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1977 02 10 CC Minutes6157 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 10, 1977 The City Council of the City of Baytown, Texas, met in regular session, Thursday, February 10, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Councilman Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Mayor Gentry called the meeting to order and the invocation was offered by Councilman Cannon. Approve Minutes Councilman Kimmons moved to approve the minutes of the special meeting of January 24, 1977, and the regular meeting of January 27, 1977, and ratification of actions taken at said meetings; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Petitions None were presented at this time. City Manager's Report Bob Smith Road Storm Sewer Project - All of the 72 -inch pipe has been installed, which is about 1300 feet of pipe located on the south side of Bob Smith Road. The crossing of the 60 -inch pipe which is approximately 500 feet east of North Main is in place, and the contractor is starting to install the remainder of the 60 -inch pipe from North Main to the crossing. The contractor is moving along on schedule. East District Sewage Treatment Plant - Ninety -seven (97 %) per cent of the work is complete with ninety -six (960) per cent of the time having been used. Council awarded a second contract for work l in connection with the East District Sewage Treatment Plant for sludge dewatering facilities. The work order has been issued in this regard and work began February 7th with a completion date of April 3, 1978. Community Building - The contractor is in process of replacing the roof on the Community Building. The crew worked the first part of last week and the first three days of this week. 6158 Minutes of the Regular Meeting - February 10, 1977 The City Council and administration have been invited to participate in a function at the Bicentennial Park at 11:00 a.m. on Saturday, February 19. Approximately forty city officials and representatives of the Heritage Festival Committee from Nederland will be in Baytown on a goodwill tour which is being conducted in conjunction with their annual Heritage Festival. Councilman Kloesel has requested estimates for a few items: One item was the extension of Beech Street across the Southern Pacific tracks and then over to Lynchburg. The estimated cost for this project is $3,000.00 which does not include any extra construction or extra costs that the railroad might impose in granting a permit, that is if the railroad will grant a permit. Councilman Kloesel indicated that he was interested in following this matter up but not at this time. The second item was an esti- mate of the costs to rebuild Lynchburg from Airhart to where the State project will end. The estimated cost for this project is approximately $20,000.00. The reason this street has not been paved previously is that it has been part of the Spur 201 plans for many years. Mr. Lanham pointed out that Lynchburg would not be as it is now when the State has completed their work in this area on Spur 201, and that possibly the City should consider con- necting Airhart to the new section which will involve paving a portion of Lynchburg. Along with the estimates on the two street projects, Council- man Kloesel had also requested estimates for a scattered site refuse container program. An estimate based on ten 8 -yard con- tainers and one front -end loader and driver, along with mainte- nance, operational and disposal costs equaled approximately $86,000.00 for the first year and an estimate of approximately $20,000.00 per year until new equipment would have to be purchased. In response to a question regarding heavy appliance pick up, Mr. Lanham explained that these type pick ups were made quickly, and that he suspected the dumping on Evergreen Road and other areas was done by non - residents of Baytown. At the last Council meeting, Council held a hearing on the Facility Plan for the West District Sewer Improvements. In order to review the results of this hearing and to discuss estimates to construct an effluent line to the San Jacinto River, Council set a work session for 5:00 p.m., Wednesday, February 16. In this regard Councilman Hutto requested that the administration obtain information from the old permit indicating the route planned at that time. Petitions At this time, Mayor Gentry asked if Mrs. Joycelyn Wesselhoft was present in the audience since he had been told that she in- tended to present a petition. Mrs. Wesselhoft was present, along with Mrs. Ann Sanders, a member of the Baytown Senior Citizens Nutrition Center, who on a day last week purchased a card of thanks for presentation to the City Council and who had furnished sheets for the senior citizens at the nutrition center to sign for presentation to City Council. Mrs. Wesselhoft read the card, then presented it along with the signatures to the City Council. Councilman Lander moved to accept the petition; Councilwoman Wilbanks seconded the motion. The vote was unanimous to accept the petition. 