2006 06 22 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 22, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on June 22, 2006, at 6:30 p.m. in
the Council Chamber of the City of Baytown with the following in attendance:
Mercedes Renteria, III Council Member
Lynn A Caskey, II Council Member
Brandon Capetillo Council Member
Don Murray Council Member
Sammy Mahan Mayor Pro Tem
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Gary M. Jackson City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Deputy City Manager Bob Leiper was absent.
The meeting was opened with a quorum present. Council Member Caskey led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of the minutes for the Work Session Meeting held on June 8, 2006, the
Regular Session Meeting held on June 8, 2006 and the Special Session Meeting held on
June 12, 2006.
Council Member Sheley moved for approval of the minutes as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Conduct a public hearing regarding the application of Adulfo Amador to amend the
Official Zoning map of the City of Baytown to rezone property legally described as Tract
8C & 15 out of J. W. Singleton Survey, A-709, Baytown, Harris County, Texas from
Neighborhood Conservation (NC) to Mixed Use (MU).
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Minutes of the Regular Session – June 22, 2006
Mayor Don Carlos opened the public hearing at 6:32 P.M., asking City Manager Jackson to give
some additional detail on this property. City Manager Jackson introduced Gregory Stubbs,
Director of Planning and Development Services, who explained that the application originally
filed was to amend the Official Zoning map and reclassify 1415 Massey-Tompkins, more fully
described as Tract 8C & 15 out of the J. W. Singleton Survey, A-709, Baytown, Harris County,
Texas, from Neighborhood Conservation (NC) to Mixed Use (MU). Mr. Amador had requested
that some 450 feet of land along Massey Tompkins be reclassified as MU property. Mr. Stubbs
explained that the applicant is proposing to place an office building on the front part of the tract.
The back portion currently contains an automobile paint and body shop. The paint and body shop
is not permitted and is in the existing NC zoning district; however, it existed prior to zoning and
is considered a grandfathered property. As a grandfathered property no other structure may be
placed on the property under the current zoning classification; making reclassification necessary
for any future additions to the said property.
Mr. Stubbs informed the Council that the Planning & Zoning Commission (P&Z) met on May
17, 2006, regarding the applicant’s request, and after considering the application, staff report,
relevant support materials, and the public testimony given at their public hearing, the P&Z issued
a final report recommending that a smaller portion of the Tract be reclassified -- that being
approximately 160 feet on the southern portion of the Tract as it lines up with the rear property
line of the adjacent commercial development to the west. The P&Z’s recommendation varies
from the request of the applicant, who desired the reclassification of the southern 450 feet of the
Tract.
In accordance with the P&Z’s findings, Staff recommends approval of a portion of the
applicant’s request, namely the reclassification of approximately 160 feet of the southern portion
of the Tract as it lines up with the rear property line of the adjacent commercial development to
the west.
After hearing from Mr. Stubbs, Mayor DonCarlos called from the following citizens who had
signed up to speak and the Public Hearing:
Patricia Garcia:
Ms. Garcia expressed her concerns to Council. She lives in the neighborhood on 3802 Chaparral
Dr. She wanted to be certain that in the future there will be no abandoned cars parked on the
backside of the property as her property is located up against the backside of Mr. Amador’s
property. Ms. Garcia is not opposed to the addition of an office building on the front side of the
property.
Randy Strong:
Before speaking, Mayor DonCarlos mentioned that Mr. Strong had signed up to speak in the
Public Hearing which is item number 2 and for the Ordinance amending the zoning map which is
item number 3. The Mayor suggested that Mr. Strong address both issues at this time since the
items are related. Mr. Strong agreed and proceeded to address the Council as follows:
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Minutes of the Regular Session – June 22, 2006
Mr. Strong explained that he was speaking on behalf of Mr. Adulfo Amador. He explained that
Mr. Amador’s original request was to reclassify 450 feet out of the 813 feet of land that he
currently owns. He explained that Mr. Amador’s land is oddly shaped, and when it was zoned
years ago, the residential classification was brought all the way out to Massey Tompkins because
at the time a small house existed on the property. However, the house has since been removed,
and Mr. Amador would like to add an office building. While he would like to have the larger
450 feet of the property reclassified, he is content with Staffs’ recommendation to approve a
portion of his request; namely the reclassification of approximately 160 feet of the southern
portion of the Tract as it lines up with the rear property line of the adjacent commercial
development to the west. In closing, Mr. Strong advised Council that Mr. Amador does not store
junk vehicles on the property.
Mayor DonCarlos asked Mr. Strong about the plans Mr. Amador has for the property that is not
being reclassified. Mr. Strong explained that the back portion currently contains an automobile
paint and body shop. The paint and body shop is not permitted and is in the existing NC zoning
district; however, it existed prior to zoning and is considered a grandfathered property. As a
grandfathered property no other structure may be placed on the property under the current zoning
classification. The said property will continue to have a NC classification.
With no further citizens signing up to speak, the public hearing ended at 6:43 p.m.
Consider Proposed Ordinance No. 060622-1, amending the official zoning map of the City
of Baytown to change the zoning district classification from Neighborhood Conservation
(NC) to Mixed Use (MU) concerning property legally described as Tract 8C & 15 out of J.
