2010 08 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITYOFBAYTOWN
August 12,2010
The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday,
August 12,2010,at 6:32 P.M.in the Council Chamber of the Baytown City Hall,2401
Market Street,Baytown,Texas with the following in attendance:
Brandon Capetillo Council Member
Mercedes Renteria Council Member
Terry Sain Council Member
Scott Sheley Council Member
Stephen H.DonCarlos Mayor
Garrison C.Brumback City Manager
Bob Leiper Deputy City Manager
Kevin Trailer Assistant City Manager
Ignacio Ramirez City Attorney
Leticia Garza City Clerk
Keith Dougherty Sergeant at Arms
Council Members Caskey and McCartney were absent from the August 12,2010 City
Council Regular Meeting.
Mayor DonCarlos convened the August 12,2010,City Council Regular Meeting with a
quorum present at 6:32 P.M.
Pledge of Allegiance,Texas Pledge and Invocation was led by Council Member Renteria.
1.MINUTES
a.Approve Minutes of the City Council Regular Work Session and Meeting
held on July 22,2010.
A motion was made by Council Member Sain,seconded by Council Member Renteria
approving the minutes from the July 22,2010,City CouncilRegular Work Session and
Meeting.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
Page 2 of 17 Minutes of the August 12,2010 City Council Regular Meeting
The motion carried.
2.PUBLIC HEARINGS
a.Conduct a Public Hearing for Baytown Fire Control,Prevention,and EMS
District FY 2010-11 Budget -Administration.
At 6:34 P.M.,Mayor DonCarlos opened the public hearing regarding the fiscal year
2010-2011 budget adopted by the Board of Directors of the Baytown Fire Control,
Prevention,and EMS District (FCPEMSD).
City Manager,Garry Brumback presented a summary and stated that the public hearing
regarding the fiscal year 2010-2011 budget was adopted by the Board of Directors of the
Baytown Fire Control,Prevention,and EMS District (FCPEMSD)on July 20,2010,and
forwarded to City Council on July 22,2010.As set forth in State law,(LGC 344.205(a)),
the local governing body must hold a public hearing on the budget adopted by the Board.
Notice of the Public Hearing was published in The Baytown Sun,and posted to the City
of Baytown web site on Thursday,July 29,2010.Mr.Brumback stated that the budget is
predominately for personnel services,a significant contribution for the fire training
facility and election services for May 2011.
With no one registered to speak,Mayor DonCarlos closed the public hearing at 6:36 P.M.
Chief Baylis presented an overview of the fire training field for Council Member
Renteria.
b.Conduct a Public Hearing for Baytown Crime Control and Prevention
District FY 2010-11 Budget -Administration.
At 6:44 P.M.,Mayor DonCarlos opened the public hearing regarding the fiscal year
2010-2011 budget adopted by the Board of Directors of the Baytown Crime Control and
Prevention District (CCPD).
City Manager,Garry Brumback presented a summary and stated that the public hearing
regarding the fiscal year 2010-2011 budget was adopted by the Board of Directors of the
Baytown Crime Control and Prevention District (CCPD)on July 13,2010,and forwarded
to City Council on July 31,2010.As set forth in State law,(LGC 344.205(a)),the local
governing body must hold a public hearing on the budget adopted by the Board.Notice of
the Public Hearing was published in the Baytown Sun on Thursday,July 29,2010,and
posted to the City's web site on Thursday,July 29,2010.Mr.Brumback stated that the
budget is predominately for personnel services,the Hotspot team,Commercial Vehicle
Enforcement,equipment,and election services for May 2011.
With no one registered to speak,Mayor DonCarlos closed the public hearing at 6:46 P.M.
Page 3 of 17 Minutesof the August 12,2010 City CouncilRegular Meeting
3.PROPOSED ORDINANCES
a.Chapter 380 Economic Development Agreement with Gantstein Esquire,
LLC -Administration.
