2011 07 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
July 14, 2011
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
July 14, 2011, at 6:30 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
Robert Hoskins
Council Member
David McCartney
Council Member
Mercedes Renteria
Council Member
Terry Sain
Council Member
Scott Sheley
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Jason Cozza
Deputy City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the July 14, 2011, City Council Regular Meeting with a
quorum present at 6:30 P.M., all members were present. Council Member Mercedes
Renteria excused himself from the meeting at 8:40 P.M.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member
Capetillo.
1. MINUTES
a. Consider Approving City Council Work Session and Regular Meeting
Minutes for June 09, 2011- City Clerk.
A motion was made by Council Member Terry Sain and seconded by Council Member
Robert C. Hoskins approving the minutes from the June 09, 2011 City Council Work
Session and Regular Meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain, Council Member Scott Sheley
Nays: None
Approved
b. Consider Approving Minutes of the City Council Work Session and Regular
Meeting held on June 23, 2011- City Clerk.
A motion was made by Council Member David McCartney and seconded by Council
Member Mercedes Renteria III approving the minutes from the June 23, 2011 City
Council Work Session and Regular Meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain, Council Member Scott Sheley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognition: Dr. Matt Dobbs, D.V.M, Local Veterinarian.
City Manager Leiper stated that this item will be rescheduled to the July 28, 2011
Council Meeting.
b. Present the Keep Texas Beautiful Awards - Health and EMS.
Health Director, Mike Lester presented the agenda item to recognize and present the
Baytown Sun and Liberty Tire Recycling with their Keep Texas Beautiful Awards. The
Baytown Sun won first place in the Media Print -Daily category for raising public
awareness and education efforts in supporting environmental issues. Liberty Tire
Recycling won second place in the business/industry leadership award in the
State/National category with sound principles supporting the Keep Texas Beautiful
mission.
Shirley Smith registered to speak before Council in regards to agenda item 2.b but did not
speak.
Mayor DonCarlos stated that the agenda will be taken out of order to consider items 9.a.
and 9.b.
9. EXECUTIVE SESSION
Byron Schirmbeck, Randall Kallinen, and Chris Hernandez all registered to speak before
Council in regards to agenda item 9.a.
a. Executive Session: American Traffic Solutions, et al. v. City of Baytown -
Legal.
b. Executive Session: City of Dallas v Stewart, - S.W.3d - (Tex. 2011) and the
URSRB Process - Legal.
At 6:54 P.M., Mayor DonCarlos recessed into and conducted an Executive Session
pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's
attorneys about Cause No. 2010-55364, American Traffic Solutions, et al. v. City of
Baytown, in the 11 th Judicial District Court of Harris County, Texas; and Cause No.
2011-09338, American Traffic Solutions, Inc., v. City of Baytown, in the 11th Judicial
District Court of Harris County, Texas and to seek the advice of the City's attorneys on
the City of Dallas v. Stewart, --- S.W.3d --- (Tex. 2011) case and the Urban
Rehabilitation Standards Review Board process.
At 8:20 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council
Regular Meeting and announced that in accordance with Section 551.102 of the Texas
Open Meetings Act, no action was taken in the Executive Session.
After the Executive Session, City Manager Leiper recommended taking the agenda out of
order and considering item 10.a. and 4.f. City Manager Leiper recommended, with
approval from City Attorney Ignacio Ramirez, to skip agenda item 10.a. and table agenda
item 10.b indefinitely. City Attorney Ignacio Ramirez suggested defining indefinitely.
City Manager Leiper stated that item 10.a. will be tabled until an undetermined period of
time until staff implements new processes. Mayor DonCarlos clarified and stated that the
item will be tabled until such time as new procedures are being processed for an appeal.
10. APPEALS
a. Appeal Hearing: URSRB Demolition Order for 3403 Market Street -
Planning and Development Services.
b. Consider Appeal: Consider Appeal of URSRB Demolition Order for 3403
Market Street - Planning and Development Services.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Terry Sain approving to table the decision on the appeal until such time as a new
system is brought forward and adopted by Council for the appeal of URSRB findings.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain, Council Member Scott Sheley
Nays: None
Approved
City Manager Leiper stated that this action only applies to this appeal.
4.f. Consider Authorizing the Purchase of Twenty -Two (22) Electronic Handheld
Ticket Writers and the Accompanying Support, Software and Infrastructure - City
Clerk/Police.
Council Member Renteria excused himself from the meeting.
City Manager Leiper presented the agenda item and stated that Ordinance No.
11,677 authorizes the purchase and maintenance of twenty-two (22) electronic ticket
writers along with their accompanying software and accessories, including docks, thermal
printers, thermal paper and batteries.
The Baytown Municipal Court and Police Department have engaged in a joint project to
increase productivity, streamline procedures and improve reporting capability for the
overall operations of the citations process through the utilization of electronic ticket
writers.
Brazos Technologies have a proven and successful product that provides services to over
200 entities in the State of Texas. These ticket writers have shown to be of great help
towards enhancing officer safety on patrol by allowing the officer to write a ticket, search
the police database and maintain visual of the offender at all times. Additionally, any
citation written through these processes, automatically downloads ticket information
directly to both the Police Department (Versaterm) and Municipal Court (INCODE)
programs, thus helping to reduce both manpower and errors. The costs associated with
this item are as follows:
Funding Source
Amount
11751 - Municipal Court Special Revenue Fund, Acct 84047
$79,671
- Computer Software for 22 handheld ticket writers
hardware, software and accessories
Red Light Camera Special Fund, for 22 handheld ticket
$9,500
writers hardware, software and accessories
Total One Time Expense
$89.171
The recurring maintenance costs will be $8,300 and will be absorbed into the future
operating budgets for the Municipal Court.
