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Min CC 08/12/2003 .t 5A REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN August 12,2003 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:28 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman O'Brien gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit of three minutes each) Nathan Gray spoke on item 11 C. 6. Consent Agenda-Consent Items (All items listed below are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests,in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of July 22,2003 City Council Budget Workshop B.Approval of July 22,2003 City Council Public Hearing Minutes. C.Approval of July 22,2003 Regular City Council Minutes. D.Approval of July Check Register E.Approval of Resignation of Chris Martinez,Police Department. F.Approval of Appointment of Michael O'Brien,Police Department. Councilman O'Brien made the motion to approve the consent agenda items. Seconded by Councilman Campbell. For: All,Against: None. 7. Executive Session A. Pursuant to section 551.071 (1)(A)and 2,Consultation with Attorney, on discussion regarding the six(6)recent verdicts of guilt by a municipal court jury of J.C.Provost;The State of Texas v J.C. Provost, Case No. 02-35692,In the Municipal Court,City of Cibolo,Guadalupe County,Texas;The State of Texas v.J.C.Provost,Case No. 02-35693,In the Municipal Court,City of Cibolo, Guadalupe County,Texas;The State of Texas v.J.C.Provost,Case No. 02-35709,In,the Municipal Court,City of Cibolo,Guadalupe County,Texas;The State of Texas v. J.C.Provost,Case No. 02- 35710,In the Municipal Court,City of Cibolo,Guadalupe County,Texas;The State of Texas v.J.C. Provost, Case No. 02-35724,In the Municipal Court,City of Cibolo,Guadalupe County,Texas; The State of Texas v.J.C.Provost,case No. 02-35725,In the Municipal Court,City of Cibolo, Guadalupe County,Texas; including possible compliance enforcement and discussion regarding HUD Case No. 06-03-0208-8. B. Pursuant to section 551.074,Personnel Matters of Texas Government,the City Council will discuss the appeal taken by Officer Reynaldo Salazar dealing with the police chief affirmation on July 18,2003 of the personnel action taken against him by the Cibolo Police Department on July 07, 2003. `f C. Pursuant to section 551.-074,Personnel Matters of Texas Government,The City Council will discuss harassment complaints against Keith Gilbreath,Chief Building Inspector,filed by complainants on August 7,2003,alleging violations of city's harassment policy. Council went into executive session at 7:33 P.M. 8. ,Reconvene in Open Session Council reconvened at 11:20 P.M. A. Reconvene in open session for Discussion/Action on executive session concerning Provost matter. Councilman O'Brien made the motion to direct city staff to write a letter to Mr.Provost giving him ten days to comply with the ordinance,with a contract for demolition on deck,or we may proceed with legal action. Also have attorney look into further legal action and the cost. Seconded by Councilman Sutton. For: All,Against: None. B. Reconvene in open session for Discussion/Action on appeal by Officer Reynaldo Salazar. Councilman O'Brien made the motion to support the Police Department action to terminate Officer Reynaldo Salazar. Seconded by Councilman Sutton. For: All,Against:None. C. Reconvene in open session for Discussion/Action on harassment complaint against Keith Gilbreath. Councilman Williams stated that this is a serious problem and needs to be taken care of. Work is not and should not be a hostile environment. There was discussion concerning alternatives concerning this issue. Motion 1: Councilman O'Brien made the motion to suspend Keith Gilbreath for two weeks without pay,to go to sexual harassment training during this time,a letter to be placed in his personnel file stating this situation with a statement that nothing in the future would be tolerated,and to do letters of apology to the complaints. Seconded by Councilman Sutton. For: Councilman O'Brien. Against: Councilman Campbell,Williams, Sutton and Councilwoman Gray. Councilman Williams stated that he wanted it known that he wanted the employee to be terminated. Motion 2: Councilman Sutton made the motion to suspend the employee for 21 days without pay to go to sexual harassment training during this time, a letter to.be placed in his personnel file stating this situation with a statement that nothing in the future would be tolerated,and to do letters of apology to the complaints. Seconded by Councilman Campbell. Councilman Williams again.stated his concerns for this. There was discussion between Council again concerning different points in the suspension. For: Councilman Sutton. Against: Councilman Williams,Campbell,O'Brien