MIN CC 10/19/2010City Council Meetings of October 2010 Book "V'
MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF OCTOBER 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, Mac Woodward, Jack Wagamon, Charles Forbus, Lanny Ray, Dalene Zander,
Melissa Templeton, Wayne Barrett, Tom Cole
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT. Bill Baine, City Manager; Leonard Schneider, City Attorney, Lee Woodward, City Secretary
REGULAR SESSION* [6:OOPM]
1. CALL TO ORDER
Mayor Tumor called the meeting to order at 6:00pm.
2. PLEDGES OF ALLEGIANCE
3. INVOCATION
Councilmember Barrett gave the invocation.
4. PROCLAMATIONS AND PRESENTATIONS
The Mayor introduced Cheryl Turney, who presented the City with the National Institute of Governmental Purchasing
Award. Ms. Tumey described the excellence of the award and congratulated the City, the Finance Department and Billie
Smith.
The Mayor thanked Hattye Owens for her service to the Huntsville Arts Commission and presented her with a plaque.
The Mayor presented a Proclamation in honor of Municipal Court Week.
The City Secretary announced the Fall 2010 Intems would present themselves to Council. The interns are:
Jessica Carmona - Main Street
Amanda Howell - Wynne Home
Thomas Graham - Health Inspections
Kemberly Sargent - Customer Service
(Steven Provenza, GIS Intern, was not able to attend.)
STATUTORY AGENDA Item 8e was handled out of order. - Presentation, discussion, and possible action regarding
City of Huntsville v. Texas Attorney General, appeal of administrative decision OR2009- 15185. [Leonard
Schneider, City Attorney] (See minutes below where item appears as Be.)
EXECUTIVE SESSION item c was handled out of order. - City Council will convene In glosed session as
authorized by Texas Government Code, Chapter 551; Section 51.071 — consultation with counsel on legal matters
Including current and pending litigation, Including, but not limited to, the City of Huntsville vs. the
HuntsviileMalker- County Chamber of Commerce. [Leonard Schneider, City Attorney]
The Council adiourned at 6:15om and reconvened at 6:24om. (No action was taken, and Mr. Schneider left the
meeting at this point.)
5. PUBLIC COMMENT
There were no public comments.
6. 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 thee of October 2010, and of the special sessions
held on October 2nd, 0, and 10 . [Lee Woodward, City Secretary]
b. Approve Ordinance 2011 -01 amending the budget for FY09 -10. [Winston Duke, Finance Director]
c. Approve Ordinance 2011 -02 amending the budget for FY10 -11. [Winston Duke, Finance Director]
Councilmember Forbus made a_ motion-to _approve the Consent Agenda. Councllmember Templeton seconded the motion.
Councilmember Forbus noted a correction was required to the minutes of October 5, 2010, in order that the final vote on
the contract for Dr. McKibben reflect that Councilmember Forbus voted against the measure instead of showing
City Council Meetings of October 2010 Book "W
Councilmember Ray voting against. The City Secretary corrected the minutes.
The motion Passed unanimously.
7. STATUTORY AGENDA
a. Presentation, discussion, and possible action to authorize City Manager to enter into a contract with Ferrara's
HVAC in the amount of $43,283.00, to perform controller Improvements to the HVAC system at City Hall.
[Aron Kulhavy, Director of Public Works]
Councilmember Forbus made a motion to approve. Councilmember Ray seconded the motion.
Councilmember Forbus asked if this was part of environmental controls discussed at a past Texas Municipal League
(TML) seminar. City Manager Bill Baine characterized City Hall as "either off or on', resulting In higher utility bills. Mr.
Baine said this is an Integrated control system reviewed by engineers, that the equipment in City Hall very old, and
that the bid went through a competitive bid process.
Councilmember Forbus asked If the item had been budgeted for, and Mr. Baine said it was. Councilmember
Templeton asked about local vendors, to which Mr. Baine responded that he believed there were no local responsive
bidders. Billie Smith, Procurement Manager, said the ten local vendors in the phone book had been contacted, five of
whom requested and were sent bid packages.
The motion Passed unanimously;
8. MAYORICITY COUNCIUCITY MANAGER►CiTY ATTORNEY REPORT
a. Presentation, discussion and possible action on budget adjustment. [ Councilmember Woodward]
Councilmember Woodward said employees did not receive a Cost of Living Adjustment or step wage this year,
although there was an Increase in their healthcare costs, at a minimum of $36 per year. He said the total annual
increase, generally, was about $63,175.80, compared to the Cliy's savings of $225,400 as a result of moving to TML.
