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05-18-2010 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Special Called Meeting Agenda May 18, 2010 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North Eric Hogue Mayor M.G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wv/ietexas.goy within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.u'vlietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2010-19(R) declaring the results of the Official Canvass of the General Election of May 8,2010. ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Art Maldonado May 18,2010 Wylie City Council Special Called Meeting Agenda Page 2 of 2 ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Art Maldonado APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2010 and ending May 2011. REGULAR AGENDA Tabled Item from 5-11-2010 Motion to remove from the table and consider and act upon: 1. Consider, and act upon, the appointment of a 2010 Board and Commissions City Council Interview Panel to conduct the June 2010 board applicant interviews. (C. Ehrlich, City Secretary Executive Summary Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 31s` of each calendar year. Additionally, in June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. ADJOURNMENT A RECEPTION WILL BE HELD IMMEDIATELY FOLLOWING THE SPECIAL CALLED MEETING/CANVASS TO HONOR THE NEWLY ELECTED WYLIE CITY COUNCIL MEMBERS. A QUORUM OF THE CITY COUNCIL MAY OR MAY NOT BE PRESENT, NO ACTION WILL BE TAKEN DURING THIS RECEPTION. CERTIFICATION I certify that this Notice of Meeting was posted on this 14th day of May, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: wu w.wvlietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 18, 2010 Item Number: Canvass Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: May 14, 2010 Budgeted Amount: Exhibits: 2 Subject Consider and act upon Resolution No. 2010-19(R) approving the unofficial results of the May 8, 2010 City of Wylie General Election. Recommendation A motion to approve Resolution No. 2009-19(R) declaring the results of the Official Canvass for the General Election of May 8, 2010 and electing Place 1 — David Goss and Place 3 — Kathy Spillyards to the Wylie City Council for three year terms. Discussion The unofficial results of the City of Wylie General Election have been presented for review by the Wylie City Council and certified by the Collin County Elections Administrator, Sharon Rowe. Approved By Initial Date Department Director CE 5-14-2010 City Manager Page 1 of 1 RESOLUTION NO. 2010-19(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE RESULTS OF THE CANVASS FOR THE ELECTION RETURNS OF THE GENERAL ELECTION OF MAY 8,2010 FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE WYLIE CITY COUNCIL, PLACES 1, AND 3 FOR A TERM OF THREE YEARS. WHEREAS,the City Council of the City of Wylie,Texas(City)held a General Election on May 8,2010 for the purpose of electing two members of the Wylie City Council for a term of three years; and WHEREAS, a Canvass of the General Election including the returns was conducted on May 18, 2010; and WHEREAS, it was found that the persons herein named received the following votes for said term of office on the Wylie City Council of the City of Wylie, Texas: Council Place 1, Gilbert Tamez Sr. received 263 or 42.97% of the votes cast David Goss received 349 or 57.03% of the votes cast Council Place 3, Kathy Spillyards received 473 or 100% of the votes cast NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. David Goss is hereby declared to be elected as Council Member Place 1. SECTION 3. Kathy Spillyards is hereby declared to be elected as Council Member Place 3. SECTION 4. The Wylie City Council hereby finds and determines, as a result of the Canvass, held on May 18, 2010, that a combined Election Day and Early Vote total of 612 votes were cast in the General Election, with 346 early votes cast, as indicated by the poll list for the General Election held on May 8, 2010. SECTION 5. It is hereby declared that the City of Wylie approves and accepts the results of the General Election for Council Places 1 and 3 as set forth in the Order attached hereto as Exhibit Resolution No.2010-19(R) Canvass of the General Election for May 8,2010 A, as determined by the majority vote of the qualified voters of the City of Wylie. SECTION 6. This Resolution will become effective immediately upon its passage by the Wylie City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 18th day of May, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2010-19(R) Canvass of the General