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HomeMy WebLinkAboutDown the Drain Award, 199137 THE MINUTES OF REGULAR MEETING OF THE COUNCIL OF THE CITY OF GALVESTON HELD OCTOBER !0, 1991 - 2:00 P. M. INVOCATION:Reverend Trudie Smith, William Temple Foundation Pledge cf Alegiance was recited ROLL CALL Present: Absent: Mayor Barbara K. Crews, Mayor Pro-Tern Mitac Milosevich {arriving late)~ Councitmembers Louis Pauls, William Claytonf Robert Lynch, Mel Rourke Councilman August Bermea (due to illness) Others:Douglas Matthews, City Manager~ Gary Smith, Assistant City Attorney; Anna Lee, City Secretary DECLARATION OF CONFLICT OF INTEREST - None MINUTES:The Minutes of the Regular Meeting of September 19, 1991 were approve with one correction on MOTION of CM M!LOSEV!CH, second by CM ROURKE, carried UNANIMOUS LY. Correction noted was in the last line of paraqraph 4, changing the word "prospective" to "perspective." PRESENTATIONS A) Capt. Stephen V. Giusto, Capt. Stephen V. Giusto, Appreciation Plaque to City U.S. Marine Corps, presented to the Mayor on behalf of the citizens of Galveston a plaque in appreciation for the continued support of the United States Marine Corps, especially in recent times in the Operation Desert Shield and Desert Storm (in the Persian Gulf) and the City's efforts communicating with the Secretary of the Navy in Getting the 44.9 acres of land, that was to have been used for the Navy homeport, for the Marine Corps. B) Proclamations Council declared October 14- 18 as "National School Lunch Week" and the proclamations was presented by the Mayor to Richard Blackwel], chairman for the National School Lunch Program for t.h/s year. October 19 was adopted as the The Arrival of Hope Day" and the Mayor presented the proclamation to Sister Mora of St. Mary's Hospital, in recognition of 125th anniversary of the landing on the Island of the religious sisters of three con- rations. The Mayor persented a pro- clamation to Anna Glass and Bennie Jeffries which declared October 19-27 as "Red Ribbon Week," in connection with a campaign by the Telephone Pioneers of America in the Texas war on drugs. declared the month of October as Month." National Juanita Windom and Stella Dumas received a proclama- tion from the Mayor which Domestic Violence Awareness Councilman Rourke Presented Councilman Mel Rourke a "Down The Drain Award" stated that he wished to present an award, first of several called the "Down The Drain Award" that speaks for itself. It recog- nizes waste in government and elsewhere. Some of the nominations for this award are: continued funding of the Rubber Wheel Trolleys, the Galveston Economic Development Council, the DEA funds spent in purchasing a $500 office chair for one of the Captains, approximately $4,000 spent by the Park 3 8 October i0, 1991 Board on food, drinks, entertainment and lodging during their retreat, the tremendous amount of staff time and energy and copier costs spent on former Councilman Steve Greenberg to answer the never ending questions about City spending in the budget. In his opinion, CM ROURXE said all of these pale in comparison to Dr~ Gary Halter of Texas A&M at College Station charge of $1,000 plus expenses for one day's work to serve as a faci/itator at the City Council annual retreat a few months ago. He did not attend the presentation, howev- er, he felt that Dr. Halter was grossly overpaid. Dr. Halter again this week came to the Island to appear at UTMB, where he made the statement that "the old Galveston was dead, that cotton and shipping are a thing of the past, Galveston is a city in the need of leadership, and the key to shaping that new Galveston is the leadership of people such as the faculty and staff of UTMB." CM ROURKE said that in his opinion he said enough to win this award~ and CM ROURKE produced the plaque, which he said he would sent to Dr. Halter. CM LYNCH complimented Dr. Halter for a very good job at the retreat and that some beneficial things came out of that, and one of those is the goals that are posted (in the Conference Room). He further stated that he attended the mee ~ting where the Mayor was honored and where Dr. Halter spoke. COMMUNICATIONS AND PETITIONS Southern Union Gas Co. - Report on