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2006 07 13 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 13, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on July 13, 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 Brandon Capetillo Council Member Sammy Mahan Mayor Pro Tem Scott Sheley Council Member Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk Mayor Stephen H. DonCarlos, Council Member Don Murray, and Council Member Lynn Caskey, were absent. Mayor Pro Tem Mahan opened the meeting at 6:30 p.m. with a quorum present. Council Member Renteria led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of the minutes for the Regular Meeting held on June 22, 2006. Council Member Capetillo moved to approve the minutes as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Receive Keep Texas Beautiful Awards Presented to the Keep Baytown Beautiful program activities. Mike Lester, Director of the Baytown Public Health Department, announced that several activities in the Keep Baytown Beautiful program have received Keep Texas Beautiful Awards. The City of Baytown Health Department’s Keep Baytown Beautiful program was awarded: Page 2 of 14 Minutes of the Regular Session – July 13, 2006 Keep Texas Beautiful Government Award Category  First Place: City Program Award for the City of Baytown’s Litter Abatement Program  First Place: City Project Award for the City of Baytown’s Community Service Project Keep Texas Beautiful Media Award  Second Place: Newspaper Award for the City of Baytown’s Partnership with The Baytown Sun in the Keep Baytown Beautiful Program Governor’s Community Achievement Award of Excellence  Award of Excellence for receiving a score of 94 in this category Keep Texas Beautiful Star Affiliate Award  Gold Star Affiliate Award for going beyond the minimum annual requirements of the Keep Texas Beautiful Program Mayor Pro Tem Mahan thanked Keep Baytown Beautiful volunteers and partners for making the program a success. Consider Proposed Ordinance No. 060713-1, awarding a construction contract for the Bayland Island Ship Store Renovation Project. City Manager Jackson explained that Proposed Ordinance No. 060713-1, awards a construction contract in the amount of $134,426 to Montgomery Building Services, LLC for the Bayland Island Ship Store Renovation Project. The scope of work consists of encasing the structure in an architectural metal skin and metal roof. All windows and doors will be removed then replaced and caulked to provide a weatherproof structure. The total estimated construction cost for this project, which included a 20 percent contingency was $135,200. Funding for the project is from the settlement proceeds from a lawsuit concerning the construction of the restaurant and the ship store building along with 1992 AMT Bonds (as refunded in 2002) and interest earnings. The construction duration is 180 calendar days. Mayor Pro Tem Mahan then complemented Staff for saving the citizens of Baytown over $100,000 on the Baytown Island Ship Store Renovation Project. Council Member Sheley moved to approve the Resolution as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Page 3 of 14 Minutes of the Regular Session – July 13, 2006 ORDINANCE NO. 10,362 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 MONTGOMERY BUILDING SERVICES, LLC FOR THE BAYLAND ISLAND SHIP STORE RENOVATION PROJECT; AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED THIRTY-FOUR THOUSAND FOUR HUNDRED TWENTY-SIX AND NO/100 DOLLARS ($134,426.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060713-1, accepting the petition requesting annexation submitted by James P. Hutchison on behalf of Garth-Archer, Charles H. Grube, LTD. City Manager Jackson explained that Proposed Resolution No. 060713-1, accepts the petition requesting annexation submitted by James P. Hutchison on behalf of Garth-Archer, Charles H. Grube, LTD. the owner of a 1.5878 acre tract of land situated in the W. C. Railroad Company Survey, Abstract 899 and the W. G. Boswell Survey, Abstract 1562, Harris County, Texas, and being out of and a part of that certain called 126.735 acre Tract One conveyed by Florence Godfrey, et al, to Garth-Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk’s File No. D806833 of the Deed Records of Harris County, Texas. This 1.5878 acres of land is one-half mile or less in width; is contiguous to the city limits of Baytown; is vacant and without residents and will be used for the construction of a tractor supply store. The property is located on the east side of Garth Road north of the pipeline corridor (Occidential Chemical Corporation) between Hunt Road and Archer Road. City Manager Jackson went on to explain that this was the first step in the formal annexation process. Council Member Capetillo moved to approve the Resolution as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. RESOLUTION NO. 1799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF GARTH-ARCHER, CHARLES H. GRUBE, LTD., CONCERNING THE ANNEXATION OF A 1.5878 ACRE TRACT OF LAND SITUATED IN THE W.C. RAILROAD COMPANY SURVEY, ABSTRACT 899 AND Page 4 of 14 Minutes of the Regular Session – July 13, 2006 THE W.G. BOSWELL SURVEY, ABSTRACT 1562, HARRIS COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 126.735 ACRE TRACT ONE