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HomeMy WebLinkAboutCC Minutes 2012-01-23 Regular 01/23/12 3850 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 23, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 23, 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 MIKE BARKER (left at 11:09 PM} COUNGLMEMBER BIL�Y ENOCHS COUNCILMEMBER PAT McGiNNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER DEPUTY CITY SECRETARY MICHELIE PEREZ REGULAR MEETWG Mayor Smith cailed the meeting to order. '*Counciimember Barker moved to approve authorizing a Iegal services agreement with Taylor Olson Adkins Sralla Elam, LLP for oiI and gas consultation. Seconded by Councilmember McGinnis. The motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 16, Consideration and possible action regarding deciding whether to audio record any Executive Session scheduled for January 23, 2012. ACTION ITEM *'Councilmember Brown made a motion to audio record any Executive Session scheduled for January 23, 2012. Seconded by Councilmember McGinnis. The motion failed 1-6 with Mayor Smith and Councilmembers Barker, Enochs, Hiil, McGinnis, and Scott opposed. CLOSED EXECUTIVE SESSION Mayor Smith asked if anyone would like to speak regarding the Executive Session topic and no one spoke. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to � Section 551.071; Consultation with attorney to receive Iegal advice regarding current and proposed ordinances affecting oil and gas activiry. RECONVENE INTO OPEN SESSION Council reconvened into Regular Session with no action taken later in the meeting. � 01/23/12 3851 � REGULAR MEETING I Mayor Smith called the meeting to order. The invocation was given by Father Skip Negley of Mary Queen Catholic Church. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Tony D. Sekely, representing the Gulf Coast Government Finance Officers Association of Texas, presented the Certificate of Achievement for Excellence in Financial Reporting for 2009-10 Comprehensive Annual Financial Report (CAFR) to Administrative Services Director Cindy Edge and Deputy Director of Accounting Rhonda Bloskas. Mr. Sekely stated this is the City of Friendswood's twenty-third year to receive this award and he congratulated the City for that achievement. Mayor Smith congratulated Cindy Edge and Staff on anothergreatjob. JOINT PUBLIG HEARING Mayor Smith and Planning and Zoning Commission Chair Kevin Holiand called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding the vacation of public right of way for 20 feet of a 40 feet wide roadway easement of .190 acre of land, being out of a�d part of Lots 1 through 4, Biock 1, The Forest Section Thirteen, on property Iocated at 1002, 1004, 1006 and 1008 Majestic Lane, Galveston County, Friendswood, Texas. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in favor of this request. Kenneth Janis, Friendswood resident, stated he is a resident of Majestic Lane and is in favor of the right i of way. Planning and Zoning Chair Kevin Holland asked if anyone would like to speak in opposition of this request. No one spoke. Hearing no further comments, Chair Kevin Holland closed the Planning and Zoning Commission's portion of the Joint Public Hearing and adjourned to the upstairs conference room. Mayor Smith left Council's portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Bobbie Jones, Friendswood resident, addressed Council and stated there was a Homeowners Association (HOA) meeting, and was a great success. People from the subdivision had a chance to introduce themselves and speak of the problems they had, a�d was one of the most interesting meetings she has been to in a long time. She thanked Councilmember Brown for allowing them to meet, is the best representative, and does not think there is anyone better to serve as HOA Liaison than Councilmember Brown. She stated she disagrees with changing the Council meetings to 4:30 PM and thinks it is very ; wrong to do, some work and would have to ask off early to get to the meeting. There are people who like to come to the meeting who will not be able to make it, would appreciate it if the meeting stays at 7:00 PM or be changed to 6:00 PM or 6:30 PM. There was a dog in her neighborhood and she took him to the pound and stated it was the nicest and cleanest pound in the worid. Jackie Gibson, Friendswood resident, addressed Council and stated she has been a resident of , Friendswood for seven years, and stated she would Iike to ask Council to reconsider the removal of ' , Councilmember Brown from her HOA Liaison position. ', II 01/23/12 3852 Since Councilmember Brown has held this position she has done a tremendous amount of work, is the only Councilmember that she knows of who has reached out to the citizens. Ms. Gibson stated that over the last two years she has brought concerns to five of the seven Councilmembers, only two have responded, and one of them was Councilmember Brown. HOA forums are very vaivable and Councilmember Brown did a fantastic job with the presentations without backing from City Staff and fellow Councilmembers. Councilmember Brown has facilitated HOA events but Council has refused to allow her to use City resources to carry out the duties of her position. Council should encourage a heaithy HOA system throughout the City, attempting to change Council meetings to 4:30 PM is ludicrous, are limiting the attendance and oversight of the meeting, and cannot believe the majority of Councii thinks this is in the best interest of the community. Charles Prendergast, Friendswood resident, addressed Council and stated he is a 17-year Friendswood resident and HOA board member. He stated he is speaking tonight on behaif of the Boca Raton Section 1 HOA and is asking Council to reverse the iate night vote at the January 9, 2012, Council meeting removing Councilmember Brown as HOA Liaison. She has done an outstanding job bringing HOA's together and informing boards and citizens on City issues. Councilmember Brown organized HOA education forums in January, April, and August 2011, and in January 2012. AII were tremendously successful in teaching HOA boards and their membership a variety of important topics, particularly the recent changes to Texas property statutes affecting HOA operations and procedures. These forums and chat sessions created dialogues between the many Friendswood HOA's. Councilmember Brown sent numerous informative emails to HOA's on City issues that helped keep citizens informed, something Council is elected to do. Mr. Prendergast stated he reviewed the HOA emaii records, and prior to Counciimember Brown's election and appointment as HOA Liaison, there were no communications from individual Councilmembers to their HOA on City issues. In the past, it seems the only time Councilmembers visited HOA's was when running for election or re-election. He urged Council to reconsider its decision to remove Councilmember Brown as HOA Liaison, as well as her other appointments. All were elected to take care of the City's business. Council should put disagreements aside and accomplish that goal. GITY MANAGER'S REPORT City Manager Roger Roecker reported that the Economic Development Office recently published a New Business Guide that is designed to assist business owners through the process of starting a business in Friendswood. The comprehensive new guide provides information about economic development incentives, deveiopment regulations, zoning, permit applications, locai taxes, and business resource contacts. The New Business Guide is given to business prospects through the Economic Development Office and at meetings with potential developers. The guide is available in the Community Development Department, City Secretary's Office, Friendswood Public Library, and at the Friendswood Chamber of Commerce. It is also available on the City's website at www.friendswood.com/business services/business reportslnew business guide. If anyone wouid like a copy of the New Business Guide, please call Economic Development Coordinator Karen Capps, 281-996-3250 or e-mail her at kcappsCcilfriendswood.com. The City Manager handed out the business guide for viewing by Council. � ACTION ITEMS I **Councilmember Enochs moved to approve the Friendswood Public Library's Long-Range Strategic Plan as required by the State of Texas for accreditation. Seconded by Counciimember McGinnis. The motion was approved unanimously. **Councilmember Barker moved to approve the Charter Review Commission's recommendations for I consideration. � Seconded by Counciimember Hiil. I 01/23/12 3853 Mayor Smith explained the process of the City Charter review and stated every five years the City is I required to do a charter review to make sure the constitution, or charter, is in line with state and federal law and address any issues that may have come up within that five year period that the City wouid like to change in the City's constitution. The City's practice is to appoint a Charter Review Commission and ask them to review those potential issues to.be brought before the citizens. Those recommendations are brought to the City Council and the City Council takes those recommendations, discusses them and makes the final decision as to what will be placed on the bailot. The commission has brought those changes to Council and now Councii will go through the changes and decide which ones will be brought before the voters. Mayor Smith addressed proposed Amendment No. 1 —Sec. 1.00. Glossary of Terms. Councilmember Brown recommended capitalizing the Ietter"M" in the word "Member" and explained the rationale of moving the Glossary of Terms to the front of the charter document. "*Councilmember Barker moved to amend the main motion to capitalize the Ietter "M" in the word "Member". Seconded by Councilmember Hill. Mayor Smith addressed proposed Amendment No. 2—Sec. 2.06. Limitation of liability for damages. City Attorney Arnold Polanco provided Councii with a copy