2017 09 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
September 14, 2017
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 14, 2017, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown,Texas with the following in attendance:
Laura Alvarado Council Member
Robert Hoskins Council Member
Charles Johnson Council Member
David McCartney Council Member
Chris Presley Council Member
Terry Sain Council Member
Stephen H. DonCarlos Mayor
Ron Bottoms Acting City Manager
Ignacio Ramirez City Attorney
Leticia Brysch City Clerk
Keith Dougherty Sergeant at Arms
Mayor DonCarlos convened the September 14, 2017, 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 Presley.
1. MINUTES
a. Consider approving the minutes of the City Council Special Meeting held on July
20,2017.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving the July 20, 2017, City Council Special Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern
Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
September 14,2017
Page 2 of 22
b. Consider approving the minutes of the City Council Special Meeting held on July
24, 2017.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Robert C. Hoskins approving the July 24, 2017, City Council Special Meeting minutes. The vote
was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem
Chris Presley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. Dora Ponce requested to appear before the City Council regarding the
implementation of reporting requirement for lost or stray dogs that are found within the
city limits.
Ms. Dora Ponce requested that the City mandate that found animals be taken to the shelter to be
reported and scanned for microchip before being released back to the finder for a foster period of
time.
b. Presentation of the 2017 Parks and Recreation Annual Report and recognition of
Mr.Wayne Gray's years of service to the Parks and Recreation Advisory Board.
Parks and Recreation Director, Scott Johnson presented the agenda item and introduced the new •
Parks and Recreation Advisory Board Chairman, Billy Barnett. Mr. Johnson stated that during
the year 2017,three (3) new facilities were opened that included the Jenkins Spray Park, the
Aqua Loop and Aqua Drop at Pirate Bay, and the connection of the Goose Creek Stream Trail.
He stated that the with the aide of the San Jacinto Waste Pit Grant twenty-one acres of Bayfront
property was added for a future park for the complete renovation of all three (3) boat ramps. He
stated that park programs continue to grow and noted that the Parks and Recreation Advisory
Board celebrated its 50 years of existence in the year 2017. Mr. Johnson stated that the annual
report was approved by the Parks and Recreation Board on August 02, 2017, and further
recognized Mr. Wayne Gray's years of service to such board from 1966 to 2017, whereas, he
missed one(1)meeting and was Chairman for 47 years.
Mayor DonCarlos presented to David Gray and Steffani Chapman plaques in appreciation of the
service that their father, Mr. Wayne Gray, provided to the City of Baytown.
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September 14,2017
Page 3 of 22
c. Present a proclamation designating September 16, 2017, as American Legion Day in
Baytown.
Public Affairs Coordinator, Patti Jett presented that agenda item and Mayor DonCarlos presented
to members of the local American Legion a proclamation designating September 16, 2017, as
American Legion Day in Baytown.
3. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the Annual Residential Solid Waste Collection,
Disposal, and Recycling Services Contract with Waste Management of Texas, Inc.
b. Consider an ordinance amending Sections 86-101 and 86-166 of the Code of
Ordinances, Baytown, Texas, regarding fees for sanitation services.
Acting City Manager Bottoms stated that agenda items 3.a. through 3.e. were all related to the
same subject matter. He stated that the City's contract with Waste Management expired at the
end of September; therefore, earlier in the year staff sought new proposals and received two
(2) responses. He stated that negotiations started with Waste Management being that they were
the lower of the bids. He stated that there was an approximate 40% increase rate to the City in
the proposal from Waste Management. He stated that per Council's direction staff looked at
various options to include the possibility of the City taking over such services, in which agenda
items 3.c., 3.d., and 3.e. is in reference to. He stated that in a meeting with Waste Management
they agreed to phase in the increase over a two (2) year period. He stated that the increase would
be $3.14 per resident this year and an additional increase next year being an approximate 15%
increase overall each year. Additionally, he noted that part of Waste Management's services also
include brush collection services, green center fees, and other City related fees, which calculates
to approximately$24.45 effective the first of October.
Acting City Manager Bottoms stated that staff recommended to approve the cost of the rate and
to authorize the City Manager to conclude contract negotiations due to the merging of the
recycling contract with the old solid waste contract into one(1).
A motion was made by Council Member David McCartney and seconded by Council Member
Charles Johnson approving Ordinance No. 13,577 agenda item 3.a. and Ordinance No. 13,578
regarding agenda item 3.b. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern
Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
September 14,2017
Page 4 of 22
ORDINANCE NO. 13,577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION,
DISPOSAL, AND RECYCLING SERVICES CONTRACT WITH WASTE
MANAGEMENT OF TEXAS, INC., AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED FOUR
MILLION FIVE HUNDRED SEVEN THOUSAND EIGHT HUNDRED
THIRTY-NINE AND NO/100 DOLLAR ($4,507,839.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 13,578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II
"RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES AND
BILLING PROCEDURE," SECTION 86-101 "CHARGE FOR COLLECTION"
AND ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL
BUSINESS WASTE COLLECTION SERVICE," SECTION 86-166
"CONTRACT FOR GARBAGE COLLECTION" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES FOR
RESIDENTIAL AND SMALL COMMERCIAL REFUSE COLLECTION AND
CURB-SIDE RECYCLING SERVICES; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
Agenda items 3.c. through 3.e. were not considered due to agenda items 3.a. and 3.b. being
approved.
c. Consider an ordinance authorizing the City Manager to negotiate financing for the
purchase of refuse trucks and related containers.
d. Consider an ordinance authorizing the purchase of eleven (11) refuse trucks, from
Chastang Enterprises, Inc.,through the Texas Local Purchasing Cooperative (BuyBoard),
subject to receipt of financing therefor.
e. Consider an ordinance authorizing the purchase of trash and recycle carts through
a cooperative purchasing program, subject to receipt of financing therefor.
