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Home My WebLink AboutCC Minutes 1965-09-04 Special � , � ' MINUTES 4F SPECIAL C4UNCIL MEETING, SEPTEMBER 4�, 1.965 A special me�t�.ng pf the Friendswood City Council. was held Sep- te�ber �, 1965 at 10;00 A.M, to 3:00 P. M. at City Hall - Meeting called by Mayor Wagner. SUBJECT: Water & Sewer Department. Present were Mayor Harry Wagner, Councilmen Marvin Childers, William Davidson, Arden H3.11;� Ra�.pM Lowe and City Secretary Artha � W�^ight. ,. Bi11 Davidson . requested minutes of this meeting state who in- vited which outside personnel : Invited Guy Wilkinson, Galveston County Health Dept. by Safety Officer. Ralph Lowe Bob McCoy, our analyst. Glenn Martesek, Utilities Department. Invi�ed (Wi13.iam C. Walsh, Engineer. ) . by ��rden Hill �n.vited ( Linn Eignus, Insurance. b3� Mayor Wagner - Invited ( Coleman Carter, Attorney, at 11 :50 A.M. by Bill Davidson Mayor Wagner stated that there had been a serious acciden� in Frien sw�o , � a� vlas a fre�k ac�ident cau�e y an exp os an in a manhole which caused the manhole cover to fly up and se�ous�y injure Steve Evans . Mayor Wagner further s�ated that the Cit is nflt under Corporate liab3. i�y�aceor ng o our a orney. He� not ee a e responsi�ility of this accident could or should be placed on anyone� Mayor Wagner instructed Council that as of 10;00 A.M, this date, opera�ion o��e wa�er and sewer department will e assume y e Ci y oun� as a ou y aw. e y Co�incil wiI assume f3,nancial and operational functions of this departr�ent; that he, as Mayor, will be the new general supervisor, that aIl the Councilmen sh�uld pitch ir� and make any ccr,�eeti�ns tha� ma� Ue r�eeded to maintain a properly function�,ng department, that t1�e present em- ployees and Ra1ph Lowe� s supervis3.an have been very good. Mayor Wagner read the following job description f or Watter & Sewer 15epar�men��upervisor as sugges e y ormer .C, & . . 15 oar Ntem er, orrnan eaver: 1, Respansible for proper and continuous operation of water welis and pumping station, chemical feeders, sewage treatment piants and lif't stations . ` 2. Responsible for maintena�ee of above facilities plus al1 ' oth�r facilities inclu�ing water and sew.er lines, water meters, fire hydrants, ��ck-up truck, - 3, Responsible for reading �eters, billing and collecting monthly water bi31s and �or keeping records thereof. �� . Responsible far disbursement of alI monies {w5.th the Council' s approval} ar�d for maintaining accounting system, 5. Responsible for supervising subordinate employees af Water Department, 6� R�spor�sible for inspection of a2�. new faci3ities inc�.u�ling residen�ial and com�nercial wat�r and sewe� facilities while under construction and signed approval of department accep.- tance of same. � `�. Responsible for working with City Engineer and muni.cipal official� �n plannin� yor proper and Iog�.cal expansion and , en3argement, or �mprovement of facilities , Such program to be presented �o Council. 8. Responsible fnr good and pr'oper re�ations with the publzc, eontrac�tors, manufacturers representatives, and state off�ci.als. 9. Responsible within the �imits of his autharity #'or sound fiscal policies and sound fiscal pl.anning. Smmediately following �he abcve disser•tatian �y the N4ayor, Bill Davidson s a e a , n is apini�an, e ayor, y mp ica ion �n disser ation, by his discussion with the parents of the in�ured child a.n the hflspital cc�ncerz�ir�g the current and �?ast operation of the Water and Sewer Department, by implying that the cur_rent manner of operating the Water and Sewer Department by a Councilman was not legal, thereby possibly caus3.ng the accident. Considering the liability and legal i.mplication of the accident along with the legal aspects of having a Councilman manage a Department, as discussed in the