City Manager,Garry Brumback presented the agenda item and stated that Ordinance No.
11,407 authorizes aChapter 380 Economic Development Agreement with Gantstein
Esquire,LLC.Under the Agreement,Gantstein Esquire is obligated to:
1.create at least 60 new jobs by December 31,2010;
2.maintain such jobs for six years;
3.invest at least $800,000 for the expansion and build-out of an existing space of
7,500 square feet to a space of 8,500 square feet for use as the Food Court
Facility for restaurateurs such as Freebirds and Jason's Deli by December 31,
2010;
4.increase the value of the property so that the same has a taxable value of at least
$1 million on January 01,2011,as assessed by HCAD;and
5.maintain such taxable value for six years.
In exchange for Gantstein Esquire's obligations,the City will reimburse Gantstein
Esquire for city taxes paid on taxable value in excess of $733,000 for four years.The
estimated value of this agreement is $2,000 per year.Should Gantstein Esquire be unable
to meet its obligations under the agreement,Gantstein Esquire will be required to
reimburse the City for payments it made under the agreement on a pro rata basis
depending upon the year of the default.
A motion was made by Council Member Sheley,seconded by Council Member Renteria
approving Ordinance No.11,407.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH
GANTSTEIN ESQUIRE LLC;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page4 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting
b.Award Construction Contract &Change Order No.1 for 12-inch Sanitary
Sewer Extension under 1-10 -Engineering.
City Manager,Garry Brumback presented the agenda item and stated that Ordinance No.
11,408 awards a construction contract for the installation of a 12-inch Sanitary Sewer
Extension under I-10 in an amount of $158,369.00 for the base contract and $34,225 for
Change Order #1 to Jimerson Underground,Inc.The project total is $192,594.
The scope of work for this project includes jack and boring of 300 linear feet and
installation of 12-inch sanitary sewer underneath the Interstate Highway 10 (IH-10)right-
of-way and the Houston Pipeline Company easement along with extending 500 feet of
12"sanitary sewer line to San Jacinto Blvd.The base bid compilation included only the
boring under I-10.The extension of the gravity line to San Jacinto Blvd.is being issued
as Change Order #1 based on the line item costs identified in the bids.This project is a
joint effort to facilitate the construction of the Cheddar's Casual Cafe1 and provides
additional capacity for continued development in the area.The City's portion of the
project will be reimbursed by the TIRZ from future tax increment.
Six bids were received and publicly opened on July 22,2010 at 2:00 p.m.in Council
Chamber.
A motion was made by Council Member Capetillo,seconded by Council Member Sain
approving Ordinance No.11,408.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A
CONTRACT WITH JIMERSON UNDERGROUND,INC.,FORTHE
INSTALLATION OF A 12-INCH SANITARY SEWER EXTENSION
NEAR HIGHLAND FARMS;AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED FIFTY-
EIGHT THOUSAND THREE HUNDRED SIXTY-NINE AND NO/100
DOLLARS ($158,369.00);AUTHORIZING CHANGE ORDER NO.1
FOR THE SAID PROJECT TO ADD AN ADDITIONAL 495 LINEAR
FOOT SEGMENT OF SANITARY SEWER INCLUDING TWO NEW
MANHOLES FOR FUTURE DEVELOPMENT;AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN,IN THE AMOUNT OF
Page 5 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting
THIRTY-FOUR THOUSAND TWO HUNDRED TWENTY-FIVE
NO/100 DOLLARS ($34,225.00)FOR SUCH CHANGE ORDER;
MAKING OTHER PROVISIONS RELATED THERETO;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c.Collective Bargaining Agreement -Legal.
City Manager,Garry Brumback presented the agenda item and stated that Ordinance No.
