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2008 11 13 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 13, 2008 The City Council of the City of Baytown, Texas met in a regular meeting on November 13, 2008 at 6:30 P.M. in the City Council Chamber’s of the City of Baytown with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Terry Sain Council Member David McCartney Council Member Scott Sheley Council Member Brandon Capetillo Mayor Pro Tem Garrison C. Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Kaythie Darnell City Clerk 6:32 P.M. Mayor Pro Tem Capetillo convened the November 13, 2008 regular meeting with a quorum present. Mayor DonCarlos was absent from the regular meeting of November 13, 2008. Pledge of Allegiance, Texas Pledge and Invocation led by Council Member Scott Sheley. 1. MINUTES a. Considered approval of the minutes from the October 2, 2008 Special Meeting, October 9 and October 23, 2008 Work Sessions and Regular City Council Meetings. Motion was made by Council Member Sain, seconded by Council Member McCartney th approving the minutes from the October 2, 2008 Special Meeting, the October 9 and October rd 23, 2008 Work Sessions and Regular City Council Meetings. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. Page 2 of 15 Minutes of the November 13, 2008 Regular Council Meeting The motion carried. 2. RECOGNITIONS AND CITIZENS COMMUNICATIONS a. Recognition: Presentation of the Youth of the Month Award. Presented the Youth of the Month Award to Chad Whitley, a senior at Ross Sterling High School. b. Citizens’ Communications - Mr. Ken Williamson. Mr. Ken Williamson addressed the City Council to protest Council's approval authorizing a raise for the City Manager. c. Citizens’ Communications - Mr. Artie Presley. Mr. Artie Presley addressed City Council concerning honor and accountability inside Baytown City Hall. Ms. Amy Runnell, 1605 E. Baker, Baytown, Texas and Ms. Larissa Dudley, 6033 Garth Road, Baytown, Texas both signed up to speak to the City Council and deferred their minutes to Ms. Angela Barton, 12331 FM 2354, Harris County. Ms. Barton failed to appear before the City Council to speak. d. Citizens’ Communications - Ms. Bobby Sutphin. Ms. Bobby Sutphin updated City Council on the progress of the Art Center Building. e. Citizens’ Communications - Mr. & Mrs. Ronald & Anna Nelson. Mr. & Mrs. Ronald & Anna Nelson addressed City Council regarding Recycling charges. f. Recognition: Years of Service Awards. Recognized employees for their dedicated years of service to the City: Valerie Holguin was honored for five years of service to the City of Baytown; Robert Felder was honored for 20 years of service to the City of Baytown; and Barry Hawkins was honored for 30 years of service to the City of Baytown. g. Recognition: Employee of the Month and Team of the Month. Page 3 of 15 Minutes of the November 13, 2008 Regular Council Meeting Mr. Malcolm Swinney was introduced and recognized as the Employee of the Month for October 2008. Recognized the October Team of the Month: Mike Flinn, Teri Hunt, Sandra Johnson, Donovan O’Connor and Jennifer Oakes. h. Recognition: Welcome new police officers - Police Department. Welcomed new police officers Jeffrey Smith and Dallas Bish. Mr. Joseph Miller was introduced and honored for his heroism in assisting with a crime at a HEB Grocery Store location. 3. PROPOSED ORDINANCES a. Northeast Wastewater Treatment Plant Change Order #3. City Manager Brumback summarized the agenda item and recommended approval. Ordinance 11,007 approved Change Order No. 3 to the Northeast Wastewater Treatment Plant Project with CSA Construction, Inc. This change order will increase the contract amount by $75,067.00. The original contract was awarded in the amount of $17,500,000.00, and Change orders 1 & 2 increased this amount by $46,315.00. The current contract value including Change order #3 is $17,621,382.00. This Change order will be used to install catwalks around the generator, add removable bollards, modify air piping, add a gate to rear of plant, add a vent to the cyclone feed piping, extend catwalks along the belt press, and add concrete paving to the access road for the water tower. Motion was made by Council Member Caskey, seconded by Council Member Yepez approving Ordinance 11,007. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. ORDINANCE 11,007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH CSA CONSTRUCTION, INC., FOR THE NORTHEAST WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SEVENTY-FIVE THOUSAND SIXTY- SEVEN AND NO/100 DOLLARS ($75,067.00); MAKING OTHER Page 4 of 15 Minutes of the November 13, 2008 Regular Council Meeting PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Agreement for Advertising Services with The Baytown Little Theater, Incorporated - Legal. Considered Ordinance 11,008 authorized an agreement with The Baytown Little Theater Incorporated for tourism-related advertising services for its production of Beauty and the Beast. City Manager Brumback summarized the agenda item and recommended approval. Ordinance 11,008 authorized an agreement with The Baytown Little Theater Incorporated for advertising services for its production of “Beauty and the Beast,” which will be held in Lee College Fine Arts Center in August of 2009. The City of Baytown received a request for funding from The Baytown Little Theater Incorporated, for such production. Ordinance 11,008 grants such request by authorizing an agreement for funding up to $15,000 of hotel occupancy tax revenues. The agreement is similar to that which the Council has approved for other events which are designed to promote tourism and the hotel industry in the City and its vicinity. The HOT-funded advertising will be regional and statewide to encourage travel to Baytown. Motion was made by Council Member Sain, seconded by Council Member McCartney approving Ordinance 11,008. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. ORDINANCE 11,008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN AGREEMENT FOR ADVERTISING SERVICES WITH THE BAYTOWN LITTLE THEATER INCORPORATED, FOR ADVERTISING SERVICES ASSOCIATED WITH ITS PRODUCTION OF "BEAUTY AND THE BEAST," WHICH WILL BE HELD IN LEE COLLEGE FINE ARTS CENTER IN AUGUST OF 2009; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Contract with the General Land Office for the Development and Construction of the Baytown Nature Center Crystal Bay Fishing Pier Project. City Manager Brumback summarized the agenda item and recommended approval. Page 5 of 15 Minutes of the November 13, 2008 Regular Council Meeting Ordinance 11,009 authorized a Sub-recipient Grant Agreement with the General Land Office for the development and construction of the Baytown Nature Center – Crystal Bay Shoreline Stabilization and Fishing Pier Project. The Parks and Recreation Department has been awarded a $165,450 grant (CMP - $99,450, City of Baytown - $66,300) from the General Land Office – Texas Coastal Management Program Cycle 13. The City of Baytown plans to construct a 500’ concrete rip-rap breakwater that connects to the existing breakwater on Burnett Bay (which was constructed using CMP Cycle 2 funding) to help control the ongoing erosion along the Crystal Bay shoreline. CMP funding is requested to address the goal of protecting and preserving a coastal natural resource area by sprigging a Spartina alterniflora salt marsh between the breakwater and the shoreline for additional erosion control. Additionally, a 100 foot t-head pier will be built over the breakwater into Crystal Bay, providing public access to the recreational and educational resources found at BNC. A shade structure and interpretive signage on the pier addressing coastal erosion issues will provide a small educational venue to teach the general public and students from surrounding school districts. A new 150 foot concrete trail will connect the existing parking area (also funded by CMP Cycle 2) to the new facilities. The Municipal Development District (MDD) approved the funding for the project plus an additional $50,000 to possibly expand the fishing pier further out into Crystal Bay at the September 4, 2008 meeting. The breakwater is not eligible for funding with the grant and will be funded with MDD dollars. A Corps of Engineers Permit will have to be obtained before construction can begin. The total project is estimated to cost $237,150. Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Ordinance 11,009. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. ORDINANCE 11,009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SUB-RECIPIENT GRANT AGREEMENT WITH THE GENERAL LAND OFFICE FOR THE DEVELOPMENT AND CONSTRUCTION OF THE BAYTOWN NATURE CENTER - CRYSTAL BAY SHORELINE STABILIZATION AND FISHING PIER PROJECT: Page 6 of 15 Minutes of the November 13, 2008 Regular Council Meeting AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF SIXTY-SIX THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($66,300.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Texas Commission on Environmental Quality annual Consolidated Water Quality Fees. Ordinance 11,010 approved the payment of the TCEQ fee for the City's four wastewater treatment plants including the new Northeast plant. City Manager Brumback summarized the agenda item and recommended approval. The Water Quality Assessment Fees that are proposed for approval by City Council are for funding of a State program to assess the quality of the river basins of the State. This is being done in response to the Clean Water Act on the federal level. Senate Bill 818 requires the TCEQ to recover the reasonable cost of the assessment program from wastewater treatment permit holders and water rights holders. The Consolidated Water Quality Fees assessed annually each October 31 in accordance with 30 TAC, Chapter 305, Subchapter M, is imposed on each permittee holding a permit under the Texas Clean Water Code Chapter 26. All fees shall be deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of the commission to administer water quality programs, consistent with the provisions of the Texas Water Code Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permits governing waste discharge and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specific in the permits. The fee for this year is $93,695.00 Motion was made by Council Member Sain, seconded by Council Member McCartney approving Ordinance 11,010. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Capetillo. Nayes: None. The motion carried. ORDINANCE 11,010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF NINETY- THREE THOUSAND SIX HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($93,695.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR THE ANNUAL CONSOLIDATED WATER QUALITY FEES FOR THE CITY'S FOUR WASTEWATER Page 7 of 15 Minutes of the November 13, 2008 Regular Council Meeting TREATMENT PLANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Purchase of two 2009 Chevrolet Impalas for the Police Department through H- GAC. Purchase of two 2009 Chevrolet Impalas for the Police Department through H-GAC. City Manager Brumback summarized the agenda item and recommended approval. Typically, at the beginning of the fiscal year, all vehicles are grouped together to present the purchase to Council at one time. Due to Hurricane Ike and the need to temporarily preserve capital until we receive reimbursements from insurance and/or FEMA, all vehicles will be released for purchase intermittently as their urgent need is established. Because generally Council would have approved vehicle purchase packages at the beginning of the year, for the remainder of this fiscal year Administration would like all vehicles to be brought to Council. Even though individually the purchases may be under the $50,000 threshold necessary for Council approval, Administration wants to ensure Council that purchases are not being split to circumvent state law or Council authorization. Prior to Administrations recommendation to bring all vehicle purchases to Council, two Ford vehicles were purchased from Philpott Ford through H-GAC. A 2009 Ford F-150 Supercrew for use in DOT, which replaces a 2001 Chevy Silverado with 111,551 miles and a 2009 Ford Expedition, for use in the Community Services Bureau as an enhancement to the fleet for the Crime Control Prevention District (CCPD), were purchased 10/29/2008. The cost of these vehicles, including the H- GAC fee was $21,348 and $22,882.86 respectively. This agenda item request Council to consider ordinance 11,011 authorizing the purchase of two 2009 Chevrolet Impalas for the Police Department from Caldwell Country Chevrolet, through H- GAC, in the amount of $40,960. The H-GAC fee of $600.00 is included in the total amount. One Impala replaces Unit #0067, a 2000 Impala with a mileage of 116,680. The other Impala is a new vehicle authorized as an enhancement for the CCPD. Both vehicles will be unmarked and utilized by Police Investigations. Motion was made by Council Member Caskey, seconded by Council Member Yepez approving Ordinance 11,011. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. Page 8 of 15 Minutes of the November 13, 2008 Regular Council Meeting ORDINANCE 11,011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY THOUSAND NINE HUNDRED SIXTY AND NO/100 DOLLARS ($40,960.00) TO CALDWELL COUNTRY CHEVROLET THROUGH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF TWO 2009 CHEVROLET IMPALAS FOR THE POLICE DEPARTMENT: MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS a. Receipt of Grant from the 100 Club for an armored vehicle - Police Department. City Manager Brumback summarized the agenda item and recommended approval. Resolution 1951 authorized the City Manager to accept a grant from The 100 Club for an armored vehicle. The Baytown Police Department made application with The 100 Club for a grant to acquire an armored vehicle costing $239,301. The vehicle will be used in SWAT operations to make rescues of officers and hostages in areas under active gunfire. Under the grant, the City will order the vehicle; confirm receipt of the vehicle in satisfactory condition and forward documentation to The 100 Club for payment. The City must affix The 100 Club’s logo to the vehicle and make it available to other law enforcement agencies in the area. Motion was made by Council Member Yepez, seconded by Council Member Caskey approving Resolution 1951. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. RESOLUTION 1951 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE 100 CLUB FOR AN ARMORED VEHICLE COSTING TWO HUNDRED THIRTY-NINE THOUSAND THREE HUNDRED ONE AND NO/100 DOLLARS ($239,301.00): AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Resolution 1952: FEMA Funding Authorization, Hurricane IKE. Page 9 of 15 Minutes of the November 13, 2008 Regular Council Meeting Considered Resolution 1952 authorizing the City Manager and the Emergency Management Coordinator to register with, apply for, approve, and accept any State of Texas or Federal applications and funding, grants, or reimbursements related to or arising from Hurricane IKE, FEMA-3294-EM, and FEMA-1791-DR declarations. City Manager Brumback summarized the agenda item and recommended approval. As a result of the direct impact of Hurricane IKE, Baytown has been authorized to apply for grants, funding, and reimbursement opportunities from the State of Texas, FEMA, and other associated federal agencies or entities. Many of these opportunities have very short notices and compressed application periods. There will also be many individual applications for funding through the Project Worksheets, Hazard Mitigation Grants, and other similar and diverse processes that will require individual signatures and monitoring. Resolution 1952 authorizing the City Manager and alternately the Emergency Management Coordinator to register with, apply for, approve, and accept any funding, grants, or reimbursements arising from Hurricane IKE, FEMA-3294-EM, and FEMA-1791-DR. NOTE: These numbers are the FEMA designations for the Presidential Declaration of a State of Emergency (FEMA-3294-EM) and the Presidentially declared disaster (FEMA-1791-DR) related to IKE. This authorization will allow the City to rapidly respond to the multitude of applications and react to short notices to maximize the City's efforts to apply for and secure funds and to accept FEMA and other state of Texas or federal agency funds related to and arising from Hurricane IKE. The City Manager and the Emergency Management Coordinator will keep the Council informed of the progress of these Hurricane IKE related grants, funds, and reimbursements. Motion was made by Council Member Yepez, seconded by Council Member Sain approving Resolution 1952. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. RESOLUTION 1952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER AND THE EMERGENCY MANAGEMENT COORDINATOR TO REGISTER WITH AND MAKE Page 10 of 15 Minutes of the November 13, 2008 Regular Council Meeting APPLICATIONS TO THE STATE AND FEDERAL GOVERNMENTS FOR FUNDING, GRANTS AND REIMBURSEMENTS RELATED TO OR ARISING OUT OF HURRICANE IKE, FEMA 3294-EM AND FEMA 1791-DR DECLARATIONS; AUTHORIZING SUCH PERSONS TO ACCEPT OR AFFIRM ANY FUNDS, GRANTS AND/OR REIMBURSEMENTS THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MOTIONS a. Authorization to advertise West District Wastewater Treatment Plant Expansion Project. City Manager Brumback summarized the agenda item and recommended approval. Approves plans and specifications and authorizes advertisement for the West District Wastewater Plant Expansion Project. The scope of work for this project consists of the construction of a new 4.6 MGD wastewater treatment plant adjacent to the existing plant. The new plant will be complete with onsite lift station, head works, sludge processor, final clarification, chlorination, and discharge. The construction duration for this project is 630 calendar days and the estimated construction cost is $30,000,000. Motion was made by Council Member Caskey, seconded by Council Member Yepez approving the plans and specifications and authorizes advertisement to take bids for the west District Wastewater Plant Expansion Project. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. 6. CONSENT Motion was made by Council Member Sheley, seconded by Council Member McCartney approving Consent Agenda Items 6.a., 6.b., 6.c., 6.d. The vote was as follows: Ayes: Council Members: Yepez, Caskey, Sain, McCartney, Sheley and Mayor Pro Tem Capetillo. Nayes: None. The motion carried. Page 11 of 15 Minutes of the November 13, 2008 Regular Council Meeting a. Ordinance 11,012: Houston Area Library Automated Network (HALAN) Contract - Library. Ordinance 11,012 authorized a renewal of the contract with the Houston Area Library Automated Network, (HALAN). The contract amount for 2008-2009 is $78,786. This is a $1,545 increase from the 2007-2008 contract amount of $77,241. Sterling Municipal Library has been a member of HALAN since 1978. Membership fees and contracts are renewed annually. Our charges for membership are calculated based upon usage of the cataloging and patron databases. The number of items in the databases and the number of uses of the circulation services are used for this calculation. Servers and staff support for this service are located at Houston Public Library. This contract provides our circulation and overdue software and maintenance, our Interlibrary Loan service, Internet connection, reserve materials systems, on-line catalog, subject databases, wireless capabilities, and materials acquisition system. This consortium of libraries is responsible for providing maintenance and support for a shared database of holdings and an on- line catalog, which includes several informational databases. This contract also connects us directly with public libraries in Houston, Pasadena, Port Arthur, Port Neches, Nederland, Bellaire, and Lee College. It also allows connections to other libraries nationwide. This service is partially subsidized with state and federal funds. These