2008 07 10 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN
July 10, 2008
The City Council of the City of Baytown, Texas met in regular session on July 10, 2008
at 6:30 P.M. in the Council Chambers of the City of Baytown with the following in
attendance:
Lynn Caskey Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen DonCarlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Council Member Lena Yepez was absent from the City Council Meeting.
6:30 P.M. Mayor DonCarlos convened the July 10, 2008 regular meeting with a quorum
present.
Council Member Capetillo led the Pledge of Allegiance to the United States of America
and the invocation.
1. MINUTES
a. Minutes - City Clerk
Motion was made by Council Member Capetillo, seconded by Council Member Sain
approving the minutes from the June 5 Special City Council Meeting; June 12 City
Council Work Session; and the June 26 City Council Regular Meeting.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
Page 2 of 15
2. RECOGNITIONS AND CITIZENS’ COMMUNICATIONS
a. Recognition - Presentation of the Youth of the Month Award
Presentation of the Youth of the Month Award was made to Chris Wurzbach, a recent graduate of Ross
S. Sterling High School.
b. Citizens’ Communication - Ms. Shirley Smith
Ms. Shirley Smith was not in attendance.
c. Citizens’ Communication - Mr. Ken Williamson
Mr. Ken Williamson addressed City Council to protest the City spending $ 75,000.00 in tax
dollars for a bus service in Baytown & Harris County.
3. ORDINANCES
a. Contract: Collective Bargaining Contract - Administration.
Ordinance 10,914 amended the Collective Bargaining Agreement with the International
Association of Firefighters Local 1173.
The three-year Collective Bargaining Agreement (CBA) approved last year calls for the re-opening of
the agreement annually to establish wages for the upcoming year. It also allows for re-opening of other
items by mutual consent.
The bargaining sessions were conducted solely by City staff and local Union representatives. Only
two bargaining sessions were necessary to reach agreement on the limited scope of items discussed. The
City's bargaining team was City Attorney Ignacio Ramirez, Police Legal Advisor Danny Jackson and
Deputy City Manager Bob Leiper.
The CBA is being presented for ratification by the membership in the Baytown Professional
Firefighters Association prior to the Council meeting. The CBA adjusted salaries for members in the
bargaining unit to match the "Market" as defined in the three-year agreement. The CBA also revised
the administration of the "Union Business Leave Bank" to make it simpler to manage and clarifies
certain functions. The amount of time contributed each month by the members and the use of the time is
not changed. A "cap" on leave bank hours was added.
City Manager Brumback summarized Ordinance 10,914.
Staff recommended approval.
Motion was made by Council Member Sain, seconded by Council Member McCartney
approving Ordinance 10,914. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Page 3 of 15 Minutes of the Regular Meeting – July 10, 2008
Mayor DonCarlos.
Nayes: None
The motion carried.
ORDINANCE 10,914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE AMENDMENT TO THE COLLECTIVE BARGAINING
AGREEMENT FOR OCTOBER 1, 2007 – SEPTEMBER 30, 2010, BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Variance: Gracemont House Parking Variance - Planning.
Ordinance 10,915 granted a variance regarding the minimum parking requirements for Gracemont
House Apartments.
Gracemont House requested a variance from Section 126-386 Site Standards (b) of the City of Baytown
Code of Ordinances reduce the parking requirements from the required 2.25 parking spaces per
dwelling unit to 1.57 parking spaces. Gracemont House is located on the south side of Ward Road, east
of North Alexander Drive.
Section 126-386 Site Standards required a minimum of 2.25 parking spaces per dwelling unit. Based
on the number of dwelling units at Gracemont, 32 parking spaces are required. If the variance is
granted, Gracemont will have 22 parking spaces.
Section 126-386(c) of the Code of Ordinances states:
Controlled income and rent housing may be approved upon recommendation by the Commission and
approval of the City Council, utilizing the following criteria:
1. The site must be approved by the federal agency responsible for financing, and the
contemplated project must be subject to income limitations set forth in the federal
regulations;
2. Density allowances will take into consideration family sizes and ages of intended
occupants; and
3. Parking requirements may be adjusted by the commission with the approval of the City
Council to fit demonstrated demand in similar projects.
