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MIN CC 12/04/1990MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 4TH DAY OF DECEMBER, 1990 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 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 William L. Hammock William B. Green Scott Bounds, City Attorney William H. Knotts, Jr. Percy Howard, Jr. Ruth DeShaw, City Secretary Member absent: Ila G. Gaines CALL TO ORDER Executive Session Mayor Pro tem Percy Howard, Jr. convened the formal session and then recessed the meeting to an executive session to consider a real estate acquisition matter- -7th Street. No other items were discussed and no format action was taken in this executive session. RECONVENE FORMAL SESSION Mayor Monday then reconvened the formal session. Councilmember and Mayor Pro tem Percy Howard, Jr. presented the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Counci Lmember Barrett made the motion to approve of the minutes of November 20 1990 and Counci lmember I Howard seconded the nation. ALL were in favor and the nation passed unanimously. CONSIDER BIDS Consider bids on Proiact 90- 11 -01, concrete work on Phase 1. high -Lou pressure water line construction to Robert E. Autery Construction. $6.336.50 to be paid from LIP funds Mr. Gene Pipes, City Manager, advised this is the curb, gutter and driveway work where it is necessary to make the repairs after the city has gone through that area. He said the Phase I section has been completed as of Last week and this is the follow -up work to return it to its original condition. He presented the three bids received, ranging from 56,336.50 to $13,029.46 for this project. He then advised it is the staff is recommendation to award the Low bid to Robert E. Autery Construction. Councilmember Knotts made the motion to award the bid to Autery Construction Company and Councilmember Barrett seconded the motion All were in favor and the motion Passed unanimously. Consider bid No. 91 -5. Roll -off truck to Barrett White GMC in the amount of $78.7a6 by approval of Ordinance No. 90- 12 -4.1 authorizing the issuance of a certificate of obligation Mr. Pipes, City Manager, advised these bids are for the purchase of one new 1991 roll-off truck for which some 14 responses were received, ranging in cost from $69,072.29 [lowest bid did not meet specs] to $95,612. He then submitted the ordinance, the caption of which is as follows: ORDINANCE NO. 90 -30 AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN THE AMOUNT OF $78,786.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT He presented the staffs recommendation to accept the Lowest bid meeting specifications submitted by Barrett ' White GMC and recommended adoption of this ordinance. Councilmember Howard made the motion to approve of the bid of Barrett White GMC in the amount of $78.786 and to adopt Ordinance No 90 -30 and Councilmember Bell seconded the motion. All were in favor and the nation passed unanimously. �i I: CONSIDER ORDINANCES Consider Ordinance No. 90 -31 amending Article III, Records of Chapter 2, Administration, of the Code of Ordinances for establishment and administration of a Records Management Program ' Mr. Pipes advised the city has had a records management system for a number of years. He said the City Manager is custodian under the city's system. He said there has been an ongoing process of microfilming and disposal of records after a certain period of time. He said this current ordinance is an absolute mirror of state Law as Mr. Scott Bounds, City Attorney, has prescribed. He said this ordinance will place the City in compliance while it continues to develop the programs and systems to go with it. He rated the city will have I' an orderly collection, control, distribution and disposal of the city's records at the appropriate times under state Law. He then presented the caption of this ordinance, as follows: ORDINANCE NO. 90 -31 AN ORDINANCE AMENDING ARTICLE III, RECORDS, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, TO PROVIDE FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT PROGRAM; AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADMINISTER THE RECORDS MANAGEMENT OFFICE FOR THE CITY; PROVIDING DEFINITIONS FOR RECORDS MANAGEMENT PROGRAM; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY MANAGER AND CITY COUNCIL, AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL OTHER MUNICIPAL RECORDS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Councilmember Carter made the motion to adopt Ordinance No. 90 -31 and Councilmenber Green seconded the motion. I All were in favor and the motion passed unanimousLv. Consider Ordinance No. 90 -32 amending Chapter 9, Garbage, of the Code of Ordinances by adding a new section, special wastes from health care related facilities Mr. Pipes, City Manager, advised the city staff has been meting with a special committee of individuals from the affected areas: health providers, hospital, doctors' offices, veterinarians, funeral homes, etc. concerning this particular classification of special wastes. He said a lot of information has been disseminated over the last several months. Last Tuesday night, he said, in the absence of a council meeting, the committee met with the medical waste providers, who haul the materials away, to advise that the City of Huntsville will no longer receive this type of material at the landfill and that it will need to be cared for by private sector individuals. He said this ordinance again tracks state law requirements for implementation. He then presented the caption of this ordinance, as follows: ORDINANCE NO. 