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Minutes 

REGULAR CITY COUNCIL MEETING

MARCH 5, 2002
5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, March 5, 2002 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 RICK CARMONA

1. Call to Order.

Mayor Henry Madgwick called the meeting to order.

2. Invocation.

Pastor Lonnie Harris gave the opening prayer.

3. Consider Approval of City Council Regular Meeting Minutes of February 19, 2002.

Mayor Pro tem Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of February 19, 2002. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4. Conduct a Public Hearing to Receive Public Comment on Annexation of Properties Described as:

Mayor Henry Madgwick opened a Public Hearing to Receive Public Comment on Annexation of Properties Described below. City Engineer Stan Ballard gave an overview of the Annexation of Properties.

a.) Tract 1, Approximately 203 Acres of Land Including an Approximately 85 Acre Parcel of Land in the R. Sowell Survey, Abstract No. 443, owned by Charles Myers.

No one spoke for the Annexation of Tract 1, Approximately 203 Acres of Land Including an Approximately 85 Acre Parcel of Land in the R. Sowell Survey, Abstract No. 443, owned by Charles Myers. Mr. Charles Myers spoke against the Annexation of Tract 1.

b.) Tract 2, Approximately 33 Acres of Land, J.C. Hale Survey.

No one spoke for or against the Annexation of Tract 2, Approximately 33 Acres of Land, J.C. Hale Survey.

Mayor Henry Madgwick closed the Public Hearing.

NEW BUSINESS

5. Discuss and Consider Appointments to the Terrell Public Library Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Public Library Board. Councilmember Rick Carmona made a motion to re-appointment Ann Huffman and Beverly Brittain to the Terrell Public Library Board. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Ordinance No. 2085 - Amending Chapter 3, Animal Control of the Revised Code of Ordinances of the City of Terrell; Providing for a Penalty Clause; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date.

Mayor Henry Madgwick made a motion to table this item to the April 4, 2002 Special Council Meeting and Workshop. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Approval of Ordinance No. 2100: Amending Appendix 1: Fee Schedule, Section 5: Animal Control Fees.

Councilmember Rick Carmona made a motion to table this item to the April 4, 2002 Council Meeting and Workshop. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. Discuss and Consider Award of Bid 02-25-01 Pothole Patching Truck.

Steve Rogers, Director of Public Works presented to Council for discussion and consideration Award of Bid 02-25-01 - Pothole Patching Truck. Councilmember Lee Schaeffer made a motion to award to low bidder AZKO Nobel plus the additional equipment in the amount of 87,445.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

9. Receive and Consider Accepting Proposal from Architectural Firm to Begin Round House Planning Study and Evaluation.

City Manager Gordon Pierce presented to Council for discussion and consideration Accepting Proposal from Architectural Firm to Begin Round House Planning Study and Evaluation. Mayor Pro tem Frances Anderson made a motion to authorize the Mayor to execute the Proposal for Architectural Services contingent upon approval of the Texas Historical Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Resolution No. 428 - Establishing Travel Policy for City Council Members and Staff Traveling in Town and Out of Town.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 428 - Establishing Travel Policy for City Council Members and Staff Traveling in Town and Out of Town. Councilmember Lee Schaeffer made a motion to approve Resolution No. 428 - Establishing Travel Policy for City Council Members and Staff Traveling in Town and Out of Town. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Resolution No. 428

A RESOLUTION ESTABLISHING TRAVEL POLICY FOR CITY COUNCIL MEMBERS AND STAFF TRAVELING IN TOWN AND OUT OF TOWN.

BE IT RESOLVED by the City of Terrell, Texas, as follows:

1.) It is hereby established as the policy of the City that:
I. City Council Travel Policy

(A.) Purpose and Need for Policy:
Several organizations at both State and Federal levels provide worthwhile meetings and educational sessions for elected officials throughout the year. These meetings are both helpful to Council Members in fulfilling their responsibility to the citizens and important in fostering legislation favorable to the City. There are certain occasions when it is appropriate for spouses to accompany the Council Member in attendance at such meetings.

(B.) Policy:
Funds shall be budgeted for all members of the Council to attend the following:
(1.) Texas Municipal League Annual Meeting;
(2.) Two meetings at the National Level:
(a.) National League of Cities - Washington, D.C.
(b.) Annual Congress of City and Exposition - various locations; or
(c.) Other meetings as designated by the Council; such as Kaufman County Day in Austin, Texas.
(3.) the Annual Institute of Mayors and Council Members conducted by TML;
(4.) additional funds shall be available for Council Members who are appointed to specific committees at the local, State, or Federal level.

The Mayor shall be authorized to attend the Annual U.S. Conference of Mayors meeting.

