2009 07 09 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
July 09, 2009
The City Council of the City of Baytown, Texas met in a Regular Meeting on Thursday,
July 09, 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:
Lena Yepez Council Member
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
Ignacio Ramirez City Attorney
Leticia Garza Interim City Clerk
Mayor DonCarlos convened the July 09, 2009, Regular Meeting with a quorum present at
6:30 P.M.
Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Sain.
1. MINUTES
a. Approve Minutes of the City Council Work Session and Regular Meeting
held on June 25, 2009 – Interim City Clerk.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving the minutes from the June 25, 2009, City Council Work Session and Regular
Meeting. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
Abstention from vote: Council Member Lena Yepez.
The motion carried.
Page 2 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
2. PROPOSED ORDINANCES
a. Grant Application for Community Development Block Grant Disaster
Recovery for Critical Public Infrastructure Projects - Planning and Development.
City Manager Garry Brumback presented the agenda item.
Ordinance 11,144 repealed Sections 2, 3 and 4 of Ordinance No. 11,090, passed on
March 26, 2009, regarding the City of Baytown’s participation in the Harris County
Consolidated Region Community Development Block Grant (CDBG) Disaster Recovery
Program to the extent that the same authorizes participation in the HCCR CDBG Disaster
Recovery Program for Round 1 Funding; authorizes the City Manager to make
application to the Texas Office of Rural Community Affairs (ORCA) for the 2008
Disaster Recovery Funds for non-housing activities for critical public infrastructure
projects; and authorizes amendment of the critical public infrastructure projects adopted
in Ordinance No. 11,090.
The City of Baytown previously authorized a Memorandum of Understanding (MOU)
and list of critical public infrastructure projects for the participation in the application and
distribution of Hurricane Ike Disaster CDBG Funds with Harris County. On June 23,
2009, Harris County announced that the City must apply for and receive a direct
allocation from ORCA for the 2008 Disaster Recovery Funds for Non-Housing
Activities. As such, the City must sever the relationship with Harris County for the
purpose of non-housing disaster recovery funds (Round 1 funding only) and make
application directly to ORCA by July 31, 2009.
Ordinance 11,144:
1. repealed Sections 2, 3, and 4 of Ordinance No. 11,090, passed on March 26, 2009,
regarding the participation in the Harris County Consolidated Region CDBG Disaster
Recovery Program,
2. authorized the City to submit a grant application to ORCA for the 2008 Disaster
Recovery Funds for non-housing activities for critical public infrastructure projects, and
3. authorized the Mayor and/or City Manager to amend critical public infrastructure
projects as may be required by ORCA for compliance with the application requirements
and/or for expedited implementation of the same.
Ken Ammons, registered to address Council regarding agenda item 2.a. Shawnee Hobbs,
Shirley Martin, Joe Weger, Ken Elliott, and Karen Cronk all registered to address the
Council regarding item 2.a. and rendered their minutes to Mitchell Peirce.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance 11,144. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Page 3 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Nays: None.
The motion carried.
ORDINANCE 11,144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING SECTIONS 2, 3 AND 4 OF
ORDINANCE NO. 11,090, PASSED ON MARCH 26, 2009,
REGARDING THE CITY OF BAYTOWN’S PARTICIPATION IN THE
HARRIS COUNTY CONSOLIDATED REGION COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) DISASTER RECOVERY
PROGRAM TO THE EXTENT THAT THE SAME AUTHORIZES
PARTICIPATION IN THE HCCR CDBG DISASTER RECOVERY
PROGRAM FOR ROUND 1 FUNDING; AUTHORIZING THE CITY
MANAGER TO MAKE APPLICATION TO THE TEXAS OFFICE OF
RURAL COMMUNITY AFFAIRS (ORCA) FOR THE 2008 DISASTER
RECOVERY FUNDS FOR NON-HOUSING ACTIVITIES FOR
CRITICAL PUBLIC INFRASTRUCTURE PROJECTS; AUTHORIZING
AMENDMENT OF THE CRITICAL PUBLIC INFRASTRUCTURE
PROJECTS ADOPTED IN ORDINANCE NO. 11,090; 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
b. Award Construction Contract for 2009 Annual Sanitary Sewer
Rehabilitation Project - Engineering.
City Manager Garry Brumback presented the agenda item.