90-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 9, GARBAGE, REFUSE AND RUBBISH, OF ITS CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VIII, SPECIAL WASTES FROM HEALTH CARE RELATED FACILITIES; DEFINING SPECIAL WASTES FROM HEALTH CARE RELATED FACILITIES, PROHIBITING THE DISPOSAL OF SUCH SPECIAL WASTES THROUGH THE CITY REFUSE COLLECTION SERVICE; PROHIBITING THE DISPOSAL OF SUCH SPECIAL WASTES AT THE CITY LANDFILL; PROVIDING A PENALTY OF UP TO $1,000 FOR EACH VIOLATION; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE Councilmember Barrett made the motion to adopt Ordinance No. 90-32 and Councilmember Knotts seconded the motion. Discussion: Councilmember Carter asked why the definition refers to carcasses of animals intentionally exposed; i.e. if an animal is accidentally or unintentionally exposed, the city should want it to be treated in the same way. City Manager Pipes said this definition comes directly from state law. Councilmember Carter said he did not understand the qualification because if it has been exposed to pathogens, it doesn't matter if it was done I intentionally or unintentionally. CounciLmenber Bell expressed concern about a rabid dog being buried there. Mr. Pipes said that is taken care separately by Health Department regulations. Counci Lnwmber Carter asked about incineration of medical wastes. He said recently, an undergraduate student of his looked into the incineration practices of Huntsville Memorial Hospital for a term paper. He said some of the things his student thought he found worried him to some degree. He asked to what extent anyone is regulating incineration practices at the hospital. Mr. Pipes advised incineration is regulated by the State of Texas and requires very specific licensing and compliance procedures. He said incineration is a recognized method for the elimination of pathogens and therefore this waste can then be disposed of in normal sanitary landfills with no risk. He said in this particular situation, the City has no responsibility or authority to regulate the hospital. He said the hospital has been very actively considering changing their method of disposal of their special wastes also. Councilmember Carter said he has problems with incineration and he does recognize that the City Manager has just said that this is the acceptable method under state law. He said when we are running an incineration operation of this type, maintenance is very important. He said, at least in this instance, his student found some things that made him question the maintenance of the facility in terms of removal of filters and how frequently the whole system was checked. He said even if the city does not have the authority, as a citizen of Huntsville and a member of the Council, he is concerned and he would like some sort of a review. He said he hears the City manager say that we are not going to put any of this material in the Landfill and that they are relying on incineration. He asked if there could be some sort of review by the hospital or some people in charge, to tell the council how frequently the system of incineration they use is maintained. Mr. Pipes said he feels the only method or remedy at this point is just to prohibit all medical wastes in treated or non- treated form. Councilmember Carter said it is the air that he is worried about as much as the solid waste substance that is generated. Mr. Pipes felt the appropriate response would be then to notify the Texas Air quality Board to follow -up on it as a complaint. Councilmember Carter suggested perhaps someone at the hospital can contact him or he'll try to contact them and find out more. Counci lmember Carter asked about the $1, 000 . fine and asked if this was the maximum or minimum fine per day. Mr. Bounds said this is the maximum fine under state law. Upon a vote on this motion, all were in favor and the motion passed unanimously. CITY MANAGER'S REPORT- -GENE PIPES Consider replacement of a "meter mite" unit in the amount of 51.500 from utility reserve funds Mr. Pipes, City Manager, advised that several years ago the City invested in a system of automated meter reading devices that allowed the meter readers to punch in the codes for the meter readings and the code numbers on each of the utility meters that were being read. He said one of those devices, which is a very single purpose device, has disappeared, either by theft or misplacement. He said the staff has done all of the possible exploration through the Police Department and routine checks of all sorts to try to locate it or to determine whether it has been stolen or simply Lost. He said the staff has not been able to reach a conclusion on this matter, but the efficiency of the meter reading utility billing department is affected the longer the city goes without replacing it. He requested that this $1,500 out of reserve for future allocation in the water and sewer fund be approved to replace the meter mite. Councilmember Green made the motion to approve of this expenditure and Councilmember Barrett seconded the motion. Discussion: Councilmember Barrett asked that there be more security on this type of equipment. Mr. Pipes said this is somewhat of a concern; noting if the city had some idea as to whether it was stolen, then it would be a different matter. He said it is a small hand -held computer system and the staff does not have a clue as to where it is. He said the city locks them up every evening and takes them out in the morning. He said it was sent off to a repair facility and it came back in a box and was positioned on the side of a desk the last time anyone saw it and no one has seen it since. He said