2006 11 20 CC Minutes, Special MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 20, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on November 20, 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
Don Murray Council Member
Scott Sheley 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
Council Member Mercedes Renteria III and Council Member Lynn Caskey were absent. The
meeting was opened with a quorum present.
Consider approval of the minutes for the Work Session Meeting and the Regular Session
Meeting held on November 9, 2006.
Council Member Capetillo moved to approve the minutes as submitted. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Recognition of the Youth of the Month.
Mayor DonCarlos presented the Youth of the Month Award to Alyssa Linares.
Alyssa Linares is a senior at Ross Sterling High School; currently ranked #2 in her class. She
has maintained all "A's" from Kindergarten - 12th grade. She is the President of the National
Honor Society, President of the Sterling Choir, Key Club member, National Hispanic Merit
Scholar, Sterling Ranger Leader and a member of Who's Who Among American High School
Students. She received All Region Choir honors three years in a row and was nominated to
Girl's State.
Alyssa volunteers with Special Olympics, Mitzvah Day, Big Brothers/Big Sisters, Relay for Life,
Alzheimer's Walk, School Fall Festival and the Red Cross. She also participates in service
projects such as, school carnivals, car wash fundraisers and making holiday cards for those that
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Minutes of the Special Session Meeting—November 20,2006
are in hospitals and nursing homes. Alyssa is very active in sports, and enjoys basketball,
volleyball, tennis, and softball. She has played at many different levels with the YMCA and
Sterling High School where she has served as team captain.
Mayor Don Carlos then called item 4 on the agenda.
Citizen Communication - Ms. Bobby Sutphin or B.J. Simon has requested to address
Council for assistance in establishing an art center for City of Baytown.
Ms. Sutphin, Ms. Linda Steweart, Legal Advisor and Ms. Hopkins, President reiterated the
mission and vision of the Art League of Baytown. Ms. Sutphin also gave an update on the
corporate status and outlined community contributions and activities. She presented Council
with a proposal for a future visual arts building and asked that Council assist in anyway possible.
Council thanked Ms. Sutphin and directed her to meet with administration for further review.
Mayor Don Carlos then called item 3 on the agenda.
Proclamation for the Houston Dynamo.
Mayor DonCarlos presented the Proclamation to the President & General Manager, Oliver Luck
and Senior Account Executive, Judy Dubose of the Houston Dynamo respectively.
Mayor Don Carlos then called item 5 on the agenda.
Canvass the returns of the City of Baytown special election held on November 7, 2006.
City Manager Jackson introduced City Attorney; Ignacio Ramirez, Sr. to explain the purpose of
canvassing the returns of the City of Baytown special election held on November 7, 2006. Mr.
Ramirez read a memo explaining the functions and rules of the canvassing process and fielding
questions from Council accordingly.
One citizen having signed up to speak on this item, the Mayor called Ms. Mills as follows:
Joanne Mills, 4831 Black Rock, Baytown, Texas (281-427-7710) — Ms. Mills stated that she
pays City of Baytown taxes, lives in East Point and votes at Precinct 103. She informed Council
that she, as well as other citizen in her neighborhood, was not able to vote on the proposed
ordinance because it did not appear on her ballot. She also told Council that she did not
understand the ordinance and wished that she had been better informed as to the meaning of what
it meant.
Council apologized for the difficulties she had in voting and stated that her comments would be
passed on to Harris County Clerk's Office. She was also told that the proposed ordinance was
highly published and that both those supporting and opposing the initiative did a good job in
getting information out about the ordinance.
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Minutes of the Special Session Meeting—November 20,2006
Consider Proposed Ordinance No. 061120-1, declaring the results of the special election,
which submitted 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 the proposed ordinance declares the results of the special
election, which submitted 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. He
also explained that this declaration is required pursuant to Section 96 of the Charter and is
consistent with Ordinance No. 10,397, calling the special election.
With several citizens signing up to speak on this item, Mayor DonCarlos called:
Fred Miccio, Baytown Bingo, Baytown, Texas (281-424-2995) —Mr. Miccio stated that he owns
a bingo hall and had questions regarding the process of implementing the smoking ordinance and
why the ordinance provided an certain exceptions for Motels. The process was briefly explained
and it was suggested that Mr. Miccio contact the City's Health Department for assistance with
specific implementation questions as they relate to his site. For legal advice, Council suggested
that he contact a private attorney.
