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    MARCH 2008 CITY COUNCIL REGULAR MEETING

    MINUTES OF REGULAR MEETING 

    RED OAK CITY COUNCIL

    MONDAY, MARCH 10, 2008 

     

    I. CALL TO ORDER – The Mayor will call the meeting to order, declare a quorum if present, and declare notices legally posted pursuant to Open Meetings Act.

    Mayor Alan Hugley called the meeting to order and declared a quorum present and notices legally posted at 7:00 p.m.  Members present were Mayor Pro Tem Eric Smith, Councilmember Ben Goodwyn, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Andy Bell.    

    II. INVOCATION & PLEDGE OF ALLEGIANCE

    Mayor Pro Tem Smith gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.

    III. RECOGNITION & PROCLAMATIONS

    A. Texas Public Schools Week (March 10-14)

    Mayor Hugley proclaimed March 10-14 as Texas Public Schools Week and Red Oak Independent School District Week.  Red Oak Independent School District Superintendent Scott Niven, Assistant Superintendent Russ Schupmann and School Board President John Hawkins accepted the document.  Superintendent Niven thanked the City on behalf of the district for its support during the Bond Election and in various projects the school has done.

    B. Red Cross Month (March)

    Mayor Hugley presented Shelly Campbell, Emergency Services Specialist with the Ellis and Navarro County Red Cross with a proclamation from the City of Red Oak recognizing March as Red Cross Month.  Campbell spoke to Council and Citizens explaining the involvement of the Red Cross in Ellis County and of new innovations such as the Scrubby Bear Program.

    C. Meals-On-Wheels Awareness Month in Ellis County (March)    

    Mayor Hugley declared “March for Meals Month” and introduced Lisa Hicks, Community Development Coordinator for Johnson and Ellis Counties Meals on Wheels.  Hicks stated that Meals On Wheels has been serving Ellis County for seven years and that there are people in Red Oak on a waiting list for services.  Hicks also asked for donations of time from the citizens of Red Oak to help deliver meals.
    IV.  CONSENT AGENDA - Consent Items

    “All matters listed under Item IV. Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion.  There will not be a separate discussion of these items.  If discussion is desired, that item will be removed from the consent agenda and will be considered separately.”

    D. Consider approval of the minutes of the February 11, 2008, Regular City Council Meeting.

    E. Consider approval of the minutes of the February 25, 2008, Special Called Meeting.

    F. Consider approval of Resolution No. 08-03 for the Multi-Agency Safety Automated Communications and Data Accessibility System.

    G. Consider approval of Change Order No. 3 for the Dallas Water Supply Transmission Main.

    Mayor Hugley asked that Agenda Item F be removed for further discussion.  Councilmember Bell asked that Agenda Item G be removed for further discussion.  Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Consent Agenda Items D; E.  The motion was unanimous.  Agenda Item F was brought in for discussion with Police Chief Craig Rudolph updating Council on his efforts to achieve a state grant that, if obtained, would not cost the City any money but would help the Police Department in updating their communications systems.  Councilmember Goodwyn commended Chief Rudolph for attempting to obtain this grant money.  Councilmember Goodwyn made the motion, seconded by Councilmember Lindsey to approve Resolution No. 08-03:  A RESOLUTION OF THE CITY OF RED OAK CITY COUNCIL SUPPORTING THE SUBMISSION OF THE MULTI-AGENCY PUBLIC SAFETY AUTOMATED COMMUNICATIONS AND DATA ACCESSIBILITY SYSTEM GRANT APPLICATION.  The motion was unanimous.  Agenda Item G was brought in for discussion with Public Works Director David Hall explaining the need for approval of Change Order No. 3 for the Dallas Water Supply Transmission Main.  Hall explained that during an investigation they found that boring would not be the best route to take for this project and suggest open cut instead.  Councilmember Bell’s concerns were in the amount of the contingencies that would be used up by this Change Order.  Hall feels confident that there will be no more unforeseen charges and the contingency fund will be sufficient for the duration of the project.  Councilmember Bell made the motion, seconded by Councilmember Goodwyn to approve Change Order No. 3 for the Dallas Water Supply Transmission Main.  The motion was unanimous.     