City of LaPorte Police Officer Kyle Jones, stated that the ticket writers saves time when
issuing a citation. It allows for reports to be available within seconds and the device is
covered by a warranty, regardless of what happens to it, with about one (1) week
turnaround on repairs.
Council Member McCartney inquired of the durability of the device. Officer Jones stated
that it is suppose to sustain through a blowing hurricane.
Council Member Sheley inquired if the apparatus paid for itself over a period of time or
is it something that makes for more of a convenience. Officer Jones stated that he
believes it pays for itself as far as the hours and the reports are concerned.
A motion was made by Council Member Brandon Capetillo and seconded by Council
Member David McCartney approving Ordinance No. 11,677. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 11,677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-
NINE THOUSAND ONE HUNDRED SEVENTY-ONE AND NO/100
DOLLARS ($89,171.00) TO BRAZOS TECHNOLOGY
CORPORATION, THROUGH FEDERAL SUPPLY SCHEDULE 84 OF
THE UNITED STATE'S GENERAL SERVICES ADMINISTRATION
FOR THE PURCHASE AND MAINTENANCE OF TWENTY-TWO
(22) ELECTRONIC TICKET WRITERS, AND THEIR
ACCOMPANYING SOFTWARE AND ACCESSORIES, INCLUDING
DOCKS, THERMAL PRINTERS, THERMAL PAPER AND
BATTERIES CONTINGENT UPON AN AGREEMENT ACCEPTABLE
TO THE CITY MANAGER AND THE CITY ATTORNEY; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
3. PUBLIC HEARINGS
a. First Public Hearing: Regarding a Proposed Voluntary Annexation of 4.527
acres, located on the east side of West Road approximately 350 feet north of E.
Cedar Bayou -Lynchburg Road - Planning and Development Services.
At 8:32 P.M., Mayor DonCarlos conducted the first public hearing regarding the
proposed voluntary annexation of 4.527 acres owned by Angel Brothers Enterprise
Incorporated, located on the east side of West Road approximately 350 feet north of E.
Cedar Bayou -Lynchburg Road, addressed as 5206, 5210, and 5212 West Road and being
legally described as Lots 18, 19, 20, 22 and 23, Block 8, East End Highland Farms
Addition, Harris County, Texas.
City Manager Leiper stated that on June 09, 2011, the City Council authorized staff to
prepare a service plan for the voluntary annexation of the property owned by Angel
Brothers Enterprise Incorporated. The petition for annexation was submitted for 4.527
acres located on the east side of West Road. This property is contiguous to the city limits
of Baytown, is without residents, and is proposed by the owner to maintain the existing
commercial use. A service plan was created on June 20, 2011. Notice of the first and
second public hearings was published in the Baytown Sun on June 20, 2011, and posted
on the City of Baytown's notice board and website on the same day.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing
at 8:33 P.M.
b. Second Public Hearing: Regarding a Proposed Voluntary Annexation of
4.527 acres, located on the east side of West Road approximately 350 feet north of E.
Cedar Bayou -Lynchburg Road - Planning and Development Services.
At 8:34 P.M., Mayor DonCarlos conducted the second public hearing regarding the
proposed voluntary annexation of 4.527 acres owned by Angel Brothers Enterprise
Incorporated, located on the east side of West Road approximately 350 feet north of E.
Cedar Bayou -Lynchburg Road, addressed as 5206, 5210, and 5212 West Road and being
legally described as Lots 18, 19, 20, 22 and 23, Block 8, East End Highland Farms
Addition, Harris County, Texas.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing
at 8:34 P.M.
C. Public Hearing: Zoning Amendment at S. Main Street and E. Republic
Avenue (MU to LI) - Planning and Development Services.
At 8:34 P.M., Mayor DonCarlos conducted a public hearing to rezone approximately
18.10 acres of the W. Scott Survey, Abstract No. 65 from Mixed Use (MU) zoning
district to Light Industry (LI) zoning district, located at the southeast intersection of S.
Main Street and E. Republic Avenue, Harris County, Texas.
City Manager Leiper stated that a representative from SETCO, Inc., owner of the vacant
property within the subject area, approached the City with a request to consider a
rezoning at this location to accommodate a proposed light industrial use. The property
owner of the existing warehousing/distribution facility located at the intersection of S.
Main Street and Republic Avenue, Wismer Distribution Company has been briefed on
the proposed rezoning and supports the application. Pursuant to Section 130-153 of the
Code of Ordinances, the City Manager may initiate an application to rezone property.
This application is to rezone approximately 18.10 acres located at the southeast
intersection of S. Main Street and E. Republic Avenue from Mixed Use (MU) Zoning
District to LI (Light Industry) Zoning District. There are seven (7) parcels in the subject
area, including railroad right-of-way that encompasses an abandoned spur. The
properties in the vicinity of S. Main and E. Republic either are or have been used for
heavy commercial and industrial purposes for many years. Industrial zoning use at this
location supports the Baytown 2025 Comprehensive Plan and 2008 Vision Statement by
fostering economic development and allowing existing business to grow while
simultaneously improving the community's quality of life through the installation of
attractive, landscaped vegetative buffer zones.
Several citizens spoke at the Planning and Zoning Commission's public hearing with
concerns about increased taxes and the potential negative impacts of the future industrial
land uses. Staff noted that the City's operational performance standards would apply to
this property, which are intended to protect the health, safety and welfare of the citizens
of the City by regulating potential nuisance features associated with certain land uses
such as noise, vibration, fire and explosive hazards, light, glare and electromagnetic
interference. The Commission voted unanimously to recommend approval of the zoning
amendment at its regular meeting on June 15, 2011.
Council Member Sheley inquired if the trucking operations are 24 hours. City Manager
Leiper stated that the trucking operations were not 24 hours.
