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2006 10 12 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 12, 2006 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on October 12, 2006, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Scott Sheley Council Member Mercedes Renteria, III. Council Member Lynn Caskey Council Member Don Murray 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. Consider approval of the minutes for the Work Session held on September 28, 2006 and the Regular Session Meeting held on September 28, 2006. Council Member Sheley moved to approve the minutes. Council Member Capetillo seconded the motion. Due to absence from the Work Session and Regular Session Meeting held on September 28, 2006, Council Members Caskey and Murray abstained from the vote. The vote follows: Ayes: Council Members Capetillo, Renteria, Mahan and Sheley Mayor DonCarlos Nays: None Abstained: Council Members Caskey and Murray The motion carried. Recognize Rene Valdez on being selected by the Houston Dynamo as the recipient of the Houston Dynamo's Outstanding Hispanic Heritage Community Leader Award. Ms. Judy Debose, representative of the Houston Dynamo recognized Rene Valdez for being the recipient of the Houston Dynamo's Outstanding Hispanic Heritage Community Leader Award. She stated they had received 200 applicants and the statement that stood out on Mr. Valdez's application was "If nothing else matters I have mattered in the life of a child." Mr. Valdez made a few comments and thanked Council for the recognition. Page 2 of 20 Minutes of the Regular Session Meeting—October 12,2006 Presentation by the Parks & Recreation Department of the Texas Amateur Athletic Federation Local Athlete of the Year to Thomas Bates. Mr. Mike Flinn from the Parks & Recreation Department gave background information on Thomas Bates. He explained that the Texas Amateur Athletic Federation (TAAF) is a nonprofit organization established in 1925 to promote, organize and conduct amateur athletics in the state of Texas. As a part of Baytown's affiliation with TAAF, the city is given the privilege of awarding its own Athlete of the Year. All 4,000 of the athletes who participated in the Parks & Recreation programs were considered and Mr. Bates was the one that was identified as most representative of the top athletes and supporters of the Parks & Recreation Department's athletic programs. Mayor DonCarlos presented the Texas Amateur Athletic Federation Local Athlete of the Year Award to Thomas Bates. Conduct a public hearing at 6:40 P.M. on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 2.48 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Mayor DonCarlos opened the public hearing at 6:42 p.m. City Manager Jackson explained that this is a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 2.48 percent (percentage by which proposed tax rate exceeds lower of rollback tax rate or effective tax calculated under Chapter 26, Tax Code). Individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of property in relation to the change in taxable value of all other property and the tax rate that is adopted. The Council meeting to adopt the tax is scheduled for October 23, 2006 Council Meeting. The proposed tax rate of .73703 per $100 valuation has remained unchanged since 1992. With no one signing up to speak at this meeting, Mayor DonCarlos closed the Public Hearing at 6:45 p.m. Citizen Communication: Mr. Ronnie Anderson of Baytown is requesting Council to review and implement an ordinance change concerning the issue of uninsured motorists. Ronnie Anderson addressed Council about towing and impounding vehicles when they are not insured. He gave statistics about uninsured motorist in the State of Texas. He also mentioned statistics concerning uninsured motorist getting tickets dismissed without having continuous insurance. Mr. Anderson feels that if an ordinance is implemented with this change it will decrease the number of uninsured motorist driving the streets in the City of Baytown. City Manager Jackson stated that administration will address and research the concern and will report back to Council in the near future. Citizen Communication: Mr. or Mrs. Agee Hollaway of Baytown is requesting address the City Council on the issue of building skate parks. Mr. Hollaway presented Council with the request to build a skate park. He stated if we had a park here in Baytown he would not have to take his children to LaPorte. Mr. Hollaway also feels it will be a good investment for the youth and the City of Baytown. Page 3 of 20 Minutes of the Regular Session Meeting—October 12,2006 Discussion was had regarding the County Commissioner Sylvia Garcia's offer to help the City build a skate park if the City could location