MIN CC 08/18/2009CITY COUNCIL MEETING of August 18, 2009 BOOK "U"
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:
COUNCILMEMBERS PRESENT: J. Turner, Tom Cole, Charles Forbus, Melissa Mahaffey, Lanny Ray, Mac
Woodward, Jack Wagamon, Wayne Barrett and Dalene Zander
OFFICERS PRESENT: Bill Baine, City Manager; Kristin Edwards, Deputy City Secretary; City Attorney Leonard
Schneider
258
REGULAR SESSION" [6:OOpm]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:01 p.m.
2. PLEDGE OF ALLEGIANCE
U.S. Flag
Texas Flag: Honor the Texas Flag. 1 pledge allegiance to thee, Texas, one state under God, one and
indivisible.
INVOCATION
Councilmember Barrett led the invocation.
3. PUBLIC HEARING - To receive comments from all interested persons in the proposed annexation of
approximately 10.649 acres being all that certain tract or parcel of land lying and being situated in the
PLEASANT GRAY LEAGUE, Abstract No. 24 in Walker County, Texas and being part of the 40.77 acre
tract described in the deed from M&M Designs and Robert A. Myers, Jr. to BCS Development
'
Company as recorded in Volume 813, Page 683 of the Official Records of Walker County, Texas
(O.R.W.C.)
The public hearing was called at 6:05 p.m.
The Mayor called for comments, and when none were made, the Mayor adjourned the public hearing at 6:06
p. M.
4. PUBLIC COMMENTS
Six public comments were submitted.
Ann Holder addressed Items 6c and 6d - she specifically discussed the work of the Library Feasibility
Committee which led up to the current plans for the Huntsville Public Library.
Walter Berner, a representative from the Huntsville Baseball Boys Association, addressed Item 9d,
specifically to address City of Huntsville support of youth sports programs.
Butch Gibson, the president of the Huntsville Baseball Boys Association, also addressed Item 9d and said he
had not been invited to participate in budget - realted discussions with the City of Huntsville.
Anne Prouty discussed the Charter Review process, saying she felt the process in general was rushed, and
she also addressed Items 6c and 6d, speaking in favor of the bond election for the Library.
Rhonda Reddoch, a member of the Huntsville Girls Softball Association, addressed Item 9d and thanked the
Council for their consideration of the improvements. She also mentioned the placing of dressing rooms and
their distance from other facilities.
Jerry Edgin, the president of the Huntsville Girls Softball Association, also spoke to Council to thank them for
their consideration to the association and its participants.
S. 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.)
258
CITY COUNCIL MEETING of August 18, 2009 BOOK "U"
6.
a. Approve the minutes from the Uity Gouncil meetings ,
[Kristin Edwards, Deputy City Secretary]
Councilmember Woodward made a motion to approve the consent agenda and Councilmember Mahaffey
seconded the motion.
Councilmember Forbus proposed an amendment which City Attorney Leonard Schneider said would inclu le
the re- writing of a statement on the last page of the August 3 minutes. Mayor Pro Tern Ray seconded the
motion.
The amendment passed with a 9 -0 vote.
The base motion passed with a 9 -0 vote.
STATUTORY AGENDA
a. Presentation, discussion, and /or possible approval of Resolution #2009 -23, amendi I
Resolution # 2005 -15, Section 2 extending terms of the Huntsville Arts Commissi I
voting membership from two (2) year to three (3) year terms. [Matt Lumpkii s
Community Services Director]
City Attorney Schneider began discussion to address the first statement in Resolution 2009 -23 .
said the first statement should begin, "The City Council of the City of Huntsville desires to thong
by this resolution, the terms of Huntsville Arts Commission members."
Councilmember Forbus made a motion to accept the Resolution with the than es outlined bv Cit
Attorney Schneider. Councilmember Mahaffey seconded the motion.
Matt Lumpkins, Parks Superintendent, and Linda Pease, Cultural Services Director, addressed It
need for the change. They cited examples of as many as six out of nine commission members
whose terms ended simultaneously under the two -year term system. Three -year terms, they said
would increase the amount of sustained experience among commission members.
The motion passed with a 7 -2 vote with Councilmembers Cole and Wagamon voting against the
motion.
b. Presentation, discussion and possible action with respect to authorizing the C t,
Manager to enter into an Interlocal agreement with the Texas Parks and Wildl fi
Department for the extension of water and wastewater services to Huntsville State Pa k
[Glenn Isbell, Director of Public Works]
Councilmember Woodward made a motion to authorize the City Manager to enter into an Interloc 11
Agreement with the Texas Parks and Wildlife Department for the extension of water and
wastewater services to Huntsville State Park and Councilmember Mahaffey seconded the motio .
