AGENDA NOTICE OF REGULAR MEETING OF THE CITY COUNCIL OF CUMBY, TEXAS This notice is posted pursuant to the Texas Open Meetings Act. Notice hereby given that the City Council ofthe City ofCumby, Texas will conduct a Regular Meeting on September 8. 2022,at6:30 Ifthe public desires to speak during a specific agenda item, they must email seean@eipolumbycen by 4:00 pm on the day of the meeting. The email must contain the person's name, address, phone number, and the agenda item(s) for which comments will be made. You may also communicate and send your comments to the City Councilmembers directly by emailing; emangsipofsimtsicw, p.m., at 100 East Main Street, Cumby, Texas. City Council Chambers. alderman2Qcityofcumby.com; and emanasipotaumlsycw. The meeting agenda are posted online at www.cumbylx.com website. 1. CALL MEETING: TOORDER 2. PLEDGE OF ALLEGIANCE AND INVOCATION 3. ROLL CALL & QUORUM REPORT 4. PRESENTATION BY CITIZENS The City Council welcomes "Presentation by Citizens." Ifyou wish to speak, you must follow these guidelines. Asa courtesy to your fellow citizens and out of respect to our fellow citizens, we request that if you wish to Pursuant to TEX. GOV'T CODE 551.0415, the Mayor, a City Council member and Staff may report on the following items of community interest:(1) expression of thanks, congratulations or condolences (2) information about holiday schedules (3) recognition of individuals (4) reminders about upcoming events organized or sponsored by the City Council (5) Information about community events and (6) announcements involving imminent threat toj publicl health and safety. Additionally, pursuant to TEX. GOVTCODES51.042, the Mayor All matters listed under this item are considered routine by the City Council and willl be enacted by one motion. There will not be separate discussion of these items. If discussion is desired by any Alderman on any item, that speak that you follow guidelines posted at thel bottom of this Agenda. 5. CITY COUNCIL COMMENTS or Council members may request thati items be placed on future City Council agendas. CONSENT AGENDA & DEPARTMENT REPORTS item will be removed from the consent agenda and willl be considered separately. 6.1. Approval City Council Minutes, Special Meeting, August 9, 2022 (6:00pm) 6.2. Approval - City Council Regular Meeting Minutes August 9, 2022 (6:30pm) 6.3. Approval - City Council Special Meeting Minutes August 18, 2022 6.4. Approval - 2022 August Financials (P&L) 6.5. Approval -1 Fiscal Year 2021-2022 P&L 6.6. Approval - 2021-2022 Vendor Balance Summary 6.6.1. Recap of August 2022 billing (over $2500) (ifany) 6.7. Approval Public Works Department Activity Report 6.8. Approval - Utility / Maintenance Work Order Update Report 6.9. Approval- - Police Department Activity Report 6.10.A Approval - Municipal Court Activity Report 6.11.Approval- Building Permit Activity Report 6.12.1 Fire Department Activity Report September 8, 2022 Page 113 EXECUTIVE SESSION 6.12.In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into 612.1.1.Discussion I Action: $551.074: (a) to deliberate 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: Annual Review of staff members (all) 6.12.1.2. Discussion: $ 551.089 follow-up from July 5 & August 9, 2022, Executive session regarding questions posed on location of security equipment; accessibility and by whom. Executive Session (closed meeting) to discuss thei following: (Mayor Simmerman/Alderman Crocker) (Mayor) 7. RECONVENE INTO OPEN SESSION: 7.1. In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular 8.1. Discussion/Action: 3rd party engineer proposal review for building permit applied for by Cumby ISD 8.2. Discussion/Action: Resolution R-2022-06-10117 Tabled in. June, July and August 2022, Council Meetings: Amending City of Cumby Employee & Policy Manual as it Relates to: City of Cumby Participation with TML; Normal Working Hours, City Hall Staffand Maintenance Department Staff; Meal Periods; Overtime during a Week in which there is a City Holiday; Flex-time Work schedule (REMOVED); and Exempt Employees; Costs to the City Associated with Training programs for Staff, and Notification of Accident 8.3. Discussion / Action: Ordinance 0-2022-08-030 Tabled from August meeting; Republic Trash 8.4. Diseussion/Action: Unread meters and how ist the City addressing this problem? (Alderman Crocker) 8.5. Discussion / Action: Ordinance 0-2022-09-022 City Council of City of Cumby appointment of Presiding Municipal Judge for Cumby Municipal Court (runs concurrently with Mayoral election). (Mayor) 9.1. Discussion/Action: Record Council meetings for minute purposes. To ease the burden of taking notes during council meetings, Council proposes to purchase recording device and other equipment so meetings 9.2. Discussion/Action: Alderman 5 / Mayor Pro Tem Resignation from City Council, City of Cumby 9.4. Discussion/Action: Filling vacancy by Appointment per $22.010, filling vacancy on governing body or in 9.5. Discussion/Action: City of Cumby Filing Authority (City Secretary) declares positions unopposed and/or no candidate to governing body (City Council) Certification of Unopposed and/or No Candidates for Other Political Subdivisions (not county) in accordance with $2.051 - 2.053; Texas Election Code. 9.6. Discussion/Action: City Council Cancel Election scheduled for November 8, 2022, duet to no or unopposed candidates for Alderman Place 1, Alderman Place 2, and Mayor. Order of Cancellation in accordance with Session to consider action, ifany, on matters discussed in Executive Session. 8. OLD BUSINESS Incident to City Secretary (Mayor Simmerman) Commercial Services fees ** Research as a Franchise Tax ** (City Secretary) 9. NEW: BUSINESS may be recorded. (Council) (Alderman Ryan Horne) other municipal office (Mayor) 9.3. Discussion/Action: Appointment of Mayor Pro Tem $2.053(a) of the Texas Election Code. ADJOURNMENT Executive Sessions Authorized The City Council for the City of Cumby reserves right to adjourn into executive session at any time during the course ofthis meeting to discuss any matter authorized by" Texas Government Code Sections 551.071 (Consultation with Attorney); 551.072 (Deliberations relatedt to Real Property); 551.073 (Deliberations related top prospective gifts or donations); Section 551.074 (Personnel! Matter); 551.076 (Deliberations regarding the deployment of security devices or the implementation ofsecurity policy); and 551.087 (Deliberations regarding Economic Development negotiations). September 8. 2022 Page213 Attendance by Other Elected or Appointed Officials- NOTICEOFI POTENTIALQUORUM: Itis anticipatedt thati members of City Council or other city board, commissions and/or committees may attend the meeting in numbers that may constitute a quorum oft the other city boards, commission and/or committees. Notice ist hereby given that the meeting, tot the extent required by law, is also notices as a meeting of the other boards, commissions and/or committees of the City, whose members may be in attendance. The members of the boards, commissions and/or committees may participate in discussions on the same items listed on the agenda, which occur at the meeting, but no action will be taken by such in attendance unless such item and action is specifically provided for on an agenda for that board, commission or committee subject tot the" Texas Open Meetings Act. Presentation by Citizens Guidelines: Thel Mayor willi recognize those citizens whoi have signed up prior tot the: start oft the meeting. Pursuant tol Resolution No. 2020-12 Citizens are given three minutes (3:00) to speak during Presentation by Citizens." Members oft thej public may only speak once and cannot pass thei individual'st time allotment to someone else. Direct your comments tot the entire Council, not to ani individual member. Show the Council members the: same respect and courtesy thaty you expect tot bes shown to you. The Mayor will rule any disruptive behavior, including shouting or derogatory statements or comments, out of order. Continuation ofthist type ofbehavior could result in a request by the Mayor that the individual leavet thet meeting, andi if refused, an order of removal. In compliance with the Texas Open Meetings Act, no member of City Council may deliberate on citizen comments: for items not ont the agenda. (Attomey General Opinion - JC0169) CERTIFICATE: Ihereby certify that the above Notice of Meeting was posted on the City Hall bulletin board on the September 2. 2022, at a place convenient and readily accessible to the general public at all times, and to the city's website, tp/wctmbyik.om. in compliance with Chapter 551, Texas Government Code. CIT" I ayaihnt Betty Jo Hardman, City Secretary September 8. 2022 Page313