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2010 06 22 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 22, 2010 The City Council of the City of Baytown, Texas, met in a Special Meeting on Tuesday, June 22, 2010, 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 Lynn Caskey David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Garrison C. Brumback Kevin Troller Ignacio Ramirez Leticia Garza Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the June 22, 2010, City Council Special Meeting with a quorum present at 6:30 P.M. Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Sain. 1. MINUTES a. a. Approve Minutes of the City Council Work Session held on May 27, 2010. Motion was made by Council Member Sain, seconded by Council Member McCartney, approving the minutes from the May 27, 2010, City Council Work Session. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. Page 2 of 15 Minutes of the June 22, 2010 City Council Special Meeting b. Approve Minutes of the City Council Work Session and Regular Meeting held on June 10, 2010. Motion was made by Council Member Sain, seconded by Council Member McCartney, approving the minutes from the June 10, 2010, City Council Work Session and Regular Meeting. The vote was as follows: Ayes: Council Members: Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None Abstained: Council Member: Capetillo The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Years of Service Awards - Human Resources. Deputy City Manager, Robert Leiper, presented the agenda item and recognized City of Baytown employees for their years of service (5, 10, 15 plus years). 10 YEAR: Suzanne McDonald, Police Detention Officer 15 YEAR: Ronald Mullen, Utilities Crew Chief - Wastewater Treatment b. Employee and Team of the Month - Human Resources. City Manager, Garry Brumback, presented the agenda item and recognized the May employee of the month to Drew Potts from the Purchasing and Warehouse Division in the Finance Department. He also presented the team of the month to Alisha Brinsfield from the City Clerk Department and Harold Cheek from the Planning Department. 3. PROPOSED ORDINANCES a. Second Reading of Ordinance Disannexing Portions of Rhodia Inc. - Administration. City Manager, Garry Brumback, presented the agenda item and stated that Ordinance No. 11,339 is the second reading of the disannexation of portions of Rhodia Inc., which are located within the incorporated limits of the City of Baytown. City Council conducted the first and second public hearings for this disannexation on March 25, 2010, with said Page 3 of 15 Minutes of the June 22, 2010 City Council Special Meeting notice posted on the City of Baytown website and notice board on March 11, 2010, and published in the Baytown Sun on March 12, 2010. The first reading of this ordinance occurred at the April 22nd City Council Meeting and published in the Baytown Sun on April 27, 2010. Rhodia's Industrial District Agreement (IDA) will be renewed this year and will identify the entire site as in the industrial district with no credit for ad valorem taxes paid. This disannexation will have no net impact on the IDA payments received. Motion was made by Council Member Sain, seconded by Council Member McCartney, approving Ordinance No. 11,339. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria. Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF PORTIONS OF RHODIA, INC.'S BAYTOWN COMPLEX, WHICH ARE LOCATED WHOLLY OR PARTIALLY WITHIN THE INCORPORATED LIMITS OF THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR INDUSTRIAL DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Designating Additional Properties to be Included in Industrial District No. - Administration. City Manager, Garry Brumback, presented the agenda item and stated that Ordinance No. 11,380 designates those portions of Rhodia's Baytown Complex, recently disannexed by the City, as industrial district property and incorporates the same into Industrial District No. 1. Motion was made by Council Member Sain, seconded by Council Member Sheley, approving Ordinance No. 11,380. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria. Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. Page 4 of 15 Minutes of the June 22, 2010 City Council Special Meeting ORDINANCE NO. 11,380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING A PART OF THE AREA LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION BE INCLUDED AS PART OF BAYTOWN INDUSTRIAL DISTRICT NO. 1; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Professional Services for Bayland Marina - Engineering. City Manager, Garry Brumback, presented the agenda item and stated that on February 19, 2010, the A &E committee selected Moffatt & Nichol to provide design services for the Bayland Marina Reconstruction Project. Ordinance No. 11,381 authorizes the professional services contract for design services in an amount not to exceed $336,775.00. This project is funded through the Federal Emergency Management Agency (FEMA) grant program. This project supports the City of Baytown's "Development and Redevelopment" vision to "Redevelop key areas" and "Creating a Community we can all be proud of vision by "Redeveloping our waterfront." Motion was made by Council Member Renteria, seconded by Council Member Capetillo, approving Ordinance No. 11,381. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria. Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,381 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 THE PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL FOR ENGINEERING SERVICES FOR THE DESIGN OF THE BAYLAND MARINA RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY -SIX THOUSAND SEVEN HUNDRED SEVENTY -FIVE AND NO /100 DOLLARS ($336,775.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 15 Minutes of the June 22, 2010 City Council Special Meeting d. Advertising Agreement with Love INC. of Baytown for a Celebration of Love! and Related Variances - Administration. City Manager, Garry Brumback, presented the agenda item and stated that Ordinance No. 11,382 authorizes an agreement for funding up to $10,000 of hotel occupancy tax revenues with Love Inc., of Baytown for advertising services for a Christian Music Festival titled the Celebration of Love!, to be held on August 28, 2010, at Bicentennial Park and grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such events; and exempts the event from the application of the City's Peddlers and Solicitors Ordinance. Ordinance No. 11,382 grants to Love Inc., a variance to Section 42- 286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42- 286(e) is necessary for the event to occur at Bicentennial Park. This item supports the City's vision of promoting tourism and the convention and hotel industry by advertising and conducting programs to attract tourists and convention delegates or registrants to the City or its vicinity. Motion was made by Council Member Sheley, seconded by Council Member Caskey approving Ordinance No. 11,382. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria. Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,382 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 AGREEMENT FOR ADVERTISING SERVICES WITH LOVE INC., OF BAYTOWN FOR ITS CELEBRATION OF LOVE! TO BE HELD ON AUGUST 28, 2010, AT BICENTENNIAL PARK; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO /100 DOLLARS ($10,000.00); GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V "LIVE OUTDOOR EXHIBITIONS," SECTION 42 -286 "PERMIT REQUIRED" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR LOVE INC., OF BAYTOWN'S CELEBRATION OF LOVE! CONTINGENT UPON THE FILING OF Page 6 of 15 Minutes of the June 22, 2010 City Council Special Meeting THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT LOVE INC., OF BAYTOWN'S CELEBRATION OF LOVE! FROM THE PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Changing Community Development Block Grant Budget for Pass Then Play at Pirates Bay Program - Planning and Development Services. City Manager, Garry Brumback, presented the agenda item and stated that Ordinance No. 11,383 changes the FY2009 Community Development Block Grant (CDBG) budget to fund the Pass Then Play at Pirates Bay Program ( "Program "). Adding the Program to the existing CDBG budget constitutes a substantial amendment to the approved CDBG Action Plan and Budget. Such a substantial amendment requires a 30 day public comment period and approval by HUD prior to expanding funds. A public notice was posted in the Baytown Sun and on the City's website on May 17, 2010, which began the 30 day comment period. During that time, the Program guidelines were reviewed by the Community Development Advisory Committee (CDAC). On June 15, the CDAC voted to recommend the Program to Council for approval. There have been no public comments received. The proposed Program budget will be $2,500 to fund the following: life guard staff for safety training, 2 Pirates Bay season passes, 4 Pirates Bay one -day passes for 30 participants, printing, advertising, and postage. The New Horizon Family Center, who currently receives CDBG funds, has reported that they will have $2,500 remaining from their current budget allocation. Ordinance No. 11,383 approves a substantial amendment to the FY2009 CDBG budget to transfer $2,500 from the New Horizon Family Center's allocation to fund the Pass Then Play at Pirates Bay Program. Motion was made by Council Member McCartney, seconded by Council Member Capetillo, approving Ordinance No. 11,383. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria. Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 11,383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING A CHANGE IN THE CITY OF BAYTOWN'S FISCAL YEAR 2009 -2010 BUDGET FOR MUNICIPAL Page 7 of 15 Minutes of the June 22, 2010 City Council Special Meeting PURPOSES IN ORDER TO REPROGRAM FUNDS IN THE COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE PASS THEN PLAY AT PIRATES BAY PROGRAM; MAKING OTHER REPRESENTATIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Pass Then Play at Pirates Bay Program - Planning and Development Services. City Manager, Garry Brumback, presented the agenda item and stated that Resolution No. 2070 adopts guidelines to create the "Pass Then Play" at Pirates Bay Program (the "Program "). The goal of the Program is to promote water safety and to reward youth for acceptable behavior and maintaining the grades necessary for promotion to the next grade level. The Program will provide recreation options and water safety training for low - income youth at the Pirates Bay Waterpark ( "Pirates Bay "). The City of Baytown will grant up to thirty (30) eligible youth four (4) one -day passes to Pirates Bay. The Program will also provide a mandatory water safety training course. This is a limited pilot program to be conducted during the 2009 -2010 Community Development Block Grant (CDBG) Fiscal Year. If successful, the Program will be redesigned next year in cooperation with either the school district or an area non - profit agency. Program eligibility is based on the applicant's household income, age, passing grades, satisfactory conduct, and residency within the city limits. Applicants may submit an optional 500 to 600 word essay with their application explaining the importance of water safety for a chance to receive a complimentary season pass to Pirates Bay. The essays will be evaluated and scored in two age categories. The applicant receiving the highest score in each age category will be granted a season pass, in addition to the four (4) one -day passes. The essays are optional and not required to participate in the Program. The timeline to begin the Program is contingent on approval from HUD. Motion was made by Council Member McCartney seconded by Council Member Renteria, approving Resolution No. 2070. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING GUIDELINES CONCERNING THE Page 8 of 15 Minutes of the June 22, 2010 City Council Special Meeting PASS THEN PLAY AT PIRATES BAY PROGRAM; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Grant Application: FY2010 Edward Byrne Memorial JAG Grant: Local Solicitation. City Manager, Garry Brumback, presented the agenda item and stated that Resolution No. 2071 authorizes the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ( "JAG ") Program, FY 2010 Local Solicitation on behalf of the Baytown Police Department. The JAG Program is the primary provider of Federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system, from multi jurisdictional drug and gang task forces, to crime prevention and domestic violence programs, courts and corrections, as well as treatment and justice information sharing initiatives. If approved, the City will receive $37,101 for computerized firearms training, and dedicated overtime for Police Department personnel. The use of these funds corresponds with our vision to be a community that places a high premium on the safety of its citizens through effective law enforcement programs. Motion was made by Council Member Sain seconded by Council Member Renteria, approving Resolution No. 2071. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE AN APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ( "JAG ") PROGRAM, FY 2010 LOCAL SOLICITATION IN THE AMOUNT OF THIRTY - SEVEN THOUSAND ONE HUNDRED ONE AND NO /100 DOLLARS ($37,101.00); 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. Page 9 of 15 Minutes of the June 22, 2010 City Council Special Meeting C. City of Baytown Investment Policy - Finance. City Manager, Garry Brumback, presented the agenda item and stated that Resolution No. 2072 adopts the City of Baytown's Investment Policy and Investment Strategy in compliance with the Public Funds Investment Act Section 2256 -005 (e) & 2256 -005 (f). The changes to the policy are as follows: Authorized Investment Officials and the Statement of Ethics and Conflicts of Interest with the names of the new authorized investment officials: • Cynthia Pearson, City of Baytown Director of Finance • Margie Grimes, City of Baytown Assistant Director of Finance • Genie Ginzel, City of Baytown Treasurer Motion was made by Council Member McCartney seconded by Council Member Sheley, approving Resolution No. 2072. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; DESIGNATING AN INVESTMENT OFFICER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Advanced Funding for a Year -Four Project of the 2007 Bond Program — Finance. City Manager, Garry Brumback, presented the agenda item and stated that Resolution No. 2073 authorizes advanced funding as needed for construction costs associated with Aquatics Improvements for year four (FY 2010 -11) of the 2007 voter approved bond program. It is anticipated the City will issue the General Obligation Bonds in 2011 for the NC Foote Aquatics Improvements for $3,100,000. The IRS regulations dictate the Council declares its official intent to reimburse prior expenditures with proceeds of subsequent borrowing. The advanced funding would only be invoked if the City entered into a contract on this project prior to the issuance of the bonds. Page 10 of 15 Minutes of the June 22, 2010 City Council Special Meeting Motion was made by Council Member Renteria seconded by Council Member McCartney, approving Resolution No. 2073. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, McCartney, Renteria, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 2073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT City Manager, Garry Brumback, requested to table item 5.e. to July 8'h Motion was made by Council Member Sheley, seconded by Council Member Caskey, approving Consent Items: 5.a., 5.b., 5.c., 5.d., and 51. The vote was as follows: Ayes: Council Members: Capetillo, Caskey, Renteria, McCartney, Sain, Sheley and Mayor DonCarlos Nays: None The motion carried. a. Ordinance No. 11,384: Annual Cleanup and Mowing Contract Renewal - Health and EMS. Ordinance No. 11,384 awards the second renewal of the Annual Cleanup and Mowing Contract for the Health Department in the amount of $150,000 to McLemore Building Maintenance, Inc., and Niederhofer Enterprises, Inc. Both contractors submitted written requests to renew the current contract for the same pricing, terms and conditions for another term. This contract is used by the Health Department for vacant lot mowing and illegal dump -site cleanup. Due to the sporadic nature and enormous work orders necessary to be processed during peak season, more than one contractor is required to perform mowing services. The contract has fixed rates and includes disposal reimbursement for illegal cleanup to the Page 11 of 15 Minutes of the June 22, 2010 City Council Special Meeting contract. The availability of contractors to perform this type of service has been lean throughout the years; however, the Health Department is now encouraged by the current mowing contractors that have accepted the rates, terms and conditions of the City's Cleanup and Mowing Contract. The amount of award is an estimated amount and allows for renewals with future consumer price index increases if requested by contractors. Both contractors provide excellent mowing services. This renewal supports the City of Baytown's vision of "Creating a Community we can all be proud of by providing the necessary contract ability to properly maintain non - compliant properties within the City. ORDINANCE NO. 11,384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 11,385: Annual Concrete Work Contract - Public Works. Ordinance No. 11,385 awards the Annual Concrete Work Contract to Teamwork Construction Services, Inc., in the amount of $1,000,000. Invitations to bid were sent to eight (8) contractors. All eight contractors attended a mandatory pre -bid conference. Six contractors submitted bids. The contract is used for streets, sidewalks & curbs, etc., throughout the term of the contract. It is anticipated that the majority of the work will be eligible for use of the Street Maintenance Sales Tax. Teamwork has a history of providing excellent services for the last five years. This item supports the City's infrastructure and maintenance improvement vision by improving the road network and mobility. ORDINANCE NO. 11,385 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION AND NO 1100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 15 Minutes of the June 22, 2010 City Council Special Meeting C. Ordinance No. 11,386: Annual Demolition of Residential Structures Contract Renewal - Planning and Development Services. Ordinance No. 11,386 awards the second renewal of the Annual Demolition of Residential Structures Contract to J.T.B. Services, Inc., in the amount of $200,000. J.T.B. Services submitted a written request to renew the current contract for the same pricing, terms and conditions. This contract does not include any commercial demolition. The Planning and Development Services Department, Community Development Division, will oversee all demolition of residential structures for the City. A minimum work order of 5,000 square feet will be packaged for the contractor to perform demolition services. The 5,000 square feet represents approximately 5 residential structures. The City will pay an "adder fee" in addition to square footage costs for any demolition package less than 5,000 square feet that the City requires on an emergency basis. J.T.B. Services continues to provide excellent service. ORDINANCE NO. 11,386 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES CONTRACT WITH J.T.B. SERVICES, INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance No. 11,387: Purchase of Ford Vehicles for Police Department - Police. Ordinance No. 11,387 authorizes the purchase of two (2) 2010 Ford Police Interceptors and one (1) 2010 Ford F -150 Supercab Pickup from Philpott Motors, Ltd., through the Houston Galveston Area Council (H -GAC), for a total amount of $68,875.58. The H- GAC fee