The applicant has asserted that the development is an income-controlled federal-funded project for
elderly and disabled residents which meet the standard of Section 126-386.
The Planning and Zoning Commission on June 18, 2008, considered the variance and unanimously
recommended approval.
Page 4 of 15 Minutes of the Regular Meeting – July 10, 2008
Ordinance 10,915 granted the variance to Gracemont House, Inc.; however, the variance will expire
should Gracemont House, Inc., fail to obtain building permits within 180 days of the adoption of the
ordinance.
City Manager Brumback summarized Ordinance 10,915.
Staff recommended approval.
Motion was made by Council Member Sain, seconded by Council Member Capetillo approving
Ordinance 10,915 as presented. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
ORDINANCE 10,915
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING GRACEMONT HOUSE, INC., A VARIANCE FROM SECTION 126-386(B) OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REDUCE THE PARKING
REQUIREMENTS FROM THE REQUIRED 2.25 PARKING SPACES PER DWELLING
UNIT TO 1.57 PARKING SPACES PER DWELLING UNIT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Bond Contract: Phase 4, Districts 1 & 3 - Engineering.
Ordinance 10,916 awarded a construction contract in the amount of $937,101.75 to D & W Contractors,
Inc., for the 2001 Street Bond Program Phase IV - Districts 1 & 3 Project. The bids included a base bid
for asphalt pavement and an alternate bid for concrete pavement. D & W Contractors, Inc., did not bid
the asphalt pavement option. The only asphalt pavement bid was from Angel Brothers at a higher price
of $1,054,515. The recommendation is the contract be awarded based on the alternate bid of concrete
pavement. The scope of work includes replacing the pavement on West Gulf Avenue, Schilling Avenue,
Caldwell Street, and Rollingwood Drive to address the base failure and cracking along the alignments.
In addition, each storm sewer, sanitary sewer, and water line crossing under these streets will be
replaced due to the age and to prevent future pavement cuts. The engineers estimated construction cost
for asphalt pavement was $1,258,885.50 and for concrete pavement was $1,333,787.50. Three bids
were received at the bid opening on June 3, 2008 at 2:00 p.m. in the Council Chambers. The letter of
recommendation and the bid tabulation sheet from the engineer are attached. The construction duration
is 150 calendar days. Funds are available for this project from various GO bond issues from 2001 bond
authorization.
City Manager Brumback summarized Ordinance 10,916.
Staff recommended approval.
Page 5 of 15 Minutes of the Regular Meeting – July 10, 2008
Motion was made by Council Member Capetillo, seconded by Council Member McCartney
approving Ordinance 10,916 as presented. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
ORDINANCE 10,916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH D & W CONTRACTORS, INC., FOR
THE 2001 STREET BOND PROGRAM PHASE IV – DISTRICTS 1 & 3 PROJECT BASED
ON THE ALTERNATE BID OF CONCRETE PAVEMENT; AUTHORIZING PAYMENT OF
A SUM OF NINE HUNDRED THIRTY-SEVEN THOUSAND ONE HUNDRED ONE AND
75/100 DOLLARS ($937,101.75); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Contract: Award East Wye Drive and Felton Drive Paving Project.
Ordinance 10,917 awarded the East Wye Drive and Felton Drive Paving Project to D&W Contractors,
Inc.
Ordinance 10,917 awarded a construction contract to D&W Contractors, Inc. for the East Wye Drive
and Felton Drive Paving Project. The bid amount for the contract was $157,000.00. The scope of work
includes the removal and replacement of approximately 2,000 square yards of concrete pavement
located at the end of Wye Dr. This will provide continuous access to the Fire Department
Administration building, Maintenance facility and Police Academy/EOC. The construction duration for
this Project is 60 calendar days. This project is funded by the Street Maintenance Sales Tax.
City Manager Brumback summarized Ordinance 10,917.
Staff recommended approval.
