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2012 12 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 13, 2012 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, December 13, 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 Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Council Member Council Member Council Member Council Member Council Member Council Member Stephen H. DonCarlos Mayor Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the December 13, 2012, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. SWEARING -IN CEREMONY a. Administer the oath of office to Mayor Stephen H. DonCarlos for his third term of office as Mayor of the City of Baytown. Representative Wayne Smith administered the oath of office to Mayor Stephen H. DonCarlos for his third term of office as Mayor of the City of Baytown. 2. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on November 19, 2012. Alan Hudgins registered to speak before Council regarding item 2.a. City Council Regular Meeting Minutes December 13, 2012 Page 2 of 21 A motion was made by Council Member David McCartney, and seconded by Council Member Robert C. Hoskins approving the November 19, 2012, City Council Special 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, Mayor Pro Tern Scott Sheley Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Richard Park requested to address Council regarding the security of the old San Jacinto Methodist Hospital Decker Drive Campus and to discuss possible demolition. Mr. Park requested 24 hour police security of the building effective immediately along with the posting of no trespassing signs and to refer this matter to the United States Attorney Office for prosecution of an action against the parties responsible for the environmental disaster. b. Ms. Michelle Phillips requested to address Council regarding its possible participation and co- hosting of the Crusin Texas Toy Drive 2012. C. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda and recognized City of Baytown employees for their Years of Service (5, 10, 15 plus years). 5 YEARS: Jacqueline Carmona, Municipal Court Clerk Adrian Jones, Public Works, Utility Maintenance Technician Jose Barbosa, Public Works, Senior Traffic Control Worker Alba Mery Parra, Municipal Court Clerk Guadalupe Quintero, Public Works, Utility Maintenance Technician 15 YEARS: Karen Jones, Court Administrator Julie Escalante, Municipal Court Judge Guadalupe Montalvo, Public Works, Senior Mechanic 20 YEARS: Maria Olivares, Municipal Court Clerk Jeanene Young, Legal, Administrative Assistant City Council Regular Meeting Minutes December 13, 2012 Page 3 of 21 30 YEARS: Keith Dougherty, Chief of Police Ricardo Ibarra, Patrol Officer Chief Dougherty also presented Mr. Ricardo Ibarra, his 6th Honorable Conduct Medal and Certificate. d. Present Mr. Kevin Harvill, Assistant Director of Public Works and Mr. Roy Rodriguez, Utilities Superintendent as new Certified Public Managers. City Manager Leiper presented Mr. Kevin Harvill, Assistant Director of Public Works and Mr. Roy Rodriguez, Utilities Superintendent as new Certified Public Managers. e. Recognize the Citizen on Patrol Volunteers of the Year. In an effort to continue to provide excellent public service, the Chief of Police recognized Doyle Ives and Eugene Farek as Citizen on Patrol Volunteers of the Year. He stated that from January 2012 to October 2012 these volunteers issued 158 of the 291 disabled parking citations written during this period and because of their efforts the amount of fines assessed was $47,309. 4. REPORTS a. Present the City of Baytown 2012 Tourism Report. Baytown Tourism Coordinator, Anna Enderli, presented a report on tourism activities in Baytown, including some background information on Baytown tourism venues and hotels. Ms. Enderli provided a strategic plan for how the City can best market Baytown and its attractions. 5. ANNEXATION OF 2.473 ACRES a. Consider an ordinance for the second and final reading of the annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street. City Manager Leiper presented the agenda item and stated that on September 13, 2012, the City Council authorized staff to prepare a service plan for the annexation of approximately 2.473 acres located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, Harris County, Texas. City Manager Leiper stated that Staff, per the Council's direction, created a service plan on September 17, 2012 and notice of the first and second public hearings was published in the September 16, 2012 issue of the Baytown Sun and posted on the City of Baytown's notice board and website on September 14, 2012. He stated that the first and second public hearings were held on September 27, 2012. City Council Regular Meeting Minutes December 13, 2012 Page 4 of 21 City Manager Leiper stated that the first reading of this ordinance took place on October 25, 2012 and a copy of the ordinance was published in the November 02, 2012 issue of the Baytown Sun. Additionally, he stated that this is for the Gymnastic Center that is being built. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,089. 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, Mayor Pro Tem Scott Sheley Nays: None Approved ORDINANCE NO. 12,089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 2.473 ACRES LOCATED ON THE SOUTH SIDE OF EAST WALLISVILLE ROAD AND EAST OF NORTH MAIN STREET, LEGALLY KNOWN AS THE NORTH 25 FEET OF LOT 1 OF BELTWAY GAS AND GO, THE NORTH 25 FEET OF LOTS 3 AND 4 OF MEMORIAL BAYTOWN BUSINESS PARK, AND LOT 5 OF MEMORIAL BAYTOWN BUSINESS PARK, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance placing the property annexed into the City of Baytown in the previous agenda item and being generally described as being located on the south side of East Wallisville Road and east of North Main Street, legally known as the north 25 feet of Lot 1 of Beltway Gas and Go, the north 25 feet of Lots 3 and 4 of Memorial Baytown Business Park, and Lot 5 of Memorial Baytown Business Park, into Council District No. 4. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,122. 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, Mayor Pro Tem Scott Sheley Nays: None Approved ORDINANCE NO. 12,122 City Council Regular Meeting Minutes December 13, 2012 Page 5 of 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING APPROXIMATELY 2.473 ACRES LOCATED ON THE SOUTH SIDE OF EAST WALLISVILLE ROAD AND EAST OF NORTH MAIN STREET, LEGALLY KNOWN AS THE NORTH 25 FEET OF LOT I OF BELTWAY GAS AND GO, THE NORTH 25 FEET OF LOTS 3 AND 4 OF MEMORIAL BAYTOWN BUSINESS PARK, AND LOT 5 OF MEMORIAL BAYTOWN BUSINESS PARK, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. CHEVRON PHILLIPS DISANNEXATION /ANNEXATION a. Consider an ordinance of the first reading of the disannexation of approximately 217.726 acres located at the northeast corner of Interstate 10 and Sjolander Road. City Manager Leiper presented the item and stated that items 6.a. and 6.b. is the land swap being done with Chevron to accommodate the expansion of their chemical plant, but while retaining their administrative buildings in the City. City Manager Leiper stated that on October 25, 2012, the City Council granted a petition from Chevron Phillips Chemical for disannexation of a portion of its property that is located within the city limits at the northeast corner of I -10 and Sjolander Road. He stated that this petition began the process of removing sections of the Chevron Phillips Chemical complex from the city limits to be added to Industrial District No. 2. He stated that the area to be disannexed includes an office building and portions of the plant complex. City Manager Leiper stated that this disannexation process is running concurrently with the voluntary annexation of 101.266 acres that overlaps a portion of the disannexed area to include the office building and a proposed new lab and follows a similar path as annexations. He stated that the notice of the first and second public hearings was published in the November 04, 2012 issue of the Baytown Sun and posted on the City of Baytown's notice board and website on November 02, 2012. City Manager Leiper stated that the first and second public hearings were held on November 19, 2012, and the second reading of the ordinance is scheduled for January 24, 2013. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,123. The vote was as follows: City Council Regular Meeting Minutes December 13, 2012 Page 6 of 21 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, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 217.726 ACRES LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER ROAD, WHICH SAID TERRITORY LIES WITHIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Consider an ordinance of the first reading of the annexation of approximately 101.266 acres of land located at the northeast corner of Interstate 10 and Sjolander Road. City Manager Leiper presented the agenda item and stated that on October 25, 2012, the City Council granted a petition from Chevron Phillips Chemical for annexation of 101.266 acres in the George Ellis Survey Abstract No. 21 and in the William Bloodgood Survey Abstract No. 4. He stated that this 101.266 acre tract of land located on the northeast corner of Interstate 10 and Sjolander Road is contiguous to the city limits of Baytown and is without residents. He stated that the property consists of an office building and a proposed lab. City Manager Leiper stated that Council directed staff to complete a Service Plan on October 25, 2012 and the plan was completed on November 02, 2012. He stated that the notice of the first and second public hearings was published in the November 04, 2012 issue of the Baytown Sun and posted on the City of Baytown's notice board and website on November 02, 2012. He stated that the first and second public hearings were held on November 19, 2012 and the second reading of the ordinance is scheduled for January 24, 2013. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,124. 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, Mayor Pro Tem Scott Sheley Nays: None Approved ORDINANCE NO. 12,124 City Council Regular Meeting Minutes December 13, 2012 Page 7 of 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 101.266 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF INTERSTATE 10 AND SJOLANDER ROAD, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 7. PROPOSED ORDINANCES a. Consider an ordinance authorizing an interlocal agreement with Harris County for the signalization project at the intersection of Garth Road and Archer Road. City Manager Leiper presented the agenda item and stated that under the Agreement, the County would provide engineering services, manage and award the construction contract, and pay 50% of the costs of engineering and construction; and the City would acquire an easement, grant the County access to the project site and pay 50% of the costs of engineering and construction. He stated that the funding limit for the City and the County individually is $151,173.00. Additionally, City Manager City Manager Leiper stated that he requested that a dedicated right turn lane be included in the project and is confident that it would be a success. A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,125. 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, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE SIGNALIZATION PROJECT AT THE INTERSECTION OF GARTH ROAD AND ARCHER ROAD; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY- City Council Regular Meeting Minutes December 13, 2012 Page 8 of 21 ONE THOUSAND ONE HUNDRED SEVENTY -THREE AND NO 1100 DOLLARS ($151,173.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing Amendment No. 1 to the interlocal agreement with Harris County for the relocation and /or modification of utilities affected by Harris County's construction of N. Main Street from I -10 to Wallisville Road. City Manager Leiper presented the agenda item and stated that for some time there's been a plan to do a utility project and extend utilities to the Goose Creek Memorial High School. He stated that the initial process was to put in the utilities since there was no specific date of when the road was going to be built and that the city's contribution would be right -f -way acquisitions. City Manager Leiper stated that in return, the County's right -of -way department did all of the right -of- way acquisitions at no administrative costs to the City, with the exception of the right -of -way easements outside of what the County agreed upon. He stated that when the project first started, the city put a down payment of $500,000. He stated that the costs for the right -of -way easements and the San Jacinto River Authority adjustment of the canal would be right at $1,500,000. A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,126. 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, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR THE RELOCATION AND /OR MODIFICATION OF UTILITIES AFFECTED BY HARRIS COUNTY'S CONSTRUCTION OF N. MAIN STREET FROM I -10 TO WALLISVILLE ROAD; AUTHORIZING ADDITIONAL PAYMENT IN AN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED THIRTY -FOUR THOUSAND TWO HUNDRED SIXTY -SIX AND 50 1100 DOLLARS ($1,234,266.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing Change Order No. 5 to the construction contract with LEM Construction Company, Inc., for the West District WWTP Expansion Project. City Council Regular Meeting Minutes December 13, 2012 Page 9 of 21 City Manager Leiper presented the agenda item and stated the West District Waste Water Treatment Plant Expansion Project was started in the late 1990's and the design for the plant expansion was completed in August 2005, but the construction contract was not awarded until April 2011, with a two year construction time line. He stated that the amount of the change order is $632,000 which is less than 6% of the cost of the project. City Manager Leiper stated that the public works and engineering staff identified a number of efficiency improvements, in both the new and the old part of the plant, which includes several safety and usability items; adding safety lighting; a new sampling station; adding and relocating drain lines; relocating and adding control panels; and a couple of engineering enhancements that were missed by the design engineer. City Manager Leiper stated that the designs were made at no costs to the City. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,127. 