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MIN CC 07/20/2010City Council Meetings of July 2010 Book "V' MINUTES FROM THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 20s' DAY OF JULY 2010, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6PM. The Council met in a regular session with the following: • COUNCILMEMBERS PRESENT: J. Tumor, Mac Woodward, Jack Wagamon, Charles Forbus Lanny Ray, Wayne Barrett, Tom Cole COUNCILMEMBERS ABSENT: Dalene Zander, Melissa Templeton OFFICERS PRESENT: Bill Baine, City Manager, Leonard Schneider, City Attorney, Lee Woodward, City Secretary WORKSHOP SESSION [5:30PM] The Council will have a budget workshop, primarily to discuss requests from non - profit organizations, and charter offices. [Winston Duke, Finance Director] [ Councilmember Wagamon was not present for the workshop.] The Mayor reviewed the Council budget from several years ago, noting The Council budget was half what it had been then. The Council then reviewed the non-profit requests for the FY10 -11, generally speaking in approval of maintaining the same amounts as requested for the upcoming budget. The Council also considered the addition of the Winner's Circle program, a presentation on which will be given at an upcoming budget workshop. REGULAR SESSION' [6:0012M) 1. CALL TO ORDER Mayor Turner called the meeting to order at 6:02pm. 2. PLEDGES OF ALLEGIANCE 3. INVOCATION Councilmember Barrett gave the invocation. 4. PROCLAMATION The Mayor thanked Councilmember Woodward for his work on the Demi -Semi- Sept - Centennial parade. The Mayor presented • commemorative coins for Councilmember Woodward, James Patton, Poncho Roberts, Edwin Graves, Whitney Whitmire, Dessie Cherry, Carol Smith, Michelle McKenzie, Khstie Stevens, and Don Shirley. The Mayor thanked the following volunteers, organizations and businesses for their participation in the birthday: Thank you! Demi -Semi- Sept- Centennlal Volunteers Faye Bums Dance Studio — Barbara Preston, Director, & dancers Greater Zion Baptist Church — Pastor Michael Davis, Marching Drill Team, Combined Choir The Mixed Review Huntsville Lion's Club & Ladies Auxiliary YMCA — Wade Shrock, Sandra Clifton SHSU Department of Mass Communication SHSU Department of Military Science SHSU Police Department — Deputy Chief James Fitch & staff Huntsville Fire Dept. — Chief Tom Grisham, John Hobbs, Jason January, Greg Mathis Community Services Dept. — Director Matt Lumpkins, Joseph Wiggs, Penny Joiner, Bethany Moore, Kimberly Barnes, Jerry Hightower, Jesse Johnson, Leval Davis, John Agey, Cyril Agu, Ezra Bryant, Seth Flamers, Michael Johnson, Eric Mills, Floyd Ross, Katherine Widner, Troy Wyatt, Desmond Alexander, Robert Grigsby, Tarry Rabb, Deante Roberts Huntsville Police Dept. — Chief Kevin Lunsford, David O'Rear, Jim Barnes, Slane Rodgers, Joyce Dunaway, & staff TDCJ Region I Honor Guard Amber Boudreaux Francis McGinty Dr. Marilyn Byrd Linda McKenzie Larry Crippen — KSAM Dr. Sherry McKibben Sandra Cuevas Lee Murrah Candy Dixon Daniel North Kristin Edwards Trey Owens Danny & Jessie Ferguson Jackie Pace — Boys & Girls Club Frank Golden Diane Patrick Cameron Goodman Sicily Pierce Rich Heiland —Walker Free Press Blake Roach • Matt Jackson —The Huntsville Item Kooter Roberson — KSAM Jeannine Jacoby Ashlyn Roberts Ron Johnson Billie Smith Sam Kinsey Joe Smith Lauren Lampe Wayne Spivey Corey Lazar Janette Uribe City Council Meetings of July 2010 D.W. Wakefield Christie Walters • Ray Whiney Book°V" Donnell Williams Michael Yawn & Junior Fellows David Zellar Demi- Semi -Sept- Centennial Sponsors & Providers of Assistance AT &T— Whitney Whitmire, Edwin Graves, Jim Segovia, Mark Countz. Derrick Johnson, Byron Hebert, Leigha Lierz Blue Bell Creameries — Tommy Baker Brookshire Brothers — Luke Gustafson & staff CenterPoint Energy — John Seale Cora -Cola of Conroe — Jan Smith & Jan Bealfield Creation Graphics — Cody Slater Eagle Graphics — Micah Slaughter & Linda Shockley First National Bank First State Bank Gibbs Bros. & Co. HEB Hillcrest Ford — Justin Wright, Lian Rhodes, & drivers Huntsville Cruisers — Shellie Geer & drivers Huntsville Steel & Fabrication, Inc. —Todd Barber Israel Liggins, KHVL 1490 Gospel Inspirational Show Kroger Lloyd C. Martin McKenzie's Barbeque Mid -South Synergy —Tina Warzon SHSU — Dr. and Mrs. James Gaertner, Maggie Collum SuddenLink — Mark Schmidt, Andy Hudson, Regina Swearengen TEAM Dodge — Sam McCann, JoAnn Davey, & drivers University Cancer Center — Tikaa Cone, John Karas, Dr. D'Andrea Walker County Judge Danny Pierce Walker County Title Company Wal-Mart — Bart Ely, Lachastia Washington Wiesner, Inc. — Clint McLaren, Anne Smith, & drivers • 5. PUBLIC COMMENT Jake Fuqua spoke on the issue of traffic volume on Avenue O. He asked for the Council's assistance in creating an historic district. Tarek Maalouf discussed his meeting with Jay Williams of Property Commerce, and asked the Councilmembers to meet Mr. Williams' request for an apology from the Council, in order to privately disclose the owners of the Ravenwood project. 