Loading...
2003 01 23 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 23, 2003 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 23, 2003, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Council Member Coleman Godwin Council Member Calvin Mundinger Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Gary M. Jackson City Manager Ignacio Ramirez, Sr. City Attorney Gary W. Smith City Clerk The meeting was opened with a quorum present. Mayor Alfaro recognized the high school students present from Sterling High School and former Council Member and Mrs. Perry Simmons. Council Member Mundinger led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of the minutes of the work session and regular meeting held on January 9, 2003. Council Member Sheley moved approval of the minutes of the work session, as redrafted, and regular meeting held on January 9, 2003. Council Member Godwin seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. Council Member Mundinger abstained. The motion carried. Receive and discuss Financial Statements and Single Audit Report for the City of Baytown fiscal year ended September 30, 2002. The Financial Statements and Single Audit Report for period ended September 30, 2002 were presented. In accordance with Article II, Section 31 of the Charter, the Finance Department has prepared the financial statements for the year ended September 30, 2002. The Finance Committee met on January 22, 2003 to review the Financial Statements and Single Audit Report. Tiller and Company, a public accounting firm, conducted the independent audit. Page 2 of 7 Minutes of the Regular Session — January 23, 2003 Mark Tiller, of Tiller and Company, reported that the Comprehensive Annual Report was reviewed by his firm. The report is unqualified and the financial statements and systems are in strong shape. Revenues exceeded prior year revenues. The fund balance increased over last year. Mr. Tiller reported that the records related to the Single Audit Report were reviewed. No noncompliance was found. There were no problems related to internal controls. In addition, Mr. Tiller informed Council that the passage of Governmental Accounting Standards Board Statement 34 (GASB 34) requires government entities to provide information to assist with the implementation of the new financial reporting model. The new model will require an increased level of reporting and will add to the workload of the Finance Department. This new procedure is an attempt to make government statements more comparable to private sector financial statements. There will be new information to capture and new, expanded statements of management. Council Member Anderson moved acceptance of the reports. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Receive and discuss Baytown Area Water Authority Financial Statements for the fiscal year ending September 30, 2002. The Baytown Area Water Authority (BAWA) Financial Statements for the fiscal year ending September 30, 2002 were presented. The financial statements were presented to the BAWA Board of Directors on December 18, 2002. BAWA is presented in a separate column in the City's Comprehensive Annual Financial Report to emphasize the legal separation between BAWA and the City of Baytown. In -depth information on BAWA's financial activities was included in a separate report. Council Member Murray moved acceptance of the reports. Council Member Mundinger seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Page 3 of 7 Minutes of the Regular Session — January 23, 2003 Consider Proposed Resolution No. 030123 -1, approving the Preliminary Official Statement for the City of Baytown's General Obligation Bonds, Series 2003 and Certificates of Obligation, Series 2003, and postponing the sale of the Certificates of Obligation until February, 13, 2003. Official action of Council is necessary to schedule the bond sale subject to additional changes. This is standard practice to proceed without the necessity of further Council action prior to the sale date. Before the sale, Council will take official action to approve and ratify actions necessary to effect the sale. Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carved. RESOLUTION NO. 1567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A PRELIMINARY OFFICIAL STATEMENT FOR THE SALE OF GENERAL OBLIGATION BONDS, SERIES 2003 AND CERTIFICATES OF OBLIGATION, SERIES 2003; POSTPONING THE SALE OF CERTIFICATES OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 030123 -1, approving the installment payment of rebatable arbitrage for the $4,070,000 City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997A and the $6,820,000 City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997. Proposed Ordinance No. 030123 -1 approves the installment payment of rebatable arbitrage for the $4,070,000 City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997A and the $6,820,000 City of Baytown, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997, in the amounts of $30.688.95 and $20,866.72, respectively. This payment is made pursuant to the 1993 Treasury Regulations Section 1.148 -3(f). This payment represents payment of 90% of rebatable arbitrage for this issue through November 20, 2002. An arbitrage rebate condition occurs when interest rates earned on bond funds exceed the interest rate paid on the bonds. Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Nays: Mayor Alfaro. The motion carried. Page 4 of 7 Minutes of the Regular Session — January 23, 2003 ORDINANCE NO. 9502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING INSTALLMENT PAYMENTS OF REBATABLE ARBITRAGE FOR THE FOUR MILLION SEVENTY THOUSAND AND NO /100 DOLLARS ($4,070,000.00) CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997A AND THE SIX MILLION EIGHT HUNDRED TWENTY THOUSAND AND NO 1100 DOLLARS ($6,820,000.00) CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1997; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider termination or revision of the lease agreement with Restaurants U.S. Enterprises, Baytown LTD. This item was discussed in the work session held prior to the meeting. Council Member Mundinger moved to terminate the lease agreement with Restaurants U.S. Enterprises, Baytown LTD. Council Member Murray seconded the motion. Discussion followed regarding the time period allowed for the lessee to vacate the premises, the subsidizing of a private venture with public funds, options available regarding repairs versus the debt still owed on the structure, and the economic impact of closing the restaurant. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, and Murray. Mayor Alfaro. Nays: Council Members Renteria and Sheley. The motion carried. Consider Proposed Ordinance No. 030123 -2, authorizing the City Manager to reimburse youth sports leagues for electrical costs. On April 25, 2002, City Council passed Ordinance No. 9350, which authorized the City Manager to reimburse the cost of electrical services to non - profit youth sports leagues utilizing City-owned facilities on a one -time basis. Funding for reimbursement was included in the budget. The current fiscal situation and the schedule for developing our strategic plan bring this matter to Council for individual consideration. The leagues must have a signed contract with the City prior to the start of league play to be eligible to receive the reimbursement. If approved, this reimbursement will become a component of the contract. Compensation will be paid, up to a maximum of $5,000 each, for electrical costs incurred between the months of March 1, 2003 and September 30, 2003 for baseball/softball youth leagues, and October 1, 2002 to April 30, 2003 for the soccer youth league. The total reimbursement for the six youth leagues will not exceed $30,000. , Council Member Murray moved adoption of the proposed ordinance, with the stipulation that the aggregate total of $15,000, or a maximum of $2,500 per league, be underwritten for the electrical costs for the four Little Leagues, the Soccer League, and the Girls' Softball League. Council Member Godwin seconded the motion. The vote follows: Page 5 of 7 Minutes of the Regular Session — January 23, 2003 Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. ORDINANCE NO. 9503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO REIMBURSE YOUTH SPORTS LEAGUES FOR THEIR ELECTRICAL COSTS UP TO A MAXIMUM OF TWO THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($2,500.00); AUTHORIZING TOTAL PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND AND NO 1100 DOLLARS ($15,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution No. 030123 -2, approving application to the Criminal Justice Division, Office of the Governor for a Byrne Funded Grant for the Harris County Organized Crime & Narcotics Task Force, designating the City Manager as the Authorized Official; authorizing the City Manager accept any grant awarded from the application; and taking additional actions related to the application and award. Proposed Resolution No. 030123 -2 approves an application to the Criminal Justice Division, Office of the Governor for a Byrne Funded Grant of $3,238,391 for the Harris County Organized Crime & Narcotics Task Force, designating the City Manager as the Authorized Official; authorizing the City Manager to accept any grant awarded from the application; and taking any additional actions related to the application and award. The total match for this grant will be $1,185,330. The City of Baytown's match portion of the local match is $72,537. The remaining match money will come from member agencies and generated program income. Council Member Godwin moved adoption of the proposed resolution. Council Member Mundinger seconded the motion. It was noted that this amount is included in the current budget. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. RESOLUTION NO. 1568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO APPLY FOR A GRANT TO THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, BYRNE FUNDED GRANT PROGRAM IN CONNECTION WITH THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE; AUTHORIZING THE REPRESENTATIVE TO APPLY FOR, ACCEPT, ALTER OR TERMINATE ANY GRANT AWARD THAT MAY RESULT THEREFROM; COMMITTING TO PROVIDE THE REQUISITE MATCH FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 6 of 7 Minutes of the Regular Session — January 23, 2003 I Consider appointments to Baytown Area Community Long -Range Planning Commission. The term of Kenneth Roach (District 2) expired on January 1, 2003. Mr. Roach is willing to serve again if Council reappoints him. He attended one of the six meetings held. Council Member Sheley moved appointment of Kenneth Roach to the Baytown Area Community Long - Range Planning Commission. Council Member Anderson seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria, and Sheley. Mayor Alfaro. Nays: None. The motion carried. Consider appointment to the Growth Management and Development Advisory Commission and Planning and Zoning Commission. The term of Glenn Angel (District 5) expired on January 1, 2003. Mr. Angel attended eight of the twelve meetings during his term. Council was not ready for action on this item. Announcement of Mayor Alfaro's appointments to the Sign Committee. The terms of Otis Graham (Real Estate Appraiser), Joe Muller (Real Estate Appraiser), Robbie Robbins (Gulf Coast Signs), Quincy Allen (TxDot), and Bruce Riggs (Landscape Architect) expired on November 30, 2002. Except for Mr. Graham, who is unable to serve, and Mr. Robbins, who is no longer in the sign business, all are willing to serve again. Mayor Alfaro announced that Joe Muller (Real Estate Appraiser), Paul Smoke (Design Ventures -sign business), Bruce Riggs (Landscape Architect), and Quincy Allen (TxDOT) have been appointed to the Sign Committee. The terns are for two years. No action by Council is required. City Manager's Report. City Manager Jackson informed Council that long -time City employee Connie Knepp will retire on January 31, 2003. He invited Council to the retirement party to be held that morning, beginning at 8:30 a.m. Mr. Jackson reported to Council that the City's application for grant funds from the Texas Parks and Wildlife Department for the Wayne Gray Sports Complex had been denied. He said that staff will resubmit the application. Mr. Jackson asked for input regarding a date and time for the work session to review current services. The date has been tentatively set for January 30, 2003 at 5:00 p.m. However, Mr. Renteria has a prior commitment and cannot attend on that date. Following discussion, it was the consensus of Council that Page 7 of 7 Minutes of the Regular Session — January 23, 2003 the meeting be held on January 30, 2003, beginning at 3:00 p.m. F Council Member Sheley left the meeting at 7:40 p.m. Mr. Jackson announced the appointments to the Police Chiefs Citizens Advisory Panel, as follows: At -large: Marie Juarez District 1 Fred Aguilar Laura Acosta District 2 Carmen Torres District 3 Chris Christensen Gilbert Sandoval District 4 Thomas (Tom) P. McLaughlin Garland A. Huey District 5 Greg Garrett Jimmy Christy District G Tommie Herring J. Allen Cannon Adjourn. Council Member Mundinger moved that the meeting adjourn. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria. Mayor Alfam. Nays: None. The motion carried. There being no further business, the meeting adjourned at 7:44 p.m. G W. Shlith City Clerk f