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2012 11 08 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 08, 2012 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, November 08, 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 Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Mayor Pro Tem Ron Bottoms Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor Pro Tern Sheley convened the November 08, 2012, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Mayor DonCarlos who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Renteria. 1. MINUTES a. Consider Approving the Minutes of the City Council Work Session and Regular Meeting for October 25, 2012. Mr. Alan Hudgins registered to speak before Council regarding this item and stated that some of his concerns regarding previous minutes were not addressed. Mayor Pro Tern Sheley asked Deputy City Manager Bottoms to review Mr. Hudgins concerns to assure that they are addressed. City Clerk Brysch stated that the minutes are in compliance with State Law. A motion was made by Council Member Terry Sain and seconded by Council Member Robert C. Hoskins approving the October 25, 2012 City Council Work Session and Regular Meeting Minutes. The vote was as follows: City Council Regular Meeting Minutes November 08, 2012 Page 2 of 10 Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent), Council Member David McCartney (Abstain) Approved 2. PROPOSED ORDINANCES a. Consider an ordinance accepting the 2012 Annual Waterline Rehabilitation Project and renewing such contract with PM Construction & Rehab, L.P., for an additional year. Deputy City Manager Bottoms presented the agenda item and stated that Ordinance No. 12,103 closes out the 2012 Annual Waterline Rehabilitation Contract and renews the contract for 2013 in an amount not to exceed $1,000,000.00 with PM Construction & Rehab, L.P. Deputy City Manager Bottoms stated that the scope of work under this annual contract includes waterline rehabilitation work primarily using the pipe- bursting method, but also includes the open- trench method as needed. Deputy City Manager Bottoms stated that PM Construction recently completed the 2012 Annual Waterline Rehabilitation Project, in the amount of $1,249,050.85. He further stated that the original contract was in the amount of $1,000,000.00, but a change order was executed in the amount of $250,000.00 for additional work due to increased water main breaks during the summer season. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,103. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes November 08, 2012 Page 3 of 10 ORDINANCE NO. 12,103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2012 ANNUAL WATERLINE REHABILITATION PROJECT; RENEWING THE ANNUAL WATERLINE REHABILITATION PROJECT WITH PM CONSTRUCTION & REHAB, LLC, FOR 2013; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION AND NO /100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. PROPOSED RESOLUTIONS a. Consider a resolution accepting a grant from the Texas Parks and Wildlife Department from the Texas Recreational Trails Fund for approximately one mile of new decomposed granite trails through the interior of the Baytown Nature Center. Deputy City Manager Bottoms presented the agenda item and stated that Resolution No. 2213 accepts a grant in the amount of $71,550.00 from the Texas Parks and Wildlife Department from the Texas Recreational Trails Fund for approximately one mile of new decomposed granite trails through the interior of the Baytown Nature Center. Deputy City Manager Bottoms stated that this is the second recreational trails grant that the Baytown Nature Center has received and the new trail would provide easy access to the Myra C. Brown Wild Bird Sanctuary at the Baytown Nature Center. He further stated that the total of the 80/20 grant is $71,550.00 and the City's 20% portion would be $14,310.00 and provided with in kind labor, equipment and milled asphalt. The grant will pay for the needed materials to build the trail, benches, an observation deck overlooking the Myra C. Brown Wild Bird Sanctuary and interpretive signage. Deputy City Manager Bottoms stated that Staff applied for the grant in May 2012, was awarded the grant at the August Texas Parks and Wildlife Department's Commissioner meeting and plans to begin construction this winter with a schedule to be completed sometime next fall. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Resolution No. 2213. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes November 08, 2012 Page 4 of 10 RESOLUTION NO. 2213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FROM THE TEXAS RECREATIONAL TRAILS FUND FOR APPROXIMATELY ONE MILE OF NEW DECOMPOSED GRANITE TRAILS THROUGH THE INTERIOR OF THE BAYTOWN NATURE CENTER IN THE AMOUNT OF SEVENTY -ONE THOUSAND FIVE HUNDRED FIFTY AND NO /100 DOLLARS ($71,550.00); AUTHORIZING AN IN -KIND MATCH IN THE AMOUNT OF FOURTEEN THOUSAND THREE HUNDRED TEN AND NO /100 DOLLARS ($14,310.00); AUTHORIZING THE CITY MANAGER TO TAKE FURTHER ACTION TO SECURE THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution requesting the members of the 83rd Legislative Session of the State of Texas support increased funding for the Texas Recreation & Parks Account Local Park Grant Program and the Texas State Park System. Deputy City Manager Bottoms presented the agenda item and stated that Resolution No. 2214 encourages the members of the 83rd Legislative Session of the State of Texas to support increased funding for the Texas Recreation & Parks Account Local Park Grant Program and the Texas State Park System. He stated that since 1971, the City of Baytown has received over $3.1 million in grant funds; however, funding for the program was cut. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Resolution No. 2214. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes November 08, 2012 Page 5 of 10 RESOLUTION NO. 2214 A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING THE MEMBERS OF THE 83RD LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT AND LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT PROGRAMS AND THE TEXAS STATE PARK SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. DISCUSSIONS a. Discuss the transition for "stand alone" operations of the Baytown Beautification Advisory Committee. Ms. Meagan Vaughn, Vice President of Keep Baytown Beautiful Incorporated stated that the organization received it's 501(c)(3) approval letter and is working its way to transitioning from the Baytown Beautification Advisory Committee into a completely independent nonprofit organization. Ms. Vaughn thanked the Council and staff for their support during this process and wanted to in inquire if they could continue to receive assistance from the City staff for their website and grant writing questions. She further stated that once separated from the BBAC, there would need to be a separate treasure account; however, she was not clear as to what role the City would continue to play in the organization's financials, i.e. signatures on checks, approval or expenditures, etc. Ms. Vaughn stated that during a discussion with Mr. Mike Lester, Director of Health and EMS that they would need to get with the City's finance department regarding those issues. Mayor Pro Tern Sheley stated that they would look at providing assistance for them and thanked them for their service and many accomplishments. Council Member Capetillo inquired if the City would have any oversight over the BBAC, such as a type of audit. Ms. Vaughn stated that in their bylaws state that as longs as Keep Baytown Beautiful is under the umbrella of the City, the City would have a say regarding funding and financials. Mayor Pro Tem Sheley suggested that City staff and the Keep Baytown Beautiful Board of Directors meet to discuss the organization's questions and concerns. 5. CONSENT A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving consent agenda items 5.a. through 5.g. in support and recognition of the many men and women that serve or have served in our armed forces. The vote was as follows: City Council Regular Meeting Minutes November 08, 2012 Page 6 of 10 Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved a. Consider an ordinance authorizing Change Order No. 4 to the CDBG Non - Housing Wastewater Emergency Power: Auxiliary Pumps and Lift Station Project contract with Nunn Constructors, Ltd. ORDINANCE NO. 12,104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 4 WITH NUNN CONSTRUCTORS, LTD, FOR THE CDBG NON - HOUSING WASTEWATER EMERGENCY POWER PROJECT: AUXILIARY PUMPS AND LIFT STATION SUBJECT TO REVIEW BY THE TEXAS GENERAL LAND OFFICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the renewal of an annual agreement with United Healthcare of Texas for medical stop -loss coverage. ORDINANCE NO. 12,105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED EIGHT HUNDRED THIRTY -NINE THOUSAND SEVEN HUNDRED EIGHTY -SEVEN AND NO /100 DOLLARS ($839,787.