2009 08 13 CC Minutes, Revised MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
August 13, 2009
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
August 13, 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 August 13, 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 July 23, 2009.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving the minutes from the July 23, 2009, City Council Work Session and Regular
Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
Abstention: Council Member Brandon Capetillo
The motion carried.
Page 2 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Texas House Representative Wayne Smith - City Management.
City Manager Garry Brumback introduced and thanked Texas House Representative
Wayne Smith, District 128 for his support and assistance to the City of Baytown during
the 81st Texas Legislative Session.
Texas House Representative Wayne Smith thanked the City of Baytown for putting
together an agenda of requests to present to the legislature, which made it easier process
and support the needs of the City.
Mayor DonCarlos presented Representative Smith with a plaque on behalf of the City for
his support.
b. Parks and Recreation Department Annual Report-Parks and Recreation.
City Manager Garry Brumback stated that Ordinance No. 885 calls for the Parks and
Recreation Advisory Board to make an Annual Report to the City Council. Mr. Wayne
Gray, Chairman of the Parks and Recreation Advisory Board, presented the Annual
Report.
Mr. Gray presented the annual report and commended the success of the Bark Park and
the Kennel Club for working on small issues. Mayor DonCarlos thanked the Advisory
Board and Parks for their collective efforts in improving the quality of life in Baytown.
The Advisory Board approved the report at the August 05, 2009 meeting.
Mr. Scott Johnson, Director of Parks and Recreation fielded questions from Mayor and
Council related to the report and related programs.
c. Baytown Summer Track Team- Parks and Recreation.
City Manager Garry Brumback recognized the Baytown Summer Track Team members
and coaches.
The Youth Summer Track Program was again very successful this summer. The program,
coached by Mark Crooms and Shontele Williams was open to boys and girls ages 8 to 18.
The youth practiced 4 times a week at Goose Creek Memorial Stadium and participated
in weekly circuit track meets at several surrounding communities. The team hosted two
local track meets at Goose Creek Memorial Stadium with 12 teams from the region in
attendance.
All the participants competed in the local Hershey Track Regional Meet and the Texas
Amateur Athletic Federation (TAAF) Regional Meet. This year the team qualified 72
participants at the TAAF Regional Meet to go on to the State Games of Texas meet in
Page 3 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
San Antonio. Ten participants also qualified to go to the Hershey National Track Meet
held in Hershey, Pennsylvania. At the 2009 TAAF Games of Texas in San Antonio,
Texas the team received 2 gold medals, 10 silver medals and 2 bronze medals.
At the 2009 Hershey National Track Meet, the 10 member team brought home two 4th
place, one 5th place and one 6th place award. Of the 38 members of the Texas Team that
attended the Hershey National Track Meet, 10 were from our team. Mr. Johnson stated
that the Summer Youth Track Program was a very successful program that had grown
from the original 8 members to 138 members seven years later.
d. Citizen Communication: Debbie Griffin.
Ms. Debbie Griffin requested to speak before Council regarding the red light camera
program and litter from fast food establishments.
Ms. Griffin indicated that the red light camera program has improved her driving habits
and is impressed with the median beautification on West Baker Road and requests that
individuals be responsible for controlling the litter from their perspective areas.
e. Citizen Communication: K.M. Williamson.
Mr. K. M. Williamson requested to speak before Council regarding the collection of
bicycles for children this Christmas.
About three years ago, Mr. Williamson started the project Santa Claus at Pelican
Junction, which collects bicycles and distributes them to children for Christmas. He has a
gentleman with about 125-150 bicycles ready to go. He wanted to get the information out
to the citizens of the City and asked if the City of Baytown's Police Department would
donate the bicycles from the auction of 20" or smaller to this project. He will be storing
the bicycles at a facility on Bayway behind El Toro. The bicycles can be dropped off at
Mr. Williamson home, Lindsey's Garage or the facility on Bayway. Mr. Brumback
stated that staff would review what options were available to assist Mr. Williamson with
his program.
f. Recycled Art Class Presentation- City Management.
