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MIN CC 09/16/2008COUNCIL MEETING of SEPTEMBER 16, 2008 BOOK "U" MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF SEPTEMBER, 2008, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in a regular session with the following: EMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac Dalene Zander EMBERS ABSENT: Clarence Griffin PRESENT: Bill Baine, City Manager; Thomas Leeper, City Attorney; Stephanie Brim, City Secretary [Cancelled] TO ORDER [6:OOpm] Turner called the meeting to order. OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION amber Barrett led the invocation. ' PUBLIC COMMENTS (regarding agenda items only) Brian Woodward. Mr. Woodward encouraged the Council to table the item regarding the bond sale since the work session was not held prior to the regular meeting. CONSENT AGENDA a. Approve minutes of the City Council meetings of August 5, 12, and 14, 2008. Councilmember Forbus moved to approve the Consent Agenda: and Councilmember Barrett seconded the motion. The motion passed 8 -0. 'UTORYAGENDA Presentation, discussion and/or possible action on Ordinance 2008 -34, Consideration and action with respect to " An Ordinance Authorizing the Issuance of City of Huntsville, Texas, General Obligation Bonds, Series 2008; Providing for the Security for and Payment of Said Bonds; Prescribing the Form of Said Bonds; Awarding the Sale Thereof; Approving the Official Statement, Paying Agent/Registrar Agreement and a Purchase Contract; and Authorizing Other Matters Relating to the Bonds. Information was presented regarding the sale of the bonds forthe north east fire station by Winston Duke, Director of Finance, and the City's financial advisor, Boyd London, of First Southwest. No action was taken on this item. b. Presentation, discussion and/or possible action on Ordinance 2008 -35, adoption of the FY 2008-09 tax rate. The City adopted the FY 2008 -09 budget at the meeting on September 2, 2008. The tax rate supporting the budget in the General and Debt Service Funds is the effective rate of $0.4007. Councilmember Woodward moved to approve Ordinance 2008 -35, adopting the 2008 tax rate funding the FY 2008 -09 budget equivalent to $ 4007 per $100 valuation and Councilmember Ray seconded the motion The motion oassed 8 -0. C. Presentation, discussion and/orpossible action on Ordinance 2008 -36, amending the City of Huntsville Employee Policy and Procedure Manual. The City of Huntsville established in September 2005 the Employee Policies and Procedures Manual to serve as a ' clear policy statement, providing for the equitable treatment of employees as well as the terms, conditions and benefits of City employment. Proposed amendments to various Employee Policies and Procedures provide for the following: Advises employees of the changes to retiree health benefits; Changes to the health benefit plan will assist the City with future funding of retiree health benefits and compliance with GASS 45; Makes corrections to wording for legal compliance with federal law; Clarifies and simplifies interpretation of policy; and Adds a vacation buy back option to benefits. CITY COUNCIL MEETING of SEPTEMBER 16, 2008 BOOK "U" 148 Presentation, discussion and/orpossible action on awarding the bid for Phase III of the Old Colony Road sanitary sewer project. The project was approved for funding during the FY 2006 -07 budget process in the amount of $200,000 as a potential grant project (Phase III). The grant was applied for but not selected. Phase I and II were both grants and have been completed. Included in both completed grant projects were the house connections to public sewer. Since this project was not selected as a grant project, an alternative bid was included for the house connections in this project for City Council's consideration. The Engineer's cost estimate for this project was $205,203.36 which puts this single bidder 0.2% below the estimate. Further evaluation of the unit prices received on this bid compared to previous comparable project bids received are compatible given a 4% to 6% construction cost index increase per year. )R/CITY COUNCILMEMBER/ CITY MANAGER REPORT Presentation, discussion and/or possible action on Resolution 2008 -08, naming the City's Representatives to the I Houston - Galveston Area Council FY 2009General Assembly and Board of Directors. Councilmember Barrett moved to approve Resolution 2008-08 naming the City's Representatives Mayor) Turner ec RenreeeM.flve .nA r unnilmamhe. RA— lAi—A .... M _- Au....._.......N,- u_.._.