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1971 01 14 CC Minutes4910 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 14, 1971 The City Council of the City of Baytown, Texas met in regular session on Thursday, January 14, 1971 at 6:30 p.m., in the Council Room of the Baytown City Hall with the following members in attendance: Ted L. Kloesel Councilman David Evans Don M. Hullum Allen Cannon Lamar Kelley C. Glen Walker D. R. Voelkel W. R. Laughlin Edna Oliver Howard Northcutt Absent: Leonard W. Stasney Councilman Councilman Councilman Councilman Mayor City Manager City Attorney City Clerk Administrative Assn't Councilman The Mayor called the meeting to order and the Invocation was offered. Approval of the minutes of the regular meeting of January 7 was deferred until the next regular meeting. Deferred Action Proposed Ordinance Establish Cut -off Date Delinquent Water Accounts The City Attorney reviewed the contents of a proposed ordinance establishing a cut -off date for delinquent water accounts, but the Council was not willing to act upon the proposed ordinance until the billing has been brought up -to -date. Following some discussion it was agreed to post- pone action upon the ordinance until a later date. Committee Reports Councilman Lamar Kelley, Chairman of the Utilities Study Com- mittee, requested that action be deferred at this meeting upon the request of United Gas, Inc. for a franchise to distribute gas within the city limits of Baytown as the committee had not met on this subject. The Com- mittee will meet at 5:30 p.m., Tuesday, January 19th. Regarding the Baytown Ambulance Service request for extension of its contract, Councilman Kelley stated that the Ambulance Committee was of the opinion that the offer was generous but one thing remained for the Committee to discharge before a recommendation can be made by the Committee. He asked that action be deferred until the next regular meeting. Councilman Cannon, Chairman of the Traffic Committee reported that Mr. E. P. Evans, S.P. Railroad Superintendent, will be present at the next regular meeting to discuss the proposal to install flasher lights on crossing at various locations in Baytown. Also, a meeting of the Traffic Committee will be held Monday, January 18 at 5:00 o'clock p.m. at City Hall. Approve Recommendation of Library Board - Number and Terms of Members Councilman Kelley moved to approve the recommendations of the Baytown Library Advisory Board pertaining to number and terms of members and requesting the City Attorney to prepare an ordinance, for presentation at the next regular meeting, amending the Code of Ordinance to finalize these recommendations. Councilman Kloesel seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None 4911 Tom Masterson - Capital Improvements Program Tom Masterson, representing the City's fiscal agent Underwood, Neuhaus & Co., Inc. appeared before the Council to discuss matters relating to the Capital Improvements Program. He was scheduled to bring a recommendation on the sale of bonds January 7, but because of pending litigation it was postponed. He now plans to meet with the Council on February 11 to schedule a sale for late February or the first Thursday in March. He also commented briefly upon the intangible and tangible costs to the City if a further delay should arise because of litigation. If we are able to proceed very quickly, we will know just where we stand in relation to the bond market; but, if not, we will have to wait until we are able and then see, at that point, what our exposure has been. He concluded his report with a recommendation that the City only sell the bonds needed to meet the requirements for capital improvements scheduled for the next six -eight months, the sale being made within a period prior to the actual need. His company will try to do the best it can in the bond market within that framework. Public Hearing - Rate Increase Request - Houston Lighting & Power Company Mayor Walker opened the public hearing which was called for this date to hear interested persons in the matter of a rate increase request by the Houston Lighting and Power Company. Mr. Leo Allen, a resident of Baytown and customer of Houston Lighting and Power Company, offered some objections to the manner in which H.L.