City of Houston Agenda 8-29-06
Normally, I delete what I judge to be extraneous text, and often paraphrase in order to make the legalese a lot more readable; also, comments added are a mix of my own opinions, best guesses, snarking, and judgments, and therefore may not be entirely accurate.
The council meeting on Wednesday should be starting with another deceptively simple "Mayor's Report"; this one titled "Creation of Metro." Since it's been quite a long time since Metro was actually created, and I don't think Mayor White is going to waste time with a history lesson, this is either a song-and-dance celebrating what a wonderful organization Metro is to have around, or another major power play on the level of gutting Proposition 2. In other words, either he's going to put on a show to help Metro, which is beginning to flounder in the face of public opposition to rail, or he's about to try and make Metro completely unaccountable to anyone except the Holy Disciples of the Church of Smart Growth.
Following that item, the Controller and "city administration" will be delivering a report on the financial status of the city. Hopefully, we will find out then whether or not the city is sitting on a surplus, and how far over the trigger levels of Propositions 1 and 2 we are. At the very least, we will likely find out just how independent Controller Annise Parker plans to be of Mayor White. She was pretty slow to pitch in during the Bonusgate scandal, so this might be only a terribly boring recitation of numbers. On the other hand, if there are a lot of inconvenient figures laid out, with bold talk about required tax rollbacks, things could get interesting for Mayor White in the next few months.
Also see item #s 5, 19, 23, 24, 29, 32, and 40. I recommend taking your blood pressure medicine before #5. Be sure to visit regularly this week for follow-up on several of these items.
AGENDA - COUNCIL MEETING - TUESDAY - AUGUST 29, 2006 - 1:30 P. M.
COUNCIL CHAMBER - SECOND FLOOR - CITY HALL -- 901 BAGBY - HOUSTON, TEXAS
1:30 P. M. - ROLL CALL -- ADOPT MINUTES OF PREVIOUS MEETING
2:00 P. M. - PUBLIC SPEAKERS -- Not listed in the backup this week.
5:00 P. M. - RECESSRECONVENE WEDNESDAY - AUGUST 30, 2006 - 9:00 A. M.
MAYOR’S REPORT - Creation of Metro
9:00 A.M. - REPORT FROM CITY CONTROLLER AND THE CITY ADMINISTRATION REGARDING THE CURRENT FINANCIAL STATUS OF THE CITY - including but not limited to, a revenue, expenditure and encumbrance report for the General Fund, all special revenue funds and all enterprise funds, and a report on the status of bond funds.
The first three items are fairly mundane, although a couple are worth noting.
MISCELLANEOUS - NUMBERS 1 through 4
1. REQUEST from Mayor for confirmation of the appointment or reappointment of the following to the BOILER CODE REVIEW AND LICENSING BOARD:
Position One - MR. RODNEY H. LEWIS, reappointment, for a term to expire January 2, 2007
Position Two - MR. ROGER STEPHENS, reappointment, for a term to expire January 2, 2008
Position Three - MR. BILLY E. JACKSON, appointment, for a term to expire January 2, 2007
Position Four - MR. ROBERT HILL, reappointment, and as Chair, for a term to expire January 2, 20082. RECOMMENDATION from Director Finance & Administration Department for renewal of membership in the NATIONAL LEAGUE OF CITIES - $37,218.00 - General Fund -- "Among the 2006 federal legislative priorities for NLC are : saving the community development block grant; protecting local authority in any reform of the Telecommunications Act; support state solutions for the use of eminent domain ; and examining strategies for creating housing programs that will ensure that people who work in the community can live in the community and urge continued federal funding for the Section 8 Housing Choice Voucher program and the HOPE VI program."
While we know Houston has its own unique problems with federal housing funding, I find the concept of "state solutions for the use of eminent domain" to be oddly vague wording. On the general theory that no government ever wants less power, I don't think that the NLC's idea of a solution would be one of which we'd approve.
The National League of Cities urges Congress not to preempt or displace state laws and constitutions that govern the local application of eminent domain. -- Issue statement, NLC website
Cities across America will be able to continue to use the power of eminent domain — one of their most effective tools for ensuring economic development—under a US Supreme Court ruling issued today. In upholding the city of New London in the Kelo v. City of New London case, the Supreme Court reaffirmed that cities can continue to take private land for private development if it will fulfill a “public purpose.”
NLC press release, 6-23-05
Right. Didn't think so.
