Minutes - 04/05/2011City Council Meetings of April 2011 Book %P
MINUTES FROM THE HUNTSVILLE CITY COUNCIL. MEETING HELD ON THE 5TH DAY OF APRIL 2011, IN THE CITY
HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5PM.
iThe Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Tom Cale, Mac Woodward, Jack Wagamon, Wayne Barrett, James Fitch, Lydia
Montgomery, Don H. Johnson, Keith D. Olson
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary
WORKSHOP SESSION [5:00 -5:45] — Steve Stecher, an engineer with Crespo Consulting, Inc., will give a presentation
on the results of the water system capacity study. [Carol Reed, Public Utilities Director]
The powerpoint presentation and report are avallable to view in the City Secretary's office. Counclimember Cole arrived at end
of workshop.)
RECEPTION - City Council will visit with the spring interns In the large conference room from 5:45 -6. The public Is
welcome.
REGULAR SESSION* [6:OOPM]
1. CALL TO ORDER
Mayor Turner called the meeting to order at 6:OOpm.
2. PLEDGES OF ALLEGIANCE AND INVOCATION
Councilmember Barrett gave the invocation.
3. PROCLAMATIONS AND PRESENTATIONS
a. Proclamation 2011 -17 to SAAFE House to recognition of Sexual Assault Prevention and Awareness Month.
Representatives of SAAFE House presented Counciimembers with rubber bracelets to wear for continued awareness
throughout the month.
b. Presentation of Spring 2011 SHSU -City of Huntsville Interns.
Blake Roach introduced interns Michaela Clark, Maegan Byers, John Daywalt, Kahiil Medley, Javier Hidalgo.
c. Proclamation 2011 -20 for National Library Week and School Library Month.
d. Proclamation 2011-22 for Fair Housing Month.
e. The Mayor will welcome Candl Harris to p nt students from the SH Elite Program.
Ms. Harris discussed the pilot SHSU Elite Program for incoming minority male students to strengthen academic
performance, and Introduced successful students Reginald Wasson, Alfredo Rodriguez, Blake Whitaker, and Genaro
Mendez and discussed
Proclamation 2011 -23 for Public Safety Telecommunications Week.
f. Employee recognition by City Manager Bill Balne.
Mr. Baine thanked John Hare of Oakwood Cemetery and Barry Conner of the GIS Division for their hard work,
dedication, and service. He recognized Kimm Thomas, Director of Tourism and Cultural Arts, and Jamie Mathews of
the Sam Houston Statue for their work with the TTIA Texas Travel Counselors Study Tour, which resulted In
Huntsville's being honored as Best City, and also noted Brian Koerselmads Farmhouse had been chosen as Best
Dinner, and Jim Willett at the Prison Museum was named Best Museum Guide.
4. PUBLIC COMMENT
John Cromer spoke on the issue of Councilmember Olson's residence eligibility to run for his position.
William Elmer spoke on services and contributions he believed were agreed upon by Joe Williams of First Traditions and
the At -Large Councilmembers and Councllmember Mac Woodward, and submitted a Public Information Request.
Jake Fuqua spoke on traffic Issues on Avenue O.
Poncho Roberts invited the public to attend the Sons of the American Revolution rededication at the Courthouse this
Saturday, to be followed by a free luncheon at the Veterans Museum.
Jerry McGinty spoke in support of item 5d, as a member of the donating organization.