The City received a report Cost of Gas for October~ 1991, and from Southern Union Gas Annual Report Company on the cost of gas to be used in billing their customers for the month of October, 1991] and also received a copy of SUG annual report from July 1, 1990 through June 30, 1991. REQUESTS TO ADDRESS COUNCIL RE: TODAY'S AGENDA ITEMS Bill Sierra Bill Sierra, 1609 Bayou Shore Drive, reminded that every citizen has the same rights and that he as a citizen is defending the rights of his property and he is requesting that the Council will give the City Attorney the proper support and permission to enforce the City ordinance as regards the sideyard setback requirements violations at 1619 Bayou Shore Drive, Jeanette Winfree, the property owner. Mr. Sierra was informed that this matter will be going to the Zoning Board of Adjustment for a variance. Dr. Hermann Rudenberg Dr. Hermann Rudenberg, 3327 Avenue Q 1/2, addressed the item 91P-57, request for a Specific Use Permit to c]ean~ clear and level the dune area at 621 Avenue L. He pointed out that at present the State has a law against leveling dunes. Dunes should be protected and he hoped the Council would turn down this request. Dr. Rudenberg was advised that 91P-57 would be coming back at a public hearing tn~ two weeks. Jeanette Winfree Jeanette winfree~ 1619 Bayou Shore Drive, property owner, adv~ed she is ~_lJ_ng an appli- ca~on for a variance before the October 15 deadline. Herman Hodges Herman Hodgest 24 San Jacinto, inquired about the difference between Galveston Industrial Development Corporation and the Galveston Economic Development Corporation. In his mind both are doing the same thing. He said reducing the board of GIDC board to five members seems like a backdoor issue to reforming a board as a permanent caretaker of the money that 'has not been voted yet,' and at the same time appointing the five Councilmembers~ which he believes to be illegal to vote on themselves. He suggested to Council it- it not make any political speeches behind the Council table on any issue. Harry Levy~. III Harry Levy, III, encouraged the Council to proceed with the adoption of the resolution authorizing the City Attorney to take legal action to correct the sideyard October 10~ 1991 setback violation at 1619 Bayou Shore Drive if they fa/1 to file the ZBA re- quest. On another matter but in connection with this case, he pointed out that the firm of McLeod Apffe] attorney group has been the key cornerstone law firm hired by the City of Galveston for virtually every thing the Council does outside of the City Attorney and they are also representing the City's adversary, Jeanette Winfree. He suggested that the Council if it goes on with the suit give the City Attorney if he deems it desireable the authority to file a motion to disqualify the attorneys due to conflict of interest, if in his judgement there exists a conflict of interest, this being a political matter. Benny Holland Benny Holland, 2907 Beluche, spoke to repealing the resolu- which appointed the Board of Trustees of the Wharves to administer the lease with Todd Shipyards Corpora- tion. He was against taking the matter out of the hands of the Port of Galveston, he felt anything that had to do with waterborn commerce, port business, and waterfront business should go under the jurisdiction of the Wharves. They have a full-time staff, expertise, and the experience to do all the things necessary in the maritime industry and waterborn commerce. It would be a mistake to take the lease at Todd Shipyard out of the hands of the Galveston Wharves and would like to go on record to keep it under the jurimdiction of the Wharves. Steve Huffman Steve Huffman, vice chairman of the Wharves Board, resid- ar 1417 Market, referred to Article XII, Section 2, setting the Board of Trustees of the Wharves to fully manage, control, maintain and operate the Wharves as a separate entity of the City. The Board of Trustees feels that it has an obligation and fiduciary responsibility to stay active in the development and the transaction of the Todd property. By Resolution 91-18 the Council gave the Wharves Board of Trustees the authority to administer the leases between the City of Galveston and Todd