3. RECOMMENDATION from Fire Chief for Injury on duty leave and salary continuation extension for Firefighter PAUL RANDLE
4. RECOMMENDATION from Director Department of Public Works & Engineering to expend funds for traffic signal operations and maintenance on the Metro Light Rail Traffic Signal System pursuant to the Operations and Maintenance Agreement between the City of Houston and METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS - 1 Year - $178,500.00 - General Fund
Yet another way Metro hides its expenses from the public -- by getting the City to pay for things when it can. All the signals along the current light rail line are tied into the Metro signalling system, so that trains passing through intersections will supposedly have the signals in their favor. Therefore Metro maintains them -- but the city pays for it. What this means is that hundreds of traffic signals along all the new rail and BRT routes will be under Metro's control and maintenance (wonder what that will do to the mayor's vaunted synchronization project?), but continue to be paid for by the city. In turn, that means that the so-called "cost of ridership figures" that Metro produces will be that much more obscured.
5. Settlement of lawsuit styled YOLANDA DONNER v. City of Houston, Texas, et al; in the 164th Judicial District Court of Harris County, Texas $100,000.00 - Property and Casualty Fund
Three years ago, the city dug a hole on Hammerly to repair a water main, but failed to backfill the hole with gravel prior to repair of the street. Ms. Donner slammed into it; her airbag deployed and she sustained injuries to both rotator cuffs requiring surgery costing $33,000. She can no longer work due to her injuries, and her estimated loss of income through age 65 is $148,000. The city is forcing her to settle for $100,000, which is not even the amount of lost income. Add in vehicle damages and legal expenses, and she is barely making the medical expenses back, with nothing for pain and suffering.
I have a four letter word to describe this sort of thing. It's even usable in polite company: "Evil." It's a damned shame that some of us are paying for Outa Town Brown's reduction of city services in very personal ways.
ACCEPT WORK - NUMBERS 6 through 8
6. Approval of final contract amount of $1,404,494.50 and acceptance of work on contract with BERGEN ELECTRICAL CORPORATION for Jones Hall Improvements Mechanical & Electrical, - 01.19% over the original contract amount.
7. Approval of final contract amount of $13,776,933.51 and acceptance of work on contract with TEXAS STERLING CONSTRUCTION, L.P. for Kirby Drive Reconstruction from IH-610 to Brays Bayou, GFS N-0775-01-3 (SB9081) - 02.58% over the original contract amount
8. Approval of final contract amount of $7,505,152.82 and acceptance of work on contract with CRAIG, SHEFFIELD & AUSTIN, INC for Sims South Wastewater Treatment Plant Lift Station Replacement and Scott Street Wet Weather Facilities Improvements, GFS R-0265-22-3 (WW4806-02) - 00.11% over the original contract amount -
PROPERTY - NUMBER 9
9. Pay all costs of Court and not file any objections to the (arbitration) award in connection with eminent domain proceeding vs. Benjamin Tristan, el al., for the HALLS BAYOU HIKE AND BIKE TRAIL PROJECT (Hirsch - Missouri Pacific R.R.); $74,717.00 - Street & Bridge Consolidated Fund
My first thought is "how many holes can be filled with $74,000 worth of gravel?" My second thought is "Ah, of course the National League of Cities doesn't want eminent domain to be "interfered with"; it might make it hard to steal people's land for useless bicycle trails if you had to ask nicely instead of just taking it.
PURCHASING AND TABULATION OF BIDS - NUMBERS 10 through 13
10. RAPISCAN SYSTEMS, INC - $402,732.02 and METOREX SECURITY PRODUCTS, INC - $72,000.00 for X-Ray Scanners and Metal Detectors from the State of Texas Building and Procurement Commission’s Contract through the State of Texas Cooperative Purchasing Program for the Building Services Department - Grant Fund
11. ADA RESOURCES, INC for Fuel, Aviation Gasoline and Turbine for Police Department $1,010,000.00 - General Fund
12. RUSSELL REYNOLDS ASSOCIATES for Professional Executive Search Services - $42,600.00 - General Fund
We're paying headhunters to find us a "Deputy Director for Radio Communications." Whatever that is. Maybe if the city paid worth a damn, the qualified people would find us?
