Recap of April 3, 2012 City Council Meeting

Filed under: City |

In what was expected to be a rather uneventful council meeting and light agenda, four of the council members chose to postpone the bulk of the meeting until the April 17, 2012 regular meeting.

This was due to the unexpected arrival of councilmember Scott Cannon. Cannon had resigned his position, but as was explained in the meeting by the city attorney, following state law, Cannon actually held that office until a replacement was put into place.

Immediately after the Invocation, Pledge of Allegiance, Mayor’s Report, and the Proclamations and Recognitions Thomas made a motion to postpone the remainder of the meeting until the next regular meeting on April 17, with both Jameson and Freeman seconding the motion.

Mayor Green explained that there were some deadlines that needed to be met and asked Richard Summerlin to explain what the deadlines are. Summerlin explained that if item 2C were not acted on the City would not have the ability to order office supplies. Grady Smithey asked that if the council would be willing to discuss and vote the consent agenda before postponing. Summerlin also explained that on 2C there was thirty days and only a small amount of funds available with the current contract. Thomas amended the motion to include the adoption of 2C, 3C and item 11 on the regular agenda. Freeman seconded the amendment.

Mayor Green asked for the reasoning behind postponing the meeting. Freeman attempted to explain, but Thomas called for a point of order and stated that the amendment needed to be voted on before further discussions about the delay. The amendment passed 7-0. Mayor Green again asked for the reasoning why the meeting was to be delayed. Freeman stated, “We have a councilman that got into legal problems and resigned and I understand that by law he is allowed to hold that position until the next election. But, it is an embarrassment to me and to the citizens of Duncanville to sit up here with this man with what he’s accused.” Freeman went on to explain that Cannon was on all the television stations and in the newspapers. Freeman went on to explain that if the accusations are true, that he gets help.

Smithey asked if those that made and seconded the motion felt the same way.

Thomas stated that Cannon had resigned, that media outlets ran the story, and that he resigned, did not want to bring any more shame, and was stepping down. Thomas said that now two meetings later he comes back and she feels it is deceptive.

Smithey asked Cannon if he had anything to say before the vote. He also asked the city attorney to explain about the office and resignation. The attorney stated that according to the Texas Constitution, Cannon held the office until a replacement is either appointed or elected. Since it is passed the deadline to appoint someone, Cannon will hold the office until the election.

Cannon stated that he had prepared a statement that included an apology and would like to read it. Thomas stated point of order, and said that the statement was out of order, as it did not apply to the motion to postpone the meeting. Jameson stated that it was a ridiculous and asked that the vote be taken. Thomas stated that if Cannon was sorry or not, it did not have anything to do with the motion to postpone the meeting. Green ruled that it was in order and Thomas appealed the ruling to push it to a vote. The vote to overrule the ruling passed 4-3 with Freeman, Thomas, Harris and Jameson voting in favor of overruling the Green’s decision.

Smithey continued his statement that this violated his basic beliefs. One of those being the rule of law, that the person serves until he is replaced. During this entire time Thomas, Harris and Jameson were loudly calling for “point of order.”  Mayor Green did rule that Smithey was out of order in regards to the motion on the floor.

Thomas called the question and the question was called by a vote of 4-2 with Cannon and Smithey voting against, and Green not voting.

The motion to postpone the meeting until April 17 and items 2C, 3C and 11 would be approved. The motion passed 5-2 with Green and Smithey voting against.

Mayor Green gaveled the meeting closed.

Cannon was contacted via e-mail regarding any statement that he might have and he declined at this time. “I have no official comment that is available for publication at this time.  I have made no comments to the press since any of this started except via my letter of resignation,” Cannon responded.

These events should make for an interesting meeting on April 17.

Council Chambers, City Hall
203 E. Wheatland Road

Pledge of Allegiance
Mayor’s Report

Noted on Officer’s that were recognized in the last meeting, and that during that meeting a robbery had occurred at a local business and that during that meeting the suspect was arrested and jailed. You can see additional information by clicking here.

Recognition of Visitors / Proclamations / Presentations

Mayor David Green recognized a group of Boy Scouts that had recently attained the rank of Eagle Scout.

Mayor Green also recognized National Library Week

Arbor Day was recognized

Citizens Public Comment Period
[Each speaker will be allowed two (2) minutes to address the council.]

No cards were turned in.


1 C. Approval of minutes.

2C. Approval of an expenditure in the amount of  $48,000 for the annual purchase of   office supplies from Office Depot, Inc. through the Texas Cooperative Purchasing Network.

3C.  Approval of  a General Fund expenditure in the amount of  $48,000 for the annual purchase of  emergency medical supplies from Bound Tree Medical Products, Inc. through the City of  Cedar Hill Cooperative.

4C. Approval of an expenditure in the amount of $50,637.50 for a one-year purchase of  water meters from Master Meter, Inc. through the City of  Fort Worth Cooperative Purchasing Program.

5C. Approval of a Utility Fund expenditure in the amount of $28,743.49 with Dallas Water Utilities for FY10-11 wastewater transportation charges.

6C. Approval of City of Duncanville Credit Card Security Policies.

7C. Approval of2012 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates.


8.  Discuss and consider approval of EMS Transport Billing Waiver Policy.

9.  Discuss and consider approval of a request from the Duncanville Community & Economic Development Corporation to use City facilities.

10.  Discuss and consider approval of a Utility Fund expenditure in the amount of  $34,000 with for a water and wastewater rate and cost allocation study.

11.  Discuss and consider approval of an annual service agreement and expenditure in the amount of  $27,996 with ACS Government Services, Inc. for remote database administrative services.

12.  Discuss City Council Audit Committee oversight of the City’s budget process.

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

14.  Recess into Executive Session pursuant to Government Code Section 551.071 (2) to receive legal advice regarding:  (i) Main Station Agreement and other economic development projects related to the Main Street Vision and redevelopment efforts; (ii) former Metroplex Toyota land; and (iii) responding to correspondence received from COP volunteer.

15.  Consider any action necessary pursuant to discussion in Executive Session.