Video- City Council Member Requested Calling Off Enforcement About Non-Compliance Complaints (Glen Rose)Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas
Video- City Council Member Requested Calling Off Enforcement About Non-Compliance Complaints (Glen Rose)
22 September 2009 at 7:55:02 PM
salon
Kind of a jaw-dropping exchange at the city council last night (full audio here). The discussion was about dumpsters and businesses not being in compliance with the existing code. Apparently, citations are only issued when someone complains. And, there were three citations that were issued, but then the cititations were pulled. As Darryl said "Hey, we tried. .. We wrote citations and we were told to pull them."
Video slightly edited to stick to subject-the full exchange can be heard on the audio, including whether the city knows about dumpsters when someone puts them in, when the ordinance was passed, etc. The point I'm making from this is that Chris Bryant apparently decided, without meeting with city council to take a vote on it or discuss it, to tell Ronald Bruce to void the existing citations. When he was called on it at last night's meeting, he apparently didn't realize why he was in the wrong and that he acted unilaterally. Bryant wanted the citations pulled back because city council was GOING TO change the ordinance. Darryl said "Well, it sent a strange signal to us". Stricklin said he didn't remember voting on that. Bryant said we're in the middle of an ordinance change to which Stricklin replied "But we have an ordinance on the books!.... did you tell them to pull the tickets then?"... Bryant- I requested it through Ronald. Stricklin-"Well, I think that's a council decision". ...
Bryant said not everything is put on the agenda. (What is not put on the agenda? Are there other actions that are taken outside of code that city council members do that are not before the public or decisions are made unilaterally?) Mitchell spoke up in defense of Bryant that "there is an ordinance in place that has not been enforced". Stricklin'-'That's fine. If you want to put in a complaint about it, put in a complaint. But don't have him go out there and do it and tell him to pull it back because you're going to change it." ... Bryant "Then I suggest the rest of the council members get involved in this.." Terry-"You made a unilateral decision from council". Bryant "No I did not. I made a request through Ronald". Stricklin-"Right, you made a request pulling the request to stop him". Bryant "To stop it, tha'ts correct". Stricklin-"I think that's something you should not have done, once you have put it in motion, let it go".
Here's a snippet from how the city council minutes put it.
8.Action on Zoning Ordinance: Mr. Bryant voiced concerns about the section covering screening requirements for commercial garbage containers (dumpsters). Mr. Stricklin suggested that removing the word “metal” from the document should suffice. After a lengthy discussion of the various materials that can be used and how they should be used, Darrell Webb explained that the Inspections Department acts as complaints are received. Three complaints about dumpsters were received within a few days of each other, and three warning citations were issued. However, Mr. Bryant asked Mr. Bruce to withdraw the warnings because changes were going to be made to the ordinance. Mr. Stricklin and Dr. Terry took offense at this action, saying that Mr. Bryant had unilaterally made a decision that should have been made by the Council. Mr. Bryant expressed his feeling that the other Council members should become more actively involved in correcting this and other nuisances. Mr. Stricklin said all such problems should be addressed through the Council and placed on the agenda for discussion. Mr. Bryant said not all things get on the agenda, and Dr. Terry asked, “Why not?”
I think the city council, especially the person running the meeting, all need to get educated on proper parliamentary procedure so there is not this confusion moving forward. You don't have confusion at the county commissioner meetings, the school board meetings, or any other meetings I attend...just the city council has this consistent problem.
Really 2 issues. One is that the whole resolution deal was muddy. In my opinion, you should have had a clear statement of exactly what your resolution was, word for word, as you wanted it, read by you into the record, so that it was there was no confusion about what was being voted on. It was your resolution, it should have been just as you wanted it because you introduced it, and up to others to vote against.
On the second, I agree with Dr Terry and Mr. Stricklin. The issue there is that there is (and was) existing code which was being enforced. Whether it was being enforced well, or whether changes needed to be made to the code is a secondary issue. When code enforcement people issue a ticket, it is not appropriate for an elected city council member to override that decisions, unilaterally, and without conferring with other council members in an open meeting before the public. Otherwise, an elected official runs the risk of people wondering if favors are being done for one person versus another. Also, what kind of example does it set for the public when the decisions of the code enforcement department are being overridden and when a city official can choose not to obey and respect existing code? Again, it isn't that code can't be changed, and perhaps it should be. (Although I am with Rick Villa who said it may be more a matter of enforcing existing code). But until it is, and that will include a hearing before the public, I believe it is the job of the elected to respect and obey the laws, bring matters before the council for discussion *before* acting on it solo mano.