Shipyards. The Board of Trustees is appointend by the City Council and therefore are an extension of the City Council. The development of Todd's property would have an indirect if not a direct effect on the operation of City of Galveston's Port. If the Wharves Board does not play an active role, the Todd's property could be a detriment to the Wharves. The Wharves are very concerned over the development and use of Todd's property. He urged that Resolution 91-18 remain in effect, allowing the Wharves to continue on the road of competition with other ports in the future viability of the Port of Galveston. Pat Hartnett Pat Hartnett, 5206 Menard, told Council the City needs to clean the 90-acres area at the Airport and sell it. This area is behind the seawall, along with two other areas of acreage that should be sold and put on the tax roll. He feels the F.A.A. would agree to that. As regards dunes east of 10th Street, Mr. Hart- nett stated the City does not have dune management standards in that area, and that. is the reason why the Park Board has been able to move excess sand from the area. A]so, he supported keeping Resolution No. 91-18 in place. Jackie Cole Jackie Cole, 1501 Biovu, stated the City needs to be rea] careful with the new state coastal zone management plan and the regulations on dune management, that they are a lot stricter then they have ever been, and they override anything that the City may want to do. ORDINANCESt RESOLUTIONS AND PROCLAMATIONS A) Resolution No. 91-61 - (A) RESOLUTION NO. 91-61 was Authorizing City Attorney take read by caption - Authoriz- Legal Action to Correct Sideyard ing the City Attorney to Setback Violation take all legal action neces- sary to enforce the sideyard setback regulations at 1619 Bayou Shore Drive~ declaring findings of fact; providing an open meetings clause; providing for reading by descriptive 4 0 October 10, 1991 caption only and providing for an effective date. ACTION: M O T I O N for approval was made by CM PAULS, with second by CM ROURKE. CM PAULS stated that the Council discussed that the Winfree application period has been extended until October 15. If Ms. Winfree meets this deadline~ then no other action will be required under this resolution and this case will go to the Zoning Board of Adjustment. The Resolution was adopted UNANIMOUSLY. BI Resolution No. 91-62 - (B) RESOLUTION NO. 91-62 was Authorizing Quitclaim Deed, read by caption - Approving 613 and 615 Avenue P and authorizing the City Manager to execute a Quitclaim Deed to Peter Antone and wife, Ada Antone; declaring findings of fact; providing an open meetings clause; providing for reading by descriptive caption only and providing for an e~ective date. ACTION: CM MILOSEVICH M 0 V E D for approval, seconded by CM ROURKE, and carried UNANIMOUSLY. C) Resolution Repealing (C} A Resolution was read Resolution 91-18 by caption - Repealing Reso- lution No. 91-18~ which appointed the Board of Trustees of the Galveston Wharves to administer the leases between the City of Galveston and Todd Shipyards Corporation; declar- ing findings of fact; providing for reading by descriptive catpion only; pro- viding for an open meetings clause; and providing for an effective date. ACTION: M O T I O N was made by CM MILOSEVICH to TABLE the resoluLion. Seconded by CM LYNCH and carried UNANIMOUSLY. D) Resolution No. 91-64 - (D) RESOLUTION NO. 91-64 was Recognizing Texas Seaport Museum read by caption - Recognizing the significance of the under- taking of the Texas Seaport Museum and proclaiming October 26, 1991 as Texas Seaport Museum Day; declaring findings of fact; providing for reading by descriptive caption only; providing for an open meetings clause; and providing for an effective date. ACTION: M O T I O N for approval was made by CM LYNCH, with second by CM ROURKE. Carried UNANIMOUSLY. E) Resolution No. 91-65 - (E) RESOLUTION No. 91-65 was Authorizing the Mayor to Accept read by caption - Authorizing Assignment of Cause of Action from the Mayor to accept an Federal Savings and Loan assignment of cause of action ir~ pending litigation from the Federal Savings and Loan Insurance Corporation; declaring findings of fact; providing an open meetings clause; providing for