2005 04 28 WS MinutesMINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 28, 2005
The City Council of the City of Baytown, Texas, met in work session on April 28, 2005, at 4:30
p.m. in the Hullum Conference Room, Baytown City Hall, 2401 Market Street, Baytown, Texas,
with the following in attendance:
Ronnie Anderson
Sammy Mahan
Don Murray
Mercedes Renteria
Scott Sheley
Sheryl G. Ward
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
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:
Receive report and discuss Street Bond Program update.
Gary Jackson, City Manager, stated that the costs of the street bond program become more refined
as the program becomes more specific and as the plans are prepared in greater detail. Pate
Engineering, Inc., has proposed cost savings in the areas of paving, drainage, and utilities. Staff has
reviewed the proposed savings in utilities.
Bob Leiper, Deputy City Manager, stated that the review of the plans has resulted in a savings of
$474,200 in utilities. Staff will review the proposed savings in paving and drainage.
Dave Hamilton, Pate Engineering, Inc., stated that each segment has been reviewed. In the review,
it was found that some of the utilities previously included were outside the area or boundary of the
street program (three feet behind the curb). Some of the utilities were found to be in adequate
condition. The plans were reviewed by street and by utility line by both Pate and City staff. Some
of the savings are realized by shifting the expense to the utility fund.
Mr. Jackson explained that when the utility line is more than three feet behind the curb it is not
appropriate to consider it part of the street program. The proposed drainage work may be funded
from drainage capital or from the drainage bond funding.
Mr. Hamilton stated that in studying the drainage on each street, in some cases it was found that
pipe and culverts were recently replaced, therefore, there is no need to replace them again. The area
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Minutes of the Work Session — April 28, 2005
of driveways being replaced is also under review. The amount of possible savings is approximately
$700,000. The estimated cost of the project is $6.4 million.
Mr. Jackson suggested that Council review the sources of funding. While funding may be available
through the general fund, he suggested that such funding might be needed for other purposes, such
as the apartments that have been the subject of citizen complaints. In summary, some savings are
possible, but the costs may require the Council to use funding previously planned for future years.
Continue discussion of the pilot program for private sewer line rehabilitation.
Mr. Jackson showed photographs of private sewer lines with offset problems and roots in the line.
The challenge in repairing the problems is that the lines are on private property. Generally, taxes
must be spent for public property improvements. In the 1980's, the Texas Constitution was
amended to allow a City to fund private sewer line repairs under specific circumstances. The cost
of the work must be assessed. A lien must be filed against the property. The property owner must
provide written consent to both the work and the assessment. The property owner has five years to
repay the costs. If the owner fails to repay the costs, the lien remains against the property. After
notice of the work and assessment is given to the owner, the owner has up to 45 days to reject the
program. If the owner rejects the program, then the owner can do the work himself.
Staff studied areas that would be appropriate for a pilot program. The area should have and inflow
and infiltration problem. The area should have had the public lines repaired. The area should be
small enough to be manageable, but large enough to measure the impact. Kingsbend has
approximately 200 lots. The cost is estimated to be about $2,000 per lot. It is estimated that 50% of
the property owners will participate. The cost is estimated to be between $197,000 and $250,000.
Mayor Mundinger noted that the current ordinance requires the homeowner to fix a faulty line
within 180 days of being notified of the problem. If they fail to make repairs the water can be
turned off. The proposed program is an effort to find a less severe remedy.
Mr. Jackson stated that the pilot program is being proposed to see how the system will work. It will
be used to determine the impact on the administrative workload. The question of how to handle
those who do not join the program and still do not repair their lines must be addressed.
Council Member Mahan urged extensive communication with the public before the program begins.
Mr. Jackson explained that the most expeditious way to fund the program is through the sale of
bonds. Otherwise, it would be difficult to generate sufficient revenue. It is likely that consent of
the property owners will be necessary before the sale of the bonds. Revenue bonds would be
required as the funding mechanism. The Attorney General must approve any bonds sold.
