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Home My WebLink AboutMinutes - City Council - Special - 5/8/1998CITY OF LUBBOCK SPECIAL CITY COUNCIL MEETING May 8, 1998 10:00 A. M. The City Council of the City of Lubbock, Texas met in special session on the 8th day of May, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 10:00 A.M. 10:00 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Pro Tern Alex "Ty" Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, First Assistant City Manager Debra Forte, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Absent: Mayor Windy Sitton, Councilmember T. J. Patterson, and City Manager Bob Cass Mayor Pro Tem Cooke called the meeting to order at 10:01 A. M. Councilmember Randy Neugebauer gave the invocation. Pledge of Allegiance was given in unison by those in the City Council Chambers. MISCELLANEOUS ( 1.) Consider Resolution No. 5840 canvassing the returns and declaring the results of the City General Election held on May 2, 1998. RESOLUTION NO. 5840 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE GENERAL CITY ELECTION HELD MAY 2, 1998. BE IT REMEMBERED THAT, on the 8th day of May, 1998, the City Council of the City of Lubbock met at 10:00 o'clock a.m. at the regular meeting place of the City Council in the City of Lubbock Municipal Building with the following members present, to -wit: Alex "Ty" Cooke, Mayor Pro Tern Victor Hernandez, Councilmember, District 1 David Nelson, Councilmember, District 3 Max Ince, Councilmember, District 4 Randy Neugebauer, Councilmember, District 5 On Motion of Councilmember Neugebauer, seconded by Councilmember Ince, it is unanimously carried that the returns of the General City Election held May 2, 1998, for the election of a Mayor, three City Council Members and a Municipal Court Judge, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes for the various candidates are as follows: Special City Council Meeting May 8, 1998 Page 250 CANDIDATES FOR MAYOR VOTES RECEIVED Windy Sitton ............................... 13,045 Gilbert Montes ............................. 813 Mikel Ward ................................ 10,642 CANDIDATES FOR COUNCIL DISTRICT 1 VOTES RECEIVED Victor Hernandez .......................... 1,029 Frank Gutierrez ........................... 949 CANDIDATES FOR COUNCIL DISTRICT 3 VOTES RECEIVED David Nelson .............................. 3,737 CANDIDATES FOR COUNCIL DISTRICT 5 VOTES RECEIVED Randy Berry ............................... 984 Marc McDougal ............................ 2,815 Mathew Howard ............................ 719 CANDIDATES FOR MUNICIPAL JUDGE VOTES RECEIVED Robert Doty ............................... 17,194 TOTAL VOTES CAST IN ELECTION 24,552 And it further appearing that said election was duly held as provided by law and that the following persons received a majority of the votes of the sum total of votes cast for each specified position: POSITION PERSON RECEIVING MAJORITY VOTE MAYOR Windy Sitton COUNCIL DISTRICT 1 Victor Hernandez COUNCIL DISTRICT 3 David Nelson COUNCIL DISTRICT 5 Marc McDougal MUNICIPAL JUDGE Robert Doty IT IS THEREFORE FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the persons named above as receiving the majority vote for each position are duly elected to the office indicated. PASSED, APPROVED AND ADOPTED ON MOTION OF COUNCILMEMBER NEUGEBAUER, SECONDED BY COUNCILMEMBER INCE, THIS 8TH DAY OF MAY, 1998. 250 Special City Council Meeting May 8, 1998 Page 251 COUNCIL MEMBERS VOTING AYE Mayor Pro Tem Alex "Ty" Cooke Councilmember Victor Hernandez Councilmember Max Ince Councilmember David Nelson Councilmember Randy Neugebauer COUNCIL MEMBERS VOTING NAY: None Passed by City Council this 8th day of May, 1998. /s/ ALEX "TY" COOKE for WINDY SITTON, MAYOR ALEX "TY" COOKE, MAYOR PRO TEM ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO FORM: /s/Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney The governing body is required to canvass election results not earlier than the second day nor later than the sixth day after election day. Thus, the Special Meeting was called to canvass the results of the May 2, 1998 General Election. Each Councilmember was provided with tabulation sheets showing the number of votes cast for each candidate as well as the number of under votes and over votes in each precinct. This resolution canvasses the returns and declares the results of the General Election for the Mayor, City Councilmembers Districts 1, 3 and 5, and Municipal Judge. Kaythie Darnell, City Secretary, presented staff comments. The City Secretary recommended that the City Council accept the returns and act favorably on the resolution. Motion was made by Councilmember Neugebauer, seconded by Councilmember Ince to pass Resolution No. 5840 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 2•) Consider Resolution No. 5841 appointing temporary and substitute judge for the Lubbock Municipal Court of Record. 