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HomeMy WebLinkAboutCC Minutes 2011-09-12 Special 09l12/11 3763 STATE OF TEXAS )( , CITY OF FRIENDSWOOD )( ' GOUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 12, 2011 )( MINUTES OF A SPEGIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 12, 2011, AT 6:00 PM AND A REGULAR MEETINC 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 COUNCI�MEMBER MICHAEL BARKER COUNCI�MEMBER BILLY ENOCHS COUNCI�MEMBER PAT MCGINNIS COUNCI�MEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN (Arrived at 6:32 PM) CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. Mayor Smith asked if anyone would like to speak regarding the subject of the closed Executive Session. No one spoke. Hearing no comments, Mayor and Gouncil convened into Executive Session. CLOSED EXECUTNE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to 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. (Tatum vs.City of Friendswood in the District Court of the 127'" Judioial District of Harris County, Texas.) Council ciosed the Executive Session and convened into Regular Session with action taken later in the meeting. REGULAR SESSION ' Mayor Smith called the meeting to order. The invocation was given by Pastor Mike Ross of Friendswood Church of Christ. � A video commemorating the anniversary of the 9/11/01 terror attacks was played, followed by Mayor Smith i leading the Piedge of Allegiance to the United States and to the State of Texas. PUBLIC HEARINGS Mayor Smith called a Public Hearing to order, to receive comments from the public, both oral and written, ! regarding the proposed City of Friendswood Generei Operating Budget for Fiscal Year 2011-2012. No one � f spoke. ', I �I, i I I 09/12/11 3764 Mayor Smith called a Public Hearing to order, to receive comments from the public, both oral and written, � regarding the proposed amendment to Appendix B, Subdivision Ordinance, regarding sidewalks. No one i spoke. Mayor Smith called a Pubiic Hearing to order, to receive comments from the public, both oral and written, regarding the proposed amendment to Chapter 70-64 of the City Code of Ordinances regarding sidewalks. No one spoke. COMMUNICATIONS FROM THE PUBLIC Kathy Rogers, Friendswood resident, addressed Council and stated she would agree with the sewer rate proposal if itwere per billing period instead of per month. She further stated thatthe City proposes people are using the sewer at 100 gailons a day, kids are at school and parents are at work, 100 gallons a day is not going into the sewer, next door neighbors are a family of fivo and had an $800 water bill for a two-month period, sewer rate is too high. She added that businesses use very little water, the City and school use the most, and was told to get a second meter but is not a workable option and would be too expensive. Bill Provenzano, Friendswood resident and Chairman of the Friendswood Chamberof Commerce,addressed Council and stated he is here tonightwith the Chamber,Staff and partners, is due to give the annual report to the City on October 3, 2011, but is here tonight representing over 500 members and is asking for the City's support with the Chamber of Commerce's upcoming contract renewal. The Chamber of Commerce works closelywith economic development and the City and businesses rely on the funding to help promote and grow their businesses in Friendswood. He stated he would like to take this opportunity to thank Council for their time and for what they do. Gary Stewart addressed Councii and stated he is here on behalf of Denbury Oil Company and is asking for a second request to not utilize City property but private property for seismic testing and reduce sites to the rural i areas along the county line. He stated his company believes their request is not the same type of request as the previous one so they are asking for the new request to be on the next Council meeting agenda so Council I may hear the new request. He handed a document to Mayor and Council,which showed aIl of the individuals in Galveston County who have signed a seismic permit allowing Denbury to use their property within the seismic survey,and stated these citizens have rights and would like to have the seismic surveying conducted. , He stated Denbury is in the business of domestic oil production and uses CO2 to bring a dead oil field back to life and seismic surveywill enhance this process, is imperative to Denbury to get some type of imaging in the area, and is requesting to be on the next agenda to seek a permit for private property use only and no public. He stated the map he handed out represents everyone on the list that has allowed testing,and the worksheet is the ones permitted to them in the Friendswood area. Mayor Smith asked if there were clarifying questions to ask but be careful since it is not on the agenda. Councilmember Barker asked how many names were compensated for their permission and Gary Stewart said all were compensated. Mayor Smith clarified that Gary Stewart with Denbury Oil Company is requesting to be on the next Council meeting agenda. Faye Roberson, Friendswood resident, addressed Council and stated she has gotten calls this afternoon because she heard Denbury Oil Company was going to be here again, maybe there should be a town hall ( meeting to hear from citizens about seismic testing, is interested in Friendswood and does not know how � many will be affected. She stated the vacant land Gary Stewart is talking about is behind Sunmeadow, does not know of anyone coming back on the agenda so quickly after a denial, is aski�g Council to deny Denbury's request. She stated that all citizens of Friendswood are more important than his list of people, and Council owes the people of Friendswood an informative meeting. i Friendswood Police Chief Bob Wieners, Friendswood resident, updated Council on an arrest that took place early Tuesday morning,September 6,2011,in League Ciry that concerned two individuals which were Timothy Porter, a teacher and coach at Ciear Springs High School and Timothy Porter's roommate,Joshua Decker, i who are charged with delivering cocaine and steroids, and not aIl offenses took place in League Gity. � I I 09/12l11 3765 , Mr. Porter and Mr. Decker were arrested in the investigation but there may be more serious activities going on. ' He stated that most know that Friendswood is split by iwo counties and two school districts, there are Friendswood children who attend Clear Springs High School, and Clear Book High School and those children will be just as protected as the children who attend Friendswood High School. Chief Wieners stated he is reaching out to all parents to discuss with their school age children and find out if they have had contact with Coach Porter or Joshua Decker and,if so,citizens should contact O�cer Lisa Price at the Friendswood Police Department. