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
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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.
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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:
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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-
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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.
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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
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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:
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December 13, 2012
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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;
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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.
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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