2009 06 11 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
June 11, 2009
The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday,
June 11, 2009, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Lynn Caskey Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Bob Leiper Deputy City Manager
Kevin Troller Assistant City Manager
Kaythie Darnell City Clerk
Council Member Lena Yepez was absent from the June 11, 2009, City Council Regular
Meeting.
6:30 P.M. Mayor DonCarlos convened the June 11, 2009, Regular Meeting with quorum
present.
Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member
Capetillo.
1. MINUTES
a. Approve Minutes of the City Council Special Meeting held on May 19, 2009.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving the minutes from the May 19, 2009, City Council Special Meeting.
The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
Abstention from the vote: Council Member Sain.
Page 2 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
The motion carried.
b. Approve the Minutes of the City Council Work Session and Regular Meeting
held on May 28, 2009.
Motion was made by Council Member Sain, seconded by Council Member Sheley
approving the minutes from the May 28, 2009, City Council Work Session and Regular
Meeting. The vote was as follows:
Ayes: Council Members: Caskey, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
Abstention from the vote: Council Member Capetillo.
The motion carried.
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Citizen Communication: Angela Barton.
Ms. Angela Barton requested to address the City Council regarding accountability;
however, she was not present when called to speak.
Ms. Heidi Dreher registered to address to the City Council regarding agenda item 2.a. and
stated that she was a former employee of the City of Baytown. Ms. Dreher stated that she
believed her employment termination was unmerited and requested that the City of
Baytown reverse said action.
Ms. Dreher stated that upon her return to work on February 25, 2009, her job description
was significantly changed and that 70% of her job duties were given to another
employee. Ms. Dreher stated that her attempts to speak to her supervisor were postponed
for a later date. On February 25, 2009 while meeting with staff from Administration,
Human Resources, and Engineering she requested her evaluation and raise.
Ms. Dreher alleged that her concerns regarding her employment and job duties were not
addressed by her supervisors, Human Resources or the Assistant City Manager.
Ms. Dreher also stated that she informed City staff and members of Council that her
doctor recommended that she not return to work due to her medical condition, which she
alleged was caused by her employment situation and she stated that she did not
understand how an employee could be terminated if a doctor gives a medical reason why
they can not return to work.
Page 3 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
On June 08, 2009, Ms. Dreher was terminated and she states that she remains unclear as
to the reasons.
Mayor DonCarlos requested that management respond to Council's request as to why
they did not receive Ms. Dreher's exit interview.
City Manager Brumback stated that the City had no objection to providing Council with
employee exit interviews should the employee request such action and staff will review
and amend any policy currently in place that would prohibit said action. Additionally,
Mr. Brumback recommended that an investigation take place into any other allegation
posed by Ms. Dreher in order to ensure that all perspectives to this issue be revealed. Mr.
Brumback stated that another side to story presented by Ms. Dreher does exist and that
Council should be privy to that information in a more appropriate venue. Mr. Brumback
also stated that in his professional experience no retaliation took place against Ms.
Dreher, all actions taken in her case were appropriate and done within procedure and that
she was treated no differently than any other employee under the same circumstances.
Donna Terpening registered to address to the City Council regarding agenda item 2.a. and
deferred her three (3) minutes to Heidi Dreher.
b. Welcome: New Baytown Police Officers (3) -Mayor DonCarlos.
Welcome three (3) new Baytown Police Officers: (1) Jose Gonzalez, (2) Chad Johnson
and(3) Jason Waite.
3. PROPOSED ORDINANCES
a. Amendment No. 1 to the Interlocal Agreement for Circulator Bus Service -
Legal.
City Manager Garry Brumback presented Ordinance 11,126 that authorized Amendment
No. 1 to the Interlocal Agreement with Harris County for Circulator Bus Service in the
City of Baytown. On July 8, 2008, the City and Harris County entered into an agreement
regarding the provision of fixed route bus service in the City of Baytown for a term of
one year. This proposed amendment extends such agreement until July 8, 2010, and
requires the City to tender to the County another$75,000 for local operating funds for the
additional year. All of the other terms and conditions of the interlocal agreement remain
the same. Specifically, under the agreement, as amended, the obligations of the parties
are as follows:
Baytown Obligations:
1. Provide, equip, and make available for use in regard to services hereunder transit
stops at all locations chosen by the County;
Page 4 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
2. Provide advertising on the City of Baytown municipal television channel
informing the general public of the availability of transit services in the
community;
3. Provide information inserts in the City water bills or in its monthly City of
Baytown Newsletter advertising the service; and
4. Provide all required Local Operating Funds for the cost of the service during the
twenty-four months of service,up to a maximum of$150,000.00.
