2007 08 09 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF
THE CITY OF BAYTOWN
August 9, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on August 9,
2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in
attendance:
Don Murray, Council Member
Brandon Capetillo, Council Member
Sammy Mahan, Council Member
Scott Sheley, Council Member
Lena R. Yepez, Council Member
Stephen H. DonCarlos, Mayor
Robert D. Leiper, Interim City Manager
Kelvin Knauf, Assistant City Manager
Ignacio Ramirez, City Attorney
Leticia Garza, Assistant City Clerk
Council Member Lynn A. Caskey II was not present at the meeting.
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council
present.
MINUTES
Consider approval of the minutes for the following meetings for Regular Session
Meeting held on July 26, 2007, Work Session Meeting held on July 26, 2007, Special
Session Meeting held on July 30, 2007; and Special Work Session Meeting held on
July 31, 2007.
Interim City Manager Leiper pointed out to Council that the Title of the minutes for July
31, 2007 Special Work Session have been corrected in accordance with the document as
presented in hard copy format at each of their seats.
Council Member Sheley moved to approve the minutes as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Yepez, Sheley, Mahan, and Caskey
Mayor DonCarlos
Nays: none
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Minutes of the Regular Meeting— August 9, 2007
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Recognize the Baytown Parks and Recreation Department "Summer Track
Program" for their participation and success in the 2007 Texas Amateur Athletic
Federation (TAAF) Games of Texas.
Mayor DonCarlos recognized the Baytown Parks and Recreation Departments "Summer
Track Program" for their participation and success in the 2007 Texas Amateur Athletic
Federation (TAAF) Games of Texas.
Michael Flinn, Recreation Supervisor for the Baytown Parks and Recreation Department,
explained that the 41 athletes sent to represent the Baytown Parks and Recreation
Summer Track Program, participated in the track and field events at the TAAF Games of
Texas held in Round Rock the weekend of July 26 through the 29th. The team was very
successful and brought home 4 Gold Medals, 1 Silver Medal and 3 Bronze Medals, with
the Triple Jump setting a state record for the 14 and under category.
The track participants and their parents were asked to stand and were acknowledged by
Council for their dedication, hard work and perseverance.
Special mention was made of the following student achievements and medals:
CHANCE NELSON, RICHARD BEAUCHAMP, CLITUS MIXON and ANDY
FONTENOT: 4X1 Relay-boys 14 under BRONZE Winners
TREION MURRAY, DANDRICK JACKSON, RAWLTYN HART and
JAHWRAN GOODE: 4X1 Relay- boys 16 under BRONZE Winners
KIERSTEN SANTANA: 800 m- girls 14 under GOLD Winner
CHANCE NELSON: 110 m Hurdles- boys 14 under GOLD Winner
CHANCE NELSON: Triple Jump- boys 14 under GOLD Winner and 2007 State
record holder.
CHANCE NELSON: 400m- boys 14 under GOLD Winner
DANDRICK JACKSON: 110 m Hurdles- boys 16 under SILVER Winner
SHANTEL THOMAS: Long Jump- girls 12 under BRONZE Winner
Special mention was given to Ms. Shontele Fontenot for her dedication to this program,
which has grown from 8 to 120 participants during her tenure. Additionally, Mark
Crooms, Andrew Gray, Tabitha Lewis, and Daniel Staggs were recognized for their
dedicated work in coaching this successful team throughout the summer. The team
participated in several area track meets this past summer including the Hershey Track
Meet in Austin and the Region I TAAF Meet in La Porte.
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Minutes of the Regular Meeting— August 9, 2007
Recognize and Present Plaques to Council and Staff that Participated in the
Baytown Fire Department’s Live Fire Training.
Firefighter Mark Medrano, presented Council Member Sheley, Council Member
Capetillo, Director of Human Resources Alison Froehlich-Smith and Risk Manager
Melissa Sullinger with a certificate of completion for their participation in the Summer
Live Fire Training.
