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HomeMy WebLinkAbout111212 CC MinThe City of West University Place A Neighborhood CYry CITY Courvca STAFF BobFry,Mayor Mi chael Ross, City Mn,uger Swan Sample Mayor FTo Tem Alan Panov, Ciry Aromey FJ HeaWcolk Councilmember Thel nalsnz, City Scremry Jwn Johnary Ccurcilnremhr Dick Yei Councilmember CITY COUNCIL MEETING MINUTES The City Council of the City of West University Place, Texas, met in a special meeting on Monday, November 12, 2012, in the Municipal Building, 3800 University, West University Place , Texas beginning at 5:45 p.m. Cell to Order. Mayor Fry called the workshop to order at 5:45 p.m. Council and staff in attendance were: Mayor Pro Tom Sample, Councilmembere HeatboWt, Johnson and Yehle, City Manager Ross, City Attorney Petrov, Assistant City Manager/Public Works Director Peifer, City Secretary Lenz, Police Chief Walker, HR Director Standing, and Personnel City Attorney Susan Bickley Workshop agenda Items were as follows: 1. Election Names Matters related to City Elections, including number M polling locations and requirements to publish notices in Vietnamese and Chinese. This Rem was originally second on the agenda, but Council discussed this matter first while waiting on the City's Personnel Attorney to arrive. City Manager Ross, City Attorney Petrov, and Oily Secretary Lenz presented this item. City Manager Ross noted some of the following positives for decreasing the number of polling places: • Reduction in election expenses. • Centralized voting location. • Reduce hardship in soliciting qualdied judges. • No substantial Increase in having to wait in line to vote. In response by Couriolmember Yehle's question, it was confirmed that the decrease in polling places will be for City elections only as the County has jurisdiction over the Whet elections. Councilmember Yehle select that his only concern is that it might cause confusion to have the one location for City locations mile the County continues have the four precinct locations for other elections. He suggested pitching consolidating precincts to the County. City Council Minutes, November 12, 2012 After further discussion, staff advised Council that a decision would need to be made not later Man the meeting of December 10, 2012, so that staff can submit a letter to Me Department of Justice requesting permission to reduce Me number of polling locations to be effective for next May's City election. Council directed staff to draft a Press Release and publicize the matter to get feedback from the residents and bring the results back to Council on December 10, 2012 for further discussion and possible action. Mr. Ross said stag will also request in the regular meeting that Council consider authorizing the City Attorney to request from Me Department of Justice an exemption from having to publish Election notices in Vietnamese and Chinese, which would save the City a considerable amount when publishing legal election notices. The City Secretary said she has never received a request by any one of Asian background to provide assistance in interpreting election information nor has Mere ever been a request for an application in Vietnamese or Chinese. The consensus of Council is for staff to proceed wish requesting exemption from the Department of Justice and formal action giving staff authorization will be taken in Me regular meeting. 2. Personnel Policies and Emolovee Hardback Matters related to proposed personnel policies. City Manager Ross, HR Director Shuman, and the C" Personnel Attorney Susan Bickley, with Blank Rome LLP, presented this item. In response to Mayor Frys question as to how involved should Council be in the Personnel Policies and Employee Handbook, Ms. Bickley responded that her view is Mat City Council's role is to act in a policy posNOn and to understand where Me authority lies with certain policies. She said she reviewed the legal aspects of the policy and updated *am where necessary, as well as included information that would allow flexibility on new laws Mat might come into effect as d relates to the Patient Protection Affordable Care Act ( "Obamacare'). She saitl she also updated legal issues that have become more refined since the last Mention in January 2009, such as sexual harassment, use of the Internet, social media, computer usage, etc. Ms. Mickley said Me revised Handbook also includes new information on other policies, such as telephone recordings and Me Wellness Program. Mayor Fry said from Council's standpoint, Council's role is to say 'yes, the City will have a personnel policy, and yes, you will review it on a periodic basis", but said he is not sure how more in depth Council is to be involved. Mr. Heaft coat said he agrees with the Mayor regarding Council's role and saitl the rest should be left with those in the trenches. Councilmember Johnson asked if staff wants to record a phone call, wouldn't staff have to tell Me person calling that the call is being recorded? Ms. Bickley Mated Mat under Texas law, it is legal W record a phone call as long as one of the bodies is a party to Me phone