2009 09 24 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
September 24, 2009
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 24, 2009, at 6:36 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
Karen Horner Assistant City Attorney
Leticia Garza Interim City Clerk
Keith Dougherty Sergeant at Arms
Mayor DonCarlos convened the September 24, 2009, Regular Meeting with a quorum
present at 6:36 P.M.
Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Yepez.
1. MINUTES
a. Approve Minutes of the City Council Work Session and Regular Meeting
held on September 10, 2009- City Clerk.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving the minutes from the September 10, 2009, City Council Work Session and
Regular Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 2 of 32
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Years of Service Awards - City Management.
City Manager, Garry Brumback recognized employees for their years of service to the
City of Baytown(5, 10, 15 plus years).
10 YEAR:
Jeffrey Kelly, EMS Supervisor
20 YEAR:
Suzanne Tallent,Utility Billing Collections Manager
40 YEAR:
Bernard Olive, Assistant Fire Chief
Mayor DonCarlos presented Mr. Olive with an award from the United Congressional
Records and United States House of Representative on behalf of State Representative
Gene Green. Former Mayor Pete Alfaro presented his appreciation to Mr. Olive for his
years of service under his term as Mayor.
b. Employee and Team of the Month of August- City Management.
City Manager, Garry Brumback recognized the August Employee and Team of the
Month.
AUGUST EMPLOYEE OF THE MONTH
Mr. Terry Lindsey was recognized for his outstanding work in taking the initiative to
accept responsibility for the building demolition program and the Urban Rehabilitation
Standards Board that includes the Vacant Building Ordinance. He developed forms,
implemented new procedures, and even added a monthly report to the URSRB agenda, in
order to keep the board fully informed about the status of the work they ordered. He also
worked with Frost Bank to provide customer friendly solutions to their demolition issues
and even though demolition work is full of conflict and stress for customers, people have
nothing but compliments on how helpful Terry is. The City is proud to call him an
employee of the month since he so well exemplifies the City's core values.
CITY OF BAYTOWN TEAM OF THE MONTH FOR AUGUST 2009
This month's winners were submitted by a citizen to Administration. The
Streets/Drainage and Utilities crew worked as a team to repair a broken water line and
reconstruct the driveway. The two crews showed great teamwork when they came
together to get the job done. This work was performed in the hottest part of the day, with
physical endurance sometimes digging in water up to their waist. The crews showed a
desire to not only do a good job, but to do the best job possible. Their competence
allowed them not only to make the necessary repairs to restore the driveway but they
Minutes of the September 24, 2009 City Council Regular Meeting Page 3 of 32
repaired the surrounding areas of the yard that were also in need of repair. They
exemplified a high level of service and integrity by completing the task in a very
professional manner. They were respectful of the needs of the citizen and demonstrated it
by their dedication and hard work to get the job done as quickly as possible. Both crews
joined together to become one team and displayed the core values of the City of
Baytown.
c. Youth Advisory Commission School Survey- Council Member Scott Sheley.
Council Member Sheley presented the agenda item and stated that this survey will be
distributed to all businesses and eight grade through high school students in Baytown; the
survey can be accessed on the City of Baytown's website.
Mayor DonCarlos thanked Mr. Sheley, the Chamber, Economic Development
Foundation,the schools and Lee College for their participation with this document.
3. REPORTS
a. Receive Tourism and Bayou Bowl Report- Chamber of Commerce.
Ms. Traci Wheeler presented the Annual Tourism and Bayou Bowl Reports from the
Baytown Chamber of Commerce. The Bowl included: a celebrity golf tournament held at
Goose Creek Country Club, the hosting of the 3rd fan fest held at San Jacinto Mall, the
player's banquet held at Memorial High School with about 270 people, a bowl ring to
each player, autographed footballs to coaches and players, profit plus water bottles, food
catered by local restaurant Roosters, and the Bayou Bowl Tailgate Blowout held at
Bridgewater hosted by the Highlands and Baytown Go Texan Committee. The Bayou
Bowl week activities include: check in on Tuesday with greetings from the cheerleaders
with bags prepared by the Chamber and snacks for the week; photo shoots and media day
was also on Tuesday; McDonalds provided breakfast daily; the Baytown Shrine Club fed
them once during the week; players attended Schlitterbauhn; both teams toured the
Shriners Hospital in Houston on Thursday; Executive Catering, a local restaurant,
catered the Pregame dinner that was held on Saturday at the San Jacinto Mall; and the
West Chambers County Chamber hosted lunch at the Eaglepoint Wavepool. The Bayou
Bowl booked 100 rooms for five nights for the players and coaches impacting the City of
Baytown of more than $500,000. Room tax alone generated some $3,000 in sales tax
which will be given back to the City. In addition, sales tax generated from other retail
facilities were approximately $6,000 given a total of$9,000 in sales taxes.
Ms. Wheeler indicated that the tourism center received visitors from all over the state and
other countries. A presentation along with the new updated brochure for the City of
Baytown as also presented. The brochure won 1st place as the best brochure in the State
of Texas through the Texas Chamber of Commerce Executives Association and has been
distributed throughout the state. The Baytown is a great place to live ad was advertised 8
times through the Bayou Bowl Game on Fox Sports Network. The tourism center
provided information on various local activities in the City of Baytown. A Tourism
Minutes of the September 24, 2009 City Council Regular Meeting Page 4 of 32
Advisory Board was developed and meets quarterly to promote new ideas for the area.
The tourism director position has been vacant since July and interviews are in progress.
The proposed budget for 2010 is $60,000 which includes the salary for the tourism
director. During the slide presentation, Ms. Wheeler indicated that the tourism website
also won 1st place through the Texas Chamber of Commerce Executives Association. Ms.
Wheeler indicated the possibility of providing trained volunteers, through the Chamber of
Commerce, for the new visitor's center.
b. Unified Land Development Code (ULDC) Task Force Update - ULDC Task
Force Member.
Ms. Brenda Bradley Smith presented the Unified Land Development Code (ULDC) Task
Force update and stated that the task force compiled a work program and citizen
participation schedule, in order to increase citizen participation, and proposed the
following meeting dates to be held in different areas of the City on October 29,
November 05, 10, 17, and 19, 2009.
