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HomeMy WebLinkAbout09/26/1994 City Council 00537! MINUTES OF THE CITY COUNCIL MEETING HELD ON SEPTEMBER 26, 1994 The Special Session of the City Council of the City of The Colony, Texas was called to order at 7:00 p.m. on the 26th day of September, 1994, at City Hall with the following Council roll call: William W. Manning, Mayor Present Mike Lynch, Mayor Pro-tern Present Toby Pollard, Councilman Present Kay Hardin, Councilman Present Rob Burchard, Councilman Present John Dillard, Councilman Present Lynda Tate, Councilman Present and with seven present, a quorum was established and the following items were addressed: 1. PLEDGE OF ALLEGIANCE 2. CONSIDERATION OF AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE YEAR 1994 Mr. Johnny Smith stated the tax rate is $.80 per $100.00 assessed valuation, which does not reflect an increase, and that staff recommends approval. Motion to approve the ordinance as written - Burchard; second - Dillard, carried with a unanimous roll call vote. 3. CONSIDERATION OF AN ORDINANCE ADOPTING THE MUNICIPAL BUDGET FOR THE FISCAL YEAR 1994-95 Mr. Smith stated that those changes made after the last work session are included in Version 7 of this budget and that they have been broken out to show exactly where they are. Mr. Smith said the budget as presented includes operations, capital expenditures, capital projects, merit plan for employees and long term disability. Mr. Smith summarized each change and Mayor Manning noted that operations seems to be down slightly. Councilman Pollard asked what the dollar amount related to the 17 million gallon decrease in water usage is and Mr. Smith stated he would have to get that information. Mr. Smith said staff will attempt to come in under budget and will work toward a $500,000 reserve in the General Fund within the next 3 years. Mr. Smith stated that staff will also work toward a reserve in the Enterprise Fund. Motion to approve the ordinance as written - Lynch; second - Burchard, carried with a 3 005372 unanimous roll call vote. 4. CONSIDERATION OF A BUDGET AMENDMENT TO THE 1993-94 MUNICIPAL BUDGET RELATING TO THE EMERGENCY EOUIPMENT FUND Motion to approve the amendment as recommended - Pollard; second - Tate. Mr. England stated that the purchase of a new 1 1/2 ton Ford Super duty Chassis for our existing ambulance number one will be funded from the Emergency Equipment Fund and that this item is a budget amendment to move the necessary $53,095.00 from that Fund to the General Fund. Motion carried with a unanimous roll call vote. At this time Mayor Manning recognized the many citizens in attendance and suggested that they be allowed to speak prior to the Executive Session as he believed many of them wished to express their opinion and it might be beneficial to the council to hear their remarks prior to recessing. Dawn Hu,son. 5033 Thompson. did not wish to speak but asked that her position be recorded. Ms. Hutson is in favor of renewal of the contracts for the City Secretary and the City Manager. Billy Sharp, 4909 Middleton Cir,, I put down originally to speak as optional. My concern is if we do have an option to either renew or not renew the contracts for City Manager and City Secretary, I would like to know why we would not want to renew Johnny Smith's contract because he has been here such a short time. Has he done anything wrong? We don't know. We haven't seen it in print. Patti Hicks, she was City Secretary of the year in the state of Texas last year. What causes her demise? When I was on Council, we came up with a bi-annual review. What were in the reviews of these two employees? I know Johnny Smith probably hasn't had one yet. But I'm sure Patti has. Was there anything detrimental in the review? I for one would like to know publicly why these two people should not have their contracts renewed. This is what I've heard on the street, that's going around. I would like to hear it after ya'll come out of executive session. Ken Wood. 5000 N, Colony Blvd., As some of you that have been here for a while know, I have been coming to council meetings since the days when council was held up in the old building next to the fire station and my observation has been that over the years our budget process simply gets too detailed, too micro-managed and ends up with everybody grumpy and tired. Too many meetings, too much detail. You're tired, you're frustrated and you end up with a situation like this where the word on the street, so to speak, is that heads must roll. I think that no one is at fault for that. It just sort of evolved into being that way. It's been that way, it continues to be done that way and obviously when we get to this point, 4 0053?3 it is time to look for a new way to do it. I have some comments on that but will save them for the future. It is not germane to the current issue. While the council has the right to discuss personnel issues in private for obvious reasons, I expect that those who want heads to roll explain to us their reasons for wanting heads to roll. We're the constituents you represent and we ought to know what's going on and I for one, want to know before you to into executive session why you want to take this action and then we can sit here and think about it while you're in executive session. I would also feel real silly standing here defending two outstanding employees if you discovered they were robbing banks. But I think we ought to know what's going on. I don't think we need to talk much about Patti. Her record stands on its own and as a citizen, if I hear someone wants to get rid of an outstanding employee like Patti, I have to wonder if there is a problem with Patti or if the problem is in the eyes of the beholder. Speaking as a Library Board member, our activity involved in the Library Board gets us more involved with the day to day operations than really understanding all the things that of on over in the Council. We meet every month over in the Library with the Director. We find out what's going on. We discuss the kinds of problems that are going on in the Library so I think we have a sense of how things are at the staff level, the department level, as opposed to here at the Council level. I know from experience at work when there is a change at the top, there's concerns, a trickle effect; so I made it a point several months after Johnny was chosen as City Manager, I asked Joan at a Library Board meeting how things were going. I wanted to know if things were going well. She said things were going fine. The City Manager was attentive to their interests, was responsive, everyone felt upbeat, positive. The impression I got was staff felt good about the working relationship with the City Manager. The impression I got was that everyone felt that the prospects for the future were good. So from the staff point of view, it would certainly appear, the sense I get as a Library Board member, the staff is pleased with the working relationship. But again as a citizen I need to know what is going on that would make that change. Finally, think about the amount of work that went into finding a City Manager, the investment of time and money. I simply don't believe our City Manager has been on the job long enough for us to have reached the point where we can make a decision like this. So I ask you when you go into that executive session to ask yourself hard questions about what is good for the City, what's good for the city staff that has to carry out the policies and actions that you take, the one's that have to execute the budget, not just what the particular concerns are. Helene Rooney, 5301 Sagers, I have been a resident of The Colony for 15 years. Only something I feel very strongly about could get me to speak publicly. Tonight I feel very strongly. In my opinion, the best thing the city has ever done in a long time was to hire an intelligent gentleman like Johnny Smith. We had high hopes for the City, with some new council members, people thought our city would grow. Boy was I wrong. We still have some council members who want to wield too much power. Mr. Smith has cooperated with the citizens of this community in the past five months. He returns calls, and if he doesn't know the answer, he finds it and gets back to us. I have sat at meetings and been impressed with his vast knowledge on various things that come up. I've heard him on numerous 00537, occasions say to the council, now how do you want me to handle or pursue this, always in a cooperative manner. In the short time the man has been with us, he has done his homework, spoke highly of the Librarian, credited jobs well done, I could go on and on. Patti has served the city for 15 years very well and probably knows more about running this city than some of you on council. I sat here and watched you vote down a well presented plan for a marina in the cove, something I believe I and a lot of other citizens wanted. Many of us wanted the take home policy of the police department to continue. It didn't matter what we wanted, you voted it down. I sat here and watched a poorly presented plan for a building strip on a main street when others were presented well and left discouraged and voted down. I could go on and on. In short, the only thing we seem to be proud of in our city is our high school and our young people. It is certainly the only good publicity we get. If you let Johnny Smith go after only five months, in my opinion we will once again be the laughing stock of our neighboring