City Council

MINUTES OF THE CITY COUNCIL OF THE CITY OF GALVESTON REGULAR MEETING - SEPTEMBER 21, 2023 9/21/2023 - Minutes 1. DECLARATION OF A QUORUM AND CALL MEETING TO ORDER With a quorum present, the meeting was called to order at 5:01 p.m. 2. ROLL CALL Mayor Craig Brown, Mayor Pro Tem David Collins, Council Member Sharon Lewis, Council Member David Finklea, Council Member Mike Bouvier, Council Member John Listowski, and Council Member Marie Robb. 3. INVOCATION The invocation was given by Rev. Steve Hill of First Presbyterian Church. 4. PLEDGE OF ALLEGIANCE Mayor Brown led the Pledge of Allegiance to the American Flag and Texas Flag. 5. CONFLICTS OF INTEREST None. 6. PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGER 6.A. Pursuant To Texas Government Code Section 551.0415, The City Council May Report On Any Of The Following Items: 1. Expressions of thanks, gratitude, and condolences - CM Lewis invited the community to a reception in honor of Miss Juneteenth Madison Swain at Nia Cultural Center on October 8th. She reported that October 14th is the second annual Kimble Anders Day. 2. Information regarding holiday schedules 3. Recognition of individuals a. Catholic Daughters Proclamation - presented by CM Robb. b. LGBTQIA+ History Month Proclamation - presented by Mayor Brown. c. Arbor Day Proclamation - presented by CM Bouvier. 4. Reminders regarding City Council events - Mayor Brown announced that a special City Council meeting will be held on September 27th at 9:00 a.m. for a public hearing and approval of the property tax rate. 5. Reminders regarding community events 6. Health and safety announcement 7. COMMUNICATIONS AND PETITIONS  5. Reminders regarding community events 6. Health and safety announcement 7. COMMUNICATIONS AND PETITIONS Claims: 23-074 - Jared Farmer; 23-075 - Sonia Carranza; 23-076 - Lafitte Townhomes; 23-077 - Mary Candace Noyd; 23-078 - Tony Tobatto; 23-079 - Jaime Javier Loubet; 23-080 - Joe Davis 8. PUBLIC HEARINGS 9. PUBLIC COMMENT Agenda Items: Kimberly Danesi - Galveston Park Board Budget. Non-Agenda Items: E. Henderson - violation of court orders; Sheryl Adair Theiler Yastic - criminal trespass notice; Bill Clement - Claim #23-076; Carolyn Nelson-Becker, Keith Becker, and Patricia McDonald - proposed South Shore Pump Station; Nancy Carpenter and Anthony Grizzaffi - homelessness; Becky Major - Galveston Theatre and Arts Partnership; Sheila Bell - take precautions and prepare for things that are coming. 10. ORDINANCES (NOT REQUIRING PUBLIC HEARINGS) 10.A. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Amending The Code Of The City Of Galveston, As Amended, Chapter 15, “Garbage And Trash”, Amended” By Increasing The Monthly Fees To Be Charged For Garbage And Trash Collection To The Amount Of $129.00 Per Month For Commercial Accounts Effective; Decreasing The Days Of Service And Providing For Additional Carts; Making Various Findings And Provisions Related To The Subject; Providing For An Effective Date. (D. Bender) The Ordinance was read by caption. Motion was made by CM Listowski, second by CM Robb, to defer action until next month's meeting on October 26th. Unanimously approved. 10.B. Consider For Approval An Ordinance Of The City Of Galveston, Texas, Giving Provisional Approval Of The Budget Of The Galveston Park Board Of Trustees; Directing City Staff To Assist The Park Board Staff In The Development Of A Final Budget; Allowing For The Payment Of The First Quarter Of The Park Board’s Anticipated Hot Budget; Requiring The Execution Of An Interim Hot Contract Prior To Payment Of Such First Quarter Payment In Conformity With The Annual Budget; Directing A Final Budget And Hot Agreement Be Submitted To Council In October 2023; Providing For An Effective Date And Making Various Findings And Provisions Related To The Subject. (Legal) Ordinance No. 23-059 was read by caption. Motion was made by CM Robb, second by MPT Collins, to approve the ordinance. In favor: Brown, Collins, Lewis, Finklea, Listowski, and Robb. In opposition: Bouvier. Motion carries. 11. CONSENT ITEMS - The Following Items Shall Be Considered For Action As A Whole, Unless One Or More Council Members Objects. The City Manager Is Authorized To Execute All Necessary Documents Upon Final Approval By The City Attorney. Motion was made by Mayor Brown, second by CM Robb, to approve Consent Items 11AA through 11BB, except 11U. Unanimously approved. 