MIN CC 04/20/2010City Council Meeting of April 2010 Book 'V°
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20"' 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 Zander, 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 water policy priorities.
The Mayor called the meeting to order at 5:30pm.
Carol Reed, Director of Public Utilities, presented an overview of the City's water system components, production and
recommendations.
The meeting adjourned at 5:55pm. _
REGULAR SESSION' [6:0013M]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:00pm.
2. PLEDGES OF ALLEGIANCE
3.
INVOCATION
•Councilmember
Barrett gave the invocation, - -
4.
PROCLAMATION
The Mayor presented a proclamation in honor of Autism Awareness Week.
S.
PUBLIC COMMENT
Stan Foley, of Entergy, spoke in support of Entergy's rate increase. - -
6.
PRESENTATION OF 2010 SURVEY RESULTS
Ray Turco of Turco and Associates (due to technical difficulties, this item was handled after the Consent Agenda.)
7.
CONSENT AGENDA
(Approval of Consent Agenda authorizes the City. Manager to implement each item in accordance with staff
recommendagons. An item maybe 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 12th of April 2010. [Lee Woodward, City
Secretary]
b. Approve Ordinance 2010 -29 to deny the Entergy rate increase, 2ntl reading. [Leonard Schneider, City
Attorney]
c. Approve Ordinance 2010 -30 for the Entergy rate refund, 2i° reading. [Leonard Schneider, City Attorney]
d. Parks and Recreation Advisory Board recommends the City Council establish a Park Rental Policy and
Fee similar to the one already established for the rental of the Martin Luther King Neighborhood Center.
[Matt Lumpkins, Director of Community Services]
e. Authorize the City Manager to apply for, accept, if awarded, and implement the Department of Homeland
Security U.S. Citizenship and Immigration Services Citizenship and Integration Grant [Dr. Sherry
McKibben, Community Development Specialist]
f. Authorize the City Manager to apply for, accept, if awarded, and implement the Texas Parks and Wildlife
Recreation Trails Grant [Dr. Sherry McKibben, Community Development Specialist]
g. Authorize the City Manager to execute the Interiocal Purchasing Agreement with Purchasing Solutions
•
Alliance. [Winston Duke]
Councilmember Forbus made a. motion to_aoorove the consent agenda Councilmember Zander seconded the
motion. Coundimember Wagamon pulled items b and d to be discussed separately. Councilmember Forbus
asked for brief clarification information on items a and f. The motion passed unanimously.
City Council Meeting of April 2010 Book "V"
Councilmember Wagamon asked for additional information from Stan Foley of Entergy on item b.
Councilmember Wagamon asked Matt Lumpkins, Director of Community Services, to explain the Parks and
Recreation Advisory Board's recommendation. Councilmember Wagamon made a motion to approve item d.
Councilmember Forbus seconded the motion The motion passed unanimously.
S. STATUTORY AGENDA
a. Presentation, discussion and possible action on the annual report for the fiscal year ending September
30, 2009, presented by Ken Davis. [Winston Duke, Finance Director]
Ken Davis presented a brief report on the annual report for FY0& -09 (CAFR). Councilmembers Woodward and
Wagamon thanked Winston Duke, Finance Director, and his department, for their hard work, and assisting Mr.
Davis' firm.
Councilmember Wagamon verified the final transfers out of the Enterprise Fund totaled $1.6 million to other areas
of the City. The Mayor asked about the medical liability contributions made (page 62 of the CAFR). He verified
with Mr. Davis that this information was added to clarify future potential liability.
Councilmember Woodward made a motion to aoorove the report Councilmember Forbus seconded the motion.
The motion passed unanimously.
b. 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]
Leonard Schneider, City Attorney, said the Office of the Attorney General had made a request that the Council
abate its (the OAG's) Motion to Intervene. He said the Council could approve or deny the Motion, abate it, or take
no action. Mr. Schneider said he did not recommend the Council take no action.
Councilmember Ray said he thought the City should abate, as he felt it was the safest route. Councilmember
Ray made a motion to abate the Motion Councilmember Cole seconded the motion. Councilmember Woodward
confirmed the Council could take additional action later, should it so choose.
The motion passed unanimously.
9. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion and possible- action on Charter Provision Section 14.10 "Nepotism."