of the final submitted version, which clarifies that there is a notice period that must be provided. As currently drafted, it provides for a 60-day period and there is case law that targets that short of a period as being problematic, so there is a recommendation for a 100-day notice period and provides that any lawsuit would be filed within 80 days � after the time that the notice is given. It also corresponds to the six-month provision of the Texas Tort I Claims Act. This cleans it up, makes it consistent with case law and the statute. `**'Counciimember Barker moved to amend the main motion to accept the amended paper copy provided by the City Attorney referencing Section 2.06. Limitation of liability for damages. Seconded by Councilmember HiII. Counciimember Brown stated that she is not prepared to vote on this item because Council received an opinion today from the City Attorney related to these issues, knew there were changes to the Tort Liability Act, which is what she thought spurred some of the changes. City Attorney Arnold Polanco referred to the email from fellow City Attorney Steve Weathered to City Secretary Melinda Welsh that discusses this issue. This was the attachment to that email and Council was copied this afternoon by City Manager Roger Roecker. Councilmember Brown stated she has not had the opportunity to review it and is not sure why the title is changing from Tort liability and asked if it was dealing with more than just tort issues. The Ciry Attorney stated Councilmember Brown will have the opportunity to review it when the election order is brought for calling the election and it does have potential for more than just tort. Mayor Smith addressed proposed Amendment No. 3 — Sec. 3.01. Number, selection, term, and term limitations. Councilmember Enochs stated he supports term limits, is not in favor of this proposed amendment, would like to see a full cycle in the break in service but could bend to a three-year break in cycle. Councilmembers Scott and Brown stated they agreed with Councilmember Enochs' comments. Mayor Smith stated one perspective for consideration is that experienced councilmembers are few and far between and to eliminate that block of experience and the potential for them to serve seems harsh and ! reduces the pool of knowledge and ability for people to benefit from their history, and recommends a ' compromise of two years. Councilmember Barker stated he does not want to second-guess the commission because they have analyzed this recommendation and it reflects their best judgment. � 01/23/12 3854 Councilmember Hill stated the ballot box is the best method to limit terms. No amendment was made to proposed Amendment No. 3. Mayor Smith addressed proposed Amendment No. 4—Sec. 3.05. Mayor and Mayor Pro Tem. Mayor Smith stated that asking councilmembers to immediately appoint a Mayor Pro Tem makes them uncomfortable. The sentiment is that it does need to be done quickly but there is a desire to become acclimated to the new Councii structure before making that decision. Counciimember McGinnis asked if a sentence should be included that addresses the possibility of the Mayor Pro Tem vacating his or her seat and Mayor Smith stated Council would vote for a new Mayor Pro Tem. City Attorney Arnold Polanco suggested putting in a statement to include if both the Mayor and Mayor Pro Tem are absent then the members would select from among them an acting Mayor for the purposes of that meeting. Councilmembers McGinnis and Brown agreed with the City Attorney's recommendation. Mayor Smith stated he did not think Council should fix something that is not broken, the timing of appointing Mayor Pro Tem was the only issue. Councilmember Brown stated the suggestion just adds equality. Councilmember Barker stated he does not think it is broken the way it is written. No amendment was made to proposed Amendment No. 4. Mayor Smith addressed proposed Amendment No. 5—Sec. 3.09. Meetings of the City Council. Mayor Smith stated this is a substantive change in that the meetings shall not exceed three hours unless a supermajority of the Council votes to approve the extension. Councilmember McGinnis stated he would like to see this in the Rules of Procedure and not in the charter so as not to bind this Council or future Councils. Councilmember Brown stated the proposed language is ambiguous and will lead to different interpretations in the future, did research on Council meetings from 2005 to present and did not find a meeting that went under three hours and there were multiple meetings in a month. This wiil hinder the business of the City and Council needs to more efficientiy manage meetings rather than to adopt formal changes. Mayor Smith stated he does not find the provision to be limiting and it does not change Councii's ability to call special meetings when needed. It does preclude a simple majority of Council holding a minority of Council at bay for an extended period of time through excessively long meetings. Everyone has a different capacity, sees it as a guideline, need to manage time well enough as to not exceed an individual's capacity for good decision making and is an important message to send to future Councils through the charter. Counciimember Brown stated Council rules have been a running theme throughout history of Council meeting minutes she has reviewed and the Ianguage of this recommendation will perpetuate that issue. No amendment was made to proposed Amendment No. 5. Mayor Smith addressed proposed Amendment No. 6—Sec. 3.10. Rules of procedure. No amendment was made to proposed Amendment No. 6. Mayor Smith addressed proposed Amendment No. 7—Sec. 3.11. Ordinances in general. Mayor Smith stated this is a procedural issue that is incorporated into the charter as to how and when to inform of ordinance changes and the proposed amendment would speed up the process by which ordinances could be passed. Councilmember Brown asked if this would require Council to meet in back to back weeks in order to comply with the one-week requirement for the ordinance readings and Mayor Smith stated these are minimum requirements but the big change is that the posting requirements oniy require 72 hours. 01/23/12 3855 I Councilmember Brown asked why reduce it to a week period if Council is not willing to act on it within a � week and City Attomey Amold Polanco stated this is for expeditious reasons. Councilmember Brown li stated then there will have to be a second meeting the following week to approve the ordinance and it will not be able to happen if changing the meeting to once a month. Mayor Smith stated that now it often takes three to four weeks to get the business done, this helps to better facilitate it. Councilmember McGinnis agreed to discussing the idea, does not agree with the change in the posting time from one week to 72 hours. Mayor Smith acknowledged where the responsibility will fall, the 72 posting requirement is more convenient for Staff but Council will need to be aware of how citizens will be affected by ordinance changes and Council may draw out the length of time if it is a sensitive issue to allow for more public input. Counciimember Brown asked if this was included in the Iegal opinions Council received and the City Attorney stated no. Councilmember Brown stated that the City couid unintentionally create unintended rights for applicants to have a meeting within one week time if it means it will affect their use of the property and applicants can then demand a one-week reading since the rules allow for it, also is concerned that the 72 hour posting requirement couid be abused, concerned with the substantive process and how that is incorporated into the procedures, who has responsibility to determine if the ordinance is read within the proper time and how would Staff immunity play into that. Councilmember Enochs stated this is bringing the City up to current technology. City Attorney Arnold Polanco suggested changing the wording to 72 hours before the first reading of the ordinance as opposed to 72 hours before adoption. *'""'Councilmember Barker moved to amend the main motion to change proposed Amendment 7, Section 3.11. Ordinances in general. (b) Procedure, for the sentence to read, "Any member of Council may offer an ordinance on the agenda for consideration. A majority of Council must be obtained before forwarding to City Attorney for approval as to form. Copies of the proposed ordinance, in the form required for adoption, shall be fumished to members 72 hours before 'first reading' rather than `adoption' i Seconded by Councilmember HiIL ; City Manager Roger Roecker stated the reason for the proposed change to 72 hours was to coincide with the notice of the Open Meetings Act. Councilmember Hill stated these issues are discussed quite a bit before they are submitted as ordinances. Mayor Smith stated what this means to him is that the issue of an ordinance being drafted by Council would have to be put on an agenda prior to it being put in ordinance form by the City Attorney. Mayor Smith addressed proposed Amendment No. 8 — Sec. 3.14. Authentication and recording, codification, printing. Mayor Smith stated this was good cleanup work by Staff, City Attorney and Charter Review Commission in making sure there is a good understating of how records are to be maintained. Councilmember Brown asked if this language came from other cities and was subject to Iegal. The City Attorney stated this is fairly common language and what is a substantive or non-substantive change may be addressed in the final election order. No amendment was made to proposed Amendment No. 8. Mayor Smith addressed proposed Amendment No. 9—Sec. 4.01. City Manager. Councilmember McGinnis stated he agreed with the grammatical clean up but does not agree with changing from majority to super majority. Councilmember Brown stated she researched this and could not find a time when Council removed a City