2008 12 11 CC Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
December 11, 2008
The City Council of the City of Baytown, Texas met in a Regular Meeting on December
11, 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 Leiper Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Pledge of Allegiance, Texas Pledge and Invocation was led by Council Member Terry
Sain.
6:30 P.M. Mayor DonCarlos convened the December 11, 2008 City Council Regular
Meeting with a quorum present.
1. MINUTES
a. Considered approval of the minutes from the Special Work Session and
Meeting of November 25, 2008.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving the minutes from the November 25, 2008 City Council Special Work
Session and Meeting. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
Abstention: Council Member Sain.
Page 2 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
The motion carried.
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Recognition: Presentation of the Youth of the Month Award - Parks and
Recreation.
Presentation of the Youth of the Month Award to Sierrah Hofstetter, a sophomore
at Robert E. Lee High School.
December’s Youth of the Month is awarded to Ms. Sierrah Hofstetter. In her short time at
Robert E. Lee High School, Ms. Hofstetter has already made a big impact on her school
and community. At Robert E. Lee, Ms. Hofstetter is an active member of the FFA,
Spanish Club and Choir. She also is a varsity cheerleader where she has twice been
nominated as All-American. Her academic career has also been noticed by Texas A&M
University as she was asked to attend the Honors’ Summer Program at the University this
past summer.
After Hurricane Ike, Sierrah tirelessly volunteered with the Red Cross to serve MRE’s in
the recovery process.
We congratulate December’s Youth of the Month, Ms. Sierrah Hofstetter.
b. Recognition: Presentation of the City of Baytown's Texas Amateur Athletic
Federation Athlete of the Year - Parks and Recreation.
Presentation of the City of Baytown's Texas Amateur Athletic Federation Athlete of the
Year to Kane Vigier.
Kane Vigier burst onto the scene with the Baytown Parks and Recreation Department's
Track and Field Team and made an immediate impact. Kane’s accomplishments this year
include:
Silver medal in the 4 X 400 Meter Relay at the Games of Texas, Bronze medal in the 200
Meter Dash and 4th in the nation in the Softball Throw at the prestigious Hershey Track
& Field National Meet.
Outside of Track and Field, Kane is a member of the honor roll while playing linebacker
for the Horace Mann Jr. High football team. Kane has also distinguished himself in his
dedication to his education by only missing 1 day of school since Kindergarten.
The Parks and Recreation Advisory Board recognized Kane's accomplishments at the
December 3rd Board Meeting.
Page 3 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Congratulations to Kane and best of luck in the future!
Agenda Item 4.c. followed 2.b.
c. Receive GFOA Certificate of Achievement for Excellence in Financial
Reporting - Finance.
Received the GFOA Certificate of Achievement for Excellence in Financial Reporting
for the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2007.
This award is given to those governmental units whose CAFR achieves the highest
standards in governmental accounting and financial reporting as defined by the
Government Finance Officer's Association of the United States and Canada. This is the
16th consecutive year the City has received this prestigious award.
d. Recognitions: Employee of the Month and Team of the Month - Human
Resources.
Recognized the November Employee of the Month and the November Team of the
Month.
Leslie Washburn was recognized as the November Employee of the Month. The
November Team of the Month included: Mike Green served as Crew Chief, Herron
Franks, Brian Hairbottle, David Malone, Joe John Benavides, Jr., Jerome Lewis, Ryan
Randolph, Rodney Broussard, Kelly Collins, David Conlee, Askia John, Olivo Medrano,
Dexter Tanner, Lamar Williams, Mark Kahler and Trayon Cowins.
e. Recognition: Years of Service Awards - Human Resources.
Recognize employees for their dedicated years of service to the City. (5, 10, 15, 20,
and 25 years)
10 years of service: Erik Skow; Craig Green, John Almendarez and Heather Harlow;
15 years of service: Steven Adams;
20 years of service: Glenn Guillory;
25 years of service: Albert Amato and Timothy Rogers.
f. Recognition: Award Distinguished Service Cross to Police Officers - Police
Department.
Awarded Distinguished Service Cross to Police Officers for capturing an armed criminal
during a robbery.
On October 26, 2008 Officers responded to a robbery call at the H.E.B. store on N. Main
street. Sergeant Rymer, Corporal Nelson and Officer Drude found a civilian trying to
Page 4 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
restrain a man near the courtesy booth. When the officers tried to assume control of the
suspect, he resisted and produced a short barrel shot gun from inside his clothing. While
Rymer and Nelson tried to restrain the suspect, Drude attempted to disarm the man by
placing his own thumb in the weapons loading port, making it impossible for the robber
to reload it. After removing the weapon from the robber, who continued to resist
violently, officers were finally able to take the man into custody. The courage exhibited
by these officers in a suddenly deadly situation prevented the possible injury or death of
citizens who were present on the scene and allowed for the removal from our streets of a
violent criminal. Their actions bring great credit upon themselves, the Baytown Police
Department and are in the highest traditions of the Law Enforcement Service.
3. PROPOSED ORDINANCES
a. Municipal Development District Interlocal Agreement for Debt Service for
the Aquatic Center Project - Parks and Recreation.
Agenda Item 4.a. was also included for consideration with Agenda Item 3.a.
Ordinance 11,028 authorized an Interlocal Agreement with the Baytown Municipal
Development District for funding for the debt service payments on $6 million in
Certificates of Obligation for the Wayne Gray Sports Complex Family Aquatic Center
Project.
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Ordinance 11,028. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,028
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
INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT FOR FUNDING OF THE DEBT
SERVICE FOR THE WAYNE GRAY SPORTS COMPLEX FAMILY
AQUATIC CENTER PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Award a Construction Contract for the Sports Complex Family Aquatic
Center - Parks and Recreation.
Page 5 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Awarded a construction contract to Hassell Construction Company, Inc. for $10,240,900
for the construction of the Wayne Gray Sports Complex Family Aquatic Center.
Council approved the plans and specifications for the construction of the Wayne Gray
Sports Complex Family Aquatic Center and authorized advertising for bids at the August
28, 2008 Council meeting. A pre-bid conference was held on November 5, 2008 and bids
were opened on November 24th. The City received eight bids with the low base bid
coming from Hassell Construction Company, Inc. for $9,075,000. The bids included six
add alternates allowing for the Aquatic Center to be constructed as planned making the
total bid including all six add alternates $10,240,900. The bid was below the September
24, 2008 Consultants Opinion of Probable Cost of $9,106,834 for the base bid and
$10,298,584 total with all add alternates.
