1994 05 26 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 26, 1994
The City Council of the City of Baytown, Texas, met in special session on
May 26, 1994, at 6:00 p.m. in the Don M. Hullum Conference Room of the Baytown
City Hall with the following in attendance:
Eva Benavides
Council Member
David Byford
Council Member
Manuel Escontrias
Council Member
E. Frank Hinds, Jr.
Council Member
Stephen DonCarlos
Council Member
Rolland J. Pruett
Council Member
Pete C. Alfaro Mayor
Bobby Rountree City Manager
Ignacio Ramirez City Attorney
Eileen P. Hall City Clerk
The meeting was opened with a quorum present. Mayor Alfaro recessed into
executive session to discuss land acquisition along Goose Creek Stream.
When the open meeting reconvened, Mayor Alfaro announced that no action
was necessary as a result of the executive session.
Eileen P. Hall, City Clerk
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
MAY 26, 1994
The City Council of the City of Baytown, Texas, met in regular session on May
26, 1994, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the
following in attendance:
Eva Benavides
Council Member
David Byford
Council Member
Manuel Escontrias
Council Member
E. Frank Hinds, Jr.
Council Member
Stephen DonCarlos
Council Member
Rolland J. Pruett
Council Member
Pete C. Alfaro Mayor
Bobby Rountree City Manager
Ignacio Ramirez City Attorney
Eileen P. Hall City Clerk
The meeting was opened with a quorum present, and Council Member
Benavides offered the invocation, after which the following business was conducted:
Consider Approval of the Minutes for the Regular Session Held on May 12, 1994
Council Member DonCarlos moved for approval of the minutes for the regular
session held on May 12, 1994. Council Member Benavides seconded the motion.
The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
940526 -2
Minutes of the Regular Session - May-26, 1994
Receive Audit of the Garage Operations for the Period Ending March 31, 1994 and
Staff Responses
Bill Shireman, of Deloitte and Touche, auditors for the City of Baytown, reported
that the study of the operations of the City of Baytown's Auto Repair Department has
been completed for the period ending March 31, 1994. The study found the
operation to be very effective with positive change going on in the department. The
firm's objective was to look for improvement of efficiency in operation and the
possibility of privatization. They concluded that there would be no significant
advantage to privatization. During the study representatives of Deloitte and Touche
met with garage staff, employees who utilize the garage and supervisors. Mr.
Shireman thanked Herb Thomas and Jim Sanders for their cooperation and
responsiveness to the work being performed by Deloitte and Touche. He also added
that he found all employees encountered to be very cooperative.
Council Member Hinds moved to receive the audit of the Garage Operations for
the period ending March 31, 1994, along with staff responses. Council Member
Escontrias seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Receive Annual Report of the Baytown Area Youth Commission
Charles Shaffer, Police Chief and acting Chairman of the Baytown Area Youth
Commission, summarized the Baytown Area Youth Commission's Annual Report. Mr.
Shaffer emphasized that most of the work has involved forming philosophy. That is,
which direction should the Baytown Area Youth Commission go? The group has
developed that direction and is close to proposing something for at risk youth, as well
as all the youth of the city.
The juvenile curfew posed a number of questions from the public as well as city
council. Public hearings were held throughout the community to receive input prior
to initiation of the curfew. After adoption of the curfew ordinance, training was
provided to officers to ease implementation. To date, only five citations have been
issued for violation of curfew. Voluntary compliance has been extremely high. He
reiterated that the commission is definitely working toward a comprehensive proposal
to address youth problems in the City of Baytown. Some portions of this plan have
been pulled together and the overall plan should be developed within thirty days. The
940526 -3
Minutes of the Regular Session - May 26, 1994
Baytown Area Youth Commission has been so successful other areas are asking about
our Youth Commission. The entire council commended the Youth Commission for its
hard work and obvious results.