cities. God knows where we will ever get another intelligent man or woman to fill the job. In dosing, if you do not vote to keep these people, I will do everything in my power to see that you never represent this city again. In fact, it might be proven that some of you should not be able to finish your terms. Again, citizens of The Colony, we are known as a bedroom community. Please, please don't just sleep here. Take an interest in what is going on in your city and watch it grow, or should I say, not grow. Jerry R0oney, 5301 Sagers, My wife and I both came to speak tonight. We did our speeches separately but after hearing what she said, I'm going to pretty much be repeating. I'm a resident of The Colony and I'm wondering where the city is going. I don't like the direction it is headed. Just when you feel we have a new council working with the Mayor and City Manager, someone tries to derail it. Why? Is it a power struggle or is someone up there on this council who was not in favor of approving Johnny as City Manager now trying to remove him from the position after only five months of service. Something is wrong here because I keep hearing from the council about what's best for the City. This will not be. Just from observing at meetings, I have the opinion this man has in a few months, learned enough about this dty, has the knowledge and the ability, with the cooperation of the council, to move the city in the right direction. Speaking for myself, I have been in contact with Johnny Smith on three different occasions with problems I have had. On each occasion, he not only solved the problem but he has returned my phone calls. I'm still waiting for return calls from two council members from one year ago now. As for the City Secretary, Patti knows more about the city and its operations than anyone on the Council. Ladies and gentlemen, we should all be here working towards the betterment of our city. If you vote against the city servants this evening, we will probably be a long time recovering and wondering who will be next. What person with any intelligence would apply for the positions with the knowledge that their hands will be tied by the council. Remember also, the citizens that voted you on to the council can also have you removed. I would like to close with an appropriate quote from an article I saved from the paper -- The Colony Leader -- of June 8 which also echoes by sentiments. "Here comes 005370 Johnny! Yes, Johnny Smith is leading us toward economic development in The Colony. And new council members Rob Burchard, Lynda Tate and Kay Hardin with Mike Lynch, Toby Pollard, John Dillard and Mayor Bill Manning, we have a council uniting with city manager Johnny Smith working toward economic development .... Yes, here comes Johnny Smith. I believe he's the new catalyst to help get us all on the same track -- the track toward economic development." Drucilla Secor, I'm not quite as eloquent as the speakers who spoke before me who are my fellow senior citizens. I am on the Board of the Senior Citizens and I am not speaking for all of them but I am certainly speaking for me. And just like he said, we put you on and we can take you out. That's just what I tell everybody who comes in here, the merchants. We help put you in and if you treat us right, we will help support you. But if you don't, we'll damn sure help take you out and that's exactly what I mean. Joyce Cravens, 5212 Reed, This action if taken by the Council will absolutely ruin the city. We cannot go through the lengthy and costly process of hiring a City Manager, and in a few short months, change our minds and start over. What happened to the excellent decisions that were voted upon a few month ago to hire this city manager. The city of The Colony will look like a poor planning, indecisive, unprofessional place to the outside professional world. And if we think any experienced, genuine and qualified person will apply for the job again, we should think again. As a citizen I implore you to adjust your attitude and think about the welfare of the city and not some irrational personal motive. Larry Bryant, 4304 N. Colony Blvd., I'm here tonight to represent the Chamber of Commerce of the City of The Colony. I've been in the Chamber for three years now and am serving now as president of the Chamber. We have had a good relationship with the city during that three years and I feel it is real important that we do that. Bill Hall, Bob van Til and Patti Hicks have helped support the Chamber and the city relationship has been very good. This has been a year of change for the Chamber. We have had Bob van Til, the City Liaison person, leave the Chamber and the City. We've had Cathy Wood, our Executive Director, leave the Chamber. Our president elect for next year, Paul Tidwell from the bank has left our area. I'm in the process of making a job change that will probably take me away from the area. With all these changes we have had one positive change, the arrival of Johnny Smith this year, his immediate involvement with the Chamber, taking over the roll of City Liaison for the Chamber, joining our The Colony 2000 Committee for economic development, helping us to finalize the plans through the Council to form the Economic Development Corp. for the City. Johnny has come forward very fast and been very helpful with the Chamber. I would like to say again that the relationship between the city and the chamber all of us trying to do what we think is best and most helpful for the city is very important. I would like to applaud Johnny Smith for his efforts and quick involvement with the Chamber and his support in this way. 7 0(J537 Pennie Jack. 5541 Gates, I lived in The Colony for ten years, moved out to the lake for eight and moved back here about a year and a half ago and I think I made a mistake. Because what I'm seeing here tonight I thought this was over with, I thought this was behind us and I could move back to a city that had put this kind of politics behind them. It doesn't seem like it. I have worked with Ms Hicks as a co-employee, I have known her professionally and I would like to ask you as well as Mr. Sharp asked, as well as many others, what have these two people done to merit what they are being put through tonight? We do need to know and we have a right to know. I would remind you that we put you in office and we can take you out of office. I think you need to get in touch with the common man and ask them what they want not just your personal opinion of what you think is best for you and in justification of Ms Hicks, how can you justify getting rid of someone who has gotten the merits Ms Hicks has gotten, and done the work Ms Hicks has done for this City. I don't know Mr. Smith, but I watched him very carefully. You don't see me up here very often. No you don't because not every time you break a fingernail I don't run out of the woodwork. But this is an important issue. I have watched Mr. Smith's turn out, I have seen what he has stood for. He is pro-growth and believe me the citizens of The Colony that vote are pro-growth. Get with the program and let's grow. Dick Weaver. 4940 Hackney. with all the eloquent speeches that have gone on before me, I don't think it takes much from me. Larry Bryant spoke very eloquently about John's work with the 2000 committee. I have been on that 2000 Committee for three years now and we're trying like hell to get some economic development in The Colony but it seems we're frustrated so many times because of some of the people, both on the Council and people in the Colony that don't want economic development in The Colony. I guess I'm the only one that's known Patti better or longer than Ken Wood. He said he knew her from back when they were in the old building but I remember the butcher shop where we first had the council meetings and then we went to the Baptist church and then we went to the old municipal building. Patti has been outstanding in my opinion. The two years I served with her on the Council were very rewarding and I think Patti does an outstanding job. I think you overloaded her in the last few months by making her temporary city manager plus all the things the consultants said shouldn't be in the city managers, nine different positions and she took them all over apparently when she was city manager and I think she did an outstanding job and I think the people that are here tonight (My God, I didn't realize there were that many here) you can see this is one of the biggest crowds I've ever seen in a council meeting and they don't agree with what you are trying to do on the council. Mayor Manning stated there were four more people who had filled out forms to speak but had indicated item 6. He asked if they would prefer to speak now or later. The individuals indicated they would like to speak at this time. Bill Hall, 4941 Strickland, I have been a resident of The Colony for eleven years and have been very much involved in this City for some time. I have also written something down as many of you know I have a tendency to go on and on, so I have written it this time. In regard to the possible actions which may be taken or considered at this City Council 8 meeting regarding two employees, I would like to take a few moments of your time to address several aspects of each of these individuals. Not too long ago this council recognized City Secretary Patti Hicks for fifteen years of dedicated service. During this time Patti progressed from an entry level employee to one of the top