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MIN CC 11/14/19891 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 535 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF NOVEMBER, 1989 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 6:00 P.M. The Council met in a regular session with the following members present: Jane Monday 0. Eugene Barrett City officers present: Gary Bell James L. Carter Gene Pipes, City Manager Ila G. Gaines William B. Green Scott Bounds, City Attorney William L. Hammack Percy Howard, Jr. Ruth DeShaw, City Secretary William H. Knotts, Jr. CONVENE AND RECESS INTO EXECUTIVE SESSION The Mayor and City Council met in a formal session at 6:00 P.M. and immediately recessed into an Executive Session to consider real estate acquisition matters, as follows: 7th Street tract and Town Creek at Avenue I. At 6:45 P.M., the Mayor and Council reconvened in formal session. Mayor Monday noted the Council will be reassembling in Executive Session after the formal meeting to complete its discussions. At 9:05 P.M., the Council did recess to resume the Executive Session discussions. No action was taken as a result of the Executive Session. No other items were discussed in this session. The Executive Session was concluded and the meeting adjourned at 9:40 p.m. CITIZEN INPUT /INQUIRY SESSION Stephen E. Davis. 101 Wood Forest Lane. Westridae 291 -1167 Dr. Davis said he is a citizen of Walker County but not of the City of Huntsville. He said he is here to talk about the Tourism Agreement that will be brought to the Council this evening for its consideration. As a director [of Public Communication Division] of the Chamber of Commerce for the last year and for the next three years [as Director of the Legislative Division], he hoped the Council will seriously consider not only extending the Tourism Contract, but to give serious consideration to the three year extension, which was in implementation about two to three years ago. He said this gives the Chamber the latitude to do several things that can be done that the City will really appreciate. He said it gives the Chamber the latitude to plan, to budget, to look into the future. He said the Council has transportation goals and has one year, five year and ten year plans. He said these are very appropriate. He said the Chamber has been associated with the City for many, many years and it is not a "taken for granted" agenda just as each of the Council is not taken for granted. He said it is reviewed every year, studied every year, and presented to the Council every year in an very organized and legal fashion. He said the Chambers of Commerce are known throughout the nation as being "the mechanism" through which the cities seek tourism advice. He said he was on the phone the other day seeking tourism advice from another city that he plans to visit. He said he didn't call the city and he didn't call the county, he called the Chamber of Commerce, not because he was going to be here this evening, but because that is where he wants to get the information about tourism. He said they were very helpful and gave him everything he needed. He said this is where people call and this is the mechanism people have. He said it needs to be carefully scrutinized, but also needs to be worked together in a uniform, cooperative message. He said he hopes the Council seriously considers and endorses its passage. FORMAL MEETING RECONVENED Mayor Monday then reconvened the formal session. Councilmember and Mayor Pro tem Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE MEETING OF OCTOBER 24, 1989 Councilmember Barrett made the motion to approve of the minutes of Tuesday October 24 1989 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 536 CONSIDER THE MINUTES OF THE MEETING OF NOVEMBER 3. 1989 Councilmember Barrett made the motion to approve the minutes of November 3. 1989 and Councilmember Howard seconded the motion. Discussion: Councilmember Knotts then requested that his discussion be included in these minutes, as follows. He said he was embarrassed by the letters written on City of Huntsville letterhead to the the owner of the Huntsville Item concerning the editorial of October 24, 1989. He said when Mr. Pipes informed him in a telephone conversation of the letters, he assumed the letters were sent to the local office of The Huntsville Item and not to the headquarters or home office. He said if the minutes of the Council Meeting of September 5, 1989, accompanying the letters, was to construe that he had made a motion, seconded by Jim Carter, to authorize the City to use any method of cleaning the Bush - Miller Park, that was wrong. His motion, he said, was for the City to accept the terms of the lease proposal. He said the editorial and opinions of The Huntsville Item were not a problem of the Council and he does not concur with the letters and does not want his name connected with them. He said if the Mayor and City Manager have a personal problem with The Huntsville Item and Mr. Heiland, they should address it personally and not use the City Council as a forum for redress. Mayor Monday asked if there was anything else. Councilmember Green noted it might be well, if the Council is going to include Mr. Knotts, statements in the discussion, that the entire discussion that was recorded in about three statements in the prepared minutes be included as well. Mayor Monday agreed. She said since Councilmember Knotts has brought this up, she would like to have Mr. Bounds respond as to his actions upon that letter. She said she will then read the letter publicly into the minutes, and will provide the accompanying documentation so that it can be entered into the minutes as well. City Attorney Scott Bounds advised that the city did not have a complete transcript of the minutes of the November 3, 1989 meeting. Mr. Bounds said as he indicated to the Council at that meeting, he did take it upon himself to write a letter to The Huntsville Item and the owners of The Huntsville Item addressing an editorial of October 24, 1989, because that editorial, in his opinion, basically indicated that the City Council had violated the Texas Open Meeting Act, that the City Manager, Gene Pipes, had conspired to do something to avoid it, or that he may have acted without legal authority in cleaning or bulldozing the Bush - Miller Park. Given the circumstances that existed, he said, he felt that those accusations of illegal conduct on behalf of the city were inappropriate. He said he addressed that matter as a result of a conversation with the Mayor and Mr. Pipes and he copied the Mayor and Mr. Pipes with the Letter that he sent to the owners of The Huntsville Item. Mayor Monday then read the content of this letter into the minutes, as follows: Dear Owner of the Huntsville Item: The Mayor of the City of Huntsville has expressed concerns to me about the Item Editorial on Tuesday, October 24, 1989. In that editorial your paper incorrectly states that a particular City project "never was discussed at a public meeting until councilman Jim Carter, along with councilman Bill Knotts, questioned the unplanned and destructive nature of the work" at a council meeting which was held on October 10, 1989. The editorial also asserts that "Pipes simply took it upon himself to send in bulldozers.11 As a matter of fact and public record, the City project was discussed at a joint public meeting of the City Parks Board and the Huntsville Natural and Cultural Resources, Inc. At that time the City staff discussed the project, and specifically mentioned the use of a bulldozer. Moreover, at another public meeting on September 5, 1989, which was attended by a reporter of the Item, the City project was discussed and approved by Council. Finally, at the public L MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 537 meeting on October 10, 1989, Council voted (6 -2) to direct the City Manager to continue the project. Based upon the incorrect facts, the Item editorial then makes three unfortunate assumptions: 1. that the City Council violated the Texas Open Meetings Act; 2. that Pipes contacted a majority of Council to violate "the spirit" of the law; or 3. that Pipes acted without Council direction. All three assumptions were simply wrong. In my opinion, it is irresponsible for The Huntsville Item to accuse the City Council of violating the Texas Open Meetings Act even based upon its misinformation. The accusation borders on maliciousness, however, given the facts. The records of three public meetings and the notes of two meetings attended by the Item's own reporter reasonably should have been examined or considered by the Item prior to making an allegation of violation of the law. Compliance with the Texas Open Meetings Act is a matter of serious concern to myself, City Staff, and City Council. We would appreciate your paper making a reasonable inquiry prior to asserting possible violations of that law. Sincerely, Scott Bounds, City Attorney. Attachments: Editorial, Minutes of public meetings. cc: Mayor Monday, Thompson Newspapers, Ltd., Toronto, Ontario, Canada; Thompson Newspapers, Ltd., Kansas City, Missouri. Mayor Monday said this is the letter that was sent to the Item. She said she will include with this the accompanying documentation of the editorial and the minutes of all of the meetings that were referenced in it. She said she would like to put place those in the accompaniment of the minutes for documentation. She then asked if the other councilmembers have any other comments. City Attorney, Scott Bounds, advised that he has received a written response from Mr. Heiland with regard to his letters and he has talked about that correspondence with Mr. Heiland. Councilmember Bell noted as we are reconstructing the minutes for that meeting, he does remember making some comments himself. He summarized them briefly as follows: He said he strongly supported what the City had done on the park and made the point that several local residents had contacted him indicating they were pleased to see the removal from the park of the physical danger of the banboo thicket. He said he reminded the Council that the park was covered heavily with bamboo thicket, and in his judgment, one of the few ways to clean it up was with tractors. He said