He said he would like to make a motion that the Council refers this to the Finance Committee for review and
recommendation to see if employees could be brought egual to last year, Councilmember Forbus seconded the
ion. Councilmember Woodward amended his motion that it would be a one -time absorption of the expense. that
he was not oroposing an annual item. Counciimember Forbus said he agreed.
The motion passed unanimously.
b. Presentation, discussion and possible action on recommendations from the Hotel/Motel Occupancy Tax
(HOT) Board. [ Councilmember Forbus]
Councilmember Forbus said he would like to bring the Hotel Occupancy Tax (HOT) Board recommendations to the
Council (see below).
2MO -2011— HOT FUND GRANT App on Recommendations of 1018A0
Councilmember Forbus made a motion to accept the HOT Board recommendations. Councilmember Zender
seconded the motion.
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Councilmember Forbus made a motion to accept the HOT Board recommendations. Councilmember Zender
seconded the motion.
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City Council Meetings of October 2010 Book "V"
Dr. Sergio Ruiz was also permitted to discuss the Latin Festival, and said more information would be available at
www.shsu.eduimusic. Mr. Baine reminded the Council that HOT funding for events was self - correcting, and that the
City was moving to larger events. Mr. Balne also pointed out the improvements to the Gibbs - Powell Home from prior
funding. Councilmember Zander said she was excited about the diversity of the potential events, that she expected
they would bring a lot of people Into the area.
Councilmember Ray also endorsed the recommendations, and reminded all that the Rodeo would be improving
events and adding an extra night. He said HOT money had not been used for historic preservation or events in the
past, and described the spending of the money on these types of events as a positive shift In paradigm.
Councilmember Templeton said she appreciated the work of the HOT Board.
The motion passed unanimously.
c. 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 said he anticipated the case finishing this week, at least presentation and argument. He said the
press had been covering the item fairly well.
d. Presentation, discussion and possible action to discuss amendment to 1976 Raw Water Supply Contract with
Trinity River Authority (TRA). [Mayor Turner]
The Mayor reminded the Council that the monthly water item was not handled during the last meeting, but that the
packet contained information regarding the Trinity River Authority contract and amendment, as resource materials.
Councilmember Ray pointed out that this information was public record, that it could be seen that the Council had
secured additional water, and the amendment to the initial TRA contract. He said it was important to point this out
when the City had been slandered In an effort to spook citizens, and that elected officials had an obligation to correct
the record. He referred to a political action committee (PAC) from Houston, called Hometown Huntsville, whom he
said had sent out mailers implying the Council was trying to cancel a contract it had just extended.
Councilmember Ray said the PAC's finance report showed Hometown Huntsville was completely financed by an
individual who manages HOT funds for other cities. The Mayor confirmed the documents were on the City website as
part of the agenda packet.
Councilmember Forbus clarified that the Council had an agreement to continue water supply to the City at current
rates until 2020, and at the going rate for fifty years to follow that.
Councilmember Wagamon said he wanted to reiterate that there was a difference between capacity to process water
and the availability of the water. He said one way to improve firm yield (now calculate by a certain number of pumps
going down at the same time, he said) would be to have redundancy in the system, by having redundant pumps, to
overcome the Texas Commission on Environmental Quality's (TCEQ) evaluation. Councilmember Wagamon said the
expense of another pump was nothing like having to build a water plant.
Councilmember Forbus said Carol Reed, Director of Public Utilities, had recommended drilling a new welt, as it
appeared the City would have to, which would accomplish this redundancy.
Councilmember Woodward reminded the City was involved in both rate and capacity studies currently. He said it was
Important to look down the road and plan for the future. The Mayor said it was important to recognize the significance
of water and address it continually.
Councilmember Forbus said the studies were important, and that he agreed with Councilmember Woodward. Mr.
Baine said a well had been lost, so a new one would have to be engineered and drilled in the current budget. Mr.
Baine said he was still wailing for generators on some wells, and hoped all the big wells would have them by the next
hurricane season.
Councilmember Woodward assured Councilmember Ray there was not conspiracy about a secret water project In the
north part of the county, and that he hoped the water could be used to attract industry.
e. Presentation, discussion, and possible action regarding City of Huntsville v. Texas Attorney General, appeal
of administrative decision OR2009- 15185. [Leonard Schneider, City Attorney]
(Handled between Presentations and the Eirecutfve Session Item also handled out of order.)