contract fees cover technical support staff, Internet access, some on-line databases, server data storage and maintenance, security system protocols, telecommunications maintenance, switch/router maintenance on our site, database support and maintenance, training and software upgrades. A board of directors governs HALAN. The City Librarian is a voting member of this board. The Library also has representation on divisional committees that manage software protocols and upgrade parameters. ORDINANCE 11,012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FISCAL YEAR 2008-2009 HOUSTON AREA LIBRARY AUTOMATED NETWORK (HALAN) CONTRACT FEE FOR AN INTEGRATED AUTOMATED CIRCULATION SYSTEM AT THE STERLING MUNICIPAL LIBRARY IN THE AMOUNT OF SEVENTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-SIX AND NO/100 DOLLARS ($78,786.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Ordinance 11,013: 1st renewal of the Annual Construction Materials Contract. Ordinance 11,013 awarded the first renewal of the annual construction materials contract. Ordinance 11,013 awarded the 1st renewal of the annual construction materials contract to Deer Park Lumber Company, Ltd., in the amount of $75,000.00. Deer Park Lumber submitted a written request to renew their contract for the same 15% markup from the Random Lengths Price Guide for all lumber costs. All lumber pricing fluctuates constantly due to pulp pricing. The pricing for lumber can not be held firm for the entire term of this contract. All lumber pricing is obtained from the Random Lengths Lumber/Market Price Guide published weekly as a Page 12 of 15 Minutes of the November 13, 2008 Regular Council Meeting benchmark. Deer Park Lumber has a history of excellent performance and delivery. All departments utilize this contract for construction materials such as lumber, rebar and masonry items. ORDINANCE 11,013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CONSTRUCTION MATERIALS CONTRACT WITH DEER PARK LUMBER COMPANY, LTD; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Ordinance 11,014: Sole Source purchase of nine mobile digital video recording devices for Police Department - Finance/Purchasing. Ordinance 11,014 authorized sole source purchase of nine mobile digital video recording devices, all necessary workstation/server software/hardware, and installation/configuration services for Police Department. Ordinance 11,014 authorized the sole source purchase of nine mobile digital video recording devices, all necessary workstation/server software/hardware, and installation/configuration services for Police Department in the amount of $61,515.00 from COBAN Technologies, Inc. This is the second step in upgrading the current analog mobile video recording devices to digital format. The remainder of the fleet will be upgraded in following years as budget permits. ORDINANCE 11,014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-ONE THOUSAND FIVE HUNDRED FIFTEEN AND NO/100 DOLLARS ($61,515.00) TO COBAN TECHNOLOGIES, INC. FOR NINE MOBILE DIGITAL VIDEO RECORDING DEVICES, ALL NECESSARY WORKSTATION/SERVER SOFTWARE/HARDWARE, AND INSTALLATION/CONFIGURATION SERVICES FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Ordinance 11,015: Purchase of software, computers, equipment and accessories for Houston HIDTA. Ordinance 11,015 authorized the purchase of software, computers, equipment and accessories through the Department of Information Resources for Houston High Intensity Drug Traffic Area. Page 13 of 15 Minutes of the November 13, 2008 Regular Council Meeting Ordinance 11,015 authorized the purchase of software, computers, equipment and accessories to upgrade/enhance the Houston High Intensity Drug Traffic Area (HIDTA) Wide Area Network project in the amount of $115,507.57 to Dell Computer Corporation through the Department of Information Resources (DIR). This procurement of networked computer communications among all HIDTA Initiatives in Houston via the RISSNet will meet the requirement for a mandated law enforcement sharing network through Dell Computer Corporation. The Houston HIDTA Wide Area Network is a separate WAN specifically for Houston HIDTA, but it also provides connectivity to RISSnet. RISSNet (Regional Information Sharing System Network) is a nationwide linkage which connects every state DPS with all other state DPS’s and is mandated by ONDCP (Office of National Drug Control Policy) for Networked Computer Communications. In addition, approximately $25,000 of the equipment purchases for the Houston HIDTA WAN is for replacement of equipment that was destroyed by Hurricane Ike. The Houston Intelligence Support Center (HISC) of Houston HIDTA sustained significant roof damage thus flooding three floors of the FBI Building where the HISC resides. The Texas Department of Information Resources is an authorized State Cooperative from which local governments may purchase high technology type software and equipment. ORDINANCE 11,015 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED SEVEN AND 57/100 DOLLARS ($115,507.57) TO DELL COMPUTER CORPORATION FOR THE PURCHASE OF SOFTWARE, COMPUTERS, EQUIPMENT AND ACCESSORIES TO UPGRADE/ENHANCE THE HOUSTON HIGH INTENSITY DRUG TRAFFIC AREA WIDE AREA NETWORK PROJECT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the matters enumerated 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. 