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2022 06 23 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 23, 2022 The City Council of the City of Baytown,Texas, met in a Regular Meeting on Thursday, June 23, 2022, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Chris Presley Mayor Pro Tern Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Rick Davis City Manager Scott Lemond City Attorney John Stringer Sergeant at Arms Angela Jackson City Clerk Mayor Pro Tern Chris Presley convened the June 23, 2022, City Council Regular Meeting with a quorum present at 6:32 P.M.,all members were present with the exception of the absence of Mayor Brandon Capetillo and Council Member Charles Johnson. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Laura Alvarado. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on May 26,2022. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve the minutes of the City Council Regular Meeting held on May 26, 2022, as submitted. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Absent) and Council Member Charles Johnson (Absent) Approved City Council Regular Meeting Minutes June 23,2022 Page 2 of 26 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Carol Flynt presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of June. 5 YEAR Darryl Starr, Police Detention Supervisor Brian Bakeberg, Firefighter Brandon Spears, Firefighter Vanessa Chavez, Firefighter Don Lam, Firefighter 10 YEAR Michael Thomas, Public Works Wastewater Operator III Glenn Bartee, Public Works Heavy Equipment Specialist II 25 YEAR Iveleth Hernandez, Police Patrol Officer Estela Martin, Police Administrative Assistant Steven Jones, Communications Manager 30 YEAR John Butler, Police Sergeant 35 YEAR Lisa Salinas, Police Open Records Specialist I b. Presentation of the Life Saving Award to Officer Jeffery Spencer by the Chief of Police. Police Chief John Stringer presented the Life Saving Award to Officer Jeffery Spencer. Chief Springer noted that on April 26,2022,Officer Spencer responded to the scene of a reported suicidal subject at the top of the Fred Hartman Bridge. On arrival, Officer Spencer observed the subject sitting at the railing with their feet dangling over the side. A concerned citizen was speaking with the subject as Officer Spencer approached the distraught individual and asked that he come back over the railing. As they continued to talk,the subject began to make movements as if to push their self over the bridge. Officer Spencer closed the distance,wrapped his arms around the subject, and pulled them back over the railing. Chief Stringer emphasized that Officer Spencer did not just merely reach out, but put himself in danger to save that person's life. At any moment, Officer Spencer could have gone over the railing with the citizen in a mental crisis. Officer Spencer's action prevented serious injury, or death, and the subject in crisis was able to get the help they needed. With that, Chief Stringer was proud to present Officer Spencer with the Life Saving Award. City Council Regular Meeting Minutes June 23,2022 Page 3 of 26 3. DISCUSSIONS a. Receive a presentation regarding the Proposed FY23 Utility Rates. Mayor Pro Tern Presley announced that Mr. David Isaac, via Zoom, had signed to speak on the item. (Zoom) Mr. Isaac first noted that the agenda posted on the interne did not show the full agenda items and paperwork associated with them. He wished the City to work harder on that. Regarding the item, Mr. Isaac hoped the item was not about a utility rate hike on the taxpayers and citizens of the town. There was a global recession upon the horizon, inflations were through the roof, and gas prices were high. Mr. Isaac believed somebody should speak for everyday Americans when speaking about their utility rates. He hoped the presentation would provide some relief in the best case or stay the same in a neutral case. The utility rates going up would be the worst case. If it would be a utility rate hike, Mr. Isaac wished Council to vote it down for the sake of the taxpayer. With that, Mayor Pro Tem Presley stated Council would hear the presentation. Public Works and Engineering Director Frank Simoneaux introduced to Council the presentation regarding the Proposed FY23 Utility Rates. The agenda of the presentation was to give Council background information,recommended changes,water tiers,look at existing and proposed rates, example bills, and then compare those to other comparable cities. As background, the City's last rate adjustments were in the following years: • Water: 2014 • Wastewater: 2019 • Outside City Multiplier: 2021 The year prior, Council adopted an ordinance addressing outside the City multiplier. The effects of inside-City rates versus outside were about 1.2 multiplier for volumetric charges and 1.5 multiplier for base charges—which were the base and customer charge. Some of the rate increase drivers were listed as the following: • 18.5%City of Houston rate increase to Baytown Area Water Authority(BAWA)in the last year as BAWA bought raw water from Houston and treated it in to drinking water • 6% BAWA rate increase to the City of Baytown • Inflation of costs to utility • Historical underfunding of utility maintenance which resulted in delayed maintenance The recommended changes Public Works proposed were: • Reduce Tiers • Bring All Tiers to Minimum Cost of Water($3.26/1,000 Gallons) • Generate 2%Revenue Increase • Evaluate Future Rates Based on Impact of Proposed Changes City Council Regular Meeting Minutes June 23,2022 Page 4 of 26 In regard to the tiers,the City currently had five. Mr. Simoneaux displayed a pie chart of the single- family water usage under the existing rates. 3.30%_ 4.80% •Tier 1 -Less Ati than 2,000 ■Tier 2-Less than 6,000 •Tier 3-Less than 12,000 42.90% Tier 4-Less than 18,000 ■Tier 5-More than 18,000 Tiers 1 and 2 were almost a third of the chart each with Tiers 3 through 5, combined, making another third of the customers. Public Works and Engineering staff was recommending consolidating Tiers 3 through 5 in to one tier as staff did not see the need to have tiers that only encompassed a small number of users. Mr. Simoneaux then displayed the following series of charts regarding water rates: Comparison of Existing and Proposed Inside City Fixed Water Rates WATER RATES EXISTING PROPOSED VARIANCE Customer Charge(per bill) $3.62 $3.68 $0.06 Basic Facility Charge (per EDU) 7.53 7.76 0.23 Monthly Rate $11.15 $11.44 $0.29 Non-Residential EDU 5/8"Meter 1.00 $7.53 $7.76 $0.23 3/4"Meter 1.50 11.31 11.64 0.33 1"Meter 2.50 18.83 19.40 0.57 1 1/2" Meter 5.00 37.67 38.80 1.13 2"Meter 8.00 60.26 62.08 1.82 3"Meter 16.00 120.51 124.16 3.65 4"Meter 25.00 188.31 194.00 5.69 6"Meter 50.00 376.60 388.00 11.40 8"Meter 80.00 602.59 620.80 18.24 10" Meter 115.00 866.20 892.40 26.20 Comparison of Existing and Proposed Inside City Volumetric Water Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $2.57 $3.26 $0.69 City Council Regular Meeting Minutes June 23,2022 Page 5 of 26 Tier 2 5.60 6.00 0.40 Tier 3 6.71 8.59 1.88 Tier 4 8.74 Tier 5 11.36 Multifamily Residential Tier 1 $2.60 $3.26 $0.66 Tier 2 5.63 5.63 0.00 Non-Residential $5.60 $5.60 $0.00 j High Volume Users 4.13 Irrigation Tier 1 $5.60 $6.00 $0.40 Tier 2 6.71 8.59 1.88 Tier 3 8.74 Tier 4 11.36 Comparison of Existing and Proposed Outside City Fixed Water Rates WATER RATES EXISTING PROPOSED VARIANCE Customer Charge(per bill) $5.43 $5.52 $0.09 Basic Facility Charge (per EDU) 11.30 11.64 0.34 Monthly Rate $16.73 $17.16 $0.07 Non-Residential EDU 5/8" Meter 1.00 $11.30 $11.64 $0.34 3/4" Meter 1.50 16.97 17.46 0.49 1"Meter 2.50 28.25 29.10 0.85 1 1/2"Meter 5.00 56.51 58.20 1.69 2"Meter 8.00 90.39 93.12 2.73 3"Meter 16.00 180.77 186.24 5.47 4"Meter 25.00 282.47 291.00 8.53 6"Meter 50.00 564.90 582.00 17.10 8"Meter 80.00 903.84 931.20 27.36 10" Meter 115.00 