whether it got put in the trash or picked up thinking it was a computer or something that could be fenced, he didn-t know. He said it can't be used for anything except its intended purpose. councilmenber Barrett said he would just like to see somebody responsible for it so we would know who had it Last. Mr. Pipes said the staff will certainly implement those I` procedures. Upon a vote on this motion all were in favor and the motion passed unanimously. Consider a resolution to participate and designate J. D. Schlindler as economic development coordinator in order to participate in training Mr. Pipes advised this participation is to be authorized by resoLution- -which is a commitment by the Council- -that J. D. SchLindLer be designated the city - county representative to receive the training in AIMHIGH, an Economic Development Training Initiative for Communities, sponsored by the Texas Department of Commerce. He then presented the caption of this Resolution, as follows: RESOLUTION NO. 90 -14 A RESOLUTION BY THE CITY OF HUNTSVILLE, TEXAS, TO PARTICIPATE IN ECONOMIC DEVELOPMENT: STRATEGIC PLANNING AND DESIGNATING AN ECONOMIC DEVELOPMENT COORDINATOR, MR. J. D. SCHLINDLER, TO PARTICIPATE IN TRAINING AND AUDIT OF COMMUNITY. Mr. Pipes asked that the Council approve this resolution that J. D. Schlinder be designated this representative; since he is Director of Community Development, that is a major portion of his job description. Councilmember Barrett made the motion to approve of this Resolution and CounciLmember Hammock seconded the motion. All were in favor and the motion passed unanimously. Consider in- service training program for the administrative staff and supervisors to be presented in February by Dr. Dick Bernard of the Texas Engineering Extension Service of Texas A8M University, for $2,000 to be Daid from the reserve for future allocation Mr. Pipes advised this training will be brought to us at a far less expense than it would cost to send the supervisors to other locations for training. He said supervisors down to the second Level will be included in this training. He recommended approval. Councilmember Howard made the motion to approve of this expenditure for training and COUnciLmember Hammock seconded the motion. Discussion: Councilmember BeLL asked who wiLL be included in this training. Mr. Pipes said the department heads and the superintendents down to the supervisors, involving about 22 people. Councilmember Bell asked if it wouLd be appropriate for Charter Officers to participate. Mr. Pipes said certainLy, there will be no problem with that. Upon a vote on the motion on the floor, it passed unanimously. City Manager to attend the University of North Texas Workshop in Plano Mr. Pipes advised he will be attending a city management workshop in Plano for the rest of the week, sponsored by the Texas Foundation for Achievement in Public Administration. He said there will be another series of workshops in April that he wiLL be attending. Mayor Monday congratulated him on all three of these initiatives, noting the City of HuntsviLLe will benefit from all three of them. She congratulated J. D. Sch Lindler and the staff for their plans to participate in training. MAYOR'S ACTIVITY REPORT- -JANE MONDAY Birthing Units at the Huntsville Memorial Hospital Mayor Monday advised she has just participated in the "tree of lights" ceremony at the Hospital. She encouraged those present to visit the hospital to view the new birthing units which they are having open house for tonight. She said they are top of the line and on the edge of technology. She said there are five birthing suites where a mother, father and family can enter that suite and stay for Labor, delivery and recovery and the baby is there for the entire time; all contained in one suite. Dedication of new amphitheater west of Citv Hall Mayor Monday noted the new amphitheater west of City Hall was dedicated today. She said in 1985 when the City ceLebrated its 150th birthday, many people were in Town Creek Park, which resembled gatherings at ' MiLLer Theater. Today, she said, we have a real theater here, thanks to the Junior Service League, particuLarly Regina Matthews. She encouraged the Council to thank her personally, noting she overcame many obstacles in the Last five years in order to complete this project for the Junior Service League. Middle East Crisis -- Request for Visual Showing of Support for our Defense Team Mayor Monday presented a copy of a letter from Ms. Shelley Wilson of Huntsville, requesting that "Whether we agree or disagree with the military involvement is irrelevant" [Desert Shield, Saudi Arabia]. "our people are over there and their families and friends are here. They need our show of awareness and concern." Mayor Monday felt her request has a lot of merit. She suggested that people should display this awareness in their own way. She felt, however, that the city should take a leadership position on this. She proposed that the City Council ask the community to each, in their own way, express our support and our remembrance of the people that are there. She displayed a yellow bow attached to a red -white and blue bow which she planned to display at her home until all the people on the defense team are home. She said there may be other suggestions for displaying our awareness and concern. Councilmember Barrett made the motion that the City observe the Middle East Crisis and to ask the People of the community to do whatever they feel they would like to do and Councilmnember Howard seconded the motion Discussion: Councilmenber Howard suggested the writing of Letters and the sending of boxes