Gloria Bashan, 8102 Bayside, Baytown, Texas (281-383-2216)—Passed
James Haarmever, 8102 Bayside, Baytown, Texas (281-383-2216) — Mr. Haarmeyer stated that
there were extensive voting problems due to the joint election with Chambers and Harris
Counties. He asked that Council avoid holding joint election in the future with Counties due to
the extensive problems it created.
Oscar Bueno, 203 Wildwood Dr, Baytown, Texas (281-424-8412)—No answer
City Manager Jackson explained that the proposed ordinance declares the results from the
election held on November 7, 2006.
Council Member Sheley moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting—November 20,2006
ORDINANCE NO. 10,485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DECLARING THE 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, ADOPTED; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 061120-2, the second 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 the proposed ordinance 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 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 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.
Council Member Capetillo moved to approve the ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting—November 20,2006
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. 061120-3, placing the property annexed into the City of
Baytown in the previous agenda item 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 in Council District 3.
Council Member Capetillo moved to approve the ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING 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 TO COUNCIL DISTRICT NO. 3;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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Minutes of the Special Session Meeting—November 20,2006
Consider Proposed Ordinance No. 061120-4, repealing Ordinance No. 10,426 (Change
Order Number 13) and approving a new Change Orders Number 13 for Goose Creek
Stream Greenbelt Phase III Trail.
In accordance with Council's Administrative Rule 6.1 (c), since item 9 has been previously considered and voted
on by the Council within the preceding six months, Council must, by majority vote, waive this restriction in order
to consider the item.
Council Member Capetillo moved to waive the restriction of not to consider an item that has
previously been considered and voted on by the Council within the preceding six months.
Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
City Manager Jackson explained that the Proposed Ordinance will repeal Ordinance No. 10,426
(Change Order Number 13) and approving a new Change Orders Number 13 for $17,001.30 for
Goose Creek Stream Greenbelt Phase III Trail.
Mr. Jackson introduced Quincy Allen from TXDot who explained that the change order provides
for deleting one item of work from the contract and adds the same item of work to the contract at
a new unit price to pay the contractor for "vegetative watering". The estimated quantity for
vegetative watering on the contract must be adjusted which necessitates changing the unit price
for the item of work. This change order was created to correct a significant error in the quantity
for item 168-0501, Vegetative Watering. The bid price for this item was adjusted after the
Regional Office and the District Construction Office of TxDOT negotiated with the contractor a
reasonable price for the work in excess of 125% of the original quantity. This adjusted price
includes all allowable mark-ups for the work. The City's 20%portion of the change order totals
$3,400.26 plus a$391.03 TxDOT construction management fee for a total cost of$3,400.26.
Council Member Mahan moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting—November 20,2006
ORDINANCE NO. 10,487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 10,426, WHICH AUTHORIZED CHANGE ORDER NO.13
WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE
CREEK STREAM GREENBELT TRAIL AND THE PAYMENT THEREOF, PASSED BY
THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON THE 28TH DAY OF
SEPTEMBER, 2006; AUTHORIZING A NEW CHANGE ORDER NO. 13 WITH TEXAS
DEPARTMENT OF TRANSPORTATION FOR PHASE III OF THE GOOSE CREEK
STREAM GREENBELT TRAIL; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF THREE THOUSAND SEVEN HUNDRED NINETY-ONE AND
29/100 DOLLARS ($3,791.29); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 061120-5, approving the Second Contract Amendment
to the Untreated Water Supply Agreement between the Baytown Area Water Authority
and the City of Houston to increase BAWA's contract quantity.
City Manager Jackson explained that the proposed ordinance approves the Second Contract
Amendment to the Untreated Water Supply Agreement between the Baytown Area Water
Authority and the City of Houston to increase BAWA's contract quantity. This proposed total of
16.5486 MGD is greater than the contract quantity that the BAWA is able to purchase from the
City of Houston, which is 15.8 MGD. As such, the BAWA requested that the contract be
amended again to change the contract quantity from 15.8 MGD to 20 MGD. The City Council is
required to approve BAWA's agreements. As such, the proposed ordinance approves the second
amendment.
