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01/04/1982-CC-Minutes-Regularz MINUTES: City Council December 21, 1981 PRESENT: Mayor Cole, Nesbitt, Thomas VACANCY: Henry Cooper - Place 1 ABSENT: Spindle, Bridges OTHERS PRESENT: Lloyd, Mary Jo, Jack Russell, Mike Cummings, Richard Muir, John L. Sullivan Members present adjourned due to lack of a quorum. ATTEST: MINUTES: PRESENT: OTHERS PRESENT: City Council January 4, 1982 Mayor Cole, Nesbitt, Bridges, Spindle and Thomas Lloyd Henderson, Mary Jo Stover, Anne Kyle, Richard Muir, John L. Sullivan Prior to the Calling of order of the regular council meeting Councilman Donn Nesbitt requested to know if council was in compliance with Vernon's Statute #1009 which deals with absenteeism. It was noted that Council- man Bridges had missed 3 consecutive meetings and Councilman Nesbitt felt that Council might possibly be out -of -order on any action they might take ( a quorum would not exist due to Henry Cooper's resignation). Since there is a strong possibility of legal action due to the landfill site Councilman Nesbitt requested this matter be resolved. Article #1009 was read. Mayor Cole ask the City Secretary for the number of times Councilman Bridges had been absent from a regular meeting. It was noted that Councilman Bridges had been absent from 2 - regular meetings and one regular meeting scheduled was not held due to lack of a quorum and from the last 3 special and emergency called meetings. The City Attorney was asked for a legal opinion. Sullivan stated if Bridges had an emergency absence and he con- veyed to the Mayor and City Manager that he would not be available at the meetings and it was so stated then he felt it was an approved absence. There may not have been formal action taken but it was apparently understood and approved by Council. He stated that Art. #1009 was a Forfeiture Statute and must involve a willful action. Any good reason with expressed approval of the Council is not a distortion of the facts. If the Council so noted as willful the problem would have been brought out in a prior meeting. Council agreed. 1. The minutes of the following meetings were approved as printed: The regular meeting - December 7, 1981 The emergency meeting - December 8, 1981 The emergency meeting - December 9, 1981 The regular called meeting - December 21, 1981 2. Disbursements for the amount of $19,851.33 were approved on a motion by Bridges. Spindle gave the second. Voted unan. 3. The following bids on the HUD Drainage Improvements Projects (the name of contractors, the bid amount, and the number of days to complete their work) was presented to council: 1. Jay -Mar Corp., Grapevine $144,884.45 (60 Calendar Days) 2. C & W Utility, Desota $191,185.00 (70 Working Days) 3. Roberts & Siegmund, Sanger $2411000.00 (250 Calendar Days) 4. F & J Construction, Rowlett $231,771.00 5. Oscar Renda, Roanke $3832575.00 (200 Calendar Days) Motion was made by Thomas to accept the bid of Jay -Mar Corp. of Grapevine, Texas for a total sum of $144,884.45. Spindle gave the second. Voted unan. 4. he bids on the motor grader came in as follows: �Zer-�7yn Tucker - $1, 215.0 0 James P.oy Pennington - 1,086.86 John's Garage 500.00 Mayor Cole felt the bids were too low and requested Council to throw them out. Motion was made by Nesbitt not to accept any bids received. Thomas gave the second. Voted unan. Motion was made by Donn Nesbitt to re -advertise for bids with a minimum of $28C0.00. Bridges gave the second. Voted unan. 5. Richard Muir met with Council to discusss the renewal of the city property, building and contents policy. Mayor Cole asked Muir how this year's premium compared with last years. Muir stated last year's premium was $3720 and this years premium increased to $3921. He advised Council however, that the coverage on 8 of the items had been increased slightly and an increase on contents due to the new addition of city hall had raised the premium. Claims were discussed. Explanation regarding the fire protection of the policy was explained by Muir. It was a�Dfreed by Council to consider the policy further and discuss the coverages and get back to Richard with any changes. 