WEST GALVESTON ISLAND PROPERTY OWNER'S ASSOCIATION

MINUTES OF THE CITY MANAGER MEETING

October 26, 2007

October 26, 1:30 – 3:35PM City Hall, Room 204

Attendance:

City: Steve LeBlanc (short time) – City Manager; Kenny Mack – Chief of Police; Brandon Wade – Assistant City Manager; Angelo Grasso – Director of Public Utilities

WGIPOA: Jerry Mohn; Marty Bilek – Dunes of West; Peggy Zahler – Spanish Grant Bay; Don Buss – Palm Beach; and Tom Boothe – Condos

Department pf Public Works and Utilities:

Acapulco Village continues to have three main concerns, all have been addressed several times with no results: Sewers, Streets, and Drainage. Potholes make up 60% of two of our streets. A major blame for our street condition is drainage. A grader would help. I doubt an ambulance or fire truck would go on the streets. What can the City do to help our situation?

Response: Since the roads in the subdivision are private, the City is not responsible for the maintenance. State regulations indicate if the City begins to maintain the streets, then they are responsible forever. Even if the subdivision provides material and funds for any project, any work the City does becomes their responsibility forever. City Council has a list of the private roads in the City and they can set a policy in what to do. When the City installs sewers in the subdivision, they could take over the streets at that time. Any road project would be asphalted. Currently, sewers for Acapulco Village are targeted in the 2010 capital improvement program but there could be a possibility in 2009. Acapulco Village should make a formal request at the November City Council meeting.

Bermuda Beach:

Signs: Last year, following your request, the City installed 2 DEAD END signs to help us have less people backing in our driveways. It really helped. The Western sign fell and is on the ground beside where it was installed and the Eastern sign is crooked. I guess the wind moved them. Can you please ask to correct the situation?

Response: The Traffic Department will go out and look at the signs, straighten one out and replace the other.

Flooding: Along with the sign, the flooding on Bermuda Beach Dr to the west of Pabst Rd continues to be an ongoing problem. In addition, all of our roads need to be resurfaced, potholes keep popping up.

Response: The City will investigate if the 24 inch pipe just west of Bermuda Beach if it needs cleaning out. In addition, the City will place in the drainage study to investigate and to seek funding for the project. As far as re-surfacing the roads, Brandon advised there are no funds in this year’s fiscal budget and it needs to be requested in June for 2008 for the ’09 fiscal year budget. The pot holes can be patched and resurfaced now and the City will include on their routine maintenance list.

Dunes of the West:

Drainage: There is no drainage at the west end of Shores Drive in the Dunes of West Beach. The ditch along 3005 drains towards Shores Drive instead of vice versa. Over time it has filled with dirt and overgrown to the point that it no longer provides drainage. We would like to see the ditch dredged to prevent water from coming into the subdivision.

Response: Texdot cannot get out all the time and they certainly would like to see the City clean any of their ditches, which is not going to happen any time soon. They could conceivably clean out the ditches in one or two years. The Dunes of the West will pursue the matter with a Mr. Kerry Kip of Texdot.

FM 3005: Have the plans 3005 construction plans been finalized? Specifically what areas are going to be raised, and are the drainage ditches going to be addressed in our area as part of this project? With whom should we coordinate the effort – City or TEXDOT?

Response: The last information from Texdot was the plans will be finalized in May 2008 and to let the contract in the fall of 2008. It is a 2 to 5 year project and the cost will be somewhere between $25 to $40 million. The west end needs to keep on top of Texdot to make it happen.

11 Mile Rd has to be fixed. A child was almost hit at the end of the road while she waited for a school bus. There is not enough road and the right turn off Stewart is iffy at best. I believe the road is actually deteriorating from drivers running off the road to let someone pass. We heard there is money in the budget to widen the road and would appreciate an update when it will occur.

Response: The widening and repaving the road is in the current budget. The project is funded. To widen the road required a land swap with the current owners, Marquette Development. There are a few legal hurdles to complete now then the City needs to advertise the event in the newspaper. It will be done.

Gulf Palms: Drainage: Many homes were recently flooded in GP because the waters moving to 16 Mile Road from KB can not flow in the ditches which are located on the south side of Bristow. If the waters can not make it to 16 mile Road, they overflow the ditch and move under the homes. Even if the city does come with a pump (which they have been very good about doing: Many Thanks), the overflow waters remain under the homes for several day after the pumping has been completed. These remaining flood waters cause a great deal of concern and inconvenience. If the ditches and culverts at the east end of Bristow (South Side) were cleaned out, much of the overflow waters would not move under the homes and could flow to 16 Mile Road. Brandon and others with the city have promised to look into this matter in the past, still the flooding under the houses in GP continues to be a major problem for the home owners. The cleaning of the culverts and ditches at the East End of Bristow (South Side) would help both GP and KB.