6159 Minutes of the Regular Meeting - February 10, 1977 City Manager's Report When Mayor Gentry asked if there were any questions or comments regarding the City Manager's report, Councilman Kloesel asked that the extension of Beech Street be placed on the agenda and that Southern Pacific representatives be contacted for an opinion in this regard. In the discussion that followed, it was decided that the matter would be referred to the Council's Traffic Committee, who in turn would make a recommendation to Council. Introduction of Sterling High School Civics Day City Council Mayor Gentry recognized Mr. W. C. Smith, government teacher at Sterling High School, who explained that 140 students participated in the Civics Day Program, and that of this group the students had elected a City Council as follows: Diedre Domes Eric Wooddell Tommy Smith Carla Cloudt Troy Donato Johnny Willey Chris Primeaux Mayor Councilman Councilman Councilwoman Councilman Councilman Councilman Also, Mr. Charles Jackson served as City Manager and Debra Lanham as City Attorney. Mr. Smith thanked the administration for giving the students this firsthand view of local government in operation. Otis Graham - Request to Appear Mr. Graham was unable to appear. Plans and Specifications for Modifications of the City Hall Heating and Air Conditioning System At the last meeting, Council authorized a contract with the M & M Company to prepare plans and specifications for modifications of City Hall air conditioning and heating. Mr. McDonald appeared to review preliminary plans with Council, so that if Council approved, detailed plans and specifications could be drawn. Mr. McDonald re- viewed the existing system for Council. The existing system is a chilled water -hot water system, which consists of a 92 -ton filter and a 1,750,000 BTU hot -water boiler on a two -pipe system: This simply means that it is either hot or cold because both heating and cooling cannot be done concurrently. The City Hall has five air - handling vents which serve the complex. There are four vents on the main floor and one in the basement, all of which are on this two -pipe system which either heats or cools. M F M Company is proposing to convert the system to a four -pipe system which would involve in- stalling a cooling coil and heating coil in three of the air handlers, the one that serves the Council Chamber, the one that serves the lobby, and the one that serves the basement. The two end air handlers which serve the office areas need to be multi -zone systems, and the consultants propose to leave the cooling coils in the air handler and install terminal ridged coils to provide adequate zoning. The zoning would break into five zones on the side of the building where the Con- ference Room is located and into twelve zones on the other side of the building which should adequately control temperature. A second pipe system would necessarily be installed, along with replacement of de- teriorated pipe. A new hot -water pump would be installed with a new set of temperature controls for an estimated cost of $50,000.00. 6160 Minutes of the Regular Meeting - February 10, 1977 Council did ask if the consultants had considered using the two -pipe system strictly for cooling and installing electric heating units at the air handlers for heating. Mr. McDonald said that if the City Hall did not have the hot -water boiler, this method would be the most economical, but since the hot - water boiler was available, the consultants felt that the proposed method would be more feasible. Mr. LeFevre, Director of Finance, was curious if the air conditioner in the computer office would be eliminated. Mr. McDonald said that this air conditioning unit was an additional load which would not be affected by the installation of the new four -pipe system. The administration recommended the consultants be authorized• to proceed with detailed plans and specifications for the project. Councilman Kloesel moved to accept the recommendation of the administration; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Resolution No. 563 - Adopting the Affirmative Action Plan of the City of Baytown The Affirmative Action Plan was discussed at the last Council meeting. The administration was asked to change the portion deal- ing with the appointment of the Affirmative Action Officer so that this appointment would be made by the City Manager subject to the approval of City Council as in the case of department heads. The administration recommended adoption of this resolution with the proposed change. Councilman Kloesel moved that the City Council adopt the Af- firmative Action Plan as amended; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 563 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE "AFFIRMATIVE ACTION PLAN" FOR THE CITY OF BAYTOWN. Ordinance - Amendine the City of Baytown Personnel Rules Dan Savage, Assistant City Manager, stated that in May, 1976, Council adopted a new set of personnel rules, and at this time, the administration was recommending four changes. The first change was effected by the adoption of Resolution No. 563. The second change is a change in overtime policy due to the fact the National Fair Labor Standards Act no longer affects cities. This means that an employee may now receive time and one -half or com- pensatory time for overtime. The third change will affect vaca- tion accrual in that an employee may accrue only up to two times his annual vacation time. This change is necessary due to :.the change in the vacation policy which provided graduated vacation schedules up to 25 days per year, when in the past employees had vacation set at 15 days per year. In other words, employees who receive 10 days vacation per year may accrue up to 20 days vaca- tion, employees who receive 20 days per year may accrue up to 40 days, with the largest amount of possible accrual being 50 days. 6161 Minutes of the Regular Meeting - February 10, 1977 The fourth and final change affects the sick leave policy, in that a person who terminates prior to completion of the six -month pro- bationary period would not be paid for accumulated sick leave. The administration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilman Lander seconded the motion. Councilman Cannon felt to change the personnel policies to allow an individual who recieves 25 days vacation