Receive the Annual Report from the Parks and Recreation Advisory Board.
Council received the Annual Report from the Parks and Recreation Advisory Board.
Interim City Manager Leiper explained that under Ordinance No. 885, which states that
“the Parks and Recreation Advisory Board shall make an Annual Report to City Council”
that Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board would
present the 2007 Parks and Recreation Annual Report, which was approved by the Parks
Advisory Board at their August 1, 2007 meeting.
Chairman Gray presented Council with the Annual Report form the Parks and Recreation
Advisory Board and informed them that prospects for next year look wonderful and will
continue to get better with each passing year.
Mayor DonCarlos commended the Parks and Recreation Advisory Board and the
Baytown Parks and Recreation Department for their exceptional work throughout the
year, specifically on the aquatics study.
Scott Johnson, Director of the Baytown Parks and Recreation Department announced that
Mr. Stuart Gerhardt would be leaving his position for better opportunities in the City of
Lubbock. Council and Staff recognized Mr. Gerhardt for his excellent work and wished
him the best in his new endeavors.
PUBLIC HEARINGS
Conduct a public hearing regarding the taxation of goods-in-transit exempt under
house Bill 621.
Mayor DonCarlos opened the public hearing regarding the taxation of goods-in-transit
exempt under House Bill 621 at 6: 41 p.m.
Interim City Manager Leiper explained that in the 2007 session, the Texas Legislature
passed HB 621, which is the implementing legislation for a constitutional amendment
that was passed several years ago. The new law exempts goods, principally inventory,
that are stored in a location that is not owned by the owner of the goods and are
transferred from that location to another location within 175 days. The goods may be in
the location for the purposes of assembling, storing, manufacturing, processing, or
fabricating purposes by the person who acquired or imported the property. Certain
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Minutes of the Regular Meeting— August 9, 2007
specific types of goods are excluded from this exemption, including oil, natural gas,
petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and
outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured
housing inventory.
The new law, however, provides that the governing body of each taxing unit may act to
tax goods which are exempt in the year following the year in which the governing body
takes action. These goods will first become exempt in 2008. Therefore, if the City wishes
to continue to tax these types of goods in 2008, the City must act to tax the goods before
the end of 2007, and inform the appraisal districts of Harris and Chambers Counties of its
action. Before any such action is taken, City Council must hold a public hearing at which
members of the public are permitted to speak for or against the taxation of the property.
With no one signing up to speak at this hearing, Mayor DonCarlos closed the public
hearing at 6:45 p.m.
BUSINESS ITEMS
PROPOSED ORDINANCES
Consider Proposed Ordinance ordering a Special Election to be held on the 6th day
of November, 2007, for the purposes of voting For or Against Proposition No. 1: The
Issuance of $36,850,000 Bonds For Street, Sidewalks and Related Drainage and
Utility Improvements; Proposition No. 2: The Issuance of $22,995,000 Bonds for
Public Safety, Emergency Medical Service, Police and Fire Buildings and
Equipment; Proposition No. 3: The Issuance of $10,940,000, Bonds for the Purchase
and Improvement of Parks and Recreation Facilities, including Aquatics Facilities,
and for Citywide Beautification; Proposition No. 4: The Issuance of $7,170,000
Bonds for the Construction of the Extension of East Baker Road and related Utility,
Sidewalk and Drainage Improvements; Proposition No. 5: $2,525,000 Bonds for
Permanent Public Improvements and other General Public Purposes for Texas
Avenue and the Adjacent Area; and Proposition No. 6: The Issuance of $2,020,000
Bonds for the Construction of Drainage Improvements.