level positions in this or any other municipality. To achieve this level of proficiency, she has dedicated her professional and personal time to not only furthering her education, but more importantly, to enhancing the image of this city. I would like to cite for you several of the many items to which I refer. Several years ago when a state mandate came about for records management and retention, this city was one of the first to come into compliance and subsequently, Patti held local, on site training seminars to instruct City Secretary's from other cities, many of them larger than our own, on the methods and procedures of this system. On two occasions she has been a finalist for the most prestigious North Central Texas Council of Government Linda Keahy award for outstanding service. A little over a year ago, several of the seated council members attended a special meeting of the Texas Municipal League conference where Patti was presented the Municipal Clerk of the Year award for the state by the Texas Municipal Clerks Association. Upon returning from that conference, she was again recognized locally for her achievements. She has also brought positive recognition to this city by serving as president of the North Texas Chapter of that organization. In January of this year, the city council placed their faith and confidence in her professionalism and ability to serve as interim city manager for approximately four months, not separately but in conjunction with her responsibilities as city secretary. These are but a few of the specific items. Consider also, the numerous award ceremonies, special events, ground breaking opening ceremonies, after election meet your official functions, parades, ad infinitum other events she has orchestrated for this city's enhancement. Consider also, how she is perceived by other cities, Denton County, and state officials, many of those you are very familiar with. In follow up I would like to address City Manager Johnny Smith. While I will be the first to admit I do not know Mr. Smith very well, I am very well versed in the responsibility of the position he holds in this city.and know all too well that five months is not ample time to judge an individual on your plans, programs or merits. Mr. Smith was selected for his position as I understand it, from a very large and varied group of professional city managers. He was presumably screened, interviewed and subsequently chosen for his proposals, ideas and, very bold print, long range plans for this city. With the exception of some major failing, I would like to ask would each of you as CEO of a major organization not expect and rely upon a reasonable transition period to implement those plans and proposals that were presented to place you in that position. In casting your vote to retention or any further action for these two employees, please take these areas into consideration for the good of this city. Thank you. Cla.vton Oliphint, 5617 Twitty, I want to do something a little different. I want to thank you for your service. Some of us are under the mistaken impression that you folks get paid for what you do and we know that that's not the case and you know that's not the case only too well. But you do give a tremendous amount of your time and your effort and your talents and abilities because you wanted to make a difference in this city. And I don't believe you would have run for city council unless you wanted to make a difference in the 9 00537 City of The Colony for the betterment of the city. And just a few months ago we went through the process of selecting a new city manager. In that process we spent a lot of our tax dollars to find the fight person. Scores of people were interviewed and applied for this position and in the final analysis, it came down to one person, who stood head and shoulders above the rest and that was Johnny Smith. I just want to urge you to retain Mr. Smith. I think he is a fantastic city manager for our city. I want you to really think about this because we have given you a trust by electing you. You wanted to be on council for the betterment of the city. We entrusted you with that responsibility with our votes and we are trusting you now that you are going to do the fight thing and that you are going to give Mr. Smith a chance to implement his programs and give him a fair chance. Five months is too short a time period to make this kind of decision that I understand is before us tonight. Patti Hicks, there is nothing to say other than she is the most valuable employee on the city's staff and has been for many, many, many years and I just want to thank you for your time, and for your efforts and for your service to the city and urge you to do the fight thing tonight and for the best interest of the city because that is what we entrusted you to do, is to put the city above all else, put the city and the citizens of the Colony and our best interest not individual best interest but the city's best interest first. Put that first and let's do the fight thing tonight. Joe Agnew, 5301 Nash Dr., I've been a resident of this city for almost nine years and I understand what it is to sit in those seats. I did it for two years. I had a long session here that covered some of the budget items that concerned me and I'm not going to go into that whole lengthy item, all those items. But I would like to comment that there have been some comments made tonight that I think need a little expansion. This council and every member on it has campaigned as pro-growth and pro-business. And just last week you voted and told us that Lewisville was a better place to spend our recreation dollars. Mr. Lynch sat here and told us that we should not go and challenge the Corps study that puts a moratorium for five years on new marinas but places no moratorium on growth of existing marinas, marinas that have encroached upon our ETJ by the way. He went and told a fine proposal that they were not welcome in our city and to go elsewhere. I don't believe that shows growth. I don't believe that an shows expansion of the tax base. Council also has removed the police car take home policy and I have studied that in great detail many times. I believe that what you're going to end up doing because you no longer have an immediate response from an officer at home with his car when he is called is buy more officers in the future and that's going to have an impact on other budgets and some of you speak highly of being fiscally responsible. Personally I think it is very fiscally irresponsible. Furthermore we had a presentation by the North Texas Water District. They came forward and offered us a $100,000 a year savings in operational costs in our Wastewater plant. The biggest complaint that I understand that I heard, and I watched the meetings, believe me I still channel surf, is that they didn't like the inter-channel clarifier technology. I have some questions about that and why is it that we are so locked in on these things that we cannot afford to save some money. Maybe we need to get some folks from outside this city and poke around and see what is going on. Is their any impropriety? Does someone have a hidden agenda? 005373 Now the story on the street is that there are those that want to replace the city manager and city secretary. The implication is that they have not done a good job managing the city. Look at the fact that in the fiscal 1993/94 budget had a $441,000 surplus as opposed to the story reported in the Leader last week. It is only through the result of outstanding management by City Secretary Patti Hicks and City Manager Johnny Smith working diligently with the entire city staff that made this a reality. The employees of this city, top to bottom, deserve a pat on the back in recognition of a job well done. The $441,000 surplus is also the result of a budget that Council members Lynch, Pollard and Dillard chose to not support last year. Some may claim credit for this windfall, but they had nothing to do with it. Johnny Smith was selected from over 100 applicants. He has proven to be a quality individual who brings new and exciting ideas to the Colony. Through his efforts and hard work, the City now knows how 1100 acres of land on the east side will develop. Johnny worked hard to identify where the city should be going and which employees could bring this about. There have been and may be some who will have to leave because they are unable to make the changes necessary to assure success. Mr. Smith was hired to manage our town. City Council was elected to set policy. Why you can't you allow him the courtesy of that separation? Council surely does not have the education or training to perform his duties. In 1993, Patti Hicks was recognized by her peers to be the best city secretary in the State of Texas. This is a high honor and should not be taken lightly. At the retirement of city manager Bill Hall, Ms Hicks took on the additional responsibility of acting city manager. Her performance was exemplary despite many issues in her personal life. I feel that Council member Pollard wishes ill for Patti. It seems that he has a longtime friendship with former police chief Ristagno and Patti's husband was among those officers who brought forward concerns about Mr. Ristagno's management style when Mr. Ristagno left office. I believe Mr. Pollard appears to be intent on getting even and not providing a fair assessment. This council has also shown itself to be self-serving and feels its motives should not be questioned. Comments