time per year to accrue up to two times that amount or 50 days would be excessive. He felt that a person should be encouraged to-.take vacation and asked if this accrual would be at the discretion of the City Manager. Mr. Savage explained that this accrual would be strictly up to the employee and that anything over two times the yearly rate would be lost. This policy would allow the administration more flexibility in scheduling vacations because the manner in which the policy is now written provides that a person who receives 25 days per year must take his vacation immediately after his anniversary date since he may only accrue 30 days. This works a hardship in some depart- ments where there are several people who receive 2S days per year. Mayor Gentry pointed out that in some instances there would be a problem of a person accruing 50 days vacation, plus 90 days of accrued sick time for which the city would necessarily have to pay in the event of separation either due to retirement or resigna- tion. Mr. Lanham said this was true, but this change would only continue the policy which had been in existence when all employees received 15 days per year vacation. He explained further that as a practical matter employees usually use all of their vacation time and that the administration encouraged this practice. Councilman Cannon favored moving an employee's vacation to January 1, no matter what the hire date so that the anniversary date for vacation purposes would be January 1 each year and upon separation, time differences could be made up. He felt that this would resolve scheduling problems. Councilman Cannon also stated that he was very hesitant to allow any employee to accrue 50 days vacation. Councilman Hutto felt that this policy would be an advantage to the administration for scheduling purposes and said that he had no reservations about an employee being paid upon termination for accrued vacation and sick time since he felt that this probably would be an incentive to increase tenure. Councilman Lander said that as a possible compromise perhaps Council might want to look at continuing the present policy. Councilman Cannon said that he would like to look at changing the eligibility date. Mayor Gentry asked if the proposed policy would allow the ad- ministration more flexibility in scheduling vacation. Mr. Lanham said that not only would this procedure allow more flexibility in scheduling, but the employees who receive 25 days per year would be treated more fairly under this policy. Councilman Kloesel commented that he was in favor of allowing the employees to accrue the vacation time; however, he was of the opinion that the policy should be written to state that this accrual would be strictly on a voluntary basis. He also stated that he realized that the new policy stated, "Employees shall be encouraged to use a substantial portion of their vacation leave each year," 6162 Minutes of the Regular Meeting - February 10, 1977 but during times of heavy work loads some employees might not take vacation. Mr. Lanham explained that the policy provides for departments to schedule vacation, but that these vacations must be scheduled giving due consideration to the needs of the city service and the.interests of the employee. Besides this, department heads may not grant extended vacation time without the approval of the City Manager and that has not been the prac- tice because the administration feels that all employees should take vacation. If an employee feels that he is being treated unjustly, there is a grievance procedure which may be followed, but no employee has ever made such an appeal. Councilman Kloesel said that he was not trying to infer that a problem existed, but in scheduling he wanted the employee to be certain that his vacation would be scheduled during the anniversary year. Councilman Kloesel moved to table action on Proposed Ordinance No. 70210 -1 until the next meeting; Council- man Cannon seconded the motion. The vote follows: Ayes: Council members Cannon and Kloesel Nays: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Council then considered the original motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council members Kloesel and Cannon ORDINANCE NO. 2175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE "CITY OF BAYTOWN PERSONNEL RULES" BY AMENDING CHAPTER 1, SECTION 2, EQUAL OPPORTUNITY POLICY; CHAPTER 7, SECTION 3, OVERTIME; CHAPTER 8, SECTION 2, VACATION; AND CHAPTER 8, SECTION 3, SICK LEAVE; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. Ordinance - Calling Public Hearing on Annexation of Chaparral Village, Section Nos. 4 & 5 The administration has received a letter from Leroy Walker, Developer of Chaparral Village, Section Nos. 4 and 5, requesting that this property be annexed into the City. Councilman Cannon expressed concern regarding annexations which cause the city boundaries to be uneven. He stated that he had expressed this same concern in the past. He felt the devel- oper should have requested that all this property be annexed to begin with since this is the third or fourth annexation for this subdivision. Mayor Gentry pointed out that as the city moves northward, more and more people would be requesting to be annexed, and he did not feel that the city would be in a position to refuse to annex these areas because of the shape of the property or to set a policy of annexing unimproved property for which the owner would not want to pay taxes. Councilman Cannon said that the city incurred certain ex- penses each time property was annexed. Councilman Kloesel pointed out that once a subdivision was annexed the city had the responsibility of tieing in water and sewer services, along with