W. Singleton Survey, A-709, Baytown, Harris County.
Mayor DonCarlos called the item and Council engaged in discussion concerning parked cars on
the back section of the property. There was limited discussion concerning this topic since it was
agreed that this section of the property was currently grandfathered and was not being changed.
The only change being requested involved the front 160 feet as recommended by Staff and the
P&Z.
Council Member Murray moved to approve the Ordinance as presented. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session – June 22, 2006
ORDINANCE NO. 10,350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN CONCERNING PROPERTY DESCRIBED AS TRACTS 8C AND
15 OUT OF THE J.W. SINGLETON SURVEY, A-709, BAYTOWN, HARRIS
COUNTY, TEXAS TO RECLASSIFY A PORTION OF SUCH PROPERTY
FROM A NEIGHBORHOOD CONSERVATION DISTRICT TO A MIXED
USE DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060622-2, the first reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown and
being described as Tract 2 (4F) being that portion of land out of the J.W. Singleton Survey
and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and
Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in
Vol. 3306 at page 300 in the deed records of Harris County, Texas. The property is a City
of Baytown park (Barkaloo Park), which currently lies outside the city limits of Baytown.
City Manager Jackson explained that Proposed Ordinance 060622-2, is the first reading of the
Ordinance annexing property currently within the extra-territorial jurisdiction of the City of
Baytown and being described as Tract 2 (4F) being that portion of land out of the J.W. Singleton
Survey and recorded in Vol. 3294 at page 225 in the deed records of Harris County, Texas and
Tract 3 (4E) being that portion of land out of the J.W. Singleton Survey and recorded in Vol.
3306 at page 300 in the deed records of Harris County, Texas. The property is a City of
Baytown park (Barkaloo Park), which currently lies outside the city limits of Baytown. City
Council conducted the first and second public hearings for this annexation on the 13th day of
April, 2006 with said notice being published in the April 3, 2006 issue of the Baytown Sun and
posted on the City of Baytown’s website on March 31, 2006. City Manager Jackson
recommended approval of said Ordinance.
Council Member Murray moved to approve the Ordinance as presented. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session – June 22, 2006
ORDINANCE NO. 10,351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF TRACT 2 (4F), BEING
THAT PORTION OF LAND OUT OF THE J.W. SINGLETON SURVEY AND
RECORDED IN VOL. 3294 AT PAGE 225 IN THE DEED RECORDS OF HARRIS
COUNTY, TEXAS, AND TRACT 3 (4E), BEING THAT PORTION OF LAND OUT
OF THE J.W. SINGLETON SURVEY AND RECORDED IN VOL. 3306 AT PAGE
300 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, WHICH SAID
TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY
LIMITS FOR THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Before calling the next item on the agenda, Mayor DonCarlos announced that he would not
participate in the calling of item 5 and in the calling of item 11. He explained that his law firm
represents the owner of the property in both of these items, and while he does not have a conflict
of interest as defined by law, he is electing to abstain from the discussion and vote on these two
items. In the abstention of Mayor DonCarlos, Mayor Pro Tem Mahan called this item and 11
(out of order) as follows:
Consider Proposed Ordinance No. 060622-3, the second reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown and
being described as 16.1545 acres of land in Nathaniel Lynch Survey A-44 described in
Harris County Clerk’s File No. F270656 and File No. G387613. This property is located
near the intersection of Decker and I-10.
City Manger Jackson explained that Proposed Ordinance No. 060622-3, is the second and final
reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of
the City of Baytown and being described as 16.1545 acres of land in Nathaniel Lynch Survey A-
44 described in Harris County Clerk’s File No. F270656 and File No. G387613. This property is
located near the intersection of Decker and I-10. City Council conducted the first and second
public hearings for this annexation on the 25th day of May, 2006 with said notice being
published in the May 15, 2006 issue of the Baytown Sun and posted on the City of Baytown’s
website on May 12, 2006.
Council Member Capetillo moved to approve the Ordinance as presented. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Murray, and Sheley
Mayor Pro Tem Mahan
Nays: None
Abstain: Mayor DonCarlos
The motion carried.
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Minutes of the Regular Session – June 22, 2006
ORDINANCE NO. 10,323
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION
OF 16.1545 ACRES OF LAND IN THE NATHANIEL LYNCH SURVEY, A-
44, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
Mayor Pro Tem Mahan called item 11 (out of order) as follows:
Mayor DonCarlos did not participate in this agenda item. He abstained from the vote and
discussion.
Consider Proposed Resolution No. 060622-1, authorizing the execution of the General
Certificates of Local Governmental Unit and the Highest Elected Official’s approval of the
Southeast Texas Housing Finance Corporation’s (SETH) issuance of Multifamily Housing
Revenue Bonds (Piedmont Apartments) and the plan of financing the bonds.
City Manger Jackson explained that Proposed Resolution No. 060622-1, authorizes and directs
the Mayor to execute General Certificates of Local Governmental Unit and the Certificate of
Highest Elected Official’s approval of the Southeast Texas Housing Finance Corporation’s
(SETH) issuance of Multifamily Housing Revenue Bonds (Piedmont Apartments) as the plan of
financing. Mr. Jackson introduced Mr. Williams with the SETH program to give a presentation.
