HomeMy WebLinkAbout03/10/2011 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MARCH 10, 2011
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
John Crompton
Jess Fields
Dennis Maloney
Katy-Mane Lyles
Jana McMillan
Dave Ruesink
Citv Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Ouorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:00 p.m. on Thursday, March 10, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance. Invocation. consider absence request.
• Presentation by the Historic Preservation Committee of Historic Home Marker #57
to Mr. and Mrs. Ouint Foster of 1007 Walton Drive.
Anne Boykin, Heritage Programs Coordinator, and Dr. Louis Hodges, Historic Preservation
Committee, presented Historic Marker number 57 to Mr. and Mrs. Quint Foster of 1007 Walton
Drive.
RM031011 Minutes Page 1
• Citizen Comments
Judy Leunes, 1356 South Oaks Drive, President of the Brazos Animal Shelter Board, thanked the
staff for their cooperation during the process. She greatly appreciates the City's support.
Amy Pyland, 5201 Gary Road, Director of the Eyes of Texas Wildlife Rescue, reported she has
been banned from the animal shelter properties for reasons not known to her. Ms. Leunes has
threatened her with arrest, but she has not been told the reason why she is banned. Ms. Leunes
has told people she is banned from other organization, which is not true. What kind of board
president bans people from the premises and spreads rumors? She is concerned for the citizens
that use the shelter. It is her belief that she is banned because of her concern on how the animals
are treated. Animals have been euthanized that were adoptable. She has a tape recording that
Ms. Leune will only work with two rescue groups, so it is no wonder so many animals are
euthanized. She stated the shelter is secretive and unprofessional.
Charli Rohack, 4409 Leonard, Bryan, Director of Eyes of Texas Rescue, said her organization
has been serving the county for over a decade and holds permits from several state agencies.
There is ongoing illegal activity that the animal shelter has engaged in for years. They kill scores
of wildlife, particularly migratory birds, when it is illegal to even disturb nests or take eggs. She
asked them to take the birds to A&M if she is not available, but they just kill them. A federal
agent did a walk in yesterday and was told they did not kill birds. US Fish and Wildlife called
them and told them not to take in any migratory birds, and all birds must be referred to Charli
Rohack. Ms. Leune said whoever reported the shelter to Fish and Wildlife would be banned.
She asked the Council to not turn a blind eye. She asked if the shelter receives a fee for every
wildlife animal taken in and if anyone is looking at their books.
Beverly Young, 7701 Jones Road, stated she moved to College Station in 2002 and takes pride in
the community. She has worked with the Brazos Animal Shelter as a wildlife rehabilitator for
five years and values life no matter what form. Their mission statement is they provide humane
care and shelter for stray and unwanted animals. Her experience is they do not follow this
mission statement. When asked, she cannot refer the shelter; she always refers people to A&M.
She provided an example of a healthy, adoptable dog that was euthanized. The people that
brought the dog in were assured the dog would be adopted, and she found people to adopt the
dog in a matter of hours, but they were told the dog was not adoptable. They must be
accountable to their mission statement. She urged the Council that if they decide to contract with
them, then to please hold them accountable with an audit board.
James Rohack, 4409 Leonard Road, Bryan, thanked the Council for allowing concerns to be
brought forward regarding a long term contract. He reported the Eyes of Texas Wildlife Rescue
was created to fill a void. He stated the Animal Shelter receives payment based on headcount.
The more they kill, the more turnover, resulting in a higher headcount. If an organization has a
long track record of not following the laws of the nation, then it does not seem to be good
governance. There should be an audit of the books.
RM031011 Minutes Page 2
Shari Yvon-Lewis, 2497 Newark Circle, stated there is no rush to make this decision. She asked
the Council to wait until they have all the facts from Bryan. The options for Bryan were not
made available until Tuesday so there has not been enough time to make an informed decision.
One option was $80 per animal. For that money you get a low cost spay/neuter clinic in the
community. This will reduce intake and create significant savings. The program with the CARE
Corporation would include a large foster program which is not in place with the animal shelter.
There should be a non-profit partner to help with donations. She expressed her concern that the
Brazos Animal Shelter can go off and build a facility and then decide they don't need the City,
leaving the City high and dry.