[ Councilmember Forbus]
Councilmember Forbus expressed his disagreement with the current Nepotism policy of the City, as he felt it was
too restrictive in its application to boards and committees.
Leonard Schneider, City Attorney, said his review concluded the Charter nepotism policy was more restrictive
than the State's, and that a Charter amendment would be required to make it less restrictive.
b. Presentation, discussion, and possible action on HOT Board recommendation for Expo Center /Indoor
Arena Feasibility Committee. ( Councilmember Forbus, HOT Board Chairman, Councilmember Ray)
Councilmember Forbus, Chair of the Hotel Occupancy Tax Board, said the Board, pursuant to a Council directive,
was making recommendations for an Expo Center/indoor Arena Feasibility Committee, and described their
suggestions for the number of members, number and formation of subcommittees, and purpose and mission of
the Committee as a whole. He also said there was $30,000 that could be used, if needed, for a consultancy, but
that the HOT Board had asked the City Secretary to begin compiling information from other facilities for the
Committees use. He reiterated that the Committee was for feasibility of the proposed project.
Councilmember Ray said discussion of an Expo Center /Indoor Arena had begun several years ago, as it was a
directly appropriate use of HOT funds. He said the HOT Board was recommending a Committee of broad cross -
section of the community. He said the charge Councilmember Forbus had read was a good structure to get the
answers needed to make a good decision.
Councilmember Ray made a notion to approve the HOT Board's recommendation of the structure, guidance to
the Committee and candidates to the Mayor. Councilmember Forbus seconded the motion.
Councilmember Cole questioned the HOT Board being part of the Executive Committee and the final oversight of
the Feasibility Committee, which he did not feel was objective enough. Councilmember Ray said that was part of
the charge of the HOT Board, and clarified the makeup of the subcommittee, and their process. Councilmember
Forbus added that the chairs of the subcommittees would also be part of the Executive Committee, and that any
final approved proposal would come to the citizens for a vote.
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City Council Meeting of April 2010 Book "V
Councilmember Woodward asked that a name in parenthesis on the draft list be removed.
• The Mayor said he had consulted with the City's legal counsel, and that the Charter was very clear that the Mayor
was to make nominations. He would like the structure addressed, that the HOT Board could not nominate a
structure including the HOT Board in its entirety. He complimented the HOT Board on their work and some of the
specificity of their charge.
Councilmember Forbus reiterated that the proposal was a recommendation. Councilmember Ray recalled the
Council had voted to have the HOT Board to come up with a recommendation, which was what they had done.
The Mayor said he thought there had been three important points: that it was legal, beneficial to the community,
and there was a limit to the liability to the City with respect to compliance with the Charter.
Councilmember Barrett said he was concerned that the process be unambiguous, and would like to be able to
vote on a recommendation that he could see everyone feel good about, but currently thought there could still be
some issues to work out. He also said the proposal seemed possibly more structured in detail than perhaps the
Council needed to address, that the Committee itself could work a lot of it out in relation to operation.
Councilmember Wagamon asked for a clarification of the motion, that he felt the HOT Board was asking the
Council for approval, which would then be up to the Mayor. The Mayor pointed out the proposal was setting the
structure of the Executive Committee. Councilmember Wagamon reiterated that the Council had tasked the HOT
Board for a recommendation, and that was what the Board had returned.
Councilmember Forbus explained that the motion was a recommendation, not a directive
Leonard Schneider, City Attorney, said he saw the key issue being that the Mayor had the power to nominate, the
Council had the power to remove (or not), and the Council could ask the Mayor to consider candidates. Mr.
Schneider asked if the HOT Board was asking the Council to approve the Feasibility Committee or the Executive
Committee, and whether they were asking the Mayor to appoint the HOT Board to the Executive Committee.
Councilmember Woodward said he understood the HOT Board to be recommending to the Mayor, and the Mayor
could then make nominations to the Council, and then the appointed Committee to then decide on their own
organization.
• The City Attorney asked if the Council wanted to create one Feasibility Committee and allow that committee to
organize into subcommittees as it saw fit. Councilmember Forbus said he saw no problem with that, and again
stated the proposal was a recommendation.