he believed the Council acted appropriately and that the City Manager also acted appropriately. He expressed reservations about the letter that was sent to the The Huntsville Item's owner. He said, he asked Mr. Bounds what point we hoped to accomplish by these letters, and Mr. Bounds replied it was a matter of legal concern, and thus he needed to contact the owner of the paper because of the legalities involved. He asked Mr. Bounds if this recollection was correct. Mr. Bounds said his basic statement was that when the Item accuses the City Council of violating a law, that is a matter of which the City should have some concern and of which the owner of the paper, which is making those accusations, should also be aware and be concerned. Councilmomber Bell said his next point was that he would prefer if there were an accusation made against the manager, and as he remembers, the phraseology was that the city manager was a "loose cannon," that we ought to reply in public forum and we ought to reply in the editorial section of the paper through a letter to the editor. He said he offered to write that MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 538 etter and it was discussed and the Council believed it was not a good idea. He asked that this particular art of the exchange be added to the minutes. Councilmember Carter, while he was not in attendance at this meeting, said he is in support of ncilmember Knotts' comment. He said he was informed of the letter after it was written, while attending TML Meeting in San Antonio. He said he had not seen the letter and did not know what was in it until ight. He said he would like to go on record as not being a party to mailing it nor to the sentiments ressed in it. He said it does not speak for the City Council, as far as he knows. Councilmember Barrett said it was mentioned at the November 3, 1989 meeting that this was something hat the City Attorney should address, and it didn't have to be approved by the City Council because it as his official duty to respond to this concern. Councilmember Carter said, however, this discussion took Lace after the letter was sent. Councilmember Carter asked Mayor Monday if someone could comment from the audience. Mayor Monday id: "We are in our formal session." Mayor Monday then asked if the Council had any other motions or endments. She then asked that these amendments be accepted by those who made the motion Councilmembers CONSIDER PRESENTATION OF PROPOSED CONTRACT FOR TOURISM SERVICES Ms. Dee McFarland introduced Chamber volunteers: Dr. Mary Frances Park, Tourist Council; Robert cCann, incoming Vice Chairman of Economic Development Division and local motel owner; Dr. Bob Marks, the 990 Chairman of the Board; Toni Bruner, Tourist Council Vice Chairman for 1989 and active member of Tourist ouncil; Virginia Moore, local motel operator [Home Place Inn]; Walt Moore, local motel operator [Home Place nn] and Tourist Council member; Steve Bullard, Tourist Council member and operator of University Hotel; eraldine Dickerson, Tourist Council; George Franz, past Tourist Council member; April Williams, Chamber ffice Manager; Karen Walsh, part -time receptionist; Bette Nelson, active Chamber board member [Membership ivision Director] and Tourist Council member; Kathy Kessler, Chamber administrative assistant; John eynolds, Chamber board and past chairman; Faye Reynolds, Chamber supporter; Guy Klingensmith, 1990 Tourism hairman; Don Kraemer, strong supporter of tourism program; and Steve Davis, Chamber Director for e9islation. Ms. McFarland advised they are requesting approval of the proposed tourism contract for services he Huntsville - Walker County Chamber of Commerce and the City of Huntsville have had under contract since 985. She said it has been a very mutual and benefiting relationship between the two entities; noting espite the ups and downs of the economy, there has remained a constant and very concerted effort between he two entities and this community to further promote tourism and to make it much more of an industry in untsville and Walker County. The Council was advised that 1989 has been a very successful year for the Tourism Division as many their major goals have been accomplished. Ms. McFarland shared some of the objectives of the 18 member urist Council, as well as their tactics, strategies, and accomplishments, all of which are very actively sported by the Chamber Board of Directors, and on which five Chamber staff members and countless local lunteers in the community have been working. She said the 1989 -90 strategies are: 1) advertising and rketing; 2)-visitor inquiry responses; 3) new and existing permanent attractions; 4) promotions and ordination of annual /special events; and 5) meetings, conferences and conventions. 1 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 539 In relation to Advertising and Manufacturing, Ms. McFarland said the Chamber has coordinated some monthly reports and correspondence with people at the Texas Department Commerce, the Texas Highway Department, the East Texas Tourism Association and numerous regional and area locations. These reports are in constant supply at all of the Texas Tourist Bureaus where motorists enter the state, she said. They have done extensive print advertising, including three billboards, donated by Mr. Dan Leasure [a $20,000 annual Lease value], with the only cost being $1,500 in print work, with the artwork being donated by Mr. Leasure as well, she noted. Ms. McFarland noted they have displayed in at least four travel shows this year and were represented through at least ten more through their other associations. Concerning 'Visitor Inquiry Responses," Ms. McFarland said the Chamber serviced and the staff responded between January and October, 1989 to well over 750 written requests about Huntsville [requests for maps or those that required research], noting there is never a letter that isn't answered. The staff also responded to over 450 visitors who came into the Visitor and Information Center in that ten month period during office hours, she noted. The Tourist Information Bureau [stocked with brochures, maps, attraction Literature, telephone books, newspapers, etc.] is open after hours, she advised. In regard to "New and Existing Permanent Attractions," Ms. McFarland said they have close and constant allies with the Sam Houston Memorial Museum, the Texas Prison Museum, the Gibbs Powell House and other attractions and have a much closer than ever relationship with the University system. She said they have also established some very equitable standards and procedures for financial support for different new and existing attractions that need the Chamber's assistance which is a real priority in 1990. She said they assisted with the opening of the Texas Prison Museum and there were many of them who were there until midnight setting up displays. She said they assist in the promotion and coordination of annual and special events and help regionally advertise such events as the East Texas Folk Festival; the Fair on the Square; the Walker County Fair; the Walker County Fall Festival and other Walker County Fair Association events; the Old Time Christmas Celebration; Parent's Day; Student orientation; East Texas Children's Choral Festival; etc. She said they have participated in special events such as the BC Basketball Camp and the opening of the Texas Prison Museum. She said they made some long range goals for a lot of different conferences and meetings in the City by assisting in the solicitation, promotion, services, meetings, conferences, etc. She said they have a great market out there for some small meetings and some that are potentially very large. Huntsville has a wonderful fairgrounds and some existing motels that have some excellent meeting facilities, she noted. The University has excellent meeting facilities and the Tourist Council wants to keep those places full and wants the people in the motels, restaurants and attractions to specifically see this community as a beautiful one. Ms. McFarland said they have recently bid on conferences in the community and have an upcoming Texas Forage and Grassland Council Conference that will be coming in December [250-300 people]. She said the National Center for Missing and Abused Children Conference was held here recently for which Huntsville received National press recognition. Ms. McFarland said they expect a lot more of these things to happen. She noted because of the interrelationships of Huntsville's excellent C.J. Center, University, Texas Department of Criminal Justice and Prison Museum are really opening some doors. She said the Chamber also helps out on special events and in servicing some special conferences, such as the Southland Conference Spring Festival [610 athletes were here for a week], noting the Chamber was with them a Lot in servicing, advertising and promoting. She said some 350 street rudders came to Huntsville this year and had an excellent meeting at the Fairgrounds where they displayed their vehicles. She said Huntsville has also had some antique car rallies recently. She said they also hope to have the Great American Race come back. The Council then reviewed a chart giving an overview of the strategies, showing the amount of dollars and the amount of time spent. She said the Council can see where the advertising and marketing time and money go and the relationship of those to each others is very important. She said all the hours spent were carefully accounted for tourism this year, including her time as coordinator, the support staff and the volunteer hours. She said these hours in no way reflect the entire staff, but reflect the receptionist's desk and her time. Ms. McFarland then reviewed and commented on the 1989 Strategies and Tactics Chart. MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 540 Ms. McFarland said the Council wanted an 80% coordinator for tourism. She said they have refined the chart so that 100% of that 80% is earmarked. They felt they might spend 15% of their time in advertising and marketing, or 240 hours, but have already spent an actual 414 hours [they physically went to the Valley to market Winter Texans and did a Lot more with their resources than they thought they possibly could]. She