HomeMy WebLinkAboutCC Minutes 2009-11-16 Regular 11/16/2009 3245
�
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 16, 2009 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 16, 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
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM HILL
COUNCILMEMBER BILL HOLBERT
COUNCILMEMBER JIM BARR
CITY ATTORNEY BOBBY GERVAIS
CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Councilmembers Rivera and Reid were absent from the meeting.
Mayor Smith called the meeting to order.
,...,. 7:00 PM—REGULAR SESSION
The invocation was given by Public Works Director Kaz Hamidian.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Fred Krch, Friendswood resident, addressed Council and stated Coffee with the Mayor was enjoyable
and volunteered to bring coffee to the next coffee meeting, reminded Council of a technical article
previously provided to Council of a street analysis of a local street for comparative purposes. Mr. Krch
handed out information to Council regarding the celebration of the Bill of Rights planned for December 15,
2009.
Kathy Rogers, Friendswood resident, addressed Council and stated through open records requests she
had asked for contracts and invoices regarding the lawsuit and has not received anything as of today and
would believe that any action by Council at tonight's meeting would be premature.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported on future holiday events. Friendswood will be very busy
throughout the rest of this year with a number of excellent events and activities to look forward to. The
City's Community Services Department and many Friendswood volunteers will be working hard to
coordinate a number of exciting events, some of which are being planned a little differently than in years
past. Staff wanted to take this opportunity to share with City Council and Friendswood residents the
activities that are planned. On November 9-19, 2009 there will be decorating of City Hall, Stevenson
-- Park, Library and Fire Station #1. The Community Appearance Board (CAB) and `Brite Ideas' will be on
hand working at these locations to install brand new decorations courtesy of the Community Appearance
Board and Community Services Department. Ms. Penelope Burke has generously donated her time to
11/16/2009 3246
..,w
not only creating the exquisite decorations at City Hall, but also in coordinating the decorating process.
The City is extremely grateful to Ms. Burke, and all the CAB members, for their hard work, time and
talents this year. New decorations fitting the "Friendswood — A Bird Sanctuary" theme wili be found at
City Hall, and new lighting wi11 adorn the exterior of the building. Anyone driving by or visiting City Hall will
enjoy the new decorations. On November 21-22, 2009, will be the Annual Friendswood Heritage
Gardeners Christmas Tour of Homes, the Friendswood Heritage Gardeners' Annual Christmas Tour of
Homes ticket wiil include a stop at City Hall. On December 1, 2009, is the Friendswood Historical Society
Tree Lighting, this tree lighting is taking place at the Frank J. Brown Museum in Friendswood. On
December 2, 2009 will be the Hospice Tree Lighting Celebration. This year the Hospice Tree Lighting
has been moved from City Hall to the Friendswood Public Library to include a singing perFormance from a
local group, with a few words from the Mayor and the Hospice Care Team. The addition of lights and
color to the library will surely create a new and festive atmosphere to that corner of the City's downtown
area. On December 5, 2009, there will be the Annual Fun Run/Holiday Hustle. This annual event is back
with all proceeds benefiting the Laura Recovery Center. Participants can take part in the 5K Fun
Run/Walk, and kids can take part in the 1 K run. As always, the event will end with a hearty pancake
breakfast. On December 12, 2009, there will be an Annual Christmas Parade which the Friendswood
Chamber of Commerce is sponsoring. At the conclusion of the parade the City's Community Appearance
Board will host the Second Annual Santa in the Park event from 7pm until 9pm. Event participants will be
able to have their picture taken with Santa and Mrs. Claus, and enjoy many other attractions including a
snow hill slide and free hot chili provided by the Lighthouse Charity Team.
City Manager Roger Roecker reported on the City Sees Power Savings. The City of Friendswood is a
member of an electricity aggregation group called the Public Power Pool, which purchases power at
large-scale loads for a pool of local government entities. This contract will take Friendswood through the ,,,,�,
first meter read date after December 31, 2013. The contract the City is under is structured to minimize
risk through the pool of inembers while ensuring continued savings, and the Public Power Pool manages
the group's energy portfolio by incrementally purchasing power for the power pool at times that they
determine to be opportune. The contract also allows for the group to purchase power within a structure
that allows for further downward price movements, should they occur. The City recently received good
news from the Public Power Pool that for the first half of 2009 (January-June). the City paid $46,201 less
this year than in the same period in 2008. Across the board, all Public Power Pool members paid
approximately $11 million less in the first half of 2009 than in the first half of 2008. The City is pleased
with the way in which our power is purchased, and with our application for the $75,000 SECO grant for
energy efficiency. The City expects even greater potential for electricity cost savings in the future.
ACTION ITEMS
*"Councilmember Barker moved to approve action regarding the option of retaining an in-house legal
counsel for the City of Friendswood as an option for contracting for outside legal counsel services. Would
like to workshop sometime after the first of the year on what to do in the future regarding in-house legal
counsel.
Seconded by Councilmember Hill. The motion was approved 5-0.
