2015 06 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
June 25, 2015
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, June
25, 2015, at 6:32 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
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos Mayor
Ron Bottoms
Acting City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the June 25, 2015, City Council Regular Meeting with a quorum
present at 6:32 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Sain.
1. MINUTES
Mayor DonCarlos stated that both agenda items La. and Lb. would be considered together.
a. Consider approving the minutes of the City Council Regular Meeting held on May
28, 2015.
b. Consider approving the minutes of the City Council Regular Meeting held on June
11, 2015.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving the May 28, 2015, and June 11, 2015, City Council Regular Meeting
minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
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June 25, 2015
Page 2 of 14
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
Mayor DonCarlos stated that the agenda would be taken out of order and Mr. Xavier Herrera of
the Hams County Clerk's Office would make a presentation.
Mr. Herrera stated that he's the Legislative and Special Projects Coordinator for the Harris
County Clerk's Office and presented contact information to the council members to use for future
references relating matters or concerns of the court system for the district clerk's office.
a. Mr. Alejandro S. Arismendez requested to appear before the Council in regards to
safety concerns from Impact students crossing Lee College Drive to Lee College.
Mr. Arismendez presented the agenda item and stated that he's concerned about the safety of the
students that will be walking from the Impact High School facility to Lee College and crossing
Lee Drive. He stated that he spoke with the City's traffic engineer and they discussed various
options regarding this concern. He further stated that he wanted to make Council aware of this
concern in an effort to receive joint assistance from the school board, Lee College and the City of
Baytown to develop a plan that will address this issue.
Mayor DonCarlos requested that Acting City Manager Bottoms to speak with Mr. Randy
O'Brien and Dr. Brown regarding this matter.
b. Ms. Daryl R. James requested to appear before the Council in regards to a proposal
for the Baytown Police Department to host training and education for children on
both proper and improper ways to interact with law enforcement.
Ms. James presented the agenda item and stated that she represented the Cedar Bayou Legacy
Day Committee. She stated that members of the committee have taken initiatives to promote
police patrol in Lincoln Cedars by various activities that included the collaborative efforts of the
Baytown Police Department and the Lincoln Cedar Community. She stated that they are
proposing that the Baytown Police Department go to the elementary schools annually just as the
fire department does. She also stated that they recommended that the Goose Creek Consolidated
Independence School District and the Baytown Police Department worked together to conduct
training and educate the young adults on individuals responsibility to comply with the directive
from a law enforcement official, as well as, make them aware of their rights when interacting
with the police.
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June 25, 2015
Page 3 of 14
Police Chief Dougherty stated that they are currently working with the GCCISD police and have
information in the curriculums of the elementary and junior schools. He further stated that there's
nothing in the curriculums on the high school level because of the already mandated classroom
education hours and because of such, it would probably be quicker to have some after hour
contacts to get student involvement but that they are working with the school district police in
this regard.
C. Mr. Ray Soffes requested to appear before the Council regarding the financial
effects on small businesses and families that depend on firework sales in the city's ETJ.
Mr. Soffes presented the agenda item and stated that since the extension of the ETJ two of his
fireworks stands on Cedar Bayou Lynchburg Road were forced to close down in which he will
have a financial impact of a $40,000 - $50,000 loss. He stated that he was notified tens day prior
to June 24th that he wasn't allowed to sell fireworks because the ETJ had been extended and this
will have a devastating impact financially on his business, as well as, his business partners.
Mayor DonCarlos stated that agenda item 3.a. is related to this topic which will address this
concern and because of a state law will be changed back to the city limit line.
d. Present a proclamation designating June as Scleroderma Awareness Month in
Baytown.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to Karen Padgett a proclamation designating June as Scleroderma Awareness Month in Baytown.
e. Recognize and receive GFOA's Distinguished Budget Presentation Award for the
Fiscal Year 2014 -15 Budget Document.
Ms. Jett presented the certificate to Louise Richman, Director of Finance, and recognized the
entire Finance Department for their commitment to fiscal excellence and transparency. She
stated that this is the 21st consecutive year the City of Baytown has received this honor which
is the highest award in governmental budgeting and is presented to those whose budgets are
judged to adhere to program standards.
f. Present the 3rd and 4th of July Celebration schedule and entertainment for 2015.