13. HACH COMPANY-LACHAT INSTRUMENTS - $46,582.37, DIONEX CORPORATION (Bid Nos. 1 and 2 - $104,264.75, AGILENT TECHNOLOGIES, INC, (Bid No. 1) - $78,193.60 and VARIAN, INC - $40,932.64 for Laboratory Equipment for Various Departments - $269,973.36 - Enterprise, Health Special Revenue and Equipment Acquisition Consolidated Funds. "These analyzers will be used to test surface water, wastewater and drinking water for the presence of ammonia, phosphorus, chloride, fluoride, sulfates, pesticides, hydrocarbons and other anions as required by the Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ)."
One would expect the purchases to be on behalf of PW&E, and some are. The rest have to do with various health regulations and permits, so they are mostly under the Health Department.
RESOLUTIONS AND ORDINANCES - NUMBERS 14 through 35
14. RESOLUTION approving an application requesting financial assistance from the Texas Water Development Board
The state maintains a revolving fund under which it makes low-interest loans to cities for bonds to conduct improvements in water or sewer infrastructure. This is a request to authorize PW&E to apply for a $23 million loan in FY 2008 for sewer improvements.
15. ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to Flood Plain; containing findings and other provisions relating to the foregoing subject; providing an effective date; providing for severability.
16. ORDINANCE AMENDING ARTICLE XVI, CHAPTER 40, CODE OF ORDINANCES, HOUSTON, TEXAS, by adding a portion of Old Sixth Ward as a designated area covered by such article; containing findings and other provisions relating to the foregoing subject; providing an effective date; providing for severability
17. ORDINANCE AMENDING ARTICLE XVI, CHAPTER 40, CODE OF ORDINANCES, HOUSTON, TEXAS, by adding a portion of Avondale as a designated area covered by such article; containing findings and other provisions relating to the foregoing subject; providing an effective date; providing for severability
18. ORDINANCE AMENDING ARTICLE XVI, CHAPTER 40, CODE OF ORDINANCES, HOUSTON, TEXAS, by adding a portion of Greater Hyde Park as a designated area covered by such article; containing findings and other provisions relating to the foregoing subject; providing an effective date; providing for severability
Changes to the flood plain ordinances and three of the anti-vagrant ordinances from last week, which were bumped from that meeting.
19. ORDINANCE AMENDING ARTICLE III OF CHAPTER 44 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to Hotel Occupancy Tax Transaction Records; containing other provisions relating to the foregoing subject; providing for severability
Evidently, Mayor White has run into some issues with trying to collect the hotel occupancy tax (a portion of which is returned to the GHVCB each year). One issue has been the bulk discounting of hotel rooms and their resale online, which he disputes. Another, it appears, is that the hotels themselves may not be keeping the information necessary to audit them for tax purposes. However, the amount of information being requested here is disturbing, and raises significant privacy and security issues.
"Requirements for persons who are required to collect hotel occupancy taxes:
(1) maintenance of records for each room rental, including check-in and check-out dates, the consideration paid (including the state and local hotel occupancy taxes collected), and the method of payment; supporting documentation and certificates of exemption for guests who are exempt from hotel occupancy taxes ; and certain banking and credit card records;
(2) issuance of electronic or handwritten receipts to customers showing the date and time of the transaction, the room number, and the charges for the room ; as well as additional requirements for handwritten receipts; and
(3) a 4-year retention period for all such records.
The proposed ordinance also creates an offense for failure to maintain a required record or information; adds boarding houses to the definition of hotel, and, as a clerical matter and for clarity, changes all references to the tax assessor-collector to the director.
I see an administrative burden, an effort to add boarding houses to the revenue stream, law enforcement applications out the wazoo, security issues, privacy problems, you name it. Simply put, this law makes it possible for the city, as a tax enforcement matter requiring no subpoena (nor allowing the hotel a chance to decline on behalf of its customers' privacy), to obtain information regarding who rented any hotel room in the city, when, for how long, how they paid... what's next? One of Chief Hurtt's cameras in every room?
20. Altering speed limits in certain school zones in the City of Houston; making various findings and containing other provisions relating to the subject; declaring certain conduct to be unlawful and providing a penalty; providing for severability; containing a repealer; containing a savings clause
Adjustments of various school zones, removals where the schools have closed.
21. Approving and authorizing the submission of the budgets for Bureau of Nutritional Services, Women and Children (WIC), Tuberculosis, Title V-Part A, Associateship for Family Health Services. Titles V, XX & X for Family Planning Services, and the Immunization Program for the 2006-2007 Contracts with the Department of State Health Services (TDH Contract No. 7460011640-07).
