HomeMy WebLinkAboutCC Minutes 2006-02-06 Regular 2/6/06 2428
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
FEBRUARY 06, 2006 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, FEBRUARY 06, 2006, AT 3:00 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 CHRIS PEDEN
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
CITY MANAGER RON COX
DEPUTY CITY SECRETARY MELINDA WELSH
City Secretary Deloris McKenzie was absent from the meeting.
Mayor Brizendine called the meeting to order.
3:00 PM —WORK SESSION
Discussion was held regarding the City Manager Selection and the Transition Process. City Manager
Ron Cox discussed the timeline offered, which continues to September and is a fairly aggressive
schedule, but it is timed so any City Manager you might hire can arrive before school starts, should he or
she have children and also gives time for the city election to be completed, as some applicants will want
to wait for the outcome of the election before applying, stated he has used this timeline when choosing
department heads, suggested the committee framework of the selection committee should be a local
pastor, a Friendswood Independent School District person, a Chamber of Commerce person, two
business people, and a City Department Director with a facilitator, and would work with Council and Staff
on criteria. Mayor Brizendine asked Council to focus on the committee and the number of people on the
committee. Councilmember Ewing stated she would like two school district employees and add a retired
person. Councilmember LeCour stated in his experience a smaller number in group is better, likes having
two school district employees, Councilmember Goza stated two School District employees are
appropriate, Mayor Brizendine agreed and stated it is very important to include Harris County in the input.
Councilmember LeCour stated the committee should have a Harris County business person, Mayor
Brizendine stated the City should dedicate a position for Harris County instead, Councilmember Smith
asked when we say Chamber person, are we saying business person or employee, and likes having an
odd number. Mayor Brizendine stated should we drop the Chamber person and have a businessperson
from each side of the county. Councilmember Ewing thinks it is important to have people from both
school districts. Councilmember Smith stated the business people should be members of Chamber.
Councilmember Measeles asked if committee people would be Friendswood residents, Mayor Brizendine
stated they would discuss tonight. Mayor Brizendine stated Friendswoodians would choose better since
they know the history, needs, and the heritage and uniqueness of our environment. Councilmember
Measeles asked should we consider someone from the legal field, City Attorney John Olson was asked
and stated he has no opinion on this, Councilmember Measeles suggested someone from the county,
and likes the retired person addition. Councilmember Peden stated, "less is more" on this committee, find
people who might fit in 2-3 requirements, believes the City needs input from both school districts.
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Councilmember LeCour stated persons on the committee should be Friendswood residents. Mayor
Brizendine stated Council has consensus on a representative from Clear Creek Independent School
District (CCISD) and Friendswood Independent School District (FISD). Councilmember Peden stated he
disagrees with not allowing non-residents since employees with the school district do have a stake in City
government whether they are Friendswood residents or not, thinks we should be cautious about using
residency as a hard and fast rule, thinks most should be. Mayor Brizendine agreed with Councilmember
Peden. Councilmember Goza asked about policy on committee members being residents only.
Councilmember Smith stated the smaller amount of committee members the better, suggests five with an
alternate just in case someone drops out. Councilmember Peden suggested Council come up with a
number, Councilmember Goza suggested five members as well as Councilmember Peden. City Manager
Ron Cox stated there would be no representation from Council because of the privacy issue of
candidates. When Council gets the finalists applications it would be public information. Mayor Brizendine
stated there would be some City Manager candidates that do not want their City to know they have
applied for this position. City Attorney John Olson stated once a list of candidates have been submitted
he does not think they are protected. He will research this issue and get back to us. The committee may
be subject to the Public Information Act also. Councilmember Ewing stated the alternate position might
be a good one for a pastor. Mayor Brizendine asked if the consensus was two School District employees,
two business people, one department director and a pastor as an alternate. Councilmember Ewing
stated a retired person is left out. City Manager Ron Cox stated maybe the department director could be
an ex-officio but Councilmember Ewing stated likes having department director voting. Councilmember
Ewing stated she likes having seven members and add pastor as a voting member and a retired person.
