City Council Regular Meeting Minutes
August 23, 2012
Page 2 of 14
D R A F T
MINUTES OF THE REGULARMEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 23, 2012
The City Council of the City of Baytown, Texas, met in aRegularMeeting on Thursday, August 23, 2012,at6:30P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo Council Member
David McCartney Council Member
Mercedes Renteria Council Member
Terry Sain Council Member
Scott Sheley Mayor Pro Tem
Robert D.Leiper City Manager
Ron Bottoms Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Leticia Brysch City Clerk
Roger Clifford Assistant Sergeant at Arms
Mayor Pro Tem Sheleyconvened the August 23, 2012, City Council RegularMeeting with a quorum present at 6:30P.M., all members were present with the exception of Mayor DonCarlos and Council Member Hoskins who were both absent.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Dr. Thomas Kelchner, Director of Special Education GCCISD.
1. MINUTES
a. Consider Approving the Minutes of the City Council Work Session and Regular Meeting for August 09, 2012 - City Clerk.
A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain approving the minutes of the August 09, 2012, City Council Work Session and Regular Meeting. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Present the Years of Service Awards - Human Resources.
City Manager Leiper presented the agenda item and recognized City of Baytown employees for their Years of Service (5, 10, 15 plus years).
5 Year:
Kelly Hale, Parks & Recreation, Caretaker Maintenance
10 Years:
Loretta Wysocki,Library Technician
15 Years:
Arthur Tillis, Public Works, Heavy Equipment Operator II – Restoration
Shirley Galindo, Public Works, Administrative Assistant
Clint Holden, Police, Patrol Officer
20 Years:
Kenneth Hockless, Police, Patrol Officer
John Miller, Police Sergeant
Michael Holden, Assistant Police Chief
25 Years:
Derrick Jones, Police, Patrol Officer
35 Years:
Paul Batenhorst, Public Works, Mechanic Supervisor
b. Present the Employee and Team of the Month for July 2012 - Human Resources.
City Manager Leiper presented theemployeeof the month to Dustin Schubert and team of the month toTom Adam and Elkin Rivas.
c. Presentation: Parks and Recreation Annual Report - Parks and Recreation.
Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Boardpresented the2012 Parks and Recreation Annual Report.
3. BUDGETITEMS
a. Public Hearing at 6:45 P.M.: Regarding the City of Baytown 2012-2013 Proposed Budget - Finance.
At 6:58 P.M., Mayor Pro Tem Sheley opened and conducteda Public Hearing regarding the City of Baytown Fiscal Year 2012-2013 Proposed Budget.
Ms. Rikki Wheeler registered to speak before a public hearing in regards to item 3.a. and stated thatshe lives at 13 Roy Avenue. Ms Wheeler stated that for the amount of money it would cost to implement themerger between Fire and EMS, the City could afford to buy additional EMS ambulances to include staffing for it. She stated that the merge is to obtain thesales tax from the Fire and EMS District.
At 7:00 P.M., Mayor Pro Tem Sheley closed the public hearing.
b. Motion: Consider Postponing the Adoption of the Proposed FY 2012-13 Municipal Budget until September 13, 2012 - City Management.
City Manager Leiper stated that state law requires that, at the conclusion of the public hearing on the municipal budget, the City Council "take action on the proposed budget." Such action could be adoption of the budget or a vote to postpone such adoption. As proposed, this item calls for the City Council to postpone the adoption of the FY 2012-13 Municipal Budget until its regularly scheduled meeting on September 13, 2012.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member David McCartney to postpone the adoption of the FY 2012-13 Budgetto a Special Meeting onSeptember 06, 2012 at 5:00 P.M., after the MDD meeting. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
City Manager Leiper stated that state law requires that an election item be taken at the next meeting, which would be that Special Meeting on September 06, 2012.
c. Discuss the City of Baytown Fiscal Year 2012-13 Proposed Budget - City Management.
City Manager Leiper presented the agenda to discuss the proposed City of Baytown 2012-13 Fiscal Year Budget and stated that revenue projectionsare unchanged.He stated that thetechnical adjustments were to remove $6,000 from the Mayor and Council budget to eliminate thepurchase ofiPads and to add $212,537 for EMS transitional costs to move EMS to the fire department.Additionally, he stated that theEMS Transitional Costs changed because the preliminary estimates did not include the proposed 4% raise or benefit costs for the increased salaries of the EMS supervisors.
4. PROPOSED ORDINANCES
a. Consider Approving the Baytown Area Water Authority 2012-13 Budget - Finance.
City Manager Leiper stated thatOrdinance No.12,005approves the Baytown Area Water Authority ("BAWA") 2012-13 Fiscal Year Budgettotaling $10,044,528.He stated that state law requires that the General Manager of BAWA to formulate a budget for BAWA's fiscal year and that such budget is subject to the approval ofboth the BAWA Board and the City Council of the City of Baytown.Additionally, he stated that the BAWA Board held a public hearing on the budgetand adopted thesameon Wednesday, August 15, 2012 andOrdinance No. 12,005approves the budget approved by the BAWA Board.
A motion was made by Council Member Mercedes Renteria III and seconded by Council Member Terry Sain approving Ordinance No. 12,005. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 12,005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET OF THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider Amending the Code ofOrdinances to Provide More Protection Against Aggressive Panhandlers and to Prohibit Camping in Public Places - Legal.
