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HomeMy WebLinkAboutCC Minutes 2009-09-28 Regular 09/28/2009 3224 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 28, 2009 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 28, 2009, AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM HILL COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Councilmembers Barr and Reid were absent from the meeting. Mayor Smith called the meeting to order. 7:00 PM—REGULAR SESSION � The invocation was given by Dr. David Belk with First Baptist Church of Friendswood. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Bobbie Jones, Friendswood resident, addressed Council and stated she wanted to thank the Friendswood Police Department for catching the person who broke into the pool house in the Forest Bend Subdivision and stated at the last Council meeting she reported on the Pine Bark beetles in Friendswood and will kitl all the pine trees unless they are cut down, asked for Council's help in removing the trees for one time only. Fred Krch, Friendswood resident, addressed Council and spoke on the Mayor's comments regarding spending funds on facilitators and thinks there are Staff members that could facilitate tax money and know how to spend it. Asked about the children from Friendswood Independent School District (FISD) and stated there are approximately 5000 students in the schools, which only comprised up to 20% use of the parks facilities with 80% of the people to fund it, stated the Alvin Sports Park Contract is on tonight's agenda and quoted Davey Crockett"it is not your money to give away". CITY MANAGER'S REPORT City Manager Roger Roecker reported on the City Department's H1N1 Plan of Action and stated the H1N1 (or `swine flu') virus is a serious threat to workplaces across the country. Some estimates have stated that workplace absenteeism attributable to illness, the need to care for ill family member(s), and fear of infection, may reach 40 percent during the peak weeks of a community outbreak, with lower rates .,... of absenteeism during the week before and after the peak. A pandemic outbreak in any given community has the potential to last from six to eight weeks, and certain public health measures such as school closures are also likely to increase the rate of workplace absenteeism. In preparation for such an 09/28/2009 3225 � outbreak, the City is currently in the process of creating a 'pandemic influenza plan that will address the necessary steps that will be implemented during a pandemic influenza outbreak to ensure that the City's responsibilities and operations remain effective. This plan addresses the actions the office will undertake before, during and after an outbreak. It is important to note that while the plan focuses on influenza, it is also intended to serve as the template for responding to large-scale outbreaks of other highly infectious respiratory diseases. This is a contingency plan supporting the Harris County Public Health and Environmental Services Pandemic Influenza Plan, Galveston County Health District Plan, and the Friendswood Emergency Operations Plan. In summary, essential functions of the organization are being reviewed and a "three-deep per responsibility" plan is being set for each department. The goal is to help ensure continuity of operations if the large employee absenteeism rate that has been projected actually occurs. We certainly hope that our community remains healthy through this flu season, but we are working to prepare for an outbreak that might leave us with a "more lean than normal" Staff for several weeks. The City Manager reported on Baker Road Detention/Soccer Fields and presented recent photos that show what the Baker Road detention facility/soccer fields look like at this time. The City is very pleased with the way that the fields have turned out. The Community Services Department has worked hard in the recent months to prepare this land to be ready for soccer play by the end of October. Weather permitting the City is currently on track for this goal. The work to seed these fields began in June, when the City started to cut and weed the fields in preparation for drill seeding. That drill seeding began at the end of July and took approximately one month to complete. Watering, mowing and the spraying of herbicide continued, giving the fields the look that they have today. The City will soon begin drill seeding the fields with annual rye grass. In the meantime, our Community Services Department has already begun plans to meet with youth groups and start scheduling the use of these fields for the fall. Thanked Community Services Director, James Toney and the Community Services department for their hard work to prepare these fields for play. � ACTION ITEMS **Councilmember Barker moved to approve the final termination of the Real Estate Purchase Contract between the City of Friendswood and Wight Realty Interests, Ltd., to state the City is unable to proceed with the contract pursuant to the Austin ruling and cannot pay damages. Seconded by Councilmember Hill. The motion was approved 4-1 with Mayor Smith opposed. Councilmember Rivera stated this has been a major destruction for the last couple of months, the intended consequences is not necessarily what Council had hoped to do. Council took this action with the best interest of the City at heart. Council tried to resolve a problem with the City's athletic fields and recreational fields for the kids. The problem will not go away regardless of the action Council takes tonight and still have to explore that to solve the problem. Unfortunately as Council undertook these actions, everything that Council did and every action Council requested was ruled against which ties Council's hands on what they can do, felt at the last Council meeting that Council needed to address the issues of the "what if's", what if Council can work a deal with Alvin, what if Council can do anything and the bottom line is Alvin is not interested. Consequently Council is faced with a decision to have to put this thing to bed, it has divided the City enough and a rallying point to come together again is needed and supports the motion that has been made as a result of that. **Councilmember Holbert moved to approve a contract with Selectron Technologies for an Interactive Voice Response system for the Municipal Court and authorizing the Mayor to execute the contract. Seconded by Councilmember Rivera. The motion was approved 5-0. ..