Duncanville City Council Meeting Recap – January 17, 2012

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Duncanville City Council
Meeting Agenda
Tuesday, January 17, 2012

Mayor and all council members were in attendance.

REVISED AGENDA

Invocation

Pledge of Allegiance

Mayor’s Report

Recognition of Visitors / Proclamations / Presentations

Citizens Public Comment Period

Each speaker will be allowed two (2) minutes to address the council

Homer Fincannon – spoke regarding complaints filed against some of the council members.

Charles Freeman – spoke regarding the appearance of an increase of crime in Hollywood Park.

Mark Cooks – spoke regarding the appearance of an increase of crime in Duncanville, while overall crime is going down, the crime rate in Hollywood Park is going up. Also asks the council look at crime in the different neighborhoods and possibility of a task force to address crime in the city.

Consent Agenda

1C. Approval of minutes.

2C. Award of annual bid for traffic marking services to Striping Plus, Inc. and a General Fund expenditure in the amount of $69,729.

3C. Approval of a professional services agreement with Ventyx, Inc. for Utility Billing software migration upgrade and a Utility Fund expenditure in the amount of $21 0,440.

4C. Approval of Resolution No. 2012-O1 1704 authorizing a cooperative purchasing agreement between the City of Duncanville and the City of Allen.

5C. Approval of Resolution No. 2012-011705 authorizing an amendment to the Best Southwest Purchasing Interlocal Cooperation Agreement between the cities of Cedar Hill, DeSoto, Duncanville, Lancaster, and Midlothian.

6C. Approval of Ordinance No. 2167 amending the Code of Ordinances of the City of Duncanville, Texas, by repealing Article II of Chapter 5, “Buildings and General Building Regulations,” and replacing said article with a new Article II to adopt the provisions of the International Building Code, 2009 Edition, to provide for amendments to the International Building Code, 2009 Edition, to adopt the provisions of the International Residential Code, 2009 Edition, to provide for amendments to the International Residential Code, 2009 Edition, to adopt the provisions of the International Energy Conservation Code, 2009 Edition, to provide for amendments to the International Energy Conservation Code, 2009 Edition, to adopt the provisions of the International Property Maintenance Code, 2009 Edition, and to provide for amendments to the International Property Maintenance Code, 2009 Edition; providing repealing, savings and severability clauses; and providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense.

7C. Approval of Ordinance No. 2168 amending the Code of Ordinances of the City of Duncanville, Texas, by repealing Sections 8-l, 8-2, and 8-3 of Chapter 8 (“Electrical Code”), and replacing said sections with new sections 8-1, 8-2, and 83 to adopt the provisions of the National Electrical Code, 2008 Edition, and the administrative provisions of the International Code Council Electrical Code, 2006 Edition, and to provide for amendments to the National Electrical Code and Administrative Provisions of the lntemational Code Council Electric Code; providing repealing, savings, and severability clauses; and providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense.

8C. Approval of Ordinance No. 2169 amending the Code of Ordinances of the City of Duncanville, Texas, by repealing Division I of Article IV in Chapter 9, “Fire Prevention and Protection,” and replacing said division with a New Division l to adopt the provisions of the International Fire Code, 2009 Edition, and to provide for amendments to the International Fire Code, 2009 Edition, providing repealing, savings, and severability clauses; and providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense.

9C. Approval of Ordinance N0. 2170 amending the Code of Ordinances of the City of Duncanville, Texas, by repealing Chapter 14, “Plumbing, Fuel Gas and Mechanical Codes,” in its entirety and replacing said chapter with a new Chapter 14 to adopt the provisions of the International Plumbing Code, 2009 Edition, to provide for amendments to the International Plumbing Code, 2009 Edition, to adopt the International Fuel Gas Code, 2009 Edition, to provide for amendments to the International Fuel Gas Code, 2009 Edition, to adopt the International Mechanical Code, 2009 Edition, and to provide for amendments to the International Mechanical Code, 2009 Edition; providing repealing, savings, and severability clauses; and providing for a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense.

Grady Smithey made the motion, and Don Freeman seconded. Passed by a vote of 7-0

REPORTS/RECOMMENDATIONS/REQUESTS

10. Consider approval of Ordinance No. 2171 amending the Code of Ordinances by amending Appendix A, Zoning, Article XII-L, Section 4 to provide for alternative compliance standards and procedures for nonconforming structures in the “Downtown Duncanville District (DD)”; providing severability, repealing and savings clauses; and providing a penalty of fine not to exceed the sum of two thousand dollars ($2,000.00) for each and every offense.

This motion would provide for the Planning and Zoning Commission to hear requests for variances in the Downtown Duncanville District. Motion to approve was made by Scott Cannon and seconded by Smithey. Motion passed 6-1 with Leslie Thomas voting against.