6. CONSENTAGENDA (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item maybe 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 the 6'" of July 2010. [Lee Woodward, City Secretary] b. Approve the minutes of the City Council budget workshop held on the 30th of June and the 14' of July 2010. [Lee Woodward, City Secretary] c. Approve Ordinance 2010.43 amending the budget for FY09 -10. [Winston Duke, Finance Director] d. Presentation, discussion and possible action to authorize the City Manager to enter into a Partnership Agreement and participate in the Houston - Galveston Area Council (H -GAC) Consortium, if chosen. [Dr. Sherry McKibben, Community Development Specialist] Councilmember Forbus made a motion to approve the Consent Agenda Councilmembers Woodward and Ray seconded the motion. - Councilmember Woodward said the Finance Committee had reviewed the budget amendments in Item c before they were put forward to the Council. Dr. Sherry McKibben elaborated on the H -GAC's move toward the creation of a consortium, and her sense that it would be beneficial for the City to participate in view of future funding opportunities. • The motion passed unanimously. 7. STATUTORY AGENDA a. Presentation, discussion and possible action to approve Ordinance 2010 -41, CenterPoint Energy Cost of Services Agreement (COSA), 2n° reading. [Leonard Schneider, City Attorney] Councilmember Woodward made a motion to approve the Ordinance Councilmember Forbus seconded the motion. Leonard Schneider, City Attorney, said the Lawton Law Firm had reviewed the request, and that he and they • recommended that the City approve the Ordinance. The motion passed unanimously. b. Presentation, discussion and possible action to authorize the City Manager to approve necessary documents, including the Post - Employment Benefits (PIES) Trust Agreement and Service Agreement for Texas Employers. (Winston Duke, Finance Director) Winston Duke, Finance Director, explained the background to the Trust, and described it as an investment vehicle for long -term investments, an in accordance with the City's policy directives. He said they expected to be able to fund close to $1.5 million by the end of the current fiscal year. Mr. Schneider said he had reviewed the agreement for services and spoken with First Southwest to include indemnity language limiting the City's liability to that permitted by law. Councilmember Woodward made a motion to approve the action pursuant to Mr. Schneiders recommendation Councilmember Ray seconded the motion Councilmember Woodward asked about the management of the money in the trust. Mr. Duke said the City manages the Trust, makes decisions on the investments, and is responsible for the money in the Trust. Councilmember Wagamon asked about fiscal impact and funding sources, specifically the future liability and contributions. Mr. Duke said the City had had two good years of claims, and had contributed $300,000 annually for the last three years. Mr. Duke said he did anticipate the Council would be asked for transfers in the future. He said that it was possible that the City could be reimbursed for retirees' daims made from the Trust, although it was not anticipated that would be requested, at feast initially, so that the Trust could build. Councilmember Wagamon thanked the City Manager and Mr. Duke for their work on this complicated issue. The motion passed unanimously, c. Presentation, discussion and possible action to authorize the City Manager to apply for, accept, if • awarded, and implement the Pepsi Refresh Project for a new baseball field. [Dr. Sherry McKibben, Community Development Specialist] Dr. McKibben explained that Pepsi is giving out 1000 grants per month this year. She said the City would like to submit a project for a new ball field for September. The grants are awarded based on intemet votes. Councilmember Forbus made a motion ig approve Councilmember Cole seconded the motion Dr. McKibben said each internal address would be permitted to place ten votes per day for the month the City's project is on the website. The motion Passed unanimously. d. Presentation, discussion and possible action to authorize the City Manager to enter into contract with LDF Construction for the construction of the Huntsville Public Library, [Aron Kulhavy, Director of Public Works] The Mawr made a motion to approve Councilmember Woodward seconded the motion The Mayor said he supported LDF Construction, having had worked with the company before Councilmember Woodward said this was significant in the City's 1750 year, and that the public had overwhelmingly approved the bond in the November 2009 election. He also noted Huntsville was the only city to approve a bond election for a library last year. Councilmember Ray mentioned that the bid came in under budget, and was projected to be finished within one year. Councilmember Wagamon commended the City Manager for bringing the Council a balanced budget without a tax increase, even with the passing of the library bond, The motion Passed unanimously • S. MAYORICITY COUNCIL AND CITY MANAGER REPORT a. Presentation, discussion and possible action to appoint Councilmembers Templeton, Cole and Barrett as an ad hoc committee to explore potential Council policy for future donations. [Mayor Tumor] The Mayor made a motion for the nominations Councilmember Wagamon seconded the motion • Councilmember Woodward suggested that Mr. Duke and Dr. McKibben be included. The motion passed unanimously. b. Presentation, discussion and possible action to replace Kathy Hudson with Jacob Bullion on the Veterans