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HomeMy WebLinkAboutCC Minutes 2010-08-16 Special 08/16/2010 3385 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 16, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,AUGUST 16,2010,AT 6:00 PM AND A REGULAR MEETING 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 JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON (arr. 6:50 PM) CITY MANAGER ROGER ROECKER CITY SECRETARY MELIIVDA WELSH Mayor Smith cailed the meeting to order. ,,,,,,,� 6:00 PM-SPECIAL SESSION A discussion was held regarding the proposed FY2010-2011 General Operating Budget for the City of Friendswood. Administrative Services Director Cindy Edge presented a PowerPoint presentation and stated there were questions about the budget that included merit funding options,which were the General Fund and Water and Sewer fund. The estimated tax rate was proposed with examples of one percent,two percent and three percent with the total additional tax revenue for each percentage. Council asked why would the 2010-11 salary be greater than the forecast when there is no merit increase and Cindy Edge gave an example of an employee with the salary of $30,000 and anniversary date of July 1, 2010, and further stated that if the employee receives a two percent increase in Fiscal Year 2009-2010, three months of the increase will be expended in the current year. Councilmember Barr asked Police Chief Bob Wieners when the last time police officers were added and Chief Wieners answered in 2006, the department went from having 1.4 to 1.5 officers per thousand. There are currently 56 officers on board, the department received a half position last year and that new hire is in the police academy now, will graduate in December, and will be ready for duty in February or March. Councilmember Barr asked Chief Wieners if there had only been one officer hired in four years and Chief Wieners responded affirmatively. Councilmember Barr asked Chief Wieners how many more homes have been built in the past four years that the Police Department is now servicing and Chief Wieners stated he was not sure, would have to defer to Community Development Director Morad Kabiri to answer that question. Chief Wieners stated the police officer to citizen ratio is approximately 1.5 per thousand. Councilmember Barr asked how that ratio compares to other communities and Chief answered that it compares favorably to Pearland and League City and Friendswood's crime rate is well below State average,runs neck and neck with West University Place. Councilmember Barr asked about the new homes in West Ranch and the Junior High School being added and with those forces coming into the community asked Chief to please explain why more officers are needed. 08/16/2010 3386 ..�. Chief Wieners stated his staffing plan was to have 1.4 officers and the decision was made to move to 1.5 because of EI Dorado opening up and moving the Police Department out of the downtown area, it also had to do with community expectations and tolerance of crime and disorder,expectations in this community are high, traffic safety program and other programs need to be staffed and maintained, response time is good and crime rate is stable, challenges ahead are organized criminal activity in the region, increased numbers of repeat offenders released from prison, increase in population/mobility throughout the City,the large amount of illegal drug-refated activity in the greater Houston area, lack of regulatory control over prescription drugs,pain clinics, physicians, emotionally disturbed persons, community stressors related to the economy and crime displacement from other locations. Councilmember McGinnis stated his questions for Chief Wieners are about overtime and are extra officers needed to stay ahead of the curve. Chief Wieners stated yes, patrol overtime includes holiday pay, revenue stream from school district is for traffic control in the mornings and security,overtime is used for parades and other events, other crime events that are situationally driven, officers are second to none at taking late calls and late arrests even if its at the end of their shift. Councilmember McGinnis stated most of these questions were answered at the last workshop, would be interested in the salary survey from City Manager Roger Roecker as they compare to other cities, is also concerned about the Information Technology (IT) budget increasing, is there a strategy to get them to a plateau. The City Manager stated there is a salary survey available and will send to Council. Mayor Smith asked about the salary survey and Mr. Roecker stated it is the annual Texas Municipal League survey and it will be provided to Council. Councilmember Brown stated she provided a memo to Staff earlier regarding her budget questions and knows that Staff cannot respond to all of the questions