11,409 approves the Collective Bargaining Agreement with Baytown Professional Fire
Fighters Association,Local 1173 (the "Union").The agreement is for a term of four years
and contains reopeners for salaries and certification pay in the second,third,and
fourth years of the contract.The contract is similar to those to which the parties have
agreed to in the past.The contract updates language from the previous contract to reflect
changes in the overtime compensation as well as union business pool time changes as
agreed to in 2009.Some of the changes include the compensation component and the
union business pool.
For the compensation component of the agreement in years 2,3 and 4,
1.if no merit raises are given to non-civil service city employees,the Union
members will receive the same across-the-board raises as such other employees
2.if merit raises are given to non-civil service city employees and if the Union
exercises the wage reopener,base wages will be evaluated based upon those of
other Texas cities with Chapter 143 civil service having a population from 60,000
-125,000 for market-based raises.
As for the union business pool,contributions will be received once a year instead of twice
a year.The Union overwhelmingly approved this contract at its election held on August 2
-4,2010.
A motion was made by Council Member Sain,seconded by Council Member Renteria
approving Ordinance No.11,409.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN,
TEXAS,AND THE INTERNATIONAL ASSOCIATION OF
Page 6 of 17 Minutes of the August 12,2010 City Council Regular Meeting
FIREFIGHTERS LOCAL 1173;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d.H-GAC Intergovernmental Agreement for Voluntary Mobile Emissions
Reduction Program -Legal.
City Manager,Garry Brumback presented the agenda item and stated that Ordinance No.
11,410 authorizes the Houston-Galveston Area Council Intergovernmental Agreement for
Voluntary Mobile EmissionsReduction Program.The U.S.Environmental Protection
Agency ("EPA")has classified the Houston-Galveston-Brazoria Area under the Clean Air
Act as a "Severe-17"non-attainment area for ozone.EPA's National Ambient Air
Quality Standards will resultin significant emission reductions and improved public
health.H-GAC has developed a plan for voluntary mobile emission reductions for the
Houston-Galveston-Brazoria non-attainment area and seeks to enter into agreements with
cooperating local governments to implement such voluntary measures.
The proposed agreement outlines efforts that the City of Baytownwill voluntarily
make to achieve an additional reduction of emissions that will be granted as a SIP credit
under the Voluntary Mobile Source Emission Reduction Program.The City has
implemented one or more voluntary mobile emission reduction programs.The City in
cooperation with Harris County through its Park and Ride transit program,will facilitate
the reduction of 5,200 trips (10 people x 2 trips per day x 5 days x 52 weeks)to
downtown Houston,which at 27 miles each way is a reduction of 140,400 vehicle miles
traveled.
A motion was made by Council Member Capetillo,seconded by Council Member Sain
approving Ordinance No.11,410.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE TO THE HOUSTON-GALVESTON AREA
COUNCIL INTERGOVERNMENTAL AGREEMENT FOR
VOLUNTARY MOBILE EMISSIONS REDUCTION PROGRAM;AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 7 of 17 Minutes of the August 12,2010 City Council Regular Meeting
e.Professional Services Agreement with BHA for Hunt Road Improvements
Project -Engineering.
City Manager,Garry Brumback recommended tabling this item subject to more
information on the agreement.
f.Approve Outside Counsel for the Ethics Commission -Legal.
Sammy Mahan registered to speak to Council regarding agenda item 3.f.
Mayor DonCarlos presented the agenda item and stated that Ordinance No.11,411
approves outside counsel for the Ethics Commission related to the alleged violations of
the City of Baytown Code of Ethics by City Manager Garrison C.Brumback and
authorizes related funding.Mayor DonCarlos indicated that on July 22,2010,the City
Council granted consent forthe Ethics Commission to obtain outside counsel in order to
provide support related to the processes,procedures and possible investigation with the
current complaint into the alleged violations of the City of Baytown Code of Ethics by
City Manager Garrison C.Brumback and the Texas Municipal League (TML)has
provided the Ethics Secretary with a list of potential attorneys for consideration.Mayor
DonCarlos stated that hereviewed and vetted these names and selected Ross Fischer for
formal approval.
