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2013 03 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 28, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 28, 2013, 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 Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the March 28, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present with the exception of Council Member Scott Sheley who was absent. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Capetillo. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on March 14, 2013. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member David McCartney approving the March 14, 2013, City Council Regular Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain Nays: None City Council Regular Meeting Minutes March 28, 2013 Page 2 of 17 Other: Council Member Mercedes Renteria III (Abstain), Council Member Scott Sheley (Absent) Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS City Manager Leiper recommended that the agenda be taken out of order to consider item 21. 2.f. Recognize the March of Remembrance event on Saturday, April 6, 2013. Reverend Jim Gill, Interim Pastor of the Faith Presbyterian Church in Baytown registered to speak regarding agenda item 2.f. and stated that on Saturday, April 6th, from 1 -4 P.M., there would be a Holocaust March of Remembrance prayer walk. Mayor DonCarlos stated that he signed a proclamation memorializing the event on behalf of the city and would be presenting it to them. a. Mr. Arnold Crawford requested to address Council to discuss persons attaching flyers to vehicles in parking lots. Mr. Crawford was not present. b. Mr. Tommy Sawyer requested to address Council to discuss H.R. 129 Glass - Steagall bill. Mr. Sawyer stated that the Glass - Steagall bill was a law on the books for 60 years and made it against the law for the federal government to back speculation on banking (such as Wall Street), but was repealed in 1999. He stated that he wanted to bring this before the local representatives to endorse for the bill to be returned. C. Present a proclamation designating April 1 - 6, 2013, as Community Development Week. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to June Tyler and the Community Development Advisory Committee (CDAC) a proclamation designating April 1 - 6, 2013, as Community Development Week. d. Present a proclamation designating March 28, 2013 as "Texas Pie Lady Day" in honor of long -time Baytown resident Helen Smith. Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented to Helen Smith a proclamation designating March 28, 2013 as "Texas Pie Lady Day" in honor of long -time Baytown resident Helen Smith. City Council Regular Meeting Minutes March 28, 2013 Page 3 of 17 e. Recognize the four age group winners and the overall winner of the 2013 Trash -Off art contest. Melissa Sorenson, President of Keep Baytown Beautiful presented the agenda item and stated that the winner's for the 4th Annual Youth Art Competition for the Keep Baytown Beautiful Trash Off are as follows: K -2nd Grade: Gabby Washington, 1 st Place Ruby Duran, 2nd Place Esmeralda Villalon, 3rd Place 3rd -5th Grade: Daniela Mendoza, 1 st Place Glynnis Lozano, 2nd Place Sebastian Esquibel, 3rd Place 6th -8th Grade: Jessica Zavla, 1 st Ghalesy Carreon, 2nd 9th -12th Grade: Brianna Rivera, l st Place Daisy Campos, 2nd Place Overall Winner: Desiree Toutai g. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). City Manager Leiper presented the agenda item and recognized City of Baytown employees for their Years of Service (5, 10, 15 plus years). 5 Years: Martin Shupla, Librarian II Rachel Ashley, Paramedic Marti Lechner, Animal Services Coordinator Ryan Guidry, Meter Technician 11 Kelly Carpenter, Director of Planning & Community Development 10 Years: Daniel McWilliams, Patrol Officer 20 Years: Michael Wooster, Fire Equipment Operator City Council Regular Meeting Minutes March 28, 2013 Page 4 of 17 30 Years: Randall Rhodes, Patrol Officer 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Development Agreement with Chevron Phillips Chemical Company LP., Harris County, the Baytown Redevelopment Authority and the Reinvestment Zone Number One, City of Baytown, Texas, for reimbursement of public improvements for the TIRZ Sjolander Road Project. City Manager Leiper presented the agenda item and stated that this public project would help facilitate the construction of Chevron Phillips 1- hexene unit and the ethane cracking unit. He stated that the estimated construction cost for the widening of Sjolander Road is $6,900,000, which includes a $500,000 contingency. He stated that this agreement provides the terms and conditions for reimbursement of Chevron Phillips for 100% of the funds advanced for the public improvement. He stated that Harris County designed and will construct the public improvements based upon plans and specifications approved by the City. He stated that once the improvements are completed and approved by the City's engineer, the City will accept the improved roadway and be responsible thereafter for its maintenance. City Manager Leiper stated that this development agreement was considered by Harris County Commissioners Court and the TIRZ and Baytown Redevelopment Authority Board on March 26, 2013. A motion was made by Council Member David McCartney and seconded by Council Member Mercedes Renteria III approving Ordinance No. 12,217. 