2013 09 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
September 12, 2013
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 12, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401
Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Mercedes Renteria
Terry Sain
Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper
City Manager
Kevin Troller
Assistant City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the September 12, 2013, City Council Regular Meeting with a
quorum present at 6:30 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Mercedes
Renteria 11I.
1. MINUTES
Mayor DonCarlos stated that items La. and Lb would be considered together.
a. Consider approving the minutes of the City Council Regular Meeting held on
August 08, 2013.
b. Consider approving the minutes of the City Council Regular Meeting held on
August 22, 2013.
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving the August 8, 2013, City Council Regular Meeting minutes and the
August 22, 2013, City Council Regular Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
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September 12, 2013
Page 2 of 25
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Ms. June Cumberland requests to address Council regarding a possible code
enforcement issue with a neighbor's fence; and to make suggestions for other
improvements in our City.
Ms. Cumberland, 713 Inwood Drive, Baytown, Texas, requested that Council and staff's
assistance in dealing with her neighbor's deteriorating fence that is leaning on and damaging her
newly constructed fence. She further stated that she had people who were willing to remove the
neighbor's old fence at no charge to the neighbor; however, the neighbor remains uncooperative
and unresponsive.
Mayor DonCarlos stated that the City would do everything it could within what is legally
allowed to assist her with this matter; however, there were some limitations on what it could do
because of the fence being on private property.
b. Mr. Samuel D. Sledge requests to appear before Council to discuss the placement
of the Baytown Gateway monument at the Lynchburg Area.
Mr. Sledge, 218 Park Street, Highlands, Texas, stated that he was not in favor of the placement
of the Baytown Gateway Monument, as the location was in Lynchburg and not Baytown. Mr.
Sledge then requested that the City either (1) remove the monument and/or the name Baytown
from the monument or (2) change the name on the monument from Baytown to Lynchburg.
C. Present a proclamation declaring September 16, 2013, as American Legion Day.
Mayor DonCarlos presented a proclamation to members of the American Legion local chapter
declaring September 16, 2013, as American Legion Day and thanked them for their continued
service to our country and community.
d. Present recognition of the collaborative efforts and success of the BigNET project.
City Manager Leiper introduced the item and asked Mr. Robert Cavazos, a representative from
the Harris County ITC to present a recognition to Mr. Dennis Wells, Assistant Director of ITS
for his participation in the BigNET project. Mr. Cavazos stated that the BigNET project is
focused on enhancing the broadband capability for the Public Safety community, of which the
city participated with and in successfully. Lastly, Mr. Cavazos stated that this collaborative
effort was also recognized by Judge Ed Emmett in Harris County Commissioner's Court on
August 27, 2013.
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September 12, 2013
Page 3 of 25
3. CITY OF BAYTOWN 2013 -14 FY MUNICIPAL BUDGET
a. Consider an ordinance adopting the City of Baytown Municipal Budget, FY2013-
2014.
City Manager Leiper stated that Ordinance No. 12,330 adopts the City of Baytown Municipal
Budget, FY2013 -2014, totaling $166,284,808, which is a $20,441,613 increase or 14.02% over
the FY2012 -2013 budget, totaling $166,284,808, which is an increase of $20,441,613 or a 14.2%
increase over the fiscal year 2012 -13 budget. This budget includes the following Technical
Adjustments related to the proposed City of Baytown FY2013 -2014 Budget as of August 22,
2013, and they are:
1. Street Maintenance Sales Tax Fund 211: Move $450,000 from "Ending Working Capital"
to "Other Capital Project Initiatives" leaving a projected ending Working Capital of
$49,950. The revised budget total is $3,700,000. This will allow us to take advantage of
increased SMST revenues and do more street repairs. These projects are "cash funded" so
we can only spend the money if it is received.
2. General Fund: Increase the General Overhead account for salary increases by a total of
$550,000 to provide additional funding for salary increases including the cost of contracts
with Police and Fire, and to increase the amount available for General Fund salary
increases to $500,000. This change increases the General Fund budget to $71,670,198
and reduces the Fund Balance Working days to 69 days. This change results in recurring
expenditures being $4,896 less than recurring revenues, maintaining a balanced budget.
City Manager Leiper stated that in regards to compensation, the staff is presenting a plan for the
Council's review and consideration. The main aspects of the plan include the following:
All non -civil service employees, except the city manager and the municipal court judge, who are
directly employed by the Council, will receive at least a $1,000 a year increase in their salaries;
this will allow for an across the board raise that will help employees absorb the increase in health
care premiums. City Manager Leiper stated that the recommendation of having a cash amount
raise versus a percentage across the board raise, is to allow the money to be allocated to the
employees with the lowest salaries, and the most need.
