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HomeMy WebLinkAbout1976-02-24Regular Meeting Euless City Council February 24, 1976 CALL TO ORDER The regular meeting of the Euless City Council was called to order at 8:00 P.M. in the Council Chamber of Euless City Hall by Mayor Harold Samuels. Members present were Mrs. Willie Me McCormick, Messrs. Glenn Walker, Charles Hunt, and Ray Ozebek, (Absent: Mr. Wayne Wright). Also present were City Manager W. M. Sustaire, City Secretary Della Houy, City Attorney Bob McFarland, and City Engineer B i 11 Flowers. VISITORS Visitors present are as follows: Messrs. Col. Don Perkins, R. A. Johnson, Ken Taylor, Mel McReynolds, John Stoneman, Duane Spenst, Ivan Gregory, B i l l Toppe, Alton Ray, Lynn Shackelford, George Guyner, Sevan Denham, Hal C. Ferguson, Stan Himes, W. R. Zieschang, and Robert Cowan; Mesdms. Barbara Burke, Ruth Spenst, Annelle B. Apple, Tommie Samuels, Teresa Walker, Barbara Buyner, and Barbara Zieschang, and M i s s Carole Samuels. INVOCATION The invocation was given by Mrs. W i ll i e Mx McCormick. APPROVAL OF MINUTES The minutes of the regular meeting dated January 27, 1976 were approved as written. The minutes of the work session dated February 12, 1976 were approved as written. I MR. ROBERT COWAN TO PRESENT CITIZEN'S HANDBOOK Mayor Samuels recognized Mr. Robert Cowan, Chairman of the Council of Social Concerns. Mr. Cowan stated the Council of Social Concerns is proposing a Citizen's Handbook to inform the citizens of Euless of the different services available in the City Government. He stated that in the • past the Council has studied drug abuse, alcoholism, and vandalism, and in the recent survey the operational structure of govern- mental units came up, also Planning and Zoning, Traffic Safety, Law Enforce- ment, police public relations, citizens apathy, issue ignorance, economics, including the tax base, employment, community sense of identity, and trans- portation. He stated they thought this was the perfect time to put together a guide that would help our citizens know what is going on in our City and also let them know what medical and other services are available. Mr. Cowan stated (page Two, Regular Meeting, .Eule .s.,.City Council, .February 24, 1976) they are having fifteen hundred (1500) copies printed, at a cost of approximately one hundred dol'1ars, with United Way assisting them in the printing and assembling of the brochures. Mayor Samuels stated there is a great need for something like this booklet. Mrs. McCormick moved to authorize the Council of Social Concerns to proceed with the citizen's handbook, as it has a lot of information, and she would like to commend the Council of Social Concerns for a marvelous job. Mr. Ozebek seconded the motion and the vote is as follows: Ayes: Mrs. McCormick, Messrs. Ozebek, Hunt, and Walker Nays: None Mayor Samuels declared the motion carried. 11 BIDS FOR PURCHASE OF 1976 SEWER CLEANING MACHINE City Manager Sustaire presented the bids for the purchase of a 1976 sewer cleaning machine as follows: BID BID DELIVERY BIDDER PRICE BOND DATE Naylor $23,400.00 Yes 45 days Arlington Equipment $21,626.00 Cashier's Check 60 -90 days Dy -Namic Hydra Cleaner $19,968.27 Yes 6 -8 weeks $20,404.62 $21,709.97 $22,146.32 Rockwell International $19,904.20 Cashier's Check 6 -8 weeks (Bids opened and tabulated by the City Secretary on Tuesday, February 3, 1976, at 10:00 AM.) (Copies of bids and specifications are on file in Office of City Secretary) Mr. Sustaire stated that only one (1) bid submitted met all the specifications and he is recommending Arlington Equipment Company in the amount of $21,626.00. Mr. Hunt inquired if the difference in the bids were for small items that could be purchased individually at a cheaper cost. (Page Three, Regular }eeting, Euless City Council, February 24, 1976) Mr. Shackelford stated that all items listed in the specifications are required and are on the original equipment and the specifications are based on what the City needs and not on extras. Mr. Hunt moved to concur with the recom- mendation of the City Manager and approve the bid of Arlington Equipment Company in the amount of $21,636.00. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Hunt, Walker, Ozebek, and Mrs. McCromick. Nays: None Mayor Samuels declared the motion carried. III AUDIENCE REQUESTED BY MEL M REYNOLDS ON RECOMMENDA- TIONS FOR CITY ELECTIONS Mayor Samuels stated that on June 10, 1975, several citizens appeared before the Council and had some recommendations on the method of handling the election and he is pleased to report that in working with the City Attorney, City Manager, and the City Secretary there are some changes that will be made at this election. Mayor Samuels read the changes as follows: 1. The Council has appointed a new election judge this year. 2. The Council has appointed a precinct chairman to serve as assistant election judge. 3. The City is in the designing stage of a new Public Safety Building which will be a permanent correciton of having an election near the entrance to the police station. 4. The City w i l l put up some type of screening to close off the police entrance to the polling place for this years election. 