11. Consider approval of interlocal agreement between the City of Duncanville and Dallas County providing for participation in the Dallas County Scofflaw Program for the enforcement of outstanding Warrants of arrest for the failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic offense by refusing to register or re-register a motor vehicle.

This item was pulled because the council is requesting more information.

12. Receive Fire Department public safety report.

Duncanville Fire Chief Dave Giordano addressed the council to give a quarterly/annual report.

Annual

  • All DISD schools inspected
  • 1127 businesses inspected
  • 1017 fire hydrants serviced
  • Sprinkler system tests conducted
  • 29 station tours
  • 3141 Calls for service in 2011
  • EMS had 2092 transports for 2011
  • 1025 Duncanville residents signed up for Code Red

For 2012

  • Needs for remodeling/refurbishing Station 1
  • Staffing and response issues
  • Determine need to upgrade or replace Public Warning and Notification System
  • Opportunities for continued regional partnerships
  • Possibility of enhanced Emergency Management program
  • Take opportunity to apply for available grants.

Don Freeman asked about a fire fighter that left to go to another city, Giodarno stated that he believed that it was due to moving closer to family. Two more are possibly leaving and that is due to salary issues.

13. Discuss the Code of Ethics complaints filed by Nancy Bell and Homer Fincannon, determine if further action is required, and consider directing staff accordingly.

Nancy Bell spoke regarding her complaint.

The three members accused have asked that the review be made in open meeting.

Scott Cannon first addressed the council regarding Nancy Bell’s complaint

Cannon asked the City Attorney to address the charges against him. The attorney stated that according to the timeline of when knowledge was presented that it was impossible to have a conspiracy to violate the City Charter. Cannon also asked that the attorney address the allegation of violation of Texas Open Meetings Act. The attorney stated that in her opinion that there was no violation of the Texas Open Meetings Act.

Grady Smithey says he believes that the complaint filed by Nancy Bell was political in nature and false. Regarding the complaint filed by Homer Fincannon, Smithey says that Fincannon requested the files over five years ago and is just now filing a complaint, and that he was asked to attend the meeting by state officials. Click here to read Smithey’s entire statement.

Mayor David Green spoke to the charges made by Nancy Bell and that they were recaps of charges filed by former council member Dorothy Burton. Green pointed out that he didn’t respond to any e-mails and didn’t learn about the Skinner’s resignation until a face-to-face meeting held at a later date. As to the charges made by Homer Fincannon, the signature is simply a procedure and is not called for by the charter and does not guarantee or imply that the Mayor has audited the voucher. The Mayor currently is refusing to sign any other vouchers and the form is being redesigned.

The council will be conducting a workshop to rework the council travel procedures and the matter is considered closed.

14. Discuss and consider action regarding awards to be presented at the State of the City Banquet.

Johnette Jameson states that the council will be setting policy on February 2nd regarding future Mayoral Awards.

15. Councilmember Reports — Items of community interest regarding which no action will be taken, as authorized by Section 551.0415 of the Government Code.

Smithey – spoke on the passing of Sandra Courville. Regarding the citizens concern regarding the crime issues in Hollywood Park and a meeting that is set to meet with the residents in that area to include members of the council and police department.

Cannon – wished everyone a Happy New Year and remind people to shop Duncanville first. Also spoke regarding crime issues and asks that the council receives a crime report by council. He also mentioned the upcoming production of “A Weekend Comedy” at the Duncanville Community Theatre.

Don Freeman – recognized the Duncanville Outreach Members and their efforts.

Janet Harris – Wished a Happy New Year and commended the police department and the efforts of the Santa Cop program. Commended the sorority that was honored at the meeting and their intent to be involved in the community and urged all citizens to become involved. Urged citizens to attend the State of the City/Celebrate Duncanville event on Saturday.

Johnette Jameson – wished a Happy New Year

16. Recess into Executive Session pursuant to G.C. Section 551.071, Consultation with City Attorney regarding pending litigation (Community Bank vs. City of Duncanville et al).

Recessed into executive session.

One Response to Duncanville City Council Meeting Recap – January 17, 2012

  1. Homer Fincannon suggestion and my opinion is for the council take on the role of approving the travel plans of fellow council members during their open forum. So we the citizens and tax-payers of Duncanville can see and hear what’s going on in this reimbursement of abused travel. Just post it ,to be view by all at the twice monthly meeting. Plus, posting each City Council Members applied for refunds in the Agenda that’s being applied for monthly. I’ve seen the like of Smithey, tacking on expense of a 400 count bottle of aspirins to his travel expense, I believe its bad enough using valet parking at our expense. I guess these junkets , truthfully are taking away from the funds whereas many pot-holes in Duncanville could be filled , and going to the fun and the big-shotting of our elected officials.

    Homer Fincannon
    Friday, January 20, 2012 at 9:40 am