providing fire and police protection which would not be too ex- tensive in a small area, but could be quite substantial in a large area. He also stated that any time that the city had to provide public works services to annexed areas, then other areas were neglected. For these reasons, Councilman Kloesel said he 6163 Minutes of the Regular Meeting - February 10, 1977 would be opposed to the annexation of undeveloped areas. Councilman Hutto pointed out that there would be 100 homes constructed in this area which would cost in excess of $50,000.00, and this would be a substantial increase in tax dollars for the city. Also, it was pointed out that as the homes were constructed, there would be the added advantage of having the City of Baytown's Inspection Officer inspect these homes. Mr. Lanham also pointed out that in the administration's recommendation for a bond sale, it was recommended that sewer lines be constructed to service this area and that perhaps it would be a good idea to annex the property at the time these lines are constructed. Councilman Kloesel said that he felt a public hearing should be held on the proposed annexation and moved for the adoption of the ordinance setting the hearing for February 27, 1977. Council- man Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2176 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 PUB- LISH NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Ordinance - Accepting the Provisions of the State Department of Highways and Public Transportation Minute Order No. 72169 Minute Order No. 72169 covers the next phase of the Bayway Drive Improvement from Crow Road to southeast of where Park Street intersects Bayway. In their letter, the State refers to Park as Wooster -Cedar Bayou Drive. This project will alleviate the excess traffic situation on Park Street from the refinery traffic. The State will be reconstructing the bridge for this project and the City of Baytown will be responsible for acquiring necessary right of way. The City is now constructing bridges to a height of 16 feet; therefore, probably the State should be asked to construct this bridge to that height. The school district owns land on one side of the project so there should not be a great deal of diffi- culty in obtaining this right of way. The administration recom- mended approval of the ordinance adopting the minute order. Councilman Kloesel moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2177 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE PROVISIONS OF MINUTE ORDER NO. 72169 ADOPTED JANUARY 20, 1977, BY THE TEXAS HIGHWAY COMMISSION WITH REGARD TO THE IM- PROVEMENT OF BAYWAY DRIVE FROM CROW ROAD TO .01 MILE SOUTHEAST OF WOOSTER -CEDAR BAYOU DRIVE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6164 Minutes of the Regular Meeting - February 10, 1977 Ordinance - Awarding Concession Bid for the Baytown Sports Complex Only one bid was received for the concession at the Baytown Sports Complex which has been the case for the last two years. John Adams Concessions bid fifteen (15 %) per cent of the gross in- come from the concessions which is the same contract as last year with the exception that last year the bid was fifteen (15 %) per cent or $1,500.00 whichever was greater. The income last year was $1,800.00, so this year that provision was eliminated. The ad- ministration recommended approval of the ordinance. Councilman Hutto moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Abstained: Councilman Kloesel ORDINANCE NO. 2178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH JOHN ADAMS CONCESSIONS FOR THE CONCESSION AT THE BAYTOWN SPORTS COMPLEX (EXCLUDING THE SWIMMING POOL) AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution - Encouraging the Texas Legislature to Grant the Public Utility Commission Power and Jurisdiction to Regulate Every Public Utility Providing Services to City Residents Councilman Kloesel requested that this resolution be pre- pared and as prepared, it would apply to both gas rates and municipal water rates. Councilman Kloesel moved for the adoption of the resolution. Neel Richardson, City Attorney, asked to make an explanation prior to obtaining a second due to the fact that the explanation might affect the second. He explained that the resolution was drafted so that as far as gas rates are concerned, the resolution would only affect the gate rate. Pursuant to the Public Utilities Regulatory Act, the Railroad Commissi -on only has original juris- diction over gate rates, not burner tip rates. Burner tin rates are controlled by City Council. This resolution deals with only the rates over which the Railroad Commission has jurisdiction. Councilman Cannon asked if by the resolution, the City Coun- cil would be encouraging the Public Utility Commission to regu- late city rates. Councilman Kloesel said what he was hoping to accomplish by this resolution was to regulate the rates that would be charged by BAWA. Mayor Gentry intervened at this point and asked if there was a second to the motion before continuing with discussion. Councilman Cannon seconded the motion for the purpose of discussion. Mayor Gentry mentioned that when a delegation from the City of Baytown was in Austin two weeks ago, regarding the bill being introduced which would affect what rice farmers in Harris County would be charged for permit under the Subsidence District Act, a bill was introduced and discussed; and there was a hearing on it before the-house. This bill dealt with the price of water, specifically from the City of Houston to the small surrounding '�1 6165 Minutes of the Regular Meeting - February 10, 1977 municipalities. These small municipalities were concerned that they would