Ordinance 11,145 awarded the 2009 Annual Sanitary Sewer Rehabilitation Project to PM
Construction & Rehab, L.P. and authorized payment up to the annual budget amount of
$1,000,000.00. Four bids were publicly opened on June 23, 2009, with the apparent low
bidder being PM Construction & Rehab, L.P. with a bid of $926,572.00. The scope of
work includes sanitary sewer rehabilitation work primarily utilizing the pipe bursting
method, but will also include some removal and replacement by the open trench method
as needed. The initial construction duration for this project is one calendar year. The
contract is for an initial term of one year, with the option for an extension of the same for
an additional two years separated in one year intervals under the same terms, conditions,
and unit prices as expressed in the contract.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Ordinance 11,145. The vote was as follows:
Page 4 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,145
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY
MANAGER AND INTERIM CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH PM CONSTRUCTION & REHAB,
L.P., FOR THE 2009 SANITARY SEWER REHABILITATION
PROJECT; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO
EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. PROPOSED RESOLUTIONS
a. CenterPoint's Revised Discretionary Charges Rate Schedule - Legal.
City Manager Garry Brumback presented the agenda item and City Attorney Ignacio
Ramirez reported the details.
Resolution 1997 responded to the application of CenterPoint Energy Houston Electric,
LLC, to revise certain discretionary charges; suspends the effective date for another
ninety days; authorizes the setting of interim rates; authorizes the City to participate in a
coalition of cities known as the Texas Coast Utilities Coalition ("TCUC"); authorizes the
hiring of counsel and experts through TCUC; requires the reimbursement of costs; and
authorizes the City's intervention as part of TCUC at the Public Utility Commission of
Texas in Docket No. 37105.
On or about June 12, 2009 CenterPoint Energy Houston Electric, LLC, filed a request to
revise certain discretionary service charges, like the charges for connection,
disconnection and reconnection of electric service. The change in these charges are in
response to an order issued by the Public Utility Commission (“Commission”) dealing
with Advanced Meter Services. The order was issued in December of last year. The same
application that was filed with the City was also filed with the Commission and has been
docketed as Docket No. 37105.
CenterPoint set August 1, 2009 as the effective date for the new charges. However, it is
unlikely that the Commission is going to have a final order issued by that date. Given that
fact it is appropriate to suspend the effective date in the application filed with the City.
Page 5 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Without a suspension it possible the rates which would go into effect in the City could be
different than the rates adopted by the Commission at a later point in time. The City also
needs additional time to analyze the reasonableness of the requested rates. For both of
these reasons the effective date should be suspended for ninety days as provided by the
Public Utility Regulatory Act.
It is recommended that the City set interim rates and that the interim rates shall be the
rates as filed with the City on June 12, 2009. The interim rates would allow the
reductions to go into effect immediately upon the adoption of the resolution. If it turns
out later that the Commission sets a lower rate than the interim rates then the City will be
able to adopt a final decision which will be consistent with those rates. Further, by setting
interim rates the City does not have to give up its original jurisdiction over the rate-
making process.
On June 12, 2009, CenterPoint filed an application to change certain discretionary service
charges just like it did with the City. The Commission has original jurisdiction over areas
outside of cities located within its service territory. In order to insure that the rates and
charges are system-wide and not discriminatory among customers it is important that the
City intervene at the Public Utility Commission (PUC). Furthermore, for efficiency
purposes, all discovery is handled in the proceeding at the Commission. The City will
need to participate in the discovery process at the Commission in order to make the
appropriate recommendation to the City for the final adoption of the discretionary service
charges.
Previously, a coalition of cities in CenterPoint’s service territory have come together to
form the Texas Coast Utilities Coalition, or TCUC for short. Baytown, Pearland, League
City, Clute, Shoreacres, Freeport and Wharton have been active in the coalition. This
coalition allows the member cities to more effectively and efficiently consolidate their
efforts and resources in responding to CenterPoint’s rate request. Each city will designate
a city official to serve on the Steering Committee of TCUC, and that committee will
direct special counsel and rate experts. These experts and special counsel are paid for by
CenterPoint pursuant to state law. It is recommended that the coalition continue to hire
the law firm of Herrera & Boyle, PLLC and employ such experts as are appropriate to
respond to the application.