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Tax Attorney Mike Darlow with Perdue, Brandon, Fielder, Collins & Mott, L.P., spoke and gave the annual report, and stated things are going well, have had good success,tax sales are posted on www.pbfcm.com, works well with City of Friendswood Municipal Court Administrator Karen Renfrow to retrieve fines and fees and she helps get him in contact with those who are not meeting their fines. Counciimember Brown asked how the City can better monitor bankruptcy claims as they relate to delinquent taxes and how that process works, referred to the Mishka bankruptcy and Mike Darlow answered his firm is involved in that and they did not learn of the bankruptcy until there was a motion regarding the properry. He stated the motion has been set aside because there are not adequate funds to pay all of the creditors, there is ongoing negotiation with the City regarding the future use of this property and once resolved the pending motion to sell should go forward. Councilmember Brown stated she told the City of this bankruptcy over a year ago. Mike Darlow stated to forward to him any information regarding this property when the City knows about it. Community and Economic Development Committee Chair ponald(Skip) Evans began their annual report by introducing committee members and Iiaisons,stated the committee held twelve meetings in 2010 and eleven so far in 2011, reviewed recommendations a�d accomplishments from last year, are now working on the target market list which was defined by work done in Vision 2020, worked to extend the Tax Abatement Program, reviewed Major Thoroughfare Program and submitted businesses for the Municipal Grant Program. He stated they have worked on marketing initiatives,improved the Citywebsite,created a new business guide, ongoing Business/Developer Day, business incentives flyer, retail recruitment flyer,tradeshow banners, Live ' Here Work Here campaign, and recent activities include FM 2351 biliboards, animated ad on Friendswood Journal's homepage, promotional website, t-shirts,and window decais. He stated they have testimonials for Live Here Work Here and they put it in an e-newsletter,and toured vacant land in the City to help get a better feel of opportunities. In October of 2010, held Annual Broker and Developer Day and featured speakerswere Dr. Bill Gilmer with the Federai Reserve Bank in Dallas, Bob Mitchell, President of Bay Area Houston Economic Partnership(BAHEP), Mayor Smith,and Economic Development Coordinator Karen Capps. This yeaPs Annual Broker and Development Day will be October 20, 2011, and the featured speakers are Dr. Harold Huntwith the Texas A&M Real Estate Center to discuss Key Issues Affecting Real Estate in 2011 and Beyond, and Barbara Cutsinger and Dan Seal with BAHEP to discuss"Update on the Region-The Sky is Not Falling". The committee is Iooking forward to a joint work session with Council, Planning and Zoning i Commission and Keep Friendswood Beautiful committee to review the downtown streetscaping requirements. � Councilmember Brown stated she appreciates the work the committee has done,website looks good, and appreciates members coming to the Homeowners Association meeting she had, appreciates that they are moving fonvard with strategic planning and initiatives. Councilmember Barkerstated he appreciates and sees what they do on a monthly basis,there is lot of hard work and they take their role seriously and appreciates the ( work they do for the City. Mayor Smith asked Chair Skip Evans to pass along his appreciation to other , members. ' I I! I � I I 09/12/11 3766 Ronnie Schultz, Director of Environmental Health Services at the Galveston County Health District, gave a , report and stated there have been some improvements of the water quality this year in spite of the drought. The Galveston County Health District has provided water pollution services to the City for more than 25 years which includes citizen complaint response,stormwater monitoring,grease trap inspections, investigate citizen complaints, increased the number of sample sites from 16 to 19 from various creeks bodies such as Cowards, Mary's and Chigger Creeks, sampled for miscellaneous contaminates and the exceedance rate has declined, 85 grease traps were inspected, some were repeat offenders and they have to be reinspected three times with no violations to get approved. Grease causes clogged lines and when grease gets to the wastewater treatment plant it is hard to treat. He thanked Public Works Director Kaz Hamidian and his Staff for the good working relationship they share. Mayor Smith stated he appreciates the students that are in attendance tonight for government class and asked for a Staff inember to sign their agendas to show they were here. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the State approved the City's Emergency Management Plan. A requirement of the Emergency Management Program Grant which (EMPG) is funded through the Federal Emergency Management Agency (FEMA) is an annual work plan that requires the City to develop and maintain an Emergency Management Operations Plan. Thiswork plan mandates performance measures that coordinate what annexes of that plan are to be submitted annually for recertification, along with mandatory training/exercises, public education/outreach,and in-house training for staff members. The Ciry's Emergency Management Operations Plan, which consists of the Basic Plan and 22 Supplemental Annexes, is a component of the EMPG grant and meets the work plan requirements. The plan and annexes are reviewed and updated within a five-year cycle as directed by FEMA and Texas Department of Emergency Management ', guidelines. Part of the process in regularly updating these plans is to ensure the City maintains its Tate i certification and is maintained at the highest rating of "Advanced Level". This rating enhances the City's eiigibility to apply for and receive federal grant funding. The Friendswood Office of Emergency ManagemenUFire Marshal's Office recently submitted three plans for approval to the Texas Department of Emergency Management. These plans are defined as the "Basic Plan", Annex I — Emergency Public Information,and Annex P—Hazard Mitigation. The Basic Plan is the foundation of our Emergency Operations Plan. The Basic Plan outlines the City's approach to emergency preparedness, describes the City's emergency response organization, and assigns responsibilities to each of the departments for various emergency tasks. This plan provides a framework that defines who does what, when and how. Annex I — Emergency Public Information. This Annex is assigned to the City Manager's Office and its purpose is to outline the means, organization, and process by which the city will provide appropriate information and instructions to the public during emergency situations. Annex P-Hazard Mitigation. This Annex is assigned to I the Community Development Department and its purpose is to address mitigation as a long-term, ongoing process and identify planning and implementation actions applicable to both pre-incident and post-incident � situations. This Annex expiains