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2008 06 26 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 26, 2008 The City Council of the City of Baytown, Texas met in regular session on June 26, 2008 at 6:30 P.M. in the Council Chambers of the City of Baytown with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Terry Sain Council Member Brandon Capetillo Mayor Pro Tem Garrison C. Brumback City Manager Robert D. Leiper Deputy City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk Council Members David McCartney and Scott Sheley and Mayor DonCarlos were absent from the meeting. 6:30 P.M. Mayor Pro Tem Capetillo convened the June 26, 2008 regular meeting with a quorum present. Council Member Sain led the Pledge of Allegiance to the United States of America and the invocation. 1. MINUTES a. Minutes from the June 12, 2008 City Council regular session. Motion was made by Council Member Sain seconded by Council Member Yepez approving the Minutes for the June 12, 2008 regular meeting as presented. The vote was as follows: Ayes: Council Members Yepez, Sain and Mayor Pro Tem Capetillo. Nayes: None Council Member Caskey abstained from the vote due to his absence at the June 12 meeting. The motion carried. Page 2 of 11 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Citizen's Communication - Ms. Shirley Smith: Ms. Shirley Smith was not in attendance to address the City Council concerning bus riders: shelters, free and/or reduced prices and ideas that could involve the Chamber of Commerce. b. Recognition - Presentation of the Youth of the Month Award - Parks and Recreation: Ignacio Ramirez, Jr. was presented the Youth of the Month Award, a recent graduate of Ross S. Sterling High School. c. Recognition - Employee Years of Service - Human Resources: Employees recognized for their dedicated years of service to the City of Baytown included: Rebecca Luckey, 5 year recognition; Charles Murrell, 20 year recognition and Jack Ivy 20 year recognition. d. Recognition - Employee of the Month - Human Resources: Linda Malak was recognized as the Employee of the Month. 3. ORDINANCES a. Ordinance 10,912 - Interlocal Agreement for Bus Service - Planning and Development: Ordinance 10,912 authorized an interlocal agreement with Harris County for circulator bus service in the City of Baytown. The ordinance authorizes an interlocal agreement with Harris County for circulator bus service in the City of Baytown. The proposed fixed route bus service within the City of Baytown is designed to enhance regional mobility and support transit services within the County and Baytown. Under the agreement, the obligations of the parties are as follows: Baytown Obligations: 1. Provide, equip, and make available for use in regard to services hereunder transit stops at all locations chosen by the County; 2. Provide advertising on the City of Baytown municipal television channel informing the general public of the available of transit services in the community; 3. Provide information inserts in the City water bills or in its monthly City of Baytown Newsletter advertising the service; and 4. Provide all required Local Operating Funds for the cost of the service during the twelve months of service, up to a maximum of $75,000.00. County Obligations 1. Operate the Fixed Route Bus Service in the City of Baytown; 2. Provide necessary transit vehicles through the use of outside contractors; and 3. Collect and retain the fares as follows; provided that the County may enter into agreements as it may deem necessary and proper to provide for bus services to be provided otherwise than by payment of such fees: - Adult (12 years and older) $1.00 each way - Children 2 years to 11 years $ .50 each way - Seniors (65 and older with identification) $ .50 each way - Disabled (With identification) $ .50 each way - Children under 2 years Free - Certified Demand Response Eligible Passengers $2.00 each way Lee College has also approved an interlocal agreement with the County and will match Baytown's contribution. City Manager Brumback summarized Ordinance 10,912. Motion was made by Council Member Caskey seconded by Council Member Yepez approving Ordinance 10,912 as presented. The vote was as follows: Ayes: Council Members Yepez, Caskey, Sain, and Mayor Pro Tem Capetillo. Nayes: None The motion carried. ORDINANCE 10,912 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 10,913 - Workers Compensation Contract - Human Resources: Ordinance 10,913 authorized an agreement with AS&G Claims Administration, Inc., as the Third Party Administrator for the administration of the City's Workers' Compensation Program and authorizing an agreement with Midwest Employers Casualty Company for the City's Excess Workers' Compensation Insurance Program. Over the last 20 years, the City of Baytown has had Workers Compensation coverage through the Texas Municipal League Intergovernmental Risk Pool utilizing several alternate payment arrangements in an attempt to control the cost of workers compensation insurance to the City. Currently, the City has a $300,000.00 deductible per claim and also pays a yearly premium for the service. Our premium costs continue to increase as our claim dollars, number of claims, and severity of claims continue to decrease. A normal trend should correlate premiums to claims experience and amount paid per claim. In the past 3 fund years, TML has incurred no monetary loss; but on average, they have increased the premium by 207% in the same time frame. The City has, in essence, self funded the plan while paying a premium larger than necessary as an administrative fee. The City prepared and marketed a Request for Proposals that allows the City to self fund its workers' compensation coverage by using a Third Party Administrator to pay the claims and stop loss excess coverage to protect the City against a large loss. By electing the proposal that we have, the City is saving $132,850. The total amount of the Third Party Administration Services is $25,135.00 per year and the Excess Coverage is $51,306.00 per year. City Manager Brumback summarized Ordinance 10,913. Motion was made by Council Member Sain seconded by Council Member Caskey approving Ordinance 10,913 as presented. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. ORDINANCE 10,913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH AS&G CLAIMS ADMINISTRATION, INC., AS THE THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF THE CITY’S WORKERS’ COMPENSATION PROGRAM; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND ONE HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($25,135.00) FOR THE SERVICES ASSOCIATED WITH THE CITY’S WORKERS’ COMPENSATION PROGRAM; AUTHORIZING THE ACQUISITION FROM MIDWEST EMPLOYERS CASUALTY COMPANY OF THE CITY’S EXCESS WORKERS’ COMPENSATION INSURANCE; AUTHORIZING PAYMENT IN THE AMOUNT OF FIFTY-ONE THOUSAND THREE HUNDRED SIX AND NO/100 DOLLARS ($51,306.00) FOR THE EXCESS WORKERS’ COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. RESOLUTIONS a. Resolution 1933 - Annexation - Planning and Development: Resolution 1933 directed the City staff to prepare a service plan for the annexation of a 360.22-acre tract of land located west of Barkuloo Road, East of Garth Road, North of Archer Road and South of Interstate 10 in Harris County, Texas. The resolution directs the City staff to prepare service plans for the proposed annexation of a 360.22-acre tract of land in the Directing the preparation of a service plan that provides for the extension of full municipal services to the area annexed is a prerequisite for all annexations exempted from the annexation plan requirements. The annexation is located south of Interstate 10 west of N. Main including the adjacent right-of-way and a parcel acre tract of land on the east side of N. Main. This annexation will bring this developing area under City growth and development plans and includes the new Second Baptist Church property. The church has requested annexation. Additional property along N. main will be brought forward for annexation as the utility system is extended to this area. A map of the proposed annexation is attached. City Manager Brumback summarized Resolution 1933. Motion was made by Council Member Caskey seconded by Council Member Sain approving Resolution 1933 as presented. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. RESOLUTION 1933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING THE PREPARATION OF SERVICE PLAN FOR A 360.22 – ACRE TRACT OF LAND, WEST OF BARKULOO ROAD, EAST OF GARTH ROAD, NORTH OF ARCHER ROAD AND SOUTH OF INTERSTATE 10, LOCATED IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Grant Application - Fire Department:Staffing: Resolution 1934 authorized the City to submit a grant application to the U.S. Department of Homeland Security for its Staffing for Adequate Fire and Emergency Response Grant in order to hire additional firefighters. The resolution authorizes the City to submit an application to the U.S. Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response ("SAFER") Grant . The SAFER Grant was created to provide funding directly to fire departments and volunteer firefighter interest organizations in order to help them increase the number of trained, "front-line" firefighters available in their communities. If awarded, the funds will be used to help with the staffing of Fire Station #6. City Manager Brumback summarized Resolution 1934. Motion was made by Council Member Sain seconded by Council Member Yepez approving Resolution 1934 as presented. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. RESOLUTION 1934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR A FIVE-YEAR STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE GRANT IN THE AMOUNT OF NINE HUNDRED SEVENTY-FIVE THOUSAND FOUR HUNDRED TWENTY AND NO/100 DOLLARS ($975,420.00) IN ORDER TO HIRE ADDITIONAL FIREFIGHTERS; AUTHORIZING MATCHING FUNDS OVER THE PERIOD OF THE GRANT IN THE AMOUNT OF ONE MILLION SIX HUNDRED FORTY-TWO THOUSAND SIX HUNDRED ONE AND NO/100 DOLLARS ($1,642,601.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. DISCUSSION a. Amendment - Rules of Procedure - City Council: Discussed an amendment to the City Council Rules of Procedure to exclude citizens’ communications from those matters in which persons desiring to speak to Council may register in the hallway before a Council Meeting. According to the City Council's Rules of Procedure, before such rules can be amended, the proposed amendment must be introduced before the City Council at a prior meeting. The proposed amendment is as follows: 6. ORDER OF BUSINESS 6.2 The order for the Agenda is as follows: (e) Citizen Communications. IV. Items on the agenda. Any person desiring to address Council regarding an item on the agenda (save and except a citizen communication) may do so by registering on the form provided I the hallway leading to the City Council Chambers. Each citizen’s remarks will be limited to three (3) minutes, unless the time is extended by a majority vote of the Council. This amendment reflects the long-standing procedure of the City Council prior to the December 13, 2007 amendment. The City Council Members discussed the options and concerns for citizens’ communications. Council Member Yepez conveyed her concern that the City Council was obligated to listen to the citizens; however, she voiced her concern with time limits being established and enforced which could prove to be more effective. Council Member Sain questioned if the amendment would prevent citizens or exclude citizens from signing up in the hall prior to the City Council meeting. City Manager Brumback replied that citizens would still the opportunity to sign up before each City Council meeting. City Manager Brumback continued by stating that the intent is for citizens to engage the City Council as opposed to each other. The amendment would curtail citizens signing up and speaking on subject matters or agenda items that other citizens had requested. Council Member Caskey stated that the intent for the citizens’ communication agenda item is for the citizens to communicate to the City Council as opposed to debating each other. 