Interim City Manager Leiper explained that the Proposed Ordinance orders a Special
Election to be held on the 6th day of November, 2007, for the purpose of voting For or
Against the following propositions:
Proposition No. 1: The Issuance of $36,850,000 Bonds For Street, Sidewalks and
Related Drainage and Utility Improvements;
Proposition No. 2: The Issuance of $22,995,000 Bonds for Public Safety, Emergency
Medical Service, Police and Fire Buildings and Equipment;
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Minutes of the Regular Meeting— August 9, 2007
Proposition No. 3: The Issuance of $10,940,000, Bonds for the Purchase and
Improvement of Parks and Recreation Facilities, including Aquatics Facilities, and for
Citywide Beautification;
Proposition No. 4: The Issuance of $7,170,000 Bonds for the Construction of the
Extension of East Baker Road and Related Utility, Sidewalk and Drainage
Improvements;
Proposition No. 5: $2,525,000 Bonds for Permanent Public Improvements and other
General Public Purposes for Texas Avenue and the Adjacent Area; and
Proposition No. 6: The Issuance of $2,020,000 Bonds for the Construction of Drainage
Improvements.
Additionally, Interim City Manager Leiper explained that this proposed ordinance
establishes procedures for holding the election; locations for polling places; orders all the
necessary notices and actions; establishes the locations for central counting, and provides
for early voting and Election Day voting. Early voting by personal appearance is
scheduled to take place from October 22 through November 2, 2007.
Mr. Gilbert Santana, spoke on behalf of the Bond Committee to reaffirm their support of
all the bond propositions as they are.
Interim City Manger Leiper reminded Council and Staff that once the 2007 bond election
has been called, the Municipal TV channel 16 can not serve as a promotional tool for the
bond issue.
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, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
TH
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6 DAY OF
NOVEMBER, 2007, FOR THE PURPOSES OF VOTING FOR OR AGAINST
PROPOSITION NO. 1: THE ISSUANCE OF $36,850,000 BONDS FOR STREET,
SIDEWALKS AND RELATED DRAINAGE AND UTILITY IMPROVEMENTS;
PROPOSITION NO. 2: THE ISSUANCE OF $ $22,995,000 BONDS FOR PUBLIC
SAFETY, EMERGENCY MEDICAL SERVICE, POLICE AND FIRE BUILDINGS
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AND EQUIPMENT; PROPOSITION NO. 3: THE ISSUANCE OF $10,940,000,
BONDS FOR THE PURCHASE AND IMPROVEMENT OF PARKS AND
RECREATION FACILITIES, INCLUDING AQUATICS FACILITIES, AND FOR
CITYWIDE BEAUTIFICATION; PROPOSITION NO. 4: THE ISSUANCE OF
$7,170,000 BONDS FOR THE CONSTRUCTION OF THE EXTENSION OF EAST
BAKER ROAD AND RELATED UTILITY, SIDEWALK AND DRAINAGE
IMPROVEMENTS; PROPOSITION NO. 5 $2,525,000 BONDS FOR PERMANENT
PUBLIC IMPROVEMENTS AND OTHER GENERAL PUBLIC PURPOSES FOR
TEXAS AVENUE AND THE ADJACENT AREA; PROPOSITION NO. 6: THE
ISSUANCE OF $2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE
IMPROVEMENTS; DESIGNATING THE MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; ESTABLISHING CERTAIN PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE POSTING AND PUBLICATION OF
NOTICE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing a contract with Bury + Partners-
Houston, Inc., for the investigative report in connection with Year One of the 2007
Street Bond Program Project.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes a contract
for an investigative report in connection with Year One of the 2007 Street Bond
Program to Bury + Partners-Houston, Inc., in an amount not to exceed $58,713. The
project’s reimbursable expenses shall not exceed $1,000. Therefore, the total contract
amount is $59,713. The investigative report will include sections of Barrymore Blvd,
Narcille, Honeysuckle, North Airhart, Morrell, Rosewood, Idlewood, Robin, Scenic,
Cedar Bayou, Eleventh and Texas Avenue. As part of the investigative report, the
consultant will attend meetings with City staff as necessary to address and review any
matters. In addition, the scope will include some geotechnical investigation. Once
completed, the investigative report will include cost estimates and recommendations for
the design phase of the project that will be reviewed by City staff. Upon the issuance of a
notice to proceed, Bury + Partners-Houston, Inc., will complete the investigative
report within 90 calendar days. 2007A Certificates of Obligation will fund this project.