Election for May 8,2010 Exhibit "A" RESOLUTION NO. 2010-08(R) RESOL UCION NO. 2010-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,TEXAS, ORDERING THE GENERAL ELECTION TO BE HELD JOINTLY WITH THE WYLIE INDEPENDENT SCHOOL DISTRICT AND COLLIN COUNTY COMMUNITY COLLEGE DISTRICT AND ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR ON MAY 8,2010,FOR THE PURPOSE OF ELECTING THE POSITION OF TWO (2) MEMBERS, (PLACE 1 AND 3), TO THE WYLIE CITY COUNCIL TO HOLD OFFICE FOR A PERIOD OF THREE YEARS; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. UNA RESOL UCIONDEL CONCILIO DE LA CIUDAD DE WYLIE,CONDADO DE COLLIN, TEXAS, ORDENANDO LA ELECCION GENERAL QUE SE LLEVARA ACABO COLECTIVAMENTE CON EL DISTRITO ESCOLAR INDEPENDIENTEDE WYLIE YEL DISTRITO COLEGIAL DEL CONDADO DE COLLIN ADMINISTRADA POR EL ADMINISTRADOR DEELECCIONES DEL CONDADO DE COLLIN EL DIA 8 DE MAYO, 2010, CON EL PROPOSITO DE ELEJIR LA POSICIONDEDOS(2)MIEMBROS, (LUGAR 1 Y3),PARA EL CONCILIO DE LA CIUDAD DE WYLIE PARA MANTENER EL PUESTO POR UN PERIODO DE TRES AI OS;DESIGNAR LOCALES PARA LOS CENTROS ELECTORALES; DESIGNAR FECHA DE TERMINACION PARA REGISTRACION; ORDENAR QUE SE DEN NOTIFICACIONES DE ELECCION COMO PRESCRITO POR LA LEY EN CONEXION CON TAL ELECCION. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: AHORA, POR LO TANTO, SEA RESUELTO POR EL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS, QUE: SECTION 1: An election is hereby ordered to be held jointly with the Wylie Independent School District and Collin County Community College on Saturday, May 8, 2010, for the purpose of electing two(2) City Council members to fill the following expiring terms on the Wylie City Council; Place 1 and Place 3. Resolution No.2010-08(R) Order of May 8,2010 General Election Page 1 SECCION 1: Una eleccion es por el presente ordenada que se llevara acabo colectivamente con el Distrito Escolar Independiente de Wylie y el Distrito Colegial del Condado de Collin el sabado, 8 de Mayo, 2010, con el proposito de elejir dos(2)miembros del Concilio para el Lugar 1 y el Lugar 3 del Concilio de la Ciudad de Wylie; cual su termino ha expirado. SECTION 2: The Election Day polling places where qualified voters shall cast ballots at such locations in the City of Wylie, 2009 General Municipal Election are as follows: SECCION2: Los locales de los centros electorales donde los votantes calificados votaran el dia de la eleccion de la Election Municipal General del 2009 de la Ciudad de Wylie, son los siguientes: County Election Precincts- Polling Place Precinct 25, 144, 153, 159 & 175 (Collin Co.) Southfork Mobile Home Park 216 Southfork Blvd. Wylie, Texas Precincts 27, 33, 41, 56, 83,133, 170 & 174 Wylie Bible Church (Collin Co.) 109 W. Jefferson Precincts 1A (Rockwall Co.) Wylie, Texas Precinct 2601 (Dallas Co.) Election polls shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election. Los Centros electorales estaran abiertos de las 7:00 a.m. a las 7:00 p.m. el dia de la eleccion. SECTION 3: Early voting by personal appearance shall be available at the Collin County Elections Office, 2010 Redbud Blvd. Suite 102, McKinney, Texas, and Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas, voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. Early voting will begin on Monday, April 26,2010 through Tuesday,May 4, 2010 during the normal working hours of 8:00 a.m.to 5:00 p.m. with extended voting hours on Thursday,April 29,2010 from 8:00 a.m.to 7:00 p.m.., Saturday,May 1,2010 from 8:00 a.m.to 5:00 p.m. and May 3,2010 and May 4,2010 from 7:00 AM to 7:00 PM. Applications for ballot by mail shall be requested from and mailed to the Collin County Elections Administration Office,Attn: Elections Administrator,2010 Redbud Blvd.,Suite 102, McKinney, Texas 75069. Applications for ballots by mail must be received no later than the close of business on April 30, 2010. SECCION 3: Votacion temprana por apariencia personal sera disponible en la Ofacina de Elecciones del Condado de Collin, 2010 Redbud Blvd. Suite 102, McKinney, Texas; el Centro Municipal de la Ciudad de Wylie, 2000 N Highway 78, Wylie, Texas. Wylie votantes pueden votar en cualquiera de los locales adicionales de Votacion Temprana que estan abiertos bajo servicios de contrato completo con la Administration de Elecciones del Condado de Collin. Votacion temprana empieza el lunes, 26 de abril, 2010 hasta el martes, 4 de mayo, 2010, durante las horas de trabajo Resolution No.2010-08(R) Order of May 8,2010 General Election Page 2 norrnales de 8:00 a.m. a 5:00 p.m. con horas prolongadas el jueves, 29 de april, 2010, de 8:00 a.m. a 