said the visitor inquiry and coordination costs require about 20% of her time, or 320 hours, and she has spent an actual 272 hours so far, but the support staff and volunteers have spent 604 and 968 hours, respectively, on visitor inquiry responses, filling the needs of whatever inquiry is received [in person or through the mail]. She said this takes a Lot of time and a lot of volunteer time, noting special events are to be considered here as well. She said out of a budgeted 1600 hours in her position, they have already spent 1393, and out of a 1,000 hour budget in the support staff, they have already spent 921 hours. She said out of the volunteer support staff, they budgeted 3600 hours and they are already at 3,000 hours now and expect to spend a lot more before the end of the year. She said what the Council is seeing here is a lot of people's commitment to what tourism is all about. She said they do it because the Chamber asks and sometimes they don't even ask, and they come to help. She asked the Council to keep in mind they have one very specific overall objective and that is "to establish a Dublic-Private Partnership to aggressively develop tourism as a major industry in Huntsville and Walker County." She said they feel as if they have only just begun. Mr. Don Kraemer to present Droposed contract for tourism and an annual budget for 1990 to implement the contract Mayor Monday clarified with the Council for their concurrence that the Council should receive information this evening, ask questions, and then she will call a Tourism Subcommittee Meeting of the Council this week to also ask questions and to visit and then this will be discussed again in the next council meeting for adoption. She noted it is not anticipated the Council will adopt anything on this tonight. Mr. Kraemer advised since Huntsville began collecting hotel -motel occupancy tax, there has been a contract between the City and the Chamber for the Chamber to administer either all or a portion of the hotel -motel occupancy tax that is collected by the City of Huntsville in the area of tourism. He said that has been a three year contract renewable for three years. He said this eventually became a continuing three year contract, however, the last three year contract has been allowed to terminate and this year they have operated on a one year letter agreement. He said the Tourist Council is requesting that the City and the Chamber enter into another multiyear contract, either a two or three year continuing contract. He said the Tourist Council feels this is necessary because of the need to do advance work, such as advertising, promotion of events in order to get the space, the ads, the promotions and in order to get the convention, etc. He said the Tourist Council is being asked to make commitments to people, not only of time, but also of money far in advance of the year in which it is operating. He said it places the members in an uneasy position to make decisions and commitments for the following year or two years when they are not under any type of a contract. He said if they go into the multiyear contract it should be reviewed annually so that changes can be made annually. If a multiyear contract is made, the Tourist Council will not be limiting the City Councils right to propose and approve and adopt the Tourist Council budget, he said, as the City Council will annually control the budgetary funds. He said he doesn't want to make it sound as if the Tourist Council has committed an $80,000 budget three years ago and therefore the City Council does not have any say so as far as this budget because they have already committed those funds; they do not commit a large percent of those funds, noting they do need to make commitments in that particular area. Mr. Kraemer said the Tourist Council wants to assure the City Council that the hotel -motel occupancy tax funds collected by the city that Pass through the Chamber "are not used to underwrite the budget of the Chamber of Commerce and are not used for the day to day operations of the Chamber 01 He said they propose this budget in three different ways: the actual 1989 budget that was adopted, $80,000, and the various categories funded by that amount; the proposed 1990 budget for those same categories in the amount of $90,000, some $10,000 more than last year, and a refined budget to split out the direct program costs of the f1 L MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 541 various categories and the personnel costs directly related to that category. He said in tourism, the servicing of conventions, solicitation of conventions and solicitation and servicing of tourists to Huntsville, is labor intensive. He said some of the things the Tourist Council does costs very little in dollars, but costs a lot as far as people hours are concerned. He said this breakdown shows where staff costs are allocated directly into the program budget itself; i.e., in advertising and marketing, the proposed budget for dollars spent is $16,000; personnel costs involved in this area will be $7,100, so that the Council will actually be spending $23,100 in the area of advertising and marketing. He said this is further broken down for all the categories. Mr. Kraemer said then they have isolated the personnel costs themselves as they will be direct expenditures of the budget dollars for staff at the Chamber. Mr. Kraemer then compared this year's budget with last year's budget. He said in the past, three - fourths of the hotel -motel occupancy tax collected by the city was passed on through that contract to be administered by the Chamber. He said because of the fluctuations Huntsville was experiencing, particularly the downturn in those dollars, a new agreement was reached last year - -the one year agreement under which we are operating- -where the City essentially said they would guarantee the Chamber will receive at least a certain amount of money to expend in the area of tourism and promotion. He said fortunately, those collections of hotel -motel tax dollars have exceeded the amounts that were budgeted for 1989. He said in reviewing this with the city, they believe a $90,000 figure is a very conservative figure as far as 1990's collections are concerned. He said they have increased the budget by $2,000 in the area of Advertising and Marketing; slightly decreased it in Visitor Inquiry; a significant percentage increase in Permanent Attractions; an increase in Annual Special Events; and a small increase in Conference Solicitation. He said some increases are just additional monies they would like to spend in those areas. He said in expending monies for Advertising and Promotion, it can be somewhat of a bottomless pit, noting if they are furnished four million dollars, they can definitely spend that amount in advertising and promotion. He said they previously spent a considerable amount more money than what is proposed because they had more funds available. He said they wish to increase the exposure of the city and the permanent attractions and the special events that are being held in Huntsville; especially, the walking and driving tours. He said for the initial costs of those, the Council budgeted an additional $5,000 to $6,000 to cover those costs. He said the Tourist Council will reprint the travel guides that were used. He said if they don't put the tour guides out, they won't have anyone using them. He said if they don't have the funds to put those out, then they won't have people using them either. He said they will have to reprint and that is one reason for the increase in funds. He said they will be expending about $1,500 on three billboards donated by Dan Leasure [one near Madisonville to the north; and one beside the Gulf Coast Trade Center to the south]. The Council was advised the Tourist Council hopes to come to the Council in the near future to make a proposal that some additional funds be expended from the reserves or contingency funds of the hotel -motel occupancy tax to be used to promote some of the permanent attractions. He said they hope to have things for people to see any time they come here, such as the Gibbs Powell House and Prison Museum. He said they are somewhat limited on the use of the House and Museum because they are open only on weekends and on special designated dates. He said they have budgetary problems as far as opening those attractions for other times in the week without some kind of funds available to assist them. He said if they are not open, people are not going to be coming to see them. He said the Tourist Council has requested that the Prison Museum Board and the Walker County Historical Commission get together to out together a Proposal that would allow the Gibbs Powell House and the Prison Museum to be open some time during the week Perhaps on a Friday or a Friday afternoon. Thursday afternoon, etc. He said they would be staffed by volunteers as in the past and essentially the costs would be utilities. Mr. Kraemer said what they would like to do is to come back to the Council, if feasible and present to them a Proposal that they assist them by funding those additional costs they will occur by opening up during the week, either for a six month trial period or a one year period of time, or whatever is feasible and that they can afford. He made it clear that this is what the consider to be seed money and not something that would continue on year after year and that is why they are Looking at the reserve fund in order to fund this. He said it is something they would be able to use to get those attractions open, and hopefully by doing that, they will be able to generate additional funds for those organizations in order to keep them open themselves on an ongoing basis. But, he noted, this is not a MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 542 art of this particular budget, but is something they will bring back to the City Council in the near uture. Mr. Kraemer said they believe the increase is workable, attainable and reasonable and that the dget for personnel is one that is extremely conservative when considering the number of people hours that e expended in coordination and staff support for tourism activities. He said it is mostly because of estions that have been raised by