With there being no one registered to speak, Mayor DonCarlos closed the public hearing
at 8:36 P.M.
d. Ordinance: Zoning Amendment at S. Main Street and E. Republic Avenue
(MU to LI) - Planning and Development Services.
City Manager Leiper presented the agenda item and stated that the description is the same
in reference to agenda item 3.c. City Manager Leiper clarified that there were six (6)
members present for vote as required.
A motion was made by Council Member David McCartney and seconded by Council
Member Robert C. Hoskins approving Ordinance No. 11,678. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Mercedes Renteria III, Council
Member Terry Sain, Council Member Scott Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 11,678
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF BAYTOWN CONCERNING THAT PROPERTY
LOCATED AT THE SOUTHEAST INTERSECTION OF S. MAIN
STREET AND E. REPUBLIC AVENUE, MORE PARTICULARLY
DESCRIBED AS APPROXIMATELY 18.10 ACRES IN THE W.
SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS,
TO REZONE SUCH PROPERTY FROM A MIXED USE (MU)
ZONING DISTRICT TO A LIGHT INDUSTRY (LI) ZONING
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
4. PROPOSED ORDINANCES
a. Consider Zoning Amendments south of FM 565, east of SH 146 (to MU, LI,
and HI) - Planning and Development Services.
City Manager Leiper presented the agenda item and stated that at the last meeting a
request was made to narrow the scope of this zoning. He stated that staff's
recommendation was to rezone all of the area along the Bayou and outside of the 300 foot
commercial strip as heavy industry with a light industry buffer zone. The amendment
proposal preserves the rezoning of tract for the Jet Oil, it applies a light industrial buffer
to the Bayou side of that tract, and it skips the Bayer property. Staff's recommendation is
to leave the 300 foot commercial buffer in the front and rezone the Cemex property as
well as the undeveloped land to north of that wrapping that entire tract with a light
industrial buffer. City Manager Leiper stated that there was no rezoning of the old
Landfill and the wastewater treatment plant.
Alan Hudgins registered to speak before Council in regards to agenda item 4.a. Mr.
Hudgins requested additional time to speak. Mayor DonCarlos extended an additional
one (1) minute for Mr. Hudgins to speak before Council.
Council Member Hoskins suggested amending the Ordinance to include the water
treatment plant, the perimeter around the treatment plant, and the southern part of the
land area where the grinder is located to heavy industrial.
City Manager Leiper stated that rezoning the treatment plant to heavy industrial changes
nothing. Council Member Hoskins stated that if the treatment plant classifies itself as
heavy industrial, staff should comply with the rules already set.
City Attorney Ignacio Ramirez stated that initially, this item was on the agenda to
approve to make changes, but for this agenda that option was taken out and now the
public doesn't have notice to come speak for or against the specifics of this item. He
further clarified that the only thing on the agenda item is the current configuration and
stated that territory cannot be added to it, but can be discussed and added to a future
agenda.
Council Member Hoskins withdrew his motion.
City Manager Leiper stated that a separate rezoning would have to be done for the
treatment plant.
Mayor DonCarlos stated that there were six (6) members present for vote as required.
A motion was made by Council Member David McCartney and seconded by Council
Member Terry Sain approving Ordinance No. 11,679. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 11,679
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF BAYTOWN CONCERNING THAT PROPERTY
LOCATED AT THE SOUTHEAST INTERSECTION OF S. MAIN
STREET AND E. REPUBLIC AVENUE, MORE PARTICULARLY
DESCRIBED AS APPROXIMATELY 18.10 ACRES IN THE W.
SCOTT SURVEY, ABSTRACT NO. 65, HARRIS COUNTY, TEXAS,
TO REZONE SUCH PROPERTY FROM A MIXED USE (MU)
ZONING DISTRICT TO A LIGHT INDUSTRY (LI) ZONING
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
b. Consider Construction Contract for CDBG Non Housing Building and
Structural Improvement Project - Engineering.
City Manager Leiper presented the agenda item and stated that Ordinance No.
11,680 awards a construction contract to RAM Design Build Corporation for the CDBG
Non -Housing Building Hardening and Structural Improvement project in the amount
of $1,555,356.00 and also authorizes the transfer of grant funds in the CDBG Disaster
Recovery Entitlement Grant to the CDBG Non -Housing Building Hardening and
Structural Improvement project. CDBG has a required construction completion date of
February 29, 2012.
This project consists of hardening seven of the following City public safety
buildings: City Jail, EMS building, and five Police facilities. In addition, this project also
constructs a new single story four bay addition to the existing EMS building. The
hardening improvements include impact resistant shutters, screening, windows and doors;
building strengthening; roof replacement; two emergency generators; and code
improvements. These improvements will better protect the affected buildings and allow
the City to operate more safely and efficiently during wind events, storms and hurricanes
in the future.
This project was originally to be partially funded through the Texas Department of Rural
Affairs' (TDRA) CDBG Disaster Recovery Entitlement Grant Program as well as 2007
bond funds. A fund transfer request was recently approved by TDRA making this
project fully funded through the TDRA's CDBG Disaster Recovery Entitlement
Program. Five bids were received and publicly opened on May 12, 2011 at 2:00 P.M. in
the Council Chambers while the awarding of this bid was delayed until the funding
source was finalized.
A motion was made by Council Member Scott Sheley and seconded by Council Member
David McCartney approving Ordinance No. 11,680. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
ORDINANCE NO. 11,680
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 RAM DESIGN BUILD CORP., FOR THE CDBG
NON -HOUSING BUILDING HARDENING AND STRUCTURAL
IMPROVEMENT PROJECT; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED
FIFTY-FIVE THOUSAND THREE HUNDRED FIFTY-SIX AND
NO/100 DOLLARS ($1,555,356.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
C. Consider Authorizing a Professional Service Agreement for the West Main
Lift Station Rehabilitation Project - Engineering.