County Obligations:
1. Operate the Fixed Route Bus Service in the City of Baytown;
2. Provide necessary transit vehicles through the use of outside contractors; and
3. Collect and retain the fares as follows; provided that the County may enter into
agreements as it may deem necessary and proper to provide for bus services to be
provided otherwise than by payment of such fees:
• Adult (12 years and older), $1.00 each way
• Children 2 years to 11 years, $ .50 each way
• Seniors (65 and older with identification), $ .50 each way
• Disabled(With identification), $ .50 each way
• Children under 2 years, Free
• Certified Demand Response Eligible Passengers, $2.00 each way
This amendment continues the Baytown Circulator for another year. The City, County
and Lee College are working on an additional amendment to add a third route to the
system, which shall be to Council at a later date.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving Ordinance 11,126. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,126
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 1 TO THE
INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
b. Storm Water Construction -Health and EMS.
City Manager Garry Brumback presented Ordinance 11,127 that created storm water
construction requirements as mandated in the Texas Commission on Environmental
Quality approved Storm Water Management Plan subsequent to the issued Storm Water
Permit for the City.
Motion was made by Council Member Sain, seconded by Council Member Caskey
approving Ordinance 11,127. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES,"
ARTICLE VI "STORMWATER DRAINAGE" OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW
DIVISION TO BE NUMBERED AND ENTITLED DIVISION 1 "IN
GENERAL" AND PLACING SECTIONS 98-471 THROUGH 98-476
THEREIN; AND BY ADDING A NEW DIVISION TO BE NUMBERED
AND ENTITLED DIVISION 2 "STORMWATER MANAGEMENT";
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.
c. Amending Section 112-4,Dwelling Unit Parking Standards,Baytown Code of
Ordinances - Planning and Development.
City Manager Garry Brumback presented Ordinance 11,128 that amended Section 112-4
of the Baytown Code of Ordinances addressing dwelling unit parking standards.
Ordinance 11,128 amended the parking standards for dwelling units. The existing code
sets a standard of 2.25 parking spaces per townhouse, two-family dwelling, and multi-
family dwellings regardless of unit size. Based on the experience of apartment developers
and the specific request of a developer proposing to construct new apartments in
Baytown, the City reviewed parking standards from other Texas cities and it was
concluded that the City's standards are high; therefore an alternative set of standards for
multi-family dwellings was prepared.
Page 6 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
Staff went a step further and surveyed newer apartment complexes in Baytown that were
subject to the 2.25 per unit requirement in order to identify if parking problems were a
concern. The informal survey found that for the three newest apartment complexes in
Baytown, excess parking exists even in the evenings when more or most of the apartment
dwellers are home.
Ordinance 11,128 proposed the following new standards for apartment complexes:
Minimum Parking Spaces Unit Size:
• 1.0 each one bedroom or efficiency up to 500 square feet in size,
• 1.5 each one bedroom apartment 500 square feet or greater in size or with
two or more bathrooms,
• 1.75 each two bedroom apartment regardless of size,
• 2.0 each three bedroom regardless of size, and
• 3.0 each apartment greater than three bedrooms
The developer shall provide guest parking within 300 feet of each dwelling unit
townhouse, two family or multifamily dwelling. For townhouses and multi-family
dwellings, guest parking shall be provided at a rate of 10% of the overall parking
requirement and shall be on the same property as the multi-family or townhouse project.
The developer shall provide one bicycle rack (to accommodate three or more bicycles)
per residential building and at community facilities.
The developer shall provide sidewalks connecting all parking areas to residential and to
community buildings. Where the sidewalks cross driving aisles (driveways) cross walks
and/or alternate paving materials shall be installed by the developer.
Motion was made by Council Member Caskey, seconded by Council Member Sain
approving Ordinance 11,128. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,128
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 112 "OFF-STREET PARKING," SECTION
112-4 "MINIMUM REQUIREMENTS FOR SPACES" OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED
AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING
Page 7 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
d. Amending Section 26-102 of the Code, Urban Rehabilitation Standards
Review Board (URSRB) Organization-Planning and Development.
City Manager Garry Brumback presented Ordinance 11,129 that amended Section 26-
102(a) of the Code of Ordinances concerning the organization of the Urban
Rehabilitation Standards Review Board.
Ordinance 11,129 clarified the requirements for the Architect/Engineer position on the
Urban Rehabilitation Standards Review Board ("URSRB"). The prior ordinance required
licensing or registration for the Engineer or Architect, but set no such equivalent
licensing standards for other positions on the board. The amendment allows the
appointment of a person with a degree in architecture or engineering to serve on the
URSRB and will remove the standard for licensing or registration of either an Architect
or Engineer. The amendment also eliminates the requirement that persons appointed to
the URSRB be taxpayers.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 11,129. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 26 "COMMUNITY
DEVELOPMENT," ARTICLE II "URBAN REHABILITATION
STANDARDS," DIVISION 3 "REVIEW BOARD," SECTION 26-102
"ORGANIZATION," SUBSECTION (A) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE
COMPOSITION REQUIREMENTS OF THE BOARD; CONTAINING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Contract for Preliminary Engineering Review of 2007 Street Bond Program,
Year (2) Streets -Engineering.