Councilmember Mahaffey asked about the financial responsibilities assumed by the City in the
presented contract and Director of Public Utilities Glenn Isbell said the contract would be
administered by the City, and that City Inspectors would also spend approximately four to five ho r
a month for a year and a half.
i
Councilmember Barrett asked about how the project would affect the City's timeliness on other I
projects and how the flow of water would affect water systems in Elkins Lake. Glenn Isbell said
there would not be a a negative effect in either respect. He said the water going through the Elki
Lake system to the park could increase water pressure.
Councilmember Forbus also asked about hiking and biking trails being included in the plans.
The base motion passed with a 9 -0 vote.
c. Presentation by Aguirre -Roden architectural firm representative, discussion and
possible action on the proposed improvements /rehabilitation of the Huntsville Put it
Library schematic plans and excavation. [Tom Wager, Projects Manager]
259
I
CITY COUNCIL MEETING of August 18, 2009 BOOK "U"
Scott Grubb, a representative of Aguirre -Roden architectural firm, gave a brief presentation on the
proposed improvements /rehabilitation of the Huntsville Public Library schematic plans.
The presentation is included as Exhibit "A."
Councilmember Woodward made a motion to approve the report. Councilmember Forbus
seconded the motion.
The motion Passed with a 9 -0 vote.
d. Presentation, discussion and possible action with respect to determining the dollar
amount for proposed improvements /rehabilitation of the Huntsville Public Library to be
used in the wording on a special bond election ballot to be called for November 3, 2009.
[Tom Weger, Projects Manager]
Tom Wager discussed the process by which Aguirre -Roden and City staff arrived at the estimated
cost for the renovation and expansion of the library - $3,928,074.00. Wager said the architectural
firm had worked well with the City to adapt to their needs and form compromises to lower costs.
City Manager Baine said the dollar amounts had been provided to the City at approximately 12 p.m.
that day.
Councilmember Woodward discussed the costs to be incurred with portions of the building being
' built as a shell, or an unfinished portion, which would be necessary to complete the expansions. He
proposed increasing the amount of the bond election to $3.5 million in order to cover the cost of
completing the building.
Mayor Turner said he was concerned about community support with an increase in the bond cost.
Councilmember Woodward made a motion to amend the amount of the bond election to $3.5
million. Mayor Pro Tem Ray seconded the motion.
Ray said that if the citizens were to decide on a bond election, they should consider a whole library
as opposed to a partially completed project.
Councilmember Wagamon said he agreed that putting the whole project out at once would be the
best idea.
Councilmember Forbus asked if $3.5 million would be enough to furnish the library, and Baine said
it would not be enough, but it would be closer.
The motion passed with a 8 -1 vote with Councilmember Cole voting against the motion.
The base motion was approved with a 9 -0 vote.
e. Presentation, discussion and/or possible action to place on the November 3, 2009
special election ballot the exchange of 1.45 acres of Eastham- Thomason Park property
(park land) from the City to Texas Department of Criminal Justice and 0.548 and 0.752
acre parcels to clarify boundary overlay. [Glenn Isbell, Director of Public Works]
' Councilmember Cole seconded the motion.
The motion passed with a 9 -0 vote.
EXECUTIVE SESSION [7:28 p.m.]
260
CITY COUNCIL MEETING of August 18, 2009 BOOK "U"
a. The Council convened into executive session at 7:28 p.m. as authorized by Texas Government Code ,
Chapter 551, Section 551.071 - consultation with City Attorney related to hiring Provost & Umphrey Law I
to represent the City in possible Entergy litigation.
b. The Council convened into closed session as authorized by Texas Government code, Chapter 551,
Section 551.071 - consultation with City Attorney on breach of Chamber contract and possible action(s)
resulting from breach.
8. RECONVENE
Council reconvened and addressed the two items referenced during the Executive Session.
City Attorney Leonard Schneider explained that several Texas cities were involved with legal work with
Entergy, Texas in order to gain recoverable costs. He said the action of hiring Provost and Umphrey was
gain any costs owed to Huntsville.
The motion passed with a 9 -0 vote.
Councilmember Woodward said he would not support the motion for several reasons. As a member of the
'
Chamber of Commerce with no financial interest, Woodward said he felt that the Chamber had supported I
e
City for many years and that there had not been discussion between the Chamber and the City concerning
the audit.
Mayor Turner said he did not believe the Chamber had requested discussion or contacted the City.
Councilmember Woodward said discussion should take place between the Chamber and the City before
legal action was taken
Mayor Turner said the results of the audit were presented publically, and that he had not heard any
from the Chamber though he thought that would have been a logical first step.
Mayor Pro Tern Ray addressed the reasons behind conducting the audit. He said the process had begun
approximately a year before the audit was conducted when the HOT Board had faced difficulty receiving
information. He said that there had not been an expression of apology or contrition made from the Chamt
and even that there was a cover -up in place involving Chamber employees.
