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HomeMy WebLinkAboutCC Minutes 1966-03-21 Regular t ri MINUTES OF THE REGULAR COUNCIL MEETING, MARCH 21, 1966 A regular meeting of the Friendswood City Council was held March 21, 1966; 7:30 P.M. at City Hall. Present were Mayor Harry D. Wagner; Councilmen Childers, Davidson, Hatcher, Hill, Lowe; City Secretary Artha Wright; City Attorney Coleman Carter; City Engineer William C. Walsh; Water and Sewer Superintendent Wesley Unruh. Also present were Mr. & Mrs. John L. Olivas, Mrs. W. R. Horning, Mrs. D. T. Swift, Don Smith, Marie Allman, Jim Bishop, Pat Reed, Ed Shumilak, T. F. Woods, W. T. Still, D. H. Hay, Glenda Hay, G. T. Roy, Betsy Munell, Wiley Murrell, Frances Hicks, Clay Hicks, R. N. Townsend, Jimmie C. Williams, Viola Williams, Deloris Griffin, Tony Banfield, Pete Workman, Marie Workman, Mrs. E. W. Broptigam, Mrs. John Worth, John Worth, Joseph P. Jones, Frank Parmenter, Fred Chalfont, W. A. Whipkey, W. J. Wilson, Mrs. A. W. Barker, Billie Walsh, L. V. Chambers, Betty Shore, Joyce Horton, Marilyn Lunney, Margie Lowe, Rita Hatcher, Nelda Greathouse, Ron Hamil, Gene Greathouse, C. C. Bost, E. 0. Kennedy, Paul E. Fitzgerald, Jr. , Ray Nelson, Thomas J. Grimsrud, Mrs. C. D. Purple, Mrs. Lynn Kilbourn, Elree J. Wilkinson, Atwell, C. K. Mills, Robert M. Senter, Bob Phillips, H. K. Speck, B. Molley, L. E. Obenhaus, Mr. & Mrs. T. A. Dorrough, Mrs, Frank Cogdell, Mrs. Tracy Spears, Mr. & Mrs. David McCraw, Louise Haardt, Gene E. Norton, W. B. White, Mrs. P. R. Maloney, Ramons A. Pike, Margie Myatt, P. R. Maloney, F. C. Pike, Ralph D. Brooks, Bernard Horn, William C. Walsh, Marjorie Harris, James Harris, R. J. James, E. 0. Zeitler, Mrs. - D. W. Lanning, Mary Agnes James;; Agnes Kahn, M. J. Lawrence, Dr. Barney A. Myatt, Leslie D. Thorn, J. A.,:. Lawrence, R. W. Somers, H. H. Jones, Glenn Dale Martisek, Fred Naw, M. F, Krch, Dona Hollis, C ro1 Cline, A. D. Harper, C. W. Cline, D. P. 'Vaughn, Coleman Carter, Leah North, D. Romeike, Jean Welch, Wesley Unruh, Betty Merchant, J. T. Raper, Keith Still, Marie Moore, Norbert Acuffy Norman Weaver, Pat Weaver, Dennis Grizzle, D. W. Lanning, Kay Beggs,. Hu`berta Mora. C/may Leslie Thorn entered a prepared statement With the City Secretary to be presented at this meeting. Correct and Approval of the Minutes: March 7, 1966: Approved after corr�etion by unanimous vote of Council. Councilman Davidson made a recommendation that we base the per diem rate for City personnel on a basis of $16:100 day to be divided into quarters and transportation cost be reimbursed`; at the rate of round-trip air tourist fare to destination from Houston. Councilman Davidson read a letter' dated March 21, 1966, to Mayor Harry D. Wagner, City Secretary Artha Weight, signed by William E. Davidson, Harry M. Hatcher, Arden C. Hill, Jr. , Ralph L. Lowe. Subject: Final Approved Minutes of City Council Meetings. -- (Copy Attached) 7#1 City Secretary Artha Wright, read a sworn statement concerning Minutes. (Copy Attached #2 City Secretary, Artha Wright, read a letter from Artha Wright to City Council, dated March 21, 1966. Subject: City Council Minutes. (Copy Attached) #3 I City Secretary, Artha Wright, introduced a Memo for Record, March 15, 1966. (Copy Attached) # Mayor Wagner will assign the 24 corrections to the Procedures Committee: Leah North, Helen Pesman, Joyce Horton, Joyce Shaeffer, Marie Allman, Leslie Thorn will represent the Mayor on this committee. Mayor Wagner read a letter/to Councilman �avidson from Attorney Coleman Carter, dated March 21, 1966. Subject: City Council Minutes. (Copy Attached) #'5 Leslie Thorn read the following statement: Gentlemen: At his request, I did review with Councilman Davidson the 24 instances of alleged descrepancies which he has noted in the Council minutes. Subsequently, I prepared and furnished the City Secretary, a memorandum on the