Response: See Karankawa under the drainage area.

Cleaning of the ditches and culverts on Bristow Street is still under study and Brandon advised they will come up with a solution. The drainage study for this area will be ready in another 30 days. Brandon will advise when the study is ready and we will have a meeting with the affected subdivisions.

Hershey Beach: We do have water runoff problems from the public parking area. When it rains water backs up on the north side of the street. We would appreciate if the City could help with the drainage of this area during storms.

Response: Unfortunately, there is a "dip" in the parking lot and the only way to alleviate it is to overlay the particular section with asphalt. However, this application is not in the current fiscal year budget and the City requests Hershey Beach to make the request again in June, 2008, for fiscal year ’09 budget.

Karankawa:

Drainage: When is something going to happen with cleaning out the Bristow street ditch in Gulf Palms which will relieve some of the flooding in KB.

Response: The Gulf Palms and Karankawa Beach drainage study just arrived and to drain to the bay would cost $2.8 million, which is unacceptable. Gravity indicates it will go to the beach. Brandon mentioned the best way to drain this area is to drain to the beach and the City would build a pump station. He will have to convince the GLO and Texdot to allow this since all drainage is supposed to go to the bay. The City will ask the consultant the cost to drain between Karankawa and Gulf Palms to the beach.

The other is to close the cattle crossing culvert on FM 3005, which the City has requested Texdot but still no response.

Another suggestion was to consider a sump pump and build a large manhole. When it fills up, to pump to the beach.

Pumping: Please on my behalf and KB resident’s behalf thank the CM, PW Director, Brandon, etc. for the Karankawa Beach pumping. Adding the extra section of discharge hose so that the pumping no longer erodes the dune face and upper beach. The hose now ends where it should at the high tide line. The tide fills the gully within 24 hours. Unfortunately the hose only lasts for a few uses and must be replaced often.

Response: Brandon indicated they will replace the hose with a longer one when the current one wears out.

Sewers: Please ask the CM and PWD to include in the specifications for the sewer contracts in Karankawa Beach that no jack hammering out of the concrete streets is to be done, only tunneling under the streets (for placement of the sewer pipes). Same for all paved driveways (there is one that is not paved). KB is blessed with some of the best concrete streets of any beach subdivision. We do not want to see patches whether the patches are concrete or asphalt.

Response: Brandon will ask the designers not cut or jack hammer the streets and driveways.

Lift Station: If a sewer lift station will be required.....can we combine that with a storm water runoff lift station to pump the rainwater across the highway and into the bay?

Response: Brandon advised it cannot be done since this would be a violation of Federal Law.

Karankawa Townhomes:

Sewers: The pumping that the city has done seems to have helped and we appreciate the efforts. What is the current best estimate for when the sewers will be installed at Karankawa – beach and townhomes? We will soon be setting up a budget for 2008 and it would be helpful if we could have an estimate of what the costs will be.

Response: Best estimate is in the capital improvement program for 2010 but Brandon will try for 2009 also. Brandon mentioned the cost of the current sewer project between Sunset Cove and Jamaica Beach is $9 million.

FM 3005:

As an overall question to encompass all areas which will be affected if TXDOT has no funding, what is the cities back up plan for our drainage problems, Sanitary sewer installation and all other items that were all related to the FM3005 Project.

Response: This is not related to the FM 3005 project and the City will put in when they have funding for it.

If there is funding what is the City’s plan for drainage to the Gulf?

Response: Se above for Karankawa under Drainage.

Palm Beach: The issues are limited to two old ones: sewer and drainage.

Sewers are planned for the subdivision north of FM 3005 but when are they coming for the beach side south of FM 3005?

Response: The sewer project for Palm Beach is 100% funded starting first with El Lago Street, which has to be opened. The platted lots are not developed because there are no sewers in this area now. The project is 75% designed. The City plans to put the project out for bid in 60 to 90 days. Brandon expects construction to begin in March, 2008, and the entire Palm Beach project will take 9 months to complete from Stewart Road to the beach. As far as bringing gray water back to Palm Beach, there are currently no plans.

Drainage: What are the plans for drainage problems in Palm Beach?

