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MIN CC 03/03/2009CITY COUNCIL MEETING of MARCH 3, 2009 BOOK "U" 190 NOTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 3RD DAY OF MARCH, 2009, IN THE I-Y HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT Council met in a regular session with the following: 1NCILMEMBERS PRESENT: J. Turner, Wayne Barrett, Tom Cole, Charles Forbus, Clarence Griffin, Melissa alley, Lanny Ray [6:45pm], Mac Woodward, Dalene Zander 'ICERS PRESENT: Bill Baine, City Manager; Stephanie Brim, City Secretary; Interim Counsel Leonard Schneider TO ORDER [6:OOpm] Turner called the meeting to order. OF ALLEGIANCE to US and TEXAS FLAGS, INVOCATION :tuber Barrett led the invocation. Reed, Director of Public Utilities, reported to the Council on the Parker Creek Lab attaining National Lab citation status. COMMENTS (regarding agenda items only) , Russell. Mr. Russell spoke in support of the Council's opportunity to join with other cities on negotiating with TENT AGENDA Approve the minutes of the City Council meeting held on February 17, 2009. Authorize the City Manager to purchase two (2) 112 ton trucks and one (1) 3/4 ton truck, one (1) parks truck, one (1) water distribution truck and five (5) Crown Victoria cars from Planet Ford for a total purchase amount for all vehicles not to exceed $195,384. AGENDA Consent Agenda Item U. Authorize the City Manager to purchase two (2) 1/2 ton trucks and one (1) 3/4 ton truck, one (1) parks truck, one (1) water distribution truck and five (5) Crown Victoria cars from Planet Ford for a total purchase amount for all vehicles not to exceed $195,384. Councilmember Mahaffey asked (1) if the police vehicle was on the replacement schedule [Victor Pena, Assistant City Manager, reported it was not but was included as part of the budget process with the additional police officer position]; (2) what is a flex fuel engine? [one that can be converted to ethanol]; and (3) why [local auto dealer] Wiesner did not bid [bid was let during a change in their management]. Councilmember Griffin asked if the City had recently lost a vehicle [no]. The motion oassed 8 -0. Presentation, discussion and/or action with respect to Ordinance 2009 -27, authorizing the issuance of City of Huntsville, Texas general obligation refunding Bonds, Series 2009; approving an official statement; authorizing execution of a paying agent/registrar agreement, a bond purchase agreement and an escrow agreement; establishing procedures for selling and delivering the bonds; and authorizing other matters rel8ting - to , the bonds. r CITY COUNCIL MEETING of MARCH 3, 2009 BOOK "U" 191 Councilmember Woodward moved to approve Ordinance 2009 -2T and Councilmember Griffin seconded the motion. Winston Duke, Director of Finance, gave a brief overview of the refunding process, reporting that the term will be the same [10 years]. Councilmember Woodward reported this item was discussed in Finance Committee, which recommended approval, and the City should see annual saving of approximately $70,000- 75,000. Councilmember Mahaffey requested clarification of the cap or limitations on the City Manager's authority; City Manager Bill Baine committed to calling the Finance Committee members with the interest rate once determined. Councilmember Zander inquired about fees associated with the refunding; Mr. Baine reported there were various underwriting fees, but the total amount to be saved annually would still be around $70,000 - 75,000. The motion passed 8 -0. Presentation, discussion and /or action with respect to Resolution 2009 -02, authorizing the City Manager to Proceed with a Request to the Trinity River Authority to Refund the Trinity River Authority of Texas Contract Revenue Bonds Series 1996 and Series 1997 (Huntsville Regional Water Supply System Project), Mr. Duke gave a brief description of the refunding — actually two issues (1996 and 1997), both are actually TRA bonds, but the City pays for them as a type of pass through. The refunding will give permission for TRA to refund the bonds. Mr. Duke responded that savings are substantial and the term remains the same - about $45,000 annually for the both of them. The motion passed 8 -0. c. Presentation, discussion and /or action with respect to Resolution 2009 -03, authorizing participation with other Entergy service area cities in matters concerning Entergy Texas, Inc. at the Public Utility Commission of Texas and the Federal Energy Regulatory Commission in 2009. Councilmember Forbus moved to ioin with these other cities and approve Resolution 2009 -03; and Councilmember Cole seconded the motion. The motion passed 8 -0. d. Presentation, discussion and /or action with respect to Ordinance 2009 -28, amending the City Council Rules of Procedure for the City of Huntsville, Texas. Councilmember Zander moved to approve ordinance 2009 -28; and Councilmember Mahaffey seconded the motion. Interim Counsel Leonard Schneider reported a typo on page 13 to be corrected. Mayor Turner thanked Councilmember Ray for his work on updating the Rules. The motion passed 8 -0. Presentation, discussion and /or action with respect to authorizing the City Manager to purchase a 2009 new and unused sewer cleaning truck from Vac -Con, Inc. in the amount not to exceed $254,892.95 to be funded from fund balance reserves. Councilmember Cole moved to purchase the vacuum truck; and Councilmember Mahaffey seconded the motion. Mayor Turner remarked that the old vacuum truck is parked in front of City Hall if anyone would like to see it up close. Councilmember Mahaffey asked if there was a warranty on the tank? [City Manager Baine responded this one does have a warranty and the old one will be sent to Corsicana for revitalization before resale]; and whether this piece of equipment was on next year's schedule to replace and should be treated as an emergency for this year? [Yes]. Councilmember Mahaffey requested that the staff look into the problem areas [already reviewing]. The motion passed 8 -0. f. Presentation, discussion and/or action with respect to Ordinance 2009 -29, amending