City Manager Leiper presented the agenda item and stated Ordinance No.
11,681 authorizes a Professional Services Agreement with Schaumburg & Polk, Inc., for
the design of the West Main Lift Station Rehabilitation Project in an amount not to
exceed $147,742.00. On April 15, 2011, the Architectural and Engineering Committee
selected Schaumburg & Polk, Inc., to provide design services for the West Main Lift
Station Rehabilitation Project, located at the northeast corner of SH 146 and West Main
Street. The scope of this project will include: (1) rehabilitating the existing wet well, (2)
installing new piping and a control panel, and (3) replacing the existing pumps that have
exceeded their life expectancy.
A motion was made by Council Member Terry Sain and seconded by Council Member
David McCartney approving Ordinance No. 11,681. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain
Nays: None
Other: Council Member Mercedes Renteria III (Absent), Council Member
Scott Sheley (Not Present for Vote)
Approved
ORDINANCE NO. 11,681
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO
A PROFESSIONAL SERVICES AGREEMENT WITH SCHAUMBURG
& POLK, INC., FOR THE WEST MAIN LIFT STATION
REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED
FORTY-TWO AND NO/100 DOLLARS ($147,742.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
d. Consider Agreement with Port of Houston Authority for Dredged Material
Placement for Bayland Marina Reconstruction- Engineering.
City Manager Leiper presented the agenda item and stated that Ordinance No.
11,682 authorizes the City Manager to negotiate and execute a Dredge Material
Placement Agreement with Port of Houston Authority (PHA) for the Bayland Marina
Reconstruction Project and payment of dredging disposal costs to the Port of Houston
and the Army Corps of Engineers (ACE). Ordinance No. 11,682 approves the payments to
the Port of Houston in an amount not the exceed $652,820.00; however the Port shall
receive a minimum payment of $317,240.00 for their services. Staff believes that this
minimum cost will account for the estimated required dredging volume of 77,000
CY, which is based on the original subsurface survey done to facilitate design
calculations.
A motion was made by Council Member Robert C. Hoskins and seconded by Council
Member Brandon Capetillo approving Ordinance No. 11,682. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain
Nays: None
Other: Council Member Mercedes Renteria III (Absent), Council Member
Scott Sheley (Not Present for Vote)
Approved
ORDINANCE NO. 11,682
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A DREDGED MATERIAL PLACEMENT
AGREEMENT WITH PORT OF HOUSTON AUTHORITY FOR THE
BAYLAND MARINA RECONSTRUCTION PROJECT CONTINGENT
UPON TERMS AND CONDITIONS ACCEPTABLE TO THE CITY
MANAGER AND CITY ATTORNEY; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX
HUNDRED FIFTY-TWO THOUSAND EIGHT HUNDRED TWENTY
AND NO/100 DOLLARS ($652,820.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Consider Authorizing the Second Amendment to the CDBG Non -Housing -
Wastewater Emergency Power Improvement Project - Engineering.
City Manager Leiper presented the agenda item and stated that Ordinance No.
11,683 authorizes the Second Amendment to the CDBG Non -Housing Wastewater
Emergency Power Improvement Project with Jones & Carter, Inc., for the design services
associated with the Point Royale Lift Station and the additional appurtenances being
added to the lift stations currently under design. This amendment is expected to
be funded through the CDBG Disaster Recovery Grant, which are funds that have
been previously authorized. City Manager Leiper stated that this will not change the
amount of the original contract but authorizes an additional amount not to exceed
$37,500 should the grant not cover the additional services associated with the Point
Royale lift station if the City were to terminate the agreement without cause.
ORDINANCE NO. 11,683
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
THE SECOND AMENDMENT TO THE CDBG NON -HOUSING
WASTEWATER EMERGENCY POWER IMPROVEMENT PROJECT
WITH JONES & CARTER, INC., FOR THE DESIGN SERVICES
ASSOCIATED WITH THE POINT ROYALE LIFT STATION AND
THE ADDITIONAL APPURTENANCES BEING ADDED TO THE
LIFT STATIONS CURRENTLY UNDER DESIGN; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND
NO/100 DOLLARS ($37,500.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
A motion was made by Council Member Brandon Capetillo and seconded by Council
Member Robert C. Hoskins approving Ordinance No. 11,683. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain
Nays: None
Other: Council Member Mercedes Renteria III (Absent), Council Member
Scott Sheley (Not Present for Vote)
Approved
5. PROPOSED RESOLUTIONS
a. Consider Adopting Mayor Pro Tem Election Guidelines - Administration.
City Manager Leiper presented the agenda item and stated that Resolution
No. 2145 establishes procedural guidelines for the election of the Mayor Pro Tem. In
2006, the City Council via minute order established some procedural guidelines for the
selection of the Mayor Pro Tem. However, at the June 23rd Work Session, the City
Council reviewed such guidelines and determined that the same should be amended.
Specifically, at that meeting, the following appeared to be the consensus of the City
Council:
1. the Mayor Pro Tem be elected for a 6 month term on a rotating basis;
2. the terms will run from January 1 st to June 30th and from July 1 st to December
31 st of each year;
3. the rotation will be consecutive based on council district number;
4. a Council Member must have served one year on the City Council prior to being
elected Mayor Pro Tem;
5. if a Council Member does not wish to serve, cannot serve or does not qualify to
serve when scheduled to be elected as Mayor Pro Tem based upon the rotation
schedule, the City Council shall elect the next Council Member on the rotation list
unless voted otherwise; and
6. subject to the vote of the City Council, the City Council will elect the District 1
Council Member to the term commencing July 01, 2011.
