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2005 01 13 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 13, 2005 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 13, 2005, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Sammy Mahan Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Sheryl Ward Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present and Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of minutes of the work session and regular meeting held on December 9, 2004. Council Member Mahan moved approval of the minutes of the work session and regular meeting held on December 9, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. Council Member Ward abstained. The motion carried. Consider approval of the minutes for the special meeting held on December 29, 2004. Council Member Sheley moved approval of the minutes of the special meeting held on December 29, 2004. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward. Mayor Mundinger. Nays: None. Council Member Renteria abstained. The motion carried. Page 2 of 13 Minutes of the Regular Session – January 13, 2005 Citizen Communications: Charlie E. Nelson, Sr., 311 Greenbriar Street, requested to address Council concerning improper sewer drainage on Greenbriar Street. Mr. Nelson was not present when his name was called. David Huddleston, 315 Greenbriar Street, requested to address Council concerning sewer discharge. Mr. Huddleston was not present when his name was called. Update on Wastewater Projects. City Manager Jackson explained that inflow and infiltration affects the wastewater system in many ways. He noted that while the Steinman Sanitary Sewer Rehabilitation Project will assist in the rehabilitation of sewer lines in the area, it is not a complete cure to the problem. There are ongoing projects all over the City, including the design of the expansion of the West Wastewater District Plant and the new Northeast District Plant. He announced that the permit for the plant had been received and funding from the Texas Water Development Board had been approved. Mr. Jackson informed Council that many requests for utility service have been received for large developments around the community. He also stated that expenditures on the public side will not solve the entire problem; issues on the private side must be studied and resolved. Presentation of the final report from the Charter Review Committee. Dr. Joe Floyd, Chairman of the Charter Review Committee, introduced the Committee members present: Vice-Chairman Lawrence Wallace, Mike Beard, Jim Cauley, Steve Fess, and former committee members, now Council Members, Sheryl Ward and Sammy Mahan. Committee member Dorothy Shields was not present. Dr. Floyd informed Council that the Committee’s Mission Statement was as follows: “Review the Charter of the City of Baytown, develop proposed changes that would be in the best interest of the citizens of Baytown, and recommend an optimum set of these proposed changes to City Council for their consideration on how to move forward. Timing: A major checkpoint with Council by YE2004.” Dr. Floyd stated that the overarching recommendation of the Committee is that the City Council initiates a total rewrite of the Charter. He said the Committee had received input from various sources, including telephone calls, emails, conversations, four public forums, and a widely-circulated survey to sense how the public responded to the issues. He noted that there were 46 sections that required housekeeping changes, 45 sections that should be amended to conform to state law, 36 sections submitted by staff for efficiency changes, and 11 substantive issues in 10 sections. The substantive issues are as follows:  Section 12. At-large Council seats (recommendation: at-large Council seats be added);  Section 12. Length of Terms (no further consideration);  Section 12. Term limits (no further consideration); Page 3 of 13 Minutes of the Regular Session – January 13, 2005  Section 14. Compensation of Council (no further consideration);  Section 16. Vacancies on Council: (recommendation: special election to fill vacancy limited to voters in that district);  Section 24. The Municipal Judge: (recommendation: clarify qualifications and change to an elected position);  Section 22.1. Fire department staffing: (recommendation: remove from the Charter);  Section 25. Executive sessions: (recommendation: amend to allow for specific exceptions);  Article X. Initiative, Referendum, and Recall: (recommendation: change the two sections dealing with referendum and initiative to make the base number of votes be those at the last regular municipal election in which a mayor was elected);  Article X., Section 110. Recall Petitions (recommendation: that a petition for recall of a Council member from a single-member district be signed by at least 51% of the number of voters who voted in that district in the last general municipal election in which a Council member from that district was elected and that the phrase “…or 700, whichever is great” be stricken);  Section 126. Publicity of Records: (recommendation: modify the section to require the City to maintain a web site or whatever technology supercedes the web site and to require the City to post records and documents that are public information on the web site as long as it is available. There are several sections of the Charter that might also refer to publishing on the web site, including current Sections 42, 47, 67, and 100). Dr. Floyd stated that at least 85 sections of the Charter need amendment. He suggested