Mr. Williams explained to Council that SETH proposes to issue up to $15,000,000 in bonds in
one or more series to provide funds to loan to HFI Piedmont Apartments, L.P., for the payment
of costs related to the construction of a 250-unit housing community located in Baytown, Texas.
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
Articles of Incorporation (and amendments thereto), the City’s appointment of Daniel Sandoval
to SETH’s Board of Directors, and the fact there is no known litigation pending or threatened
contesting the powers or authority of SETH. Additionally, SETH has asked for the approval of
the issuance of bonds and the plan of financing the bonds.
Mr. Jackson explained the publishing requirements that SETH had to meet in order to have the
bonds approved and that SETH had met those requirements. Mr. Williams confirmed these that
SETH had met the required publishing requirements.
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Minutes of the Regular Session – June 22, 2006
With limited discussion on this topic, Council Member Murray moved to approve the Resolution
as presented. Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Murray, and Sheley
Mayor Pro Tem Mahan
Nays: None
Abstain: Mayor DonCarlos
The motion carried.
RESOLUTION NO. 1796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS; AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
GENERAL CERTIFICATES OF LOCAL GOVERNMENTAL UNIT AND THE
CERTIFICATE OF HIGHEST ELECTED OFFICIAL’S APPROVAL OF THE
SOUTHEAST TEXAS HOUSING FINANCE CORPORATION’S (SETH)
ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (PIEDMONT
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.
Upon concluding the vote, Mayor DonCarlos returned to the original order of the agenda
and called item 6 as follows:
Consider the following items in regard to Taft Circle:
a) Consider Proposed Ordinance No. 060622-4, consenting to the assignment of
the Agreement for Repairs with A&K Investments 1, Inc., to Bobby Rood
and Sandra L. Rood; and consenting to the assignment of the Agreement for
Repairs with Woodbridge Properties, LLC, to Bobby Rood and Sandra L.
Rood.
b) Consider Proposed Ordinance No. 060622-5, authorizing an amendment to
the Contracts for Repairs concerning 2300 Taft Circle to allow for a one-time
extension of time to repair and to revise the dates for demolishing those
buildings which will not be repaired.
Mayor DonCarlos asked City Manager Jackson to provide a summary of the events concerning
these two items. Accordingly, City Manager Jackson gave the following summary:
Bobby Rood and Sandra L. Rood (the “Roods”) purchased the property the subject of the
Contract from A&K Investments 1, Inc. (A&K), and Woodbridge Properties, LLC
Page 8 of 24
Minutes of the Regular Session – June 22, 2006
(“Woodbridge”) on or about May 1, 2006. A&K and Woodbridge assigned all of their
respective interests and obligations in the Contract to the Roods on May 31, 2006. Under the
contract, the owners were required to repair and replace the roof structures to all buildings
located on the property which the Roods purchased within 90 days after a building permit was
issued for the repairs. The building permit was issued on March 7, 2006; therefore, the repairs
had to be completed on or before June 5, 2006. Neither the Roods nor A&K and Woodbridge
completed the replacement of the roofs as required by the Contract within the requisite time
period. As such, the City notified the Roods, A&K and Woodbridge of their default under the
Contract by letter dated June 7, 2006. In the letter, the City stated that in accordance with the
Contract, the owners had 15 days from receipt or deemed receipt of the notice to remedy and
cure their failure to complete the roof replacement. The City has the right to proceed with
demolition of the buildings located on the property if the Roods fail to make the roof repairs on
or before June 22, 2006. However, at the last council meeting on June 8, 2006, the Roods
appeared and requested an extension of time in which to comply with the Contract. Mr. Rood
stated that he intended to replace the roofing only on Buildings 7, 8, 9, and 10 and intended to
demolish the remainder of the buildings and structures. On June 8, the City Council requested
that Mr. Rood provide the following information to the City Council as a condition precedent for
Council’s consideration of the extension:
1. A letter from his mortgage company which evidences that the Roods have sufficient loan
capacity in order to complete the repairs as required;
2. A detailed timeline for the repairs;
3. A completed asbestos survey of all of the buildings; and
4. Information explaining the logistics of how and when the Roods intend to refinance those
notes held by A&K and Woodbridge.
The Rood’s have responded to the City’s request for information; however, it appears that the
information submitted is incomplete and inconsistent with the statements made by Mr. Rood at
the June 8 Council Meeting.
Mr. Jackson’s understanding of the Rood’s present status in meeting the conditions outlined by
Council on June 8 follows:
1. There has been no official commitment from a mortgage company of a sufficient loan but
the Roods have made an application and are waiting for a decision to be made;
2. The asbestos review is underway and the initial report is that the removal of the asbestos
will be cost prohibitive; and
3. The cost of asbestos removal has made the demolition of buildings 6-10 cost prohibitive.
City Manager Jackson explained the two items before Council as follows:
Proposed Ordinance No. 060622-4, consents to the assignment of the Agreement for Repairs
with A&K Investments 1, Inc. (“A&K”), to Bobby Rood and Sandra L. Rood (the “Roods”); and
consents to the assignment of the Agreement for Repairs with Woodbridge Properties, LLC
(“Woodbridge”), to the Roods. The City entered into agreements with both Woodbridge and
Page 9 of 24
Minutes of the Regular Session – June 22, 2006
A&K for the repair of the structures located at 2300 Taft Circle Apartments. A&K along with
Woodbridge sold the property subject to the Agreements to the Roods. The Roods have
acknowledged the Demolition Order and the Agreements for Repairs and have agreed to abide
by the terms thereof. This proposed ordinance consents to the assignment to the Roods, whereby
the Roods assume all rights and obligations of the Agreements.