Manager, past history shows that a majority may be more ; useful, and asked why limit to the City Manager and not the City Secretary, City Attomey, and City Judge i which are appointed by City Council: City Manager Roger Roecker stated Council could extend it to , others. ' 01/23/12 3856 The current charter wording does not specify for the City Secretary as explicitly as it does for the City Manager. Mayor Smith stated there is a significant difference between the positions and the interaction between the intent of the charter with regards to what the City Manager's job is which is managing the day-to-day operations of the City and believes that is why it is silent to the others because their positions do not carry the same weight or requirement of oversight on the part of Council. Councilmember Enochs stated he agreed with the amendment, is an important and critical position. No amendment was made to proposed Amendment No. 9. Mayor Smith addressed proposed Amendment No. 10—Sec. 6.02. Filing for Office. Councilmember Brown stated the fees, salaries, and gifts are proposed to be increased from $10 to �50 �nd would like to just ban the ability to accept any gifts. Counciimember Enochs stated that this brings the City in line with what happens in the private sector. No amendment was made to proposed Amendment No. 10. Mayor Smith addressed proposed Amendment No. 11 —Sec. 8.05. Borrowing for capital improvements. Mayor Smith read from the last section of this amendment titled Elections to authorize deBf: Notwithstanding any ofher provision contained in fhis Section 8.05 to fhe contrary, fhe Council shalf be prohibifed from incurring debt not payable from then current revenues unless a proposition thereof has been approved By the vofers aE a Special Election held for such purpose;provided, however, fhe Council shall be authorized to incur debt without the necessity of a Special Election to finance sfreet improvemenfs and relafed infrastructure, equipment and facilifies for sform sewer, drainage, wafer and sanifary sewer purposes, or if necessary due to an emergency or urgent public necessify, which emergency or urgent pubiic necessify shal/be expressed in the ordinance or resolution aufhorizing such debt. He further stated it is prohibitive as well as giving permission for Council to act under certain circumstances where debt might be necessary. Councilmember Hill stated he had asked the Charter Review Commission to review this section and wouid like amendment to say to repair existing streets and related infrastructure, and not include wording "street improvements" which could be interpreted as new streets and Councilmembers Barker, Brown, and Scott agreed. Councilmember McGinnis stated this is a giant loophole that would be useful for a future Council to issue debt that was not quite in line with the will of the peopie, does not think the line should be included. Counciimember Enochs agreed with Councilmember McGinnis, the way it is written is covered, and the City needs to do a better job at budgeting for street repairs. If there is a bad situation, they can have a bond election. Mayor Smith stated adding the line in is more limiting as to what the City can do and Ieaving it out could leave a broader decision making capability as to what Council is allowed to do regarding debt. Councilmember McGinnis stated one of the emails he received from City Manager Roger Roecker late this afternoon had to do with some legal opinions from the City Attorney regarding this particular phrase, if this intent in the ' charter would rea�ly hold legal muster if a Councii wished to push forward with Certificates of Obligation. I Councilmember McGinnis asked the City Attorney for a summary of his legal opinion. The City Attorney stated he is loath to go into an in depth legal discussion in open session but will say that there is a state law that may have the effect of freeing any governing body from the constraints that they are asking the voters to impose upon them, but be mindful that even if Council choose to avail themselves of that freedom there is still a procedure in that state law that states a petition of five percent of the voters of the City can demand that an election be held before that debt is issued. Counciimember McGinnis stated that previous voters had put this clause in there to exert more control over the spending patterns of previous Councils. His feeling is that this is one that is not broken. Councilmember Brown stated she I disagrees with Mayor Smith's comments that it creates a better corral, agreed with some of the comments that Councilmembers Enochs and McGinnis raised. She stated there is other language that is not highlighted as corollary language in the state statutes. ( 01/23/12 3857 This section directly relates to Section 8.07 so if there is a change to Section 8.05 would want to know if I Section 8.07 needs changes to make sure they are read together. She further stated she understands i Councilmember Hili's intent with this amendment but thinks it could lead to unintended consequences, agrees with Mayor Smith that the City has the right to use Certificates of Obligation to the extent that it follows with the current language of the charter, case law and state statutes, and aiso agrees with Councilmember Enochs that if the public is educated as to need, they will support bond improvements or an increase in taxes. No amendment was made to proposed Amendment No. 11. Mayor Smith addressed proposed Amendment No. 12—Sec. 11.02. Newspaper. Mayor Smith stated this is a change to the time period from annually to bienniaily. No amendment was made to proposed Amendment No. 12. Council held a lengthy discussion on the best way to vote on all the amendments. Councilmember Scott suggested amending motion to go through one by one and vote as Council goes through each amendment proposal. '"**"Councilmember Barker moved to amend the main (original) motion from approving the Charter Review Commission's recommendation for consideration to amend aII of the motions, one through twelve, one at a time. Seconded by Councilmember Hill. '**"***Councilmember Barker restated the previous amendment to the main motion to capitalize the Ietter "M" in the word "Member" in proposed Amendment No. 1 — Section 1.00. Glossary of Terms and move from Sec. 1.04 to Sec. 1.00. Seconded by Councilmember Hill. The amended motion was approved unanimousiy. *""'"""Counciimember Barker restated the previous amendment to the main motion to accept the amended paper copy provided by the City Attorney referencing proposed Amendment No. 2 — Section 2.06. Limitation of liability for damages. ' Seconded by Councilmember Hill. The amended motion was approved 6-1 with Councilmember Brown opposed. "*"'""Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 3 — Section 3.01. Number, selection, term, and term Iimitations, as submitted by the Charter Review Commission. Seconded by Councilmember Hill. The amended motion failed 1-6 with Counciimember Barker, Enochs, Hill, McGinnis, Scott and Brown opposed. Councilmember Scott stated that term limits are there for a reason and once a term is served, the elected officiai is to be done. What is seen at the federal Ievel is too many people are unwilling to adopt that change and they are the ones that must bring that change forward. Once you get rid of term limits where you shorten the duration, what you do is create an opportunity for those who like the power will never approve to go to term limits. He stated he will not support this proposed amendment. """'*'**`Councilmember Brown moved to amend the amended main motion to require a five-year absence from Council before being able to run again rather than the proposed one-year absence. ; The amendment to the amended main motion died for Iack of a second. I I 01/23/12 3858 "****'**'**Councilmember Scott moved to amend the amended main motion that there be term limits as currently described in the charter and to not accept the proposed change by the Charter Review Commission. Seconded by Councilmember Brown. The amendment to the amended main motion was approved 6-1 with Mayor Smith opposed. Councilmember McGinnis stated the cleanup on this is good and valuabie and might be advisable to change the amendment to eliminate the line that states there will be a break in service of one year. Mayor Smith informed Councilmember Scott that Councilmember McGinnis is looking to him to make that change to clarify his amendment to accept this except for the allowance for someone to come back after a one-year break and leave all of the other proposed ciean up issues. Councilmember Scott stated he understands the thought, but if the corrections are made to get it current to fhis year then is it going to have to be considered in five years when the date in the charter does not reflect the current year, the current written intent Ieaves the reading to understand that it is based on the years. Councilmember Brown stated there is another proposed amendment, which will ailow for any nonmaterial clerical modifications so to the extent if the other item is approved it will work in tandem with the nonmaterial modifications in this proposed amendment """"""'"'Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 4—Section 3.05. Mayor and Mayor Pro Tein, as submitted by the Charter Review Commission. Seconded by Councilmember Hill. The amended motion was approved unanimously. "'""•"'•'"'"'Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 5—Section 3.09. Meetings of the City Council, as submitted by the Charter Review Commission. Seconded by Gouncilmember Hill. The amended motion failed 2-5 with Councilmember Barker, Enochs, McGinnis, Scott and Brown opposed. ******`*******Councilmember McGinnis moved to amend the amended main motion to end the amendment after the word public and strike the proposed suggestions beginning "and any such meetings shall not exceed three hours