the methodologies and progressive steps on howthe city plans to identifythe hazards that affect us and to systematically reduce the identified Ievels of risks and vulnerability to these hazards. The response from the Texas Department of Emergency Management was very positive and follows: "I have reviewed yourjurisdiction's Basic Plan, Annex I and Annex P, which are National Incident Management Systems(NIMS)compliant and meet all State Planning Standards. Thank you for alI your hard work, I really appreciate it. Your plans are some of the best I've seenl Thank you for such a great job and thank you for all you do." The City Manager stated he joins with the State in thanking Fire Marshal Terry Byrd i and his Staff, as well as ail of the other City personnel who are involved in the ongoing planning and preparation in anticipation of the next storm or other "evenY' that requires an activation of our emergency operations. I � 09/12/11 3767 The City Manager reported on the Portable On Demand Art(PODA)Project Display in Friendswood. Staff met with Piper Faust of the Houston Arts Alliance to arrange for the placement of the P.O.D.A. Pods. It was determined from discussions and site visits that the Friendswood Public Librarywould be an excellent location to display the Pods. The Pods chosen for display are the following four;Aerosol Warfare, Box 13 Art Space, The Joanna and Metalab the Play; subject to availability. Ms. Faust has agreed to create a site pian for approval before placement of the Pods. The Pods are scheduled to be in Friendswood on Wednesday, September 14 and will be o� display at the library in the grassy area adjacent to the parking lot for approximately three weeks through Wednesday, October 5,2011. Itwas agreed to share in the advertising of the Pods in Friendswood which will be done via e-mail alerts,websites,flyers,and the electronic reader board to name a few. The Library Staff is planning to see how they can incorporate daily programming at the library with the Pods to maximize their display time in Friendswood. The City Manager reported on the Victims of Crime Act(VOCA) Grant Award for Police Department. The Friendswood Police DepartmenYs Crime Victim Assistance program has been awarded a grant to continue funding its Victim Assistance program to serve crime victims in Friendswood. The$63,000 grant will offset costs of salary and benefits for the Crime Victim Liaiso�. The program's primary goal is to alleviate the psychofogical and emotional trauma that victims experience resulting from a crime. The victim assistance program plays a number of roles in assisting victims, including but not�imited to crisis intervention, hospital and court accompaniment, emergency financial assistance, help in filing crime victim's compensation and referrals to appropriate social service agencies. The Friendswood Police Department has a state and �ationally recognized victim services program that is now being funded for a 13th year by the Victim of Crime Act(VOCA) Federal Grant Program through the Governor's Criminal Justice Division. Friendswood remains a rarity among law enforcement agencies by having a full time crime victim liaison. Most victim services programs are located within nonprofit agencies or within prosecutors' offices, even with on�y 21 percent of major crimes ever reaching the prosecutor's office. This leaves almost 80 percent of crime victims with no assistance avaiiable to them. The Friendswood program's services are avaiiable to victims around the ciock for emergencies. The City Manager reported that the Frie�dswood Volunteer Fire Departmentwas requested to respond to the I tri-county fire in the Magnolia area on Sunday, September 4, 2011, and responded with one reserve fire engine,one squad unit,and five fire fighters as part of a Gaiveston County deployment. The fire fighters were on the fire Iine for approximately twelve hours a day for six days and returned to Friendswood yesterday. The City Manager complimented the work they did and for coordinating the effort with Galveston County, Friendswood Fire Marshal's office and City Manager's office. A disaster has been declared and the City should be able to recover some costs from the Federal Emergency Management Agency(FEMA). Mayor Smith offered thanks to Friendswood Volunteer Fire Department Chief Marc Faber and aIl the Friendswood Volunteer Fire Department members. The City Manager reported that almost all e-mail services are restored due to the recent hacking incident. Research of the event revealed that the password from one user was compromised on a third partywebsite. Staff is continuing to check all systems and does not feel there is currently any direct exposure, and is continuing to consult with security firms to consider more and different security features. **Councilmember Hill moved to approve a contract renewal with the Galveston County Health District for Water Poilution Control and Abatement for 2011-2012. � Seconded by Councilmember Brown. The motion was approved unanimously. **Councilmember Hill moved to approve the pro�osed settlement agreement in Cause No. 2010-31395; Amanda Tatum v. CityofFriendswood, in the 127' Judicial District of Harris County,Texas, as submitted by Council. Seconded by Councilmember McGinnis. The motion was approved unanimously. �i I 09/12/11 3768 '*Counciimember Hill moved to approve a financing agreement to purchase a Class A Pumper Truck for the � Friendswood Volunteer Fire Department. Seconded by Councilmember Barker. Administrative Services Director Cindy Edge stated the City found out from Marc Faber with Friendswood Volunteer Fire Department today that the truck wili not be ready until November and the City cannot hold the financing quote for that Iong. '"'Councilmember Barker moved to table approving a financing agreement to purchase a Class A Pumper Truck for the Friendswood Volunteer Fire Departme�t. Seconded by Councilmember Hill. The motion to table was approved unanimously. "Councilmember Enochs moved to approve the appointment of Todd Mendenhall to the Keep Friendswood Beautiful committee with a term to expire in November 2014. Seconded by Gouncilmember Brown. The motion was approved unanimously. "Councilmember Scott moved to approve the appointment of Mary Giles-Wise to fill an unexpired term on the Parks and Recreation Board with a term to expire in November 2012. Seconded by Councilmember Brown. The motion was approved unanimously. Mayor Smith closed all Public Hearings. '*Councilmember Hill moved to approve an amendment to the Interlocal Tax Collection Agreement with Galveston County Tax AssessodCollector. Seconded by Councilmember McGinnis. The motion was approved unanimously. "Councilmember Barker moved to approve the authorization of a license agreementwith Norman and Laurie ' Knight and Elvin W.and Carolyn Lessenger for the installation of a fence across a ten-foot sanitary sewer right- of-way Iocated adjacent to Boca Raton Section II. Seconded by Councilmember Hili. The motion was