Page 8 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
City Manager Garry Brumback presented Ordinance 11,130 that authorized the execution
of a Professional Services Contract for the preliminary engineering review of the 2007
Street Bond Program, Year 2 Streets. This professional services agreement with Costello,
Inc. is in an amount not to exceed$217,490.00. Such amount includes compensation for
engineering services in an amount not to exceed $189,525.00; compensation for
reimbursable expenses in an amount not to exceed $6,500.00; and additional services,
which include geotechnical, in an amount not to exceed $21,465.00.
The following streets have been selected in this investigative review:
• Hackberry(from Burnett to Meador),
• Bolster(from Bayless to Allman),
• South Hemlock(from Larch Cir. to Shirley),
• West Humble (from S. Whiting to S. Ashbel),
• Dale (from Adams to Sheridon),
• South Atlantic (from Chesapeake to Ontario),
• Larch St. (from Larch Cir. to Hemlock), and
• New Jersey (from Missouri to Kentucky).
The preliminary engineering review shall take approximately 90 calendar days from
notice to proceed.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Ordinance 11,130. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,130
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 PROFESSIONAL SERVICES AGREEMENT WITH COSTELLO,
INC., FOR THE PRELIMINARY ENGINEERING REVIEW OF THE
2007 STREET BOND PROGRAM, YEAR 2 STREETS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTEEN
THOUSAND FOUR HUNDRED NINETY AND NO/100 DOLLARS
($217,490.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 9 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
4. PROPOSED RESOLUTIONS
a. Limiting Tenure of Council Members on Municipal Development District -
Legal.
City Manager Garry Brumback presented Resolution 1990 that limited the tenure of City
Council members appointed to the Baytown Municipal Development District ("MDD")
to two years or until the expiration of their terms of office as a City Council member,
whichever occurs first.
The Board of Directors of the MDD is composed of the City Council members and four
residents of the City appointed by the City Council. Due to the Charter amendment
extending the City Council's terms of office, the terms of office of City Council members
and members of the MDD are no longer congruent. Specifically, MDD directors serve
two-year terms while City Council members serve three-year terms.
Resolution 1990 limited the tenure of City Council members serving on the MDD to the
shorter of the statutory two-year term or until the Council member ceases to hold office
as a member of the City Council.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Resolution 1990. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain,McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1990
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, LIMITING THE TENURE OF CITY COUNCIL
MEMBERS APPOINTED TO THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT ("MDD") TO TWO YEARS OR UNTIL
THE EXPIRATION OF THEIR TERMS OF OFFICE AS A CITY
COUNCIL MEMBER, WHICHEVER OCCURS FIRST; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 10 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
b. Grant Application for Energy Efficiency and Conservation Block Grant -
City Management.
City Manager Garry Brumback presented Resolution 1991 that authorized the City to
submit a grant application to the U.S. Department of Energy for the Recovery Act -
Energy Efficiency and Conservation Block Grant ("EECBG"). The City is eligible for
$672,300.00 through this formula grant program. Grants awarded under the EECBG
program can be used to help cities undertake environmentally-friendly initiatives,
develop and implement programs to conserve energy used in transportation (e.g.
infrastructure, such as bike lanes, pathways and pedestrian walkways) and to develop and
implement an energy efficiency and conservation strategy.
Cost-sharing (i.e. matching funds) is not required. The performance period for EECBG
grants is 36-months.
This formula grant is funded through the U.S. Department of Energy, National Energy
Technology Laboratory, Recovery Act, Funding Opportunity Number: DE-FOA-
0000013; CFDA Number: 81.128 Energy Efficiency and Conservation Block Grant
Program("EECGB").
Motion was made by Council Member Capetillo, seconded by Council Member
McCartney approving Resolution 1991. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain,McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO MAKE APPLICATION TO U.S.
DEPARTMENT OF ENERGY FOR THE RECOVERY ACT - ENERGY
EFFICIENCY AND CONSERVATION BLOCK GRANT IN AN
AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY-TWO
THOUSAND THREE HUNDRED AND NO/100 DOLLARS
($672,300.00); DESIGNATING AN AUTHORIZED PRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 11 of 25 Minutes of the June 1 1, 2009 City Council Regular Meeting
c. Grant Application for the 2009 H-GAC Livable Centers Study Grant — City
Management.
City Manager Garry Brumback presented Resolution 1992 that authorized the City to
apply for the 2009 H-GAC Livable Centers Study Grant.
On Tuesday, June 2nd, the City received notification of limited funding opportunities for
Houston-Galveston Area Council (H-GAC) Livable Center Studies. H-GAC is also
soliciting a list of future implementation projects that will be considered should
implementation funding become available. H-GAC anticipates funding two Livable
Center studies this round.
The deadline for application is June 30, 2009. Due to the short application window,
Resolution 1992 authorized the City Manager to apply for the H-GAC Livable Centers
grant in the following categories:
1. An application for study funding to create a Livable Center program for the Garth
Road corridor in the area bounded by Rollingbrook Drive on the south and Lynchburg -
Cedar Bayou on the north. This study will include such concepts as commercial/retail
access management, hike and bike trails to connect residential properties to shopping and
entertainment venues, general pedestrian improvements, incorporation of transit facilities,
street design and future land uses.