7:25 P.M. Mayor Pro Tem Capetillo recessed the City Council into Closed (Executive) Session. Page 14 of 15 Minutes of the November 13, 2008 Regular Council Meeting a. Executive Session - Residential Treatment Center Recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City’s attorneys regarding legal matters associated with the location of a residential treatment center in an NC Zoning District. b. Executive Session - J. Jennings Investments, LP, et al. v. City of Baytown Recessed into and conducted an executive session pursuant to Texas Government Code, Section 551.071 to seek the advice of the City's attorneys about Cause No. 24454; J. Jennings Investments, L.P., and Johnnie G. Jennings, as Trustee for the Johnnie Jennings Non-exempt Marital Trust, v. City of Baytown in the 344th Judicial District Court, Chambers County, Texas. 8:04 P.M. Mayor Pro Tem Capetillo reconvened the City Council into regular session and stated that no action was taken. 8. DISCUSSIONS a. Discussed Engineering Contract Administration Process. City Manager Brumback acknowledged that mistakes have been made with the Engineering Contract Process. The City is conducting a review of not only the business process; but also a review of the personnel issues that have degraded the organization to perform as efficiently as possible. There will be no retaliation against any individuals for providing information to the City Council and Administration regarding the Engineering Contract Process. There might be a realignment of duties and responsibilities to ensure that those with the requisite training and expertise are monitoring and authorizing the performance of work. Business process reengineering will focus on balancing the need to correctly document changes to the scope of the work, while not slowing down the actual performance of the work. The City Council Finance Committee approved for an audit of the Engineering Contract Process, and in April 2008, and in August the scope had been clarified. However, Hurricane Ike put the process on hold but it is back on track at this time. Deputy City Manager Leiper presented the current Engineering Contract Process with emphasis on the following parts: The procurement of professional services such architectural or engineering services are not bid but consultants are selected based on the most qualified contractor. Fees are negotiated after the selection to determine if a contract agreement can be reached. The City Council Architecture & Engineering Committee generally considers the qualifications of firms on projects estimated to cost $1 million or more and ranks 2 or 3 contractors for negotiation of fees by staff. The small projects (less than one million) generally go to the staff for consultant selection with the contracts and amendments being approved by the City Council under State purchasing law guidelines. Some repetitive consultant contracts are referred to the A&E for concurrence without repeat presentation. Page 15 of 15 Minutes of the November 13, 2008 Regular Council Meeting In retrospect, Deputy City Manager Leiper said he could have better handled the process issues brought forward to Administration in June. The audit report and staff review of process issues will result in a revised and improved capital project process. Council Member Sheley questioned if the audit covered the last twelve months, and the City Manager responded by noting that the audit was a representative sample. Council Member Sheley continued with statements regarding the City Hall Expansion and lessons learned. City Manager Brumback stated that Administration will fix the Engineering Contract Process and do the right thing. Brumback further noted that the individuals who have been involved with the forthcoming of specific Engineering Contract Process concerns will not be penalized or punished by Administration. Council Member Caskey noted that the process is flawed and that there was human error; however, Caskey noted that the flawed process would be fixed. Council Member Sain stated that further similar circumstances which involve City Council Members that the Council Members direct the concerns to Administration prior to going outside the organization. 9. CITY MANAGER'S REPORT a. Upcoming Appointments to Citizens ULDC Task Force. Considered appointments to the Citizens' Unified Land Development Code Task Force. 10. ADJOURN Motion was made by Council Member Sain, seconded by Council Member Yepez adjourning the November 13, 2008 regular meeting. The vote was as follows: 8:51 P.M. Mayor Pro Tem Capetillo adjourned the regular City Council meeting of November 13, 2008. ______________________________ Kaythie Darnell, City Clerk City of Baytown