Councilmember Wagamon said he was supportive of the motion but said the decision had not been made
lightly and that other Councilmembers should weigh in on the issue. Specifically, he said not turning over
checks and other information until the City Council put an Item on the agenda "concerning funding at the
point of a gun" was horrendous. He said he didn't want the public thinking the idea was based on one
Council member or another Council member's opinion.
Councilmember Forbus said the HOT money was tax funds, money that belonged to the public, and he sl
that if the money was not being spent correctly, then some kind of negotiation needed to be completed to
make things right. He said it was important to honor that money even if it required action by the City Attor
and City Manager.
Mayor Turner said the issue with the Chamber did not rest on individual people, but on fiduciary responsibi��ty ■
among organizations.
Councilmember Barrett said he felt the need to support the City Council in their decision because the fund4i IM
involved were citizen funds which the Council had been told, as points of fact, were mis -used. He said thatil
while he had many good friends in the Chamber, he did not feel like it was his privilege to ignore the facts
261
CITY COUNCIL MEETING of August 18, 2009
BOOK "U"
action would not be necessary. Councilmember Zender agreed with Councilmember Barrett.
Councilmember Mahaffey said it was important for organizations handling lax money to have a transparency
with taxpayers.
Councilmember Cole said he had faced a similar situation while serving on another tax board when a
forensic audit had revealed misappropriations of tax funds by a private recipient. He said legal plans to
recover misapplied funds were not successful at that time. He also said that while recovery is frequently not
easy, he felt the motion was proper.
The vote passed with an 8 -1 vote with Councilmember Woodward voting against the motion.
9. MAYORICITY COUNCIUCITY MANAGER
a. Presentation, discussion and possible action related to the appointment of Rhonda Reddoch to
the Parks and Recreation Advisory Board. [Mayor Turner]
Mayor Turner made a motion to nominate Rhonda Reddoch to the Parks and Recreation Advisory Board.
Councilmember Zander seconded the motion.
Councilmember Wagamon said serving on a board is inclusive, positive work and emphasized that the
board's focus should always be on children and local parks.
The motion passed with a 9 -0 vote.
' b. Presentation, discussion and/or possible action on budget matters previously considered in
workshops and /or meetings. [Mayor Pro Tom Ray]
Mayor Pro Tern Ray said he placed the Item on the agenda to have an open -ended discussion regarding any
budget concerns held by Council members.
Councilmember Wagamon made a motion to "un- fund" the Downtown Main Street department and Mayor
Pro Tern Ray seconded the motion.
Councilmember Woodward said he felt Main Street had done a lot for the downtown area and that it had
made tremendous improvements to the area. He said he thought the program should continue and even be
expanded.
Councilmember Mahaffey asked for the total amount of money budgeted for the Main Street program, and
City Manager Baine said $97,000 was the budgeted amount. City Manager Baine continued to say that the
need for additional funding had arisen due to the portion of the Huntsville Horizon Comprehensive Plan
calling for two additional police officers during the fiscal year.
After additional discussion, primarily related to the historical funding of the Main Street program, Mayor
Turner asked Councilmember Wagamon and Mayor Pro Tem Ray if they would be amenable to further
discussion on the issue at a later date, and both said yes.
Councilmember Mahaffey also asked about the total number of City employees, and Councilmember
Wagamon mentioned the possibility of reducing the number of full -time equivalents in the budget.
City Manager Baine said that, with the exception of essential services, everything else was negotiable and
that he would prepare a list of expenses that could be taken out of the budget.
Councilmember Wagamon said he wanted to look at retirement and benefit policies for new employees.
C. Presentation, discussion and /or possible action concerning a Citizen's Petition regarding a
Community Garden on City Property located at 224 Sam Houston Avenue. ( Councilmember
Jack Wagamon)
City Manager Baine discussed a request made by a local minister for a community garden. He said he
looked for prospective lots, came back and identified three to four lots to be sold at a price which was
262
CITY COUNCIL MEETING of August 18, 2009
BOOK "U"
building a sewer line as opposed to just buying the property would have been much more expensive.
Baine said neighbors around the area wanted the lot, that it would have to be sold at auction, and that the
buyer would need to know no sewer service available.
Councilmember Wagamon said one citizen who was against the garden's creation, Mrs. Barbara Martin, w is
present and would address Council.
Mrs. Martin said she and her husband had submitted a bid letter to the City to purchase the property, sayi
they were willing to pay whatever had to be paid for the property. She said she and her husband had been
misled by a previous City Manager concerning the procedure to follow to purchase the land.
City Manager Baine said no land would be sold or donated without going to auction.
Mrs. Martin said she had brought up the issue at a community meeting organized by Councilmember
Wagamon.
Councilmember Mahaffey mentioned the legal processes involved in selling /donating property.
