2017 02 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
Febmary 23, 2017
The City Council of the City of Baytown Texas met in a Regular Meeting on Thursday
February 23 2017 at 6:30 P M in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown Texas with the following in attendance
Laum Alvarado
Council Member
Robert Hoskins
Council Member
Charles Johnson
Council Member
David McCartney
Council Member
Chris Presley
Council Member
Terry Sam
Council Member
Stephen H DonCarlos
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Anes
Mayor DonCarlos convened the February 23 2017 City Council Regular Meeting with a
quorum present at 6:30 P M., all members were present
Pledge of Allegiance Texas Pledge and Invocation was led by Council Member Alvarado
MINUTES
a Consider approving the minutes of the Baytown City Council Work Session and
Regular Meeting held on January 26 2017
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney approving the January 26, 2017, City Council Regular Work Session and Meeting
minutes The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Council
Member Robert C Hoskins Mayor Pro Tem David McCartney, Council
Member Laura Alvarado, Council Member Terry Sam Council Member
Chris Presley
Nays None
Approved
City Council Regular Meeting Marines
February 23 2017
Page 2 of g
RECOGNITIONS AND CITIZEN COMMUNICATIONS
a Ms Mary C West requested to appear before Council to discuss possible
modifications to the food truck ordinance
Ms West stated with regards to the locations of operations that specifically states that no motor
unit may operate for more than two (2) hours at any location other than city designated mobile
places within the ACE Zoning District of the City of Baytown that she would like to request a
variance for such because it's not enough time to setup serve and close down She stated that in
trying to get a permit for one (1) year, most places requests to have breakfast and lunch which is
an approximate timeframe from 7*00 A.M to 1 00 P M Additionally she stated in reference to
access to toilets that most of the business don't want the generator right next to their building or
new their customers and further inquired if the 150 feet distance could be adjusted
Mayor DonCarlos requested that city administration and legal departments bring to council
revisions of such request to be considered at another council meeting as soon as they can
Maria Zoer registered to speak regarding agenda item 2.a. but did not do so
Recognize City of Baytown Employees for their Years of Service
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown Employees for their Years of Service
10 Years
Drew Potts, Purchasing Manager
Jesse Gutierrez Police Jarl Supervisor
PROPOSED ORDINANCES
a Consider an ordinance awarding a construction contract to Angel Brothers
Enterprises LTD, for the Hunt Road East Project
Deputy City Manager Bottoms presented the agenda item and stated that this item is for the HEB
widening project He stated that the scope of work consists of widening Hunt Road east of Garth
by approximately 1,500 -feet, including drainage and utility improvements He further stated that
Angel Brothers Enterprises LTD was the one and only bid for this project in the amount of
$4.3 million, which was under the engineers estimate of $4.9 million
A motion was made by Mayor Pro Tem David McCartney and seconded by Council Member
Robert C Hoskins approving Ordinance No 13 416 regarding agenda item 3.a The vote was as
follows
Ayes Mayor Stephen DonCarlos, Council Member Charles Johnson Council
Member Robert C Hoskins Mayor Pro Tem David McCartney Council
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February 23 2017
Page 3 of g
Member Laura Alvarado Council Member Terry Sam Council Member
Chris Presley
Nays None
Approved
ORDINANCE NO 13,416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES
LTD FOR THE HUNT ROAD EAST PROJECT AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH ANGEL BROTHERS ENTERPRISES
LTD, FOR SAID PROJECT AUTHORIZING PAYMENT NOT TO EXCEED
THE SUM OF FOUR MILLION THREE HUNDRED TWENTY THOUSAND
NINETY SIX AND NO/100 DOLLARS ($4,320,096.00) MAKING OTHER
PROVISIONS RELATED THERETO, AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
PROPOSED RESOLUTIONS
a Consider a resolution authorizing a grant application to the FY17 State Homeland
Security Grant Program on behalf of the Police Department
Police Chief Dougherty presented the agenda item and stated that this grant is for the purchase of
technology equipment to be used by investigators which also Includes training staff
A motion was made by Council Member Robert C Hoskins and seconded by Council Member
Laura Alvarado approving Resolution No 2464 regarding agenda item 4.a. The vote was as
follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Council
Member Robert C Hoskins Mayor Pro Tem David McCartney, Council