Of the non -civil service employees, 89 of them who are below the new minimum market will
receives an increase to bring them at their minimum range, which impacts the lowest paid
positions anywhere from 5% to 22 %. This will ensure that all city employees are at least at a
minimum of the new pay range and help maintain those positions that are hard to hire and
maintain.
City Manager Leiper also stated that internal equity is very important in the organization and we
want to make that a newly hired position is not making more than those in the same position that
have been here for years. So, there are 47 employees that are within the pay range that need to
be adjusted in order to maintain internal equality. These salaries will be adjusted, but will be
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September 12, 2013
Page 4 of 25
capped at an amount not to exceed $5,000; this will help with some of the compression issues
that could emerge with moving everyone to the minimum of the pay scale.
The remaining 311 employees are within their salary range and will all receive the $1,000 salary
increase which ranges from less than 1% to 4% of their salary, depending on the salary and our
entry level position is increased by 16 %. City Manager Leiper noted that this increase will be for
all full time and part time employees.
City Manager Leiper stated that the presented plan is outstanding, as it leaves within the City's
means; it keeps our recurring expenditures, less than our recurring revenues and maintains our
financial stability. He further stated that this is the first part of a three year plan, and next year,
the staff will focus on moving the staff within their range based on their tenure. City Manager
Leiper also noted that the group that is not addressed in the proposed compensation plan is
management, as Assistant Directors, Directors, the Assistant City Manager, and the Deputy City
Manager were excluded from the group of employees that needed to be brought to their
minimum range and will only receive the $1,000, like all the other civil service employees. City
Manager Leiper requested that Council consider revisiting bringing those members of
management that need it, to be brought up to their minimum salary range sometime in January
2014.
Lastly, City Manager Leiper stated that the proposed compensation plan does not change the
numbers in the budget, it does not cut programs and it lives within our means, and staff
recommends approval.
Mayor DonCarlos asked when the pay raises would take effect. City Manager Leiper stated that
the salary increases take effect on the first full pat period in January.
There was one speaker signed up on this item.
Ms. Nai Mongiello, 222 South 3 d Street, stated that at the last Council meeting she requested
that they consider a compensation plan for those members of the public works team and non-
civil service employees that was fair and equitable. She further stated that the plan presented
was a good first step of a three year plan that will bring all city employees where they needed to
be as it relates to compensation. She thanked City Manager Leiper, his team and the members of
Council for considering her plea and bringing back a more viable and inclusive option.
Council Member Capetillo stated that he was grateful for the work and time put into the
compensation plan by the members of staff. He stated that he felt that this was a more fair and
methodical approach to the compensation issue.
Council Member McCartney also thanked staff for their work in finding additional funds to help
with the compensation plan, and felt that the three year compensation plan seemed much more
attainable.
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September 12, 2013
Page 5 of 25
Council Member Sheley stated that Council has made a three year commitment in regards to
compensation for all employees. He stated that they are all valued and important and thanked
staff for their work.
Council Member Renteria stated that he was happy with the work presented and thanked staff for
their work and dedication.
A motion was made by Council Terry Sain and seconded by Council Member David McCartney
that the property tax revenue increase reflected in the proposed FY2013 -2014 City of Baytown
budget be ratified. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem
Robert C. Hoskins to adopt the proposed FY2013 -2014 City of Baytown Budget with the two
technical adjustments, added after the budget work session pertaining to Street Maintenance
Sales Tax and the General Fund. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR,
BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, IN
ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY
OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
b. Consider an ordinance amending utility rates in accordance with the rate study
performed by Burton and Associates.
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September 12, 2013
Page 6 of 24
City Manager Leiper stated that Ordinance No. 12,331 amends utility rates in accordance with
the rate study performed by Burton and Associates.
The City Council held a joint work session with Baytown Area Water Authority ( "BAWA ")
regarding the rates, structure, and service fees on January 28, 2010. At that time, Council was
presented with the results of the commissioned rate study by Burton and Associates, which
proposed a systematic schedule of rate increases to ensure the City has sufficient annual revenues
over a multi -year period to meet its financial requirements, including operations and
maintenance costs, capital improvement costs, debt service expenses and coverage ratios and
adequate working capital reserves.
During the 2013 -14 budget process, the City Council proposed a 5.85% increase to the utility
rate effective the first billing cycle in FY2014.
A motion was made by Mayor Pro Tern Robert C. Hoskins and seconded by Council Member
Brandon Capetillo approving Ordinance No, 12,331. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria I1I, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,331
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 98 "UTILITIES," ARTICLE I[[ "WATER SERVICE," SECTION 98-
59 "RATES," SUBSECTION (A) AND ARTICLE IV "SEWER SERVICE,"
SECTION 98 -91 "SEWER SERVICE CHARGE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO UPDATE SERVICE FEES;
PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND
NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
4. CITY OF BAYTOWN TAX RATE
a. Receive the 2013 Appraisal Rolls certified by the Harris County Appraisal District
and the Chambers County Appraisal District.