22. ORDINANCE approving and authorizing first amendment to Contract #FC57195 between the City of Houston and O’BRIEN OIL POLLUTION SERVICE, INC for Bioterrorism Exercise Consulting Services
23. Amending Ordinance No. 94-675, passed July 6, 1994, which approved and authorized submission of the Statement of Community Development Objectives and Projected use of Funds for the 20th Community Development Block Grant Program Year to the United States Department of Housing and Urban Development - "This project is a first of its kind demonstration grant to develop a revitalization plan and implementation campaign for a Super Neighborhood . The purpose of this project is to develop a revitalization plan that provides a vision for redevelopment and promotes a sustainable community."
This is to change the goals and aims of the "statement" (think of it as a governing charter or policy) for SuperNeighborhoods 39 and 40. The development of low/moderate income housing is being dropped as a goal in favor of a general redevelopment "plan" to be worked out under contract with TSU.
"I've got a bad feeling about this..." Shouldn't a neighborhood's redevelopment be worked out with, you know, the neighborhood? I thought that's what the SuperNeighborhoods were for. Silly me.
24. Amending City of Houston Ordinance No. 2004-0685, passed on June 30, 2004, which approved and authorized submission of the 2004 Consolidated Plan and the grant application for the 30th Community Development Block Grant ("CDBG") Program Year. "The Housing and Community Development Department (HCDD) has identified funds under a prior [housing and rehabilitation] activity that are being decreased to add two (2) new projects--the (New Minor Home Repair Project) and the (New Relocation Project) to provide repair and/or relocation assistance for eligible applicants in emergency circumstances such as the recent flood in the Southeast Quadrant of the City of Houston."
Question: Could this authorize money to be diverted to supporting Katrina evacuees?
25. Amending City of Houston Ordinance No. 2005-607, passed on May 11, 2005 which approved and authorized submission of the 2005 Consolidated Plan and the grant application for the 31st Community Development Block Grant (“CDBG”) Program Year, among others.
Federal funds previously allocated to Glenbrook Park are being diverted to Mason Park ($150,000)
26. Approving and authorizing contract between the City of Houston and CHILD CARE COUNCIL OF GREATER HOUSTON providing up to $2,350,195.17 in Community Development Block Grant (“CDBG”) Funds for the Administration of an Emergency Shelter Grants Program, which amount includes a limitation on additional funding in the amount of $2,017,133.00 - 1 Year
While the RCA references the ESGP several times, exactly what this program is supposed to be is never explained. Disaster relief?
27. ORDINANCE approving and authorizing contract between the City of Houston and CHILD CARE COUNCIL OF GREATER HOUSTON providing up to $752,500.00 in Community Development Block Grant (“CDBG”) Funds for the implementation, oversight and delivery of a Child Care Program, which amount includes a limitation on additional funding in the amount of $729,093.52 - 1 Year
Same.
28. ORDINANCE approving and authorizing contract between the City of Houston and CHILD CARE COUNCIL OF GREATER HOUSTON providing up to $833,500.00 in Community Development Block Grant (“CDBG”) Funds for the implementation, oversight and delivery of a Juvenile Delinquency Prevention Program, which amount includes a limitation on additional funding in the amount of $787,906.48 - 1 Year
And again. The only information in any of these is the stock sentence: "The City entered into a Contract with Child Care Council on [date] to provide the above referenced services. These services include the selection of service providers through a Request for Proposal (RFP) process negotiating contracts with providers; processing reimbursement requests ; monitoring performance, provide technical assistance and training; and management assistance." But there is no information on what the programs are supposed to be doing, apart from their names. Are we paying for bureaucratic Non-Governmental Organization waste or efficient action?
29. ORDINANCE appropriating $1,000,000.00 out of the TIRZ Affordable Housing Fund (Fund 2409) and approving and authorizing third amendment to Land Assembly Grant Agreement between the City of Houston and the LAND ASSEMBLAGE REDEVELOPMENT AUTHORITY ("LARA")
Since this is the city's pet "assemble tax-delinquent land for resale only to select developers" tool, I am not surprised to note: "The backup for this item is missing."