Mayor DonCarlos stated that the regular agenda would be taken out of order because agenda
item 3.f. would be of a lengthy discussion and further considered agenda item 4.a., then agenda
item 8.a.
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September 14,2017
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4.a. Consider a resolution supporting the goal of obtaining no-kill status for the
Baytown Animal Control Facility by 2025.
Jay Garrett, Jr. registered to speak regarding agenda item 4.a. He stated that since the last council
meeting held on August 14th, the City of Baytown Animal Control and Shelter Facility has
achieved and maintained a live release rate that exceeds 90%, because of the direct help
of various network partners.
Mayor DonCarlos stated that included in the budget that was adopted at the last meeting was
the planning and funding planning process started for the studies for the expansion of the animal
shelter to include surgical suites with the goal of becoming a no kill shelter.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Terry Sain approving Ordinance No. 2493 regarding agenda item 4.a. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern
Chris Presley
Nays: None
Approved
RESOLUTION NO. 2493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SUPPORTING THE GOAL OF OBTAINING NO-KILL STATUS BY
2025 FOR THE CITY OF BAYTOWN ANIMAL CONTROL FACILITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos stated that agenda item 8.a. would be considered to discuss the legal
ramifications of agenda item 3.f.
8. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the
advice of the City Attorney on a matter in which the duty of the City Attorney to the City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Open Meetings Act.
At 6:51 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Section 551.071 to seek the advice of the City Attorney on a matter in which the duty of the City
Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Open Meetings Act.
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September 14,2017
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At 7:22 P.M., Mayor DonCarlos reconvened the Open Meeting of the City 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.
The agenda was reconvened to its regular order and agenda item 3.f. was considered.
3.f. Consider an ordinance authorizing a Special Use Permit to construct and operate an
oil tank terminal on approximately 38.00 acres of land out of a 47.13-acre tract zoned
Heavy Industrial, located approximately 2,300 feet west of the intersection of Decker Drive
and Baker Road, along the north right-of-way of Baker Road, legally described as part of
and out of Harvey Whiting Survey,Abstract No. 840, Harris County,Texas.
Mayor DonCarlos noted that the Council was advised that there's a Texas Supreme Court Case
that clearly states that Council will not be able to take a yes or no vote on this Special Use Permit
and that the property is zoned as Heavy Industrial (HI). He stated that years ago when the ULDC
was formulated and the zoning mapping was done the property was zoned as heavy industrial,
which is the current zoning status and means that this project can be built on this site. He stated
that the Special Use Permit being considered before Council is to determine what conditions to
follow and impose upon those who purchased the property to put in the tanks. He stated that the
Council discussed the setbacks, screenings, and safety features that they will require when
moving forward with the project. He further stated that under the heavy industrial zoning
classification, the company that owns the land could install in the tanks without coming before
Council or having to submit a Special Use Permit. He noted for clarity that Council could not
vote whether or not to approve this project. Additionally, he noted that Council decided to go
back through each district's zoning and check the zoning maps for any other instances where they
may be issues.
Mayor DonCarlos stated that he would allow the company to explain the project then allow for
comments from the public.
Mr. Kevin Campbell stated that he's a MODA employee and the General Manager of this joint
venture project with over 30 years of experience in this type of business. He stated that Vopak
Moda Houston (VMH) is a joint venture between MODA Midstream and Vopak which started in
March of 2016 and was the name used when the application was submitted in April 2017. He
stated that Vopak has 400 years of history and is the largest private independent storage terminal
globally. He noted that they built and maintained terminals in various areas in Texas. Mr.
Campbell stated that this project is for a crude terminal that complies and exceeds all of
Baytown's rules and regulations. He stated that based on Council's recommendation,the plot plan
was moved further towards the east to get farther away from the St. James facility to create more
of a buffer that's over 1,000 feet from the tank to the St. James facility. He stated that they met
the conditions of the SUP and zoning code that was approved by the Planning and Zoning
Commission. He stated that as also recommended they prepared an Evergreen buffer zone, in
which they've already estimated the costs for such. He stated that the tanks are already obscured
from sight by the current trees and the evergreen would improve the aesthetic view. He further
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September 14,2017
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stated that there were other areas of interest for this project to be done,but they preferred it to be
in Baytown.
In Summary, Mr. Campbell stated that VMH would go above and beyond to address the
concerns raised by the City of Baytown and its constituents. He stated that they modified the
terminal's layout further away from the local communities; revised the characteristics of the
tanks, which will be based on the environmental permit that's required; shared the preliminary
Emergency Response Plan (ERP) and the Fire Hazard and Heat Radiation study with local
Emergency Management and Fire Department along with Council; and provided an air model.
He stated that they're also receptive to having an Air Monitoring Program and will comply with
the City's ordinance with regards to noise control. He stated that they're also receptive to doing
murals on the tanks if environmental regulations allow for it. Mr. Campbell stated that they did a
heat radiation study and simulated the effects of a potential heat sensation at the closest tank for
the nearest neighbor and it showed that the heat from a theoretical incident would not reach St.
James House. He noted that the study was based on the worst case scenario of a fully engulfed
fire with the northeast wind blowing towards St. James House. He further noted that because
their tanks would have fixed roofs and steel and internal floating roofs, if there ever was an
incident, theoretically it would be a rim seal fire and not a fully engulfed fire. He stated that the
study was more in depth, but he expounded on this portion of it because it was the biggest
concern. Mr. Campbell stated that the benefits for the community from this project would
generate more employment opportunities to Baytown constituents and increase tax revenue. He
stated that they will operate with technological advanced and more efficient tanks. He stated
that both partners' history proves that they'll be good corporate stewards and citizens to the
community. Additionally, he noted that Mr. Ralf VanDerVen would speak more on behalf of
VoPak.
