2014-05-19 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, HELD ON MONDAY, MAY 19, 2014, AT 6:00 P.M., IN
THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND,
TEXAS.
Mayor Reid called the meeting to order at 6:07 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
Greg Hill
Tony Carbone
Scott Sherman
Keith Ordeneaux
Susan Sherrouse
Clay Pearson
Darrin Coker
Young Lorfing
Absent: Councilmember Susan Sherrouse.
Others in attendance: Daniel Baum Deputy Fire Chief; Claire Bogard Director of
Finance; Jon Branson Assistant City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson
Director of Engineering and Capital Projects; Michelle Graham Director of Parks
and Recreation; Bonita Hall Director of Human Resource and Safety
Management; Mike Hodge Assistant City Manager; Lata Krishnarao Director of
Community Development; Kim Sinistore Executive Director of
Convention/Visitors Bureau; Eric Wilson Public Works Director; Sparkle
Anderson Communications Manager.
Council Action - Resolution No. R2014-46 — A Resolution and Order of the
City Council of the City of Pearland, Texas, canvassing the returns and declaring
the results of the General and Special Election held in the City of Pearland,
Texas, on May 10, 2014. City Council.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
approve Resolution No. R2014-46.
WHEREAS, there was held in the City of Pearland, Texas, on the 10th day
of May, 2014, a City General Election and Special Election at which the offices to
be filled for Mayor and Member of the Council, Position No. Three (3), along with
Sixteen (16) proposed Charter Amendments were submitted to a vote of the duly
qualified resident electors of said City.
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WHEREAS, at this Special Meeting of the City Council of the City of
Pearland, on May 19, 2014, after date of said election, being held for the purpose
of canvassing the returns and declaring the results of the General and Special
Election held on May 10, 2014; now therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
SECTION I.
That the election described was duly called and notice thereof given in
accordance with law; that said election was held in the manner required by law;
that due returns of said election have been made by the proper officers; and it
appeared from said returns, duly and legally made, that there were cast at such
election 3,385 valid and legal votes; and that said election resulted in the
following vote totals:
FOR MAYOR
NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE
Tom Reid 2,278 69.49%
Woody Owens 1,000 30.51%
FOR MEMBER OF THE COUNCIL, POSITION NUMBER THREE (3)
NAME OF CANDIDATE NUMBER OF VOTES RECEIVED PERCENTAGE
Gary Moore
1,797 59.05%
Susan Sherrouse 1,246 40.95%
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AMENDMENT NO. 1
THE AMENDMENT OF the Pearland Charter, Sections 3.01 and 5.05,
regarding the number of City Council members
This amendment phases in an increase to the size of City Council from five (5)
councilmembers to seven (7) council members over a period of 3 years.
FOR 2,596 79.88%
AGAINST 654 20.12%
AMENDMENT NO. 2
THE AMENDMENT OF the Pearland Charter, Section 3.06 regarding the
procedure to fill a vacancy on the council.
This amendment allows for the council to fill a vacancy of a council member of
one year or less by appointment.
FOR 2,344 72.35%
AGAINST 896 27.65%
AMENDMENT NO. 3
THE AMENDMENT OF the Pearland Charter, Sections 6.13 and 6.20,
regarding changes to ordinances proposed by initiatives and ordinances
passed by popular vote.
This amendment allows City Council to make changes to ordinances proposed
by initiatives and ordinances passed by petition or popular vote so that such
ordinances comply with federal and state laws.
FOR 2,447 77.58%
AGAINST 707 22.42%
AMENDMENT NO. 4
THE AMENDMENT OF the Pearland Charter, Section 3.08, regarding
meetings of City Council.
This amendment removes language in the charter allowing City Council to
consider a subject by unanimous consent of the City Council although that item
was not posted on an agenda in conformance to the Texas Open Meetings Act.
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FOR 1,778 57.34%
AGAINST 1,323 42.66%
AMENDMENT NO. 5
THE AMENDMENT OF the pearland charter, section 3.13, regarding Audits
and examination of city books and accounts.
This amendment simplifies the language in the charter regarding who City
Council selects to conduct the annual audit of the City's finances.
FOR 2,762 87.88%
AGAINST 381 12.12%
AMENDMENT NO. 6
THE AMENDMENT OF the Pearland Charter, Sections 4.04 and 4.08,
regarding the removal of the Departments of taxation and the Department
of health and sanitation.
This amendment removes language in the charter that refers to departments in
the City that are defunct or whose duties have been assumed by another
department or agency.
FOR 2,824 90.31%
AGAINST 303 9.69%
AMENDMENT NO. 7
THE AMENDMENT OF the Pearland Charter, Section 4.05, regarding the
approval of the city manager and city council of the selection of assistants
in the Department of finance.
The amendment removes language in the charter that requires the city manager
and city council to approve assistants employed in the Department of finance.
FOR 2,099 67.95%
AGAINST 990 32.05%
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AMENDMENT NO. 8
THE AMENDMENT OF the pearland charter, section 4.09, regarding the
creation of a fire department.
