1969 10 23 CC Minutes4717
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 23, 1969
The City Council of the City of Baytown, Texas met in regular session on
Thursday, October 23, 1969 at 6:30 p.m., in the Council Room of the Baytown City Hall
with the following members in attendance:
Ted L. Kloesel
David Evans
Don M. Hullum
Allen Cannon
Lamar Kelley
C. Glen Walker
D. R. Voelkel
W. R. Laughlin
Edna Oliver
Absent: Leonard Stasney
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
The Mayor called the meeting to order and the Invocation was offered by The
Reverend Hubert Plumlee, Minister of the Church of Christ in Lakewood. Following the
Invocation he called for the minutes of the regular meeting of October 9th. Council-
man Kelley moved to approve the minutes as submitted in written form. Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley
Mayor Walker
Nays: None
Discussion Fire Department Policies
The City Manager reviewed two items relating to present policies within
the Fire Department. The first was the directive of a former Council to discontinue
sounding fire sirens calling volunteer firemen to fires after 10:00 o'clock p. m. He
attended a recent meeting of chiefs from the various volunteer stations, the fire chief
and assistant fire chief and this was brought out by the volunteers. Sounding of the
siren is one source of being notified of a fire as all do not have short wave radios,
and they asked that the present policy be rescinded and allow the siren to be sounded
at any hour in case of a fire. Councilman Kloesel favored returning to the call out
by siren. Councilman Hullum stated that if there are not sufficient short wave radios,
the policy should be considered again. Mayor Walker introduced and read a letter
representing Local 1173, International Association of Firefighters, requesting the ap-
pointment of a Council Committee by the Mayor to meet with the Committee of five members
representing the professional paid firemen of Baytown to discuss policies and utiliza-
tion of volunteer firemen. It was proposed that the first meeting be limited to members
of the two committees and at a later date, when deemed advisable, an open session will
be held with attendance requested from both paid and volunteer groups jointly. In re-
sponse to the request, and because the volunteer firemen serving at station No. 1, which
has been closed down by action of the City Council, do not have the right to go to
another station and work with other volunteer firemen without Council approval, Council-
man Kelley moved to authorize the Mayor to appoint such a Committee. Councilman
Kloesel seconded the motion. In the discussion following the motion, it was pointed
out that sounding of the siren after 10:00 p.m., was discontinued because of complaints
received from citizens living within the sound area. Councilman Kloesel moved to
amend the original motion to direct the station to use the siren after 10:00 p.m., in
case of a fire in order to notify the volunteer firemen. Councilman Evans seconded
the motion. Councilman Hullum expressed some concern about returning to the practice
7
without more data. The Mayor then called for a vote on the amendment. The vote
follows:
Ayes: Councilmen Kloesel and Evans
Nays: Councilmen Hullum, Cannon, and Kelley
Mayor Walker
Mayor Walker then asked for further discussion on the orginal motion to appoint
a Committee following which a vote was taken.
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Minutes, October 23, 1969 4718
The Mayor appointed the entire Council as a whole to the Committee, with
the Administration sitting in on the first meeting with the Firefighters Committee.
The second item to be discussed was the agreement with Harris County to pro-
vide fire protection outside the City limits. The agreement does not give a discription
of the area to be serviced. Presently the County is paying the City $600.00 annually
for these services, Chambers County is paying nothing. This year to date 37 calls
have been made at an average cost of $87.70 per call in Harris County; $19.78 in Chambers
County. The cost is much greater then the City is receiving compensation for, so Mr.
Voelkel asked the Council to look into the matter and reevaluate it. Then, at a con -
venient time, a conference could be held with the County officials to discuss a realistic
figure for providing this service. It was suggested that the Administration communicate
the Council's dissatisfaction with the minimum amount now being paid by Harris County
for the type service rendered in providing fire protection and begin negotiations for
additional compensations based on the per call cost experienced in 1969. The Adminis-
tration was also instructed to draft a resolution based on the discussion thus far.
This will be considered at the next regular meeting.