Mr. Ralf VanDerVen stated that he's been in this industry of business for over 25 years in which
he's worked 20 years in Houston. He stated that his role is being responsible for the marketing
and growth activities in America. He stated that Mr. Kevin Campbell did a good job at making
sure that the requirements articulated by Council were integrated in the plan going forward. He
stated that their mission is to store essential products with care, which means that they have a
very strong emphasis on safety, compliance, sustainability, and being a good neighbor in the
community. He stated that they ensure that they store in a safe efficient manner the products of
their customers, in which their main customer is ExxonMobil. He stated that they safety record
was a TIR of.16 and noted that the industry calls for about a .75 TIR rate. He noted that at the
Deer Park location, so far there were no incidents for the year 2017 and extended an invitation to
the community to visit the site. Additionally, he stated that they were open to discussing all
concerns with the community.
Mr. VanDerVen stated that they partnered with MODA because of their successful experienced
team management. He stated that the plan was to bring America crude produced in America to
American refineries to create American jobs and boost the American exports and crudes. He
stated that there would be a number of tanks that would receive the crude, store it, then delivery
it to the ExxonMobil refinery and others on the pipeline network. He stated that they are partners
with local organizations within the communities in which they work and their hope is to be an
integral part of the Baytown community.
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September 14,2017
Page 8 of 22
Judith DuBose, David Swain, Randee King, Shela McClella, Ken Martin, Jim Saldivar, Luis
Perez, Ralf VanDerVen, Larry Toups, Lynda Toups, Randall Kerr, Helen Kerr, Billy
Kerr, Jeremy Cannon, Norma Razo, Sheryl Edwards, Jamie Ouardi, Cheryl Rankin, Kevin
Rankin, Steven Adrian, Gordie Little, James Prickett, M. Kay Shroyer, Mary Davis, Glen Odom,
John F.D. Jacobson, Billy Barnett, Stevie Knight, Raven Knight, Daniel Seeley, Jim Maroney,
Glenn Whitcomb, Ben Sager Sr., Susan Garrett, Susan Cummings, Shawn McDonald, Lisa
Little, Mary Helen, John Keller, C. Mundinger, Jacqueline Whitaker, Michael
Lively,Nelda Nakudz, Dell Cantrell, Rick Detwiler, Gillian Rushing, and Kenneth
Norman all registered to speak regarding agenda item 3.f.
David Swain deferred his time to Calvin Mundinger.
Ms. Randee King, Ms. Sheila McClella, and Kevin Rankin deferred their time to Ken Martin.
Luis Perez, Glen Odom, Mary Hulen, and Glen Keller did not speak when called upon.
Stefany Cortes deferred her time to Ralf VanDerVen.
Larry Toups, Lynda Toups, Norma Razo, Sheryl Edwards, Jamie Ouardi, Gordie Little, Steve
Knight, Karen Knight deferred their time to Lisa Little.
Helen Kerr deferred her time to Billy Kerr.
Cheryl Rankin deferred her time to Glenn Whitcomb
Kevin Rankin deferred his time to Gordie Little.
James Prickett deferred his time to James Whitcomb.
M. Kay Shroyer, Mary Davis, and Jacqueline Whitaker deferred their time to John Jacobson.
Nelda Nakundz, Rick Detwiler, and Gilliam Rushing were not present to speak when called
upon.
Ms. Judith Dubose stated that she's a resident of Lakewood and supports this project as it will
bring more jobs to the community.
Mr. Ken Martin was extended 15 minutes to speak as four(4) other registered speakers deferred
their time to him. Mr. Martin noted that he's worked in the petrochemical field for over 40 years.
He stated that crude oil, which would be stored in the tanks for this project, contains hundreds of
toxic substances to include benzene, hydrogen sulfide, and other chemicals. He stated that
benzene is a known human carcinogen and hydrogen sulfide has a rotten odor at first smell, but
then it defeats the ability for someone to smell it and then they become fatigue, which could be
life threatening. He noted that according to a chart from TCEQ, the wind is most frequent from
the south/southeast in Baytown. He stated that the timeframe would be one (1) minute that the
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September 14,2017
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fume cloud would be to St. James house, two (2)minutes to the homes on Middleton Street, and
in four (4) minutes to Travis Elementary and Baytown Junior schools. He requested that when
Council considers what's to be included in the SUP to think about what happens if there's a
chemical release from the facility, as well as, the noise impact and how the residents nearby
would be protected such timeframes. Mr. Martin stated that in May 2017 Vopak's Deer Park site
was fined $2.5 million by the EPA for emission violations and required to implement a $5
million upgrade to their emission collection system; in July 2016, they had a benzene spill that
resulted in the evacuation of the San Jacinto State Park and closure of the Houston Ship Channel;
in May 2015, they were fined for exceeding emissions limits; in May 2013, they were fined for
failure to submit discharge monitoring reports on time, and they were sued by Harris County for
improperly discharge emissions to include excess amounts of arsenic, ammonia, nickel and
suspended solids. Additionally, he noted that there were various tank incidents in the Texas area
to included Baytown within the year 2017, and requested that Council seek assistance with
regards to what should be in the emergency response plan.
Mr. Jim Saldivar stated that he's the Executive Director at St. James House and at Alexander
Hall, which are both located off of Baker Road. He stated that as the long time care provider
serving the elderly citizens of the greater Houston and Baytown area, there's concern with the
proposed installation of these types of storage tanks at such an immediate proximity to their
facility. He stated that an evacuation of a nursing facility from a disaster can be detrimental both
physically and emotionally to their population. He stated that they request that all negative
impacts and risks that jeopardize the health and safety of their residents be considered in
reference to this type of development. Mr. Saldivar stated that all should consider the recent
hurricane and what impact may have occurred had these tanks been in place and if this
development would knowingly increase the flood risk of neighboring properties along with the
potential exposure to leaks and other uncontrollable storm related events. He stated that since the
recent storm,they have not had the proper time to access the impact of this plant or meet with the
owners to ask important environmental questions regarding this development. He noted that the
owners did reach out to them, but because of the storm they were unable to meet. Additionally,
he stated that he's not sure that all safety measures have been reviewed or in place and because of
such,he can't support the project.
