MIN CC 10/16/2007f]
CITY COUNCIL MEETING OCTOBER 16, 2007 BOOK "U"
67
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 16TH DAY OF OCTOBER, 2007, IN THE CIT
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 members present:
COUNCILMEMBERS: OFFICERS:
J. Turner Kevin Evans, City Manager
Mickey Evans Dalene Zender Danna Welter, City Secretary
Clarence Griffin Mac Woodward Thomas Leeper, City Attorney
Jim Willett Melissa Mahaffey
Jack Choate Wayne Barrett
CALL TO ORDER [6:00 p.m.]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION
Councilmember Barrett led the invocation.
PRESENTATION
a. Scott Atnip, Huntsville's Promise Director introduced the 2007 -08 Youth Council.
b. Proclamation — Huntsville Public Library's 40" Birthday
PRESENTATION AND PUBLIC COMMENTS
regarding the November 6, 2007, Bond Election for the constructing, acquiring, improving and equipping a new fir
station to serve the portion of the City east of Sam Houston Avenue.
No public comments.
PUBLIC COMMENTS (Agenda Items Only)
1. Anne True. Ms. True asked City Council why the City would spend money improving the Trinity River Authority's
plant when it was not owned by the City.
CONSENT AGENDA
a. Consider minutes of September 18 and October 2, 2007. [ Danna Welter]
b. Approve Resolution 2007 -10 -16.1 assigning the authority to issue single family bonds to Walker County which is the
sponsoring jurisdiction of the Southeast Texas Housing Finance Corporation.
Councilmember Woodward made a motion to approve the consent agenda. and Councilmember Willett seconded
the motion. The motion passed unanimously.
STATUTORY AGENDA
a. Authorize the City Manager to enter into a contract with the Texas Department of State Health Services for the purchase
of flu antivirals in a quantity and monetary amount determined by Council, as presented by Jean Sanders, Director o
Public Safety.
A severe flu pandemic would put millions of Texans at risk of serious illness and tens of thousands at risk of dying.
Stockpiling antiviral medication is one approach to mitigating the effects of an outbreak. The Federal Department of
Health and Human Services, through the Texas Department of State Health Services, has provided public entities an
opportunity to purchase antivirals at a subsidized rate using the federal contract. These antivirals would be released for
usage when a pandemic influenza - specific public health emergency is declared by federal and/or state officials for
affected City employees.
Councilmember Woodward made a motion to authorize the City Manager to enter into a contract with the Texas
Department of State Health Services for the purchase of 340 flu antivirals and Councilmember Evans seconded the
motion.
Councilmember Choate made a motion to amend the motion to authorize the City Manager to enter into a contract
with the Texas Department of State Health Services for the purchase of 400 flu antivirals and Councilmember Griffin
seconded the motion The motion passed unanimously.
b. Authorize the City Manager to enter into a contract with Brown and Gay Engineering Inc., to perform engineering, design
and inspection for an iron and manganese removal filtration system not to exceed $115,250.00, as presented by Bill
Daugette.
Brown and Gay performed a preliminary engineering study for an iron and manganese filter system for the Spring
Creek Water Plant in February 2007. At that time there was a pilot test performed and the results determined that a filter
system would be effective.
FISCAL IMPACT or FUNDING SOURCE:
Cast for professional services not to exceed $115,250.00 funded from account 701 -7048- 62300; Account balance
$1,609,830.00.
Councilmember Choate made a motion to authorize the City Manager to enter into a contract with Brown and Ga
Engineering Inc. to perform engineering, design and inspection for an iron and manganese removal filtrations stem not to
CITY COUNCIL MEETING OCTOBER 16, 2007 BOOK "U" 68
exceed $115.250.00, and Councilmember Barrett seconded the motion. The motion passed unanimously.
c. Authorize the City Manager to enter into a contract with Dunham Engineering, to perform engineering, design an
inspection of the 2 Million Gallon Hydro pillar painting project at a cost not to exceed $65,000.00, as presented by Bit
Daugette.