City Manager Leiper presented the item and stated that in accordance with Section 26.04(b) of
the Texas Property Tax Code, the following values are submitted for the 2013 Harris County
Appraisal Roll, which was certified on August 23, 2013:
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September 12, 2013
Page 7 of 24
Total Appraised Value: $ 2,870,158,873
Total Taxable Value: $ 2,145,616,201
Total Uncertified (Taxable Value): $ 314,840,891
City Manager Leiper further stated that the 2013 Chambers County Appraisal Roll was certified
on July 12, 2013. In accordance with Section 26.04(b) of the Texas Property Tax Code, the
follow values are submitted:
Total Certified Taxable Value: $ 151,605,951
Mayor DonCarlos noted that the tax rolls were received by the Council, and stated that no further
action was required on this item.
b. Receive the effective and rollback tax rate calculation for the 2013 tax year (Fiscal
Year 2014).
City Manager Leiper presented the item and stated that in accordance with Section 26.04 of the
Texas Property Tax Code, the governing body must receive the effective tax rate and the rollback
rates which are calculated at $0.80760 and $0.84830 per $100 valuation, respectively. These
rates and the method of calculation shall be published in accordance with section 26.004 of the
Texas Property Tax Code. City Manager Leiper stated that no action was required on this item
other than to receive the information.
C. Consider a proposal to consider a tax increase.
City Manager Leiper presented the item and stated that this item allows the City Council to
consider a proposal to consider a tax increase. The tax rate of $0.82203 per $100 of taxable value
will remain the same; however, because the tax rate exceeds the effective tax rate, certain notices
and hearings must be held prior to the adoption of this rate.
HE further stated that the total tax revenues from properties on the tax roll are expected to
increase from the preceding year by 1.79 percent. However, an individual's taxes may increase at
a greater or lesser rate, or even decrease, depending on the change in taxable value of the taxable
property in relation to the change in taxable value of all other property and the tax rate that is
adopted.
The City Council will need to vote on this proposal and the results of this record vote shall be
published in the notice of the corresponding public hearings.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern.
Robert C. Hoskins approving a proposal to approve a tax increase. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria I1I, Council Member Terry Sain, Council
Member Scott Sheley
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September 12, 2013
Page 8 of 24
Nays: None
Approved
d. Consider an ordinance setting the time, date, and place of two public hearings on
the proposed tax increase and setting the time, date, and place at which the City Council
will vote on the proposed tax rate.
City Manager Leiper presented the item and stated that Ordinance No. 12,332 sets the time, date,
and place of two public hearings on the proposed tax increase as required by Section 26.05 of the
Texas Tax Code.
The first public hearing may not be held before the 7th day after the date the notice of public
hearing is given and the second public hearing may not be held earlier than the third day after the
date of the first hearing. At the public hearings the public will be given an opportunity to present
its views on the tax increase. The notice of the public hearing will include how each member
voted on the proposal to consider the tax increase. The proposed ordinance sets the first public
hearing on September 24, 2013, at 6:00 p.m., and the second public hearing on October 01, 2013,
at 4:30 p.m., the third meeting is set at 6:00 p.m. on October 14, 2013, in the Council Chamber
and the City Council will vote on the proposed tax rate.
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern
Robert C. Hoskins approving Ordinance No. 12,332. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Rcnteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,332
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROPOSING TO INCREASE TOTAL TAX REVENUES FROM
PROPERTY ON THE TAX ROLL IN THE PRECEDING TAX YEAR BY 1.79
PERCENT; SETTING DATES, TIMES AND PLACES FOR TWO PUBLIC
HEARINGS ON THE PROPOSED TAX INCREASE; SETTING THE
MEETING AT WHICH THE CITY COUNCIL WILL VOTE ON THE
PROPOSED TAX RATE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
5. FCPEMSD FY 2013 -14 AMENDED BUDGET
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September 12, 2013
Page 9 of 24
a. Receive the 2013 -14 Fiscal Year amended Budget for the Baytown Fire Control,
Prevention, and Emergency Medical Services District.
City Manager Leiper presented the item and stated that the Board of Directors ( "Board ") of the
Baytown Fire Control, Prevention, and Emergency Medical Services District ( "FCPEMSD ") met
on July 16, 2013, and approved its 2013 -14 Fiscal Year budget. Thereafter, it met on September
3, 2013, and amended the budget.
