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City of Liberty City Council Regular Meeting Agenda Nov. 12

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Posted: Saturday, November 10, 2012 8:35 am

Monday, November 12, 2012

The City of Liberty City Council

Regular Meeting ~ Agenda ~

6:00 PM

1829 Sam Houston Liberty, TX 77575

www.cityofliberty.org

Dianne Tidwell City Secretary (936) 336-3684

City Council Chambers

I.

II. III. IV.

V. A.

VI.

THE City Council of Liberty, Texas reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551 of the Texas Government Code.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ACKNOWLEDGEMENT OF GUESTS AND VISITORS / PUBLIC COMMENT

Public Comment is reserved for members of the public who would like to address the City Council regarding agenda and non-agenda items. Please be aware that, under Texas Law, the Council may not deliberate or take any action during Citizen's comments for items not on the agenda. In some situations, City Staff may be able to respond to the public comment with a factual statement or clarification. The City Council may have the item placed on a future agenda for action or refer the item to Management and Staff for study or conclusion.

PRESENTATIONS / REPORTS Information Item (ID # 2557)

Various Project Updates - City Mgr. Gary Broz

CONSENT AGENDA

All consent items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, and if such a request is made, the item will be removed from the Consent Agenda and considered in a normal sequence on the agenda.

Attendee Name

Present

Absent

Late

Arrival

Mayor Carl Pickett

Councilperson Diane Huddleston

Councilperson Dennis Beasley

Councilperson Frank Jordan

Councilperson Louie Potetz

Councilperson Libby Simonson

Councilperson David Arnold

City Council Page 1 Printed 11/9/2012

Regular Meeting

A. Minutes Approval

Agenda

November 12, 2012

1. 2. 3.

Tuesday, September 04, 2012 Tuesday, October 09, 2012 Tuesday, October 23, 2012

VII. REGULAR AGENDA

A. Regular Session

1. Council Action (ID # 2560)

Ms. Betsy Glover to Address Council Regarding Issues and Concerns in the Whittington Subdivision, and Take Any Action Deemed Necessary.

2. Council Action (ID # 2558)

Consider Approval of Administrative Services for the Texas Community Development Block Grant Program, Contract No. 712054 for Planning/Capacity/Building Projects, and Take Any Action Deemed Necessary.

 TXCDBG Contract 712054 (PDF) 3. Council Action (ID # 2559)

Consider Approval of Administrative Services for the Texas Community Development Block Grant Program, Contract No. 712191 for Sewer Improvements on Layl Drive, and Take Any Action Deemed Necessary.

 TXCDBG Contract 712191 (PDF) 4. Council Action (ID # 2561)

Receive Hotel Market Study, and Take Any Action Deemed Necessary.

5. Council Action (ID # 2562)

Consider Award of AC Bids for the Geraldine D. Humphreys Cultural Center, and Take Any Action Deemed Necessary.

6. Council Action (ID # 2563)

Consider Award of Bids for Substation Construction for Boomerang Tube, LLC, and Take Any Action Deemed Necessary.

B. Executive Session

Personnel Matters. Gov. Code 551.074 - Deliberation regarding appointment of a public official.

1. Possible Interviews with candidates for the position of Municipal Court Judge. 2. Discuss and consider candidates for the position of Municipal Court Judge.

Consultation with Attorney. Gov. Code §551.071 1. Discussion of pending litigation.

City Council Page 2 Printed 11/9/2012

Regular Meeting Agenda November 12, 2012

C. Reconvene into Regular Session

1. Council Action (ID # 2564)

Consider and Take Action, If Any, on the Appointment of a Municipal Court Judge.

VIII. ADJOURNMENT A. Motion To: Adjourn

CERTIFICATION

I certify that the attached Notice of Meeting was posted on the bulletin board and in the Message Centers located on the east and west sides of the City Hall Administration Building, located at 1829 Sam Houston on the 9th day of November, 2012 at 5:00 p.m. This notice will remain so posted continuously for at least 72 hours preceding the scheduled time of said meeting in accordance with Chapter 551 of the Texas Government Code.

_________________________________ Dianne Tidwell, City Secretary

NOTICE

In compliance with the Americans with Disabilities Act, the City of Liberty will provide reasonable accommodation for persons attending and/or participating in this Council Meeting. To better serve you, requests must be made at least 24 hours prior to the meeting. Contact the City at (936) 336-3684 or by Fax at (936) 336-9846. The building is wheelchair accessible, with parking available, on the west side of the building.

I certify that the attached Notice and Agenda of items to be considered by the City Council was removed by me from the bulletin board at the City Hall on the ________ day of ____________________, 2012.

City Council Page 3 Printed 11/9/2012

.