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, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Scott Sheley (Absent) Approved ORDINANCE NO. 12,217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH CHEVRON PHILLIPS CHEMICAL COMPANY LP., HARRIS COUNTY, THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR REIMBURSEMENT OF PUBLIC IMPROVEMENTS FOR THE City Council Regular Meeting Minutes March 28, 2013 Page 5 of 17 TIRZ SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Second Amendment to the Interlocal Agreement with Harris County, the City of Baytown, and Reinvestment Zone Number One, City of Baytown, Texas, for Harris County's participation in TIRZ Sjolander Road Project. City Manager Lieper presented the agenda item and stated that Ordinance No. 12,218 amends the agreement with Harris County to allow for Chevron's advanced payment and reimbursement. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern Terry Sain approving Ordinance No. 12,218. 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, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Scott Sheley (Absent) Approved ORDINANCE NO. 12,218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS, FOR HARRIS COUNTY'S PARTICIPATION IN THE TIRZ FOR THE SJOLANDER ROAD PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. REPORTS a. Receive the 2012 Racial Profiling Report. City Manager Leiper presented the agenda item and Assistant Chief Holden presented the 2012 Racial Profiling report. Chief Holden stated that there were 12,466 vehicle stops and of that number of stops made the percentages were as follows: 45% of the White race, 30% of the Hispanic race, 21% of the Black race, .9% of the Asian race, .43% of the Middle Eastern race, and .22% of the Native American race. 5. CONSENT City Council Regular Meeting Minutes March 28, 2013 Page 6 of 17 A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving consent agenda items 5.a. through 5.k. 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, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Scott Sheley (Absent) Approved a. Consider an ordinance authorizing an Industrial District Agreement with Borusan Mannesmann Pipe U.S., Inc. ORDINANCE NO. 12,219 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 AN INDUSTRIAL DISTRICT AGREEMENT WITH BORUSAN MANNESMANN PIPE U.S., INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Industrial District Agreement with Cedar Crossing Mountain West LLC. ORDINANCE NO. 12,220 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 AN INDUSTRIAL DISTRICT AGREEMENT WITH CEDAR CROSSING MOUNTAIN WEST LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance amending Chapter 30 "Emergency Services," Article III "Emergency Medical Service" of the Code of Ordinances, Baytown, Texas, to transfer the responsibilities concerning the emergency medical services operations of the City to the Fire Department. ORDINANCE NO. 12,221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 30 "EMERGENCY SERVICES," ARTICLE III "EMERGENCY MEDICAL SERVICE," DIVISION 1 "GENERALLY," SECTION 30 -91 "DEFINITIONS" AND 30 -93 "APPEALS," SUBSECTION (A), AND DIVISION 3 "SERVICES," SECTION 30 -152 "PERSONS City Council Regular Meeting Minutes March 28, 2013 Page 7 of 17 AUTHORIZED TO ENGAGE IN SERVICE," SUBSECTION (A) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO PLACE THE RESPONSIBILITIES FOR THE ARTICLE UNDER THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 78 "Personnel" Article IV "Police Officer, Firefighter Classifications" of the Code of Ordinances, Baytown, Texas, to update the general statement of duties, the distinguishing features of the class, examples of work, and the qualifications for each classification in the Fire Department. ORDINANCE NO. 12,222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 78 "PERSONNEL," ARTICLE IV "POLICE OFFICER, FIREFIGHTER CLASSIFICATIONS," DIVISION 3 "FIREFIGHTERS' SERVICE GROUP," SUBDIVISION II "NON -CIVIL SERVICE," SECTION 78 -251 "FIRE CADET," SUBSECTION (E) AND SECTION 