the City Council in the past that the staff at the Chamber involved in urism has kept detailed records this past year, on a daily, weekly and monthly basis, of the time they ve expended on tourism [January 1, through October 311. Those records reflect that Dee McFarland spent % of her time directly in tourism. April Williams has spent 43% of her time - -25% of that in the area of ograms - -18% in the area of accounting; and the receptionist has spent 74% of her time, particularly in sitor inquiry. Mr. Kraemer noted this is the proposed budget. He asked if there were any questions. Councilmember Carter clarified that he is pleased with Ms. McFarland's work at the Chamber, so thing he is about to say should be construed to have anything to do with that. He said he feels the anges in the Chamber over the last year indicate we may see some progress in the Chamber in the next few ars. He said he did receive a phone call today from a member of the Prison Museum Board who was not rticularly Pleased with the record of support by the Chamber or the Tourism Division He said since this s mentioned in the report tonight and the Tourist Council plans to do more in the future, what he is ssing on to them now is that there is dissatisfaction there, at least with one member of the Prison Museum Councilmember Carter said the other ongoing criticism he hears of this program for permanent ractions is the Gibbs Powell House. He said while he does not talk with everyone involved with Gibbs ell House, he does talk with some of them, and noted a dissatisfaction among several members of the _ He said he is hearing the Tourist Council say it is going to do these things, but he is just telling that some members are not pleased with what has been going on and don't have a great deal of faith that change will take place in the future. Mr. Kraemer said he has been on the Tourist Council for a very long time, and they have discovered ver the years that it is very difficult to satisfy a large number of people in the area of tourism. He aid tourism can be a bottomless pit and there are just not enough funds available to them in order to fund 11 the things it would like to fund. He said there are many organizations in this community that have very orthy and worthwhile projects that they would like to fund 100% if they could, but that is impossible to D. He said the philosophy they have developed and attempted to follow over the Years is that they review a an. He said generally speaking that money is going to be some seed money to help get them started. He aid part of this philosophy, when we don't have the money, is that if it can't support itself eventually, hen it probably isn't worth having; although this does not apply in every circumstance, but they have to ook at this with this philosophy when they are allocating those funds. In addition to this seed money, he aid, they do expend funds for advertising and promotion. He said they have reviewed many, many proposals nd lots of groups and organizations ask for $4,000, $5,000 or $10,000, etc., but it has been their position hat they can't do that because they are directly accountable for these funds and they want to make sure the unds are spent in a particular way. For example, he said, before they bring back their proposal to pay tility bills or a portion of them for the various permanent attractions [i.e., Gibbs Powell House and rison Museum], they will request an opinion from Mr. Scott Bounds, City Attorney, and the opinion of the ouncil to insure that the Tourist Council can expend the funds from the Hotel -Motel Occupancy Tax in this 1 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 543 particular way. He said this particular expenditure doesn't necessarily fit in the blanket reading of the statute. Dee McFarland, in answer to Councilmember Carter's comments, noted that it is difficult to fill the needs of those who do not tell them what they want. She said they are guessing if they try to go out and do for these attractions what they haven't asked them to do. They know the Tourist Council meets monthly, she stated, and both of those organizations have had representatives on the Tourist Council and they know where it stands and they know where there is support. She said she is on the telephone once a week with the President of the Prison Museum and also with Gibbs Powell representatives. She said if there is something specific they need addressed that hasn't been, it may be they haven't asked. She said they have asked the Prison Museum on numerous occasions to please come to them because they want to help and to tell them specifically what they need. She said they told them the Tourist Council cannot just hand them dollars to make the Prison Museum function because it would be against the law. She said they have asked how they can market them and how can they do the things they can legally do. She said they cannot market something until they have a product and they don't have a product until they have the door open. She said the Tourist Council is more than willing to help each of those permanent attractions, museums, etc. if they know what they need, but they cannot always see what their needs are unless they are sitting in on all their meetings. Don Kraemer stated the 1989 amended statute attempted to clarify how these funds could be expended. Essentially, he said, these funds are supposed to be spent directly in the promotion of tourism and to have people occupy beds in motels and hotels. He said the Tourist Council developed a form for people or organizations to use to make proposals to the Tourist Council, which urges them to have their proposals in early and to indicate what they anticipate they are going to do for tourism in Huntsville for these funds. Councilmember Carter said the only reason he has heard for this multiyear contract is that the Tourist Council would feel uneasy in committing funds ahead that it might not get or have, and he can understand that. He asked for the one year track record as to how much money is involved that would necessitate a commitment over two or three years rather than one year. Dee McFarland said the needs change on a year to year basis and this is why they are talking about looking at two to three years. She said five, six, seven years ago, they were working very extensively with the East Texas Tourism Association and it was totally different then. She said they have changed their direction with that and moved into some different things. She said as far as the funds go for events, most of the time when they bid a contract for an organization, it entails a commitment of no earlier than next year and probably two years later. Most organizations plan two years in advance, she said. She said they are just trying to long range plan the same way the city does. She said six months ago, she had to make a commitment for 1990 advertising that is going to print in December. Mr. Kraemer said they do not have statistics that would say how many dollars they committed by May 1 of this year for next year. He said as an example, they committed $1,700 to be expended through SHSU for subscriptions to a magazine called "The Huntsville Connection," which is going to be produced by Sam Houston State University. He said some other cities have beautiful slick looking magazines in their hotel rooms telling everything one would want to know about their city and more and what the visitor could do that particular week. He said Huntsville has never been able to do that sort of thing. He said they are still not going to be able to do that because that is extremely expensive. He said this $1,700 essentially gets the Tourist Council 1,000 magazines. He said that amount is 2% of their budget for next year, just for 1,000 magazines, and they still won't be able to put them in every motel room in the city. He said they had to commit those funds because SHSU had to have a commitment or it couldn't put it together and publish it. Councilmember Carter asked how many brochures the Chamber Printed last year. Dee McFarland said there was a trial printing of 3,000 of each of the three different tour brochures printed. She said they very carefully give these out and they are not placed everywhere. Councilmember Carter asked about the brochure that was printed in a larger quantity. say 10,000 or ' 15,000. Ms. McFarland said that brochure will be in good supply through next year at least. She said this brochure is consistently given out at the MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 544 Texas Tourist Bureaus which are one of their bigger sources of distribution. Mr. Kraemer said he works as a volunteer at the Prison Museum from time to time and it would be nice if they could have a brochure board there so that the people who come in to see the Prison Museum could also pick up copies of those particular tours. He said they are hesitate to put them out because many people just pick up brochures and do not use them, but at the same time, they really have to have them there in order for people to use them. They are currently not there because they just don't have enough available, he said. Councilmember Carter noted the Tourist Council has a Problem with usina money for utilities for the Gibbs Powell or at the Prison Museum but it has utilities listed in the budaet for the Chamber. He noted he assumes the law makes a distinction there. Mr. Kraemer said these are funds needed to administer a program. He said just as the city contracts with some third party to build a street or building, a portion of that money is used for overhead. Essentially that is what the Tourist Council is doing as far as utilities and physical plant are concerned, he said. They are simply allocating a portion of those costs to the tourist budget, he said, and the statute specifically provides that the city may contract with a person or entity to administer these funds. He said when it talks about the use of those funds in promotion and tourism, it Limits the use of them to some extent. He suspected that they will be able to use them because it is, in essence, promoting something that is historical, but they are going to make sure that it is because the statute now says that anyone who receives those funds from the