unless the supermajority of the entire Council votes and approves extending the duration of that meeting". Seconded by Councilmember Enochs. The amendment to the amended main motion was approved 5-2 with Mayor Smith and Councilmember Hill opposed. Councilmember Enochs stated this belongs in the Council Rules of Procedure and not City Charter. Mayor Smith stated the word general pubiic would be the end of that sentence. Councilmember Brown stated there will be no change except removing the words by resolution. City Attorney Arnold Polanco stated the word by resolution is being proposed to be deleted and may require voter approval. Councilmember Brown stated so the only change will then be striking the word by resolufion. Mayor Smith stated so Council is accepting it like it is with the change that has been made. ******`********Gouncilmember Brown moved to amend the amendment to the amended main motion to reflect that the only change will be by resolution after established. Councilmember Brown rescinded the amendment. `*"""""""""Counciimember Barker moved to amend the main motion to approve proposed Amendment No. 6—Section 3.10. Rules of procedure, as submitted by the Charter Review Commission. Seconded by Councilmember Hiil. The amended motion was approved unanimously. ************'**'*Councilmember Barker restated the previous amendment to the main motion to change the proposed Amendment 7 — Section 3.11(b). Ordinances in general, the sentence to read, "Any member of Council may offer an ordinance on the agenda for consideration. A majority of Council must be obtained before forwarding to City Attorney for approval as to form. il 01/23/12 3859 i Copies of the proposed ordinance, in the form required for adoption, shall be furnished to members 72 hours before 'first reading' rather than 'adoption' " as previously read into the minutes. i Seconded by Councilmember Hill. The amended motion was approved 5-2 with Councilmembers Brown and McGinnis opposed. "*`*'""*`�`*�"`Councilmember McGinnis moved to amend the amendment to the main motion to maintain the time for which the proposed ordinance be furnished to member of Council to a minimum of one week. Seconded by Councilmember Brown. The amendment to the amended main motion failed 2-5 with Mayor Smith and Councilmembers Barker, Enochs, HiII, and Scott opposed. �*"`""•'"""'"'""'Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 8—Section 3.14. Authentication and recordi�g, codification, printing, as submitted by the Charter Review Commission. Seconded by Councilmember HiII. The amended motion was approved unanimously. `*'*'"*"�*"*'""""'Counciimember Brown moved to amend the amended motion to allow for whatever the final draft is from the City Attorney who indicated there would be a potential change. "*'*****"`"'"'""•"*Councilmember Brown amended the amendment to the amended main motion to reflect the City Attorney's comments that he would provide suggested draft Ianguage, which Councii would approve at that time, but will preliminarily approve the Ianguage set forth in this proposal. Seconded by Councilmember McGinnis. The amendment to the amendment of the amended main motion was approved unanimousiy. I "*•'""'*""'*"**"•*'*Counciimember Barker moved to amend the main motion to approve proposed Amendment No. 9—Section 4.01. City Manager, as submitted by the Charter Review Commission. , Seconded by Councilmember HiIL The amended motion was approved 2-5 with Councilmembers Brown ' and McGinnis opposed. `***"**'*""'"""""""Councilmember McGinnis moved to amend the amended main motion to strike the term "supermajority"and use the term "majority." Seconded by Councilmember Brown. The amendment to the amended main motion failed 2-5 with Mayor Smith and Councilmembers Barker, Enochs, Hili, and Scott opposed. *'""*•"'""••"""•"""'Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 10—Section 6.02. Filing for O�ce, as submitted by the Charter Review Commission. Seconded by Councilmember Hill. The amended motion was approved unanimously. ��������*��*��*���****�*�Councilmember Brown moved to amend the amended main motion to change Subsection (d)2 to prevent any gifts from any companies or individuals under contract with the City during the twelve months prior to filing for office. The amendment to the amended main motion died for lack of a second. "'"'*"'****""'*`"*'""'Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 11 — Section 8.05. Borrowing for capital improvements, as submitted by the Charter Review Commission. Seconded by Councilmember Hill. Mayor Smith stated for the record that Councilmember Barker's amendment to this motion negates this motion. Councilmember Hill stated he initially requested changes to this, but has since changed his mind, thinks a ; ' bond election for street repairs would pass, believes this will hurt some of the other amendment changes if this moves forward. I 01/23/12 3860 """""""""'""*•'*"'"""Councilmember Brown moved to not move fonvard with this proposed amendment. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Smith a�d Councilmembers Barker, Enochs, Hill, and Scott opposed. Mayor Smith clarified that Councilmember Brown's motion is to strike the proposed amendment in its entirety and Councilmember Brown stated yes. Councilmember Barker referred to proposed Amendment No. 11, Sectio� 8.05(� and stated he would like to strike "street improvements and related infrastructure, equipment . . . and replace it with "repairs to existing City streets and utilities". Councilmember Brown suggested an Executive Session to discuss potential language changes, are changes that can be made that have not been suggested such as the definition of current revenues, is not sure how much Council would like to work on that one item between now and March 5, 2012. She stated she is willing to work on it further but as currently proposed, it should be stricken. Striking it now would not prevent them from bringing it up before March 5, 2012, in another form. '""""""""'""""""""'"""Councilmember Barker moved to amend the amended main motion to delete the Ianguage aiready in the minutes, delete "street improvements and related infrastructure, equipment and facilities for storm sewer, drainage, water and sanitary sewer purposes and replace it with "repairs to existing City streets and utilities". Seconded by Mayor Smith. The motion failed 2-5 with Mayor Smith and Councilmembers Brown, Enochs, McGinnis, and Scott opposed. City Attorney Arnold Polanco asked for clarification and asked, if the amended motion is approved, the proposed amendment would read "repairs to existing street improvements and related infrastructure, equipment, and facilities for storm sewer drainage, water ... Councilmember Barker stated it is limited to repairs to existing City streets and utilities, not equipment, but utilities should cover that equipment if it is sewer and water treatment plants or whatever. Councilmember Hill stated he wants the proposed amendment to state "to repair existing streets and their storm sewers". Councilmember Barker stated the word "utilities" covers both streets and their storm sewers. Councilmember Hill stated if that case, he is good with the amended motion as it stands. Councilmember Barker clarified that his intent is to strike"street improvements and related infrastructure, equipment and faciiities for storm sewer, drainage, water, and sanitary sewer purposes" and replace it with "repairs to existing City streets and utilities". Councilmember Brown stated"utilities" is expansive and she believes there will need to have a complimentary bond provision if this moves forvvard, because if it fails there is no assurance of how the public will respond. Mayor Smith stated now this takes Council back to the original motion. '*"********'*'***"****""""Councilmember McGinnis moved to amend the amended main motion not to make a change to proposed Amendment No. 11 — Section 8.05. Borrowing for capital improvements, as submitted by the Charter Review Commission. Seconded by Councilmember Scott. Councilmember McGinnis stated his motion refers to Section 8.05(� because he did not agree with that and so leave it as is, the rest of the changes are grammatical. Mayor Smith stated for clarification the vote will be to accept the form as was submitted by the Charter Review Commission with the exception of paragraph 2(�which wouid be left in its original form from what is in the charter. Councilmember McGinnis stated there is a correction from "therefore" to "thereof', besides that he agreed with Mayor Smith's clarification. � 01/23/12 3861 Councilmember Scott stated he thought the intent of this motion for this proposed amendment was not to go on the ballot to be voted on, grammatical corrections can be done without it being placed on the ballot. j City Attorney Arnold Polanco stated the motion is not appropriate according to Robert's Rules of Order because this goes against the motio�on the floor. ***'""'"""'""""'"'""'""'*'"'"Councilmember Barker moved to amend the main motion to approve proposed Amendment No. 11 — Section 8.05. Borrowing for capital improvements, as submitted by the Charter Review Commission. Seconded by Councilmember McGinnis. The amended motion failed 1-6 with Councilmembers Barker, Brown, Enochs, HiII, McGinnis and Scott opposed. ""*"****'k*"""**'***`*"*'Councilmember Scott moved to amend the main motion to approve proposed amendment No. 12—Sec. 11.02. Official Newspaper, as submitted by the Charter Review Commission. Seconded by Councilmember HiII. The amended motion was approved 5-2 with Councilmembers Brown and Enochs opposed. Mayor Smith recognized Planning and Zoning Commission Chair Kevin Holland who stated the Planning and Zoning Commission voted unanimously to vacate the partial vacation of a public right-of-way situated on property located at 1002, 1004, 1006 and 1008 Majestic Lane, Friendswood, Texas; authorizing the Mayor