Since the 2013 -14 budget was developed and adopted, staff has continued to work on a plan to
improve EMS system capacities to reduce the need for mutual aid responses from other EMS
providers. General Fund limitations to not allow us to add full -time personnel to place a 4th
ambulance in service in the upcoming fiscal year. The proposed FCPEMSD budget amendment
will move $425,000 from Working Capital to Personnel Services to provide peak -time, overtime
staffing to place a 4th ambulance in service from 7:00 a.m. to 7:00 p.m. each day. We expect this
change to reduce EMS mutual aid requests by 50% to 75 %. Personnel services would increase
from $210,638 to $635,638. The total budget would increase to $1,844,814. Working Capital
(our carryover of uncommitted funds for the following year) would be $790,790, only slightly
less than the current year adopted budgeted amount of $883,067.
In accordance with the alternative budget procedures adopted by the FCPEMSD, the Board is
required to submit the budget amendment to the City Council within 10 days after the budget
amendment is adopted. As such, this agenda item acknowledges that the Board has submitted its
amended budget and that the City Council has received it.
b. Conduct a public hearing on the amended Baytown Fire Control, Prevention, and
Emergency Medical Services District's Fiscal Year 2013 -2014 budget.
Mayor DonCarlos opened a public hearing regarding the fiscal year 2013 -2014 amended budget
adopted by the Board of Directors of the Baytown Fire Control, Prevention, and EMS District
( "FCPEMSD ") at 7:15 p.m.
City Manager Leiper stated that the total FCPEMSD budget would increase to $1,844,814.
Working Capital (our carryover of uncommitted funds for the following year) would be
$790,790, only slightly less than the current year adopted budgeted amount of $883,067.
No one signed up to speak on this item.
Mayor DonCarlos closed this public hearing at 7:16 p.m.
C. Consider an ordinance approving the Baytown Fire Control, Prevention, and
Emergency Medical Services District's 2013 -14 Fiscal Year Amended Budget.
City Manager Leiper presented the item and stated that Ordinance No. 12,333 approves the
Baytown Fire Control, Prevention, and Emergency Medical Services District's 2013 -14 Fiscal
Year Amended Budget.
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September 12, 2013
Page 10 of 24
A motion was made by Council Member Brandon Capetillo and seconded by Mayor Pro Tern
Robert C. Hoskins approving Ordinance No. 12,333. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR
2013 -14 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
6. CERTIFICATE OF UNOPPOSED CANDIDATE - DISTRICT NO. THREE
a. Receive the Certificate of Unopposed Status for the Office of Council Member,
District No. Three.
City Manager Leiper presented the item and stated that the City Council called a municipal
election for November 5, 2013, to elect a person to the Office of Council Member, District No.
Three of the City of Baytown. The filing deadline for a place on ballot for such election was
August 26, 2013, and the filing deadline for a declaration of write -in candidacy was also August
26, 2013. Mr. Brandon Capetillo was the only candidate to file for this office prior to the
deadlines.
The City Clerk, Leticia Brysch certified to Council in writing of the unopposed status of Mr.
Capetillo for the Office of Council Member, District No. Three.
b. Consider an ordinance declaring the unopposed candidate Brandon Capetillo is
elected to the Position of Council Member District No. Three of the City of Baytown.
City Manager Leiper presented the item and stated that Ordinance No. 12,334 declares the
unopposed candidate Brandon Capetillo is elected to the Position of Council Member District
No. Three of the City of Baytown.
The City Council called a municipal election for November 5, 2013, to elect a person to the
Office of Council Member District No. Three of the City of Baytown. The filing deadline for a
place on ballot for such election was August 26, 2013, and the filing deadline for a declaration of
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September 12, 2013
Page 11 of 24
write -in candidacy was also August 26, 2013. Mr. Brandon Capetillo was the only candidate to
file for office prior to the deadlines.
Therefore, the City Clerk certified to the City Council as to the unopposed status of Mr. Brandon
Capetillo and delivered a certification to the City Council. In accordance with Section 2.053 of
the Texas Election Code, the City Council, upon receipt of such a certification, may by ordinance
declare the unopposed candidate elected to office. A certificate of election will be issued at the
time at which the certification would have been issued if the candidate was elected on November
5th.
Even though citizens will not be able to cast their vote for the Position of Council Member for
District No. Three, the City's ballot will include a heading entitled "Unopposed Candidates
Declared Elected" under which the Position for Council Member, District No. Three with the
name of Brandon Capetillo will be included. Please note that this declaration does not impact the
municipal election as it relates to Council Member District Nos. One and Two.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III approving Ordinance No. 12,334. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DECLARING THE UNOPPOSED CANDIDATE BRANDON
CAPETILLO ELECTED TO THE OFFICE OF COUNCIL MEMBER
DISTRICT NO. 3 OF THE CITY OF BAYTOWN AND CANCELING THE
ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE
HELD ON THE 5TH DAY OF NOVEMBER, 2013, FOR THE PURPOSE OF
ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO. THREE
(3) OF THE CITY OF BAYTOWN; ORDERING THE CITY CLERK TO
INCLUDE IN THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO
BE HELD ON THE 5TH DAY OF NOVEMBER, 2013, A HEADING
ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER
WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT
NO. THREE (3) AND BRANDON CAPETILLO'S NAME SHALL APPEAR;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. PUBLIC HEARINGS
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September 12, 2013
Page 12 of 24
a. Conduct the first public hearing regarding the proposed annexation of
approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just
west of Sjolander and south of 1 -10 in Harris County, Texas.