Mr. VanDerVen responded to the comments made with regards to their Deer Park facility that
was presented by Mr. Ken Martin. He stated that in the year 2012,the EPA began a review of the
facility and concerns were raise with regards to waste water treatment of the storage tanks. He
stated that many of the observations were point of contention and there was dialogue in which
there was an exchange of views and difference of opinion about compliance for about five (5)
years. He stated that although they didn't agree with the concerns, they decided to enter into a
consent agree, which is basically an agreement with Vopak and the federal government in as part
which they're investing$5 million in capital upgrades and some of their operating procedures.
Additionally,he stated that the case has been closed to the satisfaction of the federal government.
Mayor DonCarlos inquired for clarity if there was a difference between the Deer Park facility
and the proposed facility, and if so, what was the difference. Mr. VanDerVen stated that at the
Deer Park facility several different chemicals were stored, in which each chemical has a different
dimension profile and is subject to different rules in terms of management emissions. He further
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September 14,2017
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stated that in the proposed facility, crude is stored which has a completely different emissions
profile and is less complicated to store.
Mayor DonCarlos inquired about the discharge in the Ship Channel and Mr. VanDerVen stated
that there was a discharge in the ship channel, in which they rapidly mitigated and complied
accordingly with the laws associated with the regulations.
Mayor DonCarlos inquired if the tanks were to be exposed floating roof. Mr. VanDerVen stated
that proposed tanks have an internal floating roof with a hard roof on top of the tank and is not an
exposed floating tank.
Council Member Johnson inquired if this was the first time that this company stored crude oil. In
response to Council Member Johnson's inquiry, Mr. VanDerVen stated that MODA stored crude
oil in the ship channel and Vopak stored crude oil throughout the world. Council Member
Johnson further inquired if this was the first joint venture of these two (2) companies together
to store crude oil. Mr. VanDerVen stated that this would be the first time that the two (2)
companies together would store crude oil.
Council Member McCartney inquired if there was a guarantee that only crude would be stored or
if they would consider storing other chemicals there in the future. Mr. VanDerVen stated that the
proposed tanks are specifically designed for crude and that they would work with the City if this
is a specific use for the facility.
Mr. Randall Kerr stated that he has a degree in economics and is a lead technical engineer for a
company based in Minnesota. He noted that in addition to the$5 million upgrade to the Vopak's
Deer Park Plant, there was also a $2.5 million fine assessed by the EPA, in which Texas was a
recipient of 50% of such fine. Additionally, he stated that he would like Council to consider how
Baytown will pursue legal remedy when emissions occur, due to the corporate structure which is
very difficult to serve process in this case, as well as, how the City of Baytown will protect the
residents and ensure that the air handlers can be turned off at the nearby nursing facility and
schools in enough time being in such close proximity of the plant facility.
Mr. Bill Kerr stated that this project is zoned as heavy industrial and recommended that it be
rezoned. He noted that the City of Houston didn't have zoning with regards to the Supreme
Court Case with the City of Houston and the City of Baytown does; therefore, the comparison
may be different. He stated that the beginning intent of the zoning ordinance was the safety of
the citizens. Additionally, he stated that this project is a dangerous facility and a safer location
could be found that would accommodate the company and the other industries in the area.
Mr. Jeremy Cannon stated that he's on the design team for MODA and is a fourth generation
Baytonian. He noted that his family has history of working, as well as, living in Baytown. He
stated with regards to the tank fire incident at Deer Park that there were two (2) tank roofs that
floated were external floating roofs which were impacted by a rain event and that the tank fire
in Beach City was a day tank that doesn't have a floating roof which was struck by lightning.
Additionally,he stated that their tanks would not be impacted by a rain event.
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September 14,2017
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Mr. Steven Adrian stated that it appears that every time the citizens bring their voice to the
Council,it's ignored and further noted that Council should consider listening to its citizens.
Mr. John Jacobson was allowed 15 minutes to speak as he accumulated speaking time from other
registered speakers. He stated that in reviewing the special use application (SUP) it makes
mention of existing zoning and further noted that at the first meeting it was said that oil and gas
was permitted in heavy industrial zoning, but it's not indicated in the ULDC. He stated that he
does not believe that the permit meets the test for the specific SUP. Mr. Jacobson stated that
there are nine (9) acceptable non-residential land uses listed specifically in the heavy industrial
zone. He stated that the drilling of oil and gas operations use is permitted,but specific conditions
must be met. He stated that the condition of the special use permit for drilling oil or gas
operations is intended to provide for the extraction of oil or gas minerals only. He noted that the
definition shall mean the drilling completion or re-working of any type of well or pipeline and
that a tank farm is not a well or pipeline. He further noted that by definition of manufacturing
(heavy) and outdoor storage(accessory)this project does not qualify and does not meet the City's
ULDC requirements. He stated that these tanks could possibly store more than 105 million
gallons of VOC toxic hazardous crude oil. He stated that explosives are special use products and
the monitors on tanks measure lover explosive limits. He stated that the vapors that mix in the
zone above the floating roof and below the cone roof are going to be an explosive mixture. He
noted that there are windows cut around the edges for the wind to come through and try to
scavenger the vapors out and the vapors are heavier than air. He further stated that there has to be
about a 30 night wind to attempt to get all the vapors out to the roof when it's at its minimum
hill. He stated that he built one of these models in Guatemala and it caught fire and it didn't go
out until after about nine days. He noted that it wasn't near a residential area and they learned
from their mistake. He stated that the there's no seal on tanks to stop vapors. He stated that the
company will never be able to tell what's in the tanks as it has to be tested. He stated that the
vapor of crude is exceedingly high. He also noted that he's been doing this type of work since
1976 and he slept good at night knowing that he did the right thing. Additionally, he stated
that legal action may take place to send the application back to the zoning commission based on
the definition supplied.
