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2015 10 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 22, 2015 The City Council of the City of Baytown, Texas. met in a Regular Meeting on Thursday, October 22, 2015, at 6:11 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown. Texas with the f'ollowfin, in attendance: 1� Brandon Capetillo Robert I loskins David McCartney Chris Presley Mercedes Renteria Terry Sam Stephen H. DonCarlos Council Member Council Member Council Member Council Mciriber Council Member Council Member Mayor Rick Davis City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the October 2", 20 15, City Council Regular Meeting with a quorurn present at 6:31 P.M- all members were present. Pledge of Allegiance. Texas Pledge, and Invocation was led by Council Member Hoskins. 1. AND CITIZEN COMMUNICATIONS a. Mr. Ladd N. Puskus, Vice President of the Cedar Bayou Friends organization requested to appear before the Council to express their appreciation for the City's support for the first annual Cedar Bayou Voyager canoe/kayak event that occurred on Saturday, October 10th, 2015. Mr. Ladd expressed their organization's appreciation for the City's support as it allowed for this event to be well organized and accommodate 60 kayak/canoes, Ile further stated that they look forward to next year. b, Present a Proclamation designating November 2 - 6, 2015, as Municipal Courts Week in Baytown. Public Affairs Coordinator, Ms, Patti Jett presented the agenda item and Mayor DonCarlos presented to the Municipal Court Staffa Proclamation designating November 2 - 6, 2015, as Municipal Courts Week in Baytown City Council Regular Meeting Minutes October 22, 2015 Page 2 of 19 C. Recognize City of Baytown Employees for their years of service (5, 10, 15, plus years). Director of Human Resources, Ms. Carol Flynt presented the agenda item and recognized City of Baytown Employees for their years of service (5, 10, 15, plus years). 5 Years Joey Lopez, HR Specialist Esdras David Fuentes, PW Equipment Operator Sylvia Williams, Senior Pollution Control Technician Abelardo Leal, Mechanic Ervin Jackson, Jail Supervisor 15 Years Theresa Maldonado, Utility Billing Senior Customer Service Representative 25 Years Jesus Favela, PW Drainage Foreman 2. ANNEXATION OF APPROXIMATELY 206.35 ACRES OF LAND a. Conduct the second public hearing concerning the request for the involuntary annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple sites located on the east side of North Main, from the East Freeway to Wallisville Road, and the right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. At 6:48 P.M., Mayor DonCarlos opened and conducted the second public hearing concerning the request for the involuntary annexation of approximately 206.35 acres situated in the George Ellis Survey, Abstract 21, for multiple sites located on the east side of North Main, from the East Freeway to Wallisville Road, and the right -of -way along N. Main and a portion of Wallisville Road, Harris County, Texas. Director of Planning and Development Services, Mrs. Tiffany Foster stated that this second public hearing is concerning the request for the involuntary annexation of approximately 206 acres of land located on the east side of North Main. She stated that parts of the surrounding properties have been incrementally annexed over recent years and this annexation request will close in the gaps surrounding these areas. She stated that they are working with one of the property owners included in this annexation request and further being impacted by the City's compliance request because of such. She stated that of the four identified issues regarding this particular property, one will come before Council for a proposed code amendment. Additionally, she stated that they will be going on a tour to learn more about the organization and provide them with codes in which staff feels may have an impact on them. Mayor DonCarlos stated for clarity purposes that Council is supportive of the Youth Fair and will not do anything to endanger it from going forward. City Council Regular Meeting Minutes October 22, 2015 Page 3 of 19 Tiffany Hotchkiss McCain and Carol Brogan Remkes both registered to speak before the public hearing regarding agenda item 2.a. Ms. McCain stated that she's the Secretary of the Baytown Youth Fair and as they want to comply with the City's regulation they don't have the funds to do so at one time being that they are a non - profit organization. Additionally, she stated that although there were issues already identified they are concerned that there will be more issues that will affect them in the long run. Ms. Remkes stated that she represents the Baytown Unified Showmanship which pairs special needs individuals with FFA members and show animals at the Baytown Youth Fair. She stated that her hope is for the program to be allowed and continue the good works it provides for the participants. At 7:00 P.M., Mayor DonCarlos closed the second public hearing regarding agenda item 2.a. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing an Industrial District Agreement with Exxon Mobil Corporation. City Attorney, Mr. Ignacio Ramirez presented the agenda item and stated that Ordinance No. 13,012 authorizes an Industrial District Agreement with Exxon Mobil Corporation for tax years 2016 through 2022, as well as, establishes certain aspects of the new Industrial District Policy for existing companies. He stated that this agreement varies from previous agreements in that (i) the industrial district appraisal review board is no longer included since the values are established in the contract and (ii) there is no public community improvement charge for which the existing companies may apply to have refunded. He further stated that the first year's revenues under this agreement should be $20,815,912. Mr. Matt Crocker and Ms. Shirley Painter both registered to speak regarding agenda item 3.a. Mr. Crocker, ExxonMobil Refinery Manager stated that the plant is celebrating 95 years in Baytown this year and with regards to this agreement they have two main objectives in which they believe is accomplished: 1) a stable and predictable tax rate that preserves the intent of the industrial district and 2) a tax rate that is viewed as fair and reasonable by the industry and the City. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 13,012. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved ORDINANCE NO. 13,012 City Council Regular Meeting Minutes October 22, 2015 Page 4 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing granting a variance from the distance, insurance, bond and fee requirements contained in the Live Outdoor Exhibition Ordinance to Ms. Shirley Painter for her Gospel Light Night Event located at 205 W. Defee St. to be held on October 31, 2015, from 6:30 P.M. to 8:00 P.M., and exempting such event from the application of the City's Peddlers and Solicitors Ordinance. Mr. Mike Lester, Director of the Health Department presented that agenda item and stated that the normal variance requests are for distance, but that this request is for distance, insurance, bond and fee requirements, and is for an individual which is different. He stated that the fees include $200 for the application and event fee and a $5,000 cash bond that's refundable after the cleanup. Additionally, he stated that Ms. Painter fully complied with the requirements before she requested for the variance. Ms. Shirley Painter registered to speak regarding agenda item 3.b. Ms. Painter stated that she was inspired to do a gospel event that will take place on the parking lot of 205 W. Defee. She stated that she has the support of the property owner who agreed to allow her property use, as well as, the surrounding businesses that will provide the lighting and restrooms for the event. Additionally, she stated she's prepared to comply with the requirements for the event. A motion was made by Council Member Chris Presley and seconded by Council Member Terry Sain approving Ordinance No. 13,013, waiving the requirements for the distance and the $5,000 cash bond. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes October 22, 2015 Page 5 of 19 ORDINANCE NO. 13,013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 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 AND BOND REQUIREMENT FOR SHIRLEY PAINTER FOR HER GOSPEL LIGHT NIGHT EVENT CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT SHIRLEY PAINTER FOR HER GOSPEL LIGHT NIGHT EVENT 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. 4. HARRIS COUNTY MUD NO. 528 Mr. Ramirez requested that agenda items 4.a. and 4.b. be considered together as they are related and further requested that the items be suspended as an agreement has not be finalized. a. Consider a resolution granting consent to the creation of Harris County Municipal Utility District No. 528 and the inclusion therein of additional territory in the Tri -City Beach/HWY 146 area. b. Consider an ordinance authorizing a Utility Functions and Services Allocation Agreement with Harris County Municipal Utility District No. 528. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving to suspend agenda items 4.a. and 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 5. PROPOSED RESOLUTIONS a. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston - Galveston Area Council for the year 2016. City Council Regular Meeting Minutes October 22, 2015 Page 6 of 19 Mayor DonCarlos stated that Council's 2015 representative to the General Assembly is Council Member Terry Sain with Mayor Stephen DonCarlos serving as the alternate. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Resolution No. 2382 appointing Terry Sain as the City of Baytown's primary representative to the General Assembly of the HGAC and Stephen DonCarlos as the alternate. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem. Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved RESOLUTION NO. 2382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 2016; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution granting a variance to the Tax Abatement Guidelines to SBE Chemical Partners I LLC, to allow the abatement to commence post- construction contingent upon Council's creation of the SBE Chemical Partners I Reinvestment Zone and Council's approval of the corresponding tax abatement agreement. Mr. BJ Simon presented the agenda item and stated that this request is to allow the entity to be competitive with economic development incentives offered by competing sites in Louisiana and Alabama, as well as, allow the abatement to commence post - construction of the contract. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Resolution No. 2383. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes October 22, 2015 Page 7 of 19 RESOLUTION NO. 2383 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A VARIANCE TO THE TAX ABATEMENT GUIDELINES TO SBE CHEMICAL PARTNERS I LLC, TO ALLOW THE ABATEMENT TO COMMENCE POST - CONSTRUCTION CONTINGENT UPON COUNCIL'S CREATION OF THE SBE CHEMICAL PARTNERS I REINVESTMENT ZONE AND COUNCIL'S APPROVAL OF THE CORRESPONDING TAX ABATEMENT AGREEMENT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. a. Discuss the future of the Brunson Theater and the Citizen's Bank Building on Texas Avenue. City Manager Davis presented the agenda item and stated that this discussion included making a decision as to whether the property should be marketed, as well as, the future plans for the property. He stated that his recommendation for Council is to allow Mr. BJ Simon time to specifically market the property for the type of culture on Texas Avenue. Mr. Simon stated that these properties were in a previous proposal that did not come into development and since then the context has somewhat changed. He stated that the framework of the Neighborhood Empowerment Zone, adoption of the ACE District, and the opening of the Town Square has provided a new basis and because of such, certain types of developers are going to be interested in these properties. Additionally, he stated that they've started dialogue with community development entities that have experience in this regard. Council Member Renteria inquired what would be the costs to target developers. In response to the inquiry regarding costs, Mr. Simon stated that the costs would include collateral and material. City Manager Davis further stated as it relates to costs that the major investment would be time and recommended the time allowance of the beginning of May. Council Member Renteria stated that since money was already invested into the Brunson Theater with the intent of it being turned into a Museum honoring local veterans that Council should continue to move forward with that idea. Mayor DonCarlos requested that Mr. Simon provide a marketing perspective for presentation at the December meeting. 7. REPORTS a. Receive a report from the Economic Development Alliance regarding Year Two of the Economic Development Services Agreement for Tourism and Promotional Services 2013 -2016. Mr. Chad Burke, President/CEO of the Economic Development Alliance, presented a report to City Council Regular Meeting Minutes October 22, 2015 Page S of 19 the Mayor and City Council regarding Year Two of the Economic Development Services Agreement for Tourism and Promotional Services 2013 -2016. He stated that their works are through committees and task forces that include: New Business Development Task Force; Public Policy Task Force; Business Growth Committee; Workforce Development Committee; Regional Mayor's Advisory Group; Quality of Life Task Force; and Transportation Task Force. He stated that their current project list consisted of over 20 projects, over 600 jobs, and approximately $2 billion. He stated that one of the workforce committee's objectives of creating a marketing program to map career opportunities has manifested within the last two (2) years into a speakers bureau with most of its presentations being made to high school students. Mr. Burke stated that they were able to partner with a national manufacturing institute to create the "Southeast Texas Dream It Do It" organization that promotes jobs in manufacturing. He stated that they work on the state and federal levels with respect to public policy and will have a kickoff before, as well as, a wrap -up after the legislative session. He stated that at the 2015 DC Advocacy Trip there were over 20 regional stakeholders and meetings regarding the issues relevant to the cities in this region. He further stated that the transportation task force which included various groups such as EHCMA, Port of Houston Authority, Judge Emmett's office, Precinct 2, Rail, and Regional Mayors has identified projects to help this region. Mr. Burke stated that the quality of life task force worked with TxDOT to get the state logos painted and requested for stars to be added to the new projects. Additionally, he stated that this year they developed a website to specifically market the region. b. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2015. Mr. Currie presented the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending September 30, 2015. He stated that the Finance Subcommittee met on October 20, 2015, for a detailed review and analysis of these reports. He stated that the revenues came in above budget, as well as, the expenditures below budget. He stated that the sales tax revenues were about 9.7% above budget. He further stated that the funds that exceeded the revenues budget included the general fund, the aquatics fund, hotel /motel fund, and the water & sewer fund. He stated that although the solid waste fund revenues came in low so did the expenditures allowing it to break even. Additionally, he stated that the investment yield was .2416% and although low was an increase from the last two (2) years. C. Receive a report regarding utility billing methods and resulting utility charges. Assistant City Manager, Mr. Kevin Troller presented the agenda item and stated that they started receiving calls concerning an increase in water bills which was thought to be a Pinehurst and Lakewood subdivision situation, but is actually a state wide issue. He stated that under the direction of the City Manager a comprehensive review of the City's utility billing study be presented. He further stated that presentations will be included from Ms. Gina Rivon, Utility Billing Manager to discuss the billing and meter processes; Mr. Carl Currie, who will discuss the conservation rates; Mr. Rex Baxter of Neptune Technology Group, Inc., who will discuss the meters; Mr. J.R. Goodnight, Vice President of Southern Flowmeter, Inc., who will discuss their results from testing some of the meters; and Ms. Amanda Eaves, CPA of BKD, LLP, who will present the computation of the water bills. City Council Regular Meeting Minutes October 22, 2015 Page 9 of 19 Ms. Rivon started her presentation and stated that the automated utility billing process started back in 2005 which transforms from manually reading a meter to determine water usage to driving around in a vehicle with a computer inside and retrieving data from a meter by ways of a transmitter that's inside which automatically sends a signal to the truck where a flash drive is installed. She stated that a signal must be picked up in order to get the reading and although they pick up about 92% of the readings sometimes they don't due to various reasons such as bad signal, weather forecast, or lots of rain that saturated the meter box. She stated that the drive unit only collects the data of the previous reading and the current reading but in the cases in which a signal may not have been picked indicates a classification of a no read or an incomplete reading. She stated that in the case of a no read or an incomplete reading, a manual reading is then done which is by simply reading the digits on the register and not an estimated. Ms. Rivon further stated that having access to the meter is a requirement of the contract for water service but in some cases meters cannot be accessed and there's approximately ten (10) of these situations that take place monthly; therefore, in such cases a letter is sent to the resident notifying them that the meter was unable to be accessed and to call the office to set up a time in which it could be. She stated that in the event that the bill is still unable to be read it will then be estimated based on the previous six (6) months water usage prior to the unsuccessful reading. She stated that the letter explains the reason for the estimated bill and that it would be adjusted accordingly once the meter is accessed for an accurate reading. During further discussion, Ms. Rivon stated that once the readings are done the data is plugged into the Neptune system and then transferred into Community Plus /SunGard which does the billing. She stated that the rate schedule is already input into the system and automatically calculates fees once the numbers are transferred from the Neptune system. She stated that because of the water conservation rates that was put in place, the rates increase based on the amount of water usage after two (2) thousand gallons. She stated that if there is a concern regarding a bill not being accurate, upon receiving the concern, the consumption history is reviewed and a re -read will be done an addressed accordingly. She stated that if the re -read is correct and the customer still does not agree they test the meters to determine proper functionality by doing the following: for customers with the new technology (approximately 10,000 of the actual 22,000 customers) has a data log system which will provide 90 days of consumption from the meter register that shows the water flow to the hour and generates every 15 minutes to show how much water that has gone through that meter at any given time, as well as, a leak flag signal which if it's continuous usually means that something is in the line; for customers with the old system they test the meter at a low, medium, or high flow by pouring a certain number of gallons of water in and receiving the same coming out. She stated that generally with the testing the old meters the numbers favor the customer because the meter slows down over a period of time. She stated that if the meter in either case fails, the City's policy is that if the meter registers above 101.5% the customer's bill is credited to the amount from the method of averaging the previous six (6) month bills and the difference is adjusted. An inquiry was made regarding the new or old technology as to which received the most complaints. In response to the complaint inquiry, Ms. Rivon stated that the complaints being received are from both systems which have to be addressed separately. City Council Regular Meeting Minutes October 22, 2015 Page 10 of 19 Council Member Renteria inquired