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2014 04 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 10, 2014 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, April 10, 2014, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Chris Presley Mercedes Renteria Terry Sain Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the April 10, 2014, Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Mercedes Renteria 111. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 27, 2014. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the March 27, 2014, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley City Council Regular Meeting Minutes April 10, 2014 Page 2 of 16 Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Sophie Freeman requested to speak to the Council regarding the Baytown Professional Firefighters Association Local 1173's Fill- the -Boot Campaign for 2014. Ms. Sophie Freeman stated that in 2013, the Baytown Firefighter's Association Local 1173 rose over $35,000 for muscular dystrophy and welcomed all to support their local firefighters in their fill the boot campaign on three consecutive Fridays April 18th, April 25th and May 2nd of the 2014 year. She stated that there will be a media kickoff at Fire Station 6 on Tuesday, April 15, 2014, at 3:00 P.M. b. Consider a resolution accepting an ExxonMobil donation for the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown Nature Center's Environmental Education Program. City Manager Leiper presented the item and stated that Resolution No. 2303 accepts a $60,000 contribution from ExxonMobil supporting the Baytown Nature Center's Environmental Education Programs and the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands Ecology Program with each program receiving $30,000. He stated that this is the 12th year of the funding of the Baytown Nature Center's Environmental Education Programs and the 15th year of the Wetlands Ecology Program at the Wetlands Center. He further stated that ExxonMobil, over the past 15 years, has contributed $950,000 to support these programs. Ms. Decdra Moe, spoke on behalf of ExxonMobil and thanked Council for their support of these educational and environmental programs in which ExxonMobil appreciates the opportunity to be a part of. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem David McCartney approving Resolution No. 2303. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 10, 2014 Page 3 of 16 RESOLUTION NO. 2303 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS AND THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Present the City of Baytown 2013 Food Safety Award of Excellence Mr. Tony Gray presented the City of Baytown 2013 Food Safety Award of Excellence to Bourbon Street Grill, 6900 Garth Rd; Dairy Queen, 100 S. Alexander; Goose Creek Memorial H.S. Culinary Arts, 6001 E. Wallisville Rd.; and Lamar Elementary Cafeteria, . 816 N. Pruett. d. Present a proclamation designating April 13 -19, 2014, as National Public Safety Telecommunications Week. Public Affairs Coordinator, Ms. Patti Jett presented the agenda item and Mayor DonCarlos presented the proclamation to Mr. Ray Pheris, Communications Coordinator designating April 13 -19, 2014, as National Public Safety Telecommunications Week. e. Present a proclamation designating April 21 -26, 2014, as Community Development Week. Ms. Jett presented the agenda item and Mayor DonCarlos presented the proclamation to Ms. June Tyler, Community Development Block Grant (CDBG) Program Manager and members of the CDBG Advisory Committee designating April 21 -26, 2014, as Community Development Week. 3. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 20 "Businesses" of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article 11 "Credit Access Businesses" to establish registration requirements and credit extension guidelines for credit access businesses. City Manager Leiper presented the agenda item and stated that there was a request that Council take no action at this meeting on this item for thirty days and give an opportunity for the City to work with the State Trade Association and come up with some regulations that will provide consumer safeguard but also eliminate litigation for the City. City Manager Leiper stated that the proposed ordinance amends Chapter 20 "Businesses" of the Code of Ordinances, Baytown, Texas, to add a new article to be numbered and entitled Article II City Council Regular Meeting Minutes April 10, 2014 Page 4 of 16 "Credit Access Businesses" to establish registration requirements and credit extension guidelines for credit access businesses which is essentially, the model ordinance that TML has recommended to municipalities that wish to venture into this realm of regulation with the addition of having new credit access businesses to not be located within 1,000 feet of an existing credit access business. Deborah Reyes and Osjha Domenicone both registered to speak in regards to agenda item 3.a. Ms. Deborah Reyes stated that she is the Director of Governmental Affairs of Advance America and that 97% of their customers are satisfied with their business. She stated that