251 Special City Council Meeting May 8, 1998 Page 252 RESOLUTION NO. 5841 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock the appointment of Jan Blacklock Matthews as temporary and substitute judge for the Lubbock Municipal Court of Record, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 8th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, City Manager APPROVED AS TO FORM: /s/ Anita Burgess Anita Burgess, City Attorney Judge Robert A. Doty ran unopposed for Municipal Court Judge in the May 2nd election. He held the position of temporary and substitute judge for Municipal Court, assisting the presiding judge in the daily operations of the court on a part-time basis. Jan Blacklock Matthews previously presided as Municipal Court Judge. Judge Doty, with the concurrence of Anita Burgess, City Attorney, requested that Jan Blacklock Matthews be appointed to his previous position as temporary and substitute municipal judge with such appointment to become effective on May 2, 1998 or at such time as Judge Doty is duly appointed by taking his oath of office. Judge Doty and Ms. Burgess requested this appointment based on the following reasons: 1. To maintain stability of court operations; 2. To assist in the transition of the judicial function; 3. To retain the elected position of Region I Director for the Texas Municipal Courts Association and for the Texas Municipal Courts Education Center. Jan Blacklock Matthews is the first person from Lubbock to be elected to these state boards. A person must be a municipal court judge to hold this position; 4. To assist the temporary and substitute municipal judges who arraign prisoners within the holding facility; and 252 Special City Council Meeting May 8, 1998 Page 253 5. To assist with the development of innovative programs for the juvenile offenders of our community. Due to the presiding judge's schedule in daily operations of the court, assistance is required when he is unable to act for any reason during regular business hours and during his absence from the court. Jan Blacklock Matthews will work under the direction of the presiding municipal court judge, and will assist the presiding judge with arraignment responsibilities, hearings, trials, and any other duties required of the presiding judge during his absence. Compensation for this position is recommended at $30.00 per hour during regular business hours, Monday -Friday 8:00 a.m.-5:00 p.m.; $50.00 per hour outside regular business hours. Robert Doty, Incoming Municipal Court Judge, presented staff comments. Staff recommended Council approve the appointment of Jan Blacklock Matthews as temporary and substitute municipal court judge effective May 8, 1998. Motion was made by Councilmember Neugebauer, seconded by Councilmember Hernandez to pass Resolution No. 5841 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. TRANSPORTATION SERVICES ( 3.) Consider Resolution No. 5842 authorizing the Mayor to execute a contract with BFI Waste Systems of North America, Inc. for the sorting of recyclable materials collected by the City of Lubbock. RESOLUTION NO. 5842 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a contract for the recycling of "blue bag" materials collected by the Solid Waste Department, by and between the City of Lubbock and BFI Waste Systems of North America, Inc., and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. 253 Special City Council Meeting May 8, 1998 Page 254 Passed by City Council this 8th day of May, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Mildred Cox Mildred Cox, Director of Transportation Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Municipal Contracts Attorney A copy of the Contract is filed with Resolution No. 5842. In February, 1997, the City of Lubbock released RFP #97063 for the Separation of Recyclable Materials. The bid specifications called for the successful bidder to process recyclable materials. Two companies, Graves and Gibson Industries and BFI, responded to this RFP. On May 8, 1997 the City awarded a three-year contract to the low bidder, Graves and Gibson Industries. Graves and Gibson Industries began sorting the recyclables in June, 1997. Due to ongoing problems, including an inability to sort and market the recyclable material and to meet other contract obligations, the City of Lubbock terminated the contract with Graves and Gibson Industries on April 25, 1998. The City now needs a contractor to sort recyclable materials collected in the blue bag program and those that are currently stockpiled. This contract will be for a five -month period from May 8 to September 30. During this time period, the City will prepare and distribute a RFP for both the collection and processing of recyclable materials. BFI was the vendor who sorted the recyclable prior to the contract with Graves and Gibson Industries and performed well. Mildred Cox, Director of Transportation, presented staff comments. Staff recommended that Council authorize the Mayor to execute the contract between BFI Waste Systems of North America, Inc. and the City of Lubbock for processing of recyclable materials. Motion was made by Councilmember Nelson, seconded by Councilmember Neugebauer to pass Resolution No. 5842 as recommended by staff. Motion carried: 5 Yeas, 0 Nays. 254 Special City Council Meeting May 8, 1998 Page 255 10:15 A. M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Ince made a motion to adjourn; Councilmember Hernandez seconded the motion. Motion carried: 5 Yeas; 0 Nays. 10:30 A. M. SWEARING -IN CEREMONY Following the City Council Meeting, Robert A. Doty was sworn in as Municipal Court Judge. Jan Blacklock Matthews was sworn in as Municipal Court Temporary/ Substitute Judge. WINDY SITthN, MAYOR ATTEST: W�J'j Kay , ' Darnell, City Secretary Read and approved this IV day of , 1998. WINDY SMON, MAYOR ATTEST: "A ayt i Darnell, City Secretary 255