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2012 07 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 12, 2012 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 12, 2012, 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 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 Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the July 12, 2012, City Council Regular Meeting with a quorum present at 6:33P.M., all members were present with the exception of Council Member Mercedes Renteria III. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Robert Hoskins. 1. MINUTES a. Consider Approving the Minutes of the City Council Work Session and Regular Meeting for June 14, 2012 - City Clerk. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving the minutes of the City Council Work Session and Regular Meeting held on June 14, 2012. 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, and Council Member Scott Sheley Nays: None Other: Mercedes Renteria III (Absent) City Council Regular Meeting Minutes July 12, 2012 Page 2 of 6 Approved 2. PROPOSED RESOLUTIONS a. Grant Application: U.S. Department of HUD 2012 -13 Community Development Block Grant (CDBG) Funds - Planning and Development Services. City Manager Bob Leiper presented the item and stated that Resolution No. 2197 authorizes the city manager to submit an application to HUD for the 2012 -13 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 14th and recommended for adoption by the Community Development Advisory Committee ( "CDAC "). The CDAC held two public hearings to hear the requests and ask questions of applicants. The CDAC held a subsequent meeting to discuss the proposals and prepare a budget recommendation. On May 15, 2012, CDAC finalized its budget recommendation, which includes 16 programs totaling $1,095,628. The recommended budget was made available to the public for review and CDAC held a public hearing on May 22 "d, 2012, to receive comments. The required public comment period ended on July 2, 2012; no written comments were received. Staff concurs with the CDAC recommendation. City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget, which will be submitted to HUD as the 2012 -13 CDBG Action Plan on or before August 15, 2012. Amount Budgeted and Source of Funding: FYI CDBG Annual Entitlement $612,718 Previous Years and FYI I Anticipated Unexpended Funds $419,638 Anticipated FY12 Program Income $63,272 Total Available (Estimate) $1,095,628 The CDBG Action Plan and Budget promotes the City's vision by funding programs that provide services to low- income persons and help to redevelop low- income areas. A motion was made by Council Member David McCartney and seconded by Council Member Robert Hoskins approving Resolution No. 2197 as submitted. 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, and Council Member Scott Sheley Nays: None Other: Mercedes Renteria III (Absent) Approved City Council Regular Meeting Minutes July 12, 2012 Page 3 of 6 RESOLUTION NO. 2197 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 2012 -2013 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. 3. REPORTS a. Receive Baytown Crime Control and Prevention District 2012 -13 Proposed Budget - Finance. City Manager Leiper presented the item and stated that in accordance with the alternative budget procedures adopted by the Baytown Crime Control and Prevention District ( "CCPD ") and State law, the Board is submitting the CCPD 2012 -13 Fiscal Year budget to the City Council within 10 days after the budget is adopted. The CCPD Board of Directors ( "Board ") met on Tuesday, July, 10, 2012, and approved its 2012 -13 Fiscal Year budget. As such, this agenda item acknowledges that the Board has submitted its budget and that the City Council has received it. City Manager Leiper stated that per State law, the City Council may not amend the proposed budget, only approve or reject it. If the Council rejects it, then the City Council and the Board shall meet and together amend and approve the budget before October 1, 2012. City Manager Leiper reminded the Council that the public hearing for this budget is scheduled for August 09, 2012, and consideration for the approval of the budget is scheduled for August 23, 2012. 4. CONSENT A motion was made by Council Member Scott Sheley and seconded by Council Member David McCartney approving the consent agenda, items 4.a through 4.b. in honor of those men and women who served aboard the BAYTOWN EXXON ship. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David City Council Regular Meeting Minutes July 12, 2012 Page 4 of 6 McCartney, Council Member Terry Sain, and Council Member Scott Sheley Nays: None Other: Mercedes Renteria III (Absent) Approved a. Ordinance No. 11,977 authorizes the renewal of the Annual Mosquito Control Chemical Contract - Finance /Health and EMS. ORDINANCE NO. 11,977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING A PORTION OF THE ANNUAL MOSQUITO CONTROL CONTRACT WITH ADAPCO, INC., FOR ITEM NOS. 10 AND 13, WITH TARGET SPECIALTY PRODUCTS, F/K/A B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3,4 AND 12,WITH UNIVAR USA, INC., FOR ITEM NOS. 1, 8, AND 9, AND WITH CLARKE MOSQUITO CONTROL PRODUCTS, INC., FOR ITEM NOS. 2, 6A, 613, 11 AND 14; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY -SIX THOUSAND AND NO /100 DOLLARS ($46,000.00) FOR SUCH RENEWALS; AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -FOUR THOUSAND AND NO /100 DOLLARS ($54,000.00) TO CLARKE MOSQUITO CONTROL, AS THE SOLE SOURCE, FOR THE PURCHASE OF READY -TO -USE PYRETHROID WITH SYNERGIST -ULV; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance No. 11,978 authorizes the renewal of the Annual Cleanup and Mowing Contract - Finance/Health and EMS. ORDINANCE NO. 11,978 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. 5. APPOINTMENTS City Council Regular Meeting Minutes July 12, 2012 Page 5 of 6 a. Appointment: Baytown Beautification Advisory Commission Appointment - City Clerk/Health and EMS. City Manager Leiper presented that item and stated that there is one vacancy on this Board left open by Ms. Cindy Coker who has moved outside of the city limits. There are two applications in the packet for your review. A motion was made by Council Member Robert Hoskins and seconded by Council Member David McCartney approving the appointment of Ms. Kathy McClure to the Baytown Beautification Advisory Commission (BBAC). 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, and Council Member Scott Sheley Nays: None Other: Mercedes Renteria III (Absent) Approved b. Appointment: Planning and Zoning Commission - City Clerk. City Manager Leiper presented the item and stated that there is vacancy on the Planning and Zoning Commission, which is a District No. Three nomination and there are three applicants for the Council's consideration. A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney approving the appointment of Mr. Bo Cox to the Baytown Planning and Zoning Commission. 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, and Council Member Scott Sheley Nays: None Other: Mercedes Renteria III (Absent) Approved 6. MANAGER'S REPORT City Council Regular Meeting Minutes July 12, 2012 Page 6 of 6 a. Ceremony for Placement of Firefighter Gaston Gagne's Name to the Baytown Fallen Firefighter Memorial - Fire. City Manager Leiper stated that there will be a ceremony to commemorate the placement of Firefighter Gaston Gagne's name to the Baytown Fallen Firefighter Memorial which will take place on Saturday, July 28, 2012, at 9:00 a.m., located in the Bicentennial Park, Baytown, Texas. Mayor DonCarlos stated that he will regretfully be out of town on that date, but encouraged everyone to attend. Other announcements presented at the meeting were the following: • The Council concurred to meet on August 6 and 7, 2012 at 5:30 p.m. to hold the budget work sessions in the Council Chambers. City Manager Leiper reminded the Council that they will received the Municipal Budget FY 2012 -13 at their July 26i° meeting. • Council Member Capetillo stated that in his conversation with the managing principal for the Texas Roadhouse in town, the managing principal stated that of the 400 Roadhouse locations across the country, the Baytown location had broken the company record for the most amount of guests in the first seven day period from the time of opening. • The City Manager and Council recognized the members of the CDAC and the Planning and Development Services Department that were present at the meeting for their dedicated work on the CDBG budget. 7. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the July 12, 2012, City Council Regular Meeting at 6:45 P.M.