Motion was made by Council Member Sain, seconded by Council Member Caskey approving
Ordinance 10,917 as presented. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
Page 6 of 15 Minutes of the Regular Meeting – July 10, 2008
ORDINANCE 10,917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH D & W CONTRACTORS, INC. FOR
THE EAST WYE DRIVE AND FELTON DRIVE PAVING PROJECT; AUTHORIZING
PAYMENT OF A SUM OF ONE HUNDRED FIFTY-SEVEN THOUSAND AND N0/100
DOLLARS ($157,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. RESOLUTIONS
a. Application: U.S. Department of HUD for 2008-09 CDBG Funds - Planning.
Resolution 1937 authorized application to the United States Department of Housing and Urban
Development for the 2008-09 Community Development Block Grant funds. The resolution also
designates the City Manager as the authorized representative to accept and affirm any grant awarded as
a result of the application. The City must submit an annual application and proposed Action Plan to the
United States Department of Housing and Urban Development to receive the CDBG Entitlement grant.
The Community Development Advisory Committee (CDAC) and Staff reviewed eighteen (18)
proposals and separately formulated funding recommendation for the 2008-09 CDBG Action Plan. The
CDAC presented their recommendation to City Council at their June 12th work session. City Council
comments were used to draft the Staff recommendation. Staff recommends not to fund the Sidewalk,
Alleyway, and Curb Repair Program this year and to increase funds to the Baytown Family YMCA for
the Swim Safe Program by $416 over the CDAC recommendation. City Council makes the final
decision concerning the activities and level of funding contained in the CDBG budget, which will be
submitted as the 2008-09 CDBG Action Plan. The proposed CDBG projects and budgets are attached.
City Manager Brumback summarized Resolution 1937.
Staff recommended approval.
Motion was made by Council Member Sheley, seconded by Council Member McCartney approving
Resolution 1937 as presented. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
Page 7 of 15 Minutes of the Regular Meeting – July 10, 2008
RESOLUTION 1937
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 HOUSING AND URBAN DEVELOPMENT FOR THE 2008-
2009 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; 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. Resolution: authorized representatives for the TexPool - Finance.
Resolution 1938 amended the Authorized Representatives for the Texas Local Government Investment
Pool (“TexPool”).
Resolution 1938 recognized Andrea S. Deaton as an Authorized Representative for the Texas Local
Government Investment Pool (“TexPool") and reauthorized. In addition, Rhonda Ball will be
reauthorized for inquiry capabilities. In order to be an Authorized Representative for the Texas Local
Government Investment Pool (“TexPool"), they must be an approved Investment Officer by the City
Council. The Investment Policy submitted August 23, 2007 authorized Ms. Deaton as an Investment
Officer.
City Manager Brumback summarized Resolution 1938.
Staff recommended approval.
Motion was made by Council Member Capetillo, seconded by Council Member Caskey approving
Resolution 1938 as presented. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
RESOLUTION 1938
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL
GOVERNMENT INVESTMENT POOL; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Grant Application: U.S. Department of Justice – Police Department.
Resolution 1939 authorized the City to submit a grant application to the U.S. Department of Justice for
the FY 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to fund training and
directed overtime in the Police Department.
Page 8 of 15 Minutes of the Regular Meeting – July 10, 2008
Resolution 1939 authorized the City to submit a grant application to the U.S. Department of Justice for
the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, FY 2008 Local Solicitation. The
JAG Program is the primary provider of Federal criminal justice funding to state and local jurisdictions.
JAG funds support all components of the criminal justice system, from multi-jurisdictional drug and
gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment and
justice information sharing initiatives. If funded, the City will receive $11,113 for computerized
firearms training and dedicated overtime in the Police Department. This grant is a formula-based
allocation which requires no matching funds by the City.
City Manager Brumback summarized Resolution 1938.
Staff recommended approval.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo approving
Resolution 1939 as presented.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
RESOLUTION 1939
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE
APPLICATION THE UNITED STATES DEPARTMENT OF JUSTICE FOR FISCAL YEAR
2008 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF ELEVEN THOUSAND ONE
HUNDRED THIRTEEN AND NO/100 DOLLARS ($11,113.00); 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.
d. Council Rules of Procedure.
A resolution that amends Resolution 1906, regarding 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.
