2010-06-07 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, JUNE 7, 2010, AT 7:00 P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 7:37 p.m. with the following present:
Mayor
Tom Reid
Mayor Pro -Tem
Scott Sherman
Councilmember
Woody Owens
Councilmember
Steve Saboe
Councilmember
Felicia Kyle
Councilmember
Ed Thompson
City Manager
Bill Eisen
Deputy City Attorney
Nghiem Doan
City Secretary
Young Lorfing
Others in attendance: Claire Bogard Director of Finance; Ed Grossenheider Park and
Building Maintenance Superintendent.; Rosalyn Epting Assistant Director of Parks and
Recreation.
NEW BUSINESS:
COUNCIL ACTION — RESOLUTION NO. R2010-72 --- A RESOLUTION OF THE CITY
COUCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH THE TEXAS DEPARTMENT OF TRANSPORTATION.
Mr. Ed Grossenheider, Park and Building Maintenance Superintendent.
Councilmember Owens made the motion, seconded by Councilmember Saboe, to
approve Resolution No. R2010-72.
City Manager Bill Eisen stated the City has been working with TxDOT for several years
to landscape the FM 518 median. One issue now is that the State has indicated to Staff
that in order for the City to receive grant funds, we would have to agree to participate
through a County or State Disadvantaged Business Enterprise Program. The low
bidder on this project is qualified as a Disadvantaged Business Enterprise so with
regard to this particular project, the City should not have a problem in terms of meeting
the requirements of that designation. Ed Grossenheider Park and Building Maintenance
Superintendent has been working on this project.
Park and Building Maintenance Superintendent Ed Grossenheider stated the City
complied with what we thought were all the requirements. The City submitted the
required Disadvantaged Business Enterprise Program forms to the TxDOT Office of
Civil Rights. They came back to the City to ask us to authorize a Memorandum of
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Understanding with TxDOT and the City of Pearland stating that the City would comply
with the Disadvantaged Business Enterprise Program provisions of Title 49 of the Code
of Federal Regulations. Since this project is funded in park by Federal dollars, that is a
requirement that they have. The City was able to meet the twenty-three percent
requirement for the Disadvantaged Business Enterprise Program with a State approved
Disadvantaged Business Enterprise Program firm from Houston, Sprinkler Designs and
Mow. They will be providing all of the irrigation, piping, valves and boxes. The City has
exceeded the TxDOT Disadvantaged Business Enterprise Program requirement with
that vendor.
Councilmember Owens stated this project requires the City to do a lot of reporting when
we are just a sub -recipient of Federal funds that come from TxDOT. He stated, the
only reason the City has to comply with this is that we are taking on the management of
this rather than TxDOT doing it. If it was TxDOT managing the installation on this
contract, the City would not have to do this. Disadvantaged Business Enterprise
Programs have to be pre -certified with TxDOT; it is just because you carry the
Disadvantaged Business Enterprise Program title that the City has to do this. Unless
you are pre -certified within that area, you cannot be a part of whatever the program is.
Discussion ensued with Council, City Manager Bill Eisen and Park and Building
Maintenance Superintendent Ed Grossenheider regarding the Memorandum of
Understanding.
Voting "Aye" Councilmembers Thompson, Kyle, Sherman, and Saboe.
Voting "No" Councilmember Owens.
Motion Passed 4 to 1.
ADJOURNMENT
Meeting was adjourned at 7:50 p.m.
Minutes approved as submitted and/or corrected this the 28th day of June, A.D., 2010.
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Tom Reid
Mayor
ATTEST:
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41
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Secretary
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