A motion was made by Council Member Sheley,seconded by Council Member Sain
approving Ordinance No.11,411.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING THE MAYOR TO APPOINT
OUTSIDE COUNSEL FOR THE ETHICS COMMISSION RELATED
TO THE ALLEGED VIOLATIONS OF THE CITY OF BAYTOWN
CODE OF ETHICS BY CITY MANAGER GARRISON C.
BRUMBACK;AUTHORIZING PAYMENT THEREFOR IN AN
AMOUNT NOT TOEXCEED TWENTY-FIVE THOUSAND AND
NO/100 DOLLARS ($25,000.00);AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 8 of 17 Minutes of the August 12,2010 City Council Regular Meeting
Mayor DonCarlos requested that the agenda be taken out of order and item 5.a be
presented.
5.REPORTS
a.Certificate of Sufficiency for Proposed Red Light Camera Program Initiative
Petition -City Clerk.
Mayor DonCarlos presented the agenda item and stated that the item will be put on the
August 24,2010 agenda calling the election.
Randall Kallinen and Byron Schirmbeck registered to speak to Council regarding agenda
item 5.a.
City Clerk,Leticia Garza presented the certification of sufficiency regarding the proposed
initiative ordinance,which amends the Code of Ordinances of the City of Baytown,
Texas,Chapter 94 "Traffic and Vehicles",adding Article VIII "Limits of Enforcement"
limiting the use of traffic law photo-monitoring devices.
The initiative petition,amending the Code of Ordinances of the City ofBaytown,Texas,
Chapter 94 "Traffic and Vehicles",adding Article VIII "Limits of Enforcement"limiting
the use of traffic law photo-monitoring devices,was submitted to the City Clerk's Office
on June 30,2010.After an in depth and thorough review of the submitted signatures,the
City Clerk declared on July 22,2010,that the petition as submitted was insufficient,by
failing to meet the minimum requirement of 620 valid signatures.
In accordance with the Section 101 "Amendments and Petitions"of the Charter,the
committeeof petitioners may,within ten days after the City Clerk's notification of
insufficiency,file an amended petition with the City Clerk.The City Clerk shall then
within five days of the supplement filing,examine and certify his/her findings and notify
the Committee of Petitioners of such."
The Committee of Petitioners filed an amended petition on Friday,July 30,2010,with
the City Clerk,who in turn reviewed the submitted signatures within the designated five
(5)day period.At this time,the City Clerk finds that the submitted petition with the
amendment meets the 620 required valid signatures,thus making the petition sufficient.
3.g.Call Public Hearing for Red Light Camera Program Proposed Initiative -
City Clerk.
Sammy Mahan,Calvin Mundinger,and Shawn McDonald registered to speak to Council
regarding agenda item 3.g.
Page 9 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting
Mayor DonCarlos presented the agenda item and stated that Ordinance No.11,412 sets
the date and place for a public hearing regarding the proposed initiative ordinance,which
amends the Code of Ordinances of the City of Baytown,Texas,Chapter 94 "Traffic and
Vehicles,"limiting the use of traffic law photo-monitoring devices.
The hearing will be held on Tuesday,August 24,2010,in the Council Chamber of
Baytown City Hall,2401 Market Street,Baytown,Texas,during a Special Meeting of the
City Council,which commences at 5:30 p.m.
Council Member Sheley requested to have more information on Section 222 of the
Ordinance before the hearing on August 24,2010.
A motion was made by Council Member Renteria,seconded by Council Member
Capetillo approving Ordinance No.11,412.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,412
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,SETTING A DATE AND PLACE FOR A
PUBLIC HEARING ON THE PROPOSED INITIATIVE ORDINANCE,
WHICH AMENDS THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN,TEXAS,CHAPTER 94 "TRAFFIC AND VEHICLES"
LIMITING THE USE OF TRAFFIC LAW PHOTO-MONITORING
DEVICES;AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
4.PROPOSED RESOLUTIONS
a.Call Special Meeting concerning the Initiative Ordinance-City Clerk.