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, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 WITH LEM CONSTRUCTION COMPANY, INC., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF SIX HUNDRED THIRTY -TWO THOUSAND SIX HUNDRED SIXTY -THREE AND 64/100 DOLLARS ($632,663.64) AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a 380 Agreement and the Second Amendment to the existing 380 Agreement with Goose Creek IH1, LLC, subject to the approval of the funding therefor by the Baytown Municipal Development District. City Manager Leiper presented the agenda item and stated that a redlined agreement clarified that Mr. Chris Presley invested more than $400,000 in the project and that the City would provide a 6" water line across the street from the property to service the building. City Manager Leiper stated that Ordinance No. 12,128 releases the property now known as 650 W. Texas Avenue from the Chapter 380 Economic Development Agreement and Lease executed City Council Regular Meeting Minutes December 13, 2012 Page 10 of 21 in 2010 and conveys the same to GCIHI for the above - described economic development project upon receipt of a deposit from GCIH 1. He stated that if the project is undertaken according to the terms of the agreement, the deposit would be refunded to GCIHI. City Manager Leiper stated that under the new Chapter 380 Agreement, the City would provide two $20,000 grants; the first given when GCIHI obtains a certificate of occupancy for the structure; and the second given when GCIH 1 leases out more than 50% of the space for at least for greater than 2 years. A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins approving Ordinance No. 12,128 with the changes noted from the redlined packet. 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, Mayor Pro Tern Scott Sheley Nays: None Approved ORDINANCE NO. 12,128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUBJECT TO THE APPROVAL OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND LEASE WITH GOOSE CREEK IH 1, LLC ( "GCIH V); SUBJECT TO THE APPROVAL OF FUNDING BY THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT WITH GOOSE CREEK IH 1, LLC, AND PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO 1100 DOLLARS ($40,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an interlocal agreement with the Baytown Municipal Development District for funding a development project to be located at 650 W. Texas Avenue. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,129 authorizes an interlocal agreement with Baytown Municipal Development District for funding a development project to be located at 650 W. Texas Avenue. A motion was made by Council Member Terry Sain and seconded by Council Member David McCartney approving Ordinance No. 12,129. The vote was as follows: City Council Regular Meeting Minutes December 13, 2012 Page 11 of 21 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, Mayor Pro Tem Scott Sheley Nays: None Approved ORDINANCE NO. 12,129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF A DEVELOPMENT PROJECT TO BE LOCATED AT 650 W. TEXAS AVENUE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the merger of the Emergency Medical Services Division of the Health Department into the Fire Department and authorizing the Third Amendment to the Collective Bargaining Agreement for October 01, 2010, through September 30, 2014, with the International Association of Firefighters Local 1173. City Manager Leiper presented the agenda item and stated that Ordinance No. 12,130 authorizes the merger of the Emergency Medical Services Division of the Health Department into the Fire Department and authorizes the Third Amendment to the Collective Bargaining Agreement for October 01, 2010, through September 30, 2014, with International Association of Firefighters Local 1173. The agreement: • addresses the extension of civil service benefits to the current EMS employees; • affords current EMS employees the opportunity to become certified as firefighters during a transition period but does not require the same; • recognizes current EMS employees as part of the bargaining unit; • requires firefighters hired on or after the effective date of the agreement to be certified as paramedics; • does not require current firefighters to become certified as paramedics or to be assigned to an ambulance; • establishes new classifications in the Fire Department for current EMS employees and the number of positions in each such classification; • addresses duties, temporary duties in higher classifications, promotions, demotions, reductions in force, seniority, and compensation concerning current EMS employees; • contains an evergreen provision to ensure that the civil service protections granted to the EMS personnel do not expire; City Council Regular Meeting Minutes December 13, 2012 Page 12 of 21 • contains provisions regarding hazmat certification pay, hazmat assignment pay and paramedic assignment pay; and • extends the agreement for one year but allows the Union and the City to open up to three additional articles for year 5 of the agreement. City Manager Leiper stated that the Third Amendment, if passed, would not be effective until after January 01, 2013. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,130. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tcm Scott Sheley Nays: Council Member Robert C. Hoskins Approved ORDINANCE NO. 12,130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MERGER OF THE EMERGENCY MEDICAL SERVICES DIVISION OF THE HEALTH DEPARTMENT INTO THE FIRE DEPARTMENT; AUTHORIZING THE THIRD AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution canceling the Regular City Council meeting scheduled for Thursday, February 28, 2013. City Manager Leiper presented the agenda item and stated that Resolution No. 2217 cancels the Regular City Council meeting scheduled for Thursday, February 28, 2013, to accommodate the City's participation in a full - scale, real - time emergency response and recovery exercise. A motion was made by Council Member Brandon Capetillo and seconded by Council Member Mercedes Renteria III approving Resolution No. 2217. 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, Mayor Pro Tem Scott Sheley Nays: None Approved RESOLUTION NO. 2217 City Council Regular Meeting Minutes December 13, 2012 Page 13 of 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON FEBRUARY 28, 2013, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS a. Discuss possible amendments to the noise ordinance codified as Chapter 34 "Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances, Baytown, Texas. City Manager Leiper presented the agenda item to continue the discussions started in recent work sessions and continued in the November 13th regular meeting. He stated that the noise levels are written for slow response meters and because the noise levels arc different in all areas of Baytown the concept of baseline has been discussed. He stated that baseline is an acoustical industry term that is LA90 meaning 90% of the noise levels generated. He stated that the top 10% of the peak is not calculated in the baseline which is done by the meter and that baseline is not the average. He stated that the average is much more susceptible to swings when there is noise peaks. City Manager Leiper stated that according to the industry experts, when trying to capture impulse noise, a fast response needs to be used on the meter because it is not a long term noise. He stated that if this ordinance does not work, then it only takes a 72 hour notice to put the item on the agenda to try something else. Council Member McCartney stated that his concern for his district is that as the industry grows the baseline would increase and what was once tolerable would not be and inquired of how the dba number of 15 was determined. City Manager Leiper stated that number 15 was used because it easily captured the incidents targeted. Council Member McCartney recommended having the noise consultant speak before Council to confirm his agreement with the direction in which the amendment is going to address the noise concerns. City Manager Leiper stated that the consultant agreed that the wording and the concept is great to deal with the problem with impulse noises but was unable to attend the meeting. Council Member Rentcria inquired if there could be a pilot program to test and see where the city measured up. City Manager Leiper stated that the pilot program was not proposed because of the cost of the meters but it could be done at Council's request. City Attorney, Ignacio Ramirez stated that something similar to this could be adopted with an education period that provided written notices. City Council Regular Meeting Minutes December 13, 2012 Page 14 of 21 Mayor DonCarlos requested that a work session with the attendance of the noise consultant and an action item on the council agenda be scheduled in January. City Manager Leiper inquired if the consensus from Council was to proceed with the pilot program on the baseline impulse concern. The consensus from Council was to proceed with the pilot program. During further discussion, there was an inquiry of who would be trained to monitor the noise. City Manager Leiper stated that both the health and police departments would provide the monitoring. Additionally, City Manager Leiper stated that health would monitor the day shift and police would monitor the night shift with at least one officer per night shift. City Manager Leiper stated for clarification, that these calls would not be a priority for the police in the event that they are busy, but if it continues to be a problem to where the calls can't be properly addressed then adjustments would be made. Charlie Canatella and Alan Hudgins both registered to speak before Council regarding agenda item 9.a. Mr. Charlie Canatella, Plant Manager from TMK/IPSCO stated that they are prepared to support a noise ordinance that is reasonable, enforceable, and that treats all businesses equally and fairly. Mr. Canatella stated that they are currently in the process of making significant changes to abate their noises and keep them down. Mr. Alan Hudgins stated that he did not support the baseline plus 15 proposal because it is counterproductive in providing standardized protection for all citizens. b. Discuss City Council involvement in appointments to the Youth Advisory Commission. Mayor Pro Tern Sheley presented the agenda item to extend the participation of City Council in nominating youth to the YAC in order to ensure that the program remains well - staffed and vibrant. All nominations were to be directed to Mayor Pro Tern Sheley. 10. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A motion was made by Mayor Pro Tern Scott Sheley and seconded by Council Member David McCartney approving consent agenda items 10.a. through 10.o. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Council City Council Regular Meeting Minutes December 13, 2012 Page 15 of 21 Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Approved a. Consider an ordinance awarding the Annual Concrete Aggregate Contract to Smart Materials, Inc. ORDINANCE NO. 12,131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SMART MATERIALS, INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED THOUSAND AND N01100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a contract renewal with Environmental Management Resources, Inc., (EMR) for emergency restoration and repair of stormwater collection systems. ORDINANCE NO. 12,132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY SEWER PUMPING AND DISPOSAL AGREEMENT WITH ENVIRONMENTAL MANAGEMENT RESOURCES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Pre -Event Contract Renewal with Neel - Schaffer, Inc., for emergency debris monitoring services. ORDINANCE NO. 12,133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT TO MONITOR PERFORMANCE OF DEBRIS REMOVAL CONTRACTS WITH NEEL- SCHAFFER, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Pre -Event Contract Renewal with Grubbs Emergency Services, LLC, for emergency debris removal services. City Council Regular Meeting Minutes December 13, 2012 Page 16 of 21 ORDINANCE NO. 12,134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY DEBRIS REMOVAL PRE -EVENT CONTRACT WITH GRUBBS EMERGENCY SERVICES, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Pre -Event Contract Renewal with Sysco Food Services of Houston L.P., for standby emergency services for food and supplies. ORDINANCE NO. 12,135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY SERVICES FOR FOOD AND SUPPLIES PRE -EVENT AGREEMENT WITH SYSCO FOOD SERVICES OF HOUSTON L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance authorizing a Pre -Event Contract Renewal with Malcolm Pirnie, Inc., for the emergency debris monitoring services. ORDINANCE NO. 12,136 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT TO MONITOR PERFORMANCE OF DEBRIS REMOVAL CONTRACTS WITH MALCOLM PIRNIE, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Pre -Event Contract Renewal with BAMACO, Inc., for emergency debris removal services. ORDINANCE NO. 12,137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY DEBRIS REMOVAL PRE -EVENT CONTRACT WITH BAMACO, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Construction Materials Contract with Deer Park Lumber Company, Ltd. ORDINANCE NO. 12,138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONSTRUCTION MATERIALS CONTRACT WITH DEER PARK LUMBER COMPANY, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF City Council Regular Meeting Minutes December 13, 2012 Page 17 of 21 SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; ANDPROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an interlocal agreement with Harris County for a mass prophylaxis closed point of distribution to dispense medication and supplies. ORDINANCE NO. 12,139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR A MASS PROPHYLAXIS CLOSED POINT OF DISTRIBUTION TO DISPENSE MEDICATION AND SUPPLIES TO IDENTIFIED PERSONNEL, CONTRACTORS AND FAMILY MEMBERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing a Payment in Lieu of Taxes Agreement with S.A.F.E. Chemicals, LLC. ORDINANCEN NO. 12,140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PAYMENT IN LIEU OF TAXES AGREEMENT WITH S.A.F.E. CHEMICALS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing a contract with the Texas Department of State Health Services for online computer services to research the DSHS database to issue certification of vital records. ORDINANCE NO. 12,141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR ONLINE COMPUTER SERVICES TO RESEARCH ITS DATABASE TO ISSUE CERTIFICATION OF VITAL RECORDS; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO 1100 DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the Closeout of the Evaluation of the Potential Water Well Site. City Council Regular Meeting Minutes December 13, 2012 Page 18 of 21 ORDINANCE NO. 12,142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EVALUATION OF THE POTENTIAL WATER WELL SITE LOCATED ON N. MAIN STREET NEAR THE INTERSECTION OF W. ARCHER ROAD PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF EIGHT THOUSAND SEVEN HUNDRED FIFTEEN AND NO 1100 DOLLARS ($8,715.00) TO BUSSELL & SONS, L.L.C., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the Community Development Block Grant Disaster Recovery Program Round 2.2 Non - Housing Grant Agreement with the