2002 11 26 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 26, 2002
6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on November 26, 2002, at 6:30
p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Ronnie Anderson
Coleman Godwin
Calvin Mundinger
Don Murray
Mercedes Renteria III
Pete C. Alfaro
Gary M. Jackson
Karen Horner
Gary W. Smith
Absent was: Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
Interim City Manager
First Assistant City Attorney
City Clerk
Council Member
The meeting was opened with a quorum present. Mayor Alfaro recognized the high school student
present. Council Member Godwin led the pledge of allegiance and offered the invocation after which
the following business was conducted:
Consider approval of minutes of the work session and regular meeting held on November 14,
2002.
Council Member Anderson moved approval of the minutes of the work session and regular meeting
held on November 14, 2002. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider Proposed Ordinance No. 021126 -1, continuing the engagement of Bettye Lynn of
Karger Key Barnes and Springer, LLP, for legal services in connection with the lawsuit filed on
behalf of certain firefighters against the City of Baytown regarding firefighter longevity pay.
Proposed Ordinance No. 021126 -1 continues the engagement of Bettye Lynn of Karger Key Barnes
And Springer, LLP, for the performance of legal services in connection with Cause No. 2001 - 624939;
Keith Lowell, et al. v. City of Baytown; in the 215th Judicial District Court of Harris County, Texas, the
lawsuit filed on behalf of certain firefighters against the City of Baytown regarding firefighter
longevity pay. Originally, the City Council authorized $35,000, plus expenses for such services. The
proposed ordinance authorizes an additional amount not to exceed $25,000.
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Minutes of the Special Session — November 26, 2002
Ms. Lynn represented the City in three arbitration hearings dealing with a temporary suspension,
demotion, and indefinite suspension, and was the City's lead negotiator in the collective bargaining
process.
Council Member Godwin moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONTINUING THE ENGAGEMENT OF BETTYE LYNN OF KARGER KEY BARNES AND
SPRINGER, LLP, FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH
THE LAWSUIT FILED ON BEHALF OF CERTAIN FIREFIGHTERS AGAINST THE CITY OF
BAYTOWN REGARDING FIREFIGHTER LONGEVITY PAY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021126 -2, approving an amendment to the professional
services contract with Bricker - Cannady Associates for additional services rendered related to
improvements to the Community Center.
Proposed Ordinance No. 021126 -2 approves an amendment to the professional services contract with
Bricker Cannady Associates for additional services in the amount of $12,000 and additional time due
to the interval spent in consideration of adoption of the Master Plan. Bricker Cannady provided
additional assistance in the development of a master plan for the Community Center. This work was in
addition to the duties specified in the contract for the design of the improvements to the roof, restrooms
and heating and air conditioning of the Community Center, and included programming and space
planning for the relocation of the Health Department to the Community Building. A detailed
conceptual cost estimate was developed for each of the three project phases identified in the Master
Plan. Consultations were provided in an effort to develop strategies to qualify for funding from a
LoneSTAR low interest loan. The original contract amount is $136,000. This amendment will
increase the total contract amount to $148,000 and extend the term from July 20, 2002 to December
16, 2003. This project is funded by 2001 General Obligation Bonds.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Im
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Minutes of the Special Session — November 26, 2002
ORDINANCE NO. 9475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE THE
NOTIFICATION OF AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
BRICKER + CANNADY ARCHITECTS FOR THE BAYTOWN COMMUNITY CENTER RENOVATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWELVE
THOUSAND AND NO /100 DOLLARS ($12,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021126 -3, authorizing the reimbursement from bond funds.
The City reasonably expects to reimburse itself for all costs that have been or will be paid subsequent
to the date that is 60 days prior to the date hereof and that are to be paid in connection with the
acquisition, construction, reconstruction or renovation of the following property from the proceeds of
tax- exempt obligations to be issued subsequent to the date hereof:
Item Amount
Miscellaneous Sewer Rehab & Emergencies $1,000,000
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 0211264, awarding the annual cationic polymer contract.