that a new provision be added to provide for regular review of the Charter in order to keep the Charter current. In conclusion, Dr. Floyd thanked City staff for support, especially the City Clerk’s office, St. Mark’s United Methodist Church, Second Baptist Church, and Our Lady of Guadalupe Catholic Church for hosting the public forums, The Baytown Sun for its extensive coverage, the public for its enthusiastic input, and the City Council for the opportunity to serve on the Committee. Committee Members Beard and Wallace expressed their thanks to Council for the opportunity to serve on the committee, to City staff for their assistance, to the other committee members, and the public for its input. Mayor Mundinger thanked the Committee members present for their hard work and thorough study of the Charter. The following person signed to address Council on this item: Reba Eichelberger, 2005 Oak Shadows Ms. Eichelberger spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. The following persons signed to address Council on this item and yielded their time to Tom Carr: Robert McKay, Marshall Hutton, David Mendisabal, Charles Murrell, Walter Horton, Justin Lewis, Ronald Roberts, Mike Will, and Mark Neal. Thomas Carr, 1708 Narcille Mr. Carr spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. Page 4 of 13 Minutes of the Regular Session – January 13, 2005 The following persons signed to address Council on this item and yielded their time to Bob Carr: Joan Thomson and John Carr. Bob Carr, 1708 Narcille Mr. Carr spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. Terri Murrell, 5314 Louise Street Ms. Murrell spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. The following persons signed to address Council on this item and yielded their time to M. T. Thomas: David Thomas and Laura Woods. M. T. Thomas, 305 Grantham Mrs. Thomas spoke in opposition of the removal of Section 22.1, Fire department staffing from the Charter. Keith Lowell, 2002 Rosille Mr. Lowell spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. Carolyn Riggs, P.O. Box 717 Ms. Riggs spoke in opposition of the removal of Section 22.1., Fire department staffing from the Charter. Council discussed the purpose of the Charter Committee, the need for the review, and thanked the Charter Review Committee for their intensive review of the Charter. Mayor Mundinger called for a recess at 8:07 p.m. The meeting was reconvened at 8:20 p.m. Receive survey results regarding changing the name of Market Street to Veterans Memorial Drive and provide direction to staff. Tom Cottar presented a request to rename that portion of Market Street between Texas Avenue and West Main Street to Veterans Memorial Drive. Pursuant to Council’s direction, staff surveyed the residents, businesses, and other entities along Market Street. Of the responses received through January 3, 2005, 13 opposed the name change, 6 supported changing the name of a portion of the street, and 9 supported changing the name of the entire street. The reasons given for opposition included the expense involved and memories of the street name. On November 17, 2004, the Planning & Zoning Commission considered the request and recommended denial of the requested name change. Page 5 of 13 Minutes of the Regular Session – January 13, 2005 Council discussed how to quantify the results of the responses to the survey in relation to the location of a person’s residence or business. After further discussion, Council instructed staff to obtain information regarding the method of designating Spur 330 as Veterans’ Memorial Highway rather than changing the name of Market Street. Consider Proposed Ordinance No. 050113-1, approving an interlocal agreement with the City of Pearland for a unit-price service contract for a water meter change-out and retrofit program, new meter supply contract, and supplemental agreement. Proposed Ordinance No. 050113-1 approves an interlocal agreement with the City of Pearland for a unit-price service contract for a water meter change-out and retrofit program, new meter supply contract, and supplemental agreement with Southwest Stainless, L.P., d/b/a Hughes Supply. This project will be funded by 2004 Certificates of Obligation. Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF PEARLAND, TEXAS, FOR A UNIT PRICE SERVICE CONTRACT FOR A WATER METER CHANGE-OUT AND RETROFIT PROGRAM AND NEW METER SUPPLY CONTRACT; AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH SOUTHWEST STAINLESS, L.P., D/B/A HUGHES SUPPLY CONCERNING THE SAME; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT OF FIVE MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($5,100,000.00); MAKING OTHER PROVISIONS RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050113-2, awarding a construction contract for the Texas Avenue Lift Station Project. Proposed Ordinance No. 050113-2 awards a construction contract in the amount of $1,189,815, to N & S Construction, Inc., for the Texas Avenue Lift Station Project. The scope of work includes demolishing the existing lift station and constructing a new lift station in its place. The construction includes, but is not limited to, a new wet/dry pit structure, pumping units, valves, piping, electrical controls, and civil site improvements. The original cost estimate was $855,000 according to the preliminary engineering report from the consultant in November 2003. Since then, however, the price of steel and concrete has increased by as much as 50%, to which the consultant attributes the increased construction cost. This project will be funded by interest earnings on bond funds and 2002, 2003, and 2004 Certificates of Obligation. The construction duration is 180 calendar days. Page 6 of 13 Minutes of the Regular Session – January 13, 2005 Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH N & S CONSTRUCTION, INC., FOR THE TEXAS AVENUE LIFT STATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION ONE HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED FIFTEEN AND NO/100 DOLLARS ($1,189,815.