CONVEYED BY FLORENCE GODFREY, ET AL, TO GARTH- ARCHER, CHARLES H. GRUBE, LTD., BY DEED DATED FEBRUARY 15, 1973, AND RECORDED UNDER COUNTY CLERK’S FILE NO. D806833 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060713-2, authorizing application to the United States Department of Housing and Urban Development for the 2006-2007 Community Development Block Grant funds: designating an authorized representative; and authorizing a representative to accept or affirm any grant awarded as a result of the application. City Manager Jackson explained that Proposed Resolution No. 060713-2, authorizes application to the United States Department of Housing and Urban Development for the 2006-2007 Community Development Block Grant funds; designating an authorized representative; and authorizing a representative to accept or affirm any grant awarded as a result of the application. The City must submit an annual application and proposed Action Plan to the United States Department of Housing and Urban Development in order to receive the CDBG Entitlement grant. The Community Development Advisory Committee and Staff have reviewed nineteen (19) proposals and separately formulated funding recommendations for the 2006-2007 CDBG Action Plan. City Council makes the final decision concerning the activities and level of funding contained in the CDBG budget, which will be submitted as the 2006-2007 CDBG Action Plan. The amount budgeted and source of funding for the proposed 2006-2007 CDBG budget is shown below: Amount Budgeted & Source of Funding 2006-2007 CDBG Allocation: $ 851,294 Anticipated FY05 Unexpended Funds: 85,391 FY05 Contingency 42,534 Anticipated FY06 Program Income: 47,523 TOTAL $1,026,742 City Manager Jackson then invited Ms. Tiffany Foster with the City of Baytown Planning and Development Services along with three members of the Community Development Advisory Commission (CDAC) to answer Council’s questions. Ms. Foster explained that there is limited flexibility in the budget. She explained that there are limits such as a fifteen (15) percent cap on public services and a twenty (20) percent cap on administrative costs. Council Member Renteria, along with Council Member Sheley, mentioned an interest in reallocating $50,000 in funds from the line item demolition to the line item sidewalk, curb, and alleyway repairs for safety reasons. Page 5 of 14 Minutes of the Regular Session – July 13, 2006 Following Council Member Renteria’s concerns, discussion on the reallocation of funds ensued. Members of the CDAC, along with Ms. Foster, explained that the funds are only for sidewalk repair and not for the addition of new sidewalks. Members of CDAC explained to Council that funds are being cut back each year, and adjustments were made to accommodate these cut backs. Members of CDAC announced that they wished to see the CDBG budget approved as is with no changes being made. Police Chief Byron Jones was then asked to address a question regarding the safety hazards of abandoned buildings, “crack houses,” in the City of Baytown. Chief Jones explained that abandoned buildings are a serious safety problem for the City because they provide a place for the criminal element to hide and congregate. City Manager Jackson then explained that there are several steps necessary to change the CDBG budget, including a thirty (30) day public comment period. He told Council that the budget had to be submitted to the Department of Housing and Urban Development (HUD) no later than August 15, 2006, leaving very little time to adjust the budget properly. Following lengthy discussion concerning the matter, Council Member Capetillo moved to approve the Resolution as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. RESOLUTION NO. 1800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2006-2007 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060713-3, amending the City of Baytown’s Owner- Occupied Housing Rehabilitation Program Guidelines. City Manager Jackson explained that Proposed Resolution No. 060713-3, amends the City of Baytown’s Owner-Occupied Housing Rehabilitation Program Guidelines. The Owner-Occupied Housing Rehabilitation Program provides assistance for rehabilitation, handicap/disabled Page 6 of 14 Minutes of the Regular Session – July 13, 2006 modifications, or reconstruction to comply with current building codes and standards for low- income persons. Due to the effects of last year’s hurricanes, the price of building materials and labor has increased and strained the success of our low-cost building program. The current reconstruction limits of $36,000 for a 890 square foot two-bedroom home and $42,000 for a 1050 square foot three-bedroom home are no longer reasonable or attractive to contractors. After surveying general contractors and comparable cities, new reconstruction limits of $47,000 for a 890 square foot two-bedroom home and $53,600 for a 1050 square foot three-bedroom home are being recommended to continue the same level of service. The limit increase was discussed with the Community Development Advisory Committee and was part of their recommended Action Plan for 2006-07. Council Member Capetillo moved to approve the Resolution as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. RESOLUTION