Bill Pedersen, representative for Bury + Partners Engineering Firm was present to answer
questions.
Council engaged in a brief discussion on the item.
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, Sheley, and Yepez
Mayor DonCarlos
Nays: None
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Minutes of the Regular Meeting— August 9, 2007
The motion carried.
ORDINANCE NO. 10,671
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING SERVICES ASSOCIATED WITH AN
INVESTIGATIVE REPORT FOR YEAR ONE OF THE 2007 STREET BOND
PROGRAM WITH BURY + PARTNERS-HOUSTON, INC.; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED
SIXTY THOUSAND SEVEN HUNDRED TWELVE AND NO/100 DOLLARS
($60,712.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance exempting the Bay Area Summer Fest '07 from the
application of the City’s Peddlers and Solicitors Ordinance.
Interim City Manager Leiper explained that the proposed Ordinance exempts the Bay
Area Summer Fest '07 from the application of the City’s Peddlers and Solicitors
Ordinance. The Bay Area Summer Fest '07 is a Christian music concert funded by the
Bay Area Ministerial Alliance. The event will be held in the San Jacinto Mall parking lot
on August 25, 2007, between the hours of 6:00 p.m. and 10:30 p.m. The Bay Area
Ministerial Alliance desires to invite approximately 12 open air vendors to the event to
sell and display for sale various items. The outdoor vendor ordinance requires permitting,
bonding, and insurance from each merchant selling goods or services at the event. A
variance from Chapter 74 of the Code of Ordinances is necessary if Council desires to
exempt the merchants from complying with such requirements. Granting the variances
contained in the proposed resolution is similar to the action Council took with respect to
the Bayshore Fine Rides event on Texas Avenue and Christmas on Texas Avenue.
Council Member Mahan moved to approve the Ordinance as submitted. Council
Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,672
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING A VARIANCE TO EXEMPT THE BAY AREA MINISTERIAL
ALLIANCE'S BAY AREA SUMMER FEST '07 FROM THE PROVISIONS OF
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Minutes of the Regular Meeting— August 9, 2007
CHAPTER 74 "PEDDLERS AND SOLICITORS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, amending Section 2 of Ordinance No. 10,645,
authorizing payment to Klotz Associates, Inc., in the amount of $230,000 for the
Third Amendment to the Professional Services Agreement for Year 4, of 2001 Street
Bond Program.
Interim City Manager Leiper explained that the Proposed Ordinance, amends Section 2 of
Ordinance No. 10,645, to authorize payment to Klotz Associates, Inc., in the amount of
$230,000 for the Third Amendment to the Professional Services Agreement for Year 4,
of 2001 Street Bond Program. This amendment is necessary due to the fact that the sum
of the individual items reflected in the preface for the last council meeting as well as the
corresponding ordinance was incorrect although the value of the individual items
specified in the preface was correct. Specifically, the preface and ordinance stated that
the total amount of the services was not to exceed $214,100. The actual "not to exceed"
amount should have been $230,000. This project is funded by 2005 General Obligation
Bonds.