observations I made during the- review. It is available for your information. Too much has been said about the minutes. Granted there are instances where corrections directed by the Councilmen have not been accomplished per se. However, much more serious is the fact that additional statements,, opinions and editorial comments have been incorporated as a result of the technique used in correcting. These corrections, for the most part, are unchallenged when made. However, the City Secretary and the Mayor are reluctant, and in some instances, have refused to isign the minutes, as corrected. I can only agree that their actions are prudent undex° circumstances, and it istn fortunate that the matters in the minutes in question have not been previously resolved. I suggest that the Mayor assign to one of the Councilmen the drafting of proper council procedures for recording and cor- recting of minutes. Motions, resolutions, warrants, records, subjects discussed, appointments, directives, and persons requestdd to appear before Council should be recorded. Sub- sequent corrections should be handled as addendums. The originator and date of correction should be shown; DO NOT CHANGE THE ORIGINAL MINUTES. Statements or personal opinion should be entered only at the direction of the originator and should be so identified. Questions or statements from the floor should not be entered unless authorized and restated by a Councilman or the Mayor. Councilman Lowe made a recommendation that Council meet in Special Session Monday, March 28, 1966, to werk finalize the Minutes. The Council unanimously agreed to Geuneilman r 'A/1� recommendation. - 2 Communications from IV-he Mayor: Mayor Wagner read a letter from Heloise Canter to Mayor Wagner, dated -T March 71.8, 1966. Councilman Davidson cony" rmed teat U as a courtesy he had advised Mrs. Canter of the possibility of changing auditors every two years since such a provision was in the proposed water board Ordinance re- cently approved by the Mayor arid, Council for formal Ordinance drafting by the City Attorney. (Copy Attached) #L6 Mayor Wagner read a letter from William C. Walsh.. City Eingineer, to Mayor And City Council, dated March 21, 1966, regarding Capital improvement Program. (Copy Attached ) #47 Mr. Walsh gave a cost breakdown. The total project cost would be approxi-. mately 6)700,000.00. The Federal Government would take care of approxi- mately1200,000.00, making a net cost to the City of approximately $��;00,000.00. Mr. 'Kalsh stated that, in his opin-ion, there are two pieces of this which should be initiated late this summer, or this fall. This would be a new interceptor trunk. sewer line from the old sewer treatment plant (#1 ) on Choate Road to Plant 7"- p Drive 2 Deewood Dve (cost, approximately $310,000-00: $93,000.00 Federal aid: 217,000.00 net cost to the City" and then a gravity line from District 7r21 line to intercept this new inter- ceptor line, (cost, approximately $80,000.00: $214,000.00 Federal aid; $56,000.00 net . cost to the City) . There should also be included soon, a. sewer line to serve Friendswood Forest. This line and the necessary laterals would cost a proximately $130,000.00: $30,000. 00 Federal aid; $100, 000.00 cost to City}. Money should also be included in a bond issue for a trunk interceptor sewer line that would o down Cow U Sunset art Creek to Drive,U (cost a proximately $170,000.00: 51,000.00 Federal aid; $1-19,000.00 cost to City�. All these add up $700,000-00: $200,000.00 Federal aid; " 500,000-00 to City cost. Unruh Report Pol-Con: At the invitation of Bill Davidson, W. J. Wilson, of Texas Hydro-Science Products, Inc. , appeared before Council to answer questions on Pol-Con, an enzyme base organic culture which is a chemical that is reported by t1neir company to accelerate digestion of sewage. Mr. Wilson, stated that they, meaning Texas Hydro-Science