city creates a fiduciary relationship between the Chamber, in this instance, and the city, for the strict accounting for those funds. Councilmember Carter said Dee McFarland spends 69% of her time on tourism April Williams spend 43% of her time and the receptionist spends 74% of her time on tourism noting this is quite a bit of the time of the staff of the Chamber of Commerce. He asked if the Council can assume that the Chamber can or is able to continue that type of commitment over the next Year or two on just tourism Mr. Kraemer said this amount of time is conservative. He said before they lost their President, Roy Williams, he spent a tremendous amount of his time in the area of tourism, but the Tourist Council budget has never reflected any reimbursement to the Chamber for the time he spent. Dee McFarland said she cannot speak for the Chamber totally on the hours, etc., they are going to commit for them from the Board of Directors, but she said the Council can realize it is high priority with the entire Chamber Board and that in many instances a tourism Program very much coordinates with any other Proaram or division work in which they are involved This is why, she said, it has been so important for them for things like retail development, and the Texas Hospitality Program - -those things are very closely tied with their business community. She said while the Council may not see tourism programs overall to be a very big part of what they do, they are really one division of twelve that are in the Chamber. She said the staff of the Chamber work in excess of a 40 hour week, as there are lots of hours and weekends spent on different events. She said April's salary is never displayed in these figures at all - -not her salary nor her time, but it takes accounting to run that program and it takes coordination. She said every time the front desk is busy, April is constantly assisting visitors into the office. She invited the Council to come in one day to see this activity. Councilmember Carter thanked the Chamber for their patience, work and time. Mr. Kraemer emphasized again the volunteer support. He said tourism is labor intensive and the staff spends a lot of time. He said he didn't feel there is any other area of the Chamber where the council will see that number of hours expended by volunteers and this is not just Tourist Council members, but a tremendous number of people who volunteer to carry out various functions in the tourism area. Councilmember Barrett congratulated Mr. Kraemer and the Chamber for all of the work they do in tourism. He said he goes all over the state to dental meetings and he hears about Huntsville this and that and it is not all just the prison. He feels they are doing a great job and he commended them for their promotional work. He said he appreciates all of them coming to the meeting tonight. Councilmember Gaines said we need to realize that no program or contract is any better than the people who operate it. She said they have a wonderful volunteer effort and it is a tremendous effort on the part of so many people, noting it is not just dollars, but hours and commitment. She said they should 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 545 certainly commend the staff and the board and all those who serve. She said she has seen this in the Chamber and in the East Texas Folk Festival - -the wonderful volunteer spirit in Huntsville is tremendous. She said this program and contract is MORE than money, it's all the people and all the good spirit and the willingness to work that makes things happen in Huntsville. She said it is for everybody in Huntsville and everybody benefits in one way or another. Councilmember Green noted it has been his observation that the Tourist Council has done a super job in all their activities. He felt their budget is more scrutinized than any other budget in the city. He said if the Council would spend this much time on the other budgets, he is sure they would never get finished. Councilmember Green said he would like to suaaest that the contract be a three year ongoing contract, reviewed annually. He felt it would be functional for the Chamber and to the benefit of the city. Councitmember Bell thanked the Chamber for the increasingly sophisticated accounting the Council is receiving. He said he is most impressed with the volunteer hours, noting it is a fairly large number of contributed hours for a very worthwhile project. He felt many of them did not realize the number of contributed hours that goes into the tourism effort. Councilmember Bell then suggested a tourism director be hired on a 100 Percent basis. He said he honestly felt this would be a cleaner and a more accountable change and we could count the time much more easily if we had a 100% tourism director. He said this is the only quibble he has with the contract and the presentation. Councilmember Barrett disagreed with Councilmember Bell as he didn't feel they needed a 100% person for that job because the Chamber of Commerce has, as one of their main functions to Promote tourism and it overlaps into all of the different areas. He said he didn't think we could get lust one person because if there is not a tourism problem, they don't do anvthina else. He felt it works better when it is all ioined together in the areat overall Program that the Chamber presents Councilmember Gaines said we are really Bettina 2000 percent the way it is now. Mayor Monday said with the permission of the Council, the Council Tourism Committee will meet this week and the city will bring this beck next week for further discussion and action. Mayor Monday thanked the Chamber and each of its members, particularly for their flexibility. She said she has been working on the Council now for 11 years and she has seen this program develop in a number of ways. She said it has evolved according to the needs on a daily, monthly and yearly basis and then in long range planning. She said five years ago we did not have a Prison Museum, although it was a dream. She said the Gibbs Powell House was just barely becoming a reality at that point, she said, and the East Texas Folk Festival [now the Sam Houston Folk Festival] did not exist, the Old Time Texas Christmas did not exist, and the tours did not exist. She said what she sees the Chamber doing is meeting Huntsville's evolving tourism industry and to facilitate its needs and to grow with it and to bring with it that volunteerism that simply makes it happen. She said she is particularly grateful for that. She said she feels very confident having this program with the Chamber, because they are the ones in tune with this community and what is happening and they are making this industry, in her opinion, perhaps the strongest economic development tool we have today. She said it is exciting and she is looking forward to the next year. Mayor Monday noted again this item will be on the agenda next week for action. She asked the members of the Chamber of Commerce to return at that time in order to field any additional questions that may arise She then thanked them again for attending this meeting. CONSIDER APPRAISAL DISTRICT BOARD MEMBER -- RESOLUTION Consider Resolution No. 89 -12 casting a ballot for the Walker County Appraisal District Board of Governors Mr. Pipes, City Manager, presented the official ballot to select a Central Appraisal District Board of Directors for 1990 -1992; the candidates are John Amick, Fred Cherry, Ralph Lawson, William Nash, Robert Oliphant, J. S. Robinson, Joyce Robinson, Robert Smith and Larry Waller. Mr. Scott Bounds, City Attorney, advised the City has a total of 704 votes that it can cast; noting 876 is the minimum needed to elect a MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 546 candidate. Councilmember Knotts made the motion to cast all of the city's 704 votes for William V. Nash and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. Mr. Pipes, City Manager, then presented the resolution, the caption of which is as follows: RESOLUTION NO. 89 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATES) TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO Councilmember Howard made the motion to adopt Resolution No. 89 -12 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ARTS CONTRACTS Consider contracts for services between the Texas Commission on the Arts and the Huntsville Arts Commission for assistance in subarantin9 for the facade design project in the downtown area in the amounts of $2,102.00 and $6,270.00. respectively. Gene Pipes, City Manager, presented two contracts for work to be performed during the period October 1, 1989 and August 31, 1990 concerning the continuation of the major art project with Richard Haas for the downtown area and to accomplish stage two of the trompe l'oeil painting project, begun under a Challenge Grant from TCA /NEA, to transfer the drawings to large scale 1/2" to 1" drawings of the storefront designs for those property owners who are willing to have their buildings painted with trompe l'oeil designs or to provide for a consultation with a restoration architect where that has been the recommendation of Mr. Haas, in the contract amounts of $6,270 and 52,104, respectively. After some discussion for clarification_ Councilmember Barrett made the motion to approve of both contracts and Councilmember Gaines seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BUDGET ADJUSTMENTS Consider the budget adiustments for the fiscal year ended September 30 1989 Mr. Pipes presented the budget adjustments for the year ended September 30, 1989. After a review by CONSIDER BUDGET REPORT Mr. Gene Pipes, City Manager, presented the budget report. After a review by the Council. CONSIDER REQUESTED ENCUMBRANCE ITEMS Mr. Pipes presented a list of all of the outstanding purchase orders and budget allocations for jects that have not yet been expended for the year. It was noted the FY 89 -90 budget would be increased these amounts which are monies that were budgeted in FY 88 -89, encumbered, but to -date payments for same e not been made. After some questions for clarification. Councilmember Gaines made the motion to approve I MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 547 CONSIDER REPORT ON TAX COLLECTIONS Consider a report on