78 -252 "FIRE ACADEMY TRAINEE," SUBSECTION (E); AND SUBDIVISION III "CIVIL SERVICE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO UPDATE THE GENERAL STATEMENT OF DUTIES, THE DISTINGUISHING FEATURES OF THE CLASS, EXAMPLES OF WORK, AND THE QUALIFICATIONS FOR EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance prescribing the number of positions in each classification in "Service Group - Fire." ORDINANCE NO. 12,223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. E Consider an ordinance approving the Baytown Area Water Authority's partial release of retainage for the BAWA Power Distribution System Improvement Project. City Council Regular Meeting Minutes March 28, 2013 Page 8 of 17 ORDINANCE NO. 12,224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING BAYTOWN AREA WATER AUTHORITY'S PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF SIXTY -TWO THOUSAND EIGHT HUNDRED FORTY -THREE AND 47/100 DOLLARS ($62,843.47) TO T &C CONSTRUCTION, INC., FOR THE BAWA POWER DISTRIBUTION SYSTEM PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider Granting a Pipeline Permit to Targa NGL Pipeline LLC. ORDINANCE NO. 12,225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO TARGA NGL PIPELINE COMPANY LLC, TO INSTALL ONE NEW 12 -INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Change Order No. 1 for the 2013 Annual Waterline Rehabilitation Contract with PM Construction & Rehab, L.P. ORDINANCE NO. 12,226 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. l WITH PM CONSTRUCTION & REHAB, L.P., FOR THE 2013 ANNUAL WATERLINE REHABILITATION CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED FIFTY THOUSAND NO/ 100 DOLLARS ($250,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the housing reconstruction projects located at 2204 New Jersey Street and 3110 Michigan Street. ORDINANCE NO. 12,227 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECTS LOCATED AT 2204 NEW JERSEY STREET AND 3110 MICHIGAN STREET TO MLG CONSTRUCTION INC., FOR THE SUM OF ONE HUNDRED TWELVE THOUSAND ONE HUNDRED FORTY- EIGHT AND NO /100 City Council Regular Meeting Minutes March 28, 2013 Page 9 of 17 DOLLARS ($112,148.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of twenty (20) Panasonic semi - rugged laptop computers from CDW -G. ORDINANCE NO. 12,228 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -FIVE THOUSAND FORTY -SIX AND 601100 DOLLARS ($45,046.60) TO CDW -G FOR THE PURCHASE OF TWENTY (20) PANASONIC SEMI - RUGGED LAPTOP COMPUTERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing the City of Baytown to apply to the Office of National Drug Control Policy for a 2013 grant for the Houston High Intensity Drug Trafficking Area Program. RESOLUTION NO. 2235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF NATIONAL DRUG CONTROL POLICY FOR A 2013 GRANT FOR THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA PROGRAM IN THE AMOUNT OF FOUR HUNDRED THIRTEEN THOUSAND THREE HUNDRED EIGHTEEN AND NO /100 DOLLARS ($413,318.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTIONS a. Consider a resolution naming the East Baker Road Extension Project. City Manager Leiper presented the agenda item and stated that staff was directed by Council at the last Council meeting, to bring an item to the next Council meeting allowing for discussion and action be taken regarding the naming of the resulting road of the East Baker Road Extension Project. City Council Regular Meeting Minutes March 28, 2013 Page 10 of 17 City Manager Leiper stated that because this item is for a new road that is going directly to Council, it is not necessary to submit a form for naming a street, but stated that a form for naming a street needs to be submitted if a citizen wanted to rename a street. Bill Daily registered to speak regarding agenda item 6.a. and stated that he recommended naming the new road as Crockett Blvd. City Manager Leiper stated that in 90 days the item would be put back on agenda for consideration therefore; no action was taken on this item. b. Consider a resolution amending the City Council's Rules of Procedure. City Manager Leiper presented the agenda item to discuss the following amendments concerning (i) calling a person out of order, (ii) scheduling of the second meeting in November, (iii) limiting repetitive comments, (iv) providing for one citizen communication per citizen per meeting, and (v) requiring only three council members (instead of a quorum) to take certain actions. He stated that the proposed changes to the Council Rules of Procedure were: Add Section 3.3 (f) Authority given to the presiding officer to exercise control over persons disrupting the meeting; 1st time by advising them that they are out of order, 2nd time order them to stop