5. 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 Counck)
is a. Approve the minutes of the City Council meeting held on March 15, 2011. [Lee Woodward, Ct% Secretary]
b. Approve Ordinance 2011 -29 amending the traffic schedule to ratify No Parking signs on 14 Street between
Avenue N and Avenue O, Fj reading. [Aron Kulhavy, Director of Public Works]
c. Approve Ordinance 2011-28, updating Ordinance 2004 -16 to reflect changes In TIRZ Board of Directors to
City Council Meetings of April 2011 Book "W
match the Interlocal Agreement with Walker County, 2nd reading. [Leonard Schneider, City Attorney]
d. Approve the Installation of a flagpole flying the First National Flag of the Confederacy In Oakwood Cemetery,
next to the Confederate Veterans marker they have already Installed, at no cost to the City. [Matt Lumpkins,
Director of Parks and Recreation]
e. Authorize the City Manager to exercise the option to extend contract with McCreary, Veselka, Bragg & Allen,
P.C. for municipal court collections for an additional two years. [Winston Duke, Finance Director]
f. Approve Cantor Fitzgerald and Duncan Williams as firms that may present proposals from which the City may
purchase investment securities. [Winston Duke, Finance Director]
g. Approve an easement for electric power and communication facilities for Entergy Texas, Inc. [Aron Kulhavy,
Director of Public Works]
h. Authorize the City Manager to approve Task Order #7 for Klotz and Associates on the Dawson Dam Phase 11
Improvements in the amount of $33,500. [Tom Wager, Project Manager]
1. Authorize the City Manager to approve Task Order #6 for Klotz and Associates on the McDonald Creek
Watershed Study in the amount of $58,000. [Tom Weger, Project Manager]
J. Ratify purchase of 40 pagers from Blair Communications in the amount of $14,600.00 and 30 hand -held radios
from Motorola, Inc. In the amount of $75,069.00. [Tom Grisham, Fire Chief]
k. Authorize the City Manager to enter Into a cost - sharing agreement with the Texas Department of
Transportation for the installation of a traffic signal at the Intersection of Boettcher Drive and State Highway
75 South, with the City making a financial contribution of $58,000.
The City Secretary noted that Mayor Tumor and Councilmember Cole had filed Conflict of Interest affidavits prior to
the meeting for item 5d, and would not be taking any action or voting on that item.
Councilmember Barrett made a motion to aoDrove the Consent_kienda. Councllmember Johnson seconded the
motion.
Councilmember Montgomery pulled d and j.
The motion passed unanimously.
The Mayor and Councilmember Cole left the dais and the Mayor Pro Tom took the position of presiding officer.
Councilmember Barrett made a motion to approve item d. Councilmember Johnson seconded the motion.
Councilmember Montgomery expressed a concern that this was a tragic war about separation, ending with unity under •
one flag, which she felt should fly there. She also objected to this allowing more/other flags to be flown at the
Cemetery. Counciimember Wagamon said there were many descendants of Confederate soldiers and of slaves
buried in that cemetery and he felt it wrong to raise a flag that was so divisive.
Mayor Pro Tam Woodward asked Matt Lumpkins, Director of Community Services, if there had been any discussion of
having the flag across the street at Gillespie Park. Mr. Lumpkins said there had not, that the item had been reviewed
by the Cemetery Board and recommended it to Council. The Mayor Pro Tam asked the Council receive more input
from the community.
Mavor Pro Tom Woodward made a motion to refer_theitem back to the Cemetery Board for further input.
Councilmember Fitch seconded the motion.
Councilmember Wagamon said he would support further discussion with the group offering the flag, as well as with the
NAACP. The Mayor Pro Tam thanked the group for the plaque already placed there.
The motion passed 7 -0.
Councilmember Montgomery asked about changes on item J. Fire Chief Tom Grisham said the number of items was
allotted per the grant and that remaining funds could be used for prevention programming.
Councilmember Olson made a motion_ to approve and Councilmember Montgomery seconded.
The motion passed unanimously.
6. STATUTORY AGENDA
a. Presentation, discussion, and possible action to approve Ordinance 2011 -30 temporarily amending the traffic
schedule by changing the posted speed limit on a section of State Highway 19 for the duration of the Texas
Department of Transportation's (TxDOT) highway Improvement project C 109 -9-47, CSJ 0109 -09 -047, lot
reading. [Aron Kulhavy, Director of Public Works]
Aron Kulhavy, Director of Public Works, stated that TxDoT requests for changes to speed limits within the City limits •
must be done by Ordinance.
b. Presentation, discussion and possible action to approve a Resolution of Support for the US- 190/1 -10
Feasibility Study. [Bill Balne, City Manager / Gary Bushell, Attorney /Government Consultant]
City Council Meetings of April 2011 Book Ir
Councilmember Woodward made a motion to approve which was seconded by Councilmember Barrett.