Council Member Sheley moved to approve the Ordinance as submitted. Council
Member Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,673
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING SECTION 2 OF ORDINANCE NO. 10,645, ADOPTED BY THE CITY
COUNCIL ON JULY 12, 2007, TO AUTHORIZE PAYMENT IN AN AMOUNT NOT
TO EXCEED TWO HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS
($230,000.00) TO KLOTZ ASSOCIATES, INC., FOR ENGINEERING SERVICES
ASSOCIATED WITH FOR FINAL DESIGN, BIDDING, CONSTRUCTION AND
POST-CONSTRUCTION PHASE SERVICES FOR THE RECONSTRUCTION OF
WEST GULF, SCHILLING, CALDWELL, AND ROLLINGWOOD, FOR THE
ADDITION OF ARBORIST SERVICES FOR THE DESIGN OF KILGORE ROAD,
AND FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE
PERMITTING OF BOX CULVERTS UNDER KILGORE ROAD UNDER THE
TERMS AND CONDITIONS OF THE AMENDMENT AUTHORIZED IN THE
ORDINANCE HEREIN AMENDED; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Meeting— August 9, 2007
Consider Proposed Ordinance approving an Agreement for Professional Services
and Employment as City Manager with Garrison C. Brumback.
The Proposed Ordinance approves an Agreement for Professional Services and
Employment as City Manager with Garrison C. Brumback. On July 30, 2007 the City
Council offered the position of City Manager to Garrison C. Brumback of Clearwater,
Florida. Waters Consulting Group, the executive search firm hired by the City
Council, negotiated the agreement at Council's request.
Mayor DonCarlos explained that this item would be postponed until after the Executive
Session.
MOTIONS
Consider approving of plans and specifications and authorizing advertisement to
take bids for the construction of Fire Station #5.
Interim City Manager Leiper asked Council to consider approving the plans and
specifications and authorizing advertisement to take bids to construct the new fire station
No. 5, which will be located on Bayway Drive. The estimated construction cost for this
project is $1.5 million. The construction duration is 310 calendar days. Bids are
anticipated to be received in September and, pending the outcome of the bids, a
construction contract may be brought before Council at the September 27, 2007 meeting.
This project is funded with 2006 General Obligation Bonds and Capital Replacement
Funds.
Council Member Capetillo moved to approve the plans and specifications and the
advertisement to take bids for the construction of Fire Station No. 5. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Sheley, Yepez and Mahan
Mayor DonCarlos
Nays: None
The motion carried.
Consider approving plans and specifications and authorizing advertisement to take
bids for the Northeast Waste Water Treatment Plant Offsite - Phase II Project.
Interim City Manager Leiper asked Council to consider approving plans and
specifications and authorizing the advertisement to take bids for the Northeast
Wastewater Treatment Plant Offsite - Phase II Project. The scope of work for the project
is the installation of an eight inch diameter force main and a 18" and 21" gravity sewer
line from the Pinehurst Lift Station to the Northeast Waste Water Treatment Plant.
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Minutes of the Regular Meeting— August 9, 2007
The estimated construction cost for this project is $1.5 million. The construction duration
is 180 calendar days. The pre-bid conference and the bid opening will take place, on
August 24th and September 10th, respectively. Pending the outcome of the bids, a
construction contract may be brought before Council at the September 27, 2007 meeting.
The project is joint funded by the Water and Sewer Fund and the MDD through a TWDB
loan and Certificates of Obligation.
Council Member Capetillo moved to approve the plans and specifications and the
advertisement to take bids for the Northeast Waste Water Treatment Plant Offsite – Phase
II Project. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Sheley, Yepez and Mahan
Mayor DonCarlos
Nays: None
The motion carried.
Consider approving plans and specifications and authorizing advertisement to
take bids for the Massey Tompkins and Barkaloo Road Signalization Project.
Interim City Manager Leiper asked Council to consider approving plans and
specifications and authorizing advertisement to take bids for the Massey Tompkins and
Barkaloo Road Signalization Project. The scope of work for the project is to furnish and
install a complete signal system at an existing tee intersection which includes providing
concrete foundations, steel poles, signal heads, luminaires, controller and cabinets, loop
detectors, signing and striping. A non-actuated signal head will be installed to face the
private driveway that aligns with Barkaloo Road.