Response: The drainage study for this area is just beginning for Pirates Beach and Palm Beach and Nottingham Camp Sites are included. The study will try to find solutions to the Palm Beach and Pirates Beach drainage problems.

Pirates Cove: Doubloon Street: There is a complaint from a resident that the City has "rutted" up the street/front yard on this street and has left the project incomplete (dug 3' wide, 6-8" trench), leaving equipment and apparently has not laid the pipe. In addition, the construction along 12 Mile Road has broken up parts of the side walk. The resident also complained that the City is doing work in the wetland area behind the residents in the area. The City should notify the property owners prior to start of the work.

Response: The City apologizes for any broken sidewalk and it will be repaired and replaced.

As far as working in the wetlands, this will be investigated.

Brandon believes some of the above issues were directed at the construction on Marina Bay Blvd.

As far as notifying the residents, the City will make certain door hangers are placed on the neighboring doors.

Settegast Road: The city does not seem interested in maintaining the property and has no interest in placing trash cans there. More than anything this is a public access issue because this is the only access to Eckert bayou. The ramp is completely washed out making suitable for kayakers. We would like the trash barrels again and the area mowed on a regular basis.

Response: Brandon will place the request on the City Manager’s report to City Council. The City currently does not have a policy on boat ramps. There are currently no funds in the budget in maintaining bay area boat ramps and it would have to be included in the fiscal ’09 cycle to maintain the entrance to water ways and access..

Spanish Grant Beach:

Lighting: The POA would pay the City to dig a trench to house the conduit to light the sign to the entrance of the subdivision. We are so concerned about the safety of our homeowners and visitors because of the fog situation and trying to turn off of FM3005. Any help would be most appreciated.

Response: Brandon mentioned the City could install another street light on the west side but this would not light up the street sign, "Spanish Grant Main". Brandon will also investigate placing a flashing yellow light on FM 3005 near the entrance to highlight the street.

Septic Tanks: What is the City policy? There are several in the subdivision and when are the sewers planned?

Response: There are no enforcement measures to make the residents hook up to City sewer and City Council would have to enact an ordinance. Brandon will bring up to City Council, which could take 60 to 90 days. After notification, if a resident does not tie into the sewer system, the City would turn off their water. This enforcement would be for the health, safety, and welfare of the community.

Drainage Work:

Response: The Spanish Grant Beach Homeowners Association appreciates the drainage work the City is doing in the subdivision. The sand excavated from the ditches can be used within the subdivision and to advise Planning, after GLO permission, where to place it, mainly shoring up the roads.

Sportsman Road:

Rip Rap: Sportsman road still needs more rip rap. When the water gets high, it's very apparent where we need the protection - at the very end of road in front of the Niland's place; the ditch is eroding into the bay. This did not happen until the city opened the ditch so it would drain into the bay about 4 years ago. The city did bring several loads of rip rap out last year when we asked before, but we need more. Also along the south side of the road across from the Nilands, there are areas where the road is just starting to be undermined a little. It would be good to address these areas before they get a lot worse, and we lose part of the actual road.

Response: The City will go out to investigate the area and add rip rap if necessary but they need an address.

Vacant Lot: The road along the vacant lot between the Anderson and the Koutrouvelis properties also needs a few more loads of rip rap. The city did respond to our last request by rip rapping about 1/2 the length of the property, but needs to finish the job.

Response: The City needs an address. The City may be able to help in some instances but usually this is an individual property owner problem. The City will investigate to see if rip rap is a good solution or what is necessary to fix the problem.

Bridge: I would also like to hear about the bridge - when is that repair work planned to be done.

Response: The City is having the contractor, Kelso, go out and give a cost for a temporary repair. The City has funds in the budget to replace the bridge this fiscal year. The bridge replacement will be difficult since it is very narrow and they will do it in a phasing plan. There will be challenging moments and the work when started should take 3 to 4 months to complete.

Sewers: Update on the sanitary sewer project for Sportsman. People have asked to know the schedule, as well as exactly what is planned. We've heard rumors that there will be a pump at every house; instead of constructing pump stations along the main. And if in fact the city is proposing this, we would like to know what that means - what kind of pumps, how are they configured, how are they installed, who pays for them and how are they maintained.