The Mayor said he supported this project of a coalition of cities. Councilmember Woodward said he felt there were
benefits to improving the east -west roads through the community. The Mayor thanked consultant Gary Bushell for his
work on the project.
Councilmember Cole asked about 190 and 1 -10. Mr. Bushell said the study area was from El Paso to the Louisiana
border, encompassing 1 -10 on the western portion of the state. Mr. Bushell confirmed a freeway standard would
Involve a loop around the city. Councilmember Cole said these diversions could be very detrimental to business, also
noting concern about the width of the corridor, stated as 400'. The Mayor assured him the Tran -Texas Corridor was
no longer a possibility, and that this project predated it by quite some time.
Councilmember Montgomery asked If Huntsville would have four lanes. Mr. Bushell said the entire route was
considering four -lane divided or freeway standard. Mr. Baine, City Manager, said the City pays to be a part of the
consortium. He referred to the map of the route (below), saying that Huntsville should be worried about being
bypassed.
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The motion passed 8-1. Councilmember Cole against.
• 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Presentation, discussion, and possible action on policy governing acceptance of donations by the City of
Huntsville. [Counciimembere Cole and Barrett]
This Item was pulled for later consideration.
b. Presentation, discussion, and possible action regarding City Charter residency requirements to run and serve
on Council, and the citizen complaint brought by John Cromer concerning Councilmember Olson's residency,
or lack thereof, for the twelve months preceding the election. [Councilmember Wagamon]
Councilmember Wagamon said Councilmember Olson had had an opportunity to respond to John Cromer's inquiry,
that the Mayor had had time to consult with Councilmember Olson, and he encouraged the Council to take its time in
evaluation in terms of relevancy. The Mayor Pro Tern said he was not aware of any action appropriate for the Council
to take. The City Attorney, Leonard Schneider, asked If the Council would like to revoke attomey- client privilege.
Councilmember Olson asked if the City Attorney would consider him in conflict for the opinion. Councilmember
Woodward encouraged the City Attorney to give his opinion in open session. The City Attorney asked that the Council
vote to waive attomey- client privilege if they wished him to do so. Councilmember Wagamon read from the City
Charter Section 14.19 and 4.10, saying it was ludicrous to suggest that the Council could not enforce its own Charter.
Counciimember Filch made a motion to waive the attomev- client privilege on this issue only. Councilmember
Wagamon seconded the motion.
Councilmember Cole said that any discussion that might taint a jury would have some implication on the decision to
have the discussion in Executive Session. The Mayor suggested that the City Attorney give legal advice that would
not create any jeopardy. Councilmember Woodward restated, saying there was a formal complaint by a citizen, and
an agenda Item calling for possible action, and wanted to know what the Council's authority was to resolve the
complaint
Councilmember Olson made a motion to close debate and vote. Councilmembers Johnson and Wagamon seconded.
The motion passed unanimously.
is The original motion passed 8-1. Councilmember Cole votina against.
Mr. Schneider said the question was open to interpretation, but that the City Secretary first receives the form,
determining the form Is properly completed and that It is awom to, but does not make a determination of validity. He
said the time to contest that passed and the candidate was on the ballot. He said the time to question eligibility would
City Council Meetings of April 2011 Book "T
probably be more appropriate in accordance with Section 6.06 of the Charter, namely at the time of the canvassing of
the returns. He said he believed case law of the 1881 Texas Supreme Court [Robert Say vs. Emory Hunt] decision
showed that the City Council of a home rule city had the right to determine eligibility prior to swearing in, and a court
could not question it. However, Mr. Schneider continued, the Councilmember in this situation has taken office. He •
said it was open to question if the Council could unilaterally remove a councilmember after the councilmember had
been swam In. He said the Council did have the right to authorize an investigation and recommended hiring someone
from the outside, and had two options if that investigation determined ineligibility. The Council could then choose to
unseat the councilmember, or take the case to the District Attorney. The City Attorney said he thought the Texas
Practice and Civil Remedies Code Chapter 66 addressed a councilmember who had taken office, which was the
distinction he drew. He stated his opinion was that the appropriate course of action was for the Council to vote on
opening an investigation and that ultimately, only a court could decide it.