2. An application for future implementation of the Downtown Streetscape Master Plan in
additional areas not covered by the pilot project.
This grant requires a 20% local match plus a 3% TxDOT fee; if awarded, it is proposed
that the match be funded by the MDD under the "New and Expanded Businesses"
section.
Motion was made by Council Member Caskey, seconded by Council Member Sain
approving Resolution 1992. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE
Page 12 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
HOUSTON-GALVESTON AREA COUNCIL FOR THE 2009 H-GAC
LIVABLE CENTERS STUDY GRANT; AUTHORIZING A 20%
FUNDING MATCH AND A 3% TXDOT FEE; DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT
AWARD THAT MAY RESULT THEREFROM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Setting City Of Baytown FY 2009-2010 Budget Review Dates - City
Management.
City Manager Garry Brumback presented Resolution 1993 that scheduled Budget Work
Sessions for August 4, 5, and 6, 2009 at 2:00 P.M.
The City Charter requires the City Manager to submit the proposed budget to Council at
least 60 days prior to the beginning of the fiscal year. It is anticipated that the budget will
be delivered to the Council at the regular Council meeting on July 23, 2009.
In years past the Council has called a series of Work Sessions in early August to review
the budget and following last year's schedule, Special Work Sessions were called for on
August 4, 5 and 6 at 2:00 P.M. The review is generally completed in two days but the
third session is posted in advance in case the additional time is needed. Budget
discussions will continue during Regular Council meetings, including public hearings,
and culminating in the Council consideration for adoption on September 10, 2009.
The regular MDD meeting is Thursday, August 6, 2009 at 4:30 P.M.; therefore, if a Work
Session is held, it will need to recess or adjourn by 4:30 P.M.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving Resolution 1993 with the dates of August 5, 6, and 7. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CALLING SPECIAL COUNCIL WORK
SESSION MEETINGS TO BE HELD ON AUGUST 5, 6, AND 7, 2009,
AT 2:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL,
Page 13 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Grant Application for U.S. Department of HUD 2009-2010 Community
Development Block Grant(CDBG) Funds - Planning and Development.
City Manager Garry Brumback presented a proposed resolution that would have
authorized the City of Baytown to submit an application to the United States Department
of Housing and Urban Development for the 2009-2010 Community Development Block
Grant (CDBG) Budget as recommended by the Community Development Advisory
Committee.
The Community Development Advisory Committee (CDAC) is comprised of nine
concerned citizens appointed by City Council. CDAC is charged with preparing a
Community Development Block Grant budget recommendation for City Council's
consideration. Staff solicited funding proposals from local organizations for programs
designed to benefit low to moderate persons and areas in Baytown. There were 17
proposals reviewed totaling $2,019,160. The CDAC held two public hearings to hear
verbal requests and ask questions of the applicants. They held a subsequent meeting to
discuss the proposals and prepare a budget recommendation. On May 19, 2009, the
CDAC finalized their budget recommendations, which includes 13 programs totaling
$1,060,097.
Staff agreed with the presented recommendation. City Council makes the final decision
concerning the activities and level of funding contained in the CDBG budget, which will
be submitted as the 2009-10 CDBG Action Plan. The approval of the proposed resolution
authorized the application to the United States Depai intent of Housing and Urban
Development for the 2009-10 Community Development Block Grant funds and
designated the City Manager as the authorized representative to accept and affirm any
grant awarded as a result of the application. The City must submit an annual application
and proposed Action Plan to the United States Department of Housing and Urban
Development to receive the CDBG Entitlement grant.
Amount Budgeted& Source of Funding
FY09 CDBG Annual 830,967
Entitlement
Anticipated FY08 I163,812
Unexpended Funds
Anticipated FY09 Program
Income
65,318
i
Total Available 11,060,097
City Manager Brumback stated that due to a change made to the proposal by HUD, final
approval of said document could not take place at the current meeting,but that instead the
Page 14 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
proposal would be presented for final action at the July 23, 2009, City Council Meeting
after the mandates 30 day posting period has been completed.
5. CONSENT
A motion was made by Council Member Sheley, seconded by Council Member Sain
approving Consent Items: 5.a., 5.b., 5.c., 5.d., 5.e., 5.f., 5.g., 5.h., 5.i., 5.j., 5.k., and 5.1.
The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
a. Ordinance 11,131: Closeout of Garth Road and Independence Boulevard
Signalization Project- Engineering.
Ordinance 11,131 provided approval for final payment in the amount of $7,224.02 to
Pfeiffer & Son, LTD and accepts the Garth Road and Independence Boulevard
Signalization Project.
The final cost for the project was $144,480.45 and the original contract amount was for
$139,740.00. There was one Change Order totaling $4,740.45 for materials extending the
looped inductive vehicle detectors that activate the traffic signal heads. The scope of this
work included the materials and installation of mast arm poles, traffic signal heads,
looped inductive vehicle detectors, and a signalization control cabinet. The contractor
finished the work within schedule and the signal has been active since November 2008.
