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MIN CC 02/24/1998CITY COUNCIL MEETING OF FEBRUARY 24, 1998 BOOK "S" 133 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 24TH DAY OF FEBRUARY, 1998, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: COUNCILMEMBEIL William B. Green, Mayor Ron Lange Dan S. Davis Dave Luning Vance Howard Ann James JOAnn Matthews David Martinez Marjorie Rex CITIZEN INPUTANQUIRY Officers: Gene Pipes, City Manager Danna Welter, City Secretary Scott Bounds, City Attorney Charles Smither. Jr. Mr. Smither stated that after the discussion at the last meeting on the Fish Hatchery sewer project, he reviewed the sewer survey sent to these residents in July 1994. Of all the respondents (72 out of 117), 36% were willing to participate, 54% declined, and 9% said it depends. No property owner on the north side of Fish Hatchery adjoining the National Forest was willing to participate and that should have indicated to Council that problems would arise. Under the circumstances, he feels that the City should not spend any more monies on the project until Senators and Representatives are contacted to see if something can be worked out with the National Forest. Mayor Green stated that the survey was relative to participation in the form of monies and the circumstances have changed since that time and would probably change the response by a large margin today. ELI David Lyons /Buddy Reynolds. Mr. Lyons stated that he and Mr. Reynolds were representing Walker County Proud and were soliciting support for the upcoming Trash Bash to be held the last Saturday in April. They are requesting that Walker County Proud I pick up the first $3,000, with the City and County splitting the additional monies in half up to a certain amount. The goal this year is 100 tons of trash which would total $5,100. Mayor Green stated that it would be put on the next meeting agenda and be considered at that time. He thanked them for their I involvement in this project in cleaning up the community. INVOCATION Invocation by Pastor Bill Silvey, Huntsville Church of the Nazarene. CONSIDER MINUTES Councilmember Rex made a motion to approve the minutes of February 10 1998 with a correction of a name and Councilmember Matthews seconded the motion. Councilmember James stated that she felt that additional information should be added to the request for contingency funds request for the Fish Hatchery sewer project. Councilmember Davis made a motion to table the minutes of February 10. 1998 and Councilmember James seconded the motion. The motion passed unanimously. jj CONSIDER ORDINANCE 98 -02 -24.1 DEFINING THE METHOD OF DETERMINING KINSIJIP FOR THE PURPOSES OF THE CITY CHARTER Mr. Bounds stated that earlier it was discovered that Councilmember Dan Davis' wife is Fire Chief Tom Crisham's first cousin. i A memorandum is presented to Council addressing the issues involved. With regard to nepotism dealing with officials and employees of the City, there are three layers of items that are looked at. This is not a State law problem because: a) the appointment was not made by a City Council, and b) the civil law method of kinship is used and the wife's first cousin is not within the prohibited kinship. Our City Charter is broader and more ambiguous than State law since it is written in the passive voice and does not state the method of determining kinship. The City personnel policies use the common law method of kinship and were applicable at the time the appomtmentwas made. The policies precluded the appointment of Tom Grisham as Fire Chief. Mr. Bounds is proposing to 1) rescind the appointment of Tom Grisham as Fire Chief because it was a violation of the rules at the time and 2) adopt two ordinances -one clarifying the use of the civil law method as outlined in the Texas Government Code for purposes of determining kinship under the City Charter and the second amending the existing personnel policies to maintain our currem broader common lawmles of appointment '�I with regard to the supervisor and City Manager. CITY COUNCIL MEETING OF FEBRUARY 24, 1998 BOOK "S" 134 Councilmember Lange made a motion to approve Ordinance 98-02-24.1 defining the method of determining kinship for the Purposes ofthe City Charter as the civil law method described in the Texas Government Code and Councilmember Martinez seconded the motion. The motion passed unanimously. CONSIDER ORDINANCE 98 -02 -24.2 AMENDING CHAPTER 4, APPOINTMENTS, TRANSFERS, PROMOTIONS, OF THE PERSONNEL RULES Councilmember Langemade amotionto approve Ordinance 98-02-24.2 antending Chapter4 Appointments Transfers Promotions of the Personnel Rules. and Councilmember Matthews seconded the motion The motion passed unanimously. CONSIDER AGREEMENT WITH HARRY W. REED FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS (STREET, SEWER AND WATER) RELATED TO THE UNITED POSTAL SERVICE SITE Councilmember James made a motion to approve the agreement with Harry W. Reed for construction of Public improvements fstreeL sewer and water) related to the United Postal Service site contingent on Harry W Reed acquiring the property, and Councilmember Matthews seconded the motion. The motion passed unanimously. CONSIDER REPLACEMENT OF AWNINGS OVER THE CITY'S RIGHT -OF -WAY IN THE DOWNTOWN AREA Councilmember Rex made a motion to approve the replacement of awnings over the City's right -of -way 1212 1214 and 