Gwendolyn Inocencio, 6849 Bendwood, president of her own personal rescue organization,
stated the animal shelter is referred to as the wonderful folks at the animal shelter, but asked is
they are successful at what they are doing. They should have a high save rate. Their rate is 60%,
the same as the national average. What else about our community is average? As a client, we
deserve to partner with the organization with the most efficient methods. There should be a 90%
and above save rate. Why aren't we emulating those methods. We should build a robust foster
program, and it doesn't cost a penny. The Brazos Animal Shelter has chosen not to let these
individuals help.
Elayne Brooks, 3001 Pierre Place, is astounded at the Council's willingness to sign a contract
with the animal shelter knowing the board bans citizens just because they disagree with them.
The City should look at this strongly. This will be the only game in town, and then these people
will not be able to adopt animals or pull them out for placement.
Charles Brooks, 3001 Pierre Place, implored the Council to further consider the contract. Why
was there no RFP or competitive bidding process? He referred to city charter provisions and
noted that state law also requires a competitive bidding process. He doesn't understand why the
City has not done this. We were told they were the only game in town, but now we know they
are not. The state constitution states that any grant of public money must be accompanied by
public oversight. The animal shelter has been allowed to collect, retain, and spend over $1
million. He did an open records request and was told it was none of his business.
Charles Ellis, 1920 Peach Creek, provided an anecdotal message and stated the moral is to make
sure you understand the question before giving the answer. His concern is for the animals, the
cost to the taxpayer, and service to the public. Will they provide this? An effective animal
shelter must provide first class care for animals, have low euthanasia rates, high adoption rates,
and education programs in public forums. They should work well with the community, as well
as welcome volunteers and local families. They should provide low cost vaccinations. If this is
done, then local vets will benefit from more animals in homes. They should also provide trap
and release programs for feral cats.
Christopher Sandoval, 4102 College Main, stated the shelter is publicly funded, and as such, is
an employee of the taxpaying public. He asked what employee can ban its employer. It is
questionable that they are asking for a 105% increase. The euthanasia rate for cats is 80% and
74% for dogs. That number is limited to breeds such as pit bulls and chows. He has
documentation of an American Bulldog mistaken for a Pit Bull and euthanized without checking
RM031011 Minutes Page 3
first for the microchip. They are refusing help and offers to take animals off their hands.
Employees are told to disregard public questions and to lie about why Pit Bulls are not allowed
to be adopted. The shelter is not a good role model for the City.
Sharon Shull, 11580 Golden Mist, a local vet, reported she started a spay/neuter project called
Spay Days. She works in conjunction with the Brazos Animal Shelter, other organizations, and
vet hospitals. They have served 300 cats and will begin working on dogs. They screen all
applicants for income requirements and make sure if they are low income, the service is free.
This is a positive program and could not be done without the cooperation of the animal shelter.
Karen Goralczyk, 2314 Carter Creek Parkway, reported on her experience with the shelter. They
have been attacked for not having a low cost spay/neuter program. They send over twenty
animals a week to organizations for this service. They foster dogs until they are ready for
adoption. She named several different rescue organizations that the animal shelter partners with.
They do have vaccine clinics. They would like to have a lower euthanasia rate, but it comes
down to space and money, and unfortunately, they cannot all be saved. She has never heard
anyone be dishonest.
Chris Needham, 720 Hasselt, Street, said what it comes down to as a taxpayer is how are you
going to spend my money. There has been very little auditing and no competitive bidding. All
the points brought forward seem valid. She asked the Council to please take more time and look
at all the options.
CONSENT AGENDA
2a. Presentation. possible action. and discussion of minutes for Februarv 24. 2011
Workshop and Reeular Council Mecting.
2b. Presentation. Dossible action. and discussion regarding approval of resolution
authorizing the Mavor and Citv Secretarv to sign the inter local agreement between the
Citv of College Station and College Station Independent School District for the conduct
and management of a ioint election to be held on Mav 14. 2011. Presentaci6n. acci6n
Dosible. v discusi6n en to one concierne la aprobaci6n de la resolution autorizando al
Alcalde v a la Secretaria de la Ciudad a firmar el acuerdo interlocal entre la Ciudad de
College Station v El Distrito Escolar Indenendiente de College Station. Dara conducir v
administrar una elecci6n coniunta aue se
Ilevara a cabo el 14 de mavo de 2011.
2e. Presentation. Dossible action. and discussion on an ordinance authorizing a General
(Regular) Election to be held on Mav 14. 2011, for the purpose of electing a Citv
Councilmember. Place 1. a Citv Councilmember. Place 3. and a Citv Councilmember.