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050113-3, awarding a professional services contract for final design of the West District Wastewater Treatment Plant Headworks Lift Station Rehabilitation Project. Proposed Ordinance No. 050113-3 awards an engineering contract, in an amount not to exceed $48,565, to Post, Buckley, Schuh, & Jernigan, Inc., (PBS&J) for final design of the West District Wastewater Treatment Plant Headworks Lift Station Rehabilitation Project. The total amount for basic services will not exceed $48,065. The basic services will also include Texas Water Development Board (TWDB) coordination and management for preparing the required final engineering design report to TWDB. The TWDB effort will not exceed $17,700 and is included in the $48,065. The reimbursable expenses will not exceed $500. Therefore the total contract amount with PBS&J is $48,565, which includes all of the aforementioned services. Under the preliminary design contract, PBS&J prepared the TWDB application for $9,040 as part of their basic services. This project will be funded by 2002 and 2004 Certificates of Obligation and 1997 TWDB interest and bonds upon approval of TWDB. Council Member Sheley moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Page 7 of 13 Minutes of the Regular Session – January 13, 2005 ORDINANCE NO. 9979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH POST, BUCKLEY, SCHUH, & JERNIGAN, INC., TO PERFORM FINAL DESIGN FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT HEADWORKS LIFT STATION REHABILITATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-EIGHT THOUSAND FIVE HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($48,565.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 050113-4, authorizing Change Order No. 2 to Frost Constructors, Inc. for the Emergency Operations Center and Police Academy Construction Project. This change order will increase the contract amount by $57,865. The original contract amount was $2,711,266.35. Change Order No. 1, in the amount of $56,083.60, increased the contract to $2,767,349.95. Change Order No. 2 increases the contract amount to $2,825,214.95 and includes both added work as well as credits, which are outlined on the attachment. Please note that some of the items requiring the additional work resulted from errors and omissions in the plans and specifications prepared by the consultant, which the consultant disputes. For example, because the EOC must be elevated an additional 18 inches, a modified retaining wall with handrails required for ADA compliance is required, which means the retaining wall needs to be longer and higher than shown in the original design. This change was not considered by the consultant and must be added as a part of the work. As such, the City will seek to resolve the issues with the consultant and, if necessary, will proceed by filing a claim against the consultant’s professional liability insurance policy. To avoid costly delays and keep the project moving forward, however, it is suggested that the City fund this change order until such time that the matter is resolved. Council Member Murray moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9980 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 WITH FROST CONSTRUCTORS, INC., FOR THE EMERGENCY OPERATIONS CENTER AND POLICE ACADEMY CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY-SEVEN THOUSAND EIGHT HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($57,865.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 8 of 13 Minutes of the Regular Session – January 13, 2005 Consider Proposed Resolution No. 050113-1, authorizing and directing the Mayor to execute the General Certificates of Local Governmental Unit relating to Southeast Texas Housing Finance Corporation’s issuance of Multifamily Housing Revenue Bonds. Proposed Resolution No. 050113-1 authorizes and directs the Mayor to execute General Certificates of Local Governmental Unit relating to Southeast Texas Housing Finance Corporation’s (“SETH”) issuance of Multifamily Housing Revenue Bonds. SETH is issuing the bonds to finance the construction of a multifamily property in Baytown (Rosemont at Garth). The issuance of the bonds is expected to advance SETH’s continued efforts in providing safe, decent, sanitary, and affordable housing to residents of its sponsoring political subdivisions, including the City of Baytown. To gain approval of the Texas Attorney General’s Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City’s approval of SETH’s Restated Articles of Incorporation, the City’s appointment of Daniel Sandoval to SETH’s Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. The same project was considered in the request for the Mayor to execute General Certificates of Local Governmental Unit and approved by Council on December 9, 2004. This authorization must be repeated because it was necessary to include Harris County in the public hearing and authorization process due to a portion of the project currently being outside of the Baytown City limits. Ron Williams, 11111 S. Sam Houston Parkway E., Houston, Texas 