Minutes - 12/13/2011MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 13th DAY OF DECEMBER 2011, IN THE CITY HALL,
LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:OOPM.
The Council met in a workshop and 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,
Clyde Loll
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Bill Baine, City Manager: Leonard Schneider. City Attorney, Lee Woodward, City Secretary
REGULAR SESSION [7:OOPM]
1. CALL TO ORDER
2. INVOCATION AND PLEDGES
Councilmember Montgomery gave the invocation and guest Kyle McKenzie led the pledges of allegiance.
3. PROCLAMATIONS AND PRESENTATIONS
a. Presentation of new budget manager, Becky Rowley. [Winston Duke, Finance Director]
City Manager Bill Baine thanked Main Street Coordinator Kim McAuliffe for a "wonderful" Christmas event on the Square, along
with Kimm Thomas, Director of Tourism and Cultural Arts, and Jessica Carmona, Main Street Assistant and former City intern.
4. PUBLIC COMMENT
Walter Boyd, Sr. made comments in appreciation of several Councilmembers and staff and in support of Huntsville Community
Theatre.
5. 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 Session held on December 6, 2011. [Lee Woodward, City Secretary]
b. 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, 2 "d reading. [Mayor Woodward]
c. Approve Ordinance 2012 -05 to revise City of Huntsville Record Retention Schedule, 3rd reading. [Lee Woodward, City
Secretary]
d. 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, 2nd reading. [Leonard Schneider, City
Attorney]
Councilmember Fitch made a motion to approve the Consent Agenda and was seconded by Councilmember Olson.
Regarding item b, Councilmember Johnson asked for confirmation that the City would not automatically institute taxation if the
ordinance was passed. City Attorney Leonard Schneider said consultation with the Texas Municipal League had confirmed that
the City would have to tax eligible goods. Councilmember Allen noted vagueness in the material received and that the City
could choose in 2012 to tax for 2013 and that there were no eligible goods on the tax rolls for 2012 in the City at this time. He
recommended waiting for a clearer picture. Councilmember Montgomery agreed and asked to pull the item. The City Attorney
told Mayor Woodward the City could take the action in 2012 for 2013. The City Attorney said he had only seen cases contesting
the exemption in relation to goods from outside the country. The Mayor said the exemption might give the City some advantage
while noting there could be revenue if there were any eligible goods within the City.
The motion passed unanimously.
Councilmember Olson made a motion to table item b and Councilmember Montgomery seconded. The motion passed, 6 -3,
Councilmembers Humphrey, Olson, and Fitch voting against.
6. STATUTORY AGENDA
a. Possible action to authorize the City Manager to purchase five (5) pieces of heavy equipment, one (1) 8 yard dump
truck from Sam Pack Ford, one (1) compact excavator from Bobcat, one (1) street sweeper from Kinloch Equipment,
one (1) front end loader from Grande Truck Center, and one (1) live floor trailer from Travis Trailer. [Winston Duke,
Director of Finance]
Councilmember Johnson made a motion to approve the item with the exemption of the street sweeper (it had been announced
that it was pulled) and was seconded by Councilmember Olson.
Councilmember Montgomery confirmed the items were budgeted
The motion passed unanimously.
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b. Possible action to adopt Ordinance 2012 -09, amending the traffic schedule to ratify no parking signs on University
Avenue approximately 200 feet south of the intersection with Bearkat Boulevard, 1st reading. [Aron Kulhavy, Director of
Public Works]
Aron Kulhavy, Director of Public Works, noted the signs were placed at the request of the University and that there had been no
issues during the test period in which the signs had been erected.
c. Possible action to adopt Ordinance 2012 -08, amending the traffic schedule to ratify stop signs at the intersection of
Avenue M and 14th Street, 1st reading. [Aron Kulhavy, Director of Public Works]
Aron Kulhavy, Director of Public Works, noted the signs were placed at the request of the City during construction at the library
and that the department felt it would be beneficial for the signs to remain in place.
7. MAYOR/CITY COUNCIL AND CITY MANAGER REPORT
a. City Manager's Report
1. Updates on City construction, grants, studies, City projects, City purchases, and economic development.
Mr. Baine discussed selection of a firm for the Boys and Girls Club and asked for donations for shelving for the library. He
said it was a time of grant preparation to come forward in January. Carol Reed, Director of Public Utilities, noted there
were a total of eight areas for the rollout of automated recycling and maps were shown of the current rollout in Area #4. Mr.
Baine announced the arrival of many new computers for the library expansion.
Mr. Baine said the City had received its new chipper to be used in wildfire prevention and at the airport. He said the
Council had received a draft of the by -laws for the Community Enterprise development being worked on by the Economic
Development Ad Hoc Committee. Councilmember Johnson noted there would be additional trimming and revision.
2. Drought concerns.
Mr. Baine said drought concerns continued and press releases had gone out to help citizens identify which trees were dead
and which were undergoing seasonal change.
8. PUBLIC COMMENT
There were no public comments.
9. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
Larry Crippen, KSAM, asked for confirmation that audio of the meeting would be available.
010. 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 thanked Hannah Bryce, a graduating student at SHSU, for her hard work in filming Council meetings and the
Mayor's Minute. He congratulated the Bearkats win and encouraged the public to attend Friday's game. The Mayor repeated a prior
announcement about the H -GAC Transportation Survey available on the City website and upcoming public meetings in February.
He also thanked D'Anne Crews for the flag spreaders she donated. He also highlighted the new interactive ward map available on
the web site. The Mayor thanked Eric Pena, GIS Manager, who he noted has been hired away to the City of Houston. Finally, the
Mayor noted the Texas Research Institute for Environmental Studies (TRIES) lab at the University had been named the state lab to
study invasive species.
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]
The City Attorney noted the City had reached a tentative agreement to have the mediation according to the proposal put forth by
the Council for January 17, 2012. Mayor Woodward said the Council had decided the City Manager and City Attorney would
attend mediation and made a motion that Councilmembers Emmett and Fitch also attend. The motion was seconded by
Councilmember Olson. The motion passed, 7 -0, Councilmembers Humphrey and Montgomery did not take part in the item and
signed Conflict of Interest forms.
12. RECONVENE
a. Take action, if necessary, on items discussed in executive session.
13. ADJOURNMENT
Mayor Woodward made a motion to wish the public a Merry Christmas and a happy holiday season and was seconded by several
members of C ncil. The mo assed unanimous)
Mayor
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at 7:43 p.m.
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