11.A. Audit Plan 2023 3rd Amendment 11.B. CMS2023-2 Street Project Contracts 11.C. Consider For Approval A Data Access Agreement Between The City Of Galveston And The Flock Group, Inc. (D. Balli) 11.D. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Authorizing The City Manager To Execute Documents Accepting A TxDOT STEP “Impaired Driving Mobilization Enforcement And Speed Enforcement” Grant For Fiscal Year 2024 From The Texas Department Of 11.C. Consider For Approval A Data Access Agreement Between The City Of Galveston And The Flock Group, Inc. (D. Balli) 11.D. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Authorizing The City Manager To Execute Documents Accepting A TxDOT STEP “Impaired Driving Mobilization Enforcement And Speed Enforcement” Grant For Fiscal Year 2024 From The Texas Department Of Transportation In The Amount Of $42,635.95; And Providing For A Local Match Of $8,703.64; Providing For Findings Of Fact And Providing For An Effective Date. (D. Balli) Resolution No. 23-023 11.E. Consider For Approval A Resolution Approving And Authorizing The City Manager To Execute An Agreement Between The City Of Galveston And The County Of Galveston For The Provision Of Fire Protection Runs Into Unincorporated Areas Of The County, Providing For The Payment Of Funds To The City By The County; Providing For A Term Of One Year With Renewal Annually For Four (4) Consecutive One (1) Year Terms; Approving And Authorizing The City Manager To Execute The Agreement Upon Final Approval By The City Attorney. (C. Olsen) Resolution No. 23-024 11.F. Consider For Approval To Receive A Manitowic Ice Machine From The Galveston Chapter Of Adopt-A- Cop. (D. Balli) 11.G. Consider For Approval Authorizing The City Manager To Execute An Agreement With Trusco Inc., Dba Russell Glass Company, For $633,199.89, And Authorize The City Manager To Execute The Contract Upon Final Approval By The City Attorney (M. Shahan). 11.H. Consider For Approval Authorizing The City Manager To Execute The Purchase Agreement To Purchase The Leasehold Interest Containing Approximately 13,977 Sq. Ft. Of Hangar And Office Facilities In Three (3) Buildings Built In 2002, 2004, And 2008 From The James Henderson Children's Insurance Trust, Inc. Located At The Scholes International Airport At A Cost Not-To-Exceed $565,785.00, Upon Final Approval Of The City Attorney (M. Shahan). 11.I. Consider For Approval, Authorizing The City Manager To Sign The Texas Department Of Transportation, Aviation Division Grant 2212GALVN Amendment No. 01 For The Rehabilitation And Marking Of The South Apron And South Ramp And Pay The Final Invoice Upon Final Approval By The City Attorney (M. Shahan). 11.J. Consider For The Approval Of The Repair Services To 1840 Which Is A 2010 Ladder Truck To Gass Automotive Inc. For A Total Of $47,843.94 Who Was The Lowest Responding Bidder And Authorize The City Managers Staff To Execute The Services Upon Final Approval By The City Attorney. Funding Will Be Supported By The Garages Outside Vehicle Repairs Account. (D. Smith) 11.K. Consider For The Approval Of The Purchase Of One (1) Camel 1200 EJ Max Jet/Vac Truck For The Municipal Utilities Department To Be Purchased From Houston Freightliner Through HGAC Buy For A Total Price Of $534,000 And Authorize The City Managers Staff To Execute The Purchase Upon Final Approval By The City Attorney. (D. Smith) 11.L. Consider For The Approval Of The Purchase Of One (1) Ford E450 TV Van For The Municipal Utilities Department To Be Purchased From Silsbee Ford Through TIPS Co-Op For A Total Price Of $257,981.33 And Authorize The City Managers Staff To Execute The Purchase Upon Final Approval By The City Attorney. (D. Smith) 11.M. Consider For The Approval Of The Island Transit Bulk Tire Contracts To Beasley Tires And Cy-Fair Tires Who Were The Lowest Responding Bidders That Met The Specifications And Authorize The City Manager To Execute The Contract Upon Final Approval By The City Attorney. The Funding Source Is The Island Transit Parts Account. (D. Smith) 11.N. Consider For Approval An Agreement With BFI Transfer Systems Of Texas, LP For The Operation Of The City’s Solid Waste Transfer Station In An Estimated Amount Of $4,266,212. Authorizing City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (D. Bender) Consider For Approval The Use Of The Cooperative Purchasing Contract Through Buyboard Contract  Manager To Execute The Contract Upon Final Approval By The City Attorney. The Funding Source Is The Island Transit Parts Account. (D. Smith) 11.N. Consider For Approval An Agreement