that the citizens would approve. Deputy City Manager Bob Leiper explained that the County's offer was for equipment only and that the City would need to acquire and prepare the land for the park. After Ms. Garcia's offer, three locations were researched. Mr. Leiper stated that Staff will inquire to see if the offer from the County is still available and report back to council with additional information. Recognize the City of Baytown Finance Department for being awarded the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for its comprehensive annual financial report(CAFR). Cynthia Richardson a representative of the Government Finance Officers' Association presented the City of Baytown Finance Department the Certificate of Achievement for Excellence in Financial Reporting for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental and financial reporting and its attainment represents significant accomplishments by the City of Baytown and its management. The CAFR has been judged by an impartial panel to meet the highest standards of the program, including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. Mrs. Richardson also stated that the City of Baytown Finance Department has received this award twelve (12) consecutive years. Conduct a public hearing on the modification of the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy Project) Series 2003 and the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy Project) Series 2004, and the issuance of a new tax exempt note by the Milford Higher Education Facilities Corporation for the benefit of Baytown Christian Academy, Inc. Mayor DonCarlos opened the public hearing at 7:04 p.m. City Manager Jackson explained that the public hearing, required by law, is being held to allow public comment concerning the modifications to two prior bond issues, and a new tax exempt note, all to be issued for the benefit of Baytown Christian Academy, Inc ("BCA"). Background information relating to revenue bonds and the issuance of the new tax exempt note is as follows: 1. the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy) Series 2003 (the "Series 2003 Bonds") now outstanding in an amount not to exceed$2,400,000; and 2. the Milford Higher Education Facilities Corporation Education Revenue Bonds (Baytown Christian Academy Project) Series 2004 (the "Series 2004 Bonds") now outstanding in an amount not to exceed $975,000. Page 4 of 20 Minutes of the Regular Session Meeting—October 12,2006 In addition, at the public hearing, there were no comments regarding the new tax exempt note (the "2006 Note") to be issued by the Milford Higher Education Facilities Corporation for the benefit of BCA, with the 2006 Note to be issued in an amount not to exceed $575,000. The proceeds of the Series 2003 Bonds, the Series 2004 Bonds, and the 2006 Note all have been used or will be used to construct classrooms, library, computer lab, cafetorium, administrative facilities, parking facilities and a gymnasium on the campus of BCA at 5555 N. Main, Baytown, Texas. The Series 2003 Bonds, Series 2004 Bonds, and the 2006 Note do not constitute an obligation of the City of Baytown and are not to be repaid from taxes or other public funds. The Series 2003 Bonds, Series 2004 Bonds, and the 2006 Note are solely to be repaid from payments to be made by BCA. With no one signing up to speak at this meeting, Mayor DonCarlos closed the Public Hearing at 7:05 p.m. Consider Proposed Resolution No. 061012-1, approving the modification of two prior bond issues issued by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc., and approving the issuance of a new tax exempt note by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc. City Manager Jackson explained that this proposed resolution approves the modification of two prior bond issues issued by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc., and approves the issuance of a new tax exempt note by the Milford Higher Education Facilities Corporation for Baytown Christian Academy, Inc. ("BCA"). BCA has three outstanding financings, all provided by the Citizens National Bank of Texas (a bank located in Waxahachie): Council Member Sheley moved to approve the resolution as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey,Murray and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1816 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE MODIFICATION OF TWO PRIOR BOND ISSUES ISSUED BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC., APPROVING THE ISSUANCE OF A NEW TAX EXEMPT NOTE BY THE MILFORD HIGHER EDUCATION FACILITIES CORPORATION FOR BAYTOWN CHRISTIAN ACADEMY, INC., AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 5 of 20 Minutes of the Regular Session Meeting—October 12,2006 Mayor DonCarlos suggested that items 