2007 01 25 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 25, 2007
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on January 25, 2007, 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
Lynn Caskey Council Member
Don Murray Council Member
Mercedes Renteria III 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
This meeting was called to order by Mayor DonCarlos with a quorum present.
Consider approval of the minutes for the Regular Council Meeting and the Work Session
Meeting held on January 11, 2007.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance for the second reading of the Ordinance annexing property
currently within the extra-territorial jurisdiction of the City of Baytown and being
described as 2.8730 acre tract (123,151 square feet) of the George C, Davis Survey, A-1472
Baytown, Harris County, Texas and being all of three separate tracts of land with Tract 1
being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK 19 Highland
Farms, and Tract 3 as TR 13G BLK19 Highland Farms.
City Manager Jackson explained that the Proposed Ordinance for the second reading of the
Ordinance annexing property currently within the extra-territorial jurisdiction of the City of
Baytown and being described as a 2.8730 acre tract (123,151 square feet) out of the George C,
Davis Survey, A-1472 Baytown, Harris County, Texas and being all of three separate tracts of
land with Tract 1 being described as TR 13H BLK 19 Highland Farms, Tract 2 as TR 13E BLK
19 Highland Farms, and Tract 3 as TR 13G BLK19 Highland Farms. This 2.8730 acre tract 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 Value Place Hotel. The property is
Page 2 of 16
Minutes of the Regular Session Meeting— January 25, 2007
located on the south side of I-10 and to the east of Garth Road. City Council conducted the first
and second public hearings for this annexation on the 9th day of November, 2006 with said
notice being published in the October 30, 2006 issue of the Baytown Sun and posted on the City
of Baytown’s website on October 27, 2006.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,501
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 2.8730 ACRE TRACT (123,151
SQUARE FEET) OF THE GEORGE C. DAVIS SURVEY, A-1472, BAYTOWN, HARRIS
COUNTY, TEXAS, AND BEING ALL OF THREE SEPARATE TRACTS OF LAND, WITH
TRACT 1 BEING DESCRIBED AS TR 13H BLK 19 HIGHLAND FARMS, TRACT 2 AS TR
13E BLK 19 HIGHLAND FARMS, AND TRACT 3 AS TR 13G BLK 19, HIGHLAND ARMS;
WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey,
II - City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance for placing the property annexed into the City of Baytown
in the previous agenda item and being described as 2.8730 acre tract (123,151 square feet)
of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas and being all of
three separate tracts of land with Tract 1 being described as TR 13H BLK 19 Highland
Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19
Highland Farms in Council District 4.
City Manager Jackson explained that the Proposed Ordinance places the property annexed into
the City of Baytown in the previous agenda item and being described as 2.8730 acre tract
(123,151 square feet) of the George C, Davis Survey, A-1472 Baytown, Harris County, Texas
and being all of three separate tracts of land with Tract 1 being described as TR 13H BLK 19
Highland Farms, Tract 2 as TR 13E BLK 19 Highland Farms, and Tract 3 as TR 13G BLK19
Highland Farms in Council District 4 .
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 2.8730 ACRE TRACT (123,151 SQUARE FEET) OF THE GEORGE C. DAVIS
SURVEY, A-1472, BAYTOWN, HARRIS COUNTY, TEXAS, AND BEING ALL OF THREE
SEPARATE TRACTS OF LAND, WITH TRACT 1 BEING DESCRIBED AS TR 13H BLK 19
Page 3 of 16
Minutes of the Regular Session Meeting— January 25, 2007
HIGHLAND FARMS, TRACT 2 AS TR 13E BLK 19 HIGHLAND FARMS, AND TRACT 3
AS TR 13G BLK 19, HIGHLAND FARMS TO COUNCIL DISTRICT NO. 4; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey,
II - City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance approving a contract with Kimley-Horn and Associates, Inc.
for professional services for the development of an Aquatic Facilities Master Plan.
City Manager Jackson explained that the Proposed Ordinance approves a contract with Kimley-
Horn and Associates, Inc. for $65,000 for professional services for the development of an
Aquatic Facilities Master Plan.
