Council defines vicious dogs, gets COVID and racism updates

During its regular Mar. 17, 2020 meeting, the Forney City Council met to reconsider Christmas lighting project, restore Auto Repair use, define vicious dogs and remedies, get a COVID update and to hear expanded racism update (watch official video)

  • Approved as one consent item:
    • a Resolution authorizing the City Manager to execute a contract with the Kaufman County Election Administrator for the May 2, 2020, General Election and Special Election.
    • opposing Proposition 3 approved at the March 3, 2020 statewide election advocating for the ending of taxpayer-funded lobbying.
    • a preliminary plat for Lots 1 - 4, Block A, Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M 741.
    • a final plat for the Goodyear Addition, located at the southwest corner of S. Gateway Boulevard and U.S. Highway 80.
    • a final plat for the Trinity Capital Bank Addition, located northeast of the intersection of F.M. 741 and Interstate Highway 20.
    • a final plat of Fox Daycare Addition, located northeast of the intersection of South F.M. 548 and F.M 741.
    • a final plat of the Broad Street East Addition II, located southeast of the intersection of East U.S. Highway 80 and F.M. 548.
    • a revised site plan for McDonald’s, located east of the F.M. 1641 and F.M. 548 intersection.
    • a Resolution awarding a contract to Precision Management & Construction for the construction services for the Trailhouse Roadway Completion Project, Phase Two, and all related issues.
    • the project acceptance from the construction of the Elevated Water Storage Tank Project.
    • the project acceptance from the construction of the West Broad Street Sanitary Sewer Project.
    • advertising a Request for Proposals (RFP) for Electrical Services at Community Park and City Wide basic Electrical work.
    • advertising for bids for the demolition of the Booker T Washington Building.
    • a Resolution approving a contract with WRA Architects, Inc. for Architectural / Engineering Services.

  • Withdrew / took no action on a request for street closures for the April 4, 2020, Festival on Main event.
        Mr. Thomas pointed out the event had been canceled, prompting the withdrawal.
  • Held Public Hearings -
    • Approved an Ordinance for a conditional use permit for auto repair (minor) at 401 East Highway 80.
          PM said this is the AutoMax property.   In prior years, did repair.   In January, new tenant didn't get a CO so the CUP expired.   This will allow this use to continue legally.   No responses to public notices.
          There was no public input.

  • Vision 2025 -- Goals and Initiatives - no update.
  • Approved an Ordinance amending Chapter 2, Article 2.01, “General Provisions,” and Article 2.06 “Dangerous Dogs” of the City of Forney Code of Ordinances regarding the fence requisite to confine an animal and dangerous dog regulations.
        Mr. Thatcher said this ordinance fixes a few thing.   He introduced Ms. Jenni Smith, who has been working with the city for a couple years in municpal court, is now part-time staff attorney.   Ms. Smith said this was to define enclosures for dogs, and dogs that bite multiple times.   This would not allow electronic fences, and defines dangerous and vicious dogs.   Mayor Penn asked what the difference is - vicious if causes injury more than twice in a year, can be removed from city or euthanized.   Mr. Myers stated this does not address breeds of dogs - Ms. Smith said yes, and ordinance states that can't define by breed.   Mr. Moon asked about invisible fencing - that is underground barrier or electronic collar devices, which might keep the dog in, but won't prevent people from entering the area.
  • Aproved a Resolution taking action on RFP 20-001 Holiday Light Displays, authorizing the execution of an Interlocal Agreement between the City of Forney and the City of Grand Prairie and authorizing the engagement of services for additional custom holiday light displays.
        Mr. Carson stated the festival of lights in park, they produced an RFP/Q for the budgeted amount.   Received 8 proposals.   During that time, director at GP called, they have a large display that rotates through versions every 5 years; they can provide a display and help on setting it up.   This would allow city to get more lights, this would allow 50% ticket split.   The entire team believes this is a much better deal.   Will still need to purchase trains.
        Mr. Thomas said Mr. Carson worked hard on this, it's a very good deal, GP originally had a much higher price.   He thanks Mr. Carson & staff for working on this.   Mr. Thatcher said this authorizes staff to execute, but also rejects the other bids, but allows for one-off custom pieces from Mosca Design.   Mayor Penn said this is a great way to start.   Mr. Carson said Mr. Cardwell did a great job on this.
  • Public Comment
    • Mr. John Daniels said he was representing all citizens of Forney, standing against open racists and corruption in city hall.   He said a prime example is: no one can speak without filling out a form, but Mayor Penn had two of her friends speak who did not fill out the form.   Referring to a previous meeting speaker, he stated Mayor Penn brought "this little girl who looked like she was black, but she was raised to be white.   Her mother's white, her dad is black and abandoned them when she was a baby.   Now this little girl that came up here to stand for the mayor because she feels like she was obligated to the mayor.   When she was going to school out here in Forney, she got her behind whooped every day by little black girls because she thought she was more than them, and she thought she was white - that's why they were kicking her butt." Mr. Thomas asked city attorney Thatcher if they had to listen to this.   Mr. Daniels said he had 3 minutes to say what he wants to say.   Mayor Penn asked Police Chief Lunt to stop this, it was a threat.   Mr. Thomas said (Mr. Daniels) can attack them (council) all he wants, but not a member of the audience.   Chief Lunt stood next to Mr. Daniels and said something to him.   Mr. Daniels asked what he could say - he was just telling the truth.   He asked if the Mayor had tried to get some kind of bully(ing) law passed for her.   He then said a picture shows gallons of whisky bottles at Mayor's Christmas party, and this is what people were talking about at the dropping of the ball, that she "was wasted, full of drugs and alcohol, that you had to be lifted up to get up on the stage." He then said the community had death-trap roads, streets, storm drains, no curbs or sidewalks, and the mayor refuses to meet with a black man, which is racist, along with city manager Tony.   He has talked to council members in a professional way.   Mayor Penn called the 3 minute limit.
    • Ms Albertie said she was the little white/black girl Mr. Daniels referenced; she was not raised in Forney, but in Florida and Georgia.   Her dad is very much in her life, he loves her and her little sister.   She was raised to know both sides of her culture, privilege and disadvantage.   The best way to approach issues, cultural or general, is to come and address the council.

