Loading...
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