and if they continue to violate the rule they would be removed immediately, and the 3rd time order them to leave the meeting and the sergeant at arms could remove that person if they refused to leave the meeting. Add Section 3.4 (d) Repetitious comments will be prohibited; if someone repeats the same or substantially the same argument or talks about the same items at successive meetings or within the same meeting then the chair could call that person out of order. The person is allowed to make written comments to Council in which Council may or may not take action as Council deem appropriate. Revise Section Add 4.1 Council's second meeting in November will be: The Monday in November immediately preceding Thanksgiving, or the date of the canvass of the November election Revise Sections 4.2, 4.3, and 4.4 Work Sessions, Special Meetings and Emergency Meetings may be call by three (3) member of Council Revise Section 5.3 The presiding officer shall preserve order by preventing repetitious comments Revise Section 6.2 (e) (1) (a) Clarifies that the a person must meet the time requirement in order to be put on the citizens communications for an item not listed on the agenda; and City Council Regular Meeting Minutes March 28, 2013 Page 11 of 17 (c) Citizen Communication will be limited to one (1) Citizen communication per citizen per meeting and City Manager Leiper clarified that a person could sign up to for speak as many items on the agenda, but in terms of bringing a new agenda item for discussion the person could only bring one (l) new agenda item per meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member David McCartney approving Resolution No. 2236 as amended to remove the proposed item 3.3 (f). 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 Rcnteria III, Mayor Pro Tern Terry Sain Nays: None Other: Council Member Scott Sheley (Absent) Approved RESOLUTION NO. 2236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CITY COUNCIL RULES OF PROCEDURE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPEALS a. Conduct an appeal hearing concerning the February 4, 2013, decision of the Tow Truck Committee ordering a 60 -day suspension of Target Towing, owned by Mr. Anas Ahmad from the City of Baytown non - consent tow list for alleged violations of the City of Baytown Code of Ordinance, Chapter 102, Article II1. At 7:26 P.M., Mayor DonCarlos conducted an appeal hearing concerning the February 04, 2013, decision of the Tow Truck Committee ordering a 60 -day suspension of Target Towing, owned by Mr. Anas Ahmad from the City of Baytown non - consent tow list for alleged violations of the City of Baytown Code of Ordinance, Chapter 102, Article III. All testifying participants were sworn in by Mayor DonCarlos. Mayor DonCarlos moved forward allowing to hear opening statements. City Clerk, Leticia Brysch presented an opening statement and stated that the appeal was regarding the decision made by the Tow Truck Committee on February 04, 2013, to suspend Target Towing owned by Mr. Ahmad for 60 days from the City's non - consent tow list for City Council Regular Meeting Minutes March 28, 2013 Page 12 of 17 violations to the City's tow truck code and contract. She stated that the violations were sending a driver to a scene with a suspended driver's license as well as having warrants for his arrest on two runs; and failing to provide the City with the driver's state license and information as required per the code. Mrs. Brysch stated that the following people were available as witnesses: Jason Cozza, Deputy City Clerk, Sergeant Lee Hendricks, Commercial Vehicle Units and Tow Truck Vehicle Inspector, Ray Pheris, Communications Coordinator, John Tacito, Baytown Police Patrol Officer, Eileen Hall, Tow Truck Committee Chairperson, B.C. Hudman, Committee Member, and Porter Flewellen, Committee Member. Mr. Thomas Niederhofer presented an opening statement and stated that Mr. Ahmad and Target Towing were not disputing the occurrence of the violations and stipulate that the violations did occur. He stated that the appeal strictly goes to the severity through the magnitude of the penalty that was imposed. Mr. Niederhofer stated that the penalty in terms of revenue was approximately $10,000 to $15,000. He stated that the violations were in overtly and an oversight and requested for Council to consider a reduction in the penalty proposed by the Committee. Mayor DonCarlos moved forward allowing hearing testimonies from witnesses. Mrs. Brysch stated that because the appellant did not deny the accusations she would move forward with the stipulation of facts. She stated that on February 04, 2013, the City of Baytown Tow Truck Committee (the "Committee ") met and held a hearing to