approved unanimously. Councilmember Hill left Councii Chambers at this time. "Councilmember Barker moved to approve authorizing waterand sewer service from the City of Friendswood to 1112 W. Edgewood. Seconded by Councilmember McGinnis. The motion was approved 6-0 with Councilmember Hill absent for the vote. Counciimember Hill retumed to Council Chambers at this time. '*Councilmember Hill moved to approve the disposition of Bid No. 2011-16 for Uniforms, Supplies and Services and award to Admiral Linen Company. Seconded by Councilmember Barkec The motion was approved unanimously. With the concurrence of Council, Mayor Smith moved to Agenda Item 20B. i ORDINANCES 'I I i I i 09/12/11 3769 "Councilmember Hill moved to approve the First reading of Ordinance T2011-28-An Ordinance amending the Code of Ordinances of the City of Friendswood,Texas,Chapter 70,"Streets,Sidewalks,and other Public Places",Article III,"Construction",Section 70-64,"Sidewalks Required,"by revising the provision to provide for sidewalks for all streets, and deleting the reference to the requirement for sidewalks only for curb and gutter streets; providing a penalty in an amount not to exceed�500, or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for severabiiity. Seconded by Councilmember Barker. The motion was approved unanimously. With the concurrence of Council, Mayor Smith moved to Agenda Item 20C. **Councilmember Scott moved to approve the First reading of Ordinance T2011-29-An Ordinance amending the Code of Ordinances of the City of Friendswood,Texas,Appendix B,"Subdivisions", Section III,"General Requirements and Design Criteria",Section K."Public Use and Service Areas", Subsection 3,"Sidewalks", by revision to require sidewalks for all streets, by deleting the reference for sidewalks only for curb and gutter streets; providing a penalty in an amount not to exceed �500, or othenvise provided by law; by repealing alI ordinances or parts of ordinances inconsistent or in conflict herewith and providing for severability. Seconded by Councilmember Hill. The motion was approved unanimously. With the concurrence of Gouncil, Mayor Smith moved to Agenda Item 19D. RESOLUTIONS Councilmember Hill left Council Chambers at this time. **Councilmember Barker moved to approve Resolution R2011-29—A Resolution of the City Council of the City of Friendswood,Texas,determining that a water line and drainage easement is needed for construction and maintenance of pub�ic improvements near Mission Estates and San Joaquin Estates;approving the acceptance of said easement from Yellowstone HiII Country Ranch, Property Owner. Seconded by Councilmember McGinnis. The motion was approved 6-0 with Counciimember Hill absent for the vate. � Councilmember Hill returned to Council Chambers at this time. With the concurrence of Council, Mayor Smith moved to Agenda Item 19A. **Councilmember Hill moved to approve Resoiution R2011-28-A Resolution of the City Council of the City of Friendswood, Texas, establishing fund balance policies as required by GASB 54. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Barker moved to recess into Executive Session to discuss the matter of the ongoing Wight Realty Interests, Ltd., litigation. Mayor Smith also suggested moving into Executive Session to discuss this litigation. Councilmember Brown asked the Ciry Attorney if it is appropriate to convene into Executive Session for an agenda item during a regular meeting and City Attomey Arnold Polanco stated yes under the Open Meetings � Act there are certain exceptions to the requirement that a meeting or any portion be open,one of those being � to receive legal advice from an attomey under Section 551.071 of the Government Code and that would be I this specific instance. II � I 09/12/11 3770 Council convened into Executive Session in accordance with the Texas Govemment Code, pursuant to i Section 551.071 —Consultation with attomey concerning pending or contemplated litigation;a settlement offer; � or a matter in which the duty of the attorney requires it(Wight Realty interests, Ltd.vs. City of Friendswood,in I the 405'h Judicial District Court, Galveston County, Texas). Council closed the Executive Session and convened into Regular Session at 8:53 PM with no action taken later in the meeting. ""No action was taken regarding the matter of the ongoing Wight Realry Interests, Ltd. litigation. `"Councilmember Barker moved to approve amending Council's Rules of Procedure to limit Councilmember comments to five minutes for any one item on the agenda. Seconded by Councilmember Hill. Lengthy discussion was held between Mayor and Council regarding the need to take care of business in a more efficient manner and how best to do that and discussed several different options and concerns. '**Councilmember HiII withdrew the second to the motion. ""'Councilmember Barker withdrew the motion. '*Councilmember McGinnis moved to approve enabling an earlier access for citizens to the backup agenda packet for Council meetings by providing by close of business the Friday before the Monday Council meeting. Seconded by Councilmember Hill. ' Lengthy discussion was held between Mayor, Council and the City Secretary regarding a citizen request for earlier access to the agenda packeUbackup documentation in preparation of attending a Council meeting. ' Discussed solutions to making happen sooner with minimal impact on Staff, possibility of moving up deadlines,concerns about citizens reviewing agenda backup before Council has an opportunity, reminderthat citizens can request the agenda backup via the Public Information Act, and the history on how the current process began. "'Councilmember Brown moved to amend to post agenda packet for public viewing as expeditiously as possible based on Staff resources and City Secretary's discretion. Seconded by Councilmember Hill. The amended motion was approved 5-2 with Mayor Smith and Councilmember Barker opposed. Further discussion was held between Mayor and Council regarding the agenda packet, is usually on the website by 8:30 AM on Monday, leave the decision ofwhen to post to the City Secretary's discretion,amended motion adds flexibility, discussed need for more Staff to help with clerical issues or purchasing software that automates the agenda process. Councilmembers Scott and Brown called the question. No one objected. With the concurrence of Council, Mayor Smith moved to Agenda Item 196. I ', i i 09/12/11 3771 RESOLUTIONS "*Councilmember Barker moved to approve Resolution R2011-26-A Resolution of the Ciry Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to estabiish the rates to be charged by the City for sewer service. Seconded by Mayor Smith. The motion was approved unanimously "'Councilmember Hill moved to approve Resolution R2011-27-A Resolution of the City Council of the Ciry of Friendswood,Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for hydrant meter deposits. Seconded by Councilmember Scott. The motion was approved unanimously. ORDINANCES "Counciimember