tax collection for FY 88 -89 and the September and October monthly tax reports Mr. Pipes advised collections for the fiscal year ended September 30, 1989 were $1,446,383.93, or 95.08 percent of the total levy. He noted the prior year collection percentage was 92.47. The Council was advised total delinquent collections for FY 88-89 are $91,551.55 and that the total delinquent outstanding taxes as of October 1, 1989 are $304,942.10. Mr. Pipes advised collections for October were down dramatically from last year ($88,848.99, due primarily perhaps to the late mailing of the tax statements, which are normally mailed out in late September as opposed to October 9 -13 this year. It was noted the city's service agency [Ad Valorem Record, Inc.] failed to supply the statements on time. He noted these funds will be collected in short order and this does not represent a problem. He said these reports are provided for the Council's information. CONSIDER TAX ROLL ADJUSTMENTS Consider adjustments to the 1988 Tax Roll Gene Pipes, City Manager, presented a condensed form of the 1988 tax roll which displayed that the total credits to the 1988 tax roll are $9,400.95. He said while a detailed listing is available, he felt this condensed version would give the Council the information they need. He advised this $9,400.95 was derived from Appraisal District changes [duplicates, value adjustments, etc.]; late exemptions granted; mobile homes gone; personal property [uncollectible per the delinquent tax attorney]; and personal property [places out of business, unable to locate owners -- owners uncertain]. After a general review. Councilmember Howard made the motion to approve of the adjustments to the 1988 tax roll and Councilmember Carter seconded the motion. All were in favor and the motion passed unanimously. CONSIDER 1989 TAX ROLL Consider approval of the 1989 tax roll Mr. Gene Pipes, City Manager, presented the 1989 tax roll. He advised the total tax levy is $1,484,337.68, based on the appraised value of approximately $389,000,000. He said a detailed listing is available should anyone be interested. Councilmember Gaines made the motion to approve the 1989 tax roll and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION -- UNMARKED POLICE CARS Consider Resolution No. 89 -13 designating certain vehicles as unmarked cars for police use for official duties Mr. Gene Pipes, City Manager, presented this resolution, the caption of which is as follows: RESOLUTION NO. 89 -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. Mr. Pipes advised it is an annual requirement for the Police Department to certify for unmarked purposes the serial numbers, make and model of the vehicles, as provided in this resolution. He offered it for the Council's approval. Councilmember Green made the motion to approve Resolution No. 89 -13 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 548 CONSIDER PURCHASING A COPIER FOR POLICE DEPARTMENT Consider purchase of a copier for the Police Department under the State of Texas contract Purchase program in the amount of $11.658 City Manager, Gene Pipes, presented the Purchasing Agent's recommendation to purchase a Canon 4540 Copier under state contract in the amount of $11,658.00, to be paid with budgeted funds in the 89-90 budget. It was noted this amount includes three years of maintenance, a 20 bin sorter and the installation charge. Councilmember Green made the motion to approve of this state contract Purchase and Councilmember Carter seconded the motion All were in favor and the motion Passed unanimously [Note Councilmember Bell was not present for this vote]. CONSIDER BID FOR CONCRETE SAW Consider Bid No 90 -5 for a concrete saw for use in the utilities repairiconstruction. to Texas Superior Products Inc in the amount of $6.249 from budgeted funds Mr. Gene Pipes, City Manager, advised it is the Purchasing Division's recommendation to accept the Lowest bid meeting specifications, out of the four bids received, for one new and unused 35 hp concrete saw from Texas Superior Products, Inc. in the amount of $6,249, to be paid from budgeted funds. Mr. Pipes said this product has been tested and is now recommended for purchase. Councilmember Green made the motion to approve of this bid as outlined from Texas Superior Products Inc. in the amount of $6,249 and Councilmember Carter seconded the motion All were in favor and the motion passed unanimously. [Note that Councilmember Bell was not present for this vote.] CONSIDER EIGHT YARD DUMP TRUCK Consider Bid No 80 -89 for an eight Yard dump truck to replace a unit damaged in an accident, to Barrett White G M.0 in the amount of $32.499 to be funded from insurance proceeds and carry forward from FY 88 -89 equipment purchase budget in the Utilities Fund. Mr. Pipes, City Manager, advised of the Purchasing Division's recommendation to accept the lowest bid meeting specifications of the three bids received, for one eight cubic yard diesel powered dump truck, from Barrett White GMC of Palestine in the amount of $32,499. It was noted this is an "unbudgeted item" and represents a replacement for a truck damaged in an accident. Mr. Boyd Wilder, Director of Public Utilities, advised the City is expecting at least $15,000 from the insurance settlement. He noted funding could come from the unallocated fund balance in the Utility Department budget (balance is $50,000), or it could be funded from a $30,000 carry forward from the 88 -89 budget. He advised this $30,000 carry forward is the balance from the purchase of the jet rodder /vacuum truck, noting the City received lower bids on that equipment than expected and received a larger amount of trade in on the old equipment. Councilmember Hammock asked if the city is obligated to go outside the city to award this bid, noting he wouldn't drive a $30,000 truck 200 miles for service and that the difference is only $296 from a Local vendor. Mr. Bounds that this was bid with delivery to the City, and Casey Motors will be doing the warranty work locally on the GMC truck. On the Holland Chevrolet bid, he said, the warranty work was going to be referred out of town to either Napp Chevrolet or Child's Trucking in Houston. Councilmember Knotts asked about the other low bid from Holland Chevrolet that did not meet specifications. Mr. Boyd Wilder advised the engine did not meet specifications on that bid [$30,4101. Councilmember Knotts said if the failure to meet specifications concerned something other than the truck, such as the dump equipment, it might not be worth the $2,000 difference. Mr. Pipes agreed. Mayor Monday suggested this truck be funded from the unallocated fund balance in the Utilities Fund. Councilmember Howard made the motion to approve of the bid of Barrett White GMC in the amount of $32,499 for 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 549 one 8 cubic yard diesel Dowered dump truck to be funded from the unallocated fund balance of $50,000 in the Utilities Fund and Councilmember Green seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE- -C.O. -- REFUSE TRUCK Consider Ordinance No. 89 -35 giving notice of intent to issue a certificate of obligation for a diesel Powered front loading refuse truck in the maximum aggregate principal amount of $115.000. as planned in the FY 89 -90 budget Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -35 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR A DIESEL POWERED FRONT LOADING REFUSE TRUCK, AND MAKING VARIOUS PROVISIONS RELATED THERETO Mr. Pipes said this is a truck the city previously bid and then rejected and then began the bid process over again. He said this is the initial notice of intent to issue certificates of obligation for the acquisition of that vehicle. Councilmember Green made the motion to adopt Ordinance No. 89 -35 and Councilmember Knotts seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE--C.O.- -FIRE TRUCK Consider Ordinance No. 89 -36 giving notice of intent to issue a certificate of obligation for fire truck pumper equipment acquisition in the maximum aggregate Principal amount of $145,000 as planned in the FY 89 -90 general fund budget. Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -36 AN ORDINANCE AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE CERTIFICATE OF OBLIGATION FOR A TRIPLE COMBINATION PUMPING ENGINE (FIRE TRUCK), AND MAKING VARIOUS PROVISIONS RELATED THERETO Councilmember Green made the motion to adopt Ordinance No 89 -36 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE- -C.O.- -DUMP TRUCK Consider Ordinance No 89 -37 for a certificate of obligation awarding bid for a 12 yard diesel powered dump truck for the Utilities Department to Holland Chevrolet in the amount of $49.184 Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -37 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $49,184.