  • City Manager's report - Mr. Carson read the notice postponing the April 4 Festival and April 7 retirement celebration.
  • Council Comments - Mr. Thomas said a lot of things going on the world, people helping others, leaders trying to figure out how to fix it.   Trying times for business owners, some bars & restaurants won't survive this.   Dallas & FW have decided to close bars and restaurants.   Forney is in good hands, staff in constant contact with county, state and national officials.   They are taking this seriously, will try to update the public asap.   Mr. Myers thanked staff; he asked citizens to remember local businesses, support them as much as can - it's a weird time.   Ms. Powers thanked staff, recognized Daryll Malloy for Black Art showing at Spellman.   Wash your hands, check on senior citizens.   Mr. Moon thanked Ms. Powers for being a nurse.   Mayor Penn said the Black Art event was good, big thanks to Mr. Thomas for event benefiting Forney Food Pantry; Primrose Academy, Starbucks and others also helped.  
        She asked Chief Lunt for a COVID update: He said he is also emergency management coordinator, safety of citizens is utmost priority.   Texas has been monitoring COVID, with daily conference calls since end of Jan; the city is considering events and safety.   CDC has a large matrix to evaluate.   When a case is reported, it references the county of residence, not where the test was done.   There are No active cases in Kaufman County.   Hope all citizens will abide by recommendations.   Mr. Thomas asked about the matrix - what happens if get a confirmed case? Nothing is automatically triggered.   Mr. Carson said to mention where info is; Chief Lunt said police Facebook page; Mayor Penn said can ask questions on that page.   Mr. Myers asked when a case becomes presumptive - no long difference twixt presumptive or confirmed/positive, they both count as positive, no need to send to CDC for confirmation.   Mr. Myers verified there are no cases in Kaufman County or Forney - yes.   Mayor Penn said everyone needs to wash hands, stay home, businesses need to sanitize.
  • Held a 75-minute executive session (in council chambers) re:
    • Appointments to the Kaufman County Appraisal District Board
    • PUC Docket No. 46662; SOAH Docket No. 473-17-4964.WS - Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing the Decision by North Texas Municipal Water District Affecting Wholesale Water Rates.
    • PUC Docket No. 47814; SOAH Docket No. 46-18-1344.WS - Petition of High Point Water Supply Corporation, Talty Special Utility District and Markout Water Supply Corporation Appealing the Decision by the City of Forney Affecting Wholesale Water Rates.
    • Parkland Dedication
    • Project V
    • Project Calcite
    • Project Fireball

  • Reportedly approved a Chapter 380 agreement with Goodyear.   We are not aware of any clarifications about the agreement.
  • Adjourned at 2021.
Tuesday, 2020, March 17