consider the alleged violations of the City of Baytown Code of Ordinances, Chapter 102, Article III by Target Towing. She stated that notice was sent to Mr. Ahmad regarding the hearing on January 25, 2013, which was ten days prior to the hearing and required per the code. She stated that the notice was posted in the notice board and the City's website, as per the open meetings act. Mrs. Brysch stated that following the hearing and after hearing statements made by staff and Ms. Snyder, the Office Manager for Target Towing, the Committee unanimously voted to suspend Target Towing from the City's non - consent tow list for a period of 60 days. Mrs. Brysch stated that Mr. Ahmad was not present at the hearing. During Officer John Tacito's testimony, he stated that on two separate occasions he stopped Mr. Pena. He stated that on one of the stops, he was told by the EMS and Fire Department drivers that Mr. Pena was driving erratically on his way to the scene so when Mr. Pena showed up to the scene where he was, he requested for his identification and asked him to leave the scene. Officer Tacito stated that a few minutes later Mr. Pena showed up to another scene that he was at, in which at this time he (Officer Tacito) was aware that Mr. Pena had a suspended license and warrants and therefore arrested him. Officer Tacito stated that about two weeks later Mr. Pena showed up to a scene where he was working and he checked his license again, finding that he had a suspended license and warrants resulting in him being arrested again. Mayor DonCarlos extended to Mr. Niederhofer the opportunity to cross examine Officer Tacito, but stated that he did not have any questions. Mrs. Brysch stated that the instances in which Officer Tacito spoke of, violates state law to which Mr. Pena plead guilty to. She stated that the Tow Truck Agreement states that any operator and any member of his company will follow all state and local laws, codes, agreement, City Council Regular Meeting Minutes March 28, 2013 Page 13 of 17 etc. and that the City's contract holds the owner responsible for everything that happens with their permit. Mrs. Brysch stated that in addition to the issues with the suspended license and warrants, Target Towing failed to provide the City with Mr. Pena's information and add him as one of their drivers on their application and permit, which is a requirement under the code. She stated that Ms. Snyder testified at the hearing that she (Ms. Snyder) wasn't aware that she hadn't submitted the related paperwork. Mrs. Brysch stated that by not submitting paperwork for Mr. Pena, the City had no way of knowing that he was not in compliance because he didn't actually exist in the City's records of documentation and the only way the City was made aware of this issue was because of the complaint submitted by Officer Tacito to the City Clerk's office. Mayor DonCarlos requested to hear from the Chairperson. During Ms. Hall's testimony, she stated that her decision was based on the concern that the tow truck company was not taking the business contract serious and he should be held accountable. During further discussion, Mayor DonCarlos inquired as to what were the charges for the warrants for Mr. Pena and Council Member Renteria inquired if there were any guidelines on the actions taken regarding violations of tow truck rules. In regards to the Mayor's question, Mrs. Brysch stated that the warrants were for speeding, no insurance and unknown charge. Council Member McCartney inquired of when Mr. Pena's license was suspended. Mrs. Brysch stated that she did not have information as to when Mr. Pena's license were suspended, but that the officer encountered him in October and in December. Additionally, Mrs. Brysch stated that Ms. Snyder testified that at some point they were aware of Mr. Pena's suspended license and warrants; therefore there was enough time to remedy the situation. In regards to Council Member Renteria's question, Mrs. Brysch stated that the code is broad when referencing the duties it gives for penalties, but stated that in the past the committee would review the companies and the owner's past history with a holistic approach for penalties. She stated that the code gives the committee four instances when they may revoke or suspend for up to 1 year: (1) violation of any state, federal, or local law (2) any violation to the tow truck agreement, (3) any violation to the permit application, and (4) towing a vehicle to storage outside of the city limits. Mrs. Brysch stated that Target Towing violated three of the four options in the code regarding suspension. Additionally, Mrs. Brysch stated that Target Towing was not currently active and had been removed from the non - consent tow list, as they did not have a valid certificate of liability insurance on file in the City Clerk's office. During further discussion, an inquiry was made regarding if the City would have been responsible in the event an incident would have occurred while Mr. Pena was towing the vehicle. City Attorney, Ignacio Ramirez stated that the City would be liable, especially if the city was aware of the driver's violations and allowed that person to continue. An inquiry was made that if the officer on the scene was made aware of the towing company that would be of assistance and if it was a violation for another towing company to show up on the scene afterwards. Mrs. Brysch stated that the officer is aware of the towing company that is dispatched to the scene and that another towing company could not be within 500 feet of the scene if they were not called out to that scene. Mr. Ramirez also stated that a violation of the distance requirement was a criminal offense and the driver could be ticketed at the scene. City Council Regular Meeting Minutes March 28, 2013 Page 14 of 17 Mayor DonCarlos extended to Mr. Niederhofer the opportunity to cross examine Mrs. Brysch. Mr. Niederhofer asked Mrs. Brysch, that if the meeting in which the penalties were accessed was the first meeting upon which this particular issue had been on the agenda. Mrs. Brysch stated that the time in which this particular issue was first on the agenda was in November, in which a hearing was scheduled for December 03, 2012, at which date the committee did not have quorum, therefore the meeting did not happen resulting in another meeting being scheduled for February 04, 2013. Mr. Niederhofer inquired of Mrs. Brysch if there was record to show whether or not Mr. Ahmad was there. Mrs. Brysch stated that there was no documentation because there wasn't a meeting held. During further discussion, there was an inquiry made to Mr. Niederhofer regarding the implying or belief of the harsh punishment was because of personal animosity. Mr. Niederhofer stated that at the December 3rd meeting, Mr. Ahmad signed in and was prepared to provide an explanation of his side of the story, but it didn't happen because there was no official meeting. Mr. Niederhofer stated that when he heard the report from the staff of Target Towing that there were comments that were made which could appear or at least to imply personal animosity, he felt constraint to mention it. During Mr. Ahmad's testimony he stated that he met Mr. Gerardo Pena (the Driver) for the first time in October and upon considering employing Mr. Pena, he (Mr. Pena) provided him (Mr. Ahmad) with a valid Texas driver's license and TDLR license. Mr. Ahmad stated that their procedure is to submit the driver's license number to the insurance carrier to them, in which he submitted to his liability insurance carrier and did not receive any notification from carrier that the driver was not insured. Mr. Ahmad stated that he became aware that Mr. Pena's license was suspended once he was arrested and was not aware of it prior to the arrest. He stated that he fired Mr. Pena after the second time he was arrested, October 22nd. Mr. Ahmad stated that if the suspension is upheld, his revenue loss would be in excess of $14,000 per month, which includes storage and may jeopardize the viability of his business. Mrs. Brysch asked Mr. Ahmad for clarification regarding whether or not he had checked Mr. Pena's driver's license upon hiring him. Mr. Ahmad stated that he received a call that it was clear to hire Mr. Pena and that Mr. Pena's driver's license and TDLR license is on file at his office in which he submitted to the insurance company via telephone. He stated that they are not required to check if a driver has warrants and that the insurance company is responsible for informing them of that and if they can't insure them. Mr. Ahmad stated that once the insurance company cleared Mr. Pena he began to work. Mr. Ahmad stated that his name is on the permit and he signed the contract for the company, but did not provide the city with the documentation of the driver which violates the contract resulting in the company not being in compliance. Mr. Ahmad stated that he understood that it was his responsibility to submit the paperwork to the city. During further discussion, an inquiry was made as to when Mr. Pena's license was suspended. Mrs. Brysch stated that the only information provided regarding Mr. Pena's license suspension is when he was arrested for a suspended license by Officer Tacito in October and then again in December. Mr. Ahmad stated that once they were aware of the issue in October, they discussed it with Mr. Pena and he explained that he had a surcharge that he