A motion was made by Council Member David McCartney and seconded by Council
Member Brandon Capetillo approving Resolution No. 2145. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney
Nays: Council Member Terry Sain, Council Member Scott Sheley
Other: Council Member Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 2145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ESTABLISHING PROCEDURAL GUIDELINES
FOR THE ELECTION OF THE MAYOR PRO TEM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Consider Revising the City of Baytown's Investment Policy and Strategy -
Finance.
City Manager Leiper presented the agenda item and stated that Resolution No. 2146 is
being submitted for review and approval in accordance with the Public Funds Investment
Act Section 2256-005 (e) and 2256-005 (f) to update authorized investment officers, add
broker dealers and financial institutions to existing approved counter -parties, and include
requirement that all City of Baytown funds be collateralized under terms and conditions
of FIRREA (Financial Institution Reform, Recovery, and Enforcement Act).
A motion was made by Council Member David McCartney and seconded by Council
Member Robert C. Hoskins approving Resolution No. 2146. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 2146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN'S
INVESTMENT POLICY AND INVESTMENT STRATEGIES IN
ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT;
DESIGNATING INVESTMENT OFFICERS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
C. Grant Application: U.S. Department of HUD 2011-12 Community
Development Block Grant (CDBG) Funds - Planning and Development Services.
City Manager Leiper presented the agenda item and stated that Resolution No.
2147 authorizes the City Manager to submit an application to HUD for the 2011-12
CDBG funds. The resolution will also designate the City Manager as the authorized
representative to accept and affirm any grant awarded as a result of the application.
The proposed budget was reviewed by City Council at a work session on June 9th and
recommended for adoption by the Community Development Advisory Committee
("CDAC").
A motion was made by Council Member Brandon Capetillo and seconded by Council
Member Scott Sheley approving Resolution No. 2147. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
RESOLUTION NO. 2147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE 2011-2012
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS;
DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider Adopting the 2010-14 Citizen Participation Plan for the CDBG
Program - Planning and Development Services.
City Manager Leiper presented the agenda item and stated that Resolution No.
2148 adopts the 2010-2014 Citizen Participation Plan (the "Plan") for the Community
Development Block Grant ("CDBG") Program. He stated that every four years the City is
required to develop a plan to encourage citizen involvement to participate in the CDBG
program. He indicated that the last plan has been updated to comply with the new
standards and is good through the Federal year of 2014.
RESOLUTION NO. 2148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING THE 2010-2014 CITIZEN
PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
A motion was made by Council Member David McCartney and seconded by Council
Member Brandon Capetillo approving Resolution No. 2148. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
6. REPORTS
a. Receive Baytown Crime Control and Prevention District 2011-12 Proposed
Budget - Finance.
City Manager Leiper presented the agenda item to receive the 2011-12 Fiscal Year
Budget of the Baytown Crime Control and Prevention District. The Board of Directors
("Board") of the Baytown Crime Control and Prevention District ("CCPD") met on July,
12, 2011, and approved its 2011-12 Fiscal Year budget. In accordance with the
alternative budget procedures adopted by the CCPD, the Board is required to submit the
budget to the City Council within 10 days after the budget is adopted. As such, this
agenda item acknowledges that the Board has submitted its budget and that the City
Council has received it. After the budget has been received by the City Council, the
following will occur:
• The City Clerk will publish notice of the City Council's public hearing for the
proposed budget no later than 10 days before the Public Hearing;
• The City Council will hold a public hearing on the proposed budget no later than
45 days before October 1, 2011; and
• City Council must approve or reject the proposed budget no later than 30 days
before October 1, 2011.
The City Council may not amend the proposed budget, only approve or reject it. If it is
rejected, the City Council and the Board shall meet and together amend and approve the
budget before October 01, 2011. The public hearing for this budget is scheduled for
August 11, 2011, and consideration for the approval of the budget is scheduled for
August 25, 2011. City Manager Leiper stated that no action is necessary.
7. CONSENT
A motion was made by Council Member Scott Sheley and seconded by Council Member
David McCartney approving agenda item 7.a., 7.b., 7.c., 7.d, 7.e., 7.f., 7.g., Th., 7.i., 7J.,
7.k., 7.1., 7.m., and 7.n. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
a. Ordinance No. 11,684: Consider Approving Change Order No. 2 for West
District WWTP Expansion Effluent Force Main Project - Engineering.
Ordinance No. 11,684 authorizes Change Order No. 2 to the Construction Contract with
E.P. Brady, Ltd., for the West District WWTP Expansion Effluent Force Main Project for
a reduction in the amount of $44,013.89. Change Order No. 2 includes the main
components:
1. The installation of extra linear footage of 30 -inch force main and 60 -inch
corrugated metal pipe. The extra linear footage of 30 -inch force main is
necessary, in order to avoid unforeseen conflicts under Interstate 10 and the extra
linear footage of 60 -inch corrugated metal pipe is necessary, in order to
compensate for the severe erosion encountered at the river outfall;
2. Additionally, because the soil conditions encountered in the field were more
favorable than anticipated, we were able to make a pipe material revision from
DR18 to DR25; this revision is included in this change order. This change in
pipe material will result in a credit/savings for the city in the amount of
$66,781.00; and
3. Lastly, some survey control points and benchmarks needed to be
reinstalled because they have been damaged or removed.
The current contract amount for this project is $1,168,421.70. Change Order No. 2 will
decrease the contract amount to $1,124,407.81. Change Order No. 2 will not add any
time to the current contract length of 90 calendar days. Therefore, the
required construction completion for the force main portion of this project remains July
2011.
