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2006 08 24 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 24, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on August 24, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Lynn A. Caskey, II Council Member Sammy Mahan Council Member Don Murray Council Member Scott Sheley Council Member Mercedes Renteria, III. Council Member Stephen H. DonCarlos Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present. Mayor DonCarlos recognized students from the local schools. Consider approval of the minutes for the Work Sessions held on August 3, 2006 and the Regular Council Session held on August 10, 2006. Council Member Mahan moved to approve the minutes. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Citizens Communications: Ms. Candace Pitkin of Baytown has requested to address Council concerning safety issues with Tompkins Drive being used as a through street from Raccoon Drive to Hwy. 146. Ms. Pitkin did not appear but had contacted staff. She will reschedule her appointment with Council if needed. Page 2 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Citizens Communications: Ms. Ethel J. Hawkins of Houston has requested to address Council regarding funding to establish a Parent High School. Ms. Ethel Hawkins did not appear due to scheduling conflicts. She will reset her appointment with Council on a future agenda. Mayor DonCarlos called item 5 on the agenda as follows: Citizens Communications: Ms. Mechele Busby of Baytown has requested to address Council concerning Lakewood Estates traffic problem at the intersection of Boxwood and Crabapple Drive. Ms. Busby explained that there is a need for either a 4 way or 2 way stop sign in her neighborhood at the intersection of Boxwood and Crabapple. She said there have been several close calls with through traffic speeding in the neighborhood and the safety of the children. She believes adding stop signs will slow the traffic and provide the safety needed for the children. Council asked staff to review this problem and report the findings. With no further discussion, Mayor DonCarlos moved to item 9 on the agenda. Consider Proposed Ordinance No. 060824-3, the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as 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. City Manager Jackson explained that the proposed ordinance is for the first reading of the Ordinance annexing the property which is located on the east side of Garth Road, north of the pipeline corridor (Occidental Chemical Corporation) between Hunt Road and Archer Road. The intended use is to construct a Tractor Supply Store. Council Member Sheley moved to approve the Ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 3 of 14 Minutes of the Regular Session Meeting—August 24, 2006 ORDINANCE NO. 10,390 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 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS Mayor DonCarlos then called item 12 on the agenda. Consider Proposed Resolution No. 060824-1, accepting the petition requesting annexation of 3.20 acres submitted by Baytown Partners, LLC on behalf of Barry A. Schnakenburg, and William P. Schnakenburg owners of a 4.86 acre tract or parcel of land situated in Block 140, of Elena Fruit and Cotton Farms, Unit “D”, according to the map or plat thereof recorded in Volume 7, at Page 48, of the Map Records of Harris County, Texas, said 4.86 acre tract being all of that same called 4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in Harris County Clerks File No. P060937 and corrected in Harris County Clerks File No. P165312. City Manager Jackson explained that the proposed resolution accepts the petition requesting annexation of a portion of this 4.86 acre tract of land which 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 30,000 square foot Dollar Tree Retail Center. The property is located on the west side of Garth Road north of Lynchburg-Cedar Bayou Road across the street from Conn’s. Council Member Capetillo moved to approve the Resolution as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 4 of 14 Minutes of the Regular Session Meeting—August 24, 2006 RESOLUTION NO. 1810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BAYTOWN PARTNERS, LLC CONCERNING THE ANNEXATION OF THAT PORTION OF A 4.86 ACRE TRACT OR PARCEL OF LAND SITUATED IN BLOCK 140 OF ELENA FRUIT AND COTTON FARMS, UNIT “D,” LYING OUTSIDE THE CITY LIMITS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, AT PAGE 48, OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS, SAID 4.86 ACRE TRACT BEING ALL OF THAT SAME CALLED 4.8532 ACRE TRACT AS DESCRIBED IN DEED TO EXXON BAYTOWN CREDIT UNION AND RECORDED IN HARRIS COUNTY CLERK’S FILE NO. P060937 AND CORRECTED IN HARRIS COUNTY CLERK’S FILE NO P165312; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos called item 13 on the agenda. Consent Agenda a. Consider Proposed Ordinance No. 060824-6 granting a ten-foot pipeline easement to Oiltanking Houston, L.P., in the Baytown Nature Center, and approving a new