City Attorney Schneider said it was unfortunate Mrs. Martin was misinformed, but that a city official cannot
bind Council. He said he would make sure proper procedure was followed in the future.
Councilmember Wagamon clarified that the garden would not be placed on the lot.
d. Discussion and possible action regarding capital improvements to girls' softball field at
Kate Barr Ross Park. (J. Wagamon)
Councilmember Wagamon addressed improvements to the girls' softball field which had been added to the
budget for fiscal year 2009 -10. He encouraged any organization to come to Council members in order to '
discuss specific needs.
e. Discussion and possible action regarding recent fatal accident on State Highway 19.
[Councilmember Forbus]
Councilmember Forbus addressed State Highway 19 to call attention to the number of fatalities which had
occurred there since 2007 - including, most recently, a three - year -old child. He said that the Texas
Department of Transportation had been unresponsive when it came to offering assistance, and that
according to his information, it would take approximately $50 million to re -work the highway.
Councilmember Forbus said he would like to have the Council write a letter to the head of TxDOT, to the
Governor, to State Representatives and Legislators, and to hand - deliver those letters to Austin to let them
know that the highway is a problem.
Councilmember Woodward suggested getting Sam Houston State University and the Texas Department c
Criminal Justice involved once a letter was drafted, and Councilmember Mahaffey said she thought Wake
County should also be included.
Mayor Turner said he would draft a letter with the assistance of City Attorney Schneider to be presented a
the Sept. 1 Council meeting.
Presentation, discussion and possible action designating the City Manager as signatory
authority for grants or endowments with no match funds for the following requests:
1. State Highway 19 "TIGER" grant to correct lack of TxDOT funding
2. Submit endowment and grant request for a new public library
3. Accept work from the U.S. Army Reserve and U.S. Air Force Reserve to improve drain
structures at Watson lake, Robinson Creek, and Town Creek as well as selected
cleaning
4. Hazard mitigation with no cash match
City Manager Baine discussed four possible grants for the City including a grant for State Highway 19
improvements, library expansions, lot cleaning for demolished buildings, and a hazard mitigation grant
primarily for a new Boys and Girls Club building to double as a community stone shelter. '
Councilmember Woodward made a motion to approve the application for the aforementioned arants with in
cash match. Councilmember Forbus seconded the motion.
City Manager Baine clarified that he only wanted permission to apply for the grants, not signatory authority
263
CITY COUNCIL MEETING of August 18, 2009 BOOK "U"
g. City Managers' report:
1. Speed control devices on Smith Hill Road
2. Street sweeper equipment issues
3. Curbside recycling
4. Automated recycling centers
City Manager Baine introduced City Engineer Glenn Isbell to discuss speed control devices on Smith Hill
Road. Isbell said traffic counters were placed at three locations, and the average daily traffic count was an
average of 640 vehicles per day, both directions. He said one of the major safety issues noted in the study
was poor sight distance. He said the problems could be resolved with slop intersections, meaning the
installation of stop signs. Isbell recommended the Council to install stop signs under 90 -day provision and to
bring an ordinance back for permanent installation.
City Manager Baine said the streets being discussed were very dangerous, and any swerving could result in
a serious accident.
City Manager Baine also discussed street sweepers owned by the City, saying one purchased in 2002 was
broken as much as it was functional. He said money for a new street sweeper was in the budget, and that it
was his intention to have the sweeper before the fall season.
City Manager Baine said the City did intend to proceed with the Curbside recycling program and that the
program would be presented at the next council meeting. City Manager Baine said he was still working with
the dollar figures involved. Automated recycling, which City Manager Baine would cost over $40,000, was
also in the planning process and would be presented with Curbside recycling. 1.
h. City Attorneys' report:
1. Reduction of water and sewer rates by two dollars each
' City Attorney Schneider cited Charter requirements to investigate the reduction of the base monthly water
and sewer rates for single - family residential units by $2 and to present any concerns. After review, he said
had no concerns and the ordinance could be signed.
10. PUBLIC COMMENTS (open)
Two public comments were submitted.
Butch Gibson, Huntsville Boys' Baseball Association, said he wanted to see everyone thrive and thanked the
Council for their clarification. He said he would like to be involved in any future work between the Council anc
HBBA.
Walter Berner thanked Council for increasing the budget in order to help girls' softball. He said
appreciated what Council had done to help the organization
11. EXECUTIVE SESSION
Mayor Turner said the regular City Council meeting would be suspended to continue the Charter Review
process begun earlier in the evening before reconvening for the Executive Session.
Mayor Pro Tem Ray moved to table Item 1 la, and Councilmember Zander seconded the motion
The motion passed with a 9-0 vole
The meeting was adjourned at 9:01 p.m.
12. ADJOURNMENT [9:01 p.m.]
With no additional action, Mayor Turner adjourned the regular meeting.
IKristin Edwards, Deputy City Secretary
264