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2017_12.18_CC_MinutesKENNEDALE You're Here, Your Home www.cityofkennedale.com KENNEDALE CITY COUNCIL MINUTES REGULAR MEETING 1 December 18, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION - 5:30 PM 1 REGULAR SESSION - 7:00 PM I. CALL TO ORDER Mayor Johnson called the meeting to order at 5:32 p.m. II. WORK SESSION A. Hold a discussion and provide staff direction regarding amending the City of Kennedale purchasing policy City Manager George Campbell stated that this item was added at the request of Council. Mayor Pro Tem Jan Joplin proposed lowering the amount that the City Manager was authorized to spend without seeking Council approval from $50,000.00 to $10,000.00. Campbell responded that the current limit is not unusually high, and that setting it to $10,000.00 would limit his ability to conduct the daily operations necessary to meet contractual obligations and to move forward on projects approved by Council through the adoption of the budget. There was some discussion about how often the current threshold is met versus how often a threshold of $10,000.00 might be, and the possibility of meeting more often. Councilmember Kelly Turner stated that, though he understood the desire to lower the threshold, he did not believe such a dramatic decrease was necessary. Mayor Brian Johnson proposed considering a lower limit only for items that were not included in the budget. Gilley asked that staff survey similar cities for their purchasing policies. B. Hold a discussion and provide staff direction regarding City membership in the Texas Local Government Center Gilley stated that the Texas Local Government Center (TLGC) is a relatively new organization that provides resources to members of local government. TLGC Executive Director Art Martinez stated that the organization was created as a public policy think -tank that was more resident - oriented, focusing on transparency and budgetary reform. He added that membership was currently free. In response to Mayor Johnson's question, Martinez stated that there was currently one other member City. C. Discussion of items on regular agenda There was no discussion at this time. Mayor Johnson recessed to Executive Session at 6:00 p.m. Executive Session recessed at 6:15 p.m., when two of the four attending Councilmembers left and there was no longer a quorum. 405 Municipal Drive, Kennedale, TX 76060 I Telephone: 817 -985 -2100 I Fax: 817-478-7169 III. REGULAR SESSION Mayor Johnson opened the regular session at 7:01 p.m. IV. ROLL CALL Present: Mayor Brian Johnson; Mayor Pro Tem Jan Joplin, Place 5; Rockie Gilley, Place 1; Liz Carrington, Place 2; Sandra Lee, Place 3; and Kelly Turner, Place 4. Absent: None Staff: City Manager George Campbell, City Secretary and Communications Coordinator Leslie Galloway, Finance Director Brady Olsen, Fire Chief Mike McMurray, Police Chief Tommy Williams, Police Captain Darrell Hull, Public Works Director Larry Ledbetter, Public Works Superintendent Larry Hoover, Library Director Amanda King, City Attorney Wayne Olson V. INVOCATION Mayor Pro Tem Joplin provided the invocation. VI. UNITED STATES PLEDGE AND TEXAS PLEDGE VII. VISITOR/CITIZENS FORUM • Kelli Rod, 945 Little School Road, and Scott Shepherd, CEO of 6 Stones gave an overview of the organization that was founded in January 2009 and aims to revitalize cities. • Frank Fernandez, 911 Shady Vale Drive, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Hollis Matthews, 1252 Elmbrook Drive, presented Charter amendments that he proposed be presented to voters at the May 5, 2018 election. ■ Syed Hassan, 601 Engleside Drive, Arlington, TX, representing DFW Regional Concerned Citizens, stated that he believed recall of Councilmembers should only be used in serious situations that threaten the community, rather than to settle disagreements. • Ron Whitley, 1009 Oakridge Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Mike Walker, 717 Shady Creek, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. ■ Daniel Bennet, 408 Pemberton Street, Fort Worth, TX, presented information to the Council about the past elections and actions of the Tarrant Appraisal District (TAD) Board. • Terri Arangio, 3402 Jerry Lane, Arlington, TX, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Joe Taylor, 604 Bluebonnet Lane, submitted written comments stating his appreciation for Councilmember Carrington's service to the City of Kennedale. • Jesse Taylor, 4408 Village Creek Road, Fort Worth, Chair of Republican Party of Precinct 