Mayor Don Carlos presented the agenda item and stated that Resolution No.2085 calls
for a Special City Council Meeting to be held on Tuesday,August 24,2010,at 5:30 p.m.
At this meeting,the City Council may order within the statutory deadline a Special
Election to be held on November 2,2010.
A motion was made by Council Member Renteria,seconded by Council Member Sheley
approving Resolution No.2085.The vote was as follows:
Page 10 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
RESOLUTION NO.2085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,CALLING A SPECIAL COUNCIL MEETING
TO BE HELD ON AUGUST 24,2010,AT 5:30 P.M.IN THE
COUNCIL CHAMBERS OF CITY HALL,BAYTOWN,TEXAS;AND
PROVIDING FORTHE EFFECTIVE DATE THEREOF.
b.Suspend Effective Date of CenterPoint Energy Houston Electric's Rate
Changes and Riders -Legal.
City Manager,Garry Brumback presented the agenda item and stated that Resolution No.
2086 responds to the application of CenterPoint Energy Houston Electric,LLC,for
authority to change rates and adopt certain rate riders and suspends CenterPoint's
proposed effective date.On or about June 30,2010,CenterPoint Energy Houston
Electric,LLC ("CenterPoint11)filed with the City Clerk an application for authority to
change rates and to adopt certain rate riders (the "Application")and filed a similar,if not
identical,application with the Public Utility Commission of Texas ("PUCT"or
"Commission"),which has been docketed as Docket No.38339.In the
Application,CenterPoint is requesting the following:
1.an increase in its retail transmission and distribution rates of approximately $76
million,
2.an increase in its wholesale transmission rates of about $18 million,and
3.approval of several rate riders,including the "Rider DCRF"(distribution cost
recovery factor).
CenterPoint's request for approval of its Rider DCRF and other riders raises several legal,
policy,and substantive issues.While CenterPoint did not identify in the Application a
specific proposed effective date for its proposed changes in rates,CenterPoint on July 19,
2010,notified the Public Utility Commission of Texas that CenterPoint intended to
propose an effective date of August 06,2010.However,CenterPoint agreed to postpone
the effective date until August 15,2010,conditioned on the City not seeking to extend
the jurisdictional deadline,meaning that the City would suspend for 90 days from August
06,2010.
Given the complexity of determining the reasonableness of CenterPoint's current and
proposed rates and proposed rate riders,a determination of the reasonableness of the
Application and its various proposed changes in rates cannot be made before expiration
Page 11 of 17 Minutes of the August 12,2010 City Council Regular Meeting
of August 15,2010,and the City requires more time to carry out its duties as the local
regulatory authority with exclusive original jurisdiction within the City.Therefore,this
resolution suspends the effective date of the amendments contained in the Application to
allow the City in affiliation with the Texas Coast Utilities Coalition of Cities to make the
necessary determinations.
A motion was made by Council Member Sain,seconded by Council Member Sheley
approving Resolution No.2086.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
RESOLUTION NO.2086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,RESPONDING TO THE APPLICATION OF
CENTERPOINT ENERGY HOUSTON ELECTRIC,LLC,FOR
AUTHORITY TO CHANGE RATES AND ADOPT CERTAIN RATE
RIDERS;SUSPENDING CENTERPOINT'S PROPOSED EFFECTIVE
DATE;MAKING SUCH OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT;AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c.Exception to the City's Opposition of Additional Low Income Housing Tax
Credit Units -Planning and Development Services.
City Manager,Garry Brumback presented the agenda item and stated that Resolution No.
2087 amends Resolution No.1913 to provide a limited exception to the City's opposition
of additional low income housing tax credit units associated with the Texas Department
of Housing and Community Affairs'Low Income Housing Tax Credit Program.