The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

INFORMATION ITEM (ID # 2557)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Reports

DOC ID: 2557

Packet Pg. 4

5.A

6.A.1

Tuesday, September 4, 2012

The City of Liberty City Council

Special Called Meeting ~ Minutes ~

6:15 PM

1829 Sam Houston Liberty, TX 77575

www.cityofliberty.org

Dianne Tidwell City Secretary (936) 336-3684

City Council Chambers

I.

II.

III.

CALL TO ORDER

Attendee Name

Title

Status

Arrived

Carl Pickett

Mayor

Present

Diane Huddleston

Councilperson

Present

Dennis Beasley

Councilperson

Present

Frank Jordan

Councilperson

Present

Louie Potetz

Councilperson

Present

Libby Simonson

Councilperson

Present

David Arnold

Councilperson

Present

Gary Broz

City Manager

Present

Dianne Tidwell

City Secretary

Present

Randy Gunter

City Attorney

Present

A.

B.

ACKNOWLEDGEMENT OF GUESTS AND VISITORS / PUBLIC

COMMENT

Mayor Pickett welcomed guests and visitors, opening the floor for public comment to those individuals wishing to address the Council. There were no comments.

REGULAR AGENDA

Executive Session

JOINT EXECUTIVE SESSION WITH THE LIBERTY COMMUNITY DEVELOPMENT CORPORATION BOARD OF DIRECTORS.

Deliberation Regarding Real Property. Gov. Code §551.072 Consultation with Attorney. Gov. Code §551.071

1. Discussion to deliberate the purchase, exchange, lease, or value of real property for the Proposed Street Extension Project.

At 6:18 p.m., Mayor Pickett closed the open meeting and opened the Executive Session as authorized above.

Reconvene into Regular Session

At 7:07 p.m., Mayor Pickett closed the Executive Session and reconvened the open meeting.

1. Council Action 2012-90

City Council

Page 1 Printed 9/19/2012

Packet Pg. 5

Minutes Acceptance: Minutes of Sep 4, 2012 6:15 PM (Minutes Approval)

6.A.1

Special Called Meeting Agenda September 4, 2012

Consider and Take Action, If Any, on the Purchase, Exchange, Lease, or Value of Real Property for the Proposed Street Extension Project.

COMMENTS - Current Meeting:

Motion was made to authorize the City Manager to proceed with the acquisition of donated easements and obtain deeds for right of way for the street extension project.

2. Public Hearing (ID # 2501)

Public Hearing on the Proposed Tax Rate Fiscal Year 2012-2013.

COMMENTS - Current Meeting:

At 7:10 p.m., Mayor Pickett opened the public hearing on the proposed tax rate for FY 2012- 2013. Brief discussion was held regarding the effective rate, the rollback rate, and the current tax rate of $0.5900 per $100 valuation, which is also the proposed rate for the new fiscal year.

At 7:11 p.m., Mayor Pickett closed the public hearing.

IV. WORK SESSION 1. Work Session (ID # 2502)

Discuss Changes to the Proposed Budget for Fiscal Year 2012-2013.

COMMENTS - Current Meeting:

Mr. Broz discussed changes to the proposed budget to include funds of $22,630 for an air conditioning maintenance contract with ABM Building Services, approved by Council at the previous meeting. Mr. Broz reported that the departmental budgets have been amended to include a maintenance line item for this expenditure. Also discussed was the change in the garbage fund to reflect the 1.9% increase in the CPI as exercised by Waste Management, pursuant to their contract, which will be passed to the customer. This increase will raise the garbage fund revenue by $2,236.

Mr. Broz reported that at the Employee Christmas Party and Appreciation Dinner, employees will receive a one-time 3% adjustment of their base salary. Also discussed were sales tax revenues, loss of Fire Department and other personnel, proposed Interlocal Agreement with Liberty County, updating various City rates and fees, and other related topics.

V. ADJOURNMENT Motion To: Adjourn

COMMENTS - Current Meeting:

There being no further business before the Council, the meeting was adjourned at 7:41 p.m.

.

City Council Page 2 Printed 9/19/2012

RESULT: APPROVED [UNANIMOUS]

MOVER: Dennis Beasley, Councilperson

SECONDER: Libby Simonson, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

Packet Pg. 6

Minutes Acceptance: Minutes of Sep 4, 2012 6:15 PM (Minutes Approval)

Special Called Meeting

Agenda

6.A.1

September 4, 2012

Printed 9/19/2012

Carl Pickett, Mayor

ATTEST:

____________________________ Dianne Tidwell, City Secretary

City Council

Page 3

Packet Pg. 7

Minutes Acceptance: Minutes of Sep 4, 2012 6:15 PM (Minutes Approval)

6.A.2

Tuesday, October 9, 2012

I. CALL TO ORDER

II. INVOCATION

The City of Liberty City Council

Regular Meeting ~ Minutes ~

6:00 PM

1829 Sam Houston Liberty, TX 77575

www.cityofliberty.org

Dianne Tidwell City Secretary (936) 336-3684

City Council Chambers

Attendee Name

Title

Status

Arrived

Carl Pickett

Mayor

Present

Diane Huddleston

Councilperson

Present

Dennis Beasley

Councilperson

Present

Frank Jordan

Councilperson

Present

Louie Potetz

Councilperson

Present

Libby Simonson

Councilperson

Present

David Arnold

Councilperson

Present

Gary Broz

City Manager

Present

Dianne Tidwell

City Secretary

Present

Randy Gunter

City Attorney

Present

The Invocation was given by Liberty County District Attorney Mike Little.