NO.1801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN’S OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060713-4, amending the City of Baytown’s Homebuyers’ Assistance Program Guidelines. City Manager Jackson explained that Proposed Resolution No. 060713-4, amends the City of Baytown’s Homebuyers’ Assistance Program Guidelines. The Homebuyers’ Assistance Program provides up to $4,500 to first-time homebuyers towards the purchase of a home priced up to $105,000 within the city limits. The funds are available as closing costs in the form of a five (5) year forgivable lien. The eligible homebuyer must meet certain qualifications including being low to moderate-income and able to obtain mortgage financing with a lender. Due to changes in the housing market and lending industry, the current guidelines need to be updated. Council Member Capetillo moved to approve the Resolution as presented. Council Member Sheley seconded the motion. The vote follows: Page 7 of 14 Minutes of the Regular Session – July 13, 2006 Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. RESOLUTION NO. 1802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE CITY OF BAYTOWN’S HOMEBUYERS’ ASSISTANCE PROGRAM GUIDELINES; PROVIDING FOR A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 060713-5, amending the City of Baytown’s Senior/Disabled Citizen Transportation Program Guidelines. City Manager Jackson explained that Proposed Resolution No. 060713-5, amends the City of Baytown’s Senior/Disabled Citizen Transportation Program Guidelines. The Senior/Disabled Citizen Transportation Program (the “Program”) provides low-income senior and disabled citizens with non-emergency transportation services within the city limits of Baytown and also to and from Houston for medical appointments. The Program uses CDBG funds to purchase Ride Coupons from Harris County and distributes them to the participants for free and/or reduced cost transportation services. Currently, all program participants receive an equal amount of 36 Ride Coupons for a six-month period to use at their leisure. Some participants utilize their Ride Coupons and need more while some are not used at all. However, under the Program guidelines, there is no mechanism to distribute more Ride Coupons to those who need them regardless of the available Ride Coupons that are not being used by another participant. The proposed Program amendment would allow the Ride Coupons to be distributed directly to the Harris County- contracted service providers for the existing Program participants. For those participants who need more transportation service than others, they will have the opportunity to use more Ride Coupons and for those who do not, there will be no Ride Coupons wasted. The program revision was discussed with the Community Development Advisory Committee and was part of their recommended Action Plan for 2006-07. Following limited discussion with Ms. Foster regarding the issuance of ride coupons and the necessity of the transportation program, Council Member Sheley moved to approve the Resolution as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Page 8 of 14 Minutes of the Regular Session – July 13, 2006 RESOLUTION NO. 1803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING GUIDELINES FOR THE SENIOR/DISABLED CITIZEN TRANSPORTATION PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and provide direction to staff regarding a proposed franchise agreement with CenterPoint Energy Houston Electric, LLC, for the use of the public rights-of-way to conduct an electric delivery business in the City and for other business purposes and the terms of the proposed settlement agreement pertaining to CenterPoint’s cost of servicing rate filing pending as PUC Docket 32093 and related filings. City Manager Jackson explained that on May 11, 2006, the City Council of the City of Baytown passed Resolution No. 1792 authorizing the City of Baytown to join the Coalition of Cities in the CenterPoint Houston Electric, LLP’s (“CenterPoint”) cost of servicing rate filing pending as PUC Docket 32093 and related filings. Such docket and filings relate to the petition filed by Public Utility Commission of Texas (the “Commission”) to inquire into the reasonableness of the rates being charged by CenterPoint. Based upon an initial review of the rate package filed by CenterPoint, it was determined that CenterPoint may be “overearning”; and CenterPoint could be required to reduce its transmission and distribution rates. Because CenterPoint is a transmission and distribution company, not a retail electric provider, one of the issues that has arisen is the relationship between any reduction in the transmission and distribution rates and the rates charged to the end-users. Due to deregulation, retail electric providers, such as Reliant or Direct Energy, not end-use customers, pay the transmission and distribution rates. Therefore, any reduction of CenterPoint’s rates would not necessarily be passed on to the end users. City Manager Jackson went on to explain that during the Council’s Work Session CenterPoint’s area manager was present to ask questions about the new franchise agreement. City Manager Jackson also explained that Mr. Alton Hall, attorney for the Coalition of Cities and the City of Houston was present during