made from the dais indicate they wish to make decisions and not be called to task by those citizens that wish to disagree. Council member Tate indicates that her integrity has been questioned when a developer was allowed into an executive session. Mrs. Tate, if you are that sensitive, don't perform those acts that appear to be less than above board. You infer by your statements that prior councils have been less than honorable but you provide no specifics. Throwing mud at others does not correct your actions. I want to promise this council that if they choose to go forward with the removal of Mr. Smith, Mrs. Hicks or any other city employee, I will do everything in my power to see that those supporting such actions are removed before the next election. From my conversations with many of my neighbors, I can assure you I am not alone. And this will not go away in two meetings. Cathy Wood, 4909 Avery Circle, I have been a resident of The Colony for 18 years. I am here tonight to speak to the issue of the executive session regarding the City Manager and City Secretary. In some ways The Colony is like a small town. Rumors abound and if half the rumors are true, I am truly appalled by this agenda item. I have known Patti Hicks for many years, both personally and professionally. I have worked closely with her when I served as executive vice president of The Colony Chamber of Commerce and also when I 11 0053 U served as chairman of Planning and Zoning. Patti has worked for this city for the past fifteen years and has served as city secretary since 1985. In November of 1993, she was recognized by the state Municipal Clerks Association as the Municipal Clerk of the Year for the State of Texas. So when I first heard the rumors of the possibility of her being fired, you can imagine the surprise I felt. I have only know Johnny Smith since April of this year, however, in these few months I have seen the winds of change already in the manner in which this city is run. The communication between the citizens of this community and the administration has drastically changed. The people I have spoken to feel there is now an open door policy and a ready ear from Mr. Smith. In my dealings with Mr. Smith while with the Chamber, I would say that he also helped improve the communication between the city and chamber. For the past five months, all I have heard about Mr. Smith have been very, very positive. Why the council would even consider his firing is beyond my comprehension. During my long tenure as a resident of this city, I have seen city councils come and go. I have seen councils split, each with their own personal agenda or their need to show how much power they feel they have. I ask this council this night to consider the following in their decision making regarding this agenda item. Are the problems so insurmountable they cannot be resolved? Are there any personality conflicts or different styles of management involved. Could the problems be resolved by having a third party or mediator involved to resolve them? Are you reacting to your own personal agenda? Would the firing of these two individuals cause a great disruption to the management of this city? Most importantly, would firing these two individuals be in the best interest of this city? And finally, the city manager and city secretary work for the mayor and city council and therefore, as it should be, are responsible and accountable to them. However, I ask the council to also consider the fact that the council members work for the citizens of this community and therefore, as it should be, are responsible and accountable to those who put them in office to do what is in the best interest of this community. Mayor Manning indicated that was all of the speakers who had signed up and asked if there any others in the audience who wished to speak. There were several and he asked that they approach the microphone in an orderly fashion. Bill Baustic~841 Carroll Dr., I would like to speak for Johnny and Patti Hicks. As most of you know I am president of the Senior Citizens Association of The Colony and we have a lot of discussions at our meetings and board meetings of both those people. I can't speak for all of the senior citizens but I can speak for almost everyone and all of them think Johnny and Patti do a wonderful job for the city. There have been a few people, when the citations were sent out to get your trees cut, a few complained and called in. They really weren't complaining about the manager, what they were upset about was that a lot of our senior citizens are handicapped and can't climb trees and do that work and what they were really looking for was someone to give them some help so they could get the work done on their trees without getting ticketed or fined. So, I urge you all, when you consider Johnny and Patti's review you rate them highly and instead of considering relieving them of their duties, I would urge you to give them a pay raise. I think they have been wonderful. 12 005385. I would like to speak on one other issue real quick and briefly and that's on the issue of taking police cars home. I know it's been a policy here for a long time and I think it's a wonderful policy. I've heard that they say it doesn't deter crime but I think it does but that's beside the point. It sure looks good sitting out on the streets and it looks good when they're just driving around the city. I wouldn't want them to abuse the use of the cars but I don't see any problem with them using them in the city and that type of thing. Now I understand money in the budget is tight and is one of the reasons you want to get rid of the policy and take the cars away in that you would save money by having fewer cars and running them 24 hours a day. Now I've read studies where other cities have done that and over the long run, it really doesn't save you any money. In 10 years you're going to wear those cars out in a lot bigger hurry and in 10 years time you're going to have to buy a lot more cars than you are now so its my belief that you should let them keep their cars. We kicked this around at the senior citizens meetings and not 100%, but most everybody but two or three, were in agreement with me that we should have the police keep their cars. Rob Bauman, 6061 Dooley, There's not a great deal I can add that hasn't already been mentioned tonight, but I would like to ask one question particularly of some of the newer council people. In the case of Mr. Johnny Smith, who I have had very limited dealings, but I have had some dealings, he's very, very new at his job and it occurs to me that you are very new at your job too. I am proposing tonight that if you feel we should merit Mr. Smith on his performance after such a limited period of time, perhaps we ought to judge your performance based on the small amount of time you have been here. I'm trying to draw a parallel and I'm very, very serious about that. I haven't come down here in a long,long time since I felt this is really a brand new council from what I was used to or what has been here in the past and I felt that you needed some time to do the right thing and get going in the right direction. I read the "Here Comes Johnny" thing in the paper and I thought this is really turning out well. In fact, Lynda, I had lunch with you at Council of Governments, we talked about how great everything is going. I don't understand what happened. I mean, Patti's the best. Hello, do you guys know about her? She is the best. What is wrong? Can somebody please tell me what is wrong? I don't understand this. I really have no desire to be involved in politics or sit where you sit. It's a tough place to sit but I would like to know why we have people that I have heard nothing but positive things (and look around, I guess everybody here that's against that marina ought to stand up and show the support that you feel for the council). I mean, this is terrible. Look at all of the people here. Everybody's here for one reason. I said my piece on the patrol cars last week and it doesn't make any difference, I think you all are here for whatever reason is driving you and you aren't listening to the rest of us out here. There is no alliance but I'm telling you, I'm prepared to work as hard as I possibly can to do whatever it takes to make sure Ms Hicks and Mr. Smith are here. So do whatever you want to do but remember the consequences. Robert Poynter, Sr., 5008 N. Colony, I am a homeowner, a taxpayer and a registered voter but I'm also a retired police officer with 26 years full time experience. You people are talking about getting rid of the take home policy for the police cars, I would like to ask 13 005382 you some very simple questions. First of all, do you have logs in your police cars to show you what they do? Give me an answer. You don't know? Fine. Now, at what point do you trade your police cars in? Can you give me an answer on that? What am I talking to here? You people seem to be making a decision on something you know not a single thing about. I've asked you two simple questions that everybody should know about police department automobiles and nobody knows the answer. And yet you want to make a decision. I don't think you know what you're talking about. Now I've been on a police department as I said for 26 years. The take home car policy is one of the best programs any police department can have. You're lucky you have it now instead of trying to get into it. If you try to get into it, why you think of the cost it is going to amount to. 