2005 12 08 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 8, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on December 8, 2005, at 6:30 p.m.
in the Auditorium of the Baytown Community Center with the following in attendance:
Ronnie Anderson
Brandon Capetillo
Sammy Mahan
Don Murray
Mercedes Renteria III
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Kelvin Knauf
Bob Leiper
Ignacio Ramirez, Sr.
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager /Interim City Clerk
Deputy City Manager
City Attorney
The meeting was opened with a quorum present and Council Member Murray 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 special meeting held on November 22,
2005.
Council Member Capetillo moved approval of the minutes of the work session and special meeting held
on November 22, 2005. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: None.
Council Member Renteria abstained.
The motion carved.
Citizen Communications:
Michael Stewart, 7015 Garth, Baytown, owner, Discount Nursery requested to address Council regarding
amending the hours for selling Christmas trees as an open air vendor.
Mr. Stewart was not present when his name was called.
Page 2 of 19
Minutes of the Regular Session - December 8, 2005
,, Consider Proposed Ordinance No. 051208 -1 amending Chapter 74 "Peddlers and Solicitors,"
Article II "Itinerant Merchants and Open Air Vendors," Division 1 "Generally," Section 74-32
"Hours" of the Code of Ordinances to revise the hours of operation for open air vendors.
Council Member Murray moved adoption of the proposed ordinance. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor. Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,215
AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 74 "PEDDLERS AND SOLICITORS," ARTICLE II "ITINERANT
MERCHANTS AND OPEN AIR VENDORS," DMSION 1 "GENERALLY," SECTION 74-32
"HOURS" OF THE CODE OF ORDINANCES OF THE QTY OF BAYTOWN, TEXAS, TO
REVISE THE HOURS OF OPERATION FOR OPEN AIR VENDORS; OONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND
N01100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 051208 -2, the first reading of the Ordinance annexing property
currently within the extra - territorial jurisdiction of the City of Baytown and being described as a
0.0295 acre (1,285 square feet) of land out of Lot 2 of the Minor Plat of Scottish Inns and Suites as
recorded in Film Code No. 519052 of the Harris County Map Records, located in the Ed Schaffer
Survey, Abstract No. 1224, and the T.T. Ristergen Survey, Abstract No. 1425, Harris County,
Texas, located directly behind the proposed Discount Tire Store on Garth Road.
The property is intended to be developed as part of the parking and landscaping for the proposed
Discount Tire Store.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 3 of 19
Minutes of the Regular Session - December 8, 2005
ORDINANCE NO. 10,216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF 0.0295 ACRES OF LAND IN THE ED
SHAFFER SURVEY, ABSTRACT NO. 1224, AND THE T.T. RISTERGEN SURVEY, ABSTRACT
NO. 1425, HARRIS OOUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND
ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE QTY OF BAYTOWN, TEXAS.
Consider Proposed Resolution No. 051208 -1, accepting a petition requesting annexation
submitted by Burnet Bay, Ltd. of 403.9469 acres of land described by deeds to Burnet Bay, LTD
recorded under Harris County Clerk's File Numbers X913086, Y603616, Y603617, and Y603619,
located in the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey,
Abstract Number 336, Harris County, Texas.
This property has no residents and contains all of the Harris County Municipal Utility District No. 473
property. This property is the proposed Spring Water Village subdivision which City Council previously
approved for creation of an in -city Municipal Utility District.
Council Member Capetillo moved adoption of the proposed resolution. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1757
A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, GRANTING
THE PETITION OF BURNET BAY, LTD., CONCERNING THE ANNEXATION OF 403.9469
ACRES OF LAND IN THE NATHANIAL LYNCH SURVEY, A-44 AND THE WILLIAM HILBUS
SURVEY, A-336, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECIIVE DATE
THEREOF.
Consider Proposed Ordinance No. 051208 -3 awarding a construction contract for the West
District Head Works Rehabilitation Project to G&N Enterprises, Inc.
Proposed Ordinance No. 051208 -3 awards a construction contract in the amount of $790,000 to G&N
Enterprises, Inc. for the West District Head Works Rehabilitation Project. The base bid was in the
amount of $660,000. The bid alternate for the installation of a new structural liner to increase the life of
the wet well adds an additional $130,000, for a total contract amount of $790,000. The engineering
estimate of probable cost was $761,900. The scope of work includes the replacement of six existing
submersible pumps, installation of a new exhaust fan and intake louver, electrical work with a level
controller, and wet well rehabilitation. The construction duration is 150 calendar days. 2002 and 2004
Certificates of Obligation and 1997 TWDB Bonds will fund this project.
Page 4 of 19
Minutes of the Regular Session - December 8, 2005
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH G&N ENTERPRISES, INC, FOR THE WEST
DISTRICT HEAD WORKS REHABILITATION PROJECT; AUTHORIZING PAYMENT OF THE
SUM OF SEVEN HUNDRED NINETY THOUSAND AND N01100 DOLLARS ($790,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 051208 -4, awarding a construction contract for the Central
District WWTP Rehabilitation Project to CSA Construction, Inc.