the City of Richardson and the City of Tomball both considered this like amendment but rejected it. She stated that Richardson rejected this ordinance because of their land use ordinance that resulted in no new credit access business coming into their community and Tomball requested staff bring a land use ordinance. Additionally, she requested that the City of Baytown allow the Federal Government to address the regulation concerns and instead of going the route of this ordinance go with the land use zoning ordinance. During further discussion, Council Member McCartney inquired of their average interest on the pay day loan. Ms. Reyes stated that they charge a fee per $100 per loan and for Texas it is $20 per S100. Council Member McCartney inquired about their percentage that is in the financial disclosure statement. Ms. Reyes stated that in 2011 the state legislature passed a law requiring that they provide a certain disclosure statement to the consumers. She stated that the disclosures were provided to them from the state which included information about the cost in dollars and cents to repay a loan, what other options are available to the consumer rather than the type of credit obtaining, pawn lending, borrowing from a traditional banking institution and alike. Ms. Osjha Domenicone stated that she is the Director of Governmental Affairs of Select Management Resources. She stated that they have been in the title lending business for about 24 years and out of 100,000 transactions last year there were only 70 complaints. She stated that the disclosure has already been addressed and are regulated by a regulatory service. She further stated that the proposed ordinance limits how much someone can borrow, it forces them into a higher minimum payment to avoid default, and it reduces the amount of time for repayment. She stated that they've had to lay off employees because of the ordinance where the city passed this ordinance and requested that Council consider whether this ordinance would be beneficial to the customers. During further discussion, City Manager Leiper stated that the City of Baytown is not trying to limit interest or say that there can be no credit access loans, but the city is trying to limit the value of the vehicle or gross income that can be borrowed and that in that repayment period that some of the payment be applied towards the principle. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo to suspend agenda item 3.a. to the second meeting in May. The vote was as follows: City Council Regular Meeting Minutes April 10, 2014 Page 5 of 16 Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Teny Sam, Council Member Chris Presley Nays: None Approved b. Consider an ordinance amending Chapter 42 "Health and Sanitation," Article III "Smoking" of the Code of Ordinances, Baytown, Texas, to prohibit the sale and possession of electronic cigarettes and liquid nicotine by minors and the smoking of electronic cigarettes in public places. City Manager Leiper presented the agenda item and stated that the recommendation is to ban minors from possessing, consuming and purchasing e- cigarettes and liquid nicotine; prohibit self - service merchandising of these products, prohibit the smoking of e- cigarettes in public places, and expand the definition of smoking to include the use of e- cigarettes so that the regulations in place for tobacco products extend to e- cigarettes and liquid nicotine. Marian Sparks, Zach Jones, Jason Seydler and Tommy Smith all registered to speak regarding item 3.b. Ms. Marian Sparks and Mr. Jason Seydler both stated that they were able to stop smoking with the use of electronic cigarettes. Mr. Zach Jones stated that he's the co -owner of Max & Zach's Vapor Shop that recently opened in Baytown. He stated that he started smoking cigarettes at the age of 17 and was smoking about 25 cigarettes a day until about a year ago when he used his first e- cigarette, in which he is now down to, at most, one every other week. He further stated he and his brother Max, who quit smoking by using e- cigarettes, decided to open an e- cigarette shop because they are passionate about helping people switch from tobacco cigarettes to using a healthier alternative, which is the e- cigarette. He stated that although he agrees with the prohibition of buying and selling to minors, he disagrees with the inclusion of e- cigarettes to the smoking ban. He stated that vapor is not a known health risk and may be considered unpleasant in some establishments, but the business owners should have the right to decide how to handle the customer's unpleasant concerns. Mr. Tommy Smith stated that after having a massive heart attack decided to try e- cigarettes and it works for him. He stated that he talked it over with his cardiologist who informed him that the e- cigarette would not harm him. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Brandon Capetillo approving the amendment to prohibit the sale and possession of an electronic cigarette and liquid nicotine by minors and also prohibit the self service merchandise but which City Council Regular Meeting Minutes April 10, 2014 Page 6 of 16 does not expand the definition of smoking in a public place to include an e- cigarette. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sam, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING," SECTION 42 -96 "DEFINITIONS" AND SECTION 42 -102 "WHERE SMOKING NOT REGULATED" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III "SMOKING," TO ADD SECTION 42 -111 "POSSESSION OF ELECTRONIC CIGARETTES, E- CIGARETTES OR LIQUID NICOTINE BY A MINOR"; SECTION 42 -112 "SALE OF ELECTRONIC CIGARETTES, E- CIGARETTES, OR LIQUID NICOTINE TO A MINOR "; SECTION 42 -113 "VENDOR ASSISTED SALES REQUIRED; SELF- SERVICE MERCHANDISING PROHIBITED "; TO PROHIBIT THE POSSESSION AND PURCHASE OF ELECTRONIC CIGARETTES, E- CIGARETTES, AND LIQUID NICOTINE BY MINORS; TO PROHIBIT THE SALE OF ELECTRONIC CIGARETTES, E- CIGARETTES, AND LIQUID NICOTINE TO MINORS; AND TO PROHIBIT SELF - SERVICE MERCHANDISING OF ELECTRONIC CIGARETTES, E- CIGARETTES, AND LIQUID NICOTINE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A CRIMINAL PENALTY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Chapter 380 Economic Development Agreement with KSTX Baytown, LLC. City Manager Leiper presented the agenda item and stated that the Chapter 380 Economic Development Agreement with KSTX Baytown, LLC He stated that under the Agreement, KSTX Baytown is obligated to create and/or retain at least 135 full -time equivalent jobs within one year after a certificate of occupancy has been issued for the Kroger Marketplace; and maintain such jobs through March 1, 2027. He stated that the City will reimburse KSTX Baytown the Incremental Annual Sales Tax Collected up to a maximum amount of $2,500,000, calculated by subtracting the annual sales tax collected at the existing Kroger site from the annual sales tax collected at the Kroger Marketplace. He stated that this applies only to the 1% City Council Regular Meeting Minutes April 10, 2014 Page 7 of 16 general sales tax for the city, so there will be an increase in CCPD, FCPEMSD, and MDD street maintenance sales tax. Patrick Egan, a representative from KSTX, registered to speak regarding agenda item 3.c. to answer questions regarding the project. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,520. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Terri David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 12,520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH KSTX BAYTOWN, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mr. Tom Cottar registered to make a presentation and present to Council gratitude for their support and a Flag of the United States from Congressman Steve Stockman of Congressional District 36. Abdi Niakian registered to speak, but did not specify to what agenda item and was not present to speak at the time allowed to do so. d. Consider an ordinance authorizing a Lease Agreement with Angel Brothers Enterprises, Ltd, concerning the property at 3300 N. Main Street, Baytown, Harris County, Texas. City Manager Leiper presented the agenda item and stated that the lease agreement with Angel Brothers Enterprises, Ltd, concerning the property at 3300 N. Main Street, Baytown, which the City is purchasing for future use as part of our Public Safety Complex has been executed and is exactly as described in the earnest money contract. He stated that the lease is for rent of $16,035 a month for a period of at least 30 months not to exceed 42 months which is paid annually prior City Council Regular Meeting Minutes April 10, 2014 Page 8 of 16 to the start of the year for the first two years and then a six month payment is made from the flexible period of 30 to 42 months. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,521. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO, 12,521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A LEASE AGREEMENT WITH ANGEL BROTHERS ENTERPRISES, LTD, CONCERNING THE PROPERTY LOCATED AT 3300 N. MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS, UPON CLOSING ON SUCH PROPERTY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an earnest money contract with Leo and Maria Sanchez for the purchase of 620 N. Main Street, Baytown, Harris County, Texas. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,522 authorizes an earnest money contract for $84,196 with Leo and Maria Sanchez for the purchase of 620 N. Main Street, Baytown, Harris County, Texas. He stated that this property will be used for municipal purposes and is desired to further a contemplated quiet zone. A motion was made by Council Member Chris Presley and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,522. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 10, 2014 Page 9 of 16 ORDINANCE NO. 12,522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EARNEST MONEY AGREEMENT WITH LEO AND MARIA SANCHEZ FOR THE PURCHASE OF 620 N. MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN AN AMOUNT NOT TO EXCEED EIGHTY -FOUR THOUSAND ONE HUNDRED NINETY -SIX AND NO /100 DOLLARS ($84,196.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. CONSENT A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David McCartney approving the consent agenda item 4.a. through 4.g. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved a. Consider an ordinance awarding a construction contract to JC Stonewall Constructors, LP, for the Civic Center Window Replacement Project. ORDINANCE NO. 12,523 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH JC STONEWALL CONSTRUCTORS, LP, FOR THE CIVIC CENTER WINDOW REPLACEMENT PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED TWENTY -ONE THOUSAND SEVEN HUNDRED AND NO 1100 DOLLARS ($121,700.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 10, 2014 Page 10 of 16 b. Consider an ordinance awarding the Annual Large Meter Testing of Neptune Meters Contract to Southern Flowmeter, Inc. ORDINANCE NO. 12,524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SOUTHERN FLOWMETER, INC., FOR THE ANNUAL LARGE METER TESTING OF NEPTUNE METERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FORTY -SEVEN THOUSAND TWO HUNDRED NINETY AND NO /100 DOLLARS ($47,290.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Annual Thermo Pavement Markings Contract with Stripes and Stops Company, Inc. ORDINANCE NO. 12,525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH STRIPES AND STOPS COMPANY, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 62 "Natural Resources" of the Code of Ordinance, Baytown, Texas, by adding Article I "Geophysical/Seismic Testing" to codify the City's existing seismic testing permitting requirements. ORDINANCE NO. 12,526 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 62 "NATURAL RESOURCES" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE NUMBERED AND ENTITLED ARTICLE I "GEOPHYSICAL/SEISMIC TESTING" TO REGULATE SEISMIC TESTING; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. C. Consider a resolution authorizing the City to accept a grant award from the Houston Ship Channel Security District on behalf of the Police and Fire Departments. City Council Regular Meeting Minutes April 10, 2014 Page 11 of 16 RESOLUTION NO. 2304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD FROM THE HOUSTON SHIP CHANNEL SECURITY DISTRICT (HSCSD) ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT AND THE BAYTOWN POLICE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF THIRTY -SIX THOUSAND AND NO /100 DOLLARS ($36,000.00); AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a resolution authorizing the City to submit an application to the Houston - Galveston Area Council's FY2015 Solid Waste Grants Program on behalf of the Public Works Department. RESOLUTION NO. 2305 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE HOUSTON- GALVESTON AREA COUNCIL FOR THE FY2015 H -GAC SOLID WASTE GRANTS PROGRAM ON BEHALF OF THE PUBLIC WORKS DEPARTMENT; AUTHORIZING AN IN -KIND MATCH; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution authorizing the City of Baytown to apply to the Office of National Drug Control Policy for a 2014 grant for the Houston High Intensity Drug Trafficking Area Program. RESOLUTION NO. 2306 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2014 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE AMOUNT OF ONE MILLION ONE HUNDRED SEVENTY -EIGHT THOUSAND THREE HUNDRED SIXTY -EIGHT AND NO /100 DOLLARS ($1,178,368.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 10, 2014 Page 12 of 16 5. APPOINTMENTS a. Consider confirming the City Manager's appointment of a Planning and Development Services Director. City Manager Leiper presented the agenda item to consider the appointment of Tiffany Foster, AICP m the new Director of Planning and Development Services. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving the City Manager's appointment of Tiffany Foster as the new Director of Planning and Development Services. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved b. Consider two (2) appointments to the Baytown Crime Control and Prevention District. City Manager Leiper presented the agenda item to consider the appointments of Mr. Chris Navarre and Mr. Randy Strong to the Baytown Crime Control and Prevention District. He stated that Mayor DonCarlos nominated Mr. Chris Navarre for the Mayor at Large appointment to complete Ms. Wallace's unexpired term that is set to expire on August 31, 2015, and Council Member Sain nominated Mr. Randy Strong for the District Number Four appointment to complete Mr. Brian Montgomery's unexpired term that is set to expire on August 31, 2015. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the appointments of Mr. Chris Navarre and Mr. Randy Strong to the Baytown Crime Control and Prevention District. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 10, 2014 Page 13 of 16 Consider three (3) appointments to the Baytown Ethics Commission. City Manager Leiper presented the agenda item to consider the reappointments of Rev. Michael Proctor, Saint Mark's United Methodist Church and Rev. Tommy Clements, Second Baptist Church to the Baytown Ethics Commission. He stated that Pastor Carol C. Turner, of Cedar Bayou Grace United Methodist Church tenured her resignation on June 13, 2013, and the Baytown Area Ministerial Alliance submitted their nomination for Rev. Nancy Simpson, from St. Paul's' Lutheran Church to be appointed as her replacement. If reappointed their term would commence immediately and expire on March 11, 2017. A motion was made by Mayor Pro Tern David McCartney and seconded by Council Member Brandon Capetillo approving the appointments of Rev. Michael Proctor, Rev. Tommy Clements, and Rev. Nancy Simpson to the Baytown Ethics Commission. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tom David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved d. Consider the Mayor's three (3) appointments to the Baytown Housing Authority Board. City Manager Leiper presented the agenda item to consider the Mayor's three appointments of Mr. Fred Aguilar, Mr. Jim Giroir, and Ms. Fran Parent to the Baytown Housing Authority Board. If appointed their term would expire on March 31, 2016. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the Mayor's appointments of Mr. Fred Aguilar, Mr. Jim Giroir, and Ms. Fran Parent to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tern David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 10, 2014 Page 14 of 16 6. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of legal counsel on legal matters concerning Goose Creek Towing's appeal of the Tow Truck Committee's decision of March 11, 2014. At 8:07 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.071 of the Texas Govemment Code to seek the advice of legal counsel on legal matters concerning Goose Creek Towing's appeal of the Tow Truck Committee's decision of March 11, 2014. At 8:27 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings Act, no action was taken in the Executive Session. 7. APPEALS a. Conduct an appeal hearing concerning the decision of the Taw Truck Committee ordering the revocation of Goose Creek Towing's 2013 -14 Tow Truck Permit for alleged violations of (i) Chapter 102, Article III of the Code of Ordinances and (ii) its Tow Agreement with the City of Baytown. At 8:28 P.M., Mayor DonCarlos conducted an appeal hearing concerning the decision of the Tow Truck Committee ordering the revocation of Goose Creek Towing's 2013 -14 Tow Truck Permit for alleged violations of (i) Chapter 102, Article III of the Code of Ordinances and (ii) its Tow Agreement with the City of Baytown. Mr. Hammers' Attorney stated that they were prepared to suspend the appeal hearing to implement the previous negotiated settlement with the City of Baytown. City Manager Leiper stated that staff recommends that the appeal be closed and consider the settlement in the action item. Mayor DonCarlos closed the appeal hearing at 8:29 P.M. b. Consider affirming, reversing or modifying the decision of the Tow Truck Committee ordering the revocation of Goose Creek Towing's 2013 -14 Tow Truck Permit for alleged violations of (i) Chapter 102, Article III of the Code of Ordinances and (ii) its Tow Agreement with the City of Baytown. City Manager Leiper presented the agenda item and stated that Mr. Hammers agreed to the following settlement: a thirty day suspension applied to all seven of Mr. Hammers companies followed by a 71 day suspension of two (2) companies, followed by a 72 day suspension of three (3) companies, for a total suspension in total or part until September, pay a civil penalty of $500, and reimburse the complainant who initiated this action in the amount of $2,011.38. He stated that Mr. Hammers agreed that the settlement is not an admittance of liability of wrong doing on City Council Regular Meeting Minutes April 10, 2014 Page 15 of 16 their part; however the Tow Truck Committee and the City Council can refer to this settlement as a violation in any future administrative hearings. Mr. Jerry Yarborough registered to speak regarding agenda item 7.b. He presented copies for Council regarding TDLR violations regarding Mr. Hammers from 2011 and 2012, which included fines by TDLR. A motion was made by Council Member Mercedes Renteria 111 and seconded by Council Member Brandon Capetillo approving to modify the decision of the Tow Truck Committee to reflect that of the settlement agreement. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved !:� 171:6` /:Cl1 a17kY t7 a1 IZU ti I a. The Relay For Life Event will take place from Friday, April 1 1, 2014, to Saturday, April 12, 2014, from 6:00 P.M. to 12:30 A.M., at the Royal Purple Raceway, located at 2525 S. FM 565, Baytown, Texas. City Manager Leiper presented the agenda item and stated that the Relay For Life Event will take place from Friday, April 11, 2014, to Saturday, April 12, 2014, from 6:00 P.M. to 12:30 A.M., at the Royal Purple Raceway, located at 2525 S. FM 565, Baytown, Texas. Additionally, he stated that the work session for April 24th was canceled ADJOURN A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tem David McCartney adjourning the April 10, 2014, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Mayor Pro Tem David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes April 10, 2014 Page 16 of 16 With there being no further business to discuss, Mayor DonCarlos adjourned the April 10, 2014, City Council Regular Meeting at 8:39 P.M. � O Leticia Brysch, City Cle City of Baytown