MIN CC 12/09/2008CITY COUNCIL MEETING of DECEMBER 9 2008 _ BOOK U 163
MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 9TH DAY OF DECEMBER 2008, IN THE �
J CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT
6:OOPM.
The Council met in a regular session with the following:
COUNCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Clarence Griffin, Melissa
Mahaffey, Lanny Ray, Mac Woodward, Dalene Zander
OFFICERS PRESENT: Bill Baine, City Manager; Thomas Leeper, City Attorney; Stephanie Brim, City Secretary
REGULAR SESSION
CALL TO ORDER [6:OOpm]
Mayor Turner called the meeting to order.
PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION
Councilmember Barrett led the invocation.
PRESENTATIONS
a. Huntsville's Promise Executive Director Meghan Sturrock - Attaya introduced the 2009 Youth Council.
b. Carol Reed, Interim Director of Public Utilities, accepted the TCEQ Total Coliform Program Award for 2007.
C. Huntsville High School Head Football Coach Mitchell Coey and HHS team coaches and players accepted
Proclamation 2008 -45, honoring the 2008 HHS Football Team.
!; PUBLIC COMMENTS (regarding agenda items only)
Kelly Barber. Mr. Barber stated support of the current Council Rules of Procedure, regarding the requirement for a
Councilmember to leave the room if a conflict of interest exists.
CONSENTAGENDA
a. Approve minutes of the City Council meetings held on October 21, October 28, November 11, November 18 and
November 24, 2008.
b. Approve certain annual contracts /bids:
(1) Authorize the City Manager to execute a one -year contract with two (2) additional one -year options to renew
with Rolloffs USA for dumpsters at the City Solid Waste Facility in the amount of $33,125 per year, with future price
adjustments, plus or minus.
(2) Authorize the City Manager to execute a one -year contract, with two (2) additional one -year options to renew
with Paver's Supply for Asphaltic Hot Mix Concrete in the amount not to exceed $432,564 per year with future
price adjustments, plus or minus.
(3) Authorize the City Manager to execute a one -year contract with the option to renew two (2) additional one -
year terms with D & A Building Services for regular and special services at City facilities in the amount of
$55,889.29 per year with future wage adjustments.
(4) Authorize the City Manager to execute a one -year contract with a one (1) year option to renew with Poolsure
for certain pool chemicals to be used at the City swimming pool facility in the amount of $24,600 per year.
(5) Authorize the purchase of nine (9) RTU's which includes installation, configuration, software programming
and radio equipment to Electronic Manufacturing Company of Texas (EMCOT Corp) to be funded from budgeted
funds in the amount of $91,909.
C. Approve Resolution 2009 -01 B, changing authorized representatives for Local Government Investment Cooperative
( "LOGIC ").
d. Approve Multi Bank Securities as a firm that may present proposals from which the City may purchase investment
securities.
Councilmember Woodward moved to approve the Consent Agenda: and Councilmember Forbus seconded
clarification.
The motion passed 9 -0.
CITY COUNCIL MEETING of DECEMBER 9, 2008 BOOK "U" 164
—-
_ _ -
- a. resew ntatlon, discussion and/or possible action on the minutes of the City Council meetings held on October 28
! and November 11, 2008.
Councilmember Woodward pointed out that he was listed as present but was not present at the meeting.
Mayor Turner requested Council's desire to discuss and correct the minutes from the dais.
Councilmember Ray stated that discussion of the minutes and a consensus of Council regarding guidance as',�
'! to the preparation of these and future minutes. Councilmember Ray cited deficiencies in the minutes as submitted !I
such as the omission of the various speakers and specific questions and answers and discussion during the
meeting. Councilmember Ray also suggested that a transcription of the minutes be reared as an attachment to
i; 9� Y 99 P � prepared
the minutes, especially in light of the potential for litigation as threatened by the developer since that meeting.
�'. Councilmember Barrett agreed that a transcript of the October 28, 2008 meeting would help and the synopsis
j; of the meeting should also be expanded.
Councilmember Cole stated the minutes of the November 11, 2008 meeting did not accurately convey his
�j objection to the suspension of the rules, requested emphasis be placed correctly, and offered assistance in '!
correcting the minutes.
i Councilmember Forbus requested that the minutes reflect that both Mrs. Jane Monday and Mr. Jack Wagamon '..
I� spoke out of turn during the Public Comments section.
li Councilmember Forbus moved to table approval of the minutes of October 28 and November 11 2008 and
i; Councilmember Mahaffey seconded the motion. The motion passed 9-0
STATUTORY AGENDA
a. Presentation, discussion and/or possible action on a one -time exemption to Policy 4.02(C) Vacation Buyback
Option for the identified employees that did not meet the requirements and are at risk of losing their vacation time.
