Loading...
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 Page 2 of 16 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. Page 3 of 16 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 Page 4 of 16 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; Page 5 of 16 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 Page 6 of 16 Minutes of the Regular Meeting— August 9, 2007 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 Page 7 of 16 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 Page 8 of 16 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. Page 9 of 16 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. Page 10 of 16 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. Page 11 of 16 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 Page 12 of 16 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. Page 13 of 16 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 Page 14 of 16 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. Page 15 of 16 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. Page 16 of 16 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