Proposed Ordinance No. 021126 -4 awards the annual cationic polymer contract to Atlantic Coast
Polymers, Inc., in the amount of $45,252. Invitations to bid were distributed to seven suppliers and we
received four bids and one no -bid. This contract is used by the Wastewater Treatment Plants in
flocculation applications utilizing belt presses and centrifuges. This contract allows an option to renew
for three additional one -year periods, each additional year renewable upon the City Council's approval and
the receipt by the City of written notice from the bidder of his desire to renew said contract at least thirty
days prior to the expiration of the contract. This is the original term of this contract. Funds are available
in the Wastewater Treatment/Chemicals account.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
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Minutes of the Special Session — November 26, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carved.
ORDINANCE NO. 9477
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AWARDING THE ANNUAL CATIONIC POLYMER CONTRACT TO ATLANTIC COAST
POLYMERS, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
FORTY -FIVE THOUSAND TWO HUNDRED FIFTY -TWO AND NO 1100 DOLLARS
($45,252.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 021126 -5, approving an agreement with Gary M. Jackson for
professional services and employment as City Manager.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS
CITY MANAGER WITH GARY JACKSON; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider appointment to the Board of Directors of Reinvestment Zone Number One, City of
Baytown.
Board Member Tom Gidley tendered his resignation from the Reinvestment Zone Number One, City
of Baytown Board of Directors on September 30, 2002. His resignation was necessitated by his
relocation from Baytown due to acceptance of a position with a commercial real estate firm in San
Antonio. Mr. Gidley served in Position 1 of the Board that is appointed by City Council. Mr. Gidley
, was reappointed in August, 2002 and his tern expires on August 31, 2004.
Council Member Murray moved appointment of Gilbert A. Santana to the Board of Directors of
Reinvestment Zone Number One, City of Baytown. Council Member Renteria seconded the motion.
The vote follows:
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Minutes of the Special Session — November 26, 2002
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Emergency Medical Services Committee.
The terms of Dr. James Bernick, Ernie Whitener, and Gail Kenney expire on December 11, 2002.
Each person has agreed to serve if reappointed by council. During the most recent term Dr. Bernick
attended three and Mr. Whitener attended two of the three meetings of the committee held in 2002.
Ms. Kenney was appointed to fill an unexpired term on January 24, 2002 and has attended two
meetings of the committee since her appointment. The tenns are for two years.
Council Member Mundinger moved appointment of Dr. James Bernick, Ernie Whitener, and Gail
Kenney to the Emergency Medical Services Committee. Council Member Anderson seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Community Development Advisory Committee.
Terns for the following members expire on January 1, 2003: Aida Rendon, Rebecca Greathouse, Eric
Halverson, Norman Barnett, and Joe Frank Robins. They represent Council Districts 1, 2, 4, 5, and 6
respectively. All members are willing to serve again if Council reappoints them. During the most
recent term, Ms. Rendon attended three, Ms. Greathouse attended four, Mr. Halverson attended eight,
and Mr. Barnett attended four of the eight meetings held between October 1, 2001 and September 30,
2002. Mr. Robins was appointed to fill an unexpired term on May 23, 2002, and has attended two of
the meetings held since his appointment. The terms are for two years.
Council Member Anderson moved appointment of Aida Rendon, Rebecca Greathouse, Eric Halverson,
Norman Barnett, and Joe Frank Robins to the Community Development Advisory Committee.
Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
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Minutes of the Special Session — November 26, 2002
,/t Announcement of Mayor Alfaro's appointments to the Transportation Policy Council and the
Technical Advisory Committee of the Houston - Galveston Area Council.
Mayor Alfaro announced his appointment of Council Member Don C. Murray to the Transportation
Policy Council of the Houston - Galveston Area Council, with himself as alternate, and Planning
Director Greg Stubbs to the Technical Advisory Committee of the Houston - Galveston Area Council,
with Public Works Director Fred Pack as alternate.
City Manager's Report.
Mr. Jackson reminded Council that the Annual Christmas Parade will be held on Thursday, December
5, 2002, beginning at 6:30 p.m. Mr. Jackson announced that the Annual Christmas Tree Lighting and
Art Reception will be held on Friday, December 6, 2002, at 6:00 p.m.
Mayor Alfaro wished a Happy Thanksgiving to Council, staff, and the citizens of Baytown.
Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Anderson seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renleria.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 6:44 p.m.
G W. mith
City Clerk
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