III. PLEDGE OF ALLEGIANCE

The Pledge to the American and Texas flags was led by Fire Chief Fred Collins.

IV. ACKNOWLEDGEMENT OF GUESTS AND VISITORS / PUBLIC COMMENT

Public Comment is reserved for members of the public who would like to address the City Council regarding agenda and non-agenda items. Please be aware that, under Texas Law, the Council may not deliberate or take any action during Citizen's comments for items not on the agenda. In some situations, City Staff may be able to respond to the public comment with a factual statement or clarification. The City Council may have the item placed on a future agenda for action or refer the item to Management and Staff for study or conclusion.

Mayor Pickett welcomed guests and visitors, opening the floor for public comment to those individuals wishing to address the Council. There were no comments from the audience.

Mayor Pickett reported that the Senior Citizens were now having congregate meetings at Heights Baptist Church, the program is running well, but volunteers are always needed. Mayor Pickett also encouraged participation at the annual Trinity Valley Exposition and Rodeo.

Councilperson Jordan, a member of the Gulf Coast Economic Development District, reported on possible Houston-Galveston Area Council low interest rate loans to public entities. This Board provides oversight to H-GAC's economic development planning programs in the Gulf Coast planning region. Councilperson Jordan stated that according to Chuck Wemple, H-GAC Economic Development Program Manager, that the offering of these loans are in the approval process, and with a balance of $7 million in that fund, it is anticipated that these loans may be in the amount of $400,000 - $500,000.

City Council Page 1 Printed 11/9/2012

Packet Pg. 8

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.2

Regular Meeting Agenda October 9, 2012

V. PRESENTATIONS / REPORTS A. Information Item (ID # 2520)

Various Project Updates - City Manager - . G. Broz

COMMENTS - Current Meeting:

City Manager Gary Broz reported on the status of various City projects to include:

1) Airport gas availability and hangars, 2) closeout paperwork for the SCADA, 3) ROW papers being drawn up for street extension project, 4) TCEQ SEP Program complete, with 42 new residential sewer lines installed, 5) update on various grants, 6) review of unaudited funds, working on year end close out, 7) Senior Citizen Program working well, and 8) preparing for construction of the new Police Department facility.

B. Information Item (ID # 2521)

Recycling Report - Councilperson Huddleston

COMMENTS - Current Meeting:

Councilperson Huddleston reported that the next community Shred-It event is to be held on Saturday, October 20th from 9 a.m. until Noon, on the parking lot of the City Hall Administration Building.

VI. CONSENT AGENDA

All consent items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, and if such a request is made, the item will be removed from the Consent Agenda and considered in a normal sequence on the agenda.

RESULT: APPROVED [UNANIMOUS]

MOVER: Dennis Beasley, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

A. Minutes Approval

1. 2.

Tuesday, September 11, 2012 Tuesday, September 25, 2012

City Council

Page 2

Printed 11/9/2012

Packet Pg. 9

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.2

Regular Meeting Agenda October 9, 2012

VII. REGULAR AGENDA

A. Regular Session

1. Public Hearing (ID # 2526)

Public Hearing on the Condemnation of the Structure Located at 1917 Jefferson Drive.

COMMENTS - Current Meeting:

At 6:14 p.m., Mayor Pickett opened the Public Hearing on the condemnation of the structure located at 1917 Jefferson Drive. After review of the Power Point presentation regarding the condition of this structure, the City Attorney Randy Gunter directed questions to Code Enforcement Officer Robbie Hood regarding the structure being identified as a hazard/nuisance and being in a state of dilapidated/substandard condition. Mr. Hood reviewed the assessed value of the structure, the tax status, and confirmed that the structure had been inadequately maintained. Mr. Hood further reported that the structure Is not in compliance with the City's Code and is a hazard to the health and/or safety of the general public. Mr. Gunter also confirmed with Mr. Hood that the City had inspected the County real property records, and other applicable records, to assure that proper notice of the condemnation process had been provided to all parties involved. Mr. Hood recommended that the property owner be given 90 days to comply with the order of demolition, and at such time the demolition is not competed within the allotted time period, the City will move forward with demolition proceedings. Further discussion was held with the property owners in which they expressed intent to sell the property, possibly having a buyer for the property in question. Council consensus was to allow the property owners 90 days to complete their transaction, at which time the structure will come before Council, at the January Meeting. Mayor Pickett closed the Public Hearing at 6:30 p.m.

ATTACHMENTS:

 PH 1917 Jefferson (PDF) 2. Council Action 2012-100

Consider an Order of Abatement for the Structure Located at 1917 Jefferson Drive, and Take Any Action Deemed Necessary.

ATTACHMENTS:

 Order of Abatement 1917 Jefferson (PDF)

3. Resolution 2012-15

Consider a Resolution Adopting the Houston-Galveston Area Council Regional Hazard Mitigation Plan, 2011 Update.

COMMENTS - Current Meeting:

Fire Chief Fred Collins reported that the H-GAC Hazard Mitigation Plan identifies regional hazards and vulnerabilities, and includes numerous mitigation projects that could be implemented within our region. This plan is important as it is a specific requirement that any local government must have this document when applying for federal mitigation grant funding. The plan expired during April 2011 and H-GAC has worked with emergency management coordinators to revise the plan and identify new projects. H-GAC has received acknowledgement of "approvable pending adoption" status. Chief Colllins stated that H-GAC is working with the 78 jurisdictions in the area to formally adopt the 2011 Plan Update.

City Council Page 3 Printed 11/9/2012

RESULT: NO ACTION TAKEN

Packet Pg. 10

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.2

Regular Meeting Agenda October 9, 2012

Motion was made to approve the Resolution.

4. Council Action 2012-101

Consider a Nomination to the Liberty County Central Appraisal District Agricultural Advisory Board.

COMMENTS - Current Meeting:

Motion was made to nominate Mr. Fredrick Freeman to the Liberty County Central Appraisal District Agricultural Advisory Board.

ATTACHMENTS:

 CAD Ag Board 2012 (PDF)

5. Council Action 2012-102

Consider a Nomination to the Liberty County Central Appraisal District Appraisal Review Board.

COMMENTS - Current Meeting:

Motion was made to nominate Mr. Bill Brackin to the Liberty County Central Appraisal District Appraisal Review Board.

ATTACHMENTS:

 CAD Appraisal Rev Brd 2012 (PDF)

6. Ordinance 2012-8

Consider Adoption of an Ordinance Denying the CenterPoint Energy Rate Increase as Filed in a Statement of Intent on July 2, 2012.

COMMENTS - Current Meeting:

Mayor Pickett read the caption of the Ordinance into the record as follows:

"AN ORDINANCE BY THE CITY OF LIBERTY, TEXAS ("CITY") DENYING THE RATES OF CENTERPOINT ENERGY RESOURCES CORP. FILED IN CENTERPOINT ENERGY RESOURCES CORP.'S RATE PROCEEDING INITIATED ON JULY 2, 2012; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; DECLARING AN EFFECTIVE DATE; AND DISPENSING WITH THE REQUIREMENT OF SECTION 3.10 OF THE HOME RULE CHARTER THAT THIS ORDINANCE BE READ ON TWO SEPARATE DAYS."

City Council Page 4 Printed 11/9/2012

RESULT: APPROVED [UNANIMOUS]

MOVER: Dennis Beasley, Councilperson

SECONDER: Frank Jordan, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

RESULT: APPROVED [UNANIMOUS]

MOVER: Diane Huddleston, Councilperson

SECONDER: Frank Jordan, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

RESULT: APPROVED [UNANIMOUS]

SECONDER: Dennis Beasley, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

Packet Pg. 11

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.2

Regular Meeting Agenda October 9, 2012

City Manager Gary Broz reported attendance at a stakeholders meeting in which information was received regarding other entities/partners opposing the proposed rate increase. Mr. Broz reviewed CenterPoint’s proposed revenues from the rate increase, the areas affected, and relayed that the majority of these funds will go toward funding employee pensions and benefit plans, rather than infrastructure needs. Mr. Broz recommended denial of the $8.00 a month increase to the basic charge, to residential gas customers.

Motion was made to adopt the Ordinance as presented, supporting denial of the CenterPoint rate increase.

7. Council Action 2012-103

Consider an Interlocal Agreement Between the City and Liberty County Precincts 1 and 2 for the Maintenance of Streets, Roads, Ditches and Recreational Areas, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

Mr. Broz stated that he had changed the Interlocal Agreement, with Liberty County Precinct #1 for the maintenance of streets, roads, ditches and recreational areas, to include County Precinct #2. Mr. Broz reported that Precinct #2 enters the City on the north side of town and would like to also work with this precinct in exchanging resources. Discussed were various tasks in which both entities previously worked together to provide the other with necessary equipment to complete a project.

Motion was made to approve the Interlocal Agreement with Liberty County Precincts #1 and #2.

At 6:58 p.m., Mayor Pickett called for a brief recess, reconvening the meeting at 7:03 p.m.