On November 3rd the Council A/E Selection Committee selected the team Kimley-Horn and
Associates, Inc. and Counsilman-Hunsaker to provide professional services to do the study. The
study will review existing pool condition at N.C. Foote Pool and the Wayne Gray Sports
Complex Pool and make recommendations for renovations and upgrades. The study will also
provide the potential utilization and feasibility of the construction/renovation of the aquatic
facilities. The study will also provide needed layout and project cost estimates for the projects.
Both N.C. Foote Pool and the Wayne Gray Sports Complex Pool were both constructed in 1973.
During the 33 year that the facilities have been open; neither pool has had any major renovation
or upgrades to the systems with the exception of some minor filter work at N.C. Foote Pool in
1990.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR
PROFESSIONAL SERVICES FOR THE DEVELOPMENT OF AN AQUATIC FACILITIES
MASTER PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND AND NO/100 DOLLARS
($65,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Don Murray - City Council Member, District 4; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Page 4 of 16
Minutes of the Regular Session Meeting— January 25, 2007
Consider Proposed Ordinance approving the Baytown Area Water Authority's (BAWA)
final payment and release of retainage to LEM Construction Co., Inc. and accepting the
BAWA Expansion and Disinfection Improvements Project, Phase III.
City Manager Jackson explained that the Proposed Ordinance approves Change Order No. Six,
Baytown Area Water Authority's final payment of $168,866.81 to LEM Construction Co., Inc.,
and accepts the BAWA Expansion and Disinfection Improvements Project, Phase III. Change
Orders One through Five for a credit of $19,505.77 was for miscellaneous changes in the scope
of work. Change Order No. Six for an additional credit of $76,377.24 is for back charges for
various work items contained within the contract. In addition, there is a restoration adjustment
for a net credit of $37,481.95 as there were work items within the contract that were not needed.
The original contract amount was for $4,792,100. Therefore, the final contract amount is
$4,658,735.04, which is a savings of 2.78 percent from the original contract amount. The
contractor finished the project with satisfactory workmanship. This project was funded through
BAWA Revenue Bonds and BAWA CIPF. The BAWA Board convened on January 17, 2007
and approved/accepted the project.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE BAYTOWN AREA WATER AUTHORITY’S FINAL PAYMENT TO
LEM CONSTRUCTION CO., INC., IN THE AMOUNT OF ONE HUNDRED SIXTY-EIGHT
THOUSAND EIGHT HUNDRED SIXTY-SIX AND 81/100 DOLLARS ($168,866.81) FOR
THE BAWA EXPANSION AND DISINFECTION IMPROVEMENTS PROJECT, PHASE III;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Sammy Mahan - City Council Member, District 6 ; Second By: Scott Sheley - City
Council Member, District 2
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance approving final payment to PM Construction & Rehab L.P.,
and accepting the 2006 Annual Sanitary Sewer Rehabilitation Project.
City Manager Jackson explained that the Proposed Ordinance approves final payment of
$76,335.16 to PM Construction & Rehab L.P. (PM) and accepting the 2006 Annual Sanitary
Sewer Rehabilitation Project. The project consisted of six work orders that were completed and
balanced out individually by administration. The original contract was awarded to PM for a sum
not to exceed $1,000,000 and the final contract amount was $981,777.28. The contractor’s
workmanship was satisfactory and each work order was completed within the assigned time
limits. This project was funded by 1998 and 2000 Certificates of Obligation Bonds.
The ordinance was discussed and approved as submitted. The caption appears as follows:
Page 5 of 16
Minutes of the Regular Session Meeting— January 25, 2007
ORDINANCE NO. 10,530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE 2006 ANNUAL SANITARY SEWER REHABILITATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-SIX THOUSAND THREE
HUNDRED THIRTY-FIVE AND 16/100 DOLLARS ($76,335.16) TO PM CONSTRUCTION
& REHAB L.P.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Brandon Capetillo - City Council Member, District 3 ; Second By: Lynn A. Caskey,
II - City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance authorizing the issuance of $13,000,000 City of Baytown
Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007.