Response: The project is in the 2010 capital improvement program. The City has applied for a State and Federal grant for the project. It could go faster, possibly in the 2008 fiscal year depending on any decision or request by the TCEQ. The project is subject to a lift station for the Sweetwater project, which they will pay $750,000. The lift station will force the waste to Stewart and then to the Airport sewage treatment facility. The residences along Sportsman Road will have pressure sewers verses gravity ones because it is one mile from the main sewer lines and gravity will not work. The residences will have pressure sewer grinder pumps at their sewer line and will not see any difference and pay $4 to $5 per month to operate the pumps.

Sunny Beach

Thanks to thank Angelo and the city crews for adding material to our streets and grading them.
We are still awaiting the final cleanup of the water tower removal project. There is still fencing and debris that needs to be cleaned up.

Response: The City will finish the job as time permits but it is not scheduled now. The completion of the clean up depends on the land swap on 11 mile road with the Marquette Development group. See 11 Mile Road above. Until the swap is done, doubtful if they can complete the water tower removal.

We would like an update of the status of our sidewalk request.

Response: The sidewalk’s are not in the current 2008 fiscal year budget and Sunny Beach needs to make the request in June, 2008, for the fiscal 2009 budget cycle.

Terramar:

Sewers and roads: During the interim street repairs in Terramar Beach, there is some work being done on the sewer system. We would like to see the streets should be at least patched pending the promised new ones going in.

Response: Brandon would like to know the areas where the streets are not being repaired. They will temporarily repair or patch any potholes usually with rocks or gravel until the new streets are constructed. The City has out for bids the repaving of Terramar streets and construction should begin in about 9 months.

Public Safety:

Sands of Kahala: SOKB would like to discuss increased patrol overnight at Hershey's Beach Access Area. The campers need to be chased off and the wild parties need to be shut down. The patrols need to happen regularly.

Response: The Chief will advise the patrol division to increase patrols in this area. Also, if anyone sees a camp being set up for an overnight stay, which are illegal, to notify the police departments non-emergency number.

Gulf Palms: Last weekend (10/13), the east end of Bristow Drive had several cars parked partially blocking Bristow. These cars were parked directly in front of "No Parking Signs" (TOW AWAY) posted by the city. The non-emergency police number was called about 1:30 PM and requested some assistance on the parking situation. When I left for church at 6:45PM, the same cars were still parked in front of the signs. These cars are from a rental home across 16 Mile Road. What type of response should we expect?

Response: The Chief advised the police department apparently dropped the ball and should have responded and apologizes. He will investigate the matter to see why this was not properly responded.

Follow up by the Chief: I checked into the situation with the illegally parked vehicles along Bristow that was outlined in the agenda from last weeks meeting. Basically what I have learned is this. The call was received in dispatch at 3:39 PM. It was dispatched at 3:47 PM, with the responding officer arriving at 4:07 PM which is well within expectations for this type of call. The log shows only that the officer advised one vehicle owner/operator to remove his vehicle, with no further action shown. I have tasked one of the sergeants on this shift to ascertain from the officer what may have been the reasoning for no action taken on any other vehicles that may have been present at the time. I am writing to let you know that one, I had not forgotten about this and secondly to let you know it will be a few days.

Terramar:

Golf Carts: What the City is doing in regards to beach access for golf carts.

Response: The GLO confirmed to the City of Galveston that golf carts are considered vehicles and cannot go anywhere autos/trucks are not allowed. This information is available on the City Channel 16. The Chief has requested the police department to follow the rules.

Planning Department:

Terramar:

Wetland Property Concern: In regard to the property between Terramar and Bay Harbor, would appreciate what is going on. There have been surveyors out there and it is now all staked out. It is 89 acres (most of them look like wetlands) and here are some of the parcel descriptions:

Legal description. ABST 121 pg. 8, 11, &12 Hall and Jones Sur TR 25 89.198 acres

Cross Ref. 0121-0025-0000-000

Deed pg. 2004085389

Map pg. 511-D

Response: The property is on the North side of Terramar. After the meeting, Angelo Grasso provided the following information from the GCAD:

Owner ID: 0551979

Owner Name: P&T Bay Properties ETAL

Owner Address: c/o Barry Shanler, P.O. Box 17107, Galveston 77552

59.1 acres is undeveloped (not certain how much is 5 foot elevation and developable) and 30 acres is under water. Angelo printed out a GIS map of the property. From his knowledge of the property and looking at the picture, there is very little 5 foot elevation to build many homes. There have not been any predevelopment meetings with Planning or Public Utilities so the only information is what is on the GCAD. Developers usually have a predevelopment meeting a year before any project is to commence. They do surveys, etc, but always meet with the City.

Respectfully submitted,

Jerry Mohn

President WGIPOA