of $600.00 is assessed per purchase order and is included in the total cost. These vehicles will be funded using Child Safety Funds; and are described in detail in the attached spreadsheet. This item supports the City of Baytown vision to provide great public safety. ORDINANCE NO. 11,387 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY - EIGHT THOUSAND EIGHT HUNDRED SEVENTY -FIVE AND 58/100 DOLLARS ($68,875.58) TO PHILPOTT MOTORS, LTD., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO (2) 2010 FORD POLICE INTERCEPTORS AND Page 13 of 15 Minutes of the June 22, 2010 City Council Special Meeting ONE (1) 2010 FORD F -150 SUPERCAB PICKUP FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Ordinance: Annual Gasoline and Diesel Fuel Contract Renewal - Finance. This proposed ordinance awards the renewal of the Annual Gasoline and Diesel Fuel Contract to Oil Products Distribution, Ltd., in the amount of $2,039,413.59. Oil Products Distribution, Inc., submitted a written request to exercise their renewal option for another term for the same profit margin. The original awarded contract amount is $1,631,530.87. The new award total includes the same awarded amount as last year inclusive of a 25% increase to the original contract to allow for the volatile pricing in the market. The price per gallon of fuel is based on the daily Oil Publication Information Sheet (OPIS) price per gallon delivered utilizing Houston area rack prices. The fuel costs on Thursday June 17th were: • Regular Unleaded $2.1211 /gallon • Diesel $2.1900 /gallon • Tax is $0.20 /gallon on both fuels Currently, the City's contract is for flat OPIS ( +or -zero) profit margin. If the City were to go out for bid rather than renew, the OPIS profit margin would most likely be plus OPIS which would increase fuel costs considerably. The market for fuel is volatile and freight costs for fuel transport have increased considerably since initiation of this contract. This contract includes all taxes and environment fees for all entities (City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and City of Seabrook) are included in the Interlocal Contract for fuel. The City of Baytown's portion of this contract is $1,070,598.37. There is no guarantee which direction the market will go, however, it would be in the best interest of the City of Baytown to maintain the flat OPIS profit margin. The City of Baytown may terminate this contract with proper notice at any time and go out for bid. This item supports the City's "economic and financial health" vision statement. f. Resolution No. 2074: 2010 Houston High Intensity Drug Trafficking Area (HIDTA) Grant - Finance. Resolution No. 2074 authorizes the City of Baytown to apply to the Office of National Drug Control Policy (ONDCP) for a 2010 grant for the Houston High Intensity Drug Trafficking Area (HIDTA) Program and authorizes the City Manager to take all actions necessary to implement the grant. Page 14 of 15 Minutes of the June 22, 2010 City Council Special Meeting On August 13, 2009, Council approved an application for a grant from the ONDCP in connection with the HIDTA Program for 2009. This agreement is substantially the same as the agreement currently in effect. This proposed grant totals $1,049,422.00 for program administrative costs plus allowable indirect costs to the City of Baytown. The Police Department is acting as the Agent for this federal project. The Deputy Coordinator provides oversight of the Houston HIDTA funded initiatives and travels to other HIDTA(s) to review their administrative procedures in order to provide guidance for developing effective procedures for the Houston HIDTA. Funds are available through the Office of National Drug Control Policy. This program will be funded 100% by the Federal Government and matching City funds are not required. This will be the sixteenth (16) year of the program and it supports the City's "economic and financial health" vision statement. ORDINANCE NO. 2074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2010 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICING AREA PROGRAM IN THE AMOUNT OF ONE MILLION FORTY -NINE THOUSAND FOUR HUNDRED TWENTY -TWO AND NO 1100 DOLLARS ($1,049,422.00); 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. 6. MANAGER'S REPORT a. Pirates Bay Waterpark Grand Opening - Parks and Recreation. City Manager, Garry Brumback, presented the agenda item and stated that The Pirates Bay Water Park will open for the summer at 11 AM on Wednesday, June 23`d and will be open 7 days a week from 11 AM to 7 PM through August. b. July 3rd and 4 1 Celebration - Parks and Recreation. City Manager, Garry Brumback, presented the agenda item and stated that the headliners for this year are: July 3`d, the Madigan Band and July 4`h, Joe Nicholls. Page 15 of 15 Minutes of the June 22, 2010 City Council Special Meeting 7. ADJOURN With no further action, Mayor DonCarlos adjourned the City Council Special Meeting of June 22, 2010 at 7:05 P.M.