1297, stated his appreciation for Councilmember Lee's service to the City of Kennedale. ■ Chris Pugh, 715 Timberline, stated his appreciation for Councilmember Carrington's Page 2 of 6 service to the City of Kennedale. Laurie Sanders, 208 W 5th Street, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Carolyn Coker Williamson, 3170 Joplin Road, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. ■ Greg Adams, 704 Crestview Drive, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Charles Overstreet, 1256 Wendy Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Ann Fontenot, 1043 Foxwood Drive, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Wilda Turner, 1013 Sublett Road, stated her appreciation for Councilmember Carrington's and Ernest Harvey's service to the City of Kennedale. • Sharon Hamrick, 1024 Sublett Road, stated her appreciation for Councilmember Carrington's service to the City of Kennedale. • Eric Elam, 349 Kennedale Sublett Road, spoke about a former Kennedale ISD bond and past disagreements. • Anthony J. Arangio, 3402 Jerry Lane, Arlington, TX, stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Marsha Knox, 200 Hilltop Drive, stated her appreciation for Councilmember Lee's service to the City of Kennedale. • John Clark, 100 Meadowlake Court, encouraged Council to demonstrate statesmanship and stated his appreciation for Councilmember Carrington's service to the City of Kennedale. • Dean Carrington, 1004 Ohio Court, stated his appreciation for Councilmember Carrington's service to the City of Kennedale; and summarized the health issues she has experienced. • Kayla Hughes, 1208 Hunters Haven Drive, submitted written comments stating her appreciation for Councilmember Carrington's service to the City of Kennedale. ■ Jeffrey Nevarez, 338 Spring Branch Lane, submitted written comments stating his appreciation for Councilmember Carrington's service to the City of Kennedale. • Ruby Faye Woolridge, 2001 Norwood Lane, submitted written comments asking "why is this happening ?" Page 3 of 6 VIII. REPORTS /ANNOUNCEMENTS A. Updates from the City Council ■ Mayor Pro Tem Joplin thanked staff for the Christmas Tree Lighting Festival and the Fire Department's Angel Tree. She added that she was working on a Fire Department salary plan and addressing various resident and business issues. She concluded by saying that she does not like the current situation and feels things could have been done differently. • Councilmember Turner stated that he was named Chair of the Emergency Preparedness Planning Committee (EPPC), a group that aims to ensure that all communities have access to resources during an event and conducts citizen training. B. Updates from the City Manager City Manager George Campbell had no updates at this time. C. Updates from the Mayor Mayor Brian Johnson stated that he attended the Southeast Tarrant Transportation Partnership and Tarrant Regional Transportation Coalition meetings regarding the transportation needs of those who face economic challenges. He added that he was named the Vice -Chair of the Mayor's Council and spent time working on a promotion video of the disc golf course at Sonora Park with Parks and Recreation Board Member Phil Wallace. D. Stormwater presentation and survey information Public Works Superintendent Larry Hoover introduced Ben Pylant and Matt Stahl of Halff Associates, who distributed a survey and discussed the importance of managing stormwater, as it is not connected to the sewer system, meaning it is discharged into waterways untreated. IX. MONITORING INFORMATION A. Monthly Financials — November 2017 There was no discussion at this time. X. INCIDENTAL ITEMS XI. REQUIRED APPROVAL ITEMS (CONSENT) A. Consider approval of minutes from November 20, 2017 regular meeting Motion To approve the Required Approval Items (Consent) Agenda. Action Approve, Moved By Turner, Seconded By Carrington. Motion passed unanimously. XII. DECISION ITEMS A. Consider approval of Ordinance 639, amending Chapter 16, Article II "Parks and Recreation Board" of the Kennedale Code of Ordinances, increasing the board membership from five places to seven Motion To approve Ordinance 639, amending Chapter 16, Article II "Parks and Recreation Page 4 of 6 Board" of the Kennedale Code of Ordinances, increasing board membership from five places to seven. Action Approve, Moved By Turner, Seconded By Lee. Motion passed unanimously. B. Consider making appointments to the Parks and Recreation Board Motion To approve appointment of Carlos Chargoy to the Parks and Recreation