Mr. Sheley presented the Council with the Baytown Art League's Recycled Art Class. He
ran a class this summer with a focus on Art with recycled material. The President of the
Art Center commented on the improvements of the center and the summer program.
There were 40 students directed by Susan Urban. Mr. Sheley, who donated his time,
worked with a group of 1-3 graders. They developed a green Texas Avenue with the
inclusion of the old Oak Tree. Mr. Sheley thanked all who were involved in the success
of the program. On August 23 and 24 there will be highlights of these children on
Channel 39 the Houston Green Show with Yolanda Green.
Page 4 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
Mayor DonCarlos stated that Agenda Item 4.e. was to be taken out of order and presented
at this time.
4. e. Ordinance - Reimposing the City's 1% Sales and Use Tax on Residential Use
of Gas and Electricity- City Management.
Mayor DonCarlos stated that the Council, after further consideration decided to not
consider the proposed ordinance reimposes the City's 1% sales and use tax on the
residential use of gas and electricity as that considering the current economic situation,
now was not the time to consider any kind of tax increase. All members of the Council
concurred and supported said position.
Mike Beard and Reba Eichelberger both registered to address the Council in regards to
item 4.e. but did not speak.
Motion was made by Council Member McCartney, seconded by Council Member Sheley
denying the proposed Ordinance reimposing the City's 1% sales and Use Tax. The vote
was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
REIMPOSING THE CITY'S ONE PERCENT (1%) SALES AND USE
TAXES ON THE RESIDENTIAL USE OF GAS AND ELECTRICITY;
MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. PUBLIC HEARINGS
a. Public Hearing for Baytown Crime Control and Prevention District FY 2009-
10 Budget- City Management.
The public hearing was called to order by Mayor DonCarlos at 7:27 P.M.
Mayor DonCarlos conducted a public hearing regarding the fiscal year 2009-2010 budget
adopted by the Board of Directors of the Baytown Crime Control and Prevention District
(CCPD) and submitted to the City Council. The CCPD Board adopted the budget on July
14, 2009, and forwarded it to City Council on July 23, 2009.
Page 5 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
City Manager Garry Brumback summarized that this budget is dedicated primarily to the
personnel of the police department for the safety of the citizens. He indicated that the
proposed budget revenues are little over(1) million dollars and that the expenditures are a
little under(1) million.
Roy Timbs registered to address the Council in regards to item 3.a but did not speak.
There being no one desiring to speak Mayor DonCarlos closed the public hearing at 7:30
P.M.
b. Public Hearing for Baytown Fire Control, Prevention, and EMS District FY
2009-10 Budget- City Management.
The public hearing was called to order by Mayor DonCarlos at 7:30 P.M.
City Manager Garry Brumback summarized that the budget is dedicated primarily to
capital purchases to support the fire department. This budget has accumulated funds for
the fire training fields. Mr. Leiper indicated that the funds had to be reallocated from the
past two years to clean up. The Fire Training Facility is going through the master plan
stage and hopefully will start some infrastructure next week. Mr. Brumback will put in
the report of the other fire department news.
There being no one registered to speak Mayor DonCarlos closed the public hearing at
7:33 P.M.
4. PROPOSED ORDINANCES
a. Litter/Donation Box Ordinance-Health and EMS.
City Manager, Garry Brumback stated that the the proposed Ordinance establishes
standards for dumpsters, litter abatement in parking lots and regulating unmanned
donation collection bins. These standards include requiring commercial establishments
to provide and maintain waste receptacles outside their facilities and in the parking lots of
their establishments based on the number of parking spaces; clarifies that all dumpsters
must be screened from view and that all dumpsters have lids and doors properly fitted
and closed when not in use; provides a variance procedure for the screening requirement;
provides a twelve month compliance period for existing dumpsters not properly screened;
prohibits disturbing or removing contents of dumpsters; provides regulations for
permitting, maintenance and enforcement procedures concerning donation collection
bins.
The Baytown Chamber of Commerce requested this item be postponed for 2 weeks. Mr.