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from HD Supply Waterworks, Ltd. City Council Regular Meeting Minutes November 08, 2012 Page 7 of 10 ORDINANCE NO. 12,106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR HUNDRED FORTY -ONE THOUSAND AND NO /100 DOLLARS ($441,000.00) TO HD SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the renewal of the Annual Sulfur Dioxide Contract to DXI Industries, Inc. ORDINANCE NO. 12,107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND FIVE HUNDRED SIXTY AND NO /100 DOLLARS ($50,560.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing payment for Year 3 of the Agreement for Financial Auditing Services with Belt Harris Pechacek, LLLP. ORDINANCE NO. 12,108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT FOR FINANCIAL AUDITING SERVICES TO BELT HARRIS PECHACEK, LLLP, IN AN AMOUNT OF NINETY -SIX THOUSAND TWO HUNDRED THIRTY - EIGHT AND NO /100 DOLLARS ($96,238.00) PURSUANT TO THE AGREEMENT FOR FINANCIAL AUDITING SERVICES WITH BELT HARRIS PECHACEK, LLLP; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the City Manager to negotiate contracts with Texas Sounds Entertainment for musical and emcee performances for the City of Baytown's July 3rd and 4th Celebrations and Grito Fest in 2013. City Council Regular Meeting Minutes November 08, 2012 Page 8 of 10 ORDINANCE NO. 12,109 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACTS WITH TEXAS SOUNDS ENTERTAINMENT FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF BAYTOWN'S JULY 3RD AND 4TH CELEBRATION AND GRITO FEST IN 2013; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY HOUSAND AND NO /100 DOLLARS ($120,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider a resolution approving the City of Baytown's Investment Policy and Investment Strategies in accordance with the Public Investment Act. RESOLUTION NO. 2215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE CITY OF BAYTOWN'S INVESTMENT POLICY AND INVESTMENT STRATEGIES IN ACCORDANCE WITH THE PUBLIC FUNDS INVESTMENT ACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Consider three appointments to the Baytown Emergency Medical Service Advisory Committee. Deputy City Manager Bottoms presented the agenda item to consider the three appointments of Dr. James Bernick, Ms. Jonna Cagle -Page, and Mr. Zachary Brackin to the Baytown Emergency Medical Service Advisory Committee. He stated that Dr. James Bernick, Ms. Jonna Cagle -Page, and Ms. Gail Kenney are all current members of the Committee and are serving terms expiring December 11, 2012. Additionally, he stated that Dr. Bernick and Ms. Kenney both desire reappointment, but Ms. Cagle -Page is not seeking reappointment, leaving one vacancy on this Board. Deputy City Manager Bottoms stated that Mr. Brackin's application was on file to fill this vacancy. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving the appointments of Dr. Bernick, Ms Kenny, and Mr. Brackin to the Baytown Emergency Medical Services Advisory Committee. The vote was as follows: City Council Regular Meeting Minutes November 08, 2012 Page 9 of 10 Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved 7. MANAGER'S REPORT a. The Deputy City Manager will present information regarding community events and updates. Deputy City Manager Bottoms presented the information regarding community events and updates, such as: • The Next City Council Meeting is Monday, November 19th, 2012 at 6:30 P.M. in the City Council Chambers, • The Annual Veterans Day Service will be held at the Veterans Memorial Plaza located at Bicentennial Park, on Sunday, November 11, 2012, at 11:00 A.M., • The Baytown Recycles Day, Saturday, November 10, 2012, at the Lowe's parking lot, from 9:00 A.M. to 2:00 P.M., • City offices will be closed for the Thanksgiving Holiday, November 22 - 23, 2012, and will reopen on Monday, November 26th, at 8:00 A.M. • Baytown Christmas Parade is on Thursday, December 6th, and • Christmas on Texas Avenue is on Saturday, December 8th. 8. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III adjourning the November 08, 2012, City Council Regular Meeting. The vote was as follows: Ayes: Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Other: Mayor Stephen DonCarlos (Absent) Approved City Council Regular Meeting Minutes November 08, 2012 Page 10 of 10 With there being no further business to discuss, Mayor Pro Tern Sheley adjourned the November 08, 2012, City Council Regular Meeting at 6:59 P.M.