tonight, is not in favor of a salary increase for Staff, there "'"�0 should not have been more than a two percent raise last year. The contract with Riveron Consulting comes up for renewal on September 30 then the fee becomes an hourly rate, questioned why Friendswood pays more for Riveron's services than City of Nassau Bay pays, believes the salary to hire an employee for grant services is comparable to Riveron's fee. She further stated that the $17,000 the City pays for a facilitator could be better used elsewhere. The City might consider outsourcing some City services, is also concerned with the Information Technology (IT) budget but is not sure what the components of the IT budget are. Councilmember Brown stated she is also unclear about Municipal Court's budget,judges salaries, regarding Economic Development, is not sure of breakdown of contracts,funds not used last year should be used in this budget. Council was provided with a budget that reflects an increased tax rate, what would the budget look like if the tax rate stays the same, agreed that an increase is probably necessary at some level, spending money for an extra police officer would be better than spending money on a facilitator,some finagling needs to be done with the numbers, has some concerns with the budget as it is now. City Manager Roger Roecker stated a salary increase of 2.25 percent was budgeted last year reflecting a range of 0 to 2.5 percent increase for Senior Staff and a range of 0 to 3.5 percent increase for line employees, explained that some of the increase is budgeted in this year's budget and some in next year's budget, feels there is a need for a facilitator but did cut some of that$35,000 budget,will use for Staff development. Staff will provide Council with an explanation for growth in Information Technology. A Request for Proposal(RFP) for outsourcing IT was solicited a few years ago and Council will be provided with the results. Municipal Court has a lot of part time and contract employees. Staff can provide a review of the Municipal Court budget to Council. Staff did not propose a tax reduction because it would have been a possible cut in services down the road. Councilmember Holbert asked Chief Wieners about staffing for additional public safety issues that have always been moved to Decision Packages, the effect a large rain event has on the budget, the effect of the proposed large development coming in on the panhandle area of Friendswood, increased number of homes at """' West Ranch, and other upcoming developments. It seems the City is falling backward and behind the curve, 08/16/2010 3387 � many arrests that are made in Friendswood are people who live outside of Friendswood, questioned if Friendswood is at risk for officer retention because are not competitive. Chief Wieners stated that the City is still competitive and when pay plan was set up three years ago,competing agencies were reviewed to ensure Friendswood's salary was competitive to maintain and attract better officers. Chief further explained that military and most other types of agencies have a step plan but Friendswood has a merit plan,the junior patrol officer's average net salary is in the$30,000 range so the patrol officer survives by working extra jobs,working overtime, or their spouse works. Past Council's have treated employees fairly and the salaries reflect that. There is no way to budget for critical incidences, emergencies are budget busters for all departments, for instance street maintenance has not been budgeted either, not just police officers, is certainly Council's prerogative to cut staffing. Councilmember Holbert stated that he still wants to point out that not moving forward with the Municipal Cost Index(MCI) is costing every Department Head three percent more to provide services, and it makes things tougher to balance, has thought more about merit increases,funds may or may not be used because of inerit, it may be possible to trim the budget in other areas but is not willing to reduce the public safety expectations that the public has in Friendswood, before doing that $200,000 could be used for street repair and for maintaining levels of police staffing and public safety issues and take funds out of reserves for streets. Councilmember Hill stated most of his questions have been asked and answered, does not want to cut back on public safety but Friendswood is well policed right now, and is not sure the City should be hiring in anticipation of growth that is not currently happening, believes that there are some line items that can be trimmed, streets are quite good in Friendswood compared to other cities because Public Works Director Kaz Hamidian is doing a good job keeping them in good shape. � Councilmember Barker stated has heard everything he needs to hear at this point. Mayor Smith stated that Council needs to decide what to do next by developing a schedule that will move the budget process along and to come to some consensus, has heard a lot today and believes that it is getting down to nitty-gritty. Council needs to get together again so he will work with the City Manager to come up with Plan A and Plan B for scheduling options. Councilmember Barker asked for the drop-dead date for budget and the City Manager replied that according to the City Charter the budget must be approved by September 15. Councilmember McGinnis asked if Councilmember Brown's questions thatwere e-mailed earlier could be read or answered via e-mail and City Attorney Bill Olson stated the questions should be answered during a meeting. 