The workmanship was satisfactory.
ORDNANCE 11,131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE GARTH ROAD AND
INDEPENDENCE BOULEVARD SIGNALIZATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVEN
THOUSAND TWO HUNDRED TWENTY-FOUR AND 02/100
DOLLARS ($7,224.02) TO PFEIFFER & SON, LTD., FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Ordinance 11,132: Contract for Updating Master Drainage Plan for the City
of Baytown -Engineering.
Page 15 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
Ordinance 11,132 authorized a Professional Services Agreement with Klotz Associates,
Inc., to update the City of Baytown Master Drainage Plan in the amount not to exceed
$224,945. This includes $200,945.00, for engineering services; compensation for
reimbursable services in the amount not to exceed $9,000.00; and for Landscape
Consultant fees in the amount not to exceed $15,000.00.
The contract states that Klotz Associates, Inc. will conduct an update to the City of
Baytown Citywide Master Drainage Plan and will provide recommendations for
necessary, in order to accommodate the City's growth and future needs.
The plan will focus on sub-regional detention basins and other applicable improvements.
The plan will provide options to future developments to buy into sub-regional detention
basins and to avoid the proliferation of small on-site detention basins that take up
developable land and are not always built or maintained to provide benefits to the City of
Baytown or its citizens. The detention basins will be configured to serve as dual use
facilities where practical. The final report will complement the current edition of the
Baytown Comprehensive Drainage Plan dated February 2000.
The preliminary engineering review shall take approximately 365 calendar days from
notice to proceed.
ORDINANCE 11,132
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 PROFESSIONAL SERVICES AGREEMENT WITH KLOTZ
ASSOCIATES, INC., FOR AN UPDATE TO THE CITY OF
BAYTOWN MASTER DRAINAGE PLAN; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED TWENTY-FOUR THOUSAND NINE
HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($224,945.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Ordinance 11,133: Closeout of Public Works Storage Building Project -
Engineering.
Ordinance 11,133 provided approval for a final payment of $29,482.97 to Montgomery
Building Services, LLC, and acceptance the Public Works Maintenance Building Project.
The final cost for this project was $231,404.27 and the original contract was for
$220,500.00. Four change orders were executed administratively for a total of
$10,904.27. The change orders were to add additional ITS conduit, electrical additions
for a welding machine, saw cutting of existing slab to prevent cracking, and removal of
additional concrete from site.
Page 16 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
The scope of work included the construction of a 114' x 40' metal building. The
contractor went over the original contract by seventy-four (74) days; the original contract
duration was for one hundred and fifty (150) days. This was due to the Hurricane and
manpower issues. The contractor's workmanship was satisfactory.
ORDINANCE 11,133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE PUBLIC WORKS
MAINTENANCE BUILDING PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF TWENTY-NINE THOUSAND FOUR
HUNDRED EIGHTY-TWO AND 97/100 DOLLARS ($29,482.97) TO
MONTGOMERY BUILDING SERVICES, LLC, FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance 11,134: Annual Demolition of Commercial Structures Contract
#047-09 -Purchasing.
Ordinance 11,134 awarded the Annual Demolition of Commercial Structures Contract to
J.T.B. Services, Inc., in the amount of $400,000.00. Invitations to bid were sent to
twenty-four contractors, and six responses were received. This is a new and separate
contract from the Demolition of Residential Structures that was awarded last year.
The Planning and Development Services Depailment, Community Development
Division, will oversee all demolition of commercial structures for the City and a
minimum work order of 5,000 square feet will be packaged for the contractor to perform
demolition services. The City will pay an "adder fee" in addition to square footage costs
for any demolition package less than 5,000 square feet that the city requires on an
emergency basis.
J.T.B. Services is the current contractor for the successful demolition of residential
structures contract awarded last year. The criteria for award of the Commercial Structures
Demolition contract includes best value addressing previous work history and experience
with commercial demolition; past experience with the City of Baytown; pricing for
demolition; and, pricing for asbestos removal. Commercial Structures Demolition
includes all abatement removal. J.T.B. Services has performed excellent service for the
City in the past. One of the larger projects J.T.B. Services, Inc. performed was the
successful commercial demolition of the Taft Circle Apartments' Project.
ORDINANCE 11,134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES,
INC., FOR THE ANNUAL DEMOLITION OF COMMERCIAL
STRUCTURES CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, IN THE AMOUNT OF FOUR HUNDRED
Page 17 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
THOUSAND AND NO/100 DOLLARS ($400,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
e. Ordinance 11,135: Repeal Ordinance 11,117 and Reauthorize Purchase of(2)
Dodge Dually Trucks through Houston-Galveston Area Council (H-GAC) -
Purchasing.
Ordinance 11,135 repealed Ordinance No. 11,117 passed on May 14, 2009, which
authorized the purchase of two 2009 Dodge dually trucks from Planet Dodge through the
Houston-Galveston Area Council (H-GAC), and reauthorizes such purchase from Dallas
Dodge through HGAC. The cost of the two 2009 Dodge 3500 Dually D13L62 trucks
from Dallas Dodge through the Houston-Galveston Area Council (H-GAC)
totals $53,110.00. The H-GAC fee of$600.00 is assessed per each purchase order and is
included in the total amount.