4. PROPOSED ORDINANCES
a. Donation Collection Bin Ordinance-Health and EMS.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,192 amended Chapter 42 "Health and Sanitation," Article I "In General" of the Code
of Ordinances, Baytown, Texas, to prohibit "un-manned" outdoor donation collection
bins within the City. Pursuant to the ordinance, no outdoor donation collection bins may
locate within the City after the effective date of the ordinance. The only exceptions are
those donation collection stations that are staffed and for newspaper recycling collection
bins.
Under Ordinance No. 11,192 all existing bins must be removed within 30 days after
written notice is given to the property owner as well as to the collection bin operator if an
address is noted on the bin. If the donation collection bins are not timely removed, the
City will remove them and hold them for a period of time before disposing of the bin and
its contents.
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving Ordinance No. 11,192. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 5 of 32
ORDINANCE NO. 11,192
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, 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 PROHIBIT THE PLACEMENT OF
DONATION COLLECTION BINS WITHIN THE CITY; 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. Adopting the Tax Rate for Fiscal Year 2009-10 - Finance.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,193 adopts the tax rate for General Fund Maintenance and Operations at $0.45700 per
$100 valuation for the fiscal year ending September 30, 2010 and adopting the tax rate
for Debt Service at $0.33003 per$100 for the fiscal year ending September 30, 2010.
The City's tax rate consists of the following two components; each of which must be
approved separately:
1. the rate that, if applied to the total taxable value will impose the amount of taxes
needed to fund maintenance and operation expenditures of the City for the next year; and
2. the rate that, if applied to the total taxable value, will impose the amount of taxes
needed to pay debt service.
Ordinance No. 11,193 adopts the tax rate for General Fund Maintenance and Operations
at $0.457 per $100 valuation for the fiscal year ending September 30, 2010, and adopts
the tax rate for Debt Service at $0.33003 per $100 for the fiscal year ending September
30, 2010. These rates are unchanged from fiscal year 2008-09.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving Ordinance No. 11,193. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 6 of 32
ORDINANCE NO. 11,193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING THE RATE AND TAX LEVY FOR
GENERAL FUND MAINTENANCE AND OPERATION AND DEBT
SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2010, UPON ALL TAXABLE PROPERTY
IN SAID CITY OF BAYTOWN IN ACCORDANCE WITH THE LAWS
OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS AND
ORDINANCES OF SAID CITY; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
c. Collective Bargaining Agreement with the International Association of
Firefighters Local 1173 - City Management.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,194 amends the Collective Bargaining Agreement with the International Association
of Firefighters Local 1173. The three-year Collective Bargaining Agreement (CBA)
approved in 2007 calls for the re-opening of the agreement annually to establish wages
for the upcoming year.
The bargaining sessions were conducted solely by City staff and local Union
representatives. Only three bargaining sessions were necessary to reach agreement on the
limited scope of items discussed. The City's bargaining team was City Attorney Ignacio
Ramirez, Civil Service Legal Advisor Ford Hamilton and Deputy City Manager Bob
Leiper.
The proposed CBA has been ratified by the membership in the Baytown Professional
Firefighters Association. The proposed CBA keeps salaries for members in the
bargaining unit the same as in 2008-09 unless other city employees not covered by the
CBA receive an across-the-board raise. If such across-the-board raise is given to
employees not covered by the collective bargaining unit, then the civil service employees
subject to the CBA will also receive an across-the-board increase of the same
percentage. Employees below the classification of Assistant Chief will receive
any across-the-board increase as a part of their base salaries. Employees in the
classification of Assistant Chief will receive any such across-the-board increase as a one-
time classification pay, not an increase to base salary, as the base salary of Assistant
Chiefs are currently above market according to a recent survey conducted by the City and
the Union. Increases under the agreement will be given at the same time that increases
are given to other City employees.
Minutes of the September 24, 2009 City Council Regular Meeting Page 7 of 32
City Manager Brumback commended the commitment and leadership of Fire Chief Shon
Blake and International Association of Firefighters Local 1173 President Mark Medrano
in ensuring that the bargaining process was a true and fair collaborative effort.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Ordinance No. 11,194. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 11,194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT
TO THE COLLECTIVE BARGAINING AGREEMENT FOR
OCTOBER 1, 2007 — SEPTEMBER 30, 2010, BETWEEN THE CITY
OF BAYTOWN, TEXAS, AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Authorize Final Offer for 220 W. Pearce and Proceedings in Eminent
Domain - City Management.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,195 authorizes the City Attorney to take the actions necessary to acquire the property
located at 220 W. Pearce Street from Ronnie G. Hill and/or Herlinda Gerlindo for a
development project, including making a final offer and instituting a proceeding in
eminent domain in the event that the offer is refused or ignored.
The property is necessary for one or more development projects in the Texas Avenue
area. The City has been working to obtain the property, but such efforts have been
unsuccessful largely because the owner is unable to convey clear title. As such, this
proposed ordinance allows the City Attorney to take actions necessary to acquire the
property through proceedings in eminent domain, which will resolve the title issues
involved in this transaction.
The City has obtained a summary appraisal of the property, on which a fourplex
apartment building is located, and will offer the owner the amount for which the property
is appraised, which is $84,000.
Minutes of the September 24, 2009 City Council Regular Meeting Page 8 of 32
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Ordinance No. 11,195. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 11,195
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY ATTORNEY TO
MAKE A FINAL OFFER FOR AND ON BEHALF OF THE CITY OF
BAYTOWN TO THE OWNER OR OTHER PARTIES IN INTEREST
FOR THE ACQUISITION OF 220 W. PEARCE STREET, BAYTOWN,
HARRIS COUNTY, TEXAS, WHICH IS REQUIRED FOR THE
DEVELOPMENT OF ONE OR MORE DEVELOPMENT PROJECTS IN
THE TEXAS AVENUE AREA; REQUIRING THAT SUCH OFFER BE
ACCEPTED WITHIN FIFTEEN DAYS; DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN
THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
e. Amendment No. 2 to the Agreement with Harris County for Circulator Bus
Service- City Management.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,196 authorizes Amendment No. 2 to the Interlocal Agreement with Harris County for
the Circulator Bus Service in the City of Baytown. Under the proposed amendment, an
additional route is included in the circulator bus service program and the City agrees to
contribute an additional $23,000 for this additional route; Lee College is also contributing
funding for the local transit service expansion.