Mr. Jackson also explained that Proposed Ordinance No. 060622-5, authorizes an amendment to
the Contracts for Repairs (collectively the “Contract”) concerning 2300 Taft Circle to allow for a
one-time extension and to revise the dates for demolishing those buildings which will not be
repaired.
Mayor DonCarlos called for Mr. Bobby Rood to address Council as he had signed up to speak on
this item.
Mr. Rood:
Mr. Rood opened with his report to Council concerning the following items:
1. The Asbestos Report – Mr. Rood explained that after the last Council meeting, he still
needed to gather and submit 10 samples in order to get his final report. It was after he
has submitted these 10 samples that he learned from the preliminary findings that the
removal of the asbestos was going to be cost prohibitive so demolition is now not an
option, meaning the buildings will need to be remodeled starting with the roofs;
2. The Loan – Mr. Rood explained that an application has been made and his lender is
currently waiting on an appraisal to see if the Roods have capacity for the loan;
3. The Timeline – Mr. Rood explained that he has met with his contractor and their crews.
They can have all of the buildings re-roofed in 30 days at a cost of $150,000 to complete.
Once the asbestos report is received and the building permit is issued, work can begin.
Mr. Rood plans to work on the outside of the buildings to improve landscaping and
appearance by November 2006, and on the inside of the buildings to install air
conditioning and electric.
City Manager Jackson asked if the indication from the Asbestos Company was reliable. Mr.
Rood said, yes that the cost was between $1.5M to $2M to remove the asbestos and this did not
include the actual demolition of these 6 buildings.
City Attorney Ramirez explained that an extension had been drafted that would permit a 30 day
extension to re-roof the buildings and then the agreements would revert back to the time frames
stated in the original agreements. It also states it is the final extension to be granted. This
extension has already been reviewed with Mr. Rood, who is in agreement with the draft.
Council engaged in lengthy conversation on this matter, noting that the four items promised on
June 8 were not handled as promised. There was also concern about the condition and structural
stability of buildings 4, 5, and 8, and possibly a few others. There were many questions
regarding Mr. Rood’s plans and how he intended to remodel buildings in such ill repair;
Page 10 of 24
Minutes of the Regular Session – June 22, 2006
buildings which are in fact falling down. Council questioned his ability to make sufficient
reparations. Mr. Rood fielded all questions, and stated that while the project will take more
money than anticipated, it is doable. Mr. Rood was willing and able to set forth the effort, and
reminded Council that he had already invested a large sum of money into this project and was
not willing to give up on his investment.
With no further discussion being had, the following motions were considered by Council.
Council Member Murray moved to approve Ordinance 060622-4 as presented. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Murray, Mahan and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CONSENTING TO THE ASSIGNMENT OF THE AGREEMENT FOR
REPAIRS WITH A&K INVESTMENTS 1, INC., TO BOBBY ROOD AND
SANDRA L. ROOD; CONSENTING TO THE ASSIGNMENT OF THE
AGREEMENT FOR REPAIRS WITH WOODBRIDGE PROPERTIES, LLC,
TO BOBBY ROOD AND SANDRA L. ROOD; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
A motion was made by Council Member Sheley to modify the presented Ordinance 060622-5 to
allow Mr. Rood a 30 day extension with an attached stipulation that he sign the amended
agreement explained by City Attorney Ramirez earlier in this meeting and that in addition there
to, he take immediate action to secure the exteriors of buildings 4, 5, and 8 to address the
concerns of the citizens residing in the areas surrounding the apartment complex. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Murray, Mahan and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 11 of 24
Minutes of the Regular Session – June 22, 2006
ORDINANCE NO. 10,353
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN AMENDMENT TO THE CONTRACTS
FOR REPAIRS CONCERNING 2300 TAFT CIRCLE TO ALLOW FOR A
ONE-TIME EXTENSION AND TO REVISE THE DATES FOR
DEMOLISHING THOSE BUILDINGS WHICH WILL NOT BE REPAIRED;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060622-6, authorizing an Industrial District Agreement
with Vantage Development #40, Inc.
City Manager Jackson explained that Proposed Ordinance No. 060622-6, authorizes an Industrial
District Agreement with Vantage Development #40, Inc., for a seven-year period. The first
payment pursuant to this agreement will be for the tax year 2006. The base year value is
$167,830. The agreement is in conformity with the policies adopted by the City Council for
companies, which did not have an industrial district agreement in effect on July 26, 2003, in the
City’s industrial districts. This is a new warehouse complex to be built in Cedar Crossing.
Council Member Sheley moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,354
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH VANTAGE
DEVELOPMENT #40, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 060622-7, consenting to the Assignment and Acceptance
of the Utility Functions and Services Allocation Agreement and the related letter
agreement from Moody Simmons Baytown, LTD., and Moody Simmons Baytown II, LTD.,
to Harris County Municipal Utility District No. 459 and Elan Development, L.P.