A resolution that amends Resolution No. 1906 which was adopted on December 13, 2007, regarding the
City Council's Rules of Procedures. The proposed amendment would exclude citizens’ communications
from those matters on which person desiring to speak to Council may register in the hallway before a
council meeting. According to the City Council's Rules of Procedure, before the rules can be amended,
the proposed amendment must be introduced before the City Council at a prior meeting. The City
Council discussed this amendment at its regular meeting on June 26th.
Page 9 of 15 Minutes of the Regular Meeting – July 10, 2008
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 in 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.
There was no action taken on this agenda item as a result of further discussion. The Council Rules of
Procedure will be re-considered at the July 24, 2008 City Council Meeting.
5. DISCUSSIONS
a. Receive FCPEMSD 2008-09 Budget.
Received the 2008-09 Fiscal Year Budget of the Baytown Fire Control, Prevention, and Emergency
Medical Services’ District.
The Board of Directors (the "Board") of the Baytown Fire Control, Prevention and Emergency Medical
Services District ("FCPEMSD") met on July 1, 2008, and approved the 2008-09 Fiscal Year Budget. In
accordance with the alternative budget procedures adopted by the FCPEMSD, the Board is required
to submit the budget to the City Council within 10 days after the budget is adopted. As such, this
agenda item acknowledges that the Board has submitted its budget and that the City Council has
received it.
After receipt of the budget by the City Council, the following will occur:
The City Clerk will publish notice of the City Council's Public Hearing for the proposed
budget (no later than 10 days before Public Hearing);
The City Council will hold a Public hearing on the proposed budget (no later than 45
days before October 1st); and
City Council must approve or reject the proposed budget (no later than 30 days before
October 1st)
o The City Council may not amend the proposed budget -- only approve or reject it.
o If the budget is rejected, the City Council and the Board shall meet and together
amend and approve the budget before October 1.
Page 10 of 15 Minutes of the Regular Meeting – July 10, 2008
City Manager Brumback summarized the FCPEMSD 2008-2009 Budget.
6. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Capetillo approving
Consent Agenda Items 6.a., 6.c., 6.d.,6.e. and 6.f. as presented.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
a. Ordinance: Second Renewal of the Annual Mosquito Control Chemical Contract #029-08.
Ordinance 10,918 awarded the second renewal of the annual mosquito control contract in the amount of
$62,520.00 as follows:
ADAPCO, INC. Items #8, 9 & 10
B & G EQUIPMENT COMPANY, INC. Items #3 & 7
PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY, INC. Items #1, 2, 4 and 5
All unit pricing has been adjusted to include the allowable Consumer Price Index increase of 4.2%.
Each company continues to provide excellent service for products delivered. The Health Department
monitors usage of this contract for mosquito control throughout the City.
Staff recommended.
ORDINANCE 10,918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL MOSQUITO CONTROL CONTRACT WITH B & G
CHEMICALS AND EQUIPMENT COMPANY, INC., FOR ITEM NOS. 3 AND 7; WITH
PUBLIC HEALTH EQUIPMENT & SUPPLY COMPANY, INC., FOR ITEM NOS. 1, 2, 4
AND 5; WITH ADAPCO, INC., FOR ITEM NOS. 8, 9, AND 10; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY-TWO
THOUSAND FIVE HUNDRED TWENTY AND NO/100 DOLLARS ($62,520.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. There was no Agenda item 6.b.
c. Ordinance: Construction Management Contract for the West District Waste Water Treatment
Plant Project.
Ordinance 10,919 authorized a construction management contract for the West District Waste Water
Treatment Plant Project with Post, Buckley, Schuh, & Jernigan, Inc. ("PBS & J"). Under the
Page 11 of 15 Minutes of the Regular Meeting – July 10, 2008
Agreement PBS & J will monitor the progress of the preconstruction services, construction services, the
plant start-up, and the project closeout, to assure conformance with the contract documents and proper
operation of the new facility. For these services, the City will pay PBS & J an amount not to exceed
$629,309.20, which includes $589,422 for services and $39,887.20 for reimbursables.