Brumback recommended to Council that this item be tabled until the next Council
meeting.
Page 6 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
Mr. Mike Beard registered to address the Council in regards to item 4.a. Mr. Beard stated
that his concern is that the consumer will be paying the price for human behavior and
made the following suggestions related to the ordinance: (1) to split the Ordinance into
two separate ordinance, in order to have (1) deal with the collection bins and (2) with the
litter, (2) to write an Ordinance to outlaw the recycling bins all together; allowing the
Health department to submit citations to litter violators, (3) to re-enforce existing litter
Ordinances, and (4) highly recommends that the large establishment and the City come
up with a voluntary program, not an Ordinance, to encourage the establishments to
become pro-active towards the litter problem.
Mr. Brumback stated that staff would present Council with an Ordinance at the next
meeting. Mr. Sheley and Mr. McCartney suggested involving the Beautification
Committee. Attorney Ignacio Ramirez stated that staff would review the possibility of an
outright ban of the donation bins and report back to Council.
A motion was made by Council Member McCartney, seconded by Council Member
Caskey to table this item until the next Council meeting on August 27, 2009. The vote
was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 34 "ENVIRONMENT,"
ARTICLE I "IN GENERAL" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A NEW DIVISION TO BE
NUMBERED AND ENTITLED DIVISION 1 "LITTERING" TO
PROHIBIT LITTERING WITHIN THE CITY AND TO REQUIRE
COMMERCIAL ESTABLISHMENTS TO MAINTAIN SUFFICIENT
RECEPTACLES FOR DEPOSITING SOLID WASTE; AMENDING
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE I "IN
GENERAL" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED
SECTION 42-1 "DONATION COLLECTION BINS" TO REGULATE
THE PLACEMENT AND MAINTENANCE OF DONATION
COLLECTION BINS WITHIN THE CITY; AMENDING CHAPTER 86
"SOLID WASTE," ARTICLE I "IN GENERAL" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD THREE NEW
SECTIONS TO BE NUMBERED AND ENTITLED SECTION 86-2
"DISTURBING OR REMOVING CONTENTS OF CONTAINERS,"
Page 7 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
SECTION 86-3 "LITTERING GENERALLY" AND SECTION 86-4
"PENALTIES; ENFORCEMENT" TO PROHIBIT DISTURBING OR
REMOVING CONTENTS OF CONTAINERS AND TO ESTABLISH
THAT DEPOSITING WASTE IN VIOLATION OF THE CHAPTER
CONSTITUTES LITTERING; AND AMENDING CHAPTER 86
"SOLID WASTE," ARTICLE III "COMMERCIAL SOLID WASTE,"
SECTION 86-131 "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO ADD A DEFINITION OF "DUMPSTER,"
AND SECTION 86-134 "UNLAWFUL MAINTENANCE OF WASTE"
TO REQUIRE SCREENING OF CERTAIN DUMPSTERS AND TO
PROVIDE A VARIANCE FOR SUCH SCREENING AND A
VARIANCE APPEAL PROCEDURE; CONTAINING 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 THE EFFECTIVE DATE THEREOF.
b. Crosby-Cedar Bayou Road and Needlepoint Agreement- Engineering.
City Manager, Garry Brumback stated that Ordinance No. 11,159 authorizes an Interlocal
Agreement with Harris County in the amount of $421,423.95 for the reconstruction of
Crosby Cedar Bayou and Needlepoint Roads. The reconstruction project includes Crosby
Cedar Bayou Road from Massey Tompkins Road to Sjolander Road and Needlepoint
Road from Sjolander Road to dead end near Cedar Bayou Stream.
Under the agreement, the County will perform the actual work. This will provide us a
cost-effective approach to improving City and County portions of roadways quickly and
with minimal inconvenience to the public. The City and County utilized the same type of
agreement for the reconstruction of Hunt Road last year. The project specifications have
been approved by our Engineering Department, who will also have inspectors on the job
to ensure the specifications are followed. This project is funded by the Street
Maintenance Sales Tax fund.