conversation that is being recorded. Ms. Mickley said she didn't want to slake out too much of a position on recording specifically, because she didn't think it was in the City's best interest to do so, other than to say that any recording that is Iii City Council Morris, November 12, 2012 done would comply with state and federal laws at all times and to put everyone on notice that they are not to have a reasonable expectation of privacy with respect to their use of City equipment. Mayor Fry and Councilmember Johnsen indicated that they were more concerned about the recordings of people calling in to the City. Ms. Bickley said because the Handbook is an employee manual and not for Me public, she removed anything related to the recording of third parties, because it goes beyond the scope of what Me Handbook sets out M do. Mr. Ross said slalf is looking iMO a system that would give incoming colors notice that the call may be monitored or receded. Councilmember Yehle spoke to say he also doesn't believe Council needs to be involved too much into the details and thinks Mat Council has done its due diligence to understand Me process and made sure of legal concurrence, but as far as in the detail area, Mare is a lot of "how to dress at work ", 'punch the clock ", etc., that Council doesn't need to be involved in; however, there are some things that border on compensation and since Council broadly controls compensation there are de facto compensation changes that perhaps Council should consider, such as vacation. Councilmember Yarns said he doesn't have a walking knowledge of how all of the policies work, but he thinks vacation should be taken and not call out. HR Director Standorf sated that employees can only cash out at the time of retirement, with a cap depending on Me number of years. She said the maximum right now for someone with 20 years of service is 320 vacaton hours and said the payroll system is set up so that employees are not allowed to accrue more Man the maximum. Mayor Fry said his problem is that he doesn't want to saddle future Council's with a big financial payout when somebody retires. City Manager Ross said West U is one of the few cities Mat cap and limit vacation accruals to avoid big payouts. Councilmember Yehle said the City$ scroll rate is consistent with what he has seen in other places. City Manager Ross reviewed some of on Me Summary of Changes/Additions to the Personnel Manual and Employees Handbook: • Allowing for employees to work out at CM facilities for A.6- minutes three days a week. • Allowing for Telecommuting (if approved by City Manager). • Allowing for fifth week of vacation for employees with 20 years or more service. • Councilmember Y6Ne asked if someone with 20 years of service is hired from another City, does Mat person start with the City at 20 years? Mr. Ross said Mat staff has done Mat in Me past to attract experienced employees, and said it is usually offered to exempt and senior staff employees. • Councilmember Heathcd said he is not thrilled with a person being able to take five weeks of vacation and would probably vote against it. Councilmember Yehle said it is unlikely that Me vacation none would be taken as a single block. Councilmember Johnson said but it could be. Councilmember Yehle saitl it would have to be scheduled. City Manager Ross said one wreak is the norm, and occasionally two weeks, but never is vacation taken without approval. After discussion, City Manager Ross said first reading of the ordinance will be on tonight's regular agenda and the plan is to bring it back the second reading for adoption on the December 3 Consent Agenda. 3 Of City Council M'mutes, November 12, 2012 Mitb no other business to discuss, Councilmember Yehle moved to adjourn the Workshop at 625 p.m. Councilmember Heathcoh seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcoh, Johnson, Yore Noes: None Absent: None REGULAR MEETING Agenda items were as follows: Call to Order. Mayor Fry called the meeting to order at 6:30 p.m. Council and staff in allendance were: Mayor Pro Two Sample, Councilmambers HeaMCOtt, Johnson, Yehle, City Manager Ross, City Secretary Lenz, City Attorney Petrov, ACM/Pubic Works Director Petler, and Police Chief Walker The Pledge of Allegiance was led by Councilmember Yehle. Secretary Lenz confined that the Notice of the special and regular meetings was duly posted in accordance with the Items Government Code, Chapter 551. Mayor Fry recognized Veterans on Council and in the audience. 3. Public Comments This is an opportunity for citizens to speak to Council relating to agenda and non - agenda items. There were no public comments. 