Council Member Capetillo moved to approve the ordinance as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,488
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE SECOND CONTRACT AMENDMENT TO THE UNTREATED WATER
SUPPLY AGREEMENT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
THE CITY OF HOUSTON TO INCREASE BAWA'S CONTRACT QUANTITY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Special Session Meeting—November 20,2006
Consider Proposed Ordinance No. 061120-6, authorizing Change Orders One and Two
with Reytec Construction Resources, Inc. for the BAWA 30" Water Transmission Line
Project.
City Manager Jackson introduced Acting City Engineer, Joe Lysengen. Mr. Lysengen
explained that Change Orders One and Two with Reytec Construction Resources, Inc. (Reytec)
for the BAWA 30" Water Transmission Line Project. He explained that the original contract
amount with Reytec was $9,068,660 and that the change order will increase the contract amount
by $127,156. Mr. Lysengen stated that Change Order No. One in the amount of $4,356 is
necessitated by having to repair a six-inch waterline along Thompson Road that was not shown
on the drawings. He also stated that this was to no fault of the contractor. He continued to
explain that Change Order No. 2 is in the amount of $122,800 and that the existing 12-inch
waterline along Thompson Road was not in the location shown on the drawings. Therefore, in
order to construct the 30-inch waterline, the 12-inch waterline had to be moved to the west. He
also stated that the new contract amount is $9,195,816.
Discussion was had about the location of the lines and Mr. Lysengen fielded questions from
Council accordingly.
Council Member Mahan moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CHANGE ORDER NOS. 1
AND 2 WITH REYTEC CONSTRUCTION RESOURCES, INC., FOR THE BAWA'S 30-
INCH WATER TRANSMISSION LINE PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 061120-7, awarding the 2007 Sanitary Sewer
Rehabilitation Contract to PM Construction & Rehab, L.P.
City Manager Jackson explained that the proposed ordinance awards the 2007 Sanitary Sewer
Rehabilitation Contract to PM Construction & Rehab, L.P. and authorizes payment up to the
annual budget amount of$1,000,000. The scope of work includes sanitary sewer rehabilitation
work primarily utilizing the pipe bursting method, but will also include some removal and
replacement by the open trench method as needed. The initial construction duration for this
project is one calendar year and it will be funded by 2006 Certificates of Obligation Bonds. The
contract is for an initial term of one year, with the option for an extension of the same for an
additional two years separated in one year intervals under the same terms, conditions, and unit
prices as expressed in the contract.
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Minutes of the Special Session Meeting—November 20,2006
Council Member Mahan moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK ATTEST TO THE 2007 SANITARY SEWER REHABILITATION CONTRACT
WITH PM CONSTRUCTION & REHAB, L.P.; AUTHORIZING PAYMENT OF A SUM NOT
TO EXCEED ONE MILLION AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 061120-8, changing Section 90-26(a) & 90-26(c),
increasing the additional collection penalty for delinquent taxes, penalties and interest from
15 % to 17.5%.
City Manager Jackson explained that the proposed ordinance changes Section 90-26(a) & 90-
26(c), increasing the additional collection penalty for delinquent taxes, penalties and interest
from 15 % to 17.5%. The maximum collection penalty allowed under state law is 20%. This
increase was recommended by the Finance Committee at the meeting held on November 9, 2006.
There is no increase in expense for the City. The increased fee is borne by the taxpayer. This is
the same penalty percentage authorized by Goose Creek CISD and Lee College.
Council Member Sheley moved to approve the ordinance as submitted. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,491
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 90 "TAXATION," ARTICLE II "AD VALOREM TAXES,"
SECTION 90-26 "DELINQUENCIES," SUBSECTIONS (A) AND (C) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, TO INCREASE THE ADDITIONAL
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Minutes of the Special Session Meeting—November 20,2006
PENALTY ASSESSED ON DELINQUENT AD VALOREM TAXES, PENALTIES AND
INTEREST; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance 061120-9, authorizing an agreement with Maria Coronado
de Los Santos, d/b/a D and D Design for the installation, configuration and testing of fiber
optic cabling at the Emergency Operations Center.
City Manager Jackson explained that the proposed ordinance authorizes an agreement with
Maria Coronado de Los Santos, d/b/a D and D Design for the installation, configuration and
testing of fiber optic cabling at the Emergency Operations Center. The cost of such services is
$19,644 and will be paid after completion and acceptance of the work. Pursuant to the
agreement, the services are required to be completed on or before December 31, 2006. D & D
Design is a CISV vendor.