Proposed Ordinance No. 051208 -4 awards a construction contract in the amount of $1,508,000 to CSA
Construction, Inc. for the Central District WWTP Rehabilitation Project. The scope of work includes the
replacement of the sludge collector mechanisms in Clarifier # 1 and # 2, rehabilitation and replacement of
the head works influent channel, including bar screens and gates. In addition, the scope includes work to
the head works bypass channel, sludge dewatering conveyor, and electrical improvements to the MCC
panel. The construction duration is 240 calendar days. 2005 -2006 TWDB Bonds, 2004 Certificates of
Obligation, and Water and Sewer CIPF will fund this project.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,218
AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH CSA CONSTRUCTION, INC, FOR THE
CENTRAL DISTRICT WASTEWATER TREATMENT PLANT REHABILITATION PROJECT;
AUTHORIZING PAYMENT OF THE SUM OF ONE MILLION FIVE HUNDRED EIGHT
THOUSAND AND N01100 DOLLARS ($1,508,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 19
Minutes of the Regular Session - December 8, 2005
Consider Proposed Ordinance No. 051208 -5 authorizing the renewal of the 2005 Annual Sanitary
Sewer Rehabilitation contract with PM Construction & Rehab., L.P.
Proposed Ordinance No. 051208 -5 authorizes the renewal of the 2005 Annual Sanitary Sewer
Rehabilitation contract with PM Construction & Rehab, L.P. (PM Construction). PM Construction
recently completed the 2003 - 2005 Annual Sanitary Sewer Rehabilitation Project and exceeded the City's
performance expectations. The scope of work includes sanitary sewer rehabilitation work primarily using
the pipe bursting method, but will also include some removal and replacement by open trench method as
needed. This contract is in the final year of renewal. As such, next year's contract will need to be
competitively bid. The contractor has accepted and agrees to the same terms, conditions and unit prices
except as outlined in the attached letter and spreadsheet. Due to a shortage of HDPE pipe caused by not
only economic market factors but also the recent hurricanes, PM Construction has requested an
adjustment to some of the line items in accordance with the Consumer Price Index for all Urban
Consumers (CPIU) as reported by the Bureau of Labor Statistics of the Department of Labor. The
original contract amount was $798,455.75 and with this adjustment, the revised contract amount is
$822,113.20. However, staff requests that Council authorize expenditures up to $1,000,000, which is the
annual budgeted amount. The construction duration is one calendar year and the project will be funded by
1998 and 2000 Certificates of Obligation.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,219
AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF PM CONSTRUCTION & REHAB, L.P., FOR THE 2005
ANNUAL SANITARY SEWER REHABILITATION CONTRACT AND AUTHORIZING
PAYMENT BY THE QTY OF BAYTOWN, UP TO THE SUM OF ONE MILLION AND NO/ 100
DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 051208 -6, adjusting final quantities, and approving final
payment to RWL Construction, Inc. and accepting the Steinman Sanitary Sewer Rehabilitation -
Phase I project
Proposed Ordinance No. 051208 -6 adjusts final quantities, approves final payment of $33,519.50 to RWL
Construction, Inc. and accepts the Steinman Sanitary Sewer Rehabilitation - Phase I project. The original
contract was awarded to RWL Construction, Inc. for $681,715 and the contract duration was 200 calendar
days. Change Order No. 1 was approved by Council on May 26, 2005 for additional surface restoration at
the Baytown Nature Center and adjusted the contract amount to $740,718 and the contract duration to
215 calendar days. The final balance sheet shows a reduction in the final contract amount by $70,328 to
$670,390, which represents a 1.66% cost savings from the original contract amount. The cost savings was
largely due to an adjustment of final quantities on various bid items. The contractor was substantially
complete with the project in the allotted time and their workmanship was satisfactory.
Page 6 of 19
Minutes of the Regular Session - December 8, 2005
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Sheley seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,220
AN ORDINANCE OF THE CITY OOUNQL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE STEINMAN SANITARY SEWER REHABILITATION - PHASE I PROJECT
AND IMPROVEMENTS; AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-THREE
THOUSAND FIVE HUNDRED NINETEEN AND 50/100 DOLLARS ($33,519.50) TO RWL
OONSTRUCITON, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 051208 -7 authorizing the exchange of a one -acre tract currently
owned by the City of Baytown for a two and one -half acre tract both within Reinvestment Zone
No. One, City of Baytown, to facilitate their development under the City's Project Plan and
Reinvestment Zone Financing Plan for the zone.