Products, Inc. , have found that with the use of this product we are able to actually treat more sewerage in a rated capacity plant which eliminates the necessity of building a new plant or at least increasing present facilities. This serviceif accepted, is performed on a fee basis. Mr. Wilson stated the product has been effective in other cities as shown by laboratory analysis of lowered B.O.D. rates. We have talked with Water Pollution Control Board and Texas State Health Department. Mr. Wilson and Mayor Wagner stated since this is exper- imental there will be no charges for installation of equipment and use of product at Friendswood sewer plant No. 1. No charge will be made unless Council C or this service. Mr. Wilson farther stated approves a contract for - V that according to the Texas 'Hydro-Science Inc. agreement with Mayor Harry D. Wagner, if the City Council does accept the Texas H-ydyro-ScienCe ]IF'o-1-Con enzyme process the City of FrJenrdswood will be obligated to pay tl , 058.00 J- 1 - -nonthly service charge begnn,,Ing ia' ins'al'ation charge plus $600.00/'. L Dec. 15., 10.65, 1 * Mayor 11a--gner and Wesley Unrun, 11,Jfater Supperint-eendent stated that they felt C> that the Pol-Con is being added nol.-i is h-elping the rrocessin? r .if Since during the regular March 7, 1966 open regular City Council meeting, Mayor Wagner, after being directly questioned by all Councilmen repeatedly denied the existance of any written contract or correspondence- between F Texas Hydro-Science and the City of Triendswood, between the City and Galveston County and State Pollution Board at Austin. Councilmen Childers, Davidson,, Hatcher, Hill and Lowe signed a letter of inquiry addressed to Mr. Hugh Yantis, Texas Water Pollution Board, requesting all available information and errespondence between the Board and the City of Friends- wood on this companyts operation in Friendswood. As a result of this March 9, 1966 letter of inquiry considerable documen- tation was received from Mr. Yantis. Councilman Lowe presented and read the following correspondence to be entered into these minutes : TO: Mr. Hugh Yantis FROM: CouncilmenChilders, Davidson, Hatcher, Hill and Lowe. DATE: March 9, 1966 SUBJECTIL : Request for information on Pol-Con of Texas Hydro-Science Froduc tS' Inc . (Copy attached) TO: Mayor Wagner FROM: Jack R. Townson., President, Texas Hydro-Science Inc. ,.DATE-. November 2, 1965 the "Product" . SUBJECT: Description of proposed experimental-1 plan o.Lf I (Copy attached) #9 Mayor Wagner stated that since he did not consider the t-ermq. of this letter acceptable he did not consider it as having been re- ceived of its ceived by the City and accordingly saw no reason to advise Co e""Istance at the time of its receipt last November. TO. Mayor Wagner FROM: Jack R. Townson., President, Texas Hydro-Science, Inc. D A TE: November 13, 1Q65 SUBJECT: Additional -information on and proposal of Sewage Plant treatment. (Copy attached) -/,-!10 Mayor Wagner also stated he did not consider 'Uhis letter as having been received by the City. TO: Mayor ror Wagner cretary Texas Wat-er_ FROM: h C. Ya:ntis, P.E. , Assistant" Execu ective l Texas Water Pollution & Control Board DATE: February 11, 1966 SUBJECT: Letter of response to Mayor Harry D. 1,.,,Ta gner I s January 265, 7.9606 letter to Mr. Hugh Yantis regarding equipment for sewage treatment plants and the Texas Hydra-Science products, Inc. experimental enzyme process installed in our sewer plant No. 1. (Copy attached ) #11 7t TO: Mr. Hugh Yantis, Texas Water Pollution & Control Board FROM: Mayor Wagner DATE: January 26, 1966 treatment equipment, Tex-as. Hydro- SUBJECT: Request for information - sewage t_ C 4-r Science Products, Inc,. experimental enzyme process and pollution =1 ol. (Copy attached) Fi'12 TO: Mayor Wagner FROM: State Health Denartmen-,-, DATE: February 25, 1986 3 UB J E C'T Ci-ty of Friend swood, Permit