Mayors intraductory talk, and that no impartial formal Board of InquirST has been appointed by' the Mayor to determine the cause of the accident and to make recommendations , Biil Davidson expressecl considerable amazemen� that our C3.ty At�orney, Coleman Carter, hacl no� been invited to such an important meeting and further reguested the Mayor to d� so immediately and adjourned the meeting un�il the arrival of the City Attorney. The Ma�tor stated that he had 'been in con�act with Mr. Carter last night ar�d tr.is morning and saw no need to invi�e him to this meeting and initially refused ta do so. Bill Davidson demanded that the attorney be present and the �neet.ing be adj�urned unt�.l 1�e arrived. Ralph Lowe an.d Arden Hill agreed on this need f'or the City Attorney. Ralph Lowe accordingly cal3.ed Mr. Carter and inst�u�ted him to appear at this mee�ing.. Since Nir, Carter stated he could na� arrive until ZI:30 A.M. it was agreed to continue ��he meeting so �hat �he invited gues'�s not involved in legal aspe�ts would be free '�o leave. Gla,y Wilkinson stated that explosions may occur i� any sewer line an ave many_ �_c��a�_u��s��e_ s�� such as na ura gas ea s, sewer gases, cleaning fluids, gas� .3n�, ail, etc. , being emptied ( 3ega11�) into 2 _.. _. t__..._�.�.._.�W_.._.,,,�,..,,,,_„�. " sewer lines . He stated some ways of avviding such explosions when it �is necessary to�F�'e�'"3n or near s wer 1 nes, e c. ; ven a on by forced draf�s in closed areas, avoidance of sparks caused by tools such as air hamraers, sY�oes, matches, wearing of gas masits, testing air with proper equipment before enter�.ng sucY� areas. Mr. Wilkinson also advised us of an accident in Texas Ci�y where a child placed a fire cracker in a sewer lift station and caused an explosion which killed the child and destroyed �he station. Mayor Wagner asked Mr. Wilkinson the law ox3. h.aving a licensed residence supervisor. Mr. Will�inson stated tha� the 3;xitent of �he law �s �o have a licensed operator and/or supervisor in at�endance daily. Ralph Lowe asked Mr. Wi1- kinson if we were operating �egally now by using Bob McCoy for analysis work under the license of Escue Harris of Pearlanc� Water and Sewer Department� Mr. Wilkinson stated we are within the law. Mr, Bob McCoy stated that our B4D count on sewer plant #1 was down to 9 parts per million which is the lowest in the history of Friends- wood and this reading was taken with the Fig Plant operating at fu1� capacity. Mr. McCoy also advi�ed af the fol�.owing caunts : 912, 207, . 18, 171, 580, �oo, 25�., 1go, 9. In respanse to direct request to Mr. W32kinson and Mr. McC�y as to w�ie� er since �aking over�Fie Wa er an ewer epar men opera- tions,T e opera ions a e system as e er ora e , remaine abau the same or 3.mproved, both personne3 immediatefy stated '�hat it had improved consi era y and Mr.�T�.cCoy stated that t is was due to the improvement in housekeeping. Linn Eignus stated that statements of commitment b� any ci.�y officia mus no e made. T a e lnsurance company may void a policy if suc s a emen s are made, Mr. Eignus stated that the accident of September 3, 1965 has been turne aver to e �eneral A �ustrnent Bureau o e �nvest�.gated ��r a Mr. Rasmussen ar Mr;Mars . Ralph Lowe made a matian that the 1963 Plymouth be put under binder on our iaba. y nsurance. Mot�on se�on ed by Ar en �I. o ion unanimous. Mee�ing recessed pending the arrival of A�torney Coleman Carter. Upon the ar�ivai af City attorney Caleman Carter, the meet�.ng was reconvened a�7'�00 P, . in execu ive session with Mayor agner; Counci�men arvin. � e�r's;William Davidson, Arden H3.11 and Ralph i,owe; City Secretary, �rtha Wright; Attorney Coleman �a�ter; Eng� r. William C . Walsh. ��s n�� .