On September 16, 2008 the City Council amended the Employee Policies and Procedures to include a
Vacation Buyback Option. The policy states "If an employee has taken at least ten (10) days of vacation time off
during the previous fiscal year and so elects, he /she may buy back up to five (5) days of unused vacation time.
Some employees were unable to schedule leave in order to qualify for the buyback prior to September 30, 2008.
These employees run the risk of losing their vacation time due to policy accrual restrictions. '
Councilmember Mahaffey moved to approve a one -time exemption to Policy 4.02(C) Vacation Buyback I!j
Option for the identified employees that did not meet the requirements and are at risk of losinq their vacation time
and Councilmember Forbus seconded the motion.
Councilmember Mahaffey questioned whether the employees would have time to take this, and why they
wouldn't have had the time to before. Councilmember Woodward asked if the Personnel Committee had reviewed
this policy, Councilmember Mahaffey stated that the committee has not met on this particular issue.
Councilmember Mahaffey asked if only one segment of the employees was affected; Assistant City Manager Victor
Pena responded that it was City -wide.
Councilmember Ray asked for clarification on whether they would be carrying forward their time. Mr. Pena li
clarified that the employees otherwise didn't meet the criteria to buy back their time. Mayor Turner asked Mr. Pena
to clarify the perceived discrepancy between the relatively low number of days per employee and relatively high
associated cost. There was some discussion as to carrying forward the entire list as carry forward.
Councilmember Mahaffey asked if the majority of the issue came about because of the hurricane [Ike]. City !I.
Manager Bill Baine clarified that was a contributing factor, and also stated that the policy had been implemented
recently was also a factor.
The motion passed 9 -0.
b. Presentation, discussion and /or possible action on the abandonment of the existing Lakeridge Homes and HLC
Land, LP utility easements.
City Council approved the Lakeridge water extension project in October 2008. Previous utility easements
provided by area owners are no longer required because of a route change and lack of a final easement from UPA.
The revised route requires new utility easements along Lakeridge and are in the signature process from the same
area property owners.
Councilmember Forbus requested clarification on the future need for the existing easements; Tom Wager,
Project Manager stated there was no foreseeable need or use for those easements.
The motion passed 8 -0.
[Note: Councilmember Mahaffey left the dais and the Chambers during this item.]
c. Presentation, discussion and /or possible action on the abandonment of the existing utility easements on the '
property of The Grove at Huntsville Subdivision.
The Grove is a student housing apartment complex currently under construction. The existing utilities were
relocated within the property and new easements were shown for them. The old utility easements are solely on
one property and will no longer be needed for City services.
Councilmember Woodward moved to the abandonment of the existing utility easements on the property of
The Grove at Huntsville Subdivision: and Councilmember Forbus seconded the motion.
CITY COUNCIL MEETING of DECEMBER 9 2008 BOOK U'
165
Councilmember Woodward asked if plans had been submitted for this development; Mr. Weger responded
that they were through the process to the point of pulling permits.
The motion passed 9 -0.
d. Presentation, discussion and /or possible action on the formal cancellation and transfer of funding of the Boettcher
Drive Sidewalk Project #07 -10 -38 by creating and funding the Avenue B Sidewalk Project #08 -11 -01 with the same
available funds.
This is traditional neighborhood area with many school age children who walk to the nearby schools in which
a safe, accessible route is desired. As the CIP Sidewalk Master Plan identifies areas that are desirable to the
established needs, the goal is to accomplish them with available funding. The available funds from the canceled
Boettcher Drive Sidewalk Project are $36,414. The creation of the Avenue B Sidewalk Project will enable staff to
utilize existing crews to perform the work and maximize the length to approximately 2500 linear feet as a materials -
only project.
Councilmember Woodward complimented the City Council on taking action with respect to getting sidewalks
in place. Councilmember Forbus complimented Mr. Baine on his efforts in getting this done as well. Mr. Baine
commented on the relative ease in doing this project as compared to those which require State agency approval.
The motion passed 9-0.
OAAYORICITY COUNCILMEMBERICITY MANAGER REPORT
'.. a.Presentation, discussion and /or possible action on Ordinance 2009 -10, amending the City Council Rules of
Procedure, Section 5.3, Conflict of Interest.
Councilmember Woodward stated that under State law there is no requirement for a person with a conflict of
interest to leave the room, and the proposed change would eliminate only that portion — the requirement to leave
the room. Councilmember Woodward raised the point that a Councilmember should have the ability to be
informed, even if not able to deliberate and vote on an item, and clarified that the proposed change does not alter
the requirements to file an affidavit and follow other State or City rules.