No. 1017; the above five (Co,oy attached) After individually readling each of U­ letters between Texas Hydro-Science Products, Inc. and Mayor Wagner and between Mayor Wagner and Mr. Hugh Yantis, Texas Water Pollution Board, Austin which were received as enclosures to Mr. Hugh 'antis ' - letter of response to Councilmen Childers, Davidson, Hatcher, gill and bowers March 9, 1966 letter. Councilman Lowe asked both Mayor Wagner and Mr. Wilson if there was any more correspondence between Texas Hydro- Science and the City of Friendswood. after both Mr. Wilson and Mayer Wagner denied the existance of any additional. correspondence, Councilman Lowe read the following (attachment ,T'14) ',0 day testimonial letter on City of Friendswood stationary mutually signed by Mayor Wagner and Wesley Unruh. Under questioning, Mr. Wilson stated that he had assisted in writing at least pact of this letter. TO: Texas Hydro-Science Inc. FROM: Mayer Wagner and Mr. Unruh DATE: February 4, 1966 SUBJECT: Re: Enzyme Treatment-, (Copy attached) -414 which was obtained from the files of the City of South Houston. There was discussion by Councilman Lowe, Mr. Wilson, Wesley Unruh, Mayor Wagner on sewage treatment, Pol-Con, lack of facts, lack of correspondence. Councilman Lowe asked Councilman Davidson how much money have we spent in the last two months in the Utility Department (on Sewer Plant operations?) after asking Mayor Wagner if the City used any of our funds to install any of the Pol-Con equipment or.' if any abnormally high disbursements had been made in January car February1966) and t :e Mayor stating "No" to each question, Councilman Davidson said according to Mrs. Canter's Jan.-Feb. 1966 monthly audit (attachment ,115) $18,000.00 approximately. Our income �'c�r the same period was 16,2 79.00 of ��ahich $4,365.03 was not a normal in- came but a transfer from the construction fund. Since this two month expenditure was quite high, Councilman Davidson read the following compara- tive monthly averages: Budget Comparison Figures - Operation of Utilities Department City took over operations December, 1964 December, 1964 through May, 1965 4,2427.92 Councilman Lowers operation. June, 1965 through September, 1965 4,428.69 Mayor Wagner' s operation October, 1965 through February, 1966 6,549.55 )18% increase Councilman Lowe stated he had no objection to trying the product, "I do think that the records that came from the product should be made avail- able to the Council. " Dr„ Quebedeaux -- Pollution Board Harris County, attended as a result of --- Mayor Wagner t s contact with Harris County Judge Bill. Elliott as indicated below. �- Mayor Wagner stated that March 15, 1966, around neon he received a cal'' from a lady in Friendswood concerning Crangish-red color in Clear Creek an oil slick and a pungent odor. Mr. Buenavitas a Biologist, of Harris County Pollution Control Board had been called. He took samples and he and Mayor Wagner followed color and smell along Clear Creek. Dr. Quebedeaux stated that he had told Mayor Wagner Friday morning that it would take a court order. He further stated that Mayor Wagner's first thought was to get a court order from our Corporation Court since the Mayor is magistrate. Then Mayor Wagner apparently talked to City Attorney, who called County Judge (Harris County). Dr. Quebedeaux then received a call from Judge Elliott. He resents this method and is here under those orders and feels that this is no place for what he has at this moment. He feels that appearing during apolitical campaign time might tend to invalidate the confidence of industry that he has built up over fourteen years. The report is not complete at this time. Pre- liminary report: Lowe Chemical pictures, hay baffle for removal of oil, skimmers; recommended API separat6r. There was a basket of fish in stream by Lowe Chemical, also further down stream. All fish alive