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2004 11 23 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 23, 2004 The City Council of the City of Baytown, Texas, met in work session on November 23, 2004, at 5:00 p.m. in the Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Ronnie Anderson Sammy Mahan Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent was: Don Murray, Council Member. Council Member Council Member Council Member Mayor City Manager Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present after which the following business was conducted: Discuss the process for the selection of streets for rehabilitation under the street maintenance sales tax. Gary Jackson, City Manager, explained that the voters approved the street maintenance sales tax at the election in May 2004. The approved rate for the sales tax is one - quarter of one percent. Tax collection began on October 1, 2004. The first payment will be received in December 2004. At the time the street maintenance sales tax was proposed, three programs were defined, asphalt milling and overlay, concrete repair, and crack seal. The asphalt overlay is projected to be funded with $1,000,000 each year. The concrete contract program is a continuation of an existing program and will be funded with $200,000 each year. The crack seal program is new and will be funded with $150,000 each year. The purpose of the discussion item is to discuss the process of selecting the streets to be included in the first project. After voter approval of the street bonds in May 2001, Fugro -BRE was contracted to determine and rank the condition of the streets. The ranking method was the pavement condition index (PCI). Council Member Renteria arrived at 5:04 p.m. The higher the PCI, the better the condition of the roadway. Streets with PCI of 55 or below should be reconstructed under the street bond program. Asphalt streets with PCI between 56 and 70 are candidates for milling and overlay. Streets with PCI of 71 and above will be included in the crack seal program. Im Page 2 of 4 Minutes of the Work Session — November 23, 2004 Only asphalt streets are included in the mill and overlay program. If a concrete street has been covered with asphalt, it has not been included, due to the much higher cost of milling concrete and base repairs. There are 274 miles of streets in the City. The program will fund 6 miles of asphalt overlay. Mayor Mundinger asked each Council Member to review the list of streets in his district and bring back a recommendation for 2,500 feet. He stated that he would form a committee of residents in District 3 to make the recommendation. Bob Leiper, Deputy City Manager, asked the Council to view the first set of streets as a pilot program. Mr. Jackson asked that Council provide their lists to him by January 13, 2005. Since the sales tax receipts will begin being received in December, the response in January will not delay the development of the project. Receive and discuss an update on the Bay Oaks Harbor Utility system. Mr. Jackson stated that Deputy City Manager Leiper has been working with the Bay Oaks Harbor Homeowners Association to determine a method for takeover by the City of the utility system and road system in the subdivision. The first priority is the utility system. The street system is much more complex. Staff seeks to learn Council's desire concerning the utilities and streets. Mayor Mundinger stated that he did not support an immediate takeover of the system, but that the City should continue to work with the homeowners association and that might lead to a takeover. Council Member Mahan stated that he did not think that the homeowners association would pay for consultants unless the plan included the City taking over the system. Mr. Jackson said that the first step is to determine what repairs are needed for the utility system. The consultant retained must be an expert in water systems. The question is, who will pay for the study? If the City pays, then the City can select the consultant. However, since the homeowners association owns the system, perhaps it should pay for the consultant. Mr. Leiper said that the staff and the homeowners association have been working to determine alternatives. The Architect and Engineer Committee can review the firms at its meeting on December 3, 2004. This can start the process by ranking the firms and negotiating a contract. When a proposal is developed, the homeowners association can review it and determine if they can make the needed repairs. If Council is considering taking over the system, staff requests authority to have the A &E Committee review consultants. Mayor Mundinger supported the A &E Committee reviewing the firms to start moving forward to determine the needed repairs. Page 3 of 4 Minutes of the Work Session — November 23, 2004 Mitchell Pearce, Bay Oaks Harbor Homeowners Association representative, outlined the concerns of the residents of the subdivision if the utility system fails. He stated that the homeowners association seeks a solution to the problems, but needs to know the real problems and how to resolve them. The homeowners association is willing to bear the cost of the repairs for the utility and the roads. The repairs will be made over a long term within the means of the association. All members of Council expressed support for taking the issue to the A &E Committee. Receive report from the Municipal Court Judges Committee and discuss future action related to the appointment of Municipal Court Judge(s). Mr. Jackson stated that the Committee has met on November 16'h. A memorandum from Mayor Mundinger and the Human Resources Department had been given to Council. Mayor Mundinger, a member of the Committee along with Council Members Sheley and Mahan, stated that there had been a two and one -half hour meeting with Tony Polumbo, Harris County Justice of the Peace. The Committee recommends going to a full -time judge. This will provide continuity for the citizens and the staff. New programs are possible for cooperation between the Municipal Court and the JP Court relating to juveniles and troubled teens. Council Member Sheley stated that it was not necessary to select an attorney for the position. The person employed should be prohibited from outside employment that would be a conflict of interest. The person must be open to new programs to assist juveniles and maintain communication with the Justice of the Peace Court. Council Member Anderson asked for clarification of the term "court experience." Mayor Mundinger responded by stating that the previous policy was to select only an attorney. More flexibility was desired. The preference is to hire an attorney. After a discussion of whether the judge should be appointed or elected, Mayor Mundinger pointed out that the Charier requires appointment. The Council then discussed the appropriate pay for the position. Mayor Mundinger stated that the Human Resources Department recommended pay grade 79, with a range from $65,040 to $97,560, midpoint of $81,300. Generally, a person is hired at 90% of mid -point or $73,170. The study conducted by Human Resources found the statewide average pay to be $79,960. The Committee had discussed a range of $65,000 to $85,000. Council Member Sheley stated his opposition to a car allowance. Mayor Mundinger next raised the issue of advertisements for candidates. The first is an internal posting of one week. The second is a limited external posting of short duration. The third is recruitment lasting up to 6 weeks. The Council expressed preference for advertising in the Houston area. Consider appointments. Community Development Advisory Board. Page 4 of 4 Minutes of the Work Session — November 23, 2004 Council Member Anderson stated that he would nominate Terry Presley for District 5. Construction Board of Adjustments and Appeals. No action was taken on this item. Adjourn. Council Member Mahan moved adjournment. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Renteria, and Sheley Mayor Mundinger Nays: None. The motion carried. There being no further business, the meeting adjourned at 6:15 p.m. GaryAV. Smith City Clerk