Mayor DonCarlos opened the first public hearing regarding the proposed annexation of
approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west
of Sjolander and south of I -10 in Harris County, Texas at 7:19 p.m.
City Manager Leiper stated that the applicant Mr. Sam Vallagomesa has indicated the proposed
buyer of the property intends to relocate an existing large crane business from SH 146 in
Baytown to this proposed location. Annexation is being requested in order to extend city utilities
to the site. On August 8, 2013, the City Council approved a resolution granting the petition and
directing staff to create a service plan for the proposed area to be annexed.
No one signed up to speak on this item.
Mayor DonCarlos closed this public hearing at 7:20 p.m.
b. Conduct the second public hearing regarding the proposed annexation of
approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just
west of Sjolander and south of 1 -10 in Harris County, Texas.
Mayor DonCarlos opened the second public hearing regarding the proposed annexation of
approximately 16.643 acres of land situated in the Ashbel Smith Survey, Abstract 954, just west
of Sjolander and south of I -10 in Harris County, Texas at 7:20 p.m.
No one signed up to speak on this item.
Mayor DonCarlos closed this public hearing at 7:20 p.m.
8. PROPOSED ORDINANCES
a. Consider an ordinance authorizing an Interlocal Agreement for Fire Training
Instruction with the Lee College District.
City Manager Leiper presented the item and stated that Ordinance No. 12,335 authorizes an
Interlocal Agreement for Fire Training Instruction with the Lee College District (the "District ").
City Manager Leiper stated that the City's Baytown Fire Training Facility (the "Facility "), which
is located at 7022 Bayway Drive, is nearing completion. The Facility will be equipped to
replicate emergency scenarios ranging from residential, commercial and industrial street fires,
high -rise rescue, structural collapse/heavy rescue, mass - casualty emergencies, and ship fires and
rescues. In December 2012, the District approved the new Fire Science Program — which will
provide firefighter and rescue training to new and incumbent emergency personnel. The District
and the City desire to partner together in order to provide cutting -edge, industry standard training
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September 12, 2013
Page 13 of 24
at the Facility and on the Lee College campus. Through this partnership, students will have the
opportunity to participate in basic structural firefighter training and certification courses and in
exercises designed to sharpen survival skills, search and rescue techniques, and a variety of
tactics to be used in specific life- threatening situations.
Under this agreement, the District will have access to and may use the Facility. The District will
pay for personnel supplied by the City, supplies, equipment and materials it uses based upon a
fee schedule to be adopted by the Fire Chief. The agreement may be terminated by either party
with 30 days advance written notice. The Lee College Board of Regents is scheduled to consider
this agreement at its meeting scheduled for September 19'h.
A motion was made by Council Member Scott Sheley and seconded by Mayor Pro Tern Robert
C. Hoskins approving Ordinance No. 12,335. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,335
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
LEE COLLEGE DISTRICT CONCERNING THE USE OF THE FIRE
TRAINING CENTER; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing an Earnest Money Contract with the Baytown
Police Association, Inc., for the purchase of approximately 2.14 acres located adjacent to,
and to the east of the Baytown Police Station, described as Tract 6A, Abstract 709, J W
Singleton Survey, Harris County, Texas.
City Manager Leiper presented the item and stated that Ordinance No. 12,336 authorizes an
Earnest Money Contract with the Baytown Police Association, Inc., for the purchase of
approximately 2.14 acres located adjacent to and to the east of the Baytown Police Station,
described as Tract 6A, Abstract 709, J W Singleton Survey, Harris County, Texas. The
acquisition is contingent upon (i) an inspection report satisfactory to the City, (ii) an
environmental site assessment satisfactory to the City and (iii) the City Council's approval of the
earnest money agreement. This property will be used for municipal purposes.
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September 12, 2013
Page 14 of 24
The sales price shall be the appraised value of the property as determined by an appraisal
performed at the City's expense. However, if the property appraises at less than $50,000, the
Association may terminate the earnest money contract and reimburse the City for the cost of the
appraisal. If the contract is not terminated, the closing date shall be October 31 st or seven days
after receipt of the appraisal when all objections to title and the survey have been cured. This
ordinance authorizes the expenditure of an amount not to exceed $60,000.