The City Council designated the Reinvestment Zone No. One, City of Baytown, pursuant to Chapter 311,
Texas Tax Code, and adopted a Project Plan and Reinvestment Zone Financing Plan. The City currently
owns approximately one acre located within the Zone on Garth Road that the Cty desires to have
developed under the Plan. The City has identified approximately two and one -half acres also located
within the Zone on Eastpoint Boulevard to exchange for the one -acre tract so that it can be developed in
accordance with the Plan. The exchange of the one -acre tract for the two and one -half -acre tract is in
accordance with Section 272.001(b)(6) of the Texas Local Government Code and is contingent upon
appraisals of the properties indicating that the fair market value of the two and one -half -acre tract equals
or exceeds the fair market value of the one -acre tract. The proposed ordinance authorizes the exchange of
properties and the corresponding earnest money contract, which sets the closing date as December 29,
2005.
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Murray
seconded the motion, The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 7 of 19
Minutes of the Regular Session - December 8, 2005
ORDINANCE NO. 10,221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AND AUTHORIZING THE EXCHANGE OF A ONE -ACRE TRACT FOR A TWO
AND ONE -HALF ACRE TRACT BOTH WITHIN REINVESTMENT ZONE NO. ONE, CITY OF
BAYTOWN, TO FACILITATE THEIR DEVELOPMENT UNDER THE QTY'S PROJECT PLAN
AND REINVESTMENT ZONE FINANCING PLAN FOR THE ZONE; DIRECTING THE CITY
MANAGER TO EXECUTE AND THE INTERIM QTY CLERK TO ATTEST TO AN EARNEST
MONEY CONTRACT FOR SUCH EXCHANGE; AND PROVIDING FOR THE EFFECnVE
DATE THEREOF.
Consider Proposed Ordinance No. 051208 -8, approving the installation of 81 street lights at
various locations.
CenterPoint Energy issued 114 streetlight free allowances to the City of Baytown for 2005. The City has
installed 19 of its allowances for this year. The Planning and Zoning Commission, at its November 16,
2005 meeting, approved recommending that City Council consider installation of 81 street lights for 2005
at the following locations:
9943 Bayou Woods
3305 Savell
9814 Bayou Woods
3907 Savell
9630 Bayou Woods
4011 Savell
9715 Forest Hollow
4107 Lonely Pine Drive
7318 Longleaf Lane
4803 Gulfway Drive
7415 Willow Oak
4705 Gulfway Drive
10018 Sweet Gum
4611 Gulfway Drive
7419 Lone Oak
4704 Spring Lane
10014 Sweet Gum
4709 Spring Lane
10013 Lost Pine
4800 Summer Lane
9731 El Chaco
5419 Shirley
7119 Tejas
5427 Hazel
7126 Sonora
5406 Hazel
7102 Mescalero
5425 Lillian
7102 Tonkawa
5419 Louise
7102 Bannock
5409 Louise
7102 Hopi
5302 Vae
7102 Seminole
5410 Vae
7102 Chinook
5309 Crestmont
1608 Maryon
5308 Lorraine
3918 Raccoon Drive
5301 Hemlock
4007 Raccoon Drive
801 North Bend Drive
1008 North Bend Drive
611 Meadowick Drive
712 Meadowick Drive
612 Meadowglen Drive
709 Meadowglen Drive
3101 New Meadow Drive
3203 New Meadow Drive
1605 Nolan Road
1714 Nolan Road
2310 Nolan Road
1001 Knowlton Road
1202 Olive Street
711 Scenic Drive
608 Scenic Drive
508 Scenic Drive
3507 Woodcrest Drive
3411 Woodcrest Drive
3118 Iowa Street
504 East Pearce
1106 Walker
3223 Walker
100 Ave J
Near 3717 Ponderosa;
North -east comer of 4519 Ponderosa;
North -west comer of 900 New Castle Drive;
3 lights are proposed at 5207 North Main (near the park);
3 lights are proposed at 5555 N. Main (near Baytown Christian Academy);
On Nolan road at intersection with S.H. 146 feeder -south side;
South -east side of Cary's Bayou on Raccoon Drive;
West side of Raccoon Drive; across from Savell Drive;
East side of Raccoon Drive; 325' north of Savell Drive;
North side comer, the intersection of Raccoon Drive and Mission Viejo Drive;
Page 8 of 19
Minutes of the Regular Session - December 8, 2005
South -west comer, intersection of Raccoon Drive and Forrest Gate Drive; and,
the northeast comer of Greenbriar Drive and Winkler Drive.
This item was not ready for consideration.
Consider Proposed Ordinance No. 051208 -9, giving effect to a portion of the letter from the
former city manager concerning property owned by Norman Dykes to not charge
connection fees (now impact fees) for certain tracts of land as part of the City's purchase of
approximately 1/3 acre of land for a lift station.
In 1995, the City charged water and sewer connection fees, the predecessor to today's impact fees.