The exception contained in the proposed resolution would allow a public housing
authority to prepare an application for tax credits provided the following conditions are
satisfied:
1.the tax credit units must replace existing public housing units on a one-to-one
basis;
2.thetax credit application must specify that the public housing authority must
maintain ownership and control of the new tax credit units in the same manner as
other public housing units operatedwithin the City;
Page 12 of 17 Minutes of the August 12,2010 City Council Regular Meeting
3.thetax credit application must specify that the residents served are those who are
eligible for public housing,which is currently 30%or below the area median
income;and
4.the public housing authority must enter into a development agreement with the
City for all the public housing units subject to the LIHTC application,which
agreement shall include,but not be limited to,(i)an agreed upon site plan,in
which all then-current landscaping and buffering requirements are exceeded and
which demonstrates new urban building orientation,including pedestrian friendly
site design,common recreation areas,and on-site management and maintenance
areas;and (ii)covenants binding the public housing authority to items 2 and 3
hereinabove.
A motion was made by Council Member Renteria,seconded by Council Member Sheley
approving Resolution No.2087.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
RESOLUTION NO.2087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AMENDING RESOLUTION NO.1913 TO
PROVIDE A LIMITED EXCEPTION TO THE CITY'S OPPOSITION
OF ADDITIONAL LOW INCOME HOUSING TAX CREDIT UNITS
ASSOCIATED WITHTHE TEXAS DEPARTMENT OF HOUSING
AND COMMUNITY AFFAIRS'LOW INCOME HOUSING TAX
CREDIT PROGRAM;AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
6.CONSENT
A motion was made by Council Member Sheley,seconded by Council Member Sain
approving Consent Items:6.a.,6.b.,and 6.d.The vote was asfollows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
Page 13 of 17 Minutes of the August 12,2010 City Council Regular Meeting
a.Ordinance No.11,413:Purchase Amendment to Emergency AM Radio
System Authorization -Emergency Management.
Ordinance No.11,413 amends the Baytown Ordinance No.11,334,which was approved
on March 25,2010,increasing the funding for the Emergency AM Radio StationProject
by $20,000 to $75,435 and adding in a fifth transmitter site on the southeast side of the
City.During the coverage study by the vendor,it was determined that there was
inadequate signal strength in the southeast quadrant of the city by the existing locations.
During its meeting on May 18,2010,the Citizens Bond Advisory Council unanimously
approved a recommendation to the City Council to amend the budget for the project by
increasing it $20,000 to add in an additional transmitter site and to install up to five (5)
telephone poles for radio antennae.The revised funding for the Emergency AM Radio
Station project would be increased from $55,425 to $75,425.Funds will come from the
2007 Bond in the Community Warning Siren's Project,which came in more than
$100,000 under the budgeted amount.
ORDINANCE NO.11,413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AMENDING SECTION 2 OF ORDINANCE NO.
11,334 PASSED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,ON MARCH 25,2010,REGARDING THE PURCHASE
OF EMERGENCY AM RADIO STATION REPLACEMENT
EQUIPMENT,TO AUTHORIZE AN ADDITIONAL TWENTY
THOUSAND AND NO/100 DOLLARS ($20,000.00)FORTHE
ADDITION OF A TRANSMITTER SITE AND THE INSTALLATION
OF UP TO FIVE (5)TELEPHONE POLES FOR RADIO ANTENNAE;
MAKING OTHER PROVISIONS RELATED THERETO;AND
PROVIDING FORTHE EFFECTIVE DATE THEREOF.
b.Ordinance No.11,414:Authorize Land Swap -Planning and Development
Services.
Ordinance No.11,414 authorizes the exchange of 0.0167 acres out of the William
Bloodgood Survey,Abstract 4,Chambers County,Texas,for 0.0167 acres out of the
same abstract and survey and located at the southwest intersection of Old Needlepoint
Road and State Highway 146 with the Albert R.Marsh Family Trust (the "Trust").