reading by descriptive caption only and providing for an effective date. (Cause of action styled City of Galveston, Texas and Homecral-h Land Development, Inc., vs. Southwestern Bell Telephone Company.) ACTION: The Resolution was adopted UNANIMOUSLY upon M O T I O N of CM MILOSEVICH, and second by CM PAULS (CM ROURKE out of the room.) F) Ordinance Accepting ResignaTion of a Director of Galveston Industrial Development Corp. Amending By Laws and_ Accepting Other Resignations G) Proclamations F) WITHDRAWN FROM AGENDA. G) Adoption of Proclamations. Declaring October 14-18, 1991, National School Lunch Week~" September 17, 1991, "Harris O. Nickle Day;" October 7, 1991, "100th Birthday of Wednesday Club;" Octrober 19-27, 1991, "Red Ribbon Week;" Month of October 1991, "National Domestic Violence Awareness Month;" October 19, 1991~ The Arrivs] of Hope Day;" October 12, 1991, "William E. Greer Day." ACTION: M O T I O N made by CM LYNCH, with second by CM LOSEVICH, PASSED UNANIMOUSLY. 41 october I0, 1991 CITY MANAGERr REPORTS AND RECOMMENDATIONS A) Resolution Authorizing F~_ling (A) RESOLUTION NO. 91-66 was of Grant with Moody Foundation on read by caption ~ Authorizing Lake Madeline Bridge the City Manager to submit a grant to the Moody Founda- tion for financial assistance ~or repayment of the ]984 Lake Madeline Bridge $400,000 Loanj declaring f/ndings of fact; providing an open meertings clause and providing for an efTec*ive date. ACTION: M O T I 0 N for approval was made by CM MILOSEVICH, sec- onded by CM LYNCH and carried UNANIMOUSLY. Proposal to Clean and Fence 90-Acre Tract~ West of Golf Course B) POSTPONED C) Annual Bid on New Tires C} The City Manager requested that this bid be WITHDRAWN at this time. D) Bid on Removal of 2 Under- (D) The City Council was ground Storage Tanks, at Airport requested to accept the low bid from Environmental Options, !nc., in the amount of $4,880 plus remediation expenses, for the removal of two underghound storage tanks at Scholes Field. (Reimbursable from State LSPT Cleanup Fund.) The City's cost should be $2,000. ACTION: CM MILOSEVICH M O V E D for approval, seconded by CM CLAYTON, and carried UNANIMOUSLY. E) Annual Bid on Batteries WITHDRAWN by Staff, F) Annual Bid, Sludge Dewatering {F) staff recommended the Chemicals acceptance of low bid from NALCO Chemical Co.t for the unit price amount of $2.14 for Product $9909 and $2.05 for Product $1002, Sludge Dewatering Chemicals for use by the Municipal Ut/Iities Department. ACTION: M O T I O N for approval was made by CM LYNCH, seconded by CM CLAYTON and carried UNANIMOUSLY (MILOSEVICH out of the room). G} Annual Bid~ Laboratory Analysis (0) Bid was received from EFEH and Associates, Inc., in the amount of $12,555 for the annual laboratory analysLs services of the Municipal Utilities Department. Staff recommended acceptance of the low bid of EFEH and Associates. ACTION: CM CLAYTON M 0 V E D for approval, seconded by CM LYNCH. Carried UNANIMOUSLY (M!LOSEVICH out of the room). H) Annual Bidt Supplemental Wrecker (H) The Council was requested Service to accept the ]ow from Action Wrecker Services as stated in the bid tabulation, for the annual supplemental wrecker service, ~or use by the Central Garage. ACTION: CM CLAYTON M O V E D for acceptance of said bid, with second by CM ROURKE. Carried UNANIMOUSLY (M~LOSEVICH out of the room). REPORTS OF ?OUNCIL~ OFFICERS AND BOARDS Appointments Galveston Industrial Development Corporation - CM CLAYTON M O V E D to CONFIRM the appointments of the current members: H. L. Kempner, James Yarbrou~h, Jr., Char]es Worthen, F. A. odom, Gerald A. Sullivan, Cliff Fiese]- man~ Rai B. Kelso, J. Fellman Seinsheimer, III, Orson C. Clay, Roger R. Quiroga, and David Edwards. Seconded by CM ROURKE. Carried UNANIMOUSLY. Arts and Historic Preservation Advisory Board - CM CLAYTON moved to nominate J. Palmer Saunders, Ph.D., representing citizens at large~ and Jan Vanderpool, representing Historical Foundation, seconded by Mayor P~T MI- LOSEVICH. Carried UNANIMOUSLY. October i0, 1991 Approval of O_eticial Bonds of Park Board of Trustees ACTION: Mayor P-T MILOSEVICH CM ROURKE, and carried UNANIMOUSLY. Official Bonds for the Park Board of Trustees were sub- mitted to