On December 14, 1995, the City approved in Ordinance No. 7582 the purchase of property in the
Landing at Cedar Bayou for a .0367 acre lift station site. As consideration for such purchase, the
City Council authorized payment to Mr. Dykes in the amount of $50,000 and authorized that certain
easements be deeded back to Mr. Dykes. On December 15, 1995, Mr. Dykes refused to sign the
deed to the City because neither connection fees for adjoining acreage nor damages to his property
were addressed. The City Manager at the time (Bobby Rountree) sent a letter to Mr. Dykes stating
that there would be no charge to him or his successors for water and sewer connections to existing
or new City lines adjacent to Mr. Dykes' property and that a chain link fence would be installed. Mr.
Dykes wants the City to give effect to this letter he obtained from the former City Manager by
agreeing that impact fees for property that he has since subdivided have been in effect pre-paid.
The non - payment of connection charges for his property at the time of this purchase would have
been an estimated $51,509 benefit in addition to the $50,000 paid by the City to obtain the '/3 acre,
based on development as single family residences on standard lots. The non - payment of impact fees
concerning his property would be a $269,215 benefit in addition to the $50,000 paid by the City to
obtain the 1/3 acre, based on development as single family residences on standard lots. The City staff
has told him that the staff has no authority to consider the impact fees as pre-paid since the letter he
received from the former City Manager exceeded the City Manager's authority. Please note that Mr.
Dykes was the City Engineer, Director of Public Works, and the City's Assistant City Manager prior
to this transaction but was not employed by the City when this transaction occurred.
This item was not ready for consideration.
Consider Proposed Ordinance No. 051208 -10, authorizing a change order to the annual
wood grinding and material handling services contract.
Proposed Ordinance No. 051208 -10 authorizes a change order to the annual wood grinding and
materials handling services contract in the amount of $195,000. This change order is necessary due
to the additional services provided to mitigate the storm damage caused by Hurricane Rita. This
amount will be submitted to FEMA for reimbursement.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor. Mundinger.
Nays: None.
The motion carved.
Page 9 of 19
Minutes of the Regular Session — December 8, 2005
ORDINANCE NO. 10,222
AN ORDINANCE OF THE QTY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 WITH NOVUS WOOD GROUP, L.P., FOR THE
ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE
HUNDRED NINETY-FIVE THOUSAND AND NO /100 DOLLARS ($195,000.00); MAKING
OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Resolution No. 051208 -2, authorizing the transfer of funds between
departments in accordance with Section 68 of the City Charter.
Proposed Resolution No. 051208 -2 authorizes the transfer of $52,000 in the General Fund and
$55,000 in the Water and Sewer Fund in accordance with Section 68 of the City Charter. This is
primarily a "housekeeping" function. Various expenses in the utility accounts increased to cause the
City Hall Maintenance Department to exceed their budget. An increase in overtime caused the
Emergency Medical Services Department to exceed their budget. The General Overhead
Department will transfer funds from the electric service and contingency accounts to cover the
overage. In the Water and Sewer Fund, the Treated Water Department exceeded the treated water
expenses to exceed their budget. The Water and Sewer General Overhead Department will transfer
funds to cover the overage. All transfers were made between the various departments utilizing
savings realized and will have no impact on the total budget. Total fund expenditures were within
budgeted levels.
Council Member Mahan moved adoption of the proposed resolution. Council Member C.apetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
RESOLUTION NO. 1758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS
AC30UN'I5 WITHIN THE GENERAL FUND AND THE WATER AND SEWER FUND;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 10 of 19
Minutes of the Regular Session — December 8, 2005
Consent Agenda
a. Proposed Ordinance No. 051208 -11 authorizes the purchase of Geographic
Positioning System (GPS) Survey Equipment from Martin Instrument Surveying
Solutions in the amount of $40,968. A portion of this equipment will augment the
current GPS equipment being used for survey grade mapping of the City's
infrastructure. This information will be made available on the Graphical
Information System (GIS) for both in -house management purposes and to the
public as it becomes available. The remainder of the equipment will be used by the
Health Department Storm Water Division to collect information required to satisfy
several of their Minimum Control Measures as approved by City Council. There are
currently two full systems available in the City inventory which are being used on a
regular basis. Funding for this purchase is from the 2001 GPS bond issue and the
Storm Water Utility Fund. Martin Instrument is a CISV vendor.
b. Proposed Ordinance No. 051208 -12, authorizes the purchase and configuration of a
new Municipal Court software package from Tyler Technologies, Inc. in the amount
of $102,476. This will replace the current Municipal Court software which is
currently over fifteen years old. This new software will be installed on a Windows
based server and will be a Windows interface. The current software is still text based
and is only supported by a single individual which could pose serious problems
should an unforeseen event happen to this individual. The new software package
will also include capabilities not available in the current software which will keep the
court up to date with state laws and requirements without additional programming.
Tyler Technologies, Inc. is a CISV vendor on the Texas State Contract. Funding for
this purchase is from the Municipal Court Technology Fund.