Board, Place 7. Action Approve, Moved By Mayor Pro Tem Joplin, Seconded By Gilley. Motion passed unanimously. C. Determination of violation of expressed prohibition of City Charter /Forfeiture of Office for Councilmember Sandra Lee, pursuant to Section 3.06 of the City Charter Councilmember Turner thanked everyone who spoke during the Visitors Forum and stated that he felt it was clear that residents wished that the Council move forward as a board of five, as nothing that has allegedly occurred has "endangered the public good." He concluded by saying that he would prefer to find a way to move forward, working together. Motion To postpone determination of violation of expressed prohibition of City Charter/ Forfeiture of Office for Councilmember Sandra Lee until no earlier than December 25, 2017. Action Postpone, Moved By Gilley, Seconded By Mayor Pro Tem Joplin. City Attorney Wayne Olson read the Charter provisions regarding forfeiture of office and noted that this procedure was rarely utilized. He added that he would recommend that the Council grant extensions if either Lee or Carrington made such a request. Gilley stated that these were very serious charges and that he felt Councilmember Lee had not been given adequate time to prepare. Turner stated that he felt it was in the community's best interest to move forward as a Council of five; but that if Council does decide that members should be dismissed if a violation had been made, that he did feel that violations had occurred. Lee stated that she took issue with the timing of the hearing, as the cited acts occurred during June and July of 2017. Turner stated that the issues were ignored at the time in an attempt to work together, and that he still felt that voters — rather than the Council — should be allowed to decide. He added that he felt what citizens had said tonight clearly showed that they wish for Council to postpone these hearings, set aside differences, and move forward working together. Mayor Pro Tem Joplin stated that she felt Councilmember Carrington had adequate time to prepare. Gilley stated that Carrington had ten days to prepare and that he felt Lee should be given the same time to prepare. Mayor Johnson stated that he felt that residents wanted Council to put away the issues and find a way to move forward together. He asked what would be gained by holding these hearings. Gilley answered that we would gain the following of the rules of the Charter. Mayor Pro Tem Joplin stated that she also supported following the Charter and that as new councilmembers they needed but had lacked the support and guidance of veteran members because of the excessive absences. She added that if she was in Carrington's position, that she would resign. In response to Turner's question, Gilley and Joplin stated that, if Lee's actions were shown to be a violation of the Charter, they would vote to vacate her seat. Turner stated that he did not feel Page 5 of 6 that upholding the rules of the Charter trumped protecting the best interest of the community. Motion passed 4 -0, with Lee abstaining. D. Determination of Excused Absences /Forfeiture of Office for Councilmember Liz Carrington, pursuant to Section 3.06 of the City Charter Turner stated that he felt the hearing should be postponed until Carrington felt adequately prepared to answer the charges. Gilley stated that he could support that decision, if the hearing was held no later than Friday, January 12, 2018. Motion To postpone this item to a date no later than January 12, 2018. Action Postpone, Moved By Turner, Seconded By Gilley. Motion passed 3 -1, with Carrington abstaining and Mayor Pro Tem Joplin voting against. XIII. EXECUTIVE SESSION The City Council may meet in closed session pursuant to the Texas Government Code for the following matters: • Seek advice from the City Attorney regarding the interpretation of City Charter requirements regarding vacancies and forfeiture of office. • Seek advice from the City Attorney regarding Public Official Liability Insurance. • Pursuant to Section 501.071: Consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meetings Act, including discussion on any item posted on the agenda and legal issues regarding the Open Meetings Act. XIV. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED Executive Session was held following Work Session, before the Regular Session was called to order. No action was taken at this time. XV. ADJOURNMENT Mayor Johnson adjourned the meeting at 9:14 p.m. APPROVED: ATTEST: ESLIE GALLOWAY, TY SECRETARY Page 6 of 6