HiII moved to approve the First reading of Ordinance T2011-27-An Ordinance ofthe City of Friendswood,Texas,repealing Ordinance 2011-07 which amended Chapter 54, offenses and miscellaneous provisions of the code of ordinances of the Ciry of Friendswood, Texas adopting a new article VII, illegal smoking products and ingestion devices to prohibit the use, purchase, possession and sale of illegal smoking products containing certain plant, plant products or derivatives, chemical compounds applied to plants, and plant products and their derivatives or other substances, and ingestion devices used in connection with the illegal smoking products,and to prohibit the use, purchase, possession,and saie of the synthetic cannabinoid products; dispensing with a culpable mental state; providing a penalty of an amount not to exceed�2,000 for each day of Violation of any provision hereof;and providing a repealer clause,a severability clause,a savings clause, and an effective date, due to preemption by the State of Texas Health and Safety Code. Seconded by Councilmember Brown. The motion was approved unanimously. "`Councilmember Hill moved to approve the First and Final reading of Ordinance 201130 -An Ordinance amending City of Friendswood,Texas,Ordinance No.2010-28, passed and approved October4,2010,same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2010-2011 byapproving "Budget Amendment XIII"to the"Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2010-2011"; providing for supplementai appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Barker. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Barker, Enochs, and Scott stated they had no report. Councilmember McGinnis reported on the Town Hall meeting,which was held on August 31,2011, regarding � the potential to form a community foundation or endowment. The Friendswood Journal reported about forty citizens attended, was a fantastic suite of presentations from guest panelists, session lasted an hour and a half with debate on the best way to set something up if the idea took hold, was his hope that this idea would get some Iegs and a group of citizens would wish to take it forward, has had e-mail communication with Friendswood Chamber of Commerce Chairman Bill Provenzano to do another meeting at the Friendswood I Chamber of Commerce in the near future and will continue to work to generate some excitement about the idea. He stated the Library Board will meet on September 20, 2011,will continue to work on the Iong-range � plan, and are pleased that Councilmember Enochs is a part of the Council liaison team. Councilmember Brown stated the Homeowners Association(HOA)held a forum to go over the new laws, Roy j Hailey of Butler Hailey and Pam Bailey with Chaparral Management spoke. Mr. Hailey is an attorneywho has I dealtwith HOA issues for several years. She thanked Amoco Federal Credit Union for providing the meeting room as well as providing snacks and drinks, between 50 and 55 homeowners attended, there was a lot of ', discussion and will post that information. Mr. Hailey has a synopsis of the new laws on his website. i� CONSENT AGENDA i % I I 09/12/11 3772 **Councilmember Hill moved to approve the Consent Agenda as presented with the exception of Item B— i Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to change the date of the second regular i September City Council meeting from September 26,2011,to September 19,2011.A.Approving the disposai of items from the property/evidence room of the Police Department using PropertyRoom.com. C. Approve � Banner Permit Application for Friendswood Fine Arts Institute for Autumn Arts Festival. D.Accept July 2011 Property Tax Report. E. Approve Minutes of August 1 and August 8, 2011, Cou�cil Meetings. Seconded by Councilmember Barker. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Enochs to approve Item B — Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to change the date of the second regular September City Council meeting from September 26, 2011, to September 19, 2011. Seconded by Councilmember McGinnis. Discussion was held belween Mayor and Council regarding the meeting date change and Cou�cilmember Enochs' scheduling conflict and did not think there was any objection at the Iast meeting about when to schedule the second meeting in September. "`"Councilmember McGinnis moved to amend the motion to change the next meeting to September 19,2011, and have the proposed budget on that agenda and Council would be given until tomorrow at close of business to submit any agenda items. Seconded by Councilmember Enochs. Further discussion was held by Mayor, Council and City Manager regarding having a meeting with budget discussions only. '"'Councilmember Enochs moved to table GonsentAgenda Item B—Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to change the date of the second regular September City Council meeting from September 26 to September 19, 2011, until the end of the special meeting tonight. Seconded by Councilmember Brown. The motion to table was approved unanimously. i SPECIAL MEETING Mayor Smith asked if anyone from the pubiic would like to speak regarding the discussion of the Fiscal Year 2011-2012 General Operating Budget for the City of Friendswood and no one spoke. Mayor Smith began the discussion regarding the proposed Fiscal Year 2011-2012 General Operating Budget for the Ciry of Friendswood by giving the floor to City Manager Roger Roecker who explained a PowerPoint presentation of what had been done so far. He stated that on August 1, 2011, Staff delivered a balanced budget that maintains current service levels, includes no new employees, has no Municipal Cost Index adjustment, is based on estimated effective tax rate, and inciudes $84,729 in unappropriated funds. On August 8,2011,Council gave direction to Staff to find funding for employee merit increases and to find funding for street improvements. Staff reported the merit funding in 2010-11 was$135,000 from the General Fund based on merit ranges of 0 to 3.25 percent for non-management personnel and 0 to 2.25 percent for managementpersonnel. Staff estimated $150,000 would be needed for 2011-2012 to allow for approximately the same ranges. On August 22, 2011,Staff presented a revised budget that included proposed increases to revenue totaling $128,476 and proposed reductions to expenditures totaling $152,948. The total unappropriated funding: is $366,153, which includes $84,729 in original unappropriated funds. On August22, 2011, discussion continued and proposed revenues were reduced to$60,997 and proposed expenditures were further reduced to $164,738. � i I 09/12l11 3773 ', Council directed the Ciry Manager to review funding for Staff development and retreat facilitation,which results ' in a$5,500 reduction, the new unappropriated funding is$310,464, the effective tax rate was changed from ' 0.5913 to 0.5902,the impact of actual effective tax rate is a$2,479 revenue decrease. The budget'Lynchpin' � agreementwhich is through e�ciencies/conservative spending practices,any leftover funds are moved to fund balance for future capital expenditures. Examples of how the fund balance has been used in the Iast few years are the FM 518 Drainage Project, Stadium Lane Parking, Fire Station No.3 Improvements, Mud Gully, grant-matching funds, and the Animal Controi facility. Mayor Smith stated it falis to Council at this point to give direction to Staff as to whether to make further reductions or to accept the budget as presented tonight. The two areas of discussion Iast time were merit pay for employees and streets. Councilmember Brown asked if the merit increases are dependent on what Council approves and so what is derivation of the$150,000 and the City Manager stated this year's funding was�a135,000 and Staff presented the merit ranges to Council. Staff is now estimating$150,000 for merit increases in Fiscal Year 2011-2012. Councilmember Brown stated she is not inclined to approve$150,000 for merit increases and explained why, is agreeable to merit increases especially for the Police Department and other high performing employees but would be open to a Iower number, would like to see a reduction in merit increases and wants to see money going towards street repairs, further reductions can be met, is now at a Ievel tax rate but cuts can still be done to do street repairs. Administrative Services Director Cindy Edge stated $150,000 is combined for the General Fund and Water and Sewer Fund and �135,000 will be out of General Fund. Mayor Smith stated his inclination is to subtract$135,000 and leave the remainder for street improvements. Councilmember Enochs asked if the $135,000 is not included and the City Manager stated it is part of the available fu�ds for use. Counciimember Enochs asked if anything had been allocated for street repairs and the Gity Manager stated no. Mayor Smith stated if$135,000 is for merit, it would leave$185,000 for street repairs. Councilmember Barker asked about Decision Packages and Mayor Smith stated they are unfunded. Administrative Services Director Cindy Edge stated some Decision Packages were funded initially along with Forces at Work, such as the mowing tractor, Warrant Roundup, Goncerts in the Park, Teen Court overtime, prosecutor pool, a copier for the Animal Control facility,and the Volunteer Fireman's pension increase. Those Decision Packages that did not make it are street maintenance, Fun Run, and IT Strategic Plan. The Friendswood Volunteer Fire DepartmenPs Decision Packages that did not make it were for medical supplies ; and drug cost increase,Galveston County radio service increase,vehicle maintenance costs,cell service for ' cardiac monitors, fire bunker gear replacement, training costs increase, Fire Station No. 4 building maintenance costs, fuel increase, Fire Station No. 1 carpet replacement, a modular building for Fire Station No. 1. She stated ther.e are some Decision Packages that are funded but not out of the General Fund such as I the tennis and basketball courts and several from the Water and Sewer Fund. � �I i il I 09/12l11 3774 Councilmember Brown referred to the Fun Run and stated she did not understand why there would be out costs when there are fees and sponsorships,there could actually be a profit made and given to a charity,will j not support funding$8,000 but there are race directors who live in Friendswood who could help. Using extra ; funding for merit and streets would be improvident because undesignated funds may need to be used for � litigatio� and monies must be allocated in the budget to be prepared, has a large philosophical problem with approving budgets for line items or items in the budget where there is not defined plans for the use of those funds, there is a slush fund in one department with no definitive plan for use such as a marketing plan, has a problem approving any budget that does not include a backup and does not knowwhy other Councilmembers do not have a problem with it. City Manager Roger Roecker referred to funding for Fun Run and stated if the goal is to provide a fun run that meets its expense revenues as a service to the community then there is no need for additional funding so take $8,000 off the table,regarding Economic Development,the issues that have been raised prior have to do with contract services such as Bay Area Houston Economic Partnership and the Friendswood Chamber of Commerce which are induded in the contracts and that leaves $30,000 for marketing, the Community Economic Development Committee has been meeting to develop a marketing plan to use those funds next year. Mayor Smith stated Council and Staff are down to a couple of hundred thousand dollars of a $20 Million budget which are fractional changes, its not that he is not worried about it but does not want to belabor a �50,000 issue. Staff has been good at managing the money and trusts that they will find savings as best as possible if$50,000 needs to be available, bump sales tax up for Iegal fees if that is what is needed. Councilmember McGinnis asked if the merit increase is truly a range of 0 to 3.25 percent and the City ' Manager stated yes and is not a cost of living adjustment. Councilmember McGinnis stated he knows what is happening in the area, with all unfunded things and streets, asked if inerit raises are a good use of money. Councilmember Enochs asked if there is$475,000 in the 90-day fund and Administrative Services Director I Cindy Edge stated yes it is still an estimate and this money, if not spent, will go in there. � Councilmember Brown stated she will not support a sales revenue increase because an increase has to be based on real numbers, trying to cut where possible is important, asked how many employees received no salary increase last year and Human Resources Deputy Director Bill Bender stated he estimates about 15 employees of 198 did not receive raises at all, the second tier are employees who fali slightly beiow expectations and get a .5 percent increase but does not know how many. Staff who have been employed Iess than one year do not get merit,this represents 40 employees in total. Councilmember Brown stated she would like to see a lower merit increase with Iegal expenses set aside and the rest going to streets. City Manager Roger Roecker stated if employees are responding unsatisfactorily then merit is not the issue. Mayor Smith stated if logic is followed that the economy is bad and should not do merit increases at all the� the reverse should be true in that the increases shouid be Iarger when times are good and that did not happen. Councilmember Scott confirmed that there is no cost of living adjustment and the City Manager stated that there is no COLA. Councilmember Scott asked if all are comfortable with revenue projections that Staff put before Council, if Council is convinced that forecasted revenue is accurate then Staff knows what they have to do to balance and it is Staff's responsibility to allocate funds, is Council's job to make sure there is no gross mismanagementwith City