This route is similar to the "Ike Route" that was used after the hurricane to assist residents
in getting to the FEMA and Social Service agencies. After the approval of this agreement
by Harris County Commissioners Court signage will be installed.
Minutes of the September 24, 2009 City Council Regular Meeting Page 9 of 32
Motion was made by Council Member McCartney, seconded by Council Member Sheley
approving Ordinance No. 11,196. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 11,196
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AMENDMENT NO. 2 TO THE
INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR
CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Intersection Improvements for Market Street at Wisconsin Street Project -
Engineering.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,197 awards a construction contract for Intersection Improvements for Market Street at
Wisconsin Street to D&W Contractors, Inc. in the amount of$59,555.00.
This project will realign this intersection to make Wisconsin intersect Market Street at a
90 degree angle, thus improving safety and traffic flow; the project has a duration of 45
calendar days. The City received eight bids; staff and Midtown Engineers, the
engineering firm for the project, recommend that the bid be awarded to D & W
Contractors, Inc.
Motion was made by Council Member Caskey, seconded by Council Member Sheley
approving Ordinance No. 11,197. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 10 of 32
ORDINANCE NO. 11,197
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 D&W CONTRACTORS, INC., FOR
THE INTERSECTION IMPROVEMENTS FOR MARKET STREET AT
WISCONSIN STREET PROJECT; AUTHORIZING PAYMENT OF A
SUM OF FIFTY-NINE THOUSAND FIVE HUNDRED FIFTY-FIVE
AND NO/100 DOLLARS ($59,555.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Purchase of Speed Alert Equipment and Software - Purchasing.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,198 authorizes the purchase of two (2) Speed Alert Trailers, four (4) Pole-mounted
Speed Sentries, four (4) Solar Panels, one (1) PDA (Personal Digital Assistant) and (1)
PDA Application Software for the Traffic Department in the amount of $57,660 to All
Traffic Solutions, a division of Intuitive Control Systems, LLC,through the USA General
Services Administration (GSA). All speed alert equipment and software is funded by the
Red Light Camera Traffic Safety Program.
The Local Preparedness Acquisition Act (P.L. 110-248) amended the Federal Property
and Administrative Services Act to authorize the use of Federal Supply Schedule 84
contracts by state and local entities under the GSA Cooperative Purchasing Program.
The General Services Administration Acquisition Manual, Part 538.7001, defines state
and local government as: The States of the United States, counties, municipalities, cities,
towns, townships, tribal governments, public authorities, school districts, colleges, and
other institutions of higher education, council of governments, regional or interstate
government entities. By this definition the City of Baytown qualifies as a state and local
government entity and, as such, is qualified to participate in the GSA Cooperative
Purchasing Program.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance No. 11,198. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 11 of 32
ORDINANCE NO. 11,198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-
SEVEN THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS
($57,660.00) TO ALL TRAFFIC SOLUTIONS, A DIVISION OF
INTUITIVE CONTROL SYSTEMS, LLC, THROUGH FEDERAL
SUPPLY SCHEDULE 84 OF THE UNITED STATE'S GENERAL
SERVICES ADMINISTRATION FOR THE PURCHASE OF TWO (2)
SPEED ALERT TRAILERS, FOUR (4) POLE-MOUNTED SPEED
SENTRIES, FOUR (4) SOLAR PANELS, ONE (1) PDA (PERSONAL
DIGITAL ASSISTANT) AND ONE (1) PDA APPLICATION
SOFTWARE FOR THE TRAFFIC DIVISION OF THE PUBLIC
WORKS/UTILITIES DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
h. Depository Services Contract-Finance.
City Manager, Garry Brumback presented the agenda item and stated that Ordinance No.
11,199 authorizes the City Manager to negotiate and execute a depository services
contract with JP Morgan Chase Bank.
Requests for proposals for bank depository services were mailed to seven (7) local
financial institutions. Three of the institutions submitted responses to the City and one
no-bid was received. The proposals were very competitive and all met the minimum
qualifications. The main factor that set the bidders apart was cost.
After careful evaluation, JP Morgan Chase Bank was the recommended financial
institution for the three-year contract period. JP Morgan Chase has the sophistication and
depth of services that will enable the City to stay current with ever changing banking
trends. The Finance Committee met on July 21, 2009, and approved this
recommendation. The proposed agreement is expected to contain two one-year renewals
that allow the City to extend the contract for a total period of five years as allowed by
state law.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 11,199. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Minutes of the September 24, 2009 City Council Regular Meeting Page 12 of 32
ORDINANCE NO. 11,199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A DEPOSITORY SERVICES
CONTRACT WITH JP MORGAN CHASE BANK; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
5. PROPOSED RESOLUTIONS
a. Adopting an Industrial District Agreement Policy- City Management.
City Manager, Garry Brumback presented the agenda item and stated that Resolution No.
2007 repeals Resolution Nos. 1584 and 1585 and establishes a new Industrial District
Policy together with a new Industrial District Agreement form.
The City of Baytown has 30 active Industrial District Agreements (IDAs). These seven-
year contracts provide payment in lieu of taxes in exchange for non-annexation of the
industrial property. Every seven years the City Council approves a new Industrial District
policy and form of agreement that becomes the model as existing agreements expire or
new agreements are executed. The proposed IDA policy is similar to the current policy
that became effective in 2002. The key revisions are:
1. The IDA "tax" rate will increase from 60% to 63% over the seven year life of the
agreement.
2. A new 1% Beautification fee will be implemented and will be available for rebate
to the company for approved beautification projects. If not utilized for site
beautification, the funds will be available for use by the City on public
beautification projects.
3. The "base value" concept will continue with the value set at the higher value of
January 1, 2002, January 1, 2009 or the date on which a contract is executed. This
base value allows for predicable revenue for the City for the term of the contract
and also encourages economic development since added value is not taxed until
the next contract period.
The first contract that would be renewed under the revised IDA policy would be
ExxonMobil whose contract expired in July 2009; the remainder of the contract renewals
are staggered throughout the seven year period with Chevron Phillips renewing in 2010
and Bayer renewing in 2012.