pipeline and permit for Oiltanking Houston, L.P. b. Consider Proposed Ordinance No. 060824-7, awarding the bid for the annual hot-mix asphalt contract. c. Consider Proposed Ordinance No. 060824-8, awarding the bid for the annual concrete raising contract. d. Consider Proposed Ordinance No. 060824-9, awarding the bid for the annual tire and tube contract. e. Consider Proposed Ordinance No. 060824-10, awarding the bid for the annual portable toilet rental services contract. f. Consider Proposed Ordinance No. 060824-11, authorizing the City Manager to execute a Mutual Aid Agreement with Chambers County to make suitable arrangements for furnishing mutual aid in coping with disasters and/or civil emergencies. Council Member Sheley moved to approve items a through f as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Page 5 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Nays: None The motion carried. ORDINANCE NO. 10,391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING AN EASEMENT TO OILTANKING HOUSTON, L.P., IN THE BAYTOWN NATURE CENTER; APPROVING THE APPLICATION OF OILTANKING HOUSTON, L.P., FOR A NEW PIPELINE TO BE CONSTRUCTED WITHIN THE CITY OF BAYTOWN; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE A PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CENTURY ASPHALT, LTD., FOR THE ANNUAL HOT-MIX ASPHALT CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF NINETY-EIGHT THOUSAND AND NO/100 DOLLARS ($98,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SUPERIOR GROUTING SERVICES, INC., FOR THE ANNUAL CONCRETE RAISING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY THOUSAND AND NO/100 DOLLARS ($70,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF ORDINANCE NO. 10,394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF JMB TIRE AND APPLIANCE COMPANY AND FULLERS TIRE COMPANY, INC., FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF EIGHTY- SEVEN THOUSAND FIVE HUNDRED FIVE AND 04/100 DOLLARS ($87,505.04); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 14 Minutes of the Regular Session Meeting—August 24, 2006 ORDINANCE NO. 10,395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AMERICAN SANITATION SERVICES, INC., D/B/A AM-CAN FOR THE ANNUAL PORTABLE TOILET RENTAL SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY-THREE THOUSAND ONE HUNDRED TWENTY- TWO AND NO/100 DOLLARS ($33,122.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERJURISDICTIONAL MUTUAL AID AGREEMENT WITH CHAMBERS COUNTY, TEXAS, FOR THE PROVISION OF MUTUAL AID DURING DISASTERS AND/OR CIVIL EMERGENCIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos returned to the initial order of the agenda and called item 4 as follows: Conduct the Public Hearing on the Proposed 2006-07 Fiscal Year Budget (6:40 p.m.). Mayor DonCarlos opened the Public Hearing at 6:40 p.m. He explained that the Texas Local Government Code, Section 102.006 requires City Council to hold a public hearing on the proposed budget and the purpose of this hearing was to permit taxpayers to attend the meeting and participate in the public hearing. City Manager Jackson explained the proposed budget along with the technical adjustments totaling 92,911,745. Mark Medrano, 12 E. Homan, Baytown, Texas (281-932-0270) addressed Council during the public meeting. He told Council that during the budget process the Firefighter’s Union and City staff worked together on salary programs and the process was beneficial and improved relations between the City and the Union. Council expressed their thanks to Mr. Medrano and the Union and gave support for continuation of this process. Mayor DonCarlos closed the public meeting at 6:45 p.m. and moved to item 6 on the agenda. Conduct the Public Hearing on the proposed initiative ordinance repealing Chapter 42 “Health and Sanitation,” Article III “Smoking;” adopting a new Chapter 42 “Health and Sanitation.” Article III “Smoking” which prohibits smoking within the City of Baytown in all enclosed public places and places of employment (and within 15 feet of their entrances), and which prohibits smoking in the seating areas of all outdoor arenas, stadiums, and amphitheaters; containing a savings clause; repealing inconsistent ordinances; establishing a penalty; and providing for the publication and effective date thereof. Page 7 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Mayor DonCarlos opened the public meeting at 6:45 p.m. Mayor DonCarlos explained that the Charter of the City of Baytown requires City Council to hold a public hearing, giving all interested parties the right to appear and be heard regarding the proposed initiative ordinance, which prohibits smoking within the City of Baytown in all enclosed public places and places of employment and within 15 feet of their entrances and which prohibits smoking in the seating areas of all outdoor arenas, stadiums and amphitheaters. City Manager Jackson summarized that on August 10, 2006 the City Clerk certified the initiative petition as sufficient, meeting the requirements of the City Charter