10 thru 14 be considered together since these items are related to the 2006-2007 Budget and have been discussed extensively by Council in the budget work sessions. Consider Proposed Ordinance No. 061012-1, authorizing San Jacinto Medical Group for City Physician Services. Consider Proposed Ordinance No. 061012-2, authorizing renewal with Texas Municipal League Workers' Compensation Joint Insurance Fund to provide Administrative services, claims payments, and excess workers' compensation insurance protection. Consider Proposed Ordinance No. 061012-3, authorizing renewal of liability and property insurance programs with Texas Municipal League and authorizing payment. Consider Proposed Ordinance 061012-4, renewing the contract with United Behavioral Health for Employee Assistance Program Services (EAP) and authorize payment for providing such services. Consider Proposed Ordinance No. 061012-5, renewing the contract with United Healthcare for Third Party Administration (TPA) Services and Stop Loss Coverage and authorizes payment for said services. With no further discussion Council Member Capetillo moved to approved agenda items 10 thru 14 as submitted. Council Member Sheley seconded the motion. Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CITY PHYSICIAN SERVICES WITH SAN JACINTO MEDICAL GROUP; AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED ONE THOUSAND SIX HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($101,678.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,436 AN ORDIANACE OF THE CITY COUNCILOF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE WORKERS' COMPENSATION JOINT INSURANCE FUND TO PROVIDE ADMINISTRATIVE SERVICES FOR THE CITY'S WORKERS' COMPENSATION PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FOR MONTHLY CLAIMS AS INCURRED, ADJUST ESCROW NECESSARY TO MEET SIXTY (60) DAYS' Page 6 of 20 Minutes of the Regular Session Meeting—October 12,2006 AVERAGE CLAIMS REQUIREMENT AND PROJECTED PAYMENT OF SIX HURNDRED EIGHTY THOUSAND NINETY-NINE AND NO/100 DOLLARS (680,099.00) FOR CLAIMS COSTS, ADMINISTRATIVE FEES, AND EXCESS WORKERS; COMPSATION INSURANCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVIE DATE THEREOF. ORDINANCE NO. 10,437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIVE HUNDRED THIRTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-EIGHT AND NO/100 DOLLARS ($537,438.00) FOR THE ANNUAL LIABILITY AND PROPERTY INSURANCE PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES, ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FIVE THOUSAND ONE HUNDRED SEVENTY-ONE AND 20/100 DOLLARS ($25,171.20); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED EIGHTY-SEVEN THOUSAND NINETY-EIGHT AND NO/100 DOLLARS ($387,098.00) FOR THE THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF SEVEN HUNDRED TWENTY- TWO THOUSAND NINE HUNDRED NINE AND NO/100 DOLLARS ($722,909.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-6, authorizing five Site Lease Agreements with T-Mobile Texas, L.P., for the erection and maintenance of antenna facilities at City Hall, McElroy Park, Barkaloo Park, East Little League Park, and property near Pinehurst and State Highway 146. City Manager Jackson explained that this item was discussed at the September 28, 2006 Council Meeting and is now ready to be finalized for erection and maintenance of antenna facilities at Page 7 of 20 Minutes of the Regular Session Meeting—October 12,2006 City Hall, McElroy Park, Barkaloo Park, East Little League Park, and property near Pinehurst and State Highway 146. The agreements are identical except for the locations. Each agreement has a five-year term and has five five-year renewal terms, which can be exercised by the T- Mobile so long as T-Mobile is not in default. Upon the expiration or termination of the Lease, T- Mobile, at the City's election either(i)will convey the tower structure and related facilities to the City or (ii) will remove the same from the property. The plans for the antenna facilities must be approved by the City prior to the construction of the same. At the time the plans and the exact site location are approved by the City, the City may require other conditions as may be necessary or desired by the City to further the purposes of the underlying property, i.e., lighting, etc. T- Mobile is required to install the City's initial cabling and antennas on the new towers at the City's requested height. There will be reserved for the City mounting location(s) on each tower for the City's existing and future loading. The Lease grants T-Mobile the right to allow other telecommunication carriers to utilize the facility upon payment of additional rent to the City. The City shall receive $750 per month as rent and $500 per month per additional carrier locating