C. Proposed Ordinance No. 051208 -13 awards the fast renewal of the annual cationic
polymer contract in the amount of $43,375.50 to Polydyne, Inc. Polydyne, Inc.
submitted a written request to renew the current contract for the same terms and
conditions with an allowable Consumer Price Index increase of 4.3 %. The
Consumer Price Index for all Urban Areas (CPIU) is the economic indicator most
widely used to measure inflation for prices of goods and services purchased for
consumption by urban households. The CPIU is an average based on the previous
12 months. This contract is used by the Wastewater Treatment plants in flocculation
applications utilizing belt presses and centrifuges.
d. Proposed Ordinance No. 051208 -14 awards the low bidder, Nicol Scales, LP, the
portable law enforcement axle scale system including a trailer in the amount of
$39,771.02. Invitations to bid were sent to three (3) suppliers and three (3)
responses were received. The system is portable and will allow weigh -ins of trucks in
a variety of areas and applications where stationary scales are not feasible. Funding
for this purchase is from CCPD Transitional Operations.
Page 11 of 19
Minutes of the Regular Session - December 8, 2005
e. Proposed Ordinance No. 051208 -15 awards the low bidder, Municipal Emergency
Services, Inc., the Scott SEMS Base Station and Kits for the Fire Department, in
the amount of $25,581.45. Invitations to bid were sent to four (4) suppliers and
two (2) responses were received. Equipment purchased is to be compatible and
integrated with the existing Fire Department Scott air pack equipment. The Scott
SEMS (Scott Electronic Management System) will allow the department to have
better fire ground accountability for its members. It is an integrated PASS device
or Personnel Alert System that includes a base station that sends and receives
critical information between the firefighter and the Incident Commander. The
firefighter's status is displayed on the base unit, which may be connected to a
laptop for better viewing, after he turns his air pack on and the base station
accepts the logon. The base station displays the apparatus on which the firefighter
arrived, seat position, air -pack air content, real time from cylinder valve opening
and alarm status. The Incident Commander will view the status of all firefighters
wearing air packs. In the display, the Commander can see when the firefighter is
low on air (LOW AIR), receives a new cylinder (RESET), when a firefighter is
self - evacuating (W'DRAW), and when the firefighter manually activates his
PASS device or remains still for 30 seconds (PASS). The Incident Commander
can also call for an evacuation of a structure using the base system. To do so, he
would press the EVAC button on the base station and a total evacuation of an
individual or a company would be performed. The firefighters would then need to
press their acknowledge buttons to confirm the order. The Scott SEMS allows the
Incident Commander to strategically plan the use of fire department personnel for
RIC operations, the replacement of attack teams, and to notify inside attack teams
to begin search and rescue efforts for downed personnel.
f. Proposed Ordinance No 051201 -16 authorizes an interlocal agreement with the
Baytown Municipal Development District for the installation of air conditioning in
the Bob Craig Exhibit Room at the Eddie V. Gray Wetlands Education and
Recreation Center. The Eddie V. Gray Wetlands Education and Recreation Center
(the "Center") located at 1724 Market Street has been open since 1998. The Center
houses several meeting rooms, a lab, a computer lab, and a large 14,000 sq. foot
exhibit room. The Bob Craig Exhibit Room does not currently have air -
conditioning and is almost impossible to work in and use during the hot summer
months. The funding from the MDD 2005 -06 budget in an amount not to exceed
$105,000 will provide for a complete air - conditioning system for the large exhibit
room that will not only provide relief for the users, but will also protect the exhibits
from the heat and humidity. All of the summer camps, the 5th grade Wetlands
Ecology Program, and many other groups use the exhibit room Staff will apply for
grant funds for this project if they are available for this type of project.
Page 12 of 19
Minutes of the Regular Session — December 8, 2005
g. Proposed Ordinance No. 051208 -17, authorizes a sub - recipient agreement with the
United Way of Baytown Area for services provided to eligible, displaced victims of
Hurricanes Katrina and Rita utilizing FEMA and Texas Division of Emergency
Management policies, practices, and procedures. The services supplied by United
Way include the following:
1. food and meals,
2. temporary housing,
3. clothing distribution center,
4. shower facilities, including transportation, towels, water, etc.,
5. replacement ID (e.g. reproduction of birth certificates or similar items),
6. prescriptions,
7. diapers, and
8. gasoline vouchers.
This agreement is similar to that agreement with the Baytown Housing Authority,
which the City Council approved on September 19, 2005; however, under this
proposed agreement, the City will receive 100% of the administrative costs that
FEMA allows.
h. Proposed Ordinance No. 051208 -18, authorizes a renewal of the fees with the
Houston Area Library Automated Network ( HALAN). Sterling Municipal Library
has been a member of HALAN since 1978. The membership fees and contract are
renewed annually. Our charges for membership are calculated based upon usage.
The number of items in the database and the level of circulation services are used for
this calculation. Servers and staff support are located at Houston Public Library.
