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2005 02 10 WS MinutesMINUTES OF THE WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 10, 2005 The City Council of the City of Baytown, Texas, met in work session on February 10, 2005, at 4:40 p.m. in the Council Chamber, Baytown City Hall, 2401 Market Street, Baytown, Texas, with the following in attendance: Sammy Mahan Don Murray Mercedes Renteria Scott Sheley Sheryl G. Ward Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Absent was: Ronnie Anderson, Council Member. Council Member 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 investigative study of the utility system for Bay Oaks Harbor. Bob Leiper, Deputy City Manager, explained that staff had worked with the Bay Oaks Harbor Subdivision Property Owners Association (POA) and with John Fultz, Court Appointed Receiver for the water and sewer utility for Bay Oaks Harbor Subdivision, Section I, to develop an agreement for the investigation of the utilities in Bay Oak Harbor Subdivision. An agreement has been reached on two items. The first item of agreement is that the POA will fund up to $50,000 for the study. The second item of agreement is that Langford Engineering will perform the study. The study will consist of three phases and a final report. The first phase will be a preliminary field investigation, including smoke testing, at an estimated cost of $24,600. The second phase will involve cleaning and televising gravity sewer lines and dye flood testing, at an estimated cost of $6,800. The third phase will be the engineering evaluation of the water and sewer systems, at an estimated cost of $12,500. A report on the condition of the systems, the needed repairs, and the estimated cost of the repairs will be provided to the City, POA, and Mr. Fultz. Mayor Mundinger announced that a white pickup truck was on fire in the parking lot. Council Members Sheley and Renteria left the meting at 4:50 p.m. Mr. Leiper explained that after the report is received, the matter would be brought back to City Council. The POA is meeting on Saturday, February 12, 2005 to consider ratification of the POA Page 2 of 4 Minutes of the Work Session — February 10, 2005 Board's action in authorizing the agreement. Should the POA not ratify the Board's action, the agreement can be abandoned. Discuss the Compensation Study. Gary Jackson, City Manager, reminded City Council that the current year budget included funding for a compensation and benefits study. Proposals were solicited, Public Sector Personnel's proposal was selected, and Council had authorized Public Sector to perform the compensation and benefits survey. Henri R. van Adelsberg, Public Sector Personnel, addressed City Council. He stated that within the next 60 to 90 days Council will receive a report of how the compensation plan fits in the market. The report will include estimates of the costs adjust to the compensation plan to market. Council Members Sheley and Renteria returned to the meeting at 4:56 p.m. Mr. van Adelsberg outlined the plan of work. The job descriptions will be reviewed. Approximately 70 employees will be interviewed. The salaries for the job groups will be surveyed. Certain jobs are filled from the local market. Other jobs are municipal specific and are filled from a broader, perhaps statewide pool. Department director jobs are filled from a multi -state area. After consensus is reached on the correct markets, the survey will be performed and the plan developed. The plan will be developed in a manner that will allow City Council to adjust the job families to a relative position to the markets for the job families, while controlling the fiscal impact on the City. The adjustment is the job structure. The structure can be adjusted over more than one year. The survey is not putting money in paychecks, only pricing the occupations. In the industry, "at market" means within 5% of the market, above or below. The structure is compared at the midpoint of the range. The report will provide a means to use projected inflation to "age" the data and thereby estimate the market at a future date. The benefits will be compared to determine how the City's benefit program compares to other benefit programs. Public Sector met with employees on Thursday, February 10, 2005, and will meet with union representatives on Friday, February 11, 2005. Discuss enacting a daytime juvenile curfew. Mr. Jackson stated that staff had received a request from at least three Council Members that the item be included on the work session agenda and the regular agenda. A public hearing has been scheduled and the Police Chief will provide information on the existing curfew ordinance. Council Member Sheley stated that the request was made to explore the possibility of a daytime juvenile curfew and whether it would be beneficial in the City. Mr. Jackson explained that the public hearing had been called due to the request for an action item. In discussion, it was determined that the second public hearing would be held when Council directed that it be