6. Motion was made by Spindle to hire Steve Reese, Attorney for a monthly fee of $100.00 for the position of municipal judge. Thomas gave the second. Voted unan. I 7. Motion was made by Donn Nesbitt to adopt the CDBG Resolution authorizing the clearance of (2) structures; one located at 905 Peach Street, and one located at 602 No. 5th. Wendell Thomas gave the second. Voted unan. 8. Motion was made by Wendell Thomas to adopt the Re solution authorizing the Clearance of 3 lots located at 203 Jones, 811 West Bolivar, and a lot at 204 Smith Street. Danny Spindle gave the second. Voted unan. 9. Sanger Electric Deposit Policy - Councilman Nesbitt stated he objected to the commercial customer having to make an electric deposit. He felt that the city would be discouraging new business if commercial users are made to place a large deposit on top of paying for the electric fees and one-half the cost of an extra transformer. He felt the city was doing an injustice to businesses. Discussion. Spindle stated that if a homeowner runs out without paying his utility bill the City would be left with possibly a $150. cost, but if a business shuts down and leaves without paying, it would cost the City maybe $5 or $6,000. More discussion. Motion was made by Donn Nesbitt that the deposit for the large and industrial user be dropped completely. Thomas gave the second. Voting for were Nesbitt and Thomas. Voting against were Bridges and Spindle. Mayor Cole was asked to break the tie. He explained his position and voted rio. Motion failed 3-2. Motion .was made by Bridges to amend the Sanger Electric Deposit Schedule changing the new rate on Large and Industrial businesses from $1.00 to $0.50. When commercial customers have paid bills for service for 12 consecutive billings without having more than 2 occasions in which a bill was delinquent, and when commercial customer is not delinquent in payment of current bill, Sanger Electric System is to refund their deposit. Nesbitt gave the second. Voted unan. 10. Mayor Cole called the meeting into closed session to consider legal matters pertaining to the sanitary landfill. 11. Mayor Cole called the meeting into open session and on a motion by Danny Spindle the City retained the firm of Booth, Lloyd, and Simmons, Austin, Texas, to represent the City of Sanger in connection with the appeal which has been filed challenging the action of the Texas Department of Health in issuing a municipal solid waste landfill permit to the city. Wendell Thomas gave the second. Voted unan. The fee structure for legal services is as follows: The time of Frank R. Booth will be billed at $145 per hour; the time of Robert H. Lloyd and Lutcher B. Simmons will be billed at $100 per hour; the time of junior principals and associates will be billed at either $75 per hour, or $60 per hour, or $50 per hour, depending on the individual involved (the time of Brent W. Ryan will be billed at $60 per hour). Additionally, we utilize briefing clerks to perform those tasks not requiring the time of an attorney. Briefing clerks' time will be billed at $20 per hour. We will submit all out-of-pocket expenses incurred for reimbursement, and will add a 15% overhead charge to all such expenses, with the exception of statutory filing fees. We try to have a statement in the mail by the 15th of each month and anticipate being paid within 30 days of receipt. 12. Other such matters: (a.) Thomas ask if Benny Erwin had been rehired. Lloyd answered yes. Thomas at same salary? Lloyd - yes. (b.) Bridges stated that he had talked with Mayor Cole and the city manager about being absent from the council meetings. He stated he thought he was in com- plaince, but that he would offer his resignation if necessary. Nesbitt stated that it was not a personal thing that the absenteeism was discussed, but the legal matters pending, he felt the city should walk the straight and narrow and get it straightened out now. Mayor Cole stated if Bridges had missed willfully was one thing, but since he had advised the Mayor and the city manager that it was the same as an excused absence. Discussion. Motion was made by Thomas that if at any future meetings a councilman missed that the item be placed on the next agenda for council action. Spindle gave the second. Voted unan. (c.) Donn Nesbitt discussed again with Council the extra work/extra pay item for employees during December which appeared on the agenda and was not considered. Discussion. Motion was made by Donn Nesbitt to give the employees with a year or more tenure $50 and $35 to those employees with less than a year tenure. The second was given by Danny Spindle. Voted unan. (d.) The regular called meeting was set for 6:00 p.m. Friday, January 8, 1982. Meeting adjourned. ATTEST: 7