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MIN CC 06/07/2005CITY COUNCIL MEETING JUNE 7, 2005 BOOK "T" 222 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 7TH DAY OF JUNE, 2005, IN THE CITY HALL, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: COUNCILMEMBERS: OFFICERS: Jack Choate Bob Tavenner Kevin Evans, City Manager Mickey Evans Jim Willett Danna Welter, City Secretary Judy Kayse Mac Woodward Thomas Leeper, City Attorney Clarence W. Griffin ABSENT: Steed Smith FINANCE COMMITTEE [5:00 p.m. — 5:30 p.m.] The Finance Committee met and discussed: a) matters relating to the refunding bonds; and b) budget amendments. I'I WORK SESSION [5:40 p.m. — 6:00 p.m.] City Council held a work session and discussed an interlocal agreement with Walker County for a joint prosecutor. ELECT ACTING MAYOR Councilmember Kayse made a motion to elect Councilmember Woodward as acting mayor, and Councilmember Choate seconded the motion. The motion passed unanimously. CALL TO ORDER [6:08 p.m.] Acting Mayor Woodward called the regular session to order. PLEDGE OF ALLEGIANCE to US AND TEXAS FLAGS, INVOCATION Theo Whiteside, Wastewater Services Superintendent, led the invocation. i PUBLIC COMMENTS (Agenda Items Only) None. PRESENTATION a. Proclamation — National Garden Week. CONSENT AGENDA a. Consider minutes of April 19, 29, and May 17, 2005. b. Consider Resolution 2005 -06 -07.1 designating certain city owned vehicles as unmarked vehicles. STATUTORY AGENDA a. Consider Huntsville Convention and Visitors Bureau's request for $15,625 to produce new marketing and promotional DVD's /videos for Huntsville Tourism and the creation and success of the Sam Houston Statue, to be funded from Hotel /Motel Tax Visitors Center Expense /City Council Community Discretionary Fund, as presented by Dee McFarland, Huntsville - Walker County Chamber of Commerce. b. Consideration and action with respect to an "Ordinance Authorizing the Issuance of City of Huntsville, Texas General Obligation Refunding Bonds, Series 2005; Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paying Agent/Registrar Agreement, an Official Statement, a Bond Purchase Agreement and an Escrow Agreement; Establishing Procedures for Selling and Delivering the Bonds; and Authorizing Other Matters Relating to the Bonds' (first and final reading), as presented by Joe Morrow, First Southwest Company. Councilmember Tavenner made a motion to aoorove an Ordinance Authorizing the Issuance of Citv of Huntsville. Texas General Obligation Refunding Bonds Series 2005' Levying an Ad Valorem Tax in Support of the Bonds; Approving a Paving ''. C. Approve a two year contract with Service Redi -Mix at $78.00 /cu.yard for the periodic purchase of concrete materials, as presented by Debby Mikulin, Purchasing Agent and John Hereford, Assistant Street Services Superintendent. The annual contract for concrete materials is due to expire. Products are purchased periodically and when needed to repair and restore the City streets, sidewalks, and driveways to meet City and state regulations. This contract is for a two year period. The bid tabulation is as follows: Bid 05.03 — Concrete (7 bid packets mailed and one bid received) Service Redi -Mix - $78.00 per cubic yard. CITY COUNCIL MEETING JUNE 7 2005 _ BOOK T' — 223 ;I Transit Mix, another local vendor, has had the contract for the last few years (Their current contract pricing for the Ii ';j City of Huntsville is $65.00 1cy.) Purchasing staff contacted them after the bid opening when a bid was not received from iI their office. They stated they had not received the bid invitation. The first attempt to mail the packet was in fact returned to the City, a new address was obtained from their office and the packet mailed a second time. The current market prices in surrounding counties range from $75.00 to $80.00 /cy as of May 3, 2005. Councilmember Kayse made a motion to approve a two year contract with Service Redi -Mix at $78.00 /cu.vard for the periodic purchase of concrete materials and Councilmember Tavenner seconded the motion. The motion passed unanimously. d. Approve the purchase of 12" pipe from ACT Pipe and Supply of Houston for $44,648.10 (Smither Overpass Project) and $39,141.90 (Hwy. 30 /FM 1791 project) for a total of $83,790.00, as presented by Debby Mikulin and Bill Daugette, Public Services Operations Manager. This pipe would be used for the following projects: Smither Overpass Water Line Included in the 2004 -2005 Capital Improvements schedule is the installation of 12" water