MIN CC 07/20/2010City Council Meetings of July 2010 Book "V'
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20s' DAY OF JULY 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. Tumor, Mac Woodward, Jack Wagamon, Charles Forbus Lanny Ray, Wayne Barrett, Tom Cole
COUNCILMEMBERS ABSENT: Dalene Zander, Melissa Templeton
OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP SESSION [5:30PM]
The Council will have a budget workshop, primarily to discuss requests from non - profit organizations, and charter offices.
[Winston Duke, Finance Director] [ Councilmember Wagamon was not present for the workshop.]
The Mayor reviewed the Council budget from several years ago, noting The Council budget was half what it had been then. The Council
then reviewed the non-profit requests for the FY10 -11, generally speaking in approval of maintaining the same amounts as requested for the
upcoming budget. The Council also considered the addition of the Winner's Circle program, a presentation on which will be given at an
upcoming budget workshop.
REGULAR SESSION' [6:0012M)
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
The Mayor thanked Councilmember Woodward for his work on the Demi -Semi- Sept - Centennial parade. The Mayor presented •
commemorative coins for Councilmember Woodward, James Patton, Poncho Roberts, Edwin Graves, Whitney Whitmire, Dessie
Cherry, Carol Smith, Michelle McKenzie, Khstie Stevens, and Don Shirley. The Mayor thanked the following volunteers,
organizations and businesses for their participation in the birthday:
Thank you!
Demi -Semi- Sept- Centennlal Volunteers
Faye Bums Dance Studio — Barbara Preston, Director, & dancers
Greater Zion Baptist Church — Pastor Michael Davis, Marching Drill Team, Combined Choir
The Mixed Review
Huntsville Lion's Club & Ladies Auxiliary
YMCA — Wade Shrock, Sandra Clifton
SHSU Department of Mass Communication
SHSU Department of Military Science
SHSU Police Department — Deputy Chief James Fitch & staff
Huntsville Fire Dept. — Chief Tom Grisham, John Hobbs, Jason January, Greg Mathis
Community Services Dept. — Director Matt Lumpkins, Joseph Wiggs, Penny Joiner, Bethany Moore, Kimberly Barnes, Jerry Hightower,
Jesse Johnson, Leval Davis, John Agey, Cyril Agu, Ezra Bryant, Seth Flamers, Michael Johnson, Eric Mills, Floyd Ross, Katherine
Widner, Troy Wyatt, Desmond Alexander, Robert Grigsby, Tarry Rabb, Deante Roberts
Huntsville Police Dept. — Chief Kevin Lunsford, David O'Rear, Jim Barnes, Slane Rodgers, Joyce Dunaway, & staff
TDCJ Region I Honor Guard
Amber Boudreaux
Francis McGinty
Dr. Marilyn Byrd
Linda McKenzie
Larry Crippen — KSAM
Dr. Sherry McKibben
Sandra Cuevas
Lee Murrah
Candy Dixon
Daniel North
Kristin Edwards
Trey Owens
Danny & Jessie Ferguson
Jackie Pace — Boys & Girls Club
Frank Golden
Diane Patrick
Cameron Goodman
Sicily Pierce
Rich Heiland —Walker Free Press
Blake Roach •
Matt Jackson —The Huntsville Item
Kooter Roberson — KSAM
Jeannine Jacoby
Ashlyn Roberts
Ron Johnson
Billie Smith
Sam Kinsey
Joe Smith
Lauren Lampe
Wayne Spivey
Corey Lazar
Janette Uribe
City Council Meetings of July 2010
D.W. Wakefield
Christie Walters
• Ray Whiney
Book°V"
Donnell Williams
Michael Yawn & Junior Fellows
David Zellar
Demi- Semi -Sept- Centennial Sponsors & Providers of Assistance
AT &T— Whitney Whitmire, Edwin Graves, Jim Segovia, Mark Countz. Derrick Johnson, Byron Hebert, Leigha Lierz
Blue Bell Creameries — Tommy Baker
Brookshire Brothers — Luke Gustafson & staff
CenterPoint Energy — John Seale
Cora -Cola of Conroe — Jan Smith & Jan Bealfield
Creation Graphics — Cody Slater
Eagle Graphics — Micah Slaughter & Linda Shockley
First National Bank
First State Bank
Gibbs Bros. & Co.
HEB
Hillcrest Ford — Justin Wright, Lian Rhodes, & drivers
Huntsville Cruisers — Shellie Geer & drivers
Huntsville Steel & Fabrication, Inc. —Todd Barber
Israel Liggins, KHVL 1490 Gospel Inspirational Show
Kroger
Lloyd C. Martin
McKenzie's Barbeque
Mid -South Synergy —Tina Warzon
SHSU — Dr. and Mrs. James Gaertner, Maggie Collum
SuddenLink — Mark Schmidt, Andy Hudson, Regina Swearengen
TEAM Dodge — Sam McCann, JoAnn Davey, & drivers
University Cancer Center — Tikaa Cone, John Karas, Dr. D'Andrea
Walker County Judge Danny Pierce
Walker County Title Company
Wal-Mart — Bart Ely, Lachastia Washington
Wiesner, Inc. — Clint McLaren, Anne Smith, & drivers
• 5. PUBLIC COMMENT
Jake Fuqua spoke on the issue of traffic volume on Avenue O. He asked for the Council's assistance in creating an
historic district.