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Minutes of the Regular Session – June 22, 2006
City Manager Jackson explained that Proposed Ordinance No. 060622-7, consents to the
Assignment and Acceptance of the Utility Functions and Services Allocation Agreement (the
“Allocation Agreement”) and the related letter agreement from Moody Simmons Baytown,
LTD., and Moody Simmons Baytown II, LTD. (collectively referred to as the “Developer”) to
Harris County Municipal Utility District No. 459 (the “District”). In the proposed assignment,
the Developer assigns all of its rights and obligations in the Allocation Agreement entered into
by the City Council of the City of Baytown on March 30, 2005, to the District, except for the
financing obligations contained within the Allocation Agreement and the letter agreement dated
September 1, 2004. The assignment to the District was not only contemplated but required under
the Allocation Agreement, for the Developer was required to assign the agreement to the District
within two years from the agreement’s effective date after the creation of the District.
Additionally, the proposed assignment sets August 21, 2006, as the date when the Developer
must be completed with the Regional Improvements. This is important in order for the City to
remain on schedule for the construction of its Northeast Wastewater Treatment Plant and the
associated off-site improvements.
Mr. Jackson called Council’s attention to the updated Ordinance which outlines that Moody
Simmons has elected not to assign the developer obligations to Elan Development. These
obligations will be retained by Moody Simmons.
Council Member Murray moved to approve the Ordinance without the assignment of the
developer obligations to Elan Development. Council Member Renteria seconded the motion. The
vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CONSENTING TO THE ASSIGNMENT AND ACCEPTANCE OF
THE UTILITY FUNCTIONS AND SERVICES ALLOCATION AGREEMENT
FROM MOODY SIMMONS BAYTOWN, LTD., AND MOODY SIMMONS
BAYTOWN II, LTD., TO HARRIS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 459; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Session – June 22, 2006
Consider Proposed Ordinance No. 060622-8, approving final payment to T&C
Construction, LTD, and accepting the Goose Creek Lift Station Rehabilitation Project.
City Manager Jackson explained that Proposed Ordinance No. 060622-8, approves final payment
of $33,066.61 to T&C Construction, LTD (T&C) and accepts the Goose Creek Lift Station
Rehabilitation Project. The original contract was awarded to T&C for $690,200 and the contract
duration was 180 calendar days. A total of 30 calendar days were added to the contract for an
amended contract duration of 210 calendar days. The additional 30 days were the result of
delays experienced with the Poly-Triplex liner system on the lift station wet well and manhole.
Change Order No. 1, approved administratively, deleted the Poly-Triplex liner system for the wet
well and manhole, and replaced it with the AquataPoxy liner system. The change order also
included modifications to the stairs and handrails. Change Order No. 1 resulted in a cost savings
of $28,867.78, which reduced the contract amount to $661,332.22. The contractor’s
workmanship was satisfactory.
Council Member Renteria moved to approve the Ordinance as presented. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,356
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE GOOSE CREEK LIFT STATION REHABILITATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-THREE
THOUSAND SIXTY-SIX AND 61/100 DOLLARS ($33,066.61) TO T&C
CONSTRUCTION, LTD; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 060622-9, awarding a construction contract to CSA
Construction, Inc. for the new Northeast Wastewater Treatment Plant.
City Manager Jackson explained that Proposed Ordinance 060622-9, awards a construction
contract to CSA Construction, Inc. in the amount of $17,500,000 for the new Northeast
Wastewater Treatment Plant. The design engineer’s construction cost estimate was $17,200,000.
The scope of work includes construction of a 4.0 MGD sewer plant that can be expanded to a
maximum of 16.0 MGD to accommodate future growth within the new service area for the plant.
Sixty percent of this project, which equals $10,500,000, is being funded through the MDD. 2006
TWDB and 2006 C.O. Bonds will fund this project and the construction duration is 730 calendar
days.
Page 14 of 24
Minutes of the Regular Session – June 22, 2006
Council Member Sheley moved to approve the Ordinance as presented. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,357
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 CSA CONSTRUCTION, INC.,
FOR THE NORTHEAST WASTEWATER TREATMENT PLANT PROJECT;
AUTHORIZING PAYMENT OF THE SUM OF SEVENTEEN MILLION FIVE
HUNDRED THOUSAND AND NO/100 DOLLARS ($17,500,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 060622-2, rescinding Resolution No. 1777 and replacing
it with the present resolution authorizing the City Manager of the City of Baytown to make
application for continued funding of the Victims of Crime Act Grant for the 2006-2007
period.
City Manger Jackson explained that Proposed Resolution No. 060622-2, rescinds Resolution No.
1777 which authorized the City Manager to make application for continued funding of the
Victims of Crime Act Grant as the Criminal Justice Division, State of Texas, has amended the
guidelines and rules for the calculation of the cash match and in-kind funding allowed with these
grant funds; authorizes the City Manager to make a new application and acceptance of a grant for
the continued funding of the Victims of Crime Act Grant to the State of Texas, Office of the
Governor, Criminal Justice Division for the 2006-2007 period; authorizing a cash match in an
amount not to exceed Ten Thousand Five Hundred Fifty-three and No/100 Dollars ($10,553.00)
and an in-kind match not to exceed One Thousand Nine Hundred Fourteen and No/100 Dollars
($1,914.00); designating an authorized representative; assuring proper use and maintenance of
grant funds; and providing for the effective date thereof.
