HomeMy WebLinkAboutCC Minutes 2005-12-05 Regular 12/05/05 2404
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 05, 2005 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 05, 2005, AT 4:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,
910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR KIMBALL BRIZENDINE
MAYOR PRO-TEM DAVID SMITH
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JOHN LECOUR
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Councilmember Peden was absent from the meeting.
Mayor Brizendine called the meeting to order.
4:00 PM —WORK SESSION
Discussion was held regarding the Code of Ethics. City Attorney John Olson gave a presentation
regarding enforcement of the Open Meetings Act and Freedom of Public Information Act (Open Records).
Communications of all types are subject to the Open Meetings Act. This includes emails, letters, and
telephone conversations. Deliberation with less than a quorum present for purposes of circumventing the
act is a criminal offense. Mayor Brizendine spoke about a specific circumstance in which the Main Street
Committee wanted to meet with two Councilmembers to discuss an issue. After consulting with the City
Attorney, it was determined that this may be a violation of the Open Meetings Act. Mr. Olson stated that it
is best to wait until a meeting to discuss any issues and that the public has a right to listen. Mr. Olson
also discussed Open Records. The City of Friendswood has had at least 1,000 requests that required an
Opinion from the Attorney General. Stated that this is the most abused process in the world. The act
used to allow the City Attorney to issue and opinion, but now it must go to the Attorney General.
Suggested that all documents on personal computers of Council that are regarding City business be
forwarded to the City Secretary to be filed with the City. This way documents subject to Open Records
are not retained on personal computers, and the documents aren't being deleted or destroyed.
Councilmember Smith asked about Open Records policies regarding blocking unwanted emails. John
Olson stated that this is not a violation, and there is a certain exception for informal communications. If a
document is a record that is not open to the public, the City is still responsible for retaining the record.
Correspondence between the City and the City Attorney are confidential due to the attorney client
privilege, unless the client waives the privilege. The City Attorney will add provisions to the Code of
Ethics to limit expressing personal opinions by City Officials. Officials can only be removed from office
when expressing an opinion while representing the City, City Council, or a Committee. When an official
expresses a political opinion as an individual, they are protected under the first amendment and cannot
be removed from office. Violations would be turned over to the Police Department to be considered for
criminal prosecution.
5:30 PM —CLOSED EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074— Deliberation regarding Personnel Matters. (Six-Month Review of the City Secretary)
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Council convened into Regular Session at 7:00 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Pastor Dan Loaiza from Calvary Chapel.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Mayor Brizendine presented a proclamation honoring Army Specialist Darrell Fales for service to our
country and to this city. Mr. Fales stated that the support of friends and family back home is what keeps
everyone overseas in the Armed Forces going. Council and Jeff Smith, Chief of Friendswood Volunteer
Fire Department, honored Mr. Fales.
Mayor Pro-Tem David Smith presented the 7th Community Spirit Award to Scott Derr for donating his
services to paint murals on City bridges. Mr. Derr introduced his family and stated it was a privilege to
live in Friendswood and to be able to raise his family here. Council sang happy birthday to Mr. Derr's 11-
year-old son Andrew.
COMMUNICATIONS FROM THE PUBLIC
No one spoke.
CITY MANAGER'S REPORT
City Manager Ron Cox reported on Police Chief Bob Wiener's graduation from Leadership Command
College, LEMIT. Chief Wieners recently graduated from the Leadership Command College of the Law
Enforcement Management Institute of Texas. A consortium of universities throughout Texas teaches the
program. Chief Wieners now joins Captain Jimmy Holland and Captain Shari Burrows as graduates of
the nine-week program that is taught by top national and international law enforcement experts. The
Friendswood Police Department has adopted the Leadership Command College as its primary leadership
development venue and has seven other supervisory police officers that are enrolled in the program
currently at different levels of completion. This program provides law enforcement administrators and
executives with the skills necessary to effectively manage police agencies and deliver a high level of
service to their communities. Topics included leadership, professional ethics and integrity,
communication and personal management issues. The curriculum also strives to keep participants on top
of contemporary issues in Criminal Justice.
City Manager Ron Cox reported on the Lone Star Library Grant Award. The Texas State Library has
announced the award of a $6,432 grant to the Friendswood Public Library. This is the fourth year the City
has received this funding. Although not a large grant, it will be put to good use. Staff will be using these
funds to purchase juvenile and young adult materials, educational DVD's, and materials to support an
Emerging Literacy program.
City Manager Ron Cox reported on the Workers Compensation and Liability Insurance. In 2002, Council
asked Staff to place a greater emphasis on managing risk in the City, primarily emphasizing safety of the
employees. In 2002, a new position was created and Norm Stuart was hired as our Safety and Training
Coordinator. At that time, the City's Workers' Compensation modifier was .87. The information provided
below shows the performance and value of this decision. Staff appreciates the foresight and direction of
Council, and the City Manager's Office appreciates the diligent work of the entire Human Resources/Risk
Management staff in the Administrative Services Department. Roger Roecker, Bill Bender, Norm Stuart,
Catherine Almond, and Mayra Padilla are to be commended. More than that, Staff and all employees
have responded by being more aware of safety and practicing the safety training they have received.