Planet Dodge no longer has a contract with H-GAC and the new contract for Dodge
trucks is with Dallas Dodge. The sales representative from Planet Dodge erred by
submitting quotes on H-GAC paperwork without having the contract. All trucks to be
purchased are replacements and described in detail below:
I I
New Vehicle Amount Budgeted Acr9 Department Vehicle Replaced
2009 Dodge
13500, Diesel 1-
Ton Dually Parks/Motor Unit #592, 1998
D13L62 with $26,460 $35,000 50210-84043 Vehicles Chevy 2500 Pickup,
Gooseneck Mileage 70,726
hitch II �L
2009 Dodge I I Traffic Unit #101656, 2001
3500, Diesel 1- Control/ Chevy 3500 Flat bed
Ton Dually $26,050 $36,000 30210-84043
D13L62 with Motor Pickup, Mileage
lift gate 11 Vehicles 145,369
ORDINANCE 11,135
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING ORDINANCE NO. 11,117,
PASSED ON MAY 14, 2009, WHICH AUTHORIZED THE
PURCHASE OF TWO 2009 DODGE 3500 DUALLY D13L62 TRUCKS
FROM PLANET DODGE THROUGH THE HOUSTON-GALVESTON
AREA COUNCIL; REAUTHORIZING SUCH PURCHASES IN THE
AMOUNT OF FIFTY-THREE THOUSAND ONE HUNDRED TEN
AND NO/100 DOLLARS ($53,110.00) FROM DALLAS DODGE
THROUGH THE HOUSTON-GALVESTON AREA COUNCIL;
Page 18 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Ordinance 11,136: Renewal of the Annual Liquid Chlorine Contract #049-09
- Purchasing.
Ordinance 11,136 awarded the renewal of the Annual Liquid Chlorine Contract to Altivia
Corporation in the amount of $107,944.00. Altivia Corporation submitted a written
request to renew the current contract for the same pricing, terms, and conditions. Current
price per ton is $470.00. This contract is used for chlorination in the City of Baytown's
Wastewater Treatment Plants.
ORDINANCE 11,136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACT WITH ALTIVIA
CORPORATION FOR THE ANNUAL LIQUID CHLORINE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN
THOUSAND NINE HUNDRED FORTY-FOUR AND NO/100
DOLLARS ($107,944.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
g. Ordinance 11,137: Annual Repair Clamps Contract#035-09 -Purchasing.
Ordinance 11,137 awarded the Annual Repair Clamps Contract to Act Pipe & Supply in
the amount of$60,444.41. Invitations to bid were sent to six suppliers, and four responses
were received. This contract is used for water rehabilitation, water distribution, water
taps, and utility construction projects.
ORDINANCE 11,137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF ACT PIPE &
SUPPLY FOR THE ANNUAL REPAIR CLAMPS CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE
AMOUNT OF SIXTY THOUSAND FOUR HUNDRED FORTY-FOUR
AND 41/100 DOLLARS ($60,444.41); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
h. Ordinance 11,138: Approval of Advertising Budget of the Baytown Little
Theater- City Administration.
Page 19 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
Ordinance 11,138 approved the advertising budget of The Baytown Little Theater,
Incorporated(the "BLT") pursuant to its Agreement for Advertising Services with the
City of Baytown.
On November 13, 2008, the City Council approved an advertising agreement with the
BLT via Ordinance 11,008. Such agreement provides that BLT may receive hotel
occupancy tax revenues for qualified expenditures that are in a budget approved by the
City Council. At the time of the approval of the agreement, the BLT had not yet
submitted its budget. Resolution 11,138 approved the recently submitted budget as
expenses eligible for funding from the hotel occupancy tax revenues collected by the City
of Baytown.
ORDINANCE 11,138
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING THE BUDGET OF THE
BAYTOWN LITTLE THEATER, INCORPORATED, FOR
OPERATIONS TO BE FUNDED BY HOTEL OCCUPANCY TAX
REVENUES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
i. Ordinance 11,139: Community Development Block Grant Housing
Rehabilitation Projects 713 W. Nazro and 412 Casey-Planning and Development.
Ordinance 11,139 awarded the Housing Reconstruction Projects for 713 W. Nazro
and 412 Casey.
Ordinance 11,139 awarded two Housing Reconstruction Projects to MLG Construction
under the Owner-Occupied Housing Rehabilitation Program for low-income persons.
Notices of the bid package were published in the Baytown Sun and mailed directly to 20
contractors from the approved contractors list. Notices were also posted with
Construction Data, which is delivered to over 600 Houston area contractors. Five
contractors picked up the bid packages and attended the mandatory pre-bid
conference. Two of the contractors submitted a bid and one submitted a"no bid".
