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2008 05 08 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 8, 2008 The City Council of the City of Baytown, Texas met in regular session on May 8, 2008 at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Lena Yepez Council Member Brandon Capetillo Council Member Don Murray Council Member Sammy Mahan Council Member Stephen H. DonCarlos Mayor Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk Absent: Council Members Lynn Caskey and Scott Sheley. Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum present. Council Member Mahan led the Pledge of Allegiance. Pastor Brad Hoffmann provided the invocation. 1. MINUTES a. Considered approval of minutes of the April 24, 2008 Regular Meeting. Motion was made by Council Member Mahan, seconded by Council Member Capetillo to approve the minutes for the April 24, 2008 regular meeting as presented. The vote was as follows: Ayes: Council Members Capetillo, Mahan, and Mayor DonCarlos Nays: None Council Member Yepez abstained from voting due to her absence from the April 24, 2008 City Council Regular Meeting. The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS Page 2 of 13 Minutes of the Regular Meeting—May 8, 2008 a. Citizen Communication – Mr. Don Martin addressed the City Council concerning the taxi cab rates in Baytown. b. Citizen Communication - Mr. Millard Ray was not present to address the City Council concerning the City Zoning. c. Citizen Communication – Mr. Wajih Rekik was not present to address the City Council concerning Mediterranean Delight. The following citizens registered to speak at the City of Baytown City Council Regular Meeting: Ron Limbock, 600 W Sterling, Baytown, Texas. Brad Hoffmann, 600 W Sterling, Baytown, Texas. Victor Almendrez, 5322 Harbor Mist, Baytown, Texas. Recognized employees for their dedicated years of service to the City of Baytown: 5 years service: Michael Choate 10 years service: Gabriel Conejo, Bert Dillow and Scott Vice (unable to attend) 15 years of service: Terri Johnson (unable to attend), Linda Rodriguez and Jeffrey Hendricks 20 years of service: Magdalena Hinojosa (unable to attend) 3. ORDINANCES a. Ordinance 10,884 presented for the first reading of the annexing 127.6412 acres currently within the extra-territorial jurisdiction of the City of Baytown. Ordinance is the first reading of the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of Baytown and being described as the 127.6412- acre tract of land in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and the B. B. & C. Railroad Survey, Abstract 61, Chambers County, Texas, and being all of that certain tract 23.4590 acres (called 23.407 acres Tract 2) and all of that certain 92.8172 acres (called 92.706 acres Tract 3) conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 2, 2004, and recorded in volume 735 at page 648 of the official records of Chambers County, Texas; together with part of that certain 250 foot wide strip of land conveyed to Houston Lighting and Power Company by deed recorded in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that certain 25 foot wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land conveyed to Southern Pacific Railroad by deed recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas. The developer of two of the tracts desired to be annexed so that he can develop a Page 3 of 13 Minutes of the Regular Meeting—May 8, 2008 warehouse/distribution complex. There are two tracts that separate the property (HL&P and UPRR) that make it more efficient to annex the entire development as one involuntary annexation rather the two involuntary and two voluntary annexations. In the near future, this property will also be recommended for rezoning as Mixed Use and Light Industrial. Motion was made by Council Member Capetillo, seconded by Council Member Mahan approving Ordinance 10,884. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Mahan, and Mayor DonCarlos Nays: None The motion carried. ORDINANCE 10,884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 127.6412-ACRE TRACT OF LAND IN THE JACOB ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND THE B. B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED 23.407 ACRES TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED 92.706 ACRES TRACT 3) CONVEYED BY DAVID M. KADJAR, TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2, 2004, AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN 250 FOOT WIDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND POWER COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT CERTAIN 25 FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS, AND PART OF THAT CERTAIN 50-FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. b. Ordinance 10,885 authorized an exclusive negotiating agreement for the development and operation of a hotel/conference facility at Bayland Island with Patel Investment Group. City Manager Brumback summarized Ordinance 10,885. Page 4 of 13 Minutes of the Regular Meeting—May 8, 2008 The