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.
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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.
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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