Smith to execute and the City Secretary to attest a quitclaim deed by and between the City and Mr. Raul Espino, Mr. and Mrs. Matt Wilber, Mr. and Mrs. Kenneth Janis, and Mr. and Mrs.Alexander Garcia. With concurrence of Council, Mayor Smith moved to Agenda Item 206, Ordinance T2012-03: (Title: First reading of an ordinance approving a partial vacation of a public right-of-way) An ordinance approving a ! partial vacation of a public right-of-way situated on property located at 1002 1004, 1006, and 1008 , Majestic Lane, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a I quitclaim deed by and between the City and Mr. Raul Espino, Mr. and Mrs. Matt Wilbur, Mr. and Mrs. Kenneth Janis, and Mr. and Mrs. Alexander Garcia. ORDINANCE **Councilmember Barker moved to approve the First reading of Ordinance T2012-03 - An Ordinance approving a partial vacation of a public right-of-way situated on property located at 1002, 1004, 1006 and 1008 Majestic Lane, Friendswood, Texas; authorizing the Mayor Smith to execute and the City Secretary to attest a quitclaim deed by and belween the City and Mr. Raul Espino, Mr. and Mrs. Matt Wilber, Mr. and Mrs. Kenneth Janis, and Mr. and Mrs.Alexander Garcia. Seconded by Councilmember McGinnis. The motion was approved unanimously. Mayor Smith closed Council's portion of the Joint Public Hearing. ACTION ITEMS "Councilmember Barker moved to approve the selection of administrators and engineers for the Community Development Block Grant Program Rou�d 2.2 grant funds. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Scott moved to approve a fourth amendment to the License and Lease Agreement with ' Friendswood Independent School District for Iighting within Centennial Park adjacent to the new Junior � High parking iot and authorizing the Mayor to execute the agreement. Seconded by Councilmember HiII. The motion was approved unanimously. I 01l23/12 3862 "'Councilmember McGinnis moved to approve possible action regarding future water and sewer projects and avaiiable funding options. Seconded by Councilmember Scott. *'*Councilmember McGinnis amended the motion to allow Staff to move forward with the projects and come back to Council with the projects as soon as possible. Seconded by Councilmember Scott. The amended motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 17 - Consideration and possible action regarding the appointments of City Council liaisons including but not limited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and alternate liaison positions for the following committees; Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC} and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions. *'Councilmember McGinnis moved to convene into Executive Session to consult with the City Attorney regarding Agenda Item 15 - Consideration and possible action regarding authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the reiease of certain e-mails, and the release of certain Ietters to the Attorney General, and Agenda Item 17 - Consideration and possible action regarding the appointments of City Council Iiaisons including but not Iimited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and aiternate liaison positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions. Seconded by Councilmember Scott. The motion was approved 5-2 with Councilmembers Barker and Hill opposed. City Attorney Arnold Polanco stated that you can convene to discuss both agenda items but would need to vote on them separately. "`Councilmember McGinnis amended the motion to convene into Executive Session for Iegal counsel regarding only Agenda Item 17 - Consideration and possible action regarding the appointments of City Council liaisons including but not limited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and alternate liaison positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote compiies with the Open Meetings Act, as well as to fill any vacant positions. The motion died for lack of a second. '*Councilmember Brown moved to table Agenda Item 17 - Consideration and possible action regarding the appointments of City Council Iiaisons including but not limited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and aiternate Iiaiso� positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions. Seconded by Mayor Smith. The motion failed 2-5 with Mayor Smith and Councilmembers Barker, HiII, McGinnis, and Scott opposed. 01/23/12 3863 � **Counciimember Brown moved to table Agenda Item 17 - Consideration and possible action regarding � the appointments of City Council liaisons including but not limited to Homeowner Association (HOA) i Iiaison, Harris County Commissioners Court and alternate liaison positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions until after Agenda Item 15 - Consideration and possibie action regarding authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the release of certain e-mails, and the release of certain letters to the Attorney General has been discussed. Seconded by Counciimember Scott. Mayor Smith stated the proper procedure to do that would be to ask him not to do that because he is the one who moved it without objection. You can simply object to Item 15 being moved. Councilmember Brown said Item 17 already has a motion on the floor and deferred to the City Attorney for parliamentary procedure. The City Attorney stated he was not sure what Council was doing. "'Councilmember Brown objected to moving to Agenda item 15 - Consideration and possible action regarding the appointments of City Council liaisons inciuding but not limited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and alternate liaison positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2012, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions, Agenda item 15 - Consideration and possible action regarding authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the release of certain e-mails, and the release of certain letters to the Attorney GeneraL I The objection was approved 6-1 with Mayor Smith opposed. With concurrence of Council, Mayor Smith moved to Agenda Item 15, Consideration and possible action authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident; the release of certain e-mails; and the release of certain letters to the Attorney General. "Councilmember McGinnis moved to convene into Executive Session to consult with the City Attorney regarding Agenda Item 15 - Consideration and possible action regarding authorizing the reiease of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the release of certain e-mails, and the release of certain letters to the Attorney Generai. Seconded by Councilmember Scott. The motion was approved 5-2 with Counciimembers Barker and Hill opposed. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071; Consultation with attorney to receive legal advice. (Agenda item 15-Consideration and possible action regarding authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the release of certain e-mails, and the release of certain letters to the Attorney General) Council reconvened into Regular Session with action taken Iater in the meeting. � 'I i I 01/23/12 3864 REGONVENE INTO OPEN SESSION �'Councilmember Hill moved to make public the report from the investigator known as the Kimmons Report related to the incident in the Friendswood City Hali on September 12, 2011, involving Councilmember Brown and a City employee and also make pubiic the emails between Councilmember Brown and the City Attorney regarding these issues including the letters that were written to the Attorney General. Seconded by Councilmember Barker. Councilmember Hill stated there have been a Iot of questions from the public as to why Councilmember Brown was sanctioned by the Council and why she was removed from her liaison positions. By releasing this report, anyone can see that Councilmember Brown's conduct was not becoming that of an elected official and, in his opinion, she overstepped her boundary by influencing the City Attorney on how to write a letter to the Attorney General. Councilmember Brown is aiways up for transparency in government and the public's right to know except when it comes to her. She does not like to go into Executive Sessions but it did not take her Iong to get back to the room tonight. He stated he thinks the people have a right to know about these issues. Counciimember McGinnis stated with great respect to Councilmember Hill, he thinks this is a bad idea. Councii heard ample examples and warnings from the City Attorney in Executive Session that reieasing this is a bad idea, and it diminishes the attorney/client privilege not only for this incident but also for other incidents. In regard to Councilmember Hill's other comments related to Councilmember Brown, with respect he reminded that Councii did admonish Councilmember Brown and then reiterated that admonishment last month. That is now out in the public domain and to make the motion to release all of these just adds fuel to the fire and instead need to get on with City business. He recommended that Council votes against this motion. Councilmember Brown stated there has been a misperception as to her position on this issue. She believes that the Attorney General has ruled that the Kimmons investigation report is confidential and subject to attorney/client work product. She stated she has never been in the habit of going against the City Attorney or the Attorney General when they have ruled on a decision and does not think it is good precedent to do so. Not only will it require that Council goes against the Attorney General and City Attorney, Council knows the request is only to produce some of the documents that the Attorney General has found to be confidential and not subject to disclosure and not all of the documents, if the City is realiy into transparency all of the documents would be produced. She stated she is going to go with Counciimember McGinnis