•t; 12 :00 P.M. : Mr . ach reported that testing of sewer5 through- out town or gas w Los� -- me er s awe no a�precialb�e reading except for 2 manholes on R�yal Court . e man o e ames S orets property showe a reading"o'�.` o ex lasive;�he r�an o'"Te �y erry Roach� s propexty (where acciden occured showed a �ea ng o �� exp osive. Mr. Davidson asked Mayor Wagner to ' recap' his opening remarks of the meet ng or e eni i o A torney CoTeman Car ex��n addition to �recap ' Mayor agne� men oned a an es a lis�ed Water and Sewer Department mus ave a cense operator bi��;'a�w�.y forme �istric� or �epartment ma3r opexa e w out a I.icens e"` uring ti ---•� constr�c�ion and forrna�Son while trainirxg p�rson�el �a� ��c�zs�e�,a. William Da�vidson stated �ha� ever since Cour�ci�. voted to have a Counci man mana e e a er and Sewer epar men n erenees have been r�a e y yor agner a ou.r wa er an Sewer e ar men is opera e _ _ e�a y an at accordingly, he ean only co�c u e y �e •yor s ac on in this meeting rather than investiga�e the cause o�' the aecident he is using the accident for polit�.cal �'xpediency. .,,_;_.�^.r; Wiil� m Davidson requested that Marvin Ghild��^s�1v�,� and r�e�o�elw _ _ _ ar� a�e� o s n�e� �a �i� b� �h� acc er� o e,p em �_ �._ �t��_ �,-.�. �� . ..� Marvin Child-er� s Statemen� �f tl�e Accident : Marv�n Childers s�ate a e ear a ou e acca. en rom one of his children who h3d heard abaut an ex}alosion from a neighbor. He w�nt to City Hall, �a1ked to Mayor Wagner, MitcYi Wright and Craig Pember�on. They had not heard about it. Glenn Marise�t call.ed the C3.ty office on C.B. �o �epart that he had heard that a manhole cover had been blown off. He proceeded to �nvestigate, reported from the scene that a child had been hurt by a manhole by ��erry RoachTs property' on Royal Court, Marvzn Childers, Mayor Wagner, Mitch Wrzght and Craig Femberton proceeded to scene. Description of bystanding children indecated that a fire had been built in the street near the manhole, �hat an older bo3� had told the children to put �he fire flut, that a little girl apparently dropped a match or part of the fire into the hole in the manhole cover. One older boy stated tha� the resultant ' explosion blew the manhole cover he3d high; tha� it hit the Evans � j boy in the face, then fell on his leg. Glenn Mar�tisek and Craig Pemberton were requested to ( and did ) immedia el� flus e sewer ine a at manhole and the maz�hole at Shores ' . r. oac vo un eered to get equipment to test for gases this morning. At that �ime the manhole at Shores ' was filled beyond flow li�ie. This m�ar�h�le has been, of necessity, .continuously flushed to keep s�wage flowing. S'yti o,J Mr. Childers s�oke to Dr� Syman this morning about the condition of the �vans -��oy, anc`� �elievec'�3'ram �his conversation �hat the boy s condition was not quite as serious �,s origina3ly �hought; the small bone in on.e leg was broken in three places and the flesh torn away ( some muscle rnissing) , some mouth damag� i.e. two teeth and bane in upper mouth. It was felt tha� he might be able to get abcut on crutches in 10 days to �v�o (2} weeks and return to school; that the swell,zng in face would prevent speech for a time 3aeyond this. Coleman Carter read Articles 994 - Duties of i�'Iayor; 99� -� Power pf �ayor�; �.115 - �ounc�l Gcantr�l. �f u�ilities �:�:? ?3.13 - �l�liga- '��.g�s o�' �a�o� . Ar'��.c3.e I�.�.S is bas�s far t�r�iraa�ce �'j2. �'.. Carter said �he Mayor was right in his statemen� that we were operating illegally. 1:00 P,�i. Nir, Roach reports tha� the gas is not natuxal gas ].eak; that this sewer gas �s mu tiplying fas er han. �.t can e vlen�ed, that they are now flushing wi.th �" line and fire truck. Ral�h Lowe said that he would �et Attorney Charles May ex' �'s written_o_�inion,��ia� he had previous�.y given l�Ir:-Low`e cQnce�rn�ng a Counci tna� n operatin� a Cz.ty D�ar•tment, for these minutes., _..__._.._..._.�..,_�........�_, �..