Motion was made by Council Member Caskey to amend the agreement presented and
that the base rate be increased 1% each year and change the language from beautification
to public civic improvement, seconded by Council Member McCartney. The vote was as
follows:
Minutes of the September 24, 2009 City Council Regular Meeting Page 13 of 32
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
Mayor DonCarlos requested that Mr. Calvin Mundinger to speak before Council
regarding agenda this item. Former Mayor Mundinger stated that IDA's were a crucial
part of the City of Baytown budget, history and stability and asked Council to use good
judgment when negotiating a fair agreement with these industries.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Resolution No. 2007 as amended. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1584 AND
1585 ADOPTED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN ON APRIL 24, 2003; ESTABLISHING AN INDUSTRIAL
DISTRICT POLICY APPLICABLE TO COMPANIES THAT HAD AN
INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF
BAYTOWN IN EFFECT ON JULY 26, 2009; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
b. Supporting Amendments to the Hotel/Motel Tax Legislation - City
Management.
City Manager, Garry Brumback presented the agenda item and stated that Resolution No.
2008 supports the introduction and passage of legislation amending the Texas Tax Code
to permit the City of Baytown and the cities in Texas to utilize hotel/motel tax revenues
for the improvement and maintenance of recreational facilities and for the support of fire,
emergency medical and police services.
The guests and occupants of the hotels and motels in the City of Baytown use and create
demand on the recreation facilities of the City and also generate demands upon the fire,
medical and police services of the City. As such, a percentage of the local hotel/motel
Minutes of the September 24, 2009 City Council Regular Meeting Page 14 of 32
occupancy tax received by the City should be able to be allocated to maintain recreational
facilities of the City and to ensure that the local fire, medical and police protection
agencies are adequately funded in order to provide for the additional public safety needs
of the hotels/motels, their guests and occupants
Motion was made by Council Member McCartney, seconded by Council Member Caskey
approving Resolution No. 2008. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 2008
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SUPPORTING THE INTRODUCTION AND
PASSAGE OF LEGISLATION AMENDING THE TEXAS TAX CODE
TO PERMIT THE CITY OF BAYTOWN AND OTHER CITIES IN
TEXAS TO UTILIZE HOTEL/MOTEL TAX REVENUES FOR THE
IMPROVEMENT AND MAINTENANCE OF RECREATION
FACILITIES AND FOR THE SUPPORT OF FIRE, EMERGENCY
MEDICAL, AND POLICE SERVICES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Grant Application to Lowe's Charitable and Education Foundation - Parks
and Recreation.
City Manager, Garry Brumback presented the agenda item and stated that Resolution No.
2009 authorizes the City to apply for grant funds from the Lowe's Charitable and
Education Foundation Grant Program in the amount of$25,000 for the Reconstruction of
the Children's Nature Discovery Area at the Baytown Nature Center.
Resolution No. 2009 authorizes the City to apply for grant funds on behalf of the Parks &
Recreation Department from the Lowe's Charitable and Education Foundation (CEF)
Grant Program in the amount of $25,000. The Lowe's CEF program supports
communities served by Lowe's stores through funding provided for public education,
community improvement projects, and home safety initiatives. Lowe's CEF funds support
projects that have a community improvement focus including park and neighborhood
beautification projects, outdoor learning environments, and landscaping enhancements of
facilities serving the community.
Minutes of the September 24, 2009 City Council Regular Meeting Page 15 of 32
If funded, the grant will be used at the Baytown Nature Center toward the reconstruction
of the Children's Nature Discovery Area which was destroyed by Hurricane Ike. The new
Children's Nature Discovery Area will offer children a chance to learn about their natural
environment through observation and play.
The grant award maximum from the Lowe's CEF is $25,000 and no matching funds are
required from the City of Baytown. However, if awarded, the project will require
additional funding to complete the reconstruction from other sources including, but not
limited to, Friends of the Baytown Nature Center, FEMA (reimbursement) and the Parks
& Recreation Department Budget. The application will be submitted on October 14,
2009 and has a performance period of 12-months from the award date.
Motion was made by Council Member Yepez, seconded by Council Member Sheley
approving Resolution No. 2009. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 2009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION IN THE AMOUNT OF TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00) TO THE LOWE'S
CHARITABLE AND EDUCATIONAL FOUNDATION FOR THE
PURPOSE OF RECONSTRUCTING THE CHILDREN'S NATURE
DISCOVERY AREA AT THE BAYTOWN NATURE CENTER,
WHICH WAS DESTROYED BY HURRICANE IKE; AUTHORIZING
THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT
AWARD THAT MAY RESULT THEREFROM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos suggested elevating the children's nature discovery area.
d. CCAD Nomination- City Management.
Council Member Caskey requested that this item be placed in the October 15, 2009 City
Council agenda as he had no recommendation at this time.
Minutes of the September 24, 2009 City Council Regular Meeting Page 16 of 32
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, NOMINATING ONE OR MORE CANDIDATES
FOR POSITIONS ON THE BOARD OF DIRECTORS OF THE
CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Directing Preparation of Service Plan for Property in Industrial District No.
1 - City Management.
City Manager, Garry Brumback presented the agenda item and stated that Resolution No.
2010 directs the Planning and Development Services Department to prepare a service
plan that provides for the extension of full municipal services to ExxonMobil
Corporation's property located in Industrial District No. 1.
Currently, a portion of property owned by ExxonMobil Corporation located within
Industrial District No. 1 is within the City limits. This proposed resolution addresses the
remaining properties in Industrial District No. 1. State law requires that before the
publication of the notice of the first public hearing, the City Council must direct the
service plan be prepared. This is the first step in the annexation process for properties that
were previously subject to an industrial district agreement.
Motion was made by Council Member Caskey, seconded by Council Member McCartney
approving Resolution No. 2010. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DIRECTING THE PREPARATION OF SERVICE
PLANS FOR THE ANNEXATION OF EXXON MOBIL
CORPORATION'S PROPERTY LOCATED WITHIN INDUSTRIAL
DISTRICT NO. 1, IN HARRIS COUNTY, TEXAS; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Minutes of the September 24, 2009 City Council Regular Meeting Page 17 of 32
6. MOTIONS
a. Receive the 2009 Harris County and Chambers County Certified Appraisal
Rolls- Finance.
Receive the 2009 Appraisal Rolls certified by the Harris County Appraisal District and
the Chambers County Appraisal District.