was supposed to pay. Mr. Ahmad stated that Mr. Pena set up payment arrangements to pay the surcharge and the company paid it City Council Regular Meeting Minutes March 28, 2013 Page 15 of 17 for him and they received something from the insurance company in writing that he was cleared so he was allowed to continue to work. Mr. Ahmad stated they were not aware that Mr. Pena defaulted on his payment arrangement until he was arrested for the second time resulting in him being terminated. Council Member Renteria stated that he felt that the owner was sincere in his statements and meant no harm or ill will to the City. He further stated that while he concurred with Council that there should be some punishment, it did not need be so severe as to put Mr. Ahmad's business in jeopardy. Mayor DonCarlos moved forward allowing for closing arguments. Mrs. Brysch stated that the penalty made by the Tow Truck Committee was with consideration regarding the health, safety, and welfare of the citizens of the community and in doing so sent a message to the entities that it is essential that they follow all guidelines of the contract agreed upon. Mr. Niederhofer stated that the appellant does not dispute the occurrence of the violations, but requested that the decision of the committee be modified so that a lesser penalty may be imposed. Mayor DonCarlos closed the appeal hearing at 8:20 P.M. b. Consider affirming, reversing or modifying the decision of the Tow Truck Committee ordering a 60 -day suspension of Target Towing, owned by Anas Ahmad from the City of Baytown non - consent tow list for alleged violations(s) of the City of Baytown Code of Ordinance, Chapter 102, Article III. During discussion it was stated that the information regarding when Mr. Pena's license were suspended was available for the Council. Officer Lee Hendricks provided the information regarding when Mr. Pena's license were suspended and stated that the first suspension in which Mr. Pena was arrested on begin on March 01, 2010 and was lifted on 10/25/2012, three (3) days after his arrest on 10/22/2012. He stated that another suspension went into effect on 10/24/2012 and there are currently seven active suspensions on his record. A motion was made by Mayor Pro Tern Terry Sain and seconded by Council Member Robert C. Hoskins to affirm the decision of the Tow Truck Committee ordering a 60 -day suspension of Target Towing, owned by Anas Ahmad from the City of Baytown non - consent tow list. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council Member Robert C. Hoskins, Council Member David McCartney, Mayor Pro Tern Terry Sain Nays: Council Member Mercedes Renteria III City Council Regular Meeting Minutes March 28, 2013 Page 16 of 17 Other: Council Member Scott Sheley (Absent) Approved 8. MANAGER'S REPORT a. The 2013 Trash Off Baytown will take place on Saturday, April 6, 2013, from 9:00 A.M. to 2:00 P.M. City Manager Leiper presented the agenda item and state d take place on April 06, 2013. Clean up will take place from 9 (4) drop off locations around the city: 1) Bay Plaza Parking Lot (2300 N. Alexander, at James Bowie); 2) Former St. Paul's Methodist Church (7915 Bayway Dr.); 3) Sterling High School (300 W. Baker Rd.); and 4) Bergeron Park (1684 Louisiana) This is the ONLY Tire drop -off site. that Trash Off Baytown would A.M. to 2 P.M. There will be four b. Reminder that City Offices are closed on Friday, March 29, 2013, in observance of Good Friday. City Manager Leiper presented the agenda item and stated that City offices will be closed this Friday, March 29, 2013, in observance of Good Friday. He stated that regarding the bond sales, the GO's were below 3% and the Certificate of Obligations (CO's) was at 3.02 %. City Manager Leiper stated that the 2013 warrant round -up from February 18 - March 10, 2013, results cleared more warrants, fines, and face values. Additionally, he stated that April 11th would be the last meeting in the Council Chamber before starting renovations at which the April 25th meeting and all meetings through June would be at Lee College, in Tucker Hall. He stated that all other meetings would be moved to the Hullum or the Community Conference rooms and the projected first Council meeting would be at City Hall on July 1 lth. 9. ADJOURN City Council Regular Meeting Minutes March 28, 2013 Page 17 of 17 A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Robert C. Hoskins adjourning the March 28, 2013, 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, Mayor Pro Tern Terry Sam Nays: None Other: Council Member Scott Sheley (Absent) Approved With there being no further business to discuss, Mayor DonCarlos adjourned the March 28, 2013, City Council Regular Meeting at 8:43 P.M.