The Housing Reconstruction Project located at 713 W. Nazro was proposed in the
amount of$44,999.00 to construct a three bedroom, one bath, approximately 1095 square
foot, ADA-accessible home. The existing 1160 square foot home was built in 1935 and
required extensive repairs to make it code compliant. The work write-up estimated
$34,394.00 for repairs, which exceeds the program's $25,000.00 limit to make repairs.
Staff recommended that this building be demolished and rebuilt.
The Housing Reconstruction Project located at 412 Casey was proposed in the amount of
$44,999.00 to construct a three bedroom, one bath, approximately 1035 square
foot, ADA-accessible home. The existing 1196 square foot home was built in 1940 and
Page 20 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
required extensive repairs to bring it into code compliance. The work write-up estimate is
$80,860.00, which exceeds the program's $25,000.00 limit to make repairs. Staff
recommended that this building be demolished and rebuilt.
ORDINANCE 11,139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE
HOUSING RECONSTRUCTION PROJECT LOCATED AT 713 W.
NAZRO AND 412 CASEY TO MLG CONSTRUCTION COMPANY
FOR THE SUM OF EIGHTY-NINE THOUSAND NINE HUNDRED
NINETY-EIGHT AND NO/100 DOLLARS ($89,998.00);
AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Ordinance 11,140: WEB Emergency Operations Center Annual Agreement -
Emergency Management.
Ordinance 11,140 authorized an Interlocal Agreement with the Cities of LaPorte, Deer
Park, and Pasadena to share the annual licensing and operating costs for WEB
Emergency Operating Center in the amount of$2,205.00.
In late 2006, the Cities of Baytown, LaPorte, Deer Park, and Pasadena began the process
of securing Houston UASI grant funding to purchase WEB EOC software for these
communities. WEB EOC is a state-wide standard EOC operations and reporting software
that provides for a form of seamless interoperable communications between Cities,
counties and the state EOC. The grant was given to Pasadena for the purchase of WEB
EOC and the development and training program began just before hurricane season 2008.
Unfortunately the software was not yet ready for use in Hurricane Ike, but has now been
completed. Pursuant to the agreement, the City of Baytown will pay its fair, pro-rated
share of the annual reoccurring costs for the software.
This item was funded by a line item in the approved 2008/2009 Emergency Management
Budget.
ORDINANCE 11,140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL
AGREEMENT WITH THE CITIES OF LAPORTE, DEER PARK, AND
PASADENA TO SHARE THE ANNUAL LICENSING AND
OPERATING COSTS FOR WEB EMERGENCY OPERATING
CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT OF TWO THOUSAND TWO HUNDRED FIVE AND
NO/100 DOLLARS ($2,205.00); MAKING OTHER PROVISIONS
Page 21 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
RELATED THERETOAND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
k. Resolution 1994: Grant Application for Police Academy Equipment and
Training- Police Department.
Resolution 1994 authorized the City to apply for grant funds from the Criminal Justice
Division ("CJD") of the Texas Governor's Office for the purchase of Police Academy
equipment and tuition for instructor certification. This grant includes funding in the
amount of$349,859.01.
The items requested in this application will improve current facilities, enhance training
and add equipment and tools. By augmenting the technological and realistic aspects of
police training, officers will be better prepared to respond appropriately, professionally
and confidently to any given situation resulting in a higher level safety for both officers
and the public. Currently, the Academy trains law enforcement personnel from more
than 150 regional agencies from 46 different counties across Southeast Texas.
Since 2006, instructional services have been expanded with funds from a previously
awarded grant. If awarded additional monies through the current grant request, the
Academy will be able to increase those services and impact an even wider target area.
The Grant award does not require matching funds and award recipients will have
funds available for the Fiscal Year 10/01/2009 through 09/30/2010. This grant is funded
by the American Recovery and Reinvestment Act of 2009: Edward Byrne Memorial
Justice Assistance ("JAG")Formula Grant Program(Stimulus)
ORDINANCE 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE
CRIMINAL JUSTICE DIVISION OF THE TEXAS GOVERNOR'S
OFFICE FOR FISCAL YEAR 2009-10 GRANT FUNDS FROM THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE FORMULA
GRANT PROGRAM (STIMULUS) IN THE AMOUNT OF THREE
HUNDRED FORTY-NINE THOUSAND EIGHT HUNDRED FIFTY-
NINE AND 01/100 DOLLARS ($349,859.01); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT
AWARD THAT MAY RESULT THEREFROM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
1. Resolution 1995: Grant Application for U.S. EPA, Brownfields Assessment
Grant Program FY2010 - City Management.
Page 22 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
Resolution 1995 authorized the City of Baytown to submit a grant application to the U.S.
Environmental Protection Agency (EPA) for the FY2010 Brownfield's Assessment
Competitive Grant Program. A Brownfield is defined as real property that the expansion,
redevelopment or reuse of may be complicated by the presence,potential presence or
perception of a hazardous substance,pollutant or contaminant.