Director of Parks and Recreation, Mr. Scott Johnson presented the agenda item and stated that
this year's 3rd and 4th of July Celebration event will begin at 6:00 P.M., Friday, July 3rd,
with Houston area band "Gary- Michael Dahl" followed by "38 Special" at 8:00 P.M. He stated
that on July 4th, the day will start at 7:00 A.M., with the 26th annual Baytown Bud Heatwave 5
Mile Run followed by the local musician "The Texas Avenue Band" who will kick off the
entertainment at 4:30 P.M., followed by the parade at 5:30 P.M., then "Hill Country
Jane" taking the stage following the parade at 6:00 P.M., with the traditional July 4th
Ceremonies at 7:45 P.M., and this year's Headliner, country music star Clay Walker to take the
stage at 8:00 P.M., concluded by the Annual Fireworks Extravaganza at 9:30 P.M.
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June 25, 2015
Page 4 of 14
g. Recognize City of Baytown Employee's for their years of service (5, 10, 15, plus
years).
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown Employee's for their years of service (5, 10, 15, plus years).
5 Years
Brandon Carver - Mechanic - Fire
Nicholas Woolery - Interim Director - Public Works
20 Years
Norman Anderson - Patrol Officer - Police
Mayor DonCarlos recommended that the agenda be taken out of order to consider agenda item
10.b. followed by agenda items l La. and l l.b.
10.b. Recess into and conduct an executive session pursuant to Section 551.087 of the
Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect that the City seeks to have locate, stay, or expand in or near the City and
with which the governmental body is conducting economic development negotiations.
At 7:07 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Section 551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect that the City seeks to have locate, stay or expand in or near the
City and with which the governmental body is conducting economic development negotiations.
At 7:17 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.
11. ECONOMIC DEVELOPMENT AGREEMENTS
a. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for funding of a development project.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,881. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem. Chris Presley
Nays: None
Approved
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June 25, 2015
Page 5 of 14
ORDINANCE NO. 12,881
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 INTERLOCAL AGREEMENT WITH THE
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A
DEVELOPMENT PROJECT LOCATED AT 1800 N. ALEXANDER DRIVE,
BAYTOWN, HARRIS COUNTY, TEXS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a Chapter 380 Agreement for an economic
development project.
Mayor DonCarlos stated that this Chapter 380 Agreement is for the construction of a new Kroger
grocery store on Alexander Drive. He stated that this will replace the current Kroger store
located on Ward Road and Alexander Drive and be built on property that the City acquired. He
further stated that the intent is to have final approval from the Kroger Capital Committee in July
with possibly construction to start at the first of next year.
Kroger representatives Ted Lowe and Russell Cowart were present to answer any questions.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,882. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,882
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 THE KROGER CO.,
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN AS
AUTHORIZED IN SAID AGREEMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
The agenda was returned to regular order beginning with agenda item 3.a.
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June 25, 2015
Page 6 of 14
3.
a. Consider an ordinance amending Chapter 38 "Fire Prevention and Protection,"
Article VI "Explosives, Fireworks and Pyrotechnics," Division 2 "Offenses," Section 38 -192
"Sale, Storage, possession or distribution prohibited" of the Code of Ordinances, Baytown,
Texas, to prohibit the sale of fireworks only in the city limits of the City of Baytown.
Fire Chief Short Blake presented the agenda item and stated that the previous ordinance that was
passed regarding this agenda item included prohibiting the sale of fireworks 5,000 feet outside
the city limits of Baytown. He stated that the Governor signed a bill that does not allow for the
City to do so and that the City can only limit the sale of fireworks within the city limits of
Baytown. He further stated that Ordinance 12,883 is to prohibit the sale of fireworks only in the
city limits of the City of Baytown.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,883. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,883
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 38 "FIRE PREVENTION AND
PROTECTION," ARTICLE VI "EXPLOSIVES, FIREWORKS AND
PYROTECHNICS," DIVISION 2 "OFFENSES," SECTION 38 -192 "SALE,
STORAGE, POSSESSION OR DISTRIBUTION PROHIBITED" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PROHIBIT THE SALE
OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF
BAYTOWN; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO /100 DOLLARS ($2,000.00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
4. MUNICIPAL ELECTION
a. Consider an ordinance ordering the City of Baytown General Election to be held on
November 03, 2015, for the purpose of electing a Mayor at large.