in that she thinks what the people of Friendswood want is for Council to move forward. For her to respond a�y further would be out of personal pride, could respond much further, but has limited those responses to date. She stated she has "sucked it up" on several issues because she thinks that is what is in the best interest of the City and it is her personai belief that the City, the City Staff, and the citizens of Friendswood are better served by Council moving on to real issues than issues that have been played out in the press since August 15, 2011, and to just try to perpetuate issues that do not do anybody any good and can only hurt the City if the detail she takes with issues is really gone into. She is trying not to go there. She further stated she has reached out to Councilmember McGinnis, has had a meeting with Staff and the City Attorney, and has tried to get the City to a place where they can move forward with real issues such as street and road infrastructure. One of the things that occurred to her as she listened to Father Skip Negley is that she needs to have the discipline of restraint and all know that her nature is not restraint and that is where she is standing. She will not be voting on this decision, she does believe that Executive Session on an item that is specifically noticed is appropriate but she would prefer to have the discussion publicaliy. Counciimember Brown left Council Chambers at 10:39 PM and retumed at 10:52 PM. � 01/23/12 3865 Councilmember Scott stated not to side with anyone but to make public that it was the advice of the City Attorney that the documents not be released. He stated he has concerns and issues that if these i documents are released that all of the documents will be released and that may be against the will of some Staff. It is his opinion that releasing these documents will not be in the best interest of Staff. He thinks that Councilmember Brown's behavior has been admonished both publically and privately and he does not think that it will change things, and neither will releasing these documents. He further stated he has concern over some members of Staff who have documents that are also part of the investigation and may not want those documents released and those Staff do not have the opportunity to go into Executive Session and give their opinions. He stated he will not support the release of the documents. Councilmember Enochs stated many of the Councilmembers ran on open and transparent government and this investigation was paid for by the taxpayers so the taxpayers should get to see the product. However, an Open Records Request was made and the Attorney General has ruled that the information shouid not be released, the City Attorney has agreed, and that is the basis on which he will make a decision. Councilmember HiII stated the investigation cost the taxpayers $2,500, countless hours of legal billing, and Councilmember Brown cannot abide by any rules or boundaries. He further stated she will not vote on this but the Rules of Procedure states that Council has to vote on all issues. She dove out of the Iast meeting so that she did not have to vote on the garbage confract. The reason the City Secretary is not here tonight is because of high blood pressure caused by one Councilmember and does not need to state who it was. Whenever Councilmember Brown is given an answer to any question, Iegal or otherwise, it generates three new questions because she is never satisfied with an answer. She has been looking for corruption in City Hali for four years and cannot find any because there is not any. The longer she looks the more frustrated she gets. He further stated he wants this report released so that the truth will be known. Councilmember Barker stated the Kimmons Investigative Report was not generated by Council or anyone on Gouncil, but was a response to an incident that took place and to make sure that the investigation was �on-biased a third party firm was hired that had nothing to do with the City to investigate a reported incident. He asked the City Attorney if that document represents a non-biased opinion of what happened and a fair representation of a third party, non-interested investigation and City Attorney Arnold Polanco stated the best way he can characterize the report is to state that it serves as the best product of the mission that the investigator was charged with which was seek out the perceptions and the accounts of the incidents that occurred from five separate individuals. To the extent there may be bias in the report � can only be measured by the perception one has of the event and there are differences in the eyewitness accounts. It is the best unbiased report as can possibly be obtained under the circumstances. Mayor Smith stated that it should be self-evident that this issue has a lot of moving pieces and is relatively complicated and he has comments regarding each part of it. It is easiest to start at the subject matter at hand that there is there risk associated with giving this information out to the public and the answer is yes according to the City Attorney. His problem with that is that he believes that the Attorney General's office was influenced by Counciimember Brown in rendering the opinion about her and the subject matter of the report, and is not clear what the most right thing to do is. The Attorney General rendered an opinion that is causing Council to have risk to give it out and his opinion was influenced by the person who does not want it to be given out. Then there is the issue of transparency. He has been bloodied at the head over the last three years by those that are involved politically and particularly those that have been friendly to Councilmember Brown regarding his misuse of Executive Sessions and his characterizations of withholding information from the public. This is an opportunity for all to recognize that issues are often much more complicated than they look on the surface. I ' I I I 01/23/12 3866 He thinks the proof of the pudding of that transparency should be brought forvvard from this experience for all who have questioned and provided innuendo about his integrity that it is not aiways easy to make decisions when the risk associated with hurting people or hurting the City and the public's desire or need to know information is weighed in the balance, would hope that the rhetoric is tamped down and is tempered with more wisdom that should be gained by this particular experience. He stated to him the real issue is being skirted, which is this City Council's treatment of Staff, and to characterize it that it is not a reai issue is one of transference of the real issue on to other things; such as we are wasting our time and need to be talking about streets when in fact this has been a real issue for the last year and a half. Staff is being battered, harassed, threatened, and bullied to the point that they are uncomfortable and are not in a healthy working environment. He suggests that the issue is real and needs to be dealt with but there must be reconciliation associated with it and it does not need to come from Staff but from the other direction. Seeing if those changes take place is the only way to know if there is true reconciliation and to his knowledge to date, they have not. If that is continued to be allowed to be the case, then what is heard tonight and what will be experienced in the near future is nothing more than a public relations effort and is not interested in that. He is interested in transparency and StafPs ability to be able to work with this Council forward. He stated he is looking for proof in the form of action and not words. If Councilmember Brown truly wants to work together with the Staff let her rescind the dozens and dozens of document requests that she has placed upon the Staff in the recent months and weeks and treat people respectfully and not allow for innuendo and suggestion or draw conclusions from information that happen to help with political points. At the end of the day when it comes to this particular issue, he will side on the point of caution as recommended by the City Attorney, but does not like it one bit. it would be his personai preference that the information in the report and the e-mail correspondence be reieased to the public so that they could once and for all make their own objective decision about what is going on. He would ask alI involved to sign written waivers and give the City immunity to give out the information for the public to make up their own mind. He is tired of aII the cloak and dagger associated with what is going on. He stated he is going to agree with what he perceives from the other Councilmembers that it is not right to give out the report from a legal perspective even though that is not what his heart wants him to do. Councilmember Barker stated the easy thing for him to have done tonight is not to show up for this meeting and turn sideways on the issue. He only has four months left on Council but this Council has an obligation to stop Staff from being persecuted by one Councilmember. Council chastised Councilmember Brown again at the last Council meeting and her response was to immediately send e-mails to Staff, taking hvo and a half hours of Staff's by calling a meeting and it alI had nothing to do with anything other than she was trying to get her way. There are Texas statutes on workplace conditions and this is not a very pleasant work place for some Staff members. Staff has told him that rather than fight this, they will resign and leave. Whether they meant it or not is a sad statement that one Councilperson can persecute a Staff to the point that they feel like resigning. The City Secretary's blood pressure is high, cannot prove that it is because of the techniques that are being used on her by Councilmember Brown but has suspicion that it has something to do with it. We have an obiigation to this Staff and