'Cause your going to pay money out the kazoo to get those cars back. Secondly, let me ask you something? How many miles does a police car put on in a day? The average is a little over 100 miles a day. That amounts to about 25,000 miles per year if it's driven by one patrolman. If it is driven by three patrolmen, you've got 75,000 and you've got a car gone long before the year is up. Whereas, if you have a personal car for a personal patrolman, that car lasts you three years. It really pays off in the long run. So keep your cars as they are. Thank you. At this time, Mayor Manning reminded those wishing to speak that the item under discussion was the City Manager and City Secretary, not police cars and their remarks should be related to the topic at hand. Mike Stapell, 4428 Hale St., I wanted to get off on a little bit different slant than what most other people are talking about. I don't have a history with Mr. Smith but I have an infinite amount of respect for Ms Hicks. I have known her since 1982 since I came out here to work for this city. I do want to give you a little history lesson though. A little sister city south of here by the name of Addison had this same fiasco occur about three years ago. I had to study this while doing my masters in Public Administration. The outcome was, Ron Whitehead, who was the Town Administrator, was terminated. A lot of backbiting and scuffling going on amongst the council and Mr. Whitehead ended up with an out of court settlement of 18 months severance pay. Subsequent to that, the council members who were doing all of the backbiting, were basically terminated from their jobs in the next election and Ron whitehead was subsequently rehired by the city and he retained all of the money he collected initially. You folks have a fiduciary responsibility with my money and believe me, I feel as though the people that are behind me will find a way to get it out of your pockets if they have to pay. You need to think about that. You need to have a very good reason for terminating these two employees. And if you terminate them, I certainly hope you do have a good reason because if you don't it's going to cost me and these folks money. Thank you. D~l~ra Shannon. 5532 Slav Dr., I am a new resident of The Colony, just over two years and I was really becoming very impressed and encouraging friends to move into The Colony because of the advancements we seem to be making here lately. I hear the rumor you don't want Johnny Smith or Patti Hicks in their positions any more and I can't 14 005380 understand it. I am on a fixed income. I can't afford for ya'll to be wishy-washy and spend all of my money in hiring city personnel. You have made excellent choices. Stay with them. Thank you. Barbara Crocker. 5308 Marsh Dr., I just have one question. How did we get to this point? I am appalled that you are even considering taking Patti Hicks out of her office. When this city really needed someone to step in, they turned to Patti Hicks. They didn't turn to anybody sitting up here, they turned to Patti. There are certain people on this council who interviewed and unanimously approved Johnny Smith for the position of City Manager. I have to question your interview skills if you are changing your mind at this point in time. This man has only been with the City for 5 months. He's done a wonderful thing for this city, he has turned the morale around tremendously. I have heard repercussions all the way as far south as Houston from former citizens of this community who have heard the wonderful stories about how Johnny Smith has improved morale in our city departments. This is something that has been desperately needed and for you to even consider removing him at this point, I just can't understand how this could get to this critical of a nature in this short of a time period. I am asking you now to stop and take a look at what you're doing. You are setting a very bad precedent for this city when something this big can happen this fast without the knowledge of the general public. We here tonight heard about this because we are concerned about the city. What about the rest of the citizens? How are they going to react when they hear about this tomorrow in the newspaper? I think you need to take a very long and hard look at what you're doing and I think we need to keep Patti Hicks and Johnny Smith as employees of this city. Thank you. Mary Watts, 7008 Sample Dr., I have been a resident here for about four years and starting about three years ago I went to public meetings and people would stand up and say, rather angrily, why don't we have a bowling center in this city? Why don't we have something for the youth? After about the third public meeting that I heard that in, I asked myself that question and decided that I myself would try to find out. Since that time, I have pursued across the nation, anyone interested in building a bowling center. I have determined that no corporation is building bowling centers at this time and I have not been able to find individuals that are building bowling centers. But I have made contact with one gentleman who has a meeting with Johnny Smith Friday about developing a bowling center here in The Colony. That is what the entertainment survey was done for, as a feasibility study to encourage this gentleman to come in. Not 50% of your residents want a bowling center, not 60%, not 70%, not 80% of your residents, not 85% but 90% of the people in this city want a bowling center. I have a gentleman that I will bring before Johnny Smith, and Johnny Smith only to discuss this issue. Our demographics are not sufficient to support a bowling center. We have less than 1500 people per lane and that is the minimum he will require. Addison has 6,500 per lane. He's currently building a center in Addison. He is only coming to The Colony at this point as a favor to me and I will not bring him before the council that just voted the marina out. I will bring him before Johnny Smith because I think he is an intelligent, sensitive gentleman. Sensitive to the business community recognizing that he will (this developer) have to make a profit. He will have to see that 15 00538, there will be a return on his money and if you talk to a real estate agent, they will tell you the first thing you do is look for a location, location, location. It is up to the developer to determine where that location is. It is not up to the city council to tell them where it should be. I would challenge you, if Mr. Smith disappears tonight, I will walk away and I challenge you to find this gentleman and see what you can do to bring him to The Colony. I think these residents, based on the entertainment survey, you're talking 90% of the voters folks. I think these residents would really like to see a bowling center come into The Colony. John Steinbeck said, and I understand you council members are basically the ones who hired Johnny, John Steinbeck said "man is the only kind of varmint that sets his own trap, baits it and then steps in it." You fire Johnny Smith tonight and you've stepped in it. Bill Lon~o. 5012 Middleton Circle, I bought my first house in 1974. I've been involved in The Colony a long, long time. I'm not going to stand here and stick up for Patti Hicks or Johnny Smith because all these people have done it before me. I'm just curious about something, because you people when you ran for election, you spoke that you were business people. I don't understand how you're running this city. A couple of days ago I walk down the street and I hear "Hey, the City Council is going to fire the City Manager and the City Secretary." I say what the heck is going on? Is this the way you business people operate? I'm sorry, if I'm paying top dollar to somebody to be a supervisor or mn my business, and I have a problem with them, I'm going to call them into my office and I'm going to talk to them and I'm going to tell him why I'm upset about his actions. And then I'm going to let him go out and do his job and if he upsets me a second time, I'm going to call him into the office again. I say you pulled my chain once, you've pulled my chain twice, you've been warned, now look for another job. Now I feel sorry for you people because I don't know how you're going to salvage this mess. If you fire the City Manager and the City Secretary, the city is going to be torn apart. If you keep them, how do you win their trust back. Patti Hicks is the only City Secretary or rather the only person who took the position of City Secretary in this city and became certified, the only one that took the time to get as much knowledge as possible and I don't understand why you didn't call her into the office along with the City Manager and find out what is going on. You have lost the trust of the Police Department. I say that because I wore a gun and carried a badge in Suffolk County New York, and what you've done to this Police Department, you've destroyed it through stupidity. Because if I were carrying a gun or wearing a badge in the City of The Colony, you would get eight hours from me, and maybe I might be sleeping somewhere because if you don't trust me, I don't trust you. You've hurt the Fire Department because I heard two of your fire people are leaving because they gave up with the City the way city operates. rm not holding the City Manager responsible because he's only been here five months. It takes a while for him to learn all of the evils, all the personalities, all the clicks, that has