Our Consultants, John Fielder and Mark Hatchel of Kimley-Horn and Associates, have
reviewed the bids and background and recommend awarding a $10,240,900 construction
contract to Hassell Construction Company, Inc. including the base bid and all six add
alternates. A letter of recommendation from John Fielder and the bid tabulation were
presented.
Funding for the project will come from a combination of funding sources including the
Municipal Development District, 2008 General Obligation bonds and 2008–2009 Hotel
Occupancy Tax funds. The 2008–2009 Budget includes $500,000 in Hotel Occupancy
Tax funds for possible use for this project. While these funds are not necessary for the
award of this contract, it is anticipated that a portion of these funds will be needed in the
future for field revisions/change orders, third party inspection or other items that may
come up during a 10 million, 12 to 14 month project.
Construction is expected to begin in January/February 2009 and the contract allows 450
days for completion. A ground breaking ceremony will be planned in January or February
at the site.
Motion was made by Council Member Capetillo, seconded by Council Member Sain
approving Ordinance 11,029. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,029
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
Page 6 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
CONTRACT WITH HASSELL CONSTRUCTION COMPANY, INC.,
FOR THE WAYNE GRAY SPORTS COMPLEX FAMILY AQUATIC
CENTER; AUTHORIZING PAYMENT OF A SUM OF TEN MILLION
TWO HUNDRED FORTY THOUSAND NINE HUNDRED AND
NO/100 DOLLARS ($10,240,900.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
c. Adopt Registration Fee, Inspection and Monitoring System for Vacant
Buildings - Planning.
Ordinance 11,030 established a registration fee, inspection and monitoring system for
vacant buildings; establishing definitions and enforcement processes.
The purpose of this agenda item was to discuss and consider adopting an ordinance that
would address regulations pertaining to vacant buildings. The Council in its vision
statement of June 2008 specifically addressed improving the image of the City of
Baytown. The Council considered a draft of this ordinance at its work session of October
9, 2008, and directed staff to address the following additional concerns:
1. Amend the fee structure so it is more equitable;
2. Remove the detailed instructions on how to board up a building and replace that with
performance standards and use those detailed instruction as guidelines;
3. Add definitions and standards for abandoned driveways associated with abandoned
buildings.
The staff has addressed the concerns of the Council. A new fee structure is proposed. See
page 9 of the Ordinance, Section 18-1308(a) in which the fee is proposed at $250 for the
first 2,000 square feet plus $3 per 100 square feet or fraction thereof in excess of 2,000
square feet.
The detailed instructions for board up have been removed and have been replaced with
performance standards as set forth at page 11, Section 18-1310.
The ordinance was not amended to include driveways and parking areas, as the City
already has regulations pertaining to their maintenance contained in its Property
Maintenance Code, the Code of Ordinances and the Fire Code. The Chief Building
Officials believes that such provisions are sufficient to address issues that may
accompany vacant buildings.
Finally, we asked the Urban Rehabilitation Standards and Review Board to review and
comment on the proposed abandoned buildings ordinance. The Board met on November
3, 2008 and its comments are as follows:
Page 7 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
1. The Board supports a more equitable fee structure.
2. The Board strongly supports taking actions on driveways not just on structures.
3. The Board suggests we examine the model that the City of Deer Park uses for
abandoned buildings.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving Ordinance 11,030. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 18 “BUILDINGS AND
BUILDING REGULATIONS” OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE XV “VACANT
BUILDINGS;” CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
d. Amending Code to Provide for Youth Membership to Various Boards and/or
Commissions - Legal.
Agenda Item 4.g. was also considered with Agenda Item 3.d.
Ordinance 11,031 amended various provisions of the Code of Ordinances of the City of
Baytown, Texas, to provide for youth membership on the following boards, commissions,
committees and task forces of the City:
1. Baytown Animal Control Advisory Committee,
2. Baytown Beautification Advisory Commission,
3. Baytown Cultural Arts Council,
4. Baytown Library Board,
5. Community Development Advisory Committee,
6. Emergency Medical Services Advisory Committee,
7. Parks and Recreation Board,
8. Construction Board of Adjustments and Appeals,
9. Planning and Zoning Commission,
Page 8 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
10. Tow Truck Committee, and
11. Urban Rehabilitation Standards Review Board.
Ordinance 11,031 amended various provisions of the Code of Ordinances of the City of
Baytown, Texas, to provide for youth membership on specific boards, commissions,
committees and task forces (collectively "Boards") of the City. The ordinance allows
youths between the ages of 14 and 18 to be appointed to the boards for one-year terms.
As proposed, youth will have full membership on the following boards:
1. Baytown Animal Control Advisory Committee,
2. Baytown Beautification Advisory Commission,
3. Baytown Cultural Arts Council,
4. Baytown Library Board,
5. Community Development Advisory Committee,
6. Emergency Medical Services Advisory Committee, and
7. Parks and Recreation Board.
The Law Enforcement Block Grant Advisory Board is not established by ordinance so
the vacancy for the "youth" member will be considered in a separate resolution.
As proposed, youth will be ex officio members on the following boards:
1. Construction Board of Adjustments and Appeals,
2. Planning and Zoning Commission,
3. Tow Truck Committee, and
4. Urban Rehabilitation Standards Review Board.
The following Boards are established by State Law so ex-officio members will be added
by separate resolution.
1. MDD,
2. CCPD, and
3. FCPEMSD.
Membership on the following Boards are established by State law or by corporation
charters and therefore youth members will not be added:
1. BAWA,
2. Redevelopment Authority,
3. Reinvestment Zone #1,
4. Civil Service Commission,
5. Industrial Appraisal Review Board,
6. Sign Committee,
7. Housing Authority Board,
8. Industrial Development Corporation Board, and
9. Housing Finance Corporation Board.
Page 9 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 11,031. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 2
“ADMINISTRATION,” ARTICLE IV “BOARDS AND
COMMISSIONS,” DIVISION 2 “PARKS AND RECREATION
BOARD,” SECTION 2-281 “CREATED; MEMBERSHIP”; DIVISION 3
PLANNING AND ZONING COMMISSION,” SECTION 2-316
“CREATED,” SECTION 2-320 “APPOINTMENTS,” AND SECTION 2-
325 “QUORUM; VOTING”; DIVISION 5 “COMMUNITY
DEVELOPMENT ADVISORY COMMITTEE”; SECTION 2-386
“CREATED; COMPOSITION,” SECTION 2-387
“REPRESENTATION,” AND SECTION 2-388 “APPOINTMENTS”;
DIVISION 7 “CULTURAL ARTS COUNCIL, “ SECTION 2-457
“APPOINTMENTS; QUALIFICATIONS”; SECTION 2-458 “TERMS;
DIVISION 9 “ANIMAL CONTROL ADVISORY COMMITTEE,”
SECTION 2-512 “COMPOSITION; TERMS”; AND DIVISION 11
“BEAUTIFICATION ADVISORY COMMISSION,” SECTION 2-561
“CREATED; MEMBERSHIP,” SECTION 2-562 “APPOINTMENTS;
TERMS”; CHAPTER 18 “BUILDINGS AND BUILDING
REGULATIONS,” ARTICLE II “BUILDING CONSTRUCTION
STANDARDS,” DIVISION 2 “CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS,” SECTION 18-56 “ESTABLISHED;
COMPOSITION; APPOINTMENT”; CHAPTER 26 “COMMUNITY
STANDARDS,” DIVISION 3 “REVIEW BOARD,” SECTION 26-102
“ORGANIZATION”; CHAPTER 30 “EMERGENCY SERVICES,”
ARTICLE III “EMERGENCY MEDICAL SERVICE,” DIVISION 2
“EMERGENCY MEDICAL SERVICE ADVISORY COMMITTEE,”
SECTION 30-121 “CREATED; COMPOSITION”; CHAPTER 54
“LIBRARY,” ARTICLE III “LIBRARY BOARD,” SECTION 54-61
“CREATED; MEMBERSHIP” AND SECTION 54-62
“QUALIFICATIONS; VACANCIES”; AND CHAPTER 102
“VEHICLES FOR HIRE,” ARTICLE III “TOW TRUCKS,” DIVISION I
“GENERALLY,” SECTION 102-138 “TOW TRUCK COMMITTEE;
HEARINGS,” SECTION (A) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO INCLUDE YOUTH TO THE BOARDS,
Page 10 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
COMMISSIONS, AND COMMITTEES; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Amending the Tow Truck Ordinance and the Tow Agreement (Regular
Rotation) - Legal.
Ordinance 11,032 amended Article III “Tow Trucks” of Chapter 102 “Vehicles for Hire”
of the Code of Ordinances, City of Baytown, Texas, by repealing the existing Article III
“Tow Trucks,” and adopting a new Article III “Tow Trucks” to regulate the operation of
tow trucks relating to non-consent tows and approves the standard Truck Agreement
(Regular Rotation). Effective September 1, 2008, new state licensing requirements were
placed on towing companies and tow truck operators. The majority of the proposed
changes are necessary to comply with the new law, including updating definitions,
requiring proof of state-issued permits and licenses, and reducing the permit application
fee from $75 to $15. The other changes are those that were requested by the towing
companies, which included:
1. Removing the inspection requirement for those tow trucks which passed a city
inspection within two months of a new permit application;
2. Empowering the tow truck committee to determine the appropriate consequence of a
tow truck company’s failure to timely respond to a call for a non-consent tow; and
3. Providing two passes per month for towing companies.
Ordinance 11,032 also amended the standard Tow Agreement. Similarly the changes in
the tow agreement are either a result of the change in law or of a request of the towing
companies. The changes requested by the towing companies include:
1. Increasing the maximum charge for a standard tow from $125 to $150;
2. Increasing the maximum charge for any and all tows from the scene of an accident
from $190 to $215;
3. Allowing a fee to be charge for a vehicle hooked up but not removed from the scene;
and
4. Allowing a towing company to hire a person from another towing company, whose
tow agreement was suspended for cause; provided such person was not the owner of the
suspended towing company or an employee who caused, in whole or in part, the
suspension.
The Tow Truck Committee considered and approved these changes at its meeting on
November 10, 2008.
Motion was made by Council Member McCartney, seconded by Council Member Sain
approving Ordinance 11,032. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Page 11 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Nayes: None.
Abstention: Council Member Caskey.
The motion carried.
ORDINANCE 11,032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS REPEALING ARTICLE III “TOW TRUCKS” OF
CHAPTER 102 “VEHICLES FOR HIRE” OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 102 “VEHICLES FOR HIRE” OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY ADDING
AN ARTICLE TO BE NUMBERED AND ENTITLED ARTICLE III
“TOW TRUCKS” TO PRESCRIBE PROCEDURES FOR CONSENT
AND NONCONSENT TOWS; AND APPROVING A STANDARD
FORM TOW TRUCK AGREEMENT CORRESPONDING TO
ARTICLE III “TOW TRUCKS” OF CHAPTER 102 “VEHICLES FOR
HIRE” OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00)
FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
f. Abandonment of a portion of J.B. LeFevre - Legal.
Ordinance 11,033 authorized the abandonment and sale of the City’s interest in a portion
of J.B. LeFevre Road right-of-way to Exxon Mobil Corporation, subject to ExxonMobil's
granting a utility easement to CenterPoint Energy for CenterPoint's existing facilities
within such right-of-way.
ExxonMobil has petitioned for the abandonment of that portion of J.B. LeFevre Road
being described as a 1.1736 acre tract out of the William Scott League, Abstract 66,
Baytown, Harris County, Texas. The right-of-way sought to be abandoned is the portion
J.B. LeFevre Road south of Airhart Drive and north of the southern right-of-way line of
Pine Street. ExxonMobil owns the property to the west and Union Pacific Railroad
Company owns the property on the east. Union Pacific has executed a Consent
Agreement with ExxonMobil, whereby it agreed to waive its right to purchase the 30’
wide parcel of J.B. LeFevre Road adjacent to its property conditioned upon ExxonMobil
(i) constructing a barricade at the south side of J.B. LeFevre Road (north of Pine Street
Crossing) to prevent vehicular access to the railroad and (ii) installing a gate on the
northwest corner of J.B. LeFevre Road and Airhart Street to restrict public access.
Page 12 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
All utilities have been notified and concurred with the abandonment, except for
CenterPoint Energy, which needs a utility easement for its existing transmission line
across a portion of the property. The appraised value of the property is $46,000. If this
ordinance is approved, upon receipt of $46,000 from ExxonMobil, the City will issue a
deed without warranty to ExxonMobil and then ExxonMobil will grant an easement to
CenterPoint for its existing facilities.