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT Mr. Pipes presented the recommendation of the Purchasing Division to accept the lowest bid meeting specifications, for one new 1990 12 cubic yard dump truck, after removal of an exception by General Motors, from Holland Chevrolet in the amount of $49,184. It was noted this purchase was approved in the 1989 -90 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 550 budget by a $57,000 certificate of obligation. Mr. Pipes said this is the second ordinance in a three part series of ordinances needed to purchase this equipment with certificates of obligation. Councilmember Green asked where the maintenance work will be done on this truck. Mr. Pipes said it will be done in Houston. Councilmember Bell made the motion to adopt Ordinance No. 89 -37 and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. CITY MANAGER'S REPORT--Gene Pipes Consider T.D.H. Solid Waste Disposal Surcharge Mr. Pipes advised one of the new laws passed by the last legislative session was a E 50 /ton surcharge on solid waste coming into all landfills. He said after January 1, 1990, this money is to be used by the Health Department in the following ways: 1) 50% is to be used to fund increased enforcement of regulations [this will help fund additional inspectors, noting there were 14 inspectors around the state prior to September, and there are now 34 inspectors]; and 2) 50% is to be used to establish a fund for studies, particularly in the area of regional disposal. Mr. Pipes advised this new surcharge will replace the existing one which has cost the city approximately $1,900 per year for the past four years. The Council was informed that using last year's tonnage of 24,055, the new surcharge would cost the city approximately $12,000 a year. Mr. Pipes said for cities that have not invested in scales for their landfills, the state has given them an option of paying $ .10 /loose cubic yard. He noted if the City of Huntsville had to use that option, it would cost approximately $27,000 a year. According to information from Mr. Johnny Poteete, Director of Public Works, based on last year's scale information, by having scales the City will have to pay $15,000 less per year than if it did not have them. He noted since the $ .50 per ton charge does not take effect until January 1, 1990, the city estimates that the bill it will receive in September, 1990, will be for approximately $8,500. He said since the outcome of the proposed bill was not known at the time the budget was prepared, no money was budgeted for this additional fee. Mr. Poteete recommended that when the bill is received next September, that it be paid from Sanitation Fund Reserve for Future Allocation, which presently has a balance of $50,000. Mr. Pipes said he is suggesting to the Council that they acknowledge that the city will have to pass through, at the very next rate change for the sanitation rates, [October 1, 19901, a 50 cent per ton surcharge on all solid waste disposed at the city's facility. Councilmember Carter asked that at some workshop the city appoint a commission or do something to cooperate with Mr. Burdett and other recyclers. He said what the state legislature is telling us is that if we keep doing landfills, they are going to keep charging us to do it and it is going to go up over the years; it is not going to come down. He said they do not want us doing landfills. He said he was not recycling personally, but he is going to make an effort to separate his aluminum cans to assist the sanitation crew as he is aware they are already recycling the aluminum that is picked up by the city. He said this is essentially a recycling program so we already have a program in place in the city, but we have not publicized it. He said it is not mandated and it does not have to be mandated or enforced, but citizens should know that they can do what he is doing. He felt the city should encourage its residents to do the same in an effort to assist the city in keeping recyclable items out of the landfill. Mayor Monday felt this is an excellent idea. Mr. Pipes advised the sanitation employees personally benefit from the sale of this aluminum as they retain the earnings. Councilmember Carter said he sees no problem with that. He said the city needs some program to go to civic clubs and should publicize it. He said this is a very small step, but it is a step. Mayor Monday agreed that the citizens should be made aware of the opportunity to recycle in Huntsville, what can be recycled and what price is paid. Mr. Pipes said anything the city can do to encourage the sale to the recyclers, is something the city won't have to use valuable spae in the landfill to bury as this is becoming very expensive space. Councilmember Barrett said this is already happening because there is a collection station on Possum Walk Road on weekends. Councilmember Hammock said there is also one on 11th Street. Mr. Pipes noted the recyclers are not taking 1 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 551 computer or newspaper for recycling at the present time. He said the city had been recycling its computer paper when there was a market for it. Councilmember Carter suggested getting this information out on a water bill or some mahout that is sent to the citizens, concerning the fact the city has an ongoing aluminum recycling program and that they can set their aluminum cans aside for that program. He noted individually, we may not have enough to make a trip to the recycling center worthwhile, so it would be good to let the city pick up that aluminum for recycling rather than landfilling. Councilmember Carter asked that the city get together with recyclers in a workshop to talk about the market Possibilities, long range and what the city can do. Mayor Monday felt this is an excellent idea and the Council should try to schedule that right after January 1. Consider hotel -motel tax collections and tourism reserve Mr. Pipes advised the hotel-motel tax collections for the fiscal year ended September 30, 1989 was $121,513.88. After the one percent retained by the city is deducted, the allocation for tourism is 590,224.06, he noted, and the allocation for the arts is $30,074.69. The Council was advised that monies not expended for the Arts are requested to be carried forward to FY 89 -90. Mr. Pipes noted the tourism reserve will be increased by the difference between the collections and payments to the Chamber on the tourism contract. He then presented a report detailing collections, disbursements, and calculation of the tourism reserve. He said the guaranteed monthly budget is manageable and has worked very well. He said the accumulated reserve is an appropriate way for the Council to review. He said he didn't hear any detail from the presentation this evening on how that particular portion of the contract should be structured, but the one year letter agreement has worked well. Mayor Monday assumed the city will retain the same mechanism, reporting and structure. Councilmember Barrett asked if the City had discussed using some of the reserve to save for a convention center by putting it in a special account. Mayor Monday said this had been discussed. Councilmember Barrett felt putting some portion back each year for this is worth seriously reconsidering. Mayor Monday noted this can be discussed again. Mayor Monday reminded the Council the Tourist Council will be asking for money out of that reserve to support the permanent facilities just for this year, [as seed money for utilities] as was discussed earlier. She said Patricia Allen, Director of Finance, will advise them as to what she feels comfortable holding in reserve in next years budget. She said we will need to look at those exact dollars and bring this back next week. Consider park access regulations Mr. Pipes advised the Parks Board will be meeting to consider restrictions on access to parks, establishing hours for the parks, security considerations, etc. A memorandum from Mr. Scott Bounds, City Attorney, dated October 20. 1989, advised a city may lawfully regulate access to Public parks. Mr. Scott Bounds said it is valid to have a restriction on the use of a particular park within designated hours and providing for appropriate signs. Such regulations, Bounds advised, must be reasonable, but the City ordinarily has the discretion to determine the hours of usage. The access rules may only be enforced, he said, if the City Council makes it a crime to occupy or be in the park at designated times. Generally a curfew delegated to a municipal official will be suspect because it is subject to selective enforcement, Bounds reported. Therefore, he noted, absent an emergency, no curfew type ordinance is recommended. He advised any park use regulations should be clearly posted at the park. Mr. Pipes said the Parks Board will also discuss the rounding -up of utility bills to the nearest dollar so that the funds can be set aside for park development programs, activities and matching funds for Texas Board of Outdoor Recreation grants, etc. He said those recommendations should be coming back to the Council soon. MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 552 Mr. Gene Pipes, City Manager, advised the city recently changed the procedure for requesting bids r fuel. He said the procedure has been more formalized, and a legal notice was posted in the paper itlining the bid process. Twelve bid sheets for the months of October, 1989 through September, 1990 have yen provided to bidders, Patricia Allen, Director of Finance, advised, noting bidders are to submit their d on the form on or before 10:30 a.m. on the scheduled bid opening date. She noted the bid opening is heduled for the last Tuesday of every month, unless affected by a holiday. The Council was advised in tober, four bids were received and the low bid was submitted by Hardy Petroleum for all three types of iel, regular, unleaded, and diesel. Mr. Pipes requested the Council's approval to award the bid on a mthly basis to the vendor submitting the lowest price on a per item basis. He said this is more insistent with what HISD and Walker County does and is a more established procedure. After some questions r clarification, Councilmember Bell made the motion to approve of this fuel Purchasing Procedure and Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 89 -38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING FORMS FOR NOTICE TO PURCHASER OF RESTRICTIONS; DIRECTING THE CITY SECRETARY TO FILE IN THE REAL PROPERTY RECORDS OF THE COUNTY CLERK'S OFFICE A COPY OF THE FORM OF NOTICE; AND MAKING OTHER PROVISIONS RELATED THERETO r. Scott Bounds, City Attorney, advised the Council passed an ordinance recently with regard to deed estrictions requesting that notice be given to owners of restrictions affecting their property. He said ue to a problem with the newspaper, the ordinance was not published twice within ten days so he will be ringing this ordinance back next week. In the meantime, he said, in order to make the penal provisions ffective, it has to be published twice in the newspaper within ten days. Secondly, he said, he was equested by local attorney, Lloyd Martin, that the city adopt an additional form giving notice. The form e requests the city to adopt is identical to that adopted by the Houston City Council and is in a format ery similar to what Mr. Martin uses now for disclosure of certain restrictions affecting properties in tility districts. He said he will ask the Council to approve this ordinance tonight which lust approves y to use eitner one of the torms with which they feel most comfortable He said the Council can to see this matter back one more time for adoption so that it can be published appropriately. Councilmember Knotts asked what the difference is in the forms. Mr. Bounds said the first form acts the statutory language and is a form that had been approved for Stewart Title Company, which does a od deal of title work. Form No. 2, he said, is provided by the City of Houston and is similar to forms at are used for disclosure of restrictions in utility districts. He said they both accomplish the same entical thing - -they advise the person there are restrictions on the property and the city has the right to ssibly enforce those restrictions and they have the disclaimer with regard to restrictions dealing with ce, color, religion, sex or national origin. He recommended adopting both forms in order to provide an tion. Councilmember Knotts was concerned that one may have a loophole over the other one. Mr. Bounds id neither form has loopholes. Councilmember Barrett made the motion to adopt Ordinance No 89 -38 and 1 C MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 553 Consider designation of additional Christmas Holiday, as Provided by the City's Personnel Policies Mr. Pipes advised the Personnel Policies require that the City Council designate an additional Christmas Holiday. This year, he said, Christmas falls on a Monday. He recommended that the Council designate Tuesday, December 26, 1989 as the additional holiday for the city employees. Councilmember Barrett made the motion to approve of December 26. 