7:00 p.m., el sabado, 1 de mayo, 2010 de 8:00 a.m. a 5:00 p.m.y el 3 y 4 de mayo, 2010 de 7:00 a.m. a 7:00 p.m. Las solicitudes para boletos de votacion por correo deben ser pedidas y enviadas por correo a Collin County Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. Solicitudes para boletos de votacion por correo deben ser recibidas a no mas tardar para el cierre del dia de negocio el 30 de abril, 2010. SECTION 4: Candidates must file for a specific place and adhere to the filing deadlines accordingly. Candidate Packets are available in the City Secretary's Office.The candidate filing periods for the General Election for Council Seats, Place 1 and 3 are as follows: SECCION 4: Candidatos deben registrarse para un lugar especifico y adherir consiguientemente a la fecha final de registracion. Paquetes para candidato estan disponibles en la Oficina de la Secretaria de la Ciudad. Los periodos para registracion del candidato para la Eleccion General para los Lugares del Concilio 1 y 3 son los siguientes: General Election Filing Council Seats Place 1 and 3 Registration para la Eleccion General de los Lugares de Concilio 1 y 3 Beginning: February 6, 2010 at 8:00 a.m. Ending: March 8, 2010 at 5:00 p.m. Empezando: 6 de febrero, 2010 at las 8:00 a.m. Terminando:8 de marzo, 2010 a las 5:00 p.m. Candidates must file in the City Secretary's Office located at 2000 Highway 78 North, Wylie, Texas. Candidatos deben archivar sus paquetes en la Oficina de la Secretaria de la Ciudad localizada en 2000 Highway 78 North, Wylie, Texas. SECTION 5: Direct Record Electronic (DRE)voting machines shall be used in this election for early voting by personal appearance and Election Day voting. Optical-scan ballots shall be used for early voting by mail. SECTION 5:Maquinas electronicas de registracion directa para votacion seran utilizadas en esta eleccion para votacion temprana en persona y para votacion el dia de la eleccion. Boletos de escaper optico seran utilizados para votacion temprana por correo. SECTION 6: The City Secretary is hereby authorized and directed to publish and/or post,in the time and manner prescribed by law,all notices required to be so published and/or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. The election,including providing notice of the election,shall be conducted in accordance with the Texas Election Code and other applicable law, and all resident qualified and registered voters of the City shall be eligible to vote at the election. Resolution No.2010-08(R) Order of May 8,2010 General Election Page 3 SECTION 6: La Secretaria de la Ciudad esta por el presente autorizada y dirigida a publican y/o anunciar la hora y manera como prescrito por la ley, todas las notificaciones requeridas que sean publicadas y/o anunciadas en conexion con la conducta de esta eleccion. El contrato de la Eleccion del Condado de Collin debe designar los jueces para la eleccion colectiva. La eleccion, incluyendo dar aviso de la eleccion, deben ser conducidas de acuerdo con el Codigo de Eleccion de Texas y otras leyes aplicables,y todo residente calificado y registrado votante de la Ciudad debe ser elegible para votar en la eleccion. SECTION 7: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Texas Election Code and any other state or federal law in carrying out and conducting the election, whether or not expressly authorized herein. SECTION 7: El Alcalde y la Secretaria de la Ciudad, en consulta con el abogado de la Ciudad,por el presente estan autorizados y dirigidos de tomar cualquier y toda action neceearia para estar en conformidad con las provisioner del Codigo de Eleccion de Texas y cualquier otra ley del estado o federal para llevar acabo y conducir la eleccion, aunque sea o no sea expresamente autorizado en esto. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin, Dallas and Rockwall Counties, Texas, on this the 9th day of February, 2010. DEBIDAMENTE PASADO YAPROBADO por el Concilio de la Ciudad de Wylie, Condados de Collin, Dallas y Rockwall, Texas, este dia 9th de Febrero, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2010-08(R) Order of May 8,2010 General Election Page 4 May 8, 2010 General Election Results and Certification STATE OF TEXAS § CANVASS OF THE CITY OF WYLIE GENERAL ELECTION COUNTY OF COLLIN § May 8, 2010 I, Sharon Rowe, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots. I, therefore, make the following report of my findings from the May 8, 2010, City of Wylie General Election that was held in Collin County, Texas. I hereby certify the results to be a full, true and correct tabulation, audit and