Affairs Advisory Board. [Mayor Turner] The Mayor made a motion for the nomination Councilmember Ray seconded the motion The motion passed unanimously. c. Presentation, discussion and possible action to approve First Amendment to 1976 Raw Water Supply Contract with Trinity River Authority (TRA), 2n" reading. [Leonard Schneider, City Attorney] Councilmember Woodward made a motion to approve the amendment Councilmembers Ray and Forbus seconded the motion. Councilmember Woodward said the amendment was a clarification for availability of raw water after the year 2020, without financial commitment by the City. Councilmember Ray said he felt the motion should be supported, as it did raise the Council's confidence level. The motion passed unanimously. d. Presentation, discussion and possible action regarding update of ongoing litigation against the Huntsville - Walker County Chamber of Commerce to recover misspent and misapplied Hotel Occupancy Funds, primarily to update the citizens and council as to what has occurred and is in the public record and or available to the public. [Councilmember Ray] Councilmember Ray gave background on the litigation, and the difference between civil and criminal cases, and . the privilege against self- incrimination. He said that mediation is set for September 3, 2010. He said the City filed a motion to disqualify for apparent conflict of interest in the Chambers case. The Mayor reiterated that, as a Council, they had a fiduciary responsibility to the community as a whole, and that he knew all the Councilmembers take that very seriously. Councilmember Forbus said that, when the Hotel Occupancy Tax Board was first formed, Mr. Baine took a close look at how the Wynne Home was funded. That inspection led Mr. Baine to move a great deal of the funding from HOT funds to General Fund, because that was the appropriate and correct thing to do. Councilmember Woodward said he hoped the issue could be resolved soon, as the Chamber would be a good partner to the City in economic development. Councilmember Wagamon said he also wanted the conflict over, but that he saw it as a problem with certain Chamber members, not with the organization itself. He said that the Council had an obligation to the public over the misspent and illegally comingled funds, as determined by an independent auditor. Councilmember Ray said the City had made a demand several months ago. Mr. Schneider confirmed there had not been any offers in response.. The Mayor pointed out that Chamber President Carol Smith had been asked to work on the City's birthday, and that the City had met with her on numerous occasions. He acknowledged that perhaps it might not have been easy on her part, but that she had worked very hard and that he hoped some of these bridges were being repaired. e. City Manager's Report 1. Update on second round for Hurricane Ike. Mr. Baine said they were still waiting on the installation of two generators from the first round of Ike compensation. He said he was working with the County on the money needed for remaining generators, as they were a priority. • 2. Report upcoming communication exercise for hurricane season. Mr. Baine said there would be a planning exercise Thursday morning at 10am at the Service Center, Mr. Baine said he had also met with Jay Williams, that Mr. Williams was a polite businessman, and perhaps a little puzzled by the issues, as he was not familiar with all of the City's history. Mr. Baine said he had prepared a letter looking to a time when the relationship would be improved. 9. PUBLIC COMMENT There were no additional public comments. 10. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA There were no media inquiries made. 11. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action wili be discussed or taken.) a. Commemorative coins for return of Soldiers. [Mayor Tumor] The Mayor showed the commemorative medallions, and discussed the return of the local Soldiers, expected at the end of the month. He said the numbered coins would be given to the Soldiers as they return, and were available to the public for a minimum donation of $20. He said they were available at the Finance Department, and that the money would be used to support the hometown heroes. The Mayor presented information on the Main Street Film Festival coming up this weekend. Police Chief Kevin Lunsford mentioned the new Fire Station #4 would have its grand opening on Friday at 6pm. 12. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551; Section 551.071 — consultation with counsel on legal matters including legal issues on current and pending litigation, including meeting with Lauren Kallsek to receive legal advice on Walker County Special Utilities District, and receive update on pending litigation including, but not limited to, Chamber suit. [Leonard Schneider, City Attorney] The Council adjourned into Executive Session at 7:20pm. 2. RECONVENE a. Take action, if necessary, on item addressed during Executive Session. The Council reconvened at 8pm. The motion passed unanimously. The Mayor made a motion to instruct Mr. Schneider to retain the services of Alvarez - Marshall as retluired in order to pursue the case on which he is working. Councilmember Cole seconded the motion The motion passed unanimously. 13.ADJOURNMENT :02pm. r 1 L J is •