Petition - City Employees - Issuance Vacation Payroll Check
James Gracey, spokesman for a group of city employees, presented a petition
to the City Council asking the Council to change the inter - office memorandum issued by
the City Manager on October 16, 1969, stating that no payroll checks be issued em-
ployees except at the end of each payroll period. The petition further stated: "We
have approached him (City Manager) to reconsider this matter but he has refused. We
are requesting the Council to change this order as it relates to vacation checks because
it is creating hardships and inconvenience to the men. Not all City employees get their
preference in vacation time since we do have to take our vacation when it does not
create a hardship or interfere with the operation of the City. We need our vacation
checks before the vacation starts. No one wants to start his vacation and then have to
wait several days until payday before being able to start a trip. Nor do we want to
have to come back to town in the middle of a vacation in order to pick up our check on
payday and pay our bills. Many of us have to live from payday to payday. We feel that
this new policy interferes with our vacation benefit." Mr. Gracey stated that the pe-
tition here the signatures of 107 employees of the Public Works Department and 20 employees
from the Fire Department. Most of the employees of the Police Department had no know-
ledge of such a memorandum. Councilman Kloesel moved to accept the petition as presented.
Councilman Cannon seconded the motion. Councilman Kloesel stated that he had discussed
this with a city employee and hoped the Council would direct the City Manager to have
the checks made available to city employees as quickly as possible, especially the
vacation checks. Councilman Kelley asked the City Manager to comment upon the policy.
Mr. Voelkel stated that the Council charged him, when he became city manager, to effect
some economies. In his opinion the place to begin is with the little things and the
preparation of checks other than regular periods takes from the operation of the finance
office. He enunerated other facets relating to final delivery of a special written
check. Councilman Kloesel stated that he felt that there may be somewhat of a financial
hardship in some cases in this thing and felt that it was real important for the Council
to honor the petition. Councilman Hullum stated that he would like for the City to go
to computers with the payroll and it would make some of the adjustments rather simple.
Councilman Cannon stated that he would like to work with the City Manager to institute
different techniques. It was suggested that this be referred to a Committee for study,
even'if a report would be received at a special meeting. Director of Finance Le Fevre
stated that the old policy did not permit the advancement of checks other than to
those who will be on vacation at the time the regular checks are issued. He agreed that
it took a little more time but he had not considered it a problem because most re-
quests were submitted in ample time to prepare the checks without interference with the
routine work of the office. Following some further discussion, Councilman Kloesel
stated that he wanted to continue with the old policy of issuing vacation checks until
the Committee meets and presents information that this is not necessary. He concluded
with a motion that the Administration continue with the old policy of issuing checks.
There was no second and the Mayor declared the motion dead for lack of .a second. City
.Manager Voelkel stated at this point that he had established other policies, such as,
an employee make a written request for a vacation; also, to prevent an employee from
using city -owned equipment for gainful employment outside the city. Following some
further discussion, Councilman Kelley moved to refer this petition to a Committee for
emergency consideration. Councilman Cannon seconded the motion. Councilman Kloesel
opposed this action. He stated that he felt he had enough information to arrive at a
solution at this meeting. The Mayor called for the vote on the first motion to
accept the petition. The vote follows:
Ayes; Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
4719
Minutes, October 23, 1969
The second motion was restated and the vote follows:
Ayes: Councilmen Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: Councilman Kloesel
Mayor Walker appointed Councilmen Hullum, Cannon, and Kelley as members of
the Emergency Committee; Councilman Kelley to serve as Chairman.
