COUNTY OF DALLASICOUNTY OF KAUFMAN CITY OF SEAGOVILLE CITY COUNCIL MINUTES  CITY OF SEAGOVILLE  The City Council of the City of Seagoville met in a Regular Meeting on Monday, November 14, 2011 beginning at 7:30 p.m. in the Council Chambers of City Hall, 702 N.  Highway 175, Seagoville, Texas, with the following members present:  Mayor Council Member Council Member Council Member Council Member Council Member  Sidney M. Sexton, Jr Terri Ashmore. Harold Magill Dennis Childress Lee Landess Peggy Day  The following members were absent:  None  The following City staff members were present:  City Manager Assistant City Manager/PWD City Secretary City Attorney  Larry Graves Mike Hitt Sheila Martin Robert E. Hager  Mayor Sexton called the meeting to order at 7:30 p.m., and led the invocation. The  Mayor and City Council led the Pledge of Allegiance. PRESENTATION/PROCLAMATIONIS) Veteran's Day Proclamation  SPEAKERS  James H. Lauderdale, 813 Ard Road - has an issue with the fence on the 600 and 700 block of Ard Road = This was not an agenda item sO the issue was moved to Citizen Comment portion of the meeting. The City Council approved moving to the Citizen  Comments item at this time. CITIZEN COMMENTS  James H. Lauderdale, 813 Ard Road, advised that there is a fence that is very dangerous and obnoxious located in 600 and 700 block of Ard Road. States it is dangerous for the people on Macy and the next street down because they cannot see and even though there is a stop sign there, he has personally almost had a head-on collision. He is trying to sell his property at 2701 Prescott and has been turned down  twice because of that fence.    City Council Regular Meeting Minutes November 14, 2011 Page 2 of6  CONSENT AGENDA  1. October 17, 2011 City Council Meeting Minutes  Harold Magill made a MOTION, Terri Ashmore SECONDED to approve the Consent  Agenda as presented Vote -5A Ayes PUBLIC HEARINGS None  O-Nays  ACTION ITEMS  2. By Minute Entry consider Leticia Banuelos' application to the Keep Seagoville  Beautiful Commission.  Harold Magill made a MOTION, Lee Landess SECONDED  Vote -5Ayes  0-Nays  3. By Minute Entry nominate a candidate to serve as the Suburban Cities Representative to the Dallas Central Appraisal District (DCAD) and Approve  Resolution No. 64-11 Casting a City Ballotfor the Same  Harold Magill made a MOTION to approve Michael Hurt, Lee Landess SECONDED  Vote -4 Ayes  1-N Nays (Childress)  (Ashmore, Magill, Lee, Day)  4. Consider Resolution NO. 63-11 Authorizing the Mayor to Sign the Attorney General's Chapter 59 Asset Forfeiture Report Reflecting the Police Department's State Asset Forfeiture Report from October 1, 2010 through September 30, 2011  Harold Magill made a MOTION, Peggy Day SECONDED  Vote - 5 Ayes  0-Nays    City Council Regular Meeting Minutes November 14, 2011 Page 3of6  5. Council Discussion of Texas Senate Bill 100 and the Federal Military Overseas  Voter Empowerment Act (MOVE)  City Attorney Robert Hager provided an overview of SB 100 and the potential issues with the Council. Since the City has just amended the Charter, Mr. Hager advises that state law would supersede the Home Rule Charter in the case the Charter calls for a May election and the Council elects to move the election to November. This would mean that those terms up for election in May of 2012 would have to serve until November 2012 when the Municipal Election would be held, this year, in conjunction with the Presidential election. There are concerns that holding the elections in November in conjunction with State and/or Federal elections may complicate the general elections as far as getting results back, bleeding off" partisan politics into each candidates own political run for Lee Landess questioned the City Attorney concerning the holding of a Charter election if the Council elected to go to a November election. Mr. Hager stated that the City would have to do that at some point as a cleanup item but could not hold such an election until Discussion between the Council and the City Attorney concerning the holding of elections in November verses May; the willingness of the County to hold one more election in May without guarantee of any future years; the possible changes in the Legislature again based on the fact that sO many cities desire to hold the election in May; the cost of holding election in May verses November; the costs related to voting City Manager Larry Graves questioned the City Attorney concerning the possibility of the City Council making the decision to move the election to November 2012 and then the Legislature makes amendments in 2013 that make it more amenable to hold the elections in May, what is the prospects of the switch back to May? Mr. Hager replied that it would just be an assumption on his part and that it may be, (1) once you've opted in, you've opted in; (2) maybe the terms would be shortened for those moved back to Peggy Day questioned whether or not the term for everyone currently on the Council would be extended from May to November of the respective year. Mr. Hager advised that would be necessary to comply with the staggered requirements of the Charter. Lee Landess mentions the advantage offered by the City Manager is that there would not be brand new council members during the budget process. Harold Magill states that Mr. Hager states that there are pluses and minuses but ultimately the way the law is written, you can comply legally with the Charter and with state law by either opting out of the November election and remaining in May or by going with November. Lee Landess states that this is just a discussion but in his opinion, he believes the City should go with November if for nothing else just the budget part ofi it and the fact that you are getting more voters out makes it worth it. Plus, you are not holding yourself at the mercy because the counties are going to keep cutting costs because the economic situation isn'tgetting any better. He believes that by doing this, the City is at least "kind-  office, which is supposed to be non-partisan under state law.  May of 2013.  machines; and other similar matters relative to this issue.  May; or (3) extend the terms further.  is a plus.    City Council Regular Meeting Minutes November 14, 2011 Page 4 of6  of" guaranteeing that the City will be in the position where costs are limited because they  may not do May elections the next time around. Harold Magill was in agreement. that kind of increase in costs.  