Minutes - 02/19/2013
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19 DAY OF FEBRUARY 2013, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 PM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Mac Woodward, Lydia Montgomery, Don H. Johnson, Keith D. Olson, Joe Emmett, Tish Humphrey, Ronald Allen, Clyde Loll
COUNCILMEMBERS ABSENT: James Fitch
OFFICERS PRESENT: Matt Benoit, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary____________________________
REGULAR SESSION [6:00PM]
1. CALL TO ORDER - In the presence of a quorum, Mayor Woodward called the meeting to order at 6:00 PM.
2. INVOCATION AND PLEDGES - Councilmember Loll gave the invocation and Brelee Nichols of the San Jacinto Girl Scouts led the
pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- Peace Corps Week
4. PUBLIC COMMENT
There were no public comments.
5. CONSENT AGENDA
(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 Regular Session held on February 5, 2013. [Lee Woodward, City Secretary]
b. Ratify the agreement with Buxton for a retail recruitment and retention solution, previously considered and acted upon
by Council on November 27, 2012. [Matt Benoit, City Manager]
c. Authorize the City Manager to apply for a 2014 JAG Grant from the H-GAC/Texas Criminal Justice Division and adopt
Resolution 2013-03 in support of same. [Dr. Sherry McKibben, Community Development Specialist]
Councilmember Humphrey moved to approve the Consent Agenda and was seconded by Councilmember Montgomery. The
Mayor noted the Council had received slight corrections to the minutes. Councilmember Allen asked to pull item b. The motion
carried unanimously, 8-0.
Councilmember Johnson moved to approve the item and was seconded by Councilmember Olson. Councilmember Allen asked
how the item was being brought before the Council again and Matt Benoit, City Manager, said the prohibition in the Rules of
Procedure required five days for a vote after a first presentation in a workshop of a topic. He noted the violation unintentional
and that the contract signed was valid. City Attorney Leonard Schneider agreed, saying the Council was responsible for itself.
He added that Buxton was owed for any work completed thus far. Councilmember Allen asked how much had been completed
and Mr. Benoit told him it appeared to be about a third of the work. Councilmember Allen said he still opposed the contract and
that retail was coming to the area on its own.
Councilmember Johnson said he remembered there had been discussion and his understanding was that the survey would
provide additional analysis beyond retail. Councilmember Allen said he found only retail discussed in the material in the Council
packet and that he would like to be shown where it was stated that Buxton would work on areas other than retail. The Mayor
said Aron Kulhavy, Director of Community and Economic Development, would be asked to set up a meeting with
Councilmember Allen. Councilmember Allen asked that the City Manager and the Buxton representative also be present.
The motion carried, 7-1, Councilmember Allen voting against.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to consider the abandonment of the remaining portion of a 20' sanitary
sewer easement as filed in Volume 210, page 464, Walker County Public Records. [Aron Kulhavy, Director of
Community and Economic Development]
Councilmember Montgomery made a motion to approve the abandonment and was seconded by Councilmember Emmett. The
Mayor confirmed with Mr. Kulhavy that there was no sewer line in the easement. The motion passed unanimously, 8-0.
b. Presentation, discussion, and possible action to approve Ordinance 2013-15, amending the budget for FY 12-13. [Steve
Ritter, Interim Finance Director]
Councilmember Olson made a motion to approve the ordinance and was seconded by Councilmember Humphrey. The motion
passed unanimously, 8-0.
7. MAYOR/CITY COUNCIL/CITY MANAGER/CITY ATTORNEY REPORT
a.
Presentation, discussion, and possible action to approve nominations to a Charter Review Committee. [Mayor Woodward]
The Mayor nominated Charles Smither, Jr., John Escobedo, Rhonda Reddoch, Maria McIver, James “Mickey” Anderson, Vanetta Mills,
Bill Daugette, and Mike Yawn to the Charter Review Committee.
The Mayor noted all the individuals had expressed interest in serving and added that he would neither designate a chairperson nor
appoint a member of Council to the committee. The motion passed unanimously, 8-0.