of items. Councilmember Knotts felt it is important that we project a positive attitude; noting the people in the service will feel terrible about what they see on network television because some of that is negative. He said he feels Huntsville needs to show we are positive and supportive of those who are serving us there. Mayor Monday noted there are some people serving there who are closely associated with employees of the City of Huntsville and he requested that the City Manager take a role in recognizing those people and setting up some sort of networking where the city can move in behind its own people to show our support. All were in favor of the motion on the floor and it Passed unanimously. Huntsville Housing Authority Appointments Mayor Monday then presented a nomination for appointment to the Huntsville Housing Authority in the name of Mr. Chester Crawford to serve out the unexpired term of Dr. Frank Leathers, who has resigned his position on the board. Councilmember Barrett made the motion to approve of this appointment and Councilmember Hammock seconded the motion. All were in favor and the motion passed unanimously. Receive gift of property from Thomason family Mayor Monday asked if there is a motion from the Council concerning the gift of property from the Thomason family, noting there may be a need for some additional information. Counci lmember Green said he feels until this additional information is available, this item should be tabled. Counci Lmmmber Green then made the motion to table this item and CounciLmember Howard seconded the motion All were in favor and the motion Passed unanimously. COUNCIL ACTION Jane Monday Amphitheater Councilmember Hammack advised the Junior Service League did new the City Hall Amphitheater the "Jane Monday Amphitheater" this afternoon. He then congratulated Mayor Monday for this honor and Councitmembers Barrett, Green and BetL joined in this recognition. Downtown Improvements -- Accounting Councilmenber Knotts asked Mr. Pipes if the Council will be able to get an accounting of the downtown work through the end of December similar to what was discussed before concerning what has been spent from the Meadows Foundation funds and what income the city had that will go toward that grant and what city money was spent. Mr. Pipes said he can provide that. Councilmember Knotts said we all know it is going to take a lot more money to do what the city wants to do and we need to keep it straight as to what money is spent on private property and what is not. Mr. Pipes said he did have a conversation with Dennis Singletary of GSU yesterday who is very pleased as is SWBT concerning the relocation of lines from the north side of the Square as it looks considerably better, and urging the city to get with the tenants and owners on the south side of the Square because for a very small amount of money, we can reasonably accomplish the saw thing there He said getting the overhead power lines down has been a goal since 1960. He said Mr. Singletary has indicated a real interest in pressing forward on this. GSU's Implemented Rate Increase Under Bond Mr. Pipes said Mr. Singletary of GSU has also notified him that GSU will be filing for an implemented rate increase under bond, pending the final decision within the next two months, of the Public UtiLity Commission; they are willing to bond the rates and put them into place. He said while it may not have yet been filed, it is expected to be filed this week for immediate implementation, which will anoint to about a $5.00 per 1,000 kilowatt hour increase in residential utility bills, until a final decision can be made on the pending rate case by the PUC. He said if the PUC does not find in GSU's favor, than they wi LL have to refund the money. Downtown Project Councilmember Green noted he is pleased with what is happening downtown in the renovations, noting he wishes he could take some credit for supporting this project wholeheartedly. While he cannot do that, he said, it really does look nice in spite of his initial vote against it. If he were to re -vote, he said, he would vote for it. Blume Tree Trimming Company working with GSU Councilmember Carter noted Blume Tree Company is being very attentive to the people in the neighborhoods where they are working, especially on 19th Street. He noted, however, their door hanger giving notice of their intentions, onLy presents two options to the homeowner: "please trim my trees; or please telephone me about a tree removal." He felt there should be an option concerning "doing neither of the above." He feLt there should be other options, such as "wait a day or two and talk to me," but that option is not available. He said the card states if the door hanger is not on the door, the company will proceed. He felt we need to visit with GSU concerning providing more options. He said he has visited with GSU concerning this matter. Channel 2-- Saturday Night, 6:30 P.M. - -The Eves of Texas ' Mayor Monday advised the program filmed in Huntsville concerning the students from California who joined the Bay City group to spend a day in Huntsville concerning the diary of Henry Smith will be televised on Channel 2 at 6:30 P.M. on Saturday evening on The Eyes of Texas Program. She suggested the CounciL may wish to watch this program. Next Council Meeting Events Mayor Monday advised next week the Huntsville Children's Choir will perform and the Council will recognize the Huntsvi LLe Hornets. Mr. Pipes said the annual group City Council photo will also be taken as well as a group photo of the department heads /charter officers foLLowing the formal meeting. ADJOUR