Council Member Pruett moved to receive the Annual Report of the Baytown
Area Youth Commission. Council Member Benavides seconded the motion. The vote
follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Consider Proposed Ordinance, Authorizing the City Manager to Enter Into A
Cooperative Agreement and Amendment No. 1 with the U.S. Fish & Wildlife Service
To Restore Areas of the Baytown Nature Center (Brownwood)
David Ondrias, Director of Parks and Recreation, has been in contact with the
U.S. Fish & Wildlife Service through Brian Caine, U.S.F.W., Environmental Specialist,
to obtain funding to assist the City of Baytown in cleaning and restoring certain areas
of the Baytown Nature Center. This project is similar to the ARCO project. There is
a pool of money which was paid for various violations, and there will be additional
money on an annual basis. The initial project to be performed consists of cleanup of
debris, demolition of homes, removal of slabs and driveways, construction of a wave
barrier, establishment of a one -acre marsh at San Jacinto Point and placement of
needed signs and traffic barriers. The city is responsible to prepare necessary plans
and specifications and administer the resulting contract. The U.S. Fish and Wildlife
Service will assist in securing a Corps of Engineers Permit for the project. Additional
projects at the Nature Center may be funded through this same procedure. David
Ondrias met with ARCO representatives yesterday to discuss the possibility of using
the ARCO contribution to apply for a grant using their contribution as the match. The
ARCO representative will go back to ARCO with the proposal because they must meet
certain deadlines on their mitigation. However, he did respond favorably to the
suggestion. They have been involved in similar projects before. Therefore, it is
possible for the City of Baytown to leverage the ARCO funds to obtain $500,000 or
more in additional funding. This is another example of the staff aggressively seeking
grant funds. The administration recommended approval of the ordinance.
940526 -4
Minutes of the Regular Session - May 26, 1994
Council Member Byford moved for adoption of the ordinance. Council Member
DonCarlos seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
ORDINANCE NO. 7007
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A COOPERATIVE AGREEMENT WITH THE
U.S. FISH AND WILDLIFE SERVICE TO RESTORE AREAS OF THE BAYTOWN NATURE
CENTER (BROWNWOOD); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940526 -1)
Consider Proposed Ordinance, Amending Agreement with Wayne Smith & Associates
for Engineering Services for the Pinehurst Treatment Plant
Council had previously discussed this matter at a work session on April 14. the
administration is recommending the elimination of the Pinehurst Plant due to
deterioration of the banks of Cedar Bayou at that location, as well as EPA order
requiring elimination of overflows at manholes in that vicinity. The recommendation
is to amend the contract with Wayne Smith & Associates to design a portion of the
diversion for the sewer system to flow to the East District Sewer Treatment Plant
which is currently being expanded.
Council Member Escontrias moved for adoption of the ordinance. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
940526 -5
Minutes of the Regular Session - May 26, 1994
ORDINANCE NO. 7008
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BETWEEN WAYNE
SMITH & ASSOCIATES, INC. AND THE CITY OF BAYTOWN; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940526 -2)
Consent Agenda
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 940526 -3 amends Chapter 2, "Administration,"
of the Code of Ordinances, Division 10, "Baytown Area Youth
Commission," Subsections 2 -71.4 and 2 -71.6 by changing the makeup
of the Commission.
The existing ordinance defines the makeup of the Baytown Area Youth
Commission which requires a member of the Harris County Sheriff's
Department to serve on the Commission. The Harris County Sheriff's
Department has asked for this position to be eliminated. The ordinance
further provides that the Chairman of the Baytown Area Long Range
Planning Commission shall serve on the Baytown Area Youth
Commission and the Executive Board. The Long Range Planning
Commission has requested revision of the ordinance to provide that a
representative of the Long Range Planning Commission serve on the
Executive Board rather than the Chairman.
The Baytown Area Youth Commission is recommending the ordinance be
amended to delete the Harris County Sheriff's Department from
membership on the Commission and to provide for a representative of
the Baytown Area Long Range Planning Commission to be a member of
the Executive Board, rather than requiring the Chairman to serve.
We recommend approval.
940526 -6
Minutes of the Regular Session - May 26, 1994
b. Proposed Ordinance No. 940526 -4 authorizes an agreement with
Southern Pacific Lines Transportation Company in the amount of
$20,000 for the purchase of 3.51 acres of land for park purposes. At
the council meeting on April 14, 1994, Council authorized and approved
the expenditure of $20,000 for the purchase of 3.51 acres of land
(Carver Park) from Southern Pacific. Southern Pacific and the
administration have drafted this agreement in order to finalize the
purchase.
We recommend approval.
C. Proposed Ordinance No. 940526 -5 awards the annual body armor
contract to GT Distributors, Inc. in the amount of $11,120.60.
Invitations to bid were mailed to fourteen suppliers. We received four
bids and two no -bids. This contract is for bullet -proof vests to be used
by the Police Department for protection. The low bidder does not meet
specifications.
We recommend approval.
d. Proposed Ordinance No. 940526 -6 authorizes a refund of taxes in the
amount of $2,346.11 to EniChem Elastomers Americas, Inc. The
account contained a clerical error in the value of their inventory. Their
agent met with HCAD'S personal property officer and made the
necessary adjustment. This resulted in a decrease in value from
$3,729,030 to $2,310,150, resulting in the need to refund $2,346.11.
Section 31.11 of the Texas Property Tax Code requires the governing
body to approve a tax refund of $500.00 or more.
We recommend approval.