the fiscal year 2008 -09 budget for the purchase of 2009 new and unused sewer cleaning truck from Vao -Con, Inc. Councilmember Mahaffey moved to amend the budget to purchase this item fsewer cleaning truck from Vac- Con Inc .1 and Councilmember Forbus seconded the motion. There was no discussion on this item: the motion passed 8 -0. g. Presentation, discussion and /or action with respect to authorizing the City Manager to approve the Final Reconciliation Change Order #1 in the amount not to exceed $33,347.37 for additional engineering costs payable to Wisenbaker, Fix and Associates for multiple redesigns of a chlorine containment solution at the Palm Street water plant. Councilmember Woodward moved to approve the final change order and dose out this proiect; and Councilmember Griffin seconded the motion. Councilmember Woodward commented that this change order clears up the extra engineering costs portion of the project, and that the total project came in $162,000 under budget. The motion passed 8 -0. CITY COUNCIL MEETING of MARCH 3, 2009 BOOK "U" 192 DRICITY COUNCILMEMBER/CITY MANAGER REPORT Presentation, discussion and /or action with respect to the process for 2009 Charter Review Committee. Mayor Turner commented that although no action would be taken tonight, development of a plan for the five year review of the Charter would be starting in the next few months. Mayor Turner then opened the floor for Councilmembers to provide input, and stated he will also take citizen input over the next few months in developing the plan. Councilmember Woodward suggested getting the word out to the public that the committee and process would be forming, and encouraged both Councilmembers and citizens to provide input to the Mayor. Councilmember Barrett relayed some concern lately about procedures relative to receiving bids for bonds specifically and stated the need to review those areas of the Charter that might require change for practicality issues. No action was taken on this item. Presentation and discussion with respect to the City Attorney search process: update on hiring a firm to conduct interim services, and continued process for permanent resolution. Mayor Turner reported that the ad hoc committee has conducted interviews with individual candidates and at this time recommended continuing with firm in place on temporary basis to allow for a review period. Mayor Turner stated that he was very pleased with the current legal representation and that the Ross Banks firm and representative have been professional. No action was taken on this item. Presentation, discussion and /or action with respect to the Library Feasibility Study Ad Hoc Committee report and recommendations, as presented by Ann Holder, Committee Chair. [Note: Councilmember Ray arrived during the presentation at 6:45pm.] Councilmember Woodward stated he thought the originally budgeted funds for a feasibility study should be made available for the committee to move forward. Mayor Turner agreed that these designated funds should be , treated as seed money to be used in the most efficient manner, and complimented the Committee on their work. Councilmember Mahaffey asked if the motion needed to be amended to include specifics in hiring the architect? Mayor Tuner clarified that the seed money and moving ahead meant the funds would be used for preliminary design only in order to make decisions on design, then taking the total proposed cost to the voters for approval. No change was made to the original motion. Councilmember Ray requested clarification that the Council was not voting to call a bond election. [Correct.] Councilmember Woodward discussed briefly getting the word out to the public, especially in light of meeting a timeline for a potential November bond election. Councilmember Ray mentioned it is not a good time for asking the public to pay for bond - funded projects. Councilmember Barrett thanked the Committee for their work, stating they've done a professional job, and recognizing the financial savings realized through their efforts. Councilmember Cole thanked Mrs. Holder for the presentation and tempered request in light of the current economic situation, and suggested use of certain prime property for potential expansion, and stated the University library should be taken into account when planning for a new library. The motion passed 9 -0. II Presentation, discussion and /or action with respect to the annual evaluation and revised contract with Stephanie Brim for services as the Huntsville City Secretary. City Manager Bill Baine reported on the status of: Fire Protection for Hyponex Plant; Facilitating Traffic into the convenience store at 1 -45 & 11" St via street modifications; Spring Lake Water Filter Project installation update [Carol Reed, Director of Public Utilities — hopefully will be online March 11, 2009]; progress continues on the recycling program with hopes to have a proposal in two weeks; and Huntsville Police Department 2009 Annual Contact Report [Allwin Barrow, Interim Police Chief, reported the City is in full compliance with State regulations]. Mr. Baine reminded the community that a bum ban is still in place, declared by Governor Perry, and encouraged citizens to remove combustibles from around the edge of their homes. No action was taken on this item. COMMENTS (open) ' [7:14- 7:: :20pm] CITY COUNCIL MEETING 2009 BOOK "U" 193 ECUTIVE SESSION [7:20- 8:47pm] � Council held a closed session as authorized by Texas Government Code, Chapter 551, Section 551.074 — sonnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a ilic officer or employee; specifically with respect to the annual evaluation and revised contract with Stephanie Brim services as the Huntsville City Secretary. Councilmember Barrett stated he would not be able to support this motion, stating he was opposed substantively the reductions in various ways in this years contract compared to last year's contract and is opposed philosophically the manner in which these reductions have been decided on. ADJOURNMENT [8:50pm] Mayor Winer adjourned the meeting. C n