and the Election Code and the proposed ordinance was read. With several citizens signing up to speak at the meeting, Mayor DonCarlos called those wishing to speak in the following order: Gay Mitchum, P.O. Box 4321 Baytown, Texas (281-427-7710) – Ms. Mitchum owns a bar in the city and she wants her patrons to be able to smoke in her bar. She opposes the proposed ordinance. Mechelle Busby, 106 Lilac Lane, Baytown, Texas (832-392-1602) – Ms. Busby gave background on her family history, to point out that her family left Poland to escape a police state. She feels the proposed initiative is the start of a police state and opposes the ordinance. She is in favor of keeping free choice. Bill Callahan, P.O. Box 187, Baytown, Texas (713-594-4949) – Mr. Callahan has served our country. He believes it is our right to choose and that the proposed ordinance gives away the right to choose. He pointed out problems in the ordinance with enforcement; however, his main point was that people have rights and we must respect these rights because this is what he and so many others have fought to protect. S. Jeffrey Ackerman, 12918 Tri City Branch Road, Baytown, Texas (281-420-8765) – Dr. Ackerman represented the Smoke Free Coalition and stated the ordinance insures the rights for all to breath clean air. He cited that many cities, states and even countries are passing similar laws and there have been no negative impacts as have been presented to the Council this evening. He also cited the Surgeon General’s report on second hand smoke and the dangers associated with same and distributed documents to support his statements. Richard Evers, 4021 Garth Road, Baytown, Texas (281-837-2400) – Dr. Evers gave a talk about the health concerns of second hand smoke. He presented statistics on second hand smoke and evidence concerning how smoke can cause cancer and heart disease. His point was that smoke free policies are proven to save lives. Manuel Escontrias, 513 Pin Oak, Baytown, Texas (281-838-1592) – Mr. Escontrias served as a st Council Member in 1999 and gave a history of how the 1 smoking ordinance came about. He said that even then, it was a difficult decision and only passed on a 4 to 3 vote. Baytown was a model city for its ordinance but it is now time for change. He reviewed two points listed in the recent Surgeon General’s Report and he mentioned that there has been no business to his knowledge that has lost revenue due to the passage of the last smoking ordinance. He Page 8 of 14 Minutes of the Regular Session Meeting—August 24, 2006 recommended that Council pass the proposed ordinance. Lois Manier, 5112 Ashwood, Baytown, Texas (281-424-1431) – Ms. Manier supports the Smoke Free Coalition and helped get signatures for the petition. She explained that she learned on her journey that the ordinance is about safety and smokers should not be permitted to smoke in areas where their smoke puts others at risk. David McCartney, 102 Oak Shadows, Baytown, Texas (832-876-8363) – Mr. McCartney explained that freedom is important and there is no compromise. He gave statistics on how people die from other problems in the world. He believes that the focus on smoking bans is just a move to take away our rights. Jack Adcox, 4105 Lonely Pine, Baytown, Texas (281-837-6940) – Mr. Adcox chose not to address council as his point had already been made. Greg Singletary, no address recorded, - Mr. Singletary chose not to address council as his point had already been made. Larry Munn, 2900 West Baker, Baytown, Texas (no phone number) – Mr. Munn gave a talk about government controls. He does not support the proposed initiative ordinance. He believes that in a free country we should have a right to rule our own bodies. Dianne Ray, 3608 Gail, Baytown, Texas (281-427-6288) – Ms. Ray talked about smoker’s rights and she believes that there needs to be a common ground. With no other citizens wishing to speak at the public meeting, Mayor DonCarlos closed the meeting at 7:28 p.m. and moved to item 7 on the agenda. Consider Proposed Ordinance No. 060824-1, of the City of Baytown repealing Chapter 42 “Health and Sanitation,” Article III “Smoking;” adopting a new Chapter 42 “Health and Sanitation.” Article III “Smoking” which prohibits smoking within the City of Baytown in all enclosed public places and places of employment (and within 15 feet of their entrances), and which prohibits smoking in the seating areas of all outdoor arenas, stadiums, and amphitheaters; containing a savings clause; repealing inconsistent ordinances; establishing a penalty; and providing for the publication and effective date thereof. City Manager Jackson explained the various options before Council concerning the passing of this proposed ordinance. He explained if Council fails to pass the proposed ordinance or passes it in a different form it shall be submitted to the electors in accordance with our Charter. However, Mr. Jackson pointed out that if the proposed ordinance is ultimately passed by the voters, the City Council may amend or repeal the