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Minutes - 09/25/2012 MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 25TH DAY OF SEPTEMBER 2012, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 5:30 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, Tish Humphrey,Ronald Allen COUNCILMEMBERS ABSENT: Clyde Loll OFFICERS PRESENT:Chuck Pinto Interim City Manager,Leonard Schneider City Attorney,Lee Woodward City SecretarV WORKSHOP SESSION[7:15PM]—COUNCIL CHAMBER—Council will hear a presentation on FEMA-related options for the tornado shelter. Mayor Pro Tern Johnson called the workshop to order at 7.15 pm. Mayor Woodward signed a Conflict of Interest form and did not participate. Michelle Spencer and Jack Olsta of the Walker County Boys&Girls Club presented the proposals for an increased project as below: Uar u4 X1nsc5ville Fazxi D>6anMeraax EmefpencY MflrwparSeN TE(FMI:FEY3Y Gr=urt Nsttx^at raafOeM SAFEw00M Qti('nW)F flr1)IPx[ Tol ow Bays3GUt tX s M Coax Mavn Maccn UW 5s a;<.<szm sat5,i¢s.ac sss>z=.m saa,,00eaizs sva>:.,rwu fxavmtxvn•c:v.} P6.W53n Fe�5� x:a{93ratp�osa3 12-5 TED Sd"i.,k 92".SdfiA a'Jrt'errSinlan 3. .was: xM13n:yemN:1 ;tr.fizuse' 2 t3-6-Y1(St a roar„e Me,Tmnxln:wrivaeDe nun n trrzucwsq upW �,,•is cycr p,erraxr.y r , j m5r oi9�cY'A S G:a CYa9 yref�. ee.vemz OriginaVArnanUed TOT0.t City Baya rF Ltra C.b Prnjacx�bst Matcn M."O ALVCt= LOMMWED 5x5]_'r w SK'�>52.LY S'1.:'S,II.`.G39 S-;,•v,T,[0].LC an9�%:F GYk�.=_�30+3.11• arFea'nMt iT ,f;ut ^�.°yE^:ivttMx!a�4 ,t rutrtxmtierz nt 5^5'.�3t2.M 01':ufx �rb;y+s,^a i'liTAL MaY;- �.SZ?.SliLtr,'raterR maaa;x.flexor ;nzac a�vsxrtr n�xseu- xzaszc^�u: CAmmarilY Btxla(ts:�Pnn..9-SUecmm Rv'lxal retvmx$.:x+ne�.b+reY--;aerXUma4cn rnca'x13-AL'•�Cri=?_ uriy Rescwrn.M1x b«^ssi,raa€t ale,rtu-Ii Y.urw+aeAts.:.annutm3/.'7'rAUr.wim w::t:tvuEU.anP.iEes.a s91e 9:arn rv.aCC. sq'atC z�5s'.i?5 ta3eam:n#?u-a51m. Mrs. Spencer explained the safe room would be for local residents during a natural disaster and would be of great benefit to the - users of the Club. Mr. Olsta noted the Club would sign a document of responsibility for the additional funding and that they were confident they could exceed contributions needed. Councilmember Montgomery asked about the timeline and Mrs. Spencer said there were three years from the acceptance of the grant and that Dr. Sherry McKibben, Community Development Specialist, was inquiring into an extension. Mrs. Spencer said there would be changes to the renderings and an overall two-and-a-half to three years for the funds to be raised and the project completed. Councilmember Humphrey asked about the fundraising process and was told that in 2009 the Club had discovered that the Kregse Foundation had had a freeze on funding, but that the Foundation had contacted the local Club when they began to re-fund. Councilmember Olson was told that the potential Foundation donation would cover the$613,000 plus furnishings and perhaps more to complete a Phase III project. Mrs. Spencer told Mayor Pro-Tern the original grant only covered a gymnasium but that the expansion would cover bathrooms, meeting rooms, offices for first responders, a technology center, etc. in the "hardened” area. Councilmember Fitch asked Dr. McKibben about the almost$250,000 of project administration and she said it would be from her office over three years but that a lot had already been done. Mrs. Spencer said the amount was based on 5%of the overall cost of the award. Councilmember Fitch asked what would occur if FEMA did not accept this as in-kind and Dr. McKibben said it was a "forced account" and was documented and a standard practice. Dr. McKibben added that a request for reimbursement for her office's work had not been submitted but that Club-paid invoices to the architect, etc. had been used and that she felt FEMA had agreed to this by the offering and acceptance of the contract for the grant. Councilmember Fitch said he had a concern and asked how many grants were currently being administered and Dr. McKibben said she thought it easily fifteen for the three on her staff. Councilmember Fitch said it was a lot of work and a high amount for three people,emphasizing his worries about the City having to pay out later. Mayor Pro Tern Johnson asked if FEMA would automatically accept the in-kind submitted at the end of the project. Councilmember Fitch continued, noting the risk on some grants of having to repay the entire amount and asked if there was a reason why only bathrooms could have been added as an increase to the project. Mrs.Spencer said it had arisen as a more cost-effective option for FEMA when the project was recently reviewed. Councilmember Olson asked about the office in-kind accumulated and Dr. McKibben said it was being compiled but had not been totaled as it had not yet been needed. Councilmember Olson suggested it would be helpful for the Council to have that information. Dr. McKibben and Mrs. Spencer estimated about fifty hours or about$15,000-20,000 had been completed and noted that the full match would be over the life of the construction of the project. Councilmember Montgomery agreed with Councilmember Olson in the need for better figures. Dr. McKibben said the City could have a zero match but acknowledged that staff time would still be spent. Mr. Olsta allowed that the$250,000 was a "best guess"and the maximum allowed by FEMA but that it was a maximum regardless