Council Member Sheley moved to approve the ordinance as submitted. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH
MARIA CORONADO DE LOS SANTOS, D/B/A D AND D DESIGN FOR THE
INSTALLATION, CONFIGURATION AND TESTING OF FIBER OPTIC CABLING AT
THE EMERGENCY OPERATIONS CENTER; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF NINETEEN THOUSAND SIX HUNDRED FORTY-FOUR
AND NO/100 DOLLARS ($19,644.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance 061120-10, authorizing the replacement of the 70 ton
compressor and associated repairs on the City Hall chiller.
City Manager Jackson explained that the proposed ordinance authorizes the replacement of the
70 ton compressor and associated repairs on the City Hall chiller. The chiller is one of the
primary components of the HVAC system providing conditioned air in the City Hall building.
One of the two compressors experienced a catastrophic internal failure requiring its replacement.
Council Member Sheley moved to approve the ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
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Minutes of the Special Session Meeting—November 20,2006
Ayes: Council Members Capetillo, Murray, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF TWENTY-FOUR THOUSAND NINE HUNDRED
SIXTY-SIX AND NO/100 DOLLARS ($24,966.00) TO AUTOMATED LOGIC - UNITED
ENVIRONMENTAL SERVICES AS THE COST FOR THE REPLACEMENT OF THE 70
TON COMPRESSOR AND ASSOCIATED REPAIRS ON THE CITY HALL CHILLER;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider approval of plans and specifications and authorizes advertisement to take bids
for the Northeast Wastewater Treatment Plant Offsite Collection System Project, Package
One.
City Manager Jackson explained the scope of work includes the installation of approximately
1,400 linear feet of 30-inch gravity sanitary sewer pipe along Sjolander Road from I-10 south to
Needlepoint Road. From Sjolander, approximately 7,500 linear feet of 42-inch gravity sanitary
sewer pipe will be installed down Needlepoint to the Northeast Wastewater Treatment Plant (NE
WWTP) site. The new gravity sewer system will serve the new NE WWTP once it becomes
operational. The new NE WWTP is currently scheduled for completion sometime in late 2008.
The construction duration for this project is 300 calendar days.
Council Member Mahan moved to approve the plans and specification and authorize
advertisement to take bids for the Northeast Wastewater Treatment Plant Offsite Collection
System Project, Package One. Council Member Caskey seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider request from the Historic Goose Creek Association for funding from the Hotel
Occupancy Tax (HOT) fund for the Christmas on Texas Avenue Festival.
This item was not ready for consideration.
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Minutes of the Special Session Meeting—November 20,2006
Receive a report regarding the plans for implementation, interpretation and enforcement
of the smoking ordinance provisions.
With several citizens signing up to speak on this item, Mayor DonCarlos called:
Gav Mitchum, P.O. Box 4321, Baytown, Texas (281-427-7710) - Ms. Mitchum voiced her
opinion about the smoking ordinance. She owns a bar and feels the smoking ordinance will not
be good for her business.
Jeff Ackerman, 12918 Tri City Beach Road, Baytown, Texas (281-420-8765) —Dr. Ackerman is
a representative of the Smoke Free Coalition. He stated that the Coalition supports staff in the
interpretation of the ordinance. Dr. Ackerman also stated that all of the cities that have similar
smoking ordinances do not require signs on vehicles and it is not the intent of the Coalition that
there be signs on vehicles.
Gloria Basham, 8102 Bayside, Baytown, Texas (281-383-2216) — Ms. Basham passed her time
to James Haarmeyer.
James Haarmever, 8102 Bayside, Baytown, Texas (281-383-2216) —Mr. Haarmeyer argued that
other cities do not have vehicles in their smoking ordinances and interprets the ordinance to
mean that the signs are required in order to measure the 15 foot distance requirement.