This amendment recognizes the creation of a fire department and the use of that
department instead of contracting fire services to a volunteer fire department.
FOR 2,787 87.75%
AGAINST 389 12.25%
AMENDMENT NO. 9
THE AMENDMENT OF the Pearland Charter, Section 4.10, regarding the
removal of duties assigned to the Department of public works that are
performed by another department or entity.
This amendment removes the duty of collecting garbage by the Department of
public works as this service is now provided by a third party vendor and it
removes duty of performing building inspections by the Department of public
works as this duty is now performed by another department.
FOR 2,572 83.26%
AGAINST 517 16.74%
AMENDMENT NO. 10
THE AMENDMENT OF the Pearland Charter, Section 4.12, regarding the
Department of parks, recreation and beautification.
This amendment recognizes the establishment of a department of parks and
recreation and clarifies that the director of this department is the liaison with the
park, recreation and beautification board.
FOR 2,810 90.27%
AGAINST 303 9.73%
AMENDMENT NO. 11
THE AMENDMENT OF the Pearland Charter, Sections 8.06, 8.08, 8.10, 8.11,
and 8.14 regarding the budget.
This amendment allows for changes in the notice, amendment, scheduling,
publication, and appropriation processes of the budget.
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FOR 2,176 72.97%
AGAINST 806 27.03%
AMENDMENT NO. 12
THE AMENDMENT OF the Pearland Charter, Section 8.18 regarding
disbursement of funds.
This amendment removes the authority of members of city council to countersign
checks, vouchers and warrants for the withdrawal of money from the city
depository.
FOR 2,274 74.46%
AGAINST 780 25.54%
AMENDMENT NO. 13
THE AMENDMENT OF the Pearland Charter, Section 8.22 regarding tax
liens.
This amendment extends the commencement date for seizure and foreclosure
proceedings.
FOR 2,336 77.63%
AGAINST 673 22.37%
AMENDMENT NO. 14
THE AMENDMENT OF the Pearland Charter, Sections 10.09, 10.11, and
10.16 regarding the transition from a general law city to a home rule
municipality.
This amendment removes references to language in the charter that only
pertains to the initial transition from a general law city to a home rule municipality.
FOR 2,328 80.36%
AGAINST 569 19.64%
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AMENDMENT NO. 15
THE AMENDMENT OF the Pearland Charter, Section 10.15 regarding the
frequency of the appointment of a Charter Review Commission.
This amendment increases the duration of the time period between required
appointments of the Charter Review Commission from four years to six years.
FOR 1,631 54.57%
AGAINST 1,358 45.43%
AMENDMENT NO. 16
THE AMENDMENT OF the Pearland Charter, Section 10.17 regarding the
meaning of the word "city."
This amendment deletes the meaning of the word "city" as the "City of Pearland"
as this definition is already defined in Section 1.02 of the Charter.
FOR 2,594 85.02%
AGAINST 457 14.98%
SECTION II.
The City Council of the City of Pearland, Texas, hereby officially and
affirmatively declares that the results as shown above are the real and true
results of the election held on May 10, 2014, within the City of Pearland, Texas,
that the candidate elected for Mayor is declared to be Tom Reid and the
candidate elected for Member of the Council, Position Number Three (3) is
declared to be Gary Moore, and said above parties are hereby declared duly
elected to said respective offices, subject to taking of their Oaths of Office and
Statements of Elected Officers as provided by the laws of the State of Texas.
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SECTION III.
The City Council of the City of Pearland, Texas, hereby officially and
affirmatively declares that Amendments:
Number 1 through Number 16 attached hereto as Exhibit "A" were
approved.
SECTION IV.
The following Exhibit A, (Charter Amendments) and Exhibit B (Canvass
Reports) are attached hereto and made a part hereof by reference.
Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Ordeneaux.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Sherrouse absent.
MAYOR'S ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY
ELECTED OFFICALS. Mayor Tom Reid.
Mayor Reid presented Gary Moore with his Certificate of Election.
City Secretary Young Lorfing presented Mayor Reid with his Certificate of
Election.
ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS.
The Honorable Gordon Starkenburg.
The Honorable Judge Gordon Starkenburg administered the Oath of Office to
Mayor Tom Reid to serve as Mayor.
The Honorable Judge Gordon Starkenburg administered the Oath of Office to
Gary Moore to serve as Councilmember Position No. 3.
Mayor Reid thanked the Honorable Judge Starkenburg for his diligence and
leading the Administration of Oath of Office to the newly elected officials.
COUNCIL ACTION — ELECTION OF MAYOR PRO -TEM. City Council.
Mayor Pro -Tem Hill made the motion, seconded by Councilmember Sherman, to
appoint Councilmember Keith Ordeneaux as Mayor Pro -Tem.
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Voting "Aye" Councilmembers Carbone, Sherman, Hill, and Moore.
Voting "No" None.
Motion Passed 4 to 0.
ADJOURNMENT
Meeting was adjourned at 6:22 p.m.
Minutes approved as submitted and/or corrected this the 9th day of June, A.D.,
2014.
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