is sure Staff members wili begin to leave. Nobody wants to have this conversation in public and the reason for this is because of one Counciiperson's actions that they cannot control. He will withdraw his second so that Council can bring this back at any time they need to again for a second look and keep it on the table. He stated it frustrates him that Councii not taking action allows it to continue and there is no self-regulatory ' mechanism in a particular Councilperson that wiil make them stop on their own. ' `*'Councilmember Barker withdrew the second. '*'*Councilmember Hiii withdrew the motion. Mayor Smith stated the item no longer has a motion on the fioor and will move to the next item on the , agenda. ' 01/23/12 3867 i "Councilmember McGinnis moved to table indefinitely Agenda Item 15 - Consideration and possible ( action regarding authorizing the release of the Kimmons Investigative Report prepared related to the September 12, 2011, incident, the release of certain emails, and the release of certain letters to the Attorney General. The motion died for lack of a second. *"Councilmember Brown moved for Councilmember Brown to retain her appointment positions including but not limited to Homeowner Association (HOA) liaison, Harris County Commissioners Court and alternate liaison positions for the following committees: Keep Friendswood Beautiful, Parks and Recreation Board, Teen Court, Houston-Galveston Area Council (H-GAC) and Bay Area Houston Economic Partnership (BAHEP), to insure January 09, 2072, Council vote complies with the Open Meetings Act, as well as to fill any vacant positions. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Smith and Councilmembers Barker, Enochs, Hill, and Scott opposed. Councilmember Brown stated she made the motion to be able to discuss the issue a little bit. The issue is not that she thinks the majority of Council will vote in favor of the proposition, thinks they have done good work for the HOA's and have made great strides with Harris County by bringing more relationships between them and the City since her service as the liaison. She stated she understands the comments of Councilmembers, will abide by her belief that it is better to use the discipline of restraint but thinks there have been factual misstatements tonight. This issue is because it was not noticed specifically on the agenda January 9, 2012. Section 551.704 was noticed but with only two aspects regarding personnel. In reviewing the issue, it set up a series of facts that have not been seen in any case before. Some of the procedural steps she made to preserve some of the concerns she had. The easy fix would be to vote on the issue in a public meeting with it being noticed and that is what would occur if any action were needed i to be taken to determine if it is voidable and that would make that type of action mute. This is a housekeeping agenda item to allow Council to either remove her from those positions or to maintain her in those positions and not hurt citizens who have benefited from her service to them based on concerns that Councilmembers have with her. She does not care one way or the other, will represent citizens and citizen interests and communicate with citizens who communicate with her. Regardless of the ad hominem attacks she has suffered tonight, she cares about working with the City and has not made any ad hominem attacks about anybody else while sitting on this dais, discusses issues and not everybody has to like the way she discusses them or the issues that she discusses. She would appreciate everyone's vote to stay on liaison for those positions. There are pending negotiations with Harris County on publiclpublic partnerships, and if she is replaced, she hopes the repiacement does better than she has done and continues to push things fonvard. Councilmember McGinnis stated he had hoped to have these comments in Executive Session but he will say them openly. He agrees with Councilmember Barker that nobody wants to discuss this openly, it is very uncomfortable and sends the wrong message to the community and is hurtful. Regarding Mayor Smith's comments, when he left the last Council meeting he regretted that Council had taken this particular action and the way that it was done. It was decided at the last minute to call the question ' immediately. it may have met the letter of the law but it felt sneaky and Council did a disservice to themselves in acting that way. Secondly, this whole environment has been on his mind nonstop since then because he feels like there has been a downward spiral that needs to stop. All of Council needs to pull on the rope in one direction but it requires everyone to swaliow their pride and decide to move forward. He spent three hours Iast weekend with Councilmember Brown trying to express to her outside of this sometimes tense and frustrating environment why her personal modus operandi is sometimes overwhelming to other Councilmembers and City Staff. She explained some of her frustratio�s as well and to her credit, she did reach out to the City Manager and City Secretary about that issue. He invited himself to that meeting and it was a candid discussion. There are hurt feelings and reputations all around ' but at least getting the thoughts out in the open resulted in some ways in which she can get her requests i fulfilled, albeit not right away. 01/23/12 3868 His goal in reinstating her back to the Iiaison position is to get back to normal. Councilmember Brown has been admonished publically twice. Let us be done with that and get back to City business. Let us offer an attitude of goodwill and understand that human nature is imperfect with miscommunications, tempers, and misunderstandings, and wouid ask for all to please take a deep breath and give it one more try for Councii to pull on the rope in the same direction. Councilmember Scott stated the decision to remove Councilmember Brown from her positions was one that this Council decided in Executive Session. It was not done haphazardly or Iightheartedly but was done because Council felt it was the last and only repercussion Council had. Mayor Smith spoke i�to the record that the formal decision was taken publicly at the dais, the personnel matters were discussed in Executive Session. Gounciimember Scott stated Council has spent countless hours in meetings discussing things that are of zero importance to Friendswood. He was hoping that by making this step it would help get everyone on the same page and focus on what is important for the City, which is the City business. Enough of ail of this that is going on. He does not think that anybody on this Council would do the kind of service for the Homeowners Associations that Counciimember Brown has done. Councilmember Scott suggested tabling this item and bring it up if need be at a later date. Mayor Smith stated if you ask for a motion to table it will preclude anyone from making other comments until that vote is taken and was that his intention. Councilmember Scott stated he will retract that until he hears others comments. Councilmember Barker asked if this is needed, was the process Iegal at the last Council meeting, and did it take care of the issue. City Attorney Arnoid Polanco stated he was satisfied then and is satisfied today that the law was complied with. Mayor Smith stated Council made a decision at the last meeting and does not believe there was ambiguity and went beyond what was necessary about why it was being done. It is one of the very few things Council could do to send a message and believes that was very clear. However, great pains have been taken to make a case for all of the great work that has been done. One must be careful about what is said. He knows the intention was good but when a citizen states that nobody has ever reached out to the Homeowners Associations before, has been up there for nine years and his first job as a Counciimember was Homeowners Association (HOA) liaison and went to every HOA meeting that year, did not hold quarterly or semi-annual meetings for them to come talk to him, he went to every one of their meetings to talk to them. It is not a fair comparison. There are opportunities to let those things lie and think objectively about where it is and will give an objective opinion about what is going on. He stated to Councilmember Brown that he believes she has taken her position as HOA liaison too far, has amassed a monstrous database of e-mail connections with HOA meetings and all of the e-mails that she has sent out to them has been her opinion about what is going on with this Council and their interactions with HOA's. He has seen the e-mails and the HOA's are taking that what she is teliing them is the truth but much is her editorializing or opinion about what is going on. She has blasted both Council and Staff in those e- mails and that is unacceptable. Councilmember Brown has done some great things for the HOA's but they are no greater than those who came before her. They laid the groundwork for what she is able to do. It is not a "one person does aII" or"one person is better than anothe�". This is a cumulative effort of reaching out to the community but she has gone too far and it has become politicized. He has issues with the action she has taken but has no issue with HOA's getting together but that is not a Councilperson's job. The liaison is the eye and ears of Councii, not the spokesperson for Council, or the HOA or the Parks and Recreation Board but to bring back to Council what is going on and that is not what is taking place with the HOA's. He stated he is not interested in tabling but wants to put it to bed and bring it up again when there is a change of heart and action. 