of the highest margin of error between the old and new technology as it relates to their bills. Ms. Rivon stated that of the customer complaints about their bill that they've received there has not been a mistake in their process. Council Member Hoskins inquired if there were any out of calibration. In response to Council Member Hoskins' inquiry, Ms. Rivon stated that there was only one out of calibration from the many tests that were done. During further discussion, Council Member McCartney inquired if it were possible for someone to hack into the system and corrupt the data. Director of ITS, Mr. Ed Tomjack stated that the meters are standalone devices that communicate through radio signals and although there's a possibility of individually hacking a meter there's no way to hack into multiple meters. Council Member Hoskins inquired if after determining that there was a discrepancy in the billing, if they looked into the possibility of something being off from the time the data was received to conversion of the billing amount being done. In response to Council Member Hoskins inquiry, Ms. Rivon stated that they compare the data that's transferred from Neptune to the data input into the billing system first for accuracy. During further discussion, she stated that if a meter test is done and the test is proven to be accurate a $25 fee is accessed to the customer's account. She stated if there's a leak adjustment necessary, the adjustment is done based on the six month average of the sewer portion which caps at 12,000 gallons. She stated that if there is a case where an agreement has not been reached and both parties have documentation that supports their view with there being no explainable reason to the disagreement, the customers previous six (6) month bill is averaged out and the overage is divided in half; therefore the customer pays an average bill amount and half of the overage while the city credits the other half which is a process that's been in place since 2012. During further discussion, Ms. Rivon stated that they are in the process of replacing the meters that have been in place since 2005, as they tend to slow down over a period of time and much slower over 12 years. Additionally, she stated that although the current processes are their normal practice, since September 14th, staff has been inundated with checking meters at customers' requests due to the hearsay. Mayor DonCarlos inquired for clarity if the water that the City purchases from BAWA is billed correctly as it relates to it being metered and billed minus the lost water. In response to Mayor DonCarlos's inquiry, Ms. Rivon stated that all of BAWA's customers are metered and the City being the very last customer receives what is left from BAWA's other customers. She further explained that once the City has its total consumption for the month that number is subtracted from the amount actually received from BAWA. She stated that from that number taken is the number from public works which water that is not metered; therefore leaving what's left of that number to be considered as loss water. Additionally, she stated currently the City is at 9% of unaccountable water which is great compared to the state's allowance of below 20 %. Council Member Hoskins inquired if staff looks around the residence of the customers who have complaints of high water usage increases for possible visible issues that would verify that a problem exist. In response to Council Member Hoskins inquiry, Ms. Rivon stated that someone could see that a problem potentially could exist, if they show up at the time of the call. She reiterated that the billing cycle is based on previous water usage and that the meter technicians don't routinely walk property but may do so upon request. City Council Regular Meeting Minutes October 22, 2015 Page 11 of 19 During further discussion of the rate schedule, Acting Finance Director, Mr. Currie stated that the conservation rates were implanted when there was a drought in 2010. He stated as it relates to billing, that the first two (2) thousand gallons is billed at $2.57 per gallon and the next three (3) thousand gallons is based on $5.60 per gallon, etc. Ms. Rivon further stated that most of the customers are only adding the initial rate of $2.57 for the entire usage amount on the bill until it is explained thoroughly. Council Member Hoskins recommended having all charges visible to the customer on the bill. Additionally, Mr. Currie stated that although the sales per month stagger from highs to lows the budget is on target and the City purchased more water from BAWA than what was sold to the customer. Mr. Rex Baxter, a representative of Neptune Technology Group stated that he has worked for the company for 26 years and that the company was developed in 1892 in New York as a small meter company, but moved to a factory located right outside of Montgomery, Alabama. He stated that all of the products and parts are manufactured at the factory. He stated that many of the surrounding cities such as LaPorte, Deer Park, Pasadena, Pearland, and Seabrook all have the same product as Baytown and it is working well. He stated that all of the parts to the meter is manufactured and tested for