Council for approval. M O V E D for approval, seconded by Resolution No. 91-67 - RESOLUTION NO. 91-67 was Nominations for Galveston Central was read by caption - The Appraisal District Board Members City Council nominating certain persons to the Galves- ton Central Appraisal District Board of Directors; declaring findings of facts~ providing an open meetings clause and providing for an effective date. Persons nominated are James Yarbrough, Jr.s and Charles "Chuck" Wilson. ACTION: CM CLAYTON SO M O V E D, seconded by Mayor P-T MI- LOSEV!CH. Carried UNANIMOUSLY. Cancel Regular Council Meeting, Majority of the Council- of October 24, 1991 members will be attending the Texas Municipal League Con!erence in Fort Worth October 24 through October 26, the City Council is therefore canceling the Regular Council Meeti~]g of October 24, and reserving the option to meet on October 31 if it becomes necessary. CM PAULS SO M O V E D, seconded by CM CLAYTON, and carried UNANIMOUSLY. Mayor's Report Mayor CREWS requested the City Manager to look into the possibi]/ty of creating an office of neighborhoods at City Hall, placing a staff member in the position of acting as a liaison to the neighborhood associations that are in existence and the ones that are forming, and respond to concerns that those neighbor- hoods have about a variety of things, and stimulate neighborhood revitaliza- tion in the City. The MAYOR complimented Ruth Watson and her staff in the Tax Office for getting the tax statements out in a prompt and very efficient way. The MAYOR then requested a report on the collections for the last quarter from the Tax Office. CM PAULS requested a report on collections for the last few years for comparative purposes. Housing Authority, Strand/ Mechanic Historic Board, Arts and Historical Advisory Board No report. Planning CommL~sion, Neighborhood Historic District Board No report. Galveston Wharves, H-GAC CM CLAYTON for the purpose of resolving some confusion, stated that the five-member board of the Council recently selected as an interim board to provide informa- tion on the various ~tuestions concerning the proposed sales tax (amendment)-- not to advocate specifically, not to select recipients, etc. There is a Galveston Industrial Development Corporation, which the State Law names is the board that wi]] control the sales ta×. If the tax is passed the five-member Council Board will remain in place. Park Board of Trustees, Galveston Housing Finance No report Zoning Board of Adjustment, Senior Citizens Board No report Parks and Recreation, CM ROURKE reported the Traffic Commission Traffic Commission met this week and discuss the Down- town TrafFic Plan, which will be coming to the Council in the next two weeks. UNFINISHED BUSINESS October 10, 1991 917-57 - SpecLf/c Use Permit, 621 Avenue L DEFERRED REQUESTS TO ADDRESS COUNCIL Fletcher Harris re: Fletcher Harris ~irst ALrport Commission complimented the City Manage~ on the new reorganization of the Planning and Traffic Departments. He said more has been accomplished recently than has been in the previous years. Mr~ Harris agaJ~ urged the appointment of an Airport Commission~ whether advisory or otherwise, and recommended that the City Council make the appointments. Referring to the security fence around the runways at the Airport, he said there is an opening in the fence allowing anima]s to enter the area which poses a danger to air craft on the runways. He suggested that the matter be resolved immediately. CM CLAYTON suggested to Mr. Harris that he communicate those concerns to the City Manager for action. Herman Hodges Herman Hodges, 24 San Jacinto, noted that there are three members from prominent _~amilies of the City serving on the G.E.D.C. Board, Mitchell, Kempner and Moody. These people are imbeded on the Island very serviously in their own businesses and they don't intend to vote for anything to come in and take away any of thei~ powerr and he did not fault that. He again stated that the G.E.D.C. should get involved in getting a prison system located on Pelican Island. This would bring an economic boost to the city and provide jobs. One favorable aspect to getting the prison located in this area is the fact that Galveston has ~ prison hospital facility, he said. He urged that the City Counc~ reconsider and vote approving the Resolution relating to Todd Ship- yards. Mark Muehich Mark Muehich~ 2808 Strand, responded to the City Manag- er's response in the news- paper to his (Muehich) article on recycling, reading from a prepared state- ment. Mr. Muehich again pleaded that the contract with Gulf Coast Waste Disposal Authority not be renewed and that the City consider a recycling program and composting program of alt of its waste materials, which would bring in revenues. ~{e was critical of the City Manager for not applying for a S~00~000 Texas Department of Health Grant. He and the Recycling Committee urge the City Manger and the Recycling Director to make compostirlg their top priority in the City's new waste management plan, this of course, when the City has withdraw from its GCWDA contract. City Manager Matthews responded in part, that the reason that the City did not file for the $200,000 grant is because the City did not have the 100,000 local matching share and there was a deadline. The contract with GCWDA is presently being worked out with the City Attorney's office, he said. Jim Mabe Jim Mabe, 3114 Seawall, encouraged the Council to create a citizens review board for the Police Department. He said it does not seem that the City Manager has control over the Police Department and the Police C.Rief does not seem to have control. The society Ls more violent and there is a need for it. City Manager Douglas Matthews objected to Mr. Mabe's comments and allegations. He s~/d he has tried to accountable and responsive. City Attorney Gary Smith interjected at this point that in 1948 this City elected to operate under a Civil Service Law and the Civil Service Law provides for a Civil Service Commission. Three members of the public are appointed by the City Counci/ to oversee and inves- tigate the operations and conduct of the Police Officers and Firefighters. We have a civilian board in place and any other board would be without authori- ty. Bess Harrison Bess HarrLson, prospective buyer of Todd Shipyards Corporation, requested the Council to reconsider for act/on the resolution to repeal Resolution No. 91-18, October' 10, 1991 which appointed the Board of Trustees of the Galveston Wharves to administer the leases betwen the City and Todd Shipyards Corporation. If not today, then post a meeting for early Monday morning to act on the resolution, she said. There is a 5 P. M. deadline Monday for confirming the sale of the property. Ms. Harrison stated that based upon their strategy and their sched- ule, it is imparative that they get a definite answer by 5 P. M. Monday. Patri- ot Shipyards plan to purchase the property conth%gent upon the repealing of Resolution No. 91-18. CM PAULS stated he did not see any difference in the Wharves raanag- lng the lease or the City Council managing the lease. The Wharves manages the property that belongs to the City, the Board is appointed by the Council. He said he was not sure that he would vote to take action any different than the Wharves Board would. Ms. Harrison commented that they do not know how to anticipate the relationships in the future, this being a tong-term issue, and they would rather deal with as few as possible. This is a new lease and there is no proven relationship with the Wharves. They want to do business and they want to start now. CM CLAYTON told Ms. Harrison that he did not understand her concern about the Wharves handling the negotiations as all negotiations must be approved by this Council, as are all management practices. Ms. Harrison stated Todds operated for decades without the administra- tion of the Wharves. Todds is an independent company, i~ they own it, it will be a private owned company. It ks a shipbuilding yard and is not conducive to cargo handling~ and the Wharves do not have the expertise in shipbuilding. The MAYOR suggested scheduling an executive session on Monday, 8 A. M., and a special meeting fo]lowing that. Also, was suggested that the Wharves Board and the Executive Director of the Port be invited to this mee ~tin g. There being no other business brought before this Council, the meeting was adjourned at 4:18 P, M.