With BFI Transfer Systems Of Texas, LP For The Operation Of The City’s Solid Waste Transfer Station In An Estimated Amount Of $4,266,212. Authorizing City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (D. Bender) 11.O. Consider For Approval The Use Of The Cooperative Purchasing Contract Through Buyboard Contract 694-23 From Otto Environmental Systems For The Purchase Of Automated Rollout Garbage Carts In The Amount Of $26,000.00. Authorizing City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (D. Bender) 11.P. Consider For Approval The Sole Source Purchase From Badger Meter For Various Sized Water Meters In The Amount Of 220,000 For The Fiscal Year 2024. Authorizing The City Manager To Sign All Documents Upon Final Approval By The City Attorney. (T. Pedraza) 11.Q. Consider Approving Purchase Of Traffic Signal Equipment, Supplies And Hardware Using The Contract With Texas Highway Products, Ltd. Through The BuyBoard Purchasing Cooperative. Estimated Costs For Products Is Not To Exceed Council Approved Budget For The Traffic Division. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (T. Pedraza) 11.R. Consider Approving Purchases Of Pavement Marking Supplies/Equipment And Traffic Related Equipment, Supplies, Signs, Posts, Hardware And Materials Using The Contract With Trantex Transportation Products Of Texas, Inc. Through The BuyBoard Purchasing Cooperative. Estimated Costs For Products Not To Exceed Council Approved Budgets. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (T. Pedraza) 11.S. Consider For Approval The Annual Contract For Landscaping Maintenance And Grass Mowing Services (RFP 23-19) To Beach Town Lawn Services, LLC In The Amount Of $84,999.92 Per Year. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (T. Pedraza) 11.T. Consider For Approval The BuyBoard Purchase Of Thirty (30) Traffic Signal Battery Backup Units Through Texas Highway Products, LTD. As Phase Three Of A Four Phased Project, For A Total Cost Of $178,980.00. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (T. Pedraza) 11.U. Consider For Approval Change Order Number Two (2) With Badger Meter In The Amount Of $572,026.55, Increasing The Contract Cost To $16,434,154.34, To Retrofit Non-AMI Meters Installed During The Bidding, Contract Negotiation, And Project Kickoff Phases Of The Advanced Meter Infrastructure Project. Authorizing The City Manager To Execute All Necessary Documents Upon Final Approval By The City Attorney. (T. Pedraza) Motion was made by Mayor Brown, second by MPT Collins, to approve Alternative #2 in the amount of $976,809.88. Unanimously approved. 11.V. Consider For Approval The Purchase Of Pool Maintenance Chemicals, Supplies, And Equipment For Lasker Park Pool, Located At 2016 43rd Street, Using The Buyboard Contract (#701-23) With Progressive Commercial Aquatics. (B. Sanderson) 11.W. Consider Authorizing The City Manager To Execute An Agreement With Texan Floor Service, Utilizing Buyboard Contract #642-21, For $25,493.85, And Authorizing The City Manager To Execute The Contract Upon Final Approval By The City Attorney. (B. Sanderson) 11.X. Consider For Action Authorizing The City Manager To Enter Into A 2 Year Maintenance And Support Agreement With Accela. Inc. For The Maintenance And Support Of The Permitting, Mobile Office, Code Enforcement And Parcel Management Software. (H. Dean) 11.Y. Consider For Approval An Agreement For The Purchase Of A Cisco Duo Multi-Factor Authentication (MFA) Solution And KeepIT From Centre Technologies Utilizing DIR CPO 4857 For A One Year Term. (H. Dean)  11.X. Agreement With Accela. Inc. For The Maintenance And Support Of The Permitting, Mobile Office, Code Enforcement And Parcel Management Software. (H. Dean) 11.Y. Consider For Approval An Agreement For The Purchase Of A Cisco Duo Multi-Factor Authentication (MFA) Solution And KeepIT From Centre Technologies Utilizing DIR CPO 4857 For A One Year Term. (H. Dean) 11.Z. Consider For Approval The Renewal Of The City’s Utility Management Solution (UMS) Technical Support Agreement For A 3 Year Term. (H. Dean) 11.AA. Consider For Approval A Four‐Year Contract For The Lease Of Xerox Copiers And Printers (Multi‐ Function Devices) To Xerox Business Solutions In The Amount Of $77,000 Annually, Utilizing Choice Partners Cooperative Contract Number 21/0031KN‐10. (H. Dean) 11.BB. Consider For Approval Minutes Of The July 27, 2023 Workshop And Regular Meeting. (J. Williams) 12. ACTION ITEMS 12.A. Consider For Approval A Resolution Of The City Council Of The City Of Galveston, Texas, Submitting The Names Of Five (5) Nominees Or Less For Election To The Galveston Central Appraisal District Board Of Directors; Directing The City Secretary To Send A Certified Copy Of This Resolution To The Galveston Central Appraisal District Before October 15, 2023; Providing For Findings Of Fact And Providing For An Effective Date. (Brown) Motion was made by Mayor Brown, second by MPT Collins, to approve Resolution No. 23-025 nominating Tom Farmer for election to the Galveston Central Appraisal District Board of Directors. Unanimously approved. 