Motion was made by Council Member Caskey, seconded by Council Member McCartney
approving Ordinance No. 11,159. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Page 8 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
ORDINANCE NO. 11,159
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 HARRIS COUNTY FOR THE
RECONSTRUCTION OF CROSBY CEDAR BAYOU AND
NEEDLEPOINT ROADS; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED
TWENTY-THREE AND 95/100 DOLLARS ($421,423.95); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
c. Approve Reduction of Retainage and Periodic Payment for Northeast
Wastewater Treatment Plant Project- Engineering.
City Manager, Garry Brumback stated that Ordinance No. 11,160 authorizes a partial
release of retainage and a periodic payment to CSA Construction, Inc., for the Northeast
Wastewater Treatment Plant Project. Construction on the Northeast Wastewater
Treatment Plant is nearly complete. The contractor, CSA Construction, Inc. is currently
completing a few minor adjustments and minor punch list items. Final completion and
operation of all elements of the project are still several months away; however, the
biosolids (sludge) processing facilities cannot be started up and tested until the plant has
processed sufficient wastewater to grow the biosolids required to be processed.
In accordance with Baytown's standard contract documents, a retainage of 5% is held
until all items in the contract are completed and the punch list is corrected. The 5%
retainage held on this contract is currently $877,862.90. As the basins and equipment
have been in service and properly functioning for over 2 months the contractor is
requesting that the retainage be reduced. This sludge processing equipment not started up
is valued at about 6% of the total contract value of$17,646,713.00. Considering that the
project is substantially completed with the exception of the sludge processing, staff
recommends that the City Council authorize the retainage withheld is reduced from 5%to
1%. Based on the work completed, $175,849 will remain withheld from payments to
assure satisfactory completion of the project. A payment for work
completed of$27,374.49 during this period is added to the retainage release making the
total payment $729,664.81.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Ordinance No. 11,160. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
Page 9 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
The motion carried.
ORDINANCE 11,160
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING PAYMENT OF TWENTY
SEVEN THOUSAND THREE HUNDRED SEVENTY—FOUR AND
49/100 DOLLARS ($27,374.49) TO CSA CONSTRUCTION, INC., FOR
WORK PERFORMED CONCERNING THE NORTHEAST
WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING A
PARTIAL RELEASE OF RETAINAGE TO CSA CONSTRUCTION,
INC., FOR SAID PROJECT IN THE AMOUNT OF SEVEN HUNDRED
TWO THOUSAND TWO HUNDRED NINETY AND 32/100 DOLLARS
($702,290.32) TO CSA CONSTRUCTION, INC., FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
d. Amending Section 94-61 of the Code to Clarify Responsibilities Concerning
City Traffic Operations -Legal.
City Manager, Garry Brumback stated that Ordinance No. 11,161 amends Section 94-61
"Authority and duties of Traffic Engineer" of the Code of Ordinances, Baytown, Texas,
to clarify the responsibilities of the Director of Public Works with regard to traffic
operations.
This amendment is designed to alleviate any confusion which may exist due to the use of
the term "Engineer" and clarifies that the Director of Public Works is responsible for
overall traffic operations of the City. Additionally, when traffic engineering is necessary,
the City hires licensed Engineers in compliance with The Texas Engineering Practices
Act.
Motion was made by Council Member Sain, seconded by Council Member Caskey
approving Ordinance No. 11,161. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 11,161
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE II
"ADMINISTRATION," DIVISION 2 "ENFORCEMENT," SECTION
Page 10 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
94-61 "AUTHORITY AND DUTIES OF TRAFFIC ENGINEER" OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, TO CLARIFY THE RESPONSIBILITIES OF THE DIRECTOR
OF PUBLIC WORKS WITH REGARD TO TRAFFIC OPERATIONS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. PROPOSED RESOLUTIONS
a. Amending Resolution No. 1994, Edward Byrne Memorial Justice Assistance
Formula Grant-Legal.
City Manager, Garry Brumback stated that Resolution No. 2002 amends Resolution No.