7:00 PM—REGULAR SESSION The Invocation was given by Pastor Tim Liston with New Hope Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Secretary Melinda Welsh administered the Oath of Office for reappointment to Municipal Court Judge James Woltz and Associate Judge Richard Flake. 08/16/2010 3388 � PUBLIC HEARING Mayor Smith called a Pubiic Hearing to order, to receive comments from the public, either oral or written, regarding the proposed City of Friendswood General Operating Budget for FY 2010-2011. City Manager Roger Roecker presented an informational PowerPoint and stated that Staff developed a proposed budget that maintains current services and that is based on the projected effective tax rate. There are no new full-time or part-time positions included. City Staff has cut the City's operating budget by more than$126,000,the proposed budget contains no pay increases for City employees. The Fiscal Year 2010 tax rate is$.5797/$100, the proposed Fiscal Year 2001 tax rate is$.5870/$1000. The maximum homestead exemption required by law is twenty percent and Council should be applauded for offering it to Friendswood homeowners. The Fiscal Year 2011 Proposed Revenue (All Funds) are Property Taxes of $13,819,201, Service Charges of$9,509,102, Sales Tax of$3,748,428, Intergovernmental of$1,880,148, Franchise Taxes of$1,404,742, Fines of$1,086,212, Miscellaneous Receipts of$815,729, Licenses and Permits of$496,222, VRP Reimbursements of$253,154, Interest of$165,094,and Mixed Drink Taxes of$28,859. The Fiscal Year 2011 Proposed Expenditures (All Funds) are Public Safety of $9,777,176, Community Development and Public Works of $7,997,697, Capital Improvements of $5,898,364, General Government of $4,825,513, Community Services of$3,545,252,and Vehicle Replacement Fund of$859,075. The General Fund Balance is ninety-day reserve based on the unaudited Fiscal Year 2010 expenditures. General Fund is$7.05 million, 90-day emergency reserve is $5.1 million, other designations are $247,000, projected undesignated fund balance (for future capital improvements) is $1.7 million. The General Fund-Forces at Work (FAW's) and Decision Packages (DP's) are as follows: City-Wide Fuel Increase of$25,000, Activity Building Foundation and Floor Repair of$35,200, City Attorney Services increase of$50,000, Street Maintenance Program of $200,000, Facility and Equipment Maintenance Contingency of$20,000,Total of$330,200, Unappropriated Revenue of$53,818. The Revenue Comparisons(Fiscal Year 2010-Fiscal Year 2011)are the General Fund � is $18,968,014 for Fiscal Year 2010 and $19,656,184 for Fiscal Year 2011. The Tax Debt Service is $1,902,167 for Fiscal Year 2010 and $1,555,439 for Fiscal Year 2011. The Water/Sewer is$9,610,381 for Fiscal Year 2010 and$9,114,000 for Fiscal Year 2011. The Total for all funds is$31,506,813 for Fiscal Year 2010 and $33,206,891 for Fiscal Year 2011. Fiscal Year 2011 proposed includes $1,739,226 in EDA water/sewer funding for the grant in the Panhandle. No grant revenue was included in the Fiscal Year 2010 original budget. The total for Fiscal Year 2011 is$31,467,665. No one spoke for or against the proposed budget. Mayor Smith closed the Public Hearing. COMMUNICATIONS FROM THE PUBLIC Lori Moore, Friendswood resident,addressed Council and stated going to the circus was a treat when she was a child, but the last Council meeting was an embarrassment, believes a person not living in Friendswood should not be on the Planning and Zoning Commission, the constant badgering and belittling of the new Councilmembers should not be done, there should be a healthy debate between Councilmembers and personalities should be taken out of the discussions, there is a disconnect befinreen the public and the City, there should be a pipeline to citizens such as through Homeowners Associations, how the next years will be spent is up to Council. Jackie Gibson, Friendswood resident, addressed Council and stated Council does not have a common definition of resident, explained definitions of resident, what Council is doing is illegal, gave definition of qualified voter, should be a registered voter which requires to reside in the City, Planning and Zoning Commissioner Ruben Garcia is not a qualified voter in the City,follow the policy you have,thinks all committee � members and commissioners should be residents. 