transpired in this city since 1974. Now I go back to 1974. I've been mayor, I've been a city councilman. I know the games that can be played there. Believe me, I feel sorry for you because you have destroyed the City. If I was a business person wanting to locate here in The Colony, not me, I'd go to Lewisville, I'd go to Frisco. Because you're not giving me the right police protection, the right fire protection or the right management. That man was hired to run the city. Give him a chance. If you have a problem with him, bring him in the 16 005380 office, talk to him. Say Johnny, come on you can do better. That man, he tore up his family to come here. Is that how you treat him? Roosevelt Johnson., I'm not accustomed to speaking before this illustrious body. I know some of the new people don't know me, (I guess that's a precursor of what's going to happen later), I really think the council as a representative body shouldn't listed to these people. I think you ought to go on your merry way and do exactly what you want to do. I really think you have missed the point of representative democracy here. You're not elected to do what you want to do Lynda Tate, John Dillard when I supported you, Rob, Dr. whatever, Toby. Your daddy and I go way back a long way and we had the same ding-dong fight over police cars going home and everything else back in 1976 or 1978, 1978. Somewhere, we don't learn the lesson. The people voted, said let them take the ding-dong cars. I kind of get confused because that dead horse been beat to death. The bottom line, you have got to understand police protection somewhat, because if I'm in trouble, I'm not going to call one of ya'll to come help me, I'm going to call one of them. And I expect them to be there in two minutes or less. Whether they're at home with their children or whatever. The reason you had the police cars go home was a thing called visibility. You know, we have had a couple of robberies out here but when they see a police car parked somewhere, they don't know if the man is on duty. The bottom line is, if that guy is in the car, he's on duty, 24 hours a day. Twenty four hours a day and we don't pay them, I don't believe, you can correct me, 24 hours a day. I know we don't do that. The bottom line with the people, we've been through one of these fights before where the council jumped up and fired somebody because they had a whim. We've got to get beyond that, you've got to get beyond that. Take it to heart. Grab your (what's a good word for jockey strap that I could use) grab your jockey strap and make a decision. Say hey, the people have spoken. I'm not going to preach to you, I could. But the people have spoken. Swallow your pride. I~i.qten to them and let's make an informed decision because I think what has happened is we're beginning to grow, we have industry coming up here, and some of you are getting sort of nervous. But if you get that nervous, we've got informed people here that can help you. Don't be afraid to call us, we'll give you some good advice because you aren't getting none. Lavelle Garner, I no longer reside in the city but I've been around the city for 14 years and have managed a business in the city for 11 years and frankly five months is not nearly long enough from a management standpoint to get to know your job and all the ins and outs of managing a city. Frankly, I'm embarrassed to even have to speak on behalf of Patti Hicks. That lady has been out there, I've seen her out there, in the dark getting parades together on her own time, for years and years and years. I wonder where some of our councilmen were when she was doing all of that outside work. I'm totally in favor of renewing their contracts. Tom Bogan, 4232 Ireland, I'd like to make it clear, I served on the committee to hire Johnny Smith and I worked with Patti Hicks during that time. I had the opportunity to look at all of the applications, well over a hundred, I believe it was close to 125. The process for hiring Johnny was certainly a fair one, and a very thorough one. It was a unanimous 17 005386 decision on the council. While there were two council members that did not choose Johnny as their final choice, while he was in the top five, it was a unanimous decision of this council to hire him. Five months is not enough time. I know that all of you council members did not walk into this room tonight with the intention of not renewing their contracts. And I would ask that anyone who did walk into this room tonight with the intention of not renewing their contracts resign from this council. Joyce Fulco. 4712 Clover Valley, okay, I've sat back there and listened and as far as Patti, I've known Patti for a long time, I like Patti so I have nothing personal against her. Johnny Smith, for what I have seen has been doing an excellent job. But I am not in their position. I do not know what is going behind closed doors. I do not know what businesses, I do know with talking with some of the council people, they get things second hand. Some things are discussed with the mayor and City Manager and they're the last people to know about it and this has been going on for years. If we can ever get a Mayor, a City Manager and City Council to work together instead of butting heads. I've lived here for 19 years and this has been going on for 19 years. It's just like the Hatfield's and the McCoy's. If we could ever get together as a community The Colony would be the best town in the North Texas area. But we cannot sit down, it's name calling, it's whatever. I come to all of the city council meetings just about and I must have missed something because I did not know that Patti Hicks and Johnny Smith was up, that there was talk that they were going to be fired. I'm sorry. I don't know, they have not gone into executive session yet. So what's the deal. Do ya'll know something I don't know? Evidently if ya'll do know something that I don't know, then there's a leak somewhere. There's definitely a bunch of wagging tongues in the City of The Colony. Mayor Manning asked if there were any others who wished to speak. There were none. 8:35 p.m. Recess 5. EXECUTIVE SESSION AS AUTHORIZED BY SECTION 551.074 OF THE LOCAL GOVERNMENT CODE REGARDING PERSONNEL, TO-WIT: A. CITY MANAGER AND CITY SECRETARY/DIRECTOR OF ADMINISTRATIVE SERVICES 8:58 p.m. Reconvene Mayor Manning announced that Mr. Smith had requested this item be addressed in open session, and that it is his right to do so. Mayor Manning read a memo he had received from the City Attorney regarding this particular item. "I have reviewed the agenda items regarding the executive session on personnel for 9-26 and such matters can be closed to the public as long as the affected employee or 18 00 588' , employees do not request that the session be open. As soon as such a request is received, even if the council has already retired to executive session, the matter must be completed in open session." Therefore our deliberations regarding the City Manager will now be in open session until their conclusion. Mr. Lynch, you were speaking. Councilman Lynch repeated a question which he had asked in closed session in which he asked Mr. Smith to explain the PSG letter. He said he has a problem with Mr. Smith's explanation. Mr. Smith said the PSG letter was received by staff via FAX on Monday and that seven copies were received addressed to current and past councilmembers. Mr. Smith said the City Secretary showed it to him and they decided to copy the one which was addressed to the Mayor for everyone instead of marking through the past councilmember names and putting in the new members names. Mr. Smith said later that 7 hard copies of the same letter were received by Overnight Mail, noting that 6 were in envelopes and one was in a box, and that they were addressed to the same persons as the FAXes. He said the letters were identical to those that had already been copied for council so they were not distributed. Mr. Smith said there had been a comment in the letter regarding him not returning a phone call. He said he checked his Noteworks Log and found that Mr. Jerry Coffey from PSG had called him on June 24, 1994 at 9:36 a.m., that he did not leave a phone number and left word that he (Coffey) would call back. Mr. Smith said there was no more explanation and that was all he knew about the PSG letter. Councilman Lynch said you didn't call him when you received the FAX. Mr. Smith advised that he had not received the FAX, they were all addressed to the council and when he called Mr. Coffey he told him that he didn't receive a FAX. Councilman Lynch clarified that the letter had been received by FAX on Monday, September 19, 1994 and a hard copy had been received Tuesday morning, then it was given to the Assistant City Secretary and copied for all Council. Councilman Lynch continued, stating that by Friday of that week no member of Council had a copy of the letter. He said normally the old names are scratched out and the new names put in their place. Councilman Lynch said staff did not follow normal procedure regarding this letter and asked where it states that staff has the right to withhold mail. He said he is not attacking personalities but performance is his primary concern. Councilman Lynch asked Mr. Smith if he remembered a comment which he (Lynch) had made a few months ago as they were leaving Rep. Ben Campbell's office, in which the councilman had told Mr. Smith that he (Smith) was not his first choice. Councilman Lynch continued, stating that he told Mr. Smith