City Manager, Garry Brumback presented the agenda item and stated that the 2009 Harris
County Appraisal Roll was certified on August 31, 2009. In accordance with Section
26.04(b) of the Texas Property Tax Code, the following values are submitted:
Total Appraised Value $3,003,042,617
Total Taxable Value $2,189,454,796
Total Uncertified(Taxable Value) $275,580,629
The 2009 Chambers County Appraisal Roll was certified on July 17, 2009. In
accordance with Section 26.04(b) of the Texas Property Tax Code, the follow values are
submitted:
Total Certified Taxable Value $153,809,390
The value used to determine the tax revenue in the FY 2009-10 budget is in line with the
total taxable values represented above.
Motion was made by Council Member Caskey, seconded by Council Member McCartney
receiving the 2009 Harris County and Chambers County Certified Appraisal Rolls. The
vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
b. Receive the 2009 Effective and Rollback Tax Rate Calculation-Finance.
Receive the effective and rollback tax rate calculation for the 2009 tax year (Fiscal Year
2009-10).
City Manager, Garry Brumback presented the agenda item and stated that in accordance
with Section 26.04 of the Texas Property Tax Code, a Governing Body must receive the
effective tax rate and the rollback rates which are calculated at $0.82928 and $0.84210
per $100 valuation, respectively. These rates and the method of calculation shall be
published in accordance with section 26.004 of the Texas Property Tax Code.
Minutes of the September 24, 2009 City Council Regular Meeting Page 18 of 32
Motion was made by Council Member Caskey, seconded by Council Member McCartney
receiving the 2009 Effective and Rollback Tax Rate Calculation. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
7. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Consent Items: 7.a., 7.b., 7.c., 7.d., 7.e., 7.f., 7.g., 7.h., 7.i., 7.j., 7.k., 7.1., 7.m.,
7.n., 7.o., and 7.p. 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. 11,200: Annual Sludge Disposal Annual Contract -
Purchasing.
Ordinance No. 11,200 awards the third renewal of the Annual Sludge Disposal Contract
to Sprint Logistics Management, LLC, in the amount of$290,160.00.
Sprint Logistics, formerly called Rustin Transportation, submitted a written request to
renew the current contract for a 2.1% decrease in price per cubic yard; the new price per
cubic yard is $28.29. This contract is used for the collection, hauling, and disposal of
processed sewage sludge at each of the four City of Baytown Wastewater Treatment
Plants. Sprint Logistics continues to provide excellent service.
ORDINANCE NO. 11,200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE
DISPOSAL CONTRACT WITH SPRINT LOGISTICS
MANAGEMENT, LLC, F/K/A RUSTIN TRANSPORTATION
COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND
ONE HUNDRED SIXTY AND NO/100 DOLLARS ($290,160.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Minutes of the September 24, 2009 City Council Regular Meeting Page 19 of 32
b. Ordinance No. 11,201: Thermo Pavement Markings Annual Contract -
Purchasing.
Ordinance No. 11,201 awards the third renewal of the Annual Pavement Markings
Contract to Highway Technologies, L.P., in the amount of$179,745.
Highway Technologies submitted a written request to renew the current contract for the
same pricing, terms and conditions. This contract will be used for restriping of
thermoplastic reflectorized pavement markings, thermoplastic railroad crossing legends
and lane markings. Highway Technologies continues to provide excellent service.
ORDINANCE NO. 11,201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL THERMO
PAVEMENT MARKINGS CONTRACT WITH HIGHWAY
TECHNOLOGIES, L.P., AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY-
NINE THOUSAND SEVEN HUNDRED FORTY-FIVE AND NO/100
DOLLARS ($179,745.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Ordinance No. 11,202: Sole Source Purchase of Firefighter Protective
Clothing-Purchasing.
Ordinance No. 11,202 authorizes the sole source purchase of Fire Fighting Protective
Clothing from Casco Industries, Inc., in the amount of$66,550.00. The Fire Department
will purchase bunker gear and accessories for thirty-seven Firefighters in order to comply
with NFPA 1851. Casco Industries, Inc., is the sole distributor for Globe Bunker Gear in
the State of Texas and surrounding states.
The National Fire Protection Association (NFPA) 1851 standard on selection, care and
maintenance of protective ensembles for structural fire fighting and proximity fire
fighting was implemented by the Texas Commission on fire protection that all structural
personal protective equipment must be maintained, cared, and retired per the standard
minimum specified.
ORDINANCE NO. 11,202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM
OF SIXTY-SIX THOUSAND FIVE HUNDRED FIFTY AND NO/100
DOLLARS ($66,550.00) TO CASCO INDUSTRIES, INC., FOR THE
PURCHASE OF GLOBE BUNKER GEAR AND ACCESSORIES FOR
Minutes of the September 24, 2009 City Council Regular Meeting Page 20 of 32
THIRTY-SEVEN (37) FIREFIGHTERS IN ORDER TO COMPLY
WITH NFPA 1851; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Ordinance No. 11,203: Benefits Consultant Annual Contract - Human
Resources.
Ordinance No. 11,203 renews the contract with Holmes Murphy for benefits
consultant/broker services in an amount not to exceed $ 40,000 for contract year October
1, 2009 through September 30, 2010.
Holmes Murphy will provide the following services:
• Conduct comprehensive review of summary plan descriptions, contracts, and
employee summaries to outline variances and inconsistencies which may lead to
employee litigation;
• Clinical management for utilization monitoring, disease management, and
wellness management;
• Annual claims review and recommendations on funding, projections, rate
structures and required reserves to maintain financial viability of the health
benefits program;
• Actuarial services and Underwriting expertise;
• Notification of health care benefits or industry practices, costs, and trends on a
local, regional and national basis and its effects on the public sector.
The contract amount and services remain the same as last year.
ORDINANCE NO. 11,203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE
CONSULTING/BROKERAGE AGREEMENT WITH HOLMES,
MURPHY & ASSOCIATES, INC.; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED
FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance No. 11,204: Employee Assistance Program Services (EAP) Annual
Contract-Human Resources.
Ordinance No. 11,204 renewed the annual contract to OptumHealth Behavioral Solutions
for Employee Assistance Program Services (EAP).
Minutes of the September 24, 2009 City Council Regular Meeting Page 21 of 32
Ordinance No. 11,204 renews the annual contract for Employee Assistance Program in an
amount not to exceed $26,750 for contract year October 1, 2009 through September 30,
2010. There is no increase in price for the third year.
The following services are provided: Six counseling sessions per incident or per problem
for employees and their family members; Work/Life services (financial and legal
services); Parenting and Adult/Elder Services; Critical incident stress debriefing; and
training.