Drew Masterson reported on the results of the sale. He presented Council a report with these
results and Drew Masterson reported on the results of the sale. He presented Council a report
with these results and introduced to Council his Staff and others that appeared with him. He
explained that Tab One has a summary of the bids. There were five (5) bids received with the
low bid being Coastal Securities. Mr. Masterson explained that the bids were tight which
inidcates the City's credit is well understood. Tab 2 shows the detail of the winning bid. Tab 3
shows the histroy of sales. Tab 4 shows the bond buyer index, which is a long term index. The
rating reports were very good and the industrial districts are reflected in the reports which are
very important when looking at the debt. Mr. Master explained that his firm will have a few
recommendations that Council may want to consider for the future. For an example he told
Council that they may want to consider approving a debt policy. He told Council that his firm
will put together a list of recommendation for review.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE ISSUANCE OF $13,000,000 CITY OF BAYTOWN, TEXAS,
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Motion By: Mercedes Renteria, III - City Council Member, District 1; Second By: Brandon
Capetillo - City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Page 6 of 16
Minutes of the Regular Session Meeting— January 25, 2007
Consider Proposed Ordinance approving a Resolution of the Baytown Area Water
Authority authorizing the issuance of Baytown Area Water Authority Water Supply
Contract Revenue Refunding Bonds, Series 2007.
City Manager Jackson explained that the Proposed Ordinance approves a Resolution of the
Baytown Area Water Authority authorizing the issuance of Baytown Area Water Authority
Water Supply Contract Revenue Refunding Bonds, Series 2007. The resolution was approved
by the BAWA Board at their regular meeting on January 17, 2007. Drew Masterson explained
tab 5 of the report which is a refunding summary given on a parameter basis.
The ordinance was discussed and approved as submitted. The caption appears as follows:
ORDINANCE NO. 10,532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BAYTOWN AREA
WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE REFUNDING BONDS,
SERIES 2007 (CITY OF BAYTOWN PROJECT); ACCEPTING THE TERMS AND
CONDITIONS OF SUCH RESOLUTION; PROVIDING FOR CONTINUING DISCLOSURE
WITH RESPECT TO SUCH BONDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Don Murray -
City Council Member, District 4
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Resolution recommending that Cedar Bayou be managed by a single
entity comprised of stakeholders, accountable to Chambers County Commissioners Court
and the City of Baytown and supporting legislation be introduced to accomplish that goal.
Calvin Mundinger, Chairman of the Cedar Bayou Intermodal Transportation Task Force (Task
Force) appeared to address Council on this item. The Task Force through its research has two
recommendations: (1) there needs to be a single entity to regulate the navigable waters of Cedar
Bayou and (2) the City of Baytown has a common border and needs to have a voice. Mr.
Mundinger addressed the letter that John Rocco, Chairman of the Chambers County Cedar
Bayou Navigation District sent to Jimmy Sylvia. Mr. Mundinger explained that the word "they"
used in the first paragraph on page two of Mr. Rocco's letter refers to the Task Force. He went on
by reading the 2nd paragraph on page 2. He stated to imply that the City of Baytown is an
outsider is insulting. He showed a map where there many acres are in the Baytown ETJ which
shows a Baytown economic interest.
The Task Force has had numerous meetings with Mr. Rocco and Mr. Mundinger does not
understand why he would write such a letter.
Page 7 of 16
Minutes of the Regular Session Meeting— January 25, 2007
Discussion was had about the make up of the Chambers County Board. Mr. Shields with the
EDF explained that the members are large land owners. It was pointed out that Mr. Rocco's
letterhead shows that Mr. Rocco lives in Kingwood, Texas.
Mr. Mundinger explained that the Chamber County Commissioners passed a Resolution that
there will be Baytown representation. However, in light of this letter, Mr. Mundinger wants to be
specific and set out two Baytown representatives with voting power.
The mayor explained that he had conversed with Mr. Rocco who stated that this letter does not
reflect Mr. Rocco's views but the views of his Board and that Mr. Rocco has communicated that
he was leery of the Chamber's County Board being referred to as Bayer's Board. Mr. Rocco also
stated that he did not think that Bayer was interested in dredging and that the Core of Engineers
was interested in the dredging. The Mayor explained to him that the City of Baytown does have
an interest in controlling the Bayou and we should not have to charge our citizens a tax to have a
say so in something in which we own half. We do not want a heavy industrial west bank and
hope for a centralized barge terminal. Mr. Rocco said their Board understands the recreational
aspect that Baytown is concerned with. He is also okay with expanding the Board to seven
members. However, he did not want two politicians deciding the Chairman of the Board.
Mr. Mundinger pointed out that a reasonable solution would be the Chambers County Judge
make the appointment but he/she consult with the Mayor of Baytown. The elected officials
making the appointment insure accountability.