City Attorney Leonard Schneider clarified that there are exceptions to the Texas Public Information Act, and explained
the importance of. the attomey - client privilege in society. He said one can send the Texas Attorney General (AG) a
request for a letter opinion to redact or withhold information, and, in this case, the City Attorney wrote the AG one day
past the deadline. The AG issued a letter opinion that the attomey- client privileged documents must be released. The
City Attorney said he informed the City of his mistake, and was pursuing an objection to the AG`s opinion at no cost to
the City. Mr. Schneider said he has exercised his right of administrative appeal on behalf of the City, and is handling it
City Council Meetings of October 2010 Book °V"
himself.
f. City Manager's Report
1. Christmas events •
The City Manager thanked the Directors for their work in the past year, saying they had done a magnificent job.
He introduced Kimm Thomas, Director of Tourism and Cultural Arts, and Kim McAuliffe, Main Street Coordinator,
saying he was very appreciative of Mrs. McAuliffe's efforts and that she had worked creatively and made a
difference.
Mrs. McAuliffe first presented information on Scare on the Square on October 30th, and then the Huntsville for the
Holidays events on December 3rd -e.
2. Scare on the Square
3. Town Creek update, if received
Mr. Balne said the money had not been received, but that he was very hopeful.
4. Signs In rights -of -way
Mr. Balne thanked the citizens for moving political signs out of the right -of -way, and asked for continued
cooperation, saying they had done a marvelous job. He also mentioned that he would like to bring something up
at the next meeting concerning a new hotel, and would probably be asking for a small subsidy in the range of
$15,000- 20,000.
9. PUBLIC COMMENT
Connie Heiland spoke about the upcoming Huntsville Community Theatre production of "Smoke on the Mountain' at First
Christian Church.
10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no media Inquiries.
11. 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.)
The Mayor announced the Big Sam Statue's sixteenth anniversary coming up on Friday, October 22, the date of the first
presidential election in the Republic of Texas, saying there would be birthday cake and punch at the Statue from 3-5pm.
He then announced the Junior Service League's Pistols and Pearls fundraiser, also on Friday, and announced
Councilmember Ray's birthday.
Councilmember Barrett was happy to report that about 4:15pm today, the Huntsville High School Military Marching Band
earned three "I" ratings at the University Interscholastic League (UIL) competition in The Woodlands. He also thanked the
band director, the superintendant, and the school board, for their support of the band.
Kimm Thomas announced travel counselors were coming to Huntsville on Wednesday, October 20 as a part of the Texas
Travel Industry Association and Texas Department of Transportation case study of Huntsville. She said these were the
people working throughout the state who sold the City to people coming in. She encouraged everyone to welcome them if
they saw them out in the City.
Councilmember Forbus said Mrs. Thomas had developed very good measurement tools for the projects the HOT Board
was funding, to aid in evaluation.
Mrs. Holland announced that in the last week, a partnership had been formed with the SHSU Webb Society and there
would be a fully costumed historic tour of Oakwood Cemetery as part of Scare on the Square.
12. 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 evaluation of City Secretary Lee Woodward. [Mayor Tumor]
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section
551.074 - personnel matters regarding the evaluation of City Manager Bill Balne. [Mayor Tumor]
c. City Council will convene In closed session as authorized by Texas Government Code, Chapter 551; Section
51.071 — consultation with counsel on legal matters Including current and pending litigation, Including, but
not limited to, the City of Huntsville vs. the HuntsvilleMalker -County Chamber of Commerce. [Leonard
Schneider, City Attorney]
The Council adioumed into Executive Session at 6:15am for item c (handled out of order near the beginning of the
meeting). The Council reconvened at 6:24am.
City Council Meetings of October 2010 Book "V
The Council adjoumed into Executive Session at 7:22om. (Counclimember Ray did not attend this Session.)
113. RECONVENE
0 a. Take action, If necessary, on Item addressed during Executive Session.
The Council reconvened from the second Executive Session at 8:16pm.
The Mayor made a motion to instruct the City Attorney to draft new contracts for the Charter Officers as defined by gN
Council. Councilmember Zender seconded the motion.
The Mayor said the performances of the City Manager and City Secretary over the past year had been exemplary, and that
it had been his pleasure as Mayor to work with them.
The vote passed, 8-0. Councilmember Ray not in attendance.
14. ADJOURNMENT
The meeting was adjourned at 8:1
Secretary
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