ORDINANCE NO. 11,684
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO.2 WITH
E.P. BRADY, LTD., FOR THE WEST DISTRICT WASTEWATER
TREATMENT PLANT EXPANSION EFFLUENT FORCE MAIN
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FORTY-FOUR THOUSAND THIRTEEN
AND 89/100 DOLLARS ($44,013.89); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Ordinance No. 11,685: Consider Authorizing a First Amendment to the
Professional Service Contract for North Main Water Tower Project - Engineering.
Ordinance No. 11,685 authorizes a First Amendment to the Professional Services
Contract with HDR Engineering, Inc., for North Main Water Tower Project in an
additional amount not to exceed $27,115.00. The original Professional Services
Agreement is for an amount not to exceed of $146,590.00. Therefore, this First
Amendment will increase the total not to exceed amount for the final design and
construction administration of this project to $173,705.00. The additional services
associated with the First Amendment include:
• Inspection Services of the concrete pier cap, concrete mat tank floor slab and 14
vertical wall lifts;
• Additional construction inspection and material testing for the drilled pile
supports;
• Additional surveying to ensure proper tank alignment and placement;
• Additional Electrical Engineering related to the design of special external site
lighting to illuminate the upper tank bowl.
This project, located adjacent to the Wayne Gray Sports Complex, meets the growing
water supply needs for the City and is required by TCEQ, in order to meet state water
storage requirements.
ORDINANCE NO. 11,685
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
THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH HDR ENGINEERING, INC., FOR THE NORTH
MAIN WATER TOWER PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
TWENTY-SEVEN THOUSAND ONE HUNDRED FIFTEEN AND
NO/100 DOLLARS ($27,115.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Ordinance No. 11,686: Consider the Closeout of Baker Road Lift Station &
Force Main Project - Engineering.
Ordinance No. 11,686 provides for acceptance of the Baker Road Lift Station & Force
Main Project and authorizes final payment and release of retainage in the amount of
$97,973.79 to Jimerson Underground, Inc. The original contract amount of this project
was $954,821.00; three (3) change orders totaling $24,916.88 were executed, bringing
the revised total amount of the project to $979,737.88. The project was finished with
superior workmanship by the contractor.
ORDINANCE NO. 11,686
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BAKER ROAD LIFT
STATION & FORCE MAIN PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF NINETY-SEVEN THOUSAND NINE
HUNDRED SEVENTY-THREE AND 79/100 DOLLARS ($97,973.79)
TO JIMERSON UNDERGROUND, INC., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance No. 11,687: Consider the Closeout of the Gulf Coast Lift Station
Replacement Project - Engineering.
Ordinance No. 11,687 provides for acceptance of the Gulf Coast Lift Station Project and
authorizes final payment and release of retainage in the amount of $108,894.96 to T&C
Construction, Inc. The original contract price for this project was $2,021,390.00; three (3)
change orders totaling $48,594.11 were executed, which resulted in the revised contract
amount of $2,069,984.11. The project's total construction cost is $2,063,899.11, which is
a savings of $6,085.00. The project was finished on time and with superior workmanship
by the contractor.
ORDINANCE NO. 11,687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE GULF COAST LIFT
STATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF ONE HUNDRED EIGHT THOUSAND EIGHT HUNDRED
NINETY-FOUR AND 96/100 DOLLARS ($108,894.96) TO T&C
CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance No. 11,688: CDBG Disaster Recovery Fund Grant Administration
- Planning and Development Services.
Ordinance No. 11,688 authorizes additional funding for the Grant Administration
Services Agreement with Public Management, Inc., in the amount of $32,475. The City
entered into an agreement for grant administration services associated with the City's
grant award under the 2008 Supplemental Disaster Recovery Fund for Hurricane Ike
Texas Community Development Block Grant Program administered by the Texas
Department of Rural Affairs ("TDRA"). TDRA required Phase II Testing and Analysis
for the East WWTP project.
On March 21, 2011, the City authorized Public Management, Inc., to conduct those
services along with completing environmental reviews for 16 lift station sites that were
added to the TDRA grant. The additional services totaled $32,475, making the total
amount $316,475 and will be paid in accordance with the Grant Administration Services
Agreement. Funding for these services is provided by the TDRA grant funds and no local
funds are being used.
ORDINANCE NO. 11,688
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING ADDITIONAL FUNDING FOR
THE GRANT ADMINISTRATION SERVICES AGREEMENT WITH
PUBLIC MANAGEMENT, INC., IN THE AMOUNT OF THIRTY-TWO
THOUSAND FOUR HUNDRED SEVENTY-FIVE AND NO/100
DOLLARS ($32,475.00) FOR PHASE II TESTING AND ANALYSIS
FOR THE EAST WASTEWATER TREATMENT PLANT PROJECT
AND FOR ENVIRONMENTAL REVIEWS FOR 16 LIFT STATION
SITES THAT WERE ADDED TO THE CITY'S GRANT AWARD
UNDER THE 2008 SUPPLEMENTAL DISASTER RECOVERY FUND
FOR HURRICANE IKE TEXAS COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ADMINISTERED BY THE TEXAS
DEPARTMENT OF RURAL AFFAIRS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Ordinance No. 11,689: Consider Improvements to the Barn Museum at the
Republic of Texas Plaza - Parks and Recreation.
Ordinance No. 11,689 authorizes an agreement with the Baytown Historical Preservation
Association ("BHPA") for improvements to the Barn Museum at the Republic of Texas
Plaza. This museum is part of the Association's tours of the Republic of Texas Plaza.
The BHPA plans to make improvements to the interior of the Barn Museum which
includes: air conditioning, a kitchenette, interior walls and several other minor
improvements. Plans and specifications will be reviewed and approved prior to
construction by the City. The City will reimburse the BHPA up to $35,000.00 for
approved expenses. The BHPA will have one year to complete the improvements.