Motion was made by Council Member Caskey, seconded by Council Member Yepez
approving Ordinance 11,033. The vote was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,033
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT AND
SALE OF THE CITY’S INTEREST IN A PORTION OF THE J.B.
LEFEVRE ROAD RIGHT-OF-WAY TO EXXON MOBIL
CORPORATION, SUBJECT TO EXXONMOBIL’S GRANTING A
UTILITY EASEMENT TO CENTERPOINT ENERGY FOR
CENTERPOINT’S EXISTING FACILITIES WITHIN SUCH RIGHT-
OF-WAY AND CONTINGENT UPON THE PAYMENT OF FAIR
MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF
SUCH RIGHT-OF-WAY AUTHORIZED TO BE ABANDONED
HEREIN; AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED UPON RECEIPT OF PAYMENT FOR THE
ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
g. Disbanded the Redevelopment Advisory Task Force - Legal.
Agenda Item 4.d. was also considered with Agenda Item 3.g.
Ordinance 11,034 repealed Chapter 2 "Administration,” Article IV "Boards and
Commissions," Division 13 "Redevelopment Advisory Task Force" of the Code of
Ordinances, City of Baytown, Texas, to disband the Redevelopment Advisory Task
Force. One of the primary functions of the task force was to review facade program
applications and these reviews are better met by a small group of professional staff who
are able to review building and renovation plans and one architect from the community.
The existing Redevelopment Task Force has never met.
Page 13 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Motion was made by Council Member Sain, seconded by Council Member Caskey
approving Ordinance 11,034. A discussion pursued among the City Council Members in
reference to the Agenda Item 4.d., Facade Program, and parties that may or may not be
eligible for the matching funds. Council Member Sain called for the question. The vote
was as follows:
Ayes: Council Members: Yepez, Caskey, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,034
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING DIVISION 13
“REDEVELOPMENT ADVISORY TASK FORCE,” OF ARTICLE IV
“BOARDS AND COMMISSIONS,” CHAPTER 2
“ADMINISTRATION” OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, TO DISBAND THE TASK FORCE;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
h. Discussed and Consider Revision to the Variance Process that could allow
Temporary Placement of Manufactured Homes in Areas of Special Flood Hazard.
Ordinance 11,035 revised the variance process (Chapter 110 “Floods” of the City of
Baytown Code of Ordinances) that could allow the temporary placement of manufactured
homes in areas of special flood hazard for the purpose of post disaster temporary housing
accommodations.
Chapter 110, Floods, of the Code of Ordinances regulates activities, including the
placement of manufactured homes, in areas of special flood hazards. The purpose of the
flood ordinance is to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas. These
provisions require the finished floor elevation of the manufactured home be at least 18”
above the base flood elevation.
In the Hurricane Ike recovery effort, some homeowners in Baytown have attempted to
gain city permits to place FEMA manufactured homes on the lot containing their
damaged or destroyed home to be used as temporary housing while rebuilding their
homes. In some locations of the special flood hazard area the current ordinance would
Page 14 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
require that the manufactured home be elevated as high as ten feet or more on an
engineered foundation.
The purpose of this item is the following:
1. To understand the special flood hazard regulations,
2. To understand the variance process and how it might assist such homeowners in
Baytown, to understand any alternatives that might be available to address their
temporary housing needs,
3. To understand the impact of granting such variances on the CRS rating for the City of
Baytown and the impact on the entire Flood Insurance Rating program in Baytown,
4. To understand the impact on adjacent neighbors, and
5. To understand the impact on the potential resident of such a manufactured home unit
to be located in a floodplain.
Any revision to the Flood Ordinance must not place our flood insurance program at risk.
This possible action item is placed in the event that we are able to craft a revision that
better meets the post-Ike needs of some of our citizens and also meets NFIP
requirements. Anything developed prior to the meeting will be distributed ahead of time
or be at your places on Thursday.
Motion was made by Council Member Capetillo, seconded by Council Member Caskey
approving Ordinance 11,035. Council Member Caskey left the dais prior to the vote of
the Agenda Item. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE 11,035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 22 “CIVIL
EMERGENCIES,” ARTICLE III, “POST-DISASTER
MANAGEMENT,” DIVISION 1 “EMERGENCY WAIVER FOR POST-
DISASTER TEMPORARY ACCOMMODATIONS,” SECTION 22-102
“REHABILITATION OR RECONSTRUCTION OF A SINGLE-
FAMILY DWELLING UNIT,” SUBSECTION (B) “ALTERNATIVE
SITE RELOCATION”; AND SECTION 22-105 “CONDITIONS FOR
USE AND LIMITATIONS,” SUBSECTION (3)(A) OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; AMENDING
CHAPTER 22 “CIVIL EMERGENCIES,” ARTICLE III, “POST-
DISASTER MANAGEMENT,” DIVISION 1 “EMERGENCY WAIVER
Page 15 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
FOR POST-DISASTER TEMPORARY ACCOMMODATIONS,”
SECTION 22-106 “PENALTIES; ENFORCEMENT” OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS, BY RENUMBERING
THE SAME AS SECTION 22-107 “PENALTIES; ENFORCEMENT”;
AMENDING CHAPTER 22 “CIVIL EMERGENCIES,” ARTICLE III,
“POST-DISASTER MANAGEMENT,” DIVISION 1 “EMERGENCY
WAIVER FOR POST-DISASTER TEMPORARY
ACCOMMODATIONS” OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 22-106 “VARIANCE FOR
PLACEMENT OF TEMPORARY HOUSING IN A FLOODPLAIN” TO
ALLOW TEMPORARY STRUCTURES IN THE FLOODPLAIN
FOLLOWING A DISASTER; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
4. PROPOSED RESOLUTIONS
Agenda Item 4.a. was considered with Agenda Item 3.a.
a. Advanced Funding for the Aquatic Center Project - Parks and Recreation.
Resolution 1956 authorized advanced funding for the Wayne Gray Sports Complex
Family Aquatic Center.
Resolution 1956 authorized advanced funding for construction costs of the Wayne Gray
Sports Complex Family Aquatic Center. The Baytown Municipal Development District is
budgeted to provide debt service funding for $6 million in Certificates of Obligation to be
issued by the City in early 2009. These proceeds will partially fund this project. The
construction contract is expected to be awarded on December 11th. IRS regulations
dictate that Council declares its official intent to reimburse prior expenditures with
proceeds of subsequent borrowing.
