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HomeMy WebLinkAbout08/06/1990 City Council MINUTES OF THE CITY COUNCIL MEETING HELD ON AUGUST 6, 1990 The Regular Session of the City Council of the City of The Colony, Texas was called to order at 7:30 p.m. on the 6th day of August, 1990 at. City Hall with the following Council roll call: Don Amick, Mayor Present Bill Manning, Councilman Present. Steve Withers, Councilman Present Mike Alianell, Councilman Present Rob Burchard, Councilman Present Lou Gomez, Councilman Present Joel Marks, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 3. PRESENTATION BY THE COLONY LITTLE LEAGUE ASSOCIATION Cindy Banks representing the Colony Little League Association presented Sylvia Brantley with three banners won by teams in The Colony this year. The banners are to be hung in the Recreation Center. 2. CITIZEN INPUT Jim Wallace 5032 Pemberton, stated he had received no response since his input at the July 17 meeting regarding the water rates. Mr. Wallace stated again that the rates are too high and asked the Council for relief. Mayor Amick said this item is being brought back to the Council agenda as a result of a written request from four Councilmembers and noted that. all are welcome to come back to that meeting to discuss this issue. Ken Wood, 5000 N. Colony Blvd., addressed the Council regarding the budget naming 4 items of concern to him: 1. Water and sewer rates 2. On-going Animal Control problems 3. Sign Ordinance 4. Mud on Plano Parkway Jerry Rooney, 5301 Sa~ers, addressed the Council regarding the water rates, expressing concern for the leaders of our City, noting that this increase leads him to believe the City will do whatever it wants no matter what the citizens think. Mr. Rooney suggested: 1.) Cut the rate in half or 2) when the needed goal is met, then abolish the increase. 003681 David Redman, 5117 Brandenburg, told the Council he had moved into The Colony in January and that. he probably would not b staying due to this increase, noting he thinks the increase in water and sewer will hurt the City more than help. Jerry Grimshaw, 4734 Squires, addressed the Council, stating he analyzed his water bills for 2 years and found an average of 9000 per month, noting his last bill was for 27,000 gallons, going on to say that something is wrong. Mr. Grimshaw also addressed the aesthetics of the City, stating he is pleased the Council is interested in such things, noting that. he feels the journalism in our local paper is part of the aesthetics of our city and that the coverage of the recent issue concerning the Chief of Police has been bad for the city's image and that if the Council supports Mr. Hall's action, he knows how he will vote. Mayor Amick stated that anyone wishing to address the issue concerning the Chief of Police should hold their con~nents until that item is addressed. Toby Pollard, 5401 Sutton Place, asked the Council to move the item regarding the Chief of Police up on the agenda. Brent Ledbetter, said he thinks waiting until August 20 to discuss the water rate increase is a mistake, stating some of the citizens cannot afford to pay another large bill, going on to say people should not be forced to pay such high bills. Mr. Ledbetter suggested forming a new committee made up of citizens and council to study t. his problem. Mayor Amick said the Council will address this on August 20 and hopefully will have a solution for the problem by that time. Dick Weaver, 4940 Hackney, said he was on the Water Rate Study Co~,~ittee and the intent was for the bills to increase no more than 25%. Mr. Weaver also expressed a desire for the matter regarding the Chief of Police to moved up on the agenda. 7:58 p.m. Mayor Amick announced the Council would address Item No. 14, Closed Door Session regarding personnel, to wit Chief of Police. Mr. Roosevelt Johnson asked if there would be citizen input on this item before the council went into closed door and the Mayor stated there would not be. Mr. Johnson then very belligerently stated the Council really should hear from the cit. izens first. Mayor Amick called Mr. Johnson out. of order and stated that if he continued he would be removed from the Chambers. Mr. Johnson continued to yell at the council as they exited the Chambers for the Closed Door Session. 