City Manager Leiper presented the agenda item and stated thatOrdinance No.12,006amends Chapter 74 "Peddlers and Solicitors," Article IV "Panhandling," Section 74-151 "Aggressive panhandling" of the Code of Ordinances, Baytown, Texas, to provide additional protection against aggressive panhandlers and amends Chapter 66 "Offenses, "Article I "In General," by adding a new section to be numbered and entitled Section 66-5 "Camping in public" to prohibit camping in public places. City Manager Leiper stated that Mr. Mike Garner, Municipal Court Prosecutor, would detail the background of the proposed amendment. Mr. Garner stated thatthe specificsto Section 74-151 included:
1. Requiring the discontinuance of panhandling once a solicitor has been requested to stop (currently the panhandler only has to back off 8' and then can resume solicitation);
2. Increasing the distance from 8' to 50' from which a person may solicit money from a person atan ATM, pay phone, parking meter, parking fee collection box, vending machine or gas pump; and
3. Prohibiting solicitors from standing in the roadway, which shall include medians, curbs, and roadbeds.
Mr. Garner stated that Section 66-5 prohibits using a public place for living or sleeping accommodations unless permitted by the owner of the public place and includes language to prevent transient sheltering underneath or around highway overpass structures.
A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving Ordinance No. 12,006. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
ORDINANCE NO. 12,006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 66 “OFFENSES,” ARTICLE I “IN GENERAL” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 66-5 “CAMPING IN PUBLIC” TO PROHIBIT CAMPING IN PUBLIC PLACES; AMENDING CHAPTER 74 “PEDDLERS AND SOLICITORS,” ARTICLE IV “PANHANDLING,” SECTION 74-151 “AGGRESSIVE PANHANDLING,” SUBSECTION (A) “DEFINITIONS” TO REVISE THE DEFINITION OF “PUBLIC PLACE” AND TO ADD A DEFINITION OF “ROADWAY,” SUBSECTION (C) “REGULATED CONDUCT” AND SUBSECTION (D) “DISTANCE MEASUREMENTS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REQUIRE THE DISCONTINUANCE OF PANHANDLING ONCE A SOLICITOR HAS BEEN REQUESTED TO STOP; TO INCREASE THE DISTANCE FROM WHICH A PERSON MAY SOLICIT MONEY FROM ANOTHER AT AN ATM, PAY PHONE, PARKING METER, PARKING FEE COLLECTION BOX, VENDING MACHINE OR GAS PUMP; AND TO PROHIBIT SOLICITORS FROM STANDING IN THE ROADWAY; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
5. REPORTS
a. Receive Report from the Economic Development Alliance for Year Three - City Management.
City Manager Leiper presented the agenda item and stated that Mr. Chad Burke, President/CEO of the Economic Development Alliance wouldpresent a report regarding year three of the Economic Development Services Agreement for Tourism and Promotion Services.
Mr. Burke stated that the Alliance's mission isto grow the economy in the region through economic development activities and quality of life projects. He stated that in 2004, they created the San Jacinto Texas Historic District which included ongoing projects such as Corridor Standards, Gateway, Epic Art, andBeautification. Mr. Burke stated that their business development activities create an environment that encourages new businesses and expands existing businesses with incentives on all levels: federal, state, county, and local. He stated that in 2011, the business development results were: 10 project wins that produced 1,422 jobs with an $823 million investment. He stated that the 2012 projections is for 39 projects and if all come through, wouldproduce 3,231 jobs with a $2.7 billion investment. Additionally, he stated that the 2012 year-to-date projected wins has an estimated 1,100 jobs with a $1.2 billion in capital investments. Mr. Burke stated that their Business Growth Committee hosts events throughout the year so that all industrial vendors could communicate with one another. He stated that the Alliance has a Public Policy Task Force that instituted a regional monitoring process that captures any issues and submits them to the Mayors Advisory Council for discussion whichincludesworking with congressmanon issues that are onthe federal levels. Mr. Burke stated that they host a Petrochemical and Maritime Outlook Conference annually to bring stakeholders in the region together to bring a forecast of what’s going to happen.
6. DISCUSSIONS
a. Discuss the ChristmasParadeand Christmas on Texas Avenue - City Management.
A motion was made by Council Member David McCartney and seconded by Council Member Terry Sain to table item 6.a. to the Sept13, 2012 meeting. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
7. CONSENT
All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
A motion was made by Council Member David McCartney and seconded by Council Member Brandon Capetillo approving the consent agenda items 7.a. through 7.m. The vote was as follows:
Ayes: Council Member Brandon Capetillo, Council Member David McCartney, Council Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro Tem Scott Sheley
Nays: None
Other: Mayor Stephen DonCarlos (Absent), Council Member Robert C. Hoskins (Absent)
Approved
a. OrdinanceNo. 12,007: Consider Authorizing an Industrial District Agreement with Duna USA, Inc. - Administration.
ORDINANCE NO.12,007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH DUNA USA, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ordinance No. 12,008: Consider Authorizing an Industrial District Agreement with NRG Texas Power LLC - Administration.
ORDINANCE NO.12,008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG TEXAS POWER LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Ordinance No. 12,009: Consider Authorizing Payment to Goose Creek Consolidated Independent School District for Ad Valorem Tax Assessment and Collection Services - Finance.
ORDINANCE NO.12,009
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2011-2012 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY-SIX THOUSAND TWO HUNDRED SIXTY-EIGHT AND 11/100 DOLLARS ($66,268.11); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Ordinance No. 12,010: Consider Approving the Extension of the Bank Depository Contract with JP Morgan Chase Bank - Finance.
ORDINANCE NO.12,010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE BANK DEPOSITORY CONTRACT WITH JP MORGAN CHASE BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance No. 12,011: Consider Authorizing the Annual Gasoline and Diesel Fuel Contract Renewal - Finance.