ATTACHMENTS:

 Interlocal with Precincts 1 & 2 (DOCX)

8. Council Action (ID # 2530)

Presentation by Mr. Jeff Gerber, PGAL, on the Proposed Police Department Facility, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

Mr. Jeff Gerber, PGAL President, Architects for the new Police Department facility, made a presentation regarding an update of the design and construction of the structure. Mr. Gerber discussed and reviewed the floor plan and finishes for the inside, which consists of

City Council Page 5 Printed 11/9/2012

RESULT: ADOPTED [UNANIMOUS]

MOVER: Frank Jordan, Councilperson

SECONDER: Dennis Beasley, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

RESULT: APPROVED [UNANIMOUS]

MOVER: Dennis Beasley, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

Packet Pg. 12

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.2

Regular Meeting Agenda October 9, 2012

B.

C.

approximately 9,950 square feet, being energy efficient and as “green” as budgetary constraints allow. Also discussed was the outdoor layout of the area, to include parking, utilizing existing driveways, using materials complimentary to the Fire Station, and external lighting. Mr. Gerber reported on the competitive sealed proposal methodology which is a combination of bids and submission of qualifications. This process allows for the best price and quality in contractor selection resulting in the ability to choose a contractor that has possibly built these type structures before, at the best price. Budget for this project is $2.5 million.

At this time, Mayor Pickett reopened Public Comment to allow Mr. Perry Ealim to discuss partnering with the City on economic and business development in the City. Mr. Ealim states that he assists others with grant writing to obtain funds for various projects.

Executive Session

Consultation with Attorney. Gov. Code §551.071

1. Contemplated Litigation - Liberty Municipal Library.

At 7:39 p.m., Mayor Pickett closed the open meeting and opened the Executive Session as authorized above.

Reconvene into Regular Session

At 8:44 p.m., Mayor Pickett closed the Executive Session and reconvened the open meeting.

1. Council Action 2012-104

Consider and Take Action, If Any, on the Items as Discussed in the Executive Session.

COMMENTS - Current Meeting:

Motion was made to authorize the City Manager to conduct testing for any defects, not to exceed a cost of $14,000 each with respect to the new and old construction of the Geraldine D. Humphreys Cultural Center.

RESULT: APPROVED [UNANIMOUS]

MOVER: Louie Potetz, Councilperson

SECONDER: Dennis Beasley, Councilperson

AYES: Pickett, Huddleston, Beasley, Jordan, Potetz, Simonson, Arnold

VIII. ADJOURNMENT A. Motion To: Adjourn

COMMENTS - Current Meeting:

There being no further business before the Council, Mayor Pickett adjourned the meeting at 8:45 p.m.

.

Carl Pickett, Mayor

City Council Page 6

Printed 11/9/2012

Packet Pg. 13

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

Regular Meeting

ATTEST:

____________________________ Dianne Tidwell, City Secretary

Agenda

6.A.2

October 9, 2012

Printed 11/9/2012

City Council

Page 7

Packet Pg. 14

Minutes Acceptance: Minutes of Oct 9, 2012 6:00 PM (Minutes Approval)

6.A.3

The City of Liberty City Council

Special Called Meeting ~ Minutes ~

6:00 PM

1829 Sam Houston Liberty, TX 77575

www.cityofliberty.org

Dianne Tidwell City Secretary (936) 336-3684

City Council Chambers

Tuesday, October 23, 2012

I. CALL TO ORDER

II. INVOCATION

The Invocation was passed on.

III. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was passed on.

Attendee Name

Title

Status

Arrived

Carl Pickett

Mayor

Present

Diane Huddleston

Councilperson

Present

Dennis Beasley

Councilperson

Absent

Frank Jordan

Councilperson

Absent

Louie Potetz

Councilperson

Present

Libby Simonson

Councilperson

Present

David Arnold

Councilperson

Present

Gary Broz

City Manager

Present

Dianne Tidwell

City Secretary

Present

Randy Gunter

City Attorney

Present

IV. ACKNOWLEDGEMENT OF GUESTS AND VISITORS / PUBLIC COMMENT

Public Comment is reserved for members of the public who would like to address the City Council regarding agenda and non-agenda items. Please be aware that, under Texas Law, the Council may not deliberate or take any action during Citizen's comments for items not on the agenda. In some situations, City Staff may be able to respond to the public comment with a factual statement or clarification. The City Council may have the item placed on a future agenda for action or refer the item to Management and Staff for study or conclusion.

Mayor Pickett welcomed guests and visitors, opening the floor for public comment to those individuals wishing to address the Council. There were no comments from the audience.

Mr. Broz requested that the regular meeting of the City Council be moved from Tuesday, November 13th to Monday, November 12th. This change in meeting date is due to attendance by several Councilmembers and City Staff at the Texas Municipal League 100th Annual Conference and Exhibition in Grapevine, Texas. Council approved the request.