The City intends to 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 a bowl slide.
The aquatics center will also feature a surfing machine called a flow rider and several
other smaller slides. Other components of the Aquatic 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 have already demolished the existing pool, one
tennis court, three old softball fields and concession/restroom buildings. The Gray Center
will be demolished prior to the start of construction.
Page 16 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
The project was advertised on October 24th and 31st, 2008. A pre-bid conference was
held on November 5th with the bid opening November 19, 2008. Bids are planned to be
presented to Council for approval on December 11, 2008. Construction is expected to
begin in January with completion in the spring of 2010. Construction is expected to take
12 to 14 months.
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Resolution 1956. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, EXPRESSING INTENT TO FINANCE
EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Texas Recreation and Park Society Legislative Platform - Parks and
Recreation.
Resolution 1959 requested the members of the 81st Legislative Session of The State of
Texas support increased funding for the Texas Recreation & Parks Account Local Park
Grant Program and the Texas State Park System.
Resolution 1959 requested the members of the 81st Legislative Session of The State of
Texas support increased funding for the Texas Recreation & Parks Account Local Park
Grant Program and the Texas State Park System.
The Texas Parks & Wildlife Department (TPWD) administers the Texas Recreation &
Parks Account Local Park Grant Program and manages 114 State parks and historical
sites in Texas. The Texas Recreation and Parks Account (TRPA) is a grant program for
park land acquisition and development and for the development of recreational facilities
that is administered by the Texas Parks and Wildlife Department. Funding for the grant
program was restored to 15.5 million per year during the 80th Legislative Session.
Additional funding was also approved for State Parks in Texas.
Page 17 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Resolution 1959 requested members of the 81st Legislature to support increased funding
for the TRPA and for the Texas State Park System. The resolution also requests support
to insure that all grants funded through the TRPA be subject to the competitive scoring
system managed by the Texas Parks and Wildlife Department.
Since 1971, the City of Baytown has received sixteen park acquisition and development
grants from the TPWD totaling $3,120,136 in grant dollars. The acquisition and
development of Goose Creek Park, W.C. Britton Park, Unidad Park, Allenbrook Park, the
Baytown Nature Center and the Eddie V. Gray Wetlands Education and Recreation
Center among several others were all partially funded with matching grants from TPWD.
Past reduction in funding affected the City of Baytown as staff tried unsuccessfully to
obtain a $500,000 grant that would have provided partial funding for the Wayne Gray
Sports Complex. Although the grant application scored fifteen points better than any
previous city grant application, the project was not funded because the state’s TRPA
funding levels had been reduced.
The Parks and Recreation Advisory Board passed their part of the joint resolution
unanimously at its December 3, 2008 meeting.
Motion was made by Council Member Yepez, seconded by Council Member Sain
approving Resolution 1959. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1959
A JOINT RESOLUTION OF THE PARKS AND RECREATION
BOARD OF THE CITY OF BAYTOWN, TEXAS, AND THE CITY
COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING
ST
MEMBERS OF THE 81 LEGISLATIVE SESSION OF THE STATE
OF TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS
RECREATION AND PARKS ACCOUNT LOCAL PARK GRANT
PROGRAM AND THE TEXAS STATE PARK SYSTEM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Agenda Item 4.c. was considered after Agenda Item 2.b.
c. Accept a contribution from The Friends of the Eddie V. Gray Wetlands
Education and Recreation Center - Parks and Recreation.
Page 18 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Resolution 1955 approved acceptance of a $19,825 contribution from The Friends of the
Eddie V. Gray Wetlands Education and Recreation Center supporting the Eddie V. Gray
Wetlands Education and Recreation Center.
Staff received a check from the Friends of the Wetlands Center for $19,825.00 to use for
repairs or replacements to Wetlands Center exhibits and equipment due to damage from
Hurricane Ike. This money came from the proceeds of the Friends of the Wetlands Center
Gala that was canceled due to the storm. Companies and individuals who had already
bought their tickets or tables all agreed unanimously to go ahead and give their money to
the Wetlands Center rather than take refunds in order to help the Wetlands Center get
back up and running as quickly as possible.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Resolution 1955. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING A NINETEEN THOUSAND
EIGHT HUNDRED TWENTY-FIVE NO/100 DOLLARS ($19,825.00)
CONTRIBUTION FROM THE FRIENDS OF THE EDDIE V. GRAY
WETLAND EDUCATION AND RECREATION CENTER
SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION
AND RECREATION CENTER; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Agenda Item 4.d. was also considered with Agenda Item 3.g.
d. Downtown Facade Program - Planning. Agenda Item 4.d. was also
considered with Agenda Item 3.g.
Resolution 1958 amended the Downtown Facade Program and a review process.
Motion was made by Council Member Sain, seconded by Council Member Caskey
approving Resolution 1958. A discussion pursued among the City Council Members in
reference to the Agenda Item 4.d., Façade Program, and parties that may or may not be
eligible for the matching funds. Council Member Sain called for the question. The vote
was as follows:
Page 19 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1958
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 1824,
TH
ADOPTED ON THE 14 DAY OF DECEMBER 2006, WHICH
ADOPTED THE CITY OF BAYTOWN DOWNTOWN FAÇADE
IMPROVEMENT PROGRAM GUIDELINES; ADOPTING AMENDED
CITY OF BAYTOWN DOWNTOWN FAÇADE IMPROVEMENT
PROGRAM GUIDELINES; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Notice of Intention to Issue 2009 Certificates of Obligation - Finance.
Consider a resolution authorizing publication of notice of intention to issue 2009
Certificates of Obligations.
Agenda Item 4.e. will be considered at the January 8, 2009 City Council Meeting.
f. Resolution 1960: Approving the 2008-09 Budget of the Baytown Chamber of
Commerce - Administration.
Resolution 1960 approved the 2008–09 Budget of the Baytown Chamber of Commerce
for operations funded by hotel occupancy tax revenues. Pursuant to the Agreement for
Promotional and Tourist Services with the Baytown Chamber of Commerce, the
Chamber is to submit its budget pertaining to those operations funded by hotel occupancy
tax revenues to the City Council for its written approval.
On August 28, 2008, the Chamber submitted their budget when it presented its annual
report of the activities performed under the Tourism Promotion, Bayou Bowl and NHRA
Race Week contracts. Based upon their budget, the City Council appropriated funds for
the services specified. Resolution 1960 evidences the City Council's approval of the
submitted budget.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving Resolution 1960. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Page 20 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Nayes: None.