Councilmember Barker stated for over 35 years the City has contracted outside legal service with growth
and complex laws and has served the City well. The City has grown and the population is nearly 38,000
citizens which is over 4 times the population of 35 years ago. The laws of operating a municipality are
becoming more complex and burdensome every year with no slow down to this trend. As an ordinary
person elected to serve this City and its citizens, it is imperative that total confidence is in the legal
opinions given on matters of City business and stated regretfully, recent events have shaken his faith
somewhat in this regard and an event forced him to reflect on the possibility that the time may have come ...
to employ in-house legal representation. An in-house attorney will be unable to fill 100% of the City's
future needs and from time to time the City will have to contract with outside law firms when a specific
11/16/2009 3247
�
requirement arises. Over the past several months questions have risen about the legal interpretation of
aspects in the Friendswood City Charter, this may have been avoidable and could have saved this City
and its citizens a lot of grief and agony, would like to suggest that Council consider the alternative of
hiring qualified in-house legal counsel to represent the City of Friendswood for future legal needs.
Councilmember Hill stated this past year has not been pleasant for the Council or for the people of
Friendswood. A lot of it was caused by the advice Council got from the City's legal counsel as well as the
Bond counsel and holds them equally responsibly for the predicament the City is in. Has received many
calls from citizens wondering when this issue was going to be addressed. Council should agree that the
time has come. The City will have to do some research to see what it will get for the dollars spent. Hiring
an in-house attorney may be more expensive than contracting with a law firm.
Councilmember Barr stated he would like to talk to a number of Cities of the same size that retain in-
house counsel.
Mayor Smith stated this has been something that has been talked about over the last four years, is a
strong believer that having a firm to represent helps with more complicated issues and will have to use an
outside firm to handle those complicated issues, examine how Olson and Olson (O&O) have done in day-
to-day process, asked to talk to Staff, personal interaction has been on a high level and has a very high
level of confidence in O&O. This is a tough time to be making this decision, it is still an emotional time
with backlash from the bond lawsuit and thinks this would not be on the agenda if Council had gotten a
different answer from the lawsuit, does not have a problem with looking into other possibilities but does
not want to have a drug out process.
._.
Councilmember Barker stated a workshop is the right place for this process, if Council wants to wait until
after the first of year or the first of February that is fine.
Mayor Smith stated he thinks a workshop is appropriate and because of the importance of the issue,
would prefer all of Council to be involved and stated he will relay the information to Councilmember
Rivera and Reid who are not here tonight.
Councilmember Barr stated he would want information far enough in advance to do his homework.
RESOLUTION
*'`Councilmember Barker moved to approve Resolution R2009-67 - a Resolution canvassing the returns
and declaring the results of the Special Local Option Election held on November 3, 2009, for the purpose of
submitting to the qualified voters of the City, on the issues of: 1) Legalizing the sale of beer and wine for off-
premise consumption only, and 2) Legalizing the sale of mixed beverages in restaurants by food and
beverage certificate holders only.
Seconded by Councilmember Barr. The motion was approved 5-0.
ISSUE NO. 1
FOR.........................................................................................................2,505 votes
AGAIN ST...................................................................................................1,163 votes
ISSUE NO. 2
FOR..........................................................................................................2,648 votes
~ AGAINST..................................................................................................1,021 votes
11/16/2009 3248
�
ORDINANCE
**Councilmember Hill moved to approve the Second and Finai reading of Ordinance T2009-26 - 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 205 E.
Edgewood from Single Family Residential (SFR)to Office Park District(OPD), such tract also being 2.942
acres (128,135 square feet) out of Lot 1, Block 2, Friendswood Subdivision, Sarah McKissick League,
Abstract No. 151, 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 Holbert. The motion was approved 5-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Hill reported on a group of girls in Eagle Lakes subdivision who held a lemonade sale to
support the proposed Veterans Memorial and in one afternoon they collected almost$200. A substantial
donation has been received from Tony Buzbee and the memorial will be completed by Memorial Day.
Contributions are coming along great, thanked Jim Maloney, reporter for the Journal, pictures in the
newspaper have increased the donations for this memorial.
Councilmember Barr congratulated Friendswood Independent School District (FISD) on their home
football game and stated they play again next Saturday.
...
Mayor Smith reported that the Friendswood Independent School District Band placed second in the State
and the volleyball team had a good run and congratulated the players.
CONSENT AGENDA
**Councilmember Barr moved to approve the Consent Agenda as presented A. Ratify and confirm the
Mayor's execution of the application for the Community Trees Grant.
Seconded by Councilmember Barker. The motion was approved 5-0.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
Section 551.074— Personnel Matters (City Secretary's mid-year evaluation).
Council convened into Regular Session with no action taken later in the meeting.
....,
11/16/2009 3249
,.�.
A motion was made and approved to adjourn at 8:34 PM.
Mayor David J. .
Attest:
o� FR�ENp�
' �` �O
� O
Delor McKenzie, TRMC � �
City Secretary * *
cA
�4TF OF '�+Q�
