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Home My WebLink AboutCC Minutes 2012-01-09 Special 01/09/12 3835 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTONlHARRIS )( JANUARY 09, 2012 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HEID ON MONDAY,JANUARY 09,2012,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 MICHAE� BARKER COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH SPECIAL SESSION , Mayor Smith called the meeting to order and asked if anyone would like to speak regarding the Special � Session topics. No one spoke. Mayor Smith opened the discussion with the Charter Review Commission members regarding the proposed amendment to the Ciry's Charter. City Manager Roger Roecker thanked the Commission for their hard work, stated they have been diligent and have done a finejob in preparing this report. Charter Review Commission I Chair Leola Hill Hancock stated it has been an honor to serve as Chair of this Commission and the selection of each of these sincere,dedicated,and hardworking citizens made the challenge enjoyable and rewarding for each of them. All members have different backgrounds,which created a very diverse group, and Council's selection of this particular Commission shouid be commended. She introduced members present,which were Vice Chair BiII Provenzano, members Kitten Brizendine, Robin Hall, Jay Horecky, and Jeff Moser. Commission member James Nye was acknowledged but was not present. She thanked Staff Iiaisons City Manager Roger Roecker and City Secretary Melinda Welsh, and City Attorneys Arnold Polanco and Steve �,' Weathered for their vast knowledge, assistance and direction. Commission Chair Leola Hill Hancock read from the report and stated that the charge the Commission received from Mayor Smith on September 13, 2011, began the process of reviewing the Charter, multiple times both individually and collectively. The entire Charter was carefully studied and the Commission thoroughly explored each item collected by the City !� Secretary's office since the last Charter review in 2007, as well as those submitted by City Staff and citizens i over recent months. Each Councilmember has received a copy of the Pinal Reportwhich includes items that � the Commission believes shoufd be addressed by the Council's Policy and Procedures as well as areas of the I Charter discussed at length but without recommendation. The Commission has submitted hvelve proposed I amendments for your consideration. Proposed Amendment No. 1 —Section 1.00— Suggests moving the I Glossary from Section 1.04 to the beginning of the Charter and correcting"City Manager'to"Director'under ' title of"Department Head"; Proposed Amendment No.2—Section 2.06—"Tort Liability'renamed"Limitation of Liability for Damages"and revised; Proposed Amendment No.3—Section 3.01—Number,selection,term and , term Iimitations-Proposes a Council Member may serve three four-year-terms and following a break of one- ' year or more of service is not prohibited from additional terms. ' I 01l09/12 3836 Additionaily, (a), (b),(c), and (d) are rewritten to bring curcent to 2012, 2013, and 2014 elections; Proposed i Amendment No.4—Section 3.05—Mayor and Mayor Pro Tem—Paragraph 2—Change"firsY'to"next' in the first sentence to read,"The Mayor Pro Tem shall be a councilmember elected by the City Council atthe NEXT regular Gity Council meeting following the canvassing of returns and declaring of results of each regular City election...."; Proposed Amendment No.5—Section 3.09—Meetings of the City Council—Proposes no council meeting shall exceed three hours uNess a supermajority of the entire Council votes and approves extending the duration of that meeting; Proposed Amendment No. 6—Section 3.10— Rules of procedure—Adds the phrase "inciuding, but not Iimited to" in the first sentence, "....citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter, INCLUDING BUT NOT LIMITED TO, those matters under consideration; Proposed Amendment No. 7 — Section 3.11 — Ordinances in general — (b) ' Procedure Revised—,(1)Any ordinance requires approval of a majority of Council before being submitted to CityAttorney as to form; (2)Proposed ordinance in form required for adoption shall be furnished to members of Councii 72 hours before adoption instead of a minimum of one week; Paragraph three—Changes the time limit of reading ordinances at two regular Council meetings from "with at Ieast two weeks lapsing between readings" to "at Ieast one week between readings.'; Proposed Amendment No. 8 — Section 3.14 — Authentication and recording,codification, printing;(d)Added to allow Council by Ordinance and withoutvoter approval to make corrections to the Charter for spelling, cross-references, punctuation, non-substantive revisions/reorganization or numbering of Articles or Sections in the Charter; Proposed Amendment No. 9— Section 4.01 —City Manager—(a)Appointment and qualifications: Requires supermajority of entire Council for appointment of City Manager; (b) No Ghange, (c) Term and removal: Requires supermajority of entire Council to remove City Manager; Proposed Amendment No. 10—Section 6.02—Filing for Office—(d) Public Disclosure, (2) List of fees,salaries or gifts of value exceeding$10, recommended updating to�50; Proposed Amendment No. 11 — Borrowing for capital improvements—(fl adds ...following "; provided, however, the Council, unless otherwise required by law, shall be authorized to incur debt without the necessity of a Special Election to finance street improvements and related infrastructure, equipment and facilities for storm sewer, drainage, water and sanitary sewer purposes, or if necessary....'; Proposed Amendment No. 12— Official newspaper—Changing from designation of a pub�ic newspaper from annuallyto biennially. Commission Chair Leola Hill Hancock stated these proposed amendments were made after many hours of discussion and deliberation and submitted in baliot form as prepared by the City Attorney. The commission is unanimous in their recommendations. The Commission reaiizes their services conclude with the submission of this report; however, the Commission is willing to participate in any public forum to answer questions for citizens. She thanked Council again for the privilege to serve on this Commission and then asked if anyone from the Charter Review Commission would Iike to speak. Commission member Kitten Brizendine stated she served , with an incredible group of people who brought their talents,thoughts,and ideas forward,and hopes whatwas presented tonight will give Council some thought, hopes some ideas might find favor, others may cause questions but it has been a pleasure to serve in this capacity. Commission memberJay Horecky stated itwas a great group with a Iot of diversity, and accomplished a lot on behalf of citizens and the City. Commission member Robin Hall stated if Council has questions please ask, the Commission brought the Charter up to modern times as far as electronic or monetary areas,and members of the Commission are here forquestions. Commission Vice Chair Bill Provenzano thanked Council for Ietting him serve on the Commission. Commission member Jeff Moser thanked Council for the opportunity to serve, and stated it was a privilege. The Mayor, Cou�cil and members of the Charter Review Commission had a Iengthy discussion with a question and answer session regarding the proposed Charter amendments. Mayor Smith directed Council to the Final Report with the proposed amendments, and there were no questions on Amendment No. 1. Councilmember Brown had questions regarding Amendment No.2 and asked for any legal opinions received on this item. Councilmember Enochs asked clarifying questions on Amendment No. 3. Councilmember Brown stated this was revised in 2007 and is substantiaily different. Commission member Jay Horecky stated � the Iogic is the one year break because the current provision cuts qualified people out by not allowing them to i come back,so a revision was worthy of consideration. Commission member Kitten Brizendine stated if one is I allowed to come back, the voters still have the decision to allow them to serve again. Commission member , I Robin Hall stated took it back to prior to 2007. , i I � 01/09/12 3837 Councilmember Brown stated this also clarified time versions as well and Ms. Hall stated yes. Commission member Robin Hall stated if a change is going to be made then it may as well get it current as well, if no change will be made then there is no need to combine the other sections. Regarding Amendment No. 4, Mayor Smith stated every time there is an election they run into the issue of the election of the Mayor Pro Tem,and this will alleviate the pressure to take this action right after the election. Regarding Amendment No. 5,Councilmember Brown asked about adding the language of any facility and any location which is not readily accessible to the general public and the application of that provision to Executive Sessions or closed meetings as defined in the Open Meetings Act, and asked if the Commission considered the City of Richardson case where this needed to be modified. Commission member Robin Hall stated the Commission took it as accessible to the public as far as the Americans with Disabilities Act(ADA), by definition of what is allowed in Executive Session is the reason the public is not allowed in those meetings but they are physically accessible. Councilmember Brown asked for any written Iegal opinion the Commission received and Commission member Robin Hall stated the legal confirmation was verbal. Mayor Smith suggested putting the words "physically accessible"and Commission Chair Leola Hill Hancock stated Council can debatewhat needs to be done and members of the Commission can answer any questions. Councilmember Enochs asked if the three-hour time Iimit means starting with the Special Session and Commission Chair Leola Hill Hancock stated yes. Commission member Robin HaII stated most who are involved with Gouncil meetings work dayjobs so having Iong meetings does not accomplish anything, instead of extending the meeting,come back with fresh eyes,a super majority can override the Charter but the Commission wanted to give time constraints because of the hardship that is also created on City employees,which are considered the City's best assets, and the Commission wanted to protect those assets. Commission member Jeff Moser stated when meetings are extended beyond a reasonable time it cuts out members of the public who may want to participate, and government is forthe people and should reasonably accommodate the people. Councilmember Brown stated the Charter amendment might be interpreted as three hours for each meeting. Commission member Robin Hall stated it should be interpreted as once Gouncil sits down at the dais it starts the Gock for a three-hour meeting and the intent was three hours in totaL Councilmember Brown stated the amendment needs to be ' further looked at because the language does not match the intent. There were no comments from Council regarding Amendment No. 6. Regarding Amendment No. 7, Councilmember McGinnis asked if a Councilmember has a great idea for Friendswood would it have to be put on the agenda for discussion and if it is favorably discussed,then it would have to be brought before the City Attomey and then brought back for first I reading and Mayor Smith stated yes. Mayor Smith stated this is not a new practice,and when elected officials want to bring an ordinance forvvard they have to have Council consensus first. Commission member Robin Hall gave an example that if one Councilmemberwants all roads painted biue, hewould have the CityAttorney compose an ordinance that Council is not interested in which would result in wasted money. Councilmember Brown asked for anywritten Iegal opinion on this one and Commission member Jay Horecky stated there was none. Mr. Horecky stated research was done as to what other cities do and most were Iike this recommendation. Commission member Robin Hall stated it was brought before the Ciry Attomey at the end � and the Commission asked questions but nothing was written. The Commission did get legal advice for � anything that had legal or substantive changes, discussed rationale behind 72-hour change, and looked at efficiencies. Councilmember Brown asked if they looked at zoning cases as far as one week belween. Commission member Robin Hall stated most ordinances that had first reading did not fail on second reading, i and the 72-hour rationale was more for consistency to match the Open Meetings Act. Councilmember Brown stated regarding proposing ordinances, it does not seem that this language matches the intent, it suggests I that a Councilmember draft the ordinance rather than have an idea for an ordinance. Commission member i Kitten Brizendine stated a draft ordinance was not needed because if the idea has no backing then it can be 'i stopped if there is no support,would have to have some othervalidity behind it. Regarding Amendment No.8, I Councilmember Brown asked what is considered non-substantive, it is similar to what she does with bankruptcy,asked if the City has a definition of"non-substantive". Commission member Robin Hail gave the ' example of moving a section in the Charter, changing the header to clarify but does not change meaning, !i stated when she was on the Charter Review Commission five years ago one would have to post in the ' "Friendship" Library instead of the"Friendswood" Library and those types of changes should not have to be sent to the voters. Councilmember Enochs asked if these would still come to Council and Ms. Hall stated yes ', by ordinance. ! I I 01/09/12 3838 I Commission member Kitten Brizendine stated for misspellings and things like that Council could decide. i Mayor Smith stated he liked the last sentence in the proposed amendment and was really smart. Regarding Amendment No. 9, Councilmember McGinnis asked if a super majority depended on the attendance of the meeting and Commission member Robin Hall and Commission member Kitten Brizendine stated no, has to be five. Regarding Amendment No. 10, Councilmember McGinnis stated the Commission did make a change but asked if they considered Section A-Eligibility to File. There was a situation Iast year where there was a question about whether or not a committee appointee was a legal resident, and asked if that issue was discussed and the Commission stated yes. Commission member Kitten Brizendine stated part of the summary stated"resides",and taking right where it is interpreted is where one lives,it was debated for a great deal of time on this issue. The Commission could not understand how it could not be understood but it does seem to be a gray area; however, it was decided that"reside°means where one lives. Commission member ' Robin Hall stated a greater restriction was not on committee members but is more for Councilmembers. Councilmember Brown asked if the words"where you Iive"can be placed in the document instead of"reside". Commission member Kitten Brizendine stated legalese can be interpreted either way and reported that Commission member Jim Nye had stated he felt like "reside"was okay. Commission member Robin Hali stated they pondered several ideas. Councilmember Brown stated she has commuted belween cities and many do. Commission member Kitten Brizendine stated intentwaswhere one iives and Commission member Robin Hail stated where one Iays their head down. Regarding Amendment No. 11, Mayor Smith explained this item. Councilmember Brown asked if there was a Iegal opinion and Commission member Jay Horecky stated they spoke to both the Ciry Attorney and the bond attorney and the intent was to allow the City to use unsecured credit card and only use for these purposes, City is now handcuffed to use Certificates of I Obligation, tried to free up that unsecured Iine of credit so Council could use it without going to voters. Commission member Robin Hall stated the Commissionjumped around wording and gave an example ofwhy they added key infrastructure and not just a building addition or enhancement, doing things that are necessities so that core services can be provided. Councilmember Brown asked if they are tying it to I emergency need and Commission Chair Leoia Hill Hancock stated no. Commission member Robin Hall ; stated roads fell down every budget time, wanted roads to have place but still conduct Ciry business as I needed,wanted to make sure and have roads but add flexibility so core services could be provided,could be � due to emergency and could be due to necessity because streets have not been done in ten years. Councilmember Brown stated could put Brittany Bay in there, and Commission member Robin Hall stated could add the word"existing"repairs to existing infrastructure. Commission member Jeff Moser stated there was discussion and concern to give Councii this ability,and spent a majority of their time on this because the Commission was concerned with freeing Council's hands and their acting responsibly, the idea was to maintain facilities as citizens expect because they do not want facilities to disintegrate and the decision was not approved lightly. Councilmember Brown asked if Council could get a legal opinion on this one. She asked if they considered the changes to the ordinances and the noticing of ordinances were considered related to a Certificate of Obligation ordinance and how theywould interchange with each other and Commission member Kitten Brizendine stated they did not and that may be something Council would like to follow up on. She stated she has sat where Council is sitting and when somebody says"we don't want y'ali..."she has been the"y'all" and this is not directed toward Councilmembers but rather to the governing body,the Commission isjusttrying to clear up issues that have caused difficulty in the past. Regarding Amendment No. 12, Councilmember Brown asked the rationale and Commission member Robin Hall stated was a cost savings and Councilmember Brown asked about the concern of changing technology and was this considered and � Commission member Robin Hall stated cost savings was considered. Councilmember Scott thanked the , Commission members for the time they put in. Councilmember Brown thanked the members of the I Commission as well, stated she thought it was a very thorough review and a lot of the questions that have ' come up over the past couple of years were addressed, some of them were very well done such as the glossary being moved to the front,addressed several issues at one time. Councilmember McGinnis thanked i the Commission also. Councilmember Hill thanked the members and stated they did a greatjob and he really ' appreciates them focusing on efficiency. Councilmember Enochs stated Council selected an impressive II bunch and they gave an impressive product. Councilmember Barker agreed with Councilmember Enochs' comments. ' � I �II 01/09/12 3839 Mayor Smith stated the presented format was excellent in preparation and delineation, it was clear and easy to understand, appreciates the volunteering they did and service provided to the Ciry, heard they worked well together and suggested they put a post mortem together that stated benefits received and to pass their wisdom on to the next Charter Review Commission for the next process. Commission member Kitten Brizendine stated Commission Chair Leola Hill Hancock was a tremendous Chair and is very efficient, Commission member Robin Hall has an incredible mind and one cannot imagine how much work and information she has, Commission Vice Chair Bill Provenzano served before and was helpful, Commission member Jeff Moserwas new and had fresh insight, Commission member Jim Nye had some of the lega�ese, it was fun at times and ali did an incredible job. Commission Chair Leoia Hill Hancock stated there are prior pages in the report that need Council's attention to address, thanked Council and stated it has been a pleasure. Mayor Smith asked City Secretary Melinda Welsh what the next steps are and she stated the document needs to be ready by the first meeting in February 2012 in order to call the eiection; therefore, further discussion needs to be done at the next meeting in January. Mayor Smith asked that the City Secretary and City Manager to make sure the discussion is on the January 23,2012, Regular Council meeting agenda. Councilmember Brown asked to please get legal opinions as soon as possible and asked for a red line version and the City Attorney stated his office can do that. REGULAR MEETING Mayor Smith called the meeting to order. The invocation was given by Pastor Jeff Bell, New Life Assembly of God. ' Mayor Smith led the Pledge of Allegiance to the United States and to the States of Texas. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident,addressed Council and stated his prayer for the year is thatwe would all be � blessed, topic is Statue of Liberty and Friendswood Lake. Both have a peril history of negiect, the Statue of Libertywas a gift from France to America to commemorate the Declaration of Independence, itwas designed and built in France, and Friendswood Lake did have a design build, but unlike the Statue of Liberty, it was never built. The City did not fund the lake despite that they had $500,000 at one time. The Iake has been neglected for 18 years, one wonders what it would take for a Council to open up the lake to the people,which citizens paid for with their tax dollars. I David Carlisle, Friendswood resident, addressed Council and stated he Iives in Terra Bella subdivision,topic of a memorial has come back up in the way of a bench, the person in memoriam died in 2010, residents thought this was resolved in 2011, now aIl of a sudden it is back on the agenda for this memorial. Residents I are not for it and are asking to not have a memorial in front of their property about death,especially where kids ; wait on the bus, pray for the Vargas family to have peace and vote no for the memorial. j City Manager Roger Roecker stated Staff received a call from Ms. Burcl,who is the requestor of the memorial, and she asked to remove the request and for it not be acted on. Mayor Smith stated Agenda Item 11, � approving location of a memorial, was removed by requestor. � COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS I� Friendswood Historical Society President Ann Whitaker gave the annual report. Council received a copy of I the report, which stated that the Friendswood Historical Society has in the past, and will continue to make it II their mission to preserve and share Friendswood's history and heritage. As part of their service to this community,they provide docents every Saturday morning from 10:00 AM to 12:00 PM at both museums and ' also upon special request. i� ; � 01/09/12 3840 Tours are scheduled in the spring for the third graders at Weslwood and Cline Elementary at the Frank J. III Brown museum and bam and"trunk"shows at the schools for all the second graders at Weslwood and Cline i Elementary are provided. Other programs include co-sponsoring with the Chamber of Commerce at the spring Fig Fest,the annual communiry tree lighting atthe Frank J. Brown museum,history talks for community organizations, retirement centers and church groups, historical displays for local banks and City buildings are provided, opportunities for high school students to work on building projects and upkeep of gardens and , grounds are also a part of their service. This past year they added a student board member from the Student Council at the high school. This student attends board meetings and has enlisted the involvement of other I clubs at the school. This has spiked a great interest in these students to learn more about their town and the history. The Historical Society hopes that these young people will carry on the Societys mission. Upcoming projects for this next year include replacing the siding on the Frank J. Brown museum along with porch repair, and some guttering. The Perry House needs some porch repair also. They are thankful for the financial aid that the City provides, and without it, these museums could not be maintained,and thanked Cou�cil for their help. Mayor Smith stated they are doing important things for citizens. Ann Whitaker stated funds have been low trying to maintain museums, barn and now barber shop. The money the City provided has been phenomenal, has saved it, needs to re-side the Frank J. Brown museum because it is deteriorating rapidly. This year they started a Halloween event called Histoween,which included a historical tour of the cemetery, reenactment of early settlers and their lives at the Perry House, and a spook house. They raised money for clubs which that helped,was a big success and want it to continue, implemented program to use students and they participated, has one who is a member of their board who carries information from meetings to Student Council as the Board directs, and are taking an interestwhich is much needed. Some of the programs are to provide docents at Perry House and Frank J. Brown Museum, have two docents who give tours and tell about buildings, provides tours for special groups such as Scouts, historical displays at City Hall, photos at banks and restaurants,businesses have asked for photos to display in their business,and students are helping with building projects. The Historical Society is working on Quaker settlement sites, and needs funding to buy '� plaques for seven sites that are historical to Quaker settlement. If anyone saw Sunday's Galveston County II Daily News in the opinion piece, several aspects of Friendswood are listed as one of the best places to be in the Galveston County area. Councilmember Brown stated she visited all museums and has given Joycina � Baker's book to some of the Congressmen when she visited Washington, D.C., and they were refreshed to I see the addition of students, did the tour and shows a Iot of history of the City and thanked them for all they do. Mayor Smith stated he took his kids through Histoween and was a Iot of fun, kids that put this on really enjoyed and his kids did too, he was impressed with nighttime tour of the cemetery,volunteers played the part of people in buried in the cemetery. Ann Whitaker stated City's contribution helps them. Zoning Board ofAdjustments(ZBOA)Chair Ron Dyer gave the annual report and stated since the Staff of the Community Development Department(CDD)does a greatjob, the ZBOA had only had two cases this year, and the rest were taken care of by CDD. At the May 24, 2011 regular meeting, the applicant requested a i variance, an appeal and a special exception from the 10-foot side yard setback required for an attached structure. The applicantwas enclosing a breezeway befirreen the existing home and garage,thereby,making the structures attached. Oniy the variance was originally noticed; therefore, a special meeting was held on June 7, 2011, to consider all three options for the request. A permanent special exception for a 2.8-foot , encroachment into the required 10-foot side yard was granted. At the September 27, 2011, meeting, the � applicant requested a variance,an appeal and a special exception from the required 25-foot front yard setback in order to build a 10 foot by 12-foot storage structure within that setback. All three options for this request were denied. The Zoning Board of Adjustment met three times in 2011. He stated there were changes that � occurred in the form that citizens have to fill out and he explained it to Council in detaiL CDD has to answer a lot of questions regarding this form and there is no way around it. The ZBOA takes this seriously and tries , their best. �II , i i 01/09/12 3841 Mayor Smith thanked the Board, stated just because they do not meet very often does not Iessen their impor[ance, one of the few committees that provide the discretion for themselves without input of Council, appreciates their work. Councilmembers Scott Ieft briefly and returned to Council Chambers at this time. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Annual Tree Giveaway sponsored by Keep Friendswood Beautiful(KFB)will be held at Friendswood City Hall, on Saturday,January 21,2012. The trees were chosen based on their suitability for this area. Only container trees will be available this year, but over 100 will be given away to residents. KFB will also have information on each species with pianting instructions as well as educational information on recycling, reducing, and reusing waste atound the home. A Master Gardenerwill also be on hand to explain how to keep the trees thriving and answer any questions specific to the trees. While the trees are free to attendees on a first-come, first-serve basis, KFB appreciates any and alI donations , to help with their projects. For more information about KFB and/or to donate, please check the City's website ', or contact the Community Services Department at 281-996-3220. , The City Manager Reported that in recognition of the value of contributions that help with City programs and I capital projects, the City of Friendswood has recently launched a page on the City's website that accepts private monetary donations from the pubiic. This webpage has been designed for the purpose of receiving such private contributions, thereby allowing individuals and organizations to take an active role in improving our community's qualiry of Iife and promoting wider enjoyment of community activities and resources. At this time, and in conjunction with the opening of the City's new Animal Gontrol Facility located at 3000 W. Parkwood, donors have the opportunity to make an online contribution to the City's Animai Control Division. The City plans to open up donations to other projects and programs in the near future. Charitable contributions to governmental units are tax-deductible under section 170(c)(1)of the Internal Revenue Code if made for a public purpose. Donors are encouraged to co�sulttheir tax professionai to discuss deductibility. Of course, general donations to the City in any amount are accepted in person or by maii at any time. Those interested in submitting donations by credit card can go to the following link: http://w�wv.ci.friendswood.Uc.us/donate-to-the-citv/. The Ciry Manager reported that lastweek,the Galveston CountyDailyNews ran an article listing the number of and types of homicides that occurred in 2011. Friendswood did not make that Iist. In fact, Friendswood has not experienced a murder since 2008. The Friendswood Police DepartmenPs Annual Report for 2011 wili � Iikely be ready sometime shortly after January 15,2012. In advance of that report,the following is a preview of i what residents will see: From 2009 to 2010, the City's crime rate fell 14.82 percent; and from 2010 to 2011, the preliminary crime rate decrease may be as much as 17.90 percent. The City had one fatality accident in 2011; this incident occurred in April and involved a pedestrian walking at night. Accident numbers have decreased by five percent in 2011, but more importantly, injury accidents have decreased by twenry percent. Friendswood continues to be one of the safest communities in the Houston area and we are proud to continue the work of keeping our residents and visitors safe every day and night. i ""Councilmember Hill moved to discuss proposals and then later select a contract regarding disposition of RFP No. 2011-17 for Refuse Collection and Disposal Services. ; Seconded by Counciimember McGinnis. ! Administrative Services Director Cindy Edge gave an update. The City started the process Iast spring with a I! Recycling Committee who met and prepared a presentation to Councii, a Request for Proposals(RFP)was ', prepared and brought to Council on December 5,2011,which provided three options, and Council narrowed ' down in December. 01/09/12 3842 Councilmember Hill stated he wants the same service the City has now,does notwant to go to big cans,and has heard from citizens that they want the same service. ' Councilmember Brown made a point of order to vote on the motion to discuss. Mayor Smith asked Councilmember Hill to amend his motion. "*Councilmember Hill amended the motion to narrow down the motion to current service Ievels of twice a week pick up. Seconded by Councilmember McGinnis. Lengthy discussion was held between Mayor Smith, Councii, Staff, and Ciry Attorney regarding options available and what services are desired. Councilmember Brown Ieft Council Chambers at this time. '""Councilmember Hill amended the amended motion to replace the previous motion and leave services at the current level and approve IESI as contractor. Councilmember McGinnis removed the second. Seconded by Gouncilmember Barker. The amended motion was approved 4-2 with Councilmembers Enochs and McGinnis opposed and Councilmember Brown absent for the vote. Lengthy discussion continued between Mayor Smith,Council,Staff,and CityAttorney regarding IESI and what they offer, service record, citizen input, legai options and further negotiation. '*'**Councilmember Barker called the question. �I Mayor Smith asked if there was an objection to the question being called and there was none. Mayor Smith clarified the motion to select IESI under the current service Ievels a under the provisions that have been given. Councilmember Brown returned to Council Chambers at this time. **Councilmember Barker moved to approve Matula and Matula regarding disposition of Bid No.2011-19,for the Construction of Paving Improvements on Blackhawk Boulevard,Oak Vista Drive,and Wandering Trail and authorizing the appropriation of funds of$2.99 miliion. i Seconded by Councilmember McGinnis. The motion was approved unanimously. j **Councilmember Brown moved to approve a contract with the Friendswood Historical Society for$15,000 for the maintenance and preservation of historical sites in the Ciry and authorizing the Mayor Smith to execute the contract. Seconded by Councilmember Barker. The motion was approved unanimously. `*Councilmember Hill moved to approve authorizing an increase in the monthly contribution rate for the Friendswood Volunteer Fire DepartmenYs Pension,the Texas Emergency Services Retirement System and j authorizing the Mayor Smith to execute the contract. j Seconded by Councilmember Enochs. The motion was approved unanimously. No motion was made to approve a license agreement with Stacie Burci to locate a memorial park bench within the City's right-of-way on West Bay Area Boulevard and authorizing the Mayor Smith to execute. i II II I 01/09/12 3843 **Councilmember Barker moved Yo approve the repiacement of Public Works Unit 29, a 2003 Diesel F250 pickup truck and the purchase of a new 2012 super duty crew cab'/<-ton pickup truck in accordance with the Vehicle Replacement Policy. Seconded by Councilmember Hill. The motion was approved unanimously. '*Councilmember Brown moved to approve the purchase of a new Brush Truck forthe Friendswood Volunteer Fire Department(FVFD) and the disposal of lwo FVFD vehicles by auction. Seconded by Councilmember McGinnis. The motio�was approved unanimously. '*Councilmember Enochs moved to approve a pre-design services agreement with Hall Barnum Lucchesi Architects for development of Iibrary renovation plans a�d authorizing the appropriation of funds. Seconded by Councilmember McGinnis. The motion was approved unanimously. '"Councilmember Scott moved to limit meetings to one per month beginning at 4:30 PM and ending at 1030 PM regarding Councilmember recommendations for revisions to Rules of Procedure for the conduct of City Council Meetings. Seconded by Councilmember Barkec Lengthy discussion was held between Mayor Smith, Council, Staff, and City Attomey regarding time ' constraints needed for Council meetings, prioritizing, being more efficient with time, concerns with agenda wording being too open-ended, starting the meeting earlier and conflict with work schedules and public attendance, other options, making the change effective March 1, 2012, resolution needed, Charter Review Commission suggestions, and other alternatives. *`�Councilmember Scott amended the motion to end no laterthan 10:30 PM and begin in February and direct ' City Staff to prepare a resolution for next Council meeting. Seconded by Councilmember Barker. The amended motion was approved 5-2 with Councilmembers McGinnis and Brown opposed. **Councilmember Brown moved to direct Staff to prepare an updated Capital Improvement Plan (CIP) for consideration at the next meeting. Seconded by Councilmember Scott. The motion failed 1-6 with Mayor Smith and Councilmembers Barker, Enochs, Hill, McGinnis and Scott opposed. Lengthy discussion was held between Mayor Smith, Council and Staff regarding going out for bonds on streets, CIP being scheduled for a future meeting in February, surprise at the suggestion of a bond election, history of CIP update, speed too fast, and other steps needed to take place before bond election. ' i '*"'Mayor Smith called the question. Mayor Smith stated to ciarify again,the motion is to give direction to Staff to have an updated CIP resolution at I the next meeting in January. **Councilmember Brown moved to have a draft traffio-calming proposal brought back to Council at Staffs il convenience. Seconded by Councilmember McGinnis. The motion failed 1-6 with Mayor Smith and Councilmembers � Barker, Enochs, Hill, McGinnis, and Scott opposed. I Discussion was held between Mayor Smith, Council, Staff,and Ciry Attomey regarding the need for this item, Staff has been working on a policy,the history of studies already completed,and the difference between Staff , putting together a plan or policy. ' , � 01/09/12 3844 ORDINANCES "*Councilmember HiII moved to approve the Second and Final reading of Ordinance No. 2011-38 - An I ordinance amending Section 14-2 and Appendix D of the Code of Ordinances of the City of Friendswood, Texas, by providing for the adjustment to various process and permit fees. Seconded by Councilmember Enochs. The motion was approved 6-1 with Councilmember McGinnis opposed. �*Councilmember Barker moved to approve the First and Final reading of Ordinance No. 2012-01 - An ' ordinance ame�ding City of Friendswood,Texas, Ordinance No. 2011-31, passed and approved October 3, ' 2011,same being an ordinance approving and adopting the City's General Budget for Fiscal Year2011-2012 by approving"Budget Amendment III"to the"Original General Budget of the City of Friendswood,Texas,for the Fiscal Year 2011-2012"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember McGinnis. The motion was approved unanimously. "Councilmember Hill moved to approve the First reading of Ordinance No.2012-02- An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 86, Utilities, Sections 86-94 and 86-95; providing rules and regulations governing adjustments of water usage bills due to defects in customer lines, and adjustments of water usage bilis due to unusual and inexplicably Iarge usage;providing fora penalty of an amount not to exceed�500 per violation; and providing for severability. Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember Brown opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Barker, Enochs, HiII, and McGinnis stated they had no report. Councilmember Scott reported that tonight is Bowl Championship Series Champion night. Coach Steve Van Meter has announced his retirement from Friendswood High School. He has shaped the character, morals, and values of young boys growing into men and will be sorely missed. Whoever steps into his shoes has big shoes to fill. There have only been two coaches in 50 years and that is Henry Winston and Steve Van Meter and would personaily like to say thank you for aIl of the work Coach Van Meter did in molding the future of � men who came from this community. Councilmember Brown stated there is going to be a Homeowners Association Chat meeting on January 14, 2012, from 9:00 AM to 1130 AM at the Forest Bend Community Center, RSVP is required by January 12, 2012, to dbrown an.friendswood.com. Mayor Smith stated the Friendswood Independent School District Education Foundation fundraiser is coming up on February 11,2012,the Chamber of Commerce gala is coming up on January 21,2012,the Lighthouse Charity organization fundraiser is coming up on January 28,2012,and hopes everyone had a great Christmas and good New Year. � CONSENT AGENDA '*Councilmember Barker moved to approve the Conse�t Agenda as presented:A.Approve a banner permit I application from Friendswood Independent School District Education Foundation to display a banner from ' February 07-14, 2012, to advertise the"Adopt a Gra�P' program. B. Authorize acceptance of natural gas emergency generators for Water Plant No. 2 and Surface Water Piant No. 1, for the contractor's one-year maintenance period. C. Accept November 2011 Property Tax Report. D. Approve Minutes of November07, , November 14, and December 05, 2011, Council Meetings. I Seconded by Councilmember HiIL The motion was approved 6-1 with Councilmember Brown opposed. � ' 01/09/12 3845 CLOSED EXECUTNE SESSION Mayor Smith asked if anyone would like to speak regarding the Executive Session topic and no one spoke. Councilmember Brown made point of order, stated she heard from the Friendswood Journal that there is a specific purpose,which is not cited on the agenda,and the notice is not specific enough for the public,asked if the City Attorney concurred or dissented that this is specific enough notice for the public given the high interest in the item. City Attorney Arnold Polanco stated the agenda wording satisfies the Open Meetings Act in that it discloses the particular public officers who are the subject of the Executive Session. Councilmember Brown asked as a point of information if there is a specific purpose as to the discussion and is it in accord with the Friendswood Journal report that was issued on Friday of last week. City Attorney Arnold Polanco stated he is not aware of a Frie�dswood Journal report. Councilmember Brown asked as a point of information can someone identify who put this item on the agenda and Mayor Smith stated he put the item on the agenda. Councilmember Brown asked as a point of information if therewas a specific purpose to this agenda item and Mayor Smith stated he has given his explanation on the agenda as to the subject matterthatwill be discussed in this Executive Session and it is as listed. Councilmember Brown stated any reports to the contrary were incorrect and Mayor Smith stated he did not make any reports, this is about this agenda and any other questions with regards to it is out of order for this meeting. ' Councilmember Brown reasserted the point of order and Mayor Smith overruled the point of order. "Councilmember Brown moved that the Executive Session be recorded. � The motion died for lack of a second. Mayor Smith stated there is no place on the agenda for that motion to be made. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074; to deliberate the duties and assignments of a public officer. (City Attorney, City Manager, and City Secretary) RECONVENE INTO OPEN SESSION i Council convened into Open Session with action taken later i�the meeting. ""Mayor Smith moved to direct Staff and the City Attorney to draft a resolution to amend the Rules of Procedure such that the City Manager and City Secretary not allocate more than hvo hours per week towards i any individual Councilmembers request for service;and that no Councilmember shall contactthe CityAttorney or legal counsel hired by the City without prior permission of the majority of Council. Seconded by Councilmember Barker. The motion was approved unanimously. I I 01/09/12 3846 ,' Councilmember Barker stated this motion is an extraordinary occurrence but this City Council has an obligation to defend City Staff inembers and to shield City contractors from potentially extraordinary requests, �� have a wonderful City Staff, they have difficultjobs to do,they are in a position now of being handcuffed from doing normal duties by demands put on them by certain Councilmembers. Gouncilmember Enochs stated this is a great City because of great City employees,and that is backed up by accolades to prove it, it takes a lot of work and effort to ru�a City like this and at times there must be Iimits and balance things for the City Attorney, City Manager, and City Secretary. Councilmember Hill stated the City has a great City Manager and City Secretary and they cannot continue to come in on vacation days,work late after hours when Council has imposed more work than they can possibly do in a normal day. This resolution should help remedy that as well as to keep from having to hire additional employees. Councilmember McGinnis stated he has been resistant to the idea of constraint and limitations on actions but it behooves Council to exercise restraint on the amount of work and requests that is given to the City Manager ' and City Secretary, he appreciates the work they do and hopefully this will heip out. ! Councilmember Scott stated the City and home rule cities such as Friendswood are a reflection of Staff and the commitment they show to the citizens in making it the best piace to live, no one is tasked with more responsibility for insuring that its citizens are treated fairly and taken care of, every article written about the beauty of Friendswood is a reflection of City Staff, should not be asked to go above and beyond what the details of the job is, which is to take care of the City, thanked the Ciry Staff for making the City what it is. Councilmember Brown stated with regards to the City Attorney proposal and no contact without prior permission,she echoes that comment and has suggested that it should be a possible action item,suggested considering a draft policy that the City Attorney put together on dealing with the City Attorney, suggested Council consider a City policy where any opinions developed by the City Attorney are provided to all Council, many times Councilmembers make decisio�s in a vacuum even though legal opinions have been made, decisions have been made in the past against the direction of counsel but all Councilmembers did not have � copies of those opinions so they would not have known their decisions are contrary to the City Attorney.She stated this is a good outlet, when looking through the fee statement there are meetings between the City Attorney and members of this Council without any notice to the rest of Council on key controversial issues, there is also issues dealing with the City Attorney regarding open records, any contact with the City Attorney should be noticed to aII Council, has received inconsistent statements from the CityAttomey regarding open � records request for pleadings of the Wight litigation and was told that this is excepted from production but the Easy Guide to Attorney General's Open Records and was simply not supported. Mayor Smith stated this subject is not germane to what is being taiked about, asked Councilmember Brown that she please Iimit her comments to Councii's management of itself in regards to contact with the City Attomey. j Councilmember Brown stated regarding the level of work for the City Manager and City Secretary,she agreed ' that it should not take much time, most of her work is requesting documents, it took three months to get I personnel policies, it took two months to get a deposition transcript, is not sure how to define that two hours, most work should only be sending emails when requesting documents, part of her concern is document management could be streamlined, need to be able to decide issues, had requested the attomey opinions of I� some of the items on the agenda today and they were not provided. ; Mayor Smith stated Councilmember Brown was off the subject again and Councilmember Brown stated she is going back to the subject of two hours to show that those were issues that do not require a substantial amount ' of time in which to respond. ,�I 01/09/12 3847 Mayor Smith stated the motion needs clarification as far as the subject of the vote,estimation of time it takes to do work is based on Staff's estimation and not Council's. His intent for this motion is that Staff will decide. That is how time management is measured, this is being crafted on their behalf. Mayor Smith stated he cannot imagine the difficulty in which City Staff has been working under because he has never had that experience before, he cannot relate because these Staff positions do not answer to one person,butto a body of seven individuals, separating out those officials from the rest of the body is difficult and it pains him to even think of that in terms of what they are having to deal with, at best he finds himself in the positio�of saying they are appreciated, it is difficult by its nature and cannot express enough the great job they have done in providing service to the citizens of Friendswood and that is where their heart is and that is where the time should be spent. He stated to City Attorney Arnold Polanco that the City has not had much time to work together but is very impressed with the level of work he has provided to the City to date, is not perfect and the City is not perfect and it never will be with the nature of the job, cannot express enough that the worid he has is difficult, appreciates the conscientiousness he brings to the job and the service he provides to the Council and the City of Friendswood. Councilmember Brown asked how the time estimate will be provided in this policy. Mayor Smith stated the definition of two hours is at Staff's discretion. Councilmember Brown stated a document request can be submitted as a Public Information Request and Mayor Smith stated she can submit whatever she wants to,she knows purposefuily the reason the words are here and she purposefully asked that question,she can submit open records requests any time she wants to and that falis under a completely different purview,all are painfully aware of the limitations and the resolution , is drafted very purposefully and this is what is being done at this point. ', GLOSED EXECUTIVE SESSION Mayor Smith asked if anyone would like to speak regarding the Executive Session topic and no one