2008 08 28 CC Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
August 28, 2008
The City Council of the City of Baytown, Texas met in a regular meeting on August 28,
2008 at 6:30 P.M. in the Council Chamber of the City of Baytown with the following in
attendance:
Lena Yepez Council Member
Lynn Caskey Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Bob Lepier Deputy City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
6:30 P.M. Mayor DonCarlos convened the August 28, 2008 regular meeting with a
quorum present.
Council Member Lynn Caskey led the Pledge of Allegiance to the United States of
America and the Invocation.
1. MINUTES – City Clerk
a. Considered approval of the minutes for the August 12, 2008 special City
Council meeting and August 18, 2008 special City Council meeting.
Motion was made by Council Member Sheley, seconded by Council Member
McCartney approving the minutes from the August 12, 2008 special City Council
meeting and the August 18, 2008 special City Council meeting.
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None.
Council Member Caskey recused himself from the vote as a result of an absence.
The motion carried.
Page 2 of 16 Minutes of August 28, 2008
The following presentations proceeded agenda item 1.a.:
Kenneth Magidson, Interim District Attorney Harris County, presented a check in
the amount of $151,812.79 to Police Chief Dougherty for the purchase of
surveillance system.
John David Wahrlich presented a donation in the amount of $3,157.00 supporting
the Eddie V. Gray Wetlands Education and Recreation Center.
The Agenda Item 3.c. Public Hearing followed the above presentations.
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Citizens’ Communication – Ms. Shirley Smith.
Ms. Shirley Smith was not in attendance at the City Council Meeting to speak concerning
the Circulator Bus System and baggy pants.
b. Citizens' Communication - Mr. Artie Presley.
Mr. Artie Presley addressed City Council to follow up on the need for an annual ethics
review for the offices of the City Mayor, City Council, City Manager, Deputy City
Manager, Assistant City Manager, City Attorney and the City Clerk.
c. Citizen Communication - Mr. Chris Presley.
Mr. Chris Presley addressed City Council concerning the organizational capacity of the
City of Baytown.
d. Employee of the Month.
Ms. Sandra Sarchet was recognized as the Employee of the Month for the City of
Baytown.
e. Years of Service Awards.
Recognized employees for their dedicated years of service to the City of the Baytown.
Employee recognized for five (5) years: Darlene Estrada;
Employees recognized for ten (10 years: Jack Baskin and Donald Rymer;
Employees recognized for thirty (30) years: Carol Howell.
Page 3 of 16 Minutes of August 28, 2008
f. Recognition: Welcome New Firefighters.
Welcomed two new firefighters to the City of Baytown: Jeff MacGeorge and Gary
Carlton.
3. PUBLIC HEARINGS
a. Public Hearing (First): 0.3814 acre tract.
Conducted the first public hearing on the annexation of a 0.3814-acre tract of land
situated in Lot 9, Block 22 of the Highland Farms Subdivision, situated in Harris County,
Texas, as recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas,
in the T. Ristergen Survey, Abstract 1425, Harris County, Texas and being out of a part
of certain called 15.095-acre tract of land.
Notices of the first public hearings were published in the August 18, 2008 issue of the
Baytown Sun and were posted on the City of Baytown’s website on August 18, 2008
City Manager Brumback summarized the agenda item.
7:15 P.M. Mayor DonCarlos opened the public hearing.
There were no citizens signed up to speak.
7:17 P.M. Mayor DonCarlos closed the public hearing.
b. Public Hearing (Second): 0.3814 acre tract.
Conducted the second public hearing on the annexation of a 0.3814-acre tract of land
situated in Lot 9, Block 22 of the Highland Farms Subdivision, situated in Harris County,
Texas, as recorded in Volume 10 at Page 47 of the Map Records of Harris County, Texas,
in the T. Ristergen Survey, Abstract 1425, Harris County, Texas and being out of a part
of certain called 15.095-acre tract of land.
Notices of the first public hearings were published in the August 18, 2008 issue of the
Baytown Sun and were posted on the City of Baytown’s website on August 18, 2008
City Manager Brumback summarized the agenda item
7:17 P.M. Mayor DonCarlos opened the public hearing.
Mr. Paul Tittsworth, 7547 Decker, signed up to speak to the City Council.
7:18 P.M. Mayor DonCarlos closed the public hearing.
Agenda Item 3.b. was followed by Agenda Item 4.a.