This contract provides for our circulation and overdue software and maintenance,
our Interlibrary Loan service, Internet connection, reserve materials systems, online
catalog, subject databases, wireless capabilities, and materials acquisition system
This consortium of libraries is responsible for providing maintenance and support
for a shared database of holdings and an online catalog, which includes several
informational databases. This contract also connects us directly with public libraries
in Houston, Pasadena, Port Arthur, Port Neches, Nederland, Bellaire, and with Lee
College. It also allows connections to other libraries nationwide. This service is
partially subsidized with state and federal funds. These contract fees cover technical
support staff, Internet access, some online databases, server data storage and
maintenance, security system protocols, telecommunications maintenance,
switch/router maintenance on our site, database support and maintenance, training,
and software upgrades. HALAN is governed by a board of directors and the City
Librarian is a voting member. The Library also has representation on divisional
committees which meet quarterly to manage software protocols and upgrade
parameters.
Council Member Sheley moved adoption of the consent agenda, items a through h. Council
Member Renteria seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
Page 13 of 19
Minutes of the Regular Session — December 8, 2005
ORDINANCE NO. 10,223
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FORTY THOUSAND NINE HUNDRED SIXTY-
EIGHT AND NO/ 100 DOLLARS ($40,968.00) TO MARTIN INSTRUMENT SURVEYING
SOLUTIONS FOR THE PURCHASE OF GEOGRAPHIC POSITIONING SYSTEM (GPS)
SURVEY EQUIPMENT, MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED TWO THOUSAND FOUR
HUNDRED SEVENTY-SIX AND N01100 DOLLARS ($102,476.00) TO TYLER
TECHNOLOGIES, INC., FOR THE PURCHASE AND CONFIGURATION OF A NEW
MUNICIPAL COURT SOFTWARE PACKAGE; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,225
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF POLYDYNE, INC., FOR THE ANNUAL CATIONIC
POLYMER CONTRACT AND AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN,
THE SUM OF FORTY-THREE THOUSAND THREE HUNDRED SEVENTY-FIVE AND
50 /100 DOLLARS ($43,375.50); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,226
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF NICOL SCALES, LP FOR THE PURCHASE OF A PORTABLE
LAW ENFORCEMENT AXLE SCALE SYSTEM, INCLUDING TRAILER AND
AUT H[ORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF THIRTY-NINE
THOUSAND SEVEN HUNDRED SEVENTY-ONE AND 02/100 DOLLARS ($39,771.02);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,227
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF MUNICIPAL EMERGENCY SERVICES, INC, FOR THE
PURCHASE OF SCOTT SEMS BASE STATION AND KITS FOR THE FIRE DEPARTMENT
AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-
FIVE THOUSAND FIVE HUNDRED EIGHTY-ONE AND 45/100 DOLLARS ($25,581.45);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 14 of 19
Minutes of the Regular Session — December 8, 2005
ORDINANCE NO. 10,228
AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE QTY MANAGER TO EXECUTE AND THE INTERIM QTY CLERK
TO ATTEST TO AN AGREEMENT BETWEEN THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT AND THE CITY OF BAYTOWN TO PROVIDE FUNDING
FOR IMPROVEMENTS TO THE EDDIE V. GRAY WETLANDS EDUCATION AND
RECREATION CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,229
AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE INTERIM QTY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A FEMA SUB -
RECIPIENT AGREEMENT WITH UNITED WAY OF BAYTOWN AREA; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,230
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE FISCAL YEAR 2006 HOUSTON AREA LIBRARY AUTOMATED
NETWORK (HALAN) CONTRACT FEE FOR AN INTEGRATED AUTOMATED
CIRCULATION SYSTEM AT THE STERLING MUNICIPAL LIBRARY IN THE AMOUNT
OF SEVENTY-FOUR THOUSAND TWO HUNDRED FORTY-ONE AND NO /100
DOLLARS ($74,241.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointments to the Community Development Advisory Committee.
It is necessary to appoint members of the Community Development Advisory Committee in order
to hold public hearings, review the status of funded programs, and establish an annual budget for
the Community Development Block Grant funds. Terms for the following members will expire on
January 1, 2006: Larry Newton of District 1, Kitty Alen of District 3, and Joe Wheat and Carl Burg
of District 4. Mr. Burg has served nine years and Ms. Allen and Mr. Wheat have served five years
each. They wish to retire from service to allow new membership.
Council Member Capetillo moved appointment of Martha Barnett to the Community Development
Advisory Committee. Council Member Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to the Baytown Industrial Development Corporation Board.
This item was not ready for consideration.
Page 15 of 19
Minutes of the Regular Session - December 8, 2005
Consider appointments to the Emergency Services Advisory Board.