Texas General Land Office. ORDINANCE NO. 12,143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM ROUND 2.2 NON - HOUSING GRANT AGREEMENT WITH THE TEXAS GENERAL LAND OFFICE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution adopting the Community Development Block Grant Section 3 Plan and designate a Section 3 Coordinator and Compliance Advisory Board. RESOLUTION NO. 2218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SECTION 3 PLAN FOR THE CITY OF BAYTOWN; DESIGNATING A SECTION 3 COORDINATOR AND A SECTION 3 COMPLIANCE ADVISORY BOARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution authorizing the 2011 -12 budget transfers in accordance with the Charter of the City of Baytown, Texas. RESOLUTION NO. 2219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING VARIOUS TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES OR PORTIONS THEREOF FROM ONE City Council Regular Meeting Minutes December 13, 2012 Page 19 of 21 OFFICE, DEPARTMENT OR AGENCY TO ANOTHER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Announce the Mayor's appointments of one (1) representative and one (1) alternate to the 2013 Transportation Policy Council (TPC) and one (1) representative and one (1) alternate to the 2013 and Technical Advisory Committee (TAC). Mayor DonCarlos appointed Council Member Terry Sain as the representative and himself as the alternate to the 2013 TPC. He also appointed Ms. Kelly Carpenter as the representative and Mr. Jose Pastrana as the alternate to the 2013 TAC. b. Conduct the election of the Baytown City Council Mayor Pro Tem. Mayor DonCarlos presented the agenda item and stated that currently Council Member Scott Sheley serves as the Mayor Pro Tem. He stated that Council Member Sheley and Council Member Capetillo exchanged terms and the next Council Member for consideration was Council Member Terry Sain, District No. 4. The newly elected Mayor Pro Tem shall serve for six months, beginning January 01, 2012 and ending on June 30, 2012. A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Council Member Sain as Mayor Pro Tem. The vote was as follows: Ayes: Mayor Stephe n Member Robert C. Member Mercedes R Scott Sheley Nays: None Approved 12. EXECUTIVE SESSION DonCarlos, Council Member Brandon Capetillo, Council Hoskins, Council Member David McCartney, Council enteria III, Council Member Terry Sain, Mayor Pro Tem a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. City Council Regular Meeting Minutes December 13, 2012 Page 20 of 21 At 8:58 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the City Manager and the Municipal Court Judge. At 9:26 P.M, Mayor DonCarlos reconvened the Open Meeting of the 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. 13. MOTIONS a. Discuss and take appropriate action regarding the City Manager's annual performance evaluation. Mayor DonCarlos presented the agenda item and recommended that a 4% pay increase in line with other City employees be granted to City Manager Robert D. Leiper. A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member David McCartney granting a 4% pay increase to the City Manager. 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, Mayor Pro Tem Scott Sheley Nays: None Approved b. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. Mayor DonCarlos presented the agenda item and stated that because of the expansion of duties and responsibilities of becoming a Court of Record, the full time judge's salaries should be adjusted from a grade 83 to grade 87 to keep her in the relative market and recommended a 4% pay raise which would result in an annual salary of $100,961. A motion was made by Mayor Pro Tem Scott Sheley and seconded by Council Member Brandon Capetillo adjusting the full time Judges' salary from a grade 83 to a grade 87 and providing her a pay raise of 4 %. The vote was as follow: 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, Mayor Pro Tem Scott Sheley City Council Regular Meeting Minutes December 13, 2012 Page 21 of 21 Nays: None Approved 14. MANAGER'S REPORT a. City of Baytown offices will be closed on Tuesday, December 25th, in observance of Christmas and Tuesday, January 1st, in observance of New Years. Offices will reopen at regular times on Wednesday, December 26th, 2012, and Wednesday, January 2nd, 2013, respectively. City Manager Leiper presented the agenda item and stated that the City of Baytown offices would be closed on Tuesday, December 25th, in observance of Christmas and Tuesday, January 1st, in observance of New Years. He stated that the offices would also close at 2:00 P.M., on Christmas Eve and New Year's Eve. 15. ADJOURN A motion was made by Council Member Terry Sain and seconded by Council Member Brandon Capetllo adjourning the December 13, 2012, 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 Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tern Scott Sheley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the December 13, 2012, City Council Regular Meeting at 9:28 P.M. City