Page 4 of 16 Minutes of August 28, 2008
c. Public Hearing: 6:45 P.M. City of Baytown Proposed 2008-2009 Fiscal Year
Budget.
Conducted a public hearing regarding the City of Baytown Proposed 2008-2009 Fiscal
Year Budget.
Conducted the Public Hearing on the City of Baytown Proposed 2008-2009 Fiscal Year
Budget (6:45 P.M.) Texas Local Government Code, Section 102.006 requires City
Council to hold a public hearing on the proposed budget. Any person of the municipality
may attend and may participate in the public hearing. The public hearing must be held
after the 15th day after date the proposed budget is filed with the City Clerk, but before
the governing body makes its tax levy. The Proposed Budget was filed with the City
Clerk on July 24, 2008. Notice of the public hearing was published in The Baytown Sun
on August 19, 2008.
Technical adjustments to the 2008-2009 Fiscal Budget were discussed.
City Manager Brumback summarized the agenda item.
6:47 P.M. Mayor DonCarlos opened the public hearing.
Mr. Bob Crunk, 201 Timberland, Baytown, Texas, relinquished his time to Mr.
Haarmeyer.
Ms. Gloria Bashrum, 8102 Bayside, Baytown, Texas relinquished her time to Mr.
Haarmeyer.
Mr. James Haarmeyer, 8102 Bayside, Baytown, Texas provided a handout and spoke to
the City Council.
6:53 P.M. Mayor DonCarlos closed the public hearing.
Agenda Item 2.a. followed Agenda Item 3.c.
4. PROPOSED ORDINANCES
a. Ordinance 10,950: Art Gallery Lease.
Ordinance 10,950 authorized a lease agreement with the Art League of Baytown,
Incorporated, (the “League”) for the property located at 110 W. Texas Avenue. The
property will be restricted for use as an art gallery, which will promote tourism and the
convention and hotel industry in the City. The lease is generally the same as the lease
which the City entered into with the Bay Area Heritage Society for the museum property
located at 220 West Defee Street in 2004. The lease is for a term of twenty-five years.
Under the lease, the League is to operate the art gallery free of charge to the public and
Page 5 of 16 Minutes of August 28, 2008
for a minimum of 20 hours a week. Similar to the museum lease, the League is
responsible for operating and maintenance costs.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 10,950. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 10,950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A LEASE AGREEMENT WITH
THE ART LEAGUE OF BAYTOWN, INCORPORATED, FOR THE
PROPERTY LOCATED AT 110 W. TEXAS AVENUE FOR USE AS
AN ART GALLERY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. PROPOSED RESOLUTIONS
a. Accept Harris County DA Grant - Police Department.
Resolution 1942 authorized the acceptance of a grant in the amount of $151,812.79 from
the Harris County District Attorney for the purchase of a surveillance system and
recording equipment for use in undercover criminal investigations. The Police
Department applied to the Harris County District Attorney for seized funds that could
be used by law enforcement agencies to aid in the investigation, arrest, and prosecution of
those charged with crimes. The City was awarded these funds for the exclusive purchase
of a surveillance system and recording equipment for use in undercover criminal
investigations. This equipment will increase officer safety and enhance prosecutions with
additional evidence and updated technology. No matching funds are required.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Resolution 1942. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 6 of 16 Minutes of August 28, 2008
RESOLUTION 1942
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE ACCEPTANCE OF A
GRANT IN THE AMOUNT OF ONE HUNDRED FIFTY-ONE
THOUSAND EIGHT HUNDRED TWELVE AND 79/100 DOLLARS
($151,812.79) FROM THE HARRIS COUNTY DISTRICT ATTORNEY
FOR THE PURCHASE OF A SURVEILLANCE SYSTEM AND
RECORDING EQUIPMENT FOR USE IN UNDERCOVER CRIMINAL
INVESTIGATIONS; AUTHORIZING THE CITY MANAGER TO
TAKE FURTHER ACTION TO SECURE THE GRANT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Accept Wetlands Center Donation - Parks and Recreation.
Resolution 1943 accepted a $3,157 donation from John David Wahrlich supporting the
Eddie V. Gray Wetlands Education and Recreation Center. Mr. John David Wahrlich
with Boy Scout Troop 266 did a bulrush planting project for his Eagle Scout project. He
raised $3,157 for the project and also received a donation of the bulrush plants from NRG
Energy. He generously donated the money he raised to the Wetland Center as the center
was the entity named as the key beneficiary of his project.