ORDINANCE NO. 11,689
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A LETTER AGREEMENT WITH THE BAYTOWN
HISTORICAL PRESERVATION ASSOCIATION FOR
IMPROVEMENTS TO THE BARN MUSEUM AT THE REPUBLIC OF
TEXAS PLAZA; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE
THOUSAND AND NO/100 DOLLARS ($35,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Ordinance No. 11,690: Annual Ready -Mix Concrete Contract Renewal -
Finance.
Ordinance No. 11,690 authorizes the third renewal of the Annual Ready -Mix Concrete
Contract in the amount of $125,000.00 with Best Sand and Redi-Mix Company, Inc. Best
Sand and Redi-Mix Company, Inc., submitted a written request to renew the current
contract for the same pricing, terms and conditions with no CPI increase. This contract is
used by the Public Works and Parks and Recreation Departments for various construction
projects, including streets and drainage repair, new projects, and rehab projects. Best
Sand and Redi-Mix provide excellent service.
ORDINANCE NO. 11,690
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL READY -MIX
CONCRETE CONTRACT WITH BEST SAND AND REDI-MIX
COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
h. Ordinance No. 11,691: Annual Cleanup and Mowing Contract Renewal -
Finance.
Ordinance No. 11,691 authorizes the third renewal of the Annual Cleanup and Mowing
Contract for the Health Department in the amount of $150,000 with McLemore Building
Maintenance, Inc. (MBM), and Niederhofer Enterprises, Inc. Both contractors submitted
written requests to renew the current contract for the same pricing, terms and conditions
with no CPI increase. This contract is used by the Health Department for vacant lot
mowing and illegal dump -site cleanup.
Due to the sporadic nature and number of work orders necessary to be processed during
peak season, more than one contractor is required to perform mowing services. The
contract has fixed rates and includes disposal reimbursement for illegal cleanup to the
contract. The availability of contractors to perform this type service has been lean
throughout the years; however, the Health Department is now encouraged by the current
mowing contractors that have accepted the rates, terms and conditions of the City's
Cleanup and Mowing Contract. The amount of award is an estimated amount and allows
for renewals with future consumer price index increases if requested by contractors. Both
contractors provide excellent mowing services.
ORDINANCE NO. 11,691
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND
MOWING CONTRACT WITH MCLEMORE BUILDING
MAINTENANCE, INC., AND NIEDERHOFER ENTERPRISES, INC.,
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN
THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
i. Ordinance No. 11,692: Annual Installation and Repair of Traffic Signal
Equipment Contract Renewal - Finance.
Ordinance No. 11,692 authorizes the forth renewal of the Annual Installation and Repair
of Traffic Signal Equipment Contract with Southwest Signal Supply, Inc., in the amount
of $133,600. Southwest Signal submitted a written request to renew the current contract
for the same pricing, terms and conditions with no CPI increase. The majority of services
will be for new installation, trouble shooting, minor and major repairs which can not be
performed in-house, preventative maintenance, rebuilding of traffic signals, and
emergency repairs. Southwest Signal continues to maintain excellent service.
ORDINANCE NO. 11,692
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION
AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT
WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX
HUNDRED AND NO/100 DOLLARS ($133,600.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Ordinance No. 11,693: Consider Approving an Arbitrage Payment to IRS -
Finance.
Ordinance No. 11,693 approves an Arbitrage Rebate Payment to the United States
Internal Revenue Service (IRS) in the amount of $110,243.76 for rebate liability due on
Series 2006B Combination Tax and Revenue Certificates of Obligation.
The Tax Reform Act of 1986, Section 148 of the Internal Revenue Code and Sections
1.148-1.150 of the U.S. Treasury regulations, require that issuers of tax-exempt securities
report to the Internal Revenue Service (IRS), on a five year basis, interest earned on
the gross proceeds of tax-exempt securities. Investment earnings on the gross proceeds
of tax-exempt securities that exceed the yield paid on the bonds by the issuer are subject
arbitrage rebate requirements and create a liability that must be paid to the IRS. Over the
five years since the bonds were issued (reporting period), proceeds of the City of
Baytown Series 2006B Combination Tax and Revenue Certificates of Obligation have
earned investment interest in excess of the interest paid on the bonds by the City
of Baytown, creating a liability of $110,243.76, if approved, allows staff to remit the
required rebate payment of $110,243.76.
ORDINANCE NO. 11,693
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN EXPENDITURE FOR AN
ARBITRAGE REBATE PAYMENT TO THE UNITED STATES
INTERNAL REVENUE SERVICE (IRS) IN THE AMOUNT OF ONE
HUNDRED TEN THOUSAND TWO HUNDRED FORTY-THREE AND
76/100 DOLLARS ($110,243.76) FOR REBATE LIABILITY DUE ON
SERIES 2006B COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
k. Resolution No. 2149: Consider Authorizing a Budgeted Interfund Transfer
Adjustments - Finance.
Resolution No. 2149 authorizes changes in appropriations in the General Fund and Water
and Sewer Fund. Specifically, Resolution No. 2149:
1. eliminates the annual budgeted transfer to the Water & Sewer Fund from the
General Fund for estimated City water & sewer usage in the amount of $327,054,
2. increases the General Fund transfer to the General Obligation Interest & Sinking
Fund by $125,000,
3. increases the Water & Sewer Fund annual budgeted transfer to the General Fund
by $300,000, and
4. eliminates the fourth quarter budgeted transfer from the Water & Sewer Fund to
the Water & Wastewater Interest and Sinking Fund in the amount of $2,248,984.
Section 68 of the Charter authorizes these transfers within the last three months of the
budget year as the City prepares to closeout the fiscal year.