08/16/2010 3389 � Bobbie Jones, Friendswood resident, addressed Council and stated she would like to thank City Council and employees for finding the money to pave Blackhawk, is in favor of the Farmers Market,would be a wonderful attribute to Friendswood, should have it on Saturday and maybe Sunday, Tony Buzbee will have the needed resources available and have needed materials to sell, the City should work with him and do its best to get it here, there are not too many Farmers Markets around. Fred Krch, Friendswood resident, addressed Council and stated he would like to present a handout to Mayor and Council regarding defining the word "citizen", listened to the last Council meeting on video, got embarrassed and disappointed at comments by Council especially after a Christian prayer was prayed, all elected officials are equal,voters wanted change with new Councilmembers, regarding the issue of Planning and Zoning Commissioner serving there are 17,000 residents legally able to serve on the Planning and Zoning Commission,what Council has stated with the vote not to allow the new Councilmembers access to records from prior to when they were elected, have to live according to the votes of the people and make sure all elected officials are equal and not establish second rate Council. Tom Timmins, Friendswood resident, addressed Council and stated some decisions do not stand up to legal scrutiny, does not know what quality of legal advice Council is getting behind closed doors, an opinion was requested at the last meeting and one was proffered that he thought was unclear, it is time to consider outside legal services instead of who the City is currently using. David Montz, Friendswood resident, addressed Council and stated he has been a resident a long time, on a lighter note he is on Parks&Recreation Board,wants to bring a dead issue back up,there is a need for more parks space and facilities, the aka Lake Friendswood/Lake Windemere project is an inch away from ,,,,_, something all citizens can enjoy as a City, has been talked about for a while,the Parks and Recreation Board would love to workshop with Council, parks space is a problem, sports are lacking field space, Junior High School sports field projects are behind so are using Centennial Park which makes field space more limited, Parks and Recreation Board is working hard and would like to meet with Council regarding some issues, is itching to get some projects going. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Galveston County Economic Alliance(GCEA) President Don Gartman appeared before Council and gave a report and explained what his organization does, how it is funded, stated the lingering effect of Hurricane Ike and the economic downturn has made economic development a challenge, petrochemical plants are largest taxpayers in the county, the Alliance is pursuing medical, chemical and other prospects, has a new website, and thanked Council for its support. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Texas Municipal League Intergovernmental Risk Pool(TML- IRP) has informed the City of Friendswood that it will receive an equity return this year of$37,007. This is a refund of insurance premiums paid previously and is based on the City's successful loss prevention efforts and length of inembership. The check will be issued in December. Since 2003, Friendswood has received $224,933 in equity returns. The City is pleased to be a part of this self-insurance program and is proud to have a City Staff that practices safety so diligently. As a result, the Workers Compensation experience modifier will be even lower than the modifier that was assessed this year. The modifier is the number that is calculated to determine the premium for Workers Compensation coverage. TML-IRP also establishes an additional discount that,with good experience history, reduces premiums further.TML-IRP, a self-insurance fund, provides liability, property and Workers' Compensation coverage to Texas local governments. The ....,. City's current discount is twenty-seven percent based on experience history for the last three years. This $37,007 return is a testament to the excellent safety practiced by employees. Employee safety has helped save taxpayer dollars, and Senior Staff is very appreciative of the work that all City employees have done to achieve this high safety rating. 