Mayor DonCarlos requested that City Attorney, Ignacio Ramirez review for definitions for
clarity.
Mr. Billy Barnett stated that as the President of The Friends of the Baytown Nature Center, they
met and unanimously decided that this project may not be a good thing. He stated that after
listening to the speakers, he agreed to allow the company to be a good corporate citizen and
requested that they contact him to see if they can work together to improve the Baytown Nature
Center.
Mr. Daniel Seeley stated that there's been little said about the impacts to the Middleton Street
residents and any emissions from this facility would affect such community residents dealing
with health conditions, as well as, those with limited physical abilities that could be
compromised by the dust and fumes during the construction of this project. Mr. Seeley stated
that there's several other locations that this facility could be built, whereas, it would not
endanger the existing communities of Baytown. He stated that there are many request to beautify
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September 14,2017
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Baytown,but the natural beauty of wooded property is defaced with building parking lots,
apartments, shopping centers, and the current tank farm structures, which devalues property.
Additionally, he stated that the focus should be on attracting long term residents who live in
homes and communities where they're protected.
Mr. Jim Maroney stated that since Hurricanes Harvey and Irma there's been articles in the area
newspapers that the environmental conditions brought about by storms may be hazardous to the
community.
Mr. Glenn Whitcomb was extended nine (9) minutes as other registered speakers deferred their
time to him. He stated that he's a chemical engineer and represented the Citizens Against
Residential Encroachment (CARE). He requested for Council to verify if the zoning was done
legally and properly. He stated that the safety and security of those in the surrounding areas are
at stake; therefore, it's important to consider the emergency evacuation of the St. James facility in
the event of the emergency. He noted that of the 104 residents at the St. James House, 40 are
ambulatory and most of the others would need to be evacuated as they don't have personal
transportation. Additionally,he inquired if the SUP would specify what goes in the tanks, as well
as,prohibit tank trucks and tank car loading.
Mr. Ben Sager Sr. stated that he worked in a chemical plant for 30 years in Deer Park and is
familiar with what could go wrong which is why he's against this project.
Ms. Susan Garrett stated that she recently retired from ExxonMobil and is an experienced EMT
for 20 years and been on the emergency response team. In addressing the point made about the
worst case scenario regarding the heat, Ms. Garrett stated that although the heat is a concern, the
primary concern is the toxic chemicals and the toxicity of the smoke that would be drifted on the
wind, in which it would probably be shelter in place instead of an evacuation. She stated that
the St. James facility is old and nothing is sealed on the building, so shelter in place would not be
wise. Additionally, she recommended that the company spend money in the community to
protect it in the worst case scenario.
Ms. Susan Cummings requested that Council considers the following three (3) things as they
develop the requirements for the SUP: flooding, the City's zone planning document, and the
citizen's rights to safety from unnecessary risks. She stated that although there are requirements
for tank farms, such as retention ponds and certain abatements, current standards to protect life
and property from flooding events have not kept pace with the amount of concrete being poured
on the ground. Additionally, she stated that the City's reputation and property values would not
be enhanced by the position of this tank farm.
Mr. Shawn McDonald stated that he's the Chairman of the Planning and Zoning Commission
and that this proposed development is the worst thing he's seen proposed in the City in the past
fifteen years. He stated that the tax growth would rise, but the residents would end up with the
short end of the stick. He stated that in order for Baytown to thrive, it has to compete with other
communities and being that aesthetics has always been a challenge; this would be a big step
backwards. He stated that they need to revisit the HI zoning. He stated that the SUP was the
safety net that was supposed to stop this type of situation from happening. He noted that if the
City Council Regular Meeting Minutes
September 14,2017
Page 13 of 22
majority of Council didn't want a project to go forward, the SUP would not be issued.
Additionally, Mr. McDonald recommended that Council, if opposed to this, retain outside legal
counsel.
Mrs. Lisa Little was extended 24 minutes as other registered speakers deferred their time to her.
She noted that she has a degree in Industrial Psychology. She stated that after the meeting on
July 13th, residents of Lakewood and Wooster grouped together to discuss the tank farm issues.
She stated that CARE was designed and collected a petition with 1,305 signatures along with two
(2) online petitions. She noted that most of the signatures included those from Baytown, but
some were from other states and out of the country. She stated that what she heard most often
from people, which was of her greatest concern, was that the perception that Council would do
whatever they wanted despite what was right for the community. She stated that if we can vote
yes to reverse the trend of killing animals in an effort to be a more conscious society, then we
can surely see then necessity to vote no on not placing the elderly and children in unnecessary
peril. Additionally, she stated that the simple solution is to pick another site out of harm's way as
a conscious corporate citizen does not knowingly place something volatile amongst senior
citizens, schools, and residential homes.