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT: A. CHIEF OF POLICE 4 12:30 a.m. - Upon reconvening in Open Session the Mayor opened the floor for citizen input regarding the matter concerning the Chief of Police. Roosevelt. Johnson, 5077 Thompson, said he does not apologize for his earlier action, reminding the Council we live in a representative democracy and that he has a problem with the procedures followed, noting he does not believe Bill Hall acted by himself, going on to say the council should listen to the citizens and that. he knows they are not puppets. Larry Sample, said he is here on behalf on someone whom he thought was the best employee in the City and whom he thought ran the best department in the city. Mr. Sample said 13 years of service should be considered, asking why background is being brought up now after all this time. Mr. Sample said the Charter was written as it is to keep politics out of the police department and that he hoped this can be worked out.. Mr. Sample went on to say his support of Mr. Ristagno is unwavering, stating he does not see how a man can change so much as to be terminated. Diane Wilson, 5508 Russell,a citizen of 5 1/2 years said she not only supported Bill Hall, but noted she is not a member of any special group. She said low morale has caused the loss of the team effectiveness of our police department, noting police officers should not have to escort McDonald's employees to the bank in the middle of the night when they should be on patrol. Ms. Wilson said if we have to pay the high water rates, then use the excess to give the police department the equipment they really need and to eliminate the SWAT van, since we don't need it. Dick Weaver, 4940 Hackney, said he was on the first council, responsible for getting Nick Ristagno on the police force, noting that Mr. Ristagno first served the city as a volunteer. Mr. Weaver said he then served on the Council again (the last two years) and that he had asked for evaluations of departments and never got one as of June 5, 1990 and now the Chief of Police has been fired. Alton L. Scott, 5304 Gates, said he was asked to speak, noting that he is the newest hire in the police department, having been there 18 months. Mr. Scott said he cam from Ft. Worth Police Department. Scott stated that all the speakers thus far had stated that "that they know of" there are no problems in the police department and went on to say if they did know, then they would understand why Bill Hall took the action he did. Mr. Scott. cited a few of the problems in the department: 1. Officers have only recently been allowed to attend City Council meetings and that was due to a directive issued by Mr. Hall. Mr. Scott said there are two things you are told by the Chief of Police when you come to work here, 1) don't park in his 5 parking space and 2) he is the only politician in the department and you should not at. tend council meetings. 2. We have a SWAT team and t. he policy says they will meet once a month. There has been no practice in the 18 months I have been here. The van won't run most of the time. In last year's budget, cars were traded for entry shields. 3. It is standard practice to cite people for Public Intox even though they should be charged wit. h D.W.I. 4. The drunk cell has bunks in it. This is a bad situation, consider a drunk falling off the bunk and breaking his arm or worse. Straight jackets are being considered. This would be even worse. 5. There are more supervisors on day shift t, han there are patrol officers, which is wasteful and ridiculous. 6. All decisions are made by the top 4 people in the department. Other employees dare not~ have a mind of their own. Mr. Scott reiterated that the citizens and people in this room really don't know why the action was taken, noting it has been said Mr. Ristagno has a clean personnel file. Mr. Scot. t. said of course it is clean it has always been in his (Chief of Police) office and he certainly would not write himself up. Mr. Scott. briefly addressed training, stating Mr. Ristagno has no college or supervisory training and went. on t.o say that 13 years of distinguished service is great but we have to asked if he is qualified, noting we must grow and expand. Mr. Scot. t. said there are very real problems in the police department and said he wanted to be the first to salut, e the man who took action to help resolve those problems. John Thompson, 27 Lariat, Saratoga, said he is a former member of the police department and a current reserve officer, noting he came to work here in 1981 when five officers left the department. Mr. Thompson said the former speaker has only been here 18 months and yet. knows about all these problems. Mr. Thompson said it. takes common sense to run a department and noted that Mr. Ristagno cares about the department and The Colony and that he doesn't think there is a morale problem in the department, but that t. here is a select few officers who are unhappy. Ira Hicks, 4160 Clary Drive, asked if a 6 year employee would be acceptable, stating that everything Mr. Scott said was true. Mr. Hicks said Mr. Thompson is a reserve who comes out about 2 times a year, even though t. he policies state reserves are to work a minimum of 16 hours per month. Mr. Hicks went on to say that the reserves do not put in 16 hours a month, however, their paperwork is rubber stamped to show that they do, stating they do this for fun, this is not their livelihood. Mr. Hicks said the suggestions were only implemented to asked for changes in the department and that no one want. ed the Chief's