Mount Enterprise: Unofficial Minutes of City Council Meeting from March 2019

Minutes

  1. Call to order Mayor Graves called the meeting to order 5:08 p.m. 
  2. Roll call, Invocation, Pledge to the U.S. Flag, Pledge to the Texas Flag                           (Honor the Texas flag, I pledge allegiance to thee, Texas, one state under God, one and indivisible)
  3. Visitors / Citizens Presentation   PUBLIC COMMENTS by CITIZENS: Notice to Speakers: Those wishing to speak during the Public Comments portion of the meeting must sign a Request to Speak form stating their: a.) name, b.) address and c.) the subject matter of their comments before the meeting begins.  Speakers must observe a three-minute time limit at all times during the meeting unless granted specific permission from the presiding officer (usually the Mayor) to extend their comments. The presiding officer will set reasonable limits on the number, frequency, and length of presentations.

Your City Council is prohibited by law from any deliberation or decisions regarding items presented in public comments if they are not otherwise on the Agenda. Public comments regarding items not on the Agenda cannot be discussed or acted upon by the City Council at that meeting. The response of the Council will be limited (per Texas Govt. Code Section 551.042) to (1) a statement of specific factual information given in response to the inquiry; (2) recitation of an existing policy; or (3) request for staff to place the item on the agenda for a subsequent meeting.  (Present were, Staff – Office Assistant Khristy Webb, City Administrator Rosena J. Becker-Ross), Constable – Mr. Kenneth Miley (City Attorney - Absent ), Citizens Barbara Russell No comment, Howard Russell – City Marshal and wanted to know if we have received any applications and anticipated selection date, Mayor stated we have received two applications and several have requested the paperwork, Diana Theroux – No Comment,)

  1. Consent Agenda (Items on the Consent Agenda require little or no deliberation by the City Council.  Approval of the Consent Agenda authorizes the City Administrator, or her designee, to implement each item in accordance with Council recommendations.)
  1. Consider Approval of Minutes for the Regular Meetings of February 26th, 2019
  2. Consider Approval of Monthly Reports (February) for Wastewater which include Reconciliation, Balance Sheet, General Ledger, Profit & Loss Budget, Accounts Payable, Accounts Receivables, Statement of Financial Income and Expenses (CM Place 2)      
  3. Consider Approval of Monthly Reports (February) for Debt Service Fund which include Reconciliation, Balance Sheet, General Ledger, Profit & Loss Budget, Accounts Payable, Accounts Receivables, Statement of Financial Income and Expenses (CM Place 4)
  4. Consider Approval of Monthly Reports (February) for Employee’s which include Payroll Summary, Timesheets, and Travel Reports (CM Place 3)
  5. Consider Approval of Monthly Reports (February) for General Fund which include Reconciliation, Balance Sheet, General Ledger, Profit & Loss Budget, Accounts Payable, Accounts Receivables, Statement of Financial Income and Expenses, Sam’s Club Statement and Receipts (CM Place 5)
  6. Consider Approval of Monthly Reports (February) for Court which include Periodic Fee, Statistic by Officer, Citations with Balances, G/L Posting, Offenses for Year, Offenses for Month/Year Comparison, Cases Filed, Cases Filed/Closed by Agency, Racial Profiling, Collection Agency, Safety Seat Belt, Omnibase, Monthly Revenue, Status and Monthly Conviction (CM Place 1)

Upon a motion made by Councilmember Jones, no second was made, went into discussion by Mr. Reese and then after the discussion a motion was made by Councilmember Reese and seconded by Councilmember Swann vote was Three (3) “ayes” and one (1) “nays” by Councilmember Cox that clarification for the City Administrator Salary is to be $45,000 and not include any certification pay of any kind.  Upon a final motion made by Councilmember Jones and seconded by Councilmember Reese the Council voted four (4) “ayes” and zero (0) “nays” to approve the consent agenda.  The motion carried.