Mr. Mundinger gave an update about the Commissioner's Court meeting held on January 23. He
said the Commissioners' heard from the Chambers County Board's Attorney and the
Commissioner's tabled the issue until Task Force could meet with the Court.
He turned the program over to Mike Shield to discuss some legislative issues being proposed.
Mr. Shield addressed Council to explain the legislation. His bill is to amend existing legislation.
He explained that the amendment seeks to foster economic growth and to protect the quality of
life of the region's citizens along Cedar Bayou, it is imperative that a single entity be endowed
with the responsibility authority and accountability for guiding, designing and implementing
both public and private projects involving water bourn and intermodal commerce on Cedar
Bayou stream south of the Highway 146 Bridge to the Houston Channel.
Discussion was had if two representatives on the Board from Baytown would be enough
representation for our City. Mr. Mundinger addressed the question by explaining the assessment
zone and how it factors into the representation issue.
Mr. Mundinger went on to speak about the Resolution he is presenting, which he read aloud. Mr.
Jackson explained that the revised Resolution has some language that refers to de-annexation
that may be problematic. Ignacio Ramirez, City Attorney, addressed the areas of this Resolution
that should be changed and explained why they should be updated. Council considered the
amended Resolution as follows:
The resolution was discussed and approved as amended. The caption appears as follows:
Page 8 of 16
Minutes of the Regular Session Meeting— January 25, 2007
RESOLUTION NO. 1831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
SUPPORTING (I) THE EXTENSION OF AUTHORITY AND JURISDICTION OF THE
CHAMBER COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; (II) DISANNEXATION
OF CERTAIN PROPERTY FROM THE CHAMBERS COUNTY-LIBERTY COUNTY
NAVIGATION DISTRICT; (III) EXPANSION OF THE EXISTING BOARD OF
DIRECTORS OF THE CHAMBER COUNTY-CEDAR BAYOU NAVIGATION DISTRICT
FROM FIVE TO SEVEN, AND (IV) SUPPORTING LEGISLATION BE INTRODUCED TO
ACCOMPLISH SUCH GOAL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Resolution accepting a grant from the Texas Parks and Wildlife
Department from the Texas Recreational Trails Fund for approximately one mile of new
decomposed granite trails and associated features for the interior of the Baytown Nature
Center.
City Manager Jackson explained that the Proposed Resolution accepts a $61,878.90 grant from
the Texas Parks and Wildlife Department from the Texas Recreational Trails Fund for
approximately one mile of new decomposed granite trails through the interior of the Baytown
Nature Center. The total of the 80/20 grant is $77,348.62. The city’s $15,469.72 or 20% portion
of the project will be financed by providing in kind labor and equipment as the local match. The
grant will pay for the needed materials to build the trail, benches, and a roof over an existing
observation deck overlooking the freshwater pond. Staff applied for the grant in May 2006 and
was awarded the grant at the August Texas Parks and Wildlife Department’s Commissioner
meeting. However, final approval of the project was temporally delayed because of archeological
concerns. The Texas Historical Commission approved the project for construction in November.
The trail will begin at the newly constructed Entry building and will lead into the center and west
side of the Baytown Nature Center. Staff plans to begin construction immediately. The project is
scheduled to be completed sometime next fall.
The resolution was discussed and approved as amended. The caption appears as follows:
RESOLUTION NO. 1832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE TEXAS
PARKS AND WILDLIFE DEPARTMENT’S TEXAS RECREATIONAL TRAIL PROGRAM
FUND FOR APPROXIMATELY ONE MILE OF NEW DECOMPOSED GRANITE TRAILS
AND RELATED IMPROVEMENTS IN THE BAYTOWN NATURE CENTER IN AN
AMOUNT OF SIXTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-NINE AND
Page 9 of 16
Minutes of the Regular Session Meeting— January 25, 2007
NO/100 DOLLARS ($61,879.00); AUTHORIZING AN IN-KIND MATCH OF FIFTEEN
THOUSAND FOUR HUNDRED SEVENTY AND NO/100 DOLLARS ($15,470.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Don Murray - City Council Member, District 4; Second By: Mercedes Renteria, III -
City Council Member, District 1
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider approval of plans and specifications and authorizes advertisement to take bids
for the Pruett Estates Sanitary Sewer Rehabilitation Project.
