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Minutes - 07/17/2012 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17TH DAY OF JULY 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 6:00 PM. The Council met in a regular session with the following: COUNCILMEMBERS PRESENT: Mac Woodward, James Fitch, Lydia Montgomery, Don H.Johnson, Keith D. Olson, Joe Emmett Ronald Allen,Clyde Loll COUNCILMEMBERS ABSENT: Tish Humphrey OFFICERS PRESENT:Chuck Pinto Interim City Manager,Leonard Schneider,City Attorney,Lee Woodward,City Secretary REGULAR SESSION [6:OOPM] 1. CALL TO ORDER Mayor Woodward called the meeting to order at 6:02 pm. 2. INVOCATION AND PLEDGES—Councilmember Johnson led the invocation. Lauren Worley, a student from Huntsville High School, led the pledges. 3. PRESENTATIONS AND PROCLAMATIONS - Introduction of summer interns — Blake Roach introduced Annelle Gonzales, Melva Gomez, and Christine Meine, interns in areas of the Department of Tourism and Cultural Arts. Dr.Steve Johnson, HISD,on the Bring Your Own Technology initiative Presentation by Texas Department of Transportation(TxDoT)on local projects 4. PUBLIC COMMENT Charles Smither, Jr. spoke on item 6f, reminding all that the City paid roughly$4 per square foot for the tracts of land for the Montgomery Road extension, adding that the City is being asked to donate approximately 10,000sft to Second Baptist Church and that he believed the land has value that should be considered by the City. He also said there should not be any deed restrictions placed on the property to limit its value or prevent it being placed back on the tax rolls. 5. CONSENT AGENDA a. Approve the minutes of the City Council CIP Budget Session on June 27, 2012, the Regular Session held on July 3,2012,and the Work Session held on July 9,2012. [Lee Woodward, City Secretary] b. Approve Ordinance 2012-32 setting rates and Cost of Service Adjustment with CenterPoint Energy, 2nd reading. [Leonard Schneider,City Attorney] c. Consider the purchase of one tractor and two zero-turn mowers. [Matt Lumpkins, Director of Community Services] Councilmember Montgomery moved to approve the Consent Agenda and was seconded by Councilmember Johnson. Councilmember Olson asked to pull item c. The motion passed unanimously, approving items a and b 8-0. Councilmember Montgomery moved to approve item c and was seconded by Councilmember Johnson. Councilmember Olson asked about the selection of a mower with air conditioning(AC). Matt Lumpkins, Director of Community Services, said that all equipment purchases of the last 6-8 years were with AC when possible, as it was becoming a health and safety issue due primarily to heat and time spent on equipment. Mike Clouds, Fleet Manager, noted dump trucks and similar equipment were now purchased with AC. Mr. Lumpkins noted the significant savings of$18,056 for all three pieces as compared to the replacement schedule. Councilmember Olson said he sought to save money to buy safer equipment overall and that he had a concern that enclosed mowers would be out of commission if the AC was out, adding that workers with weed-eaters and smaller mowers do not have AC either. Mr. Lumpkins noted the eight hours the workers spent on the equipment, whereas those with smaller equipment could take breaks and had shorter work times. Councilmember Allen asked about the second zero-turn mower. Mr. Lumpkin said it would be kept as a back-up mower and replaced with a smaller, more maneuverable at the cemetery and the existing mower could be used in more open park areas. Mr.Lumpkins answered a question of Councilmember Loll's about longevity,saying one item was 31 years old and due for replacement a year ago. He added that these types of items were generally on the replacement schedule for an expected life of 20 years, but that perhaps a 15-year replacement should be considered in light of current manufacturing standards. The motion passed, 7-1, Councilmember Olson voting against. 6. STATUTORY AGENDA a. Presentation, discussion, and possible action to authorize the Interim City Manager to apply for, accept if awarded, and implement the Texas Parks and Wildlife Outdoor Recreation Grant for installation of restroom facilities at the Splash Pad and adopt Resolution 2012-24 in support of same. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Fitch moved to approve the item and was seconded by Councilmembers Montqomery and Loll. . The Mayor confirmed the grant was a 50/50 match and overall project cost was expected to be about$90,000. The motion passed unanimously. b. Presentation, discussion, and possible action to approve Resolution 2012-25 authorizing the suspension of the effective date for CenterPoint's rate increase application. [Leonard Schneider,City Attorney] Councilmember Olson moved to approve the item and was seconded by Councilmember Loll Leonard Schneider, City Attorney, said this was a separate rate filing by CenterPoint for an 18% in non-gas revenue, resulting in an average$4.49 increase to purchasers. He said the Lawton Law Firm recommended the City reject the increase and send the issue to the Public Utilities Commission. The motion passed unanimously. c. Presentation, discussion, and possible action to authorize the Interim City Manager apply for, accept if awarded, and implement the 2012 SAFER grant for four (4) firefighters and adopt Resolution 2012-25 in support of same. [Dr.Sherry McKibben,Community Development Specialist] Councilmember Fitch moved to approve the item and was seconded by Councilmember Allen Councilmember Montgomery said Dr.McKibben had told her that the same grant had been applied for in 2011 and no answer had yet been received, but that Dr. McKibben said the Council could reject an award for the 2012: application if the 2011 firefighters were received. Councilmember Montgomery noted the 2012 application was for two years but did not have the 2006 or 2007 requirement to retain the employees following that. Dr. McKibben said 211 grants had been awarded but that awards were at least nine months behind. The Mayor noted the risk of not applying for 2012 and not receiving the 2011 award, and reminded the Council of their emphasis on adding firefighters. Councilmember