Council Member DonCarlos moved for adoption of the Consent Agenda, items
"a" through "d." Council Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
940526 -7
Minutes of the Regular Session - May 26, 1994
ORDINANCE NO. 7009
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE II,
"BOARDS AND COMMISSIONS," DIVISION 10, "BAYTOWN AREA YOUTH
COMMISSION," SECTION 2 -71.4, "MAKEUP OF COMMISSION," AND SECTION 2-
71.6, "EXECUTIVE BOARD CREATED, COMPOSITION, AND POWERS AND DUTIES,"
OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940526 -3)
ORDINANCE NO. 7010
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SOUTHERN PACIFIC
TRANSPORTATION COMPANY FOR THE PURCHASE OF 3.51 ACRES OF LAND; AND
PROVIDING FOR THE EFFECTIVE DATE THEREFORE.
(Proposed Ordinance No. 940526 -4)
ORDINANCE NO. 7011
AN ORDINANCE ACCEPTING THE BID OF GT DISTRIBUTORS, INC. FOR THE
ANNUAL BODY ARMOR CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN THE SUM OF ELEVEN THOUSAND ONE HUNDRED TWENTY AND 601100
DOLLARS ($11,120.60); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940526 -5)
ORDINANCE NO. 7012
AN ORDINANCE DETERMINING THAT THE PAYMENT OF TAXES BY ENICHEM
ELASTOMERS ON ACCOUNT NUMBER 054 -177 -1 FOR THE TAX YEAR 1993 WAS
EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF TWO THOUSAND
THREE HUNDRED FORTY -SIX AND 111100 DOLLARS 02,346.11); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
(Proposed Ordinance No. 940526 -6)
For Bid Tabulation, see Attachment "A."
w
940526 -8
Minutes of the Regular Session - May 26, 1994
Consider Confirmation of City Manager's Appointments of Administrative Directors
Upon the retirement of the Assistant City Manager, Norman Dykes, Bobby
Rountree, City Manager, made the decision to reorganize, establishing three
administrative director positions to be selected from the existing department directors.
Those selected would continue with their present responsibilities and assume
additional responsibilities of administrative directors for several departments. Eight
department directors filed resumes, along with answers in writing to four questions.
Each responded to twelve questions during the interview process. This process was
conducted by Bobby Rountree and Ron Crabtree, City Manager of Deer Park. Mr.
Crabtree's observation was that Mr. Rountree had very difficult decisions to make
because of the highly qualified candidates. The City Manager emphasized how
fortunate the City of Baytown is to have such a professional staff.
The three people selected are professionals who are technically competent with
a clear understanding of the interpersonal skills required to assume administrative
director's positions. Each exhibited good judgement and decisiveness during the
interviews as they do on a daily basis. Mr. Rountree continued that he had had the
opportunity to work with these individuals for several years, and they come to him
with solutions, not necessarily problems. They are consistent and reasonable when
dealing with the public, as well as employees. They have good communication skills,
as well as a high degree of credibility within the organization and within the
community.
Mr. Rountree recommended council confirmation of Eileen Hall, Monte Mercer
and Herb Thomas as administrative directors.
Eileen Hall has worked for the City of Baytown for twenty -five years. She has
demonstrated the ability to consistently handle more complex duties and
responsibilities which can be witnessed by her advancement within the organization.
As City Clerk she has had the opportunity to learn the overall operation of the
organization, specifically the policies, procedures and ordinances, as well as interact
effectively with the community of Baytown. He recommended that Ms. Hall be
compensated in the amount of $56,070 annually which is 25% above the minimum
starting salary for this position.
Mr. Mercer has progressive experience in governmental accounting over nine
and one -half years, including public accounting, internal auditing, budgeting and
financial reporting. He graduated from Texas Wesleyan College with a Bachelor's
Degree in Business Administration. Since his employment with the City of Baytown,
he has demonstrated excellent organizational skills, as well as creativity. He
940526 -9
Minutes of the Regular Session - May 26, 1994
recommended that Mr. Mercer be compensated in the amount of $65,723 which is
10% above his current salary.
Mr. Thomas has twenty -six years of experience in managing the operation of
utility systems. He has ten years with the City of Baytown directing the Public Works
Department and the Baytown Area Water Authority. He is a graduate of Indiana
University with a Bachelor's Degree in Business. He currently supervises one of the
largest departments within the City. He has demonstrated over the years, excellent
management skills and has improved productivity in his department by reorganizing
staff responsibilities. He recommended to compensate Mr. Thomas in the amount of
$66,950 which is 10% above his current salary.
