Minutes - 10/17/2017
TH
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 17 DAY OF OCTOBER 2017, IN THE
CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: Andy Brauninger, Ronald Allen, Tish Humphrey, Joe P. Rodriquez, Clyde D. Loll, Tyler
McCaffety, Paul Davidhizar, Joe Emmett
COUNCILMEMBERS ABSENT: Keith D. Olson
OFFICERS PRESENT: Leonard Schneider, City Attorney; Lee Woodward, City Secretary
HURRICANE HARVEY HEROES RECOGNITION RECEPTION – 5:15-6:00 P.M.
MAIN SESSION \[6:00 p.m.\]
1. CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
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.
Mayor Brauninger gave an invocation and Greyson and Nicholas Lutterschmidt led the pledges.
3. PRESENTATIONS AND PROCLAMATIONS
- Hurricane Harvey Heroes Recognition
- Domestic Violence Awareness Month
4. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items. (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 meeting held on October 3, 2017, and the State of the City address held
on October 12, 2017. \[Lee Woodward, City Secretary\]
b. Authorize the City Manager to accept two awards from the Governor’s Office 2017 Homeland Security Grant
Program in the amounts of $75,196.00 and $11,079.00, and adopt Resolutions 2018-02 and 2018-03 in support of
same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\]
c. Approve tax sale bid for a trust property with the Property ID 25467, as recommended by the Walker County
Appraisal District. \[Steve Ritter, Finance Director\]
Councilmember Loll signed a Conflict of Interest Affidavit and did not vote on item c. Councilmember Davidhizar moved to
approve the consent agenda; the motion was seconded by Councilmember McCaffety. The motion was adopted, 8-0 for
items a and b, 7-0 for item c.
5. STATUTORY AGENDA
a. Presentation, public comment, discussion, and possible action to consider authorizing the City Manager to enter
into a lease agreement with Sealark Investments, LLC for an oil, gas, and mineral lease covering lands situated in
Walker County, Texas. \[Aron Kulhavy, Director of Community and Economic Development\]
Councilmember Humphrey moved to authorize the City Manager to enter into a lease agreement with Sealark Investments,
LLC for an oil, gas, and mineral lease covering lands situated in Walker County, Texas; the motion was seconded by
Councilmember Rodriquez. The motion was adopted, 8-0.
b. Presentation, public comment, discussion, and possible action to consider adopting Ordinance 2018-03 amending
the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations, first reading.
\[Kevin Byal, Building Official\]
First reading, no action taken.
c. Presentation, discussion, public comment, and possible action to consider adopting Ordinance 2018-01 to update
and revise the Records Retention Policy, first reading. \[Lee Woodward, City Secretary\]
Councilmember Loll moved to waive the second reading per the provisions of the City Charter and adopt Ordinance 2018-
01 to update and revise the Records Retention Policy; the motion was seconded by Councilmember Humphrey. The motion
was adopted, 8-0.
d. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to apply
for a General Land Office Disaster Recovery grant in the amount of $745,000.00, with $50,000.00 in matching funds,
and adopt Resolution 2018-01 in support of same. \[Dr. Sherry McKibben, Director of Neighborhood Resources\]
Councilmember Rodriquez moved to authorize the City Manager to apply for a General Land Office Disaster Recovery grant
in the amount of $745,000.00, with $50,000.00 in matching funds, and adopt Resolution 2018-01 in support of same; the
motion was seconded by Councilmember Davidhizar. The motion was adopted, 8-0.
e. Presentation, discussion, public comment, and possible action to consider authorizing the City Manager to
contract with Redemption Roofing to replace the Wynne Home roof in the amount of $57,074.83, and approving
Ordinance 2018-02 to amend the FY17-18 budget for same. \[Kimm Thomas, Director of Tourism and Cultural
Services\]
Councilmember Humphrey moved to authorize the City Manager to authorize the City Manager to contract with Redemption
Roofing to replace the Wynne Home roof in the amount of $57,074.83, and approving Ordinance 2018-02 to amend the
FY17-18 budget for same; the motion was seconded by Councilmembers McCaffety and Loll. The motion was adopted, 8-
0.
6. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Presentation, public comment, discussion, and possible action to consider authorizing the City of Huntsville to
intervene and join the lawsuit styled City of McAllen, et al v. State of Texas, et al, Cause Number D-1-GN-17-004766,
in Travis County, Texas, and to authorize the law firm of Bickerstaff, Heath, Delgado, and Acosta, LLP to represent
the City in this litigation. \[Leonard Schneider, City Attorney\]
Councilmember Davidhizar moved to authorize the City of Huntsville to intervene and join the lawsuit styled City of McAllen
et al v. State of Texas et al, Cause Number D-1-GN-17-004766, in Travis County, Texas, and to authorize the law firm of
Bickerstaff, Heath, Delgado, and Acosta, LLP to represent the City in this litigation; the motion was seconded by
Councilmember Rodriquez. The City Attorney clarified the cost to enter the lawsuit was $0.15 per resident in the 2010
Census, which for Huntsville was 38,548, making the City’s cost $5782.20, and that the City of McAllen had agreed to take
on any additional costs. The motion was adopted, 8-0.
b. Presentation, public comment, discussion, and possible action to consider approving an Amended and Restated
Agreement for Professional Services and Employment as City Manager with Matthew Benoit, City Manager. \[Matt
Benoit, City Manager\]
Councilmember Rodriquez moved to approve an Amended and Restated Agreement for Professional Services with the City
Manager with Section 3, “Salary,” stated as $167,216.50; the motion was seconded by Councilmember Humphrey. The
motion was adopted, 7-1, Councilmember Allen voting against.
c. Presentation, public comment, discussion, and possible action to consider approving a contract with John Gaines
as the City Judge. \[John Gaines, City Judge\]
Councilmember Humphrey moved to approve a contract with John Gaines as the City Judge; the motion was seconded by
Councilmember Allen. The motion was adopted, 8-0.
d. Presentation, public comment, discussion, and possible action to consider approving the Mayor’s nomination of
Chris Jenkins to an open position on the Planning Commission. \[Mayor Brauninger\]
The Mayor moved his nomination. The motion was adopted, 8-0.
e. Presentation, public comment, discussion, and possible action to consider approving the Mayor’s nominations for
a Charter Review Committee and instructing the Committee to select its own chair. \[Mayor Brauninger\]
The Mayor moved his nominations and instruction for the Committee to select its own chair and schedule. The motion was
adopted, 8-0. During Items of Community Interest, the City Attorney read the names of the Committee members – Mayor
Pro Tem Olson, Councilmembers McCaffety and Loll, former Mayor Jane Monday, and former Councilmember Dalene
Zender.
7. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be
taken.
No requests were received by noon on Tuesday, October 10, 2017.
8. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
Marissa Nunez of The Huntsville Item clarified the City Manager’s salary had been increased by 2.5%.
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.)
Mayor Brauninger announced:
- Early voting begins Monday, Oct. 23, at the Walker County Annex. There will be 12-hour days on Tuesdays Oct. 24 and
Oct. 31.
- Please remember our service members deployed overseas by sending care packages for Christmas. There will be a drop
box/truck at the H.E.A.R.T.S. Museum Nov. 6-10, culminating with an event (including a band and entertainment) on Nov. 10 at
the Museum. Please contact them at 295-5959 for more information and the items they need.
- Deputy City Secretary Megan Kaltenbach left the City for a new job in The Woodlands the end of last week, but perhaps
our loss is your gain! Keep an eye on the City’s HR website page for the job posting and let us know if you are the perfect new
Deputy City Secretary/Asst. PIO for the City of Huntsville!
- The Huntsville Rotary Club is hosting a Pancake Breakfast to raise money for scholarships for local graduating high school
seniors. Join them at the Veterans Memorial Fire Station from 8-11 am this Saturday!