at time of investigation (5:00 P.M., March 21, 1966). Five samples, March 16, 1966; one before hay baffle, one just after it; one where tank farm comes in; one at ; one at Choate Road. The one at Choate Road is only one that supports fish life. March 19, 1966. Hay baffle held considerable amount of oil. Mayor Wagner asked if there was contamination at time of samples (March 16, 1966). Dr. Quebedeaux said yes, four out of five samples killed fish. Councilman Lowe asked if there had been lack of cooperation in pollution problems from Lowe Chemical Cow. Dr. Quebedeaux stated that since Mr. Lowe had taken over the plant, there had been no lack of cooperation on correction of problems, although correction, at times, took time. 1 Oil Filters: Councilman Childers reported that Frantz oil Filters were introduced to the Council at Workshop, March 14, 1966 and recommended their use. They will save many dollars in oil deeded for City vehicles. The question of how installation of these will affect guarantee on police car will be checked out before installation. Council unanimously voted to purchase these for City vehicles, excepting police car, until its guarantee status is checked out. Planning Commission recommendation on Merriewood Subdivision: Councilman Davidson made a motion, seconded by Arden Hill, to accept Merriewood subdivision for referral to Planning Commission. Motion carried by unanimous vote. Lots 2 and 7 have a variance in lot dimensions, i.e. , width (701 ) is not according to Ordinance ; 23. ounelmn Hill made a motion, seconded by Councilman Hatcher, that the variance be granted as recommended by Planning Commission. Motion carried by unanimous vote. Ordinances and Resolutions: Second Reading: An Ordinance deleting Ordinance #65, Amendment-I: THAT SPRING LOADED BB GUNS OF THE DAISY TYPE BE EXCLUDED FROM ORDINANCE #65, WHEN FIRED NOT LESS THAN 200 FEET FROM ANY RESIDENCE. AMENDMENT - APRIL 5, 1965. Passed on second reading by motion of Councilman Childers, seconded by Councilman Davidson, Motion carried by the following vote: For 3: Councilmen Childers, Davidson and Lowe; Against 2: Councilmen Hatcher and Hill. - S Departmental Reports : - Police Department, Car Accident Report: In response to a remark made by Councilman Hill at Candidates night of March 11, 1966 at the school, to the effect that there was more going on in the Police Department than Councilman Childers (Police Coordinator) knew about, Councilman Childers stated that he approached Councilman Hill March 12, 1966 and asked him to explain what he had meant. Councilman Hill asked Councilman Childers if he knew about an accident that had happened to the Police car that had not been reported; that considerable damage was done. Councilman Childers replied that he did not know of this. Councilman Hill told Councilman Childers that he had intentionally not been informed. Councilman Childers s&id he would investigate this report of a major accident and report on it at an open Council Meeting. Councilman Childers contacted Chief Wright and was told there had been no such accident. After some thought Chief Wright said there was a very minor accident in December. During a city wide electrical power failure, the officer on duty slipped on a wet street into a stop sign damaging the rear right fender. This damage has not been repaired and is there to be seen by anyone who might be interested. There is a very small indentation and scratch which is difficult to see unless it is pointed out. This is all that was involved. Councilman Hill stated that he said nothing about it being a major accident, that the dents have been knocked out to a certain extent since the accident occured. Councilman Childers further stated that there had been no I intention of hiding a minor accident either by the patrolman or the Police Department; that this was reported on the daily report. i Councilman