  1. Discuss and Consider Action on the Following:
  1.  Update and review Employee Handbook implemented changes (JHR)

Upon a Motion made by Councilmember Reese and seconded by Councilmember Jones, the Council voted four (4) “ayes” and zero (0) “nays” to email Employee Handbook to all Councilmember’s and a printed copy for Councilmember Swann.  The motion carried

A Second Motion was made on Item a - Upon a Motion made by Councilmember Jones and seconded by Councilmember Reese, the Council voted four (4) “ayes” and zero (0) “nays” to add bereavement pay to the Employee Handbook up to 24 hours in the event of a close relative passing and include in the employee handbook before emailing out.  The motion carried

  1. Report back on cost of IT system (JHR)

Upon a motion made by Councilmember Reese and seconded by Councilmember Swann, the Council voted four (4) “ayes” and zero (0) “nays” to remove from the Agenda after discussion regarding the cost to update our current phone system and to leave it as is.  The motion carried.

  1. Clarification of part time employee hours (BSJ)

 Upon a motion made by Councilmember Jones and seconded by Councilmember Reese, the Council voted four (4) “ayes” and zero (0) “nays” to clarify that the position is part time employee Monday thru Friday 8-11 and that is all she is required to be here and to update this section in the Employee Handbook before emailing.  The motion carried.

A Second Motions was made on Item c - Upon a motion made by Councilmember Jones and seconded by Councilmember Swann, the Council voted four (4) “ayes” and zero (0) “nays” to clarify that the position is part time employee Monday thru Friday 8-11 and that is all she is required to be here and for notification of when her kids or her are sick that she is to notify the City Administrator and/or the Mayor.  The motion carried.

  1. Update on city calendar (BSJ)

Discussion started on April 23rd training Councilmember Reese stated sooner or later Mrs. Rosena has been going to training from before I was on Council and we are going to have to cut it off.  Councilmember Swann asked if it would be a good idea to have a second person trained and asked if changes are always taking place.  City Administrator explained that some training are required like Legislative Update but that is not on the calendar.  Councilmember Swann wanted to know how I was going to get by with that and I stated that I did not know.  Councilmember Swann asked if per diem was mandatory, explained that it was just a policy put into place by the Council.  Councilmember Reese asked if it was state required certification.  City Administrator stated it was to keep Certified Municipal Court Clerk Certification.  Councilmember Cox asked what did you decide on.  Councilmember Reese made a motion that if Khristy wants to attend the training on April 23rd it is ok with him but if Rosena wants to attend the training on April 23rd to keep her certification she ought to take a vacation day.  City Administrator asked if that was the motion.  Councilmember Reese said yes it is a Motion.  Upon a motion made by Councilmember Reese send Khristy if she wants to go to get familiar with it and Rosena has to use a vacation day, Discussion then started back up Councilmember Cox asked if Khristy was going to be paid?  Councilmember Swann brought it up that if it is job related other entities pay their employees.  Councilmember Reese stated that at some point the City has to draw a line at the expense of keeping her Level III certified, the citizens of Mount Enterprise don’t know that any of them know or care that you are a Level III, they want the City to be run at the most economical way that we possibly can and at some point I think that you are over educated and over certified for the City of Mount Enterprise.  Councilmember Cox stated that people need to be more educated.  Councilmember Reese I said my peace the Council can make the decision and that Henderson doesn’t have any certified clerks.  Councilmember Cox stated you should feel honored that we do.  Councilmember Swann asked how many times a year would the training be for.  City Administrator explained that 20 hours would be needed, 16 hours attending a class in October and 4 hours a local class or online webinars.  Councilmember Cox said we are not talking about thousands of dollars we are talking about one day and I do not think that will bankrupt the City.  Councilmember Reese said they have already spent thousands of dollars, they went to Corpus Christi stayed at the Renaissance and spent thousands of dollars and it’s time to stop spending needlessly when we are struggling getting back to where we need to be.  Councilmember Cox stated that she was talking about right now today.  Councilmember Reese asked when are you going to draw the line?  Councilmember Cox said we’ve drawn the line and it’s pretty much completely already tea totally across the line already.  We are not spending money now.  I don’t see how this one day trip is going to cost a tremendous amount.  Councilmember Reese asked if Councilmember Cox was going to draw the line the next time.  Councilmember Cox said I’ll see what what the next time brings.  No second motion.