The estimated construction cost for this project is $87,531. The construction duration is
150 calendar days. The pre-bid conference and the bid opening will take place on August
27th and September 5th, respectively. Pending the outcome of the bids, a construction
contract may be brought before Council at the September 27, 2007 meeting. Funds for
this signal system project are budgeted in the General Fund.
Council Member Sheley moved to approve the plans and specifications and the
advertisement to take bids for the Northeast Waste Water Treatment Plant Offsite – Phase
II Project. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Sheley, Yepez and Mahan
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Meeting— August 9, 2007
CONSENT
Council Member Sheley moved to approve the Consent agenda items 5a through 5f.
Council Member Mahan seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance awarding the first renewal of the annual hot-mix
asphalt contract to Century Asphalt Ltd., in the amount of $98,000.
ORDINANCE NO. 10,674
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL HOT-MIX ASPHALT CONTRACT WITH CENTURY
ASPHALT, LTD., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF NINETY-EIGHT THOUSAND AND NO/100 DOLLARS ($98,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding the second renewal of the annual concrete
raising services contract in the amount of $71,890 to Superior Grouting Services,
Inc.
ORDINANCE NO. 10,675
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
RENEWING THE CONTRACT OF SUPERIOR GROUTING SERVICES, INC., FOR
THE ANNUAL CONCRETE RAISING CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-ONE
THOUSAND EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($71,890.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding the second renewal of the annual tire and
tube contract.
ORDINANCE NO. 10,676
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACTS OF JMB TIRE AND APPLIANCE COMPANY AND
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Minutes of the Regular Meeting— August 9, 2007
FULLERS TIRE COMPANY, INC., FOR THE ANNUAL TIRE AND TUBE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF EIGHTY-SEVEN THOUSAND FIVE HUNDRED FIVE AND 04/100
DOLLARS ($87,505.04); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding the first renewal of the annual portable
toilet rental services contract to American Sanitation Services, Inc., dba Am-Can, in
the amount of $33,122.
ORDINANCE NO. 10,677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS
RENEWING THE ANNUAL PORTABLE TOILET RENTAL SERVICES CONTRACT
WITH AMERICAN SANITATION SERVICES, INC., D/B/A AM-CAN AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY
THREE THOUSAND ONE HUNDRED TWENTY-TWO AND NO/100 DOLLARS
($33,122.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding the Tremco Roofing project contract for
307 South Main.
ORDINANCE NO. 10,678
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH PYRAMID
WATERPROOFING, INC., FOR THE 307 SOUTH MAIN TREMCO ROOFING
PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED NINE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($109,500.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving an interlocal agreement with the Baytown
Municipal Development District for the funding of certain engineering and design
services associated with the renovation of the Wayne Gray Sports Complex Pool and
the N.C. Foote Pool.
ORDINANCE NO. 10,679
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR FUNDING OF
ENGINEERING AND DESIGN SERVICES ASSOCIATED WITH THE
RENOVATION OF THE WAYNE GRAY SPORTS COMPLEX POOL AND THE N.C.
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Minutes of the Regular Meeting— August 9, 2007
FOOTE POOL WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an Industrial District Agreement with
Samson Controls, Inc.
ORDINANCE NO. 10,680
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
AN INDUSTRIAL DISTRICT AGREEMENT WITH SAMSON CONTROLS, INC.;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing an Industrial District Agreement with
Siemens Water Technology Corporation.
ORDINANCE NO. 10,681
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
AN INDUSTRIAL DISTRICT AGREEMENT WITH SIEMENS WATER
TECHNOLOGY CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution approving the budget of Economic Alliance Houston
Port Region for the first two contract years of the Economic Development Services
Agreement for Tourism and Promotion Services.
RESOLUTION NO. 1875
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN TEXAS,
APPROVING THE BUDGET OF ECONOMIC ALLIANCE HOUSTON PORT
REGION FOR THE FIRST TWO CONTRACT YEARS OF THE ECONOMIC
DEVELOPMENT SERVICES AGREEMENT FOR TOURISM AND PROMOTION
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider appointments to the Cedar Bayou Navigation District (2).