�. 09/28/2009 3226 � '`'`Councilmember Rivera moved to approve a contract renewal with Galveston County Health District for Water Pollution Control and Abatement for 2009-2010 and authorize the Mayor to execute the contract. Seconded by Councilmember Hill. The motion was approved 5-0. ""Councilmember Holbert moved to reject the disposition of Bid No. 2009-11 for Centennial Park Soccer Field Lighting-Field No. 33 and re-bid the project. Seconded by Councilmember Hill. The motion was approved 5-0. *"Councilmember Rivera moved to approve to solicit candidate nominations for appointments to the five member Board of Directors of the Galveston Central Appraisal District for two-year terms beginning January 1, 2010. Seconded by Councilmember Hill. The motion was approved 5-0. **Councilmember Barker moved to approve to solicit candidate nominations for appointments to the six member Board of Directors of the Harris County Appraisal District for two-year terms beginning January 1, 2010. Seconded by Councilmember Hill. The motion was approved 5-0. RESOLUTIONS *'`Councilmember Hill moved to approve Resolution R2009-51 - a Resolution of the City Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for water service. Seconded by Councilmember Rivera. The motion was approved 5-0. ,.-.� **Councilmember Rivera moved to approve Resolution R2009-52 -a Resolution of the City Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for sewer service. Seconded by Councilmember Holbert. The motion was approved 5-0. ORDINANCES *"Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2009-20, an ordinance of the City Council of the City of Friendswood, Texas, ("City") approving negotiated resolution between the Gulf Coast Coalition of Cities and CenterPoint Energy Entex ("CenterPoint" or "Company") regarding the Company's Cost of Service Adjustment ("COSA") filing; declaring existing rates to be unreasonable; requiring the Company to reimburse cities' reasonable ratemaking expenses; adopting tariffs that reflect rate adjustments consistent with the negotiated resolution and finding the rates to be set by the attached tariffs to be just and reasonable; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel. Seconded by Councilmember Hill. The motion was approved 5-0. "*Councilmember Hill moved to approve the First reading of Ordinance 2009-21, an ordinance accepting a petition of the property owners in The Lake of San Joaquin Subdivision and ordering that the traffic rules that apply to a public road be extended to private roads within this subdivision, pursuant to the provisions of§542.008 of the Texas Transportation Code; and providing a penalty of a fine not to exceed $200 for the violation of this ordinance. Seconded by Councilmember Rivera. The motion was approved 5-0. � 09/28/2009 3227 � "*Councilmember Rivera moved to approve the First and Final reading Ordinance 2009-22, an ordinance approving and adopting the City of Friendswood, Texas, General Budget for the fiscal year 2009/2010; making appropriations for the City for such fiscal year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember Holbert. Mayor Smith stated he recommends to wait a week if it does not create jeopardy, will not harm the City operations. Two Councilmembers are absent and suggests waiting until next week. *""Councilmember Barker moved to amend budget to remove the entryway signage funding contained in the budget. Councilmember Rivera withdrew the motion and Councilmember Holbert withdrew his second. Council concurred to place Ordinance 2009-22 on the next agenda. No action was taken on Ordinance T2009-23, an ordinance providing for the levy and collection of ad valorem taxes of the City of Friendswood, Texas, for the year 2009; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith reported that there will be "Saturday Coffee with the Mayor" on October 3, 2009 at 8:00 AM, at City Hall in the Council Chambers and reminded everyone that the deadline to register to vote in the November 3, 2009 election is Monday, October 5, 2009. � Councilmember Holbert stated he would like to send his condolences to Councilmember Barr's family for the recent tragic death in the family. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A - Authorize the acceptance of public improvements to the City Hall Parking Lot Expansion project for the contractor's one-year maintenance period. B. Authorize the acceptance of public improvements to the Sunmeadow Lift Station project for the contractor's one-year maintenance period C. Authorize the acceptance of public improvements to the South Friendswood Force Main project for the contractor's one-year maintenance period D. Approve Minutes of September 09, 2009, Meeting. Seconded by Councilmember Hill. The motion was approved 5-0. A motion was made and approved to adjourn at 8:15 PM. May avi J.H. Smith Attest: o� F R�EIy�� ' � �� ....,, � O Del ris McKenzie, T M � City Secretary * * �A��r� O� S��Pg