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Resolution 1943. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1943
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING A THREE THOUSAND ONE
HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($3,157.00)
CONTRIBUTION FROM JOHN DAVID WAHRLICH SUPPORTING
THE EDDIE V. GRAY WETLANDS EDUCATION AND
RECREATION CENTER; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
c. Annexation petition concerning 7547 Decker Drive.
Considered granting the petition for annexation of a 0.679-acre tract of land out of Lot 3,
Block 1, Lakewood Heights, a subdivision in the Nathaniel Lynch Survey, according to
the map of said subdivision recorded in Volume 15 at Page 6 of the Map Records of
Harris County, Texas.
Page 7 of 16 Minutes of August 28, 2008
The proposed resolution grants the petition of Joseph P. Tittsworth for the proposed
annexation of a 0.679-acre tract of land out of Lot 3, Block 1, Lakewood Heights, a
subdivision in the Nathaniel Lynch Survey, according to the map of said subdivision
recorded in Volume. 15 at Page 6 of the map records of Harris County, Texas.
The applicant is requesting annexation so that he can market the property for sale as
being in the city limits of Baytown for commercial development. The property is located
south of Interstate 10, at 7547 Decker Drive. A map of the proposed annexation was
attached. This area of the ETJ and in particular this parcel is not served by water and
sewer. The surrounding area is all unincorporated south of Interstate 10, east of Crosby
Lynchburg Road.
Motion was made by Sain, seconded by Caskey denying the granting of the petition for
annexation of a 0.679-acre tract of land out of Lot 3, Block 1. Lakewood Heights.
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
6. MOTIONS
a. Approval of plans for the Wayne Gray Sports Complex Family Aquatic
Center.
Considered approval of plans for construction of the Wayne Gray Sports Complex
Family Aquatic Center and authorize advertisement for bids.
The city will replace the existing Sports Complex Pool with a new Family Aquatic
Center. The 4.5-acre project will include two zero-beach areas, a mat racer slide, a 671
foot long x 12 foot wide lazy river, themed play pieces, three lap lanes and bowl slide.
The aquatics center will also feature a surfing machine called a flow rider and several
other smaller slides. Other components of the Aquatics Center will include a bathhouse
and concession building and the build out of the Rotary Club of Baytown Pavilion. The
project will include 44 additional parking spaces. Park crews and Public Works crews
will demolish the existing pool, one tennis court, three old softball fields,
concession/restroom buildings and the Gray Center prior to the start of construction. The
project will be advertised on September 21, 2008. A pre-bid conference is planned for
October 7, 2008 with the bid opening set for October 23, 2008. Bids are planned to be
presented to Council for approval on November 25, 2008. Construction is expected to
begin in January with completion in the spring of 2010. Construction is expected to take
12 to 14 months.
Page 8 of 16 Minutes of August 28, 2008
The Citizens Bond Advisory Committee reviewed the plans at their July 29th meeting
and endorsed the project. The Parks and Recreation Advisory Board approved the plans
at their August 6, 2008 meeting and recommended Council’s approval.
This project is funded through a combination of GO bonds, MDD bonds and Hotel-Motel
Tax funds.
Motion was made by Sheley, seconded by Council Member Capetillo approving plans for
construction of the Wayne Gray Sports Complex. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
7. REPORTS
a. Received Annual Tourism Report from the Chamber of Commerce.
Received the Annual Tourism Report from the Chamber of Commerce from Ms. Tracey
S. Wheeler, President and CEO.
A representative from the Chamber of Commerce presented the annual report of the
activities performed under the Tourism Promotion, Bayou Bowl and NHRA Race
Week contracts.
b. Received the City of Baytown Investment Report and Financial Report for
the period ending June 30, 2008.
Received the quarterly Investment Report and Financial Report for the period ending
June 30, 2008, for the City of Baytown from Ms. Andrea Deaton, Interim Finance
Director.
The City of Baytown's Investment Report and Financial Report for the quarter ending
June 30, 2008, were submitted for review. The reports were scheduled to be reviewed by
the Council Finance Subcommittee on August 26, 2008.
8. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Consent Agenda Items: 8.a., 8.b., 8.c., 8.d., 8.e. and 8.f. The vote was as
follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Page 9 of 16 Minutes of August 28, 2008
Nayes: None.
The motion carried.
a. Ordinance 10,951: 2nd Renewal of Annual Sludge Disposal Contract #012-08
- Purchasing.
Considered Ordinance 10,951 awarding the second renewal of the Annual Sludge
Disposal Contract.