The following members of the Emergency Medical Services Advisory Committee are due for re-
appointment: Roger Lay - has been a member of the Committee since April 10, 2003 and has
attended 4 of the 5 called meetings. He has been contacted and has agreed to serve another 2 -year
term. Randy Strong - has been a member of the Committee since February 13, 2003 and has
attended 4 of the 5 called meetings. He has been contacted and has agreed to serve another 2 -year
term Jess Navarre - Jess has indicated that he will no longer be able to serve on the Emergency
Medical Services Advisory Committee due to personal reasons. His background in the ambulance
industry, especially at the local level, made him an important asset to the committee, and to the
growth of E.M.S. in Baytown. Chris Navarre has indicated a willingness to serve on the Emergency
Medical Services Advisory Committee in the spot vacated by his father. Chris is a lifelong citizen of
Baytown and has significant experience in the ambulance industry, which will benefit the committee
and the Citizens of Baytown.
Council Member Mahan moved appointment of Roger Lay, Randy Strong, and Chris Navarre to the
Emergency Medical Services Advisory Committee. Council Member Sheley seconded the motion.
The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Receive and discuss new Insurance Service Office rating and how that may affect fire
insurance rates in Baytown.
The Insurance Service Office (ISO) recently completed an inspection of the City for assets,
operations, and abilities related to the provision of fire protection services. Fire Chief Shon Blake
presented a report of the findings and their possible impact on fire insurance rates paid by property
owners in Baytown.
He explained that an ISO establishes the appropriate fire insurance premiums for residential and
commercial properties and provides reliable information to insurance companies about a
municipality's fire protection service through the Public Protection Classification (PPG) Program
Chief Blake further explained that a PPC Program evaluates a community's public fire protection by
using the Fire Suppression Rating Schedule (FSRS), then assigns a PPC rating from 1 to 10, i.e.,1 as
the highest and 10 the minimum score possible. The PPC Program provides an objective, country
wide standard that helps fire departments plan and budget for facilities, equipment, and training.
The Fire Suppression Rating Schedule (FSRS) measures major elements of a community's fire
suppression system and develops numerical grading. The grading criteria used were fire alarms,
10%, water supply, 40%, and fire department structure and operations, 50 %. Fire alarms are
measured regarding how well the Fire Department receives and dispatches them The study of the
Communication Center reviewed the number of operators, the dispatch circuits, and how the center
notifies the firefighters of an emergency.
Page 16 of 19
Minutes of the Regular Session - December 8, 2005
All components of the water supply are analyzed, including pumps, storage, and filtration. In
addition, observation of fire-flow tests determines the rate of flow the water mains provide and a
count of the distribution of fire hydrants that are no more than 1,000 feet from the representative
location. The Fire Department is examined in regard to the number of engine companies, the water
supply needed to fight a fire, the distribution of fire companies, annual pump testing, and
inventories of engine companies' nozzles, hose breathing apparatus, and other equipment. Fire
company records are studied to determine the type and extent of training provided, the number of
people who participate, the number of firefighters responding to emergencies, and the maintenance
and testing of equipment.
Other Fire Department factors to achieve maximum credit include the assurance that all sections of
the City with hydrant protection are within 1'k miles of a fully equipped engine company and 2'k
miles of a fully equipped ladder company. The Texas Addendum analyzed the effectiveness of the
Fire Marshall's Office, the effectiveness of the Building Code Office, and the Compressed Air Foam
System (CAFS) on existing engines.
The Public Protection Classification achieved by the City was 3, improved from a 4 at the last
inspection, with an overall score of 76.88.
Chief Blake informed Council that, according to the State Fire Marshal's office, the effect of the
inspection on fire insurance rates paid by property owners in the City should equate to an
approximate 3% savings on insurance premiums ($15 a year on a $100,000 home) for homeowner's
and a 9% savings on insurance premiums for commercial property owners within 5 road -miles of a
fire station and 1,000 feet of a fire hydrant. Chief Blake acknowledged Fred Pack, Director of
Public Services, Malcolm Sweeney, Communications, and Kevin Byal, Chief Building Official for
their assistance during the inspection.
The method and timeframe to achieve a lower score were briefly discussed.
Receive and discuss an update on new laws concerning the Open Meetings Act, the Public
Information Act and conflicts of interest
During the regular session of the 79th Legislature, legislation was enacted which, among other
actions, amended the Open Meetings Act, the Public Information Act, and requires conflict
disclosure statements. SB 286 requires public officials who are members of a governmental body,
including City Council Members, to receive training concerning their responsibilities with regard to
the Texas Open Meetings Act (TOMA) and the Texas Public Information Act (TPIA). Training
must not be less than one hour or more than two hours for each Act. TPIA training may be
obtained through either a course approved by the Texas Attorney General or a videotape provided
by the Texas Attorney General. The bill becomes effective January 1, 2006, and generally requires
the training be completed within a year for those officers who have taken the oath of office prior to
January 1, 2006. HB 914 creates a new filing requirement for local government officers, including
the City Council, concerning certain relationships with persons with whom the City does business or
may do business. City Council members will be required to file conflict disclosure statements and
persons doing business or seeking to do business with the City will be required to file conflict of
interest questionnaires. Both forms have been adopted by the Texas Ethics Commission. The
disclosure requirements for the City Council go into effect on January 1, 2006, and are in addition to
existing conflicts of interest laws. Violations of either of the new bills may result in criminal
penalties being assessed.