1989 as the additional official 1989 Christmas holiday and Councilmember Howard seconded the motion. All were in favor and the motion Passed unanimously. MAYOR'S ACTIVITY REPORT --JANE MONDAY Consider Resolution No. 89 -14 designating a representative and alternate to the H.G.A C General Assembly Mayor Monday presented this resolution, the caption of which is as follows: RESOLUTION NO. 89 -14 A RESOLUTION DESIGNATING REPRESENTATIVES TO THE HOUSTON- GALVESTON AREA COUNCIL GENERAL ASSEMBLY, 1990 Mayor Monday recommended reappointing the current membership on H -GAC with Councilmember and Mayor Pro tem Percy Howard, Jr. as the city's delegate and Councilmember James L. Carter as the alternate. Councilmember Knotts made the motion to adopt Resolution No. 89 -14 reappointing Councilmembers Howard and Carter as the delegate and alternate and Councilmember Barrett seconded the motion. All were in favor and the motion Passed unanimously. Calendar Mayor Monday noted last Wednesday morning she went to Austin to testify before the Highway Commission along with County Judge Frank Robinson, Jerry Nemec, Tom Randle, and City Manager Gene Pipes. She said they testified at Camp Mabry in Austin on the City's and County's behalf on a number of items. The first one being the extension of Highway 19 to be widened to a four -lane. divided hiahwav all the way from Huntsville to Paris. The second one being the improvement of Highway 190 East from Huntsville to Louisiana which is not in the tentative 30 year plan for the Texas Highway Trunk System. She said Highway 190 East is included, but the section west is not and they are working hard to get that included. She said also the extension of Highway 30, to be designated as the extension of Highway 190 would also be improved to four Lane. She said these are the three items they addressed before the Highway Commission. She said previously, County Judge Frank Robinson spoke in Houston and she spoke in Austin. She said they are now getting a delegation ready to speak in Longview. She said they were represented in Arlington as well. She said they have been represented at four of the hearings across the state. She said they expect a strong representation in Longview on Thursday. She said they will also have the opportunity in January to address this matter again in Austin. She said they have lobbied this issue heavily from the standpoint of Walker County and also the Highway 19 Association. She said it is critical to be in the plan now for Highway 19's development. She said if someone from Huntsville does not go to Longview, Huntsville's presentation will be sent to be read into the hearing proceedings. Third Graders Visited City Hall Mayor Monday noted she and the City Manager spoke to two more third grade classes about city government on Thursday and Friday [four classes -- approximately 100 children]. BPW Meeting Presentation Mayor Monday told the Council she spoke to the Business and Professional Women's Club [BPW] on Monday and gave an overview of the city. She talked about the downtown Christmas decoration project. She MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 554 hanked the media for their support on this effort and for taking a leadership role in this and advertising t for the city. She said one of the BPW members, Janie, of the Walker County Appraisal District office, ent back to her office to pass a hat that afternoon and came back with $50.00 to purchase materials for the owntown decorations. She said the fund is now within $50 to $100 of being ample to do the outlined work. he noted the decorations were displayed at the Chamber Breakfast this morning [tin soldier, Raggedy Ann and teddy bear], noting over $100.00 was collected at this breakfast. She said the idea is to add to these ecorations each year with the old fashioned toys. She said Kim Williams, the design architect for the owntown restoration project, has endorsed the decorations saying they do meet the design standards for the verall downtown plan. Mayor Monday advised she attended a Walker County Grant Commission Meeting. She noted they are in e process of electing new officers, getting some guidelines and to make themselves available to people in lker County who may need their assistance in the submission of grants. She said she also met with the Sam Houston Folk Festival group. She said they are working with the scouts and girl scouts, NARP, Garden Club, DRT, and DAR, getting them to talk regionally to their :rs and to get them to see if they can organize groups to come in for the Sam Houston Folk Festival. She said she and Mr. Pipes met for a rehearsal for the Roast of the County Judge on November 20, the oceeds to go to the Early Childhood Intervention Program for Tri- County MHMR. She encouraged everyone to tend and advised the tickets are $5.00. COUNCIL ACTION Councilmember Barrett commended the Chief of Police for the way in which his department has been ng to citizens needs, as is evidenced by the thank you letters included in the police report. Councilmember Gaines expressed her concern for the tremendous amount of litter that was evidenced r the intersection of Highway 30 at 11th Street last Saturday [near the Wal- Mart]. She noted it was an arrassment to her as she was showing our city to visitors. She asked the City Manager to check into the son for this situation. Councilmember Green noted it will be a difficult process to reconstruct the minutes of November 3, 1989 since some of the discussion that went on with regard to that probably does not belong in that minutes. Ne noted while Councilmember Carter's comments are appropriate as to how he felt about that, those comments 9re not to be a part of the November 3 minutes because he was not present for that meeting. Councilmember tarter said he did not intend for those comments to be written into those minutes but only in this evening's ninutes. Councilmember Green asked that the minutes of November 3 1989 be resubmitted for approval as :orrected so that the Council can review the revisions. He said the Council hired Scott Bounds to represent the city in actions dealing with legal matters with regard to the city. He said with regard to his letter, ie thought it was an appropriate action to take and he'll restate that now. 1 1 MINUTES OF THE NOVEMBER 14, 1989 COUNCIL MEETING BOOK "P" 555 Intersection of Normal Park with 11th Street Councilmember Green noted this intersection continues to be a problem with regard to cars turning off of Normal Park from either direction onto 11th Street. He proposed that one of three possible things be done: 1) that authorization be obtained to chance the signalization so that there is a Protected left turn off of Normal Park: or, if that is not Possible. 2) that there be a turn lane on Normal Park onto 11th Street: or 3) that the city do both, have a protective turn and a turn lane off of Normal Park onto 11th street. He said at this point, at some times of the day, one cannot get out of the Safeway parking tot onto Normal Park because of the cars backed up trying to make left hand turns off of Normal Park onto 11th Street going east. Mayor Monday agreed with the protective turn lane suggestion. Video Conference. Noon to 3:00 P.M.-- College of Business Councilmember Green advised tomorrow from Noon until 3:00 P.M., the College of Business is hosting a Video Conference on Exporting. He said they are doing it primarily for their international business students but he has invited the public through the Chamber of Commerce and the newspaper. He said the Location will be in the Teacher Education Building and not in the Business Administration Building, however. He said there will be representatives from the Texas Agriculture Commission and there may be others there from the Department of Commerce that have contacted them about this. He said this is an opportunity for business people in the community, who are looking for markets for products, to find out how to do it. He said this is a "how to" conference and it will be interactive with people out of Washington, D. C. that are involved in international trade on an ongoing basis. He invited those interested to participate, noting there are plenty of materials available. Striping Work Appreciated Councilmember Bell noted his appreciation for the new stripes on the pavement at the entrance to Spring Lake and across from the West Wing of Nance Park Junior High. RECESS TO EXECUTIVE SESSION Mayor Monday advised the Council will now recess back into Executive Session to complete its discussions of the real estate matters, as posted. She advised the Council does not anticipate reconvening to take formal action. The formal meeting was not reconvened as no formal action was necessary. ADJOURNMENT Respectfully submitted, th gDeShaw, ity Secretary November 14, 1989