MIN CC 04/12/2010Minutes from City Council Meeting of April 2010 Book "V"
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 1P DAY OF APRIL 2010, IN THE CITY
• HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Tom Cole, Mac Woodward, Jack Wagamon, Dalene Zender, Melissa Templeton,
Charles Forbus, Lanny Ray, Wayne Barrett
COUNCILMEMBERS ABSENT: none
OFFICERS PRESENT: Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP SESSION [5:30PM]
Council will discuss the Geographic Information System, presented by Eric Pena.
The Mayor called the workshop to order at 5:45pm. Councilmember Templeton was absent for the workshop.
City Manager Bill Baine introduced Eric Pena, GIS Manager, who gave a brief overview of the Geographic Information
System. Mr. Pena explained the services provided, and demonstrated the features of the GIS system.
The workshop adjourned at 6:OOpm.
REGULAR SESSION` [6:OOPM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:02pm.
2. PLEDGES OF ALLEGIANCE
3. INVOCATION
• Councilmember Barrett gave the invocation.
4. PROCLAMATION
a. Child Abuse Prevention Month, April 2010.
b. Public Safety Telecommunications Week, April 11 -17, 2010.
c. Sexual Assault & Prevention Awareness Month, April 2010.
d. National Public Library Week, April 11 -17, 2010.
5. PUBLIC COMMENT
City Council member Jack Wagamon addressed the Council concerning pledges and the invocation. Wagamon said
his goal was not to take action to stop anyone from saying the pledges of allegiance or giving a prayer, but an
explanation on his part as to why he had not been participating in the pledge. He said he had received both direct and
indirect comments regarding his non - participation in the pledge, and upon realizing a comment was made about the
issue on Facebook, discussed the issue with a local business owner.
Following the conversation, Wagamon said, he understood that standing with his head down and his hands behind his
back during the recitation of the pledge could be considered unpatriotic or as a protest against the flag, but that his
actions certainly were not protest.
Wagamon said the reason he did not participate in the pledge was that the words "Under God" were added during the
Eisenhower administration, and he considered himself more of a separatist of church and state than others in the
community might be. He said he did not mean to debate the separation of church and state, but only to offer an
explanation of why he did not participate in the pledge.
Wagamon said, again, that he could understand the perspective of his friend, and called attention to the fact that he
had placed his hand over his heart during the pledge's recitation that night.
Wagamon also paraphrased Eisenhower's comments when the change to the pledge was made, saying his decision
for all who would recite the pledge to verbally pledge themselves to the Almighty was an intrusion.
Due to those points, Wagamon concluded saying he would not be reciting the pledge, but he respected the opinions of
those who may disagree with him.
Regarding the invocation, Wagamon said he also maintained the practice of bowing his head to show respect, but
• would not participate in the invocation due to his religious beliefs being a private matter. He also said that if a citizen
asked that a prayer of another faith, such as a Muslim or Jewish invocation, be included, that he would support the
request.
Joseph Milam addressed the Council regarding a court case and its application in the City of Huntsville, as well as
information on EMF.
Minutes from City Council Meeting of April 2010 Book "V"
John Cromer addressed the Council to support Jack Wagamon, specifically mentioning his assistance in arranging
water service for his neighborhood.
Tarek Maalouf of Huntsville addressed the Council regarding Wagamon's statements about pledge participation. He •
said he and Wagamon began to discuss the issue two months prior to the meeting when he observed Wagamon
standing during the pledge with his hands behind his back. He said that his patriotism and pride in America was very
important to him, and that was why he considered the action something to be discussed. Maalouf continued to say that
he and Wagamon had discussed the issue, they were not fighting, and anyone with any questions for him should
approach him personally.
6. PUBLIC HEARING
a. The City will hold a public hearing on the Entergy request for rate increase filed with the City of Huntsville to
increase electric rate in the Entergy Service Area by $210.5 million per year. [Leonard Schneider, City Attorney]
Mayor Turner began the public hearing at 6:32 p.m.