of what actually was used. Councilmember Emmett confirmed that FEMA paid quarterly reimbursements of 75%of amounts submitted. Councilmember Allen asked the City Attorney about signing a new contract with the Club and was told it was a written memorandum of the agreement. Councilmember Fitch clarified Mrs. Spencer's hours could not be used as in-kind for the City. Councilmember Montgomery commended the Club for its service in the community and asked about Club day-to-day maintenance. Mrs.Spencer said the original agreement stated the process for the transition of the safe room to the City in disaster and that the Club would cover expenses otherwise. Mayor Pro Tern Johnson confirmed that FEMA knew the limited likelihood of tornadoes in the community and Mrs.Spencer said FEMA did and required the room have a second use. Councilmember Olson'discussed the impact of the Club's Choices program presented to all area eighth-graders and lauded their proactivity and value in the community. Councilmember Humphrey asked about a cash outlay that may come due if the in-kind was not met through administration hours. Dr. McKibben said the City would spend less by doing the work in-house as opposed to contracting and would then decrease the overall grant, adding the administration would probably come in about$125,000. She confirmed for Councilmember Montgomery that the estimate of$265,000 was if the project were contracted. Mayor Pro Tern Johnson was told FEMA would pay for what was actually spent as a percentage of the grant and Mr.Olsta confirmed the Club was prepared to meet the additional amount if in-house administration lowered costs. Councilmember Fitch was told the City now had the Club's updated financial certification letter so the matches were$18,000 in permits and about$247,000 in administration. Councilmember Montgomery noted Kregse had a range of"$1,000,000-2,500,000 and that the furnishings and internal materials estimate had not yet been received. Mr.Olsta said those could be in-kind from other companies and that they had received some indication of such, also noting the Club was seeking other grants than from Kregse. Mr. Olsta answered Councilmember Montgomery's question about what would happen if a larger grant fell short by saying that perhaps they would only complete Phase II but that he was very optimistic that they would receive enough funding for Phase III. Councilmember Olson asked if it were possible to add contingencies for different eventualities. Mrs. Spencer said that for most grants that funds had to be used for the purpose for which they were issued and that the Club could not say it could unequivocally rebate the City. Mr. Olsta said the Club felt a lot of responsibility and wished the timing could be better. Councilmember Humphrey was told the property would continue to be owned by the Club and the City would own the building and leased the land from the Club for thirty years. Councilmember Johnson thanked all and closed the workshop at 8:14 pm. SPECIAL SESSION[To follow upon conclusion of the workshop] I. CALL TO ORDER Mayor Pro Tem Johnson called the meeting to order at 8.14 pm 2. INVOCATION AND PLEDGES U.S.Flag Texas Flag: Honor the Texas Flag. l pledge allegiance to thee, Texas,one state, under God,one,and indivisible. Mayor Pro Tern Johnson led the invocation and pledges. 3. PUBLIC COMMENT a. Related to any City business not on the agenda—2 minutes per speaker b. Related to any matter on the agenda—5 minutes per speaker Tamara Chasteen spoke in support of the Boys and Girls Club and thanked the Council for their work in the difficult budgetary climate. She encouraged the City to include a donation option for non-profits on its utility bills. Rosalyn Kelly and a group of Zumba class attendees spoke(and danced)in support of the program. 4. STATUTORY AGENDA a. Presentation, discussion, and possible action to authorize the Mayor, Interim City Manager, and/or City Manager to apply for and accept, if awarded, and implement a request for an amendment to the Texas Department of Emergency,Management (TEDM)/FEMA for no more than an additional $1,850,810.00 forthe Community Safe Room and approve Resolution 2012-33 in support of same, 2nd reading. [Dr. Sherry McKibben, Community Development Specialist] Mayor Pro Tern Johnson suggested the Council adjourn into Executive Session to receive legal advice from the City Attorney on the item under Section 551.071. The Council adiourned at 8:23 pm and reconvened at 9:42 pm Councilmember Olson moved to postpone consideration of the item until a Special Session to be called for Monday October 1 at 5:30 pm and was seconded by Councilmember Humphrey. The motion passed unanimously,7-0. 5. 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 appointment, employment, evaluation, reassignment, duties, discipline,or dismissal of the City Manager. [Mayor Woodward] Mayor Woodward adiourned the Council into Executive Session at 9.44 pm 6. RECONVENE a. Take action, if necessary,on items addressed during Executive Session. The Council reconvened at 10'51 pm 7. PUBLIC COMMENT a. Related to any City business—2 minutes per speaker There were no public comments. 8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries. 9. 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.) 10. ADJOURNMENT Mayor Woodward ad'o ned the meetin t 1©:51 .m. Respectfully submitted, Lee Woodward,City Secretary