be at the City of Houston's mercy; therefore, a bill was introduced by one of their local legislators to have the Public Utility Commission regulate these rates. The Committee on Natural Resources said that the Texas Water Rights Commission was already authorized to regulate these rates and that the Public Utility Commission was overloaded now. Mayor Gentry said for this reason he doubted that the Committee on Natural Resources would act favorably on this resolution. Councilman Kloesel said that even so he was interested in focussing attention on this problem. Councilwoman Wilbanks said that as the resolution was written, it appeared to affect all municipal water rates and asked if the wording could be changed to agree with what Councilman Kloesel was saying concerning one city selling to another. Councilman Kloesel said that he was interested in the resi- dents having protection on the costs of water. Councilman Lander said that the residents did have protection in that they could vote to replace the Council. Also, he pointed out that Council needed to be careful since BAWA could be selling water to other communities and would Council want to have BAWA regulated by the Utility Commission. Then, he added that personally he did not. Mayor Gentry referred the bill which he had mentioned earlier. He said that even though this bill was supposed to be designed for the City of Houston, the City of Dallas had a representative of their public works department appear to oppose this bill, who said that this bill would cause problems with the contracts between the City of Dallas and their consumers. This representative of the City of Dallas also said if Houston had problems these problems should be confined to the Houston area. Council Kloesel said that citizen's could not reach BAWA be- cause the Board met in the morning. Councilman Lander said that the citizens could reach BAWA because the City Council controlled BAWA. Councilman Kloesel said that he wasn't certain that a citi- zen would get results from City Council. Councilman Lander responded that a citizen would certainly get better response from the local Council than from a State regulatory body. Councilwoman Wilbanks called for the question. The vote follows: Ayes: Councilman Kloesel Nays: Council members Lander, Kimmons, Wilbanks, Hutto, and and Cannon Mayor Gentry Resolution - Adopting Target Areas and Proposed Projects for 1977 Community Development Projects Council approved plans and specifications for the 1976 program recently, and the plans and specifications have been forwarded to the County Engineer. When approval is received from the County, the City will advertise for bids. The proposed resolution adopts target areas for the 1977 Com- munity Development Program and sets out proposed projects. The administration was advised that for planning purposes $500,000.00 could be used. The target areas will be the same as 1976 with one addition, Rio Vista. Page 2 of the resolution sets out the projects being recommended, along with cost estimates. Mr. Lanham pointed out that Item No. 1 included items discussed with residents of Central Heights several months ago. A large delegation appeared 6166 Minutes of the Regular Meeting - February 10, 1977 with regard to standing water. The engineering department has devised a plan to eliminate this problem by cutting out the existing curb and a portion of the street and repouring to the roper grade. The estimated cost for Item No. 1 is approximately p$150,000.00. Item No. 2 consists of -completely rebuilding Chesa- peake Street. This street was included in the 1977 Street Im- provement Program; therefore, the administration recommended that Chesapeake be included under the 1977 Community Developemnt Pro- jects and that another street be added to the 1977 Street Improve- ment Project. In response to a question from Council, Mr. Lanham explained that this would actually delay construction on the street, but the City planned to do some drainage work in the area also, and the funds must be spent in areas such as this. Item No. 3 is necessary in order to accomplish Item No. 1, that is the construction of storm sewers to alleviate drainage problems. Storm sewers will be constructed along Atlantic and along West Humble. Also, there would be drainage improvements along Airhart from West Texas Avenue to Park Street. A pedestrian way will be constructed from West Texas to Park Street. Two other items are draina a projects in the Rio Vista area. These projects total more than 50,000.00. If funds are not received to cover the overage, then some projects will have to be eliminated. Mr. Lanham said that the deadline for submitting this reso- lution is February 1S, and the administration recommended approval of the resolution. Councilman Kimmons moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE TARGET AREA AND PROPOSED USES FOR COMMUNITY DEVELOPMENT ACT FUNDS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Amend Personnel Allocation In Police Department to Provide Positions for Two Assistant Chiefs This item was discussed in executive session at the last Council meeting. At that time, the administration requested authorization to delete one patrol position and add another as- sistant chief's position. One assistant chief woula be respon- sible for service functions and the other would be responsible for line functions. The cost for this would be approximately $6,000.00 on a twelve- months basis, but for the remainder of this year the cost would be $4,000.00. The administration .felt that with two assistant chiefs the Police Department would func- tion at a higher degree of efficiency and recommended approval of this change in the budget deleting