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo approving Ordinance No. 12,336. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
ORDINANCE NO. 12,336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN EARNEST MONEY CONTRACT WITH
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC., FOR THE
PURCHASE OF PROPERTY FOR A MUNICIPAL PURPOSE;
AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH
PROPERTY IN AN AMOUNT NOT TO EXCEED SIXTY THOUSAND AND
NO /100 DOLLARS ($60,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. PROPOSED RESOLUTIONS
a. Consider a resolution canceling the City Council Regular Meeting scheduled for
Thursday, October 10, 2013.
City Manager Leiper presented the item and stated that Resolution No. 2261 cancels the City
Council Regular Meeting scheduled for Thursday, October 10, 2013 to accommodate the Texas
Municipal League Annual Conference takes place from October 8 - 11, 2013, in Austin, Texas.
City Manager Leiper further stated that the Council does not have any action items on the
impacted Council meeting, and can cancel this meeting without negatively impacting any city
business.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving Resolution No. 2,261. The vote was as follows:
City Council Regular Meeting Minutes
September 12, 2013
Page 15 of 24
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
RESOLUTION NO. 2,261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CANCELING THE REGULAR COUNCIL MEETING TO BE HELD
ON OCTOBER 10, 2013, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF
CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
10. CONSENT
A motion was made by Council Member Scott Sheley and seconded by Council Member David
McCartney approving items 10.a through 10.r and items 10.t through 10.x, item 10.s was
removed from the Consent agenda as this item was not ready for approval. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
a. Ordinance No. 12,337 authorizes an interlocal agreement with the Municipal
Development District for expenditures of up to $350,000 for the design and construction of
a second City Gateway Monument, which will most likely be located at the foot of the Fred
Hartman Bridge.
ORDINANCE NO. 12,337
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 DESIGN AND CONSTRUCTION OF A SECOND CITY GATEWAY
MONUMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 12, 2013
Page 16 of 24
b. Ordinance No. 12,338 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $111,960 for improvements at
Allenbrook Park.
ORDINANCE NO. 12,338
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 FUNDINQ OF
IMPROVEMENTS AT ALLENBROOK PARK; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Ordinance No. 12,339 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures up to $25,000 for the installation of
Kayak Launch at the Eddie V. Gray Wetlands Education and Recreation Center. This will
be the City's first ADA- accessible Kayak Launches at the Gray Wetlands Center boat
ramp.
ORDINANCE NO. 12,339
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 INSTALLATION OF A KAYAK LAUNCH AT THE EDDIE V. GRAY
WETLANDS EDUCATION AND RECREATION CENTER; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance No. 12,340 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $52,715 for trail improvements
at Goose Creek Park.
ORDINANCE NO. 12,340
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
TRAIL IMPROVEMENTS AT GOOSE CREEK PARK; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance No. 12,341 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $25,000 for the construction of
picnic shelters at Pelly Park and Central Little League Park.
City Council Regular Meeting Minutes
September 12, 2013
Page 17 of 24
ORDINANCE NO. 12,341
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 CONSTRUCTION OF PICNIC SHELTERS AT PELLY PARK AND
CENTRAL LITTLE LEAGUE PARK; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Ordinance No. 12,342 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures up to $500,000 for the extension of the
Goose Creek Trail Phases V & V1.
ORDINANCE NO. 12,342
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 EXTENSION OF THE GOOSE CREEK TRAIL PHASES V & VI; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Ordinance No. 12,343 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures up to $113,186.00 for improvements to
Youth Sports League facilities.
ORDINANCE NO. 12,343
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
IMPROVEMENTS TO YOUTH SPORTS LEAGUE FACILITIES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Ordinance No. 12,344 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $98,632 for improvements to
Jenkins and Hollaway Parks.
ORDINANCE NO. 12,344
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
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September 12, 2013
Page 18 of 24
BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING OF
IMPROVEMENTS TO JENKINS AND HOLLAWAY PARKS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
i. Ordinance No. 12,345 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $59,825.00, in order to sandblast
and paint the Roseland Park Locomotive #895.
ORDINANCE NO. 12,345
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 THE
SANDBLASTING AND PAINTING OF THE ROSELAND PARK
LOCOMOTIVE #895; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
j. Ordinance No. 12,346 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $100,250 for improvements at
Roseland Park.
ORDINANCE NO. 12,346
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
IMPROVEMENTS AT ROSELAND PARK; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
k. Ordinance No. 12,347 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures up to $128,800 to fund a two- person
median beautification crew and related equipment.
ORDINANCE NO. 12,347
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 A
TWO- PERSON MEDIAN BEAUTIFICATION CREW AND RELATED
EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 12, 2013
Page 19 of 24
1. Ordinance No. 12,348 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditure of up to $100,000 for the City of Baytown
to continue the cleanup of Tabbs Bay.