5. The reason the Council did not move the polling place to the Community Building is because the school district had their election in the Community Building last year and they have requested to be moved back to City Hall because of undesirable conditions on election day in the Community Building and they will be holding their election in the City Hall this year. 6. The municipal election will be held in the north end of City Hall, away from the police station, and the school board election will be held in the south end of City Hall. ,(Page Four, Regular Meeting, Euless City Council, February 24, 1976) 7. Ballots will be bilingual this year for the first time. 8. Efforts will be made by the election judge to keep unauthorized person and those not actively voting out of the area. Mayor Samuels recognized Mr. Mel McReynolds who stated he is presenting some suggested changes in Euless elections. Mr. McReynolds stated he has discussed these changes with City Attorney Bob McFarland and Mr. McFarland advised him that the City has taken the suggestions into consideration. Mr. McReynolds presented his suggested changes as follows: 1. Move voting place from City Hall to the Community Center. The purpose behind this suggested change is to permit compliance by the City with Articles 8.17 and 8.27 (b) prohibiting loitering within 100 feet of any open door to the building within which voting is taking place. Also, bystanders are prohibited from being in the area where voting is taking place and only the election judge and his assistants, any poll watchers and people voting are permitted in the area. The election judge should be instructed in writing from the City that these procedures are to be complied with. 2. Change election judges. Consistent with the Texas Election Code (Artilce 4.06) the election judge and his assistant should be from different political parties. 3. Furnish each of the candidates with a condensed version of election procedures. 4. Consolidate City and School Board elections to take place at the same place and same time with the same election judge for the purpose of cutting costs. 5. In accordance with the Texas Election Code, the election judge should insure that only permitted persons be present when the results of the election are being tabulated. 6. Consistent with the Texas Election Code and the Euless City Charter, instruct the election judge that the results of the election are not available to anyone until delivered to the City Secretary. 7. Note: Article 8.23 makes it unlawful for any election official to reveal the names of those persons who have or have not voted. NOTE: The recent amendments to the Voting Rights Act had for their purpose of requiring bilingual requirements in conducting elections. There is also a provision prohibiting any change by State or its political sub — divisions of any standard, practice or procedure in-effect in certain years. Since the prohibition against loitering and bystanders were probably in effect prior thereto, our suggestions are merely to require compliance with the laws whichre in effect then. (Page Five, Regular Meeting, Euless City Council, February 24, 1976) Mr. McFarland stated that in his opinion all changes submitted by Mr. McReynolds are very practical and should be given some consideration, that all be implemented to the extent that they can because basically, it is calling to the election judges at- tention the areas in the Election Code that do require to be followed and it is suggested that the Council instruct the City Manager or someone to furnish the election judge with a copy of Mr. McReynolds suggestions, calling to his attention those particular areas where there may or may not be ir- regularities but specific attention be given as a reminder to the election judge that the code does require that those procedures need to be followed. Mr. McFarland stated that the Voting Rights Act requires that all changes effecting voting be submitted to the Attorney General or the Justice Department in Washington, D. C. Mr. McFarland stated that he called Mr. McReynolds for any of his suggested changes in the election within the time l i m i t to submit the changes to the Attorney General, and he discussed it with the Mayor and City Manager. Mr. McFarland stated that as he recollects, Mr. McReynolds and several other people had indicated, at the time of the last election, tlat they would have some suggestions for the Council for the election. Mr. McFarland stated that the t i m e l i m i t has now passed and the Council would jeopardize the entire election if they made any changes without first obtaining clearance from the Attorney General. Mr. McFarland stated the State Legislature last year, for purposes of con- solidation and expense, has set up certain dates on which elections can be held, and if the City does not hold the election on the dates indicated, they cannot hold an election. Mr. McFarland stated that on the appointment of the election judge, the Election Code requires for publication of the notice of election by a certain t i m e l i m i t to be followed; this t i m e l i m i t has passed and the Election Code states that the election judge be picked at the time the election is called. He further stated the election judge is allowed to pick his clerks and this can be applied to item two (2) of Mr. McReynold's suggestions. Mr. McFarland stated that the school board picks its on place and it would be wise to call attention to the school board that all precincts that comprise the City of Euless be allowed to vote in one (1) place. Mr. McFarland stated he would look into the matter of pamphlets for candidates and see if there is anything available. Mrs. McCormick stated the League of Women Voters have a pamphlet available for poll watchers and for the candidates. Mr. Ozebek inquired if screening off this front area totally is possible so you cannot get access to the polling place by coming in the West door. (Page