Councilmember Wagamon said these were serious allegations and looked forward to hearing from Councilmember
Olson. Councilmember Olson said he wanted to know if the Council wanted this presentation, or if he should pull item
7d. Councilmember Wagamon called a point of order.
Councilmember Olson said it was his understanding that not even one Councilmember other than Councilmember
Wagamon had a response to the complaint, and asked if there was truly an interest on behalf of the Council. The
Mayor said there was a complaint at the last meeting, and that he had met with Counclimember Olson after that, and
asked him to make a response in the following thirty days, and Counclimember Olson had given assurance that he
would do so. The Mayor said Councilmember Olson could decide whether to respond tonight, but that he would still
like to hear Councilmember Olson's response at some point.
Councilmember Olson wanted to know if Council wanted their time taken up in this way. Councilmember Fitch said he
thought everyone would like to put it to bed so it would not come up again at meeting after meeting. Councilmember
Wagamon said this was not a game and not hard to answer, and that Councilmember Olson had said he would
produce affidavits. Councilmember Wagamon said Constable Reed Prehoda met with the Mayor and Councilmember
Fitch last week and asked them to relate that conversation to the Council. The Mayor said that the information Mr.
Prehoda gave was something he did not feel really addresses the core issue, that it concerned a specific date and
visit, and that he did not know that it established the core question of residency. The Mayor confirmed he had read
Mr. Cromer's complaint and that that was the reason he asked Councilmember Olson to respond.
Councilmember Montgomery suggested Councilmember Olson continue with his presentation.
c. Update and review of discussion of health maintenance nurse for employee health. [Councilmember Cole] •
This item was pulled.
d. Presentation, discussion, and possible action related to a citizen complaint by John Cromer concerning
residency and other related issues. [Councilmember Olson]
Councilmember Olson apologized for reading a lengthy response. He said that Councilmember Wagamon had
attacked Councilmembers at four meetings in a row. He chronicled his experience with Mr. Cromer's complaint since
last fall, mentioning the five and a half months lapse between Mr. Cromer's complaints. Councilmember Olson gave a
powerpoint presentation (available in the City Secretary's office), including a letter from Counclimember Wagamon,
which he characterized as extortion.
Councilmember Olson said his residence is where he laid his head, and indicated with whom he lived, for the twelve-
month period prior to the election. He further discussed utility bills at the 1930 Avenue P and 2402 Settler's Way
addresses. Counclimember Olson further addressed "slanderous" remarks made in the public by Mr. Cromer. He
summed it up by calling the accusations political or emotional.
Councilmember Wagamon said that in no statement did Councilmember Olson say exactly where he was living for the
year in question, nor had produced the affidavits he had claimed he would. Councilmember Wagamon said he
intended to bring evidence to the next Council meeting to prove Councilmember Olson did not live where he said he
did. Councilmember Wagamon said Councilmember Olson had promised to present °affidavit after affidavit," that he
would have to say exactly where he was living, and that his refusal to do so was what was dragging this out.
Councilmember Johnson said he had heard the same material and had a different belief, and referred to Section 4.1 b
of the Rules of Procedure.
Counclimember Johnson made a motion to Section to remove this sublect from the agenda and not be discussed for
an indefinite period of time, pursuant to Section 8.12 of the Rules of Procedure. Councilmember Woodward seconded
the motion.
Councilmember Wagamon said it was interesting to be accused of attacking by asking for an address when it was a •
Charter requirement. Councilmember Montgomery said she believed Counclimember Olson stated he "laid his head
at Avenue P°, which she took to be his residence. Councilmember Wagamon said the legal aspect of the issue was
why he could not get Councilmember Olson to say where he lived in the manner he, Counclimember Wagamon,
wished.