30. ORDINANCE approving and authorizing lease agreement by and between the City of Houston and AVIS RENT A CAR SYSTEM, INC for certain premises at William P. Hobby Airport
31. ORDINANCE approving and authorizing lease agreement by and between the City of Houston and BUDGET RENT A CAR SYSTEM, INC for certain premises at William P. Hobby Airport
32. ORDINANCE approving and authorizing Shared Ride Concession Agreement by and between the City of Houston, Texas and ADAMS SYSTEMS, L.L.C., d/b/a SUPERSHUTTLE HOUSTON
Well, the long-delayed contract for shuttle-bus services straight to your door is finally back, after a very long "two months." Hotels will continue to be able to utilize their own shuttles, as always. However, the contract is still otherwise an exclusive -- all other scheduled shuttle services from the airport must halt after 3/31/07.
33. ORDINANCE approving and authorizing first amendment to contract between the City of Houston and ARAMARK CORRECTIONAL SERVICES, INC C59651 for Jail Food Services for Houston Police Department
34. ORDINANCE approving and authorizing first amendment to contract between the City of Houston and SMITH-MOBELY, INC for Securing Dangerous Buildings Services for Police Department
35. ORDINANCE finding and declaring public convenience and necessity for the acquisition of rights-of-way in connection with the public improvement project known as the Aldine Westfield Paving Project from Tidwell to Little York; authorizing the acquisition of certain real property interests within the right-of-way alignment and payment of the costs of such purchases and/or condemnations of such real property and associated costs for...the acquisition of 86 parcels of land.
MATTERS HELD - NUMBERS 36 through 40
36. MOTION by Council Member Khan/Seconded by Council Member Alvarado to adopt recommendation from Finance & Administration on award to JOHN DEERE COMPANY for Grounds Keeping Equipment through the Interlocal Agreement for Cooperative Purchasing with the Texas Local Government Purchasing Cooperative for Parks & Recreation and Public Works & Engineering Departments - $347,473.34 - Enterprise, Equipment Acquisition Consolidated and Park Revenue Special Revenue Funds- TAGGED BY COUNCIL MEMBER JOHNSON
This was Item 15 on Agenda of August 23, 200637. RECOMMENDATION from Finance & Administration Department on award to FORAY, LLC d/b/a FORAY TECHNOLOGIES for Authenticated Digital Asset Management System for Houston Police Department - $51,500.00 - Grant Fund -- TAGGED BY COUNCIL MEMBER WISEMAN
This was Item 17 on Agenda of August 23, 200638. RECOMMENDATION from Finance & Administration Department on award to RCC CONSULTANTS, INC for Purchase of Consulting Services through the Houston-Galveston Area Council in the amount of $398,926.00 - Grant Fund -- TAGGED BY COUNCIL MEMBER WISEMAN
This was Item 24 on Agenda of August 23, 200639. ORDINANCE consenting to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 415 - TAGGED BY COUNCIL MEMBER WISEMAN
This was Item 38 on Agenda of August 23, 200640. ORDINANCE approving and authorizing a Reinstatement, Modification and Extension Agreement between the City of Houston and APTDF, LTD., to provide for the Reinstatement of the Note and Security Instruments, Modification of the loan agreement, and extension of the term of the loan. -- TAGGED BY COUNCIL MEMBER KHAN
This was Item 46 on the Agenda of August 23, 2006
In 1998, APTDF, Ltd, entered into a loan agreement with the Housing and Community Development Department; a loan personnally guaranteed by Gary Gates, d/b/a Gatesco, to rehabilitate the Deerfield Apartments. Notes to the senior lender (Capital One) and insurance payments are up to date, but, after 8 years, only $291,006 has been paid back to the city on this $1,120,000.00 loan, which is less than the currently unpaid interest of $294,022.35 (at 7% annually). Actually, only $106,081.67 has been paid towards the principal, and the property is not in compliance with either city code or HUD regulations. Slightly over $1m remains due to Capital One, and repair costs are estimated at $1.8m. Appraised value of the property "as is" is $3,800,000. So, the proposed solution is for Mr. Gates to refinance the property through Capital Bank to free up the money for repairs, while the city is to forgive all the unpaid interest and half the loan, then give Mr. Gates another 30 months (with two one-year extensions at the Director's option) to pay back the remainder. The city's loan must be re-subordinated to Capital Bank's. Which, of course, guranteees that if Mr. Gates is in default of the remaining city loan, the city still can't foreclose.
MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Green first
And that's all for another week. See you around Labor day!
Posted by Ubu Roi @ 08/27/06 10:40 PM | Print |
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