�..�_._......_.. .�,,.__..._..u.__ ' Raiph Lowe wan�ed seneral points clarified, One, establish whether the appointment of Ralph Lowe by unanimous vote of Council at 2:30 �.M. , May 18th at time of Mr. Unruh's resignation, to �perate the Utililies Department was legal; Two, define t�e financial and operational jurisdiction of such an appointrnent. Marvin Childers was asked what he felt was his funetian as Councilman responsible for the Police Department. He stated that he saw the function as being a coordinator. Although each Council- man is responsible for all departments, that individual Councilmen can be responsible for one particular area; that he represents the Council to the Police Department and the Police Department to Council; that this does not include authorization to spend funds. Coleman Carter will prepare a brief for September 8, 1965 Council meeting. The following statement and questions are to be included in addition to those of Ralph Lowe above. William Davidson, since minutes o� the May 18th Executive session have never een written establishes in his response lette� that Ralph Lowe was a�poin�ed b� unanimous vote to operate the Water and Sewer De�artment for thir y days, due to the resignation of Superintendent Wesley Unrah, at an E.xecu�ive Counci meet�ng on May 18, 1965, 2:30 A.M, for Council present. Mr. Davidson insisted that Mr. Carter's brief be in Ietter form on his business stationery and signed. Mayor Wagner asks: Establish the identity of an unpaid em- ployee,who is also a Councilman. Arden Hill asked who has authority to give paid vacations ico emplo�ees such as Mitch Wright who has been on full time for about ninety days, Marvin Childers, the Police Coordinator, denied any knowledge or respans�.bility for any paid vacation for any City Police Officers. Mayor Wagner stated that he had given approval for Mr. Wrights eight day paid vacation; that Mr. Wright had been a paid part-time officer for over a year and a half. 2: 00 P.M, William Walsh repo�ted that the sewer Iine on Royal Court was being flushed and cleared out now, that it needs checking sec�ion by section, that inverts were now built on these manholes. Slope (invert) makes collectian qf residue difficult. Methane gas does form in sew�r systems, It m 3ght be possi?�le to put an airvent on the manholes that are nat z n the street that wc�uld help move aix. Ralph Lowe stated that he had already asked a contract or for an approxima e pr ce on correc�tin ,. this sewer ine on on ay o this week, to be r�ought to �ouncil for forma�_on o bids . ��t Ralp h Lowe' s request William Waish was authorized, o� an open order basis, to prepare engineering recomme�dations on 'the sewer line loeated on Royal Court. Mayor 1rlagnex statied that Leon Brown agreed, ta the W.C .&I.D, ��-5 Board, to repair the street, if tarn up for repair of this poar�- icular 3ine , There is clay available fxee of cost, if we �uthorize expense of truck to haul this material, Zt is needed �o build up a levee at Sewer Plant #2 prior �o Hurricane season. Reference to meeting with Pearland City Officials: �rior to adjourning, Bill Davidson took the opportunity to advise both Mayor Wagner and Marvin Childers that he, (Bill Davidson) believes that although the meeting with the Pearland Personnel was excellent, an injustice had been d�ne t� Arden Hill and Ralph Lowe who were not invi�ed. In spite of Mayor Wagner advising Bill Davidsan and Ralph Lowe on Sat. Aug. �8th that �he Pearland persQnnel insisted on only two Councilmen �n each side, Mayor Kegly and �-Councilmen , �� -.<<-�-�� -� `n-°`-�-�-� and r� were presen't al�ong with Mr. Armond Stoneman. " ��-�-�� .�� -�-�-�r�,,�=��' � i�-�%��%� � %�.� - L-'��/� -'S��C�"o-�i� A PPROVED: � ,�/ � �c�� ._ ,��-�,� _ �, , -� � �� ✓ � 4` �..,Sl.��`��'' � ;��; � �,.:,��,.�.%� E� D. � - Mayor _