Council Member Mahan moved to approve the Resolution as presented. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 15 of 24
Minutes of the Regular Session – June 22, 2006
RESOLUTION NO. 1797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RESCINDING RESOLUTION 1777 WHICH AUTHORIZED THE
CITY MANAGER TO MAKE APPLICATION FOR CONTINUED FUNDING
OF THE VICTIMS OF CRIME ACT GRANT AS THE CRIMINAL JUSTICE
DIVISION HAS AMENDED THE GUIDELINES AND RULES FOR THE
CALCULATION OF THE CASH MATCH AND IN-KIND FUNDING
ALLOWED WITH THESE GRANT FUNDS; AND AUTHORIZES THE CITY
MANAGER OF THE CITY OF BAYTOWN TO MAKE A NEW
APPLICATION AND ACCEPTANCE OF A GRANT FOR THE CONTINUED
FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF
TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
FOR THE 2006-2007 PERIOD; AUTHORIZING A CASH MATCH IN AN
AMOUNT NOT TO EXCEED TEN THOUSAND FIVE HUNDRED FIFTY-
THREE AND NO/100 DOLLARS ($10,553.00) AND AN IN-KIND MATCH
NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN AND
NO/100 DOLLARS ($1,914.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution No. 060622-3, supporting the federal efforts to establish a
Buffalo Bayou National Heritage Area.
City Manger Jackson explained that Proposed Resolution No. 060622-3, supports the federal
efforts to establish a Buffalo Bayou National Heritage Area. Representative Gene Green has
requested the City’s support for federal efforts to establish a Buffalo Bayou National Heritage
Area. The Heritage Area Program provides federal recognition to areas of the country that have
contributed to the historic and economic development of our nation. In 2002, Congress passed
legislation sponsored by Gene Green authorizing the National Parks Service to study the
suitability and feasibility of establishing a Buffalo Bayou National Heritage Area. To be
considered suitable as a National Heritage Area, the study area must be deemed historically,
naturally and culturally significant on a national level.
With limited discussion on this item, Council Member Capetillo moved to approve the
Resolution as presented. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 16 of 24
Minutes of the Regular Session – June 22, 2006
RESOLUTION NO. 1798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, EXPRESSING THE CITY OF BAYTOWN’S SUPPORT FOR
FEDERAL EFFORTS TO ESTABLISH THE BUFFALO BAYOU HERITAGE
AREA: ENERGY CAPITAL OF THE WORLD; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider approving plans and specifications and authorizing advertisement to take bids for
the Country Club View Lift Station Rehabilitation Project.
City Manager Jackson explained that the scope of work includes the removal and replacement of
the suction piping, pumps, and equipment in the wet well in addition to replacement of the
controls, and access hatch for the existing wet well. In addition, the firm pumping capacity of
the lift station will be increased and approximately 550 linear feet of a four-inch force main will
be installed to divert the flow south to Rollingbrook Drive.
Mr. Jackson explained that the total estimated construction cost for this project is $95,000, 2004
Certificates of Obligation Bonds will fund the project and the construction duration is 90
calendar days.
Council Member Murray moved to approve the plans, specifications, and advertisements for bids
on the Project. Council Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider approving plans and specifications and authorizing advertisement to take bids for
the Woodlawn Lift Station Rehabilitation Project.
City Manager Jackson explained that the scope of work includes but is not limited to the removal
and replacement of the suction and discharge piping, fittings, valves, pumps, motors, and
equipment in the wet well as well as replacement of the controls, and rehabilitation of the wet
well concrete walls and ceiling. In addition, diversion pumping will also take place.
He explained that the total estimated construction cost for the project is $600,000, 2004 and 2006
Certificates of Obligation Bonds will fund the project and the construction duration is 180
calendar days.
Page 17 of 24
Minutes of the Regular Session – June 22, 2006
Council Member Mahan moved to approve the plans, specifications, and advertisements for bids
on the Project. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Receive annual report of the Baytown Beautification Advisory Commission.
Mr. Richard Moody, Chairman of the Baytown Beautification Advisory Commission, thanked
Council for its support and submitted the Committee’s annual report which outlines the actions
completed in-progress and pending by the Commission since its creation 10 months ago, August
25, 2005.
Council Member Sheley commented that Mr. Moody has done an excellent job as the
Commission’s Chairman. Council Member Murray expressed concerns regarding the need for
the Commission to support a more pro-active anti-litter campaign. Mike Lester, Director of
Health and Emergency Medical Services addressed Council Member Murray’s concerns.
With no other discussion, Mayor DonCarlos moved to the next item on the agenda.
Receive a report and provide direction to staff concerning the annexation of property used
as a vehicle storage facility by J.E.W. Inc.
Council Member Mahan withdrew his participation in the meeting upon the calling of this item.
He filed a conflict of interest affidavit and abstained from the vote and discussion. He stepped
away from the meeting.