ORDINANCE NO. 11,204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE
SERVICES AGREEMENT WITH OPTUMHEALTH BEHAVIORAL
SOLUTIONS, F/K/A UNITED BEHAVIORAL HEALTH FOR THE
CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-
SIX THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS
($26,750.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Ordinance No. 11,205: United Healthcare of Texas, Inc. Annual Contract -
Human Resources.
Ordinance No. 11,205 renewed the annual contract with United Healthcare of Texas, Inc.
for Third Party Administrator of the City of Baytown Medical Claims and Stop Loss
Coverage.
Ordinance No. 11,205 authorizes United Healthcare of Texas, Inc. for Third Party
Administrator (TPA) services in an amount not to exceed $923,956 for contract year
October 1, 2009 through September 30, 2010. Since the City is self-insured, it utilizes a
TPA to pay the medical claims, flexible spending accounts, PPO network fees, RX fees,
and administrative fees. Additionally, the proposed ordinance renews the annual contract
with United HealthCare for Specific and Aggregate Stop Loss Coverage for the City's
health benefit program.
The City is developing a long-term strategy, which will encourage employees to make
healthy decisions, and more effectively utilize their health coverage. The City has a long-
standing relationship with UHC. The current arrangement is efficient and effective with
respect to pricing, network access, provider discounts, service, and improving the health
of our employees.
Minutes of the September 24, 2009 City Council Regular Meeting Page 22 of 32
The City's key objectives are:
• Maintain strong network access
• Obtain aggressive network discounts
• Obtain competitive administrative fees
• Create a strategic partnership
• Receive excellent service
• Partner with a vendor to improve employee s health
• Limit provider disruption
This is the first of two one-year renewal options and has an administrative increase of
5.5%. The increase is higher than normal because Medicare-eligible retirees are being
removed from the plan and the charges are volume-based.
ORDINANCE NO. 11,205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH
UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY
ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL
AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON
BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT
IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETY-FIVE
THOUSAND EIGHT HUNDRED TWENTY-EIGHT AND NO/100
DOLLARS ($295,828.00) FOR THE THIRD PARTY
ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT
WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE
SPECIFIC AND AGGREGATE STOP LOSS COVERAGE;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED SIX
HUNDRED TWENTY-EIGHT THOUSAND ONE HUNDRED
TWENTY-EIGHT AND NO/100 DOLLARS ($628,128.00) FOR THE
SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Ordinance No. 11,206: Liability and Property Insurance Programs - Human
Resources.
Ordinance No. 11,206 authorizes the renewal of liability and property insurance
programs with Texas Municipal League (TML) and authorizes payment in the amount of
$549,074 for premiums, reimbursable losses, administrative fees and deductibles.
This amount reflects a decrease in premiums for Errors & Omissions (-$7,700), General
Liability (-$8,680) and the Auto Policy(-$1,140) and an increase in premiums
for Property ($12,472) Mobile Equipment ($1,891) and Law Enforcement Liability
($3,019). The Property and Mobile Equipment increase is due to a premium increase
TML placed on all members residing in Harris, Orange and Jackson Counties. As a note,
Minutes of the September 24, 2009 City Council Regular Meeting Page 23 of 32
TML has also added a 1% deductible for all named storm damages and a 2% deductible
for all tidal flooding for properties less than 9 feet above mean sea level.
ORDINANCE NO. 11,206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT
WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL
LIABILITY AND PROPERTY INSURANCE PROGRAM;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FIVE HUNDRED FORTY-NINE THOUSAND SEVENTY-
FOUR AND NO/100 DOLLARS ($549,074.00) FOR THE ANNUAL
LIABILITY AND PROPERTY INSURANCE PROGRAM FOR
PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES
AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
h. Ordinance No. 11,207: Workers Compensation Program Agreement -
Human Resources.
Ordinance No. 11,207 authorizs the City to continue under the current agreement with
AS&G Claims Administration, Inc., as the Third Party Administrator for the
administration of the City's Workers' Compensation Program and continues to authorize
the current agreement with Midwest Employers Casualty Company for the City's Excess
Workers' Compensation Insurance Program.
The premium for this year is approximately $69,941 which is comprised of an estimated
$25,000 in administrative costs to AS&G and $44,941 in premium to Midwest Casualty
for excess coverage over $300,000. The premium to Midwest is $6,273 less than last
year.
ORDINANCE NO. 11,207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH AS&G
CLAIMS ADMINISTRATION, INC., AS THE THIRD PARTY
ADMINISTRATOR FOR THE ADMINISTRATION OF THE CITY'S
WORKERS' COMPENSATION PROGRAM; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,000.00) FOR THE
SERVICES ASSOCIATED WITH THE CITY'S WORKERS'
COMPENSATION PROGRAM; AUTHORIZING THE ACQUISITION
FROM MIDWEST EMPLOYERS CASUALTY COMPANY OF THE
CITY'S EXCESS WORKERS' COMPENSATION INSURANCE;
AUTHORIZING PAYMENT IN THE AMOUNT OF FORTY-FOUR
Minutes of the September 24, 2009 City Council Regular Meeting Page 24 of 32
THOUSAND NINE HUNDRED FORTY-ONE AND NO/100 DOLLARS
($44,941.00) FOR THE EXCESS WORKERS' COMPENSATION
INSURANCE PROGRAM; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
i. Ordinance No. 11,208: Park Litter Removal and Janitorial Services Annual
Contract-Parks and Recreation.
Ordinance No. 11,208 approves a contract with the Bay Area Rehabilitation Center
(BARC) formerly known as the Baytown Opportunity Center for park cleaning,janitorial
services and litter removal in the amount of$101,578.00.
The contract covers a 12 month period of park clean up and janitorial services, .It covers
weekday litter cleanups and janitorial services at the Gray Sports Complex from February
through September, and park cleanup at Bicentennial Park following the July 4th
Celebration. The contract also includes weekday janitorial services of the public restroom
at Roseland Park and Jenkins Park and weekday cleanup of the restroom and pavilion
facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months. Clean up at the
Baytown Skate Park at Jenkins Park and the Baytown Skate Park 2 at Unidad Park is also
included in this contract.