The City owns 0.0167 acres of property,which is surrounded on three sides by property
owned by the Trust.This property has never been utilized by the City and is thought to
have been dedicated to the City as a future lift station site.However,there is no need for
a lift station at this location and the property sits idle.The ownership of this property by
the City hinders the development of the Trust's property.Therefore,to allow the Trust to
better develop the property,an exchange is proposed.Specifically,the City would
exchange the above-described property for the same acreage at the intersection of Old
Page 14 of 17 Minutes of the August 12,2010 City Council Regular Meeting
Needlepoint Road and State Highway 146.The property that the City is acquiring may
be necessary for intersection improvements in the future as the area develops.
ORDINANCE NO.11,414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AUTHORIZING THE EXCHANGE OF 0.0167
ACRES OUT OF THE WILLIAM BLOODGOOD SURVEY,
ABSTRACT 4,CHAMBERS COUNTY,TEXAS,FOR 0.0167 ACRES
OUT OF THE SAME ABSTRACT AND SURVEY AND LOCATED AT
THE SOUTHWEST INTERSECTION OF OLD NEEDLEPOINT ROAD
AND STATE HIGHWAY 146 WITH THEALBERT R.MARSH
FAMILY TRUST;AND PROVIDING FORTHE EFFECTIVE DATE
THEREOF.
d.Resolution No.2088:Enterprise Zone Nomination for Exxon Mobil
Corporation -Administration.
Resolution No.2088 nominates Exxon Mobil Corporation to the Office of the Governor,
Economic Development and Tourism through the Economic Development Bank for
designation as a qualified business and a Triple Jumbo Enterprise Project under the Texas
Enterprise Zone Program under the Texas Enterprise Zone Act.
Exxon Mobil Corporation intends to invest at least $250 million over the 5 years that will
be used to upgrade safety and flare relief systems,and to improve manufacturing
efficiency and production.As a result of the capital investment being made,Exxon
Mobil Corporation respectfully requests to receive job retention benefits under the Texas
Enterprise Zone Program.
Section 2303.406(a)(4)(D)of the Texas Government Code allows a project or activity of
a qualified business to be designated an Enterprise Project and receive job retention
benefits if the business has clearly demonstrated that "the business is able to employ
individuals in accordance with Section 2303.402."Exxon Mobil Corporation qualifies for
job retention benefits under this statutory provision because over 25%of the City of
Baytown is made up of state enterprise zones (U.S.Census block groups with 20%+
poverty).Exxon Mobil Corporation commits to hiring thirty-five (35%)economically
disadvantaged individuals or enterprise zone residents,for its replacement personnel,for
certified jobs over the five (5)year Enterprise Project designation period.
Page 15 of 17 Minutes of the August 12,2010 City Council Regular Meeting
RESOLUTION NO.2088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,NOMINATING EXXON MOBIL
CORPORATION TO THE OFFICE OF THE GOVERNOR,ECONOMIC
DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC
DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFIED
BUSINESS AND A TRIPLE JUMBO ENTERPRISE PROJECT UNDER
THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS
ENTERPRISE ZONE ACT,CHAPTER 2303,TEXAS GOVERNMENT
CODE;PROVIDING A REPEALING CLAUSE;AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Item 6.b of the Consent Agenda was considered separatelyas there was a citizen
signed up to speak on the item.
c.Ordinance No.11,415:Community Development Block Grant Housing
Reconstruction Projects -Planning and Development Services.