Carlton Porter registered to address Council regarding agenda item 3.a.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving Resolution 1997. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
Page 6 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
RESOLUTION 1997
A RESOLUTION BY THE CITY OF BAYTOWN, TEXAS,
RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY
HOUSTON ELECTRIC, LLC TO REVISE CERTAIN
DISCRETIONARY CHARGES; SUSPENDING THE EFFECTIVE
DATE FOR ANOTHER NINETY DAYS; AUTHORIZING THE
SETTING OF INTERIM RATES; AUTHORIZING THE CITY TO
PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE
TEXAS COAST UTILITIES COALITION ("TCUC"); AUTHORIZING
THE HIRING OF COUNSEL AND EXPERTS THROUGH TCUC;
REQUIRING THE REIMBURSEMENT OF COSTS; AUTHORIZING
THE CITY'S INTERVENTION AS PART OF TCUC AT THE PUBLIC
UTILITY COMMISSION OF TEXAS IN DOCKET NO. 37105;
MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED
TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Grant Application for Houston-Galveston Area Council FY2010 Solid Waste
Implementation Grant - City Administration.
City Manager Garry Brumback presented the agenda item.
Resolution 1998 authorized the City of Baytown to apply for the FY2010 Houston-
Galveston Area Council (H-GAC) Solid Waste Implementation Grant.
On July 16, 2009, the Houston-Galveston Area Council (H-GAC) made public a request
for applications for the FY2010 Solid Waste Implementation Grant Program. The
purpose of this program is to support the implementation of regional and local waste
management efforts that are consistent with H-GAC solid waste management plans.
Through this program, local governments within H-GAC's 13-county region will receive
pass-through financial assistance from the Texas Commission on Environmental Quality
(TCEQ) for a variety of projects. Support through this program may be used toward
personnel, travel, supplies, equipment, construction, contractual, project-applicable
indirect costs, and to implement other projects.
Resolution 1998 authorized the City Manager to apply for funds through this grant
opportunity on behalf of the Public Works Department for the replacement of the
following at the Baytown Green Center:
Page 7 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Entrance Gate: Two (2) eight foot (8') chain link gates with rolling attachments;
Exit Gate: One (1) twenty-foot (20') solar powered sliding gate; and
Exit Fencing: Replacement of approximately seventy-five feet (75') of eight foot (8')
shadow box, wood security fencing.
The cost estimate for this project is $25,000.00.
The grant does not require a match; however, the City will voluntarily commit a match of
twenty percent (20%) of the total project cost to increase the chances of receiving award.
The deadline for this grant application is Friday, July 17, 2009 at 12:00 p.m.
Motion was made by Council Member Caskey, seconded by Council Member Yepez
approving Resolution 1998. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1998
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
HOUSTON-GALVESTON AREA COUNCIL FOR THE FY2010 H-
GAC SOLID WASTE IMPLEMENTATION GRANT; AUTHORIZING
UP TO A 20% FUNDING MATCH; 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
Agenda Item 4.f. followed agenda item 3.b.
4. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Consent Items: 4.a, 4.b., 4.c., 4.d., 4.e., and 4.f with the changes to item 4.f.
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Page 8 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Nays: None.
The motion carried.
a. Ordinance 11,146: Purchase 300kW Generator for the Health Department -
Purchasing.
Ordinance 11,146 authorized the purchase of one (1) Cummins Industrial Diesel 300 kW
generator for the Health Department in the amount of $60,457.00 to Bowers Generator
Systems through the USA General Services Administration (GSA). This replaces the
generator which stopped running during Hurricane Ike and is not repairable.
Section 833 of the John Warner National Defense Authorization Act for fiscal year 2007
(P.L. 109-364) amended 40 U.S.C 502 to authorize the use of all Federal Supply
Schedule contracts by state and local government entities for the purchase of products
and services that will be used to facilitate recovery from presidential declared major
disasters, terrorism, or nuclear, biological, chemical, or radiological attacks. The City of
Baytown qualifies as a state and local government entity and, as such, is qualified to
make purchases under the GSA Disaster Recovery Program. Specifically, state and local
government entities may use GSA Schedule contracts to purchase products and services
in advance of a major disaster declared by the president as well as in the aftermath of an
emergency event. State and local government entities are responsible for ensuring that
the products or services purchased are to be used to facilitate recovery.
The use of GSA schedule contracts as an alternate purchasing method satisfying the
City’s competitive bidding obligations.
ORDINANCE 11,146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY
THOUSAND FOUR HUNDRED FIFTY-SEVEN AND NO/100
DOLLARS ($60,457.00) TO BOWERS GENERATOR SYSTEMS
THROUGH THE DISASTER RECOVERY PROGRAM OF THE
UNITED STATE’S GENERAL SERVICES ADMINISTRATION FOR
THE PURCHASE OF ONE (1) CUMMINS INDUSTRIAL DIESEL 300
KW GENERATOR FOR THE CITY’S FACILITIES LOCATED AT 220
W. DEFEE STREET, BAYTOWN, TEXAS; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Ordinance 11,147: Purchase and Installation of Furniture for Patrol Division
Renovation - Purchasing.