Tarek Maalouf discussed his meeting with Jay Williams of Property Commerce, and asked the Councilmembers to
meet Mr. Williams' request for an apology from the Council, in order to privately disclose the owners of the
Ravenwood project.
6. CONSENTAGENDA
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. 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 6'" of July 2010. [Lee Woodward, City
Secretary]
b. Approve the minutes of the City Council budget workshop held on the 30th of June and the 14' of July
2010. [Lee Woodward, City Secretary]
c. Approve Ordinance 2010.43 amending the budget for FY09 -10. [Winston Duke, Finance Director]
d. Presentation, discussion and possible action to authorize the City Manager to enter into a Partnership
Agreement and participate in the Houston - Galveston Area Council (H -GAC) Consortium, if chosen. [Dr.
Sherry McKibben, Community Development Specialist]
Councilmember Forbus made a motion to approve the Consent Agenda Councilmembers Woodward and Ray
seconded the motion. -
Councilmember Woodward said the Finance Committee had reviewed the budget amendments in Item c before
they were put forward to the Council.
Dr. Sherry McKibben elaborated on the H -GAC's move toward the creation of a consortium, and her sense that it
would be beneficial for the City to participate in view of future funding opportunities.
• The motion passed unanimously.
7. STATUTORY AGENDA
a. Presentation, discussion and possible action to approve Ordinance 2010 -41, CenterPoint Energy Cost of
Services Agreement (COSA), 2n° reading. [Leonard Schneider, City Attorney]
Councilmember Woodward made a motion to approve the Ordinance Councilmember Forbus seconded the
motion.
Leonard Schneider, City Attorney, said the Lawton Law Firm had reviewed the request, and that he and they •
recommended that the City approve the Ordinance.
The motion passed unanimously.
b. Presentation, discussion and possible action to authorize the City Manager to approve necessary
documents, including the Post - Employment Benefits (PIES) Trust Agreement and Service Agreement for
Texas Employers. (Winston Duke, Finance Director)
Winston Duke, Finance Director, explained the background to the Trust, and described it as an investment
vehicle for long -term investments, an in accordance with the City's policy directives. He said they expected to be
able to fund close to $1.5 million by the end of the current fiscal year.
Mr. Schneider said he had reviewed the agreement for services and spoken with First Southwest to include
indemnity language limiting the City's liability to that permitted by law.
Councilmember Woodward made a motion to approve the action pursuant to Mr. Schneiders recommendation
Councilmember Ray seconded the motion
Councilmember Woodward asked about the management of the money in the trust. Mr. Duke said the City
manages the Trust, makes decisions on the investments, and is responsible for the money in the Trust.
Councilmember Wagamon asked about fiscal impact and funding sources, specifically the future liability and
contributions. Mr. Duke said the City had had two good years of claims, and had contributed $300,000 annually
for the last three years. Mr. Duke said he did anticipate the Council would be asked for transfers in the future.
He said that it was possible that the City could be reimbursed for retirees' daims made from the Trust, although it
was not anticipated that would be requested, at feast initially, so that the Trust could build.
Councilmember Wagamon thanked the City Manager and Mr. Duke for their work on this complicated issue.
The motion passed unanimously,
c. Presentation, discussion and possible action to authorize the City Manager to apply for, accept, if •
awarded, and implement the Pepsi Refresh Project for a new baseball field. [Dr. Sherry McKibben,
Community Development Specialist]
Dr. McKibben explained that Pepsi is giving out 1000 grants per month this year. She said the City would like to
submit a project for a new ball field for September. The grants are awarded based on intemet votes.
Councilmember Forbus made a motion ig approve Councilmember Cole seconded the motion
Dr. McKibben said each internal address would be permitted to place ten votes per day for the month the City's
project is on the website.
The motion Passed unanimously.
d. Presentation, discussion and possible action to authorize the City Manager to enter into contract with
LDF Construction for the construction of the Huntsville Public Library, [Aron Kulhavy, Director of Public
Works]
The Mawr made a motion to approve Councilmember Woodward seconded the motion
The Mayor said he supported LDF Construction, having had worked with the company before
Councilmember Woodward said this was significant in the City's 1750 year, and that the public had
overwhelmingly approved the bond in the November 2009 election. He also noted Huntsville was the only city to
approve a bond election for a library last year.
Councilmember Ray mentioned that the bid came in under budget, and was projected to be finished within one
year.