RESOLUTION NO. 2149
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.
1. Resolution No. 2150: Consider Authorization to Apply to HGAC for Funding
of Police Academy Courses - Police.
Resolution No. 2150 authorizes the City Manager to apply for funding through the
Houston -Galveston Area Council (H -GAC) for the City to provide regional law
enforcement training at the Baytown Police Academy facilities. Over past years, H -GAC
has paid the City of Baytown from State or Federal funds for such training. The pre-
requisites for continued participation in this program is the receipt of a package
containing bid proposals together with supporting information and the City Council's
approval. The package includes courses that the Police Department desires to present in
the Baytown Police Academy facility during 2011-12 fiscal year. Monies that are
received from H -GAC will off -set the City's operational costs while continuing the
Baytown Police Academy's status as a regional academy.
RESOLUTION NO. 2150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
APPLY TO THE HOUSTON-GALVESTON AREA COUNCIL FOR
FUNDING FOR REGIONAL LAW ENFORCEMENT TRAINING AT
THE BAYTOWN POLICE ACADEMY DURING FISCAL YEAR 2011-
12; DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM
ANY AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
In. Resolution No. 2151: Consider Amending the Authorized Representatives for
the Texas Local Government Investment Pool "TexPool" - Finance.
Resolution No. 2151 designates Louise Richman, Brent Yowell, Meghan Lair Reed, and
Rhonda Ball as Authorized Representatives to transmit funds for investment in Texas
Local Government Investment Pool ("TexPool"), and to take other actions necessary or
appropriate for the investment of local funds. All transactions and other necessary or
appropriate actions require approval by an Authorized Investment Official as identified in
the City of Baytown Investment Policy.
RESOLUTION NO. 2151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING AUTHORIZED
REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT
INVESTMENT POOL; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
n. Resolution No. 2152: Consider Amending the Authorized Representatives for
the Texas Short Term Asset Reserve Fund "TexStar" - Finance.
Resolution No. 2152 designates Louise Richman, Brent Yowell, Meghan Lair Reed, and
Rhonda Ball as Authorized Representatives to transmit funds for investment in Texas
Short Term Asset Reserve Fund ("TexStar"), and to take other actions necessary or
appropriate for the investment of local funds. All transactions and other necessary or
appropriate actions require approval by an Authorized Investment Official as identified in
the City of Baytown Investment Policy.
RESOLUTION NO. 2152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING AUTHORIZED
REPRESENTATIVES FOR THE PUBLIC FUNDS INVESTMENT
POOL KNOWN AS TEXSTAR SHORT TERM ASSET RESERVE
FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. APPOINTMENTS
a. Appointment: Construction Board of Adjustment and Appeals - Planning
and Development Services/City Clerk.
City Manager Leiper presented the agenda item to consider seven (7) appointments to the
Baytown Construction Board of Adjustments and Appeals. He stated that all
members' terms expired on April 30, 2011 and that Donald Carnes, Mike Chatham,
James Davis, Gary Rhule, and Monte Young have confirmed their desire for another four
(4) year term, which is set to expire on April 30, 2015. Stephen J. Carroll and David
Sherron do not seek reappointment, which leaves two (2) at large openings on this
board. Currently there are no applicants on file for these open positions.
A motion was made by Council Member Brandon Capetillo and seconded by Council
Member David McCartney approving the reappointments of Donald Carnes, Mike
Chatham, James Davis, Gary Rhule, and Monte Young to the Construction Board of
Adjustment and Appeals. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
b. Appointment: Urban Rehabilitation Standards Review Board - Planning and
Development Services/City Clerk.
Mayor DonCarlos stated that he is holding off on this appointment.
C. Appointments: Architecture and Engineering Committee and the Finance
Committee - Administration.
Mayor DonCarlos stated that he is removing himself from the Finance Committee
and appointed Council Member Renteria to the Architecture and Engineering Committee
with Council Members Sain and Capetillo continuing to serve on this Committee as well
along with Council Member Capetillo continuing to serve as the Chair. Mayor DonCarlos
appointed Council Member Hoskins to the Finance Committee and reappointed Council
Members Sheley and McCartney to serve on the Committee as well along with Council
Member McCartney continuing to serve as the Chair.
No vote was needed for this item.
d. Election of the Mayor Pro Tem - City Council.
Mayor DonCarlos stated that pursuant to the policy previously approved, he
recommended to elect Council Member Renteria to serve as Mayor Pro Tem beginning
July 01, 2011 and ending on December 31, 2011.
A motion was made by Council Member David McCartney and seconded by Council
Member Terry Sain approving to elect Council Member Mercedes Renteria as Mayor Pro
Tem beginning July 01, 2011 and ending on December 31, 2011. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
11. MANAGER'S REPORT
a. Pet Adoption Day - Health and EMS.
City Manager Leiper presented that agenda item and stated that the City of Baytown
Animal Shelter will hold a Pet Adoption Day at the Tractor Supply Store located at 6202
Garth Rd. on July 16, 2011, from 11:00 A.M to 4:00 P.M.
b. Present Overview of July 3rd and 4th Celebration - Parks and Recreation.
Parks and Recreation Director, Scott Johnson presented an overview of the City of
Baytown's annual July 3rd and 4th, 2011 Celebration and acknowledged appreciation for
all involved with its success.
Shirley Smith registered to speak before Council in regards to this item.
12. ADJOURN
A motion was made by Council Member Scott Sheley and seconded by Council Member
Terry Sain adjourning the July 14, 2011, City Council Regular Meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo,
Council Member Robert C. Hoskins, Council Member David
McCartney, Council Member Terry Sain, Council Member Scott
Sheley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the July 14,
2011, City Council Regular Meeting of at 9:25 P.M.