Page 9 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Ordinance 11,147 authorized the purchase and installation of furniture for the patrol
division renovation from the Hon Company, through the State Comptroller of Public
Account's Texas Multiple Award Schedule (TXMAS) in the amount of $51,169.57.
TXMAS is an alternate purchasing method which converts federal contracts for state use.
As a member of the State of Texas CO-OP Purchasing Program, the City is also able to
purchase off such contracts, thus satisfying the City's competitive bidding obligations.
ORDINANCE 11,147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-
ONE THOUSAND ONE HUNDRED SIXTY-NINE AND 57/100
DOLLARS ($51,169.57) TO THE HON COMPANY THROUGH THE
STATE COMPTROLLER OF PUBLIC ACCOUNT'S TEXAS
MULTIPLE AWARD SCHEDULE (TXMAS) FOR THE PURCHASE
AND INSTALLATION OF FURNITURE FOR THE PATROL
DIVISION OF THE POLICE DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 11,148: Authorize Payment for Audit Services for Fiscal Year
Ending September 30, 2009 - Finance.
Ordinance 11,148 authorized payment for audit services for fiscal year ending September
30, 2009, to Belt Harris & Associates, LLLP, in an amount not to exceed
$101,689.00; this is the third year of the three-year contract.
ORDINANCE 11,148
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING PAYMENT FOR FINANCIAL
AUDITING SERVICES TO BELT HARRIS & ASSOCIATES, LLLP, IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED ONE THOUSAND
SIX HUNDRED EIGHTY-NINE AND NO/100 DOLLARS
($101,689.00) PURSUANT TO THE FIRST AMENDMENT TO THE
AGREEMENT FOR FINANCIAL AUDITING SERVICES WITH BELT
HARRIS & ASSOCIATES, LLLP; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Ordinance 11,149: Debris Monitoring Standby Contracts - Emergency
Management.
Ordinance 11,149 authorized the City Manager to negotiate and execute up to two no-
upfront cost standby contracts for Emergency Debris Monitoring Services. Such services
will be utilized to monitor the removal and disposal of disaster debris from the streets,
lands, ditches, and shorelines after a hurricane or other disaster.
Page 10 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
The City requested formal proposals (RFP) for these services, related equipment, and
emergency support services in a public notice published on April 14, 2009 and April 27,
2009; on May 21, 2009, the Purchasing Division opened the sealed proposals from four
respondent contractors, all of which met the conditions of the RFP.
A three person review committee reviewed all of the proposals and recommended them
for negotiation toward securing as many standby contracts as the City could reasonably
execute. Their recommendation was to secure at least two stacked contractors to monitor
and supervise the clearing of streets and public lands and then to monitor the removal and
disposal of potentially millions of cubic yards of demolished trees, building materials,
hazardous wastes, furniture, and vehicles from Baytown after any disaster, particularly a
hurricane. These contracts require the contractor to validate each load, provide daily,
weekly and monthly reconciliation reports and billing statements, and establish quantity-
based pricing for services.
FEMA requires executed contracts to monitor the removal of disaster debris from city
streets, lands, and waterways; must be publicly advertised and awarded to ensure
competition and fair pricing. By complying with FEMA requirements, the City remains
eligible for post-disaster financial assistance in the amount of up to 75% of eligible costs
in the aftermath of a presidential declared disaster.
The contracts executed would be eligible for activation upon the declaration of a state of
emergency by the Mayor, City Manager, or Emergency Management Coordinator in
accordance with Chapter 22 of the Baytown City Code.
There will be future similar ‘standby’ contract requests for post-disaster services to assist
city staff in responding to and recovering from disasters; examples of future contracts
may include: restoration of public buildings, emergency fuel, temporary weather proofing
of buildings, emergency inspection services, and other services and supplies.
This agenda item and requested approval will enable the City to provide for the
monitoring and validation of the removal and disposal of post-disaster debris and to
comply with FEMA requirements, in order to remain eligible for federal reimbursements
in the aftermath of a declared disaster.
ORDINANCE 11,149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE UP TO 2 NO-UPFRONT-COST,
STANDBY CONTRACTS FOR EMERGENCY DEBRIS
MONITORING SERVICES, RELATED EQUIPMENT AND SUPPORT
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 11 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
e. Ordinance 11,150: Municipal Development District Interlocal Agreement for
Youth Sports League Improvement Projects - Parks and Recreation.