held, if at all. Byron Jones, Chief of Police, reviewed the current ordinance and how juveniles, parents, and business owners can violate the ordinance. He reviewed the defenses set forth in the ordinance. An Page 3 of 4 Minutes of the Work Session — February 10, 2005 officer who finds a person in apparent violation of the ordinance has the discretion to not charge a violation if a defense is reasonably asserted and supported by the circumstances. Presently, when officers have reasonable suspicion to believe that a child should be in school, the officer may inquire of the child why he or she is not in school. The officers have resources available to assist in determining whether the child should be in school. If the child should be in school, the officer can take the child to school. If an officer takes custody of a juvenile, the officer must leave the child in reasonably safe circumstances. The proposed daytime curfew could be beneficial, providing an additional tool when needed. In 2000, 157 citations were issued for curfew violations; in 2001, 146 citations were issued; in 2002, 89 citations were issued; in 2003, 37 citations were issued; and in 2004, 137 citations were issued. Ignacio Ramirez, Sr., City Attorney, responded to a question about preemption by stating that he had not researched the issue, but he thought that a legal daytime curfew ordinance could be drafted. Council requested information related to the number of children absent from school each day, the number of children picked up by the police officers and taken to school, comments from the School District Administration concerning the ordinance, the cost of enforcing the ordinance, and comments from the police, judges, and all interested parties. Mr. Jackson stated that staff needs to study the mechanics of the ordinance. Mayor Mundinger expressed concern about the cost of the ordinance. He stated that the ordinance would impact every child in the City. Council Member Renteria asserted that truancy and daytime crime are related. He urged cooperation between the City and the School District to control truancy and daytime crime. Discuss the strategic partnership agreement for Chambers County MUD #1. Mr. Jackson stated that Council had previously received a report on limited purpose annexations and strategic partnership agreements. The municipal utility districts within the City's extra territorial jurisdiction may be annexed at any time. Prior to annexation, the City looks at the full cost of service. Usually the debt load makes annexation unattractive. A limited purpose annexation allows the City and the municipal utility district to agree on the services that will be provided in exchange for some compensation. The proposal has involved sales tax. Houston has used limited purpose annexations, provides no services and splits the sales tax with the municipal utility district. The statute may require different treatment of municipal utility districts in Hams County and Chambers County. The unique circumstances of each municipal utility district may require unique agreements for each municipal utility district. Chambers County Municipal Utility District #1 (MUD) is developing frontage along Highway 146 as commercial property. The City is providing water and sewer service to the MUD. The property owners pay property tax to the MUD. The benefit of the limited purpose annexation is to provide another source of income for the City and the MUD. Without the agreement, neither the City nor the MUD would collect sales tax. Page 4 of 4 Minutes of the Work Session — February 10, 2005 I. Action items will be brought back for consideration during future meetings. Status update of street maintenance sales tax program. Mr. Jackson explained that the mill and overlay program is a pilot program. Approximately one- half of the anticipated revenue from the street maintenance sales tax is being set aside for the mill and overlay program. The price of materials needed for the program has been escalating. The Council has set aside two sources of funding for street repairs. The street bond program provides for the full reconstruction of streets with a PCI of 0 to 55. The street maintenance sales tax provides for the mill, base repairs, and overlay of asphalt streets with a PCI of 56 to 70 and the crack seal program to prevent water infiltration of the base and thereby extend the life of streets with a PCI of 71 to 85. Bids on the mill and overlay pilot program will be opened on March 1, 2005 and are anticipated to be presented to City Council for award on March 10, 2005. The increase in prices may limit the extent of the program. The Council discussed the possibility of performing the work by City forces. Automated External Defibrillator demonstration. This item was carried forward to the next work session. Consider appointments. Appointment of Health Authority and Alternate Health Authority. No action was taken on this item. Adjourn. Council Member Sheley moved adjournment. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 6, OW City Clerk