Ordinance 10,951 awarded the second renewal of the Annual Sludge Disposal Contract to
Sprint Logistics Management, LLC, in the amount of $290,160. Sprint Logistics,
formerly called Rustin Transportation, submitted a written request to renew the current
contract for the same pricing, terms and conditions. Price per cubic yard is $27.90. This
contract is used for the collection, hauling, and disposal of processed sewage sludge at
each of the three (soon to be four) City of Baytown Wastewater Treatment Plants. Rustin
Transportation continues to provide excellent service.
ORDINANCE 10,951
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE
DISPOSAL CONTRACT WITH SPRINT LOGISTICS
MANAGEMENT, LLC, F/K/A RUSTIN TRANSPORTATION
COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND
ONE HUNDRED SIXTY AND NO/100 DOLLARS ($290,160.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ordinance 10,952: Professional Services Agreement for Architectural
Services related to the design on the Fire Station #6 Project - Engineering.
Ordinance 10,952 authorized a Professional Services Agreement for the architectural
services related to the design on the Fire Station No. 6 Project with Brown Reynolds
Watford Architects, Inc., in an amount not to exceed $228,500, which consists of
$213,000 for Basic Services, $13,500 for architect's consultant's charges and $2,000 for
reimbursable expenses. This project will consist of schematic design / programming,
design development, construction documents of an approximately 10,000 square foot
facility, including all associated site work. The architect will also assist city staff with
bidding, contract award, and construction administration. Upon the issuance of a notice to
proceed, Brown Reynolds Watford Architects, Inc. (BRW) Inc., will complete the design
services within 180 calendar days. 2008 GO Bonds fund this project. Engineering
recommends approval.
Page 10 of 16 Minutes of August 28, 2008
ORDINANCE 10,952
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH BROWN REYNOLDS WATFORD
ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES RELATED
TO THE DESIGN ON THE FIRE STATION NO. 6 PROJECT;
AUTHORIZING FUNDS IN A TOTAL AMOUNT NOT TO EXCEED
TWO HUNDRED TWENTY-EIGHT THOUSAND FIVE HUNDRED
AND NO/100 DOLLARS ($228,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 10,953: Professional Services Agreement for Consulting Services
related to the concept design on the Fire Training Center Project - Engineering.
Ordinance 10,953 authorized a Professional Services Agreement for consulting services
related to the concept design on the Fire Training Center Project with Abercrombie
Planning + Design, in an amount not to exceed $102,040,
which consists of $94,540 for Basic Services and $7,500 for reimbursable expenses
related to the Master Plan/Conceptual Phase. This project will consist of a Master Plan
Study for Construction, Business Plan Development, Strategic Plan, Site Civil
Engineering Study and an Animated Fly Through of the Conceptual Site Plan and
Models. It is expected that the contract services will be completed within 15 months
after a notice to precede is issued. The Fire Control, Prevention, and Emergency Medical
Services District will fund this project. Engineering recommends approval.
ORDINANCE 10,953
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH ABERCROMBIE PLANNING + DESIGN FOR
CONSULTING SERVICES RELATED TO THE CONCEPT DESIGN
ON THE FIRE TRAINING CENTER PROJECT; AUTHORIZING
FUNDS IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED
TWO THOUSAND FORTY AND NO/100 DOLLARS ($102,040.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance 10,954: Annual Demolition of Structures Contract, #033-08 -
Purchasing.
Ordinance 10,954 awarded the Annual Demolition of Structures Contract to J.T.B.
Services, Inc., in the amount of $200,000.00. Invitations to bid were sent to twenty-three
contractors. We received ten bids and one no-bid. This is a new contract and includes
Page 11 of 16 Minutes of August 28, 2008
only residential demolition. The Planning and Development Services Department,
Community Development Division, will oversee demolition of structures under this
contract for the City. Included in this contract is the demolition work, if any, associated
with the FEMA buy-out project being managed by Emergency Service Coordinator, Bill
Vola. A minimum work order of 5,000 square feet will be packaged for the contractor for
performance of demolition services. The 5,000 square feet represents approximately 5
residential structures. The City will pay an “adder fee” in addition to square footage costs
for any demolition package less than 5,000 square feet that the city requires on an
emergency basis. Out of the ten bids received, five contractors have previous experience
with the City of Baytown. J.T.B. Services, Inc., has twenty-two years of experience, ten
of which are with the City. J.T.B. Services, Inc., has performed excellent service for the
City in the past. The most recent successful demolition by JTB Services, Inc., was the
Taft Circle Apartments Project.