6. CONSENT Motion was made by Council Member Caskey, seconded by Council Member Sain approving agenda items 6.a and 6.b as presented. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. a. Resolution - HIDTA Grant - Finance: Resolution 1935 authorized the City Manager to accept an Office of National Drug Control Policy (ONDCP) 2008 grant as to the Houston High Intensity Drug Trafficking Area Program and authorizing the City Manager to take all further actions necessary to implement the grant. The resolution authorized the City Manager to accept an Office of National Drug Control Policy (ONDCP) 2008 grant as to the Houston High Intensity Drug Trafficking Area (HIDTA) Program and authorizes the City Manager to take all further actions necessary to implement the grant. On May 10, 2007, Council approved an application for a grant from the ONDCP in connection with the HIDTA Program, and an agreement between City of Baytown and the ONDCP for this grant. The agreement will expire, and the proposed agreement replaces this agreement and will be in effect for a period of one year. This agreement is substantially the same as the agreement currently in effect. The proposed grant totals $883,263.00 for program administrative costs plus allowable indirect costs to the City of Baytown. The Police Department is acting as the manager agent for this federal project. The Deputy Coordinator provides review of the Houston HIDTA funded initiatives and travels to other HIDTA(s) to review their administrative procedures in order to provide guidance for developing effective procedures for the Houston HIDTA. Funds are available through the Office of National Drug Control Policy. This program will be funded 100% by the Federal Government and matching City funds are not required. This will be the fourteenth year of the program. RESOLUTION 1935 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION THE DEPARTMENT OF JUSTICE FOR A 2008 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF EIGHT HUNDRED EIGHTY-THREE THOUSAND TWO HUNDRED SIXTY-THREE AND NO/100 DOLLARS ($883,263.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Grant Application - Fire Department:Chemical: Resolution 1936 authorized the City to submit a grant application to the Federal Emergency Management Agency's Commercial Equipment Direct Assistance Program for the purchase of a Chemical Detection Kit for the Fire Department. The resolution authorized the City to submit a grant application to the Federal Emergency Management Agency's Commercial Equipment Direct Assistance Program (CEDAP) for the purchase of a Chemical Detection Kit for the Fire Department. CEDAP complements the FEMA National Preparedness Directives by enhancing regional response capabilities, mutual aid, and interoperable communications. The program provides technology and equipment, together with training and technical assistance to public safety agencies in smaller jurisdictions and certain metropolitan areas. If awarded, the funding will be used to purchase a Chemical Detection Kit which will assist the Haz-Mat team in quickly identifying unknown chemical threats. RESOLUTION 1936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM IN THE AMOUNT OF TWENTY- FIVE THOUSAND AND N0/100 DOLLARS ($25,000.00) FOR THE PURCHASE OF A CHEMICAL DETECTION KIT FOR THE FIRE DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTTIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Appointments - Baytown Crime Control and Prevention District Board (1) The Baytown Crime Control and Prevention District Board is a seven member Board appointed by City Council to serve staggered two year terms. Members of the Board must reside in the City of Baytown but do not have to reside within the district of the Council member who appoints them. Board Member Thomas McLaughlin, who was nominated by Councilman Don Murray, has tendered his resignation from the Board May 1, 2008. An appointment must be made to complete the remainder of his term which will expire on September 1, 2009. At the expiration of this term, the appointee will be eligible for reappointment. This position on the Board will be nominated by Council Member Sain and appointed by the Council. Page 2 of 11 Before assuming the duties of the office, each director or officer must execute a bond for $5000 payable to the district, conditioned on the faithful performance of the person’s duties as director or officer. Motion was made by Council Member Sain seconded by Council Member Yepez approving the appointment of Joe Whitehead to the Baytown Crime Control and Prevention District Board. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. 8. 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 hereinabove, 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. There was no executive session. 9. MANAGER'S REPORT a. July 4th Celebration The Parks and Recreation Department announced the schedule and entertainment line up for this year's 3rd and 4th of July Celebration. 10. ADJOURN Motion was made by Council Member Yepez, seconded by Council Member Caskey adjourning the City Council regular meeting. The vote was as follows: Ayes: Council Members Yepez, Caskey, Sain and Mayor Pro Tem Capetillo. Nayes: None The motion carried. _______________________________ Kaythie Darnell, City Clerk