that he handled this situation (Lake Lewisville State Park) well and that he hoped that kind of behavior would continue. Councilman Lynch asked Mr. Smith if he felt that he (Lynch) had been out to vent his animosities toward him. Mr. Smith said he thinks Councilman Lynch has resented when he (Smith) has disagreed with him. Mr. Smith referring to the PSG letter, said that when he was asked if staff had contacted the private sector (about wastewater operations) he did not try to hide the fact that this letter had been received. In fact, he did say that the letter was received and was in their box, not their packet. He told council at that time that he took affront because the man said he had called and the call had not been returned. Mr. Smith said he would follow up and that he believed at that time that the copies were in the council mail 19 005380 boxes. Mr. Smith said he always copies all the council all information and apologized if he made a bad judgement in this case. Mr. Smith said he did not know how much more to say. Councilman Lynch agreed that one of Mr. Smith's strong points is that everyone gets a copy of everything, however, he recalled a statement being made that the Mayor had a copy of this letter. Councilman Lynch said he was not aware of the policy not to deliver mail to the addressee and asked why copies were made when there were 7 copies already available. Mr. Smith agreed that it was bad judgement. Councilman Lynch said people may laugh it off but we were entering a discussion for a half million dollars for a private firm to operate the wastewater treatment plant. This might bear a little more relevance than an invitation to a balloon launch in Plano. We had discussed earlier the private sector being contacted and you stated that since North Texas was a non-profit organization, they were likely to be cheaper. We also discussed going out for proposals as the time grew closer and you agreed wholeheartedly. Mr. Smith agreed and added that at the same meeting he had asked Mr. Glenn Briesch, the engineer, if he agreed that North Texas could probably handle it cheaper than the private sector and Mr. Briesch agreed. Councilman Lynch concurred and added that was when Council voted to pursue an agreement with North Texas with the recommended changes. Mayor Manning clarified Councilman Lynch's concern regarding mail coming into the city that may be withheld. Councilman Lynch said he was concerned that the letter had been received by FAX and by Federal Express with individual addressees regarding something we were going to vote on the next night. Councilman Pollard asked Mr. Smith if he was aware of the FAXes on Monday and Mr. Smith said he was aware of them and of how they were going to be copied. Councilman Pollard said he just got his copy tonight and that we (council) did not get a chance to review the letter before action was taken on Wednesday night. Mr. Smith requested that the letter be read. Mayor Manning read the letter in it's entirety as follows: "We understand that The Colony is interested in private contract operations and maintenance of your wastewater treatment plant and system. Professional Services Group, Inc. (PSG) is headquartered in Texas and is the nation's largest and most recognized contract operator of municipal utilities (water, wastewater, composting and sludge disposal). Several weeks ago I placed a call to Johnny P. smith, your City Manager, but have yet to receive a return call. We are interested in your project and know that we can provide quality and resourceful services. We are also capable of assisting with the financing of certain expansions and upgrades and we work well with our clients' chosen engineers. We operate Burkburnett, Texas and Alamogordo, New Mexico; these are representative of the smaller projects. We also operate all of Oklahoma City, Yukon, Moore, and Mustang, Oklahoma. PSG also operates New Orleans wastewater and the City of Houston's wastewater sludge. I would be pleased to provide you with copies of Request for Proposals used by other quality cities and to be available for presenting the concept, benefits, and alternative approaches to contract operations, maintenance and management. Our commitment is to 20 005380 saving our clients money, guaranteeing compliance and maintaining quality services. You may reach me at our Houston headquarters at (713) 449-1500, on my mobile phone at (713) 906-0933, or on my pager at 1 (800) 329-3171. Sincerely, Jerry C. Coffey, P.E. Regional Vice President of Client Development" Mr. Smith then stated that most TML and trade magazines have advertisements for private sector firms of this nature and that he has never said that staff would not seek input from a private firm. Councilman Burchard said he had no questions. Councilman Dillard asked if we are questioning the City Manager or evaluating him. "I have been very happy with the job done by Mr. Smith. There have been several things happen very quickly and you have handled them very well and done a good job. You have answered everything I have asked of you in a timely manner and if I have had a complaint from a citizen and needed you to get involved, it was taken care of.A" Councilman Dillard said he is happy with Mr. Smith and that he is doing a very commendable job. Councilman Dillard said 5 months on the job and one error regarding one piece of mail is not that great a problem. Councilman Dillard asked why anyone is taking issue with this particular situation. He said we (council) get plenty of mail, noting that he has about 2 feet of mail stacked up at his home right now to go through. Councilman Dillard told Mr. Smith that he will vote to continue his employment. Councilman Tate said she met with Mr. Smith today at his request and that they covered lots of topics, stating she was sure they didn't miss anything. Councilman Tate said it was a very productive exchange and that she appreciated it very much. She said she understands Mr. Smith's management philosophy and that when they talked about the future, she felt better that they have some of the same goals. Councilman Tate said she had made it clear to callers over the week-end who thought we (council) had already made up our minds and that she thought it was to be a personal and private review unless you (staff) chose otherwise. She said she has a wider zone of comfort regarding the future. Mayor Manning asked Councilman Hardin if she had any additional comments beyond those made in Executive Session. She declined. Mayor Manning said he had voted for Mr. Smith the first time around and that Mr. Smith had blown his socks off in the interview. The Mayor said Mr. Smith is doing a marvelous job as City Manager. He said the council gets too much paper and that the appreciates the informality with which they are able to work. Mayor Manning said Mr. Smith has never failed him and that Mr. Smith is doing an excellent job. Mayor Manning said he is strongly in favor of renewing the contract. Councilman Lynch asked if the council would be discussing the terms of the contract in open or closed session and Mayor Manning said we will be discussing it in open session. Councilman Lynch said basically he has a problem with the provision for 6 month severance 21 00585u pay. Mr. Smith clarified this is not a contract, but an employment agreement. He went on to say that he has been in the business for 22 years and that in the past he had served with a handshake. Mr. Smith said as the position of City Manager became more political, they had to protect their family and that 6 months severance pay is a protection to a professional. Mr. Smith went on to say this was negotiated at the time he came to work for The Colony and that he had no idea that the terms would be changed. He said the Council can remove me at any time with a majority vote. Mr. Smith said 6 months is a short time and is protection if he is removed by whim or political reasons. He said his previous agreement had stated that the severance pay would be discontinued if he became employed before the time was up. Councilman Lynch requested that the word contract be changed to agreement. Councilman Lynch continued that there is no wording about termination based on performance or lack thereof. He feels the contract should reflect this. Mr. Smith said he would be agreeable to renegotiating this portion if the entire agreement can be reviewed. He is unwilling to weaken his position and must protect himself and his family. Councilman Lynch said that he questioned this a year ago with the contract for Bill Hall and the City Attorney said contracts are illegal by Charter, however the agreement protects the employee. Councilman Lynch said the City Attorney also said severance pay is uncollectible and if that is true, then "Why is it in the agreement.9" He noted that amount of money is not covered in the budget. Mayor Manning said if the City Attorney said this is uncollectible, then it does no harm to have it in the agreement. Mr. Smith disagreed with the attorney's opinion, noting it seems to be the only one. Mr. Smith said he accepted this agreement hoping it could be amended this year because he thinks it should be in a lot more detail. Mr. Smith said he is getting the short end of this agreement and went on to say he did not just dream this up. He suggested we talk to other cities for sample formats. Councilman Lynch said he had no problem with that. Councilman Burchard asked if Mr. Smith would like to have the provision regarding ceasing