Davidson read a memo from the Police Department (Copy Attached) #16, Re: Security-City Hall Building to Mayor, Council and all City :employees. Councilman Davidson questioned instances of doors being left open; asked if he was being accused of such an instance; and turned in his keys to outer door and City Office:, Councilman Childers stated that nothing was intended toward Councilman Davidson and didn't know why he took offense. Councilman Davidson and Councilman Hatcher requested that all corres- pondence from any source be signed. Street Committee Report: Councilman Lowe reported that the installation of 36" the across Castlewood by county grad-all had been postponed; that primarily Shadow- bend was done from Baker' s Food Market and hole in the road by Lucky Carlile ' s service station; opened up drainage, on this portion of Shadow- bend to Morningside; did drainage on Morningside to Heritage. There was some difference of opinion between the Harpers and Councilman. Lowe about this work being done by the Harper property. Councilman Lowe felt that City Hall should back up Councilmen in their work for the City. Mayor Wagner explained that the objection given for this work was fear of damage to Harper's property; taking up their culverts and changing them for another size put in. Mayor Wagner stated that we need an established policy for replacing or putting in culvert tile. Councilman Lowe gave the policy that they are following; 15" the (minimum) is required by recommendation on record; that 15" the cost $1.53 per foot; every citizen that needs tile or the replacement to facilitate drainage will be char§ed $1.53 per foot regardless of size needed and used, i.e. , 36", 24 ' etc. Councilman Lowe read a letter from William C. Walsh to Councilman Lowe, dated March 21, 1966, re: Drainage Morningside Drive. (copy attached) #17 Councilman Lowe read a letter from Mr. & Mrs. E. W. Brautigam to Councilman Lowe, dated March 18, 1966, re: Drainage Morningside Drive. (Copy Attached) #18 Street program expenses for the month so far. (Copies Attached) #19, #20, #21 There was discussion of putting Mr. E. 0. Zietler°s driveway in useable condition. To do it right,- it would involve work on Castlewood drainage by installing 54 feet of 36" culvert tile, provision for 24" the to go down along Castlewood so a drainage box can be made for culvert to go across, additional fill, shelling. This considered capital improvement. It would take about $500.00 to make it readable. Councilman Hill made a motion, seconded by Councilman Childers that we grant $500.00 for the aforementioned improvements. Motion carried by unanimous vote. Oil on Winding Way-Leisure Lane. Mr. Griggs requested oil on roads in his area. After discussion, Councilman Lowe agreed to get oil and oil. Winding Way-Leisure Lane and continue on other streets as long as oil lasts. Councilman Lowe read a letter to Councilman Lowe from Robert H. J. Osborne, Jr. , dated March 1, 1966, re: right-of-way Clearview Avenue. Councilman Davidson made a motion, seconded by Councilman Childers, that Councilman Lowe proceed with oiling (4,000 gallons). Motion carried by unanimous vote. Warrant #78o, $86.59, is authorized by Council. Mrs. Cara Huss is authorizee ay the City of Priendswood to attend Seminar--Beautiful Texas— Invitation to Action. Registration 15.00 Per diem &t $16.00 32.00 Transportation based on tourist jet round trip 39.59 .5 Councilman Davidson made a motion, seconded by Councilman Hill, that warrants #2372 through #2388 and # through # be approved. Motion carried by unanimous vote. Mayor Wagner ordered Special election to fill the unexpired term of - Councilman Lowe. Election Date: May 26, 1966. Councilman Lowe made a motion of adjournment, second by Councilman 'Hill. Motion carried by unanimous vote. Respectfully submitted Artha Wright, City S tary APPROVED: Harry D. Wag er, Mayor Ij i f i s