Contract - Missouri Street Church of Christ - Portion Highway 5 -146 Right of way
City Attorney Laughlin introduced and read an ordinance approving a (1)
master agreement between the City and State concerning the construction, maintenance
and operation of off - street parking and other appropriate uses on State Highway
Department rights -of -way within the city limits; (2) a supplement agreement to the
master agreement concerning the construction, maintenance and operation of an off -
street parking facility on State Highway 146 right-of-way adjacent to the Missouri
Street Church of Christ; and (3)'a contract_ between the City of Baytown and the
Missouri Street Church of Christ concerning the off - street parking facility on the
State highway adjacent to the Church. The state does not contract with individuals,
churchs, or schools concerning off - street parking on State rights -of -way, but are
agreeable to contract with other political subdivisions. The Master Agreement is a
predicate to other such agreements should the City so choose. Councilman Kloesel
moved.to adopt the ordinance ratifying the three agreements. Councilman Hullum
seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the ordinance follows:
ORDINANCE NO. 999
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
THE FORM AND SUBSTANCE OF: (1) A MASTER AGREEMENT BETWEEN THE CITY OF
BAYTOWN AND THE STATE OF TEXAS CONCERNING THE CONSTRUCTION, MAINTENANCE
AND OPERATION OF OFF-STREET PARKING AND OTHER APPROPRIATE USES ON STATE
HIGHWAY DEPARTMENT RIGHTS -OF -WAY WITHIN THE CITY LIMITS: (2) A SUPPLEMENT
TO THE SAID MASTER AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE AND OPER-
ATION OF AN OFF- STREET PARKING FACILITY ON STATE HIGHWAY 146 RIGHT -OF -WAY;
AND (3) A CONTRACT BETWEEN THE CITY OF BAYTOWN AND THE MISSOURI STREET
CHURCH OF CHRIST CONCERNING THE SAID OFF - STREET PARKING FACILITY ON STATE
HIGHWAY 146 ADJACENT TO THE CHURCH; AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE THE SAID AGREEMENTS AND THE CITY CLERK TO ATTEST THE SAME FOR
AND ON BEHALF OF THE CITY OF BAYTOWN; INCORPORATING BY REFERENCE IN THE
TERMS OF SAID CONTRACTS AND SPECIFICALLY APPROVING THE SAME; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Directive Issuing Vacation Checks - If Committee Findings Favorable
Going back to the previous discussion regarding the issuance of vacation pay-
checks, Councilman Hullum moved that the Emergency Committee, appointed by Mayor
Walker, be given the authority to direct the Administration to start issuing vacation
paychecks again if this is the findings of the Committee. If not, the Committee will
report back to the Council. Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Ordinance - Conduct Hearing Annexation Strip Western Chambers County - C of C Request
Dave Moore, representing the Traffic Freight Rates Study Committee of the Baytown
Chamber of Commerce, petitioned the Council to begin annexation proceedings on a two
mile strip along FM Road 1405 in western Chambers County in order to help insure the
same favorable traffic rates for the firms in the industrial complex as Baytown and
Houston. The proposed strip will be ten feet in width, beginning at a point that
intersects Tri -City Beach Road with FM 1405, follows the meanders of 1405 northward
for approximately 2- miles, then perpendicular 10 -feet and thence southerly parallel to
the point of beginning. An ordinance has been drafted calling a public hearing on the
proposed annexation, should the Council want to set a date for such a hearing. Council-
man Kelley moved to adopt the ordinance calling a public hearing upon the proposed an-
nexation on the 20th day of November, 1969. Councilman Hullum seconded the motion.
Councilman Kloesel pointed out the need for roads and proposed bargaining for funds to
provide road construction in exchange for the proposed annexation of a strip to provide
4 720
'the industrial complex with favorable freight rates. Following some further dis-
cussion, Mayor Walker called for the question. The vote follows:
Ayes: Councilmen Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: Councilman Kloesel
The caption of the Ordinance follows:
ORDINANCE NO. 998
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE
PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC
HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Dyer - Professional Engineer - Water Line Extension
Mr. D. Dyer, a registered Professional Engineer representing Gray Western
Sulphur Company owner of property abutting Decker Drive west of the San Jacinto Methodist
Rospital, is presently constructing a building which has been leased by Courtesy Ford.
An easement has been dedicated to the City and water and sewer service lines will be
constructed to service the property in question. Mr. Dyer asked the Council to assist
with the cost of laying the first 100 feet of the water main as has been its policy
in the past. The Company proposes to pay a 6 -inch water line which will be made available
for use by other construction which may be built along Decker Drive at or near this
location. A contract has been awarded for the installation of the water and sanitary
sewer mains according to the figures set forth in the accepted bid, the estimated cost
to the City for this participation would be $680.00. The City presently has a water line
contract and the question was raised as to whether the City's contract, as per unit
cost, was cheaper than the unit price under contract to Gray Wester Sulphur Company.
Following some further discussion, Councilman Kloesel moved to approve the cost of in-
stalling the first 100 -feet of the 6 inch water main, plus tapping - reimbursement to
be on the per unit price basis of the lowest contract price, the Company's or the City's.