4. Promised Charter Amendments Matters related to a report from the Charter Review Committee recommending Charter Amendments to be placed on the ballot of the May 2013 Election. Charter Review Committee Chair Phyllis Cohen recognized members of the Committee and proceeded to present the report (attached) to Council. She said she tlitl not Mink it was necessary to go through each provision and asked Council if they had any questions. Councilmember Yehle referred to the section where it discusses rules and procedures and how Council would adopt Is own rules and asked about a situation where Council consistently doesn't have a quorum, how could they practically get together without rules W address a not quorum? Ms. Cohen said the likelihood of that happening is extremely remote. She said the Commibee tlitl discuss situations at length where councilmem0ers might nor attend and she said it was decided that the Committee would rely on the good judgment of oouncilmembers to leave or step down when they can't regularly participate. She said Me City has never experienced this kind W situation and it's unlikely that it will, to the Committee didn't want to put in all kinds of procetlures that might not ever be applicable. Regarding the Power of Recall, Councilmember Yehle asked if there was discussion regarding recalling 4or cause- as opposed to just not liking a person. Ms. Cohen said Me Committee cli discuss that specifically, but it tlitl discuss it in terms of the power to recall. She said Me Committee talked about d being the right of Me residents to recall and they didn't want to infringe upon traditional citizens rights. 4 of Qtly Council Minutes, November 12, 2012 Mayor Fry thanked Chair Cohen and the Committee and said he the report is very concise and to the point and said he is very pleased with it. City Attorney Petrov advised Council that tonight it just has to accept the report and the next step in the process, should Council choose to move forval would be to place the proposed amendments on tne ballot He said Council has to call a Charter Amendment Election, which can be held In conjunction with the May 2013 General Election. Councilmember Yehle moved to accept the recommendations tram the Charter Review Committee. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcotl, Johnson, Yehle Noes: None Absent: None 5. Election Matters Matters related requirements to publish notices in Vietnamese and Chinese. City Manager Ross presented and reminded Council that as discussed in Workshop, staff Is requesting permission to proceed with requesting exemption from the Department of Justice to no longer have to publish election notices in Vietnamese and Chinese. Councilmember Johnson moved to authorize stag hall to apply for the exemption from the Department of Justice. Mayor Pro Tam Sample seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathcoff, Johnson, Yehle Noes: None Absent: None 6. Personnel Policies and Employee Handbook Madere related to consideration of an ordinance relating to personnel policies; adopting a new personnel handbook; providing an effective date; repealing Ordinance Number 1885; and containing findings and provisions related to the subject. Councilmember Johnson moved to approve the reading of an ordinance adopting a proposed Personnel Policies and Employee Handbook, effective January 1, 2013. Councilmember Heatncot seconded the means. MOTION PASSED. Ayes: Fry, Sample, Heathcot, Johnson, Yell Noes: None Absent: None T. Consent Agenda All Consent Agenda 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 requests in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A. CIW Council Minules Approve the Minutes of November 5, 2012. 5 of Ciry Council Minutes, November 12,2012 Councilmember Yehle moved to approve the Consent Agenda as presented. Mayor Pro Tern Sample seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heahucoff, Johnson, Yehle Noss: None Absent: None e. Reports by CounciVSlaX City Manager Farm reported that the CM of West U was selected for the second year in a row as one of the top work places in the Houston region. City Manager Ross announced that the City has gone live with the Click West U work order system by which citizens can access the web W input a work order or they can comical an all on the iPbone and Android. He said staff believes this will be happily received by the residents as g is very user - friendly and it will allow staff to track the status of wok orders. He saitl staff will give a workshop feel regarding MR work nrtlar system in early January. Cffy Manager Ross also reported! Mat me Public Works Administration Building and the Public Works luncheon room are undergoing renovations. He said most of the work is being done in -house but tat some individuals are working at temporary locations during the process. Councilmember Johnson said she would like to encourage members of the Council and citizens to take the Emergency Response Team Program (CERT). She said she attended one over the last eight weeks, which was put on by the City and Harris County Department. She said it really teaches citizens how to identity problems when someone is hurt and how to assist during disasters. She saitl the neat class begins in February and she highly recommends it. 9. Atllourn Meetlna At 6:50 p.m., Mayor Pro Tern Sample moved to adjourn the meeting. Councilmember Johnson seconded the motion. MOTION PASSED. Ayes: Fry, Sample, Heathl Johnson, Yeble Noes: one rent: None a �EE/Iel P \ n ;, I / ✓vim �r /1 .� i� %Y TM1elma A. Lenz, City Secretary Ae {A� Date Approved f om