The cost of the contract has increased $8,824.00 or 10.1 % mainly due to two changes in
work scope:
1. The additional parking lot areas near the Pirates Bay Water Park that was not
included in last year's contract due to construction of the water park.
2. . Janitorial services for the new public restrooms located near the playground area
of the Wayne Gray Sports Complex were also added to the contract.
ORDINANCE NO. 11,208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE INTERIM CITY CLERK TO
ATTEST TO A CONTRACT WITH BAY AREA REHABILITATION
CENTER FOR PARK CLEANING AND LITTER REMOVAL;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED ONE THOUSAND
FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS
($101,578.00); MAKING OTHER PROVISIONS RELATED THERETO
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Minutes of the September 24, 2009 City Council Regular Meeting Page 25 of 32
j. Ordinance No. 11,209: Change Order No. 2 to Wayne Gray Sports Complex
Family Aquatic Center- Engineering.
Ordinance No. 11,209 approves Change Order No. 2 to the Wayne Gray Sports Complex
Family Aquatic Center in the amount of$28,570.29.
The original contract was for $10,240,900.00, one change order has been executed for a
total of $34,500.00. This brings the contract total before this change order to
$10,275,400.00. The total contract including Change Order No. 2 will be
$10,303,970.29. This is an increase of the total contract by 0.6%. This change order
will include additional improvements to the existing pavilion and upgrading the window
glazing for the pump house and bath house.
ORDINANCE NO. 11,209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH
HASSELL CONSTRUCTION COMPANY, INC., FOR THE WAYNE
GRAY FAMILY AQUATICS CENTER PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-
EIGHT THOUSAND FIVE HUNDRED SEVENTY AND 29/100
DOLLARS ($28,570.29); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
k. Ordinance No. 11,210: Amendment No. 1 to Steinman Lift Station Project
Design Contract - Engineering.
Ordinance No. 11,210 authorizes Amendment No. 1 to the Standard Form of Agreement
with Jones & Carter, Inc. for the Steinman Lift Station Project.
This amendment will add $757,700.00 to the existing contract for the final design of the
Steinman Lift Station. The original contract was for an investigative study totaling
$49,000.00; Amendment No. 1 will increase the contract total to $806,700.00 and final
design is anticipated to take one year. The Preliminary Engineering Report estimates the
project cost to be $6,327,000 and the funding is included in the Utility CIP. This
includes upgrading to the lift station, installing a standby power system and replacing
13,100 feet of 16-inch diameter force main with a new 20-inch diameter force main.
This project was presented to the A & E committee in November, 2008 and Jones &
Carter, Inc. was the A&E Committee's recommended firm.
Minutes of the September 24, 2009 City Council Regular Meeting Page 26 of 32
ORDINANCE NO. 11,210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO
THE STANDARD FORM OF AGREEMENT WITH JONES &
CARTER, INC., FOR THE FINAL DESIGN OF THE STEINMAN LIFT
STATION PROJECT; AUTHORIZING ADDITIONAL PAYMENT BY
THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED
SEVEN HUNDRED FIFTY-SEVEN THOUSAND SEVEN HUNDRED
AND NO/100 DOLLARS ($757,700.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Ordinance No. 11,211: Houston High Intensity Drug Trafficking Area
Program -Police.
Ordinance No. 11,211 authorizes a professional services agreement for the Houston High
Intensity Drug Trafficking Area Program with Stanley E. Furce, Individually and d/b/a
Research International.
Since September 1995, the City has administered federal funds designated for the
operation of the Houston High Intensity Drug Trafficking Area ("HIDTA") Major
Offender Project. This agreement is similar to that which was entered into last year and is
contingent upon funding by grant/award made available through the Office of the
National Drug Control Policy ("ONDCP"). The agreement obligates the contractor to
provide professional services as directed by HIDTA Executive Committee and ONDCP.
No City funds will be used.
ORDINANCE NO. 11,211
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
PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E.
FURCE, INDIVIDUALLY AND D/B/A RESEARCH
INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES
UNDER THE CONTRACT FROM GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Minutes of the September 24, 2009 City Council Regular Meeting Page 27 of 32
m. Ordinance No. 11,212: Ratifying Property Tax Increase Reflected in the
FY09-10 Budget-Finance.
Ordinance No. 11,212 ratifies the property tax increase reflected in the budget adopted by
the City Council for the fiscal year beginning October 1, 2009.
This budget will raise more total property tax revenues than last year's budget by
$834,688 or 4.45%. Section 102.007(c) of the Texas Local Government Code requires
City Council in a vote separate from the adoption of a budget to ratify "the property tax
increase" reflected in the budget. With respect to the City's budget, the "Property tax
increase" is really an increase in property tax revenues, which is a result of increased
property values and new improvements due to annexation as well as new development,
along with the additional ad valorem taxes necessary for the debt service on the General
Obligation Bonds. Because the state statute addresses all increases in revenues as a
"property tax increase", the proposed ordinance has been drafted accordingly.
Ordinance No. 11,212 adopts the tax rate is elsewhere in the non-consent area of this
agenda. Since separate action is required under state law, this item has been placed on the
consent agenda. If Council wishes to discuss it further it can be set aside from the other
consent items.
ORDINANCE NO. 11,212
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RATIFYING THE PROPERTY TAX INCREASE
REFLECTED IN THE BUDGET ADOPTED BY THE CITY COUNCIL
FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2009,
AND ENDING SEPTEMBER 30, 2010; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Resolution No. 2011: Authorize Transfer of Funds Between Departments -
Finance.
Resolution No. 2011 authorizes the transfer of funds between departments in accordance
with Section 68 of the City Charter.
"The City Manager may at any time, with the approval of the council, transfer any
unencumbered appropriation balance, or portion thereof, between general classifications
of expenditures within an office, department or agency. At the request of the City
Manager and within the last three months of the budget year, the council may by
resolution transfer any unencumbered appropriation balance or portion thereof from one
office, department or agency to another." This is primarily a "housekeeping" function.
Minutes of the September 24, 2009 City Council Regular Meeting Page 28 of 32
Primarily, the necessary transfers are for the purpose of allocating the compensation
adjustments and workers compensation savings that was budgeted in the overhead
divisions of the major funds. It is necessary to move these compensation adjustments and
budget savings to the departmental budgets to properly allocate the budgets for the
realized costs and savings.