__ n_i..__.__ "-__ n_..__o �.. Presentation, discussion and/or passible action on appointments to various City Boards and Commissions. No action was taken on this item to be presented at the next regular City Council meeting Presentation, discussion and/orpossible action on Channel 7 Contract with Sam Houston State University, with report of ad hoc committee meeting of July 24, 2008 with Channel 7. Councilmember Ray provided a report on the first meeting with SHSU Mass Communications Department representatives. SHSU Mass Communications Department Chair Glenda Bales addressed the City Council to explain some of the Council's concerns about airing City Council meetings and past performance. She stated there were some internal issues that were being addressed. No action was taken on this item Councilmember Ray and City Manager Bill Baine will provide an additional report ICI, at the next regular City Council meeting. Presentation, discussion and/or possible action on the claim submitted by Mr. Rayford Jenkins. City Manager Baine reported on his investigation of Mr. Jenkins' request; and City Attorney Thomas Leeper read a statement regarding the event, stating that the ultimate policy decision was up to the Council, but as a legal claim, it had no merit. No action was taken on this item. Presentation, discussion and/orpossible action to authorize the City Managerto enter into a contract at an amount notto exceed $75,000 for cleanup of the property at 2716 Parkwood Drive once sealed bids are opened. Approximately three years ago the City started receiving complaints about the property at 2716 Parkwood Drive, and issued orders to vacate. The process was escalated to condemnation. The owner filed bankruptcy which allowed protection from additional action by the City. The City then entered into legal proceedings and issued fines. The Citytook this before the Board of Adjustments and Appeals to ask for permission to clean the property and was granted approval. Invitations to bid were requested but then the property foreclosed and the original bid was pulled. The bank was to start , clean up but no action to date has been taken by the bank. There currently is a sealed bid issued by the City for debris removal at this property. The City will place a lien on the property for the cost of cleanup in accordance with State laws and City ordinances. CITY COUNCIL MEETING of SEPTEMBER 16, 2008 BOOK "U" 149 PUBLIC COMMENTS (Open.) Bill Baine. Mr. Baine reported on several issues, including: City efforts with operations and service delivery regarding preparation for and recovery following Hurricane Ike, and spending approximately $225,000 on generators and other supplies; FEMA reimbursement including personnel and equipment; thanked various City staff for their roles; praised the community support, including the Walker County Judge and Sheriff; discussed Town Creek and drainage issues and stated would be asking for $50,000 to work on this structure. Mark Moore. Mr. Moore thanked the City staff for their assistance in securing a generator for the Phelps Water Supply district. Charles Forbus. Mr. Forbus stated that the community should also be thanked for being open, especially restaurants, and for not gouging citizens. Nelson Thompson. Mr. Thompson was not in attendance, but left the following note [read by City Secretary Stephanie Brim]: "Thank you for your assistance during the evacuation. Thanks for allowing me to recharge my wheelchair at City Hall." Jim Carter. Dr. Carter addressed at length the tree cutting [butchering] in the Avenues by contractors for Entergy, where no trees were causing problems with electricity. [Mr. Baine addressed some of Dr. Carter's concerns.] Ray Martin. Mr. Martin spoke about apiece of property that could be forfeited if there's drug activity there; and that it would be a good time to revisit the Comprehensive Plan. Lanny Ray. Mr. Ray asked the Council to not respond to his comments, thanked the City staff for their work during the hurricane, and spoke about contractors for Entergy not being under contract by the City and their behavior during the tree cutting activities. Melissa Mahaffev. Mrs. Mahaffey commented that the Entergy tree contractors also butchered trees in her yard, and stated the City should look into future options so this type of activity does not happen again. MEDIA INQUIRIES None. ADJOURNMENT [8:27pm] Mayor Turner adjourned the meeting. VStmem, City Secretary