1,299.30 1,338.60 36.30 Comparison of Existing and Proposed Outside City Volumetric Water Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $3.08 $3.92 $0.84 Tier 2 6.72 7.20 0.48 Tier 3 8.05 10.31 2.26 City Council Regular Meeting Minutes June 23,2022 Page 6 of 26 Tier 4 10.49 Tier 5 13.63 Multifamily Residential Tier 1 $3.12 $3.92 $0.80 Tier 2 6.76 6.76 0.00 Non-Residential $6.72 $6.72 $0.00 Irrigation Tier 1 $6.72 $7.20 $0.48 Tier 2 8.05 10.31 2.26 Tier 3 10.49 Tier 4 13.63 Mr. Simoneaux proceeded to display the following series of charts regarding sewer rates: Comparison of Existing and Proposed Inside City Fixed Wastewater Rates SEWER RATES EXISTING PROPOSED VARIANCE Customer Charge(per bill) $3.91 $4.03 $0.12 Basic Facility Charge (per EDU) 8.13 8.42 0.29 Monthly Rate $12.04 $12.45 $0.41 Non-Residential EDU 5/8"Meter 1.00 $8.13 $8.42 $0.29 3/4"Meter 1.50 12.21 12.63 0.42 1"Meter 2.50 20.33 21.05 0.72 1 1/2" Meter 5.00 40.68 42.10 1.42 2" Meter 8.00 65.08 67.36 2.28 3"Meter 16.00 130.15 134.72 4.57 4"Meter 25.00 203.37 210.50 7.13 6"Meter 50.00 405.73 421.00 15.27 8" Meter 80.00 650.76 673.60 22.84 10" Meter 115.00 935.50 968.30 32.80 On sewer rates, Mr. Simoneaux noted that the City had tried to mitigate the impact of their customers. The City tried to keep the bill impact to $2 per month on the low-volume user. Thus, sewer rates would not go up as much to maintain that total bill impact to a lower amount for users. Comparison of Existing and Proposed Inside City Volumetric Wastewater Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $2.81 $2.81 $0.00 City Council Regular Meeting Minutes June 23,2022 Page 7 of 26 Tier 2 6.08 6.36 0.28 Tier 3 0.00 6.36 6.36 Multifamily Residential Tier 1 $2.81 $2.81 $0.00 Tier 2 6.08 6.36 0.28 Non-Residential $6.08 $6.08 $0.00 High Volume Users 4.59 Comparison of Existing and Proposed Outside City Fixed Wastewater Rates SEWER RATES EXISTING PROPOSED VARIANCE Customer Charge(per bill) $5.87 $6.05 $0.18 Basic Facility Charge (per EDU) 12.20 12.63 0.43 Monthly Rate $18.07 $18.68 $0.28 Non-Residential EDU 5/8"Meter 1.00 $12.20 $12.63 $0.20 I 3/4"Meter 1.50 18.32 18.95 0.28 1" Meter 2.50 30.50 31.58 0.50 1 1/2"Meter 5.00 61.02 63.15 0.98 2" Meter 8.00 97.62 101.04 1.58 3" Meter 16.00 195.23 202.08 3.17 4" Meter 25.00 305.06 315.75 4.94 6" Meter 50.00 610.10 631.50 9.90 8"Meter 80.00 976.14 1,010.40 15.86 10"Meter 115.00 1,403.25 1,452.45 22.75 Comparison of Existing and Proposed Outside City Volumetric Wastewater Rates VOLUMETRIC RATES EXISTING PROPOSED VARIANCE Single Family Residential Tier 1 $3.37 $3.38 $0.01 Tier 2 7.30 7.64 0.34 Tier 3 0.00 7.64 7.64 Multifamily Residential Tier 1 $3.37 $3.38 $0.01 Tier 2 7.30 7.64 0.34 Non-Residential $7.30 $7.30 $0.00 Mr. Simoneaux proceeded to touch on the customer bill impact with the following charts: City Council Regular Meeting Minutes June 23,2022 Page 8 of 26 Assuming 2,000 gallons of usage ■Existing Rates ■Proposed Rates $70.00 $62. $63.88 $60.00 $50.44 $50.42 $50.00 $46..$47.25 $47. $47. $40.00 $33.'$36.03 $34,$36.03 $30.00 $20.00 $10.00 $0.00 Single Family MultiFamily Non-Residential Single Family MultiFamily Non-Residential (Inside City) (Inside City) (Inside City) (Outside City) (Outside City) (Outside City) Assuming 5,000 Gallons of Usage •Existing Rates •Proposed Rates $120.00 $104$l 05.94 $100.00 $89 $94.96 $89. $93.62 $7311 $81..$82.29 . $80.00 $68.' $69. $72.00 $60.00 $40.00 $20.00 $0.00 Single Family MultiFamily Non-Residential Single Family MultiFamily Non-Residential (Inside City) (Inside City) (Inside City) (Outside City) (Outside City) (Outside City) In comparing Baytown to other cities, Mr. Simoneaux used the following charts: Assuming a Single Family Residential Customer (Inside City) with 2,000 Gallons of Monthly Water Usage $70.00 $60.00 $60.68 $60.48 $50.00 $35.82 $30.24 $42.76 $40.00 $36.03 $33.95 $30.00 $21.64 $31.36 $31.12 $17.66 $19.41 $20.00 $21.64 $10.0011/ $0.00 Pearland Deer Park Sugar Land Baytown Baytown League City Houston Proposed Existing ■Water Sewer City Council Regular Meeting Minutes June 23,2022 Page 9 of 26 Assuming a Single Family Residential Customer (Inside City) with 5,000 Gallons of Monthly Water Usage $120.00 $100.00 $96.93 $89.30 $87.97 $80.00 $49.14 $73.11 $68.99 $65.57 $60.00 $50.15 $51.57 $57.52 $37.15 $31.15 $40.00 $31.55 $20.00 $0.00 Deer Park Houston Pearland Baytown Baytown Sugar Land League City Proposed Existing ■Water *Sewer With that concluding his presentation, Mr. Simoneaux reminded Council that Discussion Item 3.a. was not an action item.The rates would be included in the City's proposed budget. Mr. Simoneaux proceeded to inquire for any comments or questions from Council. If Council were not to approve the increase, Council Member Powell inquired what kind of deficit was the City looking at. While it was hard to say exactly, Mr. Simoneaux answered the City would have to defer more maintenance on its system. When deferring maintenance, sooner or later the City would have to pay because things would break and it would cost more to fix things than to maintain them properly. Mr. Simoneaux explained it would put the City in a deficit and create the need for higher rates in the future because the City would have a much greater need for its capital projects. However, in the current year, the City was not projected to be at a deficit. Although, Mr. Simoneaux believed they were very close on the number of days they had of operating capital. In the future, it would be projected to go under the City's required reserves. Council Member Betancourth understood the City liked to keep expenses in the same fund for the assets that it tried to maintain or operate.Yet,she questioned if they could use General Fund money to get the maintenance done without raising rates. Mr. Simoneaux replied it was possible to use General Fund dollars for the utility, but enterprise funds should be self-sustaining per staff's objective. Council Member Betancourth presumed citizens were underpaying BAWA because the rates were not the same as what BAWA charged the City. Mr. Simoneaux confirmed that was the case with certain classes, such as single-family residential. Other classes subsidized that class. Moreover, Council Member Betancourth wondered how it was a sustainable model. She questioned if the rates always raise and Mr. Simoneaux responded Houston traditionally increased their cost of water every year to BAWA. Thus, BAWA was seeing increased rates and inflation. Costs kept rising and the City had to balance revenues and expenses. Mr. Simoneaux explained they would have to raise rates to accomplish that. Council Member Betancourth leaned more towards alternate funding mechanisms. As their citizen speaker mentioned, inflation was hitting everybody so she did not believe it was the right time for rate raises. Council Member Betancourth knew the City had revenue increases in the General Fund and would be interested in exploring other ways to accommodate the maintenance without raising rates. City Council Regular Meeting Minutes June 23,2022 Page 10 of 26 Council Member Lester requested to go over,once more,on the graph of the Existing and Proposed Inside City Volumetric Water Rates. He remembered when those were discussed years back and recalled it was deliberate that the first 2,000 was less than the$3.60 that it cost. In the discussions that Council had, it was typically an older household of senior citizens. It was a deliberate act to make that a lesser fee. Those that go about 4,000 were a typical household with two to three kids who used more water. Also, Council Member Lester agreed with his current and previous colleagues' discussions. Senior citizens, as himself,had limited incomes or retired. Inflation in the economy hit everybody, but that group even more so. Council Member Lester liked the idea of keeping that a little more constrained