The goals of the Assessment Grant Program include identifying sites, planning activities,
completing environmental assessments and community outreach. If funded, the award
can be used for a variety of activities including:
• Site(s) inventory: Compile a listing
• Site(s) characterization: Identify past uses
• Site(s) assessment: Determine existing contamination
• Cleanup and Redevelopment Planning: Scope and plan process
• Community Involvement: Inform and encourage community participation
The EPA Brownfields Assessment Grant requires no local matching funds. Based on
EPA budget limitations, the City's grant request will not exceed $400,000.00. The
performance period for this grant is three years.
ORDINANCE 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR
THE FY2010 BROWNFIELDS ASSESSMENT COMPETITIVE
GRANT PROGRAM IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00);
DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. APPOINTMENTS
a. Baytown Municipal Development District(6) - City Clerk.
Considered six appointments to the Baytown Municipal Development District for a two
year term beginning on June 1, 2009 and ending on May 31, 2011 or until the
Mayor/Council Member ceases to hold office as a member of the Baytown City Council.
The Municipal Development District (MDD) appointment eligibility criteria established
by City Council states that a director must reside in the City of Baytown;
candidates with experience in economic development issues, real estate and/or business
Page 23 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
practices are preferred. The elected members of City Council serve along with four
citizens at large for two year terms.
There were (6) Directors being considered for reappointment and they are:
Director Lena R. Yepez is currently an elected member of the City Council and has
served as a member of the Board since June 06, 2007; her reappointment will have a term
of June 01, 2009 to May 31, 2011 or until she ceases to serve as a member of the Council.
Director Scott Sheley is currently an elected member of the City Council and has served
as a member of the Board since June 26, 2001; his reappointment will have a term of
June 01, 2009 to May 31, 2011 or until he ceases to serve as a member of Council.
Director Stephen H. DonCarlos is currently an elected member of the City Council and
has served as a member of the Board since May 25, 2006; his reappointment will have a
term of June 01, 2009 to May 31, 2011 or until he ceased to serves as a member of
Council.
Director Brandon Capetillo is currently an elected member of the City Council and has
served as a member of the Board since May 26, 2005; his reappointment will have a term
of June 01, 2009 to May 31, 2011 or until he ceased to serves as a member of Council.
Director Kirven Tillis is an at-large member and has served as a member of the Board
since March 12, 2009; his reappointment will have a term of June 01, 2009 to May 31,
2011.
Director Ruben Linares is an at-large member and has served as a member of the Board
since August 07, 2008; his reappointment will have a term of June 01, 2009 to May 31,
2011.
Motion was made by Council Member Sheley, seconded by Council Member Sain
reappointing Lena R. Yepez, Scott Sheley, Stephen DonCarlos, Brandon Capetillo,
Kirven Tillis, and Ruben Linares to the Baytown Municipal Development District. The
vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried
b. Urban Rehabilitation Standards Review Board (1) Engineer- City Clerk.
Considered appointing Mr. Michael Brosseau to the Urban Rehabilitation Standards
Review Board(URSRB) filling the position of Engineer.
Page 24 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
The Urban Rehabilitation Standards Review Board has seven members one of which is
required to be an Architect or an Engineer. This item is for the purpose of considering
appointing Michael Brosseau to the Urban Rehabilitation Standards Review Board
(URSRB) to the seat for Engineer.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
appointing Mr. Michael Brosseau to the URSRB position of Engineer. The vote was as
follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried
7. EXECUTIVE SESSION
a. Executive Session: Section 551.074 Personnel Matters.
7:21 P.M. Mayor DonCarlos recess the City Council into and conducted an Executive
Session Pursuant to Texas Government Code, Section 551.074 to deliberate the
evaluation and/or administration of duties of the City Manager, Deputy City Manager and
Assistant City Manager.
9:30 P.M. Mayor DonCarlos reconvened the open meeting of the City Council of the City
of Baytown and announced that in accordance with the Section 551.102 of the Texas
Open Meetings, Act, no action was taken in Executive Session.
8. MANAGER'S REPORT
City Manager Garry Brumback presented an update to the City of Baytown Legislative
Agenda and stated that the City of Baytown was very successful in this year's legislature
due in part to the assistance of Representative Wayne Smith and Senator Tommy
Williams. The Municipal Development District legislation was passed by the Texas
Legislature and is pending signature by Texas Governor Perry; approval was received for
the use of funds on the Veteran's Memorial Highway, which is also pending the
Governor Perry's signature and the two pieces of barge terminal legislation were not
successful,but overall a successful legislative session.
City Manager Brumback stated that Representative Smith has agreed to attend a City
Council meeting in July to recap the legislative session, which is a good opportunity to
thank him for his efforts and assistance.
Page 25 of 25 Minutes of the June 11, 2009 City Council Regular Meeting
9. ADJOURN
Motion was made by Council Member Sain, seconded by Council Member Caskey
adjourning the June 11, 2009, Regular Meeting. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain,McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
9:34 P.M. Mayor DonCarlos adjourned the Regular City Council Meeting of June 11,
2009.
Kaythie Darnell, City Clerk
City of Baytown