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June 25, 2015
Page 7 of 14
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,884. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,884
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
3RD DAY OF NOVEMBER, 2015, FOR THE PURPOSE OF A MAYOR OF
THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND MANNER
OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR
AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS;
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. STREET MAINTENANCE SALES TAX SPECIAL ELECTION
a. Consider an ordinance ordering a City of Baytown Special Election to be held on
November 03, 2015, for the purpose of voting for or against a proposition calling for
the continuation of the street maintenance sales tax for another five (5) years.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving Ordinance No. 12,885. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
June 25, 2015
Page S of 14
ORDINANCE NO. 12,885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE San
DAY OF NOVEMBER, 2015, FOR THE PURPOSE OF REAUTHORIZING
THE LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE
RATE OF ONE - FOURTH OF ONE PERCENT TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS;
DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT
BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND
PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
6. CHARTER AMENDMENT SPECIAL ELECTION
a. Discuss and consider possible amendments to the City Charter of the City of
Baytown.
City Attorney, Ignacio Ramirez presented the agenda item and stated that at the Council Meeting
on June 11th, the staff received direction on the proposed amendments from the Charter
Committee, but the one proposed amendment regarding residency needed more discussion. He
stated that the directive from the council was to add some sort of affidavit type document
verifying residency that must be submitted in January of each year.
Mayor DonCarlos stated that he's not in favor of a further certification of residency unless it adds
relevance to the possibility of perjury. He stated that his understanding of Articles 12 of the
Charter is that the language clearly states that it is required that a person must be a resident of the
district and Articles 13 has an additional list of qualifications for a council member that does not
include living in the district but does have a penalty of immediate disqualification if one does not
meet the qualifications; therefore inquired of the City Attorney Ignacio Ramirez of a citizens
recourse if their council member does not meet the qualifications under Article 12 which requires
them to live in the district and refuses to give up the position. In response to Mayor DonCarlos's
inquiry, Mr. Ramirez stated that the citizen could make a complaint through the Attorney
General in which they will investigate and bring a quo warranto proceeding to remove the
individual from office. Mayor DonCarlos further inquired for clarity that the process to remove
an individual from office would be the same whether this item remains as is or if the additional
requirement is added. In response to Mayor DonCarlos's inquiry, Mr. Ramirez stated that the
process would be the same. Mayor DonCarlos further stated and reiterated for clarity that it is
currently a requirement that a council member must reside in their district.