Member Laura Alvarado, Council Member Terry Sam Council Member
Chris Presley
Nays None
Approved
RESOLUTION NO 2464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION FOR THE FY2017
City Council Regular Meeting Minutes
February 23 2017
Page 4 of 8
STATE HOMELAND SECURITY PROGRAM FOR LAW ENFORCEMENT
TERRORISM PREVENTION ACTIVITIES THROUGH THE HOUSTON
GALVESTON AREA COUNCIL ON BEHALF OF THE POLICE
DEPARTMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FIVE
THOUSAND AND NO/100 DOLLARS ($205,000.00), DESIGNATING AN
AUTHORIZED REPRESENTATIVE ASSURING PROPER USE AND
MAINTENANCE OF GRANT FUNDS AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
b Consider a resolution authorizing a grant application to the FY2018 JAG Grant
program through the Houston Galveston Area Council (H GAC) on behalf of the Police
Department
Mayor DonCarlos stated that agenda item 4.b was pulled from the agenda
REPORTS
The agenda was taken out of order as Finance Director, Wade Nickerson requested that agenda
item 5.6 be considered prior to agenda item 5.a
b Receive the City of Baytown's Comprehensive Annual Financial Report and Single
Audit Report for the fiscal year ending September 30, 2016
Ms Stephanie Hams, a partner with Belt Harris and Pechacek, LLP presented the City of
Baytown's Comprehensive Annual Financial Report and Single Audit Report for the year ending
September 30 2016 She stated that these reports were reviewed in more detail with the Finance
Committee earlier during the week In reporting the highlights of the Comprehensive Annual
Financial report she stated that they issued a clean unmodified opinion on the city's financial
statement She noted for informational purposes that unmodified is the highest level of assurance
they provide as the city's independent auditor and that the financial statements are materially
correct and that all disclosures required by are generally accepted accounting principles me
included Ms Hams stated that on a full accrual basis, the city incurred expenses in the amount
of $148,984,677, collected charges for services in the amount of $58,156,494, received operating
grant and contributions to the amount of $4.9 million received capital grants and contributions in
the amount of $12.9 million, had a net expense of $73 million and after a total general revenues
of $87,420,000 there was a positive increase in the ending net position of $144 million She
noted that the city was able to take advantage of a drop in long term debt interest rates and as a
result was able to issue some refunding debt and retire some old series at a much higher
rate saving lust under $5.6 million in long term debt payments in the next twelve years
Ms Harris further stated that they also issued a single audit report which is required when the
city expends more than $750,000 in federal grant dollars in a twelve month time period She
stated that for the 2016 fiscal year the city had lust over $10 million in federal grant programs
She further stated that the community development program, which represented $7 million of
those $10 million grant funds, was also issued an unmodified opinion on the city's compliance
City Council Regular Meeting Minutes
February 23 2017
Page 5 of S
with those federal grant requirements
a Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending December 31, 2016
Finance Director, Wade Nickerson presented the City of Baytown's Quarterly Financial and
Investment Reports for the Quarter Ending December 31 2016 and stated that the sales tax
receipts were about 3% over this time last year With regards to revenues he stated that the
general fund was at 60% for the quarter with the bulk of the IDA's being collected and that no
aquatics was collected during this time He stated that although some of the funds were trending
just a little less than expected, staff is optimistic that they will come within budget by the end of
the year He stated that some of the expenditures were slightly over the anticipated 25% margin
due to projects starting to take place dining this time period He noted that the waste
management contract was encumbered which is some of the reason that the sanitation fund is at
74%
Additionally Mr Nickerson stated that there was $155.4 million in the portfolio at a rate
of .6356% eaming just under $200,000 in revenue
CONSENT
Although Mike Bauer and Kenny Baines both registered to speak regarding consent agenda
item 6.a., there was no speakers
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem David
McCartney approving consent agenda nems 6.a through 6.f The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson, Council
Member Robert C Hoskins Mayor Pro Tem David McCartney, Council
Member Laura Alvarado, Council Member Terry Sam Council Member
Chris Presley
Nays None
Approved
a Consider an ordinance granting pipeline permits to SBE Chemical Partners I
LLC, for three new pipelines
