Minutes - 12/06/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 6th DAY OF DECEMBER 2011, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M- IN- T- HE- CI -TY- OF- Hl-1N-TSV- ILL-E— COl1N -OF WALKER, TEXASAL5.00PM
The Council met in a workshop and regular session with the following:
COUNCILMEMBERS PRESENT: J. Tumer, Mac Woodward, James tic , y is on gomery; Keith D. Olson, Tom Cole, Don -I -Johnson, Joe
Emmett, Tish Humphrey, Ronald Allen, Clyde Loll
COUNCILMEMBERS ABSENT: Jack Wagamon, Wayne Barrett
OFFICERS PRESENT: Bit Baine. City Manager, Leonard Schneider, City Attorney. Lee Woodward. Citv Secretary
RECEPTION [5:OOPM] - A Public Reception was held to give the public time to visit with the newly - elected City
Council and the City of Huntsville autumn Interns.
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. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
3. ELECTION MATTERS
a. Administer the Oath of Office to the newly- elected City Councilmembers. [Judge Danny Pierce]
b. Possible action to elect the Mayor Pro -Tem. [Mayor Mac Woodward]
Councilmember Humphrey made a motion to nominate Councilmember Johnson and was seconded by
Councilmember Montgomery. Councilmember Allen made a motion to nominate Councilmember Fitch but was not
seconded. The Mayor announced the motion passed, 7 -1, Councilmember Allen voting against and
Councilmember Johnson abstaining and filing a Conflict of Interest form.
4. PROCLAMATIONS AND PRESENTATIONS
Presentation of the autumn interns.
Blake Roach introduced Darrell Roberts in Public Works, Deana Tyler in Main Street, Kelsey King in the Wynne Home,
and Javier Hidalgo in Solid Waste /Recycling.
Thank yous from Mayor Woodward
Mayor Woodward thanked everyone who helped sponsor the reception prior to the meeting.
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 Regular Sessions held on November 1 and 17, 2011, and the
version of the November 17, 2011 minutes for the Election Register. [Lee Woodward, City Secretary]
b. Authorize the City Manager to apply for, accept if awarded, and implement a Texas Hazard Mitigation Grant
Program grant for wildfire mitigation in the amount of $341,139.00, with a 25% match, both in -kind and
cash, of $85,285.00, and approve Resolution 2012 -07 in support of same. [Dr. Sherry McKibben,
Community Development Specialist]
c. Authorize the City Manager to apply for, accept if awarded, and implement the Kresge Foundation Grant
for $2,500,000 for Phase 2 of the Boys and Girls Club, with previously awarded matches, and approve
Resolution 2012 -06 in support of same. [Dr. Sherry McKibben, Community Development Specialist]
d. Authorize the City Manager to apply for, accept if awarded, contract with selected engineer, and implement
the Hurricane Ike 2.2 grant funded through the General Land Office for $498,332.00, including a match of
$54,048.00, to purchase and install generators at three water wells, and approve Resolution 2012 -05 in
support of same. [Dr. Sherry McKibben, Community Development Specialist]
e. Approve Resolution 2012 -04, a revision of Resolution 2011 -20 for the Texas Capital Fund Main Street
Improvement Program, due to .additional- requirements_for verbiage _inclusion_ by the grantor. [Dr. Sherry
McKibben, Community Development Specialist]
f. Ratify the contract acceptance by the City Manager for the Sprite Sparks Grant in the amount of
$35,000.00. [Dr. Sherry McKibben, Community Development Specialist]
g. Approve the Hotel Occupancy Tax (HOT) Board recommendation of pledge to the SHSU NCAA 2011 FCS
playoff bids of $7,000 per game for up to three games to be held in Huntsville in December 2011. [Kimm
Thomas, Director of Tourism and Cultural Arts]
h. Approve Ordinance 2012 -05 to revise City of Huntsville Record Retention Schedule, 2nd reading. [Lee
Woodward, City Secretary]
Councilmember Johnson made a motion to approve the consent agenda and was seconded by Councilmember
Montgomery.
-- otmciimemneri u-mpnrey-asKed -ro pail 'item h- Councilmember Olson asked-to pull item b.
The Mayor announced the motion passed unanimously, 9 -0.
Councilmember Olson asked about a portion of item b was outside the City limits. The City Manager said the City
had to build defensible zones around the City. Councilmember Olson asked if the County had been asked to
contribute to the match and the City Manager said a good deal of services had been done and that the City was
"on track" to spend much more than that already. Councilmember Fitch made a motion to approve the item and
was seconded by Councilmember Loll. The motion passed unanimously. 9 -0.
Councilmember Humphrey asked about what the Ordinance would cover and the City Secretary said a complete
Records Retention Schedule had been reviewed by all City departments and in consideration of updates from the
Legislature and the Texas State Library and Archives Commission (TSLAC). Ms. Woodward stressed a primary
concern was the historical value of the Council audio and video and the ease of retaining it. Councilmember
Johnson said he believed the item had validity but felt more time and review was needed. Councilmember
Johnson made a motion to table the item and was seconded by Councilmember Montgomery. The motion passed
unanimously, 9-0.