Mayor DonCarlos announced former Mayor Calvin Mundinger as his appointment to the
Cedar Bayou Navigation District Position 6, which is a 4 year term expiring in 2011.
Council Member Murray seconded the nomination and the vote is as follows:
Ayes: Council Members Murray, Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
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Minutes of the Regular Meeting— August 9, 2007
Nays: None
Council Member Mahan announced Mr. Jack Adcox as the Council’s appointment to the
Cedar Bayou Navigation District Position 7 which is a 6 year term expiring in 2013.
Council Member Capetillo seconded the nomination and the vote is as follows:
Ayes: Council Members Murray, Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
Nays: None
Consider appointments to the Baytown Fire Control, Prevention, Emergency
Medical Services District (3).
Council Member Murray moved to reappoint Terry Sain, to serve on the Baytown Fire
Control, Prevention, Emergency Medical Services District for another term to begin on
September 1, 2007 and end on September 1, 2009.
Council Member Capetillo moved to reappoint Frank McKay, III, to serve on the
Baytown Fire Control, Prevention, Emergency Medical Services District for another term
to begin on September 1, 2007 and end on September 1, 2009.
Council Member Mahan moved to reappoint Maurice Watts, to serve on the Baytown
Fire Control, Prevention, Emergency Medical Services District for another term to begin
on September 1, 2007 and end on September 1, 2009.
Council Member Sheley seconded the Motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
Consider appointments to the Baytown Crime Control and Prevention District (3).
Council Member Murray moved to reappoint Thomas P. McLaughlin, to serve on the
Baytown Crime Control and Prevention District for another term to begin on September
1, 2007 and end on September 1, 2009.
Council Member Mahan moved to reappoint Gary Cochran, to serve on the Baytown
Crime Control and Prevention District for another term to begin on September 1, 2007
and end on September 1, 2009.
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Minutes of the Regular Meeting— August 9, 2007
Mayor DonCarlos moved to reappoint Deborah Kaye Gutierrez, to serve on the Baytown
Crime Control and Prevention District for another term to begin on September 1, 2007
and end on September 1, 2009.
Council Member Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
EXECUTIVE SESSION
Recessed into and conducted an executive session pursuant to Government Code,
Section 551.074, to discuss the terms and conditions of the employment of the City
Manager.
Mayor DonCarlos announced at 7:07 p.m. that Council would recess into and conduct an
executive session pursuant to Government Code, Section 551.074, to discuss the terms
and conditions of the employment of the City Manager.
Mayor DonCarlos re-convened the special meeting at 7:29 p.m. and announced that no
action was taken in executive session.
Mayor DonCarlos called Council to consider, item 4.a.5 to consider the Proposed
Ordinance No. 070809-5, Approving the City Manager Contract with Garrison C.
Brumback.
Mayor DonCarlos called for a vote by acclamation. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, Sheley, and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,682
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES AND
EMPLOYMENT AS CITY MANAGER WITH GARRISON C. BRUMBACK; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Meeting— August 9, 2007
Discuss complaint concerning employee
Mayor DonCarlos tabled this item.
MANAGER'S REPORT
Interim City Manager Leiper informed Council of three announcements:
The Technical Adjustment handout explained the $18,000 invoice increase with
the City’s Contract with Harris County Appraisal District (HCAD) for their
services.
The Animal Control Division has been moved from the Police Department to the
Health Department.
The Sales Tax Report handout shows that the City is up in revenue 20% and as of
June 2007, the City approached the one million mark.
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Sheley
seconded the Motion. The vote follows:
Ayes: Council Members Murray, Capetillo, Mahan, Sheley and Yepez
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 7:31 p.m.
______________________________
Leticia Garza, Assistant City Clerk