10-28-1986 (City Council) Minutes 32
CITY COUNCIL MEETING
MINUTES
OCTOBER 28 , 1986
7 :00 P. M.
The Wylie City Council met in regular session on Tuesday,
October 28 , 1986 at 7 :00 P. M. in the Wylie Community Room.
A quorum was present and notice of the meeting had been
posted for the time and in the manner required by law.
Those present were Mayor Pro Tem Joe Fulgham, Council
Members Calvin Westerhof, Chuck Trimble, and Sandra Donovan,
City Manager Gus Pappas, City Secretary Carolyn Jones,
Acting Public Works Director Kenneth Moelling, Larry Allen
of the Fire Department, Louis Nichols, City Attorney.
Mayor Pro Tem Fulgham called the meeting to order and
Councilman Westerhof gave the invocation.
APPROVAL OF MINUTES: There being no corrections or
additions to the minutes a motion was made by Councilman
Trimble to approve minutes for the October 14 , 1986 meeting
as submitted. Seconded by Councilman Westerhof . The vote
as as follows: Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor.
PROCLAMATION TO PROCLAIM NOVEMBER 12 , 1986 AS "SALUTE TO
SCHOOL VOLUNTEERS DAY" : This request was made by the
principal of Hartman Elementary School to proclaim November
12th as "Salute to School Volunteers Day" . Motion was made
by Councilman Westerhof to approve and sign proclamation to
proclaim November 12 , 1986 as "Salute to School Volunteers
Day" . Seconded by Councilwoman Donovan. The vote was as
follows: Mayor Pro Tem Fulgham - in favor, Councilman
Trimble - in favor, Councilman Westerhof - in favor, and
Councilwoman Donovan - in favor . This motion carried with
all in favor.
AUTHORIZATION TO JOIN THE NATIONAL LEAGUE OF CITIES: City
Manager Gus Pappas said the approximate cost to join the
National League of Cities at our current population is
approximately $590 .00 . This is much like the Texas
Municipal League (TML) which the city is a member of. The
National League of Cities provides magazines and literature
through out the year of things happening in other cities.
The National League of Cities also offers seminars at a
discount for Council members. The annual fee for membership
is based on population. Motion was made by Councilman
Trimble to join the National League of Cities. Seconded by
Councilwoman Donovan. The vote was as follows : Mayor Pro
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Tem Fulgham - against , Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor . This motion did not carry.
PRESENTATION BY CITY SECRETARY OF THE PETITION FOR RECALL OF
COUNCILWOMAN SANDRA DONOVAN: This presentation is being
made under the provisions of Article VI , Section 7 ,
paragraph 2 of the City Charter . City Secretary Carolyn
Jones certified to the sufficiency of the petition for
recall of Councilwoman Sandra Donovan. The Affidavit of
Petitioners Committee was submitted to my office on
September 30 , 1986 listing the charges being brought against
Councilwoman Donovan. As of September 30th, there were
1,964 qualified voters in the City of Wylie. There were 534
signatures of qualified voters certified on the petition for
recall . City Secretary Carolyn Jones handed out copies of
the petitions to each Council member.
Councilman Trimble asked why this petition was not a part of
the packet. City Secretary Carolyn Jones said it was
another 30 pages for the packet and she felt this as not
necessary.
Councilman Trimble ask if anyone asked for a copy of this
prior to the meeting. City Secretary Carolyn Jones said
that Mrs . Donovan came by for a copy, but was told that she
would be given a copy the night of the meeting as the City
Charter stated.
Councilman Trimble then asked if anyone else checked the
names on the petition other than the City Secretary. City
Secretary Carolyn Jones, said no, the City Charter states
that the City Secretary will certify to the sufficiency of
the petitions.
Councilman Trimble said he did not see how any of the other
items could be taken care of since they did not get the list
in time to look at it. City Manager Gus Pappas said that
the Council did not have to agree or act on these charges .
City Attorney Louis Nichols told Mrs. Donovan that she has
five (5) days to ask for a public hearing. If she wants
this hearing, than Council will call a meeting for the
hearing and then call for the election.
Councilwoman Sandra Donovan made the following statement:
"Last April 5th, I was elected by approximately 54% of
the citizens voting that day to serve as a city council
member . I have done my best to represent the citizens of
Wylie.
I 'm in the middle of this controversy because I ask
questions and bring matters to public attention - which I
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believe is my duty as a council person. Apparently I have
offended some. I have in the past and will continue to vote
with the city employees when they are right and against the
city employees when they are wrong.
The main issue in Wylie is not Sandra Donovan. The
issue is will Wylie be governed by a Mayor and council
members or by some city employees? i happen to believe that
this city should be governed by a mayor and a council .
Every citizens needs to be aware of this issue -- some city
employees do resent my questioning some of their actions.
As long as I serve in this office I will not be intimidated.