Councilmember Measeles agreed since five may be leaving out people in areas that need representation.
Councilmember Peden stated he thinks seven will slow the process down and is for it being quicker rather
than slower, does not see added benefit. Councilmember Ewing stated every single group is represented
except for retired persons/seniors, can let the pastor position go. Councilmember Goza stated he thinks
five is plenty. Councilmember Smith stated we should look at people before looking at their
representation. Councilmember Ewing stated you should not combine retired with school district or
business people since they need to be active. Councilmember Peden stated it is a political decision more
than anything else that we would have both school districts, we should focus on quality people.
Councilmember Measeles stated let us choose five and move on, does not think the focus should be on a
speedy decision. Councilmember Smith stated the committee should be five persons and use the list of
10 types and fill those spots with quality people. Mayor Brizendine asked Council how they would decide
on five committee members with one alternate. Councilmember Measeles asked if Council would choose
the members or someone else, the answer was Council will choose. Councilmember Peden suggested
throwing out names at a Council meeting and deciding on those. Mayor Brizendine stated that is a
speedier process and likes it. Councilmember Peden suggested John Ring who is a business owner and
FISD School Board member. Councilmember LeCour asked if this should be discussed yet because it is
not on the agenda, is not prepared to nominate anyone yet. City Manager Ron Cox stated this was
scheduled for next week's workshop. Mayor Brizendine stated Council is not nominating but just throwing
out names. City Attorney John Olson stated this should not be discussed in this meeting since it is not on
the agenda. Mayor Brizendine disagreed. City Attorney John Olson stated he is being conservative and
consistent, there is no penalty to discuss and further stated it is okay to toss out names but make sure it
is understood these are not nominations, the process can be discussed but not the nomination.
Councilmember LeCour stated he is concerned with the timeline because with the upcoming election, and
if there is a change in Council, how would it effect this committee and the selection process, would
discourage the committee if there is a philosophy change after the election and should the committee be
named after the election. Councilmember Peden stated if we waited to govern due to the outcome of the
next election you would get nothing done, says waiting would be damaging, would have to appoint a
longer interim, needs to move forward, cannot adopt anything tonight. Councilmember Smith reminded
the timeline is a proposed schedule and outside forces will be at work, these are target dates. Mayor
Brizendine clarified that a meeting will be set next Monday to discuss nominations and it will be on the
agenda. It was decided to have Council bring names to the City Manager by Wednesday to discuss at
the next meeting. City Manager Ron Cox stated an outside person takes the field of applications and
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determines which ones are more qualified. If you do this in-house then those applications are subject to
open records. The smaller the group of applications is that goes to the committee the better for the
candidate. Mayor Brizendine asked why the committee cannot do this and City Manager Ron Cox
explained again because of the Public Information Act. City Attorney John Olson stated again that he
would research. Councilmember Peden stated he is afraid a headhunter would eliminate
businesspersons that might be good candidates and only focus on persons with City Manager
experience. City Attorney John Olson reminded Council they would tell the headhunter what criteria to
use to review the applications. Mayor Brizendine stated, if it is an open records issue, then have a
headhunter review applications but if it is not have the committee do this and keep the process
expeditious. Councilmember Ewing stated she thinks we need a headhunter because of the committee
members' time that would be required to accomplish the task of eliminating numerous candidates by
reviewing applications. Councilmember Smith asked City Manager Ron Cox what was done in the past.
City Manager Ron Cox stated that a headhunter usually did the initial screening and there was not a
selection committee, City Attorney John Olson reported that Council was the selection committee. City
Manager Ron Cox asked if we want an action item on the next agenda and Mayor Brizendine said no
since we would not have an opportunity to approach the person so we cannot make a decision yet. It
was decided to have an action item on the next agenda to nominate, they will then approach the
nominees and if they cannot or are not interested they will review at the next meeting and possibly
nominate more.
4:30 PM —CLOSED EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074 — Personnel Matters - City Manager and Section 551.071 — Consultation with Attorney
concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the
Attorney requires it.