Councilmember Wagamon commended the City Manager for bringing the Council a balanced budget without a
tax increase, even with the passing of the library bond,
The motion Passed unanimously •
S. MAYORICITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion and possible action to appoint Councilmembers Templeton, Cole and Barrett as
an ad hoc committee to explore potential Council policy for future donations. [Mayor Tumor]
The Mayor made a motion for the nominations Councilmember Wagamon seconded the motion
• Councilmember Woodward suggested that Mr. Duke and Dr. McKibben be included.
The motion passed unanimously.
b. Presentation, discussion and possible action to replace Kathy Hudson with Jacob Bullion on the
Veterans Affairs Advisory Board. [Mayor Turner]
The Mayor made a motion for the nomination Councilmember Ray seconded the motion
The motion passed unanimously.
c. Presentation, discussion and possible action to approve First Amendment to 1976 Raw Water Supply
Contract with Trinity River Authority (TRA), 2n" reading. [Leonard Schneider, City Attorney]
Councilmember Woodward made a motion to approve the amendment Councilmembers Ray and Forbus
seconded the motion.
Councilmember Woodward said the amendment was a clarification for availability of raw water after the year
2020, without financial commitment by the City.
Councilmember Ray said he felt the motion should be supported, as it did raise the Council's confidence level.
The motion passed unanimously.
d. Presentation, discussion and possible action regarding update of ongoing litigation against the
Huntsville - Walker County Chamber of Commerce to recover misspent and misapplied Hotel Occupancy
Funds, primarily to update the citizens and council as to what has occurred and is in the public record
and or available to the public. [Councilmember Ray]
Councilmember Ray gave background on the litigation, and the difference between civil and criminal cases, and
. the privilege against self- incrimination. He said that mediation is set for September 3, 2010. He said the City
filed a motion to disqualify for apparent conflict of interest in the Chambers case.
The Mayor reiterated that, as a Council, they had a fiduciary responsibility to the community as a whole, and that
he knew all the Councilmembers take that very seriously.
Councilmember Forbus said that, when the Hotel Occupancy Tax Board was first formed, Mr. Baine took a close
look at how the Wynne Home was funded. That inspection led Mr. Baine to move a great deal of the funding from
HOT funds to General Fund, because that was the appropriate and correct thing to do.
Councilmember Woodward said he hoped the issue could be resolved soon, as the Chamber would be a good
partner to the City in economic development.
Councilmember Wagamon said he also wanted the conflict over, but that he saw it as a problem with certain
Chamber members, not with the organization itself. He said that the Council had an obligation to the public over
the misspent and illegally comingled funds, as determined by an independent auditor.
Councilmember Ray said the City had made a demand several months ago. Mr. Schneider confirmed there had
not been any offers in response..
The Mayor pointed out that Chamber President Carol Smith had been asked to work on the City's birthday, and
that the City had met with her on numerous occasions. He acknowledged that perhaps it might not have been
easy on her part, but that she had worked very hard and that he hoped some of these bridges were being
repaired.
e. City Manager's Report
1. Update on second round for Hurricane Ike.
Mr. Baine said they were still waiting on the installation of two generators from the first round of Ike
compensation. He said he was working with the County on the money needed for remaining generators, as
they were a priority.
• 2. Report upcoming communication exercise for hurricane season.
Mr. Baine said there would be a planning exercise Thursday morning at 10am at the Service Center,
Mr. Baine said he had also met with Jay Williams, that Mr. Williams was a polite businessman, and perhaps
a little puzzled by the issues, as he was not familiar with all of the City's history. Mr. Baine said he had
prepared a letter looking to a time when the relationship would be improved.
9. PUBLIC COMMENT
There were no additional public comments.
10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media inquiries made.
11. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City
staff for which no action wili be discussed or taken.)
a. Commemorative coins for return of Soldiers. [Mayor Tumor]
The Mayor showed the commemorative medallions, and discussed the return of the local Soldiers, expected at
the end of the month. He said the numbered coins would be given to the Soldiers as they return, and were
available to the public for a minimum donation of $20. He said they were available at the Finance Department,
and that the money would be used to support the hometown heroes.
The Mayor presented information on the Main Street Film Festival coming up this weekend.
Police Chief Kevin Lunsford mentioned the new Fire Station #4 would have its grand opening on Friday at 6pm.
12. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551;
Section 551.071 — consultation with counsel on legal matters including legal issues on current and
pending litigation, including meeting with Lauren Kallsek to receive legal advice on Walker County
Special Utilities District, and receive update on pending litigation including, but not limited to, Chamber
suit. [Leonard Schneider, City Attorney]
The Council adjourned into Executive Session at 7:20pm.
2. RECONVENE
a. Take action, if necessary, on item addressed during Executive Session.
The Council reconvened at 8pm.
The motion passed unanimously.
The Mayor made a motion to instruct Mr. Schneider to retain the services of Alvarez - Marshall as retluired in order
to pursue the case on which he is working. Councilmember Cole seconded the motion
The motion passed unanimously.
13.ADJOURNMENT
:02pm.
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