77089 Mr. Williams, Executive Director of the Southeast Texas Housing Finance Corporation, explained to Council that when the corporation issues bonds, each affected jurisdiction must approve the issuance. When the issuance involves a multi-family complex in a city’s jurisdiction, the Mayor also must be authorized to sign the highest elected official’s certificate. The corporation conducted a public hearing at the Baytown Community Center on November 30, 2004. City Council passed a resolution to authorize the Mayor to sign the general certificate as highest elected official on December 9, 2004. However, because the property is in both the City of Baytown and in unincorporated parts of Harris County, and the annexation will not take place until after the close of the bond issuance, upon guidance of the Attorney General’s office, another public hearing was held on January 4, 2005 on behalf of Harris County. In conclusion, Mr. Williams commended City staff for its professionalism and courtesy during this process. City Manager Jackson reminded Council that Southeast Texas Housing Finance Corporation is issuing the bond rather than the City. Council Member Anderson expressed concern regarding the lower rents that the multi-family complex will charge drawing business from existing apartment complexes. Council Member Mahan stated that there is a need for affordable housing in the City. Council Member Sheley moved adoption of the proposed resolution. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: Council Member Anderson. The motion carried. Page 9 of 13 Minutes of the Regular Session – January 13, 2005 RESOLUTION NO. 1695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE CERTIFICATES OF HIGHEST RANKING OFFICIAL RELATING TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (ROSEMONT AT GARTH APARTMENTS) IN ONE OR MORE SERIES IN AN AGGREGATE AMOUNT NOT TO EXCEED FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 050113-2, authorizing publication of Notice of Intent to Issue Certificates of Obligation. Proposed Resolution No. 050113-2 authorizes publication of the Notice of Intent to Issue Certificates of Obligation in the amount of $13,370,000 for Water and Sewer System Improvements. Prior to the sale of certificates of obligation, the City Council must publish notice of its intention to sell the bonds. The publication must occur twice, with the date of the first publication at least fifteen (15) days before the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such certificates of obligation. The proposed resolution approves the form and content of the notice to be published and authorizes the mandated publication. Council Member Renteria moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications for the 2005 Annual Crack Sealing Contract and authorizing advertisement for bids. The scope of work includes crack/joint sealing with either asphalt rubber or a sand-asphalt mixture to both reinforced concrete roadways as well as asphalt streets. The streets included in the scope of work will be determined from the Pavement Condition Index contained within the Fugro-Bre, Inc. report. This will be an annual contract based on minimum $50,000 work orders. The estimated construction cost for this project is $300,000. This project will be funded by the Street Maintenance Sales Tax, with advanced funding from the Capital Improvement Project Fund. Council Member Murray moved approval of plans and specifications for the 2005 Annual Crack Sealing Contract and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Page 10 of 13 Minutes of the Regular Session – January 13, 2005 Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consider approving plans and specifications for the 2005 Annual Mill and Overlay Contract and authorizing advertisement for bids. The scope of work includes milling existing asphalt streets, performing base repairs as necessary, and overlaying the street with new asphalt. The streets to be selected for this contract will be approved by Council based on the Pavement Condition Index contained within the Fugro-Bre, Inc. report. This will be an annual contract based on minimum $100,000 work orders. The estimated construction cost for this project is $1,000,000. This project will be funded by the Street Maintenance Sales Tax, with advanced funding from the Capital Improvement Project Fund. City Manager Jackson noted that the lists of streets submitted by Council Members would be reviewed at a future meeting. Council Member Renteria moved approval of plans and specifications for the 2005 Annual Mill and Overlay Contract and authorization for advertisement for bids. Council Member Ward seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 050113-5 awards the last renewal of the annual cement stabilized sand contract to Mega Sand Enterprises, Inc., in the amount of $86,296.50. Mega Sand Enterprises, Inc., submitted a written request to renew the current contract for the same pricing, terms, and conditions. The quantities remain the same as last year. Cement stabilized sand is used by the Public Works and Parks and Recreation Department for various projects throughout the City. b. Proposed Ordinance No. 050113-6 awards the annual brass fittings contract to Golden Triangle Pipe, in the amount of $29,790.75. Invitations to bid were sent to six suppliers; five responses and one no-bid were received. This contract is used for water rehabilitation, water distribution, water taps, and utility construction projects. c. Proposed Ordinance No. 050113-7 awards the first renewal of the