and Councilwoman Gray. Councilman Williams stated that there needs to be a very clear message that this will not be tolerated. Motion 3: Councilman Williams made the motion to suspend Keith Gilbreath for 30 calendar days without pay,to go to sexual harassment training during this time, a letter to be placed in his personnel file stating this situation with a statement that nothing in the future will be tolerated,and to do letters of apology_ to the complaints. Seconded by Councilman Sutton. After discussion Councilman Sutton withdrew his seconded. Councilman Williams then withdrew his motion. There was further discussion concerning the alternatives. Motion 4: Councilman Campbell made the motion to terminate Keith Gilbreath. Seconded by Councilman Williams. For: All,Against: None. 9.Resolution Approval/Disapproval of a Resolution authorizing the application to the Criminal Justice Division, Office of the Governor of the State of Texas,for grant funding to.the Alamo Area Narcotic Task Force project to be used to pay the operating expenses of this project and to support the cost of providing additional personnel,equipment,facilities,personnel training and supplies for more widespread apprehension of persons who violate Federal, State and/or local laws relating to the production,transportation and criminal narcotic activities in the jurisdiction of the Alamo Area Narcotics Task Force project. Mark'Riffe stated that this is a requirement that is completed every two years. Councilman O'Brien made the motion to approve the ordinance. Seconded by Councilman Campbell. For: All,Against: None. 10. Discussion/Action(General) A. Discussion/Action on Approval/Disapproval of certifying statement,which states compliance with Chapter 395,Local Government Code. Councilman Campbell made the motion to approve the certifying statement,which states compliance with Chapter 395 of the Local Government Code. Seconded by Councilwoman Gray. For: All, Against: None. B. Approval/Disapproval of authorizing the Mayor to sign a Multi-Agency Narcotics Trafficking Task Force Interagency Agreement. Councilwoman Gray made the motion to approve the authorization by the Mayor to sign a Multi- Agency Narcotics Trafficking Task Force Interagency Agreement. Seconded by Councilman O'Brien. For: All,Against: None. 11. Discussion/Action(Builder/Development) A. Approval/Disapproval for a variance request by Armadillo Homes for a variance for 30' flag pole to be installed at the entry of Lantana on Lot 1,Block 1. Councilman O'Brien stated that this was approved for other builders. Councilman Sutton made the motion to approve the variance request from Armadillo Homes for a 30' flag pole. Seconded by Councilman Campbell. For: All,Against: None. B. Approval/Disapproval to release the performance bond for Willowbridge II,Unit 1. ($1959265.00) Engineer stated that all the building has been completed. Councilman O'Brien made the motion to approve the release of the performance bond for Willowbridge H,Unit 1, with contingent that Rudy Klein has signed and approved. Seconded by Councilman Campbell. For: All,Against: None. C. Approval/Disapproval of Re-Zoning request by Mr.Lewis C.Borgfeld from R-1 to R-2B for land being of 105.221 acres of land out of the of the Mathias Lindenburg Survey,Abstract No. 215,Guadalupe County,Texas,and the Trinidad Garcia Survey No. 94,Abstract No. 137, Guadalupe County,Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis'C.Borgfeld,executed on May 31, 1968,and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. Planning and Zoning recommended to zone the entire area R-2B with leaving the 700 feet contiguous behind Towncreek as is,R-1. Commissioner Hernadez stated that Perry Blanton was in agreement with this. The citizens were also happy. Councilman Sutton made the motion to approve the R-2B zoning for the parcel with the exception of the 7 lots of Towncreek South,which would remain R-1. Seconded by Councilman Campbell. For: All,Against: None. 12. Comments A. City Staff— Northeast Partnership this week will be a presentation on a YMCA project. Also stated still having problems with CRWA. B. City Council Councilman Williams gave information on CRWA water line project. Also commented that the right decision was made on the personnel issue,even though it was a difficult one. Councilman Sutton stated that the council had to face a difficult decision,but they made the right one. Councilman O'Brien would like to see a sexual harassment document put together. C. Mayor—None. 13. Adjournment Councilman Campbell made the motion to adjourn at 12:16 P.M. Seconded by Councilman O'Brien. For: All,Against: None. PASSED AND APPROVED THIS 26TH DAY OF AUGUST 2003. Charles Ruppert Mayor ATTEST: vonnen4 � ity Secretary