1994, which authorized the City's 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 order to identify the
name of the project for which funding was requested.
Police Chief, Keith Dougherty stated that the City of Baytown had been successful with
this grant and had secured the monies for the Police Academy Training, Supplies and
Equipment Project.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving Resolution No. 2002. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 1994, PASSED
ON JUNE 11, 2009, WHICH AUTHORIZED THE CITY'S
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
ORDER (I) TO IDENTIFY THE NAME OF THE PROJECT FOR
WHICH FUNDING IS REQUESTED AS THE POLICE ACADEMY
TRAINING, SUPPLIES AND EQUIPMENT PROJECT, (II) TO
ACKNOWLEDGE NO MATCHING FUNDS ARE REQUIRED; (III) TO
Page 11 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
DESIGNATE THE FISCAL YEAR IN WHICH THE PROJECT WILL
BE OPERATED; AND (IV) TO PROVIDE FOR REPAYMENT IN THE
EVENT OF LOSS OR MISUSE OF GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
6. DISCUSSIONS
a. City of Baytown Fiscal Year 2009-2010 Proposed Budget- City Management.
City Manager, Garry Brumback presented the agenda item and stated that this item was a
follow-up to the budget work sessions held on August 5 and 6, 2009 and they relate to the
to the proposed City of Baytown 2009-10 Fiscal Year Budget. The Council briefly
reviewed the item and stated that they had no concerns or changes to the budget.
7. APPEALS
Mayor DonCarlos stated that Items 7.a and 7.b were tabled for the next regularly
scheduled City Council meeting on August 27, 2009.
8. CONSENT
A motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Consent Items: 8.a., 8.b., 8.c., 8.d., 8.e., 8.f., 8.g., 8.h., 8.i., 8.j., and 8.k. The
vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
a. Ordinance No. 11,162: Annual Demolition of Residential Structures Contract
#033-09 Renewal-Purchasing.
Ordinance No. 11,162 awards the first renewal of the Annual Demolition of Residential
Structures Contract to J.T.B. Services, Inc., in the amount of$200,000.00.
J.T.B. Services submitted a written request to renew the current contract for the same
pricing, terms and conditions; this contract does not include commercial demolition. The
Planning and Development Services Department, Community Development Division will
oversee all demolition of residential structures for the City. A minimum work order of
5,000 square feet will be packaged for the contractor to perform demolition services. The
5,000 square feet represents approximately 5 residential structures. 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, Inc., continues
Page 12 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
to provide excellent service and has recently been awarded the Annual Demolition of
Commercial Structures.
ORDINANCE NO. 11,162
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL DEMOLITION OF
RESIDENTIAL STRUCTURES CONTRACT WITH J.T.B. SERVICES,
INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
THE SUM OF TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Ordinance No. 11,163: Annual Hot-Mix Asphalt Contract #001-09 Renewal -
Purchasing.
Ordinance No. 11,163 awards the first renewal of the Annual Hot-Mix Asphalt Contract
to Century Asphalt Ltd., in the amount of$108,000.00.
Century Asphalt submitted a written request to renew the current contract for a 1.4%
decrease in price per ton; a new price of$53.24 per ton. The Public Works Department
picks up the hot-mix asphalt from the supplier's plant site for pothole patching, streets,
parking lots, and various other applications.
ORDINANCE NO. 11,163
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL HOT-MIX
ASPHALT CONTRACT WITH CENTURY ASPHALT LTD.,
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
SUM OF ONE HUNDRED EIGHT THOUSAND AND NO/100
DOLLARS ($108,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Ordinance No. 11,164: Annual Concrete Raising Contract#082-09 Renewal -
Purchasing.
Ordinance No. 11,164 awards the first renewal of the Annual Concrete Raising Contract
in the amount of$160,000.00 to Superior Grouting Services, Inc.