Councilmember Ray said the idea of the number of nominees and subcommittees was due to the scope of the
work they were being asked to do, and accumulate accurate information. He said the Mayor could task the HOT
Board to be on the committee or simply work with the Committee, and that the HOT Board's concern was to
provide specific guidance and admonitions to ensure the Committee returns with a decision matrix which could be
presented to potential partners and the citizenry. -
The Mayor acknowledged the work, effort and time the HOT Board had spent on the proposal. Councilmember
Woodward also said he would like at least three Councilmembers on the Feasibility Committee.
Mr. Schneider clamed the discussion. Councilmember Forbus said again that the proposal was a
recommendation.
The amendment passed with a vote of 8-1 with Councilmember Cole voting against
The main motion passed with a vote of 8-1 with Councilmember Cole voting against
c. Presentation, discussion and possible action to approve recommendations of the Tax Increment
Reinvestment Zone Board, including approval of the Annual Report, Project Plan, and Finance Plan,
which Includes the Feasibility Analysis. Presented by Larry Cline. [Councilmember Barrett]
Councilmember Barrett briefed the Council on the plans they were reviewing. He referred to the Annual Report
(as of September 30, 2009) had a negative balance of $25,714,95, and that the revenue due the TIRZ fund was
• $2,496,26. He said the City had put its portion into the fund, and the County had escrowed its portion.
Councilmember Barrett said the anticipated amount that would be owed the fund this year would be roughly
$20,000 from the City and $14,000 from the County. He said the TIRZ Board did not approve any expenditures
from the TIRZ fund. He introduced Mr. Cline.
Councilmember Woodward said the Finance Committee had reviewed the reports, and that all looked fine to
them. He then asked if it was the Council's intention to recraft an Intedocal Agreement with the County, and Bill
Baine, City Manager, said it was and that Mr. Cline had been retained to do so. Councilmember Woodward said
City Council Meeting of April 2010 Book "V"
he hoped that would move forward as soon as possible.
Councilmember Barrett referred to the Project Plan, and pointed out the elimination of money for projects outside •
the plan when the TIRZ was redrawn, and including the right-of-way the developer paid for on the feeder road.
Councilmember Wagamon asked what the benefit to the City would be of entering into another Interlace!
Agreement with the County. Councilmember Barrett said they were voting on updates based on the Council
actions, not what the City may do in the future, and that the reports were needed to submit to the State. The
Mayor said the Interiocal item could be on the next Council agenda.
Councilmember Ray recalled that the Intedocal Agreement was unaffected by the changes made to the TIRZ
Zone #1, and had actually expired. He also verified the amount paid into the TIRZ, and the value of the property.
Councilmember Woodward said he thought the development agreement on the TIRZ was between the City and
the developer, and the County passed a Resolution to participate, and, later, signed an Interlocal Agreement With
the City.
Mr. Schneider said he understood the County would have to enter into an Intedocal Agreement with the City if
they were to participate and transfer their escrowed funds.
Councilmember Woodward said his concern was that they were being asked to approve documents
acknowledging the County's participation.
Councilmember Barrett said County representatives were at this afternoon's meeting and voted to approve the
reports, which he thought could imply their intended participation. He reminded them that the filing of the
documents was a compliance issue, and they were voting on the accuracy of the documents.
Councilmember Ray said he agreed, and encouraged approval of the motion. Bill Baine asked the Council to
remember the citizens like the Target, and he thought the Council would like to see the project work. .
Mr. Schneider asked Mr. Cline about the proposed ordinance to enlarge the TIRZ.
Councilmember Wagamon said he had never seen who owned the property.
Councilmember Barrett had Mr. Schneider verify the Council would have to enact an ordinance to expand the •
TIRZ boundaries. Mr. Cline said it needed to include the entrances and exits of the improvement. The Mayor
asked If the issue needed to be tabled until the ordinance was passed, and Councilmember Ray asked if approval
obligated them. Mr. Schneider asked if this could be approved in May.
The Mayor moved to table the motion Councillmember Zender seconded the motion The motion was approved
unanimously.
d. Presentation, discussion and possible action on exploring possibilities concerning the extension of
Interlocel Agreement (with Addendum) for Public Safety Services between the City and Walker County.
[Mayor Turner]
The Mayor said he hoped the County would have voted on his proposal for audit and allocation, but they had not
yet acted, and, therefore, he would not make a motion during this meeting.