The motion carried.
RESOLUTION 1960
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING THE 2008-2009 BUDGET OF THE
BAYTOWN CHAMBER OF COMMERCE FOR OPERATIONS
FUNDED BY HOTEL OCCUPANCY TAX REVENUES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Resolution 1957: Youth Members on the Boards of the LLEBG, MDD,
CCPD and FCPEMSD - Legal. Agenda Item 4.g. was also considered with Agenda
Item 3.d.
Resolution 1957 authorized youth membership on the Local Law Enforcement Block
Grant Advisory Board as well as on the boards of the Baytown Municipal Development
District; the Baytown Fire Control, Prevention, and Emergency Medical Services
District; and the Baytown Crime Control and Prevention District.
This Resolution 1957 allowed youths between the ages of 14 and 18 to be appointed to
these boards for one-year terms. As proposed, the individuals will have full membership
on the Local Law Enforcement Block Grant Advisory Board and ex officio membership
on the Boards of the Baytown Municipal Development District; the Baytown Fire
Control, Prevention, and Emergency Medical Services District; and the Baytown Crime
Control and Prevention District. This is a companion item to the ordinance providing for
youth membership on other boards and commissions, whose membership is established
by ordinance.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Resolution 1957. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION 1957
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING YOUTH MEMBERSHIP ON
THE LOCAL LAW ENFORCEMENT BLOCK GRANT ADVISORY
BOARD AS WELL AS ON THE BOARDS OF THE BAYTOWN
Page 21 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
MUNICIPAL DEVELOPMENT DISTRICT, THE BAYTOWN FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT, AND THE BAYTOWN CRIME CONTROL
AND PREVENTION DISTRICT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Consent Items 5.a., b. and c. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
a. Ordinance 11,036: Purchase of a 2009 Chevrolet 1-Ton Crew Cab Truck (1)
for the Parks Dept. - Purchasing.
Ordinance 11,036 authorized the purchase of one 2009 Chevrolet one-ton crew cab truck
for the Parks Department through H-GAC.
Ordinance 11,036 authorized the purchase of a 2009 Chevrolet 1-Ton Crew Cab Truck
for the Parks' Department from Caldwell Country Chevrolet, through H-GAC, in the
amount of $27,353.00. The H-GAC fee of $600.00 is included in the total amount. The
new crew cab is necessary to transport the new beautification crew added to the Parks'
Department this year.
Typically, at the beginning of the fiscal year, all vehicles and equipment are grouped
together to present to the City Council at one time. However, due to Hurricane Ike and
the need to preserve capital, all vehicles will be released for purchase intermittently as
their urgent need is required and funding pre-approved. Therefore, all vehicles for the
balance of this fiscal year will be sent to City Council even though they may be under the
$50,000 threshold necessary for City Council approval.
ORDINANCE 11,036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-
SEVEN THOUSAND THREE HUNDRED FIFTY-THREE AND
NO/100 DOLLARS ($27,353.00) TO CALDWELL COUNTRY
CHEVROLET THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL FOR THE PURCHASE OF ONE 2009 CHEVROLET ONE-
TON CREW CAB TRUCK FOR THE PARKS DEPARTMENT;
Page 22 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ordinance 11,037: Purchase of a 2009 Freightliner M2-106-80 Picker Truck
(1) through H-GAC - Purchasing.
Ordinance 11,037 authorized the purchase of a 2009 Freightliner M2-106-80 Picker
Truck from Houston Freightliner/Sterling, through H-GAC, for a total amount of
$144,644. H-GAC fee of $1,000 is included. The picker truck is a replacement for Unit
#3110, 1992 Chevrolet picker truck with over 20,000 hours. The picker truck for the
Solid Waste Department is considered a high usage vehicle and has a four to six month
delivery time period.
ORDINANCE 11,037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE
HUNDRED FORTY-FOUR THOUSAND SIX HUNDRED FORTY-
FOUR AND NO/100 DOLLARS ($144,644.00) TO HOUSTON
FREIGHTLINER/STERLING THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE 2009
FREIGHTLINE M2-106-80 PICKER TRUCK; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 11,038: Authorized Payment of Annual Assessment to Harris
County Appraisal District - Finance.
Ordinance 11,038 authorizes payment of an annual assessment to the Harris County
Appraisal District (HCAD) for appraisal services for the 2009 tax year. The HCAD
assessment is made in accordance with Chapter 6, Section 6.06 of the Texas Property Tax
Code to all participating entities.
ORDINANCE 11,038
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL
ASSESSMENT TO HARRIS COUNTY APPRAISAL DISTRICT FOR
APPRAISAL SERVICES FOR THE 2009 TAX YEAR IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED SIXTY THOUSAND TWO
HUNDRED EIGHTY-FOUR AND NO/100 DOLLARS ($160,284.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 23 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
6. APPOINTMENTS
a. Appointments: Animal Control Advisory Committee.
Considered one (1) appointment to the Animal Control Advisory Committee.
The Animal Control Advisory Committee is composed of five members appointed by the
City Council. The members serve two year terms and are composed of a Chief Sanitarian
or his designee, the Chief of Police or his designee, one (1) licensed veterinarian, one (1)
representative from an animal welfare organization, and one (1) interested citizen. They
meet when necessary to assist the Baytown Animal Shelter in complying with applicable
law; formulate future animal control plans, strategies, and education; and make
recommendations on revisions to the animal control ordinances. This was originally set
for the September 11, 2008 meeting but in preparation for Hurricane Ike the meeting had
been cancelled.
• Lory Stone has served as a representative of the animal welfare on the Committee since
June 12, 2007 and her current term expired on September 26, 2008. Ms. Stone desires to
serve another term to begin September 26, 2008 and expires September 26, 2010.
• Gary Cochran has served as an interested citizen and does not desire to be reappointed.
The above appointments were originally set for the September 11, 2008 meeting in
preparation for Hurricane Ike the meeting had been cancelled.
Motion was made by Council Member Sheley, seconded by Council Member Yepez
approving the reappointment of Lory Stone. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
b. Appointments: Board of Adjustment.
Consider one (1) appointment to the Board of Adjustment.
The Board of Adjustment is a five (5) member board appointed by City Council.
Members shall serve a two year term and their duties are to hear and decide appeals
where it is alleged that there is an error in any order or decision by City Officials in the
administration and enforcement of the zoning ordinance.