same as in the case of other ordinances. Council engaged in limited discussion about the various options. With no further discussions being had Council Member Murray moved to approve Ordinance 060824-1 as submitted. No member seconded the motion. The motion died for lack of a second. Page 9 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Mayor DonCarlos called the next item on the agenda as follows: Consider Proposed Ordinance No. 060824-2, calling a November 7, 2006 special election in accordance with Article X, Section 104 of the Charter of the City of Baytown submitting to the electors a proposed initiative ordinance which repeals the current smoking ordinance and seeks to prohibit smoking within the City of Baytown in all enclosed public places and places of employment and within 15 feet of their entrances and which prohibits smoking in the seating areas of all outdoor arenas, stadiums and amphitheaters. City Manager Jackson explained that since no action was taken on the proposed initiative ordinance in the prior agenda item, Article X, Section 104 of the Charter of the City of Baytown requires submitting to the electors the proposed initiative ordinance. Mr. Jackson stated that pursuant to State law, the last day to call a November election is August 29, 2006, making this Council Meeting the last meeting before the deadline for action to place this initiative on the November ballot. Council Member Murray moved to approve the proposed ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO.10,397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TH ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7 DAY OF NOVEMBER, 2006, FOR THE PURPOSES OF SUBMITTING THE PROPOSED INITIATIVE ORDINANCE, WHICH PROHIBITS SMOKING WITHIN THE CITY OF BAYTOWN IN ALL ENCLOSED PUBLIC PLACES AND PLACES OF EMPLOYMENT AND WITHIN FIFTEEN FEET OF THEIR ENTRANCES AND WHICH PROHIBITS SMOKING IN THE SEATING AREAS OF ALL OUTDOOR ARENAS, STADIUMS AND AMPHITHEATERS, TO THE ELECTORS OF THE CITY OF BAYTOWN, TEXAS; DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL COUNTING STATION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 10 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Mayor DonCarlos then called item 10 on the agenda. Consider Proposed Ordinance No. 060824-4, first reading on the 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. City Manager Jackson explained that there are specific Charter requirements concerning franchise agreements one of which required that the Ordinance be read three times. He also reminded council that on July 13, 2006, during Council Work Session, CenterPoint’s area manager answered questions about the franchise agreement and stated that some changes might be possible. Jackson explained the talks that staff had with Centerpoint and the changes that were made which are as follows:  Vertical banners over light poles – There is a banner agreement that will accommodate Councils desires  Installation of poles for street banners – This is not included in the agreement but Richard Orem will install poles and string the appropriate wire; however, it will be the City’s responsibility to maintain the poles.  Light poles other than silver – This is not covered but there will be a schedule for the cost of these poles provided. Discussion was had concerning the responsibility to keep trees trimmed from lighted poles. The proposed ordinance was read aloud. Council Member Mahan moved to approve the ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC THE RIGHT, PRIVILEGE AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY AND TO USE, LICENSE, OR EXPLOIT THE COMPANY’S FACILITIES WITHIN THE PUBLIC RIGHTS- OF-WAY TO CONDUCT AN ELECTRIC DELIVERY BUSINESS IN THE CITY AND FOR SUCH OTHER BUSINESS PURPOSES AS THE COMPANY MAY DESIRE FROM TIME TO TIME, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE GRANTING OF ACCESS TO THOSE FACILITIES FOR THE DELIVERY OF BROADBAND OVER POWER Page 11 of 14 Minutes of the Regular Session Meeting—August 24, 2006 LINES OR SIMILAR SERVICE WITHIN THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 060824-5, awarding the annual contract for purchase of chemicals used in mosquito control. City Manager Jackson explained that the contract for purchasing mosquito control chemicals required the drawing of lots on three items in accordance with § 271.901 which outlines the procedure for awarding a contract if a municipality receives identical bids. He announced that Item # 8 has two lots and Items #9 and #10 have three lots as follows:  Item #8 - Adapco, Inc. and B & G Chemicals & Equipment Company, Inc.  Item #9 - Adapco, Inc. and B & G Chemicals & Equipment Company, Inc., and Univar USA  Item #10 - Adapco, Inc. and B & G Chemicals & Equipment Company, Inc., and Univar USA Mayor DonCarlos drew the lots accordingly with the following results:  Item #8 - Adapco, Inc.  Item #9 - Adapco, Inc.  Item #10 - Adapco, Inc. Council Member Sheley moved to approve the ordinance with the selections as drawn for items 8, 9 and 10. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,399 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING BIDS FOR THE ANNUAL MOSQUITO CONTROL CONTRACT FROM B & G CHEMICALS AND EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3 AND 7; FROM PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY FOR ITEM NOS. 1, 2, 4 AND 5; FROM ADAPCO, INC., FOR ITEM NO. 8; FROM ADAPCO, INC., FOR ITEM NO. 9; AND FROM ADAPCO, INC., FOR ITEM NO. 10; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND NO/100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos called item 14 on the agenda. Page 12 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Consider re-appointments to the Parks and Recreation Board (2). The Parks and Recreation Board is a seven member board appointed by the Mayor with approval of City Council. It is composed of residents from the City of Baytown appointed to serve three year terms of office. The board meets on the third Thursday of each month to perform the functions duly delegated to it from time to time by the Council and by the City Manager. Mr. Billy Barnett was re-appointed during the meeting of August 10, 2006. A decision was made at the August 10, 2006 City Council meeting to place the re-appointment of Ms. Carmen Torres and Mr. Tony Fama on the August 24, 2006 City council agenda to give Council Members time to meet with Ms. Torres and Mr. Fama. Council Member Sheley moved to re-appoint Ms. Carmen Torres and Mr. Tony Fama to serve another three year term. Board Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Consider appointment to the Beautification Advisory Commission (1). The Beautification Advisory Commission is a fifteen-member commission of city residents. Three members are appointed by the Mayor and each Council Member appoints two members. The City Council approves all appointees. The commission members may come from civic organizations, educational institutions, businesses, non-profit charitable organizations, governmental institutions, or the public at large. The terms of the commission members shall be staggered with terms not to exceed two years. A commission member may succeed him/herself. Sonya Hinojosa representing District 1 has tendered her resignation from this Committee; an appointment must be made to complete the remainder of her term which will expire on September 30, 2006. During the meeting of August 10, 2006 Mayor DonCarlos appointed Jackie Harris to fill a vacancy on the board. At the expiration of the term, the appointee will be eligible for reappointment. Council Member Renteria moved to appoint Lawrence Wallace to fill the unexpired term which will expire on September 30, 2006. Board Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 13 of 14 Minutes of the Regular Session Meeting—August 24, 2006 At which time it was reported that Board Member Larry Hayes no longer wishes to serve on this committee. Additionally, Council Member Capetillo announced that he had a Board Member that may want to tender his resignation. These vacancies will be considered at a future council meeting. Consider appointment to the Construction Board of Adjustments and Appeals (1). This item was not ready for consideration. Receive the announcement of the Mayor’s appointments to the City Council Ad-Hoc Committee concerning the Longneck Wildlife Festival. Mayor DonCarlos announced his appointments to this ad-hoc committee as follows:  Council Member Brandon Capetillo – Chairman  Council Member Lynn Caskey  Council Member Scott Sheley The Mayor asked that these Council Members meet with the Longneck Wildlife Festival Committee and report their findings. Consider confirmation of the Mayor’s appointment of the resident member to the Baytown Housing Authority Board (1). Mayor DonCarlos announced his appointment of Ms. Ester Hernandez as the resident member of the Baytown Housing Authority Board. Council Member Sheley moved to confirm the Mayor’s appointment. Board Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None Consider confirmation of the Mayor’s appointment of the resident member to the Baytown Housing Finance Corporation Board (1). Mayor DonCarlos announced his appointment of Ms. Ester Hernandez as the resident member of the Baytown Housing Finance Corporation Board. Page 14 of 14 Minutes of the Regular Session Meeting—August 24, 2006 Council Member Sheley moved to confirm the Mayor’s appointment. Board Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None City Manager’s Report. th Scott Johnson invited Council to the Grito Fest which will take place on September 16 from 12 Noon to 8:30 PM at NC Foote Park. He also announced the Ribbon Cutting for the Grand th Opening of the Goose Creek Steam Trail on September 16 from 10:00 AM to 12 Noon. City Manager Jackson recognized Police Chief Byron Jones on a job well done for his Department’s work in capturing the rock murder. Adjourn. Council Member Murray moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:32 p.m. ______________________________ Lorri Coody, City Clerk