accuracy at their facility in Alabama. He stated that all meters have to meet certain standards set forth by the American Water Works Association in which the meter has to be at least 98.5% on the low end, but allowed to go up to 101.5 on the high end. He stated that he travels all over Texas and this same situation is happening all over and not all of the brands are Neptune products. He stated that they haven't had any complaints regarding their product from any of the other customers and as they continue to modernize their products they also make it compatible backwards and forwards. During further discussion, Mr. Baxter explained the works of the actual meter. He stated that as the water travels from the City through the meter to the positive displacement chamber where the volume of water is measured, there's a disc that nutates and turns a magnet that's underneath it which turns the register. He stated that the magnet doesn't turn if the water doesn't go through it. He stated that the product is made from a polymer material that wears and the solids in the water will store in the chamber prohibiting it from operating as accurately. Council Member Hoskins inquired of what affect a vapor (air) moving through at a high rate would have on the meter. In response to Council Member Hoskins inquiry, Mr. Baxter stated that it would turn. Council Member Hoskins further inquired if this meter as like other meters where it counts water gallon for gallon as a liquid and when vapor goes through it speeds up tremendously further starts reading high; therefore, if the vapor /air goes through will it damage the disc and will it speed up and make miscounts. Mr. Baxter stated that this meter doesn't necessarily do that because the disc has to turn 57 times to calculate one (1) gallon of water in the register and if there is enough air going through the meter there's damage inside the house. Council Member Hoskins inquired further if the taps are coming in from the side or the bottom. Assistant Director, Mr. Mark LeBlanc stated that the taps are done 45 degrees off the top. Vice President of Southern Flowmeter, Inc., Mr. J.R. Goodnight presented his presentation and stated that they are a maintenance oriented company and were hired to test some of the meters that were under performing. He stated that over time the solids in water reduces the efficiency in the assembly by making it difficult for the water to move the assembly from what it was originally designed to do, as well as, provide more free water to the customer. He stated that of the meters that were provided to him for testing, they tested the meters for accuracy through a City Council Regular Meeting Minutes October 22, 2015 Page 12 of 19 flow rate of low, medium, and high per AWWA standards. He stated that the rate of 101.5 is considered to be on the high side and out of all the meters tested only one (1) meter tested at the level. He farther stated that if a meter went over that threshold allowed it is possible that the bill would be over the AWWA amount of 1.5% and have a bill about 2% high. He stated that it would be rare for them to see anything of 150% or 200% and in his experience he doesn't see meters performing in that manner. As it relates to the air in the meter, Mr. Goodnight stated that this type of meter in this particular style doesn't react the same way as some of the other technologies, specifically turbine meters that are prone to over registering if there is air going through it. He stated that the turbine meter measures part in water which gives more resistant to the measuring assembly and part is measuring air allowing the assembly to move through air which is something it's not accustomed to resulting in it going faster. He further stated that this style meter is sort a water /air mix and as the air displaces through it, it moves in a relative fashion to measure the air or water. Additionally, he stated that the turbine meters are typically not for residential customers. Ms. Amanda Eaves, CPA representative of BKD, LLP, stated that they are an independent CPA firm familiar with governmental auditing. She stated that in October they were requested to recalculate consumption for the City's residential water bills and utility accounts. She stated that the City has approximately 19,500 residential accounts and to date they have recalculated 15,600 or 80% of those bills finding no errors in consumption or water bill calculations. She stated that they compared the meter readings from July and August to determine what the consumption should be then compared it to the consumption in the SunGard System and found no variances. She stated that they recalculated those bills based on the rate schedule and found no variances. She further stated that they ran the calculations by retrieving data from the SunGard System and inserted it into their software system (ACL) for comparison purposes which resulted in the calculations being identical. Council Member Capetillo inquired if they checked the codes in SunGard for accuracy. In response to Council Member Capetillo's inquiry, Ms. Eaves stated that they did not review SunGard's codes. Mr. John McGill registered to speak regarding agenda item 7.c. and stated that he's received a bill that's in question. He stated that he has a sprinkler system that's on a separate meter and his usage increased from approximately 4,000 -5,000 thousand to about 20,000 in which out of line for his particular situation. Additionally, he stated that he believes that there is a software issue and recommends that Council continues to work on a resolution. Mayor DonCarlos requested that administration review the conservation rates for possible adjustments. 