City Manager Jackson gave a review of the information on how the City will implement the new
smoking ordinance. He explained that the new ordinance will go into effect on December 1,
2006 and the City will implement an educational period from December 1 through January 1,
2007. During this 30 day period, the City will focus on educating the public on the new
ordinance in order to promote compliance. City Manager Jackson summarized the key
components of the new ordinance as follows:
Smoking is prohibited in:
• Enclosed public places;
• Enclosed places of employment;
• Outdoor arenas and stadiums;
• Enclosed City-owned facilities;
• Vehicles while used in the course of employment; and
• Any establishment, facility, or outdoor area declared as non-smoking by person in control
of property where properly signed
Smoking is allowed in the following places:
• Private residences, except when used as a child care, adult day care, or health care facility;
• Private vehicles, except when used in the course of employment;
• Hotel/motel rooms, designated as smoking rooms (not to exceed 20% of total rooms);
• Retail tobacco stores;
• Private and semi-private rooms in nursing homes and long-term care facilities;
• Private clubs that have no employees;
• Outside areas (except within 15' of a door or in an outdoor arena or stadium); and
• Areas designated in a hospital psychiatric unit.
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Minutes of the Special Session Meeting—November 20,2006
Signs are required as follows:
• Signs with "No Smoking" and/or international "No Smoking" symbol clearly and
conspicuously posted in every place as required by the ordinance;
• Signs must clearly state that smoking is prohibited within 15' of the entrance as required
by ordinance;
• Signs must be 10" x 14" and in contrasting colors with block letters at least one inch in
height;
Ashtrays must be removed from areas where smoking is prohibited;
Penalties may be assessed as follows:
• Person who smokes in a prohibited area shall be guilty of an infraction, punishable by a
fine in accordance with Section 1-14 of the Code of Ordinances (currently not to exceed
$2000); and
• A person who owns, operates, manages, or controls a public place or place of
employment who fails to comply shall be guilty of an infraction,punishable by:
1. fine not exceeding $100 for 1st violation,
2. fine not exceeding $200 for 2nd violation within a 12-month, or
3. fine not exceeding $500 for each additional violation within a 12-month period.
Council engaged in discussion about various cities that have adopted similar smoking ordinances
and the enforcement of placing smoking signs on vehicles.
Mr. Jackson informed Council that the Health Department is not granted the enforcement power
to detain under Texas law. Mr. Jackson introduced Health Director, Mike Lester. Mr. Lester
explained how the Health Department will enforce smoking in vehicles without detention
authority. Mr. Lester stated that letters will be sent to businesses within the City of Baytown. He
also reiterated that the month of December will be utilized to educate the public on the new
ordinance in order to promote compliance.
Receive quarterly investment report for the period ending September 30, 2006 for the City
of Baytown.
Quarterly investment report for the period ending September 30, 2006 was received.
Discuss and take appropriate actions regarding the allocation for Street Maintenance Sales
Tax Work Order#5.
Deputy City Manager, Bob Leiper explained that the request is to take appropriate actions
regarding the allocation for Street Maintenance Sales Tax Work Order #5. The contractor is
completing Work Order #4 and we will be ready to issue work order #5. Work Order #4
encompassed over $800,000 in street repairs. It is estimated that an additional $600,000 will be
available for mill and overlay on January 1, 2007. This funding will rehabilitate approximately
15,000 feet of street or 2.8 miles.
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Minutes of the Special Session Meeting—November 20,2006
Mr. Leiper explained two allocations methods:
• Equal distribution of the total 15,000 linear feet across council districts at 2,500 linear
feet per council district; or
• Percentage distribution of total 15,000 linear feet across council districts based upon total
eligible streets in each council district with a PCI of 50-70 (LF).
Council Member Mahan moved to approve the allocation of funds based on a percentage basis.
Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: Council Member Capetillo
The motion carried.
Discuss and take appropriate action regarding the timing, committee structure, and
appointments to the General Obligation Bond Steering Committee and Sub-Committees.
Council agreed to establish a General Obligation Bond Steering Committee supported by three
Sub-Committees. The structure appears as follows:
Steering
Committee
Finance Committee)
Jr
Streets,Sidewalks, Public Buildings,
Signalization and Automation,Equipment
Drainage and Parks
These committees will assist the City in organizing, researching, and preparing potential projects
for consideration in a May 2007 General Obligation Bond Election.
City Manager Jackson announced the names that were submitted for appointments to the General
Obligation Bond Steering Committee and Sub-Committees.
Council agreed to appointment of the Chair for the Public Buildings, Automation, Equipments
and Parks at the next scheduled Council Meeting which will be December 14, 2006.