The combination of education and experience possessed by the three will enable
them to do a very effective job from the beginning. They will require very little
supervision and will be instrumental in the development of the team concept for the
City of Baytown. The proposal for hiring the three administrative directors has a
three -fold purpose: One, staff professional development; two, improved team
management; and three, maximize resources.
Council Member Byford moved to confirm the City Manager's appointments of
administrative directors. Council Member Escontrias seconded the motion. The vote
follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Mayor Alfaro stated that the council feels that the City Manager and staff have
gone through a very difficult process, but a process which is in the best interest of
the organization and the community. Baytown is very fortunate to have an extremely
professional staff.
Consider Election of Mayor Pro Tempore
Following the Municipal Election each year council elects a Mayor Pro Tempore.
It has become customary for council to select as Mayor Pro Tempore a Council
Member who is interested in performing that duty with tenure and who has not served
as Mayor Pro Tempore. Presently, Council Member DonCarlos is serving in that
capacity.
940526 -10
Minutes of the Regular Session - May 26, 1994
Council Member Escontrias moved for the election of Eva Benavides as Mayor
Pro Tempore. Council Member Pruett seconded the motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Consider Confirmation of City Manager's Appointment to the Baytown Library Board
The City Manager requested confirmation of the appointment of W.C. Smith to
the Baytown Library Board to fill the unexpired term of Ron Embry who has resigned.
Mr. Smith is a frequent library user and is employed as Director of Curriculum and
Instruction with Goose Creek Independent School District.
Council Member Byford moved to confirm the City Manager's appointment of
W.C. Smith to the Baytown Library Board. Council Member Hinds seconded the
motion. The vote follows:
Ayes: Council Members Benavides, Byford, Escontrias, Hinds,
DonCarlos and Pruett
Mayor Alfaro
Nays: None
Consider Appointment to Auto Wrecker Committee
This appointment will be made at a future meeting.
City Manager's Report
Sterling/Defee Project - Kent Laza, City Engineer, reported that the asphalt on
Defee from Decker to Commerce has been placed. The Decker Drive portion of the
project is complete. Defee will be complete to North Main by Saturday and the
remainder of Defee from North Main to Fourth should be completed next week.
Sterling Street is on schedule. It will take about two more weeks to finish the
underground work and then a couple more weeks to do base repairs. Therefore, it will
take about a month to complete Sterling. Council Member Pruett requested that the
Growth Management Commission review the previous action of elimination of stop
signs at the intersection of Defee and Commerce.
940526 -11
Minutes of the Regular Session - May 26, 1994
Memorial Day - A special Memorial Day Remembrance is scheduled for Monday
a 11:00 a.m. at Bicentennial Park with Mayor Alfaro as the speaker
Adjourn
There being no further business to be transacted, the meeting was adjourned.
Eileen P. Hall, City Clerk
PAGE 1 -- 9403 -65T
CITY of BAYTOwN
BID TABULATION
TITLE: ANNUAL BODY ARMOR CONTRACT
BID #: 9403 -65
DATE: APRIL 14. 1994 2:00 P.M.
BOB;BARNARD
$ ASSOC. GT DISTRIBUTORS -INC.
UNIFORMS OF TEXAS
NO.
QTY.
UNIT
DESCRIPTION
UNIT PRICE
EXT. PRICE
UNIT PRI E
''`EXT. PRI E
UNIT PRICE
EXT. PRICE
1
20
EACH
BODY ARMOR
602.00
12,040.00
444.83
8,898.60
492.00
9,840.00
2
40
EACH
OPTIONAL: S are Covers for
52.00
2,080.00
55.60
2,224.00
58.28
2,331.20
Point Blank USMS style
12,171.20
GRAN D TOTALS:
14,120.00
11 120.60
Do not meets
eciflcations.
S ec'd Point
lank, bid
Safariland.
SUPPLY POINT:
HOUSTON, T
S
AUSTIN, T
S
HOUSTON,
DEUVERY:
12 DAYS AR
30 DAYS'AR
30 OR 45 DA
S ARO
TEXAS STA
DIST.
BELSC� IN
GULF STAT
DIST.
NO.
QTY.
UNIT
DESCRIPTION
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
1
20
EACH
BODY ARMOR
339.00
6,780.00
0.00
0.00
0.00
0.00
2
40
EACH
OPTIONAL: S are Covers for
36.00
1,440.00
0.00
0.00
0.00
0.00
Point Blank USMS s le
_
GRAND TOTALS:
8,220.00
NO BID
NO BID
_ __
Do not meets
ec� cations.
DO NOT SUP
LY
NOT IN TERR
ORY
S ec'd Point
lank, bid
Safariland.
SUPPLY POINT: _
HOUSTON, T
S
LAFAYETTE,
MONTGOME
Y, ALABAMA
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