Councilmember Humphrey asked about the process and was told by the Mayor that he had asked the City Attorney to attend the first
meeting of the group to provide initial information. He added that the group would make its own decision about public input during their
process and would possibly make recommendations to Council. The Council would then consider any recommendations from the
committee, could present suggestions of their own, could decide to have additional public forums, and would then vote on proposals to
be placed on the November 2013 ballot.
b.
Presentation, discussion, and possible action to approve nomination of Leta Reiner to the City of Huntsville, Texas Veterans
Affairs Advisory Board. [Mayor Woodward]
The Mayor’s nomination passed unanimously, 8-0.
c. City Manager’s Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
City Manager Matt Benoit said the City’s Beautification Committee would be holding their annual golf tournament at Raven
Nest on February 21 and that more information was available from Penny Joiner at 936-291-5708. Mr. Benoit
congratulated Claire Willson and Stacy Smith of the police department had recently completed an event in San Antonio
running a mile and then 952 steps in the Tower of Americas Building. He also gave praise to Kim McAuliffe, Main Street
Coordinator, as the program had received national recognition for the third year in a row.
8. PUBLIC COMMENT
There were no public comments.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
Brandon Scott of The Huntsville Item spoke about Consent item b, saying he recalled there was dissent in the vote in November and
respectfully asked Councilmembers who voted in support of the item about the need for “haste.” Councilmember Johnson noted the
Council was tonight acting in good faith when the error was found but felt the initial vote was not taken in a rush but felt the vote was
timely when it was taken. The Mayor agreed and Councilmember Humphrey noted the review of the Rules of Procedure was an
annual process and not in relation to the Buxton vote. Councilmember Olson added that the Council’s Rules could have changes
voted on at any time and that Council was not the sponsor of the item. The Mayor noted the project was budgeted and that the
Council knew the item would be coming before them. Councilmember Allen said he felt the item was rushed and that the good thing
was the rule was in place.
Mr. Scott asked for the names of the members approved for the Charter Review Committee. They were Charles Smither, Jr., John
Escobedo, Rhonda Reddoch, Maria McIver, James “Mickey” Anderson, Vanetta Mills, Bill Daugette, and Mike Yawn.
10. ITEMS OF COMMUNITY INTEREST
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The Mayor noted today was Poncho Roberts’ 81 birthday! He noted the Trash Bash would be held Saturday, March 2, and also
listed the public events for Sam Houston’s birthday and Texas Independence Day. The Mayor announced E-waste Day on April 6
and that Texas Week was coming up. He finished with information on two historic markers to be placed at Rogersville and the First
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Missionary Baptist Church at 1 pm on 10 Street at Avenue P. Councilmember Humphrey reminded all of All Paws In at SHSU on
March 2. Kendall Scudder noted it would also include the SHSU campus in The Woodlands this year. Linda Pease, Wynne Home
Coordinator, noted the beginning of Festival Inspiracion on March 4 at the Wynne Home and continuing for two weeks with events
around town and on campus.
11. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 - to
receive legal update on obtaining easements for water line project on Highway 190. [Leonard Schneider, City Attorney]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 –
to receive legal advice on the settlement between Arbors and WCAD of the contest of taxes by AHF Arbors at
Huntsville I LLC v. Walker County Appraisal Dist. [Mayor Woodward]
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 –
to receive legal advice on possible claims and pending claims, including but not limited to SOAH filing by Richards,
and advice on current employee policy and procedures. [Leonard Schneider, City Attorney]
Mayor Woodward adjourned the Council into Executive Session at 6:42 p.m.
12. RECONVENE
a. Take action, if necessary, on items addressed during Executive Session.
b. Approve Ordinance 2013-16, amending the budget for FY 12-13.
Mayor Woodward reconvened the meeting at 7:38 p.m. Councilmember Olson made a motion to approve the amount of
$434,707.78 to reimburse taxes paid by The Arbors, pursuant to the settlement agreement with the Walker County Appraisal
District, and was seconded by Councilmember Humphrey. The motion passed unanimously, 8-0.
Councilmember Olson made a motion to approve Ordinance 2013-16 and was seconded by Councilmember Loll. The motion
passed unanimously, 8-0.
13. ADJOURNMENT
The Mayor adjourned the meeting at 7:39 pm.
Respectfully submitted,
Lee Woodward, City Secretary