ORDINANCE 10,954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF J.T.B. SERVICES,
INC., FOR THE ANNUAL DEMOLITION OF STRUCTURES
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF TWO HUNDRED THOUSAND
AND NO/100 DOLLARS ($200,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Ordinance 10,955: Annual Concrete Raising Services Contract #082-08 -
Purchasing.
Ordinance 10,955 awarded the Annual Concrete Raising Contract to Superior Grouting
Services of Texas, Inc., in the amount of $160,000. Invitations to bid were sent to four
suppliers and we received two bids and two no-bids. The contract requires the lifting and
stabilizing for all thickness up to and including six inches (6”) of concrete pavements
including curb and gutter, roadways, and driveway aprons. This contract provides
concrete raising services for purpose of eliminating swales, birdbaths and related
pavement failures on various concrete thoroughfares throughout the City.
ORDINANCE 10,955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SUPERIOR
GROUTING SERVICES OF TEXAS, INC., FOR THE ANNUAL
CONCRETE RAISING CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE
HUNDRED SIXTY THOUSAND AND NO/100 DOLLARS
($160,000.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 12 of 16 Minutes of August 28, 2008
f. Ordinance 10,956: 3rd Renewal of the Annual Tire and Tube Contract #055-
08 - Purchasing.
Ordinance 10,956 awarded the third renewal of the Annual Tire and Tube Contract to
JMB Tire and Appliance Company, Sections I-Police Tires, and IV and VI-Heavy Truck
Tires and Tubes, in the amount of $66,299.44; and to Fuller Tire Company; Sections II-
Passenger, Light Trucks, Medium Trucks, and Trailer Tires and Tubes; and Section III-
Off-Road Tires and Tubes; in the amount of $21,205.60. Total contract award is
$87,505.04. Both companies submitted written requests to renew their contract for the
same terms and conditions. Both companies offer assorted brands of tires the majority of
which are Goodyear tires. Each company notified the City to anticipate pass-thru price
increases from Goodyear effective August 1st. Both companies offer State pricing for all
Goodyear tires and tubes. Even with the allowable pass-thru increases to tires, the overall
award of bid shall remain the same. The awarded amount is sufficient based on
expenditures to date.
ORDINANCE 10,956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACTS OF JMB TIRE
AND APPLIANCE COMPANY AND FULLERS TIRE COMPANY,
INC., FOR THE ANNUAL TIRE AND TUBE CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF EIGHTY-SEVEN THOUSAND FIVE HUNDRED FIVE AND
04/100 DOLLARS ($87,505.04); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
9. APPOINTMENTS
a. Baytown Library Board Appointments.
Considered appointments to the Baytown Library Board (2).
The Baytown Library Board is a seven member board of qualified voters and residents
appointed by the City Manager with Council approval. Members shall serve two year
terms with four (4) members being appointed in odd numbered years and three (3)
members being appointed during even numbered years. Members may not serve more
than three (3) consecutive two-year terms.
The Library Board shall promulgate general rules and regulations covering the policies
and operations of the Library Department after the same have been studied and approved
by the City Council. The Library Board is authorized and directed to recommend one or
more librarians to the City Manager for his consideration. Also, working with the
Page 13 of 16 Minutes of August 28, 2008
Librarian and City Manager, they shall recommend the number, qualifications, and
salaries to be paid to the library staff.
Board Member Steve Ellis, has tendered his resignation from the Board effective
immediately. An appointment must be made to complete the remainder of his term which
will expire March 1, 2009. At the expiration of this term, the appointee will be eligible
for reappointment.
Board Member Ruben Linares, has tendered his resignation from the Board effective
immediately. An appointment must be made to complete the remainder of his term which
will expire March 1, 2010. At the expiration of this term, the appointee will be eligible
for reappointment.
Motion was made by Council Member Sheley, seconded by Council Member Yepez
appointing Cheryl Griffin and Gary Englert to the Baytown Library Board. The vote was
as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
b. Appointments: Parks and Recreation Advisory Board Members - Parks.
Considered appointment to the Parks and Recreation Advisory Board.
The Parks and Recreation Board is a seven member board appointed by the Mayor with
approval of City Council. It is composed of residents from the City of Baytown that serve
three year terms of office. The board meets on the first Wednesday of each month to
perform the functions duly delegated to it from time to time by the Council and by the
City Manager.