Superior Grouting Services, Inc., submitted a written request to renew the current
contract for a decrease in unit pricing of 1.4%; a new price per square foot of$2.51. This
contract provides concrete raising services for the purpose of eliminating swales,
birdbaths and related pavement failures on various concrete thoroughfares throughout the
Page 13 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
City. The contract requires the lifting and stabilizing for all thicknesses up to and
including six inches (6") of concrete pavements including curb and gutter, roadways, and
driveway aprons. Superior Grouting Services, Inc., continues to provide good service.
ORDINANCE NO. 11,164
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL CONCRETE
RAISING CONTRACT WITH SUPERIOR GROUTING SERVICES,
INC., AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
THE SUM OF ONE HUNDRED SIXTY THOUSAND AND NO/100
DOLLARS ($160,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Ordinance No. 11,165: Annual Installation & Repair of Traffic Signal
Equipment#048-09 Renewal-Purchasing.
Ordinance No. 11,165 awards the second renewal of the Annual Installation and Repair
of Traffic Signal Equipment Contract to Southwest Signal Supply, Inc., in the amount of
$133,600.00.
Southwest Signal Supply, Inc., submitted a request to renew the contract for another term
for the same pricing, terms and conditions. The majority of services will be for new
installation, trouble shooting, minor and major repairs which cannot be performed in-
house, preventative maintenance, rebuilding of traffic signals, and emergency repairs.
Southwest Signal Supply, Inc., continues to maintain excellent service.
ORDINANCE NO. 11,165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION
AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT
WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX
HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Ordinance No. 11,166: Annual Gasoline & Diesel Fuel Contract #024-09 -
Purchasing.
Ordinance No. 11,166 awards the fourth renewal of the Annual Gasoline and Diesel Fuel
Contract to Oil Products Distribution, Ltd., in the amount of$2,039,413.58. Oil Products
Page 14 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
Distribution, Inc., submitted a written request to exercise their renewal option for another
term for the same profit margin.
Last year, due to the high cost of fuel, the contract was renewed early to avoid exceeding
the allowable awarded total. The original awarded contract amount is $1,631,530.87.
The new award total includes a 25% increase to the original contract to allow for the
fluctuation in usage and pricing in the market. The price per gallon of fuel is based on the
daily Oil Publication Information Sheet (OPIS) price per gallon delivered. Currently, the
City's contract is for flat OPIS (+or-zero) margin. If the City were to go out for bid rather
than renew, the OPIS profit margin would most likely be plus OPIS, which would
increase fuel costs considerably. The market for fuel is volatile and freight costs for fuel
transport have increased considerably since initiation of this contract. The City of
Baytown's portion of this contract is $956,995.19. There is no guarantee which direction
the market will go; however, it would be in the best interest of the City to maintain the
flat OPIS profit margin.
The City of Baytown may terminate this contract with proper notice at any time and go
out for bid. The awarded total includes all taxes and environment fees for all entities
(City of Baytown, Goose Creek ISD, Barbers Hill ISD, Lee College, and City of
Seabrook) included in the Interlocal Contract for fuel.
ORDINANCE NO. 11,166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACT OF OIL
PRODUCTS DISTRIBUTION, LTD., FOR THE ANNUAL GASOLINE
AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF TWO MILLION
THIRTY-NINE THOUSAND FOUR HUNDRED THIRTEEN AND
58/100 DOLLARS ($2,039,413.58); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
f. Ordinance No. 11,167: Annual Tire and Tube Contract #055-09 Renewal -
Purchasing.
Ordinance No. 11,167 awards the fourth renewal of the Annual Tire and Tube Contract to
JMB Tire and Appliance Company, Sections I-Police Tires, and IV and VI-Heavy Truck
Tires and Tubes, in the amount of$77,237.57; and to Fuller Tire Company; Sections II-
Passenger, Light Trucks, Medium Trucks, and Trailer Tires and Tubes; and Section III-
Off-Road Tires and Tubes; in the amount of $32,143.73; total contract award is
$109,381.30.