The 2 Million gallon hydro pillar at the Palm Street Water Plant was approved to be painted and rehabilitated by
council in the capital portion of the 2007/2008 budget. Staff has solicited the professional services of Dunham
Engineering to perform engineering, design and inspection of the Palm Street tank painting project.
FISCAL IMPACT or FUNDING SOURCE:
Cost for professional services not to exceed $65,000.00 funded from account number 701 - 7042- 62300; Account balanc
$727,020.00.
Councilmember Woodward made a motion to authorize the City Manager to enter into a contract with DunharT
Engineering, to perform engineering, design and inspection of the 2 Million Gallon H dro pillar painting prolect ata cost nott
exceed $65.000.00, and Councilmember Mahaffey seconded the motion. The motion passed unanimously.
d. Approve Resolution Number 2007 -10 -16.2 authorizing the Trinity River Authontyto enter into an Engineering Service
Agreement with Alan Plummer and Associates for improvements to the TRA Plant in an amount not to excee
$878,000, and to invoice the City of Huntsville for the cost of said agreement, as presented by Bill Daugette.
During the 2007 -2008 budget presentations the need to make improvements to the Huntsville Regional Water Suppl
System plant, also known as the TRA plant, was presented to council. The issuance of Revenue Bonds to fund th
engineering and design costs associated with the improvements was approved by council on October 2, 2007. By approvin
this agenda item the City of Huntsville will authorize the Trinity River Authority (TRA) to enter into an Engineering Service
Agreement with Alan Plummer Associates, Inc. for the Engineering and Design of improvements to the TRA plant, locate
north of Huntsville on Wallace Road, and invoice the City of Huntsville for those costs.
The Trinity River Authority owns and operates the TRA water plant located north of Huntsville on Wallace Road and
based on the results of an evaluation performed in 2006 -2007, improvements are required to insure the plant will be able t
continue to operate within TCEQ and EPA guidelines. The evaluation also recommended a change in the manner in whit
sludge is disposed. As the sole customer of the plant, the City of Huntsville is responsible for all costs associated with it
operations. This engineering and design contract is the first step towards making those improvements.
FISCAL IMPACT or FUNDING SOURCE:
$858,000 for "Basic Engineering Services" as described in Article VI, Section A of the attached Engineering Service
Agreement and a $20,000 Contingency for "Special Services" as described in Article IV of the same agreement. Funds fo
this project were included in the bond issue approved by Council on October 2, 2007.
Councilmember Willett made a motion to approve Resolution Number 2007 -10 -16.2 authorizin the Trinity Rive
Authority to enter into an Engineering Services Agreement with Alan Plummer and Associates for improvements to the TRA
Plant in an amount not to exceed $878,000, and to invoice the City of Huntsville for the cost of said agreement, an
Councilmember Griffin seconded the motion.
Councilmember Barrett made a motion to table this item and Mayor Turner seconded the motion. Ma or Turner an
Councilmembers Barrett MahaffeV and Zendervoted for and Councilmembers Choate Griffin Evans Willett and Woodwar
voted against. The motion failed 4 -5.
Ma or Turner made a motion to redraft the contract to reflect the budget work session discussions and Councilmembe
Mahaffey seconded the motion.
After discussion, Mayor Turner, with Councilmember Mahaffey concurring withdrew his motion.
A vote was taken on the original motion. Councilmembers Choate Griffin Evans Willett Woodward and Zender vote
for. and Mayor Turner and Councilmembers Barrett and Mahaffey voted against. The motion passed 6 -3.
e. Authorize the abandonment of the existing rights of ways and allow the developer to proceed with platting an
development of property in the Meadow at Horse Creek Subdivision, as presented by Stan Hamrick, City Planner.
This item is a request to abandon the rights of way that are located in the cul -de -sac at the end of 1"Street and situate
in the P. GRAY SURVEY, Abstract No. 24, in the City Limits of Huntsville, Walker County, Texas. The rights of way to b
abandoned are located at the corners of 1" Street and Bernice Drive on Lot 3 and Lot 35, and directly across from 1s' Stree
on Lot 21 and the Reserve Lot.