08/16/2010 3390 � City Manager Roger Roecker reported that residents in the Lakes of Faicon Ridge have requested a sidewalk along Manison Parkway inside Centennial Park that would connect their subdivision to the new Friendswood Independent School District(FISD)Junior High School property. The City discussed the possibility of entering into a license agreement for the use of this property with FISD. Staff also had discussions with Friendswood Development representatives about the possibility of building a sidewalk from the existing sidewalk to the school property line. On August 4, Staff received confirmation that this amenity will be added to the park. A portion of the sidewalk will need to be constructed by FISD to close the gap. Councilmember Barr thanked Mr. Roecker for making the sidewalk construction happen, asked when this would happen and Community Development Director Morad Kabiri stated before the first day of school. Councilmember Brown stated she would like to thank West Ranch for coming up and stepping up with those issues and thanked the Community Development Department for helping make that happen. Councilmember Barr asked to move items up that require someone in the audience waiting or requires Staff time such as Agenda Items 12, 13, 14, 17, 18, and Consent Agenda. With concurrence of Council, Mayor Smith moved to Item 12 on the agenda. ACTION ITEMS **Councilmember Barr moved to approve appointments of Susan Delcambre as a regular member to the Keep Friendswood Beautiful Committee, Dorothy Montz as a regular member to the Senior Citizen Advisory Committee,and Irma Trevino as an alternate member to the Senior Citizen Advisory Committee,with all terms ,,,,,,� expiring in July of 2013. Seconded by Councilmember Holbert. The motion was approved unanimously. Councilmember Barr stated the appointment of Susan Delcambre is to fill a vacancy left by Lisa Ramsey on Keep Friendswood Beautiful. Councilmember Holbert stated the Senior Citizen Advisory Committee vacancy was created by a long-time member that moved. Appointee Dorothy Montz is familiar with the committee and Irma Trevino has been a volunteer and has worked at the center for a good period of time. With concurrence of Council, Mayor Smith moved to Item 13 on the agenda. **Councilmember Barker moved to approve action regarding solid waste/recycling services and IESI TX Corporation's request for a rate adjustment. Seconded by Councilmember Barr seconded. The motion was approved unanimously. Administrative Services Director Cindy Edge introduced Royce Gray, IESI's District Manager who discussed the thirty-five cents a month per household increase. Mr. Gray stated this would be effective in December. With concurrence of Council, Mayor Smith moved to Item 14 on the agenda. ""Councilmember Hill moved to approve a contract with LJA Engineering &Surveying, Inc., for engineering design services for Phase 2 of the Surface Water Plant#2 upgrades, authorizing the Mayor to execute the contract and authorizing the appropriation of funds. Seconded by Councilmember Barr. The motion was approved unanimously. .... **Councilmember Brown moved to approve the draft resolution submitted amending Section 4.06 of the Policy for Appointments to Boards, Commissions, and Committees. Seconded by Councilmember McGinnis. 08/16/2010 3391 � '`'"`Councilmember Holbert moved to table the draft resolution submitted amending Section 4.06 of the Policy for Appointments to Boards, Commissions, and Committees until it can be updated and the final resolution that comes before Council is authored by the City Attorney. Seconded by Councilmember Barker.The motion to table was approved 5-2 with Councilmembers Brown and McGinnis opposed. With concurrence of Council, Mayor Smith moved to Item 18 on the agenda. At this time, Councilmember Barr briefly left Council Chambers. **Councilmember Holbert moved to approve an application for a Texas Department of Transportation Section 5310 Program grant for the purchase of a replacement Senior Program bus,requiring a finrenty percent match estimated to be$17,200 and appropriating these funds. Seconded by Councilmember Hill. The motion was approved 6-0 with Councilmember Barr out of the room. With concurrence of Council, Mayor Smith moved to Item 21 on the agenda being Consent Agenda. CONSENT AGENDA ""Councilmember Holbert moved to approve the ConsentAgenda as presented: A.Approve and authorize the Mayor to execute a contract renewal for$5,000 with the Galveston County Economic Alliance for regional economic development services. B.Approve Memorandum of Understanding with Friendswood Independent School District for the use of Centennial Park fields and facilities to benefit the Junior High Athletic and ,--- Physical Education Departments during the upcoming school year. C.Accept July 2010 Property Tax Report. Seconded by Councilmember Barker. The motion was approved 5-1 with Councilmember Brown opposed and Councilmember Barr out of the room. Mayor Smith called a brief recess at 8:50 PM. With concurrence of Council, Mayor Smith moved to Item 16 on the agenda. ACTION ITEMS **Councilmember Barr moved to approve providing a