City Council Meetings of April 2011 Book "W
Councilmember Barrett said he appreciated Councilmember Olson responding to the concern, and that the proper
procedure was to vote to limit or close debate, but that a vote to "ban a topic° was unprecedented in his time on
• Council, that other remedies were available in the Rules, and this was why he could not support this motion. The
Mayor said his view was very much like Councilmember Barrett's and that he was concerned about limiting content.
Councilmember Cole said he did not believe the motion was in accordance with the Open Meetings Act. The City
Attorney disagreed.
Councilmember Fitch made a motion to end debate for the evening. Councilmember Woodward seconded the motion.
Councilmember Johnson restated his motion and said it would not "ban" the topic, that it was for an indefinite period of
time.
The motion's vote was 5-4. Councilmembers Johnson, Olson. Cole. and Wagamon voting against.
Councilmember Wagamon pointed out that the motion would require a 6-3 vote, and the Mayor concurred that debate
had not closed. Councilmember Olson asked the City Secretary to confirm she had spoken to Larry Hallam, which
she confirmed. The City Attorney drew the Council back to the motion on the floor. Counciimember Montgomery said
the legal counsel's opinion was for this to be decided in a court of law, that it did not seem that the City Council
meeting was the appropriate venue, and suggested the Council move on. Councilmember Woodward asked how long
would be spent on an Issue the Council could not resolve, when there were other means to do so.
The City Attorney said the procedures were outlined and that perhaps the Council could vote on hiring someone
outside to Investigate. Councilmember Wagamon said he Intended to bring documentation and a motion to the next
meeting. Councilmember Barrett said that if the Council didn't want to discuss the issue, they didn't have to defeat the
motion a few minutes earlier. He said he felt the motion was vague as to the length of time.
The Mayor made a motion to amend, that the Council took uo the matter after thirty days. Councilmember Cole
seconded the motion.
Councilmember Olson said he had proved [his residence] and that it was In fact true that he moved to 1930 Avenue P
in 2007 and had documentation and affidavits to that effect. The City Attorney called a point of order on the
amendment.
Councilmember Montgomery said that, since Councilmember Olson had made the statement, she did not believe it
need to be revisited. Councilmember Johnson said he did not want to limit it to any time period and could postpone it
every two weeks. Councilmember Cole said he supported the amendment and would give Councilmember Olson time
to gather his documentation, and that he would like to see lt. Councilmember Wagamon said a motion to prevent
discussion was reprehensible, especially when it involved misconduct. Councilmember Barrett said Councilmember
Johnson's definition of indefinite was similar to closing debate and that he would vote against the amendment and for
the motion.
The City Attorney said that, if the motion was passed, there would need to be an agenda item to bring the item back
on the agenda. Councilmember Fitch urged care In trying to tell Councilmembers what they could and couldn't put on
the agenda. The City Attorney said he believed 8.12 was to bring an item to a head and that trying to define a time
period would not work.
The Mayor withdrew his amendment in light of the discussion. and Councilmember Cole withdrew his second.
Councilmember Olson said he made a presentation and had said what he needed to say and would make no further
statements on this In front of the Council. Councilmember Wagamon restated his Intent to place the item on the next
agenda and would call for a vote for an independent investigation. Councilmember Olson asked what lt would take to
satisfy Councilmember Wagamon. The City Attorney again called the Council back to the motion.
The Mayor said he understood that Indefinite means until the Council is prepared to take action, and the City Attorney
and Councilmember Wagamon concurred. Councilmember Johnson said he understood the Council would have to
make a decision about discussing it each time f was on the agenda, and the City Attorney said that the person
bringing the matter would state they Intended to bring a motion. The Mayor suggested that further discussion of the
Item on a subsequent agenda would require a properly made and seconded motion.