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Pastor David Ruzicka with CrossCreek Community Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Mayor Brizendine honored the Friendswood Rapids Soccer Team, who won the 2005 South Texas Youth
Soccer Association Super II, State Championship in the 12 and under category for the second year in a
row. Mayor Brizendine introduced Head Coach David Montz, who then introduced the players, Joshua
Montz, Eric Wright, Michael Rich, T.J. Scott, Vance Smith, Evan Piccione, Patrick Schultz, Chase
LeGrand, Alexander Hines, Gunner Holle, Rudy DeHoyos, Tyler Dement, Jacob Baird, Alex Ferraiuolo,
Aaron Campbell, Conrad Beck, Drew Anderson and Assistant Coaches Bill and Michelle Rich, and
Trainer David Stewart.
Councilmember Smith presented a certificate of recognition to Scott Gordon, wife and son, and Jay
Delesandri with the Lighthouse Charity Team for their dedication and volunteer spirit in our community.
Mr. Gordon stated they were proud to be a part of the Hurricane Rita response.
Mayor Brizendine presented a proclamation to City of Friendswood Budget Officer Lynn Bucher, honoring
her for her 30 years of service. Mayor Brizendine stated that the book of Mark says, "Love the Lord with
all your heart, with all your soul, with all your might and with all your strength," and Lynn epitomizes this.
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She has done a great job with the City and is a person with a kind and loving heart. Ms. Bucher has
served the City of Friendswood as Bookkeeper, Accountant, Accountant and Data Processing
Coordinator, Data Processing Supervisor, Acting Finance Director on two occasions, Administrative
Accountant, and Finance Officer. Lynn Bucher spoke and stated that working for the City has been a
wonderful experience, introduced her daughter, granddaughters, son Christopher, son Jeff, daughter-in-
law and thanked her family for being understanding, thanked Administrative Services Director Roger
Roecker, could not have asked for better leadership from Roger, thanked Cindy Edge who is the
backbone of the department and a very good friend, thanked Councilmember Ewing for her sweet words.
Roger Roecker spoke and stated Lynn's reception was nice, former employees came back to honor Lynn
along with her church friends and family, had people asking today how many people he was going to
have to hire to replace her, her work ethic, grace, and her incredible memory will be missed. The best
compliment he can give someone is he feels he is a better person from having known. City Manager Ron
Cox stated he would like to congratulate her on entering this new phase in her life, appreciates her grace
and kindness, is always helpful, thanked her for getting to spend 15 of the 30 years at the City with her.
Councilmember Ewing spoke about mission trips and church activities they shared. Councilmember
Smith spoke about how invaluable Lynn has been to the City and thanked her family for their sacrifice.
Councilmember Peden stated he envies her and will miss her expertise and the faces she would make at
meetings when he would give wrong information. Councilmember Measeles stated he will miss her
smiling face and positive attitude, gave retirement advice, which is to learn to take naps, wife Shirley says
congratulations too.
COMMUNICATIONS FROM THE PUBLIC
Councilmember Measeles introduced Gene Hollier and Emmeline Dodd, representatives from the
Houston Livestock Show and Rodeo, and stated Emmeline has been a volunteer for over 20 years, and
Gene Hollier is a retired U.S. Air Force pilot. Emmeline spoke and stated there is a Nasa/Clear
Creek/Friendswood Go Texan Subcommittee who gives out scholarships. Councilmember Measeles has
been a big help, Councilmember Goza donated money and won Name Your Street. Mr. Hollier spoke
and gave history of the Houston Livestock Show and Rodeo and the scholarship opportunities, mentioned
Deloris McKenzie's daughter winning a scholarship, will top $200 million dollars in scholarships this year.
Asked for Council's support for the Nasa/Clear Creek/Friendswood Metro Go Texan Subcommittee, gave
information about the annual Trail Ride Route, which will start in Alvin and end at Johnson Space Center
in Clear Lake on February 21, where they will have a dinner and dance.