8. a. Confirm the City Manager's appointment of the City of Baytown Public Works Director. City Manager Davis presented the agenda item and stated that Mr. Frank Simoneaux as the City Manager's appointment of the Public Works Director for the City of Baytown. City Council Regular Meeting Minutes October 22, 2015 Page 13 of 19 A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the City Manager's appointment of Public Works Director to Mr. Frank Simoneaux. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved b. Consider one (1) appointment to the Baytown Housing Authority. Deputy City Clerk, Mrs. Alicia Segovia presented the agenda item and considered the appointment of Ms. Debra Routte to the Baytown Housing Authority Board as she was recommended by the Housing Authority. She stated that Ms. Tiyanna Clark, Resident Commissioner's termed expired and does not desire reappointment. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving the appointment of Ms. Debra Routte to the Baytown Housing Authority Board. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tent, Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved 9. CONSENT A motion was made by Mayor Pro Tern Brandon Capetillo and seconded by Council Member Robert C. Hoskins approving consent agenda items 9.a. through 9.m. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Council Member Chris Presley Nays: None Approved City Council Regular Meeting Minutes October 22, 2015 Page 14 of 19 a. Consider an ordinance authorizing the purchase of one (1) Crafco Liquid Asphalt Machine and one (1) Crafco Router through the Houston - Galveston Area Council (H- GAC). ORDINANCE NO. 13,014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY THOUSAND NINE HUNDRED TWENTY -SIX AND 74/100 DOLLARS ($60,926.74) TO CRAFCO, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) CRAFCO LIQUID ASPHALT MACHINE AND ONE (1) CRAFCO ROUTER FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of eleven (11) Ford trucks for Public Works and BAWA through BuyBoard. ORDINANCE NO. 13,015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED FORTY - ONE THOUSAND ONE HUNDRED FIFTY -EIGHT AND 60/100 DOLLARS ($441,158.60) TO SILSBEE FORD THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF (4) F -150 SUPER CABS, ONE (1) F -250 CREW CAB WITH A TOMMY LIFTGATE, ONE (1) F -250 REGULAR CAB WITH A STAKEBED, ONE (1) F -250 REGULAR CAB WITH A UTILITY BODY AND TOMMY LIFTGATE, ONE (1) F -350 CREW CAB, ONE (1) E- SERIES CUT -AWAY TV VAN WITH CAMERA, ONE (1) F -150 SUPER CAB AND ONE (1) F -250 CREW CAB; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the purchase of one (1) Ditch Witch RT45 Ride - On Trencher through Houston- Galveston Area Council (H -GAC). ORDINANCE NO. 13,016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY -TWO THOUSAND FOUR HUNDRED THIRTY -THREE AND 76/100 DOLLARS ($52,433.76) TO EARLE KINLAW & ASSOCIATES, INC., THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2015 DITCH WITCH RT45 TRENCHER FOR THE PUBLIC WORKS City Council Regular Meeting Minutes October 22, 2015 Page 15 of 19 DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Repair Clamps Contract with ACT Pipe and Supply. ORDINANCE NO. 13,017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -THREE THOUSAND THREE HUNDRED SEVENTEENAND 94/100 DOLLARS ($63,317.94); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of playground equipment for the year 2016 from Total Recreation Products, Inc., representing GameTime Play Equipment through the Texas Local Government Purchasing Cooperative (Buy Board). ORDINANCE NO. 13,018 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -FIVE THOUSAND FIVE HUNDRED SIXTY -SIX AND 07/100 DOLLARS ($85,566.07) TO TOTAL RECREATION PRODUCTS, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR 2016 PARK PROJECTS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's 2016, July 3rd and 4th Celebrations and Grito Fest. ORDINANCE NO. 13,019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATIONS AND GRITO FEST; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY -FIVE THOUSAND AND N01100 DOLLARS ($155,000.00); MAKING OTHER PROVISIONS City Council Regular Meeting Minutes October 22, 2015 Page 16 of 19 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a services agreement with the Baytown Area Water Authority, Harris County Fresh Water Supply District No. 27, and General Industrial Polymers, LLC, regarding utility, plan review, and development services. ORDINANCE NO. 13,020 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 SERVICES AGREEMENT WITH THE BAYTOWN AREA WATER AUTHORITY, HARRIS COUNTY FRESH WATER SUPPLY DISTRICT NO. 27, AND GENERAL INDUSTRIAL POLYMERS, LLC, REGARDING UTILITY, PLAN REVIEW, AND DEVELOPMENT SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the Professional Service Agreement between the Baytown Area Water Authority and Shrader Engineering, Inc., for the design and implementation of the BAWA SCADA Upgrade Project. ORDINANCE NO. 13,021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SHRADER ENGINEERING, INC., FOR THE BAYTOWN AREA WATER AUTHORITY SCADA UPGRADE PROJECT IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTY -TWO THOUSAND THREE HUNDRED FIFTY -THREE AND N01100 DOLLARS ($632,353.