Stephen Mack, Attorney with the Lawton Law Firm, P.C., provided background on the case, stating that the $210.5
million rate increase would translate to a three - percent increase for all residential customers and a $26 monthly increase
to customers taking 1,000 kilowatt/hours per month. He said Entergy requested the change go into effect in February,
but the Council had decided to take the issue up in January to postpone the effective date of that rate increase. The
purpose was to hire witnesses to look at that issue and determine whether that rate increase was justified, as well as to
consider whether the proposed profit margins for Entergy were acceptable based on the market. Based on the reports
fled by the six witnesses, Mack said his firm was recommended denying the rate increase.
Mack stated, if the City were to deny the rate increase, that Entergy would likely appeal the decision to the Public Utility
Commission of Texas.
Susan Kelley, Assistant Attorney General speaking on behalf of Texas State University and the Texas Department of
Criminal Justice, stated that both organizations felt the rate increase should be denied based on unreasonable costs and
unprecedented direct cost recovery mechanisms as a shortcut to the traditional rate making process. Kelley also stated
that the rate increase would place a heavier monetary burden on the State organizations at a time when they were
already cutting their budgets by five percent. She asked that TDCJ and Sam Houston State University be given party
status with respect to the Entergy suit.
The public hearing was closed at 6:40 p.m.
7. 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 meeting held on the 23rd of March 2010. [Lee Woodward, City
Secretary]
b. Approve Ordinance 2010 -28 to approve stop signs on Molly Drive at Vicki Street, 2nd reading. [Aron
Kulhavy, Director of Public Works]
c. Authorize the City manager to extend the current contract for depository banking services with First
National Bank of Huntsville for one year. [Winston Duke, Finance Director]
d. Authorize City Manager to approve the Badger Lane Sewer Project #08.10.30 construction contract and
award contract to 5 -T Utilities in the amount of $174,926.07. [Aron Kulhavy, Director of Public Works]
Councilmember Forbus made a motion to accept the consent agenda and Councilmember Templeton seconded the
motion.
Mayor Turner opened the discussion, and Councilmember Forbus asked if the funding for the Badger Lane
improvements were already in the budget. Mayor Turner answered that they were.
Councilmember Cole asked, regarding Item C, if any other bank aside from First National Bank had submitted bids for
the contract
Laurie O'Brien, Finance Administrator, said three other banks submitted bids in 2008, but First National Bank received
the bid based on low service charges and other bid details.
Cole asked about other banks that had served as the City's depository over the last 10 years, and Mayor Turner said the
information would be provided. Cole also said, considering the City's relationship with First National Bank, that other
banks should be given the opportunity to serve as depository.
Councilmember Wagamon said the City appeared to have deposits in many banks, and City Manager Baine agreed.
Councilmember Templeton said the bid from First National Bank was discussed in a recent Finance Committee meeting, •
and that the committee did find that it was the best deal of the bids presented.
The consent aaenda was passed unanimously with a vote of 8 -0 on item 7c as Councilmember Woodward signed a
Conflict of Interest statement and did not vote on that item.
8. STATUTORY AGENDA
Minutes from City Council Meeting of April 2010 Book "V"
• a. Presentation, discussion and possible action to approve Ordinance 2010.29 to deny the Entergy rate increase,
1" reading. [Leonard Schneider, City Attorney]
Mayor Turner stated - as the item was being presented for the first time - that no action would be taken.
Councilmember Templeton asked that Stephen Mack come forward to address the issue of TDCJ and Sam Houston
State University wanting to be included in the motion to intervene. City Attorney Leonard Schneider said that pertained to
Item 8C, but it would be acceptable for him to combine the issues addressed in items A and C and speak under Item 8A.
Schneider asked Mack if the ordinance covered all applications for rate increase by Entergy, as was suggested by the
Assistant Attorney General. Mack answered that it was the base rate application Kelley referred to that was mentioned in
the ordinance.