because it was limited use, the 2,000 gallons. If a residential household could stay under that 2,000-gallon mark, he believed that was an accommodation the City needed to look at. Council Member Lester understood that needs went up some, but he believed they needed to have a conscious effort to keep that initial tier lower. Council Member Alvarado relayed she had a few questions. When most individuals look at their bill, they looked at it as a whole. The City was raising their utility and then garbage on the same bill. Council Member Alvarado was worried about what the cost would be because residents would only see the bill. In terms of sewage, Council Member Alvarado asked if the rate was impacted by the homes that had sewer line issues that had not gone into the City's P-SLIP program. Mr. Simoneaux stated those individuals were charged$25 a month surcharge if they had not made their repair within the year. Council Member Alvarado presumed the maintenance of the City's lines were affected by those that were not willing to either enter into a program or repair their lines. She asked if that add a burden to the City's maintenance cost and Mr. Simoneaux replied that it did, it meant the City had to treat more wastewater. The City's costs were higher because it used more chemicals and more electricity. Council Member Alvarado questioned Council if they would like to revisit the fees applied for those individuals. Also, Council Member Alvarado was curious to know since the P-SLIP program, how had the response been, were repairs made, and did the City hear back from them. Council Member Alvarado would like to hear more about that. If the ultimate way was to go in to the proposed changes, Council Member Alvarado further inquired if there be a grace period where late fees would not be charged until the City got residents used to the higher rate. She wondered if that would be possible as the City had done so during the pandemic. City Manager Rick Davis did not recommend mingling billing policies with how the City dealt with delinquencies. Council Member Alvarado clarified the City was ultimately raising the fees that residents would not be able to afford and asked what else could Council do to help residents get used to it. She was not talking about waste collection but of the new rates and water increases. Mr. Davis suggested they could talk about an incremental schedule. One consideration to make was how that would interface with the new financial system. Mr. Davis noted there may be a delay in bringing in those fees anyway; however, as they do so, they may be able to be more incremental. Council Member Alvarado's last question was in regards to surprise utility bills for residents who had a leak or running toilet that increased their bill. She remembered Council had discussed about new systems, or meters, that people could look at in real-time and receive a notice right away. The question was: would Baytown have that capability and when? Mr. Davis responded that staff was working towards that end;however,about 20%of the City's meters were over their useful life and started to slow down. The City was focused on replacing those meters first and then look for the technology that would allow the City to go to that next tier of data reporting. Nonetheless, Mr. City Council Regular Meeting Minutes June 23,2022 Page 11 of 26 Davis explained there were some years in the distance before they could put the financing together for that. Mayor Pro Tern Presley agreed with Mr. Simoneaux who did not want to defer any maintenance. He was okay with the minimal increase, yet would be open to looking at some sort of option or flexibility on low-use users. Likewise, Mayor Pro Tern Presley agreed with looking in to other sources Council Member Betancourth mentioned as well. If they were to look at that as short term, Mr. Davis believed that was possible. However, Mr. Davis would never recommend a longer-term policy of subsidizing with the General Fund because that was the pitfall a lot of councils got into, which was not sustainable. If Council would say, for example, to go through that until the next year, Mr. Davis stated that could be revisited if the City could fund a project some other way. b. Receive feedback regarding the Draft FY23-27 Capital Improvement Plan. Public Works and Engineering Director Frank Simoneaux presented the item and noted that previously,he had presented to Council the Draft FY23-27 Capital Improvement Plan(CIP). Since then, staff had received individual feedback and made a couple of adjustments. Mr. Simoneaux relayed staff added to the CIP an item to renovate the Art League Building for$600,000 in FY23. In addition, staff moved the Fire Boat Lift and Cover from FY25-26 to FY23. Lastly, Mr. Simoneaux stated they added some contingency in to the CIP Fund.The effect of all those changes was a projected General Fund debt of about $45 million. With that, Mr. Simoneaux was there to listen to Council's feedback. In regards to the Art League Building, Council Member Lester inquired what the City was anticipating doing there. Mr. Simoneaux answered heating, ventilation and air conditioning (HVAC) as well as roof repairs and Americans with Disabilities Act (ADA) compliance. Council Member Lester asked if that was within the contract bounds. City Manager Rick Davis did not believe the contract limited the City's contributions to the building to maintain it. Council Member Alvarado recalled she had once asked that before, as well, and confirmed it was within the bounds. During the Council Retreat, Council talked about the Quilt Guild needing space. While it had to be discussed with the Art League, Council Member Alvarado suggested perhaps they cohabitate the room and let the Quilt Guild use it, as well, as it was art. Mayor Pro Tern Presley questioned if the second floor of the Art League Building would become usable. Mr. Davis replied the City would have to do a study and investigate that. To put the Quilt Guild in the Art League Building, Council Member Lester believed that would have a negative impact on the Art League because they were bursting at the seams as it was. Council Member Lester was curious of the$600,000 for additional renovations because he wanted to make sure that, contractually, the City was required to do that. Mr. Davis stated the City had a fairly clear idea of what improvements needed to be made and assured Council the City would not spend it all if they did not need it all. Mr. Simoneaux added it was a conservative estimate. The earliest estimates Mr. Davis saw was around$250,000 to $300,000. If they were to get in to issues dealing with the upstairs and were able to address those, Mr. Davis considered that a good thing and noted the draft was just a plan. The $600,000 was not a budget. The City would only spend that,but it could get expensive quickly. For example,the elevator was not entirely operable which was a very big ADA issue. It could be relatively okay in terms of expenditures, but it could go City Council Regular Meeting Minutes June 23,2022 Page 12 of 26 north with weightier issues. Council Member Lester stated that was something Council needed to be kept informed on.Mr. Davis assured Council would be informed as it was a priority for Council. In addition to the fact that it ranked highly at the Council Retreat, Council Member Betancourth noted the Art League Building was City-owned. When Council discussed deferred maintenance, that building had been deferred for a long time. Council Member Betancourth listed a few difficult conditions despite it being one of the few functioning buildings on Texas Avenue. She believed the City should invest because of that. The Art League put on quality events that attracted people who were not members of their league. Thus, Council Member Betancourth thought the$600,000 was conservative