City Manager Jackson explained the history of this item as follows:
On April 27, 2006 the City Council considered granting a variance to J.E.W. Inc. from the
requirements of Sections 102-167(a) and 102-196(b)(6) of the Code of Ordinances, requiring tow
truck operators performing non-consent tows to maintain a vehicle storage facility inside the City
limits. At that meeting, the City Council’s direction to staff was to grant a 120-day variance
from the ordinance beginning April 28, 2006 to J.E.W. Inc. and to Jimeez’s Towing and
Recovery and to assist J.E.W. Inc. with annexation of the subject property that is used as a
vehicle storage facility. The persons submitting the annexation petition, Teresa and Joe Rice
(who own the Wrecker business, J.E.W. Inc.), are not the legal owners of the subject property.
The owner of the property is Margaret F. Smith, Trustee of the Bennie F. Smith and Margaret F.
Smith Living Trust. Ms. Margaret F. Smith, Trustee is selling the property to Mr. and Ms. Rice,
but the title to the property does not transfer until the final payment has been made which should
occur on or about March 15, 2022. Under Texas law, the owner of the property must petition for
Page 18 of 24
Minutes of the Regular Session – June 22, 2006
the property to be annexed under the voluntary annexation process. Therefore, staff contacted
Ms. Margaret F. Smith, Trustee, via letter; however, Ms. Smith has not petitioned for annexation
of the subject property and has verified that she does not want to be annexed. Another problem
is that the subject property is not contiguous to the city limits since there is a railroad track
between the subject property and the city limits. Resolution 1664 passed by the City Council on
July 22, 2004 requires that if a street or road is required to be annexed, the petitioner is required
to provide a legal description of such road or street—the cost of which shall be borne by the
petitioner. While railroad tracks are not specifically mentioned in Resolution 1664, staff
believes that the intent of the resolution—to make the petitioner pay for a survey of property
between the City limits and the desired annexation—would also apply in this case, and no survey
has been received by staff for the railroad property.
On June 8, 2006, Council considered the following options:
a) Direct staff to begin involuntary annexation procedures to annex the property, which
would encompass Ms. Smith’s property, the railroad property and possibly three other
privately owned properties because the involuntary annexation process requires the City
to annex at least 1,000 feet from the City limits thereby including up to five properties; or
b) Amend Ordinance No. 10,257 requiring vehicle storage facilities be located within the
city limits by “grandfathering” those towing companies that on February 9, 2006 (the
date when the ordinance was adopted by Council) were on the rotation list for non-
consent tows. This option would allow J.E.W. Inc., Jimeez Towing & Recovery and a
third company on North Main (Joey’s Always Towing) to continue on the rotation list
even though their properties are located outside the City limits; or
c) Amend the Tow Truck Ordinance No. 10,257 by rescinding the requirement for non-
consent tows to be taken to a vehicle storage facility inside the city limits; or
d) Take no further action, permitting the 120-day period to expire and the Tow Truck
Ordinance will apply to J.E.W. Inc. upon the expiration of 120-days, such date being
August 25, 2006.
Following careful consideration of all four options, Council requested property value
information. Accordingly, Staff contacted Harris County Appraisal District for the property
values for the two properties in question: the property located at 4422 Crosby Cedar Bayou
Road (J.E.W.’s Inc. and Jimeez Towing & Recovery) owned by Ms. Smith and the property
located at 5552 North Main (Joey’s Always Towing) owned by Kenneth and Sharon Hammers.
Ms. Smith’s property was valued at $119,228 and would have generated $878.75 in City
property taxes in 2005 and the Hammers’ property was valued at $260,000 and would have
generated $1,916.28 in City property taxes in 2005. It is important to note that the owner of
Joey’s Always Towing leases only a portion of the Hammers’ property for its tow truck
operation.
Staff is researching the personal property tax information for J.E.W.’s Inc., Jimeez Towing &
Recovery, and Joey’s Always Towing in order to obtain the City tax amounts on these assessed
values. Building fees, sales taxes on vehicles stored and storm water fees are examples of
additional fees paid by tow truck operators who operate tow truck companies within the City
limits of Baytown.
Page 19 of 24
Minutes of the Regular Session – June 22, 2006
After hearing the new information regarding the property taxes and the fees assessed to tow truck
operators who maintain their businesses inside the city limits, Council engaged in discussion
concerning the issues at hand. It was the general consensus that there was an advantage to those
operators who operated outside the city limits yet were permitted to remain on the City’s rotation
list.
With no further discussion Council Member Murray moved to take no further action, permitting
the 120-day period to expire and the Tow Truck Ordinance will apply to J.E.W. Inc. upon the
expiration of 120-days, such date being August 25, 2006. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Murray and Sheley
Mayor DonCarlos
Nays: None
Abstain: Council Members Mahan and Renteria
The motion carried.
Council Member Mahan rejoined the Council Meeting.
Consent Agenda
a) Consider Proposed Ordinance No. 060622-10, awarding the second renewal of the
annual liquid chlorine contract to Altivia in the amount of $91,630.
b) Consider Proposed Ordinance No. 060622-11, awarding the second renewal of the
annual electrical motor control center contract to Baytown Electric Company in the
amount of $50,000.
c) Consider Proposed Ordinance No. 060622-12, awarding the first renewal of the
annual medical supplies contract to Bound Tree Medical, LLC, in the amount of
$26,625.37.
d) Consider Proposed Ordinance No.060622-13, authorizing the issuance of Baytown
Area Water Authority Water Supply contract Revenue Bonds, Series 2006 for
system improvements; accepts the terms and conditions of such resolution; and
provides for continuing disclosure with respect to such bonds.