Mr. Calvin Mundinger was extended six (6) minutes to speak as someone deferred their time to
him. Mr. Mundinger stated that to his recollection, the Baytown Fire Department was very well
trained and equipped to deal with a petrochemical related fired incident. He stated that he called
the City Manager and asked if he had the proper recollection and the City Manager stated that
not only was it the proper recollection, but that the Baytown Fire Department was one of the
better teams in the State in dealing with these types of issues. He stated that he had a
conversation with the City's Fire Chief with regards to safety and asked the Chief to assist him
with answering the questions that they discussed. Mayor DonCarlos stated that City Manager
Davis preferred that City personnel not speak, but further noted that their input would be heavily
depended upon with regards to this matter. Mr. Mundinger further stated that during his
conversation with the fire personnel, he asked if they had the opportunity to review the safe
guards and their opinion of this project as it was designed to be built, in which City personnel
thought that there were a lot of good and proper safe guards incorporated into this project. He
stated that he asked them if there would be extra help available, if they needed extra help and
they mentioned the ExxonMobil team, in which they have lots of foam stored at their facility that
was available if an event occurred. He stated that he asked if the St. James House residents,his
son being at Baytown Junior School, and the students at Travis Elementary would be okay if an
event was to occur and the answer was yes. He noted that the fire department has the authority to
call for an evacuation if necessary. Mr. Mundinger further stated that there were three (3) large
chemical plants, as well as, a tank farm visibly and directly across the street from Country Club
Oaks. Additionally, he stated that Country Club Oaks has been one of the most prestigious
subdivisions in Baytown since the 60's, and he looked at the property values of six (6) different
homes in that area, but there was no diminished property, in fact, the five (5) year history of
those homes appreciated each year.
Mr. Michael Lively asked the members of VoPak what their storm water discharge would look
like and if they would have a formal laboratory. Mayor DonCarlos stated that Mr. Lively's
inquiry would get answered.
City Council Regular Meeting Minutes
September 14,2017
Page 14 of 22
Mr. Dell Cantrell stated that he echoes all of the previous speakers' safety, security, and
environmental concerns and requested that Council takes them into serious consideration.
Mr. Roberto Gasparini stated that he has a PhD in Atmospheric Sciences and in his five(5) years
in graduate school and 12 years since as an environmental consultant, he's worked in air quality
issues particularly along the Texas Gulf Coast. He stated that his daily job for seventeen years
involved air quality, emissions, permitting and computer modeling. He stated that he works with
the Texas Emission on Environmental Quality (TCEQ) and the Environmental Protection
Agency (EPA)just about every day. He stated that he's testified as an expert witness for citizens
groups including environmental defense firms, as well as, industries. He stated that as a scientist
and his job is to be right and not choose sides. He stated that he was hired by VMH to evaluate
the air quality from their proposed project including the permitting and any potential impacts
from their operations. He stated that the emissions from their proposed terminal is actually so
small that nearby plants will admit more in just two (2) days than the VMH terminal will admit
in an entire year. He stated that TCEQ has different permitting programs based on how much
emissions the source generates and because this terminal has such small emissions it qualifies for
a Permit by Ruling(PBR), which by TCEQ's definition is considered insignificant. He stated that
to claim a PBR, a completed form is submitted to TCEQ through an online system then cleared
to begin construction. He stated that because the emissions on terminals such as this is so small,
TCEQ doesn't need to review and approve them individually, but they're automatically approved
once form is submitted and site is registered. He stated that although it's not required for a PBR,
VMH requested that he perform a computer modeling from the terminal to be sure that their
proposed operations would not cause any harm. He stated that the modeling including all of the
surrounding areas and the impacts offsite were not even close to the levels where there would
be any health impacts. He stated that VMH would not cause an air quality problem. He stated
that as added protection for the surrounded area, the TCEQ even operates an air quality monitor
a quarter of a mile west of the site, in which they constantly analyze the data to be sure, that the
air quality in the area is safe. In summary, he stated that given the insignificance emissions from
the terminal, the safe concentrations model, and the safety net of the local air quality monitor,the
proposed VMH terminal poses zero threat to Baytown's air quality.
Mr. Kenneth Norman stated that he fully endorse the remarks of Mr. Whitcomb, Lisa Little, and
Mr. Jacobson. He stated that a hearing by definition implies some argument on the merits of an
issue to be considered by a judge, finder of fact or finder of law, in this case would be City
Council. He stated that this does not appear to be hearing considering an ordinance authorizing
an SUP, but simply a hearing to determine terms and conditions to which an SUP that's going to
automatically be granted would apply, in which was not posted on the notices on Baker Road. He
inquired as to when did the City first learn that there would be no vote for or against at this
meeting. He further inquired as to when did Council first notify administration sooner that there
was not going to be a vote for or against and in fact notify the residents. He stated that this is
a denial of due process and a right to notice opportunity to be heard. He stated that he used to be
an Assistant City Attorney and that the City's ordinance notice on the agenda does not correctly
describe what the action is. He stated that what the City is considering is an application which is
defective and does not fit the perimeters of the use permitted by this application, in which the
City has no choice but to reject the application as invalid as it does not conform to the
requirements of the City's code for permitted uses for heavy industrial area. Additionally, he
City Council Regular Meeting Minutes
September 14,2017
Page 15 of 22
stated that the City should reconsider its zoning laws as it's the reason that the City is in such
adverse position.
In summary, Mayor DonCarlos stated that there's some legal theories that the heavy industrial
(HI) designation doesn't include this particular use of the property, which goes against what
Council's been told up to current point. He requested from administration an outside legal
opinion of the HI zone to see if this use is within the HI language and stated that if the opinion
shows that it's not, then the application can be addressed at that time. He further stated that if the
outside legal opinion shows that it's a permissible use within the language of the HI, to his
understanding, Council would have to move on to consider what's to be put in the SUP. He stated
that if Council gets to the SUP, he have questions that need to be answered. Additionally, Mayor
DonCarlos suggested that consideration of this agenda item be postponed for thirty days, so
that clarity from outside legal counsel is received and all questions were answered.
Council Member Johnson expressed his appreciation to those who attending the meeting to voice
their concerns, as well as,his frustration of being blindsided with the outcome of the agenda item
at this meeting. With regards to the inquiry as to when Council was informed about this, he
stated that Council was informed at 7:01 P.M. Additionally, he stated that as a good neighbor
VMH should have communicated with the surrounding communities sooner than they did to
discuss this project and that all involved should do their due diligence to make sure that the right
decision is made for constituents.
