Minutes - 01/05/2016
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 5 DAY OF JANUARY 2016, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Andy Brauninger, Lydia Montgomery, Don H. Johnson, Keith Olson, Tish Humphrey, Joe
Emmett, Ronald Allen, Joe P. Rodriquez
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
MAIN SESSION \[6:00 P.M.\]
1. CALL TO ORDER - Mayor Brauninger called the meeting to order at 6:00 p.m.
2. INVOCATION AND PLEDGES – Mayor Brauninger welcomed the Huntsville Buzzards and gave an invocation and Holly
Munson and Payola Lopez from HISD led the pledges.
3. ELECTION MATTERS
a. Administer the Oath of Office to the newly-elected Mayor.
Walker County Justice of the Peach Judge Janie Farris administered the Oath of Office to newly elected Mayor Andy
Brauninger.
b. Presentation, public comment, discussion, and possible action to elect a Mayor Pro Tem. \[Mayor Brauninger\]
Councilmember Allen nominated Joe Rodriquez. Councilmember Montgomery nominated Councilmember Olson. The
nomination of Councilmember Rodriquez was lost, 3-5, Councilmembers Olson, Emmett, Johnson, Humphrey, and
Montgomery voting against. The nomination of Councilmember Olson was adopted, 5-3, Mayor Brauninger and
Councilmembers Allen and Rodriquez voting against.
4. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda
authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from
the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.)
a. Approve the minutes of the City Council meeting held on December 15, 2015. \[Lee Woodward, City Secretary\]
b. Adopt Resolution 2016-19 ratifying the prior adoption of Resolutions 2016-08 through 2016-18, and authorizing
payment. \[Matt Benoit, City Manager\]
c. Authorize the City Manager to approve a purchase order for $250,000 for the disposal of solid waste at the Brazos
Valley Solid Waste Authority’s Twin Oaks Landfill. \[Carol Reed, Director of Public Works\]
d. Approve the purchase of one Travis Refuse Trailer. \[Carol Reed, Director of Public Works, and Mike Clouds, Fleet
Manager\]
Councilmember Johnson moved to approve the consent agenda; the motion was seconded by Councilmember Humphrey.
Mayor Brauninger asked to pull item b and Councilmember Allen pulled item c. The motion to approve items a and d was
adopted unanimously, 8-0.
Councilmember Humphrey moved to adopt Resolution 2016-19 ratifying the prior adoption of Resolutions 2016-08 through
2016-18, and authorizing payment, the motion was seconded by Councilmembers Johnson and Montgomery. The motion
to approve item b was adopted unanimously, 8-0.
Councilmember Humphrey moved to authorize the City Manager to approve a purchase order for $250,000 for the disposal
of solid waste at the Brazos Valley Solid Waste Authority’s Twin Oaks Landfill, the motion was seconded by
Councilmember Montgomery and Mayor Brauninger. The motion to approve item b was adopted unanimously, 8-0.
5. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to Consider authorizing the City Manager to order
an appraisal, title report, and survey for the possible sale of City-owned property located at 1930 A Sam Houston
Avenue, and to advertise for bids. \[Aron Kulhavy, Director of Community and Economic Development\]
Councilmember Montgomery moved to authorize the City Manager to order an appraisal, title report, and survey for the
possible sale of City-owned property located at 1930 A Sam Houston Avenue, and to advertise for bids; the motion was
seconded by Councilmember Humphrey. The motion was adopted unanimously, 8-0.
6. MAYOR/CITY COUNCIL/CITY MANAGER AND CITY ATTORNEY REPORT
a. Presentation, public comment, discussion, and possible action on nominations of the Mayor and Mayor Pro Tem
for the City Council 2016 representative and alternate, respectively, to the General Assembly and Board of
Directors of the Houston-Galveston Area Council (H-GAC). \[Mayor Brauninger\]
Mayor Brauninger moved nominations of the Mayor and Mayor Pro Tem for the City Council 2016 representative and
alternate, respectively, to the General Assembly and Board of Directors of the Houston-Galveston Area Council (H-GAC);
the motion was seconded by Councilmember Johnson. The motion was adopted unanimously, 8-0.
b. Presentation, public comment, discussion, and possible action on nominations of Councilmembers Don H.