Manager or Staff with the funds. He stated he would surmise if Council is good with the forecast then say so, then the next step would be to see if there was gross mismanagement and if so to discuss. � I 09/12/11 3775 Councilmember Enochs stated he and Councilmember Scott are feeling their way through the new budget process,asked if the effective tax rate can be approved and Mayor Smith stated no because there is no action item associated to initiate that motion, can give direction to Staff along those lines,they can agree with what is presented and then the question remains of whatwill be done with the remaining$325,000. He asked if there is a consensus to use the effective tax rate given tonight. Councilmembers Hill, Barker, Enochs, and Scott stated they agreed with the proposed effective tax rate. Councilmember Brown stated she does not agree with it. Mayor Smith stated this creates the revenue source and asked if everyone is comfortable with revenues. Councilmembers Barker, Enochs, Hill,Scott, McGinnis and Brown stated they are good with the revenue side. Mayor Smith asked if all are agreeable with Staffs expenditures, minus the$310,000. Councilmember Barker asked if there is an Assistant City Manager position in this and Mayor Smith said no. Counciimember Barker stated he is still uncomfortable with reduced funding for the Gonzalez contract. The City Manager stated remove Mr. Gonzalez from the picture, the money is there for Staff development only and not for Gouncil facilitation resources. Councilmember E�ochs stated his only concern is why the�475,000 extra above the 90-day fund is not being discussed and Mayor Smith explained. The City Manager stated if Council decides they want to use that for anything identified as a reasonable purpose they can do that. Councilmember HiII stated agrees with Councilmember Enochs, if money is allocated for attorneys and he is for merit raises then use the rest of the money for streets and use 90 day reserve such as�50,000 goes to attorne}�s,$135,000 for streets. Counciimember McGinnis stated has expressed his concerns and trim suggestions, Iooked up the Government Finance Officers Association a�d saw other examples from other cities, saw a Performance Management Matrix and quantifies how much per employee and how much per citizen to help geta handle on the efficiency of Friendswood's expenditures, there might be a better way to find trends and wasteful areas, will fonvard some of those plans to the City Manager, is with Councilmember Brown to be more conservative with merit increases, has a different philosophy, the City's budget shouid reflect the difficulties citizens are having during this time. Councilmember Scott stated he agrees with a lot of what Gouncilmember McGinnis stated,there are no wage increases of any type in the corporate world. Friendswood has an outstanding Staff and would not rule out giving merit increases in general,and reducing by�35,OOOwi�l not make a difference in the grand scheme, is very concerned about roads. The City will be spending more money on roads because of the drought this year than last. Councilmember Brown stated Council sets policy and that includes budget, IT issues are front and center, heard there would be �30,000 for a Strategic Plan for them that was not funded, is a real concern. The City would not have had a down time of over a week if a plan was in place,the City should dedicate more resources to IT, could buy software instead of hiring part-time in City Secretary's office for problems they are having. She stated merit raises should not be given to employees that are satisfactory,decrease the merit raise amount and use it somewhere else,Community Economic Development Committee(CEDC)will decide how$30,000 is spent,applauds efforts for a marketing plan but Council should not base how to spend money on a committee's recommendation but from Staff input, is bad management to hold $30,000 without knowing how it is going to be spent. Friendswood hit national news this week not for being the fifth best city but for e-maifs that should have been contained,was reading those e-mails by the next ', moming, spend money on areas that are more important. She stated�475,000 is a small numberfor all of the outstanding liabilities, do not waste away the small cushion. Councilmember Barker stated he is very close to making a motion to accept the budget with the caveats proposed by Councilmember Hill. Council is kicking the street thing down the road but it may need to be funded through bonds instead of budget,thinks Council is close on accepting the budget because it is close but is not happy with some things in it,would like to get this behind them,there are many other issues ahead. Mayor Smith reiterated Councilmember Hill's suggestions with$135,000 for merit, $50,464 for legal contingencies and�135,000 for streets and the rest for attorneys. Councilmember Hill stated he has been wanting more for streets since he was elected,some are attending a meeting tomorrow hosted by the Subsidence District pertaining to the drought. If this drought continues one or two more years,the streets will be so bad Council will have to declare an emergency and issue bonds to repair them. Concrete is expensive and putting �5Q000 to $100,000 towards street repairs will not soive the ! problem. I i I 09/12/11 3776 Councilmember Enochs stated there is a fund that has $5.2 million in it for a cushion, asked why another �475,000 is needed,stated Public Works Director Kaz Hamidian asked for�500,000 to put the streets where i they need to be so give him that$475,000. Councilmember Brown stated with respect to the$475,000 the City has much more than that in liabilities that are not funded, is not inclined to go with $475,000, is with Councilmember Hill that the street problem will not be solved today, bonds will have to be issued and in order to get them to pass the City must show that it is a good steward with the General Fund balance, the drought is something that has to be considered, need to fund an IT Strategic Plan. Police Chief Bob Wieners stated to make a presumption that there is something wrong with the City is not accurate,there was a Texas Police Chiefs Association that did not have industry acceptable security protocols that Ied to the initial breach, all of us know there is a much bigger agenda as far as the hacker group Anonymous. The City of Friendswood as well as Chase Bank, PayPal,and the United States Pentagon have been breached and this is the new reality, and stated he takes responsibility for a weak password,Anonymous got lucky. The City may not need to spend$30,000 but may need to partner better with the Federal Bureau of Investigation(FBI)for cyber crimes. Nothing the City did caused this breach,and Council needs to know from him where the problem is with what happened with the e-mails. Councilmember Brown stated has asked for information from City Manager and did not receive any. A password protocol would not have allowed a weak password and