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MIN CC 01/27/2009CITY COUNCIL MEETING of JANUARY 27, 2009 BOOK "U" 175 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 27TH DAY OF JANUARY, 2009, IN THE 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, Tom Cole, Charles Forbus, Clarence Griffin, Melissa Mahaffey, Lanny Ray, Mac Woodward, Dalene Zander COUNCILMEMBERS ABSENT: Wayne Barrett OFFICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary, Interim Counsel Leonard Schneider EXECUTIVE SESSION [5:15- 5:55pm] City Council conducted a closed work session as authorized by Texas Government Code, Chapter 551, Section 551.071 — consultation with attorney for a presentation and discussion related to municipal street lighting audit and electricity franchise renewal, as presented by Stephen Mack of the Lawton Law Firm. REGULAR SESSION CALL TO ORDER [6:01pm] Mayor Turner called the meeting to order. PLEDGE OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION ' Councilmember Griffin led the invocation. PRESENTATION The Downtown Hero Award was presented to Don Kraemer by Harold Hutcheson, Main Street Manager, and Cheryl Spencer, Chair of the Main Street Advisory Board. PUBLIC COMMENTS (regarding agenda items only) Ray Martin. Mr. Martin spoke on (1) the Rules of Procedure, stating the Council needs a parliamentarian, and recommended use of Robert's Rules of Order; (2) the need to use the Huntsville Horizon Comprehensive Plan in implementing new plans, like the "green" plans; and (3) concentrating on safety in implementing new projects. CONSENT AGENDA a. Approve the minutes from the City Council meetings held on December 9, 2008 and January 6, 2009. b. Authorize the City Manager to increase the purchase order with CASCO Industries in the amount of $37,485 for purchase of additional bunker gear to be partially funded with FEMA Grant. C. Authorize the City Manager to execute a thirty -six (36) month contract with eGov Strategies LLC in an amount not to exceed $29,213.13 for web software and services. City Secretary Stephanie Brim reported there were two corrections to the minutes submitted. MAYOR/CITY COUNCILMEMBER/CITY MANAGER REPORT a. Presentation, discussion and /or possible action on appointment to Beautification Committee: Bill Dawson. Councilmember Zender moved to appoint Bill Dawson to the Beautification Committee: and Councilmember Ray seconded the motion. The motion passed 8 -0. b. Initial presentation and discussion on revisions to the Rules of Procedure. Councilmember Ray presented a "first pass' on modifications to the City Council Rules of Procedure, stating the intent to bring them forward at a work session later. He highlighted a few significant changes, specifically the Council seating chart, and the conflict of interest rule [7.5(a)7]. Councilmembers suggested other topics for discussion or review, such as items dealing with the agenda, setting time limits on discussion and responses, and objections to such rule changes. Mayor Turner encouraged all to review for their input. Councilmember Ray discussed briefly the addition of an entire section regarding an investigative procedure. The City Secretary will post the Rules on the website for citizen input; and schedule the work session for the second meeting in February with a vote to follow at some future date. No action was taken on this item. .U.. Initial presentation and discussion on the Huntsville Green Growth Package. Present and solicit input for near - term future action on ordinances involving promoting growth in Huntsville through beautification and environmentally sound policies including: Recycling, Bicycle Routes, Electric Vehicle Usage, Subsurface Power Lines, Greenbelts, and Improved Signage. Councilmember Ray presented several points to a comprehensive package to assist in economic development efforts focusing on increasing the value of the City's current assets and features. He suggested holding a work session in late February or early March to move forward on the initiatives. Councilmember Woodward stated that many of these items have been discussed during the Comprehensive Plan process, and suggested a town hall meeting for additional citizen input. Councilmember Ray stated that he and Councilmember Mahaffey did cross - reference the Comprehensive Plan during the draft process. Mayor Turner thanked everyone for their input on the development of this program to date and encouraged forward movement. No action was taken on this item. d. Presentation, discussion and /or possible action on Hotel Occupancy Tax ('HOT') Board report regarding the Wynne Home, reports, funding, potential and current uses of HOT funds, and other related HOT issues. HOT Board Chairman Counoilmember Charles Forbus reported on their most recent meeting, citing the following issues that were discussed: statutory requirements for use of HOT funds; use of funding for Wynne Home Arts Center (' WHAC "), specifically that the City is funding it outside of statutory requirements; coming into compliance with all State statutes, to include investigating ways to use HOT funds for historical preservation of the house itself, and researching the possible use of the WHAC as a visitors center. Councilmember Ray added comments about the use of the facility as a visitor's center and the appropriate funding sources. Councilmember Woodward inquired as to who performs the compliance audit; Winston Duke, Director of Finance reported on an approach to use with an internal, or operational or even forensic audit of more than just the financial statements; bill paying; changes in report formatting; and adherence to City policy, forms, backup, etc. In response to Councilmember Forbus' question if he has enough staff to take on the additional tasks mentioned, Mr. Duke responded that he had not had a chance to fully review that yet. e. Bill Baine, City Manager, gave a report on status of: (1) Notice of Intent filed on various grant projects such as drainage, emergency operations center and road improvements; (2) the need for a garbage truck and vacuum truck, neither of which are funded, both of which were discussed at the recent Finance Committee meeting, and the search for used /refurbished equipment; (3) FEMA reimbursement status –the City still hasn't received funds, but has been promised about 4/5 of our money, although we might have to appeal, and stated he has paid one local contractor half of the contract (part of which is contested), and is confident the City will receive 100% of requested funds; and (4) mobility needs – has asked the City Engineer to provide needs for the Council to prioritize. PUBLIC COMMENTS (open) Ray Martin. Mr. Martin discussed recognizing audience members potentially responding to Council queries for information, and covered safety and crosswalk issues. MEDIA INQUIRIES None. RECESS [7:11- 7:20pm] EXECUTIVE SESSION [7:20- 9:05pm] City Council will conduct 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 evaluations for City Secretary Stephanie Brim and Municipal Judge John Gaines. RECONVENE & ADJOURNMENT [9:05pm] City Council reconvened in open session. No action was taken as a result of the closed session. Mayor Turner adjourned the meeting. Ste ie A. Brim, City Secretary —7 L _ J