line beginning at the south end of the Wal -Mart Property and extending approximately 3750 feet south to the Smither overpass. This new line will provide water service to the properties west of Interstate 45 and improve circulation of our distribution system. Hwy. 30 /FM 1791 Water Line Relocation Early this year the City was notified by TxDot that due to the widening of Highway 30 West the water lines west of F.M. 1791 and extending to the Timberwilde Subdivision would have to be relocated. We have established a route and determined the materials costs necessary to move the water line and are negotiating with TxDot to receive reimbursement for a large percentage of the costs associated with the move. motion passed unanimously. e. Consider budget amendments for FY 2004 -2005, as presented by Winston Duke, Director of Finance. Under the Council- adopted Budget and Fiscal Policies, transfers of greater than $3,000 between divisions and transfers of greater than $3,000 from the Reserve for Future Allocation budget item require Council approval. All transfers between divisions and transfers from the Reserve for Future Allocation budget item are reported to Council. Operating Budgets: Various Budget Adjustments to Water Fund (220), Golf Course Fund (225), Street Special Revenue Fund (603), Airport Special Revenue Fund (609) and General Fund (101). Councilmember Tavenner made a motion to approve the budget amendments for FY 2004 -2005, with the exception of the Airport grounds maintenance item and Councilmember Willett seconded the motion. The motion passed unanimously. f. Authorize the City Manager to execute a contract with Cingular for necessary cellular service, to be funded through budgeted funds; and authorize the purchase of the Blackberry Enterprise Server (BES) with 15 licenses ($2,396), applicable BES installation and training (at no cost with purchase of 15 licenses), fifteen If 5) Blackberry units for identified staff ($2,249.85), and the voice and data costs for the remainder of FY2004 -05 ($83.14 /month for voice and data X 15 units X 4 months = $4,988.40), for a total cost not to exceed $9,634.25, to be funded from IT Computer Supplies (101- 640 - 52140), to be presented by Stephanie Brim, Assistant to the City Manager and Department Heads. The City currently has less than 90 users but utilizes three separate providers for cellular service: Nextel,Cingularand Verizon. City-wide for FY 2004 -05, $53,227 was budgeted over various funds for this service. Several plans are in use, depending on the contracts between the providers and specific departments. In orderto improve access and availability of City employees as well as simplify the procurement, billing and tracking of cell phones, a committee has been working on a solution since November 2004. The committee agreed that the best long - term communications overall solution for the City would be three -fold: consolidate to one cellular service provider; develop a long -term plan for radio service; and evaluate and eliminate unnecessary land and /or cell lines. With regards to cellular service solution, the committee agreed to (1) create a standard justification form to be completed for each user; (2) consider a standard City -wide vendor, with mobile -to- mobile service included as part of the package; (3) determine Blackberry users, defined by City Manager with Department Head input; (4) consolidate coverage specifications; (5) considera stipend solution; (6) incorporate a standard payback program foremployees who exceed their allotted airtime; and (7) improve the current billing process. This proposal covers all items. (1) The form has been completed and is similar in structure and format to the credit card justification form. (2) Cingular, Verizon, Nextel, Sprint and Cellular One were contacted to submit a proposal ordiscuss their rates and a ' possible City -wide solution. Cellular One is not licensed in this area. Nextel service is already questionable in various parts of the City, County and surrounding areas. A demo phone was obtained to evaluate Sprint service; the users agreed that the service was limited and would not meet their needs. Cingular has submitted rates for voice and voice /data solutions. The plan(s) include: state discount of 18 %, unlimited mobile -to- mobile, nationwide long distance, and no roaming charges. In addition, Cingular will (1) upgrade phones from TDMA to GSM, if necessary, at no charge; (2) provide several choices of phone tradeslupgrades, if necessary, at no