Mayor Turner asked for any additional questions or comments, and none were presented.
b. Presentation, discuss /on and possible action to approve Ordinance 2010 -30 for the Entergy rate refund, 1"
reading. [Leonard Schneider]
Mayor Turner stated - as the item was being presented for the first time - that no action would be taken.
Schneider asked Mack to explain the Ordinance, and Mack stated that the Item referred to a rate refund which has been
implemented annually for the last three years to even out operation costs among Entergy entities. The funding, Mack
said, would be given from other Entergy entities to Entergy Texas, who would then disperse the funds to customers.
Mayor Turner clarified that the action would entail a positive number, or refunds, going to customers instead of additional
costs.
Mayor Turner asked for any additional questions or comments, and none were presented.
c. Presentation, discussion and possible action on the Office of Attorney General's Motion to Intervene in the
Entergy Rate Increase request. [Leonard Schneider, City Attorney]
Mayor Pro Tern Ray made a motion to aoprove the request and Councilmember Woodward seconded the motion
Ray addressed Kelley, clarifying that the request was for Sam Houston State University and TDCJ to be included in the
• motion to intervene, and Kelley said it was for the two entities to be given party status in any further legislative action.
Ray said he would like to briefly advocate for the action, especially considering the percentage of the population
represented in the two entities.
Schneider said he had spoken with Mack and the Assistant Attorney General regarding the item, and he believed there
were a couple of things the Council should hear in executive session. He asked that the Mayor convene a closed
session as authorized by Texas Government Code, Chapter 551; Section 551.071 to receive legal advice
on issues.
Council entered into Executive Session at 6:51 p.m. and returned to Open Session at 7:12 p.m.
Mayor Turner made a motion to table Item 8C. and Councilmember Zender seconded the motion
Mayor Turner stated that no discussion would take place and the motion to table would go straight to a vote.
The motion passed 7 -2 with Mayor Pro Tem Ray and Councilmember Forbus voting against the motion
9. MAYOR /CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion and possible action to approve nominees for Expo Center /Indoor Arena Study
Committee. [Mayor Turner]
Item was pulled.
b. Presentation, discussion and possible action to approve nomination of Bill Baine to Walker County
Public Safety Communications Executive Board, to replace Councilmember Barrett. [Mayor Turner]
Mayor Turner said Councilmember Barrett had taken on additional duties and requested to be relieved of his
position, while City Manager Baine expressed a very strong desire to be appointed to the position to increase the
City voice on the board.
Mayor Turner's motion was seconded by Councilmember Cole and Councilmember Forbus.
The motion passed unanimously.
• c. Discussion of supporting fundraising for new counseling building for the Good Shepherd Mission.
[ Councilmember Wagamon]
Wagamon said he was a big supporter of the Good Shepherd Mission, as he felt many others were. He asked
City Manager Baine to speak regarding fundraising opportunities.
Baine reminded the Council that he had mentioned donating the old Huntsville's Promise building to the Good
Minutes from City Council Meeting of April 2010 Book "V"
Shepherd Mission, but high costs made the action unfeasible. He said a local business person had committed to
matching up to $50,000 in funds raised by the public to build an entirely new building in the vicinity of the current
Good Shepherd Mission building to be used as a counseling building. •
Mayor Turner asked for a timeline, and Baine said he believed fundraising would start immediately at First State
Bank.
d. Discussion of citizen petition traffic issues at Highway 19 and 1.45 interchange. [Councilmember
Wagamon]
Councilmember Wagamon announced plans of a luncheon with Texas Department of Transportation
representatives on Thursday, April 15 to address traffic issues. He stated that, near the intersection of Highway
19 and Interstate 45, there were serious concerns with one -way feeder roads among area business owners and
residents. Wagamon said he had worked with TxDOT's Katherine Heijl to find a solution, which could entail
adding pavement or other changes.
e. Discussion of pledges to flags and invocation with respect to the First Amendment, U.S. Const.
[Councilmember Wagamon]
Councilmember Wagamon said he had addressed the issue to his satisfaction in the public comments section,
but placed the item in City Council discussion to allow other Council members to contribute thoughts.