V. PRESENTATIONS / REPORTS A. Information Item (ID # 2543)

Financial Report - Finance Director N. Herrington

City Council Page 1 Printed 11/9/2012

Packet Pg. 15

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

COMMENTS - Current Meeting:

Finance Director Naomi Herrington reported on the financial report ending September 30, 2012. Ms. Herrington reviewed the various funds, their revenue and expenditure status, with each having additional revenues over expenditures. Ms. Herrington concluded by saying that tax collections were high and that the City had been given a Stable "A" rating by Standard and Poor.

B. Information Item (ID # 2544)

Sam Rayburn Municipal Power Agency Report - Mayor Carl Pickett

COMMENTS - Current Meeting:

Mayor Pickett passed on the SRMPA Report.

C. Information Item (ID # 2545)

Houston-Galveston Area Council Report- Councilperson Jordan

COMMENTS - Current Meeting:

In the absence of Councilperson Jordan, Mayor Pickett passed on the H-GAC report.

VI. REGULAR AGENDA

A. Regular Session

1. Ordinance 2012-9

Consider Adoption of an Ordinance Establishing Rates or Fees Charged by the City of Liberty for the Collection and Disposal of Garbage and Rubbish.

COMMENTS - Current Meeting:

Mayor Pickett read the caption of the Ordinance into the record as follows:

"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIBERTY, TEXAS ESTABLISHING RATES OR FEES CHARGED BY THE CITY OF LIBERTY FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND RUBBISH; THAT ALL PRIOR ORDINANCES ESTABLISHING SUCH RATES OR FEES ARE HEREBY REPEALED; PROVIDING FOR AN EFFECTIVE DATE; AND DISPENSING WITH THE REQUIREMENT OF SECTION 3.10 OF THE HOME RULE CHARTER THAT ALL ORDINANCES BE READ ON TWO SEPARATE DAYS."

This Ordinance increases rates due to the 1.9% increase of the Consumer Price Index, an option available to the City's garbage vendor. This amount is passed through to the customer and increases the customer's monthly bill by 23 cents. The City's garbage and collection monthly fee will increase from $15.63 to $15.86.

Motion was made to adopt the Ordinance.

City Council Page 2 Printed 11/9/2012

Packet Pg. 16

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

2. Ordinance 2012-10

Consider Adoption of an Ordinance Authorizing the Issuance, Sale and Delivery of Approximately $2,670,000 in Aggregate Principal Amount of "City of Liberty, Texas General Obligation Refunding Bonds, Series 2012"; Securing the Payment Thereof by Authorizing the Levy of an Annual Ad Valorem Tax; Approving and Authorizing the Execution of a Paying Agent/Registrar Agreement, a Purchase Contract, an Escrow Agreement, an Official Statement and All Other Instruments and Procedures Related Thereto; and Calling Certain Obligations for Redemption.

COMMENTS - Current Meeting:

Mayor Pickett read the caption of the Ordinance into the record as follows:

"AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF $2,695,000 IN AGGREGATE PRINCIPAL AMOUNT OF "CITY OF LIBERTY, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012"; SECURING THE PAYMENT THEREOF BY AUTHORIZING THE LEVY OF AN ANNUAL AD VALOREM TAX; APPROVING AND AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT, AND ESCROW AGREEMENT, AN OFFICIAL STATEMENT AND ALL OTHER INSTRUMENTS AND PROCEDURES RELATED THERETO; AND CALLING CERTAIN OBLIGATIONS FOR REDEMPTION."

Mr. Dusty Traylor, RBC Capital Markets, was present to review the refunding of the 2004 Certificates of Obligation for construction of the City Hall and Fire Station. Mr. Traylor noted that this refunding replaces a higher interest bond with lower interest bonds, the maturity date is the same, and does not extend the term of the bonds. Mr. Traylor detailed current market interest rates being at an all time low, purchase of municipal bond insurance was not necessary, and the City received a credit rating of "A" with a "Stable Outlook". Due to this refunding, the City has incurred a debt service savings of $293,695.

After further discussion of related issues, a motion was made to adopt the Ordinance.

3. Council Action 2012-105

Consider Change Order No. 3 that Provides for Final Balance of Quantities on the TWDB- CWSRF No. 72124, Contract No. 2, and Take Any Action Deemed Necessary.

City Council Page 3 Printed 11/9/2012

RESULT: ADOPTED [UNANIMOUS]

MOVER: Libby Simonson, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

RESULT: ADOPTED [UNANIMOUS]

MOVER: Diane Huddleston, Councilperson

SECONDER: Libby Simonson, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

Packet Pg. 17

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

COMMENTS - Current Meeting:

Mr. Rick Bourque, Schaumburg & Polk Engineers, was present to review Change Order No.3, which closes out the Texas Water Development Board Loan, Contract No.2 for wastewater system improvements. This contract was for complete rehabilitation of two lift stations on the existing sites(Washington Street and FM 563) and related line work. This action also closes out documents for the grant received from the Texas Department of Agriculture, as part of the Washington Street Lift Station work. This change order was an $855 deduction from the project amount, leaving the total project cost in the amount of $2,491,388.66.