Johnson, Joe Emmett, Joe P. Rodriquez, and Mayor Andy Brauninger to serve on the City Council Finance
Committee (the Mayor will select a member to serve as chair, per 8.02 of the City Council Rules of Procedure).
\[Mayor Brauninger\]
Mayor Brauninger moved the nominations of Councilmembers Don H. Johnson, Joe Emmett, Joe P. Rodriquez, and Mayor
Andy Brauninger to serve on the City Council Finance Committee. The motion was lost, 3-5, Councilmembers Olson,
Emmett, Johnson, Humphrey, and Montgomery voting against. Councilmember Humphrey moved nominations of Keith
Olson, Joe Emmett, Joe P. Rodriquez, and Don H. Johnson for the Finance Committee. Councilmember Allen moved to
postpone until the Council January 19 meeting, the motion was seconded by Mayor Brauninger. The motion to postpone
failed, 3-5, Councilmembers Olson, Emmett, Johnson, Humphrey, and Montgomery voting against. Councilmember
Humphrey’s main motion was adopted 5-3, Mayor Brauninger and Councilmembers Allen and Rodriquez voting against.
Mayor Brauninger called for a recess at the request of the City Attorney, to consult on Section 5.08 of the City Charter.
Upon returning, Mayor Brauninger stated the motion of nominations from a member of Council was not in order and that he
had no further nominations for this meeting.
c. Presentation, public comment, discussion, and possible action on nomination of Lydia Montgomery to serve on
the City Council Communication/Service Committee. \[Mayor Brauninger\]
Mayor Brauninger moved the nomination of Lydia Montgomery to serve on the City Council Communication/Service
Committee. The motion was adopted, 7-1, Councilmember Allen voting against.
d. Presentation, public comment, discussion, and possible action on the nomination of Councilmember Johnson as
the 2016 Chairperson for the Tax Increment Reinvestment Zone #1 Board of Directors. \[Mayor Brauninger\]
Mayor Brauninger moved the nomination of Councilmember Johnson as the 2016 Chairperson for the Tax Increment
Reinvestment Zone #1 Board of Directors. The motion was unanimously adopted, 8-0.
7. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be
taken.
a. Presentation, public comment, discussion, and possible action on Citizen Participation Request from Christie
Clark at 3702 Summer Lane to discuss “McDonald Creek – Progress discussion redirecting water flow.”
The City Secretary noted there was no action on Citizen Participation Requests and the words “possible action” on the
posting was in error. Christie Clark asked about possible work on McDonald Creek. Jerry Edgin also spoke in concern
over whose responsibility the creek was. Councilmember Joe Rodriquez noted he had walked the creek with the City
Manager, City Attorney, and other members of staff, and that the Council would be discussing the item later in the meeting.
8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries.
9. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no
action will be discussed or taken.)
Mayor Brauninger noted it is a new year and a good time to be sure you are subscribed to all the City information you need.
On the City’s home page, at HuntsvilleTX.gov, click on the blue button titled Stay Notified. You can get newsletters, meeting
agendas, and press releases sent directly to your email inbox, as soon as they are issued. Mayor Pro Tem Olson shared an
HISD Minute! on Mance Park students and teachers who prepared cancer care packages. Mayor Brauninger read a letter
from Jacksonville State University on the Mayors’ challenge for the JSU-SHSU game. Mayor Brauninger wished
Councilmember Montgomery a happy birthday for January 16.
10. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code Chapter 551, Section
551.071 legal advice on the following items:
(i) claims regarding McDonald Creek;
(ii) log cabin located at 1103 and 1105 University Avenue and Notice to Vacate.
The Mayor adjourned the Council into Executive Session at 6:56 p.m.
11. RECONVENE
Take action, if necessary, on items addressed during Executive Session.
The Council reconvened at 8:18 p.m. Councilmember Johnson moved to instruct the City Attorney to negotiate a fair settlement
on item 10a.(ii), the motion was seconded by Mayor Pro Tem Olson. The motion was adopted unanimously, 8-0. Mayor Pro
Tem Olson moved to allow a one-time sum of $5,000 be allocated for the City Attorney to investigate and perform due diligence
on the matter. The motion was seconded by Councilmember Rodriquez. The motion was adopted unanimously, 8-0.
12. ADJOURNMENT
Mayor Brauninger adjourned the meeting at 8:20 p.m.
Lee Woodward, City Secretary