&P. is attempting to extol the merits of elec- tricity by its promotional plans to build an auditorium and kitchen in Baytown. He was of the opinion that electricity does not need promotion any more and such programs as proposed cut down the company's profits and he urged the City Council to look closely at this new but rather illogical sit- uation before granting any rate increase. The Mayor asked if others attending the meeting wished to be heard. No comments were forthcoming so the Mayor declared the hearing closed. Ordinance Granting Rate Increase Lamar Kelley, Chairman of the Utilities Committee, stated that he could not dispute anything that Mr. Allen had said as he had spent quite some time studying the request of Houston Lighting & Power Company. The original request of H.L. &P. was a $2.00 increase, but through the efforts of the company and other cities other than Baytown the increase has been reduced to $0.70. Baytown is the last City in Harris County to act upon the request, and since we had little choice in the matter he concluded with a motion that an ordinance be adopted granting the $0.70 increase. Councilman Cannon seconded the motion. Councilman Kloesel offered some objections since he felt that this increase was large percentage -wise. In his opinion this would have serious affect upon the smaller customer. He also asked if H.L. &P. was paying franchise tax on the industrial agreements we have presently within the City. It was pointed out that the Company was not paying any franchise tax within any industrial boundary outside the city limits. Council- man Kloesel stated that since this was a negotiable item, he felt that the possibility of receiving some franchise tax from these areas should be con- sidered. Following some further discussion, Councilman Kelley called for debate to cease and the question to be considered. Councilman Evans seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon, and Kelley Mayor Walker Nays: None Mayor Walker then called for a vote on the original motion to adopt the ordinance. The vote follows: Ayes: Councilmen Evans, Hullum, Cannon and Kelley Mayor Walker Nays: Councilmen Kloesel The caption of the ordinance follows: ORDINANCE NO. 1066 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY AMENDMENT OF CHAPTER 31. UTILITIES, BY AMENDING ARTICLE 1, ELECTRICAL SERVICE; ESTABLISHING RATES TO BE CHARGED FOR THE TYPES AND CLASSES OF SERVICES SPECIFIED 4912 Minutes, January 14, 1971 BY ALL PERSONS, FIRMS AND CORPORATIONS FURNISHING ELECTRIC SERVICE WITHIN THE CITY OF BAYTOWN; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS SCHEDULE RS -1 FOR RESIDENTIAL SERVICE; ESTABLISHING A SCHEDULE OF RATES TO BE KNOWN AS A SCHEDULE MGS -1 FOR MISCELLANEOUS GENERAL SERVICE; PROVIDING A METHOD OF DETERMINING THE KVA APPLICABLE TO SCHEDULE MGS -1; PROVIDING THAT SCHEDULES RS -1 AND MGS -1 SHALL BE SUBJECT TO CERTAIN ADJUSTMENTS FOR INCREASED FUEL COSTS AND INCREASED TAXES; PRO- VIDING WHEN BILLS SHALL BE DUE AND MAKING PROVISIONS CONCERNING PAYMENT; PROVIDING THAT PERSONS, FIRM AND CORPORATIONS FUR- NISHING ELECTRIC SERVICE SHALL MAINTAIN COPIES OF ALL RATE f) SCHEDULES ON FILE AND AVAILABLE AT THEIR PRINCIPAL OFFICE IN THE CITY; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED DOLLARS ($200.00); PROVIDING AN EFFECTIVE DATE FOR THE RATES HEREIN ESTABLISHED; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Appoint New Committee to Continue Study of Salaries Councilman Kelley commented upon the work of the Salary Committee which has previously served and expressed approval of the work that had been done. However, he saw a need for continuous study in this field and moved that a new Salary Study Committee be re- appointed to continue studies in this area. Councilman Kloesel seconded the motion. Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None Councilman Kloesel suggested that the Mayor set up a meeting with the T.E.C. representatives and members of the City Council. The Council will then be informed upon the work of this group and will be able to give guidance to the newly appointed Salary Study Committee. Salary Study Committee Appointment Mayor Walker appointed Lamar Kelley as Chairman of the new Study Committee, with Councilmen Hullum and Kloesel serving with him. Councilman Kelley also asked that Councilman Cannon be added as a member of the Committee because of his background in this area. This met with the approval of the other members of the Committee. Public Hearing Upon Flood Control for Burnet, Crystal and Scott Bay Areas Mayor Walker reminded the Council of the Public hearing which is scheduled for February 12 on flood control for Burnet, Crystal and Scott Bay areas. The purpose of the hearing is to exchange information concerning the study of water resources and related problems involved and possible solutions. The problem of concern results from extensive subsidence of the general area in and around the three bays. Because of the subsidence, the areas become subject to inundation from abnormal high tides. Mayor Walker asked for authorization to ask members of standing Committees such as the Fresh Water Resources and Recreation Committee which was combined with the Environmental Advisory Board and the Committee which was composed of citizens from the Brwnwood area to develop a written report to present at the meeting. Councilman Kloesel also suggested that the City Administration 'prepare a report for presentation also. J. C. Beardmore, President of the Brwnwood Civic Association, was present to give a report on the work being done by his group to have