Place 5. by the uualified voters of the Citv of College Station: authorizing a Joint Election
with the College Station Independent School District to be held on Mav 14. 2011:
authorizing the Citv Secretarv to arrange an equitable basis for sharing the costs of the
Joint Election: designating election Drecincts: appointing election officials: establishing Dav
rates for election workers: Droviding for notice of said election: providing for the use of
RM031011 Minutes Page 4
direct recording electronic voting machines: oroviding for Earlv Voting: providine a
severabilitv clause: and providing an effective date. Presentati6n. posible acci6n v
discusion acerca de la una ordenanza autorizando Elecciones Generates (Reutlares) a
celebrarse el 14 de mavo de 2011. con el oron6sito de elegir al miembro del Conseio de la
Ciudad. Puesto numero 1. a un miembro del Conseio de la Ciudad. Puesto numero 3. v a
un miembro del Conseio de la Ciudad. Puesto numero 5. nor los votantes calificados de la
Ciudad de College Station. autorizando Elecciones Coniuntas con el Distrito Escolar
Independiente de College Station a celebrarse el 14 de mavo de. 2011: autorizando a la
Secretaria de la Ciudad Para arreelar una base eouitativa en el coal puedan comnartir los
gastos de las Elecciones Coniuntas designando distritos de elecciones: estableciendo las
tarifas de compensaci6n Para los emvleados electorales: proporcionando una notificaci6n
de dichas elecciones: prenarando v haciendo los arreelos necesarios Dara el use de las
maauinas electr6nicas de votar nor registro directo: haciendo los arreelos necesarios Dara
las Votaciones Tenmranas: proporcionando una clausula de divisibilidad: v
proporcionando una fecha efectiva.
2d. Presentation. possible action. and discussion on an ordinance amending Section 1 of
Ordinance No. 2011-3316. ordering a Special Election to be held on Mav 14. 2011 for the
purpose of recalling Mavor Nancv Berrv. Councilmember Katv-Marie Lvles. Place 4, and
Councilmember Dave Ruesink. Councilmember. Place 6. Presentacion, nosible acci6n v
discusi6n de la Ordenanza de convocatoria a Elecciones Esoeciales Para remover a la
Alcalde Nancv Berrv. al miembro del Conseio Katv-Marie Lvles. Ocuvando el Puesto
Numero 4. v al miembro del Conseio Dave Ruesink, ocuuando el Puesto Numero 6.
2e. Presentation. possible action. and discussion on a bid award for the purchase of
electrical transformers to be stored in inventorv as follows: KBS $115.965.00: Priester.
Mell & Nicholson $20.954.00: Wesco $46.115.00 for a total of 5183.034.00.
2f. Presentation. possible action and discussion to approve a sole source purchase order not
to exceed the amount of $100.000 with Entergv, the Well 8 electrical power provider.
2g. Presentation. possible action. and discussion to approve a resolution providine an
exception to Policv to allow Mr. Mathers to construct sewer infrastructure necessarv to
connect his home to the Citv sewer svstem.
No items were pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Presentation, possible action, and discussion regarding a new contract with the Brazos
Animal Shelter.
RM031011 Minutes Page 5
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Crompton, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields
and McMillan voting against, to approve the contract with the Brazos Animal Shelter. The
motion carried.
2. Presentation, possible action, and discussion regarding anoroval of the Brazos Vallev
Wide Area Communications Svstem BVWACSI Operating Budget for FY 12 and
authorizing the Citv's ouarterly pavments of anoroximatelv $49.219 for an annual total of
$196.876.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Brazos Valley
Wide Area Communications System (BVWACS) Operating Budget for FY 12 and authorizing
the City's quarterly payments of approximately $49,219 for an annual total of $196,876. The
motion carried unanimously.
3. Presentation, possible action. and discussion on appointments to fill vacancies on the
following committees and boards: Citizens Charter Review Advisorv Commission.
The following people were appointed to the Citizens Charter Review Advisory Commission:
Brian Bochner
Chuck Ellison
Paul Greer
Tony Jones
Lynn McIlhaney
4. Adjournment.
Terry Childers
Patrick Gendron
Gary Halter
Jim Maness
Buck Prewitt
MOTION: There being no objection, Mayor Berry adjourned the Regular Meeting of the City
Council at 9:15 p.m. on Thursday, March 10, 2011. The motion carried unanimously.
Nancy Bgrry, Mayor
ATTEST:
X/ Vl l,,L JK,JAJn
Sherry Masl&urn, City Secretary
RM031011 Minutes Page 6
~
'
R
(
r
(
(