ordinance authorized an exclusive negotiating agreement for the development and operation of a hotel/conference facility at Bayland Island with Patel Investment Group. On April 7, 2008, the City of Baytown received a response to its request for proposals for the development and operation of a hotel/conference facility to be located on Bayland Island from the Patel Investment Group. The Patel Investment Group has experience in the hotel and hospitality industry throughout the United States. The company currently has plans on developing its 16th property and its first in Baytown along I-10. The minimum development standards specified in the request for proposals were as follows:  Full-service hotel of at least 120 guest rooms;  Meeting/function facilities capable of seating at least 500 for dinner and divisible into smaller event spaces;  Full-service catering/meal facilities with at least one full-service restaurant on-site; and  "Three-diamond” or higher rated facility by AAA. Under the proposed agreement, the City and the Patel Investment Group agree to negotiate diligently and in good faith to prepare a Ground Lease and Development Agreement for consideration by the City Council. The exclusive agreement is for a 90-day period which may be extended for an additional period of up to 90 days. Additionally, the agreement will be automatically extended an additional 30 days should Patel Investment Group submit an agreement for the Council's consideration. Within the first 45 days of the agreement, Patel Investment Group will submit:  a concept drawing for the development/site;  a statement of qualifications as a developer and operator of a hotel/conference center project;  detailed biographical and background information of the Developer;  a list of financial references; and  other information as may be reasonable requested by the City Manager. The agreement does not obligate the City to enter into any subsequent ground lease and development agreement with the Patel Investment Group. The agreement merely provides time in which the parties can discuss the proposed development and negotiate terms for the City Council's consideration. Motion was made by Council Member Mahan, seconded by Council Member Yepez approving Ordinance 10,885 subject to an Assumed Name filing. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Mahan, and Mayor DonCarlos Nays: None Page 5 of 13 Minutes of the Regular Meeting—May 8, 2008 The motion carried. ORDINANCE 10,885 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN EXCLUSIVE NEGOTIATING AGREEMENT WITH NARENDRA PATEL, CHHOTU PATEL, KEN PATEL AND SHASHIKANT MORRISWALLA, D/B/A INVESTMENT GROUP FOR THE DEVELOPMENT AND OPERATION OF A HOTEL/CONFERENCE FACILITY AT BAYLAND ISLAND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 10,886 authorized an agreement with Bay Area Ministerial Alliance, Inc., for advertising services for Summerfest 08, which will be held on August 23, 2008 at Bicentennial Parks. City Manager Brumback summarized Ordinance 10,886. The ordinance authorized an agreement with Bay Area Ministerial Alliance, Inc., for advertising services for Summerfest 08, which will be held on August 23, 2008, at Bicentennial Park. The City of Baytown received a request for funding from the Bay Area Ministerial Alliance for its Summerfest 08 festival. The proposed ordinance grants such request by authorizing an agreement for funding up to $15,000 of hotel occupancy tax revenues. Additionally, the ordinance granted to Bay Area Ministerial Alliance, Inc., a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur on Texas Avenue. Additionally, 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 in order to exempt such merchants from complying with such requirements. Approved the advertising agreement and granted the variances contained in the resolution and consistent with the action Council took with respect to the Annual Fine Rides Show on Texas Avenue and Christmas on Texas Avenue. Summerfest 08 is a Christian music festival that was held at San Jacinto Mall last year. It is moving to Bicentennial Park for 2008. Representatives for the Bay Area Ministerial Alliance were in attendance to answer any questions. Motion was made by Council Member Capetillo, seconded by Council Member Mahan to approve Ordinance 10,886. The vote was as follows: Page 6 of 13 Minutes of the Regular Meeting—May 8, 2008 Ayes: Council Members Yepez, Capetillo and Mahan Nays: None Mayor DonCarlos abstained from the vote. Conflict of Interest Affidavit on file. The motion carried. ORDINANCE 10,886 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES AND PROMOTION OF THE ARTS WITH BAY AREA MINISTERIAL ALLIANCE FOR ITS SUMMERFEST 08 FESTIVAL TO BE HELD ON AUGUST 23, 2008; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00); GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE REQUIREMENT FOR BAY AREA MINISTERIAL ALLIANCE’S SUMMERFEST 08 FESTIVAL CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT BAY AREA MINISTERIAL ALLIANCE’S SUMMERFEST 08 FESTIVAL FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance amended the zoning map by reclassifying a 52.7885-acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas. The ordinance amended the zoning map by reclassifying a 52.7885-acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and being all of the 50.4864 acre tract 1 conveyed by David M. Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by deed dated November 3, 2004 and recorded in volume 735 at page 648 of the official records of Chambers County, Texas; together with all of that certain 2.3021 acre tract of land conveyed by Delmar Wayne Brazell to J. G. Keeling and Sonya Keeling by deed dated November 3, 2004 and recorded in volume 738 at page 160 of the official records of Chambers County, Texas, from Mixed Use to Neighborhood Conservation. James Hutchison requested the zoning map amendment to reclassify the above-described 52.7885 acres 738 from Mixed Use to Neighborhood Conservation. The property has been recently annexed into the city limits. City Manager Brumback summarized the Ordinance. Page 7 of 13 Minutes of the Regular Meeting—May 8, 2008 This agenda item could not be voted on by the City Council with fewer than six Council Members present. e. Ordinance amended the zoning map by reclassifying Devinwood Subdivision Phase 1, Block 1, Lots 1-29 The ordinance authorized a zoning map by reclassifying Devinwood Subdivision Phase I, Block 1, Lots 1-29, Block 2, lots 1-20 Block 3, Lots 1-6 and Restrictive Reserve “C,” Devinwood Phase II, Block 4, Lots 1-47, Block 5, Lots 1-20, Block 6. Lots 1-34, Baytown, Chambers County, Texas from Mixed Use to Neighborhood Conservation. The City of Baytown is requesting that the Devinwood Subdivision, a residential development, be reclassified. City Manager Brumback summarized the Ordinance. This agenda item could not be voted on by the City Council with fewer than six Council members present. f. Considered Ordinance 10,887 authorized an Agreement for Promotional and Tourist Services with the Baytown Chamber of Commerce. City Manager Brumback summarized Ordinance 10,887. The ordinance authorized an Agreement for Promotional and Tourist Services with the Baytown Chamber of Commerce (the "Chamber"). Under the proposed agreement, the Chamber will advertise and conduct solicitations and promotional programs to attract tourists and convention delegates or registrants to the City. For such services, the City will pay $30,000 from its hotel occupancy tax revenues for the initial six-month term. Because this proposed agreement is to be funded by hotel occupancy tax revenues, the restrictions placed on such funds by state law are incorporated into the agreement, which restrictions include, in part, recordkeeping, apportionment limitations, restrictions on use, separate accounts, financial records, and quarterly and annual reports. This proposed contract is for six-months in order to align the contract term with the City's fiscal year. The agreement may be renewed for successive one-year terms if the Chamber requests an additional term and the City Council appropriates funds for the additional term. The Chamber is required to submit its budget in June of the calendar year before the commencement of any successive term in order for Council to include funds in its budget. This is similar to the agreement which the City currently has with the Chamber with the exception of the successive terms. Funding for this contract was included in the adopted HOT budget. Motion was made by Council Member Mahan, seconded by Council Member Capetillo to approve Ordinance 10,887. The vote was as follows: Page 8 of 13 Minutes of the Regular Meeting—May 8, 2008 Ayes: Council Members Yepez, Capetillo and Mahan. Nays: None Mayor DonCarlos abstained from this agenda item. Conflict of Interest Affidavit on file. The motion carried. ORDINANCE 10,887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR PROMOTIONAL AND TOURIST SERVICES WITH THE BAYTOWN CHAMBER OF COMMERCE; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. RESOLUTIONS a. Considered Resolution 1926 accepting a grant from Keep Texas Beautiful to provide funds to cleanup illegal dump sites, to enhance support for a registered Texas Waterway, Cleanup Program event, for educational/training activities, and/or for public education/outreach. Council Member Murray arrived at the Council meeting. City Manager Brumback summarized Resolution 1926. The resolution authorized the acceptance of a grant from Keep Texas Beautiful in the amount of $30,696 to cleanup illegal dump sites, to enhance support for a registered Texas Waterway Cleanup Program event, for educational/training activities, and/or for public education/outreach. The proposed resolution authorizes the City Manager to take further action that may be necessary to secure the grant. This grant does not require a City match. Motion was made by Council Member Capetillo, seconded Council Member Mahan to approve Resolution 1926. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, Mahan and Mayor DonCarlos Nays: None The motion carried. RESOLUTION 1926 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ACCEPTANCE OF A GRANT IN THE AMOUNT OF THIRTY Page 9 of 13 Minutes of the Regular Meeting—May 8, 2008 THOUSAND SIX HUNDRED NINETY-SIX AND NO/100 DOLLARS ($30,696.00) FROM KEEP TEXAS BEAUTIFUL TO PROVIDE FUNDS TO CLEAN UP ILLEGAL DUMP SITES, TO ENHANCE SUPPORT FOR A REGISTERED TEXAS WATERWAY CLEANUP PROGRAM EVENT, FOR EDUCATIONAL/TRAINING ACTIVITIES, AND/OR FOR PUBLIC EDUCATION/OUTREACH; AUTHORIZING THE CITY MANAGER TO TAKE FURTHER ACTION TO SECURE THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE b. Resolution 1927 authorized the City Manager to apply to the Texas Department of Health Services for the FY 2009 EMS Local Projects Grant for the purchase of two monitor defibrillators. City Manager Brumback summarized Resolution 1927. The resolution authorized the City Manager to apply to the Texas Department of Health Services for the FY 2009 EMS Local Projects Grant (LPG). The purpose of the LPG Program is to support and improve the development of the Texas Emergency Health Care System. The LPG Program provides money and technical assistance to eligible vendors for reimbursement of approved costs. If awarded, the funding is proposed to be used for the purchase of 2 E-Series Monitor Defibrillators in order to replace 2 that are past their recommended service life. The request will require a 50% funding match. The total grant request is $25,000 for the following: Equipment: 2 E-Series Monitor Defibrillators $ 25,000 each X 2=$50,000 Motion was made by Council Member Capetillo, seconded by Council Member Yepez to approve Resolution 1927. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, Mahan and Mayor DonCarlos Nays: None The motion carried. RESOLUTION 1927 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF HEALTH SERVICES FOR THE FY 2009 EMS LOCAL PROJECTS GRANT; AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. CONSENT Page 10 of 13 Minutes of the Regular Meeting—May 8, 2008 Motion was made by Council Member Mahan, seconded by Council Member Capetillo to approve consent items 5.a, 5.b and 5.c. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, Mahan and Mayor DonCarlos Nays: None The motion carried. a. Authorized advertisement to take bids for the Erosion Remedy – 3030 Ferry Road Closed Landfill Site Project. Erosion at the former East District Landfill was discovered several years ago and immediate testing was performed to ensure that no hazardous substances were leaching from the site. The tests were negative and the City has worked with consultants, Harris County Flood Control District and the U. S. Army Corps of Engineers to design a repair for the facility. The design is completed and approvals from the Corps of Engineers and Harris County Flood Control District have been received. This item will authorize advertisement to take bids for the Erosion Remedy - 3030 Ferry Road Closed Landfill Site Project. This project is funded in the CIPF. b. Ordinance 10,888 accepted the Texas Avenue Oak Tree Median Paving and Paving Project and authorizing final payment release to Total Site, Inc. The ordinance accepted the Texas Avenue Oak Tree Median Paving and Drainage Project and authorizes final payment in the amount of $139,757.92 to Total Site, Inc. The original contract was awarded to Total Site for $299,653.35 with the contract duration of 40 days. An increase of $30,544.75 was necessary due to field conditions concerning the root pattern of the tree and revised instruction from the Arborist, which brings the total cost of the project to $330,198.10. The project was completed in the allotted time. The contractor finished the project with satisfactory workmanship. This project was funded by the Street Maintenance Sales Tax and 2001 Drainage Bond Funds. ORDINANCE 10,889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE TEXAS AVENUE OAK TREE MEDIAN PAVING PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY- NINE THOUSAND SEVEN HUNDRED FIFTY-SEVEN AND 92.100 DOLLARS ($139,757.92) TO TOTAL SITE, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 10,889 approved and awarded the annual roll-off container services contract to the second low bidder. Page 11 of 13 Minutes of the Regular Meeting—May 8, 2008 The ordinance awarded the annual roll-off container services contract to the second low bidder, City Waste, L.P., in the amount of $156,520. This contract provides services to deliver, furnish, haul and dispose of the contents of roll-off containers. Containers will be used by the public for collection of junk, heavy trash, and building materials at the drop- off center; used for special events throughout the year; and used by various departments on a routine basis. The Council previously awarded this contract to the low bidder, Arrow Waste, Inc., and they have been given notice of termination as of May 30th due to non- performance of their contract. Non-performance of the contract includes items such as the company’s repeated failure to respond to telephone calls and emails from all departments requiring services. Services required were not performed in a timely manner. ORDINANCE 10,889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CITY WASTE, L.P., FOR THE ANNUAL ROLL-OFF CONTAINER SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED FIFTY-SIX THOUSAND FIVE HUNDRED TWENTY AND NO/100 DOLLARS ($156,520.