Don Johnson, 810 Myrtlewood, addressed Council and stated he was there to speak about proposed
Ordinance T2006-03 on the agenda tonight and the desnagging project, which he has spoken about
before. He stated this project is a flop, the maximum amount of benefit it should have provided was not
much. The Drainage District already gets tax money and we should not fund more, this is a Mickey
Mouse project that does not work to help with drainage. City Manager Ron Cox stated this is a last fiscal
year's work and will not be paid until we get a report on the work that was done.
Mike Sharp, 1200 Shooting Star, addressed Council and announced his candidacy for Position 1, stated
he and his wife are long-time veteran Houston Police officers and he is now a consumer bankruptcy
attorney, is concerned with increasing tax rates, first thing he would do is cut taxes, has eminent domain
concerns, and would change the City Charter to deal with that.
Jim Hill, 2404 S. Friendswood Drive, addressed Council and read a brief statement, stated he has lived
here 60 years, announced his candidacy and will announce for which position later, wants to change the
charter regarding eminent domain, wants to make it business friendly instead of begging businesses to
come.
Cindy Bohannon, 2102 McKissick Drive, addressed Council and stated she would like to speak regarding
the Brittany Bay extension, both routes are ecologically sensitive, putting this road in erodes
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Friendswood's small town feel, did not want to become like Clear Lake by putting another major road in,
asked Council to consider not building this road, does not benefit constituency, every Councilmember
needs to see the land this road will destroy.
Wayne Hale, 904 Applewood Drive, addressed Council and stated he has lived here 17 years, is here to
discuss the Brittany Bay extension, and would like to register his opposition particularly to the red route,
but to the extension in general.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Planning and Zoning Commission (P&Z) Chair Kevin Holland gave their annual report, will hold a retreat
after Council has their retreat to discuss P&Z goals, further discussed goals achieved in 2005 and plans
for 2006.
CITY MANAGER'S REPORT
City Manager Ron Cox stated that he had no report.
ACTION ITEMS
**Councilmember Goza moved to accept the resignation of the City Manager.
Seconded by Councilmember Smith. The motion was approved unanimously.
City Manager Ron Cox stated that he would like to reiterate that no Councilmembers have asked him to
leave either current or past, is feeling led to start something new, looks forward to coming back in 91 days
to come back and sit in the audience as a citizen.
ORDINANCES
**Councilmember LeCour moved to delete Item 10 on Attachment A of Ordinance No. T2006-03,
"Galveston County Consolidated Drainage District De-Snagging Project, $100,000. 2004 budget for the
City's contribution to the drainage district project was not expended in fiscal year 2004 and the budget
lapsed into General Fund Balance. Reappropriate the lapsed funds," from this ordinance.
Seconded by Councilmember Peden.
The motion was passed 6-1 with Councilmember Measeles opposed.
**Councilmember Measeles moved to approve the First and final reading of Ordinance No. T2006-03, An
Ordinance of the City of Friendswood, Texas, adopting "Budget Amendment II" to the "Original General
Budget of the City of Friendswood, Texas, for the Fiscal Year 2004-2005"; providing for supplemental
appropriation and/or transfer of certain funds; providing for severability; and providing other matters
related to the subject. Item 10 on Attachment A was deleted from this Ordinance.
Seconded by Councilmember Smith. The motion was approved unanimously.
**Councilmember Smith moved to approve the First and final reading of Ordinance No. T2006-04, An
Ordinance of the City of Friendswood, Texas, adopting "Budget Amendment I" to the "Original General
Budget of the City of Friendswood, Texas, for the Fiscal Year 2005-2006"; providing for supplemental
appropriation and/or transfer of certain funds; providing for severability; and providing other matters
related to the subject.
Seconded by Measeles. The motion was approved unanimously.
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**Councilmember Goza moved to approve the First reading of Ordinance T2006-05, An Ordinance
amending 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 changing the zoning classification of a certain 1.0 acre tract of land,
more or less, from Agricultural District (A-1) to Neighborhood Commercial District (NC), such tract also
being a portion of Lot 52 of the Sloan Subdivision, John Dickinson League, City of Friendswood,
Galveston, County, Texas; providing for the amendment of the City's official Zoning Map; providing a
penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing
for severability.