charge; '.j (3) transfer all current phone numbers; and (4) transfer all phone data as phone types allow. Demo Blackberry units and Treo units were obtained to evaluate both voice and data service through Cingular over a one -week period each. The Blackberry units were easy to learn and manipulate, with the only drawback the inability to open attachments, although with the purchase of the enterprise server and software, this should be remedied. The Treos were CITY COUNCIL MEETING JUNE 7, 2005 BOOK "T" 224 heavier, more bulky and much more difficult to maneuver through. Phone service was equal on both units, but the Blackberry was easier to place calls from, with fewer steps to maneuver through the process. The unanimous decision is that the Blackberry units are more user - friendly as well as better adapted to our specific accessibility needs. (3) Fifteen (15) Blackberry users have been identified: City Manager; City Attorney; City Secretary; Assistant to the City Manager; Finance, Administrative Services, Parks and Recreation, Public Safety and Public Services Department Heads; Public Services Operations and Planning Division Managers; and the IT Coordinator and (3) IT Network Analysts. (4) Consolidation of coverage specifications covered in (2); see above. (5) One solution proposed for consideration was to provide a stipend for employees to pay for a portion of their personal cellular service and utilize only one phone number for their personal and business use. Staff requested information from other cities regarding their cell phone issues and practices. Results showed 71 % of the cities polled provide the phones vs. 29% providing a stipend. Most of the cities providing a stipend were significantly smaller and had significantly fewer users. (6) Wording for overage payback from the employee is addressed in the proposed policy changes within the Personnel Policies that are being presented to the Personnel Committee for their recommendation to the City Council to update current policies. (7) The current billing process is cumbersome, as users are on varied plans through varied service providers and at varied costs. One provider means one bill as opposed to three bills with three billing periods, etc. A centralized provider would help streamline the billing verification and overage determination, reducing staff time allotted to evaluation, dissemination and follow- through of the bill. g. Authorize the City Attorney to obtain assistance from the Walker County Criminal District Attorney's office to perform duties of municipal court prosecution, authorize the City Manager to approve budget adjustments necessary for funding this position for this fiscal year, and authorize the City Attorney to negotiate and enter into an interlocal agreement with Walker County for such services, as presented by Thomas Leeper, City Attorney. Currently, the City Attorney spends 25 -33% of his time in or preparing for Municipal Court duties, both for general and school matters. Given the current workload of other City matters that require his attention in addition to prosecuting, the addition of a part-time prosecutor would allow more timely processing of legal matters through his office. In April, Council approved creation of a part-time (30 hours perweek) Municipal Court Prosecutor position to accomplish the above - stated result, at a cost not to exceed S41,582 annually. Subsequently, the Walker County Criminal District Attorney has proposed an agreement between the City and County to accomplish prosecution of Municipal Court and four Justices of the Peace Courts cases (see attached letter). The hiring, supervision and salarylbenefits for the person(s) performing prosecution duties will be assumed by Walker County. '.. Councilmember Kayse made a motion to authorize the City Attorney to negotiate an intedocal agreement with the Walker County Criminal District Attorney's office to perform the duties of municipal court prosecution and Councilmember Evans seconded the motion. The motion passed unanimously. NOTE: Councilmember Choate did not participate in the discussion or vote due to conflict of interest. h. Consider and take action regarding computer software and associated legal matters. [Executive Session] This item was not discussed. MAYOR I COUNCILMEMBER I CITY MANAGER REPORT a. Update on pending or contemplated litigation. b. Update on land acquisition. These items were not discussed. None. None. PUBLIC COMMENTS MEDIA ADJOURr/N�SMENT [7:30 p.m.] Danna Welter, City Secretary ,