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MIN CC 03/08/1983MINUTES OF THE CITY COUNCIL MEETING OF MARCH 8, 1983 HELD IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:30, P.M. The meeting was attended by the following Councilmembers and Mayor: William V. Nash, Mayor Murray A. Brown Larry Corley Stephen E. Davis Jerry L. Dowling Bill Hodges Delora King Goree McGlothen Jane Monday The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation was presented by the Reverend Doug Lehman of the New Testament Baptist Church, Mayor Nash noted the Council will now recess into executive session to discuss airport property, and Mackey Vs. City and Martinez Vs. City. Council Meeting resumed at 7:00 P.M. CONSIDER THE MINUTES OF THE PREVIOUS MEETING The minutes of the meeting of March 1 were presented. Councilmember Monday made the motion to approve the March 1, 1983 minutes of the Council and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. MARTINEZ VS. CITY OF HUNTSVILLE Mayor Nash advised that this matter had been reviewed and discussed in the executive session preceding the Council Meeting. He noted it is the consensus of the Council that•the City should settle this case in the amount of .55,000 plus 5750 in legal fees. Councilmember Dowling made the motion to approve of this settlement and Councilmember Brown seconded the motion. Councilmember Brown clarified the motion, however, that the City aarees to pay up to" 5750 in legal fees and that $750 is the maximum amount the City has agreed to pay. All were in favor and the motion passed unanimously. ATTENDING CITIZEN Wynn Earl Westover to discuss Hydrofluosilicic Acid Mr. Westover passed out to the Council a three page handout regarding hydrofluosilicic acid. He warned the Council that this substance has not been tested for safety by any agency of the United States Government or by any state agency here. He presented a response to publications presented by Councilmember Davis in an earlier meeting, noting one of those publications concerns natural fluoride waters, not artificial fluoride and the other publication concerned second hand references which can lead to misinterpretations and errors. He then presented additional information to support his belief that articifical fluoride can be hazardous to one's health. He urged the Council to inform the public about the possible health hazards connected with fluoridation. Mayor Nash advised Mr. Westover that the subject has been thoroughly discussed and has had news media coverage for some time now. He noted the City Council would receive and process any petition for a referendum election on fluoridation should one be presented. ORDINANCE Maximum Size of Off- Premise Signs Mayor Nash then presented Ordinance No. 83 -11 which would reduce the maximum size of off - premise signs from 642 square feet to 300 square feet. The caption of this ordinance is as follows: Ordinance No. 83- AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 14, SIGNS, OF THE CODE OF ORDINANCES, TO REDUCE THE MAXIMUM SIZE OF OFF- PREMISE SIGNS; PROVIDING A PENALTY OF $200; PROVIDING SAVINGS AND REPEALINGS CLAUSES; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Hodges made the motion to approve Ordinance No. 83 -11 and Councilmember McGlothen seconded the motion. All were in favor and the motion passed unanimously. PURCHASES Consider Annual Contract for One Ton Chlorine Cylinders Mayor Nash then presented Bid No. 83.14 for the annual contract for one ton chlorine cylinders. He noted the low bidder is Jones Chemicals, Inc. for $12.00 /cwt and that these funds were budgeted. Councilmember Brown made the motion to award the bid to Jones Chemicals, Inc. and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. Consider Bid for Fire Hose and Accessories Mayor Nash then presented bid No. 83.15 for various lengths of 5" fire hose and accessories. He noted the low bidder is Jaffery Fire Protection Company in the amount of $6,141 and that these are budgeted funds. Mr, Nash noted the staff has requested that the Council table this item for further staff discussions. Councilmember Monday made the motion to table this item and Councilmember Dowling seconded the motion. All were in favor and the motion passed unanimously. MID -YEAR BUDGET ADJUSTMENTS Mayor Nash then presented the mid -year budget adjustments as approved by the Council in last week's formal meeting discussions. Councilmember Corley made the motion to approve these budget adjustments as presented by Patricia Allen, Director of Finance, in her memorandum of March 3, 1983 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Councilmember Dowling re- emphasized that alter - nate.funding was to be sought on the emergency generator for the HAM Radio Operators. Mr. Pipes acknowledged this was part of the understanding of the staff. Councilmember Brown noted that he would prefer a diesel enainP r- 2S2 PAGE 282 - -BOOK N MINUTES OF MARCH 8, 1983 be sought for the Fire Chief's new car. Councilmember Dowling suggested bidding it both ways and then make up the difference when it is determined which is the better deal. City Manager, Gene Pipes, noted the staff will be glad to requests bids for both a gas and diesel engine. CONSIDER THE PROPOSED TOURISM CONTRACT fMayor Nash then presented the proposed tourism contract and noted four changes which would