that would have been addressed in a strategic plan as would a plan for a cyber attack. The server was down again this weekend and Council could not access what was supposed to be on the City computers, the Weblink service could not be accessed, there are now a bunch of issues that have come together. The City is in a reactive mode so often on multiple different issues, it hinders her ability to make decisions if she cannot get the explanation as towhy the breach occurred. Chief Wieners stated are not sure yet,the people who undertook the cyber attackwant to undermine people's confidence in government,and the City should not play into that strategy. Mayor Smith stated should drop this subject. Mayor Smith stated that Councilmember Brown has brought up CEDC issue and IT issue but there is no consensus from Council to make changes there right now. Councilmember Brown stated she has only brought up the IT issue one time, this is the only opportunity she has to share her information with Council and if there is discussion generated i from her information then to cut off the discussion is a disservice to other Councilmembers, does not think ' they will support funding an IT Strategic Plan if Staff says no and thinks it is improvident because she thinks there are issues, PayPal and other large corporations do not go down for a week from a securiry breach because they have a plan in place,did not find out about e-mail dump until the news contacted the Assistant to the City Manager and they should have know�about it Thursday evening. Mayor stated this Special Session is about the General Operating budget and asked if Council wants to discuss that topic further. Councilmember McGinnis stated Councilmember Brown is correctwith IT,the idea of Iooking at IT capabiiities is a good idea, maybe$30,000 would be better spent in the near term for a Strategic Plan and whether to hire another City employee for that department or to outsource to an outside company, and agrees that IT is an important issue. Councilmember Hill stated if the IT issue is important where will the money come from. Councilmember McGinnis stated less for merit and some to IT. Councilmember Scott stated if IT is important then let the City Manager figure outwhere to get the money. Councilmember Barker stated is ready to make a motion because he has had enough. i Councilmember Barker asked to cut the Staff development money of $12,500 and pass budget with the changes Mayor Smith outlined. City Manager Roger Roecker reminded that a inotion cannot be made because there is no action item on the agenda. Mayor Smith stated Councilmember Barker is asking for consensus and if three agree with him to $135,000 for merit, �50,464 for Iegal fee contingency, $135,000 streets, shift$12,000 from Staff development to IT research. Councilmembers Enochs and Hill stated they agree. Mayor Smith stated he does not agree, thinks Staff development funds need to stay, let the City Manager decide on IT and Staff Development, this is taking advantage of recent situation,security breech is being worked on now and Staff may come back with IT recommendations. Councilmember Hill stated he is not ready yet. Councilmember Scott stated he is okaywith Counciimember Hill's original proposal withoutthe $12,500, let the City Manager come up with funding for IT issues. Councilmember Brown stated the City Manager has presented a Decision Package for an IT Strategic Plan, nobody is trying to get their way but trying to do what is best for the City, agrees to Iet the City Manager come up with numbers. Everyone come back with a priority scheme, Council is bouncing back and forth between the Jim Plan and the Barker Plan, it ! is close to a vote of four but she agrees with Councilmember Scott to push items back to City Staff,everyone ', � knows there is an issue because all have changed passwords, is not being opportunistic. ', � 09/12/11 3777 Councilmember McGinnis stated he disagrees with cutting oufthe Staff developme�t money, is important to the City Manager and for Staff. Councilmember Hill stated he would like to reach consensus on the Jim Plan, and Mayor Smith stated he agrees. Councilmember Hill stated Staff is stiil working on the IT issue and may come back later with suggestions that need funding, the mission tonight is to get through the budget. Councilmember Enochs stated he agrees. Councilmember Barker stated he agrees, does not like it but he wil� bend. City Manager Roger Roecker stated there has been a lot of conversation about IT, which is supported by three hard working individuals who have done an exemplary job for many years, anyone watching this would think the City had been hacked and taken to its knees with ali sensitive information breached. Chief Wieners has stated passwords needed to be stronger and should have been stronger sooner; however, even if they had been stronger the same thing could have happened,the response was very good and he apologized for the delay in getting Councii up and running, online services were impacted but never harmed,they were kept down in an abundance of caution,the IT department is getting a lot of bad press for something that should have been done better but there is a good system and great guys working in IT,will do a plan at some date and time, and appreciates Council's passion forthejob. Mayor Smith stated would like to correct his math. There is �310,464 total with �135,000 taken for merit raises, �50,464 for attorney contingencies,that Ieaves$125,000 for streets. Councilmembers Enochs, Hill,Scott,Barkerand Mayor Smith stated they agreed. Councilmembers Brown and McGinnis stated they did not agree. Mayor Smith stated Council now needs to work on the schedule,can consider budget process completed until it comes before Council for a vote at the October meeting. Mayor Smith asked the City Manager the load the next meeting might have and what is needed. The City Manager stated a September 19,2011,meeting would be extremely short because of the time crunch. Councilmember Scott asked if a meeting could be on Wednesday,September 28, 2011, and itwas decided it could not. Mayor Smith stated he is punting the issue back to Councilmember Enochs because he started it. Councilmember Enochs asked the Ciry Managerabout his next meeting preference and the City Manager stated nothing is needed for budget but second readings are needed for ordinances. Mayor Smith stated second readings of ordinances would have to be on ', September26, 2011. With the concurrence of Councii, Mayor Smith moved back to Consent Agenda Item B. """Mayor Smith removed from the table Consent Agenda Item B—Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to change the date of the second regular September City Council meeting from September 26 to September 19, 2011. '*'**Councilmember Enochs withdrew the originai motion. The meeting was adjourned at 11:32 PM. a � avid . . Smith I Attest i ����� ����� � ������ � � �p S Melinda Welsh, TRMC � City Secretary � � � � �� �� I '9Te �� q��' I