Councilmember Forbus addressed the merits of free speech, and Councilmember Barrett said he always felt
honored to lead the invocation but felt no ownership to the action. He said he would join Councilmember
Wagamon in welcoming anyone else who would lead the Council meetings in prayer. He also addressed the
merits of freedom of expression, of conscience and of tolerance. Councilmember Templeton agreed with Barrett,
saying she was proud of everyone for displaying constitutional rights.
f. City Manager's Report
1. Discussion of limits to City clearing on private lots in high crime or dangerous areas.
City Manager Baine addressed clearing on private lots and the limitations on those actions. He said he
wanted to get the sense of Council as far as their opinions on the issue.
Schneider said a City cannot provide free services to anyone, that there must be some type of charge. He •
also said the City had a nuisance ordinance which could be put into effect should weeds or other growth
become too extreme.
Wagamon said he did not know when a lot would become a wooded lot or just be considered overgrown.
Schneider said, generally, a City can determine whether a lot is a nuisance and threatens public safety.
Wagamon asked, when discussing a specific lot that could fall into the nuisance category, how the
determination would be made. Schneider said reference should be made to the Code of Ordinances and
work to notify the owner before action should be taken.
Baine also discussed an outage at a local sewer plant, as well as the Elkins Lake Recycling Pilot Program.
He said he would most likely ask to continue the program.
10. PUBLIC COMMENT
There were no additional public comments.
11. MEDIA INQUIRIES
There were no media inquiries made.
12. 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.)
a. March to the Mailbox Extravaganza for Census 2010. [Mayor Turner]
Mayor Turner addressed the March to the Mailbox Extravaganza for the Census, saying it was a big event
and handing out plastic fire -hats for children was a hit. He said the Census is an important issue and it was
heartening to see volunteers turn out on a Saturday afternoon.
b. Census return rates. [Mayor Turner] •
Regarding Census return rates, Mayor Turner said the current rates were sobering — as of Monday, April 12,
the national participation rate was 62 percent, while the state rate was 61 percent, the Walker County rate
was 55 percent, and the City of Huntsville participation rate was 53 percent. He said the City needed to
redouble their efforts to do whatever possible to make the Census a success.
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• c. Congratulations to the Little Dribblers girls going to Nationals. [Mayor Turner]
On behalf of Council, Mayor Turner extended congratulations to the Little Dribblers team on which City
employee Dorothy Hunter's granddaughter plays. The team is going to the Nationals for the third year in a
row.
d. Dom i- semi -sept- centennial. [Mayor Turner]
Mayor Turner mentioned a report compiled by the City's auditor to audit a year's worth of fire expenses, to
determine how much of the costs were for the City and how much for the County. He said the report had
been received, was sent to Council members and would be on the next meeting's agenda. He said he
wanted to encourage County commissioners to vote to accept the audit.
Finally, Mayor Turner gave a progress report on the Demi- semi -sept- centennial celebration.
Councilmember Wagamon said the Town Hall Meeting scheduled for February had been rescheduled for
April 29 at the Martin Luther King, Jr. Recreational Center.
13. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.074 - personnel matters regarding the annual evaluation of City Judge, John Gaines. [Mayor
Turner]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.071 — consultation with retained counsel, Provost, Umphrey law firm, on legal matters, on
legal efforts to recover overcharges by Entergy on electric bill, street lights. [Leonard Schneider, City
Attorney].
c. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551;
Section 551.071 to receive legal advice on issues in regards to permit renewals, Texas Alcoholic
Beverage Commission regulations, and drinking establishments including but not limited to Sam's Fast
• Food Mart; update on AT&T litigation; update on Chamber of Commerce litigation. [Leonard Schneider,
City Attorney]
d. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.074 - personnel matters regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of a public officer or employee, City Attorney. [Mayor Turner]
The Council adjourned into executive session at 7:36 p.m.
14. RECONVENE
Council reconvened at 9:15 p.m. No action was taken on the items addressed during executive session.
15. ADJOURNMENT
The meetinD was adjourned l t 9:15pm.
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