the Work Session to explain the status of the case. The proposed settlement that Mr. Hall is representing is an effort to ensure that the over-earnings are used where they are most needed, i.e., energy efficiency, public use, hurricane reserves, etc. One of the elements of the proposed settlement includes entering into a new franchise with each member of the Coalition of Cities. City Manager Jackson then mentioned that there will be a Coalition of th Cities meeting on July 14 and the City of Baytown will be sending a representative. City Manager Jackson then explained that there are specific charter requirements concerning franchise agreements including:  An ordinance granting, amending, renewing, or extending franchises for public utilities shall be read at three separate regular meetings of the council; and  Ordinance shall not be finally passed until 30 days after the first reading; and  Ordinance shall not take effect until 60 days after its final passage. Page 9 of 14 Minutes of the Regular Session – July 13, 2006  Pending final effective date, the full text of such ordinance shall be published once each week for 4 consecutive weeks in the official newspaper, and the expense of publication shall be borne by the proponent of the franchise. With limited discussion on this topic, Council directed Staff to continue to work on achieving a franchise agreement with CenterPoint. Consider Proposed Resolution No. 060713-6, opposing implementation of charges by the Harris County Medical Examiner’s Office. City Manager Jackson explained that Proposed Resolution No. 060713-6 opposes the implementation of charges by the Harris County Medical Examiner’s Office. The City of Baytown anticipates that these charges could mean an additional $100,000 in expenses to the City of Baytown. Council Member Capetillo moved to approve the Resolution as presented. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. RESOLUTION NO. 1804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OPPOSING THE IMPLEMENTATION OF CHARGES FOR SERVICES RENDERED BY THE HARRIS COUNTY MEDICAL EXAMINER’S OFFICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consent Agenda a) Consider Proposed Ordinance No. 060713-2, awarding the annual concrete work contract to Teamwork Construction Services, Inc., in the amount of $208,400. b) Consider Proposed Ordinance No. 060713-3, placing the property within the extraterritorial 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 in Council District 3. This property is located near the intersection of Decker and I-10. c) Consider Proposed Resolution No. 060713-7, authorizing the City Manager to accept Sub-Recipient Awards Grants funded by the 2005 United States Page 10 of 14 Minutes of the Regular Session – July 13, 2006 Department of Homeland Security Grant from the Division of Emergency Management Office of the Governor of the State of Texas in the amount of $200,000 for the purchase of law enforcement equipment by the City of Baytown and Chambers County. d) Consider Proposed Resolution No. 060713-8, adopting the Harris County All Hazard Mitigation Plan. 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, Capetillo and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. ORDINANCE NO. 10,363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF TEAMWORK CONSTRUCTION SERVICES, INC., FOR THE ANNUAL CONCRETE WORK CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWO HUNDRED EIGHT THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($208,400.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 16.1545 ACRES OF LAND IN THE NATHANIEL LYNCH SURVEY, A-44, HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. RESOLUTION NO. 1805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT SUB-RECIPIENT AWARDS GRANTS FUNDED BY THE 2005 UNITED STATES DEPARTMENT OF HOMELAND SECURITY GRANT FROM THE DIVISION OF EMERGENCY MANAGEMENT OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS IN THE AMOUNT OF TWO HUNDRED THOUSAND AND NO/100 DOLLARS Page 11 of 14 Minutes of the Regular Session – July 13, 2006 ($200,000.00); FOR THE PURCHASE OF LAW ENFORCEMENT EQUIPMENT BY THE CITY OF BAYTOWN AND CHAMBERS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE HARRIS COUNTY ALL HAZARD MITIGATION PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Appointments to the Beautification Advisory Commission (2). This item was not ready for consideration. Consider Appointment to the Tow Truck Committee (1). City Manager Jackson explained that the tow truck committee is composed of five (5) citizens who are not in the tow truck business that are appointed by City Council. The Committee meets quarterly to hear grievances pertaining to procedures of the city’s wrecker service. Appointments are made in April and are for two year terms. Currently there is one appointment to be made to this Committee as a result of the receipt of Mr. C. F. Burrell’s resignation on April 10, 2006. The vacancy being filled will be for the term that expires in April 2007. Council Member Capetillo announced his nomination of Mr. Gary Cochran to the Committee. Council Member Capetillo moved to approve the nomination of Mr. Gary Cochran to fill the vacancy for the term that will expire in April 2007. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Consider Appointments to the Baytown Crime Control and Prevention District. City Manager Jackson explained that the Baytown Crime Control and Prevention District is composed of seven (7) citizens appointed by City Council committed to crime control and prevention in the City of Baytown. The Members serve staggered two-year terms with the initial members drawing lots to stagger their terms. Three directors will serve terms expiring September 1, 2007, and four directors will serve terms expiring September 1, 2008. Vacancies will be filled for the unexpired term of office in the same manner that the original appointment was made. Page 12 of 14 Minutes of the Regular Session – July 13, 2006 City Manager Jackson went on to explain that it is important that these vacancies be filled as soon as possible so that the Board can conduct budgetary proceedings. The Board must hold a public hearing on the budget no later than July 17 to August 1, 2006. On June 22, 2006 the following nominations were made and individuals were approved as Directors of the Baytown Crime Control and Prevention District:  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 Upon completing the history of events on this topic, Mr. Jackson noted that he had received Council Member Caskey’s nomination of Rikki Wheeler via phone message and delivers this information to Council for consideration. Council Member Sheley placed his nomination of Carl Brandon before the Council. With no further discussion, Council Member Sheley moved to approve the nominations of Rikki Wheeler and Carl Brandon as Director of the Baytown Crime Control and Prevention District. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Consider appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District Board. City Manager Jackson explained that the Baytown Fire Control, Prevention, and Emergency Medical Services District is composed of seven (7) citizens appointed by City Council committed to fire control, prevention, and emergency medical services in the City of Baytown. The Members serve staggered two-year terms with the initial members drawing lots to stagger their terms. Three directors will serve terms expiring September 1, 2007, and four directors will serve terms expiring September 1, 2008. Vacancies will be filled for the unexpired term of office in the same manner that the original appointment was made. On June 22, 2006 the following nominations were made and individuals were approved as Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services District:  Council Member Sheley nominated Council Member Mercedes Renteria, III  Council Member Renteria nominated John Adkins Page 13 of 14 Minutes of the Regular Session – July 13, 2006  Council Member Murray nominated Terry Sain  Council Member Mahan nominated Bob Hoskins Upon completing the history of events on this topic, Mr. Jackson noted that he had received Council Member Caskey’s nomination of Earl Wurzbach via phone and a letter from Mayor DonCarlos stating his nomination of Brenda Bradley Smith. Mr. Jackson delivers this information to Council for consideration. Council Member Capetillo placed his nomination of Frank McKay, III before the Council and Mayor Pro Tem announced that Mr. Bob Hoskins declined his nomination and he announced his nomination of Maurice Watts. With no further discussion, Council Member Sheley moved to approve the nominations of Earl Wurzbach, Brenda Bradley Smith, Frank McKay, III, and Maurice Watts as Director of the Baytown Fire Control, Prevention, and Emergency Medical Services District. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. Announcement of the Mayor’s appointments to the Finance Committee. City Manager Jackson explained that Mayor DonCarlos has appointed himself and Council Member Mahan to the Finance Committee to replace former Mayor Mundinger and former Council Member Anderson. Council Member Sheley currently serves on the Finance Committee and will continue to do so. Council Member Sheley moved to approve the nominations as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. City Manager’s Report City Manager Jackson informed Council of the Engineering Department’s progress on developing a list of Mill and Overlay streets. He explained that this will be an item on the agenda for the next Council meeting. City Manager Jackson also explained that the allocation of funds for distribution amongst districts has not yet been finalized. Page 14 of 14 Minutes of the Regular Session – July 13, 2006 Mayor Pro Tem Mahan announced the Mayor and Council Meeting that will be hosted by the th City of Deer Park on July 20. Council Member Sheley announced the annual TML Region 14 Meeting which will be held at Moody Gardens, and invited City Management personnel to attend. City Attorney Ramirez then clarified (in response to some questions that arose during the meeting) that chairpersons and mayors are allowed to second a motion, but that no mayor has ever seconded a motion in Baytown’s history. Adjourn. Council Member Sheley moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Renteria, Capetillo, and Sheley Mayor Pro Tem Mahan Nays: None The motion carried. With no additional business the meeting adjourned at 7:50 p.m. _________________________ Lorri Coody, City Clerk