one patrolman's position and adding one assistant chief's position. Councilman Hutto moved to accept the administration's rec- ommendation; Councilman Cannon seconded the motion. Councilman Hutto said that he had noticed that the addi- tional assistant chief was a day shift position and that he felt 6167 Minutes of the Regular Meeting - February 10, 1977 if the City had two assistant chiefs, one should be assigned to the night shift due to lack of supervisory personnel at night. Mayor Gentry asked to speak to that comment. He said that he had occasion to be at the police department last night after midnight and there were a lot of people in authority there. Mr. Lanham explained that prior to Chief Turner, the highest ranking officer on duty at night was sergeant, but now lieutenants were on duty at night. Chief Turner assured Council that there were persons on night duty with the authority to handle any situation For instance, a lieutenant can take personal appearance bonds or accept checks so that an individual does not have to remain in jail. Councilman Kloesel said that he felt that there was too much overhead in this department, as well as other departments. He also said that the Chief should deal with principal line super- visors, rather than placing an assistant between himself and his supervisors. Chief Turner said that the second assistant chief's position would help free his time so that he could concentrate on what was happening in the city and to obtain feedback from the public. Councilman Hutto said that the Chief should be commended for the job he has done in the short time since his appointment; Council concurred. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: Councilman Kloesel rCommittee Reports Councilwoman Wilbanks reported to Council that she had at- tended a Transportation Policy Committee Meeting with the National Association of Regional Councils in Washington last week, as Bay - town's representative on H -GAC. There were some thirty states represented in this meeting. She said that from the information presented, she felt that the Texas Highway Department does listen and communicate with regional planning agencies and local planning authorities a great deal more than other state highway departments, and that we are fortunate in this respect. The delegates discussed how federal, state, and local transportation agencies could work more smoothly to provide transportation. Also, the delegates dis- cussed the possibilities of establishing two funds for highway monies: one, for maintenance and the other for new construction. In response to Mayor Gentry's question regarding the release of highway funds, Mrs. Wilbanks said that there was no indication that these funds would be released. Councilman Cannon reported that the Council's Traffic Committee had met and deferred action on the closing of Durrain -Ferry Road until the State completes construction. Approximately eight citi- zens appeared to ask that the street be closed and one requested that it remain open. Councilman Cannon explained that the Committee felt that after the State completed construction and if the City decided to close the street, then there would be no additional costs to the City to do so. Also, the feeder street will have two -way traffic during construction; therefore, Durrain -Ferry Road should be closed during that period, but the committee felt that after Spur 201 was completed the closing should be considered after some study of traffic patterns. 6168 Minutes of the Regular Meeting - February 10, 1977 Councilman Kloesel asked that the closing of Durrain -Ferry Road be placed on the next agenda for consideration. Unfinished Business None. Recess and Reconvene Mayor Gentry recessed the meeting into executive session to discuss pending legal matters. When the meeting reconvened, Council considered the setting of a date for public hearing on Entex's request for rate adjustment. Councilman Kimmons moved to set the hearing on Entex's re- quest for rate adjustment for 7:15 p.m. on Thursday, February 24. Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kloesel, Kimmons, Lander, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Mayor Gentry asked Mr. Lanham if there was another matter to be discussed. Mr. Lanham said that a few weeks ago a citizen came in inquiring about sewer service. This person intended to move a mobile home on a lot on Lee Drive. After checking the map, a determination was made that there was a sewer line located in this area and a permit was issued. The man went to the expense of constructing a sewer line to the street only to discover that there was no line there, and after checking the administration de- termined that there was no practical way for the City to provide this service. Therefore, the man has now built a septic tank to service his home and has submitted a bill to the City for the amount of $436.29. The administration felt this to be a reason- able claim and requested authorization to reimburse this amount. Councilwoman Wilbanks moved to accept the recommendation of the administration; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Nays: None Councilman Kloesel asked if there was a specific date that the City needed to respond to other cities on this gas rate request. The City Attorney said that a date was set, but he did not feel that it was critical. Mayor Gentry asked the City Attorney to respond that the City Council had set a date for a hearing and that a determination would be made at that time. Adj ourn There being no further business to transact, Councilwoman Wilbanks moved to adjourn the meeting; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None EILEEN P. HALL, City Clerk