facilities on the towers. The use of T-Mobile towers for City equipment will eliminate the need for the City to construct and maintain its own towers and will improve wireless data coverage for public safety users. Discussion was had regarding land use regulations for future towers and restrictions. The towers will be tall enough to accommodate and encourage future additions. Council Member Sheley moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10.440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING FIVE SITE LEASE AGREEMENTS WITH T-MOBILE TEXAS, L.P., FOR THE ERECTION AND MAINTENANCE OF ANTENNA FACILITIES AT CITY HALL, MCELROY PARK, BARKALOO PARK, EAST LITTLE LEAGUE PARK, AND PROPERTY NEAR PINEHURST AND STATE HIGHWAY 146; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-7, approving a contract with Tackett Lodholz Architects,Inc, for final design services for the Fire Station No. 5 Project. City Manager Jackson explained that the proposed ordinance approves a professional services contract with Tackett Lodholz Architects, Inc., for final design services associated with the Fire Station No. 5 Project including civil site design, geotechnical evaluation, topographic survey, and inspection for ADA compliance. The agreement for final design services is for an amount of not to exceed $122,425 for Architectural services and $10,000 for reimbursable expenses such as survey and geotechnical testing. In addition to design of the building itself, the scope of work Page 8 of 20 Minutes of the Regular Session Meeting—October 12,2006 includes civil site design, geotechnical evaluation, topographic survey, and inspection for ADA compliance. The total amount of the contract, including reimbursables, is not to exceed $132,425. 2005 General Obligation Bonds will fund this project. Tackett Lodholz Architects were selected by the A&E Committee and a preliminary design agreement was executed and completed. The firm also designed Fire Station Three (Massey-Tompkins) in 1994 as well as the recent addition of EMS quarters at that building. Locally, this firm designed the new St. Marks United Methodist Church on N. Main Street. Discussion was had regarding the use of bricks for appearance as well as stability. It was also stated that the fire station will be a category 4 building. Council Member Capetillo moved to approve the ordinance as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey,Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AGREEMENT WITH TACKETT LODHOLZ ARCHITECTS, INC., FOR FINAL DESIGN SERVICES FOR THE FIRE STATION NO. 5 PROJECT; AUTHORIZING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($132,425.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-8, awarding a construction contract to D&W Contractors, Inc. for the Pinehurst Subdivision Drainage Project. City Manager Jackson explained that the proposed ordinance awards a construction contract in the amount of $459,141 to D&W Contractors, Inc. for the Pinehurst Subdivision Drainage Project. The engineer's estimated construction cost for this project was $310,000. The difference between the cost estimate and the low bidder was in part due to the addition of sod replacement in lieu of hydro-mulch seeding. In addition, economic market adjustments also contributed to the increased cost. The scope of work includes grading the existing ditches to the proposed slope and resetting of culverts and driveways. A new outfall pipe will also be installed to create positive drainage of the system. This project is being funded by 1997 Certificates of Obligation Bonds and 2002, 2003, and 2004 General Obligation Bonds. The construction duration is 120 calendar days. Discussion was had regarding when the construction will begin and that residence affected by the construction will be notified 48 hours before operations begins via handout notices. Page 9 of 20 Minutes of the Regular Session Meeting—October 12,2006 Council Member Caskey moved to approve the ordinance as submitted. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,442 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 D&W CONTRACTORS, INC., FOR THE PINEHURST DRAINAGE PROJECT; AUTHORIZING PAYMENT OF A SUM NOT TO EXCEED FOUR HUNDRED FIFTY-NINE THOUSAND ONE HUNDRED FORTY-ONE AND NO/100 DOLLARS ($459,141.