Hear and decide appeals of any interpretation of the text of the zoning ordinance made by
the Director of Planning and Community Development;
Page 24 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Hear and decide requests for variances from the terms of the zoning ordinance pursuant
to the procedures and standards set for therein; and
Hear and decide other matters as authorized by the zoning ordinance.
Board Member Marianne Tucker has tendered her resignation from the Board effective
immediately. An appointment must be made to complete the remainder of her term
which will expire July 27, 2009. At the expiration of this term, the appointee will be
eligible for reappointment.
The City Council will consider the appointment to the Board of Adjustment at the
January 8, 2009 City Council Meeting.
c. Appointments: Citizens' ULDC Task Force.
Consider three (3) appointments from Mayor DonCarlos, Council Members: Terry Sain
and Scott Sheley.
Motion was made by Council Member Capetillo, seconded by Council Member
McCartney approving the Mayor’s appointment of James Haarmeyer as acting Chair until
an election is held, Council Member Sain’s appointment of Wayne Hansen, and Council
Member Sheley’s appointment of Spencer Carnes. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
d. Appointments: Civil Service Commission.
Confirmation of the City Manager’s appointee to the Civil Service Commission. The
Civil Service Commission is a three member commission, appointed by the City
Manager, and confirmed by the City Council. Members of the Commission serve three
(3) year terms and meet as needed to recommend rules and regulations regarding Civil
Service and act as an Appeal's Board.
Ms. Julie DeTorre has served on this Commission since February 9, 2006. Her current
term will expire on January 1, 2009. Ms. DeTorre is willing to serve another term if no
one else is considered; the term is to begin on January 1, 2009, and expires January 1,
2012.
Ms. Sharon Jenkins is willing to serve on the Civil Service Commission.
Page 25 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Motion was made by Council Member Sain, seconded by Council Member Capetillo
confirming the appointment of Sharon Jenkins. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
e. Appointments: Community Development Advisory Committee.
Five (5) appointments to the Community Development Advisory Committee.
It is necessary to appoint nine members of the Community Development Advisory
Committee (CDAC). This Committee holds public hearings, reviews the status of funded
programs, and establishes an annual budget for the Community Development Block
Grant funds.
Section 2-387 of the Baytown Code of Ordinances states that the composition of the
CDAC shall have representation of low- to moderate-income areas of the City, as defined
by the Department of Housing and Urban Development. Minority groups will at least be
represented in proportion to such citywide percentage representation. The Committee
shall consist of at least one member from each of the six council districts.
Terms for the following members will expire on January 1, 2009: Hector Meza, District
1; Norman Barnett, District 2; Laura Acosta, District 3; Terry Presley, District 5: and
Robert Sorenson, District 6. Since November 2007, the CDAC has held six (6) meetings.
The 2008 attendance record for each member is as follows:
Norman Barnett – 6; Terry Presley – 5; Hector Meza – 4; Laura Acosta – 4; Robert
Sorenson – 0.
Hector Meza of District 1 does not wish to be reappointed. The remaining members
would like to continue service, if reappointed.
Motion was made by Council Member Yepez, seconded by Council Member Capetillo
approving the appointment of Janie Rivera, District 1, and reappointments of Norman
Barnett, Terry Presley, Laura Acosta and Robert Sorenson. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
Page 26 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
The motion carried.
f. Appointments: EMS Advisory Committee.
Three (3) appointments to the Emergency Medical Services Advisory Committee.
The Emergency Medical Services Advisory Committee is a seven (7) member Committee
appointed by Council to serve two year terms. The Committee meets at least twice a year
to make recommendations to Council on specifications for construction, equipment,
number of emergency ambulances, and revisions to Emergency Medical Service Chapter
of Code.
• Dr. James Bernick has served on this Committee since January 28, 1999. His current
term will expire on December 11, 2008. Dr. Bernick desires to serve another term to
begin on December 11, 2008 and end on December 11, 2010.
• Joanna Cagle-Page has served on this Committee since December 14, 2006. Her current
term will expire on December 11, 2008. Ms. Cagle-Page desires to serve another term to
begin on December 11, 2008 and end on December 11, 2010.
• Gail Kenney has served on this Committee since January 24, 2002. Her current term
will expire on December 11, 2008. Ms. Kenney desires to serve another term to begin on
December 11, 2008 and end on December 11, 2010.
Motion was made by Council Member Yepez, seconded by Council Member Sain
approving the reappointments of Dr. James Bernick, Joanna Cagle-Page and Gail
Kenney. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
g. Appointment: Local Health Authority.
Appointment of Local Health Authority, in accordance with Texas Health and Safety
Code, Chapter 121.021, a local Health Authority is a physician appointed to administer
state and local laws relating to public health within the appointing body's jurisdiction. A
Health Authority serves for a term of two years and may be appointed to successive
terms.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving the re-appointment of Dr. James Bernick as the Local Heath Authority. The
vote was as follows:
Page 27 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
h. Appointments: Industrial Development Corporation Board.
Four (4) appointments to the Industrial Development Corporation Board.
The Industrial Development Corporation Board is a seven (7) member Board appointed
by City Council. The Board is composed of City Council members, but Council may
select other appointees to serve on this Board. The Board shall elect a President, Vice
President and Secretary Treasurer to a term not to exceed three years. All other board
members shall serve terms of two years with no director serving in excess of six years.
Directors shall be compensated for actual expenses incurred in performance of duties
which include the approval of programs and expenditures of the corporation and review
of any financial statements of the corporation.
Mayor Stephen DonCarlos has served on the Board since December 8, 2006 and his term
will expire December 14, 2008. Mayor DonCarlos desires to serve another term to begin
on December 14, 2008 and expires December 14, 2010.
Council Member Lynn Caskey has served on the Board since June 8, 2006 and his term
will expire December 14, 2008. Mr. Caskey desires to serve another term to begin on
December 14, 2008 and expires December 14, 2010.
Council Member David McCartney has served on the Board since June 12, 2008 and his
term will expire December 14, 2008. Mr. McCartney desires to serve another term to
begin on December 14, 2008 and expires December 14, 2010.
Vivian Cisneros-Hemphill has served on the Board since February 12, 2004 and her term
will expire December 14, 2008. Ms. Cisneros-Hemphill desires to serve another term to
begin on December 14, 2008 and expires December 14, 2010.