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS City Council made appointments to the Tow Truck Committee. The Tow Truck committee is appointed by City Council and is composed of five (5) citizens who are not in the tow truck business. The Committee meets quarterly to hear grievances pertaining to enforcement procedures under the tow truck ordinance and to make recommendations to the City Council on policies needed to regulate tow trucks in the City. Appointments are generally made in April and are for two year terms. • Mr. Mitchell Pearce has served as a member of the board since March 8, 2007 and his current term expired in April 2008. Mr. Pearce desires re-appointment for the term to begin April 2008 and end on April 2010. • Mr. Lee Lombard has served as a member of the board since May 23, 1996 and his current term expired in April 2008. Establishing contact with Mr. Lombard to determine if he desires to be reappointed has been difficult and he has not returned our phone calls. Motion was made by Council Member Capetillo, and seconded by Council Member Yepez to appoint Ms. Eileen Hall and Ms. Vickie Woods to the Tow Truck Committee. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray and Mayor DonCarlos Nays: None Page 12 of 13 Minutes of the Regular Meeting—May 8, 2008 Council Member Mahan abstained from the vote. Conflict of Interest Affidavit on file. The motion carried. b. City Council confirmed the City Manager’s appointment of Human Resources Director Carol Flynt. City Manager Brumback presented this agenda item. The City Charter required that the City Council confirm the appointment of department heads by the city manager. Ms. Carol Flynt has served as Assistant Director of Human Resources for the past twelve years. For the past four months, Ms. Flynt has served as the Interim Human Resources Director and performed very well in this position. It is the City Manager's desire to appoint Ms. Carol Flynt as the Human Resources Director. Ms. Flynt's resume is attached. Since Ms. Flynt is married to a city employee who is under civil service, Ms. Flynt will not be the Civil Service Director. Kelvin Knauf, Assistant City Manager, has served as Civil Service Director since the departure of the previous Human Resources and Civil Service Director. If the City Council confirms the appointment of Ms. Flynt as Human Resouces Director, then Mr. Knauf will continue to serve as Civil Service Director. Motion was made by Council Member Mahan, seconded by Council Member Yepez to confirm Human Resources Director Carol Flynt. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, Mahan and Mayor DonCarlos Nays: None The motion carried. c. City Council confirmed the City Manager’s appointment of Chief of Police Keith Dougherty. City Manager Brumback presented this agenda item. The City Charter required that the City Council confirm the appointment of department heads by the city manager. Mr. C. Keith Dougherty has served in the Baytown Police Department for more than 25 years, as a Police Captain for more than 4 years, and as Interim Chief of Police since February. It is the City Manager's opinion that Mr. Dougherty is very well qualified to serve as Chief of Police and his desire to make that appointment. Mr. Dougherty's biography was attached. Motion was made by Council Member Mahan, seconded by Council Member Capetillo to confirm Chief of Police Keith Dougherty. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Murray, Mahan and Mayor DonCarlos Page 13 of 13 Minutes of the Regular Meeting—May 8, 2008 Nays: None The motion carried. 7. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated hereinbelow, if any. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council did not convene into Executive Session. 8. MANAGER'S REPORT a. City Manager Garrison Brumback notified the City Council of the May 22, 2008 City Council Regular Meeting being changed to May 19, 2008. The City Council Regular Meeting scheduled for Thursday, May 22, 2008 will be changed to the Council Special Meeting scheduled for Monday, May 19, 2008 to allow for the Canvassing of the General/Special Election scheduled for Saturday, May 10, 2008. Items normally considered on the regular May 22nd meeting will be considered at the May 19, 2008 meeting. 9. ADJOURN Motion was made by Council Member Capetillo, seconded by Council Member Mahan to move to adjourn the meeting. The vote was as follows: Ayes: Council Members Yepez, Capetillo, Mahan and Mayor DonCarlos Nays: None The motion carried and the meeting adjourned at 6:59 P.M. ______________________________ Kaythie Darnell, City Clerk