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-9, approving a contract amendment with Camp Dresser & McKee, Inc. for final design services for the East District Wastewater Treatment Plant Project. City Manager Jackson explained that the proposed ordinance approves an amendment to the professional services contract with Camp Dresser & McKee, Inc., for additional services necessary to complete the East District Wastewater Treatment Plant Project. These services included project support related not only to the landfill trash discovered during construction but also to the clarifier structural failure. The cost of these additional services totals $50,995.89. The original contract price was $249,630; therefore the total contract amount is $300,625.89. This contract was funded by Certificates of Obligation Bonds. With no further discussion Council Member Murray moved to approve the ordinance as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC., FOR ADDITIONAL ENGINEERING SERVICES ASSOCIATED WITH THE EAST DISTRICT WASTEWATER Page 10 of 20 Minutes of the Regular Session Meeting—October 12,2006 TREATMENT PLANT PROJECT; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT OF FIFTY THOUSAND NINE HUNDRED NINETY-FIVE AND 89/100 DOLLARS ($50,995.89); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-10, approving final payment and releasing the retainage to LEM Construction Co., Inc., and accepting the East District Wastewater Treatment Plant Project. City Manager Jackson explained that the proposed ordinance approves final payment of $68,596.39, which includes the releases of the retainage to LEM Construction Co., Inc., and accepts the East District Wastewater Treatment Plant Project. The original contract was awarded to LEM for the original contract amount was $1,870,300 and Change Order Nos. 1 - 4 increased the amount by $39,333.99 for an adjusted contract amount of$1,909,633.99. Change Order No. 5 includes credits totaling $167,661.80 related to the clarifier and back-charges to LEM. Therefore, the final construction cost is $1,741,972.19, a 7% reduction in the original contract cost. The project went over the allotted time due to the landfill trash discovered on site and the clarifier structural failure by 215 days. The final contract duration is 600 calendar days. The contractor finished the project with satisfactory workmanship. This project was funded by 1995 Revenue Bonds, 1998, 2002, and 2004 Certificates of Obligation bonds. With no further discussion Council Member Capetillo moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE EAST DISTRICT WASTEWATER TREATEMENT PLANT PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTY-EIGHT THOUSAND FIVE HUNDRED NINETY-SIX AND 39/100 DOLLARS ($68,596.39) TO LEM CONSTRUCTION CO., INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-11, amending Chapter 2 "Administration," Article IV "Boards and Commissions," Division 11 `Beautification Advisory Commission," Section 2-561 "Created; Membership," and Section 2-562 "Appointments; Terms," of the Code of Ordinances, City of Baytown, Texas, to reduce the number of members on the Beautification Commission and how the members are appointed. Ordinance No. 061012-11, amends Chapter 2 "Administration," Article IV "Boards and Commissions," Division 11 "Beautification Advisory Commission," Section 2-561 "Created; Membership," and Section 2-562 "Appointments; Terms," of the Code of Ordinances, City of Page 11 of 20 Minutes of the Regular Session Meeting—October 12,2006 Baytown, Texas, to reduce the number of members on the Baytown Beautification Advisory Commission (BBAC) and how the members are appointed. During the BBAC meeting on September 21, 2006 the members present voted to recommend to the Mayor and Council to reduce the size of the commission considering the number of vacancies on the current commission. This issue was also discussed during the September 28, 2006 Council session and the proposed amendments reflect Council's instructions to reduce the size of the commission, as well as, establish new appointment procedures and terms. Currently there are four (4) members whose terms expired September 30, 2006 who desire to be re-appointed and six (6) current members whose terms will expire on September 30, 2007. The proposed ordinance provides for a (9) member commission, with (4) members being appointed in even- numbered years and (5) members being appointed in odd-numbered years. The proposed ordinance also provides for the members to be appointed "at large" by the City Council instead of by the district and special provisions to bring the existing membership to nine members. Council Member Sheley moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 11 "BEAUTIFICATION ADVISORY COMMISSION," SECTION 2-561 "CREATED; MEMBERSHIP" AND SECTION 2-562 "APPOINTMENTS; TERMS" OF THE CODE OF ORDINANCES BAYTOWN, TEXAS, TO REDUCE THE NUMBER OF MEMBERS ON THE COMMISSION AND AMEND THE MANNER IN WHICH MEMBERS ARE APPOINTED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 061012-12, the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 3.25 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 3.25 acre tract being a portion of a 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. City