Upon a Motion made by Councilmember Jones and seconded by Councilmember Reese, the Council voted three (3) “ayes” and zero (0) “nays” and one (1) “abstain” to approve not paying mileage to and from the training on April 23rd and allow attendants by City Secretary and employee’s.  The motion carried.

Upon a Second Main Motion by Councilmember Jones and seconded by Councilmember Reese, the Council voted three (3) “ayes” and zero (0) “nays” and one (1) abstain to clarify that the Motion made above was to be paid for a regular work day just not mileage.  The motion carried.

  1. Job Description/Duties for all employees (JHR)

Upon a motion made by Councilmember Reese and seconded by Councilmember Jones, the Council voted four (4) “ayes” and zero (0) “nays” to remove form the agenda.  The motion carried.

  1. TMRS Restricted Service Credit Ordinance (HLG)

Discussion started Councilmember Reese stated he had to purchase his from the state when he wanted service credit.  Mayor asked if it was worth him purchasing it?  Councilmember Reese stated it was so much per his salary.  Councilmember Jones stated that currently there are 0 eligible employees.  City Administrated stated that she was already vested.  Councilmember Reese stated 10 years to be vested?  City Administrator stated that currently you have to be 5 years vested.  Councilmember Reese stated that if we hire any military person they can but it.  Upon a motion made by Councilmember Jones and seconded by Councilmember Swann, the Council voted four (4) “ayes” and zero (0) “nays” to approve the TMRS Restricted Service Credit Ordinance.  The motion carried. 

  1. Racial Profiling Report (HLG)

Mayor Graves explained that this is normally prepared by the police department but he met with Mr. McKinney and filed this report.  Councilmember Swann said thank you for that.  Upon a motion made by Councilmember Swann and seconded by Councilmember Reese, the Council voted four (4) “ayes” and zero (0) “nays” to approve the Racial Profiling Report.  The motion carried.

  1. Discuss and add/delete items from the City Calendar (JHR)

Councilmember Reese was going to make a motion to remove this agenda Item.  City Administrator stated that any changes to the calendar were made from prior months motions were not approved just one item the April 23rd, training.  Councilmember Reese asked about April 19th date and Councilmember Jones explained that it was a Holiday.  Upon a motion made by Councilmember Reese and seconded by Councilmember Jones, the Council voted four (4) “ayes” and zero (0) “nays” to approve the Calendar as is and any future changes will be brought back before the Council.  The motion carried.

  1. Announcements or Comments by City Councilmembers

Councilmember Jones made a motion to approve ordering paper as needed.  Councilmember Reese stated that he would not need the Consent Agenda printed out next month.

  1. Announcements or Comments by City Staff
  1. Court Training (Procedural Justice) in White Oak April 23rd, 2019
  1. Executive Session Notice  (A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following:

1. seeking the advice of its attorney about pending or contemplated litigation, settlement offers, or any matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act. [Tex. Govt. Code §551.071)

2. deliberating the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the city in negotiations with a third person. [Tex. Govt. Code §551.072)

3. deliberating a negotiated contract for a prospective gift or donation to the city if deliberation in an open meeting would have a detrimental effect on the position of the city in negotiations with a third person. [Tex. Govt. Code §551.073)

4. deliberating the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee unless the officer or employee who is the subject of the deliberation or hearing requests a public hearing. [Tex. Govt. Code §551.074)

5. deliberating the deployment, or specific occasions for implementation, of security personnel or devices. [Tex. Govt. Code §551.076)

  1. Reconvene (into regular session and consider action, if any, on item(s) discussed in executive session).
  2. The Council may vote and/or act upon each of the items set out in this Agenda.
  3. Adjournment – Upon a motion by Councilmember Cox and second by Councilmember Swann, the meeting was adjourned at 18:27 p.m.