delete the word "category" from Section IV; change the month of August to July in Section IV; add the word "certified" (financial audit) in Section V; and change the term from five (5) years to three (3) in Section VII. Councilmember Davis made the motion to approve this contract with these changes and Councilmember Monday seconded the motion. Council- member King asked that the item be deferred to an executive session to discuss real estate and perhaps legal matters related to this contract. Councilmembers Davis and Monday withdrew their motion to approve, noting the motion to recess to executive session takes precedence. The Council then withdrew to the conference room to discuss any legal or real estate matters connected with this item. Mayor Nash then reconvened the Council to continue discussion of the Tourism Contract. He noted this item was not discussed in executive session as the City Attorney, Scott Bounds, determined that the concerns of Councilmember King's were not executive session material. He noted any further discussion will be in open session. Councilmember Davis then restated his motion to approve the contract with the above listed changes and Councilmember McGlothen seconded the motion. Discussion: Councilmember King advised that she is conducting a search for funds for a Black Museum. She noted there have been discussions regarding a Black Museum, a Walker County Historical Museum and a Prison !iuseum for years. She said a sum total of $2,500 out of $150,000 has been allocated to this. She said the rest of the funds are being spent on administration, office equipment, dues and subscriptions, maintenance and accounting, etc. She proposed using $100,000 of these funds plus a possible grant out of Washington to build a building the City could be proud of for these museums. She said we would have something for the tourists to see when they come here. She said it could compliment the Sam Houston Memorial Museum. She preferred this type of expenditure rather than spending it on salaries, rent, etc. She said we don't have the facilities to bring conventions into town so we should spend it on museums, etc. Council- member King expressed her feeling that the City should assume the administration of the hotel -motel tax monies and remove it from the auspices of the Chamber of Commerce. Councilmember Hodges noted that he will not vote on this item because heis President of the Huntsville - Walker County Chamber of Commerce, but that he does feel it is a good, clean contract. He said the City always has the final say because of the budget procedures. He said the Tourist Bureau must present their annual budget to the City by July 1. He said the Council can disapprove that budget. He noted he personally favors the con- tract. Councilmember Monday felt the Council should be a close custodian of these tax dollars. She felt it does have this opportunity in the budget. She noted she is working closely with the museum projects Councilmember King mentioned and said a number of elements throughout the city are involved to see that they come to fruition, hopefully in 1986. She noted there are committees working in all three areas. She said the Council will have the opportunity, if it sees fit, to provide funds from the hotel -motel taxes for these other projects. She endorsed this contract, noting it is a vehicle over which the City Council still has control. Councilmember McGlothen noted with reference to the Black History Museum, that he is working through Senator Kent Caperton and the Texas Historical Commission as well as the State Arts Commission and the Human Relations Commission. He felt with these resources Huntsville was sure to get its museum. He noted he chairs the honorary committee of this organization and it consists of all state and national representatives. He noted too that they would like all the help they can get and he appreciated Councilmember King's efforts in this regard. Mr. Bob Tavenner, Chairman of the Tourist Council and a Chamber Director, agreed with Councilmember King that a Black History Museum is needed and that a Prison Museum is needed. He felt these are additional attrac- tions that can bring visitors into Huntsville and this is what tourism is all about. He noted the Tourist Council wishes to work with the city to achieve those types of things. Mayor Mash then called for a vote on the motion on the floor. Councilmembers Monday, Corley, McGlothen, Davis, Brown and Mayor Nash voted FOR the contract. Councilmembers Dowling and King voted OPPOSED to the contract. Councilmember Hodges abstained from voting. The motion therefore passed to approve the contract with the Chamber of Commerce for three years. CITY MANAGER'S REPORT - -GENE PIPES Christmas Decorations Fund Gene Pipes noted the City is in receipt of its first check from the Disabled American Veterans organization in the amount of $25.00 for the Christmas Decorations Fund for the downtown area. Interagency Meetings MAYOR'S REPORT- -BILL NASH Advised the Council that he has had discussions with tir. Jim Estelle regarding the sewage problems with TDC and has reviewed the City's association with the University regarding advertisement of SHSU with Dr. Bowers. He noted he would keep the Council informed of any new developments along these lines. ADJOURNMENT Ruth DeShaw, y ecretary March 9, 1983