Councilmember Woodward moved to approve Ordinance 2009 -10: and Councilmember Forbus seconded
the motion.
Councilmember Cole stated that prior Councils had given this item weight and discussion, and asserted that
the stipulation that the Councilmember leave be maintained as a protection to the Councilmember who files the
affidavit of conflict of interest.
Councilmember Ray stated that the rule to leave can be disruptive and agrees that it should be revised;
Councilmember Ray also stated that there is a Rules Committee reviewing the rules, and this rule would be a
perfect example, among others, to discuss at a work session to be scheduled in the future.
Councilmember Mahaffey asked if the rules had been changed during Councilmember Woodward's tenure;
and Councilmember Woodward stated the rule had been done like this in the past — not changed since first
adopted. Councilmember Mahaffey stated her preference for more time to consider.
Mayor Turner requested that the Council set a date certain by which to address the Rules.
Ij Councilmember Woodward stated that this was put on the agenda to be able to address it for now and future
i' items, that several Councilmembers have had to leave because of conflicts of interest.
Councilmember Barrett asked that the Rules Committee look into all the rules in more detail, and pointed out
that the rules are the self- appointed standards for the Council by which to rule their selves. He agreed that the rule
is disruptive, and not meant to be penal in nature, and requested that it be referred to committee.
Councilmember Woodward stated that anyone could enter the Chamber and listen to the Council's
deliberations, and that it seemed extreme that a Councilmember could not at least hear the discussion, according
to the current rules.
Councilmember Cole stated that the Councilmembers leaving the room had access to television by which
they could hear the proceedings.
The motion passed 8 -1 with Councilmember Woodward voting against.
b.Discuss and schedule a date and time for a work session with Walker County and the TIRZ No. One Board
' regarding TIRZ No. One.
Councilmember Cole suggested a meeting on December 23, 2008 at which the Council could meet and take
action on this item. Councilmember Ray initially put the item on the agenda, and would like to discuss reasons for
not having the work session, and suggested that Councilmember Woodward leave during the discussion.
Councilmember Woodward left the dais and Chambers at this time and during discussion on this item.
Councilmember Ray, Mr. Baine, Councilmember Barrett, and Councilmember Forbus discussed potential
changes to the projects and necessity for holding a joint work session. Councilmembers Forbus and Barrett
clarified that the discussion would be on the TIRZ in general as opposed to related to specific hotel projects.
CITY COUNCIL MEETING of DECEMBER 9, 2008 BOOK "U"
Im
- — --Co0naTme ber Ray stated that he did not believe the Council needed a work session, and that it was time to i
put the TIRZ to a vote. Mayor Turner asked if any Councilmember wanted to put on the table a motion to hold a
work session and suggest a date to hold it, or the Council should proceed to the next item on the agenda.
Councilmember Cole moved that, since the Charter promises two meetings a month and there was only one
Councilmembers discussed potential challenges with having other agencies meet on short notice and so .
close to the holidays.
Councilmember Ray requested clarification from City Attorney Thomas Leeper on wording for tabled agenda
items. Councilmember Barrett stated the dates prior to the holidays were too soon, and suggested that early
January would be a good time to meet.
Following a straw poll on who would be available, Councilmember Zander withdrew her amendment.
c. Bill Baine, City Manager, provided a brief report on status of the following projects /programs: Thanked Jean
Sanders for her service to the City and County, and announced the Interim Chief of Police Mr. Allwin Barrow, to be
sworn in on Friday; Stated that the solid waste pickup route /scheduling is requiring adjustments; and Announced
that he had approved waiver of fees for HEARTS Veterans Museum.
PUBLIC COMMENTS (Open.)
Charles Forbus. Councilmember Forbus reported as Chair of the Hotel Occupancy Tax ( "HOT') Board of the Board's
discussion regarding utilizing the Wynne Home as a visitor's bureau, the Board's concern over the funding source to the
Wynne Home, stated Mr. Baine would be doing some surveys to determine the usefulness of current tourism spending,
and stated that the HOT Board would be working toward having a workshop.
J. Turner. Mayor Turner stated the Huntsville Police Department had sworn in four new police officers this morning.
MEDIA INQUIRIES
None.
RECESS [7:52- 8:05pm]
EXECUTIVE SESSION [8:05- 9:32pm]
City Council held a closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 — personnel
matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer or employee; specifically the annual performance evaluation for City Secretary Stephanie Brim.
RECONVENE & ADJOURNMENT [9:32pm]
City Council reconvened in open session. No action was taken.
Mayor Turner adjourn the meeting.
Step a ye A. Brim, City Secretary