Both companies submitted written requests to renew their contract for the same terms and
conditions. Both companies offer assorted brands of tires the majority of which are
Goodyear tires. Each company notified the City to anticipate pass-thru price increases
Page 15 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
from Goodyear. The original contract award is $87,505.04. The new awarded total
includes a 25% increase to the original contract due to increased quantities and
anticipated pass-thru increases to tires from Goodyear. Both companies continue to
provide excellent service.
ORDINANCE NO. 11,167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF JMB TIRE
AND APPLIANCE COMPANY AND FULLERS TIRE COMPANY,
INC., FOR THE ANNUAL TIRE AND TUBE CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF ONE HUNDRED NINE THOUSAND THREE HUNDRED
EIGHTY-ONE AND 30/100 DOLLARS ($109,381.30); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Ordinance No. 11,168: Community Development Block Grant Housing
Rehabilitation Projects 319 W. Republic and 1420 Hawthorne - Planning and
Development.
Ordinance No. 11,168 awards two Housing Reconstruction Projects to Southwest
Innovations, Inc., 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 26
contractors from the approved contractors list. Notices were also posted with
Construction Data, which is delivered to over 600 Houston area contractors. Ten
contractors picked up the bid packages and attended the mandatory pre-bid conference;
two of the contractors submitted a bid and two submitted a"no bid".
The Housing Reconstruction Project located at 319 W. Republic is proposed in the
amount of $48,127.50 to construct a three bedroom, one bath, approximately 1035-
square-foot home. The existing 1434-square-foot home was built in 1950 and requires
extensive repairs to make it code compliant. The work write-up estimate is $43,823 for
repairs, which exceeds the program's $25,000 limit to make repairs. This structure should
be demolished and rebuilt.
The Housing Reconstruction Project located at 1420 Hawthorne is proposed in the
amount of $48,127.50 to construct a three bedroom, one bath, approximately 1035-
square-foot home. The existing 1086-square-foot home was built in 1945 and requires
extensive repairs to bring it into code compliance. The work write-up estimate is $35,320,
which exceeds the program's $25,000 limit to make repairs. This structure should be
demolished and rebuilt.
Page 16 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
ORDINANCE NO. 11,168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE
HOUSING RECONSTRUCTION PROJECT LOCATED AT 319 W.
REPUBLIC AND 1420 HAWTHORNE TO SOUTHWEST
INNOVATIONS, INC., FOR THE SUM OF NINETY-SIX THOUSAND
TWO HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($96,255.00);
AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
h. Ordinance No. 11,169: Memorandum of Understanding with Baytown Area
Water Authority for Ike, CDBG-Planning and Development.
Ordinance No. 11,169 authorizes a Memorandum of Understanding between the Baytown
Area Water Authority (BAWA) and the City of Baytown to cooperate in the development
and implementation of BAWA's project(s)under the IKE CDBG Program.
Pursuant to the MOU, the City agrees to apply to the Texas Office of Rural Community
Affairs (the "ORCA") for the Texas Community Development Block Grant Program
2008 Supplemental Disaster Recovery Fund; Hurricanes Dolly and Ike (the "IKE
CDBG") to address non-housing public infrastructure that was damaged or failed to
function during Hurricane Ike and to mitigate future disaster events. If any proceeds are
awarded under the Ike CDBG, the City will allocate and distribute the proceeds of the
IKE CDBG to BAWA for eligible projects in accordance with federal law and the
application to the IKE CDBG. BAWA will assume ownership and responsibility for
long-term maintenance and operation of the eligible projects for which funds from the
IKE CDBG will be used.
ORDINANCE NO. 11,169
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 A
MEMORANDUM OF UNDERSTANDING WITH THE BAYTOWN
AREA WATER AUTHORITY (BAWA) ALLOWING THE CITY OF
BAYTOWN TO IMPLEMENT BAWA'S PROJECT(S) UNDER THE
IKE CDBG PROGRAM; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
i. Ordinance No. 11,170: Closeout of Northeast Wastewater Treatment Plant
Off-Site Phase II Project. -Engineering.
