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Minutes - 11/17/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 17th DAY OF NOVEMBER 2011, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:OOPM. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: J. Turner, Mac Woodward, Jack Wagamon, James Fitch, Lydia Montgomery, Keith D. Olson, Tom Cole, Don H. Johnson, Wayne Barrett COUNCILMEMBERS ABSENT: None OFFICERS PRESENT: Bit Baine. City Manaaer: Leonard Schneider, City Attorney, Lee Woodward, City Secretary A PUBLIC RECEPTION TO THANK OUTGOING COUNCILMEMBERS AND THE MAYOR FOR THEIR SERVICE WILL IMMEDIATELY FOLLOW THIS MEETING. REGULAR SESSION [6:OOPM] 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:OOpm 2. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. 1 pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 3. PROCLAMATIONS AND PRESENTATIONS The Mayor presented his wife, Mrs. Pamela Turner, with a Proclamation of the Day in her honor. 4. PUBLIC COMMENT Cristan Shamburger read the SHSU Student Government Association Senate Resolution F11 -02, titled "The Dr. Cole Appreciation Act" commending Councilmember Cole for his support of "fiscal responsibility, small government, and student rights" and making him an Honorary Bearkat. 5. ELECTION MATTERS a. Possible action to approve Ordinance 2012 -04, canvassing the returns of the Regular Municipal Election held on the 8th day of November 2011, for the purpose of electing the Mayor and four Ward Councilmember positions; and calling a Special Election for the purpose of a proposition for the exchange of parkland and a proposition for the City Council to adopt a resolution approving the issuance of bonds by the Trinity River Authority for water treatment plant improvements, roll -call vote. [Lee Woodward, City Secretary] The Mayor made a motion to approve Ordinance 2012 -04 and was seconded by Councilmember Montgomery. Councilmember Cole made a motion to amend Section 8 of the ordinance to include "after quality control measures have confirmed the accuracy of the count by hand count of one particular box within the City" and recommended Ward 4. The motion was seconded by Councilmember Wagamon. The City Secretary noted that Texas Election Code prevented the ballot boxes from being unsealed during the mandated retention period without a court order. The amendment failed, 2 -7, Councilmembers Cole and Waqamon voting in support. A roll -call vote on the original motion was taken and the Mayor announced its passage, 7 -2, Councilmembers Cole and Wagamon voting against, 6. PUBLIC COMMENT There were no additional public comments. 7. CONSENT AGENDA a. Approve Ordinance 2012 -06, amending the budget for FY2010 -11. [Winston Duke, Finance Director] b. Approve Resolution 2012 -03, providing for the adoption of ethical and training standards for Juvenile Case Managers employed by the City of Huntsville. [Winston Duke, Finance Director] Councilmember Woodward made a motion to approve the consent agenda and was seconded by Councilmember Johnson. The Mayor announced the motion passed unanimously. 8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no 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.) a. The Music in the Park free live music series will continue Thursday evenings from 6 -8pm at parks around town through November 17, call 936- 291 -9726 or check the City website for more information. The Council presented Mayor Turner with a commemorative engraved gavel and striker plate set to thank him for his service. 10. 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 current and pending litigation, including, but not limited to, the City of Huntsville vs. the Huntsville/Walker -County Chamber of Commerce. [Leonard Schneider, City Attorney] [Councilmember Montgomery left the dais and filed a Conflict of Interest form.] The Mayor said he did not believe there was a need to go into Executive Session. He said the Court of Appeals had instructed the City to come up with a methodology for mediation. The Mayor made a motion to instruct the City Attorney to develop the methodology and was seconded by Councilmember Woodward. The Mayor announced the motion passed unanimously. City Attorney Leonard Schneider said he had previously filed a court action on his own against the Attorney General concerning a Public Information Request. He said he would now like to dismiss the case as the information he sought to protect was no longer crucial and asked the Council vote to allow him to do so. The Mayor moved that the action be dropped and was seconded by Councilmember Waqamon. The Mayor announced the motion passed unanimously. 11. RECONVENE a. Take action, if needed, on items discussed in Executive Session. 12. ADJOURNMENT Mayor Turner adjourned the meeting at 6:30 p.m. :Edward,