Page 20 of 24
Minutes of the Regular Session – June 22, 2006
Council Member Sheley moved to approve items a through d as presented. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,358
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT OF ALTIVIA CORPORATION FOR
THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY-ONE
THOUSAND SIX HUNDRED THIRTY AND NO/100 DOLLARS ($91,630.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,359
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT OF BAYTOWN ELECTRIC
COMPANY FOR THE ANNUAL ELECTRICAL MOTOR CONTROL
CENTER CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FIFTY THOUSAND AND NO/100 DOLLARS
($50,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE CONTRACT OF BOUND TREE MEDICAL, LLC
FOR THE ANNUAL MEDICAL SUPPLIES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
TWENTY-SIX THOUSAND SIX HUNDRED TWENTY-FIVE AND 37/100
DOLLARS ($26,625.37); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 21 of 24
Minutes of the Regular Session – June 22, 2006
ORDINANCE NO. 10,361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 9989, PASSED ON JANUARY 27,
2005; APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF
BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT
REVENUE BONDS, SERIES 2006 (CITY OF BAYTOWN PROJECT);
ACCEPTING THE TERMS AND CONDITIONS OF SUCH RESOLUTION;
PROVIDING FOR CONTINUING DISCLOSURE WITH RESPECT TO SUCH
BONDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Appointments to the Baytown Industrial Development Corporation Board. (2)
Council Member Sheley moved to reappoint Council Members Renteria and Murray to the
Baytown Industrial Development Board. Council Member Capetillo seconded the motion. The
vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Appointment to the Baytown Municipal Development District (1).
Council Member Capetillo announced that his nomination for this board is ready. Council
Member Sheley announced that he too had someone in mind for the nomination and asked if he
could have more time.
Council Member Sheley motioned to table this item until the next Council Meeting. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Council Member Renteria left the meeting.
Page 22 of 24
Minutes of the Regular Session – June 22, 2006
Consider Appointment of the Local Health Authority (1)
Council Member Caskey moved to appointment of Dr. James Bernick as the Local Health
Authority. Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
Council Member Renteria did not vote on this item as he was away from the meeting.
The motion carried.
Council Member Renteria rejoined the meeting.
Consider Appointments to the Baytown Housing Authority Board (3) and the Baytown
Housing Finance Corporation Board (3).
Mayor DonCarlos announced his appointments to the Baytown Housing Authority Board and the
Baytown Housing Finance Corporation Board. Mayor DonCarlos selected Mark Tiller, Fred
Aguilar, and Fran Parent to join the Board. The Mayor explained that he chose to appoint Mr.
Tiller because he is a certified CPA who has agreed to volunteer his expertise on the OIG Audit.
Mayor DonCarlos told the Council that Mrs. Parent would be an asset to the Board because she
is the area director for the American Red Cross and is well versed in housing matters. The Mayor
then told the Council that Mr. Aguilar was selected as an appointee because he is retired and
willing to serve on the Board. The term for this Board will begin July 1, 2006.
Council expressed appreciation for the outgoing members: Hector Meza, Wayne Hanson, and
Sandra Miks.
Council Member Capetillo moved to approve the Mayor’s appointments. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Appointments to the Beautification Advisory Commission (2).
This item was not ready for consideration.
Page 23 of 24
Minutes of the Regular Session – June 22, 2006
Consider Appointments to the Baytown Crime Control and Prevention District Board.
After limited discussion the following nominations to the Baytown Crime Control and
Prevention District Board were made:
Mayor DonCarlos nominated Coleman Godwin
Council Member Renteria nominated Council Member Scott Sheley
Council Member Capetillo nominated Bob Goolsby
Council Member Murray nominated Thomas P. McLaughlin
Council Member Mahan nominated Gary Cochran
Council Member Murray moved to approve the nominations as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Appointments to the Baytown Fire Control, Prevention, and Emergency Medical
Services District Board.
After a brief discussion the following nominations to the Baytown Fire Control, Prevention, and
Emergency Medical Services District Board were made:
Council Member Sheley nominated Council Member Mercedes Renteria III
Council Member Renteria nominated John Adkins
Council Member Murray nominated Terry Sain
Council Member Mahan nominated Bob Hoskins
Council Member Caskey moved to approve the nominations as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 24 of 24
Minutes of the Regular Session – June 22, 2006
City Manager’s Report
Improvement of CRS Rating.
th
4 of July activities.
Kevin Byal, Chief Building Official for the City of Baytown, explained the significance and
rewards of Baytown’s CRS Rating improvement. Byal noted that only 4 other communities in
Texas received a rating improvement.
Council Member Sheley mentioned the Flags over Texas Avenue event which will take place for
th
the 4 of July, and will involve the placement of 80 to 100 flags along Texas Avenue.
rdth
A reminder went out regarding the Independence Day festivities on July 3 and 4 at
Bicentennial Park.
Adjourn.
Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Renteria, Caskey, Capetillo, Mahan, Murray and Sheley
Mayor Don Carlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 8:45 p.m.
_________________________
Lorri Coody, City Clerk