If revenue bonds are sold, repayment may be pledged from water and sewer revenues. Repayments
may be used to fund subsequent programs. In response to a question, Mr. Jackson stated that the
Texas Commission on Environmental Quality has mandated repairs of the problems that are causing
inflow and infiltration into the sewer lines.
Ignacio Ramirez, Sr., reviewed the statute that authorizes the expenditure of public funds to repair
private laterals. He stated that there is concern about the constitutionality of the statute.
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Minutes of the Work Session – April 28, 2005
Discuss repairs to the Bayland Island Ships Store:
a. follow up from contractors' responses,
b. architect's proposed scope of work and fees,
C. alternate approach — modular structure, and
d. Texas Cooperative Purchasing Network.
Mr. Jackson reminded City Council of their previous discussions concerning the subject. The
architect estimated the cost of the construction at $266,570.33. The cost through job order
contracting is $240,000. With modifications to the specifications, the price of job order contracting
is $198,882. Council had indicated that there would be discussions with contractors concerning a
reasonable cost for the job.
An alternate approach is to acquire a modular structure, temporarily place it at the site, demolish the
existing building, then move the modular structure on the foundation for the building. The rough
estimate for this alternate is in excess of $266,000.
Council Member Mahan raised concerns about mold and mildew in the building. Mr. Leiper
responded that the City had not received any complaints from the tenant.. Mr. Jackson stated that
the architect had not reported any such problems.
Mr. Leiper explained that the scope of the project has been the exterior envelope of the building.
Mr. Leiper explained that an architect is needed to prepare the plans and specifications for bidding
the project.
Mayor Mundinger stated that he supported the traditional method of developing a bid package and
putting the project out for bid. He asked that the architect conduct an investigation of the mold and
mildew claims.
Council Member Anderson stated his concern over the condition of the building and the impact it
has on the tenant.
Mr. Jackson stated that he understood the consensus of Council to be that the architect will look at
the showers, roof, windows, and staff will bring an action item back to Council.
Discuss presentation and discuss court fees and fine collection procedure.
Gary W. Smith, City Clerk, explained that in response to concerns of the Attorney General, the
Texas Legislature amended the statute that provided for the add -on collection fee for municipal
court fines and penalties. The add -on collection fee is paid to an agency contracted to collect the
fines and fees. The fee is 30% of what is owed. The fee applies to all adjudicated cases and all
unadjudicated cases filed after June 18, 2003 and 60 days past due from the date of summons, the
appearance date, or the judgment date. City Council must authorize the add -on collection fee.
The fee does not apply to a case that has been dismissed or any amount satisfied through
community service or time -served credit. If a person is working with the Court and does not go 60
days delinquent, the fee will not be added.
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Minutes of the Work Session — April 28, 2005
Under the present collection system, the City contracts with a firm to collect warrants. The firm
charges 15% of the amount collected. In fiscal year 2003 -2004, the firm was paid almost $20,000.
With the add -on fee, the person who owes the money will pay the cost of collection. The City will
receive all of the fines and penalties collected. The system is similar to the tax collection penalty
that assesses 18% on July 1 for delinquent taxes. The 18% is used to pay the attorney retained to
collect the delinquent taxes.
Council's consensus was for an ordinance to be prepared to adopt the 30% add -on collection fee
and to issue a request for proposals for firms interested in collecting the fines and fees utilizing the
add -on collection fee.
Discuss televising City Council meetings and rules for a municipal channel.
This item was not considered.
Discuss appointments.
Confirmation of the City Manager's appointees to the Baytown Library Board.
This item was not considered.
Appointments to the Tow Truck Committee.
This item was not considered.
Adjourn.
Council Member Mahan moved that the meeting adjourn. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward
Mayor Mundinger.
Nays: None.
The motion carried. There being no further business, the meeting adjourned at 6:16 p.m.
Alk