and appreciated that as it was a good investment for the area. The$600,000 was a lot of money,but Mayor Pro Tern Presley was in favor of the City doing what it could to that building. If it were closer to $250,000 or $300,000, he hoped that ended up being the case and even if it were to start approaching$600,000, they would want to be apprised of that. Mr. Davis responded they would send Council updates and requested Mr. Simoneaux to apprise himself of what was being spent and if it started to approach$600,000, Council would be apprised of that. 4. REPORTS a. Receive a report from the Economic Development Affiance regarding the Economic Development Services Agreement for Tourism and Promotional Services. Mayor Pro Tern Presley announced Mr. David Isaac had signed up to speak on Item 4.a. (Zoom) Mr. Isaac proceeded to discuss economic development in the City. He noted Council would hear from an institution that would give a bunch of nice buzz words, as Mayor Pro Tem Presley once said. Mr. Isaac made note that the small businesses did not receive the same help as larger companies. Thus, economic development was suffering in Baytown. Mr. Isaac spoke with several citizens about the issue and emphasized that small businesses were suffering with inflation, gas prices were through the roof, and the enforcement of codes were at an all-time low. Mr. Isaac believed Council should consider turning up the heat on the matter and take into consideration the people that were ready to get the job done, including: the mall, small businesses getting a boost, and the food desert on the west side. Whatever report Council would hear that night, Mr. Isaac noted nobody in town had read those 270 pages and it was not handed out at the meeting. On another note, Mr. Isaac stated Baytown had an issue with tourism. The City would continue to have an issue with tourism if Council expected to bring a convention center and did not support the current condition of businesses in Baytown. Mr. Chad Burke,President/CEO of the Economic Alliance Houston Port Region,provided Council with an annual report of activities over the past year in Baytown and throughout the Houston Port region. Mr. Burke began with the Economic Alliance's mission which was to grow the regional economy by adding jobs and capital investment. The Economic Alliance did that by working with projects and companies to locate and expand in the area as well as support the competitive nature of where those dollars were spent, including: infrastructure, transportation, workforce development, public policy, and quality of life. The Economic Alliance's footprint was the same as it had been for several years—twenty-five miles of the Houston Ship Channel. Their footprint City Council Regular Meeting Minutes June 23,2022 Page 13 of 26 included eleven cities, Harris County, and 250+ private sector members. It was no small part of Texas's economic sector encompassing over 20%of the value of the state's gross domestic product (GDP). Mr. Burke gave quick updates on the Port of Houston with the following excerpt from his graph of the summary of vessel arrivals: Port , Jan. Feb. Mar. Apr. May YTD 2022 YTD 2021 YTD % MTM % Houston 697 621 741 708 712 3,479 3,214 8%• 1%A One of the things the Economic Alliance tracked was the number of ships, or large vessels, that moved in and out of the port—of which the graph above portrayed. Mr. Burke displayed another visual representation of that same information.The chart showed a dip in 2019 and 2021.However, 2022 was on target to be the best year the Port of Houston had in moving ships and containers. In regards to economic development, Mr. Burke presented a plotting chart that looked back over the last twelve years of projects they had worked on throughout the region. Pre-2011, they averaged about $100 million a year in new capital investment on projects. Since then, it averaged over$2 billion a year which was a direct reflection of the petrochemical industry growth. Mr. Burke noted Kelsey Seybold was a direct response from the Economic Alliance being approached by Harris County Commissioner Adrian Garcia to address the healthcare desert in the north channel area. The Economic Alliance went out to all of their members in the health care industry, and Kelsey Seybold opened a clinic and were already talking about expanding. Next, Mr. Burke discussed their project pipeline. At that time, twenty-three projects were active and all relatively new. The total cap ex was about $7.1 billion with a little over 3,800 new jobs made. Mr. Burke commented that the $7.1 billion was a really robust number for them. Through COVID, it had dropped down to about $4.5 or$5 billion. At the beginning of 2022, the Economic Alliance starting seeing an increase in their number of projects. Mr. Burke projected they would be back in a healthy growth mode moving forward. In their professional services, only 20%of the projects the Economic Alliance worked on included some sort of tax incentive from the state or county. Almost all of their projects included connecting businesses with local government, getting them through the permit process,and talking about infrastructure. In their numbers as far as growth and containers went,Houston went over$3 million TEU's in 2019 with$3.5 million in 2021. Most of the cargo was liquid bulk out of the petroleum industry. Moreover, Mr. Burke addressed the complaints about their supply chain and logistics issues by comparing Houston to LA Long Beach. Pre-COVID, the Economic Alliance averaged between thirty to forty ships in their queue. Currently,there were sixty-five in the queue. Mr. Burke relayed that was a significant increase. He noted there was still an imbalance between the ability to move goods rapidly and the amount of goods that were flowing in which everyone was a part of by shopping on Amazon on a regular basis. The change in the way consumers purchased goods was reflected in the movement of goods in and out of the Port of Houston. The Economic Alliance's Transportation Committee was led by regional mayors, East Harris Count Manufacturer's Association, Port Houston, Harris County, Texas Department of City Council Regular Meeting Minutes. June 23,2022 Page 14 of 26 Transportation(TxDOT),and Houston Galveston Area Council(HGAC).The Committee had met earlier that day with the Houston Freight Committee to identify about thirty projects and prioritized them. Mr. Burke displayed TxDOT's priority list of about seven years ago and noted that almost all of those projects were either under construction or study in one form or fashion. Now, Mr. Burke believed it was time to reassess. Baytown and the North Channel area had identified four or five new projects that needed to be prioritized and pushed towards TxDOT. Some of the main projects currently under study in the Planning Environmental Linkages (PEL) Study were: 1) I-10 East Expansion, including the San Jacinto River Bridge; and 2)the SH 225 to I-610 expansion. The projects designed and with work under way were: 1) SH 146 expansion from Fairmont to Red Bluff;and 2)the Beltway Bridge and the SH 225 direct connectors.The Economic Alliance were constantly trying to find the funding for all eight direct connectors on the Beltway 8 bridge as it was now more than a billion-dollar bridge. On another note, air quality continued to improve. Mr. Burke reported that the Economic Alliance monitored air quality every year with a presentation from the Houston Regional Monitoring by the U.S. Environmental Protection Agency (EPA), private monitors, the Air Alliance, and the Texas Commission on Environmental Quality(TCEQ). Those agencies were the monitors in the region that produced the data Mr. Burke displayed titled "8-Hour Ozone Design Values."The quality of air was impacted two-thirds by mobile sources now instead of point sources. In continuation