City Manager Jackson explained that this item approves plans and specifications and authorizes
advertisement for the Pruett Estates Sanitary Sewer Rehabilitation Project. The scope of work for
the project includes rehabilitation work primarily using the pipe bursting method to rehabilitate
approximately 17,200 linear feet of sanitary sewer lines ranging in size from eight-inch to 18-
inch diameter pipe. The estimated construction cost for this project is $1,100,000. The total
budget is $1,000,000. Therefore, the bid form will reflect alternate bid items to maximize use of
available funds. The construction duration is 120 calendar days. 2006 and 2007 Certificates of
Obligation Bonds will fund this project. The pre-bid conference and the bid opening are
scheduled to take place on February 9th and February 16th, respectively. The award of
a construction contract should be in March.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Lynn A. Caskey, II -
City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider approval plans and specifications and authorizes advertisement to take bids for
the Baker Road Sanitary Sewer Extension Project.
City Manager Jackson explained that this item approves plans and specifications and authorizes
advertisement for the Baker Road Sanitary Sewer Extension Project. The scope of work for the
project includes the installation of new gravity sanitary sewer lines south from the intersection of
North Main and Baker Road and north from Meridian Estates. The gravity system will then
traverse east through an existing 16-foot utility easement to a Harris County Flood Control
District, ditch. At this point, a lift station will be constructed and the line will cross the ditch to
outfall into the existing gravity system on the east side. This project will accommodate future
growth and development within the service area of Baker Road and North Main. The estimated
construction cost for this project is $1,420,000, which includes a ten percent contingency. The
construction duration is 365 calendar days and 2007 MDD funds and 1998 and 2004 Certificates
of Obligation Bonds will fund this project.
Page 10 of 16
Minutes of the Regular Session Meeting— January 25, 2007
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Lynn A. Caskey,
II - City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Discuss and take appropriate action regarding compensation for City Manager.
No action was taken on this item.
Discuss and take appropriate action regarding compensation for Municipal Court Judge.
Having had the Municipal Court Judge's employee evaluation in executive session, Council
approved a 6% merit increase in the Municipal Court Judge's annual salary as follows:
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Lynn A. Caskey, II -
City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
CONSENT
Consider Proposed Ordinance authorizing the City Manager to execute an
intergovernmental service agreement with the Houston-Galveston Area Council to provide
regional law enforcement training and instructional classes for the period of September 1,
2006 through August 31, 2007.
The Proposed Ordinance authorizes the City Manager to execute an intergovernmental service
agreement with the Houston-Galveston Area Council to provide regional law enforcement
training and instructional classes for the period of September 1, 2006 through August 31, 2007.
As remuneration for these services, the Houston-Galveston Area Council shall pay the City of
Baytown the sum of THIRTY-FIVE THOUSAND NINE HUNDRED FIFTY DOLLARS
($35,950). All classes shall be conducted and taught by City of Baytown police officers at the
City of Baytown Police Academy located at 3200 North Main.
The ordinance was approved without discussion on the consent agenda motion of Council
Member Scott Sheley. The caption appears as follows:
ORDINANCE NO. 10,533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL
SERVICE AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL FOR
THE CITY OF BAYTOWN POLICE DEPARTMENT TO PROVIDE REGIONAL LAW
Page 11 of 16
Minutes of the Regular Session Meeting— January 25, 2007
ENFORCEMENT TRAINING AND INSTRUCTIONAL CLASSES FOR THE PERIOD OF
SEPTEMBER 1, 2006, THROUGH AUGUST 31, 2007, FOR THE SUM OF THIRTY-FIVE
THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS ($35,950.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance authorizing the Annual Cisco Smartnet (hardware and
software) maintenance agreement with Calence, LLC, for the period of January 4, 2007
through January 3, 2008.
The Proposed Ordinance authorizes the Annual Cisco Smartnet (hardware and software)
maintenance agreement with Calence, LLC, for the period of January 4, 2007 through January 3,
2008 in the amount of $40,904.92. This agreement provides for annual hardware and software
maintenance for all of the City's network switches, routers, bridges and the Voice-Over-IP
telephone system. Calence is a CISV vendor (1203791623100) on the state contract.
