HomeMy WebLinkAbout03/30/2003 City Council 007802.
MINUTES OF SPECIAL SESSION OF COUNCIL
HELD ON
MARCH 31, 2003
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 31st day of March 2003, at the Police Department/Municipal Court Building, 5151 N. Colony Blvd., with
the following roll call:
Bernetta Henville-Shannon Mayor Present
John Gordon Councilmember Present
Lewis Jue Councilmember Present
Joe McCourry Councilmember Present
Lynda Bayliss Councilmember Present
Perry Schrag Councilrnember Present
Joel Marks Councilmember Present
and with seven present, a quorum was established and the following item was addressed:
1. Discussion and consideration of action regarding the current contract for legal services
with the firm of Hayes, Coffey and Berry (Jue, Gordon, Schrag)
Councilmember McCourry opened discussion by asking if this meeting was intended to fulfill
the motion made at the last meeting (March 3, 2003) regarding the city attorney. Councilmember
Gordon responded that was his intent. Councilmember McCourry said he did not believe this posting
for this meeting complies with that motion as it was passed.
Mr. Gary Day, city attorney said the item is posted the same as the one that was tabled on
March 3. He noted that the council can change the date of the meeting as proposed and can discuss
the matter as it is posted. Councilmember McCourry said the motion passed said it was being
postponed to consider all options and this item states that only the contract with Hayes, Coffey and
Berry would be discussed. Mr. Day said that in his opinion, the council could discuss anything that
involves the contract, including other firms, as this item is posted.
Motion to postpone addressing the matter until a work session is held on June 2, 2003 to look at
all options - Marks; second - Gordon.
Councilmember Marks said this would give plenty of time for the new Councilmembers to be
seated.
Mayor Henville-Shannon advised that some citizens had requested to speak and asked the
council if citizen input would be allowed.
Councilmember Schrag asked if Councilmember Marks would amend his motion to include
giving direction to staffto begin gathering information on other finns so it would be available to be
discussed at the June 2 meeting. He said he did not want to authorize seeking RFQ's.
Councilmember Marks said it would be better to wait for the new council to make that decision. Mr.
Cheatham said the only proper way to receive information would be through the RFQ process.
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Councilmember Gordon also agreed it would be better to wait until the new council is seated to __
begin that process.
Councilmember McCourry said if council is waiting until the new Councilmembers are
seated then action might as well be taken to give Hayes, Coffey and Berry 60 days' notice of
termination.
Mayor Henville-Shannon commented that just because an election is happening does not
mean the council stops doing the city's business. Councilmember Gordon stated he did not have a
problem doing the city's business, but when it is turned into a political forum, then he does have a
problem. At this time, Councilmember Gordon called the question.
Mayor Henville-Shannon asked if that meant he did not want to hear citizen input.
Councilmember Gordon advised that he was sure the citizens would be given an opportunity to speak
at the work session.
Councilmember McCourry asked Mr. Day to confirm that council could deny the citizens a
right to speak. Mr. Day said the Open Meetings Act is very clear in stating that the city council must
allow citizens in to the meetings, but that does not give the citizens an automatic right to speak. He
said citizen input is not posted on this agenda, and it would take a majority vote of the council to
allow it.
Mayor Henville-Shannon asked council to vote on the motion made by Councilmember
Marks by a show of hands. The vote was taken as follows:
Aye- Gordon, Jue, Bayliss, $chrag, Marks
No - McCourry, Henville-Shannon --
With no further business to address, the meeting was adjourned at 7:15 p.m.
APPROVED:
..... gemetta Henville-Shannon, Mayor
ATTEST: //
Patti A. Hicks, TRMC, City Secretary