Motion was made by Council Member Yepez, seconded by Council Member Capetillo
approving the re-appointments of Mayor DonCarlos, Council Members: Caskey,
McCartney and Vivian Cisneros-Hemphill. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
Page 28 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
The motion carried.
i. Appointments: Planning and Zoning Commission.
Four (4) appointments to the Planning and Zoning Commission.
The Planning and Zoning Commission is a nine member Board appointed by the City
Council. The Mayor and each Council Member nominate one commissioner, each of
whom must reside within the City limits and each nominee requires approval of the
majority of the Council to confirm. The City Manager nominates two members: (1) in the
real estate or development industry and (1) residing in the City’s extra-territorial
jurisdiction with the Council confirming the nominations.
Members serve 2 year terms and meet monthly as needed. The Commission reviews and
recommends proposed changes dealing with land development ordinances; studies plans
and plats of proposed developments and approves plats that meet all standards; performs
all duties and functions of a capital improvements advisory committee as it applies to
impact fees; recommends changes in the thoroughfare plan and traffic control, regulations
and improvements; hears and decides requests for variances and special use permits;
develops an action strategy to accomplish the objectives of the City’s comprehensive
plan; recommends the boundaries of the zoning district and recommends appropriate
regulations for each zoning district; and performs such other duties assigned by City
Council.
• Shawn McDonald, District 2 appointment, has served as a member of this Commission
since October 1, 2003. Mr. McDonald desires to serve another term to begin on
December 31, 2008, and expires December 31, 2010.
• Dr. Joe C. Floyd, District 4 appointment, has served as a member of this Commission
since October 1, 2003. Dr. Floyd desires to serve another term to begin on December 31,
2008, and expires December 31, 2010.
• Mike Chatham, District 6 appointment, has served as a member of this Commission
since January 25, 2007. Mr. Chatham desires to serve another term to begin on
December 31, 2008, and expires December 31, 2010.
• Linda Krisher, the City Manager’s appointment, has served as a member of this
Commission since April 13, 2006. Ms. Krisher desires to serve another term to begin on
December 31, 2008, and expires December 31, 2010.
Motion was made by Council Member Yepez, seconded by Council Member McCartney
approving the re-appointments of Shawn McDonald, District 2; Dr. Joe Floyd, District 4;
Mike Chatham, District 6; Linda Krisher, City Manager’s appointment. .
The vote was as follows:
Page 29 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
j. Appointments: Sign Committee.
Five (5) appointments to the Sign Committee.
The Sign Committee is a five (5) member Committee appointed by the Mayor to serve
two (2) year terms. The Committee is composed of two (2) real estate appraisers, each of
whom must be a member in good standing of a nationally recognized professional
appraiser society or trade organization that has an established code of ethics, educational
program, and professional certification program, one (1) person engaged in the sign
business in the municipality, one (1) employee of the Texas Department of
Transportation who is familiar with real estate valuations in eminent domain proceedings,
and one (1) architect or landscape architect licensed by this state.
• Chet Theiss has served as a Real Estate Appraiser on the Committee since March 27,
2003 and his current term will expire on November 30, 2008. Mr. Theiss desires re-
appointment, for the term to begin November 30, 2008 and expire on November 30,
2010.
• Quincy Allen has served as a representative of Texas Department of Transportation on
the Committee since November 30, 2000 and his current term will expire on November
30, 2008. Mr. Allen desires re-appointment, for the term to begin November 30, 2008 and
expire on November 30, 2010.
• Al Busch has served as a representative as a licensed architect on the Committee since
December 9, 2004 and his current term will expire on November 30, 2008. Mr. Busch
desires re-appointment, for the term to begin November 30, 2008 and expire on
November 30, 2010.
• Joe Muller has served as a Real Estate Appraiser on the Committee since November 12,
1998 and his current term will expire on November 30, 2008. Mr. Muller does not desire
to be re-appointed.
• Paul Smoke has served as a representative in the sign business on the Committee since
January 23, 2003 and his current term will expire on November 30, 2008. Mr. Smoke
does not desire to be re-appointed
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving the appointments of Steve Starett, Real Estate Appraiser and Stanley
Page 30 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
(Skip) Reid and the re-appointments of Chet Theiss, Quincy Allen and Al Busch. The
vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
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.
There was no Executive Session.
8. APPEALS
a. Appeal Hearing: Brad's Wrecker Service, Brad Shirley.
Conducted an appeal hearing of Brad's Wrecker Service from the November 10, 2008,
decision of the Tow Truck Committee, ordering the suspension of Brad's Wrecker
Service for the violation of Chapter 102, Article III of the Code of Ordinances, Baytown,
Texas.
Brad's Wrecker's Service specific violations included failure to comply with the
following: Section 102-174: A response time violation in May 2008; Section 102-
200(c): 2 passes in the month of September.
The Tow Truck Committee considered the evidence and arguments presented and
determined that Brad's Wrecker's Service shall be suspended from the rotation list for 30
days commencing November 12, 2008, which was stayed until the City Council had the
opportunity to schedule an appeal hearing.
Assistant City Attorney Ford Hamilton presented the appeal.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving the reversal of the Tow Truck Committee’s decision of suspension. The vote
was as follows:
Page 31 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
b. Appeals: J & S Wrecker Service, Jimmy Smith.
Conducted an appeal hearing of J & S Wrecker Service from the November 10, 2008,
decision of the Tow Truck Committee, ordering the suspension of J & S Wrecker Service
for the violation of Chapter 102, Article III of the Code of Ordinances, Baytown, Texas.
J & S Wrecker Service specific violations included failure to comply with the following:
Section 102-174: A response time violation in June 2008.
The Tow Truck Committee considered the evidence and arguments presented, and
determined that J & S Wrecker Service shall be suspended from the rotation list for 30
days commencing November 12, 2008, which was stayed until the City Council had the
opportunity to schedule the appeal hearing.
Assistant City Attorney Ford Hamilton presented the appeal.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving the reversal of the Tow Truck Committee’s decision of suspension. The vote
was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nayes: None.
The motion carried.
9. MANAGER'S REPORT
10. ADJOURN
Motion was made by Council Member Sain, seconded by Council Member Capetillo
adjourning the City Council Meeting on December 11, 2008. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Page 32 of 32 MINUTES OF THE DECEMBER 11, 2008 CITY COUNCIL MEETING
Nayes: None.
The motion carried.
8:40 P.M. Mayor DonCarlos adjourned the City Council Meeting.
____________________________________
Kaythie Darnell, City Clerk
City of Baytown, Texas