Ordinance No. 11,170 approves the release of retainage and final payment in the amount
of$36,766.21 to Huff& Mitchell, Inc., and accepts the Northeast Wastewater Treatment
Plant Off-Site Phase II Project.
Page 17 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
The original contract was awarded to Huff& Mitchell, Inc. for $724,645.00. The project
totaled $664,074.20; this was a cost savings of$60,570.80. The project consisted of the
installation of an 8" diameter force main and a 18" and 21" gravity sewer line from the
Pinehurst Lift station to the Northeast Waste Water Treatment Plant. The contractor
finished the project with satisfactory workmanship. The project was substantially
completed within the contract time. Completion has been delayed due to coordination
with the railroad for a crossing repair and for the startup of the Northeast Wastewater
Treatment Plant.
ORDINANCE NO. 11,170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE NORTHEAST
WASTEWATER TREATMENT PLANT OFF-SITE PHASE II
PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
THIRTY-SIX THOUSAND SEVEN HUNDRED SIXTY-SIX AND
21/100 DOLLARS ($36,766.21) TO HUFF & MITCHELL, INC., FOR
SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
j. Ordinance No. 11,171: Approve Change Order for Old Court and Jail
Facility Renovation Project-Engineering.
Ordinance No. 11,171 authorizes Change Order #3 with Hull & Hull, Inc., for the Old
Court and Jail Facility Renovation Project in an amount not to exceed $10,000.00.
The Change Order includes the installation of a UL level bullet resistant wall and pass
through window at the new public lobby for the patrol division. The original contract was
for $292,820.00, and two change orders have been administratively executed for a total of
$17,045.99; bringing the contract total before this change order to $309,865.99. The total
contract including Change Order No. 3 will be $319,865.99. In addition, we recommend
adding 14 calendar days to the project to allow for product arrival and installation.
ORDINANCE NO. 11,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH
HULL & HULL, INC., FOR THE OLD COURT AND JAIL FACILITY
RENOVATION PROJECT; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED TEN
THOUSAND AND NO/100 DOLLARS ($10,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 18 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
k. Resolution No. 2003: 2009 Houston High Intensity Drug Trafficking Area
(HIDTA) Grant- Finance.
Resolution No. 2003 authorizes the City of Baytown to apply to Office of National Drug
Control Policy (ONDCP) for a 2009 grant for the Houston High Intensity Drug
Trafficking Area (HIDTA) Program and authorizes the City Manager to take all actions
necessary to implement the grant.
On June 26, 2008, Council approved an application for a grant from the ONDCP in
connection with the HIDTA Program for 2008. This agreement is substantially the same
as the agreement currently in effect. The proposed grant totals $765,802.00 for program
administrative costs plus allowable indirect costs to the City of Baytown. The Police
Department is acting as the agent for this federal project. The Deputy Coordinator
provides review of the Houston HIDTA funded initiatives and travels to other HIDTA(s)
to review their administrative procedures in order to provide guidance for developing
effective procedures for the Houston HIDTA. Funds are available through the Office of
National Drug Control Policy. This program will be funded 100% by the Federal
Government and matching City funds are not required. This will be the fifteenth year of
the program.
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG
CONTROL POLICY (ONDCP) FOR A 2009 GRANT FOR THE HIGH
INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE
AMOUNT OF SEVEN HUNDRED SIXTY-FIVE THOUSAND EIGHT
HUNDRED TWO AND NO/100 DOLLARS ($765,802.00);
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.
9. MANAGER'S REPORT
a. Baytown Online Auction Update - City Manager.
City Manager, Garry Brumback stated that the City of Baytown online auction
process has been in effect since April 2008 with six auctions conducted to date. Those
auctions have netted back to the City a total of$206,898.51.
Page 19 of 19 Minutes of the August 13, 2009 City Council Regular Meeting
10. ADJOURN
Motion was made by Council Member Sheley, seconded by Council Member Caskey
adjourning the August 13, 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.
Mayor DonCarlos adjourned the Regular City Council Meeting of August 13, 2009 at
8:05 P.M.
Leticia Garza, Interim City Clerk
City of Baytown