Motion was made to approve Change Order No. 3 to the TWDB-CWSRF No. 72124, Contract No. 2.

4. Council Action 2012-106

Consider Final Acceptance of the TWDB-CWSRF No. 72124, Contract No. 2 Payment and Release of Retainage, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

Mr. Rick Bourque, Schaumburg & Polk Engineers, stated that the Texas Water Development Board requests Council acceptance of the project, prior to releasing any retainage. Acceptance of this project also provides for a Certificate of Construction Completion to the Texas Department of Agriculture for the grant portion of this project.

Motion was made to approve final acceptance of the TWDB-CWSRF No. 72124, Contract No. 2 and release of retainage.

5. Council Action 2012-107

Consider Change Order No. 5 to A&A Electric Company for Water and Wastewater SCADA Under the TDRA Disaster Recovery Project, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

Mr. Rick Bourque, Schaumburg & Polk Engineers, explained that this item is part of the Disaster Recovery Project and relates to the Water & Wastewater SCADA System (Supervisory Control and Data Acquisition) and generators. Mr. Bourque stated that this project is now compete. With approval of Change Order No. 5, this contract will be closed out. Change Order No.5 reflects a decrease in the allowance for the SCADA System, in the amount of $669.70. Final project cost is $1,260,383.75.

City Council Page 4 Printed 11/9/2012

RESULT: APPROVED [UNANIMOUS]

MOVER: Diane Huddleston, Councilperson

SECONDER: Libby Simonson, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

RESULT: APPROVED [UNANIMOUS]

MOVER: Libby Simonson, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

Packet Pg. 18

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

Motion was made to approve Changed Order No. 5.

6. Council Action 2012-108

Consider Approval of Completion of the TDRA Disaster Recovery Project and Release Retainage Including a Release of Lien Form to A&A Electric Company, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

Mr. Rick Bourque, Schaumburg & Polk Engineers, reported that this project is complete and acceptance of the project will allow for documents to be filed with the GLO to release final retainage. This project was for the installation of five generators and the SCADA for the Water and Wastewater System.

Motion was made to release the retainage and accept the project.

7. Council Action 2012-109

Consider Ratifying the LCDC’s Action Regarding a Request for Funds for the Asbestos Removal and Demolition of Structures at the Liberty Municipal Airport, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

City Manager Gary Broz reported that the Liberty Community Development Corporation Board of Directors had reviewed bids and approved funds, in the amount of $18,500, for asbestos removal, demolition, clean-up of the old Red's Bar, now on City property, and the demolition of the house also included on this property recently purchased by the City, as part of the Municipal Airport.

After review of the bid tabulation, a motion was made to ratify the LCDC's action to award the bid to NCM-Houston, in the amount of $18,500.

City Council Page 5 Printed 11/9/2012

RESULT: APPROVED [UNANIMOUS]

MOVER: Diane Huddleston, Councilperson

SECONDER: David Arnold, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

RESULT: APPROVED [UNANIMOUS]

MOVER: Libby Simonson, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

Packet Pg. 19

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

8. Council Action 2012-110

Consider Ratifying the LCDC’s Action Regarding a Request for Funds to Complete the Airport Hangar Project, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

City Manager Gary Broz made a presentation on the status of the Liberty Municipal Airport projects. Mr. Broz stated that there is a 3 foot gap between the hangars and the paving, on three sides, as a result of having two separate contracts (hangar construction and paving). Mr. Broz stated that he is working with TXDOT ro remedy the situation, but if that does not work out, will need funds to bring the paving to the hangar doors on the north, west and east sides. Mr. Broz reported that the LCDC Board of Directors appropriated funds in the amount of $10,000 for this paving (hot mix) to complete the project, if needed.

Motion was made to ratify the LCDC's action to appropriate $10,000 for paving, if necessary.

9. Council Action 2012-111

Consider Award of AC Bids for the Geraldine D. Humphreys Cultural Center, and Take Any Action Deemed Necessary.

COMMENTS - Current Meeting:

City Manager Gary Broz requested that this item be passed on, as the bids came in over budget.

10. Council Action (ID # 2555)

Receive Report from Director Pickett on Possible Sam Rayburn Municipal Power Agency Refunds to Member Cities.