Manager Jackson explained that this is the first reading of the ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as a 3.25 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 3.25 acre tract being a portion of a called 4.8532 acre tract as Page 12 of 20 Minutes of the Regular Session Meeting—October 12,2006 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. City Council conducted the first and second public hearings for this annexation on the 14th day of September, 2006 with said notice being published in the August 31, 2006 issue of the Baytown Sun and posted on the City of Baytown's website on August 29, 2006. This 3.25 acre portion 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 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. With no further discussion Council Member Sheley moved to approve the ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,446 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 3.25 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 3.25 ACRE TRACT BEING A PORTION OF A 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; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 061012-13, the second 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 this is the second 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 Page 13 of 20 Minutes of the Regular Session Meeting—October 12,2006 Clerk's File No. D806833 of the Deed Records of Harris County, Texas. City Council conducted the first and second public hearings for this annexation on the 27th day of July, 2006 with said notice being published in the July 17, 2006 issue of the Baytown Sun and posted on the City of Baytown's website on July 14, 2006. With no further discussion Council Member Caskey moved to approve the ordinance as submitted. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. 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. GURBE, 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. Consider Proposed Ordinance No. 061012-14, placing the property annexed into the City of Baytown in the previous agenda item 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 in Council District 4. City Manager Jackson explained that this ordinance places the property annexed into the City of Baytown in the previous agenda item 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 in Council District 4. With no further discussion Council Member Murray moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Page 14 of 20 Minutes of the Regular Session Meeting—October 12,2006 Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING 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, TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Discuss and take appropriate action concerning CenterPoint Energy Resources Corporation's Statement of Intent with attached proposed rate schedules that include proposed changes to the Purchased Gas Adjustment clause and Miscellaneous Service Charges which includes changes to fees charged for certain services. Douglas Ward representative for Center Point Customer Operations discussed CenterPoint Energy Resources Corporation's Statement of Intent and proposed rate schedules that include proposed changes to the Purchased Gas Adjustment clause and Miscellaneous Service Charges which includes changes to fees charged for certain services. Mr. Ward also included that there had been no changes since 1976 and changes to the rates will be made across the State of Texas. The options available to the City include: a. No action on the City's part is required to permit the proposed rates to go into effect on the effective date of the proposed change,which is (November 3, 2006). b. The City may approve the proposed rate request prior to November 3, 2006. c. If the City does not feel the proposed change is appropriate, it may, after notifying CenterPoint Energy, hold a hearing to consider the change. Pending the hearing and decision, the City may suspend the proposed rates for up to 90 days following the effective date of November 3, 2006. d. After the hearing the City may deny the rate or approve a rate that is less than requested by CenterPoint Energy. CenterPoint Energy is permitted to appeal the City's decision to the Railroad Commission of Texas. If a final determination is not forthcoming within the 90 day suspension period, CenterPoint Energy is entitled to put the rates into effect, subject to refund, should the proposed rate be in excess of that finally determined. Page 15 of 20 Minutes of the Regular Session Meeting—October 12,2006 Further discussion was had concerning the new charges for services provided. Council did not take any action and the changes will go into affect November 3, 2006. Receive written comments on the proposed amendments to the