governmental representation from all levels at the public hearing to convince the Corps of Engineers of the need for flood control to be instituted and to make them aware to the fact that every level of government is interested in this project. After hearing Mr. Beardmore, the Council authorized the Mayor to make his contacts for written reports from the groups named. Minutes,. January 14, 1971 4913 A. J. Busch, Jr. - Authorization Proceed Capital Improvement Projects A. J. Busch, Jr. the engineer under the bond program, pointed out the critical problem in the city's water supply and the need to complete or add to the transmission lines so that water of better quality can be trans- ported to the south and southeastern sections of the city. He felt that this must be done prior to the 1971 high consumption. His firm has been moving ahead with field surveys and well as the surveys necessary for the installation of sanitary sewer interceptor lines regardless of the events which have occurred within the past few weeks effecting the sale of ne- cessary bonds. In the matter of street improvements, he asked for Council guidance on this. Reports were presented for council study at a prior meeting, but they have not been approved to date. He was of the opinion that the Brownwood Perimeter streets project is properly tied into the Bayway Drive inprovements and his firm does not have approval from the council to proceed on this project in the matter of engineering and planning. He also asked authorization to proceed with park planning. The Council urged him to continue with the water and sewer studies and a meeting will be arranged for discussion of the other projects mentioned so that proper authorization to proceed with surveys may be decided upon. Humphrey - Baytown Chapter of Internation Association of Fire Fighters Local 1173 John Humphrey, treasurer of the Baytown Chapter of the International Association of Fire Fighters Local 1173, appeared before the Council with a problem which greatly concerned members of has association. The problem was pay disparity between the Fire and Police Departments by the action of the Council in December when members of the Police Department received one (1%) increase in pay over the Fire Department, a standard which has been maintained for eleven (11) years has come to an end. Throughout the eleven (11) years the two departments have been kept on equal pay by past administrations who have recognized the equal importance of both departments and their obligations of protection of the community in which they serve. The action of the Council in creating pay disparity has left within the department a feeling of second class status and has damaged the moral greatly. He pointed out the work that has been done by the Fire Department to off -set the rumor that the Police Department has a greater productivity than the Fire Department. Despite the fact that the Fire Department has had a lack of opportunity for education on a higher level, the Department started an in service home inspection program and since be- ginning the Fire Department has inspected 472 homes. Fire losses in 1970 have been smaller, the department has tested and inspected 803 fire hydrants to make sure than when they are needed will function properly. Not only did the Fire Department furnish fire protection to Baytown, but also, to this whole area of the county. Sixty two calls were made outside the City limits, all of which are being handled by the same number of men. He concluded his report with a request that the Council reconsider its action thken last month and to restore parity of pay to the Fire and Police Departments. Councilman Kelley assured Mr. Humphrey that the Association will have an opportunity to be heard and he asked for a copy of the report. The Mayor was asked to set a date for the Council to meet.with the -ire Fighters Association to discuss other matters included in the report besides salary disparity. Executive Committee Representative - Houston - Galveston Area Council Councilman Kloesel moved to approve the appointment of a Pasadena representative to the Executive Committee of the Houston - Galveston Area Council. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None Leonard Stasney - Baytown Representative - Houston - Galveston Area Council Councilman Kloesel moved to appoint Leonard Stasney as Baytown 'a representative on the Houston - Galveston Area Council. Councilman Hullum seconded the motion. The vote follows: Ayes: Councilmen Kloesel, Evans, Hullum, Cannon and Kelley Mayor Walker Nays: None 4914 Minutes, January 14, 1971 Adjourn There being no further business to come before the Council, the Motion was made by Councilman Kelley and sconded by Councilman Hullum that the m-etin adjourn. The ayes were unanimous and the Mayor declared the meeting adjourned. C. Glen Walker, Mayor ATTEST: L Edna Oliver, City Clerk APPROVED: William R. Laughlin, City Attorney