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance rejecting the bid for the Annual Concrete Work Contract received on October 9, 2015. ORDINANCE NO. 13,022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BID RECEIVED FOR THE ANNUAL CONCRETE WORK CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of one (1) Pierce Quantum Pumper Truck for the Fire Department through the Houston- Galveston Area Council. City Council Regular Meeting Minutes October 22, 2015 Page 17 of 19 ORDINANCE NO. 13,023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED NINETY - NINE THOUSAND SIX HUNDRED THIRTEEN AND NO 1100 DOLLARS ($699,613.00) TO SIDDONS -MARTIN EMERGENCY GROUP, LLC, THROUGH THE HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2016 PIERCE QUANTUM 2000 GPM PUMPER TRUCK FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance awarding the Annual Large Meter Testing of Neptune Meters Contract to Southern Flowmeter, Inc. ORDINANCE NO. 13,024 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 SEVENTY THOUSAND ONE HUNDRED TWENTY -FIVE AND N01100 DOLLARS ($70,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the abandonment and sale of the City's interest of a portion of an underground 16 foot utility easement dedicated by H.C.C.F. No., 11- 002699, located on the west side of Eastpoint Boulevard, addressed as 7447 Eastpoint Boulevard, to the property owner Stanmore /ADEF Baytown, LP. ORDINANCE NO. 13,025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND SALE OF THE CITY'S INTEREST IN THE CITY'S 16 -FOOT UTILITY EASEMENT DEDICATED IN HARRIS COUNTY CLERK'S FILE NO., H- 002699, LOCATED ON THE WEST SIDE OF EASTPOINT BOULEVARD, ADDRESSED AS 7447 EASTPOINT BOULEVARD TO STANMORE /ADEF BAYTOWN, LP, CONTINGENT UPON THE RECEIPT OF CONSIDERATION AS EXPRESSED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED UPON RECEIPT OF CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes October 22, 2015 Page 18 of 19 m. Consider a resolution authorizing a request to the sheriff or constable to sell the properties located at 2009 Maryland Street and 1209 Yupon Street, Baytown, Harris County, Texas, at a public sale. RESOLUTION NO. 2384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY, LOCATED AT 2009 MARYLAND STREET, BAYTOWN, HARRIS COUNTY, TEXAS, AND 1209 YUPON STREET, BAYTOWN, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. MANAGER'S REPORT a. The Annual Heritage Scaritage Festival will be held at the Republic of Texas Plaza on Saturday, October 31, 2015, from 10:00 A.M. to 4:00 P.M. Mr. Scott Johnson presented the agenda item and stated that the Annual Heritage Scaritage Festival will be held at the Republic of Texas Plaza on Saturday, October 31, 2015, from 10:00 A.M. to 4:00 P.M. b. The Annual Veteran's Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Wednesday, November 11, 2015, at 11:00 A.M. Mr. Johnson presented the agenda item and stated that the Annual Veteran's Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market Street, on Wednesday, November 11, 2015, at 11:00 A.M. Additionally, he stated that in the event of bad weather, the Service will be moved to the Community Center, 2407 Market Street, same time and date. C. The City of Baytown's five spray parks will close for the winter on Sunday, November 01, 2015, at 8:00 P.M. Mr. Johnson presented the agenda item and stated that the City's five spray parks will close for the winter on Sunday, November 01, 2015, at 8:00 P.M. and reopen on Saturday, March 12, 2016. d. The Annual Nurture Nature Festival will be held at the Baytown Nature Center on Saturday, November 7, 2015, from 10:00 A.M. to 4:00 P.M. City C ouncit Regular Meean.- Minutes October 22, 2019 Page. 19 7t"t9 Mi. Johnson presented the agenda item and stated that the annual Nurture Nature Festival will be at the Baytown Nature Center, on Saturday, November 7th, from 10:00 A,M to 4:00 P,M. Mayor DonC:'arhrs stated that he visited with the Animal Control Facility in San Antonio and the Director agreed to Lorne and visit Baytown's Animal Control Facility and offer suggestions at the expense of the City of Baytown fisr their travel; therefore, are scheduled to come in November. 11. ADJOURN A motion was made by Council Memhcr Robert. C. Hoskins and seconded by Council Mernber Chris Presley adjourning the October 22, 2015, City Council Regular meeting. `lhe vote was as follows: Ayes; Mayor Stephen DonC arlos, Mayor Pro Tenn Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria 111, Council Member TecTy Sam, Council Member Chris Presley Nays. None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the October 22; 2015, City Council Regular Meeting at 9 :20 P.M. J # 4 Leticia Brysch City Clerk v City of Baytown �,_<