Six, Regular.l`1eetipg Euless City Council, February 24, 1976) Mayor Samuels stated that the plan that the City Manager is going to use is to use the voting machine and other screening devices so people coming into the polling place will have to use the East door. Mr. Hunt stated that perhaps this came out at a Council meeting when he was out of the City, but the Mayor described a procedure where -by we were going to make certain arrangements to include the school election in this building as well as our own, moving the City Council from one end of the building to the other, and he was wondering if the entire Council was informed of this during a tim e when he was not present. Mayor Samuels stated that these changes in the election were not discussed at a Council meeting, but are recommendations of the City Manager. Mr. Sustaire stated that each year the school district makes their writeen request to the City Manager for a polling place and they requested specifically to meet in the City Hall this year and they did not request which end they preferred, that the noise and loitering problem was very bad at the Community Building. Mayor Samuels stated the minutes of that meeting reflect there was some discussion of moving the polling place to the North end of this building. Mr. McFarland stated that in his opinion the Council will be jeopardizing the election if they move the polling place at this time. Mr. McFarland stated that the Voting Rights Act specifically states that all changes be submitted in writing for them to exam, and they have sixty (60) days to decide whether they will approve orwhe:tlrix they will have some stipulations attached to the request. Mr. Walker inquired if all of the changes submitted by the City Manager were in compliance with the Election Code without having to get pre - clearance. Mr. McFarland stated the changes submitted are in compliance with the Election Code and do not require approval by the Attorney General. Mr. Walker inquired if there was anyway to give the election judge any information to help him meet the duties of the election judge. Mr. McFarland stated he would get copies of all the requirements to the election judge. Mr. Sustaire stated the only doors to be opened to the polling places will be the North dooDs; for the City election and the East doors to vote in the school election. (Page Seven, Regular Meeting, Euless City Council, February 24, 1976) Mr. McFarland stated that citizens coming into the Council room the night of the election for the election returns w i l l not be loitering when the votes are counted as a l l doors w i l l be locked into the polling place. IV CONSIDERATION OF FEES FOR RECREATION AND ATHLETIC PARTICIPATION City Manager Sustaire presented the recommendations of the Park and Recreation Board establishing fees for recreation and athletic participation. Mrs. McCormick moved to concur with the reommendations of the Park and Recreation Board for fees for recreation and athletic participation. Mr. Walker seconded the motion. Mr. Hunt inquired if the new fees effect any of the organizations such as Little League, Pee \ Football, and the Soccer Association. Mr. Sustaire stated they would have absolutely no effect as the City has a reciprocal arrangment with Hurst and Bedford. The vote on Mrs. McCormick's motion is as follows: Ayes: Mrs. McCormick, Messrs. Walker, Ozebek, and Hunt Nays: None Mayor Samuels declared the motion carried. V AUDIENCE REQUESTED BY DUANE SPENST ON CONDITION OF CITY DOG POUND Mayor Samuels recognized Mr. Duane Spenst who stated he is before the Council to protest the care and maintenance of the City Dog Pound. Mr. Spenst stated that he has no complaint against the animal wardens as they do their job well, but the conditions of the dog pound and the way the animals are kept is what he is complaining about. Mr. Spenst stated the animal warden picked up his dog that had gotten out of the back yard and he could not pick up his dog on Friday afternoon because the dog pound was closed and when he picked up his dog Saturday morning his dog had twenty -five (25) to thirty (3) cuts, scratches, and bites and was missing four (4) teeth, as well Gage Eigbtz Regular fleeting, Euless City Council, February 24, 1976) as being completely dehydrated. Mr. Spenst stated he has been advised by the Veterinarian that it will take six (6) months to one (1) year to recover. Mr. Spenst showed the Council pictures of the dog at the time he was taken to the veterinarian. Mr. Spenst stated that in talking with the City Manager he was advised there is a new animal shelter going to be built but something needs to be done now, some type of temporary measure with the old dog pound being subdivided into three (3) or four (4) pens to separate the large and small dogs. Mr. Spenst requested the Council to pay the veteri- narian bill in the amount of $55.00. Mayor Samuels stated that they are working as best they can in getting a new pound; that the idea of dividing the dog pound is good and he will talk to the City Manager and he requested the Council to authorize the City Manager to pay Mr. Spenst $55.00 for the veterinarian bill and they w i l l try to keep this from happening again. Mr. Ozebek moved to authorize the City Manager to divide the pound into several pens and reimburse Mr. Spenst in the amount of $55.00. Mr. Walker seconded the motion and the vote is as follows: Ayes: Messrs. Ozebek, Walker, Hunt, and Mrs. McCormick Nays: None Mayor Samuels declared the motion carried. VI ADJOURNMENT The meeting adjourned at 9:30 P. M. APPROVAL ZittA4amta Mayor ATTEST :