COMMENTS - Current Meeting:

Mayor Pickett, a member of the SRMPA Board of Directors, reported that as a result of an SRMPA refund action, there is $1.2 million to be refunded to member cities, in proportion to their electric usage. The City of Liberty will receive 35% of $1.2 million, being $449,707.18. Mayor Pickett stated that there is the possibility of other refunds from other SRMPA actions that may be taken, and would be in addition to the regular electric refund received in February of each year.

City Council Page 6 Printed 11/9/2012

RESULT: APPROVED [UNANIMOUS]

MOVER: Diane Huddleston, Councilperson

SECONDER: Louie Potetz, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

RESULT: APPROVED [UNANIMOUS]

MOVER: Louie Potetz, Councilperson

SECONDER: Diane Huddleston, Councilperson

AYES: Pickett, Huddleston, Potetz, Simonson, Arnold

ABSENT: Dennis Beasley, Frank Jordan

RESULT: NO ACTION TAKEN

Packet Pg. 20

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

6.A.3

Special Called Meeting Agenda October 23, 2012

B.

C.

City Manager Gary Broz reported that possible use of these funds would be for a Fixed Asset Replacement Program, for vehicles and equipment, and start a building maintenance program.

Mayor Pickett added that SRMPA has not, in recen tyears, offered an economic development rate to businesses of an industrial/manufacturing nature. SRMPA voted to create a rate which is a discount, of approximately 10%-15%, off the rate normally offered to the member cities. The city pays 9 cents a kilowatt hour, the new rate will be 7-8 cents per kilowatt hour and offered to those businesses that use 50,000 kilowatts per hour, and are in a dual certified area.

Executive Session

Personnel Matters. Gov. Code §551.074 - Deliberation regarding appointment of a public official.

1. Interviews with candidates for the position of Municipal Court Judge. 2. Discuss and consider candidates for the position of Municipal Court Judge.

At 6:55 p.m., Mayor Pickett closed the open meeting and opened the Executive Session as authorized above.

Reconvene into Regular Session

At 8:04 p.m., Mayor Pickett closed the Executive Session and reconvened the open meeting.

1. Council Action 2012-112

Consider and Take Action, If Any, on the Appointment of a Municipal Court Judge.

RESULT: NO ACTION TAKEN

VII. ADJOURNMENT Motion To: Adjourn

COMMENTS - Current Meeting:

There being no further business before the Council, the meeting was adjourned at 8:04 p.m.

.

ATTEST:

____________________________ Dianne Tidwell, City Secretary

Carl Pickett, Mayor

City Council

Page 7

Printed 11/9/2012

Packet Pg. 21

Minutes Acceptance: Minutes of Oct 23, 2012 6:00 PM (Minutes Approval)

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2560)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Citizen Issues

DOC ID: 2560

Packet Pg. 22

7.A.1

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2558)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Grants

DOC ID: 2558

Packet Pg. 23

7.A.2

7.A.2.a

Packet Pg. 24

Attachment: TXCDBG Contract 712054 (2558 : Adm Svs TCDB Contract #712054)

7.A.2.a

Packet Pg. 25

Attachment: TXCDBG Contract 712054 (2558 : Adm Svs TCDB Contract #712054)

7.A.2.a

Packet Pg. 26

Attachment: TXCDBG Contract 712054 (2558 : Adm Svs TCDB Contract #712054)

7.A.2.a

Packet Pg. 27

Attachment: TXCDBG Contract 712054 (2558 : Adm Svs TCDB Contract #712054)

7.A.2.a

Packet Pg. 28

Attachment: TXCDBG Contract 712054 (2558 : Adm Svs TCDB Contract #712054)

.

The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2559)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Grants

DOC ID: 2559

Packet Pg. 29

7.A.3

7.A.3.a

Packet Pg. 30

Attachment: TXCDBG Contract 712191 (2559 : Adm Svs TCDB Contract #712191)

7.A.3.a

Packet Pg. 31

Attachment: TXCDBG Contract 712191 (2559 : Adm Svs TCDB Contract #712191)

7.A.3.a

Packet Pg. 32

Attachment: TXCDBG Contract 712191 (2559 : Adm Svs TCDB Contract #712191)

7.A.3.a

Packet Pg. 33

Attachment: TXCDBG Contract 712191 (2559 : Adm Svs TCDB Contract #712191)

7.A.3.a

Packet Pg. 34

Attachment: TXCDBG Contract 712191 (2559 : Adm Svs TCDB Contract #712191)

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2561)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Economic Development Issues

DOC ID: 2561

Packet Pg. 35

7.A.4

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2562)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Bids

DOC ID: 2562

Packet Pg. 36

7.A.5

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2563)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Bids

DOC ID: 2563

Packet Pg. 37

7.A.6

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The City of Liberty

City Council 1829 Sam Houston Liberty, TX 77575

COUNCIL ACTION (ID # 2564)

Meeting: 11/12/12 06:00 PM

Department: Administration Category: Personnel

DOC ID: 2564

Packet Pg. 38

7.C.1

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