Land Use Assumption, Capital Improvements Plan ("CIP") for Water and Wastewater, and Impact Fee. City Manager explained that in pursuant to Section 395.056 of the Texas Local Government Code, the Planning and Zoning Advisory Commission filed its written comments on the proposed amendments to the Land Use Assumption, Capital Improvements Plan, and Impact Fee. The Commission and Staff are not recommending an increase in the impact fees. A public hearing on the proposed amendments will be held on October 23, 2006. Discussion was had about why we are not recommending an increase in the impact fees. Deputy City Manager, Bob Leiper stated the purpose of an impact fee is to offset some of the cost not to deter development. Impact fees never recover all costs, the fees help recover the cost attributed to that growth. He also stated it only applies to undeveloped property. Receive report from the Chairman of the Council ad hoc Committee regarding the Long Neck Wildlife Festival. Council Member Brandon Capetillo, Chairman of the Council ad hoc Committee gave the report regarding the Long Neck Wildlife Festival. He discussed the Pros and Cons to the festival as well as possible additional events that would be added to the festival in the future. Council Member Capetillo also discussed administrative issues and finances. Discussion was had about the best time to have the festival next year and considering a name change for the festival. Council Member Capetillo stated the Committee would be responsive to a name change and May seems to be the best time to have the festival. Discussion was also had about sponsorship offers to serve alcohol at the festival. Consent Agenda a. Consider Ordinance No. 061012-15, approving of a contract with the Baytown Opportunity Center (BOC) for $70,384.65 for park cleaning and litter removal. b. Consider Proposed Ordinance No. 061012-16, amending Ordinance No. 10,295, increasing the number of positions in the classification "Service Group — Police" by adding fourteen patrol officer positions. c. Consider Proposed Ordinance No. 061012-17, authorizing the purchase of one (1) Groundsmaster 580-D Mower for Parks Department from Professional Turf Products through The Local Government Purchasing Cooperative (Buyboard). d. Consider Proposed Ordinance No. 061012-18, authorizing the purchase of one (1) 2008 aerial lift truck with service body from Houston Freightliner, Sterling and Western Star, through the Local Government Purchasing Cooperative (Buyboard). Page 16 of 20 Minutes of the Regular Session Meeting—October 12,2006 e. Consider Proposed Ordinance No. 061012-19, authorizing the purchase of one (1) 2007 Chevrolet heavy duty extended cab pickup and four (4) heavy duty regular cab pickups from Caldwell Country Chevrolet through H-GAC. f. Consider Proposed Ordinance No. 061012-20, authorizing the purchase of one (1) 2007 Dodge 3500 Chassi Cab-D13L62 from Columbus Country Dodge through H-GAC. g. Consider Proposed Ordinance No. 061012-21, authorizing the purchase of one (1) 2007 TYMCO Model 600 Regenerative Air Street Sweeper from TYMCO International, LTD., through H-GAC. h. Consider Proposed Ordinance No. 061012-22, authorizing the purchase of one (1) 2007 Peterbilt 340 truck and Prentice loader and Warren trash body from Rush Truck Centers of Texas,L.P.,through H-GAC. Brief discussion was had concerning item b. Chief of Police Byron Jones clarified the item stating that the proposed ordinance is necessary to incorporate the Crime Control and Prevention District officers into the Police Depaitment. Council Member Sheley moved to approve items a through h as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR PARK CLEANING AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND THREE HUNDRED EIGHTY-FOUR AND 65/100 DOLLARS ($70,384.65); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 10,295, INCREASING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" BY ADDING FOURTEEN PATROL OFFICER POSITIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 17 of 20 Minutes of the Regular Session Meeting—October 12,2006 ORDINANCE NO. 10,450 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-TWO THOUSAND NINE HUNDRED FIFTY- FIVE AND 66/100 DOLLARS ($62,955.66) TO PROFESSIONAL TURF PRODUCTS FOR THE PURCHASE OF A GROUNDSMASTER 580-D MOWER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,451 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-SIX THOUSAND TWO HUNDRED EIGHTY-TWO AND NO/100 DOLLARS ($136,282.00) TO HOUSTON FREIGHTLINER, STERLING AND WESTERN STAR FOR THE PURCHASE OF ONE (1) 2008 AERIAL LIFT TRUCK WITH SERVICE BODY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,452 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-NINE THOUSAND SEVEN HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS ($79,788.