count of the votes cast in the said election. WITNESS, my hand on this the 14th day of May 2010. Sharon Rowe Elections Administrator Collin County Election Summary Report Date:05/14/10 Cities and Schools Time:10.39:53 Summary For JURISDICTION WIDE, All Counters, WYLIE Pagel of I Combined Accumulated Totals Registered Voters 450376-Cards Cast 671 0.15% Num.Report Precinct 201-Num.Reporting 201 100.00% Councilmember,Place 1-Wylie Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 671/19190 3.5 % Total Votes 612 Times Blank Voted 59 Times Over Voted 0 Number Of Under Votes 0 Gilbert Tamez,Sr. 263 42.97% David Goss 349 57.03% Councilmember,Place 3-Wylie Total Number of Precincts 1 I Precincts Reporting 11 100.0 % Vote For 1 Times Counted 671/19190 3.5 % Total Votes 473 Times Blank Voted 198 Times Over Voted 0 Number Of Under Votes 0 Kathy Spillyards 473 100.00% Election Summary Report Date:05/14/10 Cities and Schools T;mea0s2:07 Page:1 of 1 Summary For JURISDICTION WIDE, , WYLIE Election Day Accumulated Totals Registered Voters 450376-Cards Cast 297 0.07% Num.Report Precinct 201-Num.Reporting 201 100.00% Councilmember,Place 1-Wylie Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For 1 Times Counted 297/19190 1.5 % Total Votes 266 Times Blank Voted 31 Times Over Voted 0 Number Of Under Votes 0 Gilbert Tamez,Sr. 111 41.73% David Goss 155 58.27% Councilmember,Place 3-Wylie Total Number of Precincts 11 Precincts Reporting 11 100.0 % Vote For Times Counted 297/19190 1.5 Total Votes 194 Times Blank Voted 103 Times Over Voted 0 Number Of Under Votes 0 Kathy Spillyards 194 100.00% Election Summary Report Date:05/14/10 Cities and Schools Time:10:47:26 Pagel of 1 Summary For JURISDICTION WIDE, , WYLIE Early Voting Accumulated Totals Registered Voters 450376-Cards Cast 374 0.08% Num.Report Precinct 0-Num.Reporting 0 0.00% Councilmember,Place 1-Wylie Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 374/19190 1.9 % Total Votes 346 Times Blank Voted 28 Times Over Voted 0 Number Of Under Votes 0 Gilbert Tamez,Sr. 152 43.93% David Goss 194 56.07% Councilmember,Place 3-Wylie Total Number of Precincts 0 Precincts Reporting 0 Vote For 1 Times Counted 374/19190 1.9 % Total Votes 279 Times Blank Voted 95 Times Over Voted 0 Number Of Under Votes 0 Kathy Spillyards 279 100.00% Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: May 18, 2010 Item Number: 1 (City Secretary's Use Only) Department: City Secretary Prepared By: Account Code: N/A Date Prepared: May 14, 2010 Budgeted Amount: N/A Exhibits: Resolution No. 2006-17(R) Subject Tabled Item from 5-11-2010 Motion to remove from the table and consider an act upon: Consider, and act upon, the appointment of a 2010 Board and Commissions City Council Interview Panel to conduct the June 2010 board applicant interviews. Recommendation Motion to appoint , , and to serve on the 2010 Boards and Commissions City Council Interview Panel. Discussion Each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 31st of each calendar year. In June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Pursuant to Resolution No. 2006-17(R) approved in 2006, the procedures for the interview process, allows council members, not serving on the panel, an opportunity to address questions and concerns to the panel to be asked of the applicants. The rules and procedures in Resolution 2006-17(R) comply with the Texas Open Meetings Act. Proposed interview meeting dates will be Wednesday June 9, 2010, Thursday, June 10, 2010, and Monday, June 14, 2010 from 6:00 p.m. - 9:30 p.m. each night. Immediately following the final Thursday night interviews, the panel will deliberate on recommendations to be submitted to City Council at the June 22, 2010 Regular Meeting. New board members approved by City Council will begin their terms on July 1, 2010. All Council members will receive the scheduled appointment list and applications submitted prior to the interview process. Staff is requesting that the panel recommend at least two alternates for each board in the event a vacancy arises during the year. Approved By Initial Date Department Director CE 5-14-10 City Manager Page 1 of 1 RESOLUTION NO.2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS,the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three(3)Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No.2006-17(R) Boards and Commission Interview Process DULY PASSED AND APPROVED by the Wylie City Council on this 23`d day of May 2006. John ondy, ayor ATTEST: )- SEAL E Caro a Ehrlich, v ecretary • • .r Resolution No.2006-17(R) Boards and Commission Interview Process