In addition, funds shall be budgeted for unscheduled and unanticipated trips as may be necessary for the Mayor and Council Members to meet with Federal or State agencies concerning City business.

(C.) Procedure to Accomplish Policy:
Upon receipt of notice of meeting, the City Manager's secretary will provide a copy of the notice of meeting to Council Members. The notice will provide a reply as to the intent of the Council Member, if he or she will be attending, and if spouse would be included in travel plans. Upon receipt of the reply form, the secretary will make the necessary travel arrangements for all attending.

Airline tickets and hotel reservations will be provided in ample time prior to the meeting date.

(D.) Responsibility and Authority:
It shall be the responsibility of the City Manager's office to notify City Council of appropriate meetings, dates, and locations.

Each Council Member shall be responsible for advising the City Manager's secretary as to their travel plans.

The City Manager's secretary shall be responsible for making all travel arrangements and delivery of travel information to each Council Member. Travel shall be arranged by the most economical mode available.

The following shall be observed in all travel by Mayor and Council Members:

Travel:
Automobile travel: City-owned vehicles (including motor pool vehicles) may be used by authorized City Council Members for trips to locations within a 300 mile radius of Terrell. In these cases allowances will be made only for subsistence and such other legitimate expenses as may be justified. Reimbursements for gasoline, oil, and minor repairs will be made only upon presentation of receipts and other necessary materials to the Accounts Payable Department.

Rental cars may be used when other means of transportation will provide an extraordinary handicap to the Council Member.

Personal vehicles may be used for business trips and reimbursement will be made for the meeting related mileage at the IRS allowable rate. Reimbursement of personal car expenses shall not exceed the cost of the lowest logical airfare available on the date(s) of travel.

Lodging: Lodging expenses will be reimbursed on an actual-cost basis.

Meals: Expenses of meals will be reimbursed on an actual-cost basis or per diem. Per diem shall be set at a rate of $60/day or by individual meals at a rate of $15 for breakfast, $15 lunch, and $30 for evening dinner. Per diem amount does include reasonable gratuities expended during a business trip. If meals are reimbursed on an actual-cost basis, each member will be reimbursed for reasonable gratuities for service provide, i.e., $15% of the total meal cost.

Registration: When expenses are included in registration fees for conferences, seminars, etc., reimbursement will not exceed the cost of registration. For example, if an employee or Council Member attends a seminar for which meals and lodging are included in the registration fee, and the employee elects lodging and meals other than those included in the registration package, reimbursement will not exceed the cost of the registration fee. Fees charged for registration at any convention or meeting are allowed. Receipts must be supplied.

Cash advances: Cash advances will be issued upon request by Council Members.

Budget Appropriation Sets Limits: further restrictions on travel and meeting expense are established by the limits of appropriation established by the City Council for travel meetings and dues each year in the budgetary process.

Reporting: receipts shall be submitted no later than ten (10) days after returning from the trip. Refer to City Credit Card Policy for expenses paid by that method.

Accounting for Travel Expenses: accounting for travel expenses shall be the responsibility of each Council Member. Upon submission of City Expense Report, supported by receipts or other documentation, the City shall reimburse the Council Member for his or her expenses related to the authorized travel. The receivable account will be cleared when an Expense Report is submitted, approved, and processed within ten (10) working days after date of return.

The Expense Report should be supported by documentation (receipts) for expenses outlined herein and should include a copy of the Request for Travel or Local Meeting Authorization. Reimbursements will not be made for expense items exceeding $25 not supported by appropriate documentation. The registration form for any seminar, conference, convention, etc., shall be attached to the Expense Report for reference.

The actual expenses of the trip will be charged to the proper departmental account and decoded from the approved Expense Report submitted by the Council Member.

In instances in which an advance was made and not entirely expended, the Expense Report should be submitted to the City Manager's office for processing accompanied by a personal check or money order from the Council Member for the amount of the unexpended advance. The Council Member's receivable account will be credited for the amount returned as well as the total amount of expenditures approved on the Expense Report.

Per diem and travel policies for out of town meetings are in effect for staff as well as City Council.

(E.) Disallowable items:
The following items will not be reimbursed or paid for by the City. Any expenditure for these items will be charged to the applicable Council Member.
(1.) Alcoholic beverages;
(2.) Entertainment;
(3.) Expenses of children or guests;
(4.) Laundry and valet service for trips less than one (1) week;
(5.) Any item of a personal nature;
(6.) Tours; or
(7.) Health club expenses.

II. City Council / Staff in Town and Area Travel Policy

(A.) Statement
The City of Terrell Council and personnel staff have responsibilities to participate in local and area meetings, events, and educational sessions for the benefit of the City of Terrell

(B.) Policy
Funds are budgeted for members of Council and staff to travel locally to area meetings and functions.

