONTRACT WITH THE CLEBURNE CHAMBER OF COMMERCE FOR MANAGEMENT OF THE CLEBURNE CONFERENCE CENTER. Person presenting this item: Burton Barr, Director of Parks & Recreation BRIEF: This contract will authorize the Cleburne Chamber of Commerce to continue to manage and operate the Cleburne Conference Center/Performing Arts Center. This agreement includes the administration, reservations, and day-to-day operations of the facility. In this agreement, the City of Cleburne agrees to pay the Chamber of Commerce $255,677, an increase of $20,958 from FY 2016, for all operational expenses incurred at the Conference Center/Performing Arts Center for Fiscal Year 2017.
A RESOLUTION CONCURRING WITH TXDOT’S INTENTION TO REMOVE PORTIONS OF RIGHT-OF-WAY (TRACTS BEING 1.381, 2.377 AND .188 ACRES, ALL PART OF THE ALEXANDER MCANIER SURVEY) FROM THE STATE SYSTEM AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS FOR SAID ACTION.
AN ORDINANCE AMENDING TITLE V: PUBLIC WORKS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 50: GARBAGE AND TRASH, SECTION 50.11: HAULING GARBAGE TO THE LANDFILL OR FEE SCHEDULE TO BE EFFECTIVE JANUARY 1, 2017. Person presenting this item: Terry Leake, Director of Finance BRIEF: At the Fiscal Year 2017 budget workshop, staff presented a review of rates charged at the Transfer Station for the disposal of bulk items, trash, limbs, and tires hauled by individuals, business, contractors and commercial trash haulers. The proposed fee revisions will go into effect on January 1, 2017 and signs and other information will be presented to Transfer Station
AN ORDINANCE RECOGNIZING THE OFFICE OF CITY MARSHAL AND THAT SAID OFFICE IS A DESIGNATED LAW ENFORCEMENT AGENCY WITH THE STATE OF TEXAS. Person presenting this item: Rob Severance, Chief of Police BRIEF: With the upcoming retirement of Sheriff-elect Adam King from the city marshal’s office, staff recommends that the agency be preserved to allow the option of using it in the future for providing security and effecting warrant service of the municipal court. If the city marshal’s office is vacant the chief of police shall be the ex officio city marshal and a commissioned peace officer of both agencies.
AN ORDINANCE AMENDING THE CLASSIFICATION AND NUMBER OF POSITIONS FOR ALL THE CITY OF CLEBURNE FIREFIGHTERS AND POLICE OFFICERS, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 143 CIVIL SERVICE. Person presenting this item: Debra Powledge, Director of Human Resources BRIEF: City Marshal/Task Force Commander Adam King will be retiring from the City of Cleburne on October 31, 2016 so that he may begin his duties of Johnson County Sheriff. Upon his retirement, the City has chosen not to replace the Task Force Commander however, it is their desire to assign another officer from our Police Department to the Task Force. The City Marshal/Task Force Commander was not a Civil Service position, therefore not allotted on the previous staffing ordinance. This update would increase the Police Officer staffing by one officer to allow the assignment of one officer to the Task Force and not reduce the manpower the Police Department currently has. This adjustment was previously included in the budget passed on September 27, 2016.
AN ORDINANCE AMENDING TITLE IX: GENERAL REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING CHAPTER 91: ANIMALS ALLOWING FOR THE KEEPING OF MINIATURE SWINE, RESTRICTING THE RIDING OF HORSES AND PROHIBITING PRIMATES AS PETS . Person presenting this item: Shane Wickson, Animal Services Manager BRIEF: The proposed amendments for Chapter 91 Animals include: amending the section on swine to allow the keeping of miniature swine (“mini-pigs”); clarifying when swine may be temporarily kept for auctions, rodeos, and school projects; restricting horses from sidewalks, city parks, and other people’s property; and prohibiting the keeping of primates as pets.
Executive Session & Adjournment
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sec. 551.071, Sec. 551.072, Sec. 551.073, Sec. 551.074, Sec. 551.076, Sec. 551.087 and Sec. 418.0183(f) of the Texas Government Code (Texas Disaster Act). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council Meeting. § 551.074. Personnel Matters; Closed Meeting: (a) This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. 1. Deliberate the appointment, employment, evaluation, and duties of the Municipal Court Judge § 551.087. Deliberation Regarding Economic Development Negotiations; Closed Meeting: This chapter does not require a governmental body to conduct an open meeting: (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). 1. Discuss industrial development incentives ADJOURN: The Presiding Officer adjourned the Executive Session of Tuesday, October 25, 2016 at p.m. THE PRESIDING OFFICER SHALL ANNOUNCE THE RECONVENING OF THE REGULAR MEETING SESSION. Reconvene into open session for possible action resulting from any items posted and legally discussed in Executive Session. ADJOURNED AT: 8:06pm