The ordinance was approved without discussion on the consent agenda motion of Council
Member Scott Sheley. The caption appears as follows:
ORDINANCE NO. 10,534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FORTY THOUSAND NINE HUNDRED FOUR AND
92/100 DOLLARS ($40,904.92) TO CALENCE, LLC, FOR THE ANNUAL CISCO
SMARTNET (HARDWARE AND SOFTWARE) MAINTENANCE AGREEMENT FOR THE
PERIOD OF JANUARY 4, 2007, THROUGH SOFTWARE) MAINTENANCE AGREEMENT
FOR THE PERIOD OF JANUARY 4, 2007, THROUGH JANUARY 3, 2008; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance awarding the annual lifeguard services contract.
The Proposed Ordinance awards the annual lifeguard services contract to the YMCA of Greater
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Minutes of the Regular Session Meeting— January 25, 2007
Houston-Baytown in the amount of $60,448. Invitations to bid were sent to seven suppliers and
one bid and one no-bid were received. This contract is for lifeguard services and day-to-day pool
operation for two (2) pools, N. C. Foote Pool, and Sports Complex Pool, for the 2007 swim
season. Contractor shall have exclusive responsibility for managing and operating the two
swimming pools for the City of Baytown. Responsibilities include: maintaining proper PH and
Chlorine levels; collection of daily admission fees; pool and janitorial maintenance; and
provision of proper staffing for all operations, including pool.
The YMCA has handled this contract for the past four years and has performed very well. Last
year’s contract was $60,706.20. This contract is $258.20 less than last year’s contract.
The ordinance was approved without discussion on the consent agenda motion of Council
Member Scott Sheley. The caption appears as follows:
ORDINANCE NO. 10,535
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF YMCA OF THE GREATER HOUSTON AREA D/B/A
BAYTOWN FAMILY YMCA FOR THE ANNUAL LIFEGUARD SERVICES CONTRACT
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY
THOUSAND FOUR HUNDRED FORTY-EIGHT AND NO/100 DOLLARS ($60,448.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance awarding the annual printing and mailing of utility bills
contract.
The Proposed Ordinance awards the annual printing and mailing of utility bills contract to Data
Prose in the amount of $30,780.12. Total award of contract is based on the best value for the City
and includes one-time setup fees and notification of address change. For evaluation purposes, bid
is based on total cost per letter bill mailed. Estimated monthly cost for mailing of utility bills will
be $2,090. Invitations to bid were sent to five suppliers and two responses were received.
The ordinance was approved without discussion on the consent agenda motion of Council
Member Scott Sheley. The caption appears as follows:
ORDINANCE NO. 10,536
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF DATAPROSE FOR THE ANNUAL OUTSOURCING OF
UTILITY BILLS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
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Minutes of the Regular Session Meeting— January 25, 2007
BAYTOWN, THE SUM OF THIRTY THOUSAND SEVEN HUNDRED EIGHTY AND
12/100 DOLLARS ($30,780.12); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Motion By: Scott Sheley - City Council Member, District 2 ; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider Proposed Ordinance awarding the bid for the purchase of NOPTIC Thermal
Imager units.
The Proposed Ordinance awards the bid for the purchase of 14 NOPTIC Thermal Imager units
from Autoliv, Inc. Night Vision Product Group. These units mount onto police patrol units
enabling greater visibility of persons or items that are hidden in darkness. This award will be
paid for through the 2005 Buffer Zone Protection Grant that was awarded to the City Of
Baytown in July 2006.
The ordinance was approved without discussion on the consent agenda motion of Council
Member Scott Sheley. The caption appears as follows:
ORDINANCE NO. 10,537
AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY-THREE
THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($53,200.00) TO AUTOLIV INC.,
AS THE SOLE SOURCE FOR NOPTIC THERMAL IMAGER UNITS; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Brandon Capetillo -
City Council Member, District 3
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider appointment to the Community Development Advisory Committee (1).
This item is not ready.
Consider appointment to the Board of Adjustments (Zoning) (1).
This item is not ready.
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Minutes of the Regular Session Meeting— January 25, 2007
Consider appointment to the Tow Truck Committee (1).
This item is not ready.
Consider appointment to the Planning and Zoning Commission (1).
Council Member Mahan nominated Mike Chatham to serve a two year term to begin on the 1st
day of January 2007 and end on the 31st day of December 2009.