hardwire nefinrork connection to the computers in the Council Chambers to access certain Internet resources while restricting access to others. Seconded by Councilmember Brown. ***Councilmember Barr moved to amend the motion to provide Council with access to the City's website or the ability to access all the City's resources from the Council Chambers computers during council meetings. Second withdrawn by Councilmember Brown. Seconded by Councilmember Barker with the clarification of motion being to limit access to City's server and any other specified site. The motion was approved 5-2 with Councilmembers Brown and Hill opposed. With concurrence of Council, Mayor Smith moved to Item 9 on the agenda. "`*Mayor Smith moved to approve adopting a Rule of Procedure Number 22 which would forbid any directives to a member of Staff including Ciry Manager, City Secretary, City Attorney, or the Municipal Judge and that further,a Councilmember that finds himself having abused that rule should be subject to penalties,particularly removal from appointments and positions as granted by Council as well as any other punishment that was ��--- allowed. Seconded by Councilmember Barker. 08/16/2010 3392 � ***Councilmember McGinnis moved to amend the main motion to recommend that the idea of adopting a rule for Rules of Procedure be referred to a committee comprised of Councilmembers McGinnis and Brown, the City Manager, and any other Council who wishes to attend. Seconded by Councilmember Brown. ****Councilmember Brown stated she would like to call the question on the amendment to the main motion. **"**Councilmember Holbert objected to calling the question. *****Calling the question failed 2-5 with Mayor Smith,Councilmembers Barr, Barker, Hill and Holbert opposed. *""''**Councilmember McGinnis moved to amend his earlier motion to amend the main motion to have a subcommittee of Mayor Smith, Councilmembers McGinnis and Brown to discuss issues. Seconded by Councilmember Brown. The motion was approved 6-1 with Councilmember Brown opposed. "*"*"""Councilmember Brown moved to amend the amended motion to allow for a workshop of all of Council instead of a subcommittee. Motion failed for lack of a second. "*Counciimember Barr moved to amend Rule 1 of the City Council Rules of Procedure. Seconded by Councilmember Brown. ***Councilmember Barr moved to amend to remove 7:30 PM and to use the word"as"instead of the word"if° regarding ciosed meetings. ...� No one seconded. "***Councilmember Barker moved to table amending Rule 1 of the City Council Rules of Procedure until ambiguities are worked out, with the understanding that the committee will meet again to discuss and automatically bring it before Council. Seconded by Councilmember Holbert. The motion was approved 4-3 with Councilmembers Barr,Brown,and McGinnis opposed. "*Councilmember Holbert moved to approve the appointment of Jeremy Magnuson as a regular member to the Community and Economic Development Committee and reappointing Mike Conrad, Pauline Moore, and Cody Owen to the Community and Economic Development Committee with all terms expiring in July of,2013. Seconded Councilmember Barker. The motion was approved 6-1 with Councilmember Brown opposed. Discussion was held befinreen Mayor and Council regarding committee member meeting attendance, some applicants on file longer than others, many applications reviewed, not all can meet at specified time, was vetted and a thorough process, interview process, process discussed by past Councils,and everyone should get a fair shake. "'`*Councilmember Holbert stated he would like to call the question on further discussion. No one objected. ""Councilmember Brown moved to schedule a workshop regarding a long-term master strategic plan for the City for the second regular meeting date in September or September 20, 2010. Seconded by Councilmember Barr. Councilmember Barr stated a workshop is different from a regular meeting where only one item is discussed, ,,,� would like Councilmember Brown to amend her motion to second meeting in October because of budget and would also like to include some of the committees so they can help with priorities. 