01/23/12 3869 � Counciimember Brown stated citizens are entitied to their positions. If public comments were made that ; offended some Councilmembers, that is what those citizens believe, and did not speak to anyone today about their comments. She cannot be responsibie for the public's comme�t. There have been a lot of people who started the quarterly forums that have gone before her to show support for HOA's. With respect to e-mails lists or addresses, those addresses are available to anybody who deais with the City, is on the web link as a public record. She, with the help of Administrative Assistant Sharon Parks until a couple of months ago, has helped to update the list. Some have contacted her and asked to be included. HOA networking will continue through her and she will continue to reach out to Harris County. The vote has problems, does not agree with the City Attorney and so she wants to point out the statute to make the public aware. The statute states one may go into a closed meeting for personnel matters to deliberate a list of items. Those are the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. The only thing on the agenda was duties and assignments and nothing about discipline, dismissal, or appointments and so it was limited by the text. Council has always voted for appointed positions and is hearing today that the intent was discipline and that it was discussed in Executive Session. All that is needed to move forward is to appoint someone to those vacant positions since Council is not inciined to maintain her in those positions. The HOA representatives are questioning her who their current liaison will be. Need to know who will serve in these positions. Councilmember Hill called the question. Mayor Smith made a point of order for clarification. Council's Rules of Procedure as defined by Robert's Ru/es of Order state that an item cannot be brought back up for 90 days after the initial presentation except in situations to where the ruling majority of that item wants it to be brought back up. He does not believe that Councilmember Brown has the standing to bring the motion to the floor for a vote because it was aiready decided on and voted on and she was not in the majority vote. � City Attomey Arnold Polanco read from the Rules of Procedure, stating "when an ordinance, resolution, I motion, or other measure of any sort has been placed before the Council and defeated, the same identical question shall not again be considered by Council until 90 days have elapsed". He stated the question for the Gouncil to weigh in on is whether what is on the table now is the same identical question that was voted on. Mayor Smith stated this was not a motion that was defeated, but a motion that was approved and therefore, the motion and the second is appropriate. ', Councilmember Brown made a point of order that the second portion of the motion, which was to fill any vacant positions, did not receive a vote. Mayor Smith took an individual vote of each Councilmember as to their understanding of the motion as one motion and one vote, and overruled Councilmember Brown's point of order. ACTION ITEM '*Councilmember McGinnis moved to approve to give direction to Staff to investigate and eventually � establish a common, secure, and online repository for various documents and presentations, for ease of access for Councilmembers and Staff of the City of Friendswood. Seconded by Councilmember Scott. Councilmember McGinnis presented an example of a SharePoint file system and discussion ensued between the Mayor, Council and City Manager. i 01/23/12 3870 Councilmember Barker left the Cou�cil Chambers at this time. *"Councilmember McGinnis amended the motion to direct Staff to research a common, secure, and online repository for various documents and presentations, and to return to Council with options. Seconded by Councilmember Scott. The motion failed 3-3 with Mayor Smith and Councilmembers, Enochs and Hill opposed and Councilmember Barker absent for the vote. RESOLUTION *'Counciimember Scott moved to approve Resolution R2012-01 -A Resoiution of the City Council of the City of Friendswood, Texas, amending Rules of Procedure for the conduct of City Councii meetings by amending Rule 1 in order to implement time limits for meetings of City Council, amending Rule 14, for clarification purposes and adding Rule 22 concerning management of Staff assignments; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Hill. The motion was approved 4-2 with Councilmembers Brown and McGinnis opposed and Councilmember Barker absent for the vote. "*Councilmember McGinnis moved to amend the motion to remove Rule 1 from the motion. Seconded by Councilmember Brown. The amended motion failed 3-3 with Mayor Smith and Councilmembers Hiil, and Scott opposed and Councilmember Barker absent for the vote. Lengthy discussion ensued between Mayor Smith and Council regarding the need for more than one Councii meeting a month and starting the meetings at 4:30 PM. `"*`Councilmember Brown moved to amend the motion to strike Rule 22. The amended motion died for lack of a second. "*`*Councilmember McGinnis amended the motion to add, "routine communication is not considered as an assignment. For example: email and phone calis"as a sentence to Rule 22. Seconded by Councilmember Brown. The amended motion failed 2-4 with Mayor Smith and Councilmembers Enochs, Hiil, and Scott opposed and Counciimember earker absent for the vote. Discussion was held between Mayor, Council and City Attorney regarding proposed Rule 22 of the Council Rules of Procedure. ORDINANCE '*Councilmember Hill moved to approve the Second and Final reading of Ordinance 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 ruies and regulations goveming adjustments of water usage bills due to defects in customer lines, and adjustments of water usage bills due to unusual and inexplicably large usage; providing for a penalty of an amount not to exceed $500 per violation; and providing for severability. Seconded by Councilmember Scott. The motion was approved 6-0 with Councilmember Barker absent for the vote. COMMUNICATIONS FROM THE MAYOR SMITH AND COUNCILMEMBERS Mayor Smith and Councilmembers Barker, Hill, and Scott stated they have no report. I 01/23/12 3871 I Councilmember Brown read a statement regarding her meeting with Staff and the January 9, 2012, � meeting. She stated she reflected on the type response appropriate at this time given the meeting on � January 9, 2012, and the events leading up to that meeting. The votes relating to liaison positions do not affect her but affect those who have benefited by the work that was done. She is concerned that there is now a vacant position as the Homeowners Association Liaison and the Harris County Commissioner Liaison. She will always be available to anyone. Mayor Smith made a point of order by stating he thinks Councilmember Brown is giving opinions about an important item that has already been discussed this evening as opposed to facts about things or innocuous information and is not appropriate for this area of the agenda. He asked Councilmember Brown to limit her comments to factual information and not opinion or editorializing, Councilmember Brown objected to the point of order. Councilmember Brown's objection was denied 4-2 with Councilmembers Brown and McGinnis opposed and Councilmember Barker absent for the vote. Councilmember Brown stated she had a meeting with the City Manager, City Secretary, and City Attorney on Tuesday, January 17, 2012. Councilmember McGinnis also joined them. There was a candid conversation and corrected some misperceptions and misunderstandings. We acknowledged that there may have things that can be done better by ail and will endeavor in the future to heed the lessons they have learned and to further the information the City Attorney provided. She thanked the City Attorney for providing the information and recognized that it may not have been known to all City officials. She thanked Councilmember McGinnis for meeting with her. Councilmember McGinnis attended the Staff meeting and played a valuable in helping to facilitate the conversations. Benjamin Franklin has said "To be humble to superiors is duty, to equals; courtesy, to inferiors; nobleness". She believes the public wants that factual information in the public domain. Her goal since the October 17, 2011, Council meeting and today is to try to restore that focus and to use the discipline of restraint going fonvard. She has censored her statement significantly to comply with the vote that was just made. She stated that her sentiments stated fully would have been more appropriate and would have gone a long way with the discussion City Staff had. There was a discussion about a joint statement that could not get to. She thanked the Forest Bend Homeowners Association (HOA) for donating the room for the HOA chat, and thanked everyone who participated in the Keep Friendswood Beautiful tree give away. She commended Keep Friendswood Beautiful and other committees for using different methods of communication to get information to the public. Counciimember Enochs thanked Library Director Mary Perroni and the library Board members for the excellent product they gave tonight and for the five-year plan. Councilmember McGinnis offered Happy Birthday wishes to Councilmember Hill. CONSENTAGENDA � 'Councilmember Scott moved to approve the Consent Agenda as presented. A. Authorize acceptance of natural gas emergency generators for Fire Stations No. 1 and 2, for the contractor's one-year maintenance period. B. Authorize acceptance of the Animal Control Facility for the contractor's one-year maintenance period. C. Approve the endorsement for the appointment of a new Director to the Board of Directors of the Harris-Galveston Subsidence District to replace Mr. Russ Furley, whose term expires January 31, 2012. Seconded by Councilmember Hill. The motion was approved 6-0 with Councilmember Barker absent for the vote. 01/23/12 3872 The meeting was adjourned at 11:58 PM. � Mayor Dav�J. . Smith F�t�qrC) p� S� ��1�b \ �' � � � Melinda Welsh, TRMC � City Secretary � � sA�A� O� ���Py I