Motion By: Sammy Mahan - City Council Member, District 6; Second By: Don Murray - City
Council Member, District 4
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider appointment to the Southeast Texas Housing Finance Corporation Board (1).
Mr. Daniel Sandoval has served as the City of Baytown's appointment to this Board and his
current term Mr. Daniel Sandoval has served as the City of Baytown's appointment to this Board
and his current term will expire on January 26, 2007. Mr. Sandoval desires reappointment.
Motion By: Brandon Capetillo - City Council Member, District 3; Second By: Mercedes
Renteria, III - City Council Member, District 1
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
Consider confirmation of the Mayor’s appointment of the resident member to the Baytown
Housing Authority Board (1).
This items was not ready.
Consider confirmation of the Mayor’s appointment of the resident member to the Baytown
Housing Finance Corporation Board (1).
This item was not ready.
Receive the announcement of the Mayor’s appointment to the Harris-Galveston Subsidence
District.
Mayor DonCarlos announced Fritz Lanham as his appointment to the Harris-Galveston
Subsidence District.
Page 15 of 16
Minutes of the Regular Session Meeting— January 25, 2007
Recess into and conduct an executive session pursuant to Government Code, Section
551.074, for the evaluation of the City Manager and the Municipal Court Judge.
Mayor DonCarlos announced at 7:55 p.m. that Council would recess into a closed session under
Sub Chapter D Government Code 551.074, employee evaluations.
Mayor DonCarlos re-convened the regular meeting at 8:37 p.m. and announced that no action
was taken in the executive session.
Manager’s Report
Mr. Jackson announced that he would be leaving his post as City Manager of the City of
Baytown effective March 2, 2007.
He told the Council that he has enjoyed his work with the City and the Community and the
dedicated public officials, staff and business leaders. He feels fortunate to have served the City
and with his combined roles he has served a total of 4 and 1/2 years. He told Council are great
things in store for the City and would like to believe that he had some influence in setting the
frame work and infrastructure that currently exists in the City. He is proud of this infrastructure.
When he first arrived in Baytown, this area was one that needed attention.
Mr. Jackson told Council that he will take a position as Assistant City Manager in a City close by
but will continue to live in the City of Baytown.
Council and Staff thank Mr. Jackson for his service and commended him on his
accomplishments at Baytown as well as his vast knowledge of municipal government and
operations.
Departmental Presentations from the Human Resources Department and the Legal
Department.
Mr. Jackson explained to Council that each month the departments throughout the city will give
a report in order to give Council and the viewing public an overview about the services the City
provides and the work that City Staff completes. This month's Departmental Presentations are
from the Human Resources Department and the Legal Department.
Alison Smith, the Director of Human Resources gave the report for her department. She began
by telling Council that she and her staff serve three categories of employees: collective
bargaining, civil service and general. Her overview of departmental services covered the
following 12 areas:
1. The Department's Mission
2. The Department's Purpose
3. The Organizational Chart
4. The Employment Process
5. Compensation and Benefits
6. Training and Development
7. Employee Relations
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Minutes of the Regular Session Meeting— January 25, 2007
8. Internal Consultant to Supervisors on Management Practices
9. Risk Management
10. Safety Division
11. Civil Service Administration Compliance
12. Collective Bargaining Administration Compliance
Ignacio Ramirez, the City Attorney, gave the report for his department. He covered the following
areas concerning his department:
1. The Department's Mission
2. The Department's Purpose
3. The Organizational Chart
4. The Number of Ordinances Prepared Since 2002 through 2006
5. The Number of Resolutions Prepared Since 2002 through 2006
6. The Number of Prosecutions in Municipal Court
7. A Subrogation Chart showing 5 years of collections
8. Certified Law Office Award from the Texas City Attorney's Association
9. The Core/Current Services were explained
Adjourn
With no additional business the meeting adjourned at 9:10 p.m.
Motion By: Scott Sheley - City Council Member, District 2; Second By: Lynn A. Caskey, II -
City Council Member, District 5
7 Ayes: Stephen H. DonCarlos - Mayor, Mercedes Renteria, III - City Council Member, District
1, Scott Sheley - City Council Member, District 2, Brandon Capetillo - City Council Member,
District 3, Don Murray - City Council Member, District 4, Lynn A. Caskey, II - City Council
Member, District 5, Sammy Mahan - City Council Member, District 6
______________________________
Lorri Coody, City Clerk