of the PEL Studies, Mr. Burke went over the study of I-10 down to Mont Belvieu. The most critical part of that was to finish the San Jacinto River Bridge. At that time, they were engineering about three different scenarios to include different heights. The higher it went, the farther out it must go out. However,the farther out it went would impact the Spur 330 interchange. Mr. Burke shared it had been pulled out of the study and accelerated to top priority. The PEL Study of the SH 225 to I-610 was about a year behind in comparison to the I-10 study. Nevertheless, it had moved in to phase two which Mr. Burke voiced to be good. The Economic Alliance was waiting and hopeful to hear some recommendations to come out of that later in the year. Since the study included the I-610 bridge,Mr. Burke believed significant projects with a high price tag would come out of that and the Economic Alliance was working on funding. He heard Council discuss their infrastructure water issues and commented, with all the investment that was happening in the port region over the last decade, the infrastructure did not move at that pace. Mr. Burke emphasized they had to prioritize it with the state to get the projects funded and moved forward. Otherwise, the quality of life and businesses' ability to prosper would begin to degrade. Mr. Burke sped through traffic counts and other slides further detailing the studies he previously mentioned. On a slide regarding the transportation stakeholder consensus, he stated all of their mayors and state and federal representatives signed a letter that was sent to TxDOT and several others to make sure their voice was heard. In workforce development, Mr. Burke relayed they worked with school districts, community colleges, and industries to market pathways and jobs that supported the region. Pre-COVID, the Economic Alliance averaged about a hundred different presentations a year which they would get back to. Over 10,000 students a year were being reached with the information and pathways, and noted that it was all self-funded. City Council Regular Meeting Minutes June 23,2022 Page 15 of 26 Although there was not a slide for public policy, Mr. Burke wanted to mention that their Policy Committee would meet in the following week. The Committee reached out to all of their cities, industry, and port to gather topics that the region needed to voice and present to state legislatures. On November 30th, the Committee would have a forum with everyone present and to which Mr. Burke invited Council to join. The meaning of the forum was to state the items that were priorities in the region and for the chance to get the state legislatures' ear.The Committee did the same thing on a federal level every year. Last April, Mayor Capetillo and other folks from Baytown attended their trip to Washington, D.C. Mr. Burke commented that Mayor Capetillo did a great job of representing their region and the City of Baytown. Furthermore, Mr. Burke wished to mention that housed in their office building was the Small Business Development Council (SBDC). The Economic Alliance partnered with the SBDC regularly.While the Economic Alliance worked on multibillion-dollar projects,the SBDC reached out to small businesses to provide free counseling, business planning, and seminars. In the week prior, the SBDC held a seminar targeting small, minority, and women-owned businesses to teach them how to work with government. The County was there as well as all kinds of different organizations. Mr. Burke explained those were the regular things they provided to try to fill that gap with small businesses. It was not the Economic Alliance, but the SBDC whom they housed. To end off his presentation,Mr.Burke discussed quality of life. Last month,the Economic Alliance approved the Baytown Sculpture Trail Matching Grant for $5,000. The Economic Alliance's Quality of Life Grants were available for all of their communities and was money they had taken through donations over the last couple of decades. The Quality of Life Grant could be for anything from reading programs to women's shelters to sculpture trails. Mr. Burke encouraged Council to keep that in mind for another project. The Economic Alliance had done a good job of stewarding that money over the years and had funds available that they would like to push out. b. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2021. Mayor Pro Tem Presley announced Mr. David Isaac had signed up to speak on Item 4.b. (Zoom) Mr. Isaac relayed to the audience that Council would discuss the City's fiscal year. The most important thing taxpayers cared about was where their money was going. Mr. Isaac stated the problem was that it had not been public, or transparent, enough on the City's website since citizens had to wait and dig through 270 pages just to find the fiscal year report. He noted the fiscal year was not in the packet,but other information, such as the City giving away$2.7 million to the Angel Brothers again, those were the things the town wanted to talk about and play a role in. The citizens had made that clear throughout their district focus group meetings in the last year that was a part of a community-based Strategic Plan. How did the City measure the metrics from a Strategic Plan without knowing the fiscal budget for the year? Mr. Isaac requested Council to make those documents more transparent going forward. Mr.Robert Belt,Managing Partner of Belt Harris Pechacek,presented the Annual Financial Report for the City of Baytown for the year end to September 30, 2021. He noted Belt Harris Pechacek issued an unmodified opinion which was the highest level of assurance from them as the City's auditors. The disclosures required by generally accepted accounting principles had been included City Council Regular Meeting Minutes June 23,2022 Page 16 of 26 and the financial statements were entirely correct. Anytime the City received federal funds of over $750,000, the City was required to have an outside auditor, Belt Harris Pechacek, conduct a single audit—a separate bound report. Mr. Belt believed it was approximately $5.5 million of federal funds that the City received in the past year. Belt Harris Pechacek issued two different compliance reports within their report—both of which were unmodified as well. As there was a tremendous amount of financial information within the report, Mr. Belt stated he would just point out a couple of highlights. The total revenues for the year came in at almost$120 million with total expenditures coming in at $100.1 million. Other financing sources were at $6,456,000. The City of Baytown began the year with a fund balance of$36,996,000, and ended with $48,375,000. Mr. Belt relayed the City had a positive increase for the year of approximately $11.3 million. Governmental units often looked at their total budget in their fund balance and expressed that as a percentage of their operating year. Good,solid principles recommended having at least sixty to ninety days of working capital on hand. Baytown came in with almost six months of working capital, which Mr. Belt pronounced was an excellent financial position to be in. The result of Baytown's Water and Sewer Fund came in with positive operating results as well. Again, Mr. Belt reiterated the report was for the past operating year and there had been a general inflationary increase of about 8%. In listening to the presentation of Item 4.a., Mr. Belt commented that the City had to keep up with the cost. If costs went up, the City had to keep track of that or they would have to make sacrifices somewhere in the quality of the system or it would catch up with them. With that concluding his report, Mr. Belt was happy to entertain any questions. Mayor Pro Tem Presley understood, in speaking with the City Manager, that there were some recommendations to do and a bit more