Mr. Wayne Gray has served as a member of the board since 1966 and his current term
will expire on August 31, 2008. Mr. Gray desires re-appointment for the term to begin on
August 31, 2008 and end on August 31, 2011. Mr. Gray attended all 36 Parks
and Recreation Advisory Board meetings the past three years.
Mrs. Lynne Foley has served as a member of the board since September 11, 2003 and her
current term will expire on August 31, 2008. Mrs. Foley does not desire to be
reappointed to the Board.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
appointing Wayne Gray and Augustin Loredo III. The vote was as follows:
Page 14 of 16 Minutes of August 28, 2008
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
10. 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 herein below, 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.
a. Contemplated Litigation concerning the Proposed Barge Terminal.
8:16 P.M. Mayor DonCarlos recessed into Executive Session.
Conducted an executive session pursuant to Government Code, Section 551.071 to seek
the advice of the City’s attorney about contemplated litigation concerning the proposed
barge terminal development along Cedar Bayou.
8:50 P.M. Mayor DonCarlos reconvened the City Council into regular session and
stated that no action was taken.
11. APPEALS
a. Appeal Hearing: 1800 N. Alexander Drive, Building 1, 3 and 5/Baytown
Retail, LLC - Planning.
Conducted an appeal hearing of Baytown Retail, LLC, of July 7, 2008 decision, of the
Urban Rehabilitation Standards Review Board, ordering the demolition of Buildings 1 &
5 and the repair of Building 3 located at 1800 N. Alexander Drive in Baytown, Texas.
The appeal of the Urban Rehabilitation Standards Review Board Orders was filed in the
Office of the Baytown City Clerk on July 9, 2008. This hearing was started on July 24,
2008 and was recessed on request of the owners for more time to assess their options and
to consider a redevelopment plan. The owners will either present their plan for Council
consideration or Council will resume the appeal hearing.
The City Council postponed/continued the hearing on Baytown Retail, LLC, until August
Page 15 of 16 Minutes of August 28, 2008
28, 2008 at Baytown Retail LLC's request. No further negotiations have taken place
since July 24.
b. Appeal Decision: 1800 N Alexander Drive, Building 1, 3 and 5/Baytown
Retail, LLC - Planning.
Considered affirming, reversing or modifying the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of Buildings Nos. 1 and 5 and the repair
of Building No. 3 located at 1800 N. Alexander Dr. in Baytown, Texas. (Baytown Retail,
LLC, appeal).
An appeal hearing was conducted on July 24, 2008 at the request of the owners. This
hearing was recessed on July 24, 2008, also on request of the owners. The appeal hearing
was reconvened on August 28, 2008.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo modifying the order subject to the agreement. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
c. Appeal Hearing: 707 Pamela Street, Baytown, Harris County, Texas -
Planning.
Conducted an appeal hearing of the action of the Urban Rehabilitation Standards Review
Board on August 4, 2008 ordering the demolition of the residential structure at 707
Pamela Street, Baytown, Harris County, Texas.
Bryan Fullen, son of the deceased property owners, is appealing the Urban Rehabilitation
Standards Review Board (Board) demolition order for 707 Pamela. The Board has held
five (5) hearings regarding the house at 707 Pamela, starting in March 2008. Since that
time, the Board has repeatedly given Mr. Fullen the benefit of the doubt and allowed him
time to establish ownership as an heir, which he has not done. The Board has granted
additional time for Mr. Fullen to work with at least two potential buyers and come
forward with a plan of action to remedy the defects on the house. Neither Mr. Fullen nor
the potential buyers have done so. Finally, on August 4, 2008, after months of working
with Mr. Fullen, the Board ordered the residential structure at 707 Pamela to be
demolished.
d. Appeal Decision: 707 Pamela Street, Baytown, Harris County, Texas -
Planning.
Page 16 of 16 Minutes of August 28, 2008
Consider affirming, reversing or modifying the decision of the Urban Rehabilitation
Standards Review Board ordering the demolition of the residential structure located at
707 Pamela Street, Baytown, Harris County, Texas.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
affirming the Urban Rehabilitation Standards Review Board ordering the demolition of
the residential structure located at 707 Pamela Street, Baytown, Harris County, Texas.
The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
12. ADJOURN
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
adjourning the August 28, 2008 regular meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
10:12 P.M. Mayor DonCarlos adjourned the regular City Council meeting of August 28,
2008.
_____________________________
Kaythie Darnell, City Clerk