    V. CITIZEN FORUM

    Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council. 

    No one spoke.

    VI. COUNCIL BUSINESS - OPEN SESSION

    H. Discussion and possible action regarding 2007 Annual Racial Profiling.

    Chief Rudolph addressed Council on the Annual Racial Profiling Report that he is required by State to file.  He explained that the report shows demographics of the City of Red Oak and the Red Oak Police Department of traffic stops, contacts, arrests, searches, etc. all broken down by race.  Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to accept the 2007 Annual Racial Profiling Report.  The motion carried 4-0 with Mayor Pro Tem Smith abstaining until he can further review the report.  

    I. Discussion and possible action regarding an amendment to the IESI contract for solid waste collection, disposal and recycling service.

    City Manager Scott Albert addressed Council concerning the current contract with IESI with a recommendation of approval for a one-year extension with a five percent (5%) rate increase for the IESI contract due to time limitations for staff to prepare a bid package to present.  Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Smith to approve a one-year extension on the IESI contract with a five percent (5%) rate increase across the board.  The motion was unanimous.

    J. Discussion and possible action regarding a production agreement with Dataprose for utility billing service.

    No action taken.

    K. Discussion and possible action regarding the resignation of Renee Hogan from the Library Advisory Board.

    Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to accept the resignation of Renee Hogan from the Library Advisory Board.  The motion was unanimous.

    L. Discussion and possible action regarding the resignation of Amy Hedtke from the Parks and Recreation Board.

    Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to accept the resignation of Amy Hedtke from the Parks & Recreation Board.  The motion was unanimous.

    M. Discussion and possible action regarding the appointment of Jeff Smith to the Parks & Recreation Board.

    Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve the appointment of Jeff Smith to the Parks & Recreation Board.  The motion was unanimous.

    N. Discussion and possible action regarding an appointment to the Library Advisory Board (Robert Shamel, Shirley Gayer, Amy Hedtke).

    Councilmember Goodwyn made the motion, seconded by Councilmember Lindsey to approve the appointment of Amy Hedtke to fill the vacant position left by the resignation of Renee Hogan on the Library Advisory Board and the appointment of Robert Shamel as an alternate on the Library Advisory Board.  The motion was unanimous.

    O. Discussion and possible action regarding an appointment to the EDC Board (Renee Hogan, Brian Roland).

    Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Smith to approve the appointment of Renee Hogan to the EDC Board.  The motion was unanimous.

    VII. EXECUTIVE SESSION - Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections §551.071 (2) (Consultation with Attorney). 
     
    The City Council will convene in Executive Session pursuant to Section 551.071 of the Texas Government Code, Legal Consultation, to seek advice from special legal counsel on the following:

    A. To receive advice concerning the Palmer Action Group; ETAL vs. City of Red Oak, County Ellis Cause No. 69600; and the Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.

    The City Council will convene in Executive Session pursuant to 551.072 of the Texas Government Code, Land Acquisition, on the following:

    B. To deliberate about the option agreement between the City of Red Oak and Clyde A. Pratt & Barbara Pratt Sutton.
    Mayor Hugley convened the Council into Executive Session at 7:55 p.m. and reconvened into Open Session at 9:33 p.m.

    VIII.   OPEN SESSION
    P. Consideration of approving any action as a result of discussion in Executive Session A.

    No action taken.
    IX. DEPARTMENT REPORTS

    No reports were given.

    X. ADJOURNMENT

    Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to adjourn the meeting at 9:40 p.m.  The motion was unanimous.
    _________________________________

    Alan Hugley, Mayor 

    Attested: ________________________

                Scott Albert, City Manager/City Secretary

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