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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 -- -1 - - -- -- -- DELIVERY_ - -- - - -- 12 DAYS AR . —� __ -- - - -- - -- op�-. P a O y nx�m aoz 0D PNF- O pO P � D 0 m n Q Z --I Y V wn o� D0 CO T C co Z z Z D m N I I g I N Z r 3 NJJ o 1� o om acv /� m D � O cn 1 D �cr0 mND fm0 0 03 y ca v x O 0 Z W 0 Z Z 1 y 0 0 0 N 8 °o my cc a� o aN I I i I I i I i � I I a O y nx�m aoz 0D PNF- O pO P � D 0 m n Q Z --I Y V wn o� D0 CO T C co Z z Z D m N I I g I N