reporting. Also, Mayor Pro Tern Presley understood there was somewhat of an oversight on some of the booking, or accounting, and believed it had been remedied as well. Council Member Betancourth, Chair of the Finance Committee, shared that there were four findings—two of which she wanted to draw Council's attention to. The recommendation to improve how staff communicated to Council on the subject of negative cash balances was that Council should consider adopting a formal policy on such matters. On the subject of expenditures in excess of appropriations, the recommendation was to ensure expenditures did not exceed the appropriations approved by Council. If there were insufficient funds, then an amendment should be proposed to Council in sufficient time. Council Member Betancourth completely supported both of those recommendations and urged staff to move forward with those. Mayor Pro Tem Presley questioned City Manager Rick Davis how they would adopt those recommendations. With regard to the reporting, Mr. Davis had a discussion that day of what that would look like in the future. The City had one bucket of money with different funds represented within that bucket. There was, organically, an inflow and outflow of money. The auditors had recommended the City make some reporting on that condition. Finance Director Victor Brownlees relayed all recommendations had been accepted by the Finance Committee and the Committee would work with the auditors to bring forward any necessary policy proposals to Council. Mr. Davis requested Mr. Brownlees to further address how reporting could be done with regard to the inflow and outflow of revenue. Mr. Brownlees responded that was one of the subjects to be discussed with the Finance Committee on Tuesday, and stated he would be bringing the proposals City Council Regular Meeting Minutes June 23,2022 Page 17 of 26 back to the Committee with the hope that the City could better report that and keep Council informed. Any necessary changes to policies would be brought to Council for approval. Council Member Betancourth wished to point out that the City had made an $11 million increase in revenue and that the recommended savings for operation was ninety days, the City had six months. Council Member Betancourth did not think any Council Member was suggesting not to pay for deferred maintenance or not keep up with the rising cost of utilities. She believed all the suggestions made were that there were other avenues to explore other than rate increases. Council Member Lester added to Council Member Betancourth trajectory that most cities targeted sixty to ninety days. With six months, Council Member Lester agreed that was a great bank account but that also meant a lot of work did not get done. If sixty to ninety days was what Council agreed to be their target,that was the expectation of where they would end up. Of course,there would always be fluctuations; however, with 180 days, Council Member Lester stated that was a lot of projects that could have done and, in his opinion, should have been done. Mr. Brownlees noted staff was with Council on that. Mr. Davis interjected to say the City had deferred no projects as the City was doing projects as fast as they physically could and Baytown paid for a lot of projects in cash and deferred a lot of debt. He relayed the City would continue to do that by utilizing that cash. In discussing utilities,the only thing Mr.Davis tried to impress upon Council was,as long-term strategy,he would not recommend the suggestions previously made by Council in Item 4.a. As short-term, Mr. Davis had committed to look at alternative funding for other projects to try to keep that cost as minimal as possible on the utilities. Council Member Lester noted not all of it was utilities, some were in the capital projects. There were a lot of projects that Council would like to see done and there were obviously funds to do that. Mr. Davis stated in his fist five year in the City, they paid$82 million at one time in capital costs—equivalent to the bond issued in 2007. Council Member Lester repeated the City had the money sitting in the bank. Council Member Alvarado commented that every project she submitted had either already been in the works or in study. While there were a lot of things the City needed to do, Council Member Alvarado did not want to go over to a sixty to ninety days. There were a lot of things that had been happening in the community, such as the pandemic. She also made note about the salaries of their employees. Therefore, Council Member Alvarado did not want to go any lower than perhaps 120 days. The City kept reducing the tax rate and she stated the City needed to have a cushion. In the last budget year, the target was ninety days and Council Member Lester emphasized they had ended up with 180 days, which was double, and did not want to go below ninety days. The 180 days had caught him off guard and noted that was a lot of cash just sitting there. Mr. Davis reiterated that the City was limited physically on how much work could be done, but the City was doing as much as they possibly could,and Mr. Davis guaranteed the City would utilize the funding. He believed the ideas shared that night were good and staff would look at that. However,Mr. Davis could not guarantee the City would always have that much in fund balance. It had been a turbulent year and it had been difficult to get work done on either the contractor side or the City's own employees. Mr. Davis explained a lot of what Council was seeing were salary savings. The City was doing its best to keep up as something serious happened about every year that they needed to be prepared to handle. City Council Regular Meeting Minutes June 23,2022 Page 18 of 26 Council Member Alvarado added the City's portfolio was heavy on Industrial District Agreements (IDA). What happened when one of those shut down? She brought up Council's discussions on diversifying and getting in to new businesses so they were not so dependent on their industry. Council Member Alvarado believed that was one of the things that gave Council that cushion. Mr. Davis commented that he believed Council had been good in providing citizens dividends in terms of modernizing the Public Safety Building, the adoption center, the convention center, and other facilities. Mr. Davis hoped that Council would greet their financial condition warmly and be happy that the City had never been in a stronger financial position. The City did support reducing the tax burden in a prudent way. Enterprises were different, so the City would be sensitive there as well. Mr. Belt interposed to provide Council with a more global perspective. Belt Harris Pechacek audited about 150 governmental units and approximately forty other cities. Going in to the 2021 budget year, it had a depressed outlook and everyone was conservative on the expenditure side as well as revenue estimates. However, it had turned out much better than anyone planned and was reflected over most of the governmental units Belt Harris Pechacek worked with. Mr. Belt noted there was a budget variance for taxes in the General Fund of$4.8 million which was primarily sales tax that Baytown did not anticipate getting. It was not bad management nor bad planning. Baytown was just being conservative, like everyone, and it happened to turn out much better. Lastly, Mr. Belt made note of the policy decision Council would have when more money was available. He suggested that could potentially be cyclical as there may be several more years where the economy would be poor. Baytown, at least, would go in to that with more money than the City would typically have. Mr. Belt commented that was a great position to be in as he presented to many governmental entities that were days upon ballots with no ability to recover from that. 5. CONSENT A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 5.a. through 5.m., save and except Item 5.d. that was pulled for discussion purposes. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Absent) and Council Member Charles Johnson (Absent) Approved a. Consider an ordinance approving Change Order No. 6 for the Reconstruction of Rollingbrook Drive Project. City Council Regular Meeting Minutes June 23,2022 Page 19 of 26 ORDINANCE NO. 15,117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 6 TO THE RECONSTRUCTION OF ROLLINGBROOK DRIVE PROJECT WITH GULF COAST, CRH, F/K/A ANGEL BROTHERS, LTD, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND FIFTY-FOUR AND NO/100 DOLLARS ($120,054.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. This proposed ordinance approves Change Order No. 2 to the Goose Creek Lift Station Rehabilitation project between the City of Baytown and Lindsey Construction. ORDINANCE NO. 15,118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE GOOSE CREEK LIFT STATION REHABILITATION PROJECT WITH LINDSEY CONSTRUCTION COMPANY, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-NINE THOUSAND TWO HUNDRED NINETEEN AND 95/100 DOLLARS ($129,219.95); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of a Fluids Distribution System and accessories from Arnold Oil Company for the Public Safety Facility Project. ORDINANCE NO. 15,119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED THIRTY- SIX THOUSAND SIX HUNDRED EIGHTY AND 98/100 DOLLARS ($336,680.98)TO ARNOLD OIL COMPANY,THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF A FLUIDS DISTRIBUTION SYSTEM AND RELATED ACCESSORIES FOR THE PUBLIC SAFETY FACILITY PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a Professional Services Agreement with Freese and Nichols,Inc.to perform project management,construction management,and inspection services for the Lincoln Cedars and Julie Ann Villa Drainage Improvements Project. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Consent Agenda Item 5.d. However, there was discussion prior to the vote. Mayor Pro Tern Presley announced several individuals present had signed up to speak on the item. City Council Regular Meeting Minutes June 23,2022 Page 20 of 26 Mrs. Marlon Barber spoke on the Lincoln Cedars drainage project, which the residents did not know anything about. She wished to make known that there were issues with the project that were not getting any type of resolutions. She voiced that the contractor only felt it needed to deal with the City. Residents did have some help, but it was not consistent. In regards to Item 4.a., Mrs. Barber had thought the City already raised the price of water given her bills that started with the project. Mrs. Barber was not the only resident out there. A few were present in the meeting whom she spoke on their behalf about how the water prices had gone up. With that big increase, residents did not know where the problem was and needed help to address that. It was underground, but residents did not know if it was on the contractor's side or if it was when the City put in new meters. Mrs. Barber asked Council, and whoever could help, to find the problem. If their bill were to increase, she did not even want to see what that would be. Ms. Sandra Lewis spoke to Council about the flooding issue on her property. For one, Ms. Lewis stated it was due to the structure of the land as the property behind her was elevated higher than the land in the community. While the property owner did try to grade it down and with the roads being uneven, all the water came over to her side. In the last storm, Ms. Lewis discussed her difficulty in getting through to the emergency board. When the contractors did the construction work in their neighborhood,Ms. Lewis wondered if they would fix the drainage. Furthermore, she listed other issues with the contractor, such as: taking a long time to place fire hydrants back, they had broken her water meter, their big concrete boxes were not level with the ground, and the driveways were one to two inches higher than the road. Ms. Lewis noted a neighbor had fallen from that. Residents were just wondering what was all that would happen. Lastly, Ms. Lewis touched on her safety concerns regarding the big concrete partitions off of Highway 146. Ms. Nicole Mathis stated her issue was just with the way the project was being handled. The neighborhood was being torn up and residents were trying to communicate and figure out what was happening. Their water was being turned off and residents did not receive notices at times. There had been several meter breakages that Ms. Mathis conveyed was not professional. The main issue was that residents did not know. Residents understood construction came with inconveniences, but their neighborhood was older with a lot of seniors. The issues out there that the contractors were trying to fix had been there for years. Ms. Mathis noted, with a lot of the changes,it was almost as if the old and the new were not connecting. It was causing more problems than good. Residents did want the upgrade, but requested understanding. She also made note of the big concrete barriers and that their roads were torn up. Residents just wanted answers and for somebody to come out to talk to them about what they were doing in their neighborhood. The residents had tried to speak to the contractors,but they did not understand English. Mayor Pro Tern Presley thanked the speakers and asked the City Manager if it was possible to have Public Works and Engineering Director Frank Simoneaux and Public Works onsite to visit with the residents. Mr. Simoneaux recommended to get their construction crew out there and their construction manager to speak to residents. He had already talked to the first resident about the water meter issue and it had been resolved. Mr. Simoneaux assured they would have more meetings with residents which was one of the reasons for the item—to provide a higher level of construction management services. Mayor Pro Tern Presley believed that was a good idea. As it was in his district, Council Member Powell thanked the residents for sharing their concerns and echoed Mr. Simoneaux's statement that the agenda item would help the City provide more City Council Regular Meeting Minutes June 23,2022 Page 21 of 26 project and construction management. Council Member Powell was in favor of the item and believed it would help get more information to the residents. Also,the City would see what Public Works could do to make sure that the City was communicating better. Council Member Lester agreed with his colleague and noted that the residents supported Mr. Simoneaux's concept. The vote for the motion on the table was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Absent) and Council Member Charles Johnson (Absent) Approved ORDINANCE NO. 15,129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC., FOR PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT,AND INSPECTION SERVICES FOR THE LINCOLN CEDARS AND JULIE ANN VILLA DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTEEN THOUSAND FOUR HUNDRED FIFTY-FOUR AND NO/100 DOLLARS ($116,454.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a Professional Services Agreement with CP&Y for the American Little League Park Improvements Project. ORDINANCE NO. 15,120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CP&Y, INC., FOR PREPARATION OF A PRELIMINARY ENGINEERING REPORT FOR THE AMERICAN LITTLE LEAGUE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY- THREE THOUSAND ONE HUNDRED FORTY-TWO AND NO/100 DOLLARS ($133,142.