08/16/2010 3393 � *"'`Councilmember Brown moved to amend her motion for the meeting to be held on the second meeting in October as a special meeting workshop with reasonable opportunity to be heard deemed to be written information provided to Council prior to or at the meeting. Seconded by Councilmember Barr. ****Mayor Smith moved to amend the motion to state that the next workshop that Council has shall be the strategic master plan workshop and leave it at that. Seconded by Councilmember Barker. The motion was approved 5-2 with Councilmembers Barker and Hill opposed. Mayor Smith stated that he made this motion because it is possible that Council can have this workshop earlier than the second meeting in October and if so, would like to have that leeway to move the workshop date up on the calendar. Councilmember Barr asked Mayor Smith to amend the motion to include"no later than". '`****Mayor Smith moved to amend the motion to state that the next workshop shall be the strategic master plan workshop to be held no later than the third Monday in October, or October 18, 2010. Seconded by Councilmember Barker. Councilmember Brown stated that more time is needed to contact committees to work on this. Mayor Smith stated he would work with the City Manager and the City Secretary to get the word out to ....... committees if Council will approve the amended motion as he proposed it. Councilmember Barr stated he would rather give committees more notice. Councilmember Holbert asked Mayor Smith to withdraw his motion, stating nothing is more important than getting through the budget process. '`**"*Mayor Smith withdrew his motion to have the strategic workshop at the next workshop no later than the third Monday in October, or October 18, 2010, Second withdrawn by Councilmember Barker. Mayor Smith went back to vote on the original amended motion which is to have the workshop on October 18, 2010. ORDINANCE *'`Councilmember McGinnis moved to approve the Second and Final reading of Ordinance T2010-19 -An ordinance repealing Ordinance No. 70 which declared a school speed zone and fixed the prima facie speed limit at 25 mph along FM 518, from a point fifty feet northwest of Magnolia Avenue, to a point fifty feet southeast of Spreading Oaks Avenue, a distance of approximately 0.199 miles; fixing the new prima facie speed limit at 30 mph; providing a penalty of an amount not to exceed$200 for each violation of any provision hereof; and providing for severability. Seconded by Councilmember Barker. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS ,,,,_.. Councilmember Barr reported that the Parks and Recreation Board would like to move forward with the Lake Friendswood/Lake Windemere project. 08/16/2010 3394 ... Councilmember Hill reported that last Friday he was privileged to tour the new Junior High School and natatorium. It is something for which the community should be proud. Councilmember Brown reported that she would like to thank West Ranch for agreeing to donate the majority of a sidewalk. Additionally, she sent a letter to the Homeowners Association liaisons asking for updates of addresses and contact information. If any liaison did not receive the letter, please provide that information to the City Secretary. Finally, she noted the person for whom she interned just received a congressional nomination for the 13th District of Detroit and she is very proud of her former mentor. Councilmember Holbert reported that although Council has discussed matching grants for a bus for the Senior Center, anyone interesting in donating a bus should contact him at their earliest convenience. Mayor Smith announced that Council would move to Executive Session. **Councilmember Brown stated she would like to make a point of order stating that it is her position that the Closed Executive Session is in violation of Section 3.09 and Section 3.10 of the City Charter and as defined at 551.001 of the State Statutes Government Code, public access is denied to closed meetings. She continued that the City Charter requires that all meetings be freely accessible, 551.004 of the Local Government Code states that if the charter prohibits the meeting or requires it to be open that the meeting should not be held according to the Open Meetings Act, 551.071 is a closed meeting. **"Mayor Smith stated that Councilmember Brown's comments are not a point of order and overruled. Councilmember Brown stated it is a point of order based on convening into Executive Session is improper and ,� Mayor Smith should not deny her point of order. ****Mayor Smith denied Councilmember Brown's point of order. """*"Councilmember Brown made an appeal of Mayor Smith's denial of the point of order. Mayor Smith called for a vote of Council to determine support for the denial of Councilmember Brown's point of order. The denial of the point of order was upheld 6-1 with Councilmember Brown opposed. Councilmember Brown stated that she would not be going into Executive Session because according to the City Charter it is not admissible and could be subject to a misdemeanor if anyone filed a writ of mandamus. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with Attorney; pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it. (SWB-AT&T litigation) Council reconvened into Regular Session with no action taken later in the meeting. ..... 08/16/2010 3395 � RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 11:11 PM. , � � Mayor David J.H. Smith Attest: F R�ElyO ` �1�Q�--- �� s� '� o � Melinda Welsh, TRMC v o City Secretary * * s ���F OF S��Py .... �