Dennis Childress states that he would love to see the November "deal" but hates to see Peggy Day questioned whether or not the City would be required to change back if they elected the November date and the Legislature went back to May. Mr. Hager advised City Secretary Sheila Martin states that although the actual election period is no later than December of 2012, Dallas County needs to know whether or not the City will be  that would depend upon what the Legislature does.  participating in the May 2012 Election for contractual purposes. LeeLandess states that it is his opinion to go with Option #3.  Itwas the consensus of the Council to bring this back for discussion and decision at the  December 12, 2011 Regular Council meeting. 6. Discuss City's Ethics Policy  City Attorney Robert Hager advised that the City Manager had requested a representative sample of an Ethics Policy for the Council's review and discussion. Two (2) samples were presented which provided for censure, public reprimand, controlling interactions with boards and commissions, interactions with vendors, what you can and cannot do when you away on business, reimbursements and those types of things. Harold Magill would like more time to look over these since there are parts of both of Peggy Day thought there was a pretty comprehensive Ethics Policy and asks what types of things needed to be addressed. Harold Magill responded with influence with boards, commissions, businesses, developers, citizens and other issues that would create a perception that a particular council member should abstain from voting on. Lee Landess believes it is something that could just turn into a "witch hunt" because some of the issues are sO vague and it is difficult enough to get people to run for council as it is now without having "people to start slinging mud and accusing of unethical Terri Ashmore states that she does not believe it is a bad idea to have a refined guideline because as the City's grows, and that's what the City is looking for, need to stay ahead and take proactive steps to get ready for the future. She believes that on the boards and committees, the Council chooses those people and selects those believed to be qualified to address the issues before them. Therefore, the Council has to trust those people to make the appropriate decisions in their capacity as a board and/or commission member because the council is not an advisory board to them, they are an advisory City Attorney states that these ordinances are to help protect council against allegations of impropriety. He advises that in the event there is a potential ethical issue, he would recommend an outside person to look into the allegations. He suggests the ethics policy  them he likes and parts he is concerned with.  things." There are SO many gray areas.  board to the council.  not be discounted or the policy's ability to protect the City Council.    City Council Regular Meeting Minutes November 14, 2011 Page 50 of6 town.  Lee Landess expresses concerns because everyone knows "all the players" in a small  Harold Magill views as a protection policy. an issue when they are not disclosed.  City Attorney advises of the Disclosure Form under State law disclosing the relationship. Many times should be filled out just out of transparency. Conflicts of Interests become Dennis Childress states that once the seed of doubt is planted, it is hard to get rid of. Council requested Mr. Hager provides to them a copy of the Vendor's Disclosure Act.  Harold Magill believes more time needs to be spent on review.  7. FUTURE AGENDA ITEMS  Harold Magill doesn't know whether it is a future agenda item but has noticed that driving through the City lately, we have several lots that have high grass, high weeds, found several piles of junk, abandoned cars and even open storage in front yards that Lee Landess = extraterritorial jurisdiction going out toward the Trinity River bottoms and that direction, the costs to City to determine if worth pursuing as well as City having some role in the levee district on this side due to the impact if it becomes an industrial or Lee Landess - Also, the zoning on Malloy Bridge Road between the highway and  shouldn't be there. Requests we look at that a little closer.  warehouse district.  downtown to make it where some businesses can come in.  EXECUTIVE SESSION  8. The City Council shall convene into closed executive session pursuant to Section 551.071 of the Texas Government Code to seek legal advice from the City Attorney concerning pending litigation including, but not limited to, settlement offer concerning Cause No. 06-01444-F, styled City of Seagoville V. Edwin Shields, 9. The City Council shall convene into closed executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public The Council and City Attorney convened into closed executive session at 8:27 p.m.  Ruby Shields, and Texas Our Homes, Inc.  officer, to wit: City Secretary.  The City Council reconvened into Open Session at 10:21 p.m.  City Attorney Robert Hager stated for the record that Council Member Landess received an emergency call and had to leave from executive session prior to the completion of the second agenda item and could not be present for the remainder of the meeting.    City Council Regular Meeting Minutes November 14, 2011 Page 6 of6  As a result of the executive session, the City Attorney requested that the City Council a. Ar motion to approve of a Jydgment in the form provided to you which would be a judgment against Edwin Shields, Ruby Shields and Texas Our Homes, Inc. which would enjoin them from operating a boarding house or an Assisted Care Facility located at 111 Fisk Street, Seagoville, Dallas County, Texas; that the City would, for receiving that Judgment, waive its civil penalties and that the Shields have a take nothing judgment for their claims against the City; and, that you authorize the City Attorney and the Manager to execute that Judgment which will be Harold Magill made a MOTION as the motion was read that we accept, Dennis  take action on the following:  incorporated into the certified agenda.  Childress SECONDED Vote - 4 Ayes  0-Nays  b. As to the second agenda item concerning the City Secretary, the City Attorney asked the Council to consider the acceptance of the resignation of the City Secretary, Sheila J. Martin, as city secretary for the City of Seagoville, to be effective on January 15, 2012; that until such time, Ms. Martin would be available to the City Manager for consultation regarding her duties; and requests a motion Harold Magill made a MOTION as the motion as read accepting the resignation,  concerning the same. Peggy Day SECONDED Vote -4/ Ayes  0-N Nays  ADJOURN- -  Mayor Sexton adjourned the Council meeting at 10:24 p.m. Approved this the 12h day of December, 2011 Aicnenn Aytg Mayor SidneyM. Sexton, Jr.  ATTEST:  Baune City Secretary  Cindy D. Brown, Interim Lusu