RESOLUTION NO. 2011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING VARIOUS TRANSFERS OF
UNENCUMBERED APPROPRIATION BALANCES OR PORTIONS
THEREOF FROM ONE OFFICE, DEPARTMENT OR AGENCY TO
ANOTHER; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
o. Resolution No. 2012: Accept Grant Award for Homelessness Prevention and
Rapid Re-Housing Program -Planning and Development Services.
Resolution No. 2012 authorizes the City to accept a grant award from Harris County
pursuant to the Homelessness Prevention and Rapid Re-Housing Program under Title XII
of the American Recovery and Reinvestment Act of 2009.
Resolution No. 2012 authorizes the City to accept a grant award from Harris County
pursuant to the Homelessness Prevention and Rapid Re-Housing Program(the
"Program"). The Program is designed to assist communities in providing financial
assistance and services to either prevent individuals and families from becoming
homeless or help those who are experiencing homelessness to be quickly re-housed and
stabilized.
Pursuant to the grant, the City will receive $131,250. Program funding will be
distributed as follows:
Homelessness Prevention $62,500
Rapid Re-Housing $62,500
Program Administration I$ 6,250
The City will enter into sub-recipient agreements with local non-profit agencies to
enhance existing programs in the City and to ensure that the purposes of the grant are
fulfilled. No matching funds are required under the grant.
Minutes of the September 24, 2009 City Council Regular Meeting Page 29 of 32
RESOLUTION NO. 2012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO ACCEPT A GRANT AWARD FROM
HARRIS COUNTY PURSUANT TO THE HOMELESSNESS
PREVENTION AND RAPID RE-HOUSING PROGRAM UNDER
TITLE XII OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (THE "PROGRAM") IN THE AMOUNT OF ONE
HUNDRED THIRTY-ONE THOUSAND TWO HUNDRED FIFTY
AND NO/100 DOLLARS ($131,250.00); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND
MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
p. Resolution No. 2013: Designating Lee College 75th Anniversary as a City-
sponsored Event and Banner Placement- City Management.
Resolution No. 2013 designates the 75th Anniversary of Lee College as a City co-
sponsored event for which off-premise signs may be placed on City property pursuant to
Chapter 118 "Signs," Article III "Regulations," Division 4 "Location," Subdivision IV
"Off-Premises Signs," Section 118-358 "New Signs" of the Code of Ordinances,
Baytown, Texas, contingent upon the filing of the requisite application and an assumption
of liability. This action would authorize the placement of banners from October 1,
2009 to May 31, 2010 adjacent to the campus on Texas Ave, Decker Drive, Gulf Ave.
and Lee Drive.
RESOLUTION NO.2013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING THE 75TH ANNIVERSARY OF
LEE COLLEGE AS A CITY CO-SPONSORED EVENT FOR WHICH
OFF-PREMISE SIGNS MAY BE PLACED ON CITY PROPERTY
PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III
"REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION IV
"OFF-PREMISES SIGNS," SECTION 118-358 "NEW SIGNS" OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT
UPON THE FILING OF THE REQUISITE APPLICATION;
DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE
PLACED; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Minutes of the September 24, 2009 City Council Regular Meeting Page 30 of 32
8. APPOINTMENTS
a. Baytown Beautification Advisory Commission- Interim City Clerk.
Consider (2) appointments to complete the unexpired terms of Mr. Lawrence Wallace
who has passed away and Mr. Garrett Drake who has resigned.
There are (3) applicants requesting consideration to the Baytown Beautification Advisory
Commission and they are: (1) Mr. Bobby Lintelman, (2) Mr. Richard Tunstall and (3)
Ms. Cindy Coker. All applicants are Baytown residents that have submitted their
applications with the City Clerk's Office; their applications are attached for your review
and consideration.
The appointed individuals will completed unexpired terms that are set to expire on
September 30, 2010. This item was discussed in the City Council Work Session on
September 10, 2009.
Mr. Sheley nominated Ms. Cindy Coker and Mr. Caskey nominated Mr. Bobby
Lintelman, the nominations were seconded by Council Member Caskey. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
b. Zoning Board of Adjustment-Interim City Clerk.
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.
On July 9, 2009, the City Council reappointed four of the five board members while one
member did not seek reappointment, leaving (1)vacancy on the board to be filled for a
two year term through July 27, 2011.
The City has received (1) application to serve on this Board by Ms. Barbara Wooster, a
resident with long standing ties to the community in real estate and with local
philanthropies. Her application was attached for review and consideration.
Minutes of the September 24, 2009 City Council Regular Meeting Page 31 of 32
Motion was made by Council Member Caskey, seconded by Council Member Sheley to
appoint Ms. Barbara Wooster for the Zoning Board of Adjustment. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos
Nays: None
The motion carried.
9. MANAGER'S REPORT
a. 2009 Baytown Company Cup Golf Tournament - Parks and Recreation.
The 2009 Baytown Company Cup Golf Tournament will be held at 8:00 a.m. on Friday,
October 2, 2009. The event will be held at Evergreen Point Golf Course, and is hosted by
Baytown Parks and Recreation.
Registration for the event is $240 per four person team and will include green and cart
fees, range balls, a continental breakfast, lunch, a goodie bag, and an event t-shirt for
each participant.
For additional information contact the Parks and Recreation office at 281-420-6597 or
pard(a�bavtown.org.
b. Report One Year After Ike- City Manager.
City Manager, Garry Brumback presented the agenda item.
Mr. Bill Vola presented the report on the status of recovery and mitigation efforts one
year after Hurricane Ike. Mr. Vola stated that during Ike, Baytown experienced 92mph
sustained winds, 110mph peak wind gust, and 14' storm surge. Statistics stated that more
than 100 homes and 1,000 apartment units were destroyed or uninhabitable, 24
businesses were destroyed, and 850,000 cubic yards of debris was deposited on the
streets. To date, the City spent $21 million dollars in IKE clean up and repairs to public
owned property and received $14 million dollars in FEMA reimbursements. The
estimated cost to the citizens of Baytown is $30 million dollars with the expectation of
receiving $20 to $22 million from the federal government.
Minutes of the September 24, 2009 City Council Regular Meeting Page 32 of 32
10. ADJOURN
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
adjourning the September 24, 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 September 24, 2009 at
8:20 P.M.
Leticia Garza,Interim City Clerk
City of Baytown