HomeMy WebLinkAboutCC Minutes 2009-09-28 Regular 09/28/2009 3224
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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
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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
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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.
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'`'`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.
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**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.
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"*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:
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City Secretary * *
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