Councilmember Ray said he felt the proposal was mostly good, but that he felt it included subjective variables
that could undermine concrete results.
e. Discussion of signage on 1-45. [ Councilmember Forbus] -
Councilmember Forbus spoke of the need for better signage on 1-45 and its feeder roads, in relation to the
difficulty of the one -way feeder roads, and hoped to help local businesses with better direction. Councilmember
Woodward asked about the availability of supplemental signage on the feeder roads. The Mayor acknowledged
there was also difficulty for persons exiting the interstate.
f. Presentation, discussion and possible action to discuss the employment contract of Theresa O'Brien,
Municipal Court Prosecutor. [Mayor Turner]
The Mayor said this was a personnel matter, and Mrs. O'Brien had requested a private hearing, so it would be
handled later.
g. City Manager's Report •
1. Presentation concerning Brazos Valley Community Action Agency's Weatherization Program, given
by Bryan Jones, Administrator of Housing S Weatherization.
Dr. Sherry McKibben, Community Development Specialist, introduced Bryan Jones, who explained the grant
and the history of the Brazos Valley Action Agency.
City Council Meeting of April 2010 Book "V"
Mr. Jones asked the Council for help in informing the public about the grant. He said it was a free service to
• help lower utility bills, and could help owner-occupant or rental properties, and described the ways in which
someone could qualify. He encouraged the Council to let people know about the project.
The Mayor asked for a phone number to call, Mr. Jones gave 979 -822 -4100 or 1- 877- 54- BVCAA, or check
bvcaa.org. Councilmember Forbus said the public could also call City Hall and be referred.
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, Counciimembers, and
City staff for which no action will be discussed or taken.) -
The Mayor discussed the return of the deployed local Soldiers, possibly coming home in July. He said they were
going to commission a commemorative coin for them, and that additional coins would be sold to the public for $20
each, to raise money for a banquet for the Soldiers.
The Mayor reminded the public of the City's 17e birthday, and mentioned the financial institutions which had
committed to the purchase of commemorative coins for that celebration.
The Mayor said that on May 11' there would be a media event to celebrate the Cultural District, and this year's
Texas Tourism Week.
Councilmember Woodward reminded all that the Sam Houston Folk Festival would begin on April 3&, and the
Airing of the Quilts was being held on Saturday, May V. The Mayor also mentioned the City Manager had
mentioned the Spring Clean would be held the following weekend.
• The Council sang "Happy Birthday" to City Secretary Lee Woodward.
Councilmember Woodward requested that the Council take care of agenda Items 17a and 17b, listed following
the executive session, related to the appointment of Leonard Schneider of Liles Parker PLLC as City Attorney.
Councilmember Ray asked if they could
clarity that they were hiring Mr. Schneider, not the firm. -
The motion passed unanimously.
Schneider asked, for procedural purposes, that the Council address ending the City's relationship with Ross,
Banks, May, Cron & Cavin, P.C.
Councilmember Forbus made a motion to end the City's relationship with Ross Banks May Cron & Cavin P.C.,
and Councilmember Templeton seconded the motion.
The motion passed unanimously.
13. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 - personnel matters - to discuss the matter of Theresa O'Brien, addressed originally in Item 9f.
]Leonard Schneider, City Attorney]
The Council entered into Executive Session at 8:50 p.m.
14. RECONVENE
a. Discussion and possible action on Items discussed in Executive Session. [Mayor Turner]
The motion passed unanimously.
15. EXECUTIVE SESSION
City Council Meeting of April 2010 Book °V'
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.071 — pursuant to section 551.071 of the Local Government Code to receive legal advice on the current
litigation against the Chamber of Commerce and to receive legal advice on claim and demand letter by Wes
Altom, including, but not limited to, Wes Altom's request for a public hearing. [Leonard Schneider, City Attorney]
Council re- convened into Executive Session at 8:52 p.m.
16. RECONVENE
a, Discussion and possible action on items discussed in Executive Session, [Mayor Turner]
Council returned to Open Session at 10:10 p.m.
The motion passed unanimously.
17. CHARTER OFFICER - CITY ATTORNEY
a. Discussion and possible action on the appointment employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer or employee: City Attorney. [Mayor Turner]
Addressed prior to Executive Session.
b. Discussion and possible action to appoint Leonard Schneider, of Liles Parker PLLC as City
Attorney. [Mayor Tumor]
Addressed prior to Executive Session.
18.ADJOURNMENT
The meeting was adjourned at 10:12pm.
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