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June 25, 2015
Page 9 of 14
b. Consider an ordinance ordering a City of Baytown Special Election to be held on
November 03, 2015, for the purpose of voting for or against charter amendments.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Brandon Capetillo approving Ordinance No. 12,886. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,886
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3RD
DAY OF NOVEMBER, 2015, FOR THE PURPOSES OF (I) AMENDING
ARTICLE I "INCORPORATION; FORM OF GOVERNMENT; CORPORATE
AND GENERAL POWERS," SECTION 3 "POWERS OF THE CITY,"
SECTION 4 "SPECIAL PROVISION FOR DAMAGE SUITS," AND SECTION
8 "EXTENDING CITY LIMITS UPON PETITION; ARTICLE II "THE
COUNCIL," SECTION 13 "QUALIFICATIONS," SECTION 14
"COMPENSATION OF MEMBERS OF CITY COUNCIL," SECTION 15
"PRESIDING OFFICER; MAYOR" AND SECTION 16 "VACANCIES IN
COUNCIL," SECTION 17 "POWERS," SECTION 24 "APPOINTMENT OF
MUNICIPAL JUDGE," AND SECTION 25 "INDUCTION OF COUNCIL INTO
OFFICE; MEETING OF COUNCIL "; ARTICLE V "THE BUDGET," SECTION
42 "BUDGET A PUBLIC RECORD" AND SECTION 43 "PUBLICATION OF
NOTICE OF PUBLIC HEARING'; ARTICLE VI 'BORROWING FOR
CAPITAL IMPROVEMENTS," SECTION 58 'BOND ORDINANCE; VOTE
REQUIRED'; ARTICLE V "FINANCE ADMINISTRATION," SECTION 73
"SALE OF CITY PROPERTY; PROCEDURE" AND SECTION 74
"PURCHASE PROCEDURE"; ARTICLE VIII "TAX ADMINISTRATION,"
SECTION 87 "TAXES; WHEN DUE AND PAYABLE" AND SECTION 89
"TAX LIENS" ARTICLE IX "NOMINATIONS AND ELECTIONS," SECTION
90 "MUNICIPAL ELECTIONS," SECTION 92 "HOW TO GET NAME ON
BALLOT," SECTION 93 "COUNCIL BALLOTS" AND SECTION 94
"ELECTION OF COUNCILMEN BY MAJORITY "; ARTICLE X
"INITIATIVE, REFERENDUM AND RECALL," SECTION 104
"SUBMISSION OF ELECTORS" AND SECTION Ill 'RECALL
ELECTIONS "; AND ARTICLE XII "GENERAL PROVISIONS," SECTION
126 "PUBLICITY OF RECORDS" AND SECTION 132 "ZONING
ORDINANCES" OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS,
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June 25, 2015
Page 10 of 14
AND (II) REPEALING ARTICLE V "THE BUDGET," SECTION 44 "PUBLIC
HEARING ON BUDGET" AND SECTION 75 "CONTRACTS FOR CITY
IMPROVEMENT "; ARTICLE VIII "TAX ADMINISTRATION," SECTION 81
"DIVISION OF TAXES" AND SECTION 88 "SEIZURE AND SALE OF
PERSONAL PROPERTY" OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS; DESIGNATING THE PLACES AND MANNER OF
HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING
THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY
VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE
POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
7.
a. Consider a resolution adopting the Baytown Mitigation Action Plan of the Harris
County Multi- Hazards Mitigation Plan.
Since 2005, the City of Baytown has been a participant of and signatory to the Harris
County Multi- Hazards Mitigation Plan (Plan).
Emergency Management Coordinator, Mr. Bill Vola presented the agenda item and stated that
Federal Emergency Management Agency (FEMA) requires that the City provide to them every
five (5) years a mitigation plan on how the City will minimize the effects all of the various
threats and hazards to the City of Baytown. He stated that in 2010, the City of Baytown chose to
integrate its Plan with Harris County and other municipalities to do a county wide plan. He stated
that this is the renewal of that county wide plan which includes 54 mitigation action items that
the City of Baytown is proposing in the event a threat happens.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Brandon Capetillo Resolution No. 2362. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tent Chris Presley
Nays: None
Approved
RESOLUTION NO. 2362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE HARRIS COUNTY -WIDE ALL - HAZARD
MITIGATION PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
June 25, 2015
Page 11 of 14
8. CONSENT
Council Member Hoskins recommended that consent agenda item 8.a. be pulled.
A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member
Mercedes Renteria III approving consent agenda items 8.b. and 8.c. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
b. Consider an ordinance authorizing a construction contract with Traf -Tex, Inc., for
the South Road Traffic Signal Project.
ORDINANCE NO. 12,887
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TRAF -TEX, INC., FOR THE SOUTH
ROAD TRAFFIC SIGNAL PROJECT; AUTHORIZING AND DIRECTING
THE ACTING CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TRAF -TEX, INC., FOR THE SOUTH
ROAD TRAFFIC SIGNAL PROJECT; AUTHORIZING PAYMENT NOT TO
EXCEED THE SUM OF TWO HUNDRED SEVENTEEN THOUSAND NINE
HUNDRED SIXTY -NINE AND 50 /100 DOLLARS ($217,969.50); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance granting two new pipeline permits to Chevron Phillips
Chemical Company LP.