12.B. Discuss And Consider For Action The Scope Of The Financial Audit For The Port Of Galveston. (Brown) Motion was made by CM Bouvier, second by CM Listowski, to direct staff to immediately move forward to procure the services of an auditing firm or firms to conduct an audit of the Galveston Wharves Board and the Port's operation with the scale of the audit to include the following items: regarding upon procedure audits as it relates to FEMA liabilities, procurement, and cash management, and reconciliation of checks and accounts, with said firm to retained by either the City Manager or City Council as may be required by the Charter. Unanimously approved. 12.C. Discuss And Consider Appointments To The Following City Boards, Commissions, And Committees: (1) Motion was made by Mayor Brown, second by MPT Collins, to reappoint members of City boards, commissions, and committees as provided by the City Secretary and listed below. Unanimously approved. Airport Advisory Committee - Tim Beeton, Elgene Mainous, Michael Burke, Bryan Fisher, and Ruth Ruiz Arts & Historic Preservation Advisory Board - Surinder Aulakh and Elisabeth Cawthon Building Board of Adjustments and Appeals - Janet Hoffman Civilian Review Board - Norris Burkley, Jeff Taylor, Herbert Turner, Brian Masel, Levi Smathers, and Michael OReilly Cultural Arts Commission - Sherrill Hilton and Pat Jacobi Ethics Commission - Verna Brown, Joyce Calver McLean, Ruth Finkelstein, and Jennifer Pearson Families, Children and Youth Board - Franklin Berry, Toby Agnew, Zirsaday Robbins Briz, David Feil, and Elizabeth Murphy Finance, Fiscal Affairs and Investment Committee - Robert Weston Nuzum and Jonathan Zendeh Del Landmark Commission - Julie Baker and Christian Bourgeois Parks and Recreation Advisory Board - Charlyn Vaiani, Blair Alexander, Susan Nelson, and Diana Davison Tree Committee - Kathy Maines and Vicki Blythe Zoning Board of Adjustments - Lidija Bikova  Zendeh Del Landmark Commission - Julie Baker and Christian Bourgeois Parks and Recreation Advisory Board - Charlyn Vaiani, Blair Alexander, Susan Nelson, and Diana Davison Tree Committee - Kathy Maines and Vicki Blythe Zoning Board of Adjustments - Lidija Bikova (2) Cultural Arts Commission - Motion was made by MPT Collins, second by CM Robb, to appoint Jim Nonus. Unanimously approved. (3) Families, Children and Youth Board - Motion was made by CM Bouvier, second by CM Listowski, to appoint Beth Harlin, Cindy Roberts-Gray, Darryl Davis, Nancy Schultz, Candy Hattingh, Brianna Villarreal, Stevie (Rozlyn) Chiles, and Jonathan Warren. Unanimously approved. (4) Tree Committee - Motion was made by MPT Collins, second by Mayor Brown, to appoint Debbi Keese. Unanimously approved. (5) Zoning Board of Adjustments - Motion was made by Mayor Brown, second by MPT Collins, to move Carol Hollaway from the Alternate Position to Member Position 1. Unanimously approved. (6) Planning Commission - Motion was made by Mayor Brown, second by CM Listowski, to reappoint Rusty Walla. Unanimously approved. (7) Planning Commission - Motion was made by Mayor Brown, second by CM Robb, to appoint John Lightfoot. Unanimously approved. (8) Planning Commission - Motion was made by Mayor Brown, second by CM Lewis, to appoint Anthony Rios. Unanimously approved. (9) Wharves Board - Motion was made by Mayor Brown, second by CM Bouvier, to appoint Jeff Patterson. Unanimously approved. (10) Wharves Board - Motion was made by Mayor Brown, second by MPT Collins, to appoint Richard Moore. In favor: Collins, Lewis, Finklea, Bouvier, and Listowski. In opposition: Brown and Robb. Motion passes. 13. RECEIVE AND FILE (Non-Action Items) 13.A. Receipt And Review 2024 Holiday Schedule 13.B. Galveston Central Appraisal District Approved 2024 Operating Budget 14. ADJOURNMENT The meeting was adjourned at 6:46 p.m. Janelle Williams, City Secretary Date Approved: October 26, 2023