Councilman Cannon seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Request - Permission to Hold Election Incorporate Highlands
Mayor Walker introduced and read a letter from Dr. W. O. Herndon, Chairman of
a Committee for Highlands, requesting permission to hold an election to incorporate
Highlands as a Home Rule City. This matter will be placed on the agenda of the next
regular meeting at the request of Dr. Herndon.
Change Meeting Dates - Regular Council November and December
Due to a conflict with Thanksgiving and Christmas holidays, Councilman Hullum
moved to reschedule the regular meeting dates to the first and third Thursday nights
for the remainder of this year. Councilman Evans seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Ambulance Services - Contract Industries
Rick Wickman and Jess Navarre will serve as a Committee to contact various
industries to negotiate a contract for ambulance services with Baytown Ambulance Service
furnishing the service and the funds being paid to the City of Baytown to subsidize
annual ambulance costs of the City.
Adopt Policy - Remuneration Court Appearances Firemen and Policemen
A recent state statute requires a city to pay firemen and policemen for
appearances made on their time off, as witness in criminal suitor suits in which the
city is a party in interest. The City Manager suggested that each fireman or policeman
be paid his actual time in court, as determined by the time records maintained by the
court bailiff plus two hours to cover required travel time to and from Houston. Also,
if they use privately owned vehicles they be compensated on the basis of ten cents per
mile. Councilman Cannon moved to adopt the policy as recommended by the City Manager.
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
4721 Minutes, October 23, 1969
Nays: None
Increase Expense Account - Councilmen and Mayor
Councilman Hull= gave a report on his study of the expense accounts of
the Mayor and Councilmen. His study included the wage and salary of all Texas cities
as compiled by the Texas Municipal League. Baytown's rate was identified with the
lowest segment of the survey. The present policy provides that a Councilman may be
reimbursed for expenses incurred up to $50.00 per month. This policy has been in
effect since 1963. However, since that date the Council has considered and granted
increases in the car allowance of city employees using their personal cars for city
business. His experience has been that the longer a person serves on the Council
the more his expenses increase because he becomes more involved with the varied pro-
blems of a growing city. He felt that the Council should not make a salary but should
be reimbursed for obvious expenses and recommended that the $50.00 figure for Council-
men be increased to $100.00 and the Mayor to $150.00. This is not to be a blanket
expense allowance but it is to be up to that amount in each case. The Council dis-
cussed whether this would be an itemized expense account or identified as a car
allowance. Mayor Walker stated that the felt the expense account of the Council up
to $100.00 per month and the Mayor up to $150.00 per month. Councilman Kelley stated
that he felt the request was reasonable and seconded the motion. City Attorney
Laughlin stated that reimburseable expenses, however related, are permissible since
it is not compensation. Some felt that it would be better to designate this as a car
allowance since some may misconstrue it as a salary. Councilman Kloesel preferred
referring this to a Committee for study so that the type of government may be con-
sidered in the study of the survey to which Councilman Hull= referred at the outset
of his report. Councilman Evans stated that the had been called out on many occasions
and he preferred this expense be designated as car allowance. Councilman Hull= than
moved to amend his original motion to identify the expense as car allowance. Council
Evans seconded the motion. The vote Follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
Resolution - Approving Pipe Line License Agreement - Authorize Execution
Councilman Kelley moved to adopt a resolution which approves and agreement
by and between the City of Baytown and the Missouri Pacific Railroad Company to in-
stall a storm sewer under the railroad's right of way on Magnolia Street. Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley
Mayor Walker
Nays: None
The caption of the resolution follows:
RESOLUTION NO. 274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING A PIPE
LINE LICENSE AGREEMENT BETWEEN THE CITY OF BAYTOWN AND THE MISSOURI PACIFIC
RAILROAD COMPANY; AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF BAYTOWN, PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Adjourn
There being no further business to come before the Council, the motion was
made and seconded that the meeting adjourn. The ayes were unanimous and the Mayor
declared the meeting adjourned. I
Glen Walker, Mayor
AM
Edna Oliver, City Clerk
PRO D:
William R. Laughlin, City Att ey