Council Member Hoskins also stated he was disappointed with the outcome of being blindsided
with the decision regarding this agenda item. He stated that in dealing with these types of issues,
he rely on facts and studies that work. He stated that there have been questions about the
expertise of the Baytown Fire Department making judgment on the safety and health of residents
and although he believes that the Baytown Fire Department is wonderful in dealing with
municipal issues,when dealing with an industrial complex, industrial expertise should be relied
upon. Additionally, he noted that there were other advantages that could be done with VMH,
such as moving the site to an industrial district and receiving a 33% increase in taxes.
Mayor DonCarlos apologized for the legal situation at hand and expressed his appreciation to
concerned attendees. He stated that Council would thoroughly review the City's rights in this
matter and come to the best conclusion possible for the City and the citizens.
Council Members Sain and McCartney both recused themselves from the vote regarding agenda
3.f. due to a conflict of interest. City Clerk Brysch noted that the conflict of interest was filed
before the meeting by both council members.
A motion was made by Council Member David McCartney and seconded by Council Member
Laura Alvarado approving to postpone agenda item 3.f. to the October 12, 2017, Council
Meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Mayor Pro
Tern Chris Presley
City Council Regular Meeting Minutes
September 14,2017
Page 16 of 22
Nays: None
Other: Council Member David McCartney(Abstain), Council Member Terry
Sain(Abstain)
Approved
3.g. Consider an ordinance authorizing a Waste Disposal Agreement with Cedar Bayou
Park Utility District.
City Attorney, Ignacio Ramirez stated that agenda item 3.g. was not ready for consideration. The
agenda item was postponed to the October 12, 2017, Council Meeting.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving to postpone agenda item 3.g. to the October 12, 2017, Council
Meeting. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem
Chris Presley
Nays: None
Approved
3.h. Consider an ordinance ratifying and extending the Order of the Mayor regarding
plats for existing single-family dwelling units damaged in Hurricane Harvey and
temporary structures placed within the City in accordance with Chapter 22 "Civil
Emergencies," Article IV" Post-Disaster Management," Division 2 "Emergency Waiver
for Post-Disaster Temporary Accommodations" of the Code of Ordinances, Baytown,
Texas.
Mr. Ramirez stated that this agenda item is related to declared emergencies where the City won't
be requiring plats in situations, whereas, someone repairing their house would ordinarily be
required if not platted. Additionally, he stated that Ordinance No. 13,579 ratify such order by the
Mayor.
A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Laura
Alvarado approving Ordinance No. 13,579, regarding agenda item 3.h. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem
Chris Presley
City Council Regular Meeting Minutes
September 14,2017
Page 17 of 22
Nays: None
Approved
ORDINANCE NO. 13,579
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND
EXTENDING THE ORDERS ISSUED BY THE MAYOR PURSUANT TO
THE TEXAS DISASTER ACT OF 1975, REGARDING PLATS FOR
TEMPORARY STRUCTURES AND EXISTING SINGLE-FAMILY
DWELLING UNITS DAMAGED IN HURRICANE HARVEY; PROVIDING
NOTICE; PROVIDING SEVERABILITY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
4. PROPOSED RESOLUTIONS
b. Consider a resolution authorizing the City to submit a grant application to the U.S.
Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial
Justice Assistance Grant ("JAG") Program, FY2017 Local Solicitation on behalf of the
Baytown Police Department.
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem
Chris Presley approving Resolution No. 2494 regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem
Chris Presley
Nays: None
Approved
RESOLUTION NO. 2494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S.
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
("JAG") PROGRAM, FY2017 LOCAL SOLICITATION ON BEHALF OF THE
BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED
NINETEEN THOUSAND FOUR HUNDRED EIGHTY-FIVE AND NO/100
DOLLARS ($19,485.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
City Council Regular Meeting Minutes
September 14,2017
Page 18 of 22
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. DISCUSSIONS
a. Discuss the possibilities of a golf course in the City of Baytown.
Council Member McCartney presented the agenda item and stated that he along with two (2)
other colleagues brought forward the topic of possibly bringing a golf course to Baytown in light
of the changes with regards to the hotel convention center, as well as, the fact that it's listed in
the strategic plan and Imagine Baytown. He stated that there are not many amenities in Baytown
for adults and a quality facility such as a golf course that include a fitness center, a youth center,
and other amenities would help make for a complete community. He noted that some Baytown
students are going to other cities for golf practices. Additionally,he stated that Baytown is one of
the largest cities in the state that don't have a golf course and having one should be reconsidered.
Council Member Sain that he was surprised that the citizens voted against having the golf course
and felt that it was because of the misconception of the funding source for such. He stated that he
hates that Baytown students have to travel outside of the community to golf. Additionally, he
stated that a golf course would complement the hotel conference center and attract others to
come to Baytown.
Council Member Hoskins stated that if looking at some of the things that impacted the vote with
regards to this topic, he would say that Council wouldn't want to do it if the vote failed by an
overwhelming majority. He stated that because of the issues at the time that may have given a
negative impact causing voters to vote against the golf course has since been corrected, the topic
should be revisited. He stated that the study the City had that went public indicated that a golf
course would be very successful, particularly the one design as it was setup to host a major
LPGA tournament. He stated one of the things not mentioned was the intent of adding additional
holes to that course for handicap golf. Additionally, he stated that the golf course was not given a
fair chance for consideration due to other issues surrounding and should be reconsidered.
Pam Warford and Chet Theiss both registered to speak regarding agenda item 5.a.
Mrs. Pam Warford stated that the third strategic directive from Imagine Baytown is community
amenities which included the key initiatives of recruitment of family entertainment venues and
creating and executing waterfront development and usage. She stated that with the completion of
Highway 99, the City need to offer amenities that would entice developers and home owners to
invest in the Baytown area that include the Bayland Park Conference Center, water amenities,
and a golf course. She stated that golfers have various ages ranging from young to old. She
noted that Baytown students are traveling to cities smaller than Baytown just to practice golf.