annual roll-off containers services contract to Arrow Waste in the amount of $156,655. Arrow Waste submitted a written request to renew the contract for the same pricing, terms, and conditions. The quantities remain the same. This contract is used to deliver and furnish containers to haul and dispose of the contents of thirty and forty-yard roll-off containers. The containers will be used by the public for collection of junk, heavy trash, and building materials at the drop-off center; for special events throughout the year; and by various departments on a routine basis. Page 11 of 13 Minutes of the Regular Session – January 13, 2005 d. Proposed Ordinance No. 050113-8 awards the contract to rebuild the Central District Wastewater Treatment Plant #2 Klampress to Environmental Machines and Services in the amount of $64,058. Invitations to bid were sent to six suppliers and three responses were received. The rebuild turnkey job will consist of all necessary parts, materials, freight, installation, labor, time and mileage, and cleanup to successfully rebuild the belt filter press at the Central District Wastewater Treatment Plant. e. Proposed Resolution No. 050113-3 approves application and acceptance for continued funding of the Victims of Crime Act Grant to provide the Family Violence Counseling Program in the Police Department for the 2005-2006 period. The Office of the Governor, Criminal Justice Division, VOCA Program will review the VOCA Grant application during competitive grant proposals. The application will request continued funding for one full-time personnel position, a Case management Coordinator, who works directly under the supervision of the Baytown Police Department. This th continuation grant will be for the 6 year of funding. The original application was approved by Resolution No. 1404 and the grant was awarded by the Office of the Governor-Criminal Justice Division for fiscal years 2000, 2001, 2002, 2003, and 2004. Funding is provided annually. This application will request funding in an amount not to exceed $50,400. The local match will be in kind and is available in the Police Department general fund budget Council Member Renteria moved adoption of the consent agenda, items a through e. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF MEGA SAND ENTERPRISES, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY-SIX THOUSAND TWO HUNDRED NINETY-SIX AND 50/100 DOLLARS ($86,296.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLDEN TRIANGLE PIPE FOR THE ANNUAL BRASS FITTINGS CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-NINE THOUSAND SEVEN HUNDRED NINETY AND 75/100 DOLLARS ($29,790.75); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 13 Minutes of the Regular Session – January 13, 2005 ORDINANCE NO. 9983 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ARROW WASTE FOR THE ANNUAL ROLL-OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED FIFTY-SIX THOUSAND SIX HUNDRED FIFTY-FIVE AND NO/100 DOLLARS ($156,655.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ENVIRONMENTAL MACHINES AND SERVICES FOR REBUILD OF THE CENTRAL DISTRICT #2 KLAMPRESS AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY-FOUR THOUSAND FIFTY-EIGHT AND NO/100 DOLLARS ($64,058.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A BUDGET FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE PERIOD COMMENCING ON JULY 1, 2005, AND ENDING ON JUNE 30, 2006; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action regarding the procedure for and the appointment of the full- time Municipal Judge and Associate Judge(s). On behalf of the ad hoc committee, Mayor Mundinger announced that four candidates had been selected for the final interview process: City of Baytown Municipal Court Prosecutor Julie Escalante, Dan Bradley, Michael Mark, and Arlene Polk Council discussed the interview process. It was concluded that Council Members would submit questions for use in the interview process which would take place at a special meeting to be held before the next regular meeting on January 27, 2005. The Council could then make the appointment at that regular meeting. Mayor Mundinger urged Council Members to submit their questions as soon as possible, but no later than January 19, 2005. The ad hoc committee will select the most appropriate questions for use in the interview process. Announcement of Mayor Mundinger’s appointee to the Subsidence District. Mayor Mundinger announced that Fritz Lanham has been reappointed to the Subsidence District for a two-year term. Page 13 of 13 Minutes of the Regular Session – January 13, 2005 Consider confirmation of the City Manager’s appointee to the Civil Service Commission. This item was not ready for consideration. Consider appointment to the Construction Board of Adjustments and Appeals. This item was not ready for consideration. City Manager’s Report. City Manager Jackson reminded Council of the special meeting to be held on January 31, 2005 in the Council Chamber at City Hall. The time of the meeting will be determined at a later date. Mr. Jackson reported that the Cable News Network had interviewed Assistant Fire Chief Bernard Olive the previous weekend. Chief Olive was commended for his leadership in the preparation of the Emergency Preparedness Plan. A short video of the interview was shown. Adjourn. Council Member Renteria moved that the meeting adjourn. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, Sheley, and Ward. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 9:10 p.m. ____________________________________ Gary W. Smith City Clerk