The developer's intention of the Meadow at Horse Creek Subdivision is to create affordable, single family residentia
homes in the community.
The Planning & Zoning Commission considered and approved the final platforthe Meadowat Horse Creek Subdivisio
on September 10'", 2007; in addition, there were no citizen comments orconcerns regarding the subdivision at the Planning
Zoning Commission meeting.
The abandonment of the rights of way will allow the developer to open the cul -de -sac and create a new street, Bernice
Drive. The abandonment of the rights of way are necessary for the design and function of the new street.
FISCAL IMPACT/ FUNDING SOURCE:
Fiscal Impact: none
Funding Source: none
Councilmember Woodward made a motion to authorize the abandonment of the existing rights of was and allow the
developer to proceed with platting and development of property in the Meadow at Horse Creek Subdivision an
Councilmember Zender seconded the motion. The motion passed unanimously.
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CITY COUNCIL MEETING OCTOBER 16, 2007 BOOK "U" 69
f. Consider and take action on Entergy Gulf States, Inc.'s proposed change of rates for electricity utility service to
customers within the municipal boundaries of the City of Huntsville, Texas, and possibly authorize participation with
other municipalities in undertaking statutorily authorized efforts to determine reasonable rates, as presented by Thomas
Leeper, City Attorney.
This item is to consider Entergy Gulf States, Inc.'s ( "EGSI ") proposed change of rates for electricity utility service to
customers within the municipal boundaries of the City of Huntsville, Texas (including whether to approve or denythe change
or to suspend the effective date) and possibly authorize participation with other municipalities in undertaking statutorily
authorized efforts to determine reasonable rates.
The Public Utility Regulatory Act ( "PURA ") grants exclusive original jurisdiction to the governing bodies of municipalities
over the rates, operations and services of an electric utility in areas in the municipality. A local regulatory authority must make
a reasonable determination of rate base, expenses, investment and rate of return and retain necessary personnel to determine
reasonable rates.
According to PURA § 39.452(b), a non- ERCOT` area electric utility rate change may not have an effective date earlier
than June 30, 2008. On September 26, 2007, EGSI filed a Statement of Intent to change its rates to be effective June 30,
2008. The proposed increase in electric service rates in the EGSI Service Area is approximately $107.5 million per year. The
average in -city residential customer using 1,000 kWh's can expect to pay about 130.21 per month (which would be about $17
more per month or $204 more per year than prior to the proposed rate increase). A local regulatory authority may suspend a
rate change for not longer than 90 days after the date the rate change would otherwise be effective.
'Note: ERCOT (the Electric Reliability Council of Texas) is the corporation that administers the power
grid for the state of Texas, serving approximately 85 percent of the state's electric load.
FISCAL IMPACT or FUNDING SOURCE:
Fiscal impact: undetermined.
Funding source: n/a
Councilmember Mahaffey made a motion to adopt the proposed Ordinance suspending the effective date of Entergy
Gulf States Ines proposed rate increase etc for an additional 90 days until September 28 2008 and other provisions set
out in said proposed Ordinance and Councilmember Willett seconded the motion. The motion passed unanimously.
MAYOR I CITY COUCILMEMBER I CITY MANAGER REPORT
a. Approve Resolution 2007 -10 -16.3 submitting nominees for the Board of Directors of the Walker County Appraisal
District for the 2008 -2009 Term.
Councilmember Choate made a motion to nominate Davis Brinson and Hallie Williams for the Board of Directors of
the Walker County Appraisal District for the 2008 -09 term and Councilmember Evans seconded the motion. The motion
passed unanimously.
b. Consider appointment of City Secretary.
This item was discussed in Executive Session.
C. Charter Officer Evaluation — Municipal Judge.
This item postponed.
MEDIA
None.
EXECUTIVE SESSION [8:35 p.m. — 9:25 p.m.]
Councilmember Woodward made a motion to appoint and negotiate a contract with Stephanie Brim as City
Secretary and Councilmember Mahaffey seconded the motion. The motion passed unanimously.
ADJOURNMENT [9.28 p.m
Dan a alter, City Secretary
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