By Jay Ermis
Managing Editor
HUNTSVILLE — The Huntsville City Council took action on two items following an executive session on both during its Tuesday night meeting at City Hall.
The council evaluated city secretary Lee Woodward and approved a $350 a month pay increase for her and approved an agreement involving Shenanigan’s nightclub on 11th Street.
The council approved Woodward as the new city secretary Aug. 4, 2009, starting the 1986 graduate of Huntsville High School and 1990 graduate of Texas A&M University at $43,000 per year.
Mayor J. Turner said “the council is extremely pleased with Ms. Woodward’s performance. She has exceeded our expectations. She is doing a fantastic job.
“With that in mind, I would like to make a motion that we adjust her salary accordingly with a raise of $350 a month.”
The council unanimously approved the evaluation and pay increase.
After receiving legal advice on the Texas Alcoholic Beverage Commission permitting process, Mayor Pro Tem Lanny Ray made a motion “to sign the stipulation agreement to waiver a hearing in front of the TABC regarding the City of Huntsville as the protester versus the entertainment company also doing business as Shenanigan’s.”
The council approved the agreement unanimously.
“There has been a bit of an uproar the last couple of months revolving around the bar known as Shenanigan’s, a well-known honky-tonk, which I think is a good word for it,” Ray said. “Upon further examination of the issue, I am now speaking for myself alone, in my opinion it was more of a sky-is-falling issue than anything else.
“A lot of misinformation out there. We have worked out an agreement with Shenanigan’s to insure the safety and welfare of our citizens and also I think to be fair to our entertainment venues and bars.
“Specifically, we came up with several stipulated agreements, one of which is everybody agrees the City of Huntsville is not required to provide security for the premises.”
“It’s not our job or our police force’s job to provide security for the premises,” Ray said. “On the other side, Shenanigan’s has agreed because of the issues with the minors we have discussed, which was a bit disturbing to some of us, he (owner Darrel Tarbin) has agreed to use two distinct stamps, distinct as to size and shape, one of which will designate those of age and one which will designate those underage so the rumors and stories that people were going to the bathroom and simply scrubbing off their hands and then illegally buying alcohol is just not that accurate.
“The distinctive stamp has to be shown and you can’t replicate that.”
“The second stipulation in here,” Ray said, “and these are stipulations that everyone is bound by them. He will utilize employees whose duty includes monitoring the premises, both inside and outside, for the health, safety and welfare of his patrons.
“In this we believe will address the issue of parking lot problems, when the patrons leave. As I understand it, he has already contracted with some of our constables. They will pay attention to the parking lot as well as the inside.
“The final one, which I am pretty impressed with, is the stipulation reads, he will make his best effort to have all of his bartenders TABC certified. I will note it has been his practice and is his current practice to have all of his employees TABC certified and they have been, generally speaking throughout the time frame here.
“That is the agreement as it is.”
City attorney Leonard Schneider said Shenanigan’s has signed off on the agreement.
Turner said one last item needing to be addressed is a conflict of interest waiver with attorney Bennie Rush, who represents Shenanigan’s and also represents the City of Huntsville in a non-related matter.
“He has submitted this wavier to us and I would like to make the motion that we accept this conflict-of-interest wavier on behalf of Mr. Rush,” Turner said.
The council also authorized Schneider to sign the waiver.
Ray said “this is a waiver of the conflict of interest under State Bar rules, representation of an entity and representing against the entity requires a conflict of interest.”
The council approved the waiver.
“The waiver required here because the matters are not substantially related under the (State) Bar rules,” Ray said. “You can require a waiver if you’re doing representation on opposite sides.
“If there is a substantial relationship between the matters, here they are not, but there is also a possibility of disclosure of confidential information, so attorneys in an abundance of caution, will almost always ask for a waiver.
“Just to get the client to acknowledge that I am represented against you here and I am representing for you here, is that OK? It’s just a Bar rule waiver.”
Also Tuesday night, the council:
• Approved the minutes of the City Council meeting held Feb. 16.
• Approved Ordinance 2010-23 to make required modifications to the existing Industrial Wastewater Ordinance, Section 46 of Huntsville Code of Ordinances, 2nd reading.
• Approved Ordinance 2010-26 amending the budget for FY08-09.
• Approved and award the FM 247 Sewer Project #06-11-12 construction contract to Doughtie Construction in the amount of $28,793.75.
• Held first reading on Ordinance 2010-25 to approve stop signs on Gainous Street.
• Heard a report on environmental initiatives by Billie Smith, Procurement Manager.
• Approved $10,000 request for Walker County Fair & Rodeo Association for Hotel Occupancy Funds for the upcoming Fair and pro rodeo.