The motion passed. 8-1. Councilmember Cole voting against.
e. City Manager's Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
Mr. Baine said bids were being opened today on Highway 19, and that he was proud of TxDoT for fast - tracking
this item. He also announced the opening of Marshall's this week. Mr. Baine said the City had awarded a
• contract for the trenching at the Boys and Girls Club. He said the City had been waiting for two large generators
for water pumps and the concrete pads were being poured now. Mr. Baine said the City was following two big
deals, one of which would not work out.
2. Residential yard waste and cost of fuel.
Mr. Baine showed photos of a lot with approximately 200 bags of yard waste and said the City would be limiting
City Council Meetings of April 2011 Book "W
pickup. He said the costs of fuel and labor were increasing would affect fees.
3. Increasing fees.
Mr. Baine said that when automated garbage pickup was instituted, the public was told there would be an
Increase after two years, but that had never been done. He asked the Council to raise the fees. Mr. Baine also •
addressed items from the water capacity workshop prior to the meeting, stating two wells out of seven were down
now.
4. City of Huntsville wish list.
Mr. Bain said he had tasked the grant staff to look for ways to fund items the citizens wanted (available In the
City Secretary's office).
5. Providing for oil and gas production in certain City property in outlying areas.
Mr. Baine said he would be bringing an ordinance to consider drilling outside the main triangle of highways in the
city, and discussed possible production facilities around the airport on City property.
S. PUBLIC COMMENT
John Cromer addressed Councilmember Olson as °Clintonian° and of the Council, said he had never seen a better Texas
two-step since Burt Reynolds did it in the movie The Best Little Whorehouse in Texas.
John Weimar said he had heard that the Council had failed to deal with this Issue earlier, that litigation seemed the next
step, but should consider cost and the other work of the City.
Debra Durda said she was happy to call Huntsville her home and that she had not lain her head on the same pillow for
more than twelve nights in a row in the last five years, although she met all the requirements for anything related to
residency.
9. MEDIA INOUIRIES RELATED TO MATTERS ON THE AGENDA
Tori Brock asked what it was going to take to satisfy Councilmember Wagamon. Councilmember Wagamon said votes
taken would be affected. Tor! Brock asked Councilmember Olson if he would like to say the exact wording Councilmember
Wagamon wanted. Councilmember Olson stated °I moved to this city in 2007, lived at 1930 Avenue P, did not five
anywhere else, until I moved to 2402 Settler's Way, period,", and confirmed with her that he had already "verifiable
documents" of such to her at The Huntsville Item.
Kendall Scudder was permitted a Public Comment, and thanked Councilmember Montgomery for pulling the Item on the
cemetery flag, discussing Sam Houston's refusal to approve Texas' secession for the Civil War, and that this flag would fly •
over his grave.
10. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Counctimembers, and City staff for which
no action will be discussed or taken.)
a. Presentation of the Sunshine Review award for the City of Huntsville, concerning government transparency
on municipal web sites. [Mayor Turner]
b. On Thursday, April 7, at 5:30pm at the Walker County Courthouse Gazebo, SAAFE House will hold a
candlelight vigil in recognition of Sexual Assault Awareness Month.
c. Rededication of plaque at Courthouse for Texas Society of the Sons of the American Revolution on Saturday,
April 9, at 10 a.m., lunch to follow at the Veterans Shelter, free and open to the public.
11. EXECUTIVE SESSION
a. City Council will convene In closed session as authorized by Texas Government Code, Chapter 551.071 to
discuss current and pending litigation and possible settlement or resolution; Wes Altom v. City of Huntsville,
at al; George Russell v. City of Huntsville, at al; asserted claims by Darrell Tarvin against the City of
Huntsville, and current litigationfciaims against Entergy for overbilling on street lights. [Leonard Schneider,
City Attorney]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 - personnel matters negarding the evaluation of City Secretary Lee Woodward. [Mayor Turner]
The Council adjourned into Executive Session at 9:12pm.
12. RECONVENE
a. Take action, If needed, on items discussed in Executive Session.
The Council reconvened into session at 9:59pm.
The Mayor made a motion to sion a new contract with the City Secretary as Council had outlined. Councilmember
Woodward seconded the motion. The motion Passed unanimously. •
13. ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
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