ORDINANCE NO 13,417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, GRANTING PIPELINE PERMITS TO SBE CHEMICAL PARTNERS
I LLC, TO INSTALL TWO NEW FOUR INCH (4") PIPELINES AND ONE
NEW SIX INCH (6 ) PIPELINE IN A NEW PIPELINE CORRIDOR,
ESTABLISHING THE AMOUNT OF THE BOND AUTHORIZING AND
City Council Regular Meeang Minutes
Febnmy23 2017
Page 6 of 8
DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT
THEREFOR, MAKING OTHER PROVISIONS RELATED THERETO, AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
b Consider an ordinance authorizing the renewal of the Annual Electrical Motor
Control Center Services Contract to Baytown Electric Company
ORDINANCE NO 13,418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC
COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL
CENTER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN THE SUM OF ONE HUNDRED THOUSAND AND
NO/100 DOLLARS ($100,000.00) MAKING OTHER PROVISIONS
RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF
c Consider an ordinance authorizing the renewal of the Annual Electrical Services
Contract with Baytown Electric Company
ORDINANCE NO 13,419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC
COMPANY FOR THE ANNUAL ELECTRICAL SERVICES CONTRACT
AND CHANGE ORDER NO I TO THE SAME AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN THE SUM OF TWO HUNDRED
FIFTY THOUSAND AND NO/100 DOLLARS ($250,000.00) MAKING
OTHER PROVISIONS RELATED THERETO. AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF
d Consider an ordinance authorizing the second renewal of the Annual Ron
Off Container Services Contract to Waste Management of Texas Inc
ORDINANCE NO 13,420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, RENEWING THE CONTRACT WITH WASTE MANAGEMENT OF
TEXAS, INC., FOR THE ANNUAL ROLL OFF CONTAINER SERVICES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN THE SUM OF TWO HUNDRED FORTY FOUR THOUSAND
FIFTEEN AND 25/100 DOLLARS ($244,015.25), AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF
City Council Regular Meeting Minutes
February 23, 2017
Page 7 of 8
e Consider an ordinance authorizing the renewal of the Annual Mowing, Edging and
Trimming Services Contract with Grant Smith Mowing, Inc.; and authorizing Change
Order No 1 for additional services to enhance the City's beautification efforts
ORDINANCE NO 13 421
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS RENEWING THE ANNUAL MOWING, EDGING AND TRIMMING
SERVICES CONTRACT WITH GRANT SMITH MOWING, INC., AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN THE SUM OF
TWO HUNDRED SIX THOUSAND TWO HUNDRED SEVENTEEN AND
74/100 DOLLARS ($206,217 74), AUTHORIZING CHANGE ORDER NO I
IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS
($50,000.00), AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
f Consider an ordinance authorizing the renewal of the Annual Sulfur Dioxide
Contract with DXI Industries, Inc
ORDINANCE NO 13 422
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH
DXI INDUSTRIES INC. AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, IN THE AMOUNT OF EIGHTY SIX THOUSAND NINE
HUNDRED TWENTY FOUR AND NO/100 DOLLARS ($86,924.00)
MAKING OTHER PROVISIONS RELATED THERETO, AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF
MANAGER'S REPORT
a Present information regarding the "Brown Bag Lunch" at Town Square every
Tuesday in March
Director of the Parks and Recreation Department, Scott Johnson presented the agenda item and
stated that they will host `Brown Bag Lunch at Town Square' every Tuesday in March from
11 30 A.M — 1 30 P M He noted that the city will not provide the lunches, but will provide a
free concert of local artists to include the following
Tuesday, March 7 Ryan Guidry
Tuesday March 14 Philip Moreno
Tuesday March 21 Clint Glaze
Tuesday March 28 Dexter Gutierrez
City Manager Davis acknowledged Erick Paz for achieving his Class B Wastewater
Certification He stated the he receive a letter from the Texas Municipal Courts Education
Center commending the City of Baytown's Municipal Court for celebrating municipal court
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February 23 2017
Page 8 of 8
week Additionally he acknowledged Officers Richter Filyaw and Clint Holden for their
professionalism while assisting citizens
ADJOURN
A motion was made by Council Member Terry Sam and seconded by Mayor Pro Tem David
McCartney adjourning the February 23, 2017 The vote was as follows
Ayes Mayor Stephen DonCarlos Council Member Charles Johnson Council
Member Robert C Hoskins Mayor Pro Tem David McCartney Council
Member Laura Alvarado, Council Member Terry Sam, Council Member
Chris Presley
Nays None
Approved
With there being no further business to discuss Mayor DonCarlos adjourned the February 23
2017. City Council Regular Meeting at 6:56 P M
Leticia Brysch City ClerkM ;y f
City of Baytown
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