Staff recommended.
ORDINANCE 10,919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES ASSOCIATED WITH THE WEST
DISTRICT WASTEWATER TREATMENT PLANT PROJECT WITH POST, BUCKLEY,
SCHUH, & JERNIGAN, INC., AUTHORIZING PAYMENT IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED TWENTY-NINE THOUSAND THREE HUNDRED NINE AND
20/100 DOLLARS ($629,309.20); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance: CDBG Housing Rehabilitation Projects - Planning.
Ordinance 10,920 awarded MLG Construction Company the housing reconstruction project
located at 219 W. Jack.
Ordinance 10,920 awarded one housing reconstruction project to MLG Construction Company under
the Owner-Occupied Housing Rehabilitation Program for low-income persons. Notices of the bid
package were published in the Baytown Sun and mailed directly to ten approved contractors. Notices
were also posted with Construction Data, which is delivered to over 600 Houston area
contractors. Three contractors picked up the bid packages and attended the mandatory pre-bid
conference. One of the contractors submitted a bid and the other two submitted a "no bid".
The housing reconstruction project located at 219 W. Jack is proposed in the amount of $52,999 to
construct a three bedroom, one bath, 1,093 square foot, home. The existing 1,792 square foot home was
built in 1940 and requires extensive repairs to bring it into code compliance. The work write-up
estimate is $55,420, which exceeds the program's $25,000 limit to make repairs. This structure needs to
be demolished and rebuilt.
Staff recommended.
ORDINANCE 10,920
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AWARDING THE CONTRACT FOR THE HOUSING RECONSTRUCTION PROJECT
LOCATED AT 219 W. JACK TO MLG CONSTRUCTION COMPANY FOR THE SUM OF
FIFTY-TWO THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 DOLLARS
Page 12 of 15 Minutes of the Regular Meeting – July 10, 2008
($52,999.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Ordinance: CDBG Housing Rehabilitation Project - Planning.
Ordinance 10,921 awarded MLG Construction Company the housing rehabilitation project located
at 1301 Burbank.
Ordinance 10,921 awarded one housing reconstruction project to MLG Construction Company under
the Owner-Occupied Housing Rehabilitation Program for low-income persons. Notices of the bid
package were published in the Baytown Sun and mailed directly to ten approved contractors. Notices
were also posted with Construction Data, which is delivered to over 600 Houston area
contractors. Three contractors picked up the bid packages and attended the mandatory pre-bid
conference. One of the contractors submitted a bid and the other two submitted a "no bid".
The housing rehabilitation project located at 1301 Burbank is proposed in the amount of $21,200 to
repair the three bedroom, two bath, 1,638 square foot home. The 60 year old home requires major roof
work, including new decking and shingles, and replacing the rotted soffits and fascia boards.
Aluminum framed windows need to be installed for energy-efficiency and to replace the lead-based
wood frames. Insulation will be added to the attic and an operating heating system will be installed.
Some minor electrical and plumbing repairs are also necessary. Areas of the drywall and floor covering
are in need of replacement. The work write-up estimate is $21,572, which is within the $25,000 repair
limit to bring the structure into code compliance.
Staff recommended approval.
ORDINANCE 10,921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AWARDING THE CONTRACT FOR THE HOUSING REHABILITATION PROJECT
LOCATED AT 1301 BURBANK TO MLG CONSTRUCTION COMPANY FOR THE SUM
OF TWENTY-ONE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($21,200.00);
AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Ordinance: Construction Contract for Erosion Protection Installation at 3030 Ferry Road
Closed Landfill Site Project.
Ordinance 10,922 awarded a construction contract in the amount of $754,000 to Troy Construction,
LLC., for the Erosion Protection Installation at 3030 Ferry Road Closed Landfill Site Project. The
scope of work for the project is to install an articulating concrete block (ACB) erosion protection along
1,500 linear feet of the northern bank of Cedar Bayou at the Ferry Road Closed Landfill Site, located at
3030 Ferry Road. The bid tabulation sheet and the letter of recommendation from the engineer are
attached. The construction duration is 90 calendar days. Funds are available for this project from CIPF.