ORDINANCE NO. 12,348
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 CONTINUED CLEANUP OF TABBS BAY; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
m. Ordinance No. 12,349 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $50,000 for improvements at the
Wayne Gray Sports Complex. This project includes several smaller projects that will
include connecting trails, grading and drainage improvements, parking improvements and
storage facilities.
ORDINANCE NO. 12,349
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
IMPROVEMENTS AT THE WAYNE GRAY SPORTS COMPLEX; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
n. Ordinance No. 12,350 authorizes an interlocal agreement with the Baytown
Municipal Development District for expenditures of up to $82,100, to fund a Community
Service Program Supervisor and related equipment.
ORDINANCE NO. 12,350
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 A
COMMUNITY SERVICE PROGRAM SUPERVISOR AND RELATED
EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
o. Ordinance No. 12,351 authorizes the acceptance and closeout of the Allenbrook
Water Line Rehabilitation Project, and release of retainage in the amount of $65,201.00 to
SKE Construction, LLC.
City Council Regular Meeting Minutes
September 12, 2013
Page 20 of 24
ORDINANCE NO. 12,351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE ALLENBROOK WATER LINE
REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF SIXTY -FIVE THOUSAND TWO HUNDRED ONE AND NO 1100
DOLLARS ($65,201.00) TO SKE CONSTRUCTION, LLC, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
P. Ordinance No. 12,352 authorizes the closeout, and acceptance of the North Main /I-
10 Utility Project, Phase 1, and the release of retainage to Angel Brothers Enterprises, Ltd.,
in the amount of $36,510.55.
ORDINANCE NO. 12,352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE NORTH MAIN /I -10 UTILITY PROJECT - PHASE
l; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY -SIX
THOUSAND FIVE HUNDRED TEN AND 55/100 DOLLARS ($36,510.55) TO
ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
q. Ordinance No. 12,353 authorizes a Professional Services Agreement for the Houston
High Intensity Drug Trafficking Area Program with MSM Resources Corporation.
ORDINANCE NO. 12,353
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 A PROFESSIONAL SERVICES AGREEMENT
WITH MSM RESOURCES CORPORATION; AUTHORIZING PAYMENT OR
SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
r. Ordinance No. 12,354 authorizes the City Manager to negotiate and execute the
Assignment of a Portion of the Standard Form of Agreement between Goose Creek
Consolidated Independent School District and PBK, Inc., for certain professional services
associated with the road, sidewalk, utilities and lift station pertaining to the new
elementary school to be constructed next to Victoria Walker Elementary School (the "New
Property") under terms and conditions acceptable to the City Manager and the City
Attorney.
ORDINANCE NO. 12,354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
City Council Regular Meeting Minutes
September 12, 2013
Page 21 of 24
ENTER INTO AN ASSIGNMENT OF A PORTION OF THE STANDARD
FORM OF AGREEMENT BETWEEN GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT AND PBK, INC., FOR CERTAIN
PROFESSIONAL SERVICES ASSOCIATED WITH THE ROAD, SIDEWALK,
UTILITIES AND LIFT STATION PERTAINING TO THE NEW
ELEMENTARY SCHOOL TO BE CONSTRUCTED NEXT TO VICTORIA
WALKER ELEMENTARY; AUTHORIZING PAYMENT IN AN AMOUNT OF
ONE HUNDRED FIFTY -NINE THOUSAND FIVE HUNDRED AND NO /100
DOLLARS ($159,500.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
S. Proposed ordinance authorizing an earnest money contract with the Goose Creek
Consolidated Independent School District ( "GCCISD") for 1.6322 acres for a detention
pond for the Craigmont Estates Storm Sewer Remediation Project.
This item was pulled from the agenda and was not considered by the Council.
t. Ordinance No. 12,355 authorizes an interlocal agreement with Goose Creek
Consolidated Independent School District (the "District ") to allow its peace officers to use
certain law enforcement facilities, systems and materials of the City of Baytown.
ORDINANCE NO. 12,355
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
GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT TO
ALLOW ITS PEACE OFFICERS TO USE CERTAIN LAW ENFORCEMENT
FACILITIES, SYSTEMS AND MATERIALS OF THE CITY OF BAYTOWN;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
U. Ordinance No. 12,356 authorizes the Sanitary Sewer Overflow Initiative Agreement
with the Texas Commission on Environmental Quality.
ORDINANCE NO. 12,356
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SANITARY SEWER OVERFLOW INITIATIVE
AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF
V. Resolution No. 2,262 authorizing a request to the sheriff or constable to sell
properties, located on Thompson Road and more particularly described as Tracts 44, 45,
45A and 45B, Abstract 66 W. Scott Survey, Baytown, Harris County, Texas, at a public
sale.