In most cases, staff will be provided public vehicles for travel to local and area meetings and functions. When public vehicles are not available, staff will be reimbursed at the IRS allowable rate. Council Members may also utilize a public vehicle if they desire. Council Members may travel to both local and area activities and shall be reimbursed at the federal allowable rate.

To receive reimbursement for use of personal vehicles, both staff and Council Members must submit information on approved vehicle log sheet. To receive reimbursement, log sheet must include the name(s) of the person(s) traveling, date, origin of the trip, destination of the trip, beginning and ending mileage, and purpose of trip. The department head, finance department, and management approve staff mileage. A committee of two (2) Council Members, appointed by the Mayor will approve City Council mileage and expenses prior to reimbursement.

(C.) Meals
Department heads will be reimbursed for meals at local establishments upon approval of management. Meals may be reimbursed for department heads and guests if meal is held for public purpose.

To receive reimbursement for meals, department heads must provide an expense report and shall attempt to receive approval from management in advance.

Council Members may be reimbursed for local meals if appropriate documentation is provided and reimbursement approved by appointed Council Committee.

Staff upon occasion may have justified travel within the area for public meetings (TML, NCTCOG workshops, etc.). In most cases public vehicles are provided but if use of personal vehicle is required, reimbursement will be provided. Meals as part of registration will be paid in advance. If meals are not included and the employee is out of the city during normal meal times, the per diem policy will apply.

Council Members upon occasion may have justified travel within the area for public meetings (TML, NCTCOG workshops, etc.). If the use of a personal vehicle is required reimbursement will be provided. Meals as part of registration will be paid in advance. If per diem is not adequate due to location of meeting, actual receipts will be adequate for justification for reimbursement less the per diem amount already allocated. Expense reimbursement for Council must be approved by appointed Council Committee.

(D.) Spouse Accompaniment
In some cases it is appropriate for department heads and/or City Council to attend local and area civic banquets and other functions. In many cases it is appropriate for the spouse or companion to accompany department heads or Council Members. The appropriateness will be determined on a case by case basis. When appropriate, Council Member or staff person will be reimbursed for the cost of tickets for Council Member and spouse/companion.

The appointed Council Committee will determine the appropriateness of spouse/ companion attendance for Council Members.

Management will determine the appropriateness of spouse/companion attendance on a case by case basis for staff members.

Examples would be attendance at SWCC Annual Banquet, Chamber of Commerce Banquet, Terrell State Hospital community functions, and Terrell Independent School District Banquet.

(E.) Local Mileage Other than Meetings
(1.) If public vehicle is not available, staff will be reimbursed for personal use of privately owned vehicle if required to perform City business during normal working hours. For reimbursement, a vehicle log sheet with required information will need approval by department head and management.

(2.) Council Members may periodically have justified travel within the City and area for city business. For reimbursement, a vehicle log sheet with required information requires approval by appointed Council Committee.

(F.) Gifts / Flowers
City Management shall approve flowers for ill or deceased employees, Council Members, or immediate family members. Immediate family includes: spouse, parent, child, brother, sister, grandparent, and shall include brother-in-law, sister-in-law, parent-in-law, or any person living in the household of the employee or Council Member.

Other flowers or gifts presented by City Council shall be approved by the appointed Council Committee.

This policy is to compliment Employee Travel Policy as outlined in Chapter 18 of the Employee Handbook for the City of Terrell. The most restrictive section of either policy shall apply to the employee.

The appointed Council Committee shall approve any modification to this policy for Council Members.

Passed and Adopted this the 5th day of March, 2002.

11. Discuss and Consider Approval of Ordinance No. 2109 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2109 - Budget Amendment on first reading. Mayor Pro tem Frances Anderson made a motion to approve Ordinance No. 2109 - Budget Amendment on first reading. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2109

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, AS PASSED AND ADOPTED ON SEPTEMBER 4, 2001 TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

12. Hear Remarks from Visitors.

Joe Wages spoke to Council regarding his opposition to the Animal Control Ordinance.
Mrs. Margaret Wages spoke to Council regarding her opposition the proposed Animal Control

OLD BUSINESS
CONSENT AGENDA

13. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following: Section 551.074 - Personnel Matters Regarding Search for Fire Chief and Assistant City Manager.

Council adjourned into Executive Session.

14. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

There was no action taken in Executive Session.

15. Adjourn.

There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned.

____________________________________
Henry C. Madgwick, Sr., Mayor

ATTEST:

_________________________________
John Rounsavall, City Secretary

City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 

Copyright  2002
City of Terrell
All rights reserved

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