spoke. Councilmember Brown asked a point of information as to who placed this item on the agenda and Mayor I Smith stated he did. Councilmember Brown made a point of order as to the lack of specificity as required under the Attorney General's Easy Guide for Meefings as well as the Attorney General's Opinions and Statutes. Mayor Smith overruled Councilmember Brown's objection and stated the subject matter is Councilmember i Brown and her name is placed on the agenda for public information. ! Councilmember Brown stated there is no specific subject related to her and Mayor Smith stated it is very specific. i '*Councilmember Brown made a motion to record the meeting. ; The motion died for lack of a second. ! Mayor Smith stated there is no place on the agenda to allow for that motion. Councilmember Brown asked how he is going to decide whether to use a Certified Agenda versus the i recording and Mayor Smith stated she cannot ask that question. , Gouncil convened into Executive Session in accordance with the Texas Government Code, pursuant to �� Section 551.074; to deliberate the duties and assignments of a public officer. (Councilmember Brown) I � 01/09/12 3848 i I RECONVENE INTO OPEN SESSION Council convened into Open Session with action taken later in the meeting. '*Councilmember McGinnis moved that the following letter be read as a summary of Council's deliberations last meeting and this meeting regarding this action item. Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Brown opposed. ""Councilmember Enochs called the question Councilmember Brown objected to calling the question. The motion to call the question was approved 6-1 with Councilmember Brown opposed. Councilmember McGinnis read the following statement into the record: i "The Friendswood City Council met in Executive Session December 5, 2011. This meeting lasted until approximately 2:00 AM, December 6, 2011. The Council discussed and reviewed several documents and email communications which occurred subsequent to our public admonishment of Councilmember Brown on October 17, 2011. These communications were primarily between Councilmember Brown and the City � Attorney's office. As a result, Ms. Brown was able to unilaterally influence a revision in a Ietter sent from the City Attorney to the Texas Attorney General. The revised Ietter Iater became a public document and its content was interpreted in the media as if the Council changed its position regarding said admonishment. - During the Executive Session,the City Attorney immediately took responsibility for the mix up. He apologized for the actions taken by his office,which sent the revised letter forward. Councilmember Brown explained her objection to the original letter but expressed no regret or responsibility for the ensuing public misrepresentation of the issue. The Council hereby decries Councilmember Brown's unilateral action to influence the Ciry I Attorney's office with regard to their communication with the Texas Attorney General. While all Councilmembers have broad authority to carry out their official duties, the Council opinion is that this action � demonstrated poor judgment. This action has undermined the integrity of the Council and jeopardized the trust between the Council, City Staff, and Friendswood citizens. In conclusion, the Council regrets and apologizes for this public relations inaccuracy. The Council stands by its recent and public admonishment of Councilmember Brown with regard to her improper behavioral attitude and personal treatment of a City Staff member; Ms. Karen Capps. The Council stands by its finding in support of and respectfor Ms.Capps and her value to the City and the citizens of Friendswood." "'""'Councilmember Brown made a motion to determine if the City Attorney concurs or dissents with the statement that there... The motion died as an incomplete motion. Mayor Smith stated that he would not give Councilmember Brown the floor. ' Mayor Smith stated that Agenda Item No. 24 is consideration and possible action arising from the , deliberations and the duties and assignments of a public officer and under that particularsubject matterasked I if there were any other motions to be made. ; **Councilmember Brown made a motion regarding Agenda Item No.24 regarding the Council's decision that � Councilmember Brown had unilateral action as per the Charter to inquire if the CityAttorney as required under the Charter concurs or dissents with the City Council's statement. The motion died for lack of a second. Mayor Smith stated that is not a motion for the Council under that subject,stated asking a question of the City ' Attorney is out of order and he is ruling as such. , I li I 01/09/12 3849 ', Counciimember Brown stated as a point of information asked if the City Attomey concurs or dissents with the statement of Council. Mayor Smith stated her point of information should be directed at him and there is no item on the agenda for that subject matter. Councilmember Brown raised a point of order as to the lack of ability to make a motion, she stated she understood that she has the opportunity to put it on the agenda for the next meeting and will do so. The point of order is to the extent that a motion is being denied which is properly related to the agenda item. Mayor Smith overruled the point of order. '"Councilmember Enochs moved to remove Councilmember Brown from all of her Iiaison positio�s. Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Brown opposed. Councilmember Enochs stated the behavior exhibited with the CityAttorney and City employee puts Council in a position where they should not allow interactions like that to exist or potentially occur again. Councilmember Brown stated she has only alternate positions, there is no defined role as the Homeowners Association liaison that any Councilmember could not do and she wiil continue to interactwith neighborhoods as she always has as a Gouncilmember. She stated with respect to any type of decision she would like to know if Council has received any Iegal opinion as to the appropriateness of stripping a Councilmember of liaison positions and if any Iegai opinions were discussed during Executive Session. I Mayor Smith stated there is no obligation to answer Councilmember Brown's questions uNess directed by a ' majority of Council. He stated this is not about whether a Councilperson has any particular positions, but a message from Council stated as loud as they possibly can and if Counciimember Brown does not pay attention to that message then she has missed it to begin with. There are a limited number of things that a Council can do to send a message to one of its fellow Councilmembers and only once in the City of Friendswood has this ever taken place before so this should send a very large message to Councilmember Brown with regards to how strongiy the Council feels as it relates to the actions that she has taken in the past. `**Mayor Smith called the question. The motion to call the question was approved 6-1 with Councilmember Brown opposed. The meeting was adjoumed at 12:19 AM. ayor Daw . . m ; �� FR�EN�s �� o o � a Melinda Welsh, TRMC City Secretary � � � c�� Pcr �9T� �� g�°� i , ,I �