Ordinance 11,150 authorized an interlocal agreement with the Baytown Municipal
Development District for the District to fund an amount not to exceed $100,000.00 for
improvement projects at the various sports facilities of the City.
The agreement will provide funding for development projects, which will include, but not
be limited to, the following:
• East Little League Park (10th Street) new handicap ramp - $25,000;
• Five Foot and Sixteen Foot Fence and Backstop (fabric only) (North LL) -
$19,500;
• Replace Backstop Fence at East Little League (Tenth Street) - $8,000;
• Jenkins Park Spectator Area (Concrete) - $22,200;
• Replace Fence in front of dugouts at Central LL Park - $3,250; and
• several other small projects that will improve the youth league facilities.
The MDD approved this agreement at its meeting on July 2, 2009.
ORDINANCE 11,150
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING
IMPROVEMENT PROJECTS AT THE VARIOUS SPORTS
FACILITIES WITHIN THE DISTRICT’S BOUNDARIES; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Agenda Item 4.f. followed agenda item 3.b.
f. Resolution 1999: Reschedule October 22, 2009 City Council Meeting to
October 19, 2009 - City Management.
Resolution 1999 canceled the October 22, 2009 City Council Regular Meeting and call
for a Special Meeting on Monday, October 19, 2009.
The Texas Municipal League Annual Conference will take place from October 20 - 23,
2009 in Fort Worth, Texas. The City Council traditionally reschedules the second
meeting in October from Thursday to Tuesday, in order to allow Council Members to
attend the conference beginning on the second day. This item is brought to Council well
in advance to accommodate the conference registration and hotel deadlines.
RESOLUTION 1999
Page 12 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL
MEETING TO BE HELD ON OCTOBER 22, 2009, AT 6:30 P.M. IN
THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON
OCTOBER 19, 2009, AT 6:30 P. M. IN THE COUNCIL CHAMBERS
OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5. APPOINTMENTS
a. Board of Adjustment - City Clerk.
Considered (4) reappointments and (1) appointment to the City of Baytown Board of
Adjustment for a two year term beginning on July 28, 2009 and ending on July 27, 2011.
The Zoning Board of Adjustment is a five (5) member Board appointed by City Council
to two year terms to hear and consider requests for variances and appeals under the
Baytown Zoning Ordinance.
The terms for Members Jim Coker, Kay Carmon, Mike Wilson, Bobby Lintelman and
Gilbert Santana are set to expire on July 27, 2009. Mr. Wilson, Mr. Lintelman, Mr.
Santana and Ms. Carmon seek reappointed for a term through July 27, 2011.
Mr. Coker does not seek reappointment; leaving one vacancy.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
reappointing Kay Carmon, Mike Wilson, Bobby Lintelman, and Gilbert Santana to the
Board of Adjustments. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried
b. Election of Mayor Pro Tem - City Council.
Considered the election of the 2009-2010 Mayor Pro Tem for the Baytown City Council.
Section 15 of the Charter of the City of Baytown provides that the Council shall elect a
Mayor Pro Tem who shall act as Mayor during the absence or disability of the Mayor
and, if a vacancy should occur, shall become Mayor until the next regular election. A
Page 13 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
copy of the Mayor Pro Tem guidelines, adopted by the City Council in 2006 was
attached.
Motion was made by Council Member Sheley, seconded by Council Member Sain
electing Lynn Caskey as Mayor Pro Tem for the Baytown City Council. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried
6. MANAGER’S REPORT
a. Hurricane Status Report - Emergency Management.
City Manager Garry Brumback presented the agenda item and Director of Emergency
Management Mr. Bill Vola presented the updated status report.
Mr. Vola stated the City is ahead of where we were last year and the staging area for staff
is relocated to the new Memorial High School. There are additional pre need contracts
being worked on such as emergency food and the restoration of City facilities.
There was a discussion on the improvement of evacuating the elderly from nursing
homes. Mr. Vola stated that we have little enforcement authority. Mr. Brumback
mentioned that there was not much success in getting the legislature to support cities in
the evacuation process. He also stated that an ordinance will be brought back to Council
addressing specific nursing home issues.
7. ADJOURN
Motion was made by Council Member Yepez, seconded by Council Member McCartney
adjourning the July 09, 2009, Regular Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
Page 14 of 14 Minutes of the July 09, 2009 City Council Regular Meeting
Mayor DonCarlos adjourned the Regular City Council Meeting of July 09, 2009 at 8:35
P.M.
______________________________
Leticia Garza, Interim City Clerk
City of Baytown