Council Member Murray moved to accept the structure as agreed upon and to appoint Ronnie
Anderson and Gilbert Santana as Co-Chairs of the Steering Committee, and to appoint Reggie
Brewer as Chair of the Finance Sub-Committee and Mike Wilson to serve as Chair of the Streets,
Sidewalks, Signalization and Drainage Sub-Committee. Council Member Sheley seconded the
motion.
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Minutes of the Special Session Meeting—November 20,2006
The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Discuss and provide direction to staff regarding the location of a skate park.
City Manager Jackson explained that at the November 9, 2006 Work Session Meeting, staff
presented a report to Council on options for locations of a skate park which was previously
reviewed by the Parks and Recreation Advisory Board. This report included information about
the County's participation in this project. After discussion at the work session, the consensus of
Council was to select Jenkins Park as the best location for the skate park. Mr. Jackson stated that
the Mayor has received confirmation of Commissioner Garcia's commitment to pay half of the
equipment costs.
Ms. Gina Rivon reported that she has surveyed the Youth Advisory Commission and the
majority chose Jenkins Park as the location preferred for the skate park.
Council Member Sheley moved to accept Jenkins Park as the first location for the skate park in
Baytown, Texas. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray,Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Council directed staff to place the funding for the park on a future agenda.
Consent Agenda
a. Consider Proposed Resolution No. 061120-1, authorizing the execution of the
General Certificates of Local Governmental Unit related to the issuance by the
Southeast Texas Housing Finance Corporation's (SETH) of its Multifamily
Housing Revenue Bonds for the Costa Verde Apartments in Clute, Texas, and
the Mansions at Moses Lake Apartments in Texas City, Texas.
b. Consider Proposed Ordinance No. 061120-11, authorizing the payment of the
annual Water Quality Assessment fees and the annual Waste Treatment fees to
the Texas Commission of Environmental Quality.
c. Consider Proposed Ordinance No. 061120-12, awarding the annual ammunition
contract.
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Minutes of the Special Session Meeting—November 20,2006
d. Consider Proposed Ordinance No. 061120-13, awarding the first renewal of the
annual gasoline and diesel fuel contract.
e. Consider Proposed Ordinance No. 061120-14, authorizing expenditures for
licenses, maintenance, and support for the Fire and Emergency Medical Services
from Versaterm, Inc.
f. Consider Proposed Ordinance No. 061120-15, authorizing the purchase of
eighty-nine global positioning devices for the Police, Fire and Emergency
Medical Services from Motorola, Inc.,through H-GAC.
g. Consider Proposed Ordinance No. 061120-16, authorizing the purchase of
twenty-four modems for the Fire Department and Emergency Medical Services
from Motorola,Inc.,through H-GAC.
h. Consider Proposed Ordinance No. 061120-17, authorizing the City Manager to
negotiate and execute a lease-purchase agreement for a Front-Line Pierce
Quantum Pumper from Martin Apparatus through Oshkosh Capital based upon
the Houston-Galveston Area Council's pricing.
i. Consider Proposed Resolution No. 061120-2, granting to Historic Goose Creek
Association, Inc., for its 2006 Christmas on Texas Avenue event, a variance to
Section 42-286 (e) of the Code of Ordinances pertaining to the distance
requirements for live outdoor exhibitions and to Chapter 74 of the Code of
Ordinances pertaining to peddlers and solicitors.
Discussion was had about item h regarding the 93 E-one Engine (E-2)being placed into reserve
status. Assistant Fire Chief, Victor Medrando fielded questions accordingly.