Seconded by Councilmember Smith. The motion was approved 6-1 with Councilmember Peden
opposed.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Measeles had no report
Councilmember Peden commented on the article regarding "Galveston County Reads Day" and stated he
wanted to clarify that he did not say the Mayor banned the book and apologizes if anyone misunderstood,
Council did not ban the book from the Library, thanked Library Director Mary Perroni for accepting him at
their recent meeting and making him a little more interested in the book, he asked what is the driving
force behind the Code of Ethics ordinance, do not limit the debate among the committees, Staff and
Council. He would like to congratulate Brian Harclerode who attained the rank of Eagle Scout,
Friendswood is the home to many Eagle Scouts and it speaks well of the community.
Councilmember Smith asked Council to look at the minutes from the recent P&Z meeting, the work they
are doing is stellar, thanked City Attorney John Olson for being at the recent P&Z meeting and helping
them.
Councilmember Goza stated at the State of the City Address the Mayor announced he would not run
again, we should celebrate his accomplishments and stated Mayor Brizendine has done a wonderful job.
He then stated he would like to announce his candidacy for Mayor in the upcoming election, has filed the
necessary reports and will file his application to be on the ballot at his earliest convenience.
Councilmember LeCour stated he missed the meeting where the City Manager announced his
resignation, stated that the City Manager had called him later to inform him that he had tendered his
resignation, and stated that as a manager of people, when an organization is good and you work to help
the people to be the best they can be, one of the down sides of that is when they have reached the top of
that mountain, they are going to look around for a taller mountain. Mr. Cox has done that, and he is
excited about his going out in the world and hunting that larger mountain to climb, and the City is very
excited for him and wishes him the best and he is going to do well because he is a very successful
person here.
Councilmember Ewing stated she and Councilmember Smith attended the Light House Cooking Team
fundraiser where they announced next Sunday that ABC television will have a special about East Texas
and will spotlight the cooking team, asked everyone to please tune in, thinks it is at 7:00 PM. Announced
he Clear Creek Nature and Cultural Tourism Council event on February 22 and announced April 22 is the
annual Spring Sparkle.
Mayor Brizendine stated he was concerned about the placement in the Library of the book featured for
Galveston County Reads Day. He reported that he read to 160 plus children at Cline Elementary this
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morning, enjoyed the State of the City Address and the retrospective of 2005 achievements, the
workshop earlier discussed the City Manager and the selection process, which will continue, the goal is to
move as expeditiously as possible.
CONSENT AGENDA
**Councilmember Smith moved to approve the Consent Agenda with the exception of Item D—Approve
and authorize the Mayor to execute a lease/purchase agreement with Wells Fargo Brokerage Services,
LLC, for replacement of computer hardware and software. A. Authorize the acceptance of streets,
drainage and utilities for Friendswood Oaks Subdivision for the contractor's one-year maintenance period.
B. Authorize the acceptance of streets, drainage and utilities for Oak Creek Forest Subdivision for the
contractor's one-year maintenance period. C. Approve and authorize the Mayor to execute the dedication
of a Public Utility Easement within the Public Safety Building site to Texas-New Mexico Power Company.
E. Approve and authorize the Mayor to execute an interlocal agreement with the City of Pearland,
Brazoria County, Brazoria Drainage District #4, and Galveston County Consolidated Drainage District for
a joint grant application to the Texas Water Development Board to fund the Cowards Creek Watershed
Study. F. Approve minutes of January 9, 16, 23 and 26, 2006 Meetings.
Seconded by Councilmember Ewing. The motion was approved unanimously.
"*Councilmember Smith moved to approve Item D — Approve and authorize the Mayor to execute a
lease/purchase agreement with Wells Fargo Brokerage Services, LLC, for replacement of computer
hardware and software.
Seconded by Councilmember Goza.
*"`*Councilmember Peden moved to table Item D — Approve and authorize the Mayor to execute a
lease/purchase agreement with Welis Fargo Brokerage Services, LLC, for replacement of computer
hardware and software.
Seconded by Councilmember LeCour. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:13 PM.
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Mayor Kimball W. Brizendin
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