7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. Possible action to approve Ordinance 2012 -02, amending Chapter 42, Article V, of the Code of Ordinances
of the City of Huntsville, Texas, by adding a new Section 42.109, entitled "Taxation of Tangible Personal
Property in Transit "; providing for the ad valorem taxation of tangible personal property in transit or
"super Freeport" goods pursuant to Section 11.253 of the Texas Tax Code; providing a severability clause;
providing a repealer clause, 1st reading. [Mayor Woodward]
City Attorney Leonard Schneider discussed the ability of the City to void an exemption on goods stored in
warehouses in the City limits, provided the ordinance was passed in this calendar year. He said the Texas
Legislature now required that cities must pass the Ordinance yearly. Winston Duke, Finance Director, said he
believed it was applicable to goods in any state, although Chief Appraiser Raymond Kiser was unsure, although he
believed the intention had been for finished goods. The City Manager said the City did not currently tax such
goods but that passage of the goods ensured the continuation of the ability of the City to do so.
Councilmember Johnson said it would be good to know what occurs in similar cities and asked for more research
from the City Attorney. Councilmember Olson reminded all that the Council believed it did not have to collect the
tax even if it passed the ordinance and recommended not letting the opportunity pass by.
b. Possible action to approve nominations to Council Committees. [Mayor Woodward]
The Mayor made a motion to approve the nominations and was seconded by Councilmember Olson. The motion
passed unanimously.
c. Possible action to approve nomination of Chandra Steinback, City of Huntsville Assistant Community
Development Specialist, to replace Lydia Montgomery as the alternate representative to the H -GAC
Sustainability Consortium. [Mayor Woodward]
The Mayor noted he had discussed the item with Councilmember Montgomery and that she felt the committee was
not appropriate for elected officials. Councilmember Johnson made a motion to approve and was seconded by
Councilmember Humphrey. The motion passed unanimously.
d. Possible action to nominate Councilmember Lydia Montgomery to the H -GAC Governmental Advisory
Committee to be considered for the Regional Plan for Sustainable Development. [Mayor Woodward]
Councilmember Humphrey made a motion to approve and was seconded by Councilmember Loll. The motion
passed unanimously.
e. Possible action to approve Resolution 2012 -05 in support of Trinity River Authority (TRA) moving forward
on plans for expansion of water plant. [Mayor Woodward]
Councilmember Loll made a motion to approve and was seconded by Councilmember Montgomery.
Councilmember Olson thanked Mr. Sims for being present and for the TRA's assistance throughout the process.
The motion passed unanimously, 9-0.
f. Possible action to approve Ordinance 2012 -07, authorizing participation with other Entergy service area
cities in matters concerning Entergy Texas, Inc. before the Public Utility Commission and the Federal
Energy Regulatory Commission in 2012, regarding Entergy's proposed rate increase request, 1st reading.
[Leonard Schneider, City Attorney]
The City Attorney informed the Council that the Lawton Law Firm was annually hired by the group of cities to fight
proposed rate increases by Entergy and that they were almost always successful in having the rates lowered,
noting that Entergy paid the fees for the firm. Councilmember Humphrey asked whether the City would receive the
same rates if the City did not join in the deferral and the City Attorney said it would not. The Mayor said local
g.
Entergy representative Stan Foley had contacted him and was happy to answer any questions.
City Manager's Report
1. Uodates on City construction, grants, studies, City projects, City purchases, and economic
development.
Mr. Baine congratulated the Bearkats and thanked Kim McAuliffe, Kimm Thomas, and Matt Lumpkins for the
great Christmas events over the weekend. He noted employee Bobby Isaac would be returning to duty from a
serious accident. Mr. Baine encouraged donations to the library, noted $170,000.00 of computers had
arrived, and that the library hoped to be open in January. He said the plans for the bathrooms at Kate Barr
Ross had been received and dirt work had started on the new ball field. Mr. Baine said Town Creek
engineering was proceeding.
2. Wildfire report
Mr. Baine asked for a work session on fire reduction to plan for further drought. He also announced recycling
rolling out in Area #4. Mr. Baine said "big money" budgeted fleet items would be on the next few agendas and
that the City was moving ahead with the purchase of a chipper. He announced the Town Creek Retirement
Center groundbreaking earlier in the day and that an Olive Garden Restaurant had been permitted and was
beginning to prepare a site.
8. PUBLIC-COMMENT
There were no public comments.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
There were no inquiries.
10. 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 )
Mayor Woodward announced the next meeting on December 13 at 7pm so the Council could attend the Tree of Angels.
He said the Bearkat playoff game would begin Saturday at 11 am. Mayor Woodward said there would be a Zumba food
drive from 8 -9pm at the MLK Center and attendees should bring a food item to donate.
He said there would be an Area 4 Recycling meeting on Thursday evening at the Walker Education Center. The Mayor
announced the first phase of the H -GAC planning on transportation and that there would be public meetings in the
community in February.
Councilmember Humphrey also thanked the volunteers who put on the reception prior to the meeting.
11. 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]
Council adjourned into Executive Session at 7:07 p.m.
12. RECONVENE
a. Take action, if needed, on items discussed in Executive Session.
Council reconvened at 7:59 p.m.
The City Attorney asked the Council to authorize him to set mediation in the Chamber case for January 17, 2012
and was moved by Councilmember Olson and seconded by Councilmember Johnson. Councilmember Fitch
reminded all that the Court of Appeals had ordered the parties to go to mediation and the City Attorney said he
would take the proposal to the Court and opposing counsel. The Mayor confirmed the proposal was in accordance
with the Open Meetings Act. Councilmember Fitch and the City Attorney discussed the fact that the mediation did
not require a settlement. The motion was passed unanimously, 7 -0, with Councilmembers Montgomery and
Humphrey abstaining and filing Conflict of Interest forms.
13. ADJOURNMENT
May. Woodward
urned� e meeting at\53:03 p.m.
Lee We
dward, City Secretary