City Council Regular Meeting Minutes
September 12, 2013
Page 22 of 24
RESOLUTION NO. 2,262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE
PROPERTIES, LOCATED ON THOMPSON STREET AND MORE
PARTICULARLY DESCRIBED AS TRACTS 44, 45, 45A AND 45B,
ABSTRACT 66 W. SCOTT SURVEY, BAYTOWN, HARRIS COUNTY,
TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE
TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
W. Resolution No. 2,263 authorizes the City to submit a grant application to the Texas
General Land Office for Cycle #19 of the Coastal Management Program ("CMP ") for the
removal of submerged and partially submerged pilings from Tabbs Bay.
RESOLUTION NO. 2,263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE GENERAL LAND OFFICE
OF THE STATE OF TEXAS FOR CYCLE #19 OF THE COASTAL
MANAGEMENT PROGRAM FOR THE REMOVAL OF DEBRIS FROM
DAMAGED OIL DERRICKS, SERVICE DOCKS, AND PIERS LOCATED IN
TABBS BAY IN AN AMOUNT NOT TO EXCEED NINETY -NINE
THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($99,600.00);
AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED
SIXTY -SIX THOUSAND FOUR HUNDRED AND NO /100 DOLLARS
($66,400.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY
GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
X. Resolution No. 2,264 designating Baytown/Highlands Houston Metro Go Texan
Committee First Annual 5K Rowdy Rodeo Run/Walk event as a City co- sponsored event
for which an off - premise sign may be placed on City property pursuant to Chapter 118
"Signs," Article III "Regulations," Division 4 "Location," Subdivision IV "Off- Premises
Signs," Section 118 -358 "New Signs" of the Code of Ordinances, Baytown, Texas,
contingent upon the filing of the requisite application and assumption of liability.
RESOLUTION NO. 2,264
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING FIRST ANNUAL 5K ROWDY RODEO
RUN /WALK OF THE BAYTOWN /HIGHLANDS SUBCOMMITTEE OF THE
HOUSTON METRO GO TEXAN COMMITTEE OF THE HOUSTON
City Council Regular Meeting Minutes
September 12, 2013
Page 23 of 24
LIVESTOCK SHOW AND RODEO, INC., AS A CITY CO- SPONSORED
EVENT FOR WHICH OFF - PREMISE SIGNS MAY BE PLACED ON CITY
PROPERTY PURSUANT TO CHAPTER 118 "SIGNS," ARTICLE III
"REGULATIONS," DIVISION 4 "LOCATION," SUBDIVISION 1V "OFF -
PREMISES SIGNS," SECTION 118- 358 "NEW SIGNS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING
OF THE REQUISITE APPLICATION AND ASSUMPTION OF LIABILITY;
DESIGNATING PROPERTIES ON WHICH SUCH SIGNS MAY BE
PLACED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
11. APPOINTMENTS
a. Consider two (2) appointments to the Baytown Beautification Advisory
Commission.
City Manager Leiper stated that the Baytown Beautification Advisory Commission is a nine (9)
member commission appointed by the City Council for two (2) year terms. Commissioners must
be residents of the city and may come from a variety of backgrounds
Currently there are two (2) vacancies to fill due to the resignation of Ms. Kathy McClure, who
resigned on June 18, 2013, and the resignation of Ms. Judy Wheat, who resigned on August 16,
2013. There is one (1) application on file for this position, Ms. Beverly Browne, and if appointed
she would complete the unexpired term of Ms. McClure, which is set to expire on September 30,
2014.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
David McCartney appointing Ms. Beverly Browne to the BBAC to complete Ms. McClure's
unexpired term, which ends on September 30, 2014. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Council
Member Scott Sheley
Nays: None
Approved
12. MANAGER'S REPORT
a. The Fall Community Yard Sale is scheduled for Saturday, September 14, 2013, at
Bicentennial Park from 8:00 a.m. to 3:00 p.m.
City Council Regular Meeting Minutes
September 12, 2013
Page 24 of 24
The Fall Community Yard Sale is scheduled for Saturday, September 14, 2013; at Bicentennial
Park from 8:00 a.m. to 3:00 p.m. Bicentennial Park is located at 1001 Market Street. Booth
spaces are available for $15 each. Please contact the Parks and Recreation Department at 281-
420 -6597 for more details. Admission is free.
City Manager Leiper recognized Jason Cozza, Deputy City Clerk for his new position of City
Administrator for the City of Hallettsville, Texas and wished him the best of luck on his new
professional endeavors.
13. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the September 12,
2013, City Council Regular Meeting at 7:29 P.M.
'J
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City of Bayro