of payment of severance pay if he gets other employment within 6 months. Mr. Smith said he does believe in that provision. Mr. Smith went on to say he would like action on this before October 1, 1994 with the understanding that the document will be brought back for review. He also requested a professional instrument be used for written evaluations in the future. Mr. Smith said ICMA provides a sample of such an instrument and noted that fight now there is no record of evaluations since they are done verbally. With no further discussion regarding the City Manager, Mayor Manning asked Ms. Hicks if she would prefer her evaluation to be in closed session or open. She chose to be evaluated in open session also. Mayor Manning recognized Councilman Lynch. Mr. Lynch stated this is the standard agreement used in the past and the only difference from last year is the salary. His only question concerns Ms. Hicks future career path with the City, whether she wishes to continue as City Secretary or pursue a position as Assistant City Manager. Ms. Hicks said she assumed additional supervisory responsibilities to help relieve the span of control for 22 00539_[ the City Manager. During the evaluation of August 15, 1994, the position of Assistant City Manager was mentioned and it was determined that it was not appropriate for the City Secretary to hold that position as the Charter states the Assistant must work for the City Manager. I told you during that evaluation that if the increased supervisory responsibilities evolved into an Assistant City Manager position, I might consider it. But at this time, I am enjoy being City Secretary. I do want to continue to grow professionally. Mr. Lynch stated that he found no fault with her performance as City Secretary and Director of Administrative Services. Mr. Lynch asked for Ms. Hicks explanation of the PSG letter. Ms Hicks stated that seven faxes were received addressed to Mayor Manning, Councilman Lynch, Councilman Pollard, Councilman Dillard and former Council members Agnew, Bogan and Marks. Mr. Smith took full responsibility but it was a joint decision. It is correct that we have marked through the names of former council members a lot in the past but I just copied the one addressed to the Mayor. This also happens often where we receive something addressed only to the Mayor. When the copies were received by Overnight Mail, not Federal Express, I confirmed they were duplicates of what had already been provided so they were trashed. There was no intent to keep anything from you. Mr. Lynch said he never received a copy and though it may not have been intentional, the timing was poor. Councilman Pollard said Mr. Lynch had covered his questions. Councilman Hardin said she would have to take the word of the others that Patti was doing a wonderful job because they had not worked together very much. Ms. Hardin said perhaps they will in the future. Ms Hicks said perhaps they should. Ms Hardin said that attitude was not appreciated and that this was not a personality conflict. She did not have any background with Ms Hicks. Ms Hicks apologized if her attitude was a problem. She said she will respond like any other normal human being. If she is threatened or pushed into a corner she will react. She always tries to remain professional and support the elected officials. On the PSG letter, Ms Hardin agreed that she is inundated with copies and is concerned that this letter was not received. Ms Hicks stated this had already been answered and had no further explanation. Councilman Burchard stated that as a previous Councilman, he has always found Ms Hicks to be an able employee. He did have a problem with the compensation listed in the Agreement. He has received a job description for City Secretary but would like additional time to review before agreeing to the amount of compensation. Councilman Dillard said he believed Ms Hicks does a great job. He read an excerpt from a letter from Commissioner Sandy Jacobs referencing Ms Hicks assignment of additional duties as Director of Administrative Services and concurred that Ms Hicks is an asset to our City. He expressed his appreciation for her hard work and dedication. Councilman Tate stated she did not have an opportunity to speak one on one with Ms Hicks but many of her concerns were discussed with Johnny Smith. She stated she directs most inquiries through Mr. Smith and believes communication will continue to improve. She is fully aware of Ms Hicks credentials but she is concerned about the City Secretary as Director of Administrative Services. She has discussed this with Ms Hicks and 23 00539z feels more comfortable with the position. Mayor Manning said he hoped Ms Hicks was aware of how highly he valued her. He congratulated her professionalism and work ethic and expressed his appreciation for her representation of our City to other communities. He stated his belief that she was worth everything she was paid and probably more. Mayor Manning asked if there were any additional comments. There were none. 6. CONSIDERATION OF ANY APPROPRIATE ACTION TO BE TAKEN AS A RESULT OF THE EXECUTIVE SESSION Motion to renew the employment agreements for the City Manager and the City Secretary and that the documents be brought forward for action at the next meeting with the understanding that the City Manager contract will be renegotiated as quickly as possible; that also at such time as the city council has had time to review the City Secretary packet, that issue still remains up in the air, regarding salary - Burchard; second - Dillard. Councilman Lynch said, "I believe you stated the contracts will be renewed and when it comes back it will be up for further discussion and voting. Is that the correct intention of your motion?" Councilman Burchard asked that the question be restated. Councilman Lynch said "I believe the way the motion is worded the agreements will be brought forward at a future session to be discussed and formally voted on." Councilman Burchard said, "My intent is that the contracts as written, be agreed and then during the next 2 months, 3 months, 6 months after the contract is in place, the terms of the contracts be re-visited. We have to vote these contracts in prior to October 1. So we adopt these contracts as written with the understanding that we bring the contract text back for future discussion. That's my intent and that's my motion." Mayor Manning stated, "That is the motion and it has been seconded, any further discussion?" Councilman Lynch said he appreciates all the public coming and making their comments. He said there is no personal animosity between him and the City Manager. Councilman Lynch said Mr. Hall can testify that he (Lynch) was on the council that night and afterwards I talked with him, and I bound to abide by the vote of Council. I went up to him and said "Tell me what we have to do to continue to work together because I have to support the office of City Manager regardless of who is sitting in that chair. That's the oath that I took." We (council) all are bound by the vote of the Council. Coundlman Lynch said he thought he and Bill Hall had a workable relationship until Mr. Hall resigned. Councilman Lynch said tonight he has the same dilemma, is this a major issue or a minor one, and stated that he has to vote his conscience and he has to abide with the vote of the Council. He said he has no problem with the City Manager, but this incident is not a minor thing in his opinion. Councilman Lynch said this is not a popularity contest and that a councilmember has to vote what he feels. He said people have the right and that he hopes more will come out and exercise that right. Councilman Lynch said if they care about the city they won't request the expense of a recall election. He said it is a short time until May and if they (public) feel that strong, then go ahead and bring the petition to my house, and he will sign it. 24 00889o Councilman Pollard said he realized the emotions were heart felt but that he is not sure he is receiving all the information he is supposed to be, and went on to say that maybe he needs to get a post office box where he can receive his mail. Councilman Pollard said he cannot afford to have filtered information. Councilman Tate said she has met with several of you (public) and that she has encouraged them to come and share their opinions. Councilman Tate said this position (councilmember) is not easy and sometimes decisions are not popular with the majority. She said she has a great passion for doing what is right for the City and that she tries to be open with everyone. Councilman Tate said she would not discuss what she felt was a personal and confidential review. Councilman Tate said she was not aware and that she can guarantee that her particular vote was not decided until after she met with Johnny Smith today. Mayor Manning said in a meeting prior to the one in question, Glenn Briesch had said the private sector could not do as well as a public entity and since our engineer had made that statement it would be understandable if staff did feel the information was not important. Mayor Manning said it looks to him as though some council members are grasping at straws. Motion carried with the following roll call vote: Lynch - No; Pollard - No; Hardin - No; Burchard - Aye; Dillard - Aye; Tate - Aye; Manning - Aye. With no further business to address, Mayor Manning adjourned the meeting at 10:10 p.m. APPROVED: · . . g, Y ATYEST: Patti A. Hicks, TRMC City Secretary 25