Staff recommended approval.
Page 13 of 15 Minutes of the Regular Meeting – July 10, 2008
ORDINANCE 10,922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH TROY CONSTRUCTION, LLC, FOR
THE EROSION PROTECTION INSTALLATION AT 3030 FERRY ROAD CLOSED
LANDFILL SITE PROJECT; AUTHORIZING PAYMENT OF A SUM OF SEVEN
HUNDRED FIFTY-FOUR THOUSAND AND NO/100 DOLLARS ($754,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
7. APPOINTMENTS
a. Boards and Commission Candidate's Criteria.
Discussed the candidate criteria for consideration for appointment to Boards and Commissions.
The City Council requested that candidate criteria be acted upon at the July 24, 2008 City Council
Meeting.
b. Baytown Municipal Development District Board.
Appointment to the Baytown Municipal Development District Board of Directors (1).
The Municipal Development District consists of Mayor, Council and four residents of the City
appointed at large. The appointees shall be residents of the City, may not have a personal interest in any
contract executed by the District, shall comply with Chapter 171, Texas Local Government Code, and it
is preferred that the member have experience in economic development, real estate and/or business
practices. These terms for the resident members are for two years. With the retention of Council seats,
Council Members must be officially reappointed to a new term on the board. A director may be
removed by the City at any time without cause. Successor directors are appointed in the same manner as
the original appointees.
Director Terry Sain has been elected to Baytown City Council. Therefore, according to the By-Laws of
the Municipal Development Board the City Council should appoint a Director to complete his
unexpired term as a resident member which will end on June 20, 2009.
Motion was made by Council Member Sain, seconded by Council Member Capetillo appointing Mr.
Ruben Linares to the MDD Board of Directors. .
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
Page 14 of 15 Minutes of the Regular Meeting – July 10, 2008
c. Library Board.
Appointment to the Library Board (1).
Motion was made by Council Member Caskey, seconded by Council Member Capetillo tabling the
appointment to the Library Board until the July 24, 2008 City Council Meeting. .
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
d. Baytown Area Water Authority Board.
Appointment to the Baytown Area Water Authority Board.
The Baytown Area Water Authority Board is composed of five directors, none of whom shall be a
member of City Council during his term of office. One director must reside outside the city limits of
Baytown but within the boundaries of the Authority. The term of office is for two years with two
members being appointed in even numbered years and three members being appointed during odd
numbered years. The board meets on the third Wednesday of each month at 8:00 a.m.
Mr. Dan Conejo, who served as a member of the board representing the "out-of-city" service area since
June 27, 2002, has resigned. A replacement appointment must be made to complete the remainder of
his term that expires on September 1, 2009, at which time the appointee will be eligible for
reappointment.
The BAWA Board recommends that Mr. Wayne Baldwin be appointed to the board to fill the vacancy.
Motion was made by Council Member Sain, seconded by Council Member Capetillo appointing Wayne
Baldwin to the Baytown Area Water Authority Board. .
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
e. Mayor Pro Tem - City Council.
Election of the 2008-2009 Mayor Pro Tem for the City Council of Baytown, Texas.
Considered the election of the Mayor Pro Tem for 2008-2009. Section 15 of the Charter of the City of
Baytown provides that the Council shall elect a Mayor Pro Tem who shall act as Mayor during the
absence or disability of the Mayor and, if a vacancy should occur, shall become Mayor until the next
regular election. A copy of the Mayor Pro Tem guidelines adopted by the City Council in 2006 are
attached.
Page 15 of 15 Minutes of the Regular Meeting – July 10, 2008
Motion was made by Council Member Caskey, seconded by Council Member Sain appointing Council
Member Brandon Capetillo as Mayor Pro Tem for 2008-2009. .
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
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 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.
9. MANAGER'S REPORT
10. ADJOURN
Motion was made by Caskey, seconded by McCartney adjourning the meeting.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley and
Mayor DonCarlos.
Nayes: None
The motion carried.
The July 10, 2008 City Council Regular Meeting adjourned at 7:34 P.M.
_____________________________________
Kaythie Darnell, City Clerk