ORDINANCE NO. 12,888
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING PIPELINE PERMITS TO CHEVRON PHILLIPS
CHEMICAL COMPANY, LP, TO INSTALL TWO NEW FOUR INCH (4 ")
PIPELINES IN AN EXISTING PIPELINE COORIDOR; ESTABLISHING THE
AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE
DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
June 25, 2015
Page 12 of 14
8.a. Consider an ordinance authorizing the closeout and acceptance of the 2014 Mill &
Overlay Project.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
David McCartney approving consent agenda item 8.a. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain, Mayor Pro Tem Chris Presley
Nays: Council Member Robert C. Hoskins
Approved
ORDINANCE NO. 12,889
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2014 MILL & OVERLAY PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED
SEVENTEEN THOUSAND SIX HUNDRED SEVENTY -FOUR AND 27/100
DOLLARS ($117,674.27) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR
SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
9.
a. Conduct the election of the Baytown City Council Mayor Pro Tem.
Mayor DonCarlos presented the agenda item and stated that the next Council Member for
consideration as Mayor Pro Tem is Council Member Brandon Capetillo, District No. 3.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III approving the electing of Council Member Capetillo as Mayor Pro Tem
for the next term beginning July 01, 2015, and ending on December 31, 2015. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
June 25, 2015
Page 13 of 14
b. Consider two (2) appointments to the Baytown Housing Authority.
City Clerk, Mrs. Leticia Brysch presented the agenda item and stated that Ms. Tiyanna Clark has
requested reappointment; however, Mr. Ledell Johnson does not wish to seek reappointment at
this time so that leaves one (1) vacancy on the Board for the Resident Commissioner position in
which the Baytown Housing Authority submitted the recommendation of Mr. Eugene Roy for
the vacant position.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving the reappointment of Ms. Ledell Johnson and the appointment of Mr.
Eugene Roy to the Baytown Housing Authority. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteri a III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
Mrs. Brysch clarified and stated that Ms. Tiyanna Clark did not wish to seek reappointment and
Mr. Ledell Johnson requested reappointment and that the motion would reflect such.
10.
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding Cause No. 2015- 19384;
Baytown Professional Firefighters Association a City of Baytown, et al., in the 61st Judicial
District Court of Harris County, Texas.
At 7:48 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.071 to seek the advice of the City's attorneys regarding
Cause No. 2015- 19384; Baytown Professional Firefighters Association v. City of Baytown, et al.,
in the 61st Judicial District Court of Harris County, Texas.
At 8:53 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.
Council Member Renteria requested to hear from Mr. Mark Medrano, President of the
Baytown Professional Firefighters Association regarding agenda item 10.a.
Karlis Anderson registered to speak before Council regarding agenda item 10.a. He stated
that Mr. Medrano speaks as a representative of those that are in the association and that many of
the firefighters of Local 1173 are concerned about the effects that the 26 day pay cycle will have.
City Council Regular Meeting Minutes
June 25, 2015
Page 14 of 14
He stated that many of them are having difficulties purchasing homes, vehicles, and obtaining
loans due to the financial institutions computerized systems not being able to calculate the
monthly incomes appropriately. He further stated that saving for their children college funds are
impacted due to similar complications. Additionally, he stated they are not able to participate in
funds that are distributed to dependents for financial support or the luxury of having automatic
bill pay because of the 26 day work cycle.
Mr. Medrano stated that as the President he speaks on behalf of the 144 members of the
association and reiterates what Mr. Anderson previously presented.
Mayor DonCarlos stated that the directive from Council is for the City Manager to meet with the
Union's president and forward a proposal to Council for consideration.
12. MANAGER'S REPORT
Acting City Manager Bottoms stated that a Special Meeting is scheduled for Council, Tuesday,
June 30, 2015 at 5:00 P.M.
13. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins adjourning the June 25, 2015, City Council Regular Meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the June 25,
2015, City Council Regular Meeting at 8:54 P.M.
City of Baytown