Olson asked Chuck Pinto, Interim City Manager, if more firefighters had been added in the staff balancing of the budget,who told the Council it would be discussed when presented on July 31. Mr. Pinto noted it was a new add and should probably come from new revenue and that there was currently no new staffing in the budget. Councilmember Olson confirmed that the award would be all four or none, not two or three. Councilmember Loll asked Fire Chief Tom Grisham about Insurance Service Office(ISO)ratings and was told paid staffing allocated additional points(50% of total score), along with other factors such as water supply 40%of total score) and dispatch services (10% of total score). The Chief said the City was currently at a Public Protection Classification (PPC) rating of 3 and that reaching a 2 would require another examination and that the City would continue to work toward that goal. Councilmember Johnson asked if four additional firefighters would enable the City to reach a rating of 2 and was told it would probably take more. Councilmember Montgomery confirmed that the City would not be required to continue to employ the grant firefighters after the grant requirements were met. Councilmember Olson heard from the Chief that the equipment and location of the fire stations were good, only more staff was needed. Chief Grisham thanked the Council for their support. The motion passed unanimously, 8-0. d. Presentation, discussion,and possible action to authorize the Interim City Manager to enter into contracts ,Ifor emergency vegetative debris management service and grinding services. [Billie Smith, Procurement Manager] Councilmember Olson moved to approve the item and was seconded by Councilmember Emmett The motion Passed unanimously, 8-0. e. Presentation, discussion,and possible action to authorize the Interim City Manager to enter into a heating, ventilation, and air conditioning(HVAC)services contract. [Billie Smith, Procurement Manager] Councilmember Johnson moved to approve the item and was seconded by Councilmember Montgomery. The motion passed unanimously, 8-0. f. Presentation, discussion,and possible action on special election for disposal of Park Tract"A, consisting of 0.234 acres as dedicated in the minor plat of Montgomery Road Park, Volume 517, Page 173, Walker County, on the November 6,2012 ballot. [Aron Kulhavy, Director of Public Works] Councilmember Johnson moved to approve the item but the item was not seconded and failed 7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT a. Discussion on the selection of a permanent City Manager,standing item. [Mayor Woodward] Mayor Woodward noted SGR met with Council and staff on the search process last week, in addition to offering a fee lowered by$3,000.00. He said they were now developing a brochure and job description and that he expected they would begin soliciting applications in the next thirty days. b. Discussion on the FY12-13 budget,standing item. [Mayor Woodward] Mayor Woodward said the Council would have a session on July 31. Mr. Pinto said the staff would provide a balanced budget without a tax increase and have discussion of things the Council might want to add. He said they would be presented with a Council flexible enough to allow for a tax increase. c. Discussion on the proposed SHSU Research Park,standing item.[Mayor Woodward] Mayor Woodward said the City was working on the questions from the last Council meeting and was still reviewing information, also noting that some of the questions were more appropriate for other entities than the City. He asked that silence and thoroughness not be mistaken for avoidance. d. Presentation,discussion,and possible action to approve the nomination of Clyde Loll as a representative to the Houston-Galveston Area Council(H-GAC) Hurricane Ike Disaster Recovery Committee and Mayor Woodward as the alternate. [Mayor Woodward] Mayor Woodward made the nominations and the motion was carried unanimously. e. City Manager's Report 1. Updates on City construction,grants,studies, City projects, City purchases,and economic development. 2. Research Park and annexation process Mr. Pinto said the City was in the process of receiving a rough draft of the hotel study the City had commissioned and that several areas had been evaluated fora hotel. As a result, he said, there was a joint effort to slow the research park/annexation process, noting it was not a site elimination procedure, expecting it would take a couple of months. 3. Budget 8. PUBLIC COMMENT There were no public comments. 9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 10. ITEMS OF COMMUNITY INTEREST Mayor Woodward reminded all to vote for the fruit orchard, as the City was moving up in the rankings and encouraged visits to the weekly farmers market. He announced the new Council annual photo had arrived. Mayor Woodward said that he had been invited to the Karolyi Ranch last Saturday to see a mock competition of the U.S.Women's Olympic Artistic Gymnastics Team and how appreciative they were of Huntsville's support and the aid of the Texas Forest Service. He encouraged everyone to root for them in the Olympics and added recognition of the economic boost received by visitors to the ranch. The Mayor announced there would be a banner of support on the highway near the statue. 11. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Section 551.071 — consultation with counsel on the following legal matters; Tarvin'v. the City of Huntsville; and possible settlement of Certificate of Convenience and Necessity (CCN) service areas with Walker County Special Utility District(WCSUD). [Leonard Schneider,City Attorney] The Council adjourned into Executive Session at 7.15 pm The Council reconvened at 7.58 om 12. RECONVENE a. Take action, if necessary,on items addressed during Executive Session. Councilmember Olson made a motion to instruct the City Attorney to retain George Hyde and was seconded by Councilmember Fitch. The motion passed unanimously. Councilmember Johnson made a motion to approve a correction deed and was seconded by Councilmember Olson. The motion passed unanimously. 13. ADJOURNMENT The Mayor adjourned the rneetin at 8:& DMO Respectfully submitted, Lee Woodward,City Secreta