City Manager Brumback stated that Ordinance No.11,415 awards four housing
reconstruction projects for 1903 Tennessee Street,1201 Cypress,1720 Maryland and
1120 Cypress to Byrdson Services,LLC,d/b/a ExcelloConstruction 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 46 contractors from
the approved contractors list.Notices were also posted with Construction Data,Bid
Ocean and Associated General Contractors.Combined,these organizations reach over
1,000 Houston area contractors.Twenty-two contractors representing thirteen companies
attended the mandatory pre-bid conference.Six bids were submitted.All of the
properties listed below require extensive repairs and exceed the Program's $25,000 limit
to make repairs.Staff recommends demolishing and reconstructing all four properties.
This bid is being awarded on the best value for the City based upon criteria enumerated in
the bidding documents,including reputation of the bidder and of the bidder's goods or
services and the quality of the bidder's goods or services.Considering these criteria,the
bidder that can perform reconstruction services at the best value to the City is Excello
Construction,LLC the second low bidder.Excello Construction,LLC,has satisfactorily
completed several reconstruction projects for the Texas Department of Housing and
Community Affairs.Ordinance No.11,415 supports the City's vision to improve the
appearance of the City of Baytown by eliminating slum and blighted conditions within
the corporate limits.
Mr.Edward Williams requested to speak to Council regarding agenda item 6.c.stating
that he has concerns related to the bid and award process for these CDBG housing
reconstruction project.Mr.Williams stated that he didnot believe the process was at the
standards required and pointed out that he had placed a request for information in the
Page 16 of 17 Minutes of the August 12,2010 City Council Regular Meeting
City Clerk's Office,in order for him and his attorney to review the information and see if
there wereany inconsistencies or problems with the process.
Ms.Kelly Carpenter,Planning and Development Services Director,Ms.June Tyler
CDBG Project Manager and Mr.Drew Potts,Purchasing Manager spoke to Council of
the bid and award process for this item and statedthat all processes were done in
compliance with HUD and other related state,federal and local laws and regulations.
After an in depth discussion,the Mayor requested that the speaker maintain contact with
the staff in order to have all of his questions and concerns answered,but recommended to
that Council move forward with the item.Council Member Renteria and Sheley
requested that staff consider projects and awards to benefit local businesses.
A motion was made by Council Member Renteria,seconded by Council Member Sheley
approving Ordinance No.11,415.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO.11,415
AN ORDINANCE OF THE CITY COUNCIL,CITY OF BAYTOWN,TEXAS,
ACCEPTING THE BID OF BYRDSON SERVICES,LLC,D/B/A EXCELLO
CONSTRUCTION FOR HOUSING REHABILITATION PROJECTS LOCATED AT
1903 TENNESSEE STREET,1201 CYPRESS,1720 MARYLAND,AND 1120
CYPRESS;AUTHORIZING PAYMENT IN AN AMOUNT OF TWO HUNDRED
FORTY-FIVE THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
($245,400.00);MAKING OTHER PROVISIONS RELATED THERETO;AND
PROVIDING FORTHE EFFECTIVE DATE THEREOF.
7.MANAGER'S REPORT
a.UASI (Urban Areas Security Initiative)Program.
City Manager,Garry Brumback presented the agenda item and stated that Baytown's
original award was $242,000,but FEMA adjusted our award upwards in the amount of
$350,000 for a total of $592,000 for the 2008 UASI program year.Mr.Brumback stated
that the additional funds will be used for the Baytown Fire Department's structural
Collapse Training Project specifically to purchase rescue tools,various hand tools,
protective clothing and gear for the responders (e.g.jack hammers,saws,hammers,etc.)
Page 17 of 17 Minutes of the August 12,2010 City CouncilRegular Meeting
8.ADJOURN
A motion was made by Council Member Sain,secondedby Council Member Renteria
adjourning the August 12,2010,City Council Regular Meeting.The vote was as follows:
Ayes:Council Members:Capetillo,Renteria,Sain,
Sheley and Mayor DonCarlos
Nays:None
The motion carried.
Mayor DonCarlos adjourned the City CouncilRegular Meeting of August 12,2010 at
7:59 P.M.
Le
City