job, stat. lng that he wasn't sure he even wanted to keep his own stripes. Mr. Hicks said a year ago there were about 5 members of the 00368, - department who had joined an organization called CLEAT (legal aid for law enforcement officers) and now there are 14 members in GLEAT. Mr. Hicks stated there is a reason for that. Frank Seymour, Tyler St. said that if the people protecting our city are no better trained than what was said then they would all be fired and the city should start over. Darnell Martin, 5216 Aztec, spoke on behalf of Mr. Ristagno, stating she had known him 13 1/2 years and she would back him to her dying day, She said she believes a few officers and Mr. Hall got their feathers ruffled. Roy Young, 5000 Hetherin~ton, said all he knows is that the Chief can be talked to and that he believes the chief is a fair man, 1:04 a.m. The Council went back into Closed Door Session 13. CLOSED DOOR SESSION AS AUTHORIZED BY ARTICLE 6252-17, V.A.C.S., SECTION 2G, REGARDING PERSONNEL, TO-WIT A. CHIEF OF POLICE 1:24 a.m. Upon reconvening in open session the Council addressed the following item. 14. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE CLOSED DOOR SESSION Mayor Amick said he entertain a motion to either ratify the City Manager's action or to overturn the action. Councilman Burchard moved to ratify the City Manager's action and Councilman Alianell seconded the motion which carried with a unanimous roll call vote. 4. CONSENT AGENDA A. CONSIDERATION OF APPROVAL OF THE MINUTES OF THE COUNCIL MEETINGS HELD JULY 16 AND 30, 1990 Councilman Alianell moved to approve the minutes as written and Councilman Marks seconded the motion which carried with a unanimous roll call vote. B. CONSIDERATION OF ACCEPTANCE AND AWARD OF BIDS ON A 3/4 TON PICK-UP FOR THE PARK AND RECREATION DEPARTMENT .AND APPROVAL OF ORDINANCE AUTHORIZING CONTRACT FOR PURCHASE OF SAME Councilman Alianell moved to accept the bids and award the bid to Hudiberg Chev. as recommended and to approve the ordinance 7 003680 as written and Councilman Marks seconded t. he motion which carried with a unanimous roll call vote. 5. REVIEW AND CONSIDERATION OF PROPOSAL FOR RECYCLING PROGRAM Councilman Withers moved to table this item until August 20 and Councilman Gomez seconded the motion which carried with a unanimous roll call vote. 6. FIRST READING OF INDUSTRIAL WASTE ORDINANCE Councilman Manning moved to table this item until August 20 and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 8. CONSIDERATION OF ACCEPTANCE OF A CONTRACT TO FREEMAN/MILLICAN FOR ENGINEERING SERVICES ON THE STATE REVOLVING FUND Councilman Manning moved to table this item until August 20 and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 10. REVIEW OF STRICKLAND DRAINAGE PLANS Councilman Manning moved to table this item until August 20 and Councilman Marks seconded the motion which carried with a unanimous roll call vote. 11. COUNCIL COMMITTEE REPORTS (OPTIONAL) None at this time 12. CITY MANAGER'S REPORT None at this time 7. CONSIDERATION OF REJECTION OF BIDS RECEIVED FOR EMPLOYEE INSURANCE AND APPROVAL FOR RE-ADVERTISEMENT OF SAME Mr. Hall explained that there were only 4 bids received and the only one of them which met the specifications was from Washington National Insurance Co., our current carrier and their bid showed a 67% increase in health insurance. Mr. Hall said that. many of our employees would not be able to cover their families at. this high premium. Councilman Alianell moved to reject the bids received and to approve re-advertisement of same. Councilman Burchard seconded the motion, which carried with a unanimous roll call vote. 9. PRESENTATION BY THE FINANCE DIRECTOR FOR WORKER'S COMPENSATION PROPOSALS 8 Mr. James England said that worker' compensation balances over the last: 4 years were up and the premium has escalated tremendous in the last. two years, going on to say we are with TML now and want to go out for bid for proposals, possibly saving the city money. Councilman Burchard asked a few questions regarding the increase in premiums, what. we can do to cut the claims and what. TML can do to help Mr. England said a safety program has been implemented to help, but. noted that we do have a bad record. Councilman Burchard sa id our specs should ask for a Best rating. After a brief discussion Councilman Alianell moved to approve advertisement for proposals. Councilman Burchard seconded the motion, which carried with a unanimous roll call vote, Mayor Amick reminded everyone of the budget work session set for Tuesday, August 7 and stated that the Water Study Committee has been reactivated and that Councilman Marks will now be sitting on the Coa,r, ittee. With no further business to address Councilman Alianell moved t.o adjourn and Councilman Marks seconded the motion, which carried with all members voting Aye. Mayor Amick adjourned the meeting at. 1:45 a.m. WiI~am W. Manning, M~-- ATTEST: Patti A. Hicks, City Secretary [SEAL]