Mrs. Warford stated that some vacations are planned around the ability to play golf and that
golfers travel long distances, spend money, and want to live near a golf course. She stated that
there's a void since the closing of the Country Club golf course and the City now has the
opportunity to replace it with a clubhouse at Evergreen large enough for social gatherings,
events, and meetings.
City Council Regular Meeting Minutes
September 14,2017
Page 19 of 22
Mr. Chet Theiss stated that Mr. Mike Wilson could not be present and asked him to read some of
his points regarding this agenda item, as he served on the Image Strategic Plan Committee. Mr.
Theiss stated that Mr. Wilson's points were as follows: that the discussion is more than just about
the golf course, but inclusive to golf, activities such as swimming, a fitness center, a youth
center, and a fishing venue. He stated Mr. Wilson noted that Baytown directives is to build upon
Baytown's rich history, since of community, bayside location, fuel economic vitality while
creating an opportunity for all residents to enjoy an exceptional quality of life.
Additionally, Mr. Theiss stated that there was information included in the plans that had not
made it to the public and this consideration would be a step in the direction of obtaining more
amenities to draw others to live in Baytown.
During further discussion, Mayor DonCarlos inquired as to what Council should do with this
regard. Council Member McCartney stated that he proposed securing the property while it is still
available and plan towards developing it.
Council Member Presley stated he look at what's been done downtown on old Texas Avenue and
in the year 2007, there was very narrow margin of defeat with its regard. He stated that the
traction was a seven (7) year wait and hard to come by, but that he also looks at the success
seven (7) years later. Additionally, he stated that he could see possibility,perhaps at a future
date,if the hotel conference center is proven and becomes very successful.
Council Member Hoskins stated that he would not be in favor of any kind of program unless the
vote goes back to the citizens.
During further discussion, Mayor DonCarlos stated that in hearing from the large group of
citizens earlier during the meeting and hearing the troubling comment that the perception is that
Council does not listen to the citizens, the citizens voted no on the golf course, so he's a bit
reluctant to throw that vote away. He stated that there was tremendous amount of work putting
that golf course package together and noted that every municipal golf course loses money.
Additionally, he stated that Council needed to understand that the City would have to subsidize
this golf course.
Council Member Alvarado stated that there should be a discussion of the golf course, but it
would be more effective at a later date.
Council Member Sain stated that he's received comments from citizens with regards to a golf
course and he suggested to them to get a petition to have it placed on the election ballot. He
stated that he also noted to them that a win from the election doesn't mean that Council would be
subject to spend the money to build it, but shows in a renewed interest from the citizens. Council
Member McCartney stated that the suggestion was going to be done, but that the legal
department stated that it couldn't be done, so the process was stopped.
Mr. Ramirez stated that a petition could be done that shows citizens interests, which could whey
on Council that it's what the citizens want,but it can't be an election.
City Council Regular Meeting Minutes
September 14,2017
Page 20 of 22
6. CONSENT
A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Charles
Johnson approving consent agenda items 6.a. through 6.d. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern
Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing Change Order No. 3 to LEM Construction
Company, Inc, for the CDBG Non-Housing Central District Wastewater Treatment Plant
Flood Improvement Project.
ORDINANCE NO. 13,580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH LEM
CONSTRUCTION CO., INC., FOR THE CDBG NON-HOUSING CENTRAL
DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENT
PROJECT, IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED
EIGHTY-TWO AND 48/100 DOLLARS ($3,982.48); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the purchase of six Traffic Signal Controller
Cabinets and related equipment from Trafficware Group, Inc.
ORDINANCE NO. 13,581
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-TWO THOUSAND
THREE HUNDRED FIFTY AND NO/100 DOLLARS ($232,350.00) TO
TRAFFICWARE GROUP, INC., FOR THE SOLE SOURCE PURCHASE OF
SIX (6) TRAFFIC SIGNAL CONTROLLER CABINETS AND RELATED
EQUIPMENT FOR THE ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM
DAMAGED BY HURRICANE HARVEY; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
September 14,2017
Page 21 of 22
c. Consider an ordinance renewing the Annual Janitorial Supplies contract to Great
Southwest Paper.
ORDINANCE NO. 13,582
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL JANITORIAL SUPPLIES CONTRACT
WITH GREAT SOUTHWEST PAPER AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF FIFTY-FIVE THOUSAND THREE
HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing payment to Goose Creek Consolidated
Independent School District for ad valorem tax assessment and collection services.
ORDINANCE NO. 13,583
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT
AND COLLECTION SERVICES FOR FY 2016-2017 TO GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT
OF SIXTY-NINE THOUSAND SEVEN HUNDRED NINETY-FIVE AND
NO/100 DOLLARS ($69,795.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. MANAGER'S REPORT
a. The Baytown Farmer's Market at Town Square will be held at Town Square on the
third Saturday of each month from September through May from 8:00 A.M.- 12:00 P.M.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the
Baytown Farmer's Market at Town Square would be held at Town Square on the third Saturday
of each month starting September through May from 8:00 A.M. - 12:00 P.M. He noted that Brian
Guidry would also perform in September.
Council Member Sain recognized several entities for providing food to the Baytown community
after Hurricane Harvey.
Mayor DonCarlos acknowledged public works for assisting with the debris removal after the
storm and recommended to the public to direct anyone being denied FEMA assistance to the
DRC located at the Baytown Community Center from 7:00 A.M -7:00 P.M. daily.
9. ADJOURN
City Council Regular Meeting Minutes
September 14,2017
Page 22 of 22
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Terry Sain adjourning the September 14, 2017, City Council Regular Meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern
Chris Presley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the September 14,
2017, City Council Regular Meeting at 10:51 P.M.
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