Page 17 of 19
Minutes of the Regular Session — December 8, 2005
The training for the TPIA will include the following:
• the background of TPIA,
• the applicability of TPIA to governmental entities,
• TPIA's procedures and requirements regarding complying with a request for information,
• the Attorney General's role under TPIA, and
• the penalties for failure to comply with TPIA.
The training for the TOMA will include the following:
• the background of TOMA,
• the applicability of TOMA to governmental entities,
• TOMA's procedures and requirements regarding:
• quorums,
• notices,
• recordkeeping,
• holding an open meeting,
• holding a closed meeting, and
• the penalties for failure to comply with TOMA.
• At the conclusion of the training, Council Members will receive certificates of course
completion.
• Such certificates may also be used in a criminal proceeding for violations of the Acts.
o certificate is not sufficient by itself to prove that a Council Member knowingly violated
either of the Acts.
• The training received will satisfy any other TOMA and TPIA training requirement that the
Council Member may have as a member of another governmental body.
• Failure of a Council Member to complete the TOMA training will not affect the validity of
any action taken by the Cary Council.
• For the TPIA only, Council Members may designate a public information coordinator to
satisfy the training requirements.
• Appointing a public information coordinator, nonetheless, does not relieve a Council
Member from complying with TPIA.
• The public information coordinator shall complete the training not later than the 90th day
after the date the coordinator assumes the duties as coordinator or within one year if
designated prior to January 1, 2006.
HB 914
• HB 914 creates a new filing requirement for City Council Members, and certain persons who
contract with or are considering doing business with the City of Baytown.
• The bill is in addition to other conflict of interest laws.
• The bill is effective on January 1, 2006.
Conflict Disclosure Statement
• A conflict disclosure statement requires disclosure of employment or other business
relationships that the Council Member or a member of the Council Member's family has
with any person who does business with the City of Baytown or is being considered by the
City of Baytown for a business relationship if that relationship results:
o in taxable income for the Council Member or a Council Member's family member or
o in one or more gifts, having an aggregate value of more than $250 in the last twelve
months, to the Council Member or family member.
Page 18 of 19
Minutes of the Regular Session — December 8, 2005
Family Member
A family member includes
• father,
• mother,
• son,
• daughter,
• spouse,
• father -in -law,
• mother -in -law,
• son -in -law, and
• daughter -in -law.
An ex-spouse is also considered a family member as long as a child of the marriage is living.
Certain Gifts Excluded
The following gifts are excluded from disclosure:
• food,
• lodging,
• transportation or
• entertainment
accepted as a guest.
Filing Conflict Disclosure Statement
• The conflict disclosure statement shall be filed with the City Clerk not later than:
0 5:00 p.m. on the seventh business day after the Council Member becomes aware of the
facts that require the filing of a conflicts disclosure statement.
• Failure to complete and file a statement when required is a Class CMisdemeanor.
0 Filing a disclosure statement within seven days after receiving notice of the violation is
a defense to prosecution.
• Access to the disclosure statement shall be available on the City's website if one is
maintained.
Conflict of Interest Questionnaire
Each person who contracts with or begins contract negotiations with the City of Baytown or
submits a bid or a response to a request for proposal to the City of Baytown must complete
and file the conflict of interest questionnaire.
Questionnaires must be updated:
• September 1 of each year for any pending activity unless one was filed in June of that
year.
• Within 7 business days after the date of an event that would make a statement in the
questionnaire incomplete or inaccurate.
Access to these questionnaires will be available on the City's website.
City Manager's Report.
City Manager Jackson reminded Council of the deadline of January 12, 2006 for submittal of the list
of streets in their districts for the Mill and Overlay Program.
He informed Council of the necessity of holding a special meeting later in the month, possibly
during the week of December 19 -23, 2005.
Page 19 of 19
Minutes of the Regular Session — December 8, 2005
Council Member Mahan reminded Council of the upcoming anniversary of the death of Firefighter
OP, Neto Guajardo and the remembrance ceremony to be held on Tuesday, December 20, 2005. Mr.
Jackson informed Council that, in addition, the Mayor will issue a commemorative proclamation on
that date.
A memorial for the fallen firefighter as well as for fallen public safety officers was discussed. Mr.
Jackson said that staff is researching the subject and will bring further information to Gouncil in the
future.
Adjourn.
Council Member Sheley moved that the meeting adjourn. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
There being no further business, the meeting adjourned at 7:27 p.m.
Kelvin Kmuf/ —
Interim Gty erk