HISD Minute! (Councilmember Loll) – Please make sure you are fully informed about the HISD Tax Ratification Election on
the Nov. 7 ballot. Visit www.Huntsville-isd.org/Penny/ and remember that either way there will be no increase in the total HISD
tax rate due to this vote. Councilmember Humphrey reminded everyone of the community input survey on the HISD website for
the new superintendent search.
CoH Clean Minute! (Councilmember Humphrey) – Thanks for helping keep Home Sweet Huntsville clean by being thoughtful
about how many people visit our community and see what kind of housekeepers we are! Not only was the Fair on the Square
an incredibly well-attended event on Oct. 7, but there are also some amazing visitor numbers from SHSU games. The SHSU
Athletic Department is comprised of 17 NCAA Division One programs which generate attendance numbers that exceed 100,000
during the academic year.
For example, from the Sept. 23 SHSU vs. Nicholls State game, there were 12,863 fans at Bowers Stadium. Head Coach K.C.
Keeler commented after the game on stadium atmosphere, saying, “\[It was\] opening day, \[a\] great crowd, I couldn’t ask for
anything more. If you are a Bearkat, you should be proud \[of\] what happened on that field today.”
Please remember how great our community is! You, the residents of Huntsville and Walker County, are who make up the City,
the County, SHSU, TDCJ, and all of our local businesses and organizations – we are proud of all of those entities, and stand
with all of you!
Councilmember Humphrey reminded all of the next Brown Bag Picnic Friendship Lunch will be on November 15 at noon.
Councilmember Davidhizar - Cancer Survivors’ Parade – We’re making plans for the Huntsville Diamonds’ Cancer Survivors
Parade this Saturday, Oct. 21. To get ready, they’re holding a Paint the Town Pink contest this week. Get all the details on the
Huntsville Diamonds Cancer Team Facebook page or call LaTeel Richardson at 936-355-9502.
Councilmember Rodriquez - Citizen’s Police Academy – Applications for the 2018 HPD Citizens Police Academy will be
available at the front desk of the police department from Nov. 6 through Dec. 29, for sessions on Monday nights from January
to April 2018. For more information on this fun annual program, please contact Officer Ryann Kaaa-Bauer at 936-291-5493.
Councilmember Allen - National Prescription Drug Take Back Day! – HPD is partnering w/the DEA to get drugs off our
streets. The event will be at Huntsville High School on Saturday, October 28 from 10-2, in the front parking lot. Call Community
Services Officer Kaaa-Bauer at 936-291-5493 for more information.
Councilmember Emmett - COME Fundraiser – The COME Center is holding a live auction, drawing, and fundraiser for their
Utility Assistance Program on Saturday, Nov. 4 at 6 p.m. Join them at the Prison Museum for a good cause, food, live music,
and more. Call 295-0671 for more information.
Councilmember McCaffety – October Events – Don’t be scared, there are lots of great City activities going on in October! Join
the Parks & Recreation Dept. at Kate Barr Ross Park from 6:30-10 p.m. on Saturday, Oct. 21 for a good scare at the Haunted
Hayride! On Saturday, Oct. 28, come downtown for fun and treats at Main Street’s annual Scare on the Square from 2-5:30 p.m.,
with Costume Contest judging at 4 p.m.
Councilmember Davidhizar presented Councilmembers Rodriquez and Humphrey with a plaque from Smoke-Free Texas,
celebrating the restrictive smoking ordinance adopted earlier this year. Councilmember McCaffety reminded all that his birthday
th
was coming up on the 30 and that this week is SHSU Homecoming.
10. EXECUTIVE SESSION
a. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.071 – consultation
with counsel on legal matters, to receive legal advice on litigation City of Huntsville v. PetersenDean Texas, Inc.,
regarding the Wynne Home. \[City Attorney Leonard Schneider\]
The Council adjourned to Executive Session at 7:19 p.m
11. RECONVENE
The Council reconvened at 7:37 p.m.
12. ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:37 p.m.
Lee Woodward, City Secretary