1216 University Avenue in the downtown area, and Councilmember James seconded the motion The motion passed unanimously. CouncilmemberLange stated thathe would like staff to look into the possibility of monitoring these structures located in the City's , right -of -way. The City needs some vehicle to address these structures once they are dilapidated or dangerous to have them removed or brought back into repair. CONSIDER REQUEST FOR USE OF CONTINGENCY FUNDS FOR ALLOCATION OF FUNDS FOR SURVEY AND REDESIGN WORK ON THE FISH HATCHERY SEWER PROJECT Mr. Wilder stated that all the monies have been expended that were set aside for survey and additional funds are needed for redesign. Staff is requesting additional funds of $17,330 to be transferred from the contingency for the Fish Hatchery Road project. A large part of these funds are for negotiations with the Forest Service. Mayor Green stated that Council wanted to try and not circumvent the local Forest Service officials if possible. Mayor Greenasked if there was a way staff could sit down with these officials to discuss the engineering and design to see if an agreement is a possibility before the City spends any more funds. Mr. Wilder stated that staff would be glad to discuss the possibilities with the Forest Service officials. Councilmember Lange made a motion to table . the request for use of contingency funds for allocation of funds for survev and redesign work on the Fish Hatchery sewer project pending negotiations with the U S Forest Service and Councilmember Rex seconded the motion. The motion Passed unanimously. CONSIDER PROPOSAL TO NEGOTIATEIBID FOR SOLID WASTE DISPOSAL SERVICES CONTRACT Mr. Wilder stated that the current five year contract for solid waste disposal with Waste Management, Inc. will expire on September 30, 1998. Currently, the City pays $20.02 per ton, while the average across Texas is $26.00 per ton. In preparing the specifications forthis project, it was discovered that Brazos Valley Solid Waste Management Agency is interested in our business and indicates that they may be able to offer us a rate at or near our current rate. Staff is recommending approval to allow staff to negotiate with BVSWMA through an interlocal agreement for a solid waste disposal services, and to approve advertising forbids on the open market if a reasonable price cannot be negotiated. Councilmember expressed interest in an interlocal agreement with BVSWMA. Mr. Pipes stated that with the consensus of Council, staff will do preliminary explorations and come back to Council with a recommendation at a later date. CITY COUNCIL MEETING OF FEBRUARY 24, 1998 BOOK "S" 135 MAYOR'S ACTIVITY REPORT 1. Consider Resolution 98 -02 -24.1 revising the structure of the Parks Advisory Board to change the ex -officio secretary to the Parks/Greenspace Superintendent. Councilmember Lange made a motion to approve Resolution 98 -02 -24.1 revising the structure of the Parks Advisory Board to change the ex- officio secretary to the Parks /Greenspace Superintendent, and Councilmember Matthews seconded the motion. The motion passed unanimously.'! 2. Mayor Green reminded City Council about the Trade Expo to be held on Thursday night. COUNCILMEMBER ACTION 1. Update the recommended policy on state implementation plan (SIP) for air quality, as presented by Councilmember Davis. Councilmember Davis stated there are new policies being developed on air quality and these policies could effect Walker County. Several different st rategies are being considered to reduce ozone emissions. Councilmembers need to be aware that these policies are being developed and he will keep Council updated on them. 2. Consider settlement proposal from Entergy /Gulf States, as presented by Councilmember Luning. Councilmember Luring stated that negotiations are proceeding with Entergy on a settlement agreement. The Coalition of Cities is asking that the City affirm the general outline and direct its attorneys to proceed with the detailed settlement agreement. State TML Economic Development Committee. Councilmember James stated that she has been appointed to the State TML Economic Development Committee and will be meeting in Austin on the 15" of March. Recycling Center. Councilmember James complimented staff and especially Cindy Blaylock on the success of the Recycling Center. Expanding Facilities. Councilmember Lange stated that Council should listen to their constituents and if those constituents want to build facilities in this community, they need to come forward and run with the ball. Councilmember Matthews stated that she did not see a vast spectrum of the community coming forward and it is unfortunate that the bond issue for anew library/cultural center in 1993 did not pass. The community is in need of a new library and multi- purpose facilities and hopes that in the next three years that this initiative will resurface. Councilmember Rex stated that she supported the civic center issue in 1993 and does feel that Huntsville needs this type of facility and also hopes that the initiative will come up again. MEDIA INQUIRIES Wayne Sorge, KSAM, asked about the current status of the Fire Chief. Mr. Pipes stated that Tom Grisham's appointment as Fire Chief was rescinded today, and he will be considered for reinstatement tomorrow based on the actions of City Council at tonight's meeting. ADJOURNMENT Danna Welter, City Secretary