12/05/05 2406
They, too, are to be commended. Workers' Compensation Insurance - The City's Workers'
Compensation (WC) Insurance rate modifier has declined from a high of .91 in FY1997-98 to the current
level of .47 for 2005-06. The WC modifier rate is an integral factor in determining our WC premium. To
determine the actual WC premium, the base premium (determined by calculating the job class rate and
estimated total payroll), is multiplied by the WC modifier rate. So, the lower the WC modifier rate, the
lower the actual premium. Last FY2004-05, the City experienced no lost-time injuries and only five WC
claims. Based on the FY2004-05 data, the City's WC modifier rate should decline for FY2006-07. The
WC Modifier Rate is an indicator of the City's Accident Rate; therefore, the lower, the better for the City
and the employees. Liability Equity Return - In November, the City received a check from TML for
$16,856.00 as part of the Equity return program (Rebate). This equity return is a direct result of reduced
losses over the past several years in TML's Liability Fund. The City received the maximum return of 15
percent of our liability contribution for the FY2004-05. The percentage was determined by the City's loss
ration, which was at 80 percent or below for the past three years. Property Equity Return - The City is
expecting an Equity return from TML in February or March based on our property loss ratio. The amount
of return has not been determined as of this date.
City Manager Ron Cox reported on the Public Safety Building Groundbreaking. The official
Groundbreaking Ceremony for the new Public Safety Building will be held on Monday, December 12,
2005, at 2 p.m., on the Public Safety Building site at FM 528 and Whitaker Dr. Invitations were sent to
area dignitaries and officials, as well as current and past local elected officials. The 28,000 square foot
facility will house the Police Department, Fire Marshal/Emergency Management Office, including the
Emergency Operations Center, and Municipal Court, including a Court Room. The construction portion of
the project comes to $4.7 million and officially started on November 28. Construction of the building is
scheduled to be complete in February 2007. The City wants to encourage any interested person to
attend.
ORDINANCES
**Councilmember Goza moved to approve the First reading of Ordinance No. T2005-37, An Ordinance
amending Ordinance No. 2000-38 passed and approved on the 16th day of October, 2000, same being
an amendment to Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood,
Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November 1984, and being
the Zoning Ordinance of the City, by amending the Specific Use Permit contained in Ordinance 2000-38
to authorize the use of property located at 107 Shadwell for Childcare, Swim Lessons, Swim Parties,
Water Aerobics, and Catering Uses; providing for the amendment of the City's Official Zoning Map;
providing for severability; and providing a penalty in an amount not to exceed $2,000 for each day of
violation of any provision hereof.
Seconded by Councilmember Smith.
***Councilmember Goza moved to amend Section 4 of Ordinance No. T2005-37, to add "Except to the
extent this ordinance imposes more stringent standards as conditions of authorizing the specific use(s)
permitted hereby, the underlying zoning regulations applicable to the district in which the property is
located shall apply. Without limiting the generality of the foregoing, it is specifically provided herein that
any use of the subject property, present or future, shall be subject to compliance with parking regulations
applicable to such use." and changing section numbers 4, 5, and 6 to sections 5, 6, and 7.
Seconded by Councilmember Smith. The motion was approved 6-0.
****Councilmember Goza moved to approve the main motion as amended for the first reading of
Ordinance No. T2005-37.
Seconded by Councilmember Smith. The motion was approved 6-0.
COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS
Councilmember Ewing reported that she attended the lighting of the Christmas tree in front of City Hall by
the Hospice Care Team, Community Appearance Board Meeting, Clear Creek Nature and Cultural
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Tourism Council meeting with Councilmember Measeles and Mayor Brizendine and reported on the
dollars that High Island and Alvin are enjoying from the nature tourism.
Councilmember LeCour thanked Councilmember Ewing for the reminder about the Hospice tree lighting
at City Hall that he observed and participated in, appreciated volunteers that helped beautify City Hall for
the holiday season.
Councilmember Goza stated that he had nothing to report.
Councilmember Smith reported on the Chamber of Commerce and Rotary Club Christmas meeting last
week, Planning and Zoning meeting last week and commended all that they are doing, Chamber of
Commerce hosted the grand opening for the new Primrose School on FM 528, reported this is a
wonderful complimentary program to Friendswood Independent School District, excellent, and
commented on the nature tourism in High Island and the dollars that it has brought in.
Councilmember Measeles reported that he attended some of the same meetings and reminded everyone
of the Frank Brown Museum tree lighting tomorrow evening at 7:00 PM.
Mayor Brizendine reported that he attended many of those same meetings
Lisa Price, Friendswood Police Department, reported on the Blue Santa Program, supporting 10 families
with 36 to 40 children, still accepting families until December 9, reported that on December 10, from 10:00
to 3:00 at Sonic will have Cop Hop for tips for the Blue Santa program and toy drive.
CONSENT AGENDA
'"*Councilmember Smith moved to approve the Consent Agenda as presented. A. Award Bid No. 2005-11
for the purchase of three '/ ton pickup trucks for Community Development-Public Works Department. B.
Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular January Council
meetings for January 9 and 23, 2006, due to the New Year's Day holiday. C. Approve Minutes of
November 14, 2005 Meeting.
Seconded by Councilmember Goza. The motion was approved 6-0.
A motion was made and approved to adjourn at 7:34 PM.
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Mayor Kimball W. Brizendine
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