Council Member Sheley moved to approve consent items a through i as submitted. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1820
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL
CERTIFICATES OF LOCAL GOVERNMENTAL UNIT RELATED TO THE ISSUANCE BY
THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION OF ITS MULTIFAMILY
HOUSING REVENUE BONDS FOR THE COSTA VERDE APARTMENTS IN CLUTE,
TEXAS, AND THE MANSIONS AT MOSES LAKE APARTMENTS IN TEXAS CITY,
TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Special Session Meeting—November 20,2006
ORDINANCE NO. 10,494
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF NINETY-FOUR THOUSAND FOUR HUNDRED SEVENTY-
FIVE AND NO/100 DOLLARS ($94,475.00) TO THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES
AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,495
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING
THE BID OF BLACK HILLS AMMUNITION, INC., FOR THE ANNUAL AMMUNITION
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
TWENTY-FIVE THOUSAND NINE HUNDRED THIRTY-FIVE AND NO/100 DOLLARS
($25,935.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF OIL PRODUCTS DISTRIBUTION, LTD., FOR THE
ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED THIRTY-
ONE THOUSAND FIVE HUNDRED THIRTY AND 87/100 DOLLARS ($1,631,530.87);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THIRTY-SIX THOUSAND EIGHT HUNDRED FIFTY
AND NO/100 DOLLARS ($36,850.00) TO VERSATERM, INC., AS THE COST FOR
LICENSES, MAINTENANCE AND SUPPORT FOR THE FIRE AND EMERGENCY
MEDICAL SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIFTY-SEVEN THOUSAND SIXTY-NINE AND 14/100
DOLLARS ($57,069.14) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF
EIGHTY-NINE (89) GLOBAL POSITIONING DEVICES FOR THE POLICE, FIRE AND
EMERGENCY MEDICAL SERVICES FROM MOTOROLA, INC., MAKING OTHER PROVISIONS
RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Special Session Meeting—November 20,2006
ORDINANCE NO. 10,499
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FIFTY-SIX THOUSAND SIX HUNDRED NINETY-SEVEN
AND 90/100 DOLLARS ($56,697.90) TO HOUSTON-GALVESTON AREA COUNCIL FOR THE
PURCHASE OF TWENTY-FOUR (24) MODEMS FOR THE FIRE DEPARTMENT AND
EMERGENCY MEDICAL SERVICES FROM MOTOROLA, INC.; MAKING OTHER PROVISIONS
RELATED THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FOUR HUNDRED NINETY-TWO THOUSAND NINE
HUNDRED NINETY-SIX AND 75/100 DOLLARS ($492,996.75) FOR THE LEASE-
PURCHASE OF A FRONT-LINE PIERCE QUANTUM PUMPER FROM MARTIN
APPARATUS THROUGH OSHKOSH CAPITAL UNDER TERMS AND CONDITIONS
DEEMED ACCEPTABLE BY THE CITY MANAGER AND THE CITY ATTORNEY;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1821
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO CHAPTER 42 "HEALTH AND SANITATION," ARTICLE V
"LIVE OUTDOOR EXHIBITIONS," SECTION 42-286 "PERMIT REQUIRED" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE
REQUIREMENT FOR HISTORIC GOOSE CREEK ASSOCIATION, INC.'S 2006
CHRISTMAS ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE
REQUISITE APPLICATION; GRANTING A VARIANCE TO HISTORIC GOOSE CREEK
ASSOCIATION, INC., TO EXEMPT 2006 CHRISTMAS ON TEXAS AVENUE FROM THE
PROVISIONS OF CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN
APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointment to the Community Development Advisory Committee (1).
This item was not ready for consideration.
Consider appointments to the Baytown Industrial Development Corporation (3).
Council Member Capetillo moved to re-appoint Sammy Mahan and Vivian Cisneros Hemphill to
serve another two year term. Board Member Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting—November 20,2006
Consider appointments to the Emergency Medical Service Committee (3).
Council Member Mahan moved to re-appoint Gail Kenney and James Bernick to serve another
two year term. Board Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointments to the Planning and Zoning Commission (4).
Council Member Sheley moved to re-appoint Shawn McDonald, Joe C. Floyd and Linda Krisher
to serve another two year term. Board Member Capetillo seconded the motion. The vote
follows:
Ayes: Council Members Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointments to the Sign Committee (5).
Council Member Sheley moved to re-appoint Chet Theiss, Joe Muller, Paul Smoke and Quincy
Allen to serve another two year term. Board Member Mahan seconded the motion. The vote
follows:
Ayes: Council Members Capetillo, Mahan, Murray, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
City Manager's Report.
• Christmas Parade will be held Thursday,December 7, 2006 at 6:30 pm.
• Art Exhibition will be held at the Community Center Friday, December 8,
2006
• City of Baytown will be closed for Thanksgiving Holiday November 23-24,
2006.
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Minutes of the Special Session Meeting—November 20,2006
Adjourn.
Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the
motion.
The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 8:53 p.m.
Lorri Coody, City Clerk