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 CHEVROLET HEAVY DUTY EXTENDED CAB PICKUP AND FOUR 2007 CHEVROLET HEAVY DUTY REGULAR CAB PICKUPS FROM CALDWELL COUNTRY CHEVROLET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,453 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY-SIX THOUSAND FOUR HUNDRED FOURTEEN AND NO/100 DOLLARS ($36,414.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 DODGE 3500 CHASSI CAB-D13L62 FROM COLUMBUS COUNTRY DODGE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDIANACE NO. 10,454 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-NINE THOUSAND ONE HUNDRED ELEVEN AND 40/100 DOLLARS ($159,111.40) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 TYMCO MODEL 600 REGENERATIVE AIR STREET SWEEPER FROM TYMCO INTERNATIONAL, LTD; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 18 of 20 Minutes of the Regular Session Meeting—October 12,2006 ORDINANCE NO. 10,455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY-NINE THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 DOLLARS ($149,999.00) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2007 PETERBILT 340 TRUCK AND PRENTICE LOADER AND WARREN TRASH BODY FROM RUSH TRUCK CENTERS OF TEXAS, L.P.; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Resolution No. 061012-2 designating a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the 2007 year. City Manager Jackson reported that Council Member Don Murray is currently serving as the HGAC 2006 General Assembly and Board of Director representative and Calvin Mundinger is serving as the alternate. The alternate member will need to be appointed to fill the remaining 2006 term and the 2007 term. Council Member Mahan moved to designate Council Member Don Murray a representative for the General Assembly of the Houston-Galveston Area Council for the 2007 year and Mayor Stephen H. DonCarlos as the alternate representative for the remainder of 2006 and for the 2007 year. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. RESOLUTION NO. 1817 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL FOR THE YEAR 2007; AND PROVIDING FOR THE EFFECTIVE DAYTE THEREOF. Consider appointment to the Community Development Advisory Committee (1). This item was not ready for consideration. Page 19 of 20 Minutes of the Regular Session Meeting—October 12,2006 Consider appointments to the Beautification Advisory Commission. Council Member Caskey moved to re-appoint Lawrence Wallace, Shea Williams, Jackie Harris, and Susan Milner. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None The motion carried. Term Term Original New Begins Expires Length Term Lawrence Wallace 09-30-2006 09-30-2008 1 year 2 years Shea Williams 09-30-2006 09-30-2008 1 year 2 years Jackie Harris 09-30-2006 09-30-2008 1 year 2 years Susan Milner 09-30-2006 09-30-2008 1 year 2 years Consider appointments to the Animal Control Advisory Committee (1). This committee is composed of five members appointed by Council. The members serve two year terms and are composed of a Chief Sanitarian or his designee, the Chief of Police or his designee, one (1) licensed veterinarian, one (1) representative from an animal welfare organization, and one (1) interested citizen. They meet when necessary to assist the Baytown Animal Shelter in complying with applicable law; formulating future animal control plans, strategies, education, and revisions to the animal control ordinances. Mr. Richard Godwin has served on the committee since October 22, 1998 as the interested citizen. His term expired on September 26, 2006 and Mr. Godwin is no longer interested in serving on this committee. Council Member Mahan nominated Mr. Gary Cochran to serve as the interested citizen on the Animal Control Advisory Committee. Council Member Caskey seconded the motion. Mr. Cochran's term will begin on October 12, 2006 and expire on September 28, 2008. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey, Murray and Sheley Mayor DonCarlos Nays: None Page 20 of 20 Minutes of the Regular Session Meeting—October 12,2006 City Manager's Report. Mr. Jackson reminded Council that the Company Cup Golf Tournament will be held Friday, October 20, 2006 beginning at 8:00 a.m. at Evergreen Point Golf Course. He also stated that the Company Cup Run/Walk event will be held Saturday, October 28th beginning at 8:00 a.m. at Bayland Park. Mr. Jackson reported that the Household Hazardous Waste Collection Day was held on October 7, 2006 at the City of Baytown Storage Facility and was a success and well received. Adjourn. Council Member Murray moved to adjourn the meeting. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Renteria, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:27 p.m. Lorri Coody, City Clerk