I will continue to ask the questions people in this
community are correct in asking . If those questions are
offensive to some city employees I can not understand why
they would be offensive unless they have something to hide
from the citizens.
I resent this voluntary resignation item being placed
on the agenda without any prior request coming from me.
This doesn' t surprise me and is typical of the personal
harassment that I have been subjected to.
This is a democracy and the citizens have a right to
have their questions asked and answered.
I will not be intimidated. I will not resign. "
Mayor Pro Tem Fulgham said this was not City employees that
brought up the petition, but the citizens of Wylie.
Louis Nichols, Attorney, made the statement to the Council
that the public hearing does not keep the Council from
calling for this election. The Council should not call the
election until the public hearing .
APPROVAL OF ORDINANCE PROVIDING FOR $15 ,000 . TAX EXEMPTION
FOR PROPERTY OWNERS OVER SIXTY-FIVE (65) YEARS OF AGE: The
Council voted on this some time back, but an ordinance was
never passed . Motion was made by Councilman Westerhof to
approve and sign the ordinance providing for $15 ,000 . tax
exemption for property owners over sixty-five years of age.
Seconded by Councilwoman Donovan. The vote was as follows:
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
APPROVAL OF AMENDMENT TO FEE ORDINANCE ESTABLISHING FEES FOR
SERVICES CONNECTED WITH AMBULANCE SERVICE: These fees have
been the result of a meeting with the City Manager, Chief of
Police, and Bob Hodgkins of the Ambulance Service. The fees
for residents of the City will have cheaper rates both for —,
emergency and transfer runs. The staff justifies this
action since it is their taxes which will ultimately be
35
called upon to support any shortfall in the operational
expenses. Motion was made by Councilman Trimble to approve
the amendment to the fee ordinance establishing fees for the
services connected with the ambulance service. Seconded by
Councilman Westerhof . The vote was as follows : Mayor Pro
Tem Fulgham - in favor , Councilman Trimble - in favor,
Councilman Westerhof - in favor, and Councilwoman Donovan -
in favor . This motion carried with all in favor.
CITIZEN PARTICIPATION: None
PRESENTATION BY HOMER MINYARD REQUESTING THAT ORDINANCE NO.
86-50 ANNEXING 4.95 ACRES BE DECLARED VOID, THUS DE-ANNEXING
HIS PROPERTY FROM THE CORPORATE LIMITS OF WYLIE:
Councilwoman Donovan said that Mr . Minyard' s attorney called
her and told her they would not be present at the meeting.
That they will call back in December after the election and
there is a full council .
AUTHORIZATION TO GO OUT FOR BIDS FOR AN AMBULANCE AS
APPROVED IN THE 1986-87 BUDGET: This item is included in
the 86-87 budget, but staff needs your approval to go out
for bids. Motion was made by Councilman Westerhof to grant
authorization to go out for bids for the ambulance.
Seconded by Councilwoman Donovan. The vote was as follows:
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor, and Councilwoman
Donovan - in favor. This motion carried with all in favor.
AUTHORIZATION TO GO OUT FOR BIDS FOR A SUBURBAN TRUCK FOR
THE FIRE DEPARTMENT: This item is also included in the 86-
87 budget, but staff needs your approval to go out for bids.
Motion was made by Councilwoman Donovan to grant
authorization to go out for bids for the Suburban truck.
Seconded by Councilman Trimble. The vote was as follows:
Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in
favor, Councilman Westerhof - in favor , and Councilwoman
Donovan - in favor. This motion carried with all in favor .
COUNCIL DISCUSSION: Councilwoman Donovan wanted to know
where we were on the street program. City Manager Gus
Pappas said we have most of the volunteer liens back in, but
that the attorney believes we will have to hold a public
hearing prior to issuing liens on the involuntary property.
The staff is waiting on an answer from the attorney.
Mayor Pro Tem Fulgham made the statement on the progress of
the sewer treatment plant, that he had asked a lot of
questions and that the staff is doing okay on this. The
staff is getting very close to finishing the clean up and
starting this process prior to being assessed a fine by the
State. Mayor Pro Tem Fulgham asked if the State has replied
to our letter . City Manager Gus Pappas said the letter was
hand delivered to the State by Mr . Santry. We are asking
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for an extension on our permit on the old plant. The State
has told us that seven (7) years ago they told the City to
start making repairs and improvements to the plant. The
City did not do this, but they are pleased that we have put
in their hands a copy of the plans for the improvements and
the fact that we are in the process of putting plans
together for a new sewer treatment plant. As of this date,
we do not have a written reply from the State, but the next
step will be to authorize CH2M Hill to go into the next
phase of the plans on the sewer treatment plant.
There being no other business, Mayor Pro Tem Fulgham called
for a motion to adjourn. Motion was made by Councilman
Westerhof to adjourn. Seconded by Councilman Trimble. All
were in favor .
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Caroly nes y Secretary