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes June 23,2022 Page 22 of 26 f. Consider an ordinance authorizing the purchase of one (1) KX-057-5R3AP Track Unit from Kubota Tractor Corporation through the Buyboard Cooperative Purchasing for the Public Works Department. ORDINANCE NO. 15,121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY-NINE THOUSAND NINE HUNDRED THIRTEEN AND 87/100 DOLLARS ($99,913.87) TO KUBOTA TRACTOR CORPORATION, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF ONE (1) KX-057-5R3AP TRACK UNIT FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the award of the Annual Sulfur Dioxide Contract to DXI Industries, Inc. ORDINANCE NO. 15,122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR DIOXIDE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF TWO HUNDRED TWENTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($221,875.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Year 3 of the Microsoft Enterprise Agreement (EA) and Software Assurance (SA). ORDINANCE NO. 15,123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND EIGHT HUNDRED FIFTY-EIGHT AND 38/100 DOLLARS ($70,858.38) TO SHUGOVERNMENT SOLUTIONS, INC., FOR THE PURCHASE OF LICENSES NECESSARY FOR THE USE AND MAINTENANCE OF ALL CITY SERVERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the renewal of the Cityworks Asset Management Software from Azteca Systems, LLC. City Council Regular Meeting Minutes June 23,2022 Page 23 of 26 ORDINANCE NO. 15,124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, RENEWING THE CITYWORKS SOFTWARE CONTRACT WITH AZTECA SYSTEMS, LLC, FOR THE SOFTWARE USED TO MANAGE, TRACK, AND ANALYZE ALL CITY INFRASTRUCTURE ASSETS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIXTY-SIX THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($66,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing payment to Belt Harris Pechacek, LLLP for the September 30, 2021, City of Baytown Financial Audit. ORDINANCE NO. 15,125 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY THOUSAND FOUR HUNDRED NINETY AND NO/100 DOLLARS ($50,490.00)TO BELT HARRIS PECHACEK, LLLP, FOR THE SEPTEMBER 30, 2021, CITY OF BAYTOWN FINANCIAL AUDIT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the Extension of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 1 for a one-year term expiring June 30, 2023. ORDINANCE NO. 15,126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the Extension of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 2 for a one-year term expiring June 30, 2023. ORDINANCE NO. 15,127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH City Council Regular Meeting Minutes June 23,2022 Page 24 of 26 CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing the extension of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 3. for a one-year term expiring June 30, 2023. ORDINANCE NO. 15,128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. APPOINTMENTS a. Consider one (1) appointment to the Baytown Police Advisory Committee. Mayor Pro Tern Presley announced Mr. David Isaac had signed up to speak on Item 6.a. (Zoom) Mr. David Isaac stated he had examined the application and qualifications of the applicant and affirmed the appointment made by Council Member Lester. He believed it was a good,diverse pick for a board that needed diverse voices. Council Member Lester introduced Ms. Athena Greene to Council and discussed that he chose her because he liked what she had to say, liked her interests, and Ms. Greene had plenty of energy. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to appoint Ms. Athena Greene to the District 6 At-Large appointment to the Baytown Police Advisory Committee. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Absent) and Council Member Charles Johnson (Absent) Approved City Council Regular Meeting Minutes June 23,2022 Page 25 of 26 b. Conduct the election of the Baytown City Council Mayor Pro Tem. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve the election of Council Member Charles Johnson as the Baytown City Council Mayor Pro Tem. The vote was as follows: Ayes: Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo (Absent) and Council Member Charles Johnson (Absent) Approved 7. MANAGER'S REPORT City Manager Rick Davis drew Council's attention to the National Association of Government Communicator's Blue Pencil and Gold Screen Awards that were awarded to the City's Public Affairs Department. The first was under the category of Digital E-Newsletter which Baytown was awarded second place for the Visit Baytown Newsletter and third place under the category of Infographic for the City's community survey infographic. Mr. Davis gave kudos to Plans Review Specialist Randy Clare from the City's Building Division for his mastery of their code and his ability to explain it to customers. Likewise, Mr. Davis gave a special thanks to Facilities Assistant Timothy Murphy.A few weeks ago,the City Hall chiller went down and Mr. Murphy worked day and night to correct the issue. Moreover, Public Works and Engineering Assistant Director Andrea Brinkley was selected to receive the Citation for Exemplary Service to Public Works. Mr. Davis also gave kudos to Officer David Holland and Officer Bi who assisted a motorist that blew out one of their tires. Along with the Legal team, Mr. Davis memorialized the contributions of former Interim City Attorney Trevor Fanning with an award. Assistant City Attorney Jerris Mapes and Assistant City Attorney Kristin Holmes echoed Mr. Davis in honoring Mr. Fanning with a few words of appreciation. Paralegal Karen Anderson presented to Mr. Fanning a compass as a token of the Legal team's appreciation. City Attorney Scott Lemond also recognized and thanked Mr. Fanning for his help. Mr. Fanning thanked everyone and assured he was leaving the City in good hands with Mr. Lemond. Finally, Mayor Pro Tem Presley wished Mr. Fanning well. 8. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Chris Presley as it relates to Council District No. Two. Mayor Pro Tern Presley announced Mr. David Isaac had signed up to speak on Item 8.a. City Council Regular Meeting Minutes June 23,2022 Page 26 of 26 (Zoom) Mr. David Isaac informed the public that District 2 had been in disarray for a long time since over$20 million had been invested in Downtown Texas Avenue with little support from its current representative.The speech Mayor Pro Tern Presley would give about how fine things were, Mr. Isaac alleged were only buzz words. Mr. Isaac gave a few more inquisitive questions and expressed his dislike with the way Council ran the City. Mayor Pro Tern Presley interjected to request decorum. After a back and forth between himself and the speaker, Mr. Isaac voiced there needed to be ethics in government and Mayor Pro Tern Presley needed to hear the concern he mentioned. Mayor Pro Tem Presley proceeded with his report and noted he attended the ribbon cutting at Dot's Place on Decker Drive. There were also two new businesses moving into the Arts and Entertainment (ACE) District: a florist and a food and beverage establishment. On another note, Mayor Pro Tern Presley believed the count of the new street lights in the Pelly area were sixty- eight and new stop signs had been put on Memorial Drive in Graywood per the complaints about speeders. Also, Mayor Pro Tem Presley believed the Ward Road medians looked great and was still awaiting mulch to be put in place. Similarly, the Utility Services Building was coming along which he hoped to see the foundation finished soon. In conclusion, Mayor Pro Tern Presley expressed District 2 was a tough district. He had seen much more of a police presence and was grateful for that. Mayor Pro Tem Presley hoped that continued in a big way as it was certainly needed and appreciated.There were a lot of citizens that had worked very hard in District 2 and Mayor Pro Tern Presley encouraged them to continue to do so. 9. ADJOURN With there being no further business to discuss, Mayor Pro Tem Presley adjourned the June 23, 2022, City Council Regular Meeting at 8:36 P.M. �°X tl.a96aba,ta"'VW:" \`} Angela J ckson, City Cle City of Baytown : ;?,�„ o41‘r vd, A- v 62 \*\",►_..